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52285

Rules and Regulations Federal Register


Vol. 71, No. 171

Tuesday, September 5, 2006

This section of the FEDERAL REGISTER telephone (202) 720–9915, fax (202) Regulatory Flexibility Act and
contains regulatory documents having general 205–2800, or e-mail Paperwork Reduction Act
applicability and legal effect, most of which Marlene.Betts@usda.gov.
are keyed to and codified in the Code of In accordance with the Regulatory
Federal Regulations, which is published under SUPPLEMENTARY INFORMATION: The Hass Flexibility Act (RFA) [5 U.S.C. 601 et
50 titles pursuant to 44 U.S.C. 1510. seq.], the Agricultural Marketing Service
Avocado Promotion, Research, and
has considered the economic impact of
Consumer Information Order (Order) is
The Code of Federal Regulations is sold by this action on small entities and has
the Superintendent of Documents. Prices of issued under the Hass Avocado
certified that this rule will not have a
new books are listed in the first FEDERAL Promotion, Research, and Information
significant economic impact on a
REGISTER issue of each week. Act of 2000 (Act) [7 U.S.C. 7801–7813]. substantial number of small entities.
Executive Order 12866 The purpose of the RFA is to fit
regulatory actions to the scale of
DEPARTMENT OF AGRICULTURE The Office of Management and Budget businesses subject to such actions so
has waived the review process required that small businesses will not be
Agricultural Marketing Service
by Executive Order 12866 for this disproportionately burdened. In
7 CFR Part 1219 action. accordance with the provision of the
Act and section 1219.30 of the Order,
[Doc. No. FV–06–701–FR] Executive Order 12988
this rule merely adjusts representation
This rule has been reviewed under on the Board to reflect changes in
Amendment to the Hass Avocado production levels of domestic Hass
Promotion, Research, and Information Executive Order 12988, Civil Justice
Reform. This rule is not intended to avocados in the U.S. and the volume of
Order: Adjust Representation on the imported Hass avocados into the U.S.
Hass Avocado Board have retroactive effect. Section 1212(c)
of the Hass Avocado Promotion, over the 2003, 2004, and 2005 calendar
AGENCY: Agricultural Marketing Service, Research, and Information Act of 2000 year. There are approximately 20,000
USDA. states that the Act may not be construed producers and 200 importers, covered
ACTION: Final rule. to preempt or supersede any other by the Hass avocado program. The
program relating to Hass avocado Small Business Administration [13 CFR
SUMMARY: This rule adjusts the number 121.201] defines small agricultural
promotion, research, industry
of members on the Hass Avocado Board producers as those having annual
information, and consumer information
(Board) to reflect changes in the receipts of $750,000 or less annually
organized and operated under the laws
production of domestic Hass avocados and small agricultural service firms as
in the United States and the volume of of the United States or of a State.
those having annual receipts of $6.5
imported Hass avocados into the U.S. Under Section 1207(a)(1) of the Hass million or less. Importers would be
over the 2003, 2004, and 2005 calendar Avocado Promotion, Research, and considered agricultural service firms.
years, which are three years after Information Act of 2000, a person Using these criteria, most producers and
assessments commenced. These subject to the Order may file a petition importers covered by the program
adjustments are required by the Hass with the Department of Agriculture would be considered small businesses
Avocado Promotion, Research, and (USDA) stating that the Order, any under the criteria established by the
Information Order (Order). The results provision for the Order, or any Small Business Administration (13 CFR
of the adjustment is one additional obligation imposed in connection with 121.201).
importer member and alternate and one the Order, is not established in At its January 2006 meeting, the
less domestic producer member and accordance with law, and requesting a Board reviewed the production for the
alternate of Hass avocados that are modification of the Order or an domestic Hass avocados in the U.S. and
subject to assessments. As a result of exemption from the Order. Any petition the volume of imported Hass avocados
these changes, the Board membership filed challenging the Order, any over the 2003, 2004, and 2005 calendar
will be composed of seven domestic provision of the Order, or any obligation years and decided to recommend one
producer members and alternates and imposed in connection with the Order, additional member and alternate
five importer members and alternates. shall be filed within two years after the member for importers and one less
Currently, the Board is composed of effective date of the Order, provision, or member and alternate for domestic
eight domestic producer members and obligation subject to challenge in the producers of Hass avocados that are
alternates, and four importer members petition. The petitioner will have the subject to the assessment. The total
and alternates. These changes to the opportunity for a hearing on the average combined volume of Hass
Board are effective for the Secretary of petition. Thereafter, USDA will issue a avocados produced in the U.S. and
Agriculture’s 2006 appointments. ruling on the petition. The Act provides imported into the U.S. for the 2003,
EFFECTIVE DATE: October 5, 2006. that the district court of the United 2004, and 2005 calendar years was 712
FOR FURTHER INFORMATION CONTACT: States in any district in which the million pounds. Of this amount, 53.2
Marlene M. Betts, Research and petitioner resides or conducts business percent was Hass avocados imported
Promotion Branch, Fruit and Vegetable shall have the jurisdiction to review a into the U.S. and 46.8 percent was
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Programs, Agricultural Marketing final ruling on the petition, if the domestically produced Hass avocados.
Service, USDA, Stop 0244, 1400 petitioner files a complaint for that Representation on the Board (12) is
Independence Avenue, SW., Room purpose not later that 20 days after the comprised of: (1) Seven producer
2535–S, Washington, DC 20250–0244, date of the entry of USDA’s final ruling. members and their alternates; (2) two

