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Code · REGISTER · 2006-08-25 · PROPOSED RULES · Agricultural Agricultural Marketing Service RULES Potato research and promotion plan, 50328-50331 E6-14108 PROPOSED RULES Pistachios grown in California, 50374-50376 E6-14114 NOTICES Grade standards: · Unknown

Unknown. Final Rule

19,403 words·~88 min read·/register/2006/08/25/06-7129

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-2006-08-25.xml --- 71 165 Friday, August 25, 2006 Contents Agricultural Agricultural Marketing Service RULES Potato research and promotion plan, 50328-50331 E6-14108 PROPOSED RULES Pistachios grown in California, 50374-50376 E6-14114 NOTICES Grade standards: Oranges and grapefruit (California and Arizona), 50383 E6-14113 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-7149 50395-50396 06-7150 Animal Animal and Plant Health Inspection Service RULES Plant related quarantine, foreign; user fees:
Imported fruits and vegetables grown in Canada; inspection and user fees along U.S./Canada border; exemptions removed, 50320-50328 E6-14128 Army Army Department See Engineers Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 50396 06-7153 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 50427-50428 E6-14043 Grants and cooperative agreements; availability, etc.:
Medicare— Frontier Extended Stay Clinic Demonstration Project, 50428-50429 E6-14176 Meetings: Medicare— Skilled Nursing Facility Advance Beneficiary Notice, 50429-50430 E6-14147 Medicare Coverage Advisory Committee, 50430-50432 E6-13938 Medicare Provider Feedback Group; town hall meeting, 50432-50433 E6-13379 Coast Guard Coast Guard RULES Drawbridge operations: Maryland and Virginia, 50349-50350 06-7132 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 50385-50386 E6-14105 Defense Defense Department See Air Force Department See Army Department See Defense Logistics Agency See Engineers Corps RULES Civilian health and medical program of the uniformed services (CHAMPUS):
TRICARE program— TRICARE Prime Remote; medical care coverage for active duty family members; enrollment period, 50347-50349 E6-13719 NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-7143 06-7144 50391-50394 06-7151 06-7152 Meetings: Dependents’ Education Advisory Council, 50394 06-7157 Privacy Act; systems of records, 50394-50395 06-7154 Defense Defense Logistics Agency NOTICES Privacy Act; systems of records, 50396-50399 06-7155 06-7156 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 50400 E6-14151 Grants and cooperative agreements; availability, etc.:
Postsecondary education— Jacob K. Javits Fellowship Program, 50400-50403 E6-14169 Meetings: Institutional Quality and Integrity National Advisory Committee, 50403-50405 E6-14164 Employee Employee Benefits Security Administration NOTICES Committees; establishment, renewal, termination, etc.: Employee Welfare and Pension Benefit Plans Advisory Council, 50468-50469 E6-14111 Employment Employment and Training Administration PROPOSED RULES Trade Adjustment Assistance Program: Trade adjustment assistance for workers;
Workforce Investment Act regulations amended, 50760-50832 06-7067 NOTICES Adjustment assistance; applications, determinations, etc.: Accenture, LLP, E6-14116 50469-50470 E6-14132 E6-14134 Alliance Group Technologies, Co., 50470 E6-14158 Boeing Co., 50470-50471 E6-14154 Coleman Cable, Inc., 50471 E6-14146 Eisenhart Wallcoverings, 50471 E6-14159 Epson Portland, Inc., 50471 E6-14143 Fred Meyer/Kroger, Inc., 50471 E6-14160 Honeywell Automation and Control Systems, 50471 E6-14162 John F.
Turner and Co., 50472 E6-14137 Klaussner Furniture of California, Inc., 50472 E6-14168 Maremont Co., 50472 E6-14152 Nortel, 50472 E6-14139 Starkey Labs, 50472 E6-14136 TG Manufacturing, Inc., 50473 E6-14135 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Western Area Power Administration Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50405-50407 E6-14174 E6-14175 Engineers Engineers Corps NOTICES Environmental statements; notice of intent:
Cumberland County Regional Water Supply Project, TN, 50399-50400 E6-14144 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Kresoxim-methyl, 50354-50359 E6-14165 Quinoxyfen, 50350-50354 E6-14065 NOTICES Environmental statements; availability, etc.: Agency comment availability, 50410-50411 E6-14150 Agency weekly receipts, 50411 E6-14145 Meetings: Science Advisory Board, 50411-50412 E6-14166 Pesticide, food, and feed additive petitions:
Dow AgroSciences LLC, 50412-50414 E6-14129 FMC Corp., 50414-50415 E6-14211 Pesticides; emergency exemptions, etc.: Coumaphos, etc., 50415-50419 E6-14053 Water pollution control: Total maximum daily loads— Squaw and Stillwell Creeks, WI; report availability, 50419-50420 E6-14167 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Bombardier, 50331-50333 E6-13966 Fokker, 50333-50335 E6-13969 McDonnell Douglas, 50335-50336 E6-13985 Pilatus Aircraft Ltd.; correction, 50506 Z6-13016 Commercial space transportation:
Licensing and safety requirements for launch, 50508-50727 06-6743 Standard instrument approach procedures, 50336-50338 06-7129 PROPOSED RULES Airworthiness standards: Class E airspace, 50376-50378 06-7130 NOTICES Environmental statements; record of decision: St. George, UT; replacement airport, 50497-50498 06-7141 Exemption petitions; summary and disposition, 50498 E6-14130 FCC Federal Communications Commission PROPOSED RULES Practice and procedure: Benefits reserved for designated entities; competitive bidding rules and procedures, 50379-50380 E6-14161 Television broadcasting:
Children's television programming— Digital television broadcasters obligations to provide educational programming; correction, 50380-50382 E6-14157 NOTICES Common carrier services: Federal-State Joint Board on Universal Service— Auctions use for determining high-cost universal service; comment request, 50420-50421 06-7161 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: Various States, 50359-50361 E6-14141 NOTICES Disaster and emergency areas:
Maine, 50438 E6-14084 Missouri, 50438 E6-14083 New Hampshire, 50439 E6-14078 Ohio, 50439 E6-14080 Texas, 50439-50440 E6-14077 E6-14082 Meetings: National Fire Academy Board of Visitors, 50440-50441 E6-14081 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 50407 E6-14131 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Placentia, CA, 50498-50499 E6-14112 Federal Retirement Federal Retirement Thrift Investment Board RULES Thrift Savings Plan:
Service Office and ThriftLine contact information; update, 50319-50320 E6-14097 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 50421-50423 06-7139 Prohibited trade practices: Duncan, Dan L., et al., 50423-50426 E6-14142 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50433-50434 E6-14076 Grant and cooperative agreement awards: National Center for Natural Products Research, University of Mississippi, 50434-50435 E6-14109 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations:
China; additional designation, 50502-50503 E6-14103 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Madison-Beaverhead, 50383-50384 06-7148 Settlement agreements: Franciscan Friars of California, Inc., 50384 06-7142 GSA General Services Administration NOTICES Freight Management Program (FMP); Transction fee requirement, 50426-50427 E6-14179 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 50441 E6-14086 Grant and cooperative agreement awards:
Youthbuild Program, 50441-50449 E6-14085 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 50730-50757 06-7074 Organization, functions, and authority delegations: Little Rock, AR post-of-duty station; planned closing, 50449 E6-14088 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Public Health Nurse Disease Prevention and Health Promotion Progam, 50435-50438 06-7134 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Environmental statements; records of decision:
Central Arizona Project, AZ; water supply allocation and long-term contract execution, 50449-50452 E6-14153 IRS Internal Revenue Service PROPOSED RULES Income taxes: Computer software; cross-reference; public hearing Hearing canceled, 50378 E6-14090 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-14089 50503-50504 E6-14099 International International Trade Administration NOTICES Antidumping: Carbazole violet pigment 23 from— China, 50386-50387 E6-14171 Frozen warmwater shrimp from— Various countries, 50387-50388 E6-14170 International International Trade Commission NOTICES Import investigations:
Ferrosilicon from— Various countries, 50465-50466 E6-14138 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50466-50468 E6-14115 E6-14118 E6-14133 Land Land Management Bureau PROPOSED RULES Minerals Management: Commercial Oil Shale Leasing Program, 50378-50379 06-7136 NOTICES Alaska Native claims selection:
Azachorok Inc., 50452 E6-14091 Environmental statements; availability, etc.: Anchorage Field Office-administered lands from Dixon Entrance to Attu Island, AK; Ring of Fire resource management plan, 50452-50454 E6-14209 Realty actions; sales, leases, etc.: Colorado, 50454 E6-14096 Nevada, 50455 E6-14095 New Mexico, 50455-50456 E6-14092 Oregon, 50456-50457 E6-14093 Wisconsin; correction, 50506 C6-6782 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:
Outer Continental Shelf— Oil and gas leasing; 2007-2012 program, 50457 E6-14073 Outer Continental Shelf operations: Oil and Gas Leasing Program (2007-2012 FY); comment request, 50457-50463 06-7128 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50473 E6-14173 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 50473-50475 E6-14123 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
Arts Advisory Panel, 50475 E6-14163 National Institute National Institute of Standards and Technology NOTICES Meetings: International Code Council, 50388-50389 E6-14172 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation— Mid-Atlantic; sea scallop dredge vessels, 50361-50373 06-7160 NOTICES Meetings: Pacific Fishery Management Council, 50389-50390 E6-14107 National Park National Park Service NOTICES Environmental statements; availability, etc.:
Padre Island National Seashore, TX; Kindee Oil & Gas Texas, LLC, Wilson Well No. 1; plan of operations, 50463 E6-14148 National Register of Historic Places; pending nominations, 50463-50465 E6-14100 E6-14102 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Continuity of business (via satellite) summit; acquiring robust communications capability to prepare for natural and man-made disasters, 50390 E6-14121 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Omaha Public Power District, 50475-50477 E6-14106 Occupational Occupational Safety and Health Administration NOTICES Committees; establishment, renewal, termination, etc.:
Maritime Advisory Committee on Occupational Safety and Health; correction, 50506 C6-6746 Pension Pension Benefit Guaranty Corporation NOTICES Single employer plans: Interest rates and assumptions, 50477-50478 E6-14210 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 50478 E6-14098 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Minority Enterprise Development Week (Proc. 8041), 50833-50836 06-7208 Reclamation Reclamation Bureau NOTICES Meetings:
California Bay-Delta Public Advisory Committee, 50465 06-7158 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent: Earth Resources, Inc., 50384-50385 E6-14101 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 50478-50480 E6-14124 E6-14125 E6-14126 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 50480-50482 E6-14127 Philadelphia Stock Exchange, Inc., 50482-50497 06-7131 State State Department RULES Visas; nonimmigrant documentation:
Consular offices; nonimmigrant visa issuances and refusals; review guidance Correction, 50338-50339 E6-14140 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Mississippi, 50339-50341 E6-14155 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., et al., 50499-50501 E6-14034 E6-14035 Railroad services abandonment: CSX Transportation, Inc., 50501 E6-14036 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service RULES Terrorism Risk Insurance Program:
Terrorism Risk Insurance Extension Act; implementation, 50341-50347 E6-14180 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50502 E6-14087 Veterans Veterans Affairs Department NOTICES Medical benefits: Medical care or services; reasonable charges; 2006 mid-year update, 50504-50505 E6-14075 Western Western Area Power Administration NOTICES Power rates: Boulder Canyon Project, 50408-50410 E6-14181 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 50508-50727 06-6743 Part III Housing and Urban Development Department, 50730-50757 06-7074 Part IV Labor Department, Employment and Training Administration, 50760-50832 06-7067 Part V Executive Office of the President, Presidential Documents, 50833-50836 06-7208 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. 71 165 Friday, August 25, 2006 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1630, 1651, 1653, and 1690 Thrift Savings Plan Service Office and ThriftLine Contact Information AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Final Rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is adopting as final, without change, its proposed rule updating the Thrift Savings Plan's
