Notices. Notice of proposed rule making (NPRM)

6,871 words·~31 min read·/register/2006/10/04/06-8490·

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

BILLING CODE 4910-9X-C DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1312 [Docket No. DEA-282P] RIN 1117-AB03 Authorized Sources of Narcotic Raw Materials AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION: Notice of proposed rule making (NPRM). SUMMARY: DEA proposes to amend its regulations to update the list of non-traditional countries authorized to export narcotic raw materials

(NRM)to the United States. This change would replace Yugoslavia with Spain. This proposed rule seeks to maintain a consistent and reliable supply of narcotic raw materials from a limited number of countries consistent with United States obligations under international treaties and resolutions. DATES: Written comments must be postmarked, and electronic comments must be sent, on or before December 4, 2006. ADDRESSES: To ensure proper handling of comments, please reference “Docket No. DEA-282P” on all written and electronic correspondence. Written comments being sent via regular mail should be sent to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/Liaison and Policy Section (ODL). Written comments sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, VA 22301. Comments may be directly sent to DEA electronically by sending an electronic message to *dea.diversion.policy@usdoj.gov* . Comments may also be sent electronically through *http://www.regulations.gov* using the electronic comment form provided on that site. An electronic copy of this document is also available at the *http://www.regulations.gov* Web site. DEA will accept attachments to electronic comments in Microsoft word, WordPerfect, Adobe PDF, or Excel file formats only. DEA will not accept any file formats other than those specifically listed here. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, Ph.D., Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Telephone

(202)307-7183. SUPPLEMENTARY INFORMATION: Legal Authority DEA enforces the Controlled Substances Act

(CSA)(21 U.S.C. 801 *et seq.* ), as amended. DEA regulations implementing this statute are published in Title 21 of the Code of Federal Regulations (CFR), parts 1300 to 1399. These regulations are designed to establish a framework for the legal distribution of controlled substances to deter their diversion for illegal purposes and to ensure an adequate and uninterrupted supply of these drugs for legitimate medical purposes. The CSA and its implementing regulations are consistent with United States treaty obligations that, among other things, address the production, import, and export of controlled substances. Controlled Substances Controlled substances are drugs that have a potential for abuse and addiction; these include substances classified as opiates, stimulants, depressants, hallucinogens, anabolic steroids, and drugs that are immediate precursors of these classes of substances. DEA lists controlled substances in 21 CFR part 1308. The substances are divided into five schedules: Schedule I substances have a high potential for abuse and have no accepted medical use. These substances may only be used for research, chemical analysis, or manufacture of other drugs. Schedule II-V substances have an accepted medical use and also have a potential for abuse and addiction. Narcotic raw materials (opium, poppy straw, and concentrate of poppy straw (CPS)) are in Schedule II and are the materials from which morphine, codeine, and thebaine are extracted for purposes of manufacturing a number of Schedule II controlled substances. Sources of Narcotic Raw Materials In May 1979, the United Nations' Economic and Social Council (ECOSOC) adopted Resolution 471, which called on importing countries such as the United States to support traditional suppliers of narcotic raw materials

