Unknown. Interim rule and request for comments

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-02-22.xml --- 72 35 Thursday, February 22, 2007 Contents AID Agency for International Development NOTICES Meetings: International Food and Agricultural Development Board, 7951 E7-2900 Agricultural Agricultural Marketing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 7951-7952 E7-2944 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Witchweed, 7923-7926 E7-3013 PROPOSED RULES Exportation and importation of animals and animal products: Classical swine fever; disease status change— Nayarit, Mexico; correction, 7934 E7-3012 NOTICES Environmental statements; availability, etc.: Nonregulated status determinations— Syngenta Seeds, Inc.; corn genetically engineered for resistance to insects, 7952 E7-3119 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Dairy Farmers of America et al., 8010-8017 07-709 Bonneville Bonneville Power Administration NOTICES Environmental statements; record of decision:

Fish and wildlife mitigation projects (2007-2009 FY), 7972 E7-2998 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; systems of records, 7993-7998 E7-2984 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 07-789 7998-7999 07-790 Civil Civil Rights Commission NOTICES Senior Executive Service Performance Review Board; membership, 7953 E7-2957 Coast Guard Coast Guard RULES Organization, functions, and authority delegations:

Commanding Officer, National Maritime Center; correction, 7929-7931 E7-2899 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Dominican Republic Central America Free Trade Agreement; commercial availability— 2-way stretch woven fabrics, 7957 07-793 Dominican Republic-Central American Free Trade Agreement; commercial availability— 2-way stretch woven fabrics, 7956-7957 07-795 Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 7957-7958 07-820 07-823 07-824 Consumer Consumer Product Safety Commission NOTICES Meetings: Mattress flammability standard; seminars, 7958-7959 E7-2911 Defense Defense Department NOTICES Reports and guidance documents; availability, etc.: Uniform allowances; higher initial maximum rate; police personnel, 7959-7960 07-788 Drug Drug Enforcement Administration PROPOSED RULES Schedules of controlled substances: Lisdexamfetamine; placement into Schedule II, 7945-7947 E7-2993 NOTICES *Applications, hearings, determinations, etc.:* Cambrex Charles City, Inc., 8017 E7-2992 JFC Technologies LLC, 8017-8018 E7-2991 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 7960 E7-2999 Grants and cooperative agreements; availability, etc.:

Safe and drug-free schools programs— Foundations for Learning Program, 7960-7964 E7-3036 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 7964 07-809 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Workforce Innovation in Regional Economic Development Initiative, 8019-8027 E7-2996 Energy Energy Department See Bonneville Power Administration NOTICES Environmental statements; record of decision:

Strategic Petroleum Reserve expansion; site selection, 7964-7972 E7-3022 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 7972-7979 E7-3000 E7-3016 E7-3018 Pesticide programs: Insect repellent-sunscreen combination products; labeling, product performance, and safety standards; information request, 7979-7983 E7-3008 Superfund; response and remedial actions, proposed settlements, etc.: Starmet CMI Site, SC, 7983 E7-3014 Water quality criteria:

Aquatic life ambient freshwater quality criteria— Copper, 7983-7985 E7-3007 Equal Equal Employment Opportunity Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 7986 E7-2908 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings: Advisory Committee, 7986 07-792 Farm Farm Credit Administration RULES Farm credit system: Disclosure to stockholders— Financial disclosure and reporting requirements, 7927 E7-3055 FAA Federal Aviation Administration RULES Class E airspace, 7928-7929 07-777 PROPOSED RULES Airworthiness directives:

Airbus, 7936-7939 E7-2977 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 7934-7936 E7-2980 McDonnell Douglas, 7939-7941 E7-2975 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 7986-7990 E7-2994 E7-2995 E7-3005 Meetings; Sunshine Act, 7990 07-819 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Colorado, 8000 E7-2948 Florida, 8000 E7-2935 Illinois, 8001 E7-2954 Missouri, 8001 E7-2950 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Carter County, TN, 8054-8055 E7-2997 Highway planning and construction; licenses, permits, approvals, etc.: Washington; I-405 Renton Nickel Improvement Project, 8055-8056 E7-2989 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 7990-7991 E7-3009 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 7991 E7-2970 Change in bank control; correction, 7991 E7-2990 Formations, acquisitions, and mergers, 7991-7992 E7-2896 E7-2928 E7-2969 Permissible nonbanking activities, 7993 E7-2971 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 8002-8006 E7-2959 E7-2961 E7-2962 Endangered and threatened species:

Incidental take permits— Iron County, UT; Utah prairie dog, 8009 E7-2981 Endangered and threatened species and marine mammal permit applications, determinations, etc., 8006-8007 E7-2939 Food Food and Drug Administration PROPOSED RULES Human drugs: Insect repellent-sunscreen products (OTC); information request, 7941-7945 E7-2890 NOTICES Human drugs: Patent extension; regulatory review period determinations— LEVEMIR, 7999-8000 E7-3001 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Indian Affairs Bureau NOTICES Indian tribes, acknowledgment of existence determinations, etc.:

Mashpee Wampanoag Indian Tribal Council, Inc., MA, 8007-8009 E7-2966 Information Information Security Oversight Office NOTICES Meetings: Public Interest Declassification Board Republication, 8031-8032 R7-2866 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Meetings: Exxon Valdez Oil Spill Trustee Council, 8001-8002 E7-2942 IRS Internal Revenue Service RULES Excise taxes: Group health plans; access, portability, and renewability requirements— Nondiscrimination in health coverage in group market; correction, 7929 E7-2958 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-2912 8056-8071 E7-2916 E7-2956 Meetings:

Taxpayer Advocacy Panels, 8071-8072 E7-2932 E7-2937 E7-2941 International International Trade Administration NOTICES Antidumping: Stainless steel butt-weld pipe fittings from— Taiwan, 7953 E7-2901 Grants and cooperative agreements; availability, etc.: Worsted Wool Fabrics Program, 7953-7955 07-794 North American Free Trade Agreement (NAFTA); binational panel reviews: Purified carboxymethylcellulose from— Mexico, 7955 E7-2903 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-2894 8018-8019 E7-2895 Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.:

Alaska, 8010 E7-2953 NASA National Aeronautics and Space Administration NOTICES Inventions, Government-owned; availability for licensing, 8027-8029 E7-2905 E7-2921 E7-2923 National Archives National Archives and Records Administration See Information Security Oversight Office NOTICES Agency records schedules; availability, 8029-8031 E7-2988 National Credit National Credit Union Administration RULES Credit unions: Organization and operations— General lending maturity limit and other financial services, 7927-7928 E7-2902 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Rock sole, flathead sole, and other flatfish, 7933 07-796 Marine mammals: Commercial fishing authorizations— Atlantic Large Whale Take Reduction Plan, 7931-7933 07-797 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— North Pacific Groundfish Observer Program, 7948-7950 E7-3019 NOTICES Exempted fishing permit applications, determinations, etc., 7955-7956 E7-2963 National Science National Science Foundation NOTICES Meetings:

Commission on 21st Century Education in Science, Technology, Engineering, and Mathematics, 8032 E7-2967 Proposal reviews, 8032 E7-2968 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 8032-8033 E7-3033 E7-3035 Postal Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 8033 07-810 Presidential Presidential Documents EXECUTIVE ORDERS Defense and national security: Military Commission; trial of alien unlawful enemy combatants (EO 13425), [ **Editorial Note:** This Executive Order, appearing at 72 FR 7737 in the **Federal Register** of February 20, 2007, was incorrectly categorized as a Proclamation in that issue's Table of Contents.] ADMINISTRATIVE ORDERS Government agencies and employees:

Trade Representative, United States; designation of officers to act as United States Trade Representative (Memorandum of February 20, 2007), 8083-8086 07-838 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: New York Stock Exchange LLC, 8033-8045 E7-2909 NYSE Arca, Inc., 8046-8050 E7-2910 Philadelphia Stock Exchange, Inc., 8051-8054 E7-2986 E7-2987 State State Department NOTICES Organization, functions, and authority delegations:

Assistant Secretary of State for Educational and Cultural Affairs, 8054 E7-3011 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-2979 8073-8074 E7-2982 E7-2983 Grants and cooperative agreements; availability, etc.:

Homeless Providers Grant and Per Diem Program, 8074-8082 E7-3020 E7-3024 E7-3029 E7-3031 Meetings: Blue Ribbon Panel on VA-Medical School Affiliations, 8082 07-785 Former Prisoners of War Advisory Committee, 8082 07-784 Separate Parts In This Issue Part II Executive Office of the President, Presidential Documents, 8083-8086 07-838 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 35 Thursday, February 22, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0170] Witchweed Quarantine Regulations; Regulated Areas in North Carolina and South Carolina AGENCY:

Animal and Plant Health Inspection Service, USDA ACTION: Interim rule and request for comments. SUMMARY: We are amending the list of regulated areas in the witchweed quarantine and regulations by adding or removing areas in North Carolina and South Carolina. These changes affect five counties in North Carolina and two counties in South Carolina. These actions are necessary in order to prevent the artificial spread of witchweed from areas where the weed has been detected and to remove restrictions that are no longer necessary on the interstate movement of regulated articles from areas where witchweed has been eradicated.

DATES: This interim rule is effective February 15, 2007. We will consider all comments that we receive on or before April 23, 2007. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2006-0170 to submit or view public comments and to view supporting and related materials available electronically.

Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2006-0170, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No.

APHIS-2006-0170. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Alan V. Tasker, Noxious Weeds Program Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1237;

(301)734-5708. SUPPLEMENTARY INFORMATION: Background Witchweed ( *Striga* spp.) is a parasitic plant that attacks some of the most important crops in the United States (corn, sorghum, sugar cane, and rice), feeding off the roots of its host and causing degeneration. Within the United States, witchweed is only found in parts of North Carolina and South Carolina. The witchweed quarantine and regulations, contained in 7 CFR 301.80 through 301.80-10 (referred to below as the regulations), quarantine affected areas within the States of North Carolina and South Carolina and restrict the interstate movement of certain articles from regulated areas in those States for the purpose of preventing the spread of witchweed. Section 301.80-2(a) provides that the Deputy Administrator will designate as regulated areas each quarantined State, or each portion of a quarantined State, in which witchweed has been found, in which there is reason to believe that witchweed is present, or that it is deemed necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. The regulations impose restrictions on the interstate movement of regulated articles from the regulated areas. Regulated areas, which are listed in § 301.80-2a, are designated as either suppressive areas or generally infested areas. Suppressive areas are those portions of the regulated areas where eradication of infestation is undertaken as an objective. Currently, all the regulated areas listed in § 301.80-2a are designated as suppressive areas. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion that:

(1)The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed on the interstate movement of regulated articles and

(2)the designation of less than the entire State as a regulated area will prevent the interstate spread of witchweed. Changes to the List of Regulated Areas In this interim rule, we are amending the list of regulated areas in § 301.80-2a by removing areas in Cumberland, Pender, Robeson, and Sampson Counties, NC, and Horry and Marion Counties, SC, from the list of suppressive areas. We are taking this action because we have determined that witchweed no longer occurs in these areas; therefore, we no longer need to list these areas as suppressive areas for the purpose of preventing the spread of witchweed. This action relieves restrictions on the movement of regulated articles from these areas that are no longer necessary. In addition to removing areas from the list of regulated areas in § 301.80-2a, we are also adding several areas to the list and revising the descriptions of several areas on the list. Specifically, we are adding 4 farms in Cumberland County, NC, 1 farm in Pender County, NC, 3 farms in Robeson County, NC, 5 farms in Sampson County, NC, 17 farms in Horry County, SC, and 9 farms in Marion County, SC, as suppressive areas. We are also expanding the large suppressive areas in Bladen, Robeson, and Sampson Counties, NC. We are taking these actions because we have determined that witchweed occurs in these areas; therefore, we need to list these areas as suppressive areas for the purpose of preventing the artificial spread of witchweed. As a result of these actions, the restrictions described in § 301.80-3 of the regulations on the interstate movement of regulated articles from suppressive areas will apply to the movement of regulated articles from the farms we are designating as suppressive areas. The entire regulated area is described in the rule portion of this document. Immediate Action Immediate action is necessary to update the list of areas in order to:

(1)Relieve restrictions on the interstate movement of regulated articles from areas that are no longer infested with witchweed, and

