Proposed Rules. Final rule

Agency: Federal Emergency Management Agency, DHS
Action: Final rule
Citation: FR Doc. 06-9760 · 44 CFR 67

Summary

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

Dates

The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below.

Supplementary Information

The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq. ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/county Source of flooding Location # Depth in feet above ground * Elevation in feet (NGVD) + Elevation in feet (NAVD) Modified Town of Brockton, Montana Docket No.: FEMA-B-7464 Montana Town of Brockton Missouri River Approximately 12.7 miles downstream of County Road Bridge +1,930 Approximately 13.0 miles downstream of County Road Bridge +1,931 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Brockton Maps available for inspection at: City Office, 716 B Avenue, Brockton, Montana. Town of Culbertson, Montana Docket No.: FEMA-B-7464 Montana Town of Culbertson Missouri River Approximately 7.76 miles downstream of confluence of Big Muddy Creek +1,910 Approximately 7.0 miles downstream of confluence of Big Muddy Creek +1,910 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Culbertson Maps available for inspection at: Town Hall, 210 Broadway, Culbertson, Montana. McCone County and Unincorporated Areas, Montana Docket No.: FEMA-B-7464 Montana McCone County (Unincorporated Areas) Missouri River Approximately 20 miles downstream of State Route 13 +1,956 Approximately 26.9 miles upstream of confluence of Little Porcupine Creek +2,038 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES McCone County (Unincorporated Areas) Maps available for inspection at: County Courthouse, 1004 C Avenue, Circle, Montana. Town of Medicine Lake, Montana Docket No.: FEMA-B-7464 Montana Town of Medicine Lake Big Muddy Creek Approximately 1,000 feet south of West Lake Road +1,944 Approximately 2,500 feet north of West Lake Road +1,948 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Medicine Lake Maps are available for inspection at 103 E. Hamilton St., Sheridan, Montana 59749. City of Nashua, Montana Docket No.: FEMA-B-7464 Montana City of Nashua Porcupine Creek Approximately 0.41 miles downstream of U.S. Highway 2 +2,058 Approximately 0.78 miles upstream of U.S. Highway 2 +2,068 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Nashua Maps available for inspection at: Civic Center, 805 Front Street, Nashua, Montana. City of Poplar, Montana Docket No.: FEMA-B-7464 Montana City of Poplar Poplar River Approximately 0.23 miles upstream of U.S. Highway 2 +1,966 Approximately 0.27 miles upstream of U.S. Highway 2 +1,966 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Poplar Maps available for inspection at: City Hall, 406 2nd Avenue West, Poplar, Montana. City of Wolf Point, Montana Docket No.: FEMA-B-7464 Montana City of Wolf Point Missouri River Static flooding along 6th Avenue S. from Helena Street south to Idaho Street +1,985 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Wolf Point Maps available for inspection at: City Office, 201 4th Avenue South, Wolf Point, Montana. Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD) + Elevated in feet (NAVD) # Depth in feet above ground Modified Communities affected Boone County, Kentucky and Incorporated Areas Docket No.: FEMA-B-7468 Ohio River At confluence of Dry Creek +495 Boone County (Unincorporated Areas). At confluence of Big Bone Creek +478 # Depth in feet above ground. * National Geodetic Vertical Datum. + National American Vertical Datum. ADDRESSES Boone County (Unincorporated Areas) Maps are available for inspection at the Boone County Planning Commission, Boone County Administration Building, 3rd Floor, 2950 Washington Street, Burlington, KY 41005. De Soto County, Mississippi and Incorporated Areas Docket No.: FEMA-B-7459 Arkabutla Reservoir Flood pool +245 De Soto County (Unincorporated Areas). Bean Patch Creek At confluence with Camp Creek At Pleasant Hill Road At College Road 200 feet downstream of Getwell Road +273 +302 +328 +372 De Soto County (Unincorporated Areas), City of Southaven. Bean Patch Creek Tributary 1 At confluence with Bean Patch Creek 2444 feet upstream of Sandy Betts Road +282 +331 De Soto County (Unincorporated Areas). Bean Patch Creek Tributary 2 At confluence with Bean Patch Creek 78 feet upstream of Itasca Drive +296 +347 De Soto County (Unincorporated Areas). Bean Patch Creek Tributary 3 At confluence with Bean Patch Creek 1467 feet upstream of College Road +303 +337 De Soto County (Unincorporated Areas). Byhalia Creek At confluence with Pigeon Roost Creek 2638 feet upstream of Myers Road +275 +298 De Soto County (Unincorporated Areas). Camp Creek At confluence with Coldwater River At College Road At Goodman Road At Germantown Road At Montrose Drive 1790 feet upstream of Alexander Road +256 +299 +331 +346 +361 +372 De Soto County (Unincorporated Areas) City of Olive Branch. Camp Creek Tributary 1 At confluence with Camp Creek 180 feet upstream of Ross Road +273 +317 De Soto County (Unincorporated Areas). Camp Creek Tributary 2 At confluence with Camp Creek 170 feet upstream of Dunn Lane +292 +348 De Soto County (Unincorporated Areas). Cane Creek Tributary 1 At confluence with Arkabutla Reservoir 2100 feet upstream of Robertson Gin Road +245 +251 De Soto County (Unincorporated Areas). Cane Creek Tributary 1.1 At confluence with Cane Creek Tributary 1 4300 feet upstream of confluence with Cane Creek Tributary 1 +245 +245 De Soto County (Unincorporated Areas). Coldwater River 16200 feet downstream of Arkabutla Dam 3318 feet downstream of Arkabutla Dam 26735 feet downstream of Holly Springs Road 2010 feet upstream of confluence with Coldwater River Tributary 8 +191 +195 +245 +301 De Soto County (Unincorporated Areas). Coldwater River Tributary 5 At confluence with Coldwater River 2390 feet upstream of Bethel Road +279 +299 De Soto County (Unincorporated Areas). Coldwater River Tributary 6 At confluence with Coldwater River 160 feet downstream of Red Banks Road +283 +308 De Soto County (Unincorporated Areas). Coldwater River Tributary 7 At confluence with Coldwater River 13233 feet upstream of Center Hill Road +298 +365 De Soto County (Unincorporated Areas). Coldwater River Tributary 7.1 At confluence with Coldwater River Tributary 7 2515 feet upstream of Center Hill Road +298 +341 De Soto County (Unincorporated Areas). Coldwater River Tributary 8 At confluence with Coldwater River 2038 feet upstream of Center Hill Road +300 +365 De Soto County (Unincorporated Areas). Coldwater River Tributary 8.1 At confluence with Coldwater River Tributary 8 5004 feet upstream of confluence with Coldwater River Tributary 8 +315, +368 De Soto County (Unincorporated Areas). Cow Pen Creek At Goodman Road +261 City of Horn Lake At Nail Road +274 Dry Creek At confluence with Coldwater River 8348 feet upstream of Byhalia Road +271 +303 De Soto County (Unincorporated Areas). Horn Lake Creek Tributary 1 790 feet upstream of Goodman Road 407 feet upstream of Nail Road +264 +292 City of Horn Lake. Hurricane Creek 1535 feet upstream of Odom Road 423 feet upstream of Bridgemore Drive +265 +346 De Soto County (Unincorporated Areas), City of Hernando. Hurricane Creek Tributary 2 1022 feet downstream of Horn Lake Road 12800 feet upstream of Horn Lake Road +245 +275 De Soto County Unincorporated Areas), City of Hernando. Hurricane Creek Tributary 3.1 1079 feet downstream of Nesbit Road 740 feet downstream of Highway 51 +262 +300 De Soto County (Unincorporated Areas), City of Hernando, City of Horn Lake, City of Southaven. Hurricane Creek Tributary 3.1.1 At confluence with Hurricane Creek Tributary 3.1 600 feet upstream of Starlanding Road +262 +297 De Soto County (Unincorporated Areas). Hurricane Creek Tributary 3.1.2 At confluence with Hurricane Creek Tributary 3.1 255 feet downstream of Highway 51 +291 +301 De Soto County (Unincorporated Areas), City of Southaven. Hurricane Creek Tributary 4 At confluence with Hurricane Creek 850 feet downstream of Harrow Cove +266 +329 De Soto County (Unincorporated Areas), City of Hernando. Hurricane Creek Tributary 5 At confluence with Hurricane Creek 4236 feet upstream of Pleasant Hill Road +268 +310 De Soto County (Unincorporated Areas), City of Hernando. Hurricane Creek Tributary 6 At confluence with Hurricane Creek 90 feet downstream of Clubhouse Drive +273 +316 De Soto County (Unincorporated Areas), City of Hernando. Hurricane Creek Tributary 7 At confluence with Hurricane Creek 423 feet upstream of Starlanding Road +284 +339 De Soto County (Unincorporated Areas), City of Southaven. Hurricane Creek Tributary 7.1 At confluence with Hurricane Creek Tributary 7 760 feet upstream of Starlanding Road +294 +354 De Soto County (Unincorporated Areas), City of Southaven. Hurricane Creek Tributary 8 At confluence with Hurricane Creek 940 feet upstream of Getwell Road +295 +324 De Soto County (Unincorporated Areas). Jackson Creek 4620 feet upstream of confluence with Lake Cormorant Bayou 712 feet upstream of confluence with Jackson Creek Tributary 1 +200 +201 De Soto County (Unincorporated Areas). Jackson