Unknown. Final rule

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

--- schema: federal-register doc_type: fedreg source_file: FR-2006-09-06.xml --- 71 172 Wednesday, September 6, 2006 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Northeast et al., 52502 06-7476 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 52580-52581 E6-14675 E6-14676 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Community Community Development Financial Institutions Fund NOTICES Grants and cooperative agreements; availability, etc.:

Community Development Financial Institutions Fund, 52620-52621 06-7474 Defense Defense Department NOTICES Meetings: Historical Advisory Committee, 52536 06-7445 Science Board task forces, 52535-52536 06-7444 Threat Reduction Advisory Committee, 52536 06-7443 Drug Drug Enforcement Administration PROPOSED RULES Schedules of controlled substances: Schedule II controlled substances; multiple prescriptions, 52724-52726 E6-14520 NOTICES Reports and guidance documents; availability, etc.:

Dispensing of Controlled Substances for Treatment of Pain; policy statement, 52716-52723 E6-14517 Education Education Department NOTICES Meetings: Education Sciences National Board, 52536-52537 06-7449 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Admiral Foundry, 52582 E6-14730 Ericsson, Inc., et al., 52582-52584 E6-14728 Toshiba et al., 52584-52585 E6-14729 York Group Metal Casket Assembly, 52584 E6-14725 Energy Energy Department See Energy Information Administration Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 52537 E6-14701 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Illinois, 52464-52467 E6-14543 Kentucky, 52460-52464 06-7415 Michigan, 52467-52483 E6-14708 Texas, 52656-52708 06-7409 06-7410 06-7413 06-7414 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Paraquat dichloride, 52487-52494 E6-14642 Propoxycarbazone, 52483-52487 E6-14641 Toxic substances: Chemical inventory update reporting; electronic reporting, 52494-52498 E6-14716 PROPOSED RULES Air pollutants, hazardous; national emission standards: Hazardous waste combustors, 52624-52653 06-7251 Air quality implementation plans; approval and promulgation; various States:

Illinois, 52504 E6-14544 NOTICES Confidential business information and data transfer, 52537-52538 E6-14717 Meetings: Environmental Policy and Technology National Advisory Council, 52538 E6-14709 Pesticide registration, cancellation, etc.: Bedoukian Research, Inc., et al., 52538-52539 E6-14640 ShakeAway Deer Repellent Granules, 52539-52541 E6-14718 Water supply: Sole source aquifer designations— Troutdale Aquifer System, Clark County, WA, 52541-52544 E6-14710 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 52410-52412, 52421-52423 E6-14623 E6-14624 BAE Systems (Operations) Ltd., 52418-52421 E6-14631 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 52415-52418 E6-14637 E6-14687 Goodyear Aviation Tires, 52423-52426 E6-14636 McDonnell Douglas, 52413-52415 E6-14627 Airworthiness standards: Special conditions— AmSafe, Inc. inflatable safety belt, 52407-52410 E6-14750 Class D airspace, 52426 06-7458 Class E airspace, 52426 06-7457 Investigative and enforcement procedures: Civil monetary penalties inflation adjustment Correction, 52406-52407 06-7357 PROPOSED RULES VOR Federal airways, 52502-52504 E6-14744 NOTICES Aeronautical land-use assurance; waivers:

Blair Municipal Airport, NE, 52602-52603 06-7459 Manchester-Boston Regional Airport, NH, 52601-52602 06-7461 Airports: Airport Advisory Service, 52602 06-7456 Environmental statements; availability, etc.: Blue Origin, LLC, commercial launch site, TX, 52603-52608 E6-14741 Environmental statements; notice of intent: West Bend Municipal Airport, WI, 52608-52609 06-7460 Exemption petitions; summary and disposition, 52609-52610 E6-14734 E6-14735 Reports and guidance documents; availability, etc.:

