1–20–06 Friday Vol. 71 No. 13 Jan. 20, 2006

Pages 3205–3408

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i II Federal Register / Vol. 71, No. 13 / Friday, January 20, 2006

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Contents Federal Register Vol. 71, No. 13

Friday, January 20, 2006

Agriculture Department Defense Department See Forest Service See Engineers Corps See Rural Housing Service See Navy Department See Rural Utilities Service PROPOSED RULES NOTICES Military justice: Agency information collection activities; proposals, Criminal jurisdiction over civilians employed by or submissions, and approvals, 3256 accompanying Armed Forces outside U.S., and service and former service members; withdrawn, Antitrust Division 3254 NOTICES Competitive impact statements and proposed consent Economic Development Administration judgments: NOTICES Marquee Holdings, Inc. and LCE Holdings, Inc., 3327– Adjustment assistance; applications, determinations, etc. 3340 M.M.D. Mountain Mold & Die, Inc., et al., 3259–3260

Army Department Election Assistance Commission See Engineers Corps NOTICES Meetings; Sunshine Act, 3278–3279 Blind or Severely Disabled, Committee for Purchase From People Who Are Employment and Training Administration See Committee for Purchase From People Who Are Blind NOTICES or Severely Disabled Agency information collection activities; proposals, submissions, and approvals, 3340 Centers for Disease Control and Prevention Energy Department NOTICES See Federal Energy Regulatory Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 3305–3307 Reports and guidance documents; availability, etc.: Meetings: Potomac River Generating System, VA; emergency order Clinical Laboratory Improvement Advisory Committee, to resume limited operations in response to 3307 electricity reliability concerns in Washington, D.C., Healthcare Infection Control Practices Advisory 3279–3281 Committee, 3307–3308 Engineers Corps Centers for Medicare & Medicaid Services NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities; proposals, Baltimore Harbor; MD; dredged material management submissions, and approvals, 3308–3309 plan, 3275–3276

Civil Rights Commission Environmental Protection Agency NOTICES RULES Meetings; State advisory committees: Hazardous waste program authorizations: Alaska, 3259 Ohio, 3220–3227 Superfund program: Commerce Department National oil and hazardous substances contingency plan See Economic Development Administration priorities list See National Oceanic and Atmospheric Administration Correction, 3227–3228 NOTICES Committee for Purchase From People Who Are Blind or Agency information collection activities; proposals, Severely Disabled submissions, and approvals, 3289–3290 NOTICES Environmental statements; availability, etc.: Agency information collection activities; proposals, Agency comment availability, 3290–3291 submissions, and approvals, 3258 Agency weekly receipts, 3291–3292 Procurement list; additions and deletions, 3258–3259 Meetings: California State nonroad engine and vehicle pollution Customs and Border Protection Bureau control standards; transportation refrigeration units NOTICES and generator sets, 3292 Automation Program test: Endangered Species Protection Program; field Automated Commercial Environment— implementation, 3292–3293 Periodic monthly payment statement process; Solid waste: modification of estimated duties and fees, 3315– Municipal solid waste landfills permit programs— 3316 Wisconsin, 3293

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Executive Office of the President St. Marks National Wildlife Refuge, FL, 3317–3319 See Presidential Documents Meetings: Endangered Species of Wild Fauna and Flora Federal Aviation Administration International Trade Convention, 3319–3322 RULES Airworthiness directives: Forest Service Airbus, 3214–3215 NOTICES Bombardier, 3210–3214 Meetings: Empresa Brasileira de Aeronautica, S.A. (EMBRAER), Olympic Provincial Advisory Committee, 3256 3209–3210 National Forest System lands: Raytheon, 3216–3217 Flathead National Forest, MT; Wurtz Cabin overnight PROPOSED RULES rental fees, 3256–3257 Airworthiness directives: Eurocopter France; correction, 3248 Health and Human Services Department See Centers for Disease Control and Prevention Federal Communications Commission See Centers for Medicare & Medicaid Services NOTICES See National Institutes of Health Meetings; Sunshine Act, 3294–3295 NOTICES Applications, hearings, determinations, etc.: Committees; establishment, renewal, termination, etc.: BellSouth Corp. et al., 3294 National Vaccine Advisory Committee, 3305 Federal Contract Compliance Programs Office Homeland Security Department PROPOSED RULES See Customs and Border Protection Bureau Acquisition regulations: Disabled veterans, recently separated veterans, etc.; Housing and Urban Development Department affirmative action and nondiscrimination obligations NOTICES of contractors and subcontractors, 3352–3371 Grants and cooperative agreements; availability, etc.: Affirmative action and nondiscrimination obligations of Discretionary programs (SuperNOFA), 3382–3404 contractors and subcontractors: Homeless assistance; excess and surplus Federal Equal opportunity survey, 3374–3379 properties, 3316 Federal Energy Regulatory Commission NOTICES Interior Department Complaints filed: See Fish and Wildlife Service Devon Power LLC et al., 3284 See National Park Service Minnesota Power, et al., 3284 See Reclamation Bureau Electric rate and corporate regulation combined filings, 3284–3286 Internal Revenue Service Hydroelectric applications, 3286–3287 RULES Meetings: Employment taxes and collection of income taxes at source: Assessment of demand response resources; technical Procedure and administration— conference, 3287–3288 Deemed election to be an association taxable as a Off-the-record communications, 3288–3289 corporation for a qualified electing S corporation; Practice and procedure: correction, 3219–3220 Enactment of the Public Utility Holding Company Act of PROPOSED RULES 2005; new docket prefixes, 3289 Procedure and administration: Applications, hearings, determinations, etc.: Levy; notice and opportunity for hearing; hearing AMG Energy, LLC, 3281 canceled, 3248 Dauphin Island Gathering Partners, 3281–3282 Dominion Transmission, Inc., 3282 International Trade Commission Great Lakes Gas Transmission L.P., 3282–3283 NOTICES Knedergy LLC, 3283 Import investigations: Texas Gas Transmission, LLC, 3283–3284 Diamond sawblades and parts from— China and Korea, 3324–3325 Federal Reserve System Uranium from— NOTICES Russia, 3326–3327 Banks and bank holding companies: Change in bank control, 3295 Justice Department Formations, acquisitions, and mergers, 3295 See Antitrust Division PROPOSED RULES Federal Trade Commission National Environmental Policy Act; implementation: NOTICES Procedures and council on regulations to ensure Agency information collection activities; proposals, compliance, 3248–3253 submissions, and approvals, 3295–3305 NOTICES Pollution control; consent judgments: Fish and Wildlife Service Lyondell Chemical Co. et al., 3327 NOTICES Comprehensive conservation plans; availability, etc.: Labor Department Roanoke River National Wildlife Refuge, NC, 3316–3317 See Employment and Training Administration

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See Federal Contract Compliance Programs Office Public Debt Bureau NOTICES Legal Services Corporation Agency information collection activities; proposals, NOTICES submissions, and approvals, 3350 Meetings; Sunshine Act, 3340–3342 Railroad Retirement Board National Credit Union Administration NOTICES NOTICES Agency information collection activities; proposals, Meetings; Sunshine Act, 3342 submissions, and approvals, 3346–3347

National Institutes of Health Reclamation Bureau NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; availability, etc.: submissions, and approvals, 3309–3314 Upper Rio Grande Basin Water Operations Review, NM; Patent licenses; non-exclusive, exclusive, or partially public meetings, 3323–3324 exclusive: PeptiFarma, Inc., 3314–3315 Rural Housing Service NOTICES National Oceanic and Atmospheric Administration Agency information collection activities; proposals, RULES submissions, and approvals, 3257–3258 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Rural Utilities Service Atka mackerel, 3247 RULES Atlantic highly migratory species— Grants and cooperative agreements; availability, etc.: Atlantic bluefin tuna, 3245–3247 Public Television Station Digital Transition Program, PROPOSED RULES 3205–3209 Fishery conservation and management: West Coast States and Western Pacific fisheries— Securities and Exchange Commission Guam longline fishing; prohibited area, 3254–3255 NOTICES NOTICES Self-regulatory organizations; proposed rule changes: Marine mammals: Boston Stock Exchange, Inc.; correction, 3347 Incidental taking; authorization letters to, etc.— Scripps Institute of Oceanography; Eastern Tropical Social Security Administration Pacific; low-energy seismic survey; small numbers RULES of marine mammals, 3260–3275 Social security benefits and supplemental security income: Vessel monitoring systems; mobile transmitting units, 3275 Federal old age, survivors, and disability insurance and aged, blind, and disabled— National Park Service Federal Advisory Committee Act; work activity of NOTICES persons working as members of advisory Meetings: committees, 3217–3219 National Park System Advisory Board, 3322 National Natural Landmarks Program designations: State Department Ashfall Fossil Beds, Antelope County, NE, 3322 NOTICES Garden Canyon, Fort Huachuca, AZ, 3323 Agency information collection activities; proposals, submissions, and approvals, 3347–3348 Navy Department Culturally significant objects imported for exhibition: NOTICES Without Boundary: Seventeen Ways of Looking, 3348 Environmental statements; availability, etc.: Meetings: 2006 Rim of the Pacific exercises, HI, 3276–3277 International Telecommunication Advisory Committee, Environmental statements; notice of intent: 3348 Newport News Shipbuilding and Dry Dock Co., VA; Persons with Disabilities Advisory Committee, 3348–3349 efficient shipping container system for spent nuclear fuel from naval aircraft carriers, 3277–3278 Surface Transportation Board NOTICES Nuclear Regulatory Commission Railroad operation, acquisition, construction, control, etc.: NOTICES New Amsterdam & Seneca Railroad Co., LLC, 3349–3350 Environmental statements; availability, etc.: Framatome ANP, Inc., 3342–3344 Tennessee Valley Authority Petitions; Director’s decisions: NOTICES Nuclear Information and Resource Service, 3344–3345 Agency information collection activities; proposals, Regulatory guides; issuance, availability, and withdrawal, submissions, and approvals, 3349 3345–3346 Transportation Department Presidential Documents See Federal Aviation Administration ADMINISTRATIVE ORDERS See Surface Transportation Board Middle East peace process; continuation of national RULES emergency with respect to terrorists who threaten to Standard time zone boundaries: disrupt (Notice of Jan. 18, 2006), 3405–3407 Indiana, 3228–3245

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NOTICES Part IV Aviation proceedings: Housing and Urban Development Department, 3382–3404 Hearings, etc.— Friendship Airways, Inc. d/b/a Yellow Air Taxi, 3349 Part V Treasury Department Executive Office of the President, Presidential Documents, See Internal Revenue Service 3405–3407 See Public Debt Bureau

Separate Parts In This Issue Reader Aids Consult the Reader Aids section at the end of this issue for Part II phone numbers, online resources, finding aids, reminders, Labor Department, Federal Contract Compliance Programs and notice of recently enacted public laws. Office, 3352–3371 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part III listserv.access.gpo.gov and select Online mailing list Labor Department, Federal Contract Compliance Programs archives, FEDREGTOC-L, Join or leave the list (or change Office, 3374–3379 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.

3 CFR Executive Orders: 12947 (See Notice of January 18, 2006)...... 3407 13099 (See Notice of January 18, 2006)...... 3407 Administrative Orders: Notices: Notice of January 18, 2006 ...... 3407 7 CFR 1740...... 3205 14 CFR 39 (5 documents) ...3209, 3210, 3212, 3214, 3216 Proposed Rules: 39...... 3248 20 CFR 404...... 3217 416...... 3217 26 CFR 301...... 3219 Proposed Rules: 301...... 3248 28 CFR Proposed Rules: 61...... 3248 32 CFR Proposed Rules: 153...... 3254 40 CFR 271...... 3220 300...... 3227 41 CFR Proposed Rules: 60-2...... 3374 60-300...... 3352 49 CFR 71...... 3228 50 CFR 635...... 3245 679...... 3247 Proposed Rules: 660...... 3254

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Rules and Regulations Federal Register Vol. 71, No. 13

Friday, January 20, 2006

This section of the FEDERAL REGISTER Development and Regulatory Analysis, Executive Order 12372 contains regulatory documents having general Rural Utilities Service, United States This program is not subject to the applicability and legal effect, most of which Department of Agriculture, 1400 are keyed to and codified in the Code of requirements of Executive Order 12372, Independence Avenue, SW., Room ‘‘Intergovernmental Review of Federal Federal Regulations, which is published under 5168–S, Washington, DC 20250–1522. 50 titles pursuant to 44 U.S.C. 1510. Programs,’’ as implemented under Instructions: RUS requests a signed USDA’s regulations at 7 CFR part 3015. The Code of Federal Regulations is sold by original and three copies of all written the Superintendent of Documents. Prices of comments (7 CFR 1700.4). Comments Executive Order 12988 new books are listed in the first FEDERAL may also be submitted by e-mail at This final rule has been reviewed REGISTER issue of each week. [email protected] and must under Executive Order 12988, Civil contain the phrase ‘‘Public Television Justice Reform. RUS has determined Station Digital Transition Grant that this interim final rule meets the DEPARTMENT OF AGRICULTURE Program’’ in the subject line. All applicable standards provided in comments received must identify the Rural Utilities Service section 3 of the Executive Order. In name of the individual (and the name of addition, all state and local laws and the entity, if applicable) who is 7 CFR Part 1740 regulations that are in conflict with this submitting the comment. All comments rule will be preempted, no retroactive RIN 0572–ACO2 received will be posted without changes effect will be given to this rule, and, in to http://www.usda.gov. accordance with Section 212(e) of the Public Television Station Digital rus.index2.Comments.htm, including Department of Agriculture Transition Grant Program any personal information provided. All Reorganization Act of 1994 (7 U.S.C. comments will also be available for AGENCY: Rural Utilities Service, 6912(e)), administrative appeal Agriculture. public inspection during regular procedures, if any, must be exhausted business hours (7 CFR 1.27(b)). ACTION: Interim final rule with request before an action against the Department for comments. FOR FURTHER INFORMATION, CONTACT: or its agencies may be initiated. Orren E. Cameron III, Director, SUMMARY: The Rural Utilities Service Advanced Services Division, Rural Executive Order 13132 Federalism (the Agency) is issuing a new rule to Utilities Service, Room 2845-S, 1400 The policies contained in this interim allow the Agency to make grants to Independence Avenue SW., STOP 1550, final rule do not have any substantial enable Public Television Stations in Washington, DC, 20250–1550. direct effect on states, on the rural areas to replace current analog Telephone: 202–690–4493. FAX: 202– relationship between the national television broadcasting equipment with 720–1051. E-mail: ed.cameron@ government and the states, or on the digital television broadcasting wdc.usda.gov. distribution of power and equipment as part of the national SUPPLEMENTARY INFORMATION: responsibilities among the various transition to digital television service. levels of government. Nor does this final DATES: This rule is effective January 20, Agency Response to Comments rule impose substantial direct 2006. Written comments must be RUS intends to address public compliance costs on state and local received by the Agency or bear a comments received regarding this governments. Therefore, consultation postmark of equivalent not later than interim final rule at a later date in a with states is not required. March 21, 2006. Confirmation of an Interim Final Rule as Regulatory Flexibility Certification ADDRESSES: Submit your comments by a Final Rule which will be published in any of the following methods: the Federal Register. Pursuant to 5 U.S.C. 553(a)(2), this • Federal eRulemaking Portal: Go to interim final rule related to grants is Executive Order 12866 http://www.regulations.gov. Follow the exempt from the rulemaking online instruction for submitting This interim final rule has been requirements of the Administrative comments. determined to be not significant for Procedure Act (5 U.S.C. 551 et seq.), • Agency Web site: http://www. purposes of Executive Order 12866, and including the requirement to provide usda.gov/rus/index2.Comments.htm. therefore has not been reviewed by the prior notice and an opportunity for Follow the instructions for submitting Office of Management and Budget public comment. Because this interim comments. (OMB). final rule is not subject to a requirement • E-mail: [email protected]. to provide prior notice and an Catalog of Federal Domestic Assistance Include in the subject line of the opportunity for public comment message ‘‘7 CFR 1740.’’ The Catalog of Federal Domestic pursuant to 5 U.S.C. 553, or any other • Mail: Addressed to Richard C. Assistance (CFDA) Program number law, the analytical requirements of the Annan, Director, Program Development assigned to the Public Television Regulatory Flexibility Act (5 U.S.C. 601 and Regulatory Analysis, Rural Utilities Station Digital Transition Grant Program et seq.) are inapplicable. Service, United States Department of is 10.861. The Catalog is available on a Unfunded Mandates Agriculture, 1400 Independence subscription basis from the Avenue, STOP 1522, Washington, DC Superintendent of Documents, the This interim final rule contains no 20250–1522. United States Government Printing Federal mandates (under the regulatory • Hand Delivery/Courier: Addressed Office, Washington, DC 20402–9325, provision of Title II of the Unfunded to Richard C. Annan, Director, Program telephone number (202) 512–1800. Mandates Reform Act of 1995) for State,

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local, and tribal governments or the Register (69 FR 11593) stating that the shortfall, which is often in the most private sector. Therefore, this interim money would be used for unfunded rural of rural areas. final rule is not subject to the applications received under the prior In designing a national competition requirements of sections 202 and 205 of NOFA, and on April 20, 2004, an for the distribution of these grant funds, the Unfunded Mandates Reform Act of additional 18 grants were awarded to priority has been given to public 1995. recipients in 16 states. television stations serving those areas As of August 2005, 40 of the nation’s that would most likely be unable to Environmental Impact Statement 355 public television transmitters have transition without a grant. Because This interim final rule has been not launched DTV service. In addition, funding for stations generally comes examined under RUS environmental the vast majority of DTV stations serving from public and business contributions, regulations at 7 CFR part 1794. The RUS rural areas have not yet been able to rural public television stations Administrator has determined that this build out their full digital facilities that unquestionably receive fewer action is not a major Federal action would allow them to replicate their contributions due to smaller significantly affecting the environment. analog services in the digital populations and fewer businesses. Therefore, in accordance with the environment. It is important for these Therefore, rurality becomes a prime National Environmental Policy Act of stations to be able cover their former indicator of the need for grant funding. 1969 (42 U.S.C. 4321 et seq.), an analog service areas, and to tailor their In addition, some rural areas have Environmental Impact Statement or programs and services (e.g., education income levels much lower than the Assessment is not required. services, public health, homeland national average, and public television Information Collection and security, and local culture) to their rural stations covering these areas in Recordkeeping Requirements constituents, and this may require particular are likely to have difficulty transmitter/translator upgrades and funding the digital transition. As a This interim rule contains no new other broadcast and video. If stations result, the consideration of the income reporting or recordkeeping burdens cannot continue to meet their analog of a public television station’s coverage under OMB control number 0572–0134 standards of robust service, some Public area is a secondary indicator of the need that would require approval under the Television programming will be lost, for grant funding. Lastly, some public Paperwork Reduction Act of 1995 (44 and many school systems may be left television stations may have, or may U.S.C. Chapter 35). without the educational programming meet, critical needs in their Background they count on for curriculum communities, and a third scoring factor compliance. With the FCC deadline of for critical need has been added. This As part of the nation’s transition to December 31, 2006, for the end of the digital television, the Federal scoring category will also recognize that digital transition approaching, it is vital some transition purchases are more Communications Commission (FCC) that rural stations continue their required all television broadcasters to essential than others, so that services to rural America. applications for first transmitter begin broadcasting using digital signals, Congress has authorized additional and to cease broadcasting in analog by capability and transmitter power purposes which were specifically upgrades that extend coverage into December 31, 2006. Recognizing the excluded in the 2003 NOFA. This need to support the digital transition of rural-only areas will both receive regulation incorporates those new scoring advantages. Master control public television stations serving rural statutory requirements and updates this areas, Congress appropriated $15 facilities which tailor programming to competitive grant program for FY 2006 local needs will also be recognized in million in grant funds through the under regulation rather than by NOFA. this category. Distance Learning and Telemedicine The broadcast of digital signals Grant Program. See Consolidated requires the installation of special List of Subjects in 7 CFR 1740 Appropriations Resolution, 2003, Pub. antennae, transmitters and/or Grant programs—Digital television; L. 108–7. On July 18, 2003, RUS translators, and new digital program Communications; Rural areas; published a Notice of Funds management facilities, consisting of Television. Availability (NOFA) in the Federal processing and storage systems. If Register (68 FR 42680) to announce the public television stations are to perform I For reasons set forth in the preamble, new grant program to finance the program origination functions, as most RUS amends Chapter XVII of title 7 of conversion of television service from do, digital cameras, editing, and the Code of Regulations by adding part analog to digital broadcasting for public mastering equipment are also required. 1740 as follows: television station serving rural areas. Moreover, studio-to-tower site PART 1740—PUBLIC TELEVISION For Fiscal Year (FY) 2003, $15 million communications links may be required STATION DIGITAL TRANSITION in grants were made available through a to transport the digital broadcast signal GRANT PROGRAM national competition to enable public to each transmitter and translator. television stations which serve Broadcasting in high definition, Subpart A— Public Television Station substantial rural populations to multicasting, and datacasting are Digital Transition Grant Program continue serving their coverage areas. inherent to digital television, and Sec. On February 20, 2004, RUS announced require additional facilities at the 1740.1 Purpose. the selection of 16 rural public transmitter and studio level. Lastly, in 1740.2 Definitions. television stations in 13 states which order to comply with the FCC transition 1740.3 Applicant eligibility. were to receive all $15 million in grant deadlines, some rural public television 1740.4 Maximum amounts of grants. funds to convert to digital broadcasting. stations initially began digital 1740.5 Matching funds. For FY 2004, Congress appropriated an broadcasting using low-cost, low-power 1740.6 Eligible purposes of grants. additional $14 million in grant funds for transmitters. However, these 1740.7 Ineligible purposes. 1740.8 Scoring criteria for the grant this purpose. See Consolidated transmitters did not replicate the competition. Appropriations Act, 2004, Pub. L. 108– station’s analog coverage area (an FCC 1740.9 Grant application. 199. On March 11, 2004, the RUS objective of the transition), and power 1740.10 Grant documents. published a Notice in the Federal upgrades are needed to cover the 1740.11 Request for funds.

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Subpart B—[Reserved] Rural area means any area of the (h) Associated engineering and United States not included within the environmental studies necessary to Authority: Consolidated Appropriations Act, 2005; Title III: Rural Development boundaries of any incorporated or implementation. unincorporated city, village, or borough Programs; Rural Utilities Service; Distance § 1740.7 Ineligible purposes. Learning, Telemedicine, and Broadband having a population in excess of 20,000 Program; Public Law 108–447. inhabitants. (a) Grant funds shall not be used to Rural population means the number fund ongoing operations or for facilities Subpart A—Public Television Station of people within the core coverage area that will not be owned by the applicant, Digital Transition Grant Program of a transmitter who do not live within except for leased facilities as provided the boundaries of an incorporated or in § 1740.6. § 1740.1 Purpose. unincorporated city, village, or borough (b) Costs of salaries, wages, and The purpose of the Rural Utilities having a population in excess of 20,000 employee benefits of public television Service (RUS) Public Television Station inhabitants as calculated pursuant to station personnel are not eligible for Digital Transition Grant Program (Grant Section 1740.8(c)(1). funding under this program unless they Program) is to enable public television Rural Utilities Service, or RUS, is a are for construction or installation of stations serving rural areas to transition Rural Development agency of the United eligible facilities. from broadcasting in analog to digital, as States Department of Agriculture, which (c) Facilities for which other grant required under the Federal will administer this Grant Program. funding from any source has been Communications Commission rules, by Urban area means any area of the approved are not eligible for funding awarding grants through a competitive United States which is not a Rural area. under this program. process. § 1740.3 Applicant eligibility. (d) Expenditures made prior to this § 1740.2 Definitions. Eligibility for grants is limited to deadline are not eligible for funding. To Core coverage area is the set of public television stations that serve be an eligible grant purpose, an counties fully covered, or at least 75% rural areas, regardless of whether urban expenditure must be made after the covered, by a digital television areas are additionally served. application deadline specified in the transmitter or translator. Notice of Funds Available. Coverage contour area is the area § 1740.4 Maximum amounts of grants. The maximum grant amount shall be § 1740.8 Scoring criteria for the grant estimated to receive a digital television competition. signal from a transmitter or translator of announced in each fiscal year’s Notice 41 dBµ for UHF signals, 36 dBµ for of Funds Availability. (a) After an application is found to be µ eligible, it will be scored in three channel 7–13 signals, or 28 dB for § 1740.5 Matching funds. channel 2–6 signals, as shown on the categories: the rurality of the applicant’s public television station’s map filed No matching funds are required in core coverage area, the average National with the FCC. this program. School Lunch Program eligibility ratio in the applicant’s core coverage area, Digital television, or DTV, means the § 1740.6 Eligible purposes of grants. digital television system which will and the critical need for the project. Grants shall be made to enable (b)(1)(i) Scoring in this program is replace the current analog system. applicants to perform digital transitions Digital transition means the transition based on a simplified representation of of television broadcasting serving rural the project’s digital coverage area. To from analog television broadcasting to areas, regardless of the location of their digital television broadcasting. To find a transmitter’s simplified coverage main transmitter. Grant funds may be area, go to the FCC TV Query Web site transition according to FCC rules, a used to acquire, lease, and/or install broadcaster must initiate digital (http://www.fcc.gov/fcc-bin/audio/ facilities and software necessary to the tvq.html) and access the station Service television broadcasting while digital transition. Specific purposes continuing to operate analog television Contour Map. This map shows coverage include: at the appropriate field strength in dBµ, broadcasting until December 31, 2006, (a) Digital transmitters, translators, overlaid on a Census Tiger Map. The to enable viewers the necessary time to and repeaters, including all facilities map also shows counties covered. The acquire digital television reception required to initiate DTV broadcasting. core coverage area is the set of counties capability. All broadcast facilities acquired with that are either entirely within the Distance learning means any digital grant funds shall be capable of appropriate coverage contour, or are at public television broadcast to a school, delivering DTV programming and HDTV least seventy-five percent (75%) within library, home, or other end-user site programming, at both the interim and the contour. For contours where located in a rural area, for the purpose final channel and power authorizations. counties are very large with respect to of providing educational and cultural There is no limit to the number of coverage, as might be the case for some programming. transmitters or translators that may be western states and for most translators, Grant Program means this Public included in an application; there may be only one county within the Television Station Digital Transition (b) Power upgrades of existing DTV coverage contour. In such cases, this Grant Program. transmitter equipment; High definition television, or HDTV, (c) Studio-to-transmitter links; county is the station’s core coverage means an enhanced television service (d) Equipment to allow local control area. Every transmitter and translator which is authorized by the FCC as part over digital content and programming, must have a core coverage area of the digital television standard. including master control equipment; consisting of one or more counties. Public television station means a (e) Digital program production (ii) In the case of translators, where a noncommercial educational television equipment, including cameras, editing, coverage contour area does not exist, the broadcast station that serves rural areas mixing and storage equipment; applicant shall define a coverage and is qualified for Community Service (f) Multicasting and datacasting contour area and explain how coverage Grants by the Corporation for Public equipment; was estimated. This estimated coverage Broadcasting under section 396(k) of the (g) Cost of the lease of facilities, if contour area is subject to acceptance by Communications Act of 1934. any, for up to three years; and RUS.

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(2) When an application covers more (e) Critical Need will be measured by reasonable method, and this estimate is than one transmitter or translator, the the urgency and importance of the subject to acceptance by RUS. core coverage area of the application is project to the rural community the (f) The applicant’s own calculation of the sum of the core coverage areas of all applicant serves. Up to 25 points are its Rurality score, supported by a transmitters and translators included in available in this category. Critical Need worksheet showing the population of its the application. evaluates factors not captured in the core coverage area, and the urban and (c) Rurality is a measure of the degree Rurality and Economic Need scoring rural populations within the core to which a project benefits rural areas. categories, such as: coverage area. The data source for the Up to fifty (50) points are available in (1) Geographic or coverage urban and rural components of that this category. Urban areas bisected by characteristics of the public television population must be identified. If the the computed contour line are station’s digital television coverage area application includes computations disregarded, since they represent fringe that make the digital transition made by a consultant or other viewers. The Rurality score is computed unusually expensive; organization outside the public as follows: (2) A severe lack of specialized television station, the application shall (1) The rural population of a core human resources (such as teachers) for state the details of that collaboration. coverage area must be calculated. The which digital educational television will (g) The applicant’s own calculation of rural population of a county is compensate; its Economic Need score, supported by calculated by subtracting the county’s (3) Geographic isolation of a worksheet showing the National urban population(s) from the total communities which will be overcome School Lunch Program eligibility levels county population. If the core coverage with public television station services; for all school districts within the core area consists of multiple counties, the (4) Non-traditional community needs coverage area and averaging these rural population is the sum of all (such as adult vocational retraining) that eligibility percentages. The application included counties’ rural populations. may be met only with digital public must include a statement from the state Urban area and county populations may television station broadcast capabilities; or local organization that administers be found at the American Factfinder (5) Historical events that have placed the NSLP program certifying the school Web site http://factfinder.census.gov/ district scores used in the computations. _ the public television station in severe home/saff/main.html? lang=en). financial stress; and (h) If applicable, a presentation not to (2) The Rurality score is computed by (6) The degree to which the project exceed five pages demonstrating the multiplying the rural population for the purposes will specifically benefit the Critical Need for the project. core coverage area by one hundred (i) Evidence that the FCC has rural public. (100), and subtracting fifty (50) from it. authorized the initiation of digital If this calculation results in a negative § 1740.9 Grant application. broadcasting at the project sites. In the number, the Rurality score is zero. The The grant application must include event that an FCC construction permit formula is: the following: has not been issued for one or more 100 × [(total population ¥ urban (a) An application for federal sites, the RUS may include those sites population)/total population] ¥ 50 in the grant, and make advance of funds (3) If an applicant has no urban assistance, Standard Form 424. (b) An executive summary, not to for that site conditional upon the communities within the core coverage submission of a construction permit. area, the computation would deliver a exceed two pages, describing the public television station, its service area and (j) Compliance with other Federal score of 50. statutes. The applicant must provide (d) Economic Need will be measured offerings, its current digital transition status, and the proposed project. evidence or certification that it is in by the ability of the public in an area to compliance with all applicable Federal (c) Evidence of the applicant’s support Public Television financially. statutes and regulations, including, but eligibility to apply under this Notice, Up to 25 points are available in this not limited to the following: proving that the applicant is a Public category. (1) Executive Order (E.O.) 11246, Television Station as defined in this (1) The score for Economic Need is Equal Employment Opportunity, as Part, and that it is required by the FCC computed from the average of the amended by E.O. 11375 and as to perform the digital transition. National School Lunch Program (NSLP) supplemented by regulations contained eligibility percentages for all school (d) A spreadsheet showing the total in 41 CFR part 60; districts within the core coverage area. project cost, with a breakdown of items (2) Architectural barriers; NSLP eligibility percentage information sufficient to enable RUS to determine (3) Flood hazard area precautions; may be obtained from the state or local individual item eligibility. (4) Assistance and Real Property agency that administers the program, (e) A coverage contour map showing Acquisition Policies Act of 1970; and the application must include a the digital television coverage area of (5) Drug-Free Workplace Act of 1998 certification from this organization that the applicant. This map must show the (41 U.S.C. 701); the percentages provided are correct. counties (or county) comprising the core (6) E.O.s 12549 and 12689, Debarment Please note that the score for Economic coverage area by shading and by name. and Suspension; and Need is computed from the eligibility Partial counties included in the (7) Byrd Anti-Lobbying Amendment percentage, not the participation applicant’s core coverage area must be (31 U.S.C. 1352). percentage. The score is computed by identified as partial and must contain an (k) Environmental impact and historic multiplying the average eligibility attachment with the applicant’s estimate preservation. The applicant must percentage by 100 (to convert of the percentage that its coverage provide details of the digital transition’s percentage to a whole number), contour comprises the total area of the impact on the environment and historic subtracting 25, dividing the quotient by county (total area is available from preservation, and comply with 7 CFR two, and limiting the result to 25 points. American Factfinder, referenced in part 1794, which contains RUS’ policies A negative result yields a score of zero. § 1740.8 (c)(1)). If the application is for and procedures for implementing a [(average NSLP eligibility percentage a translator, the coverage area may be variety of Federal statutes, regulations, × 100) ¥ 25] ÷ 2, not to exceed 25 points estimated by the applicant through and executive orders generally (2) [Reserved] computer modeling or some other pertaining to the protection of the

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quality of the human environment. This DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Dan must be contained in a separate section Rodina, Aerospace Engineer, entitled ‘‘Environmental Impact of the Federal Aviation Administration International Branch, ANM–116, Digital Transition,’’ and must include Transport Airplane Directorate, FAA, the Environmental Questionnaire/ 14 CFR Part 39 1601 Lind Avenue, SW., Renton, Certification, available from RUS, [Docket No. FAA–2005–22871; Directorate Washington 98055–4056; telephone describing the impact of its digital Identifier 2005–NM–191–AD; Amendment (425) 227–2125; fax (425) 227–1149. transition. Submission of the 39–14454; AD 2006–02–02] SUPPLEMENTARY INFORMATION: Environmental Questionnaire/ RIN 2120–AA64 Examining the Docket Certification alone does not constitute compliance with 7 CFR part 1794. Airworthiness Directives; Empresa You may examine the airworthiness Brasileira de Aeronautica S.A. directive (AD) docket on the Internet at § 1740.10 Grant documents. (EMBRAER) Model EMB–120, –120ER, http://dms.dot.gov or in person at the Docket Management Facility office The terms and conditions of each –120FC, –120QC, and –120RT between 9 a.m. and 5 p.m., Monday grant shall be set forth in standard grant Airplanes through Friday, except Federal holidays. documents prepared by RUS. These AGENCY: Federal Aviation The Docket Management Facility office documents shall require that the Administration (FAA), Department of (telephone (800) 647–5227) is located on applicant own or lease all facilities Transportation (DOT). the plaza level of the Nassif Building at financed by the grant. In addition, ACTION: Final rule. the street address stated in the however, RUS may prescribe special ADDRESSES section. conditions to the advance of funds, such SUMMARY: The FAA is adopting a new as those concerning FCC licensing. airworthiness directive (AD) for certain Discussion EMBRAER Model EMB–120, –120ER, The FAA issued a notice of proposed § 1740.11 Requests for funds. –120FC, –120QC, and –120RT airplanes. rulemaking (NPRM) to amend 14 CFR This AD requires installing a rivet and (a) Once grant documents have been part 39 to include an AD that would washer in the hole of the upper frame executed, funds may be requested for apply to certain EMBRAER Model of the auxiliary power unit (APU) eligible purposes up to the amounts in EMB–120, –120ER, –120FC, –120QC, firewall. This AD results from a report the grant. Funds may either be and –120RT airplanes. That NPRM was indicating that, during production, a published in the Federal Register on requested in anticipation of known pinhole was left open at the upper frame obligations, or may be requested to November 9, 2005 (70 FR 67948). That of the APU firewall. We are issuing this NPRM proposed to require installing a reimburse disbursements made by the AD to ensure that the APU compartment grantee. rivet and washer in the hole of the is isolated from the rest of the airplane upper frame of the auxiliary power unit (b) Requests for funds shall be in the event of an APU fire. (APU) firewall. submitted on Standard Form 270 DATES: This AD becomes effective (Request for Advancement or February 24, 2006. Comments Reimbursement). The Director of the Federal Register We provided the public the approved the incorporation by reference (c) All requests for funds shall be opportunity to participate in the of a certain publication listed in the AD supported by invoices or receipts. development of this AD. We received no as of February 24, 2006. comments on the NPRM or on the Dated: January 12, 2006. ADDRESSES: You may examine the AD determination of the cost to the public. James M. Andrew, docket on the Internet at http:// Conclusion Administrator, Rural Utilities Service. dms.dot.gov or in person at the Docket [FR Doc. 06–511 Filed 1–19–06; 8:45 am] Management Facility, U.S. Department We have carefully reviewed the BILLING CODE 3410–15–P of Transportation, 400 Seventh Street available data and determined that air SW., Nassif Building, room PL–401, safety and the public interest require Washington, DC. adopting the AD as proposed. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box Costs of Compliance 343–CEP 12.225, Sao Jose dos Campos— The following table provides the SP, Brazil, for service information estimated costs for U.S. operators to identified in this AD. comply with this AD.

