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Code · REGISTER · 2007-01-09 · PROPOSED RULES · Unknown

Unknown. Final rule

21,163 words·~96 min read·/register/2007/01/09/07-8

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-01-09.xml --- 72 5 Tuesday, January 9, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency Animal Animal and Plant Health Inspection Service PROPOSED RULES Exportation and importation of animals and animal products: Bovine spongiform encephalopathy; minimal-risk regions; importation of live bovines and products derived from bovines, 1102-1129 07-17 Army Army Department See Engineers Corps NOTICES Privacy Act; systems of records, 956-957 E7-79 Reports and guidance documents; availability, etc.:
DOD Personal Property Program; Transportation Service Provider (TSP)/contractors; Full Replacement Value mandatory requirement, 957 07-30 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Potomac and Anacostia Rivers, Washington, DC and Arlington and Fairfax Counties, VA, 905-907 E7-58 Savannah River, Savannah GA, 907-910 07-38 NOTICES Agency information collection activities; proposals, submissions, and approvals, 970-971 E7-57 Commerce Commerce Department See International Trade Administration RULES Civil monetary penalties inflation adjustment, 900-901 E7-85 Commission of Fine Commission of Fine Arts NOTICES Meetings, 951 07-23 Consumer Consumer Product Safety Commission PROPOSED RULES Federal Hazardous Substances Act:
Children's jewelry containing lead; injury risk; comment request, 920-922 E7-109 Defense Defense Department See Army Department See Engineers Corps See Navy Department NOTICES Meetings: Defense Health Board, 951-952 07-24 Privacy Act; systems of records, 952-956 E6-21942 07-25 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 960-961 E7-76 E7-77 Grants and cooperative agreements; availability, etc.: Safe and drug free schools program— Prevention of High-Risk Drinking or Violent Behavior Among College Students; correction, 962 E7-105 Meetings:
National Board for Education Sciences, 962 07-16 Election Election Assistance Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 962-963 07-27 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Hanford Site, WA, 964 E7-87 Savannah River Site, SC, 963-964 E7-86 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Dover Dam, Tuscarawas County, OH, 958 07-29 EPA Environmental Protection Agency NOTICES Meetings:
Coastal Elevations and Sea Level Rise Advisory Committee, 964-965 E7-90 Reports and guidance documents; availability, etc.: Clean Air Interstate Rule Federal Implementation Plan Trading Programs; EGU NOx annual and NOx ozone season allocations, 965 E7-91 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency RULES Special programs: Hurricane disaster programs, 875-887 E7-88 FAA Federal Aviation Administration RULES Airworthiness directives:
BAE Systems (Operations) Ltd., 895-897 E6-22537 Bell Helicopter Textron Canada, 889-892 E7-39 Stemme GmbH & Co., 892-894 E6-22620 Class D airspace, 897-898 07-8 Class E airspace, 898-899 07-7 Standard instrument approach procedures, 899-900 E7-30 PROPOSED RULES Airworthiness directives: Robinson Helicopter Co., 918-920 07-26 Federal Election Federal Election Commission RULES Purpose of disbursement entries for filings; finance reports by political committees and other persons, 887-889 E7-65 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations:
Various States, 926-935 E7-133 NOTICES Disaster and emergency areas: Illinois, 971-972 E7-117 Oregon, 972 E7-116 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Accounting and reporting requirements for nonoperating public utilities and licensees, 922-926 E6-22692 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 1049-1050 E7-80 E7-81 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 965-966 E7-103 Federal Motor Federal Motor Carrier Safety Administration NOTICES Driver qualifications; vision requirement exemptions, 1050-1057 E7-96 E7-97 E7-98 E7-99 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Change in bank control, 966 E7-83 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 966 07-54 Federal Transit Federal Transit Administration RULES Industry guides: Nurseries, 901-902 E7-52 Organization, functions, and procedures: Public transportation systems; emergency procedures, 910-913 E7-102 NOTICES Transit operations; prohibited drug use and alcohol misuse prevention: Large transit employers; random drug and alcohol testing rates, 1057-1058 07-43 Fine Arts Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:
Findings on petitions, etc.— Polar bear, 1064-1099 06-9962 NOTICES Environmental statements; notice of intent: Medicine Lake National Wildlife Refuge Complex, MT; comprehensive conservation plan, 972-973 E7-72 Food Food and Drug Administration NOTICES Meetings: In vitro diagnostic multivariate index assays, 967-968 07-93 Medical Devices 101: An Educational Forum; public workshop, 968 07-92 Vaccines and Related Biological Products Advisory Committee, 968-969 07-28 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration NOTICES Scientific misconduct findings; administrative actions:
Park, Jong Hyuk, Ph.D., 966-967 E7-42 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 969-970 E7-94 Meetings: Migrant Health National Advisory Council, 970 E7-95 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:
Qualified amended returns, 902-905 E6-22645 International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel plate from— Romania, 936 E7-55 Freshwater crawfish tail meat from— China, 936-937 E7-44 Hand trucks and certain parts thereof from— China, 937-947 E7-45 Honey from— China, 947-948 E7-54 Wooden bedroom furniture from— China, 948-949 E7-100 Reports and guidance documents; availability, etc.: Antidumping methodologies: market economy inputs, expected non-market economy wages, and duty drawback, 949-951 E7-56 Labor Labor Department NOTICES Grants and cooperative agreements; availability, etc.:
Central America; strengthening career civil service systems of labor inspectorates, 1010-1027 E6-22457 Central America; strengthening labor systems, establishing worker rights centers, 995-1010 E6-22454 Central America and Dominican Republic; strengthening labor law compliance in the agricultural sector, 975-995 E6-22456 Land Land Management Bureau NOTICES Withdrawal and reservation of lands: Arizona, 973-974 E7-82 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 1027-1029 E7-75 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
Arts Advisory Panel, 1029 E7-107 National National Institute for Literacy NOTICES Meetings: Advisory Board, 1029-1030 E7-66 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 974-975 E7-121 Navy Navy Department NOTICES Privacy Act; systems of records, 958-960 E7-78 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Kaiser Aluminum & Chemical Corp. Tulsa Site, OK, 1032-1033 E7-73 *Applications, hearings, determinations, etc.:* Nuclear Management Co., LLC, et al., 1030-1032 E7-74 Office of U.S.
Trade Office of United States Trade Representative See Trade Representative, Office of United States Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 1034 07-41 Personnel Personnel Management Office PROPOSED RULES Civil service regulations: Student loans repayment, 914-918 E7-101 Postal Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 1034 07-40 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees:
Health and Human Services Department of; Citizens Health Care Working Group, assignment of functions to the Secretary (Memorandum of January 5, 2007), 1131-1133 07-67 Public Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-68 1058-1059 E7-69 E7-70 E7-71 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: FBR Fund Advisers, Inc., et al., 1034-1036 E7-60 Sun Life Assurance Company of Canada (U.S.) et al., 1036-1040 E7-61 Self-regulatory organizations; proposed rule changes:
American Stock Exchange LLC, 1040-1041 E7-62 NYSE Arca, Inc., 1042-1049 E7-59 E7-63 E7-64 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 1059-1060 E7-53 Trade Trade Representative, Office of United States NOTICES Reports and guidance documents; availability, etc.: Intellectual property rights and market access; identification of countries that deny adequate protection, 1033-1034 E7-108 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau See Thrift Supervision Office See United States Mint U.S.
Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 1060 E7-106 Veterans Veterans Affairs Department NOTICES Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 1060-1061 07-15 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 1064-1099 06-9962 Part III Agriculture Department, Animal and Plant Health Inspection Service, 1102-1129 07-17 Part IV Executive Office of the President, Presidential Documents, 1131-1133 07-67 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 5 Tuesday, January 9, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 760 RIN 0560-AH45 2005 Section 32 Hurricane Disaster Programs; 2006 Livestock Assistance Grant Program AGENCY: Farm Service Agency, USDA.
ACTION: Final rule. SUMMARY: This final rule sets forth the Farm Service Agency
(FSA)regulations for the 2005 Section 32 Hurricane Disaster Programs in response to emergency agricultural situations caused by the 2005 hurricanes Dennis, Katrina, Ophelia, Rita, and Wilma in certain counties in Alabama, Florida, Louisiana, Mississippi, North Carolina, and Texas. The rule establishes four hurricane disaster programs to provide funds to eligible producers who suffered eligible losses, and a grant program that will provide funds to the respective States to enable them to assist aquaculture producers having losses related to the aforementioned hurricanes. This final rule also sets forth provisions related to the 2006 Livestock Assistance Grant Program. DATES: This final rule is effective January 8, 2007. FOR FURTHER INFORMATION CONTACT: Diane Sharp, Director, Production, Emergencies, and Compliance Division; Farm Service Agency; United States Department of Agriculture, STOP 0517, 1400 Independence Avenue, SW., Washington, DC 20250-0517; telephone
(202)720-7641; e-mail *Diane.Sharp@wdc.usda.gov* . SUPPLEMENTARY INFORMATION: Discussion of Final Rule In 2005 hurricanes Dennis, Katrina, Ophelia, Rita, and Wilma, in applicable counties in Alabama, Florida, Louisiana, Mississippi, North Carolina, and Texas, destroyed and damaged trees, killed livestock, and adversely impacted crop production, including aquaculture, thus severely limiting the purchasing power of farmers engaged in the production of agricultural commodities. Section 32 of the Act of August 24, 1935, as amended (Section 32), provides discretionary authority for the Secretary of Agriculture (the Secretary) to use Section 32 funds to reestablish farmers' purchasing power by making payments to them in connection with the normal production of agricultural commodities produced for domestic consumption. The FSA published an interim final rule on May 10, 2006, with a 30-day comment period which ended on June 9, 2006. The interim final rule provided that the Secretary would use an estimated $250 million in funds available under Section 32 to restore purchasing power to farmers affected by the significant and widespread destruction caused by the named hurricanes, in those counties in the named States that received a Presidential or Secretarial Designation as a primary county. Accordingly, for eligible losses suffered as a result of the aforementioned hurricanes, the Secretary determined that assistance would be provided by establishment of four hurricane disaster programs to provide direct payments to eligible producers who suffered eligible losses; and one grant program that will provide funds to the named States in order to enable these States to assist aquaculture producers. These programs include:
(1)Hurricane Indemnity Program (HIP),
(2)Feed Indemnity Program (FIP),
(3)Livestock Indemnity program (LIP),
(4)Tree Indemnity Program (TIP), and
(5)Aquaculture Grant Program. These programs operate under regulations codified in 7 CFR part 760. Comments and Changes to Final Rule Seven respondents provided comments to FSA during the 30-day comment period. One comment was received from an individual, four comments were received from associations representing various producer interests, and two comments were received from advocacy organizations. All comments received were in support of the 2005 Section 32 Hurricane Disaster Programs and expressed the need for the programs because of the losses caused by hurricane destruction. Some of the commenters addressed issues about other, already existing regulations and issues which were not part of the interim final rule for which no comments were invited. Therefore, these issues are not addressed. A few editorial changes have been made in the text of the regulation for clarity and to facilitate the application of the regulations. The definition of deer has been removed because it, as provided in the interim rule, did not include all categories of eligible deer. • *Comment:* Three commenters expressed concern that the disaster programs were not available to producers in DeSoto County, Florida. *Response:* This rule addressed the hurricane destruction only in those counties in the named States that received a Presidential or Secretarial Designation as a primary county. DeSoto County was not so designated and therefore the disaster programs are not available for losses in that county. No change to the final rule was made as a result of these comments. • *Comment:* One commenter expressed concern that payments under TIP would be paid only to eligible owners. *Response:* The text of the background of the interim rule did state that TIP payments would be provided to eligible owners. However, the regulatory text at 760.502 is actually broader in that TIP payments are also made to those who bear financial responsibility and who have incurred costs, which includes lessees. Accordingly, no change to the final rule was made as a result of this comment. • *Comment:* Two commenters sought clarification of the provisions which describe the exclusion from these disaster programs of individuals or entities whose adjusted gross income