(TSP)participant services' contact information. The mailing addresses for the TSP's benefits processing units ( *e.g.* , correspondence, benefits request forms, court orders and legal process actions, death benefit claims) has changed from National Finance Center, P.O. Box 61500, New Orleans, Louisiana 70161-1500 to the current addresses provided at *http://www.tsp.gov.* (These units were formerly known collectively as the TSP Service Office.) Additionally, the TSP's ThriftLine telephone number has changed from
(504)255-8777 to
(877)968-3778. DATES: This final rule is effective: August 25, 2006. FOR FURTHER INFORMATION CONTACT: Merritt Willing on
(202)942-1666. SUPPLEMENTARY INFORMATION: The Agency administers the TSP, which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). On July 14, 2006, the Agency published a proposed rule with request for comments in the **Federal Register** (71 FR 40034). The Agency received no comments on the proposed rule. Therefore, the Agency is publishing the proposed rule as final without change. The rule provides current contact information for the Agency's processing units and ThriftLine. In addition to providing participants with accurate contact information, the rule often directs participants to the TSP Web site as opposed to a specific address. Use of the Web site for reference will reduce Agency resources used to update such contact information. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. They will affect only employees of the Federal Government. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under section 1532 is not required. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 814(2). List of Subjects 5 CFR Part 1630 Privacy. 5 CFR Part 1651 Claims, Government employees, Pensions, Retirement. 5 CFR Part 1653 Alimony, Child support, Government employees, Pensions, Retirement. 5 CFR Part 1690 Government employees, Pensions, Retirement. Gary A. Amelio, Executive Director, Federal Retirement Thrift Investment Board. Accordingly, for the reasons set forth in the preamble, 5 CFR chapter VI is amended as follows: PART 1630—PRIVACY ACT REGULATIONS 1. The authority citation for part 1630 continues to read as follows: Authority: 5 U.S.C. 552a. 2. Amend § 1630.4 by revising the third sentence of paragraph (a)(1) and the third sentence of paragraph (a)(2) to read as follows: § 1630.4 Request for Notification and access.
(a)* * *
(1)* * * The mailing address of the Thrift Savings Plan is provided at *http://www.tsp.gov.* * * *
(2)* * * To use the TSP ThriftLine, the participant must have a touch-tone telephone and call the following number:
(877)968-3778. * * * PART 1651—DEATH BENEFITS 3. The authority citation for part 1651 continues to read as follows: Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 8474(c)(1). 4. Amend § 1651.13 by adding a sentence at the end of the section to read as follows: § 1651.13 How to apply for a death benefit. * * * Please visit *http://www.tsp.gov* to obtain a copy of this form and for the current mailing address for death benefit applications. PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS 5. The authority citation for part 1653 continues to read as follows: Authority: 5 U.S.C. 8435, 8436(b), 8437(e), 8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1). 6. Amend § 1653.3 by revising the third sentence of paragraph
(b)introductory text to read as follows: § 1653.3 Processing retirement benefits court orders.
(b)* * * Retirement benefits court orders should be submitted to the TSP record keeper at the current address as provided at *http://www.tsp.gov.* * * * 7. Amend § 1653.13 by revising the third sentence of paragraph
(b)introductory text to read as follows: § 1653.13 Processing legal processes.
(b)* * * Legal processes should be submitted to the TSP record keeper at the current address as provided at *http://www.tsp.gov.* * * * PART 1690—THRIFT SAVINGS PLAN 8. The authority citation for part 1690 continues to read as follows: Authority: 5 U.S.C. 8474. 9. Amend § 1690.1 by removing the definition of *Thrift Savings Plan Service Office or TSPSO* and by revising the definition of *ThriftLine* to read as follows: § 1690.1 Definitions. *ThriftLine* means the automated voice response system by which TSP participants may, among other things, access their accounts by telephone. The ThriftLine can be reached at
(877)968-3778. [FR Doc. E6-14097 Filed 8-24-06; 8:45 am] BILLING CODE 6760-01-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 319 and 354 [Docket No. APHIS 2006-0096] RIN 0579-AC06 Agricultural Inspection and AQI User Fees Along the U.S./Canada Border AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the foreign quarantine and user fee regulations by removing the exemptions from inspection for imported fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada. As a result of this action, all agricultural products imported from Canada will be subject to inspection, and commercial conveyances, as well as airline passengers arriving on flights from Canada, will be subject to inspection and user fees. We are taking this action in part because we are not recovering the costs of our current inspection activities at the U.S./Canada border. In addition, our data show an increasing number of interceptions on the U.S./Canada border of prohibited material that originated in regions other than Canada that presents a high risk of introducing plant pests or animal diseases into the United States. These findings, combined with additional Canadian airport preclearance data on interceptions of ineligible agricultural products approaching the U.S. border from Canada, strongly indicate that we need to expand and strengthen our pest exclusion and smuggling interdiction efforts at that border. In order to do this and to recover the costs of our existing inspection activity, we need to collect user fees for inspection of commercial conveyances and international air passengers entering the United States from Canada. DATES: This interim rule is effective November 24, 2006. We will consider all comments we receive on or before November 24, 2006. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and, in the lower “Search Regulations and Federal Actions” box, select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select APHIS-2006-0096 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2006-0096, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0096. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Alan S. Green, Executive Director, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737;
(301)734-8261. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 319 prohibit or restrict the importation of certain plants and plant products into the United States to prevent the introduction of plant pests. Similarly, the regulations in 9 CFR subchapter D prohibit or restrict the importation of certain animals and animal products into the United States to prevent the introduction of pests or diseases of livestock. The regulations in 7 CFR part 354 provide rates and requirements for overtime services relating to imports and exports and for user fees. The existing regulations in “Subpart-Fruits and Vegetables” (§§ 319.56 through 319.56-8) require, with very few exceptions, a specific written permit for the importation of fresh fruits or vegetables into the United States. The imported fruits and vegetables are subject to inspection and, if necessary, cleaning and/or treatment at the first port of arrival in the United States. Also, the owner or the owner's agent must make full disclosure of the type, quantity, and country of origin of the fruits and vegetables at the time the fruits and vegetables are presented for inspection. Current § 319.56-2(c), however, provides that, with the exception of potatoes from specified areas in Canada, fruits and vegetables grown in Canada may be imported without restriction under the regulations. Canada has been treated more leniently than other countries because, at the time the policy was implemented, products from Canada were produced in Canada and, in most cases, did not harbor plant pests or animal diseases of concern to the United States. In addition, we had reviewed Canada's import requirements and determined that they were sufficient to ensure that Canada would keep out agricultural commodities from other countries that could present plant or animal pest or disease risks if those commodities were subsequently exported from Canada to the United States. In the two final rules (the first published in the **Federal Register** on April 12, 1991 (56 FR 14837-14846, Docket No. 91-026) and the second on January 9, 1992 (57 FR 755-773, Docket No. 91-135)) in which we first established agricultural quarantine and inspection
(AQI)user fees for commercial conveyances and international air passengers, we exempted conveyances and passengers from Canada from those fees. Because it was our understanding at the time that such conveyances and passengers posed little risk of introducing plant or animal pests or diseases into the United States, we did not need to routinely provide AQI services for them and, therefore, could not justify imposing user fees on them. Recent trends have led us to reevaluate our AQI inspection regime at the U.S./Canada border. The North American Free Trade Agreement has had a significant impact on agricultural trade between the United States and Canada. Between 1995 and 2005, Canadian exports to the United States of vegetables and fruits and nuts increased by 80 percent. In addition, a huge demand created by Canada's growing cultural diversity has led to an ever-increasing variety of agricultural products from all over the world being imported into Canada. Canadian re-exports of vegetables and fruits and nuts to the United States increased by 336 percent during the same 10-year period. Being situated entirely in cool to cold ecoregions, Canada imposes fewer phytosanitary requirements than does the United States on imports of plant products from most countries where tropical or subtropical pests are present. Of the 402 species on the U.S. regulated plant pest list as of December 2001, 349, or 87 percent, were not regulated pests in Canada. Therefore, most commodities that are refused entry into the United States, or are admitted only after certain phytosanitary requirements have been met, can be imported into Canada without any impediments. Canada's import requirements for many foreign plant products allow Canada to offer a greater availability of such products than can the United States. This greater availability, which may result in lower prices, combined with the lack of routine inspection at U.S. ports of entry of agricultural products labeled as products of Canada and of international air passengers at the Canada/U.S. border, creates an incentive for people to bring agricultural commodities that may not be eligible for U.S. import into the United States from Canada. Some commodities that fall into this category are mangoes, litchis, guava, and lemon grass. Responding to this incentive, commercial importers can circumvent U.S. phytosanitary regulations by having agricultural commodities shipped to Canada, having them re-labeled there as products of Canada, and then having them shipped to the United States, taking advantage of the exemption in § 319.56-2(c) referred to above. Interceptions at the border, including one in Detroit in 2004 of Spanish oranges and Dutch peppers manifested as products of Canada, provide evidence of this practice. There have also been instances of flowers grown in a third country being mixed into bouquets with Canadian-grown flowers and then shipped to the United States. Hydrangea plants from third countries have been cut into small rooted cuttings, labeled as Canadian products, and then shipped across the border to the United States. In 2005, approximately 14,000 hydrangea plants from Japan entered the United States via Canada. Importation into the United States of hydrangeas from Japan is prohibited due to the possibility that they could introduce the quarantine-significant rust *Puccinia glyceriae* (anam. *Aecidium hydrangeae-paniculatae* Dietel into this country. There have been frequent interceptions of litchis and longans that originated in Asian countries, were taken out of their original boxes, re-labeled, and then shipped across the border from Canada. A 3,000-pound shipment of untreated longans, which was part of a mixed load, was intercepted at Blaine, WA, in 2003. A shipment of litchis was seized as recently as July 2006, also at Blaine. Further confirmation of these practices was provided by the results of three extensive inspection operations along the U.S./Canada border (two in Buffalo, NY, and a third at Blaine, WA). The inspections resulted in numerous interceptions of unauthorized material produced in regions other than the United States and Canada. Prohibited articles found during these inspections included untreated citrus fruit, mangoes, and other tropical fruit; meat; live birds; and plants in pots with soil. The prohibited plants, plant products, birds, and animal products intercepted originated in regions throughout the world and presented a high risk of introducing plant pests or animal diseases into the United States. In fact, according to our interception records, a number of exotic plant pests were found during these inspections, including fruit flies and mealybugs on cherimoyas; aphids, mites, and scale insects on litchis; white flies and fruit flies on guavas; and scale insects and mealybugs on mangoes. Additional interception records compiled by APHIS' Plant Protection and Quarantine
