6–15–06 Thursday Vol. 71 No. 115 June 15, 2006

Pages 34507–34786

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Contents Federal Register Vol. 71, No. 115

Thursday, June 15, 2006

Agricultural Marketing Service Centers for Medicare & Medicaid Services RULES See Inspector General Office, Health and Human Services Onions (Vidalia) grown in Georgia, 34507–34510 Department

Agricultural Research Service Children and Families Administration NOTICES NOTICES Patent licenses; non-exclusive, exclusive, or partially Agency information collection activities; proposals, exclusive: submissions, and approvals, 34622–34623 Becton Dickinson, 34589–34590 Commerce Department Agriculture Department See Census Bureau See Agricultural Marketing Service See Industry and Security Bureau See Agricultural Research Service See International Trade Administration See Animal and Plant Health Inspection Service See National Oceanic and Atmospheric Administration NOTICES See Patent and Trademark Office Agency information collection activities; proposals, submissions, and approvals, 34589 Customs and Border Protection Bureau NOTICES Alcohol and Tobacco Tax and Trade Bureau Agency information collection activities; proposals, RULES submissions, and approvals, 34635 Alcohol; viticultural area designations: Livermore Valley, CA, 34527–34532 Education Department San Francisco Bay and Central Coast, CA, 34522–34525 NOTICES Santa Lucia Highlands and Arroyo Seco, CA, 34525– Agency information collection activities; proposals, 34527 submissions, and approvals, 34603–34604

Animal and Plant Health Inspection Service Environmental Protection Agency NOTICES RULES Exportation and importation of animals and animal Agency information collection activities; proposals, products: submissions, and approvals, 34604–34606 Contagious equine metritis— Grants and cooperative agreements; availability, etc.: States approved to receive stallions and mares from Gulf of Mexico Alliance Regional Partnership Projects, affected regions; Indiana, 34517 34606–34615 PROPOSED RULES Pollution Prevention Information Network, 34615–34616 Exportation and importation of animals and animal products: Export-Import Bank Foot-and-mouth disease and rinderpest; disease status NOTICES change— Agency information collection activities; proposals, Namibia, 34537–34549 submissions, and approvals, 34616–34617

Antitrust Division Farm Credit Administration PROPOSED RULES NOTICES National cooperative research notifications: Farm credit system: ASTM International, 34644–34645 Regulatory burden reduction, 34549–34550 Open DeviceNet Vendor Association, Inc., 34645 NOTICES Privacy Act; systems of records, 34617–34618

Antitrust Modernization Commission Federal Aviation Administration NOTICES RULES Antitrust issues appropriate for study: Airworthiness standards: Civil remedies, 34590–34591 Special conditions— Societe de Motorisation Aeronautiques Engines, Inc.; Census Bureau Cessna Models 182Q and 182R airplanes, 34517– NOTICES 34519 Grants and cooperative agreements; availability, etc.: PROPOSED RULES Census Information Center Program, 34591–34593 Airworthiness directives: Airbus, 34563–34566 Centers for Disease Control and Prevention NOTICES Federal Election Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 34621–34622 Meetings; Sunshine Act, 34618

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Federal Maritime Commission Immigration and Customs Enforcement Bureau NOTICES RULES Agreements filed, etc., 34618 Immigration regulations: Employment Eligibility Verification (Form I-9); electronic Federal Reserve System signature and storage, 34510–34517 NOTICES Banks and bank holding companies: Indian Health Service Formations, acquisitions, and mergers, 34618 NOTICES Committees; establishment, renewal, termination, etc.: Privacy Act; systems of records, 34626–34630 Consumer Advisory Council, 34619–34620 Industry and Security Bureau Federal Trade Commission NOTICES NOTICES Export privileges, actions affecting: Prohibited trade practices: Muttreja, Kailash, 34593–34596 Take-Two Interactive Software, Inc. and Rockstar Games, Teepad Electronic General Trading, 34596–34599 Inc., 34620–34621 Inspector General Office, Health and Human Services Fish and Wildlife Service Department PROPOSED RULES Endangered and threatened species: NOTICES Critical habitat designations— Program exclusions; list, 34630–34634 Fender’s blue butterfly, Kincaid’s lupine, and Interior Department Willamette daisy, 34566–34570 See Fish and Wildlife Service Food and Drug Administration See Land Management Bureau RULES See Reclamation Bureau Animal drugs, feeds, and related products: Internal Revenue Service Lasalocid NOTICES Correction, 34519 NOTICES Meetings: Food additive petitions: Taxpayer Advocacy Panels, 34674–34675 Georgia-Pacific Resins, Inc., 34623 International Trade Administration Reports and guidance documents; availability, etc.: NOTICES Veterinary Medicinal Products, International Cooperation Antidumping: on Harmonisation of Technical Requirements for Stainless steel angle from— Registration— Various countries, 34599 New biotechnological/biological veterinary medicinal Stainless steel bar from— products; test procedures and acceptance criteria, Germany, 34599–34600 34623–34624 Foreign air carriers; exemption from excise taxes; New veterinary drug substances and medicinal discontinuance: products (chemical substances); test procedures Bolivia, 34600 and acceptance criteria, 34625–34626 International Trade Commission Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Import investigations: See Children and Families Administration Pharmaceutical products and chemical intermediates; See Food and Drug Administration advice concerning addition to Pharmaceutical See Indian Health Service Appendix to Harmonized Tariff Schedule of U.S., See Inspector General Office, Health and Human Services 34643–34644 Department See Substance Abuse and Mental Health Services Justice Department Administration See Antitrust Division

Homeland Security Department Land Management Bureau See Customs and Border Protection Bureau NOTICES See Immigration and Customs Enforcement Bureau Meetings: See Secret Service Resource Advisory Councils— See U.S. Citizenship and Immigration Services Central Montana, 34643

Housing and Urban Development Department National Oceanic and Atmospheric Administration NOTICES RULES Agency information collection activities; proposals, Fishery conservation and management: submissions, and approvals, 34641–34643 Caribbean, Gulf, and South Atlantic fisheries— Low income housing: Gulf of Mexico reef fish, 34534–34536 Housing assistance payments (Section 8)— PROPOSED RULES Housing Choice Voucher Program and Moderate Endangered and threatened species: Rehabilitation Single Room Occupancy Program Critical habitat designations— (2007 FY); fair market rents, 34726–34786 Southern Resident killer whale, 34571–34588

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NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Loan programs: Gulf of the Farallones National Marine Sanctuary Lender risk rating system, 34674 Advisory Council, 34600–34601 Monitor National Marine Sanctuary Advisory Council, State Department 34601 RULES Homeland Security Department creation; visas: Overseas Private Investment Corporation nomenclature changes, 34519–34522 NOTICES NOTICES Agency information collection activities; proposals, Gifts to Federal employees from foreign governments; list submissions, and approvals, 34645 (2004 CY), 34678–34724 Meetings: Patent and Trademark Office Shipping Coordinating Committee, 34674 NOTICES Trade Act of 1974: Agency information collection activities; proposals, Vietnam; waiver authority continuation, 34674 submissions, and approvals, 34601–34603 Substance Abuse and Mental Health Services Pension Benefit Guaranty Corporation Administration RULES Single-employer plans: NOTICES Allocation of assets— Meetings: Interest assumptions for valuing and paying benefits, SAMHSA National Advisory Council, 34634–34635 34532–34534 NOTICES Transportation Department Single-employer and multiemployer plans: See Federal Aviation Administration Interest rates and assumptions, 34645–34646 Treasury Department Reclamation Bureau See Alcohol and Tobacco Tax and Trade Bureau NOTICES See Internal Revenue Service Meetings: U.S. Citizenship and Immigration Services California Bay-Delta Public Advisory Committee, 34643 NOTICES Temporary protected status program designations; Secret Service terminations, extensions, etc.: NOTICES El Salvador, 34637–34641 Agency information collection activities; proposals, submissions, and approvals, 34635–34636

Securities and Exchange Commission Separate Parts In This Issue NOTICES Self-regulatory organizations; proposed rule changes: Part II American Stock Exchange LLC, 34646–34648 State Department, 34678–34724 Chicago Stock Exchange, Inc., 34648–34651 International Securities Exchange, Inc., 34651–34652 Part III Municipal Securities Rulemaking Board, 34652–34656 Housing and Urban Development Department, 34726–34786 NASDAQ Stock Market LLC, 34656–34658 National Association of Securities Dealers, Inc., 34658– 34660 Reader Aids National Stock Exchange, 34660–34672 Consult the Reader Aids section at the end of this issue for New York Stock Exchange LLC, 34672–34674 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Small Business Administration To subscribe to the Federal Register Table of Contents PROPOSED RULES LISTSERV electronic mailing list, go to http:// Government contracting programs: listserv.access.gpo.gov and select Online mailing list Women-Owned Small Business Federal Contract archives, FEDREGTOC-L, Join or leave the list (or change Assistance Program, 34550–34563 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

7 CFR 955...... 34507 8 CFR 274a...... 34510 9 CFR 93...... 34517 Proposed Rules: 94...... 34537 12 CFR Proposed Rules: 611...... 34549 612...... 34549 613...... 34549 614...... 34549 13 CFR Proposed Rules: 121...... 34550 125...... 34550 127...... 34550 14 CFR 23...... 34517 Proposed Rules: 39...... 34563 21 CFR 558...... 34519 22 CFR 40...... 34519 41...... 34519 42...... 34519 27 CFR 9 (3 documents) ...... 34522, 34525, 34527 29 CFR 4022...... 34532 4044...... 34532 50 CFR 622...... 34534 Proposed Rules: 17...... 34566 226...... 34571

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Rules and Regulations Federal Register Vol. 71, No. 115

Thursday, June 15, 2006

This section of the FEDERAL REGISTER inspection in the Office of the Docket provides that the district court of the contains regulatory documents having general Clerk during regular business hours, or United States in any district in which applicability and legal effect, most of which can be viewed at: http:// the handler is an inhabitant, or has his are keyed to and codified in the Code of www.ams.usda.gov/fv/moab.html. or her principal place of business, has Federal Regulations, which is published under jurisdiction to review USDA’s ruling on 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing the petition, provided an action is filed The Code of Federal Regulations is sold by Field Office, Marketing Order not later than 20 days after the date of the Superintendent of Documents. Prices of Administration Branch, Fruit and the entry of the ruling. new books are listed in the first FEDERAL Vegetable Programs, AMS, USDA; This rule revises the reporting and REGISTER issue of each week. telephone: (863) 324–3378, Fax: (863) assessment requirements prescribed 325–8793; or Christian Nissen, Regional under the order. This rule changes the Manager, Southeast Marketing Field reporting requirements for handlers DEPARTMENT OF AGRICULTURE Office, Marketing Order Administration from filing weekly shipment reports to Branch, Fruit and Vegetable Programs, monthly reporting. It also changes when Agricultural Marketing Service AMS, USDA; telephone: (863) 324– assessments are due and how 3378, Fax: (863) 325–8793. delinquent assessments are handled. 7 CFR Part 955 Small businesses may request This change is expected to benefit [Docket No. FV06–955–1 IFR] information on complying with this handlers without negatively affecting regulation by contacting Jay Guerber, program compliance. The Committee Vidalia Onions Grown in Georgia; Marketing Order Administration unanimously recommended these Revision of Reporting and Assessment Branch, Fruit and Vegetable Programs, changes at a meeting on January 19, Requirements AMS, USDA, 1400 Independence 2006. AGENCY: Agricultural Marketing Service, Avenue, SW., STOP 0237, Washington, Section 955.60 of the order provides USDA. DC 20250–0237; telephone: (202) 720– authority for the Committee to require 2491, Fax: (202) 720–8938, or E-mail: ACTION: Interim final rule with request handlers to file reports and provide [email protected]. for comments. other information as may be necessary SUPPLEMENTARY INFORMATION: This rule for the Committee to perform its duties. SUMMARY: This rule revises the reporting is issued under Marketing Agreement Section 955.101 of the regulations and assessment requirements under the and Order No. 955, both as amended (7 provides the requisite reporting marketing order for Vidalia onions CFR part 955), regulating the handling requirements. Prior to this action, grown in Georgia (order). The order of Vidalia onions grown in Georgia, handlers were required to file weekly regulates the handling of Vidalia onions hereinafter referred to as the ‘‘order.’’ reports that included, among other grown in Georgia and is administered The order is effective under the things, the name and address of the locally by the Vidalia Onion Committee Agricultural Marketing Agreement Act handler, the period covered in the (Committee). This rule changes the of 1937, as amended (7 U.S.C. 601–674), report, the total volume of Vidalia reporting requirements for handlers hereinafter referred to as the ‘‘Act.’’ onions received by the handler, and the from filing weekly shipment reports to The Department of Agriculture handler’s total fresh market shipments. monthly reporting. It also changes when (USDA) is issuing this rule in Section 955.42 provides the authority assessments are due and how conformance with Executive Order for the formulation of an annual budget delinquent assessments are handled. 12866. of expenses and the collection of This change is expected to benefit This rule has been reviewed under assessments from handlers to administer handlers without negatively affecting Executive Order 12988, Civil Justice the order. Section 955.42(f) provides the program compliance. Reform. This rule is not intended to authority to impose a late payment DATES: Effective June 16, 2006; have retroactive effect. This rule will charge or an interest charge or both, on comments received by August 14, 2006 not preempt any State or local laws, any handler who fails to pay will be considered prior to issuance of regulations, or policies, unless they assessments in a timely manner and the a final rule. present an irreconcilable conflict with authority to establish the time and rate ADDRESSES: Interested persons are this rule. of such charges. Section 955.142 of the invited to submit written comments The Act provides that administrative rules and regulations outlines the concerning this rule. Comments must be proceedings must be exhausted before procedures for applying interest charges sent to the Docket Clerk, Marketing parties may file suit in court. Under to delinquent assessments. Order Administration Branch, Fruit and section 608c(15)(A) of the Act, any This rule amends § 955.101 to require Vegetable Programs, AMS, USDA, 1400 handler subject to an order may file handlers to file shipping reports on a Independence Avenue, SW., STOP with USDA a petition stating that the monthly basis rather than weekly. This 0237, Washington, DC 20250–0237; Fax: order, any provision of the order, or any rule also revises § 955.142 to specify (202) 720–8938; E-mail: obligation imposed in connection with when assessments are due and to adjust [email protected]; or Internet: the order is not in accordance with law the way interest is applied to delinquent http://www.regulations.gov. All and request a modification of the order assessments. comments should reference the docket or to be exempted therefrom. A handler Prior to this rule, § 955.101 required number and the date and page number is afforded the opportunity for a hearing handlers to provide the Committee with of this issue of the Federal Register and on the petition. After the hearing USDA information regarding the volume of will be made available for public would rule on the petition. The Act Vidalia onions they received and

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shipped during each week of the received from each handler. A data base full. This rule revises § 955.142 by shipping season. The shipping reports has been created with each handler’s adjusting the way interest charges are were to be filed no later than 4 p.m. on name and the date reports are due. As applied so interest accrues at 1 percent the Tuesday immediately following the reports are received from each handler, per month on any unpaid assessments shipping week. The Committee the data is entered into the computer. A and on any accrued unpaid interest provided a form to assist handlers with detailed report listing all handlers, the beginning the day immediately after the supplying the required shipping date reports are due, and if all handlers date the monthly assessments are due information. Fresh Vidalia onions are have submitted reports for each due until the delinquent handler’s primarily shipped from April through date can be generated to assist with assessments plus applicable interest has June with some limited shipments compliance efforts. If a handler fails to been paid in full. through December with the use of file a report for a specific reporting date, Initial Regulatory Flexibility Analysis Controlled Atmosphere storage. the tracking report will reflect that Handler reports are used by the information. The handler can then be Pursuant to requirements set forth in Committee to calculate the assessments notified a report is due. the Regulatory Flexibility Act (RFA), the owed by each handler. When handler The Committee has also hired a part- Agricultural Marketing Service (AMS) reports are not received in a timely time compliance officer. The has considered the economic impact of manner, it delays the receipt of compliance officer will visit handlers on this action on small entities. assessment payments and in turn, the a routine basis throughout the season to Accordingly, AMS has prepared this collection process the Committee uses ensure compliance with the order, initial regulatory flexibility analysis. to pursue late payments. Thus, timely including the timely submission of The purpose of the RFA is to fit receipt of handler reports is important. reports and payment of assessments. regulatory actions to the scale of In 2002, the Committee changed from Further, the Committee’s compliance business subject to such actions in order monthly reporting and assessment plan has been modified to better address that small businesses will not be unduly collection to weekly (67 FR 58511). This late reports and assessment payments. or disproportionately burdened. change was made to address the Consequently, the Committee follows Marketing orders issued pursuant to the problems the Committee staff was up more rapidly on late reports and Act, and the rules issued thereunder, are experiencing in receiving monthly assessments. These efforts will help unique in that they are brought about reports and assessment payments in a prevent an accumulation of a large through group action of essentially timely manner. The change was made in assessment debt from handlers. small entities acting on their own an effort to provide an earlier indication The Committee believes the behalf. Thus, both statutes have small to Committee staff of potential problems adjustments to its compliance and entity orientation and compatibility. with handlers not reporting or paying assessment collection process and the There are approximately 100 their assessments so these potential addition of a compliance officer will producers of Vidalia onions in the problems could be addressed before the better address the problems with late production area and approximately 100 amounts involved grew to significant payment and reporting that were handlers of Vidalia onions who are levels. experienced previously during monthly subject to regulation under the After several seasons of weekly reporting. Therefore, the Committee marketing order. Small agricultural reporting, the Committee has been voted unanimously to return to monthly producers are defined by the Small receiving requests from the industry to reporting. Business Administration (SBA) as those return to monthly reporting. It was This rule also revises the rules and having annual receipts of less than reported that several handlers regulations specifying when reports and $750,000, and small agricultural service considered weekly reporting too assessments are to be received by the firms, which include handlers, are cumbersome and unnecessary. In Committee office. Prior to this change, defined as those whose annual receipts discussing this issue, Committee handler reports and assessments were are less than $6,500,000 (13 CFR members stated that during harvest, both due at 4 p.m. the Tuesday 121.201). handlers utilize all their resources to get immediately following the week in Based on the Georgia Agricultural the onions harvested and to market. which the shipments were made. This Statistical Service and Committee data, They stated that weekly reporting is action changes §§ 955.101 and 955.142 the average annual grower price for very time consuming and puts an to require that reports and assessments fresh Vidalia onions during the 2005 additional burden on their staff to must be submitted to the Committee season was around $12 per 40-pound ensure weekly reports are submitted on office by 5 p.m. on the fifth day of each bag. Total Vidalia onion shipments for time to avoid penalties and interest. In month following a month of active the 2005 season were around 3,571,500 addition, many handlers do not ship shipping. Should the fifth day of the 40-pound bags. Using available data, onions every week of the season. month fall on a weekend or holiday, more than 90 percent of Vidalia onion Nevertheless, under current reporting payments and reports are due by the handlers could be considered small requirements, handlers had to file a first business day prior to the fifth day businesses under the SBA definition. In report each week. of the month. addition, based on acreage, production, Committee members recognized that This rule also makes changes to the grower prices as reported by the monthly reporting would reduce way delinquent assessments are National Agricultural Statistics Service, Committee expenditures. The handled to reflect the change to monthly and the total number of Vidalia onion Committee also recognized that several reporting. Previously, § 955.142 growers, the average annual grower adjustments have been made in the specified that handlers must pay revenue is below $750,000. Thus, the compliance and assessment collection interest charges of 1 percent per week majority of handlers and producers of process which have helped address on any unpaid assessments and on any Vidalia onions may be classified as some of the problems relating to late accrued unpaid interest beginning the small entities. reporting and assessment collection. day immediately after the date the This rule revises the reporting and The Committee has implemented an weekly assessments were due, until the assessment requirements prescribed electronic tracking system to ensure all delinquent handler’s assessments, plus under the order. This rule changes the reports and assessment payments are applicable interest, had been paid in reporting requirements for handlers

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from filing weekly shipment reports to unanimously agreed to return to that it is impracticable, unnecessary, monthly reporting. It also changes when monthly reporting and assessment and contrary to the public interest to assessments are due and how collection requirements. give preliminary notice prior to putting delinquent assessments are handled. In accordance with the Paperwork this rule into effect and that good cause This change reduces the number of Reduction Act of 1995 (44 U.S.C. exists for not postponing the effective reports a handler must submit annually Chapter 35), the information collection date of this rule until 30 days after and is expected to benefit handlers requirements contained in this rule have publication in the Federal Register without negatively affecting program been previously approved by the Office because: (1) Vidalia onion handlers compliance. This rule revises §§ 955.101 of Management and Budget (OMB) and began shipping onions April 17; (2) this and 955.142. Authority for this action is assigned OMB No. 0581–0178, issue has been widely discussed at provided for in §§ 955.42 and 955.60 of Vegetable and Specialty Crops. As with industry meetings, and the Committee the order. This change was unanimously all Federal marketing order programs, has kept the industry well informed; (3) recommended by the Committee at a reports and forms are periodically the Committee unanimously meeting held on January 19, 2006. reviewed to reduce information recommended these changes at a public Requiring handlers to file shipping requirements and duplication by meeting and interested parties had an reports on a monthly basis rather than industry and public sectors. opportunity to provide input; and (4) weekly reduces the reporting burden on AMS is committed to compliance this rule provides a 60-day comment both small and large handlers. Fresh with the Government Paperwork period and any comments received will Vidalia onions are primarily shipped Elimination Act (GPEA), which requires be considered prior to finalization of from April through June with some Government agencies in general to this rule. limited shipments through December. provide the public the option of Therefore, total reporting requirements submitting information or transacting List of Subjects in 7 CFR Part 955 per handler for weekly reporting totaled business electronically to the maximum Onions, Marketing agreements, around 60 minutes per handler annually extent possible. Reporting and recordkeeping (5 minutes per response times In addition, USDA has not identified requirements. any relevant Federal rules that approximately 12 responses). This I resulted in a total annual industry duplicate, overlap or conflict with this For the reasons set forth in the burden of about 100 hours (60 minutes rule. preamble, 7 CFR part 955 is amended as per handler times 100 handlers). Further, the Committee’s meeting was follows: widely publicized throughout the Requiring handlers to report monthly, PART 955—VIDALIA ONIONS GROWN Vidalia onion industry and all decreases the annual burden on a IN GEORGIA handler to around 15 minutes annually interested persons were invited to (5 minutes per response times attend the meeting and participate in I 1. The authority citation for 7 CFR approximately 3 responses), for a total Committee deliberations. Like all part 955 continues to read as follows: annual industry burden of Committee meetings, the January 19, Authority: 7 U.S.C. 601–674. approximately 25 hours (15 minutes 2006, meeting was a public meeting and times 100 handlers). Thus, the total all entities, both large and small, were I 2. Amend § 955.101 by replacing the annual burden for handlers is decreased able to express their views on this issue. word ‘‘weekly’’ with the word by around 75 hours, which is expected Finally, interested persons are invited to ‘‘monthly’’ both times it appears in to benefit all handlers. submit information on the regulatory paragraph (a) and by revising paragraph This rule is not expected to result in and informational impacts of this action (b) to read as follows: any additional costs for handlers. This on small businesses. rule reduces the number of reports and A small business guide on complying § 955.101 Vidalia Onion Handler Report. assessment payments handlers are with fruit, vegetable, and specialty crop (a) * * * required to submit annually, which marketing agreements and orders may (b) Handlers shall file reports each reduces the amount of time necessary be viewed at: http://www.ams.usda.gov/ fiscal period beginning the first month for handlers to file reports and fv/moab.html. Any questions about the they make shipments and shall continue assessments. compliance guide should be sent to Jay filing reports until they submit a final It also reduces the amount of time Guerber at the previously mentioned report for the season. Each such report required by the Committee staff to address in the FOR FURTHER INFORMATION shall be filed with the Committee not monitor shipping reports and CONTACT section. later than 5 p.m. on the fifth day of each assessment payments by reducing the This rule revises the provisions month following the month in which number of submissions. Thus, this rule requiring handlers to file shipment any shipments were made. Should the offers the potential for cost savings. The reports from weekly reporting to fifth day of the month fall on a weekend potential reduction in Committee costs monthly reporting. It also changes when or holiday, reports are due by the first would benefit all handlers regardless of assessments are due and how business day prior to the fifth day of the their size. Consequently, the benefits of delinquent assessments are handled. month. this rule are expected to be equally Any comments received will be I 3. Revise § 955.142 to read as follows: available to all. considered prior to finalization of this The Committee did consider the rule. § 955.142 Delinquent assessments. alternative of making no change in the After consideration of all relevant Each handler shall submit current regulation. However, the change material presented, including the assessments to the Vidalia Onion to monthly reporting would reduce the Committee’s recommendation, and Committee on a monthly basis for each number of reports a handler must other information, it is found that this month during the fiscal period in which submit annually and the Committee interim final rule, as hereinafter set they made shipments. Each such believes it would benefit handlers forth, will tend to effectuate the assessment shall be paid to the without negatively affecting program declared policy of the Act. Committee not later than 5 p.m. on the compliance. Therefore, this alternative Pursuant to 5 U.S.C. 553, it is also fifth day of each month following the was rejected and the Committee found and determined upon good cause month in which any shipments were

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made. Should the fifth day of the month FOR FURTHER INFORMATION CONTACT: Jim additional option for convenience and fall on a weekend or holiday, Knapp, Associate Legal Advisor, Bureau savings. This PDF version of Form I–9 assessments are due by the first business of Immigration and Customs complies with the electronic form day prior to the fifth day of the month. Enforcement, Room 6100, 425 I St., requirements of this rule. Each handler shall pay interest of one NW., Washington, DC 20536. Telephone However, existing DHS regulations do percent per month on any unpaid (202) 514–8138 (not a toll-free number). not permit the form to be completed and assessments levied pursuant to § 955.42 SUPPLEMENTARY INFORMATION stored electronically as an original and on any accrued unpaid interest record. On October 30, 2004, Public Law I. Background beginning the day immediately after the 108–390, 11 Stat. 2242, authorized date the monthly assessments were due, A. Employment Eligibility Verification employers to retain Forms I–9 in until the delinquent handler’s Requirement electronic format, effective April 29, assessments, plus applicable interest, Section 274A of the Immigration and 2005, or the effective date of has been paid in full. Nationality Act (Act), 8 U.S.C. 1324a, implementing regulations, whichever Dated: June 8, 2006. requires all United States employers, occurred first. The legislation also Kenneth C. Clayton, agricultural associations, agricultural allows employers and employees to Acting Administrator, Agricultural Marketing employers, farm labor contractors, or manifest attestations using electronic Service. persons or other entities who recruit or signature technology. [FR Doc. E6–9235 Filed 6–14–06; 8:45 am] refer persons for employment for a fee, This interim rule conforms the BILLING CODE 3410–02–P to verify the employment eligibility and regulations to the requirements of identity of all employees hired to work Public Law 108–390 and permits in the United States after November 6, employers to complete, sign, and store DEPARTMENT OF HOMELAND 1986. To comply with the law, an Forms I–9 electronically, as long as SECURITY employer, or a recruiter or referrer for a certain performance standards set forth fee, is responsible for the completion of in this interim rule for the electronic Bureau of Immigration and Customs an Employment Eligibility Verification filing system are met. This interim rule Enforcement form (Form I–9) for all employees, also permits employers to electronically including United States citizens. 8 CFR scan and store existing Forms I–9, as 8 CFR Part 274a 274a.2. long as standards set forth in this interim rule for the electronic storage [BICE 2345–05; DHS–2005–0046] Completed Forms I–9 are not filed with the Federal Government; instead, system are met. The interim rule adopts RIN 1653–AA47 the completed I–9 form is retained by performance standards that have been the employer. Employers are required to proven by other agencies in the past and Electronic Signature and Storage of retain Forms I–9 in their own files for provides flexibility for employers to Form I–9, Employment Eligibility three years after the date of hire of the choose a method of retention that is the Verification employee or one year after the date that most economically feasible for their AGENCY: Bureau of Immigration and employment is terminated, whichever is specific business. Utilizing the most Customs Enforcement, DHS. later. 8 CFR 274a.2(c)(2). Recruiters or widely applicable standards, those ACTION: Interim rule with request for referrers for a fee are required to retain adopted by the Internal Revenue Service comments. the Forms I–9 for three years after the (IRS) for tax records, provides the date of hire. Id. at (d)(2). The failure to widest possible cost savings within the SUMMARY: This interim rule amends properly complete and retain the Forms business community because of existing Department of Homeland Security I–9 subjects the employer to civil money compliance with those standards. regulations to provide that employers penalties. Section 274A of the Act, 8 C. Electronic Recordkeeping Standards and recruiters or referrers for a fee who U.S.C. 1324a(e)(5). are required to complete and retain There is no single United States Forms I–9, Employment Eligibility B. Format of the Form I–9 Government-wide electronic Verification, may sign and retain these Form I–9 has been made available to recordkeeping standard for forms electronically. This interim rule the public in numerous paper and recordkeeping by private individuals implements statutory changes to the electronic means since 1986. The Form and entities. However, some United Form I–9 retention requirements by I–9 is currently available online at the States Government agencies provide establishing standards for electronic U.S. Citizenship and Immigration electronic recordkeeping standards for signatures and the electronic retention Services (USCIS) Web site at (http:// use in transactions with that agency. of the Form I–9. www.uscis.gov) as a Portable Document These standards provide a baseline for DATES: Effective Date: This interim rule Format (.pdf) fillable—printable form proven practices. To the extent that is effective June 15, 2006. http://uscis.gov/graphics/formsfee/ these standards are applicable to the Comment Date: Written comments forms/files/i-9.pdf. In short, an electronic storage of Form I–9, DHS must be submitted on or before August employer or employee can retrieve the attempts to use the requirements and 14, 2006. form, type the required information into language of existing standards. At the ADDRESSES: You may submit comments, it for a prospective employee, and print same time, DHS recognizes that systems identified by docket number, by one of it. The form may then be retained in for electronic recordkeeping develop the following methods: paper, microfilm, or microfiche form. In rapidly with the creation of new storage • Federal eRulemaking Portal: http:// conjunction with this interim rule, the mechanisms, mediums, and methods. www.regulations.gov. Follow the Department of Homeland Security Accordingly, the standards adopted in instructions for submitting comments. (DHS) is upgrading the downloadable this rule are ‘‘product neutral’’ and will • Mail: Jim Knapp, Associate Legal PDF version of Form I–9 to enable guide the application of new products to Advisor, Bureau of Immigration and employers and employees to meet minimum performance standards, Customs Enforcement, Room 6100, 425 electronically sign and save the filled rather than establishing specific I. St., NW., Washington, DC 20536. Form I–9. This provides employers an requirements.

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The Internal Revenue Service’s Rev. recordkeeping standards for taxpayers. The derivation of the substantive Proc. 97–22, 1997–1 C.B. 652, 1997–13 This regulation closely follows the standards of this interim rule is set forth I.R.B. 9 (March 31, 1997), and Rev. Proc. widely accepted electronic storage below. 98–25, 1998–1 C.B. 689, 1998–11 I.R.B. standards and requirements set forth in 7 (March 16, 1998), specify electronic the IRS Rulings previously published.

DERIVATION OF SUBSTANTIVE STANDARDS FOR ELECTRONIC RETENTION OF FORM I–9

Provision of this rule Source of provision Description of provision

8 CFR 274a.2(e)(1) ...... Rev. Proc. 97–22, section 4.01(2) ...... Requirements for the electronic generation or storage system. 8 CFR 274a.2(e)(2) ...... Rev. Proc. 97–22, section 4.01(3) ...... Requires reproduced documents to exhibit a high degree of leg- ibility and readability. 8 CFR 274a.2(e)(3) ...... Rev. Proc. 97–22, section 4.01(7) ...... Requires that any electronic storage system must not be subject to any agreement that would limit or restrict the relevant Govern- ment personnel’s access or use on the premises. 8 CFR 274a.2(e)(4) ...... Rev. Proc. 97–22, section 4.01(9) ...... Allows use of multiple electronic systems so long as each meets the relevant standards. 8 CFR 274a.2(e)(5) ...... Rev. Proc. 97–22, section 4.01(5) ...... Requires that descriptions of the system, including procedures for use and indexing systems, be maintained and made available upon request. 8 CFR 274a.2(e)(6) ...... Rev. Proc. 97–22, section 4.02(1) ...... Defines indexing system that complies with requirements. 8 CFR 274a.2(e)(7) ...... Rev. Proc. 97–22, section 4.01(10) ..... Permits reasonable data compression and formatting technologies. 8 CFR 274a.2(e)(8) ...... Rev. Proc. 97–22, section 4.01(6) ...... Requirements for inspection.

The widespread application of these provides a reasonable set of standards could not offer any guidance on specific IRS standards by the business for creating a trustworthy system for aspects of the regulation. DHS has community is the critical reason for Form I–9 completion and storage. The carefully considered the views adoption of these standards. This standards are technology neutral, and expressed and, to the extent practical adoption of existing standards should allow businesses the flexibility to keep and in the public interest, incorporated reduce any potential burden on the records in a manner consistent with those suggestions. There are a number of portion of the business community that other business processes. They also potential advantages that employers decides to utilize electronic retention. provide DHS investigators with a may gain through use of electronic In 17 CFR 240.17a4, the Securities framework for inspecting the records Forms I–9. Many employers may and Exchange Commission (SEC) and assessing their trustworthiness. experience cost savings by storing specifies electronic recordkeeping DHS is working with the IRS to Forms I–9 electronically rather than standards for certain exchange develop audit protocols to minimize using conventional filing and storage of members, brokers and dealers. DHS did requirements on businesses to provide paper copies or transferring the forms to not incorporate specific language from information from Forms I–9 when the microfilm or microfiche. Electronic the SEC provisions; however, it did find DHS Bureau of Immigration and forms may allow employers to better them instructive on how to establish Customs Enforcement (ICE) determines ensure that each Form I–9 is properly electronic systems. In particular, 8 CFR that audit and review is necessary. completed and retained. Some 240.17a4(f) provides instruction on D. Development of the Rule employers may find that electronic audit and indexing systems that completion and storage renders the employers could find helpful when After the President signed Public Law process less prone to error. complying with the similar provisions 108–390, a working group was Electronically retained Forms I–9 are set forth in this regulation. established within DHS, consisting of more easily searchable, which is Also instructive are the regulations of representatives from ICE and USCIS. important for re-verification, quality the National Archives and Records This regulation was developed, drawing assurance and inspection purposes. This Administration found in 36 CFR part upon work begun under the legacy will be especially helpful and cost- 1234, which set standards for federal Immigration and Naturalization Service, effective for large employers that have agencies to use in order to enhance the as well as relying on standards job sites across the country or that have trustworthiness of an agency’s own developed by other Federal agencies high employee turnover rates. electronic records and their utilizing electronic retention and On April 26, 2005, a fact sheet was admissibility as evidence in court signature methods. On December 10, published on the ICE Web site to proceedings. Employers utilizing 2004, at the request of the United States provide information on the electronic retention and signature Chamber of Commerce, DHS development of the regulation based on technology for Form I–9 may find it representatives met with the Electronic IRS Revenue Procedure 97–22. The fact helpful to review system requirements I–9 Coalition. This Coalition consisted sheet included suggested standards placed upon Federal agencies. These of representatives from a wide array of established by IRS, and advantages for standards define terms of art related to business interests. The Chamber of using electronic signature and retention the requirements of this regulation and Commerce facilitated the meeting so the of Form I–9. provide information that could help Coalition members could express views guide businesses establish security and to DHS regarding the importance of the E. Employer Compliance maintenance procedures for electronic statute and to offer insight on methods An employer that is currently records. of storage and attestation being complying with the recordkeeping and Using precedents set by 36 CFR part contemplated by the business retention requirements of current 8 CFR 1234 and other United States community. DHS representatives 274.2 is not required to take any Government agencies, this interim rule listened to the views presented, but additional or different action to comply

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with the revised rules. The revised rules comment, analysis of the public analysis when an agency is ‘‘required by offer an additional option. Businesses comments (if any), preparation of a final section 553, or any other law, to publish will be permitted to adopt one or more rule, and providing a delayed post- general notice of proposed rulemaking of a number of different electronic publication effective date of at least 30 for any proposed rule.’’ 5 U.S.C. 603(a). recordkeeping, attestation, and retention days, are impracticable and contrary to RFA analysis is not required when a systems that are compliant with the the public interest for the following rule is exempt from notice and comment existing IRS standards. reasons: rulemaking under 5 U.S.C. 553(b). DHS For example, a small business may This regulation adopts existing, has determined that good cause exists wish to download and retain .pdf widely-utilized standards for electronic under 5 U.S.C. 553(b)(B) to exempt this versions of the employment verification recordkeeping to permit any employer rule from the notice and comment record. DHS made this system available who is required to retain Form I–9, to requirements of 5 U.S.C. 553(b). on the USCIS Web site. retain that form in an electronic format. Therefore, no RFA analysis under 5 Employers who already utilize Because of the widespread application U.S.C. 603 is required for this rule. electronic data recordkeeping as part of of the same rules required to establish taxable income and other matters within C. Unfunded Mandates Reform Act of their accounting and tax functions may 1995 expand those functions to include the the jurisdiction of the IRS in the larger employment verification process. As accounting context, it is impractical to This interim rule will not result in an long as the electronic records system adopt differing rules for a specific set of expenditure by state, local, and tribal remains IRS-compliant, the system will employment forms. Accordingly, governments, in the aggregate, or by the be ICE-compliant. providing an opportunity for notice and private sector, of $100 million or more comment on whether to adopt such in any one year, and it will not F. Public Participation widely accepted standards is significantly or uniquely affect small Interested persons are invited to impractical and unnecessary. Also, the governments. Therefore, no actions were participate in this rulemaking by rule provides additional optional deemed necessary under the provisions submitting written data, views, or methods for complying with an existing of the Unfunded Mandates Reform Act arguments on all aspects of the requirement. The methods may be of 1995. proposed rule. DHS also invites utilized or not utilized, in the discretion D. Small Business Regulatory comments that relate to the economic, of the employer. Therefore, a delayed Enforcement Fairness Act of 1996 environmental, or federalism affects that effective date is not necessary. might result from this proposed rule. DHS recognizes that the effective date This interim rule is not a major rule Comments that will provide the most of the underlying statute authorizing as defined by section 804 of the Small assistance to DHS in developing these electronic retention of Form I–9 was Business Regulatory Enforcement procedures will reference a specific April 28, 2005. DHS will not require Fairness Act of 1996. This interim rule portion of the proposed rule, explain the that forms created between that date and will not result in an annual effect of reason for any recommended change, the effective date of the rule must $100 million or more on the economy; and include data, information, or comply with this rule. If an audit of a major increase in costs or prices; or authority that support such such records is required, DHS will significant adverse effects on recommended change. permit the employer to provide the competition, employment, investment, Instructions: All submissions received forms in paper form; this rule does not productivity, innovation, or on the must include the agency name and require that any employer use an ability of United States-based docket number for this rulemaking. All electronic record keeping system. companies to compete with foreign- comments received will be posted Moreover, as far as DHS can based companies in domestic and without change to http:// determine at this time, ‘‘off the shelf’’ export markets. Since utilizing www.regulations.gov, including any computer programs and commercial electronic signature and storage personal information provided. automated data processing systems in technologies are optional, DHS expects Docket: For access to the docket to use comply with the standards required that small businesses will only choose read background documents or by this rule. DHS is not aware of electronic methods if they will save comments received, go to http:// systems that would not immediately be costs and/or lessen overall burden. www.regulations.gov. Submitted useable under the regulations. Providing this option should, therefore, comments may also be inspected at the Accordingly, DHS finds that no have a net cost-saving effect to small street at the address noted above by employer required to retain Form I–9 businesses. would be adversely affected by the making an appointment with the E. Executive Order 12866 (Regulatory adoption of this rule without pre- individual listed as the individual to Planning and Review) contact for further information. promulgation notice and comment or a delayed effective date. This interim rule is considered by II. Regulatory Requirements DHS nevertheless invites comments DHS to be a ‘‘significant regulatory action’’ under Executive Order 12866, A. Administrative Procedure Act (Good on this interim rule and will consider section 3(f), Regulatory Planning and Cause Exception) all timely comments in the preparation of a final rule. In particular, DHS is Review. Accordingly, the rule has been Implementation of this rule as an interested in identifying whether any submitted to the Office of Management interim rule effective on June 15, 2006, existing systems for electronic record and Budget (OMB) for review. with a request for public comment after keeping do not comply with these DHS has assessed both the cost and the effective date of the rule is based standards in order to adjust the benefits of this interim rule as required upon the ‘‘good cause’’ exceptions standards or provide a means to by Executive Order 12866 section found under the Administrative resolving any discrepancies. 1(b)(6), and has made a reasoned Procedure Act (APA), 5 U.S.C. 553(b)(B) determination that the benefits of this and (d)(3). DHS has determined that B. Regulatory Flexibility Act interim rule justify its costs to the delaying implementation of this rule The Regulatory Flexibility Act (RFA) public and Government. In fact, DHS until after a period for public notice and mandates that DHS conduct an RFA anticipates that both the public and

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Government will experience a net cost order to detect and correct errors. signatures and retention of Form I–9 has savings as a result of this rule. Whether Employers could create an electronic many advantages, particularly with to store Forms I–9 in an electronic process for Form I–9 completion that respect to DHS’s enforcement efforts. format will be within the discretion of minimizes the possibility of errors. The When conducting audits, DHS will be the employer or the recruiter or referrer process could include prompts that able to receive Forms I–9 electronically, for a fee—those that are already required preclude the user from completing the rather than using staff resources to under 8 CFR 274a.2 to retain the Forms rest of the form until an acceptable physically appear at a worksite. Once I–9. response is provided. Employers would the Form I–9 data is received The number of Forms I–9 maintained also be better able to create a reliable electronically, DHS will have increased throughout the country is extremely system to re-verify an employee’s flexibility in how it reviews and large. Storage of Forms I–9 to meet the employment authorization when it is analyzes them. DHS will be able to more statutory retention requirement may about to expire. The forms could be easily compare data among multiple require the employer to make a stored on a computer maintained onsite audits to locate unauthorized workers, significant investment in personnel and rather than in boxes off-site or other and store audit records for easy access. storage space. Currently, storage costs difficult-to-access locations, which DHS When investigating the presence of for the paper Form I–9 vary, depending has observed when conducting past unauthorized workers in the workplace, on the storage facility used and the Form I–9 audits. Electronically stored employers violating the immigration number of Forms I–9 that must be forms could be presented for review in laws, or national security risks, DHS stored. DHS believes that Form I–9 a matter of minutes rather than the will have this information immediately storage costs are highest with large lengthy period required to access paper available and with less risk of human employers or those who have a high or microfiche archives. While employers error. Additionally, there are employee attrition rate. At an estimated converting to an electronic Form I–9 circumstances in which the Department employer total labor cost of $20 per format may incur initial costs, DHS of Labor and the Department of Justice, hour, employer burden savings are anticipates that employers who use an Office of Special Counsel for estimated to be $13,000,000 annually. electronic Form I–9 system tailored to Immigration-Related Unfair DHS considers this a conservative their needs will generally achieve a net Employment Practices, access Forms I– estimate, which is based on agency cost-savings in both the short term and 9 in order to exercise their experience since the Form I–9 long term. In addition, DHS anticipates responsibilities. requirement was implemented. Further, that its Form I–9 audits will reveal a DHS anticipates that its own we expect that some employers will lower error rate. This should translate additional costs will be minimal. DHS have capital costs at the outset, into a more efficient employment currently inputs Form I–9 information depending on the size and complexity eligibility verification process for manually into a database. If an employer of the system chosen. DHS is unable to employers and, therefore, a lower chooses to electronically retain Form I– estimate possible capital costs as these incidence of unauthorized workers in 9, then the rule’s requirement that Form could vary widely as employers the workplace. In recent years, DHS has I–9 information be presented in a implement a range of electronic options, received many queries from the particular electronic format will enable from simply using a scanner to employer community regarding the the electronic transfer of information electronically retain a completed Form possibility of using electronic Forms I– from employer to DHS to be nearly I–9 to a complex database that facilitates 9, with electronic attestation, and instantaneous. Therefore, rather than electronic completion, attestation, storing the forms electronically. invest DHS investigator time in data retention, production, etc. Employers have expressed their entry, investigators will be free to Employers utilizing electronic Forms frustration with the requirement to keep conduct more-thorough investigations. I–9 will bear additional costs associated paper forms or maintain the forms on Once employers begin to utilize with the documentation that this rule microfilm or microfiche when all other electronic Forms I–9 and the various requires to establish the integrity of the aspects of their businesses have been electronic Form I–9 storage options, electronic Form I–9 process chosen. automated. DHS will be able to better gauge what This is an initial cost to the employer For some employers, particularly additional or alternative database and and will vary depending on the small employers, retaining the paper storage options would further increase sophistication and capacity of each Form I–9 may continue to be the most the efficiency of its investigations. At system deployed. The documentation cost-effective and efficient storage present, DHS will utilize current necessary should accompany the method. This rule does not eliminate systems to implement this rule. software and hardware being used by this option or discourage employers This rule does not limit employers to the employer to implement the from using it. The paper Form I–9 has using one system for the storage of electronic Form I–9. the advantage of recording the unique Forms I–9 electronically, nor does it For employers responsible for a signature of the employee and of the identify one method for acceptable significant number of Forms I–9, these employer representative. This interim electronic signatures. Instead, this rule costs are expected to be lower than the rule does not make any change to the seeks to set acceptable standards for costs associated with retaining Forms I– current paper Form I–9 process. employers. Electronic signatures can be 9 in paper format. For employers who Additionally, employers can utilize a accomplished using various do not have a large number of Forms I– combination of paper and electronic technologies including, but not limited 9 to retain, utilizing an electronic Form methods for fulfilling the Form I–9 to, electronic signature pads, Personal I–9 may not be economical. However, requirements. For example, an employer Identification Numbers (PIN), the benefits of using an electronic Form can complete the paper Form I–9 and biometrics, and ‘‘click to accept’’ dialog I–9 extend beyond storage space. DHS use a scanner to retain electronically. boxes. DHS considered specifying believes that employers using electronic Conversely, an employer can choose to acceptable technologies, but rejected Forms I–9 will improve their accuracy complete the Form I–9 electronically this alternative as being too inflexible rate. By completing and/or storing and retain the printed form. for employers’ needs and economic Forms I–9 electronically, employers will For the Government, amending the means. Moreover, to specify a particular be better able to self-audit Forms I–9 in regulations to permit the electronic technology would require continuous

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amendments to the regulations electronically, as completion methods I Accordingly, part 274a of chapter I of reflecting the rapid changes in may vary widely depending upon the title 8 of the Code of Federal technology. DHS concluded that this range of systems implemented by Regulations is amended as follows: approach would be impractical and employers. However, DHS does not detrimental to employers since it would believe the time per respondent will PART 274a—CONTROL OF require continuous and potentially change significantly as the EMPLOYMENT OF ALIENS costly changes to employers’ business documentation required is unchanged. I 1. The authority citation for part 274a practices. Many businesses could reduce the time continues to read as follows: burden by using an electronic Form I– F. Executive Order 13132 (Federalism) 9, as the documentation could be Authority: 8 U.S.C. 1101, 1103, 1324a; 8 This interim rule will not have a collected from an employee in CFR part 2. substantial direct effect on the States, on conjunction with other types of I 2. Section 274a.2 is amended: the relationship between the National personnel forms (i.e., tax withholding I a. By revising paragraph (a); Government and the States, or on the forms, insurance and other benefit I b. By revising paragraph (b)(1)(i)(A); distribution of power and forms) that require similar personal I c. By revising paragraph (b)(1)(ii)(B); responsibilities among the various information. I d. By revising the last sentence in levels of Government. Therefore, in For employers who choose electronic paragraph (b)(1)(iv); accordance with section 6 of Executive retention methods for the Form I–9, I e. By revising the last sentence of Order 13132, it is determined that this DHS does expect a burden reduction. paragraph (b)(1)(vii); interim rule does not have sufficient DHS previously estimated that I f. By revising paragraph (b)(2)(i) federalism implications to warrant the employers spend four minutes per form introductory text; preparation of a federalism summary to verify and file. We project that half I g. By revising paragraph (b)(2)(ii); impact statement. of the estimated 78,000,000 Forms I–9 I h. By adding paragraph (b)(2)(iv); completed annually will involve some I i. By revising paragraph (b)(3); G. Executive Order 12988 (Civil Justice method of electronic generation or I j. By adding the term ‘‘or electronic Reform) retention. Employers utilizing at least a images’’ immediately after ‘‘copies’’ in This interim rule meets the applicable partial electronic process for retention paragraph (b)(4); and standards set forth in sections 3(a) and of the Form I–9 should save a minimum I k. By adding new paragraphs (e), (f), 3(b)(2) of Executive Order 12988. of one minute of burden time per form (g), (h), and (i). H. Paperwork Reduction Act based on the previous estimate of 4 The revisions and additions read as minutes per form for verification and follows: Under the Paperwork Reduction Act filing. Based on 39,000,000 Forms I–9, of 1995, 44 U.S.C. 3501 et seq., all the total labor hours saved would be § 274a.2 Verification of employment eligibility. Departments are required to submit any 650,000 hours annually. reporting or recordkeeping requirements Under 8 CFR 274a.2(e) through (i), (a) General. This section establishes inherent in a rule to the Office of any employer who stores Form I–9 requirements and procedures for Management and Budget (OMB) for electronically or any employer that compliance by persons or entities when review and approval. This interim rule applies an electronic signature to the hiring, or when recruiting or referring requires employers to complete the Form I–9 must demonstrate that its for a fee, or when continuing to employ Form I–9 which has been approved for electronic storage system is properly individuals in the United States. use by OMB (OMB Control Number maintained and protected against (1) Recruiters and referrers for a fee. 1615–0047); it also permits the tampering, and that any electronic For purposes of complying with section employer to continue to retain the Form signature can be authenticated. In 274A(b) of the Act and this section, all I–9 in paper, microfiche, or microfilm, addition, an employer or entity who references to recruiters and referrers for and allows a new option: to retain the chooses to complete and/or retain a fee are limited to a person or entity Form I–9 electronically. The DHS Forms I–9 electronically must maintain, who is either an agricultural association, believes that storing the I–9 and make available to the Department agricultural employer, or farm labor electronically will reduce the burden on upon request, documentation of the contractor (as defined in section 3 of the businesses by 650,000 hours (see business process that: (1) Creates the Migrant and Seasonal Agricultural discussion below). Accordingly, DHS retained Forms I–9; (2) Modifies and Worker Protection Act, Pub. L. 97–470 submitted the required Paperwork maintains the retained Forms I–9; and (29 U.S.C. 1802)). Reduction Change Worksheet (OMB– (3) Establishes the authenticity and (2) Verification form. Form I–9, 83C) to the Office of Management and integrity of the Forms I–9, such as audit Employment Eligibility Verification Budget (OMB) reflecting the reduction trails. These additional requirements are Form, is used in complying with the in burden hours for Form I–9, and the considered information collections requirements of this 8 CFR 274a.1— OMB has approved the changes. under the Paperwork Reduction Act. 274a.11. Form I–9 can be in paper or DHS estimates that there will be a These requirements are reflected in the electronic format. In paper format, the total of 78,000,000 respondents Paperwork Reduction Change Form I–9 may be obtained in limited annually who will complete the Worksheet (Form OMB 83–C) that has quantities at USCIS district offices, or required Form I–9 in either paper or been submitted to OMB and that ordered from the Superintendent of electronic format. DHS has estimated specifies the estimated net reduction in Documents, Washington, DC 20402. In that it takes 9 minutes to gather the burden hours that will result from this electronic format, a fillable electronic required evidence to complete the paper rule. Form I–9 may be downloaded from Form I–9 and an additional 4 minutes http://www.uscis.gov. Alternatively, for employer verification, filing and List of Subjects in 8 CFR Part 274a Form I–9 can be electronically generated storage. Because this regulation is Administrative practice and or retained, provided that the resulting technology neutral, it is difficult for procedure, Aliens, Employment, form is legible; there is no change to the DHS to estimate the average time Penalties, Reporting and recordkeeping name, content, or sequence of the data required to complete a Form I–9 requirements. elements and instructions; no additional

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data elements or language are inserted; signature in accordance with paragraph fee may, but is not required to, copy or and the standards specified under 8 CFR (i) of this section. make an electronic image of a document 274a.2(e), (f), (g), (h), and (i), as * * * * * presented by an individual solely for the applicable, are met. When copying or (2) * * * purpose of complying with the printing the paper Form I–9, the text of (i) A paper (with original handwritten verification requirements of this section. the two-sided form may be reproduced signatures), electronic (with acceptable If such a copy or electronic image is by making either double-sided or single- electronic signatures that meet the made, it must be retained with the Form sided copies. requirements of paragraphs (h) and (i) of I–9. The copying or electronic imaging (3) Attestation Under Penalty and this section or original paper scanned of any such document and retention of Perjury. In conjunction with completing into an electronic format that meets the the copy or electronic image does not the Form I–9, an employer or recruiter requirements of 8 CFR 274a.2(e), (f), and relieve the employer from the or referrer for a fee must examine (g)), or microfilm or microfiche copy of requirement to fully complete section 2 documents that evidence the identity the original signed version of the Form of the Form I–9. An employer, recruiter and employment eligibility of the I–9 must be retained by an employer or or referrer for a fee should not, however, individual. The employer or recruiter or a recruiter or referrer for a fee for the copy or electronically image only the referrer for a fee and the individual following time periods: documents of individuals of certain must each complete an attestation on * * * * * national origins or citizenship statuses. the Form I–9 under penalty of perjury. (ii) Any person or entity required to To do so may violate section 274B of the (b) * * * retain Forms I–9 in accordance with this Act. (1) * * * section shall be provided with at least (4) Limitation on use of Form I–9. Any (i) * * * three days notice prior to an inspection information contained in or appended (A) Completes section 1—‘‘Employee of the Forms I–9 by officers of an to the Form I–9, including copies or Information and Verification’’—on the authorized agency of the United States. electronic images of documents listed in Form I–9 at the time of hire and signs At the time of inspection, Forms I–9 paragraph (c) of this section used to the attestation with a handwritten or must be made available in their original verify an individual’s identity or electronic signature in accordance with paper, electronic form, a paper copy of employment eligibility, may be used paragraph (h) of this section; or if an the electronic form, or on microfilm or only for enforcement of the Act and 18 individual is unable to complete the microfiche at the location where the U.S.C. 1001, 1028, 1546, or 1621. Form I–9 or needs it translated, request for production was made. If * * * * * someone may assist him or her. The Forms I–9 are kept at another location, (e) Standards for electronic retention preparer or translator must read the the person or entity must inform the of Form I–9. (1) Any person or entity Form I–9 to the individual, assist him or officer of the authorized agency of the who is required by this section to her in completing Section 1— United States of the location where the complete and retain Forms I–9 may ‘‘Employee Information and forms are kept and make arrangements complete or retain electronically Form Verification,’’ and have the individual for the inspection. Inspections may be I–9 in an electronic generation or sign or mark the Form I–9 by a performed at an office of an authorized storage system that includes: handwritten signature, or an electronic agency of the United States. A recruiter (i) Reasonable controls to ensure the signature in accordance with paragraph or referrer for a fee who has designated integrity, accuracy and reliability of the (h) of this section, in the appropriate an employer to complete the electronic generation or storage system; place; and employment verification procedures (ii) Reasonable controls designed to * * * * * may present a photocopy or printed prevent and detect the unauthorized or (ii) * * * electronic image of the Form I–9 in lieu accidental creation of, addition to, (B) Complete section 2—‘‘Employer of presenting the Form I–9 in its original alteration of, deletion of, or Review and Verification’’—on the Form paper or electronic form or on microfilm deterioration of an electronically I–9 within three days of the hire and or microfiche, as set forth in paragraph completed or stored Form I–9, including sign the attestation with a handwritten (b)(1)(iv) of this section. Any refusal or the electronic signature if used; signature or electronic signature in delay in presentation of the Forms I–9 (iii) An inspection and quality accordance with paragraph (i) of this for inspection is a violation of the assurance program evidenced by regular section. retention requirements as set forth in evaluations of the electronic generation * * * * * section 274A(b)(3) of the Act. No or storage system, including periodic (iv) * * * If a recruiter or referrer Subpoena or warrant shall be required checks of the electronically stored Form designates an employer to complete the for such inspection, but the use of such I–9, including the electronic signature if employment verification procedures, enforcement tools is not precluded. In used; the employer need only provide the addition, if the person or entity has not (iv) In the case of electronically recruiter or referrer with a photocopy or complied with a request to present the retained Forms I–9, a retrieval system printed electronic image of the Form I– Forms I–9, any officer listed in 8 CFR that includes an indexing system that 9, electronic Form I–9, or a Form I–9 on 287.4 may compel production of the permits searches by any data element; microfilm or microfiche. Forms I–9 and any other relevant and * * * * * documents by issuing a subpoena. (v) The ability to reproduce legible (vii) * * * The employer or the Nothing in this section is intended to and readable hardcopies. recruiter or referrer for a fee must limit the subpoena power under section (2) All documents reproduced by the review this document, and if it appears 235(a) of the Act. electronic retention system must exhibit to be genuine and relate to the * * * * * a high degree of legibility and individual, re-verify by noting the (iv) Paragraphs (e), (f), (g), (h), and (i) readability when displayed on a video document’s identification number and of this section specify the standards for display terminal or when printed on expiration date, if any, on the Form I– electronic Forms I–9. paper, microfilm, or microfiche. The 9 and signing the attestation by a (3) Copying of documentation. An term ‘‘legibility’’ means the observer handwritten signature or electronic employer, or a recruiter or referrer for a must be able to identify all letters and

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numerals positively and quickly, to the comparable results can be achieved (g) Security. exclusion of all other letters or without a separate description database. (1) Any person or entity who elects to numerals. The term ‘‘readability’’ means (7) Any person or entity choosing to complete or retain Forms I–9 that the observer must be able to retain completed Forms I–9 electronically must implement an recognize any group of letters or electronically may use reasonable data effective records security program that: numerals that form words or numbers as compression or formatting technologies (i) Ensures that only authorized those words or complete numbers. The as part of the electronic storage system personnel have access to electronic employer, or recruiter or referrer for a as long as the requirements of 8 CFR records; fee, must ensure that the reproduction 274a.2 are satisfied. (ii) Provides for backup and recovery process maintains the legibility and (8) At the time of an inspection, the of records to protect against information readability of the electronically stored person or entity required to retain loss, such as power interruptions; document. completed Forms I–9 must: (iii) Ensures that employees are (3) An electronic generation or storage (i) Retrieve and reproduce (including trained to minimize the risk of system must not be subject, in whole or printing copies on paper, if requested) unauthorized or accidental alteration or in part, to any agreement (such as a only the Forms I–9 electronically erasure of electronic records; and contract or license) that would limit or retained in the electronic storage system (iv) Ensure that whenever the restrict access to and use of the and supporting documentation electronic record is created, accessed, electronic generation or storage system specifically requested by an agency of viewed, updated, or corrected, a secure by an agency of the United States, on the United States, along with associated and permanent record is created that the premises of the employer, recruiter audit trails. Generally, an audit trail is establishes the date of access, the or referrer for a fee (or at any other place a record showing who has accessed a identity of the individual who accessed where the electronic generation or computer system and the actions the electronic record, and the particular storage system is maintained), including performed within or on the computer action taken. personnel, hardware, software, files, system during a given period of time, (2) An action or inaction resulting in indexes, and software documentation. and the unauthorized alteration, loss, or (4) A person or entity who chooses to (ii) Provide a requesting agency of the erasure of electronic records, if it is complete or retain Forms I–9 United States with the resources (e.g., known, or reasonably should be known, electronically may use more than one appropriate hardware and software, to be likely to have that effect, is a electronic generation or storage system. personnel and documentation) violation of section 274A(b)(3) of the Each electronic generation or storage necessary to locate, retrieve, read, and Act. system must meet the requirements of reproduce (including paper copies) any (h) Electronic signatures for employee. this paragraph, and remain available as electronically stored Forms I–9, any (1) If a Form I–9 is completed long as required by the Act and these supporting documents, and their electronically, the attestations in Form regulations. associated audit trails, reports, and I–9 must be completed using a system (5) For each electronic generation or other data used to maintain the for capturing an electronic signature storage system used, the person or entity authenticity, integrity, and reliability of that meets the standards set forth in this retaining the Form I–9 must maintain, the records. paragraph. The system used to capture and make available upon request, (iii) Provide, if requested, any the electronic signature must include a complete descriptions of: reasonably available or obtainable method to acknowledge that the (i) The electronic generation and electronic summary file(s), such as a attestation to be signed has been read by storage system, including all procedures spreadsheet, containing all of the the signatory. The electronic signature relating to its use; and information fields on all of the must be attached to, or logically (ii) The indexing system. electronically stored Forms I–9 associated with, an electronically (6) An ‘‘indexing system’’ for the requested by a requesting agency of the completed Form I–9. In addition, the purposes of paragraphs (e)(1)(iv) and United States. system must: (e)(5) of this section is a system that (f) Documentation. (i) Affix the electronic signature at the permits the identification and retrieval (1) A person or entity who chooses to time of the transaction; for viewing or reproducing of relevant complete and/or retain Forms I–9 (ii) Create and preserve a record books and records maintained in an electronically must maintain and make verifying the identity of the person electronic storage system. For example, available to an agency of the United producing the signature; and an indexing system might consist of States upon request documentation of (iii) Provide a printed confirmation of assigning each electronically stored the business processes that: the transaction, at the time of the document a unique identification (i) Create the retained Forms I–9; transaction, to the person providing the number and maintaining a separate (ii) Modify and maintain the retained signature. database that contains descriptions of Forms I–9; and (2) Any person or entity who is all electronically stored books and (iii) Establish the authenticity and required to ensure proper completion of records along with their identification integrity of the Forms I–9, such as audit a Form I–9 and who chooses electronic numbers. In addition, any system used trails. signature for a required attestation, but to maintain, organize, or coordinate (2) Insufficient or incomplete who has failed to comply with the multiple electronic storage systems is documentation is a violation of section standards set forth in this paragraph, is treated as an indexing system. The 274A(a)(1)(B) of the Act. deemed to have not properly completed requirement to maintain an indexing (3) Any officer listed in 8 CFR 287.4 the Form I–9, in violation of section system will be satisfied if the indexing may issue a subpoena to compel 274A(a)(1)(B) of the Act and 8 CFR system is functionally comparable to a production of any documentation 274a.2(b)(2). reasonable hardcopy filing system. The required by 8 CFR 274a.2. Nothing in (i) Electronic signatures for employer, requirement to maintain an indexing this section is intended to limit the recruiter or referrer, or representative. If system does not require that a separate subpoena power of an agency of the a Form I–9 is completed electronically, electronically stored books and records United States under section 235(a) of the employer, the recruiter or referrer description database be maintained if the Act. for a fee, or the representative of the

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employer or the recruiter or referrer, Done in Washington, DC, this 9th day of weekdays, except Federal holidays, must attest to the required information June 2006. between 7:30 a.m. and 4 p.m. in Form I–9. The system used to capture Kevin Shea, FOR FURTHER INFORMATION CONTACT: the electronic signature should include Acting Administrator, Animal and Plant Peter L. Rouse, Federal Aviation a method to acknowledge that the Health Inspection Service. Administration, Aircraft Certification attestation to be signed has been read by [FR Doc. E6–9350 Filed 6–14–06; 8:45 am] Service, Small Airplane Directorate, the signatory. Any person or entity who BILLING CODE 3410–34–P ACE–111, 901 Locust, Room 301, has failed to comply with the criteria Kansas City, Missouri 64106; telephone: established by this regulation for 816–329–4135, fax: 816–329–4090. electronic signatures, if used, and at the DEPARTMENT OF TRANSPORTATION time of inspection does not present a SUPPLEMENTARY INFORMATION: The FAA properly completed Form I–9 for the Federal Aviation Administration has determined that notice and employee, is in violation of section opportunity for prior public comment 274A(a)(1)(B) of the Act and 8 CFR 14 CFR Part 23 hereon are impracticable because these 274a.2(b)(2). procedures would significantly delay [Docket No. CE249; Special Conditions No. Dated: June 8, 2006. issuance of the design approval and 23–189–SC] thus delivery of the affected aircraft. In Michael Chertoff, addition, the substance of these special Secretary. Special Conditions: Societe de Motorisation Aeronautiques (SMA) conditions has been subject to the [FR Doc. E6–9283 Filed 6–14–06; 8:45 am] public comment process in several prior BILLING CODE 4410–10–P Engines, Cessna Models 182Q and 182R: Installation of Model SR305–230 instances with no substantive comments Aircraft Diesel Engine for Full received. The FAA, therefore, finds that good cause exists for making these DEPARTMENT OF AGRICULTURE Authority Digital Engine Control (FADEC) System and the Protection of special conditions effective upon issuance. Animal and Plant Health Inspection the System From the Effects of High Service Intensity Radiated Fields (HIRF) Comments Invited AGENCY: Federal Aviation 9 CFR Part 93 Interested persons are invited to Administration (FAA), DOT. submit such written data, views, or [Docket No. APHIS–2006–0020] ACTION: Final special conditions; request arguments as they may desire. for comments. Communications should identify the States Approved To Receive Stallions regulatory docket or special condition and Mares From CEM-Affected SUMMARY: This proposes special number and be submitted in duplicate Regions; Indiana conditions for the Cessna Models 182Q to the address specified above. All AGENCY: Animal and Plant Health and 182R airplanes with a Societe de communications received on or before Inspection Service, USDA. Motorisation Aeronautiques (SMA) the closing date for comments will be Model SR305–230 aircraft diesel engine ACTION: Direct final rule; confirmation of considered by the Administrator. The (ADE). The supplemental type effective date. special conditions may be changed in certificate for these airplanes will have light of the comments received. All SUMMARY: On April 27, 2006, the a novel or unusual design feature comments received will be available in Animal and Plant Health Inspection associated with the installation of an the Rules Docket for examination by Service published a direct final rule. aircraft diesel engine that uses an interested persons, both before and after (See 71 FR 24806–24808.) The direct electronic engine control system instead the closing date for comments. A report final rule notified the public of our of a mechanical control system. The summarizing each substantive public intention to amend the animal applicable airworthiness regulations do contact with FAA personnel concerning importation regulations by adding not contain adequate or appropriate this rulemaking will be filed in the Indiana to the lists of States approved to safety standards for this design feature. docket. Commenters wishing the FAA to receive certain stallions and mares These special conditions contain the acknowledge receipt of their comments imported into the United States from additional safety standards that the submitted in response to this notice regions affected with contagious equine Administrator considers necessary to must include a self-addressed, stamped metritis. We did not receive any written establish a level of safety equivalent to postcard on which the following adverse comments regarding the that established by the existing statement is made: ‘‘Comments to addition of Indiana to those lists or airworthiness standards. Docket No. CE249.’’ The postcard will written notice of intent to submit DATES: The effective date of these be date stamped and returned to the adverse comments in response to the special conditions is June 7, 2006. commenter. direct final rule. Comments must be received on or Background DATES: Effective Date: The effective date before July 17, 2006. of the direct final rule is confirmed as ADDRESSES: Comments on the special On March 19, 2004, the Societe de June 26, 2006. conditions may be mailed in duplicate Motorisation Aeronautiques Engines, FOR FURTHER INFORMATION CONTACT: Dr. to: Federal Aviation Administration Inc. applied for Supplemental Type Freeda E. Isaac, Senior Staff (FAA), Regional Counsel, ACE–7, Certification of Cessna Models 182Q Veterinarian, National Center for Import Attention: Rules Docket, Docket No. and 182R airplanes for the installation and Export, VS, APHIS, 4700 River CE249, 901 Locust, Room 506, Kansas of an SMA Model SR305–230. The Road Unit 39, Riverdale, MD 20737– City, Missouri 64106, or delivered in airplane is powered by a SMA Model 1231; (301) 734–8364. duplicate to the Regional Counsel at the SR305–230 that is equipped with an Authority: 7 U.S.C. 1622 and 8301–8317; above address. Comments must be electronic engine control system with 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 marked: Docket No. CE249. Comments full authority capability in these CFR 2.22, 2.80, and 371.4. may be inspected in the Rules Docket airplanes.

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Type Certification Basis Committee (ARAC) Electromagnetic 182R airplanes to incorporate the same Under the provisions of 14 CFR Effects Harmonization Working Group novel or unusual design features, the 21.101, SMA Engines, Inc., must show (EEHWG). The EEHWG adopted a set of special conditions would apply to that that the Cessna Models 182Q and 182R HIRF environment levels in November model as well under the provisions of airplanes, with the installation of an 1997 that were agreed upon by the FAA, § 21.101. the Joint Aviation Authorities (JAA), SMA Model SR305–230, meets the Conclusion applicable provisions of part 14 CFR and industry participants. As a result, the HIRF environments in this notice This action affects only certain novel part 23, as amended by Amendments reflect the environment levels or unusual design features on SMA 23–1 through 23–51 and Civil Air recommended by this working group. Engines, Inc., modified Cessna Models Regulations (CAR) 3 thereto. This notice states that a FADEC is an 182Q and 182R airplanes. It is not a rule If the Administrator finds that the example of a system that should address of general applicability, and it affects applicable airworthiness regulations the HIRF environments. only the applicant who applied to the (i.e., CAR 3; 14 CFR, part 23) do not Even though the control system will FAA for approval of these features on contain adequate or appropriate safety be certificated as part of the engine, the the airplane. standards for the Cessna Models 182Q installation of an engine with an Under standard practice, the effective and 182R airplanes because of a novel electronic control system requires date of final special conditions would or unusual design feature, special evaluation due to the possible effects on be 30 days after the date of publication conditions are prescribed under the or by other airplane systems (e.g., radio in the Federal Register. However, as the provisions of § 21.16. interference with other airplane certification date for the SMA Engines, Special conditions, as appropriate, as electronic systems, shared engine and Inc., modified Cessna Models 182Q and defined in § 11.19, are issued in airplane power sources). The regulatory 182R is imminent, the FAA finds that accordance with § 11.38, and become requirements in 14 CFR part 23 for good cause exists to make these special part of the certification basis for the evaluating the installation of complex conditions effective upon issuance. supplemental type certification basis in systems, including electronic systems, accordance with § 21.101. Special are contained in § 23.1309. However, List of Subjects in 14 CFR Part 23 conditions are initially applicable to the when § 23.1309 was developed, the use Aircraft, Aviation safety, Signs and model for which they are issued. Should of electronic control systems for engines symbols. the applicant apply for a supplemental was not envisioned; therefore, the Citation type certificate to modify any other § 23.1309 requirements were not models that are listed on the same type applicable to systems certificated as part The authority citation for these certificate to incorporate the same novel of the engine (reference § 23.1309(f)(1)). special conditions is as follows: or unusual design features, the special Also, electronic control systems often Authority: 49 U.S.C. 106(g), 40113 and conditions would also apply under the require inputs from airplane data and 44701; 14 CFR 21.16 and 21.101; and 14 CFR provisions of § 21.101. power sources and outputs to other 11.38 and 11.19. Novel or Unusual Design Features airplane systems (e.g., automated The Special Conditions cockpit powerplant controls such as The SMA Engines, Inc. modified mixture setting). Although the parts of Accordingly, pursuant to the Cessna Models 182Q and 182R airplanes the system that are not certificated with authority delegated to me by the will incorporate a novel or unusual the engine could be evaluated using the Administrator, the following special design feature, an engine that includes criteria of § 23.1309, the integral nature conditions are issued as part of the an electronic control system with Full of systems such as these makes it supplemental type certification basis for Authority Digital Engine control unfeasible to evaluate the airplane SMA Engines, Inc., modified Cessna (FADEC) capability. portion of the system without including Models 182Q and 182R airplanes. Many advanced electronic systems are the engine portion of the system. 1. High Intensity Radiated Fields prone to either upsets or damage, or However, § 23.1309(f)(1) again prevents (HIRF) Protection. In showing both, at energy levels lower than analog complete evaluation of the installed compliance with 14 CFR part 21 and the systems. The increasing use of high airplane system since evaluation of the airworthiness requirements of 14 CFR power radio frequency emitters engine system’s effects is not required. part 23, protection against hazards mandates requirements for improved Therefore, special conditions are caused by exposure to HIRF fields for High Intensity Radiated Fields (HIRF) proposed for the SMA Engines, Inc., the full authority digital engine control protection for electrical and electronic modified Cessna Models 182Q and 182R system, which performs critical equipment. Since the electronic engine airplanes to provide HIRF protection functions, must be considered. To control system used on the SMA and to evaluate the installation of the prevent this occurrence, the electronic Engines, Inc., modified Cessna Models electronic engine control system for engine control system must be designed 182Q and 182R airplanes will perform compliance with the requirements of and installed to ensure that the critical functions, provisions for § 23.1309(a) through (e) at Amendment operation and operational capabilities of protection from the effects of HIRF 23–49. this critical system are not adversely should be considered and, if necessary, affected when the airplane is exposed to incorporated into the airplane design Applicability high energy radio fields. data. The FAA policy contained in As discussed above, these special At this time, the FAA and other Notice 8110.71, dated April 2, 1998, conditions are applicable to the SMA airworthiness authorities are unable to establishes the HIRF energy levels that Engines, Inc., modified Cessna Models precisely define or control the HIRF airplanes will be exposed to in service. 182Q and 182R airplanes. Should SMA energy level to which the airplane will The guidelines set forth in this notice Engines, Inc., apply at a later date for a be exposed in service; therefore, the are the result of an Aircraft Certification supplemental type certificate to modify FAA hereby defines two acceptable Service review of existing policy on any other model included on the same interim methods for complying with the HIRF, in light of the ongoing work of the type certificate as the SMA Engines, requirement for protection of systems Aviation Rulemaking Advisory Inc., modified Cessna Models 182Q and that perform critical functions.

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(1) The applicant may demonstrate Issued in Kansas City, Missouri on June 7, per ton’’ column, in the entry for use of that the operation and operational 2006. lasalocid at 30 to 600 grams per ton in capability of the installed electrical and David R. Showers, combination with chlortetracycline at electronic systems that perform critical Acting Manager, Small Airplane Directorate, 500 to 4000 grams per ton, by removing functions are not adversely affected Aircraft Certification Service. the second paragraph designation when the aircraft is exposed to the [FR Doc. E6–9241 Filed 6–14–06; 8:45 am] ‘‘(xxiii)’’ and by adding in its place the external HIRF threat environment BILLING CODE 4910–13–P paragraph designation ‘‘(xxviii)’’. defined in the following table: Dated: June 1, 2006. Stephen F. Sundlof, Field strength DEPARTMENT OF HEALTH AND Director, Center for Veterinary Medicine. Frequency (volts per meter) HUMAN SERVICES [FR Doc. E6–9321 Filed 6–14–06; 8:45 am] Peak Average Food and Drug Administration BILLING CODE 4160–01–S 10 kHz–100 kHz ...... 50 50 100 kHz–500 kHz ..... 50 50 21 CFR Part 558 500 kHz–2 MHz ...... 50 50 2 MHz–30 MHz ...... 100 100 New Animal Drugs for Use in Animal DEPARTMENT OF STATE 30 MHz–70 MHz ...... 50 50 Feeds; Lasalocid; Correction 70 MHz–100 MHz ..... 50 50 22 CFR Parts 40, 41, and 42 100 MHz–200 MHz ... 100 100 AGENCY: Food and Drug Administration, 200 MHz–400 MHz ... 100 100 HHS. [Public Notice 5362] 400 MHz–700 MHz ... 700 50 ACTION: Final rule; correcting 700 MHz–1 GHz ...... 700 100 amendments. Nomenclature Changes Reflecting 1 GHz–2 GHz ...... 2000 200 Creation of Department of Homeland 2 GHz–4 GHz ...... 3000 200 SUMMARY: The Food and Drug Security 4 GHz–6 GHz ...... 3000 200 Administration (FDA) is correcting a AGENCY: 6 GHz–8 GHz ...... 1000 200 document amending the animal drug State Department. 8 GHz–12 GHz ...... 3000 300 regulations to reflect approval of an ACTION: Final rule. 12 GHz–18 GHz ...... 2000 200 original new animal drug application 18 GHz–40 GHz ...... 600 200 SUMMARY: This rule makes technical (NADA) that appeared in the Federal nomenclature changes to Title 22 Code The field strengths are expressed in terms Register of April 27, 2006 (71 FR of Federal Regulations (CFR) parts 40, of peak root-mean-square (rms) values. 24814). FDA is correcting a paragraph 41, and 42 to properly reflect the designation in the table for lasalocid or, creation of the Department of Homeland cattle feeds which was drafted in error. Security (DHS) and its assumption of (2) The applicant may demonstrate by This correction is being made to the functions of the former Immigration a system test and analysis that the improve the accuracy of the animal drug and Naturalization Service (INS). This electrical and electronic systems that regulations. perform critical functions can withstand rule also reflects changes to form DATES: This rule is effective June 15, a minimum threat of 100 volts per meter numbers on various visa-related forms. 2006. peak electrical strength, without the Because the amendments are entirely benefit of airplane structural shielding, FOR FURTHER INFORMATION CONTACT: technical, the State Department is not in the frequency range of 10 KHz to 18 George K. Haibel, Center for Veterinary providing an opportunity for public GHz. When using this test to show Medicine (HFV–6), Food and Drug comment under the Administrative compliance with the HIRF Administration, 7519 Standish Pl., Procedure Act ‘‘good cause’’ exemption. requirements, no credit is given for Rockville, MD 20855, 240–276–9019, e- DATES: Effective Date: This rule is signal attenuation due to installation. mail: [email protected]. effective June 15, 2006. Data used for engine certification may SUPPLEMENTARY INFORMATION: For the Persons with access to the internet be used, when appropriate, for airplane reasons set forth in the preamble, FDA may view this notice by going to the certification. is correcting 21 CFR part 558 to read as regulations.gov Web site at: http:// 2. Electronic Engine Control System. follows: www.regulations.gov/index.cfm. The installation of the electronic engine List of Subjects in 21 CFR Part 558 FOR FURTHER INFORMATION CONTACT: control system must comply with the Barbara J. Kennedy, Legislation and Animal drugs, Animal feeds. requirements of § 23.1309(a) through (e) Regulations Division, Visa Services, I at Amendment 23–49. The intent of this Therefore, under the Federal Food, U.S. Department of State, 2401 E Street, requirement is not to re-evaluate the Drug, and Cosmetic Act and under NW., Room L–603, Washington, DC inherent hardware reliability of the authority delegated to the Commissioner 20520–0106; telephone 202–663–1206 control itself, but rather determine the of Food and Drugs and redelegated to or e-mail [email protected]. the Center for Veterinary Medicine, 21 effects, including environmental effects SUPPLEMENTARY INFORMATION: addressed in § 23.1309(e), on the CFR part 558 is amended as follows: airplane systems and engine control PART 558—NEW ANIMAL DRUGS FOR Why is the Department Promulgating system when installing the control on USE IN ANIMAL FEEDS This Rule? the airplane. When appropriate, engine On March 1, 2003, the INS’s functions certification data may be used when I 1. The authority citation for 21 CFR were transferred to the newly created showing compliance with this part 558 continues to read as follows: Department of Homeland Security requirement. Authority: 21 U.S.C. 360b, 371. (DHS). The reorganization was required With respect to compliance with by the Homeland Security Act of 2002, § 23.1309(e), the levels required for § 558.311 [Amended] Public Law No. 107–296 section 1502. compliance shall be at the levels for I 2. Section 558.311 is corrected in the This final rule includes the changes that catastrophic failure conditions. table in the ‘‘Lasalocid sodium in grams reflect the transfer.

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How is the Department Amending its competition, employment, investment, § 40.1 [Amended] Regulations? productivity, innovation, or on the I 2. In § 40.1: This rule reflects the transfer of ability of United States-based I A. Remove paragraph (k); functions made by including these companies to compete with foreign I B. Redesignate existing paragraphs (g), changes in 22 CFR, parts 40, 41, and 42. based companies in domestic and (h), (i), and (j) as (h), (i), (j), and (k) import markets. respectively; Regulatory Findings Executive Order 12866 I C. Add a new paragraph (g); I Administrative Procedure Act The Department of State has reviewed D. In paragraph (l)(1), remove ‘‘Form The Department’s implementation of this rule to ensure its consistency with OF–156’’ and add ‘‘Form DS–156’’ in its this regulation as a final rule is based the regulatory philosophy and place; I upon the ‘‘good cause’’ exceptions principles set forth in Executive Order E. In paragraph (l)(2), remove ‘‘Form found at 5 U.S.C. 553(b)(B). This action 12866 and has determined that the OF–230’’ and add ‘‘Form DS–230’’ in its is being taken without prior notice and benefits of the regulation justify its place; public comment. Section 553(b) of the costs. The Department does not consider I F. In paragraph (p), remove APA authorizes agencies to dispense the rule to be a ‘‘significant regulatory ‘‘Commissioner of Immigration and with certain notice procedures for rules action’’ within the scope of section Naturalization,’’ and ‘‘INS,’’ and add when they find ‘‘good cause’’ to do so. 3(f)(1) of the Executive Order since it is ‘‘DHS’’ in its place wherever it appears; The requirements of notice and not likely to have an annual effect on The addition reads as follows: opportunity for comment do not apply the economy of $100 million or more or § 40.1 Definitions. when the agency, for good cause, finds to adversely affect in a material way the * * * * * that those procedures are economy, a sector of the economy, ‘‘impracticable, unnecessary, or contrary competition, jobs, the environment, (g) DHS means the Department of to the public interest.’’ Because the public health or safety, or State, local or Homeland Security. changes being made are completely tribal governments or communities. * * * * * technical, the Department has Executive Orders 12372 and 13132: § 40.11 [Amended] determined that public comment is Federalism I unnecessary. 3. In § 40.11, in paragraph (b) remove This regulation will not have ‘‘INS’’ and add ‘‘DHS’’ in its place Regulatory Flexibility Act/Executive substantial direct effects on the States, wherever it appears, and remove Order 13272: Small Business on the relationship between the national ‘‘Attorney General’’ and add ‘‘Secretary The Department of State, in government and the States, or the of Homeland Security’’ in its place. distribution of power and accordance with the Regulatory § 40.21 [Amended] Flexibility Act (Pub. L. 96–354, 5 U.S.C. responsibilities among the various I 601–612) and Executive Order 13272, levels of government. Nor will the rule 4. In § 40.21, in paragraphs (a)(7) and section 3(b), has evaluated the effects of have federalism implications warranting (b)(2), remove ‘‘INS’’ and add ‘‘DHS’’ in this action of small entities and has the application of Executive Orders No. its place wherever it appears. determined and hereby certifies that this 12372 and No. 13132. § 40.22 [Amended] rule will not have a significant Executive Order 12988: Civil Justice I 5. In § 40.22, in paragraph (e) remove economic impact on a substantial Reform ‘‘INS’’ and add ‘‘DHS’’ in its place number of small entities. The Department has reviewed the wherever it appears. The Unfunded Mandates Reform Act of regulations in light of sections 3(a) and § 40.24 [Amended] 1995 3(b)(2) of Executive Order No. 12988 to I 6. In § 40.24, in paragraph (d) remove Section 202 of the Unfunded eliminate ambiguity, minimize ‘‘INS’’ and add ‘‘DHS’’ in its place Mandates Reform Act of 1995 (UFMA), litigation, establish clear legal wherever it appears. Public Law 104–4, 109 Stat. 48, 2 U.S.C. standards, and reduce burden. 1532, generally requires agencies to Paperwork Reduction Act § 40.34 [Amended] prepare a statement before proposing This rule does not impose any new I 7. In § 40.34, in paragraph (g) remove any rule that may result in an annual reporting or recordkeeping requirements ‘‘INS’’ and add ‘‘DHS’’ in its place expenditure of $100 million or more by subject to the Paperwork Reduction Act, wherever it appears. State, local, or tribal governments, or by 44 U.S.C. chapter 35. the private section. This rule will not § 40.41 [Amended] result in any such expenditure, nor will List of Subjects in 22 CFR Parts 40, 41, I 8. In § 40.41: it significantly or uniquely affect small and 42 I A. In paragraph (b) remove ‘‘Attorney governments. Aliens, Immigration, Students, General’’ and add ‘‘Secretary of The Small Business Regulatory Passports and visas. Homeland Security’’ in its place. Enforcement Fairness Act of 1996 I In view of the foregoing, 22 CFR parts I B. In paragraph (d) remove ‘‘INS’’ and 40, 41, and 42 are amended as follows: add ‘‘DHS’’ in its place. This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of PART 40—[AMENDED] § 40.51 [Amended] congressional review of agency I 9. In § 40.51, in paragraph (b) remove rulemaking under the Small Business Regulations pertaining to both ‘‘Attorney General’’ and add ‘‘Secretary Regulatory Enforcement Fairness Act of nonimmigrants and immigrants under of Homeland Security’’ in its place. 1996, Public Law 104–121. This rule the Immigration and Nationality Act, as will not result in an annual effect on the amended. § 40.53 [Amended] economy of $100 million or more; a I 1. The authority citation for part 40 I 10. In § 40.53, in paragraph (a) remove major increase in costs or prices; or continues to read as follows: ‘‘Attorney General’’ and add ‘‘Secretary significant adverse effects on Authority: 8 U.S.C. 1104. of Homeland Security’’ in its place.

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§ 40.63 [Amended] I B. In paragraph (j) remove § 41.57 [Amended] I 11. In § 40.63, in paragraph (c) remove ‘‘Immigration and Naturalization I 31. In § 41.57, in paragraphs (a)(1)(ii), ‘‘INS’’ and add ‘‘DHS’’ in its place Service’’ and add ‘‘Department of (a)(2) and (a)(4) remove ‘‘INS’’ and add wherever it appears. Homeland Security’’ in its place, and ‘‘DHS’’ in its place wherever it appears. remove ‘‘INS’’ and add ‘‘DHS’’ wherever § 40.65 [Amended] it appears; § 41.59 [Amended] I 12. In § 40.65, in paragraph (b) remove I 32. In § 41.59: ‘‘INS’’ and add ‘‘DHS’’ in its place § 41.11 [Amended] I A. In paragraphs (a)(2) and (b) remove wherever it appears. I 22. In § 41.11, in paragraph (b)(2) ‘‘INS’’ and add ‘‘DHS’’ in its place remove ‘‘Attorney General’’ and add wherever it appears. § 40.66 [Amended] ‘‘Secretary of Homeland Security’’ in its I B. In paragraph (d) remove ‘‘Attorney I 13. In § 40.66, in paragraph (b) remove place. General’’ and add ‘‘Secretary of ‘‘INS’’ and add ‘‘DHS’’ in its place Homeland Security’’ in its place. wherever it appears. § 41.31 [Amended] I 23. In § 41.31, in paragraph (a)(1) § 41.61 [Amended] § 40.91 [Amended] remove ‘‘Attorney General’’ and add I 33. In § 41.61, in paragraphs (b)(1)(i) I 14. In § 40.91, in paragraph (e) remove ‘‘Secretary of Homeland Security’’ in its and (c) remove ‘‘Attorney General’’ and ‘‘Attorney General’’ and add ‘‘Secretary place. add ‘‘Secretary of Homeland Security’’ of Homeland Security’’ in its place. in its place wherever it appears. § 41.32 [Amended] § 40.92 [Amended] I 24. In § 41.32: § 41.63 [Amended] I 15. In § 40.92, in paragraph (c) remove I A. In paragraph (a)(2) remove ‘‘Form I 34. In § 41.63: ‘‘INS’’ and add ‘‘DHS’’ in its place. OF–156’’ and add Form DS–156’’ in its I A. In paragraph (a)(2) remove place; § 40.93 [Amended] ‘‘Commissioner of Immigration and I B. In paragraph (d)(2) remove Naturalization’’ and add ‘‘Department of I 16. In § 40.93 remove ‘‘Attorney ‘‘Attorney General’’ and add ‘‘Secretary Homeland Security’’ in its place, and General’’ and add ‘‘Secretary of of Homeland Security’’ in its place. remove ‘‘Attorney General’’ and add Homeland Security’’ in its place. § 41.33 [Amended] ‘‘Secretary of Homeland Security’’ in its place wherever it appears; § 40.105 [Amended] I 25. In § 41.33, in paragraph (c)(2) I I 17. In § 40.105 remove ‘‘Attorney B. In paragraph (a)(3) remove remove ‘‘Attorney General’’ and add ‘‘Attorney General’’ and add ‘‘Secretary General’’ and add ‘‘Secretary of ‘‘Secretary of Homeland Security’’ in its Homeland Security’’ in its place. of Homeland Security’’ in its place; place. I C. In paragraph (b)(1) remove ‘‘INS § 40.202 [Amended] § 41.51 [Amended] Form I–612’’ and add ‘‘DHS Form I– I 18. In § 40.202, in paragraph (b) I 26. In § 41.51, in paragraphs (a)(13) 612’’ in its place, and remove remove ‘‘Attorney General’’ and add and (b)(14) remove ‘‘Attorney General’’ ‘‘Immigration and Naturalization ‘‘Secretary of Homeland Security’’ in its and add ‘‘Secretary of Homeland Service’’ and add ‘‘Department of place. Security’’ in its place wherever it Homeland Security’’ in its place; I D. In paragraph (b)(2)(i), remove ‘‘the appears. § 40.301 [Amended] Commissioner of the Immigration and I 19. In § 40.301: § 41.53 [Amended] Naturalization Service I A. In paragraph (a) remove ‘‘Attorney I 27. In § 41.53: (‘‘Commissioner’’)’’ and add ‘‘DHS’’ in General’’ and add ‘‘Secretary of I A. In paragraph (a)(2) remove ‘‘INS’’ its place, and remove ‘‘the Homeland Security’’ in its place; and add ‘‘DHS’’ in its place wherever it Commissioner’’ and add ‘‘DHS’’ in its I B. In paragraph (b) remove ‘‘INS’’ and appears. place; add ‘‘DHS’’ in its place wherever it I B. In paragraph (b) remove I E. In paragraph (b)(2)(ii), (b)(2)(iii), appears; ‘‘Immigration and Naturalization (c)(5), (d)(2) and (e)(4) remove ‘‘the I C. In paragraph (c) remove ‘‘Attorney Service’’ and add ‘‘Department of Commissioner’’ and add ‘‘DHS’’ in its General’’ and add ‘‘Secretary of Homeland Security’’ in its place. place wherever it appears; Homeland Security’’ in its place I C. In paragraph (d) remove ‘‘INS’’ and I F. In paragraph (f) remove ‘‘the wherever it appears. add ‘‘DHS’’ in its place. Immigration and Naturalization Service’’ and add ‘‘DHS’’ in its place; PART 41—[AMENDED] § 41.54 [Amended] I G. In paragraph (g)(8) remove ‘‘the I Visas: Documentation of 28. In § 41.54: Commissioner’’ and add ‘‘DHS’’ in its I A. In paragraphs (a)(2), (a)(3), (b) and nonimmigrants under the Immigration place. (d), remove ‘‘INS’’ and add ‘‘DHS’’ in its and Nationality Act, as amended. § 41.71 [Amended] I 20. The authority citation for part 41 place wherever it appears. I B. In paragraph (e) remove ‘‘Attorney I 35. In § 41.71, in paragraph (b) remove continues to read as follows: General’’ and add ‘‘Secretary of ‘‘Attorney General’’ and add ‘‘Secretary Authority: 8 U.S.C. 1104; Public Law No. Homeland Security’’ in its place. of Homeland Security’’ in its place. 05–277, 112 Stat. 2681–795 through 2681– 801. § 41.55 [Amended] § 41.81 [Amended] I 29. In § 41.55, in paragraphs (a)(2), (b) I 36. In § 41.81, in paragraphs (a)(1) and § 41.2 [Amended] and (d) remove ‘‘INS’’ and add ‘‘DHS’’ (b)(1) remove ‘‘INS’’ and add ‘‘DHS’’ in I 21. In § 41.2: in its place wherever it appears. its place wherever it appears. I A. In the heading and in the first sentence, remove ‘‘Attorney General’’ § 41.56 [Amended] § 41.83 [Amended] and add ‘‘Secretary of Homeland I 30. In § 41.56, in paragraphs (a)(2), (b) I 37. In § 41.83: Security’’ in its place wherever it and (d) remove ‘‘INS’’ and add ‘‘DHS’’ I A. In paragraphs (a)(2)(i)(A) and appears; in its place wherever it appears. (a)(2)(i)(B) remove ‘‘INS’’ and add

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‘‘DHS’’ in its place, and remove ‘‘on § 42.1 [Amended] I D. In paragraph (d) remove ‘‘Form behalf of the Attorney General;’’ I 47. In § 42.1, in paragraph (a) remove OF–155A’’ and add ‘‘Form OF–155B’’ in I B. In paragraph (b) remove ‘‘Attorney ‘‘INS’’ and add ‘‘The Department of its place. General’’ and add ‘‘Secretary of Homeland Security’’ in its place. § 42.74 [Amended] Homeland Security’’ in its place wherever it appears. § 42.2 [Amended] I 58. In § 42.74, in paragraphs (b)(2) and I 48. In § 42.2, in paragraph (g)(2) (c) remove ‘‘Form OF–155A’’ and add § 41.84 [Amended] remove ‘‘INS’’ and add ‘‘DHS’’ in its ‘‘Form OF–155B’’ wherever it appears. I place, and remove ‘‘Attorney General’’ 38. In § 41.84, in paragraph (a)(3) § 42.81 [Amended] remove ‘‘INS’’ and add ‘‘DHS’’ in its and add ‘‘Secretary of Homeland I place. Security’’ in its place. 59. In § 42.81, in paragraph (b) remove ‘‘Form OF–230’’ and add ‘‘Form DS– § 41.86 [Amended] § 42.21 [Amended] 230’’ in its place wherever it appears. I I 49. In § 42.21, in paragraph (a) and (b) 39. In § 41.86, in paragraph (c) remove § 42.82 [Amended] remove ‘‘INS’’ and add ‘‘DHS’’ in its ‘‘INS’’ and add ‘‘DHS’’ in its place. I place wherever it appears. 60. In § 42.82, in paragraph (e) remove § 41.103 [Amended] ‘‘INS’’ and add ‘‘DHS’’ in its place. § 42.31 [Amended] I 40. In § 41.103, in the heading and in Dated: May 17, 2006. I paragraphs (a)(1), (a)(2), (b)(1), (b)(1)(i), 50. In § 42.31, in paragraph (a) remove Maura Harty, (b)(1)(ii), (b)(2), (b)(3) and (b)(4) remove ‘‘INS’’ and add ‘‘DHS’’ in its place. Assistant Secretary for Consular Affairs, ‘‘Form OF–156’’ and add ‘‘Form DS– § 42.32 [Amended] Department of State. 156’’ in its place wherever it appears. I 51. In § 42.32, in paragraphs (a)(1), [FR Doc. E6–8165 Filed 6–14–06; 8:45 am] § 41.106 [Amended] (b)(1), (c)(1), (d)(1)(i)(A), (d)(3)(i), (d)(4), BILLING CODE 4710–06–P I 41. In § 41.106 remove ‘‘Form OF– (d)(5)(i), (d)(6), (d)(7)(i), (d)(8)(i), 156’’ and add ‘‘Form DS–156’’ in its (d)(9)(i)(A) and (e)(1), remove ‘‘INS’’ and DEPARTMENT OF THE TREASURY place. add ‘‘DHS’’ in its place wherever it appears. § 41.108 [Amended] Alcohol and Tobacco Tax and Trade § 42.43 [Amended] Bureau I 42. In § 41.108, in paragraph (b) I 52. In § 42.43, in paragraph (a) and remove ‘‘INS’’ and add ‘‘DHS’’ in its 27 CFR Part 9 place. (b)(1) remove ‘‘INS’’ and add ‘‘DHS’’ in its place wherever it appears. [T.D. TTB–48; Re: Notice No. 44] § 41.112 [Amended] § 42.51 [Amended] RIN 1513–AA55 I 43. In § 41.112, in paragraphs (d)(1)(ii) I 53. In § 42.51, in paragraph (b), and (d)(2)(i) remove ‘‘INS’’ and add Expansion of San Francisco Bay and ‘‘DHS’’ in its place wherever appears. remove ‘‘INS’’ and add ‘‘DHS’’ in its place. Central Coast Viticultural Areas § 41.113 [Amended] (2002R–202P) § 42.63 [Amended] I 44. In § 41.113: AGENCY: Alcohol and Tobacco Tax and I 54. In § 42.63, in paragraphs (a)(1), I A. In paragraph (b) remove ‘‘Form Trade Bureau, Treasury. (a)(2),(b) and (c) remove ‘‘Form OF– OF–232’’ and add ‘‘Form DS–232’’ In its 230’’ and add ‘‘Form DS–230’’ in its ACTION: Final rule; Treasury decision. place wherever it appears; place wherever it appears. I B. In paragraph (d)(2) remove SUMMARY: This Treasury decision ‘‘Attorney General’’ and add ‘‘Secretary § 42.67 [Amended] expands by approximately 20,000 acres of Homeland Security’’ in its place; I 55. In § 42.67, in paragraphs (a)(2) and the San Francisco Bay viticultural area I C. In paragraph (g) remove ‘‘Form OF– (c)(1) remove ‘‘Form OF–230’’ and add and the Central Coast viticultural area in 156’’ and add ‘‘Form DS–156’’ in its ‘‘Form DS–230’’ in its place wherever it California to conform to the expanded place wherever it appears, and remove appears. boundary of the Livermore Valley ‘‘Form OF–232’’ and add Form DS–232’’ viticultural area. We designate in its place; § 42.71 [Amended] viticultural areas to allow vintners to I D. In paragraph (h) remove ‘‘Form I 56. In § 42.71, in paragraph (a) remove better describe the origin of their wines OF–156’’ and add ‘‘Form DS–156’’ in its ‘‘INS’’ and add ‘‘DHS’’ in its place. and to allow consumers to better identify wines they may purchase. place. § 42.73 [Amended] DATES: Effective Date: July 17, 2006. § 41.122 [Amended] I 57. In § 42.73: FOR FURTHER INFORMATION CONTACT: N.A. I I 45. In paragraphs (e), (h)(4), (h)(5) and A. In paragraphs (a) and (a)(6), remove Sutton, Regulations and Rulings (h)(6), remove ‘‘INS’’ and add ‘‘DHS’’ in ‘‘Form OF–155A’’ and add ‘‘Form OF– Division, Alcohol and Tobacco Tax and its place wherever it appears. 55B in its place wherever it appears;’’ Trade Bureau, 925 Lakeville St., No. I B. In paragraph (b) remove ‘‘Form OF– 158, Petaluma, California 94952; PART 42—[AMENDED] 155A’’ and add ‘‘Form OF–155B’’ in its telephone 415–271–1254. place, and remove ‘‘Form OF–230’’ and Visas: Documentation of immigrants add ‘‘Form DS–230’’ in its place; SUPPLEMENTARY INFORMATION: under the Immigration and Nationality I C. In paragraph (c) remove ‘‘Form OF– Background on Viticultural Areas Act, as amended. 155A’’ and add ‘‘Form OF–155B’’ in its I 46. The authority citation for part 42 place, and remove ‘‘Form OF–230’’ and TTB Authority continues to read as follows: add ‘‘Form DS–230’’ in its place, and Section 105(e) of the Federal Alcohol Authority: 8 U.S.C. 1104; Public Law No. remove ‘‘INS’’ and add ‘‘DHS’’ in its Administration Act (the FAA Act, 27 107–56, Section 421. place; U.S.C. 201 et seq.) requires that alcohol

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beverage labels provide consumers with area, based on features found on United amended the Central Coast viticultural adequate information regarding product States Geological Survey (USGS) maps; area boundary in 1999, no changes were identity and prohibits the use of and made to the established boundary line misleading information on those labels. • A copy of the appropriate USGS of the Livermore Valley viticultural The FAA Act also authorizes the map(s) with the proposed viticultural area. As a result, the Central Coast Secretary of the Treasury to issue area’s boundary prominently marked. viticultural area and the San Francisco regulations to carry out its provisions. San Francisco Bay and Central Coast Bay viticultural area currently share a The Alcohol and Tobacco Tax and Viticultural Areas Expansion Petition common boundary line in Alameda Trade Bureau (TTB) administers these and Rulemaking County, while the Livermore Valley regulations. viticultural area does not share the same Part 4 of the TTB regulations (27 CFR Background boundary line. part 4) allows the establishment of TTB received a petition from the The central portion of the Livermore definitive viticultural areas and the use Livermore Valley Winegrowers Valley viticultural area’s eastern of their names as appellations of origin Association proposing to expand both boundary line sits to the west of the on wine labels and in wine the existing San Francisco Bay current San Francisco Bay and Central advertisements. Part 9 of the TTB viticultural area (27 CFR 9.157) and the Coast viticultural areas’ eastern regulations (27 CFR part 9) contains the existing Central Coast viticultural area boundary line. This portion of the list of approved viticultural areas. (27 CFR 9.75). The association made Livermore Valley viticultural area boundary line is west of the Diablo Definition this request in conjunction with, and as a consequence of, its proposed Range foothills, as noted on the USGS Section 4.25(e)(1)(i) of the TTB expansion of the Livermore Valley Altamont, Byron Hot Springs, and regulations (27 CFR 4.25(e)(1)(i)) defines viticultural area (27 CFR 9.46), which is Mendenhall Springs Quadrangle maps. a viticultural area for American wine as the subject of another final rule The common eastern boundary line of a delimited grape-growing region document published in this issue of the the San Francisco Bay and Central Coast distinguishable by geographical Federal Register. The petitioner viticultural areas is east of the features, the boundaries of which have represents most of the vineyards and Livermore Valley viticultural area been recognized and defined in part 9 wineries impacted by these expansions. boundary line, along the western of the regulations. These designations The original Livermore Valley foothills and mountains of the Diablo allow vintners and consumers to viticultural area is entirely within the Range, as defined on the USGS Midway attribute a given quality, reputation, or San Francisco Bay viticultural area, and Cedar Mtn. Quadrangle maps. other characteristic of a wine made from which is, in turn, entirely within the The preamble of T.D. ATF–407, grapes grown in an area to its Central Coast viticultural area. To retain which established the San Francisco geographical origin. The establishment this configuration, expansion of the Bay viticultural area, explains that the of viticultural areas allows vintners to Livermore Valley viticultural area Diablo Range elevations block the describe more accurately the origin of would require the minor expansions of Pacific Ocean’s marine air from their wines to consumers and helps the San Francisco Bay and Central Coast continuing eastward and inland. Also, consumers to identify wines they may viticultural areas that are the subject of the region east of the Diablo Range and purchase. Establishment of a viticultural this document. the Livermore Valley has higher area is neither an approval nor an Below, we summarize the evidence temperatures, lower humidity, and endorsement by TTB of the wine presented in the petition to justify the decreased rainfall typical of an inland, produced in that area. expansions of the San Francisco Bay continental climate. and Central Coast viticultural areas. The concurrent petition to expand the Requirements Livermore Valley viticultural area Section 4.25(e)(2) of the TTB Rationale and Evidence for the provides an opportunity to align the regulations outlines the procedure for Proposed Expansion boundaries of all three viticultural proposing an American viticultural area In the years since the Bureau of areas—Livermore Valley, San Francisco and provides that any interested party Alcohol, Tobacco and Firearms (ATF), Bay, and Central Coast—into one may petition TTB to establish a grape- TTB’s predecessor agency, established common boundary line in this region. growing region as a viticultural area. the current Livermore Valley The proposed expansions of the San Petitioners may use the same procedure viticultural area in 1982, ATF also Francisco Bay and Central Coast to request changes involving existing established the Central Coast and San viticultural areas would result in eastern viticultural areas. Section 9.3(b) of the Francisco Bay viticultural areas. Both of boundaries for these two areas that TTB regulations requires the petition to these viticultural areas currently coincide with the proposed boundary include— encompass the Livermore Valley expansion of the Livermore Valley • Evidence that the proposed viticultural area in its entirety and viticultural area. These proposed viticultural area is locally and/or incorporate some of the Livermore expansions remain consistent with the nationally known by the name specified Valley area’s eastern boundary line as essential elements currently recognized in the petition; part of their own boundaries. (See: by TTB, such as name, regional identity, • Historical or current evidence that Livermore Valley Viticultural Area, and distinguishing geographical supports setting the boundary of the Treasury Decision [T.D] ATF–112, 47 features, of viticultural areas. Also, they proposed viticultural area as the FR 38520, September 1, 1982; Central serve consumers by providing clear, petition specifies; Coast Viticultural Area, T.D. ATF–216, unambiguous boundaries that would • Evidence relating to the 50 FR 43130, October 24, 1985, as aid, rather than complicate, their wine geographical features, such as climate, amended by T.D. ATF–407 64 FR 3023, buying decisions. soils, elevation, and physical features, January 20, 1999; and San Francisco Bay that distinguish the proposed Viticultural Area, T.D. ATF–407, 64 FR Name and Boundary Evidence viticultural area from surrounding areas; 3015, January 20, 1999.) T.D. ATF–407, which established the • A description of the specific When ATF established the San San Francisco Bay viticultural area and boundary of the proposed viticultural Francisco Bay viticultural area and expanded the Central Coast viticultural

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area to the north, details evidence for (70 FR 28870) as Notice No. 44. In that area name is the result of a proprietor’s name recognition and regional identity notice, TTB requested comments by July efforts and consumer acceptance of for the San Francisco Bay viticultural 18, 2005, from all interested persons. wines from that area. Therefore, no area and the Central Coast viticultural We received no comments in response regulatory flexibility analysis is area. It explains that the counties of San to that notice. required. Francisco, Contra Costa, Alameda, Santa Clara, and San Mateo all border the San TTB Finding Executive Order 12866 Francisco Bay body of water and are After careful review of the petition, This rule is not a significant consistently considered to be part of the TTB finds that the evidence submitted regulatory action as defined by San Francisco Bay region. All, or supports the expansion of the two Executive Order 12866, 58 FR 51735. portions of, the five counties listed proposed viticultural areas as requested Therefore, it requires no regulatory above are within the established in the petition. Therefore, under the assessment. boundary lines of the San Francisco Bay authority of the Federal Alcohol Drafting Information and Central Coast viticultural areas. Administration Act and part 4 of our To support the expansion of the regulations, we amend our regulations N.A. Sutton of the Regulations and boundary of the Central Coast to expand the boundaries of the San Rulings Division drafted this notice. viticultural area, the petitioner cited Francisco Bay and Central Coast List of Subjects in 27 CFR Part 9 T.D. ATF–407, which maintains that the viticultural areas in Alameda and general marine climate extends north Contra Costa Counties, California, Wine. and northwest beyond the originally effective 30 days from the publication The Regulatory Amendment established boundary of the Central date of this document. Coast viticultural area. Also, the name I For the reasons discussed in the recognition of Central Coast, as used by Boundary Description preamble, we amend 27 CFR, chapter 1, wine writers and in the California State See the narrative boundary part 9, as follows: legislature, extends north and west into descriptions of the expanded the five counties surrounding the San viticultural areas in the amended PART 9—AMERICAN VITICULTURAL Francisco Bay body of water. The names regulatory texts published at the end of AREAS of both the San Francisco Bay and this document. I 1. The authority citation for part 9 Central Coast viticultural areas are Maps continues to read as follows: unaffected by the proposed boundary expansions, and therefore the evidence The petitioner provided the required Authority: 27 U.S.C. 205. cited in T.D. ATF–407 remains accurate. maps, and we list them below in the The proposed alignment of the San proposed regulatory text. Subpart C—Approved American Francisco Bay and Central Coast Viticultural Areas Impact on Current Wine Labels boundaries with the expanded I 2. Section 9.75 is amended by revising Livermore Valley boundary is limited to The expansion of the San Francisco the introductory text of paragraph (b), Alameda and Contra Costa Counties. Bay and Central Coast viticultural areas removing the word ‘‘and’’ at the end of These counties encompass the Central does not affect currently approved wine Coast’s northeastern region and the San labels. The expansions may allow paragraph (b)(40), replacing the period Francisco Bay’s eastern region, as noted additional vintners to use ‘‘San with a semicolon at the end of on the USGS maps and by the written Francisco Bay’’ and ‘‘Central Coast’’ as paragraph (b)(41), adding new boundary descriptions. While the appellations of origin on their wine paragraphs (b)(42) and (b)(43), and aligned boundaries for both the San labels. Part 4 of the TTB regulations revising paragraphs (c)(10) through Francisco Bay and Central Coast prohibits any label reference on a wine (c)(16) to read as follows: viticultural areas would expand that indicates or implies an origin other § 9.75 Central Coast. than the wine’s true place of origin. For eastward, they would do so in a limited * * * * * a wine to be eligible to use as an manner, and the boundaries remain true (b) Approved maps. The approved appellation of origin the name of a to the 1999 T.D. ATF–407 regional maps for determining the boundary of viticultural area specified in part 9 of definitions for both viticultural areas. the Central Coast viticultural area are the TTB regulations, at least 85 percent In sum, the name recognition for the the following 43 United States of the grapes used to make the wine affected portions of Alameda and Contra Geological Survey topographic maps: Costa Counties continues as the San must have been grown within the area Francisco Bay area and the larger represented by that name, and the wine * * * * * Central Coast area, as documented in must meet the other conditions listed in (42) Midway, California, scale T.D. ATF–407. Also, the distinguishing 27 CFR 4.25(e)(3). Different rules apply 1:24,000, dated 1953, Photorevised boundary and climatic characteristics, if a wine has a brand name containing 1980; and as described in T.D. ATF–407, including a viticultural area name that was used (43) Cedar Mtn., California, scale the cooling marine influences from the as a brand name on a label approved 1:24,000, dated 1956, Photorevised Pacific Ocean and San Francisco Bay before July 7, 1986. See 27 CFR 1971; minor revision 1994. and the natural boundary of the Diablo 4.39(i)(2) for details. (c) * * * Range, apply equally to the proposed * * * * * Regulatory Flexibility Act expansion area. (10) Then proceed southeast in a We certify that these regulations will straight line approximately 1.8 miles to Notice of Proposed Rulemaking not have a significant economic impact BM 720 in Section 21, Township 2 On May 19, 2005, TTB published a on a substantial number of small South, Range 3 East. (Altamont notice of proposed rulemaking regarding entities. These regulations impose no Quadrangle) the proposed expansion of the San new reporting, recordkeeping, or other (11) Then proceed south-southeast Francisco Bay and Central Coast administrative requirement. Any benefit approximately 1 mile to an unnamed viticultural areas in the Federal Register derived from the use of a viticultural 1,147-foot peak in Section 28, Township

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2 South, Range 3 East. (Altamont to the intersection of the eastern SUPPLEMENTARY INFORMATION: Quadrangle) boundary of Section 32 with Highway Background on Viticultural Areas (12) Then proceed south-southwest in 580 in Township 2 South, Range 3 East. a straight line approximately 1.1 miles (17) Then proceed north-northeast in TTB Authority a straight line approximately 1.1 miles to the intersection of the eastern Section 105(e) of the Federal Alcohol to an unnamed peak, elevation 1147, in boundary of Section 32 with Highway Administration Act (the FAA Act, 27 Section 28, Township 2 South, Range 3 580, Township 2 South, Range 3 East. U.S.C. 201 et seq.) requires that alcohol East. (Altamont Quadrangle) beverage labels provide consumers with (13) Then proceed south-southeast in (18) Then proceed north-northwest in adequate information regarding a a straight line approximately 2.7 miles a straight line approximately 1 mile to product’s identity and prohibits the use to BM 1602 in Patterson Pass in Section BM 720 in Section 21, Township 2 of misleading information on those 10, Township 3 South, Range 3 East. South, Range 3 East, and proceed labels. The FAA Act also authorizes the (Altamont Quadrangle) northwest in a straight line Secretary of the Treasury to issue (14) Then proceed south-southeast in approximately 1.8 miles to the northeast regulations to carry out its provisions. a straight line approximately 2.8 miles corner of Section 18 on the Byron Hot The Alcohol and Tobacco Tax and to BM 1600, adjacent to Tesla Road in Springs Quadrangle, Township 2 South, Trade Bureau (TTB) administers these Section 26. (Midway Quadrangle) Range 3 East. regulations. (15) Then proceed south in a straight * * * * * Part 4 of the TTB regulations (27 CFR line approximately 4.2 miles to BM Dated: April 25, 2006. part 4) allows the establishment of 1878, 40 feet north of Mines Road, in definitive viticultural areas and the use Section 14, Township 4 South, Range 3 John J. Manfreda, of their names as appellations of origin East. (Cedar Mtn. Quadrangle) Administrator. (16) Then proceed west-southwest in Approved: May 25, 2006. on wine labels and in wine advertisements. Part 9 of the TTB a straight line approximately 4.2 miles Timothy E. Skud, regulations (27 CFR part 9) contains the to the southeast corner of Section 19, Deputy Assistant Secretary (Tax, Trade, and list of approved viticultural areas. Township 4 South, Range 3 East. Tariff Policy). (Mendenhall Springs Quadrangle) [FR Doc. E6–9364 Filed 6–14–06; 8:45 am] Definition * * * * * BILLING CODE 4810–31–P Section 4.25(e)(1)(i) of the TTB I 3. Section 9.157 is amended by regulations (27 CFR 4.25(e)(1)(i)) defines revising the introductory text of a viticultural area for American wine as DEPARTMENT OF THE TREASURY paragraph (b), removing the word ‘‘and’’ a delimited grape-growing region at the end of paragraph (b)(41), Alcohol and Tobacco Tax and Trade distinguishable by geographical replacing the period with a semicolon Bureau features, the boundaries of which have followed by the word ‘‘and’’ at the end been recognized and defined in part 9 of paragraph (b)(42), adding a new 27 CFR Part 9 of the regulations. These designations paragraph (b)(43), and revising allow vintners and consumers to paragraphs (c)(13) through (c)(18) to [T.D. TTB–49; Re: Notices No. 29 and 35] attribute a given quality, reputation, or read as follows: RIN 1513–AA72 other characteristic of a wine made from grapes grown in an area to its § 9.157 San Francisco Bay. Realignment of the Santa Lucia geographical origin. The establishment * * * * * Highlands and Arroyo Seco Viticultural of viticultural areas allows vintners to (b) Approved maps. The appropriate Areas (2003R–083P) describe more accurately the origin of maps for determining the boundary of their wines to consumers and helps AGENCY: the San Francisco Bay viticultural area Alcohol and Tobacco Tax and consumers to identify wines they may are 43 United States Geological Survey Trade Bureau, Treasury. purchase. Establishment of a viticultural topographic maps. They are titled: ACTION: Final rule; Treasury decision. area is neither an approval nor an * * * * * SUMMARY: This Treasury decision endorsement by TTB of the wine (43) Cedar Mtn., California, scale realigns a portion of the common produced in that area. 1:24,000, dated 1956, Photorevised boundary line between the established 1971; Minor Revision 1994. Requirements Santa Lucia Highlands and Arroyo Seco (c) * * * Section 4.25(e)(2) of the TTB viticultural areas in Monterey County, regulations outlines the procedure for * * * * * California. This realignment moves proposing an American viticultural area (13) Then proceed northeast in a approximately 200 acres from the and provides that any interested party straight line approximately 3.2 miles to Arroyo Seco viticultural area to the may petition TTB to establish a grape- BM 1878 in Section 14 on the Cedar Santa Lucia Highlands area. We growing region as a viticultural area. Mtn. Quadrangle. designate viticultural areas to allow Section 9.3(b) of the TTB regulations (14) Then proceed north in a straight vintners to better describe the origin of requires the petition to include— line approximately 4.2 miles to BM their wines and to allow consumers to • Evidence that the proposed 1600 adjacent to Tesla Road in Section better identify wines they may viticultural area is locally and/or 26, Township 3 South, Range 3 East on purchase. the Midway Quadrangle. nationally known by the name specified (15) Then proceed north-northwest in DATES: Effective Date: July 17, 2006. in the petition; a straight line approximately 2.8 miles FOR FURTHER INFORMATION CONTACT: • Historical or current evidence that to Patterson Pass, BM 1602, in Section Nancy Sutton, Regulations and Rulings supports setting the boundary of the 10, Township 3 South, Range 3 East, on Division, Alcohol and Tobacco Tax and proposed viticultural area as the the Altamont Quadrangle. Trade Bureau, 925 Lakeville St., No. petition specifies; (16) Then proceed north-northwest in 158, Petaluma, California 94952; • Evidence relating to the a straight line approximately 2.7 miles telephone 415–271–1254. geographical features, such as climate,

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soils, elevation, and physical features, conforms the boundary line to land regarding the realignment of the Santa that distinguish the proposed ownership boundaries; and (3) it ends Lucia Highlands and Arroyo Seco viticultural area from surrounding areas; the current division of the Olsen Ranch viticultural area boundaries in the • A description of the specific vineyards between the two viticultural Federal Register (70 FR 3333) as Notice boundary of the proposed viticultural areas. No. 29. In that notice, TTB requested area, based on features found on United Currently, a thin strip of land outside comments by March 25, 2005, from all States Geological Survey (USGS) maps; of the Arroyo Seco Land Grant lies in interested persons. In response to a and the western-most portion of the Arroyo request for more time to study the • A copy of the appropriate USGS Seco viticultural area. By moving the proposal, on March 8, 2005, we map(s) with the proposed viticultural common Santa Lucia Highlands and published a notice to extend the area’s boundary prominently marked. Arroyo Seco boundary line to the east, comment period in the Federal Register A petition requesting the modification this portion of the Arroyo Seco (70 FR 11178) as Notice No. 35. In that of an established viticultural area must viticultural area’s western boundary notice, TTB requested comments by include the appropriate evidence and will match that of the historic Arroyo May 25, 2005, from all interested maps described above to support the Seco Land Grant. persons. requested modification. The vast majority of the Olsen Ranch In total, TTB received three comments lies within the Santa Lucia Highlands in response to the two notices. One Santa Lucia Highlands and Arroyo viticultural area, while a small portion comment strongly supported the Seco Viticultural Areas Realignment falls within the Arroyo Seco viticultural proposed realignment. Kendall-Jackson Petition and Rulemaking area. Thus, the vineyards on the Olson Wine Estates submitted two comments, General Background Ranch, which were planted after the the first of which requested the establishment of the two viticultural additional time to review and evaluate Paul Thorpe, on behalf of E. & J. Gallo areas, are divided between the Arroyo the petition information. The second Winery, submitted a petition to TTB Seco and Santa Lucia Highlands Kendall-Jackson comment proposed an requesting the realignment of a portion viticultural areas. The proposed additional boundary realignment of the of the common boundary between the eastward realignment of the portion of Santa Lucia Highlands and the Arroyo established Santa Lucia Highlands the two viticultural areas’ common Seco viticultural areas common viticultural area (27 CFR 9.139) and the boundary line between Clark Road and boundary involving approximately established Arroyo Seco viticultural section 5, T19S, R6E allows the Olson 1,200 acres. This proposed boundary area (27 CFR 9.59). Both viticultural Ranch vineyards to be totally in the realignment lies north of the originally areas are within the Monterey Santa Lucia Highlands viticultural area. proposed Gallo boundary realignment. viticultural area (27 CFR 9.98) in The dominant physical feature of the Although TTB believes the Kendall- Monterey County, California, which is proposed realignment area is the Jackson proposed boundary realignment in turn within the larger multi-county alluvial terracing that differentiates the may have merit, we did not adopt the Central Coast viticultural area (27 CFR highlands along the western edge of the proposal in this final rulemaking since 9.75). Salinas Valley from the lower elevation it has not been the subject of prior A portion of the original common valley floor. These terraces, which are public notice and comment procedures. boundary between the Santa Lucia above 600 feet in elevation, match the Kendall-Jackson may at any time submit Highlands and Arroyo Seco viticultural terrain found in the Santa Lucia its proposal as a separate viticultural areas follows a straight line drawn Highlands viticultural area, generally area rulemaking petition with the between the intersection of Paraiso and between 600 feet and 1,200 feet, as required supporting evidence and maps Clark Roads and the northeast corner of shown on USGS topographic maps. as described above. section 5, T19S, R6E, as shown on the Also, the terraces and higher elevations USGS Paraiso Springs, California, of the Santa Lucia Highlands area TTB Finding quadrangle map. The proposed contrast to the flatter terrain and lower After careful review of the petition realignment moves this portion of the elevation valley floor found in the and the comments received, TTB finds two viticultural areas’ common Arroyo Seco viticultural area. that the evidence submitted supports boundary line approximately 1,000 feet The primary soils of the proposed the boundary realignment proposed in to the east of the Paraiso and Clark realignment area are of the Arroyo Seco Notice No. 29. Therefore, under the Roads intersection and slightly less than and Chualar series. These soils are authority of the Federal Alcohol 500 feet to the east of the northeast generally loam or gravelly, sandy loam, Administration Act and part 4 of our corner of section 5, T19S, R6E. Overall, with underlying very gravelly material, regulations, we realign the boundaries the proposed realignment transfers and they coincide with the dominant of the Santa Lucia Highlands and approximately 200 acres of land from soils of the Santa Lucia Highlands Arroyo Seco viticultural areas in the Arroyo Seco viticultural area to the viticultural area. Monterey County, California, effective Santa Lucia Highlands area. The climatic conditions of the 30-days from this document’s Rationale and Evidence for the realignment area are similar to those of publication date. Proposed Realignment the Santa Lucia Highlands viticultural area. The rainfall in the realignment Boundary Description The proposed realignment of this area and the Santa Lucia Highlands area See the amendments to the narrative portion of the common boundary is 10 to 15 inches a year. In contrast, the boundary descriptions of the Arroyo between the Santa Lucia Highlands and lower valley floor found in the Arroyo Seco and Santa Lucia Highlands Arroyo Seco viticultural areas serves Seco viticultural area averages less rain, viticultural areas in the regulatory text three purposes: (1) It brings the western totaling approximately 9.5 inches a year. published at the end of this notice. boundary of the Arroyo Seco viticultural area into conformity with the western Notice of Proposed Rulemaking and Maps boundary of the historical Arroyo Seco Comments Received The petitioner provided a copy of the Land Grant, which lends its name to the On January 24, 2005, TTB published USGS Paraiso Springs quadrangle map Arroyo Seco viticultural area; (2) it a notice of proposed rulemaking to document the proposed boundary

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realignment. There are no changes to the Drafting Information unnamed light duty road for about 0.4 lists of maps required to document the Nancy Sutton of the Regulations and miles and then with the eastern boundaries of the amended Arroyo Seco Rulings Division drafted this document. boundaries of sections 29, 32 and 33, and Santa Lucia Highlands viticultural T18S, R6E, which mark this portion of areas. List of Subjects in 27 CFR Part 9 the western boundary of the historical Arroyo Seco Land Grant). Impact on Current Wine Labels Wine. (11) Then straight west along the The Regulatory Amendment Part 4 of the TTB regulations prohibits southern boundaries of sections 33, 32, any label reference on a wine that I For the reasons discussed in the and 31, T18S, R6E, to the southwest indicates or implies an origin other than preamble, we amend 27 CFR, chapter 1, corner of section 31. the wine’s true place of origin. With the part 9, as follows: * * * * * realignment of the Santa Lucia PART 9—AMERICAN VITICULTURAL Dated: April 16, 2006. Highlands and Arroyo Seco viticultural John J. Manfreda, areas, wine bottlers using ‘‘Santa Lucia AREAS Administrator. Highlands’’ or ‘‘Arroyo Seco’’ in a brand I 1. The authority citation for part 9 Approved: May 25, 2006. name, including a trademark, or in continues to read as follows: another label reference as to the origin Timothy E. Skud, of the wine, must continue to ensure Authority: 27 U.S.C. 205. Deputy Assistant Secretary (Tax, Trade, and that the product is eligible to use the I 2. Section 9.59 is amended by revising Tariff Policy). relevant viticultural area’s name as an paragraph (c)(13), redesignating [FR Doc. E6–9365 Filed 6–14–06; 8:45 am] appellation of origin. paragraphs (c)(14) through (c)(19) as BILLING CODE 4810–31–P For a wine to be eligible to use as an (c)(16) through (c)(21), and adding new paragraphs (c)(14) and (c)(15) to read as appellation of origin the name of a DEPARTMENT OF THE TREASURY viticultural area specified in part 9 of follows: the TTB regulations, at least 85 percent § 9.59 Arroyo Seco. Alcohol and Tobacco Tax and Trade of the grapes used to make the wine Bureau must have been grown within the area * * * * * (c) * * * represented by that name, and the wine 27 CFR Part 9 must meet the other conditions listed in * * * * * 27 CFR 4.25(e)(3). If the wine is not (13) Then east-northeasterly along [T.D. TTB–47; Re: Notice No. 43] eligible to use the viticultural area name Clark Road for approximately 1,000 feet RIN 1513–AA54 as an appellation of origin and that to its intersection with an unnamed name appears in the brand name, then light-duty road to the south. Expansion of the Livermore Valley the label is not in compliance and the (14) Then in a straight south- Viticultural Area (2002R–202P) bottler must change the brand name and southeasterly line for approximately 1.9 AGENCY: obtain approval of a new label. miles to the line’s intersection with the Alcohol and Tobacco Tax and Similarly, if the viticultural area name southeast corner of section 33, T18S, Trade Bureau, Treasury. appears in another reference on the R6E (this line coincides with the ACTION: Final rule; Treasury decision. label in a misleading manner, the bottler unnamed light duty road for SUMMARY: This Treasury decision would have to obtain approval of a new approximately 0.4 miles and then with expands the existing 96,000-acre label. the eastern boundaries of sections 29, 32 and 33, T18S, R6E, which mark this Livermore Valley viticultural area into Different rules apply if a wine has a portion of the western boundary of the northern Alameda County and southern brand name containing a viticultural historical Arroyo Seco Land Grant). Contra Costa County, California. The area name that was used as a brand (15) Then straight west along the expansion adds 163,000 acres to the name on a label approved before July 7, southern boundary of section 33, T18S, Livermore Valley viticultural area. We 1986. See 27 CFR 4.39(i)(2) for details. R6E, to its southwest corner. designate viticultural areas to allow Regulatory Flexibility Act * * * * * vintners to better describe the origin of I 3. Section 9.139 is amended by their wines and to allow consumers to We certify that this regulation will not revising paragraphs (c)(9) and (c)(10), better identify wines they may have a significant economic impact on redesignating paragraphs (c)(11) through purchase. a substantial number of small entities. (c)(21) as (c)(12) through (c)(22), and DATES: Effective Date: July 17, 2006. This regulation imposes no new adding a new paragraph (c)(11) to read FOR FURTHER INFORMATION CONTACT: N.A. reporting, recordkeeping, or other as follows: administrative requirement. Any benefit Sutton, Regulations and Rulings derived from the use of a viticultural § 9.139 Santa Lucia Highlands. Division, Alcohol and Tobacco Tax and area name is the result of a proprietor’s Trade Bureau, 925 Lakeville St., No. * * * * * 158, Petaluma, California 94952; efforts and consumer acceptance of (c) * * * telephone 415–271–1254. wines from that area. Therefore, no * * * * * SUPPLEMENTARY INFORMATION: regulatory flexibility analysis is (9) Then east-northeasterly along required. Clark Road for approximately 1,000 feet Background on Viticultural Areas to its intersection with an unnamed Executive Order 12866 TTB Authority light-duty road to the south. This rule is not a significant (10) Then in a straight south- Section 105(e) of the Federal Alcohol regulatory action as defined by southeasterly line for approximately 1.9 Administration Act (the FAA Act, 27 Executive Order 12866 (58 FR 51735). miles to the line’s intersection with the U.S.C. 201 et seq.) requires that alcohol Therefore, it requires no regulatory southeast corner of section 33, T18S, beverage labels provide consumers with assessment. R6E (this line coincides with the adequate information regarding product

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identity and prohibits the use of States Geological Survey (USGS) maps; and national renown as a vineyard misleading information on those labels. and region. As noted in ‘‘A Companion to The FAA Act also authorizes the • A copy of the appropriate USGS California Wine’’ by Charles L. Sullivan Secretary of the Treasury to issue map(s) with the proposed viticultural and ‘‘The Wine Atlas of California’’ by regulations to carry out its provisions. area’s boundary prominently marked. James Halliday, the Livermore Valley The Alcohol and Tobacco Tax and continues to be well known as one of Livermore Valley Viticultural Area Trade Bureau (TTB) administers these California’s most historic wine regions. Expansion Petition and Rulemaking regulations. The original viticultural area Part 4 of the TTB regulations (27 CFR Background boundary was established by TTB’s predecessor, the Bureau of Alcohol, part 4) allows the establishment of TTB received a petition from the Tobacco and Firearms (ATF), and definitive viticultural areas and the use Livermore Valley Winegrowers of their names as appellations of origin encompasses land historically and Association proposing to expand the geographically identified as the on wine labels and in wine existing Livermore Valley viticultural advertisements. Part 9 of the TTB Livermore Valley growing region. area (27 CFR 9.46). As currently Establishment of that boundary was regulations (27 CFR part 9) contains the defined, the area is located in Alameda list of approved viticultural areas. based upon the boundary presented to County and encompasses approximately ATF in the original petition. In the Definition 96,000 acres, of which 4,235 acres are current petition, however, the petitioner devoted to vineyards. A total of 20 Section 4.25(e)(1)(i) of the TTB has presented additional evidence to wineries operate in the viticultural area. TTB to support the conclusion that regulations (27 CFR 4.25(e)(1)(i)) defines TTB also received from the Livermore a viticultural area for American wine as lands immediately outside of and Valley Winegrowers Association a adjacent to the original Livermore a delimited grape-growing region petition proposing to expand the distinguishable by geographical Valley viticultural area boundary to the existing San Francisco Bay (27 CFR north, east, south, and west could be features, the boundaries of which have 9.157) and Central Coast (27 CFR 9.75) been recognized and defined in part 9 properly included in the viticultural viticultural areas; that petition is area, based upon both shared name of the regulations. These designations addressed in a separate final rule allow vintners and consumers to identification and shared geographical document published in this issue of the features. In addition, the proposed attribute a given quality, reputation, or Federal Register. Those proposed other characteristic of a wine made from Livermore Valley viticultural area expansions correspond directly to the expansion areas contrast sharply with grapes grown in an area to its proposed Livermore Valley viticultural geographical origin. The establishment lands beyond these boundaries. area expansion that is the subject of this Wines & Vines of California’’ by Frona of viticultural areas allows vintners to document. Eunice Wait, ‘‘American Wines’’ by describe more accurately the origin of The petitioner requested an expansion Frank Schoonmaker, ‘‘Gorman on their wines to consumers and helps of the Livermore Valley viticultural area Premium California Wines’’ by Robert consumers to identify wines they may to encompass both the valley floor and Gorman, and ‘‘The Winewright’s purchase. Establishment of a viticultural the flanking hills that define the valley’s Register’’ by Bruce Cass all document area is neither an approval nor an geography and watershed in Alameda the Livermore Valley as a much larger endorsement by TTB of the wine County and in the southern part of area that encompasses the entire valley produced in that area. Contra Costa County. The proposed basin and surrounding hills. All four Requirements expanded Livermore Valley viticultural references recognize the Livermore area would be bounded by the Altamont Valley as reaching north to Mount Section 4.25(e)(2) of the TTB Hills and Crane Ridge to the east, Cedar Diablo, and all mention the hills that regulations outlines the procedure for Mountain Ridge and Rocky Ridge to the surround the Livermore Valley basin to proposing an American viticultural area south, Walpert Ridge and Rocky Ridge the east, south, and west. As indicated and provides that any interested party to the west, and the peak of Mount in the discussion of Boundary Evidence may petition TTB to establish a grape- Diablo (the highest point of the Black below, the evidence defining the growing region as a viticultural area. Hills) to the north. The expansion of the Livermore Valley in this broader context Petitioners may use the same procedure Livermore Valley viticultural area covers the region’s viticultural history, to request changes involving existing would result in a viticultural area of from the 1880s to present. viticultural areas. Section 9.3(b) of the 259,000 acres, of which 4,355 acres TTB regulations requires the petition to would be devoted to vineyards. A total Boundary Evidence include— of 24 wineries would operate within the The Livermore Valley has a long • Evidence that the proposed proposed boundaries. The expansion, grape-growing history and a strong viticultural area is locally and/or therefore, would add a total of regional identity. However, precise nationally known by the name specified approximately 163,000 acres, 120 acres viticulture boundaries for the region in the petition; of vineyards, and 4 wineries to the were not defined until 1982, when ATF • Historical or current evidence that viticultural area. established the Livermore Valley supports setting the boundary of the Below, we summarize the evidence viticultural area. The proposed proposed viticultural area as the presented in the petition. boundary expansion includes those petition specifies; lands that, based on name identity and Name Evidence • Evidence relating to the natural features, could have been geographical features, such as climate, The original final rule establishing the included in the original viticultural area soils, elevation, and physical features, Livermore Valley viticultural area, petition. Also, the proposed expansion that distinguish the proposed Treasury Decision (T.D.) ATF–112, 47 boundaries maintain the historic and viticultural area from surrounding areas; FR 38520, September 1, 1982, details geographical integrity of viticulture • A description of the specific the derivation of the Livermore Valley within Livermore Valley. boundary of the proposed viticultural as a place name and summarizes strong Historical and current evidence area, based on features found on United evidence of the Livermore Valley’s local documents that what is known as the

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Livermore Valley includes the entire Distinguishing Features section of the valley. As seen from the valley basin and its encircling hills, The expanded Livermore Valley degree-day data above, they provide a rather than the relatively limited portion viticultural area would encompass land relatively uniform climate throughout of the valley floor encompassed in the with the same geographical features as the Livermore Valley basin. original petition. In ‘‘Early Days in the the current viticultural area. The Developed by Waldimir Koppen in Livermore-Amador Valley’’ by Merilyn uniformity of the distinguishing the early 20th century and based on Calhoun, published in 1973, the elements (climate, topography, and temperature, precipitation, and Livermore-Amador Valley is shown as soils) is detailed below. vegetation, the Koppen (or ‘‘Koeppen’’) reaching from Niles Canyon and climate classification system also offers Vallecitos in the south to Tassajara in Climate and Topography evidence of the uniform Livermore the north and from the hills west of As stated in T.D. ATF–112, which Valley climate. The ‘‘Koeppen Pleasanton to the Altamont Pass and the established the Livermore Valley Classification for California’’ map, eastern limits of Arroyo Seco to the east. viticultural area, the valley has a developed by the University of Idaho, Bulletin No. 118–2 from the California moderate coastal climate that results and the ‘‘Koppen Climate Chart’’ Department of Water Resources from its proximity to San Francisco Bay classify the Livermore Valley as ‘‘Csb’’ ‘‘Evaluation of Ground Water Resources: and the Pacific Ocean. That final rule (Mediterranean: mild with dry, warm Livermore and Sunol Valley’’ features also cited cool marine winds and summer). The region is differentiated maps on land use and mean annual morning fog as important factors in from the ‘‘Csa’’ (Mediterranean: mild precipitation. These two publications moderating temperatures during the with dry, hot summer) and ‘‘BSk’’ show that the Livermore Valley growing season and in keeping the (Midlatitude steppe, midlatitude dry) stretches from Niles Canyon in the area’s vineyards relatively frost free in classifications found to the east. south, beyond the Alameda County- early spring. Significantly, the boundary line Contra Costa County line to the north, The majority of vineyard acreage in between these climate classifications and from hills west of Pleasanton in the the Livermore Valley viticultural area, almost exactly duplicates the proposed west to the Altamont Pass and the hills as explained in T.D. ATF–112, is eastern boundary of the expanded east of Livermore in the east. ‘‘Valley classified as Region III (3,001–3,500 Livermore Valley viticultural area. With Profiles: A Photographic Essay on the degree days) under the University of the entire Livermore Valley basin Livermore Valley of California’’ by Hans California at Davis system of heat sharing the same climate, it is logical Benhard, published in 1977, includes a summation by degree days. A small that the entire basin should be included map of the Livermore Valley that portion of the area within the Livermore in the Livermore Valley viticultural encompasses virtually the same area as Valley is classified as Region II (2,501– area. that described in the other publications, 3,000 degree days). Each degree that a The Livermore Valley basin’s climate that is, south to beyond Sunol, north to day’s mean temperature is above 50 during the growing season represents a beyond Danville, west into the hills east degrees Fahrenheit, which is the transition zone between the very cool, of Pleasanton and Dublin, and east to minimum temperature required for temperate, marine-influenced climate Altamont Pass. grapevine growth, is counted as 1 degree directly west and adjacent to San The Livermore Valley Winegrowers day; see ‘‘General Viticulture,’’ Albert J. Francisco Bay and the hot, dry, Association, which states that it Winkler, University of California Press, diurnally (day versus night) represents the interests of the Livermore 1975. differentiated climate to the east of the Valley growers and vintners, likewise Cumulative climatic data from the upper San Joaquin Valley. A clear substantiates a broader definition for the National Weather Service shows an indicator of the unique character of the geographical region. The association’s average annual degree-day total of 3,425 Livermore Valley basin climate can be membership includes wineries and in the town of Livermore (elevation 486 seen by comparing the average growing vineyards located in Palomares Canyon feet), the heart of the current Livermore season degree-day totals at climate and Sunol along the western edge of the Valley viticultural area. The only stations within the region to those that proposed expansion. The association’s equivalent weather station in the are east and west of the proposed promotional brochure, ‘‘Livermore proposed expanded viticultural area is expansion of the existing Livermore Valley Wine Country,’’ features a map located at Mount Diablo Junction on the viticultural area at the same, or that shows this broader regional 2,100-foot elevation line, just south of approximately same, latitude. The definition. Wente Vineyards, one of the the proposed expanded northern average degree-day total within the original Livermore Valley viticultural boundary. Cumulative climatic data proposed expanded Livermore Valley area petitioners in the early 1980s, also from this weather station shows an viticultural area is fairly consistent— supports the expansion. average total for the growing season of 3,425 at Livermore and 3,359 at Diablo What is known as the Livermore 3,359 degree days, which is in the same Junction. In contrast, the total at the Valley is considerably larger than the Region III range as most of the current Upper San Leandro Filtration Plant, limited portion of the valley floor and Livermore Valley viticultural area. directly west of the proposed expansion southern hills included in the The cool marine winds and morning area, near San Francisco Bay, averages Livermore Valley viticultural area fog enter the Livermore Valley from San 2,461 degree days; the total at Tracy originally established in 1982. Natural Francisco Bay through gaps in the Carbona, directly east of the proposed topographic features, that is, mountain western hills of Alameda and Contra expansion area in the San Joaquin ranges and river drainages, primarily Costa Counties, specifically through Valley, averages 2,465 degree days. define the geography of the Livermore Niles Canyon and Hayward Pass (at the The Livermore Valley basin, bounded Valley. These natural topographic top of Dublin Canyon), as detailed in the by hills to the west and east, enjoys a features and their influences distinguish San Jose Astronomical Association climate distinct from the adjacent areas. the Livermore Valley and support material (http://ephemeris.sjaa.net/ The unique climate of the valley expansion of the viticultural area to 0107/b.html, search dated 10/01/01), supports expansion of the viticultural include the entire Livermore Valley and and through Crow Canyon. Such cooling area to its natural geographical its encircling hills. influences are not limited to a specific boundaries.

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Soils drained to excessively drained soils that basin experience the same unique Soils are a distinguishing feature that have low fertility, on moderately climate. supports the proposed expansion of the sloping to very steep slopes), the Topographic and soil evidence Livermore Valley viticultural area. The Altamont-Diablo association (well indicates the same geologic formations proposed expansion area encompasses a drained to excessively drained, clayey are in the two areas. Clearly, the geographical area significantly larger soils that have moderate or high proposed expansion area and the than the current Livermore Valley fertility, on rolling to steep slopes), and current viticultural area have viticultural area; for both areas, the the Vallecitos-Parris association (well experienced the same geological forces. underlying geologic formations and the drained to excessively drained, shallow Allowing for differences in soil names geological factors in soil formation are loam and gravelly loam on steep or very resulting from improvements in the the same. Thus, the soils in the steep slopes). classification of the soils, the same soils proposed expansion area are consistent The ‘‘Soil Survey of Alameda Area, are in both the proposed expansion area with those of the original viticultural California’’ and the ‘‘Soil Survey of and the existing viticultural area. Unlike area. Contra Costa County, California,’’ by the the climate, the soils in the proposed As shown on the Geologic Map of United States Department of expansion area are not unique to the California, the current Livermore Valley Agriculture, Soil Conservation Service, region. However, areas beyond the viticultural area and the proposed published in 1977, both record that the boundaries to the west and north—the expansion area developed on the same same soils were mapped in the only adjacent areas suited to grape geologic formations. Those formations proposed expansion area and in the growing—transition into soil include Pleistocene, alluvial, mostly current viticultural area. Although the associations unlike those in the current nonmarine terrace deposits on the basin Altamont-Diablo and Clearlake- viticultural area or the proposed floor; Pleistocene, Pliocene, Miocene, Sunnyvale associations in Alameda expansion area. and Cretaceous sandstone, shale, gravel, County and the Altamont-Diablo- The distinguishing features of the and conglomerate in the northern, Fontana and Clearlake-Cropley original Livermore Valley viticultural eastern, and western hills; and associations in Contra Costa County area, including the climate and soils, are Franciscan Complex fragmented and were mapped along the boundary of the present in the proposed expansion area sheared sandstone in the southern hills. two soil survey areas, the soils are and provide sufficient evidence to meet The geological forces that formed the virtually identical. The differences in the requirements of 27 CFR 9.3. topography and soils in the proposed soil names are the result of improvements in the classification of Notice of Proposed Rulemaking and expansion of the Livermore Valley Comments Received viticultural area are the same as those the soils, particularly modifications or that formed the topography and soils of refinements in soil series concepts. On May 19, 2005, TTB published a the original Livermore Valley Regarding vineyards, the soils in the notice of proposed rulemaking regarding viticultural area. Uplift and subsidence proposed expanded Livermore Valley the expansion of the Livermore Valley along several earthquake faults (among viticultural area are different from those viticultural area in the Federal Register them, the Calaveras and Pleasanton in surrounding areas to the north and (70 FR 28873) as Notice No. 43. In that faults to the west, the Greenwood fault east; they are on the only sites where notice, TTB requested comments by July to the east, and the Livermore and Tesla vineyards are suited in the immediate 18, 2005, from all interested persons. faults in the center of the valley) have vicinity because of steep terrain, TTB received one comment in response shaped the region’s topography. Erosion population density, and other limiting to the notice. The comment supported and weathering of base material on the factors. To the north and east of the the expansion of the Livermore Valley slopes and deposition of sediment proposed boundary, the soils transition viticultural area and noted geographical carried in runoff onto the valley floor into the Brentwood-Rincon-Zamora and climatic similarities of the existing have, over long periods of time, formed association (level, well drained clay and viticultural area and the proposed the soils of the region. silty clay loam on alluvial fans) and the expansion area. T.D. ATF–112 stated, ‘‘the main soil Marcuse-Solan-Pescadero association TTB Finding type is the Yolo-Pleasanton association (nearly level, poorly drained clay, loam, with the Livermore gravelly and very and clay loam on basin rims). Although After careful review of the petition gravelly series being prominent in the suited to vineyards, these soils differ and the submitted comment, TTB finds southern portion of the valley.’’ This from those in the current Livermore that the evidence submitted supports description represents a highly Valley viticultural area and the the expansion of the Livermore Valley simplified review of the soils within the proposed expansion area. viticultural area as requested in the original viticultural area boundaries. petition. Therefore, under the authority Evidence Summary According to the ‘‘Soil Survey of of the Federal Alcohol Administration Alameda Area, California’’ by the The entire Livermore Valley basin has Act and part 4 of our regulations, we United States Department of the same moderate coastal climate as amend our regulations to expand the Agriculture, Soil Conservation Service, that of the existing Livermore Valley boundary of the Livermore Valley published in 1966, the portion of the viticultural area and the same average viticultural area in Alameda and Contra Livermore Valley floor within the degree-day totals. Also, the climatic data Costa Counties, California, effective 30 current viticultural area also includes and supporting evidence show the days from the publication date of this the Positas-Perkins association (shallow Livermore Valley basin experiences the document. gravelly loam on terraces) and the Clear same cooling marine influences of wind Boundary Description Lake-Sunnyvale association (shallow and morning fog through the gaps in the clay in basins and on terraces). western hills of Alameda and Contra See the narrative boundary Soils on the slopes of the current Costa Counties as does the current description of the expanded Livermore viticultural area and recorded in the viticultural area. Hence, both the Valley viticultural area in the amended survey include the Millsholm-Los existing Livermore Valley viticultural regulatory text published at the end of Gatos-Los Osos association (well area and the broader Livermore Valley this document.

