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contains regulatory documents having general

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are keyed to and codified in the Code of

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REGISTER issue of each week.

Rules and Regulations Federal Register

52285 

Vol. 71, No. 171 

Tuesday, September 5, 2006 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1219 

[Doc. No. FV–06–701–FR] 

Amendment to the Hass Avocado 

Promotion, Research, and Information 

Order: Adjust Representation on the 

Hass Avocado Board 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule adjusts the number 

of members on the Hass Avocado Board 

(Board) to reflect changes in the 

production of domestic Hass avocados 

in the United States and the volume of 

imported Hass avocados into the U.S. 

over the 2003, 2004, and 2005 calendar 

years, which are three years after 

assessments commenced. These 

adjustments are required by the Hass 

Avocado Promotion, Research, and 

Information Order (Order). The results 

of the adjustment is one additional 

importer member and alternate and one 

less domestic producer member and 

alternate of Hass avocados that are 

subject to assessments. As a result of 

these changes, the Board membership 

will be composed of seven domestic 

producer members and alternates and 

five importer members and alternates. 

Currently, the Board is composed of 

eight domestic producer members and 

alternates, and four importer members 

and alternates. These changes to the 

Board are effective for the Secretary of 

Agriculture’s 2006 appointments. 

EFFECTIVE DATE: October 5, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Marlene M. Betts, Research and 

Promotion Branch, Fruit and Vegetable 

Programs, Agricultural Marketing 

Service, USDA, Stop 0244, 1400 

Independence Avenue, SW., Room 

2535–S, Washington, DC 20250–0244, 

telephone (202) 720–9915, fax (202) 

205–2800, or e-mail 

Marlene.Betts@usda.gov. 

SUPPLEMENTARY INFORMATION: The Hass 

Avocado Promotion, Research, and 

Consumer Information Order (Order) is 

issued under the Hass Avocado 

Promotion, Research, and Information 

Act of 2000 (Act) [7 U.S.C. 7801–7813]. 

Executive Order 12866 

The Office of Management and Budget 

has waived the review process required 

by Executive Order 12866 for this 

action. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. Section 1212(c) 

of the Hass Avocado Promotion, 

Research, and Information Act of 2000 

states that the Act may not be construed 

to preempt or supersede any other 

program relating to Hass avocado 

promotion, research, industry 

information, and consumer information 

organized and operated under the laws 

of the United States or of a State. 

Under Section 1207(a)(1) of the Hass 

Avocado Promotion, Research, and 

Information Act of 2000, a person 

subject to the Order may file a petition 

with the Department of Agriculture 

(USDA) stating that the Order, any 

provision for the Order, or any 

obligation imposed in connection with 

the Order, is not established in 

accordance with law, and requesting a 

modification of the Order or an 

exemption from the Order. Any petition 

filed challenging the Order, any 

provision of the Order, or any obligation 

imposed in connection with the Order, 

shall be filed within two years after the 

effective date of the Order, provision, or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The Act provides 

that the district court of the United 

States in any district in which the 

petitioner resides or conducts business 

shall have the jurisdiction to review a 

final ruling on the petition, if the 

petitioner files a complaint for that 

purpose not later that 20 days after the 

date of the entry of USDA’s final ruling. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601 et 

seq.], the Agricultural Marketing Service 

has considered the economic impact of 

this action on small entities and has 

certified that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be 

disproportionately burdened. In 

accordance with the provision of the 

Act and section 1219.30 of the Order, 

this rule merely adjusts representation 

on the Board to reflect changes in 

production levels of domestic Hass 

avocados in the U.S. and the volume of 

imported Hass avocados into the U.S. 

over the 2003, 2004, and 2005 calendar 

year. There are approximately 20,000 

producers and 200 importers, covered 

by the Hass avocado program. The 

Small Business Administration [13 CFR 

121.201] defines small agricultural 

producers as those having annual 

receipts of $750,000 or less annually 

and small agricultural service firms as 

those having annual receipts of $6.5 

million or less. Importers would be 

considered agricultural service firms. 

Using these criteria, most producers and 

importers covered by the program 

would be considered small businesses 

under the criteria established by the 

Small Business Administration (13 CFR 

121.201). 