Aircraft Certification Service; advisory circulars, policy documents, and technical standard orders, 52601 06-7462 FCC Federal Communications Commission NOTICES Meetings; 2007 World Radiocommunication Conference Advisory Committee, 52544 06-7392 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Texas, 52558-52559 E6-14665 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 52544 E6-14740 Ocean transportation intermediary licenses:

Air Trans Logistics

(USA)Inc. et al., 52544-52545 E6-14720 Rathbourne Express Inc. et al., 52545 E6-14721 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 52545 E6-14692 Federal Transit Federal Transit Administration NOTICES Reports and guidance documents; availability, etc.: Elderly Individuals and Individuals with Disabilities, Job Access and Reverse Commute, and New Freedom Programs; coordinated planning guidance and circulars, 52610-52619 E6-14733 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Spring Creek bladderpod, 52567-52568 E6-14689 Endangered and threatened species and marine mammal permit determinations, etc., 52566-52567 E6-14682 E6-14684 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Amprolium, 52429-52430 E6-14673 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52547-52548 E6-14671 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations: Terrorism-related blocked persons; additional designations, 52621 E6-14703 Forest Forest Service NOTICES Grants and cooperative agreements; availability, etc.: Woody Biomass Utilization Program, 52523-52525 E6-14707 GSA General Services Administration RULES Federal Management Regulation: Real property policies; update, 52498-52499 E6-14727 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Soybeans; U.S. standards, 52403-52406 E6-14719 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 52545-52546 E6-14667 Meetings: American Health Information Community Biosurveillance Workgroup, 52546 06-7452 American Health Information Community Chronic Care Workgroup, 52547 06-7455 American Health Information Community Electronic Health Records Workgroup, 52546 06-7454 American Health Information Community Quality Workgroup, 52546 06-7453 Health Health Resources and Services Administration NOTICES Meetings: Interdisciplinary, Community-Based Linkages Advisory Committee, 52548 E6-14747 National Health Service Corps National Advisory Council, 52548 E6-14752 Organization, functions, and authority delegations: Office of the Administrator and HIV/AIDS Bureau; correction, 52548 E6-14748 Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 52552-52553 E6-14702 Grants and cooperative agreements; availability, etc.: Firefighters Assistance Program, 52553-52558 E6-14759 Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards: Fair Housing Initiatives Program (2001 FY), 52559-52563 E6-14663 Fair Housing Initiatives Program (2002 FY), 52563-52566 E6-14664 Public and Indian housing: Public Housing Operating Fund Program— Asset management; implementation guidance, 52710-52713 06-7475 Indian Indian Affairs Bureau NOTICES Environmental statements; availability, etc.: Spokane Indian Reservation, WA; integrated resource management plan, 52568-52569 E6-14686 Industry Industry and Security Bureau RULES Export administration regulations: Mayrow General Trading and related entities; general order Additional entities, 52426-52428 E6-14738 Missile Technology Control Regime Annex; Plenary Agreements Correction, 52428-52429 E6-14739 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Income taxes: Nonaccrual-experience method of accounting; use limitation, 52430-52444 06-7446 Procedure and administration: Collection after assessment, 52444-52446 E6-14610 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52621-52622 E6-14674 International International Trade Administration NOTICES Antidumping: Granular polytetrafluoroethylene resin from— Japan, 52525-52526 E6-14726 Honey from— Argentina, 52526-52527 E6-14723 E6-14724 Grants and cooperative agreements; availability, etc.: International Buyer Program; domestic trade shows support, 52527-52529 E6-14652 International International Trade Commission NOTICES Import investigations: Hydraulic excavators and components, 52577-52578 E6-14714 Inkjet ink supplies and components, 52576-52577 E6-14711 Peripheral devices and components and products containing same, 52578-52579 E6-14715 Products and pharmaceutical compositions containing recombinant human erythropoietin, 52579 E6-14743 Wireless communication devices, components, and products containing same, 52579-52580 E6-14742 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office Justice Justice Programs Office RULES Crime victim services: International Terrorism Victim Expense Reimbursement Program, 52446-52455 E6-14678 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Closure of public lands: Nevada, 52569-52570 E6-14668 Coal leases, exploration licenses, etc.: Wyoming; correction, 52570-52571 06-7430 Environmental statements; notice of intent: Hiawatha Regional Energy Development Project, CO and WY, 52571-52572 E6-14670 Resource management plans, etc.: Malta Field Office, MT, 52572-52573 E6-14669 Withdrawal and reservation of lands: Arizona, 52574 E6-14672 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Alaska Region Outer Continental Shelf— Oil and gas lease sales, 52574-52575 E6-14745 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.: Native American Business Enterprise Center, 52529-52534 E6-14758 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 52549 E6-14680 Inventions, Government-owned; availability for licensing, 52549-52551 06-7439 Meetings: National Center for Complementary and Alternative Medicine, 52551 06-7436 National Institute of Diabetes and Digestive and Kidney Diseases, 52551-52552 06-7435 National Institute of Mental Health, 52551 06-7434 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 52501 06-7447 Pollock, 52500-52501 06-7425 06-7428 Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 52499-52500 06-7427 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic herring, 52521-52522 E6-14662 Tilefish, 52519-52521 E6-14712 NOTICES Meetings: Western Pacific Fishery Management Council, 52534-52535 E6-14679 Scientific research permit applications, determinations, etc., 52534-52535 E6-14661 E6-14713 National Park National Park Service NOTICES Environmental statements; notice of intent: Cuyahoga Valley National Park, OH; white-tailed deer management plan, 52575-52576 06-7441 National Science National Science Foundation NOTICES Environmental statements; notice of intent: Haleakala High Altitude Observatory Site, Maui, HI; Advanced Technology Solar Telescope Project, 52585-52586 06-7429 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Western Nuclear, Inc., 52589-52590 E6-14706 Meetings; Sunshine Act, 52590 06-7479 Organization, functions, and authority delegations: Entergy Nuclear Operations, Inc., 52590-52591 E6-14700 *Applications, hearings, determinations, etc.:* Texas A&M University, 52586-52587 E6-14824 University of Florida, 52587-52589 E6-14825 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline safety: Unusually sensitive areas; protection from rural onshore hazardous liquid gathering lines and low-stress lines, 52504-52519 06-7438 Postal Postal Service NOTICES Meetings; Sunshine Acts, 52591 06-7477 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: Disaster Assistance Coordination Task Force; establishment (EO 13411), 52727-52731 06-7492 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 52591-52592 E6-14697 Investment Company Act of 1940: AdvisorOne Funds et al., 52592-52593 E6-14696 Principal Life Insurance Co. et al, 52593-52598 E6-14699 Self-regulatory organizations; proposed rule changes: Philadelphia Stock Exchange, Inc., 52598-52600 E6-14698 State State Department NOTICES Meetings: Transformational Diplomacy Advisory Committee, 52600 E6-14722 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Wyoming & Colorado Railroad Co., Inc., 52619-52620 E6-14635 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed; weekly receipts, 52600-52601 E6-14705 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 52601 E6-14704 Treasury Treasury Department See Community Development Financial Institutions Fund See Foreign Assets Control Office See Internal Revenue Service Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc.: Benefits claims; reconsideration based on service records discovered after initial claim decision, 52455-52457 E6-14746 Disabilities rating schedule: Respirator and cardiovascular conditions; evaluation of hypertension with heart disease, 52457-52460 E6-14732 Separate Parts In This Issue Part II Environmental Protection Agency, 52624-52653 06-7251 Part III Environmental Protection Agency, 52656-52708 06-7409 06-7410 06-7414 Part IV Housing and Urban Development Department, 52710-52713 06-7475 Part V Justice Department, Drug Enforcement Administration, 52716-52726 E6-14517 E6-14520 Part VI Executive Office of the President, Presidential Documents, 52727-52731 06-7492 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. 71 172 Wednesday, September 6, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Parts 800 and 810 RIN 0580-AA90 United States Standards for Soybeans AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Final rule. SUMMARY: We are revising the United States Standards for Soybeans to change the minimum test weight per bushel