(NRM)and to limit imports from non-traditional supplying countries. The resolution, which was reaffirmed by ECOSOC in 1981, was adopted to limit overproduction of NRM, to restore a balance between supply and demand, and to prevent diversion to illicit channels. The United States, based on long-standing policy, does not cultivate or produce NRM, but relies solely on opium, poppy straw, and CPS produced in other countries for the NRM necessary to meet the legitimate medical needs of the United States. In response to Resolution 471, on August 18, 1981, DEA published a final rule specifying certain source countries of NRM (46 FR 41775); the rule is frequently referred to as the 80/20 rule. Under the final rule, currently codified as 21 CFR 1312.13(f) and (g), NRM can be imported from one of only seven countries. Traditional suppliers India and Turkey must be the source of at least 80 percent of the United States' requirement for NRM. Five countries—France, Poland, Hungary, Australia, and Yugoslavia—may be the source of not more than 20 percent. The United States continues to reaffirm its support of the original resolution by supporting similar resolutions each year at the CND. Recently, DEA registered importers of NRM have imported approximately 90 percent of NRM from traditional suppliers India and Turkey. India is the only country that cultivates poppies for production of opium. All other exporting countries use the CPS method of NRM production, a method that allows the plant to go to seed; portions of the plant are then processed into a concentrate. It is generally believed that CPS is less divertible than opium. CPS may be rich in morphine (CPS-M) or rich in thebaine (CPS-T). The United States imports the majority of its CPS-M from Turkey, with Australia supplying much of the balance. The 80/20 rule was established based on traditional import amounts and on the U.N. resolution calling on member nations to support traditional sources that have been reliable suppliers and that take measures to curtail diversion. The United States allowed a limited number of non-traditional suppliers to have access to the United States market based on past commercial relationships and on the desirability of preserving alternative sources. This approach was consistent with the U.N. Resolution because it supported India and Turkey, and ensured an adequate and uninterrupted supply of NRM, while limiting the number of supplying countries. DEA continues to support the 80/20 rule. On June 6, 2005, the Government of Spain petitioned DEA seeking to be added to the list of non-traditional suppliers. Spain stated four reasons that granting its petition would be consistent with United States interests: • The change would be consistent with the 80/20 rule because it maintains India and Turkey as the two traditional supplier countries, that is, Spain does not seek to be added to the list of traditional suppliers. • The change would ensure adequate supplies of NRM. • The change would not result in diversion because Spain maintains strict control and oversight over the cultivation and distribution of NRM. • The change would allow DEA to monitor diversion and maintain cost-effective supplies. In its petition, Spain explained that in the early 1970s, Spanish pharmaceutical firms sought authorization to cultivate opium poppies to produce NRM. In 1973, Spain authorized a single firm, Alcaliber, to cultivate, harvest, store, and prepare extracts from the opium poppy. Spain is now the fifth largest cultivator of opium poppies; Spain is the fourth largest producer of CPS and the third largest exporter of CPS-M. 1 Spain has ratified international agreements to control production and commerce in opium products. In accordance with these international agreements, Spain has implemented a comprehensive regulatory regime for controlling the cultivation, production, and export of NRM. The petition stated that this control ensures that NRM produced in Spain are not diverted to illicit uses. 1 “Narcotic Drugs: Estimated World Requirements for 2005—Statistics for 2003”, Tables II and XIII; International Narcotics Control Board (E/INCB/2004/2). DEA has reviewed the petition and is proposing to change the list of non-traditional suppliers to remove Yugoslavia and replace it with Spain. DEA has determined that the successor states to the former Yugoslavia no longer produce NRM for export. Therefore, replacing Yugoslavia with Spain will continue to limit the number of non-traditional suppliers to the United States while ensuring that an adequate number of sources of NRM are available. The change does not otherwise affect how the 80/20 rule is implemented. Regulatory Certifications Regulatory Flexibility Act The Deputy Assistant Administrator, Office of Diversion Control, hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), that he has reviewed this regulation, and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small business entities. The proposed rule imposes no new costs or burden on small entities. Executive Order 12866 The Deputy Assistant Administrator, Office of Diversion Control, further certifies that this rulemaking has been drafted in accordance with the principles in Executive Order 12866 Section 1(b). It has been determined that this is a significant regulatory action. Therefore, this action has been reviewed by the Office of Management and Budget. Executive Order 12988 This proposed rule meets the applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988. Executive Order 13132 This proposed rule does not preempt or modify any provision of State law; nor does it impose enforcement responsibilities on any State; nor does it diminish the power of any State to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. Unfunded Mandates Reform Act of 1995 This proposed rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $117,000,000 or more (adjusted for inflation) in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This proposed rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 21 CFR Part 1312 Administrative practice and procedure, Drug traffic control, Exports, Imports, Reporting and recordkeeping requirements. For the reasons set out above, 21 CFR part 1312 is proposed to be amended as follows: PART 1312—IMPORTATION AND EXPORTATION OF CONTROLLED SUBSTANCES 1. The authority citation for Part 1312 continues to read as follows: Authority: 21 U.S.C. 952, 953, 954, 957, 958. 2. Section 1312.13 is proposed to be amended by revising paragraphs

(f)and

(g)to read as follows: § 1312.13 Issuance of import permit.

(f)Notwithstanding paragraphs (a)(1) and (a)(2) of this section, the Administrator shall permit, pursuant to 21 U.S.C. 952(a)(1) or (a)(2)(A), the importation of approved narcotic raw material (opium, poppy straw and concentrate of poppy straw) having as its source:

(1)Turkey,

(2)India,

(3)Spain,

(4)France,

(5)Poland,

(6)Hungary, and

(7)Australia.