(AGI)is in excess of $2.5 million without including the stipulation that individuals or entities are eligible if 75% or more of the $2.5 million is earned from agricultural enterprises. *Response:* A change to the final rule will be made to clarify the provision that an individual or entity may be considered to meet the AGI requirements if not less than 75% of the individual's or entity's average AGI for the three tax years immediately preceding the applicable crop year is derived from farming or ranching operations. • *Comment:* One commenter suggested that the initial breeding and raising of horses should be deemed part of agricultural production, and that horses are an agricultural product regardless of the activity in which the horse may be used. Therefore, the definitions of “commercial use” and “farming operation” should be modified to indicate a commercial horse breeding operation, by itself, would satisfy the applicable definitions. *Response:* FSA does not agree that a horse, or any animal, is an agricultural product without regard to the purpose, use, or activity for which it is used. Regardless of whether the animal is a horse, goat, sheep, cattle or other livestock, no animal is automatically considered an agricultural product based solely on the kind of livestock. No change to the final rule was made as a result of this comment. • *Comment:* One commenter questioned why FIP excludes “* * * donkeys, mules, or other large solid-hoofed herbivorous mammals” but LIP includes “* * * mule or donkey.” *Response:* Each of these two livestock programs was designed to be consistent with previous livestock programs implemented by FSA. Administering similar programs in a consistent manner reduces the burden placed on producers and ensures that these programs are consistent with similar previous FSA programs. Accordingly, FSA determined to include equine animals (horses, donkeys, and mules) as an eligible category under LIP, and determined to include horses as an eligible category of livestock because of the change in the definition of livestock included in Public Law 109-97. No change to the final rule was made as a result of this comment. • *Comment:* One commenter suggested that the word “produced” be removed from the requirements for eligibility under both FIP and LIP as it pertains to animals because, the commenter claimed, animals such as race horses would thus not be eligible if they were produced for reasons other than commercial use as part of a farming operation. *Response:* The purpose and use of any animal, including a horse, is critical to determining whether the requirements of Section 32 are met. Any animal, including a horse, which was produced and maintained for reasons other than commercial use as part of a farming operation would not meet the criteria required under the authority provided by Section 32. No change to the final rule was made as a result of this comment. • *Comment:* One commenter requested clarification as to what FSA deems to be farming or ranching activities for these disaster programs. *Response:* FSA defers to how the producer classified and reported the income of the farming enterprise to IRS. The producer decision of how to report such income reflects the business practices of that enterprise. FSA determinations about such farming or ranching activities, when necessary, will be determined by documents filed with IRS for the applicable year. No change to the final rule was made as a result of this comment. • *Comment:* Two commenters expressed concern about HIP providing disaster benefits to eligible producers who receive either a Federal Crop Insurance Program or the Non Insured Crop Disaster Assistance Program
(NAP)payment. One commenter asked that FSA let “small and limited farmers and ranchers participate in this program without regard to having received * * *” such a payment. Another commenter asked that FSA waive the requirement for those who agree to obtain coverage in the future, stating that the limitations of HIP payments to those who receive either a crop insurance or NAP payment places a disproportionate impact upon limited resource and socially disadvantaged farmers. *Response:* Of the 5 disaster programs offered under the 2005 Section 32 Hurricane Disaster Programs, only HIP benefits are predicated on participants having received a crop insurance or NAP payment. HIP is a “top up” program that will supplement crop insurance or NAP payments because of emergency agricultural situations that crop insurance or NAP payments did not adequately meet. Because HIP is intended to supplement crop insurance or NAP payments, waiving this requirement for those who agree to obtain coverage in the future would delay implementation of the program. Also, both NAP and the catastrophic level of crop insurance are available at no cost to limited resource producers who request that the fees for same be waived. Further, some previous disaster programs have had the stipulation that payments be made based on the proviso that future coverage be obtained and in many instances such future coverage was not obtained. No change to the final rule was made as a result of this comment. • *Comment:* One commenter stated that under HIP there seemed no need for FSA to determine that a producer who applies for benefits will be eligible to receive a payment if damage occurred due to an eligible hurricane and due to a cause of loss which includes hurricanes. *Response:* A change to section 760.202(a)(3)(vi) in the final rule will be made to delete “hurricane.” • *Comment:* One commenter stated concern that no rationale is offered for excluding FIP assistance for losses of beef cattle, buffalo/beefalo, and dairy cattle weighing less than 500 pounds and that because many producers have realized drastically lower-than-projected income from their 2005 calves, FIP assistance for these producers for all of their livestock losses is critical to restoring their buying power. *Response:* The purpose of FIP is to provide monetary assistance to eligible livestock owners, or cash lessees, for feed losses or increased feed costs that occurred as a result of an applicable hurricane. The program is not designed or authorized to provide assistance for the loss or reduction of projected income. In general, livestock under a certain weight are normally still nursing and obtaining most of their nutrition from their mother. Therefore, generally, there is no, or minimal, feed loss associated with respect to such animals. No change to the final rule was made as a result of this comment. • *Comment:* One commenter expressed concern that there would be insufficient funds to cover all losses, thus producing a ‘first-come, first-serve’ allocation system that would favor the most informed producers without accounting for less informed producers who are at least equally in need of assistance. *Response:* FSA is confident that sufficient funds are available to cover all eligible losses. These programs are available to all eligible producers on an equal basis. No change to the final rule was made as a result of this comment. • *Comment:* One commenter urged FSA to provide for producers who suffered eligible losses in multiple counties to apply for disaster benefits in one county office; and absent this provision, to make the date a producer files his first application in any county office the application date for his filings in all other county offices. *Response:* Based on the fact that severe devastation occurred, very little documentation is available to support reported losses. Therefore FSA determined to require producers to apply in each county where loss occurred in order to enable each FSA county office to validate the loss in that county and to maintain the integrity of the program. As stated previously, FSA is confident that sufficient funds are available to cover all losses so there is no need for time-stamping when an application is filed. No change to the final rule was made as a result of this comment. • *Comment:* One commenter asks that payments under these Section 32 programs not be subject to administrative offset. *Response:* The Debt Collection Improvement Act of 1996 requires that, with only limited exceptions such as loan proceeds from the federal Farm Loan Program, all federal disbursements be subject to administrative offset. No change to the final rule was made as a result of this comment. • *Comment:* One commenter asked that the dates of the application period be included in the rule. *Response:* The application period for the disaster programs began on May 17, 2005, prior to the comment period deadline. As yet no end date has been established. To arbitrarily include an end date for the application period in the final rule might limit the time during which applications can be taken, to the detriment of some eligible producers. No change to the final rule was made as a result of this comment. Producers will be notified of the end of the enrollment period through the issuance of press releases and newsletters. • *Comment:* One commenter stated that the tomato is a fruit grown on a vine and thus meets the definition of vine and should be eligible for benefits under the disaster programs. *Response:* The tomato plant grows with a weak, woody, inflexible stem and, is traditionally considered to be a vegetable for farm program purposes. 2006 Section 32 Livestock Assistance Grant Program Since the issuance of the interim rule that established the 2005 Section 32 Disaster Programs, USDA has determined that significant losses of forage have occurred in several States as the result of severe droughts. As a result of this determination, and taking into account the limited availability of Section 32 funds, FSA will administer a limited program to provide assistance to livestock producers where forage was adversely affected by drought in counties reaching D3 or D4 Drought on the U.S. Drought Monitor, during March 7 to August 31, 2006, in the States of: Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin and Wyoming. Under the Livestock Assistance Grant Program, FSA will provide grants to the State governments of these States to assist livestock producers who suffered forage losses as part of a farming operation in eligible counties. Among other conditions in the grant, the amount of each grant will be based on the number of adult beef cattle and sheep from each eligible county uniformly prorated to insure that available funding is not exceeded. Accordingly, a new Subpart H is added to 7 CFR Part 760. Executive Order 12866 This rule has been determined to be economically significant under Executive Order 12866 and has been reviewed by the Office of Management and Budget. A Cost-Benefit Analysis was completed and is summarized below. It is also available from the contact person cited above. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). Executive Order 12612 This rule does not have Federalism implications that warrant the preparation of a Federalism Assessment. This rule will not have a substantial direct effect on States or their political subdivisions, or on the distribution of power and responsibilities among the various levels of government. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988. This rule is not retroactive and it does not preempt State law. Before any judicial action may be brought regarding the provisions of this rule the administrative appeal provisions of 7 CFR parts 11 and 780 must be exhausted. Unfunded Mandates Reform Act of 1995 This rule contains no Federal mandates under the regulatory provisions of Title II of the UMRA for State, local, and tribal government or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, the Office of Management and Budget
(OMB)has approved the information collection required to support this program and assigned it OMB Control number 0560-0257. Copies of the information collection may be obtained from Debbie O'Donoghue, phone: (202)720-6605; e-mail: *Debbie.Odonoghue@wdc.usda.gov.* Small Business Regulatory Enforcement Fairness Act of 1996 The Small Business Regulatory Enforcement Fairness Act of 1996, (Pub. L. 104-121) (SBREFA) requires that an agency delay the effective date of a major rule for 60 days from the date of publication to allow for Congressional review. This rule has not been determined to be major under SBREFA. In addition, section 808 of SBREFA allows an agency to make a major regulation effective immediately if the agency finds there is good cause to do so. Accordingly, FSA finds that it would be contrary to the public interest to delay implementation of this rule because it would significantly delay assistance to the many people affected by the hurricane disasters addressed by this rule. This rule is thus effective immediately. Environmental Evaluation The environmental impacts of this rule have been considered consistent with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 *et seq.* , the regulations of the Council on Environmental Quality (40 CFR parts 1500 1508), and regulations of the Farm Service Agency
(FSA)of the Department of Agriculture
(USDA)for compliance with NEPA, 7 CFR part 799. A Programmatic Environmental Assessment
(PEA)was completed and it was determined that the Proposed Action does not have the potential to significantly impact the quality of the human environment, and, therefore, FSA has issued a Finding of No Significant Impact (FONSI) with respect to the 2005 Hurricane Assistance programs which include the Hurricane Indemnity Program, Feed Indemnity Program, Livestock Indemnity program, Tree Indemnity Program, Aquaculture Grant Program, and the 2006 Livestock Assistance Grant Program. A copy of the Final PEA and FONSI are on file and available to the public in the Administrative Record at the address specified in the ADDRESSES section of this rule. Government Paperwork Elimination Act FSA is committed to compliance with the Government Paperwork Elimination Act
(GPEA)and the Freedom to E-File Act, which require Government agencies in general and FSA in particular to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. The regulation is available at *http://www.fsa.usda.gov* under the heading ‘Other Partners.’ Applications may be submitted at the FSA county offices. E-Government Act Compliance CCC is committed to complying with the E-Government Act to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-GOV compliance related to this rule, please contact the person named above under the information contact section. Summary of Economic Impacts As a result of 2005 hurricanes, 261 counties in Alabama, Florida, Louisiana, Mississippi, North Carolina, and Texas were designated as Presidential and Secretarial primary disaster counties. A wide variety of crops were damaged because of the diversity of production in the affected areas. Damaged crops include feed grains, soybeans, upland cotton, rice, sugarcane, nursery plants, fruits, vegetables, pecans, pasture, livestock, poultry, and aquaculture. In response to this situation, FSA established four hurricane disaster programs for producers and a grant program for affected States. Their respective impacts are summarized as follows: 1. *HIP.* HIP payments are expected to be about $59 million. This estimate is based on 30 percent of the sum of the total payments reported by the RMA and total payment estimates for the NAP program. According to RMA, crop loss indemnities are estimated at $187 million. Based on the participation rates in the hurricane impacted States, it is estimated that approximately $10 million will be issued under NAP. Thus, HIP payments are estimated to total about $56 million (.30 × $187 million) plus about $3 million (.30 × $10 million). Therefore, crop loss payments are estimated to total about $59 million. 2. *FIP.* The value of expected claims under the 2005 FIP is approximately $5 million. For those producers who have suffered losses due to the 2005 hurricanes, and qualify for payments under the 2005 FIP, their farm income losses will be somewhat offset or reduced by these payments, and they and their local communities will benefit accordingly. 3. *LIP.* The value of expected claims under the 2005 LIP is $25 million based on projections from applications on file as of September 5, 2006. The impacts of the LIP on any sector of the economy, including livestock feed prices, livestock prices, and consumer prices, are not expected to be measurable. However, for those producers who have suffered losses due to the 2005 hurricanes, and qualify for payments under the LIP, their farm income losses will be somewhat offset or reduced by these payments, and they and their local communities will benefit accordingly. 4. *TIP.* FSA estimates the cost of the TIP to be between $31.6 million and $56.6 million with a point estimate of $35.1 million. Over 90 percent of the program funds will go to the Florida citrus industry. 5. *Aquaculture grants* were provided as follows: Alabama, $5,037,500; Florida, $3,662,500; Louisiana, $4,512,500; Mississippi, $10,762,500; North Carolina, $312,500; and Texas, $712,500. Funding of $25 million was expended. 6. *Livestock Grant Program.