(2)prevent the spread of witchweed from newly infested areas into uninfested areas. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. Since 1951, witchweed has been found in 38 counties in North and South Carolina; only 7 counties are currently infested, and witchweed has not been allowed to spread beyond the borders of North Carolina and South Carolina. From 1956 to 2006, the number of infested acres has been reduced from 450,000 to around 2,494, i.e., 2,097 acres in North Carolina and 397 acres in South Carolina (table 1). 1 1 USDA, APHIS, PPQ, Program Aid No. 1783, page 5, and “Witchweed Eradication Project Status at the End of 2005,” survey data, David Patterson (personal communication). Table 1.—New Farms Designated as Suppressive Areas in This Rule County Number of farms Acreage Value of production in the county in 2006 ($1,000) Bladen Co., NC 1 571.3 $5,734 Cumberland Co., NC 5 963.3 2,108 Pender Co., NC 1 4.6 3,085 Robeson Co., NC 3 499.3 11,527 Sampson Co., NC 5 58.5 9,102 North Carolina total 15 2,097 1 31,556 Horry Co., SC 17 237.2 4,211 Marion Co., SC 12 159.5 1,462 South Carolina total 29 396.7 2 5,673 Source: USDA, NASS, Crop Values, 2005 Summary, Pr 2(06), February 2006; *http://www.nass.usda.gov/QuickStats/Crops,* and “Witchweed Eradication Project Status at the End of 2005,” North Carolina Department of Agriculture and Consumer Services. 1 16% of State total. 2 8.5% of State total. If witchweed is allowed to spread throughout the United States, it could cause an estimated $1.08 billion in annual control costs plus an additional 10 percent in yield losses for U.S. corn alone. 2 The value of corn production in North Carolina and South Carolina in 2006 was about $264 million. Using these figures, preventing the further spread of witchweed prevents an estimated $39.6 million in costs for North Carolina and South Carolina and an estimated $3.7 billion in costs for the entire United States. In comparison, the costs of controlling witchweed have been relatively low. 2 Sand, P.F. and J.D. Manley, “The Witchweed Eradication Program, Survey, Regulatory and Control,” pp. 141-150 in P.F. Sand, R.E. Eplee, and R.G. Westbrooks [eds.] “Witchweed Research and Control in the United States,” Weed Science Society of America, Champaign, IL (1990). Real expenditures ranged from a high of $18.95 million in 1961 to a low of $1.32 million estimated for 2002. In North Carolina, approximately 73 percent of the costs of control activities are funded by the Federal Government, with the remainder funded by the State. In South Carolina, 100 percent of all control activities are funded by the Federal Government. Control activities include the use of pre- and post-emergence herbicides to kill witchweed and weed hosts. Agricultural producers with witchweed infestations receive free herbicide applications, which not only get rid of witchweed but also control other weeds throughout the growing season, and free ethylene gas treatments. Ethylene gas is a plant growth promoter that increases yields of cultivated crops. The witchweed eradication program has had a positive economic impact on agricultural producers with manageable witchweed infestations. Agricultural producers only bear costs associated with the movement of regulated articles from suppressive areas into non-suppressive areas. For example, crops with soil attached after harvesting must be cleaned in order to remove witchweed seeds. In addition, producers moving regulated articles must arrange for inspection to obtain a certificate or limited permit or enter into a compliance agreement, which will allow them to issue certificates and limited permits. Agricultural machinery must also be cleaned and treated prior to movement, but 100 percent of machinery treatment and cleaning expenses are covered by the Federal Government. Although data were unavailable, quarantine compliance costs borne directly by agricultural producers are apparently very small. The rule will affect at least 29 entities located within the newly expanded suppressive areas in North Carolina and South Carolina. In the suppressive areas of North Carolina, roughly 15 to 20 percent of the agricultural producers grow corn, 20 to 25 percent grow soybeans, 30 percent grow cotton, and the remaining 25 to 35 percent grow tobacco, sweet potatoes, peanuts, and other crops. We assume a similar mix of crops is produced in the suppressive areas of South Carolina. The U.S. Small Business Administration

(SBA)defines a small agricultural producer as one with annual sales receipts of $750,000 or less. During 2000-2005, 85 percent of the agricultural producers in North Carolina had annual sales of $99,999 or less, and 15 percent had annual sales of $100,000 or more. We do not know the specific size of these 29 farms. However, based on agricultural State statistics, the majority (i.e., 83 percent) of North Carolina and South Carolina farms had less than $100,000 in annual sales. It is therefore reasonable to assume that the majority of these farms are small according to SBA criteria. These farms are required to incur quarantine compliance costs. However, the annual reduction in infested acres has undoubtedly benefited growers by reducing control costs and yield losses attributable to witchweed. In addition, discounted benefits for small North Carolina and South Carolina corn producers may be much larger than the discounted costs associated with the program. Continuing to regulate an area that is not infested with witchweed, therefore, would represent an unnecessary cost on small entities in the area. Similarly, not regulating an area infested with witchweed could jeopardize the future success of a program with a proven and cost-effective track record. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. In § 301.80-2a, the entries for North Carolina and South Carolina are revised to read as follows: § 301.80-2a Regulated areas; generally infested and suppressive areas. NORTH CAROLINA

(1)*Generally infested areas* . None.