(PPQ)program have documented a number of potential risk factors associated with imports of agricultural products from Canada. Materials with the potential for carrying foot-and-mouth disease
(FMD)have been found to approach the border regularly from Canada. Solid wood packing material, a pathway for the Asian and citrus longhorned beetles, *Sirex noctilio,* pine shoot beetle, emerald ash borer, and other pests and diseases, is estimated to be present in some 70 percent of all Canadian rail containers. We view both the packing materials and the railway conveyances in which they are carried as more significant risk pathways than we did when we first established AQI user fees. Fruit flies have been intercepted at U.S. entry ports on mangoes from Mexico and Morocco, longans and litchis from various Asian countries, citrus from Spain, *Spondia* spp. from Mexico, *Acanthocereus* spp. from China, and *Musa* spp. from India that were shipped from those countries to the United States via Canada. Results of our AQI preclearance activities at Canadian airports have demonstrated that air passengers from Canada represent another pest pathway. The number of air passengers entering the United States from Canada has increased over 70 percent in the last 14 years, from 35 million in 1992 to a projected 60 million in 2006. AQI monitoring of this pathway was first implemented in FY 1996 at Vancouver International Airport, with permanent staffing placed at that airport in FY 2001. The preclearance program was then expanded to include Toronto, Montreal, and Calgary. Table 1 below provides data on interceptions of animal products prohibited U.S. entry that were carried by preclearance passengers at Vancouver International Airport in FYs 2000 and 2001. Imports of animal products from the countries listed in the table may present a risk of introducing FMD or other animal diseases into the United States. The interception totals were higher in FY 2001 because of the permanent staffing we had in place during that year. Regrettably, in subsequent years, staffing shortfalls elsewhere resulted in AQI personnel being reassigned from this location, increasing the possibility that prohibited animal products may not be intercepted at Vancouver International Airport prior to entering the United States. Table 1.—Interceptions of Prohibited Animal Products During Preclearance Passenger Inspections at Vancouver International Airport Passenger origin Animal product interceptions FY 2000 FY 2001 Canada 3 8 China 2 41 Hong Kong 0 11 Japan 0 3 South Korea 0 1 Philippines 0 5 Singapore 0 1 United Kingdom 0 1 Spain 1 0 Taiwan 2 0 Source: Work Accomplishment Data System, APHIS, PPQ. Table 2 below presents approach rates for FYs 2001 through 2004 for samples of preclearance passengers at the four Canadian airport locations—Calgary, Montreal, Toronto, and Vancouver—at which we have had an AQI presence. The approach rate is the percentage of passengers carrying agricultural items prohibited entry into the United States. For example, in FY 2001, there were 5,433 passengers sampled, of whom 358 were found to be carrying prohibited materials, which were then seized, resulting in an approach rate of 6.6 percent. Table 2.—Approach Rates for Preclearance Passengers at Canadian Airports Fiscal year Passengers sampled Quarantined material interceptions Approach rate (percent) 2001 5,433 358 6.6 2002 4,386 160 3.6 2003 18,285 901 4.9 2004 19,496 1,520 7.8 Average 11,900 735 6.2 Source: APHIS, PPQ, Agricultural Quarantine Inspection Monitoring Program. In FY 1999, the last year for which we have complete data on the number of air passengers precleared in Canada for entry into the United States, the total exceeded 10 million passengers. As shown in table 2, the average yearly approach rate for such passengers is 6.2 percent. This means that approximately 620,000 prohibited agricultural commodities may be carried by air passengers attempting to enter the United States from Canada each year. When surveys and blitzes were conducted on passenger baggage at destination airports in the United States, significant amounts of prohibited agricultural materials were found. In addition to all the conventional risk pathways discussed above, in the wake of the terrorist attacks of September 11, 2001, bioterrorism has become a much greater source of concern to us than it was in the past. The U.S./Canada border, which stretches over 3,985 miles from the Pacific to the Atlantic Ocean, is the longest undefended border in the world. Our current dearth of inspection activity at that border could potentially leave the United States vulnerable to bioterrorism. A successful bioterrorist attack could, in addition to causing death and illness, undermine Americans' confidence in the safety of their food system and have a devastating impact on U.S. agriculture. In order to safeguard U.S. agriculture, we have recently augmented our inspection activities at the U.S./Canada borders. The Bureau of Customs and Border Protection
(CBP)of the U.S. Department of Homeland Security, which now conducts agricultural inspections pursuant to APHIS' regulations, currently has agricultural inspector positions along the U.S./Canadian land border stretching from Maine to Washington State. Busy corridors, such as Buffalo, NY, Detroit, MI, and Blaine, WA, have had the most inspectors. In recent years, agriculture inspectors have been assigned to ports that previously did not have coverage for agricultural products, such as those in Maine, Minnesota, North Dakota, Montana, and Idaho. In addition to the border inspectors, there are the CBP agricultural inspectors located at preclearance stations at the larger Canadian airports of Toronto, Vancouver, and Montreal. Inspectors at the border check and verify import permits and conduct inspection of agricultural products, such as cut flowers and produce, that are arriving on commercial conveyances, when those products are not of Canadian origin or when paperwork is lacking. Such commodities as meat and solid wood packing material have also been subject to inspection. In addition, the inspectors have been conducting some passenger vehicle inspections, which have resulted in the seizure of prohibited foreign agricultural commodities, such as untreated Asian and Latin American fruits that are eligible to enter Canada without the treatment necessary for importation into the United States. Lack of funding and personnel have hampered our border inspection efforts, however. Because we have not charged user fees for inspecting commercial vessels (100 net tons or more), commercial trucks, commercial railroad cars, commercial aircraft, or international air passengers that enter the United States from Canada, we have not been recovering the costs of the inspections that we have been conducting. CBP staffing shortages have prevented us from augmenting our inspection activities to the extent that we deem necessary. At some of the newly staffed border locations referred to earlier, there is only one inspector to cover multiple points of entry. Based on all the findings discussed above regarding conventional risk pathways, as well as our concerns about bioterrorism, we have determined that we need to expand and strengthen our pest exclusion efforts at the U.S./Canadian border. CBP concurs with this determination. To sum up then, this interim rule has a threefold purpose: • Closing the inspection exemption loophole for fruits and vegetables entering the United States from Canada; • Recovering the costs of AQI services we are already providing at the U.S./Canada border; and • Recovering the costs of new, expanded AQI services at the U.S./Canada border. To address the risks posed by agricultural products agricultural products that originate in a third country and are shipped through Canada to the United States, we are amending § 319.56-2(c), which, as noted above, provides that, with the exception of potatoes from specified areas in Canada, fruits and vegetables grown in Canada may be imported without restriction under the regulations in “Subpart-Fruits and Vegetables.” Specifically, we are amending that paragraph to provide that such fruits and vegetables will be subject to the requirements in § 319.56-6 for inspection at the port of first arrival. There are no specific inspection exemptions in other APHIS regulations for commodities from Canada. Agricultural commodities from Canada other than fruits and vegetables, such as cut flowers and nursery stock, are already subject to inspection, though such inspections have not been conducted with a frequency commensurate with the level of risk now associated with such imports. We are also removing the exemptions from AQI user fees in § 354.3 for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers 1 entering the United States from Canada. Removing these exemptions will enable us to recover the both costs of our current inspection activities and the costs associated with implementing an augmented inspection regime for these conveyances and passengers. 1 Fees charged air passengers are collected by the airlines and transmitted to APHIS. We have used appropriated funds to cover AQI costs attributable to pedestrians and private vehicular traffic. The additional resources generated by the user fees will enable us to hire sufficient personnel to help target existing agricultural risk pathways for adequate pest exclusion and conduct compliance checks for all entrants from Canada. Adequate staffing is also vital to the effort to uncover currently unknown pathways. In addition, more inspectors are necessary to properly conduct verification of exit for transiting commodities at land borders. At Canadian airports, additional personnel will enable us to increase inspections of passengers determined to be at high risk for carrying restricted or prohibited animal products and produce. Anticipated personnel and other costs resulting from this interim rule are discussed below in the summary of the economic analysis, as well as in the full analysis. Our amendments to § 354.3 entail removing or amending those paragraphs in the section that provide specific exemptions for conveyances or passengers arriving from Canada or that have moved solely between the United States and Canada. In the paragraphs that provide for the prepayment of user fees for commercial trucks and commercial railroad cars, which have applied only to such trucks and railroad cars from Mexico due to the exemptions discussed previously for those conveyances arriving from Canada, we have removed the words “from Mexico” so those prepayment provisions will apply to conveyances arriving from both Canada and Mexico. This interim rule does not establish any new user fees. Rather, the same AQI user fees that apply to commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers from every other nation arriving at ports in the customs territory of the United States will now apply to Canada as well. 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 § 354.3 by adjusting these fees. The fee adjustments were needed to recover the costs of increased inspection activity necessitated by the events of September 11, 2001, and to account for routine inflationary increases in the cost of doing business. The December 2004 interim rule contained adjusted AQI user fees for fiscal years