Creek Tributary 1 At confluence with Jackson Creek 4665 feet upstream of Wilson Mills Road +201 +208 De Soto County (Unincorporated Areas). Johnson Creek At confluence with Lake Cormorant Bayou 3645 feet upstream of Church Road +208 +249 De Soto County (Unincorporated Areas), City of Horn Lake, Village of Memphis. Johnson Creek Tributary 1 At confluence with Johnson Creek 1810 feet upstream of Cheatham Road +208 +208 De Soto County (Unincorporated Areas), Village of Memphis. Johnson Creek Tributary 2 At confluence with Johnson Creek 300 feet upstream of Starlanding Road +210 +227 De Soto County (Unincorporated Areas), Village of Memphis. Johnson Creek Tributary 3 At confluence with Johnson Creek 1490 feet downstream of Poplar Corner Road +212 +244 De Soto County (Unincorporated Areas), Village of Memphis. Johnson Creek Tributary 4 At confluence with Johnson Creek 4171 feet upstream of Starlanding Road +215 +231 De Soto County (Unincorporated Areas), Village of Memphis. Johnson Creek Tributary 5 At confluence with Johnson Creek 35 feet upstream of Fogg Road +226 +269 De Soto County (Unincorporated Areas). Johnson Creek Tributary 6 At confluence with Johnson Creek 20 feet upstream of Fogg Road +235 +256 De Soto County (Unincorporated Areas). Lake Cormorant Bayou At Green River Road 500 feet downstream of confluence with Johnson Creek +200 +208 De Soto County (Unincorporated Areas). Lateral A At confluence with Horn Lake Creek 2506 feet upstream of Goodman Road +243 +276 De Soto County (Unincorporated Areas), City of Horn Lake, City of Southaven. Lateral A Tributary 1 At confluence with Lateral A 148 feet downstream of Horn Lake Road +246 +259 City of Horn Lake. Licks Creek At confluence with Camp Creek At U.S. Highway 78 At Lancaster Drive 7700 feet upstream of Hacks Cross Road +306 +334 +358 +388 De Soto County (Unincorporated Areas), City of Olive Branch. Mussacuna Creek 4630 feet downstream of Highway 51 1480 feet upstream of Highway 51 +280 +307 De Soto County (Unincorporated Areas), City of Hernando. Nolehoe Creek At confluence with Camp Creek At Goodman Road +308 +348 City of Olive Branch, City of Southaven. Norfolk Bayou At confluence with Johnson Creek 175 feet downstream of Highway 161 +208 +208 De Soto County (Unincorporated Areas). Pigeon Roost Creek At confluence with Coldwater River 1550 feet downstream of Ingrams Mill Road +267 +277 De Soto County (Unincorporated Areas). Red Banks Creek 4330 feet upstream of Red Banks Road 13140 feet upstream of Red Banks Road +299 +312 De Soto County (Unincorporated Areas). Short Creek At confluence with Coldwater River 9228 feet upstream of Byhalia Road +267 +331 De Soto County (Unincorporated Areas). Short Creek Tributary 1 At confluence with Short Creek 3636 feet upstream of Byhalia Road +271 +297 De Soto County (Unincorporated Areas). Short Fork Creek At confluence with Coldwater River 2953 feet upstream of Jaybird Road +255 +309 De Soto County (Unincorporated Areas), City of Hernando. Short Fork Creek Tributary 1 At confluence with Short Fork Creek 1731 feet upstream of Byhalia Road +265 +341 De Soto County (Unincorporated Areas). Short Fork Creek Tributary 2 At confluence with Short Fork Creek 5387 feet upstream of Brights Road +278 +325 De Soto County (Unincorporated Areas). Short Fork Creek Tributary 3 At confluence with Short Fork Creek 2594 feet upstream of confluence with Short Fork Creek +296 +304 De Soto County (Unincorporated Areas). Turkey Creek At confluence with Camp Creek 758 feet upstream of Woolsly Road +287 +351 De Soto County (Unincorporated Areas). Whites Creek 3740 feet upstream of confluence with Lake Cormorant Bayou 7410 feet upstream of Wetonga Lane +199 +234 De Soto County (Unincorporated Areas). Whites Creek Tributary 1 At confluence with Whites Creek 2117 feet upstream of confluence with Whites Creek +224 +233 De Soto County (Unincorporated Areas). # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of De Soto County Maps are available for inspection at 365 Losher Street, Suite 310, Hernando, MS 38632. City of Hernando Maps are available for inspection at 475 W. Commerce Street, Hernando, MS 38632. City of Horn Lake Maps are available for inspection at 3101 Goodman Road, Horn Lake, MS 38637. City of Olive Branch Maps are available for inspection at 9189 Pigeon Root, Olive Branch, MS 38654. City of Southaven Maps are available for inspection at 8710 Northwest Drive, Southaven, MS 38671. Village of Memphis Maps are available for inspection at P.O. Box 35, Walls, MS 38630. Richland County, Montana and Incorporated Areas Docket No.: FEMA-B-7464 Lone Tree Creek Approximately 0.47 miles downstream of Country Road 351 At 22nd Avenue Northwest +1,908 +1,969 Richland County (Unincorporated Areas), City of Sidney. Missouri River Approximately 8.14 miles downstream of confluence with Big Muddy Creek Approximately 11 miles upstream of confluence with Wolf Creek +1,910 +1,995 Richland County (Unincorporated Areas). # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Richland County (Unincorporated Areas) Maps available for inspection at: The County Courthouse, 201 West Main, Sidney, Montana. City of Sidney Maps are available for inspection at: City Hall, 115 2nd Street, SE., Sidney, Montana. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 11, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-21574 Filed 12-18-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Chapter 2 RIN 0750-AE73 Defense Federal Acquisition Regulation Supplement; Material Inspection and Receiving Report (DFARS Case 2003-D085) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify requirements for preparation of material inspection and receiving reports under DoD contracts. In addition, the rule relocates text to the DFARS companion resource, Procedures, Guidance, and Information. DATES: Effective Date: December 19, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; facsimile (703) 602-0350. Please cite DFARS Case 2003-D085. SUPPLEMENTARY INFORMATION: A. Background This final rule updates DFARS Appendix F requirements for preparation of DD Form 250, Material Inspection and Receiving Report. The changes to Appendix F include — ○ Clarification of requirements for marking of shipments when a contractor's certificate of conformance is used as the basis for acceptance; ○ Relocation of the requirement for the contractor to provide sufficient copies of DD Form 250, from F-701 to F-103; and ○ Deletion of procedures for documenting Government contract quality assurance performed at a subcontractor's facility and for distribution and correction of DD Form 250-1 documents. This text has been relocated to the DFARS companion resource, Procedures, Guidance, and Information (PGI), at http://www.acq.osd.mil/dpap/dars/pgi . DoD published a proposed rule at 70 FR 39975 on July 12, 2005. One respondent submitted comments on the proposed rule. The respondent recommended revision of Appendix F and the clause at DFARS 252.246-7000, Material Inspection and Receiving Report, to clarify that contractors are required to include a copy of the receiving report (either the paper DD Form 250 or the Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA) receiving report) with the shipment. As a result of this comment, the proposed change to F-401(a), which stated that use of WAWF-RA satisfies DD Form 250 distribution requirements, has been excluded from this final rule; and DoD published another proposed rule at 71 FR 65769 on November 9, 2006, to request comments on the recommended revision. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. , because the rule makes no significant change to DoD policy for the preparation and use of material inspection and receiving reports. C. Paperwork Reduction Act The information collection requirements of DD Form 250, Material Inspection and Receiving Report, have been approved by the Office of Management and Budget under Control Number 0704-0248, for use through March 31, 2008. List of Subjects in 48 CFR Chapter 2 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Appendix F to Chapter 2 is amended as follows: 1. The authority citation for 48 CFR Appendix F to subchapter I continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. Appendix F to Chapter 2—Material Inspection and Receiving Report 2. Appendix F to Chapter 2 is amended in Part 1, Section F-103, by revising paragraph (c) to read as follows: F-103 Use. (c) The contractor prepares the MIRR, except for entries that an authorized Government representative is required to complete. The contractor shall furnish sufficient copies of the completed form, as directed by the Government representative. 3. Appendix F to Chapter 2 is amended by revising Part 2 to read as follows: PART 2—CONTRACT QUALITY ASSURANCE ON SHIPMENTS BETWEEN CONTRACTORS F-201 Procedures. Follow the procedures at PGI F-201 for evidence of required Government contract quality assurance at a subcontractor's facility. 