(2)*Suppressive areas* . *Bladen County* . That area located north and east of the Cape Fear River. The Hardison, H.B., farm located on a field road 0.25 mile northwest of its intersection with State Secondary Road 1719 and 0.2 mile west of its intersection with State Secondary Road 1797. *Cumberland County* . That area bounded on the west by the Cape Fear River, then by a line running east and northeast along the Fayetteville city limits to U.S. Highway 301, then northeast on U.S. Highway 301 to Interstate 95, then northeast on Interstate 95 to U.S. Highway 13, then east and northeast on U.S. Highway 13 to the Cumberland-Sampson County line. The Barker, P.R., farm located on the south side of State Secondary Road 2242, 0.2 mile south of Interstate 95 on State Secondary Road 2252. The Jackson, Ellis, farm located on the west side of State Secondary Road 1003 and 0.4 mile south of its intersection with N.C. Highway 59. The Lovick, Eugene, farm located on the north side of State Secondary Road 1732 and 0.9 mile west of its intersection with U.S. Highway 301. The McLaughlin, Cornell, farm located on the south side of State Secondary Road 2221 and 0.2 mile east of its intersection with State Secondary Road 2367. The Thigpen, William, farm located on the south side of State Secondary Road 2212 and 1 mile west of its intersection with N.C. Highway 87. *Pender County* . The Cones Folly farm located along a farm road 2.3 miles south of its intersection with State Secondary Road 1201 and 2.2 miles southeast of its intersection with State Secondary Road 1200. *Robeson County* . That area bounded on the west by the Robeson County/Scotland County line; then by a line running east along the Robeson County/Hoke County line to N.C. Highway 211; then southeast on N.C. Highway 211 to the Robeson County/Bladen County line; then south along the Robeson County/Bladen County line and the Robeson County/Columbus County line to U.S. Highway 74; then northwest on U.S. Highway 74 to N.C. Highway 41; then south on N.C. Highway 41 to the South Carolina State line; and then northwest along the South Carolina State line to the Robeson County/Scotland County line. (This area may be more generally described as that part of Robeson County lying south and west of N.C. Highway 211, bounded by U.S. Highway 74 east of N.C. Highway 41 and by the South Carolina line west of N.C. Highway 41.) The Brown, James, farm located on the south side of a private road known as Reola Drive, 0.1 mile east of its intersection with State Secondary Road 1823, which intersection is 0.7 mile south of the intersection of State Secondary Road 1823 with State Secondary Road 1774. The Buie, Joshua, farm located on a farm road 0.8 mile south of its intersection with State Secondary Road 1529 and 0.3 mile southwest of the right of way of Interstate Highway 95. The Lewis, Knox, farm located on the south side of State Secondary Road 1752, 0.5 mile east of its intersection with State Secondary Road 1318. *Sampson County* . That area bounded on the north by N.C. Highway 24 and on the east by U.S. Highway 701. The Brady-Johnson, William, property located on a private road in the town of Salemburg, 0.1 mile north of its intersection with Church Street and 0.1 mile west of its intersection with N.C. Highway 242. The Carter, Raeford, farm located on the west side of State Secondary Road 1144, 0.2 mile north of its intersection with State Secondary Road 1143. The Lucas, June, estate located at the end of State Secondary Road 1496, 1.0 mile northwest of its intersection with State Secondary Road 1233. The Parker, David, farm located on the northwest side of the intersection of a private road known as David Parker Lane and State Secondary Road 1301, 0.5 mile north of the intersection of State Secondary Road 1301 with N.C. Highway 24. The Riley, Troy Lee, property located 0.05 mile west of the end of a private road known as Stage Coach Lane, 0.2 mile north of the intersection of Stage Coach Lane and N.C. Highway 24, in the town of Autryville. SOUTH CAROLINA

(1)*Generally infested areas* . None.