(g)At least eighty

(80)percent of the narcotic raw material imported into the United States shall have as its original source Turkey and India. Except under conditions of insufficient supplies of narcotic raw materials, not more than twenty

(20)percent of the narcotic raw material imported into the United States annually shall have as its source Spain, France, Poland, Hungary and Australia. Dated: September 26, 2006. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control. [FR Doc. E6-16325 Filed 10-3-06; 8:45 am] BILLING CODE 4410-09-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 281 [EPA-RO1-UST-2006-0622; FRL-8226-6] New Hampshire: Final Approval of Underground Storage Tank Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The State of New Hampshire has applied to EPA for approval of the changes to its underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). EPA has determined that these amendments satisfy all requirements needed for program approval and proposes to approve the State's changes. In the “Rules and Regulations” section of this **Federal Register** , EPA is approving the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this approval in the preamble to the immediate final rule. Unless we get written comments which oppose this approval during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. DATES: Send your written comments by November 3, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-UST-2006-0622, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: hanamoto.susan@epa.gov.* • *Mail:* Susan Hanamoto, Office of Underground Storage Tanks, EPA Region I, One Congress Street, Suite 1100 (Mail Code: HBO), Boston, MA 02114-2023. • *Hand Delivery:* Susan Hanamoto, Office of Underground Storage Tanks, EPA Region I, One Congress Street, Suite 1100 (Mail Code: HBO), Boston, MA 02114-2023. Such deliveries are only accepted during the EPA's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R01-UST-2006-0622. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* EPA has established a docket for this action under Docket ID No. EPA-R01-UST-2006-0622. All documents in the docket are listed on the *www.regulations.gov* Web site. Although listed in the index, some information may not be publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the EPA Region I Library, One Congress Street, 11th Floor, Boston, MA 02114- 2023; business hours Tuesday through Thursday 10 a.m. to 3 p.m., telephone:

(617)918-1990; or the New Hampshire Department of Environmental Services, Public Information Center, 29 Hazen Drive, Concord, NH 03302-0095; Phone Number:

(603)271-2919 or

(603)271-2975; Business hours: 8 a.m. to 4 p.m., Monday-Friday. Records in these dockets are available for inspection and copying during normal business hours. FOR FURTHER INFORMATION CONTACT: Susan Hanamoto, Office of Underground Storage Tanks, EPA Region I, One Congress Street, Suite 1100 (Mail Code: HBO), Boston, MA 02114-2023, *telephone:*

(617)918-1219, *e-mail: hanamoto.susan@epa.gov.* SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the “Rules and Regulations” section of this **Federal Register** . Dated: September 20, 2006. Robert W. Varney, Regional Administrator, EPA Region I. [FR Doc. E6-16376 Filed 10-3-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 591, 592, 593, and 594 [Docket No. NHTSA-06-25715] Federal Motor Vehicle Safety Standards (FMVSS); Small Business Impacts of Motor Vehicle Safety AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice of regulatory review; Request for comments. SUMMARY: The National Highway Traffic Safety Administration (NHTSA) seeks comments on the economic impact of its regulations on small entities. As required by Section 610 of the Regulatory Flexibility Act, we are attempting to identify rules that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. The focus of this notice is rules that specifically relate to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers, incomplete vehicles, motorcycles, and motor vehicle equipment. DATES: Comments must be received on or before December 4, 2006. ADDRESSES: You should mention the docket number of this document in your comments and submit your comments in writing to: Docket Management System, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC, 20590. You may call Docket Management at:

(202)366-9329. You may visit the Docket from 9 a.m. to 5 p.m. Monday through Friday. FOR FURTHER INFORMATION CONTACT: Juanita Kavalauskas, Office of Regulatory Analysis and Evaluation, National Highway Traffic Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC, 20590. *Telephone:*

(202)366-2584. *Facsimile* ( *fax* ):

(202)366-4396. SUPPLEMENTARY INFORMATION: I. Section 610 of the Regulatory Flexibility Act A. Background and Purpose Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), requires agencies to conduct periodic reviews of final rules that have a significant economic impact on a substantial number of small business entities. The purpose of the reviews is to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of such small entities. B. Review Schedule The Department of Transportation