* To provide assistance to livestock producers whose forage has been adversely impacted by severe drought in 2006, $50 million has been allocated for block grants to States. Based on the counties declared drought disaster areas and NASS statistics on the number of livestock in each applicable county of each State, funds are being distributed as follows: Livestock Assistance Grant Program State Grant amount ($) Alabama 976,011 Arizona 2,405,043 Arkansas 2,015,485 Colorado 1,283,883 Florida 149,705 Georgia 11,391 Kansas 948,511 Louisiana 958,437 Minnesota 704,980 Mississippi 759,916 Missouri 2,726,909 Montana 933,443 Nebraska 3,627,091 New Mexico 1,512,932 North Dakota 1,807,850 Oklahoma 6,594,374 South Dakota 4,299,137 Texas 16,101,487 Wisconsin 575,062 Wyoming 1,608,352 Grand Total 50,000,000 List of Subjects for 7 CFR Part 760 Disaster assistance, Hurricane, Indemnity payments, Livestock. For the reasons set forth above, the interim rule of May 10, 2006, amending 7 CFR part 760 is adopted as final with the following changes: PART 760—INDEMNITY PAYMENT PROGRAMS 1. The authority citation for part 760 continues to read as follows: Authority: 7 U.S.C. 612c; Pub. L. 106-387, 114 Stat. 1549; Pub. L. 107-76, 115 Stat. 704. 2. Subparts B through G are revised and subpart H is added to read as follow: Subpart B—General Provisions for the 2005 Section 32 Hurricane Disaster Programs Sec. 760.101 Eligible counties, hurricanes and disaster periods. 760.102 Applicability. 760.103 Administration of HIP, FIP, LIP, and TIP. 760.104 Definitions. 760.105 Application for payment. 760.106 Limitations on payments and other benefits. 760.107 Appeals. 760.108 Offsets, assignments, and debt settlement. 760.109 Records and inspections thereof. 760.110 Refunds; joint and several liability. 760.111 Paperwork Reduction Act assigned number. Subpart C—Hurricane Indemnity Program 760.201 Applicability. 760.202 Producer eligibility. 760.203 Payment calculation. Subpart D—Feed Indemnity Program 760.301 Applicability. 760.302 Definitions. 760.303 Eligible livestock and producers. 760.304 Application process. 760.305 Payment calculation. Subpart E—Livestock Indemnity Program 760.401 Applicability. 760.402 Definitions. 760.403 Eligible owners, contract growers and livestock. 760.404 Application process. 760.405 Payment calculation. Subpart F—Tree Indemnity Program 760.501 Applicability. 760.502 Eligible producers and stands. 760.503 Application process. 760.504 Payment calculation. Subpart G—Aquaculture program 760.601 Funds availability. Subpart H—2006 Livestock Assistance Grant Program 760.701 Funds availability. Subpart B—General Provisions for the 2005 Section 32 Hurricane Disaster Programs § 760.101 Eligible counties, hurricanes and disaster periods. Producers who have suffered certain losses due to 2005 Hurricanes Dennis, Katrina, Ophelia, Rita, and Wilma (2005 hurricanes) in the following counties (eligible counties) are eligible to enroll in the programs made available under subparts B through F of this part. The ‘Disaster Period’ is the time period in which losses occurred that would be considered eligible for the programs under subparts B through F of this part. Funds for the programs in subparts B through G are made available under Section 32 of the Act of August 24, 1935, as amended (Section 32). State County Disaster period DENNIS KATRINA OPHELIA RITA WILMA Alabama Autauga 7/10/05-9/8/05 Alabama Baldwin 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Bibb 8/29/05-10/28/05 Alabama Butler 7/10/05-9/8/05 Alabama Chambers 7/10/05-9/8/05 Alabama Choctaw 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Clarke 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Clay 7/10/05-9/8/05 Alabama Cleburne 7/10/05-9/8/05 Alabama Coffee 7/10/05-9/8/05 Alabama Colbert 8/29/05-10/28/05 Alabama Conecuh 7/10/05-9/8/05 Alabama Covington 7/10/05-9/8/05 Alabama Crenshaw 7/10/05-9/8/05 Alabama Cullman 8/29/05-10/28/05 Alabama Dallas 7/10/05-9/8/05 Alabama Escambia 7/10/05-9/8/05 Alabama Geneva 7/10/05-9/8/05 Alabama Greene 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Hale 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Henry 7/10/05-9/8/05 Alabama Houston 7/10/05-9/8/05 Alabama Jefferson 8/29/05-10/28/05 Alabama Lamar 8/29/05-10/28/05 Alabama Lauderdale 8/29/05-10/28/05 Alabama Lowndes 7/10/05-9/8/05 Alabama Macon 7/10/05-9/8/05 Alabama Marengo 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Marion 8/29/05-10/28/05 Alabama Mobile 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Monroe 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Perry 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Pickens 8/29/05-10/28/05 Alabama Pike 7/10/05-9/8/05 Alabama Randolph 7/10/05-9/8/05 Alabama Sumter 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Tuscaloosa 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Washington 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Wilcox 7/10/05-9/8/05 8/29/05-10/28/05 Alabama Winston 8/29/05-10/28/05 Florida Bay 7/10/05-9/8/05 8/24/05-10/23/05 Florida Brevard 10/23/05-12/22/05 Florida Broward 8/24/05-10/23/05 10/23/05-12/22/05 Florida Calhoun 7/10/05-9/8/05 Florida Charlotte 10/23/05-12/22/05 Florida Collier 8/24/05-10/23/05 10/23/05-12/22/05 Florida Dixie 7/10/05-9/8/05 Florida Escambia 7/10/05-9/8/05 8/24/05-10/23/05 Florida Franklin 7/10/05-9/8/05 8/24/05-10/23/05 Florida Gadsden 7/10/05-9/8/05 Florida Glades 10/23/05-12/22/05 Florida Gulf 7/10/05-9/8/05 8/24/05-10/23/05 Florida Hardee 10/23/05-12/22/05 Florida Hendry 10/23/05-12/22/05 Florida Highlands 10/23/05-12/22/05 Florida Holmes 7/10/05-9/8/05 Florida Indian River 10/23/05-12/22/05 Florida Jackson 7/10/05-9/8/05 Florida Jefferson 7/10/05-9/8/05 Florida Lee 10/23/05-12/22/05 Florida Leon 7/10/05-9/8/05 Florida Levy 7/10/05-9/8/05 Florida Liberty 7/10/05-9/8/05 Florida Martin 10/23/05-12/22/05 Florida Miami-Dade 8/24/05-10/23/05 10/23/05-12/22/05 Florida Monroe 7/10/05-9/8/05 8/24/05-10/23/05 10/23/05-12/22/05 Florida Okaloosa 7/10/05-9/8/05 8/24/05-10/23/05 Florida Okeechobee 10/23/05-12/22/05 Florida Palm Beach 10/23/05-12/22/05 Florida St. Lucie 10/23/05-12/22/05 Florida Santa Rosa 7/10/05-9/8/05 8/24/05-10/23/05 Florida Sarasota 10/23/05-12/22/05 Florida Taylor 7/10/05-9/8/05 Florida Wakulla 7/10/05-9/8/05 Florida Walton 7/10/05-9/8/05 8/24/05-10/23/05 Florida Washington 7/10/05-9/8/05 Louisiana Acadia 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Allen 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Ascension 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Assumption 8/29/05-10/28/05 Louisiana Avoyelles 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Beauregard 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Bienville 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Bossier 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Caddo 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Calcasieu 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Caldwell 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Cameron 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Catahoula 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Claiborne 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Concordia 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana De Soto 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana East Baton Rouge 8/29/05-10/28/05 Louisiana East Carroll 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana East Feliciana 8/29/05-10/28/05 Louisiana Evangeline 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Franklin 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Grant 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Iberia 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Iberville 8/29/05-10/28/05 Louisiana Jackson 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Jefferson 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Jefferson Davis 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Lafayette 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Lafourche 8/29/05-10/28/05 Louisiana La Salle 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Lincoln 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Livingston 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Madison 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Morehouse 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Natchitoches 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Orleans 8/29/05-10/28/05 Louisiana Ouachita 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Plaquemines 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Pointe Coupee 8/29/05-10/28/05 Louisiana Rapides 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Red River 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Richland 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Sabine 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana St. Bernard 8/29/05-10/28/05 Louisiana St. Charles 8/29/05-10/28/05 Louisiana St. Helena 8/29/05-10/28/05 Louisiana St. James 8/29/05-10/28/05 Louisiana St. John the Baptist 8/29/05-10/28/05 Louisiana St. Landry 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana St. Martin 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana St. Mary 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana St. Tammany 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Tangipahoa 8/29/05-10/28/05 Louisiana Tensas 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Terrebonne 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Union 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Vermilion 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Vernon 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana Washington 8/29/05-10/28/05 Louisiana Webster 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana West Baton Rouge 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana West Carroll 8/29/05-10/28/05 9/23/05-11/22/05 Louisiana West Feliciana 8/29/05-10/28/05 Louisiana Winn 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Adams 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Alcorn 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Amite 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Attala 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Benton 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Bolivar 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Calhoun 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Carroll 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Chickasaw 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Choctaw 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Claiborne 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Clarke 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Clay 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Coahoma 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Copiah 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Covington 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi De Soto 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Forrest 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Franklin 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi George 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Greene 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Grenada 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Hancock 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Harrison 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Hinds 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Holmes 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Humphreys 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Issaquena 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Itawamba 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Jackson 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Jasper 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Jefferson 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Jefferson Davis 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Jones 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Kemper 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Lafayette 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Lamar 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Lauderdale 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Lawrence 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Leake 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Lee 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Leflore 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Lincoln 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Lowndes 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Madison 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Marion 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Marshall 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Monroe 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Montgomery 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Neshoba 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Newton 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Noxubee 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Oktibbeha 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Panola 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Pearl River 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Perry 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Pike 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Pontotoc 8/29/05-10/28/05 Mississippi Prentiss 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Quitman 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Rankin 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Scott 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Sharkey 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Simpson 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Smith 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Stone 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Sunflower 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Tallahatchie 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Tate 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Tippah 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Tishomingo 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Tunica 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Union 8/29/05-10/28/05 Mississippi Walthall 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Warren 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Washington 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Wayne 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Webster 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Wilkinson 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Winston 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Yalobusha 8/29/05-10/28/05 9/23/05-11/22/05 Mississippi Yazoo 8/29/05-10/28/05 9/23/05-11/22/05 North Carolina Brunswick 9/11/05-11/10/05 North Carolina Carteret 9/11/05-11/10/05 North Carolina Craven 9/11/05-11/10/05 North Carolina Dare 9/11/05-11/10/05 North Carolina Hyde 9/11/05-11/10/05 North Carolina Jones 9/11/05-11/10/05 North Carolina New Hanover 9/11/05-11/10/05 North Carolina Onslow 9/11/05-11/10/05 North Carolina Pamlico 9/11/05-11/10/05 North Carolina Pender 9/11/05-11/10/05 Texas Angelina 9/23/05-11/22/05 Texas Brazoria 9/23/05-11/22/05 Texas Chambers 9/23/05-11/22/05 Texas Cherokee 9/23/05-11/22/05 Texas Fort Bend 9/23/05-11/22/05 Texas Galveston 9/23/05-11/22/05 Texas Gregg 9/23/05-11/22/05 Texas Hardin 9/23/05-11/22/05 Texas Harris 9/23/05-11/22/05 Texas Harrison 9/23/05-11/22/05 Texas Houston 9/23/05-11/22/05 Texas Jasper 9/23/05-11/22/05 Texas Jefferson 9/23/05-11/22/05 Texas Liberty 9/23/05-11/22/05 Texas Marion 9/23/05-11/22/05 Texas Montgomery 9/23/05-11/22/05 Texas Nacogdoches 9/23/05-11/22/05 Texas Newton 9/23/05-11/22/05 Texas Orange 9/23/05-11/22/05 Texas Panola 9/23/05-11/22/05 Texas Polk 9/23/05-11/22/05 Texas Rusk 9/23/05-11/22/05 Texas Sabine 9/23/05-11/22/05 Texas San Augustine 9/23/05-11/22/05 Texas San Jacinto 9/23/05-11/22/05 Texas Shelby 9/23/05-11/22/05 Texas Trinity 9/23/05-11/22/05 Texas Tyler 9/23/05-11/22/05 Texas Walker 9/23/05-11/22/05 § 760.102 Applicability.