4. Appendix F to Chapter 2 is amended in Part 3, Section F-301, by revising paragraph (b)(21)(iii) in the first sentence and paragraph (b)(21)(iv)(D) introductory text to read as follows: F-301 Preparation instructions. (b) * * * (21) * * * (iii) When contract terms provide for use of Certificate of Conformance and shipment is made under these terms, the contractor shall enter in capital letters “CERTIFICATE OF CONFORMANCE” in Block 21a on the next line following the CQA and acceptance statements. * * * (iv) * * * (D) When Certificate of Conformance procedures apply, inspection or inspection and acceptance are at source, and the contractor's Certificate of Conformance is required, the contractor shall enter in capital letters “CERTIFICATE OF CONFORMANCE” as required by paragraph (b)(21)(iii) of this section. 5. Appendix F to Chapter 2 is amended by revising Part 7 to read as follows: PART 7—DISTRIBUTION OF THE DD FORM 250-1 F-701 Distribution. Follow the procedures at PGI F-701 for distribution of DD Form 250-1. F-702 Corrected DD Form 250-1. Follow the procedures at PGI F-702 when corrections to DD Form 250-1 are needed. [FR Doc. E6-21515 Filed 12-18-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 201, 205, 207, 211, 217, 219, 223, 225, 228, 232, 237, and 252 RIN 0750-AF16 Defense Federal Acquisition Regulation Supplement; Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2004-D022) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to adjust acquisition-related thresholds for inflation. Section 807 of the National Defense Authorization Act for Fiscal Year 2005 requires periodic adjustment of statutory acquisition-related dollar thresholds, except those established by the Davis-Bacon Act, the Service Contract Act, or trade agreements. This rule also amends other acquisition-related thresholds that are BASED on policy rather than statute. DATES: Effective Date: December 19, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; facsimile (703) 602-0350. Please cite DFARS Case 2004-D022. SUPPLEMENTARY INFORMATION: A. Background This final rule implements Section 807 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375). Section 807 provides for adjustment of statutory acquisition-related dollar thresholds every 5 years, except for those established by the Davis-Bacon Act, the Service Contract Act, or trade agreements. This case presented an opportunity to review all acquisition-related dollar thresholds, including those that are non-statutory. DoD published a proposed rule at 71 FR 3446 on January 23, 2006. DoD received one comment from a public-private partnership in response to the proposed rule. That comment related to the proposed increase in the micro-purchase spending limit for the General Services Administration SmartPay Purchase Card Program. The comment did not specifically relate to this DFARS case and, therefore, has been forwarded to the General Services Administration for consideration. A matrix showing the thresholds reviewed in preparation of this final rule is available at http://www.acq.osd.mil/dpap/dars/dfars/changenotice/index.htm, within the change notice summary containing the same date as this final rule. The statute requires adjustment of acquisition-related thresholds for inflation using the Consumer Price Index for all-urban consumers. Acquisition-related thresholds in statutes that were in effect on October 1, 2000, are subject to 5 years of inflation. The inflation adjustment factors in the proposed rule were calculated on the basis of December 2004 data. For the final rule, data through October 2005 was used. This resulted in a slight increase in the calculated inflation adjustment factors. For the 5-year period from October 2000 through October 2005, the inflation adjustment factor increased from 13 percent to 14.5 percent. However, due to rounding, most thresholds shown in the proposed rule did not change. The exceptions are— • DFARS 217.170 and 217.171 (Multiyear Contracting)—Increased from $565.5 million to $572.5 million; and • DFARS 237.170-2 (Service Contracting)—Increased from $77.5 million to $78.5 million. The threshold at DFARS 207.170-3 (Consolidation of Contract Requirements) is the only threshold in the final rule that was not addressed in the proposed rule, because the calculated threshold now rounds up to $5.5 million, from $5 million. The threshold at DFARS 216.203-4, for use of the economic price adjustment clause at FAR 52.216-4, was increased from $50,000 to $55,000 in the proposed rule. This threshold change is no longer applicable as a result of the final rule published at 71 FR 39006 on July 11, 2006, which specified the simplified acquisition threshold as the general threshold for DoD use of the FAR economic price adjustment clauses. The threshold at DFARS 236.601, for congressional notification of certain architect-engineer or construction design contracts, was increased from $500,000 to $550,000 in the proposed rule. This threshold change is no longer applicable as a result of the interim rule published at 71 FR 58540 on October 4, 2006, which increased the threshold to $1 million to implement a statutory change. The threshold in the clause at DFARS 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card, was increased from $2,500 to $3,000 in the proposed rule. The final rule revises this threshold to the micro-purchase threshold, for consistency with the corresponding clause prescription at DFARS 232.1110. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. , because the adjustment of acquisition-related dollar thresholds is intended to keep pace with inflation and thus maintain the status quo. C. Paperwork Reduction Act This rule does not impose any new information collection requirements that require the approval of the Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq. The information collection requirements of the provision and clauses at 252.225-7003, 252.225-7004, and 252.225-7006 are approved for use through May 31, 2007, under OMB Control Number 0704-0229. List of Subjects in 48 CFR Parts 201, 205, 207, 211, 217, 219, 223, 225, 228, 232, 237, and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Parts 201, 205, 207, 211, 217, 219, 223, 225, 228, 232, 237, and 252 are amended as follows: 1. The authority citation for 48 CFR Parts 201, 205, 207, 211, 217, 219, 223, 225, 228, 232, 237, and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM 2. Section 201.109 is added to read as follows: 201.109 Statutory acquisition-related dollar thresholds-adjustment for inflation. (d) A matrix showing the most recent escalation adjustments of statutory acquisition-related dollar thresholds is available at PGI 201.109. PART 205—PUBLICIZING CONTRACT ACTIONS 205.303 [Amended] 3. Section 205.303 is amended by removing “$5 million” and adding in its place “$5.5 million” as follows: a. In paragraph (a)(i) introductory text, in the first and second sentences; b. In paragraph (a)(i)(A), in the second sentence; and c. In paragraph (a)(i)(B), in the first and second sentences. PART 207—ACQUISITION PLANNING 207.170-3 [Amended] 4. Section 207.170-3 is amended in paragraph (a) introductory text by removing “$5,000,000” and adding in its place “$5.5 million”. PART 211—DESCRIBING AGENCY NEEDS 211.503 [Amended] 5. Section 211.503 is amended in paragraph (b), in the first and second sentences, by removing “$500,000” and adding in its place “$550,000”. PART 217—SPECIAL CONTRACTING METHODS 6. Section 217.170 is amended by revising paragraph (d)(1)(i) to read as follows: 217.170 General. (d)(1) * * * (i) Exceed $500 million for supplies (see 217.172(c) and 217.172(e)(4)) or $572.5 million for services (see 217.171(a)(6)); 217.171 [Amended] 7. Section 217.171 is amended in paragraph (a)(6) by removing “$500 million” and adding in its place “$572.5 million”. PART 219—SMALL BUSINESS PROGRAMS 219.502-2 [Amended] 8. Section 219.502-2 is amended in paragraph (a)(i) by removing “$2 million” and adding in its place “$2.5 million”. PART 223—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 9. Section 223.803 is revised to read as follows: 223.803 Policy. No DoD contract may include a specification or standard that requires the use of a class I ozone-depleting substance or that can be met only through the use of such a substance unless the inclusion of the specification or standard is specifically authorized at a level no lower than a general or flag officer or a member of the Senior Executive Service of the requiring activity in accordance with Section 326, Public Law 102-484 (10 U.S.C. 2301 (repealed) note). This restriction is in addition to any imposed by the Clean Air Act and applies after June 1, 1993, to all DoD contracts, regardless of place of performance. PART 225—FOREIGN ACQUISITION 225.7204 [Amended] 10. Section 225.7204 is amended as follows: a. In paragraphs (a) and (b) by removing “$10 million” and adding in its place “$11.5 million”; and b. In paragraph (c) by removing “$500,000” and adding in its place “$550,000”. PART 228—BONDS AND INSURANCE 228.102-1 [Amended] 11. Section 228.102-1 is amended in the second sentence of the introductory text and in paragraph (1) by removing “$25,000” and adding in its place “$30,000”. PART 232—CONTRACT FINANCING 232.404 [Amended] 12. Section 232.404 is amended in paragraph (a)(9) by removing “$2,500” and adding in its place “$3,000”. 