(FYs)2005 through 2010. We develop user fees by determining the total annual costs to administer each individual AQI program activity for air passengers, commercial aircraft, trucks, railroad cars, and maritime vessels, including direct costs for providing inspection services, and indirect costs, such as agency overhead; the administrative costs of developing, collecting, and monitoring AQI user fees; and an amount to maintain a reasonable balance in reserve. We divide the total costs for each individual program activity by the estimated volume of airline passengers and commercial conveyances in that program activity arriving from all destinations to calculate each individual program's user fees. Depending on the type of commodity or the agricultural risks associated with the region from which a conveyance or passenger originates, the inspection process may take only a few minutes or it can be quite extensive. These factors vary considerably from port to port and season to season; however, our fees do not. The number of variables which determine the amount of service or length of time required to provide service is virtually infinite. A system that attempted to account for all these variables would be unwieldy and expensive to administer and would require that additional expenses be included in the fee calculations. AQI user fees are spent only on AQI-related activities-in this case, establishing a workforce on the U.S./Canadian border commensurate with the volume of traffic that is sufficient to implement and maintain an inspection program on that border. Internal recordkeeping ensures that revenues received from air passengers and each mode of transportation are properly recorded and utilized. While AQI revenues all go into one AQI account, they are applied to specific activities. Revenues from AQI fees collected from international air passengers are only used for expenses associated with providing AQI services for those passengers. Similarly, revenues from AQI fees for each type of conveyance are only used for expenses associated with providing AQI services for that type of conveyance. Any excess collections will be used to rebuild the AQI reserve balances for the various service categories, which have been depleted in part because we have not been recovering the costs of even the limited inspection activities we have been conducting on the U.S./Canada border. As APHIS assesses its user fees, it will initiate rulemaking to increase or decrease the fees as necessary. Section 2509(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136a, referred to below as the FACT Act), as amended by section 917 of the Federal Agricultural Improvement and Reform Act of 1997 (Pub. L. 104-127), authorizes APHIS to collect user fees for AQI services. These include an amount sufficient to maintain a reasonable balance, *i.e.* , a reserve fund, in the AQI User Fee Account for each service category. The reserve fund serves two purposes. First, it ensures that the Agency has access, through the AQI User Fee Account, to funds for normal operating expenses for each AQI service category. Second, the reserve fund ensures that the Agency has sufficient operating funds to carry on with AQI activities in each service category in cases of bad debt, carrier insolvency, or fluctuations in activity volumes. The aftermath of the events of September 11, 2001, shows the importance and necessity for such a reserve. For a time, airline business stopped completely, and it is still at lower levels than it was before September 11, 2001. Many airlines have either filed for bankruptcy or simply stopped flying into the United States. Further, some U.S. passengers are wary of traveling abroad, and some foreign travelers have the same fears of traveling to the United States. Without the reserve, AQI operations would have been severely disrupted. Emergency Action This rulemaking, which removes the exemption from inspection for imported fruits and vegetables grown in Canada and subjects all air passengers and commercial vessels, trucks, railroad cars and aircraft from Canada to AQI user fees, is necessary on an emergency basis to prevent the introduction of plant pests and animal diseases into the United States via conventional pathways or through bioterrorism and to recover the cost of the needed inspections. Under these circumstances, the Administrator has determined that there is good cause under 5 U.S.C. 553 for issuing this rule as an interim rule rather than by publishing a notice of proposed rulemaking. We are making this rule effective 90 days after publication in the **Federal Register** in order to allow adequate time for the transfer of inspectors to the U.S./Canada border, the establishment of new inspection protocols, and the implementation of collection procedures by those who must collect user fees. We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. This rule 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. For this interim rule, we have prepared an economic analysis. The economic analysis, which provides a cost-benefit analysis as required by Executive Order 12866 and an analysis of the potential economic effects on small entities as required by the Regulatory Flexibility Act, is summarized below. Copies of the full analysis are available by contacting the person listed under FOR FURTHER INFORMATION CONTACT and may be viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). The Regulatory Flexibility Act requires that agencies specifically consider the economic effects associated with their rules on small entities, which include small businesses, small not-for-profit organizations, and small governmental jurisdictions. We do not have enough data for a comprehensive analysis of the economic effects of this rule on small entities. Therefore, in accordance with 5 U.S.C. 603, we have performed an initial regulatory flexibility analysis for this rule. We are inviting comments about this rule as it relates to small entities. In particular, we are interested in determining the number and kind of small entities who may incur benefits or costs as a result of this rule and the economic effects of those benefits or costs. Under the Plant Protection Act (7 U.S.C. 7701 *et seq.* ), the Secretary of Agriculture is authorized to regulate the importation of plants, plant products, means of conveyance, and other articles to prevent the introduction into or dissemination within the United States of plant pests and diseases and noxious weeds. Similarly, under the Animal Health Protection Act (7 U.S.C. 8301 *et seq.* ), the Secretary of Agriculture is authorized to regulate the importation or entry into the United States of any animal, animal product, means of conveyance, or other article to prevent the introduction into or dissemination within the United States of any pest or disease of livestock. Also, under the FACT Act, the Secretary of Agriculture is authorized to prescribe and collect fees that will cover the cost of providing import- and export-related AQI inspection services in connection with the arrival of international passengers, commercial vessels, commercial aircraft, commercial trucks, and railroad cars in the customs territory of the United States or their preclearance at a site outside the customs territory of the United States. This interim rule removes exemptions from AQI inspection for Canadian-grown fruits and vegetables imported from Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and air passengers moving into the United States from Canada. As a result of this action, fruits and vegetables grown in Canada and imported into the United States will be subject to inspection, and commercial vessels, trucks, railroad cars, and aircraft, as well as airline passengers coming into the United States from Canada, will be subject to inspection and user fees. We are taking this action because we are not recovering the costs of our current inspection activity at the U.S./Canada border and because our data show an increasing number of interceptions on the border of prohibited material that originated in regions other than Canada. These findings, combined with our increased concerns about the threat of bioterrorism, make it imperative that we expand and strengthen our pest exclusion efforts at the U.S./Canada border and that we have the funds available to support both our existing and expanded activity. Affected Entities and User Fee Revenues This interim rule will affect entities that move commodities into the United States from Canada. Broadly, these include commercial surface, waterborne, and air conveyances. Surface Conveyances For commercial freight trucking, the Small Business Administration
(SBA)defines a small entity as one having not more than $23.5 million in annual receipts. According to the 2002 Economic Census (the most recent available), there were 29,321 general long-distance freight trucking establishments in the United States (North American Industry Classification System [NAICS] code 484121). A total of 403 of these establishments, or less than 2 percent, had annual receipts of $21.5 million or more, the largest revenue category identified. Thus, more than 98 percent of trucking establishments in the United States are small entities. We do not know the number or size of trucking establishments that transport products across the border from Canada, but can reasonably assume that they are also mostly small entities. For commercial railroad transportation, the SBA defines a small business entity as one having not more than 1,500 employees for long-haul railroads (NAICS code 482111) and not more than 500 employees for short-line railroads (NAICS code 482112). Of the 571 firms operating as railroad transportation companies in the United States according to the 2002 Economic Census, 18 firms employed more than 500 workers. Therefore, approximately 97 percent of commercial railroad companies in the United States could be considered small entities. We assume that this percentage applies to railroad companies that transport products into the United States from Canada. Under this interim rule, all commercial trucks and trains, except those exempt from payment under 7 CFR 354.3(d)(2), entering the United States from Canada will be subject to AQI user fees. A user fee of $5.25 per crossing or $105 for the year will be charged to each truck (table 3) in FYs 2006 and 2007. A user fee of $7.50 per crossing will be charged to each loaded rail car in FY 2006. In FY 2007, the fee will be $7.75. Trucks, trains, and all other surface modes of conveyance transported approximately $458 billion worth of goods across the U.S./Canada border in 2005. 2 While agricultural shipments are expected to be the focus of the border inspections, all commercial conveyances crossing the border are subject to inspection and the user fee. 2 Bureau of Transportation Statistics. U.S. Surface Transportation Trade with Canada, 2006. Waterborne Conveyances For commercial water transportation, the SBA defines a small business entity as one having not more than 500 employees. According to 2002 U.S. Census data for Transportation and Warehousing, there were 1,334 firms that operated in the United States for the entire year providing “deep sea, coastal, and Great Lakes water transportation” (NAICS codes 483111 and 483113). Twelve of these firms employed 500 to 999 workers, and 10 firms employed 1,000 or more workers. Thus, over 98 percent of water transportation firms in the United States employed fewer than 500 workers and could be considered small. Under this interim rule, all commercial vessels of 100 net tons or more entering the United States from Canada in FY 2006, unless exempt from payment under § 354.3(b)(2), will be charged a user fee of $488 per vessel (table 3). The fee rises slightly to $490 in FY 2007. All waterborne trade with Canada in 2005 was valued at $14 billion. 3 Approximately 1,895 vessels were used to move cargo from Canada to the United States in 2005; however, it is not known how many of these vessels carried agricultural goods. 4 3 Bureau of Transportation Statistics. U.S. Surface Transportation Trade with Canada, 2006. 4 Bureau of Transportation Statistics. U.S. Surface Transportation Trade with Canada, 2006. Air Conveyances For commercial air transportation, the SBA defines a small business entity as one having not more than 1,500 employees. According to the 2002 U.S. Economic Census for Transportation and Warehousing, there were 1,674 firms in the United States classified under “scheduled freight air transportation” (NAICS code 481112), of which only 13 firms employed more than 1,000 workers. Thus, over 99 percent of all air transportation firms in the United States could be considered small. Under this interim rule, commercial aircraft arriving in the United States from Canada in FY 2006 will be charged a user fee of $70.25 per arrival, unless exempt from payment under § 354.3(e)(2). In FY 2007, the fee will be $70.50 per arrival. The interim rule also requires that air passengers coming to the United States from Canada (10.1 million in FY 2005) be charged a user fee of $5.00 each (table 3) in both FYs 2006 and 2007, unless exempt from payment under § 354.3(f)(2). Table 3.—Agricultural Inspection