ESTIMATED COSTS

Number of Average Cost per U.S.-reg- Action Work hours labor rate Parts airplane istered Fleet cost per hour airplanes

Rivet installation ...... 1 $65 Operator- $65 108 $7,020 supplied

Authority for This Rulemaking section 106, describes the authority of detail the scope of the Agency’s Title 49 of the United States Code the FAA Administrator. Subtitle VII, authority. specifies the FAA’s authority to issue Aviation Programs, describes in more We are issuing this rulemaking under rules on aviation safety. Subtitle I, the authority described in subtitle VII,

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part A, subpart III, section 44701, Effective Date Archives and Records Administration ‘‘General requirements.’’ Under that (a) This AD becomes effective February 24, (NARA). section, Congress charges the FAA with 2006. For information on the availability of this promoting safe flight of civil aircraft in material at the NARA, call (202) 741–6030, Affected ADs or go to http://www.archives.gov/federal_ air commerce by prescribing regulations _ _ _ (b) None. register/code of federal regulations/ for practices, methods, and procedures ibr_locations.html. the Administrator finds necessary for Applicability safety in air commerce. This regulation Issued in Renton, Washington, on January (c) This AD applies to EMBRAER Model 10, 2006. is within the scope of that authority EMB–120, –120ER, –120FC, –120QC, and Ali Bahrami, because it addresses an unsafe condition –120RT airplanes, certificated in any that is likely to exist or develop on category; as identified in EMBRAER Service Manager, Transport Airplane Directorate, products identified in this rulemaking Bulletin 120–53–0080, dated November 30, Aircraft Certification Service. action. 2004. [FR Doc. 06–469 Filed 1–19–06; 8:45 am] BILLING CODE 4910–13–P Regulatory Findings Unsafe Condition We have determined that this AD will (d) This AD results from a report indicating not have federalism implications under that, during production, a pinhole was left DEPARTMENT OF TRANSPORTATION Executive Order 13132. This AD will open at the upper frame of the auxiliary power unit (APU) firewall. We are issuing Federal Aviation Administration not have a substantial direct effect on this AD to ensure that the APU compartment the States, on the relationship between is isolated from the rest of the airplane in the 14 CFR Part 39 the national government and the States, event of an APU fire. or on the distribution of power and [Docket No. FAA–2005–22873; Directorate responsibilities among the various Compliance Identifier 2005–NM–197–AD; Amendment levels of government. (e) You are responsible for having the 39–14457; AD 2006–02–05] For the reasons discussed above, I actions required by this AD performed within RIN 2120–AA64 certify that this AD: the compliance times specified, unless the actions have already been done. (1) Is not a ‘‘significant regulatory Airworthiness Directives; Bombardier action’’ under Executive Order 12866; Rivet Installation Model CL–600–2B19 (Regional Jet (2) Is not a ‘‘significant rule’’ under Series 100 & 440) Airplanes DOT Regulatory Policies and Procedures (f) Within 4,000 flight hours or 24 months, whichever occurs first after the effective date (44 FR 11034, February 26, 1979); and of this AD: Install a rivet and washer in the AGENCY: Federal Aviation (3) Will not have a significant hole of the upper frame of the APU firewall, Administration (FAA), Department of economic impact, positive or negative, in accordance with EMBRAER Service Transportation (DOT). on a substantial number of small entities Bulletin 120–53–0080, dated November 30, ACTION: Final rule. under the criteria of the Regulatory 2004. Flexibility Act. SUMMARY: The FAA is adopting a new We prepared a regulatory evaluation Alternative Methods of Compliance airworthiness directive (AD) for certain (AMOCs) of the estimated costs to comply with Bombardier Model CL–600–2B19 this AD and placed it in the AD docket. (g)(1) The Manager, International Branch, (Regional Jet Series 100 & 440) ANM–116, Transport Airplane Directorate, See the ADDRESSES section for a location airplanes. This AD requires replacing FAA, has the authority to approve AMOCs to examine the regulatory evaluation. for this AD, if requested in accordance with the Camloc fasteners on the sidewall of the center pedestal. This AD results List of Subjects in 14 CFR Part 39 the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in from reports of the Camloc fasteners on Air transportation, Aircraft, Aviation accordance with § 39.19 on any airplane to the sidewall of the center pedestal safety, Incorporation by reference, which the AMOC applies, notify the disengaging and interfering with an Safety. appropriate principal inspector in the FAA inboard rudder pedal. We are issuing Flight Standards Certificate Holding District Adoption of the Amendment this AD to prevent these fasteners from Office. disengaging and interfering with an I Accordingly, under the authority Related Information inboard rudder pedal, which could delegated to me by the Administrator, (h) Brazilian airworthiness directive 2005– reduce directional controllability of the the FAA amends 14 CFR part 39 as 08–03, effective September 5, 2005, also airplane. follows: addresses the subject of this AD. DATES: This AD becomes effective PART 39—AIRWORTHINESS Material Incorporated by Reference February 24, 2006. The Director of the Federal Register DIRECTIVES (i) You must use EMBRAER Service approved the incorporation by reference Bulletin 120–53–0080, dated November 30, I of a certain publication listed in the AD 1. The authority citation for part 39 2004, to perform the actions that are required continues to read as follows: by this AD, unless the AD specifies as of February 24, 2006. Authority: 49 U.S.C. 106(g), 40113, 44701. otherwise. The Director of the Federal ADDRESSES: You may examine the AD Register approved the incorporation by docket on the Internet at http:// § 39.13 [Amended] reference of this document in accordance dms.dot.gov or in person at the Docket I 2. The Federal Aviation with 5 U.S.C. 552(a) and 1 CFR part 51. Management Facility, U.S. Department Administration (FAA) amends § 39.13 Contact Empresa Brasileira de Aeronautica of Transportation, 400 Seventh Street S.A. (EMBRAER), P.O. Box 343—CEP 12.225, SW., Nassif Building, room PL–401, by adding the following new Sao Jose dos Campos—SP, Brazil, for a copy airworthiness directive (AD): of this service information. You may review Washington, DC. Contact Bombardier, Inc., Canadair, 2006–02–02 Empresa Brasileira De copies at the Docket Management Facility, Aeronautica S.A. (EMBRAER): U.S. Department of Transportation, 400 Aerospace Group, P.O. Box 6087, Amendment 39–14454. Docket No. Seventh Street SW., room PL–401, Nassif Station Centre-ville, Montreal, Quebec FAA–2005–22871; Directorate Identifier Building, Washington, DC; on the Internet at H3C 3G9, Canada, for service 2005–NM–191–AD. http://dms.dot.gov; or at the National information identified in this AD.

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FOR FURTHER INFORMATION CONTACT: We are issuing this rulemaking under Docket No. FAA–2005–22873; Daniel Parrillo, Aerospace Engineer, the authority described in subtitle VII, Directorate Identifier 2005–NM–197–AD. Systems and Flight Test Branch, ANE– part A, subpart III, section 44701, Effective Date 172, FAA, New York Aircraft ‘‘General requirements.’’ Under that (a) This AD becomes effective February 24, Certification Office, 1600 Stewart section, Congress charges the FAA with 2006. Avenue, suite 410, Westbury, New York promoting safe flight of civil aircraft in 11590; telephone (516) 228–7305; fax air commerce by prescribing regulations Affected ADs (516) 794–5531. for practices, methods, and procedures (b) None. SUPPLEMENTARY INFORMATION: the Administrator finds necessary for Applicability safety in air commerce. This regulation Examining the Docket (c) This AD applies to Bombardier Model is within the scope of that authority CL–600–2B19 (Regional Jet Series 100 & 440) You may examine the airworthiness because it addresses an unsafe condition airplanes, certificated in any category, serial directive (AD) docket on the Internet at that is likely to exist or develop on numbers 7003 through 7986 inclusive. http://dms.dot.gov or in person at the products identified in this rulemaking Unsafe Condition Docket Management Facility office action. between 9 a.m. and 5 p.m., Monday (d) This AD results from reports of the Regulatory Findings through Friday, except Federal holidays. Camloc fasteners on the sidewall of the We have determined that this AD will center pedestal disengaging and interfering The Docket Management Facility office with an inboard rudder pedal. We are issuing (telephone (800) 647–5227) is located on not have federalism implications under this AD to prevent these fasteners from the plaza level of the Nassif Building at Executive Order 13132. This AD will disengaging and interfering with an inboard the street address stated in the not have a substantial direct effect on rudder pedal, which could reduce directional ADDRESSES section. the States, on the relationship between controllability of the airplane. the national government and the States, Compliance Discussion or on the distribution of power and The FAA issued a notice of proposed responsibilities among the various (e) You are responsible for having the rulemaking (NPRM) to amend 14 CFR actions required by this AD performed within levels of government. the compliance times specified, unless the part 39 to include an AD that would For the reasons discussed above, I actions have already been done. apply to certain Bombardier Model CL– certify that this AD: 600–2B19 (Regional Jet Series 100 & (1) Is not a ‘‘significant regulatory Replacement of Fasteners 440) airplanes. That NPRM was action’’ under Executive Order 12866; (f) Within 5,500 flight hours after the published in the Federal Register on (2) Is not a ‘‘significant rule’’ under effective date of this AD, replace, with screws November 15, 2005 (70 FR 69291). That DOT Regulatory Policies and Procedures and nut plate assemblies, the Camloc NPRM proposed to require replacing the (44 FR 11034, February 26, 1979); and fasteners on the left and right sidewalls of the center pedestal, in accordance with the Camloc fasteners on the sidewall of the (3) Will not have a significant economic impact, positive or negative, Accomplishment Instructions of Bombardier center pedestal. Service Bulletin 601R–31–030, Revision F, on a substantial number of small entities dated September 1, 2005. Comments under the criteria of the Regulatory We provided the public the Flexibility Act. Actions Accomplished Previously opportunity to participate in the We prepared a regulatory evaluation (g) Replacing fasteners before the effective development of this AD. We received no of the estimated costs to comply with date of this AD in accordance with the comments on the NPRM or on the this AD and placed it in the AD docket. Accomplishment Instructions of one of the determination of the cost to the public. See the ADDRESSES section for a location issues of Bombardier Service Bulletin 601R– to examine the regulatory evaluation. 31–030 identified in Table 1 of this AD is Conclusion acceptable for compliance with the List of Subjects in 14 CFR Part 39 requirements of paragraph (f) of this AD. We have carefully reviewed the Air transportation, Aircraft, Aviation available data and determined that air TABLE 1.—PREVIOUS SERVICE BUL- safety and the public interest require safety, Incorporation by reference, LETIN REVISIONS ACCEPTABLE FOR adopting the AD as proposed. Safety. COMPLIANCE Costs of Compliance Adoption of the Amendment I Issue of Bombardier This AD will affect about 718 Accordingly, under the authority Service Bulletin Date airplanes of U.S. registry. The required delegated to me by the Administrator, 601R–31–030 actions will take about 1 work hour per the FAA amends 14 CFR part 39 as airplane, at an average labor rate of $65 follows: Original ...... June 22, 2004. per work hour. Required parts will cost Revision A ...... October 6, 2004. about $135 per airplane. Based on these PART 39—AIRWORTHINESS Revision B ...... November 4, 2004. figures, the estimated cost of the AD for DIRECTIVES Revision C ...... December 15, 2004. Revision D ...... June 16, 2005. U.S. operators is $143,600, or $200 per I 1. The authority citation for part 39 Revision E ...... July 7, 2005. airplane. continues to read as follows: Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Alternative Methods of Compliance (AMOCs) Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue (h)(1) The Manager, New York Aircraft rules on aviation safety. Subtitle I, I 2. The Federal Aviation Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in section 106, describes the authority of Administration (FAA) amends § 39.13 by adding the following new accordance with the procedures found in 14 the FAA Administrator. Subtitle VII, CFR 39.19. Aviation Programs, describes in more airworthiness directive (AD): (2) Before using any AMOC approved in detail the scope of the Agency’s 2006–02–05 Bombardier, Inc. (Formerly accordance with § 39.19 on any airplane to authority. Canadair): Amendment 39–14457. which the AMOC applies, notify the

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appropriate principal inspector in the FAA balance spring, and rigging the assembly Comments Flight Standards Certificate Holding District to suit the rudder of each airplane. This Office. We provided the public the AD results from production inspections opportunity to participate in the Related Information that showed that the spring assembly development of this AD. We received no (i) Canadian airworthiness directive CF– that controls rudder balance may not comments on the NPRM or on the 2004–23R1, dated July 18, 2005, also have the correct pre-load on some determination of the cost to the public. addresses the subject of this AD. airplanes. We are issuing this AD to prevent uncommanded yaw movements Explanation of Change to Related Material Incorporated by Reference and consequent reduced controllability Information (j) You must use Bombardier Service of the airplane. We have revised paragraph (k) of this Bulletin 601R–31–030, Revision F, dated September 1, 2005, to perform the actions DATES: This AD becomes effective AD to include reference to Canadian that are required by this AD, unless the AD February 24, 2006. airworthiness directive CF–2005–21R1, specifies otherwise. The Director of the The Director of the Federal Register dated November 23, 2005, which was Federal Register approved the incorporation approved the incorporation by reference issued to revise the applicability of the by reference of this document in accordance of certain publications listed in the AD affected airplanes. This change was with 5 U.S.C. 552(a) and 1 CFR part 51. as of February 24, 2006. reflected in the applicability of the Contact Bombardier, Inc., Canadair, proposed AD. Aerospace Group, P.O. Box 6087, Station ADDRESSES: You may examine the AD Centre-ville, Montreal, Quebec H3C 3G9, docket on the Internet at http:// Conclusion Canada, for a copy of this service dms.dot.gov or in person at the Docket We have carefully reviewed the information. You may review copies at the Management Facility, U.S. Department Docket Management Facility, U.S. available data and determined that air of Transportation, 400 Seventh Street, safety and the public interest require Department of Transportation, 400 Seventh SW., Nassif Building, room PL–401, Street SW., room PL–401, Nassif Building, adopting the AD with the change Washington, DC; on the Internet at http:// Washington, DC. described previously. We have dms.dot.gov; or at the National Archives and Contact Bombardier, Inc., Canadair, determined that this change will neither Records Administration (NARA). For Aerospace Group, P.O. Box 6087, increase the economic burden on any information on the availability of this Station Centre-ville, Montreal, Quebec operator nor increase the scope of the material at the NARA, call (202) 741–6030, H3C 3G9, Canada, for service AD. or go to http://www.archives.gov/ information identified in this AD. federal_register/code_of_federal_regulations/ Costs of Compliance ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Daniel Parrillo, Aerospace Engineer, This AD will affect about 501 Issued in Renton, Washington, on January Systems and Flight Test Branch, ANE– airplanes of U.S. registry. The required 10, 2006. 172, FAA, New York Aircraft actions will take about 12 work hours Ali Bahrami, Certification Office, 1600 Stewart per airplane, at an average labor rate of Manager, Transport Airplane Directorate, Avenue, Suite 410, Westbury, New York $65 per work hour. Required parts will Aircraft Certification Service. 11590; telephone (516) 228–7305; fax cost about $1,749 per airplane. Based on [FR Doc. 06–466 Filed 1–19–06; 8:45 am] (516) 794–5531. these figures, the estimated cost of the BILLING CODE 4910–13–P AD for U.S. operators is $1,267,029, or SUPPLEMENTARY INFORMATION: $2,529 per airplane. Examining the Docket DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking You may examine the airworthiness Title 49 of the United States Code Federal Aviation Administration directive (AD) docket on the Internet at specifies the FAA’s authority to issue http://dms.dot.gov or in person at the rules on aviation safety. Subtitle I, 14 CFR Part 39 Docket Management Facility office section 106, describes the authority of between 9 a.m. and 5 p.m., Monday the FAA Administrator. Subtitle VII, [Docket No. FAA–2005–22917; Directorate through Friday, except Federal holidays. Identifier 2005–NM–157–AD; Amendment Aviation Programs, describes in more 39–14456; AD 2006–02–04] The Docket Management Facility office detail the scope of the Agency’s (telephone (800) 647–5227) is located on authority. RIN 2120–AA64 the plaza level of the Nassif Building at We are issuing this rulemaking under the street address stated in the the authority described in subtitle VII, Airworthiness Directives; Bombardier ADDRESSES section. part A, subpart III, section 44701, Model CL–600–1A11 (CL–600), CL– ‘‘General requirements.’’ Under that 600–2A12 (CL–601), and CL–600–2B16 Discussion section, Congress charges the FAA with (CL–601–3A, CL–601–3R, and CL–604) The FAA issued a notice of proposed promoting safe flight of civil aircraft in Airplanes rulemaking (NPRM) to amend 14 CFR air commerce by prescribing regulations AGENCY: Federal Aviation part 39 to include an AD that would for practices, methods, and procedures Administration (FAA), Department of apply to certain Bombardier Model CL– the Administrator finds necessary for Transportation (DOT). 600–1A11 (CL–600), CL–600–2A12 (CL– safety in air commerce. This regulation ACTION: Final rule. 601), and CL–600–2B16 (CL–601–3A, is within the scope of that authority CL–601–3R, and CL–604) airplanes. because it addresses an unsafe condition SUMMARY: The FAA is adopting a new That NPRM was published in the that is likely to exist or develop on airworthiness directive (AD) for certain Federal Register on November 10, 2005 products identified in this rulemaking Bombardier Model CL–600–1A11 (CL– (70 FR 68377). That NPRM proposed to action. 600), CL–600–2A12 (CL–601), and CL– require modifying the rudder balance 600–2B16 (CL–601–3A, CL–601–3R, & spring assembly by installing a new Regulatory Findings CL–604) airplanes. This AD requires adjustable balance spring, and rigging We have determined that this AD will modifying the rudder balance spring the assembly to suit the rudder of each not have federalism implications under assembly by installing a new adjustable airplane. Executive Order 13132. This AD will

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not have a substantial direct effect on List of Subjects in 14 CFR Part 39 by adding the following new the States, on the relationship between airworthiness directive (AD): the national government and the States, Air transportation, Aircraft, Aviation 2006–02–04 Bombardier, Inc. (Formerly or on the distribution of power and safety, Incorporation by reference, Safety. Canadair): Amendment 39–14456. responsibilities among the various Docket No. FAA–2005–22917; levels of government. Adoption of the Amendment Directorate Identifier 2005–NM–157–AD. For the reasons discussed above, I certify that this AD: I Accordingly, under the authority Effective Date (1) Is not a ‘‘significant regulatory delegated to me by the Administrator, (a) This AD becomes effective February 24, action’’ under Executive Order 12866; the FAA amends 14 CFR part 39 as 2006. (2) Is not a ‘‘significant rule’’ under follows: DOT Regulatory Policies and Procedures Affected ADs (44 FR 11034, February 26, 1979); and PART 39—AIRWORTHINESS (b) None. (3) Will not have a significant DIRECTIVES economic impact, positive or negative, Applicability on a substantial number of small entities I 1. The authority citation for part 39 (c) This AD applies to Bombardier Model under the criteria of the Regulatory continues to read as follows: CL–600–1A11 (CL–600), CL–600–2A12 (CL– Flexibility Act. 601), and CL–600–2B16 (CL–601–3A, CL– Authority: 49 U.S.C. 106(g), 40113, 44701. We prepared a regulatory evaluation 601–3R, and CL–604) airplanes, certificated of the estimated costs to comply with § 39.13 [Amended] in any category; as identified in Table 1 of this AD and placed it in the AD docket. this AD. See the ADDRESSES section for a location I 2. The Federal Aviation to examine the regulatory evaluation. Administration (FAA) amends § 39.13

TABLE 1.—AFFECTED AIRPLANES BY SERIAL NUMBER

Affected serial Bombardier airplane model numbers

CL–600–1A11 (CL–600) ...... 1004 through 1085 inclusive. CL–600–2A12 (CL–601) ...... 3001 through 3066 inclusive. CL–600–2B16 (CL–601–3A and CL–601–3R) ...... 5001 through 5194 inclusive. CL–600–2B16 (CL–604) ...... 5301 through 5564 inclusive.

Unsafe Condition consequent reduced controllability of the Service Bulletin Reference (d) This AD results from production airplane. (f) The term ‘‘service bulletin,’’ as used in inspections that showed that the spring Compliance this AD, means the Accomplishment assembly that controls rudder balance may (e) You are responsible for having the Instructions of the applicable service bulletin not have the correct pre-load on some actions required by this AD performed within in Table 2 of this AD. airplanes. We are issuing this AD to prevent the compliance times specified, unless the uncommanded yaw movements and actions have already been done.

TABLE 2.—SERVICE BULLETINS

Bombardier airplane model Bombardier service bulletin

CL–600–1A11 (CL–600) ...... 600–0714, including Appendix 1 and excluding Appendix 2, dated April 4, 2003. CL–600–2A12 (CL–601), and CL–600–2B16 (CL–601–3A and CL– (601–0549, including Appendix 1 and excluding Appendix 2, dated 601–3R). April 4, 2003. CL–600–2B16 (CL–604) ...... 604–27–013, including Appendix 1 and excluding Appendix 2, dated April 4, 2003.

Modification and Rigging No Reporting Required requested in accordance with the procedures (g) Within 12 months after the effective (h) Although the service bulletins found in 14 CFR 39.19. date of this AD: Modify and rig the adjustable referenced in this AD specify to submit (2) Before using any AMOC approved in rudder balance spring assembly for the certain information to the manufacturer, this accordance with § 39.19 on any airplane to rudder control surface, in accordance with AD does not include that requirement. which the AMOC applies, notify the the Accomplishment Instructions of the Parts Installation appropriate principal inspector in the FAA Flight Standards Certificate Holding District applicable service bulletin specified in Table (i) After the effective date of this AD, no Office. 2 of this AD. Where the service bulletin person may install on any airplane a rudder specifies contacting Bombardier for balance spring assembly unless it has been Related Information instructions on making certain adjustments: modified and rigged in accordance with (k) Canadian airworthiness directives CF– Before further flight, adjust according to a paragraph (g) of this AD. 2005–21, dated June 23, 2005, and CF–2005– method approved by the Manager, New York Alternative Methods of Compliance 21R1, dated November 23, 2005, also address Aircraft Certification Office (ACO), FAA; or (AMOCs) the subject of this AD. Transport Canada Civil Aviation (TCCA) (or (j)(1) The Manager, New York ACO, has the its delegated agent). authority to approve AMOCs for this AD, if

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Material Incorporated by Reference 552(a) and 1 CFR part 51. Contact Nassif Building, Washington, DC; on the (1) You must use the service documents Bombardier, Inc., Canadair, Aerospace Internet at http://dms.dot.gov; or at the identified in Table 3 of this AD to perform Group, P.O. Box 6087, Station Centre-ville, National Archives and Records the actions that are required by this AD, Montreal, Quebec H3C 3G9, Canada, for a Administration (NARA). For information on unless the AD specifies otherwise. The copy of this service information. You may the availability of this material at the NARA, Director of the Federal Register approved the review copies at the Docket Management call (202) 741–6030, or go to http:// incorporation by reference of these Facility, U.S. Department of Transportation, www.archives.gov/federal_register/code_ documents in accordance with 5 U.S.C. 400 Seventh Street, SW., room PL–401, of_federal_regulations/ibr_locations.html.

TABLE 3.—MATERIAL INCORPORATED BY REFERENCE

Bombardier service bulletin Date

600–0714, including Appendix 1 and excluding Appendix 2 ...... April 4, 2003. 601–0549, including Appendix 1 and excluding Appendix 2 ...... April 4, 2003. 604–27–013, including Appendix 1 and excluding Appendix 2 ...... April 4, 2003.

Issued in Renton, Washington, on January frame foot and cracking in adjacent 61924). That NPRM proposed to require 10, 2006. frames and skin, and result in reduced a one-time rototest inspection for Ali Bahrami, structural integrity of the fuselage. cracking of the frame foot and adjacent Manager, Transport Airplane Directorate, DATES: This AD becomes effective frames and skin in the area surrounding Aircraft Certification Service. February 24, 2006. the frame foot run-outs from fuselage [FR Doc. 06–467 Filed 1–19–06; 8:45 am] The Director of the Federal Register frames (FR) 43 through FR 46, and BILLING CODE 4910–13–P approved the incorporation by reference repair if necessary. The NPRM also of a certain publication listed in the AD proposed to require modification of as of February 24, 2006. certain fastener holes. DEPARTMENT OF TRANSPORTATION ADDRESSES: You may examine the AD Comments Federal Aviation Administration docket on the Internet at http:// dms.dot.gov or in person at the Docket We provided the public the 14 CFR Part 39 Management Facility, U.S. Department opportunity to participate in the of Transportation, 400 Seventh Street, development of this AD. We have [Docket No. FAA–2005–22810; Directorate SW., Nassif Building, Room PL–401, Identifier 2005–NM–143–AD; Amendment considered the single comment Washington, DC. received. 39–14458; AD 2006–02–06] Contact Airbus, 1 Rond Point Maurice RIN 2120–AA64 Bellonte, 31707 Blagnac Cedex, France, Request for Clarification of Service for service information identified in this Bulletin Reference Airworthiness Directives; Airbus Model AD. A310–203, –204, and –222 Airplanes, FOR FURTHER INFORMATION CONTACT: Dan The commenter states that a reference and Model A310–300 Series Airplanes Rodina, Aerospace Engineer, to Airbus Service Bulletin A310–53– 2124, dated April 4, 2005, was omitted AGENCY: Federal Aviation International Branch, ANM–116, Administration (FAA), Department of Transport Airplane Directorate, FAA, in paragraph (f) of the NPRM. We agree Transportation (DOT). 1601 Lind Avenue, SW., Renton, with the commenter. We inadvertently omitted the service bulletin number in ACTION: Final rule. Washington 98055–4056; telephone (425) 227–2125; fax (425) 227–1149. paragraph (f); that error has been SUMMARY: The FAA is adopting a new SUPPLEMENTARY INFORMATION: corrected in this final rule. airworthiness directive (AD) for certain Conclusion Airbus Model A310–203, –204, and Examining the Docket –222 airplanes, and Model A310–300 You may examine the airworthiness We have carefully reviewed the series airplanes. This AD requires a one- directive (AD) docket on the Internet at available data, including the comment time rototest inspection for cracking of http://dms.dot.gov or in person at the received, and determined that air safety the frame foot and adjacent frames and Docket Management Facility office and the public interest require adopting skin in the area surrounding the frame between 9 a.m. and 5 p.m., Monday the AD with the change described foot run-outs from fuselage frames (FR) through Friday, except Federal holidays. previously. This change will neither 43 through FR 46, and repair if The Docket Management Facility office increase the economic burden on any necessary. This AD also requires (telephone (800) 647–5227) is located on operator nor increase the scope of the modification of certain fastener holes. the plaza level of the Nassif Building at AD. This AD results from a structural the street address stated in the evaluation of Model A310 airplanes for ADDRESSES section. Costs of Compliance widespread fatigue damage of the frame foot run-outs from FR 43 through FR 46. Discussion This AD will affect about 59 airplanes The evaluation revealed that, on in- The FAA issued a notice of proposed of U.S. registry. The actions will take service airplanes, undetected cracking rulemaking (NPRM) to amend 14 CFR about 31 work hours per airplane, at an in this area can lead to the rupture of part 39 to include an AD that would average labor rate of $65 per work hour. the frame foot and subsequent cracking apply to certain Airbus Model A310– Required parts will cost about $1,730 of the adjacent frames and fuselage skin. 203, –204, and –222 airplanes, and per kit (two kits per airplane). Based on We are issuing this AD to prevent Model A310–300 series airplanes. That these figures, the estimated cost of the fatigue cracking of the frame foot run- NPRM was published in the Federal AD for U.S. operators is $323,025, or outs, which could lead to rupture of the Register on October 27, 2005 (70 FR $5,475 per airplane.

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. and 03 in paragraph 1.E.(2), ‘‘Compliance’’ of the service bulletin, after the effective date of Title 49 of the United States Code § 39.13 [Amended] this AD. specifies the FAA’s authority to issue I 2. The Federal Aviation (ii) Within 3,000 flight cycles after the rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 effective date of this AD. section 106, describes the authority of by adding the following new the FAA Administrator. Subtitle VII, Repair Per FAA or Direction Ge´ne´rale de airworthiness directive (AD): Aviation Programs, describes in more l’Aviation Civile (DGAC) 2006–02–06 Airbus: Amendment 39–14458. detail the scope of the Agency’s (g) For any cracking found during any authority. Docket No. FAA–2005–22810; Directorate Identifier 2005–NM–143–AD. inspection required by this AD for which the We are issuing this rulemaking under service bulletin specifies to contact the the authority described in subtitle VII, Effective Date manufacturer for an appropriate repair: part A, subpart III, section 44701, (a) This AD becomes effective February 24, Before further flight, repair in accordance ‘‘General requirements.’’ Under that 2006. with a method approved by the Manager, section, Congress charges the FAA with Affected ADs International Branch, ANM–116, Transport promoting safe flight of civil aircraft in Airplane Directorate, FAA; or the DGAC (or (b) None. air commerce by prescribing regulations its delegated agent). for practices, methods, and procedures Applicability the Administrator finds necessary for Alternative Methods of Compliance (c) This AD applies to Airbus Model A310– (AMOCs) safety in air commerce. This regulation 203, –204, and –222 airplanes, and Model is within the scope of that authority A310–304, –322, –324, and –325 airplanes; (h)(1) The Manager, International Branch, because it addresses an unsafe condition certificated in any category; except those ANM–116, has the authority to approve that is likely to exist or develop on airplanes on which Airbus Modification AMOCs for this AD, if requested in products identified in this rulemaking 13023 has been accomplished in production. accordance with the procedures found in 14 action. Unsafe Condition CFR 39.19. (2) Before using any AMOC approved in (d) This AD results from a structural Regulatory Findings accordance with 14 CFR 39.19 on any evaluation of Model A310 airplanes for We have determined that this AD will widespread fatigue damage of the frame foot airplane to which the AMOC applies, notify not have federalism implications under run-outs from frame (FR) 43 through FR 46. the appropriate principal inspector in the Executive Order 13132. This AD will We are issuing this AD to prevent fatigue FAA Flight Standards Certificate Holding not have a substantial direct effect on cracking of the frame foot run-outs, which District Office. could lead to rupture of the frame foot and the States, on the relationship between Related Information the national government and the States, cracking in adjacent frames and skin, and result in reduced structural integrity of the (i) French airworthiness directive F–2005– or on the distribution of power and fuselage. 078, dated May 11, 2005, also addresses the responsibilities among the various subject of this AD. levels of government. Compliance For the reasons discussed above, I (e) You are responsible for having the Material Incorporated by Reference certify that this AD: actions required by this AD performed within (j) You must use Airbus Service Bulletin the compliance times specified, unless the (1) Is not a ‘‘significant regulatory A310–53–2124, dated April 4, 2005, to actions have already been done. action’’ under Executive Order 12866; perform the actions that are required by this (2) Is not a ‘‘significant rule’’ under Inspection/Repair/Modification AD, unless the AD specifies otherwise. The DOT Regulatory Policies and Procedures (f) At the later of the times specified in Director of the Federal Register approved the (44 FR 11034, February 26, 1979); and paragraphs (f)(1) and (f)(2) of this AD, incorporation by reference of this document (3) Will not have a significant perform a one-time rototest inspection for in accordance with 5 U.S.C. 552(a) and 1 CFR economic impact, positive or negative, cracking of the frame foot and adjacent part 51. Contact Airbus, 1 Rond Point on a substantial number of small entities frames and skin in the area surrounding the Maurice Bellonte, 31707 Blagnac Cedex, under the criteria of the Regulatory frame foot run-outs from fuselage frame FR France, for a copy of this service information. 43 through FR 46 by doing all the applicable Flexibility Act. You may review copies at the Docket actions specified in the Accomplishment We prepared a regulatory evaluation Management Facility, U.S. Department of of the estimated costs to comply with Instructions of Airbus Service Bulletin A310– 53–2124, dated April 4, 2005. Except as Transportation, 400 Seventh Street SW., this AD and placed it in the AD docket. required by paragraph (g) of this AD, repair room PL–401, Nassif Building, Washington, See the ADDRESSES section for a location any cracking before further flight in DC; on the Internet at http://dms.dot.gov; or to examine the regulatory evaluation. accordance with the Accomplishment at the National Archives and Records List of Subjects in 14 CFR Part 39 Instructions of the service bulletin. Before Administration (NARA). For information on further flight after performing the inspection, the availability of this material at the NARA, Air transportation, Aircraft, Aviation modify the fastener holes located between FR call (202) 741–6030, or go to http:// safety, Incorporation by reference, 43 and FR 46 on the center box and on the www.archives.gov/federal_register/code_ upper fuselage bent sections in accordance Safety. of_federal_regulations/ibr_locations.html. with the Accomplishment Instructions of the Adoption of the Amendment service bulletin. Issued in Renton, Washington, on January (1) Before the accumulation of the total 10, 2006. I Accordingly, under the authority flight-cycle or flight-hour threshold, Ali Bahrami, delegated to me by the Administrator, whichever is first, specified in the the FAA amends 14 CFR part 39 as Accomplishment Timescale table in Manager, Transport Airplane Directorate, follows: paragraph 1.E.(2), ‘‘Compliance’’ of the Aircraft Certification Service. service bulletin. [FR Doc. 06–465 Filed 1–19–06; 8:45 am] PART 39—AIRWORTHINESS (2) At the earlier of the times specified in BILLING CODE 4910–13–P DIRECTIVES paragraphs (f)(2)(i) and (f)(2)(ii) of this AD. (i) Before the accumulation of the total I 1. The authority citation for part 39 flight-cycle or flight-hour threshold, continues to read as follows: whichever is first, specified in Notes 01, 02,

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DEPARTMENT OF TRANSPORTATION Docket Management Facility office is within the scope of that authority between 9 a.m. and 5 p.m., Monday because it addresses an unsafe condition Federal Aviation Administration through Friday, except Federal holidays. that is likely to exist or develop on The Docket Management Facility office products identified in this rulemaking 14 CFR Part 39 (telephone (800) 647–5227) is located on action. the plaza level of the Nassif Building at [Docket No. FAA–2005–22749; Directorate Regulatory Findings Identifier 2005–NM–188–AD; Amendment the street address stated in the 39–14455; AD 2006–02–03] ADDRESSES section. We have determined that this AD will not have federalism implications under RIN 2120–AA64 Discussion Executive Order 13132. This AD will The FAA issued a notice of proposed Airworthiness Directives; Raytheon not have a substantial direct effect on rulemaking (NPRM) to amend 14 CFR Model Hawker 800XP Airplanes the States, on the relationship between part 39 to include an AD that would the national government and the States, AGENCY: Federal Aviation apply to certain Raytheon Model or on the distribution of power and Administration (FAA), Department of Hawker 800XP airplanes. That NPRM responsibilities among the various Transportation (DOT). was published in the Federal Register levels of government. ACTION: Final rule. on October 27, 2005 (70 FR 61914). That For the reasons discussed above, I NPRM proposed to require inspecting to certify that this AD: SUMMARY: The FAA is adopting a new determine if the correct fuse is installed (1) Is not a ‘‘significant regulatory airworthiness directive (AD) for certain on the hydraulic over-temperature action’’ under Executive Order 12866; Raytheon Model Hawker 800XP switch on panel ZK in the rear airplanes. This AD requires inspecting equipment bay, and replacing the (2) Is not a ‘‘significant rule’’ under to determine if the correct fuse is existing fuse if necessary. DOT Regulatory Policies and Procedures installed on the hydraulic over- (44 FR 11034, February 26, 1979); and temperature switch on panel ZK in the Comments (3) Will not have a significant rear equipment bay, and replacing the We provided the public the economic impact, positive or negative, existing fuse if necessary. This AD opportunity to participate in the on a substantial number of small entities results from a report of the installation development of this AD. We received no under the criteria of the Regulatory of an incorrect fuse on the over- comments on the NPRM or on the Flexibility Act. temperature switch on panel ZK in the determination of the cost to the public. We prepared a regulatory evaluation rear equipment bay during airplane Conclusion of the estimated costs to comply with maintenance. We are issuing this AD to this AD and placed it in the AD docket. prevent a short circuit in the fuse and We have carefully reviewed the See the ADDRESSES section for a location consequent heat damage to associated available data and determined that air to examine the regulatory evaluation. wiring and surrounding equipment, safety and the public interest require List of Subjects in 14 CFR Part 39 which could result in smoke or fire on adopting the AD as proposed. the airplane. Costs of Compliance Air transportation, Aircraft, Aviation DATES: This AD becomes effective safety, Incorporation by reference, There are about 138 airplanes of the February 24, 2006. Safety. affected design in the worldwide fleet. The Director of the Federal Register This AD will affect about 110 airplanes Adoption of the Amendment approved the incorporation by reference of U.S. registry. The required actions of a certain publication listed in the AD I will take about 2 work hours per Accordingly, under the authority as of February 24, 2006. airplane, at an average labor rate of $65 delegated to me by the Administrator, ADDRESSES: You may examine the AD per work hour. Required parts cost is the FAA amends 14 CFR part 39 as docket on the Internet at http:// negligible. Based on these figures, the follows: dms.dot.gov or in person at the Docket estimated cost of the AD for U.S. PART 39—AIRWORTHINESS Management Facility, U.S. Department operators is $14,300, or $130 per DIRECTIVES of Transportation, 400 Seventh Street, airplane. SW., Nassif Building, room PL–401, I Washington, DC. Authority for This Rulemaking 1. The authority citation for part 39 continues to read as follows: Contact Raytheon Aircraft Company, Title 49 of the United States Code Department 62, P.O. Box 85, Wichita, specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. Kansas, 67201–0085, for service rules on aviation safety. Subtitle I, § 39.13 [Amended] information identified in this AD. section 106, describes the authority of FOR FURTHER INFORMATION CONTACT: the FAA Administrator. Subtitle VII, I 2. The Federal Aviation Philip Petty, Aerospace Engineer, Aviation Programs, describes in more Administration (FAA) amends § 39.13 Electrical Systems and Avionics, ACE– detail the scope of the Agency’s by adding the following new 119W, FAA, Wichita Aircraft authority. airworthiness directive (AD): Certification Office, 1801 Airport Road, We are issuing this rulemaking under 2006–02–03 Raytheon Aircraft Company: room 100, Mid-Continent Airport, the authority described in subtitle VII, Amendment 39–14455. Docket No. Wichita, Kansas 67209; telephone (316) part A, subpart III, section 44701, FAA–2005–22749; Directorate Identifier 946–4139; fax (316) 946–4107. ‘‘General requirements.’’ Under that 2005–NM–188–AD. SUPPLEMENTARY INFORMATION: section, Congress charges the FAA with Effective Date promoting safe flight of civil aircraft in Examining the Docket (a) This AD becomes effective February 24, air commerce by prescribing regulations 2006. You may examine the airworthiness for practices, methods, and procedures directive (AD) docket on the Internet at the Administrator finds necessary for Affected ADs http://dms.dot.gov or in person at the safety in air commerce. This regulation (b) None.