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52286 Federal Register / Vol. 71, No. 171 / Tuesday, September 5, 2006 / Rules and Regulations

importer members and their alternates; seats.’’ The three ‘‘swing seats’’ are On May 9, 2006, an interim final rule
and, (3) three producer or importer allocated so as to reflect as nearly as concerning this action was published in
members and their alternates, also possible the proportion of domestic the Federal Register. Copies of the rule
known as the ‘‘swing seats.’’ Under the production and imports supplying the were made available through the
Act and Order the three ‘‘swing seats’’ U.S. market. Such proportion is Internet by USDA and the Office of the
are allocated so as to reflect as nearly as determined using the average volume of Federal Register. The rule provided a
possible the proportion of domestic domestic production and the average 60-day comment period which ended
production and imports supplying the volume of imports into the U.S. market July 10, 2006. Two comments were
U.S. market. The proportion is based on over the previous three years. received, both of which were favorable.
the average volume of domestic Section 1219.30(c) of the Order The commenters’ support the rule that
production and the average volume of provides that at the end of three years adjusts the number of producer and
imports into the U.S. market over the after assessment funds began, the Board importer members on the Hass Avocado
previous three years. With regard to shall review the production of domestic Board. The commenters’ support the
alternatives, the adjustments to the three Hass avocados in the U.S. and the adjustment to the Board that would give
‘‘swing seats’’ in this rule are in volume of imported Hass avocados on the three ‘‘swing seats’’ to the importers.
conformance with the provisions of the the basis of the amount of assessments In addition, the commenters state that it
Act and Order. This rule merely adjusts collected from producers and importers is important that the change be made as
representation on the Board to provide over the immediately preceding three- part of the Secretary’s 2006
the ‘‘swing seats’’ with three importer year period. The Board may recommend appointments so that members currently
members and imposes no new burden to the Secretary modification to the serving could complete their terms of
on the industry. Board based on proportion of domestic office and easily seat the new members
There are no relevant Federal rules production and imports supplying the at the start of the Board’s fiscal year.
that duplicate, overlap, or conflict with U.S. market. Both commenters support the
this rule. At its January 2006 meeting, the implementation of the interim final rule
In accordance with the Office of
Board reviewed the production for the as it was presented. However, one
Management and Budget (OMB)
domestic Hass avocados in the U.S. and commenter was of the view that under
regulation [5 CFR part 1320] which
the volume of imported Hass avocados the Act and Order, the Board had
implements the Paperwork Reduction
over the 2003, 2004, and 2005 calendar authority to conduct the administrative
Act of 1995 [44 U.S.C. Chapter 35], the
years and decided to recommended one process leading to recommending
information collection and
additional member and alternate candidates to the Secretary and that
recordkeeping requirements that are
member for importers and one less rulemaking was unnecessary to
imposed by the Order have been
member and alternate for domestic complete the process to adjust
approved previously under OMB
producers of Hass avocados that are representation on the Board. We
control number 0581–0093. This rule
does not result in a change to the subject to the assessment. The total disagree. The Department properly
information collection and average combined volume of Hass initiated rulemaking to adjust
recordkeeping requirements previously avocados produced in the U.S. and representation on the Board and this
approved. imported into the U.S. for the 2003, action completes the rulemaking
2004, and 2005 calendar years was 712 process.
Background million pounds. Of this amount, 53.2 After consideration of all relevant
The Hass Avocado Promotion, percent was Hass avocados imported material presented including comments,
Research, and Information Act of 2000 into the U.S. and 46.8 percent was the Board’s recommendation, and other
(7 U.S.C. 7801–7813) provides for the domestically produced Hass avocados. information, the interim final rule, as
establishment of a coordinated program Representation on the Board (12) is published in the Federal Register (71
of promotion, research, industry comprised of: (1) Seven producer FR 26821) on May 9, 2006, is adopted
information, and consumer information members and their alternates; (2) two as a final rule.
designed to strengthen the avocado importer members and their alternates; Representation on the Board based on
industry’s position in the domestic and, (3) three producer or importer the changes in the production of
marketplace, and to maintain, develop, members and their alternates, also domestic Hass avocados and the volume
and expand markets and uses for Hass known as the ‘‘swing seats.’’ Under the of imported Hass avocados into the U.S.
avocados in the domestic marketplace. Act and Order the three ‘‘swing seats’’ over the 2003, 2004, and 2005 calendar
The program is financed by an are allocated so as to reflect as nearly as year results in one additional importer
assessment of 2.5 cents per pound on possible the proportion of domestic member and alternate and one less
fresh Hass avocados produced and production and imports supplying the producer member and alternate.
handled in the U.S. and on fresh Hass U.S. market. The proportion is based on Accordingly, all of the ‘‘swing seats’’ are
avocados imported into the U.S. Also the average volume of domestic importers’ therefore, the 12-member
under the Act, the Secretary may issue production and the average volume of Board will be comprised of seven
regulations. Pursuant to the Act, an imports into the U.S. market over the producer members and alternates and
Order was made effective September 9, previous three years. five importer members and alternates
2002. The Order established a Board of The current 12 member Board is effective for the Secretary of
12 members and alternates. For composed of eight producer members Agriculture’s 2006 appointments.
purposes of establishing the Board, and alternates, and four importer
List of Subjects in 7 CFR Part 1219
seven members and their alternates members and alternates; meaning (1)
shall be producers of Hass avocados; seven producer members and alternates; Administrative practice and
two members and their alternates shall (2) two importer members and procedure, Advertising, Consumer
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be importers of Hass avocados; and, alternates; and, (3) of the three ‘‘swing information, Hass avocados, Hass
three members and their alternates shall seats’’ two are currently importer avocado promotion, Marketing
be producers or importers of Hass member and alternate seats and one is agreements, Reporting and
avocados, also known as the ‘‘swing a producer member and alternate seat. recordkeeping requirements.