(AQI)User Fees for Conveyances Entering the United States Conveyance User fee per crossing (FY 2006) User fee per crossing (FY 2007) Prepaid user fee decal (FY 2006) Prepaid user fee decal (FY 2007) Maritime vessels $488.00 $490.00 N/A N/A Trucks* 5.25 5.25 $105.00 $105.00 Railroad cars 7.50 7.75 N/A N/A Aircraft 70.25 70.50 N/A N/A Air passengers (per passenger) 5.00 5.00 N/A N/A *Truck operators will have a choice of paying per crossing or per year (decal). Economic Effects of Changes Regardless of what goods they carry, unless exempt, commercial trucks, vessels of 100 net tons or more, railroad cars, and aircraft are subject to inspection and will be charged a user fee. Table 4 shows the revenues that we project will be generated by applying the FY 2006 and FY 2007 user fees to conveyances arriving from Canada, assuming similar Canadian conveyance volumes to the averages recorded for FYs 2003 through 2005. We estimate that vessel entities would be required to pay about $925,000 in user fees in FY 2006 and $938,000 in FY 2007; truck entities, about $14.6 million in FY 2006 and $14.8 million in FY 2007; and rail entities, about $6.2 million in FY 2006 and $6.5 million in FY 2007. Table 4.—Value of User Fees by Type of Conveyance Conveyance User fees (FY 2006) User fees (FY 2007) Estimated volumes (FY 2006)* Projected revenue (FY 2006) Projected revenue (FY 2007)** Maritime vessels $488.00 $490.00 1,895 $924,760 $937,836 Trucks 5.25 5.25 982,765 5,159,516 5,211,111 Trucks with decal 105/year 105/year 90,256 9,476,880 9,571,649 Rail car 7.50 7.75 827,793 6,208,448 6,479,550 Total fees 21,769,604 22,200,146 * Estimated volumes for FY 2006 are based on average FY 2003-FY 2005 border crossings. ** Projected revenues for FY 2007 are based on FY 2006 estimated volumes plus a slight increase in general trade volumes of 1 percent. Source: Figures derived from APHIS' Financial Management Division. Projected revenue from user fees for air passengers from Canada would total approximately $50.4 million in FY 2006 and $50.9 million in FY 2007, and the figures for commercial aircraft entities would be approximately $4.9 million in both of those years. Table 5 shows these revenues. Table 5.—Air Passengers and Aircraft User Fees Entity entering the United States from Canada User fees (FY 2006) User fees (FY 2007) Estimated volumes* (FY 2006) Projected revenue (FY 2006) Projected revenue (FY 2007)** Air passenger $5.00 $5.00 10,078,551 $50,392,755 $50,896,683 Aircraft 70.25 70.50 69,398 4,875,210 4,941,485 Total fees 55,267,965 55,838,168 *Estimated volumes from FY 2006 are based on average FY 2003-FY 2005 border crossings. **Projected revenues for FY 2007 are based on FY 2006 estimated volumes plus a slight increase in general trade volumes of 1 percent. Source: Figures derived from APHIS' Financial Management Division. Based upon our projected totals in tables 4 and 5, the total projected revenues for surface and air conveyances and airline passengers from Canada come to $77 million in FY 2006 and $78 million in FY 2007. Any amounts collected in excess of our actual expenditures would remain in a no-year account as a reserve until expended on AQI services in future years. Federal Government Costs We have estimated that to implement an AQI program for Canada, 136 full-time employees will need to be deployed along the U.S./Canada land border to inspect ground conveyances (passenger vehicles, trucks, and trains), 5 and 65 full-time employees will be required at 7 different Canadian airport locations to inspect air passengers and cargo. 6 CBP concurs with these estimates. It is likely that new hiring and implementation will be phased in over time. 5 Eastern Region Staffing Plan and Western Region Staffing Plan for Canadian Border, October 26, 2001. 6 PPQ pre-clearance AQI staffing report for 7 Canadian airport locations, April 9, 2003. (To be consistent with the eastern and western land border staffing reports, salaries and benefits are based on the 2006 general Federal pay rate for airport staff. The annual cost for 136 staff along the entire U.S.-Canadian border is expected to be about $22.45 million. The annual cost of the 65 pre-clearance airport staff will be approximately $46 million. The total direct cost to the Federal Government of providing inspection services associated with this rule, based on the estimated cost of 136 positions on the Canadian land border and the 65 airport pre-clearance positions, is $68.5 million. Indirect costs associated with the AQI program include support costs ( *e.g.* , expenses of maintaining regional and headquarters staff and offices, developing detection methods, preparing risk assessments, enforcing the regulations, and providing communications, budget, and accounting services); administrative costs of developing, collecting, and monitoring AQI user fees; and APHIS' share of the costs incurred by the U.S. Department of Agriculture
(USDA)in providing centralized services ( *e.g.* , telephone and mail service) to USDA agencies. The indirect costs associated with this rule are estimated at $6.3 million, as shown below in table 6. The total estimated annual costs associated with this rule, *i.e.* , the direct and indirect costs of conducting inspections and collecting user fees, are then $74.8 million, assuming full implementation of the program. Table 6.—Total Estimated Annual Costs of Inspections and User Fee Collections Under This Rule Direct costs $68,466,469 Indirect costs: Agency support (7.47 %) 5,114,445 Departmental charges (1.52 %) 1,040,690 Administrative costs (0.26 %) 178,013 Total indirect costs 6,333,148 Total costs 74,799,617 In addition to the estimated costs detailed above, we may incur costs for additional staff that may be required at both maritime ports and airports to inspect waterborne cargo and air cargo arriving from Canada. Since Canadian vessels and aircraft can use any U.S. maritime port or airport, it is not yet clear whether additional positions may be needed at these locations or, if so, how many. Along with the costs of hiring additional staff for maritime ports, airports, and the U.S./Canada land border, there will be other costs because the current infrastructure will need to be expanded to accommodate workers and inspection bays. At this time, we have not determined the cost of these staffing and infrastructure requirements. As we have discussed above, we anticipate that the costs of implementing and maintaining an AQI program at the U.S./Canada border will be fully recovered through the collection of AQI user fees. Alternatives One alternative to this rule would be to make no changes to the current regulations. However, as we have already discussed, data showing an increasing number of interceptions on the U.S./Canada border of prohibited material that originated in regions other than Canada indicate to us that increased pest exclusion efforts are needed at the U.S./Canada border to prevent the introduction of plant pests and animal diseases via unauthorized importations into the United States through Canada. Increasing our border inspection activities is also necessary to protect U.S. agriculture from bioterrorism. Removing the Canadian exemption from AQI user fees is necessary to recover the costs of our existing inspection activities and to implement an expanded inspection program. Another alternative to this rule would be to limit user fees to commercial vessels, commercial trucks, commercial railroad cars, and commercial aircraft, *i.e.* , to exclude international air passengers entering the United States from Canada. However, as we discussed earlier, data from our preclearance inspections at Canadian airports indicate that air passengers attempt to carry tropical and exotic fruits and vegetables, as well as prohibited animal products, from Canadian markets into the United States. We would not be able to prevent or control the movement of such regulated articles into the United States if we did not increase our passenger-inspection activities, along with our conveyance-inspection activities, at the U.S./Canada border and would not be recovering the costs of passenger inspections if we did not charge passengers AQI user fees. We are already unable to recover the costs of inspecting passengers crossing the border in private vehicles because collecting user fees from such passengers would not be cost effective and would be administratively complex. One other alternative would be to only charge AQI user fees for inspections of commercial conveyances transporting agricultural goods (table 7). We estimate that between 5 and 20 percent of commercial conveyances are moving agricultural goods. Table 7.—Value of User Fees by Type of Conveyance Assuming Only 5 to 20 Percent of Conveyances Would Be Charged a User Fee (FY 2006) Conveyance User fee Number of conveyances 5 percent 20 percent Maritime vessel $488.00 1,895 $46,238 $184,952 Truck 5.25 982,765 257,975 1,031,903 Truck with yearly decals 105.00 90,256 473,844 1,895,376 Rail car 7.50 827,793 310,422 1,241,690 Commercial aircraft 70.25 69,398 243,760 975,041 Total revenue 1,332,241 5,328,963 This option would eliminate the costs to commercial conveyances not transporting agricultural goods because those entities would not be required to pay a user fee. As we noted earlier, however, both the conveyances and packing material that they may be carrying are potential pest pathways that must be addressed. APHIS experts familiar with the Canadian border crossings have determined that all commercial conveyances need to be inspected. We also considered developing user fees specific to inspections of air passengers and commercial conveyances from Canada. We chose not to do so because it is important that user fees be consistent for all users. Developing user fees for air passengers and commercial conveyances from Canada that would differ from user fees for air passengers and commercial conveyances from other places could be confusing for the public and commercial carriers. Costs and Benefits This interim rule will impose costs on commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and air passengers entering the United States from Canada. While the costs these entities will have to pay in the form of user fees are readily apparent, other costs are not so clearly defined. For example, CBP inspectors will be required to inspect commercial trucks while maintaining a steady traffic flow. The possibility of border delays occurring as a result of this interim rule due to increased inspection activity was considered; however, APHIS and CBP do not foresee that happening, since CBP will have additional employees and resources to conduct inspections. The public is invited to comment on the issue of whether border delays may result because of AQI inspections and the potential cost of these delays for affected commercial transportation entities. While certain entities will incur costs as a result of this rule, the potential benefits of excluding pests and diseases that could be introduced through unauthorized imports from Canada may be enormous. As discussed previously, AQI inspectors along the U.S./Canada border have confiscated numerous prohibited fruits and other articles that can harbor pests and diseases. Interception of infested hosts helps to minimize the chances that the pests and diseases will become established in the United States and prevents the costs associated with eradicating them. This rule contains no information collection requirements (see “Paperwork Reduction Act” below). Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. 7 CFR Part 354 Exports, Government employees, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Travel and transportation expenses. Accordingly, we are amending 7 CFR parts 319 and 354 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. § 319.56-2 [Amended] 2. In § 319.56-2, paragraph
(c)is amended by adding the words “, except that they are subject to the inspection and other requirements in § 319.56-6” after the word “subpart”. PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES 3. The authority citation for part 354 continues to read as follows: Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3. 4. Section 354.3 is amended as follows: a. In paragraph (b)(2)(i), by removing the words “other than in Canada” both times they appear. b. In paragraph (b)(2)(iv), by adding the word “and” after the semicolon. c. In paragraph (b)(2)(v), by removing the word “; and” and adding a period in its place. d. By removing paragraph (b)(2)(vi). e. In paragraph (c)(1), by revising the first sentence to read as set forth below. f. By removing and reserving paragraph (c)(2). g. In the introductory text of paragraph (c)(3)(i), by removing the words “from Mexico”. h. By removing and reserving paragraph (d)(2)(i). i. In paragraph (d)(4)(i), by removing the words “from Mexico”. j. By removing and reserving paragraphs (e)(2)(i) and (f)(2)(i). k. In paragraph (f)(2)(v), by removing the words “other than Canada”. l. By revising paragraph (f)(3) to read as set forth below. § 354.3 User fees for certain international services.