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Applicability Alternative Methods of Compliance committee when we determine if the (c) This AD applies to Raytheon Model (AMOCs) individual is engaging in substantial Hawker 800XP airplanes, certificated in any (h)(1) The Manager, Wichita Aircraft gainful activity under titles II and XVI category, serial numbers 258541, 258556, and Certification Office, has the authority to of the Social Security Act (the Act). In 258567 through 258713 inclusive. approve AMOCs for this AD, if requested in addition, we will not evaluate any of the accordance with the procedures found in 14 Unsafe Condition services the individual is providing as a CFR 39.19. member or consultant of the FACA (d) This AD results from a report of the (2) Before using any AMOC approved in advisory committee when determining installation of an incorrect fuse on the over- accordance with § 39.19 on any airplane to temperature switch on panel ZK in the rear which the AMOC applies, notify the if the individual has engaged in equipment bay during airplane maintenance. appropriate principal inspector in the FAA substantial gainful activity under titles We are issuing this AD to prevent a short Flight Standards Certificate Holding District II and XVI of the Act. circuit in the fuse and consequent heat Office. Based on our experience with FACA damage to associated wiring and surrounding Material Incorporated by Reference advisory committees and the frequency equipment, which could result in smoke or and level of activity required by these (i) You must use Raytheon Service Bulletin fire on the airplane. SB 24–3724, dated May 2005, to perform the committees, we believe that Compliance actions that are required by this AD, unless performance of activity on these committees does not demonstrate the (e) You are responsible for having the the AD specifies otherwise. The Director of the Federal Register approved the ability to perform substantial gainful actions required by this AD performed within incorporation by reference of this document the compliance times specified, unless the activity. We believe this to be consistent in accordance with 5 U.S.C. 552(a) and 1 CFR actions have already been done. with Congress’s view, as it has part 51. Contact Raytheon Aircraft Company, recognized in creating the Ticket to Inspect and Replace if Necessary Department 62, P.O. Box 85, Wichita, Kansas, Work advisory committee, for example, 67201–0085, for a copy of this service (f) Within 50 flight hours or 30 days after information. You may review copies at the that current disability beneficiaries the effective date of this AD, whichever is Docket Management Facility, U.S. should be considered for membership. first: Do a general visual inspection to Department of Transportation, 400 Seventh This also will encourage individuals determine if a 20-amp fuse is installed on the Street, SW., room PL–401, Nassif Building, with disabilities to serve on FACA hydraulic over-temperature switch on panel Washington, DC; on the Internet at http:// advisory committees, thereby providing ZK in the rear equipment bay in accordance dms.dot.gov; or at the National Archives and with the Accomplishment Instructions of the benefit of their unique perspective Records Administration (NARA). For Raytheon Service Bulletin SB 24–3724, dated on policies and programs to the Federal information on the availability of this Government. May 2005. If a 20-amp fuse is installed, material at the NARA, call (202) 741–6030, before further flight, replace it with a 3-amp or go to http://www.archives.gov/ DATES: This final rule is effective on fuse in accordance with the Accomplishment federal_register/code_of_federal_regulations/ February 21, 2006. Instructions of the service bulletin. ibr_locations.html. Note 1: For the purposes of this AD, a Electronic Version general visual inspection is: ‘‘A visual Issued in Renton, Washington, on January The electronic file of this document is 10, 2006. examination of an interior or exterior area, available on the date of publication in installation, or assembly to detect obvious Ali Bahrami, the Federal Register at http:// damage, failure, or irregularity. This level of Manager, Transport Airplane Directorate, www.gpoaccess.gov/fr/index.html. inspection is made from within touching Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: distance unless otherwise specified. A mirror [FR Doc. 06–468 Filed 1–19–06; 8:45 am] Mary Hoover, Policy Analyst, Office of may be necessary to enhance visual access to BILLING CODE 4910–13–P all exposed surfaces in the inspection area. Program Development and Research, This level of inspection is made under Social Security Administration, 6401 normally available lighting conditions such Security Boulevard, Baltimore, MD as daylight, hangar lighting, flashlight, or SOCIAL SECURITY ADMINISTRATION 21235–6401. Call (410) 965–5651 or droplight and may require removal or TTY 1–800–325–0778 for information 20 CFR Parts 404 and 416 opening of access panels or doors. Stands, about these final rules. For information ladders, or platforms may be required to gain RIN 0960–AG07 on eligibility or filing for benefits, call proximity to the area being checked.’’ our national toll-free number 1–(800) Note 2: A note in the Accomplishment Work Activity of Persons Working as 772–1213 or TTY 1–(800) 325–0778. Instructions of the Raytheon service bulletin Members of Advisory Committees You may also contact Social Security instructs operators to contact Raytheon if any Established Under the Federal Online at http://www.socialsecurity.gov/. difficulty is encountered in accomplishing Advisory Committee Act (FACA) the service bulletin. However, any deviation SUPPLEMENTARY INFORMATION: from the instructions provided in the service AGENCY: Social Security Administration. What Is the Purpose of This Final Rule? bulletin must be approved as an alternative ACTION: Final Rule. method of compliance (AMOC) under In this final rule, we are establishing paragraph (g) of this AD. SUMMARY: We are revising our disability a new, special rule that applies to regulations under titles II and XVI of the individuals working as members or Repair Approval Social Security Act to establish a new, consultants of a committee, board, (g) Where the Raytheon Service Bulletin SB special rule that affects individuals who commission, council or similar group 24–3724, dated May 2005, says to contact the are receiving payments or providing established under the FACA, 5 U.S.C. manufacturer if any sign of damage is found services as members or consultants of a App. 2. Under this special rule, earnings on associated terminals and wires: Before committee, board, commission, council received or services provided by the further flight, contact the Manager, Wichita or similar group established under the individual as a result of serving on a Aircraft Certification Office, FAA, for applicable repair actions; then, before further Federal Advisory Committee Act Federal Advisory Committee, will not flight, accomplish the applicable repair (FACA). Under this special rule, we will be evaluated when deciding if the actions specified, according to a method not count any earnings an individual is individual has engaged in substantial approved by the Manager, Wichita Aircraft receiving from serving as a member or gainful activity under titles II and XVI Certification Office. consultant of a FACA advisory of the Act.

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What Is the FACA? Public Comments commenters’ recommendation to extend The FACA and its implementing On June 3, 2005, we published this rule to advisory panels at the state regulations allow the Federal proposed rules in the Federal Register or local level. We will evaluate on a Government to establish or utilize at 70 FR 32550 and provided a 60-day case-by-case basis whether services advisory committees consisting of non- period for interested parties to performed or earnings received for Federal employees when they are comment. We received comments from activity on other advisory committees determined to be essential for furnishing 6 advocacy organizations and 3 constitute SGA using existing rules. expert advice, ideas, and diverse individuals. Because some of the Regulatory Procedures opinions to the Federal Government. comments received were quite detailed, Advisory committees are established we have condensed, summarized or Executive Order 12866 solely when it is beneficial to the paraphrased them in the discussion We have consulted with the Office of Federal Government. Such committees below. We have tried to present all Management and Budget (OMB) and serve an advisory role only. Members views adequately and carefully address determined that this final rule meets the and consultants of advisory committees all of the issues raised by the criteria for a significant regulatory established under FACA receive commenters that are within the scope of action under Executive Order 12866, as compensation in a manner which gives the final rules. amended by Executive Order 13256. appropriate recognition to the Comment: One individual disagreed Thus, it was reviewed by OMB. We have responsibilities and qualifications with our proposed implementation of also determined that this rule meets the required and other relevant factors. this special rule and wanted all income plain language requirement of Executive to be treated equally. What Rules Are We Revising and Why? Response: One of our highest Order 12866, as amended by Executive The purpose of FACA advisory priorities is to help individuals with Order 13258. committees is to provide expert advice, disabilities achieve independence by Regulatory Flexibility Act ideas, and diverse opinions to the helping them to take advantage of Federal Government. The individuals employment opportunities. To this end, We certify that this final rule will not who serve on these advisory committees we have various employment supports have a significant economic impact on do so for the benefit of the Federal and work incentives in place to a substantial number of small entities Government. Consistent with Congress’s disregard some or all of an individual’s because it affects only individuals. view (as reflected by mandating earnings while he or she attempts to Thus, a regulatory flexibility analysis as consideration of currently disabled return to work. provided in the Regulatory Flexibility Social Security beneficiaries for This disregard will encourage Act, as amended, is not required. membership on the Ticket to Work individuals with disabilities to Paperwork Reduction Act advisory committee), we do not believe participate on FACA committees. that performance of activity on these Furthermore, based on our experience, This final rule imposes no reporting committees demonstrates an ability to we do not believe that work performed or recordkeeping requirements requiring perform substantial gainful activity. by individuals with disabilities serving OMB clearance. This special rule will encourage on a FACA committee demonstrates an (Catalog of Federal Domestic Assistance individuals with disabilities to serve on ability to perform substantial gainful Programs Nos. 96.001, Social Security— FACA advisory committees, thereby activity. Therefore, we are not adopting Disability Insurance; 96.002, Social providing the benefit of their unique this commenter’s recommendation. Security—Retirement Insurance; 96.004, perspective on policies and programs to Comment: Three commenters Social Security—Survivors Insurance; the Federal Government. We will not supported the rule without 96.006, Supplemental Security Income) evaluate earnings received or services qualifications. Five commenters List of Subjects provided by the individual, as a result supported the rule but wanted it to of serving on a Federal Advisory extend to similar types of advisory 20 CFR Part 404 Committee, when deciding if the panels at the state and local level. individual has engaged in substantial Response: There are numerous Administrative practice and gainful activity. This special rule will committees, boards, and similar groups procedure, Blind, Disability benefits, eliminate the fear individuals may have which have been established to advise Old-Age, Survivors and Disability concerning the loss or denial of benefits the Federal Government; therefore, Insurance, Reporting and recordkeeping (including health care), based on Congress enacted the Federal Advisory requirements, Social Security. earnings received and services provided Committee Act (FACA) to regulate these 20 CFR Part 416 as a result of serving on a FACA committees and groups. The FACA advisory committee. directs the establishment of these Administrative practice and committees, their purpose, functions, procedure, Aged, Blind, Disability Explanation of Changes organization, record-keeping benefits, Public assistance programs, We are revising §§ 404.1574 and requirements, and conditions for Reporting and recordkeeping 416.974 to specify that if you are serving termination. These directives will requirements, Supplemental Security as a member or consultant of an assure that committees established Income (SSI). advisory committee, board, commission, under the FACA will operate in a Dated: October 18, 2005. council or similar group established uniform manner. Jo Anne B. Barnhart, under FACA, we will not evaluate the Other advisory committees are not Commissioner of Social Security. earnings you receive or the services subject to these exacting regulations. We provided as a result from serving on cannot be assured that their functions I For the reasons set out in the such committees when we determine and organization meet the same criteria preamble, we are amending subpart P of whether you are engaging in substantial of a FACA committee, on which we base part 404 and subpart I of part 416 of gainful activity under title II and title the establishment of this special rule. chapter III of title 20 of the Code of XVI of the Act. Therefore, we are not adopting the Federal Regulations as set forth below:

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PART 404—FEDERAL OLD-AGE, and 1383b); secs. 4(c) and 5, 6(c)–(e), 14(a), the Code of Federal Regulations in TD SURVIVORS AND DISABILITY and 15, Pub. L. 98–460, 98 Stat. 1794, 1801, 9203, which was published in the INSURANCE (1950–) 1802, and 1808 (42 U.S.C. 421 note, 423 note, Federal Register on Monday, May 23, 1382h note). 2005 (70 FR 29452). I 4. Section 416.974 is amended by Subpart P—[Amended] DATES: This correction is effective on adding a new paragraph (e) to read as May 23, 2005. I 1. The authority citation for subpart P follows: continues to read as follows: FOR FURTHER INFORMATION CONTACT: Jian § 416.974 Evaluation guides if you are an H. Grant, (202) 622–3050 (not a toll-free Authority: Secs. 202, 205(a), (b), and (d)– employee. (h), 216(i), 221(a) and (i), 222(c), 223, 225, number). and 702(a)(5) of the Social Security Act (42 * * * * * SUPPLEMENTARY INFORMATION: U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), (e) Work activity as a member or 421(a) and (i), 422(c), 423, 425, and consultant of an advisory committee Background 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 established under the Federal Advisory This document adds § 301.7701–3T to Stat. 2105, 2189. Committee Act (FACA), 5 U.S.C. App. 2. the Code of Federal Regulations. The I 2. Section 404.1574 is amended by If you are serving as a member or final regulations that are the subject of adding a new paragraph (e) to read as consultant of an advisory committee, this correction are under section 7701 of follows: board, commission, council, or similar the Internal Revenue Code. group established under FACA, we will § 404.1574 Evaluation guides if you are an not count any payments you receive Need for Correction employee. from serving on such committees as As published, § 301.7701–3T was * * * * * earnings when we determine whether inadvertently removed in its entirety (e) Work activity as a member or you are engaging in substantial gainful from the Code of Federal Regulations in consultant of an advisory committee activity. These payments may include TD 9203. established under the Federal Advisory compensation, travel expenses, and Committee Act (FACA), 5 U.S.C. App. 2. special assistance. We also will exclude List of Subjects in 26 CFR Part 301 If you are serving as a member or the services you perform as a member or Employment taxes, Estate and excise consultant of an advisory committee, consultant of an advisory committee taxes, Gift taxes, Income taxes, board, commission, council, or similar established under FACA in applying Penalties, Reporting and recordkeeping group established under FACA, we will any of the substantial gainful activity requirements. not count any payments you receive tests discussed in paragraph (b)(6) of from serving on such committees as this section. This exclusion from the Correction of Publication earnings when we determine whether substantial gainful activity provision I Accordingly, 26 CFR part 301 is you are engaging in substantial gainful will apply only if you are a member or corrected as follows: activity. These payments may include consultant of an advisory committee compensation, travel expenses, and specifically authorized by statute, or by PART 301—PROCEDURE AND special assistance. We also will exclude the President, or determined as a matter ADMINISTRATION the services you perform as a member or of formal record by the head of a federal consultant of an advisory committee government agency. This exclusion from I Paragraph 1. The authority citation established under FACA in applying the substantial gainful activity for part 301 continues to read, in part, any of the substantial gainful activity provisions will not apply if your service as follows: tests discussed in paragraph (b)(6) of as a member or consultant of an Authority: 26 U.S.C. 7805 * * * this section. This exclusion from the advisory committee is part of your I substantial gainful activity provisions duties or is required as an employee of Par. 2. Section 301.7701–3T is added will apply only if you are a member or any governmental or non-governmental to read as follows: consultant of an advisory committee organization, agency, or business. § 301.7701–3T Classification of certain specifically authorized by statute, or by [FR Doc. 06–510 Filed 1–19–06; 8:45 am] business entities (temporary). the President, or determined as a matter BILLING CODE 4191–02–P (a) through (c)(1)(i) [Reserved]. For of formal record by the head of a federal further guidance, see § 301.7701–3(a) government agency. This exclusion from through (c)(1)(i). the substantial gainful activity DEPARTMENT OF THE TREASURY (ii) Further notification of elections. provisions will not apply if your service An eligible entity required to file a as a member or consultant of an Internal Revenue Service Federal tax or information return for the advisory committee is part of your taxable year for which an election is duties or is required as an employee of 26 CFR Part 301 made under § 301.7701–3(c)(1)(i) must any governmental or non-governmental attach a copy of its Form 8832 to its [TD 9203] organization, agency, or business. Federal tax or information return for RIN 1545–BC32 PART 416—SUPPLEMENTAL that year. If the entity is not required to file a return for that year, a copy of its SECURITY INCOME FOR THE AGED, Deemed Election To Be an Association BLIND, AND DISABLED Form 8832, ‘‘Entity Classification Taxable as a Corporation for a Election,’’ must be attached to the Qualified Electing S Corporation; Subpart I—[Amended] Federal income tax or information Correction return of any direct or indirect owner of I 3. The authority citation for subpart I AGENCY: Internal Revenue Service (IRS), the entity for the taxable year of the continues to read as follows; Treasury. owner that includes the date on which Authority: Secs. 702(a)(5), 1611, 1614, ACTION: Correction to final regulations. the election was effective. An indirect 1619, 1631(a), (c), and (d)(1), and 1633 of the owner of the entity does not have to Social Security Act (42 U.S.C. 902(a)(5), SUMMARY: This document adds the text attach a copy of the Form 8832 to its 1382, 1382c, 1382h, 1383(a), (c), and (d)(1), that was inadvertently removed from return if an entity in which it has an

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interest is already filing a copy of the disclosure is restricted by statute. Therefore, we propose to grant Ohio Form 8832 with its return. If an entity, Certain other material, such as final authorization to operate its or one of its direct or indirect owners, copyrighted material, is not placed on hazardous waste program with the fails to attach a copy of a Form 8832 to the internet and will be publicly changes described in the authorization its return as directed in this section, an available only in hard copy form. application. Ohio has responsibility for otherwise valid election under Publicly available docket materials are permitting Treatment, Storage, and § 301.7701–3(c)(1)(i) will not be available either electronically through Disposal Facilities (TSDFs) within its invalidated, but the non-filing party http://www.regulations.gov or in hard borders (except in Indian Country) and may be subject to penalties, including copy as follows. You can view and copy for carrying out the aspects of the RCRA any applicable penalties if the Federal Ohio’s application from 9 a.m. to 4 p.m. program described in its revised tax or information returns are at the following addresses: Ohio program application, subject to the inconsistent with the entity’s election Environmental Protection Agency, limitations of the Hazardous and Solid under § 301.7701–3(c)(1)(i). In the case Lazarus Government Center, 122 South Waste Amendments of 1984 (HSWA). of returns for taxable years beginning Front Street, Columbus, Ohio, (mailing New Federal requirements and after December 31, 2002, the copy of address P.O. Box 1049, Columbus, Ohio prohibitions imposed by Federal Form 8832 attached to a return pursuant 43216) contact Kit Arthur (614) 644– regulations that EPA promulgates under to this paragraph (c)(1)(ii) is not 2932; and EPA Region 5, contact Gary the authority of HSWA take effect in required to be a signed copy. Westefer at the following address. authorized States before they are (c)(1)(iii) through (h)(3) [Reserved]. FOR FURTHER INFORMATION CONTACT: Gary authorized for the requirements. Thus, For further guidance, see § 301.7701– Westefer, Ohio Regulatory Specialist, EPA will implement those requirements 3(c)(1)(iii) through (h)(3). U.S. EPA Region 5, DM–7J, 77 West and prohibitions in Ohio, including issuing permits, until the State is Guy R. Traynor, Jackson Boulevard, Chicago, Illinois granted authorization to do so. Federal Register Liaison, Publications and 60604, at (312) 886–7450, or at Regulations Br., Legal Processing Division, [email protected]. C. What Is the Effect of Today’s Associate Chief Counsel, (Procedures and SUPPLEMENTARY INFORMATION: On August Authorization Decision? Administration). 11, 2005, EPA published a proposed This decision means that a facility in [FR Doc. 06–507 Filed 1–19–06; 8:45 am] rule proposing to grant Ohio Ohio subject to RCRA will now have to BILLING CODE 4830–01–P authorization for changes to its RCRA comply with the authorized State program, listed in Section F of that requirements (listed in section F of this notice, which was subject to public notice) instead of the equivalent Federal ENVIRONMENTAL PROTECTION comment. The public comment period requirements in order to comply with AGENCY ended September 12, 2005, additional RCRA. Ohio has enforcement comment time was provided through responsibilities under its State 40 CFR Part 271 newspaper notices and comments were hazardous waste program for violations [EPA–R05–RCRA–2006–0032; FRL–8023–3] accepted through October 31, 2005. No of such program, but EPA retains its comments were received. We hereby authority under RCRA sections 3007, Ohio: Final Authorization of State determine that Ohio’s hazardous waste 3008, 3013, and 7003, which include, Hazardous Waste Management program revisions satisfy all of the among others, authority to: Program Revision requirements necessary to qualify for • Do inspections, and require final authorization. monitoring, tests, analyses or reports; AGENCY: Environmental Protection • Agency (EPA). A. Why Are Revisions to State Enforce RCRA requirements and Programs Necessary? suspend or revoke permits; ACTION: Final rule. • Take enforcement actions regardless States which have received final SUMMARY: of whether the State has taken its own EPA is granting Ohio Final authorization from EPA under RCRA authorization of the changes to its actions. section 3006(b), 42 U.S.C. 6926(b), must This action does not impose hazardous waste program under the maintain a hazardous waste program Resource Conservation and Recovery additional requirements on the that is equivalent to, consistent with, regulated community because the Act (RCRA). The agency published a and no less stringent than the Federal proposed rule on August 11, 2005 at 70 regulations for which Ohio is being program. As the Federal program authorized by today’s action are already FR 46799 and provided for public changes, States must change their comment. The public comment period effective, and are not changed by today’s programs and ask EPA to authorize the action. ended on September 12, 2005. We changes. Changes to State programs may received no comments. No further be necessary when Federal or State D. Proposed Rule opportunity for comment will be statutory or regulatory authority is On August 11, 2005 (70 FR 46799), provided. EPA has determined that modified or when certain other changes EPA published a proposed rule. In that these changes satisfy all requirements occur. Most commonly, States must rule we proposed granting authorization needed to qualify for final authorization. change their programs because of of changes to Ohio’s hazardous waste DATES: The final authorization will be changes to EPA’s regulations in 40 Code program and opened our decision to effective on January 20, 2006. of Federal Regulations (CFR) parts 124, public comment. The agency received ADDRESSES: EPA has established a 260 through 266, 268, 270, 273 and 279. no comments on this proposal. EPA docket for this action under Docket ID found Ohio’s RCRA program to be B. What Decisions Have We Made in No. EPA R–05–RCRA–2006–0032. All satisfactory. documents in the docket are listed on This Rule? the http://www.regulations.gov Web We conclude that Ohio’s application E. What Has Ohio Previously Been site. Although listed in the index, some to revise its authorized program meets Authorized for? information is not publicly available, all of the statutory and regulatory Ohio initially received final e.g., CBI or other information whose requirements established by RCRA. authorization on June 28, 1989, effective

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June 30, 1989 (54 FR 27170) to October 23, 1996, effective December their changes in accordance with 40 implement the RCRA hazardous waste 23, 1996 (61 FR 54950); and January 24, CFR 271.21. We now make a final management program. We granted 2003, effective January 24, 2003 (68 FR decision that Ohio’s hazardous waste authorization for changes to their 3429). program revision satisfies all of the program on April 8, 1991, effective June F. What Changes Are We Authorizing requirements necessary to qualify for 7, 1991 (56 FR 14203) as corrected June With Today’s Action? final authorization. Therefore, we 19, 1991, effective August 19, 1991 (56 propose to grant Ohio final On October 18, 2004, Ohio submitted FR 28088); July 27, 1995, effective authorization for the following program a final complete program revision September 25, 1995 (60 FR 38502); application, seeking authorization of changes:

TABLE 1.—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS

Federal Register date Description of Federal requirement and page (and/or (include checklist #, if relevant) RCRA statutory Analogous State authority authority)

Listing of Spent Pickle Liquor (K062), Correc- August 3, 1987, 52 FR Ohio Administrative Code (OAC) 3745–51–32, Effective December tion 2, Checklist 26.2. 28697. 28, 1987. Standards For Generators; Waste Minimization October 1, 1986, 51 OAC 3745–52–20, Effective December 30, 1989. Certifications Checklist 32. FR 35190. HSWA Codification Rule 2; Permit Modification December 1, 1987, 52 OAC 3745–50–51, Effective June 15, 1992. Checklist 44D. FR 45788. HSWA Codification Rule 2; Post-Closure Per- December 1, 1987, 52 OAC 3745–50–45, Effective September 2, 1997. mits Checklist 44G. FR 45788. Land Disposal Restriction Amendments to First May 2, 1989, 54 FR OAC 3745–270–40, Effective February 11, 1992, Renumbered from Third Scheduled Wastes (Technical Correc- 18836. OAC 3745–59–40 on December 7, 2000. tion to Checklist 50) Checklist 62. Wood Preserving Listings Checklist 82 ...... December 6, 1990, 55 OAC 3745–50–44; 3745–51–04; 3745–51–11; 3745–51–20; 3745– FR 50450. 51–30; 3745–51–31; 3745–51–35; 3745–52–34; 3745–55–90; 3745–57–80; 3745–57–81; 3745–57–82; 3745–57–83; 3745–57– 84; 3745–57–85; 3745–66–90; 3745–69–40; 3745–69–41; 3745– 69–42; 3745–69–43; 3745–69–44; 3745–69–45, Effective Sep- tember 2, 1997. Wood Preserving Listing; Technical Correction July 1, 1991, 56 FR OAC 3745–50–44; 3745–51–04; 3745–51–35; 3745–52–34; 3745– Checklist 92. 30192. 57–80; 3745–57–81; 3745–57–82; 3745–57–83; 3745–57–84; 3745–57–85; 3745–69–40; 3745–69–43, Effective September 2, 1997. Land Disposal Restrictions for Electric Arc Fur- June 8, 2000, 56 FR OAC 3745–51–03; 3745–51–04; 3745–270–40; 3745–270–42, Effec- nace Dust (K061) Checklist 95. 41164. tive February 14, 1995 and September 2, 1997. Second Correction to the Third Land Disposal March 6, 1992, 57 FR OAC 3745–54–13; 3745–65–13; 3745–270–03; 3745–270–40; 3745– Restrictions Checklist 102. 8086. 270–42, Effective December 7, 2000. Hazardous Debris Case-by-Case Capacity Vari- May 15, 1992, 57 FR OAC 3745–270–35, Effective December 7, 2000. ance Checklist 103. 20766. Lead Bearing Hazardous Materials Case-by- June 26, 1992, 57 FR OAC 3745–270–35, Effective December 7, 2000. Case Capacity Variance Checklist 106. 28628. Toxicity Characteristics Revision; Technical July 10, 1992, 57 FR OAC 3745–51–04; 3745–68–011, Effective February 14, 1995 and Corrections Checklist 108. 30657. September 2, 1997. Land Disposal Restrictions for Newly Listed August 18, 1992, 57 OAC 3745–50–10; 3745–50–43; 3745–50–44; 3745–50–51; 3745– Wastes and Hazardous Debris Checklist 109. FR 37194. 51–03; 3745–52–34; 3745–55–10; 3745–55–11; 3745–55–12; 3745–55–40; 3745–55–42; 3745–66–10; 3745–66–11; 3745–66– 12; 3745–66–40; 3745–66–42; 3745–67–21; 3745–218–01; 3745– 218–011; 3745–218–02; 3745–248–01; 3745–248–011; 3745– 248–02; 3745–270–02; 3745–270–05; 3745–270–07; 3745–270– 09; 3745–270–40; 3745–270–42; 3745–270–45; 3745–270–50, Ef- fective December 7, 2000. Recycled Used Oil Management Standards September 10, 1992, OAC 3745–50–10; 3745–51–03; 3745–51–05; 3745–51–06; 3745– Checklist 112. 57 FR 41566. 279–01; 3745–279–10; 3745–279–11; 3745–279–12; 3745–279– 20; 3745–279–21; 3745–279–22; 3745–279–23; 3745–279–24; 3745–279–30; 3745–279–31; 3745–279–32; 3745–279–40; 3745– 279–41; 3745–279–42; 3745–279–43; 3745–279–44; 3745–279– 45; 3745–279–46; 3745–279–47; 3745–279–50; 3745–279–51; 3745–279–52; 3745–279–53; 3745–279–54; 3745–279–55; 3745– 279–56; 3745–279–57; 3745–279–58; 3745–279–59; 3745–279– 60; 3745–279–61; 3745–279–62; 3745–279–63; 3745–279–64; 3745–279–65; 3745–279–66; 3745–279–67; 3745–279–70; 3745– 279–71; 3745–279–72; 3745–279–73; 3745–279–74; 3745–279– 75; 3745–279–80; 3745–279–81; 3745–279–82, Effective October 20, 1998. Hazardous Soil Case-by-Case Capacity Vari- October 20, 1992, 57 OAC 3745–270–35, Effective December 7, 2000. ance Checklist 116. FR 47772. Mixture and Derived From Rules; Response to March 3, 1992, 57 FR OAC 3745–51–03, Effective December 7, 2000. Court Remand Checklist 117A. 7628.

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TABLE 1.—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued

Federal Register date Description of Federal requirement and page (and/or (include checklist #, if relevant) RCRA statutory Analogous State authority authority)

Mixture and Derived From Rules; Technical June 1, 1992, 57 FR OAC 3745–51–03, Effective December 7, 2000. Correction Checklist 117A.1. 23062. Mixture and Derived From Rules; Final Rule October 20, 1992, 57 OAC 3745–51–03, Effective December 7, 2000. Checklist 117A.2. FR 49278. Wood Preserving: Amendments to Listings and December 24, 1992, OAC 3745–51–31; 3745–57–80; 3745–57–81; 3745–57–82; 3745– Technical Requirements Checklist 120. 57 FR 61492. 57–83; 3745–69–40; 3745–69–41; 3745–69–42; 3745–69–43, Ef- fective September 2, 1997. Recycled Used Oil Management Standards; May 3, 1993, 58 FR OAC 3745–51–04; 3745–51–05; 3745–54–01; 3745–65–01; 3745– Technical Amendments and Corrections 26420. 279–01; 3745–279–10; 3745–279–11; 3745–279–12; 3745–279– Checklist 122 as Amended checklist 122.1. June 17, 1993, 58 FR 21; 3745–279–22; 3745–279–23; 3745–279–40; 3745–279–42; 33341. 3745–279–43; 3745–279–45; 3745–279–51; 3745–279–52; 3745– 279–54; 3745–279–60; 3745–279–62; 3745–279–64; 3745–279– 70; 3745–279–72; 3745–279–73; 3745–279–74, Effective October 20, 1998. Land Disposal Restrictions; Renewal of the May 14, 1993, 58 FR OAC 3745–270–35, Effective December 7, 2000. Hazardous Waste Debris Case-by-Case Ca- 28506. pacity Variance Checklist 123. Land Disposal Restrictions for Ignitable and May 24, 1993, 58 FR OAC 3745–50–51; 3745–54–01; 3745–65–01; 3745–270–01; 3745– Corrosive Characteristic Wastes Whose 29860. 270–02; 3745–270–07; 3745–270–09; 3745–270–37; 3745–270– Treatment Standards Were Vacated Check- 40; 3745–270–42, Effective December 7, 2000. list 124. Hazardous Waste Identification and Listing of March 4, 1994, 59 FR OAC 3745–279–01; 3745–279–10; 3745–279–20; 3745–279–41; Hazardous Waste; Recycled Used Oil Man- 10550. 3745–279–44; 3745–279–46; 3745–279–53; 3745–279–63, Effec- agement Standards Checklist 130. tive October 20, 1998. Hazardous Waste Management System; Cor- June 20, 1994, 59 FR OAC 3745–51–11; 3745–51–33; 3745–270–42, Effective September rection of Listing of P015-Berylium Powder 31551. 2, 1997. Checklist 134. Standards for the Management of Specific Haz- August 24, 1994, 59 OAC 3745–266–20; 3745–270–40, Effective December 7, 2000. ardous Wastes; Amendment to Subpart C- FR 43496. Recyclable Materials Used in a Manner Con- stituting Disposal; Final Rule Checklist 136. Land Disposal Restrictions Phase II-Universal September 19, 1994, OAC 3745–50–23; 3745–50–24; 3745–50–26; 3745–51–02; 3745– Treatment Standards, and Treatment Stand- 59 FR 47982. 54–01; 3745–65–01; 3745–266–20; 3745–266–23; 3745–270–01; ards for Organic Toxicity Characteristic January 3, 1995, 60 3745–270–02; 3745–270–07; 3745–270–09; 3745–270–38; 3745– Wastes and Newly Listed Waste Checklist FR 242. 270–40; 3745–270–42; 3745–270–45; 3745–270–48; 3745–270– 137 as amended Checklist 137.1. 49, Effective December 7, 2000. Universal Waste Rule; Administrative Require- May 11, 1995, 60 FR OAC 3745–50–10; 3745–50–45; 3745–51–05; 3745–51–09; 3745– ments (Hazardous Waste Management Sys- 25492. 52–10; 3745–52–11; 3745–54–01; 3745–65–01; 3745–270–01; tem; Modification of the Hazardous Waste 3745–273–01; 3745–273–03; 3745–273–05; 3745–273–06; 3745– Recycling Regulatory Program); Final Rule 273–10; 3745–273–11; 3745–273–12; 3745–273–14; 3745–273– Checklist 142A. 15; 3745–273–16; 3745–273–17; 3745–273–18; 3745–273–19; 3745–273–20; 3745–273–30; 3745–273–31; 3745–273–32; 3745– 273–34; 3745–273–35; 3745–273–36; 3745–273–37; 3745–273– 38; 3745–273–39; 3745–273–40; 3745–273–50; 3745–273–51; 3745–273–52; 3745–273–53; 3745–273–54; 3745–273–55; 3745– 273–56; 3745–273–60; 3745–273–61; 3745–273–62; 3745–273– 70, Effective September 2, 1997 and October 20, 1998. Universal Waste Rule; Covered Batteries (Haz- May 11, 1995, 60 FR OAC 3745–50–10; 3745–50–45; 3745–51–06; 3745–51–09; 3745– ardous Waste Management System; Modi- 25492. 54–01; 3745–65–01; 3745–266–80; 3745–270–01; 3745–273–01; fication of the Hazardous Waste Recycling 3745–273–02; 3745–273–06; 3745–273–13; 3745–273–14; 3745– Regulatory Program); Final Rule Checklist 273–33; 3745–273–34, Effective September 2, 1997. 142B. Universal Waste Rule; Covered Pesticides May 11, 1995, 60 FR OAC 3745–50–10; 3745–50–45; 3745–54–01; 3745–65–01; 3745– (Hazardous Waste Management System; 25492. 270–01; 3745–273–01; 3745–273–03; 3745–273–06; 3745–273– Modification of the Hazardous Waste Recy- 13; 3745–273–14; 3745–273–32; 3745–273–33; 3745–273–34, Ef- cling Regulatory Program); Final Rule Check- fective September 2, 1997. list 142C. Universal Waste Rule; Covered Thermostats May 11, 1995, 60 FR OAC 3745–50–10; 3745–50–45; 3745–51–09; 3745–54–01; 3745– (Hazardous Waste Management System; 25492. 65–01; 3745–270–01; 3745–273–01; 3745–273–04; 3745–273–06; Modification of the Hazardous Waste Recy- 3745–273–13; 3745–273–14; 3745–273–33; 3745–273–34, Effec- cling Regulatory Program); Final Rule Check- tive September 2, 1997. list 142D. Universal Waste Rule; Petitions to Include May 11, 1995, 60 FR OAC 3745–50–20; 3745–273–80; 3745–273–81, Effective September Other Wastes (Hazardous Waste Manage- 25492. 2, 1997. ment System; Modification of the Hazardous Waste Recycling Regulatory Program); Final Rule Checklist 142E.

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TABLE 1.—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued

Federal Register date Description of Federal requirement and page (and/or (include checklist #, if relevant) RCRA statutory Analogous State authority authority)

Land Disposal Restrictions Phase III— April 8, 1996; 61 FR OAC 3745–270–01; 3745–270–02; 3745–270–03; 3745–270–07; Decharacterized Wastewaters, Carbamate 15566; April 8, 1996, 3745–270–09; 3745–270–39; 3745–270–40; 3745–270–42; 3745– Wastes, and Spent Potliners Checklist 151 61 FR 15660; April 270–44; 3745–270–48, Effective December 7, 2000. as Amended, Checklist 151.1 as Amended, 30, 1996, 61 FR Checklist 151.2 as Amended, Checklist 151.3 19117; June 28, as Amended, Checklist 151.4 as Amended, 1996, 61 FR 33680; Checklist 151.5 as Amended, Checklist 151.6. July 10, 1996, 61 FR 36419; August 26, 1996, 61 FR 43924; February 19, 1997, 62 FR 7502. Criteria for Classification of Solid Waste Dis- July 1, 1996, 61 FR OAC 3745–51–05, Effective December 7, 2000. posal Facilities and Practices; Identification 34252. and Listing of Hazardous Waste; Require- ments for Authorization of State Hazardous Waste Programs Checklist 153. Land Disposal Restrictions Phase III Emer- January 14, 1997, 62 OAC 3745–270–39; Effective December 7, 2000. gency Extension of the K088 Capacity Vari- FR 1992. ance Checklist 155. Land Disposal Restrictions Phase IV: Treat- May 12, 1997; 62 FR OAC 3745–51–01; 3745–51–02; 3745–51–04; 3745–51–06; 3745– ment Standards for Wood Preserving 25998. 270–01; 3745–270–04; 3745–270–07; 3745–270–09; 3745–270– Wastes, Paperwork Reduction and Stream- 30; 3745– 270–40; 3745–270–42; 3745–270–44; Effective Decem- lining, Exemptions from RCRA for Certain ber 7, 2000. Processed Materials; and Miscellaneous Haz- ardous Waste Provisions Checklist 157. Hazardous Waste Management System; Carba- June 17, 1997; 62 FR OAC 3745–51–11; 3745–51–30; 3745–51–32; 3745–51–33; 3745– mate Production, Identification and Listing of 32974. 270–39; 3745–270–40, Effective December 7, 2000. Hazardous Waste; Land Disposal Restric- tions Checklist 159. Land Disposal Restrictions Phase III—Emer- July 14, 1997, 62 FR OAC 3745–270–39; Effective December 7, 2000. gency Extension of the K088 National Capac- 37694. ity Variance Checklist 160. Second Emergency Revision of the Land Dis- August 28, 1997, 62 OAC 3745–270–40; 3745–270–48, Effective December 7, 2000. posal Restrictions (LDR) Treatment Stand- FR 45568. ards for Listed Hazardous Wastes From Car- bamate Production Checklist 161. Clarification of Standards for Hazardous Waste December 5, 1997, 62 OAC 3745–270–44 Effective December 7, 2000. LDR Treatment and Clarification Checklist FR 64504. 162. Recycled Used Oil Management Standards; May 6, 1998, 63 FR OAC 3745–51–05; 3745–51–06; 3745–270–10; 3745–270–22; 3745– Technical Correction and Clarification Check- 24963. 270–45; 3745–270–54; 3745–270–64; 3745–270–74, December 7, list 166 as Amended Checklist 166.1. July 14, 1998, 63 FR 2000. 37780. Land Disposal Restrictions Phase IV—Treat- May 26, 1998, 63 FR OAC 3745–270–02; 3745–270–03; 3745–270–34; 3745–270–40; ment Standards for Metal Wastes and Min- 28556. 3745–270–48, Effective December 7, 2000. eral Processing Wastes Checklist 167A. Land Disposal Restrictions Phase IV—Haz- May 26, 1998, 63 FR OAC 3745–270–02; 3745–270–07; 3745–270–44; 3745–270–49, Ef- ardous Soils Treatment Standards and Exclu- 28556. fective December 7, 2000. sions Checklist 167B. Land Disposal Restrictions Phase IV—Correc- May 26, 1998, 63 FR OAC 3745–270–04; 3745–270–07; 3745–270–40; 3745–270–42; tions Checklist 167C as amended Checklist 28556. 3745–270–45; 3745–270–48, Effective December 7, 2000. 167C.1. June 8, 1998, 63 FR 31266. Mineral Processing Secondary Materials Exclu- May 26, 1998, 63 FR OAC 3745–51–02; 3745–51–04, December 7, 2000. sion Checklist 167D. 28556. Bevill Exclusion Revisions and Clarification May 26, 1998, 63 FR OAC 3745–51–03; 3745–51–04, Effective December 7, 2000. Checklist 167E. 28556. Exclusion of Recycle Wood Preserving May 26, 1998, 63 FR OAC 3745–51–04, Effective December 7, 2000. Wastewaters Checklist 167F. 28556. Petroleum Refining Process Wastes Checklist August 6, 1998, 63 FR OAC 3745–51–03; 3745–51–04; 3745–51–06; 3745–51–30; 3745– 169. 42110. 51–31; 3745–51–32; 3745–270–35; 3745–270–40, Effective De- cember 7, 2000. Land Disposal Restrictions Phase IV; Zinc August 31, 1998, 63 OAC 3745–270–40, Effective December 7, 2000. Micronutrient Fertilizers, Administrative Stay FR 46332. Checklist 170. Emergency Revisions of LDR Treatment Stand- September 4, 1998, 63 OAC 3745–270–40; 3745–270–48, Effective December 7, 2000. ards for Listed Hazardous Wastes from Car- FR 47409. bamate Production Checklist 171.