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Maps Authority: 27 U.S.C. 205. unnamed, 1,147-foot peak in section 28, The petitioner provided the required T2S, R3E; then Subpart C—Approved American (7) Continue south-southwest in a maps, and we list them in the regulatory Viticultural Areas text. straight line approximately 1.1 miles to I the intersection of the eastern boundary Impact on Current Wine Labels 2. Section 9.46 is amended by revising paragraphs (b) and (c) to read as follows: of section 32, T2S, R3E, with Interstate The expansion of the Livermore 580; then Valley viticultural area does not affect § 9.46 Livermore Valley. (8) Continue southeast in a straight currently approved wine labels. The * * * * * line approximately 2.7 miles to BM expansion may allow additional (b) Approved maps. The appropriate 1602 in Patterson Pass in section 10, vintners to use ‘‘Livermore Valley’’ as maps for determining the boundary of T3S, R3E; then an appellation of origin on their wine the Livermore Valley viticultural area (9) Continue south-southeast in a labels. Part 4 of the TTB regulations are 13 United States Geological Survey straight line approximately 2.8 miles to prohibits any label reference on a wine 1:24,000 scale topographic maps. They BM 1600, adjacent to Tesla Road in that indicates or implies an origin other are titled: section 26, T3S, R3E, on the Midway than the wine’s true place of origin. For (1) Clayton, CA (1953; Photorevised map; then a wine to be eligible to use as an 1980; Minor Revision 1994); (10) Continue south in a straight line appellation of origin the name of a (2) Diablo, Calif. (1953; Photorevised approximately 4.2 miles, passing onto viticultural area specified in part 9 of 1980); the Cedar Mtn. map, to BM 1878, 40 feet the TTB regulations, at least 85 percent (3) Tassajara, CA (1996); north of Mines Road, in section 14, T4S, of the grapes used to make the wine (4) Byron Hot Springs, Calif., (1953, R3E; then must have been grown within the area Photorevised 1968); (11) Proceed west-southwest in a represented by that name, and the wine (5) Altamont, Calif., (1953, straight line approximately 4.2 miles, must meet the other conditions listed in Photorevised 1981); passing onto the Mendenhall Springs 27 CFR 4.25(e)(3). Different rules apply (6) Midway, Calif., (1953, map, to the southeast corner of section if a wine has a brand name containing Photorevised 1980); 19, T4S, R3E; then a viticultural area name that was used (7) Cedar Mtn., CA, (1956, (12) Continue west along the southern as a brand name on a label approved Photorevised 1971, Minor Revision boundaries of section 19, T4S, R3E, and before July 7, 1986. See 27 CFR 1994); section 24, T4S, R2E, to the southwest 4.39(i)(2) for details. (8) Mendenhall Springs, CA (1996); corner of section 24; then (9) La Costa Valley, CA (1996); (13) Proceed north along the western Regulatory Flexibility Act (10) Niles, Calif., (1961, Photorevised boundary of section 24, T4S, R2E, to the We certify that this regulation will not 1980); southeast corner of section 14, T4S, (11) Dublin, Calif., (1961, have a significant economic impact on R2E; then Photorevised 1980); a substantial number of small entities. (14) Continue west along the southern (12) Hayward, CA (1993); and This regulation imposes no new (13) Las Trampas Ridge, CA (1995). boundary of section 14, T4S, R2E, to its reporting, recordkeeping, or other (c) Boundary. The Livermore Valley southwest corner and then proceed administrative requirement. Any benefit viticultural area is located in the State north along the western boundary of derived from the use of a viticultural of California in Contra Costa and section 14 to its intersection with the area name is the result of a proprietor’s Alameda Counties. The Livermore Hetch Hetchy Aqueduct, T4S, R2E; then efforts and consumer acceptance of Valley viticultural area’s boundary is (15) Follow the Hetch Hetchy wines from that area. Therefore, no defined as follows: Aqueduct west-southwest regulatory flexibility analysis is (1) The beginning point is on the approximately 4.2 miles to the required. Clayton map at the peak of Mount Aqueduct’s intersection with the R1E/ R2E range line on the La Costa Valley Executive Order 12866 Diablo (VABM 3849) where the Mount Diablo Base Line and Mount Diablo map, T4S; then This rule is not a significant Meridian Line intersect, T1S, R1E; (16) Continue southwest in a straight regulatory action as defined by (2) From the beginning point proceed line approximately 3.9 miles, crossing Executive Order 12866, 58 FR 51735. southeast in a straight line for Apperson, Welsh, and Alameda Creeks, Therefore, it requires no regulatory approximately 14 miles, crossing the to BM 533 in section 10, T5S, R1E; then assessment. Diablo and Tassajara maps, and pass (17) Proceed due west-northwest in a Drafting Information onto the Byron Hot Springs map to the straight line approximately 1.9 miles, summit of Brushy Peak (elevation 1,702 passing onto the Niles map, to the line’s N.A. Sutton of the Regulations and feet), T1S, R2E; then intersection with the eastern boundary Rulings Division drafted this notice. (3) Continue due south in a straight of section 5 and the Fremont Boundary List of Subjects in 27 CFR Part 9 line approximately 400 feet to the Line, T5S, R1E; then (18) Continue northwest in a straight Wine. northern boundary of section 13, T2S, R2E; then line approximately 1.1 miles to an The Regulatory Amendment (4) Proceed due east along the section unnamed, 1,291-foot peak in section 32, 13 and section 18 northern boundary T4S, R1E; then I For the reasons discussed in the lines to the northeast corner of section (19) Continue northwest in a straight preamble, we are amending title 27 CFR, 18, T2S, R3E; then line approximately 1.1 miles to an chapter 1, part 9, as follows: (5) Continue southeast in a straight unnamed, 1,058-foot peak in section 30, PART 9—AMERICAN VITICULTURAL line approximately 1.8 miles to BM 720 T4S, R1E; then AREAS in section 21, T2S, R3E, on the (20) Continue northwest in a straight Altamont map; then line approximately 3.8 miles, passing I 1. The authority citation for part 9 (6) Continue south-southeast in a through BM 161 in section 11, T4S, continues to read as follows: straight line approximately 1 mile to an R1W, until the line intersects Palomares

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Road, a medium duty road, in section PENSION BENEFIT GUARANTY adds to Appendix B to part 4022 the 11; then CORPORATION interest assumptions for the PBGC to (21) Follow Palomares Road in a use for its own lump-sum payments in 29 CFR Parts 4022 and 4044 northerly direction for approximately plans with valuation dates during July 0.7 miles to the road’s intersection with 2006, and (3) adds to Appendix C to Benefits Payable in Terminated Single- part 4022 the interest assumptions for the power transmission line shown in Employer Plans; Allocation of Assets private-sector pension practitioners to section 11, T4S, R1W; then in Single-Employer Plans; Interest refer to if they wish to use lump-sum (22) Proceed northwest along the Assumptions for Valuing and Paying interest rates determined using the power transmission line for Benefits PBGC’s historical methodology for approximately 6.4 miles, passing AGENCY: Pension Benefit Guaranty valuation dates during July 2006. through the Dublin map near Walpert Corporation. For valuation of benefits for allocation Ridge, onto the Hayward map to the ACTION: Final rule. purposes, the interest assumptions that point where the power transmission line the PBGC will use (set forth in turns nearly west, approximately 500 SUMMARY: The Pension Benefit Guaranty Appendix B to part 4044) will be 6.30 feet south of an unnamed, 891-foot, Corporation’s regulations on Benefits percent for the first 20 years following peak, T3S, R2W; then Payable in Terminated Single-Employer the valuation date and 4.75 percent Plans and Allocation of Assets in (23) Continue north-northwest in a thereafter. These interest assumptions Single-Employer Plans prescribe interest represent an increase (from those in straight line approximately 1.4 miles to assumptions for valuing and paying effect for June 2006) of 0.10 percent for an unnamed, 840-foot peak, T3S, R2W; benefits under terminating single- the first 20 years following the valuation then employer plans. This final rule amends date and are otherwise unchanged. (24) Proceed north-northeast in a the regulations to adopt interest These interest assumptions reflect the straight line approximately 3.4 miles, assumptions for plans with valuation PBGC’s recently updated mortality returning to the Dublin map, to the dates in July 2006. Interest assumptions assumptions, which are effective for point where the Contra Costa County- are also published on the PBGC’s Web terminations on or after January 1, 2006. Alameda County line turns to the site (http://www.pbgc.gov). See the PBGC’s final rule published northwest, about 0.4 mile west of DATES: Effective July 1, 2006. December 2, 2005 (70 FR 72205), which Wiedemann Hill (elevation 1,854 feet), FOR FURTHER INFORMATION CONTACT: is available at http://www.pbgc.gov/ section 20, T2S, R1W; then Catherine B. Klion, Attorney, Legislative docs/05–23554.pdf. Because the updated mortality assumptions reflect (25) Proceed in a northwesterly and Regulatory Department, Pension improvements in mortality, these direction along the meandering Contra Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, interest assumptions are higher than Costa County-Alameda County line for they would have been using the old approximately 6.0 miles, passing briefly 202–326–4024. (TTY/TDD users may call the Federal relay service toll-free at mortality assumptions. onto the Hayward, Las Trampas Ridge, 1–800–877–8339 and ask to be The interest assumptions that the and Diablo maps, before returning to the connected to 202–326–4024.) PBGC will use for its own lump-sum Las Trampas Ridge map and continuing SUPPLEMENTARY INFORMATION: The payments (set forth in Appendix B to to the point where the Contra Costa PBGC’s regulations prescribe actuarial part 4022) will be 3.50 percent for the County-Alameda County line turns to assumptions—including interest period during which a benefit is in pay the west-northwest, section 35, T1S, assumptions—for valuing and paying status and 4.00 percent during any years R2W; then plan benefits of terminating single- preceding the benefit’s placement in pay (26) Continue north-northwest in a employer plans covered by title IV of status. These interest assumptions straight line approximately 2.7 miles to the Employee Retirement Income represent an increase (from those in the summit of Las Trampas Peak Security Act of 1974. The interest effect for June 2006) of 0.25 percent for (elevation 1,827 feet) in section 22, T1S, assumptions are intended to reflect the period during which a benefit is in R2W; then current conditions in the financial and pay status and are otherwise unchanged. For private-sector payments, the (27) Proceed east-northeast in a annuity markets. Three sets of interest assumptions are interest assumptions (set forth in straight line approximately 8.8 miles, prescribed: (1) A set for the valuation of Appendix C to part 4022) will be the passing through the Diablo map, and benefits for allocation purposes under same as those used by the PBGC for return to the beginning point. section 4044 (found in Appendix B to determining and paying lump sums (set Dated: April 25, 2006. part 4044), (2) a set for the PBGC to use forth in Appendix B to part 4022). John J. Manfreda, to determine whether a benefit is The PBGC has determined that notice Administrator. payable as a lump sum and to determine and public comment on this amendment lump-sum amounts to be paid by the are impracticable and contrary to the Approved: May 25, 2006. PBGC (found in Appendix B to part public interest. This finding is based on Timothy E. Skud, 4022), and (3) a set for private-sector the need to determine and issue new Deputy Assistant Secretary (Tax, Trade, and pension practitioners to refer to if they interest assumptions promptly so that Tariff Policy). wish to use lump-sum interest rates the assumptions can reflect current [FR Doc. E6–9366 Filed 6–14–06; 8:45 am] determined using the PBGC’s historical market conditions as accurately as BILLING CODE 4810–31–P methodology (found in Appendix C to possible. part 4022). Because of the need to provide This amendment (1) adds to immediate guidance for the valuation Appendix B to part 4044 the interest and payment of benefits in plans with assumptions for valuing benefits for valuation dates during July 2006, the allocation purposes in plans with PBGC finds that good cause exists for valuation dates during July 2006, (2) making the assumptions set forth in this

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amendment effective less than 30 days List of Subjects PART 4022—BENEFITS PAYABLE IN after publication. TERMINATED SINGLE-EMPLOYER 29 CFR Part 4022 The PBGC has determined that this PLANS action is not a ‘‘significant regulatory Employee benefit plans, Pension I 1. The authority citation for part 4022 action’’ under the criteria set forth in insurance, Pensions, Reporting and continues to read as follows: Executive Order 12866. recordkeeping requirements. Authority: 29 U.S.C. 1302, 1322, 1322b, Because no general notice of proposed 29 CFR Part 4044 1341(c)(3)(D), and 1344. rulemaking is required for this I amendment, the Regulatory Flexibility Employee benefit plans, Pension 2. In appendix B to part 4022, Rate Set Act of 1980 does not apply. See 5 U.S.C. insurance, Pensions. 153, as set forth below, is added to the table. 601(2). I In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended Appendix B to Part 4022—Lump Sum as follows: Interest Rates For PBGC Payments * * * * *

For plans with a valuation Immediate Deferred annuities Rate set date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2

******* 153 7–1–06 8–1–06 3.50 4.00 4.00 4.00 7 8

I 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 153, as set forth below, is added to the Interest Rates For Private-Sector table. Payments * * * * *

For plans with a valuation Immediate Deferred annuities Rate set date annuity rate (percent) (percent) On or after Before i1 i2 i3 n1 n2

******* 153 7–1–06 8–1–06 3.50 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used to Value Benefits PLANS I 5. In appendix B to part 4044, a new * * * * * I 4. The authority citation for part 4044 entry for July 2006, as set forth below, continues to read as follows: is added to the table.

the values of it are: For valuation dates occurring in the month— it for t = it for t = it for t =

******* July 2006 ...... 0630 1–20 .0475 >20 N/A N/A

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Issued in Washington, DC, on this 8th day Magnuson-Stevens Fishery be implemented via appropriate of June 2006. Conservation and Management Act rulemaking. Vincent K. Snowbarger, (Magnuson-Stevens Act) by regulations Comment 2: Two commenters Acting Executive Director, Pension Benefit at 50 CFR part 622. opposed prohibiting for-hire captain Guaranty Corporation. In accordance with the FMP’s and crew from retaining bag limits of [FR Doc. E6–9345 Filed 6–14–06; 8:45 am] framework procedure, the Council grouper while under charter. Two BILLING CODE 7709–01–P recommended and NMFS published a commenters were in favor of prohibiting proposed rule to implement the for-hire captain and crew from retaining regulatory amendment and requested bag limits of grouper. DEPARTMENT OF COMMERCE public comment on the proposed rule Response: With a reduction in the red through May 1, 2006 (71 FR 16275, grouper bag limit to one fish per person National Oceanic and Atmospheric March 31, 2006). In addition to the per day, there is a greater incentive for Administration measures contained in this final rule, captain and crew on for-hire vessels to the proposed rule included a February retain fish and supplement the landings 50 CFR Part 622 15 to March 15 recreational closure for of their clients, negating some of the red grouper, gag, and black grouper. benefit of the lower red grouper bag [Docket No. 060322083–6147–02; I.D. limit. Although past regulations allowed 032006C] NMFS expects a new stock assessment for gag to be completed in July 2006 that captains and crew to socially and RIN 0648–AU04 might contain new information economically benefit from the enjoyment of fishing and supplying Fisheries of the Caribbean, Gulf of pertinent to evaluating the need for the seasonal closure. Also, the Florida Fish their families with fresh fish, continuing Mexico, and South Atlantic; Gulf of to allow captain and crew to retain bag Mexico Recreational Grouper Fishery and Wildlife Conservation Commission expressed concerns about limits reduces the effectiveness of the Management Measures red grouper bag limit. Implementing this implementation of the seasonal closure. measure increases the likelihood that AGENCY: National Marine Fisheries Therefore, NMFS is implementing the red grouper landings reduction targets bag limit and captain and crew Service (NMFS), National Oceanic and are reached, as specified in the provisions in this final rule but will Atmospheric Administration (NOAA), rebuilding plan for red grouper. Not defer possible implementation of the Commerce. implementing this measure may result seasonal closure until the new gag ACTION: Final rule. in more severe management reductions assessment is completed. If the seasonal with accompanying increased adverse SUMMARY: NMFS issues this final rule to closure is warranted based on the economic impacts to captains and crew. implement the bag limit provisions of a results of the gag stock assessment, Additionally, prohibiting for-hire regulatory amendment to the Fishery another final rule will be published for captains and crew from retaining bag Management Plan for the Reef Fish that action. The seasonal closure limits of grouper while under charter is Resources of the Gulf of Mexico (FMP) provision has been removed from this considered equitable because prepared by the Gulf of Mexico Fishery final rule. The rationale for the commercial fishermen would be Management Council (Council). This measures in the regulatory amendment prohibited from retaining bag limits of final rule will establish a recreational is provided in the preamble to the reef fish while commercially fishing if bag limit for Gulf red grouper of one fish proposed rule and is not repeated here. Amendment 18A to the FMP is per person per day and prohibit the A summary of the public comments implemented. captain and crew of a vessel operating received by NMFS on the proposed rule Comment 3: Two commenters were in as a charter vessel or headboat from and NMFS’ responses are provided favor of reducing the bag limit from two retaining any Gulf grouper, i.e., below. to one red grouper per person per day. establish a zero bag limit for captain and Comments and Responses Response: The reduction in red crew. The intended effect of this final grouper bag limit is part of management rule is to help maintain recreational NMFS received a total of 8 different measures to return recreational red landings at levels consistent with the comments from 12 commenters. grouper landings to levels specified in red grouper rebuilding plan. Following is a summary of the the rebuilding plan. Reducing the red DATES: This final rule is effective July comments received on the proposed grouper bag limit to one is estimated to 17, 2006. rule and NMFS’ responses. reduce landings of red grouper by 29.7 ADDRESSES: Copies of the Final Comment 1: Eight commenters percent. Regulatory Flexibility Analysis (FRFA), opposed the February 15 to March 15 Comment 4: One commenter are available from Andy Strelcheck, recreational seasonal closure and suggested creating a closed season of NMFS, Southeast Regional Office, 263 believed the closure period would September 15 to October 15 instead of 13th Avenue South, St. Petersburg, FL severely impact the livelihood of charter February 15 to March 15. 33701; telephone 727–824–5305; fax boat captains, crew, and their families. Response: The seasonal closure was 727–824–5308; e-mail Response: NMFS expects a new stock proposed for February 15 to March 15 [email protected]. assessment for gag to be completed in because the commercial seasonal July 2006 that might contain new closure occurs at this time and includes FOR FURTHER INFORMATION CONTACT: information pertinent to evaluating the important spawning seasons for red, Andy Strelcheck, telephone 727–824– need for the seasonal closure for red black, and gag grouper. The Council also 5305; fax 727–824–5308; e-mail grouper, gag, and black grouper. considered seasonal closures during [email protected]. Therefore, NMFS intends to defer April-May and August and was SUPPLEMENTARY INFORMATION: The reef possible implementation of the seasonal presented with analyses for seasonal fish fishery of the Gulf of Mexico is closure until the new gag assessment is closures in September and October. A managed under the FMP. The FMP was completed. If the seasonal closure is September 15 to October 15 seasonal prepared by the Council and is warranted based on the results of the closure would result in similar, implemented under the authority of the gag stock assessment, the closure may although slightly greater, reductions in

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harvest than the preferred February 15 Act provides the statutory basis for this fishery sector as a firm that is to March 15 seasonal closure. However, final rule. independently owned and operated, is a closure during fall would not provide The proposed rule contained a not dominant in its field of operation, the added benefits of protecting red, gag, February 15 to March 15 recreational and has annual receipts up to $6.5 and black grouper during spawning or seasonal closure for red grouper, gag, million. Given the economic profile of closing the recreational fishery at the and black grouper. In response to public the for-hire fleet presented above, NMFS same time as the commercial fishery. comment and to allow for evaluation of determined that all for-hire fishing NMFS intends to defer possible the results of a new stock assessment for entities that could be affected by this implementation of the recreational gag expected to be completed in July final rule are small business entities. seasonal closure until the new gag 2006, consideration of implementation Because all of these entities could be assessment is completed in summer of the seasonal closure will be deferred affected, NMFS determined that the 2006. until the new assessment is completed. final rule will affect a substantial Comment 5: Three commenters each No duplicative, overlapping, or number of small entities. suggested one of the following topics: conflicting Federal rules have been The determination of ‘‘significant (1) Better enforcement of charter boats identified. economic impact’’ can be ascertained by that fish in Federal waters without A moratorium on the issuance of new examining two issues: permits; (2) purchase of all charter boat charter vessel/headboat (for-hire) disproportionality and profitability. The businesses by the government to relieve permits for reef fish has been in effect disproportionality question is whether the economic strain of regulations on since June 16, 2003, and, currently, the regulations place a substantial approximately 1,625 unique vessels are fishermen; and (3) prevention of number of small entities at a significant permitted to operate in this fishery. The supposed toxic material dumping by competitive disadvantage to large for-hire fishery is comprised of charter phosphate plants as a measure to entities. All for-hire entities affected by vessels, which charge fees on a per- prevent fish mortality. the rule are considered small entities, so vessel basis, and headboats, which Response: The regulatory amendment the issue of disproportionality does not charge fees on an individual angler arise in the present case. The only considered reducing the bag limit basis. The average charter vessel is from two to one red grouper per person profitability question is whether the estimated to generate $76,960 in annual regulations significantly reduce profit per day, prohibiting for-hire captain and revenue and $36,758 in annual ‘‘profit’’ crew from retaining bag limits of for a substantial number of small (computed as gross revenue minus entities. For-hire operations, specifically grouper while under charter, and costs; costs exclude depreciation, fixed charter boats, will bear the primary creating a seasonal closure from costs, and returns to owner/operators). burden of the rule, although spill-over February 15 to March 15. The regulatory The comparable figures for an average impacts are expected in associated amendment did not consider the topics headboat are $404,172 in annual gross industries such as hotels, marinas, and listed in the above comment because revenue and $338,209 in annual profits. bait and tackle shops. For-hire other measures were considered to be Some vessels in the for-hire fleet also operations may experience a reduction more appropriate. Therefore, this participate in the commercial fisheries. in bookings, resulting in reduced comment is beyond the scope of the However, information on the average receipts from for-hire fees, tips, gear regulatory amendment and this rule. revenues generated from operation as a rental, food or beverages, and fish- Classification commercial vessel and the impacts of cleaning. No trip cancellations were these revenues on the overall economic projected due to the reduced red The Administrator, Southeast Region, performance of the business operation grouper bag limit because most grouper NMFS, determined the regulatory are unknown. trips have not historically landed either amendment is necessary for the Although the rule will not directly the former red grouper or aggregate conservation and management of the affect support industries, potential grouper daily bag limit. Approximately Gulf reef fish fishery and is consistent reductions in fishing effort and 13,000 trips per year, on average, are with the Magnuson-Stevens Act and associated expenditures may have expected to be affected by the reduced other applicable laws. indirect impacts on hotels, restaurants, red grouper bag limit. Although few of This final rule has been determined to gear and bait shops, and other these trips are expected to be cancelled be not significant for purposes of associated businesses. It is not possible due to the reduced bag limit, they Executive Order 12866. to enumerate or characterize these represent approximately $1.57 million A FRFA was prepared. The FRFA businesses. in for-hire fees (approximately $1,000 incorporates the initial regulatory The rule will not change current per vessel), or approximately 1 percent flexibility analysis (IRFA), a summary of reporting, recordkeeping and other of average gross revenues and 3 percent the significant issues raised by public compliance requirements under the of average net revenues per vessel. No comments in response to the IRFA, and FMP. These requirements include financial impacts would accrue to trips NMFS responses to those comments, permit qualification criteria and that are not cancelled as a result of the and a summary of the analyses participation in data collection reduced bag limit. The impact of the completed to support the action. A programs if selected by NMFS. All of rule on associated industries cannot be summary of the analyses follows. the information elements required for determined. This rule will reduce the daily these processes are standard elements Six alternatives, including the status recreational red grouper bag limit and essential to the successful operation of quo, were considered to the proposed eliminate the captain and crew daily a fishing business and should, therefore, red grouper bag limit and seasonal grouper bag limit. The purpose for this already be collected and maintained as closure. The status quo would have regulatory amendment is to implement standard operating practice by the allowed continued landing overages in management measures for the Gulf of business. The requirements do not the recreational sector and would, Mexico grouper fishery that will restrict require professional skills, and, therefore, not meet the Council’s recreational red grouper landings to therefore, are deemed not to be onerous. objectives because continued overages levels specified in the red grouper The Small Business Administration would not allow the fishery to meet rebuilding plan. The Magnuson-Stevens defines a small business in the for-hire rebuilding goals. Additionally, for the

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reasons stated above, the rule does not The sixth alternative would have List of Subjects in 50 CFR Part 622 include the proposed seasonal closure. reduced the red grouper bag limit Fisheries, Fishing, Puerto Rico, The second alternative would have within the aggregate limit to one per Reporting and recordkeeping reduced the red grouper daily bag limit person per day and increased the requirements, Virgin Islands. to one fish per angler or three fish per minimum recreational size limit to 21 vessel, whichever is less. This inches (53.3 cm). Similar to an increase Dated: June 8, 2006, alternative is more restrictive than the of the minimum size limit to 22 inches James W. Balsiger, bag limit in the final rule and, therefore, (55.9 cm), excessive bycatch mortality Acting Deputy Assistant Administrator for would result in greater adverse was expected to accrue to this Regulatory Programs, National Marine economic impacts due to greater loss of alternative. Fisheries Service. consumer surplus and greater likelihood The final alternative to the red I For the reasons set out in the of trip cancellation. grouper bag limit would have reduced preamble, 50 CFR part 622 is amended The third alternative would have the red grouper bag limit within the as follows: increased the red grouper recreational aggregate grouper limit to one fish per minimum size limit to 22 inches (55.9 angler or three fish per vessel per day, PART 622—FISHERIES OF THE cm). An increase in the minimum size whichever is less, except for reef fish- CARIBBEAN, GULF, AND SOUTH limit, however, would be expected to permitted for-hire vessels with a U.S. ATLANTIC increase bycatch and discard mortality, Coast Guard Certificate of Inspection. I 1. The authority citation for part 622 which is inconsistent with the Council’s For these vessels, the resultant vessel continues to read as follows: objective of minimizing bycatch and limit would be one red grouper per two discard mortality. Thus, this alternative paying passengers. This alternative is Authority: 16 U.S.C. 1801 et seq. would not meet the Council’s objectives. more restrictive than the rule and would I 2. In § 622.39, the suspensions of The fourth alternative would have result in greater adverse economic paragraphs (b)(1)(ii) and (b)(1)(v) are reduced the red grouper recreational bag impacts than the rule. lifted; paragraphs (b)(1)(viii) and limit within the aggregate grouper limit One alternative, the status quo, was (b)(1)(ix) are removed; and paragraph to one per person per day and closed the considered for the 0–fish captain and (b)(1)(ii) is revised to read as follows: season for all grouper during August. crew grouper bag limit. The status quo, § 622.39 Bag and possession limits. This alternative would have resulted in which would allow captain and crew a greater reductions in consumer surplus bag limit equal to that of the recreational * * * * * and potential foregone expenditures, angler, in combination with the other (b) * * * therefore increasing the adverse actions, would not achieve the (1) * * * economic impacts relative to the final necessary red grouper harvest (ii) Groupers, combined, excluding rule. reductions and would not, therefore, goliath grouper and Nassau grouper -5 The fifth alternative would have meet the Council’s objectives. The 0– per person per day, but not to exceed 1 reduced the red grouper recreational bag fish captain and crew bag limit speckled hind or 1 warsaw grouper per limit within the aggregate limit to one constrains the potential harvest capacity vessel per day or 1 red grouper per per person per day and closed the aboard for-hire vessels, limits allowable person per day. However, no grouper season for all grouper during April bag limits to paying clients who are may be retained by the captain or crew through May. This alternative would fishing recreationally, and contributes of a vessel operating as a charter vessel also have resulted in greater reductions additional reduction in fishing or headboat—their bag limit is zero. in consumer surplus and potential mortality. * * * * * foregone expenditures than the final Copies of the FRFA are available from [FR Doc. E6–9312 Filed 6–14–06; 8:45 am] rule. NMFS (see ADDRESSES). BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 71, No. 115

Thursday, June 15, 2006

This section of the FEDERAL REGISTER actions would update the disease status Unit 38, Riverdale, MD 20737–1231; contains notices to the public of the proposed of Namibia with regard to FMD and (301) 734–0756. issuance of rules and regulations. The rinderpest while continuing to protect SUPPLEMENTARY INFORMATION: purpose of these notices is to give interested the United States from an introduction persons an opportunity to participate in the of those diseases by providing Background rule making prior to the adoption of the final rules. additional requirements for any meat The regulations in 9 CFR part 94 and meat products imported into the (referred to below as the regulations) United States from Namibia. govern the importation of certain DEPARTMENT OF AGRICULTURE DATES: We will consider all comments animals and animal products into the that we receive on or before August 14, United States in order to prevent the Animal and Plant Health Inspection 2006. introduction of various diseases, Service including rinderpest, foot-and-mouth ADDRESSES: You may submit comments disease (FMD), African swine fever, by either of the following methods: 9 CFR Part 94 classical swine fever, and swine • Federal eRulemaking Portal: Go to vesicular disease. These are dangerous http://www.regulations.gov and, in the [Docket No. APHIS–2006–0037] and destructive communicable diseases lower ‘‘Search Regulations and Federal of ruminants and swine. Section 94.1 of Change in Disease Status of Namibia Actions’’ box, select ‘‘Animal and Plant the regulations lists regions of the world With Regard to Foot-and-Mouth Health Inspection Service’’ from the that are declared free of rinderpest or Disease and Rinderpest agency drop-down menu, then click on free of both rinderpest and FMD. ‘‘Submit.’’ In the Docket ID column, AGENCY: Animal and Plant Health Rinderpest or FMD exists in all other select APHIS–2006–0037 to submit or Inspection Service, USDA. parts of the world not listed. Section view public comments and to view 94.11 of the regulations lists regions of ACTION: Proposed rule. supporting and related materials the world that have been determined to available electronically. Information on SUMMARY: We are proposing to amend be free of rinderpest and FMD, but that using Regulations.gov, including the regulations to add Namibia, except are subject to certain restrictions instructions for accessing documents, the portion of the country north of the because of their proximity to or trading submitting comments, and viewing the Veterinary Cordon Fence (VCF), to the relationships with rinderpest- or FMD- docket after the close of the comment list of regions that are considered free of affected regions. foot-and-mouth disease (FMD), and to period, is available through the site’s In February 2001, the Animal and ‘‘User Tips’’ link. add the entire country to the list of • Plant Health Inspection Service (APHIS) regions that are considered free of Postal Mail/Commercial Delivery: received a request from Namibia’s rinderpest. We are taking this action Please send four copies of your Government to recognize Namibia as because we have determined that the comment (an original and three copies) free from rinderpest. Because rinderpest region in Namibia south of the VCF is to Docket No. APHIS–2006–0037, has not been diagnosed in Namibia now free of FMD and the entire country Regulatory Analysis and Development, since 1907, we are proposing to is free of rinderpest. We are also PPD, APHIS, Station 3A–03.8, 4700 recognize the entire country of Namibia proposing to add Namibia, except the River Road Unit 118, Riverdale, MD as free of rinderpest. region north of the VCF, to the list of 20737–1238. Please state that your The Namibian Government also FMD- and rinderpest-free regions that comment refers to Docket No. APHIS– requested that APHIS recognize the are subject to certain import restrictions 2006–0037. region of Namibia south of the on meat and other animal products Reading Room: You may read any Veterinary Cordon Fence (VCF), which because of their proximity to or trading comments that we receive on this is described in more detail in the relationships with rinderpest- or FMD- docket in our reading room. The reading ‘‘Degree of Separation from Adjacent affected regions. This proposed action room is located in room 1141 of the Regions,’’ as free of FMD. The would relieve certain restrictions due to USDA South Building, 14th Street and regulations define the term region, in FMD and rinderpest on the importation Independence Avenue, SW., part, as ‘‘any defined geographic land into the United States of certain live Washington, DC. Normal reading room area identifiable by geological, political, animals and animal products from all hours are 8 a.m. to 4:30 p.m., Monday or surveyed boundaries.’’ Namibian regions of Namibia except the region through Friday, except holidays. To be veterinary officials define four zones for north of the VCF. However, because we sure someone is there to help you, purposes of FMD control in Namibia: consider Namibia to be affected with please call (202) 690–2817 before Infected, buffer, surveillance, and free. African swine fever, classical swine coming. The infected zone is north of the VCF fever, and swine vesicular disease, the Other Information: Additional and includes eastern and western importation of live swine and pork and information about APHIS and its Caprivi, where FMD outbreaks have pork products would continue to be programs is available on the Internet at occurred and free-roaming wild buffalo restricted. In addition, because we http://www.aphis.usda.gov. are present. FMD vaccinations are consider Namibia to be affected with FOR FURTHER INFORMATION CONTACT: Dr. conducted in this zone. The buffer zone, other animal diseases that are exotic to Javier Vargas, Animal Scientist, which abuts high-risk areas in the United States, the importation of Regionalization Evaluation Services neighboring countries, is also located live ruminants and germplasm would Staff, National Center for Import and north of the VCF. This area is also continue to be restricted. These Export, VS, APHIS, 4700 River Road, considered affected with contagious

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bovine pleuropneumonia (CBPP) and and State veterinary offices throughout included the State veterinarian’s office does not have as stringent animal Namibia, both of which are described and a quarantine facility used for small movement controls as the FMD-free below. animals, such as dogs, birds, and cats. area. FMD vaccinations are conducted DVS headquarters is located in For each animal product entering in certain areas of this zone. The Windhoek, where DVS officials develop Namibia, the State veterinarian keeps surveillance zone borders the VCF in all polices, laws, and regulations records of a description of the product, the FMD-free area and is at least two relating to animal health issues. The as well as the product’s date of entry, farms wide. FMD vaccination does not relationship between DVS headquarters permit number, origin, and quantity. occur in this area so that the animals and the State offices is close and The office is also responsible for can serve as sentinels. Finally, the free information is shared regularly. The performing field duties, such as annual zone consists of the commercial farming State offices are formally audited to farm inspections and inspections of cold area and communal areas south of the review the offices’ performance on storage facilities. The State veterinarians surveillance zone. trade-related issues, such as traceability, can hold a shipment until paperwork In response to the Namibian bovine spongiform encephalopathy can be completed, but do not open Government’s request, and based on our (BSE) surveillance, and monitoring farm sealed containers until all documents review of supporting documentation feeds for ruminant protein. During the are present. accompanying the request and site visit, APHIS staff found the State The State office receives faxes from information obtained during a site visit, office they visited to be structured, the central office to alert the State we are proposing to recognize the entire effective, and organized. veterinarian of any arriving shipments country of Namibia as rinderpest-free DVS animal health officials that will need inspection. During an and all of Namibia except the region participate in training activities on a inspection, the State veterinarian checks north of the VCF as free of FMD. regular basis, including teaching the expiration and product dates, the Finally, we are also proposing to add community members how to recognize endorsement of the permit, and the Namibia, except the region north of the disease symptoms. The central office physical appearance of the shipment. VCF, to the list of regions that are sets criteria for FMD-free countries and Satisfactory shipments are released to subject to certain import restrictions on assigns disease status to countries. the owner, while unsatisfactory meat and other animal products because Permits are issued according to a shipments must either be destroyed or of their proximity to or trading country’s disease status and, if a disease returned to the country of origin. If the relationships with rinderpest-or FMD- outbreak occurs in a previously free product is destroyed, the State affected regions. country, DVS cancels the permits for veterinarian, municipal police, Port affected articles from that country and Control, and Customs are involved. Risk Analysis alerts State veterinarians at the ports of Although no beef or lamb has been Based on the information submitted to arrival that those permits have been confiscated, a shipment of chicken was us by the Government of Namibia, as canceled. destroyed by being mixed with sand and well as information gathered during a Support for DVS in Namibian farming buried in a 5 meter hole at the site visit by APHIS staff to Namibia in and producer groups and local municipal dump. At the port visited by June 2003, we have reviewed and communities is strong. This support is the APHIS team, the harbor is analyzed the animal health status of demonstrated by high involvement in completely fenced off and guards man Namibia relative to FMD. Our review programs such as participation and the port gate. If a shipment does not and analysis were conducted in light of enforcement of vaccination schedules have stamped release papers, the guards the factors identified in 9 CFR 92.2, and community participation in will stop the shipment so that it cannot ‘‘Application for recognition of the education, outreach, and meetings. DVS leave the harbor. animal health status of a region,’’ which works with various farming DVS also supplements its workforce are used to determine the level of risk organizations in Namibia, such as the through Community Animal Health associated with importing animals or National Agricultural Union, which Workers (CAHWs) who work in the animal products into the United States consists mainly of commercial farmers, communal areas to assist DVS’ disease from a given region. Based on the and the Namibia National Farmers’ surveillance and to provide a more information submitted to us and Union, which is comprised of mostly comprehensive and accurate animal gathered during the June 2003 site visit, communal farmers. DVS also works disease treatment, surveillance, and we have concluded the following: with the Namibian Meat Board, which reporting system. Although the CAHWs is an industry group focusing on are not government employees or Veterinary Infrastructure developing and improving livestock certified, they receive government The authority for veterinary product markets. The Meat Board training in animal husbandry, handling, infrastructure and control in Namibia administers the Farm Assured Namibian animal diseases, and health rests with the Directorate of Veterinary Meat Scheme, a quality assurance maintenance and are members of the Services (DVS) in the Ministry of program for meat, and operates the community in which they work. The Agriculture, Water, and Rural Brand Registry, which contains the CAHWs then can establish private Development. This authority is derived registration of every meat producer’s businesses that provide very basic from several laws, including the brand mark. Finally, DVS partners with veterinary care along with a limited Undesirable Residue in Meat Act, the the Namibian police force to ensure that veterinary pharmacy. Stock Brands Act, the Government all vehicles entering the proposed free One concern about DVS raised during Notice on the Prohibition of Certain zone through VCF checkpoints are the site visit was the mandatory or Farm Feeds, and the Animal Disease inspected and that emergency voluntary retirement for several senior and Parasites Act, No. 13, of 1956; this roadblocks can be put into place if DVS officials in the upcoming year with last act is the primary source of necessary. no apparent plans for overlapping by authority for Namibia’s animal health, The site visit team visited the Walvis replacements. This process could create disease control, and animal movement Bay Veterinary Services Office, a State a loss of institutional memory and result control activities. The overall structure veterinary office located at a port on the in a weakening or failure of the current of DVS includes a central headquarters central coast of Namibia. The premises disease control system, which requires

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consistent application and reassessment Veterinarian, who will assist the Deputy exams for each animal. However, to prevent FMD from entering Namibia. with administrative issues, a veterinary inspectors will individually check sick In addition, highly trained personnel are specialist in epidemiology, and two or injured animals and will take lick spread very thin over a wide range of additional veterinarians. One of these and feed samples from the animals. duties and qualified recruits are lacking veterinarians will be responsible for the For each premises, inspectors due to either a lack of funding or livestock identification and tracing complete a farm visit form that includes training. DVS acknowledged these system. There will also be a veterinarian animal health information such as issues during the site visit and stated in charge of import/export control, a vaccinations used, parasite treatment, that field personnel are being moved to chief veterinary technician, and mortality, diseases in stock and game, headquarters to receive training and additional technicians. There will also lick supplement status, and farm name, become familiar with operations at the be 20 posts for veterinary officials who number, and district. The inspection headquarters level. In addition, DVS will be stationed at the main entry team did note that brand marks were not advertised posts to fill vacancies prior to points. These posts have been approved included on the form; DVS stated the the officials’ departure to ensure a and DVS hopes to fill them soon. The next reprint of forms will include a smooth transition. Also, DVS stated that veterinary port officials will oversee space for this information. Until that the restructuring was designed to compliance with import requirements time, animal health technicians have to strengthen surveillance, reporting, and and notification of arrival of animals check for brand marks as part of the case follow-up. and animal products. inspection protocol. If animals on a farm However, in July 2004, Namibia’s The results of our evaluation indicate are not properly branded in accordance Cabinet approved a new structure for that animal health officials in Namibia with the Stock Brands Act, the farm is DVS, which is designed to strengthen have the legal authority to enforce closed. DVS also visits premises for the central competent authority and Federal and State regulations pertaining reasons other than the scheduled allow for closer supervision and to FMD and the necessary veterinary inspections. For example, because there decentralization of services. The infrastructure to carry out FMD are so few private veterinarians in most Directorate remains under the surveillance and control activities. areas of Namibia, DVS frequently supervision of a Chief Veterinary Officer responds to any disease or sickness Disease History and Surveillance and consists of four divisions: Animal reports for livestock. Disease Control (Animal Health); The last outbreak of FMD in the As for wild game, no FMD serological Veterinary Public Health; Epidemiology, surveillance and free zones (i.e., the surveys have been conducted in the free Import/Export and Training; and region under consideration for FMD-free zone. However, in 1996, DVS conducted Diagnostic Services and Research. Each status) was in 1965. In the buffer zone, serological surveys of sable antelopes of these divisions will be headed by a the last FMD outbreak occurred in 1992. and free-roaming buffalo in the buffer Deputy Chief Veterinary Officer who However, in the infected zone, an FMD zone. The herd of buffalo tested negative oversees a variety of supporting staff. outbreak occurred on August 18, 2002. for antibodies to SAT 1, SAT 2, and Recruitment to fill positions has begun In this outbreak, six cattle were found SAT 3 both in 1996 and when retested and progress in filling positions had to have FMD lesions that were South in 2002. Any captured wild game are been made as of January 2006. The effort African type (SAT) positive. DVS certified clinically free of disease before to fill all positions is ongoing. controlled the outbreak through movement. The Department of Natural Under the new restructuring, Namibia movement control and vaccination, Resources within the Ministry of is divided into four regions: South, vaccinating all animals in the Environment and Tourism is the North-east, North-west, and Central. immediate vicinity of the outbreak twice responsible body for managing game With regard to Animal Health, each of and all animals in the remainder of the capture and movement. The site visit the four regions will have a Chief infected zone once. After 6 months of team visited the Etosha game park, Veterinarian, who reports directly to the not detecting another FMD-infected which is north of the VCF, and found a Deputy Chief Veterinary Officer of the animal, the outbreak was declared over minimal risk for FMD introduction Animal Health division at headquarters. on March 31, 2003. based on the observation of double Each Chief Veterinarian will operate as fences separating wild game from Active Surveillance a supervisor of a number of State domestic livestock, the lack of Cape veterinary officers (up to four each) and Most of Namibia’s active surveillance Buffalo species, and the low likelihood be responsible for training, control, occurs through inspections. In the of visitors with FMD-susceptible monitoring, and guiding field surveillance zone, DVS inspects for animals or animal products. veterinarians. Six additional field FMD every 3 months, while inspections Passive Surveillance veterinarian posts will be added in the in the area north of the VCF occur northern communal areas. In addition, biannually. In the free zone, inspections FMD surveillance in the buffer and the number of animal health technician occur on an annual basis. During the free zones is typically accomplished (AHT) posts (agricultural diploma level) inspections, the veterinarians and AHTs through more passive surveillance will be increased from 79 to 95, with a conduct census and disease reporting means because of the inaccessibility of plan to phase out Stock Inspection activities. Farmers in the free zone diagnostic services in remote locations. Assistants over time. receive 1-month’s notice and are DVS and the Meat Board of Namibia The Veterinary Public Health division required to present at least 80 percent of have an extensive outreach education will consist of a Chief Veterinarian, a their stock for inspection. If a farmer program for livestock owners that Control Veterinary Hygiene Inspector, does not comply, movement and includes placing pamphlets and posters chief hygiene inspectors, and a marketing restrictions are put into place. in community centers, churches, and Veterinary Public Health Specialist. Surveillance data are also collected from gathering places. Radio announcements Chief Hygiene Inspector positions have inspections required for movement and weekly programs are widely used to been created to enhance supervision on permits, auctions, and upon arrival at disseminate information, especially in the slaughter floor of abattoirs. The abattoirs. During an inspection, a DVS areas that are not accessible via Epidemiology, Import/Export, and official walks through a herd of animals telephone, Internet, or television. Training Division will also have a Chief rather than conducting individual Veterinarians and AHTs also interact

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with farmers on a regular basis. In the proximate to the infected area, and the Veterinary Institute produces vaccines northern communal area, CAHWs and north central area, a strip of land containing prevalent FMD serotypes pharmaceutical retailers participate in 1 approximately 50 kilometers wide found in Africa, including SAT 1, SAT to 2 week training sessions endorsed by adjacent to Angola, are vaccinated 2, and SAT 3. The Institute is also DVS to learn to detect suspicious signs annually. These cattle are vaccinated equipped to make autogenous FMD of foreign animal diseases and have a with an oil adjuvant bivalent (SAT 1 vaccines upon request. Namibia mandatory responsibility to notify DVS and SAT 2) FMD vaccine combined annually uses about 500,000 doses of of any suspicion of FMD. with a CBPP vaccine. In the infected bivalent/trivalent vaccines. zone, cattle in the eastern portion of Diagnostic Capabilities Disease Status of Adjacent Regions Caprivi are vaccinated twice a year with The Central Veterinary Laboratory a trivalent SAT 1, 2, and 3 vaccine, Namibia is bordered to the north by (CVL) is an accredited biosecurity level while the cattle in the western portion Angola and Zambia, to the east by 2 laboratory located in Windhoek. The of Caprivi are vaccinated only once a Botswana, and to the south and east by CVL is not structured to test for all year. Before vaccination, serological the Republic of South Africa. Zambia’s diseases listed by OIE (Office tests for FMD are not performed, which border with Namibia abuts Namibia’s International des Epizooties, or World may result in the vaccination masking infected zone and therefore is not Organization for Animal Health), but any FMD already present in the animals. assessed further in this document. does perform residue testing of meat However, due to the open range herd Angola’s border abuts Namibia’s buffer destined for export and tests for management style of the buffer zone, the zone. Angola experienced an FMD vesicular diseases including bovine vaccinated cattle are exposed to outbreak in 2001 and its veterinary viral disease, infectious bovine unvaccinated cattle that would likely disease control situation is unclear. rhinotracheitis, bluetongue, and orf. serve as sentinels should the virus Although Angola may represent a risk Although the CVL may acquire a become present. for FMD introduction into Namibia, diagnostic enzyme-linked Any cattle entering Namibia from Namibia’s veterinary infrastructure and immunosorbent assay kit for antibody Angola are vaccinated at the border post border controls likely would detect it. detection of FMD, FMD testing occurs of entry and branded with an ‘‘A’’ for Botswana experienced FMD outbreaks either at the Botswana Vaccine Institute, identification. The cattle are also in 2002 and 2003; however, the which is an OIE reference laboratory for branded with an arrow that tells DVS southern portion of Botswana, which FMD, or the Onderstepoort Veterinary officials the year in which the cattle abuts Namibia’s proposed free zone, is Institute in the Republic of South were vaccinated. These cattle are recognized by the OIE and Namibia as Africa. The site team visited the latter prohibited from moving south of the FMD-free. The border between facility and determined that the Institute VCF. Botswana and Namibia consists of a was an adequate testing facility that had Vaccinations performed by DVS are game- and stock-proof fence. However, facilities designated for FMD vaccine recorded and maintained by State approximately 10 kilometers of the production and exotic disease diagnosis. veterinary personnel for each herd northern part of Botswana lies adjacent The tests used for FMD at the Institute owner. In order to facilitate to the surveillance zone of Namibia. meet OIE guidelines and the laboratory’s vaccinations, DVS administers This portion of the surveillance zone, records showed that three diagnostic vaccinations at specific gathering places referred to as the ‘‘Gam area,’’ is investigations were submitted from so that communal owners from the separated by four fences (double game- Namibia between 2000 and 2003 to rule vicinity can bring their animals to the and stock-proof fences). Although the out FMD. site. Vaccinated cattle are identified Republic of South Africa has had FMD Given the information above, Namibia with an arrow brand, which indicates outbreaks in 2001 and 2003, these appears to have adequate disease the year of vaccination. At the time of outbreaks have mostly occurred in the control authority, programs, and animal vaccination, the herd owner must eastern portion of the country that is not health management to diagnose FMD. present a stock card identifying the near Namibia. animals’ vaccinations, census, and In addition to neighboring countries, Vaccination Status movements, which is then updated to the proposed region to be declared The vaccination status in Namibia reflect the most recent vaccination. FMD-free is bordered by the buffer zone varies throughout the country. FMD These stock cards, which are as described in the ‘‘Background’’ vaccinations are not performed on any maintained for both small stock and section. Information on this zone’s FMD animal in either the surveillance or free cattle, are kept by the owner, who must status can be found in the ‘‘Disease zones, and only cattle are vaccinated in update the cards any time a movement, History and Surveillance’’ section the infected zone and in certain areas of sale, slaughter, vaccination, or other above. the buffer zone. The remaining significant event occurs. If a herd owner Because Namibia shares borders with unvaccinated cattle in the buffer zone does not comply with vaccination and trades with countries that have serve as sentinels of FMD. FMD requirements, the infraction is reported experienced recent FMD outbreaks or symptoms in these areas would likely be to the ‘‘induna’’ (chief or head person of that are not recognized as FMD-free by reported due to community education the area) who alerts the water committee the United States and because FMD by DVS, the cultural importance of to deny water to the offending herd exists in some portions of Namibia, livestock health, and the frequent owner’s livestock. Access is denied APHIS proposes to add Namibia interactions of AHTs and CAHWs with until the herd owner contacts the State (excluding the region north of the VCF) local producers. Small stock are not veterinary office and schedules the to the list of regions in § 94.11. The vaccinated for FMD anywhere in cattle’s vaccination. regions in § 94.11, although declared Namibia. FMD vaccine for Namibia is produced free of FMD and rinderpest, supplement In the buffer zone, which is FMD free at the Botswana Vaccine Institute or the their national meat supply by the with vaccination, vaccination coverage Onderstepoort Veterinary Institute, both importation of fresh (chilled or frozen) is 80 percent. FMD vaccinations are free of which are discussed in more detail meat of ruminants or swine from regions and administered by DVS personnel. under the ‘‘Diagnostic Capabilities’’ that are designated in § 94.1(a) to be Only cattle in the Kavango, the area section above. The Onderstepoort infected with rinderpest or FMD; or

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have a common land border with these entry points DVS examines the likely to be localized to the vicinity of regions designated as infected with animals and cattle re vaccinated for the fence. However, as stated above, the rinderpest or FMD; or import ruminants CBPP and FMD prior to entry. The cattle fence is maintained by full-time repair or swine from regions designated as are also branded as originating from crews that patrol the fence in search of infected with rinderpest or FMD under Angola. Animals imported from Angola damage from animals or humans. conditions less restrictive than would be are mainly used for local slaughter or From 2000–2003, DVS recorded a acceptable for importation into the enter Namibia for seasonal grazing and number of breaches to the VCF, which United States. Therefore, all meat of then return to Angola. If the cattle are included cuts made to the fence, cuts ruminants or swine or other animal slaughtered in the buffer zone, the meat made for the movement of stolen products would have to meet the must stay in the buffer zone and cannot vehicles, and smuggling of animals and certification requirements in § 94.11 to enter the free zone. In addition, these animal products. Each of the cuts be eligible for importation into the cattle cannot cross the VCF into the free reported were repaired by patrol teams. United States. These certification zone. Seven of the breaches involved individuals attempting to smuggle requirements are explained later in this Borders Within Namibia document under the heading various animals or animal products, ‘‘Certification Requirements.’’ The surveillance and free zones in such as live cattle, goat meat, and cattle Namibia are bounded by natural and hides, through the fence. In each of Degree of Separation From Adjacent man-made borders. The western coast of these cases, appropriate remedial and Regions Namibia consists of Atlantic coastline enforcement action was taken. Borders With Other Countries and a very harsh desert that effectively Namibia is adequately separated from prevents all animal movement. As other countries and regions by The border between Namibia and the discussed above in the ‘‘Background’’ maintained game-proof fences, road Republic of South Africa consists of the section above, within Namibia the blocks, and physical barriers such as Kalahari Desert adjacent to the Orange surveillance and free areas are separated deserts and rivers. These boundaries River and a stock-proof fence. from the buffer and infected zones by appear to be adequate as long as DVS Approximately 10 kilometers of the the Veterinary Cordon Fence (VCF). maintains active control of border posts northern part of Botswana lies adjacent This fence is designed to prohibit and continues maintenance of the stock- to the surveillance zone in Namibia and cloven-hoofed domestic and wild and game-proof fences. is separated from Namibia by double animals from moving into the FMD-free Movement Controls and Biological game- and stock-proof fences for a total zone from the north; this movement Security of four fences. The rest of the border restriction also stops any CBPP spread between Botswana and Namibia consists from north to south Namibia. In past In order to control cattle movement, of a game- and stock-proof fence, which years, Namibian officials have moved an animal identification system has appeared to be in good shape during the the VCF progressively northward, been put into place to identify and track APHIS site visit. However, there was leaving old portions of the fence in all cattle in Namibia from farm to evidence of warthogs digging under the place to control movements of animals processing. Under the Stock Brands Act fence on both sides. Namibia’s border and animal products in the event of an of 1995, each cattle owner has an with Angola did not have an adequate outbreak for a total of about 2,200 individual brand mark and must brand fence present between the two kilometers of old and current fence. all cattle 6 months of age and older with countries. However, a task force is DVS is aware that APHIS must be a registered brand that identifies the currently in place to reestablish a fence notified of any further plans for cattle’s ownership and location. along this border and Namibia has northward movement of the fence so Livestock owners also must brand all initiated its 10-year plan to erect a that APHIS may reevaluate the region’s purchased cattle within 30 days of complete fence on the border with risk. procurement. Brands must be legible Angola with specific areas for animal Namibia treats the VCF as if it were and are recorded on a movement permit entry. Namibia’s long-term goal is to an international border for livestock as described below. Permits are required move the VCF to the Angolan border purposes. The only way to pass through for various types of cattle movement, with the intention that the entire the VCF is through gateposts that have and any movement or sale of cattle country, except the infected zone of a roadblock at which vehicles are requires rebranding and recording the eastern Caprivi, would be included in inspected. On major roads, the gateposts event on stock cards and in DVS the FMD-free region. DVS feels that allow traffic movement, but are records. Through branding, stock cards, disease control in the country is assisted monitored 24 hours a day by veterinary DVS records, and bar codes assigned to by the sparse human and animal and police personnel who perform meat from slaughter to processing, population coupled with the long inspections to ensure that prohibited Namibia can trace back animals. Under distances between settlements. The animals, meat, or meat products are not the current version of the Stock Brands nearest part of the infected zone to the being brought into the free zone. The Act, which was amended on March 29, free zone is more than 200 kilometers VCF consists of a northern fence, which 2004, and enacted on April 14, 2004, all (124 miles) away. is a 17- to 21-wire game-proof fence 2.4 small stock on all farms in Namibia DVS has a permanent fence team that meters in height, and a southern fence, must be identifiable by means of a patrols and repairs damage to the which is an 8-wire stock-proof fence 1.4 readable tattoo and/or metal eartag fences. The teams are in the field for meters in height. These fences are bearing the registered brand mark of the two weeks every month. Security agents separated by 10 meters of dead space. owner when they reach 3 months of age also patrol the border fence and report The site visit team observed many or earlier if removed from the farm. fence breaches. In addition, every 6 kilometers of the fence and found it in months there is a joint inspection along good repair and of adequate structure to Import Controls the entire border by Namibian and stop most animals. The site team did Namibia imports fresh beef, mutton, Batswana officials. notice that warthogs could burrow pork, processed meat, and other animal For animals that originate from under the fence, but this is likely not a products from various countries, Angola, there are border entry points. At major concern, as these animals are including the Republic of South Africa.

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In order to import animals and animal moved between premises. Copies of animals into Namibia under a Master products into Namibia, a veterinary these movement permits are kept in the Import Permit system, which resulted in import permit and a health certificate veterinary office at the region of origin, DVS having incomplete records of are required. The permits are issued by with the owner, and with the animal and animal products movement the Deputy Director of Epidemiology consignment. A fourth copy is also sent from the Republic of South Africa and require that transport trucks or to the veterinary office at the shipment’s during this time. However, this system containers importing animal products destination, which alerts the State was abandoned after the FMD outbreak and certain live animals be sealed. veterinarian of the shipment. Each State in the Republic of South Africa in 2000 Namibia does not import domestic veterinary office keeps movement and all cloven-hoofed animals and their animals or animal products from FMD- records for each producer and summary products being imported into Namibia or BSE-affected regions and does not statistics are compiled electronically at were required to have import permits. permit animals vaccinated against FMD DVS headquarters. Also, any animals After the outbreak was controlled, or certain products from these animals moved from the surveillance zone must permits for low-risk products, such as to enter the country. have a ‘‘red cross’’ movement permit in dairy products and processed/cooked DVS currently has a registry system in addition to a 3-week quarantine at the meats, were waived. Since the APHIS place to track all imported animals from destination farm. A red cross permit is site team visit, DVS has finalized the arrival to death and plans to add a a movement permit with a large red system for issuing import permits for component to this system that would watermark to distinguish it from a animals and animal products from the ensure that each animal’s cause of death regular movement permit. These Republic of South Africa. is recorded. DVS also has plans to permits are used when DVS needs to Currently, for meat originating from identify imported cattle, sheep, goats, alert officials of certain conditions the Republic of South Africa, officials and ostriches with unique identification existing in the permit, such as may ask for a certificate verifying that eartags and brands and to institute a quarantine at the destination farm or a the meat is entering the country in plan to ensure that imported cattle are sealed vehicle requirement for accordance with the agreement between tested for BSE after death. Animals or transportation. Namibia and the Republic of South animal products entering Namibia from Animals in Namibia can be moved via Africa. This agreement provides that the Windhoek International Airport without livehaul conveyances, which are requirement for a permit varies with the a permit are either destroyed or returned allowed free movement through the VCF amount of meat being imported. For to the country of origin. DVS is gateposts and have no requirement for example, shipments of meat less than 25 currently creating a system to record cleaning or disinfection prior to entry kilograms are allowed without a permit these entry denials. south of the VCF or into quarantine or health certificate if it is for home consumption, while shipments over 500 Export Controls camps. This lack of requirements generally does not pose a risk much of kilograms must have both an import Namibia has abattoirs that prepare the year because steel truck beds and permit and a health certificate. and export meat and meat products. the extremely hot and dry climate Animals from Angola primarily are These abattoirs are supervised directly would likely eliminate the FMD virus. brought into Namibia for slaughter, by government veterinary officials who However, in the rainy season or in the seasonal grazing, or breeding. Namibia’s are responsible for export certification. presence of manure, the trucks could border with Angola has three entry points for individuals importing After arrival at the abattoir, cattle are become a mechanical vector for FMD. animals into Namibia: Oshikango, examined for clinical signs of illness by The site visit team expressed its concern Ruacana, and Mahenene. At these veterinary staff. All animals also about this possibility, and in November points, DVS examines and vaccinates undergo an antemortem inspection 2004, DVS introduced a system for the cattle for CBPP and FMD before during which they are specifically disinfecting trucks used for the entry. After vaccination, the cattle from checked for signs or lesions suggestive transport of cattle into and out of Angola are hot branded with an ‘‘A’’ of FMD and a postmortem inspection quarantine camps in the areas north of and an arrow that indicates the year of during which the feet and tongues are the VCF. In areas south of the VCF, a the animal’s vaccination. Although checked for FMD lesions. DVS receives system of registration of livestock animals imported from Angola are not monthly condemnation statements and transports has been introduced. Trucks summaries from export slaughter quarantined, they remain in the buffer transporting livestock to export abattoirs zone and are not permitted to cross into abattoirs. For more details on the must be cleaned and disinfected before slaughter process for exportable meat the free zone; they can be returned to animals are loaded. Angola and later reenter Namibia. If and meat products, see the section Given this information, APHIS did cattle are slaughtered in the buffer zone, entitled ‘‘Livestock Demographics and not identify any significant risk Marketing’’ below. the meat must remain in that zone. pathways to consider Namibian animals Small stock animals are not identified Within Namibia or animal products as a likely source for as originating from Angola and can DVS is authorized to control animal introducing FMD into the United States. easily mix with local animals and movements between farms, from farm to Movement Across Borders potentially move from the buffer zone to slaughter, and from farm to auction. If the areas south of the VCF. However, movement controls are not complied Borders With Other Countries small stock from the buffer zone not with, farmers’ market access may be Animals moving into Namibia are going directly to slaughter would have restricted. The State police work with primarily imported from the Republic of to undergo two 3-week quarantines, one DVS to enforce road blocks, control South Africa; most of the imported in the buffer zone and one at their livestock movement, and, if needed, cloven-hoofed game originates from the destination, before entering the market guard and isolate an infected area after portion of the Republic of South Africa in the free zone. In addition, with the an outbreak. identified by the OIE as FMD-free. placement of sentinels at quarantine In order to control animal movement, Namibia and the Republic of South stations, APHIS considers that any FMD DVS requires the use of a veterinary Africa originally had a bilateral concerns regarding Angolan small stock movement permit when animals are agreement allowing the importation of animals that may be sent south of the

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VCF would be addressed. Also, as themselves and then replace the DVS for the commodity’s permit. Customs described in ‘‘Movement Controls,’’ seal with a Customs seal, if necessary. will also notify State veterinarian offices Namibia requires identification for The site team also visited the of any shipments that must be examined small stock, which will further mitigate Windhoek International Airport, which and will check before the shipment the risk of infected small stock from has incoming flights from Frankfurt, leaves the office that the State Angola being moved south of the VCF. Munich, Capetown, Angola, veterinarian has released the item. The For imports from other countries, Johannesburg, and Botswana. While port also processes skins received from Namibia requires a permit for all there, they interviewed a Customs north of the VCF in sealed containers, animals and animal products. Namibia official who was not familiar with the which the State veterinarian checks for does not allow the importation of duties of Namibian Customs. Although intact seals and completed paperwork. animals or animal products from regions the official was aware that certain plant Passenger ships mainly arrive from under FMD restriction and cattle products must be confiscated, he lacked November to April; luggage is spot vaccinated against FMD are not knowledge of animal products that checked for animal and plant materials. imported. All imported cattle are should be confiscated or not allowed International garbage entering permanently branded and not accepted entry. In addition, the airport did not Namibia is collected for disposal at for slaughter at export slaughter have signs displaying warning or various ports, including the Walvis Bay facilities. Cattle may be imported under guidance on animal products that were office described above. At Walvis Bay, a veterinary permit. At the time of the permitted or prohibited to enter a private company is contracted to site visit, the only recent imports of live Namibia. There were also no checks on collect the garbage and remove it to sheep, goats, and pigs into the free zone the garbage offloaded from planes. Due municipal dumps. It was not clear how were from the area of Botswana that to the disparity of knowledge between or whether garbage was treated prior to Namibia considers to be FMD-free. customs officers, DVS became involved disposal. The site visit team received These animals once belonged to in the training of customs officials on conflicting reports about the handling of Namibians who were residing in the requirements for the importation of international food garbage and Botswana before Namibia obtained animals and animal products. In uncertainty existed about whether independence and before the country addition, to further enhance the garbage was taken directly to the dump required import permits and veterinary awareness of the import of animals and or if it was diverted to a pig farmer. As health certificates. There is also an animal products, DVS advised State a result, the site team asked for a import permit for game animals from veterinarians, among other personnel, clarification of how international Botswana. that attention should be given to garbage is handled at Walvis Bay The site visit team also observed a departure airstrips from places such as because of concerns that FMD could be vehicle inspection at the Oshivello lodges to ensure that people who are introduced into the food chain in gatepost, which is staffed 24 hours a departing the area are acquainted with Namibia by animals scavenging day, 7 days a week. At Oshivello, the danger and restrictions of unmonitored garbage dumps. DVS individuals carrying meat products transporting animal and animal stated that international garbage must cook it or dispose of it before products to the FMD-free zone. In disposal and removal is completed by entering Namibia. The gatepost addition, DVS received approval to an independent contractor who dumps personnel keep logbooks of contraband establish 20 posts that will be staffed by the refuse in the municipal dump and seizures and livestock movement. veterinary port officials. These posts One land border post, the would be at main entry points. These then covers it with soil, which DVS and Transkalahari Customs post in Buitepos veterinary port officials will oversee the Ministry of Health monitor. on the border of Botswana, was visited compliance with import requirements Due to the information above, a risk by the site team. The officials were and notification of arrival of animals of animal disease incursion may exist in aware and knowledgable of DVS and products. Also, upon verification by Namibia due to a lack of consistency at requirements for animals and animal DVS, the site visit team found that at the points of entry into Namibia regarding products entering Namibia. Permits and international airport in Windhoek, the entry of animal products. However, health certificates must be presented to waste is either burned or dumped in a in 2003 DVS issued a letter to the officials for meat. Goods are declared general dump at the airport complex. Director of Customs and Excise voluntarily, but vehicles and luggage are Private contractors are responsible for regarding animal and animal product searched if they are suspected of disposing of waste from planes, buses, control at international points of entry. carrying contraband. Also, livestock and and trains in Windhoek. DVS advised Customs officials of animal product conveyances are Finally, as for sea ports, the site visit disparities on how animal products are inspected and drivers are required to team inspected Walvis Bay on the handled and that a DVS official has show movement permits. Atlantic Ocean. Customs currently been appointed to visit various entry Game prizes and trophies must have evaluates imports using a guideline points, evaluate control measures, and an import permit. Customs officials called ‘‘Consolidated List of Prohibited discuss relevant issues with all stated that meat is confiscated, on and Restricted Imports,’’ which was authorities to ensure compliance with average, about once a month and originally created by Republic of South Namibia’s veterinary import destroyed at a burn pit adjacent to the Africa officials, but hopes to have requirements. DVS will also have the facility. For live animals, customs Namibian-specific guidelines in place State veterinary staff visit entry points officials check the import permit, ensure soon. Namibian-specific guidelines have in their designated districts and become that the vehicle seals are intact, and been developed and stakeholders are involved in the training of Customs attempt to ensure that the animals meet being provided the opportunity to officials. Also, as a result of the new the condition on the permit, although comment prior to their implementation. structure for DVS, 20 veterinary port this inspection can be difficult as the Customs officials here check the officials will be stationed at main entry animals are in the sealed vehicles. waybills and manifests to ensure that points to enhance oversight of Customs officials are permitted to the shipment matches information compliance with the importation contact DVS to offload animals, but provided by the documents and to requirements for animals and animal more often they unload the animals identify which ministry is responsible products.

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Borders Between Zones Within Namibia FMD prior to movement, which may The site team visited one of the As discussed above in the create a risk in moving an FMD-positive quarantine facilities, the Bergvlug farm, ‘‘Background’’ section, we are proposing animal into the free zone. However, in as a representative quarantine facility. to declare a certain region of Namibia, December 2003, DVS began using The quarantine manager lives just the area south of the VCF, as FMD-free. sentinel cattle during quarantine of outside the facility’s gate with his Cloven-hoofed animals moving from the small stock. Small stock are penned family, allowing for close supervision of infected zone to the buffer zone must with seronegative cattle that are retested the facility. Animals entering the facility undergo serological tests for FMD, test after 21 days. Small stock are only are recorded by permit number, date of negative for the disease, and be released when test results are negative. arrival, owner address, species, number quarantined for 3 weeks before entering Small stock that have completed the of animals, period of quarantine, tariff, the buffer zone. Police checkpoints exist minimum 21-day quarantine and that amount, and country of origin. Electric throughout Namibia to check permits are not destined for immediate slaughter fences surround areas that hold small and papers, including those of livestock are not released for an additional 90 stock to prevent predator entry. The trucks, to ensure validity. days. The animals may be held at premises also has a laboratory for For animals moving from the buffer official quarantine facilities or at research animals and postmortem zone into the free zone, various approved facilities at the farm of exams, an incinerator, and cleaning and requirements are in place to prevent the destination for the remainder of the disinfection equipment. spread of FMD south of the VCF. Live quarantine period. Officials in Namibia have the cattle are not permitted to be moved At the farm of destination, a State authority, procedures, and from the buffer zone to the free zone; veterinarian inspects the isolation infrastructure to enforce effectively the game animals are permitted to move facilities for the quarantined animals system of permits, inspection, only after a 21-day quarantine. Cattle and then breaks the transport seals. For quarantines, and treatments that the that are slaughtered in the buffer zone animals being quarantined on the farm country has in place to control animals are inspected both ante- and post- of destination, quarantine must take and animal products. APHIS did not mortem for FMD lesions. Beef from place in a double-fenced quarantine identify any specific limitations in the these animals is matured 24 hours and facility or the entire farm is quarantined system that might pose an FMD risk to the pH must be below 6.0; the beef is with the small stock restricted to an the United States. then hard frozen. Carcasses are deboned inside enclosure. Transport vehicles are Livestock Demographics and Marketing and the lymphatics are removed. Meat cleaned and disinfected at the VCF and Practices must be produced at an approved after unloading. abattoir and remain at the facility for 3 Game animal products, such as DVS conducts an annual census of all weeks in case of an undetected outbreak elephant ears and hides, buffalo skulls livestock in Namibia. The numbers of in the production area, especially in and horns, hyena skins, and lion capes, FMD-susceptible livestock in 2004 are northern Namibia where no fences exist are allowed to move south of the VCF listed in table 1. between Namibia and Angola. Meat under certain conditions. Untreated products are then moved in sealed hides from quarantine abattoirs in TABLE 1.—FMD-SUSCEPTIBLE vehicles from the buffer zone to the free Oshakati (buffer zone) and Katima LIVESTOCK, 2004 zone for local consumption or to the Mulili (infected zone) can be moved Republic of South Africa under permit. into the free zone. However, untreated Type of livestock Number Beef sent to the free zone may be further hides from any other locations must be Cattle ...... 2,349,700 processed, but each box of meat must dried and quarantined under veterinary Sheep ...... 2,619,363 have bar code identification so that supervision for 3 months before moving Goats ...... 1,997,172 traceback to the slaughterhouse and south of the VCF. In order to be Swine ...... 52,624 herd of origin can occur. transported into the VCF, hides must be More than 3,000 small stock, such as accompanied by a permit and a red Source: Namibian Government. sheep and goats, were moved from the cross permit, travel in a sealed truck, In Northern Namibia, cattle farming is buffer zone to the free zone each year and be packed in airtight containers predominant, while in southern from 2000 to 2002. As of June 2003, sealed under veterinary supervision. Namibia sheep farming is more 1,178 animals had been moved. Small After loading, untreated hides must common. In the free zone, livestock are stock animals originate from areas proceed immediately to an approved maintained on privately owned farms where cattle are not vaccinated for FMD tannery for supervised unloading and a except for a communal range area in the and are quarantined in one of four State veterinary officer must be notified western part of the Omaruru State quarantine stations in the buffer zone of their arrival. At the tannery, the seals Veterinary district. In the buffer zone, for 3 weeks and then examined for signs are broken by the State veterinarian, livestock graze on communal land. of FMD. The site visit team visited one who must ensure that the hides enter Communal farming is largely used for of these quarantine stations and found the tanning process, which deactivates sustenance. there was adequate isolation for the any FMD. Treated hides must also be Swine production in commercial animals. Upon entry and exit of the accompanied by movement and red facilities in Namibia is small because station, the animals’ mouths are cross permits and must be treated feed must be imported from the inspected for signs of vesicular disease through a 3 month quarantine or a Republic of South Africa. Due to the and observed for other FMD symptoms. sodium carbonate treatment with a 1 presence of African swine fever in However, the station contained much month quarantine. Treated hides and Namibia, these facilities must be double large, brushy vegetation, which may skins from Angola may only be taken to fenced to decrease contact with make the observation of mild FMD approved tanneries in Okapuka (free warthogs that may be infected with that symptoms more difficult as such signs zone) or Nakara, but treated products disease. These facilities are inspected could be attributed to damage caused by from Namibia may move anywhere in annually by an animal health inspector. the vegetation or missed. Small stock the country after crossing into the free Namibian law prohibits feeding swine- animals are not vaccinated or tested for zone. origin material to swine and commercial

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facilities do not feed swill to pigs. A facilities are registered with the Animal All livestock animals entering the small number of people purchase Health Department. If an auction facility are already marked with fattening pigs for Christmas for their involves selling animals from more than identification indicating the preceding own consumption. Although these one source, DVS will attend the auction, owners; this information is added to the individuals do not have to double fence inspect the animals, issue movement arrival sheet. Upon entry, the animals their fattening pigs, they must slaughter permits, and collects permits, checking are checked by the veterinary health the pigs by a certain date and obtain a them for endorsements, brand marks, inspector for symptoms or lesions and permit to move the pigs to their and animals in corrals. If any game any difficulties are referred to the State premises. Wild game animals are animals are present at the auction, the veterinarian. All live animals are tagged prevalent in all regions of Namibia and Nature Conservancy must be present to with a scan tag, and animals that arrive are believed to be free of FMD as oversee any sales. Auctions in the dead or die after arrival are taken to the discussed in the ‘‘Disease History and communal area can take place anywhere dump site, burned, and buried under Surveillance’’ section above. in the area as long as DVS is notified the veterinary health inspector’s The site visit team observed two farms ahead of time to be present to inspect supervision. If an animal dies after in Namibia: A cattle/game farm and a animal transactions and issue permits arrival under suspicious circumstances, sheep/game farm. At the cattle/game for animal movement. In addition, tests are performed and the abattoir’s farm, the owner maintained monthly animal owners must present their stock veterinarian performs a necropsy, records on the number of deaths, births, card to DVS so DVS can record the calling the State veterinarian if the and animals sent to slaughter as well as ownership change and movement. DVS cause of death could be contagious. a head count. This farm had is not present for animal sales from Sheep from the same owner are marked. approximately 1,600 head of cattle. The personal property, but most buyers will Paint marks are used if there is no other farm owner receives educational travel to the State office to obtain a identifier on animal. After slaughter, material on FMD from the farmers movement permit for the purchased tags (colored) are used to mark where association and knew the procedure for animal. new ownership begins and animals are contacting the State veterinarian and Some slaughterhouses in Namibia tagged with a scan tag. The person who animal health inspectors. As for have feedlots, which are areas in which scans has a list of owners and the movement permits, the owner knew to cattle can be held before they enter a number of animals. The facility also has request movement permits for cattle. slaughter line. These feedlots help a high incidence form, which is The farm also holds game hunts in ensure a steady slaughter line of completed when a large shipment has a which trophies may be taken and the animals. The APHIS team visited the 5 percent incidence or a small shipment meat, which is dressed outside of the Okapuka feedlot, which is owned by a has 10 percent incident of listed pasture area, is made into biltong for Meatco abattoir. The feedlot purchases conditions. The site visit team noticed farm workers, family, and guests. All cattle ranging from 8 to 12 months of that the form did not include vesicular game for this farm is purchased from an age from farmers, communal areas diseases. Livestock animal carcasses are area south of the VCF and any through permittees, and auctions all of kept in chillers at 4 °C for 24 hours and movement of these animals requires which are located south of the VCF. The have a pH of about 5.4 to 5.5, which is capture and movement permits, which cattle generally remain on the premises only checked if the importing country are overseen by the Nature Conservancy. for 3 months with each feedlot operating requires it. A representative from the The game on this farm was not Namibian Meat Board grades the meat. restocked and the population is on an all-in, all-out policy. Upon As for game animals, the facility does controlled with hunting and sicknesses, arriving at the feedlot, all cattle are not slaughter live animals, but instead such as plant poisoning. branded, eartagged, dipped, dewormed, On the sheep/game farm, the owner and vaccinated for anthrax, several deals with carcasses after they have had 1,500 Dorper sheep including lambs clostridial diseases, pasteurella, and been culled at the ranch in origin. A that are kept in fields year round. Lambs infectious bovine rhinotracheitis. The separate cooler, exam area, and are kept for up to 5 months before being cattle are also checked every day for offloading area exist for game and the sent to slaughter. The game at this farm signs of sickness; sick cattle are pH is not measured unless required by included springbuck, oryx, and blue removed from the herd. Fifteen to the importing country. Trucks leaving wildebeest. The farm’s owner works twenty percent of the cattle at the lot are the facility are cleaned and washed closely with the Nature Conservancy female. Cattle are pen fed on a mixed- prior to departure. with regard to the movement of animals, ration diet that is completely vegetarian Sheep and game are dressed game censuses, culling, and night with no fish, poultry, or mammalian separately on the same slaughter line. In culling, which the farm uses to byproducts. The feedlot maintains between uses of game or sheep, the depopulate springbuck. Game animals records of arrival, departure, disease equipment is cleaned and checked by are slaughtered at a mobile facility diagnosis, and death of each cattle. the VHI to ensure there was no mixed outside the pasture area where the head, The site visit team also observed two slaughtering. During work hours, legs, and intestines are removed from abattoirs: The Farmer’s Meat Packers individuals working in the clean area each animal. The animal is then stored and Meatco. Both of these facilities are not permitted to mix with the and shipped in a cooling truck to an operate under the Hazard Analysis employees responsible for slaughter. abattoir, where the hide is removed and Critical Control Point System. The These two groups have separate the carcasses are prepared. The owner at Farmer’s Meat Packers facility facilities, including during outdoor this facility also kept detailed records of slaughters goats, lamb, sheep, and small breaks. The surfaces of the slaughter animal movement permits and all game with a maximum capacity of 1,500 line are cleaned between every 15 animal deaths of which he was aware; sheep, 400 game animals, and 250 carcasses, and every day 50 samples are however, he usually finds only skeletal deboning of lamb and game animals per sent to the central laboratory for remains. The owner performs autopsies day. The facility slaughters salmonella testing. The knives are on any animal that dies on his premises. approximately 1,200 sheep per day and changed constantly and sterilized before Livestock in Namibia can be sold at only receives animals from farms that use. Condemned trimmings are taken to livestock auctions. Larger auction DVS annually inspects. the facility’s dump site for burning.

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Meatco, another abattoir visited by the information. DVS was in the process of swine from regions that are designated site visit team, has four abattoirs: Two training personnel at these abattoirs. in § 94.1(a) as regions where rinderpest in the free zone, one in the buffer zone, APHIS did not identify any factors in or FMD exists, (2) have a common land and one in the infected zone. Meatco this category that might pose a risk to border with regions where rinderpest or slaughters cattle, sheep, goats, and pigs. the United States if animals or animal FMD exists, or (3) import ruminants or Ninety-nine percent of source farms, products are imported from Namibia. swine from regions where rinderpest or which are located south of the VCF, are Detection and Eradication of Disease FMD exists under conditions less on contract procurement from Meatco. restrictive than would be acceptable for Of the ovines slaughtered, 90 percent If an FMD outbreak does occur, DVS importation into the United States. are lambs and 10 percent are older has an emergency response plan in As previously noted, Namibia shares sheep. place that includes notifying a reporting land borders with Botswana, Angola, When a truck arrives at the facility, list, which includes trading partners, and the Republic of South Africa, all of within 24 hours of an outbreak. The the truck is checked for a valid animal which have experienced recent FMD plan stresses early detection and movement permit before offloading its outbreaks. A portion of Namibia, the reporting and includes training for both animals. Once the animals are infected zone, is also considered farmers and DVS staff so that an offloaded, inspectors examine the affected with FMD. In addition, from outbreak can be detected in its early animals, collect movement permits, and 2000–2002, Namibia imported fresh phases. The plan also includes protocols enter data on the slaughter animal beef, mutton, and pork from several for sampling and diagnostic arrival record. For cattle, antemortem countries the United States considers submissions as well as disinfection and inspections take place in specially built affected with FMD. Namibia also biosecurity and a public awareness pens with adequate room for cattle to be imported cooked and uncooked strategy to quickly communicate moved for a thorough examination. The processed meat from the Republic of running chute leading up to the holding restrictions and stoppages of all animals and animal products. Emergency South Africa under the condition that pens also allowed for adequate animal the meat be cooked to a core inspection. After unloading, the trucks equipment is stored in the Otjiwarango ° office, which is centrally located, and temperature of 70 C for 30 minutes, are washed to remove solid matter, which is not as long as the time required which is verified by a guard who keeps State veterinarians have instructions to establish animal movement restrictions, in § 94.4 of the regulations for cooked a written record, but are not disinfected. meat from regions where FMD exists. Each month the facility sends four disease containment, quarantines, road Namibia also imports unprocessed hides heads to the central laboratory for brain blocks, and buffer and surveillance and skins of ungulates or parts thereof, sampling. At the time of the site visit, zones around the outbreak. In addition, trophies, wool, and hair, all of which no neurological conditions have been contingency funding plans for the diagnosed by the abattoir. After immediate mobilization of 300 military must be treated in accordance with the beheading each carcass, matching tags personnel have been approved by the veterinary health certificate are placed on the head and carcass of Ministry. requirements. Namibia trades these the animal, which stay in place until the Given the geography of the free zone, items with countries the United States carcass is graded. The tags are then which includes limited roadways with considers affected with FMD and some removed and a bar code tag is placed on almost uniform division of the area by of the treatment requirements are not as the carcass by which the bar code tag game and stock fences, the authority for restrictive as those of the United States. can be traced from incoming shipment compulsory vehicle stoppage at Finally, Namibia also imports milk and to end-product boxes. A pallet tracing roadblocks, the strong public awareness milk-based products from regions the system is used to ensure consignments of FMD, mandatory reporting, and United States does not consider as FMD- are shipped correctly and only two routine field inspections, APHIS free. Thus, even though we are people have access to the tracking and concluded that an FMD outbreak likely proposing to declare a region of Namibia loading system to ensure integrity. would be detected and responded to free of FMD, there is a risk that animals Carcasses are held in chillers at 7 °C for quickly. A recent FMD outbreak in the or animal products originating in that 48 hours before they are deboned. infected zone was quickly controlled by region of Namibia may be commingled Random pH tests in compliance with DVS using the system above. Namibia with animals or animal products European Union requirements are has a well planned, documented, and originating in an FMD-affected region. performed on carcasses with a readily implemented emergency This action would relieve certain calibrated pH meter, which is calibrated response system to rapidly identify and restrictions due to FMD and rinderpest before testing each carcass. For cattle, respond to an FMD outbreak. Based on on the importation of live animals, the pH is taken in two places, the the above factors, APHIS considers the germplasm, and animal products from forequarter and hindquarter, due to a likelihood of an FMD outbreak the region of Namibia south of the VCF. possible 0.2 to 0.4 difference; the occurring in Namibia to be low. However, because we consider Namibia average pH is 5.4 to 5.7. Sheep carcasses to be affected with other animal diseases are also tested for pH levels. A Certification Requirements that are exotic to the United States, the veterinarian verifies the pH and We are proposing to add Namibia, importation of live ruminants and temperature prior to movement out of excluding the region north of the VCF, germplasm would continue to be the chiller and also inspects for any to the list in § 94.11(a) of regions restricted. In addition, because we dark meat, which indicates stress, poor declared free of rinderpest and FMD but consider Namibia as affected with bleeding, or fever. If necessary, that are subject to special restrictions on African swine fever, classical swine carcasses are rejected from export and the importation of their meat and other fever, and swine vesicular disease, the used in the local market instead. animal products into the United States. importation of live swine and pork and In addition to commercial abattoirs, The regions listed in § 94.11(a) are pork products would continue to be some villages in Namibia have bush subject to these special restrictions restricted. All other meat and meat abattoirs, some of which slaughter only because they: (1) Supplement their products imported into the United one to two animals per day. These national meat supply by importing fresh States from Namibia would be required abattoirs can be sources of surveillance (chilled or frozen) meat of ruminants or to meet the requirements of § 94.11.

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Under § 94.11, meat and other animal Budget has waived its review under Hampweya, April 2005, personal products of ruminants and swine, Executive Order 12866. communication, Namibia Division of including ship stores, airplane meals, This proposed rule would amend the Trade and Statistics.) and baggage containing these meat or regulations in § 94.1 to list Namibia as Possible economic effects of imports animal products, may not be imported a region free of rinderpest and the from Namibia would differ for beef and into the United States except in region of Namibia south of the VCF as for sheep and goat meat imports. For accordance with § 94.11 and the a region free of FMD. However, since beef imports, approximately 22 million applicable requirements of the U.S. Namibia borders on and trades with pounds of beef may be imported Department of Agriculture’s Food Safety regions that the United States does not annually from Namibia as a result of the recognize as free of FMD and because its and Inspection Service at 9 CFR chapter proposed rule, based on data collected importation standards are less stringent III. from the Central Bureau of Statistics- than those of the United States, we are Section 94.11 generally requires that Trade Statistics Division of Namibia. also proposing to list the region of the meat and other animal products of Based on 10-year average U.S. domestic Namibia south of the VCF in § 94.11 as ruminants and swine be: (1) Prepared in supply, an import of about 22 million a region subject to the additional an inspected establishment that is pounds of beef would result in a price certification requirements of that eligible to have its products imported decrease of less than $0.002 per pound section. into the United States under the Federal at the wholesale level. If 50 percent of It should be noted that Namibia is not Meat Inspection Act; and (2) Namibia’s 10-year average beef exports currently eligible to export ruminant accompanied by an additional (29.6 million pounds) were diverted to meat products to the United States certificate, issued by a full-time salaried the U.S. market, the result would be a under the FSIS regulations cited earlier veterinary official of the national price decline of only $0.0024 per pound in this document; there would, government of the exporting region, (Table 2). assuring that the meat or other animal therefore, be no economic effects on products have not been commingled U.S. entities until establishments in As for sheep and goats, the estimated with or exposed to meat or other animal Namibia were approved to export potential exports to the United States of products originating in, imported from, ruminant meat and other products to the these meats are about 15.43 million transported through, or that have United States. The following analysis pounds per year according to data otherwise been in a region where examines the potential economic collected from the Central Bureau of rinderpest or FMD exists. impacts of the proposed changes in the Statistics-Trade Statistics Division of regulations that could occur if this Namibia. If this supply were realized, Conclusion proposed rule were implemented and U.S. sheep and goat meat prices could We have concluded that the Namibian establishments in Namibia were decline and sheep producers could be Government has the laws, policies, and approved to export under the FSIS negatively affected, as the above figure infrastructure to detect, respond to, and regulations. represents about 4.35 percent of U.S. eliminate any reoccurrence of FMD. Namibia produces and internationally domestic supply. This could result in a These findings are described in further trades in beef, sheep, goat, and game price decline of $0.07 per pound (Table detail in a risk analysis that may be meat. Namibia produced 134 million 2). However, it is questionable whether obtained from the person listed under pounds of beef in 2004 and exported an Namibia would have the capacity to FOR FURTHER INFORMATION CONTACT and average of 59.2 million pounds of beef export this amount and maintain its may be viewed on the Internet at and veal per year between 1994 and trade with its established South African http://www.aphis.usda.gov/vs/ncie/reg- 2003. The country has established and European markets. Although several request.html by following the link for trading relationships with the Republic markets in the European Union are ‘‘Information previously submitted by of South Africa and several western accessible to Namibia, the Republic of Regions requesting export approval and European countries. Namibia also South Africa continues to be its major their supporting documentation.’’ The produced 29.6 million pounds of trading partner. Namibia exported 15.66 objective of the risk analysis is to mutton, lamb, and goat meat in 2003 million pounds of sheep and goat meat evaluate the likelihood of introducing and exported an average of 5.73 million to all countries in 2003, so to meet this FMD virus into the United States pounds per year between 1994 and goal of 15.43 million pounds exported through the importation of FMD- 2003, with most exports going to the to the United States, nearly all of the susceptible species and products. Republic of South Africa. Namibia current exports would have to be APHIS could identify no risk factors produced 8.8 million pounds of game diverted. Between 1994 and 2003, currently applicable to Namibia that meat in 2003. Namibian exports of sheep and goats would justify keeping the region of Namibia’s agricultural trade with the have fluctuated, with a negative export Namibia south of the VCF from the list United States is small. In 2003, Namibia growth rate in every year except for of regions APHIS considers as FMD free. exported agricultural products worth a four: 1995, 1998, 1999, and 2001. The total $199,000, of which $21,000 was for impact is not as large when based on the Executive Order 12866 and Regulatory hides and skins, and imported $5.443 10-year average quantity exported of Flexibility Act million worth of agricultural products, 5.73 million pounds. Assuming this This proposed rule has been reviewed of which $40,000 was for beef and veal. level of export to the United States, the under Executive Order 12866. For this (Sources: FAO, FAOSTAT, 2004; UN/ estimated decline in price is between action, the Office of Management and FAO, FAOSTAT Data, 2004; Hilda $0.02 and $0.03 per pound.

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TABLE 2.—THE IMPACT OF THE IMPORTATION OF BEEF, SHEEP, AND GOAT MEAT FROM NAMIBIA TO THE UNITED STATES

Beef Sheep and goat meat Domestic Percentage diverted to Decline in Decline in Domestic 1 Change in producer Change in the U.S. market Million price price loss Million price price producer pounds (%) (cents/ (millions of pounds (%) (cents/ loss pound) $) pound) (millions (%)

10 ...... 5 .92 ¥0.0291 ¥0.0483 ¥11.902 0 .573 ¥0.231 ¥0.261 ¥0.435 20 ...... 11 .84 ¥0.0582 ¥0.0966 ¥23.795 1.146 ¥0.461 ¥0.521 ¥0.871 40 ...... 23 .68 ¥0.1164 ¥0.1932 ¥47.586 2.293 ¥0.922 ¥1.042 ¥1.742 50 ...... 29 .6 ¥0.1454 ¥0.2414 ¥59.479 2 .865 ¥1.153 ¥1.303 ¥2.177 Designated ...... 222.05 ¥0.1083 ¥0.1799 ¥44.309 215 .43 ¥6.209 ¥7.016 ¥11.725 1 The percentages are based on the 10-year average exports: 59.2 million pounds for beef and 5.73 million pounds for sheep and goat meat. 2 Denotes the estimated amount indicated by Namibian Agricultural specialists and the industry as being available for export to the United States.

The impacts depicted in Table 2 are effects per establishment are calculated for U.S. small entities would be about further considered in terms of effects for based on numbers of large and small $28. Similarly, if 15.43 million pounds large and small entities in Table 3 (beef establishments with reported sales of sheep and goat meat exports per year producers) and Table 4 (sheep and goat (2002 Census of Agriculture). As shown were diverted to the United States, as producers). In each case, impacts at in Table 3, if Namibia were to divert to projected by Namibia, the average various import levels are apportioned the United States 22.05 million pounds annual decline in revenue for U.S. small between large and small establishments of beef exports per year, as projected by entities would be about $108. by inventory share, according to the that country’s agricultural specialists, 2002 Census of Agriculture. Average the average annual decline in revenue

TABLE 3.—POTENTIAL EFFECTS FOR LARGE AND SMALL BEEF CATTLE PRODUCERS

2 2 U.S. producer Large Small 1 Percentage diverted to the U.S. market revenue loss Revenue loss Average rev- Revenue loss Average rev- (millions of $) (millions of $) enue loss ($) (millions of $) enue loss ($)

10 ...... ¥11.902 ¥5.571 ¥860 ¥6.331 ¥8 20 ...... ¥23.795 ¥11.138 ¥1,719 ¥12.657 ¥15 40 ...... ¥47.586 ¥22.275 ¥3,437 ¥25.311 ¥30 50 ...... ¥59.479 ¥27.642 ¥4,265 ¥31.637 ¥38 Designated ...... ¥44.309 ¥20.741 ¥3,200 ¥23.568 ¥28 1 The percentages are based on the 10-year average exports: 59.2 million pounds for beef and 5.73 million pounds for sheep and goat meat. 2 Revenue losses to large and small establishments are distributed according to inventory share (46.81 percent for large and 53.19 percent for small establishments). Averaged revenue losses are calculated by dividing by the number of establishments (845,490 and 6,481 for small and large establishments, respectively).

TABLE 4.—POTENTIAL EFFECTS FOR LARGE AND SMALL SHEEP AND GOAT PRODUCERS

2 2 U.S. producer Large Small 1 Percentage diverted to the U.S. market revenue loss Revenue loss Average rev- Revenue loss Average rev- (millions of $) (millions of $) enue loss ($) (millions of $) enue loss ($)

10 ...... ¥0.435 ¥0.114 ¥765 ¥0.321 ¥4 20 ...... ¥0.871 ¥0.229 1,537 ¥0.642 ¥8 40 ...... ¥1.742 ¥0.458 ¥3,074 ¥1.284 ¥16 50 ...... ¥2.177 ¥0.573 ¥3,846 ¥1.604 ¥20 Designated ...... ¥11.725 ¥3.084 ¥20,698 ¥8.641 ¥108 1 The percentages are based on the 10-year average exports: 59.2 million pounds for beef and 5.73 million pounds for sheep and goat meat. 2 Revenue losses to large and small establishments are distributed according to inventory share (26.3 percent for large and 73.7 percent for small establishments). Average revenue losses are calculated by dividing by the number of establishments (80,443 and 149 for small and large establishments, respectively).

According to the size standards 112420) producers with not more than average income of $24,067, well below established by the Small Business $750,000 annual sales qualify as small the SBA criterion of $750,000 in annual Administration (SBA) for livestock and entities. Based on data from the 2002 sales for businesses primarily engaged animal specialties, producers of cattle Census of Agriculture, 851,971 in cattle farming. Large operations had and calves (North American Industry operations in the U.S. raised and sold 73 an annual income of $3,821,440. Classification System [NAICS] code million cattle and calves in 2002. Small Similarly, over 99 percent of sheep and 112111), game animal (NAICS 112990), operations (over 99 percent of the farms) goat producers (80,443) are small. Small sheep (NAICS 112410) and goat (NAICS had an average of 68 cattle and an sheep and lamb producers had an

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average income of $7,520, while large regulations cited earlier in this § 94.11 [Amended] ones had an average income of $1.042 document; there would, therefore, be no 3. In § 94.11, paragraph (a) would be million. economic effects on U.S. entities until amended by adding the words ‘‘Namibia Meat packing establishments (NAICS establishments in Namibia were (excluding the region north of the 311611), and meat and meat product approved to export ruminant meat and Veterinary Cordon Fence),’’ before the wholesale traders (NAICS 422470) other products to the United States. words ‘‘The Netherlands’’. might be affected (Source: U.S. Census Under these circumstances, the Bureau, 1997 Economic Census, Done in Washington, DC, this 8th day of Administrator of the Animal and Plant June 2006. Wholesale Trade-Subject Series, August Health Inspection Service has Kevin Shea, 2000). Under SBA standards, meat determined that this action would not packing establishments with no more Acting Administrator, Animal and Plant have a significant economic impact on Health Inspection Service. than 500 employees and meat and meat a substantial number of small entities. product wholesale traders with no more [FR Doc. 06–5440 Filed 6–13–06; 8:45 am] than 100 employees are considered Executive Order 12988 BILLING CODE 3410–34–P small. In 1997, there were 1,393 companies in the United States that This proposed rule has been reviewed processed and sold meat. More than 95 under Executive Order 12988, Civil FARM CREDIT ADMINISTRATION percent of these establishments are Justice Reform. If this proposed rule is considered to be small entities and had adopted: (1) All State and local laws and 12 CFR Parts 611, 612, 613, and 614 average sales of $9.7 million, while large regulations that are inconsistent with RIN 3052–AC15 meat packers had average sales of $603 this rule will be preempted; (2) no million. In 1997, there were total of retroactive effect will be given to this rule; and (3) administrative proceedings Organization; Standards of Conduct 3,150 meat and meat product wholesale and Referral of Known or Suspected traders in the United States (Source: will not be required before parties may file suit in court challenging this rule. Criminal Violations; Eligibility and SBA and 1997 Economic Census). Of Scope of Financing; Loan Policies and these establishments, 3,084 (97.9 Paperwork Reduction Act Operations; Regulatory Burden percent) employed not more than 100 employees and are, thus, considered This proposed rule contains no AGENCY: Farm Credit Administration. small by SBA standards. Small information collection or recordkeeping ACTION: Proposed rule; reopening of wholesalers had average sales of $8.85 requirements under the Paperwork comment period. million, while large entities had average Reduction Act of 1995 (44 U.S.C. 3501 sales of $348 million. Thus, et seq.). SUMMARY: The Farm Credit predominant numbers of producers, List of Subjects in 9 CFR Part 94 Administration (FCA) Board reopens the packers and wholesale traders are comment period on the proposed rule considered to be small by SBA Animal diseases, Imports, Livestock, intended to reduce regulatory burden on standards. Average sales of even the Meat and meat products, Milk, Poultry the Farm Credit System (FCS or smallest packers and wholesalers are and poultry products, Reporting and System), so that interested parties will large compared to the quantities recordkeeping requirements. have additional time to provide expected to be imported from Namibia. Accordingly, we propose to amend 9 comments. Furthermore, any impact on these CFR part 94 as follows: DATES: Please send your comments to us entities would likely be positive since by July 17, 2006. imports would increase the supply. PART 94—RINDERPEST, FOOT-AND- ADDRESSES: We have only limited information MOUTH DISEASE, FOWL PEST (FOWL Comments may be sent by with regard to the production, demand, PLAGUE), EXOTIC NEWCASTLE electronic mail to [email protected], price, trade of game meat, or the number DISEASE, AFRICAN SWINE FEVER, through the Pending Regulations section of small entities involved in these CLASSICAL SWINE FEVER, AND of our Web site at http://www.fca.gov or businesses. We welcome any BOVINE SPONGIFORM through the Government-wide http:// information that the public may offer in ENCEPHALOPATHY: PROHIBITED www.regulations.gov portal. You may this area. AND RESTRICTED IMPORTATIONS also send written comments to Gary K. The only alternative to the proposed Van Meter, Deputy Director, Office of rule would involve not changing the 1. The authority citation for part 94 Regulatory Policy, Farm Credit current regulations regarding the would continue to read as follows: Administration, 1501 Farm Credit Drive, importation of beef, sheep, and goat McLean, Virginia 22102–5090 or by fax meat and game meat from Namibia. This Authority: 7 U.S.C. 450, 7701–7772, 7781– to (703) 734–5784. 7786, and 8301–8317; 21 U.S.C. 136 and alternative would not meet the needs of 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and You may review copies of comments importers who are attempting to 371.4. we received at our office in McLean, establish a new source of supply for red Virginia, or from our Web site at meat and would deny both businesses § 94.1 [Amended] http://www.fca.gov. Once you are in the and consumers the benefits of widened Web site, select ‘‘Legal Info,’’ and then 2. Section 94.1 would be amended as choices. The proposed rule provides the select ‘‘Public Comments.’’ We will follows: safeguarding measures appropriate to show your comments as submitted, but the risk associated with importation of a. In paragraph (a)(2), by adding the for technical reasons we may omit items this type of animal product. The words ‘‘Namibia (excluding the region such as logos and special characters. proposed rule also enhances a positive north of the Veterinary Cordon Fence),’’ Identifying information you may trade environment between Namibia after the word ‘‘Mexico,’’. provide, such as phone numbers and and the United States. We note again b. In paragraph (a)(3), by removing the addresses, will be publicly available. that Namibia is not currently eligible to words ‘‘The Republic’’ and adding the However, we will attempt to remove export ruminant meat products to the words ‘‘Namibia and the Republic’’ in electronic-mail addresses to help reduce United States under the FSIS their place. Internet spam.

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FOR FURTHER INFORMATION CONTACT: 3245–AE65, by any of the following contract and subcontract awards for Jacqueline R. Melvin, Associate Policy methods: (1) The Federal eRulemaking each fiscal year. FASA also directed that Analyst, Office of Regulatory Policy, portal at http://www.regulations.gov; (2) WOSBs, like other small businesses and Farm Credit Administration, McLean, E-mail (include RIN number in the small disadvantaged businesses (SDBs), Virginia 22102–5090, (703) 883–4144, subject line) to: [email protected]; have the maximum practicable TTY (703) 883–4434; or Fax: (202) 205–6390; (3) Mail or Hand opportunity to become subcontractors Howard Rubin, Senior Counsel, Office Delivery/Courier to Linda Waters, for Federal contracts exceeding of General Counsel, Farm Credit Procurement Analyst, Office of Federal $100,000, and it mandated that WOSBs Administration, McLean, Virginia Contract Assistance for Women be included in subcontracting plans 22102–5090, (703) 883–4020, TTY (703) Business Owners, U.S. Small Business required under Section 8(d) of the Act, 883–4020. Administration, 409 3rd Street, SW., 15 U.S.C. 637(d). SUPPLEMENTARY INFORMATION: On March Washington, DC 20416. Federal Procurement Data System 28, 2006, FCA published a proposed FOR FURTHER INFORMATION CONTACT: (FPDS) data indicates that since fiscal rule in the Federal Register to amend Linda Waters, Procurement Analyst, year (FY) 1996, Federal agencies have regulations in parts 611, 612, 613, and Office of Federal Contract Assistance for not met the separate 5 percent 614 to reduce regulatory burden on Women Business Owners, (202) 205– government-wide WOSB goal for prime System banks and associations. The 7315 or [email protected]. contracts and subcontracts. However, comment period expired on May 30, the share of Federal prime contracting SUPPLEMENTARY INFORMATION: 2006. See 71 FR 15343, March 28, 2006. dollars to WOSBs has increased over the A member of the public has requested I. Background years. For example, in FY 2000, WOSBs received 2.3 percent of the us to extend the comment period for at Women-owned businesses have been approximately $200 billion in Federal least an additional 30 days. In response regarded as the fastest growing segment prime contract awards. The share of to this request, we are reopening the of the business community in the comment period until July 17, 2006. The WOSB prime contract awards increased United States. Although between 1997 to 2.49 percent in FY 2001, and again to FCA supports public involvement and and 2002 the growth rate in the number participation in its regulatory process 2.90, 2.98, and 3.03 percent in FYs of women-owned small businesses 2002, 2003 and 2004, respectively. and invites all interested parties to (WOSBs) was almost twice that of all review and provide comments on the Nonetheless, the total percent of WOSB firms, WOSBs have not received a prime contract awards stills falls short proposed rule. We believe that a commensurate increase in their share of reopening of the comment period to of the statutory goal of 5 percent. Federal contracting dollars. The Government Accountability allow all interested parties more time to Several congressional and executive provide comments is appropriate, but Office (GAO) published a report in efforts over the years to increase Federal February 2001 discussing the trends and that the reopening should be no longer contracting with WOSBs have not than 30 days. obstacles in Federal contracting with enhanced the WOSB share of Federal WOSBs since FY 1996. See Trends and Dated: June 8, 2006. contracting dollars as much as Challenges in Contracting With Women- Roland E. Smith, anticipated. For example, in 1979, when Owned Small Businesses, GAO–01–346. Secretary, Farm Credit Administration Board. Executive Order 12138 charged Federal In that report, GAO noted that [FR Doc. E6–9355 Filed 6–14–06; 8:45 am] agencies with responsibility for contracting officials complain that one BILLING CODE 6705–01–P providing procurement assistance to of the primary obstacles in achieving the women-owned businesses, WOSBs statutory five percent WOSB goal was received only 0.2 percent of all Federal the absence of a ‘‘targeted government SMALL BUSINESS ADMINISTRATION procurements. More than 9 years later, program for contracting with WOSBs.’’ the percentage of WOSB Federal Section 811 of the Small Business 13 CFR Parts 121, 125 and 127 procurements had grown to only one Reauthorization Act of 2000, Public Law percent. Similarly, in 1988, the RIN: 3245–AE65 106–554, provided such a mechanism. Women’s Business Ownership Act, Section 811, enacted on December 21, The Women-Owned Small Business Public Law 100–588 (Oct. 25, 1988), was 2000, amended the Act by adding a new Federal Contract Assistance Program enacted to assist women in starting, section 8(m), 15 U.S.C. 637(m), managing and growing small businesses. authorizing contracting officers to AGENCY: Small Business Administration. This program has been successful in restrict competition to eligible WOSBs ACTION: Proposed rule. assisting thousands of women in for certain Federal contracts in obtaining business financing and in industries in which SBA has SUMMARY: The U.S. Small Business business formation, but has enjoyed less determined that WOSBs are Administration (SBA) proposes to success in the Federal procurement underrepresented or substantially amend its regulations governing SBA’s arena. underrepresented in Federal government contracting programs. This Section 7106 of the Federal procurement. The new section 8(m) of proposed rule would add a new part to Acquisition Streamlining Act (FASA), the Act explicitly limits the contracting implement the Women-Owned Small Public Law 103–355 (Oct. 13, 1994), officer’s authority to restrict competition Business Federal Contract Assistance amended the Small Business Act (the to contracts not exceeding $3 million Program authorized under the Small Act) by establishing a target that would ($5 million for manufacturing). It further Business Reauthorization Act of 2000. It result in greater opportunities for requires SBA to conduct a study to would also make the relevant women to compete for Federal identify the industries in which WOSBs conforming amendments to SBA’s contracts. FASA, among other things, are underrepresented and substantially regulations. amended the Small Business Act (the underrepresented in Federal DATES: Comments must be received on Act) by establishing a government-wide procurement and requires the head of or before July 17, 2006. goal for participation by WOSBs in any department or agency to provide ADDRESSES: You may submit comments, procurement contracts of not less than SBA with any information that SBA identified by Agency name and RIN 5 percent of the total value of all prime deems necessary to conduct the study.

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To be eligible as a WOSB under WOSB Federal Contracting Assistance The proposed rule also uses several section 8(m) of the Act, the firm must Program. newly defined terms which SBA be a ‘‘small business concern owned Section 121.401 would be amended to developed for ease of reference to and controlled by women’’ as defined in add the Program to the list of various statutory requirements. For section 3(n) of the Act, 15 U.S.C. 632(n). government procurement programs example, the proposed rule uses the Section 8(m) also requires that such subject to size determinations. This term ‘‘economically disadvantaged concerns be at least 51 percent owned would subject EDWOSBs and WOSBs to WOSB’’ or ‘‘EDWOSB’’ to refer to the by one or more women who are size protests and determinations under Act’s requirement that certain WOSBs economically disadvantaged, except part 121 of title 13. be not less than 51 percent owned and with respect to procurements in Section 121.1001 also would be controlled by one or more women who industries in which SBA has amended by adding a new paragraph are economically disadvantaged. determined that WOSBs are (a)(9) to describe who may initiate a size Subpart B describes the eligibility substantially underrepresented in protest in connection with a particular requirements for qualification as an Federal contracting and has waived the requirement set aside under the EDWOSB or WOSB. Because the requirement for economically Program. That section would provide Program uses similar ownership, control disadvantaged women business owners. that any concern that submits an offer and economic disadvantage criteria as Section 8(m) of the Act requires SBA for a specific requirement set aside used in the 8(a) BD and SDB programs, to establish the standards for under the Program, the contracting this proposed rule similarly requires determining the eligibility of a concern officer, or the Associate Administrator that the concern be at least 51 percent as a WOSB or economically for Government Contracting or designee, unconditionally owned and controlled disadvantaged WOSB (EDWOSB). It also may protest the size of another offeror by one or more women who are United charges SBA with responsibility for for the particular requirement. States citizens. One notable exception is verifying a concern’s eligibility and it Section 121.1008 would be amended with respect to the application of community property laws. The Act provides the penalties for a concern’s by adding a sentence that requires the explicitly provides that ownership shall misrepresentation of its status as an SBA Government Contracting Area be determined without regard to any EDWOSB or WOSB. Director, or designee, to notify SBA’s community property laws. As a result, To implement the new section 8(m) of Assistant Administrator for Size § 127.201 precludes the application of the Act, this proposed rule would Standards of receipt of a size protest community property laws in ownership establish a WOSB Federal Contract involving a concern that is designated in determinations for purposes of the Assistance Program (the Program) to be the Central Contractor Registration Program. For reasons of consistency, the administered by SBA’s Office of (CCR) as a certified EDWOSB or WOSB. economic disadvantage requirement in Government Contracting. Although the Section 125.6 would be amended to § 127.203 has the same $750,000 Program would be considered part of provide that EDWOSBs and WOSBs threshold for personal net worth as does SBA’s government contracting programs awarded a set-aside contract under this the 8(a) BD program and the SDB set forth under part 125 of title 13 of the Program must satisfy certain program for purposes of determining a Code of Federal Regulations (CFR), for requirements if they intend to program participant’s continuing ease of reference, the proposed WOSB subcontract. These subcontracting eligibility. regulations would be contained in a limitations are applicable to small Subpart C of the proposed rule sets new part 127 of title 13. businesses awarded a contract as a forth the certification requirements for As proposed, the regulations provide result of their small business status. concerns that submit offers on the general definitions applicable to the Similar to the existing § 125.6(b) procurements set aside under the Program; specific eligibility governing set asides under the Service- Program. Section 8(m)(2)(F)(i) of the Act requirements for qualification as an Disabled Veteran-Owned Small authorizes certification by ‘‘a Federal EDWOSB or WOSB; the certification Business (SDVOSB) Program, the agency, a State government, or a procedures for the Program; the process proposed § 125.6(d) would allow an national certifying entity’’ approved by for SBA to verify the continuing EDWOSB or WOSB prime contractor to SBA. Consistent with that provision, eligibility of a concern; the contract utilize other WOSBs to help it meet the subpart C of this proposed rule assistance available under the Program; subcontracting requirements. This establishes the procedures for obtaining the relevant protest and appeal would afford WOSBs greater contracting EDWOSB or WOSB certification from procedures; and the applicable opportunities. SBA. penalties. The proposed rule also B. Addition of a New Part 127 It is noteworthy that Section provides conforming amendments 8(m)(2)(F)(ii) of the Act also authorizes necessary to integrate the Program into A new part 127 would be added to concerns to self-certify their status SBA’s size and government contracting title 13 of the CFR to provide the directly to the contracting officer, regulations. policies, procedures and requirements provided that their self-certifications SBA invites comment on all aspects of governing the Program. include adequate documentation in this proposed rule. Subpart A provides background accordance with standards established information concerning the Program. by SBA. However, based on prevailing II. Section-by-Section Analysis Specifically, §§ 127.100 and 127.101 Supreme Court precedent, the likely The following is a section-by-section describe the purpose, legal basis and disruption that such an approach would analysis of the proposed rule. assistance provided under the Program. have on the acquisition process as well Section 127.102 defines the relevant as the Agency’s goal of reducing the risk A. Conforming Amendments to Parts terms used in part 127. Many of those of fraud associated with the Program, 121 and 125 definitions are identical to or derived SBA has decided not to propose a self- The authority citation for 13 CFR part from the definitions provided in parts certification process for procurements 121 would be revised to include 15 121 and 124 of this title, governing set aside under the Program. In its 1995 U.S.C. 637(m), since part 121 would be SBA’s size, 8(a) Business Development decision Adarand v. Pen˜ a, 515 U.S. 200 amended to include references to the (BD) and SDB programs. (1995), the Supreme Court questioned

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the use of self-certifications in SBA seeks comments on the proposed which SBA has determined that WOSBs affirmative action contracting programs. certification procedures under subpart are either underrepresented or In addition, by requiring the submission C. SBA specifically invites commenters substantially underrepresented in of the supporting documentation to the to discuss alternative procedures to Federal procurement. Sections 127.501 contracting officer for review, Section better streamline the certification and 127.502 indicate how SBA will 8(m)(2)(F)(ii) essentially places the process. SBA also solicits comments on determine, identify and provide public responsibility for policing self- what, if any, additional safeguards SBA notice of those industries. certifications on contracting officers. should adopt to further protect the Those sections, like section 8(m) of That added responsibility would create integrity of the certification process. the Act, do not specify how SBA will extra work for acquisition officials and Proposed §§ 127.400 through 127.405 determine whether WOSBs are would likely result in delays and other under subpart D discuss the program underrepresented or substantially administrative inconveniences in the examination process for determining the underrepresented in a particular procurement process. Moreover, SBA continuing eligibility of a firm that is industry. Instead, § 127.501 provides certification, as authorized in section designated on CCR as a certified generally that at least every three years 8(m)(2)(F)(i) and as proposed here, EDWOSB or WOSB. Those sections SBA, or another entity authorized to act would reduce the likelihood of fraud explain when and how SBA will on its behalf, will conduct a study to and misrepresentation of WOSB status. conduct the program examination and identify the underrepresented or As a result, this proposed rule requires the decertification procedures SBA will substantially underrepresented certification by SBA in order for a follow when it is unable to verify that industries. As provided under § 8(m) of concern to be eligible to receive an a concern qualifies as an EDWOSB or the Act, § 127.501 also requires other award set aside under this Program. WOSB. Federal agencies to furnish SBA, or any Specifically, § 127.300 of this Proposed § 127.401 also explains the other entity SBA may designate for that proposed rule explains the purpose of distinctions between the program purpose, with data or information that EDWOSB or WOSB certification. That examination process and the EDWOSB SBA finds necessary to conduct the section indicates that SBA certification and WOSB protest mechanism provided study. It also explains the effective date and designation of the concern on CCR under the proposed subpart F. The of SBA’s designation of eligible as a certified EDWOSB or WOSB is proposed § 127.401 makes clear that the industries. Section 127.502 indicates program examination process is necessary before a concern may submit that SBA will post a list of the eligible intended to verify the continuing an offer for an EDWOSB or WOSB industries on its Internet Web site. requirement. The concern also must EDWOSB or WOSB eligibility of a SBA also proposes to publish a qualify as a small business for the concern generally, while an EDWOSB or separate Federal Register notice, particular procurement and must not WOSB status protest is designed to specifically detailing the methodology have been subject to any material determine the EDWOSB or WOSB used to analyze the participation of change in eligibility since its eligibility of a concern for a specific WOSBs in Federal contracting and to certification. procurement. The separate program Sections 127.301 through 127.303 examination procedures will assist in designate the industries that will be provide the specific procedures for maintaining the integrity of the eligible for restricted competition under obtaining EDWOSB and WOSB certification process by subjecting the Program. certification. As proposed, the certified concerns to random Section 127.503 addresses when a procedures are intended to impose the examinations of their EDWOSB and contracting officer is authorized to least burdensome application WOSB eligibility. Consequently, restrict competition under the Program. requirements and to simplify the program examinations will serve to It establishes a similar ‘‘rule-of-two’’ certification scheme by providing a supplement the protest mechanism by standard as used in small business set single certification process through monitoring the continuing eligibility of asides. That section further makes clear SBA. In particular, the proposed firms that claim EDWOSB and WOSB that contracting officers may only allow § 127.302 authorizes use of an SBA status. certified WOSBs to submit offers for electronic application process, with the Moreover, § 127.401(a) further requirements in industries in which electronic application to be made provides that if SBA is conducting a SBA has determined that WOSBs are available at a Web site to be determined program examination on a concern that substantially underrepresented and has when the final rule is published. To has submitted an offer on a pending waived the requirement for ownership maximize the use of existing EDWOSB or WOSB requirement and and control of the firm by economically certification programs, § 127.303 SBA has credible information that the disadvantaged women. describes the other program concern may not qualify as an EDWOSB Sections 127.504 and 127.505 certifications SBA will accept as or WOSB, SBA may file a protest under describe the additional requirements a EDWOSB or WOSB certifications for § 127.600 to challenge the concern’s concern must satisfy to submit an offer purposes of the Program, based on eligibility for award for the specific on an EDWOSB or WOSB requirement. SBA’s determination of the requirement. Section 127.504 indicates that in certification’s compliance with The provisions governing the addition to the certification governing EDWOSB and WOSB available Federal contract assistance requirements under subpart C, offerors eligibility requirements. under this program are set forth in on EDWOSB or WOSB requirements In an effort to minimize the burden on proposed subpart E. Sections 127.500 must also certify that they are small certified concerns, § 127.304 provides a through 127.502 discuss the industries under the size standard for the three-year certification period, and in which contracting officers are procurement and that they will comply § 127.305 sets forth streamlined authorized to restrict competition to with the limitations on subcontracting recertification procedures and EDWOSBs and WOSBs. As required rule set forth in § 125.6 of this title. notification of change obligations. These under section section 8(m) of the Act, Section 127.505 explains that an requirements ensure the continuing § 127.500 explains that contracting EDWOSB or WOSB that is a non- eligibility of concerns designated on officers may only restrict competition to manufacturer, as defined in CCR as certified EDWOSBs and WOSBs. EDWOSBs and WOSBs in industries in § 121.406(b), may submit an offer for an

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EDWOSB or WOSB requirement if it underrepresented in Federal implications warranting the preparation meets the requirements of § 121.406(b). procurement may be restricted to of a Federalism Assessment. Proposed § 127.506 provides the rules WOSBs that meet certain requirements. Paperwork Reduction Act governing joint venture relationships This rule will establish such involving WOSBs. That section provides requirements and the procedures For purposes of the Paperwork joint venture provisions that are necessary to administer the Program. Reduction Act, 44 U.S.C. Chapter 35, modeled after the SDB joint venture SBA has determined that this proposed 2. Alternative Approaches to Proposed rule imposes two new reporting regulations contained in § 124.1002(f). Rule The proposed Subpart F sets forth the requirements. The titles, descriptions of procedures for protesting the status of a Before proposing this rule, SBA respondents and the information concern as an EDWOSB or WOSB, evaluated the estimated costs and collections, along with an estimate of including the procedures for filing benefits of the alternatives. The primary the annual reporting burdens are protests, for rendering protest alternative SBA considered in discussed below. Included in the determinations and for appealing those implementing section 8(m) of the Act estimates is the time for reviewing determinations to SBA’s Associate was with respect to the provisions instructions, searching existing data Deputy Administrator for Government relating to the certification of firms that sources, gathering and maintaining the Contracting and Business Development claim EDWOSB or WOSB status. In data needed, and completing and (ADA/GC&BD). Sections 127.600 particular, section 8(m)(2)(F) provides reviewing each collection of through 127.602 describe who is that participants of the WOSB Program information. As required by the authorized to file and decide EDWOSB must be certified by a Federal agency, a Paperwork Reduction Act, SBA will also and WOSB status protests and the State government, or a national submit the two information collections permissible grounds for filing protests. certifying entity approved by the to OMB for review. Sections 127.603 through 127.606 Administrator, as a small business SBA invites comments on: (1) prescribe the applicable deadlines for concern owned and controlled by Whether the proposed collections of filing and determining EDWOSB and economically disadvantaged women. information are necessary for the proper WOSB protests and for appealing SBA’s In developing proposed regulations to performance of SBA’s functions, protest determinations. Unlike program implement those provisions, SBA including whether the information will examinations under the proposed considered the legislative provision have a practical utility; (2) the accuracy subpart D, protests are time sensitive under section 8(m)(2)(F)(ii) of the Small of SBA’s estimate of the burdens of the because they are tied to a particular Business Act. That section authorizes proposed collections of information, procurement. As a result, §§ 127.604 firms to self-certify their status as including the validity of the and 127.605 prescribe filing and EDWOSB and WOSB concerns and methodology and assumptions used; (3) decision deadlines to minimize undue submit the necessary supporting ways to enhance the quality, utility, and interruptions in the underlying documentation directly to the clarity of the information to be procurement. contracting officer for the particular collected; and (4) ways to minimize the The final section of the proposed part procurement. SBA has decided not to burden of the collections of information 127, subpart G, § 127.700, prescribes the adopt that approach because of the on respondents, including through the applicable penalties that may be possible constitutional infirmities use of automated collection techniques, imposed on any person or concern that associated with self-certification, the when appropriate, and other forms of misrepresents the status of a concern as probable delay in requiring contracting information technology. Please send comments by the closing an EDWOSB or WOSB for purposes of officers to review the supporting date for comment for this proposed rule receiving a benefit under the Program. documentation and the Agency’s desire Compliance with Executive Orders to reduce the risk of fraud. SBA to David Rostker, Office of Management 12866, 12988, and 13132, the determined that the alternative and Budget, Office of Information and Paperwork Reduction Act (44 U.S.C. Ch. approach proposed is the most cost- Regulatory Affairs, 725 17th Street, 35), and the Regulatory Flexibility Act (5 effective for both the government and NW., Washington, DC 20503, and to U.S.C. 601–612). WOSBs. The proposed approach Linda Waters, Procurement Analyst, provides for a simplified electronic Office of Federal Contract Assistance for Executive Order 12866 application process and for SBA to Women Business Owners, Small The Office of Management and Budget accept other Federal program Business Administration, 409 Third (OMB) has determined that this rule is certifications that it determines comply Street, SW., Washington, DC 20416. a ‘‘significant’’ regulatory action under with the EDWOSB and WOSB eligibility A. Application for Certification Executive Order 12866. The Regulatory requirements. The approach also is Title: Application for the Women- Impact Analysis is set forth below. consistent with SBA’s statutory responsibilities under section 8(m) of Owned Small Business (WOSB) Federal Regulatory Impact Analysis the Act to establish certification Contract Assistance Program standards and procedures. Certification. [No SBA Form Number] 1. Necessity of Regulation Summary: The proposed regulations This regulatory action is needed to Executive Order 12988 require concerns [that have not been implement section 8(m) of the Act, For purposes of Executive Order otherwise certified] seeking certification which was enacted as part of section 12988, SBA has drafted this proposed for the WOSB program to submit to SBA 811 of the Small Business rule, to the extent practicable, in an application, which demonstrates that Reauthorization Act of 2000, Public Law accordance with the standards set forth the concern meets the eligibility 106–554. Section 8(m) authorizes the in section 3 of that Order. requirements for the Program. Concerns creation of the WOSB Program. Under will be required to submit information this Program certain Federal contracts in Executive Order 13132 establishing that: (1) The concern is industries in which SBA has For purposes of Executive Order small as defined by SBA in 13 CFR part determined that WOSBs are 13132, SBA has determined that this 121, Small Business Size Regulations; underrepresented or substantially proposed rule has no Federalism (2) one or more women unconditionally

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and directly own at least 51% of the hours per annum, costing an aggregated SBA estimates that each of the 1,000 concern; (3) the woman or women who $750,000 for the year. WOSBs recertifying each year will need own at least 51% of the concern are approximately 30 minutes to complete B. Recertification United States citizens; and (4) if seeking the recertification form. SBA estimates certification as an EDWOSB, the 51% or Title: Recertification Form for the that the cost to complete this collection more owners are economically Women-Owned Small Business (WOSB) will be approximately $75.00 per half- disadvantaged, that is, their ability to Federal Contract Assistance Program. hour. Thus, the estimated aggregated compete in the free enterprise system [No SBA Form Number] burden is 500 hours per annum, costing has been impaired due to diminished Summary: According to the proposed an aggregated $75,000 for the year. capital and credit opportunities as regulations, EDWOSBs and WOSBs that Regulatory Flexibility Act compared to others in the same line of are designated as certified concerns on business. Concerns will be subject to CCR must recertify their eligibility to SBA has determined that this criminal, civil and administrative SBA every three years. The proposed rule establishing the WOSB penalties for making misrepresentations recertification form will require an Federal Contract Assistance Program or false statements in the application for authorized representative of a concern may have a significant economic impact certification as an EDWOSB or WOSB. that is listed on CCR as a certified on a substantial number of small entities Need and Purpose: Section 811 of the EDWOSB or WOSB to certify under the within the meaning of the Regulatory Small Business Reauthorization Act of penalty of perjury that it continues to Flexibility Act (RFA), 5 U.S.C. 601, et 2000 authorizes contracting officers to satisfy the eligibility requirements to seq. Accordingly, SBA has prepared an restrict competition to eligible WOSBs qualify as an EDWOSB or WOSB. Initial Regulatory Flexibility Analysis for certain Federal contracts in Specifically, the concern will certify (IRFA) addressing the impact of the WOSB Federal Contract Assistance industries in which SBA has that: (1) There has been no material Program in accordance with Section determined that WOSBs are change in circumstances that could 603, Title 5, of the United States Code. underrepresented or substantially affect the concern’s eligibility for the The IRFA examines the objectives and underrepresented in Federal WOSB program since such eligibility legal basis for the proposed rule; the procurement. Section 811 specifies the was last determined; and (2) SBA has kind and number of small entities that eligibility criteria for EDWOSBs and not decertified the concern, or otherwise may be affected; the projected WOSBs and requires SBA to establish determined that the concern does not recordkeeping, reporting, and other procedures for verifying the eligibility of qualify as a EDWOSB or WOSB. requirements; whether there are any concerns that claim that status. The Need and Purpose: As noted above, Federal rules that may duplicate, information submitted on the section 8(m) of the Small Business Act overlap, or conflict with the proposed application for certification will enable requires SBA to determine that all rule; and whether there are any SBA to verify that the concern qualifies concerns in the WOSB program meet significant alternatives to the proposed as an EDWOSB or WOSB. the eligibility requirements for rule. Description of Respondents: Concerns participation in the Program. As part of that are seeking certification as an this responsibility, SBA has an ongoing 1. What are the Reasons for, and EDWOSB or WOSB will submit this need to ensure that each concern Objectives of, the Proposed Rule? application. Concerns that have been certified as an EDWOSB or WOSB SBA is proposing to establish the certified under other Federal programs continues to meet the eligibility Women-Owned Small Business Federal (including SBA’s 8(a) and SDB requirements. The information Assistance Program pursuant to the SBA programs), and that satisfy EDWOSB submitted on the recertification form Reauthorization Act, Pub. L. 106–554, and WOSB eligibility requirements, will will enable SBA to verify that the enacted December 21, 2000. Section automatically qualify and will not need concern continues to qualify as an 8(m) of the Act created a ‘‘Procurement to submit this application. This program EDWOSB or WOSB. Program for Women-Owned Small has not yet been implemented; Description of Respondents: All Business Concerns’’ which authorizes therefore, there is no actual data to concerns that are designated on CCR as the use of ‘‘restricted competition’’ in measure the number of respondents or certified EDWOSBs and WOSBs are industries where WOSBs are the time to complete the certification. required to submit the recertification underrepresented in Federal However, because the certification form to SBA within 60 days prior to the procurement and when certain other requirements and procedures for the expiration of their three-year conditions are met. The purpose of the WOSB program will be similar to the certification period. Since the proposed proposed rule is to create an initial SDB, HUBZone and 8(a) certification regulations do not require concerns to framework and infrastructure for programs, SBA relied on its experience recertify their EDWOSB or WOSB status implementing this new program, with those programs as its basis for until two months before the expiration thereby providing a tool Federal arriving at the following estimates. of their three-year certification term, no agencies may eventually use to increase As of January 2006, there were concerns will recertify their status Federal contracting to WOSBs. approximately 76,000 WOSBs registered during the first two years of the The objective of this proposed rule is in CCR. SBA estimates that of this total, operation of the WOSB Program. to increase the amount of Federal approximately 16,500 WOSBs will Thereafter, SBA estimates that contract dollars awarded to WOSBs in ultimately seek certification from SBA, approximately 1,000 concerns will industries where they are currently at the rate of approximately 2,000 recertify their eligibility to SBA each underutilized. The program will assist concerns each year. SBA estimates that year. The estimated decline in the Federal agencies in achieving the each of these 2,000 applicants will need number of concerns recertifying relative Federal Government’s goal of awarding approximately 2.5 hours to complete the to the number of concerns that initially 5 percent of Federal contract dollars to certification application, at a cost of certified would more than likely be WOSBs, as provided in the Federal approximately $150.00 per hour. attributable to WOSBs not being eligible Acquisition Streamlining Act of 1994. Therefore, the estimated aggregate hour due to size or ownership, losing interest Federal procurement was nearly $300 burden for this certification is 5,000 in the program or ceasing operation. billion in FY 2004, of which $9.1 billion

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in Federal contracts, or 3 percent, went Program provides an example of a underrepresented industries are to WOSBs. similar program for certain designated identified, no supportable quantifiable entities that may reveal the level of estimate can be made on the potential 2. What is the Legal Basis for the interest and participation by WOSBs. benefits to WOSBs and impact on other Proposed Rule? SBA has found that not all businesses small businesses. However, SBA does This action, including publication of identified in CCR as minority-owned not expect that many, if any, contracts proposed rules, is authorized pursuant seek or are eligible for SBA-certified awarded through the 8(a), HUBZone, or to section 8(m) of SBA’s Reauthorization SDB status. Approximately 22 percent SDVOSB Programs ($14.3 billion in FY Act (Pub. L. 106–554), enacted of minority-owned small businesses 2004) will be re-competed as WOSB set- December 21, 2000, that authorizes a (MSB) registered in CCR have obtained aside contracts because those programs new mechanism for Federal contracting certified SDB status. In lieu of other also support socioeconomic goals that with WOSBs. indications, SBA assumes that a similar agencies strive to achieve through their 3. What is SBA’s description and experience will occur with WOSBs contracting activities. seeking SBA certification. Applying the estimate of the number of small entities 4. What are the Projected Reporting, 22 percent certified SDB to MSB ratio to to which the rule will apply? Recordkeeping, Paperwork Reduction the 75,000 CCR-registered WOSBs Act and Other Compliance The RFA directs agencies to provide results in approximately 16,500 Requirements? a description, and where feasible, an potentially certified WOSBs. Currently, estimate of the number of small 7,673 WOSBs are SBA-certified as SDB WOSBs are not required to be business concerns that may be affected or HUBZone firms, many of which are certified as such in order to contract by the proposed rules, if adopted. This likely to seek SBA-certified WOSB with the Federal Government. This will proposed rule would ultimately status. still be true if the proposed rule is establish in the Federal Acquisition The potential number of SBA-certified adopted. However, for a WOSB to Regulation (FAR) a new procurement WOSBs could be lower or higher than participate in the Program, it will have mechanism to benefit WOSBs. estimated. This proposed rule, if to be certified by SBA as a WOSB. This Therefore, WOSBs that compete for adopted, will affect SBA-certified provision ensures that the program is Federal contracts are the specific group WOSBs that participate in Federal narrowly tailored and participation is of small business concerns most directly procurement in industries where they restricted to qualified WOSBs. Similar affected by this proposed rule. This rule are underrepresented. Not all areas of provisions apply to WOSBs desiring to may also affect other small businesses to Federal procurement are likely to be participate in SBA’s 8(a) or SDB the extent that small businesses not designated as underrepresented, and program or the Department of owned and controlled by women may opportunities in some of the qualified Transportation’s Disadvantaged be excluded from competing for certain areas may be limited. Consequently, Business Enterprise program. SBA may Federal contracting opportunities. many otherwise-qualified WOSBs will accept WOSBs currently certified for The 2002 Survey of Business Owners not find WOSB-certified status as those programs when presented with published by the U.S. Bureau of the beneficial. evidence of the existing certification. Census reported 6,489,493 women- On the other hand, the estimated This certification requirement will owned businesses in the United States. number of SBA-certified WOSBs could have associated costs, i.e., labor costs, More than 900,000 of these businesses also be higher than 16,500. As other for participating WOSBs. At a have one or more paid employees. Most WOSBs realize that they can minimum, potential participants must women-owned businesses, however, do successfully compete in those qualified complete specific forms and provide not participate in the Federal industries where contracts may be adequate documentation. Documents contracting market. The information restricted to SBA-certified WOSBs, more include what a business would contained in the Federal Government’s WOSBs may pursue becoming qualified normally have on hand, e.g., ownership CCR provides the best source of and active participants in this market, records, tax records, etc. Firms applying information on businesses interested in especially those now participating in for certification will have to locate, copy Federal contracting, including state and local disadvantaged business and submit supporting documents. SBA information on businesses identified as enterprise contracting programs. estimates that the cost to complete these WOSBs. The proposed rule, if adopted, may activities will be approximately $150.00 In February 2005, approximately also affect non-WOSBs (firms not 51 per hour. After the tax and other 75,000 businesses represented percent owned and controlled by business papers for documentation are themselves as WOSBs in CCR as actual women) seeking Federal contracts for assembled, completing the form is or potential Federal contractors. The which competition has been restricted estimated to take about 2.5 hours. An potential number of WOSBs that could to participants in this program. The CCR estimated 2,000 firms per year are be direct beneficiaries of a program lists approximately 300,000 small expected to apply using the full form restricting certain Federal contracts to businesses that are not WOSBs. Among process and thus, the total cost is only WOSBs is likely to be much fewer these are 22,000 small businesses estimated to be $750,000 per year. The than the number of WOSBs registered in certified in the 8(a) and HUBZone paperwork burden on the WOSB CCR. Not all WOSBs will satisfy the Programs. applying for certification is estimated certification requirements for SBA- Additional contracting opportunities from SBA’s experience with SDB and certified EDWOSB and WOSB status. identified by Federal agencies as 8(a) applications that require similar Also, the expected benefits of the candidates to set aside for SBA-certified documentation to support the claim of Program may be less attractive to some WOSBs will come from new contracting economic disadvantage and 51 percent WOSBs than other programs designed to requirements and contracts currently ownership and control of the firm. assist small businesses. performed by small and large This rule also proposes a SBA estimates that up to 16,500 businesses. At this time, SBA cannot recertification process. However, to WOSBs over time may seek status as an estimate how the existing distribution of minimize the reporting burden on SBA-certified WOSB. SBA’s experience contracts by business type may change WOSBs, SBA is proposing that WOSBs with its SDB Certification and Eligibility by this proposed rule. Until the WOSB- recertify every three years instead of

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annually. The total cost associated with national certifying entity approved by Loan programs—business, Small the recertification process is expected to the Administrator, or a WOSB may businesses. be less than the certification process submit a certification to the contracting because the information required to be officer that it is a small business 13 CFR Part 125 submitted is far less. However, the labor concern owned and controlled by Government contracts, Government cost is expected to be the same $150 per women along with adequate procurement, Reporting and hour because the same level of documentation, in accordance with recordkeeping requirements, Small knowledge about the firm’s status will standards established by the businesses, Technical assistance. be necessary. It will take approximately Administration. As discussed earlier, 30 minutes to complete the SBA is proposing that it will be 13 CFR Part 127 recertification form and with 1,000 responsible for certifying businesses as Administrative practice and concerns expected to recertify their EDWOSBs and WOSBs. procedure, Government procurement, eligibility each year, the total cost of SBA decided to perform the Reporting and recordkeeping recertification will be approximately certification function based on requirements, Small businesses. $75,000. administrative and legal considerations. Accordingly, for the reasons stated in 5. What Relevant Federal Rules may SBA currently performs certifications the preamble, SBA proposes to amend Duplicate, Overlap, or Conflict with the for status as 8(a) firms, HUBZone firms, Rule? and SDBs. Because the Act uses similar 13 CFR chapter I as follows: ownership, control and economic SBA has not identified any relevant disadvantage criteria as used in the 8(a) PART 121—SMALL BUSINESS SIZE Federal rules currently in effect that BD and SDB Programs, SBA is able to REGULATIONS duplicate, overlap, or conflict with this efficiently utilize existing processes to 1. The authority citation for 13 CFR proposed rule. This ‘‘restricted determine the eligibility of businesses as part 121 is revised to read as follows: competition’’ program for WOSBs EDWOSBs and WOSBs. SBA also would be an addition to the small believes that such an approach would Authority: 15 U.S.C. 632, 634(b)(6), 636(b), business, SDB, HUBZone, SDVOSB and reduce the likelihood of fraud and 637, 644, and 662(5); and Pub. L. 105–135, 8(a) preference programs that agencies misrepresentation of WOSB status. sec. 401 et seq., 111 Stat. 2592; Pub. L. 106– currently administer. Because any An alternative approach would have 24, 113 Stat. 39. contract to a WOSB may also count businesses self-certify their status § 121.401 [Amended] toward the agency’s small business goal, directly to the contracting officer, this program enhances an agency’s provided that their self-certifications 2. Amend § 121.401 by adding the chances of meeting its goals in the other include adequate documentation in phrase ‘‘the Women-Owned Small preference programs as well as the 5 accordance with standards established Business (WOSB) Federal Contract percent WOSB goal. Where applicable, by SBA. However, based on prevailing Assistance Program,’’ after the phrase a WOSB contract can also count toward Supreme Court precedent, the likely ‘‘SBA’s HUBZone Program’’. other goals, such as SDVOSB or SDB. disruption that such an approach would 3. Amend § 121.1001 by adding a new Therefore, rather than duplicate, overlap have on the acquisition process as well paragraph (a)(9) to read as follows: or conflict with, the addition of the as the Agency’s goal of preventing fraud, WOSB program should complement SBA has decided not to propose a self- § 121.1001 Who may initiate a size protest or request a formal size determination? existing rules. Because agencies are not certification process for procurements required to use the Program, the issue of set aside under the Program. (a) * * * which preference program takes As described in this RFA’s discussion precedence should be mitigated. (9) For SBA’s WOSB Federal of reporting requirements and other Contracting Assistance Program, the 6. What Significant Alternatives did compliance issues, WOSBs will incur following entities may protest: SBA Consider that Accomplish the new costs associated with the (i) Any concern that submits an offer Stated Objectives and Minimize Any application process. However, SBA for a specific requirement set aside for Significant Economic Impact on Small believes that its proposed certification WOSBs or WOSBs owned by one or Entities? approach is more preferable than for more women who are economically The Regulatory Flexibility Act (RFA) potential bidders to submit the same disadvantaged (EDWOSB). information with each offer and, most requires agencies to identify alternatives (ii) The contracting officer; to the proposed rule in an effort to likely, to different contracting officers. (iii) The SBA Government Contracting ‘‘minimize any significant economic Not only could that entail higher costs Area Director; and impact of the proposed rule on small in the long run, it creates a potential for entities.’’ SBA has determined that the inconsistent and erroneous decisions. (iv) The Associate Administrator for proposed rule may have a significant SBA welcomes comments on this Government Contracting, or designee. economic impact on a substantial proposed rule’s RFA. Comments from * * * * * small entities concerning the affected 13 number of small entities. 4. Amend § 121.1008(a) by adding a CFR parts will be considered in This proposed rule would implement new sentence after the second sentence accordance with section 610 of the Act. a WOSB Federal Contracting Program as to read as follows: established by Section 811 of Pub. L. Such comments must be submitted 106–554 (15 U.S.C. 637(m)). Most of the separately and should cite 5 U.S.C. 601, § 121.1008 What happens after SBA provisions of this proposed rule reflect et seq. in correspondence. receives a size protest or a request for a formal size determination? requirements under that Program. The List of Subjects legislation does provide SBA with (a) * * * If the protest pertains to a alternative approaches for the 13 CFR Part 121 requirement set aside for WOSBs or certification of WOSBs. Specifically, a Government procurement, EDWOSBs, the Area Director will also WOSB may be certified by a Federal Government property, Grant programs— notify SBA’s Assistant Administrator for agency, a State government, or a business, Individuals with disabilities, Size Standards of the protest. * * *

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PART 125—GOVERNMENT PART 127—WOMEN-OWNED SMALL 127.506 May a joint venture submit an offer CONTRACTING PROGRAMS BUSINESS FEDERAL CONTRACT on an EDWOSB or WOSB requirement? ASSISTANCE PROGRAM Subpart F—Protests 5. The authority citation for 13 CFR Subpart A—General Provisions 127.600 Who may protest the status of a part 125 continues to read as follows: concern as an EDWOSB or WOSB? Authority: 15 U.S.C. 632(p), (q), 637, 644, 127.100 What is the purpose of part 127? 127.601 May a protest challenging the size and 657f. 127.101 What type of assistance is available and status of a concern as a EDWOSB or under part 127? WOSB be filed together? 6. Section 125.6 is amended by 127.102 What are the definitions of the 127.602 What are the grounds for filing an redesignating paragraphs (d) through (j) terms used in part 127? EDWOSB or WOSB status protest? as paragraphs (e) through (k), Subpart B—Eligibility Requirements To 127.603 What are the requirements for respectively, and by adding a new Qualify as an EDWOSB or WOSB filing an EDWOSB or WOSB protest? 127.604 How will SBA process an EDWOSB paragraph (d) to read as follows: 127.200 What are the requirements a or WOSB status protest? concern must meet to qualify as an 127.605 What are the procedures for § 125.6 Prime contractor performance EDWOSB or WOSB? appealing an EDWOSB or WOSB status requirements (limitations on 127.201 What are the requirements for protest decision? subcontracting). ownership of an EDWOSB and WOSB? * * * * * 127.202 What are the requirements for Subpart G—Penalties control of an EDWOSB or WOSB? (d) An economically disadvantaged 121.700 What penalties may be imposed 127.203 What are the rules governing the under this part? women-owned small business or requirement that economically women-owned small business (WOSB) disadvantaged women must own Authority: 15 U.S.C. 632, 634(b)(6), awarded a contract pursuant to EDWOSBs? 637(m), and 644. § 127.503 of this chapter may subcontract part of the contract Subpart C—Certification of EDWOSB or Subpart A—General Provisions WOSB Status provided: 127.300 What is the purpose of obtaining § 127.100 What is the purpose of part 127? (1) In the case of a contract for EDWOSB or WOSB certification? Section 8(m) of the Small Business services (except construction), the 127.301 How may a concern become Act authorizes certain procurement concern spends at least 50 percent of the certified as an EDWOSB or WOSB? mechanisms to increase Federal cost of the contract performance 127.302 What is the process for obtaining contracting opportunities for women- EDWOSB or WOSB certification from incurred for personnel on the concern’s owned small businesses (WOSBs) and to employees or the employees of other SBA? 127.303 What are the other program assist agencies in achieving their WOSB concerns designated as a certified participation goals mandated under WOSB in the Central Contractor certifications SBA will accept as EDWOSB or WOSB certifications for Section 15(g) of the Small Business Act. Registration (CCR); purposes of the WOSB Program? (2) In the case of a contract for general 127.304 How long does EDWOSB or WOSB § 127.101 What type of assistance is construction, the concern spends at certification last? available under part 127? least 15 percent of the cost of contract 127.305 How does a concern maintain This part authorizes contracting performance incurred for personnel on certification? officers to restrict competition to the concern’s employees or the Subpart D—Program Examinations eligible WOSBs for certain Federal contracts in industries in which the employees of other concerns designated 127.400 What is a program examination? as a certified WOSB in CCR; 127.401 What is the difference between a Small Business Administration (SBA) (3) In the case of a contract for program examination and an EDOWSB has determined that WOSBs are construction by special trade or WOSB status protest pursuant to underrepresented or substantially contractors, the concern spends at least subpart F of this part? underrepresented in Federal 25 percent of the cost of contract 127.402 How will SBA conduct a program procurement. examination? performance incurred for personnel on 127.403 What happens if SBA verifies the § 127.102 What are the definitions of the the concern’s employees or the concern’s eligibility? terms used in part 127? employees of other concerns designated 127.404 What happens if SBA is unable to For purposes of this part: as a certified WOSB in CCR; and verify a concern’s eligibility? 8(a) Business Development (8(a) BD) (4) In the case of a contract for Subpart E—Federal Contract Assistance concern means a concern that SBA has procurement of supplies or products certified as an 8(a) BD program 127.500 In what industries is a contracting (other than procurement from a non- participant. officer authorized to restrict competition AA/GC means SBA’s Associate manufacturer in such supplies or under this part? products), at least 50 percent of the cost 127.501 How will SBA determine the Administrator for Government of manufacturing the supplies or industries in which WOSBs are Contracting. products (not including the costs of underrepresented or substantially ADA/GC&BD means SBA’s Associate materials), will be performed by the underrepresented? Deputy Administrator for Government concern or other concerns designated as 127.502 How will SBA identify and provide Contracting and Business Development. a certified WOSB in CCR. notice of the industries that are eligible Central Contractor Registration (CCR) for EDWOSB or WOSB requirements? means the system that functions as the (5) In the case of a contract awarded 127.503 When is a contracting officer central registration and repository of under § 126.503 to a joint venture authorized to restrict competition under contractor data for the Federal formed in accordance with § 127.506, this part? government. CCR also serves as the the joint venture must perform the 127.504 What additional requirements must a concern satisfy to submit an offer on single portal for conducting searches of applicable percentage of work. small business contractors and as the * * * * * a EDWOSB or WOSB requirement? 127.505 May a non-manufacturer submit an authoritative source for identifying 7. Add a new part 127 to read as offer on an EDWOSB or WOSB contractors that are certified as 8(a) BD follows: requirement for supplies? program participants, small

