552 Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Proposed Rules 

from the hearing record. Amendments 

to these manufacturing allowances 

would directly affect the milk 

component values used in Federal order 

milk price formulas for all classes of 

milk. 

Proposed by Dairy Programs, 

Agricultural Marketing Service 

Proposal No. 2 

For all Federal Milk Marketing 

Orders, make such changes as may be 

necessary to make the entire marketing 

agreements and the orders conform with 

any amendments thereto that may result 

from this hearing. 

Copies of this notice of hearing and 

the orders may be procured from the 

Market Administrator of each of the 

aforesaid marketing areas, or from the 

Hearing Clerk, United States 

Department of Agriculture, STOP 

9200—Room 1083, 1400 Independence 

Avenue, SW., Washington, DC 20250–

9200, or may be inspected there. 

Copies of the transcript of testimony 

taken at the hearing will not be available 

for distribution through the Hearing 

Clerk’s Office. If you wish to purchase 

a copy, arrangements may be made with 

the reporter at the hearing. 

From the time that a hearing notice is 

issued and until the issuance of a final 

decision in a proceeding, Department 

employees involved in the decisionmaking process are prohibited from 

discussing the merits of the hearing 

issues on an ex parte basis with any 

person having an interest in the 

proceeding. For this particular 

proceeding, the prohibition applies to 

employees in the following 

organizational units: 

Office of the Secretary of Agriculture. 

Office of the Administrator, 

Agricultural Marketing Service. 

Office of the General Counsel. 

Dairy Programs, Agricultural 

Marketing Service (Washington office) 

and the Offices of all Market 

Administrators. 

Procedural matters are not subject to 

the above prohibition and may be 

discussed at any time. 

Dated: December 30, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–24707 Filed 12–30–05; 4:31 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–23374; Airspace 

Docket No. 05–ACE–34] 

Proposed Establishment of Class E5 

Airspace; David City, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This notice proposes to 

amend Part 71 of the Federal Aviation 

Regulations (14 CFR Part 71) by 

establishing a Class E airspace area 

extending upward from 700 feet above 

the surface at David City Municipal 

Airport, NE. 

DATES: Comments for inclusion in the 

Rules Docket must be received on or 

before January 27, 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 the 

docket number FAA–2005–23374/ 

Airspace Docket No. 05–ACE–34, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they 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 and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2005–23374/Airspace 

Docket No. 05–ACE–34.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRM’s 

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 

Superintendent of Documents’ Web 

page at http://www.access.gpo.gov/nara. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA–

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s 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 procedure. 

The Proposal 

This notice proposes to amend Part 71 

of the Federal Aviation Regulations (14 

CFR Part 71) by establishing a Class E 

airspace area extending upward from 

700 feet above the surface at David City 

Municipal Airport, NE. The 

establishment of a Very High Frequency 

Omni-directional Range (VOR)/Distance 

Measuring Equipment (DME) 

Instrument Approach Procedure (IAP) to 

Runway (RWY) 32 and Area Navigation 

(RNAV) Global Positioning System 

(GPS) IAPs to RWYs 14 and 32 have 

made this action necessary. The 

intended effect of this proposal is to 

provide adequate controlled airspace for 

Instrument Flight Rules operations at 

David City Municipal Airport, NE. The 

area would be depicted on appropriate 

aeronautical charts. 

Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the earth are published in 

Paragraph 6005 of FAA Order 7400.9N, 

dated September 1, 2005, and effective 

September 16, 2005, which is 

incorporated by reference in 14 CFR 


bjneal on PROD1PC70 with PROPOSALS
Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Proposed Rules 553 

71.1. The Class E airspace designations 

listed in this document would be 

published subsequently in the 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. It, 

therefore, (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 rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

This proposed rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority since 

it would contain aircraft executing 

instrument approach procedures to 

David City Municipal Airport. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

1. The authority citation for 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 71.1 of Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 16, 2005, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE NE E5 David City, NE 

David City Municipal Airport, NE 

(Lat 41°13′51′′N., long. 97°07′23′′W.) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of David City Municipal Airport. 