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TABLE 1.—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued

Federal Register date Description of Federal requirement and page (and/or (include checklist #, if relevant) RCRA statutory Analogous State authority authority)

Land Disposal Restrictions Phase IV—Exten- September 9, 1998, 63 OAC 3745–270–34, Effective December 7, 2000. sion of Compliance Date Checklist 172. FR 48124. Land Disposal Restrictions Treatment Stand- September 24, 1998, OAC 3745–270–39; 3745–270–40, Effective December 7, 2000. ards for Spent Potliners from Primary Alu- 63 FR 51254. minum Production (K088) Checklist 173. Petroleum Refining Process Wastes; Exemption February 11, 1999, 64 OAC 3745–51–04, Effective December 7, 2000. for Leachate from Non-Hazardous Waste FR 6806. Landfills Checklist 178. Land Disposal Restrictions Phase IV—Tech- May 11, 1999, 64 FR OAC 3745–51–02; 3745–51–04; 3745–52–34; 3745–270–02; 3745– nical Corrections and Clarifications to Treat- 25408. 270–07; 3745–270–09; 3745–270–40; 3745–270–48; 3745–270– ment Standards Checklist 179. 49, Effective December 7, 2000. Land Disposal Restrictions; Wood Preserving October 20, 1999, 64 OAC 3745–51–32; 3745–52–34; 3745–270–07; 3745–270–40; 3745– Wastes, Metal Wastes, Zinc Micronutrients FR 56469. 270–49, Effective December 7, 2000. Fertilizer, etc.; Correction Checklist 183. Organobromine Production Wastes Checklist March 17, 2000, 65 OAC 3745–51–11; 3745–51–30; 3745–51–32; 3745–51–33; 3745– 185. FR 14472. 270–40; 3745–270–48, Effective December 7, 2000. Organobromine Production Wastes; Petroleum June 8, 2000, 65 FR OAC 3745–51–31, Effective December 7, 2000. Refining Wastes; Identification and Listing of 36365. Hazardous Waste; Land Disposal Restric- tions; Final Rule and Correcting Amendments Checklist 187. Sharing of Information with the Agency for July 15, 1985 ...... OAC 3745–49–031; 3745–50–30, Effective February 23, 1989 and Toxic Substances and Disease Registry December 30, 1989. Checklist SI.

TABLE 2.—EQUIVALENT STATE-INITIATED CHANGES

Ohio amendment Description of change Sections affected and effective date

HB435 ...... HB435: permitting system, signed May OAC 3745–50–21; 3745–50–40; 3745–50–41; 3745–50–43; 3745–50– 20, 1996. 46; 3745–50–51; 3745–50–52. Effective July 14, 1997. CL–UW ...... Housekeeping: universal waste set ...... OAC 3745–50–10; 3745–50–11; 3745–50–221; 3745–50–33 (broader in scope, see set section G); 3745–50–44; 3745–50–45; 3745–50– 62; 3745–51–03; 3745–51–04; 3745–51–06; 3745–51–11; 3745–51– 21; 3745–51–22; 3745–51–23; 3745–51–24; 3745–51–30; 3745–51– 31; 3745–51–35; 3745–52–11; 3745–52–34; 3745–52–41; 3745–52– 54; 3745–54–01; 3745–54–13; 3745–54–73; 3745–54–97; 3745–54– 98; 3745–55–41; 3745–55–43; 3745–55–45; 3745–55–47; 3745–55– 51; 3745–55–92; 3745–55–97; 3745–55–98; 3745–57–14; 3745–57– 16; 3745–58–70; 3745–65–01; 3745–65–73; 3745–65–90; 3745–65– 91; 3745–66–14; 3745–66–43; 3745–66–45; 3745–66–47; 3745–66– 94; 3745–66–98; 3745–67–73; 3745–68–14; 3745–68–16; 3745–69– 06, Effective September 2, 1997. HB647 ...... HB647: hazardous waste transporter reg- OAC 3745–53–11, Effective September 2, 1997. istration change, rule changes. CL–UO ...... Housekeeping: Used Oil Set ...... OAC 3745–50–10; 3745–50–34 (broader in scope, see section G); 3745–50–44; 3745–50–45; 3745–50–51; 3745–50–57; 3745–50–58; 3745–51–02; 3745–51–03; 3745–51–04; 3745–51–05; 3745–51–06; 3745–51–10; 3745–52–10; 3745–52–11; 3745–52–32; 3745–52–34; 3745–52–41; 3745–54–01; 3745–54–13; 3745–54–90; 3745–54–91; 3745–54–99; 3745–55–01; 3745–55–12; 3745–55–42; 3745–55–75; 3745–56–50; 3745–56–80; 3745–59–07; 3745–59–09; 3745–65–01; 3745–65–15; 3745–65–33; 3745–68–83, Effective October 20, 1998. CT-Batteries ...... DC Circuit Court of Appeals decision on OAC 3745–51–02, Effective December 7, 2000. battery recyclers v. U.S. EPA (April 21, 2000); supercedes part of May 26, 1998 amendments to 40 CFR Part 261.2(c)(3) and Table 1, column 3 heading.

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TABLE 2.—EQUIVALENT STATE-INITIATED CHANGES—Continued

Ohio amendment Description of change Sections affected and effective date

CL–LDR–1 ...... Housekeeping: LDRs plus set ...... OAC 3745–49–031; 3745–50–10; 3745–50–11; 3745–50–311; 3745– 50–40; 3745–50–43; 3745–50–44; 3745–50–45; 3745–50–48; 3745– 50–50; 3745–50–51; 3745–50–57; 3745–50–314; 3745–51–01; 3745–51–02; 3745–51–03; 3745–51–04; 3745–51–05; 3745–51–06; 3745–51–07; 3745–51–08; 3745–51–09; 3745–51–20; 3745–52–10; 3745–52–11; 3745–52–34; 3745–52–41; 3745–52–54; 3745–52–70; 3745–53–12; 3745–54–01; 3745–54–03; 3745–54–11; 3745–54–12; 3745–54–13; 3745–54–14; 3745–54–16; 3745–54–17; 3745–54–18; 3745–54–73; 3745–54–74; 3745–54–77; 3745–55–011; 3745–55–10; 3745–55–11; 3745–55–12; 3745–55–40; 3745–55–42; 3745–55–43; 3745–55–45; 3745–55–51; 3745–55–71; 3745–55–75; 3745–55–93; 3745–55–98; 3745–56–29; 3745–56–30; 3745–56–56; 3745–56–81; 3745–57–12; 3745–57–14; 3745–57–16; 3745–57–83; 3745–58–30; 3745–58–32; 3745–58–33; 3745–58–40; 3745–58–45; 3745–58–46; 3745–58–60; 3745–58–70; 3745–65–01; 3745–65–12; 3745–65–13; 3745–65–14; 3745–65–16; 3745–65–17; 3745–65–52; 3745–65–56; 3745–65–73; 3745–65–74; 3745–65–76; 3745–66–10; 3745–66–11; 3745–66–12; 3745–66–13; 3745–66–18; 3745–66–19; 3745–66–40; 3745–66–41; 3745–66–43; 3745–66–45; 3745–66–71; 3745–66–91; 3745–66–93; 3745–66–98; 3745–66–992; 3745–67–21; 3745–67–29; 3745–67–56; 3745–67–81; 3745–68–12; 3745–68–16; 3745–68–52; 3745–273–01; 3745–273–03; 3745–273–13; 3745–273–17; 3745– 273–33; 3745–273–37; 3745–273–54; 3745–273–60; 3745–279–01; 3745–279–10; 3745–279–11; 3745–279–12; 3745–279–22; 3745– 279–40; 3745–279–44; 3745–279–45; 3745–279–52; 3745–279–53; 3745–279–54; 3745–279–56; 3745–279–57; 3745–279–59; 3745– 279–63; 3745–279–64; 3745–279–65; 3745–279–74; 3745–279–81, Effective December 7, 2000. J 5 ...... Consolidated rule review per 119.032-re- OAC 3745–50–10; 3745–50–40; 3745–50–43; 3745–50–44; 3745–50– view date was October 30, 2001 (Year 45; 3745–50–46; 3745–50–51; 3745–50–52; 3745–50–57; date 5/All). 3745–50–58; 3745–50–62; 3745–51–02; 3745–51–03; 3745–51–04; 3745–51–05; 3745–52–11; 3745–52–20; 3745–52–34; 3745–52–41; 3745–54–01; 3745–54–10; 3745–54–13; 3745–54–56; 3745–54–70; 3745–54–73; 3745–54–75; 3745–54–76; 3745–54–77; 3745–54–90; 3745–54–91; 3745–54–97; 3745–54–98; 3745–54–99; 3745–55–01; 3745–55–12; 3745–55–17; 3745–55–18; 3745–55–42; 3745–55–44; 3745–55–75; 3745–56–28; 3745–56–50; 3745–56–80; 3745–56–81; 3745–57–02; 3745–58–33; 3745–58–45; 3745–65–01; 3745–65–15; 3745–65–33; 3745–65–54; 3745–65–56; 3745–65–75; 3745–65–92; 3745–65–93; 3745–66–12; 3745–66–20; 3745–66–42; 3745–66–44; 3745–66–74; 3745–67–76; 3745–68–10; 3745–270–04; 3745–270– 06; 3745–270–42; 3745–279–01; 3745–279–42; 3745–279–51; 3745–279–62; 3745–279–73, Effective March 13, 2002. Ohio Checklist 78.1 ...... Housekeeping: LDR Third Third ...... OAC 3745–57–16; 3745–68–16; 3745–270–07. Effective February 11, 1992 and December 7, 2000.

TABLE 3.—RENUMBERING OF CHAPTER 3745–59 [In CL–LDR–2, a state initiated change, Ohio has renumbered their Land Disposal Restrictions Regulations, effective December 7, 2000. These regulations were moved from OAC 3745–59 to OAC 3745–270 and are equivalent to 40 CFR part 268.]

Former Ohio Rule (rescinded) Current Ohio Rule Federal equivalent

OAC 3745–59–01 ...... OAC 3745–270–01 40 CFR 268.1. OAC 3745–59–02 ...... OAC 3745–270–02 40 CFR 268.2. OAC 3745–59–03 ...... OAC 3745–270–03 40 CFR 268.3. OAC–3745–59–04 ...... OAC 3745–270–04 40 CFR 268.4. OAC–3745–59–05 ...... OAC 3745–270–05 40 CFR 268.5. OAC–3745–59–06 ...... OAC 3745–270–06 40 CFR 268.6. OAC–3745–59–07 ...... OAC 3745–270–07 40 CFR 268.7. OAC–3745–59–09 ...... OAC 3745–270–09 40 CFR 268.9. OAC–3745–59–30 ...... OAC 3745–270–30 40 CFR 268.30. OAC–3745–59–31 ...... OAC 3745–270–31 40 CFR 268.31. OAC–3745–59–32 ...... Rescinded 40 CFR 268.32 *. OAC–3745–59–33 ...... Rescinded 40 CFR 268.33 *. OAC–3745–59–34 ...... OAC 3745–270–34 40 CFR 268.34. OAC–3745–59–35 ...... OAC 3745–270–35 40 CFR 268.35. OAC–3745–59–40 ...... OAC 3745–270–40 40 CFR 268.40. OAC–3745–59–41 ...... Rescinded None. OAC–3745–59–42 ...... OAC 3745–270–42 40 CFR 268.42. OAC–3745–59–43 ...... Rescinded None.

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TABLE 3.—RENUMBERING OF CHAPTER 3745–59—Continued [In CL–LDR–2, a state initiated change, Ohio has renumbered their Land Disposal Restrictions Regulations, effective December 7, 2000. These regulations were moved from OAC 3745–59 to OAC 3745–270 and are equivalent to 40 CFR part 268.]

Former Ohio Rule (rescinded) Current Ohio Rule Federal equivalent

OAC–3745–59–44 ...... OAC 3745–270–44 40 CFR 268.44. OAC–3745–59–50 ...... OAC 3745–270–50 40 CFR 268.50. * These U.S. EPA rules have been rescinded and replaced by totally different rules.

U.S. EPA promulgated a new § 268.33 Country,’’ as defined in 18 U.S.C. 1151. provisions of the Paperwork Reduction on November 8, 2000, Ohio has an Indian Country includes: Act of 1995 (44 U.S.C. 3501 et seq.). effective rule for this new rule at OAC 1. All lands within the exterior 3745–270–33 effective December 7, boundaries of Indian reservations 3. Regulatory Flexibility Act 2004. It will not be authorized in this within the State of Ohio; After considering the economic action. 2. Any land held in trust by the U.S. impacts of today’s rule on small entities The tables that were Federal §§ 268.41 for an Indian tribe; and under the Regulatory Flexibility Act (5 and 268.43 were moved into § 268.40. 3. Any other land, whether on or off U.S.C. 601 et seq.), I certify that this rule The recission of OAC 3745–59–41 and an Indian reservation that qualifies as will not have a significant economic 3745–59–43 maintains Ohio’s Indian Country. Therefore, EPA retains impact on a substantial number of small consistency with the Federal rule. the authority to implement and entities. administer the RCRA program in Indian G. Where Are the Revised State Rules Country. However, at this time, there is 4. Unfunded Mandates Reform Act Different From the Federal Rules? no Indian Country within the State of Ohio. Because this rule approves pre- Ohio has excluded the non-delegable existing requirements under state law Federal requirements at 40 CFR 268.5, J. What Is Codification and Is EPA and does not impose any additional 268.6, 268.42(b), 268.44, and 270.3. EPA Codifying Ohio’s Hazardous Waste enforceable duty beyond that required will continue to implement those Program as Authorized in This Rule? by state law, it does not contain any requirements. Codification is the process of placing unfunded mandate or significantly or In this package, Ohio has also the State’s statutes and regulations that uniquely affect small governments, as amended Broader in Scope provisions comprise the State’s authorized described in the Unfunded Mandates in State initiated changes HB 147 (OAC hazardous waste program into the Code Reform Act of 1995 (Pub. L. 104–4). 3745–50–34), HB 215 biennium budget of Federal Regulations. We do this by bill (OAC 3745–50–33, 3745–50–35), 5. Executive Order 13132: Federalism referencing the authorized State rules in CL–UW (OAC 3745–50–33) and CL–UO 40 CFR part 272. Ohio’s rules, up to and (see State initiated changes above) (OAC Executive Order 13132 (64 FR 43255, including those revised January 4, 2001, 3745–50–34). August 10, 1999) does not apply to this have previously been codified through rule because it will not have federalism In Checklists 112, 137 and 169, Ohio the incorporation-by-reference effective implications (i.e., substantial direct is not requesting authorization for that December 24, 2001 (66 FR 53728, effects on the States, on the relationship portion covering 266.100 because they October 24, 2001). We reserve the between the national government and are not authorized for Boilers and amendment of 40 CFR part 272, subpart the States, or on the distribution of Industrial Furnaces. KK for the codification of Ohio’s power and responsibilities among the H. Who Handles Permits After the program changes until a later date. various levels of government). Authorization Takes Effect? K. Statutory and Executive Order 6. Executive Order 13175: Consultation Ohio will issue permits for all the Reviews and Coordination With Indian Tribal provisions for which it is authorized This rule only authorizes hazardous Governments and will administer the permits it waste requirements pursuant to RCRA Executive Order 13175 (65 FR 67249, issues. EPA will continue to administer section 3006 and does not impose any November 9, 2000) does not apply to any RCRA hazardous waste permits or requirements other than those imposed this rule because it will not have tribal portions of permits which we issued by State law (see Supplementary implications (i.e., substantial direct prior to the effective date of this Information, Section A. Why are effects on one or more Indian Tribes, or authorization until they expire or are Revisions to State Programs Necessary?). on the relationship between the Federal terminated. We will not issue any more Therefore this rule complies with Government and Indian Tribes, or on new permits or new portions of permits applicable executive orders and the distribution of power and for the provisions listed in the Table statutory provisions as follows: above after the effective date of this responsibilities between the Federal authorization. EPA will continue to 1. Executive Order 18266: Regulatory Government and Indian Tribes.) Planning Review implement and issue permits for HSWA 7. Executive Order 13045: Protection of requirements for which Ohio is not yet The Office of Management and Budget Children From Environmental Health authorized. has exempted this rule from its review and Safety Risks I. How Does Today’s Action Affect under Executive Order 12866 (58 FR This rule is not subject to Executive Indian Country (18 U.S.C. 1151) in 51735, October 4, 1993). Order 13045 (62 FR 19885, April 23, Ohio? 2. Paperwork Reduction Act 1997), because it is not economically Ohio is not authorized to carry out its This rule does not impose an significant and it is not based on hazardous waste program in ‘‘Indian information collection burden under the environmental health or safety risks.

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8. Executive Order 13211: Actions That List of Subjects in 40 CFR Part 271 ADDRESSES: Comprehensive information Significantly Affect Energy Supply, Environmental protection, on the Site, as well as the comments Distribution, or Use Administrative practice and procedure, that were received during the comment This rule is not subject to Executive Confidential business information, period are available at: Stuart Hill, Order 13211 (66 FR 28355, May 22, Hazardous materials transportation, Community Involvement Coordinator, 2001), because it is not a significant Hazardous waste, Indians-lands, U.S. EPA , P19J, 77 W. Jackson, Chicago, regulatory action as defined in Intergovernmental relations, Penalties, IL, (312) 886–0684 or 1–800–621–8431. Executive Order 12866. Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: requirements. Gladys Beard, State NPL Deletion 9. National Technology Transfer Process Manager, U.S. EPA (SR–6J), 77 Advancement Act Authority: This action is issued under the authority of sections 2002(a), 3006 and W. Jackson, Chicago, IL 60604, (312) EPA approves State programs as long 7004(b) of the Solid Waste Disposal Act as 886–7253 or 1–800–621-8431. as they meet criteria required by RCRA, amended, 42 U.S.C. 6912(a), 6926, 6974(b). Information Repositories: Repositories so it would be inconsistent with Dated: December 23, 2005. have been established to provide applicable law for EPA, in its review of detailed information concerning this Gary Gulezian, a State program, to require the use of decision at the following address: U.S. any particular voluntary consensus Acting Regional Administrator, Region 5. EPA Region V Library, 77 W. Jackson, standard in place of another standard [FR Doc. 06–530 Filed 1–19–06; 8:45 am] Chicago, IL 60604, (312) 353–5821, that meets requirements of RCRA. Thus, BILLING CODE 6550–50–P Monday through Friday 8 a.m. to 4 p.m.; the requirements of section 12(d) of the Mancelona Public Library, 202 W. State National Technology Transfer and Street, Mancelona, MI 49945, (231) 587– ENVIRONMENTAL PROTECTION Advancement Act of 1995 (15 U.S.C. 9451, Monday through Friday 8 a.m. to AGENCY 272 note) do not apply to this rule. 4 p.m., Tuesday and Thursday 6 p.m. to 10. Executive Order 12988 40 CFR Part 300 8 p.m. SUPPLEMENTARY INFORMATION: As required by section 3 of Executive [FRL–8022–9] Order 12988 (61 FR 4729, February 7, List of Subjects in 40 CFR Part 300 1996), in issuing this rule, EPA has National Oil and Hazardous Substance Environmental protection, Air taken the necessary steps to eliminate Pollution Contingency Plan; National pollution control, Chemicals, Hazardous drafting errors and ambiguity, minimize Priorities List substances, Hazardous waste, potential litigation, and provide a clear Intergovernmental relations, Penalties, legal standard for affected conduct. AGENCY: Environmental Protection Agency (EPA). Reporting and recordkeeping 11. Executive Order 12630: Evaluation ACTION: Technical correction of direct requirements, Superfund, Water of Risk and Avoidance of Unanticipated final partial deletion. pollution control, Water supply. Takings Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. EPA has complied with Executive SUMMARY: On September 21, 2005, EPA 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, Order 12630 (53 FR 8859, March 15, published a notice of intent to delete (70 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 1988) by examining the takings FR 55329) and a direct final notice of 3 CFR, 1987 Comp., p. 193. implications of the rule in accordance deletion (70 FR 55296) for a portion of Dated: December 29, 2005. with the Attorney General’s the Tar Lake Superfund Site from the Gary V. Gulezian, National Priorities List. The EPA is Supplemental Guidelines for the Acting Regional Administrator, EPA Region Evaluation of Risk and Avoidance of publishing this Technical Correction to V. Unanticipated Takings issued under the the direct final notice of deletion due to Technical Correction Executive Order. errors that were published in Appendix B in direct final Notice of Deletion. I In direct final rule FR Doc. 05–18834, 12. Congressional Review Act After review of the direct final Notice of beginning on page 55300, 3rd column, Deletion, EPA is publishing today this EPA will submit a report containing in the issue of September 21, 2005, Technical Correction to change the this rule and other information required make the following correction. The word ‘‘ removing’’ to the word by the Congressional Review Act (5 correction should read as follows: U.S.C. 801 et seq.) to the U.S. Senate, ‘‘revising’’ and the location of the site the U.S. House of Representatives, and from the township ‘‘Mancelona, Appendix B to Part 300—[Corrected] the Comptroller General of the United Michigan,’’ to the ‘‘Mancelona I 2. Table 1 of Appendix B to Part 300 States prior to publication in the Township, Michigan.’’ EPA will place a is amended under Michigan ‘‘MI’’ by Federal Register. A major rule cannot copy of the final deletion package in the revising the entry for ‘‘Tar Lake’’ to read take effect until 60 days after it is site repositories. as follows: published in the Federal Register. This DATES: This Technical Correction of the action is not a ‘‘major rule’’ as defined direct final action is effective as of Appendix B to Part 300—National by 5 U.S.C. 804(2). January 20, 2006. Priorities List

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TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/county Notes a

******* MI ...... Tar Lake ...... Antrim ...... P

******* (a) *** P=Sites with partial deletion(s).

* * * * * Time Observance in Indiana finding that the move would not serve the ‘‘convenience of commerce.’’ [FR Doc. E6–572 Filed 1–19–06; 8:45 am] General History BILLING CODE 6560–50–P With regard to the counties in The time zone for Indiana has been northwest Indiana, in 1986, the Jasper the subject of much debate since time County Commissioners and the Starke zones were established, as noted by County Commissioners made separate DEPARTMENT OF TRANSPORTATION DOT in a notice proposing to change the requests to move each county from the time zone in Indiana, 56 FR 13609 Central Time Zone to the Eastern Time Office of the Secretary (April 3, 1991). In 1918, when the Zone. DOT denied their requests, Federal government first established finding that changing the boundaries 49 CFR Part 71 time zones, all of Indiana was in the would not serve the ‘‘convenience of Central Time Zone. In 1961, the commerce.’’ In 1991, in a subsequent [OST DOCKET NO. 2005–22114] Interstate Commerce Commission, proceeding, based on another request DOT’s predecessor in setting time zones, from the Starke County Commissioners, RIN 2105–AD53 moved the eastern half of Indiana to the DOT changed the time zone boundary to Eastern Time Zone, but denied requests move Starke County into the Eastern Standard Time Zone Boundary in the to move more of the State. Time Zone. State of Indiana In 1967, at the request of the Governor of Indiana, in a notice of proposed Current Indiana Time Observance AGENCY: Office of the Secretary (OST), rulemaking, DOT proposed to restore Under Federal law, 82 Indiana the Department of Transportation the entire State to the Central Time counties are in the Eastern Time Zone (DOT). Zone. However, in 1968, DOT modified and 10 are in the Central Time Zone. ACTION: Final rule. its proposal and proposed instead that The Central Time Zone counties include SUMMARY: DOT is relocating the time the entire State be in the Eastern Time five in the northwest (Lake, Porter, La zone boundary in Indiana to move Zone with the exception of six counties Porte, Newton, and Jasper) and five in Starke, Pulaski, Knox, Daviess, Martin, in the northwest and seven in the the southwest (Posey, Vanderburgh, Pike, Dubois, and Perry Counties from southwest which would remain in the Warrick, Spencer and Gibson). the Eastern Time Zone to the Central Central Time Zone. That modified Neighboring States observe both eastern Time Zone. DOT is not changing the proposal was supported by the and central time. Illinois and western time zone boundary to move St. Joseph, commenters, with one exception. Kentucky observe central time, while Marshall, Fulton, Benton, White, Commenters did not support moving eastern Kentucky, Ohio, and the portion Carroll, Cass, Vermillion, Sullivan, and one of the southwest counties to the of Michigan adjoining Indiana observe Lawrence Counties from the Eastern Central Time Zone. Subsequently, eastern time. Time Zone to the Central Time Zone. effective April 27, 1969, time zone Federal law provides that it is up to This action is taken in response to boundaries were established to place all an individual State to decide whether or petitions filed by the County of Indiana in the Eastern Time Zone not to observe Daylight Saving Time. Commissioners and extensive comment with the exception of six counties in the Generally, a State must choose to provided at public hearings and to the northwest and six counties in the observe, or not observe, Daylight Saving docket. southwest. Time across the entire State. The one With regard to the counties in exception is that, if a State is in more DATES: The effective date of this rule is southwest Indiana, in 1977, the Pike than one time zone, a ‘‘split’’ observance 2 a.m. EST Sunday, April 2, 2006, County Commissioners petitioned DOT is permitted. Under this scenario, all of which is the changeover date from to be moved to the Eastern Time Zone. a State that is in one time zone may standard time to Daylight Saving Time. After proposing the change and observe Daylight Saving Time, while the FOR FURTHER INFORMATION CONTACT: receiving comments, DOT moved Pike remainder of the State in the different Judith S. Kaleta, Office of the General County to the Eastern Time Zone. The time zone does not. Under Indiana law, Counsel, U.S. Department of Indiana General Assembly requested for many years, the Central Time Zone Transportation, Room 10428, 400 that DOT move the 5 remaining portion of the State has observed Seventh Street, Washington, DC 20590, southwest counties from the Central Daylight Saving Time, while the Eastern [email protected]; (202) 366–9283. Time Zone to the Eastern Time Zone, in Time Zone portion of the State has not SUPPLEMENTARY INFORMATION: 1985, but DOT denied the request, observed Daylight Saving Time.

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2005 AND 2006 SUNRISE AND SUNSET TIMES—SELECT INDIANA CITIES

South Evansville Terre Jasper South Bend Indianap- longitude Haute Jasper If change La Porte Bend If change olis Ft. Wayne Sunrise/sunset times W 87.5 W 87.4 W 86.9 to W 86.7 W 86.2 to W 86.1 W 85.2 latitude N 39.5 N 38.4 central N 41.6 N 41.7 central N 39.8 N 41.1 N 38.0 time time

1/15/2005 ...... CST ...... EST ...... EST ...... CST ...... EST ...... EST ...... EST Sunrise ...... 7:05 am ... 8:08 am ... 8:04 am ...... 7:11 am ... 8:10 am ...... 8:04 am ... 8:03 am Sunset ...... 4:55 pm ... 5:51 pm ... 5:51 pm ...... 4:42 pm ... 5:40 pm ...... 5:45 pm ... 5:37 pm 1/15/2006 ...... CST ...... EST ...... EST ...... CST ...... CST ...... EST ...... CST ...... EST ...... EST Sunrise ...... 7:05 am ... 8:08 am ... 8:04 am ... 7:04 am ... 7:11 am ... 8:10 am ... 7:10 am ... 8:04 am ... 8:04 am Sunset ...... 4:55 pm ... 5:50 pm ... 5:51 pm ... 4:41 pm ... 4:42 pm ... 5:40 pm ... 4:40 pm ... 5:44 pm ... 5:37 pm 4/15/2005 ...... CDT ...... EST ...... EST ...... CDT ...... EST ...... EST ...... EST Sunrise ...... 6:15 am ... 6:12 am ... 6:12 am ...... 6:07 am ... 6:05 am ...... 6:07 am ... 6:01 am Sunset ...... 7:26 pm ... 7:28 pm ... 7:24 pm ...... 7:28 pm ... 7:26 pm ...... 7:23 pm ... 7:21 pm 4/15/2006 ...... CDT ...... EDT ...... EDT ...... CDT ...... CDT ...... EDT ...... CDT ...... EDT ...... EDT Sunrise ...... 6:15 am ... 7:12 am ... 7:12 am ... 6:12 am ... 6:07 am ... 7:05 am ... 6:05 am ... 7:07 am ... 7:01 am Sunset ...... 7:26 pm ... 8:27 pm ... 8:24 pm ... 7:24 pm ... 7:27 pm ... 8:26 pm ... 7:26 pm ... 8:23 pm ... 8:21 pm 7/4/2005 ...... CDT ...... EST ...... EST ...... CDT ...... EST ...... EST ...... EST Sunrise ...... 5:33 am ... 5:28 am ... 5:29 am ...... 5:18 am ... 5:16 am ...... 5:22 am ... 5:14 am Sunset ...... 8:16 pm ... 8:20 pm ... 8:15 pm ...... 8:24 pm ... 8:23 pm ...... 8:16 pm ... 8:16 pm 7/4/2006 ...... CDT ...... EDT ...... EDT ...... CDT ...... CDT ...... EDT ...... CDT ...... EDT ...... EDT Sunrise ...... 5:33 am ... 6:28 am ... 6:29 am ... 5:29 am ... 5:18 am ... 6:16 am ... 5:16 am ... 6:22 am ... 6:14 am Sunset ...... 8:16 pm ... 9:20 pm ... 9:15 pm ... 8:15 pm ... 8:24 pm ... 9:23 pm ... 8:23 pm ... 9:16 pm ... 9:16 pm 10/31/2005 ...... CST ...... EST ...... EST ...... CST ...... EST ...... EST ...... EST Sunrise ...... 6:15 am ... 7:17 am ... 7:13 am ...... 6:18 am ... 7:16 am ...... 7:12 am ... 7:11 am Sunset ...... 4:52 pm ... 5:49 pm ... 5:59 pm ...... 4:43 pm ... 5:41 pm ...... 5:43 pm ... 5:37 pm 10/31/2006 ...... CST ...... EST ...... EST ...... CST ...... CST ...... EST ...... CST ...... EST ...... EST Sunrise ...... 6:15 am ... 7:17 am ... 7:13 am ... 6:13 am ... 6:18 am ... 7:16 am ... 6:16 am ... 7:12 am ... 7:10 am Sunset ...... 4:52 pm ... 5:49 pm ... 5:49 pm ... 4:49 pm ... 4:43 pm ... 5:41 pm ... 4:41 pm ... 5:44 pm ... 5:38 pm KEY: CST—Central Standard Time. CDT—Central Daylight Time. EST—Eastern Standard Time. EDT—Eastern Daylight Time. Source: U.S. Naval Observatory Astronomical Applications Department: http://aa/usno.navy.mil/data/docs/RS_OneDay.html.