At its January 2006 meeting, the 

Board reviewed the production for the 

domestic Hass avocados in the U.S. and 

the volume of imported Hass avocados 

over the 2003, 2004, and 2005 calendar 

years and decided to recommend one 

additional member and alternate 

member for importers and one less 

member and alternate for domestic 

producers of Hass avocados that are 

subject to the assessment. The total 

average combined volume of Hass 

avocados produced in the U.S. and 

imported into the U.S. for the 2003, 

2004, and 2005 calendar years was 712 

million pounds. Of this amount, 53.2 

percent was Hass avocados imported 

into the U.S. and 46.8 percent was 

domestically produced Hass avocados. 

Representation on the Board (12) is 

comprised of: (1) Seven producer 

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; 

and, (3) three producer or importer 

members and their alternates, also 

known as the ‘‘swing seats.’’ Under the 

Act and Order the three ‘‘swing seats’’

are allocated so as to reflect as nearly as 

possible the proportion of domestic 

production and imports supplying the 

U.S. market. The proportion is based on 

the average volume of domestic 

production and the average volume of 

imports into the U.S. market over the 

previous three years. With regard to 

alternatives, the adjustments to the three 

‘‘swing seats’’ in this rule are in 

conformance with the provisions of the 

Act and Order. This rule merely adjusts 

representation on the Board to provide 

the ‘‘swing seats’’ with three importer 

members and imposes no new burden 

on the industry. 

There are no relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

In accordance with the Office of 

Management and Budget (OMB) 

regulation [5 CFR part 1320] which 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. Chapter 35], the 

information collection and 

recordkeeping requirements that are 

imposed by the Order have been 

approved previously under OMB 

control number 0581–0093. This rule 

does not result in a change to the 

information collection and 

recordkeeping requirements previously 

approved. 

Background 

The Hass Avocado Promotion, 

Research, and Information Act of 2000 

(7 U.S.C. 7801–7813) provides for the 

establishment of a coordinated program 

of promotion, research, industry 

information, and consumer information 

designed to strengthen the avocado 

industry’s position in the domestic 

marketplace, and to maintain, develop, 

and expand markets and uses for Hass 

avocados in the domestic marketplace. 

The program is financed by an 

assessment of 2.5 cents per pound on 

fresh Hass avocados produced and 

handled in the U.S. and on fresh Hass 

avocados imported into the U.S. Also 

under the Act, the Secretary may issue 

regulations. Pursuant to the Act, an 

Order was made effective September 9, 

2002. The Order established a Board of 

12 members and alternates. For 

purposes of establishing the Board, 

seven members and their alternates 

shall be producers of Hass avocados; 

two members and their alternates shall 

be importers of Hass avocados; and, 

three members and their alternates shall 

be producers or importers of Hass 

avocados, also known as the ‘‘swing 

seats.’’ The three ‘‘swing seats’’ are 

allocated so as to reflect as nearly as 

possible the proportion of domestic 

production and imports supplying the 

U.S. market. Such proportion is 

determined using the average volume of 

domestic production and the average 

volume of imports into the U.S. market 

over the previous three years. 

Section 1219.30(c) of the Order 

provides that at the end of three years 

after assessment funds began, the Board 

shall review the production of domestic 

Hass avocados in the U.S. and the 

volume of imported Hass avocados on 

the basis of the amount of assessments 

collected from producers and importers 

over the immediately preceding threeyear period. The Board may recommend 

to the Secretary modification to the 

Board based on proportion of domestic 

production and imports supplying the 

U.S. market. 

At its January 2006 meeting, the 

Board reviewed the production for the 

domestic Hass avocados in the U.S. and 

the volume of imported Hass avocados 

over the 2003, 2004, and 2005 calendar 

years and decided to recommended one 

additional member and alternate 

member for importers and one less 

member and alternate for domestic 

producers of Hass avocados that are 

subject to the assessment. The total 

average combined volume of Hass 

avocados produced in the U.S. and 

imported into the U.S. for the 2003, 

2004, and 2005 calendar years was 712 

million pounds. Of this amount, 53.2 

percent was Hass avocados imported 

into the U.S. and 46.8 percent was 

domestically produced Hass avocados. 