(TW)from a grade determining factor to an informational factor. As an informational factor, TW will be reported on official certificates unless requested otherwise. If the applicant requests that TW not be determined, soybean TW will not be determined and not reported on the official certificate. We also are changing the reporting requirements for TW in soybeans from whole and half pounds with a fraction of a half pound disregarded to reporting to the nearest tenth of a pound. Additionally, we are clarifying the reporting requirements for TW in canola. These changes will further help to ensure market-relevant standards and grades and clarify reporting requirements. DATES: *Effective Date:* September 1, 2007. FOR FURTHER INFORMATION CONTACT: Becca Riese at GIPSA, USDA, 1400 Independence Avenue, SW., Washington, DC, 20250-3630; Telephone

(202)720-4116; Fax Number

(202)720-7883; e-mail *Rebecca.A.Riese@usda.gov.* SUPPLEMENTARY INFORMATION: Background The United States Grain Standards Act (USGSA) authorizes the Secretary of Agriculture to establish official standards of kind and class, quality, and condition for soybeans and other grains (7 U.S.C. 76). The soybean standards appear in the regulations at 7 CFR 810.1604-810.1605. The U.S. Standards for Grain serve as the starting point to define U.S. grain quality in the marketplace. This rule will make the following changes:

(1)Revise designation of test weight in soybeans to be a non-grade determining informational factor,

(2)amend the definition of “test weight per bushel” to indicate test weight for soybeans will be reported to the nearest tenth pound, and