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disadvantaged businesses, WOSBs and WOSB means a concern that is small ownership by a trust, such as a living EDWOSBs. Prospective Federal pursuant to part 121 of this chapter, and trust, may be treated as the functional contractors must be registered in CCR that is at least 51% owned and equivalent of ownership by a woman or prior to award of a contract or purchase controlled by one or more women in economically disadvantaged woman agreement, unless the award results accordance with §§ 127.200, 127.201 where the trust is revocable, and the from a solicitation issued on or before and 127.202. woman is the grantor, a trustee, and the May 31, 1998. WOSB requirement means a Federal sole current beneficiary of the trust. Certified concern means a concern requirement for services or supplies for (d) Ownership of a partnership. In the that is determined to qualify as an which a contracting officer has case of a concern that is a partnership, economically disadvantaged WOSB or restricted competition to eligible at least 51 percent of each class of WOSB by SBA or under another WOSBs. partnership interest must be program that SBA has determined unconditionally owned by one or more includes the same eligibility criteria as Subpart B—Eligibility Requirements To women. The ownership must be set forth in § 127.200. Qualify as an EDWOSB or WOSB reflected in the concern’s partnership Citizen means a person born or § 127.200 What are the requirements a agreement. For purposes of this naturalized in the United States. concern must meet to qualify as an requirement, general and limited Resident aliens and holders of EDWOSB or WOSB? partnership interests are considered permanent visas are not considered to (a) Qualification as an EDWOSB. To different classes of partnership interest. be citizens. qualify as an EDWOSB, a concern must (e) Ownership of a limited liability Concern means a firm that satisfies be: company. In the case of a concern that the requirements in § 121.105 this (1) A small business as defined in part is a limited liability company, at least chapter. 121 of this chapter; and 51 percent of each class of member Contracting officer has the meaning (2) Not less than 51 percent interest must be unconditionally owned given to that term in section 27(f)(5) of unconditionally and directly owned and by one or more women. the Office of Federal Procurement controlled by one or more women who (f) Ownership of a corporation. In the Policy Act (codified at 41 U.S.C. are United States citizens and are case of a concern that is a corporation, 423(f)(5)). economically disadvantaged. at least 51 percent of each class of Decertification or decertify means the (b) Qualification as a WOSB. To voting stock outstanding and 51 percent determination by SBA that a certified qualify as a WOSB, a concern must be: of the aggregate of all stock outstanding concern does not qualify as an (1) A small business as defined in part must be unconditionally owned by one economically disadvantaged WOSB or 121 of this chapter; and or more women. In determining as a WOSB. (2) Not less than 51 percent unconditional ownership of the Economically disadvantaged WOSB unconditionally and directly owned and concern, any unexercised stock options (EDWOSB) means a concern that is controlled by one or more women who or similar agreements held by a woman small pursuant to part 121 of this title are United States citizens. will be disregarded. However, any and that is at least 51% owned and unexercised stock option or other § 127.201 What are the requirements for agreement, including the right to controlled by one or more women who ownership of an EDWOSB and WOSB? are economically disadvantaged in convert non-voting stock or debentures (a) General. To qualify as an EDWOSB into voting stock, held by any other accordance with §§ 127.200, 127.201, or WOSB, one or more women must 127.202 and 127.203. An EDWOSB individual or entity will be treated as unconditionally and directly own at having been exercised. automatically qualifies as a WOSB. least 51 percent of the concern. EDWOSB requirement means a Ownership will be determined without § 127.202 What are the requirements for Federal requirement for services or regard to community property laws. control of an EDWOSB or WOSB? supplies for which a contracting officer (b) Requirement for unconditional (a) General. To qualify as an EDWOSB has restricted competition to EDWOSBs. ownership. To be considered or WOSB, the management and daily Immediate family member means unconditional, the ownership must not business operations of the concern must father, mother, husband, wife, son, be subject to any conditions, executory be controlled by one or more women. daughter, brother, sister, grandfather, agreements, voting trusts, or other Control by one or more women means grandmother, grandson, granddaughter, arrangements that cause or potentially that both the long-term decision making father-in-law, mother-in-law, son-in- cause ownership benefits to go to and the day-to-day management and law, and daughter-in-law. another. The pledge or encumbrance of administration of the business Interested party means any concern stock or other ownership interest as operations must be conducted by one or that submits an offer for a specific collateral, including seller-financed more women. EDWOSB or WOSB requirement. transactions, does not affect the (b) Managerial position and Primary industry classification means unconditional nature of ownership if experience. A woman must hold the the six digit North American Industry the terms follow normal commercial highest officer position in the concern Classification System (NAICS) code practices and the owner retains control (usually President or Chief Executive designation that best describes the absent violations of the terms. Officer) and must have managerial primary business activity of the (c) Requirement for direct ownership. experience of the extent and complexity concern. The NAICS code designations To be considered direct, the qualifying needed to run the concern. The woman are described in the NAICS manual women must own 51 percent of the manager need not have the technical available via the Internet at http:// concern directly. The 51 percent expertise or possess the required license www.census.gov/NAICS. ownership may not be through another to be found to control the concern if she Small disadvantaged business (SDB) business entity or a trust (including can demonstrate that she has ultimate means a concern that SBA has certified employee stock ownership trusts) that managerial and supervisory control over in accordance with subpart B of part 124 is, in turn, owned and controlled by one those who possess the required licenses of this chapter, and has listed on CCR or more women or economically or technical expertise. However, if a as an SDB. disadvantaged women. However, man possesses the required license and

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has an equity interest in the concern, he woman claiming economic the application, the applicant must may be found to control the concern. disadvantage, including her personal notify SBA of any material changes that (c) Limitation on outside employment. income for the past two years (including could affect its eligibility. The woman who holds the highest bonuses, and the value of company (b) Processing of application. SBA officer position of the concern may not stock given in lieu of cash), her personal will only process completed electronic engage in outside employment that net worth and the fair market value of applications submitted in accordance prevents her from devoting sufficient all of her assets, whether encumbered or with the application instructions. Any time and attention to the daily affairs of not, may be considered in determining incomplete applications will be the concern to control its management whether she is economically returned to the applicant unprocessed. and business operations. disadvantaged. At its discretion, SBA may request (d) Control over a partnership. In the (d) Transfers within two years. Assets additional information or request case of a partnership, one or more that a woman claiming economic clarification of information contained in women must serve as general partners, disadvantage transferred within two the application. Whenever practicable, with control over all partnership years of the date of the concern’s SBA will make its determination within decisions. certification will be attributed to the 30 calendar days after receipt of the (e) Control over a limited liability woman claiming economic disadvantage completed application. company. In the case of a limited if the assets were transferred to an (c) SBA decision. The AA/GC is liability company, one or more women immediate family member, or to a trust must serve as management members, authorized to approve or decline that has as a beneficiary an immediate EDWOSB or WOSB applications with control over all decisions of the family member. The transferred assets limited liability company. submitted to SBA. If the application is within the two-year period will not be approved, the AA/GC will send a (f) Control over a corporation. One or attributed to the woman if the transfer more women must control the Board of written notice of approval to the was: applicant and will automatically Directors of the concern. Women are (1) To or on behalf of an immediate designate the concern on CCR as a considered to control the Board of family member for that individual’s certified EDWOSB or WOSB, as Directors when either: education, medical expenses, or some (1) One or more women own at least appropriate. If the application is denied, other form of essential support; or 51 percent of all voting stock of the (2) To an immediate family member the AA/CAWBO will send a written concern, are on the Board of Directors in recognition of a special occasion, notice of denial to the applicant. The and have the percentage of voting stock such as a birthday, graduation, notice of denial will specify the basis of necessary to overcome any super anniversary, or retirement. the AA/GC’s decision. The decision of majority voting requirements; or the AA/GC is the final agency decision. (2) Women comprise the majority of Subpart C—Certification of EDWOSB § 127.303 What are the other program voting directors through actual numbers or WOSB Status or, where permitted by state law, certifications SBA will accept as EDWOSB or WOSB certifications for purposes of the § 127.300 What is the purpose of obtaining through weighted voting. WOSB Program? (g) Involvement in the concern by EDWOSB or WOSB certification? other individuals or entities. Men or Certification as an EDWOSB or WOSB (a) 8(a) BD and SDB certifications. other entities may be involved in the enables a concern to submit an offer for SBA will accept all current SBA- management of the concern and may be an EDWOSB or WOSB requirement for certified 8(a) BD or SDB women-owned stockholders, partners or limited which it qualifies, provided that the concerns in good standing as certified liability members of the concern. concern: EDWOSBs for purposes of this part and However, no males or other entity may (a) Is designated as a certified will automatically designate such exercise actual control or have the EDWOSB or WOSB on CCR; concerns on CCR as certified EDWOSBs. power to control the concern. (b) Qualifies as a small business SBA also will accept as certified concern for the particular procurement; EDWOSBs any WOSB that has § 127.203 What are the rules governing the graduated from the 8(a) BD program, requirement that economically and disadvantaged women must own (c) Has not been subject to any provided SBA determined that the EDWOSBs? material change in its circumstances concern continued to be eligible for the (a) General. To qualify as an since its certification as an EDWOSB or 8(a) BD program as part of an annual EDWOSB, the concern must be at least WOSB. review within the last 3 years and has 51% owned by one or more women who no information indicating that the firm § 127.301 How may a concern become may not be eligible for certification as are economically disadvantaged. A certified as an EDWOSB or WOSB? an EDWOSB. woman is economically disadvantaged To obtain EDWOSB or WOSB (b) Certifications from other programs. if she can demonstrate that her ability certification, a concern must apply for If a concern has a current, valid to compete in the free enterprise system SBA certification or must have a valid certification as a disadvantaged business has been impaired due to diminished certification recognized by SBA in enterprise (DBE) from a certifying entity capital and credit opportunities as accordance with § 127.303 of this part. compared to others in the same or of a Department of Transportation grant similar line of business. § 127.302 What is the process for recipient and is at least 51 percent (b) Limitation on personal net worth. obtaining EDWOSB or WOSB certification owned by one or more women, SBA In order to be considered economically from SBA? may adopt the DBE certification as an disadvantaged, the woman’s personal (a) Application. A concern seeking EDWOSB certification when determined net worth must be less than $750,000, EDWOSB or WOSB certification by SBA by the AA/GC or designee to be excluding her ownership interest in the must submit an electronic application to appropriate. SBA will maintain on its concern and equity in her primary SBA. The completed application must web site a list of all certifications from personal residence. demonstrate that the concern meets the other programs that it will accept for (c) Factors that may be considered. requirements for eligibility set forth in purposes of this part and information on The personal financial condition of the subpart B of this part. After submitting the procedures concerns must follow for

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SBA to adopt their certifications from of any change that could affect its protest relates and to future such programs. eligibility. Failure to provide written procurements. notification of the change may result in § 127.304 How long does an EDWOSB or the concern’s decertification pursuant to § 127.402 How will SBA conduct a WOSB certification last? program examination? § 127.404, and removal of the concern’s (a) General certification period. designation on CCR as a certified (a) Notification. No less than 5 Certification as an EDWOSB or WOSB EDWOSB or WOSB. SBA also may seek business days before commencing a will be effective for a period of 3 years the imposition of penalties under program examination, SBA will notify from the date SBA notifies the concern § 127.700. the concern in writing that it will in writing that SBA has approved its conduct a program examination to EDWOSB or WOSB application, Subpart D—Program Examinations determine the status of the concern as pursuant to § 127.302. an EDWOSB or WOSB. The notification (b) Extension of period. Where SBA § 127.400 What is a program examination? also will advise the concern that its determines in connection with a A program examination is an EDWOSB or WOSB eligibility will be program examination that a certified investigation by SBA to verify that a determined based on the status of the concern continues to qualify as an certified concern meets the EDWOSB or concern on the date of the notification. EDWOSB or WOSB, SBA will extend WOSB eligibility requirements at the (b) Request for information. SBA may the concern’s certification period for 3 time of the program examination. SBA request that the concern provide years from the date of SBA’s final may, in its sole discretion, perform a documentation and information related program examination and will amend program examination at any time after it to the concern’s EDWOSB or WOSB the concern’s CCR designation as a designates a concern in CCR as a eligibility. SBA may draw an adverse certified EDWOSB or WOSB to reflect certified EDWOSB or WOSB. inference where a concern fails to its extended 3 year certification period. cooperate in providing the requested (c) Early termination of period. Where § 127.401 What is the difference between a information. program examination and an EDWOSB or SBA determines in connection with a WOSB status protest pursuant to subpart F § 127.403 What happens if SBA verifies the program examination or protest that a of this part? concern’s eligibility? concern does not qualify as an EDWOSB (a) Program examination. A program If SBA verifies that the concern or WOSB, SBA will immediately satisfies the applicable EDWOSB or decertify the concern and remove its examination is the formal process through which SBA verifies and WOSB eligibility requirements at the CCR designation as a certified EDWOSB time of the program examination, then or WOSB. monitors the continuing eligibility of a concern that is designated on CCR as a the AA/GC will send the concern a § 127.305 How does a concern maintain certified EDWOSB or WOSB. For written decision to that effect and will certification? purposes of a program examination, extend the concern’s EDWOSB or (a) Re-certification. To remain SBA will determine the eligibility of a WOSB certification period indicated in certified without any interruption in its concern as of the date SBA notifies the CCR for a period of 3 years from the date certification term, a certified concern concern that it will conduct the program of SBA’s decision. must submit to the AA/GC or designee examination. SBA’s program § 127.404 What happens if SBA is unable within 60 days of the expiration of its examination determination will apply to verify a concern’s eligibility? certification term, a written certification only to solicitations issued on or after (a) Notice of proposed de- as to its continued eligibility. the date of the determination. If SBA is certification. If SBA is unable to verify (1) The certification must be in conducting a program examination on a that the concern qualifies as an writing, must represent that there has concern that has submitted an offer on EDWOSB or WOSB at the time of the been no material change in a pending EDWOSB or WOSB program examination, then the AA/GC circumstances that could affect the procurement and SBA has credible will send the concern a written notice concern’s eligibility as an EDWOSB or information that the concern may not proposing to decertify the concern. The WOSB, and must be signed by a duly qualify as an EDWOSB or WOSB, then notice will set forth the specific reasons authorized representative of the SBA may initiate a protest pursuant to for the proposed decertification and will concern. § 127.600, to suspend award of the notify the concern that it has 15 (2) SBA will notify the firm in writing contract for 15 days pending SBA’s calendar days from the date it receives once it has completed processing the determination of the concern’s the notice to respond to the proposed written certification and will extend the eligibility. decertification. concern’s certification period listed on (b) EDWOSB or WOSB protests. An (b) SBA determination. Following the CCR for an additional 3 years from the EDWOSB or WOSB status protest 15-day response period, the AA/GC or date of SBA’s written notification. If provides a mechanism for challenging designee will consider the reasons for SBA obtains information that indicates or verifying the EDWOSB or WOSB the proposed decertification and any that the concern may no longer qualify eligibility of a concern in connection information the concern submitted in as an EDWOSB or WOSB, SBA will with a specific EDWOSB or WOSB response, and will issue a decision as conduct a program examination requirement. SBA will process follows: pursuant to subpart D of this part. EDWOSB or WOSB protests in (1) If SBA verifies that the concern (3) A concern’s failure to submit a accordance with the procedures and qualifies as an EDWOSB or WOSB at the written certification of its continued time frame set forth in subpart F, and time of the program examination, then eligibility before the expiration of its will determine the EDWOSB or WOSB the AA/GC will send the concern a certification term will result in the eligibility of the protested concern as of decision to that effect and will extend removal of its designation on CCR as a the date the concern represented its the concern’s EDWOSB or WOSB CCR certified EDWOSB or WOSB. EDWOSB or WOSB status as part of its designation for a period of 3 years from (b) Notification of change. A certified initial offer including price. SBA’s the date of the decision. EDWOSB or WOSB must immediately protest determination will apply to the (2) If SBA determines that the concern notify the AA/GC or designee in writing specific procurement to which the does not qualify as an EDWOSB or

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WOSB, then the AA/GC will notify the industries for EDWOSB or WOSB SBA consented to release the concern in writing that it is decertified contracts will apply to solicitations that requirement from the 8(a) BD program. and will remove the concern’s are issued on or after the effective date designation as an EDWOSB or WOSB on of the determination. The effective date § 127.504 What additional requirements must a concern satisfy to submit an offer CCR. The decertification notice will of the determination of eligible on an EDWOSB or WOSB requirement? explain the basis of the determination. industries will be no less than 30 days (3) The decertification notice after its publication date. In order for a concern to submit an constitutes the final agency decision. offer on a specific EDWOSB or WOSB The decertification notice is effective § 127.502 How will SBA identify and requirement, the concern must certify at immediately and applies to solicitations provide notice of the industries that are the time it submits its offer to the eligible for EDWOSB or WOSB issued on or after the date of the notice. contracting officer that: requirements? (a) It is small under the size standard Subpart E—Federal Contract SBA will post a list of the industries corresponding to the NAICS code Assistance eligible for EDWOSB and WOSB assigned to the contract; requirements on its Internet web site. (b) It is listed on CCR as a certified § 127.500 In what industries is a The list of eligible industries also may EDWOSB or WOSB; contracting officer authorized to restrict be obtained from the local SBA district competition under this part? (c) There has been no material change office and may be posted on the General A contracting officer may restrict in its ownership or any other Services Administration Internet Web circumstances affecting its EDWOSB or competition under this part only in site. those industries in which SBA has WOSB eligibility; and determined that WOSBs are § 127.503 When is a contracting officer (d) It will meet the applicable underrepresented or substantially authorized to restrict competition under this percentages of work requirement as set underrepresented in Federal part? forth in § 125.6 of this chapter procurement. (a) EDWOSB requirements. For (limitations on subcontracting rule). requirements in industries in which § 127.505 May a non-manufacturer submit § 127.501 How will SBA determine the SBA has determined that WOSBs are industries in which WOSBs are an offer on an EDWOSB or WOSB underrepresented or substantially underrepresented, a contracting officer requirement for supplies? underrepresented? may restrict competition to certified An EDWOSB or WOSB that is a non- (a) Determination of eligible EDWOSBs, if the contracting officer has manufacturer, as defined in § 121.406(b) industries. At least once every three a reasonable expectation that: of this chapter, may submit an offer on years, SBA, or other authorized entities, (1) Two or more EDWOSBs will an EDWOSB or WOSB contract for will conduct a study to identify the submit offers for the contract; supplies, if it meets the requirements industries in which WOSBs are (2) The anticipated award price of the under the non-manufacturer rule set underrepresented or substantially contract (including options) does not forth in § 121.406(b). underrepresented in Federal exceed $5,000,000, in the case of a § 127.506 May a joint venture submit an contracting. The study will include an contract assigned an NAICS code for manufacturing; or $3,000,000, in the offer on an EDWOSB or WOSB analysis of the extent of the requirement? participation and utilization of WOSBs case of all other contracts; and A joint venture may submit an offer in Federal contracting. Based upon that (3) Contract award may be made at a on an EDWOSB or WOSB contract if the analysis, SBA will designate by the 3- fair market price. joint venture meets all of the following digit NAICS Industry Subsector the (b) WOSB requirements. For requirements: eligible industries as follows: requirements in industries in which (1) Industries in which SBA has SBA has determined that WOSBs are (a) Except as provided in determined that WOSBs are substantially underrepresented and has § 121.103(h)(3) of this chapter, the underrepresented or substantially waived the requirement for WOSB 51 combined annual receipts or employees underrepresented in Federal contracting percent ownership and control by of the concerns entering into the joint will be designated as industries eligible economically disadvantaged women, a venture must meet the applicable size for EDWOSB requirements; and contracting officer may restrict standard corresponding to the NAICS (2) Industries in which SBA has competition to certified WOSBs, if the code assigned to the contract; determined that WOSBs are contracting officer has a reasonable (b) The EDWOSB or WOSB substantially underrepresented in expectation that: participant of the joint venture must be Federal contracting and has waived the (1) Two or more WOSBs will submit designated on CCR as a certified requirement for WOSB ownership and offers for the contract; EDWOSB or WOSB; control by economically disadvantaged (2) The anticipated award price of the (c) The EDWOSB or WOSB must be women, will be designated as industries contract (including options) does not the managing venturer of the joint eligible for EDWOSB and WOSB exceed $5,000,000, in the case of a venture, and an employee of the requirements. contract assigned an NAICS code for managing venturer must be the project (b) Data collection. In determining the manufacturing; or $3,000,000, in the manager responsible for the extent of WOSB participation and case of all other contracts; and performance of the contract; utilization in Federal contracting, SBA (3) Contract award may be made at a (d) The joint venture must perform may request that the head of any Federal fair market price. any applicable percentage of work department or agency provide SBA, or (c) 8(a) BD requirements. A required of the EDWOSB or WOSB other designated entity, data or contracting officer may not restrict offerors in accordance with § 125.6 of information necessary to analyze the competition to eligible WOSBs if an 8(a) this chapter (limitations on extent of WOSB participation in Federal BD concern is currently performing the subcontracting rule); and contracting. requirement or SBA has accepted the (e) The EDWOSB or WOSB venturer (c) Effective date of determination. requirement for performance under the must perform a significant portion of the SBA’s determination of eligible authority of the 8(a) BD program, unless contract.

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Subpart F—Protests submit its protest by close of business dismiss the protest and will send the on the fifth business day after contracting officer and the protestor a § 127.600 Who may protest the status of a notification by the contracting officer of notice of dismissal, citing the reason(s) concern as an EDWOSB or WOSB? the apparent successful offeror. for the dismissal. Notwithstanding An interested party, the procuring (2) For sealed bid acquisitions, an SBA’s dismissal of the protest, SBA agency contracting officer or SBA may interested party must submit its protest may, in its sole discretion, consider the protest the EDWOSB or WOSB status of by close of business on the fifth protest allegations in determining an apparent successful offeror on an business day after bid opening. whether to conduct a program EDWOSB or WOSB contract. Any other (3) Any protest submitted after the examination of the protested concern party or individual may submit time limits is untimely, unless it is from pursuant to subpart D of this part. information to the contracting officer or SBA or the contracting officer. A (c) Notice to protested concern. If SBA SBA in an effort to persuade them to contracting officer and SBA may file an determines that the protest is timely, initiate a protest or to persuade SBA to EDWOSB or WOSB protest at any time sufficiently specific and is based upon conduct a program examination after offers are opened. protestable allegations, SBA will: pursuant to subpart D of this part. (4) Any protest received prior to bid (1) Notify the protested concern of the opening or notification of intended § 127.601 May a protest challenging the protest and of its right to submit size and status of a concern as an EDWOSB awardee, whichever applies, is information responding to the protest or WOSB be filed together? premature. within five business days from the date (d) Referral to SBA. The contracting of the notice; and An interested party seeking to protest officer must forward to SBA any non- both the size and the EDWOSB or (2) Forward a copy of the protest to premature protest received, the protested concern. WOSB status of an apparent successful notwithstanding whether he or she offeror on an EDWOSB or WOSB (d) Time period for determination. believes it is sufficiently specific or SBA will determine the EDWOSB or requirement must file two separate timely. The contracting officer must protests, one size protest pursuant to WOSB status of the protested concern send all such protests, along with a within 15 business days after receipt of part 121 of this chapter and one referral letter, directly to the Associate EDWOSB or WOSB status protest the protest, or within any extension of Administrator for Government that time that the contracting officer pursuant to this subpart. An interested Contracting, U.S. Small Business party seeking to protest only the size of may grant SBA. If SBA does not issue Administration, 409 Third Street, SW., its determination within the 15-day an apparent successful EDWOSB or Washington, DC 20416 or by fax to (202) WOSB offeror must file a size protest to period, the contracting officer may 205–6390, marked Attn: Women-Owned award the contract, unless the the contracting officer pursuant to part Small Business Status Protest. The 121 of this chapter. contracting officer has granted SBA an contracting officer’s referral letter must extension. § 127.602 What are the grounds for filing include information pertaining to the (e) Notification of determination. SBA an EDWOSB or WOSB status protest? solicitation that may be necessary for will notify the contracting officer, the SBA will consider a protest SBA to determine timeliness and protestor, and the protested concern in challenging the status of a concern as an standing, including: the solicitation writing of its determination. If SBA EDWOSB or WOSB if the protest number; the name, address, telephone sustains the protest, SBA will decertify presents credible evidence that the number and facsimile number of the the concern and remove its designation concern is not owned and controlled by contracting officer; whether the on CCR as a certified EDWOSB or one or more women who are United protestor submitted an offer; whether WOSB, as appropriate. States citizens and, if the protest is in the protested concern was the apparent (f) Effect of determination. SBA’s connection with an EDWOSB contract, successful offeror; when the protested determination is effective immediately that the concern is not at least 51% concern submitted its offer; whether the and is final unless overturned by ADA/ owned and controlled by one or more procurement was conducted using GC&BD on appeal. women who are economically sealed bid or negotiated procedures; the bid opening date, if applicable; when § 127.605 What are the procedures for disadvantaged. appealing an EDWOSB or WOSB status the protest was submitted to the protest decision? § 127.603 What are the requirements for contracting officer; when the protestor filing an EDWOSB or WOSB protest? received notification about the apparent (a) Parties authorized to appeal. The (a) Format. Protests must be in writing successful offeror, if applicable; and protested concern, the protestor, or the and must specify all the grounds upon whether a contract has been awarded. contracting officer may file appeals of which the protest is based. A protest The AA/GC or designee will decide the protest determinations with the ADA/ merely asserting that the protested merits of EDWOSB or WOSB status GC&BD. concern is not an eligible EDWOSB or protests. (b) Timeliness of appeal. The ADA/ WOSB, without setting forth specific GC&BD must receive the appeal no later facts or allegations, is insufficient. § 127.604 How will SBA process an than five business days after the date of (b) Filing. Protestors may deliver their EDWOSB or WOSB status protest? receipt of the protest determination. written protests in person, by facsimile, (a) Notice of receipt of protest. Upon SBA will dismiss any appeal received by express delivery service, or by U.S. receipt of the protest, SBA will notify after the five-day period. mail (postmarked within the applicable the contracting officer and the protestor (c) Method of submission. The party time period) to the following: of the date SBA received the protest and appealing the decision may deliver its (1) To the contracting officer, if the whether SBA will process the protest or appeal in person, by facsimile to (202) protestor is an interested party; or dismiss it under paragraph (b) of this 205–6390, by express delivery service or (2) To the AA/GC, if the protest is section. by U.S. mail (postmarked within the initiated by the contracting officer or (b) Dismissal of protest. If SBA applicable time period) to Associate SBA. determines that the protest is premature, Deputy Administrator of Government (c) Timeliness. (1) For negotiated untimely, nonspecific, or is based on Contracting and Business Development, acquisitions, an interested party must nonprotestable allegations, SBA will U.S. Small Business Administration,

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409 Third Street, SW., Washington, DC U.S.C. 3729–3733 and under the consequent rapid decompression of the 20416, marked Attn: Women-Owned Program Fraud Civil Remedies Act, 31 airplane. Small Business Status Appeal. U.S.C. 3801–3812; DATES: We must receive comments on (d) Notice of appeal. The party (c) Administrative and criminal this proposed AD by July 17, 2006. bringing an appeal must provide notice remedies as described at sections 16(a) ADDRESSES: Use one of the following of the appeal to the contracting activity and (d) of the Small Business Act, 15 addresses to submit comments on this contracting officer and either the U.S.C. 645(a) and (d), as amended; proposed AD. protested concern or original protestor, (d) Criminal penalties under 18 U.S.C. • DOT Docket Web site: Go to as appropriate. 1001; and http://dms.dot.gov and follow the (e) Grounds for appeal. (1) SBA will (e) Any other penalties as may be instructions for sending your comments re-examine a protest determination only available under law. electronically. if the appeal demonstrates that there Dated: February 24, 2006. • Governmentwide rulemaking Web was a clear and significant error in the Hector V. Barreto, site: Go to http://www.regulations.gov processing of the protest or if the AA/ Administrator. and follow the instructions for sending GC failed completely to consider a your comments electronically. significant fact contained within the [FR Doc. 06–5354 Filed 6–14–06; 8:45 am] • Mail: Docket Management Facility; information supplied by the protestor or BILLING CODE 8025–01–P U.S. Department of Transportation, 400 the protested concern. (2) SBA will not consider additional Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590. information or changed circumstances DEPARTMENT OF TRANSPORTATION • that were not disclosed at the time of Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on SBA’s protest decision or that are based Federal Aviation Administration the plaza level of the Nassif Building, on disagreement with the findings and 400 Seventh Street, SW., Washington, conclusions contained in the 14 CFR Part 39 determination. DC, between 9 a.m. and 5 p.m., Monday [Docket No. FAA–2006–25047; Directorate through Friday, except Federal holidays. (f) Contents of appeal. The appeal Identifier 2006–NM–028–AD] must be in writing. The appeal must Contact Airbus, 1 Rond Point Maurice identify the protest determination being RIN 2120–AA64 Bellonte, 31707 Blagnac Cedex, France, for service information identified in this appealed and set forth a full and Airworthiness Directives; Airbus Model specific statement as to why the proposed AD. A300 B4–600, B4–600R, and F4–600R FOR FURTHER INFORMATION CONTACT: Tom decision is erroneous or what significant Series Airplanes, and Model A300 C4– fact the AA/GC failed to consider. Stafford, Aerospace Engineer, 605R Variant F Airplanes (Collectively (g) Completion of appeal after award. International Branch, ANM–116, FAA, Called A300–600 Series Airplanes) An appeal may proceed to completion Transport Airplane Directorate, 1601 even after award of the contract that AGENCY: Federal Aviation Lind Avenue, SW., Renton, Washington prompted the protest, if so desired by Administration (FAA), Department of 98055–4056; telephone (425) 227–1622; the protested concern, or where the AA/ Transportation (DOT). fax (425) 227–1149. GC&BD determines that a decision on ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: appeal is meaningful. (NPRM). (h) Decision. The ADA/GC&BD will Comments Invited make a decision within five business SUMMARY: The FAA proposes to We invite you to submit any relevant days of receipt of the appeal, if supersede an existing airworthiness written data, views, or arguments practicable, and will base his or her directive (AD) that applies to certain regarding this proposed AD. Send your decision only on the information and Airbus Model A300–600 series comments to an address listed in the documentation in the protest record as airplanes. The existing AD currently ADDRESSES section. Include the docket supplemented by the appeal. SBA will requires repetitive eddy current number ‘‘Docket No. FAA–2006–25047; provide a copy of the decision to the inspections to detect cracks of the outer Directorate Identifier 2006–NM–028– contracting officer, the protestor, and skin of the fuselage at certain frames, AD’’ at the beginning of your comments. the protested concern, consistent with and repair or reinforcement of the We specifically invite comments on the law. The ADA/GC&BD’s appeal decision structure at the frames, if necessary. The overall regulatory, economic, is the final agency decision. existing AD also requires eventual environmental, and energy aspects of reinforcement of the structure at certain the proposed AD. We will consider all Subpart G—Penalties frames, which, when accomplished, comments received by the closing date § 127.700 What penalties may be imposed terminates the repetitive inspections. and may amend the proposed AD in under this part? This proposed AD would add, for light of those comments. Persons or concerns that falsely airplanes that were previously We will post all comments we certify or otherwise misrepresent a reinforced but not repaired in receive, without change, to http:// concern’s status as an EDWOSB or accordance with the existing AD, a one- dms.dot.gov, including any personal WOSB for purposes of receiving Federal time inspection for cracking of the information you provide. We will also contract assistance under this part are fuselage outer skin at frames 28A and post a report summarizing each subject to: 30A above stringer 30, and repair if substantive verbal contact with FAA (a) Suspension or debarment pursuant necessary. This proposed AD results personnel concerning this proposed AD. to the procedures set forth in part 145 from a report that the previously Using the search function of that Web of this title, and in the Federal required actions were not sufficient to site, anyone can find and read the Acquisition Regulations, subpart 9.4 of correct cracking before the structural comments in any of our dockets, title 48 of the Code of Federal reinforcement was installed. We are including the name of the individual Regulations; proposing this AD to prevent such who sent the comment (or signed the (b) Administrative and civil remedies fatigue cracking, which could result in comment on behalf of an association, prescribed by the False Claims Act, 31 reduced structural integrity, and business, labor union, etc.). You may

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review the DOT’s complete Privacy Act information for accomplishing the cracking of the fuselage outer skin at Statement in the Federal Register reinforcement required by AD 97–14– frames 28A and 30A above stringer 30, published on April 11, 2000 (65 FR 02. and repair if necessary. 19477–78), or you may visit http:// Airbus has also issued Service Differences Between the Proposed AD dms.dot.gov. Bulletin A300–53–6045, Revision 03, dated October 28, 2004. The procedures and the French Airworthiness Directive Examining the Docket in the service bulletin are essentially the Although Service Bulletin A300–53– You may examine the AD docket on same as the procedures in Airbus 6045, Revision 03, which is cited in the the Internet at http://dms.dot.gov, or in Service Bulletin A300–53–6045, dated French airworthiness directive, specifies person at the Docket Management March 21, 1995, which was referenced to contact the manufacturer for Facility office between 9 a.m. and 5 as an appropriate source of service instructions on how to repair certain p.m., Monday through Friday, except information for accomplishing the conditions, this proposed AD would Federal holidays. The Docket inspections required by AD 97–14–02. require repairing those conditions using Management Facility office (telephone However, this service bulletin specifies a method that we or the DGAC (or its (800) 647–5227) is located on the plaza that additional work is required for delegated agent) approve. In light of the level of the Nassif Building at the DOT airplanes that were previously modified type of repair that would be required to street address stated in the ADDRESSES in accordance with any revision of address the unsafe condition, and section. Comments will be available in Airbus Service Bulletin A300–53–6037. consistent with existing bilateral the AD docket shortly after the Docket The additional work is an eddy current airworthiness agreements, we have Management System receives them. inspection for cracking of the fuselage determined that, for this proposed AD, outer skin at frames 28A and 30A above Discussion a repair we or the DGAC approve would stringer 30. If no crack is found, the be acceptable for compliance with this On June 23, 1997, we issued AD 97– service bulletin specifies that no further proposed AD. 14–02, amendment 39–10059 (62 FR action is necessary. If any crack is This proposed AD would require only 35072, June 30, 1997), for certain Airbus found, the service bulletin specifies the actions for airplanes specified as Model A300–600 airplanes. That AD contacting Airbus for repair Configuration 02 in the French requires repetitive eddy current instructions. airworthiness directive. AD 97–14–02 inspections to detect cracks of the outer Accomplishing the actions specified did not allow for flight with cracks, skin of the fuselage at certain frames, in the service information is intended to which is specified for Configuration 01 and repair or reinforcement of the adequately address the unsafe airplanes in the French airworthiness structure at the frames, if necessary. condition. The Direction Ge´ne´rale de directive. Therefore, the actions That AD also requires eventual l’Aviation Civile (DGAC), which is the described for Configuration 01 airplanes reinforcement of the structure at certain airworthiness authority for France, do not apply to this proposed AD. frames, which, when accomplished, mandated the service information and terminates the repetitive inspections. issued French airworthiness directive Changes to Existing AD That AD resulted from a report F–2005–002, dated January 5, 2005, and This proposed AD would retain all indicating that fatigue cracks were corrected February 16, 2005, to ensure requirements of AD 97–14–02. Since AD found in the area of certain frames. We the continued airworthiness of these 97–14–02 was issued, the AD format has issued that AD to prevent such fatigue airplanes in France. been revised, and certain paragraphs cracking, which could reduce the FAA’s Determination and Requirements have been rearranged. As a result, the structural integrity of the airframe and of the Proposed AD corresponding paragraph identifiers result in rapid decompression of the have changed in this proposed AD, as airplane. These airplane models are manufactured in France and are type listed in the following table: Actions Since Existing AD Was Issued certificated for operation in the United Since we issued AD 97–14–02, the States under the provisions of section REVISED PARAGRAPH IDENTIFIERS manufacturer has reported that the 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the Corresponding previously required actions were not Requirement in requirement in sufficient to correct cracking before the applicable bilateral airworthiness AD 97–14–02 this proposed structural reinforcement was installed. agreement. Pursuant to this bilateral AD Cracks detected in accordance with airworthiness agreement, the DGAC has Airbus Service Bulletin A300–53–6045, kept the FAA informed of the situation Paragraph (a) ...... Paragraph (f). dated March 21, 1995; Revision 01, described above. We have examined the Paragraph (b) ...... Paragraph (g). dated August 25, 1997; or Revision 02, DGAC’s findings, evaluated all pertinent dated May 2, 1999; may not have been information, and determined that AD We have revised this action to clarify corrected in accordance with the action is necessary for airplanes of this the appropriate procedure for notifying temporary repair defined in the service type design that are certificated for the principal inspector before using any bulletin, which was referenced in AD operation in the United States. approved alternative method of 97–14–02. This proposed AD would supersede compliance (AMOC) on any airplane to AD 97–14–02 and would retain the which the AMOC applies. Relevant Service Information requirements of the existing AD. This We have revised the applicability to Airbus has issued Service Bulletin proposed AD would also require, for identify the model designations as A300–53–6037, Revision 02, dated airplanes that were previously published in the most recent type October 28, 2004. The procedures in the reinforced in accordance with any certificate data sheet for the affected service bulletin are essentially the same revision of Airbus Service Bulletin models, and to remove the reference to as the procedures in Airbus Service A300–53–6037 without having been Airbus Modification 8684, which is the Bulletin A300–53–6037, dated March first repaired in accordance with any modification specified in Airbus Service 21, 1995, which was referenced as an revision of Airbus Service Bulletin Bulletin A300–53–6037, Revision 02, appropriate source of service A300–53–6045, an inspection for dated October 28, 2004.

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Explanation of Change to Costs of industry, we find it necessary to Costs of Compliance Compliance increase the labor rate used in these This proposed AD would affect about After the original NPRM was issued, calculations from $65 per work hour to 53 airplanes of U.S. registry. The we reviewed the figures we have used $80 per work hour. The cost impact following table provides the estimated over the past several years to calculate information, below, reflects this costs for U.S. operators to comply with AD costs to operators. To account for increase in the specified hourly labor this proposed AD. The average labor various inflationary costs in the airline rate. rate is $80 per work hour.

ESTIMATED COSTS

Action Work hours Parts Cost per airplane Fleet cost

Inspection (required by AD 97–14–02) ...... 1 None $80, per inspection $4,240, per inspection cycle. cycle. Reinforcement (required by AD 97–14–02) ...... 93 $7,200 $14,640...... $775,920. Inspection (new proposed action) ...... 1 None $80 ...... $4,240.

Authority for This Rulemaking AD docket. See the ADDRESSES section structural integrity, and consequent rapid decompression of the airplane. Title 49 of the United States Code for a location to examine the regulatory specifies the FAA’s authority to issue evaluation. Compliance rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 (e) You are responsible for having the section 106, describes the authority of actions required by this AD performed within Air transportation, Aircraft, Aviation the FAA Administrator. Subtitle VII, the compliance times specified, unless the safety, Safety. Aviation Programs, describes in more actions have already been done. detail the scope of the Agency’s The Proposed Amendment Restatement of the Requirements of AD 97– authority. Accordingly, under the authority 14–02 We are issuing this rulemaking under delegated to me by the Administrator, (f) Prior to the accumulation of 14,100 total the authority described in subtitle VII, the FAA proposes to amend 14 CFR part flight cycles, or within 12 months after part A, subpart III, section 44701, 39 as follows: August 4, 1997 (the effective date of AD 97– ‘‘General requirements.’’ Under that 14–02), whichever occurs later, conduct an section, Congress charges the FAA with PART 39—AIRWORTHINESS eddy current inspection to detect cracking of the fuselage outer skin at frames 28A and promoting safe flight of civil aircraft in DIRECTIVES air commerce by prescribing regulations 30A above stringer 30, in accordance with 1. The authority citation for part 39 the Accomplishment Instructions of Airbus for practices, methods, and procedures Service Bulletin A300–53–6045, dated March the Administrator finds necessary for continues to read as follows: 21, 1995, as revised by Change Notice No. safety in air commerce. This regulation Authority: 49 U.S.C. 106(g), 40113, 44701. O.A., dated June 1, 1995; or Airbus Service is within the scope of that authority Bulletin A–300–53–6045, Revision 03, dated because it addresses an unsafe condition § 39.13 [Amended] October 28, 2004. After the effective date of that is likely to exist or develop on 2. The Federal Aviation this AD, only Revision 03 may be used. After products identified in this rulemaking Administration (FAA) amends § 39.13 the effective date of this AD, the initial eddy action. by removing amendment 39–10059 (62 current inspection and all applicable repairs FR 35072, June 30, 1997) and adding the required by this paragraph must be done Regulatory Findings before doing the reinforcement specified in following new airworthiness directive paragraph (g) of this AD. We have determined that this (AD): (1) If no cracking is found, repeat the eddy proposed AD would not have federalism Airbus: Docket No. FAA–2006–25047; current inspection thereafter at intervals not implications under Executive Order Directorate Identifier 2006–NM–028–AD. to exceed 4,500 flight cycles. 13132. This proposed AD would not (2) If any cracking is found that is within have a substantial direct effect on the Comments Due Date the limits specified in the service bulletin: States, on the relationship between the (a) The FAA must receive comments on Prior to further flight do the action in national Government and the States, or this AD action by July 17, 2006. paragraph (f)(2)(i) or (f)(2)(ii) of this AD. After the effective date of this AD, only Airbus on the distribution of power and Affected ADs responsibilities among the various Service Bulletin A300–53–6045, Revision 03, (b) This AD supersedes AD 97–14–02. dated October 28, 2004, may be used for the levels of government. repair specified in paragraph (f)(2)(i) of this For the reasons discussed above, I Applicability AD; and the reinforcement option specified certify that the proposed regulation: (c) This AD applies to Airbus Model A300 in paragraph (f)(2)(ii) of this AD is not 1. Is not a ‘‘significant regulatory B4–601, B4–603, B4–620, B4–622, B4–605R, allowed in accordance with this paragraph. action’’ under Executive Order 12866; B4–622R, F4–605R, F4–622R, and C4–605R (i) Repair in accordance with paragraph 2. Is not a ‘‘significant rule’’ under the Variant F airplanes, certificated in any 2.D. of the Accomplishment Instructions of DOT Regulatory Policies and Procedures category, except those on which Airbus Airbus Service Bulletin A300–53–6045, (44 FR 11034, February 26, 1979); and Modification 8683 has been done. dated March 21, 1995, as revised by Change Notice No. O.A., dated June 1, 1995; or 3. Will not have a significant Unsafe Condition economic impact, positive or negative, paragraph 3.C. of the Accomplishment (d) This AD results from a report that the on a substantial number of small entities Instructions of Revision 03, dated October 28, previously required actions were not 2004. After the repair, repeat the eddy under the criteria of the Regulatory sufficient to correct cracking before the current inspection thereafter at intervals not Flexibility Act. structural reinforcement was installed. We to exceed 4,500 flight cycles. We prepared a regulatory evaluation are issuing this AD to prevent fatigue (ii) Reinforce the structure at frames 28 and of the estimated costs to comply with cracking of the outer skin of the fuselage at 29, and at frames 30 and 31, between this proposed AD and placed it in the certain frames, which could result in reduced stringers 29 and 30, in accordance with the

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Accomplishment Instructions of Airbus and at frames 30 and 31, between stringers occurs first, conduct an eddy current Service Bulletin A300–53–6037, dated March 29 and 30, in accordance with the inspection to detect cracking of the fuselage 21, 1995; or Revision 02, dated October 28, Accomplishment Instructions of Airbus outer skin at frames 28A and 30A above 2004. Such reinforcement constitutes Service Bulletin A300–53–6037, dated March stringer 30, in accordance with the terminating action for the repetitive 21, 1995; or Revision 02, dated October 28, Accomplishment Instructions of Airbus inspections required by this AD. 2004. After the effective date of this AD, only Service Bulletin A300–53–6045, Revision 03, (3) If any cracking is found that is outside Revision 02 may be used. Such reinforcement dated October 28, 2004. If no cracking is the limits specified in the service bulletin: constitutes terminating action for the found: No further action is required by this Prior to further flight, reinforce the structure repetitive inspections required by this AD. at frames 28 and 29, and at frames 30 and After the effective date of this AD, the initial paragraph. If any cracking is found: Before 31, between stringers 29 and 30, in eddy current inspection and all applicable further flight, repair the cracking using a accordance with the Accomplishment repairs required by paragraph (f) of this AD method approved by either the Manager, Instructions of Airbus Service Bulletin A300– must be done before doing the reinforcement. International Branch, ANM–116, Transport 53–6037, dated March 21, 1995; or Revision Airplane Directorate, FAA; or the Direction 02, dated October 28, 2004. After the New Requirements of This AD Ge´ne´rale de l’Aviation Civile (DGAC) (or its effective date of this AD, only Revision 02 may be used. Such reinforcement constitutes Inspection and Corrective Action delegated agent). terminating action for the repetitive (h) For airplanes that meet the conditions (1) Airplanes that were reinforced before inspections required by this AD. of both paragraphs (h)(1) and (h)(2) of this the effective date of this AD in accordance (g) Within 5 years after August 4, 1997: AD: Within 2,400 flight cycles or 18 months with any service bulletin specified in Table Reinforce the structure at frames 28 and 29, after the effective date of this AD, whichever 1 of this AD.

TABLE 1.—REINFORCEMENT SERVICE BULLETINS

Revision Airbus Service Bulletin level Date

A300–53–6037 ...... Original .... March 21, 1995. 01 ...... February 3, 1999. 02 ...... October 28, 2004.

(2) Airplanes that were not inspected and repaired in accordance with any service bulletin specified in Table 2 of this AD.

TABLE 2.—INSPECTION AND REPAIR SERVICE BULLETINS

Revision Airbus Service Bulletin level Date

A300–53–6045 ...... Original .... March 21, 1995. 01 ...... August 25, 1997. 02 ...... May 2, 1999. 03 ...... October 28, 2004.

Alternative Methods of Compliance DEPARTMENT OF THE INTERIOR habitat for the Fender’s blue butterfly (AMOCs) (Icaricia icarioides fenderi, Lupinus (i)(1) The Manager, International Branch, Fish and Wildlife Service sulphureus ssp. kincaidii (Kincaid’s ANM–116, Transport Airplane Directorate, lupine), and Erigeron decumbens var. FAA, has the authority to approve AMOCs 50 CFR Part 17 decumbens (Willamette daisy) and the for this AD, if requested in accordance with RIN 1018–AT91 availability of the draft economic the procedures found in 14 CFR 39.19. analysis of the proposed designation of (2) Before using any AMOC approved in Endangered and Threatened Wildlife critical habitat. The draft economic accordance with § 39.19 on any airplane to and Plants; Proposed Designation of analysis has been completed and we are which the AMOC applies, notify the Critical Habitat for the Fender’s Blue publishing a notice of availability in the appropriate principal inspector in the FAA Butterfly (Icaricia icarioides fenderi), Federal Register and requesting Flight Standards Certificate Holding District Lupinus sulphureus ssp. kincaidii comments. The economic analysis for Office. (Kincaid’s Lupine), and Erigeron the prairie species concluded that the Related Information decumbens var. decumbens potential future costs associated with (Willamette Daisy) (j) French airworthiness directive F–2005– conservation activities for the species 002, dated January 5, 2005, also addresses the AGENCY: Fish and Wildlife Service, are estimated to range from $25.3 to subject of this AD. Interior. $52.7 million over 20 years in undiscounted 2006 dollars. Costs are ACTION: Proposed rule; reopening of Issued in Renton, Washington, on June 8, estimated to range from $19.1 to $40.3 2006. comment period and notice of availability of draft economic analysis. million over 20 years, or $1.3 to 2.7 Kalene C. Yanamura, million annually using a three percent Acting Manager, Transport Airplane SUMMARY: We, the U.S. Fish and discount rate. Costs are estimated to Directorate, Aircraft Certification Service. Wildlife Service, announce the range from $15.3 to $32.6 million over [FR Doc. E6–9342 Filed 6–14–06; 8:45 am] reopening of the public comment period 20 years, or $1.4 to $3.1 annually using BILLING CODE 4910–13–P on the proposal to designate critical a seven percent discount rate. The

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activities affected by species particularly interested in comments (5) Any foreseeable economic, conservation efforts may include concerning: national security, or other potential development, management of public (1) The reasons any habitat should or impacts resulting from the proposed and conservancy lands should not be determined to be critical designation and, in particular, any (‘‘conservation’’), transportation habitat as provided by section 4 of the impacts on small entities; operations, and the Benton County Endangered Species Act of 1973, as (6) Whether our approach to Habitat Conservation Plan (HCP). We amended (Act) (16 U.S.C. 1531 et al.), designating critical habitat could be are reopening the comment period to including whether it is prudent to improved or modified in any way to allow all interested parties to comment designate critical habitat. provide for greater public participation simultaneously on the proposed rule (2) Specific information on the and understanding, or to assist us in and the associated draft economic Fender’s blue butterfly, Lupinus accommodating public concerns and analysis. Comments previously sulphureus ssp. kincaidii, and Erigeron comments; submitted need not be resubmitted as decumbens var. decumbens and their (7) Whether the economic analysis they will be incorporated into the public habitat, and which habitat or habitat adequately addresses the likely effects record as part of this comment period, components (i.e., physical and and resulting costs arising from State and will be fully considered in biological features) are essential to their laws as a result of the proposed critical preparation of the final rule. conservation, such as soil moisture habitat designation; gradient, microsite preferences, and DATES: We will accept public comments (8) Whether the analysis adequately light requirements; until June 30, 2006. addresses the indirect effects; (3) Specific information on: the (9) Whether the analysis accurately ADDRESSES: Written comments and amount and distribution of the Fender’s defines and captures opportunity costs; materials may be submitted to us by any blue butterfly, Lupinus sulphureus ssp. (10) Whether the economic analysis one of the following methods: kincaidii, and Erigeron decumbens var. correctly assesses the effect on regional (1) Mail: You may submit written decumbens habitat; what areas should costs (e.g., housing costs) associated comments and information to Kemper be included in the designations that with land use controls that could arise McMaster, Field Supervisor, U.S. Fish were occupied at the time of listing and from the designation of critical habitat and Wildlife Service, Oregon Fish and contain the features that are essential to for these three species; Wildlife Office, 2600 SE 98th Avenue, the conservation of the species and why; (11) Whether the designation of Suite 100, Portland, OR 97266. what areas were not occupied at the critical habitat will result in (2) Delivery: You may hand-deliver time of listing but are essential to the disproportionate economic or other written comments to our Oregon Fish conservation of the species and why; impacts to specific areas that should be and Wildlife Office, at the above (4) Land use designations and current evaluated for possible exclusion from address. or planned activities in the subject areas the final designation; (3) Fax: You may fax your comments and their possible impacts on proposed (12) Whether the economic analysis is to 503/231–6195. critical habitat; we specifically solicit consistent with the Service’s listing (4) E-mail: You may send comments information including: regulations because this analysis should by electronic mail (e-mail) to (a) The benefits provided by a identify all costs related to the [email protected]. Please see the management plan; specifically describe designation of critical habitat for these Public Comments Solicited section how the plan addresses each primary three species; and, below for file format and other constituent element (PCE) in the (13) Whether the benefits of exclusion information about electronic filing. absence of designated critical habitat; in any particular area outweigh the (5) Federal eRulemaking portal: describe conservation benefits to benefits of inclusion under Section http://www.regulations.gov. Follow the Fender’s blue butterfly, Lupinus 4(b)(2) of the Act. instructions found there for submitting sulphureus ssp. kincaidii, or Erigeron All previous comments and comments. decumbens var. decumbens; include information submitted during the initial FOR FURTHER INFORMATION CONTACT: citations that point to the certainty of comment period need not be Kemper McMaster, Field Supervisor, implementation of those aspects of the resubmitted. Our final determination on U.S. Fish and Wildlife Service, Oregon management plans; the proposed critical habitat will take Fish and Wildlife Office, 2600 SE 98th (b) The benefits of excluding from the into consideration all comments and Avenue, Suite 100, Portland, OR 97266 critical habitat designation the areas any additional information received. (telephone 503/231–6179; facsimile covered by the management plan; we However, we will not consider 503/231–6195). are especially interested in knowing anonymous comments. SUPPLEMENTARY INFORMATION: how partnerships may be positively or Please submit electronic comments in negatively affected by a designation, or an ASCII file format and avoid the use Public Comments Solicited through exclusion from critical habitat, of special characters and encryption. We are soliciting comments on the and costs associated with designation; Please also include ‘‘RIN 1018–AT91’’ original proposed critical habitat and and your name and return address in designation that was published in the (c) With specific reference to section your e-mail message. If you do not Federal Register on November 2, 2005 4(a)(3) of the Act, we request receive a confirmation from the system (70 FR 66492) and on our draft information from the Department of that we have received your e-mail economic analysis of the proposed Defense to assist the Secretary of the message, please contact us directly (see designation. Copies of the proposed rule Interior in making a determination as to ADDRESSES section). Please note that the to designate critical habitat and the draft whether any proposed critical habitat Internet address economic analysis are available on the overlaps with lands, administered by or [email protected] will be Internet at: http://www.fws.gov/ under the control of the Department of unavailable at the termination of the oregonfwo/Species/ESA-Actions/ Defense, covered by an Integrated public comment period. WillValleyPage.asp or from our Oregon Natural Resources Management Plan Our practice is to make comments, Fish and Wildlife Office at the address (INRMP) that benefits the conservation including names and home addresses of and contact numbers above. We are of the species; respondents, available for public review

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during regular business hours. We will decumbens var. decumbens, we have critical habitat, provided such exclusion not consider anonymous comments and prepared a draft economic analysis of will not result in the extinction of the we will make all comments available for the proposed critical habitat species. public inspection in their entirety. designation. Costs related to conservation activities Comments and materials received will The draft economic analysis addresses for the proposed designation of critical be available for public inspection, by the impacts of conservation efforts for habitat for Fender’s blue butterfly, appointment, during normal business these three species on activities Lupinus sulphureus ssp. kincaidii, and hours in the U.S. Fish and Wildlife occurring on lands proposed for Erigeron decumbens var. decumbens Service Office at the above address. designation as well as those proposed pursuant to sections 4, 7, and 10 of the for exclusion. The analysis measures Act are estimated to be approximately Background lost economic efficiency associated with $25.3 to $52.7 million over 20 years in On November 2, 2005, we published land development activities, undiscounted 2006 dollars. Costs are a proposed rule in the Federal Register transportation operations, conservation- estimated to range from $19.1 to $40.3 (70 FR 66492) to designate oriented land management on public million over 20 years, or $1.3 to 2.7 approximately 3,089 acres (1,250 and private lands, development of the million annually using a three percent hectares (ha)) as critical habitat for Benton County Habitat Conservation discount rate. Cost estimates using a Fender’s blue butterfly, 724 acres (293 Plan, and administrative costs related to seven percent discount rate range from ha) as critical habitat for Lupinus the section 7 consultation process. $15.3 to $32.6 million over 20 years, or sulphureus ssp. kincaidii, and 718 acres The draft economic analysis considers $1.4 to $3.1 annually. (291 ha) as critical habitat for Erigeron the potential economic effects of actions decumbens var. decumbens. The relating to the conservation of the Required Determinations—Amended proposed critical habitat is located in Fender’s blue butterfly, Lupinus Regulatory Planning and Review Polk, Benton, Yamhill, Lane, Marion, sulphureus ssp. kincaidii, and Erigeron Linn, and Douglas Counties, Oregon, decumbens var. decumbens, including In accordance with Executive Order and Lewis County, Washington. The costs associated with sections 4, 7, and 12866, this document is a significant original comment period on the 10 of the Act, and including those rule because it may raise novel legal and proposed critical habitat rule closed on attributable to designating critical policy issues. On the basis of our draft January 3, 2006. On April 21, 2006, we habitat. It further considers the economic analysis, the designation of published a notice in the Federal economic effects of protective measures critical habitat for these species is not Register (71 FR 20636) to reopen the taken as a result of other Federal, State, anticipated to have an annual effect on comment period and provide notice of and local laws that aid habitat the economy of $100 million or more or a public hearing; the comment period conservation for the Fender’s blue affect the economy in a material way. closed on May 19, 2006. butterfly, Lupinus sulphureus ssp. Due to the timeline for publication in Critical habitat is defined in section 3 kincaidii and Erigeron decumbens var. the Federal Register, the Office of of the Act as the specific areas within decumbens in essential habitat areas. Management and Budget (OMB) has not the geographic area occupied by a The analysis considers both economic formally reviewed the proposed rule. species, at the time it is listed in efficiency and distributional effects. In Further, Executive Order 12866 accordance with the Act, on which are the case of habitat conservation, directs Federal Agencies promulgating found those physical or biological efficiency effects generally reflect the regulations to evaluate regulatory features essential to the conservation of ‘‘opportunity costs’’ associated with the alternatives (Office of Management and the species and that may require special commitment of resources to comply Budget, Circular A–4, September 17, management considerations or with habitat protection measures (e.g., 2003). Pursuant to Circular A–4, once it protection; and specific areas outside lost economic opportunities associated has been determined that the Federal the geographic area occupied by a with restrictions on land use). The study regulatory action is appropriate, the species at the time it is listed, upon a also analyzes whether a particular group agency will then need to consider determination that such areas are or economic sector bears an undue alternative regulatory approaches. Since essential for the conservation of the proportion of the impacts, with specific the determination of critical habitat is a species. If the proposed rule is made analysis of the impacts to small entities statutory requirement pursuant to the final, section 7 of the Act will prohibit and potential impacts on energy Endangered Species Act of 1973, as destruction or adverse modification of availability. Finally, this analysis amended, we must then evaluate critical habitat by any activity funded, estimates economic impacts to activities alternative regulatory approaches, authorized, or carried out by any from 2000 (the year of the final listing where feasible, when promulgating a Federal agency. Federal agencies for the species) to 2026 (20 years from designation of critical habitat. proposing actions affecting areas the year of final designation of critical In developing our designations of designated as critical habitat must habitat). Forecasts of economic critical habitat, we consider economic consult with us on the effects of their conditions and other factors beyond the impacts, impacts to national security, proposed actions, pursuant to section next 20 years would be speculative. and other relevant impacts pursuant to 7(a)(2) of the Act. We solicit data and comments from section 4(b)(2) of the Act. Based on the Section 4(b)(2) of the Act requires that the public on the draft economic discretion allowable under this we designate or revise critical habitat analysis, as well as on all aspects of the provision, we may exclude any based upon the best scientific and proposal to designate critical habitat. particular area from the designation of commercial data available, after taking We may revise the proposal, or its critical habitat providing that the into consideration the economic or any supporting documents, to incorporate or benefits of such exclusion outweigh the other relevant impact of specifying any address new information received benefits of specifying the area as critical particular area as critical habitat. Based during the comment period. In habitat and that such exclusion would upon the previously published proposal particular, we may exclude an area from not result in the extinction of the to designate critical habitat for the critical habitat if we determine that the species. As such, we believe that the Fender’s blue butterfly, Lupinus benefits of excluding the area outweigh evaluation of the inclusion or exclusion sulphureus ssp. kincaidii, and Erigeron the benefits of including the area as of particular areas, or combination

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thereof, in a designation constitutes our types of economic activities (e.g., encompass the proposed critical habitat regulatory alternative analysis. residential and commercial designation is not likely to be impacted. development, forestry, and agriculture). Based on the past and existing land Regulatory Flexibility Act (5 U.S.C. 601 We considered each industry or use, it appears the agricultural value of et seq.) category individually to determine if these lands is as grassland/pasture, and Under the Regulatory Flexibility Act certification is appropriate. In livestock grazing, if not intensive, (5 U.S.C. 601 et seq., as amended by the estimating the numbers of small entities would not further degrade or destroy the Small Business Regulatory Enforcement potentially affected, we also considered prairie habitat. While farm profits are Fairness Act (SBREFA) of 1996), whether their activities have any not expected to be affected by species whenever an agency is required to Federal involvement; some kinds of conservation, impacted small publish a notice of rulemaking for any activities are unlikely to have any agriculture businesses are expected to proposed or final rule, it must prepare Federal involvement and so will not be lose between $383 (Douglas County) and and make available for public comment affected by the designation of critical $118,785 (Yamhill County) in land a regulatory flexibility analysis that habitat. Designation of critical habitat value per farm due to species describes the effect of the rule on small only affects activities conducted, conservation. Considering that the entities (i.e., small businesses, small funded, permitted or authorized by average market value of a farm’s assets organizations, and small government Federal agencies; non-Federal activities (i.e., land, buildings, machinery, and jurisdictions). However, no regulatory are not affected by the designation. equipment) in the affected counties flexibility analysis is required if the If this proposed critical habitat ranges from approximately $375,000 head of an agency certifies the rule will designation is made final, Federal (Lewis County) to $650,000 (Marion, not have a significant economic impact agencies must consult with us if their Polk, Yamhill, and Linn counties), the on a substantial number of small activities may affect designated critical economic impacts of species entities. In our proposed rule, we habitat. Consultations to avoid the conservation to the small agriculture withheld our determination of whether destruction or adverse modification of operator is expected to range from as this designation would result in a critical habitat would be incorporated little as 0.1 percent (Douglas and Linn significant effect as defined under into the existing consultation process. counties) of the value of an operator’s SBREFA until we completed our draft farm assets to as much as 18.2 percent In our economic analysis of this economic analysis of the proposed (Yamhill County) of an operator’s farm proposed designation, we evaluated the designation so that we would have the assets. The 16 small agriculture potential economic effects on small factual basis for our determination. operators in Yamhill County are business entities resulting from According to the Small Business expected to bear the greatest impacts conservation actions related to the Administration (SBA), small entities (1.5 to 18.2 percent of the value of farm listing of these three species and include small organizations, such as assets) followed by the 28 operators in proposed designation of critical habitat. independent nonprofit organizations, Polk County (1.0 to 17.1 percent of the and small governmental jurisdictions, We determined from our analysis that value of farm assets), the 41 operators in including school boards and city and the small business entities that may be Benton County (2.0 to 13.4 percent of town governments that serve fewer than affected are agriculture and forestry. the value of farm assets), the 87 50,000 residents, as well as small Approximately 85 percent (i.e., 1,794 operators in Lane County (1.2 to 6.8 businesses (13 CFR 121.201). Small acres (726 ha)) of the estimated 2,120 percent of the value of farm assets), and businesses include manufacturing and acres (858 ha) of privately owned land then the 3 operators in Marion County mining concerns with fewer than 500 within the proposed critical habitat (0.4 to 5.8 percent of the value of farm employees, wholesale trade entities designation is classified as agricultural assets). Impacts to the remaining 20 with fewer than 100 employees, retail land. The remaining 327 acres (132 ha) small agriculture operators in Douglas, and service businesses with less than $5 is classified as various types of forest Linn, and Lewis counties are estimated million in annual sales, general and land, most of which is white oak forest, at less than approximately 2 percent of heavy construction businesses with less which has no commercial value. the value of an operator’s farm assets. than $27.5 million in annual business, On the basis of our analysis of The economic effects to forestry special trade contractors doing less than Fender’s blue butterfly, Lupinus operations of this proposed critical $11.5 million in annual business, and sulphureus ssp. kincaidii, and Erigeron habitat designation are expected to be agricultural businesses with annual decumbens var. decumbens small. Although there are about 494 sales less than $750,000. To determine conservation measures, we determined forestry and logging businesses that if potential economic impacts to these that approximately 195 small operate in the eight counties that small entities are significant, we agriculture operations could be encompass the proposed critical habitat considered the types of activities that impacted by conservation measures for designation, only one company has might trigger regulatory impacts under these three species. These agriculture lands that fall within a proposed critical this designation as well as types of operations represent approximately 1.2 habitat unit. The estimated economic project modifications that may result. In percent of the number of small farms impact of species conservation activities general, the term significant economic and ranches operating within the eight to Starker Forests, Inc., a family-owned impact is meant to apply to a typical counties that encompass the proposed business that owns, grows, and manages small business firm’s business critical habitat designation. The percent about 60,000 acres of forest land in operations. of small agriculture operations impacted Benton, Lincoln, Lane, and Polk To determine if this proposed ranges from a low of approximately 0.1 counties, Oregon, is about $1,000 to designation of critical habitat for percent in Marion and Lewis counties to $3,000 annually. Fender’s blue butterfly, Lupinus a high of 4.6 percent in Benton County. Based on these data, we have sulphureus ssp. kincaidii, and Erigeron The conservation measures for the three determined that this proposed decumbens var. decumbens would species are not expected to impact the designation would not result in a affect a substantial number of small profitability of these small agriculture significant economic impact on a entities, we considered the number of operations, as the existing agricultural substantial number of small entities, in small entities affected within particular use of the privately owned lands that particular to agricultural and forestry

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interests. Please refer to Appendix A of Enforcement.) ‘‘Federal private sector 0.5 percent of the City’s annual our draft economic analysis of this mandate’’ includes a regulation that expenditures. designation for a more detailed ‘‘would impose an enforceable duty Further, there is no record of discussion of potential economic upon the private sector, except (i) a consultation between the Service and impacts to small business entities. condition of Federal assistance; or (ii) a any of these governments since the three Executive Order 13211 duty arising from participation in a species were listed in 2000. It is likely voluntary Federal program.’’ On May 18, 2001, the President issued that small governments involved with The designation of critical habitat developments and infrastructure Executive Order (E.O.) 13211 on does not impose a legally binding duty regulations that significantly affect projects will be interested parties or on non-Federal government entities or involved with projects involving section energy supply, distribution, and use. private parties. Under the Act, the only E.O. 13211 requires agencies to prepare 7 consultations for Fender’s blue regulatory effect is that Federal agencies butterfly, Lupinus sulphureus ssp. Statements of Energy Effects when must ensure that their actions do not undertaking certain actions. This kincaidii, and Erigeron decumbens var. destroy or adversely modify critical decumbens within their jurisdictional proposed rule is considered a significant habitat under section 7. Non-Federal regulatory action under E.O. 12866 areas. Any costs associated with this entities that receive Federal funding, activity are likely to represent a small because it raises novel legal and policy assistance, permits, or otherwise require issues, but it is not expected to portion of a city’s budget. Consequently, approval or authorization from a Federal we do not believe that the designation significantly affect energy supplies, agency for an action, may be indirectly distribution, or use. Therefore, this of critical habitat for Fender’s blue impacted by the designation of critical action is not a significant action and no butterfly, Lupinus sulphureus ssp. habitat. However, the legally binding Statement of Energy Effects is required. kincaidii, and Erigeron decumbens var. duty to avoid destruction or adverse decumbens will significantly or Unfunded Mandates Reform Act (2 modification of critical habitat rests uniquely affect these small U.S.C. 1501 et seq.) squarely on the Federal agency. governmental entities. As such, a Small In accordance with the Unfunded Furthermore, to the extent that non- Government Agency Plan is not Mandates Reform Act (2 U.S.C. 1501), Federal entities are indirectly impacted required. the Service makes the following because they receive Federal assistance findings: or participate in a voluntary Federal aid Takings program, the Unfunded Mandates (a) This rule will not produce a In accordance with Executive Order Federal mandate. In general, a Federal Reform Act would not apply; nor would critical habitat shift the costs of the large 12630 (‘‘Government Actions and mandate is a provision in legislation, Interference with Constitutionally statute, or regulation that would impose entitlement programs listed above on to State governments. Protected Private Property Rights’’), we an enforceable duty upon State, local, or have analyzed the potential takings (b) The boundaries of five city tribal governments, or the private sector, implications of proposing critical governments encompass the proposed and includes both ‘‘Federal habitat for Fender’s blue butterfly, critical habitat designation: Eugene intergovernmental mandates’’ and Lupinus sulphureus ssp. kincaidii, and ‘‘Federal private sector mandates.’’ (estimated population in 2005 of Erigeron decumbens var. decumbens. These terms are defined in 2 U.S.C. 146,160), Corvallis (estimated Critical habitat designation does not 658(5)–(7). ‘‘Federal intergovernmental population in 2005 of 53,165), Dallas affect landowner actions that do not mandate’’ includes a regulation that (estimated population in 2005 of require Federal funding or permits, nor ‘‘would impose an enforceable duty 14,040), Philomath (estimated does it preclude development of habitat upon State, local, or tribal population in 2005 of 4,400), and conservation programs or issuance of governments,’’ with two exceptions. It Sheridan (estimated population in 2005 incidental take permits to permit actions excludes ‘‘a condition of federal of 5,740). Eugene and Corvallis exceed that do require Federal funding or assistance.’’ It also excludes ‘‘a duty the criteria (service population of 50,000 permits to go forward. In conclusion, arising from participation in a voluntary or less) for small entity. Of the three the designation of critical habitat for Federal program,’’ unless the regulation small governments, Dallas is the only Fender’s blue butterfly, Lupinus ‘‘relates to a then-existing Federal small government entity potentially sulphureus ssp. kincaidii, and Erigeron program under which $500,000,000 or impacted by Fender’s blue butterfly, decumbens var. decumbens does not more is provided annually to State, Lupinus sulphureus ssp. kincaidii, and pose significant takings implications. local, and tribal governments under Erigeron decumbens var. decumbens entitlement authority,’’ if the provision conservation activities. In fiscal year Author would ‘‘increase the stringency of 2005–06, the City’s annual budget is conditions of assistance’’ or ‘‘place caps approximately $36 million. The analysis The primary author of this package is upon, or otherwise decrease, the Federal estimates that potential future Fender’s Mikki Collins, Oregon Fish and Wildlife Government’s responsibility to provide blue butterfly and Lupinus sulphureus Office, U.S. Fish and Wildlife Service. funding’’ and the State, local, or tribal ssp. kincaidii conservation activities Authority governments ‘‘lack authority’’ to adjust (related to a planned collector street and accordingly. (At the time of enactment, the one-time application costs and The authority for this action is the these entitlement programs were: annual deferred maintenance and Endangered Species Act of 1973 (16 Medicaid; Aid to Families with personnel training costs associated with U.S.C. 1531 et seq.). Dependent Children work programs; a Section 10(a)(1)(A) Recovery Permit) Dated: June 6, 2006. Child Nutrition; Food Stamps; Social may cost the City between $28,000 (low Services Block Grants; Vocational range assuming a seven percent David P. Smith, Rehabilitation State Grants; Foster Care, discount rate) and $197,000 (high range Acting Assistant Secretary for Fish and Adoption Assistance, and Independent assuming a three percent discount rate) Wildlife and Parks. Living; Family Support Welfare on an annualized basis. These costs [FR Doc. E6–9323 Filed 6–14–06; 8:45 am] Services; and Child Support represent approximately 0.08 percent to BILLING CODE 4310–55–P

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DEPARTMENT OF COMMERCE • Federal eRulemaking Portal: http:// exclusion outweigh the benefits of www.regulations.gov. Follow the designation, unless excluding an area National Oceanic and Atmospheric instructions at that site for submitting from critical habitat will result in the Administration comments. extinction of the species concerned. • Mail: Submit written comments and Once critical habitat is designated, 50 CFR Part 226 information to Chief, Protected section 7(a)(2) of the ESA requires that Resources Division, 1201 NE Lloyd each Federal agency, in consultation [Docket No. 060228057–6057–01; I.D. Blvd., Suite 1100, Portland, OR 97232– with us and with our assistance, ensure 022206D] 1274. that any action it authorizes, funds, or RIN 0648–AU38 The proposed rule, maps, stock carries out is not likely to result in the assessments, listing rule, biological and destruction or adverse modification of Endangered and Threatened Species; economic analyses, and other materials critical habitat. Designation of Critical Habitat for the relating to this proposal can be found on Killer Whale Natural History Southern Resident Killer Whale our Web site at http:// www.nwr.noaa.gov/. Killer whales are the world’s largest AGENCY: National Marine Fisheries dolphin. The sexes show considerable FOR FURTHER INFORMATION CONTACT: Service, National Oceanic and size dimorphism, with males attaining Lynne Barre at (206) 526–4745, or Marta Atmospheric Administration, maximum lengths and weights of 29.5 Nammack at (301) 713–1401. Commerce. feet (9 m) and 12,275 pounds (5,568 kg), SUPPLEMENTARY INFORMATION: ACTION: Proposed rule; request for respectively, compared to 25.3 feet (7.7 comment. Background m) and 8,400 pounds (3,810 kg) for females (Dahlheim and Heyning, 1999). SUMMARY: We, the National Marine Under the Endangered Species Act of Adult males develop larger pectoral Fisheries Service (NMFS), propose to 1973, as amended (ESA), we are flippers, dorsal fins, tail flukes, and designate critical habitat for the responsible for determining whether girths than females (Clark and Odell, Southern Resident killer whale (Orcinus certain species, subspecies, or distinct 1999). Maximum life span is estimated orca) distinct population segment (DPS), population segments (DPS) are to be 80–90 years for females and 50– which was recently listed as endangered threatened or endangered, and 60 years for males (Olesiuk et al., 1990). under the Endangered Species Act designating critical habitat for them (16 Animals are black dorsally and have a (ESA). Three specific areas are proposed U.S.C. 1533). In November 2005, we white ventral region extending from the for designation: The Summer Core Area listed the Southern Resident killer chin and lower face to the belly and in Haro Strait and waters around the whale DPS as endangered under the anal region. Each whale has a uniquely San Juan Islands; Puget Sound; and the ESA (70 FR 69903; November 18, 2005). shaped and scarred dorsal fin and Strait of Juan de Fuca, which comprise At the time of listing, we also saddle patch, which permits animals to approximately 2,564 square miles (6,641 announced our intention to propose be individually recognized, as depicted sq km) of marine habitat. We propose to critical habitat for the Southern in photo-identification catalogs, such as exclude 18 military sites, comprising Resident killer whale. those compiled for the northeastern approximately 112 square miles (291 sq Section 3 of the ESA defines critical Pacific region (e.g., Black et al., 1997; km), because of national security habitat as ‘‘(i) the specific areas within Dahlheim, 1997; Dahlheim et al., 1997; impacts. the geographical area occupied by the van Ginneken et al., 1998; 2000; 2005; We are soliciting comments from the species, at the time it is listed * * *, on Matkin et al., 1999; Ford and Ellis, 1999; public on all aspects of the proposal, which are found those physical or Ford et al., 2000). including information on the economic, biological features (I) essential to the Three distinct forms of killer whales, national security, and other relevant conservation of the species and (II) termed residents, transients, and impacts of the proposed designation, as which may require special management offshores, are recognized in the well as the benefits to Southern considerations or protection; and (ii) northeastern Pacific Ocean. Although Resident killer whales from designation. specific areas outside the geographical there is considerable overlap in their A draft economic analysis, biological area occupied by the species at the time ranges, these forms display significant report, and Section 4(b)(2) report it is listed * * *, upon a determination genetic differences due to a lack of conducted in support of this proposal by the Secretary that such areas are reproductive interchange (Stevens et al., are also available for public review and essential for the conservation of the 1989; Hoelzel and Dover, 1991; Hoelzel comment. species.’’ Section 3 of the ESA (16 et al., 1998; Barrett-Lennard, 2000; U.S.C. 1532(3)) also defines the terms Barrett-Lennard and Ellis, 2001; Krahn DATES: Comments on this proposed rule ‘‘conserve,’’ ‘‘conserving,’’ and et al., 2004). There are also important must be received by close of business on ‘‘conservation’’ to mean: ‘‘to use, and differences in ecology, behavior, August 14, 2006. Public meetings have the use of, all methods and procedures morphology, and acoustics among these been scheduled for July 12, 2006, 7–9 which are necessary to bring any three forms (Baird, 2000; Ford et al., p.m., at the Seattle Aquarium, Seattle, endangered species or threatened 2000). WA and July 13, 2006, 7–9 p.m., at the species to the point at which the Resident killer whales in U.S. waters Whale Museum, Friday Harbor, WA. measures provided pursuant to this are distributed from Alaska to Requests for additional public hearings chapter are no longer necessary.’’ California, with four distinct must be made in writing by July 31, Section 4 of the ESA requires that, communities recognized: Southern, 2006. before designating critical habitat, we Northern, Southern Alaska, and Western ADDRESSES: Comments may be consider economic impacts, impacts on Alaska (Krahn et al., 2002; 2004). The submitted by any of the following national security, and other relevant Southern Resident DPS consists of three methods: impacts of specifying any particular area pods, identified as J, K, and L pods, that • E-mail: [email protected]. as critical habitat. The Secretary may reside for part of the year in the inland E-mail comments, with or without exclude any area from critical habitat if waterways of Washington State and attachments, are limited to 5 megabytes. he determines that the benefits of British Columbia (Strait of Georgia,

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Strait of Juan de Fuca, and Puget southeastern Vancouver Island, that daily and that younger whales (<13 Sound), principally during the late focused primarily on Northern years of age) need 15–17 salmon daily spring, summer, and fall (Ford et al., Residents, relied on several field to maintain their energy requirements. 2000; Krahn et al., 2002). Pods visit techniques susceptible to bias (e.g., These data provide a ‘‘rule of thumb’’ of coastal sites off Washington and surface observations and scale approximately 25 salmon per day per Vancouver Island (Ford et al., 2000), but sampling), and reported on a relatively whale, estimated over all age classes. travel as far south as central California small sample of observations for We estimate that a Southern Resident and as far north as the Queen Charlotte Southern Residents. Of the 487 records DPS of 90 individuals would eat about Islands. Offshore movements and of apparent fish predation events from 820,000 adult salmon annually distribution are largely unknown for the 1974–2004, only 68 (14 percent) (Osborne, 1999). This does not, Southern Resident DPS. observations came from Southern however, account for any other prey Social organization in this region is Residents. While this information is species and is therefore likely an based on maternal kinship. Most mating limited, it is the best information overestimate of potential salmon in the North Pacific is believed to occur available. consumption. The average fish size in from May to October (Nishiwaki, 1972; In this study, salmon were found to the extrapolation was based on a Olesiuk et al., 1990; Matkin et al., 1997). represent over 96 percent of the prey combination of five species, so the However, small numbers of conceptions during the summer and fall. Chinook estimate also does not account for apparently happen year-round, as salmon (Oncorhynchus tshawytscha) consumption of varying amounts of evidenced by births of calves in all were selected over other species, different species of salmon. months. Calves remain close to their comprising over 70 percent of the As with other delphinids, killer mothers during their first year of life, identified salmonids taken. This whales hear sounds through the lower often swimming slightly behind and to preference occurred despite the much jaw and other portions of the head, the side of the mother’s dorsal fin. lower abundance of Chinook in the which transmit the sound signals to Weaning age remains unknown, but study area in comparison to other receptor cells in the middle and inner nursing probably ends at 1 to 2 years of salmonids and is probably related to the ears (Mhl et al., 1999; Au, 2002). age (Haenel, 1986; Kastelein et al., species’ large size, high fat and energy Hearing ability extends from one to at 2003). Mothers and offspring maintain content, and year-round occurrence in least 120 kHz, but is most sensitive in highly stable social bonds throughout the area. Other salmonids eaten in the range of 18–42 kHz (Szymanski et their lives, and this natal relationship is smaller amounts included chum (O. al., 1999). The most sensitive frequency the basis for the matrilineal social keta, 22 percent of the diet), pink (O. is 20 kHz, which corresponds with the structure (Bigg et al., 1990; Baird, 2000; gorbuscha, three percent), coho (O. approximate peak energy of the species’ Ford et al., 2000). A matriline is usually kisutch, two percent), and sockeye (O. echolocation clicks (Szymanski et al., composed of a female, her sons and nerka, one percent) salmon, and 1999). Clicks are brief pulses of daughters, and offspring of her steelhead (O. mykiss, less than one ultrasonic sound given singly or more daughters, and contains up to 17 percent) (Ford and Ellis, 2005). This often in series known as click trains. individuals spanning up to five work suggests an overall preference for They are used primarily for navigation generations. Members maintain Chinook salmon during the summer and and discriminating prey and other extremely strong bonds, and individuals fall, but also revealed extensive feeding objects in the surrounding environment, seldom separate from the group for more on chum salmon in the fall. Rockfish than a few hours. (Sebastes spp.), Pacific halibut but are also commonly heard during Although there is considerable (Hippoglossus stenolepis), and Pacific social interactions and may have a overlap in the geographic ranges of herring (Clupea pallasi) were also communication function (Barrett- Southern and Northern Resident killer observed during predation events (Ford Lennard et al., 1996). Killer whales whales, pods from the two communities and Ellis, 2005), but in much smaller locate their prey through a combination have not been observed to intermix amounts. This study may underestimate of echolocation and passive listening (Ford et al., 2000). Genetic analyses the extent of feeding on bottom fish (Barrett-Lennard et al., 1996), but using nuclear (microsatellite) and (Baird, 2000) because it is more difficult probably rely on vision and mitochondrial DNA indicate that the to observe predation on bottom fish. echolocation during capture. two communities are most likely A number of smaller flatfish, lingcod Vocal communication is particularly reproductively isolated from each other (Ophiodon elongatus), greenling advanced in killer whales and is an (Hoelzel et al., 1998; Barrett-Lennard, (Hexagrammos spp.), and squid have essential element of the species’ 2000; Barrett-Lennard and Ellis, 2001). been identified in stomach content complex social structure. Like all Recent paternity analyses using analyses of resident whales (Ford et al., dolphins, killer whales produce microsatellite DNA indicate that 1998). Additional sampling of prey numerous types of vocalizations that are resident males nearly always mate with remains in 2004 and 2005 also indicate useful in navigation, communication, females outside of their own pods, consistent primary selection of Chinook and foraging (Dahlheim and Awbrey, thereby reducing the risks of inbreeding by the Southern Residents in the 1982; Ford, 1989; Barrett-Lennard et al., (Barrett-Lennard, 2000; Barrett-Lennard seasons sampled (NWFSC, unpubl. 1996; Ford et al., 2000; Miller, 2002; and Ellis, 2001). data). Miller et al., 2004). Dialects are complex Based on scale sampling and stomach The energy requirements of killer and stable over time, and are unique to contents studies, Southern Resident whales are about 85,000 kcal per day for single pods. Call patterns and structure killer whales are known to consume 22 juveniles, 100,000 kcal per day for are also distinctive within matrilines species of fish and one species of squid immatures, 160,000 kcal per day for (Miller and Bain, 2000). Individuals (Scheffer and Slipp, 1948; Ford et al., adult females, and 200,000 kcal per day likely learn their dialect through contact 1998; 2000; Ford and Ellis, 2005; for adult males (Osborne, 1999). Based with their mother and other pod Saulitis et al., 2000). Most published on these values and an average size for members (Ford, 1989; 1991; Miller and information originates from a single five salmon species combined, Osborne Bain, 2000). Distinct vocal repertoires, study (Ford et al., 1998; Ford and Ellis, (1999) estimated that adults must or dialects, may be a mechanism that 2005) in British Columbia, including consume about 28–34 adult salmon guides breeding with individuals

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outside of natal pods, but within the sites, feeding sites, seasonal wetland or tradition passed from one generation to resident group. dryland, water quality or quantity, the next (Ford et al., 1998). Killer whales frequent a variety of geological formation, vegetation type, Based on this natural history of the marine habitats that do not appear to be tide, and specific soil types.’’ Southern Resident killer whales and constrained by water depth, Fish are the major dietary component their habitat needs, the physical or temperature, or salinity (Baird, 2000). of resident killer whales in the biological features of Southern Resident They are highly mobile, can cover large northeastern Pacific, with 22 species of killer whale habitat identified in the distances, and range over a variety of fish and one species of squid proposal to list the species (69 FR habitats, including inland waters and (Gonatopsis borealis) known to be eaten 76673; December 22, 2004) were: open ocean coastal areas. (Scheffer and Slipp, 1948; Ford et al., (1) Water quality to support growth The Southern Residents spend large 1998; 2000; Ford and Ellis, 2005; and development; amounts of time in ‘‘core’’ inland Saulitis et al., 2000). Observations from (2) Prey species of sufficient quantity, marine waters coinciding with this region indicate that salmon are quality and availability to support congregations of migratory salmon clearly preferred as prey (Ford et al., growth and development; returning from the Pacific Ocean to 1998; Ford and Ellis, 2005) and are (3) Sound levels that do not exceed spawn in U.S. and Canadian Rivers. The likely consumed in large amounts, as thresholds that inhibit communication topographic and oceanographic features indicated by the estimates of total or foraging activities or result in in these core areas include channels and salmon consumed by the Southern temporary or permanent hearing loss; shorelines which congregate prey and Resident killer whale DPS. Sufficient and assist with foraging. Southern Residents prey abundance is necessary to support (4) Safe passage conditions to support are large mammals requiring abundant individual growth to reach sexual migration and foraging. food sources to sustain metabolic maturity and reproduction, including NMFS received several comments on processes throughout the year. Prey lactation and successful rearing of the features mentioned in the proposal availability changes seasonally, and calves. to list the species. For purposes of this Southern Residents appear to depend on proposal to designate critical habitat, we In addition to a sufficient biomass of different prey species and habitats have revised the PCEs as follows: prey species, the prey must not have throughout the year. The seasonal (1) Water quality to support growth amounts of contaminants that exceed timing of salmon returns to Southern and development; Puget Sound river systems likely levels that can cause mortality or (2) Prey species of sufficient quantity, influences the movements of Southern reproductive failure. Because of their quality and availability to support Residents out of core summer areas. long life span, position at the top of the individual growth, reproduction and Whales may travel significant distances food chain, and their blubber stores, development, as well as overall to locate prey aggregations sufficient to killer whales accumulate high population growth; and support their numbers. concentrations of contaminants. (3) Passage conditions to allow for Organochlorines, such as migration, resting, and foraging. Physical or Biological Features polychlorinated biphenyls (PCBs) and We are gathering additional Essential for Conservation (Primary dichlorodiphenyltrichloroethane (DDT), information to assist us in evaluating Constituent Elements) and many other chemical compounds sound as a potential PCE, see Public Joint NMFS–U.S. Fish and Wildlife are a concern because of their ability to Comments Solicited. Service regulations for listing induce immune suppression, endangered and threatened species and reproductive impairment, and other Geographical Area Occupied by the designating critical habitat at 50 CFR physiological damage, as observed in Species 424.12(b) state that the agencies ‘‘shall several species of marine mammals Photo-identification studies, tracking consider those physical and biological (Be´land et al., 1998; Bergman et al., by boats, and opportunistic sightings features that are essential to the 1992; De Guise et al., 2003; Jepson et al., have provided considerable information conservation of a given species and that 1999; Reijinders, 2003; Ross, 2002). To on the ranges and movements of may require special management move between important habitat areas, Southern Resident killer whales since considerations or protection (hereafter find prey, and fulfill other life history the early 1970s. Ranges are best known also referred to as ‘Essential Features’ or requirements, the Southern Resident from late spring to early autumn (May- ‘Primary Constituent Elements’/ killer whales require open waterways September), when survey effort is ‘PCEs’).’’ Pursuant to the regulations, that are free from obstruction, such as greatest. During this period, all three such requirements include, but are not in-water structures that block passage. Southern Resident pods—J, K and L— limited to, the following: (1) Space for Killer whale habitat use is dynamic, are regularly present in the Georgia individual and population growth, and and specific breeding, calving or resting Basin (defined as the Georgia Strait, San for normal behavior; (2) food, water, air, areas have not been documented. Births Juan Islands, and Strait of Juan de Fuca) light, minerals, or other nutritional or occur largely from October to March, (Heimlich-Boran, 1988; Felleman et al., physiological requirements; (3) cover or but may take place in any month 1991; Olson, 1998; Osborne, 1999). shelter; (4) sites for breeding, (Olesiuk et al., 1990), and, therefore, While in inland waters during reproduction, rearing of offspring, potentially in any part of the whales’ summer months, all of the pods germination, or seed dispersal; and range. Southern Residents are highly concentrate their activity in Haro Strait, generally, (5) habitats that are protected mobile and can travel up to 100 miles Boundary Pass, the southern Gulf from disturbance or are representative of (160 km) in a 24-hour period (Baird, Islands, the northeastern end of the the historic geographical and ecological 2000), allowing rapid movements Strait of Juan de Fuca, and several distributions of a species. These between areas. These movements likely localities in southern Georgia Strait regulations state that we shall focus on coincide with prey concentrations. (Heimlich-Boran, 1988; Felleman et al., essential features within the specific Individual knowledge of productive 1991; Olson, 1998; Ford et al., 2000). areas considered for designation. These feeding areas and other special habitats Pods commonly occur and are observed features ‘‘may include, but are not is probably important in the selection of foraging in areas where salmon frequent, limited to, the following: spawning locations visited and is likely a learned especially during the times of year

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salmon are migrating to their natal Southern Residents are less well known. fill in the data gaps about the important rivers (Heimlich-Boran, 1986; 1988; J pod continues to occur intermittently habitat features of these coastal and Nichol and Shackleton, 1996). Notable in the Georgia Basin and Puget Sound offshore areas. concentrations include Haro Strait and part of this time, but its location during NMFS regulations at 50 CFR 424.12(h) Boundary Passage, the southern tip of apparent absences is uncertain state: ‘‘Critical habitat shall not be Vancouver Island, Swanson Channel off (Osborne, 1999). One sighting of this designated within foreign countries or North Pender Island, and the mouth of pod was made off Cape Flattery, in other areas outside of United States the Fraser River delta, which is visited Washington, in March 2004 (Krahn et jurisdiction.’’ Although the Southern by all three pods in September and al., 2004). Prior to 1999, K and L pods Residents’ range includes inland waters October (Felleman et al., 1991; Ford et followed a general pattern in which they of Canada, we are not proposing these al., 2000). These sites are major spent progressively smaller amounts of areas for designation. corridors for migrating salmon. time in inland waters during October Specific Areas Within the Geographical Individual pods are generally similar and November and departed them Area Occupied by the Species in their preferred areas of use (Olson, entirely by December of most years 1998), although some seasonal and (Osborne, 1999). Sightings of both Several commenters stated that temporal differences exist in areas used. groups passing through the Strait of designating critical habitat was All three pods typically arrive in May or Juan de Fuca in late fall suggested that important for the recovery of Southern June and spend most of their time in activity shifted to the outer coasts of Resident killer whales and that inland waters until departing in October Vancouver Island and Washington designation should occur as soon as or November. However, K and L pods (Krahn et al., 2002), although it is possible. Suggestions for essential make frequent trips lasting a few days unclear if the whales spend a features, and specific areas where they to the outer coasts of Washington and substantial portion of their time in this could be found, were general and southern Vancouver Island during this area or simply transit to other locations. included ‘‘most of Puget Sound,’’ ‘‘Puget time period (Ford et al., 2000). During While there are considerable data on Sound and the Straits of Georgia and early autumn, Southern Resident pods, the use of inland waters of Washington, Juan de Fuca,’’ and ‘‘all internal waters especially J pod, routinely expand their there is very little information on the of Washington State.’’ movements into Puget Sound, probably movements of Southern Resident killer We reviewed the available to take advantage of chum and Chinook whales off the coast. Areas of activity of information on Southern Resident salmon runs (Osborne, 1999). all pods are virtually unknown during distribution, habitat use and habitat Additional studies currently underway their absences from inland waters. In needs in a biological report to assist in have identified finer scale pod the last 30 years of study, there are only identifying critical habitat (NMFS, differences in seasonal movement 28 confirmed sightings in outside waters 2006a). Within the geographical area patterns and use of core areas (Hauser (Krahn et al., 2004; NWFSC unpubl. occupied by the Southern Resident et al., in prep). data). The majority of these sightings killer whales we have identified three There are no confirmed sightings of were opportunistic, with most occurring specific areas that contain essential Southern Resident killer whales inside within 10 miles (16.1 km) of shore, and habitat features. We have divided the Hood Canal. On one occasion in 1995, we do not know how far from shore the inside waters of Washington State into acoustic recordings from Dabob Bay Southern Residents range. Several new specific areas based on the habitat were identified as J pod vocalizations sightings occurred during the last 5 features and the use patterns of the (Unger, 1997). We do not consider this years, when effort was increased with Southern Resident killer whales. sufficient evidence of presence to find dedicated ship surveys and expanded We analyzed Southern Resident killer Hood Canal ‘‘within the geographical volunteer coastal sighting networks. Our whale sightings data from The Whale area occupied by the species.’’ knowledge of the southern and northern Museum (Osborne, 2005; The Whale (Transient killer whales, in contrast, boundaries of the range has expanded Museum Orca Master, 1990–2003) to have been observed in Hood Canal on with these new sightings from California assist in identifying specific areas based multiple occasions and have remained and the Queen Charlotte Islands in on habitat use patterns by the whales. in Hood Canal for extended periods in recent years. At this time there are few The Whale Museum data are the last several years.) data on how the whales are using predominantly opportunistic sightings We also do not consider extremely offshore areas; however, some of the from a variety of sources, including shallow waters of Puget Sound to be sightings included observations of public reports, commercial whale within the geographical area occupied feeding. watching industry pager system, by the species. Male killer whales grow There is an active research effort Soundwatch, Lime Kiln State Park land- to 29.5 feet (9m), and females to 25.3 underway to identify coastal and based observations, and compilations of feet (7.7m), which may limit offshore distribution of Southern independent researcher reports. The maneuverability in shallow waters. Residents. We have increased outreach data set does not account for level of Southern Residents are seldom observed efforts to gather sighting information effort by season or location, and, in shallow waters. (This is in contrast to from coastal communities, vessel therefore, the sampling and data are transient killer whales, which enter operators, and pilots along the coasts of biased (Osborne, 2005). The 1990–2003 shallow water to capture seals and sea Oregon, Washington, and British Whale Museum data set is, however, the lions, and Northern Residents, which Columbia. In addition, researchers are most comprehensive long-term data spend time in shallow water at rubbing conducting dedicated ship surveys to available to evaluate broad-scale whale beaches.) Because there is limited locate the whales and observe their distribution in inland waters at this time information, we are requesting activities outside of Puget Sound. The (with a total number of sighting records information on killer whale use of research program is a long-term effort, of 22,509). In order to evaluate shallow areas with less than 20 feet but we hope to greatly increase the frequency of use, our analysis of the (6.1m) of water (see Public Comments number of coastal observations in the sightings was limited to one unique Solicited). next 5 years. As new information is location sighting, per location, per day During the late fall, winter, and early collected on the coastal and offshore to reduce the bias introduced by spring, the ranges and movements of the distribution and habitat use, we hope to multiple sightings of the same whales in

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the same location on the same day (total strength of the summer use pattern a passage used to access outer coastal number of unique sightings per day is would undoubtedly persist if waters feeding grounds, including 11,836). For the majority of the killer accounting for sighting effort. Sighting Swiftsure and La Perouse Banks, off whale sightings the location reported data from 1976–1990, when effort was Tofino, British Columbia, and off was not an exact point location (Lat./ significantly lower, also reflects this Westport, as well as other areas with Long.), and all locations were pattern (Whale Museum, unpubl. data). unknown usage, such as the coast of subsequently assigned to a center point The largest number of sightings in northern California. Recent observations in a quadrant system (Osborne, 2005). Washington’s inland waters is from at Westport coincided with presence of Almost half of the data is from the Haro Strait off the west side of San Juan a spring Chinook salmon run, although Whale Watch pager system created by Island. There are over 1,200 unique other species were also likely present the commercial whale watch industry sightings from 1990–2003 in one (NWFSC, unpubl. data). The presence of and available to subscribers. A quadrant off the west side of San Juan migrating salmonids in the Strait of Juan validation of recent pager data revealed Island. de Fuca suggests that feeding might greater than 90 percent accuracy in Much of the behavioral research on occur during times the whales are locating whales (Hauser et al., in prep). Southern Residents takes place within transiting. However, the whales are not From the sightings and other data, we Area 1. Southern Residents are observed known to spend long periods in have identified three ‘‘specific areas,’’ exhibiting a variety of behaviors in this localized areas in the Strait. Sightings of within the geographical area occupied area, including travel, forage, social, and the Southern Residents in Area 3 are by the species, that contain PCEs. We play. Resident whales spend 50–67 limited, particularly on the U.S. side of considered presence and movements of percent of their time foraging (Heimlich the international boundary, as there is the whales, behavioral observations and Boran, 1988; Ford, 1989; Morton, 1990; little observation effort in the area, studies, and other information to verify Felleman et al., 1991). Opportunities to particularly to the west toward the that one or more of the physical or forage are presumed to be a major factor Bonilla Point/Tatoosh Island line. Even biological features, or PCEs, can be attracting Southern Residents to Area 1, with a small number of actual sightings, found in these three areas. In some cases particularly in the summer months we can infer that the whales are using where direct data on PCEs were not when it is considered a primary feeding this corridor, and the passage PCE is available, we relied on distribution area for all three pods (J, K, and L). present in Area 3 based on the inland patterns of the whales to infer presence Area 2. Puget Sound—south from and coastal sightings of whales. The of PCEs. Deception Pass Bridge, entrance to Strait of Juan de Fuca is not the only Area 1. Core Summer Area—Bordered Admiralty Inlet, Hood Canal Bridge. transit corridor between inland waters to the North and West by the U.S./ Southern Resident killer whale and coastal British Columbia, and the Canadian border, Area 1 includes the occurrence in Area 2 has been whales occasionally use the Strait of waters surrounding the San Juan correlated with fall salmon runs, a prey- Georgia and Johnstone Strait in Islands, the U.S. portion of the Southern related PCE. Feeding has been observed Canadian waters as an alternate route. Strait of Georgia, and areas directly in Area 2 (NWFSC, unpubl. data), offshore of Skagit and Whatcom though few behavioral studies have Special Management Considerations counties. Prey species, one of the PCEs, been conducted in this area. During the The specific areas within the are present in Area 1. Runs of salmon fall, Southern Residents, especially J geographical area occupied by a species passing through Area 1 include pod, expand their movements into Puget meet the definition of critical habitat Chinook, chum, coho, pink, and sockeye Sound, likely taking advantage of chum only if they contain physical or salmon, which have all been identified and Chinook salmon runs (Osborne, biological features that ‘‘may require as prey for Southern Residents (Ford et 1999). A fall chum run was suggested as special management considerations or al., 1998; Ford and Ellis, 2005; NWFSC, the likely reason for an extended protection.’’ Agency regulations at 50 unpubl. data). The Strait of Juan de presence of members of L pod in Dyes CFR 424.02(j) define ‘‘special Fuca, Haro and Georgia Straits are Inlet during October and November of management considerations or relatively narrow channels and 1997. protection’’ to mean ‘‘any methods or concentrate salmon returning from the Southern Resident killer whales have procedures useful in protecting physical Pacific Ocean to spawn in U.S. and been sighted in parts of Area 2 in all and biological features of the Canadian rivers. In particular, Area 1 seasons despite limited search effort. environment for the conservation of lies near the mouth of the Fraser River, The presence of Southern Residents in listed species.’’ Several forms of human which has the largest salmon runs in the Area 2 is intermittent, with the smallest activity have the potential to affect the Georgia Basin/Puget Sound region number of sightings in May–July. There habitat of killer whales and, specifically, (Northcote and Atagi, 1997). are different sighting patterns in Area 2 the PCEs that are essential to their Occurrence of Southern Residents in for the three pods. In the most southern conservation. Area 1 coincides with concentrations of portion of Area 2, south of Tacoma Most salmon stocks throughout the salmon. Southern Resident killer whales Narrows Bridge, there have been only a Northwest are at a fraction of their have been sighted in Area 1 during small number of Southern Resident historic levels. Historically, overfishing every month of the year, but sightings sightings from October–January, with was a major cause of decline. More are more consistent and concentrated in one additional sighting in April. recently the major cause is loss of the summer months of June through Area 3. Strait of Juan de Fuca— freshwater habitat. Poor ocean August. The Whale Museum database Deception Pass Bridge, San Juan and conditions over the past two decades from 1990–2003 contains 11,836 unique Skagit County lines to the northeast, reduced populations already weakened sightings after duplicate locations on the entrance to Admiralty Inlet to the by the degradation and loss of same date are excluded. Of these, 8,508 southeast, U.S./Canadian border to the freshwater and estuary habitat, fishing are in U.S. waters, and 85 percent of the north, Bonilla Point/Tatoosh Island line pressures, hydropower system U.S. sightings are in Area 1. Although to the West. All pods regularly use the management, and hatchery practices. sighting effort in Area 1 is extensive Strait of Juan de Fuca for passage from Continued regulation of contaminants during the summer months as compared Areas 1 and 2 to outside waters in the and pollution in Puget Sound is also to other areas, which biases the data, the Pacific Ocean. Area 3 is predominantly necessary to protect the prey PCE for

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Southern Residents through show a trend of decreasing levels of Coastal and Offshore Areas management schemes, such as the contamination moving north from South We have few data on Southern National Pollutant Discharge Puget Sound to the San Juans and up Resident distribution and habitat use of Elimination System (NPDES). into Canadian waters (Jeffries et al., coastal and offshore areas in the Pacific Contaminants enter marine waters and 2003; Ross et al., 2004). Exposure to Ocean. While we know that the whales sediments from numerous sources, but contaminants for species of salmon occupy these waters for a portion of the are typically concentrated near areas of depends on feeding patterns and may year and they are considered part of the high human population and also be linked to salmon spending geographical area occupied by the industrialization. Once in the different amounts of time in Puget species, we do not have detailed environment these substances proceed Sound (O’Neill et al., 2005). Three of the information about distribution, up the food chain, accumulating in four major oil refineries in Puget Sound behavior, and habitat. While we can long-lived top predators like Southern are located in Area 1. There is infer that some of the PCEs, such as Resident killer whales. Chemical commercial and recreational fishing for prey, must be present to support the contamination through the food chain salmon and other species in Area 1, and whales, we do not have sufficient data continues to be a potential threat to effort is seasonally dependent on fish to describe them adequately and Southern Resident killer whales, despite abundance. the enactment of modern pollution identify ‘‘specific areas’’ with those controls in recent decades, which were Area 1 and nearby adjoining Canadian features. Based on the difficulties of successful in reducing, but not waters contain the highest level of determining PCEs, we cannot assess the eliminating, the presence of many commercial and recreational whale human activities affecting them or the contaminants in the environment. watching activity in the region. The special management considerations for Oil spills are another source of majority of both Canadian- and U.S.- their protection. At this time we are not contamination that can have long- based whale watching vessels originate proposing to designate coastal or lasting impacts on habitat (although the from ports and marinas in Area 1, offshore areas, though we do recognize primary concern with oil spills is the although there are a small number of that they are important for the Southern potential for direct injury to the whales). vessels originating from ports in Areas Resident killer whales. There is an The Environmental Protection Agency 2 and 3 (Hauser et al., in prep). Fishing active research program to fill the data and U.S. Coast Guard oversee the Oil vessels, ferries, oil tankers, and gaps regarding coastal and offshore Pollution Prevention regulations commercial shipping vessels are also distribution and habitat features, and we promulgated under the authority of the present in Area 1, which contains a anticipate obtaining additional data in Federal Water Pollution Control Act. major shipping channel along the U.S.- the coming years. We will consider new There is a Northwest Area Contingency Canada border. information as it becomes available to inform future considerations of critical Plan, developed by the Northwest Area Area 2. Contaminated sediment levels habitat for Southern Residents. Committee, which serves as the primary in Area 2 likely range from low/ guidance document for oil spill moderate (northern portions) to very Unoccupied Areas response in Washington and Oregon. high (e.g., near Tacoma). A higher ESA section 3(5)(A)(ii) further defines Southern Residents are highly mobile number of NPDES permits are issued in and use a variety of areas for foraging critical habitat to include ‘‘specific areas Area 2 than in Areas 1 or 3. One of the outside the geographical area occupied’’ and other activities, as well as for four major oil refineries in Puget Sound traveling between these areas. Human if the areas are determined by the is located in Area 2. Considerable vessel Secretary to be ‘‘essential for the activities can interfere with movements traffic (including shipping, oil tanker of the whales and impact the passage conservation of the species.’’ and ferry traffic) occurs in Area 2, and Regulations at 50 CFR 424.12(e) specify PCE. In particular, vessels may present the ports of Seattle and Tacoma are obstacles to whale passage, causing the that NMFS ‘‘shall designate as critical located in Area 2. Whale watching may habitat areas outside the geographical whales to swim further and change be expanding in Area 2 to include fall direction more often, which potentially area presently occupied by a species months following the primary summer only when a designation limited to its increases energy expenditure for whales whale watch season. There is and impacts foraging behavior (although present range would be inadequate to commercial and recreational fishing for ensure the conservation of the species.’’ this effect of vessels is primarily a direct salmon and other species in Area 2, and effect on the whales rather than an effect At the present time we have not effort is seasonally dependent on fish identified any areas outside the on their habitat). abundance. Major categories of habitat-related geographical area occupied by the activities which may require special Area 3. Contaminated sediment levels species that are essential for its management considerations or in Area 3 likely range from low to conservation, and, therefore, we are not protection include fishery management, moderate with isolated spots of proposing to designate any unoccupied vessel activities, and water quality moderate/high levels (e.g., Port areas. During the comment period we management. All of these activities have Angeles). Area 3 contains a major are requesting information on any the potential to affect the PCEs by shipping lane for commercial shipping potential unoccupied areas that may be altering prey abundance, prey vessels entering and departing major essential for conservation. U.S. ports of Seattle and Tacoma, and contamination levels, and passage Activities That May be Affected between areas. Vancouver in British Columbia, Canada. Oil tankers also use the shipping lane to Section 4(b)(8) of the ESA requires Features Which May Require Special transport crude oil to the four major that we describe briefly and evaluate, in Management Considerations or refineries in Puget Sound. There is little any proposed or final regulation to Protection in Each Specific Area whale watching activity in Area 3. designate critical habitat, those Area 1. Area 1 likely has areas of low There is commercial and recreational activities that may destroy or adversely to moderate levels of contaminated fishing for salmon and other species in modify such habitat or that may be sediments. Levels of contaminants in Area 3, and effort is seasonally affected by such designation. A wide marine mammals such as harbor seals dependent on fish abundance. variety of activities may affect critical

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habitat and, when carried out, funded, this designation, we analyzed two types modification prohibition, beyond the or authorized by a Federal agency, of ‘‘particular’’ areas. Where we changes predicted to occur as a result of require an ESA section 7 consultation. considered economic impacts, and listing and the jeopardy prohibition. For Such activities include, but are not weighed the economic benefits of example, in our recent critical habitat limited to, fishery management exclusion against the conservation designations for salmon and steelhead, practices, vessel traffic, dredging and benefits of designation, we used the informed by a Tenth Circuit decision, disposal, sub-marine cable/pipeline same biologically-based ‘‘specific’’ areas we considered the ‘‘co-extensive’’ installation and repair, oil and gas we had identified under section 3(5)(A) impact of designation—that is, the exploration, pollutant discharge, and oil (Areas 1, 2, and 3). This delineation predicted change in agency action as a spill prevention and response. allowed us to most effectively consider result of critical habitat designation and This proposed designation of critical the conservation value of the different the adverse modification prohibition, habitat will provide Federal agencies, areas when balancing conservation even if the same change would have private entities, and the public with benefits of designation against economic occurred because of listing and the clear notification of proposed critical benefits of designation. Where we jeopardy prohibition. For the present habitat for Southern Resident killer considered impacts on national security, rulemaking, we have again predicted the whales and the boundaries of the however, we instead used a delineation co-extensive impact of designation. habitat. This proposed designation will of ‘‘particular’’ areas based on We examined the types of Federal also assist Federal agencies and others ownership or control of the area. This activities that may affect Southern in evaluating the potential effects of delineation allowed us to compare and Resident killer whale critical habitat. their activities on critical habitat and in balance the benefits of designation and We identified three categories of determining if ESA section 7 exclusion relative to land ownership activities that may affect killer whale consultation with NMFS is needed. and management. critical habitat and therefore be subject Consistent with recent agency guidance Impacts of Designation to ESA section 7’s adverse modification on conducting adverse modification requirement: Salmon fishing, vessel ESA Section 4(b)(2) provides that the analyses (NMFS, 2005a), we will apply traffic, and water quality management. Secretary shall consider certain impacts the statutory provisions of the ESA, Because killer whales are newly listed before designating critical habitat: ‘‘the including those in section 3 that define and we lack a consultation history, we Secretary shall designate critical habitat ‘‘critical habitat’’ and ‘‘conservation,’’ to necessarily had to make assumptions * * * on the basis of the best scientific determine whether a proposed action about what types of Federal activities might result in the destruction or data available and after taking into might undergo section 7 consultation. adverse modification of critical habitat. consideration the economic impact, impact to national security, and any We next considered the range of Application of ESA Section 4(b)(2) other relevant impact of specifying any modifications we might seek in these The foregoing discussion describes particular area as critical habitat.’’ The activities to avoid adverse modification the specific areas that fall within the primary impact of a critical habitat of Southern Resident killer whale ESA section 3(5) definition of critical designation comes from the ESA section critical habitat, again making habitat and are eligible for designation 7(a)(2) requirement that Federal assumptions, given the lack of as critical habitat. Specific areas eligible agencies ensure their actions are not consultation history. We relied on for designation are not automatically likely to result in the destruction or information from our proposed designated as critical habitat. Section adverse modification of critical habitat. conservation plan for the Southern 4(b)(2) of the ESA requires the Secretary Determining this impact is complicated Resident killer whales developed under to first consider the economic impact, by the fact that section 7(a)(2) contains the Marine Mammal Protection Act (70 impact on national security, and any the overlapping requirement that FR 57565; October 3, 2005), comments other relevant impact of designation. Federal agencies must also ensure their on that plan, comments on the proposed The Secretary has the discretion to actions are not likely to jeopardize the listing determination, and other exclude an area from designation if he species’ continued existence. The true information available to the agency to determines the benefits of exclusion impact of designation is the extent to establish the types of activities and the (that is, avoiding the impact that would which Federal agencies modify their potential range of changes. result from designation) outweigh the actions to ensure their actions are not A draft economic report describes in benefits of designation based upon best likely to adversely modify the critical detail the actions we assumed may be scientific and commercial data. The habitat—beyond any modifications they affected, the potential range of changes Secretary may not exclude an area from would make because of listing and the we might seek in those actions, and the designation if exclusion will result in jeopardy requirement. Additional estimate of economic impacts that might the extinction of the species. Because impacts of designation include state and result from such changes (NMFS, the authority to exclude is discretionary, local protections that may be triggered 2006b). A separate draft ESA 4(b)(2) exclusion is not required for any area. as a result of designation, and benefits report describes which actions we The first step in conducting an ESA that may arise from education of the consider more directly linked to habitat section 4(b)(2) analysis is to identify the public to the importance of an area for effects than species effects, as well as ‘‘particular areas’’ to be analyzed. ESA species conservation. We did not our consideration of benefits of section 3(5) defines critical habitat in identify state or local protections that designation versus benefits of exclusion terms of ‘‘specific areas,’’ and ESA may be triggered by this proposed (NMFS, 2006c). This report also section 4(b)(2) requires the agency to designation, but have identified describes the likelihood of an ESA consider certain factors before educational benefits. We discuss section 7 consultation resulting in designating ‘‘particular areas.’’ educational benefits in the ‘‘Benefits of changes to each type of action. These Depending on the biology of the species, Designation’’ section below. reports are available on the NMFS the characteristics of its habitat, and the We have found it difficult to predict Northwest Region Web site at http:// nature of the impacts of designation, the incremental change in Federal www.nwr.noaa.gov/. We are soliciting ‘‘specific’’ areas might be different from, agency activities as a result of critical comments on our analysis of impacts or the same as, ‘‘particular’’ areas. For habitat designation and the adverse and their potential benefits and costs.

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Impacts of Designation Generally impacts to particular areas but recognize a change will occur in most cases); some that because of the migratory behavior To predict potential impacts of changes to be ‘‘potential’’ (it is of salmon (in contrast to fixed habitat designation, we first identified three foreseeable a change will occur but we features), designation of any area has the categories of activities that may affect currently lack data to predict with any potential to affect harvest in other areas. killer whale critical habitat and confidence the nature and extent of the In considering potential impacts for change); or ‘‘unlikely’’ (it is foreseeable therefore be subject to ESA section 7 each particular area, we kept in mind consultation and the adverse a change will not occur in most cases). certain analytical limitations resulting In balancing the benefits of designation modification prohibition: Salmon in part from our lack of a consultation fishing, vessel traffic, and water quality against the benefits of exclusion, we history: Not all activity types are equally gave greater weight to changes we management. For salmon fishing, we likely to incur changes as a result of considered a range of potential changes: considered ‘‘likely’’ or ‘‘potential’’ than ESA section 7 consultation; all estimates to changes we considered ‘‘unlikely.’’ Reductions in commercial and are based on potential changes resulting recreational salmon fishing from 5 from section 7 consultation, regardless Regarding the overlapping percent to 50 percent, and closures of of whether the modifications are the prohibitions of section 7 under the ESA, fisheries in different catch management result of the ‘‘jeopardy’’ or ‘‘adverse we analyzed each type of activity to areas. We could not identify a federal modification’’ prohibition of section 7; determine whether it directly affects nexus for a section 7 consultation on within each activity type, estimates are individual members of the species or vessel traffic that would relate to the based on potential changes, so there is affects them through a habitat effects of vessels on killer whale a wide range of estimated impacts; modification (that is, does the activity passage. (The only vessels we identified while some impacts are allocated to a bear a more direct relationship to the with a section 7 nexus were U.S. particular area, they could result jeopardy or adverse modification vessels, such as military, Coast Guard, because of other areas being designated. prohibition of section 7?). In balancing etc., and ferries, which receive federal Regarding the first two limitations, we the benefits of designation against the funding. However, since these vessels have attempted in this analysis to weigh benefits of exclusion, we gave greater do not affect the whales’ ability to pass impacts of designation according to weight to changes we considered as freely among areas, we do not anticipate whether they are more or less likely to having a more direct relationship to section 7 consultations will have any occur, and whether they are more adverse modification of critical habitat habitat-related impacts on operations of closely associated with jeopardy or and less weight to changes we these vessels.) For actions related to adverse modification, as described considered as having a more direct water quality management, we below. relationship to jeopardy. Table 1 considered it too speculative to predict Regarding the first limitation, we summarizes the nature and likelihood of either the actions that might undergo considered each of the activity types impact for each type of activity, and ESA section 7 consultation or the types and how likely it was that a change in Table 2 depicts the relative weight we of changes we might seek. a proposed Federal action would be gave each impact as a result of these Where possible, we allocated impacts required as a result of ESA section 7 considerations. A summary of how we to each particular area. For impacts to consultation. We considered some assigned the likelihood, nature of salmon fisheries, we did allocate changes to be ‘‘likely’’ (it is foreseeable impacts, and weights follows the tables.

TABLE 1.—NATURE AND LIKELIHOOD OF IMPACT RESULTING FROM ESA SECTION 7 CONSULTATION, BY ACTIVITY TYPE

Essential feature affected Likelihood of Activity type and nature of effect Type of impact section 7 impact

Fisheries ...... —Affects prey ...... Harvest reduction or change in timing, Potential —Potential to impact individuals and location, etc. by critical habitat area. habitat modification. Harvest closure by management area Unlikely. Water Quality Management—Contami- —Affects prey ...... Changes in NPDES standards ...... Potential. nants. —Stronger connection to habitat modi- fication. Changes in sewer and stormwater run- Potential. off standards. Water Quality Management—Oil Spills —Affects water quality ...... Changes in oil spill regulations ...... Unlikely. —Stronger connection to impact on in- dividuals.

TABLE 2.—IMPACT OF DESIGNATION—RELATIVE WEIGHTS FOR EACH TYPE OF ACTIVITY [Greatest Weight at Top Left of the Matrix, Least Weight at Bottom Right]

Likely (high weight) Potential Unlikely

Likelihood of change occurring as a result of section 7 consultation

Relationship to section 7: jeopardy vs. ad- Adverse modification ...... —Water Quality Man- verse modification. (high weight). agement (NPDES). —Sewer and stormwater runoff. Both ...... —Harvest Reduction —Harvest closure by or Modification. management area.

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TABLE 2.—IMPACT OF DESIGNATION—RELATIVE WEIGHTS FOR EACH TYPE OF ACTIVITY—Continued [Greatest Weight at Top Left of the Matrix, Least Weight at Bottom Right]

Likely (high weight) Potential Unlikely

Jeopardy ...... —Changes in oil spill regulations.

Salmon Fishing. We considered Water Quality Management. We NPDES standards and sewer and runoff changes to salmon harvest, either considered changes in water quality standards are potential, and have a through harvest reductions or changes management through changes in NPDES strong connection to the adverse in timing or location of fishing effort to standards or changes in sewer and modification prohibition of section 7, be ‘‘potential.’’ The limited available stormwater runoff standards to be we gave these changes a moderate to information about killer whale foraging ‘‘potential.’’ Presently, we lack high weight. We gave changes to oil indicates salmon are their primary prey sufficient information about the spill regulations a low weight because species (NMFS, 2006a). We are therefore relationships among the sources of we consider such changes an unlikely likely to focus ESA section 7 contaminants, their movement through result of section 7 consultation and consultations on actions affecting the food chain, and their impact on because such changes would be more salmon abundance, particularly in times killer whales to determine what changes closely linked to jeopardy than to and areas where the whales are foraging. we might seek. Once we have more adverse modification. There is presently little direct information, however, we anticipate Benefits of Designation information, however, about the some changes may be required. Our interactions between salmon harvest ability to estimate impacts of The primary benefit of designation is and foraging success of whales. Because designation is also complicated by the that section 7 of the ESA requires all we presently lack information allowing fact that the State of Washington has Federal agencies to ensure their actions us to predict the nature and extent of many efforts already underway to are not likely to destroy or adversely any changes we might seek, we consider address water quality issues (PSAT, modify the designated habitat. This is in reductions in salmon harvest or changes 2005) and recently announced a new addition to the requirement that all in the location and timing of harvest as Puget Sound Partnership initiative to Federal agencies ensure their actions are ‘‘potential’’ impacts of section 7 restore and protect Puget Sound. These not likely to jeopardize the species’ consultation. In contrast, we considered efforts would presumably be in addition continued existence. Another benefit of harvest closure by management area to existing requirements under the designation is that it provides notice of ‘‘unlikely’’ because the management Clean Water Act and other applicable areas and features important to species areas are large, not necessarily aligned standards. Any new requirements conservation, and information about the with whale foraging areas, would likely imposed or efforts undertaken by the types of activities that may reduce the involve species that may not be state and local governments would alter conservation value of the habitat, which important components of the Southern the baseline conditions, which we use can be effective for education and Residents’ diet, and could include large to determine the impacts of designation. outreach. Critical habitat designation numbers of fish that surpass the We considered changes to oil spill may also trigger protection under state nutritional requirements of the whales regulations unlikely because we believe or local regulations. for some catch areas. additional oil spill regulations are not In addition to the direct benefits of We considered fishing to have an needed to meet section 7 requirements. critical habitat designation to the killer equally strong connection to both the Water quality management has the whales, there may be ancillary benefits. jeopardy and the adverse modification potential to affect individual Southern These other benefits may be economic prohibitions of ESA section 7. Salmon Residents, but is of greatest concern in nature, or they may be expressed fishing directly affects individual because it may allow contaminants to through beneficial changes in the members of the species by reducing the enter the whales’ habitat and food ecological functioning of Puget Sound. amount of food available, and, therefore, chain. When ultimately consumed by For example, Puget Sound supports an potentially affecting the ability of killer whales, the contaminants can active whale watching industry, and so individual animals to meet their cause injury, but the effect is through an increase in the killer whale nutritional requirements. Salmon are the whales’ prey, an important feature of population could increase the economic also one of the biological features in the their habitat. Once the contaminants value of that activity. Another example habitat essential to conservation of the enter the habitat, they cause a long- could be the increased viability of Puget whales, so fishing also modifies critical lasting modification of the habitat. This Sound salmon populations if their habitat by removing prey. Because modification occurs regardless of harvest is reduced to assure a larger changes in fisheries through catch whether the whales are present at the prey supply for killer whales. Yet reductions or changes in timing and time of the activity. We therefore another example could be reduced location are potential, and because they consider this the activity with the levels of pollution in Puget Sound. have a connection to both the jeopardy strongest link to the adverse With sufficient information, it may be and adverse modification prohibition of modification prohibition of ESA section possible to monetize benefits of critical section 7, we gave these potential 7. Oil spills have the potential to modify habitat designation. For the direct changes a moderate weight (see Table habitat, but are a primary concern benefits, this would require us to first 2). We gave area management closures because of their potential to directly quantify the benefit to killer whales a low weight because, while they have injure individual animals. We expected from ESA section 7 a connection to both the jeopardy and considered this activity to have a consultation (for example, the number adverse modification prohibitions, they stronger link to the jeopardy prohibition of killer whales saved or the increase in are unlikely. of ESA section 7. Because changes to their longevity, health, productivity,

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etc.), and then translate that benefit into in the area, the types of human activities al., 1998; Ford and Ellis, 2005; NWFSC, dollars (for example, using information occurring in the area that may threaten unpubl. data). about willingness-to-pay). For the the features, and the likelihood that Killer whales require abundant prey ancillary benefits, monetizing benefits designation would lead to changes in for successful foraging. Designation of would require quantifying the effects of those activities either because of an ESA Area 1 as critical habitat is likely to critical habitat protection to these other section 7 consultation or because of the improve the ability of an ESA section 7 possible sources of benefits, and then educational effect of designation. We consultation to focus on salmon translating these impacts into dollars. also considered that each area is unique abundance as an essential biological We are not aware of any available data and supports a distinct aspect of the feature of the whales’ habitat. It is also that would support either step of such whales’ life history. This consideration likely to improve the ability of a section an analysis for killer whales. The short is described in the 4(b)(2) report 7 consultation to affect water quality statutory timeframes and the ESA’s supporting this proposed rule (NMFS, management activities, though we have requirement to use the best ‘‘available’’ 2006c) and summarized below. information suggest such a costly and Area 1. This is the particular area little information at this time to predict time-consuming approach is not where Southern Residents are most what those actions may be and how currently possible. In addition, ESA frequently observed and likely the most such actions may be changed as a result section 4(b)(2) requires us to consider important area for their conservation. of section 7 consultation. and weigh impacts other than economic Whales are observed feeding, There is little likelihood that an ESA impacts that are equally difficult to socializing, traveling and resting in Area section 7 consultation would affect monetize, such as the benefits to 1. The Strait of Juan de Fuca and the vessel traffic in Area 1, but we believe national security of excluding areas Haro and Georgia Straits are relatively critical habitat designation may provide from critical habitat. Given the lack of narrow channels that concentrate significant conservation benefits to information that would allow us either salmon returning from the Pacific Ocean killer whales, particularly in Area 1 to quantify or monetize the benefits of to spawn in U.S. and Canadian rivers. because of its educational value for the designation for the whales, we have In particular, Area 1 lies near the mouth large numbers of boaters and whale determined the qualitative conservation of the Fraser River, which has the watchers. If we can highlight that the benefits of designating each of the three largest salmon runs in the Georgia area is ‘‘critical habitat’’ for the whales, particular areas identified as critical Basin/Puget Sound region (Northcote it will strengthen the messages to habitat for Southern Residents. In and Atagi, 1997). Runs of salmon boaters about operating their vessels determining the benefit of designation passing through the area include responsibly in the area. Table 3 for each area, we considered a number Chinook, chum, coho, pink, and illustrates the various factors we of factors. We took into account the sockeye, which have all been identified considered in weighing the benefit of physical and biological features present as prey for Southern Residents (Ford et designation for Area 1.

TABLE 3.—BENEFIT OF DESIGNATION FOR AREA 1

Frequency/Importance of Weights of impacts based on Likelihood of PCEs Threats threats Table 2 education benefits

Water quality ...... Oil spills ...... High ...... Low. Prey ...... Water quality ...... Moderate ...... Mod-High. Fishing ...... High ...... Moderate. Passage ...... Physical presence of vessels High ...... High.

Area 2. Southern Resident killer There are fewer sightings of whales in quality in Area 2 is the most impaired whales have been seen in parts of Area this area, particularly south of the of all three areas. 2 in all seasons, but they use Area 2 Tacoma Narrows bridge, and salmon There is little likelihood that a section more in the fall than in the summer. stocks are not as abundant as in Area 1. 7 consultation would affect vessel traffic They likely move into this area to take Nevertheless, late salmon runs appear to in Area 2, but we believe critical habitat advantage of chum and Chinook runs as provide needed prey during the fall, designation may provide some their occurrence in the area has been particularly for J pod. As with correlated with fall salmon runs. conservation benefits to killer whales in designation of Area 1, designation of this area because of its educational Feeding has been observed in Area 2 Area 2 as critical habitat is likely to (NWFSC, unpubl. data), although few value for boaters. Interference with the improve the ability of an ESA section 7 behavioral studies have been conducted whales from vessels is not as great a consultation to focus on salmon in this area. The J pod in particular concern in Area 2 as in Area 1, but it expands into this area in the fall abundance as a habitat feature. It may is still an important concern because of (Osborne, 1999), and a fall chum run also improve the ability of a section 7 the large number of recreational vessels has been suggested as the likely reason consultation to affect water quality in this area and the potential for for an extended presence of members of management activities. Though we have disturbance. Table 4 illustrates the L pod in Dyes Inlet during October and little information at this time to predict various factors we considered in November of 1997. what those actions may be and how they weighing the benefit of designation for Area 2 may be less important than may be changed as a result of section 7 Area 2. Area 1 to killer whale conservation. consultation, it is clear that water

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TABLE 4.—BENEFIT OF DESIGNATION FOR AREA 2

Frequency/Importance of Weights of impacts based on Likelihood of PCEs Threats threats Table 2 education benefits

Water quality ...... Oil spills ...... High ...... Low. Prey ...... Water quality ...... High ...... Mod-High. Fishing ...... High ...... Moderate. Passage ...... Physical presence of vessels Moderate ...... Moderate.

Area 3. Area 3 provides needed corridor and the passage is an essential It may improve the ability of a section passage for Southern Residents from the feature of Area 3 based on the inland 7 consultation to affect water quality interior waters of Puget Sound to coastal and coastal sightings of whales. The management activities, though we have waters. Although the whales may also Strait of Juan de Fuca is not the only little information at this time to predict feed as they transit this area, the most transit corridor between inland waters what those actions may be and how they important habitat feature of this area is and coastal British Columbia; the may be changed as a result of section 7 passage. Sightings of the Southern whales occasionally use the Strait of consultation. Water quality in Area 3 is Residents in Area 3 are limited, Georgia and Johnstone Strait in the least impaired of all three areas. particularly on the U.S. side of the Canadian waters as an alternate route. Although there are limited observations international boundary as there is little It is difficult to compare the in this area, it appears that the Southern observation effort in the area, importance of this area to Areas 1 and Residents do not stop and feed here, but particularly to the west near the Bonilla 2 because the whales use the areas for primarily use this area for transit. Table Point/Tatoosh Island line. Even with a different activities. Designation of Area 5 illustrates the various factors we small number of actual sightings we can 3 as critical habitat may provide less considered in weighing the benefit of infer that the whales are using this benefit than designation of Areas 1 or 2. designation for Area 3.

TABLE 5.—BENEFIT OF DESIGNATION FOR AREA 3

Frequency/Importance of Weights of impacts based on Likelihood of PCEs Threats threats Table 2 education benefits

Water quality ...... Oil spills ...... High ...... Low. Prey ...... Water quality ...... Moderate ...... Mod-High. Fishing ...... Moderate ...... Moderate. Passage ...... Physical presence of vessels Low ...... Low.

Determining the Benefits of Excluding areas and considered national security Management and Budget, Circular A–4, Particular Areas and Balancing the benefits of excluding the 18 ‘‘particular’’ September 17, 2003 (OMB, 2003)). Benefits of Designation Against the areas delineated based on military Economic Impacts (Economic Benefits Benefits of Exclusion ownership or control. of Exclusion) Section 4(b)(2) of the ESA calls for ESA section 4(b)(2) calls for balancing balancing the benefits of designation the benefits that are not directly A draft economic report describes in against the economic, national security, comparable—the benefit associated with detail the actions we assumed may be and other benefits of exclusion. We species conservation balanced against affected, the potential range of changes recognize that, in reality, excluding an the economic benefit, benefit to national we might seek in those actions, and the area from designation will not likely security, or other relevant benefit that estimate of economic impacts that might avoid all of the impacts we considered, results if an area is excluded from result from such changes. We because the ESA section 7 requirement designation. ESA section 4(b)(2) does considered a range of potential regarding jeopardy still applies, just as not specify a method for the weighing modifications to fishing in Puget Sound designating an area provides protection process. Agencies are frequently (described above) and developed an that overlaps with that afforded by the required to balance benefits of expected direct cost for changes at each end of the range as well as in some cases section 7 jeopardy prohibition. To regulations against impacts; Executive determine the benefits of excluding for intermediate points within the range. Order (E.O.) 12866 established this particular areas, we considered the We considered it too speculative at this requirement for Federal agency previously-discussed Federal activities time to postulate likely consultations on regulation. Ideally such a balancing that could be changed as a result of a water quality management actions, and section 7 consultation and application would involve first translating the what changes we might seek in those of the adverse modification prohibition. benefits and impacts into a common actions. The results of our analysis are We considered changes to those actions metric. Executive branch guidance from contained in a draft economic report that could potentially be required to the Office of Management and Budget (NMFS, 2006b) supporting this avoid adversely modifying critical (OMB) suggests that benefits should first proposed rule and are summarized habitat, regardless of whether the be monetized (converted into dollars). below. Although the range of potential changes could also potentially be Benefits that cannot be monetized impacts is large, we consider it unlikely required to avoid jeopardizing the should be quantified. Where benefits that the extreme ends of the range will whales’ continued existence. We also can be neither monetized nor be achieved. The extreme ends of the considered economic benefits of quantified, agencies are to describe the range (for all impacts in a category) excluding each of the three ‘‘particular’’ expected benefits (U.S. Office of assume that every project or action

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consulted on would have the lowest or Washington and other Federal agencies the more likely option. Thus, for salmon highest possible cost for that type of between the publication of this fishing, the more likely option is harvest action. This outcome is highly unlikely, proposed rule and the final rule, to reduction or changes in area and timing, as projects are likely to have a obtain better information on current and rather than closure of management distribution of costs within the low-high proposed programs. We will use this areas. The tables also display the weight range. Further, because we lack information to account for any changes we gave each activity, which is relevant information on the likely distribution of in State programs or requirements that to our consideration of costs for each costs across projects, we believe it is may alter the baseline conditions and to area. As described in the draft reasonable to construct a range of costs better estimate economic impacts of economics report (NMFS 2006c), the for each area. designation for the final rule. total range of estimated economic Regarding impacts from changes to Tables 6 through 8 illustrate the water quality management activities, we potential range of economic benefits of impacts for this proposed designation is are aware of many of the programs exclusion for each area, both by activity $1,007,000–$10,071,000. (This number currently in place to restore and protect category and by total for the area. For is slightly lower than the sum of the Puget Sound (PSAT, 2005), and we activity categories where there were two impacts shown in Tables 6–8 due to intend to coordinate with the State of mutually exclusive options, we selected rounding.)

TABLE 6.—ECONOMIC BENEFIT OF EXCLUSION FOR AREA 1 [in $1,000s]

Activity type Type of impact Weight Range

Salmon Fisheries ...... Harvest reduction or change in timing or location Moderate ...... 305–3,055 Water Quality Management ...... NPDES standards ...... Moderate-High ...... NA Sewer and stormwater runoff ...... Moderate-High ...... NA Oil spills ...... Low ...... 0

Total ...... 305–3,055

TABLE 7.—ECONOMIC BENEFIT OF EXCLUSION FOR AREA 2 [in $1,000s]

Activity type Type of impact Weight Range

Salmon Fisheries ...... Harvest reduction or change in timing or location Moderate ...... 466–4,660 Water Quality Management ...... NPDES standards ...... Moderate-High ...... NA Sewer and stormwater runoff ...... Moderate-High ...... NA Oil spills ...... Low ...... 0

Total ...... 466–4,660

TABLE 8.—ECONOMIC BENEFIT OF EXCLUSION FOR AREA 3 [in $1,000s]

Activity type Type of impact Weight Range

Salmon Fisheries ...... Harvest reduction or change in timing or location Moderate ...... 236–2,357 Water Quality Management ...... NPDES standards ...... Moderate-High ...... NA Sewer and stormwater runoff ...... Moderate-High ...... NA Oil spills ...... Low ...... 0

Total ...... 236–2,357

Section 4(b)(2) of the ESA requires weight to the incremental benefit of environment, and the potential limits on that we balance the benefit of designation beyond the protection prey availability (primarily salmon) designation against the economic provided by listing and the jeopardy given uncertain future ocean benefit of exclusion for each particular prohibition. We have identified the conditions.’’ As described above, area. The co-extensive benefit to the threats that face each area and the designation of critical habitat will species of designation depends upon the likelihood that the adverse modification enhance our ability to address some of inherent conservation value of the area, prohibition will enhance our ability to these threats, either through an ESA the seriousness of the threats to that address those threats. section 7 consultation or through conservation value, and the extent to We listed the whales as endangered, ongoing public outreach and education. which an ESA section 7 consultation or citing, among other reasons, ‘‘the Because some of these threats bear a the educational aspects of designation ongoing and potentially changing nature stronger relationship to adverse will address those threats. If a threat of pervasive threats, in particular, modification than to jeopardy, we also bears a closer relationship to the adverse disturbance from vessels, the believe there is an incremental benefit modification prohibition of section 7, persistence of legacy toxins and the of designation beyond the protection we can begin to understand and give addition of new ones into the whales’ afforded by the jeopardy prohibition.

