Removal of Obsolete Regulations; Holding of Referenda, 49986-49987 [06-7159]

Download as PDF rmajette on PROD1PC67 with RULES1 49986 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations diseases from entering the United States. Such disease and pest introductions could lead to reductions in agricultural yield and productivity, costs to governmental and private entities for pest or disease control and eradication, losses in export revenues due to trade embargoes, and environmental degradation, resulting in immense harm to U.S. agriculture. Another benefit of AQI services is that AQI inspectors prevent trade disruptions by inspecting and clearing cargo on a timely basis. Consumers and taxpayers would certainly feel the negative effects if AQI services were disrupted or reduced. A commenter stated that the interim rule contained no suggestion that AQI user fees could ever be decreased due to lower traffic volume and less workload. As we noted in the interim rule and earlier in this document, we review our fees annually and, if necessary, undertake rulemaking to amend them. We will adjust a fee up or down, as appropriate, depending on the actual cost of providing services. We have adjusted user fees downward in the past. In a final rule published in the Federal Register on January 19, 1996 (61 FR 2660–2665 Docket No. 94–074– 2) and effective on March 1, 1996, we decreased our AQI user fee for commercial aircraft by 13.1 percent after our cost analysis revealed that this fee was too high. One commenter argued that the AQI user fee increases contained in the interim rule placed a disproportionate economic burden on the U.S. airline industry, undermining its attempts at financial recovery. We do not agree with this comment. The December 2004 interim rule included user fee adjustments for the inspection of commercial vessels, commercial trucks, and commercial railroad cars, as well as commercial aircraft, reflecting the increased costs of administering AQI services for all these types of conveyances. Had we exempted airlines from the fee increases, we would have placed an unfair burden on operators of other conveyances by forcing them to pay the airlines’ share of the increased costs. One commenter argued that clarification is needed regarding operational and revenue sharing agreements between CBP and APHIS so that air couriers can understand which agency is responsible for providing specific AQI services under particular circumstances and which agency is responsible for billing for those services. APHIS continues to establish the animal and plant health policies and procedures for the AQI programs, under VerDate Aug<31>2005 15:14 Aug 23, 2006 Jkt 208001 the authority of the Plant Protection Act, while CBP staff carry out most of these policies and procedures. CBP’s agriculture specialists perform the primary inspections. APHIS personnel are still responsible for such functions as pest identification, agricultural product disposal, and fumigations, and are most likely to become involved in the inspection process subsequent to the primary inspection when a treatment is required or a violation of the regulations has occurred. The regulations in § 354.3 contain information on billing and requirements for the remittance of user fees, as well as the tables that list the fees. The December 2004 interim rule included only minor, nonsubstantive changes to the provisions concerning billing and remittances. CBP’s regulations pertaining to user fee billing and remittances are located in title 24 of the Code of Federal Regulations. APHIS and CBP do have a revenue-sharing agreement. Finally, a commenter inquired as to how AQI user fee revenues are distributed between CBP and APHIS. The distribution is based on the cost to each agency of performing the AQI functions covered by a particular fee. APHIS and CBP have a signed memorandum of understanding that specifies how AQI user fee revenues are to be distributed. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule without change. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, this action has been determined to be significant for the purposes of Executive Order 12866 and, therefore, has been reviewed by the Office of Management and Budget. List of Subjects in 7 CFR Part 354 Animal diseases, Exports, Government employees, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Travel and transportation expenses. PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 354 and that was published at 69 FR 71660– 71683 on December 9, 2004. I PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Done in Washington, DC, this 18th day of August 2006. Bruce Knight, Under Secretary for Marketing and Regulatory Programs. [FR Doc. E6–14041 Filed 8–23–06; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 717 RIN 0560–AH64 Removal of Obsolete Regulations; Holding of Referenda Farm Service Agency, USDA. Final rule. AGENCY: ACTION: SUMMARY: This action removes regulations that have been rendered obsolete by expiration of their statutory authority and the ending of the programs they governed. There are no impacts on past or current program operations. EFFECTIVE DATE: August 24, 2006. FOR FURTHER INFORMATION CONTACT: Phillip Elder, Regulatory Review Group, Farm Service Agency, USDA, STOP 0540, 1400 Independence Avenue, SW., Washington, DC 20250–0540; Telephone: (202) 205–5851; e-mail: Phillip.Elder@usda.gov. SUPPLEMENTARY INFORMATION: Discussion of Final Rule This rule removes regulations at 7 CFR Part 717, Holding of Referenda. That regulation has been rendered obsolete by repeal of its statutory authority and the ending of it applicable programs. Part 717 was authorized by the Agricultural Adjustment Act of 1938 (1938 Act), as amended, and was applicable to all referenda held pursuant to that Act. This Act required