(3)clarify the certification requirements for test weight in soybeans and canola. Designation of Minimum Test Weight Per Bushel Since the establishment of the United States Standards for Soybeans in 1940, minimum TW has been included as a mandatory grade determining factor and has historically been perceived as a general indicator of overall soybean quality. Some perceive that a higher TW, or density, is indicative of a higher yield of oil and protein. Research indicates, however, that TW is not a good indicator of the oil and protein yield of processed soybeans. 1 A University of Illinois study concludes that the correlation coefficients between TW and protein and oil content are as low as 0.077 and 0.016 respectively. 2 Our analysis of our own inspection data supports the researchers' findings. 1 Hill, L.D., “Changes in the Grain Standards Act,” Grain Grades and Standards, 113-184. West, V.J., “How Good Are Soybean Grades?,” Illinois Farm Economics, no. 192, Extension Service in Agriculture and Home Economics, College of Agriculture, University of Illinois, May 1951, p. 1166. 2 Hill, L.D., “Improving Grades and Standards for Soybeans,” p. 829. As part of its evaluation of TW, we conducted a statistical review of inspection data to determine the impact of removing TW as a grade determining factor on the certified grades. As discussed later in this document, we updated our analysis. The additional information confirms our earlier conclusion that the market should not anticipate grade inflation or deflation due to our actions. Based on our analysis of inspection data and other information, we are changing the minimum TW per bushel from a grade determining factor to a non-grade determining informational factor in the official U.S. Standards for Soybeans. Even though we are changing TW to an informational factor, we will still require the measurement and reporting of TW for each official soybean grade inspection unless requested otherwise. Our evaluation indicates that not all buyers of soybeans are interested in the TW information; consequently, we will allow an optional exemption in the certification reporting requirements. Reporting and Certification of Minimum Test Weight Per Bushel We are revising 7 CFR 810.102(d) to report TW in soybeans to the nearest tenth of a pound. Presently, TW in soybeans is certified in whole and half pounds with fractions of a half pound disregarded. This change will bring the reporting requirements for TW into line with the reporting requirements for other factors in the Official Standards for Soybeans, such as foreign material and moisture content. Inspection Plan Tolerances To reflect the proposed change of TW from a grade determining factor to a non-grade determining informational factor, we are revising the tables pertaining to soybean grade limits in 7 CFR 800.86 of the regulations. Shiplots, unit trains, and lash barge lots are inspected in accordance to a statistically based inspection plan (7 CFR 800, originally published at 55 FR 24030; June 13, 1990). Inspection tolerances, commonly referred to as breakpoints, are used to determine acceptable quality. Changing TW from a grade determining factor to an informational factor necessitates removing soybean TW breakpoints from the Grade Limits and Breakpoints for Soybeans table and replacing them in the Breakpoints for Soybean Special Grades and Factors table. Certification We are clarifying the TW certification reporting requirements for both soybeans and canola in 7 CFR 800.162(c). For soybeans, we are clarifying the reporting requirements for test weight as a non-grade determining factor and the optional exemption for TW determination. The exemption will allow the applicant for inspection to request that TW not be determined, and therefore not reported. With regard to canola, we are clarifying that TW in canola is only determined and reported upon request of an applicant. Comment Review In the March 29, 2006 **Federal Register** (71 FR 15639-15643), we invited comments on our proposed rule identifying changes to the United States Standards for Soybeans. We received one comment during the 60-day comment period. The comment was submitted jointly by the Japan Oilseed Processors Association and the Japan Oil and Fat Importers and Exporters Association. The commenters were of the view that a change in the status of TW would adversely impact the distribution of soybean grades (that is, grade inflation or deflation). As discussed in the proposed rule, we analyzed inspection data to determine the impact of removing TW as a grade determining factor on the certified grades. The review established that in over 400,000 soybean inspections, certified between January 1, 2001, and September 30, 2003, 99.5 percent of the official grades would have been unaffected by the removal of TW as a grading factor. In preparation of this final rule, we updated our analysis to cover the five-year period from January 1, 2001, through December 31, 2005. The review indicated that approximately 2.2 percent of U.S. No. 2 Yellow soybeans, which is the common trading standard, would have graded as U.S. No. 1, if TW was not a grade determining factor. In other words, for the data analyzed, the certified grade may have improved 2.2 percent of the time, if TW had not been a grading factor. Further, we found that approximately 0.7 percent of U.S. No. 3 Yellow soybeans would have certified as U.S. No. 2, if TW was not a grade determining factor. In both