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Federal Register / Vol. 71, No. 171 / Tuesday, September 5, 2006 / Rules and Regulations 52287

■ For the reasons set forth in the Background is intended to address insulation that is
preamble, under the authority of 7 On September 20, 2000, the FAA often replaced. The objective of that
U.S.C. 7801–7813 the amendments to 7 published Notice No. 00–09, which requirement is to encourage production
CFR part 1219 published at 71 FR proposed to upgrade the flammability only of materials that comply with the
26821, May 9, 2006, are adopted as final and fire protection standards for new standards, as well as to purge
without change. thermal/acoustic insulation installed in inventories of materials that do not
Dated: August 24, 2006. transport category airplanes (65 FR comply. Thus, the two provisions are
complementary, and need not be the
Lloyd C. Day, 56992). The notice contained a
same. Since manufacturers are
Administrator, Agricultural Marketing provision that would require thermal/
producing airplanes that comply with
Service. acoustic insulation to comply with the
the existing requirements of § 25.856(a),
[FR Doc. 06–7372 Filed 9–1–06; 8:45 am] proposed new standards when used as
the requirements are clearly feasible.
BILLING CODE 3410–02–P replacements on airplanes already in
Changing part 25 as requested would
service, as well as requirements about
reduce the level of safety already
newly manufactured airplanes. The
achieved.
requirement was adopted in the final Boeing further suggests the definition
DEPARTMENT OF TRANSPORTATION rule, published on July 31, 2003, in of insulation provided in the final rule
§§ 91.613(b)(1), 121.312(e)(1), be included in Advisory Circular
Federal Aviation Administration 125.113(c)(1), and 135.170(c)(1) (68 FR 25.856–1 and possibly § 25.856(a) to be
45046). These rules required operators consistent. The FAA does not agree.
14 CFR Parts 91, 121, 125 and 135 to use replacement insulation materials Amendment 91–290 et al., does not
meeting the requirements of § 25.856 ‘‘define’’ insulation. These amendments
[Docket No. 2005–23462] after September 2, 2005. modify the applicability of requirements
For reasons discussed in the for insulation. That is, they specify the
RIN 2120–AI64
preamble, we published Amendment conditions under which we require
Nos. 91–290, 121–320, 125–50, and compliance with § 25.856(a) for
Thermal/Acoustic Insulation Installed 135–103 on December 30, 2005, to replacement thermal/acoustic
on Transport Category Airplanes refocus the requirements for insulation. Thus, we require no changes
replacement materials (70 FR 77748). to the advisory circular since it pertains
AGENCY: Federal Aviation Because of these amendments, only to compliance with § 25.856(a), and
Administration (FAA), DOT. certain types of thermal/acoustic does not apply if compliance with
ACTION: Disposition of comments on insulation are required to comply with § 25.856(a) is not required.
final rule. the upgraded standards when replaced. Boeing also suggests we change the
As noted in the preamble, the revised rule to exclude blanket type insulation
SUMMARY: On December 30, 2005, the requirements align the regulatory installed inside galley inserts or other
FAA published a final rule; request for language more closely with the intent of components. These components can be
comments (Amendment Nos. 91–290, the provision. replaced and it is not obvious the