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The benefit of designation also before a final designation. These include affect military readiness. The Army and depends on the inherent conservation a better understanding of the potential Navy concluded that critical habitat value of the area. The habitat areas for impacts of designation on water quality designation at any of these sites would these killer whales are unique and management activities. likely impact national security by irreplaceable. It is difficult to separate diminishing military readiness. The Impacts on National Security the value of any one of the areas: each DoD requested that we consider of the three areas supports a distinct Prior to listing Southern Resident conducting an ESA section 4(b)(2) aspect of the whales’ life history, and killer whales under the ESA, we analysis to determine whether all of the the conservation function of each area contacted the DoD by letter and sites could be excluded from complements the conservation function identified 18 military sites, previously designation because the benefits of of the others. Therefore, designation of addressed during salmon and steelhead exclusion outweigh the benefits of each particular area benefits the habitat designations, that potentially designation. The possible impacts to conservation function of the other areas. overlapped with areas under national security include: preventing, For all of the reasons discussed above, consideration for Southern Resident restricting, or delaying training or we consider the benefit of designation of killer whale critical habitat: (1) Naval testing exercises or access to sites; each area to be high. Undersea Warfare Center, Keyport; (2) restricting or delaying activities The benefit of exclusion of an area Naval Ordnance Center, Port Hadlock associated with vessel/facility depends on some of the same factors— (Indian Island); (3) Naval Fuel Depot, maintenance and ordnance loading; and the likelihood of an ESA section 7 Manchester; (4) Naval Air Station, delaying response times for ship consultation and the extent to which an Whidbey Island; (5) Naval Station deployments and overall operations. activity is likely to change as a result of Everett; (6) Naval Hospital Bremerton; The benefit of excluding these that consultation. As with the benefit of (7) Fort Lewis (Army); (8) Pier 23 particular areas is that the Navy would designation side of the equation, if a (Army); (9) Puget Sound Naval Ship only be required to comply with the threat bears a closer relationship to the Yard; (10) Strait of Juan de Fuca naval jeopardy prohibition of ESA section adverse modification prohibition of air-to-surface weapon range, restricted 7(a)(2) and not the adverse modification section 7, we can begin to understand area; (11) Strait of Juan de Fuca and prohibition. The Navy maintains that and give weight to the incremental cost Whidbey Island naval restricted areas; the additional commitment of resources of designation (benefit of exclusion) (12) Admiralty Inlet naval restricted in completing an adverse modification beyond the cost associated with listing area; (13) Port Gardner Naval Base analysis, and any change in its activities and the jeopardy prohibition. In restricted area; (14) Port Orchard to avoid adverse modification of critical balancing the potential costs of Passage naval restricted area; (15) habitat, would likely reduce its designation, we also considered the Sinclair Inlet naval restricted area; (16) readiness capability. Given that the nature of the threats and the relevance Carr Inlet naval restricted area; (17) Port Navy is currently actively engaged in of section 7’s adverse modification Townsend/Indian Island/Walan Point training, maintaining, and deploying prohibition to each threat. Because naval restricted area; and (18) Crescent forces in the current war effort, this adverse modification and jeopardy bear Harbor Explosive Ordnance Units reduction in readiness could reduce the an equally strong relationship to fishing, Training Area. ability of the military to ensure national and because some changes in fishing are These 18 sites overlap with areas we security. likely as a result of consultation, we found to meet the definition of critical We assessed the benefit of designating gave these costs of designation moderate habitat for the Southern Resident killer these areas of overlap based on: the weight. We recognize that adverse whale DPS. These sites include shore- physical or biological features of each modification bears the strongest based facilities and offshore areas in area, the Southern Residents’ use of relationship to water quality Puget Sound where the Navy has each area (including how frequently management, but we presently lack security restrictions. Because of they are present), the Federal activities sufficient data to estimate an economic mapping imprecision, we cannot in each area that might trigger an ESA impact. We also recognize that we have determine the extent to which the shore- section 7 consultation, the likelihood not monetized (quantified) the costs that based facilities may extend into 20-foot that we would seek a modification of may be associated with the education (6.1 m) deep waters of Puget Sound, those activities, and the strength of the benefit of designation with respect to and, therefore, the exact amount of connection between those activities and vessel traffic. overlap with proposed killer whale habitat modification. The benefit of We conclude that the economic critical habitat. There are, however, sites designation is that the section 7 benefits of excluding each particular that clearly include waters deeper than requirement regarding adverse area do not outweigh the conservation 20 feet (6.1 meters). The 18 sites, modification would focus our section 7 benefits of designating each particular including open marine areas associated consultations on essential physical and area as critical habitat, given the with these sites, cover approximately biological features of the whales’ endangered status of the whales, the 112 square miles (291 sq km) out of the habitat, particularly where the Federal uniqueness of the habitat, the fact that total 2,676 square miles (6,931 sq km) activity has a more direct impact on threats to habitat were a primary under consideration as critical habitat habitat features and a less direct impact concern leading to our endangered for Southern Residents. The shore-based on individual killer whales. finding, and the fact that designation sites cover 81 miles (130 km) of We considered the overlap of killer will enhance the ability of an ESA shoreline out of the total 2,081 miles whale habitat within the boundaries of section 7 consultation to protect the (3,349 km) of shoreline in the proposed military sites; the conservation value of habitat. critical habitat areas. that habitat; and the types of Federal We will seek further information, The DoD confirmed that the 18 sites activities in those areas that would including public comment and are owned or controlled by the DoD, likely undergo ESA section 7 information from other Federal identified the types of military activities consultation. We also considered the agencies, on important and relevant that take place in the areas, and high priority placed on national aspects of this economic analysis to provided an assessment as to whether security, the potential for critical habitat better understand economic impacts designation of critical habitat would designation to have some impact on

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military readiness, and the fact that, comments or suggestions from the and parties to give comments, exchange collectively, these areas represent public, other concerned governments information and opinions, and engage in relatively small percentages of the total and agencies, the scientific community, a constructive dialogue concerning this habitat and none of them are located in industry, or any other interested party proposed rule. We encourage the Area 1, the core summer area. Based on concerning this proposed rule. public’s involvement in such ESA our consideration of these factors, we Comments particularly are sought matters. Based on the level of public concluded that the national security concerning: interest in Southern Resident killer benefits of exclusion outweigh the (1) Maps and specific information whales, public meetings have been conservation benefits of designation for describing the amount, distribution, and scheduled for July 12, 2006, 7–9 p.m., each of the 18 sites, and we are not use type (e.g., feeding, migration, at the Seattle Aquarium, Seattle, WA proposing to designate these DoD sites resting) of Southern Resident killer and for July 13, 2006, 7–9 p.m., at the as critical habitat. whales in inland and coastal waters, Whale Museum, Friday Harbor, WA. including shallow areas with less than Other Relevant Impacts Requests for additional public hearings 20 feet (6.1 m) of water; must be made in writing (see We did not identify other relevant (2) Information on the identification, ADDRESSES) by July 31, 2006. impacts of designation beyond location, and quality of physical or economic impacts and impacts on biological features which may be Peer Review national security. In this proposed rule, essential to the conservation of OMB issued its Final Information we are seeking information on such Southern Resident killer whales, Quality Bulletin for Peer Review on impacts. including information on sound as a December 16, 2004. The Bulletin went Critical Habitat Designation PCE; into effect June 16, 2005, and generally (3) Information regarding potential requires that all ‘‘influential scientific We are proposing to designate impacts of designating any particular information’’ disseminated on or after approximately 2,564 square miles (6,641 area, including the types of Federal that date be peer reviewed. A scientific km) of marine habitat within the area activities that may trigger an ESA document supports this proposal to occupied by Southern Resident killer section 7 consultation and the possible designate critical habitat for Southern whales in Washington. Although areas modifications that may be required of Resident killer whales—a draft with water less than 20 feet (6.1 meters) those activities as a result of section 7 Biological Report (NMFS, 2006a), which deep are not proposed for critical consultation. In particular, we are is available on our Web site (see habitat, these shallow areas have not seeking information on water quality ADDRESSES). We obtained independent been subtracted from the estimate of management activities that may trigger peer review of this document and square mileage, so it is an overestimate. section 7 consultation, potential incorporated the peer review comments The proposed areas are occupied and modifications of those activities, and into the document prior to its contain physical or biological features estimated costs of those modifications; dissemination in support of this that are essential to the conservation of (4) Information regarding the benefits rulemaking. A draft Economic Analysis the species and that may require special of designating any particular area of the (NMFS, 2006b) that supports the management considerations or proposed critical habitat; proposal to designate critical habitat for protection. Some of these areas overlap (5) Information regarding the benefits Southern Resident killer whales was with military sites, which are not of excluding particular areas from the also peer reviewed and is available on proposed for designation because they critical habitat designation; our Web site (see ADDRESSES). were determined to have national (6) Current or planned activities in the security impacts that outweigh the areas proposed for designation and their Required Determinations benefit of designation and are therefore possible impacts on proposed critical Regulatory Planning and Review being excluded under ESA section habitat; and 4(b)(2). We determined that the (7) Any foreseeable economic or other We have determined this proposed economic benefits of exclusion of any of potential impacts resulting from the rule to be significant for purposes of the areas do not outweigh the benefits proposed designations. E.O. 12866. A draft economic report and of designation, and we are therefore not You may submit your comments and ESA section 4(b)(2) report document our proposing to exclude any areas based on materials concerning this proposal by consideration of alternatives to economic impacts. Section 4(b)(2) does any one of several methods (see rulemaking as required by this E.O. not allow the agency to exclude areas if ADDRESSES). The proposed rule, map, Regulatory Flexibility Act (5 U.S.C. 601 exclusion will result in extinction of the fact sheets, references, and other et seq.) species. We are recommending materials relating to this proposal can be exclusion of only a small percentage of found on the NMFS Northwest Region Under the Regulatory Flexibility Act the whales’ habitat because of impacts Web site at http://www.nwr.noaa.gov/. (RFA) (5 U.S.C. 601 et seq.), as amended to national security. Given this small We will consider all comments and by the Small Business Regulatory percentage, we conclude that the information received during the Enforcement Fairness Act (SBREFA) of exclusion of these areas will not result comment period in preparing the final 1996), whenever an agency publishes a in extinction of the Southern Resident rule. Accordingly, the final decision notice of rulemaking for any proposed killer whale DPS. No unoccupied areas may differ from this proposal. or final rule, it must prepare and make are currently proposed for designation available for public comment a Public Hearings of critical habitat. regulatory flexibility analysis that 50 CFR 424.16(c)(3) requires the describes the effects of the rule on small Public Comments Solicited Secretary to promptly hold at least one entities (i.e., small businesses, small We request that interested persons public hearing if any person requests organizations, and small government submit comments, information, maps, one within 45 days of publication of a jurisdictions). We have prepared an and suggestions concerning this proposed rule to designate critical initial regulatory flexibility analysis, proposed rule during the comment habitat. Such hearings provide the which is part of the draft Economic period (see DATES). We are soliciting opportunity for interested individuals Analysis and available on our Web site

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(NMFS, 2006b). The analysis is affect energy supply, distribution, and duty arising from participation in a summarized below. use. E.O. 13211 requires agencies to voluntary Federal program.’’ The A description of the reasons why this prepare Statements of Energy Effects designation of critical habitat does not action is being considered, as well as a when undertaking any action that impose a legally binding duty on non- statement of the objectives of, and legal promulgates or is expected to lead to the Federal government entities or private basis for, this proposed rule is provided promulgation of a final rule or parties. Under the ESA, the only earlier in the preamble and is not regulation that (1) is a significant regulatory effect is that Federal agencies repeated here. This proposed rule will regulatory action under E.O. 12866 and must ensure that their actions do not not impose any recordkeeping or (2) is likely to have a significant adverse destroy or adversely modify critical reporting requirements and will not effect on the supply, distribution, or use habitat under section 7. While non- duplicate, overlap, or conflict with any of energy. Federal entities which receive Federal other laws or regulations. We have considered the potential funding, assistance, permits or At the present time, insufficient impacts of this action on the supply, otherwise require approval or information exists regarding the cost distribution, or use of energy and find authorization from a Federal agency for structure and operational procedures the designation of critical habitat will an action may be indirectly impacted by and strategies in the sectors that may be not have impacts that exceed the the designation of critical habitat, the directly impacted by the potential thresholds identified above (NMFS, legally binding duty to avoid critical habitat designation. Further, 2006b). destruction or adverse modification of significant uncertainty exists regarding critical habitat rests squarely on the the activities that may trigger an ESA Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) Federal agency. Furthermore, to the section 7 consultation or how those extent that non-Federal entities are activities may be modified as a result of In accordance with the Unfunded indirectly impacted because they consultation. Bearing in mind these Mandates Reform Act, NMFS makes the receive Federal assistance or participate limitations, we considered which of the following findings: in a voluntary Federal aid program, the potential economic impacts we (a) This proposed rule will not Unfunded Mandates Reform Act would analyzed might affect small entities. produce a Federal mandate. In general, not apply; nor would critical habitat These estimates should not be a Federal mandate is a provision in shift the costs of the large entitlement considered exact estimates of the legislation, statute or regulation that programs listed above to state impacts of potential critical habitat to would impose an enforceable duty upon governments. individual businesses. state, local, tribal governments, or the (b) Due to the prohibition against take There are 344 entities engaged in private sector and includes both of this species both within and outside fishing activities in the region, 332 of ‘‘Federal intergovernmental mandates’’ of the designated areas, we do not which are considered ‘‘small entities.’’ and ‘‘Federal private sector mandates.’’ anticipate that this proposed rule will Assuming reductions in catch, the These terms are defined in 2 U.S.C. significantly or uniquely affect small annual impact across all regulated 658(5)–(7). ‘‘Federal intergovernmental governments. As such, a Small fishers may range from $1 million for a mandate’’ includes a regulation that Government Agency Plan is not 5 percent reduction in catch to $10.1 ‘‘would impose an enforceable duty required. million for a 50 percent reduction. upon State, local, or tribal governments’’ Takings Closing particular catch areas would with two exceptions. It excludes ‘‘a have impacts ranging from $29,000 to condition of Federal assistance.’’ It also In accordance with E.O. 12630, the $7.1 million, depending on the Catch excludes ‘‘a duty arising from proposed rule does not have significant Area closed. participation in a voluntary Federal takings implications. A takings Although ESA section 7 consultations program,’’ unless the regulation ‘‘relates implication assessment is not required. may also occur on water quality to a then-existing Federal program The designation of critical habitat management activities, at this time it is under which $500,000,000 or more is affects only Federal agency actions. too speculative to estimate the type and provided annually to state, local, and Private lands do not exist within the number of activities and the potential tribal governments under entitlement proposed critical habitat and therefore modifications that could result from a authority,’’ if the provision would would not be affected by this action. ‘‘increase the stringency of conditions of consultation. Federalism The RFA, as amended by SBREFA, assistance’’ or ‘‘place caps upon, or requires us to consider alternatives to otherwise decrease, the Federal In accordance with E.O. 13132, this the proposed regulation that will reduce Government’s responsibility to provide proposed rule does not have significant the impacts to small entities. We funding’’ and the state, local, or tribal federalism effects. A federalism considered and rejected the alternative governments ‘‘lack authority’’ to adjust assessment is not required. In keeping of not designating critical habitat for accordingly. (At the time of enactment, with Department of Commerce policies, Southern Resident killer whales because these entitlement programs were: we request information from, and will such an approach does not meet the Medicaid; Aid to Families with coordinate development of this legal requirements of the ESA. We also Dependent Children work programs; proposed critical habitat designation rejected an alternative in which some or Child Nutrition; Food Stamps; Social with, appropriate state resource all of the critical habitat areas are Services Block Grants; Vocational agencies in Washington. The proposed excluded under the section 4(b)(2) Rehabilitation State Grants; Foster Care, designation may have some benefit to authority because we did not find that Adoption Assistance, and Independent state and local resource agencies in that the economic benefits of exclusion Living; Family Support Welfare the areas essential to the conservation of outweigh the conservation benefits of Services; and Child Support the species are more clearly defined, designation. Enforcement.) ‘‘Federal private sector and the PCEs of the habitat necessary for mandate’’ includes a regulation that the survival of the Southern Resident E.O. 13211 ‘‘would impose an enforceable duty killer whales are specifically identified. On May 18, 2001, the President issued upon the private sector, except (i) a While making this definition and an E.O. on regulations that significantly condition of Federal assistance; or (ii) a identification does not alter where and

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what federally sponsored activities may fiduciary standards of due care with marine areas of Puget Sound, occur, it may assist local governments in respect to Indian lands, tribal trust Washington, within the following long-range planning (rather than waiting resources, and the exercise of tribal counties: Clallam, Jefferson, King, for case-by-case ESA section 7 rights. E.O. 13175—Consultation and Kitsap, Island, Mason, Pierce, San Juan, consultations to occur). Coordination with Indian Tribal Skagit, Snohomish, Thurston, and Governments—outlines the Whatcom. Critical habitat includes all Civil Justice Reform responsibilities of the Federal waters deeper than 20 feet (6.1 m) In accordance with E.O. 12988, the Government in matters affecting tribal relative to a contiguous shoreline Department of Commerce has interests. delimited by the line of extreme high determined that this proposed rule does None of the proposed critical habitat water in each of the following areas: not unduly burden the judicial system occurs on tribal lands. However, (1) Summer Core Area: All U.S. and meets the requirements of sections proposed critical habitat does overlap marine waters in Whatcom and San 3(a) and 3(b)(2) of the E.O. We are with Usual and Accustomed hunting Juan counties; and all marine waters in proposing to designate critical habitat in and fishing grounds. The proposed Skagit County west and north of the accordance with the provisions of the designation of critical habitat for Deception Pass Bridge (Highway 20) ESA. This proposed rule uses standard Southern Resident killer whales has the (48°24′ 25″ N./122°38′35″ W.) property descriptions and identifies the potential to affect tribal trust resources, PCEs within the designated areas to particularly in relation to salmon, an (2) Puget Sound Area: All marine assist the public in understanding the important tribal resource and PCE for waters in Island County east and south habitat needs of Southern Resident the whales. We will continue to consult of the Deception Pass Bridge (Highway killer whales. with affected tribes regarding this 20) (48°24′ 25″ N./122°38′35″ W.), and proposal to designate critical habitat. east of a line connecting the Point Paperwork Reduction Act of 1995 (44 Wilson Lighthouse (48°8′39″ N./ References Cited U.S.C. 3501 et seq.) 122°45′12″ W.) and a point on Whidbey This proposed rule does not contain A complete list of all references cited Island located at 48°12′30″ N./ new or revised information collection in this rulemaking can be found on our 122°44′26″ W.; all marine waters in for which OMB approval is required Web site at http://www.nwr.noaa.gov/ Skagit County east of the Deception Pass under the Paperwork Reduction Act. and is available upon request from the Bridge (Highway 20) (48°24′25″ N./ This proposed rule will not impose NMFS office in Seattle, Washington (see 122°38′35″ W.); all marine waters of recordkeeping or reporting requirements ADDRESSES.) Jefferson County east of a line on state or local governments, List of Subjects in 50 CFR Part 226 connecting the Point Wilson Lighthouse individuals, businesses, or (48°8′39″ N./122°45′12″ W.) and a point organizations. An agency may not Endangered and threatened species. on Whidbey Island located at latitude conduct or sponsor, and a person is not Dated: June 7, 2006. 48°12′30″ N./122°44′26″ W., and north required to respond to, a collection of William T. Hogarth, of the Hood Canal Bridge (Highway 104) information unless it displays a Assistant Administrator for Fisheries, (47°51′36″ N./122°37′23″ W.); all marine currently valid OMB control number. National Marine Fisheries Service. waters in eastern Kitsap County east of the Hood Canal Bridge (Highway 104) National Environmental Policy Act of For the reasons set out in the (47°51′36″ N./122°37′23″ W.); all marine 1969 (NEPA) preamble, we propose to amend part 226, title 50 of the Code of Federal waters (excluding Hood Canal) in NMFS has determined that an Regulations as set forth below: Mason County; and all marine waters in environmental analysis as provided for King, Pierce, Snohomish, and Thurston under NEPA for critical habitat PART 226—[AMENDED] counties. designations made pursuant to the ESA (3) Strait of Juan de Fuca Area: All is not required. See Douglas County v. 1. The authority citation of part 226 U.S. marine waters in Clallam County Babbitt, 48 F.3d 1495 (9th Cir. 1995), continues to read as follows: east of a line connecting Cape Flattery, cert. denied, 116 S.Ct. 698 (1996). Authority: 16 U.S.C. 1533. Washington (48°23′10″ N./124°43′32″ Government-to-Government 2. Add § 226.206, to read as follows: W.), Tatoosh Island, Washington ° ′ ″ ° ′ ″ Relationship With Tribes § 226.206 Critical habitat for the Southern (48 23 30 N./124 44 12 W.), and The long-standing and distinctive Resident killer whale (Orcinus orca). Bonilla Point, British Columbia ° ′ ″ ° ′ ″ relationship between the Federal and Critical habitat is designated for the (48 35 30 N./124 43 00 W.); all marine tribal governments is defined by Southern Resident killer whale as waters in Jefferson and Island counties treaties, statutes, executive orders, west of the Deception Pass Bridge described in this section. The textual ° ′ ″ ° ′ ″ judicial decisions, and agreements, descriptions of critical habitat in this (Highway 20) (48 24 25 N./122 38 35 which differentiate tribal governments W.), and west of a line connecting the section are the definitive source for ° ′ ″ from the other entities that deal with, or Point Wilson Lighthouse (48 8 39 N./ determining the critical habitat ° ′ ″ are affected by, the Federal Government. 122 45 12 W.) and a point on Whidbey boundaries. The overview map is ° ′ ″ This relationship has given rise to a Island located at 48 12 30 N./ provided for general guidance purposes ° ′ ″ special Federal trust responsibility only, and not as a definitive source for 122 44 26 W. involving the legal responsibilities and determining critical habitat boundaries. (b) An overview map of proposed obligations of the United States toward (a) Critical Habitat Boundaries. critical habitat for Southern Resident Indian Tribes and the application of Critical habitat includes three specific killer whales follows.

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(c) Primary Constituent Elements. The of Defense, or designated for its use, in (12) Admiralty Inlet naval restricted primary constituent elements essential the State of Washington: area; for conservation of the Southern (1) Naval Undersea Warfare Center, (13) Port Gardner Naval Base Resident killer whales are: Keyport; restricted area; (1) Water quality to support growth (2) Naval Ordnance Center, Port (14) Port Orchard Passage naval and development; Hadlock (Indian Island); restricted area; (2) Prey species of sufficient quantity, (3) Naval Fuel Depot, Manchester; quality and availability to support (4) Naval Air Station, Whidbey Island; (15) Sinclair Inlet naval restricted individual growth, reproduction and (5) Naval Station, Everett; area; development, as well as overall (6) Naval Hospital Bremerton; (16) Carr Inlet naval restricted area; population growth; and (7) Fort Lewis (Army); (17) Port Townsend/Indian Island/ (3) Passage conditions to allow for (8) Pier 23 (Army); Walan Point naval restricted area; and migration, resting, and foraging. (9) Puget Sound Naval Ship Yard; (18) Crescent Harbor Explosive (d) Sites owned or controlled by the (10) Strait of Juan de Fuca naval air- Ordnance Units Training Area. Department of Defense. Critical habitat to-surface weapon range, restricted area; does not include the following areas (11) Strait of Juan de Fuca and [FR Doc. 06–5439 Filed 6–14–06; 8:45 am] owned or controlled by the Department Whidbey Island naval restricted areas; BILLING CODE 3510–22–P

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Notices Federal Register Vol. 71, No. 115

Thursday, June 15, 2006

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Agricultural Research Service public. Notices of hearings and investigations, committee meetings, agency decisions and Rural Utilities Service Notice of Intent To Grant Exclusive rulings, delegations of authority, filing of License petitions and applications and agency Title: Lien Accommodations and statements of organization and functions are Subordinations 7 CFR Part 1717, examples of documents appearing in this Subparts R and S. AGENCY: Agricultural Research Service, USDA. section. OMB Control Number: 0572–0100. ACTION: Summary of Collection: The Rural Notice of intent. DEPARTMENT OF AGRICULTURE Electrification Act (RE Act) of 1936, 7 U.S.C. 901 et seq., as amended, SUMMARY: Notice is hereby given that Submission for OMB Review; authorizes and empowers the the U.S. Department of Agriculture, Comment Request Administrator of the Rural Utilities Agricultural Research Service, intends Service (RUS) to make loans in the to grant to Becton Dickinson of Sparks, June 9, 2006. several States and Territories of the Maryland, an exclusive license to U.S. The Department of Agriculture has United States for rural electrification Patent No. 5,891,709, ‘‘Campy-Cefex submitted the following information and the furnishing electric energy to selective and differential medium for collection requirement(s) to OMB for persons in rural areas who are not campylobacter’’, issued on April 6, review and clearance under the receiving central station service. The RE 1999. Notice is hereby given that the Paperwork Reduction Act of 1995, Act also authorizes and empowers the U.S. Department of Agriculture, Public Law 104–13. Comments Administrator of RUS to provide Agricultural Research Service, intends regarding (a) whether the collection of financial assistance to borrowers for to grant to Becton Dickinson of Sparks, information is necessary for the proper purposes provided in the RE Act by performance of the functions of the Maryland, an exclusive license to U.S. accommodating or subordinating loans agency, including whether the Patent No. 6,368,847, ‘‘Selective media made by the National Rural Utilities information will have practical utility; for recovery and enumeration of Cooperative Finance Corporation, the (b) the accuracy of the agency’s estimate campylobacters’’, issued on April 9, Federal Financing Bank, and other of burden including the validity of the 2002. methodology and assumptions used; (c) lending agencies. DATES: Comments must be received by ways to enhance the quality, utility and Need and Use of the Information: July 17, 2006. clarity of the information to be RUS will used the information to collected; (d) ways to minimize the determine an applicant’s eligibility for a ADDRESSES: Send comments to: USDA, burden of the collection of information lien accommodation or lien ARS, Office of Technology Transfer, on those who are to respond, including subordination under the RE Act; 5601 Sunnyside Avenue, Rm. 4–1174, through the use of appropriate facilitates an applicant’s solicitation and Beltsville, Maryland 20705–5131. automated, electronic, mechanical, or acquisition of non-RUS loans as to other technological collection converse available Government funds; FOR FURTHER INFORMATION CONTACT: June techniques or other forms of information monitor the compliance of borrowers Blalock of the Office of Technology technology should be addressed to: Desk with debt covenants and regulatory Transfer at the Beltsville address given Officer for Agriculture, Office of requirements in order to protect loan above; telephone: 301–504–5989. Information and Regulatory Affairs, security; and subsequently to granting SUPPLEMENTARY INFORMATION: The Office of Management and Budget the lien accommodation of lien Federal Government’s patent rights in (OMB), subordination, administer each so as to the inventions are assigned to the [email protected] or minimize its cost to the Government. If United States of America, as represented fax (202) 395–5806 and to Departmental the information were not collected, RUS by the Secretary of Agriculture. It is in Clearance Office, USDA, OCIO, Mail would not be able to accomplish its the public interest to so license the Stop 7602, Washington, DC 20250– statutory goals. inventions as Becton Dickinson of 7602. Comments regarding these Description of Respondents: Not-for- information collections are best assured Sparks, Maryland has submitted a profit institutions; Business or other for- complete and sufficient application for of having their full effect if received profit. within 30 days of this notification. a license. The prospective exclusive Copies of the submission(s) may be Number of Respondents: 12. license will be royalty-bearing and will obtained by calling (202) 720–8681. Frequency of Responses: Reporting: comply with the terms and conditions An agency may not conduct or On occasion. of 35 U.S.C. 209 and 37 CFR 404.7. The sponsor a collection of information Total Burden Hours: 233. prospective exclusive license may be unless the collection of information granted unless, within thirty (30) days displays a currently valid OMB control Charlene Parker, from the date of this published Notice, number and the agency informs Departmental Information Collection the Agricultural Research Service potential persons who are to respond to Clearance Officer. receives written evidence and argument the collection of information that such [FR Doc. E6–9333 Filed 6–14–06; 8:45 am] which establishes that the grant of the persons are not required to respond to BILLING CODE 3410–15–P license would not be consistent with the

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requirements of 35 U.S.C. 209 and 37 Comments should identify the person a. Is a provision that would allow CFR 404.7. or organization submitting the removal of state indirect purchaser comments. If comments are submitted actions necessary or desirable, in light Richard J. Brenner, by an organization, the submission of the generally applicable removal Assistant Administrator. should identify a contact person within provisions contained in the Class Action [FR Doc. E6–9351 Filed 6–14–06; 8:45 am] the organization. Comments should Fairness Act? BILLING CODE 3410–03–P include the following contact b. Is preemption of state indirect information for the submitter: an purchaser actions necessary or desirable address, telephone number, and email if state indirect purchaser actions may ANTITRUST MODERNIZATION address (if available). Comments be removed to Federal court? COMMISSION submitted to the Commission will be c. Should the Commission also made available to the public in recommend to Congress that courts be Request for Public Comment accordance with Federal laws. required to use structured proceedings AGENCY: Antitrust Modernization Comments may be submitted either in to resolve purchaser claims? Those Commission. hard copy or electronic form. Electronic proceedings would resolve liability in the one phase, determine total damages ACTION: Request for public comment. submissions may be sent by electronic mail to [email protected]. Comments in another, and allocate damages among SUMMARY: The Antitrust Modernization submitted in hard copy should be direct and indirect claimants in a Commission requests comments from delivered to the address specified above, separate phase. Would structured the public regarding specific questions and should enclose, if possible, a CD– proceedings work better if courts could relating to the issues selected for ROM or a 31⁄2 inch computer diskette combine certain phases of the Commission study. containing an electronic copy of the proceedings, especially liability and total damages, in appropriate cases in DATES: Comments are due by July 10, comment. The Commission prefers to the exercise of their discretion? 2006. receive electronic documents (whether by email or on CD–ROM/diskette) in d. To what extent would the ADDRESSES: By electronic mail: portable document format (.pdf), but legislative overruling of Hanover Shoe [email protected]. By mail: Antitrust also will accept comments in Microsoft create new challenges in the process of Modernization Commission, Attn: Word format. certifying appropriate classes of Public Comments, 1120 G Street, NW., The AMC has issued this request for claimants? Can any such challenges be Suite 810, Washington, DC 20005. comments pursuant to its authorizing resolved fully through the structured FOR FURTHER INFORMATION CONTACT: statute and the Federal Advisory approach suggested in (c) above? Andrew J. Heimert, Executive Director & Committee Act. Antitrust Modernization 2. The Commission is evaluating a General Counsel, Antitrust Commission Act of 2002, Public Law proposal to alter the circumstances in Modernization Commission. Telephone: 107–273, § 11053, 116 Stat. 1758, 1856; which treble damages are awarded to (202) 233–0701; e-mail: [email protected]. Federal Advisory Committee Act, 5 successful antitrust plaintiffs. The Internet: http://www.amc.gov. U.S.C. App., 10(a)(3). proposal would provide as follows: The court, in its discretion, may limit SUPPLEMENTARY INFORMATION: The Topic for Comment the award to single damages based on Antitrust Modernization Commission consideration of the following factors: was established to ‘‘examine whether The Commission requests comment a. Whether the violation was per se or the need exists to modernize the on the following topic. rule of reason; antitrust laws and to identify and study Civil Remedies b. whether the violation involved related issues.’’ Antitrust Modernization single-firm or multi-firm conduct; 1. The Commission is evaluating a Commission Act of 2002, Public Law c. whether the violation was related to proposal to reform indirect purchaser 107–273, § 11053, 116 Stat. 1856. In an otherwise pro-competitive joint litigation. The potential reform would conducting its review of the antitrust venture; laws, the Commission is required to consist of three principal components: d. the state of the development of the ‘‘solicit the views of all parties (1) Legislative overruling of Illinois law with respect to the challenged concerned with the operation of the Brick Co. v. Illinois, 431 U.S. 720 (1977), conduct as an antitrust violation; antitrust laws.’’ Id. By this request for so that indirect purchaser claims could e. whether the challenged conduct comments, the Commission seeks to be brought under federal antitrust law, was overt or covert; provide a full opportunity for interested and Hanover Shoe, Inc. v. United Shoe f. whether the challenged conduct members of the public to provide input Machinery, 392 U.S. 481 (1968), so as to was criminal; regarding certain issues selected for allow assertion of the pass-on defense; g. whether there has also been a Commission study. From time to time, (2) Statutory provisions either (a) to related government action; the Commission may issue additional allow removal of all state indirect h. whether it is a competitor that is requests for comment on issues selected purchaser actions to federal court to the alleging the conduct was for study. full extent permitted under Article III, anticompetitive; and, Comments should be submitted in or (b) to preempt state indirect i. whether the violation was proven written form. Comments should identify purchaser laws; and (3) Statutory by clear and convincing evidence. the topic to which it relates. Comments provisions to allow the consolidation of Should the Commission recommend need not address every question within all related direct and indirect purchaser such reform to Congress? Should any of the topic. Comments exceeding 1500 actions in a single Federal district court the factors listed above be removed? Are words should include a brief (less than for pre-trial and trial proceedings. there any other factors that should also 250 word) summary. Commenters may Should the Commission recommend be included? submit additional background materials such reform to Congress? Should the 3. Should the Commission (such as articles, data, or other proposal be modified in any respects? In recommend to Congress that courts in information) relating to the topic by responding, please also comment on the their discretion be permitted to increase separate attachment. following: the damages multiplier above three? For

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example, should courts be able to SUMMARY: The Bureau of the Census population groups in easily increase the multiplier above three (Census Bureau) seeks proposals from understandable formats. To accomplish where the conduct has significant eligible organizations to create 15 this mission, Census Information effects outside the United States for Census Information Centers. This notice Centers work in partnership with the which damages will not be paid? provides information related to Census Bureau through the Customer 4. The Commission is evaluating a eligibility and program requirements. Liaison Office. proposal to change the current regime The Census Information Center (CIC) The Census Information Centers are regarding private antitrust actions. The Program is an integral part of the Census recognized as official sources of proposal would provide as follows: Bureau’s data dissemination network. demographic, economic, and social a. In all matters where the government The CIC Program was established over statistics produced by the Census institutes criminal proceedings and 17 years ago to make census data more Bureau. Census Information Centers obtains a guilty verdict by plea or trial, widely available to nongovernmental provide training and technical all unlawful gains made by the organizations representing hard-to- assistance to local governments, defendants and precomplaint and enumerate populations. There are businesses, community groups, and prejudgment interest thereon shall be currently 45 such organizations other interested data users so that they disgorged in that proceeding, together participating as Census Information may access and use Census Bureau data with such fines as may be provided by Centers in the CIC Program. The Census for research, program administration, law and a civil penalty of 200% of the Bureau will consider all complete planning, and decision-making amount disgorged. proposals received before the purposes. i. The disgorged unlawful gains shall appropriate deadline. Census Information Centers have be apportioned among those from whom DATES: Written proposals must be successfully used census data and local they were taken directly or indirectly by received on or before August 15, 2006. information to support activities the criminal court in a summary ADDRESSES: Written proposals should be promoting change in underserved proceeding to be concluded within 90 sent to Mr. Stanley J. Rolark, Chief, communities. They have used census days of the entry of a final criminal Customer Liaison Office, U.S. Census data and local statistics to help local judgment as to all defendants. Classes of Bureau, 4700 Silver Hill Road, Room communities and minority businesses direct and indirect claimants may 3634, Federal Office Building 3, qualify for reconstruction resources in participate through counsel in that Washington, DC 20233; Telephone: the wake of the September 11 attack on proceeding. Claims of less than $100 (301) 763–1544; Fax: (301) 457–4784; E- New York City; establish empowerment shall be disregarded and the amounts mail: [email protected]. zones and revitalization areas in attributable to such claims paid to the FOR FURTHER INFORMATION CONTACT: Ms. Brooklyn, NY, and Shreveport, LA; Treasury. Ceci A. Villa, Customer Liaison Office, obtain youth services and construct after ii. Fines and civil penalties shall U.S. Census Bureau, 4700 Silver Hill school facilities in local communities in accrue solely to the Treasury, but the Road, Room 3620, Federal Office Nashville, TN, and Oakland, CA; court may award compensation from Building 3, Washington, DC 20233; provide baseline data to measure the those amounts to any private party Telephone: (301) 763–6415; Fax: (301) effectiveness of national programs on found to have been a material factor in 457–4784; E-mail: crime in Washington, DC, public the instigation or successful conduct of [email protected]. housing; develop ways to link children the government’s investigation and SUPPLEMENTARY INFORMATION: This in need with public services in prosecution or to its counsel. section provides information on Minnesota; help local organizations b. In the case of defendants acquitted eligibility, program requirements, draft grant proposals; and provide of criminal charges, private claims may proposal format and content, American Indians on the Navajo be asserted as otherwise provided by submission instructions, selection, and Reservation and across the country law, but only the actual amount of notification process. access to Temporary Assistance to unlawful gain may be recovered. Established in 1988, the Census Needy Families (TANF). Should the Commission recommend Information Center (CIC) Program is a In addition to the Census Information such reform to Congress? Should any of cooperative venture among the U.S. Centers, the Census Bureau’s overall the particular components be modified? Census Bureau and national level, data dissemination network includes Dated: June 12, 2006. community-based organizations and participants in the State Data Center/ By direction of the Antitrust Modernization colleges and universities created to Business and Industry Data Center Commission. serve as auxiliary data distribution Program, Census Depository Libraries, Andrew J. Heimert, centers that reach underserved and the 12 Census Regional Office Executive Director & General Counsel, populations. Accordingly, each Census Partnership and Data Services staff. The Antitrust Modernization Commission. Information Center has its own target combined network includes nearly [FR Doc. E6–9363 Filed 6–14–06; 8:45 am] audience often requiring unique 2,000 entities located throughout the 48 contiguous states, Alaska, Hawaii, BILLING CODE 6820–YH–P information. The CIC Program includes organizations, such as chambers of Puerto Rico, the Northern Marianna commerce; minority-serving colleges Islands, American Samoa, Guam, and the U.S. Virgin Islands. A Memorandum DEPARTMENT OF COMMERCE and universities; civil rights, social justice, and social service groups; think of Agreement is signed with the Bureau of the Census tanks; and research organizations. participants to serve as official The mission of the CIC Program is to repositories for census data. [Docket Number 060505120–6120–01] provide efficient access to Census We are interested in maintaining a Bureau data products through a wide CIC Program that represents the Nation’s Census Information Center Program data dissemination network of diversity and includes organizations AGENCY: Bureau of the Census. organizations. Those organizations with an interest and ability to provide effectively process and disseminate underserved communities access to ACTION: Notice; request for proposals. Census Bureau data to underserved Census Bureau data.

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A. Eligibility and services. This assistance includes, record of service to underserved National, regional, and community- but is not limited to, training at Census populations, research and data use based nonprofit organizations Bureau headquarters, training sponsored capabilities and expertise, and past representing underserved communities by Census Bureau regional offices, and experience working with Census Bureau are eligible to participate in the CIC training via available technologies such data or the Census Bureau. However, Program. Organizations must have as the Internet, teleconferences, applicants are not required to use the research as part of their mission or as a videoconferencing, and other training suggested format. All submissions will component of their organization. methods. be given full consideration, regardless of • Organizations must have the ability to Provide advance notification of data format. release(s) through e-mail. effectively disseminate data and • Format information to their members, Sponsor and pay the travel community data-users, or persons expenses of Census Information Center The following is the suggested format. served in the community. Some of the representatives to attend an annual Please make sure your proposal adheres types of organizations we are seeking to training conference and other meetings to the following guidelines, if possible: as appropriate and as budget permits. • A cover letter with an original include are, but are not limited to, • minority think tanks, research Maintain a Web site for the CIC signature. • Proposals should not exceed 10 organizations, minority serving colleges Program. pages. This does not include the cover and universities, Tribal colleges, Census Information Center minority chambers of commerce, letter. Responsibilities • Proposals must be in English. economic development corporations, • • Submit proposals on 81⁄2 by 11-inch social service organizations, rural Disseminate Census Bureau data paper with printing on one side only community and minority business and information to persons served and (single sided). Your typewritten letter organizations, as well as organizations local communities. • and proposal should use Times New that support community and economic Provide training, education, and Roman or similar type and a 12-point development activities, and technical assistance to persons served font. organizations that serve children and and local communities on how to access families. Census Bureau data. Content/Questions • Assist data users in understanding B. Program Requirements and accessing Census Bureau data and 1. Briefly describe your organization The Census Bureau does not provide information, and answering questions and how it meets the eligibility funding to CIC Program participants. from the public and persons served requirements in Section A, ‘‘Eligibility.’’ The Census Bureau does provide access about what the data means for local Include background information about to the full array of its data products, communities and neighborhoods. your organization’s history, mission, • training and technical support free of Provide dedicated office space, programs, services, persons served, etc. charge to the Census Information staff, and equipment to operate your 2. Briefly describe your organizations Centers. In return, the Census Census Information Center. research and data use capabilities. • Information Centers discuss what Provide access to census data and Include information about your census data mean for local information by establishing a library or organization’s expertise in conducting communities. The Census Information reference center with reasonable ‘‘walk- research, any research or data products Centers produce reports, fact sheets, in’’ access by the public (optional). your organization regularly produces, • briefs, and other materials in different Support Census Bureau programs and any specific areas of application for formats, on more specific subjects, and by assisting with outreach, promotion your organization’s research, especially for more unique geographic areas and recruitment efforts for the Census as it relates to underserved (communities) than those produced by Bureau’s censuses and surveys. communities. • the Census Bureau. Submit an annual report of 3. Briefly describe how your Both parties must sign a activities. organization will disseminate Census Memorandum of Agreement and adhere • Establish and/or maintain a Web Bureau data and information to your to the following program site or Web page that highlights the constituents and local underserved responsibilities: work of your Census Information Center communities. Include how your and links to the Census Bureau Web organization will provide data access to Census Bureau Responsibilities site. those without Internet access. Also • Provide program administration • Attend an annual training discuss how your organization will and staff support to the Census conference. Travel expenses to be assist data users find, interpret, and Information Centers. covered by the Census Bureau, as understand the data they need, as well • Provide free access to a wide variety budget permits. as, the various uses and implications on of census products, information, and • Communicate regularly with the the data within their community. services, including but not limited to, Census Bureau liaison. Provide him/her 4. Describe the resources your printed reports, CD–ROM/DVD with updates on your Census organization will commit to your products, electronic files, Internet-based Information Center activities. Make Census Information Center, if your products (through the American Fact him/her aware of any data or data organization were selected to Finder, among other sources), product issues, needs, or concerns participate. Include information on the subscriptions, documentation, guides, expressed by local data users. staff, equipment, space, etc., your catalogs, statistical compendia, indexes, organization will make available to your maps, mapping databases, and other C. Suggested Proposal Format and Census Information Center. reference materials. This does not Content 5. Describe what would be the focus include access to confidential data or The suggested format below of your Census Information Center, if preparation of custom tabulations. encourages applicants to describe their your organization were selected to • Provide training and technical organization, data dissemination plans, participate. Include information on the support on Census Bureau data products community outreach activities and geographic area(s) you will cover, racial/

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ethnic populations you will serve, and If your organization is selected, you BIS alleged that Muttreja conspired to the types of services you will offer. must send a representative to a training obtain toxins, including Aflatoxin (M1, 6. Briefly describe how your conference on October 10–13, 2006. P1, Q1) and Staphyloccocal Enterotoxin organization has worked with the (A and B), items subject to the G. Paperwork Reduction Act Census Bureau or Census Bureau data or Regulations and classified under export data products in the past. Notwithstanding any other provision control classification number (ECCN) of law, no person is required to respond D. Submission Instructions 1C351, on behalf of a North Korean end- to, nor shall a person be subject to a user and to export those toxins to North Proposals must be received by the penalty for failure to comply with, a Korea. The charging letter also alleged date identified in the DATES section of collection of information subject to the that Muttreja solicited a violation of the this notice. Submit proposals to the requirements of the Paperwork Regulations by ordering the above- official identified in the ADDRESSES Reduction Act (PRA) unless that mentioned toxins from a U.S. company section of this notice. collection of information displays a and by agreeing to complete the E. Selection Process current valid Office of Management and shipment of the toxins from the Budget (OMB) control number. In • Following an initial screening, Netherlands to North Korea. accordance with the PRA, Title 44, Census Bureau staff will select seven In accordance with Section United States Code, Chapter 35, OMB independent reviewers who will 766.3(b)(1) of the Regulations, on approved this information collection individually review and score the November 22, 2005, BIS mailed the under OMB control number 0607–0760. remaining proposals based on the notice of issuance of the charging letter strength of the responses to the Dated: June 9, 2006. by registered mail to Muttreja at his last questions in Section C, under content/ Charles Louis Kincannon, known address. BIS has established that questions. The independent reviewers Director, Bureau of the Census. this charging letter was served in accordance with Section 766.3 of the will make their individual [FR Doc. E6–9262 Filed 6–14–06; 8:45 am] Regulations and that BIS received the recommendations to the Census Bureau. BILLING CODE 3510–07–P All submissions will be given full signed mail return receipt on January consideration, regardless of the format. 18, 2006. To date, Muttreja has not filed • Proposals will be evaluated as DEPARTMENT OF COMMERCE an answer to the charging letter with the follows: ALJ, as required by the Regulations. Æ Quality and innovativeness of the Bureau of Industry and Security In accordance with Section 766.7 of organization’s plans to disseminate the Regulations, BIS filed a Motion for census data to persons served and to the [Docket No. 05–BIS–21] Default Order on April 20, 2006. This local underserved communities. 45% In the Matter of: Kailash Muttreja, Motion for Default Order recommended Æ Expertise of the applicant MUTCO International, Kelenberweg 37 that Muttreja be denied export organization in conducting research, 1101, EX Amsterdam, Netherlands, privileges under the Regulations for a producing research products, and Respondent; Decision and Order period of six years. Under Section research that focuses on underserved 766.7(a) of the Regulations, ‘‘[f]ailure of communities. 20% In a charging letter filed on November the respondent to file an answer within Æ Resources and level of organization 22, 2005, the Bureau of Industry and the time provided constitutes a waiver available to effectively carry out the Security (BIS) alleged that Respondent, of the respondent’s right to appear,’’ and program requirements, including staff, Kailash Muttreja (Muttreja), committed ‘‘on BIS’s motion and without further equipment and space. 20% notice to the respondent, [the ALJ] shall Æ two violations of the Export Relevancy of the types of services Administration Regulations find the facts to be as alleged in the offered and the communities served by (Regulations) 1, issued under the Export charging letter.’’ Based upon the record the applicant organization. 5% Æ Administration Act of 1979, as amended before him, the ALJ held Muttreja in Ability to disseminate data to their (50 U.S.C. app. §§2401–2420 (2000)) default. membership and local community. 5% (the Act).2 On May 24, 2006, based on the record Æ Level of knowledge of and previous before him, the ALJ issued a interaction with the Census Bureau or 1 The Regulations are currently codified at 15 CFR Recommended Decision and Order in Census Bureau data products. 5% parts 730–774 (2006). The charged violations which he found that Muttreja • Senior Census Bureau staff will occurred in 2000 through 2002. The Regulations make final decisions on the governing the violations at issue are found in the committed one violation of Section organizations selected for the CIC 2000 through 2002 versions of the Code of Federal 764.2(d) and one violation of Section Regulations (15 CFR parts 730–774 (2000–2002)). 764.2(c) of the Regulations. The ALJ Program. Preference shall be given to The 2006 Regulations establish the procedures that nonprofit organizations with research as recommended the penalty of denial of apply to this matter. Muttreja’s export privileges for six part of their missions or as a component 2 From August 21, 1994 through November 12, of their organization. The highest 2000, the Act was in lapse. During that period, the years. consideration will be given to an President, through Executive Order 12924, which The ALJ’s Recommended Decision had been extended by successive Presidential and Order, together with the entire organization’s data dissemination plans, Notices, the last of which was August 3, 2000 (3 as reflected in the 45% percentage CFR, 2000 Comp. 397 (2001)), continued the record in this case, has been referred to weight given to this criterion. Regulations in effect under the International me for final action under Section 766.22 Emergency Economic Powers Act (50 U.S.C. 1701– of the Regulations. I find that the record F. Notification Process 1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the supports the ALJ’s findings of fact and Act was reauthorized and it remained in effect Organizations selected to participate through August 20, 2001. Since August 21, 2001, conclusions of law. I also find that the in the CIC Program will be notified in the Act has been in lapse and the President, through penalty recommended by the ALJ is writing by September 15, 2006. The Executive Order 13222 of August 17, 2001 (3 CFR, appropriate, given the nature of the Census Bureau Program Office 2001 Comp. 783 (2002)), which has been extended violations and the importance of by successive Presidential Notices, the most recent administering the CIC Program will being that of August 2, 2005 (70 FR 45,273 (August preventing future unauthorized exports. advise organizations whose proposals 5, 2005)), has continued the Regulations in effect Based on my review of the entire record, are declined as promptly as possible. under IEEPA. I affirm the findings of fact and

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conclusions of law in the ALJ’s E. Engage in any transaction to service (2006)) (the ‘‘Regulations’’),1 issued Recommended Decision and Order. any item subject to the Regulations that under the Export Administration Act of Accordingly, it is therefore ordered, has been or will be exported from the 1979, as amended (50 U.S.C. App. First, that, for a period of six years United States and that is owned, §§ 2401–2420 (2000)) (the ‘‘Act,).2 from the date this Order is published in possessed or controlled by the Denied Specifically, the Charging Letter the Federal Register, Kailash Muttreja, Person, or service any item, of whatever alleged that Muttreja conspired and MUTCO International, Kelenberweg 37 origin, that is owned, possessed or acted in concert with others, known and 1101, EX Amsterdam, Netherlands, and controlled by the Denied Person if such unknown, to export toxins from the when acting for or on his behalf, his service involves the use of any item United States to North Korea without representatives, agents, assigns, or subject to the Regulations that has been the required Department of Commerce employees (‘‘Denied Person’’), may not, or will be exported from the United license. BIS alleged that the goal of the directly or indirectly, participate in any States. For purposes of this paragraph, conspiracy was to obtain toxins, way in any transaction involving any servicing means installation, including Aflatoxin (M1, P1, Q1) and commodity, software or technology maintenance, repair, modification or Staphyloccocal Enterotoxin (A and B), (hereinafter collectively referred to as testing. items subject to the Regulations and ‘‘item’’) exported or to be exported from Third, that, after notice and classified under export control the United States that is subject to the opportunity for comment as provided in classification number (‘‘ECCN’’) 1C351, Regulations, or in any other activity Section 766.23 of the Regulations, any on behalf of a North Korean end-user subject to the Regulations, including, person, firm, corporation, or business and to export those toxins to North but not limited to: organization related to the Denied Korea. BIS alleged that, in furtherance of A. Applying for, obtaining, or using Person by affiliation, ownership, the conspiracy, Muttreja ordered the any license, License Exception, or control, or position of responsibility in toxins from a co-conspirator in the export control document; the conduct of trade or related services United States and agreed to complete B. Carrying on negotiations may also be made subject to the the export to North Korea once the concerning, or ordering, buying, provisions of this Order. toxins were delivered to the receiving, using, selling, delivering, Fourth, that this Order does not Netherlands from the United States. BIS storing, disposing of, forwarding, prohibit any export, reexport, or other alleged that, contrary to Section 742.2 of transporting, financing, or otherwise transaction subject to the Regulations the Regulations, no Department of servicing in any way, any transaction where the only items involved that are Commerce license was obtained for the involving any item exported or to be subject to the Regulations are the export from the Untied States to North exported from the United States that is foreign-produced direct product of U.S.- Korea. (Charge 1). subject to the Regulations, or in any origin technology. The Charging Letter filed by BIS also other activity subject to the Regulations; Fifth, that this Order shall be served alleged that, in or about July 2002, or on the Denied Person and on BIS, and Muttreja solicited a violation of the C. Benefiting in any way from any shall be published in the Federal Regulations by ordering toxins, transaction involving any item exported Register. In addition, the ALJ’s including Aflatoxin (M1, P1, Q1) and or to be exported from the United States Recommended Decision and Order, Staphyloccocal Enterotoxin (A and B), that is subject to the Regulations, or in except for the section related to the items subject to the Regulations and any other activity subject to the Recommended Order, shall be classified under export control Regulations. published in the Federal Register. classification number (‘‘ECCN’’) 1C351, Second, that no person may, directly This Order, which constitutes the from a co-conspirator in the United or indirectly, do any of the following: final agency action in this matter, is States and agreeing to complete the A. Export or reexport to or on behalf effective upon publication in the export of the toxins to North Korea. BIS of the Denied Person any item subject to Federal Register. also alleged that, contrary to Section the Regulations; Dated: June 9, 2006. 742.2 of the Regulations, no Department B. Take any action that facilitates the David H. McCormick, of Commerce license was obtained for acquisition or attempted acquisition by Under Secretary of Commerce for Industry the export from the United States to the Denied Person of the ownership, and Security. North Korea. (Charge 2). possession, or control of any item Department of Commerce—Bureau of subject to the Regulations that has been 1 The charged violations occurred in 2000 or will be exported from the United Industry and Security through 2002. The Regulations governing the States, including financing or other [Docket No: 05–BIS–21] violations at issue are found in the 2000 through support activities related to a 2002 versions of the Code of Federal Regulations transaction whereby the Denied Person In the Matter of: Kailash Muttreja, (15 CFR parts 730–774 (2000–2002)). The 2006 MUTCO International, Kelenberweg 37 Regulations establish the procedures that apply to acquires or attempts to acquire such this matter. 1101, EX Amsterdam, Netherlands, ownership, possession or control; 2 From August 21, 1994 through November 12, C. Take any action to acquire from or Respondent; Recommended Decision 2000, the Act was in lapse. During that period, the to facilitate the acquisition or attempted and Order President, through Executive Order 12924, which was extended by successive Presidential Notices, acquisition from the Denied Person of On November 22, 2005, the Bureau of the last of which was August 3, 2000 (3 CFR 2000 any item subject to the Regulations that Industry and Security, U.S. Department Comp. 397 (2001)), continued the Regulations in has been exported from the United of Commerce (‘‘BIS’’), issued a charging effect under the International Emergency Economic States; Powers Act (50 U.S.C. 1701–06 (2000)) (‘‘IEEPA’’). letter initiating this administrative On November 13, 2000, the Act was reauthorized D. Obtain from the Denied Person in enforcement proceeding against Kailash and it remained in effect through August 20, 2001. the United States any item subject to the Muttreja (‘‘Muttreja’’). The Charging Since August 21, 2001, the Act has been in lapse Regulations with knowledge or reason Letter alleged that Muttreja committed and the President, through Executive Order 13222 of August 17, 2001 (3 CFR 2001 Comp. 783 (2002)), to know that the item will be, or is two violations of the Export as extended by the Notice of August 2, 2005 (70 FR intended to be, exported from the Administration Regulations (currently 45,273 (August 5, 2005)), has continued the United States; or codified at 15 CFR parts 730–774 Regulations in effect under IEEPA.

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Section 766.3(b)(1) of the Regulations controls.4 BIS has noted that the items violation of a BIS order temporarily provides that notice of the issuance of involved in the attempted export in this denying his export privileges and with a charging letter shall be served on a case involved Aflatoxins (M1, PI, Q1) knowledge that a violation would occur; respondent by mailing a copy by and Staphyloccocal Enterotoxins (A and and solicited a violation of the registered or certified mail addressed to B). These items are controlled by BIS for Regulations by ordering oil field parts the respondent at the respondent’s last Anti-Terrorism reasons. BIS asserted from a U.S. manufacturer without known address. In accordance with the that Muttreja’s role in conspiring and authorization and with knowledge that Regulations, on November 22, 2005, BIS soliciting the export of these items for a violation would occur); In the Matter mailed the notice of issuance of a delivery to North Korea—a country that of Arian Transportvermittlungs. GmbH, charging letter by registered mail to the United States Government 69 FR 28,120 (May 18, 2004) (affirming Muttreja at his last known address: designated as a state sponsor of the recommendation of the MUTCO International, Kelenberweg 37 international terrorism—represents Administrative Law Judge that a ten 1101, EX Amsterdam, Netherlands. BIS significant harm to the national interests year denial order was appropriate where has submitted evidence that establishes protected by U.S. export controls.5 knowing violations involved a shipment that this Charging Letter was served in Furthermore, BIS believes that the of a controlled item to Iran); In the accordance with Section 766.3 of the imposition of a six-year denial order is Matter of Jabal Damavand General Regulations and that BIS received the appropriate in this case since BIS may Trading Company, 67 FR 32,009 (May signed return receipt on January 18, face difficulties in collecting a monetary 13, 2002) (affirming the 2006. penalty, as Muttreja is not located in the recommendation of the Administrative Section 766.6(a) of the Regulations United States. Finally, BIS believes that Law Judge that a ten year denial order provides, in pertinent part, that ‘‘[t]he the recommended denial order is was appropriate where knowing respondent must answer the charging particularly appropriate in this case, violations involved shipments of EAR99 letter within 30 days after being served since Muttreja has failed to respond to items to Iran); In the Matter of with notice of issuance of the charging the Charging Letter filed by BIS. In light Adbulamir, 68 FR 57,406 (October 3, letter’’ initiating the administrative of these circumstances, BIS believes that 2003) (affirming the recommendation of enforcement proceeding. To date, the denial of Muttreja’s export privileges the Administrative Law Judge that a Muttreja has not filed an answer to the for six years is an appropriate sanction. twenty year denial order was Charging Letter. On this basis, the undersigned appropriate where knowing violations Pursuant to the default procedures set concurs with BIS and recommends that involved shipments of EAR99 items to forth in Section 766.7 of the the Under Secretary enter an Order Iran as a part of a conspiracy to ship Regulations, the undersigned finds the denying Muttreja’s export privileges for such items through Canada to Iran). facts to be as alleged in the Charging a period of six years. Such a denial order is consistent with penalties A six year denial of Muttreja’s export Letter, and hereby determines that those privileges is warranted because facts establish that Muttreja committed imposed in past cases under the Regulations involving shipments to Muttreja’s violations, like those of the one violation of Section 764.2(d), and respondents in the above-cited case, one violation of Section 764.2(c) of the countries designated as ‘‘Terrorist Supporting Countries.’’ 6 See In the involved exports made to Terrorist Regulations. Supporting Countries in violation of Section 764.3 of the Regulations sets Matter of Petrom GmbH International U.S. export control laws. forth the sanctions BIS may seek for Trade, 70 FR 32,743 (June 6, 2005) violations of the Regulations. The (affirming the recommendations of the The terms of the denial of export applicable sanctions are: (i) A monetary Administrative Law Judge that a twenty privileges against Muttreja should be penalty, (ii) suspension from practice year denial order and a civil monetary consistent with the standard language before the Bureau of Industry and sanction of $143,000 were appropriate used by BIS in such orders. The Security, and (iii) a denial of export where knowing violations involved a language is: privileges under the Regulations. See 15 shipment of EAR99 items to Iran); In the [REDACTED SECTION] CFR 764.3 (2006). Because Muttreja Matters of Yaudat Mustafa Talyi a.k.a. solicited the export of toxins, items Yaudat Mustafa a.k.a. Joseph Talyi, 69 [REDACTED SECTION] controlled by BIS for Anti-Terrorism FR 77,177 (December 27, 2004) [REDACTED SECTION] (affirming the ALJ’s recommendations reasons for export to North Korea, BIS [REDACTED SECTION] requests that the undersigned that a twenty year denial order and recommends to the Under Secretary of maximum civil penalty of $11,000 per This Order, which constitutes the Commerce for Industry and Security 3 violation were appropriate where an final agency action in this matter, is that Muttreja’s export privileges be individual exported oil field parts to effective upon publication in the denied for six years. Libya without authorization, in Federal Register. BIS has suggested these sanctions Accordingly, the undersigned refers because Muttreja’s role in conspiring to 4 See 15 CFR 766.1, Supp. No.1, III, A. (Stating that a denial order may be considered even in this Recommended Decision and Order export toxins to North Korea, as well as matters involving simple negligence or carelessness, to the Under Secretary of Commerce for his role in ordering toxins for export to if the violation(s) involves ‘‘harm to the national Industry and Security for review and North Korea, represents a significant security or other essential interests protected by the final action for the agency, without potential harm to the essential national export control system,’’ if the violations are of such a nature and extent that a monetary fine alone further notice to the respondent, as interests protected by U.S. export represents an insufficient penalty * * * .) provided in Section 766.7 of the (emphasis added). Regulations. 3 Pursuant to section 13(c)(1) of the Export 5 See id. (‘‘Designation Involved: BIS is more Administration Act and Section 766.17(b)(2) of the likely to seek a greater monetary penalty and/or Within 30 days after receipt of this Regulations, in export control enforcement cases, denial or export privileges * * * in cases involving: Recommended Decision and Order, the the Administrative Law Judge makes recommended (1) exports or reexports to countries subject to anti- Under Secretary shall issue a written findings of fact and conclusions of law that the terrorism controls * * *.’’) (emphasis in original). order affirming, modifying, or vacating Under Secretary must affirm, modify or vacate. The 6 BIS’s list of Terrorist Supporting Countries is set Under Secretary’s action is the final decision for the forth in 15 CFR part 740, Supp. No. 1, Country the Recommended Decision and Order. U.S. Commerce Department. Group E:1. See 15 CFR 766.22(c).

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Dated: May 24, 2006. Regulations and the Iranian Docketing Center, and the letter Joseph N. Ingolia, Transactions Regulations 4 of the provided the address of the Docketing Chief Administrative Law Judge. Treasury Department’s Office of Foreign Center. On March 9, 2006, Counsel for [FR Doc. 06–5434 Filed 6–14–06; 8:45 am] Assets Control (OFAC). BIS notified Teepad by letter and by BILLING CODE 3510–33–M The charging letter also alleged that, facsimile to the facsimile number on or about December 17, 2001, on or provided by Teepad that Teepad was about March 7, 2002, Teepad aided and/ required to file a formal answer to the DEPARTMENT OF COMMERCE or abetted the doing of an act that was charging letter with the ALJ. In the same prohibited by the Regulations. letter, BIS notified Teepad that it must Bureau of Industry and Security Specifically, BIS alleged that Teepad contact the Office of Chief Counsel for [Docket No. 05–BIS–19] forwarded telecommunications devices Industry and Security, by March 22, manufactured by a U.S. company that 2006, if Teepad wished to enter into In the Matter of: Teepad Electronic were subject to both the Regulations and settlement negotiations. Teepad did not General Trading, P.O. Box #13708, the Iranian Transactions Regulations of file an answer with the ALJ and did not Murshed Bazar, Dubai, UAE, OFAC through the UAE to Iran without contact the Office of Chief Counsel to Respondent; Decision and Order authorization from OFAC as required by discuss settlement. In the Section 746.7 of the Regulations. Recommended Decision and Order, the On November 22, 2005, the Bureau of Finally, the BIS charging letter alleged ALJ found that Teepad did not answer Industry and Security, U.S. Department that in connection with the transactions the charging letter in the manner of Commerce (‘‘BIS’’), issued a charging occurring on or about December 17, required by Sections 766.5(a) and 766.6 letter initiating this administrative 2001, and on or about March 7, 2002, of the Regulations. enforcement proceeding against Teepad Teepad transferred items exported from Pursuant to the default procedures set Electronic General Trading (‘‘Teepad’’). the United States with knowledge, or forth in Section 766.7 of the The charging letter alleged that Teepad reason to know, that a violation of the Regulations, BIS filed a Motion for committed five violations of the Export Regulations would occur. Specifically, Default Order on April 11, 2006. Under Administration Regulations (currently BIS alleged that Teepad transferred the Section 766.7(a) of the Regulations, codified at 15 CFR parts 730–774 telecommunications devices described ‘‘[f]ailure of the respondent to file an (2006)) (the ‘‘Regulations’’),1 issued the above to Iran when Teepad knew or had answer within the time provided Export Administration Act of 1979, as reason to know that they had been constitutes a waiver of the respondent’s amended (50 U.S.C. App. §§ 2401–2420 exported from the United States without right to appear,’’ and ‘‘on BIS’s motion (2000)) (the ‘‘Act’’).2 proper export authorization. and without further notice to the The charging letter alleged that Section 766.3(b)(1) of the Regulations respondent, [the ALJ] shall find the facts Teepad conspired and acted in concert provides that notice of the issuance of to be as alleged in the charging letter.’’ with others, known and unknown, to a charging letter shall be served on a Based upon the record before him, the bring about an act that constitutes a respondent by mailing a copy by ALJ held Teepad in default. violation of the Regulations, namely the registered or certified mail addressed to On May 22, 2006, the ALJ issued a export of telecommunications devices to the respondent at the respondent’s last Recommended Decision and Order in Iran without the required licenses. BIS known address. In accordance with the which he found the facts to be as alleged alleged that the goal of the conspiracy Regulations, on November 22, 2005, BIS in the charging letter, and determined was to obtain telecommunications mailed the notice of issuance of a that those facts establish that Teepad devices, including devices charging letter by registered mail to committed one violation of Section manufactured by a U.S. company, Teepad. BIS submitted evidence that 764.2(d), two violations of Section including an Adit 600 Chassis, FXO establishes the charging letter was 764.2(b), and two violations of Section Channel Cards, and ABI FXO Ports received by Teepad on or about 764.2(e) of the Regulations. The ALJ (ECCN 5A9913), on behalf of an Iranian December 7, 2005. recommended that Teepad be denied end-user and to export those Section 766.6(a) of the Regulations export privileges for a period of ten telecommunications devices to Iran, by provides, in pertinent part, that ‘‘[t]he years. way of the United Arab Emirates (UAE). respondent must answer the charging On May 30, 2006, Teepad submitted These items were subject to both the letter within 30 days after being served an e-mail to the Office of Chief Counsel with notice of issuance of the charging for Industry and Security that Counsel 1 The charged violations occurred in 2001 and letter’’ initiating the administrative for BIS has supplied to me. In that e- 2002. The Regulations governing the violations at enforcement proceeding. Furthermore, mail, Teepad denies all wrongdoing. For issue are found in the 2001 and 2002 versions of the charging letter informed Teepad that reasons stated previously in this the Code of Federal Regulations (15 CFR parts 730– 774 (2001–2002)). a failure to follow this requirement Decision, this e-mail does not constitute 2 From August 21, 1994 through November 12, would result in default. a properly filed or timely response to 2000, the Act was in lapse. During that period, the On December 24, 2005, Teepad sent a the charges against Teepad (See, President, through Executive Order 12924, which letter to BIS’s Director of the Office of Sections 766.5–6 of the Regulations). was extended by successive Presidential Notices, Export Enforcement in which Teepad The ALJ’s Recommended Decision the last of which was August 3, 2000 (3 CFR, 2000 Comp, 397 (2001)), continued the Regulations in stated that it believed it was in and Order, together with the entire effect under the International Emergency Economic compliance with international law. record in this case, has been referred to Powers Act (50 U.S.C. 1701–06 (2000)) (‘‘IEEPA’’). Teepad did not file this letter with the me for final action under Section 766.22 On November 13, 2000, the Act was reauthorized Administrative Law Judge (ALJ) of the Regulations. I find that the record and it remained in effect through August 20, 2001. Since August 21, 2001, the Act has been in lapse Docketing Center in accordance with supports the ALJ’s findings of fact and and the President, through Executive Order 13222 Section 766.6(a). I note that charging conclusions of law with respect to each of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), letter informed Teepad that, in of the above-referenced charges brought as extended by the Notice of August 2, 2005 (70 FR accordance with the Regulations, the against Teepad. I also find that the 45,273 (August 5, 2005)), has continued the Regulations in effect under IEEPA. answer must be filed with the ALJ penalty recommended by the ALJ is 3 The term ‘‘ECCN’’ refers to Export Control appropriate, given the nature of the Classification Number. See 15 CFR 772.1 (2006). 4 31 CFR part 560 (2006). violations, the importance of preventing

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future unauthorized exports, and the transaction whereby the Denied Person Dated: June 9, 2006. lack of any mitigating factors. I note that acquires or attempts to acquire such David H. McCormick, Iran is a country against which the ownership, possession or control; Under Secretary of Commerce for Industry United States maintains an economic C. Take any action to acquire from or and Security. embargo because of its support for to facilitate the acquisition or attempted Department of Commerce—Bureau of international terrorism. Although the acquisition from the Denied Person of imposition of monetary penalties is an Industry and Security appropriate option, I agree with the ALJ any item subject to the Regulations that [Docket No.: OS–BIS–19] that in this case such a penalty may not has been exported from the United In the Matter of: Teepad Electronic be effective, given the difficulty of States; General Trading, P.O. Box #13708, collecting payment against a party D. Obtain from the Denied Person in Murshed Bazar, Dubai, UAE, outside the United States. the United States any item subject to the Based on my review of the entire Respondent; Recommended Decision Regulations with knowledge or reason and Order record, I affirm the findings of fact and to know that the item will be, or is conclusions of law in the ALJ’s intended to be, exported from the On November 22, 2005, the Bureau of Recommended Decision and Order. United States; or Industry and Security, U.S. Department Accordingly, it is therefore ordered, of Commerce (‘‘BIS’’), issued a charging First, that, for a period of ten years E. Engage in any transaction to service letter initiating this administrative from the date this Order is published in any item subject to the Regulations that enforcement proceeding against Teepad the Federal Register, Teepad Electronic has been or will be exported from the Electronic General Trading (‘‘Teepad’’). General Trading, P.O. Box #13708, United States and that is owned, The Charging Letter alleged that Teepad Murshed Bazar, Dubai, United Arab possessed or controlled by the Denied committee five violations of the Export Emirates, and all of its successors and Person, or service any item, of whatever Administration Regulations (currently assigns, and, when acting for or on origin, that is owned, possessed or codified at 15 CFR parts 730–774 behalf of Teepad, its officers, controlled by the Denied Person if such (2006)) (the ‘‘Regulations’’),1 issued representatives, agents, and employees service involves the use of any item under the Export Administration Act of (‘‘Denied Person’’), may not, directly or subject to the Regulations that has been 1979, as amended (50 U.S.C. App. indirectly, participate in any way in any or will be exported from the United §§ 2401–2420 (2000)) (the ‘‘Act’’).2 transaction involving any commodity, States. For purposes of this paragraph, Specifically, the Charging Letter software or technology (hereinafter servicing means installation, alleged that Teepad conspired and acted collectively referred to as ‘‘item’’) maintenance, repair, modification or in concert with others, known and exported or to be exported from the testing. unknown, to bring about an act that United States that is subject to the constitutes a violation of the Third, that, after notice and Regulations, or in any other activity Regulations, namely the export of subject to the Regulations, including, opportunity for comment as provided in telecommunications devices to Iran but not limited to: Section 766.23 of the Regulations, any without the required licenses. BIS A. Applying for, obtaining, or using person, firm, corporation, or business alleged that the goal of the conspiracy any license, License Exception, or organization related to the Denied was to obtain telecommunications export control document; Person by affiliation, ownership, devices, including devices B. Carrying on negotiations control, or position of responsibility in manufactured by a U.S. company, concerning, or ordering, buying, the conduct of trade or related services including an Adit 600 Chassis, FXO receiving, using, selling, delivering, may also be made subject to the Channel Cards, and ABI FXO Ports storing, disposing of, forwarding, provisions of this Order. (ECCN 5A991 3), items subject to both transporting, financing, or otherwise Fourth, that this Order does not the Regulations and the Iranian servicing in any way, any transaction 4 prohibit any export, reexport, or other Transactions Regulations of the involving any item exported or to be transaction subject to the Regulations Treasury Department’s Office of Foreign exported from the United States that is Assets Control (OFAC), on behalf of an subject to the Regulations, or in any where the only items involved that are subject to the Regulations are the other activity subject to the Regulations; 1 The charged violations occurred in 2001 and or foreign-produced direct product of U.S.- 2002. The Regulations governing the violations at C. Benefiting in any way from any origin technology. issue are found in the 2001 and 2002 versions of transaction involving any item exported the Code of Federal Regulations (15 CFR parts 730– Fifth, that this Order shall be served 774 (2001–2002)). The 2006 Regulations establish or to be exported from the United States on the Denied Person and on BIS, and the procedures that apply to this matter. that is subject to the Regulations, or in shall be published in the Federal 2 From August 21, 1994 through November 12, any other activity subject to the Register. In addition, the ALJ’s 2000, the Act was in lapse. During that period, the President, through Executive Order 12924, which Regulations. Recommended Decision and Order, Second, that no person may, directly was extended by successive Presidential Notices, except for the section related to the the last of which was August 3, 2000 (3 CFR, 2000 or indirectly, do any of the following: Recommended Order, shall be Comp. 397 (2001)), continued the Regulations in A. Export or reexport to or on behalf published in the Federal Register. effect under the International Emergency Economic of the Denied Person any item subject to Powers Act (50 U.S.C. 1701–06 (2000)) (‘‘IEEPA’’). the Regulations; This Order, which constitutes the On November 13, 2000, the Act was reauthorized and it remained in effect through August 20, 2001. B. Take any action that facilitates the final agency action in this matter, is Since August 21, 2001, the Act has been in lapse acquisition or attempted acquisition by effective upon publication in the and the President, through Executive Order 13222 the Denied Person of the ownership, Federal Register. of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), possession, or control of any item as extended by the Notice of August 2, 2005 (70 FR 45,273 (August 5, 2005)), has continued the subject to the Regulations that has been Regulations in effect under IEEPA. or will be exported from the United 3 The term ‘‘ECCN’’ refers to Export Classification States, including financing or other Number. See 15 CFR 772.1 (2006). support activities related to a 4 31 CFR part 560 (2006).

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Iranian end-user and to export those On December 24, 2005, Teepad sent a BIS suggested these sanctions because telecommunications devices to Iran. letter to BIS’s Director of the Office of Teepad’s knowing violation in (Charge 1). Export Enforcement. Teepad did not file transferring controlled The Charging Letter also alleged that, this letter with the ALJ Docketing Center telecommunications devices to Iran on or about December 17, 2001, and on in accordance with Section 766.6(a).6 In without prior authorization evidences a or about March 7, 2002, Teepad aided the letter, Teepad provided factual serious disregard for U.S. export control and/or abetted the doing of an act that information and stated, inter alia, that laws. Furthermore, BIS noted that Iran was prohibited by the Regulations. Teepad believed it was in compliance is a country against which the United Specifically, BIS alleged that Teepad with international law. (Gov’t Ex. 2). On States maintains an economic embargo forwarded telecommunications devices March 9, 2006, BIS notified Teepad via because of Iran’s support of manufactured by a U.S. company, letter and facsimile 7 that Teepad was international terrorism. BIS believes that including an Adit 600 Chassis, FXO required to file a formal answer to the the imposition of a civil monetary Channel Cards, and ABI FXO Ports, Charging Letter with the ALJ. In that penalty in this case may be ineffective, items subject to both the Regulations same letter, BIS notified Teepad that it given the difficulty of collecting (ECCN 5A991) and the Iranian must contact the Office of Chief Counsel payment against a party outside of the Transactions Regulations of Treasury for Industry and Security, by March 22, United States. In light of these Department’s OFAC, that had been 2006, in the event that Teepad wished circumstances, BIS believes that the exported from the United States, to discuss settlement of this matter. denial of Teepad’s export privileges for through the United Arab Emirates to (Gov’t Ex. 3). To date, Teepad has not ten years is an appropriate sanction. Iran without authorization from OFAC filed an answer with the ALJ and has On this basis, the undersigned as required by Section 746.7 of the not contacted the Office of Chief concurs with BIS and recommends that Regulations. (Charges 2 and 3). Counsel to discuss settlement. the Under Secretary enter an Order Finally, the BIS Charging Letter Accordingly, Teepad has not answered denying Teepad’s export privileges for a alleged that in connection with the the Charging Letter in the manner period of ten years. Such a denial order transactions occurring on or about required by Sections 766.5(a) and 766.6 is consistent with penalties imposed in December 17, 2001, and on or about of the Regulations. past cases under the Regulations March 7, 2002, Teepad transferred items involving shipment to Iran. See In the exported from the United States with Pursuant to the default procedures set Matter of Petrom GmbH International knowledge that a violation of the forth in Section 766.7 of the Trade, 70 FR 32,743 (June 6, 2005) Regulations would occur. Specifically, Regulations, the undersigned finds the (affirming the recommendations of the BIS alleged that Teepad transferred the facts to be as alleged in the Charging Administrative Law Judge that a twenty telecommunications devices described Letter, and hereby determines that those year denial order and a civil monetary above to Iran when Teepad knew or had facts establish that Teepad committed sanction of $143,000 were appropriate reason to know that they had been one violation of Section 764.2(d), two where knowing violations involved a exported from the United States, violations of Section 764.2(b), and two shipment of EAR99 items to Iran); In the without authorization from OFAC. violations of Section 764.2(e) of the Matter of Arian Transportvermittlungs, (Charges 4 and 5). Regulations. GmbH, 69 FR 28,120 (May 18, 2004) Section 766.3(b)(1) of the Regulations Section 764.3 of the Regulations sets (affirming the recommendation of the provides that notice of the issuance of forth the sanctions BIS may seek for Administrative Law Judge that a ten a charging letter shall be served on a violations of the Regulations. The year denial order was appropriate where respondent by mailing a copy by applicable sanctions are: (i) A monetary knowing violations involved a shipment registered or certified mail addressed to penalty, (ii) suspension from practice of a controlled item to Iran); In the the respondent at the respondent’s last before the Bureau of Industry and Matter of Jabal Damavand General known address. In accordance with the Security, and (iii) a denial of export Trading Company, 67 FR 32,009 (May Regulations, on November 22, 2005, BIS privileges under the Regulations. See 13, 2002) (affirming the mailed the notice of issuance of a CFR 764.3 (2001–2002). Because Teepad recommendation of the Administrative charging letter by registered mail to knowingly violated the Regulations by Law Judge that a ten year denial order Teepad at its last known address: transferring items that were subject to was appropriate where knowing Teepad Electronic General Trading, P.O. the Regulations with knowledge that a violations involved shipment of EAR99 Box #13708, Murshed Bazar, Dubai, violation of the Regulations would items to Iran); In the Matter of UAE. BIS submitted evidence that occur, BIS requests that the undersigned Adbulamire Mahdi, 68 FR 57,406 establishes the Charging Letter was recommends to the Under Secretary of (October 3, 2003) (affirming the received by Teepad on or about Commerce for Industry and Security 8 recommendation of the Administrative December 7, 2005.5 These actions that Teepad’s export privileges be Law Judge that a twenty year denial constitute service under the denied for ten years. order was appropriate where knowing Regulations. violations involved shipments of EAR99 items to Iran as a part of a conspiracy Section 766.6(a) of the Regulations 6 The Charging Letter provided the address of the provides, in pertinent part, that ‘‘[t]he ALJ Docketing Center and specified that the answer to ship such items through Canada to respondent must answer the charging must be filed in accordance with 15 CFR 766.5(a) Iran). A ten year denial of Teepad’s letter within 30 days after being served to the ALJ Docketing Center. export privileges is warranted because with notice of issuance of the charging 7 BIS’s letter of March 9, 2006 was successfully Teepad’s violations, like those of the sent to the facsimile number provided by Teepad. letter’’ initiating the administrative (Gov’t Ex. 4). defendants in the above-cited case, were enforcement proceeding. Furthermore, 8 Pursuant to Section 13(c)(1) of the Export deliberate acts done is violation of U.S. BIS informed Teepad that a failure to Administration Act and Section 766.17(b)(2) of the export control laws. follow this requirement would result in Regulations, in export control enforcement cases, The terms of the denial of export the Administrative Law Judge makes recommended privileges against Teepad should be default. (Charging Letter, at 3). findings of fact and conclusions of law that the Under Secretary must affirm, modify or vacate. The consistent with the standard language 5 Government Exhibit A of the January 5, 2006 Under Secretary’s action is the final decision for the used by BIS in such orders. The Certificate Regarding Service. U.S. Commerce Department. language is:

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[Redacted Section] We did not receive a notice of intent subject merchandise prior to the [Redacted Section] to participate from domestic interested effective date of revocation will parties in any of these sunset reviews by continue to be subject to suspension of [Redacted Section] the deadline date. As a result, in liquidation and antidumping duty Accordingly, the undersigned refers accordance with 19 CFR deposit requirements. The Department this Recommended Decision and Order 351.218(d)(1)(iii)(A), the Department will complete any pending to the Under Secretary of Commerce for determined that no domestic interested administrative reviews of these orders Industry and Security for review and party intends to participate in the sunset and will conduct administrative reviews final action for the agency, without reviews, and on April 24, 2006, we of subject merchandise entered prior to further notice to the respondent, as notified the International Trade the effective date of revocation in provided in Section 766.7 of the Commission, in writing, that we response to appropriately filed requests Regulations. intended to issue final determinations for review. Within 30 days after receipt of this revoking these antidumping duty These five-year (sunset) reviews and Recommended Decision and Order, the orders. See 19 CFR notice are in accordance with sections Under Secretary shall issue a written 351.218(d)(1)(iii)(B)(2). 751(c) and 777(i)(1) of the Act. order affirming, modifying, or vacating Scope of the Orders Dated: June 9, 2006. the Recommended Decision and Order. David M. Spooner, See 15 CFR 766.22(c). For purposes of these orders, the term ‘‘stainless steel angle’’ includes hot– Assistant Secretary for Import Dated: May 22, 2006. rolled, whether or not annealed or Administration. Joseph N. Ingolia, descaled, stainless steel products of [FR Doc. E6–9367 Filed 6–14–06; 8:45 am] Chief Administrative Law Judge. equal leg length angled at 90 degrees, BILLING CODE 3510–DS–S [FR Doc. 06–5435 Filed 6–14–06; 8:45 am] that are not otherwise advanced. The BILLING CODE 3510–33–M stainless steel angle subject to these orders is currently classifiable under DEPARTMENT OF COMMERCE subheadings 7222.40.30.20 and International Trade Administration DEPARTMENT OF COMMERCE 7222.40.30.60 of the Harmonized Tariff Schedule of the United States (HTSUS). [A–428–830] International Trade Administration Specifically excluded from the scope of [A–588–856, A–580–846, A–469–810] these orders is stainless steel angle of Notice of Extension of Final Results of unequal leg length. Although the Antidumping Duty Administrative Stainless Steel Angle From Japan, the HTSUS subheadings are provided for Review: Stainless Steel Bar from Republic of Korea, and Spain: Final convenience and customs purposes, our Germany Results of Sunset Reviews and written description of the scope of these AGENCY: Import Administration, Revocation of Orders orders is dispositive. International Trade Administration, AGENCY: Import Administration, Determination to Revoke Department of Commerce. International Trade Administration, Pursuant to section 751(c)(3)(A) of the EFFECTIVE DATE: June 15, 2006. Department of Commerce. Tariff Act of 1930, as amended (the Act), FOR FURTHER INFORMATION CONTACT: SUMMARY: On April 3, 2006, the and 19 CFR 351.218(d)(1)(iii)(B)(3), if no Brandon Farlander or Natalie Kempkey, Department of Commerce (Department) domestic interested party files a notice at (202) 482–0182 or (202) 482–1698, initiated the sunset reviews of the of intent to participate, the Department respectively; AD/CVD Operations, antidumping duty orders on stainless shall, within 90 days after the initiation Office 1, Import Administration, steel angle from Japan, the Republic of of the review, issue a final International Trade Administration, Korea (Korea), and Spain (71 FR 16551). determination revoking the order. U.S. Department of Commerce, 14th Because the domestic interested parties Because the domestic interested parties Street & Constitution Avenue, NW., did not participate in these sunset did not file a notice of intent to Washington, DC 20230. reviews, the Department is revoking participate in these sunset reviews, the SUPPLEMENTARY INFORMATION: these antidumping duty orders. Department finds that no domestic Background EFFECTIVE DATE: May 18, 2006. interested party is participating in these FOR FURTHER INFORMATION CONTACT: Jill sunset reviews. Therefore, consistent On February 3, 2006, the Department Pollack or Brandon Farlander, Import with 19 CFR 351.222(i)(1)(i) and section of Commerce (‘‘the Department’’) Administration, International Trade 751(c)(3) of the Act, we are revoking published the preliminary results of the Administration, U.S. Department of these antidumping duty orders. The administrative review of the Commerce, 14th Street and Constitution effective date of revocation is May 18, antidumping order on stainless steel bar Avenue, NW., Washington, DC 20230; 2006, the fifth anniversary of the date from Germany for the period March 1, telephone: (202) 482–4593 or (202) 482– the Department published these 2004, through February 28, 2005 (See 0182, respectively. antidumping duty orders. See 19 CFR Stainless Steel Bar from Germany: SUPPLEMENTARY INFORMATION: 351.222(i)(2)(i). Preliminary Results of Antidumping Administrative Review, 71 FR 5811 Background Effective Date of Revocation (February 3, 2006) (‘‘Preliminary On May 18, 2001, the Department Pursuant to section 751(c)(3)(A) of the Results’’)). On May 11, 2006, the issued antidumping duty orders on Act and 19 CFR 351.222(i)(2)(i), the Department published its first extension stainless steel angle from Japan, Korea, Department will instruct U.S. Customs of the time limit for the final results of and Spain (66 FR 27628). On April 3, and Border Protection to terminate the this administrative review (See Notice 2006, the Department initiated sunset suspension of liquidation of the of Extension of Final Results of reviews of these orders. See Initiation of merchandise subject to these orders Antidumping Duty Administrative Five-year (Sunset) Reviews, 71 FR 16551 entered, or withdrawn from warehouse, Review: Stainless Steel Bar from (Apr. 3, 2006). on or after May 18, 2006. Entries of Germany, 71 FR 27465 (May 11, 2006)).

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The current deadline for the final results or his designee, of the discontinuance of DEPARTMENT OF COMMERCE of this review is July 3, 2006. the existing exemption for aircraft registered in the Republic of Bolivia National Oceanic and Atmospheric Extension of Time Limit for Final Administration Results of Review from certain internal revenue taxes on the purchase of supplies in the United Availability of Seats for the Gulf of the Section 751(a)(3)(A) of the Tariff Act States for such aircraft in connection Farallones National Marine Sanctuary of 1930, as amended (‘‘the Act’’), with their international commercial requires the Department to issue (1) the Advisory Council operations. preliminary results of a review within AGENCY: National Marine Sanctuary 245 days after the last day of the month Program (NMSP), National Ocean in which occurs the anniversary of the SUMMARY: Notice is hereby given that Service (NOS), National Oceanic and date of publication of an order or the Department of Commerce has Atmospheric Administration, finding for which a review is requested, determined that the Government of Department of Commerce (DOC). and (2) the final results within 120 days Bolivia has discontinued allowing after the date on which the preliminary substantially reciprocal tax exemptions ACTION: Notice and request for results are published. However, if it is to aircraft of U.S. registry in connection applications. with international commercial not practicable to complete the review SUMMARY: The Gulf of the Farallones operations similar to those exemptions within that time period, section National Marine Sanctuary (GFNMS or 751(a)(3)(A) of the Act allows the currently granted to aircraft of Bolivian Sanctuary) is seeking applicants for the Department to extend the time limit for registry by the United States. The following seats on its Sanctuary the preliminary results to a maximum of Department reached this determination Advisory Council (Advisory Council): 365 days and the final results to a after a review conducted pursuant to At-Large for San Francisco/San Mateo maximum of 180 days (or 300 days if Section 4221 of the Internal Revenue Counties (alternate). the Department does not extend the Code, as amended (26 U.S.C. 4221). Education (primary and alternate). time limit for the preliminary results) The above-cited statute provides Maritime Activities/Recreational from the date of the publication of the exceptions for aircraft of foreign registry (primary and alternate). preliminary results. See 19 CFR from payment of certain internal Research (primary and alternate). 351.213(h)(2). Applicants are chosen based upon We determine that it is not practicable revenue taxes on the purchase of supplies in the United States for such their particular expertise and experience to complete the final results of this in relation to the seat for which they are review within the extended time limits. aircraft in connection with their international commercial operations. applying; community and professional Due to the complexity of issues present affiliations; philosophy regarding the These exemptions apply upon a finding in this administrative review, such as protection and management of marine by the Secretary of Commerce, or his BGH’s claim of a downward adjustment resources; and possibly the length of designee, and communicated to the to normal value for home market residence in the area affected by the commissions and the Department’s Department of the Treasury, that such Sanctuary. Applicants who are chosen upward adjustment to BGH’s cost of country allows, or will allow, as members should expect to serve manufacture, the Department needs ‘‘substantially reciprocal privileges’’ to either a two- or three-year term, additional time to address these items aircraft of U.S. registry with respect to pursuant to the Advisory Council’s and evaluate the issues more purchases of such supplies in that Charter. thoroughly. Therefore, we are extending country. If a foreign country DATES: the deadline for the final results of this discontinues the allowance of such Applications are due by August 15, 2006. review by 14 days. Accordingly, the substantially reciprocal exemption, the final results will be issued no later than exemption allowed by the United States ADDRESSES: Application kits may be July 17, 2006. will not apply after the Secretary of the obtained from Gulf of the Farallones This extension is in accordance with Treasury is notified by the Secretary of National Marine Sanctuary, Building section 751(a)(3)(A) of the Act and 19 201 Fort Mason, San Francisco, CA Commerce, or his designee, of the CFR 351.213(h)(2). 94950, (415) 561–6622, and over the discontinuance. Dated: June 9, 2006. Internet at: http://farallones.noaa.gov/ Interested parties were invited in a Stephen J. Claeys, manage/sac.html. Completed Federal Register Notice dated June 30, applications should be sent to the above Deputy Assistant Secretary for Import 2005, to submit their views, comments Administration. mailing address. and supporting documentation in [FR Doc. E6–9368 Filed 6–14–06; 8:45 am] FOR FURTHER INFORMATION CONTACT: Gulf writing concerning this matter to the BILLING CODE 3510–DS–S of the Farallones National Marine U.S. Department of Commerce. The Sanctuary, Building 201 Fort Mason, Department then conducted its review. San Francisco, CA 94950, (415) 561– DEPARTMENT OF COMMERCE Those desiring additional information 6622. contact Mr. Eugene Alford, Office of SUPPLEMENTARY INFORMATION: The Gulf International Trade Administration Service Industries, Room 1104, U.S. of the Farallones National Marine Department of Commerce, Washington, Sanctuary (GFNMS) was established in Exemption of Foreign Air Carriers DC 20230, or telephone 202–482–5071. From Excise Taxes; Discontinuance of 1981 to protect the near shore waters of Exemption; Republic of Bolivia Dated: June 9, 2006. the California Coast north and west of Albert A. Frink, San Francisco, and the offshore Farallon AGENCY: International Trade Islands. The sanctuary includes nursery Administration, U.S. Department of Assistant Secretary for Manufacturing and Services. and spawning grounds for commercially Commerce. important species, over 33 species of [FR Doc. E6–9335 Filed 6–14–06; 8:45 am] ACTION: Notification to the Secretary of marine mammals, and 15 species of Treasury by the Secretary of Commerce, BILLING CODE 3510–DR–P breeding seabirds. The Farallon Islands

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themselves contain the largest resources; and possibly the length of PATENT AND TRADEMARK OFFICE concentration of breeding seabirds in residence in the area affected by the the contiguous United States. Key Sanctuary. Applicants who are chosen Requirements for Patent Applications habitats include coastal beaches, rocky as members should expect to serve 2- Containing Nucleotide Sequence and/ shores, mud and tidal flats, salt marsh, year terms, pursuant to the Council’s or Amino Acid Sequence Disclosures estuaries, and pelagic waters. Charter. Additionally, the area within the ACTION: Proposed collection; comment Monterey Bay National Marine DATES: Applications are due by June 30, request. Sanctuary (MBNMS) north of the San 2006. SUMMARY: The United States Patent and Mateo/Santa Cruz county boundary is Trademark Office (USPTO), as part of its administered by the GFNMS. The legal ADDRESSES: Application kits may be obtained from: Krista Trono, Monitor continuing effort to reduce paperwork boundaries of each sanctuary remain as and respondent burden, invites the is. The GFNMS is responsible for National Marine Sanctuary, 100 Museum Drive, Newport News, VA general public and other Federal developing and managing most agencies to take this opportunity to sanctuary programs within this area, 23602. Completed applications should be sent to the same address. comment on the continuing information with the exception that the MBNMS is collection, as required by the Paperwork responsible for the Water Quality FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995, Public Law 104– Protection Program. 13 (44 U.S.C. 3506(c)(2)(A)). The GFNMS Advisory Council was Krista Trono, Communications originally chartered in 2001, with seven Coordinator, Monitor National Marine DATES: Written comments must be voting members. It has recently been Sanctuary, 100 Museum Drive Newport submitted on or before August 14, 2006. expanded to 12 voting members. The News, VA 23602. (757) 591–7328, Fax: ADDRESSES: You may submit comments primary focus of the Council is to advise (757) 591–7353, [email protected]. by any of the following methods: E-mail: [email protected]. the Sanctuary Manager regarding the SUPPLEMENTARY INFORMATION: The Include ‘‘0651–0024 comment’’ in the implementation of the sanctuary MNMS Advisory Council was management plan, in conjunction with subject line of the message. established in 2005 and representation Fax: 571–273–0112, marked to the the contiguous Monterey Bay and currently consists of eleven members, Cordell Bank National Marine attention of Susan Brown. including four government agency Sanctuaries. Mail: Susan K. Brown, Records representatives and seven members Officer, Office of the Chief Information Authority: 16 U.S.C. Sections 1431, et seq. from the general public. The Council Officer, Architecture, Engineering and (Federal Domestic Assistance Catalog functions in an advisory capacity to the Technical Services, Data Architecture Number 11.429 Marine Sanctuary Program) Sanctuary Superintendent. The Council and Services Division, U.S. Patent and Dated: June 5, 2006. works in concert with the Sanctuary Trademark Office, P.O. Box 1450, Daniel J. Basta, Superintendent by keeping him or her Alexandria, VA 22313–1450. Federal e-Rulemaking Portal: http:// Director, National Marine Sanctuary Program, informed about issues of concern National Oceanic and Atmospheric throughout the Sanctuary, offering www.regulations.gov. Administration. recommendations on specific issues, FOR FURTHER INFORMATION CONTACT: [FR Doc. 06–5422 Filed 6–14–06; 8:45 am] and aiding the Manager in achieving the Requests for additional information BILLING CODE 3510–NK–M goals of the Sanctuary program. should be directed to Robert J. Spar, Specifically, the Council’s objectives are Director, Office of Patent Legal to provide advice on: (1) Protecting Administration, U.S. Patent and DEPARTMENT OF COMMERCE cultural resources, and identifying and Trademark Office, P.O. Box 1450, evaluating emergent or critical issues Alexandria, VA 22313–1450; by National Oceanic and Atmospheric involving Sanctuary use or resources; telephone at 571–272–7700; or by e-mail Administration (2) Identifying and realizing the at [email protected]. Maritime Museum Seat Vacancy for the Sanctuary’s research objectives; (3) I. Abstract Monitor National Marine Sanctuary Identifying and realizing educational Patent applications that contain Advisory Council opportunities to increase the public nucleotide and/or amino acid sequence knowledge and stewardship of the AGENCY: disclosures must include a copy of the National Marine Sanctuary Sanctuary environment; and (4) Program (NMSP), National Ocean sequence listing in accordance with the Assisting to develop an informed Service (NOS), National Oceanic and requirements in 37 CFR 1.821–1.825. constituency to increase awareness and Atmospheric Administration, The rules of practice require applicants Department of Commerce (DOC). understanding of the purpose and value to submit these sequence listings in a of the Sanctuary and the National ACTION: Notice and request for standard international format that is Marine Sanctuary Program. applications. consistent with World Intellectual Authority: 16 U.S.C. Sections 1431, et seq. Property Organization (WIPO) Standard SUMMARY: The Monitor National Marine ST.25 (1998). Applicants may submit Sanctuary (MNMS or Sanctuary) is (Federal Domestic Assistance Catalog sequence listings for both U.S. and seeking applicants for the Maritime Number 11.429 Marine Sanctuary Program) international patent applications. Museum seat on its Sanctuary Advisory Dated: June 5, 2006. The USPTO uses the sequence listings Council (Council). Daniel J. Basta, during the examination process to Applicants are chosen based upon determine the patentability of the Director, National Marine Sanctuary Program, their particular expertise and experience National Oceanic and Atmospheric associated patent application. Sequence in relation to the seat for which they are Administration. listings are also disclosed as part of the applying; community and professional [FR Doc. 06–5421 Filed 6–14–06; 8:45 am] published patent application or issued affiliations; philosophy regarding the patent. Sequence listings that are protection and management of marine BILLING CODE 3510–NK–M extremely long (files larger than 600K or

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approximately 300 printed pages) are Applicants may submit the CRF copy of III. Data published only in electronic form and the sequence listing to the USPTO on are available to the public on the CD or other acceptable media as OMB Number: 0651–0024. USPTO sequence data Web page. provided in 37 CFR 1.824. Sequence Form Number(s): None. The USPTO recognizes that the listings that are submitted electronically Type of Review: Revision of a submission of massive paper versions of using EFS do not require a separate CRF currently approved collection. copy. extremely long sequence listings would Affected Public: Individuals or place a significant burden on applicants This information collection contains the sequence listings that are submitted households; businesses or other for- and the USPTO, while also being of profits; not-for-profit institutions; farms; minimal utility for examination with biotechnology patent applications. Information pertaining to the filing of the Federal Government; and state, local purposes. Consequently, applicants may or tribal governments. submit the sequence listing required by the initial patent application itself is Estimated Number of Respondents: 37 CFR 1.821(c) on paper or compact collected under OMB Control Number 0651–0032, and international 15,382 responses per year. disc (CD). Applicants may also file applications submitted under the Patent sequence listings for U.S. applications Estimated Time per Response: The Cooperation Treaty (PCT) are covered electronically using the Electronic USPTO estimates that it will take the under OMB Control Number 0651–0021. Filing System (EFS) software developed public approximately ten minutes (0.17 Customers may use a checkbox on Form by the USPTO for secure transmission of hours) to one hour and 20 minutes (1.33 PTO/SB/05 Utility Patent Application patent applications and related hours) to gather the necessary Transmittal, which is covered under documents over the Internet. Applicants information, prepare the sequence OMB Control Number 0651–0032, to may use EFS to file a sequence listing listing, and submit it to the USPTO, indicate the submission of a sequence electronically with a patent application depending on whether the listing is listing for a U.S. patent application. The or subsequent to a previously filed submitted on paper, on CD, or USPTO also provides a sample format electronically. application. for the transmittal documentation that Estimated Total Annual Respondent Under 37 CFR 1.821(e)-(f), applicants must be submitted with a sequence Burden Hours: 17,297 hours per year. must also submit a copy of the sequence listing on CD for an international patent listing in ‘‘computer readable form’’ application. Applicants who submit Estimated Total Annual Respondent (CRF) with a statement indicating that sequence listings using EFS must Cost Burden: $1,556,730 per year. The the CRF copy of the sequence listing is complete the electronic transmittal USPTO expects that the information in identical to the paper or CD copy forms included within the submission this collection will be prepared by required by 1.821(c). If an applicant software. paraprofessionals at an estimated rate of later submits an amendment to the $90 per hour. Therefore, the USPTO paper or CD copy of the sequence II. Method of Collection estimates that the respondent cost listing, the applicant must also submit By mail, hand delivery, or burden for this collection will be a new CRF copy of the amended listing. electronically to the USPTO. approximately $1,556,730 per year.

Estimated Estimated Item Estimated time for response annual annual burden responses hours

Sequence Listing in Application (paper) ...... 1 hour and 20 minutes ...... 11,512 15,311 Sequence Listing in Application (CD) ...... 1 hour ...... 1,600 1,600 Electronic Sequence Listing in Application (EFS) ...... 10 minutes ...... 2,270 386

Total ...... 15,382 17,297

Estimated Total Annual Non-hour for a total of $960,000 per year. While filing fees that may be associated with Respondent Cost Burden: $4,285,658 there is no additional fee for a sequence paper and CD sequence listings for per year. There are no maintenance listing filed on paper in an international international applications. costs associated with this collection. application, the basic international Under 37 CFR 1.16(s) and 1.492(j), The USPTO provides free software for filing fee only covers the first 30 pages both U.S. and international patent creating and validating the format of the of the application. As a result, there is applications that include lengthy paper sequence listings prior to submission. a $12 fee per page that is added to the sequence listings may be subject to an However, this collection does have international filing fee for each page application size fee. For applications annual (non-hour) costs in the form of over 30 pages. The average length of a with paper sequences listings that filing fees, capital start-up costs, paper sequence listing in an exceed 100 pages, the application size recordkeeping costs, and postage costs. international application is 150 pages, fee is $250 (or $125 for small entities) There is no separate filing fee for which would carry an additional fee of for each additional 50 pages or fraction submitting a sequence listing as part of $1,800 if the international application thereof. The USPTO estimates that a U.S. patent application, but there is a were already at least 30 pages long approximately 400 applications with filing fee of $4,800 for submitting a without the listing. The USPTO long paper sequence listings will incur sequence listing in electronic form (on estimates that approximately 1,560 of an average application size fee of $750, CD) as part of an international PCT the 11,512 paper sequence listings and approximately 310 applications application. The USPTO estimates that submitted per year will be for with long paper listings from small approximately 200 of the 1,600 CD international applications, for a total of entities will incur an average sequence listings submitted per year $2,808,000 per year. Therefore, this application size fee of $375, for a total will be for international applications, collection has $3,768,000 per year in of $416,250 per year. Therefore, this

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collection has a total of $4,184,250 in filing fees, capital start-up costs, collection requests. OMB may amend or filing fees per year. recordkeeping costs, and postage costs waive the requirement for public There are capital start-up costs is estimated to be $4,285,658 per year. consultation to the extent that public associated with submitting sequence participation in the approval process IV. Request for Comments listings and CRF copies to the USPTO would defeat the purpose of the on CD. Applicants who submit sequence Comments are invited on: (a) Whether information collection, violate State or listings on CD must submit two copies the proposed collection of information Federal law, or substantially interfere of the CD (or three copies for is necessary for the proper performance with any agency’s ability to perform its international applications) along with a of the functions of the agency, including statutory obligations. The IC Clearance transmittal letter stating that the copies whether the information shall have Official, Regulatory Information are identical. This process requires practical utility; (b) the accuracy of the Management Services, Office of additional supplies, including blank agency’s estimate of the burden Management, publishes that notice recordable CD media and padded (including hours and cost) of the containing proposed information envelopes for shipping. The USPTO proposed collection of information; (c) collection requests prior to submission estimates that the cost of these supplies ways to enhance the quality, utility, and of these requests to OMB. Each will be approximately $3 per CD clarity of the information to be proposed information collection, submission and that it will receive collected; and (d) ways to minimize the grouped by office, contains the approximately 1,600 CD submissions burden of the collection of information following: (1) Type of review requested, per year, for a total of $4,800. In on respondents, e.g., the use of e.g. new, revision, extension, existing or addition, customers who submit automated collection techniques or reinstatement; (2) Title; (3) Summary of sequence listings on paper or CD must other forms of information technology. the collection; (4) Description of the also submit a separate CRF copy of the Comments submitted in response to need for, and proposed use of, the listing, which may be submitted on CD. this notice will be summarized or information; (5) Respondents and The USPTO estimates that it will included in the request for OMB frequency of collection; and (6) receive approximately 13,112 CRF approval of this information collection; Reporting and/or Recordkeeping copies for paper and CD sequence they also will become a matter of public burden. OMB invites public comment. listings at an estimated cost of $2 per record. Dated: June 7, 2006. copy, for a total of $26,224. Therefore, Dated: June 9, 2006. this collection has total capital start-up Angela C. Arrington, costs of $31,024 per year associated Susan K. Brown, IC Clearance Official, Regulatory Information with submitting sequence listings and Records Officer, USPTO, Office of the Chief Management Services, Office of Management. Information Officer, Architecture, CRF copies on CD. Office of English Language Acquisitions Applicants who submit sequence Engineering and Technical Services, Data Architecture and Services Division. listings on CD may also incur Type of Review: Revision. recordkeeping costs. The USPTO [FR Doc. E6–9343 Filed 6–14–06; 8:45 am] Title: Title III Biennial Report advises applicants to retain a back-up BILLING CODE 3510–16–P Required of State Education Agencies copy of CD submissions and associated Regarding Activities Under the NCLB documentation for their records. The Act of 2001. USPTO estimates that it will take DEPARTMENT OF EDUCATION Frequency: Biennially. applicants five minutes to produce a Affected Public: State, Local, or Tribal back-up CD copy and two minutes to Submission for OMB Review; Gov’t, SEAs or LEAs. print copies of documentation, for a Comment Request Reporting and Recordkeeping Hour total of seven minutes (0.12 hours) to AGENCY: Department of Education. Burden: Responses: 52. make a back-up copy of the CD SUMMARY: The IC Clearance Official, Burden Hours: 156. submission. The USPTO estimates that Regulatory Information Management Abstract: State Directors of Title III of approximately 1,600 CD submissions Services, Office of Management invites the No Child Left Behind (Elementary will be received per year, for a total of comments on the submission for OMB and Secondary Education) Act— 192 hours for making back-up CD review as required by the Paperwork Language Instruction for Limited copies. The USPTO expects that these Reduction Act of 1995. back-up copies will be prepared by English Proficient and Immigrant DATES: Interested persons are invited to paraprofessionals at an estimated rate of students—are required to transmit their submit comments on or before July 17, $90 per hour, for a total recordkeeping State Formula Grant Biennial Evaluation 2006. cost of $17,280 per year. Report to the Secretary of Education Customers may incur postage costs ADDRESSES: Written comments should every two years. The Department uses when submitting a sequence listing to be addressed to the Office of the information collected for the the USPTO by mail. Mailed submissions Information and Regulatory Affairs, Secretary’s Biennial Report to Congress may include the sequence listing on Attention: Rachel Potter, Desk Officer, and for the determination of State Title either paper or CD, the CRF copy of the Department of Education, Office of III accountability. listing on CD, and a transmittal letter Management and Budget, 725 17th Requests for copies of the information containing the required identifying Street, NW., Room 10222, New collection submission for OMB review information. The USPTO estimates that Executive Office Building, Washington, may be accessed from http:// the average postage cost for a paper or DC 20503 or faxed to (202) 395–6974. edicsweb.ed.gov, by selecting the CD sequence listing submission will be SUPPLEMENTARY INFORMATION: Section ‘‘Browse Pending Collections’’ link and $4.05 and that 13,112 sequence listings 3506 of the Paperwork Reduction Act of by clicking on link number 3024. When will be mailed to the USPTO per year, 1995 (44 U.S.C. chapter 35) requires that you access the information collection, for a total postage cost of $53,104 per the Office of Management and Budget click on ‘‘Download Attachments ‘‘ to year. (OMB) provide interested Federal view. Written requests for information The total non-hour respondent cost agencies and the public an early should be addressed to U.S. Department burden for this collection in the form of opportunity to comment on information of Education, 400 Maryland Avenue,

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SW., Potomac Center, 9th Floor, operation, and special arrangements Monday through Friday, excluding legal Washington, DC 20202–4700. Requests should be made for deliveries of boxed holidays. The telephone number for the may also be electronically mailed to information. Reading Room is 202–566–1744, and the [email protected] or faxed to 202– Instructions: Direct your comments to telephone number for the Air and 245–6623. Please specify the complete Docket ID No. EPA–HQ–OAR–2006– Radiation Docket is 202–566–1742. title of the information collection when 0482. EPA’s policy is that all comments Use http://www.regulations.gov to making your request. received will be included in the public obtain a copy of the draft collection of Comments regarding burden and/or docket without change and may be information, submit or view public the collection activity requirements made available online at http:// comments, access the index listing of should be electronically mailed to www.regulations.gov, including any the contents of the docket, and to access [email protected]. Individuals who personal information provided, unless those documents in the public docket use a telecommunications device for the the comment includes information that are available electronically. Once in deaf (TDD) may call the Federal claimed to be Confidential Business the system, select ‘‘search,’’ then key in Information Relay Service (FIRS) at 1– Information (CBI) or other information the docket ID number identified in this 800–877–8339. whose disclosure is restricted by statute. document. Do not submit information that you [FR Doc. E6–9193 Filed 6–14–06; 8:45 am] What Information Is EPA Particularly consider to be CBI or otherwise BILLING CODE 4000–01–P Interested In? protected through www.regulations.gov or e-mail. The http:// Pursuant to section 3506(c)(2)(A) of www.regulations.gov Web site is an the PRA, EPA specifically solicits ENVIRONMENTAL PROTECTION ‘‘anonymous access’’ system, which comments and information to enable it AGENCY means EPA will not know your identity to: [EPA–HQ–OAR–2006–0482; FRL–8183–9] or contact information unless you (i) Evaluate whether the proposed provide it in the body of your comment. collection of information is necessary Agency Information Collection If you send an e-mail comment directly for the proper performance of the Activities; Proposed Collection; to EPA without going through http:// functions of the Agency, including Comment Request; EPA–ICR No. www.regulations.gov your e-mail whether the information will have 1774.03, OMB Control No. 2060–0350 address will be automatically captured practical utility; and included as part of the comment (ii) Evaluate the accuracy of the AGENCY: Environmental Protection Agency’s estimate of the burden of the Agency (EPA). that is placed in the public docket and made available on the Internet. If you proposed collection of information, ACTION: Notice. submit an electronic comment, EPA including the validity of the methodology and assumptions used; SUMMARY: In compliance with the recommends that you include your (iii) Enhance the quality, utility, and Paperwork Reduction Act (PRA) (44 name and other contact information in clarity of the information to be U.S.C. 3501 et seq.), this document the body of your comment and with any disk or CD–ROM you submit. If EPA collected; and announces that EPA is planning to (iv) Minimize the burden of the submit a request to renew an existing cannot read your comment due to technical difficulties and cannot contact collection of information on those who approved Information Collection are to respond, including through the Request (ICR) to the Office of you for clarification, EPA may not be able to consider your comment. use of appropriate automated electronic, Management and Budget (OMB). This mechanical, or other technological ICR is scheduled to expire on September Electronic files should avoid the use of special characters, any form of collection techniques or other forms of 30, 2006. Before submitting the ICR to information technology, e.g., permitting OMB for review and approval, EPA is encryption, and be free of any defects or viruses. electronic submission of responses. In soliciting comments on specific aspects particular, EPA is requesting comments FOR FURTHER INFORMATION CONTACT: of the proposed information collection from very small businesses (those that Karen Thundiyil, Environmental as described below. employ less than 25) on examples of Protection Agency, Stratospheric DATES: Comments must be submitted on specific additional efforts that EPA Protection Division, Office of or before August 14, 2006. could make to reduce the paperwork Atmospheric Programs, MC 6205J, 1200 ADDRESSES: Submit your comments, burden for very small businesses Pennsylvania Ave., NW., Washington, identified by Docket ID No. EPA–HQ– affected by this collection. 2006–0482 by one of the following DC 20460; telephone number: (202) methods: 343.9464; fax number: (202) 343.2363; e- What Should I Consider When I • http://www.regulations.gov: Follow mail address: [email protected]. Prepare My Comments for EPA? the on-line instructions for submitting SUPPLEMENTARY INFORMATION: You may find the following comments. How Can I Access the Docket and/or suggestions helpful for preparing your • E-mail: [email protected]. Submit Comments? comments: • Fax: 202–566–1741 1. Explain your views as clearly as • Mail: Environmental Protection EPA has established a public docket possible and provide specific examples. Agency, EPA Docket Center (EPA/DC), for this ICR under Docket ID No. EPA– 2. Describe any assumptions that you Mailcode 6102T, Attention Docket ID HQ–2006–0482, which is available for used. No. OAR, 1200 Pennsylvania Avenue, online viewing at http:// 3. Provide copies of any technical NW., Washington, DC 20460 www.regulations.gov, or in person information and/or data you used that • Hand Delivery: Public Reading viewing at the Air and Radiation Docket support your views. Room, Room B102, EPA West Building, in the EPA Docket Center (EPA/DC), 4. If you estimate potential burden or 1301 Constitution Avenue, NW., EPA West, Room B102, 1301 costs, explain how you arrived at the Washington, DC. Constitution Ave., NW., Washington, estimate that you provide. Such deliveries are only accepted DC. The EPA/DC Public Reading Room 5. Offer alternative ways to improve during the Docket’s normal hours of is open from 8 a.m. to 4:30 p.m., the collection activity.

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6. Make sure to submit your alternatives submitted to EPA for review In 2003, the U.S. Department of Labor comments by the deadline identified have been listed as acceptable for a statistics indicated there were 168,630 under DATES. specific use, typically with some automotive body and related repairers 7. To ensure proper receipt by EPA, condition or limit to minimize risks to (Standard Occupation Classification be sure to identify the docket ID number human health and the environment. [SOC] System Code Number 49–3021) assigned to this action in the subject Regulation promulgated under SNAP and 701,150 automotive service line on the first page of your response. requires that mobile air conditioners technicians and mechanics (SOC Code You may also provide the name, date, (MAC) retrofitted to use a SNAP Number 49–3023) in the U.S. EPA and Federal Register citation. substitute refrigerant include basic estimated that 87,000 of them, or information on a label to be affixed to What Information Collection Activity or approximately 10% of the total, would the air conditioner. The label includes ICR Does This Apply to? the name of the substitute refrigerant, be responsible for retrofitting the [Docket ID No. EPA–HQ–OAR–2006–0482] when and by whom the retrofit was estimated 3,000,000 MACs over the Affected entities: Entities potentially performed, environmental and safety three-year term of the previous ICR. affected by this action are new and used information about the substitute In 2003, EPA estimated the time to car dealers, gas service stations, top and refrigerant, and other information. This complete and apply the label at 5 body repair shops, general automotive information is needed so that minutes per MAC, making the total repair shops, automotive repair shops subsequent technicians working on the burden 250,000 hours (83,333 hours and not elsewhere classified, including air MAC system will be able to service the 20 minutes per year). At an estimated conditioning and radiator specialty equipment properly, decreasing the average labor rate of $70 per hour, the shops. likelihood of significant refrigerant overall cost associated with the burden Title: Information Collection cross-contamination and potential hours is $17,500,000 ($5,833,333.33 per Activities Associated with EPA’s Mobile failure of air conditioning systems and year). The cost for designing, Air Conditioner Retrofitting Program. recovery/recycling equipment. typesetting, printing and distributing ICR numbers: EPA ICR No. 1774.03, Burden Statement: The annual public OMB Control No. 2060–0350. reporting and recordkeeping burden for 3,000,000 labels is estimated at $0.10 ICR status: This ICR is currently this collection of information is per label to be $300,000 ($100,000 per scheduled to expire on September 30, estimated to average 5 minutes per year). Adding the labor and capital costs 2006. An Agency may not conduct or response. Burden means the total time, together yields a total cost burden of sponsor, and a person is not required to effort, or financial resources expended $17,800,000 ($5,933,333.33 per year). respond to, a collection of information, by persons to generate, maintain, retain, The Agency welcomes public unless it displays a currently valid OMB or disclose or provide information to or comment on the number of CFC–12 control number. The OMB control for a Federal agency. This includes the MACs that will undergo a retrofit, the numbers for EPA’s regulations in Title time needed to review instructions; number of MAC service technicians 40 of the CFR, after appearing in the develop, acquire, install, and utilize performing such service, the average Federal Register when approved, are technology and systems for the purposes labor rate of MAC service technicians listed in 40 CFR part 9, are displayed of collecting, validating, and verifying from 2006 to 2009 and any other either by publication in the Federal information, processing and relevant information. Register or by other appropriate means, maintaining information, and disclosing such as on the related collection and providing information; adjust the Are There Changes in the Estimates instrument or form, if applicable. The existing ways to comply with any From the Last Approval? display of OMB control numbers in previously applicable instructions and certain EPA regulations is consolidated requirements which have subsequently This estimate is the same estimate in 40 CFR part 9. changed; train personnel to be able to used in 2003. The Agency requests Abstract: EPA’s Significant New respond to a collection of information; public comment on how the number of Alternatives Policy (SNAP) program search data sources; complete and estimated total respondent burden has implements section 612 of the 1990 review the collection of information; changed since 2003. EPA expects that Clean Air Act Amendments which and transmit or otherwise disclose the there will be a smaller burden in 2006 authorized the Agency to establish information. because fewer CFC–12 mobile air regulatory requirements to insure that The ICR provides a detailed conditioners will be retrofitted. ozone depleting substances would be explanation of the Agency’s estimate. What Is the Next Step in the Process for replaced by alternatives that reduce This estimate is based on the Agency’s This ICR? overall risks to human health and the 2003 estimate. The Agency welcomes environment, and to promote an comments from the public that describe EPA will consider the comments expedited transition to safe substitutes. and document how the reporting and received and amend the ICR as To promote this transition, the Act recordkeeping burden has changed appropriate. The final ICR package will specified that EPA establish an since 2003. The 2003 estimate is information clearinghouse of available then be submitted to OMB for review summarized here: and approval pursuant to 5 CFR alternatives, and coordinate with other Estimated total number of potential 1320.12. At that time, EPA will issue Federal agencies and the public on respondents: 87,000. research, procurement practices, and Frequency of response: Once per and another Federal Register notice information and technology transfers. upon retrofit of a motor vehicle air pursuant to 5 CFR 1320.5(a)(1)(iv) to Since the program’s inception in conditioner. announce the submission of the ICR to 1994, SNAP has reviewed over 400 new Estimated total annual burden hours: OMB and the opportunity to submit chemicals and alternative 83,333 hours. additional comments to OMB. If you manufacturing processes for a wide Estimated total annual costs: have any questions about this ICR or the range of consumer, industrial, space $5,933,333, which includes $100,000 approval process, please contact the exploration, and national security annualized capital or O&M costs and technical person listed under FOR applications. Roughly 90% of $5,833,333 labor costs. FURTHER INFORMATION CONTACT.

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Dated: June 5, 2006. For those applicants who lack the Workgroup, with EPA and the National Brian J. McLean, technical capability to apply either by e- Oceanic and Atmospheric Director, Office of Atmospheric Programs. mail to [email protected] or Administration (NOAA) as co-leads, [FR Doc. E6–9316 Filed 6–14–06; 8:45 am] through http://www.grants.gov, please committed to supporting the Alliance. BILLING CODE 6560–50–P contact Esther Coblentz at (228–688– The Gulf of Mexico Program is the lead 1281) and/or [email protected] for EPA. for alternative submission methods. All The Alliance released the Governors’ ENVIRONMENTAL PROTECTION Proposals must be received by EPA or Action Plan for Healthy and Resilient AGENCY through grants.gov by the closing date Coasts on March 28, 2006. This Action and will not be accepted after that date. Plan is intended to be a dynamic [FRL–8184–2] For further information, see Section IV. starting point for effective regional Gulf of Mexico Program Office Funding Funding Opportunity Description: An collaboration and addresses specific Opportunity estimated amount of up to $3,000,000 issues and projects which will result in for between approximately ten to fifty a healthier Gulf of Mexico ecosystem AGENCY: Environmental Protection cooperative agreements may be awarded and economy with a vision toward Agency (EPA). under this announcement to eligible healthy and resilient coasts and ACTION: Notice; announcement of applicants for projects that improve the communities in the Gulf of Mexico. funding opportunity. health of the Gulf of Mexico by The Plan sets out a strategy with addressing improved water quality and eleven actions addressing specific SUMMARY: An estimated amount of public health, priority coastal habitat projects/activities that will deliver $3,000,000 for ten to fifty cooperative protection/recovery, more effective significant on-the-ground results to agreements may be awarded under this coastal environmental education, achieve the environmental outcomes of announcement to eligible applicants for improved habitat identification/ improved water quality for healthy projects that improve the health of the characterization data and decision beaches and shellfish beds; restored/ Gulf of Mexico by addressing improved support systems, and strategic nutrient protected coastal habitats; increased water quality and public health, priority reductions. Projects must actively awareness/stewardship of the Gulf of coastal habitat protection/recovery, involve stakeholders and focus on Mexico; improved management of Gulf more effective coastal environmental support and implementation of the Gulf habitats; and reduced nutrient inputs to education, improved habitat of Mexico Alliance Governors’ Action sustain productive Gulf aquatic identification/characterization data and Plan for Healthy and Resilient Coasts. ecosystems. These eleven actions are decision support systems, and strategic I. Funding Opportunity Description listed in this announcement under the nutrient reductions. Projects must following topic areas: Water Quality, involve stakeholders and focus on Background Wetland and Coastal Restoration, support and implementation of the Gulf The EPA Gulf of Mexico Program’s Environmental Education, Identification of Mexico Alliance Governors’ Action and Characterization of Gulf Habitats, Plan for Healthy and Resilient Coasts. (GMP) mission is to protect, restore, and enhance the coastal and marine waters and Reducing Nutrient Inputs. The Gulf DATES: Deadline for Submissions is 6 of the Gulf and its natural habitats; to of Mexico Program is announcing the p.m., Central Time, July 11, 2006. sustain living resources; to protect availability of funding to address the ADDRESSES: Submissions should be sent human health and the food supply; and activities in the Action Plan. For more electronically to to ensure the long-term use of the Gulf information on the Governors’ Action [email protected] or through shores, beaches, and waters. To carry Plan go to http://www.dep.state.fl.us/ with the http://www.grants.gov. out the GMP mission, we must continue gulf/plan.htm. Electronic messages must use the to develop and maintain a partnership Each of the Actions listed below subject line: GMP Proposal Submission. of State and Federal agencies, local includes a description of some of the FOR FURTHER INFORMATION CONTACT: governments, academia, regional expected outputs of projects addressing Esther Coblentz, Gulf of Mexico business and industry, agricultural and that Action and projects/activities for Program Office, at (228) 688–1281 or environmental organizations, and that Action. Applicant proposals must [email protected]. individual citizens and communities address one or more of the Actions SUPPLEMENTARY INFORMATION: that effectively addresses the complex listed under the topics below. Proposals ecological problems that cross State, may address actions under different Overview Information Federal, and international jurisdictions topic areas, and more than one action Federal Agency Name: U.S. and boundaries. may be addressed in the same proposal. Environmental Protection Agency, Gulf Project Summary Water Quality of Mexico Program Office. Funding Opportunity Title: Gulf of EPA is issuing this Request for Action 1 (Harmful Algal Blooms): Mexico Alliance Regional Partnership Proposals to strengthen and support the Establish a cooperative binational Projects. Gulf of Mexico Alliance Regional coastal observing and decision support Announcement Type: Initial Partnership. The President’s U.S. Ocean system in the Gulf of Mexico for the Announcement. Action Plan released in December 2004 advanced detection and forecasting of Funding Opportunity Number: EPA– highlighted the Gulf of Mexico Alliance, red tide (K. brevis) and for notifying GM–2006–1. a partnership formed by the five Gulf public health managers. Educate the Catalog of Federal Domestic State Governors. The President called public to help reduce the human health, Assistance (CFDA) Number: 66.475— for increased integration of resources, natural resource and economic impacts Gulf of Mexico Program http:// knowledge and expertise to make the of bloom events. www.cfda.gov. collaboration of the Gulf Alliance a Activities: Dates: The deadline for submissions success. See http:// • Conduct an investigation of is July 11, 2006, 6 p.m. CST. Proposals www.gulfofmexicoalliance.org. Thirteen advanced technologies for rapid field must be submitted by electronic mail. Federal agencies formed a Federal screening and enhanced real-time

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remote sensing, platform sensing, and • The environmental outcome to be quality data collection activities in the autonomous sensing of HABs. accomplished from each of the above Gulf region. • Conduct a study to evaluate and activities is to improve water quality to Activities: compare the multiple methods of HAB achieve healthy beaches and shellfish • Host an annual Gulf of Mexico detection technologies under beds. Forum for Environmental Monitoring to development for K. brevis against Action 2 (Bacterial Source Tracking): promote coordination of water quality microscopic identification methods. Ensure safe bathing beaches by monitoring by state, local, and federal • Conduct studies, in collaboration advancing a practical, field-ready agencies as proposed by the Governors’ standardized bacterial source tracking Action Plan. with state and Federal partners • throughout the region, to assess the method(s) to determine coastal waters Develop accountability tools and public health, natural resources, and with public health impairment and to accreditation standards for laboratories socioeconomic risks and impacts from identify the priority sources of bacterial performing analyses included in Gulf- HABs. pollution to remediate. wide monitoring databases. • Facilitate the selection of a pilot • Collaborate with existing Gulf State Activities: parameter for monitoring coordination and Gulf Alliance programs to develop • Conduct a ‘‘State of the Gulf’’ and standardization by state and federal a strategic outreach plan to inform and workshop on pathogen indicators in water quality agencies and GCOOS educate the public about HABs and recreational marine waters, (leverage possible linkage to National management actions taken to protect epidemiological correlations, and Water Quality Monitoring Council public health and to expand educational bacterial source tracking research, with regional pilot activities). and outreach methods used to inform an endpoint of selecting the site and Outputs: the public about HABs and their designing the study and the parameters • Implement a regional pilot effort to impacts. for evaluation. coordinate and standardize state and • • Serve as Project Manager to Conduct a comprehensive field federal water quality data collection facilitate actions to support the evaluation of current bacterial source activities in the Gulf region for one or expansion of Harmful Algal Blooms tracking capabilities. more nutrient parameter(s) and/or one Observing System (HABSOS) to • Conduct a workshop to evaluate the or more pathogens. Veracruz, Mexico; to initiate and field evaluation results and select two Outcome: coordinate two workshops with local, methods for use in the pilot studies; • The environmental outcome to be state, and Federal expert scientists to select the pilot study areas. accomplished from each of the above implement a curriculum and training • Pilot test the two preferred bacterial activities is to improve water quality to program for personnel in HAB field source tracking methodologies in five achieve healthy beaches and shellfish sampling and microscopic identification Gulf estuaries (with varying beds. methods and to demonstrate toxin- environmental conditions). Evaluate Wetland and Coastal and Restoration detection methods; to provide training bacterial sources responsible for the to Mexican personnel in sampling, contamination of shellfish growing Action 1 (Restoration Coordination): identification, and enumeration and waters in each of the five pilots. Convene a Gulf of Mexico Alliance guide and assist Mexican personnel in • Conduct a final workshop to Regional Restoration Coordination establishing a sampling program for evaluate the results of pilot studies and Team, where Gulf States, federal detection of K. brevis and other HAB prepare a final report. agencies and other private sector species; and to provide status reports • Train state and local personnel in partners can work together to identify and accomplishments. specific bacterial source tracking regional priority sites for conservation • Coordinate with Gulf partners and methods. Assist the states in preparing and restoration and more successfully GCOOS (Gulf Coast Ocean Observing and supporting strategies for the conserve and restore vital coastal habitat System) http://ocean.tamu.edu/GCOOS/ effective implementation of these effects and wetlands. gcoos.htm to support the expansion and Gulf-wide. Activities: • Host workshops of the Gulf of pilot of the Harmful Algal Blooms Outputs: Mexico Alliance Regional Restoration Observing System to Veracruz, Mexico, • Conduct a peer-reviewed field Coordination Team to determine Gulf- with the operation of 2 meteorological evaluation of current bacterial source wide issues, inventory current stations off the coast of Veracruz, tracking capabilities in an estuarine restoration successes, and identify Mexico, and to integrate and recreational area, and select two priority sites for restoration. standardize the efforts with those in SW methodologies for intensive field • Host a Gulf of Mexico interstate Texas and South Florida. (See http:// testing/validation. • workshop on the importance of www.epa.gov/gmpo/habpage.html). Implement pilot testing of these two freshwater inflows to maintaining Outputs: methods in five Gulf of Mexico estuaries • estuarine health including wetlands. Improve the current Harmful Algal with varying environmental conditions • Using the Gulf of Mexico Alliance Bloom (HAB) forecasting system off the (preferably one location in each Gulf Regional Restoration Coordination Southwest Florida coast to better state). Team, propose possible resolutions for identify the onset of blooms and better Outcome: Federal/state environmental compliance predict the transport of blooms. • The environmental outcome to be issues that affect habitat restoration and • Develop a satellite detection, accomplished from each of the above conservation efforts, such as essential forecasting, and internet-based activities is to improve water quality to fish habitat (EFH), Endangered Species notification capability for K. brevis off achieve healthy beaches and shellfish Act requirements, and Clean Water Act the southern coast of Texas. beds. (e.g., Total Maximum Daily Loads). • Develop a satellite detection and Action 3 (Data Collection): Maximize • Devise a strategy to streamline internet-based notification capability for the efficiency and utility of water certain Federal permitting requirements K. brevis off the coast of the Mexican quality monitoring efforts for local for wetland restoration. Gulf State of Veracruz. managers by coordinating and • Identify administrative and legal Outcome: standardizing state and federal water processes in granting agencies that may

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either facilitate or impede wetland impact vital socioeconomic aspects of information and materials via the restoration and conservation project coastal systems. Internet. planning and implementation. Outputs: Outputs: • Further develop public-private • Develop a prototype decision- • Convene a binational Gulf of partnerships, such as the Corporate support tool that allows Gulf resource Mexico Alliance Environmental Wetlands Restoration Partnership, in all managers to integrate storm surge, sea Education and Outreach Network, with five Gulf States and incentives that level rise, and subsidence information dedicated staff, to (1) coordinate support landowner conservation to for at least one pilot area on the Gulf educational and outreach activities that increase funding opportunities for Coast and the use of the tool in address Alliance priority issues, and (2) restoration. Ensure state and local determining water quality impacts. establish effective methods to governments are well-informed about • Develop a pilot Community disseminate materials and programs partnership and incentive programs. Resiliency Index for Gulf coastal throughout Gulf coastal communities. • Develop a Gulf Regional Sediment communities. • Coordinate with the existing Coastal Outcome: Ecosystem Learning Center networks as Management Master Plan to enable more • effective use of dredged material, such The environmental outcome to be they are expanded to each of the five as sand, to protect and restore important accomplished from each of the above U.S. Gulf States and the Mexican Gulf and vulnerable resources and habitats. activities is to restore/protect coastal State of Veracruz. See http:// Involve state, local, and Federal habitats and increase wetlands. www.coastalamerica.gov. • representatives in the planning process. Environmental Education Develop an environmental Outputs: education pilot program targeted Action 1 (Awareness and • Establish a Gulf of Mexico Alliance towards under-represented and under- Stewardship): Build awareness and Regional Restoration Coordination served communities in the Gulf region. stewardship ethics among Gulf citizens Team. Outcome: • by coordinating education and outreach • The environmental outcome to be Through the Restoration activities across the Gulf States to Coordination Team, hold a series of accomplished from each of the above increase access to materials and activities is to increase awareness/ meetings between Federal agencies and programs that address Gulf of Mexico Gulf States to review existing regulatory, stewardship among Gulf residents to Alliance priority issues. Translate, establish the link between the health of funding, and policy frameworks, and communicate and disseminate relevant identify mechanisms that help facilitate the Gulf and quality of life of residents. scientific data and information to the Action 2 (Environmental Awareness): or impede wetland conservation and public, including students, educators, Promote an environmentally literate restoration efforts. resource managers, local decision- citizenry who understands the relevance • Hold a workshop on importance of makers and the business community. of the Gulf of Mexico watersheds and freshwater inflows. Activities: coasts to the quality of their everyday • Expand the Corporate Wetlands • Serve as a Gulf of Mexico Alliance lives and to the economic vitality of the Restoration Partnership Network Coordinator for a term of at region and the nation. Increase • Develop a Gulf Regional Sediment least 3 years, who will serve as staff to environmental stewardship in the Management Master Plan to enable more the Network, facilitate Alliance practices and activities of Gulf coast effective use of dredged material. communications, and coordinate local governments and businesses. Outcome: regional education and outreach • Activities: The environmental outcome to be activities. • Design and conduct a strategic accomplished from each of the above • Coordinate a planning workshop of public awareness campaign that will activities is to restore/protect coastal the newly established Network at the encourage Gulf stewardship and coastal habitats and increase wetlands. Rookery Bay National Estuarine hazard identification and prevention. Action 2 (Increase Scientific Research Reserve (NERR), Naples, • Coordinate funding sources to Understanding): Increase the Gulf Florida, (http://www.rookerybay.org) to sustain the public awareness campaign States’ scientific understanding of the review priority goals, actions and in the short-term (within 36 months) implications and risks of localized sea funding needs in Gulf coast education and long-term (after 36 months). level rise, storm surge and subsidence and outreach, and build an effective Outputs: through development of tools that communications strategy for the • Develop and implement a integrate these processes, such as Alliance. The workshop will culminate comprehensive, 36-month (minimum) integrated models. in the formulation of a strategic plan public awareness campaign to promote Activities: that will guide the initial activities of stewardship messages associated with • Enhance the coast-wide network of the Network. the other four Alliance priority issues elevation benchmarks, including the Establish a Coastal Ecosystem and community hurricane preparedness. Continuously Operating Reference Learning Center (CELC) in each of the Outcome: System (CORS), to deliver subsidence five Gulf States and in one Mexican • The environmental outcome to be rates accurate to 1 millimeter per year. State that borders the Gulf. http:// accomplished from each of the above • Obtain information on projected www.coastalamerica.gov. activities is to increase awareness/ relative sea level rise, subsidence, and • Develop and host a pilot program to stewardship among Gulf residents to storm vulnerability to help prioritize engage underrepresented and establish the link between the health of conservation projects, including underserved communities in Gulf the Gulf and quality of life of residents. restoration, enhancement, and stewardship activities related to the Gulf acquisition. of Mexico Alliance strategic priorities. Identification and Characterization of • Develop and apply aquatic • Design and host a Web site to Gulf Aquatic Habitats ecosystem models to forecast the habitat support education and outreach efforts Action 1 (Identify and Assess Gulf structure and succession following of the Network, including a electronic Habitats): Identify and assess the hurricane disturbance and changes in clearinghouse to disseminate effective location, extent, variation and condition ecological functions and services that Gulf coast related educational of priority coastal, estuarine, nearshore

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and offshore Gulf habitats and establish tools for the development of nutrient • Identify and prioritize a baseline information and mapping criteria in Gulf coastal ecosystems. implementation and coordination system. The system will provide Activities: opportunities for existing Federal, state, comprehensive access to uniform, • Convene the Coordination Team and local programs in key coastal quality-assured coastal habitat and a technical conference to synthesize watersheds and communities observations in the Gulf region by the state of knowledge regarding conducting infrastructure rebuilding developing an Internet-accessible, nutrient levels and develop a plan for activities. geospatial database of local, state, and regional coordination. • Provide technical assistance to Federal data sources. • Use information gained from the interested local governments to improve Activities: Northern Gulf Estuarine Pilot Project to infrastructure planning and design. • Coordinate Federal and state identify one or more estuaries to apply • Evaluate the effectiveness of collection of information and complete the methods and lessons learned from nutrient reduction activities in key an inventory of existing habitat data and the Northern Gulf Estuarine Pilot coastal watersheds and rebuilding initiate a gap analysis. This inventory Project. Establish and implement a communities and develop techniques to will identify available data and regional communications plan. At the improve effectiveness. associated metadata. The inventory will direction of the State lead(s), facilitate • Map communities served by have both a regional and local scope and the identification of at least three advanced wastewater treatment systems will focus on mapping and restoration targeted estuaries (one in each of the to help develop strategies for projects. Products will include: (a) User northern Gulf States) for trial remediation activities. Needs Assessment; (b) Inventory of Gulf application of the lessons learned Output: of Mexico Habitat Data; and (c) through the course of this study. • Perform a study on nutrient Assessment of Priority Gulf of Mexico • Identify and coordinate federal, prevention and reduction activities in Habitat Data Needs. state, and local monitoring efforts and Gulf communities improving or • Establish the Federal Data data management systems to support rebuilding infrastructure. Management Group (FDMG), a team to development of nutrient criteria. Outcome: work with state, local, and Federal • Present a comprehensive • The environmental outcome to be entities to identify specific requirements assessment of Gulf nutrient monitoring accomplished from each of the above for a regional data management platform program needs to the National Water activities is to reduce nutrients in Gulf and portal. Quality Design Team. waters to achieve healthy and resilient • Establish a standard metadata • Inventory modeling needs to deal coastal ecosystems. format to streamline metadata with nutrient issues under permitting, Action 3 (Hypoxia): Coordinate among development and maintenance at the TMDL development, and nutrient the Gulf States to develop a unified state, local, and Federal level. criteria development. position shared by all Gulf States to • Establish a data management • Develop a library/database of advocate actions—by all 31 states in the platform and portal that will provide marine and estuarine species for site Mississippi River Watershed—to reduce access and delivery of existing state, specific D.O. criteria development. Gulf hypoxia. local, and Federal data. Output: Activities: • Provide training on data • Establish a Gulf of Mexico Alliance • Assist in the completion of a management equipment to Gulf state Nutrient Criteria Coordination Team of comprehensive assessment of the Gulf agencies. state and federal representatives to meet Hypoxia Action Plan. • Provide GIS and metadata training the needs of the Gulf States through • Provide Gulf States information on to state and local resource managers in improved coordination among existing point and non-point source pollution in the five Gulf States. local, state, regional, and national the Mississippi River Basin and the Output: nutrient reduction programs. ecological and economic impacts of the • Produce a prototype Web portal to Outcome: Gulf of Mexico Hypoxic Zone on natural provide public access to and delivery of • The environmental outcome to be resources such as fish and shellfish. current and historic state, Federal, and accomplished from each of the above • Establish effective Mississippi River local Gulf of Mexico habitat data, with activities is to reduce nutrients in Gulf Basin-wide agricultural partnerships to the initial focus on sea grass beds. Users waters to achieve healthy and resilient better facilitate strategic voluntary will be able to search a digital library for coastal ecosystems. nutrient reductions. habitat information by keyword or Action 2 (Nutrient Prevention and Output: geographic location, preview geospatial Reduction): During recovery and • Develop and represent a consistent data, and download selected data rebuilding efforts in the Gulf region, five Gulf State position on the need to products. The portal will also apply innovative practices and reduce Gulf hypoxia, in venues such as demonstrate the feasibility of building a technologies to restore fishing and the Mississippi River/Gulf of Mexico distributed system that will enable users recreational uses in key coastal Watershed Nutrient Task Force. to request and retrieve data directly watersheds impaired by excessive Outcome: from the agencies holding the original nutrient inputs. • The environmental outcome to be data. Activities: accomplished from each of the above Outcome: • Identify key coastal watersheds activities is to reduce nutrients in Gulf • The environmental outcome to be with significant nutrient impacts, waters to achieve healthy and resilient accomplished from each of the above sensitive waters, and a high likelihood coastal ecosystems and reduce the size activities is to sustain the quality of Gulf of successful restoration of fishing and of the hypoxic zone. habitats. recreational uses. • Identify communities conducting Alignment to EPA’s Strategic Plan Reducing Nutrient Inputs infrastructure rebuilding activities Successful proposals must have clear Action 1 (Nutrient Criteria): Establish where nutrient reduction can be and measurable environmental results a regional coordination venue to achieved through improved directly related to EPA’s Strategic Plan. coordinate knowledge, resources and infrastructure planning and design. Awards resulting from this

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announcement must relate to Goal 4: biological, and radiological integrity of verification of their nonprofit status Healthy Communities and Ecosystems— water. prior to the grant award. Protect, sustain or restore the health of II. Award Information Threshold Eligibility Criteria people, communities, and ecosystems using integrated and comprehensive Funding Amounts and Number of Applicant proposals must meet all of approaches and partnerships; Objective Awards the following threshold eligibility 4.3: Ecosystems—Protect, sustain, and criteria by the time of proposal Under this funding opportunity, EPA restore the health of critical natural submission. Proposals that fail to meet expects to award an estimated habitats and ecosystems; and all of these criteria will not be $3,000,000 depending on availability of Subobjective 4.3.5: Improve the Health considered for funding. Applicants funds and the evaluation and quality of of the Gulf of Mexico. For more deemed ineligible for funding proposals. An estimated ten to fifty information on EPA’s Strategic Plan go consideration as a result of the projects are expected to be awarded. to: http://epa.gov/ocfopage/plan/ threshold eligibility review will be plan.htm. EPA reserves the right to make no notified within 15 calendar days of the awards under this announcement or ineligibility determination. Measuring Environmental Results make fewer than anticipated. EPA also 1. Proposed projects must be reserves the right to offer partial funding Pursuant to EPA Order 5700.7, consistent with the Clean Water Act of a proposal by funding discrete ‘‘Environmental Results under EPA section 104(b)(3) authority. All activities, portions, or phases of the Assistance Agreements,’’ EPA requires proposals submitted will be reviewed proposed project. If EPA decides to that all grant recipients adequately for eligibility under section 104(b)(3) of partially fund the proposed project, it address environmental outputs and the Clean Water Act (CWA). Water will do so in a manner that does not outcomes. Outputs and outcomes differ Quality Cooperative Agreements are prejudice any applicants or affect the both in their nature and in how they are authorized under this statutory basis upon which the proposed project, measured. Applicants must discuss authority to conduct and promote the or portion thereof, was evaluated and environmental outputs and outcomes in coordination and acceleration of selected, and that maintains the their proposed workplan. research, investigations, experiments, integrity of the competition and the 1. Outputs: The term ‘‘output’’ means training, demonstrations, surveys, and selection/evaluation process. an environmental activity, effort, and/or studies relating to the causes, effects, associated work products related to an EPA reserves the right to make extent, prevention, reduction, and environmental goal and objective, that additional awards under this elimination of pollution. The term will be produced or provided over a announcement consistent with Agency ‘‘pollution’’ means the man-made or period of time or by a specified date. policy, if additional funding becomes man-induced alteration of the chemical, Outputs may be quantitative or available. Any additional selections for physical, biological, and radiological qualitative but must be measurable awards will be made no later than 4 integrity of water. Projects that during an assistance agreement funding months after the original selection implement ‘‘Best Management period. decisions. Practices’’ or any type of construction Expected outputs from the projects The period of performance for awards activities must qualify as a funded under this announcement are under this announcement is from 0.5 demonstration project under CWA listed with each of the Actions years to three years. section 104(b)(3). A demonstration identified above. Type of Award project must involve new or 2. Outcomes: The term ‘‘outcome’’ experimental technologies, methods, or Successful applicants will be issued a means the result, effect or consequence approaches, where the results of the cooperative agreement. Cooperative that will occur from carrying out an project will be disseminated so that agreements require substantial EPA environmental program or activity that others can benefit from the knowledge involvement with the recipient in the is related to an environmental or gained in the demonstration project. A form of programmatic oversight and programmatic goal or objective. project that is accomplished through the review and comment on all agreement Outcomes may be environmental, performance of routine, traditional, or activities and products. When a behavioral, health-related or established practices, or a project that is cooperative agreement is awarded, programmatic in nature, but must be simply intended to carry out a task EPA’s involvement in carrying out the quantitative. They may not necessarily rather than transfer information or work with the applicant will be be achievable within an assistance advance the state of knowledge is not a described in a selection letter and agreement funding period. demonstration. identified in the terms and conditions of 2. Ineligible Activities: Applicants Statutory Authority the award document. In general, must adhere closely to the types of cooperative agreements awarded will be All proposals submitted will be projects authorized for funding under one-time awards and recipients should reviewed for eligibility under section CWA § 104(b)(3) in developing use the funds within the period of 104(b)(3) of the Clean Water Act. proposals. Unauthorized project types performance (from 0.5 years to three Assistance Agreements are authorized will be disqualified. Types of projects years). under this statutory authority to that are ineligible for funding are conduct and promote the coordination III. Eligibility Information routine construction projects, except to and acceleration of research, a limited degree to demonstrate Eligible Applicants investigations, experiments, training, innovation, prevention, or removal of demonstrations, surveys, and studies State and local governments, pollution; land acquisition; or projects relating to the causes, effects, extent, interstate agencies, tribes, colleges and that are largely general education/ prevention, reduction, and elimination universities, individuals, and other outreach or conferences unless they of pollution. The term ‘‘pollution’’ public or nonprofit organizations. EPA meet a clear need to accomplish a means the man-made or man-induced will require nonprofit organizations public purpose and are not for the direct alteration of the chemical, physical, selected for funding to provide benefit of EPA.