(2)*Suppressive areas* . *Horry County* . The Bell, Richard, farm located on the east side of State Highway 90, 5.7 miles north of its intersection with State Highway 22. The Chestnut, Jacob T., farm located on the west side of an unpaved road known as Short Cut Road, 0.2 mile north of its junction with an unpaved road known as Pint Circle Road, 0.4 mile east of its junction with and 0.8 mile north of its junction with State Highway 90. The Cribbs, L.V., farm located on the west side of an unpaved road known as Causey Road, 3.3 miles north of its intersection with a secondary road known as Sandplant Road and 2.1 miles west of its intersection with State Highway 76. The Cribbs, L.V., farm located on the east side of an unpaved road known as Causey Road, 2.8 miles north of its intersection with a secondary road known as Sandplant Road and 2.1 miles west of its intersection with State Highway 76. The Gerald, Kenneth, farm located on the south side of a secondary highway known as Lake Swamp Road, 0.4 mile east of its intersection with a secondary highway known as Nichols Highway South and 1.6 miles south of its intersection with State Highway 917. The Gerald, Ravenell, farm located on the north side of an unpaved road known as Farming Dale Road, 0.6 mile north of its junction with State Highway 917 and 1.1 miles east of its intersection with a secondary highway known as Nichols Highway. The Hammonds, Austin J., farm located on the north side of a secondary road known as Sandplant Road, 1.5 miles west of its intersection with State Highway 76 and 1.7 miles north of its intersection with State Highway 9. The Livingston, Pittman, farm located on the east side of State Highway 90, 2.2 miles north of its junction with State Highway 22. The Mae, Blossie, farm located on the west side of an unpaved road known as Dela Road, 0.3 mile south of its intersection with a secondary road known as Pint Circle Road, 0.2 mile west of its intersection with State Highway 90, and 3.5 miles north of its intersection with State Highway 22. The McDaniel, Ellis, farm located on the south side of State Highway 917, 1.4 miles west of its intersection with a secondary highway known as Nichols Highway. The Smith, Tommy G., farm located on the south side of a secondary road known as Old Chesterfield Road, 0.5 mile east of its intersection with State Highway 90 and 2.7 miles north of its intersection with State Highway 22. The Strickland, Quincy, farm located on the north side of State Highway 917, 1.2 miles west of its intersection with a secondary highway known as Nichols Highway. The Stroud, J.B., farm located on the east side of an unpaved road known as Providence Drive, 1.3 miles north of its junction with an unpaved road known as Tranquil Road, 0.5 mile west of its junction with a secondary highway known as Nichols Highway North and 2.3 miles north of its intersection with State Highway 917. The Vault, Bennie, farm located on the west side of an unpaved road known as Strawberry Road, 0.5 mile south of its junction with State Highway 90. Vereen, Isiah, farm located on the west side of an unpaved road known as West Shore Road, 1.6 miles south of its junction with State Highway 90. Vereen, Lula, farm located on the north side of a secondary road known as Dogwood Road, 1.6 miles north of its intersection with State Highway 22, then 0.7 mile east of its intersection with State Highway 90. The Willoughby, Shane, farm located on the north side of an unpaved road known as Farming Dale Road, 0.4 mile north of its junction with State Highway 917 and 1.1 miles east of its intersection with a secondary highway known as Nichols Highway. The Worley, Floyd C., farm located on both sides of a secondary road known as Sandplant Road, 1.1 miles west of its intersection with State Highway 76 and 1.7 miles north of its intersection with State Highway 9. *Marion County* . The Baxley, Warner, farm located on the west side of Penderboro Road, 1.6 miles north of its intersection with the State Highway 501 Bypass. The Best Woods Road and Bubba Road farm located on both sides of Best Woods Road, 1.4 miles south of its intersection with State Highway 76. The Erwin, Harold, farm located on the west side of the State secondary road known as Laughin Road, 1 mile north of its intersection with State Highway 76. The Gerald, Issaic, farm located on the west side of a secondary road known as Foxworth Road, 0.3 mile northwest of its intersection with Secondary Road 9. The Holmes, Issaic, farm located on the east side of an unpaved road known as Phill Road, 0.5 mile south of its junction with State Highway 9 and 5 miles east of its intersection with State Highway 41-A. The Johnson, J. D., farm located on the west side of an unpaved road known as Harold Road, 0.6 mile north of its intersection with Old Mullins Road and 1.3 miles west of its intersection with North Main Street in Nichols. The Keen, Davis, Estate farm located on the south side of an unpaved road known as Frazier Road, 0.7 mile northwest of its intersection with Secondary Road 9. The Porter, Hubert, farm located on the south side of an unpaved road known as Bubba Road, 1.3 miles south from its intersection with State Highway 76. The Richardson, Billy, farm located on the east side of Secondary Road 908, 0.8 mile north of its intersection with State Highway 378. The Rogers, Paul, farm located on the north side of an unpaved road known as Tobacco Barn Road, 0.8 mile west of its intersection with a State secondary road known as E. Sellers Road and 1.7 miles north of its intersection with State Highway 41-A. Done in Washington, DC, this 15th day of February 2007. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-3013 Filed 2-21-07; 8:45 am] BILLING CODE 3410-34-P FARM CREDIT ADMINISTRATION 12 CFR Parts 611, 619, 620, 621, 624, 627, and 630 RIN 3052-AC11 Organization; Definitions; Disclosure to Shareholders; Accounting and Reporting Requirements; Regulatory Accounting Practices; Title IV Conservators, Receivers, and Voluntary Liquidations; and Disclosure to Investors in System-Wide and Consolidated Bank Debt Obligations of the Farm Credit System; Effective Date AGENCY: Farm Credit Administration. ACTION: Notice of effective date. SUMMARY: The Farm Credit Administration

(FCA)published a final rule under parts 611, 619, 620, 621, 624, 627, and 630 on December 20, 2006 (71 FR 76111). This final rule amends our disclosure and reporting regulations for Farm Credit System (System) institutions by clarifying and enhancing existing disclosures and reporting to System shareholders and investors. In accordance with 12 U.S.C. 2252, the effective date of the final rule is 30 days from the date of publication in the **Federal Register** during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulations is February 16, 2007. EFFECTIVE DATES: The regulation amending 12 CFR parts 611, 619, 620, 621, 624, 627, and 630, published on December 20, 2006 (71 FR 76111) is effective February 16, 2007. FOR FURTHER INFORMATION CONTACT: Thomas Dalton, Senior Staff Accountant, Office of Policy and Analysis, Farm Credit Administration, McLean, VA 22102-5090,