As noted in a chart of select Indiana Senate Enrolled Act 127 or ‘‘the Indiana Legal Standards and Procedures cities, the effect of Daylight Saving Time Act’’) providing that the entire State of Concerning Changes to Time Zone is the equivalent of moving one time Indiana will observe Daylight Saving Boundaries zone to the east. This means that, by Time beginning in 2006. In addition, the Statutory Requirements remaining on Eastern Standard Time Indiana Act addressed the issue of year-round, the Eastern Time Zone changing the location of the boundary Under the Standard Time Act of 1918, as amended by the Uniform Time Act of portion of Indiana has been on the same between the Eastern and Central Time 1966 (15 U.S.C. 260–64), the Secretary time as New York in the winter (5 Zones. The Indiana Act stated that, of Transportation has authority to issue months) and on the same time as ‘‘[T]he [S]tate supports the county Chicago in the summer (7 months), regulations modifying the boundaries executive of any county that seeks to between time zones in the United States resulting in the entire state being on the change the time zone in which the same time for 7 months of the year. The in order to move an area from one time county is located under the procedures zone to another. The standard in the impact of State legislation (discussed in established by Federal Law.’’ The more detail below) to observe Daylight statute for such decisions is ‘‘regard for Indiana Act also provided that, ‘‘The Saving Time throughout the State the convenience of commerce and the governor and the general assembly beginning in 2006 is that, in the existing junction points and division hereby petition the United States summer, the time of sunrise and sunset points of common carriers engaged in on eastern Daylight Saving Time will be Department of Transportation to initiate interstate or foreign commerce.’’ 15 an hour later than it currently is under proceedings under the Uniform Time U.S.C. 261. year-round Eastern Standard Time. Act of 1966 to hold hearings in the DOT Procedures to Change a Time Zone There will be no change in the sunrise appropriate locations in Indiana on the Boundary issue of the location of the boundary and sunset times during the winter The Department has typically used a when Eastern Standard Time will between the Central Time Zone and the Eastern Time Zone in Indiana.’’ Finally, set of procedures to address time zone continue to be observed. Central Time issues. Under these DOT procedures, the Indiana Act requested DOT to Zone counties will continue to observe the Department will generally begin a Daylight Saving Time in summer refrain from changing the time zone of rulemaking proceeding if the highest months as they have done previously. any county currently located within the elected officials in the area provide Central Time Zone and five counties adequate supporting data for the Indiana’s Decision To Observe Daylight near Cincinnati and Louisville. Saving Time proposed change. We ask that the petition include, or be accompanied by, In 2005, the Indiana General detailed information supporting the Assembly adopted legislation (Indiana requesting party’s contention that the

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requested change would serve the responsibilities under the Uniform Time Notice of Proposed Rulemaking convenience of commerce. The Act with respect to the location of time On October 31, 2005, DOT published principal standard for deciding whether zone boundaries, to take action on a notice of proposed rulemaking to change a time zone is defined very specific requests for change in the time (NPRM) in the Federal Register broadly to include consideration of all zone boundaries for a particular tentatively proposing to relocate the the impacts upon a community of a jurisdiction from the elected officials of time zone boundary in Indiana to move change in its standard of time. DOT has that jurisdiction. After receiving a St. Joseph, Starke, Knox, Pike, and Perry developed a series of questions to assist request, we review it and the supporting Counties from the Eastern Time Zone to communities and use in determining the data to then determine whether the the Central Time Zone at the request of impact of a time zone change on the issuance of an NPRM is justified. If their County Commissioners. We ‘‘convenience of commerce.’’ We ask justified, we issue an NPRM to propose tentatively proposed not to change the a change. After the close of the comment that petitions for a time change address, time zone boundary to move Marshall, period on the NPRM, we review all at a minimum, each of the following Pulaski, Fulton, Benton, White, Carroll, comments and take appropriate final questions in as much detail as possible. Cass, Vermillion, Sullivan, Daviess, action. 1. From where do businesses in the Dubois, Martin, and Lawrence Counties community get their supplies, and to DOT Notice Inviting Petitions from the Eastern Time Zone to the where do they ship their goods or On August 17, 2005, DOT published Central Time Zone based on our products? evaluation of the petitions from the 2. From where does the community a notice in the Federal Register inviting county and local officials in Indiana that commissioners in these counties. receive television and radio broadcasts? Based on the petitions and the 3. Where are the newspapers wished to change their current time supporting data filed by their County published that serve the community? zone in response to the Indiana Act to 4. From where does the community notify DOT of their request for a change Commissioners, we found that St. get its bus and passenger rail services; by September 16, 2005 and to provide Joseph, Starke, Knox, Pike, and Perry if there is no scheduled bus or passenger data in response to the questions Counties provided enough information rail service in the community to where enumerated above. In addition, DOT to justify proposing to change those must residents go to obtain these announced the opening of an internet- counties from the Eastern to the Central services? accessible docket, OST Docket No. Time Zone. St. Joseph, Starke, Knox, 5. Where is the nearest airport; if it is 2005–22114 (http://dms.dot.gov) to Pike, and Perry County addressed all, or a local service airport, to what major receive any petitions and other relevant virtually all, of the factors that we airport does it carry passengers? documents concerning the appropriate consider in these proceedings to 6. What percentage of residents of the placement of the time zone boundary in indicate a reasonable possibility that community work outside the the State of Indiana. changing to the Central Time Zone community; where do these residents would serve ‘‘the convenience of work? Petitions Received commerce.’’ In addition, we considered 7. What are the major elements of the We received nineteen petitions from each county’s geographic location community’s economy; is the counties asking to be changed from the compared to the current time zone community’s economy improving or Eastern Time Zone to the Central Time boundary and how closely interrelated declining; what Federal, State, or local Zone. Two of the counties (Fountain neighboring counties appeared to be. plans, if any, are there for economic and Benton) subsequently withdrew The specific reasons for granting the development in the community? their request. petitions for each of these counties 8. If residents leave the community In general, the petitions were differ based on the facts specific to each for schooling, recreation, health care, or clustered in the northwest (St. Joseph, case. religious worship, what standard of time Starke, Marshall, Pulaski, Fulton, We did not include all the counties is observed in the places where they go Benton, White, Carroll and Cass that petitioned, for a number of reasons. for these purposes? Counties) and the southwest (Sullivan, Some presented almost no arguments or In addition, we consider any other Knox, Daviess, Martin, Lawrence, Pike, supporting data on why it would be information that the county or local Dubois and Perry Counties). In the appropriate to change the time zone officials believe to be relevant to the central portion of western Indiana, only boundary. Others addressed all, or most, proceeding. We look at the distance Vermillion County asked to be changed factors but acknowledged that they had each county is from the current time to central time. a significant connection with the zone boundary, the proximity of each Eastern Time Zone. A number of Other Communications From Local county to important metropolitan areas, counties focused on the potential Officials and where the major roads and bridges change to their neighbors’ time zone, are located. We have been reluctant to We also received a number of letters and seemed to be more concerned with create ‘‘islands of time’’ by placing one from counties and cities advising us that staying in the same time zone as their county in a different time zone from all they had considered whether to petition neighbors than in changing their time its neighboring counties in the State; we for a change and, at this time at least, zone. In other cases, the counties also consider the effect on economic, were satisfied with their current time seemed to be equally connected to the cultural, social, and civic activities zone boundary or wished to stay in the Eastern and Central Time Zones. between neighboring counties in making same time zone as Indianapolis, which In the NPRM, we noted that the our decisions. is located in Marion County and is in amount of data provided in the petitions the Eastern Time Zone. Those counties varied substantially among counties. History of This Proceeding included Warren, Monroe, Orange, Under our normal procedures, we do On July 15, 2005, the Department sent Steuben, Noble, Hendricks, Jefferson, not take action unless the county makes a letter to Governor Daniels responding Crawford and Jay. The cities of Whiting, a clear showing that the proposed to the Indiana Act and letters from the Hebron, and Munster also filed letters change would meet the statutory Governor. Our letter noted that it is our expressing satisfaction with their standard. We recognized, however, that normal practice, in implementing our current time zone. this is an unusual case because of the

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number of counties involved, their zone issue at each hearing. The DOT The hearing official noted, however, relationship to each other and to other representative described the process that one poem and one song were neighboring counties, and the that DOT uses to set time zone presented at the hearings. Most circumstances leading up to the boundaries. There was an opportunity expressed a strong passion for the issue. petitions. Although the counties that we for clarifying questions on her remarks. Some relied on humor to make their proposed to move to a different time This was followed by presentations by point. For example, one person referred zone provided adequate supporting data county government representatives who to an episode from the TV show ‘‘The to justify the issuance of an NPRM, we had requested an opportunity to speak. West Wing,’’ which did a segment on noted that we would critically review If the government representative spoke the time confusion in Southern Indiana. contrary and supporting information on behalf of a county that petitioned for Some talked about the difficulty of that may be provided by others, and any a change to the county time zone family life when one parent works in a other related comments and data prior boundary, he or she was asked to county in the Eastern Time Zone and to issuing a final rule. We said that if explain how the change would be for another works in the Central Time Zone. additional information was provided to the convenience of commerce, the One mother talked about the problem of indicate that the time zone boundary statutory standard. After these arranging child custody with her former should be drawn differently, either to presentations, other State and local husband because they lived in different include counties excluded or to exclude government representatives had an time zones. Another mother mentioned counties that were included in the opportunity to comment, followed by her concern about leaving her autistic proposal, we would make the change at the public. Speakers were requested to son in the dark to wait for a bus, when the final rule stage of this proceeding. complete speaker registration cards and she had to leave for work. Parents also We also announced that we would hold include a time zone preference and talked about the difficulty of finding public hearings. reasons for the preference. The hearings after-care programs for their children, We provided 30 days for public were recorded and the speaker scheduling appointments, or dealing comments in this proceeding and also registration cards, audiotapes, with after school events in counties on said we would consider late filed videotapes, and a DVD for the hearings different time zones. comments to the extent practicable. are in the rulemaking docket, OST Other persons talked about the effects Docket No. 2005–22114. on their businesses. There were Notice of Public Hearings Public interest in this issue was presenters from the Indiana Chamber of On November 8, 2005, DOT illustrated by the many persons who Commerce, which appeared at every announced the time and location of four participated in meetings lasting as long hearing, and local chambers of public hearings to gather information as almost 6 hours. The reasons for commerce as well as business owners. concerning the effects of changing time staying on the Eastern Time Zone or The Indiana Chamber of Commerce zone boundaries in Indiana. The switching to the Central Time Zone ‘‘believes it is paramount to the future objective of these hearings was to were as varied as the individuals growth of our state that the 82 counties provide State and local government making the presentations. Many noted a currently on Eastern Standard Time stay representatives and the public an preference for having all of Indiana in on Eastern Time’’ because ‘‘a opportunity to comment on DOT’s one time zone, wanting to keep things preponderance of Hoosier business and proposal concerning the time zone as simple as possible, not wanting a normal daily activities (e.g. schooling, boundary in 18 Indiana counties that time zone boundary line ‘‘meandering shopping, recreation, health care and petitioned for a time zone change. To through the State,’’ causing confusion. religious worship) are done within areas aid us in our consideration of whether Some of those persons favoring one time observing Eastern Daylight Saving Time a time zone change would be ‘‘for the zone expressed a time zone preference (EDT).’’ The Indiana Chamber of convenience of commerce,’’ the while others did not, seeking only a Commerce submitted various data in statutory standard for changing time single time zone for the entire State. support of its position, including zone boundaries, DOT sought comments People often stated that they would put import-export figures, safety and energy at the hearings on how the time zone their personal preferences aside in the arguments, Indiana media/commerce change impacts on such things as best interest of the communities. markets, sunrise-sunset options, and county profiles from the STATS Indiana economic, cultural, social, and civic Business owners sometimes noted that website. Other business concerns ranged activities and how time zone changes they would support whatever decision from employee satisfaction and affect businesses, communication, was made and would adjust attendance issues to delivery schedules transportation, and education. accordingly. Some provided the hearing official in various time zones, to dealing with The Public Hearings with anecdotes on how the time zone in home or regional offices in other parts the county in which they lived affects of the county, on Eastern, Central, An Overview their lives, both personal and Mountain, and Pacific time zones. DOT held public hearings in Jasper, professional, from their ability to watch Several speakers presented Logansport, South Bend, and Terre their favorite sports teams and information for the record at the Haute. These hearings were chaired by television shows to commuting to and hearing. A copy of their remarks, letters, Judy Kaleta, a career senior official in from work. Others presented statistics maps, etc. have been submitted to the DOT’s Office of the General Counsel. relating to sunrise and sunset times, docket. Other speakers personally Each of the hearings received extensive latitude and longitudes for time zones, submitted comments to the docket and media coverage, including live internet worker commuting patterns in the in some instances spoke at more than broadcast of the Logansport and South region, and government-established one hearing or provided comments to Bend hearings, and TV, radio, and economic development, transportation, the hearing official at the hearing and newspaper reports on the hearings and school, and commerce regions. The also took advantage of the opportunity the proposed changes in time zone reasons for staying in the current time to provide videotaped comments at the boundaries. zone or wanting to change ranged from South Bend hearing. The Department utilized a similar a short one-issue rationale to multiple Many persons expressed frustration in format to receive comments on the time rationales, mostly presented in prose. dealing with living and working in

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different time zones and missing The Terre Haute Hearing County residents who work in Dubois appointments due to time zone County. confusion. Some favored changing time The second hearing was held on Many other elected officials from both zones, but only if other adjoining November 14, 2005, in Terre Haute, at State and local government spoke at the counties changed. No clear consensus the Hulman Center Meeting Room Jasper hearing, including two State emerged from the comments made at the Complex, Indiana State University. Representatives, a county commissioner hearings. Opinions varied widely Thirty-six persons spoke at the hearing, from a non-petitioning county, and depending upon interests and including several public officials. several mayors from cities within the perspectives. County Commissioners from Sullivan petitioning counties. and Vermillion Counties provided Citizens from the following The Logansport Hearing comments in support of their county’s petitioning counties also spoke at the petitions. State Representative Clyde hearing or filled out a speaker’s On November 13, 2005, 34 persons Kersey spoke in favor of the Central registration card: Daviess, Dubois, provided comments at the McHale Time Zone. In addition, the county Lawrence, Martin, Perry, and Pike. Performing Arts Center, Logansport commissioner of Vigo County Those favoring the Central Time Zone Community High School, at a hearing commented at the hearing, saying that noted that they received the local news that lasted more than 4 hours. County the entire state should be on the same from Evansville in the Central Time commissioners from Carroll, Cass, and time zone. Business interests were Zone. In addition, they referred to Fulton Counties spoke in support of represented by the Indiana Chamber of safety, economic, medical, and their petitions. Starke County Commerce and the Terre Haute shopping in support of their Central Commissioners, one who voted to Chamber of Commerce as well as Time Zone position. Those favoring the support Starke County’s request to move individual business persons. Eastern Time Zone often referred to to the Central Time Zone and one who Citizens from the following business or recreation reasons. was absent on the date the petitioning counties also spoke at the Business interests were represented commissioners voted but would have by the Indiana Chamber of Commerce hearing or filled out a speaker’s voted to keep Starke County in the and several local chambers as well as a registration card: Sullivan and Eastern Time Zone (based on health development corporation. Many Vermillion. In addition, there were care, work schedules and shopping) also business owners and workers spoke at speakers from the following non- presented their opposing views at the the Jasper hearing, with mixed positions petitioning counties: Monroe, Parke, on the appropriate time zone. hearing. The President of the Pulaski and Vigo. There was also one speaker County Council spoke in favor the from Edgar County, Illinois, which The South Bend Hearing Pulaski County petition and also noted borders Sullivan County. Most said that On November 21, 2005, at the Student the difficulty of being a border county they preferred that the entire state be and suggested that the entire state be on Activity Center, Indiana University, moved to the Central Time Zone, even South Bend Campus, more than 200 the same time. Other elected officials at those citizens from non-petitioning the hearing included State people attended the public hearing. counties, citing a variety of reasons Because of the high volume of interested Representative Steve Heim and State including sunrise/sunset times and Senator Vic Heinhold , both supporting speakers and to accommodate all shopping convenience. The majority of interested speakers, each speaker was Starke County’s request to be moved to residents from Vigo County, which did the Central Time Zone. limited to 3 minutes for comment and not petition for a time zone change, given an opportunity to present Business interests favoring the Eastern favored the Central Time Zone. Those comments to the presiding official or to Time Zone were represented by the who favored the Eastern Time Zone said have their comments videotaped on site Indiana Chamber of Commerce, among that the time should be the same as in a separate room, or to file written others. There were also business Indianapolis. comments on a form provided by DOT. interests favoring the Central Time The Jasper Hearing Ninety-six persons presented comments Zone. For example, the Director of the to the presiding official in a hearing that Pulaski Community Development Over 200 people attended the third lasted almost 6 hours. Eighty-seven Commission presented information from hearing in Jasper, at the Jasper Arts persons chose to videotape their the two major employers in the County Center on November 16, 2005, at a testimony and their comments were who favored the Central Time Zone as hearing that went on for over five hours. subsequently reviewed by the same well as from other employers. Sixty-seven persons presented presiding official. (Some did both, Citizens from the following comments to the presiding official. wanting to have additional time.) Sixty- petitioning counties also spoke at the These included County Commissioners two persons filed written comments at hearing or filled out a speaker’s from the petitioning counties of Dubois, the hearing on a form that DOT made registration card: Cass, Carroll, Pulaski, Knox, Lawrence, Martin, and Pike, all of available at the hearing to ensure that St. Joseph, Starke, and White. In them supporting their requests to be people who did not want to wait to addition, there were speakers from the moved to the Central Time Zone. An speak would have an additional way to following non-petitioning counties: attorney who submitted Perry County’s present their views to the Department. Allen, Bartholomew, Howard, Monroe, petition spoke at the hearing in support Commissioners from Fulton, and Newton. The majority of the of the County’s petition. In addition, Marshall, Starke, and St. Joseph spoke speakers and non-speakers who filled several of these county representatives in support of their petitions. Many other out speaker’s registration cards (but left also spoke in support of their elected officials from both State and before being called upon) expressed neighboring county’s petition. For local government spoke at the South their opinion that Indiana should be on example, the Perry County Bend hearing, including three State the same time zone, favoring Central representative said it was ‘‘very Senators, two State Representatives, time, a result inconsistent with the important’’ for Perry and Dubois County county commissioners from non- Indiana Act and DOT’s notice of to be on the same time zone because of petitioning neighboring counties, and proposed rulemaking. the ‘‘significant’’ number of Perry several mayors and council members

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from cities within both the petitioning the Central Time Zone, 3040 or 50% Indianapolis, the state capital, and the counties and non-petitioning favored remaining in the Eastern Time majority of the State is on the Eastern neighboring counties. Zone, and 1045 or 17% fell into the Time Zone; recreation and quality of life Business interests were represented ‘‘other’’ category, meaning that they which they say is improved by having by groups such as chambers of expressed no preference between more daylight in the evening to spend commerce as well as individual Eastern or Central Time, only that time with the family or outdoors; and businesses. Education interests were Indiana be in the same time zone, or safety of the motoring public, because concerned parents as well as an that their county be on the same time as there are more daylight hours in the educational institution. Individuals also surrounding counties, or that they had evening. discussed transportation issues, which concerns about the State legislature’s Commenters provided a wide variety were also addressed by a transportation adoption of Daylight Saving Time. of data on sunrise/sunset times, service provider. Media concerns were Detailed breakdowns for each county economic development and trends, addressed by a viewers as well as a local have been included in charts that are commuting patterns, school districts television station. found at the end of this discussion and and institutions of higher learning, Citizens from the following do not include detailed breakdowns effects upon transportation services, and petitioning counties also spoke at the from the hearings. We have included the location of cultural and recreational hearing or filled out a speaker’s these figures as an indication of the activities. registration card: Fulton, Marshall and diversity of opinion and lack of St. Joseph. In addition, there were Discussion of Comments Applicable to consensus on the issue of time zones in All Petitioning Counties speakers from the following non- Indiana among those who commented. petitioning counties: Elkhart, Howard, Our decision whether to change the A substantial number of the commenters, both in written Porter, Allen, and Cass County, time zone boundary, however, is not submissions and at the public hearings, Michigan. based on the number of persons repeatedly raised three issues that they supporting a particular time zone. Comments to the Docket—An Overview argued should or should not result in a Rather, as noted above, the statutory There were over 6000 entries to the change in the time zone boundary for standard for decisions to move an area docket in this proceeding in addition to particular petitioning counties: (1) from one time zone to another is ‘‘regard the entries resulting from the public ‘‘Natural time zone’’ or ‘‘simple for the convenience of commerce and hearings. These included county geography;’’ (2) regional connections; the existing junction points and division petitions and supplementary and (3) safety of the children. points of common carriers engaged in information, letters from elected Commenters favoring a move to the interstate or foreign commerce’’ and the officials including the Governor, several Central Time Zone relied upon the information provided by commenters Congressmen, State Senators and ‘‘natural time zone’’ or ‘‘simple helps us make this decision. This Representatives, mayors, city and geography’’ position and concerns about standard is defined very broadly by the county council members, businesses the safety of the children. On the other Department to include consideration of and local Chambers of Commerce, hand, the effects of regional connections all the impacts upon a community of a community associations, and interest were raised by both opponents and change in its time zone. groups. Thousands of comments were proponents of time zone changes. filed by individuals expressing their The commenters suggested a wide These three issues were raised with personal interests and preferences as variety of approaches to establishing regard to every petition filed. Rather well as their views on how a time zone time zone boundaries in Indiana than repeating these matters in the change would be for the convenience of including moving their county to the summary of the comments on a county- commerce. Central Time Zone, keeping their county by-county basis, we have summarized Comments were made by the in the Eastern Time Zone, placing all of them below and responded to these residents of both petitioning counties the State in the Eastern Time Zone, comments in this section. They have and non-petitioning counties. We also placing all of the State in the Central been considered in making our decision received comments from persons in Time Zone, placing all of the State in for changing the time zone boundary in Michigan, Kentucky, Ohio, and Illinois the Central Time Zone with the each county. who felt that they may be impacted by exception of Indianapolis in Marion any change to time zone boundaries in County and the counties surrounding ‘‘Natural Time Zone’’ or ‘‘Simple Indiana. For example, we received Marion, and maintaining the current Geography’’ comments regarding the potential time zone boundaries. The primary Both at the hearing and in written impacts on Cass County, Michigan, if St. reasons given by those in favor of the comments, there were repeated Joseph County were placed in a Central Time Zone include the benefit references to astronomical and different time zone from the greater to commerce and increasing availability geographic indicators for time zone to Michiana area. In addition, comments for communication with customers on support the position for the Central were filed to the docket by citizens from the West coast; astronomical, referring Time Zone. Leading proponents of this counties that did not petition for a time to the time at which the sun is directly position were Hoosiers for Central Time, zone change expressing concern that overhead as compared to clock time; started by David Kinney, a drive-in their county did not petition for a time geographic location of the State, with movie theatre owner, and Jeff Sagarin. zone change or that their county did not closer ties to Chicago and the Midwest Commenters noted that time zones are hold a public hearing on the issue. We compared to New York and the East established geographically by the earth’s have reviewed the petitions from all of coast; safety of school children waiting 24 hour rotation and the 360 degrees of the counties, the additional information for school buses in the morning; and the earth’s circumference. Based on they provided, and all other comments employment-related reasons such as geography, they explained that the to the docket. wanting to live in and work in counties geographic boundary between the Out of 6142 comments to the docket on the same time zone. Primary reasons Eastern and Central Time Zones is at the that we reviewed as of December 30, given by those in favor of the Eastern 82.5 degree line of longitude which is in 2005, 2057 or 33% favored a change to Time Zone include commerce, because Ohio, not Indiana. They also noted that

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the geographic center of the Central responding to these questions at both the State of Indiana. It has identified 5 Time Zone is located in Illinois and, the public hearings and in written geographic areas of commerce for therefore, ‘‘the entire state of Indiana is submissions to the docket, many purposes of its programs. Commenters well within the natural boundaries of commenters referred to regional also referred to data from Indiana the central time zone.’’ From an connections. As one commenter put it, Department of Workforce Development, astronomical perspective, commenters DOT ‘‘should be recognizing cohesive which manages and implements stated that the sun should be overhead areas with time zone lines—not creating employment programs and at noon and that, under Eastern Daylight further divisions.’’ unemployment insurance systems, and Time, the sun would not reach its Petitioning counties advocating for a facilitates regional economic growth highest point until 2 p.m. and set at 9:15 move to the Central Time Zone referred initiatives for Indiana. The Indiana p.m. in the summer in some parts of to their ties to other Indiana counties Department of Workforce Development Indiana. They complained of being ‘‘out currently on the Central Time Zone. has identified 11 regions of economic of sync’’ with the sun. They argued, Petitioning counties in the northwest activity. Commenters noted that the therefore, that all of Indiana should be answered DOT’s questions by referring Indiana Department of Transportation moved to the Central Time Zone, as it to their ties to Chicago for media, has established Indiana transportation was from 1918 to 1961. transportation, and business; the districts, dividing Indiana into 6 The Department is mindful of the southwest counties referred to their regional transportation networks, and value and ease of setting time zones connections to Evansville. Petitioning that the Indiana Department of based on simple geography. Congress counties also talked about wanting to be Education has divided the State into 9 has recognized, however, that natural on the same time zone as their education service centers. neighboring counties, and often time and simple geography do not With regard to media, the Indiana mentioned that they were aware that address the complexity of modern life. Chamber of Commerce provided a map their neighboring counties were also Accordingly, in addition to establishing identifying Indiana Media/Commerce petitioning for change. Several time zones based simply on longitudinal Markets, listing as its source 2004 commissioners spoke at the public lines, Congress adopted a standard for Survey of Buying Power, Sales & hearings and submitted letters in time zone decisions: ‘‘Regard for the Marketing Magazine, September 2004. support of their neighbor’s petitions. convenience of commerce and the In addition, several commenters Similarly, counties that chose not to existing junction points and division including television broadcasting seek a time zone change opposed points of common carriers engaged in stations referred to Designated Media neighboring county’s petitions in the interstate or foreign commerce.’’ It is Markets as defined by the Nielsen for interest of keeping the region on the DOT’s responsibility to consider use in television ratings. A few same time zone. For example, Elkhart requests for changes in time zone commenters referred to the Federal County, opposing St. Joseph County’s boundaries in light of the statutory Communication Commission petition, referred to the need to keep the standard, bearing in mind the need to Designated Viewing Areas. address the effect on economic, cultural, Michiana region (neighboring Michigan social, and civic activities between counties and St. Joseph, Marshall, In supporting their claims that a time neighboring counties in making Elkhart, and Kosciusko Counties) in the zone change should or should not be decisions. Furthermore, DOT does not same time zone. made, commenters relied upon these have a statewide proposal before it nor Many of the petitioning counties and regional divisions, districts, areas, or has the Indiana legislature endorsed commenters referred to data from markets in order to demonstrate how the such an approach. It is, therefore, STATS Indiana, an information service change would be consistent or in beyond the scope of this proceeding to of the Indiana Business Research Center conflict with a particular regional entity consider such a significant change to the at Indiana University’s Kelly School of or state designation. For example, a State’s time zone boundaries. Business. This includes Indiana Annual commenter at the Jasper hearing, Greg Commuting Trends Profile, based on Wathen, the Executive Director for the Regional Connections Indiana IT 40 returns for tax year 2003. Perry County Development Corporation, As noted above, DOT has developed The Commuting Trends Profile shows spoke in favor of Perry County’s petition a series of questions to assist county-by-county commuting patterns to move to the Central Time Zone and communities and us in determining the both into and out of the county. asked ‘‘that the same consideration be impact of a time zone change on the Commenters also referred to data from given for those other counties within ‘‘convenience of commerce.’’ We asked the Indiana Economic Development our region.’’ In support of his position, that petitioning counties and Corporation (IEDC), the State of he extensively referred to the various commenters discuss how the time zone Indiana’s lead economic development Indiana agencies noted above that change impacts such things as agency, established in February 2005 to defined regional areas of economic economic, cultural, social, and civic replace the former Department of activity and commerce. activities and how time zone changes Commerce. IEDC focuses its efforts on The Department has summarized affect businesses, communication, growing and retaining businesses in information concerning regional transportation, and education. In Indiana and attracting new business to connectivity in the following charts:

NORTHERN 1 INDIANA REGIONAL CONFIGURATIONS

Economic Work- Com- Media and com- County IEDC 2 Transportation 6 Education 7 growth 3 force 4 merce 5 merce market 8

Petitioning Counties

Carroll ...... C ...... 4 4 5 La Porte ...... Wabash Valey ...... Lafayette. Cass ...... NC ...... 4 5 4 La Porte ...... Wabash Valley ...... Indianapolis. Fulton ...... NC ...... 2 5 2 La Porte ...... N. Indiana ...... South Bend.

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NORTHERN 1 INDIANA REGIONAL CONFIGURATIONS—Continued

Economic Work- Com- Media and com- County IEDC 2 Transportation 6 Education 7 growth 3 force 4 merce 5 merce market 8

Marshall ...... NC ...... 2 2 2 La Porte ...... N. Indiana ...... South Bend. Pulaski ...... NW ...... 1 1 2 La Porte ...... N. Indiana ...... South Bend. St. Joseph ...... NC ...... 2 2 2 La Porte ...... N. Indiana ...... South Bend. Starke ...... NW ...... 1 1 2 La Porte ...... N. Indiana ...... South Bend. White ...... C ...... 4 4 5 La Porte ...... Wabash Valley ...... Lafayette.

Non-Petitioning Counties

Elkhart ...... NC ...... 2 2 2 Fort Wayne ...... N. Indiana ...... South Bend. Kosciusko ...... NC ...... 2 2 2 Fort Wayne ...... N. Indiana ...... South Bend.

CENTRAL INDIANA REGIONAL CONFIGURATIONS

Economic Media and com- County IEDC growth Workforce Commerce Transportation Education merce market

Petitioning Counties

Vermillion ...... C ...... 7 7 6 Crawfordsville ...... West Central ...... Terre Haute. Sullivan ...... SW ...... 7 7 6 Vincennes ...... West Central ...... Terre Haute.

Non-Petitioning Counties

Vigo ...... C ...... 7 7 6 Crawfordsville ...... West Central ...... Terre Haute.

SOUTHERN INDIANA REGIONAL CONFIGURATIONS

Economic Media and County IEDC growth Workforce Commerce Transportation Education commerce market

Petitioning Counties

Daviess ...... SW ...... 8 11 11 Vincennes ...... S. Indiana Ed ...... Terre Haute. Dubois ...... SW ...... 11 11 11 Vincennes ...... S. Indiana Ed ...... Evansville. Knox ...... SW ...... 11 11 11 Vincennes ...... S. Indiana Ed ...... Terre Haute. Lawrence ...... SW ...... 8 8 10 Vincennes ...... S. Indiana Ed ...... Indianapolis. Martin ...... SW ...... 8 11 11 Vincennes ...... S. Indiana Ed ...... Terre Haute. Perry ...... SW ...... 11 11 11 Vincennes ...... S. Indiana Ed ...... Evansville. Pike ...... SW ...... 11 11 11 Vincennes ...... S. Indiana Ed ...... Evansville.

Non-Petitioning Counties

Orange ...... SW ...... 8 12 12 Vincennes ...... S. Indiana Ed ...... Louisville. Crawford ...... SW ...... 10 12 12 Vincennes...... S. Indiana Ed...... Louisville. 1 Indiana’s Regional Configurations, Stats Indiana from Indiana Business Research Center. 2 Indiana’s Economic Development Corporation recognizes 5 areas of commerce. 3 Indiana’s Department of Workforce Development created 11 regions of economic activity. 4 http://www.in.gov/dwd/job_seekers/job_seekers_workforce_centers_regional_map.html. 5 Indiana Business Research Center, an outreach service of the Kelley School of Business at Indiana University. 6 Indiana Department of Transportation has divided the State into 6 regional transportation districts. http://www.in.gov/dot/div/traffic/districts/ index.html. 7 Indiana Department of Education has divided the State into 9 education service centers. http://doe.state.in.us/htmls/esc.html. 8 Indiana Chamber of Commerce, Source of Information, Survey of Buying Power, Sales and Marketing Magazine, September 2004.

DOT has carefully reviewed this data Safety of the Children waiting for buses and said that they and utilized it in reaching its decision. Many commenters expressed concern preferred that their children have an DOT recognizes the importance of about the impact of the time zone extra hour of daylight at the end of the regional connections and the benefits of boundaries on children. Some day to allow them to spend more time similar time zones and regional ties concerned parents commented that, for outdoors to get exercise. A few among counties. Remaining in the same safety reasons, their children should not commenters talked about an obesity time zone and maintaining their have to be standing at the bus stop on problem in children who did not regional ties better position counties to rural roads when it is still dark outside exercise and suggested it was better to realize advantages in economic, and, therefore, urged a move to the have more daylight in the afternoon so cultural, social, and civic activities, Central Time Zone. Other concerned that children could play sports or thereby serving the convenience of parents stated that there was no otherwise be active outdoors. They commerce. statistical data concerning early favored, therefore, keeping counties in morning incidents involving children the Eastern Time Zone. A few other

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commenters mentioned student drivers. attend annual safety meetings and that age children fatal accidents were not They noted that student drivers ‘‘have buses are inspected at least twice a year. significantly different from fatal very limited driving skills’’ and would She noted that ‘‘[b]ecause of this accidents in the total population.’’ ‘‘drive to school in the dark and often emphasis on safety, there are very few Laws exist to protect children getting times in hazardous road conditions.’’ injuries to Indiana schoolchildren while on and off school buses. If a bus stop is One commenter, who spoke at the traveling on school buses.’’ On the other located in a dangerous place, the South Bend hearing and subsequently hand, another commenter, Gary King, Department continues to encourage filed a comment, Mark Catanzarite, who asserted that ‘‘it would be better if the individuals and local communities to serves on the St. Joseph County Council schools would change to later starting talk with the school office or and is a firefighter/paramedic, referred times. Educational research supports transportation director about changing to Executive Order 13045—Protection of that.’’ the location. Children from Environmental Health The Department received no research Risks and Safety Risks. Noting that St. or studies supporting this assertion. County-by-County Discussion of the Joseph County is highly populated Later starting times for schools is a local Comments to the Docket and at the while its neighboring counties of issue beyond the scope of this Public Hearings Northwest Counties Marshall, Starke, Fulton, and Pulaski proceeding. St. Joseph are more rural, he described the harsh Executive Order 13045, as amended St. Joseph County Commissioners Northern Indiana winter weather. He by Executive Orders 13229 and 13296, submitted a petition signed by the said that the petitioning counties in defines ‘‘environmental health risks and President of the St. Joseph County Board Northern Indiana are subject to safety risks’’ as ‘‘risks to health or to of Commissioners and a letter signed by numerous fog and snow delays each safety that are attributable to products or 2 of the 3 commissioners requesting that school year. ‘‘The difference between a substances that the child is likely to St. Joseph County be moved to the two and three hour delay is the critical come into contact with or ingest (such factor in determining if school will be as the air we breath, the food we eat, the Central Time Zone. As we noted in the cancelled. Anything more than a two- water we drink or use for recreation, the NPRM in which we proposed to move hour delay automatically cancels classes soil we live on, and the products we use St. Joseph County to the Central Time for the day and lost time is costly.’’ or are exposed to.’’ By its terms, the Zone, St. Joseph County filed detailed Several working parents talked about Executive Order does not apply to this information with its petition addressing the problems that school delays caused matter. Nevertheless, because we have a each of the Department’s time zone for them in terms of missing work or continuing concern about children in all factors, showing how changing to the arranging for child care. John Gaski, a our programs, we have reviewed and Central Time Zone would be beneficial university professor, also referred to assessed the comments on the impact of for the community. The third St. Joseph Executive Order 13045 in a comment to time zone changes on children. County Commissioner Mark Dobson, the docket. He noted a National Bureau Safety is the number one priority of who dissented from the Commission’s of Standards report that, according to the Department and we are committed vote for the Central Time Zone, Mr. Gaski, found that there were ‘‘more to improving safety of school children. submitted a point-by-point refutation of fatalities to children from morning No conclusive evidence was presented, almost all of the data relied upon by the darkness.’’ He questioned whether a however, to indicate that the Eastern majority of the commissioners. He final rule putting the region in the Time Zone and morning darkness will contended that equally persuasive data Eastern Time Zone would violate the result in increased safety risks to supported keeping St. Joseph County in Executive Order. children. While mornings may be dark, the Eastern Time Zone. Each of the 3 Other commenters said that the no commenters have provided any commissioners spoke at the South Bend argument about school children waiting evidence that school children in public hearing expressing their views. in the dark should not be used to neighboring counties to the north in Subsequent to the hearing, St. Joseph support a move to the Central Time Michigan or to the east and south in County Commissioner Cynthia Bodle Zone. For example, the Indiana Indiana are at increased safety risk. sent a letter to the docket enclosing Chamber of Commerce provided Moreover, no commenter cited any resolutions adopted by La Porte, Porter, information on the safety case. The studies or data from the Indiana and Lake Counties in support of locating Chamber noted ‘‘[d]arkness in the Department of Education claiming that St. Joseph County in the Central Time morning at bus stops has not proven to the time zone causes particular Zone. She noted two common points in be a safety hazard.’’ In support of its problems for school children. In her correspondence: ‘‘first, that St. position, the Chamber stated that a ‘‘32- addition, as for the 1976 National Joseph is an important centrally located year National Study of School Bus Bureau of Standards study referred to by regional hub for distribution and Safety done by the Kansas State DOE in Mr. Gaski, while there were reports of transportation, second, that the counties 2003 shows that 90% of school bus-stop increased fatalities among school-age of St. Joseph, La Porte, Porter, and Lake accidents occur in daylight.’’ In children in the mornings during the test are connected by the unique and vital responding to the Chamber’s position, period, it was impossible to determine service of the Northern Indiana Thomas Heller wrote that the study only whether this was due to Daylight Saving Commuter Transportation District.’’ addressed loading and unloading Time which would have resulted in a Also subsequent to the hearing, St. accidents and that there were no studies later sunrise. See Congressional Joseph County Commissioner Steve presented on moving school bus Research Service Order Code RS22284, Ross submitted his hearing statement accidents or the performance of Daylight Saving Time, September 27, and sent a letter highlighting two schoolchildren and academic 2005. Furthermore, in ‘‘The Daylight ‘‘studies.’’ The first was a comment by achievement based on ‘‘unnaturally- Saving Time Study,’’ a September 1975 Fort Wayne Attorney Paul O’Malley early school hours.’’ Although report to Congress, the Department concerning the effects of area counties expressing concern about dark discussed the safety of school children and time zone boundaries. The mornings, Patty Ann Wright, a school going to school in the morning darkness. O’Malley comment concluded that St. bus driver for 23 years from Sullivan The report concluded, ‘‘it has been Joseph County and La Porte County are County, stated that school bus drivers discovered that in the morning school- being economically damaged by the

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present location of the time zone Reigsecker opposed moving St. Joseph time zone. South Bend City Council boundary between them. The second County to the Central Time Zone members Charlotte Pfiffer and Mike was a ‘‘review, appraisal, and because of the county’s ties to Elkhart Crook supported a move to the Central statement’’ by University of Notre Dame County. On the other hand, State Time Zone as did Mayor of Mishawaka Associate Professor of Marketing John Senators Pat Bauer and Vic Heinhold Jeff Rea. Gaski rebutting the data provided and supported the change to the Central The divergent views of public officials assertions made by proponents of the Time Zone, with Senator Bauer were also reflected in comments to the Eastern Time Zone for St. Joseph acknowledging regional ties to Elkhart docket. Out of 2000 comments County, including St. Joseph County and encouraging Elkhart to petition for submitted to the docket from St. Joseph Commissioner Mark Dobson and the a change. State Representative Steve County, 913 favored the change to the Michiana Council of Governments. Heim supported moving St. Joseph Central Time Zone, 790 favored Another letter reflecting the County into the Central Time Zone. remaining in the Eastern Time Zone, conflicting opinions from elected State Representatives Gerald Torr and and 297 expressed interest in keeping officials is from the Michiana Area William Friend opposed the change Indiana on the same time zone, Council of Government (MACOG), the based on regional ties to Elkhart, expressing no preference. Many of those Metropolitan Planning Organization Marshall, and Kosciusko Counties. State who favored the Central Time Zone did representing St. Joseph, Elkhart, and Representative Julie Walorski did not so only if the surrounding counties in Marshall Counties. MACOG is ‘‘funded express a time zone preference but said the economic region also moved to the through the Department of Commerce that Marshall, St. Joseph, and Elkhart Central Time Zone. (EDA) to complete regional Economic Counties should be in the same time Supporters of moving St. Joseph Development activities in Northern zone. County to the Central Time Zone noted Indiana representing Elkhart, St. Joseph, that St. Joseph County has been on the There were also divergent views Marshall, and Kosciusko Counties.’’ In a same time as Chicago for much of the expressed by government officials in November 21, 2005 letter, the MACOG year. The reason for this is that while St. neighboring counties. From St. Joseph Policy Board encouraged us to keep the Joseph County was on Eastern Standard County’s neighbor to the east in the counties of St. Joseph, Marshall, Elkhart, Time and did not observe Daylight Eastern Time Zone, favoring the Eastern and Kosciusko in the same time zone. Saving Time, 7 months out of the year, Time Zone, were Elkhart County The letter noted that in June 2005, the from April to October, it was effectively Commissioners Phil Stiver, Terry MACOG Policy Board voted on the on the same time as its neighbors to the issue. According to the minutes of the Rodino, and Mike Yoder; Mayor of west who are in the Central Time Zone. meeting that were attached to the letter, Elkhart David Miller; and Jim Pettit and Switching to the Central Time Zone as a member of MACOG, St. Joseph Arvis Dawson from the Elkhart City would continue any benefits the county County Commissioner Cindy Bodle Council. The principal basis for their enjoyed during these seven months. made a motion to ‘‘support the sending opposition to moving St. Joseph County With regard to transportation, of a letter by the policy board to ask that to the Central Time Zone was the need supporters of moving St. Joseph County the four county region all remain in the to keep the economic region in the same to the Central Time Zone noted that the same time zone.’’ In addition, the time zone. Both in a written submission South Shore Line, a commuter railroad, minutes note that John Zentz, Marshall to the docket and at the public hearing, is linked to the Central Time Zone with County Commissioner, ‘‘stated his the Elkhart County Commissioners the South Bend stop as the only one in opinion that he felt that the area all emphasized that ‘‘splitting Elkhart, St. the Eastern Time Zone. Favoring the being on the same time zone was of Joseph, Marshall and Kosciusko Central Time Zone, the Northern utmost importance.’’ The MACOG letter counties into different time zones is not Indiana Commuter Transportation also noted that the ‘‘MACOG Policy prudent nor would it have positive long District (NICTD) wrote in support of St. Board has not endorsed any one time term effect on the economic growth of Joseph County’s petition ‘‘highlighting zone for the region.’’ our region.’’ The Elkhart County the fact that NICTD is the only Based on comments made at the Commissioners, in a November 2, 2005, commuter railroad in the country that hearing and to the docket, there was no statement submitted by St. Joseph splits time zones and is the single most consensus among elected officials from County Commissioner Dobson, urged St. confusing factor in accessing and using State and local governments, who Joseph County to withdraw its petition our service between South Bend and expressed conflicting views on the and pledged ‘‘to work with them to Chicago.’’ NICTD’s letter addressed ‘‘the proposed time zone change for St. further address the time issue on a convenience of commerce’’ and ‘‘the Joseph County. Some strongly support broader scale’’ and to thereby ‘‘stay a existing junction points and division the change; others vehemently opposed part of the Michiana community.’’ On points of common carriers,’’ the it. the other hand, Marlo Harmom, county statutory standard that DOT considers Governor Daniels, in a letter to the commissioner from La Porte County, St. in setting time zone boundaries. Department, recommended that the Joseph County’s neighboring county to Supporters of the Eastern Time Zone Department decline to move St. Joseph the west and currently located in the maintained that air travel experience County to the Central Time Zone. He Central Time Zone, supported the supported no change in time zone for St. said, ‘‘The clear preference of petition and the proposed move to the Joseph County because more air travel neighboring Elkhart County and other Central Time Zone. At the hearing, the was linked to the east rather than nearby counties to remain in the Eastern Mayor of South Bend, Stephen Luecke, Chicago. Zone means that a unified metropolitan supported a change to the Central Time With regard to questions about the region would be divided, an outcome Zone for St. Joseph County, but also for sources of media coverage in South virtually no one advocates.’’ the entire State, to help grow industries. Bend, there were comments at the Several Indiana State legislators As Chairman of the MACOG Policy hearing and to the docket that citizens expressed their opinions on the Board, however, Mayor Luecke, in a receive their news from Chicago proposed time zone change at the letter to DOT asserted that St. Joseph, newspapers, television, and radio. hearing in South Bend and in comments Elkhart, Marshall, and Kosciusko However, other commenters claimed to the docket. State Senator Marvin counties should remain in the same that the media coverage was more