instances, we consider the percentage change as insignificant. As a result, the market should not anticipate grade inflation or deflation due to this change. The commenters also were of the view that a change in the status of TW would result in an increase in the percentage of smaller sized soybeans and more broken soybeans. We have no evidence that a change in the status of TW from a grade determining factor to an informational factor will result in a higher percentage of smaller-sized soybeans or result in more broken soybeans or splits. As a result, the market should not anticipate an increase in the amount of smaller sized soybeans or in splits in U.S. soybeans, on average, due to this change. Nonetheless, buyers of U.S. soybeans may also ask for a sizing determination. As part of the sizing request, buyers can specify the sieve size. We report the percentage of the size fractions, as requested, to the nearest tenth in the Remarks section of the certificate. We use statements, such as “(a certain percent) passing through (a specified round-hole sieve)” and “(a certain percent) remaining on top of (a specified sieve).” Further, the percentage of splits in a sample is already a grading factor. Additionally, small broken pieces of soybeans, which pass through an 8/64 round-hole sieve, are considered as foreign material, another grading factor. If there is a concern about splits or foreign material, a buyer may specify tighter limits than that allowed by grade. For example, a buyer may contract for U.S. No. 2 Yellow soybeans with splits not to exceed 10.0 percent. The specification is tighter than the grade limit of 20.0 percent for U.S. No. 2 Yellow soybeans. Buyers may also request official analysis for oil and protein content. In recognition of protein and oil as the true determinants of value in soybean processing and the markets' need to identify these intrinsic properties, GIPSA tests for both soybean protein and oil as official criteria under the USGSA. Therefore, we are making no change in this final rule as a result of the comment. Effective Date As specified in the USGSA (7 U.S.C. 76(b)), amendments to the standards cannot become effective less than one calendar year after public notification, unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner. Making this rule effective on September 6, 2007 would be after the start of the marketing year, which begins September 1, 2007. There are inherent benefits in making this rule effective in time to have the same standards in place for the entire marketing year; we have determined that it is in the public interest to do so. There were no changes made in this final rule, so the standards are consistent with those proposed as published on March 29, 2006. For these reasons this final rule is effective September 1, 2007, for the beginning of the soybean harvest, and will facilitate domestic and export marketing of soybeans. Executive Order 12866 and Regulatory Flexibility Act This rule has been determined to be exempt for the purposes of Executive Order 12866, and therefore has not been reviewed by the Office of Management and Budget (OMB). We are amending the soybean standards to change TW from a grade determining factor to an informational factor. We are changing the reporting requirements for TW in soybeans from whole and half pounds with a fraction of a half pound disregarded to reporting to the nearest tenth of a pound. In addition, we are clarifying the reporting requirements for TW in canola. These changes are needed to ensure market-relevant standards and to clarify reporting requirements. Further, the regulations and standards are applied equally to all entities. The Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612) requires agencies to consider the economic impact of each rule on small entities and evaluate alternatives that would accomplish the objectives of the rule without unduly burdening small entities or erecting barriers that would restrict their ability to compete in the market. Under the provisions of the USGSA, grain exported from the United States must be officially inspected and weighed. We provide mandatory inspection and weighing services at 33 export facilities. All of these facilities are owned by multi-national corporations, large cooperatives, or public entities that do not meet the requirements for small entities established by the Small Business Administration. The U.S. soybean industry, including producers (approximately 663,880), handlers (approximately 6,000 domestic elevators), traders (approximately 1,402 eligible soybean futures traders), processors (approximately 70 facilities), merchandisers, and exporters, are the primary users of the U.S. Standards for Soybean and utilize the official standards as a common trading language to market soybeans. Some of the entities may be small. The USGSA (7 U.S.C. 87f-1) requires the registration of all persons engaged in the business of buying grain for sale in foreign commerce. In addition, those individuals who handle, weigh, or transport grain for sale in foreign commerce must also register. The USGSA regulations (7 CFR 800.30) define a foreign commerce grain business as persons who regularly engage in buying for sale, handling, weighing, or transporting grain totaling 15,000 metric tons or more during the preceding or current calendar year. At present, there are 92 registrants who account for practically 95 percent of U.S. soybean exports, which for fiscal year