232.502-1 [Amended] 13. Section 232.502-1 is amended in paragraph (b)(1) by removing “$50,000” and adding in its place “$55,000”. PART 237—SERVICE CONTRACTING 237.170-2 [Amended] 14. Section 237.170-2 is amended in paragraphs (a)(1) and (2) by removing “$50,000,000” and adding in its place “$78.5 million”. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 15. Section 252.209-7004 is amended by revising the clause date and paragraph (a) to read as follows: 252.209-7004 Subcontracting with Firms That are Owned or Controlled by the Government of a Terrorist Country. Subcontracting With Firms That are Owned or Controlled by the Government of a Terrorist Country (Dec 2006) (a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. 252.225-7003 [Amended] 16. Section 252.225-7003 is amended as follows: a. By revising the clause date to read “(DEC 2006)”; b. In paragraph (b)(1) by removing “$10 million” and adding in its place “$11.5 million”; and c. In paragraph (b)(2)(i) by removing “$500,000” and adding in its place “$550,000”. 252.225-7004 [Amended] 17. Section 252.225-7004 is amended as follows: a. By revising the clause date to read “(DEC 2006)”; and b. In paragraph (b)(1) by removing “$500,000” and adding in its place “$550,000”. 252.225-7006 [Amended] 18. Section 252.225-7006 is amended as follows: a. By revising the clause date to read “(DEC 2006)”; and b. In paragraph (f)(1) by removing “$500,000” and adding in its place “$550,000”. 252.232-7009 [Amended] 19. Section 252.232-7009 is amended as follows: a. By revising the clause date to read “(DEC 2006)”; and b. By removing “$2,500” and adding in its place “the micro-purchase threshold in Part 2 of the Federal Acquisition Regulation,”. 252.249-7002 [Amended] 20. Section 252.249-7002 is amended as follows: a. By revising the clause date to read “(DEC 2006)”; and b. In paragraph (d)(1) by removing “$500,000” and adding in its place “$550,000”. [FR Doc. E6-21513 Filed 12-18-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 RIN 0750-AF17 Defense Federal Acquisition Regulation Supplement; Restriction on Carbon, Alloy, and Armor Steel Plate (DFARS Case 2005-D002) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the restriction on the acquisition of foreign carbon, alloy, or armor steel plate. The restriction implements provisions of annual DoD appropriations acts. DATES: Effective Date: December 19, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; facsimile (703) 602-0350. Please cite DFARS Case 2005-D002. SUPPLEMENTARY INFORMATION: A. Background Section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. L. 102-172) and similar sections in subsequent DoD Appropriations Acts (the most recent being Section 8024 of Pub. L. 109-289) contain a restriction on the acquisition of carbon, alloy, or armor steel plate, that is not melted and rolled in the United States or Canada, for use in any Government-owned facility or property under the control of the Department of Defense. This restriction is implemented in the DFARS at 225.7011-1 through 225.7011-3 and in the corresponding contract clause at 252.225-7030. DoD published a proposed rule at 70 FR 73189 on December 9, 2005, to clarify the applicability of the restriction. Two respondents provided comments on the proposed rule. One of the respondents applauded DoD's initiative to clarify the restriction and recommended adoption of the rule as proposed. The other respondent raised two issues regarding the proposed rule. A discussion of these issues is provided below. 1. Property under the control of DoD. The respondent interpreted the statutory phrase “property under the control of the Department of Defense” to mean personal property as well as real property, and recommended amendment of the rule to reflect this interpretation. DoD has not adopted this recommendation, as DoD believes that limitation of the restriction to real property is consistent with the statutory provisions; and that, if the statutory phrase “for use in any * * * property under the control of the Department of Defense” were intended to include all personal property controlled by DoD, the words of the statute “for use in any Government-owned facility” would be without added meaning. The current interpretation of the statute has been in use since 1992 without objection. 2. Use as a raw material. The respondent stated that the rule's limitation of the restriction to plate used as a “raw material” sets a limitation that does not appear in the statute. In addition, the respondent stated that carbon, alloy, and armor steel plate is not a “raw material”; it is a finished steel mill product that can be used “as is” in certain applications or as an intermediate material for the fabrication of other products. Therefore, the respondent recommended that the phrase “as a raw material” be removed from the rule. DoD notes that the phrase “as a raw material” has been in the clause at 252.225-7030 since 1992 without objection. The phrase was added to the clause as a result of a public comment submitted by an industry association in response to the interim rule published at 57 FR 14988 on April 23, 1992 (Defense Acquisition Circular 91-2, Item XI). The industry association did not believe that the statute was intended to apply to end items (hardware) delivered to the Government and used in Government facilities. The association recommended revision of the prescriptive language to require application of the clause to only those contracts for the direct acquisition of carbon, alloy, or armor steel plate. As a result, the final rule published at 57 FR 53596 on November 12, 1992 (Defense Acquisition Circular 91-4, Item XI), required application of the clause to carbon, alloy, and armor steel plate furnished as a deliverable under the contract or purchased by the contractor as a raw material. The statutory language addressing use of the plate in a Government-owned facility or property under the control of DoD expresses an intent not to apply the restriction to the manufacture of items in the plants of commercial contractors. For example, the restriction should not apply if a contractor acquires a machine tool for use in a Government-owned facility, if the machine tool is manufactured by another contractor in a facility that is not Government-owned. DoD has amended the rule to make this concept clearer, without use of the term “raw material”. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. , because the rule clarifies existing policy regarding the statutory restriction on the acquisition of foreign carbon, alloy, or armor steel plate. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Parts 225 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 225 and 252 are amended as follows: 1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 225—FOREIGN ACQUISITION 2. Section 225.7011-1 is revised to read as follows: 225.7011-1 Restriction. (a) In accordance with Section 8111 of the Fiscal Year 1992 DoD Appropriations Act (Pub. L. 102-172) and similar sections in subsequent DoD appropriations acts, do not acquire any of the following types of carbon, alloy, or armor steel plate for use in a Government-owned facility or a facility under the control of ( e.g. , leased by) DoD, unless it is melted and rolled in the United States or Canada: (1) Carbon, alloy, or armor steel plate in Federal Supply Class 9515. (2) Carbon, alloy, or armor steel plate described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute. (b) This restriction— (1) Applies to the acquisition of carbon, alloy, or armor steel plate as a finished steel mill product that may be used “as is” or may be used as an intermediate material for the fabrication of an end product; and (2) Does not apply to the acquisition of an end product ( e.g. , a machine tool), to be used in the facility, that contains carbon, alloy, or armor steel plate as a component. 