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3. Proposals must address one or more • Use an e-mail return receipt for To begin the application process, go of the Actions identified in Section I or verification of receipt if you want to to http://www.Grants.Gov and click on they will be rejected. Proposals may confirm delivery. ‘‘Apply for Grants.’’ Following the address actions under different topic online instructions, download PureEdge C. Proposal Submission Instructions areas, and more than one action may be Viewer software and enter the Funding addressed in the same proposal. Applicants are encouraged to apply Opportunity Number, EPA–-GM–2006– 4. Proposals must substantially electronically via e-mail or online using 1, in the space provided to retrieve the comply with the proposal submission the Grants.gov Web site with an application package. Then complete and instructions and requirements set forth electronic signature—please only use submit the application package as in Section IV of this announcement or one method. For those applicants who indicated. You may also be able to they will be rejected. lack the technical capability to apply access the application package by In addition, proposals must be either by e-mail or through Grants.gov, clicking on the button ‘‘How To Apply’’ received by EPA or through please contact Esther Coblentz (228– at the top right of the synopsis page for http://www.grants.gov on or before the 688–1281) and/or this announcement on http:// solicitation closing date published in [email protected] for alternative www.grants.gov (to find the synopsis Section IV of this announcement. submission methods. page go to http://www.grants.gov and Proposals received after the published click on the ‘‘Find Grant Opportunities’’ 1. Instructions for E-Mail Submissions closing date will be returned to the button on the top of the page and then sender without further consideration. Proposals must be e-mailed to to go EPA opportunities). Matching Requirements [email protected]. The title of the Be sure to download and read the e-mail should read ‘‘GMP Proposal instructions and the application There is no matching requirement; Submission’’. The proposal should be package at the Grants.Gov Web site. however, the extent of partnerships and one attached file prepared as described Proposal Submission Deadline: Your leveraged funding will be considered by in Section IV.E. Please do not zip the organization’s AOR must submit your reviewers during the evaluation process. attached file—it will not be accepted. If complete proposal electronically to EPA (See Section V). through Grants.gov (http:// Matching funds are considered to be you do not receive an email confirmation within five business days, www.grants.gov) no later than (insert cooperative agreement funds and may date). be used for reasonable and necessary please call Esther Coblentz at 228–688– 1281. Proposal Materials. expenses of carrying out the project The following forms and documents described in the Final Project Workplan. 2. Instructions for Submissions Using are required to be submitted by Any restrictions on the use of grant Grants.Gov applicants using grants.gov under this funds, including project budget periods, announcement: also apply to the use of matching funds. With Grants.Gov, you will be able to submit your entire proposal package on I. Standard Form (SF) 424, All project expenditures, including both Application for Federal Assistance. the Federal and nonfederal share, are line with no hard copy or computer disks. Please be sure to view the Complete the form. There are no subject to Federal regulations governing attachments. Please be sure to include the use of Federal funds. Other Federal additional instructions that are available for download on Grants.gov for this organization fax number and email money cannot be used as match unless address in Block 5 of the Standard Form authorized by the statute governing the announcement and which are included below. If you have any technical SF 424. award of the other Federal funds. Please note that the organizational Reductions to the amount of the match difficulties while applying electronically, please refer to http:// Dun and Bradstreet (D&B) Data after a proposal is selected for funding Universal Number System (DUNS) may result in loss of funding. www.grants.gov/CustomerSupport or call the toll free Contact Center at 1– number must be included on the SF– IV. Application and Submission 800–518–4726 or Esther Coblentz at 424. Organizations may obtain a DUNS Information 228–688–1281 or number at no cost by calling the toll-free [email protected]. DUNS number request line at 1–866– A. Content and Format of Project 705–5711. Proposals If you wish to apply electronically via II. Proposal Workplan. Grants.gov, the electronic submission of • Follow the proposal format and Prepare as described in Section IV. E. your proposal package must be made by of this announcement. instructions provided below. an official representative of your • Use only Microsoft Word or Adobe The proposal workplan must be institution who is registered with Acrobat for electronic submissions. readable in PDF or MS Word for Grants.gov and authorized to sign • Use only one method to submit Windows and consolidated into a single applications for Federal assistance. For your proposal. file. more information, go to http:// Examples from Previous Years. Submission Instructions When developing project www.grants.gov and click on ‘‘Get submissions, you may look at types of Started,’’ and then click on ‘‘For AORs’’ Documents I and II listed under successful projects from previous years, (Authorized Organization Proposal Materials above should appear available at http://www.epa.gov/gmpo. Representative) on the left side of the in the ‘‘Mandatory Documents’’ box on page. the Grants.gov Grant Application B. Submission Dates and Times Note that the registration process may Package page. For document I, click on • Regardless of mode of submission, take a week or longer to complete. If the appropriate form and then click proposal packages must be received by your organization is not currently ‘‘Open Form’’ below the box. The fields EPA at [email protected] or registered with Grants.gov, please that must be completed will be through http://www.grants.gov by encourage your office to designate an highlighted in yellow. Optional fields July 11, 2006, 6 p.m. CST. Proposals AOR and ask that individual to begin and completed fields will be displayed received after this time will be the registration process as soon as in white. If you enter an invalid disqualified. possible. response or incomplete information in a

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field, you will receive an error message. programs before attempting to submit Numbering System (DUNS) number. When you have finished filling out each the application package through Some organizations may have more than form, click ‘‘Save.’’ When you return to Grants.gov. one DUNS number registered. Only one the electronic Grant Application In the ‘‘Application Filing Name’’ can be certified. This can lead to Package page, click on the form you just box, your AOR should enter your unanticipated delays. completed, and then click on the box organization’s name (abbreviate where 2. Central Contractor Registry and that says, ‘‘Move Form to Submission possible), the fiscal year (e.g., FY 06), Credential Provider Registration. Once List.’’ This action will move the and the grant category (e.g., Assoc Prog you have your unique, approved DUNS document over to the box that says, Supp). The filing name should not number, you need to register with the ‘‘Mandatory Completed Documents for exceed 40 characters. From the ‘‘Grant Central Contractor Registry. Submission.’’ Application Package’’ page, your AOR 3. Grants.Gov Electronic Signature For document II, you will need to may submit the application package by Authorization. Once steps A and B are attach electronic files. Prepare your clicking the ‘‘Submit’’ button that complete, you will then need to contact proposal workplan as described in appears at the top of the page. The AOR Grants.Gov. The Authorized Section IV.E. of the announcement and will then be asked to verify the agency Organization Representative (AOR) will save the document to your computer as and funding opportunity number for be assigned a password that will enable an MS Word or PDF file. When you are which the application package is being him or her to sign the Grants.Gov ready to attach your proposal workplan submitted. If problems are encountered applications electronically. The AOR to the application package, click on during the submission process, the AOR must be an individual who is able to ‘‘Project Narrative Attachment Form,’’ should reboot his/her computer before make legally binding commitments for and open the form. Click ‘‘Add trying to submit the application package the applicant organization. Mandatory Project Narrative File,’’ and again. [It may be necessary to turn off Organizations may designate more than then attach it (previously saved to your the computer (not just restart it) before one AOR. computer) using the browse window attempting to submit the package again.] Be sure to download and read the that appears. You may then click ‘‘View If the AOR continues to experience instructions and the application at the Mandatory Project Narrative File’’ to submission problems, he/she may Grants.Gov Web site. view it. Enter a brief descriptive title of contact Grants.gov for assistance by your project in the space beside phone at 1–800–518–4726 or e-mail at D. DUNS Number ‘‘Mandatory Project Narrative File [email protected] or contact Esther All applicants applying for funding, Filename;’’ the filename should be no Coblentz at (228) 688–1281 and/or e- including renewal funding, must have a more than 40 characters long. If there mail at [email protected]. Dun and Bradstreet Universal Data are other attachments that you would Application packages submitted thru Numbering System (DUNS) number. like to submit to accompany your grants.gov will be time/date stamped Applicants who do not already have a proposal, you may click ‘‘Add Optional electronically. If you have not received DUNS number may find instructions for Project Narrative File’’ and proceed as a confirmation of receipt from EPA (not obtaining one at the following Web site: before. When you have finished from [email protected]) within 30 days http://www.Grants.Gov/GetStarted. A attaching the necessary documents, of the application deadline, please send DUNS number may also be obtained by click ‘‘Close Form.’’ When you return to an e-mail to [email protected]. calling 1–866–705–5711. the ‘‘Grant Application Package’’ page, Failure to do so may result in your Confidentiality select the ‘‘Project Narrative Attachment application not being reviewed. Form’’ and click ‘‘Move Form to If you have never used Grants.Gov In accordance with 40 CFR 2.203, Submission List.’’ The form should now before, here are some tips. Most applicants may claim all or a portion of appear in the box that says, ‘‘Mandatory organizations have found Grants.Gov to their application/proposal as Completed Documents for Submission.’’ be a user friendly system. The most confidential business information. EPA Once you have finished filling out all frequent concern has occurred when an will evaluate confidentiality claims in of the forms/attachments and they organization has delayed obtaining the accordance with 40 CFR part 2. appear in one of the ‘‘Completed unique electronic signature to the last Applicants must clearly mark Documents for Submission’’ boxes, click minute. applications/proposals or portions of the ‘‘Save’’ button that appears at the Register for your electronic signature applications/proposals they claim as top of the Web page. It is suggested that early! An electronic signature requires confidential. If no claim of you save the document a second time, three levels of authorization before you confidentiality is made, EPA is not using a different name, since this will can submit on line. You need to decide required to make the inquiry to the make it easier to submit an amended who will be the AOR, the caretaker of applicant otherwise required by 40 CFR package later if necessary. Please use the the electronic signature for your 2.204(c)(2) prior to disclosure. following format when saving your file: organization. At a university the Chief Other Considerations ‘‘Applicant Name—FY 06—Assoc Prog Grant Official generally signs all of the Supp—1st Submission’’ or ‘‘Applicant electronic grants for the entire The funds associated with this Name—FY 06 Assoc Prog Supp—Back- institution. If all goes well, this process announcement require Executive Order up Submission.’’ If it becomes necessary takes about a week, but some (E.O.) 12372, Intergovernmental Review to submit an amended package at a later organizations have encountered internal of Federal Programs, review. E.O. 12372 date, then the name of the 2nd and external delays; therefore the structures the Federal government’s submission should be changed to registration process can take longer. system of consultation with states and ‘‘Applicant Name—FY 06 Assoc Prog Remember, you cannot submit your local governments on its decisions Supp—2nd Submission.’’ application online until your involving grants, other forms of Once your application package has organization has e-authentication financial assistance, and direct been completed and saved, send it to credentials. Here are the basic steps: development. Under E.O. 12372, states, your AOR for submission to U.S. EPA 1. Obtain a Certified DUNS Number. in consultation with their local through Grants.gov. Please advise your You must first have a certified, unique governments, design their own review AOR to close all other software Dun and Bradstreet Universal Data process and select the Federal financial

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assistance and direct development categories: Water Quality, Wetland and applicants under these factors in activities they wish to review. If Coastal Restoration, Environmental Section V, EPA will consider the selected for funding, the recipient of the Education, Identification and information provided by the applicant Federal assistance agreement will be Characterization of Gulf Habitats, and and may also consider relevant required to send a copy of their Reducing Nutrient Inputs. These information from other sources, application and proposal to the projects/activities will be considered for including information from EPA files appropriate State Clearinghouse Office funding. Projects must actively involve and from current and prior Federal for an intergovernmental review, if stakeholders and focus on long-term agency grantors (e.g., to verify and/or applicable. (See: http:// partnership goals, integration of supplement the information provided www.whitehouse.gov/omb/grants/ resources, knowledge and expertise. by the applicant). If you do not have any spoc.html). Proposed Work: Describe what will be relevant or available past performance done and how. Many of the criteria in or reporting information, please indicate E. Proposal/Workplan Format Section V should be addressed here. this in the proposal and you will receive The proposal/workplan should Environmental Results: Describe a neutral score for these factors under include the following information: anticipated environmental outputs and Section V. outcomes and their linkages to the Applicant Information In addition, provide information on problem statement. (See Outcomes/ your organizational experience and plan Applicant Information: Business Outputs described in Section 1 and for timely and successfully achieving Mailing and Contact information, Environmental Results Order 5700.7 at: the objectives of the proposed project, including email address. DUNS number http://www.epa.gov/ogd/grants/award/ and your staff expertise/qualifications, if Applicant Organization has one. 5700.7.pdf). Specify affected pollutants, staff knowledge, and resources or the Type of Organization: State or local industry sectors, economic impacts, ability to obtain them, to successfully government, interstate agency, tribe, habitats, and/or species as applicable for achieve the goals of the proposed college or university, individual, or the topic, and proposed progress toward project. other public or nonprofit organizations. delisting, toward restoration of Tracking and Measuring beneficial use impairments, toward Project Summary Information Environmental Results: Describe your reducing nitrogen loading, etc. plan for tracking, measuring, and Project Title. Environmental Results Past reporting progress toward achieving the Project Manager: Identify who will Performance: Submit a list of federally expected project outputs and outcomes, serve as the principal party responsible funded assistance agreements that your including those identified in Section I. for accomplishing the activities. organization performed within the last The applicant must describe the ability Topic: Identify the Actions/Activities three years (no more than 5, and to specify and measure the expected described in Section I of the preferably EPA agreements) and environmental outcomes/outputs and announcement that the proposed project describe how you documented and/or performance measures to be will address. reported on whether you were making accomplished as a result of the project. Brief Project Description: Summarize progress towards achieving the expected See Environmental Results Order 5700.7 the project. Do not use acronyms. results (e.g., outputs and outcomes) at http://www.epa.gov/ogd/grants/ Total Project Cost: Specify total under those agreements. If you were not award/5700.7.pdf. amount requested from EPA, as well as making progress, please indicate any resources or funding from any other whether, and how, you documented Project Milestones sources that are contributing support. why not. In evaluating applicants under Milestones: Specify milestones and/or Duration: Specify project period of this factor in Section V, EPA will final products and projected due dates, performance, from 0.5 years up to 3 consider the information provided b y including Project Start and End. years. the applicant and may also consider other relevant information from other Education Geographic Applicability sources, including information from Education/Outreach Component: Applicable Geographic Location: If EPA files and from current and prior Identify whether project includes an applicable, geographic locations which Federal agency grantors (e.g., to verify education/outreach component. If would be most impacted by this project, and/or supplement the information applicable, describe the target audience include the Hydrologic Unit Code provided by the applicant). If you have and how that group would be impacted (HUC) for the Project location. HUCs no relevant or available past by the project. can be found on EPA’s Surf Your performance reporting history, please Watershed Web site at http:// indicate this in the proposal, and you Collaboration www.epa.gov/surf/locate/index.cfm. will receive a neutral score for this Collaboration/Partnerships: Describe Project Location: As applicable, enter factor under Section V. plans and status of collaboration and City, County, and State(s). Programmatic Capability: Submit a partnerships amongst the public, list of federally funded assistance private, and independent sectors. Problem, Work, Results agreements similar in size, scope and Problem Statement: Describe the issue relevance to the proposed project that Project Budget that will be addressed and its relevance your organization performed within the Budget: Specify how the total of EPA to the Gulf of Mexico, particularly to the last three years (no more than 5, and funds and Applicant funds will be used needs and priorities in the Gulf of preferably EPA agreements) and for the following: personnel/salaries, Mexico Alliance Governors’ Action Plan describe (i) whether, and how, you were fringe benefits, travel, equipment, and EPA’s Strategic Plan, Sub-objective able to successfully complete and supplies, contract costs, and other costs. 4.3.5 (Improve the Health of the Gulf of manage those agreements and (ii) your Include narrative descriptions for costs Mexico Ecosystem). Describe how the history of meeting the reporting you identify as ‘‘contract’’ or ‘‘other’’. project will address one or more of the requirements under those agreements You may include a separate line for activities that are listed under the 11 including submitting acceptable final indirect costs if your organization has in Actions under the priority topic technical reports. In evaluating place (or will negotiate) an ‘‘indirect

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cost rate.’’ Budget should represent the following factors: (i) Its past outcomes including those identified in project total and the total which would performance in successfully completing Section I will be measured and tracked. be requested from EPA for the project’s and managing federally funded 6. Budget (10 points) duration. Funding is not assured for assistance agreements similar in size, subsequent years for any project. scope, and relevance to the proposed The reasonableness and project performed within the last 3 appropriateness of the proposed budget Leveraging Funding years, (ii) its history of meeting for the level of work proposed and with Other Funding: If others are expected reporting requirements under federally the expected benefits to be achieved. to contribute funds to your Project, list funded assistance agreements similar in 7. Collaboration/Partnerships: (15 Name(s) of providers, amount provided, size, scope, and relevance to the points) and commitments made by each. proposed project performed within the Describe how the applicant will obtain last 3 years and submitting acceptable The quality of proposed partnerships, the leveraged resources and what role final technical reports under those including the degree of broad EPA funding will play in the overall agreements, (iii) its organizational participation within the network of Gulf project. experience and plan for timely and of Mexico programs, organizations, State and Federal agencies and workgroups, Other Information successfully achieving the objectives of the proposed project, and (iv) its staff etc., and demonstration of significant To the extent not otherwise addressed expertise/qualifications, staff partnering that results in outreach and above, include information addressing knowledge, and resources or the ability education. Applications will also be the threshold eligibility criteria in to obtain them, to successfully achieve evaluated on whether they provide a Section III and ranking criteria in the goals of the proposed project. partnership with a focused and effective Section V. education and outreach strategy Note: In evaluating applicants under this V. Application Review Information regarding the long-term commitment to criterion, the Agency will consider the the proposed objectives of the Action Criteria information provided by the applicant and Plan. may also consider relevant information from Each eligible proposal that meets all other sources including agency files and 8. Leveraged Resources: (10 points) of the threshold eligibility criteria in prior/current grantors (e.g., to verify and/or Section III will be evaluated according supplement the information supplied by the Under this criteria, applicants will be to the criteria set forth below. applicant). Applicants with no relevant or evaluated based on the extent they Applicants should directly and available past performance or reporting demonstrate (i) how they will explicitly address these criteria as part history (items i and ii above), will receive a coordinate the use of EPA funding with of their proposal submittal. Each neutral score for those elements of this other Federal and/or non Federal criterion. proposal will be rated under a points sources of funds to leverage additional resources to carry out the proposed system with a total of 100 points 4. Environmental Results Past possible. project(s) and/or (ii) that EPA funding Performance: (10 points) will compliment activities relevant to 1. Relevance/Rationale: (15 points) Applicants will be evaluated based on the proposed project(s) carried out by a. Importance and/or relevance and the extent and quality to which they the applicant with other sources of applicability of the proposed approach adequately documented and/or reported funds or resources. Applicants may use to the Gulf of Mexico Alliance on their progress towards achieving the their own funds or other resources for Governors’ Action Plan and the level of expected results (e.g., outcomes and a voluntary match or cost share if the support for long-term goals and outputs) under Federal agency standards at 40 CFR 30.23 or 40 CFR implementation actions. (5 points). assistance agreements performed within 31.24, as applicable, are met. Only b. Whether there is intrinsic value in the last three years, and if such progress eligible and allowable costs may be used the proposed work and/or relevance to was not being made whether the for matches or cost shares. Other the Governors’ Action Plan and applicant adequately documented and/ Federal grants may not be used as activities. (5 points). or reported why not. matches or cost shares without specific c. Likelihood that the approach statutory authority (e.g. HUD’s proposed will make substantial progress Note: In evaluating applicants under this Community Development Block Grants). toward strategies leading to improving factor, EPA will consider the information Review and Selection Process the health of the Gulf of Mexico and provided by the applicant and may also achieving one or more of the consider relevant information from other The evaluation and selection process environmental outcomes as identified in sources including agency files and prior/ will include the following steps: current grantors (e.g., to verify and/or the announcement. (5 points). supplement the information supplied by the Steps applicant). Applicants with no relevant or 2. Scientific/Professional Merit: (15 1. Screening for threshold eligibility points) available past performance reporting history will receive a neutral score for this factor. by the Gulf of Mexico Program Office. Extent to which the proposed 2. Review and score eligible proposals approach is technically sound and/or 5. Environmental Results—Measurable against the Section V criteria innovative; whether the proposed or Quantifiable Outputs and Outcomes: (Reviewers/Panel) methods, approaches, and concepts are (10 points) 3. Panel to rank all eligible proposals appropriate and; whether there are clear according to total score. goals and objectives. Includes the degree to which the 4. Panel identifies proposals for applicant has provided an evaluative funding consideration based on the 3. Programmatic Capability: (15 points) component to the project as requested in review. Under this criterion, applicants will Section I, Measuring Environmental 5. The Approval Official makes the be evaluated based on their ability to Results, in addition to how the final funding recommendations based successfully complete and manage the applicant’s progress and success in on the review panel rankings and may proposed project taking into account the achieving the project outputs and also consider project diversity and

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programmatic balance/priorities in in applicable OMB circulars on Cost However, EPA will respond to questions making the recommendations. Principles (A–21, A–87, or A–122), in writing from individual applicants 6. Announce selections. Administrative Requirements (A–102 or regarding threshold eligibility criteria, 7. Contact selected applicants and 110), and Audit Requirements (A–133) administrative issues related to the request a completed grant application available from http:// submission of the proposal, and and final workplan. www.whitehouse.gov/omb/grants/. This requests for clarification about the 8. Final Applications/Workplans includes government-wide requirements announcement. reviewed and submitted for Funding pertaining to accounting standards, Award. lobbying, minority or woman business VIII. Other information EPA employees as well as GMP enterprise, publication, meetings, Funding amounts are estimates of the reviewers and/or panel members who construction, and disposition of maximum amount expected to be intend to serve as reviewers and score property. EPA regulations governing available for FY 2006–2007, based on project proposals will be required to assistance programs and recipients are our best available information. These sign a Conflict of Interest Disclosure codified in Title 40 of the Code of amounts are subject to change without Form and will not be able to serve as a Federal Regulations. Those further notification, based on the reviewer if they have a personal, requirements, GMPO-specific amount of federal funds actually familial, or financial or any other type requirements currently in effect, and the appropriated and allocated for these of conflict of interest with any applicant application materials that will be programs. that cannot be mitigated. If an needed by applicants ultimately Although an Application for Federal individual has a conflict of interest with selected in this process can be found at Assistance (Standard Form 424 and respect to a proposal, then they cannot http://www.epa.gov/gmpo. The attachments) is not required when the review any proposals under this successful Federal applicant will be proposal is submitted, we encourage competition. required to comply with the OMB you to review our grant application The Director of the Gulf of Mexico Circular and appropriate sections of package at http://www.epa.gov/gmpo to Program is the Approval Official who Title 40 of the Code of Federal become familiar with the information will make the final selection Regulations determined applicable by and certifications that will be required recommendations. GMPO. This determination will be if your proposal is selected for funding. embodied in the terms and conditions of Anticipated Announcement Date Dated: June 8, 2006. an interagency agreement. GMPO will post a list of all proposals Gloria D. Car, selected for funding on or about August Dispute Resolution Process Deputy Director, Gulf of Mexico Program 31, 2006. The list will be posted at the Assistance agreement competition- Office. following site: http://www.epa.gov/ related disputes involving any [FR Doc. E6–9362 Filed 6–14–06; 8:45 am] gmpo. All applicants, including those applicant, including Federal applicants, BILLING CODE 6560–50–P who are not selected for funding will be will be resolved in accordance with the notified within 15 days by e-mail and dispute resolution procedures published postal mail. in 70 FR (Federal Register) 3629, 3630 ENVIRONMENTAL PROTECTION AGENCY VI. Award Administration Information (January 26, 2005) which can be found at http://a257.g.akamaitech.net/7/257/ Award Notices 2422/01jan20051800/ [EPA–HQ–OPPT–2006–0344; FRL–8060–1] EPA has 60 days to issue an award edocket.access.gpo.gov/2005/05- following receipt of the complete, 1371.htm. Copies of these procedures Pollution Prevention Information fundable Application Package. Final may also be requested by contacting Network Grants; Request for funding decisions are based upon the [email protected]. Applications Application Packages. Other Requirements AGENCY: Environmental Protection Pre-award Review for Administrative Please note that this is not a complete Agency (EPA). Capability list of all regulations and policies that ACTION: Notice. Non-profit applicants that are govern these funds. Our Grants SUMMARY: Under the authority of the recommended for funding will be Management Office Web site at http:// Pollution Prevention Act of 1990, EPA subject to pre-award administrative www.epa.gov/region4/grants/ anticipates that approximately $700,000 capability reviews consistent with regulations.html identifies other grant will be available to support grants to paragraphs 8.b, 8.c, and 9.d of EPA regulations that apply. States in Fiscal Year (FY) 2006 for Order 5700.8 http://www.epa.gov/ogd/ VII. Agency Contact programs to promote the use of grants/award/5700_8.pdf and may be successful pollution prevention required to fill out an ‘‘Administrative FOR FURTHER INFORMATION CONTACT: techniques by businesses and technical Capability’’ form. Esther Coblentz, In accordance with Executive Order [email protected], Phone: 228– assistance providers. This grant program 12579, organizations that have been 688–1281. seeks to increase access to pollution debarred or suspended from a program In accordance with EPA’s Assistance prevention information and ensure this by any federal agency will not be Agreement Competition Policy (EPA information is available to all facilities, eligible to receive an award or subaward Order 5700.5A1), EPA staff will not businesses, or technical assistance through this solicitation. meet with individual applicants to providers. Federal funds must be discuss draft proposals, provide matched dollar for dollar in this grant Administrative and Reporting informal comments on draft proposals, program. The maximum cost of an Requirements or provide advice to applicants on how application is $240,000 with $120,000 The successful applicant will be to respond to ranking criteria. from Federal funding. required to adhere to the Federal grants Applicants are responsible for the DATES: Applications must be received requirements, particularly those found contents of their applications/proposals. on or before July 31, 2006.

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FOR FURTHER INFORMATION CONTACT: Beth • Dates: Applications must be —Section 1 has been relabeled ‘‘General Anderson, Pollution Prevention received on or before July 31, 2006. Questions’’ instead of ‘‘Financing Division (7409M), Office of Pollution The full text of the grant Type Requested’’. Prevention and Toxics, Environmental announcement, along with detailed —Requests for Special Coverages have Protection Agency, 1200 Pennsylvania information, is available on the been moved up in front of the Ave., NW., Washington, DC 20460– Agency’s Web site at http:// Participants section. 0001; telephone number: (202) 564– www.epa.gov/opptintr/p2home/grants/ • Information about a new 8833; fax number: (202) 564–8899; e- index.htm. The full text of the grant participant, the agent, is now requested. mail address: [email protected]. announcement includes specific Gathering this information helps Ex-Im SUPPLEMENTARY INFORMATION: information regarding purpose and Bank evaluate the creditworthiness of scope, activities to be funded, eligibility the transaction. I. General Information requirements, application and • Legal certifications have been A. Does This Action Apply to Me? submission information, and updated. application review information. This action is directed to States, State Additional changes since we published the form in the Federal entities (colleges and universities), List of Subjects Tribes, and Intertribal Consortia. This Register on April 7, 2006: Environmental protection, Grant • Section 8 D. ‘‘Commitment Fee/ notice may, however, be of interest to programs-environmental protection, Facility Fee Agreement (Guarantees and local governments, private universities, Pollution prevention. Credit Guarantee Facilities only)’’ has private nonprofit entities, private been added. This section was omitted in businesses, and individuals who are not Dated: June 7, 2006. error from the previous submission but eligible for this grant program. If you Susan B. Hazen, is currently asked on the existing have any questions regarding the Acting Assistant Administrator, Office of version of the medium-term application applicability of this action to a Prevention, Pesticides and Toxic Substances. form currently approved by OMB and particular entity, consult the person [FR Doc. E6–9361 Filed 6–14–06; 8:45 am] posted on Ex-Im Bank’s Web site. It does listed under FOR FURTHER INFORMATION BILLING CODE 6560–50–S not represent a new question for CONTACT. customers. B. How Can I Get Copies of This • Attachment VI, Form of Fee letter Document and Other Related EXPORT-IMPORT BANK has been added. This attachment Information? [Public Notice 88] provides a template fee letter that needs 1. Docket. EPA has established a to be filled out and signed by the docket for this action under docket Agency Information Collection borrower in the following identification (ID) number EPA–HQ– Activities: Submission for OMB circumstances: OPPT–2006–0344; FRL–8060–1. Review; Comment Request —The application is for a guarantee or a credit guarantee facility; Publicly available docket materials are AGENCY: Export Import Bank of the U.S. —The applicant is the guaranteed available electronically at http:// ACTION: Notice and request for lender or the exporter, and www.regulations.gov or in hard copy at comments. the OPPT Docket in the EPA Docket —The applicant is signing the Center (EPA/DC), EPA West, Rm. B102, SUMMARY: The Export-Import Bank, as a application but the borrower is 1301 Constitution Ave., NW., part of its continuing effort to reduce committing to pay the commitment or Washington, DC. The EPA Docket paperwork and respondent burden, facility fee. Center Public Reading Room is open invites the general public and other This is not a new letter but a more from 8:30 a.m. to 4:30 p.m., Monday Federal Agencies to comment on the clear presentation of an existing through Friday, excluding legal proposed information collection, as requirement. required by the Paperwork Reduction holidays. The telephone number for the DATES: Written comments should be Act of 1995. Our customers will be able Public Reading Room is (202) 566–1744, received on or before July 17, 2006 to be to submit this form on paper or and the telephone number for the OPPT assured of consideration. Docket is (202) 566–0280. electronically. The form has been 2. Electronic access. You may access updated in the following ways: ADDRESSES: Please direct all comments this Federal Register document • The application now accommodates to David Rostker, Office of Management electronically through the EPA Internet requests for Finance Lease Guarantee and Budget, Office of Information And under the ‘‘Federal Register’’ listings at coverage. Information on Lessees and Regulatory Affairs, NEOB, Room 10202, http://www.epa.gov/fedrgstr. Lessors is requested in those Washington, DC 20503, (202) 395–5897. circumstances. Direct requests for additional II. Overview • The application accommodates information to Angela Beckham, Export- The following listing provides certain requests for Foreign Dealer Insurance Import Bank of the U.S., 811 Vermont key information concerning the policies. A separate one-page Avenue, NW., Washington, DC 20571, application opportunity. attachment (Attachment IV) is required (800) 565–3946, extension 3418. For • Federal agency name: when the applicant requests this copies of the proposed form, please Environmental Protection Agency. coverage. direct your request to Solomon Bush, • Funding opportunity title: Pollution • The format has been changed so Export-Import Bank of the U.S., 811 Prevention Information Network Grants. that it accords with the on-line version Vermont Avenue, NW., Washington, DC • Funding opportunity number: EPA– of the form which will be made 20571, (800) 565–3946, extension 3353. OPPT–06–15. available later in 2006. Formatting A copy of the form is posted on our Web • Announcement type: Request for changes include: site at: http://www.exim.gov/pub/pdf/ applications. —The names of the applicant and eib03-02_prop.pdf. • Catalog of Federal Domestic broker have been moved up to the SUPPLEMENTARY INFORMATION: Assistance (CFDA) number: 66.708. first item.

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Title and Form Number: Application FOR FURTHER INFORMATION CONTACT: PURPOSE(S): for Medium-term Insurance or Robert Taylor, Privacy Act Officer, Farm We use information in this system of Guarantee, EIB–03–02. Credit Administration, McLean, records to determine suitability for OMB Number: 3048–0014. Virginia 22102–5090, (703) 883–4129, employment and to issue a clearance. Type of Review: Regular. TTY (703) 883–4020, Need and Use: The information ROUTINE USES OF RECORDS MAINTAINED IN THE requested enables the applicant to or SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: provide Ex-Im Bank with the Jane Virga, Senior Counsel, Office of information necessary to obtain General Counsel, Farm Credit See the ‘‘General Statement of Routine legislatively required assurance of Administration, McLean, Virginia Uses.’’ 22102–5090, (703) 883–4071, TTY repayment and fulfills other statutory DISCLOSURE TO CONSUMER REPORTING (703) 883–4020. requirements. AGENCIES: Affected Public: The form affects SUPPLEMENTARY INFORMATION: This None. entities involved in the export of U.S. publication satisfies the requirement of goods and services. the Privacy Act of 1974 that an agency POLICIES AND PRACTICES FOR STORING, Estimated Annual Respondents: 800. publish a system notice in the Federal RETRIEVING, ACCESSING, RETAINING, AND Estimated Time per Respondent: 1.5 Register when there is a revision, DISPOSING OF RECORDS IN THE SYSTEM: hours. change, or addition to the system of STORAGE: Estimated Annual Burden: 1200 records. The FCA did not file a System We maintain records in file folders. hours. Report with Congress and the Office of Frequency of Reporting or Use: As Management and Budget because the RETRIEVABILITY: needed, each time an applicant seeks changes were minor. There were no We retrieve records by name. medium-term insurance or guarantee. significant changes to this system of SAFEGUARDS: Dated: June 8, 2006. records. The amended system notice We maintain records in a locked safe Solomon Bush, reflects minor changes in the Agency’s organization and filing, and clearly in an area that is secured after business Agency Clearance Officer. hours. Only the Personnel Security [FR Doc. 06–5376 Filed 6–14–06; 8:45 am] identifies the record sources for this system of records. Officer and Alternate Personnel Security BILLING CODE 6690–01–M Officer have access to the records. The amended system of records is: FCA–9, Personnel Security Files. The RETENTION AND DISPOSAL: FARM CREDIT ADMINISTRATION notice is published in its entirety below. Files are retained in accordance with FCA–9 the National Archives and Records Privacy Act of 1974; Altering a System Administration General Records of Records SYSTEM NAME: Schedule requirements for personnel security records. AGENCY: Farm Credit Administration. Personnel Security Files—FCA. ACTION: Notice of altering a system of SYSTEM MANAGER(S) AND ADDRESS: SECURITY CLASSIFICATION: records maintained on individuals; Personnel Security Officer, Office of request for comments. None. Management Services, Farm Credit Administration, 1501 Farm Credit Drive, SYSTEM LOCATION: SUMMARY: Pursuant to the provisions of McLean, VA 22102–5090. the Privacy Act of 1974, as amended (5 Farm Credit Administration, 1501 U.S.C. 552a), notice is hereby given that Farm Credit Drive, McLean, VA 22102– NOTIFICATION PROCEDURE: the Farm Credit Administration (FCA) is 5090. Address inquiries about this system of publishing an amended system notice records to: Privacy Act Officer, Farm pertaining to personnel security files. CATEGORIES OF INDIVIDUALS COVERED BY THE Credit Administration, 1501 Farm The system notice provides information SYSTEM: Credit Drive, McLean, VA 22102–5090. on the existence and character of the Current and former FCA employees. system of records. This amended system RECORD ACCESS PROCEDURES: notice reflects minor changes in the CATEGORIES OF RECORDS IN THE SYSTEM: To obtain a record, contact: Privacy Agency’s organization and filing, and This system contains case files Act Officer, Farm Credit clearly identifies the record sources for compiled during background Administration, 1501 Farm Credit Drive, this system of records. investigations of employees in sensitive McLean, VA 22102–5090, as provided DATES: Written comments should be positions. It may include: (a) Security in 12 CFR part 603. received by July 17, 2006. This notice forms (e.g., SF 85P, Questionnaire for CONTESTING RECORD PROCEDURES: will become effective without further Public Trust Positions); (b) investigative Direct requests for amendments to a publication on July 31, 2006, unless reports that may include a credit check, record to: Privacy Act Officer, Farm modified by a subsequent notice to a check of police records, and Credit Administration, 1501 Farm incorporate comments received from the interviews with neighbors, former Credit Drive, McLean, VA 22102–5090, public. supervisors, and coworkers; (c) a as provided in 12 CFR part 603. ADDRESSES: Mail written comments to determination of suitability for Robert Taylor, Privacy Act Officer, Farm employment or for a security clearance RECORD SOURCE CATEGORIES: Credit Administration, McLean, Virginia by FCA’s security officer; and (d) Information in this system of records 22102–5090. You may send comments issuance of clearance statement. comes from: (a) The individual to whom by e-mail to [email protected]. Copies of the record applies; (b) Office of all communications received will be AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Personnel Management’s investigative available for examination by interested 12 U.S.C. 2243, 2252; Executive files maintained by the Investigations parties in the offices of the FCA. orders 10450 and 10577. Service: (c) employment information

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maintained by the FCA; and (d) external FOR FURTHER INFORMATION CONTACT: Mr. bank holding company and all of the and internal investigative inquiries by Robert Biersack, Press Officer. banks and nonbanking companies Federal law enforcement agencies. Telephone: (202) 694–1220. owned by the bank holding company, including the companies listed below. EXEMPTIONS CLAIMED FOR THE SYSTEM: Mary W. Dove, Secretary of the Commission. The applications listed below, as well Information in this system of records as other related filings required by the [FR Doc. 06–5462 Filed 6–13–06; 11:39 am] about a confidential source’s identity is Board, are available for immediate subject to a specific exemption, 5 U.S.C. BILLING CODE 6715–01–M inspection at the Federal Reserve Bank 552a(k)(5), to ensure accurate indicated. The application also will be information on employment suitability. available for inspection at the offices of FEDERAL MARITIME COMMISSION Dated: June 7, 2006. the Board of Governors. Interested Roland E. Smith, Notice of Agreement Filed persons may express their views in Secretary, Farm Credit Administration Board. writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the [FR Doc. E6–9356 Filed 6–14–06; 8:45 am] The Commission hereby gives notice of the filing of the following agreement proposal also involves the acquisition of BILLING CODE 6705–01–P under the Shipping Act of 1984. a nonbanking company, the review also Interested parties may submit comments includes whether the acquisition of the on an agreement to the Secretary, nonbanking company complies with the FEDERAL ELECTION COMMISSION Federal Maritime Commission, standards in section 4 of the BHC Act Washington, DC 20573, within ten days (12 U.S.C. 1843). Unless otherwise Notice of Sunshine Act Meeting of the date this notice appears in the noted, nonbanking activities will be Federal Register. Copies of agreements conducted throughout the United States. DATE AND TIME: Tuesday, June 20, 2006 are available through the Commission’s Additional information on all bank at 10 a.m. Office of Agreements (202–523–5793 or holding companies may be obtained [email protected]). from the National Information Center PLACE: 999 E Street, NW., Washington, Agreement No.: 011654–015. Web site at http://www.ffiec.gov/nic/. DC. Title: Middle East Indian Unless otherwise noted, comments STATUS: This meeting will be closed to Subcontinent Discussion Agreement. regarding each of these applications the public. Parties: A.P. Moller-Maersk A/S; must be received at the Reserve Bank ITEMS TO BE DISCUSSED: China Shipping Navigation Co., Ltd. d/ indicated or the offices of the Board of Compliance matters pursuant to 2 b/a Indotrans; CMA CGM S.A.; Hapag- Governors not later than July 10, 2006. U.S.C. 437g. Lloyd Container Linie GmbH; MacAndrews & Company Limited; The A. Federal Reserve Bank of Audits conducted pursuant to 2 National Shipping Company of Saudi Minneapolis (Jacqueline G. King, U.S.C. 437g, 438(b), and Title 26, U.S.C. Arabia; and United Arab Shipping Community Affairs Officer) 90 Matters concerning participation in Company (S.A.G.). Hennepin Avenue, Minneapolis, civil actions or proceedings or Filing Party: Wayne R. Rohde, Esq.; Minnesota 55480-0291: arbitration. Sher & Blackwell LLP; 1850 M Street, 1. State Bank of Hawley ESOP, Internal personnel rules and NW.; Suite 900; Washington, DC 20036. Hawley, Minnesota; to acquire 46 procedures or matters affecting a Synopsis: The amendment substitutes percent of the voting shares of particular employee. Hapag-Lloyd for Contship Bankshares of Hawley, Inc., Hawley, Minnesota, and thereby indirectly DATE AND TIME: Thursday, June 22, 2006 Containerlines as a party to the acquire voting shares of State Bank of at 10 a.m. agreement. The parties request expedited review of the amendment. Hawley, Hawley, Minnesota. PLACE: 999 E Street, NW., Washington, B. Federal Reserve Bank of Kansas DC (Ninth Floor). By Order of the Federal Maritime Commission. City (Donna J. Ward, Assistant Vice STATUS: This meeting will be open to the Dated: June 12, 2006. President) 925 Grand Avenue, Kansas public. Bryant L. VanBrakle, City, Missouri 64198-0001: ITEMS TO BE DISCUSSED: Secretary. 1. Chickasaw Banc Holding Company, Correction and Approval of Minutes. [FR Doc. E6–9360 Filed 6–14–06; 8:45 am] Oklahoma City, Oklahoma; to acquire Advisory Opinion 2006–10: EchoStar BILLING CODE 6730–01–P 100 percent of the voting shares of Satellite LLC, by counsel, Robert F. AllNations Bancorporation, Inc., Bauer and Caroline P. Goodson. Calumet, Oklahoma, and thereby Advisory Opinion 2006–14: National FEDERAL RESERVE SYSTEM indirectly acquire voting shares of Restaurant Association PAC, by counsel, AllNations Bank, Calumet, Oklahoma. Carol A. Laham and D. Mark Renaud. Formations of, Acquisitions by, and 2. Spearville Bancshares, Inc., Advisory Opinion 2006–17: Berkeley Mergers of Bank Holding Companies Spearville, Kansas; to become a bank Electric Cooperative, Inc. and its holding company by acquiring 100 The companies listed in this notice percent of the voting shares of First separate segregated fund, the Berkeley have applied to the Board for approval, Electric Cooperative, Inc. Political National Bank of Spearville, Spearville, pursuant to the Bank Holding Company Kansas. Action Committee, by Michael Kearney, Act of 1956 (12 U.S.C. 1841 et seq.) Treasurer. (BHC Act), Regulation Y (12 CFR part Board of Governors of the Federal Reserve Advisory Opinion 2006–18: 225), and all other applicable statutes System, June 12, 2006. Representative Kay Granger and the Kay and regulations to become a bank Robert deV. Frierson, Granger Campaign Fund, by counsel, holding company and/or to acquire the Deputy Secretary of the Board. Jan Witold Baran. assets or the ownership of, control of, or [FR Doc. E6–9357 Filed 6–14–06; 8:45 am] Routine Administrative Matters. the power to vote shares of a bank or BILLING CODE 6210–01–S

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FEDERAL RESERVE SYSTEM • A re´sume´; Mary Jane Seebach, Managing Director, • Information about past and present Public Affairs, Countrywide Financial Consumer Advisory Council; positions held by the nominee, dates, Corporation, Calabasas, California Solicitation of Nominations for and description of responsibilities; Paul J. Springman, Chief Marketing Officer, Membership • A description of special knowledge, Equifax, Atlanta, Georgia Forrest F. Stanley, Senior Vice President and AGENCY: Board of Governors of the interests, or experience related to community reinvestment, consumer Deputy General Counsel, KeyBank Federal Reserve System. National Association, Cleveland, Ohio protection regulations, consumer credit, ACTION: Notice. or other consumer financial services; Lori R. Swanson, Solicitor General, Office of • the Minnesota Attorney General, St. Paul, SUMMARY: The Board is inviting the Full name, title, organization name, Minnesota public to nominate qualified individuals organization description for both the for appointment to its Consumer nominee and the nominator; Council members whose terms Advisory Council, whose membership • Current address, telephone and fax continue through 2006 and 2007 are: represents interests of consumers, numbers for both the nominee and the Stella Adams, Executive Director, North communities, and the financial services nominator; and Carolina Fair Housing Center, Durham, industry. New members will be selected • Positions held in community North Carolina for three-year terms that will begin in organizations, and on councils and Faith Anderson, Vice President—Legal & January 2007. The Board expects to boards. Compliance and General Counsel, announce the selection of new members Individuals may nominate American Airlines Federal Credit Union, in early January. themselves. Fort Worth, Texas Dorothy Bridges, Chief Executive Officer and DATES: Nominations must be received The Board is interested in candidates who have familiarity with consumer President, Franklin National Bank of by August 25, 2006. Nominations not Minneapolis, Minneapolis, Minnesota received by August 25 May not be financial services, community Tony T. Brown, President and Chief considered. reinvestment, and consumer protection regulations, and who are willing to Executive Officer, Uptown Consortium, ADDRESSES: Nominations must include a express their views. Candidates do not Inc., Cincinnati, Ohio re´sume´ for each nominee. Electronic have to be experts on all levels of Carolyn Carter, Attorney, National Consumer nominations are preferred. The consumer financial services or Law Center, Boston, Massachusetts appropriate form can be accessed at: community reinvestment, but they Michael Cook, Vice President and Assistant http://www.federalreserve.gov/forms/ should possess some basic knowledge of Treasurer, Wal-Mart Stores, Inc., Bentonville, Arkansas cacnominationform.cfm. If electronic the area. They must be able and willing submission is not feasible, the to make the necessary time commitment Donald S. Currie, Executive Director, nominations can be mailed (not sent by Community Development Corporation of to participate in conference calls, and Brownsville, Brownsville, Texas facsimile) to Sheila Maith, Assistant prepare for and attend meetings three Director and Community Affairs Officer, Kurt Eggert, Associate Professor of Law and times a year (usually for two days, Director of Clinical Legal Education, Division of Consumer and Community including committee meetings). The Affairs, Board of Governors of the Chapman University School of Law, meetings are held at the Board’s offices Orange, California Federal Reserve System, Washington, in Washington, DC. The Board pays DC 20551. Deborah Hickok, Vice President, MoneyGram travel expenses, lodging, and a nominal Payment Systems, Inc., Ooltewah, FOR FURTHER INFORMATION CONTACT: honorarium. Tennessee Kyan Bishop, Secretary of the Council, In making the appointments, the Sarah Ludwig, Director, Neighborhood Division of Consumer and Community Board will seek to complement the Economic Development Advocacy Project, Affairs, (202) 452–6470, Board of background of continuing Council New York, New York Governors of the Federal Reserve members in terms of affiliation and Mark K. Metz, Senior Vice President and System, Washington, DC 20551. geographic representation, and to ensure Deputy General Counsel, Wachovia SUPPLEMENTARY INFORMATION: The the representation of women and Corporation, Charlotte, North Carolina Consumer Advisory Council was minority groups. The Board may Lance Morgan, President, Ho-Chunk, established in 1976 at the direction of consider prior years’ nominees and does Incorporated, Winnebago Tribe of the Congress to advise the Federal not limit consideration to individuals Nebraska, Winnebago, Nebraska Reserve Board on the exercise of its nominated by the public when making Joshua Peirez, Senior Vice President and duties under the Consumer Credit its selection. Associate General Counsel, MasterCard International, Purchase, New York Protection Act and on other consumer- Council members whose terms end as Anna McDonald Rentschler, BSA/AML related matters. The Council by law of December 31, 2006, are: represents the interests both of Officer, Central Bancompany, Jefferson consumers and of the financial services Dennis L. Algiere, Senior Vice President, City, Missouri Compliance and Community Affairs, The Faith Arnold Schwartz, Senior Vice industry (15 U.S.C. 1691(b)). Under the Washington Trust Company, Westerly, Rules of Organization and Procedure of President, Government, Housing and Rhode Island Industry, Option One Mortgage the Consumer Advisory Council (12 Sheila Canavan, Law Office of Sheila Corporation, Washington, District of CFR 267.3), members serve three-year Canavan, Moab, Utah Columbia terms that are staggered to provide the Anne Diedrick, Senior Vice President, Edward Sivak, Director of Policy and Council with continuity. JPMorgan Chase Bank, New York, New Evaluation, Enterprise Corporation of the New members will be selected for York Delta, Jackson, Mississippi terms beginning January 1, 2007, to Hattie B. Dorsey, President and Chief Lisa Sodeika, Senior Vice President— replace members whose terms expire in Executive Officer, Atlanta Neighborhood Corporate Affairs, HSBC North America December 2006. The Board expects to Development Partnership, Atlanta, Georgia Holdings Inc., Prospect Heights, Illinois announce its appointment of new Bruce B. Morgan, Chairman, President and Anselmo Villarreal, Executive Director, members in early January. Nomination Chief Executive Officer, Valley State Bank, LaCasa de Esperanza, Inc., Waukesha, letters should include: Roeland Park, Kansas Wisconsin

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Alan White, Supervising Attorney, U.S. postal mail in the Washington area received on or before the date specified Community Legal Services, Philadelphia, and at the Commission is subject to in the DATES section. Pennsylvania delay due to heightened security Analysis of Agreement Containing Marva E. Williams, Senior Vice President, precautions. Comments that do not Consent Order To Aid Public Comment Woodstock Institute, Chicago, Illinois contain any nonpublic information may Board of Governors of the Federal Reserve instead be filed in electronic form as The Federal Trade Commission has System, June 12, 2006. part of or as an attachment to email accepted, subject to final approval, an Jennifer J. Johnson, messages directed to the following e- agreement containing a consent order Secretary of the Board. mail box: https:// from Take-Two Interactive Software, Inc. and Rockstar Games, Inc. (‘‘the [FR Doc. E6–9336 Filed 6–14–06; 8:45 am] secure.commentworks.com/ftc-taketwo/. companies’’). The proposed consent BILLING CODE 6210–01–P The FTC Act and other laws the order has been placed on the public Commission administers permit the record for thirty (30) days for receipt of collection of public comments to comments by interested persons. consider and use in this proceeding as FEDERAL TRADE COMMISSION Comments received during this period appropriate. All timely and responsive will become part of the public record. [File No. 052 3158] public comments, whether filed in After thirty (30) days, the Commission paper or electronic form, will be Take-Two Interactive Software, Inc. will again review the agreement and the considered by the Commission, and will and Rockstar Games, Inc.; Analysis of comments received, and will decide be available to the public on the FTC Proposed Consent Order To Aid Public whether it should withdraw from the Web site, to the extent practicable, at Comment agreement or make final the agreement’s http://www.ftc.gov. As a matter of proposed order. AGENCY: Federal Trade Commission. discretion, the FTC makes every effort to This matter involves alleged ACTION: Proposed consent agreement. remove home contact information for deceptive representations in advertising individuals from the public comments it and on product packaging concerning SUMMARY: The consent agreement in this receives before placing those comments the content in the video game Grand matter settles alleged violations of on the FTC Web site. More information, Theft Auto: San Andreas (‘‘San Federal law prohibiting unfair or including routine uses permitted by the Andreas’’). In September 2004, the deceptive acts or practices or unfair Privacy Act, may be found in the FTC’s companies submitted materials to the methods of competition. The attached privacy policy, at http://www.ftc.gov/ Entertainment Software Rating Board Analysis to Aid Public Comment ftc/privacy.htm. (‘‘ESRB’’) for the purpose of obtaining a describes both the allegations in the FOR FURTHER INFORMATION CONTACT: rating for the PlayStation 2 version of draft complaint and the terms of the Richard F. Kelly (202/326–3304) or San Andreas. The companies did not consent order—embodied in the consent Keith R. Fentonmiller (202/326–2775), inform the ESRB about the existence of agreement—that would settle these Bureau of Consumer Protection, 600 an interactive sex mini-game that was allegations. Pennsylvania Avenue, NW., embedded in the game’s computer code, DATES: Comments must be received on Washington, DC 20580. but was inaccessible during normal or before July 10, 2006. game play. Nor did the companies tell SUPPLEMENTARY INFORMATION: Pursuant the ESRB that the game disc contained ADDRESSES: Interested parties are to section 6(f) of the Federal Trade data files (unused in game play) for invited to submit written comments. Commission Act, 38 Stat. 721, 15 U.S.C. female skins, which, if accessed, render Comments should refer to ‘‘Take-Two 46(f), and § 2.34 of the Commission the female characters partially or Interactive Software, Inc., et al., File No. Rules of Practice, 16 CFR 2.34, notice is completely nude. However, the ESRB’s 052 3158,’’ to facilitate the organization hereby given that the above-captioned published requirements in effect at that of comments. A comment filed in paper consent agreement containing a consent time did not state that game companies form should include this reference both order to cease and desist, having been were required to disclose unused skins in the text and on the envelope, and filed with and accepted, subject to final in the game software or content in the should be mailed or delivered to the approval, by the Commission, has been game code that was inaccessible and following address: Federal Trade placed on the public record for a period unplayable without modifying the code. Commission/Office of the Secretary, of thirty (30) days. The following Based on the companies’ submission, Room 135–H (Annex N), 600 Analysis to Aid Public Comment the ESRB assigned San Andreas a M Pennsylvania Avenue, NW., describes the terms of the consent (Mature 17+) rating and content Washington, DC 20580. Comments agreement, and the allegations in the descriptors for Blood and Gore, Intense containing confidential material must be complaint. An electronic copy of the Violence, Strong Language, Strong filed in paper form, must be clearly full text of the consent agreement Sexual Content, and Use of Drugs. The labeled ‘‘Confidential,’’ and must package can be obtained from the FTC companies released the Playstation 2 comply with Commission Rule 4.9(c). Home Page (for June 8, 2006), on the 1 version of San Andreas in October 2004. 16 CFR 4.9(c) (2005). The FTC is World Wide Web, at http://www.ftc.gov/ On June 7, 2005, the companies requesting that any comment filed in os/2006/0/index.htm. A paper copy can released versions of San Andreas paper form be sent by courier or be obtained from the FTC Public playable on PCs and the Xbox console. overnight service, if possible, because Reference Room, Room 130–H, 600 The PC and Xbox game discs also Pennsylvania Avenue, NW., contained the same code for the sex 1 The comment must be accompanied by an Washington, DC 20580, either in person explicit request for confidential treatment, mini-game and the nude skins. As with including the factual and legal basis for the request, or by calling (202) 326–2222. the PlayStation 2 version, the and must identify the specific portions of the Public comments are invited, and may companies did not disclose the comment to be withheld from the public record. be filed with the Commission in either existence of the disabled sex mini-game The request will be granted or denied by the Commission’s General Counsel, consistent with paper or electronic form. All comments or the nude skins on the PC and Xbox applicable law and the public interest. See should be filed as prescribed in the game discs. The ESRB rated the PC and Commission Rule 4.9(c), 16 CFR 4.9(c). ADDRESSES section above, and must be Xbox versions of the game M (Mature

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17+) and assigned the same content disabled, but potentially playable, By direction of the Commission. descriptors previously assigned to the software code for a sexually explicit Donald S. Clark, PlayStation 2 version. mini-game that the ESRB had not rated. Secretary. The ESRB rating information The presence on the game discs of this [FR Doc. E6–9359 Filed 6–14–06; 8:45 am] appeared in print, television, and unrated content that might change, and, BILLING CODE 6750–01–P retailer advertisements for Grand Theft in fact, did change, the rating of the Auto: San Andreas, and on game game to AO (Adults Only 18+) with an packaging, for all three versions of the additional content descriptor for nudity, DEPARTMENT OF HEALTH AND game. Among other things, the would have been material to many HUMAN SERVICES companies made the following claims consumers, particularly parents, in their about the game: ‘‘MATURE 17+ * * * purchase, rental, or use of the product. Centers for Disease Control and M ***’’ and ‘‘CONTENT RATED BY The complaint alleges that the Prevention ESRB.’’ None of the advertising companies’ failure to disclose these mentioned that the game contained [60Day–06–0601] facts, in light of the representation nudity. Proposed Data Collections Submitted On June 9, 2005—two days after the made, was and is a deceptive practice. for Public Comment and release of the PC version of the game— The proposed consent order contains Recommendations game enthusiasts posted a program on provisions designed to prevent the the Internet, which, when downloaded companies from engaging in similar acts In compliance with the requirement and installed on a user’s PC, enables the and practices in the future. Part I of the of section 3506(c)(2)(A) of the sex mini-game code. This program was consent order requires the companies, Paperwork Reduction Act of 1995 for dubbed ‘‘Hot Coffee.’’ A subsequent in connection with the advertising, sale, opportunity for public comment on version of the program imported nude or distribution of any electronic game, proposed data collection projects, the skins resident on the game disc onto to disclose, clearly and prominently, on Centers for Disease Control and several of the female characters. product packaging and in any Prevention (CDC) will publish periodic PlayStation 2 and Xbox players promotion or advertisement for an summaries of proposed projects. To eventually were able to access the mini- electronic game, content relevant to the request more information on the game by physically modifying or adding rating, unless that content has been proposed projects or to obtain a copy of a hardware accessory to their game disclosed sufficiently in prior the data collection plans and console, installing special software, and submissions to the rating authority. Part instruments, call 404–639–5960 and inputting cheat codes developed by I also prohibits the companies from send comments to Seleda Perryman, third parties. misrepresenting the rating or content CDC Assistant Reports Clearance On July 20, 2005, the ESRB revoked descriptors for an electronic game, and Officer, 1600 Clifton Road, MS–D74, the existing rating for the game as a requires the companies to establish and Atlanta, GA 30333 or send an e-mail to result of, among other things, viewing implement, and thereafter maintain, a [email protected]. Grand Theft Auto: San Andreas as comprehensive system reasonably Comments are invited on: (a) Whether modified by the Hot Coffee program and designed to ensure that all content in an the proposed collection of information the widespread availability of that is necessary for the proper performance program. The companies entered into an electronic game is considered and reviewed by the companies in preparing of the functions of the agency, including agreement with the ESRB that provided whether the information shall have submissions to a rating authority. that they would not contest a change in practical utility; (b) the accuracy of the Finally, Part I of the order states that rating for the game from M (Mature 17+) agency’s estimate of the burden of the nothing in the order shall constitute a to AO (Adults Only 18+) with an proposed collection of information; (c) waiver of the companies’ right to assert additional content descriptor for nudity. ways to enhance the quality, utility, and that any of their conduct is or was The companies also agreed to re-label or clarity of the information to be recall all existing inventory, and to protected by the First Amendment to collected; and (d) ways to minimize the make available to consumers a the United States Constitution or any burden of the collection of information downloadable patch rendering the Hot analogous provision of a State on respondents, including through the Coffee content inoperable. In response, constitution, except that the companies use of automated collection techniques most retailers decided not to sell the re- nonetheless acknowledge their or other forms of information labeled AO version of the game. In obligations to comply with the order. technology. Written comments should September 2005, the companies released Parts II through V of the consent order be received within 60 days of this a second M-rated version of San require the companies to keep copies of notice. Andreas without the Hot Coffee content. relevant advertisements and Proposed Project According to the FTC complaint, the promotional materials, to provide copies companies represented, expressly or by of the order to certain of their personnel, The National Tobacco Control implication, that the ESRB had rated the to notify the Commission of changes in Program (NTCP) Chronicle Progress content of the original versions of Grand corporate structure, and to file Reporting System—Revision—(OMB Theft Auto: San Andreas M (Mature compliance reports with the No. 0920–0601) National Center for 17+) and that the ESRB had assigned the Commission. Part VI provides that the Chronic Disease Prevention and Health following content descriptors as part of order will terminate after twenty (20) Promotion (NCCDPHP), Centers for the ESRB rating: Blood and Gore, Disease Control and Prevention (CDC). Intense Violence, Strong Language, years under certain circumstances. Strong Sexual Content, and Use of The purpose of this analysis is to Background and Brief Description Drugs. The complaint alleges that the facilitate public comment on the Tobacco use is the single most companies did not disclose to proposed order, and it is not intended preventable cause of death and disease consumers that the game discs to constitute an official interpretation of in the United States and most people contained unused, but potentially the agreement and proposed order or to begin using tobacco in early viewable, nude female skins and modify in any way their terms. adolescence. Annually, tobacco use

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causes more than 430,000 deaths in the program compliance; assess relative the key elements for inclusion in nation, costing approximately $50–70 value and anticipated efficacy of addressing Federal cooperative billion in medical expenses alone. The proposed future efforts; identify training agreement requirements, thus helping to Centers for Disease Control and and technical assistance needs; monitor insure effective evidence and science- Prevention’s (CDC) Office on Smoking compliance with cooperative agreement based program planning and and Health (OSH) provides funding to requirements; evaluate the progress development efforts of state public state and territory health departments to made in achieving national and health departments. develop, implement and evaluate program-specific goals; and respond to comprehensive Tobacco Control inquiries regarding program activities The NTCP Chronicle supports OSH’s Programs (TCPs) based on CDC and effectiveness. Cooperative broader mission of reducing the burden guidelines provided in Best Practices for Agreement recipients submit this of tobacco use by enabling OSH staff to Comprehensive Tobacco Control information, along with annual action more effectively identify the strengths Programs—August 1999 (Atlanta, GA., plans with associated budgets, to CDC/ and weaknesses of individual TCPs; to HHS) and Key Outcome Indicators for OSH through the on-line system known identify the strength of national Evaluating Comprehensive Tobacco as the Chronicle. movement toward reaching the goals Control Programs—May 2005 (Atlanta, Using a standardized format based on specified in Healthy People 2010; and to GA., HHS). TCPs are population-based OSH’s program framework, the disseminate information related to public health programs that are Chronicle enables grantees to describe successful public health interventions designed to implement and evaluate their CDC-funded program activities, implemented by these organizations to public health prevention and control expected outcomes, and report on prevent and control the burden of strategies, such as: (1) Reduce disease, progress. By collecting and housing this tobacco use. State use of the electronic disability and death related to tobacco information within a searchable system is voluntary. use, and (2) reach those communities database, OSH can draw upon the state- The program is requesting a revision most impacted by the burden of tobacco provided information to effectively use (e.g., racial/ethnic populations, rural fulfill its cooperative agreement of a currently approved data collection. dwellers, the economically obligations. Namely to monitor, evaluate The revised content includes disadvantaged, etc.). Support for these and compare individual programs, modifications to some of the Progress programs is the cornerstone of OSH’s provide technical assistance to increase Report assessment questions, a strategy for reducing the burden of the efficacy of state-driven initiatives, reduction in the number of fields a tobacco use throughout the nation. and to assess and report aggregate cooperative agreement recipient is Funding recipients are required to information regarding the overall required to respond to, and a submit progress reports twice yearly to effectiveness of the National Tobacco recalculation to provide a more realistic CDC. These reports are used by both the Control Program (NTCP). The NTCP burden estimate of the amount of time Procurement and Grants Office (PGO) Chronicle is complementary to the required to complete the Progress and OSH managers and project officers Grants.Gov electronic grant submission Report. There is no cost to the for the following purposes: To monitor process by facilitating development of respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average Number of responses burden per Total burden Respondents respondents per response hours respondent (in hrs.)

All States and DC ...... 51 2 8 816

Dated: June 9, 2006. notice in the Federal Register on June DEPARTMENT OF HEALTH AND Joan F. Karr, 6, 2006, requesting comments on HUMAN SERVICES Acting Reports Clearance Officer, Centers for reporting requirements contained in the Disease Control and Prevention. Interim Final Rule for the Administration for Children and [FR Doc. E6–9337 Filed 6–14–06; 8:45 am] Reauthorization of the Temporary Families BILLING CODE 4163–18–P Assistance for Needy Families Program. Submission for OMB Review; As the subject rule has not yet been Comment Request published, the Administration for DEPARTMENT OF HEALTH AND Children and Families is retracting the Title: 45 CFR 1309 Head Start HUMAN SERVICES notice. Facilities Purchase, Major Renovation and Construction. Administration for Children and FOR FURTHER INFORMATION CONTACT: OMB No.: 0970–0193. Families Robert Sargis, Reports Clearance Officer, Description: The Head Start Bureau is 202–690–7275, [email protected]. Agency Recordkeeping/Reporting proposing to renew, without changes, 45 Requirement Under Emergency Review Dated: June 12, 2006. CFR part 1309. This rule contains the by the Office of Management and Robert Sargis, administrative requirements for Head Budget (OMB); Retraction Reports Clearance Officer. Start and Early Head Start grantees who [FR Doc. 06–5436 Filed 6–14–06; 8:45 am] apply for funding to purchase, renovate, ACTION: Notice of retraction. or construct Head Start program BILLING CODE 4184–01–M facilities. The rule ensures that grantees SUMMARY: The Administration for use standard business practices when Children and Families published a acquiring real property and that Federal

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interest is preserved in properties other Federal statutes applicable to the Respondents: Head Start and Early acquired with public funds. The rule expenditure of Federal funds when Head Start grantees and delegate further ensures compliance with all acquiring real property. agencies.

ANNUAL BURDEN ESTIMATES

Number of Number of responses Average bur- Total burden Instrument respondents per den hours hours respondent per response

Regulation ...... 200 1 41 8,200.

Estimated Total Annual Burden citrus oils used in the preparation of DEPARTMENT OF HEALTH AND Hours: 8,200 beverages and to provide for the use of HUMAN SERVICES Additional Information: Copies of the steam stripping as a purification method proposed collection may be obtained by for producing glycerol ester of wood Food and Drug Administration writing to the Administration for rosin, gum rosin, or tall oil rosin. Children and Families, Office of [Docket No. 2005D–0200] Administration, Office of Information FOR FURTHER INFORMATION CONTACT: Services, 370 L’Enfant Promenade, SW., Clarence W. Murray III, Center for Food International Cooperation on Washington, DC 20447, Attn: ACF Safety and Applied Nutrition (HFS– Harmonisation of Technical Reports Clearance Officer. All requests 265), Food and Drug Administration, Requirements for Registration of should be identified by the title of the 5100 Paint Branch Pkwy., College Park, Veterinary Medicinal Products; Final information collection. E-mail address: MD 20740–3835, 301–436–1311. Guidance for Industry on [email protected]. ‘‘Specifications: Test Procedures and SUPPLEMENTARY INFORMATION: Under the OMB Comment: OMB is required to Acceptance Criteria for New Federal Food, Drug, and Cosmetic Act make a decision concerning the Biotechnological/Biological Veterinary (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), collection of information between 30 Medicinal Products;’’ Availability notice is given that a food additive and 60 days after publication of this document in the Federal Register. petition (FAP 6A4765) has been filed by AGENCY: Food and Drug Administration, Therefore, a comment is best assured of Georgia-Pacific Resins, Inc., P.O. Box HHS. having its full effect if OMB receives it 105734, Atlanta, GA 30348. The petition ACTION: Notice of availability. within 30 days of publication. Written proposes to amend the food additive comments and recommendations for the regulations in § 172.735 Glycerol ester of SUMMARY: The Food and Drug proposed information collection should wood or gum rosin (21 CFR 172.735) to Administration (FDA) is announcing the be sent directly to the following: Office provide for the following: (1) The safe availability of a guidance document for of Management and Budget, Paperwork use of glycerol ester of tall oil rosin to industry (#177) entitled ‘‘Specifications: Reduction Project, Attn: Desk Officer for adjust the density of citrus oils used in Test Procedures and Acceptance Criteria ACF, E-mail address: the preparation of beverages; and (2) the for New Biotechnological/Biological [email protected]. use of steam stripping as a purification Veterinary Medicinal Products’’ (VICH GL40). This guidance has been Dated: June 8, 2006. method for producing glycerol ester of wood rosin, gum rosin, or tall oil rosin. developed for veterinary use by the Robert Sargis, International Cooperation on Reports Clearance Officer. The agency has determined under 21 Harmonization of Technical [FR Doc. 06–5437 Filed 6–14–06; 8:45 am] CFR 25.32(k) that this action is of a type Requirements for Registration of BILLING CODE 4184–01–M that does not individually or Veterinary Medicinal Products (VICH). cumulatively have a significant effect on This VICH guidance document provides the human environment. Therefore, general principles through DEPARTMENT OF HEALTH AND neither an environmental assessment recommendations on the setting and HUMAN SERVICES nor an environmental impact statement justification, to the extent possible, of a is required. uniform set of international Food and Drug Administration Dated: May 24, 2006. specifications for biotechnological and [Docket No. 2006F–0225] biological products to support new Laura M. Tarantino, marketing applications. Director, Office of Food Additive Safety, Georgia-Pacific Resins, Inc.; Filing of DATES: Submit written or electronic Center for Food Safety and Applied Nutrition. Food Additive Petition comments at any time. [FR Doc. E6–9319 Filed 6–14–06; 8:45 am] AGENCY: Food and Drug Administration, ADDRESSES: Submit written requests for BILLING CODE 4160–01–S HHS. single copies of the guidance to the ACTION: Notice. Communications Staff (HFV–12), Center for Veterinary Medicine (CVM), Food SUMMARY: The Food and Drug and Drug Administration, 7519 Standish Administration (FDA) is announcing Pl., Rockville, MD 20855. Send one self- that Georgia-Pacific Resins, Inc., has addressed adhesive label to assist that filed a petition proposing that the food office in processing your requests. See additive regulations be amended to the SUPPLEMENTARY INFORMATION section provide for the safe use of glycerol ester for electronic access to the guidance of tall oil rosin to adjust the density of document.

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Submit written comments on the Four observers are eligible to IV. Significance of Guidance guidance to the Division of Dockets participate in the VICH Steering Management (HFA–305), Food and Drug Committee: One representative from the This document, developed under the Administration, 5630 Fishers Lane, rm. government of Australia/New Zealand, VICH process, has been revised to 1061, Rockville, MD 20852. Submit one representative from the industry in conform to FDA’s good guidance electronic comments to http:// Australia/New Zealand, one practices regulation (21 CFR 10.115). www.fda.gov/dockets/ecomments. representative from the government of For example, the document has been Comments should be identified with the Canada, and one representative from the designated ‘‘guidance’’ rather than full title of the guidance and the docket industry of Canada. The VICH ‘‘guideline.’’ In addition, guidance number found in brackets in the Secretariat, which coordinates the documents must not include mandatory heading of this document. preparation of documentation, is language such as ‘‘shall,’’ ‘‘must,’’ FOR FURTHER INFORMATION CONTACT: provided by the International ‘‘require,’’ or ‘‘requirement,’’ unless Dennis Bensley, Center for Veterinary Federation for Animal Health (IFAH). FDA is using these words to describe a Medicine (HFV–143), Food and Drug An IFAH representative also statutory or regulatory requirement. participates in the VICH Steering Administration, 7500 Standish Pl., The VICH guidance (#177) is Committee meetings. Rockville, MD 20855, 301–827–6956, e- consistent with the agency’s current mail: [email protected]. II. Guidance on Biotechnological/ thinking on the Biotechnological/ SUPPLEMENTARY INFORMATION: Biological Veterinary Medicinal Biological Veterinary Medicinal Products I. Background Products. This guidance does not create In the Federal Register of May 27, or confer any rights for or on any person In recent years, many important 2005 (70 FR 30763), FDA published the and will not operate to bind FDA or the initiatives have been undertaken by notice of availability of the VICH draft public. An alternative method may be regulatory authorities and industry guidance, giving interested persons used as long as it satisfies the associations to promote the until June 27, 2005, to submit requirements of applicable statutes and international harmonization of comments. No comments were received. regulations. regulatory requirements. FDA has At a meeting held on November 2005, participated in efforts to enhance the VICH Steering Committee endorsed V. Comments harmonization and has expressed its the final guidance for industry, (VICH As with all of FDA’s guidances, the commitment to seek scientifically based GL–40). public is encouraged to submit written harmonized technical procedures for the This VICH guidance document development of pharmaceutical provides general principles through or electronic comments pertinent to this products. One of the goals of recommendations on the setting and guidance. FDA will periodically review harmonization is to identify and then justification, to the extent possible, of a the comments in the docket and, where reduce differences in technical uniform set of international appropriate, will amend the guidance. requirements for drug development specifications for biotechnological and The agency will notify the public of any among regulatory agencies in different biological products to support new such amendments through a notice in countries. marketing applications. The the Federal Register. FDA has actively participated in the recommendations in this document Interested persons may submit to the International Conference on apply to products composed of well- Division of Dockets Management (see Harmonization of Technical characterized proteins and ADDRESSES) written or electronic Requirements for Approval of polypeptides, and their derivatives comments regarding this document. Pharmaceuticals for Human Use for which are isolated from tissues, body Submit a single copy of electronic several years to develop harmonized fluids, cell cultures, or produced using comments or two paper copies of any technical requirements for the approval recombinant deoxyribonucleic acid (r- mailed comments, except that of human pharmaceutical and biological DNA) technology. Thus, the document individuals may submit one paper copy. products among the European Union, covers the generation and submission of Comments are to be identified with the Japan, and the United States. The VICH specifications for products such as docket number found in brackets in the is a parallel initiative for veterinary cytokines, growth hormones and growth heading of this document. Received medicinal products. The VICH is factors, insulins, and monoclonal comments may be seen in the Division concerned with developing harmonized antibodies. This document does not of Dockets Management between 9 a.m. technical requirements for the approval cover antibiotics, heparins, vitamins, and 4 p.m., Monday through Friday. of veterinary medicinal products in the cell metabolites, DNA products, European Union, Japan, and the United allergenic extracts, vaccines, cells, VI. Electronic Access States, and includes input from both whole blood, and cellular blood regulatory and industry representatives. components. Copies of the guidance document The VICH Steering Committee is entitled ‘‘Specifications: Test composed of member representatives III. Paperwork Reduction Act of 1995 Procedures and Acceptance Criteria for from the European Commission, This guidance document refers to New Biotechnological/Biological European Medicines Evaluation Agency, previously approved collections of Veterinary Medicinal Products’’ (VICH European Federation of Animal Health, information found in FDA regulations. GL40) may be obtained on the Internet Committee on Veterinary Medicinal These collections of information are from the CVM home page at http:// Products, the U.S. FDA, the U.S. subject to review by the Office of www.fda.gov/cvm. Department of Agriculture, the Animal Management and Budget (OMB) under Dated: June 6, 2006. Health Institute, the Japanese Veterinary the Paperwork Reduction Act of 1995 Pharmaceutical Association, the (44 U.S.C. 3501–3520). The collections Jeffrey Shuren, Japanese Association of Veterinary of information in 21 CFR 514.1 have Assistant Commissioner for Policy. Biologics, and the Japanese Ministry of been approved under OMB Control No. [FR Doc. E6–9324 Filed 6–14–06; 8:45 am] Agriculture, Forestry and Fisheries. 0910–0032 (expiration date 12/31/2007). BILLING CODE 4160–01–S

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DEPARTMENT OF HEALTH AND electronic comments to http:// Australia/New Zealand, one HUMAN SERVICES www.fda.gov/dockets/ecomments. representative from the government of Comments should be identified with the Canada, and one representative from the Food and Drug Administration full title of the guidance and the docket industry of Canada. The VICH number found in brackets in the [Docket No. 2005D–0199] Secretariat, which coordinates the heading of this document. preparation of documentation, is International Cooperation on FOR FURTHER INFORMATION CONTACT: provided by the International Harmonisation of Technical Dennis Bensley, Center for Veterinary Federation for Animal Health (IFAH). Requirements for Registration of Medicine (HFV–143), Food and Drug An IFAH representative also Veterinary Medicinal Products; Final Administration, 7500 Standish Pl., participates in the VICH Steering Guidance for Industry on Rockville, MD 20855, 301–827–6956, e- Committee meetings. ‘‘Specifications: Test Procedures and mail: [email protected]. II. Guidance on Chemical Substance Acceptance Criteria for New Veterinary SUPPLEMENTARY INFORMATION: Drug Substances and New Medicinal I. Background In the Federal Register of May 27, Products: Chemical Substances;’’ 2005 (70 FR 30761), FDA published the Availability In recent years, many important notice of availability of the VICH draft initiatives have been undertaken by guidance, giving interested persons AGENCY: Food and Drug Administration, regulatory authorities and industry HHS. until June 27, 2005, to submit associations to promote the comments. No comments were received. ACTION: Notice of availability. international harmonization of At a meeting held on November 2005, regulatory requirements. FDA has SUMMARY: the VICH Steering Committee endorsed The Food and Drug participated in efforts to enhance Administration (FDA) is announcing the the final guidance for industry, (VICH harmonization and has expressed its GL–39). This VICH guidance addresses availability of a guidance document for commitment to seek scientifically based specifications, i.e., those tests, industry (#176) entitled ‘‘Specifications: harmonized technical procedures for the procedures, and acceptance criteria Test Procedures and Acceptance Criteria development of pharmaceutical which play a major role in assuring the for New Veterinary Drug Substances and products. One of the goals of quality of the new veterinary drug New Medicinal Products: Chemical harmonization is to identify and then substance and medicinal product at Substances’’ (VICH GL–39). This reduce differences in technical guidance has been developed for requirements for drug development release and during shelf life. veterinary use by the International among regulatory agencies in different III. Paperwork Reduction Act of 1995 Cooperation on Harmonization of countries. Technical Requirements for Registration FDA has actively participated in the This guidance document refers to of Veterinary Medicinal Products International Conference on previously approved collections of (VICH). This VICH guidance document Harmonization of Technical information found in FDA regulations. is intended to assist to the extent Requirements for Approval of These collections of information are possible, in the establishment of a single Pharmaceuticals for Human Use for subject to review by the Office of set of recommended global several years to develop harmonized Management and Budget (OMB) under specifications for new veterinary drug technical requirements for the approval the Paperwork Reduction Act of 1995 substances and medicinal products. It of human pharmaceutical and biological (44 U.S.C. 3501–3520). The collections provides guidance through products among the European Union, of information in 21 CFR 514.1 have recommendations on the setting and Japan, and the United States. The VICH been approved under OMB Control No. justification of acceptance criteria and is a parallel initiative for veterinary 0910–0032 (expiration date 12/31/2007). the selection of test procedures for new medicinal products. The VICH is veterinary drug substances of synthetic concerned with developing harmonized IV. Significance of Guidance chemical origin, and new medicinal technical requirements for the approval products produced from them, which This document, developed under the of veterinary medicinal products in the VICH process, has been revised to have not been registered previously in European Union, Japan, and the United the United States, the European Union, conform to FDA’s good guidance States, and includes input from both practices regulation (21 CFR 10.115). or Japan. regulatory and industry representatives. For example, the document has been DATES: Submit written or electronic The VICH Steering Committee is designated ‘‘guidance’’ rather than comments at any time. composed of member representatives ‘‘guideline.’’ In addition, guidance ADDRESSES: Submit written requests for from the European Commission, documents must not include mandatory single copies of the guidance to the European Medicines Evaluation Agency, language such as ‘‘shall,’’ ‘‘must,’’ Communications Staff (HFV–12), Center European Federation of Animal Health, for Veterinary Medicine (CVM), Food Committee on Veterinary Medicinal ‘‘require,’’ or ‘‘requirement,’’ unless and Drug Administration, 7519 Standish Products, the U.S. FDA, the U.S. FDA is using these words to describe a Pl., Rockville, MD 20855. Send one self- Department of Agriculture, the Animal statutory or regulatory requirement. addressed adhesive label to assist that Health Institute, the Japanese Veterinary The VICH guidance (#176) is office in processing your requests. See Pharmaceutical Association, the consistent with the agency’s current the SUPPLEMENTARY INFORMATION section Japanese Association of Veterinary thinking on the new veterinary drug for electronic access to the guidance Biologics, and the Japanese Ministry of substances and medicinal products. document. Agriculture, Forestry and Fisheries. This guidance does not create or confer Submit written comments on the Four observers are eligible to any rights for or on any person and will guidance to the Division of Dockets participate in the VICH Steering not operate to bind FDA or the public. Management (HFA–305), Food and Drug Committee: One representative from the An alternative method may be used as Administration, 5630 Fishers Lane, rm. government of Australia/New Zealand, long as it satisfies the requirements of 1061, Rockville, MD 20852. Submit one representative from the industry in applicable statutes and regulations.

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V. Comments publication, shall become effective June CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: As with all of FDA’s guidances, the 15, 2006. public is encouraged to submit written FOR FURTHER INFORMATION: Contact Prospective, current and former IHS or electronic comments pertinent to this Stephen Heath, MD, IHS Risk medical staff members. The term IHS guidance. FDA will periodically review Management Consultant, Albuquerque medical staff includes fully licensed the comments in the docket and, where Indian Health Center, 801 Vassar Drive, individuals permitted by law to provide appropriate, will amend the guidance. NE., Albuquerque, New Mexico 87106 patient care services independently and The agency will notify the public of any or via the Internet at without concurrent professional such amendments through a notice in [email protected]. direction or supervision, within the the Federal Register. scope of his/her license and in Interested persons may submit to the SUPPLEMENTARY INFORMATION: As accordance with individually granted Division of Dockets Management (see required by the Privacy Act of 1974, as clinical privileges. The IHS medical ADDRESSES) written or electronic amended, 5 U.S.C. 552a(e)(4), this staff includes physicians (M.D. and comments regarding this document. document sets forth the amendment of D.O.) and dentists and may include Submit a single copy of electronic the proposed alteration of a system of other health care practitioners such as comments or two paper copies of any records maintained by the IHS, psychologists, optometrists, podiatrists, mailed comments, except that following the initial publication in the audiologists, and, in some states, individuals may submit one paper copy. Federal Register at 71 FR 16320 on certified nurse midwives. Types of Comments are to be identified with the March 31, 2006. The purpose of altering assignment categories of current and docket number found in brackets in the System No. 09–17–0003, ‘‘Medical Staff former IHS medical staff members heading of this document. Received Credentials and Privileges Records,’’ is include the following: comments may be seen in the Division to enable IHS to reflect current program Provisional—Those new members of of Dockets Management between 9 a.m. changes, technology changes, statutory the medical staff who are serving a and 4 p.m., Monday through Friday and implementation changes. During required initial probationary period, as the comment period, IHS received no specified in the local medical staff VI. Electronic Access comments from the public. The revision bylaws. During this time, their Copies of the guidance document or modification of the IHS addresses in qualifications for membership on the entitled ‘‘Specifications: Test Appendix 1 is necessary to this system active or courtesy IHS medical staff are Procedures and Acceptance Criteria for of records as administrative changes. In assessed. New Veterinary Drug Substances and Appendix 1, the address for the Elko Active—Those members who are New Medicinal Products: Chemical Service Unit, Newe Medical Clinic Federal employees and/or spend at least Substances (VICH GL–39) may be under the Phoenix Area IHS was fifty percent of their professional time obtained on the Internet from the CVM removed as this facility is no longer providing patient care related services home page at http://www.fda.gov/cvm. under the control of the IHS. in the facility. Dated: June 6, 2006. This Notice meets the requirement to Temporary—Those members who provide services on a short-term basis or Jeffrey Shuren, notify the public that the IHS is amending the proposed changes in the have applied for active medical staff Assistant Commissioner for Policy. IHS system of records by incorporating membership and are awaiting a full [FR Doc. E6–9327 Filed 6–14–06; 8:45 am] the administratie change following the credential review. BILLING CODE 4160–01–S initial publication at 71 FR 16320, Courtesy or Associate—Those March 31, 2006. With this notification, members who generally provide this system of records is effective June services on a periodic or episodic basis DEPARTMENT OF HEALTH AND 15, 2006. (e.g., consultants for specialty clinics). HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN CATEGORIES OF RECORDS IN THE SYSTEM: Indian Health Service SERVICES Contains name, Social Security Privacy Act System of Records— 09–17–0003 number, IHS medical staff membership Medical Staff Credentials and and privileges applications and Privileges Records SYSTEM NAME: associated forms, employment data, Indian Health Service Medical Staff liability insurance coverage, AGENCY: Indian Health Service (IHS), credentialing history of licensed health HHS. Credentials and Privileges Records, HHS/IHS/OCPS. professionals, personal, educational, ACTION: Amendment of one altered and demographic background Privacy Act system of records. SECURITY CLASSIFICATION: information, professional performance information consisting of continuing SUMMARY: Pursuant to the provisions of None. education, performance awards, and the Privacy Act of 1974, as amended, 5 adverse or disciplinary actions, and SYSTEM LOCATION: U.S.C. 552a(e)(4), the IHS has amended evaluations and approvals completed by and is publishing the proposed Each Indian Health Service (IHS) Area IHS medical staff reviewers. alteration of a system of records, System Office and each IHS Service Unit No. 09–17–0003, ‘‘Medical Staff (Appendix 1). Records may also be AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Credentials and Privileges Records.’’ located at hospitals and offices of health Federal Records Act (44 U.S.C. 2901), The amended and altered system of care providers who are under contract Privacy Act of 1974, as amended (5 records makes only one administrative with IHS. A current list of contractor U.S.C. 552a), Indian Self Determination revision as necessary. sites is available by writing to the and Education and Assistance Act (25 DATES: The amended and altered appropriate System Manager (Area or U.S.C. 450), Snyder Act (25 U.S.C. 13), system, which incorporates no public Service Unit Director) at the address Indian Health Care Improvement Act comments received following the initial shown in Appendix I. (25 U.S.C. 1601 et seq.), Indian Health

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Service Transfer Act (42 U.S.C. 2001– professional qualification information his or her individual capacity where the 2004). concerning medical staff membership Department of Justice (or HHS, where it and privileges, professional is authorized to do so) has agreed to PURPOSE(S): competence, clinical judgment and represent the employee; or (d) the The purposes of this system are: personal character to a state or local United States or any agency thereof 1. To ensure that IHS medical staff government health professional where HHS determines that the members are qualified, competent and licensing board, to the Federation of litigation is likely to affect HHS or any capable of delivering quality health State Medical Boards, to the NPDB– of its components, is a party to litigation services consistent with those of the HIPDB, and/or to a similar entity which or has an interest in such litigation, and medical community at large and that has the authority to maintain records HHS determines that the use of such they are granted privileges concerning the issuance, retention or records by the Department of Justice, the commensurate with their training and revocation of licenses or registrations court or other tribunal is relevant and competence and with the ability of the necessary to practice a health necessary to the litigation and would facility to provide adequate support professional occupation or specialty. help in the effective representation of equipment, services, and staff. The purpose of this disclosure is to the governmental party, provided, 2. To inform health care inform medical profession licensing however, that in each case, HHS practitioner(s) and staff of health care boards and appropriate entities about determines that such disclosure is facilities, state or county health the health care practices of a current, compatible with the purpose for which professional societies or licensing terminated, resigned, or retired IHS the records were collected. boards to whom the subject individual medical staff member whose 6. Records may be disclosed to a may apply for clinical privileges, professional health care activity congressional office from the record of membership or licensure, of the subject significantly failed to conform to an individual in response to a verified individual’s professional competence, generally accepted standards of inquiry from the congressional office character and ethical qualifications. professional medical practice. This will made at the written request of that This may include information regarding be done within the guidelines for notice, individual. drug or alcohol abuse or dependency. hearing, and review as delineated in the 7. In the event that a system of records Within the Department such releases medical staff bylaws for the IHS facility maintained by the IHS to carry out its may be made to personnel staffs of and/or within other HHS or IHS functions indicates a violation or DHHS Regional Offices. regulations or policies. potential violation of law, whether civil, 3. To provide adverse health care 3. IHS may disclose biographic data criminal, or regulatory in nature, and practice information to the National and information supplied by potential whether arising by general statute or Practitioner Data Bank-Healthcare applicants to (a) references listed on the particular program statute, or by Integrity and Protection Data Bank IHS medical staff and/or privileges regulation, rule or order issued pursuant (NPDB–HIPDB) established under Title application and associated forms for the thereto, the relevant records in the IV of Pub. L. 99–660, the Health Care purpose of evaluating the applicant’s system of records may be referred to the Quality Improvement Act of 1986, as professional qualifications, experience, appropriate agency, whether Federal, amended, and Section 221(a) of Pub. L. and suitability, and (b) a state or local state, or local, charged with enforcing or 104–191, the Heath Insurance government health profession licensing implementing the statute or rule, Portability and Accountability Act of board, to a health-related professional regulation or order issued pursuant 1996. The purpose of such a release is organization, to the Federation of State thereto. to provide information concerning a Medical Boards, and to the NPDB– current or former IHS medical staff HIPDB or a similar entity for the POLICIES AND PRACTICES FOR STORING, member whose professional health care purpose of verifying that all claimed RETRIEVING, ACCESSING, RETAINING, AND activity failed to conform to generally background and employment data are DISPOSING OF RECORDS IN THE SYSTEM: accepted standards of professional valid and all claimed credentials are STORAGE: medical practice. current and in good standing. File folders and computer-based or 4. To provide health care practice 4. Records may be disclosed to other electronic files. information concerning current or Federal agencies (including the Office of former members of the IHS medical staff Personnel Management for subject RETRIEVABILITY: with Commissioned Corps status to the individuals applying for or maintaining Indexed and retrieved by name, Social Division of Commissioned Personnel, Civil Service appointments), to state and Security number, and any other U.S. Public Health Service, so that an local governmental agencies, and to identifying numbers necessary to informed decision may be made organizations in the private sector to establish the identity of an individual concerning the promotion, retention, or which the subject individual applies for whose record is maintained in the reassignment of the subject individual. clinical privileges, membership or system of records. licensure for the purpose of ROUTINE USES OF RECORDS MAINTAINED IN THE documenting the qualifications and SAFEGUARDS: SYSTEM, INCLUDING CATEGORIES OF USERS AND competency of the subject individual to 1. Authorized Users: Access is limited THE PURPOSES OF SUCH USES: provide health services in his/her health to authorized personnel for use in the 1. Records may be disclosed to profession based on the individual’s performance of their official duties. organizations authorized to conduct professional performance while Authorized personnel include: evaluation studies concerning the employed by the IHS. Physician Recruitment and other Health delivery of health care services by the 5. The Department may disclose Professions Branch Staff and Area IHS (e.g., Joint Commission on the information from this system of records Governing Board Members at IHS Area Accreditation of Healthcare to the Department of Justice, or to a Offices, and Service Unit Directors, Organizations) . court or other tribunal, when (a) HHS, Clinical Directors and members of the 2. IHS may disclose records consisting or any component thereof, or (b) any Credentials and Privilege Committee of of name, Social Security number, HHS employee in his or her official each IHS Service Unit. At each location employment history and any capacity; or (c) any HHS employee in where records in this system will be

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maintained, a list of personnel or records are destroyed by shredding or established, telephone requests are not categories of personnel having an burning. honored. official need-to-know has been SYSTEM MANAGER(S) AND ADDRESS: RECORD ACCESS PROCEDURES: developed and is maintained. 2. Physical Safeguards: Records are See Appendix 1. Same as Notification Procedure: kept in locked metal filing cabinets or Policy Coordinating Official: Director, Requesters should also provide a in locked desk drawers in secured Office of Clinical and Preventive reasonable description of the record rooms at all times when not actually in Services, IHS, 801 Thompson Avenue, being sought. Requesters may also use during working hours and at all Suite 300, Rockville, Maryland 20852. request an accounting of disclosures times during non-working hours. Record The IHS Clinical Directors at all IHS that have been made of their records, if storage areas, including file cabinets and Service Units listed in Appendix 1 are any. Contesting record procedures: Write desks, are not left unattended or System Managers. IHS medical staff to the appropriate Service Unit Clinical unlocked during office hours, including credentials and privileges files are Director at the address specified in lunch hours. Computer-based or stored at these locations. Other Appendix 1 and reasonably identify the electronic records are password addresses listed in Appendix 1 are record, specify the information being protected security and any additional locations at which all or parts of these contested, and state the corrective internal security for database (linked or records may also be stored (Physician action sought, and the reasons for unlinked). Recruiter at IHS Area Offices). Post Office Box designations appearing in requesting the correction, along with 3. Procedural Safeguards: Persons Appendix 1 should be specified when supporting information to show how the who have an official need-to-know are making requests by mail. record is inaccurate, incomplete, entrusted with records from this system untimely, or irrelevant. of records and are instructed to NOTIFICATION PROCEDURE: safeguard the confidentiality of these Requests must be made to the RECORD SOURCE CATEGORIES: records and to destroy all copies or to appropriate System Manager (Clinical Subject individual, IRS health care return such records when the need to Director for the appropriate Service personnel, references supplied by the know has expired. Instructions include Unit) listed in Appendix 1. subject individual, professional the statutory penalties for Requests by mail: Requests for societies or associations, specialty noncompliance. Proper charge-out information and/or access to records boards, colleges and universities procedures are followed for the removal received by mail must contain attended by the subject individual, of records from the area in which they information providing the identity of former employers, health facilities or are maintained. Before an employee the writer and a reasonable description health providers with which the subject who will control disclosure of records of the record desired. Written requests individual was associated, liability can work with the records (i.e., must contain, at a minimum, the name, insurance carriers, organizations employees who report to the system signature, Social Security number, and providing cardiopulmonary manager) the system manager or address of the requester, and for resuscitation (CPR) training to the designee ensures that the employee has unsuccessful applicants the date when subject individual, state and local health received training in the safeguards the application was submitted, and for and health care licensing or certifying applicable to the records and is aware current or former IHS health care organizations, and organizations which of the actions to take to restrict providers the dates and locations of serve as repositories of information on disclosure. When copying records for service. We may request additional health care professionals. authorized purposes, care is taken to identification when we hold records for SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS ensure that any imperfect pages are not different persons with the same name or OF THE ACT: left in the reproduction room where where an apparent discrepancy exists None. they can be read but are destroyed or between information contained in the obliterated. record and that provided by the Appendix 1: System Managers and IRS 4. Implementation Guidelines: DHHS individual requesting access to the Locations Under Their Jurisdiction Chapter 45–13 and supplementary record. Where Records Are Maintained Chapter PHS.hf:45–13 of the General Other names used: Where an Director, Aberdeen Area Indian Health Administration Manual; DHHS, individual is seeking to obtain Service, Room 309, Federal Building, 115 ‘‘Automated Information Systems information about himself/herself which Fourth Avenue, SE., Aberdeen, South Security Program Handbook,’’ as may be retrieved by a different name Dakota 57401. amended; DHHS IRM Policy HHS–IRM– than his/her current name, he/she shall Director, Cheyenne River Service Unit, Eagle 2000–0005, ‘‘IRM Policy for IT Security be required to produce evidence to Butte Indian Hospital, P.O. Box 1012, Eagle for Remove Access; OMB Circular A– verify that he/she is the person whose Butte, South Dakota 57625. 130 ‘‘Management of Federal record he/she seeks. Director, Crow Creek Service Unit, Ft. Thompson Indian Health Center, P.O. Box Information Resources’’; and E- Requests in person: A subject 200, Ft. Thompson, South Dakota 57339. Government Act of 2002 (Pub. L. 107– individual who appears in person at a Director, Fort Berthold Service Unit, Fort 347, 44 U.S.C. Ch 36). specific location (where he or she Berthold Indian Health Center, P.O. Box currently works or formerly worked) 400, New Town, North Dakota 58763. RETENTION AND DISPOSAL: seeking access or disclosure of records Director, Carl T. Curtis Health Center, P.O. Records are maintained by IHS for at contained in this system of records Box 250, Macy, Nebraska 68039. least ten years after the individual’s relating to him/her shall provide the Director, Fort Totten Service Unit, Fort termination of employment or information described in ‘‘Requests by Totten Indian Health Center, P.O. Box 200, association with IHS. Records of Fort Totten, Norh Dakota 58335. mail’’ (above) and at least one piece of Director, Kyle Indian Health Center, P.O. Box unsuccessful applicants for medical tangible identification such as a driver’s 540, Kyle, South Dakota 57752. staff membership will be retained for license or passport. Director, Lower Brule Indian Health Center, three years after his/her rejection. After Requests by telephone: Since positive P.O. Box 191, Lower Brule, South Dakota these periods of retention expire, identification of the caller cannot be 57548.

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Director, McLaughlin Indian Health Center, Director, San Felipe Health Center, P.O. Box Director, Catawba PHS Indian Nation of P.O. Box 879, McLaughlin, South Dakota 4344, San Felipe, New Mexico 87001. South Carolina, P.O. Box 188, Catawba, 57642. Director, Cochiti Health Center, P.O. Box 105, South Carolina 29704. Director, Omaha-Winnebago Service Unit, 255 Cochiti Street, Cochiti, New Mexico Director, Unity Regional Youth Treatment Winnebago Indian Hospital, Winnebago, 87072. Center, P.O. Box C–201, Cherokee, North Nebraska 68071. Director, Santo Domingo Health Center, P.O. Carolina 28719. Director, Pine Ridge Service Unit, Pine Ridge Box 340, Santo Domingo, New Mexico Director, Navajo Area Indian Health Service, Indian Hospital, Pine Ridge, South Dakota 87052. P.O. Box 9020, Highway 264, Window 57770. Director, Southern Colorado-Ute Service Rock, Arizona 86515–9020. Director, Rapid City Service Unit, Rapid City Unit, P.O. Box 778, Ignacio, Colorado Director, Chinle Service Unit, Chinle Indian Hospital, 3200 Canyon Lake Drive, 81137. Comprehensive Health Care Facility, PO Rapid City, South Dakota 57701. Director, Ignacio Indian Health Center, P.O. Drawer PH, Chinle, Arizona 86503. Director, Rosebud Service Unit, Rosebud Box 889, Ignacio, Colorado 81137. Director, Tsaile Health Center, P.O. Box 467, Indian Hospital, Rosebud, South Dakota Director, Towaoc Ute Health Center, Towaoc, Navajo Routes 64 & 12, Tsaile, Arizona 57570. Colorado 81334. 86556. Director, Sisseton-Wahpeton Service Unit, Director, Jicarilla Indian Health Center, P.O. Director, Rock Point Field Clinic, c/o Tasaile Sisseton Indian, Hospital, P.O. Box 189, Box 187, Dulce, New Mexico 87528. Health Center, P.O. Box 647, Tsaile, Sisseton, South Dakota 57262. Director, Mescalero Service Unit, Mescalero Arizona 86557. Director, Standing Rock Service Unit, Fort Indian Hospital, P.O. Box 210, Mescalero, Director, Pinon Health Station, Pinon, Yates Indian Hospital, P.O. Box J, Fort New Mexico 88340. Arizona 86510. Yates, North Dakota 58538. Director, Taos/Picuris Indian Health Center, Director, Crownpoint Service Unit, Director, Trenton-Williston Indian Health P.O. Box 1956, 1090 Goat Springs Road, Crownpoint Comprehensive Health Care Center, P.O. Box 210, Trenton, Noth Dakota Taos, New Mexico 87571. Facility, P.O. Box 358, Crownpoint, New 58853. Director, Zuni Service Unit, Zuni Indian Mexico 87313. Director, Turtle Mountain Service Unit, Hospital, Zuni, New Mexico 87327. Director, Pueblo Pintado Health Station, c/o Belcourt Indian Hospital, P.O. Box 160, Director, Pine Hill Health Center, P.O. Box Crownpoint Comprehensive Health Care Belcourt, North Dakot 58316. 310, Pine Hill, New Mexico 87357. Facility, P.O. Box 358, Crownpoint, New Director, Wanblee Indian Health Center, 100 Director, Bemidji Area Indian Health Service, Mexico 87313. Cinic Drive, Wanblee, South Dakota 57577. 522 Minnesota Avenue, NW., Bemidji, Director, Fort Defiance Service Unit, Fort Director, Yankton-Wagner Service Unit, Minnesota 56601. Defiance Indian Hospital, P.O. Box 649, Wagner Indian Hospital, 110 Washington Director, Red Lake Service Unit, PHS Indian Intersection of Navajo Routes N12 & N7, Fort Defiance, Arizona 86515. Street, Wagner, Sout Dakota 57380. Hospital, Highway 1, Red Lake, Minnesota Director, Nahata Dziil Health Center, P.O. Director, Youth Regional Treatment Center, 56671. Box 125, Sanders, Arizona 86512. P.O. Box #68, Mobridge, South Dakota Director, Leech Lake Service Unit, PHS Director, Gallup Service Unit, Gallup Indian 57601. Indian Hospital, 425 7th Street, NW., Cass Medical Center, P.O. Box 1337, Nizhoni Director, Sac & Fox Health Center, 307 Lake, Minnesota 56633. Meskwaki Road, Tama, Iowa 52339. Boulevard, Gallup, New, Mexico 87305. Director, White Earth Service Unit, PHS Director, Tohatchi Indian Health Center, P.O. Director, Santee Health Center, 425 Frazier Indian Hospital, P.O. Box 358, White Earth, Avenue, Main Street #2, Niobrara, Box 142, Tohatchi, New Mexico 87325. Minnesota 56591. Director, Ft. Wingate Health Station, c/o Nebraska 68760. Director, Billings Area Indian Health Service, Director, Alaska Area Native Health Service, Gallup Indian Medical Center, P.O. Box P.O. Box 36600, 2900 4th Avenue North, 1337, Gallup, New Mexico 87305. 4141 Ambassador Drive, Suite 300, Billings, Montana 59101. Director, Kayenta Service Unit, Kayenta Anchorage, Alaska 99508–5928. Director, Blackfeet Service Unit, Browning Indian Health Center, P.O. Box 368, Director, Albuquerque Area Health Service, Indian Hospital, P.O. Box 760, Browning, Kayenta, Arizona 86033. 5300 Homestead Road, NE., Albuquerque, Montana 59417. Director, Inscription House Health Center, New Mexico 87110. Director, Heart Butte PHS Indian Health P.O. Box 7397, Shonto, Arizona 86054. Director, Acoma-Canoncito-Laguna Service Clinic, Heart Butte, Montana 59448. Director, Dennehotso Clinic, c/o Kayenta Unit, Acoma-Canoncito-Laguna Indian Director, Crow Service Unit, Crow Indian Health Center, P.O. Box 368, Kayenta, Hospital, P.O. Box 130, San Fidel, New Hospital, Crow Agency, Montana 59022. Arizona 86033. Mexico 87049. Director, Lodge Grass PHS Indian Health Director, Shiprock Service Unit, Northern Director, To-Hajille Health Center, P.O. Box Center, Lodge Grass, Montana 59090. Navajo Medical Center, P.O. Box 160, U.S. 3528, Canoncito, New Mexico 87026. Director, Pryor PHS Indian Health Clinic, Hwy 491 North, Shiprock, New Mexico Director, New Sunrise Treatment Center, P.O. P.O. Box 9, Pryor, Montana 59066. 87420. Box 219, San Fidel, New Mexico 87049. Director, Fort Peck Service Unit, Poplar Director, Dzilth-Na-O-Dith-Hle Indian Health Director, Albuquerque Service Unit, Indian Hospital, Poplar, Montana 59255. Center, 6 Road 7586, Bloomfield, New Albuquerque Indian Hospital, 801 Vassar Director, Fort Belknap Service Unit, Harlem Mexico 87413. Drive, NE., Albuquerque, New Mexico Indian Hospital, Harlem, Montana 59526. Director, Teecnospos Health Center, P.O. Box 87049. Director, Hays PHS Indian Health Clinic, 103, N5114 BIA School Road, Teecnospos, Director, Albuquerque Indian Dental Clinic, Hays, Montana 59526. Arizona 86514. P.0. Box 67830, Albuquerque, New Mexico Director, Northern Cheyenne Service Unit, Director, Sanostee Health Station, c/o 87193. Lame Dear Indian Health Center, Lame Northern Navajo Medical Center, P.O. Box Director, Alamo Navajo Health Center, P.O. Deer, Montana 59043. 160, Shiprock, New Mexico 87420. Box 907, Magdalena, New Mexico 87825. Director, Wind River Service Unit, Fort Director, Toadlena Health Station, c/o Director, Jemez PHS Health Center, P.O. Box Washakie Indian Health Center, Fort Northen Navajo Medical Center, P.O. Box 279, Jemez, New Mexico 87024. Washakie, Wyoming 82514. 160, Shiprock, New Mexico 87420. Director, Santa Ana PHS Health Center, P.O. Director, Arapahoe Indian Health Center, Director, Teen Life Center, c/o Northern Box 37, Bernalillo, New Mexico 87004. Arapahoe, Wyoming 82510. Navajo Medical Center, P.O. Box 160, Director, Sandia PHS Health Center, P.O. Box Director, Chief Redstone Indian Health Shiprock, New Mexico 87420. 6008, Bernalillo, New Mexico 87004. Center, Wolf Point, Montana 59201. Director, Oklahoma City Area Indian Health Director, Zia PHS Health Center, 155 Capital Director, California Area Indian Health Service, Five Corporation Plaza, 3625 NW. Square, Zia, New Mexico 87053. Service, John E. Moss Federal Building, 56th Street, Oklahoma City, Oklahoma Director, Santa Fe Service Unit, Santa Fe 650 Capitol Mall, Suite 7–100, Sacramento, 73112. Indian Hospital, 1700 Cerrillos Road, Santa California 95814. Director, Claremore Service Unit, Claremore Fe, New Mexico 87501. Director, Nashville Area Indian Health Comprehensive Indian Health Facility, Director, Santa Clara Health Center, RR5, Box Service, 711 Stewarts Ferry Pike, Nashville, West Will Rogers Boulvard and Moore; 446, Espanola, New Mexico 87532. Tennessee 37214–2634. Claremore, Oklahoma 74017.

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Director, Clinton Service Unit, Clinton Indian Director, Fort McDermitt Clinic, P.O. Box ACTION: Notice of program exclusions. Hospital, Route 1, Box 3060, Clinton, 315, McDermitt, Nevada 89421. During the month of May 2006, the HHS Oklahoma 73601–9303. Director, Unitah and Ouray Service Unit, Fort Office of Inspector General imposed Director, El Reno PHS Indian Health Clinic, Duchesne Indian Health Center, P.O. Box exclusions in the cases set forth below. 1631A E. Highway 66, El Reno, Oklahoma 160, Fort Duchesne, Utah 84026. 73036. Director, Whiteriver Service Unit, Cibecue When an exclusions is imposed, no Director, Watonga Indian Health Center, Health Center, P.O. Box 37, Cibecue, program payment is made to anyone for Route 1, Box 34–A, Watonga, Oklahoma Arizona 85941. any items or services (other than an 73772. Director, Whiteriver Service Unit, Whiteriver emergency item or service not provided Director, Haskell Service Unit, PHS Indian Indian Hospital, P.O. Box 860, Whiteriver, in a hospital emergency room) Health Center, 2415 Massachusetts Arizona 85941. furnished, ordered or prescribed by an Avenue, Lawrence, Kansas 66044. Director, Desert Vision Youth Wellness excluded party under the Medicare, Director, Lawton Service Unit, Lawton Indian Center/RTC, P.O. Box 458, Sacaton, AZ Medicaid, and all Federal Health Care Hospital, 1515 Lawrie Tatum Road, 85247. programs. In addition, no program Lawton, Oklahoma 73501. Director, Portland Area Indian Health Director, Anadarko Indian Health Center, payment is made to any business or Service, Room 476, Federal Building, 1220 facility, e.g., a hospital, that submits P.O. Box 828, Anadarko, Oklahoma 73005. Southwest Third Avenue, Portland, Oregon Director, Carnegie Indian Health Center, P.O. 97204–2829. bills for payment for items or services Box 1120, Carnegie, Oklahoma 73150. Director, Colville Service Unit, Colville provided by an excluded party. Program Director, Holton Service Unit, PHS Indian Indian Health Center, P.O. Box 71-Agency beneficiaries remain free to decide for Health Center, 100 West 6th Street, Holton, Campus, Nespelem, Washington 99155. themselves whether they will continue Kansas 66436. Director, Fort Hall Service Unit, Not-Tsoo to use the services of an excluded party Director, Pawnee Service Unit, Pawnee Gah-Nee Health Center, P.O. Box 717, Fort Indian Service Center, RR2, Box 1, Pawnee, even though no program payments will Hall, Idaho 83203. Oklahoma 74058–9247. be made for items and services provided Director, Neah Bay Service Unit, Sophie Director, Pawhuska Indian Health Center, by that excluded party. The exclusions Trettevick Indian Health Center, P.O. Box 715 Grandview, Pawhuska, Oklahoma have national effect and also apply to all 410, Neah Bay, Washington 98357. 74056. Director, Warm Springs Service Unit, Warm Executive Branch procurement and non- Director, Tahlequah Service Unit, W. W. Springs Indian Health Center, P.O. Box procurement programs and activities. Hastings Indian Hospital, 100 S. Bliss, Tahlequah, Oklahoma 74464. 1209, Warm Springs, Oregon 97761. Director, Wellpinit Service Unit, David C. Effective Director, Wewoka Indian Health Center, P.O. Subject name, address date Box 1475, Wewoka, Oklahoma 74884. Wynecoop Memorial Clinic, P.O. Box 357, Wellpinit, Washington 99040. PROGRAM-RELATED CONVICTIONS Director, Phoenix Area Indian Health Director, Western Oregon Service Unit, Service, Two Renaissance Square, 40 North Chemawa Indian Health Center, 3750 ABAD, SIMON ...... 6/20/2006 Central Avenue, Phoenix, Arizona 85004. Chemawa Road, NE, Salem, Oregon 97305– NATIONAL CITY, CA Director, Colorado River Service Unit, 1198. ADAMOS, NITA ...... 6/20/2006 Chemehuevi Indian Health Clinic, P.O. Box Director, Yakama Service Unit, Yakama NATIONAL CITY, CA 1858, Havasu Landing, California 92363. Indian Health Center, 401 Buster Road, AFLLEJE, JOAQUIN ...... 6/20/2006 Director, Colorado River Service Unit, Toppenish, Washington 98948. Havasupai Indian Health Station, P.O. Box NATIONAL CITY, CA Director, Tucson Area Indian Health Service, 129, Supai, Arizona 86435. ALLEMAN, MONICA ...... 6/20/2006 7900 South ‘‘J’’ Stock Road, Tucson, Director, Colorado River Service Unit, Parker DUSON, LA Arizona 85746–9352. Indian Health Center, 12033 Agency Road, ARAKELIAN, FARANZIM ...... 6/20/2006 Director, Pascua Yaqui Service Unit, Division Parker, Arizona 85344. 1DUBLIN, CA of Public Health, 7900 South ‘‘J’’ Stock Director, Colorado River Service Unit, Peach AVILES, DEISY ...... 6/20/2006 Road, Tucson, Arizona 85746. Springs Indian Health Center, P.O. Box HIALEAH, FL Director, San Xavier Indian Health Center, 190, Peach Springs, Arizona 86434. BAINS, MAHARAJ ...... 6/20/2006 7900 South ‘‘J’’ Stock Road, Tucson, Director, Colorado River Service Unit, INDIANAPOLIS, IN Arizona 85746. Sherman Indian High School, 9010 BARRETT, JAMES ...... 6/20/2006 Director, Sells Service Unit, Santa Rosa Magnolia Avenue, Riverside, California SPARTANBURG, SC Indian Health Center, HC01, Box 8700, 92503. BELLE, DEBBIE ...... 6/20/2006 Sells, Arizona 85634. Director, Elko Service Unit, Southern Bands CLEVELAND, OH Director, Sells Service Unit, Sells Indian Health Center, 515 Shoshone Circle, Elko, BENITEZ, MARIA ...... 6/20/2006 Hospital, P.O. Box 548, Sells, Arizona Nevada 89801. PHILADELPHIA, PA 85634. Director, Fort Yuma Service Unit, Fort Yuma BLEDSOE, DERRICK ...... 6/20/2006 Director, Sells Service Unit, West Side Health Indian Hospital, P.O. Box 1368, Fort Yuma, MEMPHIS, TN Station, P.O. Box 548, Sells, Arizona Arizona 85366. BOYD, CYRUS ...... 6/20/2006 85634. Director, Kearns Canyon Service Unit, Hopi MORGANTOWN, WV Health Care Center, P.O. Box 4000, Dated: June 8, 2006. BROUSSARD, MARK ...... 6/20/2006 Polacca, Arizona 86042 Robert G. McSwain, BEAUMONT, TX Director, Phoenix Service Unit, Phoenix Deputy Director, Indian Health Service. BUTLER, PAMELA ...... 6/20/2006 Indian Medical Center, 4212 North 16th BUNKIE, LA Street, Phoenix, Arizqna 85016. [FR Doc. 06–5410 Filed 6–14–06; 8:45 am] CAMACHO, MARJORIE ...... 6/20/2006 Director, Phoenix Service Unit, Salt River BILLING CODE 4165–16–M BROOKLYN, NY Health Center, 10005 East Osborn Road, CAPOTE, JOSE ...... 6/20/2006 Scottsdale, Arizona 85256. MIAMI, FL Director, San Carlos Service Unit, Bylas DEPARTMENT OF HEALTH AND CASTRO, ALFREDO ...... 9/8/2006 Indian Health Center, P.O Box 208, Bylas, HUMAN SERVICES NATIONAL CITY, CA Arizona 85550. CASTRO, AMPARO ...... 6/20/2006 Director, San Carlos Service Unit, San Carlos Office of Inspector General NATIONAL CITY, CA Indian Hospital, P.O. Box 208, San Carlos, COQUIA, SERGIO ...... 6/20/2006 Arizona 85550. Program Exclusions: May 2006 SAN DIEGO, CA Director, Schurz Service Unit, Schurz Service COQUIA, TARCELA ...... 6/20/2006 Unit Administration, Drawer A, Schurz, AGENCY: Office of Inspector General, SAN DIEGO, CA Nevada 89427. HHS. CORDERO, PATRIA ...... 7/8/2006

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FOSTER CITY, CA SAN DIEGO, CA OTISVILLE, NY CRUTCHFIELD, JONATHAN ... 6/20/2006 PARIS, ALIN ...... 6/20/2006 DOUGLAS, GA TROUTDALE, OR FELONY CONTROL SUBSTANCE CRUZ, HETTY ...... 6/20/2006 PARIS, MARIA ...... 6/20/2006 CONVICTION LORAIN, OH TROUTDALE, OR BROWDER, CARL ...... 6/20/2006 DE LOS SANTOS, LYDIA ...... 6/20/2006 POEPKE, RHONDA ...... 6/20/2006 NATIONAL CITY, CA DAYTON, TN LUFKIN, TX DELMONTE, DIGNA ...... 6/20/2006 BURGER, NANCY ...... 6/20/2006 SPRING VALLEY, CA PORTER, MELISSA ...... 6/20/2006 LIBERTY HILL, TX ELLICOTT, RUSSELL ...... 6/20/2006 SPARTANBURG, SC DALL, HOWARD ...... 6/20/2006 AUGUSTA, GA PUQUIZ, RODRIGO ...... 6/20/2006 BLUE BELL, PA ELMORE, TONYA ...... 6/20/2006 NATIONAL CITY, CA GARTSIDE, JENNIFER ...... 6/20/2006 HORN LAKE, MS RAMIREZ, RUPERTA ...... 6/20/2006 SAVANNAH, GA ESTRELLA, NESTOR ...... 6/20/2006 SAN DIEGO, CA HALL, DEBORAH ...... 6/20/2006 NORTH HILLS, CA ROSS–PEREZ, CHERYL ...... 6/20/2006 TULSA, OK EUGENCIO, PRUDENCIO ...... 6/20/2006 HAMMOND, IN HASSELL, AMY ...... 6/20/2006 NATIONAL CITY, CA ROXAS, FELIPE ...... 6/20/2006 LAPORTE, TX FLORES, SERAFIN ...... 6/20/2006 NATIONAL CITY, CA KEELEN, SUSAN ...... 6/20/2006 LONG BEACH, CA SIMIZON, TAMMY ...... 6/20/2006 STOCKTON, NJ KELLY, MAUREEN ...... 6/20/2006 FOX, HAROLD ...... 6/20/2006 NEWARK, NY HOLIDAY, FL MIAMI, FL SIMPSON, PATRICIA ...... 6/20/2006 GAELENS, DEBRA ...... 6/20/2006 LATOUR, TODD ...... 6/20/2006 OMAK, WA ROCHESTER, NY CINCINNATI, OH GARTMOND, CINDY ...... 6/20/2006 STANFORD, DARREN ...... 6/20/2006 MANION, EARL ...... 6/20/2006 ATLANTA, GA ASHLAND, KY ORANGE PARK, FL GERMAIN, MICHELLE ...... 6/20/2006 TANEJA, RAJIV ...... 6/20/2006 MASTERFIELD, LAURA ...... 6/20/2006 FREEPORT, NY YOUNGSTOWN, OH RIVERSIDE, CA GERMAIN, PHILIP ...... 6/20/2006 TRAN, HOANG–TRANG ...... 6/20/2006 OBI, OLIVER ...... 6/20/2006 FREEPORT, NY VISALIA, CA DULUTH, MN GONZALEZ–PINA, WITT, DON ...... 6/20/2006 SINGH, PARAMJIT ...... 6/20/2006 FREDESVINDA ...... 6/20/2006 MESA, AZ ST CLAIRSVILLE, OH HIALEAH, FL WITT, LISE ...... 6/20/2006 SOLIS, ARMANDO ...... 6/20/2006 HIDALGO, ALMA ...... 6/20/2006 MESA, AZ MIAMI, FL ROSWELL, GA HOWARD, BARBARA ...... 6/20/2006 FELONY CONVICTION FOR HEALTH CARE PATIENT ABUSE/NEGLECT CONVICTIONS LONOKE, AR FRAUD HUBBARD, DEBRA ...... 6/20/2006 AUSTIN, DOROTHY ...... 6/20/2006 PORTLAND, OR ALAS, ANN ...... 6/20/2006 LIMA, OH HUSSAIN, ABUL ...... 6/20/2006 BRONX, NY BERNARDEZ, LEOPOLDO ...... 6/20/2006 CAMP HILL, PA BOWERS, CLARKE ...... 6/20/2006 EVERETT, WA JAVIER, ELARDE ...... 6/20/2006 VILLANOVA, PA BRINER, BABETTE ...... 6/20/2006 LAKE WORTH, FL FOSTER CITY, CA ...... 7/8/2003 CLARKE–ROACH, BERNA- BROWN, SAM ...... 6/20/2006 JIMENEZ, HENRY ...... 6/20/2006 DETTE ...... 6/20/2006 DORAL, FL JONESBORO, AR PORT ST LUCIE, FL JOHNSON, ELIZABETH ...... 6/20/2006 CALDWELL, SAM ...... 6/20/2006 COLUCCI, THOMAS ...... 6/20/2006 ALDERSON, WV FRESNO, CA JONES, RUBYLENE ...... 6/20/2006 MASSAPEQUA, NY COMPO, CATHERINE ...... 6/20/2006 HOUSTON, TX COOPER, LARHONDA ...... 6/20/2006 PORT LEYDEN, NY JONES, SYLVIA ...... 6/20/2006 QUINCY, FL COUSE, PEGGY ...... 6/20/2006 WASHINGTON, DC GERSONIA, RAYE ...... 6/20/2006 ROCKVILLE, IN LAGMAY, MANUEL ...... 1/26/2006 CANANDAIGUA, NY CUNNINGHAM, TIFFANY ...... 6/20/2006 MILLERSVILLE, MD GIBSON, RICHARD ...... 6/20/2006 LUBBOCK, TX LAVARRO, FRANCIS ...... 6/20/2006 SEATTLE, WA DALEY, SUSAN ...... 6/20/2006 LOS ANGELES, CA KLUGE, LINDA ...... 6/20/2006 YARMOUTH, ME MACAULAY, REUBEN ...... 6/20/2006 LAKE GENEVA, WI DARLING, AMY ...... 6/20/2006 DALLAS, TX MODZELEWSKI, DONAL ...... 6/20/2006D UNION GROVE, WI MARTINEZ, LAZARO ...... 6/20/2006 DEER PARK, NY GENDRICH, JASON ...... 6/20/2006 MIAMI, FL OCHOA, VICTOR ...... 6/20/2006 WAUKESHA, WI MARTINEZ, SYLVIA ...... 6/20/2006 GUNNISON, CO GRANTHAM, JOSEPH ...... 6/20/2006 NATIONAL CITY, CA OLEVNIK, JOHN ...... 6/20/2006 CONWAY, AR MCRAE, ORITA ...... 6/20/2006 JACKSONVILLE, FL GULLO, LISA ...... 6/20/2006 WEST SENECA, NY ORLANDO, FL RAYNE, KEITH ...... 6/20/2006 MIRANDA, VIRGILIO ...... 6/20/2006 GURUNYAN, TEREZA ...... 6/20/2006 SANFORD, FL MIAMI, FL LOS ANGELES, CA REAGAN, MARSHA ...... 6/20/2006 NARRAMORE, JAMES ...... 6/20/2006 HAHN, JAMES ...... 6/20/2006 JENKINS, KY PURCELL, OK OKLAHOMA CITY, OK NELSON, CATHERINE ...... 6/20/2006 SCARBERRY, MAUREEN ...... 6/20/2006 HARRIS, SUSAN ...... 6/20/2006 MARINA DEL REY, CA LIVE OAK, CA FORT WORTH, TX OKON, JOHN ...... 6/20/2006 SEIBERS, JAMES ...... 6/20/2006 HARTSFIELD, CHRISTY ...... 6/20/2006 OTISVILLE, NY NASHVILLE, TN MARIANNA, FL OKUDA, JUNE ...... 6/20/2006 VESTAL, ROBERT ...... 6/20/2006 HAYES, SHERYL ...... 6/20/2006 SEATTLE, WA JACKSONVILLE, FL FORT ATKINSON, WI PADRIGO, RAFAEL ...... 6/20/2006 WHITE, LAWRENCE ...... 6/20/2006 HOWE, ANITA ...... 6/20/2006

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Effective Effective Effective Subject name, address date Subject name, address date Subject name, address date

WASHINGTON COURT- KILGORE, TX SCHENECTADY, NY HOUSE, OH ALVARADO, MICHELLE ...... 6/20/2006 COULON, MARILYN ...... 6/20/2006 HUGHES, JERRY ...... 6/20/2006 GLENDALE, AZ SCOTTSDALE, AZ MUSKOGEE, OK ANASTASIOW, MARY ...... 6/20/2006 COWSERT, ANTHONY ...... 6/20/2006 HUGHES, RAYMOND ...... 6/20/2006 NEW YORK, NY SOUTH BEND, IN AIRWAY HEIGHTS, WA ARMSTRONG, THOMAS ...... 6/20/2006 CRANNEY, TRACY ...... 6/20/2006 IBEH, CYRIACUS ...... 6/20/2006 PUEBLO, CO MINDEN, NV LAUREL, MD ASHIKIS, MARTHA ...... 6/20/2006 CRAWLEY, CINDY ...... 6/20/2006 JOHNSON, EDWARD ...... 6/20/2006 VIRGINIA BEACH, VA LOUISVILLE, MS MOBILE, AL BALA, ROBERT-JOSEPH ...... 6/20/2006 CURTIS, MARLA ...... 6/20/2006 KAPHERR, JAMES ...... 6/20/2006 GAINESVILLE, FL TEMPLE, TX DALTON, GA BEAUGRAND, CHRISTINE ..... 6/20/2006 DAVIES, GLADYS ...... 6/20/2006 KARAMITROS, DENNIS ...... 6/20/2006 PALM HARBOR, FL TALLAHASSEE, FL MARION, IA BEGAY, EARL ...... 6/20/2006 DEGREENIA, MELISSA ...... 6/20/2006 KERBO, SHERRIE ...... 6/20/2006 PHOENIX, AZ WEST BURKE, VT OKLAHOMA CITY, OK BENJAMIN, MARY ...... 6/20/2006 DELUCA, PAMELA ...... 6/20/2006 KROEHLER, BRITTANY ...... 6/20/2006 PHOENIX, AZ WARMINSTER, PA LE SUEUR, MN BHASIN, SUNIL ...... 6/20/2006 DENT, AMY ...... 6/20/2006 LATA, ROSHNI ...... 6/20/2006 SAN BERNARDINO, CA LITTLEFIELD, TX BAKERSFIELD, CA BIGGS, LISA ...... 6/20/2006 DIXON, CHAD ...... 6/20/2006 LEDFORD, REBECCA ...... 6/20/2006 CHINO VALLEY, AZ CAVE CREEK, AZ GOOD THUNDER, MN BLOOM, BILLIE ...... 6/20/2006 DOMINGUEZ, ANDREWLEY ... 6/20/2006 LINDSEY, JAYMI ...... 6/20/2006 CANYON COUNTRY, CA YUMA, AZ COWETA, OK BOLDS, DAN ...... 6/20/2006 DOVE, DANA ...... 6/20/2006 NORDINE, GAYLORD ...... 6/20/2006 PALM CITY, FL VERNON HILLS, IL W DES MOINES, IA BOSTOCK, ROBERT ...... 6/20/2006 DUREN, RUTH ...... 6/20/2006 POOLE, MILTON ...... 6/20/2006 GILROY, CA PORT ST LUCIE, FL TEMPLE HILLS, MD BOYD, SAMUEL ...... 6/20/2006 FEDERROLL, SUSAN ...... 6/20/2006 SADANG, FELOIDA ...... 6/20/2006 NASHVILLE, TN CROWNSVILLE, MD EWA BEACH, HI BRAUN, ROBERT ...... 6/20/2006 FERMANIS, DEBRA ...... 6/20/2006 SIMS, DARNELL ...... 6/20/2006 LOS ANGELES, CA HAMPTON, VA CLEVELAND, OH BRAWN, PETER ...... 6/20/2006 FORD, PATRICIA ...... 6/20/2006 STONE, NANCY ...... 6/20/2006 KEY WEST, FL BRUSH, CO ANNAPOLIS, MD BRISTOL, FELICIA ...... 6/20/2006 FOSS, MARY ...... 6/20/2006 USSERY, KATHERINE ...... 6/20/2006 BROOKSVILLE, FL ST PETERSBURG, FL OKLAHOMA CITY, OK BRODERSON, JOE ...... 6/20/2006 FOWLER, REBECKA ...... 6/20/2006 WAIT, BERT ...... 6/20/2006 LEXINGTON, KY RENTON, WA SHELTON, WA BROKOP, KATHLEEN ...... 6/20/2006 FULLER, ANNE ...... 6/20/2006 WATSON, CASSANDRA ...... 6/20/2006 PHOENIX, AZ HENDERSON, KY ST PETERSBURG, FL BROOKS, MICHAEL ...... 6/20/2006 GARCIA, JOHN ...... 6/20/2006 WHEELER, KAMARY ...... 6/20/2006 PHOENIX, AZ OREGON HOUSE, CA TUTTLE, OK BROWN, LISA ...... 6/20/2006 GILLET, DONNA ...... 6/20/2006 WHELAN, LAUREL ...... 6/20/2006 JACKSON, MS AURORA, CO FRESNO, CA BUDGE, JENNIFER ...... 6/20/2006 GILLIAM, LAURIE ...... 6/20/2006 WILLIAMS, LATRICE ...... 6/20/2006 MONTICELLO, UT CARROLLTON, AL ST PETERSBURG, FL BUELL, TYLER ...... 6/20/2006 GRAHAM, LISA ...... 6/20/2006 WITTENAUER, HELEN ...... 6/20/2006 LAFAYETTE, LA DENVER, CO JEFFERSONVILLE, IN BURFORD, JAMI ...... 6/20/2006 GRAY, SCOTT ...... 6/20/2006 WOMACK, JOHNNY ...... 6/20/2006 FAYETTEVILLE, NC GLENDALE, AZ AMITE, LA BURKE, DAVID ...... 6/20/2006 HALEY, BRIAN ...... 6/20/2006 YOUNG, WILLIAM ...... 6/20/2006 NORCROSS, GA MEMPHIS, TN ABERDEEN, WA BUTLER, ZELDA ...... 6/20/2006 HANKS, GARY ...... 6/20/2006 WINTER HAVEN, FL PHOENIX, AZ CONVICTION FOR HEALTH CARE FRAUD CARROLL, EILEEN ...... 6/20/2006 HANSEN, BEVERLY ...... 6/20/2006 ORANGE, CA OCEAN RIDGE, FL MCCANTS, ALEATHA ...... 6/20/2006 CARROLL, JANET ...... 6/20/2006 HARRIS, DEBORAH ...... 6/20/2006 HAINES CITY, FL JONESBORO, AR PHOENIX, AZ CARTER, WILLIAM ...... 6/20/2006 HAWK, CONNIE ...... 6/20/2006 LICENSE REVOCATION/SUSPENSION/ PETERSBURG, VA BENSALEM, PA SURRENDERED CLARK, AMANDA ...... 6/20/2006 HELTON, KELLY ...... 6/20/2006 MONTICELLO, MS BOCA RATON, FL ADAIR, JAMES ...... 6/20/2006 CLARKE, MARIE ...... 6/20/2006 HERRINGTON, CATHERINE ... 6/20/2006 ALTAMONTE SPRINGS, FL LAUDERDALE LAKES, FL PANAMA CITY, FL ADAMS, MARY ...... 6/20/2006 CLEVELAND, CHARLES ...... 6/20/2006 HIGHTOWER, KIMBERLY ...... 6/20/2006 ST PETERSBURG, FL RIDGELAND, MS SUNRISE, FL ADAMS, RICHARD ...... 6/20/2006 COLE, SONYA ...... 6/20/2006 HOBBS, SHEILA ...... 6/20/2006 PLATTSBURGH, NY DEKALB, MS LOUISBURG, NC ADKINS, STEPHANIE ...... 6/20/2006 COLORADO, NICOLAS ...... 6/20/2006 HOLBROOKS, RONETTA ...... 6/20/2006 VIRGIE, KY TAMPA, FL ROCKHOUSE, KY ALGARIN, FIDEL ...... 6/20/2006 COLTON, JANICE ...... 6/20/2006 HOLM, MICHAEL ...... 6/20/2006 DOTHAN, AL PLANTATION, FL NORTH LAS VEGAS, NM ALIM, ALBERT ...... 6/20/2006 COLVER, MONETTE ...... 6/20/2006 HOPKINS, HOLLY ...... 6/20/2006 BRONX, NY LOS ANGELES, CA PORTAGE, IN ALLEN, TERRIA ...... 6/20/2006 COLVILLE, JENNIFER ...... 6/20/2006 HUDSON, CHARLES ...... 6/20/2006

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Effective Effective Effective Subject name, address date Subject name, address date Subject name, address date

SIGNAL MOUNTAIN, TN OLMSTEAD, KY GOURA HILLS, CA JACKSON, THERESSA ...... 6/20/2006 MANKIN, TINA ...... 6/20/2006 PERRY, MICHELLE ...... 6/20/2006 SCOTTSVILLE, TX COLUMBUS, IN GLENDALE, AZ JAMESON, FRED ...... 6/20/2006 MARJERRISON, VALERIE ...... 6/20/2006 PESCIOTTA, BARBARA ...... 6/20/2006 PHOENIX, AZ ELLENSBURG, WA TOMS RIVER, NJ JEAN-LOUIS ...... 6/20/2006 MARSH, MICHAEL ...... 6/20/2006 PHILLIPS, RACHEL ...... 6/20/2006 HOOVER, BRONX, NY PANJACHEL SOLOLA CA, GAFFNEY, SC JEWETT, RONALD ...... 6/20/2006 XX PHOLERIC, JOHN ...... 6/20/2006 LAS VEGAS, NV MATHIS, PAMELA ...... 6/20/2006 HERNDON, VA JOHNSON, SHARON ...... 6/20/2006 TISHOMINGO, MS PIERANGELINO, KAREN ...... 6/20/2006 QUITMAN, MS MAY, MICKEY ...... 6/20/2006 VIRGINIA BEACH, VA JONES, ARKISHA ...... 6/20/2006 PHOENIX, AZ PIERRE, ALETE ...... 6/20/2006 LAKELAND, FL MCCAFFITY, LAURETTA ...... 6/20/2006 W PALM BEACH, FL JOYNER, BRADLEY ...... 6/20/2006 HAVENLOCK, NC PLATE, SANDRA ...... 6/20/2006 BOWLING GREEN, KY MCGOWAN, DONNA ...... 6/20/2006 PRESCOTT VALLEY, AZ JURGENSEN, SANDRA ...... 6/20/2006 PROVIDENCE, RI PLATZEK, BRUCE ...... 6/20/2006 PINELLAS PARK, FL MCGRAW, JOHN ...... 6/20/2006 JENSEN BEACH, FL KALANI, WAYNE ...... 6/20/2006 VENICE, FL PLUMMER, STEPHANIE ...... 6/20/2006 HENDERSON, NV MCGUIRE, BRADFORD ...... 6/20/2006 MIDWEST CITY, OK KENNEDY, JEFFREY ...... 6/20/2006 GULF BREEZE, FL PRIOR, SANDRA ...... 6/20/2006 CHATTANOOGA, TN MCLAUCHLAN, MELISSA ...... 6/20/2006 ST PETERSBURG, FL KING, ISABEL ...... 6/20/2006 OLALLA, WA PULIZZI, MICHAEL ...... 6/20/2006 BULLHEAD CITY, AZ MCLAUGHLIN, KERRY ...... 6/20/2006 S WILLIAMSPORT, PA KOENIG, MARK ...... 6/20/2006 WOBURN, MA QUEENER, SHARON ...... 6/20/2006 FLORENCE, MS MCPHERSON, LEIGH ...... 6/20/2006 JACKSBORO, TN KOHLER, LISA ...... 6/20/2006 LEXINGTON, KY QUESENBERRY, LOWELL ..... 6/20/2006 LAKELAND, FL MCQUEEN, VIRGINIA ...... 6/20/2006 WAKEFIELD, VA KOSICH, MARTIN ...... 6/20/2006 JONESBOROUGH, TN QUINN, JOHN ...... 6/20/2006 CATSKILL, NY MEDINA, JOEY ...... 6/20/2006 GLEN ROCK, NJ KRUGER, CHERYL ...... 6/20/2006 HENDERSON, NV QUINONEZ, ALEXANDER ...... 6/20/2006 SALT LAKE CITY, UT MERRELL, STUART ...... 6/20/2006 TUCSON, AZ KUBICSEK, KATHY ...... 6/20/2006 SALT LAKE CITY, UT RAINES, MARION ...... 6/20/2006 PHOENIX, AZ MESSINA, MADELYN ...... 6/20/2006 CLEVELAND, MS KUNERT, RACHEL ...... 6/20/2006 MOBILE, AL RATLIFF, APRIL ...... 6/20/2006 DENVER, CO MILLER, GLENN ...... 6/20/2006 SEVIERVILLE, TN KUSMIERZ, PAULA ...... 6/20/2006 ANTA MONICA, CA RAY, VALINDA ...... 6/20/2006 NORTHRIDGE, CA MILLER, LISA ...... 6/20/2006 RUSSELLTON, PA LAIGO, LORRAINE ...... 6/20/2006 CORNWELLS HGHTS, PA RAYMOND, DIXIE ...... 6/20/2006 PITTSBURG, CA MISHLER, MONTE ...... 6/20/2006 OKEECHOBEE, FL LANCASTER, SHAWNA ...... 6/20/2006 PENSACOLA, FL RICH, KELLY ...... 6/20/2006 AVONDALE, AZ SOMERSET, KY MITCHELL, VINCENT ...... 6/20/2006 RICKABAUGH, DONALD ...... 6/20/2006 LANE, ALISA ...... 6/20/2006 PHOENIX, AZ NEWPORT BEACH, CA MONTICELLO, AR MOORE, PAULA ...... 6/20/2006 RIVAS, MARITZA ...... 6/20/2006 LARKIN, TINA ...... 6/20/2006 MORGANTON, NC POMONA, CA LONG BEACH, CA MORGAN, RUSSELL ...... 6/20/2006 RODGERS, MARY ...... 6/20/2006 LARSON, SPICIE ...... 6/20/2006 PLAINFIELD, IL CLARKSDALE, MS TUCSON, AZ MUGGLI, ROBERT ...... 6/20/2006 ROGERS, DANA ...... 6/20/2006 LATNER-BROWN, SUSAN ...... 6/20/2006 LAKESIDE, AZ BLOOMFIELD, KY MIDDLEBURG, FL NICHOLAS, BARBARA ...... 6/20/2006 ROSE, TIMOTHY ...... 6/20/2006 LAWTON, POLLY ...... 6/20/2006 HOUSTON, TX ROANOKE RAPIDS, NC CORINTH, MS NNP, INC, ...... 6/20/2006 ROSENTHAL, BERTRAM ...... 6/20/2006 LAYTON, AMANDA ...... 6/20/2006 HONOLULU, HI ENCINO, CA ST PETERSBURG, FL NOEL, KELVIN ...... 6/20/2006 ROSS, CASEY ...... 6/20/2006 LOGAN, AMY ...... 6/20/2006 LOS ANGELES, CA TACOMA, WA TULSA, OK NORBERTO, ALBINO ...... 6/20/2006 RUTH, DANIEL ...... 6/20/2006 LONDON, HOWARD ...... 6/20/2006 JENSEN BEACH, FL OAK ISLAND, NC MIAMI, FL NUWER, APRIL ...... 6/20/2006 RYAN, DONALD ...... 6/20/2006 LONGO, WILLIAM ...... 6/20/2006 FT MYERS, FL STOCKTON, CA PINESVILLE, LA NYGREN, MARCUS ...... 6/20/2006 SALAMI, MOHAMMAD ...... 6/20/2006 LOVE, TINIYA ...... 6/20/2006 BOCA RATON, FL HOMESTEAD, FL PALMETTO, FL O’KEEFE, JOAN ...... 6/20/2006 SANCHEZ, RICHARD ...... 6/20/2006 LOYA, LEANA ...... 6/20/2006 ANAHEIM, CA LAKE WORTH, FL TUCSON, AZ OSBORNE, PATRICIA ...... 6/20/2006 SCHLAUCH, SUZANNE ...... 6/20/2006 LUNDY, WAYNE ...... 6/20/2006 NEW BEDFORD, MA TUCSON, AZ COLUMBUS, GA OWENS, NINA ...... 6/20/2006 SCHLITT, MARY ...... 6/20/2006 LUNN, JUDY ...... 6/20/2006 CROSSVILLE, TN VERO BEACH, FL PEORIA, AZ PARKER, REBECCA ...... 6/20/2006 SCHLUETER, MARY ...... 6/20/2006 MAAS, LORI ...... 6/20/2006 CLAYVILLE, RI FT COLLINS, CO RALEIGH, MS PARTIN, CHARLES ...... 6/20/2006 SERNEELS, RUTH ...... 6/20/2006 MADDOX MARTINEZ, PUEBLO, CO PINEVILLE, KY SHAUNA ...... 6/20/2006 PERCIVAL, ERIN ...... 6/20/2006 SHADLE, KAREN ...... 6/20/2006 GEORGETOWN, TX LEHIGH ACRES, FL OAKLAND, CA MALLORY, CINDY ...... 6/20/2006 PEREL, MICHAEL ...... 6/20/2006 SHERRY, KENNETH ...... 6/20/2006

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Dated: June 7, 2006. Subject name, address Effective Subject name, address Effective date date Maureen R. Byer, Director, Exclusions Staff, Office of Inspector PRESCOTT VALLEY, AZ WASHINGTON, DC General. SHETLER, TERRY ...... 6/20/2006 INTERNATIONAL HEALTH SARASOTA, FL CARE SVCS, INC ...... 1/26/2006 [FR Doc. E6–9339 Filed 6–14–06; 8:45 am] SHIELDS, FRANK ...... 6/20/2006 WASHINGTON, DC BILLING CODE 4152–01–P KIRKLAND, WA TINNIN, LOUIS ...... 3/27/2006 SIMBECK, HEATHER ...... 6/20/2006 BRUCETON MILLS, WV SOUTH BEND, IN SINNOTT, KAREN ...... 6/20/2006 DEPARTMENT OF HEALTH AND OWNED/CONTROLLED BY CONVICTED/ HUMAN SERVICES POLK CITY, FL ENTITIES SKINNER, MOLLY ...... 6/20/2006 FLORENCE, KY ADVANCED MEDICAL SUP- Substance Abuse and Mental Health SLATER, DARLENE ...... 6/20/2006 PLIERS, INC ...... 6/20/2006 Services Administration (SAMHSA) SURPRISE, AZ HAMMOND, IN SMITH, CHERYL ...... 6/20/2006 CAROLINE STREET CLINIC, Notice of a Meeting ROBBINS, NC SMITH, MARSHALENE ...... 6/20/2006 INC ...... 6/20/2006 PFLUGERVILLE, TX KEY WEST, FL Pursuant to Public Law 92–463, SNYDER, GEOFFREY ...... 6/20/2006 COMPREHENSIVE HEALTH notice is hereby given of a meeting of LEWISVILLE, OH PROFESSIONAL REHAB the Substance Abuse and Mental Health SOFIA MASSAGE STUDIO ..... 6/20/2006 CORP ...... 6/20/2006 Services Administration (SAMHSA) MIAMI, FL ST PETERSBURG, FL National Advisory Council in June 2006. SOLIMAN, HODA ...... 6/20/2006 FREDESVINDA M GON- TORRANCE, CA ZALEZ-PINA, MD, PA ...... 6/20/2006 The SAMHSA Council will meet in an ST JOHN, MICHELLE ...... 6/20/2006 HIALEAH, FL open session on June 29 from 9 a.m. to TAMPA, FL GAMBLE-MCKEE PARTNER- 3:30 p.m. The meeting will include a STEPHENSON, FLORA ...... 6/20/2006 SHIP, LLC ...... 6/20/2006 report from the SAMHSA HARTSELLE, AL SHREVEPORT, LA STERLING, HARLEY ...... 6/20/2006 GUEST CARE MANAGEMENT Administrator, a presentation on ORANGE, CA OF TEXAS LLC ...... 6/20/2006 SAMHSA’s international activities, and SUFFRIDGE, SHERRY ...... 6/20/2006 SHREVEPORT, LA an update on SAMHSA’s Access to ROGERSVILLE, TN MAROUDAS CHIROPRACTIC Recovery (ATR) program. In addition, SWAFFORD, JESSE ...... 6/20/2006 CLINIC ...... 6/20/2006 PHOENIX, AZ the recipient of a SAMHSA ATR grant GILROY, CA will describe his State’s approach to TASCHMAN, MARSHALL ...... 6/20/2006 MARSHALL G TASCMAN, MD, CORAL SPRINGS, FL PA ...... 6/20/2006 implementing the program. TAYLOR, TIANN ...... 6/20/2006 STUART, FL CLINTON, NJ Attendance by the public will be THOMAS, PATRICE ...... 6/20/2006 NATIONAL MEDICAL SYSTEM limited to the space available. Public CARROLLTOWN, PA & SUPPLIES, INC ...... 6/20/2006 comments are welcome. Please THOMAS, SANDRA ...... 6/20/2006 MIAMI, FL communicate with the individual listed PENNACLE REHAB SERV- KING WILLIAM, VA as contact below to make arrangements TURCHIARO, MICHELLE ...... 6/20/2006 ICES OF FLORIDA, INC ...... 6/20/2006 TAMPA, FL MIAMI, FL to comment or to request special VALENTIN, VICTOR ...... 6/20/2006 STROHBACH CHIRO- accommodations for persons with PERRIS, CA PRACTIC, INC ...... 6/20/2006 disabilities. FONTANA, CA WAGNER, JILL ...... 6/20/2006 Substantive program information, a SCOTTSDALE, AZ TKO PHARMACY ...... 6/20/2006 WALDRUP, KELLIE ...... 6/20/2006 WASILLA, AK summary of the meeting, and a roster of ARDEN, NC Council members may be obtained after WARREN, LA’SHONDA ...... 6/20/2006 DEFAULT ON HEAL LOAN the meeting by contacting Ms. Toian COLORADO SPRINGS, CO Vaughn (see contact information below) WEBSTER, AGNES ...... 6/20/2006 ALLEN, DAVID ...... 6/20/2006 WEST TERRE HAUTE, IN CORTE MADERA, CA or by accessing the SAMHSA Council WEEMS, KAREN ...... 6/20/2006 GLICKMAN, HAGIT ...... 6/20/2006 Web site at http://www.samhsa.gov/ TUMWATER, WA SAN FRANCISCO, CA council. The transcript for the meeting WELCH, BARBARA ...... 6/20/2006 ILIOU, CLAUDE ...... 6/20/2006 will also be available on the SAMHSA TEMPE, AZ PUNTA GORDA, FL Council Web site within 3 weeks after WHITING, MICHAL ...... 6/20/2006 JONES, JAMES ...... 6/20/2006 LOVELOCK, NV COLLEGEVILLE, PA the meeting. WITTORF, MICHAEL ...... 6/20/2006 KOCHA, PAUL W ...... 6/20/2006 Committee Name: SAMHSA National MORGANTOWN, PA HOLLYWOOD, CA Advisory Council. WORTHAM, CATHERINE ...... 6/20/2006 MCGHEE, MICHAEL ...... 6/20/2006 LATONIA, KY SAN JOSE, CA Date/Time: Thursday, June 29, 2006, YOUNG, CONNIE ...... 6/20/2006 MOON, LARRY ...... 6/20/2006 9 a.m. to 3:30 p.m. (Open). LAKE WACCAMAW, NC GILROY, CA Place: 1 Choke Cherry Road, Sugar ZAKY, WASSIM ...... 6/20/2006 PEOPLES, DOUGLAS ...... 6/20/2006 Loaf and Seneca Conference Rooms, HUNTINGTON PARK, CA PETERSBURG, VA ZUCKERMAN, ALLAN ...... 6/20/2006 PRINS, LESLIE ...... 6/20/2006 Rockville, Maryland 20857. LOS ANGELES, CA ALAMEDA, CA Contact: Ms. Toian Vaughn, Executive SLOAN, SCOT ...... 6/20/2006 FRAUD/KICKBACKS/PROHIBITED ACTS/ Secretary, SAMHSA National Advisory ORLANDO, FL Council and SAMHSA Committee SETTLEMENT AGREEMENTS SPAULDING, KARLA ...... 6/20/2006 SAN FRANCISCO, CA Management Officer, 1 Choke Cherry HEALTH FORCE ONE ...... 1/26/2006 Road, Room 8–1089, Rockville,

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Maryland 20857. Telephone: (240) 276– SUPPLEMENTARY INFORMATION: CBP Dated: June 6, 2006. 2307; FAX: (240) 276–2220. E-mail: invites the general public and other Tracey Denning, [email protected]. Federal agencies to comment on Agency Clearance Officer, Information Dated: June 8, 2006. proposed and/or continuing information Services Group. Toian Vaughn, collections pursuant to the Paperwork [FR Doc. E6–9159 Filed 6–14–06; 8:45 am] Reduction Act of 1995 (Pub. L. 104–13; Executive Secretary, SAMHSA National BILLING CODE 9111–14–P Advisory Council and SAMHSA Committee 44 U.S.C. 3505(c)(2)). The comments Management Officer. should address: (a) Whether the [FR Doc. E6–9341 Filed 6–14–06; 8:45 am] collection of information is necessary DEPARTMENT OF HOMELAND for the proper performance of the SECURITY BILLING CODE 4162–20–P functions of the agency, including whether the information shall have Secret Service practical utility; (b) the accuracy of the DEPARTMENT OF HOMELAND agency’s estimates of the burden of the Notice of Proposed Information SECURITY collection of information; (c) ways to Collection Bureau of Customs and Border enhance the quality, utility, and clarity SUMMARY: The U.S. Department of Protection of the information to be collected; (d) Homeland Security, Office of the Chief ways to minimize the burden including Information Officer, invites comments Proposed Collection; Comment the use of automated collection on the proposed information collection Request; Application for Identification/ techniques or the use of other forms of request as required by the Paperwork Smart Card information technology; and (e) Reduction Act of 1995. Currently, the estimates of capital or start-up costs and U.S. Secret Service, within the U.S. AGENCY: Bureau of Customs and Border costs of operations, maintenance, and Department of Homeland Security is Protection (CBP), Department of purchase of services to provide soliciting comments concerning the SSF Homeland Security. information. The comments that are 3237, Contractor Personnel Access ACTION: Notice and request for submitted will be summarized and Application Form. comments. included in the CBP request for Office DATES: Interested persons are invited to of Management and Budget (OMB) SUMMARY: As part of its continuing effort submit comments on or before August approval. All comments will become a 14, 2006. to reduce paperwork and respondent matter of public record. In this burden, CBP invites the general public document CBP is soliciting comments ADDRESSES: Direct all written comments and other Federal agencies to comment concerning the following information to United States Secret Service, Security on an information collection collection: Clearance Division, Attn: ATSAIC requirement concerning the Application Title: Application for Identification/ Lawrence Tucker, Clearance and Access for Identification/Smart Card. This Smart Card. Branch, 950 H St., NW., Washington, DC request for comment is being made OMB Number: 1651–0008. 20223, Suite 3800, 202/406–5830 ([email protected]). pursuant to the Paperwork Reduction Form Number: CBP Form-3078. Individuals who use a Act of 1995 (Pub. L. 104–13; 44 U.S.C. Abstract: CBP Form 3078 is used by telecommunications device for the deaf 3505(c)(2)). CBP is proposing that this licensed Cartmen, Lightermen, (TDD) may either call the Federal information collection be extended with Warehousemen, brokerage firms, foreign Information Relay Service (FIRS) at 1– no change to the burden hours. This trade zones, container station operators, 800–877–8339 or call directly (TTY) document is published to obtain their employees, and employees 202–406–5390. comments form the public and affected requiring access to CBP secure areas to agencies. This proposed information apply for an identification card so that FOR FURTHER INFORMATION CONTACT: collection was previously published in they may legally handle merchandise Requests for additional information or the Federal Register (71 FR 12385) on which is in CBP custody. copies of the form(s) and instructions March 10, 2006, allowing for a 60-day Current Actions: There are no changes should be directed to: United States comment period. This notice allows for to the information collection. This Secret Service, Security Clearance an additional 30 days for public submission is being submitted to extend Division, Attn: ATSAIC Lawrence comments. This process is conducted in the expiration date. Tucker, Clearance and Access Branch, accordance with 5 CFR 1320.10. Type of Review: Extension (without 950 H St., NW., Washington, DC 20223, DATES: Written comments should be change). Suite 3800, 202/406–5979. Telephone received on or before July 17, 2006, to Affected Public: Business or other for- number: (202) 406–5830. be assured of consideration. profit institutions. ([email protected]). ADDRESSES: Direct all written comments Estimated Number of Responses: SUPPLEMENTARY INFORMATION: Section to Bureau of Customs and Border 46,050. 3506 of the Paperwork Reduction Act of Protection, Information Services Group, Estimated Time Per Respondent: 13 1995 (44 U.S.C. chapter 35) requires Attn.: Tracey Denning, 1300 minutes. each Federal agency to provide Pennsylvania Avenue, NW., Room 3.2C, Estimated Total Annual Burden interested Federal agencies and the Washington, DC 20229. Hours: 9,962. public an early opportunity to comment FOR FURTHER INFORMATION CONTACT: Estimated Total Annualized Cost on on information collection requests. The Written comments and/or suggestions the Public: N/A. notice for this proposed information regarding the items contained in this Requests for additional information collection contains the following: (1) notice, especially the estimated public should be directed to Bureau of Customs The name of the component of the U.S. burden and associated response time, and Border Protection, Attn.: Tracey Department of Homeland Security; (2) should be directed to the Office of Denning, 1300 Pennsylvania Avenue Type of review requested, e.g., new, Management and Budget Desk Officer at NW., Room 3.2C, Washington, DC revision, extension, existing or [email protected]. 20229, Tel. (202) 344–1429. reinstatement; (3) OMB Control

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Number, if applicable; (4) Title; (5) Dated: June 9, 2006. proposed use of, the information; (7) Summary of the collection; (6) Sharon Johnson, Respondents and frequency of Description of the need for, and Chief—Policy Analysis and Organizational collection; and (8) Reporting and/or proposed use of, the information; (7) Development Branch, U.S. Secret Service, Recordkeeping burden. The Department Respondents and frequency of U.S. Department of Homeland Security. of Homeland Security invites public collection; and (8) Reporting and/or [FR Doc. E6–9325 Filed 6–14–06; 8:45 am] comment. Recordkeeping burden. BILLING CODE 4810–42–P The Department of Homeland The Department of Homeland Security is especially interested in Security invites public comment. DEPARTMENT OF HOMELAND public comment addressing the The Department of Homeland SECURITY following issues: (1) Is this collection Security is especially interested in necessary to the proper functions of the public comment addressing the Secret Service Department, including whether the following issues: (1) Is this collection information will have practical utility; Notice of Proposed Information necessary to the proper functions of the (2) is the estimate of burden for this Collection Department, including whether the information collection accurate; (3) how information will have practical utility; SUMMARY: The U.S. Department of might the Department enhance the (2) is the estimate of burden for this Homeland Security, Office of the Chief quality, utility, and clarity of the information collection accurate; (3) how Information Officer, invites comments information to be collected; and (4) how might the Department enhance the on the proposed information collection quality, utility, and clarity of the might the Department minimize the request as required by the Paperwork burden of this collection on the information to be collected; and (4) how Reduction Act of 1995. Currently, the might the Department minimize the respondents, including through the use U.S. Secret Service, within the U.S. of information technology. burden of this collection on the Department of Homeland Security is respondents, including through the use soliciting comments concerning the SSF Abstract: Respondents are all Secret of information technology. 86A, Supplemental Investigative Data. Service applicants. These applicants, if Abstract: Respondents are all Secret DATES: Interested persons are invited to approved for hire, will require a Top Service contractor personnel requiring submit comments on or before August Secret Clearance, and possible SCI access to Secret Service controlled 14, 2006. Access. Responses to questions on the facilities in performance of their ADDRESSES: Direct all written comments SSF 86A yields information necessary contractual duties. These contractors, if to United States Secret Service, Security for the adjudication for eligibility of the approved for access, will require Clearance Division, Attn: Althea clearance, as well as ensuring that the escorted, unescorted, and staff-like Washington, Personnel Security Branch, applicant meets all internal agency access to Secret Service controlled 950 H St., NW., Washington, DC 20373– requirements. facilities. Responses to questions on the 5824, Suite 3800, 202/406–5830. United States Secret Service SSF 3237 yield information necessary Individuals who use a for the adjudication of eligibility for telecommunications device for the deaf Title: Supplemental Investigative facility access. (TDD) may either call the Federal Data. Information Relay Service (FIRS) at 1– United States Secret Service OMB Control Number: 1620–0001. 800–877–8339 or call directly (TTY) Title: Contractor Personnel Access 202–406–5390. Form Number: SSF 86A. Application. FOR FURTHER INFORMATION CONTACT: Frequency: Occasionally. OMB Number: 1620–0002. Requests for additional information or Type of Review: Extension of a Form Number: SSF 3237. copies of the form(s) and instructions currently approved collection. Frequency: Occasionally. should be directed to: United States Secret Service, Security Clearance Affected Public: Individuals. Type of Review: Extension of a Division, Attn: Robin DeProspero- Reporting and Recordkeeping Hour currently approved collection. Philpot, Security Clearance Division, Burden: Affected Public: Individuals or 950 H Street, NW., Washington, DC Responses: 10,000. Households/Business. 20373–5824. Telephone number: (202) Estimated Number of Respondents: 406–5830. Burden Hours: 30,000. 5000. SUPPLEMENTARY INFORMATION: Section Dated: June 9, 2006. Estimated Time per Respondent: 15 3506 of the Paperwork Reduction Act of Sharon Johnson, minutes. 1995 (44 U.S.C. chapter 35) requires Branch Chief—Policy Analysis and Estimated Total Annual Burden each Federal agency to provide Organizational Development Branch, U.S. Hours: 1250 hours. interested Federal agencies and the Secret Service, U.S. Department of Homeland public an early opportunity to comment Estimated Total Burden Cost (capital/ Security. on information collection requests. The [FR Doc. E6–9326 Filed 6–14–06; 8:45 am] startup): None. notice for this proposed information BILLING CODE 4810–42–P Total Burden Cost (operating/ collection contains the following: (1) maintaining): None. The name of the component of the U.S. Comments submitted in response to Department of Homeland Security; (2) this comment request will be Type of review requested, e.g. new, summarized and/or included in the revision, extension, existing or request for Office of Management and reinstatement; (3) OMB Control Budget approval of the information Number, if applicable; (4) Title; (5) collection request; they will also Summary of the collection; (6) become a matter of public record. Description of the need for, and

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DEPARTMENT OF HOMELAND beneficiaries and their employers may Why did the Secretary of Homeland SECURITY determine which EADs are Security decide to extend the TPS automatically extended. designation for El Salvador? U.S. Citizenship and Immigration DATES: Effective Dates: The extension of On March 19, 2001, a Notice was Services TPS for El Salvador is effective published in the Federal Register, at 66 [CIS No. 2382–06; DHS Docket No. USCIS– September 9, 2006, and will remain in FR 14214, designating El Salvador for 2006–0005] effect until September 9, 2007. The 60- TPS due to the devastation caused by a day re-registration period begins on July series of severe earthquakes. Subsequent RIN 1615–ZA34 3, 2006, and will remain in effect until to that date, the Attorney General, and Extension of the Designation of September 1, 2006. To facilitate the Secretary of Homeland Security Temporary Protected Status for El processing of their applications, have extended TPS for El Salvador three Salvador; Automatic Extension of applicants are strongly encouraged to times, determining in each instance that Employment Authorization file as soon as possible after the start of the conditions warranting the Documentation for El Salvadorian TPS the 60-day re-registration period of July designation continued to be met. 67 FR Beneficiaries 3, 2006. 46000, 68 FR 42071, 70 FR 1450. To FOR FURTHER INFORMATION CONTACT: notify individuals of the current AGENCY: U.S. Citizenship and Jonathan Crawford, Status and Family extension, the Secretary published a Immigration Services, Department of Branch, Service Center Operations, U.S. Notice in the Federal Register on Homeland Security. Citizenship and Immigration Services, January 5, 2005, at 70 FR 1450. That ACTION: Notice. Department of Homeland Security, 111 extension became effective on March 9, Massachusetts Avenue, NW., 3rd Floor, 2005, and is due to end on September SUMMARY: Prior to a recent Washington, DC 20529, telephone (202) 9, 2006. determination by the Secretary of 272–8350. This is not a toll free number. Since the date of the current Homeland Security, the designation for extension, DHS and the Department of El Salvador of Temporary Protected SUPPLEMENTARY INFORMATION: State (DOS) have continued to review Status (TPS) was set to expire on Abbreviations and Terms Used in This conditions in El Salvador. In particular, September 9, 2006. This Notice alerts Document the Secretary of Homeland Security the public that TPS for El Salvador has considered whether there continues to been extended for 12 months, until Act—Immigration and Nationality Act be a substantial disruption in living September 9, 2007, and sets forth ASC—USCIS Application Support Center DHS—Department of Homeland Security conditions in El Salvador and whether procedures for nationals of El Salvador DOS—Department of State El Salvador is unable, temporarily, to (or aliens having no nationality who last EAD—Employment Authorization Document adequately handle the return of its habitually resided in El Salvador) with Secretary—Secretary of Homeland Security nationals, as is required for TPS TPS to re-register and to apply for an TPS—Temporary Protected Status designations based on environmental extension of their Employment USCIS—U.S. Citizenship and Immigration disasters. 8 U.S.C. 1254a(b)(1)(B)(i–iii). Authorization Documents (EADs) for the Services DOS notes that the conditions that additional 12-month period. Re- What authority does the Secretary of initially gave rise to the designation of registration is limited to persons who Homeland Security have to extend the TPS for El Salvador continue to exist. registered under the initial designation designation of TPS for El Salvador? (‘‘DOS Recommendation, February (which was announced on March 9, 2006’’). The Government of El Salvador 2001) or who ‘‘late initial registered’’ Under section 244 of the Immigration remains engaged in earthquake and also timely re-registered under each and Nationality Act (Act), 8 U.S.C. reconstruction activities with USAID subsequent extension of the designation. 1254a, the Secretary of Homeland assistance. Id. Despite USAID’s 170 In accordance with the original Security, after consultation with million dollar disaster reconstruction designation, eligible aliens must also appropriate agencies of the Government, program, reconstruction projects remain have maintained continuous physical is authorized to designate a foreign state incomplete and the U.S. embassy in El presence in the United States since (or part thereof) for TPS. 8 U.S.C. Salvador, in a reporting cable to March 9, 2001, and continuous 1254a(b)(1). The Secretary of Homeland Washington on February 7, 2006, residence in the United States since Security may then grant TPS to eligible estimated that the programs will not be February 13, 2001. Certain nationals of nationals of that foreign state (or aliens completed in less than 24 months. Id. El Salvador (or aliens having no having no nationality who last According to research conducted by the nationality who last habitually resided habitually resided in that state). 8 U.S.C. USCIS Office of Refugee, Asylum, and in El Salvador) who have not previously 1254a(a)(1)(A). International Operations Report of applied for TPS may be eligible to apply At least 60 days before the expiration January 2006 (‘‘ORAIO Report’’), under the late initial registration of the TPS designation, or any extension significant parts of the programs funded provisions. thereof, the Secretary, after by other international donors were still Given the large number of consultations with appropriate agencies being carried out or were soon to be Salvadorans affected by this Notice, the of the Government must review the underway. Construction in the housing Department of Homeland Security conditions in a foreign state designated and health sectors were the main (DHS) recognizes that many re- for TPS to determine whether the programs still pending as of January registrants may not receive an extension conditions for a TPS designation 2006. Id. sticker or new EAD until after their continue to be met and, if so, the length According to El Salvador’s Vice current EADs expire on September 9, of an extension of the TPS designation. Ministry of Housing, only 46 percent of 2006. Accordingly, this Notice 8 U.S.C. 1254a(b)(3)(A). If the Secretary the total number of houses destroyed or automatically extends the validity of determines that the foreign state no damaged had been reconstructed or EADs issued under the TPS designation longer meets the conditions for the TPS repaired as of January 2006. Id. Housing of El Salvador for 6 months until March designation, he must terminate the programs funded by the European 9, 2007, and explains how TPS designation. 8 U.S.C. 1254a(b)(3)(B). Union and the Inter-American

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Development Bank were still underway, Secretary of Homeland Security with chart below to determine whether you with the target dates for completion set discretion to determine the length of an must submit the one hundred and for 2006 and 2007, respectively. Id. extension). eighty dollar ($180) filing fee with Form Moreover, as of January 2006, If I currently have benefits through the I–765), or a fee waiver request; reconstruction of the country’s seven designation of El Salvador for TPS, do (3) A biometric services fee of seventy main hospitals were still pending, I need to re-register for TPS? dollars ($70) if you are 14 years of age awaiting the completion of engineering or older, or if you are under 14 and designs and bidding procedures. The Yes. If you already have received TPS benefits through the designation of El requesting an Employment target date for the completion of the Authorization Document (EAD). The hospitals is now set at 2007. Id. Salvador for TPS, your benefits will expire on September 9, 2006. biometric services fee will not be The incomplete reconstruction waived. 8 CFR 103.2(e)(4)(i), (iii); and programs translate into a continued Accordingly, individual TPS deficit in low-cost housing and a lack of beneficiaries must comply with the re- (4) A photocopy of the front and back access to hospital-based healthcare registration requirements described of your EAD if you received an EAD services for many communities. (DOS below in order to maintain TPS benefits during the most recent registration Recommendation). Moreover, El through September 9, 2007. TPS period. Salvador has not been able to fully benefits include temporary protection You do not need to submit recover, in part due to the 2005 eruption against removal from the United States, photographs with your TPS application of the Santa Ana volcano that was as well as employment authorization, because a photograph will be taken, if during the TPS designation period. 8 immediately followed by mudslides and needed, when you appear at an ASC for U.S.C. 1254a(a)(1) and 1254a(f). Failure flooding caused by Hurricane Stan. Id. collection of biometrics. All TPS re- to re-register without good cause will Based upon this review, the Secretary registration applications submitted result in the withdrawal of your of Homeland Security, after consultation without the required fees will be temporary protected status and possibly with appropriate Government agencies, your removal from the United States. 8 returned to the applicant. determined that the conditions that U.S.C. 1254a(c)(3)(C). prompted designation of El Salvador for What edition of the Form I–821 should TPS continue to be met. See 8 U.S.C. If I am currently registered for TPS or be submitted? 1254a(b)(3)(A) (describing procedures have a pending application for TPS, Form I–821 has been revised. Only for periodic review of TPS how do I re-register to renew my the Form I–821 with revision dates of designations). There continues to be a benefits for the duration of the November 5, 2004 or October 26, 2005, extension period? substantial, but temporary, disruption in will be accepted. The bottom of each living conditions in El Salvador as the All persons previously granted TPS page of the revised form reads, ‘‘Form I– result of an environmental disaster, and under the designation of El Salvador 821 (Rev. 11/05/04)N’’ or ‘‘Form I–821 El Salvador continues to be unable, who would like to maintain such status (Rev. 10/26/05)Y.’’ Submissions of older temporarily, to handle adequately the and those whose applications remain versions of Form I–821 will be rejected. return of its nationals. See 8 U.S.C. pending but who wish to renew their You may obtain immigration forms on 1254a(b)(1)(B) (describing conditions benefits must re-register by filing the the Web at http://uscis.gov or by calling that justify TPS designation). On the following: USCIS forms hotline at 1–800–870– basis of these findings, the Secretary (1) Form I–821, Application for 3676. concludes that the TPS designation for Temporary Protected Status, without El Salvador should be extended for an fee; Who must submit the $180 filing fee for additional 12-month period. See 8 (2) Form I–765, Application for the Form I–765, Application for U.S.C. 1254a(b)(3)(C) (providing the Employment Authorization (see the Employment Authorization?