(a)This part establishes the terms and conditions under which the following programs will be administered with respect to producers affected by 2005 hurricanes in eligible counties:
(1)Hurricane Indemnity Program (HIP);
(2)Feed Indemnity Program (FIP);
(3)Livestock Indemnity Program (LIP);
(4)Tree Indemnity Program (TIP); and
(5)Aquaculture grants to States.
(b)The amount that may be expended for payments under subparts B through G of this part shall not exceed the amount of Section 32 funds made available by the Secretary for the administration of these programs.
(c)To be eligible for payments under these programs, producers must comply with all applicable provisions under subparts B through G of this part and, in the case of State grants, by the State. § 760.103 Administration of HIP, FIP, LIP, and TIP.
(a)These programs are administered under the general supervision of the Administrator, FSA.
(b)FSA representatives do not have authority to modify or waive any of the provisions of the regulations of subparts B through F of this part.
(c)The State FSA committee shall take any action required by the regulations of subparts B through F of this part that the county FSA committee has not taken. The State committee shall also:
(1)Correct, or require a county committee to correct, any action taken by such county committee that is not in accordance with the regulations of subparts B through F of this part; or
(2)Require a county committee to withhold taking any action that is not in accordance with subparts B through F of this part.
(d)No provision or delegation to a State or county FSA committee shall preclude the Administrator, FSA, Deputy Administrator for Farm Programs, FSA or a designee or other such person, from determining any question arising under the program or from reversing or modifying any determination made by a State or county FSA committee. § 760.104 Definitions. The following definitions in this section apply to the programs in subparts B through G of this part. The terms defined in part 718 of this chapter and parts 1400 and 1437 of this title shall also be applicable, except where they conflict with the definitions set forth in this section. *Application* means the ‘2005 Hurricane Disaster Programs Application' form issued by FSA. *Application period* means the date established by the Deputy Administrator for producers to apply for program benefits. *Bush* means a thick densely branched woody shrub grown for the production of an annual crop for commercial market for human consumption. *Commercial use* means used in the operation of a business activity engaged in as a means of livelihood for profit by the eligible producer. *Crop insurance* means an insurance policy reinsured by the Federal Crop Insurance Corporation under the provisions of the Federal Crop Insurance Act, as amended. *Farming operation* means a business enterprise engaged in the production of agricultural products. *Fruit tree* means a woody perennial plant having a single main trunk, commonly exceeding 10 feet in height and usually devoid of branches below, but bearing a head of branches and foliage or crown of leaves at the summit that is grown for the production of an annual crop, including nuts, for commercial market for human consumption. *Owner* means one who had legal ownership of the trees, bushes, vines, or livestock for which benefits are being requested under subparts B through F, on the day such plant or livestock perished or suffered losses due to an eligible hurricane as set forth § 760.101. *Stand* means a contiguous acreage of the same crop of trees, bushes, or vines, and excludes container-grown crops. *Tier* means the geographic bands of damage generally correlating to the severity of damage caused by the maximum sustained winds of the applicable hurricanes. *Vine* means a plant from which an annual fruit crop is produced for commercial market for human consumption, such as grape, kiwi, or passion fruit, that has a flexible stem supported by climbing, twining, or creeping along a surface. § 760.105 Application for payment.
(a)A producer who applies for any program under subparts B through F shall file an application and any required supporting documentation in the county FSA office serving the county where the eligible loss occurred; or in the case of FIP, where the eligible livestock were physically located on the applicable date.
(b)The application must be filed during the application period announced by FSA.
(c)Payments may be made for eligible losses suffered by an eligible producer who is now deceased or is a dissolved entity if a representative who currently has authority to enter into a contract for the producer signs the application for payment. Proof of authority to sign for the deceased producer or dissolved entity must be provided. If a producer is now a dissolved general partnership or joint venture, all members of the general partnership or joint venture at the time of dissolution or their duly authorized representatives must sign the application for payment.
(d)Data furnished by the applicant will be used to determine eligibility for program benefits. Furnishing the data is voluntary; however, without all required data program benefits will not be approved or provided.
(e)A minor child shall be eligible to apply for program benefits so long as all eligibility requirements are met and one of the following conditions exist:
(1)The right of majority has been conferred upon the minor by court proceedings or statute;
(2)A guardian has been appointed to manage the minor's property, and the applicable program documents are executed by the guardian; or
(3)A bond is furnished under which a surety guarantees any loss incurred for which the minor would be liable had the minor been an adult. § 760.106 Limitations on payments and other benefits.
(a)Separate payment limitations apply to HIP, FIP, LIP, and TIP. No ‘person’ as determined under part 1400 of this title shall receive more than $80,000 under each of these programs.
(b)An individual or entity whose adjusted gross income is in excess of $2.5 million, as determined under part 1400 of this title, shall not be eligible to receive benefits under this part for HIP, FIP, LIP, and TIP; except that the individual or entity may be considered to meet the adjusted gross income requirement if not less than 75 percent of the individual's or entity's average adjusted gross income for the three tax years immediately preceding the applicable crop year is derived from farming or ranching operations.
(c)As a condition to receive benefits under subparts B through F, a producer must have been in compliance with the provisions of parts 12 and 718 of this title for the 2005 crop year and must not otherwise be barred from receiving benefits under any law.
(d)An individual or entity determined to be a foreign person under part 1400 of this title shall not be eligible to receive benefits under subparts B through F of this part. § 760.107 Appeals. The appeal regulations set forth at parts 11 and 780 of this title apply to determinations made pursuant to subparts B through F of this part. § 760.108 Offsets, assignments, and debt settlement.
(a)Except as provided in paragraph
(b)of this section, any payment or portion thereof to any producer shall be made without regard to questions of title under State law and without regard to any claim or lien against the commodity, or proceeds thereof, in favor of the owner or any other creditor except agencies of the U.S. Government. The regulations governing offsets and withholdings found at part 792 of this chapter apply to payments made under subparts B through F of this part.
(b)Any producer entitled to any payment may assign any payments in accordance with regulations governing the assignment of payments found at part 1404 of this title. § 760.109 Records and inspection thereof. Producers receiving payments under the programs in subparts B through F or any other person who furnishes information for the purposes of enabling such producer to receive a payment under subparts B through F of this part shall maintain any books, records, and accounts supporting any information so furnished for 3 years following the end of the year during which the application for payment was filed. Producers receiving payments or any other person who furnishes such information to FSA shall permit authorized representatives of USDA and the General Accounting Office during regular business hours to inspect, examine, and to allow such persons to make copies of such books, records, and to enter upon, inspect and verify all applicable livestock and acreage in which the applicant has an interest for the purpose of confirming the accuracy of the information provided by the applicant. § 760.110 Refunds; joint and several liability. In the event there is a failure to comply with any term, requirement, or condition for payment or assistance arising under subparts B through F of this part, and if any refund of a payment to FSA shall otherwise become due in connection with this part, all payments made in regard to such matter shall be refunded to FSA together with interest and late-payment charges as provided for in part 792 of this chapter. § 760.111 Paperwork Reduction Act assigned number. The information collection required to support the regulations of subparts B through F of this part has been approved by OMB and assigned OMB control number 0560-0257. Subpart C—Hurricane Indemnity Program § 760.201 Applicability. This subpart sets forth the terms and conditions applicable to the Hurricane Indemnity Program (HIP). Benefits will be provided under this subpart to producers who have received a crop insurance indemnity from the Risk Management Agency
(RMA)based on the associated loss criteria set forth in § 760.202(a)(1) as provided to FSA by RMA; and to producers who have received Noninsured Crop Disaster Assistance Program
(NAP)payments under part 1437 of this title based on the provisions of § 760.202(a)(1). HIP benefits will be provided under this subpart to eligible producers who suffered losses due to 2005 hurricanes as set forth in § 760.101. § 760.202 Producer eligibility. A producer who applies for benefits under this subpart will be eligible to receive a payment if both of the following apply:
(a)The producer received a crop insurance indemnity from RMA or a NAP payment under part 1437 of this title for crop losses:
(1)In an eligible county;
(2)Recorded by RMA or FSA as being due to a 2005 hurricane and the loss occurred during a disaster period as set forth in § 760.101; and
(3)Were due to any of the following causes of loss:
(i)Excessive moisture, precipitation, and/or rain;
(ii)Flood;
(iii)Excessive wind;
(iv)Cyclone;
(v)Tornado;
(vi)Tropical depression;
(vii)Storm surge; or
(viii)Salinity due to salt water intrusion; and
(b)An application is filed in accordance with § 760.105. § 760.203 Payment calculation. The disaster benefits under this subpart will be equal to the smaller of:
(a)30 percent of the RMA crop insurance indemnity or 30 percent of the NAP payment for eligible crop losses as provided in § 760.202(a)(1), and adding the crop insurance premium for the indemnity as provided in § 760.202(a)(1); or
(b)95 percent of the expected value of the crop in the absence of a disaster, as determined by RMA for insured crops, using information from the crop policy; and by FSA for NAP crops, using the producer's price and yield, minus the following:
(1)The value of the production as counted by RMA for insured crops to establish the indemnity and by FSA for NAP crops to establish the NAP payment;
(2)The crop's eligible indemnity or NAP payment for eligible crop losses determined in accordance with § 760.202(a)(1); and
(3)Adding the crop insurance premium for the indemnity as provided in § 760.202(a)(1). Subpart D—Feed Indemnity Program § 760.301 Applicability. This subpart sets forth the terms and conditions applicable to the Feed Indemnity Program (FIP). FIP benefits will be provided under this subpart to eligible owners and cash lessees, but not both, for the same livestock, for feed losses or increased feed costs that occurred in eligible counties during the disaster period as set forth in § 760.101. § 760.302 Definitions. The following definitions are applicable for all purposes of administering FIP. *Adult beef bulls* means male bovine animals that were at least 2 years old and used for breeding purposes on the beginning date of the applicable disaster period as set forth in § 760.101. *Adult beef cows* means female bovine animals that had delivered one or more offspring before the beginning date of the applicable disaster period as set forth in § 760.101. A first-time bred beef heifer shall also be considered an adult beef cow if it was pregnant on the beginning date of the applicable disaster period as set forth in § 760.101. *Adult buffalo and beefalo bulls* means male animals of those breeds that were at least 2 years old and used for breeding purposes on the beginning date of the applicable disaster period as set forth in § 760.101. *Adult buffalo and beefalo cows* means female animals of those breeds that had delivered one or more offspring before the beginning date of the applicable disaster period as set forth in § 760.101. A first-time bred buffalo or beefalo heifer shall also be considered to be an adult buffalo or beefalo cow if it was pregnant on the beginning date of the applicable disaster period as set forth in § 760.101. *Adult dairy bulls* means male bovine animals of a breed used for producing milk for human consumption that were at least 2 years old and used for breeding dairy cows on the beginning date of the applicable disaster period as set forth in § 760.101. *Adult dairy cows* means female bovine animals used for the purpose of providing milk for human consumption, that had delivered one or more offspring before the beginning date of the applicable disaster period as set forth in § 760.101. A first-time bred dairy heifer shall also be considered an adult dairy cow if it was pregnant on the beginning date of the applicable disaster period as set forth in § 760.101. *Goats* means domesticated, ruminant mammals of the genus Capra, including Angora goats. *Horses* means domesticated horses, and does not include donkeys, mules or other large solid-hoofed herbivorous mammals. *Non-adult beef cattle* means male, female or neutered male bovine animals that weighed 500 pounds or more on the beginning date of the applicable disaster period as set forth in § 760.101, but do not meet the definition of adult beef cows or bulls. *Non-adult buffalo/beefalo* means male, female or neutered male animals of those breeds that weighed 500 pounds or more on the beginning date of the applicable disaster period as set forth in § 760.101, but do not meet the definition of an adult buffalo or beefalo cow or bull. *Non-adult dairy cattle* means male, female or neutered male bovine livestock, of a breed used for the purpose of providing milk for human consumption, that weighed 500 pounds or more on the beginning date of the applicable disaster period as set forth in § 760.101, but do not meet the definition adult dairy cows or bulls. *Sheep* means domesticated, ruminant mammals of the genus *Ovis.* § 760.303 Eligible livestock and producers.