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regional coming from South Bend President of Plymouth Broadcasting, Marshall primarily and covering its neighboring Inc. said that the school system ‘‘would Marshall County Commissioners counties to the west and south. be impacted unless both counties were submitted a petition in which they With regard to commercial interests, on central time,’’ referring to St. Joseph enumerated reasons for the Central inconsistent positions and data were and Marshall Counties. Time Zone. The petition listed Marshall also provided. Many businesses favored Referring to its universities, a County’s various commercial and social the Eastern Time Zone. The Chamber of commenter stated that the county’s relationships with St. Joseph County: Commerce of St. Joseph County stated largest industry is education. Ken Television and radio broadcasts, a that 91% of its survey respondents Baierle from Indiana University South newspaper, an airport, commuters and believed it was essential for Elkhart and workers, as well as schools and a St. Joseph County to be in the same time Bend spoke in favor of St. Joseph zone ‘‘due to our regional economy.’’ County remaining in the Eastern Time university. In addition, the County The Northern Indiana Workforce Zone for the convenience of the Commissioners submitted annual Investment Board strongly recommends students as well as the University, commuting data in support of their that St. Joseph, Elkhart, Fulton, noting student commuters and offsite position. After DOT’s NPRM was Kosciusko, and Marshall Counties be in campuses in Elkhart and Plymouth. proposed not to move Marshall County to the Central Time Zone, Marshall the same time zone. The MACOG Starke submission also said that businesses County submitted a resolution that supported not changing to the Central Starke County Commissioners requested that DOT ‘‘reconsider Time Zone. Individual businesses also submitted a petition to move to the approval of St. Joseph County’s petition expressed support for the Eastern Time Central Time Zone based on a public to be relocated to Central Time and/or Zone. Finally, Chuck Bueter at the hearing during which ‘‘the citizens of Marshall County’s petition.’’ The reason South Bend hearing presented the Starke County overwhelmingly favored given is that ‘‘it is imperative that presiding official with a telephone book, adopting Central Daylight Savings Marshall County be on the same time noting that there were approximately Time.’’ In a letter accompanying the zone as St. Joseph County. From an 189 businesses listed that started with petition, the Commissioners enumerated economic standpoint, Marshall County prefers the same time zone as all of its Michiana. As several commenters noted, various ways in which changing to the regional economic partners, St. Joseph, it is the Michiana region, not Central Time Zone would be for the Elkhart and Kosciusko County.’’ ‘‘Chicagiana.’’ ‘‘convenience of commerce,’’ including Marshall County Commissioners Other businesses, including those in regional ties to Chicago for the majority Kevin Overmeyer and John Lentz spoke the steel industry, expressed strong of their television broadcasts and in support of their petition at the South support for St. Joseph County’s petition newspaper deliveries. They noted that Bend hearing and introduced Doug to be placed in the Central Time Zone. the county is essentially a farming Auspach from the Marshall County For example, the President of Steel community with a small manufacturing Warehouse Company, Inc. spoke at the Chamber of Commerce as a supporter of base and submitted annual commuting their petition. public hearing and submitted additional data in support of their position. comments to the docket. He noted a State Representative Steve Heim number of other businesses, such as As we noted in the NPRM, Starke supported moving St. Joseph County USX and IN/Tek-In-Kote, Northwest County had been in the Central Time into the Central Time Zone and said at Indiana steel mills, and trade Zone and it presented evidence of close the South Bend hearing that Marshall associations, such as Metal Service ties to areas in the Central Time Zone. County was ‘‘joined at hip’’ and should Center Institute, support move to the Starke County Commissioner Kevin also be moved. The Mayor of Plymouth Central Time Zone. He stated that his Kroft spoke at the Logansport public spoke in favor of moving Marshall company would face a problem hearing and noted that Starke County County to the Central Time Zone, noting ‘‘securing trucking services, which had previously been located in the regional ties to St. Joseph County. primarily emanate from the Central Central Time Zone and that county Out of 426 comments submitted to the Time Zone.’’ Furthermore, in supporting residents support a return to the Central docket from Marshall County, 305 the Central Time Zone, Professor Gaski Time Zone. County Commissioner Kroft favored the Central Time Zone, 50 disputed the MACOG data and its along with his fellow commissioner favored the Eastern Time Zone, and 71 underlying methodology. Mark Milo also spoke in support of their expressed interest in keeping Indiana on With regard to schooling, many petition at the South Bend hearing. the same time zone, expressing no proponents of moving St. Joseph County preference. to the Central Time Zone raised the State Representative Steve Heim and safety of children argument discussed State Senator Vic Heinhold spoke at Pulaski above, based on concerns of late sunrise both the Logansport and South Bend Pulaski County Commissioners times. Six school board superintendents hearings in support of Starke County’s submitted a petition in which they from Elkhart County, however, signed a request to be moved to the Central Time enumerated reasons for a move to the joint letter to the Department saying, Zone and Senator Heinhold submitted a Central Time Zone based on comments ‘‘With split time zones, students who letter to the docket supporting Starke made during an open public meeting. participate in athletics and other County’s petition. County Commissioners commented that academic activities with schools who Few commenters expressed at the open public hearing, ‘‘There were are on a different time zone will mean opposition to moving Starke County to no citizens who were in favor of getting home later than they already do the Central Time Zone. Out of 281 Eastern. All were in favor of leaving the which is now sometimes after 10:30 comments submitted to the docket from time alone, by not having to change time p.m.–11 p.m. This could possibly now Starke County, 244 favored the Central during the year. But, if we have to be closer to midnight and they will be Time Zone, 12 favored the Eastern Time choose one of the two, the choice would expected to be ready for a full day of Zone, and 25 either expressed no be Central Time.’’ County school the next day. This is ludicrous.’’ preference or said that Indiana should Commissioners noted the consideration In a similar vein, James Kunze, be on one time zone. of school children waiting during a late

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sunrise, the importance of sunlight to its also submitted by an attorney for the Eastern Time.’’ They stated, ‘‘if farming community, television Fulton County Board of Commissioners, Lafayette were on Central Time this programming from South Bend and but no additional data was submitted. would be a very compelling reason for Chicago, newspapers from Indianapolis, Commissioner Rose spoke at the Central Time.’’ While they stated the South Bend, Logansport, and Chicago, Logansport hearing, presenting leading industry is meat packing, which and airports in Indianapolis and information in further support of the ships to the west into the Central Time Chicago. In addition, the County county’s original petition to move to the Zone, they also noted with regard to Commissioners submitted annual Central Time Zone. The Fulton County transportation that the airports in commuting data in support of their Commissioner stressed the close Chicago and Indianapolis are used position. connection of Fulton County to St. ‘‘almost in equal numbers’’ and that Director Dan Dolezal of the Pulaski Joseph and Marshall Counties, pointing residents ‘‘leave the county for every Community Development Commission out, for example, that the U.S. 31 reason in all directions,’’ not favoring presented information from the two corridor was the main road in the any time zone. They also noted no major employers in the County who county and connected its northern significant time zone impact on media. favored the Central Time Zone as well neighboring counties. He stated that Commissioner Hylton spoke at the as from other employers. The President Fulton should not be isolated from those Logansport hearing, noting that Carroll of Pulaski County Council also spoke in counties by being on a different time was a rural agricultural county. He favor the Pulaski County petition and zone, and would like to include Elkhart noted that the late sunrise in the winter also noted the difficulty of being a and Kosciusko Counties. He stated that was a concern because no sunlight and border county and suggested that the the school districts preferred Central bad winter weather could cause school entire state be in the same time zone. In time and that they would prefer not to cancellation, rather than just a late a comment to the docket, Paul O’Malley be dealing with two different time arrival. Delayed school starts would also noted that Pulaski County has regional zones. Fulton County Commissioners have a negative impact on working ties to counties that are currently in the Roger Rose and Richard Powell spoke in parents. He noted that another factor in Central Time Zone or would be moved support of their petition at the South the decision to petition to be moved to to the Central Time Zone by DOT’s Bend hearing. the Central Time Zone was in decision. He referred to workforce Out of 30 comments submitted to the anticipation that neighboring counties planning, economic growth, and docket from Fulton County, 12 favored Tippecanoe and Howard would also economic development regions. Moving the Central Time Zone, 3 favored the request a move to the Central Time Pulaski to the Central Time Zone would Eastern Time Zone, and 15 expressed Zone, but they did not. ensure that all counties in these regions interest in keeping Indiana on the same Out of 13 comments submitted to the were in the same time zone. time zone, expressing no preference. docket from Carroll County, 5 favored Out of 71 comments submitted to the the Central Time Zone, 6 favored the docket from Pulaski County, 41 favored White Eastern Time Zone, and 2 expressed the Central Time Zone, 17 favored the With a 2–1 vote, the White County interest in keeping Indiana on the same Eastern Time Zone, and 13 expressed Commissioners petitioned to be moved time zone, expressing no preference. interest in keeping Indiana on the same to the Central Time Zone based on two Cass time zone, expressing no preference. public hearings and email, telephone, and personal contact. White County Cass County Commissioners Fulton residents expressed an interest in petitioned for a change to the Central The Fulton County Commissioners ‘‘keeping the time the way it is’’ before Time Zone and enclosed two exhibits, unanimously petitioned to be changed Daylight Saving Time. They noted that Work/Residence Patterns—A STATS to the Central Time Zone. They noted White County is halfway between Indiana Annual Commuting Trends economic development is to points Chicago and Indianapolis and bordered Profile and a letter from the Logansport North and West, rather than East and by 5 Indiana counties, one currently on Economic Development Foundation South. Fulton County’s petition the Central Time Zone, one choosing to (LEDF), responding to the questions enumerated reasons for a preference to remain in the Eastern Time Zone and 3 DOT posed in its notice inviting local move to the Central Time Zone based on counties that petitioned for a change to officials to request a time zone change. information presented by the Fulton the Central Time Zone. The The commuting patterns showed that Economic Development Corporation, in Commissioner also said that many workers commuting into Cass County response to the questions posed by the residents expressed concern about came from counties in the Eastern Time Department to determine whether such ‘‘school children boarding buses in the Zone. Likewise, 17% of Cass County a change would be ‘‘for the convenience dark all winter when we are on Eastern residents work outside of Cass County of commerce.’’ The petition noted the time.’’ They noted that media and and commute to work into counties in origin and destination of supplies, the transportation were split between the the Eastern Time Zone. With regard to origin of television and radio broadcasts Eastern and Central Time Zones. how the time zone impacts on such and newspapers, bus, passenger rail, Out of 37 comments submitted to the things as economic, cultural, social, and and air transportation options, and work docket from White, 11 favored the civic activities, the letter from LEDF patterns, but did not conclusively favor Central Time Zone, 21 favored the said that it did not have specific one time zone or another. The Eastern Time Zone, and 5 expressed information to address these matters. comments of several local business interest in keeping Indiana on the same At the Logansport hearing, owners, included in the submission by time zone, expressing no preference. Commissioner Eller spoke in support of the Fulton County Commissioners, the county’s petition, emphasizing a preferred either no time zone change or Carroll poll that showed that residents did not a change to the Central Time Zone. A Carroll County Commissioners want Daylight Saving Time and wanted letter requesting consideration of the submitted a petition to move to the to have the same time across the state. Fulton petition and an extension of time Central Time Zone based on 3 public He said that after school activities will ‘‘to submit additional information hearings during which ‘‘not one citizen be problematic with schools in counties before a final decision is made’’ was of Carroll County spoke in favor of in different time zones. On the other

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hand, noting that he was absent when Eastern Time Zone, and 6 expressed Counties in Indiana.’’ These areas are the County Commissioners voted to interest in keeping Indiana on the same located in the Central Time Zone. petition to request a change to the time zone, expressing no preference. As we noted in the NPRM, Knox Central Time Zone, Commissioner Steve Donny Morin, a Sullivan County provided information on their Kain favored Eastern Time Zone. He resident, was a strong proponent of commuting patterns to the Central Time said that residents seek medical moving Sullivan County to the Central Zone, and reliance on Evansville for a attention in Kokomo, Lafayette, and Time Zone. He listed a number of majority of their communications and Indianapolis, which are in the Eastern businesses that shared a ‘‘close transportation services. Time Zone. economic relationship with Illinois and At the Jasper public hearing, Knox At the Logansport hearing, the DOT Southwestern Indiana businesses.’’ He County Commissioners Beckwith and hearing official was presented with a also noted that ‘‘[m]any people from the Bobe spoke in support of their petition. petition signed by 91 citizens of Cass Sullivan County Community attend 1 or Out of 27 comments filed by Knox County requesting that the U.S. 6 nearby post secondary schools * * *. County residents, 6 favored the Central Department of Transportation ‘‘leave Of those six higher educational Time Zone, 14 favored the Eastern Time Cass County, Indiana, in the same time institutions, only three are or would be Zone, and 7 either expressed no zone as the cities of Kokomo, Lafayette in the Eastern Time Zone.’’ He also preference or said that Indiana should and Indianapolis, i.e., Eastern Standard noted a similar split in health care. Of be on one time zone. Time.’’ the four hospitals serving Sullivan Daviess Out of 14 comments submitted to the County, two hospitals are in a county in The Daviess County Commissioners docket from Cass County (excluding the Eastern Time Zone, one is in unanimously petitioned to move to the those presenting at the Logansport Sullivan, and the other is in a county Central Time Zone. They stated that hearing), 6 favored the Central Time proposed to be in the Central Time Daviess County residents shopped in Zone, 5 favored the Eastern Time Zone, Zone. He also commented on confusion Evansville in the Central Time Zone, and 3 expressed interest in keeping in television broadcasting tornado and noted that the closest major airport Indiana on the same time zone, warnings and the time zones in the was also located there. While they expressing no preference. affected areas. On the other hand, many received television broadcasts from commenters to the docket stated that Non-Petitioning Counties Evansville, they also received them from Sullivan County residents noted that In the Notice of Proposed Terre Haute. The Commissioners noted many residents work in Vigo County in Rulemaking, we specifically invited that ‘‘numerous citizens of Daviess the Eastern Time Zone and noted comment from neighboring Indiana County’’ are employed in Gibson regional ties to Vigo. counties, and counties in Michigan, County in the Central Time Zone. Kentucky, Ohio, and Illinois that may Knox After DOT issued its notice that did also be impacted by any change. Out of not propose to move Daviess County to Knox County Commissioners 611 comments submitted to the docket the Central Time Zone, Commissioner submitted a petition to move to the from Elkhart County, 219 favored the Wichman wrote to express his dismay Central Time Zone based on a public Central Time Zone, 241 favored the and provided additional justification. hearing during which ‘‘a majority of the Eastern Time Zone, and 151 expressed He noted strong employment ties to citizens and businesses of Knox County interest in keeping Indiana on the same other counties in the southwest region, favored adopting Central Daylight time zone, expressing no preference. including three major factories. He also Savings Time’’ and a unanimous vote by Out of 48 comments submitted to the said that Daviess County had close ties the Commissioners to adopt ‘‘a docket from Kosciusko County, 15 to Knox County because of ‘‘a 4 year Resolution calling for institution of favored the Central Time Zone, 12 college, a large regional hospital and Central Daylight Savings Time in Knox favored the Eastern Time Zone, and 21 large retail outlets.’’ County.’’ The attorney for the Knox expressed interest in keeping Indiana on Out of 10 comments submitted to the County Board of Commissioners sent a the same time zone, expressing no docket from Daviess County, 5 favored letter with the petition, and the preference. the Central Time Zone, 4 favored the petition’s accompanying exhibit Eastern Time Zone, and 1 expressed Southwest Counties enumerated the ways in which the interest in keeping Indiana on the same Petitioning shipment of goods, television time zone, expressing no preference. broadcasts, newspapers, bus services, Knox County Commissioners spoke in Sullivan airports, and work patterns favor Knox support of moving Daviess County to Sullivan County Commissioners County being located in the Central the Central Time Zone at the Jasper petitioned to change to the Central Time Time Zone. public hearing. Zone. Their letter stated, ‘‘The The petition noted that Knox is Governor Daniels, addressing Commissioners’ concern is the located at the western edge of Indiana, Southwest Indiana in his letter to the unusually late sunrise would expose our bordering Illinois, which is in the Department, wrote ‘‘to fully preserve the school children and morning Central Time Zone. To the south, Knox unity of this natural region it is essential commuters to undue hazards. The borders Gibson County, Indiana, which that you grant the petitions of the three extended darkness and winter weather is also in the Central Time Zone. The remaining counties in this corner of the conditions make a very dangerous Knox petition noted that Knox County State’’ and specifically noted Daviess combination.’’ Sullivan County residents were employed at the Toyota County. Commissioners Ray McCammon, Carter plant in Gibson County, ‘‘creating time Phigly, and Chris Atkinson spoke at the zone issues.’’ As for social and civic Martin Terre Haute public hearing in support of activities, it noted that residents ‘‘who Martin County Commissioners their petition. leave the county for schooling, submitted a petition to move to the Out of 43 comments submitted to the recreation, healthcare, or religious Central Time Zone after stating that the docket from Sullivan County, 7 favored worship primarily go into the State of Commission received ‘‘general input the Central Time Zone, 30 favored the Illinois, or Gibson and Vanderburgh from the citizens of Martin County and

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have been advised that inclusion in the Two Lawrence County their news from Evansville as opposed Central Time Zone was preferred by a Commissioners spoke at the hearing in to Indianapolis. He also emphasized the majority of those responding.’’ The Jasper. While Lawrence County connection of the counties in the region. petition enumerated the ways in which Commissioner David Flinn emphasized Out of 288 comments submitted to the the shipment of goods, television and desire to move to the Central Time Zone docket from Dubois, 130 favored the radio broadcasts, local newspapers, to ensure the safe transportation of Central Time Zone, 146 favored the airports, work patterns, major elements school children, his colleague on the Eastern Time Zone, and 12 expressed of the economy, outlets for higher Commission, Bill Spreen, emphasized interest in keeping Indiana on the same education, and hospital services favor that the State should be united. time zone, expressing no preference. Martin County being located in the Out of 8 comments submitted to the Knox County Commissioners Central Time Zone, because the docket from Lawrence County, 5 favored Beckwith and Bobe spoke in support surrounding counties which impacted the Central Time Zone and 3 favored the moving Dubois County to the Central these matters were also petitioning to be Eastern Time Zone. Time Zone. In addition, Pike County Commissioner Dale Nalley spoke in moved into the Central Time Zone. Pike At the Jasper hearing, Martin County support of the Dubois County petition, Commissioner Michael Dant The Pike County Commissioners saying that Pike and Dubois counties emphasized workforce development and petitioned for a change to the Central should be on the same time zones. the importance of being in the same Time Zone, voting in favor of the Governor Daniels, addressing time zone as Martin County’s petition by a 2–1 vote, emphasizing Southwest Indiana in his letter to the surrounding counties as a reason to changing working patterns to the Department, wrote ‘‘to fully preserve the move Martin County to the Central Time Central Time Zone and transportation unity of this natural region it is essential Zone. services and television and radio that you grant the petitions of the three Out of 9 comments submitted to the broadcasts from the Central Time Zone. remaining counties in this corner of the docket from Martin County, 4 favored As we noted in the NPRM, based on the State’’ and specifically noted Dubois the Central Time Zone, 5 favored the evidence presented, Pike County County. Eastern Time Zone. appears to be closely tied to Evansville The President and General Manager of Both at the Jasper hearing and in a for many goods, services, and activities. Holiday World & Splashin’ Safari in written submission to the docket, Pike County Commissioner Dale Spencer County wrote in support of Martin County residents emphasized Nalley expressed appreciation to the moving Dubois County to the Central Martin County’s connection to other Department for proposing to move Pike Time Zone, based on the close economic counties in southwestern Indiana. For County to the Central Time Zone and, ties to Perry, Spencer, and Pike example, Justin Byrd emphasized stressing regional ties, also spoke in Counties. He said that a time zone Evansville’s sphere of influence into the support of the Dubois County petition, boundary between Spencer and Dubois region by referring to its media range, saying that Pike and Dubois counties counties would have a negative impact air transportation, and cellular phone should be on the same time zones. on visitors to the park and noted that service. Out of 16 comments submitted to the 26% of seasonal employees commuted Governor Daniels, addressing docket from Pike, 8 favored the Central from Dubois County. Southwest Indiana in his letter to the Time Zone, 5 favored the Eastern Time In a statement in support of the Department, wrote ‘‘to fully preserve the Zone, and 3 expressed interest in Dubois County petition, Paul O’Malley unity of this natural region it is essential keeping Indiana on the same time zone, referred to the county’s economic ties to that you grant the petitions of the three expressing no preference. southwest Indiana as ‘‘illustrated by its remaining counties in this corner of the inclusion in the southwestern regions of State’’ and specifically noted Martin Dubois several economic and business related County. With a 2–1 vote, the Dubois County regions designated by the Indiana Commissioners petitioned to be moved government.’’ He noted that Dubois Lawrence to the Central Time Zone based on a County is in Workforce Investment In a letter to the Department, public meeting, additional polls, and Region 11 as well as the Southwest Lawrence County requested a change to detailed information responding to Indiana Economic Development Region the Central Time Zone. The County DOT’s questions. The Commissioners an Economic Growth Region 11. He also Commissioners made a geographic stated that the requested change of time noted that Dubois County is in the argument and noted ‘‘every square foot zone ‘‘was supported by 60% to 70% of Evansville District of the United States of Indiana is located in the Central/ the general public, by representatives of District Court for the Southern District Standard Time Zone * * * ’’ In addition three local school districts, and by of Indiana and that jurisdiction for to their geographic position, the County approximately 50% of local business residents of Dubois County in Commissioners noted that the county and industry.’’ The Commissioners bankruptcy matters is also in Evansville, receives media from Indianapolis and stressed Dubois County’s relationship in the Central Time Zone. As for Louisville, both in the Eastern Time with the Evansville region. In addition, education, Mr. O’Malley stated that Zone. Transportation (bus and air) was the Commissioners submitted annual Dubois County school districts do not mixed, with bus traffic to Indianapolis commuting data, Indiana Economic cross county lines. Referring to in the Eastern Time Zone and air service Development Corporation Regional commuting patterns, he stated ‘‘the from airports in both the Eastern and Office data, and Indiana Workforce number would overwhelmingly favor Central Time Zones. As for commuting Development data emphasizing regional Central Time.’’ patterns, the letter stated that the connections in support of their position. ‘‘majority of the residents who commute Commissioner John Burger from Perry to other counties are primarily Dubois County reported that Dubois Perry County Commissioners employed in the cities of Bloomington, submitted additional information to the submitted a petition to move to the Seymour, Indianapolis, Louisville, or docket. He provided detailed statistics Central Time Zone with detailed Crane.’’ These cities are in the Eastern on the number of newspaper subscribers information to illustrate how the change Time Zone. in the county who preferred to receive would ‘‘serve the convenience

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commerce. The petition responded to in the area.’’ Another Vermillion County employers. Further, Pulaski has regional the Department’s request for resident, speaking at the Terre Haute economic and workforce ties and information on how the change in time public hearing, noted that she favored business connections to counties zone would impact economic, cultural, the Eastern Time Zone because the already in the Central Time Zone. Those social, and civic activities and how time headquarters of the county’s largest ties are enhanced by moving the time zone changes affect businesses, employer is in the Eastern Time Zone. zone boundary for Pulaski County. A communication, transportation, and According to Work/Residence clear majority of the comments to the education. It discussed how the Patterns—A STATS Indiana Annual docket also supported a change to the television broadcasts, newspapers, and Commuting Trends Profile, the majority Central Time Zone. For these reasons, work patterns favor Perry County being of workers commuting into and out of we have determined that Pulaski County located in the Central Time Zone. Vermillion County do so from the also be moved to the Central Time Zone. At the Jasper public hearing, Perry Eastern Time Zone. Furthermore, St. Joseph County addressed all the County was represented by attorney Vermillion County is in an economic factors that we consider in its petition Christopher Goffinet who submitted a growth, workforce, and commerce and explained why changing to the petition on behalf of the County. region with other counties in the Central Time Zone could serve ‘‘the Emphasizing regional connections, he Eastern Time Zone. As we noted in the convenience of commerce.’’ Of all the said it was ‘‘very important’’ for Perry NPRM, we have been reluctant to create petitions received by DOT requesting a and Dubois County to be on the same ‘‘islands of time’’ by placing one county move from the Eastern Time Zone to the time zone because of the ‘‘significant’’ in a different time zone from all its Central Time Zone, however, the number of Perry County residents who neighboring counties in the State; we petition from St. Joseph County was the work in Dubois County. consider the affect on economic, most controversial and generated the Out of 30 comments submitted to the cultural, social, and civic activities most comment. One third of the 6000 docket from Perry County, 15 favored between neighboring counties in making comments to the docket addressed the the Central Time Zone, 30 favored the decisions. St. Joseph County petition and more Eastern Time Zone, and 4 expressed than 200 people attended the public DOT Determination interest in keeping Indiana on the same hearing in South Bend, with over 150 time zone, expressing no preference. Northwest presenting comments. The written comments to the docket West Central Based on the petitions, comments to concerning the St. Joseph County the docket and at the public hearings, Vermillion petition were almost equally divided and an analysis of Indiana economic, between supporting and opposing a Vermillion County Commissioners workforce, transportation, and change from the Eastern to the Central petitioned for a change from the Eastern education regions and media/commerce Time Zone. Those supporting a change Time Zone to the Central Time Zone data, DOT is relocating, for the cited the close ties of the county to based on a discussion during a regularly convenience of commerce, Starke and Chicago and the Midwest and the fact scheduled meeting of the Vermillion Pulaski Counties from the Eastern Time that their neighboring counties to the County Board of Commissioners where Zone to the Central Time Zone. We are west were all in the Central Time Zone. all speakers favored a change to the not changing the time zone boundaries A representative of the South shore Central Time Zone. The petition of St. Joseph, Marshall, Fulton, White, railroad complained that it was the only summarized the reasons as follows: Carroll, and Cass Counties. These 6 commuter railroad in the country that many people from Vermillion work in counties will remain in the Eastern deals with two time zones for its Illinois, travel there for medical Time Zone. schedule. treatments or for entertainment, use the Starke addressed all the factors that Significantly, a substantial number of airports in Illinois and get their radio we consider in these proceedings and those supporting a move to the Central and news from Illinois. made a convincing case that changing to Time Zone acknowledged that the DOT preliminarily denied Vermillion the Central Time Zone would serve ‘‘the surrounding counties to the east and County’s petition. Vermillion County convenience of commerce.’’ Written south, Elkhart, Kosciusko, and Marshall, Commissioner Marrietta spoke at the comments from Starke County should also be moved to the Central hearing in favor of one time zone for the overwhelmingly supported moving the Time Zone because of their close ties to entire state and Vermillion County did county to the Central Time Zone where St. Joseph County. Even though Elkhart not submit any additional information. it had previously been some years ago. and Kosciusko had not sought a change Of the 25 comments submitted to the We did not receive any additional and DOT did not propose to move docket from Vermillion County information that would persuade us to Marshall, these commenters urged that residents, 11 favored the Central Time change our initial determination to St. Joseph County be changed in hopes Zone, based on media, transportation, move Starke to the Central Time Zone. of ‘‘forcing’’ the other counties to move employment and the economy, In the NPRM, we did not propose to to the Central Time Zone. geography, and social reasons. move Pulaski County to the Central On the other hand, a sizable number Commenters noted that Vermillion Time Zone. Pulaski, however, has of commenters (40%) opposed moving County borders Illinois in the Central regional ties to Starke County, a county St. Joseph County to the Central Time Time Zone. Ten Vermillion County we are moving to the Central Time Zone citing the close ties of the residents favored the Eastern Time Zone. Although the County Michiana area, including workforce Zone, due to social, employment and Commissioners did not submit districts and media markets as well as economic reasons, and wanting to be on additional information or data, the educational, recreational, and health the same time zone as Vigo and Marion Director of the Pulaski County care opportunities. Many of these Counties. One commenter noted that Community Development Commission commenters spoke about their frequent Vigo is home to Indiana State presented information in support of the cross-county trips and trips between University, Rose Hulman Institute of Central Time Zone that had not been Indiana and lower Michigan for Technology, Ivy Tech, and St Mary’s of previously provided by the County, personal and business reasons, the Woods and is ‘‘a known retail hub including information about two major complaining that they would be made

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more difficult by changing the time zone counties, 4 in the Eastern Time Zone change in the time zone at this time. boundary of only a single county. They and two to be moved to the Central Carroll County is located in a regional feared that this would create problems Time Zone as a result of this final rule, workforce center, a commerce region, for businesses and citizens alike. petitioned for a change to the Central and a commerce/media region with Indeed, one might characterize these Time Zone. We did not find that the bordering counties that are located in commenters’ view of moving only St. county petition provided sufficient the Eastern Time Zone. DOT, therefore, Joseph County as promoting the information under the statutory is not changing the time zone boundary ‘‘inconvenience of commerce’’ rather standard to justify proposing the for Carroll County. Carroll County will than furthering the statutory goal ‘‘for change. The County Commissioners did remain in the Eastern Time Zone. the convenience of commerce.’’ not provide sufficient additional Cass County in Northwest Indiana, We give substantial consideration to information in this proceeding. No surrounded by 5 other Indiana counties, the views of local elected officials commenters submitted sufficient all in the Eastern Time Zone, petitioned because the foundation of our time zone evidence to warrant a change in time for a change to the Central Time Zone. boundary proceedings rest upon their zones. Furthermore, neither regional ties We did not find that the county petition requests. We note that although the nor commuting patterns would justify a provided sufficient information to President of St. Joseph County signed change in the time zone, at this time. justify proposing the change. For the county petition, spoke in favor of it Marshall County is located in a regional example, the commuting patterns from at the South Bend hearing, and workforce center, a commerce region, STATS Indiana submitted by the subsequently submitted an additional and a commerce/media region with Commissioners showed workers letter of support to the docket, as a bordering counties that are located in commuting into and out of Cass County member of the Michiana Council of the Eastern Time Zone. DOT, therefore, as coming from and going to counties in Governments (MACOG), she also made is not changing the time zone boundary the Eastern Time Zone. Neither the a motion to ‘‘support the sending of a for Marshall County. Marshall County County Commissioners nor other letter by the policy board to ask that the will remain in the Eastern Time Zone. commenters submitted sufficient four county region all remain in the White County in Northwest Indiana, evidence to warrant a change in time same time zone.’’ In addition, a second surrounded by 6 other Indiana counties, zones and neither regional ties nor St. Joseph County Commissioner 4 in the Eastern Time Zone, one commuting patterns would justify a submitted comments to the docket currently in the Central Time Zone, and change in the time zone at this time. opposing a move to the Central Time one to be moved to the Central Time Cass County is located in a regional Zone. Based on the conflicting views of Zone as a result of this final rule, workforce center, a commerce region, the county commissioners in St. Joseph petitioned for a change to the Central and a commerce/media region with County and 2 local mayors and the Time Zone. We did not find that the bordering counties that are located in information submitted showing St. county petition provided sufficient the Eastern Time Zone. DOT, therefore, Joseph’s ties to the Michiana area information under the statutory is not changing the time zone boundary including Elkhart and Kosciusko standard to justify proposing the for Cass County. Cass County will Counties that did not petition for a change. The County Commissioners did remain in the Eastern Time Zone. change, we believe that a time zone not provide any additional information Central change, at this time, would not be for in this proceeding. No commenters the convenience of commerce. DOT, submitted sufficient evidence to warrant Vermillion County in Central Indiana, therefore, is not changing the time zone a change in time zones. Furthermore, on the Illinois border and surrounded boundary for St. Joseph County. St. neither regional ties nor commuting by 3 other Indiana counties in the Joseph County will remain in the patterns would justify a change in the Eastern Time Zone, petitioned for a Eastern Time Zone. time zone at this time. White County is change to the Central Time Zone. We Fulton County in Northwest Indiana, located in a regional workforce center, did not find that the county petition bordered by 7 other Indiana counties, 5 a commerce region, and a commerce/ provided sufficient information to in the Eastern Time Zone, and two to be media region with bordering counties justify proposing the change. The moved to the Central Time Zone as a that are located in the Eastern Time County did not provide any additional result of this final rule, petitioned for a Zone. DOT, therefore, is not changing information in the proceeding. No change to the Central Time Zone. We the time zone boundary for White commenters submitted sufficient did not find that the county petition County. White County will remain in evidence to warrant a change in time provided sufficient information under the Eastern Time Zone. zones and neither regional ties nor the statutory standard to justify Carroll County in Northwest Indiana, commuting patterns would justify a proposing the change. The County surrounded by 5 other Indiana counties, change in the time zone for the Commissioners did not provide any all in the Eastern Time Zone, petitioned convenience of commerce at this time. additional information in this for a change to the Central Time Zone. Vermillion County is closely aligned proceeding. No commenters submitted We did not find that the county petition regionally with its neighboring counties sufficient evidence to warrant a change provided sufficient information to Vigo and Parke. They share economic in time zones. Furthermore, neither justify proposing the change. In fact, growth, workforce, commerce, regional ties nor commuting patterns some of the county’s evidence, such as transportation, and education regions would justify a change in the time zone that relating to transportation patterns, defined by Indiana. As we noted in the at this time. Fulton County is located in pointed equally to Chicago and NPRM, we have been reluctant to create an economic growth area with bordering Indianapolis, and they conceded no ‘‘islands of time’’ by placing one county counties that are located in the Eastern significant time zone impact on the in a different time zone from all its Time Zone. DOT, therefore, is not media. Neither the County neighboring counties in the State; we changing the time zone boundary for Commissioners nor other commenters consider the effect on economic, Fulton County. Fulton County will subsequently submitted sufficient cultural, social, and civic activities remain in the Eastern Time Zone. evidence to warrant a change in time between neighboring counties in making Marshall County in Northwest zones and neither regional ties nor decisions. DOT, therefore, is not Indiana, bordering 6 other Indiana commuting patterns would justify a changing the time zone boundary for

