50376 Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Proposed Rules 

$149,954 for salaries; and $100,000 for 

a contingency reserve. 

The major expenditures 

recommended by the committee for the 

2005–06 production year include 

$85,046 for administrative expenses; 

$10,000 for compliance expenses; 

$129,357 for salaries; and $100,000 for 

a contingency reserve. 

The assessment rate recommended by 

the committee was derived by dividing 

anticipated expenses minus the reserve 

funds that will be utilized to meet 

expenses by expected receipts (the 

assessed weight) of California pistachios 

during the 2006–07 season ($340,906 

minus $200,906 divided by 200,000,000 

pounds = $0.0007 per pound). With 

pistachio receipts for the year estimated 

at 200,000,000 pounds, assessment 

income is expected to total $140,000. 

If the assessment rate remains at 

$0.0014 per pound (estimated $280,000 

assessment income), the estimated 

reserve on August 31, 2007, would be 

$448,741. Although this amount would 

still be within the order’s reserve 

requirements, the committee believes it 

should draw down the reserve in the 

event that some of the variable 

components, such as crop estimate, are 

understated. 

The assessment rate recommended by 

the committee is one-half of the current 

assessment rate. The committee believes 

that maintaining the current assessment 

rate would result in a financial reserve 

balance that is higher than needed for 

operations under the order. 

The committee reviewed and 

unanimously recommended these 

expenditures after considering 

information from their Executive 

Subcommittee, which met on March 1, 

2006. As noted, the committee 

considered both eliminating the 

assessment rate for one year and 

assessing at the proposed rate before 

recommending the proposed assessment 

rate of $0.0007 per pound of assessedweight pistachios. This proposed 

assessment rate is one-half of the 

assessment rate currently in effect; and, 

coupled with carry-in funds and 

assessments to be collected, would 

provide adequate funds for the 

committee’s 2006–07 production year 

operations. 

A review of historical information and 

preliminary information pertaining to 

the upcoming production year indicates 

that the grower price for the 2006–07 

production year could range between 

$1.65 and $1.75 per pound of assessedweight pistachios. Therefore, the 

estimated assessment revenue for the 

2006–07 production year as a 

percentage of total grower revenue 

could range between .040 and .042 

percent. 

While assessments impose some 

additional costs on handlers, the costs 

are minimal and uniform on all 

handlers. Some of the additional costs 

may be passed on to producers. 

However, decreasing the assessment rate 

would reduce the burden on handlers, 

and may reduce the burden on 

producers. In addition, the committee’s 

meeting was widely publicized 

throughout the production area 

commodity industry and all interested 

persons were invited to attend the 

meeting and encouraged to participate 

in committee deliberations on all issues. 

Like all committee meetings, the May 

23, 2006, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

Finally, interested persons are invited 

to submit comments on the 

informational and regulatory impacts of 

this action on small businesses. 

This proposed rule would not impose 

additional reporting and recordkeeping 

on both small and large pistachio 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

AMS is committed to compliance 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Thirty days is 

deemed appropriate because the 2006–

07 production year begins on September 

1, 2006, and the marketing order 

requires that the rate of assessment for 

each production year apply to all 

assessable pistachios handled during 

such production year. 

List of Subjects in 7 CFR Part 983 

Marketing agreements, Pistachios, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 983 is proposed to 

be amended as follows: 

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 983 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 983.253 is amended by 

revising paragraph (a) to read as follows: 

§ 983.253 Assessment rate. 

(a) On and after September 1, 2006, a 

continuing assessment rate of $0.0007 

per pound of assessed-weight pistachios 

is established for California pistachios. 

The assessment obligation of each 

handler shall be computed by applying 

the assessment rate to the assessed 

weight computed pursuant to § 983.6. 

* * * * * 

Dated: August 21, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E6–14114 Filed 8–24–06; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25038; Airspace 

Docket No. 06–ANM–4] 

Proposed Revision of Class E 

Airspace; Sheridan, WY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposal would revise 

Class E airspace at Sheridan, WY. 

Additional controlled airspace is 

necessary to accommodate airspace 

using the new Area Navigation (RNAV) 

Global Positioning System (GPS) 

Standard Instrument Approach 

Procedure (SIAP) at Sheridan County 

Airport. The FAA is proposing this 

action to enhance the safety and 

management of aircraft operations at 

Sheridan County Airport. 