the Secretary of Agriculture to establish national marketing quotas for fluecured, burley and other types of tobacco in years where producers of such tobacco approved of having a national marketing quota (see 7 U.S.C. 1312 et seq. (2000)). The quotas for the respective crops were approved or disapproved by such producers in a referendum conducted as provided in part 717. Sections 611 through 613 of the American Jobs Creation Act of 2004 (Pub. L. 108–357; the 2004 Act) repealed the tobacco marketing quota and related price support programs authorized by Title III of the 1938 Act and the Agricultural Act of 1949. Thus, the Farm Service Agency has no authority E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations for conducting producer referenda and 7 CFR part 717 is obsolete. Executive Order 12866 This rule related to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective less than 30 days after publication in the Federal Register. Further, because this rule relates to internal agency management, it is exempt from the provisions of Executive Order Nos. 12291 and 12866. Finally, this action is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is therefore exempt from the provisions of that Act. Accordingly, as authorized by section 808 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 808, this rule may be made effective upon publication. Paperwork Reduction Act This rule does not affect any information collections. List of Subjects in 7 CFR Part 717 Agricultural Commodities, Allotments, Price support programs, Quotas, Tobacco. PART 717—[REMOVED] Accordingly, under the authority of 5 U.S.C. 301, 7 CFR Chapter VII is amended by removing part 717. I Signed at Washington, DC on August 9, 2006. Teresa C. Lasseter, Administrator, Farm Service Agency. [FR Doc. 06–7159 Filed 8–23–06; 8:45 am] BILLING CODE 3410–05–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE258; Special Conditions No. 23–198–SC] Special Conditions: Avcon Industries, Inc.; Learjet Model 23 Series Airplanes; High-Intensity Radiated Fields (HIRF) Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. rmajette on PROD1PC67 with RULES1 AGENCY: SUMMARY: These special conditions are issued to Avcon Industries, Inc., for the Learjet Model 23 series airplanes modified by Avcon Industries, Inc. This airplane as modified by Avcon VerDate Aug<31>2005 15:14 Aug 23, 2006 Jkt 208001 Industries, Inc., will have a novel or unusual design feature associated with the installation of a new Reduced Vertical Separation Minimum (RVSM) air data system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is August 17, 2006. Comments must be received on or before September 25, 2006. ADDRESSES: Comments on these special conditions may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE–7, Attention: Rules Docket CE258, 901 Locust, Room 506, Kansas City, Missouri 64106 or delivered in duplicate to the Regional Counsel at the above address. Comments must be marked: CE258. Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Ervin Dvorak, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE–111, 901 Locust, Room 301, Kansas City, Missouri 64106; 816–329– 4123; fax 816–329–4090. SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment hereon are impracticable because these procedures would significantly delay issuance of the approval design and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective on issuance. Comments Invited Interested persons are invited to submit such written data, views, or arguments as they may desire. Communications should identify the regulatory docket or special condition number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The special conditions may be changed in light of the comments received. All comments received will be available in PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 49987 the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to CE258.’’ The postcard will be date stamped and returned to the commenter. Background On June 26, 2006, Avcon Industries, Inc.; P.O. Box 748; Newton, Kansas 67114, applied for a supplemental type certificate (STC) to modify Learjet Model 23 series airplanes currently approved under Type Certificate (TC) No. A5CE. The Learjet 23 series airplanes are normal category airplanes powered by two turbojet engines, with a maximum takeoff weight of 12,500 pounds. These airplanes operate with a 2-person crew and can seat up to 8 passengers. The proposed modification is the installation of an Innovative Solutions & Support Air Data Display Units and Analog Interface Unit. The avionics/electronics and electrical systems installed in this airplane have the potential to be vulnerable to HIRF external to the airplane. Type Certification Basis Under the provisions of § 21.101, Avcon Industries, Inc., must show that the Learjet Model 23 series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A5CE, or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the ‘‘original type certification basis.’’ The regulations incorporated by reference in the Type Certificate No. A5CE for the Learjet Model 23 series airplanes includes Civil Air Regulations (CAR), part 3, effective May 15, 1956, as amended by Amendments 3–1 through 3–8, plus special conditions set forth in FAA letter to Learjet, dated November 12, 1963, and Amendment No. 1, dated July 31, 1964, and No. 2, dated March 14, 1966, and Exception No. 352 from compliance with CAR 3.74(a)(2) and (3) for ground operation at a maximum weight of 12,750 pounds. If the Administrator finds that the applicable airworthiness regulations (i.e., part 23, as amended) do not E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Rules and Regulations]
[Pages 49986-49987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7159]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 717