121–320, 125–50, and 135–103), on the Although the immediately adopted replacement includes insulation. The
requirements for thermal/acoustic rule revised the replacement provisions, FAA does not agree. Advisory Circular
insulation flammability (70 FR 77748). we requested comments on the 25.856–1 already addresses these
We sought public comments on those provisions. Six commenters responded components, and describes a means of
amendments, but they became effective to the request for comments. compliance that does not necessitate
on February 28, 2006. This action testing in most cases. Since compliant
responds to the comments received on Discussion of Comments
materials are available for those cases
that final rule; request for comments. The General Aviation Manufacturers when testing is required, the rule should
ADDRESSES: You may review the public Association and Continental Airlines remain as is.
docket (Docket No. 2005–23462) in the support the rule as written. AMIS Airbus similarly suggests we change
Docket Management Facility between 9 International provided comments that the replacement provision to exclude
a.m. and 5 p.m., Monday through were not directed at the substance of the blanket type insulation when bonded to
Friday, except Federal holidays. The amendments. Airbus, Boeing and the interior panels, such as sidewalls or
Docket Management Facility is on the National Air Transport Association floors. Airbus notes that these are
plaza level of the Nassif Building at the (NATA) support the rule, but suggest infrequently replaced and it would be
Department of Transportation, Room further changes as well. difficult to change the insulation. The
Plaza 401, 400 Seventh Street, SW., Boeing suggests we further amend the FAA does not agree. Although the
Washington, DC 20590–0001. Also you rules so the requirements of 14 CFR part insulation is bonded to these panels, if
may review the public docket on the 25 match the revised requirements for it is in blanket form, there are available
Internet at http://dms.dot.gov. replacement materials. The FAA does substitutes that comply. As long as
not agree. The intent of the part 25 rule operators are aware of the particular
FOR FURTHER INFORMATION CONTACT: Jeff
is to upgrade the standards for thermal/ parts that are affected, they can
Gardlin, Airframe and Cabin Safety acoustic insulation in the fuselage of accommodate the upgraded materials
Branch (ANM–115), Transport Airplane transport category airplanes. Advisory into their maintenance plan.
Directorate, Aircraft Certification Circular 25.856–1, Thermal/Acoustic Airbus also notes that it used many
Service, Federal Aviation Insulation Flame Propagation Test resources to modify its affected parts
Administration, 1601 Lind Avenue, Method Details, dated 6/24/05, provides and drawings before the compliance
SW., Renton, Washington 98055–4056; discussion and methods of compliance date, and now some of that effort
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telephone (425) 227–2136, facsimile for specific installations that simplify appears wasted. Because the issues with
(425) 227–1149, e-mail: the compliance demonstration. replacement insulation were identified
jeff.gardlin@faa.gov. Conversely, the provision on very late in the process, the FAA
SUPPLEMENTARY INFORMATION: replacement thermal/acoustic insulation acknowledges that Airbus’ proactive

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