DATES: Comments must be received by 

October 10, 2006. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify FAA 

Docket No. FAA–2006–25038; Airspace 

Docket No. 06–ANM–4, at the beginning 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Proposed Rules 50377 

of your comments. You may also submit 

comments through the Internet at 

http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Ed 

Haeseker, Federal Aviation 

Administration, Western Service Area 

Office, 1601 Lind Avenue, SW., Renton, 

VA 98057; telephone (425) 227–2527. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as the may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2006–25038 and Airspace Docket No. 

06–ANM–4) and be submitted in 

triplicate to the Docket Management 

System (see ADDRESSES section for 

address and phone number). You may 

also submit comments through the 

Internet at http://dms.dot.gov 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Continue to FAA 

Docket No. FAA–2006–25038 and 

Airspace Docket No. 06–ANM–4’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

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

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Federal Register’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Area 

Office, Airspace Branch, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Western En Route and 

Oceanic Area Office, Airspace Branch, 

1601 Lind Avenue, SW., Renton, WA 

98055. Communications must identify 

both document numbers for this notice. 

Persons interested in being placed on a 

mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

202–267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedures. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by revising the Class 

E airspace at Sheridan, WY. Additional 

controlled airspace is necessary to 

accommodate aircraft using the new 

RNAV (GPS) SIAP at Sheridan County 

Airport. This action would enhance the 

safety and management of aircraft 

operations at Sheridan County Airport. 

Class E airspace designations are 

published in paragraph 6002 and 6005 

of FAA Order 7400.9N, dated September 

1, 2005, and effective September 15, 

2005, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designation listed in this 

document will be published 

subsequently in this Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this proposed rule, 

when promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR part 71.1 of the FAA Order 

7400.9N, Airspace Designations and 

Reporting Points, dated September 1, 

2005, and effective September 15, 2005, 

is amended as follows: 

Paragraph 6002 Class E airspace areas 

extending upward from the surface of the 

earth. 

* * * * * 

ANM WA E2 Sheridan WY [Revised] 

Sheridan County Airport, WY 

(Lat. 44°46′09′′ N., long. 106°58′49′′ W.) 

Sheridan VORTAC 

(Lat. 44°50′32′′ N., long. 107°03′40′′ W.) 

That airspace extending upward from the 

surface within a 4.5-mile radius of the 

Sheridan County Airport, and within 4.5 

miles each side of the 157° bearing from the 

airport, extending from the 4.5-mile radius to 

17.6 miles southeast of the airport, and 

within 3.5 miles each side of the Sheridan 

VORTAC 312°(T)/299°(M), 327°(T)/314°(M) 

radials, and 4.0 miles each side of the 

336°(T)/323°(M) bearing from the Sheridan 

County Airport extending from the 4.5-mile 

radius to 10.1 miles northwest of the 

VORTAC, and within 3.5 miles each side of 

the Sheridan VORTAC 140° radial extending 

from the 4.5-mile radius to 21.4 miles 

southeast of the VORTAC. 

* * * * * 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 


cprice-sewell on PROD1PC66 with PROPOSALS
50378 Federal Register / Vol. 71, No. 165 / Friday, August 25, 2006 / Proposed Rules 

ANM WY E5 Sheridan, WY [Revised] 

Sheridan County Airport, WY 

(Lat. 44°46′09′′ N., long. 106°58′49′′ W.) 

Gillette VOR/DME 

(Lat. 44°20′52′′ N., long. 105°32′37′′ W.) 

Crazy Woman VOR/DME 

(Lat. 43°59′59′′ N., long. 106°26′09′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.0 mile 

radius of Sheridan County Airport; that 

airspace extending upward from 1,200 feet 

above the surface beginning at lat. 45°15′00′′ 

N., long. 107°30′00′′ W.; to lat. 45°15′00′′ N., 

long. 107°00′00′′ W.; to lat. 45°00′00′′ N., 

long. 106°40′00′′ W.; to Gillette VOR/DME; to 

Crazy Woman VOR/DME; to lat. 44°00′00′′ N., 

long. 106°45′00′′ W.; to lat. 44°30′00′′ N., 

long. 107°00′00′′ W.; to lat. 45°00′00′′ N., 

long. 107°30′00′′ W.; to point of beginning. 

* * * * * 

Issued in Seattle, Washington, on July 19, 

2006. 