If Then

You are applying for an extension of your EAD valid until September You must complete and file the Form I–765, Application for Employ- 30, 2007, regardless of your age. ment Authorization, with the $180 fee. You are not requesting an extension of your EAD ...... You must complete and file Form I–765 (for data-gathering purposes only) with no fee. You are applying for a TPS-related EAD under the late initial registra- You must complete and file Form I–765 (for data-gathering purposes tion provisions and are under age 14 or over age 65. only) with no fee. You are applying for an extension of your EAD and are requesting a You must complete and file: (1) Form I–765 and (2) a fee waiver re- fee waiver. quest and affidavit (and any other supporting information) in accord- ance with 8 CFR 244.20.

Who must submit the $70 biometric face of the card under ‘‘Provision of When should an applicant submit his services fee? Law,’’ and wish to renew temporary or her application for TPS? treatment benefits; or (3) are applying The $70 biometric services fee must for TPS under the late initial registration Applications must be filed during the be submitted by all aliens 14 years of provisions. In addition, any alien, 60 day re-registration period from July age and older who: (1) Have previously including one who is under the age of 3, 2006, to September 1, 2006. been granted TPS and are now re- 14, choosing to apply for a new EAD or Applicants are strongly encouraged to registering for TPS; (2) have an initial an extension of an EAD must submit the file the application as soon as possible application for TPS currently pending, $70 biometric services fee. This after the start of the 60-day re- have an EAD bearing the notification biometric services fee will not be registration period. ‘‘C–19’’ on the face of the card under waived. 8 CFR 103.2(e)(4)(i), (iii). ‘‘Category’’ or ‘‘274a.12(c)(19)’’ on the

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Where should an applicant submit his submission of an explanation, on a extension is limited to EADs issued on or her application for TPS? separate sheet(s) of paper, and/or Form I–766, Employment Authorization To facilitate efficient processing, additional documentation must be Document, bearing an expiration date of USCIS has designated two post office provided. September 9, 2006. The EAD must also (P.O.) boxes with the Chicago Lockbox (B) If the alien was granted TPS by an be a Form I–766 bearing the notation for the filing of TPS applications. Immigration Judge or the Board of ‘‘A–12’’ or ‘‘C–19’’ on the face of the Certain applications for TPS re- Immigration Appeals, then the alien card under ‘‘Category’’. registration may also be E-Filed as well. must include evidence of the grant of If I am currently registered for TPS The type of TPS filing the applicant has TPS (such as an order from the under the designation of El Salvador to submit will determine the P.O. Box Executive Office for Immigration and am re-registering for TPS, how do where the application must be Review (EOIR)) with his or her submitted. See below for instructions. application package. I receive an extension of my EAD after Please note that applications should not Aliens who are filing a re-registration the 6 months granted by the automatic be filed with a USCIS Service Center or application that requires the submission extension? District Office. Failure to file your of additional documentation or are filing for the first time as a late initial As a TPS re-registrant you will receive application properly may result in the a notice in the mail with instructions to delay of the processing of your registrant must file at the P.O. Box listed appear at an ASC for biometrics application. below: U.S. Citizenship and collection. When you report to the ASC, Category 1: Applications for re- Immigration Services, P.O. Box 8670, registration that do not require the Chicago, IL 60680–8670. Or, for non- you must bring your receipt notice for submission of additional documentation United States Postal Service (USPS) your re-registration application, ASC or a renewal of temporary treatment deliveries: U.S. Citizenship and appointment notice, and current EAD. benefits must either be E-Filed (see Immigration Services, Attn: TPS—El When you appear at an ASC for below) or filed at this address: U.S. Salvador—[EOIR/Additional biometrics collection, USCIS will either Citizenship and Immigration Services, Documents] or [Late Initial Registrant], affix a sticker to your current EAD P.O. Box 8635, Chicago, IL 60680–8635. 427 S. LaSalle—3rd Floor, Chicago, IL extending the validity of the card Or, for non-United States Postal Service 60605. through the end of September 2007 or (USPS) deliveries: U.S. Citizenship and Note: Please make sure to use either EOIR/ advise you that your case requires Immigration Services, Attn: TPS—El Additional Documents or Late Initial further resolution. If your case requires Salvador, 427 S. LaSalle—3rd Floor, Registrant on the ‘‘Attn:’’ line, after El further resolution, USCIS will contact Chicago, IL 60605. Salvador, above. you in writing to explain what E-Filing Your Application: If your additional information, if any, is Are certain aliens ineligible for TPS? application falls into Category 1 you are necessary to resolve your case. If those strongly encouraged to E-File your Yes. There are certain criminal and issues are resolved and your re- application. During the re-registration terrorism-related inadmissibility registration application is approved, you period from July 3, 2006, to September grounds that render an alien ineligible will receive a new EAD in the mail with 1, 2006, aliens re-registering for TPS for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii). an expiration date of September 30, under this designation may file the Further, aliens who have been convicted 2007. Forms I–821 and I–765, and associated of any felony or two or more fees electronically by using E-Filing at misdemeanors committed in the United Because the extension stickers the USCIS Internet site, http:// States are ineligible for TPS under include only the month and year, rather www.uscis.gov. In order to properly re- section 244(c)(2)(B)(i) of the Act, 8 than a specific date, all EADs extended register using E-Filing, aliens must U.S.C. 1254a(c)(2)(B)(i), as are aliens by sticker or issued anew pursuant to begin the E-Filing process by described in the bars to asylum in this extension of the TPS designation for completing Form I–821 online. After the section 208(b)(2)(A) of the Act, 8 U.S.C. El Salvador will be valid through Form I–821 is completed, the system 1158(b)(2)(A), 8 U.S.C. September 30, 2007. will then link the alien to Form I–765. 1254a(c)(2)(B)(ii). Aliens should also Will I receive a new EAD in the mail Aliens re-registering for TPS after note that an individual granted TPS will if I am given an extension sticker at the September 1, 2006, and/or whose have his/her TPS withdrawn if the alien ASC? application falls into Category 2 is not in fact eligible for TPS, if an alien explained below may not E-File and fails to timely re-register for TPS No. Because the sticker affixed to your must send their application materials to without good cause, or if the alien fails card at the ASC will extend the validity the USCIS Chicago Lockbox at the to maintain continuous physical of your current EAD through September address listed below. presence in the United States. 8 U.S.C. 30, 2007, there will be no need for you Category 2: Aliens who are filing 1254a(c)(3)(A)–(C). to obtain additional employment applications for re-registration that authorization documentation during the require the submission of supporting Who is eligible to receive an automatic documentation or are filing for the first extension of his or her EAD from remainder of this extension of the time as a late initial registrant must use September 9, 2006 to March 9, 2007? designation of El Salvador for TPS. the address listed below and these types To receive an automatic extension of If I am not eligible to receive a sticker of applications may not be E-Filed. his or her EAD, an individual must be extending my EAD, can I receive an Applications for re-registration require a national of El Salvador (or an alien interim EAD at my local USCIS Office? the submission of supporting having no nationality who last documentation under the following habitually resided in El Salvador) who No. USCIS will not be issuing interim circumstances: has applied for and received an EAD EADs to TPS applicants or re-registrants (A) If one or more of the questions under the TPS designation of El at local Offices. listed in Part 4, Question 2 of Form I– Salvador and who has not had TPS 821 apply to the alien, then the withdrawn or denied. This automatic

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How may employers determine whether How may employers determine an List C of the Form I–9 may be presented an EAD has been automatically employee’s eligibility for employment as proof of identity and employment extended for 6 months through March once the automatic extension has eligibility; it is the choice of the 9, 2007, and is therefore acceptable for expired, between March 9, 2007, and employee. completion of the Form I–9? the end of the work authorization on September 30, 2007? Does TPS lead to lawful permanent For purposes of verifying identity and residence? employment eligibility or re-verifying Salvadorans with TPS status will employment eligibility on the Form I–9 possess either an EAD with an No. TPS is a temporary benefit that until March 9, 2007, employers of expiration date of September 30, 2007, does not lead to lawful permanent Salvadoran TPS beneficiaries whose or an EAD with an expiration date of residence or by itself confer any other EADs have been automatically extended September 9, 2006 and a sticker affixed immigration status. 8 U.S.C. 1254a(e), by this Notice must accept the EAD if to it extending the validity of the EAD (f)(1), (h). When a country’s designation presented. An EAD (Form I–766) that through September 2007. In either case, for TPS is terminated, TPS beneficiaries has been automatically extended for 6 the EAD will be a Form I–766 bearing will maintain the same immigration months by this Notice to March 9, 2007, the notation ‘‘A–12’’ or ‘‘C–19’’ on the status they held prior to TPS (unless will actually contain an expiration date face of the card under ‘‘Category.’’ that status has since expired or been of September 9, 2006, and must be a Either of these EADs must be accepted terminated), or any other status they Form I–766 bearing the notation ‘‘A–12’’ for the purpose of verifying identity may have acquired while registered for or ‘‘C–19’’ on the face of the card under and/or employment authorization. TPS. Accordingly, if an alien held no ‘‘Category.’’ The automatic extension is Employers are reminded that the laws valid for 6 months. New EADs or prohibiting unfair immigration-related lawful immigration status prior to being extension stickers showing the March 9, employment practices remain in full granted TPS and did not obtain any 2007 expiration date of the 6-month force, as described above. other status while registered for TPS, he auto-extension will not be issued. In the or she will revert to unlawful status What documents may a qualified alternative to the aforementioned upon the termination of the TPS individual show to his or her employer options, any legally acceptable designation. Once the Secretary as proof of employment authorization documentation or combination of determines that a TPS designation and identity when completing Form I– documents listed in List A, List B, or should be terminated, aliens who had 9, Employment Eligibility Verification? List C of the Form I–9 may be presented TPS under that designation are expected as proof of identity and employment During the first 6 months of this to plan for their departure from the eligibility; it is the choice of the extension of the TPS designation for El United States and may wish to apply for employee. Salvador, employees may submit the immigration benefits for which they Employers should not request proof of following to their employer for may be eligible. Salvadoran citizenship. Employers completion of the Form I–9 at the time presented with an EAD that has been of hire or re-verification. Qualified May I apply for another immigration extended pursuant to this Federal individuals who have received a 6- benefit while registered for TPS? Register Notice, if it appears to be month extension of their EADs by virtue Yes. Registration for TPS does not genuine and appears to relate to the of this Federal Register Notice may prevent you from applying for another employee, should accept the EAD as a present a TPS-based EAD to their valid ‘‘List A’’ document and should not employer, as described in above as proof non-immigrant status, from filing for ask for additional Form I–9 of identity and employment adjustment of status based on an documentation. This action by the authorization until March 9, 2007 (see immigrant petition, or from applying for Secretary of Homeland Security through section ‘‘How may employers determine any other immigration benefit or this Federal Register Notice does not an employee’s eligibility for protection. 8 U.S.C. 1254a(a)(5). For the affect the right of an employee to employment once the automatic purposes of change of status and present any legally acceptable document extension has expired, between, March adjustment of status, an alien is as proof of identity and eligibility for 9, 2007, and the end of the TPS considered as being in, and maintaining, employment. extension on September 9, 2007?’’). To lawful status as a nonimmigrant during Employers are reminded that the laws minimize confusion over this extension the period in which the alien is granted prohibiting unfair immigration-related at the time of hire or re-verification, TPS. 8 U.S.C. 1254a(f)(4). employment practices remain in full qualified individuals may also present a force. For questions, employers may call copy of this Federal Register Notice How does an application for TPS affect the USCIS Office of Business Liaison regarding the automatic extension of my application for asylum or other Employer Hotline at 1–800–357–2099 to employment authorization immigration benefits? speak to a USCIS representative. Also, documentation to March 9, 2007. An application for TPS does not affect employers may call the U.S. Department Qualified individuals will either an application for asylum or any other of Justice Office of Special Counsel for receive a sticker affixed to his or her immigration benefit. Denial of an Immigration Related Unfair current EAD, which extends the validity application for asylum or any other Employment Practices (OSC) Employer period of their EAD through the end of Hotline at 1–800–255–8155 or 1–800– September 2007 or a new EAD valid immigration benefit does not affect an 362–2735 (TDD). Employees or through September 30, 2007. Either an applicant’s TPS eligibility, although the applicants may call the OSC Employee EAD with the extension sticker or a grounds for denying one form of relief Hotline at 1–800–255–7688 or 1–800– newly issued EAD may be presented as may also be grounds for denying TPS. 237–2515 (TDD) for information evidence of employment authorization. For example, a person who has been regarding the automatic extension. In the alternative to the convicted of a particularly serious crime Additional information is available on aforementioned options, any legally is not eligible for asylum or TPS. 8 the OSC Web site at http:// acceptable document or combination of U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. www.usdoj.gov/crt/osc/index.html. documents listed in List A, List B, or 1254a(c)(2)(B)(ii).

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Does this extension allow nationals of applications for TPS, pursuant to the U.S.C. 1254a(b)(3)(A). Notice of that El Salvador (or aliens having no TPS designation of El Salvador, should determination, including the basis for nationality who last habitually resided be submitted to the aforementioned the determination, will be published in in El Salvador) who entered the United Lockbox address in Chicago, Illinois the Federal Register. Id. States after February 13, 2001, to file listed under Category 2. (6) Information concerning the for TPS? extension of designation of El Salvador What happens when this extension of for TPS will be available at local USCIS No. This is a Notice of an extension TPS expires on September 9, 2007? offices upon publication of this Notice of TPS, not a Notice of re-designation of At least 60 days before this extension TPS for El Salvador. An extension of and on the USCIS Web site at http:// of TPS designation of El Salvador www.uscis.gov. TPS does not change the required dates expires on September 9, 2007, the Dated: May 17, 2006. of continuous residence or continuous Secretary of Homeland Security, after physical presence in the United States. consultation with appropriate agencies Michael Chertoff, This extension does not expand TPS of the Government, will review Secretary. availability to those beyond the current conditions in El Salvador and determine [FR Doc. 06–5443 Filed 6–13–06; 9:21 am] TPS eligibility requirements of El whether the conditions for TPS BILLING CODE 4410–10–P Salvador. To be eligible for benefits designation continue to be met at that under this extension, nationals of El time, or whether the TPS designation Salvador (or aliens having no should be terminated. 8 U.S.C. DEPARTMENT OF HOUSING AND nationality who last habitually resided 1254a(b)(3). Notice of that URBAN DEVELOPMENT in El Salvador) must have continuously determination, including the basis for [Docket No. FR–5037–N–36] resided in the United States since the determination, will be published in February 13, 2001, and been the Federal Register. Budget-Based Rent Increase continuously physically present in the United States since March 9, 2001, the Notice of extension of designation of AGENCY: Office of the Chief Information date of the most recent designation of TPS for El Salvador. Officer, HUD. TPS for El Salvador. By the authority vested in DHS under ACTION: Notice. What is late initial registration? sections 244(b)(1)(B), (b)(3)(A), and (b)(3)(C) of the Act, DHS has SUMMARY: The proposed information Some persons may be eligible for late determined, after consultation with the collection requirement described below initial registration under 8 U.S.C. appropriate Government agencies, that has been submitted to the Office of 1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2) the conditions that prompted Management and Budget (OMB) for and (g). In order to be eligible for late designation of El Salvador for TPS review, as required by the Paperwork initial registration an applicant must: continue to be met. Accordingly, DHS Reduction Act. The Department is (1) Be a national of El Salvador (or orders as follows: soliciting public comments on the alien who has no nationality and who (1) The designation of El Salvador subject proposal. last habitually resided in El Salvador); under section 244(b)(1)(B) of the Act is Owners of certain cooperative and (2) Have continuously resided in the extended for an additional 12-month subsidized rental projects are required United States since February 13, 2001; period from September 9, 2006, to to submit a Budget Worksheet when (3) Have been continuously physically September 9, 2007. 8 U.S.C. requesting rent increases. HUD Field present in the United States since March 1254a(b)(3)(C). Office’s review and evaluate the amount 9, 2001; and (2) There are approximately 225,000 and reasonableness of the requested (4) Be both admissible as an nationals of El Salvador (or aliens increase. immigrant, except as provided under having no nationality who last DATES: Comments Due Date: July 17, section 244(c)(2)(A) of the Act, and not habitually resided in El Salvador) who 2006. ineligible under section 244(c)(2)(B) of have been granted TPS and who may be the Act. eligible for re-registration. ADDRESSES: Interested persons are Additionally, the applicant must be (3) To maintain TPS, a national of El invited to submit comments regarding able to demonstrate that during the Salvador (or an alien having no this proposal. Comments should refer to initial registration period (from March 9, nationality who last habitually resided the proposal by name and/or OMB 2001 to September 9, 2002), he or she: in El Salvador) who was granted TPS approval Number (2502–0324) and (1) Was a nonimmigrant or had been during the initial designation period should be sent to: HUD Desk Officer, granted voluntary departure status or and the subsequent extensions of this Office of Management and Budget, New any relief from removal; designation, or who was granted TPS Executive Office Building, Washington, (2) Had an application for change of during late initial registration, must re- DC 20503; fax: 202–395–6974. status, adjustment of status, asylum, register for TPS during the 60-day re- FOR FURTHER INFORMATION CONTACT: voluntary departure, or any relief from registration period from July 3, 2006, to Lillian Deitzer, Reports Management removal or change of status pending or September 1, 2006. Officer, QDAM, Department of Housing subject to further review or appeal; (4) To re-register, aliens must follow and Urban Development, 451 Seventh (3) Was a parolee or had a pending the aforementioned filing procedures set Street, SW., Washington, DC 20410; e- request for reparole; or forth in this Notice. mail Lillian Deitzer at (4) Is the spouse or child of an alien (5) At least 60 days before this [email protected] or currently eligible to be a TPS registrant. extension ends on September 9, 2007, telephone (202) 708–2374. This is not a An applicant for late initial the Secretary of Homeland Security, toll-free number. Copies of available registration must file an application for after consultation with appropriate documents submitted to OMB may be late registration no later than 60 days agencies of the Government, will review obtained from Ms. Deitzer or from after the expiration or termination of the the designation of El Salvador for TPS HUD’s Web site at conditions described above. 8 CFR and determine whether the conditions http://www5.hud.gov:63001/po/i/icbts/ 244.2(g). All late initial registration for designation continue to be met. 8 collectionsearch.cfm.

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SUPPLEMENTARY INFORMATION: This accuracy of the agency’s estimate of the Title of Proposal: Budget-Based Rent notice informs the public that the burden of the proposed collection of Increase. Department of Housing and Urban information; (3) Enhance the quality, OMB Approval Number: 2502–0324. Development has submitted to OMB a utility, and clarity of the information to Form Numbers: HUD–92547–A. request for approval of the Information be collected; and (4) Minimize the Description of the Need for the collection described below. This notice burden of the collection of information Information and Its Proposed Use: is soliciting comments from members of on those who are to respond; including Owners of certain cooperative and the public and affecting agencies through the use of appropriate subsidized rental projects are required concerning the proposed collection of automated collection techniques or to submit a Budget Worksheet when information to: (1) Evaluate whether the other forms of information technology, requesting rent increases. HUD Field proposed collection of information is e.g., permitting electronic submission of Office’s reviews and evaluate the necessary for the proper performance of responses. amount and reasonableness of the the functions of the agency, including requested increases. whether the information will have This notice also lists the following Frequency of Submission: On practical utility; (2) Evaluate the information: occasion.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 14,493 14,493 5 72,466

Total Estimated Burden Hours: by the builder to increase market concerning the proposed collection of 72,466. appeal. Builders submit the forms to information to: (1) Evaluate whether the Status: Extension of a currently lenders, who review them and submit proposed collection of information is approved collection. them to HUD for approval. necessary for the proper performance of Authority: Section 3507 of the Paperwork DATES: Comments Due Date: July 17, the functions of the agency, including Reduction Act of 1995, 44 U.S.C. 35, as 2006. whether the information will have amended. practical utility; (2) Evaluate the ADDRESSES: Interested persons are Dated: June 9, 2006. accuracy of the agency’s estimate of the invited to submit comments regarding Lillian L. Deitzer, burden of the proposed collection of this proposal. Comments should refer to information; (3) Enhance the quality, Departmental Paperwork Reduction Act the proposal by name and/or OMB Officer, Office of the Chief Information utility, and clarity of the information to Officer. approval Number (2502–0117) and be collected; and (4) Minimize the should be sent to: HUD Desk Officer, [FR Doc. E6–9320 Filed 6–14–06; 8:45 am] burden of the collection of information Office of Management and Budget, New BILLING CODE 4210–67–P on those who are to respond; including Executive Office Building, Washington, through the use of appropriate DC 20503; fax: 202–395–6974. automated collection techniques or DEPARTMENT OF HOUSING AND FOR FURTHER INFORMATION CONTACT: other forms of information technology, URBAN DEVELOPMENT Lillian Deitzer, Reports Management e.g., permitting electronic submission of Officer, QDAM, Department of Housing responses. [Docket No. FR–5037–N–35] and Urban Development, 451 Seventh This notice also lists the following Request for Acceptance of Changes in Street, SW., Washington, DC 20410; e- information: Approved Drawings and Specifications mail Lillian Deitzer at Title of Proposal: Request for [email protected] or Acceptance of Changes in Approved AGENCY: Office of the Chief Information telephone (202) 708–2374. This is not a Drawings and Specifications. Officer, HUD. toll-free number. Copies of available OMB Approval Number: 2502–0117. ACTION: Notice. documents submitted to OMB may be Form Numbers: HUD–92577. obtained from Ms. Deitzer or from Description of the Need for the SUMMARY: The proposed information HUD’s Web site at http:// collection requirement described below Information and Its Proposed Use: www5.hud.gov:63001/po/i/icbts/ Builders request approval for changes to has been submitted to the Office of collectionsearch.cfm. Management and Budget (OMB) for accepted drawings and specifications of review, as required by the Paperwork SUPPLEMENTARY INFORMATION: This proposed construction properties as Reduction Act. The Department is notice informs the public that the required by homebuyers, or determined soliciting public comments on the Department of Housing and Urban by the builder to increase market subject proposal. Development has submitted to OMB a appeal. Builders submit the forms to Builders request approval for changes request for approval of the Information lenders, who review them and submit to accepted drawings and specifications collection described below. This notice them to HUD for approval. of proposed construction properties as is soliciting comments from members of Frequency of Submission: On required by homebuyers, or determined the public and affecting agencies occassion.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 10,000 10,000 0.5 5,000

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Total Estimated Burden Hours: 5,000. Administrative details. implementation of the CALFED Bay- Status: Extension of a currently All RAC meetings are open to the Delta Program. The Committee makes approved collection. public. The public may present written recommendations on annual priorities, Authority: Section 3507 of the Paperwork comments to the RAC. Each formal RAC integration of the eleven Program Reduction Act of 1995, 44 U.S.C. 35, as meeting will also have time allocated for elements, and overall balancing of the amended. hearing public comments. Depending on four Program objectives of ecosystem the number of persons wishing to Dated: June 8, 2006. restoration, water quality, levee system comment and time available, the time integrity, and water supply reliability. Lillian L. Deitzer, for individual oral comments may be The Program is a consortium of State Departmental Paperwork Reduction Act limited. and Federal agencies with the mission Officer, Office of the Chief Information Officer. FOR FURTHER INFORMATON CONTACT: June to develop and implement a long-term comprehensive plan that will restore [FR Doc. E6–9322 Filed 6–14–06; 8:45 am] Bailey, Lewistown Field Manager, ecological health and improve water BILLING CODE 4210–67–P Lewistown Field Office, P.O. Box 1160, Lewistown, Montana 59457 or at 406– management for beneficial uses of the 538–1900. San Francisco/Sacramento and San Joaquin Bay Delta. DEPARTMENT OF THE INTERIOR Dated: June 8, 2006. Committee agendas and meeting June Bailey, materials will be available prior to all Bureau of Land Management Lewistown Field Manager. meetings on the California Bay-Delta [MT–060–01–1020–PG] [FR Doc. E6–9340 Filed 6–14–06; 8:45 am] Authority Web site at http:// BILLING CODE 4310–$$–P calwater.ca.gov and at the meetings. Notice of Public Meeting; Central These meetings are open to the public. Montana Resource Advisory Council Oral comments will be accepted from DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, members of the public at each meeting and will be limited to 3–5 minutes. Interior. Bureau of Reclamation ACTION: Notice of public meeting. (Authority: The Committee was established California Bay-Delta Public Advisory pursuant to the Department of the Interior’s SUMMARY: In accordance with the Committee Public Meeting authority to implement the Water Federal Land Policy and Management Supply,Rreliability, and Environmental Act and the Federal Advisory AGENCY: Bureau of Reclamation, Improvement Act, Pub. L. 108–361; the Fish Interior. and Wildlife Coordination Act, 16 U.S.C. 661 Committee Act of 1972, the U.S. et seq.; the Endangered Species Act, 16 ACTION: Notice of meeting. Department of the Interior, Bureau of U.S.C. 1531 et seq.; and the Reclamation Act Land Management (BLM) Central SUMMARY: In accordance with the of 1902, 43 U.S.C. 391 et seq., and the acts Montana Resource Advisory Council Federal Advisory Committee Act, the amendatory thereof or supplementary (RAC) will meet as indicated below. thereto, all collectively referred to as the California Bay-Delta Public Advisory Federal Reclamation laws, and in particular, DATES: The meeting will be held July 12 Committee (Committee) will meet on & 13, 2006, at the Cottonwood Inn, in the Central Valley Project Improvement Act, July 13, 2006. The agenda for the 34 U.S.C. 3401.) Glasgow, Montana. Committee meeting will include Dated: June 6, 2006. The July 12 session will begin at 8 discussions with State and Federal a.m. and consist of a field trip to public agency representatives on the 10-Year Allan Oto, lands in the Glasgow area. Action Plan, Subcommittee structure, Special Projects Officer, Mid-Pacific Region, This tour is scheduled to adjourn at the Bay-Delta Conservation Plan and its U.S. Bureau of Reclamation. 5 p.m. relationship to the Delta Regional [FR Doc. 06–5431 Filed 6–14–06; 8:45 am] The July 13 meeting will begin at 8 Ecosystem Restoration Plan, the Delta BILLING CODE 4310–MN–M a.m. with a 30-minute public comment Vision, end of Stage 1 decisions, and period. recommendations on implementing This meeting is scheduled to adjourn agency Program Plans. INTERNATIONAL TRADE at 3 p.m. DATES: The meeting will be held on COMMISSION SUPPLEMENTARY INFORMATION: This 15- Thursday, July 13, 2006, from 9 a.m. to [Investigation No. 332–476] member council advises the Secretary of 4 p.m. If reasonable accommodation is the Interior on a variety of management needed due to a disability, please Advice Concerning the Addition of issues associated with public land contact Colleen Kirtlan at (916) 445– Certain Pharmaceutical Products and management in Montana. At this 5511 or TDD (800) 735–2929 at least 1 Chemical Intermediates to the meeting the council will discuss/act week prior to the meeting. Pharmaceutical Appendix to the upon: ADDRESSES: These meetings will be held Harmonized Tariff Schedule of the The minutes of their proceeding United States meeting; at the John E. Moss Federal Building A discussion of the American Prairie located at 650 Capitol Mall, 5th Floor, AGENCY: United States International Foundation project; Sacramento, California. Trade Commission. A briefing concerning the upcoming FOR FURTHER INFORMATION CONTACT: ACTION: Institution of investigation. Malta Resource Management Plan; Diane Buzzard, U.S. Bureau of A review of Revised Statute—2477, Reclamation, at 916–978–5022 or Julie DATES: Effective Date: June 12, 2006. An update about the Bowdoin Gas Alvis, California Bay-Delta Authority, at SUMMARY: Following receipt of a request Field; 916–445–5551. on May 25, 2006, from the United States A discussion of proposed revisions to SUPPLEMENTARY INFORMATION: The Trade Representative (USTR), the grazing regulations; Committee was established to provide Commission instituted Investigation No. A briefing about transportation advice and recommendations to the 332–476, Advice Concerning the planning; and Secretary of the Interior on Addition of Certain Pharmaceutical

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Products and Chemical Intermediates to public hearing in connection with reveal the operations of the firm the Pharmaceutical Appendix to the preparation of this report. However, supplying the information. Harmonized Tariff Schedule of the interested parties are invited to submit The public record for these United States, under section 332(g) of written statements containing pertinent investigations may be viewed on the the Tariff Act of 1930 (19 U.S.C. data such as levels of exports and Commission’s electronic docket (EDIS) 1332(g)). imports for the items included in this at http://www.usitc.gov/secretary/ FOR FURTHER INFORMATION CONTACT: investigation. All submissions should be edis.htm. Hearing-impaired individuals Information specific to these addressed to the Secretary, United are advised that information on this investigations may be obtained from States International Trade Commission, matter can be obtained by contacting Philip Stone, Project Leader (202–205– 500 E Street, SW., Washington, DC our TDD terminal on 202–205–1810. 3424; [email protected]), Office of 20436, and should be received no later Persons with mobility impairments who Industries, United States International than 5:15 p.m. EDT on June 21, 2006. will need special assistance in gaining Trade Commission, Washington, DC, All written submissions must conform access to the Commission should 20436. For information on the legal with the provisions of section 201.8 of contact the Office of the Secretary at aspects of these investigations, contact the Commission’s 202–205–2000. William Gearhart of the Office of the Rules of Practice and Procedure (19 By order of the Commission. General Counsel (202–205–3091; CFR 201.8). Section 201.8 of the rules Issued: June 13, 2006. requires that a signed original (or a copy [email protected]). General Marilyn R. Abbott, information concerning the Commission designated as an original) and fourteen (14) copies of each document be filed. Secretary to the Commission. may also be obtained by accessing its [FR Doc. E6–9455 Filed 6–14–06; 8:45 am] Internet server (http://www.usitc.gov). In the event that confidential treatment BILLING CODE 7020–02–P Background: As one part of the of the document is requested, at least market access tariff results of the four (4) additional copies must be filed, Uruguay Round negotiations, the United in which the confidential information States and 21 other countries agreed to must be deleted (see the following DEPARTMENT OF JUSTICE reciprocal elimination of duties on paragraph for further information Antitrust Division certain pharmaceutical products and regarding confidential business information). The Commission’s rules chemical intermediates used primarily Notice Pursuant to the National do not authorize filing submissions with for the production of pharmaceuticals. Cooperative Research and Production the Secretary by facsimile or electronic In the Uruguay Round Agreement Act Act of 1993—ASTM International— means, except to the extent permitted by (URAA), Congress authorized the Standards President to grant duty-free treatment to section 201.8 of the rules (see Handbook new pharmaceutical products and for Electronic Filing Procedures, http:// Notice is hereby given that, on May chemical intermediates. One of the www.usitc.gov/secretary/ 24, 2006, pursuant to Section 6(a) of the _ _ requirements set out in the URAA is fed reg notices/rules/documents/ National Cooperative Research and _ _ _ that the President ‘‘obtain advice handbook on electronic filing.pdf). Production Act of 1993, 15 U.S.C. 4301 regarding the proposed action’’ from the Any submissions that contain et seq. (‘‘the Act’’), ASTM Commission. Pursuant to section 115 of confidential business information must International—Standards (‘‘ASTM’’) has the URAA and section 332(g) of the also conform with the requirements of filed written notifications Tariff Act of 1930, the USTR requests section 201.6 of the Commission’s Rules simultaneously with the Attorney that the Commission provide advice in of Practice and Procedure (19 CFR General and the Federal Trade the form of additional information on 201.6). Section 201.6 of the rules Commission disclosing additions or the pharmaceutical products and requires that the cover of the document changes to its standards development chemical intermediates currently under and the individual pages be clearly activities. The notifications were filed consideration. The USTR specifically marked as to whether they are the for the purpose of extending the Act’s requests (1) a summary description of ‘‘confidential’’ or ‘‘nonconfidential’’ provisions limiting the recovery of the products contained in the existing version, and that the confidential antitrust plaintiffs to actual damages Pharmaceutical Appendix and the business information be clearly under specified circumstances. modifications made to that Appendix; identified by means of brackets. All Specifically, ASTM has provided an (2) an explanation of the relationship written submissions, except for updated list of current, ongoing ASTM between the various elements in the confidential business information, will standards activities originating between Appendix and the Harmonized Tariff be made available in the Office of the February 2006 and May 2006, Schedule of the United States; and (3) Secretary to the Commission for designated as Work Items. A complete an estimate of the current U.S. imports inspection by interested parties. listing of ASTM Work Items, along with and, where possible, current U.S. In his request letter, the USTR stated a brief description of each, is available exports of the products included in the that he intends to make the at http://www.astm.org. existing Pharmaceutical Appendix and Commission’s report available to the On September 15, 2004, ASTM filed the proposed additions to the Appendix. public in its entirety, and asked that the its original notification pursuant to A list of the proposed additions to the Commission not include any Section 6(a) of the Act. The Department Pharmaceutical Appendix is available confidential business or national of Justice published a notice in the on the Commission’s Web site at security confidential information in the Federal Register pursuant to Section http://www.usitc.gov/ind_econ_ana/ report. The report that the Commission 6(b) of the Act on November 10, 2004 combined_tables_pharma_332.pdf. The sends to the USTR will not contain any (69 FR 65226). Commission expects to provide its such information. Any confidential The last notification was filed with report to the USTR by September 1, business information received by the the Department on February 17, 2006. A 2006. Commission in this investigation and notice was published in the Federal Written Submissions: The used in preparing the report will not be Register pursuant to Section 6(b) of the Commission does not plan to hold a published in a manner that would Act on April 12, 2006 (71 FR 18769).

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For additional information, please Elektronik has changed its name to S. Bryant, Records Management Officer, contact: Thomas B. O’Brien, Jr., General Beckhoff Automation GmbH, Nurnberg, Overseas Private Investment Counsel, at ASTM International, 100 Germany. Corporation, 1100 New York Avenue, Barr Harbor Drive, West Conshohocken, No other changes have been made in NW., Washington, DC 20527; 202–336– PA 19428, telephone 610–832–9597, e- either the membership or planned 8563. mail address [email protected]. activity of the group research project. OMB Contact: Office of Information Membership in this group research and Regulatory Affairs, U.S. Office of Dorothy B. Fountain, project remains open, and ODVA Information and Regulator Affairs, Deputy Director of Operations, Antitrust intends to file additional written Office of Management and Budget, Division. notification disclosing all changes in Attention: Mr. David Rostker, 725 17th [FR Doc. 06–5413 Filed 6–14–06; 8:45 am] membership. Street, Room 10102, NW., Washington, BILLING CODE 4410–11–M On June 21, 1995, ODVA filed its DC 20503; (202) 395–3897. original notification pursuant to Section 6(a) of the Act. The Department of Summary Form Under Review DEPARTMENT OF JUSTICE Justice published a notice in the Federal Type of Request: Renewal/Revision. Antitrust Division Register pursuant to Section 6(b) of the Title: Expedited Screening Act on February 15, 1996 (61 FR 6039). Questionnaire On-Lending Notice Pursuant to The National The last notification was filed with Transactions. Cooperative Research and Production the Department on February 10, 2006. A Form Number: OPIC–168 (a & b). Act of 1993—Open DeviceNet Vendor notice was published in the Federal Frequency of Use: Once per investor Association, Inc. Register pursuant to Section 6(b) of the per project. Act on March 7, 2006 (71 FR 11453). Type of Respondents: Business or Notice is hereby given that, on May other institution (except farms); 31, 2006, pursuant to Section 6(a) of the Dorothy B. Fountain, individuals. National Cooperative Research and Deputy Director of Operations, Antitrust Description of Affected Public: U.S. Production Act of 1993, 15 U.S.C. 4301 Division. companies or citizens investing et seq. (‘‘the Act’’), Open DeviceNet [FR Doc. 06–5414 Filed 6–14–06; 8:45 am] overseas. Vendor Association, Inc. (‘‘ODVA’’) has BILLING CODE 4410–11–M Reporting Hours: 4.0 hours per filed written notifications project. simultaneously with the Attorney Number of Responses: 300 per year. General and the Federal Trade OVERSEAS PRIVATE INVESTMENT Federal Cost: $17,000 per year. Commission disclosing changes in its CORPORATION Authority for Information Collection: membership. The notifications were Sections 231, 234(a), 239(d), and 240A filed for the purpose of extending the Submission for OMB Review of the Foreign Assistance Act of 1961, Act’s provisions limiting the recovery of as amended. AGENCY: antitrust plaintiffs to actual damages Overseas Private Investment Abstract (Needs and Uses): The under specified circumstances. Corporation (OPIC). application is the principal document Specifically, ITT Industries, Inc., White ACTION: Request for comments. used by OPIC to determine the Plains, NY; Northwire, Inc., Osceola, SUMMARY: Under the provision of the investor’s and the project’s eligibility for WI; Moog, Inc., East Aurora, NY; RFID, Paperwork Reduction Act (44 U.S.C. debt financing, assess the environmental Inc., Aurora, CO; AGM Electronics, Inc., chapter 35), agencies are required to impact and developmental effects of the Tucson, AZ; N-Tron Corporation, publish a Notice in the Federal Register project, measure the economic effects Mobile, AL; Seiko Epson, Nagano-kon, notifying the public, that the Agency is for the U.S. and the host country’s Japan; ARCX, Inc., Toronto, Ontario, preparing an information collection economy, and collect information for Canada; Bird Electronic Corporation, request for OMB review, approval, and underwriting analysis. Solon, OH; EIM Controls, Inc., Missouri request public review and comment on Dated: June 8, 2006. City, TX; ifak systems GmbH, the submission. Comments are being Eli Landy, Magdeburg, Germany; Rockwell solicited on the need for the Senior Counsel for Administrative Law, Automation, Inc., Milwaukee, WI; information; the accuracy of the Department of Legal Affairs. ProSoft Technology, Bakersfield, CA; Agency’s burden estimate; the quality, [FR Doc. 06–5433 Filed 6–14–06; 8:45 am] Baldor Electric, Fort Smith, AR; practical utility and clarity of the BILLING CODE 3210–01–M AquaSensors, LLC, Menomonee Falls, information to be collected; and ways to WI; and Toyogiken Co., Ltd., Nagano, minimize the reporting burden, Japan have been added as parties to this including automated collection venture. PENSION BENEFIT GUARANTY techniques by use of other forms of CORPORATION Also, Danaher Motion/Kollmorgen, technology. The proposed form under Radford, VA; DVT Corporation, Duluth, review is summarized below. Required Interest Rate Assumption for GA; Flexible Machine Controls, DATES: Determining Variable-Rate Premium for Wendywood, South Africa; Intelligent Comments must be received by Single-Employer Plans; Interest Motion Systems, Marlborough, CT; MKS July 17, 2006. Assumptions for Multiemployer Plan Instruments, CIT Group, Austin, TX; ADDRESSES: Copies of the subject form Valuations Following Mass Withdrawal NSK Precision Co., Ltd., Kanagawa, and the request for review prepared for submission to OMB may be obtained Japan; Scientific Technologies, Inc., AGENCY: Pension Benefit Guaranty from the Agency submitting officer. Freemont, CA; Shanghai Aton Electric Corporation. Co., Ltd., Shanghai, People’s Republic of Comments on the form should be submitted to the Agency Submitting ACTION: Notice of interest rates and China; Wind River Systems, Inc., assumptions. Alameda, CA; and Power-IO, Naperville, Officer. IL have withdrawn as parties to this FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice informs the public venture. Also, Beckhoff Industrie OPIC Agency Submitting Officer: Essie of the interest rates and assumptions to

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be used under certain Pension Benefit PBGC will promptly publish a Federal 2006, the American Stock Exchange LLC Guaranty Corporation regulations. These Register notice with the new rate. (‘‘Amex’’ or ‘‘Exchange’’) submitted to rates and assumptions are published The following table lists the required the Securities and Exchange elsewhere (or can be derived from rates interest rates to be used in determining Commission (‘‘Commission’’) the published elsewhere), but are collected variable-rate premiums for premium proposed rule change as described in and published in this notice for the payment years beginning between July Items I and II below, which Items have convenience of the public. Interest rates 2005 and June 2006. been prepared by Amex. Amex filed the are also published on the PBGC’s Web proposed rule change as a ‘‘non- site (http://www.pbgc.gov). For premium payment years The required controversial’’ rule change pursuant to beginning in: interest rate is: DATES: The required interest rate for Section 19(b)(3)(A) of the Act 3 and Rule 4 determining the variable-rate premium July 2005 ...... 4.47 19b–4(f)(6) thereunder, which renders under part 4006 applies to premium August 2005 ...... 4.56 it effective upon filing with the payment years beginning in June 2006. September 2005 ...... 4.61 Commission. The Commission is The interest assumptions for performing October 2005 ...... 4.62 publishing this notice to solicit multiemployer plan valuations November 2005 ...... 4.83 comments on the proposed rule change following mass withdrawal under part December 2005 ...... 4.91 from interested persons. January 2006 ...... 3.95 4281 apply to valuation dates occurring I. Self-Regulatory Organization’s in July 2006. February 2006 ...... 3.90 March 2006 ...... 3.89 Statement of the Terms of Substance of FOR FURTHER INFORMATION CONTACT: April 2006 ...... 4.02 the Proposed Rule Change Catherine B. Klion, Attorney, Legislative May 2006 ...... 4.30 Amex proposes to extend for an and Regulatory Department, Pension June 2005 ...... 4.42 additional twelve-month period ending Benefit Guaranty Corporation, 1200 K June 30, 2007, the Exchange’s pilot Street, NW., Washington, DC 20005, Multiemployer Plan Valuations program for odd-lot execution 202–326–4024. (TTY/TDD users may Following Mass Withdrawal procedures for Nasdaq securities traded call the Federal relay service toll-free at The PBGC’s regulation on Duties of on the Exchange pursuant to unlisted 1–800–877–8339 and ask to be Plan Sponsor Following Mass trading privileges. There is no proposed connected to 202–326–4024.) Withdrawal (29 CFR part 4281) new rule text. Amex is making no SUPPLEMENTARY INFORMATION: prescribes the use of interest changes to the pilot program as it Variable-Rate Premiums assumptions under the PBGC’s currently operates, other than extending regulation on Allocation of Assets in it through June 30, 2007.5 Section 4006(a)(3)(E)(iii)(II) of the Single-Employer Plans (29 CFR part Employee Retirement Income Security II. Self-Regulatory Organization’s 4044). The interest assumptions Act of 1974 (ERISA) and § 4006.4(b)(1) Statement of the Purpose of, and applicable to valuation dates in June of the PBGC’s regulation on Premium Statutory Basis for, the Proposed Rule 2006 under part 4044 are contained in Rates (29 CFR part 4006) prescribe use Change an amendment to part 4044 published of an assumed interest rate (the elsewhere in today’s Federal Register. In its filing with the Commission, ‘‘required interest rate’’) in determining Tables showing the assumptions Amex included statements concerning a single-employer plan’s variable-rate applicable to prior periods are codified the purpose of, and basis for, the premium. The required interest rate is in appendix B to 29 CFR part 4044. proposed rule change and discussed any the ‘‘applicable percentage’’ (currently comments it received on the proposed 85 percent) of the annual yield on 30- Issued in Washington, DC, on this 8th day of June 2006. rule change. The text of these statements year Treasury securities for the month may be examined at the places specified Vincent K. Snowbarger, preceding the beginning of the plan year in Item IV below. Amex has prepared for which premiums are being paid (the Acting Executive Director, Pension Benefit summaries, set forth in Sections A, B, Guaranty Corporation. ‘‘premium payment year’’). The required and C below, of the most significant interest rate to be used in determining [FR Doc. E6–9346 Filed 6–14–06; 8:45 am] aspects of such statements. variable-rate premiums for premium BILLING CODE 7709–01–P payment years beginning in June 2006 is A. Self-Regulatory Organization’s 4.42 percent (i.e., 85 percent of the 5.20 Statement of the Purpose of, and percent Treasury Securities Rate for SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule May 2006). COMMISSION Change The Pension Funding Equity Act of 1. Purpose 2004 (‘‘PFEA’’)—under which the [Release No. 34–53956; File No. SR–Amex– required interest rate is 85 percent of the 2006–55] The Commission approved, and the annual rate of interest determined by Exchange implemented, a pilot program Self-Regulatory Organizations; for odd-lot order 6 executions in Nasdaq the Secretary of the Treasury on American Stock Exchange LLC; Notice amounts invested conservatively in securities transacted on the Exchange of Filing and Immediate Effectiveness pursuant to unlisted trading privileges.7 long-term investment grade corporate of Proposed Rule Change Relating to bonds for the month preceding the Odd-Lots in Nasdaq Securities 3 beginning of the plan year for which 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(6). June 7, 2006. premiums are being paid—applies only 5 Telephone conversation between Sudhir for premium payment years beginning Pursuant to Section 19(b)(1) of the Bhattacharyya, Assistant General Counsel, and Mia in 2004 or 2005. Congress is considering Securities Exchange Act of 1934 Zur, Special Counsel, Division of Market legislation that would extend the PFEA (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Regulation, Commission, on June 7, 2006. rate for one more year. If legislation that 6 An odd-lot order is an order for less than 100 notice is hereby given that on May 25, shares. changes the rules for determining the 7 See Commentary .05 of Amex Rule 205, which required interest rate for plan years 1 15 U.S.C. 78s(b)(1). describes the manner of executing odd-lot orders in beginning in June 2006 is adopted, the 2 17 CFR 240.19b–4. general, and which for Nasdaq securities, references

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The pilot program was originally national best offer by $.05 or less. When III. Date of Effectiveness of the approved on August 2, 2002, for a six- the displayed national best bid is higher Proposed Rule Change and Timing for month period, was most recently than the displayed national best offer by Commission Action extended on December 30, 2005, and is more than $.05, odd-odd market orders Because the foregoing proposed rule 8 due to expire on June 30, 2006. are executed when the crossed market change: (1) Does not significantly affect Accordingly, as a result of the numerous condition no longer exits. In addition, in the protection of investors or the public prior extensions and the Exchange’s a crossed market conditio, executable interest; (2) does not impose any intention to continue the pilot program, odd-lot limit orders are executed at the significant burden on competition; and the Exchange currently proposes a crossed market bid price (in the case of (3) does not become operative for 30 twelve-month extension. an order to sell) or at the crossed market days from the date of filing, or such Under the Exchange’s current pilot offer price (in the case of an order to shorter time as the Commission may program, after the opening of trading in buy). For example, if the bid and offer designate if consistent with the Nasdaq securities, odd-lot market orders are 20.10 and 20.00, respectively, an protection of investors and the public and executable odd-lot limit orders are executable odd-lot sell limit order interest, the proposed rule change has executed at the qualified national best priced at 20.10 or less will be executed 9 become effective pursuant to Section bid or offer at the time the order is at 20.10 and an executable odd-lot buy 19(b)(3)(A) of the Act 12 and Rule 19b– received at the trading post or through limit order priced at 20.00 or higher will 4(f)(6) thereunder.13 As required by Rule Amex Order File. Odd-lot market orders be executed at 20.00. 19b–4(f)(6)(iii), Amex provided the and executable odd-lot limit orders Commission with written notice of its entered before the opening of trading in The Exchange believes that the existing odd-lot execution procedures intent to file the proposed rule change Nasdaq securities are executed at the at least five business days prior to filing price of the first round-lot or part of have operated efficiently. Furthermore, the Exchange has received no the proposal with the Commission or round-lot transaction on the Exchange. such shorter period as designated by the Non-executable limit orders, stop complaints from members or the public regarding odd-lot executions. Therefore, Commission. orders, stop limit orders, orders filled At any time within 60 days of the after the close, and non-regular way the Exchange seeks an extension to the pilot program for an additional twelve- filing of such proposal rule change, the traders are executed in accordance with Commission may summarily abrogate Amex Rules 205 A(2), A(3), A(4), C(1), month period ending June 30, 2007, which will provide the Exchange time such rule change if it appears to the and C(2), respectively. Orders to buy or Commission that such action is sell ‘‘at the close’’ are filled at the price to assess further enhancements to the odd-lot execution procedures. necessary or appropriate in the public of the closing round-lot sale on the interest, for the protection of investors, Exchange. In a locked market condition, 2. Statutory Basis or otherwise in furtherance of the odd-lot market orders and executable purposes of the Act. odd-lot limit orders are executed at the Amex believes that the proposed rule locked market price. In a crossed market change is consistent with Section 6(b) of IV. Solicitation of Comments condition, odd-lot market orders are the Act,10 in general, and furthers the Interested persons are invited to executed at the mean of the bid and objectives of Section 6(b)(5) of the Act,11 submit written data, views, and offer prices when the displayed national in particular, in that it is designed to arguments concerning the foregoing, best bid is higher than the displayed prevent fraudulent and manipulative including whether the proposed rule acts and practices, to promote just and change is consistent with the Act. Amex Rule 118(j), specifically describing the equitable principle of trade, to foster Comments may be submitted by any of Exchange’s odd-lot execution procedures for cooperation and coordination with Nasdaq securities. the following methods: persons engaged in facilitating 8 The pilot program originally approved on Electronic Comments August 2, 2002, was subsequently extended on July transactions in securities, to remove 14 and December 24, 2003; June 14 and December impediments to and perfect the • Use the Commission’s Internet 27, 2004; July 6 and January 13, 2006. See mechanism of a free and open market comment from (http://www.sec.gov/ Securities Exchange Act Release Nos. 46304 and a national market system, to protect rules/sro.shtml); or (August 2, 2002), 67 FR 51903 (August 9, 2002); • 48174 (July 14, 2003), 68 FR 43409 (July 22, 2003); investors and the public interest, and is Send an e-mail to rule- 48995 (December 24, 2003); 68 FR 75670 (December not designed to permit unfair [email protected]. Please include File 31, 2003); 49855 (June 14, 2004), 69 FR 35399 (June Number SR–Amex–2006–55 on the 24, 2004); 50934 (December 27, 2004), 70 FR 412 discrimination between customers, (January 4, 2005); 51975 (July 6, 2005), 70 FR 40409 issuers, brokers, or dealers. subject line. (July 13, 2005); and 53116 (January 13, 2006), 71 FR (January 23, 2006). B. Self-Regulatory Organization’s Paper Comments 9 In Amex Rule 118(j), the qualified national best Statement on Burden on Competition • Send paper comments in triplicate bid and offer for a Nasdaq security means the to Nancy M. Morris, Secretary, highest bid and lowest offer, respectively, Amex does not believes that the Securities and Exchange Commission, disseminated (A) by the Exchange or (B) by another proposed rule change will impose any market center participating in the Plan; provided, 100 F Street, NE., Washington, DC however, that the bid and offer in another such burden on competition. 20549–1090. market center will be considered in determining the qualified national best bid or offer in a stock only C. Self-Regulatory Organization’s All submissions should refer to File if (i) the quotation conforms to the requirements of Statement on Comments on the Number SR–Amex–2006–55. This file Amex Rule 127, (ii) the quotation does not result Proposed Rule Change Received From number should be included on the in a locked or crossed market, (iii) the market center subject line if e-mail is used. To help the is not experiencing operational or system problems Members, Participants or Others with respect to the dissemination of quotation Commission process and review your information, and (iv) the bid or offer is ‘‘firm,’’ that No written comments were solicited comments more efficiently, please use is, members o the market center dissemination the or received with respect to the proposed only one method. The Commission will bid of offer are not relieved of their obligations with rule change. post all comments on the Commission’s respect to such bid of offer under paragraph (c)(2) of Rule 602 of Regulation NMS pursuant to the ‘‘unusual market’’ exception of paragraph (a)(3) of 10 15 U.S.C. 78f(b). 12 15 U.S.C. 78s(b)(3)(A). Rule 602 of Regulation NMS. 11 15 U.S.C. 78f(b)(5). 13 17 CFR 240.19b–4(f)(6).

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Internet Web site (http://www.sec.gov/ change.3 On May 22, 2006, CHX filed the individual has satisfied these rules/sro.html). Copies of the Amendment No. 2 to the proposed rule training requirements. submission, all subsequent change.4 The Commission is publishing * * * * * amendments, all written statements this notice to solicit comments on the Unless required by [Subject to] the with respect to the proposed rule proposed rule change, as amended, from provisions of Article XXX, Rule 8 or change that are filed with the interested parties. when permitted by Section I.2 of Commission, and all written Self-Regulatory Organization’s Interpretation and Policy .01 of this communications relating to the Statement of the Terms of Substance of Rule, a specialist, co-specialist or relief proposed rule change between the the Proposed Rule Change specialist shall not relinquish their Commission, and all written positions until permission to do so is communications relating to the The CHX proposes to amend its rules received from the Committee on proposed rule change between the to permit the transfer of securities to Specialist Assignment and Evaluation. Commission and any person, other than different co-specialists within a * * * Interpretations and Policies: those that may be withheld from the specialist firm. Below is the text of the .01 COMMITTEE ON SPECIALIST public in accordance with the proposed rule change, as amended. 5 ASSIGNMENT AND EVALUATION provisions of 5 U.S.C. 552, will be Proposed new language is in italics; available for inspection and copying in proposed deletions are in [brackets]. ASSIGNMENT FUNCTION the Commission’s Public Reference ARTICLE XXX I. EVENTS LEADING TO ASSIGNMENT Room. Copies of such filing will be PROCEEDINGS available for inspection and copying at Specialists the principal office of the Amex. All Registration and Appointment * * * * * comments received will be posted 1. No change. RULE 1. No Participant shall act as a 2. Specialist Request. Any specialist without change; the Commission does specialist or co-specialist on the not edit personal identifying unit and co-specialist may ask to be Exchange in any security unless deregistered in one or more of its information from submissions. You registered as such in the particular should submit only information that assigned securities, and the Committee security. Except for the intrafirm on Specialist Assignment and you wish to make available publicly. All transfers of registration permitted by submissions should refer to File Evaluation (the Committee) will hear all Section I.2 of Interpretation and Policy such requests. The Committee will Number SR–Amex–2006–55 and should .01 of this Rule, [R]registration as either be submitted on or before July 6, 2006. initiate a reassignment proceeding if it a specialist or co-specialist shall be believes that such action is called for. For the Commission, by the Division of subject to the approval of the Exchange. The Committee may initiate a Market Regulations, pursuant to delegated * * * * * reassignment proceeding on the basis authority.14 An applicant for initial registration as that if the merits of the request are not J. Lynn Taylor, a co-specialist shall, or as otherwise established the security must be Assistant Secretary. may be determined by the Committee on retained by the registered specialist if no [FR Doc. 06–5418 Filed 6–14–06; 8:45 am] Specialist Assignment and Evaluation other unit appears to be able to make a BILLING CODE 8010–01–M be required to serve for a period of six better market or if no other unit applies. months in the capacity of relief * * * * * specialist under continuous supervision Exception, Intrafirm transfers that SECURITIES AND EXCHANGE of a registered co-specialist. No meet the criteria below do not require COMMISSION application for co-specialist in a the submission of an application or the [Release No. 34–53949; File No. SR–CHX– particular issue will be considered by approval of the Committee and will not 2006–04] the Committee on Specialist Assignment result in a proceeding by the Committee and Evaluation (and no intrafirm to reassign the security to another co- Self-Regulatory Organizations; transfer permitted by Section I.2 of specialist or specialist firm. Chicago Stock Exchange, Inc.; Notice Interpretation and Policy .01 of this Because a specialist unit is of Filing of a Proposed Rule Change Rule may be made) prior to the time that responsible both financially and as a and Amendment Nos. 1 and 2 Thereto regulatory matter for the activities of its Relating to the Transfer of Securities 3 In Amendment No. 1, the Exchange revised the co-specialists, a specialist unit might, Among Co-Specialists Within a rule text of the proposed rule change to clarify the from time to time, determine that the Specialist Firm application of the proposal to intrafirm transfers and revised the purpose section to discuss the responsibility for trading one or more June 6, 2006. proposed provision requiring the specialist unit to securities should be transferred from accurately represent its plans in the specialist one co-specialist to another within the Pursuant to Section 19(b)(1) of the application regarding designating a particular co- Securities Exchange Act of 1934 specialist to trade a security. same specialist unit. Without seeking (‘‘Act’’) 1 and Rule 19b–4 thereunder, 2 4 In Amendment No. 2, the Exchange revised the prior Committee approval, a specialist notice is hereby given that on March 8, rule text of the proposed rule change to clarify the unit may transfer the responsibility for 2006, the Chicago Stock Exchange, Inc. impact of a intrafirm transfer on the deregistration trading securities among the co- and registration of individual co-specialists within specialists associated with its firm, so (‘‘CHX’’ or ‘‘Exchange’’) filed with the a specialist firm and made non-substantive changes Securities and Exchange Commission to the proposed rule text. The proposed rule text long as (1) the specialist unit (‘‘Commission’’) the proposed rule set forth in Amendment No. 2 superceded and immediately notifies the Exchange, in change as described in Items I, II and III replaced the rule text set forth in the initial filing the manner required by the Exchange, of and Amendment No. 1 in its entirety. each such transfer; and (2) when such below, which Items have been prepared 5 The Exchange inadvertently failed to designate by the CHX. On May 3, 2006, CHX filed the phrase ‘‘as either a specialist or co-specialist’’ a transfer is made within six months of Amendment No. 1 to the proposed rule in the first paragraph of CHX Rule 1 as proposed an initial assignment of the security to new text. For clarity, the new text has been the specialist unit, the specialist unit underlined herein. The Exchange has committed to 14 must inform the Exchange, in writing, of 17 CFR 200.30–3(a)(12). file an amendment reflecting the fact that this 1 15 U.S.C. 78s(b)(1). phrase is new text prior to Commission approval of its reasons for making the change. Each 2 17 CFR 240.19b–4. the proposed rule change. such transfer by the specialist unit

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effectively deregisters a co-specialist in Committee’s approval. When the specialists or odd-lot dealers, and a the securities that the co-specialist no Committee assesses a situation Subcommittee is unable to be convened, longer trades and registers another co- involving the split-up or merger of the chairman, or a member of the specialist in any newly-assigned specialist units, [Among the factors] the Committee designated by the chairman, securities. Committee may consider a number of may make such temporary assignment [Without limiting the foregoing, the factors, including [are]: as he deems necessary, pending a final Committee will generally approve a co- 1. Co-specialist performance. determination by a Subcommittee or the specialist’s request for deregistration in 2. Specialist capital generally. full Committee. Any proposal or any security for the purpose of having 3. Specialist capital made available to agreement between or among the security assigned to another co- the particular co-specialist. specialists, co-specialists, relief specialist in the same specialist unit 4. Length of association between specialists or odd-lot dealers, to only under the following conditions:] specialist and co-specialist. exchange existing assignments, shall be [(a) For any security awarded to such 5. Length of time that the co-specialist submitted in writing to the co-specialist in competition, a period of has traded the security. Subcommittee for its consideration and, at least two years must have elapsed 6[5]. Whether the co-specialist has a if not disapproved by the Subcommittee from the date of the original assignment. proprietary interest in the trading profits within 30 days of the date of Alternatively, if the specialist unit or losses derived from the stock. submission, shall become effective as agrees to have the security posted, a 7[6]. Whether the specialist or co- written. period of at least one year (but less than specialist wishes to continue trading the 1. Applications. In applying, a two years) must have elapsed from the security. specialist unit should state the reasons date of the original assignment.] 8[7]. Performance of the proposed why it believes the stock should be [(b) For any security awarded to such new co-specialist. assigned to it. A standard application co-specialist without competition, no 9[8]. Financial capacity of the co- form is available from the Exchange and minimum time period is required.] specialist’s new specialist unit. should be used for this purpose. Except 3. No change. Based on its consideration of these as otherwise provided in paragraph 6, 4. Split-Up and/or Merger of and any other relevant factors, the below, the application must, at a Specialist Units. Committee will decide whether to (i) (a) No change. minimum, include the name and leave a security with the specialist, (ii) background of the co-specialist who will (b) When a security is to be assigned permit the co-specialist to take the or reassigned, specialists, not co- normally be trading the security and his security with him, or (iii) require a new ability and experience relative to the specialists, apply for registration. posting. In the event of a posting, the Article XXX, Rule 1.01.II. In applying issue being applied for. It is important existing specialist or co-specialist will that the application accurately for registration in a particular stock, be permitted to reapply for the stock. A however, a specialist must indicate the represent the specialist unit’s plans as decision to permit the specialist or co- to the co-specialist who will trade the individual co-specialist who will trade specialist to retain the security may be the stock. Article XXX, Rule 1.01.III. security. Also, if any special or unique made conditionally based on the characteristics of the security have been Therefore, although the Committee performance of the new co-specialist or assigns a stock to a specialist unit, not identified by the Committee, such as specialist. unusually high capital requirements or to the co-specialist, and the specialist is As noted above, intrafirm transfers responsible both financially and as a institutional participation making that meet the criteria set out in Section trading difficult, the applicant should regulatory matter for the activities of its I.2 of Interpretation and Policy .01 of co-specialists, it is the trading activities specifically note and comment on its this Rule do not require the approval of ability to deal with the special of the co-specialist that are the basis for the Committee and will not result in a the Committee’s evaluations. Thus, a characteristics. proceeding by the Committee to reassign * * * * * specialist and co-specialist are jointly the security to another co-specialist or responsible for each assignment and, specialist firm. III. GUIDELINES FOR ASSIGNMENT with the exception of an intrafirm 5.–8. No change. OF ISSUES TO CO-SPECIALISTS transfer permitted by Section I.2 of Interpretation and Policy .01 of this II. ASSIGNMENT PROCEDURES The guidelines set out in this Section Rule, a withdrawal of either party may * * * * * III apply to the assignment of securities require a new posting if circumstances The assignment procedures set out in by the Committee. These guidelines do warrant. this Section II do not apply to the not apply to the intrafirm transfers (c) Because the specialist is intrafirm transfers permitted by Section permitted by Section I.2 of financially responsible for the activities I.2 of Interpretation and Policy .01 of Interpretation and Policy .01 of this of its co-specialists, a co-specialist may this Rule. Intrafirm transfers that meet Rule. Intrafirm transfers that meet the act as such only with the concurrence the criteria set out in Section I.2 of criteria set out in Section I.2 of of the specialist. If, at any time, a Interpretation and Policy .01 of this Interpretation and Policy .01 of this specialist no longer wants a co- Rule do not require the submission of an Rule do not require the submission of an specialist to trade for it, the specialist— application or the approval of the application or the approval of the subject to the Committee’s approval— Committee. Committee. may terminate the relationship. In assigning specialists, co-specialists, * * * * * Similarly, a co-specialist—again subject relief specialists and odd-lot dealers, the 3. Because the Committee considers to the Committee’s approval—may Committee may act through a the demonstrated ability and experience terminate his relationship with a Subcommittee of not less than three of of the co-specialist designated by the specialist. With the exception of an its members, at least one of whom shall specialist unit when applying for the intrafirm transfer permitted by Section not be affiliated with a broker/dealer. assignment of a security, it is important I.2 of Interpretation and Policy .01 of Where emergency circumstances require that the specialist unit accurately this Rule, either of the decisions the expedited assignments of one or represent its plans for having that described above are subject tot he more specialists, co-specialists, relief particular co-specialist trade the

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security. A specialist unit must not specialists within each firm. These demonstrated ability and experience designate a co-specialist with relatively types of transfers might be used, for without good cause for making the strong demonstrated ability and example, when a particular security change. experience when applying for a security becomes more active than originally 2. Statutory Basis and then immediately transfer the envisioned and could be better handled security to a co-specialist with less by a more experienced trader. Under the The Exchange believes that the demonstrated ability and experience existing rules relating to the assignment proposed rule change, as amended, is without good cause for making the of securities, however, intrafirm consistent with Section 6(b)(5) of the change. transfers are not particularly favored. In Act 13 in that it would promote just and * * * * * fact, the Exchange’s rules typically equitable principles of trade, remove require the co-specialist to whom a impediments to, and perfect the II. Self-Regulatory Organization’s security was assigned in competition to mechanism of, a free and open market Statement of the Purpose of, and keep the assigned stock for a period of and a national market system, and, in Statutory Basis for, the Proposed Rule two years.9 general, protect investors and the public Change Through this submission, the interest by permitting specialist firms to In its filing with the Commission, the Exchange seeks to amend its rules to respond to various issues that may arise CHX included statements concerning permit the transfer of securities among by transferring securities among co- the purpose of, and basis for, the co-specialists within a firm, without specialists within the firm. proposed rule change, as amended, and seeking prior Committee approval, so B. Self-Regulatory Organization’s discussed any comments it received long as: (1) The specialist unit Statement on Burden on Competition regarding the proposal, as amended. The immediately notifies the Exchange of The Exchange does not believe that text of these statements may be such transfer; and (2) when such a examined at the places specified in Item the proposed rule change, as amended, transfer is made within six months of an will impose any burden on competition. IV below. The CHX has prepared initial assignment of the security to the summaries, set forth in Sections A, B, specialist unit, the specialist unit C. Self-Regulatory Organization’s and C below, of the most significant provides written notification to the Statement on Comments on the aspects of such statements. Exchange of the transfer decision and of Proposed Rule Change Received From 10 A. Self-Regulatory Organization’s its reasons for making the change. Members, Participants or Others Statement of the Purpose of, and Each intrafirm transfer by the specialist No written comments were solicited Statutory Basis for, the Proposed Rule unit effectively deregisters a co- or received. Change specialist in the securities that the co- specialist no longer trades and registers III. Date of Effectiveness of the 1. Purpose another co-specialist in any newly- Proposed Rule Change and Timing for Commission Action Under the Exchange’s current rules assigned securities.11 The Exchange relating to the assignment of securities believes that these changes will permit Within 35 days of the date of to specialist firms, the Committee on a specialist firm to have an appropriate publication of this notice in the Federal Specialist Assignment and Evaluation amount of flexibility to respond to a Register or within such longer period (i) (‘‘CSAE’’) assigns each security to a variety of issues, including changes in as the Commission may designate up to specialist firm and this firm is the volatility of a particular security and 90 days of such date if it finds such responsible both financially and as a the co-specialist’s ability to trade longer period to be appropriate and regulatory matter for the trading of the assigned securities.12 publishes its reasons for so finding or security.6 At the same time, however, Under the Exchange’s existing rules, (ii) as to which the self-regulatory when a specialist firm applies to trade when the CSAE makes a decision to organization consents, the Commission a security, it must identify the co- assign a particular security, the CSAE will: specialist that will trade the security considers the qualifications of the A. By order approve such proposed and the CSAE will review the co- specialist unit and the co-specialist’s rule change, as amended; or specialist’s trading performance in demonstrated ability and experience. B. Institute proceedings to determine making its assignment decision.7 As an Because the CSAE bases its decision, in whether the proposed rule change, as overall matter, the specialist firm and part, on a co-specialist ’s qualifications, amended, should be disapproved. the individual co-specialist are jointly it is important that a specialist firm IV. Solicitation of Comments accurately represent i ts plans for having responsible for each assigned security Interested persons are invited to a particular co-specialist trade a and the decision by either the firm or submit written data, views, and security. A specialist unit must not the individual trader to deregister in a arguments concerning the foregoing, designate a co-specialist with relatively security could result in the posting of including whether the proposed rule 8 strong demonstrated ability and the security for re-assignment. change, as amended, is consistent with Several specialist firms have experience when applying for a security the Act. Comments may be submitted by expressed interest in being able to and then immediately transfer the any of the following methods: transfer assigned securities among co- security to a co-specialist with less Electronic Comments 9 6 See Article XXX, Rule 1, Interpretation and See Article XXX, Rule 1, Interpretation and • Use the Commission’s Internet Policy .01, Section II, Introductory paragraphs; and Policy .01, Section I.2. Securities assigned without Section I.4. competition may be transferred without a waiting comment form (http://www.sec.gov/ 7 See Article XXX, Rule 1, Interpretation and period, but these transfers must be approved by the rules/sro.shtml); or Policy .01, Sections II and III. CSAE. • Send an e-mail to rule- 8 See Article XXX, Rule 1, Interpretation and 10 See supra note 4. [email protected]. Please include File Policy .01, Section I.4. Telephone conversation 11 Id. Number SR–CHX–2006–04 on the between Ellen Neely, President and General 12 The Exchange represents that these proposed Counsel, CHX and David Michehl, Special Counsel, rules are similar to provisions that are in place at subject line. Division of Market Regulation, Commission on May the New York Stock Exchange. See NYSE Rule 26, 2006. 103B, Section IV. 13 15 U.S.C. 78f(b)(4).

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Paper Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 extend this waiver through June 30, • Send paper comments in triplicate notice is hereby given that on May 26, 2007. to Nancy M. Morris, Secretary, 2006, the International Securities Second, the Exchange proposes to Securities and Exchange Commission, Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’) extend a fee waiver regarding its Station Place, 100 F Street, NE., filed with the Securities and Exchange ‘‘CLICK terminal,’’ which is the front- Washington, DC 20549–1090. Commission (‘‘Commission’’) the end order-entry terminal we provide to proposed rule change as described in members. Currently, the Exchange All submissions should refer to File Items I, II and III below, which Items Number SR–CHX–2006–04. This file waives software license and have been prepared by the ISE. The ISE maintenance fees, as well as Session/ number should be included on the has designated this proposal as one subject line if e-mail is used. To help the API fees (based on member log-ins), for establishing or changing a due, fee, or a member’s second and subsequent Commission process and review your other charge imposed by a self- comments more efficiently, please use CLICK terminals. This waiver also is regulatory organization pursuant to scheduled to expire on June 30, 2006.6 only one method. The Commission will section 19(b)(3)(A)(ii) of the Act 3 and post all comments on the Commission’s The Exchange believes that this waiver Rule 19b–4(f)(2) thereunder,4 which program encourages firms to install and Internet Web site (http://www.sec.gov/ renders the proposal effective upon rules/sro.shtml). Copies of the use multiple CLICKs and the Exchange filing with the Commission. The proposes to extend this waiver for an submission, all subsequent Commission is publishing this notice to amendments, all written statements additional year. The Exchange recently solicit comments on the proposed rule rolled out a new front-end order-entry with respect tot he proposed rule change from interested persons. change that are filed with the terminal, PrecISE Trade, which will I. Self Regulatory Organization’s eventually replace all existing CLICK Commission, and all written 7 communications relating to the Statement of the Terms of Substance of terminals. Once all of the CLICK proposed rule change between the the Proposed Rule Change terminals are phased-out, the ISE will Commission and any person, other than submit a proposed rule change to The ISE proposes to amend its those that may be withheld from the remove CLICK fees from its fee Schedule of Fees to extend two fee public in accordance with the schedule. waivers. The text of the proposed rule provisions of 5 U.S.C. 552, will be change is available at the Exchange, at 2. Statutory Basis available for inspection and copying in the Exchange’s Web site (http:// the Commission’s Public Reference The Exchange states that the basis www.iseoptions.com/legal/ Room. Copies of such filing also will be under the Act for this proposed rule proposed_rule_changes.asp) and at the available for inspection and copying at change is the requirement under section Commission’s Public Reference Room. 8 the principal office of the CHX. All 6(b)(4) that an exchange have an comments received will be posted II. Self-Regulatory Organization’s equitable allocation of reasonable dues, without change; the Commission does Statement of the Purpose of, and fees and other charges among its not edit personal identifying Statutory Basis for, the Proposed Rule members and other persons using its information from submissions. You Change. facilities. In particular, these fees would should submit only information that extend current waivers, thus effectively In its filing with the Commission, the you wish to make available publicly. All maintaining low fees. ISE included statements concerning the submissions should refer to File purpose of, and basis for, the proposed B. Self-Regulatory Organization’s Number SR–CHX–2006–04 and should rule change and discussed any Statement on Burden on Competition be submitted on or before July 6, 2006. comments it received on the proposal. The Exchange states that the proposed For the Commission, by the Division of The text of these statements may be rule change would not impose any Market Regulation, pursuant to delegated examined at the places specified in item authority.14 burden on competition that is not IV below. The Exchange has prepared necessary or appropriate in furtherance J. Lynn Taylor, summaries, set forth in Section A, B, of the purposes of the Act. Assistant Secretary. and C below, of the most significant [FR Doc. 06–5417 Filed 6–14–05; 8:45 am] aspects of such statements. C. Self-Regulatory Organization’s BILLING CODE 8010–01–M Statement on Comments on the A. Self-Regulatory Organization’s Proposed Rule Change Received From Statement of the Purpose of, and Members, Participants, or Others SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule The Exchange has not solicited, and COMMISSION Change. does not intend to solicit, comments on 1. Purpose [Release No. 34–53954; File No. SR–ISE– this proposed rule change. The 2006–29] The purpose of this proposed rule Exchange has not received any change is to extend two fee waivers. unsolicited written comments from Self-Regulatory Organization; First the Exchange currently waives members or other interested parties. International Securities Exchange, Inc.; most customer transaction fees, with III. Date of Effectiveness of the Notice of Filing and Immediate such waiver scheduled to expire on June Effectiveness of Proposed Rule Proposed Rule Change and Timing for 30, 2006.5 To remain competitive in the Commission Action Change Relating to Fee Waiver market place, the Exchange proposes to Extensions The foregoing proposed rule change

1 has become effective pursuant to section June 7, 2006. 15 U.S.C. 78s(b)(1). 2 Pursuant to section 19(b)(1) of the 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 6 See id. Securities Exchange Act of 1934 4 17 CFR 240.19b–4(f)(2). 7 See Exchange Act Release No. 34–53788 (May 5 See Exchange Act Release No. 34–51775 (June 11, 2006), 71 FR 28728 (May 17, 2006). 14 17 CFR 200.30–3(a)(12). 2, 2005), 70 FR 33569 (June 8, 2005). 8 15 U.S.C. 78f(b)(4).

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19(b)(3)(A)(ii) of the Act,9 and should submit only information that II. Self-Regulatory Organization’s paragraph (f)(2) of Rule 19b–4 you wish to make available publicly. All Statement of the Purpose of, and thereunder 10 because it establishes or submissions should refer to File Statutory Basis for, the Proposed Rule changes a due, fee, or other charge Number SR–ISE–2006–29 and should be Change among its members. At any time within submitted on or before July 6, 2006. In its filing with the Commission, the 60 days of the filing of the proposed rule For the Commission, by the Division of MSRB included statements concerning change, the Commission may summarily Market Regulations, pursuant to delegated the purpose of and basis for the abrogate such rule change if it appears authority.11 proposed rule change and discussed any to the Commission that such action is J. Lynn Taylor, comments it received on the proposed necessary or appropriate in the public Assistant Secretary. rule change. The text of these statements interest, for the protection of investors, [FR Doc. 06–5420 Filed 6–14–06; 8:45 am] may be examined at the place specified or otherwise in furtherance of the BILLING CODE 8010–01–M in Item IV below. The MSRB has purposes of the Act. prepared summaries, set forth in IV. Solicitation of Comments Sections A, B, and C below, of the most significant aspects of such statements. Interested persons are invited to SECURITIES AND EXCHANGE submit written data, views, and COMMISSION A. Self-Regulatory Organization’s arguments concerning the foregoing, Statement of the Purpose of, and [Release No. 34–53947; File No. SR–MSRB– including whether the proposed rule 2006–04] Statutory Basis for, the Proposed Rule change is consistent with the Act. Change Comments may be submitted by any of Self-Regulatory Organizations; 1. Purpose the following methods: Municipal Securities Rulemaking Board; Notice of Filing and Immediate Rule A–11, on Indemnification of Electronic Comments members and employees, states that • Effectiveness of Proposed Rule Use the Commission’s Internet Change Relating to Amendment to each member and employee of the comment form (http://www.sec.gov/ Rule A–11, on Indemnification of MSRB shall be indemnified and held rules/sro.shtml); or Members and Employees harmless against all liabilities and • Send an e-mail to rule- related expenses incurred in connection [email protected]. Please include File June 6, 2006. with the performance of his or her Number SR–ISE–2006–29 on the subject Pursuant to Section 19(b)(1) of the official duties, provided that such line. Securities Exchange Act of 1934 member or employee has acted, or 1 2 omitted to act, in good faith and within Paper Comments (‘‘Act’’), Rule 19b–4 thereunder, the scope of his or her authority. The • notice is hereby given that on May 25, Send paper comments in triplicate 2006, the Municipal Securities MSRB recently approved expanding the to Nancy M. Morris, Secretary, Rulemaking Board (‘‘MSRB’’ or indemnification provisions for Board Securities and Exchange Commission, ‘‘Board’’), filed with the Securities and members and employees. Because the 100 F Street, NE., Washington, DC Exchange Commission (‘‘Commission’’ language of the expanded provisions 20549–1090. or ‘‘SEC’’) the proposed rule change as was broader than the indemnification All submissions should refer to File described in Items, I, II and III below, provided under Virginia law, where the Number SR–ISE–2006–29. This file which Items have been prepared by the MSRB is incorporated as a nonstock number should be included on the MSRB. The MSRB has filed the proposal corporation, the expanded provisions subject line if e-mail is used. To help the pursuant to Section 19(b)(3)(A)(iii) of needed to be included in the MSRB’s Commission process and review your the Act,3 and Rule 19b–4(f)(3) Articles of Incorporation in order to be comments more efficiently, please use thereunder,4 which renders the proposal effective. The SEC recently approved a only one method. The Commission will effective upon filing with the proposed rule change consisting of the post all comments on the Commission’s Commission. The Commission is MSRB’s Restated Articles of Internet Web site (http://www.sec.gov/ publishing this notice to solicit Incorporation and By-Laws, which rules/sro.shtml). Copies of the comments on the proposed rule change included the expanded indemnification submission, all subsequent from interested persons. provisions in the Restated Articles of amendments, all written statements Incorporation.5 Thus, the proposed rule with respect to the proposed rule I. Self-Regulatory Organization’s change removes the indemnification change that are filed with Commission, Statement of the Terms of Substance of provisions from Rule A–11 (and By-Law and all written communications relating the Proposed Rule Change Article 11).6 to the proposed rule change between the The MSRB is filing with the 2. Statutory Basis Commission and any person, other than Commission a proposed rule change those that may be withheld from the consisting of an amendment to Rule A– The MSRB believes that the proposed public in accordance with the 11, on indemnification of members and rule change is consistent with Section provisions of 5 U.S.C. 552, will be employees, to delete the entire rule 15B(b)(2)(I) of the Act,7 which available for inspection and copying in language. The text of the proposed rule the Commission’s Public Reference change is available on the MSRB’s Web 5 See Securities Exchange Act Release No. 53804 Room. Copies of such filing also will be (May 15, 2006), 71 FR 29194 (May 19, 2006). site (http://www.msrb.org), at the 6 The MSRB stated in its filing of the Restated available for inspection and copying at MSRB’s principal office, and at the Articles of Incorporation and By-Laws that, once the ISE. All comments received will be Commission’s Public Reference Room. the MSRB obtains approval for the Restated Articles posted without change; the Commission of Incorporation by the Commonwealth of Virginia, the MSRB would file with the SEC to delete Rule does not edit personal identifying 11 17 CFR 200.30(a)(12). A–11 (and B-Law Article 11) for immediate information from submissions. You 1 15 U.S.C. 78s(b)(1). effectiveness. See File No. SR–MSRB–2006–02, 2 17 CFR 240.19b–4. Securities Exchange Act Release No. 53616 (April 9 15 U.S.C. 78s(b)(3)(A)(ii). 3 15 U.S.C. 78s(b)(3)(A)(iii). 7, 2006), 71 FR 19571 (April 14, 2006). 10 17 CFR 240.19b–4(f)(2). 4 17 CFR 240.19b–4(f)(3). 7 15 U.S.C. 78o–4(b)(2)(I).

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authorizes the MSRB to adopt rules that Station Place, 100 F Street, NE., of 1934 (‘‘Act’’),1 and Rule 19b–4 provide for the operation and Washington, DC 20549–1090. thereunder,2 a proposed rule change administration of the MSRB. The MSRB All submissions should refer to File consisting of an interpretive notice believes that the proposed rule change Number SR–MSRB–2006–04. This file relating to the definition of solicitation is consistent with this provision because number should be included on the for purposes of MSRB Rules G–37 and it is concerned solely with the operation subject line if e-mail is used. To help the G–38. On December 7, 2005, the MSRB and administration of the MSRB. Commission process and review your filed Amendment No. 1 to the proposed 3 B. Self-Regulatory Organization’s comments more efficiently, please use rule change. The proposed rule change, Statement on Burden on Competition only one method. The Commission will incorporating Amendment No. 1 (the post all comments on the Commission’s ‘‘original proposed rule change’’), was The MSRB does not believe that the Internet Web site (http://www.sec.gov/ published for comment in the Federal proposed rule change will impose any rules/sro.shtml). Copies of the Register on December 20, 2005.4 The burden on competition not necessary or submission, all subsequent Commission received one comment appropriate in furtherance of the amendments, all written statements letter regarding the proposal.5 On March purposes of the Act since it only applies with respect to the proposed rule 17, 2006, the MSRB filed Amendment to the operation and administration of change that are filed with the No. 2 to the proposed rule change in the MSRB. Commission, and all written response to comments on the original C. Self-Regulatory Organization’s communications relating to the proposed rule change.6 The proposed Statement on Comments on the proposed rule change between the rule change, incorporating Amendment Proposed Rule Change Received From Commission and any person, other than No. 2, was published for comment in Members, Participants or Others those that may be withheld from the the Federal Register on May 5, 2006.7 The Commission received no comment Written comments were neither public in accordance with the letters on the proposed rule change as solicited nor received. provisions of 5 U.S.C. 552, will be available for inspection and copying in amended by Amendment No. 2. This III. Date of Effectiveness of the the Commission’s Public Reference order approves the proposed rule Proposed Rule Change and Timing for Room. Copies of such filing also will be change as amended by Amendment Nos. Commission Action available for inspection and copying at 1 and 2. The proposed rule change has become the principal office of the MSRB. All The proposed rule change makes clear effective pursuant to Section 19(b)(3)(A) comments received will be posted that the central element in determining of the Act 8 and Rule 19b–4(f)(3) without change; the Commission does whether a communication is a thereunder 9 because it is concerned not edit personal identifying solicitation is whether the solely with the administration of the information from submissions. You communication occurs with the purpose MSRB. At any time within 60 days of should submit only information that of obtaining or retaining municipal the filing of the proposed rule change, you wish to make available publicly. All securities business. In addition, the the Commission may summarily submissions should refer to File proposed rule change consolidates the abrogate such rule change if it appears Number SR–MSRB–2006–04 and should MSRB’s guidance on the definition of to the Commission that such action is be submitted on or before July 6, 2006. solicitation for purposes of Rules G–37 necessary or appropriate in the public For the Commission, by the Division of and G–38. interest, for the protection of investors, Market Regulation, pursuant to delegated The Commission finds that the or otherwise in furtherance of the authority.11 proposed rule change, as amended, is purposes of the Act.10 J. Lynn Taylor, consistent with the requirements of the Act and the rules and regulations IV. Solicitation of Comments Assistant Secretary. [FR Doc. 06–5416 Filed 6–14–06; 8:45 am] Interested persons are invited to 1 BILLING CODE 8010–01–M 15 U.S.C. 78s(b)(1). submit written data, views, and 2 17 CFR 240.19b–4. arguments concerning the foregoing, 3 Amendment No. 1 clarifies that the central including whether the proposed rule SECURITIES AND EXCHANGE element in determining whether a communication change is consistent with the Act. is a solicitation is whether the communication COMMISSION occurs with the purpose of obtaining or retaining Comments may be submitted by any of municipal securities business, and makes certain the following methods: [Release No. 34–53961; File No. SR–MSRB– other changes. 2005–11] 4 See Securities Exchange Act Release No. 52948 Electronic Comments (December 13, 2005), 70 FR 75514 (December 20, • Use the Commission’s Internet Self-Regulatory Organizations; 2005) (the ‘‘Commission’s Original Notice’’). comment form (http://www.sec.gov/ Municipal Securities Rulemaking 5 See letter to Jonathan G. Katz, Secretary, Commission, from Leslie M. Norwood, Vice rules/sro.shtml); or Board; Order Approving Proposed Rule Change and Amendment Nos. 1 President and Assistant General Counsel, The Bond • Send an e-mail to rule- Market Association, dated January 10, 2006. [email protected]. Please include File and 2 Thereto Relating to Definition of 6 Amendment No. 2 deletes the footnote in the Number SR–MSRB–2006–04 on the Solicitation Under MSRB Rules G–37 original proposed rule change referencing guidance subject line: and G–38 on the meaning of solicitation under Rule G–37 previously provided in certain Question and Paper Comments June 8, 2006. Answer interpretations (the ‘‘Rule G–37 solicitation On June 10, 2005, the Municipal Qs&As’’) and instead inserts the substantive • Send paper comments in triplicate language of such Qs&As into the text of the to Nancy M. Morris, Secretary, Securities Rulemaking Board (‘‘MSRB’’ solicitation guidance provided in proposed rule Securities and Exchange Commission, or ‘‘Board’’), filed with the Securities change. The MSRB filed a companion proposed rule and Exchange Commission (‘‘SEC’’ or change (see File No. SR–MSRB–2006–01) to ‘‘Commission’’), pursuant to Section withdraw the Rule G–37 solicitation Qs&As and the 8 15 U.S.C. 78s(b)(3)(A). former Rule G–38 Question and Answer 9 17 CFR 240.19b–4(f)(3). 19(b)(1) of the Securities Exchange Act interpretations relating to consultants. 10 See Section 19(b)(3)(C) of the Act, 15 U.S.C. 7 See Securities Exchange Act Release No. 53747 78s(b)(3)(c). 1117 CFR 200.30–(a)(12). (May 1, 2006), 71 FR 26575 (May 5, 2006).

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thereunder applicable to the MSRB 8 or ‘‘Board’’), filed with the Securities established by the Commission, and, in particular, the requirements of and Exchange Commission (‘‘SEC’’ or including an extensive discussion of the Section 15B(b)(2)(C) of the Act and the ‘‘Commission’’), pursuant to Section comments received on earlier draft rules and regulations thereunder.9 19(b)(1) of the Securities Exchange Act versions of the proposed rule change Section 15B(b)(2)(C) of the Act requires, of 1934 (‘‘Act’’),1 and Rule 19b–4 that, among other things, explains the among other things, that the MSRB’s thereunder,2 a proposed rule change rationale for the MSRB’s rulemaking rules be designed to prevent fraudulent consisting of interpretive guidance on determinations. In addition, the MSRB and manipulative acts and practices, to customer protection obligations of stated that it provides comprehensive promote just and equitable principles of brokers, dealers and municipal information on the regulatory duties of trade, to foster cooperation and securities dealers (‘‘dealers’’) relating to dealers in connection with the coordination with persons engaged in the marketing of 529 college savings marketing of 529 college savings plans regulating, clearing, settling, processing plans. The proposed rule change was and other information useful to information with respect to, and published for comment in the Federal investors on its Web site at http:// facilitating transactions in municipal Register on May 2, 2006.3 The www.msrb.org/msrb1/mfs, and that any securities, to remove impediments to Commission received six comment member of the public seeking an and perfect the mechanism of a free and letters regarding the proposal.4 On June explanation of the proposal or any open market in municipal securities, 1, 2006, the MSRB filed a response to existing MSRB rule should not hesitate and, in general, to protect investors and the comment letters.5 This order to contact MSRB staff at (703) 797–6600. the public interest.10 In particular, the approves the proposed rule change. NASAA’s comment letter expressed Commission finds that the proposed The proposed rule change consists of support for the efforts made by the rule change will help dealers interpretive guidance on customer MSRB to strengthen the marketing rules understand their obligations under protection obligations of dealers relating and disclosure requirements in MSRB rules designed to maintain to the marketing of 529 college savings connection with the offer and sale of standards of fair practice and plans. The MSRB proposed an effective 529 plans. Nonetheless, NASAA said professionalism, thereby helping to date for the proposed rule change of 60 they were concerned that certain key maintain public trust and confidence in calendar days after Commission disclosure obligations set forth in earlier 7 the integrity of the municipal securities approval. A full description of the drafts of the MSRB’s guidance were market. proposal is contained in the omitted from the proposed rule change. It is therefore ordered, pursuant to Commission’s Notice. NASAA more specifically stated that Section 19(b)(2) of the Act,11 that the CSF, ICI, FSI and SIA supported the they believe removing the comparative proposed rule change (SR–MSRB–2005– proposed rule change. Mr. Traynor’s suitability analysis requirement and 11), as amended, be, and hereby is, comment letter requested clarity alleviating a broker-dealer’s obligation approved. concerning the meaning of the proposed to provide specific information rule change, stating that the proposal regarding home state 529 plan benefits For the Commission, by the Division of was 34 pages long. The MSRB noted in will have a detrimental effect on Market Regulation, pursuant to delegated 12 its response that the Commission’s customers. authority. Notice in the Federal Register 6 contains The MSRB’s Response Letter states J. Lynn Taylor, a two-page brief summary of the that the MSRB noted in its filing the Assistant Secretary. proposed rule change in Section II.A.1, potential adverse impact of the [FR Doc. E6–9347 Filed 6–14–06; 8:45 am] and that the remainder of the notice comparative suitability and specific BILLING CODE 8010–01–P consists of information required to be home state disclosure proposals as an included in the notice under the important factor in its approval of the MSRB’s regulatory obligations disclosure and suitability language SECURITIES AND EXCHANGE included in the proposed rule change. COMMISSION 1 15 U.S.C. 78s(b)(1). The MSRB stated that the comparative 2 17 CFR 240.19b–4. suitability and home state disclosure [Release No. 34–53959, File No. SR–MSRB– 3 2006–03] See Securities Exchange Act Release No. 53715 proposals from the 2005 Notice would (April 25, 2006), 71 FR 25867 (May 2, 2006) (the have imposed unprecedented new ‘‘Commission’s Notice’’). Self-Regulatory Organizations; 4 See letter from David J. Pearlman, Chairman, obligations on dealers to become Municipal Securities Rulemaking College Savings Foundation (‘‘CSF’’), dated April sufficiently knowledgeable about many Board; Order Approving Proposed 24, 2006; letter from Frank Traynor, dated April 28, or potentially all investment options Rule Change Consisting of Interpretive 2006; letter from Patricia D. Struck, President, available in the 529 college savings plan North American Securities Administrators Guidance on Customer Protection Association, Inc. (‘‘NASAA’’), dated May 22, 2006; market (including a large number of 529 Obligations of Brokers, Dealers and letter from Tamara K. Salmon, Senior Associate college savings plans that the dealer Municipal Securities Dealers Relating Counsel, Investment Company Institute (‘‘ICI’’), does not offer) in order to provide to the Marketing of 529 College dated May 22, 2006; letter from Dale E. Brown, accurate disclosures and to arrive at Executive Director & CEO, Financial Services Savings Plans Institute (‘‘FSI’’), dated May 23, 2006; and letter appropriate conclusions in connection from Elizabeth Varley, Vice President and Director with a comparative suitability analysis. June 8, 2006. of Retirement Policy, and Michael D. Udoff, Vice The MSRB stated that some state plans On March 31, 2006, the Municipal President, Associate General Counsel and Secretary, expressed objections over a provision Securities Rulemaking Board (‘‘MSRB’’ Securities Industry Association (‘‘SIA’’), dated May 31, 2006. that would require dealers that do not 5 See letter from Ernesto A. Lanza, Senior market their plans to make disclosures 8 In approving this rule the Commission notes Associate General Counsel, MSRB, to Martha M. about such plans. The MSRB also noted that it has considered the proposed rule’s impact on Haines, Chief, Office of Municipal Securities, efficiency, competition and capital formation. 15 a number of press reports detailing the Commission, dated June 1, 2006 (‘‘MSRB’s negative impact of the comparative U.S.C. 78c(f). Response Letter’’). The MSRB’s Response Letter 9 15 U.S.C. 78o–4(b)(2)(C). does not address SIA’s comment letter because the suitability proposal and anecdotal 10 Id. Commission received SIA’s comment letter after the 11 15 U.S.C. 78s(b)(2). comment period for the filing had closed. 7 See MSRB Notice 2005–28 (May 19, 2005) (the 12 17 CFR 200.30–3(a)(12). 6 See supra note 3. ‘‘2005 Notice’’).

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evidence that some dealers had been this regard under advisement pending SECURITIES AND EXCHANGE withdrawing from, or considering final action by the SEC on proposed COMMISSION limiting their offerings in, the 529 Rule 15c2–3. [Release No. 34–53960, File No. SR–MSRB– college savings market at least in part The Commission finds that the 2006–01] due to the proposal in the 2005 Notice. proposed rule change is consistent with Further, the MSRB stated that, as noted the requirements of the Act and the Self-Regulatory Organizations; in the filing, there is a potential for over- Municipal Securities Rulemaking emphasizing the importance of a rules and regulations thereunder applicable to the MSRB 8 and, in Board; Order Approving Proposed particular state’s beneficial state tax Rule Change and Amendment No. 1 particular, the requirements of Section treatment of an investment in its 529 Relating to Withdrawal of Obsolete college savings plan. 15B(b)(2)(C) of the Act and the rules and 9 Question-and-Answer Interpretive NASAA’s comment letter also stated regulations thereunder. Section Guidance Under Former Rule G–38, on that while they are encouraged by the 15B(b)(2)(C) of the Act requires, among Consultants, and Certain Question- point-of-sale disclosures outlined in the other things, that the MSRB’s rules be and-Answer Interpretive Guidance Commission’s Notice, they believe that designed to prevent fraudulent and Relating to the Definition of these disclosures would better serve the manipulative acts and practices, to ‘‘Solicitation’’ Under Rule G–37, on interests of investors if they were promote just and equitable principles of Political Contributions and provided in a more effective and timely trade, to foster cooperation and Prohibitions on Municipal Securities manner. NASAA questioned the coordination with persons engaged in Business effectiveness of providing the out-of- regulating, clearing, settling, processing state plan disclosures at the time of the information with respect to, and June 8, 2006. transaction. NASAA stated that they facilitating transactions in municipal On March 28, 2006, the Municipal Securities Rulemaking Board (‘‘MSRB’’ believe the out-of-state disclosures securities, to remove impediments to should be made well before the trade to or ‘‘Board’’), filed with the Securities and perfect the mechanism of a free and achieve maximum effectiveness, and and Exchange Commission (‘‘SEC’’ or open market in municipal securities, that the mechanism for this disclosure ‘‘Commission’’), pursuant to Section should be more specific and concrete. and, in general, to protect investors and 19(b)(1) of the Securities Exchange Act 10 The proposal provides that the out-of- the public interest. In particular, the of 1934 (‘‘Act’’),1 and Rule 19b–4 state disclosure obligation may be met if Commission finds that the proposed thereunder,2 a proposed rule change to the disclosure appears in the program rule change is consistent with the Act delete obsolete Question-and-Answer disclosure document, so long as the because it will further investor (‘‘Q&A’’) interpretive guidance under program disclosure document has been protection by strengthening and former Rule G–38, on consultants, and delivered to the customer at or prior to clarifying dealers’ customer protection certain Q&A interpretive guidance the time of trade and the disclosure obligations relating to the marketing of relating to the definition of appears in the program disclosure 529 college savings plans, including but ‘‘solicitation’’ under Rule G–37, on document in a manner that is not limited to the duty to provide political contributions and prohibitions reasonably likely to be noted by an important disclosures to customers on municipal securities business. On investor. NASAA stated that it is left investing in out-of-state 529 college April 20, 2006, the MSRB filed open to question whether or not savings plans relating to state tax Amendment No. 1 to the proposed rule customers will, in fact, take note of treatment and other benefits and to change.3 The proposed rule change was these disclosures. NASAA undertake active suitability analyses for published for comment in the Federal 4 recommended that broker-dealers be recommended transactions based on Register on May 5, 2006. The required to make a disclosure separate appropriately weighted factors. Commission received no comment from the plan document before their letters regarding the proposal. disclosure obligations are deemed It is therefore ordered, pursuant to The proposed rule change deletes fulfilled. Section 19(b)(2) of the Act,11 that the obsolete Q&A interpretive guidance The MSRB’s Response Letter stated proposed rule change (SR–MSRB–2006– under former Rule G–38, on consultants, that with respect to the manner and 03) be, and hereby is, approved. and certain Q&A interpretive guidance timing of the proposed time-of-trade For the Commission, by the Division of relating to the definition of disclosures to customers, the MSRB Market Regulation, pursuant to delegated ‘‘solicitation’’ under Rule G–37. On believes that it has achieved an authority.12 August 29, 2005, new Rule G–38, on appropriate balance that ensures that J. Lynn Taylor, solicitation of municipal securities the required disclosures are made in a business, became effective, superseding timely and balanced manner without Assistant Secretary. former Rule G–38 on consultants.5 The potentially over-emphasizing the home [FR Doc. E6–9352 Filed 6–14–06; 8:45 am] MSRB had previously published a state tax element as compared to the BILLING CODE 8010–01–P number of Q&A interpretations on the other numerous items of important former rule, none of which continue to information provided to customers. The apply to new Rule G–38 since the MSRB stated that it continues to consultant provisions to which they monitor the Commission’s proposed relate are no longer in effect. point-of-sale disclosure obligations in connection with mutual fund, variable 1 8 In approving this rule the Commission notes 15 U.S.C. 78s(b)(1). annuity and 529 college savings plan that it has considered the proposed rule’s impact on 2 17 CFR 240.19b–4. sales under proposed Exchange Act efficiency, competition and capital formation. 15 3 Amendment No. 1 deletes one additional Q&A Rule 15c2–3, which under certain U.S.C. 78c(f). providing interpretive guidance under Rule G–37 and former Rule G–38. circumstances could provide for the 9 15 U.S.C. 78o–4(b)(2)(C). 4 See Securities Exchange Act Release No. 53746 10 making of disclosures at a time prior to Id. (May 1, 2006), 71 FR 26577 (May 5, 2006). the time-of-trade. The MSRB stated that 11 15 U.S.C. 78s(b)(2). 5 Securities Exchange Act Release No. 52278 it has taken NASAA’s suggestions in 12 17 CFR 200.30–3(a)(12). (August 17, 2005); 70 FR 49342 (August 23, 2005).

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Accordingly, the MSRB is deleting all For the Commission, by the Division of italics; proposed deletions are in obsolete Rule G–38 Qs&As. Market Regulation, pursuant to delegated brackets.6 authority.11 The MSRB filed a related proposed J. Lynn Taylor, Rules of The NASDAQ Stock Market rule change 6 relating to the definition of LLC Assistant Secretary. solicitation under MSRB Rules G–37 [FR Doc. E6–9353 Filed 6–14–06; 8:45 am] * * * * * and G–38 (the ‘‘companion proposed [4480.] 4380. Termination Procedure rule change’’). The companion proposed BILLING CODE 8010–01–P (a) Failure to maintain compliance rule change inserts the substantive with the applicable provisions of [Rules language of the Rule G–37 solicitation SECURITIES AND EXCHANGE 4350, 4450, or 4360] the Rule 4300, Qs&As deleted in this proposal into the COMMISSION 4400 and 4500 Series will result in the text of the solicitation guidance termination of an issue’s listing unless provided in the companion proposed [Release No. 34–53964; File No. SR– an exception is granted as provided in rule change. Accordingly, the proposed NASDAQ–2006–005] the Rule 4800 Series. Termination shall rule change and the companion become effective in accordance with the proposed rule change consolidate the Self-Regulatory Organizations; The procedures set forth in the Rule 4800 MSRB’s guidance on the definition of NASDAQ Stock Market LLC; Notice of Series, including IM–4800. solicitation for purposes of Rules G–37 Filing of Proposed Rule Change and (b) and G–38. Amendment Nos. 1 and 2 Thereto To (1) An issuer may voluntarily Modify Nasdaq’s Delisting Procedures The Commission finds that the terminate its listing upon [written notice To Conform to Recent Amendments To proposed rule change, as amended, is to Nasdaq and application to the Commission Rules Regarding Removal consistent with the requirements of the Commission.] compliance with all From Listing and Withdrawal From requirements of Rule 12d2–2(c) under Act and the rules and regulations Registration the Exchange Act. In part, Rule 12d2– thereunder applicable to the MSRB 7 2(c) requires that the issuer may delist and, in particular, the requirements of June 8, 2006. 8 by filing an application on Form 25 with Section 15B(b)(2)(C) of the Act and the Pursuant to Section 19(b)(1) of the the Commission, provided that the rules and regulations thereunder. Securities Exchange Act of 1934 issuer: (i) Complies with all applicable 1 2 Section 15B(b)(2)(C) of the Act requires, (‘‘Act’’) and Rule 19b–4 thereunder, laws in effect in the state in which it is among other things, that the MSRB’s notice is hereby given that on April 4, incorporated and with the applicable rules be designed to prevent fraudulent 2006, The NASDAQ Stock Market LLC Nasdaq Rules; (ii) provides notice to and manipulative acts and practices, to (‘‘Nasdaq’’), filed with the Securities Nasdaq no fewer than 10 days before promote just and equitable principles of and Exchange Commission the issuer files the Form 25 with the trade, to foster cooperation and (‘‘Commission’’) the proposed rule Commission, including a statement of coordination with persons engaged in change as described in Items I, II, and the material facts relating to the reasons regulating, clearing, settling, processing III below, which Items have been for delisting; and (iii) contemporaneous information with respect to, and prepared by Nasdaq. On May 5, 2006, with providing notice to Nasdaq, facilitating transactions in municipal Nasdaq filed Amendment No. 1 to the publishes notice of its intent to delist, 3 securities, to remove impediments to proposal. On May 17, 2006, Nasdaq along with its reasons therefore, via a filed Amendment No. 2 to the and perfect the mechanism of a free and press release and on its web site, if it proposal.4 The Commission is open market in municipal securities, has one. Any notice provided on the publishing this notice to solicit and, in general, to protect investors and issuers web site pursuant to Rule 12d2– comments on the proposed rule change 9 2(c) must remain available until the the public interest. In particular, the from interested persons. Commission finds that the proposed delisting has become effective. The rule change will help dealers I. Self-Regulatory Organization’s issuer must also provide a copy of the understand their obligations under Statement of the Terms of the Substance Form 25 to Nasdaq simultaneously with MSRB rules designed to maintain of the Proposed Rule Change its filing with the Commission. Nasdaq standards of fair practice and will provide notice on its web site of the Nasdaq proposes to modify Nasdaq’s issuer’s intent to delist as required by professionalism, thereby helping to delisting procedures to comply with 5 Rule 12d2–2(c)(3). maintain public trust and confidence in Rule 12d2–2 under the Act, which (2) An issuer that seeks to voluntarily the integrity of the municipal securities became effective on April 24, 2006. delist a class of securities pursuant to market. Nasdaq would implement the Rule 4380(b)(1) that has received notice It is therefore ordered, pursuant to proposed rule change upon the later of from Nasdaq, pursuant to the Rule 4800 Section 19(b)(2) of the Act,10 that the its approval or the date Nasdaq begins Series or otherwise, that it fails to proposed rule change (SR–MSRB–2006– to operate as a national securities comply with one or more requirements exchange. 01), as amended, be, and hereby is, for continued listing, or that is aware The text of the proposed rule change approved. that it is below such continued listing is below. Proposed new language is in requirements notwithstanding that it has not received such notice from 6 See File No. SR–MSRB–2005–11. 1 15 U.S.C. 78s(b)(1). 2 7 In approving this rule the Commission notes 17 CFR 240.19b–4. 6 Changes are marked to the rule text that appears that it has considered the proposed rule’s impact on 3 Amendment No. 1 replaced the original in the electronic manual of The NASDAQ Stock efficiency, competition and capital formation. 15 proposed rule change in its entirety. Market, LLC found at http:// U.S.C. 78c(f). 4 In Amendment No. 2, Nasdaq amended the www.nasdaqtrader.com. These rules will become implementation date of the proposed rule change to 8 15 U.S.C. 78o–4(b)(2)(C). effective when Nasdaq fulfills certain conditions the later of Commission approval or the date and commences operations as a national securities 9 Id. Nasdaq begins to operate as a national securities exchange as set forth in Securities Exchange Act 10 15 U.S.C. 78s(b)(2). exchange. Release No. 53128 (January 13, 2006), 71 FR 3550 11 17 CFR 200.30–3(a)(12). 5 17 CFR 240.12d2–2. (January 23, 2006).

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Nasdaq, must disclose this fact 4805. Request for Hearing to the contrary, and [decision] (including the specific continued listing No change. represents the final action of Nasdaq requirements that it is below) in: (i) its 4806. The Listing Qualifications Panel [and will take immediate effect unless it specifies to the contrary]. If the Nasdaq statement of all material facts relating to (a)–(d) No change. the reasons for withdrawal from listing (e) If the Panel determines to delist Board determines to delist the issuer, provided to Nasdaq along with written the issuer and the issuer does not timely the securities of the issuer will be notice of its determination to withdraw request review by the Listing Council immediately suspended, unless the from listing required by Rule 12d2– and the Listing Council does not call the Nasdaq Board specifies to the contrary, 2(c)(2)(ii) under the Exchange Act; and matter for review or withdraws its call and Nasdaq will follow the procedures (ii) its press release and web site notice for review, Nasdaq will follow the described in IM–4800 and submit an required by Rule 12d2–2(c)(2)(iii) under procedures described in IM–4800 and application on Form 25 to the the Exchange Act. submit an application on Form 25 to the Commission to strike the security from * * * * * Securities and Exchange Commission to listing. [A copy of such application will IM–4800. Removal from Listing. strike the security from listing. [A copy be furnished to the issuer in accordance of such application will be furnished to with Section 12 of the Act and the rules Rules 4804(e), 4806(e), 4807(f) and thereunder.] 4809(c) provide that Nasdaq will delist the issuer in accordance with Section 12 of the Act and the rules thereunder.] [(d) If the Nasdaq Board declines to an issuer in certain circumstances, conduct a discretionary review or following Nasdaq’s determination that 4807. Review by the Nasdaq Listing and withdraws its call for review, the issuer the issuer no longer meets the Hearing Review Council shall be promptly provided with written requirements for continued listing and (a)–(e) No change. notice that the Listing Council Decision after the issuer has received notice of (f) If the Listing Council determines to represents the final action of Nasdaq.] that determination and an opportunity delist the issuer and the Nasdaq Board * * * * * to appeal the determination pursuant to does not call the matter for review or this Rule 4800 Series. This interpretive withdraws its call for review, Nasdaq II. Self-Regulatory Organization’s material describes the steps Nasdaq will will follow the procedures described in Statement of the Purpose of, and follow to effect such a delisting. IM–4800 and submit an application on Statutory Basis for, the Proposed Rule Consistent with Exchange Act Rule Form 25 to the Securities and Exchange Change 12d2–2, to effect a delisting, Nasdaq will Commission to strike the security from In its filing with the Commission, provide public notice of its final listing. [A copy of such application will Nasdaq included statements concerning determination to remove a security from be furnished to the issuer in accordance the purpose of and basis for the listing by issuing a press release and with Section 12 of the Act and the rules proposed rule change and discussed any posting notice on its web site. This thereunder.] comments it received on the proposed public notice will be disseminated no 4808. Reconsideration by the Listing rule change. The text of these statements fewer than 10 days before the delisting Qualifications Panel and the Listing and may be examined at the places specified becomes effective and will remain Hearing Review Council in Item IV below. Nasdaq has prepared posted until the delisting is effective. No change. summaries, set forth in Sections A, B, Following such public notification, 4809. Discretionary Review by Nasdaq and C below, of the most significant Nasdaq will file an application on Form Board aspects of such statements. 25 with the Commission to delist the security, and will promptly provide a (a) A Listing Council Decision may be A. Self-Regulatory Organization’s copy of that Form 25 to the issuer. The called for review by the Nasdaq Board Statement of the Purpose of, and Form 25, and the delisting of the solely upon the request of one or more Statutory Basis for, the Proposed Rule security, will become effective 10 days Director not later than the next Nasdaq Change after it is filed pursuant to Exchange Act Board meeting that is 15 calendar days 1. Purpose Rule 12d2–2(d)(1), unless the or more following the date of the Listing Commission postpones such delisting Council Decision. Such review shall be On July 14, 2005, the Commission pursuant to Rule 12d2–2(d)(3). undertaken solely at the discretion of adopted amendments to its rules the Nasdaq Board and will not operate * * * * * governing delisting from a national as a stay of the Listing Council Decision, securities exchange.7 These 4804. Written Notice of Staff unless the call for review specifies to amendments, which became effective on Determination the contrary. At the sole discretion of April 24, 2006, modified the procedures (a)–(d) No change. the Nasdaq Board, the call for review of surrounding the way an issuer (e) If an issuer receives a Staff a Listing Council Decision may be voluntarily delists from a national Determination (other than a Staff withdrawn at any time prior to the securities exchange and the way that a Determination that serves as a public issuance of a decision. national securities exchange delists an reprimand letter as described in Rule (b) No change. issuer for cause. As a result, Nasdaq is 4801(k)(2)) and does not request a (c) If the Nasdaq Board conducts a proposing certain changes to its rules to hearing within the period specified in discretionary review, the issuer shall be incorporate the requirements of Rule 4805, the securities of the issuer provided with a written decision that Commission Rule 12d2–2.8 Specifically, will be suspended and Nasdaq will meets the requirements of Rule 4811. Nasdaq proposes to require public follow the procedures described in IM– The Nasdaq Board may affirm, modify notice of Nasdaq’s final determination 4800 and submit an application on or reverse the Listing Council Decision to delist an issuer, no fewer than 10 Form 25 to the Securities and Exchange and may remand the matter to the days before the delisting becomes Commission to strike the security from Listing Council, Listing Qualifications effective, via a press release and posting listing. [A copy of such application will Panel, or staff of the Listing Department be furnished to the issuer in accordance with appropriate instructions. [This] 7 See Securities Exchange Act Release No. 52029 with Section 12 of the Act and the rules The decision of the Nasdaq Board will (July 14, 2005), 70 FR 42456 (July 22, 2005). thereunder.] take immediate effect, unless it specifies 8 17 CFR 240.12d2–2.

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on Nasdaq’s Web site.9 This notice will C. Self-Regulatory Organization’s public in accordance with the remain posted on the Web site until the Statement on Comments on the provisions of 5 U.S.C. 552, will be delisting is effective. Nasdaq also Proposed Rule Change Received From available for inspection and copying in proposes to clarify that it will follow Members, Participants, or Others the Commission’s Public Reference these same procedures upon the Written comments were neither Room. Copies of such filing also will be withdrawal of a call for review by the solicited nor received. available for inspection and copying at Nasdaq Listing and Hearing Review the principal office of the Exchange. All Council or the Nasdaq Board, as is III. Date of Effectiveness of the comments received will be posted permitted by existing Nasdaq Rules Proposed Rule Change and Timing for without change; the Commission does 4807(b) and 4809(d). Commission Action not edit personal identifying In addition, Nasdaq proposes to Within 35 days of the date of information from submissions. You relocate the existing requirements publication of this notice in the Federal should submit only information that concerning a voluntary delisting and Register or within such longer period (i) you wish to make available publicly. All adopt a new requirement that an issuer as the Commission may designate up to submissions should refer to File Number SR–NASDAQ–2006–005 and must comply with the provisions of 90 days of such date if it finds such should be submitted on or before July 6, Commission Rule 12d2–2(c) 10 when it longer period to be appropriate and 2006. wishes to voluntarily delist and also publishes its reasons for so finding or notify Nasdaq at the same time that it (ii) as to which the self-regulatory For the Commission, by the Division of organization consents, the Commission Market Regulation, pursuant to delegated files a Form 25 with the Commission to 14 voluntarily delist. This requirement will will: authority. facilitate Nasdaq’s compliance with its (A) By order approve such proposed J. Lynn Taylor, obligation to provide notice on its Web rule change, or Assistant Secretary. site that the issuer has determined to (B) Institute proceedings to determine [FR Doc. E6–9349 Filed 6–14–06; 8:45 am] withdraw its securities from listing and/ whether the proposed rule change BILLING CODE 8010–01–P or registration on Nasdaq.11 Nasdaq also should be disapproved. proposes to require an issuer that has IV. Solicitation of Comments received notice from Nasdaq that it fails SECURITIES AND EXCHANGE to comply with one or more Interested persons are invited to COMMISSION requirements for continued listing, or submit written data, views and [Release No. 34–53955; File No. SR–NASD– that otherwise is aware that it is below arguments concerning the foregoing, 2006–065] such continued listing requirements, to including whether the proposed rule disclose this fact in certain notices change is consistent with the Act. Self-Regulatory Organizations; required by Commission Rule 12d2– Comments may be submitted by any of National Association of Securities 2(c). the following methods: Dealers, Inc.; Notice of Filing and Electronic Comments Immediate Effectiveness of Proposed Finally, Nasdaq proposes to remove Rule Change and Amendment No. 1 Nasdaq Rule 4809(d) because it would • Use the Commission’s Internet Thereto Relating to the Establishment be redundant. comment form (http://www.sec.gov/ of an Annual Branch Office System 2. Statutory Basis rules/sro.shtml); or ( Send an e-mail to Processing Fee and the Waiver of the [email protected]. Please include Annual Branch Office System Nasdaq believes that the proposed File Number SR–NASDAQ–2006–005 Processing Fee and the Annual Branch rule change is consistent with Section 6 on the subject line. Office Registration Fee for One Branch 12 of the Act, in general and with Paper Comments Officer per Member per Year Sections 6(b)(5) of the Act,13 in particular, because it is designed to • Send paper comments in triplicate June 7, 2006. protect investors and the public interest to Nancy M. Morris, Secretary, Pursuant to Section 19(b)(1) of the by following Rule 12d2–2 under the Securities and Exchange Commission, Securities Exchange Act of 1934 Exchange Act and provide a fair 100 F Street, NE., Washington, DC (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 procedure for the prohibition or 20549–1090. notice is hereby given that on May 23, limitation of listing by Nasdaq. All submissions should refer to File 2006, the National Association of Number SR–NASDAQ–2006–005. This Securities Dealers, Inc. (‘‘NASD’’) filed B. Self-Regulatory Organization’s file number should be included on the with the Securities and Exchange Statement on Burden on Competition subject line if e-mail is used. To help the Commission (‘‘SEC’’ or ‘‘Commission’’) Commission process and review your the proposed rule change as described Nasdaq does not believe that the in Items, I, II and III below, which Items proposed rule change will result in any comments more efficiently, please use only one method. The Commission will have been prepared by NASD. On May burden on competition that is not 31, 2006, NASD filed Amendment No. necessary or appropriate in furtherance post all comments on the Commission’s 1 to the proposed rule change.3 NASD of the purposes of the Act. Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the has designated this proposal as submission, all subsequent establishing or changing a due, fee, or 9 See 17 CFR 240.12d2–2(b)(1). Nasdaq notes that other charge imposed by NASD Nasdaq Rule 4804 already requires notice to the amendments, all written statements issuer of the decision to delist the issuer’s with respect to the proposed rule pursuant to Section 19(b)(3)(A)(ii) of the securities, and Nasdaq Rules 4805 and 4807 provide change that are filed with the an opportunity for the issuer to appeal that Commission, and all written 1417 CFR 200.30–3(a)(12). decision. 1 15 U.S.C. 78s(b)(1). 10 communications relating to the 17 CFR 240.12d2–2(c) 2 17 CFR 240.19b–4. 11 17 CFR 240.12d2–2(c)(3). proposed rule change between the 3 In Amendment No. 1, NASD made technical 12 15 U.S.C. 78f(b). Commission and any person, other than changes to the rule filing, including correcting 13 15 U.S.C. 78f(b)(5). those that may be withheld from the certain underlining in the rule text.

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Act,4 and Rule 19b–4(f)(2) thereunder,5 Registration Depository (‘‘CRD’’ or In addition, NASD proposes to waive which renders the proposal effective ‘‘CRD system’’). Branch office the annual branch office registration fee upon filing with the Commission. The registration through the CRD system (for those NASD members who have Commission is publishing this notice to creates efficiencies for firms by, among been assessed such fee pursuant to solicit comments on the proposed rule other things, making it easier for firms Section 4(a)(1)(i) of Schedule A to the change, as amended, from interested to register or report branch offices and NASD By-Laws) and the annual branch persons. to manage their ongoing registration office system processing fee (for all and/or reporting responsibilities with I. Self-Regulatory Organization’s NASD members) for one branch office regard to those branch offices. In Statement of the Terms of Substance of per NASD member per year. The fee addition to being able to submit a single the Proposed Rule Change waiver is prospective only, and will take filing to fulfill the branch office effect for the year 2006 on July 3, 2006, NASD proposes to amend Section 4 of registration requirements of NASD, the implementation date for this Schedule A to the NASD By-Laws to: (1) NYSE, and states, firms benefit from the proposed rule change, as amended.8 Establish an annual branch office centralized fee collection, online work system processing fee and (2) waive the NASD has filed the proposed rule queues, electronic notifications and change, as amended, for immediate annual branch office system processing other features available through the CRD fee for one branch office per member per effectiveness. The implementation date system. Firms are also able to link their shall be July 3, 2006. year and, as specified in the proposed registered persons to the physical rule change, as amended, the annual location from which they work via the 2. Statutory Basis branch office registration fee for one Form BR, which not only aids branch office per member per year. regulators’ examination efforts, but NASD believes that the proposed rule NASD intends to implement the helps firms in meeting certain change, as amended, is consistent with proposed rule change, as amended, on the provisions of Section 15A(b)(5) of recordkeeping requirements. 9 July 3, 2006. The text of the proposed The purpose of the branch office the Act, which requires, among other rule change, as amended, is available on system processing fee is to recover the things, that NASD rules provide for the NASD’s Web site (http:// cost to NASD of developing and equitable allocation of reasonable dues, www.nasd.com), at NASD’s Office of the implementing the Form BR, as well as fees, and other charges among members Secretary, and at the Commission’s ongoing branch office system and issuers and other persons using any Public Reference Room. maintenance and enhancements. NASD facility or system that NASD operates or staff will monitor this fee to determine controls. NASD believes that the II. Self-Regulatory Organization’s proposed rule change, as amended, is Statement of the Purpose of, and whether adjustments are appropriate and will file rule changes to modify this designed to accomplish these ends by Statutory Basis for, the Proposed Rule equitably assessing the costs of Change fee, as appropriate. The fee is $20 upon the registration of a branch office and establishing and maintaining the CRD In its filing with the Commission, $20 annually thereafter per registered branch office registration system. NASD included statement concerning branch. the purpose of and basis for the B. Self-Regulatory Organization’s NASD proposes to begin assessing the Statement on Burden on Competition proposed rule change, as amended, and branch office system processing fee discussed any comments it received on during the third quarter of 2006 for all NASD does not believe that the the proposed rule change, as amended. branch offices in existence as of July 3, proposed rule change, as amended, will The text of these statements may be 2006. NASD proposes to bill firms for result in any burden on competition that examined at the places specified in Item all branch offices in existence as of July is not necessary or appropriate in IV below. NASD has prepared 3, 2006 via invoices, rather than through furtherance of the purposes of the Act. summaries, set forth in Sections A, B, the CRD system. For any branch office C. Self-Regulatory Organization’s and C below, of the most significant that is registered on or after July 3, 2006, Statement on Comments on the aspects of such statements. NASD proposes to assess and collect the Proposed Rule Change Received From branch office system processing fee A. Self-Regulatory Organization’s Members, Participants, or Others Statement of the Purpose of, and through the CRD system at such time as Statutory Basis for, the Proposed Rule the firm registers that new branch Written comments were neither Change office.6 Starting in December 2006, all solicited nor received on the proposed firms will assessed $20 annually for rule change, as amended. 1. Purpose each existing branch office as part of the On September 30, 2005, the SEC CRD renewal program.7 III. Date of Effectiveness of the approved NASD’s proposed Uniform Proposed Rule Change and Timing for Branch Office Registration Form (‘‘Form 6 The CRD system will be available on July 3, Commission Action 2006, for purposes of registering branch offices, but BR’’), which became effective on The proposed rule change, as October 31, 2005. The Form BR replaces will not be available on July 4, 2006. Firms will again be able to register branch offices through the amended, has become effective pursuant Schedule E of the Form BD, the New CRD system on July 5, 2006. to Section 19(b)(3)(A)(ii) 10 of the Act York Stock Exchange LLC (‘‘NYSE’’) 7 This proposed rule change, as amended, and paragraph (f)(2) of Rule 19b–4 Branch Office Application Form, and addresses the assessment and collection of branch 11 office system processing fees and the waiver of both thereunder, in that it establishes or certain state branch office forms. The changes a due, fee, or other charge Form BR enables firms to register the annual branch office registration fee and the annual branch office system processing fee for one applicable to NASD members. NASD branch offices electronically with branch office per member per year only with NASD, NYSE, and states that require respect to NASD member firms. The manner of 8 assessment and collection of branch office system Firms that have already paid their annual $75.00 branch registration or reporting via a branch office fees for the year 2006 will receive a single filing through the Central processing fees from firms that are solely members of other self-regulatory organizations (‘‘SROs’’) that $75.00 credit for one branch office. require their members to register branch offices via 9 15 U.S.C. 78o–3(b)(5). 4 15 U.S.C. 78s(b)(3)(A)(ii). the Form BR (currently, only NYSE) will be 10 15 U.S.C. 78s(b)(3)(A)(ii). 5 17 CFR 240.19b–4(f)(2). addressed by such SROs. 11 17 CFR 240.19b–4(f)(2).

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intends to implement the proposed rule available for inspection and copying at Rule 19b–4 thereunder,2 a proposed rule change, as amended, on July 3, 2006. the principal office of NASD. All change to effect a series of proposed At any time within 60 days of the comments received will be posted changes to the Exchange’s corporate filing of the proposed rule change, as without change; the Commission does structure that would allow for the amended, the Commission may not edit personal identifying demutualization of the Exchange. On summarily abrogate such rule change if information from submissions. You April 19, 2006, the NSX submitted it appears to the Commission that such should submit only information that Amendment No. 1 to the proposed rule action is necessary or appropriate in the you wish to make available publicly. All change.3 On April 25, 2006, the NSX public interest, for the protection of submissions should refer to File submitted Amendment No. 2 to the investors, or otherwise in furtherance of Number SR–NASD–2006–065 and proposed rule change, as amended.4 The the purposes of the Act.12 should be submitted on or before July 6, proposed rule change, as amended, was IV. Solicitation of Comments 2006. published for comment in the Federal For the Commission, by the Division of Register on May 3, 2006.5 The Interested persons are invited to Market Regulation, pursuant to delegated Commission has received one comment submit written data, views and authority.13 on the proposal.6 The NSX submitted a arguments concerning the foregoing, J. Lynn Taylor, response to the comment on June 5, including whether the proposed rule Assistant Secretary. 2006.7 This order approves the change, as amended, is consistent with proposed rule change, as amended. the Act. Comments may be submitted by [FR Doc. 06–5419 Filed 6–14–06; 8:45 am] any of the following methods: BILLING CODE 8010–01–M II. Description of Proposed Rule Change Electronic Comments a. Description of Demutualization • Use the Commission’s Internet SECURITIES AND EXCHANGE Transaction comment form (http://www.sec.gov/ COMMISSION Currently, NSX is a non-stock rules/sro.shtml); or [Release No. 34–53963, File No. SR–NSX– nonprofit Ohio corporation. NSX • Send an e-mail to rule- 2006–03] proposes to demutualize by reorganizing [email protected]. Please include File as a Delaware for-profit stock Number SR–NASD–2006–065 on the Self-Regulatory Organizations; corporation that would be a direct and SM subject line. National Stock Exchange ; Order wholly-owned subsidiary of a new Approving Proposed Rule Change and Delaware for-profit stock holding Paper Comments Amendment Nos. 1 and 2 Thereto • company (‘‘Holdings’’). To accomplish Send paper comments in triplicate Relating to the Demutualization of the the demutualization, NSX has to Nancy M. Morris, Secretary, National Stock Exchange established (i) two new Delaware stock Securities and Exchange Commission, June 8, 2006. for-profit corporations: Holdings, a 100 F Street, NE., Washington, DC direct and wholly-owned subsidiary of 20549–1090. I. Introduction NSX, and NSX Delaware Merger Sub, All submissions should refer to File On April 5, 2006, the National Stock Inc. (‘‘NSX Delaware Merger Sub’’), a Number SR–NASD–2006–065. This file ExchangeSM (‘‘NSX’’ or ‘‘Exchange’’) direct and wholly-owned subsidiary of number should be included on the filed with the Securities and Exchange Holdings, and (ii) one transitory Ohio subject line if e-mail is used. To help the Commission (‘‘Commission’’), pursuant stock for-profit corporation, NSX Ohio Commission process and review your to Section 19(b)(1) of the Securities Merger Sub, Inc. (‘‘NSX Ohio Merger comments more efficiently, please use Exchange Act of 1934 (‘‘Act’’),1 and Sub’’), also a direct and wholly-owned only one method. The Commission will subsidiary of Holdings.8 post all comments on the Commission’s 13 17 CFR 200.30–3(a)(12). Pursuant to an agreement and plan of Internet Web site (http://www.sec.gov/ 1 15 U.S.C. 78s(b)(1). merger, NSX would merge (‘‘Merger rules/sro.shtml). Copies of the 2 17 CFR 240.19b–4. #1’’) with and into NSX Ohio Merger submission, all subsequent 3 Amendment No. 1 (‘‘Amendment No. 1’’) made Sub, with NSX Ohio Merger Sub amendments, all written statements revisions to the proposed: Holdings Certificate of Incorporation, Sections (b)(iii)(B) and (C); Holdings surviving the merger as an Ohio for- with respect to the proposed rule By-Laws, Article III, Sections 3.1 and 3.4; NSX By- profit stock corporation that is a direct change that are filed with the Laws, Article III, Section 3.2(b); and NSX Rule 2.10. and wholly-owned subsidiary of Commission, and all written In addition, Amendment No. 1 added new proposed Holdings. As a result of Merger #1, NSX communications relating to the Section 3.6 to Article III of the Holdings By-Laws, requiring Holdings to take reasonable steps Ohio Merger Sub will be the initial proposed rule change between the necessary to cause its officers, directors, and successor-in-interest to NSX. Commission and any person, other than employees to consent to the applicability to them Immediately following Merger #1, those that may be withheld from the of Article III of the Holdings By-Laws. Finally, Amendment No. 1 made corresponding changes to pursuant to a second agreement and public in accordance with the Item 3 of Form 19b–4 and Exhibit 1 to describe the plan of merger, NSX Ohio Merger Sub provisions of 5 U.S.C. 552, will be effect of the foregoing Exhibit 5 revisions and also would merge (‘‘Merger #2’’) with and available for inspection and copying in add a description of proposed NSX Rule 2.10. 4 into NSX Delaware Merger Sub, with the Commission’s Public Reference Amendment No. 2 (‘‘Amendment No. 2’’) made changes to Item 3 of Form 19b–4 and Exhibit 1, NSX Delaware Merger Sub renamed Room. Copies of such filing also will be which changes were incorporated into the notice; National Stock Exchange, Inc. surviving see infra, note 5. the merger as a Delaware for-profit stock 12 The effective date of the original proposed rule 5 See Securities Exchange Act Release No. 53721 change is May 23, 2006, and the effective date of (April 25, 2006), 71 FR 26155 (May 3, 2006) Amendment No. 1 is May 31, 2006. For purposes (’’Demutualization Notice’’). 8 The Exchange stated that the establishment of of calculating the 60-day period within which the 6 See Letter from Ann Yerger, Executive Director, NSX Ohio Merger Sub and the process of Commission may summarily abrogate the proposed Council of Institutional Investors to Nancy M. demutualization through two mergers (as described rule change, as amended, under Section 19(b)(3)(C) Morris, Secretary, Commission, dated May 11, 2006 more fully in this document) are necessitated of the Act, the Commission considers the period to (‘‘CII Letter’’). because under Ohio law, NSX, as an Ohio nonprofit commence on May 31, 2006, the date on which 7 See Letter from James C. Yong, Chief Regulatory corporation, may not merge directly with and into NASD submitted Amendment No. 1. See 15 U.S.C. Officer, Exchange to Nancy M. Morris, Secretary, a foreign for-profit corporation, such as NSX 78s(b)(3)(C). Commission, dated June 5, 2006 (‘‘NSX Response’’). Delaware Merger Sub.

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corporation that is a direct and wholly- certificate held. If, however, the total stock (which is generally not entitled to owned subsidiary of Holdings.9 number of Class A shares to be received the right to vote) in exchange for its In the Demutualization Notice, the by a member that would hold an equity certificates of proprietary membership Exchange stated that upon completion trading permit entitling it to trading in NSX that are subject to put and call of Merger #2, NSX, the Delaware for- access on the Exchange after the rights under a Termination of Rights profit stock corporation, would be, in demutualization (an ‘‘ETP Holder’’), Agreement between NSX and CBOE effect, the successor-in-interest to NSX, together with any Class A shares to be dated September 27, 2004 (the the current Ohio non-stock nonprofit received by that member’s Related ‘‘TORA’’),17 and would receive shares of corporation, and would assume all of Persons,14 would exceed 20% of the Holdings Class A common stock in the assets and liabilities of the total number of Class A shares issued exchange for the remainder of its Exchange, including, without limitation, (and thus be in violation of an certificates of proprietary the adherence to, and the performance ownership limitation under the membership.18 The number of Class A of, the undertakings under the Order proposed Holdings Certificate of and Class B shares received by CBOE Instituting Administrative and Cease- Incorporation 15), that member would would be based on the discount formula and-Desist Proceedings Pursuant to receive shares of Class C common set forth in the Merger #1 merger Sections 19(b) and 21C of the Securities stock 16 (which would generally not be agreement. Exchange Act of 1934, Making Findings entitled to the right to vote) in lieu of Following the demutualization, and Imposing Sanctions, entered by the the shares of Class A common stock that persons and entities who have been Commission on May 19, 2005 10 (the are in excess of the 20% ownership qualified for membership under the ‘‘Order’’).11 NSX stated that it would limitation (and that the member would Exchange’s current Rules and, as a continue to engage in the business of have received were the 20% ownership result, have access to the Exchange’s operating a national securities exchange limitation not in effect under the trading facilities would separately registered under Section 6 of the Act.12 proposed Holdings Certificate of receive NSX equity trading permits Presently, the members of NSX hold Incorporation). (‘‘ETPs’’) entitling them to maintain certificates of proprietary membership The Chicago Board Options Exchange, their trading access to NSX and, as in NSX and have a right to trade on the Incorporated (‘‘CBOE’’) owns certificates noted above, would be referred to as exchange operated by NSX. On the of proprietary membership in NSX but ‘‘ETP Holders.’’ Shares of Holdings effective date of the demutualization is not a member of NSX. In the capital stock and ETPs would not be (the ‘‘Effective Date’’), each member of demutualization, CBOE would receive tied together. Following the NSX would receive 1,000 shares of shares of Holdings Class B common demutualization, former NSX members Holdings Class A common stock 13 for would be able to sell the shares of the first certificate of proprietary 14 Under the proposed Holdings Certificate of Holdings capital stock they receive in membership of NSX held by the Incorporation, Article Fifth, paragraph (a)(ii), connection with the demutualization, member and would receive a modestly ‘‘Related Persons’’ means, with respect to any Person: (A) Any ‘‘affiliate’’ of such Person (as such subject to the applicable restrictions in discounted number of shares of Class A term is defined in Rule 12b–2 under the Act); (B) the proposed Holdings Certificate of common stock (determined by a formula any other Person with which such first Person has Incorporation and Holdings By-Laws (as set forth in the Merger #1 merger any agreement, arrangement or understanding described more fully below), while agreement) for each additional (whether or not in writing) to act together for the purpose of acquiring, voting, holding or disposing retaining the ability to trade and operate of shares of the capital stock of the Corporation; (C) on the Exchange pursuant to their ETPs. 9 The term ‘‘NSX’’ in this document will also refer in the case of a Person that is a company, Any other person or entity that satisfies to the Exchange as a Delaware for-profit stock corporation or similar entity, any executive officer corporation after the demutualization. (as defined under Rule 3b–7 under the Act) or the regulatory requirements set forth in 10 See Securities Exchange Act Release No. 51714. director of such Person and, in the case of a Person the NSX Rules also would be able to 11 See Demutualization Notice. that is a partnership or limited liability company, obtain an ETP without regard to 12 15 U.S.C. 78f. Following the demutualization, any general partner, managing member or manager whether such person is a stockholder of of such Person, as applicable; (D) in the case of an the Exchange stated that earnings of NSX not Holdings. retained in its business may be distributed to its ETP Holder, any Person that is associated with the parent, Holdings, and Holdings would be ETP Holder (as determined using the definition of b. Summary of Proposed Rule Change authorized to pay dividends to the stockholders of ‘‘person associated with a member’’ as defined Holdings as and when they are declared by the under Section 3(a)(21) of the Act); (E) in the case The proposed rule change, as Board of Directors of Holdings, but subject to the of a Person that is an individual, any relative or amended, consists of the proposed limitation under the proposed NSX By-Laws that spouse of such Person, or any relative of such any revenues received by NSX from regulatory fees spouse who has the same home as such Person or or penalties may not be used to pay dividends. See who is a director or officer of the Corporation or any 17 In 1986, NSX and CBOE entered into an proposed NSX By-Laws, Section 10.4. of its parents or subsidiaries; (F) in the case of a agreement of affiliation pursuant to which CBOE 13 Holdings would be authorized to issue Person that is an executive officer (as defined under obtained certificates of proprietary membership in 1,100,000 shares of common stock having a par Rule 3b–7 under the Act) or a director of a NSX and certain rights associated with NSX, value of $.0001 per share (of which 900,000 shares company, corporation or similar entity, such including the right to hold certain seats on the will be designated as Class A common stock, company, corporation or entity, as applicable; and Board of Directors of NSX and certain put rights in 100,000 shares will designated as Class B common (G) in the case of a Person that is a general partner, connection with its certificates of proprietary stock and 100,000 shares will be designated as Class managing member or manager of a partnership or membership in NSX. Under the TORA, CBOE C common stock) and 100,000 shares of preferred limited liability company, such partnership or agreed to relinquish, upon certain terms, certain of stock having a par value of $.0001 per share. The limited liability company, as applicable. these rights in exchange for cash payments and Class A common stock would be entitled to one 15 See infra subsection II.b.(1)(a)(iv). other undertakings. See Securities Exchange Act vote per share, absent a provision in the Holdings 16 Each share of Class C common stock issued Release No. 34–51033 (January 13, 2005), 70 FR Certificate of Incorporation fixing or denying voting would be convertible, at the option of its holder, to 3085 (January 19, 2005) (File No. SR–NSX–2004– rights. Neither the Class B nor Class C common one share of Class A common stock upon the 12). See also infra subsection II.b.(1)(b)(ii). stock would be entitled to vote, unless the matter satisfaction of certain notification and other 18 Each share of Class B common stock would at issue would the alter the rights, preferences, requirements under the Holdings Certificate of automatically convert to one share of Class A privileges or limitations (other than the right to Incorporation, but only to the extent that the common stock upon its transfer, in accordance with vote) of that stock, respectively, without also conversion does not violate the limitations on the TORA, to a bona fide third party purchaser altering the rights, preferences, privileges and ownership, transfer and voting applicable to Class unaffiliated with CBOE. See proposed Holdings limitations of the Class A common stock in an A common stock under the Holdings Certificate of Certificate of Incorporation, Article Fourth, identical manner. See proposed Holdings Certificate Incorporation, as more fully described in this paragraph (c). NSX stated that the Class B shares of Incorporation, Article Fourth, and proposed document. See proposed Holdings Certificate of would be transferable only under extraordinary Holdings By-Laws, Section 4.10. Incorporation, Article Fourth, paragraph (d). circumstances.