(a)To be considered eligible, livestock must meet all the following conditions:
(1)Be adult or non-adult dairy cattle, beef cattle, buffalo, beefalo, horses, sheep, goats or deer as defined in § 760.302;
(2)Been physically located in an eligible county on the beginning date of the applicable disaster period as set forth in § 760.101;
(3)Been maintained for commercial use as part of a farming operation on the beginning date of the applicable disaster period as set forth in § 760.101;
(4)Not have been produced and maintained for reasons other than commercial use as part of a farming operation. Such excluded uses include, but are not limited to wild free roaming animals or animals used for recreational purposes, such as pleasure, hunting, pets, or for show.
(b)To be considered an eligible livestock producer, a producer must have:
(1)Owned or cash-leased, but not both for the same livestock, eligible livestock on the beginning date of the applicable disaster period as provided in § 760.101; and
(2)Suffered a feed loss or an increased feed cost during the applicable disaster period as set forth in § 760.101 with respect to feed used for the eligible livestock. § 760.304 Application process.
(a)Applicants must submit to FSA a completed application in accordance with § 760.105, and any other supporting documentation as determined by FSA to be necessary to make a determination of the eligibility of the applicant. Supporting documents include but are not limited to: Purchase records; veterinarian records; bank or other loan papers; rendering truck receipts; Federal Emergency Management Agency and National Guard records; written contracts; production records; Internal Revenue Service
(IRS)records; property tax records; private insurance documents; and other similar documents. § 760.305 Payment calculation.
(a)FIP payments are calculated by multiplying the national payment rate for each of the following livestock categories by the number of eligible livestock in each category. The payment rate represents the cost of the amount of corn needed to maintain 1 animal unit for a specified period of time.
(b)The eligible livestock categories are:
(1)Adult beef cows or bulls;
(2)Non-adult beef cattle;
(3)Adult buffalo or beefalo cows or bulls;
(4)Non-adult buffalo or beefalo;
(5)Adult dairy cows or bulls;
(6)Non-adult dairy cattle;
(7)Goats;
(8)Sheep;
(9)Horses; and
(10)Deer. Subpart E—Livestock Indemnity Program § 760.401 Applicability.
(a)This subpart sets forth the terms and conditions applicable to the Livestock Indemnity Program (LIP). Benefits will be provided under this subpart to eligible livestock owners and contract growers, but not both for the same livestock loss, for certain livestock deaths that occurred in eligible counties during the disaster period as set forth in § 760.101.
(b)Eligible livestock owners and contract growers will be compensated in accordance with § 760.405 for eligible livestock deaths that occurred in eligible counties during the disaster period as set forth in § 760.101. § 760.402 Definitions. The following definitions are applicable for all purposes of administering LIP. *Adult beef bull* means a male bovine animal that was at least 2 years old and used for breeding purposes before it died. *Adult beef cow* means a female bovine animal that had delivered one or more offspring before dying. A first-time bred beef heifer shall also be considered an adult beef cow if it was pregnant at the time it died. *Adult buffalo and beefalo bull* means a male animal of those breeds that was at least 2 years old and used for breeding purposes before it died. *Adult buffalo and beefalo cow* means a female animal of those breeds that had delivered one or more offspring before dying. A first-time bred buffalo or beefalo heifer shall also be considered an adult buffalo or beefalo cow if it was pregnant at the time it died. *Adult dairy bull* means a male bovine animal of a breed used for producing milk for human consumption that was at least 2 years old and used for breeding dairy cows before it died. *Adult dairy cow* means a female bovine animal used for the purpose of providing milk for human consumption that had delivered one or more offspring before dying. A first-time bred dairy heifer shall also be considered an adult dairy cow if it was pregnant at the time it died. *Buck* means a male goat. *Contract* means, with respect to contracts for the handling of livestock, a written agreement between a livestock owner and another individual or entity setting the specific terms, conditions and obligations of the parties involved regarding the production of livestock or livestock products. *Doe* means a female goat. *Equine animal* means a domesticated horse, mule or donkey. *Ewe* means a female sheep. *Goat* means a domesticated, ruminant mammal of the genus *Capra,* including Angora goats. Goats will be further delineated by sex (bucks and does) and age (kids). *Kid* means a goat less than 1 year old. *Lamb* means a sheep less than 1 year old. *Non-adult beef cattle* means male, female or neutered male bovines that do not meet the definition of adult beef cows or bulls. *Non-adult beef cattle* is further delineated by weight categories of less than 400 pounds, and 400 pounds or more at the time they died. *Non-adult buffalo or beefalo* means a male, female or neutered male animal of those breeds that do not meet the definition of adult buffalo/beefalo cow or bull. *Non-adult buffalo or beefalo* is further delineated by weight categories of less than 400 pounds, and 400 pounds or more at the time of death. *Non-adult dairy cattle* means male, female or neutered male bovine livestock, of a breed used for the purpose of providing milk for human consumption, that do not meet the definition of adult dairy cows or bulls. *Non-adult dairy cattle* is further delineated by weight categories of less than 400 pounds, and 400 pounds or more at the time they died. *Poultry* means domesticated chickens, turkeys, ducks and geese. *Poultry* will be further delineated by sex, age and purpose of production, as determined by FSA. *Ram* means a male sheep. *Sheep* means domesticated, ruminant mammals of the genus *Ovis. Sheep* will be further delineated by sex (rams and ewes) and age (lambs). *Swine* means domesticated omnivorous pigs, hogs, and boars. *Swine* will be further delineated by sex and weight as determined by FSA. § 760.403 Eligible owners, contract growers and livestock.
(a)To be considered eligible, a livestock owner must have had legal ownership of the eligible livestock on the day the livestock died.
(b)To be considered eligible, a contract grower on the day the livestock died must have had:
(1)A written agreement with the owner of eligible livestock setting the specific terms, conditions and obligations of the parties involved regarding the production of livestock; and
(2)Control of the livestock that died.
(c)To be considered eligible, livestock must meet all the following:
(1)Be adult or non-adult dairy cattle, beef cattle, buffalo, beefalo, equine, sheep, goats, swine, poultry or deer.
(2)Died as a direct result of an applicable disaster, in an eligible county and during the applicable disaster period as set forth in § 760.101;
(3)Been maintained for commercial use as part of a farming operation on the day they died; and before dying;
(4)Not have been produced or maintained for reasons other than commercial use as part of a farming operation, including but not limited to wild free roaming animals or animals used for recreational purposes, such as pleasure, hunting, pets, or for show. § 760.404 Application process.
(a)Applicants must submit to FSA a completed application in accordance with § 760.105 and other supporting documents as determined by FSA to be necessary for making determinations of the eligibility of the applicant. Supporting documents must show: evidence of loss; current physical location of livestock in inventory; and physical location of claimed livestock at the time of death.
(b)Applicants must provide adequate proof that the death of the eligible livestock occurred during the applicable disaster period, and the death was a direct result of the occurrence of a 2005 hurricane as provided in § 760.101. The quantity and kind of livestock that died as a direct result of the applicable disaster may be documented by: Purchase records; veterinarian records; bank or other loan papers; rendering truck receipts; Federal Emergency Management Agency and National Guard records; written contracts; production records; IRS records; property tax records; private insurance documents; and any other similar documents.
(c)Certifications of livestock deaths by third parties may be accepted only if both the following conditions are met:
(1)The livestock owner or livestock contract grower, as applicable, certifies in writing:
(i)That there is no other documentation of death available;
(ii)The number of livestock, by category as determined by the Deputy Administrator, in inventory at the time the applicable disaster occurred;
(iii)Other details necessary for FSA to determine the certification acceptable; and
(2)The third party has provided to FSA their telephone number and address, and a statement containing:
(i)Specific details about their knowledge of the livestock deaths;
(ii)Their affiliation to the livestock owner or contract grower; and
(iii)The accuracy of the deaths claimed by the livestock owner or contract grower; and
(iv)Other details necessary for FSA to determine the certification acceptable. § 760.405 Payment calculation.
(a)Under LIP, separate payment rates are established for eligible livestock owners and eligible contract growers in accordance with paragraphs
(b)and
(c)of this section. LIP payments are calculated by multiplying the national payment rate, as determined in paragraphs
(b)and
(c)of this section, by the number of eligible livestock in each category, as provided in paragraph
(d)of this section. The payment calculated for an eligible contract grower for an eligible livestock category shall be reduced by the amount of any compensation received from the contractor for the loss of income from the dead livestock.
(b)The LIP payment rate for eligible livestock owners is based on 75 percent of the average fair market value of the livestock.
(c)The LIP payment rates for eligible contract growers is based on 75 percent of the average income loss sustained by the contract grower with respect to the dead livestock.
(d)The categories of eligible livestock are as follows:
(1)Adult beef cows;
(2)Adult beef bulls;
(3)Non-adult beef cattle;
(4)Adult buffalo or beefalo cows;
(5)Adult buffalo or beefalo bulls;
(6)Non-adult buffalo/beefalo;
(7)Adult dairy cows;
(8)Adult dairy bulls;
(9)Non-adult dairy cattle;
(10)Swine, sows, boars, barrows, gilts over 150 pounds;
(11)Swine, sows, boars, barrows, gilts 50 to 150 pounds;
(12)Swine, feeder pigs under 50 pounds;
(13)Goats, bucks;
(14)Goats, does;
(15)Goats, kids;
(16)Sheep, rams;
(17)Sheep, ewes;
(18)Sheep, lambs;
(19)Deer;
(20)Chickens, layers, roasters;
(21)Chickens, broilers, pullets;
(22)Chickens, chicks;
(23)Turkeys, toms, fryers, roasters;
(24)Turkeys, poults;
(25)Ducks;
(26)Ducks, ducklings;
(27)Geese, goose;
(28)Geese, gosling; and
(29)Equine. Subpart F—Tree Indemnity Program § 760.501 Applicability.
(a)This subpart sets forth the terms and conditions applicable to the Tree Indemnity Program (TIP). Benefits will be provided under this subpart for eligible fruit trees, bushes, and vines that were lost or damaged during the disaster period as set forth in § 760.101.
(b)Compensation will be based on expenses incurred for replanting, rehabilitation, cleanup, and debris removal.
(c)No benefits shall be provided when the loss:
(1)Occurred in any county other than an eligible county, or
(2)Was not the result of an eligible disaster as set forth in § 760.101. § 760.502 Eligible producers and stands.
(a)An eligible fruit tree, bush, and/or vine producer is one who bears financial responsibility and who has incurred costs of at least $90 per acre for replanting, rehabilitation, cleanup, or debris removal, excluding crop production.
(b)An eligible stand must:
(1)Be physically located in an eligible county;
(2)Have been impacted during a 2005 hurricane as set forth in § 760.101; and
(3)Be grown for commercial use. § 760.503 Application process.
(a)Applicants must submit a completed application and report of acreage identifying the geographic location and number of acres in the disaster-affected stand of claimed fruit trees, bushes, and vines in accordance with part 718 of this chapter, and any other supporting documentation for FSA to determine the eligibility of the applicant.
(b)Applicants must certify and provide adequate proof that the expenses incurred to eligible fruit trees, bushes, or vines occurred during the applicable disaster period and that the loss or damage was a direct result of a 2005 hurricane, as set forth in § 760.101.
(c)The quantity and kind of fruit trees, bushes, or vines that died or were damaged as a result of the applicable disaster may be documented by; purchase records; bank or other loan documents; Federal Emergency Management Agency and National Guard records; IRS records; property tax records; private insurance documents; and similar documents. § 760.504 Payment calculation.