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Vermillion County. Vermillion County Sullivan County is surrounded by 4 Impact on Observance of Daylight will remain in the Eastern Time Zone. counties in Indiana and borders Illinois Saving Time Southwest to the west. Prior to this proceeding, the As noted above, this time zone four Indiana counties have been located proposal does not affect the observance The following counties in Southwest in the Eastern Time Zone; this final rule of Daylight Saving Time. Under the Indiana petitioned DOT to be moved to will change the county to the south of Uniform Time Act of 1966, as amended, the Central Time Zone: Sullivan, Knox, Sullivan to the Central Time Zone. No the standard time of each time zone in Pike, Daviess, Dubois, Martin, commenters submitted sufficient the United States is advanced one hour Lawrence, and Perry. DOT tentatively evidence to warrant a change in time from 2 a.m. on the first Sunday in April proposed to relocate the time zone zones and neither regional ties nor until 2 a.m. on the last Sunday in boundary in Indiana to move Knox, commuting patterns would justify a October, except in any State that has, by Pike, and Perry Counties from the change in the time zone at this time. law, exempted itself from this Eastern Time Zone to the Central Time Sullivan County is located in a regional observance. Under recently enacted Zone at the request of their County workforce center and a commerce region federal legislation, beginning in 2007, Commissioners. We tentatively with bordering counties that are located Daylight Saving Time will begin the proposed not to change the time zone in the Eastern Time Zone. DOT, second Sunday in March and end the boundary to move Sullivan, Daviess, therefore, is not changing the time zone first Sunday in November. Dubois, Martin, and Lawrence Counties boundary for Sullivan County. Sullivan In 2006, Indiana will begin observing from the Eastern Time Zone to the County will remain in the Eastern Time Daylight Saving Time throughout the Central Time Zone. We noted that if Zone. State. Our decision does not change additional information was provided Indiana’s decision to observe Daylight Lawrence County is surrounded by 6 that indicates that the time zone Saving Time statewide. However, as counties. Prior to this proceeding, all 6 boundary should be drawn differently, noted by many commenters, the effect of either to include counties currently have been located in the Eastern Time the Indiana legislature’s action is that excluded or to exclude counties that are Zone; this final rule will change one of the State will no longer have a single currently included in this proposal, we the counties on the western border of statewide time for seven months of the would make the change at the final rule Lawrence to the Central Time Zone. No year as it has had previously when the stage of this proceeding. commenters submitted sufficient counties in the Eastern Time Zone did Based on the comments submitted to evidence to warrant a change in time not observe Daylight Saving Time. the docket and made at the public zones and neither regional ties nor hearings and an analysis of Indiana commuting patterns would justify a Regulatory Analysis & Notices economic, workforce, transportation, change in the time zone for the This proposed rule is not a education regions and media/commerce convenience of commerce at this time. ‘‘significant regulatory action’’ under data, DOT is relocating, for the Lawrence County is located in a section 3(f) of Executive Order 12866 convenience of commerce, the time regional workforce center, a commerce and does not require an assessment of zone boundary to move Knox, Pike, region, and a commerce/media region potential costs and benefits under Daviess, Dubois, Martin, and Perry with bordering counties that are located section 6(a)(3) of that Order. It has not Counties to the Central Time Zone. As in the Eastern Time Zone. DOT, been reviewed by the Office of described above in the summary of the therefore, is not changing the time zone Management and Budget under that hearings and comments to the docket, boundary for Lawrence County. Order. It is not ‘‘significant’’ under the these six counties have strong regional Lawrence County will remain in the regulatory policies and procedures of ties to each other and Central Time Eastern Time Zone. the Department of Transportation (44 FR Zone Counties. While Daviess, Dubois, 11040; February 26, 1979). We expect Knox, Martin, and Perry border other Conclusion the economic impact of this proposed Indiana counties in the Eastern Time rule to be so minimal that a full In our experience, time zone Zone, their ties to those counties is not Regulatory Evaluation under paragraph boundary changes can be extremely as strong as they are to each other and 10e of the regulatory policies and disruptive to a community and, to other counties to their south, which procedures of DOT is unnecessary. The therefore, should not be made without are currently in the Central Time Zone. rule primarily affects the convenience of careful consideration. Our decision is Along with Pike, these counties are individuals in scheduling activities. By located in the same workforce, based on the statutory standard ‘‘regard itself, it imposes no direct costs. Its commerce, transportation, and for the convenience of commerce and impact is localized in nature. education regions designated by the existing junction points and division Indiana. points of common carriers engaged in Small Entities With regard to Sullivan and Lawrence interstate or foreign commerce,’’ which Under the Regulatory Flexibility Act Counties, also in the Southwest, we did we define very broadly to include (5 U.S.C. 601–612), we considered not find that either county provided consideration of all the impacts upon a whether this final rule would have a sufficient information to justify community of a change in its standard significant economic impact on a proposing the change. County of time. Our decision is intended to substantial number of small entities. Commissioners from both counties minimize disruption and to allow The term ‘‘small entities’’ comprises spoke at the public hearings; Sullivan communities to fully assess the impact small businesses, not-for-profit County Commissioners spoke in Terre of potential changes to the time zone organizations that are independently Haute and Lawrence County boundaries of their neighbors and owned and operated and are not Commissioners spoke in Jasper. Neither Daylight Saving Time observance dominant in their fields, and county, however, provided sufficient beginning in April 2006. Governmental governmental jurisdictions with additional information to justify a move representatives are free to petition DOT populations of less than 50,000. This to the Central Time Zone for the in the future to make further changes to rule primarily affects individuals and convenience of commerce. the time zone boundary. their scheduling of activities. Although

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it would affect some small businesses, Protection of Children thence west along the south line of Pulaski not-for-profits and, perhaps, a number County to the east line of Jasper County; We have analyzed this proposed rule thence south along the east line of Jasper of small governmental jurisdictions, we under E.O. 13045, Protection of have not received comments asserting County to the south line of Jasper County; Children from Environmental Health thence west along the south lines of Jasper that our proposal, if adopted, would Risks and Safety Risks. This rule is not and Newton Counties to the western have had a significant impact on small an economically significant rule and boundary of the State of Indiana; thence entities. does not concern an environmental risk south along the western boundary of the Therefore, I certify under 5 U.S.C. to health or risk to safety as defined by State of Indiana to the north line of Knox 605(b) that this final rule does not have the Executive Order that may County; thence easterly along the north line of Knox, Daviess, and Martin Counties to the a significant economic impact on a disproportionately affect children. west line of Lawrence County; thence south substantial number of small entities. Environment along the west line of Lawrence, Orange, and Under section 213(a) of the Small Crawford Counties to the north line of Perry Business Regulatory Enforcement This rulemaking is not a major County; thence easterly and southerly along Fairness Act of 1996 (Pub. L. 104–121), Federal action significantly affecting the the north and east line of Perry County to the we want to assist small entities in quality of the human environment Indiana-Kentucky boundary. understanding this rule so that they can under the National Environmental (c) Kentucky. From the junction of the east better implement it. Policy Act and, therefore, an line of Perry County, Ind., with the Indiana- environmental impact statement is not Kentucky boundary easterly along that Collection of Information boundary to the west line of Meade County, required. Ky.; thence southeasterly and southwesterly This final rule does not call for a new Privacy Act along the west lines of Meade and Hardin collection of information under the Counties to the southwest corner of Hardin Paperwork Reduction Act of 1995 (44 Anyone is able to search the County; thence along the south lines of U.S.C. 3501–3520). electronic form of all comments Hardin and Larue Counties to the northwest received into any of our dockets by the corner of Taylor County; thence southeasterly Federalism name of the individual submitting the along the west (southwest) lines of Taylor comment (or signing the comment, if County and northeasterly along the east This final rule has been analyzed in submitted on behalf of an association, (southeast) line of Taylor County to the west accordance with the principles and business, labor union, etc.). You may line of Casey County; and thence southerly criteria contained in Executive Order along the west and south lines of Casey and review DOT’s complete Privacy Act Pulaski Counties to the intersection with the 13132 (‘‘Federalism’’). This final rule Statement in the Federal Register does not have a substantial direct effect western boundary of Wayne County; and published on April 11, 2000 (Volume then south along the western boundary of on, or sufficient federalism implications 65, Number 70; Pages 19477–78) or you Wayne County to the Kentucky-Tennessee for, the States, nor would it limit the may visit http://dms.dot.gov. boundary. policymaking discretion of the States. * * * * * Therefore, the consultation List of Subjects in 49 CFR Part 71 requirements of Executive Order 13132 Time zones. Issued in Washington, DC on January 17, 2006. do not apply. I For the reasons discussed above, the Norman Y. Mineta, Office of the Secretary amends Title 49 Unfunded Mandates Secretary. Part 71 to read as follows: The Unfunded Mandates Reform Act [FR Doc. 06–563 Filed 1–19–06; 8:45 am] of 1995 (2 U.S.C. 1531–1538) and E.O. PART 71—STANDARD TIME ZONE BILLING CODE 4910–62–P 12875, Enhancing the Intergovernmental BOUNDARIES Partnership, (58 FR 58093; October 28, I 1993) govern the issuance of Federal 1. The authority citation for Part 71 DEPARTMENT OF COMMERCE regulations that impose unfunded continues to read as follows: mandates. An unfunded mandate is a Authority: Secs. 1–4, 40 Stat. 450, as National Oceanic and Atmospheric regulation that requires a State, local, or amended; sec. 1, 41 Stat. 1446, as amended; Administration tribal government or the private sector secs. 2–7, 80 Stat. 107, as amended; 100 Stat. to incur direct costs without the Federal 764; Act of Mar. 19, 1918, as amended by the 50 CFR Part 635 Uniform Time Act of 1966 and Pub. L. 97– Government’s having first provided the 449, 15 U.S.C. 260–267; Pub. L. 99–359; 49 [I.D. 011206I] funds to pay those costs. This final rule CFR 159(a), unless otherwise noted. would not impose an unfunded Atlantic Highly Migratory Species; mandate. I 2. Paragraphs (b) and (c) of § 71.5 are Atlantic Bluefin Tuna Fisheries revised to read as follows: Taking of Private Property AGENCY: National Marine Fisheries § 71.5 Boundary line between eastern and Service (NMFS), National Oceanic and This final rule does not result in a central zones. Atmospheric Administration (NOAA), taking of private property or otherwise (a) * * * Commerce. have taking implications under E.O. (b) Indiana-Illinois. From the junction of ACTION: Temporary rule; inseason 12630, Governmental Actions and the western boundary of the State of retention limit adjustment. Interference with Constitutionally Michigan with the northern boundary of the Protected Property Rights. State of Indiana easterly along the northern SUMMARY: NMFS has determined that boundary of the State of Indiana to the east Civil Justice Reform the Atlantic bluefin tuna (BFT) General line of LaPorte County; thence southerly category daily retention limit for three along the east line of LaPorte County to the This final rule meets applicable north line of Starke County; thence east along previously designated restricted fishing standards in sections 3(a) and 3(b)(2) of the north line of Starke County to the west days (RFD) should be adjusted. These E.O. 12988, Civil Justice Reform, to line of Mashall County; thence south along General category RFDs are being waived minimize litigation, eliminate the west line of Marshall County and Fulton to provide reasonable opportunity for ambiguity, and reduce burden. County to the north line of Cass County; utilization of the coastwide General

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category BFT quota. Therefore, NMFS Convention Act (16 U.S.C. 971 et seq.) through January 31, 2006, and waives three RFDs scheduled for and the Magnuson-Stevens Fishery Thursday, November 24, 2005, January 2006, and increases the daily Conservation and Management Act inclusive, provided quota remained retention limit from zero to two large (Magnuson-Stevens Act; 16 U.S.C. 1801 available and the fishery was open. medium or giant BFT on these et seq.) governing the harvest of BFT by RFDs are intended to extend the General previously designated RFDs. persons and vessels subject to U.S. category BFT fishery late into the DATES: Effective dates for BFT daily jurisdiction are found at 50 CFR part southern Atlantic season. NMFS has retention limits are provided in Table 1 635. The 2005 BFT fishing year began determined that the BFT General under SUPPLEMENTARY INFORMATION. on June 1, 2005, and ends May 31, 2006. category daily retention limit for three The final initial 2005 BFT specifications of the previously designated RFDs FOR FURTHER INFORMATION CONTACT: Brad and General category effort controls should be adjusted as described in Table McHale, 978–281–9260. (June 7, 2005; 70 FR 33033) established 1 to provide reasonable opportunity to SUPPLEMENTARY INFORMATION: the following RFD schedule for the 2005 Regulations implemented under the fishing year: All Fridays, Saturdays, and utilize the coastwide General category authority of the Atlantic Tunas Sundays from November 18, 2005, BFT quota.

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Area BFT Size Class Limit

Atlantic tunas General and HMS Charter/ January 20, 21, and 22, 2006 All Two BFT per vessel per day/trip, meas- Headboat (while fishing commercially) uring 73 inches (185 cm) CFL or larger

Adjustment of General Category Daily quota transfer to the Reserve category, fishing opportunities to help achieve Retention Limits resulting in an adjusted General optimum yield in the General category category quota of 708.3 mt. This action BFT fishery, to collect a broad range of Under 50 CFR 635.23(a)(4), NMFS was taken to account for any potential data for stock monitoring purposes, and may increase or decrease the General overharvests that may occur in the to be consistent with the objectives of category daily retention limit of large Angling category during the 2005 the HMS FMP. medium and giant BFT over a range fishing year (June 1, 2005 through May from zero (on RFDs) to a maximum of 31, 2006) and to ensure that U.S. BFT Monitoring and Reporting three per vessel to allow for maximum harvest is consistent with international NMFS selected the RFDs being utilization of the quota for BFT. NMFS and domestic mandates. waived after examining current fishing has taken multiple actions during the Catch rates in the BFT General year catch and effort rates, previous 2005 fishing year in an attempt to allow category fishery have generally been fishing years’ catch and effort rates, for maximum utilization of the General low, the average catch rate for December predicted weather patterns over the next category BFT quota. On September 28, 2005 and January 2006 is approximately week, and the available quota for the 2005 (70 FR 56595), NMFS adjusted the 3.0 mt/day. Based on a review of dealer 2005 fishing year. NMFS will continue commercial daily BFT retention limit reports, daily landing trends, available to monitor the BFT fishery closely (on non-RFDs), in all areas, for those quota, weather conditions, and the through dealer landing reports. vessels fishing under the General availability of BFT on the fishing Depending on the level of fishing effort category quota, to two large medium or grounds, NMFS has determined that and catch rates of BFT, NMFS may giant BFT, measuring 73 inches (185 waiving three RFDs established for determine that additional retention limit cm) or greater curved fork length (CFL), January 20, 21, and 22, 2006, and adjustments are necessary to ensure per vessel per day/trip, effective through increasing the General category daily available quota is not exceeded or, to January 31, 2006, inclusive, provided BFT retention limit on those RFDs is enhance scientific data collection from, quota remained available and the warranted to assist the fishery in and fishing opportunities in, all fishery remained open. On November 9, accessing the available quota. Therefore, geographic areas. 2005 (70 FR 67929), NMFS waived the NMFS adjusts the General category Closures or subsequent adjustments to previously designated RFDs for the daily BFT retention limits for January the daily retention limits, if any, will be month of November; on December 16, 20, 21, and 22, 2006, inclusive, to two published in the Federal Register. In 2005 (70 FR 74712), NMFS waived large medium or giant BFT per vessel. addition, fishermen may call the previously designated RFDs for NMFS recognizes that although catch Atlantic Tunas Information Line at (888) December 16–18, inclusive; on January rates have continued to be low so far 872–8862 or (978) 281–9260, or access 4, 2006 (71 FR 273), NMFS waived this season, they may increase rapidly, the Internet at www.nmfspermits.com previously designated RFDs for and to ensure equitable fishing for updates on quota monitoring and December 31, 2005, and January 1, 2006, opportunities in all areas and provide retention limit adjustments. inclusive; and on January 9, 2006 (71 FR opportunities for a late winter General 1395), NMFS waived previously category BFT fishery, NMFS needs to Classification designated RFDs for January 7, 8, 13, 14, carefully monitor and manage this The Assistant Administrator for and 15, 2006. The daily retention limit fishery. Conversely, if catch rates Fisheries, NOAA (AA), finds that it is for all the above dates was adjusted to continue to be low, some or all of the impracticable and contrary to the public two large medium or giant BFT to remaining previously scheduled RFDs interest to provide prior notice of, and provide reasonable opportunity to may be waived as well. an opportunity for, public comment on harvest the coastwide quota. The intent of this current adjustment this action. On December 7, 2005 (70 FR 72724), is to provide reasonable opportunity to The regulations implementing the NMFS adjusted the General category utilize landings quota of BFT while 1999 Fishery Management Plan (FMP) quota by conducting a 200 mt inseason maintaining an equitable distribution of for Atlantic Tunas, Swordfish, and

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Sharks provide for inseason retention DEPARTMENT OF COMMERCE order to reduce the amount of daily limit adjustments to respond to the catch in the HLA by about half and to unpredictable nature of BFT availability National Oceanic and Atmospheric disperse the fishery over time and in on the fishing grounds, the migratory Administration accordance with § 679.20(a)(8)(iii)(B), nature of this species, and the regional the Administrator, Alaska Region, variations in the BFT fishery. New 50 CFR Part 679 NMFS, has randomly assigned each information shows that landing rates are vessel to the HLA directed fishery for [Docket No. 041126332–5039–02; I.D. low and predicted weather conditions 011306A] Atka mackerel for which they have are unfavorable for the upcoming open registered and is now notifying each fishing days. Based on a review of Fisheries of the Exclusive Economic vessel of its assignment. recent information regarding the Zone Off Alaska; Atka Mackerel Lottery Vessels authorized to participate in availability of BFT on the fishing in Areas 542 and 543 the first HLA directed fishery in area grounds, dealer reports, daily landing 542 and/or in the second HLA directed trends, available quota, and weather AGENCY: National Marine Fisheries fishery in area 543 in accordance with conditions, NMFS has determined that Service (NMFS), National Oceanic and § 679.20(a)(8)(iii) are as follows: Federal this retention limit adjustment is Atmospheric Administration (NOAA), Fishery Permit number (FFP) 2443 warranted to increase access to available Commerce. Alaska Juris, FFP 3400 Alaska Ranger, quota. ACTION: Notification of fishery and FFP 4093 Alaska Victory. Delays in waiving the selected RFDs, assignments. Vessels authorized to participate in and thereby not increasing the General the first HLA directed fishery in area SUMMARY: NMFS is notifying the owners category daily retention limit, would be 543 and/or the second HLA directed and operators of registered vessels of contrary to the public interest. Such fishery in area 542 in accordance with their assignments for the 2006 A season delays would adversely affect those § 679.20(a)(8)(iii) are as follows: FFP Atka mackerel fishery in harvest limit General category vessels that would 3423 Alaska Warrior, FFP 3835 area (HLA) 542 and/or 543 of the otherwise have an opportunity to Seafisher, and FFP 3819 Alaska Spirit. harvest BFT on an RFD and would Aleutian Islands subarea of the Bering further exacerbate the problem of low Sea and Aleutian Islands management Classification area (BSAI). This action is necessary to catch rates. Limited opportunities to The Assistant Administrator for allow the harvest of the 2006 A season access the General category quota may Fisheries, NOAA (AA), finds good cause HLA limits established for area 542 and have negative social and economic to waive the requirement to provide area 543 pursuant to the 2005 and 2006 impacts to U.S. fishermen that depend prior notice and opportunity for public harvest specifications for groundfish in on catching the available quota. For the comment pursuant to the authority set the BSAI. General category, waiving of the forth at 5 U.S.C. 553(b)(B) as such selected RFDs needs to be done as DATES: Effective 1200 hrs, Alaska local requirement is unnecessary. This notice expeditiously as possible for the General time (A.l.t.), January 17, 2006, until merely advises the owners of these category participants to be able to use 1200 hrs, A.l.t., April 15, 2006. vessels of the results of a random the waived RFDs to take advantage of FOR FURTHER INFORMATION CONTACT: Josh assignment required by regulation. The the adjusted retention limits and plan Keaton, 907–586–7228. notice needs to occur immediately to accordingly. notify the owner of each vessel of its Therefore, the AA finds good cause SUPPLEMENTARY INFORMATION: NMFS assignment to allow these vessel owners under 5 U.S.C. 553(b)(B) to waive prior manages the groundfish fishery in the to plan for participation in the A season notice and the opportunity for public BSAI exclusive economic zone HLA fisheries in area 542 and area 543. comment. For all of the above reasons, according to the Fishery Management and because this action relieves a Plan for Groundfish of the Bering Sea The AA also finds good cause to restriction (i.e., waives a number of and Aleutian Islands Management Area waive the 30-day delay in the effective RFDs, thus increasing the opportunity to (FMP) prepared by the North Pacific date of this action under 5 U.S.C. retain more fish), there is also good Fishery Management Council under 553(d)(3). This finding is based upon cause under 5 U.S.C. 553(d) to waive the authority of the Magnuson-Stevens the reasons provided above for waiver of 30-day delay in effectiveness. Fishery Conservation and Management prior notice and opportunity for public This action is being taken under 50 Act. Regulations governing fishing by comment. CFR 635.23(a)(4) and is exempt from U.S. vessels in accordance with the FMP This action is required by §§ 679.20 review under Executive Order 12866. appear at subpart H of 50 CFR part 600 and 679.22 and is exempt from review and 50 CFR part 679. under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 In accordance with et seq. Authority: 16 U.S.C. 1801 et seq. § 679.20(a)(8)(iii)(A), owners and Dated: January 13, 2006. operators of vessels using trawl gear for Dated: January 13, 2006. John H. Dunnigan, directed fishing for Atka mackerel in the John H. Dunnigan, Director, Office of Sustainable Fisheries, HLA are required to register with Director, Office of Sustainable Fisheries, National Marine Fisheries Service. NMFS. Six vessels have registered with National Marine Fisheries Service. [FR Doc. 06–534 Filed 1–17–06; 2:01 pm] NMFS to fish in the A season HLA [FR Doc. 06–533 Filed 1–17–06; 2:01 pm] BILLING CODE 3510–22–S fisheries in areas 542 and/or 543. In BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 71, No. 13

Friday, January 20, 2006

This section of the FEDERAL REGISTER No other part of the regulatory FOR FURTHER INFORMATION CONTACT: contains notices to the public of the proposed information has been changed; Robin R. Jones of the Publications and issuance of rules and regulations. The therefore, the NPRM is not republished Regulations Branch, Legal Processing purpose of these notices is to give interested in the Federal Register. Division, Associate Chief Counsel persons an opportunity to participate in the (Procedure and Administration) at (202) rule making prior to the adoption of the final Correction of Publication rules. 622–7180 (not a toll-free number). Accordingly, the publication on SUPPLEMENTARY INFORMATION: A notice October 17, 2005 of the proposed of proposed rulemaking and notice of DEPARTMENT OF TRANSPORTATION regulations, which is the subject of FR public hearing that appeared in the Doc. 05–20679, is corrected as follows: Federal Register on September 16, 2005 Federal Aviation Administration § 39.13 [Corrected] (70 FR 54687), announced that a public hearing was scheduled for January 19, 14 CFR Part 39 (1) On page 60244, in the third column, in the paragraph that has the 2006, at 10 a.m., in the IRS Auditorium, Internal Revenue Service, 1111 [Docket No. FAA–2005–22697; Directorate Agency numbers, change ‘‘Docket No. Identifier 2004–SW–46–AD] FAA–2005–22696’’ to read ‘‘Docket No. Constitution Avenue, NW., Washington, FAA–2005–22697’’. DC. The subject of the public hearing is RIN 2120–AA64 (2) On page 60245, in the first under section 6330 of the Internal column, in the first paragraph under Revenue Code. The public comment Airworthiness Directives; Eurocopter Comments Invited, change ‘‘Docket No. period for these regulations expired on France Model EC155B and B1 FAA–2005–22696’’ to read ‘‘Docket No. December 29, 2005. Helicopters; Correction FAA–2005–22697’’. The notice of proposed rulemaking and notice of public hearing, instructed AGENCY: Federal Aviation (3) On page 60246, in the first those interested in testifying at the Administration, DOT. column, paragraph 2. of Part 39— Airworthiness Directives, change public hearing to submit a request to ACTION: Notice of proposed rulemaking speak and an outline of the topics to be (NPRM); correction. ‘‘Docket No. FAA–2005–22696’’ to read ‘‘Docket No. FAA–2005–22697’’. addressed. As of Tuesday, January 17, SUMMARY: This document corrects a 2006, no one has requested to speak. Issued in Fort Worth, Texas, on January 12, Therefore, the public hearing scheduled docket number in an NPRM that was 2006. for January 19, 2006 is cancelled. published in the Federal Register on David A. Downey, October 17, 2005 (70 FR 60244). The Manager, Rotorcraft Directorate, Aircraft Cynthia E. Grigsby, NPRM applies to Eurocopter France Certification Service. Acting Chief, Publications and Regulations Model EC155B and B1 helicopters. The [FR Doc. E6–623 Filed 1–19–06; 8:45 am] Branch, Legal Processing Division, Associate NPRM proposed to require inspecting BILLING CODE 4910–13–P Chief Counsel (Procedure and an electrical cable bundle for wear and, Administration). if necessary, installing an airworthy [FR Doc. 06–535 Filed 1–17–06; 2:11 pm] cable bundle and modifying the routing DEPARTMENT OF THE TREASURY BILLING CODE 4830–01–P of the electrical cable bundles. FOR FURTHER INFORMATION CONTACT: Internal Revenue Service Jorge Castillo, Aviation Safety Engineer, DEPARTMENT OF JUSTICE FAA, Rotorcraft Directorate, Regulations 26 CFR Part 301 and Policy Group, Fort Worth, Texas 28 CFR Part 61 [REG–150091–02] 76193–0111, telephone (817) 222–5127, [Docket No. USMS 101] fax (817) 222–5961. RIN 1545–BB97 SUPPLEMENTARY INFORMATION: On RIN 1105–AB13 Miscellaneous Changes to Collection October 7, 2005, the FAA issued an Due Process Procedures Relating to Supplement to Justice Department NPRM to amend 14 CFR part 39 to Notice and Opportunity for Hearing Procedures and Council on include an airworthiness directive (AD) Prior to Levy; Hearing Cancellation Environmental Quality Regulations To that would apply to Eurocopter France Ensure Compliance With the National Model EC155B and B1 helicopters. That AGENCY: Internal Revenue Service (IRS), Environmental Policy Act NPRM proposed to require inspecting Treasury. the wiring of panel 12 Alpha electrical ACTION: Cancellation of notice of public AGENCY: United States Marshals Service, (wiring) cable bundle for wear, and, if hearing on proposed rulemaking. Justice. necessary, replacing any worn cable ACTION: Notice of proposed rulemaking. bundle, modifying the routing of the SUMMARY: This document cancels a electrical wiring (MOD 0739C28), and public hearing on proposed regulations SUMMARY: This rule proposes to add replacing spreaders and spacers. relating to a taxpayer’s right to a hearing Appendix E to Part 61 of the As published, that NPRM contains an before or after levy under section 6330 Department of Justice’s regulations to incorrect docket number (FAA–2005– of the Internal Revenue Code of 1986. ensure better compliance with the 22696) throughout the preamble and the DATES: The public hearing originally National Environmental Policy Act of regulatory text. The correct docket scheduled for January 19, 2006, at 10 1969. The rule supplements existing number is FAA–2005–22697. a.m., is cancelled. Department procedures and regulations

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of the Council on Environmental existing USMS and other agencies’ consulted with the CEQ during the Quality and only pertains to internal analyses, documentation, and/or other development of this rule. procedures of the United States environmental reports. Regulatory Certifications Marshals Service. The USMS shall make every effort to DATES: Comments must be submitted on prevent and reduce delay. The USMS Executive Order 12866 or before March 21, 2006. will follow the procedures outlined in This regulation has been drafted and ADDRESSES: For matters relating to this the CEQ regulations including: (1) reviewed in accordance with Executive proposed rule, written comments may Integrating the NEPA process in the Order 12866, ‘‘Regulatory Planning and be submitted to Joseph Band, Office of early stages of planning to ensure that Review’’ § 1(b), Principles of Regulation. Chief Counsel, United States Marshals decisions reflect environmental values The Department of Justice has Service, Washington, DC 20002. and to head off potential conflicts and/ determined that this rule is not a Comments may also be submitted by fax or delays; (2) emphasizing interagency ‘‘significant regulatory action’’ under to (202) 307–9456. To ensure proper cooperation before the environmental Executive Order 12866, § 3(f), handling, ‘‘USMS Docket No. 101’’ analysis and documentation is prepared; Regulatory Planning and Review, and, should be referenced on any (3) ensuring the swift and fair resolution accordingly, this rule has been reviewed correspondence. An electronic version of any dispute by designating a lead by the Office of Management and of this proposed rule can be viewed at agency for any interagency projects; (4) Budget. This rule provides http://www.regulations.gov. Comments employing the scoping process to environmental benefits by ensuring the may also be submitted via e-mail to distinguish the significant issues USMS’ compliance with NEPA, which USMS at [email protected] or by requiring consideration in the NEPA aims to minimize the use of natural accessing the internet comment form analysis; (5) setting deadlines for the resources and improve planning to found at http://www.regulations.gov. NEPA process as appropriate for avoid excess pollution and Any electronic comments should individual proposed actions; (6) environmental degradation. Further, include ‘‘USMS Docket No. 101’’ in the initiating the NEPA analysis as early as this rule only affects USMS internal subject box. possible to coincide with the agency’s procedures. Whatever costs that may SUPPLEMENTARY INFORMATION: presentation of a proposal by another result from this rule should be party; and (7) using accelerated outweighed by the reduction in delay Need for This Rule procedures as described in the CEQ and excessive paperwork by improved This rule is needed so that the United regulations for legislative proposals. procedures. States Marshals Service (USMS) can Proposed Implementation of Charges Executive Order 13132 more fully comply with the National This regulation only affects the Environmental Policy Act of 1969 Through this proposed rule, the internal procedures of the USMS and, (NEPA). Under NEPA, Federal agencies USMS is revising its guidance, accordingly, will not have substantial are required to implement internal establishing policy, and assigning responsibilities for implementing the direct effects on the States, on the procedures to ensure proper relationship between the national environmental consideration of requirements of Section 102(2) of NEPA (42 U.S.C. 4321, et seq.), Executive government and the States, or on proposed USMS actions. The distribution of power and procedures, proposed by this rule, will Order 11514 of March 5, 1970, title ‘‘Protection and Enhancement of responsibilities among the various promote the protection of the levels of government. Therefore, in environment by minimizing the use of Environmental Quality,’’ and regulations of the CEQ (40 CFR parts accordance with Executive Order 13132, natural resources and by improving it is determined that this rule does not planning and decision-making processes 1500–1508). This rule is intended to (1) Enhance have sufficient federalism implications to avoid excess pollution and to warrant the preparation of a environmental degradation. the USMS’ ability to comply with NEPA, related legal authorities, and Federalism Assessment. Overview of the Standards That This Executive Orders; (2) allow non- Executive Order 12988 Rule Proposes significant program actions to be exempt This regulation meets the applicable from the requirement to prepare and EA In complying with and implementing standards set forth in sections 3(a) and or EIS; (3) focus NEPA analysis upon NEPA, the USMS shall make efforts to 3(b)(2) of Executive Order 12988. produce clear and concise NEPA major federal actions significantly documents and increase administrative affecting the quality of the environment; Regulatory Flexibility Act efficiency. (4) ensure public involvement in The Director of the USMS, in All NEPA documents, specifically decision-making regarding accordance with the Regulatory Environmental Assessments (EAs) and environmental impact on local Flexibility Act (5 U.S.C. 605(b)), has Environmental Impact Statements communities; and (5) reflect changes in reviewed this regulation and, by (EISs), shall be analytical, clear, and the current USMS organizational approving it, certifies that it will not concise. The documents shall focus on structure. Development of these revised have a significant economic impact on significant issues and shall be presented regulations has been orchestrated by a substantial number of small entities in plain language and in the standard USMS headquarters and district office because this regulation only affects the format outlined in Appendix E. In order personnel who represent the USMS’ internal procedures of the USMS. to reduce paperwork, EISs shall be collective technical and managerial limited to approximately 150 pages, or expertise in environmental quality and Unfunded Mandates Reform Act of 1995 in unusually complex matters, 300 NEPA compliance. In addition to This rule will not result in the pages. To avoid duplicative work, NEPA revising Part 61 by adding Appendix E, expenditure of $100,000,000 or more in documents shall, whenever possible, be the USMS will provide guidance any one year by state, local, and tribal prepared jointly with State and local materials to district offices. governments, in the aggregate, or by the governments and shall adopt, These proposed changes affect USMS private sector, nor will it significantly or incorporate by reference, or combine internal procedures only. The USMS uniquely affect small governments.

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Therefore, no actions were deemed PART 61—PROCEDURES FOR (5) Include a brief summary; necessary under the provisions of the IMPLEMENTING THE NATIONAL (6) Emphasize the more useful Unfunded Mandates Reform Act of ENVIRONMENTAL POLICY ACT sections of the document, such as the 1995. discussions of alternatives and their 1. The authority citation for part 61 environmental consequences, while Small Business Regulatory Enforcement continues to read as follows: minimizing the discussion of less useful Fairness Act of 1996 Authority: 28 U.S.C. 509; 5 U.S.C. 301; background information; Executive Order 11911. This rule is not a major rule as (7) Scrutinize existing NEPA defined by § 804 of the Small Business 2. Appendix E to part 61 is added to documentation for relevant analyses of Regulatory Enforcement Fairness Act of read as follows: programs, policies, or other proposals 1996. This rule will not result in an that guide future action to eliminate Appendix E to Part 61—United States repetition; annual effect on the economy of Marshals Service Procedures Relating $100,000,000 or more, a major increase (8) Where appropriate, incorporate to the Implementation of the National material by reference, with citations and in costs or prices, significant adverse Environmental Policy Act effects on competition, employment, brief descriptions, to avoid excessive investment, productivity, innovation, or 1. Authority. These procedures are length; and (9) Integrate NEPA requirements with on the ability of the United States-based issued pursuant to the National other environmental review and companies to compete with foreign- Environmental Policy Act of 1969 consultation requirements mandated by based companies in domestic and (NEPA), 42 U.S.C. 4321, et seq., law, Executive Order, or Department of export markets. regulations of the Council on Environmental Quality (CEQ), 40 CFR Justice or USMS policy. When preparing Environmental Impact part 1500, et seq., regulations of the an EA or EIS, the USMS shall require Department of Justice (DOJ), 28 CFR part comments to be as specific as possible This proposed rule supplements CEQ 61, et seq., the Environmental Quality and when circulating a document where regulations and provides guidance to Improvement Act of 1970, as amended, only minor changes have been made, USMS employees regarding procedural 42 U.S.C. 4371, et seq., Section 309 of only the changes to the draft should be requirements for NEPA analysis and the Clean Air Act, as amended, 42 attached, rather than the entire documentation activities. In accordance U.S.C. 7609, and Executive Order statement. with NEPA, the rule implements 11514, ‘‘Protection and Enhancement of (c) To ensure compliance with NEPA, procedures that establish specific Environmental Quality,’’ March 5, 1970, the USMS shall make efforts to prevent criteria for, and identification of, three as amended by Executive Order 11991, and reduce delay. The USMS will classes of actions: Those that require May 24, 1977. follow the procedures outlined in the preparation of an environmental impact 2. Purpose. These provisions CEQ regulations including: statement; those that require preparation supplement existing DOJ and CEQ (1) Integrating the NEPA process in of an environmental assessment; and regulations and outline internal USMS the early stages of planning to ensure those that are categorically excluded procedures to ensure compliance with that decisions reflect environmental from further NEPA review (40 CFR NEPA. The USMS, through these values and to head off potential 1507.3(b)). However, these procedures provisions, shall promote the conflicts and/or delays; only provide internal guidance to assist environment by minimizing the use of (2) Emphasizing interagency USMS employees and do not serve to natural resources and by improving cooperation before the environmental make the final determination of what planning and decision-making processes analysis and documentation is prepared; level of NEPA analysis is required for to avoid excess pollution and (3) Ensuring the swift and fair any particular proposed action. The environmental degradation. resolution of any dispute over the CEQ does not require agencies to (a) The USMS’s Environmental designation of lead agency; prepare a NEPA analysis or document Assessments (EAs) and Environmental (4) Employing the scoping process to before establishing such procedures. See Impact Statements (EISs) shall be as distinguish the significant issues Heartwood, Inc. v. U.S. Forest Service, concise as possible and EISs should be requiring consideration in the NEPA 73 F. Supp. 2d 962, 972–73 (S.D. Ill. limited to approximately 150 pages in analysis; 1999), aff’d, 230 F.3d 947, 954–55 (7th normal circumstances or 300 pages for (5) Setting deadlines NEPA process as Cir. 2000) (holding that establishing proposals of unusual scope or appropriate for individual proposed categorical exclusions does not require complexity. The USMS shall, whenever actions; NEPA analysis and documentation). The possible, jointly prepare documents (6) Initiating the NEPA analysis as requirements for establishing agency with state and local governments and, early as possible to coincide with the NEPA procedures are set forth at 40 CFR when appropriate, avoid duplicative agency’s presentation of a proposal by 1505.1 and 1507.3. The USMS has work by adopting, or incorporating by another party; and consulted with the CEQ during the reference, existing USMS and other (7) Using accelerated procedures, as development of these categorical agencies’ analyses and documentation. described in the CEQ regulations for exclusions and is providing an (b) In developing an EA or EIS, the legislative proposals. opportunity for public review. USMS shall comply with CEQ 3. Agency Description. The USMS is a federal law enforcement agency. The List of Subjects in 28 CFR Part 61 regulations, observing that EAs and EISs should: agency performs numerous law Environmental protection, (1) Be analytic, rather than enforcement activities including judicial Environmental impact statement. encyclopedic; security, warrant investigations, witness (2) Be written in plain language; protection, custody of individuals Accordingly, for the reasons set forth (3) Follow a clear, standard format in arrested by federal agencies, prisoner in the preamble, part 61 of chapter I of accordance with CEQ regulations; transportation, management of seized Title 28 of the Code of Federal (4) Follow a scoping process to assets, and other law enforcement Regulations is proposed to be amended distinguish the significant issues from missions. to read as follows: the insignificant issues; 4. Typical Classes of USMS Actions.