(c)* * *
(1)The driver or other person in charge of a commercial truck that is entering the customs territory of the United States and that is subject to inspection under part 330 of this chapter or under 9 CFR, chapter I, subchapter D, must, upon arrival, proceed to Customs and pay an AQI user fee for each arrival, as shown in the following table: * * *
(f)* * *
(3)AQI user fees shall be collected under the following circumstances:
(i)When through tickets or travel documents are issued indicating travel to the customs territory of the United States that originates in any foreign country; and
(ii)When passengers arrive in the customs territory of the United States in transit from a foreign country and are inspected by APHIS or Customs. Done in Washington, DC, this 21st day of August 2006. Bruce Knight, Under Secretary for Marketing and Regulatory Programs. [FR Doc. E6-14128 Filed 8-24-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1207 [Doc. No. FV-05-702 FR] Amendments to the Potato Research and Promotion Plan AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, with correcting changes, an interim final rule to increase the assessment rate on handlers and importers of potatoes from 2 cents to 2.5 cents per hundredweight. The increase is authorized under the Potato Research and Promotion Plan (Plan). The Plan is authorized by the Potato Research and Promotion Act (Act). In order to sustain the three major programs currently conducted by the National Potato Promotion Board (Board), International Marketing, Domestic Marketing (which includes retail marketing), and a nutrition campaign at their present levels beyond June 2006, additional revenue is required. DATES: This rule is effective September 25, 2006. FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., Stop 0244, Washington, DC 20250-0244; telephone
(202)720-5976 or fax
(202)205-2800. SUPPLEMENTARY INFORMATION: This rule is issued under the Potato Research and Promotion Plan
(Plan)[7 CFR Part 1207], as amended. This rule will increase the assessment rate by 1/2 cent for handlers and importers. The Plan is authorized by the Potato Research and Promotion Act
(Act)[7 U.S.C. 2611-2627]. Executive Order 12988 This rule has been reviewed under the Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any state or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under the Act, a person subject to the plan may file a petition with the Secretary of Agriculture (Secretary) stating that such plan, any provision of such plan, or any obligation imposed in connection with such plan is not in accordance with law; and requesting a modification of the plan or an exemption from the plan. Such person is afforded the opportunity for a hearing on the petition. After the hearing, the Secretary will rule on the petition. The Act provides that the district court of the United States in any district in which such person is an inhabitant, or has principal place of business, has jurisdiction to review the Secretary's ruling on the petition, provided that a complaint is filed within 20 days after the date of entry of the ruling. Executive Order 12866 The Office of Management and Budget
(OMB)has waived the review process required by Executive Order 12866 for this action. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act
(RFA)[5 U.S.C. 601 *et seq.* ], the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this rule will not have a significant economic impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to scale of businesses subject to such action so that small businesses will not be disproportionately burdened. There are approximately 1,353 handlers, 5,223 producers, and 300 importers of potatoes and potato products who are subject to the provisions of the Plan. The Small Business Administration
(SBA)defines small agricultural businesses, which includes handlers and importers, as those whose annual receipts are less than $6.5 million, and small agricultural producers are defined as those having annual receipts of no more than $750,000 annually. Most of the producers and handlers, and some of the importers would be classified as small businesses under the criteria established by the SBA 13 CFR 121.201]. Currently, potato handlers and importers pay a mandatory assessment of 2 cents per hundredweight. Assessments under the program are used to fund promotional campaigns and to conduct research in the areas of U.S. marketing, and international marketing and to enable the Board to exercise its duties in accordance with the Plan. The 2 cents assessment generates about $8.5 million in annual revenues. The current assessment became effective when the Plan was amended in May 1984, to increase the maximum assessment rate from 1 cent per hundredweight to 0.5 percent of the previous 10-year average price received by growers. The Plan is administered by the National Potato Promotion Board (Board) under USDA supervision. In order to sustain the three major programs currently conducted by the Board, International Marketing, Domestic Marketing (which includes retail marketing), and a nutrition campaign at their present levels beyond June 2006, additional revenue is required. The Board approved this increase in the assessment rate at its March 19, 2005, annual meeting. This increase is consistent with section 1207.342(a) of the Plan, which provides such assessments shall be levied at a rate fixed by the Secretary which shall not exceed one-half of one per centum of the immediate past ten calendar years United States average price received for potatoes by growers as reported by the Department of Agriculture. Further, not more than one such assessment may be collected on any potatoes. The 1/2 cent assessment rate increase will bring in an estimated $1.5 to $2 million in new revenue, depending upon production levels. For 2005, domestic production was 420,879,000 hundredweight and imports represented 59,683,000 hundredweight. The new rate would allow the Board to maintain its investment in the nutrition campaign and marketing programs. It is estimated that the Board would collect approximately $10 million in assessments with a 2.5 cent per hundredweight assessment rate. Any additional costs should be offset by the benefits to be derived from the research and promotion programs. The Board has determined that the 1/2 cent increase in assessments would cost potato growers less than one-half of one percent (0.005%) of total production costs or approximately $1.75 per acre based on average yields. Alternatives were also considered by the Board, which included cutting back funding of marketing programs and the nutrition campaign, or eliminating the nutrition campaign altogether. All of the alternatives were rejected by the Board because it was determined that continued funding of the marketing programs and the nutrition campaign were necessary to increase the demand for potatoes. There are no relevant Federal rules that duplicate, overlap, or conflict with this rule. In accordance with the OMB regulation [5 CFR Part 1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection and recordkeeping requirements that are imposed by the Plan have been previously approved under OMB control number 0581-0093. This rule does not result in a change to the information collection and recordkeeping requirements. Background The Plan became effective on March 9, 1972, after a national referendum among producers. Under the Plan, handlers and importers are assessed 2 cents per hundredweight. No assessment shall be levied on potatoes grown in the 50 States of the United States by producers of less than 5 acres of potatoes. Importers pay assessments on all tablestock potatoes imported for ultimate human consumption and on all imported seed potatoes. The program currently generates about $8.5 million in annual revenues, which is administered by the Board under USDA supervision. The Board administers a national program of research development, advertising, and promotion designed to strengthen potatoes' competitive position and to maintain and expand domestic and foreign markets for potatoes and potato products. In order to sustain the three major programs being conducted by the Board, International Marketing, Domestic Marketing (which includes retail marketing), and a nutrition campaign at their present levels beyond June 2006, additional revenue to the Board is required. The 1/2 cent assessment rate increase will bring in an estimated $1.5 to $2 million in new revenue, depending upon production levels. For 2005, domestic production was 420,879,000 hundredweight and imports represented 59,683,000 hundredweight. The new rate would allow the Board to maintain its investment in the nutrition campaign and marketing programs. It is estimated that the Board would collect approximately $10 million in assessments with a 2.5 cents per hundredweight assessment rate. Any additional cost should be offset by the benefits to be derived from research and promotion programs. The Board, whose members represent all potato producing states as well as importers, voted to increase the assessment rate at its March 19, 2005, annual meeting. Eighty-eight percent of the Board voted to increase the assessment rate. The majority of those that opposed the increase in assessment rate had a number of reasons, including a view that a State program is preferable over a national program and concern about the impact on growers. This action will amend the rules and regulations issued under the Plan. The rate increase from 2 cents to 2.5 cents per hundredweight is within the formula allowed by section 1207.342
(a)of the Plan, which states the funds to cover the Board's expenses shall be acquired by the levying of assessments upon handler and importers as designated in regulations recommended by the Board and issued by the Secretary. Such assessments shall be levied at a rate fixed by the Secretary which shall not exceed one-half of one per centum of the immediate past ten calendar years United States average price received for potatoes by growers as reported by the Department of Agriculture. Further, not more than one such assessment may be collected on any potatoes. The average price was determined to be $5.88 using the years 1994-2003 and one-half of one per centum is 2.94 cents. An interim final rule concerning this action was published in the **Federal Register** on March 8, 2006. Copies of the rule were made available through the Internet by USDA and the Office of the Federal Register. That rule provided a 60-day comment period which ended May 8, 2006. Eight comments were received. Six favorable comments were received. The commenters' support the rule for an assessment increase to sustain the Board's three major program areas—International Marketing, Domestic Marketing (which includes retail marketing), and a nutrition campaign. The commenters' supported the implementation of the interim final rule as it was presented. One unfavorable comment was received. The commenter recommends a reduction in spending and not to increase the assessment rate. The commenter indicated opposition to any increase in bureaucratic costs; however, the Board is industry-funded and no taxpayers' dollars are expended on this program. Finally, one comment received did not address the assessment issue. After consideration of all relevant material presented including comments, the Board's recommendation, and other information, the interim final rule, as published in the **Federal Register** (71 FR 11294) on March 8, 2006, is adopted as a final rule, with changes. In this final rule, two corrections are made to the harmonized tariff schedule codes in § 1207.510(b)(3) of the table and the authority citation also is corrected. List of Subjects in 7 CFR Part 1207 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Potatoes, Promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1207 is amended as follows: 1. The authority citation for part 1207 continues to read as follows: Authority: 7 U.S.C. 2611-2627 and 7 U.S.C. 7401. PART 1207—POTATO RESEARCH AND PROMOTION PLAN 2. In § 1207.510, paragraphs (a)(1), (b)(1) and the table immediately following paragraph (b)(3) are revised to read as follows: § 1207.510 Levy of assessments.