Representation on the Board (12) is 

comprised of: (1) Seven producer 

members and their alternates; (2) two 

importer members and their alternates; 

and, (3) three producer or importer 

members and their alternates, also 

known as the ‘‘swing seats.’’ Under the 

Act and Order the three ‘‘swing seats’’

are allocated so as to reflect as nearly as 

possible the proportion of domestic 

production and imports supplying the 

U.S. market. The proportion is based on 

the average volume of domestic 

production and the average volume of 

imports into the U.S. market over the 

previous three years. 

The current 12 member Board is 

composed of eight producer members 

and alternates, and four importer 

members and alternates; meaning (1) 

seven producer members and alternates; 

(2) two importer members and 

alternates; and, (3) of the three ‘‘swing 

seats’’ two are currently importer 

member and alternate seats and one is 

a producer member and alternate seat. 

On May 9, 2006, an interim final rule 

concerning this action was published in 

the Federal Register. Copies of the rule 

were made available through the 

Internet by USDA and the Office of the 

Federal Register. The rule provided a 

60-day comment period which ended 

July 10, 2006. Two comments were 

received, both of which were favorable. 

The commenters’ support the rule that 

adjusts the number of producer and 

importer members on the Hass Avocado 

Board. The commenters’ support the 

adjustment to the Board that would give 

the three ‘‘swing seats’’ to the importers. 

In addition, the commenters state that it 

is important that the change be made as 

part of the Secretary’s 2006 

appointments so that members currently 

serving could complete their terms of 

office and easily seat the new members 

at the start of the Board’s fiscal year. 

Both commenters support the 

implementation of the interim final rule 

as it was presented. However, one 

commenter was of the view that under 

the Act and Order, the Board had 

authority to conduct the administrative 

process leading to recommending 

candidates to the Secretary and that 

rulemaking was unnecessary to 

complete the process to adjust 

representation on the Board. We 

disagree. The Department properly 

initiated rulemaking to adjust 

representation on the Board and this 

action completes the rulemaking 

process. 

After consideration of all relevant 

material presented including comments, 

the Board’s recommendation, and other 

information, the interim final rule, as 

published in the Federal Register (71 

FR 26821) on May 9, 2006, is adopted 

as a final rule. 

Representation on the Board based on 

the changes in the production of 

domestic Hass avocados and the volume 

of imported Hass avocados into the U.S. 

over the 2003, 2004, and 2005 calendar 

year results in one additional importer 

member and alternate and one less 

producer member and alternate. 

Accordingly, all of the ‘‘swing seats’’ are 

importers’ therefore, the 12-member 

Board will be comprised of seven 

producer members and alternates and 

five importer members and alternates 

effective for the Secretary of 

Agriculture’s 2006 appointments. 

List of Subjects in 7 CFR Part 1219 

Administrative practice and 

procedure, Advertising, Consumer 

information, Hass avocados, Hass 

avocado promotion, Marketing 

agreements, Reporting and 

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 

preamble, under the authority of 7 

U.S.C. 7801–7813 the amendments to 7 

CFR part 1219 published at 71 FR 

26821, May 9, 2006, are adopted as final 

without change. 

Dated: August 24, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–7372 Filed 9–1–06; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91, 121, 125 and 135 

[Docket No. 2005–23462] 

RIN 2120–AI64 

Thermal/Acoustic Insulation Installed 

on Transport Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Disposition of comments on 

final rule. 

SUMMARY: On December 30, 2005, the 

FAA published a final rule; request for 

comments (Amendment Nos. 91–290, 

121–320, 125–50, and 135–103), on the 

requirements for thermal/acoustic 

insulation flammability (70 FR 77748). 

We sought public comments on those 

amendments, but they became effective 

on February 28, 2006. This action 

responds to the comments received on 

that final rule; request for comments. 

ADDRESSES: You may review the public 

docket (Docket No. 2005–23462) in the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility is on the 

plaza level of the Nassif Building at the 

Department of Transportation, Room 

Plaza 401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. Also you 

may review the public docket on the 

Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, Airframe and Cabin Safety 

Branch (ANM–115), Transport Airplane 

Directorate, Aircraft Certification 

Service, Federal Aviation 

Administration, 1601 Lind Avenue, 

SW., Renton, Washington 98055–4056; 

telephone (425) 227–2136, facsimile 

(425) 227–1149, e-mail: 

jeff.gardlin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 20, 2000, the FAA 

published Notice No. 00–09, which 

proposed to upgrade the flammability 

and fire protection standards for 

thermal/acoustic insulation installed in 

transport category airplanes (65 FR 

56992). The notice contained a 

provision that would require thermal/ 

acoustic insulation to comply with the 

proposed new standards when used as 

replacements on airplanes already in 

service, as well as requirements about 

newly manufactured airplanes. The 

requirement was adopted in the final 

rule, published on July 31, 2003, in 

§§ 91.613(b)(1), 121.312(e)(1), 

125.113(c)(1), and 135.170(c)(1) (68 FR 

45046). These rules required operators 

to use replacement insulation materials 

meeting the requirements of § 25.856 

after September 2, 2005. 