(a)TIP payments shall be calculated by multiplying the following national payment rate for the applicable tier by the number of eligible acres, excluding but not limited to such things as drainage ditches and canals, in a stand of fruit trees, bushes, or vines by the producer's share in such crop:
(1)Tier I—$750;
(2)Tier II—$300;
(3)Tier III—$200; and
(4)Tier IV—$90.
(b)If the actual expenses incurred for damage are greater than the value associated with the tier based on the location of the stand, the applicant may submit documentation to FSA to request the stand be placed in the next lower-numbered tier which represents a greater level of loss and a higher payment rate. Regardless of the expenses incurred the stand can only be placed in the next lower-numbered tier. Subpart G—Aquaculture Program § 760.601 Funds availability. FSA will provide block grants to the states of Alabama, Florida, Louisiana, Mississippi, North Carolina and Texas where aquaculture was adversely affected by 2005 hurricanes as set forth in § 760.101. Producers in eligible counties in those states who raise aquaculture species in a controlled environment as part of a farming operation and who have not received assistance under other disaster programs for the same aquaculture losses are eligible to receive these funds. Funds provided by a State to a farming operation under such a grant shall not exceed $80,000. Subpart H—2006 Livestock Assistance Grant Program § 760.701 Funds availability. FSA will administer a limited program to provide assistance to livestock producers where forage was adversely affected by drought in counties reaching D3 or D4 Drought on the U.S. Drought Monitor, during March 7 to August 31, 2006, in the States of: Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin and Wyoming. Under the Livestock Assistance Grant Program, FSA will provide grants to the State governments of these States to assist livestock producers who suffered forage losses as part of a farming operation in eligible counties. The amount of each grant will be based on the number of adult beef cattle and sheep from each eligible county uniformly prorated to insure that available funding is not exceeded. Producers in eligible counties in those States who suffered forage losses as part of a farming operation are eligible for assistance under these grants. Among other conditions of these grants, assistance provided by a State under such a grant to an applicant shall not exceed $10,000, except for general partnerships and joint ventures in which case assistance shall not exceed $10,000 times the number of members that constitute the general partnership or joint venture. Signed in Washington, DC January 4, 2007. Teresa C. Lasseter, Administrator, Farm Service Agency. [FR Doc. E7-88 Filed 1-8-07; 8:45 am] BILLING CODE 3410-05-P FEDERAL ELECTION COMMISSION 11 CFR Part 104 [Notice 2006—23] Statement of Policy: “Purpose of Disbursement” Entries for Filings With the Commission AGENCY: Federal Election Commission. ACTION: Statement of Policy. SUMMARY: Political committees and other persons required to file campaign finance reports with the FEC must itemize certain disbursements and, for each itemized disbursement, must provide information including a brief description of the purpose of the disbursement. The “purpose of disbursement” entry, when considered along with the identity of the disbursement recipient, must be sufficiently specific to make the purpose of the disbursement clear. The guidance below includes a non-exhaustive list of “purpose of disbursement” entries that are generally acceptable, and a non-exhaustive list of terms that are generally not acceptable. DATES: Effective as of January 9, 2007. FOR FURTHER INFORMATION CONTACT: Richard T. Ewell, Attorney, 999 E Street, NW., Washington, DC 20463,
(202)694-1650 or
(800)424-9530, or Debbie Chacona, Branch Chief, Party/Non-Party Branch, Reports Analysis Division, 999 E Street, NW., Washington, DC 20463,
(202)694-1130 or
(800)424-9530. SUPPLEMENTARY INFORMATION: Political committees and other persons required to file campaign finance reports with the FEC must itemize certain disbursements and, for each itemized disbursement, must provide the full name and address of the recipient, the date the disbursement was made, and a brief statement or description of why the disbursement was made. *See* 2 U.S.C. 434(b); 11 CFR 104.3(b)(3) and (4), 104.10(b)(4), 104.17(b)(3) and 300.36(b)(2)(iii). The “purpose of disbursement” entry, when considered along with the identity of the disbursement recipient, must be sufficiently specific to make the purpose of the disbursement clear. 11 CFR 104.3(b)(3)(i)(B) and (4)(i)(A). The Commission's regulation requiring a description of the purpose of each itemized disbursement includes examples of descriptions that are acceptable ( *e.g.* , “dinner expenses,” “salary,” “travel expenses”) and examples that are unacceptable ( *e.g.* , “advance,” “miscellaneous”). Neither list is exhaustive. The Commission solicited comments on a draft of this policy statement on November 2, 2006. Two comments were received. After reviewing the comments received, the Commission has decided to publish the policy statement with one change. As suggested by a commenter, the Commission has added “Consulting-Political” to the examples of generally insufficient descriptions. In light of this change, the Commission has also added examples of descriptions that would be generally sufficient, such as “Consulting-Media,” “Consulting-Fundraising,” “Consulting-Polling,” “Consulting-Legal” and “Consulting-Get-Out-The-Vote.” The Commission recognizes that the “purpose of disbursement” entries, when linked to information provided about the recipient of the payment, may provide sufficient disclosure. For example, a disbursement to an office supply vendor for the stated purpose of “Supplies” provides adequate and acceptable disclosure, while a disbursement to a committee staff member for the same purpose of “Supplies” would likely trigger a request for a more complete description of the purpose of the disbursement. In the former case, it is obvious to the reader what type of supplies were purchased, while in the latter case, it is not. As a rule of thumb, filers should consider the following question: “Could a person not associated with the committee easily discern why the disbursement was made when reading the name of the recipient and the purpose?” For example, a person not associated with the committee could not easily discern the purpose of a disbursement made to a vendor for “Consulting” (unless the vendor's name makes the purpose clear, *e.g.* , Smith Fundraising Consulting, Inc.). As discussed above, however, if the committee were to provide additional detail with respect to the type of consulting the vendor provided ( *e.g.* , “Fundraising Consulting”), an unassociated person would have no difficultly discerning the purpose of the disbursement. All information on campaign finance reports submitted to the FEC, including the entries for “purpose of disbursement,” are reviewed by analysts in the Reports Analysis Division (RAD). Some campaign finance reports, particularly those filed by presidential campaign committees accepting public funding, are also reviewed by auditors in the Audit Division. In practice, the RAD analysts and the auditors often encounter “purpose of disbursement” entries that are not listed in the examples contained in 11 CFR 104.3(b)(3) and (4), and receive questions from filers regarding acceptable descriptions. Therefore, in order to provide further guidance to filers and to encourage consistency between filers, the Commission is publishing lists of additional generally acceptable and generally unacceptable descriptions. The Commission does not intend to request that a committee provide additional information about a purpose of disbursement entry if the committee uses those descriptions listed below as providing sufficient detail. However, if a committee uses a description that is listed as lacking sufficient detail, a RAD analyst may review the report more closely but the Commission would not automatically take any particular action. In most instances, the Commission will merely contact the reporting committee and the committee may then amend its report. In the rare circumstances in which the Commission deems it necessary to pursue the matter further, the Commission will conduct a separate review of the sufficiency of the description of purpose to determine whether it meets the requirements of 11 CFR 104.3(b). Any future revisions to these lists will be posted on the Commission's Web site at *http://www.fec.gov/law/policy.shtml* . Committees with questions can contact either their assigned RAD analyst (phone:
(800)424-9530 (press 5)) or the FEC Information Division (phone:
(800)424-9530 (press 6); e-mail: *info@fec.gov* ). *Descriptions of purpose that provide sufficient detail:* • “Salary” for a disbursement to a staff member. • “Media” for a disbursement to a television or radio communication company. • “Polling” for a disbursement to a research/communications company. • “Travel,” “Travel Expenses,” or “Travel Expense Reimbursement” for a disbursement to a staff member. • “Printing” for a disbursement to a printing company. • “Phone Banks” for a disbursement to a vendor providing phone bank services. • “Dinner Expense” for a disbursement to a restaurant. • “Catering Cost” for a disbursement to a hotel or restaurant where a fundraiser was held. • “Party Fees” or “Party Annual Dues” for a disbursement to a National Party Committee for their annual dues. • “Exit Polling,” “Door-to-Door Get-Out-the-Vote,” “Get-Out-the-Vote Phone Calls,” or “Driving Voters to the Polls” to individuals or vendors contracted for get-out-the-vote or voter registration activity. • “Supplies” for a disbursement to an office supply vendor. • “Consultant-Media,” “Consultant-Fundraising,” “Consultant-Get-Out-The-Vote,” “Consultant-Legal,” or “Consultant-Polling” for a disbursement to a consultant or consulting company. Descriptions of purposes that generally lack sufficient detail: Administrative Expenses Admin. Advance Bonus Bounty Campaign Expense Campaign Material Charges Collateral Collateral Materials Commission Compensation ( *other than committee staff* ) Consultant Consultant-Political Consulting Consulting Non-FEA Consulting Service Contract Contract Labor Contractual Services Convention Expenses Convention Services Costs Delegate Delegate Expenses Design Discount Fees Election Day Expense Entertainment Event Event Expense Event Reimbursement Event Supplies ( *if to an individual* ) Expenses Expense Reimbursement Fees Fundraising ( *if to an individual* ) Fundraising Event Fundraising Expense ( *if to an individual* ) Fundraising Fees ( *if to an individual* ) Fundraising Supplies ( *if to an individual* ) General Advice General Consulting Generic Campaign Activity Generic Consulting Get-Out-The-Vote or GOTV GOTV Expenses GOTV Labor Invoice Labor Literature Meeting ( *if to an individual* ) Meeting Expenses ( *if to an individual* ) Meeting Supplies ( *if to an individual* ) Miscellaneous or Misc. Miscellaneous Expense Office Expense ( *if to an individual* ) Office Services Outside Services Operating Expenses Other Expenses Production Professional Fees Professional Fees—Consulting Professional Services Promotional Material Publication Push Card Reimbursement Rendered Service Services Services Rendered State Convention Supplies ( *if to an individual* ) Voter Bounty Voter Contact Voter Drive Voter Identification or Voter ID Voter Registration Worker This **Federal Register** notice represents a general statement of policy announcing the general course of action that the Commission intends to follow. This policy statement does not constitute an agency regulation requiring notice of proposed rulemaking, opportunities for public participation, prior publication, and delay in effective date under 5 U.S.C. 553 of the Administrative Procedure Act (“APA”). As such, it does not bind the Commission or any member of the general public. The provisions of the Regulatory Flexibility Act, which apply when notice and comment are required by the APA or another statute, are not applicable. Dated: December 27, 2006. Robert D. Lenhard, Vice Chairman, Federal Election Commission. [FR Doc. E7-65 Filed 1-8-07; 8:45 am] BILLING CODE 6715-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22696; Directorate Identifier 2005-SW-22-AD; Amendment 39-14877; AD 2007-01-06] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron Canada Model 206A, B, L, L-1, L-3, and L-4 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment supersedes an existing airworthiness directive
(AD)for the specified Bell Helicopter Textron Canada
(BHTC)model helicopters. The existing AD currently requires certain inspections and checks of the tail rotor blade (blade) for a deformation, a crack, and a bent or deformed tail rotor weight (weight). Also, that AD requires, before further flight, replacing each blade with an airworthy blade if a deformation, a crack, or a bent or deformed weight is found. This action contains the same actions as the existing AD and also adds to the applicability certain serial-numbered blades inadvertently omitted from the current AD. This action also requires replacing each affected blade, which is a terminating action. This amendment is prompted by three reports of skin cracks originating near the blade trailing edge balance weight. The actions specified by this AD are intended to prevent blade failure and subsequent loss of control of the helicopter. DATES: Effective February 13, 2007. ADDRESSES: You may get the service information identified in this AD from Bell Helicopter Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4, telephone
(450)437-2862 or
(800)363-8023, fax
(450)433-0272. Examining the Docket You may examine the docket that contains this AD, any comments, and other information on the Internet at *http://dms.dot.gov,* or at the Docket Management System (DMS), U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, on the plaza level of the Nassif Building, Washington, DC. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5122, fax