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Holdings Certificate of Incorporation with the term of office of one class Holdings Board determines.29 The CEO and Holdings By-Laws and the proposed expiring each year.20 would be responsible to the Holdings changes to the Articles of Incorporation The Holdings Board would elect its Board for management of the business and By-Laws of the Exchange that Chairman from among the directors on affairs of Holdings.30 The officers of reflect governance and corporate form the Holdings Board, and may elect a Holdings would have the duties and changes. In addition, the proposed rule vice-chairman to perform the functions authority set forth in the Holdings By- change includes proposed changes to of the Chairman in his or her absence.21 Laws or given to them by the Holdings the Rules of the Exchange that are At each annual meeting of the Board, and in the case of the President, necessary to implement the proposed stockholders of Holdings at which a the Secretary, and the Treasurer, given equity trading permit structure. NSX quorum is present, the individuals to them by the Chief Executive Officer.31 also proposes to move certain receiving a plurality of the votes cast of Any two or more offices may be held by provisions in the current By-Laws of the Class A shares would be elected the same person, except that the NSX respecting members, listing directors of Holdings.22 At an election of Secretary may not also serve as the CEO standards, and other matters not relating directors, each Holdings stockholder or the President. No person that is to the Exchange’s corporate governance would be entitled to one vote for each subject to any ‘‘statutory to the NSX Rules. share of Class A common stock owned disqualification’’ (within the meaning of 23 Section 3(a)(39) of the Act) may be an (1) Corporate Structure by that stockholder. Class B and Class C shares shall not be entitled to vote at officer of Holdings.32 (a) Holdings 24 an election of directors. (iv) Stockholder Restrictions Following the demutualization, In most cases, vacancies on the Holdings would be the parent company Holdings Board would be filled by the The Holdings Certificate of and sole stockholder of NSX. NSX remaining directors of Holdings. If the Incorporation and the Holdings By-Laws stated that all of the issued and vacancy has resulted from a director place certain restrictions on the ability outstanding stock of Holdings initially being removed for cause by the to transfer, own, and vote the capital would be owned by the former owners stockholders of Holdings, however, that stock of Holdings. of certificates of proprietary vacancy may be filled by the (1) Restrictions on Voting membership in the Exchange. stockholders of Holdings at the same meeting at which the director was The Holdings Certificate of As sole stockholder of NSX, Holdings 33 would have the right to elect the Board removed. Any director appointed to fill Incorporation prohibits any Person, of Directors of NSX, subject to certain a vacancy will serve until the expiration either alone or together with its Related provisions in the Holdings By-Laws that of the term of office of the replaced Persons, from (a) voting or giving a require Holdings to vote for certain director or until the end of the term for proxy or consent with respect to shares 25 persons nominated for ETP Holder a newly-created directorship. representing more than 20% of the voting power of the then-issued and Director positions and certain persons (ii) Committees of Holdings nominated for CBOE Director positions, outstanding capital stock of Holdings; or in each case in accordance with the The Holdings Board would have an (b) entering into any agreement, plan, or revised governance documents of NSX. Audit Committee, a Governance and arrangement that would result in the The Holdings Certificate of Nominating Committee, and such other shares of Holdings subject to that Incorporation and the Holdings By-Laws committees that the Holdings Board agreement, plan, or arrangement not 26 would govern the activities of Holdings. establishes. The Chairman of the being voted on a matter, or any proxy Holdings Board would appoint the relating thereto being withheld, where (i) Holdings Board of Directors members of all committees of the the effect of that agreement, plan, or The business and affairs of Holdings Holdings Board, and may remove any arrangement would be to enable any would be managed by its Board of member so appointed, subject to the Person, alone or together with its 27 Directors (‘‘Holdings Board’’). The approval of the Holdings Board. Each Related Persons, to obtain more than Holdings Board would consist of committee would have the authority 20% of the voting power of the then- between 10 and 16 persons, as and duties prescribed for it in the issued and outstanding capital stock of 34 determined by the Holdings Board, one Holdings By-Laws or by the Holdings Holdings. 28 of which shall be the Chief Executive Board. This restriction would not apply to Officer (‘‘CEO’’) of Holdings. The (iii) Officers of Holdings the Class B or Class C common stock Holdings Board would initially have 13 and, as to the Class A common stock directors after the demutualization. No The officers of Holdings would be a owned by Persons other than ETP person that is subject to any ‘‘statutory CEO, a President, a Secretary, a Holders and their Related Persons, may disqualification’’ (within the meaning of Treasurer, and such other officers as the be waived by Holdings Board pursuant Section 3(a)(39) of the Act) may be a to a resolution adopted by the Holdings director of Holdings.19 20 See proposed Holdings Certificate of Incorporation, Article Sixth, Section (b), and 29 See proposed Holdings By-Laws, Section 6.1. The directors of Holdings would be proposed Holdings By-Laws, Section 2.2(c). 30 See proposed Holdings By-Laws, Section 6.4. divided into three classes, which would 21 See proposed Holdings By-Laws, Section 2.3(a). 31 See proposed Holdings By-Laws, Sections 6.1, 22 be as nearly equal in number as the total See proposed Holdings By-Laws, Section 4.8. 6.4, 6.5, 6.6, and 6.7. 23 number of directors then constituting See proposed Holdings Certificate of 32 See proposed Holdings By-Laws, Section 6.1. Incorporation, Article Fourth, paragraph (b), and the entire Holdings Board. After 33 Article Fifth of the proposed Holdings proposed Holdings By-Laws, Section 4.10. completion of an initial phase-in Certificate of Incorporation defines a ‘‘Person’’ to 24 See proposed Holdings Certificate of schedule, the directors of Holdings mean ‘‘an individual, partnership (general or Incorporation, Article Fourth, paragraphs (c) and limited), joint stock company, corporation, limited would serve staggered three-year terms, (d). liability company, trust or unincorporated 25 See proposed Holdings By-Laws, Section 2.4. organization, or any governmental entity or agency 19 See proposed Holdings Certificate of 26 See proposed Holdings By-Laws, Section 5.1. or political subdivision thereof.’’ Incorporation, Article Sixth, Section (a), and 27 See proposed Holdings By-Laws, Section 5.2. 34 See proposed Holdings Certificate of proposed Holdings By-Laws, Sections 2.2(a) and (b). 28 See proposed Holdings By-Laws, Section 5.3. Incorporation, Article Fifth, paragraph (b)(ii)(C).

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Board.35 Before adopting such (within the meaning of Section 3(a)(39) extent of the violation.46 Further, if any resolution, however, the Holdings Board of the Act).41 Finally, any Holdings stockholder purports to sell, transfer, must determine that, among other Board resolution that would permit assign, pledge, vote, or own any shares things, the waiver of the voting ownership of Holdings capital stock in that would violate the ownership and limitation will not impair the ability of excess of the ownership limitation voting restrictions, Holdings would NSX to carry out its functions and described above must be filed with and have the right to, and would generally responsibilities under the Act and the approved by the Commission before it be required to promptly, redeem such rules and regulations promulgated becomes effective.42 shares at a price equal to the par value thereunder, and will not impair the In addition to the ownership of the shares.47 Also, a stockholder that Commission’s ability to enforce the Act restriction described above, no ETP alone or together with its Related and the rules and regulations Holder, whether alone or together with Persons owns five percent or more of promulgated thereunder.36 In addition, its Related Persons, may own shares the then outstanding shares of the the Holdings Board also must determine constituting more than 20% of any class capital stock of Holdings entitled to vote that a Person and its Related Persons of capital stock of Holdings.43 However, in an election of directors must, upon that would vote more than 20% of the this ownership restriction would not acquiring knowledge of such ownership, outstanding stock of Holdings are not apply to any ETP Holder, with respect immediately give the Holdings Board subject to an applicable ‘‘statutory to shares of Class C common stock of written notice of such ownership.48 disqualification’’ (within the meaning of Holdings issued to the ETP Holder in Holdings may also require any Person Section 3(a)(39) of the Act).37 Finally, connection with, and from the date of, reasonably believed to be subject to and any resolution of the Holdings Board the demutualization of NSX so long as in violation of the voting and ownership that would permit a Person to vote more the ETP Holder becomes compliant with restrictions to provide to Holdings than 20% of the outstanding stock of the ownership limitation promptly after information relating to such potential Holdings must be filed with and such issuance.44 violation.49 approved by the Commission before it (4) Restrictions on Transfer becomes effective.38 (3) Other Stockholder Ownership and Voting Restriction Requirements Members, former members, and other (2) Restrictions on Ownership equity owners of NSX who receive The proposed Holdings Certificate of shares of capital stock of Holdings in the Under the proposed Holdings Incorporation contains several demutualization may not sell, transfer, Certificate of Incorporation, no Person, provisions that would enable Holdings or otherwise dispose of those shares for either alone or together with its Related to enforce restrictions on the ownership the first thirty days following their Persons, may own shares constituting and voting of Holdings capital stock issuance, unless the Holdings Board more than 40% of any class of capital described in the preceding section. waives this transfer restriction.50 stock of Holdings (other than a class of Specifically, if a stockholder purports to stock without general voting rights).39 Also, unless waived by the Holdings sell, transfer, assign, or pledge to any Board or pursuant to a redemption of The Holdings Board may waive this Person (other than Holdings) any shares ownership limitation pursuant to a shares by Holdings, each stockholder of of Holdings that would violate the Holdings would be prohibited from resolution adopted by the Holdings ownership restrictions, Holdings would Board. Before adopting such resolution, selling, transferring, or otherwise record on its books the transfer of only disposing of common shares of Holdings however, the Holdings Board must the number of shares that would not determine that, among other things, the except in amounts of at least 1,000 violate the restrictions and would treat shares (unless the stockholder is waiver of the ownership limitation the remaining shares as owned by the would not impair the ability of NSX to transferring all shares owned), and no purported transferor, for all purposes, stockholder would be permitted to carry out its functions and including, without limitation, voting, responsibilities under the Act and the transfer any capital stock of Holdings payment of dividends, and (other than pursuant to a redemption of rules and regulations promulgated distributions.45 thereunder and would not impair the shares by Holdings) until all amounts In addition, if any stockholder Commission’s ability to enforce the Act due and owing from that stockholder to purports to vote, or to grant any proxy and the rules and regulations NSX have been paid.51 or enter into any agreement, plan, or promulgated thereunder.40 In the event that a stockholder desires arrangement relating to the voting of In addition, the Holdings Board also to transfer shares of capital stock of shares that would violate the voting must determine that any Person and its Holdings to any person (other than an restrictions, Holdings would not honor Related Persons that would own more affiliate of the stockholder or to another such vote, proxy, or agreement, plan, or than 40% of any class of capital stock holder of the same class of capital stock) other arrangement to the extent that the of Holdings are not subject to any prior to January 1, 2011, Holdings restrictions would be violated, and any applicable ‘‘statutory disqualification’’ would have a right of first refusal shares subject to that arrangement permitting it to purchase those shares, 35 See proposed Holdings Certificate of would not be entitled to be voted to the Incorporation, Article Fifth, paragraphs (b)(iii)(A) 46 Id. and (B). See Amendment No. 1, supra note 3. 41 15 U.S.C. 78c(a)(39); see proposed Holdings 47 See proposed Holdings Certificate of 36 See proposed Holdings Certificate of Certificate of Incorporation, Article Fifth, paragraph Incorporation, Article Fifth, paragraph (e). Incorporation, Article Fifth, paragraph (b)(iii)(B). (b)(iv). 48 See proposed Holdings Certificate of 37 15 U.S.C. 78c(a)(39); see proposed Holdings 42 See proposed Holdings Certificate of Incorporation, Article Fifth, paragraph (c)(i). Such Certificate of Incorporation, Article Fifth, paragraph Incorporation, Article Fifth, paragraphs (b)(iii)(B) notice must also be updated under certain (b)(iv). and (C). circumstances. See proposed Holdings Certificate of 38 See proposed Holdings Certificate of 43 See proposed Holdings Certificate of Incorporation, Article Fifth, paragraph (c)(ii). Incorporation, Article Fifth, paragraph (b)(iii)(B). Incorporation, Article Fifth, paragraph (b)(ii)(B). 49 See proposed Holdings Certificate of 39 See proposed Holdings Certificate of 44 See proposed Holdings Certificate of Incorporation, Article Fifth, paragraph (c)(iii). Incorporation, Article Fifth, paragraphs (b)(ii)(A) Incorporation, Article Fifth, paragraph (b)(iii)(C). 50 See proposed Holdings Certificate of and (b)(iii)(A). See Amendment No. 1, supra note 3. Incorporation, Article Fifth, paragraph (b)(i). 40 See proposed Holdings Certificate of 45 See proposed Holdings Certificate of 51 See proposed Holdings By-Laws, Sections 9.4 Incorporation, Article Fifth, paragraph (b)(iii)(B). Incorporation, Article Fifth, paragraph (d). and 9.5(b).

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except for transfers by bequest, purposes.56 In addition, the Holdings with and approved by, the Commission, operation of law, or judicial decree By-Laws provide that, to the extent they as the case may be.60 under certain circumstances.52 are related to the activities of NSX, the (b) NSX In addition to these transfer books, records, premises, officers, restrictions, shares of Holdings would directors, agents, and employees of Following the demutualization, NSX be ‘‘restricted securities’’ under the Holdings are deemed to be the books, would become a Delaware for-profit Securities Act of 1933 (‘‘Securities Act’’) records, premises, officers, directors, stock corporation, with the authority to and only may be transferred pursuant to agents, and employees of NSX for the issue 1,000 shares of common stock. At an effective registration statement under purposes of, and subject to oversight all times, all of the voting stock of NSX the Securities Act and in accordance pursuant to, the Act.57 would be owned by Holdings.61 NSX with applicable state securities laws or, would continue to be the entity Pursuant to the Holdings By-Laws, if an exemption from registration is registered as a national securities Holdings must comply with the Federal available, upon delivery to Holdings of exchange under Section 6 of the Act 62 securities laws and the rules and a satisfactory opinion of counsel that and, accordingly, NSX would continue regulations promulgated thereunder. such transfer may be effected pursuant to be a self-regulatory organization The Holdings By-Laws also provide that to the exemption. In addition, counsel (‘‘SRO’’).63 to Holdings may require delivery of Holdings must cooperate with the documentation to ensure that the Commission and NSX pursuant to and (i) Governing Documents and NSX Rules transfer complies with the Securities to the extent of their respective The proposed NSX Certificate of Act and state securities laws before such regulatory authority, and that the Incorporation,64 NSX By-Laws, and transfer is effected.53 In the officers, directors, employees, and NSX Rules (with the proposed changes Demutualization Notice, the Exchange agents of Holdings, by virtue of their described in this document) would stated that Holdings had no intention to acceptance of such position, are deemed govern the activities of NSX. NSX stated register its common stock under the to agree to cooperate with the that these rules and governance Securities Act or the Act, and, unless Commission and NSX in respect of the documents reflect, among other things, waived in writing by the Holdings Commission’s oversight responsibilities NSX’s status as a wholly-owned Board, no transfer would be honored by regarding NSX and the self-regulatory subsidiary of Holdings, its management 58 Holdings that would cause Holdings to function and responsibilities of NSX. by the NSX Board and its designated have to do so or to become subject to the In addition, the Holdings By-Laws officers, and its self-regulatory reporting requirements of the Act.54 provide that Holdings, its officers, responsibilities pursuant to NSX’s directors, employees, and agents, by registration under Section 6 of the Act. (v) Self-Regulatory Function and virtue of their acceptance of such NSX’s proposed governance documents Oversight positions, are deemed to irrevocably are designed to be consistent with its The Holdings By-Laws contain submit to the jurisdiction of the U.S. current governance structure, with various provisions designed to protect federal courts, the Commission and certain changes based upon its proposed the independence of the self-regulatory NSX, for the purpose of any suit, action, new corporate form. function of NSX. For example, under or proceeding pursuant to the U.S. the Holdings By-Laws, for as long as federal securities laws, and the rules (ii) Board of Directors Holdings controls NSX, the Holdings and regulations promulgated After the demutualization, the NSX Board and the directors, officers, and thereunder, arising out of, or relating to, Board would initially consist of 13 employees of Holdings must give due the activities of NSX.59 directors. The NSX Board would be regard to the preservation of the Finally, the Holdings Certificate of initially comprised of the CEO of NSX, independence of the self-regulatory Incorporation and the Holdings By-Laws function of NSX and to its obligations to provide that, as long as Holdings 60 See proposed Holdings Certificate of investors and the general public, and are controls NSX, before any change to the Incorporation, Article Twelfth, and proposed prohibited from taking actions that Holdings By-Laws, Article VIII. These provisions Holdings Certificate of Incorporation or additionally state, respectively, that (i) any change would interfere with the effectuation of the Holdings By-Laws, respectively, will to the proposed Holdings Certificate of decisions by the Board of Directors of be effective, such change must be Incorporation must also be first approved by the NSX (‘‘NSX Board’’) relating to NSX’s submitted to the NSX Board, and if the Holdings Board and (ii) any change to the proposed regulatory functions, including Holdings By-Laws may be made by either the NSX Board determines that the change stockholders of Holdings or the Holdings Board. In disciplinary matters, or which would must be filed with or filed with and addition, under Article Fourth, paragraph (e) of the interfere with NSX’s ability to carry out approved by the Commission before it proposed Holdings Certificate of Incorporation, its responsibilities under the Act.55 may be effective, the change will not be holders of preferred stock (voting separately as The Holdings By-Laws also contain a effective until it is filed with, or filed single class) must approve any change to the specific requirement that all books and Holdings Certificate of Incorporation that would change the terms of that preferred stock. No records of NSX, and the information 56 See proposed Holdings By-Laws, Section 3.2. preferred stock is currently issued and outstanding. contained therein, that reflect 57 See proposed Holdings By-Laws, Section 3.3. 61 See proposed NSX Certificate of Incorporation, confidential information pertaining to This provision also requires Holdings to maintain Article Fourth. the self-regulatory function of NSX, its books and records in the United States. 62 15 U.S.C. 78f. which come into the possession of 58 See proposed Holdings By-Laws, Section 3.4. 63 In addition, NSX stated that it would continue Holdings, must be retained in See Amendment No. 1, supra note 3. to adhere to the undertakings in the Order (see 59 See proposed Holdings By-Laws, Section 3.5. supra note 10) including, without limitation, the confidence by Holdings and its Board, Pursuant to the Holdings By-Laws, Holdings would structure provisions of a Regulatory Oversight officers, employees, and agents, and be required to take reasonable steps necessary to Committee, the separation of the regulatory must not be used for any non-regulatory cause its officers, directors, and employees, prior to functions from the commercial interests of the accepting a position as an officer, director, or Exchange, and the retention of third parties to employee, as applicable, of Holdings, to consent in review the Exchange’s regulatory functions. 52 See proposed Holdings By-Laws, Section 9.6. writing to the applicability to them of the 64 Due to differences in terminology between 53 See proposed Holdings By-Laws, Section 9.5(a). provisions described in this and the preceding two Ohio and Delaware law, the Exchange’s Articles of 54 See proposed Holdings By-Laws, Section 9.5(c). paragraphs with respect to their activities related to Incorporation are proposed to be renamed its 55 See proposed Holdings By-Laws, Section 3.1. NSX; see Amendment No. 1, supra note 3. ‘‘Certificate of Incorporation.’’

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3 ETP Holder Directors,65 7 the CEO and the CBOE Directors would In most cases, vacancies on the NSX Independent Directors,66 and 2 directors be divided into three classes, consisting Board would be filled by the remaining who are executive officers of CBOE, its as nearly as possible of equal numbers directors of NSX. If the vacancy has members,67 or executive officers of of directors.71 After completion of an resulted from a director being removed CBOE member organizations.68 initial phase-in schedule, these directors for cause by the stockholders of NSX, Currently, the Exchange’s Board of would serve for staggered three-year however, that vacancy may be filled by Directors consists of the CEO of NSX, 3 terms, with the term of one class the stockholder of NSX (i.e., Holdings) proprietary members or executive expiring each year. The CEO’s at the same meeting at which the officers of proprietary members, 7 appointment as a director would director was removed. Any director independent directors, and 2 executive coincide with his or her term as CEO of appointed to fill a vacancy would serve officers of CBOE, CBOE members, or NSX.72 The CBOE Directors would each until the expiration of the term of office executive officers of CBOE member serve a one year term.73 of the replaced director or until the end organizations. Under the proposed NSX By-Laws, of the term for a newly-created Under the proposed rule change, the the NSX Board is subject to change directorship.78 NSX Board may by resolution increase upon certain events in accordance with its size to up to 20 directors. Directors the TORA between CBOE and NSX.74 (iii) Nomination and Election of added to the NSX Board to fill these Under the TORA, CBOE was provided Directors new director positions will be (i) with 4 put rights to transfer its equity After the formation of the initial NSX Independent Directors, to the extent interests in NSX to NSX and NSX was Board, the NSX Governance and necessary for the NSX Board to include provided with 4 call rights on those Nominating Committee would nominate at least 50% Independent Directors; (ii) equity interests. According to NSX, as of directors for each director position ETP Holder Directors, to the extent March 10, 2006, the first of these put (other than CBOE director positions) necessary for the NSX Board to include rights was exercised by CBOE, standing for election at the annual at least 20% ETP Holder Directors; and decreasing the number of director meeting of stockholders that year. (iii) persons who do not qualify as positions of NSX filled by a Candidates for CBOE Directors would be Independent Directors (‘‘At-Large representative of CBOE from 3 to 2 and nominated by the Board of Directors of Directors’’), for the remainder of the increasing the number of positions filled CBOE at its annual meeting or within 20 positions added to the NSX Board that by independent directors from 6 to 7. days of NSX’s annual stockholders’ are not filled with Independent Under the proposed NSX By-Laws: meeting. Because ETPs are not equity Directors or ETP Holder Directors • On the second closing of a put or interests in NSX, ETP Holders are not pursuant to clauses (i) and (ii) above. At call under the TORA, the number of entitled to directly elect members of the all times, the NSX Board must include positions on the NSX Board filled by NSX Board. Rather, Holdings, as the the CEO of NSX, at least 50% representatives of CBOE will be reduced sole stockholder of NSX, would have Independent Directors and 3 ETP from 2 to 1. The vacant director position the sole right and the obligation to vote Holder Directors (or such greater must be filled by an At-Large Director, for the directors of the NSX Board.79 number of ETP Holder Directors as is unless an Independent Director is Specifically, the ETP Holder Director necessary to comprise at least 20% of needed to maintain at least 50% Nominating Committee of NSX (which the NSX Board).69 Independent Directors on the NSX would be composed solely of ETP No two or more directors under the Board.75 Holder Directors and/or ETP Holder proposed NSX By-Laws may be • On the earlier of the date CBOE representatives) would consult with the partners, officers, or directors of the owns less than 5% of the outstanding NSX Governance and Nominating same person or be affiliated with the capital stock of Holdings or the third Committee, the Chairman, and the CEO same person, unless such affiliation is anniversary of the fourth closing of a of NSX and solicit comments from ETP with a national securities exchange or put or call under the TORA, CBOE’s Holders for the purpose of approving Holdings.70 Directors of NSX other than appointed positions on the NSX board and submitting names of ETP Holder will decrease to zero. The vacant Director candidates.80 These initial 65 An ETP Holder Director is defined under the director position must be filled with an candidates for nomination would be proposed NSX By-Laws as a director who is an ETP At-Large Director, unless an announced to ETP Holders, who would Holder or a director, officer, managing member or Independent Director is needed to partner of an entity that is an ETP Holder. See then have the opportunity to identify proposed NSX By-Laws, Section 1.1(E)(2). maintain at least 50% Independent additional candidates for nomination to 66 An Independent Director is defined under the Directors on the NSX Board.76 ETP Holder Director positions by proposed NSX By-Laws as a member of the NSX The NSX Board would elect its submitting a petition signed by at least Board that the NSX Board has determined to have Chairman from among the directors of no material relationship with NSX or any affiliate ten percent of the ETP Holders. An ETP of NSX, or any ETP Holder or any affiliate of any the NSX Board. The Chairman of the Holder may endorse as many candidates such ETP Holder, other than as a member of the NSX Board may also serve as the CEO as there are ETP Holder Director NSX Board. See proposed NSX By-Laws, Section and President of NSX, but may hold no positions to be filled. If no petitions are 1.1(I)(1). This definition is consistent with the other offices in NSX. Unless the definition of Independent Director in the current submitted within the time frame By-Laws of NSX. NSX states that at least one Chairman also serves as the CEO of prescribed by the NSX By-Laws, the Independent Director will be representative of NSX, the NSX Board must elect the initial candidates approved and investors; see Amendment No. 1, supra note 3. Chairman from among the Independent submitted by the ETP Holder Director 67 A CBOE member is defined under the proposed Directors of the NSX Board.77 NSX By-Laws as an individual CBOE member or a Nominating Committee would be CBOE member organization that is a regular 71 member or special member of CBOE (as such terms See proposed NSX By-Laws, Section 3.4. 78 See proposed NSX By-Laws, Section 3.7(a). 72 are described in the Constitution of the CBOE), as See proposed NSX By-Laws, Section 3.4(a). 79 Under Section 10.5(a) of the proposed By-Laws 73 such CBOE members may exist from time to time. See proposed NSX By-Laws, Section 3.4(d). of Holdings, the power to vote the stock of NSX See proposed NSX By-Laws, Section 1.1(C)(2). 74 See generally proposed NSX By-Laws, Section held by Holdings would be with the CEO of 68 See proposed NSX By-Laws, Section 3.2(a). 3.3. Holdings, unless the Holdings Board instructs 69 See proposed NSX By-Laws, Section 3.2(b); see 75 See proposed NSX By-Laws, Section 3.3(a). otherwise or unless the Holdings Board or the CEO Amendment No. 1, supra note 3. 76 See proposed NSX By-Laws, Section 3.3(b). of Holdings confers such power on another person. 70 See proposed NSX By-Laws, Section 3.2(c). 77 See proposed NSX By-Laws, Section 3.6. 80 See proposed NSX By-Laws, Section 3.5.

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nominated. If one or more valid NSX Board on regulatory matters.88 The regulatory function of NSX.96 For petitions are submitted, the ETP Holders Regulatory Oversight Committee’s example, the proposed NSX By-Laws would vote on the entire group of duties and responsibilities are outlined require the NSX Board to consider potential candidates, and the in its charter.89 applicable requirements under Section individuals receiving the largest number (v) Management 6(b) of the Act in connection with the of votes would be the ETP Holder management of the Exchange.97 In 81 The officers of NSX would be a CEO, Director nominees. addition, meetings of the NSX Board a President, a Chief Regulatory Officer, and of the committees of NSX that (iv) Committees a Secretary, and a Treasurer, and such pertain to the self-regulatory function of The NSX Board would have the other officers as the NSX Board may NSX must be closed to persons who are following committees: (1) A Business determine.90 Any two or more offices not members of the NSX Board or NSX Conduct Committee; (2) a Securities may be held by the same person, except officers, staff, counsel, or other advisors Committee; (3) an Appeals Committee; that the Chief Regulatory Officer and the (4) a Governance and Nominating Secretary may not be the CEO or the whose participation is necessary or Committee; (5) an ETP Holder Director President.91 The Chairman of the NSX appropriate to the self-regulatory Nominating Committee; (6) a Regulatory Board, subject to approval of the NSX function of NSX, or representatives of 98 Oversight Committee; (7) a Board, may designate one or more the Commission. Compensation Committee; (8) an officers or other employees of NSX to Further, the NSX books and records Executive Committee; and (9) an Audit serve as an Arbitration Director, who reflecting confidential information Committee.82 The NSX Board may would perform or delegate all relating to the self-regulatory function of establish other committees from time to ministerial duties in connection with NSX must be kept confidential, must matters submitted for arbitration time. Each committee would have the not be used for non-regulatory purposes, pursuant to the rules of NSX.92 authority and responsibilities prescribed and must not be made available to any for it in the NSX By-Laws, the rules of (vi) Self-Regulatory Function and person other than those directors, 83 the Exchange, or by the NSX Board. Oversight officers, and agents of NSX to the extent The Chairman of the NSX Board Following the demutualization, NSX necessary or appropriate to properly would appoint, and may remove, the would continue to be registered as a discharge NSX’s self-regulatory members of the committees, subject to national securities exchange under responsibilities, and the books and the approval of the NSX Board.84 Each Section 6 of the Act and thus would records of NSX must be maintained in committee must have at least 3 continue to be an SRO.93 As an SRO, the U.S.99 The proposed NSX By-Laws members.85 The Executive Committee NSX would be obligated to carry out its also provide that any revenues received would have the powers that the NSX statutory responsibilities, including Board delegates to it, except the power by NSX from fees derived from its enforcing compliance by ETP Holders to change the membership of, or fill regulatory function or regulatory with the provisions of the Federal vacancies in, the Executive penalties must be applied to fund the securities laws and the applicable rules Committee.86 The ETP Holder Director legal and regulatory operations of NSX of NSX. Further, it would retain the Nominating Committee would have the or to pay restitution and disgorgement responsibility to administer and enforce power to approve and submit names of of funds intended for NSX customers, the rules that govern NSX and the candidates for election to the position of and may not be used to pay activities of its ETP Holders. In ETP Holder Director in accordance with dividends.100 addition, it would continue to be the NSX By-Laws.87 The Regulatory required to file with the Commission, Oversight Committee would oversee all 96 See proposed NSX By-Laws, Article X. pursuant to Section 19(b) of the Act 94 of the regulatory functions and 97 See proposed NSX By-Laws, Section 10.1. and Rule 19b–4 thereunder,95 any responsibilities of NSX and advise the Section 6(b) of the Act requires, among other things, changes to its rules and governing that the Exchange’s rules be designed to protect documents. The structural protections investors and the public interest. It also requires 81 Under Section 3.5(e) of the proposed NSX By- adopted by NSX pursuant to the Order that the Exchange be so organized that it has the Laws, each ETP Holder, regardless of its affiliation capacity to carry out the purposes of the Act and with other ETP Holders, will have one vote with help to ensure that NSX’s regulatory to enforce compliance by its members with the Act, respect to each ETP Holder Director position to be functions are independent from the the rules and regulations promulgated thereunder, filled, but may not cast such votes cumulatively. commercial interests of NSX and its and the rules of the Exchange. The CBOE directors are elected by the Board of 98 Directors of CBOE at its January meeting or as soon members would remain in effect See proposed NSX By-Laws, Section 10.2. In thereafter as possible. The current By-Laws of NSX following demutualization. addition, members of the Holdings Board who are also contain a procedure for proprietary member Like the proposed Holdings By-Laws, also not members of the NSX Board and any director nominations, whereby one proprietary the proposed NSX By-Laws contain officers, staff, counsel, or advisors of Holdings who do not hold similar positions with respect to NSX member director candidate is nominated by the specific provisions relating to the self- Nominating Committee and additional proprietary would not be allowed to participate in any meeting member director candidates may be nominated by of the NSX Board (or any committee of NSX) that a petition signed by ten percent or more of the 88 See proposed NSX By-Laws, Section 5.6. pertains to the self-regulatory function of NSX. proprietary members. At an annual election during 89 NSX stated that the Regulatory Oversight These requirements and the requirements relating the annual meeting of members, the proprietary Committee’s charter following demutualization to the confidentiality of records are not, however, members vote for the proprietary member directors would be the same as the charter previously filed designed to prevent the Exchange from sharing with among the nominated candidates. with the Commission, and is consistent with the Holdings the type of information about the 82 See proposed NSX By-Laws, Section 5.1. terms of the Order. See Securities Exchange Act Exchange’s business that would ordinarily be 83 See proposed NSX By-Laws, Sections 5.1 and Release No. 34–52573 (October 7, 2005), 70 FR shared with a parent corporation, including 5.3. 60113 (October 14, 2005) (File No. SR-NSX–2005– information relating to the Exchange’s compliance 84 Under Section 5.2 of the proposed NSX By- 07). strategies of the Exchange’s ETP Holders. with applicable laws, reports from the Commission Laws, the terms of committee members are subject 90 See proposed NSX By-Laws, Section 6.1. or others evaluating the Exchange’s self-regulatory to the appointment and removal process of the 91 See proposed NSX By-Laws, Section 6.1. programs, and information about the trading Chairman and NSX Board. 92 See proposed NSX By-Laws, Section 6.6. activities and business strategies of the Exchange’s 85 See proposed NSX By-Laws, Section 5.2. 93 See 15 U.S.C. 78c(a)(26). ETP Holders. 86 See proposed NSX By-Laws, Section 5.5. 94 15 U.S.C. 78s(b). 99 See proposed NSX By-Laws, Sections 10.3. 87 See proposed NSX By-Laws, Section 5.7. 95 17 CFR 240.19b–4. 100 See proposed NSX By-Laws, Section 10.4.

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(vii) Restrictions on Ownership and employees and agents, and organizations,’’ and similar terms in the Transfer advancement of expenses related to current Rules of the Exchange would be 107 Although there are no percentage- defending certain actions; stock replaced with references to ‘‘ETP 108 based restrictions on the ownership of certificate procedures; stockholder Holders’’ and similar terms in the NSX NSX, the proposed NSX Certificate of ownership, including provisions Rules. Incorporation confirms that Holdings relating to the timing and conduct of Each ETP would constitute a will own all of the voting stock of NSX meetings, record dates, quorum revocable license allowing the holder of at all times.101 requirements, proxies, and other the permit access to the Exchange’s matters; 109 and other general trading facilities in the same manner as (viii) Changes to Certificate of provisions.110 previously authorized for NSX’s Incorporation and By-Laws qualified trading members.111 The (2) National Market System Plans Under the proposed NSX Certificate demutualization and the of Incorporation, any change to that NSX currently is a participant in implementation of the use of ETPs document must first be approved by the various National Market System would not change current NSX member NSX Board and, if required to be (‘‘NMS’’) plans, including, but not access to the Exchange or their ability to approved or filed with the Commission limited to, the Consolidated Tape execute transactions. Persons holding before it may become effective, cannot Association Plan, the Consolidated ETPs of NSX would be ‘‘members’’ of take effect until the procedures of the Quotation System Plan, the Intermarket the Exchange for purposes of the Act Commission necessary to make it Trading System Plan, the Intermarket and, as noted above, would be effective have been satisfied.102 Surveillance Group, and the Reporting characterized as ETP Holders subject to Similarly, under the proposed NSX Plan for Nasdaq-Listed Securities NSX’s regulatory jurisdiction.112 ETP By-Laws, any change to that document Traded on Exchanges on an Unlisted Holders would not have any ownership that is required to be approved by or Trading Privileges Basis (‘‘Nasdaq interest in NSX or in Holdings by virtue filed with the Commission before it may UTP’’) Plan. These plans are joint of their ETPs. become effective cannot take effect until industry plans entered into by SROs for Provisions of the current By-Laws of the procedures of the Commission the purpose of addressing last sale NSX relating to members would be necessary to make it effective have been reporting, quotation reporting, and moved to a single chapter in the NSX satisfied.103 Changes to the NSX By- intermarket equities trading. Following Rules regarding ETP Holders, with Laws as proposed may be made by the completion of the demutualization, certain changes based upon the fact that either the stockholders of NSX or the NSX, in its continuing role as the SRO, ETP Holders would be subject to NSX Board, except that certain would continue to serve as the voting different application processes and provisions relating to the NSX Board, member of these NMS plans, and a would not have to purchase and own a and to the voting of NSX stockholders representative of NSX would continue certificate of proprietary may not be changed without the to serve as the Exchange’s representative membership.113 Following the approval of the stockholder of NSX.104 with respect to dealing with these plans. demutualization, the Exchange would (c) Other Provisions in the Certificates of (3) Equity Trading Permits; require persons seeking ETPs to Incorporation and By-Laws Administrative Changes complete appropriate application materials and registration forms, satisfy The proposed Holdings By-Laws, The proposed rule change includes regulatory requirements, and pay Holdings Certificate of Incorporation, proposed changes to the Rules of the processing charges and application fees NSX Certificate of Incorporation, and Exchange that are necessary to as designated by the Exchange. Unlike NSX By-Laws contain other customary implement the proposed ETP structure. NSX’s current membership application provisions of for-profit corporations, Following NSX’s demutualization, process, ETP Holders would not be such as provisions relating to corporate persons and firms who have been required to be approved by NSX’s 105 offices and corporate purposes; qualified for membership pursuant to Membership Committee, ETP Holders director meetings, voting, removal, the Exchange’s current Rules and By- would be subject to the financial compensation and limitation of Laws and, as a result, have access to the responsibility requirements of Rule 106 liability; indemnification of, and Exchange’s trading facilities would 15c3–1 under the Act (but would not be insurance for, directors, officers, receive ETPs entitling them to maintain subject to a separate net capital their trading access to NSX and would requirement), and ETP applicants would 101 See proposed NSX Certificate of Incorporation, be referred to as ETP Holders. Article Fourth. not need to purchase shares of either References to ‘‘members,’’ ‘‘member 114 102 See proposed NSX Certificate of Incorporation, NSX or Holdings. Article Eleventh. Once issued, an ETP would be 103 See proposed NSX Certificate of Incorporation, 107 See proposed NSX By-Laws, Article VII, and effective until voluntarily terminated by Article Seventh. proposed Holdings By-Laws, Article VII. In the ETP Holder or until revoked by NSX 104 See proposed NSX Certificate of Incorporation, addition, under these provisions, neither Article Seventh and proposed NSX By-Laws, corporation is liable for any loss or damage 111 Section 8.1. In addition, Sections 3.1(b) and 8.2 of sustained by a current or former member of NSX See proposed NSX Rules, Chapter II, Rules 2.1 the proposed NSX By-Laws permit the NSX Board or ETP Holder relating to such person’s use of the and 2.2, and proposed NSX Rules, Chapter I, Rule to amend, repeal, and adopt new Rules of the facilities of the Exchange or its subsidiaries. 1.5 (definition of ‘‘ETP’’). Exchange. 108 See proposed NSX By-Laws, Article IX, and 112 See proposed NSX Rules, Chapter I, Rule 1.5 105 See proposed NSX Certificate of Incorporation, proposed Holdings By-Laws, Article IX. (definition of ‘‘ETP Holder’’). Articles Second and Third, and proposed NSX By- 109 See proposed NSX Certificate of Incorporation, 113 Currently, applicants for membership are Laws, Article II; see proposed Holdings Certificate Article Ninth, and proposed NSX By-Laws, Article required to purchase and own a certificate of of Incorporation, Articles Second and Third, and IV; See proposed Holdings Certificate of proprietary membership in order to become a proposed Holdings By-Laws, Article I. Incorporation, Article Tenth, and proposed member of NSX. See Article II, Section 5.2 of the 106 See proposed NSX Certificate of Incorporation, Holdings By-Laws, Article IV. current By-Laws of NSX. In connection with the Articles Fifth and Eighth, and proposed NSX By- 110 See, for example, proposed NSX Certificate of demutualization, all outstanding certificates of Laws, Article III and Section 7.1; see proposed Incorporation, Article Tenth, and proposed NSX proprietary membership would be cancelled and no Holdings Certificate of Incorporation, Articles Sixth By-Laws, Article XI; See, e.g., proposed Holdings other certificates of proprietary membership would and Ninth, and proposed Holdings By-Laws, Article Certificate of Incorporation, Article Eleventh, and be issued by NSX following the demutualization. II and Section 7.1. proposed Holdings By-Laws, Article X. 114 See proposed NSX Rules, Chapter II.

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for, among other things, noncompliance and at the same time operating as a for- directors and administration of its with the NSX Rules.115 NSX would have profit entity. The CII believes that this affairs, and provide that one or more the ability to revoke an ETP for the same conflict of interest is ‘‘untenable’’ and directors shall be representative of reasons that it is currently entitled to has created problems in the past and issuers and investors and not be revoke a membership.116 An ETP could will continue to create problems in the associated with a member of the not be sold, leased, or otherwise future.121 To address this conflict, the exchange, broker, or dealer. Further, the transferred.117 There would be nominal CII recommends that: (1) Regulatory Commission finds that the proposed processing charges and application fees operations of NSX should be made rule change, as amended, is consistent relating to the issuance of ETPs. In independent of the Exchange and with Section 6(b)(5) of the Act,127 in addition, ETP Holders would be subject adequately funded; and (2) listing that it is designed, among other things, to such fees as are designated by NSX standard requirements should be made to prevent fraudulent and manipulative or set forth in the NSX Rules.118 a regulatory responsibility rather than acts and practices, to promote just and Certain other provisions of the current the responsibility of the Exchange.122 equitable principles of trade, to remove By-Laws of NSX respecting listing NSX responded to the CII comment impediments to and perfect the 123 standards and other matters not relating letter on June 5, 2006. The Exchange mechanism of a free and open market to the Exchange’s corporate governance asserted that the two concerns raised by and a national market system, and, in would be moved to the NSX Rules. The CII have already been addressed by the general, to protect investors and the provisions contained in Article IV of the Exchange prior to the filing of this public interest. current By-Laws of NSX (relating to proposed rule change. The NSX noted Securities Listed on the Exchange) that it created a Regulatory Oversight A. Holdings as Sole Shareholder would be moved to a new Chapter XV Committee (‘‘ROC’’) that is charged with of the NSX Rules. In addition, current overseeing all regulatory functions and Following completion of the Rules 13.6 and 13.7 (relating to Listing responsibilities, including demutualization, Holdings would be the Standards) would be moved to this new recommending an adequate operating sole shareholder of NSX. Section 19(b) 128 Chapter XV of the NSX Rules.119 budget for the Exchange’s regulatory of the Act and Rule 19b–4 Finally, new NSX Rule 2.10 would functions. The Exchange also created thereunder 129 require an SRO to file prohibit, without prior Commission the position of Chief Regulatory Officer proposed rule changes with the approval, either (i) NSX or any NSX who reports directly to the ROC and not Commission. Although Holdings is not affiliate from directly or indirectly the Chief Executive Officer. This an SRO, certain provisions of its acquiring or maintaining an ownership structure separates the regulatory Certificate of Incorporation and By-Laws interest in an ETP Holder, or (ii) an ETP operations from the Exchange. NSX may be rules of an exchange 130 if they Holder being or becoming an affiliate of stated that this structure assured that are the stated policies, practices, or NSX or any affiliate of NSX. Under listing standard requirements are a interpretations, as defined in Rule 19b– proposed Rule 2.10, the term ‘‘affiliate’’ regulatory rather than an Exchange 4 of the Act, of NSX. Any proposed rule has the meaning specified in Rule 12b– responsibility as they are the function of or any proposed change in, addition to, 2 of the Act. Proposed Rule 2.10 would the Regulatory Services Division. or deletion from, the rules of an not prohibit any ETP Holder or its IV. Discussion exchange must be filed with the affiliate from acquiring or holding an Commission pursuant to Section 19(b) equity interest in Holdings that is After careful review, the Commission of the Act and Rule 19b–4 thereunder. permitted by the ownership and voting finds that the proposed rule change, as Accordingly, NSX has filed the limitations in the Holdings Certificate of amended, is consistent with the Holdings Certificate of Incorporation Incorporation, and would not prohibit requirements of the Act and the rules Holdings By-Laws with the and regulations thereunder applicable to Commission. If Holdings decides to an ETP Holder or an officer, director, 124 manager, managing member, partner, or a national securities exchange. In change its Certificate of Incorporation or affiliate of an ETP Holder being or particular, the Commission finds that By-Laws, it must submit such changes becoming an ETP Holder Director or an the proposed rule change, as amended, to the NSX Board so that it can is consistent with Section 6(b)(1) of the determine if the changes must be filed At-Large Director on the NSX Board, or 125 a member of the Holdings Board.120 Act, which requires a national with, and approved by, the securities exchange to be so organized Commission.131 The Commission III. Summary of Comments and have the capacity to carry out the believes that these provisions would The Council of Institutional Investors purposes of the Act and to enforce assist NSX in fulfilling its self- (‘‘CII’’) wrote to express its concern over compliance by its members and persons regulatory obligations and in the potential conflict of interest that associated with its members with the administrating and complying with the could arise when an exchange is provisions of the Act. The Commission requirements under the Act. responsible for regulating its members also finds that the proposed rule change, as amended, is consistent with Section 127 15 U.S.C. 78f(b)(5). 126 115 See proposed NSX Rules, Chapter II, Rules 2.6 6(b)(3) of the Act, which requires that 128 15 U.S.C. 78s(b). and 2.7. the rules of a national securities 129 17 CFR 240.19b–4. 116 See proposed NSX Rules, Chapter II, Rule 2.6. exchange assure the fair representation 130 Section 3(a)(27) of the Act defines the rules of 117 See proposed NSX Rules, Chapter II, Rule 2.8. of its members in the selection of its an exchange to be the constitution, articles of 118 See, generally proposed NSX Rules, Chapter incorporation, By-Laws, and rules, or instruments XI, Rule 11.10(B). corresponding to the foregoing, of an exchange, and 121 See CII Letter, supra note 6. 119 In addition, NSX also proposes to move to the such stated policies, practices, or interpretations of 122 NSX Rules, and make technical changes to, certain CII Letter at 1. such exchange as the Commission, by rule, may provisions under the current By-Laws of NSX 123 See NSX Response, supra note 7. determine to be necessary or appropriate in the relating to Exchange Membership (Article II), Dues, 124 In approving this proposed rule change, the public interest or for the protection of investors to Assessments and Other Charges (Article III), Commission has considered the proposed rule’s be deemed to be rules of such exchange. 15 U.S.C. Securities Listed on the Exchange (Article IV), impact on efficiency, competition, and capital 78c(a)(27). Commissions (Article XI) and Off-Exchange formation. 15 U.S.C. 78c(f). 131 See proposed Holdings Certificate of Transactions (Article XII). 125 15 U.S.C. 78f(b)(1). Incorporation, Article Twelfth and Holdings By- 120 See Amendment No. 1, supra note 3. 126 15 U.S.C. 78f(b)(3). Laws Article VIII.

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B. Changes in Control of NSX apply to the Class B or Class C common distributions.143 In addition, if any The Commission believes that the stock and, as to the Class A common shareholder votes, sells, transfers, restrictions in the Holdings Certificate stock owned by Persons other than ETP assigns, or pledges any shares in of Incorporation on direct and indirect Holders and their Related Persons, may violation of the voting and ownership changes in control of Holdings are be waived by Holdings Board pursuant limitations, Holdings has the right to sufficient to enable NSX to carry out its to a resolution adopted by the Holdings redeem those shares at a price equal to self-regulatory responsibilities and to Board.137 Before adopting such the par value thereof, upon the approval 144 enable the Commission to fulfill its resolution, however, the Holdings Board of the Holdings Board. responsibilities under the Act.132 must determine that, among other NSX has also proposed to require Specifically, as proposed, NSX would things, the waiver of the voting Holdings shareholders that own, of be wholly-owned subsidiary of limitation would not impair the ability record or beneficially, five percent or Holdings, i.e., Holdings would own all of NSX to carry out its functions and more of the then outstanding shares to of the shares of NSX. The NSX responsibilities under the Act and the give the Holdings Board written notice Certificate of Incorporation identifies rules and regulations promulgated of such ownership. This notice should this ownership structure.133 Any thereunder, and would not impair the enable Holdings to monitor the changes to the NSX Certificate of Commission’s ability to enforce the Act ownership of its stock to ensure that no 145 Incorporation, including any change to and the rules and regulations limitation is reached. the provision that identifies NSX promulgated thereunder.138 In addition, The Holdings Certificate of shareholders, must be filed with, and the Holdings Board also must determine Incorporation also provides that no approved by, the Commission pursuant that a Person and its Related Persons Person, either alone or together with its to Section 19(b) of the Act.134 that would vote more than 20% of the Related Persons, who is a ETP Holder In addition, the Holdings Certificate outstanding stock of Holdings are not may own, directly or indirectly, shares of Incorporation imposes limitations on subject to an applicable ‘‘statutory constituting more than 20% of any class 146 direct and indirect changes in control of disqualification’’ (within the meaning of of capital stock of Holdings. Holdings through voting and ownership Section 3(a)(39) of the Act).139 Finally, However, this ownership restriction limitations placed on the capital stock any resolution of the Holdings Board would not apply to any ETP Holder of Holdings and allows Holdings to that would permit a Person to vote more with respect to shares of Class C monitor potential changes in control than 20% of the outstanding stock of common stock of Holdings (which is not through a notification requirement once Holdings must be filed with and entitled to the right to vote) issued to a threshold percentage of ownership of approved by the Commission before it the ETP Holder in connection with, and capital stock is reached.135 Specifically, becomes effective.140 from the date of, the demutualization of the Holdings Certificate of Incorporation NSX so long as the ETP Holder becomes Furthermore, the Holdings Certificate compliant with the ownership prohibits any Person, either alone or of Incorporation limits the right of any together with its Related Persons, from limitation promptly after such Person, either alone or together with its 147 voting or giving a proxy or consent with issuance. Related Persons, to enter into any The Commission finds that the respect to shares representing more than agreement with respect to the 20% of the voting power of the issued limitation on ownership of shares of withholding of any vote or proxy where Holdings by NSX ETP Holders is and outstanding capital stock of the effect of the agreement would be to Holdings.136 This restriction would not consistent with the Act. Under the enable any person or group to obtain member-owned exchange model, a more than 20% of the outstanding member who trades securities through 132 The Commission notes that it is in the process voting power.141 The Holdings of reviewing issues related to new ownership the facilities of an exchange can have an structures of SROs and has proposed rules relating Certificate of Incorporation also restricts ownership interest in the exchange. A to the ownership of SROs, including limiting the the ability of any Person, either alone or regulatory concern can arise if a restrictions on ownership and voting to members of together with its Related Persons, from an SRO or a facility of an SRO. See Securities member’s interest becomes so large as to Exchange Act Release No. 50699 (November 18, owning, directly or indirectly, shares cast doubt on whether the exchange can 2004), 69 FR 71126 (December 8, 2004) (‘‘Proposed constituting more than 40% of any class fairly and objectively exercise its self- Rulemaking’’). See also Securities Exchange Act of the outstanding shares of capital regulatory responsibilities with respect Release No. 51019 (January 11, 2005), 70 FR 2829 stock of Holdings.142 (January 18, 2005) (extending the comment period for the Proposed Rulemaking until March 8, 2005). If any shareholder votes, sells, 143 See proposed Holdings Certificate of 133 See proposed NSX Certificate of Incorporation, transfers, assigns, or pledges any shares Incorporation, Article Fifth, paragraph (d). Article Fourth. in violation of the voting and ownership 144 See proposed Holdings Certificate of 134 15 U.S.C. 78s(b); see proposed NSX Certificate limitations, Holdings would treat those Incorporation, Article Fifth, paragraph (e). 145 of Incorporation, Article Eleventh. shares as owned by the transferor for all The Commission believes that NSX Holdings 135 The proposed Holdings Certificate of should disclose periodically, or otherwise make Incorporation requires that any person, either alone purposes, including, without limitation, available upon request, information regarding the or together with its affiliates or associates or any voting, payment of dividends, and number of outstanding shares of its capital stock, other person, who at any time owns five percent or so that persons that own stock of Holdings can more of then outstanding shares of capital stock and determine whether they are reaching or have 137 See proposed Holdings Certificate of who has the right to vote in the election of the NSX reached any of the thresholds that restrict that Incorporation, Article Fifth, paragraphs (b)(iii)(A) Holdings Board, shall, immediately upon so owning person’s ability to vote or own the shares or require and (B). See Amendment No. 1, supra note 3. five percent or more of the then outstanding shares that person to provide written notice under the 138 of such stock, give the NSX Holdings Board a See proposed Holdings Certificate of Article Fifth, paragraph (c) of the Holdings written notice of such ownership and update that Incorporation, Article Fifth, paragraph (b)(iii)(B). Certificate of Incorporation. notice promptly after an ownership change of a 139 15 U.S.C. 78c(a)(39); see proposed Holdings 146 See proposed Holdings Certificate of specified percentage. See proposed Holdings Certificate of Incorporation, Article Fifth, paragraph Incorporation, Article Fifth, paragraph (b)(ii)(B). Certificate of Incorporation, Article Fifth, paragraph (b)(iv). Unlike the 40% ownership and 20% voting (c). 140 See proposed Holdings Certificate of limitations discussed above, the NSX Holdings 136 See proposed Holdings Certificate of Incorporation, Article Fifth, paragraph (b)(iii)(B). Board may not waive the 20% ownership limitation Incorporation, Article Fifth, paragraph (b)(ii)(C); see 141 See proposed NSX Holdings Certificate of applicable to NSX trading permit holders. also proposed Holdings Certificate of Incorporation, Incorporation, Article Fifth, paragraph (b)(ii)(C). 147 See proposed proposed Holdings Certificate of Article Fifth, paragraph (a) for definitions of 142 See proposed Holdings Certificate of Incorporation, Article Fifth, paragraph (b)(iii)(C). ‘‘Person’’ and ‘‘Related Person.’’ Incorporation, Article Fifth, paragraph (b)(ii)(A). See Amendment No. 1, supra note 3.

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to that member. For example, a member examination authority under Section Act 157 authorizes the Commission to that directly or indirectly controls an 17(b)(1) of the Act,151 as these records enter a cease-and-desist order against exchange might be tempted to exercise would be deemed to be the records of any person who has been ‘‘a cause of’’ that controlling influence by directing NSX itself. a violation of any provision of the Act the exchange to refrain from diligently In addition, pursuant to the Holdings through an act or omission that the monitoring the member’s conduct or By-Laws, Holdings officers, directors, person knew or should have known from punishing any conduct that employees, and agents, by virtue of their would contribute to the violation. The violates the rules of the exchange or the acceptance of such position, are deemed Commission believes that, taken federal securities laws. An exchange to irrevocably submit to the jurisdiction together, these provisions grant the also might be reluctant to diligently of the U.S. Federal courts, the Commission sufficient jurisdictional monitor and conduct surveillance of Commission, and NSX for the purposes authority over the controlling persons of trading conduct and to enforce its rules of any suit, action, or proceeding NSX. Moreover, NSX is required to and the federal securities laws against a pursuant to the U.S. federal securities enforce compliance with these member that the exchange relies on for laws and the rules and regulations provisions because they are ‘‘rules of the a large source of capital. The thereunder, arising out of, or relating to, exchange’’ within the meaning of Commission believes that the proposed the activities of the Exchange.152 Section 3(a)(27) of the Act.158 A failure limitation would help mitigate the Moreover, Holdings and such officers, on the part of NSX to enforce its rules conflicts of interest that could occur if directors, employees, and agents, by could result in suspension or revocation a member were to control a significant virtue of their acceptance of any such of NSX’s registration under Section stake in the Exchange through position, are deemed to waive and agree 19(h)(1) of the Act.159 ownership in shares in the Exchange’s not to assert by way of motion as a D. Self-Regulatory Function of NSX parent company and are necessary and defense or otherwise in any such suit, appropriate to help ensure that the action, or proceeding any claims that it Following the demutualization, the Exchange can effectively carry out its or they are not personally subject to the rules and By-Laws of NSX would reflect statutory obligations under Section 6(b) jurisdiction of the U.S. Federal courts, its status as a wholly-owned subsidiary of the Act.148 the Commission, or NSX, that the suit, of Holdings, under management of the action, or proceeding is an inconvenient NSX Board and its designated officers C. Regulatory Jurisdiction Over Holdings forum, or that the venue of the suit, and with self-regulatory obligations The Commission believes that the action, or proceeding is improper, or pursuant to NSX’s registration as a terms of Holdings By-Laws provide the that the subject matter of that suit, national securities exchange under Commission with sufficient regulatory action, or proceeding may not be Section 6 of the Act.160 jurisdiction over the controlling parties enforced in or by such courts or As the sole shareholder of NSX, the of the Exchange to carry out its agency.153 Finally, the Holdings By- Commission believes that Holdings’ oversight responsibilities under the Act. Laws provide that the officers, directors, activities with respect to its ownership The Holdings By-Laws provide that, to employees, and agents of Holdings, by of NSX must be consistent with NSX’s the extent that they are related to the virtue of their acceptance of such obligations under the Act. The activities of NSX, the books, records, position, are deemed to agree to Commission recognizes that the premises, officers, directors, agents, and cooperate with the Commission and ownership structure of for-profit employees of Holdings are deemed to be NSX in respect of the Commission’s exchanges could present potential the books, records, premises, officers, oversight responsibilities regarding NSX conflicts of interest.161 However, the directors, agents, and employees of NSX and the self-regulatory functions and Commission believes that NSX has for purposes of and subject to oversight responsibilities of NSX.154 taken steps to address this conflict.162 pursuant to the Act.149 This provision The Commission also notes that, even Under the Holdings By-Laws, the would enable the Commission to in the absence of these provisions of the Holdings Board and the officers, exercise its authority under Section Holdings By-Laws, Section 20(a) of the employees, and agents of Holdings must 19(h)(4) of the Act 150 with respect to Act 155 provides that any person with a give due regard to the preservation of officers and directors of Holdings, controlling interest in NSX would be the independence of the self-regulatory because all such officers and directors, jointly and severally liable with and to function of NSX and to its obligations to to the extent that they are acting on the same extent that NSX is liable under investors and the general public and not matters related to NSX activities, would any provision of the Act, unless the take any actions that would interfere be deemed to be officers and directors controlling person acted in good faith with the effectuation of any decisions by of NSX. Furthermore, the books and and did not directly or indirectly induce the NSX Board relating to its regulatory records of Holdings, to the extent that the act or acts constituting the violation functions or the structure of the market they are related to the activities of NSX, or cause of action. In addition, Section it regulates or which would interfere are subject to the Commission’s 20(e) of the Act 156 creates aiding and with the ability of NSX to carry out its abetting liability for any person who responsibilities under the Act.163 In 148 15 U.S.C. 78f(b). knowingly provides substantial addition, all books and records of NSX 149 See proposed Holdings By-Laws, Article III, assistance to another person in violation reflecting confidential information Section 3.3. of any provision of the Act or rule pertaining to its self-regulatory function 150 15 U.S.C. 78s(h)(4). Section 19(h)(4) authorizes the Commission, by order, to remove from office or thereunder, and Section 21C of the (including but not limited to censure any officer or director of a national disciplinary matters, trading data, securities exchange if it finds, after notice and an 151 15 U.S.C. 78q(b)(1). opportunity for hearing, that such officer or 152 See proposed NSX Holdings By-Laws, Article 157 15 U.S.C. 78u–3. director: (1) has willfully violated any provision of III, Section 3.5. 158 15 U.S.C. 78c(a)(27). the Act or the rules and regulations thereunder, or 153 See proposed NSX Holdings By-Laws, Article 159 15 U.S.C. 78s(h)(1). the rules of a national securities exchange; (2) 160 willfully abused his or her authority; or (3) without III, Section 3.5. See 15 U.S.C. 78c(a)(26). 154 reasonable justification or excuse, has failed to See proposed NSX Holdings By-Laws, Article 161 See CII Letter. See also supra note 132. enforce compliance with any such provision by a III, Section 3.4. 162 See also supra, note 132. member or person associated with a member of the 155 15 U.S.C. 78t(a). 163 See proposed NSX Holdings By-Laws, Article national securities exchange. 156 15 U.S.C. 78t(e). III, Section 3.1.

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trading practices, and audit information) Independent Directors,170 and 2 per trading permit with respect to each which come into the possession of directors who are executive officers of Participant Director position to be Holdings, and the information CBOE, its members,171 or executive filled.175 contained therein, must be retained in officers of CBOE member The ETP Holder Director Nominating confidence by Holdings and its organizations.172 Under the proposed Committee, comprised entirely of ETP directors, officers, employees, and rule change, the NSX Board may by Holders Directors and/or ETP Holder agents and must not be used for any resolution increase its size to up to 20 representatives would consult with the non-regulatory purposes.164 The directors. Directors added to the NSX Governance and Nominating Commission believes that these Board to fill these new director Committee, the Chairman of the Board provisions, which are designed to positions would be (i) Independent and the Chief Executive Officer, and acknowledge the need to maintain the Directors, to the extent necessary for the solicit comments from the ETP Holders independence of the self-regulatory role NSX Board to include at least 50% and submit a list of candidates for of NSX following the demutualization Independent Directors; (ii) ETP Holder election to the position of ETP Holder and protect from improper use Directors, to the extent necessary for the Director to the Governance and information pertaining to its self- NSX Board to include at least 20% ETP Nominating Committee. ETP Holder regulatory function, are appropriate. Holder Directors; and (iii) persons who may petition in a timely manner to add Further, the Commission notes that do not qualify as Independent Directors additional nominees provided that the the NSX By-Laws expressly require that (‘‘At-Large Directors’’), for the petition is signed by 10 or more percent the NSX Board consider applicable remainder of the positions added to the of all ETP Holders. The ETP Holder requirements for registration as a NSX Board that are not filled with Director candidates receiving the most national securities exchange under Independent Directors or ETP Holder votes from ETP Holders shall be the Section 6(b) of the Act,165 including the Directors pursuant to clauses (i) and (ii) directors elected to the NSX Board as requirement that the rules of the above. At all times, the NSX Board must ETP Directors by NSX Holdings. If no Exchange be designed to protect include the CEO of NSX, at least 50% timely petitions are received, the slate of investors and the public interest and the Independent Directors and 3 ETP candidates put forth by the ETP Holder requirement that the Exchange be so Holder Directors (or such greater Director Nominating Committee shall be organized and have the capacity to carry number of ETP Holder Directors as is the ETP Directors elected to the NSX out the purposes of the Act and to necessary to comprise at least 20% of Board by NSX Holdings.176 enforce compliance by its members and the NSX Board).173 Because NSX ETP Holders would not The Commission finds that the persons associated with members with requirement that at least one-half of the the provisions of the Act, the rules and be shareholders of NSX, they would not directly elect members of the NSX directors of the NSX Board be regulations thereunder and with the Independent Directors is consistent with rules of the Exchange.166 In the Board. As the sole shareholder of NSX, Holdings would have the sole right and Sections 6(b)(1) and 6(b)(3) of the Act, Commission’s view, this provision which requires that one or more should serve to remind the NSX Board obligation to vote for the director nominees nominated by the NSX directors be representative of issuers that it must consider the interests of the and investors. The Commission also Exchange’s constituents and the Governance and Nominating Committee. The NSX By-Laws, finds that the requirement that at least requirements of the Act when taking 20% of the directors be ETP Directors action on behalf of the Exchange. however, establish a procedure that would allow ETP Holders to be involved and the manner in which such directors E. Fair Representation in the selection of candidates to fill ETP would be nominated and elected, satisfies the fair representation Section 6(b)(3) of the Act 167 requires Director positions on the NSX Board.174 requirements in Section 6(b)(3) of the that the rules of an exchange assure fair Each participant would have one vote Act. The Commission notes, however, representation of its members in the that after the demutualization trading selection of its directors and partner of an entity that is an ETP Holder. See privileges would be separated from administration of its affairs and provide proposed NSX By-Laws, Section 1.1(E)(2). 170 An Independent Director is defined under the corporate ownership of NSX and would that one or more directors be proposed NSX By-Laws as a member of the NSX be available exclusively through trading representative of issuers and investors Board that the NSX Board has determined to have permits. Therefore, the Commission and not be associated with a member of no material relationship with NSX or any affiliate expects that trading permits would not the exchange or with a broker or dealer. of NSX, or any ETP Holder or any affiliate of any such ETP Holder, other than as a member of the be issued in a manner that would In addition, Section 6(b)(1) of the Act 168 NSX Board. See proposed NSX By-Laws, Section undermine or circumvent the requires that an exchange be so 1.1(I)(1). The Commission notes that NSX has stated requirement in Section 6(b)(3) of the Act organized and have the capacity to be that at least one Independent Director will be for fair representation of members. The able to carry out the purposes of the Act. representative of investors; see Amendment No. 1, After the demutualization, the NSX supra note 3. Commission also notes that participants 171 A CBOE member is defined under the Board would initially consist of 13 would retain a voice in the proposed NSX By-Laws as an individual CBOE administration of the affairs of NSX directors. The NSX Board would be member or a CBOE member organization that is a initially comprised of the CEO of NSX, regular member or special member of CBOE (as following the demutualization, 3 ETP Holder Directors,169 7 such terms are described in the Constitution of the including rulemaking and the CBOE), as such CBOE members may exist from time disciplinary process, through to time. See proposed NSX By-Laws, Section 164 participants’ participation on the NSX See proposed NSX Holdings By-Laws, Article 1.1(C)(2). See also supra subsection II.b.(1)(b)(ii) for III, Section 3.2. a discussion of CBOE’s equity interest in the Board. 165 15 U.S.C. 78f(b). Exchange. 166 See proposed NSX By-Laws, Article X, Section 172 See proposed NSX By-Laws, Section 3.2(a). 175 Under Section 3.5(e) of the proposed NSX By- 3.1. See also supra note 20. Laws, each ETP Holder, regardless of its affiliation 167 15 U.S.C. 78f(b)(3). 173 See proposed NSX By-Laws, Section 3.2(b); with other ETP Holders, will have one vote with 168 15 U.S.C. 78f(b)(1). see Amendment No. 1, supra note 3. respect to each ETP Holder Director position to be 169 An ETP Holder Director is defined under the 174 See proposed NSX By-Laws, Section 3.5; see filled, but may not cast such votes cumulatively. proposed NSX By-Laws as a director who is an ETP discussion of nominating process in Discussion 176 See proposed NSX By-Laws, Sections 3.5 and Holder or a director, officer, managing member or section supra. 5.1.

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Finally, the Commission notes that it Exchange membership under its current and have the capacity to carry out the is in the process of reviewing a range of Rules and By-Laws as ETP Holders, purposes of the Act. governance issues relating to SROs, entitling them to maintain their trading including possible steps to strengthen access to the Exchange; corresponding V. Conclusion the framework for the governance of changes to references in the Exchange’s It is therefore ordered, pursuant to SROs and ways to improve the Rules to ‘‘members,’’ ‘‘member Section 19(b)(2) of the Act,181 that the transparency of the governance organizations,’’ and similar terms would proposed rule change (SR–NSX–2006– procedures of all SROs and has also be made. ETP Holders would have 03), as amended, is approved. proposed rules in furtherance of this revocable licenses allowing them to goal.177 Depending on the results of the access the Exchange’s trading facilities For the Commission, by the Division of proposed rules, NSX may be required to in the same manner currently Market Regulation, pursuant to delegated make further changes to strengthen its authorized for qualified trading authority.182 governance structure. The Commission members. In addition, ETP Holders J. Lynn Taylor, also believes that the NSX Board should would be ‘‘members’’ of the Exchange Assistant Secretary. continue to monitor and evaluate its for purposes of the Act and would be [FR Doc. E6–9354 Filed 6–14–06; 8:45 am] governance structure and process on an subject to NSX’s regulatory jurisdiction BILLING CODE 8010–01–P ongoing basis and propose further and oversight. However, ETP Holders changes as appropriate. would not have any ownership interest F. Dividends in the Exchange or in Holdings by virtue SECURITIES AND EXCHANGE of their ETPs. The Exchange would COMMISSION With the demutualization, the holders subject potential ETP Holders to an of capital stock of NSX, in this case application process, and ETP Holders Holdings, would have the dividend and would be subject to the financial [Release No. 34–53958; File No. SR–NYSE– other distribution rights of a shareholder responsibility requirements of Rule 2006–34] in a Delaware stock corporation. The 15c3–1 under the Act. ETPs would be Self-Regulatory Organizations; New NSX By-Laws allow the NSX Board to effective until voluntarily terminated by 178 York Stock Exchange LLC; Notice of declare dividends. However, the NSX the ETP Holder or until revoked by the Filing and Order Granting Accelerated By-Laws further provide that any Exchange. ETPs could not be sold, revenues received by NSX from leased, or otherwise transferred. Approval of Proposed Rule Change To regulatory fees or regulatory penalties As part of the demutualization, the Delete an Obsolete Provision in Its would be applied to fund the legal and Exchange would move certain non- Minor Rule Violation Plan regulatory operations, including the corporate governance-related provisions surveillance and enforcement activities, June 8, 2006. currently in the NSX By-Laws to the of NSX and would not be used to pay Pursuant to Section 19(b)(1) of the 179 NSX Rules. Finally, new NSX Rule 2.10 dividends. This limitation would Securities Exchange Act of 1934 preclude NSX from providing dividends would prohibit, without prior Commission approval, either (i) NSX or (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 derived from regulatory fees or penalties notice is hereby given that on June 2, to the sole shareholder of NSX, i.e., any NSX affiliate from directly or 2006, the New York Stock Exchange Holdings. As a result, Holdings would indirectly acquiring or maintaining an LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with not be able to provide dividends derived ownership interest in an ETP Holder, or from regulatory fees or penalties (ii) an ETP Holder being or becoming an the Securities and Exchange belonging to NSX to the shareholders of affiliate of NSX or any affiliate of NSX. Commission (‘‘Commission’’) the Holdings. The Commission finds that The term ‘‘affiliate’’ would have the proposed rule change as described in the prohibition on the use of regulatory meaning specified in Rule 12b–2 of the Items I and II below, which Items have fees or penalties to fund dividends is Act. Proposed Rule 2.10 would not been prepared by the Exchange. The consistent with Section 6(b)(1) of the prohibit any ETP Holder or its affiliate Commission is publishing this notice to Act because it would ensure that the from acquiring or holding an equity solicit comments on the proposed rule regulatory authority of NSX is not used interest in Holdings that is permitted by change from interested persons and improperly to benefit Holdings and its the ownership and voting limitations in approving the proposal on an shareholders. the Holdings Certificate of accelerated basis. Incorporation, and would not prohibit G. Other Changes an ETP Holder or an officer, director, I. Self-Regulatory Organization’s Following the demutualization, NSX manager, managing member, partner, or Statement of the Terms of Substance of would continue to serve as a voting affiliate of an ETP Holder being or the Proposed Rule Change member of various NMS plans becoming an ETP Holder Director or an addressing last sale reporting, quotation At-Large Director on the NSX Board, or The Exchange is proposing to amend reporting, and intermarket equities a member of the Holdings Board. NYSE Rule 476A (Imposition of Fines trading. In addition, following the The Commission finds that these for Minor Violation(s) of Rules) to demutualization, NSX will put into proposed rule changes are consistent reflect the deletion of NYSE Rule effect certain rule changes necessary to with the requirements of the Acts and 124(A). The text of the proposed rule implement its proposed ETP structure, the rules and regulations thereunder. In change is available on the Exchange’s including referring to persons and firms particular, the Commission finds that Web site (http://www.nyse.com), at the who are currently qualified for the proposed rule changes relating to Exchange’s principal office, and at the ETP Holders and their affiliates are Commission’s Public Reference Room. 177 See Proposed Rulemaking, supra note 134. consistent with Section 6(b)(1) of the 178 See proposed NSX By-Laws, Section 11.2. 180 Act, which requires a national 181 15 U.S.C. 78s(b)(2). 179 For purposes of this provision, regulatory securities exchange to be so organized 182 17 CFR 200.30–3(a)(12). penalties include restitution and disgorgement of funds intended for customers. See proposed NSX 1 15 U.S.C. 78s(b)(1). By-Laws, Section 10.4. 180 15 U.S.C. 78f(b)(1). 2 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s C. Self-Regulatory Organization’s IV. Commission’s Findings and Order Statement of the Purpose of, and Statement on Comments on the Granting Accelerated Approval of Statutory Basis for, the Proposed Rule Proposed Rule Change Received From Proposed Rule Change Change Members, Participants or Others The Commission finds that the In its filing with the Commission, the The Exchange has neither solicited proposed rule change is consistent with Exchange included statements nor received written comments on the the requirements of the Act and the concerning the purpose of, and basis for, proposed rule change. rules and regulations thereunder the proposed rule change and discussed III. Solicitation of Comments applicable to a national securities any comments it received on the exchange.5 In particular, the proposed rule change. The text of these Interested persons are invited to Commission believes that the proposal statements may be examined at the submit written data, views, and is consistent with Section 6(b)(5) of the places specified in Item III below. The arguments concerning the foregoing, Act,6 which requires that the rules of an Exchange has prepared summaries, set including whether the proposed rule exchange be designed to promote just forth in Sections A, B, and C below, of change is consistent with the Act. and equitable principles of trade, to the most significant aspects of such Comments may be submitted by any of remove impediments and to perfect the the following methods: statements. mechanism of a free and open market A. Self-Regulatory Organization’s Electronic Comments and a national market system, and, in general, to protect investors and the Statement of the Purpose of, and • Use the Commission’s Internet public interest. The Commission also Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ believes that the proposal is consistent Change rules/sro.shtml); or • with Sections 6(b)(1) and 6(b)(6) of the 1. Purpose Send an e-mail to rule- Act 7 which require that the rules of an [email protected]. Please include File exchange enforce compliance with, and NYSE Rule 124(A) prohibited Number SR–NYSE–2006–34 on the provide appropriate discipline for, unbundling of round-lot orders, failure subject line. violations of Commission and Exchange to aggregate odd-lot orders into round- Paper Comments rules. lot orders, the entry of both buy and sell odd-lot limit orders for the purpose of • Send paper comments in triplicate Finally, the Commission finds that the capturing the spread in the stock, and to Nancy M. Morris, Secretary, proposal is consistent with the public order entry practices intended to Securities and Exchange Commission, interest, the protection of investors, or circumvent the round-lot market. NYSE Station Place, 100 F Street, NE., otherwise in furtherance of the purposes Rule 124(A) is on the list of minor rule Washington, DC 20549–1090. of the Act, as required by Rule 19d– violations in NYSE Rule 476A. 1(c)(2) under the Act 8 which governs All submissions should refer to File minor rule violation plans. The The Exchange previously removed Number SR–NYSE–2006–34. This file Commission believes that deleting an NYSE Rule 124(A) from its rules.3 The number should be included on the obsolete provision from the Exchange’s Exchange neglected to amend NYSE subject line if e-mail is used. To help the minor rule violation plan is reasonable Rule 476A to reflect that change. This Commission process and review your and consistent with the Act. filing would correct that oversight by comments more efficiently, please use removing NYSE Rule 124(A) from the only one method. The Commission will The Commission finds good cause, 9 list of minor rule violations in NYSE post all comments on the Commission’s pursuant to Section 19(b)(2) of the Act, Rule 476A. Internet Web site (http://www.sec.gov/ for approving the proposed rule change prior to the thirtieth day after the date 2. Statutory Basis rules/sro.shtml). Copies of the submission, all subsequent of publication of the notice of the filing The Exchange believes that the basis amendments, all written statements thereof in the Federal Register. Because under the Act for this proposed rule with respect to the proposed rule the proposal merely deletes an obsolete change is the requirement under Section change that are filed with the provision from the Exchange’s rules, the 6(b)(5) of the Act 4 that an Exchange Commission, and all written Commission believes that a full notice- have rules that are designed to promote communications relating to the and-comment period is not necessary just and equitable principles of trade, to proposed rule change between the before approving it. remove impediments to and perfect the Commission and any person, other than V. Conclusion mechanisms of a free and open market those that may be withheld from the and a national market system, and, in public in accordance with the It is therefore ordered, pursuant to general, to protect investors and the provisions of 5 U.S.C. 552, will be Section 19(b)(2) of the Act 10 and Rule public interest. available for inspection and copying in 19d–1(c)(2) thereunder,11 that the the Commission’s Public Reference proposed rule change (SR–NYSE–2006– B. Self-Regulatory Organization’s Room. Copies of such filing also will be 34) be, and hereby is, approved and Statement on Burden on Competition available for inspection and copying at declared effective. The Exchange does not believe that the principal office of the NYSE. All the proposed rule change would impose comments received will be posted 5 In approving this proposed rule change, the without change; the Commission does Commission notes that it has considered the any burden on competition that is not proposed rule’s impact on efficiency, competition, necessary or appropriate in furtherance not edit personal identifying information from submissions. You and capital formation. See 15 U.S.C. 78c(f). of the purposes of the Act. 6 15 U.S.C. 78f(b)(5). should submit only information that 7 15 U.S.C. 78f(b)(1) and 78f(b)(6). you wish to make available publicly. All 8 3 See Securities Exchange Act Release No. 49745 17 CFR 240.19d–1(c)(2). (May 20, 2004), 69 FR 29998 (May 26, 2004) (SR– submissions should refer to File 9 15 U.S.C. 78s(b)(2). NYSE–2003–37). Number SR–NYSE–2006–34 and should 10 15 U.S.C. 78s(b)(2). 4 15 U.S.C. 78f(b)(5). be submitted on or before July 6, 2006. 11 17 CFR 240.19d–1(c)(2)

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For the Commission, by the Division of DEPARTMENT OF STATE Dated: June 9, 2006. Market Regulation, pursuant to delegated Margaret Hayes, authority.12 [Public Notice 5442] Director, Shipping Coordinating Committee, J. Lynn Taylor, Department of State. Assistant Secretary. Shipping Coordinating Committee; [FR Doc. E6–9358 Filed 6–14–06; 8:45 am] [FR Doc. E6–9348 Filed 6–14–06; 8:45 am] Facilitation Committee; Notice of BILLING CODE 4710–09–P BILLING CODE 8010–01–P Meeting The Shipping Coordinating DEPARTMENT OF STATE Committee (SHC) will conduct an open meeting at 12:30 p.m. on Monday, June [Public Notice 5441] SMALL BUSINESS ADMINISTRATION 26, 2006, in Room 1303 of the United Determination Under Subsection States Coast Guard Headquarters SBA Lender Risk Rating System 402(d)(1) of the Trade Act of 1974, As building, 2100 Second Street SW., Amended—Continuation of Waiver Washington, DC 20593–0001. The AGENCY: U.S. Small Business Authority Administration. primary purpose of the meeting is to prepare for the thirty-third session of Pursuant to the authority vested in the ACTION: Notice of extension of comment the Facilitation Committee (FAL 33) of President under the Trade Act of 1974, period. the International Maritime Organization as amended, Public Law 93–618, 88 (IMO), to be held from July 3 to 7, 2006, Stat. 1978 (hereinafter ‘‘the Act’’), and SUMMARY: On May 1, 2006 SBA at IMO Headquarters in London, assigned to the Secretary of State by published a notice seeking comments on England. virtue of section 1(a) of Executive Order its proposed Lender Risk Rating System The primary matters for discussion for 13346 of July 8, 2004, as well as the and notifying SBA Lenders (including FAL 33 will include the following: authority delegated to the Deputy 7(a) Lenders and Certified Development • General review and implementation Secretary of State by Delegation of Companies) of the availability of risk of the Convention on Facilitation of Authority 245 of April 23, 2001, I rating information through SBA’s International Maritime Traffic. determine, pursuant to section 402(d)(1) Lender Portal. SBA is extending the • Consideration and adoption of of the Act, 19 U.S.C. 2432(d)(1), that the comment period an additional 30 days proposed amendments to the Annex to further extension of the waiver authority to July 15, 2006. Given the significant the Convention. granted by section 402 of the Act will substantially promote the objectives of level of interest the Notice has • Electronic means for the clearance generated, SBA believes the affected section 402 of the Act. I further of ships. determine that continuation of the parties would find it beneficial to have • Application of the Committee’s waiver applicable to Vietnam will more time to review the proposal and Guidelines. substantially promote the objectives of prepare their comments. • Prevention and suppression of section 402 of the Act. DATES: The comment period for the SBA unlawful acts at sea or in port— This determination shall be published Lender Risk Rating System Notice and Facilitation aspects. in the Federal Register. • Request for Comments published May 1, Measure to enhance maritime Dated: June 2, 2006. 2006 (71 FR 25624) is extended through security—Facilitation aspects. Robert B. Zoellick, • July 15, 2006. Formalities connected with the Deputy Secretary of State, Department of arrival, stay and departure of persons. ADDRESSES: State. Address all comments by • mail, hand delivery, or courier to John Formalities connected with the [FR Doc. E6–9310 Filed 6–14–06; 8:45 am] M. White, Deputy Associate arrival, stay and departure of ships. BILLING CODE 4710–30–P • Administrator, Office of Lender Facilitation aspects of other IMO Oversight, U.S. Small Business forms and certificates. • Administration, 409 Third Street, SW., Ship/port interface. DEPARTMENT OF THE TREASURY Washington, DC 20416; or via facsimile • Technical co-operation sub- to (202) 205–6831; or by e-mail to programme for facilitation. Internal Revenue Service [email protected]. Please note that hard copies of Open Meeting of the Taxpayer documents associated with FAL 33 will FOR FURTHER INFORMATION CONTACT: John Advocacy Panel Volunteer Income Tax not be available at this meeting. Assistance (VITA) Issue Committee M. White, Deputy Associate Documents will be available in Adobe Administrator, at (202) 205–3049. Acrobat format on CD–ROM. To request AGENCY: Internal Revenue Service (IRS), (Authority: 15 U.S.C. 634) documents, please contact Mr. David Du Treasury. Pont via e-mail at ACTION: Notice. Dated: June 8, 2006. [email protected] or write to Michael W. Hager, the address provided below. SUMMARY: An open meeting of the Associate Deputy Administrator for the Office Members of the public may attend Taxpayer Advocacy Panel VITA Issue of Capital Access. this meeting up to the seating capacity Committee will be conducted. The [FR Doc. E6–9344 Filed 6–14–06; 8:45 am] of the room. Interested persons may Taxpayer Advocacy Panel is soliciting BILLING CODE 8025–01–P seek information by writing to Mr. public comment, ideas, and suggestions David Du Pont, Commandant (G–PSR), on improving customer service at the U.S. Coast Guard Headquarters, 2100 Internal Revenue Service. Second Street SW., Room 1400, DATES: The meeting will be held Washington, DC 20593–0001 or by Tuesday, July 11, 2006, at 3:30 p.m. 12 17 CFR 200.30–3(a)(12). calling (202) 372–1497. Eastern Time.

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FOR FURTHER INFORMATION CONTACT: 912–1227 or 206–220–6096, or write to Dated: June 7, 2006. Barbara Toy at 1–888–912–1227, or Dave Coffman, TAP Office, 915 2nd John Fay, (414) 231–2360. Avenue, MS W–406, Seattle, WA 98174 Acting Director, Taxpayer Advocacy Panel. SUPPLEMENTARY INFORMATION: Notice is or you can contact us at [FR Doc. E6–9331 Filed 6–14–06; 8:45 am] http://www.improveirs.org. Due to hereby given pursuant to section BILLING CODE 4830–01–P 10(a)(2) of the Federal Advisory limited conference lines, notification of Committee Act, 5 U.S.C. App. (1988) intent to participate in the telephone conference call meeting must be made that a meeting of the Taxpayer DEPARTMENT OF THE TREASURY Advocacy Panel VITA Issue Committee with Dave Coffman. Mr. Coffman can be will be held Tuesday, July 11, 2006, at reached at 1–888–912–1227 or 206– Internal Revenue Service 3:30, Eastern Time via a telephone 220–6096. conference call. You can submit written The agenda will include the Open Meeting of the Area 4 Taxpayer comments to the panel by faxing to following: Various IRS issues. Advocacy Panel (Including the States (414) 231–2363, or by mail to Taxpayer Dated: June 7, 2006. of Illinois, Indiana, Kentucky, Michigan, Advocacy Panel, Stop 1006MIL, 211 John Fay, Ohio, Tennessee, and Wisconsin) West Wisconsin Avenue, Milwaukee, Acting Director, Taxpayer Advocacy Panel. WI 53203–2221, or you can contact us [FR Doc. E6–9330 Filed 6–14–06; 8:45 am] AGENCY: Internal Revenue Service (IRS), at http://www.improveirs.org. Public BILLING CODE 4830–01–P Treasury. comments will also be welcome during ACTION: the meeting. Please contact Barbara Toy Notice. at 1–888–912–1227 or at (414) 231–2360 DEPARTMENT OF THE TREASURY for additional information. SUMMARY: An open meeting of the Area The agenda will include the Internal Revenue Service 4 Taxpayer Advocacy Panel will be following: Process-Based Training. conducted. The Taxpayer Advocacy Open Meeting of the Area 5 Taxpayer Panel is soliciting public comment, Dated: June 7, 2006. Advocacy Panel (Including the States ideas, and suggestions on improving John Fay, of Iowa, Kansas, Minnesota, Missouri, customer service at the Internal Revenue Acting Director, Taxpayer Advocacy Panel. Nebraska, Oklahoma, and Texas) Service. [FR Doc. E6–9329 Filed 6–14–06; 8:45 am] AGENCY: Internal Revenue Service (IRS), BILLING CODE 4830–01–P DATES: The meeting will be held Friday, Treasury. July 14, 2006, 8:30 a.m. to 4:30 p.m., ACTION: Notice. and Saturday, July 15, 8 a.m. to Noon, DEPARTMENT OF THE TREASURY Central Time. SUMMARY: An open meeting of the Area Internal Revenue Service 5 Taxpayer Advocacy Panel will be FOR FURTHER INFORMATION CONTACT: conducted. The Taxpayer Advocacy Mary Ann Delzer at 1–888–912–1227, or Open Meeting of the Taxpayer Panel is soliciting public comment, (414) 231–2365. Assistance Center Committee of the ideas, and suggestions on improving SUPPLEMENTARY INFORMATION: Notice is Taxpayer Advocacy Panel customer service at the Internal Revenue Service. hereby given pursuant to section 10(a)(2) of the Federal Advisory AGENCY: Internal Revenue Service (IRS), DATES: The meeting will be held Treasury. Tuesday, July 11, 2006, at 9:30 a.m. Committee Act, 5 U.S.C. App. (1988) ACTION: Notice. Central Time. that a meeting of the Area 4 Taxpayer Advocacy Panel will be held Friday, FOR FURTHER INFORMATION CONTACT: SUMMARY: An open meeting of the July 14, 2006, 8:30 a.m. to 4:30 p.m., Mary Ann Delzer at 1–888–912–1227, or Taxpayer Assistance Center Committee and Saturday, July 15, 8 a.m. to Noon, (414) 231–2365. of the Taxpayer Advocacy Panel will be Central Time, at Hotel Indigo, 1244 SUPPLEMENTARY INFORMATION: conducted (via teleconference). The Notice is North Dearborn Parkway, Chicago, IL Taxpayer Advocacy Panel (TAP) is hereby given pursuant to Section 60610. You can submit written 10(a)(2) of the Federal Advisory soliciting public comments, ideas, and comments to the panel by faxing to Committee Act, 5 U.S.C. App. (1988) suggestions on improving customer (414) 231–2363, or by mail to Taxpayer that a meeting of the Area 5 Taxpayer service at the Internal Revenue Service. Advocacy Panel, Stop1006MIL, 211 Advocacy Panel will be held Tuesday, DATES: West Wisconsin Avenue, Milwaukee, The meeting will be held July 11, 2006, at 9:30 a.m. Central Time WI 53203–2221, or you can contact us Tuesday, July 11, 2006. via a telephone conference call. You can at http://www.improveirs.org. This FOR FURTHER INFORMATION CONTACT: submit written comments to the panel meeting is not required to be open to the Dave Coffman at 1–888–912–1227, or by faxing to (414) 231–2363, or by mail public, but because we are always 206–220–6096. to Taxpayer Advocacy Panel, interested in community input, we will SUPPLEMENTARY INFORMATION: Notice is Stop1006MIL, 211 West Wisconsin accept public comments. Please contact hereby given pursuant to Section Avenue, Milwaukee, WI 53203–2221, or 10(a)(2) of the Federal Advisory you can contact us at http:// Mary Ann Delzer at 1–888–912–1227 or Committee Act, 5 U.S.C. App. (1988) www.improveirs.org. This meeting is not (414) 231–2365 for more information. that an open meeting of the Taxpayer required to be open to the public, but The agenda will include the Assistance Center Committee of the because we are always interested in following: Various IRS issues. Taxpayer Advocacy Panel will be held community input, we will accept public Dated: June 7, 2006. Tuesday, July 11, 2006 from 9 a.m. comments. Please contact Mary Ann John Fay, Pacific Time to 10:30 a.m. Pacific Time Delzer at 1–888–912–1227 or (414) 231– via a telephone conference call. If you 2365 for additional information. Acting Director, Taxpayer Advocacy Panel. would like to have the TAP consider a The agenda will include the [FR Doc. E6–9332 Filed 6–14–06; 8:45 am] written statement, please call 1–888– following: Various IRS issues. BILLING CODE 4830–01–P

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Part II

Department of State Office of Protocol; Gifts to Federal Employees From Foreign Government Sources Reported to Employing Agencies in Calendar Year 2004; Notice

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DEPARTMENT OF STATE statements which, as required by law, 7342(f) of Title 5, United States Code, as Federal employees filed with their added by Section 515(a)(1) of the employing agencies during calendar [Public Notice 5435] Foreign Relations Authorization Act, year 2004 concerning gifts received from Fiscal Year 1978 (Pub. L. 95–105, Office of Protocol; Gifts to Federal foreign government sources. The August 17, 1977, 91 Stat. 865). compilation includes reports of both Employees From Foreign Government Dated: May 17, 2006. Sources Reported to Employing tangible gifts and gifts of travel or travel Henrietta H. Fore, Agencies in Calendar Year 2004 expenses of more than minimal value, as defined by statute. Under Secretary for Management, The Department of State submits the Publication of this listing in the Department of State. following comprehensive listing of the Federal Register is required by Section

AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

President ...... Artwork: 9″ x 7″ bull moose antler The Right Paul Martin, P.C., M. Non-acceptance would cause em- sculpture of an Eskimo in a P., Honorable, The Prime Min- barrassment to donor and U.S. kayak beside an igloo and a ister of Canada and Mrs. Martin. Government. whale. Recd—January 12, 2004. Est. Value—$350. Ar- chives Foreign. President ...... Baseball caps (2): navy blue and His Royal Highness Prince Ban- Non-acceptance would cause em- silver wool Dallas Cowboys dar bin Sultan, Ambassador of barrassment to donor and U.S. baseball caps embroidered with the Kingdom of Saudi Arabia. Government. a star and a NFL patch. Recd— January 15, 2004. Est. Value— $40. Archives Foreign. Clothing: Dallas Cowboys navy blue polyester pullover embroi- dered with a ‘‘D’’ on the front and ‘‘Cowboys’’ on the back. Recd—January 15, 2004. Est. Value—$70. Archives Foreign. Clothing: navy blue wool Dallas Cowboys Varsity jacket with brown leather sleeves and Super Bowl patches sewn on each. Recd—January 15, 2004. Est. Value—$200. Archives Foreign. President ...... Desk accessory: 10″ x 2″ sterling His Excellency Recep Tayyip Non-acceptance would cause em- silver pen and ink container Erdogan, Prime Minister of the barrassment donor and U.S. with intricate engravings on the Republic of Turkey. Government. lid. Recd—January 28, 2004. Est. Value—$350. Archives Foreign. President ...... Hardcover book: 12″ x 161⁄2,″ The Honorable Giuseppe Pericu, Non-acceptance would cause em- brown leather bound book, ‘‘I Mayor of Genoa, Italy. barrassment to donor and U.S. palazzi di Genova (The Palaces Government. of Genoa),’’ by Peter Paul Rubens. Recd—January 30, 2004. Est. Value—$325. Ar- chives Foreign. President ...... Household item: 10′ x 14′ brown, His Excellency Zine El Abidine Non-acceptance would cause em- tan, sage and ivory wool rug Ben Ali, President of the Re- barrassment to donor and U.S. with an intricate geometric pat- public of Tunisia. Government. tern. Recd—February 18, 2004. Est. Value—$6300. Archives Foreign. President ...... Consumables (12): bottles of His Excellency Mikheil Non-acceptance would cause em- Georgian dry red wine. Recd— Saakashvili, President of Geor- barrassment to donor and U.S. February 25, 2004. Est. gia. Government. Value—$144. Handled pursuant to Secret Service policy.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Miscellaneous: 4″ gold-tone rose figurine; mounted on a 31⁄2″ x 21⁄2″ x 1″ green marble base with a plaque engraved ‘‘Revo- lution of Roses in Georgia, Mikheil Saakashvili.’’ Recd— February 25, 2004. Est. Value—$50. Archives Foreign. Artwork: 37″ x 26″ multicolored oil painting on canvas of a Geor- gian town in the mountains; held in a 37″ x 26″ gold-tone wood frame. Recd—February 25, 2004. Est. Value—$100. Ar- chives Foreign. Athletic equipment: 11″ Softball, signed by Georgia’s Junior Baseball League. Recd—Feb- ruary 25, 2004. Est. Value— $40. Archives Foreign. President ...... Household item: 10″ Waterford His Excellency Bertie Ahern, TD Non-acceptance would cause em- crystal scalloped bowl ‘‘Kings Prime Minister of Ireland. barrassment to donor and U.S. Bowl’’ etched ‘‘Presented to Government. George W. Bush, President of the United States of America, On the Occasion of St. Patrick’s Day 2004, By The Taoiseach Bertie Ahern, on Behalf of the People of Ireland.’’ Recd— March 17, 2004. Est. Value— $550. Archives Foreign. President ...... Hardcover book: ‘‘Botero: New His Excellency Alvaro Uribe, Non-acceptance would cause em- Works on Canvas,’’ an interview President of the Republic of barrassment to donor and U.S. with Fernando Botero and ‘‘One Colombia and Mrs. Lina Government. Hundred Years of Solitude,’’ by Moreno de Uribe. Gabriel Garcia Marquez, held in a 201⁄2″ x 12″ x 3″ wooden box engraved with the authors sig- natures on the lid. Recd— March 23, 2004. Est. Value— $180. Archives Foreign. President ...... Desk accessory: 31⁄2″ x 2″ oval His Excellency Indulis Emsis, Non-acceptance would cause em- golden amber paperweight. Prime Minister of the Republic barrassment to donor and U.S. Recd—March 29, 2004. Est. of Latvia. Government. Value—$650. Archives Foreign. President ...... 25″ x 52″ 19th century hand- His Excellency Imad Moustapha, Non-acceptance would cause em- painted Syrian cabinet doors; Ambassador of the Syrian Arab barrassment to donor and U.S. held in a 33″ x 621⁄2″ gold-tone Republic. Government. shadowbox frame with a plaque engraved ‘‘Syrian Hand Painted Cabinet Doors, CA: 1800’s.’’ Recd—March 31, 2004. Est. Value—$1200. Archives For- eign. President ...... Household item: 47″ x 78″ multi- His Excellency Mohamed Hosny Non-acceptance would cause em- colored silk rug with intricate Mubarak, President of the Arab barrassment to donor and U.S. floral and bird designs. Recd— Republic of Egypt. Government. April 12, 2004. Est. Value— $2400. Archives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

President ...... Miscellaneous: 8″ x 10″ gold leaf Her Excellency Wu Yi, Vice Pre- Non-acceptance would cause em- vase, by Jinli Shen, comprised mier of the State Council of the barrassment to donor and U.S. of Chinese jingdezhen ceramic, People’s Republic of China. Government. Fuzhou lacquer and Cloisonne enamel; mounted on a 12″ x 12″ x 6″ wooden base with intri- cate gold feet. Recd—April 21, 2004. Est. Value—$350. Ar- chives Foreign. President ...... Miscellaneous: Phoenix Pro Max The Right Honorable Paul Martin, Non-acceptance would cause em- Model 2020 black leather pro- P.C., M.P., Prime Minister of barrassment to donor and U.S. tective rodeo vest embroidered Canada. Government. with the American and Cana- dian flags on the front. Recd— April 30, 2004. Est. Value— $290. Archives Foreign. President ...... Desk accessory: 51⁄2″ Mont Blanc His Majesty King Abdullah II of Non-acceptance would cause em- sterling silver pinstriped foun- the Hashemite Kingdom of Jor- barrassment to donor and U.S. tain pen with 18k gold trim and dan. Government. engraved with the donor’s sig- nature. Recd—April 30, 2004. Est. Value—$675. Archives Foreign. President ...... Accessory: Wyler Vetta limited His Excellency Silvio Berlusconi, Non-acceptance would cause em- edition (8/275) Moby Dick watch President of the Council of Min- barrassment to donor and U.S. with white and black alligator isters of the Italian Republic. Government. leather bands. Recd—May 19, 2004. Est. Value—$3004. Ar- chives Foreign. Clothing (6): a variety of E. Marinella silk ties. Recd—May 19, 2004. Est. Value $810. Ar- chives Foreign. President ...... Miscellaneous: 7″ Kessaris ster- His Excellency Kostas Non-acceptance would cause em- ling silver cup engraved with Karamanlis, Prime Minister of barrassment to donor and U.S. donor’s signature and handles the Hellenic Republic. Government. depicting silver olive leaves. Recd—May 20, 2004. Est. Value—$500. Archives Foreign. Collectable: white baseball printed ‘‘Athens 2004’’ and signed by donor, with 4kg black metal shot put and stand. Recd—May 20, 2004. Est. Value—$225. Ar- chives Foreign. President ...... Artwork: 70″ x 24″ Gabonese His Excellency El Hadj Omar Non-acceptance would cause em- hammered copper and wood Bongo Ondimba, President of barrassment to donor and U.S. mask; mounted on a 26″ x the Gabonese Republic. Government. 191⁄2″ x 8″ iron stand. Recd— May 26, 2004. Est. Value— $600. Archives Foreign. Weapon: 181⁄2″ x 11″ Gabonese black wood machete with gold- tone trim. Recd—May 26, 2004. Est. Value—$600. Archives Foreign. President ...... Artwork: 12″ x 12″ x 32″ marble His Excellency Silvio Berlusconi, Non-acceptance would cause em- sculpture of Hercules, crafted President of the Council of Min- barrassment to donor and U.S. by Pietro Galli in 1895. Rec’d— isters of the Italian Republic. Government. June 4, 2004. Est. Value— $8500. Archives Foreign. Hardcover book: ‘‘Villa Madama (Madame’s Villa),’’ by R. Editalia. Recd—June 4, 2004. Est. Value—$22. Archives For- eign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Accessories (10): a variety of E. Marinella silk ties. Recd—June 4, 2004. Est. Value—$1350. Ar- chives Foreign. President ...... Hardcover books (2, 1850 edi- His Excellency Jacques Chirac, Non-acceptance would cause em- tions): ‘‘Democratie en President of the French Repub- barrassment to donor and U.S. Amerique: Tome Un et Deux lic. Government. (Democracy in America: Vol- umes 1 and 2),’’ by Alexis de Tocqueville. Recd—June 5, 2004. Est. Value—$1500. Ar- chives Foreign. Collectable: 44″ x 111⁄2″ x 15″ LCT 555 gray wooden model boat; held on a 50″ x 181⁄2″ x 41⁄2″ brown wood stand. Recd—June 5, 2004. Est. Value—$1500. Archives For- eign. President ...... Miscellaneous: 12″ x 4″ Reuge His Majesty Hamad Bin Isa Bin Non-acceptance would cause em- Music clear glass music box Salman Al-Khalifa, King of the barrassment to donor and U.S. that plays ‘‘La Traviata,’’ Kingdom of Bahrain. Government. ‘‘Nabucco,’’ and ‘‘Il Trovatore’’ with 2″ intricate fish-shaped gold-tone feet and etched with the royal crest. Recd—June 9, 2004. Est. Value—$1980. Ar- chives Foreign. President ...... Smoking accessories: 12″ x 9″ x His Excellency Jacques Chirac, Non-acceptance would cause em- 4″ Lalique brown wood humidor President of the French Repub- barrassment to donor and U.S. inlaid with intricately carved lic. Government. resin. Recd—June 9, 2004. Est. Value—$2895. Archives For- eign. President ...... Accessory: pair of 3⁄4″ 18kt white His Majesty King Abdullah II of Non-acceptance would cause em- gold cufflinks depicting the Ara- the Hashemite Kingdom of Jor- barrassment to donor and U.S. bic symbols of good fortune dan. Government. and health. Recd—June 15, 2004. Est. Value—$400. Ar- chives Foreign. President ...... Hardcover book: ‘‘Treasures of His Excellency Peter Medgyessy, Non-acceptance would cause em- the Hungarian National Li- Prime Minister of the Republic barrassment to donor and U.S. brary,’’ by Magyar Konyvklub. of Hungary. Government. Recd—June 22, 2004. Est. Value—$90. Archives Foreign. Miscellaneous: 10′ braided brown leather whip with ornate multi- colored leather detailing on a carved wooden handle. Recd— June 22, 2004 Est. Value— $125 Archives Foreign. Miscellaneous: 161⁄2″ x 191⁄2″ lim- ited edition (101/500) replica of the first printed map of the United States in 1540; held in a 22″ x 25″ gold-tone frame with green and red matting. Recd— June 22, 2004. Est. Value— $550. Archives Foreign. President ...... Household item: 12″ Lacquer His Majesty sultan Haji Hassanal Non-acceptance would cause em- ware bamboo bowl. Recd— Bolkia Mu’izzaddin Waddaulah. barrassment to donor and U.S. June 22, 2004. Est. Value— Government. $99. Archives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Household items (2): 2″ x 7″ Biar- Sultan and Yang Di-Pertuan of ritz clear glass champagne Brunei Darussalam. flutes, by Cristal JG Durand. Recd—June 22, 2004. Est. Value—$23. Archives Foreign. Miscellaneous: 3″ x 4″ Earth ele- ments red cinnamon scented candle. Recd—June 22, 2004. Est. Value—$20. Handled pur- suant to Secret Service Policy. Hardcover books (2): ‘‘The Amaz- ing Cigar,’’ by Giovanni Livera and Jon Racherbaumer, and ‘‘Moments: The Pulitzer Prize- Winning Photographs,’’ by Hal Ruell. Recd—June 22, 2004. Est. Value—$55. Archives For- eign. DVDs (2): ‘‘Singing in the Rain,’’ starring Gene Kelly and Debbie Reynolds, and ‘‘To Kill a Mock- ingbird,’’ starring Gregory Peck. Recd—June 22, 2004. Est. Value—$50. Archives Foreign. CDs (4) and paperback book: ‘‘Central Avenue Sounds: Jazz in Los Angeles (1921–1956),’’ by various artists. Recd—June 22, 2004. Est. Value—$60. Ar- chives Foreign. CD: ‘‘That Christmas Feeling,’’ by various artists. Recd—June 22, 2004. Est. Value—$15. Ar- chives Foreign. Household item: 5″ x 31⁄2″ Hun- garian clear glass pitcher with lid. Recd—June 22, 2004. Est. Value—$20. Archives Foreign. Holiday item: 5″ x 31⁄2″ multi-col- ored beaded ornament with ‘‘Joy.’’ printed on it. Recd— June 22, 2004. Est. Value— $13. Archives Foreign. Collectable: 51⁄4″ x 81⁄4″ Lalique amber crystal eagle with outspread wings. Recd—June 22, 2004. Est. Value—$575. Ar- chives Foreign. Miscellaneous: 41⁄2″ x 51⁄2″ silver- plated heart shaped penholder. Recd—June 22, 2004. Est. Value—$26. Archives Foreign. Miscellaneous: 21⁄2″ x 21⁄4″ Elias star-shaped pewter picture frame. Recd—June 22, 2004. Est. Value—$50. Archives For- eign. President ...... Miscellaneous: 91⁄2″ Waterford Her Excellency Dr. Mary Non-acceptance would cause em- black ceramic carafe lined with McAleese, The President of Ire- barrassment to donor and U.S. a gold-tone finish; accompanied land. Government. by a 12″ matching bowl. Recd—June 25, 2004. Est. Value—$118. Archives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

President ...... Hardcover book: ‘‘The Encyclo- His Excellency Bertie Ahern, TD Non-acceptance would cause em- pedia of Ireland,’’ edited by Prime Minister of Ireland. barrassment to donor and U.S. Brian Lalor. Recd—June 25, Government. 2004 Est. Value—$65 Archives Foreign. President ...... Household item: 13″ frosted and His Majesty Sultan Haji Hassanal Non-acceptance would cause em- tinted crystal vase with intricate Bolkiah Mu’izzaddin barrassment to donor and U.S. detailing Recd—June 25, 2004. Waddaulah. Sultan and Yang Government. Est. Value $76. Archives For- Di-Pertuan of Brunei eign Sultan and Yang Di- Darussalam. Pertuan of Brunei Darussalam. Game: ‘‘Forgotten English: Knowl- edge Cards,’’ created by Jeffrey Kacirk Recd—June 25, 2004 Est. Value—$10 Archives For- eign. Desk accessory: 43⁄4″ x 2″ pewter desk clock. Recd—June 25, 2004. Est. Value—$56. Dam- aged during shipment. Hardcover book: ‘‘Selected Poetry of Ogden Nash,’’ introduction by Archibald MacLeish. Recd— June 25, 2004. Est. Value— $16. Archives Foreign. Hardcover book: ‘‘And the Crowd Goes Wild: Relive the Most Celebrated Sporting Events Ever Broadcast,’’ by Joe Gar- ner. Recd—June 25, 2004. Est. Value—$50. Archives Foreign. Artwork: 41⁄2″ x 61⁄2″ black and white print by Loy Whitman, of a park in New Haven during the winter; held in 8″ x 10″ black wood frame with black and white matting. Recd—June 25, 2004. Est. Value—$42. Ar- chives Foreign. Game: ‘‘Horse Race Derby: An Action Marble Game.’’ Recd— June 25, 2004. Est. Value— $16. Archives Foreign. Household item: 31⁄2″ x 31⁄2″ ster- ling silver frame with a decora- tive border. Recd—June 25, 2004. Est. Value—$70. Ar- chives Foreign. Household item: 5″ x 5″ yellow ceramic soap dish painted with a multicolored country home in the center. Recd—June 25, 2004. Est. Value—$26. Ar- chives Foreign. Consumables: a variety of consumables, including crack- ers, cheese and chocolate. Recd—June 25, 2004. Est. Value—Not Applicable. Handled pursuant to Secret Service Pol- icy. Household item: 36″ x 20″ x 20″ brown wicker trunk. Recd— June 25, 2004. Est. Value— $579. Archives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Paperback book: ‘‘The Worst- Case Scenario Survival Hand- book,’’ by Joshua Piven and David Borgenicht. Recd—June 25, 2004. Est. Value—$15. Ar- chives Foreign. Holiday item: 8″ x 41⁄2″ x 7″ De- partment 56 brown log cabin wax candle; held on a 6″ x 9″ black iron base. Recd—June 25, 2004. Est. Value $60. Han- dled pursuant to Secret Service Policy. President ...... Household item: 73″ x 48″ red, His Excellency Ahmet Needet Non-acceptance would cause em- blue, ivory, and olive silk Turk- Sezer, The President of the Re- barrassment to donor and U.S. ish kilim in an Anatolian pattern. public of Turkey and Mrs. Sezer. Government. Recd—June 27, 2004. Est. Value—$350. Archives Foreign. Hardcover book: 13″ x 17″ copy of ‘‘Gardens of Paradise; 16th Century Turkish Ceramic Deco- ration,’’ by Walter Denny. Recd—June 27, 2004. Est. Value—$549. Archives Foreign. Miscellaneous: 8″ x 4″ Pasabahce white and blue Turkish curvi- linear glass container with white and cobalt swirl design; accom- panied by a 11⁄2″ blue glass lid carved with NATO symbol. Recd—June 27, 2004. Est. Value—$100. Archives Foreign. Photographs (40): 71⁄2″ x 91⁄2″ color photographs of President and Mrs. Bush’s visit with do- nors in Istanbul, Turkey on June 26–27, 2004; held in a 10″ x 12″ blue leather album. Recd—June 27, 2004. Est. Value—$137. Archives Foreign. President ...... Miscellaneous: 12″ x 10″ ornate The Most Reverend Yusuf Syrian, Non-acceptance would cause em- silver tray engraved ‘‘Syrian Or- Orthodox Metropolitan Istanbul, barrassment to donor and U.S. thodox Archdiocese of Istanbul Turkey. Government. and Ankara,’’ with rounded edges and intricate designs along the border. Recd—June 27, 2004. Est. Value—$450. Ar- chives Foreign. Paperback book: ‘‘The Spiritual Treasure of Canonical Prayer,’’ published by The Archdiocese of the Syrian Orthodox Church; inscribed by donor. Recd—June 27, 2004. Est. Value—$5. Ar- chives Foreign. Paperback book: ‘‘5500 Syrians: Years’’ Witnesses,’’ by Kenan Altinisik, inscribed by donor. Recd—June 27, 2004. Est. Value—$10. Archives Foreign. Hardcover book: ‘‘Deyrul Zafaran: Monestary Restoration and Pro- tection Association,’’ edited by Cemil Tahincioglu. Recd—June 27, 2004. Est. Value—$250. Ar- chives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Plaque: 4″ x 6″ brass plaque en- graved with the Lord’s Prayer in Arabic. Recd—June 27, 2004. Est. Value—$35. Archives For- eign. President ...... Miscellaneous: 15″ x 15″ en- Dr. Ali Bardakoglu, President of Non-acceptance would cause em- graved silver calligraphic Religious Affairs Directorate barrassment to donor and U.S. Quranic verse, ‘‘When you General Ankara, Turkey. Government. judge between people you judge with justice,’’ bordered with blue, orange and green hand painted floral tile; held in a 21″ x 21″ gold-tone wood shadow box frame with green and purple matting. Recd— June 27, 2004. Est. Value— $350. Archives Foreign. Religious item: 13″ black prayer beads inlaid with mother-of- pearl and silver. Recd—June 27, 2004. Est. Value—$150. Ar- chives Foreign. President ...... Miscellaneous: 14″ x 7″ Yildiz His Excellency Recep Tayyip Non-acceptance would cause em- black, grey, white and silver Erdogan, Prime Minister of the barrassment to donor and U.S. porcelain bowl with an ornate Republic of Turkey. Government. leaf pattern; accompanied by a matching 14″ x 5″ lid with a black porcelain leaf-shaped handle. Recd—June 27, 2004. Est. Value—$250. Archives Foreign. Photographs and CD: 71⁄2″ x 91⁄2″ color photographs (40) of Presi- dent and Mrs. Bush’s visit with the donor in Istanbul, Turkey on June 27, 2004; held in a 10″ x 12″ red leather album. Recd— June 27, 2004. Est. Value— $137. Archives Foreign. President ...... Consumables (36): 750 ml. bot- His Excellency Abdelaziz Non-acceptance would cause em- tles of 1998 Chateau Tellagh Bouteflika, President of the barrassment to donor and U.S. Algerian red wine (6), 750 ml. Democratic Republic of Algeria. Government. bottles of Cuvee du President Algerian red wine (6) and 750 ml. bottles of 2001 Domaine Sebra Algerian red wine. Recd—June 30, 2004. Est. Value—$420. Handled pursuant to Secret Service policy. Miscellaneous: 10″ x 9″ silver fili- gree boat inlaid with coral stones on the sails. Recd— June 30, 2004. Est. Value— $500. Archives Foreign. Miscellaneous: 111⁄2″ x 221⁄2″ multicolored ceramic urn with silver-tone and coral detailing. Recd—June 30, 2004. Est. Value $125. Archives Foreign. President ...... Miscellaneous (2): 41⁄2″ x 3″ blue, His Majesty Mohammed VI, King Non-acceptance would cause em- aqua and grey ceramic bowls of Morocco. barrassment to donor and U.S. with gold accents; accompanied Government. by matching 41⁄2″ x 31⁄2″ lids with engraved gold handles. Recd—July 8, 2004. Est. Value—$15,000. Archives For- eign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Miscellaneous (2): 5″ x 71⁄2″ x 9″ ornate silver stirrups with 18kt gold accents and inlaid with ru- bies and emeralds. Recd—July 8, 2004. Est. Value $15,000. Archives Foreign. President ...... Clothing: Gobi black cashmere His Excellency N. Bagabandi, Non-acceptance would cause em- long-sleeve v-neck sweater with President of Mongolia and Mrs. barrassment to donor and U.S. a 12″ x 60″ matching cashmere A. Oyunbileg. Government. muffler. Recd—July 15, 2004. Est. Value—$175. Archives Foreign. Game: 20″ x 20″ multicolored wood chess set containing pieces carved in traditional Mongolian designs. Recd—July 15, 2004. Ext. Value—$150. Ar- chives Foreign. President ...... Weapon: 13″ curved dagger with His Excellency YAB Dato’ Seri Non-acceptance would cause em- a sterling silver, gold and ame- Abdullah bin Ahmad Badawi, barrassment to donor and U.S. thyst handle and a 14″ sterling Prime Minister of Malaysia. Government. silver and gold sheath etched with a floral pattern; held in a clear acrylic and velvet display case with presentation plates engraved ‘‘Presented by Abdullah bin Haji Ahmad Badawi, Prime Minister of Ma- laysia,’’ ‘‘Traditional Malay Weapon ‘Kris Tapak Kuda,’’’ and ‘‘Keris Tapak Kuda.’’ Recd—July 19, 2004. Est. Value—$750. Archives Foreign. President ...... Smoking accessories (33): 6″ ci- His Excellency Nunzio Alfredo Non-acceptance would cause em- gars. Recd—July 30, 2004. Est. D’Angieri, Ambassador of barrassment to donor and U.S. Value—$660. Handled pursuant Belize to Italy. Government. to Secret Service policy. Smoking accessory: 12″ x 14″ x 6″ lacquered cherry wood humi- dor with ‘‘GWB’’ inlaid in silver. Recd—July 30, 2004. Est. Value—$200. Archives Foreign. President ...... Household accessory: 22″ white, His Excellency Manmohan Singh, Non-acceptance would cause em- orange, blue, red, and green Prime Minister of the Republic barrassment to donor and U.S. round marble tabletop inlaid of India. Government. with red, coral, malachite, lapis lazuli, mother-of-pearl, tur- quoise and agate flowers; held on a 15″ x 15″ folding wooden base. Recd—September 22, 2004. Est. Value $550. Ar- chives Foreign. President ...... Coffee service (5): 2″ x 3″ ce- His Excellency Abdullah Gul, The Non-acceptance would cause em- ramic coffee cups with ornate Deputy Prime Minister and Min- barrassment to donor and U.S. sterling silver liners (2); 31⁄2″ ister of Foreign Affairs of the Government. sterling silver saucers (2); and Republic of Turkey and Mrs. a 10″ x 8″ sterling silver rectan- Gul. gular platter with beaded edges and detailed handles. Recd— September 29, 2004. Est. Value—$104. Archives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Household accessory: 4″ x 9″ tin Turkish coffee server with a 6″ wooden handle and engraved with a geometric pattern. Recd—September 29, 2004. Est. Value—$66. Archives For- eign. Consumable: 250 grams of Turk- ish coffee. Recd—September 29, 2004. Est. Value—$10. Handled pursuant to Secret Service policy. Household accessory: 16″ x 16″ gold-tone, taupe, and pink tap- estry table runner with 3″ silk fringe. Recd—September 29, 2004. Est. Value—$170. Ar- chives Foreign. President ...... Household accessories (48): 8″ His Excellency Thaksin Non-acceptance would cause em- round red, black, gold, pink, Shinawatra, Prime Minister of barrassment to donor and U.S. green, and blue Thai porcelain the Kingdom of Thailand. Government. plates painted with an ornate floral pattern (6); 10″ round red, black, gold, pink, green, and blue Thai porcelain plates paint- ed with an ornate floral pattern (6); 12″ round red, black, gold, pink, green, and blue Thai por- celain plates painted ‘‘GWB’’ with an ornate floral pattern (6); 5″ x 21⁄2″ red, black, gold, pink, green, and blue Thai porcelain plates painted with an ornate floral pattern (6); 7″ red, black, gold, pink, green, and blue Thai porcelain plates painted with an ornate floral pattern (6); 63⁄4″ red, black, gold, pink, green, and blue Thai porcelain plates painted with an ornate floral pattern (6); 63⁄4″ red, black, gold, pink, green, and blue Thai porcelain plates painted with an ornate floral pattern (6); 21⁄2″ x 21⁄2″ red, black, gold, pink, green, and blue Thai porcelain coffee cups painted with an or- nate floral pattern (6). Recd— October 5, 2004. Est. Value $480. Archives Foreign. Miscellaneous: 141⁄2″ x 33″ x 39″ wooden china display box with navy blue velvet lining. Recd— October 5, 2004. Est. Value— $200. Archives Foreign. President ...... Consumables (24): 750 ml. bot- His Excellency Abdelaziz Non-acceptance would cause em- tles of Coteaux de Mascara Bouteflika, President of the barrassment to donor and U.S. Domaine el Bordj (6); 750 ml. People’s Democratic Republic Government. bottles of Chateau Tellagh of Algeria. Medea (8); and 750 ml. bottles of Cuvee du President Vin D’Algerie (10). Recd—October 22, 2004. Est. Value—$238. Handled pursuant to Secret Service policy.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Weapon: 31″ silver sword ornately engraved with a geometrical design and inlaid with wooden geometrical shapes; held in a 26″ sheath with two 2″ hinged loops for hanging. Recd—Octo- ber 22, 2004. Est. Value— $2500. Archives Foreign. Household accessory: 81″ x 127″ hand-tied red, yellow, burgundy, and green wool rug with a small geometric pattern and a 4″ beige fringe. Recd—October 22, 2004. Est. Value—$700. Ar- chives Foreign. President ...... Hardcover book (facsimile of 1812 His Excellency Ricardo Lagos Non-acceptance would cause em- edition): ‘‘Aurora de Chile,’’ Escobar, President of the Re- barrassment to donor and U.S. published by the Sociedad de public of Chile. Government. Biblofilos Chilenos. Recd—No- vember 21, 2004. Est. Value— $50. Archives Foreign. Artwork (3): 13″ x 13″ matted en- graving of wood block print with accompanying poems, by Gabriela Mistral and Pablo Neruda, of a panther and a duck in the desert; 13″ x 13″ matted engraving of wood block print with accompanying poems, by Gabriela Mistral and Pablo Neruda, of a vulture, sparrow, and a palm tree with mountains in the background; and 13″ x 13″ matted engraving of wood block print with accom- panying poems, by Gabriela Mistral and Pablo Neruda, of a deer, two fish, and a tree. Recd—November 21, 2004. Est. Value—$450. Archives Foreign. Photograph: 16″ x 20″ color pho- tograph of President Bush and world leaders at 2004 APEC Summit in Santiago, Chile; mat- ting signed by donor and wood- en frame engraved ‘‘XII APEC ECONOMIC LEADERS’ MEET- ING, Santiago—Chile—Novem- ber 2004.’’ Recd—November 21, 2004. Est. Value—$261. Ar- chives Foreign. President ...... Collectable: 10″ x 8″ x 2″ silver, His Majesty Juan Carlos I, King of Non-acceptance would cause em- gold, and wood hinged box en- Spain. barrassment to donor and U.S. graved with an image of the Government. Royal Palace of Spain on the top and with donor’s signature inside. Recd—November 24, 2004. Est. Value—$750. Ar- chives Foreign. President ...... Collectable: 7″ gold-tone, white His Majesty Hamad Bin Isa Bin Non-acceptance would cause em- and black enamel, and stain- Salman Al-Khalifa, King of the barrassment to donor and U.S. less steel Hour Lavigne clock Kingdom of Bahrain. Government. with a hinged back opening to an image of Bahrain. Recd— November 29, 2004. Est. Value—$140. Archives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Weapon: 9″ stainless steel and gold-tone knife with malachite handle and stamped with the seal of the Kingdom of Bahrain. Recd—November 29, 2004. Est. Value—$400. Archives Foreign. President ...... Athletic equipment: 34″ black and The Right Honorable Paul Martin, Non-acceptance would cause em- brown wooden Sam Bats base- PC, MP, Prime Minister of Can- barrassment to donor and U.S. ball bat engraved ‘‘Texas Rang- ada. Government. ers, Prez 43, George W. Bush, Future Commissioner MLB, Presented by The Right Hon. Paul Martin, Ottawa, Canada, November 30, 2004.’’ Recd— November 30, 2004. Est. Value $111. Archives Foreign. Accessories: pair of 3/4″ white and yellow 14kt gold maple leaf cufflinks. Recd—November 30, 2004. Est. Value—$800. Ar- chives Foreign. President ...... Household accessories (3): 21″ x His Excellency Pervez Musharraf, Non-acceptance would cause em- 44″ x 20″ dark wood table or- President of the Islamic Repub- barrassment to donor and U.S. nately inlaid with bone; and 22″ lic of Pakistan. Government. x 22″ x 201⁄2″ dark wood end table ornately inlaid with bone (2). Recd—December 4, 2004. Est. Value $1400. Archives For- eign. Weapon: 52″ x 8″ antique muzzle loader (circa mid-1800s); held in a 20″ x 62″ wooden shadow- box with a 4″ x 3″ plaque en- graved ‘‘Presented by General Pervez Musharraf, President, Islamic Republic of Pakistan.’’ Recd—December 4, 2004. Est. Value—$725. Archives Foreign. Clothing: cream wool traditional Pakistani coat embroidered with a satin ornate design. Recd— December 4, 2004. Est. Value—$175. Archives Foreign. Accessory: 10″ cream wool tradi- tional Pakistani hat. Recd—De- cember 4, 2004. Est. Value— $65. Archives Foreign. President ...... Weapons (11): Maynard Revolver; His Majesty King Abdullah II of Non-acceptance would cause em- Colt Revolver (circa 1884); Colt the Hashemite Kingdom of Jor- barrassment to donor and U.S. Police Revolver (circa 1860); dan. Government. Remington Double Derringer Pistol; Sharps Flint-Ignition Pis- tol (circa 1780); Winchester Lever-Action Repeating Carbine (circa 1866); Colt Navy (circa 1851); Pistol from Lowell, Mas- sachusetts (circa 1858); Colt Derringer, Sharps 4 Barrel Pocket Pistol; and Wesson and Harrington Pocket Revolver (circa 1871); all held in a 23″ x 43″ hinged wooden box. Recd—December 6, 2004. Est. Value—$12,000. Archives For- eign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Miscellaneous (6): 4″ jars of var- ious fertilizers; held on a 12″ x 15″ wooden revolving display. Recd—December 6, 2004. Est. Value $60. Archives Foreign. Weapon: 50″ x 81⁄2″ black Dakota Arms sniper rifle with an 8″ scope; held in a metal hinged box embroidered on the inside ‘‘To My Dear Friend, George W. Bush, Abdullah II’’ with a Jor- danian crown and the Great Seal. Recd December 6, 2004. Est. Value—$10000. Archives Foreign. President ...... Jewelry: 18kt yellow gold Cartier His Excellency Silvio Berlusconi, Non-acceptance would cause em- Santos 100 watch with a President of the Council of Min- barrassment to donor and U.S. square face, Roman numeral isters of the Italian Republic. Government. hour markers, and a brown alli- gator band. Recd—December 16, 2004. Est. Value—$4200. Archives Foreign. Accessories (12): variety of E. Marinella silk ties. Recd—De- cember 16, 2004. Est. Value— $1620. Archives Foreign. President ...... Miscellaneous: 201⁄2″ x 16″ red His Excellency Zine El Abidine Non-acceptance would cause em- and white leather chest with Ben Ali, President of the Re- barrassment to donor and U.S. hinged lid; padded interior with public of Tunisia. Government. a two-tiered leather lined wood tray. Recd—December 17, 2004. Est. Value—$280. Ar- chives Foreign. Consumables: ten pounds of Tu- nisian dates. Recd—December 17, 2004. Est. Value—$60. Handled pursuant to Secret Service policy. Consumables (6): bottles of Les Vignes de Ta´nit wine (2 Rose, 2 Blanc, 2 Rouge). Recd—De- cember 17, 2004. Est. Value— $48. Archives Foreign. Consumables (8): liter bottles of Tunisian olive oil. Recd—De- cember 17, 2004. Est. Value— $28. Handled pursuant to Se- cret Service policy. President ...... Household: 31⁄2″ x 4″ round frost- Their Majesties King Abdullah II Non-acceptance would cause em- ed glass containers with ‘‘Sa- and Queen Rania al Abdullah barrassment to donor and U.S. vour Jordan.’’ Recd—December of the Hashemite Kingdom of Government. 22, 2004. Est. Value—$30. Ar- Jordan. chives Foreign. Miscellaneous (2): myrtle flower scented candles. Recd—De- cember 22, 2004. Est. Value— $20. Handled pursuant to Se- cret Service Policy.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Accessory: 21⁄2″ circular sterling silver lapel pin stamped ‘‘we must reach back to the greatest traditions of our civilizations * * * reach forward to the new insights and capabilities that will improve life * * * and we must reach out to each other.’’ Recd—December 22, 2004. Est. Value—$75. Archives For- eign. Household accessories (3): 3″ hammered sterling silver minia- ture urns. Recd—December 22, 2004. Est. Value—$250. Ar- chives Foreign. Desk accessories (3): silver, gold and beige journals stamped with a palm pattern and with ac- companying silver-tone book- marks. Recd—December 22, 2004. Est. Value—$96. Ar- chives Foreign. Collectable: 9″ x 9″ gold, yellow, green, and red square Rosen- thal porcelain plate painted with an ornate design with Arabic characters. Recd—December 22, 2004. Est. Value—$100. Ar- chives Foreign. First Lady ...... Household item: 6″ Royal Copen- Her Royal Highness Princess Al- Non-acceptance would cause em- hagen blue fluted half lace exandra of Denmark. barrassment to donor and U.S. china dish with the Royal cipher Government. of Denmark in the center. Recd—January 14, 2004. Est. Value—$250. Archives Foreign. Photograph: 4″ x 6″ photograph of Princess Alexandra of Den- mark; held in a 6″ x 9″ wood frame engraved with the Royal cipher on a silver square plate. Recd—January 14, 2004. Est. Value—$100. Archives Foreign. First Lady ...... Accessory: 12″ x 93⁄4″ Loewe His Excellency Jose Maria Aznar, Non-acceptance would cause em- brown suede and leather hand- President of the Government of barrassment to donor and U.S. bag. Recd—January 14, 2004. Spain and Mrs. Aznar. Government. Est. Value—$590. Archives Foreign. First Lady ...... Jewelry: 131⁄2″ x 11⁄2″ Atasay Mrs. Ermine Erdogan, Office of Non-acceptance would cause em- black leather and fur choker the Prime Minister of the Re- barrassment to donor and U.S. with traditional Sanliurfa simra public of Turkey. Government. 14kt gold draping chains and open work. Recd—January 28, 2004. Est. Value—$500. Ar- chives Foreign. Hardcover books (2): ‘‘Rumi Hid- den Music,’’ translated by Maryam Mafi and Azima Melita Kolin; and ‘‘Rumi: The Book of Love,’’ translated by Coleman Barks. Recd—January 28, 2004. Est. Value—$44. Ar- chives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Paperback book: ‘‘The Rumi Col- lection,’’ edited by Kabir Helminski. Recd—January 28, 2004. Est. Value—$15. Ar- chives Foreign. First Lady ...... Household item: 10″ x 3″ x 14″ Mrs. Leila Ben Ali, Office of the Non-acceptance would cause em- elaborate silver filigree vanity President of the Republic of Tu- barrassment to donor and U.S. mirror. Recd—February 18, nisia. Government. 2004. Est. Value—$750. Ar- chives Foreign. First Lady ...... Household items (7): Louise Ken- His Excellency Bertie Ahern, TD, Non-acceptance would cause em- nedy Tipperary Crystal napkin Prime Minister of Ireland. barrassment to donor and U.S. rings (6) from the Earth Star Government. Collection; accompanied by a 10″ x 2″ crystal stand. Recd— March 17, 2004. Est. Value— $162. Archives Foreign. First Lady ...... CD: ‘‘Paz, Reconciliacao (Peace, Mrs. Ana Paula dos Santos, First Non-acceptance would cause em- Reconciliation),’’ by Angola Lady of the Republic of Angola. barrassment to donor and U.S. Unida. Recd—May 12, 2004. Government. Est. Value—$15. Archives For- eign. Artwork: 37″ x 54″ multi-colored acrylic painting on velvet of a woman grinding grain in a vil- lage. Recd—May 12, 2004. Est. Value—$550. Archives Foreign. First Lady ...... Household items (7): 53″ x 89″ Mrs. Edith Lucie Bongo Ondimba, Non-acceptance would cause em- multicolored splatter painted First Lady of the Gabonese Re- barrassment to donor and U.S. white linen tablecloth with or- public. Government. ange trim; accompanied by matching 18″ x 12″ orange linen napkins (2) and 14″ x 12″ white linen napkins (4). Recd— May 26, 2004. Est. Value— $150. Archives Foreign. Jewelry: 3 1⁄2″ x 2″ 18kt gold intri- cate mask brooch inlaid with diamonds and emeralds. Recd—May 26, 2004. Est. Value—$1500. Archives For- eign. Household items (2): 19″ x 15″ raffia pillows with fringe. Recd—May 26, 2004. Est. Value—$120. Archives Foreign. Household items (2): 18″ x 14″ raffia pillows lined in brown and navy blue leather. Recd—May 26, 2004. Est. Value—$120. Ar- chives Foreign. First Lady ...... Jewelry: 7″ white gold chain link Mrs. Veronica Berlusconi, Office Non-acceptance would cause em- bracelet inlaid with diamonds. of the President of the Council barrassment to donor and U.S. Recd—June 4, 2004. Est. of Ministers of the Italian Re- Government. Value $3850. Archives Foreign. public. First Lady ...... Religious item: 221⁄2″ silver filigree His Holiness Pope John Paul II, Non-acceptance would cause em- rosary. Recd—June 4, 2004. Vatican City. barrassment to donor and U.S. Est. Value—$75. Archives For- Government. eign. First Lady ...... Accessory: 8″ x 4″ Chanel beige Mrs. Bernadette Chirac, Office of Non-acceptance would cause em- leather purse with a gold chain the President of the French Re- barrassment to donor and U.S. strap. Recd—June 5, 2004. Est. public. Government. Value—$1150. Archives For- eign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

First Lady ...... Household items (6): 18″ x 18″ Mrs. Lyudmila Aleksandrovna Non-acceptance would cause em- gray linen napkins embroidered Putina, Office of the President barrassment to donor and U.S. with a paisley design in the cor- of the Russian Federation. Government. ner (6); accompanied by 1″ sterling silver napkin rings en- graved ‘‘Moscow’’ in Russian (6). Recd—June 8, 2004. Est. Value $543. Archives Foreign. First Lady ...... Accessory: 4″ x 11⁄2″ x 3″ sterling Mrs. Emine Erdogan, Office of the Non-acceptance would cause em- silver clutch purse with floral Prime Minister of the Republic barrassment to donor and U.S. designs in relief. Recd—June 9, of Turkey. Government. 2004. Est. Value—$350. Ar- chives Foreign. First Lady ...... Collectable: 7″ x 6″ gold-tone and His Excellency Peter Medgyessy, Non-acceptance would cause em- multi-colored Herend Queen Prime Minister of the Republic barrassment to donor and U.S. Anne covered tureen with a of Hungary. Government. rose handle and painted with butterflies and flowers. Recd— June 22, 2004. Est. Value— $740. Archives Foreign. First Lady ...... Household item: 91⁄2″ baby blue Her Excellency Dr. Mary Non-acceptance would cause em- textured earthenware clay bowl McAleese, The President of Ire- barrassment to donor and U.S. with gold wiring along the edge, land. Government. by Ann Marie Brannigan. Recd—June 25, 2004. Est. Value—$469. Archives Foreign. First Lady ...... Household item: 72″ x 144″ Fer- His Excellency Bertie Ahern, TD Non-acceptance would cause em- guson’s white linen damask ta- Prime Minister of Ireland. barrassment to donor and U.S. blecloth. Recd—June 25, 2004. Government. Est. Value—$318. Archives Foreign. Household items (12): 18″ x 18″ Ferguson’s white linen napkins. Recd—June 25, 2004. Est. Value—$183. Archives Foreign. First Lady ...... Household item: 7″ x 3″ Urart His Excellency Ahmet Necdet Non-acceptance would cause em- sterling silver bowl with a 7″ Sezer, The President of the Re- barrassment to donor and U.S. sterling silver lid engraved with public of Turkey. Government. scenes of Topkapi Palace, Galata and the Maiden Towers Fortresses. Recd—June 27, 2004. Est. Value—$450. Ar- chives Foreign. Consumables: Divan Turkish candy. Recd—June 27, 2004. Est. Value: $10. Handled pursu- ant to Secret Service policy. First Lady ...... Accessory: 6″ x 3″ x2 ″ Mounier & His Majesty Mohammed VI, King Non-acceptance would cause em- Bouvard 18kt gold filigree of Morocco. barrassment to donor and U.S. evening clutch purse inlaid with Government. diamonds on the edge and clasp. Recd—July 8, 2004. Est. Value—$12,500. Archives For- eign. First Lady...... Hardcover book: first edition His Excellency Peter Medgyessy, Non-acceptance would cause em- (1943) copy of ‘‘The Little Prime Minister of the Republic barrassment to donor and U.S. Prince,’’ by Antoine de Saint- of Hungary. Government. Exupery and signed by author. Recd—July 12, 2004. Est. Value—$875. Archives Foreign. First Lady...... Clothing: long tan cashmere His Excellency N. Bagabandi, Non-acceptance would cause em- sweater coat made in Buyan. President of Mongolia and Mrs. barrassment to donor and U.S. Recd—July 15,2004. Est. A. Oyunbileg. Government. Value—$420. Archives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

First Lady ...... Household items (2): 24″ x 69″ His Excellency George A. Non-acceptance would cause em- light blue and royal blue silk Obiozor, Ambassador of the barrassment to donor and U.S. table runners with an intricate Federal Republic of Nigeria. Government. thread design and fringe. Recd—July 15, 2004. Est. Value—$500. Archives Foreign. First Lady ...... Hardcover books (3): ‘‘O-Kee-Pa: His Majesty Mohammed VI, King Non-acceptance would cause em- A Religious Ceremony and of Morocco. barrassment to donor and U.S. Other Customs of the Mandan,’’ Government. by George Catlin (published in 1867); and ‘‘North American In- dians, Volumes I and II,’’ by George Catlin (published 1913). Recd—November 4, 2004. Est. Value—$450. Archives Foreign. First Lady...... Accessory: brown, beige, and blue silk scarf printed ‘‘APEC 2004, Chile’’ with an abstract pattern. Recd—November 17, 2004. Est. Value—$135. Ar- chives Foreign.. Accessory: brown alpaca scarf Mrs. Luisa Duran de Lagos, First Non-acceptance would cause em- with a 5″ fringe. Recd—Novem- Lady of the Republic of Chile. barrassment to donor and U.S. ber 17, 2004. Est. Value—$65. Government. Archives Foreign. First Lady ...... Jewelry: 11⁄4″ gold, light and dark Mrs. Sehba Musharraf, First Lady Non-acceptance would cause em- pink garnet and pink tourmaline of the Islamic Republic of Paki- barrassment to donor and U.S. chandelier earrings; and a 17″ stan. Government. light and dark pink garnet and pink tourmaline beaded neck- lace. Recd—November 19, 2004. Est. Value—$500. Ar- chives Foreign. First Lady ...... Collectable: 7″ sterling silver bowl Mrs. Marta Sahagun de Fox, First Non-acceptance would cause em- stamped with an ornate design. Lady of the United Mexican barrassment to donor and U.S. Recd—November 20, 2004. States. Government. Est. Value—$350. Archives Foreign. First Lady ...... Accessory: yellow and white 14kt gold maple leaf lapel pin. Recd—November 30, 2004. Est. Value—$1,000. Archives Foreign.. Accessory: blue, green and rose Mrs. Sheila Martin, Office of the Non-acceptance would cause em- silk scarf. Recd—November 30, Prime Minister of Canada. barrassment to donor and U.S. 2004. Est. Value—$79. Ar- Government. chives Foreign. First Lady...... Accessory: Black satin evening bag with a turquoise, red coral, quartz and carnelian handle. Recd—December 1, 2004. Est. Value—$140. Archives Foreign.. Accessory: Loewe scarf. Recd— Her Majesty Queen Sofia Carlos, Non-acceptance would cause em- December 1, 2004. Est. Queen of Spain. barrassment to donor and U.S. Value—$295. Archives Foreign. Government. First Lady...... Collectable: sterling silver bowl His Excellency Pervez Musharraf, Non-acceptance would cause em- with ornate design. Recd—De- President of the Islamic Repub- barrassment to donor and U.S. cember 4, 2004. Est. Value— lic of Pakistan. Government. $350. Archives Foreign. First Family ...... Photograph of APEC leaders in His Excellency Thaksin Non-acceptance would cause em- October 2003 wearing tradi- Shinawatra, The Prime Minister barrassment to donor and U.S. tional Thai clothing in sterling of the Kingdom of Thailand and Government. silver frame. Recd—January Mrs. Khunying Shinawatra. 30, 2004. Est. Value—$450. Ar- chives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

First Family ...... Plaza Real sterling silver and dark His Excellency Vicente Fox Non-acceptance would cause em- wood chest with sterling silver Quesada, The President of the barrassment to donor and U.S. cactus designs in relief. Est. United Mexican States and Mrs. Government. Value—$300. Fox. Tane silver leaf sculpture. Est. Value—$250. Black wood tray, from Guerrero, Mexico, hand painted by Fran- cisco Coronel; accompanied by the hardcover book, ‘‘Lacas Mexicanas’’. Est. Value—$125. Recd—March 6, 2004. Archive Foreign. First Family ...... Argenta coconut shell bowl with His Excellency Alvaro Uribe, Non-acceptance would cause em- sterling silver handles. Recd— President of the Republic of barrassment to donor and U.S. March 23, 2004. Est. Value— Columbia and Mrs. Lina Government. $150. Archives Foreign. Moreno de Uribe. First Family ...... Bronze depiction of the Baptism His Holiness John Paul II, Vatican Non-acceptance would cause em- of Christ held in a gold tone City. barrassment to donor and U.S. shadowbox frame lined in red Government. velvet and containing a 2″ bronze replica of the papal crest. Recd—June 4, 2004. Est. Value—$450. Archives Foreign. First Family ...... Monnaie de Paris silver watches His Excellency Jacques Chirac, Non-acceptance would cause em- with black leather bands. President of the French. barrassment to donor and U.S. Recd—June 5, 2004. Est. Government. Value—$228. Archives Foreign. First Family...... Beige pottery piece made by The Right Honorable Paul Martin, Non-acceptance would cause em- Paula Murray. Recd—June 8, P.C., M.P., The Prime Minister barrassment to donor and U.S. 2004. Est. Value—$350. Ar- of Canada and Mrs. Martin. Government. chives Foreign. First Family ...... Coins (5): 11⁄4″ Bahrain 22kt gold His Majesty Hamad Bin Isa Bin Non-acceptance would cause em- coins engraved with ‘‘The Great Salman Al-Khalifa, King of the barrassment to donor and U.S. Bahraini Rulers.’’ Recd—June Kingdom of Bahrain. Government. 9, 2004. Est. Value—$2000. Ar- chives Foreign. Leather bound book and CD: ‘‘Brief Astronomical Biography of His Excellency The Hon. George W. Bush, President of the United States of America.’’ Recd—June 9, 2004. Est. Value—$100. Archives Foreign. Photograph: 12″ x 7″ inscribed color photograph of the donor and the Queen of Bahrain; held in a 15″ x 12″ gold-tone wood frame with red and beige suede matting. Recd—June 9, 2004. Est. Value—$76. Archives For- eign. First Family ...... Clothing: John Molloy traditional His Excellency Bertie Ahern, TD, Non-acceptance would cause em- ivory wool Aran women’s Prime Minster of Ireland. barrassment to donor and U.S. sweater with brown buttons; ac- Government. companied by a House of Ire- land traditional ivory wool Aran men’s sweater. Recd—June 25, 2004. Est. Value—$285. Ar- chives Foreign.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

First Family ...... Photographs (29): collection of 9″ His Majesty Mohammed VI, King Non-acceptance would cause em- x 7″ photographs, taken by of Morocco. barrassment to donor and U.S. Prince Roland Bonaparte in Government. 1888, of various Native Ameri- cans; mounted on albumen paper stamped with Prince Bo- naparte’s seal and held in a 161⁄2″ x 14″ tan leather book binding embossed ‘‘Photo- graphic Portraits of North Amer- ican Indians, Prince Roland Bo- naparte.’’ Recd—November 4, 2004. Est. Value—$600. Ar- chives Foreign. First Family ...... Collectable: 8″ x 5″ Steuben His Excellency Sheikh Salem Non-acceptance would cause em- Glass figurine of an elephant Abdullah Al Jaber Al-Sabah, barrassment to donor and U.S. with its trunk raised in the air. Ambassador of the State of Ku- Government. Recd—December 8, 2004. Est. wait and Mrs. Al-Sabah. Value—$1100. Archives For- eign. Abrams, Elliott, Special Assistant Desk accessory: Mont Blanc His Majesty King Abdullah II of Non-acceptance would cause em- to the President and Senior Di- Meisterstuck Solitaire Doue the Hashemite Kingdom of Jor- barrassment to donor and U.S. rector National Security Council. Black Silver Fountain Pen. dan. Government. Recd—March 29, 2004. Est. Value—$425. Government Property. Abrams, Elliott, Special Assistant Desk accessory: Mont Blanc His Highness Sheikh Hamad bin Non-acceptance would cause em- to the President and Senior Di- Hommage a Alexander the Khalifa Al Thani Amir of the barrassment to donor and U.S. rector National Security Council. Great solid gold fountain pen State of Qatar. Government with diamond on clip and 18kt gold nib. Received—March 30, 2004. Est. Value—$5690. Gov- ernment Property. Bartlett, Daniel J., Assistant to the Accessories (5): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- President for Communications. twill neckties. Recd—June 4, President of the Council of Min- barrassment to donor and U.S. 2004. Est. Value—$675. Gov- isters of the Italian Republic. Government. ernment Property. Card, Andrew H., Jr., Assistant to Accessories (5): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- the President and Chief of Staff. twill neckties. Recd—June 4, President of the Council of Min- barrassment to donor and U.S. 2004. Est. Value—$675. Gov- isters of the Italian Republic. Government. ernment Property. Card, Andrew H., Jr., Assistant to Accessories (5): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- the President and Chief of Staff. twill neckties. Recd—December President of the Council of Min- barrassment to donor and U.S. 15, 2004. Est. Value—$675. isters of the Italian Republic. Government. Government Property. Cooper, Cathy, Administrative As- Jewelry (2): matching necklace His Excellency Abdulwahab A. Al- Non-acceptance would cause em- sistant National Security Council. and bracelet sets of silver and Hajjri, Ambassador of the Re- barrassment to donor and U.S. orange stone; one set has public of Yemen. Government. matching ring. Recd—March 29, 2004. Est. Value—$500. Government Property. Frazer, Jendayi, Special Assistant Household: 8′ round leather area His Excellency Jibril Muhammad Non-acceptance would cause em- to the President and Senior Di- rug with a detailed pattern in Aminu, Ambassador of the Fed- barrassment to donor and U.S. rector National Security Council. blue, red, gold and white. eral Republic of Nigeria. Government. Recd—June 1, 2004. Est. Value—$450. Transferred to the General Services Adminis- tration. Fried, Daniel, Special Assistant to Accessories (3): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- the President and Senior Direc- twill neckties. Recd—May 19, President of the Council of Min- barrassment to donor and U.S. tor National Security Council. 2004. Est. Value—$405. Gov- isters of the Italian Republic. Government. ernment Property.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Green, Michael J., Special Assist- Household: 75⁄8″ x 41⁄2″ sterling His Excellency Pervez Musharraf, Non-acceptance would cause em- ant to the President and Senior silver bowl with scalloped rim, President of the Islamic Repub- barrassment to donor and U.S. Director National Security Coun- set with 1″ gold and enamel lic of Pakistan. Government cil. seal of donor. Recd—Decem- ber 14, 2004. Est. Value— $500. Government Property. Hadley, Stephen Deputy Assistant Desk accessory: 101⁄2″ x 11″ x 2″ The Honorable John Dalli, Min- Non-acceptance would cause em- to the President and Deputy Na- sterling silver model sailing ves- ister of Foreign Affairs of the barrassment to donor and U.S. tional Security Advisor. sel, double masted, trimmed Republic of Malta. Government. with three sails, rigging, rudder and anchor mounted on an oval black 9″ x 4″ wood base with silver plaque engraved ‘‘Ministry of Foreign Affairs & Investment Promotion Malta.’’ Recd—May 20, 2004. Est. Value—$450. Government Property. Hadley, Stephen, Deputy Assistant Household: 75⁄8″ × 41⁄2″ silver His Excellency Pervez Musharraf, Non-acceptance would cause em- to the President and Deputy Na- bowl with scalloped rim, set President of the Islamic Repub- barrassment to donor and U.S. tional Security Advisor. with 1″ gold and enamel seal of lic of Pakistan. Government. donor. Recd—December 15, 2004. Est. Value—$500. Gov- ernment Property. McClellan, Scott, Assistant to the Accessories (5): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- President and Press Secretary. twill neckties. Recd-May 19, President of the Council fo Min- barrassment to donor and U.S. 2005 Est. Value—$675. Gov- isters of the Italian Republic. Government. ernment Property. McClellan, Scott, Assistant to the Accessories (5): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- President and Press Secretary. twill neckties. Recd—December President of the Council of Min- barrassment to donor and U.S. 17, 2004. Est. Value—$675. isters of the Italian Republic. Government. Government Property. Miers, Harriet, Assistant to the Household: 10″ x 91⁄2″ Archimede His Excellency Silvio Berlusconi, Non-acceptance would cause em- President and Deputy Chief of Seguso Gold Collection hand- President of the Council of Min- barrassment to donor and U.S. Staff. blown Murano glass melon- isters of the Italian Republic. Government. ribbed vase and cachepot. Recd—May 19, 2004. Est. Value—$850. Government Property. Rice, Condoleezza, Assistant to Accessory: 54″ square Hermes Her Excellency Michele Alliot- Non-acceptance would cause em- the President for National Secu- silk and cashmere scarf in mul- Marie, Minister of Defense and barrassment to donor and U.S. rity Affairs. ticolor rose pattern. Recd—Jan- War Veterans of the French Government. uary 15, 2004. Est. Value— Republic. $760. Government Property. Rice, Condoleezza, Assistant to Household: 61⁄8″ x 21⁄2″ x 31⁄4″ His Highness Igor Ivanov, Minister Non-acceptance would cause em- the President for National Secu- William & Son sterling silver for Foreign Affairs of the Rus- barrassment to donor and U.S. rity Affairs. L’Epee Corniche Standard car- sian Federation and Head of Government. riage clock. Recd—February the Bahrain Defense Force. 13, 2004. Est. Value—$2095. Government Property. Rice, Condoleezza, Assistant to Household: 10″ sterling silver- The Honorable Lakshman Non-acceptance would cause em- the President for National Secu- plate/wall plaque with em- Kadirgamar, P.C., M.P., Min- barrassment to donor and U.S. rity Affairs. bossed design, engraved ‘‘With ister of Foreign Affairs of the Government. compliments from Lakshman Democratic Socialist Republic Kadirgamar Minister of Foreign of Sri Lanka. Affairs Sri Lanka.’’ Recd—May 11, 2004. Est. Value—$350. Government Property. Rice, Condoleezza, Assistant to Hardcover book: 123⁄8″ x 19″ x His Excellency Igor Ivanov, Min- Non-acceptance would cause em- the President for National Secu- 11⁄2″ velvet and leather-bound ister for Foreign Affairs of the barrassment to donor and U.S. rity Affairs. reproduction of the 1797 ‘‘Im- Russian Federation. Government. perial Decree on the Russian Chevalier Orders,’’ issued by L.S. Pavel. Recd—May 15, 2004. Est. Value—$3850. Ar- chives, Staff Gift.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Rice, Condoleezza, Assistant to Household (3): Archimede His Excellency Silvio Berlusconi, Non-acceptance would cause em- the President for National Secu- Seguso Gold Collection hand- President of the Council of Min- barrassment to donor and U.S. rity Affairs. blown Murano glass set (pair of isters of the Italian Republic. Government. 14″ x 5″ candlesticks and a footed 9″ x 10″ fruit compote). Recd—May 19, 2004 Est. Value—$2200 Government Property. Rice, Condoleezza, Assistant to Jewelry: 1⁄2″ x 17⁄8″ 18kt gold His Excellency El Hadj Omar Non-acceptance would cause em- the President for National Secu- mask pendant with emerald and Bongo Ondimba, President of barrassment to donor and U.S. rity Affairs.. diamonds held on a 161⁄2″ gold the Gabonese Republic. Government. wire band. Recd—May 26, 2004. Est. Value—$650. Gov- ernment Property. Rice, Condoleezza, Assistant to Household: 111⁄4″ x 10″ His Excellency Silvio Berlusconi, Non-acceptance would cause em- the President for National Secu- Archimede Seguso Gold Collec- President of the Council of Min- barrassment to donor and U.S. rity Affairs. tion hand-blown Murano glass isters of the Italian Republic. Government. melon-ribbed vase. Recd—June 5, 2004. Est. Value—$850. Government Property. Rice, Condoleezza, Assistant to Accessory: 50″ x 74″ red-orange His Excellency N. Bagabandi, Non-acceptance would cause em- the President for National Secu- Gobi cashmere throw with 4″ President of Mongolia and Mrs. barrassment to donor and U.S. rity Affairs. fringe. Recd—July 19, 2004. A. Oyunbileg. Government. Est. Value—$125. Government Property. Household: 47⁄8″ x 21⁄4″ footed sil- ver bowl with relief design and inset turquoise stones; etched with donor’s name, title and date. Recd—July 19, 2004. Est. Value—$200. Government Property. Rice, Condoleezza, Assistant to Household items (2): 24″ x 65″ His Excellency George A. Non-acceptance would cause em- the President for National Secu- woven pink and black silk Obiozor, Ambassador of the barrassment to donor and U.S. rity Affairs. matching table runners; pattern Federal Republic of Nigeria. Government. is an intricate thread design studded with rhinestones and gold thread accent and 4″ fringe. Recd—July 19, 2004. Est. Value—$500. Government Property. Rice, Condoleezza, Assistant to Desk accessory: Aurora Optima His Excellency Giovanni Non-acceptance would cause em- the President for National Secu- marbled blue (Auroloid) fountain Castellaneta, Diplomatic Advi- barrassment to donor and U.S. rity Affairs. pen with 14kt gold nib, jewel sor to the Prime Minister of the Government. clip and gold-plated trim. Italian Republic. Recd—December 8, 2004. Est. Value—$295. Government Property. Rice, Condoleezza, Assistant to Household: 77″ x 52″ purple, or- His Excellency Kay Rala Xanana Non-acceptance would cause em- the President for National Secu- ange, yellow and black woven Gusmao, President of The barrassment to donor and U.S. rity Affairs. cloth with 71⁄2″ tassels. Recd— Democratic Republic of Timor- Government. December 8, 2004. Est. Leste. Value—$345. Government Property. Rice, Condoleezza, Assistant to Accessories (2): 35″ square E. His Excellency Silvio Berlusconi, Non-acceptance would cause em- the President for National Secu- Marinella silk scarf in peach, President of the Council of Min- barrassment to donor and U.S. rity Affairs. brown and blue pattern; and an isters of the Italian Republic. Government. 181⁄2″ x 68″ wool and silk blend shawl in various colors. Recd— December 15, 2004. Est. Value—$587. Government Property. Rice, Condoleezza, Assistant to Jewelry: pair of 18kt yellow gold His Excellency Silvio Berlusconi, Non-acceptance would cause em- the President for National Secu- Damiani twisted coil earrings President of the Council of Min- barrassment to donor and U.S. rity Affairs. with diamonds. Recd—Decem- isters of the Italian Republic. Government. ber 15, 2004. Est. Value— $2550. Archives, Staff Gift.