(FY)2005 totaled approximately 23,174,129 metric tons (MT). While most of the 92 registrants are large businesses, some may be small. GIPSA has determined that this final rule will not have a significant economic impact on a substantial number of small entities, as defined in the Regulatory Flexibility Act. Paperwork Reduction Act Pursuant to the Paperwork Reduction Act of 1995, the existing information collection requirements are approved under OMB Number 0580-0013. An insignificant change in burden will result from the soybean informational factor change. However, any burden measurement, as a result of this change, will remain within the previously approved information collection requirements. Accordingly, no further OMB clearance is required under the Paperwork Reduction Act. E-Government Act Compliance We are committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have a retroactive effect. The USGSA provides in Section 87g that no State or subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the USGSA. Otherwise, this final rule will not preempt any State or local laws, regulations, or policies, unless they present any irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this final rule. List of Subjects 7 CFR Part 800 Administrative practice and procedure, Grains, Conflicts of interest, Exports, Freedom of information, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 7 CFR Part 810 Exports, Grains. For reasons set out in the preamble, 7 CFR parts 800 and 810 are amended as follows: PART 800—GENERAL REGULATIONS 1. Revise the authority citation for part 800 to read as follows: Authority: 7 U.S.C. 71-87k. 2. In § 800.86 (c)(2), revise tables 17 and 18 to read as follows: § 800.86 Inspection of shiplot, unit train, and lash barge grain in single lots.