(817)222-5961. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 by superseding AD 2004-24-08, Amendment 39-13884 (69 FR 69810, December 1, 2004), for the specified BHTC model helicopters was published in the **Federal Register** on October 17, 2005 (70 FR 60246). This action contains the same actions as the existing AD. Also, when we issued AD 2004-24-08, we intentionally did not include the long-term requirement (no later than April 27, 2007) for removing and sending the affected blades to Rotor Blades, Inc. as specified by the manufacturer. We are including a long-term requirement in this AD that the affected blades be replaced on or before April 27, 2007, as terminating action. Additionally, in AD 2004-24-08, we inadvertently omitted blade serial numbers 10102 through 10114 from the applicability. We are correcting that oversight with this action. Since issuing AD 2004-24-08, BHTC has issued Alert Service Bulletin 206-04-100 for Bell Model 206A and B helicopters, and 206L-04-127 for Bell Model 206L series helicopters, both Revision C, both dated March 5, 2005 (ASB). These ASBs add two warnings in the compliance section specifying returning the blade for balancing to Rotor Blades, Inc., and introduce new skin damage limits that supersede the previous damage limits. The ASB also gives a new address for Rotor Blades Inc. Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on these helicopter models. Transport Canada advises of three reports of skin cracks originating near the blade trailing edge balance weight. Two of the occurrences caused a loss of the weight and a strip of material along the trailing edge leading to an imbalance, which caused the fracture of three of the four tail rotor gearbox attachments. One of these occurrences resulted in the gearbox shifting that caused failure of the drive shaft and resulting loss of yaw control. Transport Canada issued AD No. CF-2004-05R1, dated June 28, 2004, to ensure the continued airworthiness of these helicopters in Canada. These helicopter models are manufactured in Canada and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, Transport Canada has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed, except for a change in paragraph
(f)of the AD to add additional contact information. This change will neither increase the economic burden on any operator nor increase the scope of the AD. The FAA estimates that this AD will: • Affect 2194 helicopters of U.S. registry, • Take about 1/4 work hour for a blade check or inspection, and • Take 3 work hours to replace a blade at an average labor rate of $65 per work hour. • Cost about $5848 per helicopter. (In its ASB, the manufacturer states it will give warranty credit based on hour usage on the blade with remaining life hours and other restrictions.) Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $19,989,973. Costs assume—200 pilot checks, 26 mechanic inspections, and one blade replacement for 90 percent of the fleet with a nonconforming blade. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the 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 an economic evaluation of the estimated costs to comply with this AD. See the DMS to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by removing Amendment 39-13884 (69 FR 69810, December 1, 2004) and by adding a new airworthiness directive (AD), Amendment 39-14877, to read as follows: **2007-01-06 Bell Helicopter Textron Canada:** Amendment 39-14877. Docket No. FAA-2005-22696; Directorate Identifier 2005-SW-22-AD. Supersedes AD 2004-24-08, Amendment 39-13884, Docket No. 2004-SW-12-AD. Applicability Model 206A, B, L, L-1, L-3, and L-4 helicopters, with a tail rotor blade (blade) with the following part number (P/N) and serial number (S/N) installed, certificated in any category. Model 206A & B; Blade, P/N 206-016-201-133, S/N with prefix “CS” and no “V” suffix Model 206A, B, L, L-1, L-3, & L-4; Blade, P/N 206-016-201-131, S/N with prefix “CS” and no “V” suffix 1381 through 1442 7000 through 7018 10174 through 10218 1492 through 1517 7020 through 7043 10220 1520 through 1542 7045 through 7050 10232 1550 7052 through 7132 10235 1556 7134 through 7246 10237 through 10241 1560 7248 through 7270 10244 1562 7272 through 7277 10245 1564 through 1567 7279 through 7339 10248 1569 through 1606 7342 through 7368 10250 through 10264 1609 7784 10266 through 10268 1611 7786 10270 through 10274 1612 7788 10276 through 10278 1614 through 1631 7790 through 7796 10280 through 10282 1633 through 1675 7798 through 7819 10284 through 10292 1677 7821 through 7833 10296 1678 7835 through 7839 10300 through 10330 1680 through 1682 7841 through 8001 10332 1684 through 1787 8003 through 8026 10333 1789 through 1803 8029 through 8061 10335 through 10347 1810 through 1812 8064 through 8117 10349 1814 8119 10351 through 10359 1816 8121 through 8139 10363 through 10365 1820 8142 through 8176 10367 1823 through 1831 8178 through 8262 10373 1834 through 1836 8264 through 8294 10374 1838 8298 through 8368 10377 through 10385 1840 through 1844 8370 through 8375 10387 through 10408 1846 8378 through 8416 10410 1848 through 1882 8419 10414 through 10417 1884 through 1887 8421 10419 through 10427 1889 through 1893 8425 through 8428 10430 1896 through 1898 8430 through 8438 10432 1900 8440 10437 1904 8441 10438 1909 through 1912 8443 10442 through 10445 1915 8445 through 8447 10458 through 10466 1916 8449 through 8606 10469 1919 through 1921 8608 through 8622 10470 1924 8624 through 8626 10474 1928 through 1931 8628 through 8632 10476 through 10478 1933 8635 through 8653 10480 through 10487 1934 through 1939 8655 through 8686 10489 through 10491 1943 8690 10493 through 10495 1945 8692 through 8700 10497 through 10503 1947 8703 through 8715 10505 through 10588 1948 8717 through 8722 10591 through 10606 1952 through 1957 8724 through 8742 10608 through 10610 1960 8745 through 8828 10612 through 10620 1962 through 1965 8830 through 8835 10623 8838 through 8840 10624 8842 through 8881 10631 through 10655 8883 through 9032 10657 through 10669 9034 through 9139 10672 9141 through 9198 10673 9200 10676 through 10678 9202 through 9302 10680 through 10683 9304 through 9339 10685 9341 through 9371 10687 9373 through 9411 10689 through 10702 9413 10707 9415 through 9417 10712 9419 through 9496 10715 9498 through 9585 10730 9587 through 9594 10732 through 10734 9596 through 9618 10736 9621 through 9629 10738 9632 through 9642 10739 9645 through 9651 10746 9653 through 9673 10750 9675 through 9707 10756 9709 through 9724 10760 9727 through 9731 10761 9733 through 9735 10765 9737 through 9739 10770 9741 through 9748 10774 through 10776 9751 through 9785 10778 9787 10781 9788 10783 through 10785 9790 through 9792 10792 9795 through 9847 10794 9849 through 9928 10798 9930 through 9937 10799 9940 through 9942 10806 through 10808 9944 through 9952 10811 9955 through 9972 10814 through 10822 9974 through 9989 10824 9991 through 9995 10825 9997 through 10004 10829 10006 through 10009 10831 10011 10917 10013 through 10018 10923 10021 through 10030 10931 10034 10936 10036 through 10057 10937 10061 through 10082 10940 10090 through 10092 10943 10094 through 10100 10945 10102 through 10114 10947 10116 10948 10119 10964 10121 10965 10123 through 10134 10973 10136 through 10140 10982 10142 through 10144 10985 10146 through 10172 10986 Compliance Required as indicated. To prevent blade failure and subsequent loss of control of the helicopter, do the following:
(a)Before further flight, unless accomplished previously, and before installing any blade with a P/N and S/N listed in the applicability section of this AD, clean the blade. Using a 10X or higher magnifying glass, inspect both sides of each blade for a deformation, a crack, and a bent or deformed weight in the area shown in Figure 1 of this AD. Note 1: Paint irregularities on the blade may indicate a crack. ER09JA07.003
(b)After doing paragraph
(a)of this AD, at the following intervals, clean both sides of each blade and do either paragraph
(1)or
(2)as follows:
(1)At intervals not to exceed 12 hours time-in-service (TIS), using a 10X or higher magnifying glass, inspect both sides of each blade for a deformation, a crack, and a bent or deformed weight in the area shown in Figure 1 of this AD, or
(2)Inspect and check both sides of each blade for a deformation, a crack, and a bent or deformed weight in the area shown in Figure 1 of this AD as follows:
(i)Using a 10X or higher magnifying glass, inspect at intervals not to exceed 24 hours TIS, and
(ii)Check at intervals not to exceed 3 hours TIS between the inspections required by paragraph (b)(2)(i) of this AD. An owner/operator (pilot), holding at least a private pilot certificate, may perform this visual check and must enter compliance with this paragraph into the helicopter maintenance records by following 14 CFR sections 43.11 and 91.417(a)(2)(v).
(c)Before further flight, replace any blade that has a deformation, a crack, or a bent or deformed weight with an airworthy blade. Note 2: Bell Helicopter Textron Alert Service Bulletin No. 206-04-100 for Model 206A and B and No. 206L-04-127 for Model 206L series, both Revision C, both dated March 5, 2005, pertain to the subject of this AD.
(d)On or before April 27, 2007, for any affected part-numbered blade with a S/N listed in the applicability section of this AD:
(1)Replace the blade with a blade that has a S/N other than one listed in the applicability section of this AD, or
(2)Replace the blade with a blade that has a S/N listed in the applicability section of this AD and also has a “V” suffix.
(e)Replacing each blade with an airworthy blade as required by paragraph
(d)of this AD constitutes terminating action for the requirements of this AD.
(f)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Safety Management Group, Rotorcraft Directorate, FAA, ATTN: Sharon Miles, Aviation Safety Engineer, Regulations and Guidance Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5122, fax
(817)222-5961, for information about previously approved alternative methods of compliance.
(g)This amendment becomes effective on February 13, 2007. Note 3: The subject of this AD is addressed in Transport Canada (Canada) AD No. CF-2004-05R1, dated June 28, 2004. Issued in Fort Worth, Texas, on December 26, 2006. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-39 Filed 1-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [FAA-2006-26518; Directorate Identifier 2006-CE-84-AD; Amendment 39-14874; AD 2007-01-03] RIN 2120-AA64 Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT Gliders AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: During certification works it was found that the cooling liquid EVANS NPG+ is flammable. The liquid cooling circuit of the Stemme S10-VT is not designed to be filled with a flammable liquid without prior modifications. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective January 29, 2007. The Director of the Federal Register approved the incorporation by reference of Stemme F&D Service Bulletin A31-10-076 Am. Index: 01.a, dated October 9, 2006, listed in this AD as of January 29, 2007. We must receive comments on this AD by February 8, 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 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: Greg Davison, Glider Program Manager, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone:
(816)329-4130; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The 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 AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2006-0311-E, dated October 11, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that: During certification works it was found that the cooling liquid EVANS NPG+ is flammable. The liquid cooling circuit of the Stemme S10-VT is not designed to be filled with a flammable liquid without prior modifications. For that reason, this Emergency AD requires the replacement of the EVANS NPG+ cooling liquid. In addition, the operation limit of the cylinder head temperature must be temporary changed to 120°C/248°F. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Stemme GmbH & Co. KG has issued Stemme F&D Service Bulletin A31-10-076 Am. Index: 01.a, dated October 9, 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 the 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 issuing 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 have also required 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 AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the cooling liquid is flammable. The liquid cooling circuit of the Stemme S10-VT is not designed to be filled with a flammable liquid without prior modifications, and this could result in a fire. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-26518; Directorate Identifier 2006-CE-84-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of 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 AD. 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 AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-01-03 Stemme GMBH & Co. KG:** Amendment 39-14874; Docket No. FAA-2006-26518; Directorate Identifier 2006-CE-84-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective January 29, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Model S10-VT gliders, serial numbers 11-001 through 11-104, certificated in any category. Reason
(d)The mandatory continuing airworthiness information
(MCAI)states that: During certification works it was found that the cooling liquid EVANS NPG+ is flammable. The liquid cooling circuit of the Stemme S10-VT is not designed to be filled with a flammable liquid without prior modifications. For that reason, this Emergency AD requires the replacement of the EVANS NPG+ cooling liquid. In addition, the operation limit of the cylinder head temperature must be temporary changed to 120 °C/248 °F. Actions and Compliance
(e)Prior to further flight as of January 29, 2007 (the effective date of this AD), unless already done, do the following actions.