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AGENCY: WHITE HOUSE OFFICE AND THE NATIONAL SECURITY COUNCIL—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Jewelry: 18kt yellow gold and dia- mond Damiani necklace in swirl design, Recd—December 15, 2004. Est. Value—$6000 Ar- chives, Staff Gift. Rice, Condoleezza, Assistant to Household: 201⁄2″ x 16″ yellow His Excellency Zine El Abidine Non-acceptance would cause em- the President for National Secu- and black ottoman-style leather Ben Ali, President of the Re- barrassment to donor and U.S. rity Affairs. chest with hinged lid; padded public of Tunisia. Government. interior with a two-tiered leather lined wood tray. Recd—Decem- ber 17, 2004. Est. Value— $280. Government Property. Consumables: approximately 10 pounds of dates. Recd—De- cember 17, 2004. Est. Value— $60. Handled pursuant to Se- cret Service policy. Rice, Condoleezza, Assistant to Household (3): 23⁄4″ x 2″ silver Their Majesties King Abdullah II Non-acceptance would cause em- the President for National Secu- urns in the style of ancient pot- and Queen Rania al Abdullah barrassment to donor and U.S. rity Affairs. tery. Recd—December 22, of the Hashemite Kingdom of Government. 2004. Est. Value—$250. Gov- Jordan. ernment Property. Jewelry: 21⁄4″ round silver and tur- quoise pin. Recd—December 22, 2004. Est. Value—$75. Government Property. Miscellaneous: bound notebook with silver page marker. Recd— December 22, 2004 Est. Value—$32 Government Prop- erty. Rove, Karl, Senior Advisor to the Accessories (4): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- President. twill neckties. Recd—June 4, President of the Council of Min- barrassment to donor and U.S. 2004. Est. Value—$540. Gov- isters of the Italian Republic. Government. ernment Property. Volker, Kurt, Director for NATO Accessories (4): E. Marinella silk His Excellency Silvio Berlusconi, Non-acceptance would cause em- and Western European Affairs twill neckties. Recd—June 4, President of the Council of Min- barrassment to donor and U.S. National Security Council. 2004. Est. Value—$540. Gov- isters of the Italian Republic. Government. ernment Property.

AGENCY: OFFICE OF THE VICE PRESIDENT [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Vice President ...... Chopard ‘‘Happy Day’’ clock. His Excellency Joseph Deiss, Non-acceptance would cause em- Recd—January 24, 2004. Est. President of the Swiss Confed- barrassment to donor and U.S. Value—$465. Archives Foreign. eration. Government. Vice President ...... Eleven E. Marinella silk neckties. His Excellency Silvio Berlusconi, Non-acceptance would cause em- Recd—January 26, 2004. Est. President of the Council of Min- barrassment to donor and U.S. Value—$1,485. Archives For- isters of the Italian Republic. Government. eign. One E. Marinella silk necktie. Recd—January 26, 2004. Est. Value—$135. Archives Foreign. Vice President and Mrs. Cheney ... Fruit compote, two candle sticks, His Excellency Silvio Berlusconi, Non-acceptance would cause em- and large bowl of gold Murano President of the Council of Min- barrassment to donor and U.S. glass signed by the artist, isters of the Italian Republic. Government. Archimede Seguso. Recd—Jan- uary 26, 2004. Est. Value— $750. Archives Foreign.

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AGENCY: OFFICE OF THE VICE PRESIDENT—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Mrs. Cheney ...... Woman’s silver necklace by His Excellency Silvio Berlusconi, Non-acceptance would cause em- Damiani with gray pearls and President of the Council of Min- barrassment to donor and U.S. diamond centerpiece. Recd— isters of the Italian Republic. Government. January 26, 2004. Est. Value— $2000. Archives Foreign. Vice President ...... Mantel clock of silver and marble His Highness Shaikh Salman Bin Non-acceptance would cause em- Recd—February 9, 2004. Est. Hamad Al Khalifa, Crown barrassment to donor and U.S. Value—$1500. Archives For- Prince and Commander in Government. eign. Chief of the Bahrain Defense Force. Vice President ...... Hand knotted wool pile rug in red, His Excellency Zine El Abidine Non-acceptance would cause em- dark blue, green, turquoise and Ben Ali, President of the Re- barrassment to donor and U.S. cream. A central red ground public of Tunisia. Government. medallion with scattered geo- metric patterns, approximately 8’’ x 10’’. Recd—February 18, 2004. Est. Value—$3600. Ar- chives Foreign. Vice President ...... Out of print copy limited issue of, His Excellency Zeng Qinghong, Non-acceptance would cause em- The Art of War by Golden Vice President of the People’s barrassment to donor and U.S. Treasure Books (Xiyuan Pub- Republic of China. Government. lishing House) presented in an ornate dark wooden box. In- cludes a silver chop (seal) in clear acrylic box. Recd—April 14, 2004. Est. Value—$3600. Archives Foreign. Book entitled, Selected Porcelain of the Flourishing Qing Dynasty at the Palace Museum, by For- bidden City Publishing House. Recd—April 14, 2004. Est. Value—$44. Archives Foreign. Mrs. Cheney ...... Chinese silk material in shades of His Excellency Zeng Qinghong, Non-acceptance would cause em- yellow, orange and lime green. Vice President of the People’s barrassment to donor and U.S. Approximately 3.5 yards. Republic of China. Government. Recd—April 14, 2004. Est. Value—$105. Archives Foreign. Vice President...... Paskche gilt-on-bronze incense His Excellency Goh Kun, Acting Non-acceptance would cause em- burner; reproduction of national President and Prime Minister barrassment to donor and U.S. treasure housed in the Puyo Republic of Korea. Government. National Museum. Recd—April 15, 2004. Est. Value—$450. Ar- chives Foreign. Vice President...... Mont Blanc pen set; silver with His Majesty King Abdullah II bin al Non-acceptance would cause em- blue stone, engraved with Jor- Hussein of the Hashemite King- barrassment to donor and U.S. danian coat of arms. Recd— dom of Jordan. Government. May 6, 2004. Est. Value—$450. Archives Foreign. Vice President ...... Sterling silver sword. Recd—June His Excellency Ali Abdullah Saleh, Non-acceptance would cause em- 8, 2004. Est. Value—$500. Ar- President of the Republic of barrassment to donor and U.S. chives Foreign. Yemen. Government. Vice President ...... 18K white gold cufflinks with Ara- His Majesty King Abdullah II bin al Non-acceptance would cause em- bic lettering symbolizing good Hussein of the Hashemite King- barrassment to donor and U.S. fortune and health. Recd—June dom of Jordan. Government. 15, 2004. Est. Value—$400. Ar- chives Foreign. Vice President ...... Sterling silver incense burner on His Excellency Maqbool Bin Ali Non-acceptance would cause em- silver and sodalite tray. Recd— Sultan, Minister of Commerce barrassment to donor and U.S. July 7, 2004. Est. Value— and Industry Oman. Government. $1500. Archives Foreign. Vice President ...... Beige cashmere sweater, made in His Excellency Natsagiin Non-acceptance would cause em- Mongolia, size XL. Recd—July Bagabandi. President of Mon- barrassment to donor and U.S. 20, 2004. Est. Value—$297. Ar- golia. Government. chives Foreign.

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AGENCY: OFFICE OF THE VICE PRESIDENT—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Vice President and Mrs. Cheney ... Hand-made, sculpted crystal ele- His Excellency Salem Abdallah Non-acceptance would cause em- phant by Daum. Recd—Decem- Al-Jabir Al-Sabah and Mrs. barrassment to donor and U.S. ber 6, 2004. Est. Value—$725. Rima Al-Sabah, Embassy of Government. Archives Foreign. Kuwait. Vice President ...... Six E. Marinella men’s neckties. His Excellency Silvio Berlusconi, Non-acceptance would cause em- Recd—May 20, 2004. Est. President of the Council of Min- barrassment to donor and U.S. Value—$810. Archives Foreign. isters of the Italian Republic. Government. Vice President ...... Sterling silver bowl and lid deco- His Excellency Recep Tayyip Non-acceptance would cause em- rated with repousse and en- Erdogan, Prime Minister of the barrassment to donor and U.S. graving in a floral design. Republic of Turkey. Government. Recd—January 28, 2004. Est. Value—$350. Archives Foreign. Vice President and Mrs. Cheney ... Limoges plate with gold trim, ma- His Majesty King Abdullah II bin al Non-acceptance would cause em- roon and ivory design with Ara- Hussein of the Hashemite King- barrassment to donor and U.S. bic inscription and a wooden dom of Jordan.. Government. plate stand. Recd—August 23, 2004. Est. Value—$200. Ar- chives Foreign. Pottery vanity set: black hand towel holder and soap dish with three embroidered hand towels. Recd—August 23, 2004. Est. Value—$166. Archives Foreign. Two pottery containers with wick- er tops for holding herbs. Meas- ures 5″ x 3″. Recd—August 23, 2004. Est. Value—$50. Ar- chives Foreign. Six-inch square wooden box with floral stone mosaic cover for herb storage. Recd—August 23, 2004. Est. Value—$29. Ar- chives Foreign. Pottery incense burner and box. Recd—August 23, 2004. Est. Value—$30. Archives Foreign. Six blue tea glasses with gold trim. Recd—August 23, 2004. Est. Value—$42. Archives For- eign. Six-inch square silk pillow with gold tassels. Recd—August 23, 2004. Est. Value—$29. Ar- chives Foreign. CD of Jordanian music by Sakher Hattan. Recd—August 23, 2004. Est. Value—$15. Ar- chives Foreign. Four scented pillar candles, 4″ high. Recd—August 23, 2004. Est. Value—$36. Handled pur- suant to Secret Service policy. Vice President ...... Wood and brass presentation box His Excellency Wen Jiabao, Pre- Non-acceptance would cause em- containing bronze reproduction mier of the People’s Republic of barrassment to donor and U.S. of ‘‘Ding’’ pot, representing China. Government. power, prosperity and peace. Recd—January 6, 2004. Est. Value—$500. Archives Foreign. Vice President ...... Framed oil painting of St. George His Excellency Solomon Passy, Non-acceptance would cause em- slaying a dragon, Bulgarian Minister of Foreign Affairs of barrassment to donor and U.S. style with gold leaf work. the Republic of Bulgaria. Government. Recd—February 26, 2004. Est. Value—$200. Archives Foreign.

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AGENCY: OFFICE OF THE VICE PRESIDENT—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Gold medallion commemorating the 100th Anniversary of the establishment of diplomatic re- lations between the U.S. and Bulgaria. Recd—February 26, 2004. Est. Value—$250. Ar- chives Foreign. Vice President and Mrs. Cheney ... Wool on cotton carpet measuring His Excellency Hamid Karzai, Non-acceptance would cause em- 77″; by 61″, rust background, President of Afghanistan. barrassment to donor and U.S. with cruciform stylized foliate Government. medallion, three borders. Recd—December 7, 2004. Est. Value—$1,000. Archives For- eign. Wool on cotton carpet measuring 78″ by 57″, yellow background with red, tan, and green stylized floral decoration, four borders. Recd—December 7, 2004. Est. Value—$1000. Archives For- eign. Embroidered beige cotton table- cloth with twelve napkins. Recd—December 7, 2004. Est. Value—$150. Archives Foreign. Vice President...... Framed silver plaque with re- His Excellency Phanthong Non-acceptance would cause em- pousse decoration of a temple Phommahaxay, Ambassador of barrassment to donor and U.S. scene with an elephant and the Lao People’s Democratic Government. oxen pulling a cart. Recd—De- Republic. cember 17, 2004. Est. Value— $225. Archives Foreign. Polychrome woven silk sash, measuring 80″ by 15.″ Recd— December 17, 2004. Est. Value—$200. Archives Foreign. Vice President and Mrs. Cheney ... Twenty-one medals, gold plated His Holiness John Paul, II, The Non-acceptance would cause em- on brass, depicting the Mys- Holy See. barrassment to donor and U.S. teries of the Rosary, with a Government. large central medal of the Ma- donna. Small medals measure 1.75″ in diameter. Medals are displayed in a sealed plexi- glass case. Recd—January 27, 2004. Est. Value—$627. Ar- chives Foreign. Mrs. Cheney ...... Silver rosary with mother-of-pearl His Holiness John Paul, II, The Non-acceptance would cause em- beads, blessed by Pope John Holy See. barrassment to donor and U.S. Paul II. Recd—January 27, Government. 2004. Est. Value—$75. Re- tained (souvenir or mark of courtesy).

AGENCY: DEPARTMENT OF STATE [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Colin L. Powell, The Secretary of Ottoman, two color leather, 20th Ben An, President of the Govern- Non-acceptance would cause the State of the United States. century. Date Received: 1/13/ ment of Tunisia. donor or the U.S. Government 2004. Estimated Value: embarrassment. $350.00. Disposition: Pending transfer to the General Service Administration.

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AGENCY: DEPARTMENT OF STATE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Colin L. Powell, The Secretary of Painting, watercolor and mixed Eduard Shevardnadze, President Non-acceptance would cause the State of the United States. media, 21″ x 261⁄2″, Tbilisi, by of Georgia. donor or the U.S. Government Gega Kutateladze, 2003, embarrassment. framed $250, bottle of wine in silver plated overlay bottle $100. Date Received: 1/25/ 2004. Estimated Value: $350.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Carpet, 931⁄2″ x 621⁄2″, black Field Marshall Hussein Tantawi, Non-acceptance would cause the State of the United States. background with ‘King Tut.’ Commander in Chief of the donor or the U.S. Government Date Received: 2/3/2004. Esti- Egyptian Armed Forces, Egypt. embarrassment. mated Value: $400.00. Disposi- tion: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Carriage clock, silver plate and Shaykh Salman bin Hamad bin Non-acceptance would cause the State of the United States. enamel, by William & Son Isa Al Khalifa, Crown Prince of donor or the U.S. Government $2,000, pair cufflinks sterling the Kingdom of Bahrain. embarrassment. silver and enamel $250. Date Received: 2/9/2004. Estimated Value: $2,250.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Rosewater bottle and incense His Excellency Zine El-Abidine Non-acceptance would cause the State of the United States. burner, silver filigree, late 20th Ben Ali President of the Repub- donor or the U.S. Government century, 34ozsT. Date Re- lic of Tunisia. embarrassment. ceived: 2/17/2004. Estimated Value: $1,000.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Bowl, 81⁄4″L x 43⁄8″H, cut crystal, Laila Freivalds, Foreign Minister, Non-acceptance would cause the State of the United States. ‘‘Tornado’’ by Orrefors, 20th Sweden. donor or the U.S. Government century. Date Received: 2/17/ embarrassment. 2004. Estimated Value: $300.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Vase, 181⁄8″H, marquetry of var- Hamid Karzai, President of the Non-acceptance would cause the State of the United States. ious semiprecious stones in- Transitional Islamic State of Af- donor or the U.S. Government cluding lapis lazuli, jasper, sard ghanistan. embarrassment. and agate. Date Received: 3/ 11/2004. Estimated Value: $1,250.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Rugs, 36″ x 231⁄2″, wool on cot- Mohammedmian Soomro, Chair- Non-acceptance would cause the State of the United States. ton, hand woven $300, 2 man of the Senate, Pakistan. donor or the U.S. Government shawls with silk embroidery embarrassment. $130. Date Received: 3/17/ 2004. Estimated Value: $430.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Roll top butter dish, 7″ diameter, Pervez Musharraf, President of Non-acceptance would cause the State of the United States. repoussed and chased silver, the Islamic Republic of Pakistan. donor or the U.S. Government set with 4 lapis lazuli embarrassment. cabochons and 8 turquoise cabochons 7mm x 6mm, 20th century. Date Received: 3/18/ 2004. Estimated Value: $450.00. Disposition: Pending transfer to the General Services Administration.

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AGENCY: DEPARTMENT OF STATE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Colin L. Powell, The Secretary of Pair cufflinks 18 karat yellow gold Sheikh Jabir al-Ahmad Al Sabah, Non-acceptance would cause the State of the United States. each set with 5 round diamonds Emir of the State of Kuwait. donor or the U.S. Government TW 16 points both Chopard embarrassment. ($1800), Wristwatch mans 18 karat yellow gold case with date Chopard 1026 924–2248 black alligator strap ($8,100). Date Received: 3/20/2004. Estimated Value: $9,900.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Brown leather attache´ case Sheikh Jabir al-Ahmad Al Sabah, Non-acceptance would cause the State of the United States. ($450), belt frontispiece 18 Emir of the State of Kuwait. donor or the U.S. Government karat yellow gold chain mail embarrassment. 9ozsT ($4,000), ring 18 karat yellow gold set with 5 round diamonds TW 8 points Chopard ($2,000). Date Received: 3/20/ 2004. Estimated Value: $6,450.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Desk set, leather, by Dacoma. Mircea Dan Geoana, Foreign Min- Non-acceptance would cause the State of the United States. Date Received: 4/15/2004. Esti- ister of Romania as part of the donor or the U.S. Government mated Value: $650.00. Disposi- Social Democratic Party. embarrassment. tion: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Desk set, sterling silver and slag Franco Frattini, Minister of For- Non-acceptance would cause the State of the United States. glass, four open boxes. Date eign Affairs of the Italian Re- donor or the U.S. Government Received: 4/20/2004. Estimated public, Italy. embarrassment. Value: $550.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Pen, platinum plated metal, with Shaikh Hamad bin Jasim bin Jabir Non-acceptance would cause the State of the United States. watch in handle, Cartier ‘‘Stylo Al Thani, Minister of Foreign Af- donor or the U.S. Government d’Exception’’, #180/2000, fairs of the State of Qatar. embarrassment. boxed. Date Received: 4/27/ 2004. Estimated Value: $750.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Desk set, sterling silver and moth- King Abdullah II Bin al Hussein, Non-acceptance would cause the State of the United States. er of pearl, letter opener and King of the Hashemite Kingdom donor or the U.S. Government magnifying glass, 20th century. of the Jordan. embarrassment. Date Received: 5/6/2004. Esti- mated Value: $350.00. Disposi- tion: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Charger, 12″ diameter, sterling sil- Lakshman Kadirgamar, Minister, Non-acceptance would cause the State of the United States. ver repousse, 20th century, Government of Sri Lanka. donor or the U.S. Government 17ozsT. Date Received: 5/12/ embarrassment. 2004. Estimated Value: $350.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Sculpture, 11″H, sterling silver, John Dalli, Minister of Finance Non-acceptance would cause the State of the United States. traditional luzzu sailboat, late and Economic Affairs, Malta. donor or the U.S. Government 20th century. Date Received: 5/ embarrassment. 20/2004. Estimated Value: $2,000.00. Disposition: Pending transfer to the General Services Administration.

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AGENCY: DEPARTMENT OF STATE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Colin L. Powell, The Secretary of Sculpture, 11″H, sterling silver, Patricio Zuquilanda Duque, Min- Non-acceptance would cause the State of the United States. sailboat, late 20th century. Date ister of Foreign Relations, Ec- donor or the U.S. Government Received: 5/22/2004. Estimated uador. embarrassment. Value: $2,000.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Briefcase, tan leather $150, Book, Patricio Zuquilanda Duque, Min- Non-acceptance would cause the State of the United States. Artistas Plasticos del Ecuador ister of Foreign Relations, Ec- donor or the U.S. Government $45, Sculpture of a bird, sterling uador. embarrassment. silver 12 oz $240. Date Re- ceived: 6/7/2004. Estimated Value: $435.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Cufflinks, 18 karat yellow gold, Gyude Bryant, Chairman of the Non-acceptance would cause the State of the United States. with Liberian insignia Date Re- National Transitional Govern- donor or the U.S. Government ceived: 6/11/2004. Estimated ment, Liberia. embarrassment. Value: $750.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Carpet, 6′6″ x 9′9″, wool on wool, Hamid Karzai, President of the Non-acceptance would cause the State of the United States. Bokhara design. Date Re- Transitional Islamic State of Af- donor or the U.S. Government ceived: 6/15/2004. Estimated ghanistan. embarrassment. Value: $2,500.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Bowl, burlwood with silver mounts His Excellency Natsagiyn Non-acceptance would cause the State of the United States. set with turquoise cabochons 6 Bagabandi, President of Mon- donor or the U.S. Government mm. $250, together with a ‘‘V’’ golia. embarrassment. neck maroon cashmere sweater XL $350. Date Received: 7/4/ 2004. Estimated Value: $600.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Jewelry, woman’s, 18 karat white Aziz-Jeddah, Kingdom of Saudi Non-acceptance would cause the State of the United States. gold set with diamonds, Bulgari Arabia. donor or the U.S. Government Necklace set with 64 round dia- embarrassment. monds TW 6.4 carats, ring set with 6 round diamonds TW 60 points, pair diamonds TW 1.2 both. Date Received: 7/28/ 2004. Estimated Value: $24,500.00. Disposition: Pend- ing transfer to the General Services Administration. Colin L. Powell, The Secretary of Coffee pot, 9 5/8″H, sterling silver Prince Faisal, Government of Non-acceptance would cause the State of the United States. with gold wash, 16ozsT. Date Saudi Arabia. donor or the U.S. Government Received: 7/28/2004. Estimated embarrassment. Value: $400.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Sculpture, 7″H x 93⁄4″L, 18 karat Aziz-Jeddah, Kingdom of Saudi Non-acceptance would cause the State of the United States. yellow gold oasis scene with Arabia. donor or the U.S. Government two camels, two figures, tent embarrassment. and palm trees, stone base, fitted case. Date Received: 7/ 28/2004. Estimated Value: $8,500.00. Disposition: Pending transfer to the General Services Administration.

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AGENCY: DEPARTMENT OF STATE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Colin L. Powell, The Secretary of Books, 2 volumes, ‘‘Journal d’un Nicolas Sarkozy, Minister, Gov- Non-acceptance would cause the State of the United States. Voyage fait dans I’lnterieur de ernment of France. donor or the U.S. Government I’Amerique Septentrionale’’, embarrassment. Villette, 1793. Date Received: 10/1/2004. Estimated Value: $900.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Book, China History Culture Li Zhaoxing, Minister of Foreign Non-acceptance would cause the State of the United States. Treasure $225, ten compact Affairs of the People’s Republic donor or the U.S. Government disks of Chinese folk music, of China. embarrassment. $150. Date Received: 10/1/ 2004. Estimated Value: $375.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Oil painting on canvas of purple Dr. Keith C. Mitchell, Prime Min- Non-acceptance would cause the State of the United States. flower with green background ister of Grenada. donor or the U.S. Government entitled ‘‘Flamboyant Nation’’ by embarrassment. artist Roger Brathwaite. Date Received: 10/5/2004. Estimated Value: $600.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Bottle of wine, Madeira from the Honorable Volodymyr Lytvyn, Non-acceptance would cause the State of the United States. Masandra cellar, 1937. Date Speaker of the Verhovna Rada, donor or the U.S. Government Received: 11/15/2004. Esti- Ukraine. embarrassment. mated Value: $250.00. Disposi- tion: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Replica Sword, 421⁄2″L overall, Honorable Volodymyr Lytvyn, Non-acceptance would cause the State of the United States. brass sheathed scabbard and Speaker of the Verhovna Rada, donor or the U.S. Government hilt, engraved blade. Date Re- Ukraine. embarrassment. ceived: 11/15/2004. Estimated Value: $200.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Double tear jar, 21⁄2″H with later Ariel Sharon, Prime Minister of Non-acceptance would cause the State of the United States. silver mounts, Roman Period Israel. donor or the U.S. Government 63 BCE–330 CE, fitted case. embarrassment. Date Received: 11/22/2004. Es- timated Value: $300.00. Dis- position: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Figure, 71⁄4″H, Waterford crystal Salem Al-Sabah, Ambassador of Non-acceptance would cause the State of the United States. eagle with spread wings, Ire- the state of Kuwait and Mrs. donor or the U.S. Government land, 20th/21st century. Date Salem. embarrassment. Received: 12/7/2004. Estimated Value: $400.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Cufflinks, 9 karat yellow gold, Karel De Gucht, Foreign Minister, Non-acceptance would cause the State of the United States. each a blue enamel oval with Belgium. donor or the U.S. Government Belgian coat of Arms. Date Re- embarrassment. ceived: 12/8/2004. Estimated Value: $375.00. Disposition: Pending transfer to the General Services Administration. Colin L. Powell, The Secretary of Ottoman, two color leather, 20th Ben AN, President of the Govern- Non-acceptance would cause the State of the United States. century. Date Received: 12/16/ ment of Tunisia. donor or the U.S. Government 2004. Estimated Value: embarrassment. $350.00. Disposition: Pending transfer to the General Services Administration.

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AGENCY: DEPARTMENT OF STATE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Colin L. Powell, The Secretary of Four bottles of Olive oil, chocolate King Abdullah II bin al Hussein Non-acceptance would cause the State of the United States. assortment, olive oil and thyme, and Queen Rania, King and donor or the U.S. Government wood box containing two can- Queen, Jordan. embarrassment. dles, two small notebooks, pendant, two jars of candies, 3 silver plates, miniature vessels, Rosenthal Porcelain plate 81⁄2″ square 2004–5. Date Received: 12/16/2004. Estimated Value: $1,850.00. Disposition: Pending transfer to the General Services Administration. Mary Masserini, Protocol Officer— Watch—Ladies Maurice La Croix: Shaikh Salman Bin Hamad Al- Non-acceptance would cause the U.S. Department of State. Stainless steel model MM013– Khalifa, Crown Prince and donor or the U.S. Government SS002–310 Date Received: 2/ Commander-in-Chief of the embarrassment. 25/2004. Over Minimum Value. Bahrain Defense Force, Bah- Disposition: Pending transfer to rain. the General Services Adminis- tration. William J. Burns, Assistant Sec- Cufflinks—sterling silver and Me- Shaikh Salman Bin Hamad Al- Non-acceptance would cause the retary of State. dallion—gold plated 4″ diame- Khalifa, Crown Prince and donor or the U.S. Government ter. Date Received: 2/12/2004. Commander-in-Chief of the embarrassment. Over Minimum Value. Disposi- Bahrain Defense Force, Bah- tion: Pending transfer to the rain. General Services Administration. Francis X. Taylor, Assistant Sec- Gold Inlaid Statue. Date Re- Mohamed Al-Nassr, Security At- Non-acceptance would cause the retary of State for Diplomatic Se- ceived: 6/29/2004. Over Min- tache´, Embassy of Qatar. donor or the U.S. Government curity. imum Value. Disposition: Pend- embarrassment. ing transfer to the General Services Administration. Kenneth D. Ward, Deputy to the Swiss Omade Rado wristwatch Abdullah Senoussi, Government Non-acceptance would cause the Senior Weapons of Mass De- Date Received: 9/19/2004. Official, Ministry of Foreign Af- donor or the U.S. Government struction Representative, Libya. Over Minimum Value. Disposi- fairs, Libya. embarrassment. tion: Pending transfer to the General Services Administration. Marcelle M. Wahba, U.S. Ambas- 18 kt gold necklace, bracelet, Sheikh Saqr bin Muhammad al Non-acceptance would cause the sador to the United Arab Emir- ring, and earrings (Damas). Qasimi, Ruler of Ras al- donor or the U.S. Government ates. Date Received: 6/1/2004. Over Khaimah, United Arab Emirates. embarrassment. Minimum Value. Disposition: Pending transfer to the General Services Administration. Marcelle M. Wahba, U.S. Ambas- 22 kt. rose gold ring with dia- Shaykha Saif, Wife of Shaykha Non-acceptance would cause the sador to the United Arab Emir- monds (Giovanni Ferraris). Sultan bin Khalifa, Member of donor or the U.S. Government ates. Date Received: 6/7/2004. Over the Executive Council and embarrassment. Minimum Value. Disposition: Chairman of the Abu Dhabi Pending transfer to the General Crown Prince’s Office, United Services Administration. Arab Emirates. Richard L. Baltimore, III, Ambas- Carpet—3 x 5. Date Received: 5/ Yahya, Yahya, Business/PR Di- Non-acceptance would cause the sador. 8/2004. Estimated Value: rector, Saudi bin Laden Con- donor or the U.S. Government $1,235.00. Disposition: Pending struction, Saudi Arabia. embarrassment. transfer to the General Services Administration. Tracey Ann Jacobson, U.S. Am- Gold necklace and earrings. Date Huda Al Midfa, Wife of United Non-acceptance would cause the bassador to Turkmenistan. Received: 8/27/2004. Over Min- Arab Emirates Ambassador donor or the U.S. Government imum Value. Disposition: Pend- Hassan Abdullah Al Adhab, embarrassment. ing transfer to the General United Arab Emirates. Services Administration. Tracey Ann Jacobson, U.S. Am- Gold watch Date Received: 10/20/ Saparmurat Niyazov, President of Non-acceptance would cause the bassador to Turkmenistan. 2004. Over Minimum Value. Turkmenistan. donor or the U.S. Government Disposition: Pending transfer to embarrassment. the General Services Adminis- tration.

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AGENCY: DEPARTMENT OF DEFENSE [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

The Honorable Donald H. Rums- Gold Bracelet and Silver Lamp. Field Marshal Mohamed Hussein Non-acceptance would have feld, Secretary of Defense. Date Received: 1/20/2004. Est. Tantawi, Commander in Chief caused embarrassment to Value: $180.00 and $250.00, of the Armed Forces, Minister donor and U.S. Government. respectively. Total Value: of Defense and Military Produc- $430.00. Disposition: Trans- tion of the Arab Republic of ferred to General Services Ad- Egypt. ministration. The Honorable Donald H. Rums- Clock and Cuff Links. Date Re- His Highness Prince Salman bin Non-acceptance would have feld, Secretary of Defense. ceived: 2/18/2004. Est. Value: Hamad Al-Khalifa, The Crown caused embarrassment to $270.00 and $100.00, respec- Prince and Commander, Bah- donor and U.S. Government. tively. Total Value: $370.00. rain Defense Force, Kingdom of Disposition: Transferred to Gen- Bahrain. eral Services Administration. The Honorable Donald H. Rums- Marble Flower Vase. Date Re- His Excellency Hamid Karzai, Non-acceptance would have feld, Secretary of Defense. ceived: 2/23/2004. Est. Value: President of the Islamic State of caused embarrassment to $400.00. Disposition: Trans- Afghanistan. donor and U.S. Government. ferred to General Services Ad- ministration. The Honorable Donald H. Rums- Sword and Shawl. Date Received: His Excellency Kadir Gulamov, Non-acceptance would have feld, Secretary of Defense. 2/24/2004. Est. Value: $250.00 Minister of Defense of the Re- caused embarrassment to and $65.00, respectively. Total public of Uzbekistan. donor and U.S. Government. Value: $315.00. Disposition: Transferred to General Services Administration. The Honorable Donald H. Rums- Medallion, Book of Mosaics and a His Excellency Dali Jazi, Minister Non-acceptance would have feld, Secretary of Defense. Mosaic. Date Received: 3/15/ of Defense of the Republic of caused embarrassment to 2004. Est. Value: $50.00, Tunisia. donor and U.S. Government. $59.00 and $1,000.00, respec- tively. Total Value: $1,109.00. Disposition: Transferred to Gen- eral Services Administration. The Honorable Donald H. Rums- Plaque, Caviar, Carpet and Tea His Excellency Safar Abiyev, Min- Non-acceptance would have feld, Secretary of Defense. Set. Date Received: 3/26/2004. ister of Defense of the Republic caused embarrassment to Est. Value: $20.00, $300.00, of Azerbaijan. donor and U.S. Government. $1,200.00 and $225.00. Total Value: $1,745.00. Disposition: Transferred to General Services Administration. The Honorable Donald H. Rums- Saber and Model Ship. Date Re- His Excellency Sheikh Jabir Mu- Non-acceptance would have feld, Secretary of Defense. ceived: 3/31/2004. Est. Value: barak al-Hamad Al-Sabah, Dep- caused embarrassment to $640.00 and $1,000.00, respec- uty Prime Minister and Minister donor and U.S. Government. tively. Total Value: $1,640.00. of Defense of the State of Ku- Disposition: Transferred to Gen- wait. eral Services Administration. The Honorable Donald H. Rums- Ceramic Desk Set Date Received: His Excellency Jose Bono Mar- Non-acceptance would have feld, Secretary of Defense. 5/27/2004. Est. Value: $390.00. tinez, Minister of Defense, caused embarrassment to Disposition: Transferred to Gen- Spain. donor and U.S. Government. eral Services Administration. The Honorable Donald H. Rums- Silver Cuff Links and Gold Stick- His Majesty King Abdullah bin al- Non-acceptance would have feld, Secretary of Defense. pin. Date Received: 6/20/2004. Hussein, King of The caused embarrassment to Est. Value: $260.00 and Hashemite Kingdom of Jordan. donor and U.S. Government. $40.00, respectively. Total Value: $300.00. Disposition: Transferred to General Services Administration.. The Honorable Donald H. Rums- Glass Sword and Wood Carving His Excellency Victor Gaiciuc, Non-acceptance would have feld, Secretary of Defense. of Grapes Plaque. Date Re- Minister of Defense of the Re- caused embarrassment to ceived: 6/26/2004. Est. Value: public of Moldova. donor and U.S. Government. $25.00, $250.00 and $65.00, respectively. Total Value: $340.00. Disposition: Trans- ferred to General Services Ad- ministration.

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AGENCY: DEPARTMENT OF DEFENSE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

The Honorable Donald H. Rums- 3′ Sword with Wall Mount and His Excellency Soren Gade, Min- Non-acceptance would have feld, Secretary of Defense. Book of Fairy Tales. Date Re- ister of Defense, Denmark. caused embarrassment to ceived: 8/9/2004. Est. Value: donor and U.S. Government. $1,250.00 and $50.00, respec- tively. Total Value: $1,300.00. Disposition: Transferred to Gen- eral Services Administration. The Honorable Donald H. Rums- Desk Clock Mounted on a Crys- His Excellency Marek Belka, Non-acceptance would have feld, Secretary of Defense. talline. Date Received: 8/9/ Prime Minister, Poland. caused embarrassment to 2004. Est. Value: $360.00. Dis- donor and U.S. Government. position: Transferred to General Services Administration. The Honorable Donald H. Rums- Handcrafted Lapis Metal Box. His Excellency Hamid Karzai, Non-acceptance would have feld, Secretary of Defense. Date Received: 8/11/2004. Est. President of the Islamic State of caused embarrassment to Value: $325.00. Disposition: Afghanistan. donor and U.S. Government. Transferred to General Services Administration. The Honorable Donald H. Rums- Bottle of Wine, Lavadia Rose His Excellency Leonid Kuchma, Non-acceptance would have feld, Secretary of Defense. Muscat and a Bottle of Wine, President, Ukraine. caused embarrassment to Massandra. Date Received: 8/ donor and U.S. Government. 13/2004. Est. Value: $600.00 and $600.00, respectively. Total Value: $1,200.00. Disposition: Transferred to General Services Administration. The Honorable Donald H. Rums- Bottle of Wine, 1954 and Framed His Excellency Yevhan Marchuk, Non-acceptance would have feld, Secretary of Defense. Coin Set. Date Received: 8/14/ Minister of Defense, Ukraine. caused embarrassment to 2004. Est. Value: $190.00 and donor and U.S. Government. $260.00, respectively. Total Value: $450.00. Disposition: Transferred to General Services Administration. The Honorable Donald H. Rums- Large Silver Palm Tree in Glass His Excellency Iyad Allawi, Prime Non-acceptance would have feld, Secretary of Defense. Case. Date Received: 10/10/ Minister of the Interim Govern- caused embarrassment to 2004. Est. Value: $350.00. Dis- ment of Iraq. donor and U.S. Government. position: Transferred to General Services Administration. The Honorable Donald H. Rums- Icon of Jesus. Date Received: 10/ His Excellency Branko Non-acceptance would have feld, Secretary of Defense. 11/2004. Est. Value: $600.00. Crvenkovski, President of the caused embarrassment to Disposition: Transferred to Gen- Former Yugoslavia Republic of donor and U.S. Government. eral Services Administration. Macedonia. The Honorable Donald H. Rums- Framed Picture, Titled ‘‘Weeds His Excellency Yoon Kwang- Non-acceptance would have feld, Secretary of Defense. and Insects,’’ 60″ x 14″. Date woong, Minister of National De- caused embarrassment to Received: 10/22/2004. Est. fense, Republic of Korea. donor and U.S. Government. Value: $380.00. Disposition: Transferred to General Services Administration. The Honorable Donald H. Rums- Rug, 9′ x 10′. Date Received: 12/ His Excellency Hamid Karzai, Non-acceptance would have feld, Secretary of Defense. 9/2004. Est. Value: $320.00. President of the Islamic State of caused embarrassment to Disposition: Transferred to Gen- Afghanistan. donor and U.S. Government. eral Services Administration. The Honorable Donald H. Rums- 5 Jars of Caspian Caviar and His Excellency Safar Abiyev, Min- Non-acceptance would have feld, Secretary of Defense. Glass Decanter of Brandy. Date ister of Defense of the Republic caused embarrassment to Received: 12/11/2004. Est. of Azerbaijan. donor and U.S. Government. Value: $625.00 and $85.00 re- spectively. Total Value: $710.00. Disposition: Trans- ferred to General Services Ad- ministration. The Honorable Donald H. Rums- Aromatherapy Gift Set and As- His Majesty King Abdullah bin al- Non-acceptance would have feld, Secretary of Defense. sorted Olive Oils. Date Re- Hussein and Her Majesty caused embarrassment to ceived: 12/22/2004. Est. Value: Queen Rania of The Hashemite donor and U.S. Government. $380.00 and $110.00, respec- Kingdom of Jordan. tively. Total Value: $490.00. Disposition: Transferred to Gen- eral Services Administration.

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AGENCY: DEPARTMENT OF DEFENSE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

The Honorable Paul Wolfowitz, 5′ x 8′ Egyptian King Tut Rug. Reid Marshal Mohamed Hussein Non-acceptance would have Deputy Secretary of Defense. Date Date Received: 1/27/2004. Tantawi, Commander in Chief caused embarrassment to Est. Value: $400.00. Disposi- of the Armed Forces, Minister donor and U.S. Government. tion: Transferred to General of Defense and Military Produc- Services Administration. tion of the Arab Republic of Egypt. The Honorable Paul Wolfowilz, Chess Set and 4′ x 6′ Kurdish Jalal Talabani, Secretary General Non-acceptance would have Deputy Secretary of Defense. Rug. Date Received: 6/17/2004. of the Patriotic Union of caused embarrassment to $140.00 and $450.00, respec- Kurdistan. donor and U.S. Government. tively. Total Value: $590.00. Disposition: Transferred to Gen- eral Services Administration. General Richard B. Myers, Chair- Painting. Date Received: 4/12/ His Excellency Sheikh Jabir Mu- Non-acceptance would have man, Joint Chiefs of Staff. 2004. Est. Value: $550.00. Dis- barak al-Hamad Al-Sabah, Dep- caused embarrassment to position: Transferred to General uty Prime Minister and Minister donor and U.S. Government. Services Administration. of Defense of the State of Ku- wait. General Richard B. Myers, Chair- Silver Punch Bowl Set and Paint- His Excellency Sheikh Jabir Mu- Non-acceptance would have man, Joint Chiefs of Staff. ing. Date Received: 4/12/2004. barak al-Hamad Al-Sabah, Dep- caused embarrassment to $340.00 and $550.00, respec- uty Prime Minister of Defense donor and U.S. Government. tively. Total Value: $890.00. of the State of Kuwait. Disposition: Transferred to Gen- eral Services Administration. General Richard B. Myers, Chair- Paekche Great Gilt-Bronze In- General Kim Jong il, General Sec- Non-acceptance would have man, Joint Chiefs of Staff. cense Burner. Date Received: retary Korean Workers Party caused embarrassment to 10/21/2004. Est. Value: Hwan-CJCS ROK. donor and U.S. Government. $290.00. Disposition: Trans- ferred to General Services Ad- ministration.. General Richard B. Myers, Chair- Jewelry Set (Necklace, Bracelet Lieutenant General Hamdy Non-acceptance would have man, Joint Chiefs of Staff. Ring and Earring). Date Re- Moustafa Weheba, Chief of caused embarrassment to ceived: 12/1/2004. Est. Value: Staff of The Egyptian Armed donor and U.S. Government. $540.00. Disposition: Trans- Forces. ferred to General Services Ad- ministration. General Richard B. Myers, Chair- Gift Set in Wood Box. Date Re- His Majesty King Abdullah bin al- Non-acceptance would have man, Joint Chiefs of Staff. ceived: 12/23/2004. Est. Value: Hussein, King of The caused embarrassment to $380.00. Disposition: Trans- Hashemite Kingdom of Jordan. donor and U.S. Government. ferred to General Services Ad- ministration. The Honorable Douglas J. Feith, 5′ x 8′ Egyptian King Tut Rug. Field Marshal Mohamed Hussein Non-acceptance would have Under Secretary of Policy. Date Received: 1/15/2004. Est. Tantawi, Commander in Chief caused embarrassment to Value: $400.00. Disposition: of the Armed Forces, Minister donor and U.S. Government. Transferred to General Services of Defense and Military Produc- Administration.. tion of the Arab Republic of Egypt. Lieutenant General Tome H. Wal- Oil Painting on Canvas by the Art- Jerzy Szmajdzinski, Minister of Non-acceptance would have ters, Jr., Director, Defense Se- ist Ghiorczyk. Date Received: 4/ Defense, Republic of Poland. caused embarrassment to curity Cooperation Agency. 4/2004. Est. Value: $350.00. donor and U.S. Government. Disposition: Transferred to Gen- eral Services Administration. Mira Ricardel, Acting Assistant Pearl Necklace. Date Received: Vlado Buckovski, Minister of De- Non-acceptance would have Secretary of Defense, Inter- 10/15/2003. Est. Value: fense of the Former Yugoslavia caused embarrassment to national Security Policy. $450.00. Disposition: Trans- Republic of Macedonia. donor and U.S. Government. ferred to General Services Ad- ministration.

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AGENCY: DEPARTMENT OF DEFENSE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Major General Thomas J. Romig, Picture of Forest Made with Var- General-Colonel Valeriy Inanovich Non-acceptance would have Judge Advocate General. ious Color Granulates and Marchenkov, President of the caused embarrassment to Chips of Stone Encased in Military University. donor and U.S. Government. Solid Marble Frame and Wood Shaped Swan Punch Bowl with Eight Ladle Cups, Black with Gold Beak. Date Received: 9/ 14/2004. Est. Value: $125.00 and $210.00, respectively. Total Value: $335.00. Disposition: Transferred to General Services Administration. Major General Thomas J. Romig, Etching of Mockba, Moscow by General-Colonel Alexander Non-acceptance would have Judge Advocate General. A.H. Cabettcoba, Porcelain Savenkov, Deputy Attorney caused embarrassment to Hand Painted Picture With In- General of the Russian Federa- donor and U.S. Government. scription ‘‘APXAHTEn6CKO on tion and Senior Military Inspec- back C$M Mockba with News- tor General. paper Article, Green Marble Egg with Black Etching of a Christian symbolism of a Woman and Child with Green Marble Base, Pewter Statute of a Russian Solkier with Marble Base (Green), Green Metal Cantee of BOflKA NEXOTHAH Liqueur, 1995 Inkerman White Wine with the Words ‘‘XCEMHYXOIHA’’, 2000 Inkerman Cabernet Wine with the Words ‘‘KABEPHE’’, Por- celain Vase (POCCKfl) Pattern, Sterling Silver Brocade Pattern Saucer, Paperback Two Vol- ume Book Set On Russian Art ‘‘Yue Haa Npuxomb’’, Hardcover book ‘‘Strolls Around the Moscow Kremlin from Mos- cow Kremlin Museum, Hardcover Book by Boris Brodsky The Art Treasures from Moscow Museums’, and Li- queur ‘‘KB KOHbflK PECny6JlNKA AareCTaH JleauHxa’’ Decorated Glass Ca- rafe. Date Received: 9/14/2004. Est. Value: $85.00, $45.00, $125.00, $350.00, $25.00, $15.00, $15.00, $0.00, $10.00, $35.00, $25.00, $20.00 and $35.00, respectively. Total Value: $885.00. Disposition: Transferred to General Services Administration.

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AGENCY: UNITED STATES DEPARTMENT OF AGRICULTURE [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Ann M. Veneman, U.S. Secretary A stone, probably serpentine, fig- Presented by Robert Speller, Min- Non-acceptance would have of Agriculture. ure of a polar bear in a seated ister of Agriculture, Canada. caused embarrassment to position. Inuit sculpture, it was donor and U.S. Government. carved in the cooperative of Puvirnituk located in north- eastern Canada. As a reg- istered Inuit sculpture the mes- sage ‘‘2003, Qumaluk 37464’’ is incised on the underside of the base. It is also marked ‘‘Can- ada, Ministry of Agriculture A475–AB CI–37465’’. The maker is Tukgi Gumaluk. Re- ceived: February 11, 2004. Ap- praised Value: $650.00. Loca- tion: The item was returned to the USDA/FAS Foreign Visitor and Protocol Office to be proc- essed for turn-in to General Services Administration. Ann M. Veneman, U.S. Secretary Inuit carving: Artist: Simionte Presented by the new Canadian Non-acceptance would have of Agriculture. Kanayuk, signed and dated Minister of Agriculture, Andrew caused embarrassment to 2002. Dark soapstone carving Mitchell. donor and U.S. Government. in the Cape Dorset style, of a polar bear with a seal in its mouth. 10″ long. Additional in- formation on the base: ‘‘A804’’ and ‘‘Ct37311’’ and from the ‘‘Puvirnituk Community. Re- ceived: August 28, 2004. Ap- praised value: $850.00. Loca- tion: The item was returned to the USDA/FAS Foreign Visitor and Protocol Office to be proc- essed for turn-in to General Services Administration. James Butler, U.S. Department of Stone carving Artist: Irvin Head Presented by Robert Speller, Min- Non-acceptance would have Agriculture, Deputy Under Sec- ‘‘Musk’’, Manitoba artist. Soap- ister of Agriculture, Canada, at caused embarrassment to retary for Farm and Foreign Ag- stone carving of a raven. the World Meat Congress meet- donor and U.S. Government. ricultural Services. Signed. Height 5–1⁄2″; Length ing in Winnipeg, Canada. 8’’. Information also included on the base ‘‘Manitoba Arts’’ and ‘‘Woodlands Gallery’’. Date Re- ceived: June 15, 2004. Ap- praised value: $650.00. Loca- tion: The item was returned to the USDA/FAS Foreign Visitor and Protocol Office to be proc- essed for turn-in to General Services Administration.

AGENCY: DEPARTMENT OF COMMERCE [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Donald L. Evans, Secretary of White enameled Faberge style Elena Danilova, Deputy Minister Non-acceptance would have Commerce. egg. Received Date: 4/21/2004. of Economic Development and caused embarrassment to Estimated Value: $350.00. Dis- Trade for Russia. donor and U.S. Government. position: Transferred to General Services Administration.

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AGENCY: DEPARTMENT OF COMMERCE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Samuel W. Bodman, Deputy Sec- Lined Dark Green Velvet Men’s Ambassador Kanat Saudabayev Non-acceptance would have retary of Commerce. robe with stitched gilt on front of Kazakhstan and Ms. caused embarrassment to border and cuffs and emblem of Saudabayev. donor and U.S. Government Kazakhstan and sun with out- line of bird and with tie belt. Re- ceived Date: 1/26/2004. Esti- mated Value: $300.00. Disposi- tion: Transferred to General Services Administration.

AGENCY: HEALTH AND HUMAN SERVICES [Report of Tangible Gifts]

Name and title of person accepting Gift, date of acceptance on behalf of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Tommy G. Thompson, Secretary Silver Saudi Coffee Pot (Dallah). Dr. Hamad bin Abdallah al-Manai, Non-acceptance would have of Health and Human Services. Received Date: 4/10/2004. Esti- Minister of Health of Saudi Ara- caused embarrassment to mated Value: $400.00. Disposi- bia. donor and U.S. Government. tion: Transferred to General Services Administration. Tommy G. Thompson, Secretary Black Cloak with Gold Embroi- Prince Abd al-Aziz bin Fahd bin Non-acceptance would have of Health and Human Services. dery. Received Date: 4/6/2004. Abd al-Aziz Al Saud, Minister of caused embarrassment to Estimated Value: $1,350.00. State of Saudi Arabia. donor and U.S. Government. Disposition: Transferred to Gen- eral Services Administration. Tommy G. Thompson, Secretary Edo cut glass vase in wooden Toshihiro Nikai, Minister of Econ- Non-acceptance would have of Health and Human Services. presentation box. Received omy, Trade and Industry of caused embarrassment to Date: 3/22/2004. Estimated Japan. donor and U.S. Government. Value: $410.00. Disposition: Transferred to General Services Administration. Tommy G. Thompson, Secretary Swarovski Crystal Candleholder. World Economic Forum in Davos, Non-acceptance would have of Health and Human Services. Received Date: 1/15/2004. Esti- Switzerland. caused embarrassment to mated Value: $390.00. Disposi- donor and U.S. Government. tion: Transferred to General Services Administration. Tommy G. Thompson, Secretary African Robe and Matching Hat. Albert Mabri Toikeuse, Ivorian Non-acceptance would have of Health and Human Services. Received Date: 1/13/2004. Esti- Minister of Health. caused embarrassment to mated Value: $350.00. Disposi- donor and U.S. Government. tion: Transferred to General Services Administration.

AGENCY: DEPARTMENT OF ENERGY [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

David Garman, Under Secretary of Hardcover Book with 10 authentic Xu Guanhua, Minister of Science Non-acceptance would have the Department of Energy. coins by the Ministry of Science and Technology, China. caused embarrassment to and Technology of the People’s donor and U.S. Government. Republic of China. Book reg- ister #2,163 out of 5,000 au- thorized copies produced by Jin Quan Coin Culture Co, Ltd. Re- ceived Date: 5/14/2004. Esti- mated Value: $580.00. Disposi- tion: Department of Energy for Official Use.

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AGENCY: DEPARTMENT OF ENERGY—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Kyle McSlarrow, Deputy Secretary Set of 6 cylinder shape goblets— Sergei Bogdanchikov, Rosneft Non-acceptance would have of the Department of Energy. Amber body and dome foot President, Russia. caused embarrassment to mounted in Sterling Silver Hold- donor and U.S. Government. er with silver twist stem. Re- ceived Date: 6/8/2004. Esti- mated Value: $750.00. Disposi- tion: Transferred to General Services Administration.

AGENCY: DEPARTMENT OF HOMELAND SECURITY [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance .S. Government disposition or location

Tom Ridge, Secretary of Home- Cuckoo Clock, Model MT 405–10. Minister Otto Schily, German Min- Non-acceptance would have land Security. Received Date: 10/20/2004. Es- istry of the Interior. caused embarrassment to timated Value: $528.00. Dis- donor and U.S. Government. position: Gift returned to donor on January 18, 2005. Tom Ridge, Secretary of Home- Swarovski Binoculars. Received Minister Ernst Strasser, Minister Non-acceptance would have land Security. Date: 9/1/2004. Estimated of the Interior of the Republic of caused embarrassment to Value: $524.00. Disposition: Austria. donor and U.S. Government. Gift returned to donor on De- cember 27, 2004.

AGENCY: UNITED STATES SENATE [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Senator Hillary Rodham Clinton .... Afghan Rug, Date Received 2004. His Excellency Hamid Karzai, Non-acceptance would cause Est. Value—Overvalue—exact President of the Transitional Is- donor embarrassment. value unknown, Location: Dis- lamic State of Afghanistan. played in Member’s Office in SR–468. Senator Ted Stevens...... Silver desk set and decorative King Hussein of Jordan ...... Non-acceptance would cause plate w/ stand and letter open- donor embarrassment. er. January 21, 2004. Est. Value—Over $100. Location: Displayed in Member’s Office in SH–522. Senator John Warner ...... Table linens and crystal bowl from Ambassador Yang Jiechi of China Non-acceptance would cause Tiffany and Company. January and Ambassador Salem Al- donor embarrassment. 12, 2004. Est. Value—$600. Sabah. Disposition: Deposited with the Secretary of the Senate. Senator Thad Cochran ...... Lapis box w/flip top, January 20, Michelle Bachelet, Minister of De- Non-acceptance would cause 2004, Est. Value—$300, Loca- fense for Chile. donor embarrassment. tion: Displayed in SD–101 for official use. Senator Richard Lugar, Senate Large black rug w/image of King Mohamed Hussein Tantawi, Com- Non-acceptance would cause Foreign Relations Committee. Tut. January 23, 2004. Est. mander in Chief of the Egyptian donor embarrassment. Value—Over $100. Disposition: Armed Forces. Deposited with the Secretary of the Senate. Senator Charles Grassley ...... Silver L’Epee clock, February Salman Bin Hamad Al Khalifa, Non-acceptance would cause 2004, Est. Value—$540. Loca- Crown Prince and Commander- donor embarrassment. tion: Displayed in Member’s Of- in-Chief of the Bahrain Defense fice in SH–135 for official use. Force.

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AGENCY: UNITED STATES SENATE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Senator John Warner...... Scarf, March 20, 2004, Est. Unknown ...... Non-acceptance would cause Value—$100. Disposition: De- donor embarrassment. posited with the Secretary of the Senate. Senator John Warner...... Gold Plated Box, Est. Value— Hamid Karzai, President of Af- Non-acceptance would cause $200. Disposition: Deposited ghanistan. donor embarrassment. with the Secretary of the Sen- ate. Senator John Warner...... Clock surrounded by jade and Muhammedmain Soomro, Chair- Non-acceptance would cause gold. March 20, 2004. Est. man of the Senate of Pakistan. donor embarrassment. Value—$300. Disposition: De- posited with the Secretary of the Senate. Senator John Warner...... Silver Bowl. Est. Value—$200. President Pervez Musharraf of Non-acceptance would cause Disposition: Deposited with the Pakistan. donor embarrassment. Secretary of the Senate. Senator Carl Levin...... Book of the Collection of the Ambassador Mohammad Javad Non-acceptance would cause Works of Mr. Mahmoud Zarif-Khonsari, Permanent Ira- donor embarrassment. Farshcian. March 20, 2004. Est. nian representative to the Value—Over $100. Disposition: United Nations. Deposited with the Secretary of the Senate. Senator Richard Lugar ...... Bronze ox Lamp from Jiangsu Li Yuanchao, Communist Party of Non-acceptance would cause Province. July 21, 2004. Est. China Jiangsu Committee Sec- donor embarrassment. Value—Over $100. Disposition: retary. Deposited with the Secretary of the Senate. Senator Edward Kennedy ...... Tiled wall hanging mosaic, August President Abdelaziz Bouteflika of Non-acceptance would cause 1, 2001. Est. Value—$1,500. Algeria. donor embarrassment. Disposition: Displayed in Mem- ber’s Office in SR–319 for offi- cial use. Senator Christopher J. Dodd...... Black carpet w/ the imprint of Mohamed Hussein Tantawi, Min- Non-acceptance would cause King Tut. March 2004. Est. ister of Defense of the Govern- donor embarrassment. Value—Unknown. Disposition: ment of Egypt. Deposited with the Secretary of the Senate. Robert Roach, Counsel and Chief Lunch for the Steering Group of The Cambridge America Forum of Non-acceptance would cause Investigator, U.S. Senate Per- the Cambridge America Forum. St. Catharine’s College in Cam- donor embarrassment. manent Subcommittee on Inves- September 19, 2004. Est. bridge University (United King- tigations (Dem. Staff). Value—$57.60. Handled pursu- dom). ant to Secret Service policy. Robert Roach, Counsel and Chief Welcome dinner for the Steering The Fellows of St. Catherine’s Non-acceptance would cause Investigator, U.S. Senate Per- Group of the Cambridge Amer- College in Cambridge Univer- donor embarrassment. manent Subcommittee on Inves- ica Forum including panelists sity (United Kingdom). tigations (Dem. Staff). participating in the conference. September 19, 2004. Est. Value—$48. Handled pursuant to Secret Service policy. Robert Roach, Counsel and Chief Lunch for all participants and The Cambridge America Forum of Non-acceptance would cause Investigator, U.S. Senate Per- attendees at conference. Sep- St. Catharine’s College in Cam- donor embarrassment. manent Subcommittee on Inves- tember 20, 2004. Est. Value— bridge University (United King- tigations (Dem. Staff). $48. Handled pursuant to Se- dom). cret Service policy. Senator Thad Cochran...... Large Kilim rug, August 2004. Government of Baku ...... Non-acceptance would cause Est. Value—$800. Location: donor embarrassment. Displayed in SD–113 for official use. Senator Thad Cochran ...... Decorative Brass Tea Set. August Government of Baku ...... Non-acceptance would cause 2004, Est. Value—$150. Loca- donor embarrassment. tion: Displayed in SD–113 for official use. Kay Webber, Executive Assistant, Large Kilim rug, August 24, 2004, Government of Baku ...... Non-acceptance would cause Office of Senator Thad Cochran. Est. Value—$800. Decorative donor embarrassment. Brass Tea Set. Est. Value— $150. Location: Deposited with the Secretary of the Senate.

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AGENCY: UNITED STATES SENATE—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

James W. Morehard, Chief of Silver Tea Set. September 28, President Ilham Aliyev of Azer- Non-acceptance would cause Staff, Committee on Appropria- 2004. Est. Value—$150. Small baijan. donor embarrassment. tions. hand-made rug, Est. Value— $400. Location: Deposited with the Secretary of the Senate. Sid Ashworth, Clerk, Committee on Silver Tea Set Est. Value—$150. President Ilham Aliyev of Azer- Non-acceptance would cause Appropriations, Subcommittee Small hand-made rug. Sep- baijan. donor embarrassment. on Defense. tember 28, 2004. Est. Value— $450. Location: Deposited with the Secretary of the Senate. Senator Richard Lugar ...... Dom Perignon Champagne, 750 Ambassador Ranendra Sen, In- Non-acceptance would cause ML., December 8, 2004. Est. dia’s Ambassador to the U.S.. donor embarrassment. Value—$150. Location: Depos- ited with the Secretary of the Senate. Senator E. Benjamin Nelson...... Rug. October 25, 2004. Est. President Ilham Aliyev of Azer- Non-acceptance would cause Value—$800. Location: Dis- baijan and the Government of donor embarrassment. played in State office, 7602 Pa- Baku. cific St. Omaha, Nebraska for official use. Senator E. Benjamin Nelson...... Silver Tea Set and Carrying President Ilham Aliyev of Azer- Non-acceptance would cause Case. October 25, 2004. Est. baijan and the Government of donor embarrassment. Value—$150. Location: Dis- Baku. played in Member’s Office in SH–720 for official use. Senator Hillary Rodham Clinton .... Leather Wallet and Clutch Purse Shobha Oza, President of the Non-acceptance would cause by Versace. July 2004. Est. Mahila Congress Madhya donor embarrassment. Value—Overvalue but actual Pradesh within the Indian Na- amount unknown. Location: De- tional Congress. posited with the Secretary of the Senate, Leather Wallet and Card case. Est. Value—Un- known. Location: Deposited with the Secretary of the Sen- ate. Small Enameled Display Pedestal. Est. Value—Un- known. Location: Deposited with the Secretary of the Sen- ate.

AGENCY: UNITED STATES SENATE [Report of Travel or Expenses of Travel]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Mr. Brian S. Feintech, Committee Bus Transportation to projects Government of the Dominican Re- Travel to view projects managed on Appropriations. managed by the Ministry of public. by the Ministry of Health, U.S. Health. February 18th & 20th, AID and the UN Population 2004. Fund with periodic briefings en route. Transportation within the Domini- Travel to view projects funded by can Republic on military heli- the U.S. Government and copters to outlying areas to visit UNFPA. Itinerary would have projects. February 19, 2004. been impossible w/o govern- ment. Ms. Lindsey Brill, Health LA, Office Bus transportation to projects Government of the Dominican Re- Travel to view projects managed of Senator Lincoln Chafee. managed by the Ministry of public. by the Ministry of Health, U.S. Health. February 18th & 20th, AID, and the UN Population 2004. Fund with periodic briefings en route.

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AGENCY: UNITED STATES SENATE—Continued [Report of Travel or Expenses of Travel]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Transportation within the Domini- Travel to view projects funded by can Republic on military heli- the U.S. Government and UN copters to outlying areas to visit Population Fund. Itinerary projects. February 19, 2004. would have been impossible w/o government assistance. Ms. Julie Cohen, Legislative As- Bus transportation to projects Government of the Dominican Re- Travel to view projects managed sistant, Office of Senator Herb managed by the Ministry of public. by the Ministry of Health, U.S. Kohl. Health. February 18th & 20th, AID, and the UN Population 2004. Fund with periodic briefings en route. Transportation within the Domini- Travel to view projects funded by can Republic on military heli- the U.S. Government and UN copters to outlying areas to visit Population Fund. Itinerary projects. February 19, 2004. would have been impossible w/o government assistance. Senator and Mrs. Paul Sarbanes .. Transportation within Greece to World Hellenic Inter-Parliamentary Travel to discuss Hellenic issues attend and give keynote speech Union (WHIU). with worldwide elected officials; at the WHIU General Assembly, meet with the Greek Parliament including lodging and meals. and President of Greece. August 12–17, 2000. Senator Chuck Hagel...... Transportation within Gabon via President Omar Bongo and the Official travel to view key ecologi- President Bongo’s helicopter to Government of Gabon. cal sites. No commercial option. view threatened and sensitive ecological sites protected by Gabon’s national park system. August 25, 2004. Andrew Parasiliti, Foreign Policy Transportation within Gabon via President Omar Bongo and the Official travel to view key ecologi- Advisor, Office of Senator Chuck President Bongo’s helicopter to Government of Gabon. cal sites. No commercial option. Hagel. view threatened and sensitive ecological sites protected by Gabon’s national park system. August 25, 2004. Randel Zeller, Senior Policy Advi- Transportation within Gabon via President Omar Bong and the Official travel to view key ecologi- sor, Office of Senator Chuck President Bongo’s helicopter to Government of Gabon. cal sites. No commercial option. Hagel. view threatened and sensitive ecological sites protected by Gabon’s national park system. August 25, 2004. Mrs. Hillary Rodham Clinton, U.S. Transportation from Iceland to Ire- University of Deny, Ireland ...... Travel for speech at the Univer- Senator. land, within Ireland; one nights sity, official events. lodging in Ireland. August 25– 28, 2004. Mr. Robert Holifield, Legislative Transportation within Yemen Government of Yemen ...... Official travel to meet with Presi- Assistant, Senator Blanche Lin- (round trip from Sanaa to dent Salih on international trade coln. Mukallah) to meet with Presi- issues. The staff delegation dent Salih. February 19, 2004. was tentatively scheduled to meet with President Salih in Sanaa on Feb. 19.* However, upon arriving in Sanaa at 10 p.m. on Feb. 18th we were in- formed by U.S. Embassy per- sonnel that President Salih would be in Mukallah the next morning and that the Govern- ment of Yemen has arranged to transport us there for the meet- ing. Given the late hour of our arrival in Sanaa, and given that we would be required to leave early the next morning, non-ac- ceptance of the flight and thus the cancellation of the meeting would have caused the donor embarrassment.

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AGENCY: UNITED STATES SENATE—Continued [Report of Travel or Expenses of Travel]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Mr. David S. Johanson, Inter- Transportation within Yemen Government of Yemen ...... Official travel to meet with Presi- national Trade Counsel, Com- (roundtrip from Sanaa to dent Salih on international trade mittee on Finance. Mukallah) to meet with Presi- issues. The staff delegation dent Salih. February 19, 2004. was tentatively scheduled to meet with President Salih in Sanaa on Feb. 19th. However, upon arriving in Sanaa at 10 p.m. on Feb. 18th, we were in- formed by U.S. Embassy per- sonnel that President Salih would be in Mukallah the next morning and that the Govern- ment of Yemen has arranged to transport us there for the meet- ing. Given the late hour of our arrival in Sanaa, and given that we would be required to leave early the next morning for Mukallah, it was impractical to attempt to arrange a commer- cial flight. Alternatively, non-ac- ceptance of the flight and thus cancellation of the meeting with President Salih—a meeting in the interests of the United States—would have caused the donor embarrassment. Bryn N. Stewart, Legislative Direc- Transportation between Sanaa, Government of Yemen ...... Official travel to meet with Presi- tor, Office of Senator Craig Yemen and Mukallah, Yemen dent Salih to discuss inter- Thomas. to meet President Salih. national trade issues. The staff ($235.00), which represents the delegation was scheduled to cost of round trip airfare be- meet with the President in tween the two cities. February Sanaa, but they were informed 19, 2004. that the President was in Mukallah and the Government of Yemen has arranged to transport us there for the meet- ing. Due to the late hour of ar- rival in Sanaa, and given the early departure needed to ar- rive in time to meet the Presi- dent, it was impractical to ar- range a commercial flight within the time constraints given us. Mr. David Wonnenberg, Profes- Transportation between Sanaa Government of Yemen ...... Official travel to meet with Presi- sional Staff Member, Senate and Mukallah to meet President dent Salih on international trade Commerce Committee. Salih. February 19, 2004. issues. Due to the last minute change in our itinerary (original meeting was to take place in Sanaa, but that was moved to Mukallah) the Government of Yemen arranged for a flight to address this change in Presi- dent Salih’s availability. It was impractical to obtain commer- cial travel and non-acceptance would have caused the donor embarrassment.

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AGENCY: UNITED STATES SENATE—Continued [Report of Travel or Expenses of Travel]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Mr. Brian Pomper, International Transportation within Yemen Government of Yemen ...... Official travel to meet with Presi- Trade Counsel, Committee on (round trip from Sanaa to dent Salih on international trade Finance (Dem Staff). Mukallah) to meet President issues. The meeting and flight Salih ($235). February 19, 2004. were arranged last-minute. The staff delegation was tentatively scheduled to meet with Presi- dent Salih in Sanaa on Feb- ruary 19th. However, upon ar- riving in Sanaa at 10 p.m. on February 18th, we were in- formed by U.S. embassy per- sonnel that President Salih would be in Mukallah the next morning and that the Govern- ment of Yemen had arranged to transport us there for the meet- ing. Given the late hour of our arrival in Sanaa, and given that we would be required to leave early the next morning for Mukallah, it was impractical to attempt to arrange a commer- cial flight. Refusing to accept the flight and canceling the meeting with President Salih would have embarrassed the Government of Yemen. Senator Mitch McConnell...... Transportation within Israel via Government of Israel ...... No commercial travel available to military aircraft to view security tour these sites. fence and other strategic sites. November 14, 2004. Mr. William H. Piper, Chief of Staff, Transportation within Israel via Government of Israel ...... No commercial travel available to Office of Senator Mitch McCon- military aircraft to view security tour these sites. nell. fence and other strategic sites. November 14, 2004. Ms. Ellen Doneski, Legislative Di- Transportation within Yemen Government of Yemen ...... Official travel to meet with Presi- rector, Office of Senator John D. (roundtrip from Sanaa to dent Salih on international trade Rockefeller, IV. Mukallah) to meet President issues. The staff delegation Salih. February 19, 2004. was tentatively scheduled to meet with President Salih in Sanaa on Feb. 19th. However, upon arriving in Sanaa at 10 p.m. on Feb. 18th, we were in- formed by U.S. Embassy per- sonnel that President Salih would be in Mukallah the next morning and that the Govern- ment of Yemen has arranged to transport us there for the meet- ing. Given the late hour of our arrival in Sanaa, and given that we would be required to leave early the next morning for Mukallah. It was impractical to attempt to arrange a commer- cial flight. Alternatively, non-ac- ceptance of the flight and thus cancellation of the meeting with President Salih—a meeting in the interests of the United States—would have caused the donor embarrassment.

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AGENCY: U.S. HOUSE OF REPRESENTATIVES [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Dennis J. Hastert, Member of Con- Royal De Champagne Crystal Lucien Weiler, President of the Non-acceptance would have gress. Lion. Recd.—December 15, Chamber of Deputies of Luxem- caused embarrassment to 2004. Est. Value—$675.00. bourg. donor. Disposition: On display in the Speaker’s Office, Room H–232 of The U.S. Capitol for official use.

AGENCY: U.S. HOUSE OF REPRESENTATIVES [Report of Travel or Expenses of Travel]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Susan Davis, Member of Congress Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. March 2, 2004. 7342(c)(l)(B)(ii). Thaddeus McCotter, Member of Hotel and meals in Libya. March Libyan Parliament...... Authorized by 5 U.S.C. Congress. 2, 2004. 7342(c)(l)(B)(ii). Solomon P. Ortiz, Member of Con- Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. gress. March 2, 2004. 7342(c)(l)(B)(ii). Silvestre Reyes, Member of Con- Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. gress. March 2, 2004. 7342(c)(l)(B)(ii). Nick Smith, Member of Congress .. Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. March 2, 2004. 7342(c)(l)(B)(ii). Curt Weldon, Member of Congress Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. March 2, 2004. 7342(c)(l)(B)(ii). M. Douglass Bellis, Deputy Legis- In country travel expenses in St. University of the West Indies ...... Authorized by 5 U.S.C. lative Counsel. Kitts, West Indies, in connection 7342(c)(l)(B)(ii). with presentation of paper at legislative drafting conference. July 14–18, 2004. Erin Conaton, Staff, House Armed Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. Services Committee. March 2, 2004. 7342(c)(l)(B)(ii). Douglas C. Roach, Staff, House Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. Armed Services Committee. March 2, 2004. 7342(c)(l)(B)(ii). Christopher C. Schons, Legislative Meals, lodging and in country Guatemala ...... Authorized by 5 U.S.C. Assistant for International Af- travel in Guatemala. August 7342(c)(l)(B)(ii). fairs, Rep. Katherine Harris. 16–19, 2004. Harold O. Stavenas, Staff, House Lodging and meals in Libya. Libyan Parliament...... Authorized by 5 U.S.C. Armed Services Committee. March 2, 2004. 7342(c)(l)(B)(ii). Chandler, A.B., HI, Member of Accommodations, meals, domes- Australian Government...... Authorized by 5 U.S.C. Congress. tic transport, tours, theatre tick- 7342(c)(l)(B)(ii). ets during travel in Sydney, Melbourne and Port Douglas, for Member and spouse. No- vember 8–14, 2004. Cooper, Jim, Member of Congress Accommodations, meals, domes- Australian Government...... Authorized by 5 U.S.C. tic transport, tours, theatre tick- 7342(c)(l)(B)(ii). ets during travel in Sydney, Melbourne and Port Douglas, for Member and spouse. No- vember 6–14, 2004. Mike Ross, Member of Congress .. Domestic Transportation in Aus- Australian Government...... Authorized by 5 U.S.C. tralia. November 6–14, 2004. 7342(c)(l)(B)(ii). Daly, Brendan, Communications Airport fees, lodging, meals/pro- Russia ...... Authorized by 5 U.S.C. Director House Democratic gram in Russia. June 26–July 7342(c)(l)(B)(ii). Leader. 2, 2004.

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AGENCY: DEPARTMENT OF NAVY [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Mrs. R.F. Willard, spouse of Vice Woman’s watch. Received Date: Townsville, Australia Delegation .. Non-acceptance would have Admiral R.F. Willard, Com- 3/18/2004. Estimated Value: caused embarrassment to mander of the Seventh Fleet. $662.00. Disposition: Trans- donor and U.S. Government. ferred to General Services Ad- ministration. Navy Approx. 450 members of Party/Banquet at the NAS Japanese Maritime Self Defense Non-acceptance would have Company Patrol and Reconnais- Whidbey Island Officers’ Club. Force PATRON DET39. caused embarrassment to sance Wing Ten. Received Date: 8/6/2004. Esti- donor and U.S. Government. mated Value: $8,600.00. Dis- position: Food and Beverages consumed, T-shirts and cups accepted. Vice Admiral R.F. Willard, Com- Man’s watch. Received Date: 3/ Townsville, Australia Delegation .. Non-acceptance would have mander of the Seventh Fleet. 18/2004. Estimated Value: caused embarrassment to $856.00. Disposition: Trans- donor and U.S. Government. ferred to General Services Ad- ministration.

AGENCY: DEPARTMENT OF NAVY [Report of Travel and Travel Expenses]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Vice Admiral & Mrs. Willard, Com- Travel and lodging in Japan. City of Shimoda, Japan ...... Official participation in the 65th mander, C7F and Spouse. Recd—May 13–17, 2004. Est. Annual Shimoda Black Ship Value—$820.00. Festival. Flag Aide Lieutenant Bandini, Travel and lodging in Japan. City of Shimoda, Japan ...... Official participation in the 65th Commission Seventh Fleet— Recd—May 13–17, 2004. Est. Annual Shimoda Black Ship Navy. Value—$590.00. Festival.

AGENCY: DEPARTMENT OF AIR FORCE [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Allan G. Peck, Brigadier General, Vittorio Vercelli leather attache´ Major General Hamad Moham- Non-acceptance would have U.S. Air Force. case, wallet, key holder watch, med Thani Al-Rumaithy, Deputy caused embarrassment to box and 2 Concord pens. Re- Chief of Staff, General Head- donor and U.S. Government. ceived Date: 5/23/2004. Esti- quarters, United Arab Emirates mated Value: $492.00. Disposi- Armed Forces. tion: Department of Air Force, Approved for Official Use. Christopher M. Campbell, Colonel, Italian ‘‘Momo Design’’ Watch. Jabir Mubarak al-Hamad al- Non-acceptance would have U.S. Air Force. Received Date: 5/26/2004. Esti- Sabah, the Deputy Prime Min- caused embarrassment to mated Value: $620.00. Disposi- ister and Minister of Defense, donor and U.S. Government. tion: Transferred to General Kuwait. Services Administration. Walter E. Buchanan, III, Lieutenant Vittorio Vercelli leather attache´ Major General Hamad Moham- Non-acceptance would have General, U.S. Air Force, Central case, wallet, key holder watch, med Thani Al-Rumaithy, Deputy caused embarrassment to Air Force Commander. box and 2 Concord pens. Re- Chief of Staff, General Head- donor and U.S. Government. ceived Date: 5/23/004. Esti- quarters, United Arab Emirates mated Value: $492.00. Disposi- Armed Forces. tion: Transferred to General Services Administration.

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AGENCY: CENTRAL INTELLIGENCE AGENCY [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

George J. Tenet, Director, Central Bronze group of an Arab man 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. helping a woman from the bath, caused embarrassment to after a model by Reiss, mod- donor and U.S. Government. ern, gold brown patina, mount- ed on a black slate base. H: 16 inches. Rec’d—January 14, 2004. Est. Value: $300.00. Lo- cation: To be retained for offi- cial display. George J. Tenet, Director, Central Elizabeth II silver Turkish design 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. coffee ewer, maker’s marks caused embarrassment to GGM, London, 2001. Rec’d— donor and U.S. Government. February 10, 2004. Est. Value: $350.00. Location: To be re- tained for official display. George J. Tenet, Director, Central Middle Eastern filigree silver and 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. partial gilt palm tree form night- caused embarrassment to light, modern. Rec’d—March 9, donor and U.S. Government. 2004. Est. Value: $500.00. Lo- cation: To be retained for offi- cial display. George J. Tenet, Director, Central Chased brass and rosette mount- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. ed figured wood percussion caused embarrassment to rifle, 19th century; together with donor and U.S. Government. ramrod and leather powder flask, mounted in a display case. Rec’d-June 13, 2004. Est. Value: $500.00. Location: To be retained for official display. George J. Tenet, Director, Central Indian emerald, sapphire and gold 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. five-piece ensemble, modern, caused embarrassment to consisting of: a tasseled neck- donor and U.S. Government. lace, a pair of tasseled pierced- type earrings and a ring, each set with faceted emeralds and sapphires, encased. Rec’d— June 14, 2004. Est. Value: $500.00. Location: To be re- tained for official display. George J. Tenet, Director, Central Tower model 1856 Cal. 577 steel 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. mounted walnut percussion caused embarrassment to rifle, stamped Tower/1856, also donor and U.S. Government. with impressed crown above VR, with folding sight and re- movable steel ramrod. L. of rifle overall: 55 inches. Rec’d—June 15, 2005. Est. Value: $750.00. Location: To be retained for offi- cial display. George J. Tenet, Director, Central Wristwatch, maker Breitling, with 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. stainless steel case, No., caused embarrassment to A42362 and 483749, dial with donor and U.S. Government. three subsidiary dials and a cal- endar aperture with leather band encased. Rec’d—June 16, 2004. Est. Value: $300.00. Lo- cation: To be retained for offi- cial display. George J. Tenet, Director, Central Middle Eastern floral embossed 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. silver oval two-handed footed caused embarrassment to centerpiece, with 900 standard donor and U.S. Government. marks. H: 8 Vt. inches, L in- cluding handles: 16 inches; weight: 46 oz. Rec’d—July 21, 2004. Est. Value: $500.00. Lo- cation: To be retained for offi- cial display.

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AGENCY: CENTRAL INTELLIGENCE AGENCY—Continued [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

George J. Tenet, Director, Central Bahranian 22-Karat gold five- 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have Intelligence. piece coin set, Five Different caused embarrassment to Bahranian Rulers, encased. D donor and U.S. Government. of each: 1 Vz. inches (36 mm), weight of each: 31 grams. Rec’d—July 23, 2004. Est. Value: $1,500.00. Location: To be retained for official display. An Agency Employee ...... Saudi Arabian eight-piece 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have ‘‘Hashemite’’ coin proof set, caused embarrassment to minted in Mecca for His Majesty donor and U.S. Government. King Ali Hussein bin Ali (1916– 1924), consisting of: a copper one-eight kirsh, a copper quar- ter kirsh, a copper half kirsh, a copper kirsh, a silver five kurush, a silver ten kurush, a silver twenty kirshan and a gold Hashimi Dinar. Rec’d—May 2003. Est. Value: $300.00. Lo- cation: To be retained for offi- cial display. An Agency Employee ...... Continental hallmarked 18 karat 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have yellow gold cabochon ruby and caused embarrassment to oval faceted emerald pierced donor and U.S. Government. type pendant earrings, modern, the Snowflake open mount set with a central cabochon ruby surrounded by eight rose cut emeralds. Rec’d—February 13, 2004. Est. Value: $300.00. Lo- cation: To be retained for offi- cial display. An Agency Employee ...... Pakistan ‘‘Tabriz’’ design rug, 9.4′ 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have x 6.8′, modern, navy blue with caused embarrassment to mille-fleur field centering two donor and U.S. Government. pulled lobed medallions on royal red to ivory ground, com- plimentary spandrels, palmette and trellising vine guard border on navy blue ground. Rec’d— October 20, 2002. Est. Value: $500.00. Location: To be re- tained for official display. An Agency Employee ...... Qum silk rug, 6.9′ x 4.1′, modern, 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have emerald green ground with caused embarrassment to flowering tree field, flowering donor and U.S. Government. branch and trellising vine guard border on red ground. Rec’d— May 8, 2004. Est. Value: $400.00. Location: To be re- tained for official display. An Agency Employee ...... Pakistan Bokhara rug, 9.4′ x 7.3′, 5 U.S.C. 7342(f)(4) ...... Non-acceptance would have modern, light brown ground caused embarrassment to with vertical rows of octagon donor and U.S. Government. medallions and rosettes, multi- guard border on blue to beige ground. Rec’d—December 2002. Est. Value: $500.00. Lo- cation: To be retained for offi- cial display.

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AGENCY: FEDERAL RESERVE BOARD [Report of Tangible Gifts]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Ben S. Bernanke, Member of the Yobide mainstream sculpture Chen Yuan, Governor, China De- Non-acceptance would have Board. (plate, 81⁄2″ diameter, decorated velopment Bank, People’s Re- caused embarrassment to with dragon figures). Recd: public of China. donor and U.S. Government. September 29, 2004. Est. Value—$375. Location: Ap- proved for official use. Alan Greenspan, Chairman of the Romanian gold commemorative Mugur Isarescu, Governor, Na- Non-acceptance would have Board. coin, 11⁄4″ diameter with image tional Bank of Romania. caused embarrassment to of Constantin Brancusi. Recd: donor and U.S. Government. October 3, 2004. Est. Value— $750. Location: Approved for official use.

AGENCY: NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [Report of Travel Expenses]

Gift, date of acceptance on behalf Name and title of person accepting of the U.S. Government, Identity of foreign donor Circumstances justifying the gift on behalf of the estimated value, and current and government acceptance U.S. Government disposition or location

Paul Wester, Director, Life Cycle Lodging in China. Rec’d Decem- National Science and Technical Presented a paper on Strategic Management Division. ber 8, 2004. Est. Value— Museum Kaohsiung, The Re- Directions for Federal Records $350.00. public of China (Taiwan). Management.

[FR Doc. 06–5132 Filed 6–8–06; 8:45 am] BILLING CODE 4710–20–P

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Part III

Department of Housing and Urban Development Proposed Fair Market Rents for the Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program; Fiscal Year 2007; Notice

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DEPARTMENT OF HOUSING AND In order to minimize large changes in instructions provided on that site to URBAN DEVELOPMENT income limits in these combined areas submit comments electronically. with similar rents but differing income No Facsimile Comments. Facsimile [Docket No. FR–5068–N–01] levels, HUD is proposing for FY2007 (FAX) comments are not acceptable. In FMRs to form FMR sub-areas within all cases, communications must refer to Proposed Fair Market Rents for the OMB-defined metropolitan areas in all the docket number and title. Housing Choice Voucher Program and cases where sub-area median family Public Inspection of Public Moderate Rehabilitation Single Room incomes differ from OMB-defined area Comments. All comments and Occupancy Program; Fiscal Year 2007 median family incomes by more than 5 communications submitted to HUD will AGENCY: Office of the Assistant percent. The FMR estimates have been be available, without change, for public Secretary for Policy Development and trended to April 2007, the mid-point of inspection and copying between 8 a.m. Research, HUD. FY2007. and 5 p.m. weekdays at the above address. Due to security measures at the ACTION: Notice of Proposed Fiscal Year DATES: Comments Due Date: August 1, 2006. HUD Headquarters building, an advance (FY) 2007 Fair Market Rents (FMRs). appointment to review the public ADDRESSES: Interested persons are SUMMARY: Section 8(c)(1) of the United invited to submit comments regarding comments must be scheduled by calling States Housing Act of 1937 (USHA) HUD’s estimates of the FMRs as the Regulations Division at (202) 708– requires the Secretary to publish FMRs published in this notice to the Office of 3055 (this is not a toll-free number). periodically, but not less than annually, the General Counsel, Rules Docket Copies of all comments submitted are adjusted to be effective on October 1 of Clerk, Department of Housing and available for inspection and each year. Today’s notice proposes Urban Development, 451 Seventh Street, downloading at http:// FMRs for FY2007. The proposed SW., Room 10276, Washington, DC www.regulations.gov. numbers would amend FMR schedules 20410–0001. Communications should FOR FURTHER INFORMATION CONTACT: For used to determine payment standard refer to the above docket number and technical information on the amounts for the Housing Choice title and should contain the information methodology used to develop fair Voucher program, to determine initial specified in the ‘‘Request for market rents or a listing of all fair renewal rents for some expiring project- Comments’’ section. market rents, please call the HUD USER based Section 8 contracts, and to Submission of Hard Copy Comments. information line at 800–245–2691 or determine initial rents for housing To ensure that the information is fully access the information on the HUD Web assistance payment (HAP) contracts in considered by all of the reviewers, each site, http://www.huduser.org/datasets/ the Moderate Rehabilitation Single commenter that is submitting hard copy fmr.html. FMRs are listed at the 40th or Room Occupancy program. Other comments, by mail or by hand delivery, 50th percentile in Schedule B. For programs may require use of FMRs for is requested to submit two copies of its informational purposes, 40th percentile other purposes. comments to the address above, one recent mover rents for the areas with The proposed FY2007 FMRs continue addressed to the attention of the Rules 50th percentile FMRs will be provided to use the revised Office of Management Docket Clerk and the other addressed to in the HUD FY2007 FMR and Budget (OMB) area definitions that the attention of Economic and Market documentation system at: http:// were issued in 2003 and were used in Analysis Division staff in the www.huduser.org/datasets/fmr/fmrs/ establishing FY2006 FMR areas and appropriate HUD field office. Due to index.asp?data=fmr07. Any questions FMRs. They also continue to use the security measures at all Federal related to use of FMRs or voucher same calculation methodology. They agencies, submission of comments by payment standards should be directed differ, however, in that a limited mail often result in delayed delivery. To to the respective local HUD program number of additional modifications to ensure timely receipt of comments, staff. Questions on how to conduct FMR the county-based statistical areas as HUD recommends that any comments surveys or further methodological defined by OMB have been made in submitted by mail be submitted at least explanations may be addressed to Marie response to public comments received two weeks in advance of the public L. Lihn or Lynn A. Rodgers, Economic on the December 16, 2005, Federal comment deadline to ensure timely and Market Analysis Division, Office of Register notice on the proposed FY2006 receipt by HUD. Economic Affairs, Office of Policy income limit calculation methodology. Electronic Submission of Comments. Development and Research, telephone In the FY2006 FMRs, HUD Since July 2004, HUD has been able to (202) 708–0590. Persons with hearing or disaggregated OMB-defined areas when receive comments electronically. speech impairments may access this the FMRs of their components as Interested persons may now submit number through TTY by calling the toll- defined by FY2005 FMR areas differed comments electronically through the free Federal Information Relay Service by more than 5 percent to better reflect Federal eRulemaking Portal at http:// at (800) 877–8339. (Other than the HUD housing market relationships. Most www.regulations.gov. HUD strongly USER information line and TDD FY2006 FMR areas consisting of encourages commenters to submit numbers, telephone numbers are not toll multiple FY2005 FMR areas after the 5 comments electronically. Electronic free.) percent test was applied to rents had submission of comments allows the SUPPLEMENTARY INFORMATION: similar income limits among the commenter maximum time to prepare component parts. A few such areas and submit a comment, ensures timely I. Background would have substantial declines in receipt by HUD, and enables HUD to Section 8 of the USHA (42 U.S.C. income limits for some of their make them immediately available to the 1437f) authorizes housing assistance to component parts under the FY2006 public. Comments submitted aid lower income families in renting FMR area definitions. Income limit electronically through the http:// safe and decent housing. Housing decreases are disruptive to certain HUD www.regulations.gov Web site can be assistance payments are limited by and other Federal housing subsidy viewed by other commenters and FMRs established by HUD for different programs. Income limit areas generally interested members of the public. areas. In the Housing Choice Voucher have the same boundaries as FMR areas. Commenters should follow the program, the FMR is the basis for

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determining the ‘‘payment standard 50th percentile FMRs, that area is and/or formerly nonmetropolitan amount’’ used to calculate the eligible to use 50th percentile FMRs for counties after the 5 percent test was maximum monthly subsidy for an a period of three years. In a notice applied to rents had similar income assisted family (see 24 CFR 982.503). In published February 14, 2006, HUD limits among the component parts. A general, the FMR for an area is the designated the 24 areas determined few such areas would have substantial amount that would be needed to pay the eligible for the 50th percentile FMRs, declines in income limits for some of gross rent (shelter rent plus utilities) of and these changes became effective on their component parts under the privately owned, decent, and safe rental March 1, 2006 (see http:// FY2006 FMR area definitions. Income housing of a modest (non-luxury) nature www.huduser.org/datasets/fmr.html for limit decreases are disruptive to certain with suitable amenities. In addition, all further information on the designation HUD and other federal housing subsidy rents subsidized under the Housing of 50th percentile FMR areas). These programs where unit rents are tied to Choice Voucher program must meet areas will not be evaluated for three current income limits. HUD, therefore, reasonable rent standards. The interim years. Of the areas that did not meet the generally does not allow income limits rule published on October 2, 2000 (65 test for continued use of 50th percentile to fall—a ‘‘hold harmless’’ policy. FR 58870), established 50th percentile FMRs, HUD found only one area Without an income limit hold harmless FMRs for certain areas. ineligible because of lack of progress in policy, program rent revenue in Electronic Data Availability: This alleviating concentration of voucher subsidized rental projects with rents Federal Register notice is available tenants, the Bergen-Passaic metropolitan tied to income limits may fall below electronically from the HUD news page: area. This area is ineligible to use FMRs expense and debt service levels http://www.hudclips.org. Federal set at the 50th percentile for the next potentially leading to default on debt or Register notices also are available three years, however, it may be eligible departure from the program. Income electronically from the U.S. Government for a higher payment standard, as limit areas generally have the same Printing Office Web site: http:// discussed in 24 CFR 982.503(f). All boundaries as FMR areas (the only www.gpoaccess.gov/fr/index.html. other areas are evaluated annually to difference being statutorily mandated Complete documentation of the determine if they become newly exceptions). In order to minimize large methodology and data used to compute eligible. changes in income limits in these each area’s Proposed FY2007 FMRs is The following areas have been combined areas with similar rents but available at: http://www.huduser.org/ determined to be newly eligible based differing income levels, HUD is datasets/fmr/fmrs/ on the rules specified in the February proposing for the FY2007 FMRs to index.asp?data=fmr07. 14, 2006, notice and on Housing Choice create separate FMR areas for any parts Voucher program data as of December of old metropolitan areas, or formerly II. Procedures for the Development of 31, 2005: Dallas, TX HMFA, Fort nonmetropolitan counties, that would FMRs Lauderdale, FL HMFA, San Diego- have: More than a 5 percent increase or Section 8(c) of the USHA requires the Carlsbad-San Marcos, CA MSA, West decrease in their 2000 Census base area Secretary of HUD to publish FMRs Palm Beach-Boca Raton, FL HMFA. median family income as a result of periodically, but not less frequently III. FMR Methodology implementing the new OMB definitions; than annually. Section 8(c) states in part and a sufficiently large sample of 2000 as follows: The proposed FY2007 FMRs generally Census recent mover rents to compute follow the same calculation an individual FMR. Proposed fair market rentals for an area methodology used for FY2006, but The addition of the 2000 Census base shall be published in the Federal Register include a limited number of changes in median family income analysis can have with reasonable time for public comment and metropolitan area definitions resulting shall become effective upon the date of three possible effects on an FMR area publication in final form in the Federal from an alteration in HUD’s formula for and its FMRs as defined in FY2006: (1) Register. Each fair market rental in effect dividing OMB-defined metropolitan A new sub-area may be formed e.g., under this subsection shall be adjusted to be areas. HUD continues to use the most Kendall County, IL HMFA removed effective on October 1 of each year to reflect recent core-based metropolitan from the Chicago-Naperville-Joliet, IL changes, based on the most recent available statistical areas in calculating FMRs as HMFA); (2) an existing sub-area may be data trended so the rentals will be current for defined by OMB in OMB Bulletin 06– assigned its own 2000 Census base rent the year to which they apply, of rents for 01 with some modifications that instead of the CBSA base rent (e.g., existing or newly constructed rental dwelling disaggregate some OMB areas (see Danbury, CT HMFA); or (3) an existing units, as the case may be, of various sizes and http://www.whitehouse.gov/omb/ types in this section. sub-area may lose a component which bulletins/fy2006/b06-01.pdf). The most affects the computation of the sub-area’s HUD’s regulations at 24 CFR part 888 recent OMB definitions have been 2000-to-2005 update factor (e.g., provide that HUD will develop implemented with modifications Youngstown-Warren-Boardman, OH proposed FMRs, publish them for public intended to minimize changes in both HMFA lost the new Sharon, PA HMFA). comment, provide a public comment FMRs and income limits due solely to A complete list of changes from the period of at least 30 days, analyze the the use of the most recent OMB FY2006 FMRs due to the use of the 2000 comments, and publish final FMRs. (See definitions. All proposed metropolitan Census Base Median Family Income 24 CFR 888.115.) FMR areas consist of areas within OMB comparison in forming metropolitan In addition, HUD’s regulations at 24 metropolitan areas. The FY2006 FMRs sub-areas is provided in subsection F CFR 888.113 set out procedures for HUD created separate FMR areas for any parts below. to assess whether areas are eligible for of old metropolitan areas, or formerly For nonmetropolitan areas, FMRs FMRs at the 50th percentile and, for nonmetropolitan counties, that would continue to be calculated at the county areas that were formerly eligible for have more than a 5 percent increase or level. FMRs at the 50th percentile three years decrease in their 2000 Census base 40th ago, whether these areas continue to percentile 2-bedroom rent as a result of A. Data Sources: 2000 Census Base remain eligible to use 50th percentile implementing the new OMB definitions. Rents FMRs. The regulations provide that Most FY2006 FMR areas consisting of FY2005 FMRs were benchmarked for once an area is determined eligible for multiple parts of old metropolitan areas most areas using 2000 Decennial Census

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data, which served to correct estimation data could then be used for calendar to believe may have unusual rent errors that accumulated since 1994 years 2001, 2002, and 2003. Trending to movements. One RDD was completed in when FMRs were benchmarked with cover the period from December 2003 to time for publication of FY2007 1990 Decennial Census data. At HUD’s April 1, 2005, was then needed. An proposed FMRs. The RDD for Miami- request, the Census Bureau prepared a annual trending factor of 3 percent, Miami Beach-Kendall, FL HMFA publicly-releasable data file that permits based on the average annual increase in indicated an increase in the 2-bedroom almost exact replication of HUD’s 2000 the median Census gross rent between FMR from $937 to $1,018. HUD is Census base rent calculations in all 1990 and 2000, was used to update conducting special RDD surveys in areas except those with few rental units. estimates from the end of 2003 (i.e., the several Gulf Coast FMR areas using a This data set is located on HUD’s HUD last date for which CPI data were special protocol to detect possible USER Web site at: http:// available) until the midpoint of the changes in rents since Hurricanes www.huduser.org/datasets/fmr/ fiscal year in which the estimates were Katrina and Rita. The addition of the CensusRentData/index.html. An area- used. The 15-month trending factor was post-hurricane protocols delayed results specific explanation of how FY2005 3.75 percent (3 percent times 15/12). of these surveys so they are not FMRs were benchmarked to the 2000 For areas without local CPI surveys, available for inclusion in this notice. Census and updated can be found at the same process was used except that Significant changes in rents revealed by http://www.huduser.org/datasets/fmr/ regional RDD survey data were these surveys will be included in final fmrs/index.asp?data=docs. substituted for CPI data. Regional RDD FY2007 FMRs. The proposed FY2007 FMRs are also surveys were done for 20 areas—the The area-specific data and benchmarked to the 2000 Census. The metropolitan and non-metropolitan part computations used to determine FMR 2000 Census base rents computed for of each of the 10 HUD regions. Areas area definitions and calculate proposed the proposed FY2007 FMRs use the covered by CPI metropolitan surveys FY2007 FMRs can be found at http:// same computational techniques as used were excluded from the RDD www.huduser.org/datasets/fmr/fmrs/ in the FY2005 benchmarking. The 2000 metropolitan regional surveys. index.asp?data=fmr07. Census base rents for old FMR areas are HUD also conducted random digit used, along with the Revised Final dialing telephone surveys for selected D. Large Bedroom Rents areas and incorporated these into FMR FY2005 FMRs, to determine the 2000 to FMR estimates are calculated for two- update factors. The specific 2000-to- 2005 portion of the 2000 to 2007 update bedroom units. This is generally the 2005 update factors that apply to each factor for the new FMR areas. CPI gross most common size of rental units, and rent and utility indexes are used for the FY2007 FMR area’s constituent parts are therefore the most reliable to survey and remainder. A publicly releasable version described at http://www.huduser.org/ analyze. After each decennial Census, of the data used in preparing the datasets/fmr/fmrs/ rent relationships between two-bedroom proposed FY2007 FMRs is available at index.asp?data=fmr07. units and other unit sizes are calculated the following Web site: http:// C. Updates From 2005 to Proposed and used to set FMRs for other units. www.huduser.org/datasets/fmr/fmrs/ FY2007 This is done because it is much easier index.asp?data=fmr07. After using the old FMR area data to to update two-bedroom estimates and to B. FMR Updates: 2000 Census to 2005 update rents to 2005, metropolitan area use pre-established cost relationships For the new FMR areas, used in the and non-metropolitan county update with other bedroom sizes than it is to FY2006 FMRs and revised for the factors from 2005 to 2007 are applied to develop independent FMR estimates for proposed FY2007 FMRs, update factors derive the proposed FY2007 FMRs. All each bedroom size. This was last done from the 2000 Census base rent to 2005 new FMR areas that are parts of new using 2000 Census data. A publicly are computed using weighted average metropolitan areas are generally releasable version of the data file used update factors derived from Old FMR updated with the same metropolitan that permits derivations of rent ratios is Area Revised Final FY2005 FMRs, Old area-level 2005 to 2007 update factor. available at http://www.huduser.org/ FMR Area 2000 Census Base Rents and Specifically, local CPI data is used to datasets/fmr/CensusRentData/ 2000 Census 100 Percent Population move rents from the end of 2003 to the index.html. Counts as described at http:// end of 2005 and the same 15-month The rents for three-bedroom and www.huduser.org/datasets/fmr/fmrs/ trending factor is then applied. Regional larger units continue to reflect HUD’s index.asp?data=fmr07. RDDs, however, were not conducted in policy to set higher rents for these units After 2000 Census base rent estimates 2004 or 2005 in anticipation of the than would result from using normal were established for each old FMR area arrival of American Community Survey market rents. This adjustment is and bedroom size; they are updated (ACS) data. Therefore, for proposed intended to increase the likelihood that from the estimated Census date of April FY2007 FMRs, Census region level CPI the largest families, who have the most 1, 2000 to April 1, 2005 (the midpoint data for Class B and C size cities is being difficulty in leasing units, will be of FY2005). Update factors for the used to update areas without local CPI successful in finding eligible program period were based either on the area- update factors. Data from the 2005 ACS units. The adjustment adds bonuses of specific Consumer Price Index (CPI) will be used to replace regional CPI data 8.7 percent to the unadjusted three- survey data that were available for the if it becomes available in time for bedroom FMR estimates and adds 7.7 largest metropolitan areas or on HUD inclusion in the final FY2007 percent to the unadjusted four-bedroom random digit dialing (RDD) survey data publication. Once full-scale ACS data FMR estimates. The FMRs for unit sizes by region. collections become available in the larger than four bedrooms are calculated For areas with local CPI surveys, CPI latter part of 2006, sample sizes will be by adding 15 percent to the four- annual data on rents and utilities were large enough to estimate FMRs for the bedroom FMR for each extra bedroom. used to update the Census rent larger metropolitan areas on an annual For example, the FMR for a five- estimates. Three-quarters of the 2000 basis and for other areas on a two- to bedroom unit is 1.15 times the four- CPI change factor was used to bring the four-year basis. bedroom FMR, and the FMR for a six- FMR estimates forward from April to Random digit dialing (RDD) surveys bedroom unit is 1.30 times the four- December of 2000. Annual CPI survey are conducted for areas HUD has reason bedroom FMR. FMRs for single-room

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occupancy units are 0.75 times the zero- markets within some of these areas base median family income bedroom (efficiency) FMR. based on differences in rents and differentials. A further adjustment was made using incomes measured in 2000, the new 2000 Census data in establishing rent MSAs are probably better reflections of F. FMR Area Changes Resulting From ratios for areas with local bedroom-size current rental housing markets than of 2000 Census Base Median Family intervals above or below what are 2000 rental housing markets, and will Income Comparisons considered to be reasonable ranges or be shown to be increasingly good For this notice, HUD created separate where sample sizes are inadequate to approximations of housing markets as FMR areas based on 2000 Census base accurately measure bedroom rent more data are gathered in the future. median family incomes for any parts of differentials. Experience has shown that Therefore, future updates to FMRs will old metropolitan areas, or formerly highly unusual bedroom ratios typically be made at the metropolitan area level nonmetropolitan counties, that have a reflect inadequate sample sizes or and applied to all FMR areas within differential of more than 5 percent from peculiar local circumstances that HUD metropolitan areas where they have the current OMB area 2000 Census base would not want to utilize in setting been separately designated. median family income. The limited HUD-funded random digit dialing FMRs (e.g., luxury efficiency apartments number of areas in question did not (RDD) telephone surveys will generally in New York City that rent for more than qualify as separate areas based on the be conducted at the metropolitan area typical one-bedroom units). Bedroom 2000 Census base rent analysis that was level and compared to the metropolitan interval ranges were established based used to determine FMR areas in area rent estimate to see if adjustments on an analysis of the range of such FY2006. Therefore, these areas should need to be made. If an RDD indicates intervals for all areas with large enough not have substantial increases or that a metropolitan area rent needs to be samples to permit accurate bedroom decreases in their FMRs if they are ratio determinations. The ranges used changed, the metropolitan area-level change factor will be computed and treated as separate income limit/FMR were: Efficiency units are constrained to sub-areas. The addition of the 2000 fall between 0.65 and 0.83 of the two- applied to FMR area FMRs within the metropolitan area. HUD will accept Census base median family income bedroom FMR; one-bedroom units must analysis can have three possible effects be between 0.76 and 0.90 of the two- information supplied by local housing authorities to make adjustments to on an FMR area and its FMRs as defined bedroom unit; three-bedroom units must in FY2006: (1) A new sub-area may be be between 1.10 and 1.34 of the two- FMRs. The release of 2005 Census American formed; (2) an existing sub-area may be bedroom unit; and four-bedroom units assigned its own 2000 Census base rent must be between 1.14 and 1.63 of the Community Survey data later this year will initiate a major change in FMR instead of the CBSA base rent; or (3) an two-bedroom unit. Bedroom rents for a existing sub-area may lose a component given FMR area were then adjusted if calculations. Starting in 2005, the Census fully implemented ACS surveys, which affects the computation of the the differentials between bedroom-size sub-area’s 2000-to-2005 update factor. FMRs were inconsistent with normally which are annual surveys that collect observed patterns (e.g., efficiency rents essentially all of the data that were The table below provides a list of the were not allowed to be higher than one- collected on the 2000 Census long form areas affected by this new approach. It bedroom rents and four-bedroom rents (sample survey). The surveys are large compares the FY2006 FMR to the were set at a minimum of 3 percent enough to provide annual FMR Revised FY2006 Rent that reflects the higher than three-bedroom rents). estimates for large metropolitan areas, impact of the 2000 Census base median For low-population, non-metropolitan and two or more years of data can be family income comparison for the new counties with small Census recent- combined to provide reliable estimates metropolitan area and its former FMR mover rent samples, Census-defined for smaller areas. The ACS offers more area components. The difference shown county group data were used in current and accurate rent data than have is the difference between the currently determining rents for each bedroom ever been systematically available for effective FY2006 FMR and what it size. This adjustment was made to calculating FMRs. HUD will re- would have been if the new area had protect against unrealistically high or benchmark all metropolitan areas and been used to calculate FY2006 FMRs low FMRs due to insufficient sample FMR areas when sufficient ACS or other (the FY2006 Equivalent Rent with sizes. The areas covered by this new data are available to estimate rents at the Income Comparison). The FY2006 estimation method had less than the same level of accuracy for all FMR Equivalent Rent, which is provided for HUD standard of 200 two-bedroom areas. To the extent such detailed data informational purposes only and is not Census-tabulated observations. are available, the FY2007 separation of intended to be effective, provides the sub-areas within metropolitan areas will link between the current and the E. Future FMR Annual Updates be re-examined to determine if FMR proposed FMRs for an area. For a HUD believes the current OMB area base rents and median family complete explanation of how each FMR definitions of metropolitan statistical incomes from the new survey are area definition is determined and how areas (MSAs) are reasonable definitions sufficiently different to warrant their the proposed FY2007 FMRs for the area of housing markets whose relevance continued separation within the are computed, see http:// will increase with time. That is, while metropolitan area for areas separated www.huduser.org/datasets/fmr/fmrs/ HUD makes distinctions among housing based on 2000 Census base rent and index.asp?data=fmr07.

AREAS CHANGED BY 2000 CENSUS BASE MEDIAN FAMILY INCOME COMPARISON

Final FY2006 FY2006 FY2006 FMR quivalent rent quivalent rent Proposed Areas (no income with income less final FY2007 FMR comparison) comparison FY2006 FMR

Areas Changed From CBSA Base to Sub-Area Base

Bangor, ME HMFA ...... 642 670 28 704

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AREAS CHANGED BY 2000 CENSUS BASE MEDIAN FAMILY INCOME COMPARISON—Continued

Final FY2006 FY2006 FY2006 FMR quivalent rent quivalent rent Proposed Areas (no income with income less final FY2007 FMR comparison) comparison FY2006 FMR

Bloomington, IN HMFA ...... 621 648 27 668 Danbury, CT HMFA ...... 1148 1195 47 1267 Hagerstown, MD HMFA ...... 629 639 10 673 Iowa City, IA HMFA ...... 653 662 9 682 Jefferson City, MO HMFA ...... 504 507 3 522 Jonesboro, AR HMFA ...... 490 503 13 523 Manchester, NH HMFA ...... 1013 966 ¥47 1001 Miami-Miami Beach-Kendall, FL HMFA ...... 911 883 ¥28 1 1018 New York, NY HMFA ...... 1133 1123 ¥10 1189 San Juan-Guaynabo, PR HMFA ...... 403 2 486 83 506

New Sub-Areas

Kendall County, IL HMFA ...... 901 878 ¥23 911 Union County, OH HMFA ...... 655 691 36 712 Martinsburg, WV HMFA ...... 629 622 ¥7 655 Calloway County, MO HMFA ...... 504 503 ¥1 518 Shelby County, KY HMFA ...... 563 580 17 602 Monroe County, GA HMFA ...... 542 524 ¥18 545 Fort Lauderdale, FL HMFA * ...... 911 993 82 1054 West Palm Beach-Boca Raton, FL HMFA * ...... 911 996 85 1057 Monmouth-Ocean, NJ HMFA ...... 1133 1105 ¥28 1170 Sharon, PA HMFA ...... 541 543 2 562

Areas Whose Rent Changed Solely Due to Loss of Part to New Sub-Area and Its Effect on Update Factors

Columbus, OH HMFA ...... 655 654 ¥1 674 Louisville, KY–IN HMFA ...... 563 562 ¥1 584 Youngstown-Warren-Boardman, OH HMFA ...... 541 539 ¥2 558 1 Includes an RDD-based adjustment. 2 This rent includes the results of the Puerto Rico RDD revision described in a separate notice published June 2, 2006 at 71 FR 32123–4. * Also becomes 50th percentile FMR area in FY2007.

IV. Manufactured Home Space Surveys justify higher than standard space rental methodology for smaller, The FMR used to establish payment FMRs if they believe higher space rental nonmetropolitan PHAs. This standard amounts for the rental of allowances are needed. methodology is designed to be simple enough to be done by the PHA itself, manufactured home spaces in the V. Request For Public Comments Housing Choice Voucher program is 40 rather than by professional survey percent of the FMR for a two-bedroom HUD seeks public comments on FMR organizations, at a cost of $5,000 or less. unit. HUD will consider modification of levels for specific areas. Comments on PHAs in nonmetropolitan areas may, the manufactured home space FMRs FMR levels must include sufficient in certain circumstances, conduct where public comments present information (including local data and a surveys of groups of counties. HUD statistically valid survey data showing full description of the rental housing must approve all county-grouped the 40th percentile manufactured home survey methodology used) to justify any surveys in advance. PHAs are cautioned space rent (including the cost of proposed changes. Changes may be that the resulting FMRs will not be utilities) for the entire FMR area. proposed in all or any one or more of identical for the counties surveyed; each All approved exceptions to these rents the unit-size categories on the schedule. individual FMR area will have a that were in effect in FY2006 were Recommendations and supporting data separate FMR based on the relationship updated to FY2007 using the same data must reflect the rent levels that exist of rents in that area to the combined used to estimate the Housing Choice within the entire FMR area. rents in the cluster of FMR areas. In Voucher program FMRs if the respective For the supporting data, HUD addition, PHAs are advised that FMR area’s definition had remained the recommends the use of professionally counties whose FMRs are based on the same. If the result of this computation conducted RDD telephone surveys to combined rents in the cluster of FMR was higher than 40 percent of the re- test the accuracy of FMRs for areas areas will not have their FMRs revised benchmarked two-bedroom rent, the where there is a sufficient number of unless the grouped survey results show exception remains and is listed in Section 8 units to justify the survey cost a revised FMR above the combined rent Schedule D. The FMR area definitions of approximately $20,000 to $30,000. level. used for the rental of manufactured Areas with 500 or more program units PHAs that plan to use the RDD survey home spaces are the same as the area usually meet this cost criterion, and technique should obtain a copy of the definitions used for the other FMRs. areas with fewer units may meet it if appropriate survey guide. Larger PHAs Areas with definitional changes that actual rents for two-bedroom units are should request HUD’s survey guide previously had exception manufactured significantly different from the FMRs entitled ‘‘Random Digit Dialing Surveys; housing space rental FMRs are proposed by HUD. In addition, HUD has A Guide to Assist Larger Public Housing requested to submit new surveys to developed a version of the RDD survey Agencies in Preparing Fair Market Rent

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Comments.’’ Smaller PHAs should Dated: May 30, 2006. outside of 1999 definition MSAs/ obtain the guide entitled ‘‘Rental Darlene F. Williams, PMSAs referred to as non-metropolitan Housing Surveys; A Guide to Assist Assistant Secretary for Policy Development counties.) Sub-areas of MSAs are Smaller Public Housing Agencies in and Research. assigned their own FMRs when the sub- Preparing Fair Market Rent Comments.’’ area 2000 Census Base Rent differs by at Fair Market Rents for the Housing These guides are available from HUD least 5 percent from (i.e., is at most 95 Choice Voucher Program USER on 800–245–2691, or from HUD’s percent or at least 105 percent of) the Web site, in Microsoft Word or Adobe Schedules B and D—General MSA 2000 Census Base Rent, or when Acrobat format, at the following Explanatory Notes the 2000 Census Median Family Income address: http://www.huduser.org/ 1. Geographic Coverage for the sub-area differs by at least 5 datasets/fmr.html. percent from the MSA 2000 Census Other survey methodologies are a. Metropolitan Areas—FMRs are Median Family Income. MSA sub-areas, acceptable in providing data to support market-wide rent estimates that are and the remaining portions of MSAs comments, if the survey methodology intended to provide housing after sub-areas have been determined, can provide statistically reliable, opportunities throughout the geographic are referred to as HUD Metro FMR Areas unbiased estimates of the gross rent. area in which rental-housing units are (HMFAs) to distinguish these areas from Survey samples should preferably be in direct competition. The proposed OMB’s official definition of MSAs. randomly drawn from a complete list of FY2007 FMRs reflect a change in The specific counties and New rental units for the FMR area. If this is metropolitan area definitions. HUD is England towns and cities within each not feasible, the selected sample must using the metropolitan Core-Based state in MSAs and HMFAs are listed in be drawn to be statistically Statistical Areas (CBSA), which are the FMR tables. representative of the entire rental made up of one or more counties, as housing stock of the FMR area. Surveys defined by the Office of Management 2. Bedroom Size Adjustments must include units at all rent levels and and Budget, with some modifications. Schedules B shows the FMRs for 0- be representative by structure type HUD is generally assigning separate bedroom through 4-bedroom units. The (including single-family, duplex, and FMRs to the component counties of FMRs for unit sizes larger than 4 other small rental properties), age of CBSA Micropolitan Areas. bedrooms are calculated by adding 15 housing unit, and geographic location. b. Modifications to OMB Definitions— percent to the 4-bedroom FMR for each The decennial Census should be used as Following OMB guidance, the extra bedroom. For example, the FMR a means of verifying if a sample is estimation procedure for the FY2007 for a 5-bedroom unit is 1.15 times the representative of the FMR area’s rental proposed FMRs incorporates the current 4-bedroom FMR, and the FMR for a 6- housing stock. OMB definitions of metropolitan areas bedroom unit is 1.30 times the 4- Most surveys cover only one- and based on the Core-Based Statistical Area bedroom FMR. FMRs for single-room- two-bedroom units, which has statistical (CBSA) standards as implemented with occupancy (SRO) units are 0.75 times advantages. If the survey is statistically 2000 Census data, but makes the 0-bedroom FMR. acceptable, HUD will estimate FMRs for adjustments to the definitions to other bedroom sizes using ratios based separate subparts of these areas where 3. Arrangement of FMR Areas and on the decennial Census. A PHA or FMRs or median incomes would Identification of Constituent Parts contractor that cannot obtain the otherwise change significantly if the a. The FMR areas in Schedule B are recommended number of sample new area definitions were used without listed alphabetically by metropolitan responses after reasonable efforts should modification. In CBSAs where sub-areas FMR area and by nonmetropolitan consult with HUD before abandoning its are established, it is HUD’s view that the county within each state. The exception survey; in such situations HUD is geographic extent of the housing FMRs for manufactured home spaces in prepared to relax normal sample size markets are not yet the same as the Schedule D are listed alphabetically by requirements. geographic extent of the CBSAs, but state. may become so in the future as the HUD will consider increasing b. The constituent counties (and New social and economic integration of the manufactured home space FMRs where England towns and cities) included in CBSA component areas increases. public comment demonstrates that 40 each metropolitan FMR area are listed Modifications to metropolitan CBSA percent of the two-bedroom FMR is not immediately following the listings of the definitions are made according to a adequate. In order to be accepted as a FMR dollar amounts. All constituent formula as described below. basis for revising the manufactured parts of a metropolitan FMR area that Metropolitan Areas CBSAs (referred home space FMRs, comments must are in more than one state can be to as Metropolitan Statistical Areas or include a pad rental survey of the identified by consulting the listings for MSAs) may be modified to allow for mobile home parks in the area, identify each applicable state. the utilities included in each park’s sub-area FMRs within MSAs based on c. Two nonmetropolitan counties are rental fee, and provide a copy of the the boundaries of old FMR areas (OFAs) listed alphabetically on each line of the applicable public housing authority’s within the boundaries of new MSAs. nonmetropolitan county listings. utility schedule. (OFAs are the FMR areas defined for the Accordingly, the Fair Market Rent FY2005 FMRs. Collectively they include d. The New England towns and cities Schedules, which will not be codified in 1999 definition MSAs/PMSAs, metro included in a nonmetropolitan part of a 24 CFR part 888, are proposed to be counties deleted from 1999 definition county are listed immediately following amended as shown in the Appendix to MSAs/PMSAs by HUD for FMR the county name. this notice: purposes, and counties and county parts BILLING CODE 4210–67–P

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[FR Doc. 06–5411 Filed 6–14–06; 8:45 am] BILLING CODE 4210–67–C

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Reader Aids Federal Register Vol. 71, No. 115 Thursday, June 15, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 32...... 34024 Presidential Documents 3 CFR 35...... 34285 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 8026...... 32799 11 CFR 8027...... 32801 109...... 33190 Other Services 8028...... 33373 Electronic and on-line services (voice) 741–6020 8029...... 33589 12 CFR Privacy Act Compilation 741–6064 8030...... 33591 229...... 32265 Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 13222 (See 611...... 34549 Memorandum of 612...... 34549 May 12, 2006)...... 31909 613...... 34549 ELECTRONIC RESEARCH 13404...... 33593 614...... 34549 World Wide Web Administrative Orders: 1732...... 31121 Memorandums: 13 CFR Full text of the daily Federal Register, CFR and other publications Memorandum of May is located at: http://www.gpoaccess.gov/nara/index.html 12, 2006 ...... 31909 Proposed Rules: Federal Register information and research tools, including Public 121...... 34550 Inspection List, indexes, and links to GPO Access are located at: 5 CFR 125...... 34550 http://www.archives. gov/federallregister/ 211...... 33375 127...... 34550 1201...... 34231 E-mail 14 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 6 CFR 23 ...... 34235, 34237, 34517 an open e-mail service that provides subscribers with a digital 25...... 33147 39 ...... 31070, 31918, 32266, form of the Federal Register Table of Contents. The digital form 32268, 32427, 32434, 32807, 7 CFR of the Federal Register Table of Contents includes HTML and 32811, 32815, 32818, 33595, PDF links to the full text of each document. 205...... 32803 33598, 33600, 33602, 33604, 272...... 33376 33606, 33608, 33611, 33614, To join or leave, go to http://listserv.access.gpo.gov and select 273...... 33376 33992, 33994, 34000, 34003, Online mailing list archives, FEDREGTOC-L, Join or leave the list 301...... 33168 34004, 34006 (or change settings); then follow the instructions. 319...... 33172 71 ...... 31919, 31920, 32270, PENS (Public Law Electronic Notification Service) is an e-mail 955...... 34507 32271, 32822, 32823, 32824, service that notifies subscribers of recently enacted laws. 979...... 33178 32825, 32826 97...... 34243, 34245 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1210...... 34232 121...... 31921 and select Join or leave the list (or change settings); then follow 1410...... 31915 the instructions. 1421...... 32415 Proposed Rules: 1427...... 32415 23...... 34288, 34292 FEDREGTOC-L and PENS are mailing lists only. We cannot 1980...... 33181 39 ...... 31978, 31980, 32484, respond to specific inquiries. 4279...... 33181 32487, 32489, 32491, 32492, Reference questions. Send questions and comments about the 32873, 33260, 33262, 33264, Federal Register system to: [email protected] 8 CFR 33267, 33270, 33412, 33658, 33661, 33663, 34025, 34026, The Federal Register staff cannot interpret specific documents or 274a...... 34510 34563 regulations. Proposed Rules: 274a...... 34281 71 ...... 31983, 32876, 33665, 33666, 33667, 34296 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, JUNE 77...... 34028 250...... 33344 91...... 32877 3411...... 32479 31069–31914...... 1 121...... 32877 31915–32264...... 2 9 CFR 125...... 32877 32265–32414...... 5 135...... 32877 93...... 31069, 34517 32415–32800...... 6 94...... 31069 15 CFR 32801–33146...... 7 Proposed Rules: 33147–33374...... 8 4...... 31073 94...... 34537 736...... 32272, 33211 33375–33592...... 9 160...... 31109 738...... 33614 33593–33988...... 12 161...... 31109 742...... 33614 33989–34230...... 13 162...... 31109 744...... 32272, 33211 34231–34506...... 14 10 CFR 745...... 33614 34507–34786...... 15 756...... 34008 73...... 33989 774...... 33614 170...... 33190 902...... 33211 171...... 33190 Proposed Rules: 16 CFR 20...... 34024 410...... 34247

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Proposed Rules: 203...... 32392 37 CFR Proposed Rules: 18...... 34045 291...... 32392 201...... 31089 67...... 33672, 33702 437...... 31124 3282...... 34464 202...... 31089 Ch. II ...... 32882 3286...... 34476 212...... 31089 47 CFR 17 CFR 25 CFR Proposed Rules: 1...... 34272 1...... 32285 200...... 33384 27...... 34420 Proposed Rules: 41...... 32285 502...... 33668 73 ...... 32853, 32854, 34279 18 CFR 546...... 33668 40 CFR Proposed Rules: 64...... 31131 Proposed Rules: 51...... 31092 73...... 32909, 34298 35...... 32636, 33102 26 CFR 52 ...... 31093, 31097, 32274, 37...... 32636 1 ...... 31074, 31268, 32437, 32448, 33622, 33625, 34011, 366...... 31125 33239, 34009 34014, 34257, 34259 48 CFR 367...... 31125 602...... 31268, 34009 60...... 31100, 33388 368...... 31125 1532...... 32282 Proposed Rules: 61...... 32276 1552...... 32282 369...... 31125 1 ...... 31128, 31985, 32495, 69...... 32450 375...... 31125 33273, 34046, 34047 80...... 31947 49 CFR 19 CFR 82...... 32840 27 CFR 93...... 31092 107...... 33858 101...... 33235 9 ...... 33239, 34522, 34525, 122...... 33628 171...... 32244, 33858 141...... 31921 34527 155...... 34262 172...... 32244, 33858 142...... 31921 180 ...... 31102, 32841, 32846, 173...... 32244, 33858 Proposed Rules: 29 CFR 32849, 34263, 34267 175...... 32244 12...... 31125 458...... 31929 372...... 32464 178...... 33858 704...... 33640 180...... 33858 20 CFR 4000...... 31077 4006...... 31077 707...... 33640 192...... 33402 Proposed Rules: 4007...... 31077 717...... 33640 193...... 33402 401...... 32494 4022...... 34532 720...... 33640 195...... 33402 402...... 32494 4044...... 34532 721...... 33640, 34015 571...... 32855 723...... 33640 1544...... 31964 21 CFR 30 CFR 761...... 33630 1546...... 31964 50...... 32827 57...... 33387 790...... 33640 1548...... 31964, 33254 73...... 31927 925...... 33243 799...... 33640 Proposed Rules: 203...... 34249 943...... 34251 Proposed Rules: 173...... 32909 520...... 33236, 33237 944...... 33249 52 ...... 31129, 32291, 33413, 604...... 32496 522...... 32436 Proposed Rules: 33668, 33669, 34050, 34297 613...... 33510 558...... 31073, 34519 60...... 32885, 33804 655...... 32298 874...... 32832 924...... 33273 948...... 31996 63...... 33804, 34422 22 CFR 70...... 32006 50 CFR 32 CFR 71...... 32006 40...... 34519 80...... 32015 36...... 33255 199...... 31942, 31943 41...... 34519 85...... 33804 223...... 31965 216...... 31082 42...... 34519 90...... 33804 622...... 34534 62...... 33237 648...... 33211 33 CFR 122...... 32887 660...... 31104 23 CFR 180 ...... 32895, 32899, 33416 100...... 32836 1048...... 33804 679 ...... 31105, 34021, 34022 Proposed Rules: 165 ...... 31085, 31088, 31945, 1065...... 33804 680...... 32862 450...... 33510 32838, 32839, 33622, 34255 1068...... 33804 Proposed Rules: 500...... 33510 Proposed Rules: 17 ...... 31137, 32496, 32746, 665...... 34297 117...... 32883 42 CFR 33703, 34196, 34566 165 ...... 31999, 32002, 32004 Proposed Rules: 226...... 34571 24 CFR 100...... 33420 229...... 34299 115...... 33138 34 CFR 622...... 33423 203...... 33138 304...... 32396 44 CFR 648...... 33721 320...... 32388 64...... 33642 660...... 33432 Proposed Rules: 36 CFR 65...... 33644 665...... 32911 81...... 33144 1151...... 33254 67...... 33645, 33646 679...... 33040

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REMINDERS Tri-Cities area including Tri- DEFENSE DEPARTMENT due by 6-19-06; published The items in this list were Cities Regional Airport, Federal Acquisition Regulation 4-19-06 [FR E6-05883] editorially compiled as an aid VA and TN; port of entry (FAR): Wheat bran; comments due to Federal Register users. establishment and user- Certain European Union by 6-19-06; published 4- Inclusion or exclusion from fee status termination; member states; sanctions 19-06 [FR E6-05877] this list has no legal published 5-16-06 removed; comments due Solid wastes: significance. HOMELAND SECURITY by 6-19-06; published 4- Granular mine tailings in DEPARTMENT 19-06 [FR 06-03684] asphalt concrete and RULES GOING INTO Immigration and Customs Combating trafficking in Portland cement concrete EFFECT JUNE 15, 2006 Enforcement Bureau persons; comments due in transportation Immigration regulations: by 6-19-06; published 4- construction projects; AGRICULTURE Employment and Eligibility 19-06 [FR 06-03681] management criteria; DEPARTMENT Verification (Form I-9); Free trade agreements— comments due by 6-19- Agricultural Marketing electronic signature and Morocco; comments due 06; published 5-19-06 [FR Service storage; published 6-15-06 by 6-19-06; published E6-07653] Superfund program: Watermelon research and SOCIAL SECURITY 4-19-06 [FR 06-03685] promotion plan; redistricting; ADMINISTRATION Personnel, military and civilian: National oil and hazardous substances contingency published 6-14-06 Supplemental security income: Regular and reserve retired plan priorities list; COMMERCE DEPARTMENT Aged, blind, and disabled— military members; National Oceanic and comments due by 6-19- Plans to achieve self- management and Atmospheric Administration 06; published 4-19-06 [FR support; time limit mobilization; comments Fishery conservation and 06-03667] criteria; published 5-16- due by 6-19-06; published management: 4-18-06 [FR 06-03658] GENERAL SERVICES 06 ADMINISTRATION Caribbean, Gulf, and South ENERGY DEPARTMENT Atlantic fisheries— STATE DEPARTMENT Federal Acquisition Regulation Energy Efficiency and Gulf of Mexico and South Visas: nomenclature changes; (FAR): Renewable Energy Office Atlantic coastal published 6-15-06 Certain European Union Consumer products; energy migratory pelagic TRANSPORTATION member states; sanctions conservation program: resources; published 5- DEPARTMENT removed; comments due Classifying products as 16-06 Federal Aviation by 6-19-06; published 4- covered products; Northeastern United States Administration 19-06 [FR 06-03684] household definition; fisheries— Combating trafficking in Airworthiness directives: comments due by 6-19- Atlantic sea scallop; persons; comments due Sikorsky; published 5-31-06 06; published 5-4-06 [FR published 6-8-06 by 6-19-06; published 4- 06-04195] ENERGY DEPARTMENT Investigative and enforcement 19-06 [FR 06-03681] procedures: Federal Energy Regulatory ENVIRONMENTAL Free trade agreements— Civil monetary penalties PROTECTION AGENCY Commission Morocco; comments due inflation adjustment; Electric utilities (Federal Power Air pollutants, hazardous; by 6-19-06; published published 5-16-06 Act): national emission standards: 4-19-06 [FR 06-03685] Public utilities including TRANSPORTATION Printing and publishing HOMELAND SECURITY regional transmission DEPARTMENT industry; comments due DEPARTMENT organizations; accounting National Highway Traffic by 6-23-06; published 5- Customs and Border and financial reporting Safety Administration 24-06 [FR 06-04822] requirements; rehearing Protection Bureau Civil monetary penalties; Air quality implementation order denied; published 5- Merchandise, special classes: inflation adjustment; plans; approval and 16-06 published 5-16-06 promulgation; various Cement products from Section 203 transactions; States; air quality planning Mexico requiring expeditious approval purposes; designation of Commerce Department procedures COMMENTS DUE NEXT areas: import license; comments Rehearing order; due by 6-21-06; published WEEK Kentucky; comments due by published 5-16-06 6-1-06 [FR E6-08500] 6-23-06; published 5-24- Public Utility Holding Company AGRICULTURE 06 [FR 06-04820] HOMELAND SECURITY Act of 2005; implementation: DEPARTMENT DEPARTMENT Public Utility Holding Air quality implementation Commodity Credit Coast Guard Company Act of 1935; plans; approval and Corporation repeal; rehearing order; promulgation; various Drawbridge operations: published 5-16-06 Export programs: States: Washington; comments due HEALTH AND HUMAN Commodities procurement Indiana; comments due by by 6-23-06; published 5- SERVICES DEPARTMENT for foreign donation; Open 6-22-06; published 5-23- 24-06 [FR E6-07868] Food and Drug for comments until further 06 [FR 06-04764] Pollution: Administration notice; published 12-16-05 Hazardous waste management Ballast water treatment Animal drugs, feeds, and [FR E5-07460] system: technology and analysis related products: AGRICULTURE Hazardous waste manifest methods; research and Lasalocid DEPARTMENT system; modification; development status; Correction; published 6- Cooperative State Research, comments due by 6-19- comments due by 6-23- 15-06 Education, and Extension 06; published 4-18-06 [FR 06; published 5-2-06 [FR HOMELAND SECURITY Service E6-05745] E6-06628] DEPARTMENT Small Business Innovation Pesticides; tolerances in food, Ports and waterways safety; Customs and Border Research Grants Program; animal feeds, and raw regulated navigation areas, Protection Bureau policy directive compliance; agricultural commodities: safety zones, security Organization, functions, field comments due by 6-19-06; Mono- and bis-(1H, 1H, 2H, zones, etc.: organization, ports of entry, published 5-18-06 [FR 06- 2H- perfluoroalkyl) Charleston, SC; Wando etc.: 04649] phosphates; comments River, Cooper River, and

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Charleston Harbor; reclamation plan Pratt & Whitney Canada; comments due by 6-19- submissions: comments due by 6-20- 06; published 5-18-06 [FR Mississippi; comments due 06; published 4-21-06 [FR LIST OF PUBLIC LAWS 06-04628] by 6-23-06; published 5- 06-03765] Great Lakes, OH, MI, WI, 24-06 [FR E6-07917] Raytheon; comments due by This is a continuing list of and IL; tall ships Pennsylvania; comments 6-23-06; published 5-9-06 public bills from the current celebration; comments due by 6-22-06; published [FR E6-07014] due by 6-22-06; published session of Congress which 5-23-06 [FR E6-07815] Special conditions— 6-2-06 [FR E6-08610] have become Federal laws. It Mackinac Bridge and Straits NATIONAL AERONAUTICS Avidyne Corp., Inc.; may be used in conjunction of Mackinac, MI; AND SPACE various airplane models; with ‘‘PLUS’’ (Public Laws comments due by 6-23- ADMINISTRATION comments due by 6-22- Update Service) on 202–741– 06; published 5-24-06 [FR Federal Acquisition Regulation 06; published 5-23-06 6043. This list is also E6-07862] (FAR): [FR 06-04753] available online at http:// Regattas and marine parades: Certain European Union Airworthiness standards: www.archives.gov/federal- Chesapeake Bay, Cape member states; sanctions Class E airspace; comments register/laws.html. Charles, VA; marine removed; comments due due by 6-19-06; published events; comments due by by 6-19-06; published 4- 5-4-06 [FR E6-06730] The text of laws is not 6-19-06; published 5-19- 19-06 [FR 06-03684] Special conditions— published in the Federal 06 [FR E6-07618] Combating trafficking in Pilatus PC-12, PC-12/45, Register but may be ordered Sacramento River Bridge-to- persons; comments due and PC-12/47 airplanes; in ‘‘slip law’’ (individual Bridge Waterfront Festival, by 6-19-06; published 4- comments due by 6-19- pamphlet) form from the CA; comments due by 6- 19-06 [FR 06-03681] 06; published 5-18-06 Superintendent of Documents, 19-06; published 5-19-06 Free trade agreements— [FR 06-04624] U.S. Government Printing [FR E6-07610] Office, Washington, DC 20402 Societe de Motorisation HOMELAND SECURITY Morocco; comments due (phone, 202–512–1808). The Aeronautiques Engines, DEPARTMENT by 6-19-06; published text will also be made Inc., Cessna Models U.S. Citizenship and 4-19-06 [FR 06-03685] available on the Internet from 182Q and 182R Immigration Services NUCLEAR REGULATORY GPO Access at http:// airplanes; comments Immigration: COMMISSION www.gpoaccess.gov/plaws/ due by 6-19-06; Genealogy Program; index.html. Some laws may Annual financial reports published 2-17-06 [FR genealogical and historical not yet be available. submission; requirement E6-02285] records service; elimination; comments due TRANSPORTATION establishment; comments by 6-21-06; published 5-22- S. 1736/P.L. 109–229 due by 6-19-06; published 06 [FR 06-04737] DEPARTMENT 4-20-06 [FR E6-05947] TRANSPORTATION Federal Highway To provide for the participation INTERIOR DEPARTMENT DEPARTMENT Administration of employees in the judicial Fish and Wildlife Service branch in the Federal leave Federal Aviation Right-of-way and environment: Endangered and threatened transfer program for disasters Administration Worker visibility; comments species: and emergencies. (May 31, Airworthiness directives: due by 6-23-06; published Bald eagle; comments due 4-24-06 [FR E6-06025] 2006; 120 Stat. 390) by 6-19-06; published 5- Airbus; comments due by 6- 16-06 [FR 06-04606] 19-06; published 5-18-06 TRANSPORTATION Last List May 31, 2006 Western snowy plover; [FR E6-07560] DEPARTMENT Pacific Coast distinct B-N Group Ltd.; comments National Highway Traffic population segment; due by 6-21-06; published Safety Administration comments due by 6-20- 6-6-06 [FR E6-08713] Motor vehicle safety Public Laws Electronic 06; published 4-21-06 [FR Boeing; comments due by standards: Notification Service 06-03793] 6-19-06; published 5-5-06 Interior impact occupant (PENS) Endangered Species [FR E6-06795] protection; comments due Convention: Empresa Brasileira de by 6-23-06; published 4- Regulations revised; 24-06 [FR E6-06024] comments due by 6-19- Aeronautica S.A. PENS is a free electronic mail Motorcyclist Safety Program; 06; published 4-19-06 [FR (EMBRAER); comments notification service of newly incentive grant criteria; 06-03444] due by 6-20-06; published enacted public laws. To comments due by 6-23-06; Importation, exportation, and 5-26-06 [FR E6-08117] subscribe, go to http:// published 5-24-06 [FR 06- transportation of wildlife: Goodyear Aviation; listserv.gsa.gov/archives/ 04792] Bald eagles protection; comments due by 6-19- publaws-l.html definition; comments due 06; published 5-3-06 [FR TREASURY DEPARTMENT by 6-19-06; published 5- E6-06650] Merchandise, special classes: Note: This service is strictly 16-06 [FR 06-04607] Honeywell; comments due Cement products from for E-mail notification of new INTERIOR DEPARTMENT by 6-19-06; published 5-3- Mexico requiring laws. The text of laws is not Surface Mining Reclamation 06 [FR E6-06651] Commerce Department available through this service. and Enforcement Office Pratt & Whitney; comments import license; comments PENS cannot respond to Permanent program and due by 6-19-06; published due by 6-21-06; published specific inquiries sent to this abandoned mine land 4-19-06 [FR E6-05843] 6-1-06 [FR E6-08500] address.

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