RIN 0560-AH64


Removal of Obsolete Regulations; Holding of Referenda

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: This action removes regulations that have been rendered 
obsolete by expiration of their statutory authority and the ending of 
the programs they governed. There are no impacts on past or current 
program operations.

EFFECTIVE DATE: August 24, 2006.

FOR FURTHER INFORMATION CONTACT: Phillip Elder, Regulatory Review 
Group, Farm Service Agency, USDA, STOP 0540, 1400 Independence Avenue, 
SW., Washington, DC 20250-0540; Telephone: (202) 205-5851; e-mail: 
Phillip.Elder@usda.gov.

SUPPLEMENTARY INFORMATION:

Discussion of Final Rule

    This rule removes regulations at 7 CFR Part 717, Holding of 
Referenda. That regulation has been rendered obsolete by repeal of its 
statutory authority and the ending of it applicable programs. Part 717 
was authorized by the Agricultural Adjustment Act of 1938 (1938 Act), 
as amended, and was applicable to all referenda held pursuant to that 
Act. This Act required the Secretary of Agriculture to establish 
national marketing quotas for flue-cured, burley and other types of 
tobacco in years where producers of such tobacco approved of having a 
national marketing quota (see 7 U.S.C. 1312 et seq. (2000)). The quotas 
for the respective crops were approved or disapproved by such producers 
in a referendum conducted as provided in part 717. Sections 611 through 
613 of the American Jobs Creation Act of 2004 (Pub. L. 108-357; the 
2004 Act) repealed the tobacco marketing quota and related price 
support programs authorized by Title III of the 1938 Act and the 
Agricultural Act of 1949. Thus, the Farm Service Agency has no 
authority

[[Page 49987]]

for conducting producer referenda and 7 CFR part 717 is obsolete.

Executive Order 12866

    This rule related to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for comment are not required, and this rule may be made effective less 
than 30 days after publication in the Federal Register. Further, 
because this rule relates to internal agency management, it is exempt 
from the provisions of Executive Order Nos. 12291 and 12866. Finally, 
this action is not a rule as defined by the Regulatory Flexibility Act, 
5 U.S.C. 601, et seq., and is therefore exempt from the provisions of 
that Act. Accordingly, as authorized by section 808 of the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 808, 
this rule may be made effective upon publication.

Paperwork Reduction Act

    This rule does not affect any information collections.

List of Subjects in 7 CFR Part 717

    Agricultural Commodities, Allotments, Price support programs, 
Quotas, Tobacco.

PART 717--[REMOVED]

0
Accordingly, under the authority of 5 U.S.C. 301, 7 CFR Chapter VII is 
amended by removing part 717.

    Signed at Washington, DC on August 9, 2006.
Teresa C. Lasseter,
Administrator, Farm Service Agency.
[FR Doc. 06-7159 Filed 8-23-06; 8:45 am]
BILLING CODE 3410-05-M

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