(1)Replace the EVANS NPG+ cooling liquid in accordance with the instructions of Stemme F&D Service Bulletin A31-10-076 Am. Index: 01.a, dated October 9, 2006;
(2)Amend the Limitations and Normal Procedures Sections of the Airplane Flight Manual
(AFM)to include the temporary operation limit of the cylinder head temperature to 120 °C/248 °F. This may be accomplished by inserting a copy of this AD into the AFM, affecting pages 2-3, 2-6, and 4-12;
(3)Apply two red lines on the Cylinder Head Temperature Gauge for the L/H and R/H cylinder head temperature at 120 °C/248 °F; and
(4)Replace the radiator cap part number 922075 (0.9 bar/13 psi) (or FAA approved equivalent) with a new radiator cap part number 922070 (1.2 bar/18 psi) (or FAA approved equivalent). Rotax Aircraft Engines Service Instruction SI-25-1997 R8 and Rotax Service Bulletin Sb-914-029 R2 reference this requirement. FAA AD Differences Note: This AD differs from the MCAI and/or service information by adding the action to replace the radiator cap. Other FAA AD Provisions
(f)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, ATTN: Greg Davison, Glider Program Manager, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone:
(816)329-4130; fax:
(816)329-4090, 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 (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(g)Refer to European Aviation Safety Agency
(EASA)AD No.: 2006-0311-E, dated October 11, 2006, and Stemme F&D Service Bulletin A31-10-076 Am. Index: 01.a, dated October 9, 2006, for related information. Material Incorporated by Reference
(h)You must use Stemme F&D Service Bulletin A31-10-076 Am. Index: 01.a, dated October 9, 2006, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact STEMME GmbH & Co. KG, Flugplatzstraβe F2, Nr. 7, D-15344 Strausberg, Germany; telephone: + 49.33 41/36 12-0; fax: +49.33 41/36 12-30; e-mail: *P.Ellwanger@stemme.de.*
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri on December 27, 2006. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-22620 Filed 1-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25851; Directorate Identifier 2006-NM-133-AD; Amendment 39-14872; AD 2007-01-01] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. This AD requires determining the part number of the lift spoiler actuators/jacks (referred to after this as “lift spoiler jacks”). For affected lift spoiler jacks, this AD requires determining the date of manufacture of the lift spoiler jacks, repetitively inspecting the eye-end assembly of the lift spoiler jacks to detect discrepancies of the assembly or associated parts, and performing corrective actions if necessary. This AD results from a report that a lift spoiler deployed in flight due to corrosion at the thread where the eye-end assembly was screwed into the piston of the lift spoiler jack. We are issuing this AD to prevent detachment of the eye-end assembly of a lift spoiler jack, which could result in uncommanded deployment of a lift spoiler in flight, and consequent reduced controllability of the airplane. DATES: This AD becomes effective February 13, 2007. The Director of the **Federal Register** approved the incorporation by reference of a certain publication listed in the AD as of February 13, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1175; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. That NPRM was published in the **Federal Register** on September 20, 2006 (71 FR 54939). That NPRM proposed to require determining the part number of the lift spoiler actuators/jacks (referred to after this as “lift spoiler jacks”). For affected lift spoiler jacks, that NPRM proposed to require determining the date of manufacture of the lift spoiler jacks, repetitively inspecting the eye-end assembly of the lift spoiler jacks to detect discrepancies of the assembly or associated parts, and performing corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the single comment received. Request To Publish Service Information The Modification and Replacement Parts Association (MARPA) states that, typically, ADs are based on service information originating with the type certificate holder or its suppliers. MARPA adds that manufacturer service documents are privately authored instruments generally having copyright protection against duplication and distribution. MARPA notes that when a service document is incorporated by reference into a public document, such as an AD, it loses its private, protected status and becomes a public document. MARPA adds that if a service document is used as a mandatory element of compliance, it should not simply be referenced, but should be incorporated into the regulatory document; by definition, public laws must be public, which means they cannot rely upon private writings. MARPA adds that incorporated by reference service documents should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates them. MARPA notes that the stated purpose of the incorporation by reference method is brevity, to keep from expanding the **Federal Register** needlessly by publishing documents already in the hands of the affected individuals; traditionally, “affected individuals” means aircraft owners and operators, who are generally provided service information by the manufacturer. MARPA adds that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. MARPA notes that this new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under section 21.303 (“Replacement and modification parts”) of the Federal Aviation Regulations (14 CFR 21.303). Therefore, MARPA asks that the service documents deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument and published in the DMS. We understand MARPA's comment concerning incorporation by reference. The Office of the Federal Register
(OFR)requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase of rulemaking. This final rule incorporates by reference the document necessary for the accomplishment of the requirements mandated by this AD. Further, we point out that while documents that are incorporated by reference do become public information, they do not lose their copyright protection. For that reason, we advise the public to contact the manufacturer to obtain copies of the referenced service information. In regard to the commenter's request to post service bulletins on the Department of Transportation's DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on the DMS as part of an AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. No change to the final rule is necessary in response to this comment. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance This AD affects about 53 airplanes of U.S. registry. The required inspections take about 4 work hours per airplane, per inspection cycle, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $16,960, or $320 per airplane, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-01-01 BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Amendment 39-14872. Docket No. FAA-2006-25851; Directorate Identifier 2006-NM-133-AD. Effective Date
(a)This AD becomes effective February 13, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to all BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes; and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any category. Unsafe Condition
(d)This AD results from a report that a lift spoiler deployed in flight due to corrosion at the thread where the eye-end assembly was screwed into the piston of the lift spoiler actuator/jack (referred to after this as the “lift spoiler jack”). We are issuing this AD to prevent detachment of the eye-end assembly of a lift spoiler jack, which could result in uncommanded deployment of a lift spoiler in flight, and consequent reduced controllability of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin Reference
(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of BAE Systems (Operations) Limited Inspection Service Bulletin SB27-176, Revision 2, dated October 5, 2004. Although the service bulletin specifies to submit information to the manufacturer, this AD does not include that requirement. Inspections and corrective actions accomplished before the effective date of this AD in accordance with BAE Systems (Operations) Limited Inspection Service Bulletin SB27-176, dated October 1, 2003; or Revision 1, dated January 13, 2004; are acceptable for compliance with the corresponding actions required by this AD. Determination of Part Number (P/N)
(g)Within 30 days after the effective date of this AD: Determine the P/N of all six lift spoiler jacks. A review of airplane maintenance records is an acceptable method of determining the P/N if the P/N can be conclusively determined from that review.
(1)If no lift spoiler jack having P/N P308-45-0002 or P308-45-0102 is installed: No further action is required by this paragraph.
(2)For any lift spoiler jack having P/N P308-45-0002 or P308-45-0102: Before further flight, inspect the lift spoiler jack to determine its serial number (S/N) and date of manufacture. A review of airplane maintenance records is acceptable in lieu of this inspection if the S/N and date of manufacture can be conclusively determined from that review. Inspection of Lift Spoiler Jack
(h)For any lift spoiler jack having P/N P308-45-0002 or P308-45-0102: At the applicable compliance time specified in paragraph (h)(1) or (h)(2) of this AD, perform a detailed inspection for discrepancies of the eye-end assembly of the lift spoiler jack, associated hardware, and the thread of the piston where the eye-end assembly attaches, in accordance with the service bulletin. Discrepancies include but are not limited to evidence of corrosion or damaged or fretted threads.
(1)For lift spoiler jacks identified in paragraphs (h)(1)(i) and (h)(1)(ii) of this AD: Within 30 days after the effective date of this AD.
(i)Any lift spoiler jack having a S/N prefixed with “DAWX” or “CSW” (regardless of the date of manufacture).
(ii)Any lift spoiler jack having P/N P308-45-0002 or P308-45-0102, with a date of manufacture on or before December 31, 1999.
(2)For lift spoiler jacks with a date of manufacture on or after January 1, 2000, except those with S/Ns prefixed with “DAWX” or “CSW”: Within 5 months after the effective date of this AD. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Repetitive Inspections/Corrective Action
(i)Repeat the inspection required by paragraph
(h)of this AD and do corrective actions based on the inspection findings, in accordance with paragraph (i)(1), (i)(2), or (i)(3) of this AD, as applicable.
(1)If no discrepancy of the eye-end assembly of the lift spoiler jack is found: Repeat the inspection required by paragraph
(h)of this AD within 48 months, and, based on the findings during that repeat inspection, repeat the inspection and do corrective actions, as applicable, in accordance with paragraph
(i)of this AD.
(2)If light corrosion, as defined in the service bulletin, but no other discrepancy, is found: Repeat the inspection required by paragraph
(h)of this AD within 24 months, and, based on the findings during that repeat inspection, repeat the inspection and do corrective actions, as applicable, in accordance with paragraph
(i)of this AD.
(3)If severe corrosion, as defined in the service bulletin, or any damaged or fretted thread, is found: Before further flight, replace the eye-end assembly of the lift spoiler jack, associated hardware, and piston, as applicable, with new or serviceable parts, as applicable, in accordance with the service bulletin. Then, repeat the inspection required by paragraph
(h)of this AD within 48 months, and, based on the findings during that repeat inspection, repeat the inspection and do corrective actions, as applicable, in accordance with paragraph
(i)of this AD. Where the service bulletin specifies to return certain damaged parts to the parts manufacturer, this AD does not require that action. Parts Installation
(j)As of the effective date of this AD, no person may install a lift spoiler jack having P/N P308-45-0002 or P308-45-0102 unless it has been inspected as required by this AD and found to be free of severe corrosion or other discrepancy. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(l)European Aviation Safety Agency airworthiness directive 2006-0139, dated May 23, 2006, also addresses the subject of this AD. Material Incorporated by Reference
(m)You must use BAE Systems (Operations) Limited Inspection Service Bulletin SB27-176, Revision 2, dated October 5, 2004, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on December 21, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-22537 Filed 1-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25822; Airspace Docket No. 06-AWP-16] RIN 2120-AA66 Revision of Class D Airspace; Mesa, AZ AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class D airspace at Mesa, AZ, Falcon Field Airport. The airspace is modified to accommodate general aviation pilots transitioning the Phoenix area as described in the forthcoming proposed Phoenix Class B airspace redesign. Revising the Mesa Falcon Field airspace provides a wider corridor for general aviation pilots to transition north and south beneath the proposed Phoenix Class B airspace and remain west of the Mesa Falcon Field Airport Class D airspace. DATES: *Effective Date:* 0901 UTC, March 15, 2007. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Francie Hope, System Support Specialist, Western Service Area, AWP-520.3, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 90261, telephone
(310)725-6502. SUPPLEMENTARY INFORMATION: History On October 25, 2006, the FAA published in the **Federal Register** (71 FR 62397) a notice of proposed rulemaking to revise the Class D airspace at Mesa, AZ. Interested parties were invited to participate in this ruelmaking effort by submitting written comments on this proposal to the FAA. No comments were received. This revision is the same as that proposed in the notice. Class D airspace areas are published in Paragraph 5000 of FAA Order 7400.9P dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class D airspace designation listed in this document will be published subsequently in the Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by revising the Class D airspace area for Mesa, AZ, Falcon Field Airport. The airspace is modified to accommodate general aviation pilots transitioning the Phoenix area as described in the forthcoming proposed Phoenix Class B airspace redesign. Revising the Mesa Falcon Field airspace provides a wider corridor for general aviation pilots to transition north and south beneath the proposed Phoenix Class B airspace and remain west of the Mesa Falcon Field Airport Class D airspace. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under Department of Transportation Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 95765, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 5000 Class D Airspace. AWP AZ D Mesa, AZ [Revised] Mesa, Falcon Field, AZ (Lat. 33°27′39″ N., long. 111°43′42″ W.) That airspace extending upward from the surface to but not including 3,400 feet MSL beginning at lat. 33°24′38″ N., long. 111°47′23″ W.; then north to lat. 33°30′40″ N., long. 111°47′23″ W.; then northeast, southeast, and southwest along a 4.3-mile radius of Falcon Field Airport, to lat. 33°24′38″ N., long. 111°47′23″ W. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Issued in Los Angeles, California, on December 20, 2006. Leonard A. Mobley, Acting Director, Western Terminal Operations. [FR Doc. 07-8 Filed 1-8-07; 8:45 am]
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  • 7 CFR 760
  • Pub. L. 109-97
  • 7 CFR 3015
  • Pub. L. 104-121
  • 7 CFR 799
  • Pub. L. 106-387
  • 114 Stat. 1549
  • Pub. L. 107-76
  • 11 CFR 104
  • 14 CFR 39
  • 1 CFR 51
  • 14 CFR 71
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