3. Section 225.7011-3 is amended by revising paragraph (a) to read as follows: 225.7011-3 Contract clause. (a) Require the delivery to the Government of carbon, alloy, or armor steel plate that will be used in a Government-owned facility or a facility under the control of DoD; or PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Section 252.225-7030 is revised to read as follows: 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate. As prescribed in 225.7011-3, use the following clause: Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate (DEC 2006) (a) Carbon, alloy, and armor steel plate shall be melted and rolled in the United States or Canada if the carbon, alloy, or armor steel plate— (1) Is in Federal Supply Class 9515 or is described by specifications of the American Society for Testing Materials or the American Iron and Steel Institute; and (2)(i) Will be delivered to the Government for use in a Government-owned facility or a facility under the control of the Department of Defense; or (ii) Will be purchased by the Contractor for use in a Government-owned facility or a facility under the control of the Department of Defense. (b) This restriction— (1) Applies to the acquisition of carbon, alloy, or armor steel plate as a finished steel mill product that may be used “as is” or may be used as an intermediate material for the fabrication of an end product; and (2) Does not apply to the acquisition of an end product ( e.g. , a machine tool), to be used in the facility, that contains carbon, alloy, or armor steel plate as a component. (End of clause) [FR Doc. E6-21511 Filed 12-18-06; 8:45 am] BILLING CODE 5001-08-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 990506119-9236-02; I.D. 121106C] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Red Snapper Commercial Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the commercial fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined the fall portion of the annual commercial quota for red snapper will have been reached by December 26, 2006. This closure is necessary to protect the red snapper resource. DATES: Closure is effective noon, local time, December 26, 2006, until 12:01 a.m., local time, on January 1, 2007. FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350, fax 727-824-5308, e-mail Jason.Rueter@noaa.gov . SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those regulations set the commercial quota for red snapper in the Gulf of Mexico at 4.65 million lb (2.11 million kg) for the current fishing year, January 1 through December 31, 2006. The red snapper commercial fishing season was split into two time periods, the first commencing at noon on February 1 with two-thirds of the annual quota (3.10 million lb (1.41 million kg)) available, and the second commencing at noon on October 1 with the remainder of the annual quota available. During the commercial season, the red snapper commercial fishery opens at noon on the first of each month and closes at noon on the 10 th of each month, until the applicable commercial quotas are reached. Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for a species or species group when the quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on current statistics, NMFS has determined that the available fall commercial quota of 1.65 million lb (0.75 million kg) for red snapper will be reached when the fishery closes on December 26, 2006. Accordingly, NMFS is closing the commercial red snapper fishery in the Gulf of Mexico EEZ from noon, local time, on December 26, 2006, until 12:01 a.m., local time, on January 1, 2007, when the red snapper individual fishing quota (IFQ) program becomes effective. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish having red snapper aboard must have landed and bartered, traded, or sold such red snapper prior to noon, local time, December 26, 2006. During the closure, the sale or purchase of red snapper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to sale or purchase of red snapper that were harvested, landed ashore, and sold prior to noon, local time, December 26, 2006, and were held in cold storage by a dealer or processor. Classification This action responds to the best available information recently obtained from the fishery. The Administrator, Southeast Region, NMFS, finds the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would be unnecessary and contrary to the public interest. Similarly, there is a need to implement these measures in a timely fashion to prevent an overage of the commercial quota of Gulf of Mexico red snapper, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be impractical and contrary to the Magnuson-Stevens Act, the FMP, and the public interest. For these same reasons, NMFS finds good cause that the implementation of this action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 553(d)(3), a delay in the effective date is waived. This action is required under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 12, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-21536 Filed 12-18-06; 8:45 am] BILLING CODE 3510-22-S 71 243 Tuesday, December 19, 2006 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26570; Directorate Identifier 2006-NE-39-AD] RIN 2120-AA64 Airworthiness Directives; Turbomeca S.A. Makila 1A and 1A1 Turboshaft Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: The back-up mode can be activated by an electrostatic discharge or by a malfunction of the collective pitch signal. The two engines fitted on the same helicopter can therefore be frozen in this back-up position at 85% N1. Freezing both engines in the back-up mode can lead to an inability to continue safe flight and forced landing. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by January 18, 2007. ADDRESSES: You may send comments by any of the following methods: • DOT Docket Web Site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Fax: (202) 493-2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at http://dms.dot.gov ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park 01803; telephone (781) 238-7175; fax (781) 238-7199. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-26570; Directorate Identifier 2006-NE-39-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the airworthiness authority for the European Union, has issued EASA Airworthiness Directive 2006-0070, dated April 13, 2006, (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: The control system of the engines covered by this Airworthiness Directive includes an electrical back-up mode at 85% N1 (gas generator speed) activated on the detection of certain occurrences affecting engine control. The activation of the back-up mode is irreversible and freezes the engine at 85% N1. An analysis of reported occurrences in service showed that the back-up mode can be activated by an electrostatic discharge or by a malfunction of the collective pitch signal. The two engines fitted on the same helicopter can therefore be frozen in this back-up position at 85% N1. The present Airworthiness Directive therefore imposes the application of modification TU241 on the LPG board of the Makila 1A and 1A1 ECU, which reduces the aforementioned risk by changing the conditions in which the engines switch to and are maintained in the 85% NG back-up mode. Freezing both engines in the back-up mode can lead to an inability to continue safe flight and forced landing. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Turbomeca has issued Mandatory Service Bulletin No. 298 73 0241, dated April 5, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the proposed AD. These requirements, if ultimately adopted, will take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about five products of U.S. registry. We also estimate that it would take about 1.0 work-hours per product to comply with this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $3,500 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $17,900, or $3,580 per product. 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 determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the 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 proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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 FAA amends § 39.13 by adding the following new AD: Turbomeca S.A.: Docket No. FAA-2006-26570; Directorate Identifier 2006-NE-39-AD. Comments Due Date (a) We must receive comments by January 18, 2007. Affected ADs (b) None. Applicability (c) This AD applies to Turbomeca Makila 1A and 1A1 turboshaft engines. These engines are used on, but not limited to Eurocopter AS 332 Super Puma helicopters. Reason (d) European Aviation Safety Agency (EASA) AD No. 2006-0070, dated March 30, 2006, states: The control system of the engines covered by this Airworthiness Directive includes an electrical back-up mode at 85% N1 (gas generator speed) activated on the detection of certain occurrences affecting engine control. The activation of the back-up mode is irreversible and freezes the engine at 85% N1. An analysis of reported occurrences in service showed that the back-up mode can be activated by an electrostatic discharge or by a malfunction of the collective pitch signal. The two engines fitted on the same helicopter can therefore be frozen in this back-up position at 85% N1. The present Airworthiness Directive therefore imposes the application of modification TU241 on the LPG board of the Makila 1A and 1A1 ECU, which reduces the aforementioned risk by changing the conditions in which the engines switch to and are maintained in the 85% NG back-up mode. Freezing both engines in the back-up mode can lead to an inability to continue safe flight and forced landing. Actions and Compliance (e) Unless already done, before January 31, 2007, apply the modification TU 241 by replacing the LPG board of the ECU in accordance with the mandatory Turbomeca Service Bulletin No. 298 73 0241, dated April 5, 2006. FAA AD Differences (f) None. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Engine Certification Office, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information (h) Contact Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park 01803; telephone (781) 238-7175; fax (781) 238-7199 for more information about this AD. (i) Refer to MCAI EASA Airworthiness Directive 2006-0070, dated March 30, 2006, and Turbomeca Mandatory Service Bulletin No. 298 73 0241, dated April 5, 2006, for related information. Issued in Burlington, Massachusetts, on December 13, 2006. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-21586 Filed 12-18-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 630 [FHWA Docket No. FHWA-2006-25203] RIN 2125-AF10 Temporary Traffic Control Devices AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of proposed rulemaking; extension of comment period. SUMMARY: The FHWA is extending the comment period for a notice of proposed rulemaking (NPRM) and request for comments, which was published on November 1, 2006, at 71 FR 64173. The original comment period is set to close on January 2, 2007. The extension is based on concern expressed by the National Committee on Uniform Traffic Control Devices (NCUTCD) that the January 2 closing date does not provide sufficient time for discussion of the issues in committee and a subsequent comprehensive response to the docket. The FHWA recognizes that others interested in commenting may have similar time constraints and agree that the comment period should be extended. Therefore, the closing date for comments is changed to February 16, 2007, which will provide the NCUTCD and others interested in commenting additional time to discuss, evaluate, and submit responses to the docket. DATES: Comments must be received on or before February 16, 2007. ADDRESSES: Mail or hand deliver comments to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit or fax comments to (202) 493-2251. Alternatively, comments may be submitted via the Federal eRulemaking Portal at http://www.regulations.gov . All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination at the above address from 9 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped postcard or print the acknowledgement page that appears after submitting comments electronically. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Persons making comments may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, Pages 19477-78) or may visit http://dms.dot.gov . FOR FURTHER INFORMATION CONTACT: Mr. Chung Eng, Office of Transportation Operations, (202) 366-8043; or Mr. Raymond W. Cuprill, Office of the Chief Counsel, (202) 366-0791, U.S. Department of Transportation, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access and Filing You may submit or retrieve comments online through the Document Management System (DMS) at: http://dmses.dot.gov/submit . The DMS is available 24 hours each day, 365 days each year. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. An electronic copy of this document may also be downloaded from the Office of the Federal Register's home page at: http://www.archives.gov and the Government Printing Office's Web page at: http://www.access.gpo.gov/nara . Background On November 1, 2006, the FHWA published in the Federal Register an NPRM that proposes to supplement its regulation governing work zone safety and mobility in highway and street work zones. The NPRM proposes to include conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. The proposed changes are intended to decrease the likelihood of fatalities and injuries to workers who are exposed to motorized traffic (vehicles using the highways for the purposes of travel) while working on Federal-aid highway projects. The original comment period for the NPRM closes on January 2, 2007. The NCUTCD has expressed concern that this closing date does not provide sufficient time to review and discuss the proposed changes; and then, develop and submit complete responses to the docket. To allow time for this organization and others to submit comprehensive comments, the closing date is changed from January 2, 2007, to February 16, 2007. Authority: 23 U.S.C. 109(c) and 112; Sec. 1110 of Pub. L. 109-59; 23 CFR 1.32; and 49 CFR 1.48(b). Issued on: December 12, 2006. J. Richard Capka, Federal Highway Administrator. [FR Doc. E6-21579 Filed 12-18-06; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-125632-06] RIN 1545-BF83 Corporate Reorganizations; Distributions Under Sections 368(a)(1)(D) and 354(b)(1)(B) AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rule making by cross-reference to temporary regulations. SUMMARY: In the Rules and Regulations section of this issue of the Federal Register , the IRS is issuing temporary regulations that provide guidance regarding the qualification of certain transactions as reorganizations described in section 368(a)(1)(D) where no stock and/or securities of the acquiring corporation is issued and distributed in the transaction. These regulations affect corporations engaging in such transactions and their shareholders. The text of those regulations also serves as the text of these proposed regulations. DATES: Written or electronic comments and requests for a public hearing must be received by March 19, 2007. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-125632-06), Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered to CC:PA:LPD:PR (REG-125632-06), Courier Desk, Internal Revenue Service, Crystal Mall 4, 1901 South Bell Street, Arlington, Virginia, or sent electronically, via the IRS Internet site at http://www.irs.gov/regs or via the Federal eRulemaking Portal at http://www.regulations.gov (IRS REG-125632-06). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Bruce A. Decker, (202) 622-7550; concerning submissions of comments, the hearing, and/or to be placed on the access list to attend the hearing, Kelly Banks, (202) 622-7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background Temporary regulations in the Rules and Regulations section of this issue of the Federal Register amend 26 CFR part 1. The temporary regulations provide guidance on circumstances where the distribution of stock and/or securities under section 354(b)(1)(B) will be deemed satisfied in the absence of an actual issuance of stock and/or securities pursuant to a reorganization described in section 368(a)(1)(D). The text of those regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains the amendments. Explanation of Provisions These temporary regulations provide guidance regarding the circumstances in which the distribution requirement under sections 368(a)(1)(D) and 354(b)(1)(B) is deemed satisfied despite the fact that no stock and/or securities are actually issued in a transaction otherwise described in section 368(a)(1)(D). These regulations will affect certain cash sales of assets between two corporations that have the same direct or indirect shareholders or a de minimis variation in shareholder identity and proportionality. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulation does not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written (a signed original and eight (8) copies) or electronic comments that are submitted timely to the IRS. The IRS and Treasury Department request comments on the clarity of the proposed rules and how they can be made easier to understand. The IRS and Treasury Department request comments on several issues relating to acquisitive reorganizations described in section 368(a)(1)(D). Specifically, the IRS and Treasury Department request comments on whether the meaningless gesture doctrine is inconsistent with the distribution requirement in sections 368(a)(1)(D) and 354(b)(1)(B), especially in situations in which the cash consideration received equals the full fair market value of the property transferred such that there is no missing consideration for which the nominal share of stock deemed received and distributed could substitute. The IRS and Treasury Department also request comments on the extent, if any, to which the continuity of interest requirement should apply to a reorganization described in section 368(a)(1)(D). The IRS and Treasury Department request comments on whether these temporary regulations should apply when the parties to the reorganization are members of a consolidated group. Finally, the IRS and Treasury Department request comments on the continued vitality of various liquidation-reincorporation authorities after the enactment of the Tax Reform Act of 1986, Public Law 99-514 (100 Stat. 2085 (1986)). All comments will be available for public inspection and copying. A public hearing will be scheduled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register . Drafting Information The principal author of these regulations is Bruce A. Decker, Office of Associate Chief Counsel (Corporate). List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1—INCOME TAXES Paragraph 1 . The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2 . Section 1.368-2 is amended by revising paragraph (l) to read as follows: § 1.368-2 Definition of terms. (l) [The text of this proposed amendment to § 1.368-2(l) is the same as the text of § 1.368-2T(l)(1) through (l)(4)(i) published elsewhere in this issue of the Federal Register ] Mark E. Matthews, Deputy Commissioner for Services and Enforcement. [FR Doc. E6-21572 Filed 