(DOT)published its Semiannual Regulatory Agenda on November 22, 1999, listing in Appendix D (64 FR 64684) those regulations that each operating administration will review under section 610 during the next 12 months. Appendix D also contains DOT's 10-year review plan for all of its existing regulations. The National Highway Traffic Safety Administration (NHTSA, “we”) has divided its rules into 10 groups by subject area. Each group will be reviewed once every 10 years, undergoing a two-stage process-an Analysis Year and a Review Year. For purposes of these reviews, a year will coincide with the fall-to-fall publication schedule of the Semiannual Regulatory Agenda. Thus, Year 1

(1998)began in the fall of 1998 and ended in the fall of 1999; Year 2

(1999)began in the fall of 1999 and ended in the fall of 2000; and so on. During the Analysis Year, we will request public comment on and analyze each of the rules in a given year's group to determine whether any rule has a significant impact on a substantial number of small entities and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. In each fall's Regulatory Agenda, we will publish the results of the analyses we completed during the previous year. For rules that have subparts, or other discrete sections of rules that do have a significant impact on a substantial number of small entities, we will announce that we will be conducting a formal section 610 review during the following 12 months. The section 610 review will determine whether a specific rule should be revised or revoked to lessen its impact on small entities. We will consider:

(1)The continued need for the rule;

(2)the nature of complaints or comments received from the public;

(3)the complexity of the rule;

(4)the extent to which the rule overlaps, duplicates, or conflicts with other federal rules or with state or local government rules; and

(5)the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. At the end of the Review Year, we will publish the results of our review. The following table shows the 10-year analysis and review schedule: NHTSA Section 610 Review Plan Year Regulations to be reviewed Analysis year Review year 1 49 CFR parts 501 through 526 and 571.213 1998 1999 2 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 1999 2000 3 49 CFR 571.101 through 571.110 and 571.135 2000 2001 4 49 CFR parts 529 through 579, except part 571 2001 2002 5 49 CFR 571.111 through 571.129 and parts 580 through 588 2002 2003 6 49 CFR 571.201 through 571.212 2003 2004 7 49 CFR 571.214 through 571.219, except 571.217 2004 2005 8 49 CFR parts 591 through 594 2005 2006 9 49 CFR 571.223 through 571.404, part 500 and new parts and subparts under 49 CFR 2006 2007 10 23 CFR parts 1200 and 1300 and new parts and subparts under 23 CFR 2007 2008 C. Regulations Under Analysis During Year 8, we will conduct a preliminary assessment of the following sections of 49 CFR parts 591 through 594: Section Title 591 Importation of vehicles and equipment subject to Federal safety, bumper and theft prevention standards 592 Registered importers of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards 593 Determinations that a vehicle not originally manufactured to conform to the Federal Motor Vehicle Safety Standards is eligible for importation 594 Schedule of fees authorized by 49 U.S.C. 30141 We are seeking comments on whether any requirements in parts 591 through 594 have a significant economic impact on a substantial number of small entities. “Small entities” include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. Business entities are generally defined as small businesses by Standard Industrial Classification