John Warner, 

Manager, Planning and Requirements, 

Western Service Area. 

[FR Doc. 06–7130 Filed 8–24–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–111578–06] 

RIN 1545–BF56 

Computer Software Under Section 

199(c)(5)(B); Hearing Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document cancels a 

public hearing on proposed regulations 

concerning the application of section 

199 of the Internal Revenue Code, 

which provides a deduction for income 

attributable to domestic production 

activities, to certain transactions 

involving computer software. 

DATES: The public hearing, originally 

scheduled for August 29, 2006, at 10 

a.m., is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Hurst of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration), at 

Richard.A.Hurst@irscounsel.treas.gov. 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Thursday, June 1, 

2006, (71 FR 31128), announced that a 

public hearing was scheduled for 

August 29, 2006, at 10 a.m., in the IRS 

Auditorium (New Carrollton Federal 

Building), 5000 Ellin Road, Lanham, 

MD 20706. The subject of the public 

hearing is under section 199 of the 

Internal Revenue Code. 

The public written or electronic 

comment period for these regulations 

will expire on August 30, 2006. The 

outlines of oral comments were due on 

August 8, 2006. The notice of proposed 

rulemaking and notice of public hearing 

instructed those interested in testifying 

at the public hearing to submit a request 

to speak and an outline of the topics to 

be addressed. As of Tuesday, August 15, 

2006, no one has requested to speak. 

Therefore, the public hearing scheduled 

for August 29, 2006, is cancelled. 

Guy R. Traynor, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E6–14090 Filed 8–24–06; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3900 

[WO–3201310–PP–OSHL] 

RIN 1004–AD90 

Commercial Oil Shale Leasing 

Program 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Advance Notice of Proposed 

Rulemaking. 

SUMMARY: The Bureau of Land 

Management (BLM) requests comments 

and suggestions to assist in the writing 

of a proposed rule to establish a 

commercial leasing program for oil 

shale. 

The Energy Policy Act of 2005 directs 

the Secretary of the Interior to: (1) 

Complete a Programmatic 

Environmental Impact Statement (PEIS) 

for a commercial leasing program for oil 

shale and tar sands resources on public 

lands, with emphasis on the most 

geologically prospective lands within 

Colorado, Utah and Wyoming, and (2) 

Publish a final rule establishing such 

program, not later than 180 days after 

completion of the PEIS. On May 18, 

2006, BLM published a final rule for the 

leasing of tar sands. 

As an aid in preparing the proposed 

rule to establish an oil shale commercial 

leasing system and regulate oil shale 

mining operations, we encourage 

members of the public to provide 

comments and suggestions on the 

following key components; royalty rate; 

fair market value for conversion of 

preference right acreage and for 

commercial leasing; diligence; royalty 

determination point; and small tract 

leasing. See Section III for a list of 

specific questions relating to these 

topics. 

DATES: We will accept comments and 

suggestions on the Advance Notice of 

Proposed Rulemaking until September 

25, 2006. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Mail: Director (630), Bureau of Land 

Management, Administrative Record, 

Room 401 LS, Eastern States Office, 

7450 Boston Boulevard, Springfield, 

Virginia 22153. 

Personal or messenger delivery: Room 

401, 1620 L Street, NW., Washington, 

DC 20036. 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

E-mail: 

Comments_washington@blm.gov. 

(Include ‘‘Attn: 1004–AD90’’) 

FOR FURTHER INFORMATION CONTACT: For 

information on the substance of the 

Advance Notice, please contact Ted 

Murphy at (202) 452–0350. For 

information on procedural matters, 

please contact Kelly Odom at (202) 452–

5028. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–

8339, to contact the above individuals 

during business hours. FIRS is available 

twenty-four hours a day, seven days a 

week. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

Commenting on the Advance Notice of 

Proposed Rulemaking 

Written comments or suggestions 

should: 

—Be specific; 

—Explain the reasoning behind your 

comments and suggestions; and 

—Address the issues outlined in the 

Notice. 

For comments and recommendations 

to be the most useful, and most likely 

to influence decisions on the content of 

the proposed rule, they should: 

—Be substantive; 

—Facilitate the development and 

implementation of an 

environmentally-responsible 

commercial leasing system for 

Federally owned oil shale resources 

located on Federal lands. 

The BLM is particularly interested in 

receiving comments and suggestions 


cprice-sewell on PROD1PC66 with PROPOSALS