12-18-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018-AU71 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D: 2008-09 Subsistence Taking of Fish and Shellfish Regulations AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: This proposed rule would establish regulations for fishing seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008-09 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. When final, this rulemaking would replace the fish and shellfish taking regulations included in the “Subsistence Management Regulations for Public Lands in Alaska, Subpart D: 2007-08 Subsistence Taking of Fish and Wildlife Regulations,” which expire on March 31, 2008. This rule would also amend the Customary and Traditional Use Determinations of the Federal Subsistence Board and the General Regulations related to the taking of fish and shellfish. DATES: The Federal Subsistence Board must receive your written public comments and proposals to change this proposed rule no later than March 23, 2007. Federal Subsistence Regional Advisory Councils (Regional Councils) will hold public meetings to receive proposals to change this proposed rule between February 19, 2007, and March 21, 2007. See SUPPLEMENTARY INFORMATION for additional information on the public meetings. ADDRESSES: You may submit proposals by any of the following methods: • E-mail: Subsistence@fws.gov . • Fax: 907-786-3898. • Mail: Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, Alaska 99503. See SUPPLEMENTARY INFORMATION for file formats and other information about electronic filing. The public meetings will be held at various locations in Alaska. See SUPPLEMENTARY INFORMATION for additional information on locations of the public meetings. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; (907) 786-3888. For questions specific to National Forest System lands, contact Steve Kessler, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 786-3592. SUPPLEMENTARY INFORMATION: Public Review Process—Regulation Comments, Proposals, and Public Meetings The Federal Subsistence Program will hold meetings on this proposed rule at the following locations in Alaska: Region 1—Southeast Regional Council, Kake, February 26, 2007 Region 2—Southcentral Regional Council, Anchorage, March 13, 2007 Region 3—Kodiak/Aleutians Regional Council, King Cove, March 12, 2007 Region 4—Bristol Bay Regional Council, Naknek, February 20, 2007 Region 5—Yukon-Kuskokwim Delta Regional Council, Hooper Bay, March 15, 2007 Region 6—Western Interior Regional Council, Aniak, March 6, 2007 Region 7—Seward Peninsula Regional Council, Nome, February 20, 2007 Region 8—Northwest Arctic Regional Council, Kotzebue, March 8, 2007 Region 9—Eastern Interior Regional Council, Arctic Village, March 20, 2007 Region 10—North Slope Regional Council, Barrow, March 1, 2007 We will publish notice of specific dates, times, and meeting locations in local and Statewide newspapers prior to the meetings. We may need to change locations and dates based on weather or local circumstances. The amount of work on each Regional Councils agenda will determine the length of each Regional Council meetings. Electronic filing of comments (preferred method): Please submit electronic comments (proposals) and other data to Subsistence@fws.gov . Please submit as either MS Word or Adobe Acrobat (PDF) files. During May 2007, we will compile and distribute for additional public review the written proposals to change Subpart D fishing regulations and Subpart C customary and traditional use determinations. A 30-day public comment period will follow distribution of the compiled proposal packet. We will accept written public comments on distributed proposals during the public comment period, which is presently scheduled to end on June 29, 2007. We will hold a second series of Regional Council meetings in September and October 2007, at which the Regional Councils will develop recommendations to the Board. You may also present comments on published proposals to change fishing and customary and traditional use determination regulations to the Regional Councils at those fall meetings. The Federal Subsistence Board (Board) will discuss and evaluate proposed changes to the subsistence taking of fish and shellfish regulations during a public meeting to be held in Anchorage in January 2008. You may provide additional oral testimony on specific proposals before the Board at that time. The Board will then deliberate and take final action on proposals received that request changes to this proposed rule at that public meeting. Please Note: The Board will not consider proposals for changes relating to hunting or trapping regulations at this time. The Board anticipates calling for proposed changes to those regulations in August 2007. The Board's review of your comments and fish and shellfish proposals will be facilitated if you provide the following information: (a) Your name, address, and telephone number; (b) The section and/or paragraph of the proposed rule for which your change is being suggested; (c) A statement explaining why the change is necessary; (d) The proposed wording change; (e) Any additional information you believe will help the Board in evaluating your proposal. Proposals that fail to include the above information, or proposals that are beyond the scope of authorities in § _.24, subpart C, and §§ .25, .27, or _.28, subpart D, may be rejected. The Board may defer review and action on some proposals to allow time for local cooperative planning efforts, or to acquire additional needed information, or if workload exceeds work capacity of staff, Regional Councils, or Board. These deferrals will be based on recommendations of the affected Regional Council, staff members, and on the basis of least harm to the subsistence user and the resource involved. Proposals should be specific to customary and traditional use determinations or to subsistence fishing seasons, harvest limits, and/or methods and means. Background Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a joint program to grant a preference for subsistence uses of fish and wildlife resources on public lands, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, preference, and participation specified in sections 803, 804, and 805 of ANILCA. The State implemented a program that the Department of the Interior previously found to be consistent with ANILCA. However, in December 1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska that the rural preference in the State subsistence statute violated the Alaska Constitution. The Court's ruling in McDowell required the State to delete the rural preference from the subsistence statute and, therefore, negated State compliance with ANILCA. The Court stayed the effect of the decision until July 1, 1990. As a result of the McDowell decision, the Department of the Interior and the Department of Agriculture (Departments) assumed, on July 1, 1990, responsibility for implementation of Title VIII of ANILCA on public lands. On June 29, 1990, the Temporary Subsistence Management Regulations for Public Lands in Alaska were published in the Federal Register (55 FR 27114). Consistent with subparts A, B, and C of these regulations, as revised October 14, 2004 (69 FR 60957), the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board's composition includes a Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional Director, U.S. National Park Service; the Alaska State Director, U.S. Bureau of Land Management; the Alaska Regional Director, U.S. Bureau of Indian Affairs; and the Alaska Regional Forester, USDA Forest Service. Through the Board, these agencies participate in the development of regulations for subparts A, B, and C, and the annual subpart D regulations. All Board members have reviewed this proposed rule and agree with its substance. Because this proposed rule relates to public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text would be incorporated into 36 CFR part 242 and 50 CFR part 100. Applicability of Subparts A, B, and C Subparts A, B, and C (unless otherwise amended) of the Subsistence Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to 100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this proposed rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR 242.4 would apply to regulations found in this subpart. Federal Subsistence Regional Advisory Councils Pursuant to the Record of Decision, Subsistence Management Regulations for Federal Public Lands in Alaska, April 6, 1992, and the Subsistence Management Regulations for Federal Public Lands in Alaska, 36 CFR 242.11 (2004) and 50 CFR 100.11 (2004), and for the purposes identified therein, we divide Alaska into 10 subsistence resource regions, each of which is represented by a Regional Council. The Regional Councils provide a forum for rural residents with personal knowledge of local conditions and resource requirements to have a meaningful role in the subsistence management of fish and wildlife on Alaska public lands. The Regional Council members represent varied geographical, cultural, and user diversity within each region. The Regional