(SIC)code, for the purposes of receiving Small Business Administration

(SBA)assistance. Size standards established by SBA in 13 CFR 121.201 are expressed either in number of employees or annual receipts in millions of dollars, unless otherwise specified. The number of employees or annual receipts indicates the maximum allowed for a concern and its affiliates to be considered small. If your business or organization is a small entity and if any of the requirements in parts 591, 592, 593, and 594 have a significant economic impact on your business or organization, please submit a comment to explain how and to what degree these rules affect you, the extent of the economic impact on your business or organization, and why you believe the economic impact is significant. If the agency determines that there is a significant economic impact on a substantial number of small entities, it will ask for comment in a subsequent notice during the Review Year on how these impacts could be reduced without reducing safety. II. Plain Language A. Background and Purpose Executive Order 12866 and the President's memorandum of June 1, 1998, require each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: • Have we organized the material to suit the public's needs? • Are the requirements in the rule clearly stated? • Does the rule contain technical language or jargon that is not clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rule easier to understand? If you have any responses to these questions, please include them in your comments on this document. B. Review Schedule In conjunction with our section 610 reviews, we will be performing plain language reviews over a ten-year period on a schedule consistent with the section 610 review schedule. We will review parts 591 through 594 to determine if these regulations can be reorganized and/or rewritten to make them easier to read, understand, and use. We encourage interested persons to submit draft regulatory language that clearly and simply communicates regulatory requirements, and other recommendations, such as for putting information in tables that may make the regulations easier to use. Comments How Do I Prepare and Submit Comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the Docket, please include the docket number of this document in your comments. Your comments must not be more than 15 pages long. (49 CFR 553.21.) We established this limit to encourage you to write your primary comments in a concise fashion. However, you may attach necessary additional documents to your comments. There is no limit on the length of the attachments. Please submit two copies of your comments, including the attachments, to Docket Management at the address given above under ADDRESSES . Comments may also be submitted to the docket electronically by logging onto the Docket Management System Web site at *http://dms.dot.gov.* Click on “Help & Information” or “Help/Info” to obtain instructions for filing your comments electronically. How Can I Be Sure That My Comments Were Received? If you wish Docket Management to notify you upon its receipt of your comments, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, Docket Management will return the postcard by mail. How Do I Submit Confidential Business Information? If you wish to submit any information under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Chief Counsel, NHTSA, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. In addition, you should submit two copies, from which you have deleted the claimed confidential business information, to Docket Management at the address given above under ADDRESSES . When you send a comment containing information claimed to be confidential business information, you should include a cover letter setting forth the information specified in our confidential business information regulation. (49 CFR Part 512.) Will the Agency Consider Late Comments? We will consider all comments that Docket Management receives before the close of business on the comment closing date indicated above under DATES . To the extent possible, we will also consider comments that Docket Management receives after that date. How Can I Read the Comments Submitted by Other People? You may read the comments received by Docket Management at the address given above under ADDRESSES . The hours of the Docket are indicated above in the same location. You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:

(1)Go to the Docket Management System

(DMS)Web page of the Department of Transportation ( *http://dms.dot.gov/* ).

(2)On that page, click on “search.”

(3)On the next page ( *http://dms.dot.gov/search/* ), type in the four-digit docket number shown at the beginning of this document. Example: If the docket number were “NHTSA-1998-1234,” you would type “1234.” After typing the docket number, click on “search.”

(4)On the next page, which contains docket summary information for the docket you selected, click on the desired comments. You may download the comments. However, since the comments are imaged documents, instead of word processing documents, the “pdf” versions of the documents are word searchable. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically check the Docket for new material. Joseph Carra, Associate Administrator for the National Center for Statistics and Analysis. [FR Doc. E6-16422 Filed 10-3-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AU33 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Spikedace and Loach Minnow AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of public comment period. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period for the proposal to designate critical habitat for the spikedace ( *Meda fulgida* ) and loach minnow ( *Tiaroga cobitis* ) designation under the Endangered Species Act of 1973, as amended (Act). This action will allow all interested parties an opportunity to comment on the proposed critical habitat, the draft economic analysis, draft environmental assessment, Tribal management plans and resolutions, and a management plan and economic analysis submitted by Phelps Dodge Corporation, as further discussed below. Comments previously submitted on the December 20, 2005 (70 FR 75546), proposed rule and on the June 6, 2006 (71 FR 32496), reopening of the comment period need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule. DATES: We will consider all comments received from interested parties by October 16, 2006. Any comments received after the closing date may not be considered in the final determination on the proposal. ADDRESSES: Comments If you wish to comment on the proposed rule, draft economic analysis, draft environmental assessment, Tribal management plans and resolutions, or a management plan and economic analysis submitted by Phelps Dodge Corporation, you may submit your comments and materials, identified by RIN 1018-AU33, by any of the following methods:

(1)E-mail: *SD_LMComments@fws.gov.* Include RIN 1018-AU33 in the subject line. Please include your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your Internet message, contact us directly by calling our Arizona Ecological Services Field Office at

(602)242-0210.

(2)Fax:

(602)242-2513.

(3)Mail, hand delivery, or courier: Steve Spangle, Field Supervisor, Arizona Ecological Services Field Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, AZ 85021.