* * * * * 

Issued in Kansas City, MO, on December 

19, 2005. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations. 

[FR Doc. 06–81 Filed 1–4–06; 8:45 am] 

BILLING CODE 4910–13–M 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

29 CFR Parts 2700, 2704, and 2705 

Procedural Rules 

AGENCY: Federal Mine Safety and Health 

Review Commission. 

ACTION: Proposed rule. 

SUMMARY: The Federal Mine Safety and 

Health Review Commission (the 

‘‘Commission’’) is an independent 

adjudicatory agency that provides trials 

and appellate review of cases arising 

under the Federal Mine Safety and 

Health Act of 1977, 30 U.S.C. 801 et seq. 

(2000) (the ‘‘Mine Act’’). Trials are held 

before the Commission’s Administrative 

Law Judges and appellate review is 

provided by a five-member Review 

Commission appointed by the President 

and confirmed by the Senate. The 

Commission is proposing to revise its 

procedural rules, regulations 

implementing the Equal Access to 

Justice Act, and regulations 

implementing the Privacy Act in order 

to aid the efficient adjudication of 

proceedings at the Commission’s trial 

and appellate levels and to ensure 

consistency with the statutes underlying 

those regulations. 

DATES: Written and electronic comments 

must be submitted on or before March 

6, 2006. 

ADDRESSES: Written comments should 

be mailed to Thomas A. Stock, General 

Counsel, Office of the General Counsel, 

Federal Mine Safety and Health Review 

Commission, 601 New Jersey Avenue, 

NW., Suite 9500, Washington, DC 

20001, or sent via facsimile to 202–434–

9944. Persons mailing written 

comments shall provide an original and 

three copies of their comments. 

Electronic comments should state 

‘‘Comments on Notice of Proposed 

Rulemaking’’ in the subject line and be 

sent to tstock@fmshrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Stock, General Counsel, 

Office of the General Counsel, 601 New 

Jersey Avenue, NW., Suite 9500, 

Washington, DC 20001; telephone 202–

434–9935; fax 202–434–9944. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In October 2004, the Commission 

published an Advance Notice of 

Proposed Rulemaking (‘‘ANPRM’’) in 

which it sought suggestions for 

improving its procedural rules (29 CFR 

part 2700), Government in the Sunshine 

Act regulations (29 CFR part 2701), 

regulations implementing the Freedom 

of Information Act (‘‘FOIA’’) (29 CFR 

part 2702), and regulations 

implementing the Equal Access to 

Justice Act (‘‘EAJA’’) (29 CFR part 2704). 

See 69 FR 62632, Oct. 27, 2004. In the 

ANPRM, the Commission identified 

several procedural rules set forth in part 

2700 that require further revision, 

clarification, or expansion. See id. at 

62632–35. The Commission also stated 

that it would examine its procedures for 

processing requests for relief from final 

judgments. Id. at 62632. The 

Commission did not include in the 

ANPRM any specific proposed revisions 

to the Commission’s regulations 

implementing the Government in the 

Sunshine Act (part 2701), the FOIA 

(part 2702), the EAJA (part 2704), or the 

Privacy Act (part 2705). 

Although notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act (‘‘APA’’) 

do not apply to rules of agency 

procedure (see 5 U.S.C. 553(b)(3)(A)), 

the Commission invited members of the 

interested public to submit comments 

until January 25, 2005. The Commission 

invited comments on the revisions 

described in the ANPRM and on any 

other revisions not in the ANPRM but 

which the interested public believed 

could lead to the more efficient 

adjudication of Commission 

proceedings under the Commission’s 

procedural rules (part 2700). The 

Commission also invited comments on 

its regulations implementing the 

Government in the Sunshine Act (part 

2701), FOIA (part 2702), and EAJA (part 

2704). 69 FR at 62632. 

The Commission received comments 

from the Secretary of Labor through the 

U.S. Department of Labor’s Office of the 

Solicitor; the Pennsylvania Coal 

Association; the United Mine Workers 

of America; the National Stone, Sand & 

Gravel Association; and other 


bjneal on PROD1PC70 with PROPOSALS