(a)* * *
(1)An assessment rate of 2.5 cents per hundredweight shall be levied on all potatoes produced within the 50 States of the United States.
(b)* * *
(1)An assessment rate of 2.5 cents per hundredweight shall be levied on all tablestock potatoes imported into the United States for ultimate consumption by humans and all seed potatoes imported into the United States. An assessment rate of 2.5 cents per hundredweight shall be levied on the fresh weight equivalents of imported frozen or processed potatoes for ultimate consumption by humans. The importer of imported tablestock potatoes, potato products, or seed potatoes shall pay the assessment to the Board through the U.S. Customs Service and Border Protection at the time of entry or withdrawal for consumption of such potatoes and potato products into the United States.
(3)* * * Tablestock potatoes, frozen or processed potatoes, and seed potatoes Assessment cents/cwt cents/kg 0701.10.0020 2.50 0.0551 0701.10.0040 2.50 0.0551 0701.90.1000 2.50 0.0551 0701.90.5010 2.50 0.0551 0701.90.5020 2.50 0.0551 0701.90.5030 2.50 0.0551 0701.90.5040 2.50 0.0551 0710.10.0000 5.00 0.1103 2004.10.4000 5.00 0.1103 2004.10.8020 5.00 0.1103 2004.10.8040 5.00 0.1103 2005.20.0070 3.93 0.0866 0712.90.3000 17.86 0.3936 1105.10.0000 17.86 0.3936 1105.20.0000 17.86 0.3936 2005.20.0040 17.86 0.3936 2005.20.0020 10.20 0.2250 1108.13.0010 22.50 0.4961 Dated: August 21, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-14108 Filed 8-24-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24979; Directorate Identifier 2006-NM-014-AD; Amendment 39-14738; AD 2006-17-17] RIN 2120-AA64 Airworthiness Directives; Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 series airplanes. This AD requires inspecting the left and right control column torque tube assemblies to determine the type of rivets installed and replacing incorrect or indeterminate type rivets with the correct type rivets. This AD results from a report that incorrect rivets having lower than required strength were installed on the control column torque tube during production. We are issuing this AD to prevent shear failure of control column torque tube rivets, which could cause unexpected decoupling of the elevators and large unwanted deflection of the free elevator, and consequent reduced controllability of the airplane. DATES: This AD becomes effective September 29, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 29, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Richard Beckwith, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone
(516)228-7302; fax
(516)794-5531. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model DHC-8-100, DHC-8-200, DHC-8-300, and DHC-8-400 series airplanes. That NPRM was published in the **Federal Register** on June 8, 2006 (71 FR 33270). That NPRM proposed to require inspecting the left and right control column torque tube assemblies to determine the type of rivets installed and replacing incorrect or indeterminate type rivets with the correct type rivets. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection for rivet type 1 $80 $0 $80 162 $12,960. Rivet replacement, if necessary 16 80 50 1,330 162 A maximum of $215,460. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-17-17 Bombardier, INC. (Formerly de Havilland, Inc.):** Amendment 39-14738. Docket No. FAA-2006-24979; Directorate Identifier 2006-NM-014-AD. Effective Date
(a)This AD becomes effective September 29, 2006. Affected ADs
(b)None. Applicability
(c)This AD applies to the Bombardier airplanes identified in Table 1 of this AD, certified in any category. Table 1.—Applicability Bombardier airplane model— Affected serial numbers (S/Ns)—
(1)DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, DHC-8-314, and DHC-8-315 airplanes 528 through 602 inclusive, and 606.
(2)DHC-8-400, DHC-8-401, and DHC-8-402 airplanes 4003, 4004, 4006, 4008 through 4080 inclusive, and 4082. Unsafe Condition
(d)This AD results from a report that incorrect rivets having lower than required strength were installed on the control column torque tube during production. We are issuing this AD to prevent shear failure of rivets in the control column torque tube, which could cause unexpected decoupling of the elevators and large unwanted deflection of the free elevator, and consequent reduced controllability of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection and Replacement of Incorrect Rivets
(f)At the applicable times specified in Table 2 of this AD: Do the applicable actions in accordance with the applicable service bulletin identified in Table 2 of this AD. If all rivets identified during the inspection specified in paragraph (f)(1)(i) or (f)(2)(i) of this AD, as applicable, are of the correct type (DD or DN rivets), no further action is required by this AD. Note 1: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” Table 2.—Inspection and Replacement of Incorrect Rivets Model— Compliance time— Action— In accordance with—
(1)Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, DHC-8-314, and DHC-8-315 airplanes
(i)Within 5,500 flight hours after the effective date of this AD Do a general visual inspection of the left and right control column torque tube assemblies to determine the types of rivets installed Part A of the Accomplishment Instructions of Bombardier Service Bulletin 8-27-104, dated October 26, 2004.
(ii)Before further flight Replace any rivet of an incorrect type (AD rivets) or of a type that cannot be determined with correct type rivets (DD or DN rivets) Part B of the Accomplishment Instructions of Bombardier Service Bulletin 8-27-104, dated October 26, 2004.
(2)Model DHC-8-400, DHC-8-401, and DHC-8-402 airplanes
(i)Within 5,500 flight hours after the effective date of the AD Do a general visual inspection of the left and right control column torque tube assemblies to determine the type of rivets installed Part A of the Accomplishment Instructions of Bombardier Service Bulletin 84-27-24, Revision ‘A,’ dated September 28, 2005.
(ii)Before further flight Replace any rivet of an incorrect type (AD rivets) or of a type that cannot be determined with correct type rivets (DD or DN rivets) Part B of the Accomplishment Instructions of Bombardier Service Bulletin 84-27-24, Revision ‘A,’ dated September 28, 2005. Actions Accomplished According to Previous Issue of Service Bulletin
(g)For Model DHC-8-400, DHC-8-401, and DHC-8-402 airplanes: Inspections and rivet replacements done before the effective date of this AD in accordance with Bombardier Service Bulletin 84-27-24, dated September 20, 2004, are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(i)Canadian airworthiness directive CF-2005-39, dated November 21, 2005, also addresses the subject of this AD. Material Incorporated by Reference
(j)You must use Bombardier Service Bulletin 8-27-104, dated October 26, 2004; or Bombardier Service Bulletin 84-27-24, Revision ‘A,’ dated September 28, 2005; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the **Federal Register** approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* Issued in Renton, Washington, on August 16, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13966 Filed 8-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24959; Directorate Identifier 2005-NM-258-AD; Amendment 39-14737; AD 2006-17-16] RIN 2120-AA64 Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires a one-time detailed inspection to detect corrosion on the wing rear spar lower girder, and related investigative and applicable corrective actions if necessary. This AD results from reports of corrosion of the wing rear spar lower girder between wing station
(STA)8700 and wing STA 9200. We are issuing this AD to detect and correct corrosion of the wing rear spar lower girder, which could result in reduced structural integrity of the wing rear spar. DATES: This AD becomes effective September 29, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 29, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, WA 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Fokker Model F.28 Mark 0070 and 0100 airplanes. That NPRM was published in the **Federal Register** on June 8, 2006 (71 FR 33260). That NPRM proposed to require a one-time detailed inspection to detect corrosion on the wing rear spar lower girder, and related investigative and applicable corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Interim Action This AD is considered to be interim action. The inspection reports required by this AD will enable the manufacturer to obtain better insight into the nature, cause, and extent of the corrosion, and eventually to develop final action to address the unsafe condition. Once final action has been identified, we may consider further rulemaking. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection of wing rear spar lower girder 2 $80 $0 $160 44 $7,040 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-17-16 Fokker Services B.V.:** Amendment 39-14737. Docket No. FAA-2006-24959; Directorate Identifier 2005-NM-258-AD. Effective Date
(a)This AD becomes effective September 29, 2006. Affected ADs
(b)None. Applicability
(c)This AD applies to all Fokker Model F.28 Mark 0070 and 0100 airplanes, certificated in any category. Unsafe Condition
(d)This AD results from reports of corrosion of the wing rear spar lower girder between wing station
(STA)8700 and wing STA 9200. We are issuing this AD to detect and correct corrosion of the wing rear spar lower girder, which could result in reduced structural integrity of the wing rear spar. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Wing Rear Spar Lower Girder Inspection/Related Investigative/Corrective Actions
(f)Within 4,000 flight hours or 21 months after the effective date of this AD, whichever occurs first: Do a detailed inspection to detect corrosion on the wing rear spar lower girder between wing STA 8700 and wing STA 9200, and do all related investigative and applicable corrective actions, by accomplishing all the actions specified in the Accomplishment Instructions of Fokker Service Bulletin SBF100-57-038, dated April 15, 2005, except as provided by paragraphs
(g)and
(h)of this AD. Do all related investigative and corrective actions before further flight. If any damage is found that measures more than or equal to 1.3 millimeters
(mm)deep, or if the thickness of the remaining material of the rear spar lower girder is less than or equal to 2.1 mm thick, repair in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA)(or its delegated agent). Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.”