(703)883-4414, TTY

(703)883-4434; or Laura McFarland, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, VA 22102-5090,

(703)883-4020, TTY

(703)883-4020. (12 U.S.C. 2252(a)(9) and (10)) Dated: February 16, 2007. Roland E. Smith, Secretary Farm Credit Administration Board. [FR Doc. E7-3055 Filed 2-21-07; 8:45 am] BILLING CODE 6705-01-P NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 701 RIN 3133-AD30 General Lending Maturity Limit and Other Financial Services AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule. SUMMARY: NCUA is amending its rules to implement amendments to the Federal Credit Union Act (FCU Act) made by the Financial Services Regulatory Relief Act of 2006 (Reg Relief Act). The final rule revises the maturity limit in the general lending rule and permits federal credit unions to provide certain, limited financial services to nonmembers within their fields of membership. DATES: This final rule is effective March 26, 2007. FOR FURTHER INFORMATION CONTACT: Moisette Green, Staff Attorney, Office of General Counsel, at the above address or telephone: *(703) 518-6540.* SUPPLEMENTARY INFORMATION: A. Background In October 2006, Congress enacted the Reg Relief Act, which amended the general lending maturity limit for federal credit unions

(FCUs)from 12 years to 15 years in § 107(5) of the FCU Act as well as § 107(12) of the FCU Act to permit FCUs to provide certain financial services to persons within their fields of membership. Pub. L. 109-351, §§ 502-503, 120 Stat. 1966 (2006). On October 19, 2006, the NCUA Board issued an interim final rule to implement these provisions of the Reg Relief Act. 71 FR 62875 (October 27, 2006). Even though the provisions of the interim final rule became effective on October 27, 2006, the Board issued the interim final rule with a 60-day comment period. B. The Final Rule NCUA received eight comments on the interim final rule from federal credit unions and trade associations. All the commenters supported the interim final rule, and some provided additional comments. Two commenters encouraged NCUA to seek a longer maturity limit for loans on investment property. While the NCUA Board generally supports greater flexibility for permissible terms for investment loans, the suggestion is beyond the scope of NCUA's statutory authority and the interim rulemaking. Four commenters requested clarification on whether FCUs may charge a fee for selling negotiable checks, travelers checks, money orders, and other similar money transfer instruments under § 701.30(a). Two commenters pointed out that § 701.30(b) specifically permits FCUs to charge a fee for cashing negotiable or money transfer instruments. FCUs may charge a fee for “selling” money transfer instruments, and specifically providing that FCUs may charge a fee for “cashing” money transfer instruments does not limit that authority. The Reg Relief Act does not restrict the terms under which an FCU can sell negotiable instruments to a person within its field of membership, and the legislative history does not indicate that Congress intended the provision to have any special meaning. Therefore, the common understanding and meaning of the term “sell” in § 503 of the Reg Relief Act and § 701.30(a) of the rule apply. Selling, by definition, involves the transfer of goods or rendering services for a price. *See, Random House Unabridged Dictionary* 1739 (2d ed. 1993). Contrary to selling a money transfer instrument, “cashing” an instrument involves the exchange of the instrument for money in the amount reflected on the face of the instrument, and the term does not necessarily mean a fee for the service is permitted. FCUs have always had authority to cash a check drawn on a member's account regardless of the payee's membership status as this is a service to the member-drawer; the Reg Relief Act permits FCUs to cash a check payable to a nonmember within their field of membership even if the drawer is not a member. The specific provision in the Reg Relief Act and the rule to charge a fee for this exchange permits FCUs to collect a payment for providing the check cashing service. Additionally, FCUs are not required to charge persons for financial services under section 503 of the Reg Relief Act or the rule, but “may” sell or charge a fee for them. Three commenters suggested NCUA define the term “electronic funds transfer.” The commenters stated the interim final rule was unclear on whether the term “electronic funds transfer” had the same definition as in Regulation E, 12 CFR part 205, or the term “transmittal of funds” under the anti-money laundering regulations, 31 CFR part 103. The Board believes it is unnecessary to define “electronic funds transfer” in this rule for two reasons. First, the term “electronic funds transfer” is defined in the Electronic Funds Transfer Act and Regulation E. 15 U.S.C. 1693a(6); 12 CFR 205.3. Second, the types of money transfer instruments permissible under § 701.30 are not limited to electronic funds transfers. The rule permits an FCU to cash or sell checks, money orders, and other similar money transfer instruments. While the rule does not contain an exhaustive list of permissible money transfer instruments, it specifically includes electronic funds transfers. To the extent FCUs provide money transfer instruments that fall within the definition of electronic funds transfer under Regulation E, they must, of course, comply with Regulation E requirements. The Board notes that electronic funds transfers under Regulation E are excluded from the definition of “transmittal of funds” in the Department of Treasury's anti-money laundering regulations. 