Councils have a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, the Council Chairs, or their designated representatives, will present their Council's recommendations at the Board meeting in January 2008. Proposed Changes From 2007-08 Seasons and Harvest Limit Regulations Subpart D regulations are subject to an annual cycle and require development of an entire new rule each year. Customary and traditional use determinations (§ _.24 of subpart C) are also subject to an annual review process providing for modification each year. The text of the 2006-07 subparts C and D final rule, as modified by Federal Subsistence Board actions during their January 9-11, 2007, public meeting, serves as the foundation for the 2008-09 subparts C and D proposed rule. Please see the 2006-07 subparts C and D final rule published in the March 29, 2006 (71 FR 15569), issue of the Federal Register . The modifications for 2007-08 made by the Board during their January 2007 meeting may be viewed on the Office of Subsistence Management Web site at www.alaska.fws.gov/asm/home.html . The regulations contained in this proposed rule would take effect on April 1, 2008, unless elements are changed by subsequent Board action following the public review process outlined herein. Conformance With Statutory and Regulatory Authorities National Environmental Policy Act Compliance—A Draft Environmental Impact Statement (DEIS) that described four alternatives for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. That document described the major issues associated with Federal subsistence management as identified through public meetings, written comments, and staff analysis and examined the environmental consequences of the four alternatives. Proposed regulations (subparts A, B, and C) that would implement the preferred alternative were included in the DEIS as an appendix. The DEIS and the proposed administrative regulations presented a framework for an annual regulatory cycle regarding subsistence hunting and fishing regulations (subpart D). The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. Based on the public comment received, the analysis contained in the FEIS, and the recommendations of the Federal Subsistence Board and the Department of the Interior's Subsistence Policy Group, it was the decision of the Secretary of the Interior, with the concurrence of the Secretary of Agriculture, through the U.S. Department of Agriculture-Forest Service, to implement Alternative IV as identified in the DEIS and FEIS (Record of Decision on Subsistence Management for Federal Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the selected alternative in the FEIS defined the administrative framework of an annual regulatory cycle for subsistence hunting and fishing regulations. The final rule for Subsistence Management Regulations for Public Lands in Alaska, subparts A, B, and C (57 FR 22940, published May 29, 1992), implemented the Federal Subsistence Management Program and included a framework for an annual cycle for subsistence hunting and fishing regulations. An environmental assessment was prepared in 1997 on the expansion of Federal jurisdiction over fisheries and is available from the office listed under FOR FURTHER INFORMATION CONTACT . The Secretary of the Interior, with the concurrence of the Secretary of Agriculture determined that the expansion of Federal jurisdiction did not constitute a major Federal action significantly affecting the human environment, and has, therefore, signed a Finding of No Significant Impact. Compliance with section 810 of ANILCA—A section 810 analysis was completed as part of the FEIS process on the Federal Subsistence Management Program. The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. The final section 810 analysis determination appeared in the April 6, 1992, ROD, which concluded that the Federal Subsistence Management Program, under Alternative IV with an annual process for setting hunting and fishing regulations, may have some local impacts on subsistence uses, but it does not appear that the program may significantly restrict subsistence uses. During the environmental assessment process, an evaluation of the effects of this rule was also conducted in accordance with section 810. This evaluation supports the Secretaries' determination that the rule will not reach the “may significantly restrict” threshold for notice and hearings under ANILCA section 810(a) for any subsistence resources or uses. Paperwork Reduction Act—The information collection requirements contained in this rule have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ) and assigned OMB control number 1018-0075, which expires October 31, 2009. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a current valid OMB control number. Economic Effects—This rule is not a significant rule subject to OMB review under Executive Order 12866. This rulemaking will impose no significant costs on small entities; this rule does not restrict any existing sport or commercial fishery on the public lands, and subsistence fisheries will continue at essentially the same levels as they presently occur. The exact number of businesses and the amount of trade that will result from this Federal land-related activity is unknown. The aggregate effect is an insignificant positive economic effect on a number of small entities, such as tackle, boat, and gasoline dealers. The number of small entities affected is unknown; however, the fact that the positive effects will be seasonal in nature and will, in most cases, merely continue preexisting uses of public lands indicates that they will not be significant. In general, the resources to be harvested under this rule are already being harvested and consumed by the local harvester and do not result in an additional dollar benefit to the economy. However, we estimate that about 26.2 million pounds of fish (including about 9 million pounds of salmon) are harvested Statewide by the local subsistence users annually and, if based on a replacement value of $3.00 per pound, would equate to $78.6 million in food value Statewide. The cultural benefits of maintaining a subsistence lifestyle can be of considerable value to the participants. This makes the $78.6 million estimate for the consumptive value of this rule an underestimate of the total benefit. The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq. ) requires preparation of flexibility analyses for rules that will have a significant economic effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. The Departments certify based on the above figures that this rulemaking will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq. ), this rule is not a major rule. It does not have an effect on the economy of $100 million or more, will not cause a major increase in costs or prices for consumers, and does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Title VIII of ANILCA requires the Secretaries to administer a subsistence priority on public lands. The scope of this program is limited by definition to certain public lands. Likewise, these regulations have no potential takings of private property implications as defined by Executive Order 12630. The Secretaries have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq. , that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies and there is no cost imposed on any State or local entities or tribal governments. The Secretaries have determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. In accordance with Executive Order 13132, the rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless it meets certain requirements. In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no significant direct effects. The Bureau of Indian Affairs is a participating agency in this rulemaking. On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, or use. This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. As this rule is not a significant regulatory action under Executive Order 13211, affecting energy supply, distribution, or use, this action is not a significant action and no Statement of Energy Effects is required. Drafting Information—William Knauer drafted these regulations under the guidance of Peter J. Probasco, of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Chuck Ardizzone, Alaska State Office, Bureau of Land Management; Nancy Swanton, Alaska Regional Office, National Park Service; Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler, USDA-Forest Service provided additional guidance. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. For the reasons set out in the preamble, the Federal Subsistence Board proposes to amend 36 CFR 242 and 50 CFR 100 for the 2008-09 regulatory year. The text of the amendments would be the same as the final rule for the 2006-07 regulatory year (71 FR 15569) as modified by Federal Subsistence Board actions on January 9-11, 2007. Dated: December 1, 2006. Peter J. Probasco, Acting Chair, Federal Subsistence Board. Dated: December 1, 2006. Steve Kessler, Subsistence Program Leader, USDA-Forest Service. [FR Doc. 06-9760 Filed 12-18-06; 8:45 am]