(g)If, during the accomplishment of the corrective actions required by paragraph
(f)of this AD, the service bulletin specifies contacting the manufacturer for certain repair instructions: Before further flight, repair in accordance with a method approved by the Manager, International Branch, ANM-116; or the EASA (or its delegated agent). Reporting Inspection and Damage Results
(h)Submit a report of the findings (both positive and negative) of the inspection required by paragraph
(f)of this AD to Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands; fax +31 252 627211; e-mail *Technicalservices.FokkerServices@stork.com;* at the applicable time specified in paragraph (h)(1) or (h)(2) of this AD. Use the reporting forms in Figures 3 and 4 of Fokker Service Bulletin SBF100-57-038, dated April 15, 2005. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements contained in this AD and has assigned OMB Control Number 2120-0056.
(1)If the inspection was done after the effective date of this AD: Submit the report within 30 days after the inspection.
(2)If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(j)Dutch airworthiness directive NL-2005-006, dated April 29, 2005, also addresses the subject of this AD. Material Incorporated by Reference
(k)You must use Fokker Service Bulletin SBF100-57-038, dated April 15, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the **Federal Register** approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to * http://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_locations.html. * Issued in Renton, Washington, on August 16, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13969 Filed 8-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24999; Directorate Identifier 2006-NM-060-AD; Amendment 39-14736; AD 2006-17-15] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model DC-10-10 and DC-10-10F Airplanes; and Model MD-10-10F Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain McDonnell Douglas Model DC-10-10 and DC-10-10F airplanes; and Model MD-10-10F airplanes. This AD requires replacing the clamp bases for the fuel vent pipe with improved clamp bases. This AD results from reports that the foil wrapping on existing plastic clamp bases has migrated out of position, which compromises the bonding of the fuel vent pipes to the airplane structure. We are issuing this AD to ensure that the fuel vent pipes are properly bonded to the airplane structure. Improper bonding could prevent electrical energy from a lightning strike from dissipating to the airplane structure, and create an ignition source, which could result in a fuel tank explosion. DATES: This AD becomes effective September 29, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 29, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562)627-5254; fax
(562)627-5210. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas Model DC-10-10 and DC-10-10F airplanes; and Model MD-10-10F airplanes. That NPRM was published in the **Federal Register** on June 12, 2006 (71 FR 33663). That NPRM proposed to require replacing the clamp bases for the fuel vent pipe with improved clamp bases. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 12 airplanes of the affected design in the worldwide fleet. This AD will affect about 12 airplanes of U.S. registry. The required actions will take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Required parts will cost about $502 per airplane. Based on these figures, the estimated cost of this AD for U.S. operators is $7,944, or $662 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-17-15 McDonnell Douglas:** Amendment 39-14736. Docket No. FAA-2006-24999; Directorate Identifier 2006-NM-060-AD. Effective Date
(a)This AD becomes effective September 29, 2006. Affected ADs
(b)None. Applicability
(c)This AD applies to McDonnell Douglas Model DC-10-10 and DC-10-10F airplanes; and Model MD-10-10F airplanes, certificated in any category; as identified in Boeing Service Bulletin DC10-28-243, dated February 22, 2005. Unsafe Condition
(d)This AD results from reports that the foil wrapping on existing plastic clamp bases has migrated out of position, which compromises the bonding of the fuel vent pipes to the airplane structure. We are issuing this AD to ensure that the fuel vent pipes are properly bonded to the airplane structure. Improper bonding could prevent electrical energy from a lightning strike from dissipating to the airplane structure, and create an ignition source, which could result in a fuel tank explosion. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Clamp Base Replacement
(f)Within 60 months after the effective date of this AD: Replace the existing plastic clamp bases for the fuel vent pipe with improved metal clamp bases, by doing all of the applicable actions as specified in the Accomplishment Instructions of Boeing Service Bulletin DC10-28-243, dated February 22, 2005. All corrective actions that are required following the conductivity verification, which is included in the replacement procedures, must be done before further flight. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference
(h)You must use Boeing Service Bulletin DC10-28-243, dated February 22, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on August 16, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13985 Filed 8-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30509; Amdt. No. 3181] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective August 25, 2006. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the **Federal Register** as of August 25, 2006. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Ave., SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which affected airport is located; or 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . *For Purchase* —Individual SIAP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription—* Copies of all SIAPs, mailed once every 2 weeks, are for sale by the Superintendent of Documents, US Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donal P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) amends Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), which is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of the Code of Federal Regulations. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SAIP as modified as FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these chart changes to SIAPs, the TERPS criteria were applied to only these specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Further, the SIAPs contained in this amendment are based on the criteria contained in TERPS. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on August 11, 2006. James. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, 14 CFR part 97, is amended by amending Standard Instrument Approach Procedures, effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended] By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows: * * * Effective Upon Publication FDC date State City Airport FDC No. Subject 08/03/03 MO St Louis Lambert-St Louis Intl 6/5154 ILS OR LOC Rwy 29, Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5157 ILS PRM Rwy 29 Simultaneous Close Parallel) Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5161 ILS Rwy 30R (CAT III), Amdt 9. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5162 ILS PRM Rwy 30R (Simultaneous Close Parallel), Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5163 ILS PRM Rwy 30R (CAT III) (Simultaneous Close Parallel), Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5164 ILS OR LOC Rwy 30R, Amdt 9. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5165 RNAV
(GPS)Rwy 30R, Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5166 ILS PRM Rwy 30R (CAT II) (Simultaneous Close Parallel), Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5167 LDA PRM Rwy 30L (Simultaneous Close Parallel), Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5168 LDA/DME Rwy 30L, Amdt 1. 08/03/03 MO St Louis Lambert-St Louis Intl 6/5169 ILS Rwy 30R, (CAT II), Amdt 9. 05/10/06 ME Augusta Augusta State 6/7012 ILS Rwy 17, Amdt 2C. 08/01/06 NH Keene Dillant-Hopkins 6/4653 VOR Rwy 2, Amdt 12C. 08/01/06 MA Orange Orange Muni 6/4654 GPS Rwy 32, Orig-D. 08/02/06 GA Atlanta Hartsfield Jackson Atlanta Intl 6/4815 ILS OR LOC Rwy 9R, ILS Rwy 9R (CAT II), ILS Rwy 9R (CAT III), Amdt 17A. 08/02/06 NH Rochester Skyhaven 6/4816 NDB OR GPS-B Amdt 1B. 08/02/06 WA Pullman/Moscos Pullman/Moscow Regional 6/4822 RNAV
(GPS)Rwy 23, Orig. 08/03/06 NJ Wildwood Cape May County 6/4914 LOC Rwy 19, Amdt 6. 08/03/06 NJ Wildwood Cape May County 6/4916 VOR-A, Amdt 3. 08/03/06 CA Long Beach Long Beach/Daugherty Field 6/4967 RNAV
(RNP)Y Rwy 30, Orig. 08/03/06 AZ Tucson Ryan Field 6/5012 ILS Rwy 6R, Amdt 5A. 08/03/06 AL Muscle Shoals Northwest Alabama Regional 6/5153 RNAV
(GPS)Rwy 36, Orig. 08/04/06 FL Destin Destin-Fort Walton Beach 6/5225 NDB Rwy 32, Amdt 1. 08/04/06 FL Destin Destin-Fort Walton Beach 6/5226 RNAV
(GPS)Rwy 32, Orig-A. 08/04/06 FL Destin Destin-Fort Walton Beach 6/5227 RNAV
(GPS)Rwy 14, Orig-B. 08/07/06 NY New York John F. Kennedy Intl 6/5449 VOR Rwy 4L, Orig. 08/08/06 OR Redmond Roberts Field 6/5636 NDB OR GPS (Rwy 22, Amdt 1). 08/08/06 CA San Francisco San Francisco Intl 6/5618 ILS Rwy 19L, Amdt 19A. [FR Doc. 06-7129 Filed 8-24-06; 8:45 am]
Connectionstraces to 26
Traces to 26 documents
19 references not yet in our index
  • Pub. L. 99-335
  • 5 USC 810(a)(1)(A)
  • 5 USC 814(2)
  • 5 CFR 1630
  • 5 CFR 1651
  • 5 CFR 1653
  • 5 CFR 1690
  • 7 CFR 319
  • 7 CFR 354
  • Pub. L. 104-127
  • 7 CFR 354.3(d)(2)
  • 7 CFR 2.22
  • 7 USC 7701-7772
  • 7 CFR 1207
  • 7 USC 2611-2627
  • 5 CFR 1320
  • 14 CFR 39
  • 1 CFR 51
  • 14 CFR 97
Citation graph
cites case law
Unknown
Final Rule
Stat.Public Law 99–334
U.S.C.§ 8351
U.S.C.§ 401
U.S.C.§ 602
U.S.C.§ 552a
U.S.C.§ 8424
U.S.C.§ 8435
U.S.C.§ 8474
U.S.C.§ 136a
Pub. L.Pub. L. 99-335
Cite5 USC 810(a)(1)(A)
Cite5 USC 814(2)
Cites 45 · showing 12Cited by 0 across 0 sources
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