For reasons discussed in the 

preamble, we published Amendment 

Nos. 91–290, 121–320, 125–50, and 

135–103 on December 30, 2005, to 

refocus the requirements for 

replacement materials (70 FR 77748). 

Because of these amendments, only 

certain types of thermal/acoustic 

insulation are required to comply with 

the upgraded standards when replaced. 

As noted in the preamble, the revised 

requirements align the regulatory 

language more closely with the intent of 

the provision. 

Although the immediately adopted 

rule revised the replacement provisions, 

we requested comments on the 

provisions. Six commenters responded 

to the request for comments. 

Discussion of Comments 

The General Aviation Manufacturers 

Association and Continental Airlines 

support the rule as written. AMIS 

International provided comments that 

were not directed at the substance of the 

amendments. Airbus, Boeing and the 

National Air Transport Association 

(NATA) support the rule, but suggest 

further changes as well. 

Boeing suggests we further amend the 

rules so the requirements of 14 CFR part 

25 match the revised requirements for 

replacement materials. The FAA does 

not agree. The intent of the part 25 rule 

is to upgrade the standards for thermal/ 

acoustic insulation in the fuselage of 

transport category airplanes. Advisory 

Circular 25.856–1, Thermal/Acoustic 

Insulation Flame Propagation Test 

Method Details, dated 6/24/05, provides 

discussion and methods of compliance 

for specific installations that simplify 

the compliance demonstration. 

Conversely, the provision on 

replacement thermal/acoustic insulation 

is intended to address insulation that is 

often replaced. The objective of that 

requirement is to encourage production 

only of materials that comply with the 

new standards, as well as to purge 

inventories of materials that do not 

comply. Thus, the two provisions are 

complementary, and need not be the 

same. Since manufacturers are 

producing airplanes that comply with 

the existing requirements of § 25.856(a), 

the requirements are clearly feasible. 

Changing part 25 as requested would 

reduce the level of safety already 

achieved. 

Boeing further suggests the definition 

of insulation provided in the final rule 

be included in Advisory Circular 

25.856–1 and possibly § 25.856(a) to be 

consistent. The FAA does not agree. 

Amendment 91–290 et al., does not 

‘‘define’’ insulation. These amendments 

modify the applicability of requirements 

for insulation. That is, they specify the 

conditions under which we require 

compliance with § 25.856(a) for 

replacement thermal/acoustic 

insulation. Thus, we require no changes 

to the advisory circular since it pertains 

to compliance with § 25.856(a), and 

does not apply if compliance with 

§ 25.856(a) is not required. 

Boeing also suggests we change the 

rule to exclude blanket type insulation 

installed inside galley inserts or other 

components. These components can be 

replaced and it is not obvious the 

replacement includes insulation. The 

FAA does not agree. Advisory Circular 

25.856–1 already addresses these 

components, and describes a means of 

compliance that does not necessitate 

testing in most cases. Since compliant 

materials are available for those cases 

when testing is required, the rule should 

remain as is. 

Airbus similarly suggests we change 

the replacement provision to exclude 

blanket type insulation when bonded to 

interior panels, such as sidewalls or 

floors. Airbus notes that these are 

infrequently replaced and it would be 

difficult to change the insulation. The 

FAA does not agree. Although the 

insulation is bonded to these panels, if 

it is in blanket form, there are available 

substitutes that comply. As long as 

operators are aware of the particular 

parts that are affected, they can 

accommodate the upgraded materials 

into their maintenance plan. 

Airbus also notes that it used many 

resources to modify its affected parts 

and drawings before the compliance 

date, and now some of that effort 

appears wasted. Because the issues with 

replacement insulation were identified 

very late in the process, the FAA 

acknowledges that Airbus’ proactive 


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