31 CFR part 103. This definition, however, does not affect FCU authority to provide wire transfers under § 701.30. FCUs providing wire transfer services and electronic funds transfers under § 701.30 must comply with the applicable requirements of 31 CFR part 103. Two commenters requested NCUA provide guidance regarding FCU compliance with other statutes and regulations, e.g. the Bank Secrecy Act (Pub. L. 91-508), the Customer Identification Program regulation (31 CFR 103.121), NCUA security rules (12 CFR part 748), financial privacy rules (12 CFR part 716), and so forth. One of these commenters recommended NCUA establish a working group to discuss compliance requirements associated with FCUs providing financial services to nonmembers within their fields of membership. The Board believes additional guidance or a working group is unnecessary because this rule does not create any additional requirements for FCUs than there are for other financial institutions. The Board only cautions FCUs to ensure they comply with all applicable statutory or regulatory requirements if they elect to provide financial services to persons with whom the FCUs may have infrequent or irregular contact. Finally, one commenter correctly noted the interim final rule failed to make a conforming change to the 12-year maturity limit in the current rule regarding due-on-sale clauses. 12 CFR 701.21(g)(6)(ii). Accordingly, the final rule revises this reference to reflect the change in the general lending maturity limit to 15 years. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact a rule may have on a substantial number of small credit unions, defined as those under ten million dollars in assets. This rule clarifies and improves the available services FCUs may provide to their members and persons within their fields of membership, without imposing any regulatory burden. The final amendments do not have a significant economic impact on a substantial number of small credit unions, and, therefore, a regulatory flexibility analysis is not required. Paperwork Reduction Act NCUA has determined that the final rule would not increase paperwork requirements under the Paperwork Reduction Act of 1995 and regulations of the Office of Management and Budget. 44 U.S.C. 3501 *et seq.* ; 5 CFR part 1320. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. In adherence to fundamental federalism principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. The final rule would not have substantial direct effects on the states, on the connection between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this rule does not constitute a policy that has federalism implications for purposes of the executive order. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families The NCUA has determined that this final rule would not affect family well-being within the meaning of § 654 of the Treasury and General Government Appropriations Act, 1999, Pub. L. 105-277, 112 Stat. 2681 (1998). Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121 (SBREFA), provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by Section 551 of the Administrative Procedure Act. 5 U.S.C. 551. The Office of Management and Budget has determined that this final rule is not a major rule for purposes of SBREFA. List of Subjects in 12 CFR Part 701 Check, Check cashing, Credit, Credit unions, Electronic funds transfer, Money order, Money transfer. For the reasons set forth in the preamble, the Board amends 12 CFR part 701 as set forth below. By the National Credit Union Administration Board on February 15, 2007. Mary F. Rupp, Secretary of the Board. Accordingly, the interim rule amending 12 CFR part 701, which was published at 71 FR 62875 on October 27, 2006, is adopted as a final rule with the following change: PART 701—ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS 1. The authority citation for part 701 continues to read as follows: Authority: 12 U.S.C. 1752(5), 1757, 1765, 1766, 1781, 1782, 1787, 1789; Title V, Pub. L. 109-351; 120 Stat. 1966. 2. Amend Section 701.21 by removing “greater than twelve years” in the first sentence and adding in its place “greater than fifteen years” in paragraph (g)(6)(ii). [FR Doc. E7-2902 Filed 2-21-07; 8:45 am] BILLING CODE 7535-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25941; Airspace Docket No. 06-ACE-11] Modification of Class E Airspace; Creston, IA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; confirmation of effective date. SUMMARY: This document confirms the effective date of the direct final rule which revises Class E airspace at Creston, IA. EFFECTIVE DATE: 0901 UTC, March 15, 2007. FOR FURTHER INFORMATION CONTACT: Grant Nichols, System Support, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:

(816)329-2522. SUPPLEMENTARY INFORMATION: The FAA published this direct final rule with a request for comments in the **Federal Register** on December 28, 2006 (71 FR 78054). The FAA uses the direct final rulemaking procedure for a non-controversial rule where the FAA believes that there will be no adverse public comment. This direct final rule advised the public that no adverse comments were anticipated, and that unless a written adverse comment, or a written notice of intent to submit such an adverse comment, were received within the comment period, the regulation would become effective on March 15, 2007. No adverse comments were received, and thus this notice confirms that this direct final rule will become effective on that date. Issued in Fort Worth, Texas, on February 6, 2007. Ronnie Uhlenhaker, Manager, System Support Group, ATO Central Service Area. [FR Doc. 07-777 Filed 2-21-07; 8:45 am]

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