(c)* * *

(2)* * * Table 17.—Grade Limits

(GL)and Breakpoints

(BP)for Soybeans Grade Maximum limits of— Damaged kernels Heat-damaged (percent) GL BP Total (percent) GL BP Foreign material (percent) GL BP Splits (percent) GL BP Soybeans of other colors (percent) GL BP U.S. No. 1 0.2 0.2 2.0 0.8 1.0 0.2 10.0 1.6 1.0 0.7 U.S. No. 2 0.5 0.3 3.0 0.9 2.0 0.3 20.0 2.2 2.0 1.0 U.S. No. 3 1.0 0.5 5.0 1.2 3.0 0.4 30.0 2.5 5.0 1.6 U.S. No. 4 3.0 0.9 8.0 1.5 5.0 0.5 40.0 2.7 10.0 2.3 1 Soybeans that are purple mottled or stained which will not be graded higher than U.S. No. 3. 2 Soybeans that are materially weathered which will not be graded not higher than U.S. No. 4. Table 18.—Breakpoints for Soybean Special Grades and Factors Special grade or factor Grade limit Breakpoint Garlicky 5 or more per 1,000 grams 2 Infested Same as in § 810.107 0 Soybeans of other colors Not more than 10.0% 2.3 Moisture As specified by contract or load order grade 0.3 Test Weight As specified by contract or load order −0.4 3. In § 800.162, revise paragraph

(a)and add paragraph

(c)to read as follows: § 800.162 Certification of grade; special requirements.

(a)*General.* Except as provided in paragraph

(c)of this section, each official certificate for grade shall show:

(1)The grade and factor information required by the Official U.S. Standards for Grain;

(2)The test weight of the grain, if applicable;

(3)The moisture content of the grain;

(4)The results for each official factor for which a determination was made;

(5)The results for each official factor that determined the grade when the grain is graded other that U.S. No. 1;

(6)Any other factor information considered necessary to describe the grain; and

(7)Any additional factor results requested by the applicant for official factors defined in the Official U.S. Standards for Grain.

(c)Test weight for canola and soybeans. Official canola inspection certificates will show, in addition to the requirements of paragraphs

(a)and

(b)of this section, the official test weight per bushel only upon request by the applicant. Official soybean inspection certificates will show, in addition to the requirements of paragraphs

(a)and

(b)of this section, the official test weight per bushel unless the applicant requests that test weight not be determined. Upon request, soybean test weight results will not be determined and/or reported on the official certificate. PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN 4. Revise the authority citation for part 810 to read as follows: Authority: 7 U.S.C. 71-87k. 5. In § 810.102, revise paragraph

(d)to read as follows: § 810.102 Definition of other terms.

(d)*Test weight per bushel.* The weight per Winchester bushel (2,150.42 cubic inches) as determined using an approved device according to procedures prescribed in FGIS instructions. Test weight per bushel in the standards for corn, mixed grain, oats, sorghum, and soybeans is determined on the original sample. Test weight per bushel in the standards for barley, flaxseed, rye, sunflower seed, triticale, and wheat is determined after mechanically cleaning the original sample. Test weight per bushel is recorded to the nearest tenth pound for corn, rye, soybeans, triticale, and wheat. Test weight per bushel for all other grains, if applicable, is recorded in whole and half pounds with a fraction of a half pound disregarded. Test weight per bushel is not an official factor for canola. 6. Revise § 810.1604 to read as follows: § 810.1604 Grades and grade requirements for soybeans. Grading factors Grades U.S. Nos. 1 2 3 4 Maximum percent limits of: Damaged kernels: Heat (part of total) 0.2 0.5 1.0 3.0 Total 2.0 3.0 5.0 8.0 Foreign material 1.0 2.0 3.0 5.0 Splits 10.0 20.0 30.0 40.0 Soybeans of other colors: 1 1.0 2.0 5.0 10.0 Maximum count limits of: Other material: Animal filth 9 9 9 9 Caster beans 1 1 1 1 Crotalaria seeds 2 2 2 2 Glass 0 0 0 0 Stones 2 3 3 3 3 Unknown foreign substance 3 3 3 3 Total 3 10 10 10 10 U.S. Sample grade are Soybeans that:

(a)Do not meet the requirements for U.S. Nos. 1, 2, 3, or 4; or

(b)Have a musty, sour, or commercially objectionable foreign odor (except smut or garlic odor); or

(c)Are heating or of distinctly low quality. 1 Disregard for Mixed soybeans. 2 In addition to the maximum count limit, stones must exceed 0.1 percent of the sample weight. 3 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, and unknown substances. The weight of stones is not applicable for total other material. James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E6-14719 Filed 9-5-06; 8:45 am] BILLING CODE 3410-KD-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 13 [Docket No. FAA-2002-11483; Amendment No. 13-33] RIN 2120-AI52 Revisions to the Civil Penalty Inflation Adjustment Rule and Tables; Correction AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: This document corrects an error that appeared in the previous correction to the final rule. The final rule was published in the **Federal Register** on May 16, 2006, (71 FR 28518). The previous correction to the final rule was published in the **Federal Register** on August 16, 2006, (71 FR 47077). This document also amends the regulatory language in Table One as published in the **Federal Register** on August 16, 2006. The May 16, 2006, final rule implements adjustments to certain civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. DATES: Effective September 6, 2006. FOR FURTHER INFORMATION CONTACT: Joyce Redos, Office of the Chief Counsel, Enforcement Division, AGC-300, telephone

(202)267-3137; facsimile

(202)267-5106; e-mail *joyce.redos@faa.gov.* SUPPLEMENTARY INFORMATION: Need for Correction The correction to the final rule document in the **Federal Register** on August 16, 2006 (71 FR 47077), contains a further error in the preamble with respect to the date the revised civil penalty amounts are to be applied. The previous correction document also introduced two typographical errors in the text of Table One. Specifically, the amendment contained an incomplete citation to 49 U.S.C. 46301(a)(2)(A) and

(B)in column two, entry three and dropped a footnote reference in column two, entry 11 to Table One. This publication corrects the error in the preamble and amends the regulatory language. In the August 16, 2006, **Federal Register** (FR Doc. 06-6953), make the following correction to read as follows: On page 47077, column 3 in the first line, remove the phrase “as of June 15, 2006.” and add in its place the phrase “as of June 16, 2006.” List of Subjects in 14 CFR Part 13 Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends part 13 of Title 14, Code of Federal Regulations, as follows: PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. The authority citation continues to read as follows: Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44702-44703, 44709-44710, 44713, 44718, 44725, 46101-46110, 46301-46316, 46318, 46501-46502, 46504-46507, 47106, 47111, 47122, 47306, 47531-47532. 2. Amend § 13.305 by revising Table 1, entry 3, column 2, and entry 11, column 2, to read as follows: § 13.305 Cost of living adjustments of civil monetary penalties. Table 1.—Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Before December 12, 2003, and for Hazardous Materials Violations Before August 10, 2005 United States Code citation Civil monetary penalty description Minimum penalty amount New adjusted minimum penalty amount Maximum penalty amount when last set or adjusted pursuant to law New or adjusted maximum penalty amount * * * * * * * Violation under 49 U.S.C. 46301(a)(2)(A) or

(B)by a person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) * * * * * * * Carrying a concealed dangerous weapon. 1 * * * * * * * 1 FAA prosecutes violations under this section that occurred before February 17, 2002. Issued in Washington, DC, on August 28, 2006. Rebecca MacPherson, Assistant Chief Counsel. [FR Doc. 06-7357 Filed 9-5-06; 8:45 am]

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