(4)Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. You may obtain copies of the proposed rule, draft economic analysis, draft environmental assessment, Tribal management plans and resolutions, and the Phelps Dodge Corporation's management plan and economic analysis, by mail by contracting the person listed under FOR FURTHER INFORMATION CONTACT or by visiting our Web site at *http://www.fws.gov/arizonaes/* . You may also review comments and materials received and review supporting documentation used in preparation of the proposed rule by appointment, during normal business hours, at the Arizona Ecological Services Field Office (see ADDRESSES ). FOR FURTHER INFORMATION CONTACT: Steve Spangle, Field Supervisor, Arizona Ecological Services Field Office (telephone, 602-242-0210; facsimile, 602-242-2513). SUPPLEMENTARY INFORMATION: Background On December 20, 2005, we proposed to designate as critical habitat for spikedace and loach minnow approximately 633 stream miles

(mi)(1018.7 stream kilometers (km)), which includes various stream segments and their associated riparian areas, including the stream at bankfull width and a 300-foot (91.4 meters) buffer on either side of the stream (70 FR 75546). The proposed designation includes Federal, State, tribal, and private lands in Arizona and New Mexico. Critical habitat identifies specific areas containing features essential to the conservation of a listed species and that may require special management considerations or protections. If the proposed critical habitat designation is finalized, section 7(a)(2) of the Act (16 U.S.C. 1531 *et seq.* ) would require that Federal agencies ensure that actions they fund, authorize, or carry out are not likely to result in the destruction or adverse modification of critical habitat. Section 4 of the Act requires that we consider economic and other relevant impacts prior to making a final decision on what areas to designate as critical habitat. During our second comment period (71 FR 32496, June 6, 2006) on the proposed designation of critical habitat for spikedace and loach minnow, Phelps Dodge Corporation submitted documents that include management plans for Eagle Creek in Arizona and the upper Gila River in New Mexico, and an independent economic analysis summarizing their economic concerns for their mining operations in New Mexico and Arizona. We are reopening the comment period to inform the public of our consideration of this information in terms of a potential exclusion of portions of Eagle Creek and the upper Gila River in the final critical habitat designation pursuant to section 4(b)(2) of the Act. Additionally, as noted in our previous reopening of the public comment period (71 FR 32496), we are considering excluding all or portions of the Verde River Unit based on disproportionate economic costs from the final designation per our discretion under section 4(b)(2) of the Act. As discussed in our proposed rule (70 FR 75546, December 20, 2005), we determined that the following tribes have lands containing features essential to the conservation of the spikedace and loach minnow: Yavapai Apache, San Carlos Apache, and White Mountain Apache. We also proposed to exclude lands of the San Carlos Apache Tribe and lands of the White Mountain Apache Tribe based upon our relationship with the Tribes and their management plans developed for the conservation of the spikedace and loach minnow. During the initial comment period, we received a resolution from the Yavapai-Apache Nation, that we believe provides a conservation benefit to the spikedace and loach minnow on their lands. Thus, based on this new information and our relationship with the Nation we anticipate excluding their lands from the final designation pursuant to section 4(b)(2) of the Act. We are reopening the comment period to allow the public access to relevant documents and an opportunity to comment on these proposed exclusions. In addition to the specific areas mentioned above, we may consider exclusion of additional areas from critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area as critical habitat, provided such exclusion will not result in the extinction of the species. We will base our final determination upon information received or made available for public review during this or the previous public comment periods. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their names and/or home addresses, etc. but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received, including the information submitted by the Tribes and by Phelps Dodge Corporation, will be available for public inspection, by appointment, during normal business hours at the Arizona Ecological Services Field Office (see ADDRESSES ). Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 *et seq* ). Dated: September 25, 2006. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E6-16423 Filed 10-3-06; 8:45 am] BILLING CODE 4310-55-P 71 192 Wednesday, October 4, 2006 Notices AGENCY FOR INTERNATIONAL DEVELOPMENT Board for International Food and Agricultural Development One Hundred and Forty-Ninth Meeting; Notice of Meeting Pursuant to the Federal Advisory Committee Act, notice is hereby given of the one hundred and forty-ninth meeting of the Board for International Food and Agricultural Development (BIFAD). The meeting will be held from 9:40 a.m. to 5:15 p.m. on October 18th, 2005 in the Marriott Hotel, 7th and Grand Avenue, Des Moines, Iowa. The meeting is being held in conjunction with the World Food Prize events scheduled for October 19-20 in Des Moines. In the morning BIFAD will hold its regular business meeting to discuss Title XII, the Agricultural Knowledge Initiative, human capacity building and other items of current interest. In the afternoon, BIFAD will host an open forum with two panel discussions on the overall theme of “Forging Critical Partnerships to Initiate a Green Revolution in Africa.” The meeting is free and open to the public. Those wishing to attend the meeting or obtain additional information about BIFAD should contact John Rifenbark, the Designated Federal Officer for BIFAD. Write him in care of the U.S. Agency for International Development, Ronald Reagan Building, Office of Agriculture, Bureau for Economic Growth, Agriculture and Trade, 1300 Pennsylvania Avenue, NW., Room 2.11-004, Washington, DC 20523-2110 or telephone him at

(202)712-0163 or fax

(202)216-3010. John T. Rifenbark, USAID Designated Federal Officer for BIFAD, Office of Agriculture, Bureau for Economic Growth, Agriculture & Trade, U.S. Agency for International Development. [FR Doc. E6-16333 Filed 10-3-06; 8:45 am] BILLING CODE 6116-01-P DEPARTMENT OF AGRICULTURE Farm Service Agency Temporary Storage for Rice and Soybean Warehouse Operators Licensed Under the United States Warehouse Act

(USWA)AGENCY: Farm Service Agency, USDA. ACTION: Notice. SUMMARY: The Farm Service Agency

(FSA)announces the conditions under which temporary storage space for the 2006 crops of rice and soybeans may be licensed under the United States Warehouse Act (USWA). DATES: October 4, 2006. FOR FURTHER INFORMATION: Contact Roger Hinkle, USWA Program Manager, USDA, Farm Service Agency, Warehouse and Inventory Division, 1400 Independence Avenue, SW., STOP 0553, Washington, DC 20250-0553; telephone

(202)720-7433; electronic mail: *Roger.Hinkle@wdc.usda.gov.* Persons with disabilities who require alternative means for communication for regulatory information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background Because the 2006 crop harvest is expected to exceed available commercial storage space in certain areas, FSA has taken actions to ensure adequate availability of storage space at harvest for producers seeking warehouse-stored marketing assistance loans for grain. As a result, FSA and the Commodity Credit Corporation published notices in the **Federal Register** on July 3, 2006 (71 FR 37889), and August 14, 2006 (71 FR 46446), allowing USWA grain licensees to request the licensing of emergency and temporary storage space under the USWA (7 U.S.C. 241 *et seq.* ) for wheat, corn and other feed grains under certain conditions. Grain stored in emergency storage space must be removed no later than March 31, 2007, and grain stored in temporary storage space must be removed no later than July 1, 2007. Since the publication of those notices, FSA has received requests from USWA licensees to store rice in temporary storage space and soybeans in both emergency and temporary storage space. Because soybeans are more susceptible to weather, infestation, and other deteriorating conditions than bulk grains, soybeans are not approved for emergency storage space. FSA will allow licensing of temporary storage space for 2006-crop rice and soybeans under the following terms and conditions: Temporary Storage Requirements Such space may be used from the time of initial licensing until March 31, 2007. Temporary storage structures must be operated in conjunction with a USWA-licensed warehouse. In addition: 1. An asphalt, concrete, or other approved base material must be used. 2. Rigid self-supporting sidewalls must be used. 3. Aeration must be provided. 4. Acceptable covering, as determined by FSA, must be provided. 5. The Commodity must be fully insured for all losses. 6. Warehouse operators must meet all financial and bonding requirements of the USWA. 7. Warehouse operators must maintain a separate record of all rice and soybeans stored in temporary grain storage space and must account for rice and soybeans in the Daily Position Record. Application for Temporary Rice and Soybean Storage USWA licensees should direct questions regarding the use of temporary rice and soybean storage to Terry Chapman, Chief, Licensing Branch, Warehouse License and Examination Division, at: Kansas City Commodity Office, Mail Stop 9148, P.O. Box 419205 Kansas City, MO 64141-6205, telephone: 816-926-6474; facsimile: 816-926-1774. E-mail: *terry.chapman@kcc.usda.gov.* Warehouse Operator's Liability The authorization and licensing of temporary storage space does not relieve warehouse operators of their obligations under the USWA. Warehouse operators are responsible for the quantity and quality of rice and soybeans stored in temporary storage space to the same extent as their liability for licensed storage space. All rice and soybeans stored in temporary storage space is considered a part of the warehouse operator's commingled inventory. The Department of Agriculture strongly recommends that warehouse operators review their warehouse security plans and conduct a prudent risk assessment in connection with the application of temporary storage space. Warehouse operators may want to pay particular attention to threats that may not have been considered significant in the past and consider restricting access to facilities to authorized personnel only. Signed in Washington, DC, on September 29, 2006. Teresa C. Lasseter, Administrator, Farm Service Agency. [FR Doc. 06-8490 Filed 9-29-06; 3:23 pm]

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