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(a) The general types of proposed project involving actions by other (1) USMS actions that are likely to actions and projects that the USMS Federal agencies. Federal control and have a significant environmental impact undertakes are as follows: responsibility determines whether the on the human environment; or (1) Operational concepts and total Federal involvement of the USMS (2) Construction of a major facility on programs, including logistics and other Federal agencies is sufficient a previously undisturbed site. procurement, personnel assignment, to grant legal control over additional 6. Environmental Assessment (EA). real property and facility management, portions of the project. NEPA review (a) An EA is a concise public and environmental programs. would be extended to an entire project document that is prepared for actions (2) Transfers or disposal of equipment when the environmental consequences that do not normally require preparation or property. of the additional portions of the project of an EIS, but do not meet the (3) Leases or entitlement for use, to are essentially products of Federal requirements of a Categorical Exclusion include donation or exchange. financing, assistance, direction, (CE). An EA serves to briefly provide (4) Federal contracts, actions, or regulation, or approval. The USMS shall sufficient evidence and analysis for agreements for detentions services. A contact the other Federal agencies determining whether to prepare an EIS detention facility may be a facility (A) involved in the action to determine their or Finding of No Significant Impact owned and/or operated by a contractor respective roles (i.e., as lead and (FONSI), aid in complying with NEPA or (B) owned and/or operated by a state cooperating agencies). when an EIS is not necessary, and or local government. facilitate preparation of an EIS when (5) Once the scope of analysis has (5) General law enforcement activities one is required. The EA results in either been defined, the NEPA analysis for an that are exempt from NEPA analysis a determination that a proposed action action should include direct, indirect, under CEQ regulation CFR 1508.18, that may have a significant impact on the and cumulative impacts on all Federal involve bringing judicial, human environment and, therefore, interests within the purview of NEPA. administrative, civil, or criminal requires further study in an EIS, or the The USMS can, whenever practicable, enforcement actions. issuance of a FONSI. The contents of an incorporate by reference and rely upon (b) Scope of Analysis EA are described at 40 CFR 1508. (1) Some USMS projects, contracts, the environmental analyses and reviews (b) A FONSI will include the EA or a and agreements may propose a USMS of other Federal, tribal, state, and local summary of the EA. The FONSI will be action that is one component of a larger agencies. prepared and made available to the project involving a private action or an 5. Environmental Impact Statement public through means, as described in action by a local or state government. (EIS). paragraph 9 of this Appendix, including The USMS NEPA analysis and (a) An EIS is a document required of publication in local newspapers and in document (e.g., the EA or EIS) should Federal agencies for proposals the Federal Register for matters of address the impacts of the specific significantly affecting the quality of the national concern. The FONSI will be USMS activity and those portions of the human environment that describes the available for review and comment for 30 entire project over which the USMS has positive and negative effects of the days prior to signature and the initiation sufficient control and responsibility to proposed action and any reasonable of the action unless special warrant federal review. alternatives. A Notice of Intent (NOI) circumstances warrant reducing the (2) The USMS has control and will be published in the Federal public comment period to 15 days. responsibility for portions of a project Register as soon as practicable after a Implementing the action can proceed beyond the limits of USMS jurisdiction decision to prepare an EIS is made and after consideration of public comments where the environmental consequences before the scoping process is initiated. and the decision-maker signs the of the larger project are essentially An EIS shall describe how alternatives FONSI. products of USMS specific action, considered in it, and the decisions (c) Actions that normally require turning an otherwise non-federal project based on it, will or will not achieve the preparation of an EA include: into a federal action. goals of NEPA to prevent damage to the (1) Proposals to conduct an expansion (3) Sufficient control and environment and promote human of an existing facility; responsibility for a facility is a site- health. Additionally, an EIS shall (2) Awarding a contracting or entering specific determination based on the describe how the USMS will comply into an agreement for new construction extent to which an entire project will be with relevant environmental laws and at a previously developed site or an within the agency’s jurisdiction and on policies. The format and content of an expansion of an existing facility; or other factors that determine the extent EIS are set out at 40 CFR part 1502. The (3) Projects or other proposed actions of Federal control and responsibility. As USMS may prepare an EIS without prior that are activities described in an example, for construction of a preparation of an EA. categorical exclusions, but do not facility, other factors would include, but qualify for a categorical exclusion not be limited to, the length of the (b) A Record of Decision (ROD) will because they involve extraordinary contract for construction or use of the be prepared at the time a decision is circumstances. facility, the extent of government made regarding a proposed that is 7. Categorical Exclusions (CE). control and funding in the construction analyzed and documented in an EIS. (a) CEs are certain categories of or use of the facility, whether the The ROD will state the decision, discuss activities determined not to have facility is being built solely for Federal the alternatives considered, and state individual or cumulative significant requirements, the extent to which the whether all alternative practicable effects on the human environment and, costs of construction or use will be paid means to avoid or minimize absent extraordinary circumstances, are with federal funds, the extent to which environmental harms have been excluded from preparation of an EA or the facility will be used for non-federal adopted, or if not, whey they were not. EIS under NEPA. Using CEs for such purposes, and whether the project Where applicable, the ROD will also activities reduces unnecessary would proceed without USMS action. describe and adopt a monitoring and paperwork and delay. Such activities (4) Some USMS projects, contracts, enforcement program for any mitigation. are not excluded from compliance with and agreements may propose a USMS (c) Actions that normally require other applicable local, state, or federal action that is one component of a larger preparing an EIS include: environmental laws.

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(b) Extraordinary circumstances must impacts resulting from height and (1) Advising the Director or other be considered before relying upon a CE lighting changes. USMS decision maker on USMS NEPA to determine whether the proposed (4) Federal contracts or agreements for procedures and compliance. action may have a significant detentions services, including actions (2) Supervising the Environmental environmental effect. Any of the such as procuring guards for detention Coordinator. following circumstances preclude the services or leasing bed space (which (3) Acting as NEPA liaison to CEQ for use of a CE: may include operational costs) from an the Director and other USMS decision (1) The project may have effects on existing facility operated by a state or a makers on important decisions outside the quality of the environment that are local government or a private the authority of the Environmental likely to be highly controversial; correctional corporation. Coordinator. (2) The scope or size of the project is (5) General administrative activities (4) Consulting with CEQ regarding greater than normally experienced for a that involve a limited commitment of alternative NEPA procedures requiring particular action described in resources. Examples of such include: the preparation of an EIS in emergency subsection (c) below; personnel actions or policy related to situations. (3) There is potential for degradation, personnel issues, organizational (5) Consulting with CEQ and officials even if slight, of already-existing poor changes, procurement of office supplies of other federal agencies to settle agency environmental conditions; and systems, and commitment or disputes over the NEPA process, (4) A degrading influence, activity, or reallocation of funds for previously including designating lead and effect is initiated in an area not already reviewed and approved programs or cooperating agencies. significantly modified from its natural activities. (c) The USMS Environmental condition; (6) Change in contractor or federal Coordinator will act as the agency’s (5) There is a potential for adverse operators at an existing contractor- NEPA contact, and will be responsible effects on areas of critical environmental operated correctional or detention for: concern or other protected resources facility. (1) Ensuring that adequate EAs and including, but not limited to, threatened (7) Transferring, leasing, maintaining, EISs are prepared at the earliest possible or endangered species or their habitats, acquiring, or disposing of interests in time; ensuring that decisions are made significant archaeological materials, land where there is no change in the in accordance with the general policies prime or unique agricultural lands, current scope and intensity of land use, and purposes of NEPA; verifying wetlands, coastal zones, sole source including management and disposal of information provided by applicants; aquifers, 100-year-old flood plains, seized assets pursuant to federal laws. evaluating environmental effects; places listed, proposed, or eligible for (8) Transferring, leasing, maintaining, assuring that, when appropriate, EAs listing on the National Register of acquiring, or disposing of equipment, and EISs contain documentation from Historic Places, natural landmarks personal property, or vessels that do not independent parties with expertise in listed, proposed, or eligible for listing increase the current scope and intensity particular environmental matters; and on the National Registry of Natural of USMS activities, including taking responsibility for the scope and Landmarks, Wilderness Areas or management and disposal of seized content of EAs prepared by applicants. wilderness study areas, or Wild and assets pursuant to Federal forfeiture The Environmental Coordinator shall Scenic River areas; or laws. return EAs and EISs that are found to be (6) Possible significant direct, (9) Routine procurement of goods and inadequate. indirect, or cumulative environmental services to support operations and (2) Ensuring that the USMS conducts impacts exist. infrastructure that are conducted in an independent evaluation, and where (c) Actions that normally qualify for a accordance with Department of Justice appropriate, prepares a FONSI, a NOI, CE include: energy efficiency policies and and/or a ROD. (1) Minor renovations or repairs applicable Executive Orders, such as (3) Coordinating the efforts for within an existing facility, unless the E.O. 13148. preparation of an EIS consistent with project would adversely impact a (10) Routine transportation of the requirements of the CEQ regulations structure listed in the National Register prisoners or detainees between facilities at 40 CFR part 1502. of Historic Places or is eligible for listing and flying activities in compliance with (4) Cooperating and coordinating in the register. Federal Aviation Administration planning efforts with other federal (2) Facility expansion or construction Regulations. This only applies where agencies. of a limited addition to an existing the activity is in accordance with (5) Providing for agency training on structure or facility and new normal flight patterns and elevations for environmental matters. construction or reconstruction of a small the facility and where the flight (d) The agency shall ensure facility on a previously developed site. patterns/elevations have been addressed compliance with NEPA for cases where The exclusion applies only if: in an installation master plan or other actions are planned by private (i) The structure and proposed use planning document that has been the applicants or other non-federal entities comply with local planning and zoning subject of a NEPA review. before federal involvement. The USMS, and any applicable state or federal (11) Lease extensions, renewals, or through the Environmental Coordinator, requirements; and succeeding leases where there is no shall: (ii) The site and the scale of change in the intensity of the facility’s (1) identify types of actions initiated construction are consistent with those of use. by private parties, state and local existing adjacent or nearby buildings. 8. Responsibilities. agencies and other non-federal entities (3) Security upgrades of existing (a) The Director of the USMS, in for which agency involvement is facility grounds and perimeter fences. conjunction with the Senior reasonably foreseeable; This exclusion does not include such Environmental Advisor, possesses (2) Provide (A) full public notice that upgrades as adding lethal fences or ultimate authority over the NEPA agency advice on such matters is major increases in height or lighting of process. available, (B) detailed written a perimeter fence in a residential area or (b) The Senior Environmental publications containing that advice, and other area sensitive to the visual Advisor’s duties include: (C) early consultation in cases where

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agency involvement is reasonably (8) Where emergency circumstances 10. Scoping. Prior to starting the foresseeable; and require taking action that will result in NEPA analysis, USMS personnel (3) Consult early with appropriate a significant environmental impact, responsible for preparing either an EA Indian tribes, state and local agencies, contact CEQ via the USMS Senior or EIS shall engage in an early scoping and interested private persons and Environmental Advisor for consultation process to identify the significant issues organizations on those projects in which on alternative arrangements. Alternative to be examined in depth, and to identify USMS involvement is reasonably arrangements will be limited to those and eliminate from detailed study those foreseeable. necessary to control the immediate issues which are not significant or (e) To assist in ensuring that all impacts of the emergency. which have been adequately addressed federal agencies’ decisions are made in 9. Public Involvement. by prior environmental review. The accordance with the general policies (a) In accordance with NEPA and CEQ scoping process should identify any and purposes of NEPA, the USMS, regulations and to ensure public other environmental analyses being through the Environmental Coordinator, involvement in decision-making conducted relevant to the proposed shall: regarding environmental impact on action, address timing and set time (1) Comment within the specified local communities, the USMS shall also limits with respect to the NEPA process, time period on other federal agencies’ engage in the following procedures set page limits, designate respective EISs, where the USMS has jurisdiction during its NEPA process: responsibilities among the lead and by law regarding a project, and make (1) When preparing an EA, EIS, or cooperating agencies, identify any other such comments as specific as possible FONSI, USMS personnel in charge of environmental review and consultation with regard to adequacy of the preparing the document will invite requirements to allow for integration document, the merits of the alternatives, comment from affected federal, tribal, with the NEPA analysis, and hold an or both. state, local agencies, and other early scoping meeting which may be (2) Where the USMS is the lead interested persons, as early as the integrated with other initial planning agency on a project, coordinate with scoping process. meetings. other federal agencies and supervise the (2) The USMS will disseminate development of and retain information to potentially interested or 11. Mitigation and Monitoring. USMS responsibility for the EIS. affected parties, such as local personnel, who are responsible for (3) Where the USMS is a cooperating communities and Indian tribes, through preparing NEPA analyses and agency on a project, cooperate with any such means as news releases to various documents, will consider mitigation other federal agency acting as lead local media, announcements to local measures to avoid or minimize agency through information-sharing and citizens groups, public hearings, and environmental harm. EAs and EISs will staff support. posting signs near the affected area. consider reasonable mitigation measures (4) Independently evaluate, provide (3) The USMS will mail notice to relevant to the proposed action and guidance on, and take responsibility for those individuals or groups who have alternatives. Paragraph 5(b) of this scope and contents of NEPA analyses requested one on a specific action or Appendix describes the requirements performed by contractors or applicants similar actions. for documenting mitigation measures in used by USMS. When the USMS is the (4) For matters of national concern, a ROD. lead agency, USMS will choose the the USMS will publish notification in 12. Supplementing an EA or EIS. contractor to prepare and EIS, require the Federal Register and will send When substantial changes are made to a the contractor to execute a disclosure notification by mail to national proposed action that are relevant to statement stating that the contractor has organizations reasonably expected to be environmental concerns, a supplement no financial or other interest in the interested. will be prepared for an EA or a draft or outcome of the project, and participate (5) If a decision is made to develop an final EIS. A supplement will also be in the preparation of the EIS by EIS, the USMS will publish a NOI in the prepared when significant new providing guidance and an independent Federal Register as soon as possible. circumstances arise or new relevant evaluation prior to approval. (6) The personnel in charge of information surfaces concerning and (5) Consider alternatives to a preparing the NEPA analysis and bearing upon the proposed action or its proposed action where it involves documentation will invite public impacts. Any necessary supplement unresolved conflicts concerning comment and maintain two-way shall be processed in the same way as available resources. The USMS shall communication channels throughout an original EA or EIS, with the make available to the public, prior to a the NEPA process, provide explanations exception that new scoping is not final decision, any NEPA documents of where interested parties can obtain required. Any supplement shall be and additional decision documents or information on status reports of the added to the formal administrative parts thereof addressing alternatives. NEPA process and other relevant record, if such record exists. (6) Conduct appropriate NEPA documents, and keep public affairs procedures for the proposed action as officers at all levels informed. 13. Compliance with Other early as possible for consideration by (7) The USMS will establish a Web Environmental Statutes. the appropriate decision-maker, and site to keep the public informed. To the extent practicable, a NEPA ensure that all relevant environmental (8) During the NEPA process, document shall include information documents, comments, and responses responsible personnel will consult with necessary to assure compliance with all accompany the proposal through the local government and tribal officials, applicable environmental statutes. agency review process for the final leaders of citizen groups, and members Dated: January 6, 2006. decision. of identifiable population segments (7) Include as part of the within the potentially affected John F. Clark, administrative record relevant environment, such as farmers and Acting Director, United States Marshals environmental documents, comments, ranchers, homeowners, small business Service. and responses in formal rulemaking or owners, minority and disadvantaged [FR Doc. 06–517 Filed 1–19–06; 8:45 am] adjudicatory proceedings. communities, and tribal members. BILLING CODE 4410–04–M

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DEPARTMENT OF DEFENSE define the longline fishing prohibited seabird deterrent measures in the area in waters of the U.S. Exclusive Hawaii-based longline fishery, Office of the Secretary Economic Zone (EEZ) around Guam. nearshore longline area closures around This action is necessary to correct an the islands of American Samoa, and 32 CFR Part 153 error in one of the published more comprehensive pelagic fisheries [0790–AH73] coordinates. The intended effect of this monitoring through permit and logbook action is to accurately implement the requirements for troll and handline Criminal Jurisdiction Over Civilians Guam longline closed area. fisheries in the U.S. EEZ around Pacific Employed by or Accompanying the DATES: Comments on the proposed rule remote island areas. Armed Forces Outside the United must be received by February 21, 2006. This proposed rule does not contain States, Service Members, and Former ADDRESSES: You may submit comments any new, nor does it revise any existing, Service Members on this proposed rule, identified by I.D. reporting, recordkeeping, or other compliance requirements. This AGENCY: Department of Defense. 010506C by any of the following methods: proposed rule does not duplicate or ACTION: Proposed rule; withdrawal. • E-mail: [email protected]. overlap or conflict with other Federal SUMMARY: On December 22, 2005, The Include in the subject line of the e-mail rules. Department of Defense published comment the following document The Chief Counsel for Regulation of another proposed rule in error. The rule identifier: ‘‘Guam longline correction.’’ the Department of Commerce certified should have been published as a final Comments sent via e-mail, including all to the Chief Counsel for Advocacy of the rule. This document withdraws that attachments, must not exceed a 10 Small Business Administration that this rule. megabyte file size. proposed rule, if adopted, would not • Federal e-Rulemaking portal: http:// have a significant economic impact on DATES: Effective Date: The proposed rule www.regulations.gov. Follow the a substantial number of small entities as published at 70 FR 75998 is withdrawn, instructions for submitting comments. follows. effective December 22, 2005. • Fax: 808–973–2941. FOR FURTHER INFORMATION CONTACT: L.M. • Mail: William L. Robinson, The objective of the proposed action is an Bynum, 703–696–4970. administrative correction of an error in the Administrator,NMFS, Pacific Islands published geographic coordinates for one of SUPPLEMENTARY INFORMATION: The Region (PIR), 1601 Kapiolani Boulevard, the points that defines the longline closed proposed rule for public comments was Suite 1110, Honolulu, HI 96814. area around Guam. The legal authority for previously published on February 2, FOR FURTHER INFORMATION CONTACT: this action is the Magnuson-Stevens Fishery 2004 (69 FR 4890). Comments received Robert Harman, Pacific Islands Region, Conservation and Management Act (16 U.S.C. were considered. NMFS, 808 944–2271. 1801 et seq.), which established authority for regulation of U.S. fisheries in the EEZ to List of Subjects in 32 CFR Part 153 SUPPLEMENTARY INFORMATION: Portions prevent overfishing and achieve optimum of the EEZ around Guam are closed to Courts, Intergovernmental relations, yield from those fisheries. There are pelagic longline fishing to prevent Military personnel. currently no vessels participating in the conflicts with users of other types of pelagic longline fishery around Guam, so Dated: January 13, 2006. fishing gear. In 1992, NMFS published there are no vessels that would be directly L.M. Bynum, in the Federal Register a final rule that affected by this proposed rule. No small Alternate OSD Federal Register Liaison created a 50–nm longline closed area entities are placed in competitive Officer, DoD. around Guam (57 FR 45989, October 6, disadvantage to larger entities. Because there are no current participants in the fishery, [FR Doc. 06–527 Filed 1–19–06; 8:45 am] 1992); the regulations that were there will be no significant reductions in BILLING CODE 5001–06–M implemented by that final rule profitability for a substantial number of small contained an error in the geographic entities in any user groups, and there will be coordinates for one of the points that no disproportionate impacts between gear DEPARTMENT OF COMMERCE define the closed area. NMFS published types, vessels, or port of landing. a technical amendment (59 FR 46933, As a result, an initial regulatory National Oceanic and Atmospheric September 13, 1994) that corrected flexibility analysis is not required and Administration those coordinates. NMFS subsequently none has been prepared. published a rule that consolidated This proposed rule has been 50 CFR Part 660 several sections of the Code of Federal determined to be not significant for [Docket No. 051202322–5322–01; I.D. Regulations (CFR) under 50 CFR 660 (61 purposes of Executive Order 12866. 010506C] FR 34570, July 2, 1996). In that rule, the geographic coordinates for the same List of Subjects in 50 CFR Part 660 RIN 0648–AU11 point (Point ‘‘C’’) were inadvertently Administrative practice and published with an error in 50 CFR Fisheries Off West Coast States and in procedure, American Samoa, Fisheries, 660.26(d). This proposed rule corrects the Western Pacific; Western Pacific Fishing, Guam, Hawaiian Natives, the coordinates. Pelagic Fisheries; Guam Longline Indians, Northern Mariana Islands, Fishing Prohibited Area Classification Reporting and recordkeeping requirements. AGENCY: National Marine Fisheries NMFS prepared a Final Service (NMFS), National Oceanic and Environmental Impact Statement (EIS) Dated: January 13, 2006. Atmospheric Administration (NOAA), and a supplemental EIS in 2001 and James W. Balsiger, Commerce. 2005, respectively. The EIS and Acting Deputy Assistant Administrator for Regulatory Programs, National Marine ACTION: Proposed rule; request for supplement discuss the potential Fisheries Service. comments. impacts on the environment as a result of pelagic longline fishing, and For the reasons set out in the SUMMARY: This proposed rule would incorporate sea turtle conservation preamble, 50 CFR part 660 is proposed amend the geographic coordinates that measures, protected species workshops, to be correctly amended as follows:

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PART 660—FISHERIES OFF WEST § 660.26 Longline fishing prohibited area [FR Doc. E6–650 Filed 1–19–06; 8:45 am] COAST STATES AND IN THE management. BILLING CODE 3510–22–S WESTERN PACIFIC * * * * * (d) * * * 1. The authority citation for part 660 continues to read as follows: Point N. lat. E. long. Authority: 16 U.S.C. 1801 et seq.

2. In § 660.26, revise the entry for ***** Point C in the table in paragraph (d) to C ...... 13°41′ 143°33′33″ read as follows: *****

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Notices Federal Register Vol. 71, No. 13

Friday, January 20, 2006

This section of the FEDERAL REGISTER displays a currently valid OMB control DEPARTMENT OF AGRICULTURE contains documents other than rules or number. proposed rules that are applicable to the Forest Service public. Notices of hearings and investigations, Food and Nutrition Service committee meetings, agency decisions and Title: Civil Rights Title VI—Collection Olympic Provincial Advisory rulings, delegations of authority, filing of Committee; Notice of Meeting petitions and applications and agency Reports—FNS–191 and FNS–101. statements of organization and functions are OMB Control Number: 0584–0025. AGENCY: Forest Service, USDA. Summary of Collection: Title VI of the examples of documents appearing in this ACTION: Notice of meeting. section. Civil Rights Act of 1964 prohibits discrimination on the basis of race, SUMMARY: The Olympic Province color, and national origin in programs Advisory Committee (OPAC) will meet DEPARTMENT OF AGRICULTURE receiving Federal financial assistance. on Friday, February 10, 2006. The Title 28 of the Code of Federal meeting will be held at the Olympic Submission for OMB Review; Regulations (CFR), § 42.106(b), require National Forest Headquarters office, Comment Request all Federal Departments to provide for 1835 Black Lake Blvd., SW., Olympia, January 13, 2006. the collection of racial/ethnic data and Washington. The meeting will begin at The Department of Agriculture has information from applicants for and 9:30 a.m., and end at approximately 3 submitted the following information recipients of Federal assistance p.m. collection requirement(s) to OMB for sufficient to permit effective The OPAC provides advice to review and clearance under the enforcement of Title VI. In order to facilitate successful implementation of Paperwork Reduction Act of 1995, Pub. comply with the Civil Rights Act, the Northwest Forest Plan and better L. 104–13. Comments regarding: (a) Department of Justice regulations and integrate forest management activities Whether the collection of information is the Department’s nondiscrimination between Federal and non-Federal necessary for the proper performance of policy and regulations (7 CFR Part 15), entities. Agenda topics are: 10 Year the functions of the agency, including the Department’s Food and Nutrition Report on the Northwest Forest Plan; whether the information will have Service (FNS) requires State agencies to 2005 Olympic National Forest practical utility; (b) the accuracy of the submit data on the racial/ethnic Implementation Monitoring; agency’s estimate of burden including categories of person receiving benefits Stewardship Contracting Update; Fisher the validity of the methodology and from FNS food assistance programs. Reintroduction; Open Forum; and assumptions used; (c) ways to enhance FNS will collect information using Public Comments. the quality, utility and clarity of the forms FNS 191 and FNS 101. All Olympic Province Advisory information to be collected; (d) ways to Need and Use of the Information: FNS Committee meetings are open to the minimize the burden of the collection of will collect the names, address, public. A public comment period will information on those who are to telephone number, and number of be at 2:45 p.m., interested citizens are respond, including through the use of clinics to compile a local agency encouraged to attend. appropriate automated, electronic, directory which serves as the primary FOR FURTHER INFORMATION CONTACT: Karl mechanical, or other technological source of data on number and location Denison, Olympic National Forest collection techniques or other forms of for local agencies and number of clinics Headquarters, 1835 Black Lake Blvd., information technology should be operating Commodity Supplemental SW., Olympia, WA 98512–5623, (360) addressed to: Desk Officer for Food Program (CSFP). FNS will also 956–2306. Agriculture, Office of Information and collect information on the number of Regulatory Affairs, Office of CFSP individuals (women, infant, Dated: January 12, 2006. Management and Budget (OMB), children, and elderly) in each racial/ Dale Hom, [email protected] or ethnic category for one month of the Forest Supervisor. fax (202) 395–5806 and to Departmental year. The information will be used in [FR Doc. 06–506 Filed 1–19–06; 8:45 am] Clearance Office, USDA, OCIO, Mail the Department’s annual USDA Equal BILLING CODE 3410–11–M Stop 7602, Washington, DC 20250– Opportunity Report. If the information 7602. Comments regarding these is not collected FNS could not track information collections are best assured racial/ethnic data for program DEPARTMENT OF AGRICULTURE of having their full effect if received evaluation. Forest Service within 30 days of this notification. Description of Respondents: State, Copies of the submission(s) may be local or tribal government. Notice of New Fee Site; Federal Lands obtained by calling (202) 720–8958. Number of Respondents: 2,870. Recreation Enhancement Act, (Title An agency may not conduct or Frequency of Responses: VIII, Pub. L. 108–447) sponsor a collection of information Recordkeeping; Reporting: Annually. unless the collection of information Total Burden Hours: 6,422. AGENCY: Flathead National Forest, displays a currently valid OMB control USDA Forest Service. Ruth Brown, number and the agency informs ACTION: Notice of New Fee Site. potential persons who are to respond to Departmental Information Collection the collection of information that such Clearance Officer. SUMMARY: The Flathead National Forest persons are not required to respond to [FR Doc. E6–587 Filed 1–19–06; 8:45 am] proposes to begin charging fees ranging the collection of information unless it BILLING CODE 3410–30–P between $65–$135 for the overnight

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rental of Wurtz Cabin and a $200–$300 DEPARTMENT OF AGRICULTURE are nonprofit organizations, States, State fee for group use of Wurtz Cabin. agencies, and units of general local Rentals of other cabins on the Flathead Rural Housing Service government. The information required National Forest have shown that publics for approval of housing application Notice of Request for Extension of a appreciate and enjoy the availability of packaging grants is used by RHS Currently Approved Information historic rental cabins. Funds from the personnel to verify program eligibility Collection rental will be used for the continued requirements. The information is operation and maintenance of Wurtz AGENCY: Rural Housing Service, USDA. collected at the RHS field office Cabin. ACTION: Proposed collection; comment responsible for the processing of the request. application being submitted. The DATES: Wurtz Cabin will become information is also used to ensure the available for rent June, 2006. Comments, SUMMARY: In accordance with the program is administered in a manner concerns or questions about this new fee Paperwork Reduction Act of 1995, this consistent with legislative and must be submitted by February 21, notice announces the Rural Housing administrative requirements. If not 2006. Service’s (RHS) intention to request an collected, RHS would be unable to extension for a currently approved determine if a grantee would qualify for ADDRESSES: Submit comments, concerns information collection in support of grant assistance. or questions about the new fee Housing Application Packaging Grants. The grantees facilitate the application associated with the Wurtz Cabin rental DATES: Comments on this notice must be process by helping applicants submit to: Forest Supervisor, Flathead National received by March 21, 2006 to be complete applications to RHS. This Forest, 1935 3rd Avenue East, Kalispell, assured of consideration. saves RHS time by prescreening applicants, making preliminary MT 59901. FOR FURTHER INFORMATION CONTACT: determinations of eligibility, ensuring FOR FURTHER INFORMATION CONTACT: Gloria L. Denson, Loan Specialist, Single Family Housing Direct Loan that the application is complete, and Paula K. Peterson, Resource Assistant, helping the applicant understand the 406–387–3818. Division, RHS, U.S. Department of Agriculture, STOP 0783, South program. Estimate of Burden: Public reporting SUPPLEMENTARY INFORMATION: The Building, Washington, DC 20250, burden for this collection of information Federal Recreation Lands Enhancement Telephone 202–720–1474. (This is not a is estimated to average 1.12 hours per Act (Title VII, Pub. L. 108–447) directed toll free number.) response. the Secretary of Agriculture to publish SUPPLEMENTARY INFORMATION: Respondents: Private and public a six-month advance notice in the Title: Housing Application Packaging nonprofit organizations and State and Federal Register whenever new Grants. local governments. recreation fee areas are established. OMB Number: 0575–0157. Estimated Number of Respondents: Expiration Date of Approval: May 31, The intent of this notice is to give 300. 2006. publics an opportunity to comment if Estimated Number of Responses per Type of Request: Extension of a Respondent: 1. they have concerns or questions about currently approved information new fees. Estimated Number of Responses: 300. collection. Estimated Total Annual Burden on The Flathead National Forest Abstract: The Rural Housing Service Respondents: 900 hours. currently has ten other cabin rentals. (RHS) under section 509 of the Housing Copies of this information collection These rentals are often fully booked Act of 1949, 42 U.S.C. 1479, provides can be obtained from Renita Bolden, throughout their rental season. A grants to public and private nonprofit Regulations and Paperwork business analysis of Wurtz Cabin has organizations and state and local Management Branch, at (202) 692–0035. governments to package housing shown that people desire having this Comments sort of recreation experience on the applications for loans under sections Flathead National Forest. A market 502, 504, 514, 515, and 524 grants under Comments are invited on: (a) Whether analysis indicates that the nightly and section 533 of the Housing Act of 1949 the proposed collection of information group use fees are both reasonable and in colonias and designated undeserved is necessary for the proper performance acceptable for this sort of unique counties. RHS reimburses eligible of the functions of RHS, including whether the information will have recreation experience. organizations for part or all of the costs of conducting, administering and practical utility; (b) the accuracy of People wanting to rent Wurtz Cabin coordinating an effective housing RHS’s estimates of the burden of the will need to do so through the National application packaging program in proposed collection of information Recreation Reservation Service, at colonias and designated underserved including the validity of the http://www.reserveusa.com or by calling counties. Eligible organizations assist methodology and assumptions used; (c) 1–877–444–6777. The National very low and low-income families that ways to enhance the quality, utility, and Recreation Reservation Service charges are without adequate housing to buy, clarity of the information to be collected a $9 fee for reservations. build, or repair housing for their own and (d) ways to minimize the burden of Dated: January 12, 2006. use. Also, the organizations package the collection of information on those applications for loans to buy, build or who are to respond, including the use Cathy Barbouletos, repair rental units for lower income of appropriate automated, electronic, Flathead National Forest Supervisor. families. mechanical, or other technological [FR Doc. 06–508 Filed 1–19–06; 8:45 am] RHS will be collecting information collection techniques or other forms of BILLING CODE 3410–11–M from grantees to assure the information technology. Comments may organizations participating in this be sent to Renita Bolden, Regulations program are eligible entities and have and Paperwork Management Branch, participated in RHS training in U.S. Department of Agriculture, Rural application packaging. The respondents Development, Stop 0742, Washington,

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DC 20250. All responses to this notice SUPPLEMENTARY INFORMATION: The SUMMARY: The Committee is proposing will be summarized and included in the Committee has two annual certification to add to the Procurement List a product request for OMB approval. All forms, one for nonprofit agencies to be furnished by nonprofit agencies comments will also become a matter of serving people who are blind employing persons who are blind or public record. (Committee Form 401, OMB Control have other severe disabilities, and to January 5, 2006. Number 3037–0001) and one for delete products previously furnished by nonprofit agencies primarily serving such agencies. Russell T. Davis, people who have other severe Comments Must be Received on or Administrator, Rural Housing Service. disabilities (Committee Form 404, OMB Before: February 19, 2006. [FR Doc. E6–612 Filed 1–19–06; 8:45 am] Control Number 3037–0002). The ADDRESSES: Committee for Purchase BILLING CODE 3410–XV–P information included on the forms is From People Who Are Blind or Severely required to ensure that nonprofit Disabled, Jefferson Plaza 2, Suite 10800, agencies that particpate in the 1421 Jefferson Davis Highway, COMMITTEE FOR PURCHASE FROM Committee’s program meet the Arlington, Virginia, 22202–3259. PEOPLE WHO ARE BLIND OR requirements of the Javits-Wagner- FOR FURTHER INFORMATION OR TO SUBMIT SEVERELY DISABLED O’Day Act (JWOD), 41 U.S.C. 46–48c. COMMENTS CONTACT: Sheryl D. Kennerly, No comments were received in response Telephone: (703) 603–7740, Fax: (703) Agency Information Collection to the agency’s 60-day notice informing 603–0655, or e-mail Activities; Proposed Information the public of the intent to renew this [email protected]. Collection; Comment Request form with no changes published in the SUPPLEMENTARY INFORMATION: This AGENCY: Committee for Purchase from Federal Register on November 18, 2005 notice is published pursuant to 41 People Who Are Blind or Severely on page 69932–69933. U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Title: Annual Certification—Qualified Disabled. purpose is to provide interested persons Nonprofit Agency Serving People Who ACTION: Submission for OMB Review; an opportunity to submit comments on Are Blind, Committee Form 403. Comment Request. OMB Number: 3037–0001. the proposed actions. SUMMARY: The Committee is submitting Agency Number: 3037. Additions to the Office of Management and Budget Frequency: Annually. Affected Public: Nonprofit agencies If the Committee approves the for their review the following collection serving people who are blind that proposed additions, the entities of the as required by the Paperwork Reduction participate in the JWOD program. Federal Government identified in this Act (44 U.S.C. Chapter 35). Number of Respondents: 77. notice for each product or service will Committee Form 403—Annual Estimated Time Per Respondent: 3 be required to procure the products Certification—Qualified Nonprofit hours. listed below from nonprofit agencies Agency Serving People Who Are Blind. Total Burden Hours: 231. employing persons who are blind or Committee From 404—Annual Total Annual costs: $0. have other severe disabilities. Certification—Qualified Nonprofit Title: Annual Certification—Qualified Regulatory Flexibility Act Certification Agency Serving People Who Are Nonprofit Agency Serving People Who I certify that the following action will Severely Disabled. Are Severely Disabled, Committee Form not have a significant impact on a DATES: Interested persons are invited to 404. submit comments about the collection OMB Number: 3037–0002. substantial number of small entities. on or before February 20, 2006. The Agency Number: 3037. The major factors considered for this agency’s 60-day notice informing the Affected Public: Nonprofit agencies certification were: public of the intent to renew this form serving people who are severely 1. If approved, the action will not with no changes was published in the disabled that participate in the JWOD result in any additional reporting, Federal Register on November 18, 2005 program. recordkeeping or other compliance on page 69932–69933. Number of Respondents: 565. requirements for small entities other than the small organizations that will ADDRESSES: Comments may be Estimated Time Per Respondent: 3 hours. furnish the product and service to the submitted, identified by the title of the Government. information collection activity, to the Total Burden Hours: 1695. Total Annual costs: $0. 2. If approved, the action will result Office of Information and Regulatory in authorizing small entities to furnish Affairs, Attn: Rachel F. Potter, OMB Sheryl D. Kennerly, the product and service to the Desk Officer by any of the following two Director, Information Management. Government. methods within 30 days from the date [FR Doc. E6–638 Filed 1–19–06; 8:45 am] 3. There are no known regulatory of publication in the Federal Register: BILLING CODE 6353–01–P alternatives which would accomplish (1) By fax to: (202) 395–6974, Attention: the objectives of the Javits-Wagner- Rachel F. Potter, OMB Desk Office; and O’Day Act (41 U.S.C. 46–48c) in (2) Electronically by e-mail to: COMMITTEE FOR PURCHASE FROM connection with the product and service _ Rachel [email protected]. PEOPLE WHO ARE BLIND OR proposed for addition to the Requests for copies of documents SEVERELY DISABLED Procurement List. pertaining to the collection should be Comments on this certification are addressed to Committee for Purchase Procurement List; Proposed Additions invited. Commenters should identify the From People Who Are Blind or Severely and Deletions statement(s) underlying the certification Disabled, Attention: Janet Yandik, AGENCY: Committee for Purchase from on which they are providing additional Information Management Specialist, People Who Are Blind or Severely information. Jefferson Plaza 2, Suite 10800, 1421 Disabled. Jefferson Davis Highway, Arlington, VA End of Certification ACTION: Proposed Additions to and 22202–3259 or e-mailed to The following product is proposed for Deletions from Procurement List. [email protected]. addition to Procurement List for

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production by the nonprofit agency COMMITTEE FOR PURCHASE FROM and the Commission will not refund any listed: PEOPLE WHO ARE BLIND OR incurred charges. Callers will incur no Product SEVERELY DISABLED charge for calls using the call-in number over land-line connections. Persons Product/NSNs: Filter, Element Coalescer, Procurement List Proposed Additions with hearing impairments may also 4330–00–983–0998. and Deletions follow the proceedings by first calling NPA: New Ventures Enterprises, Inc., AGENCY: Committee for Purchase from the Federal Relay Service at 1–800–977– LaGrange, GA. 8339 and providing the Service with the Contracting Activity: Defense Supply Center People Who Are Blind or Severely conference call number and access code. Columbus, Columbus, OH. Disabled. To ensure that the Commission ACTION: Suspension of effective date. Deletions secures an appropriate number of lines In the document appearing on page for the public, persons are asked to Regulatory Flexibility Act Certification 76234, FR Doc 05–7764, in the issue of register by contacting Thomas Pilla of I certify that the following action will December 23, 2005, in the first and the Western Regional Office, (213) 894– not have a significant impact on a second columns, the Committee 3437, by 3 p.m. on Wednesday, January 25, 2006. substantial number of small entities. published an effective date of January The meeting will be conducted The major factors considered for this 22, 2006, for addition of the following pursuant to the provisions of the rules certification were: service: and regulations of the Commission. 1. If approved, the action may result Service Type/Location: Basewide Custodial Services: U.S. Naval Academy Complex, Dated at Washington DC, January 17, 2006. in additional reporting, recordkeeping Annapolis, Maryland. Ivy L. Davis, or other compliance requirements for NPA: Melwood Horticultural Training Acting Chief, Regional Programs Center, Upper Marlboro, Maryland. small entities. Coordination Unit. Contracting Activity: Naval Facilities 2. If approved, the action may result Engineering Command, Chesapeake, [FR Doc. 06–526 Filed 1–17–06; 12:00 pm] in authorizing small entities to furnish Washington, DC. BILLING CODE 6335–01–P the products to the Government. The effective date for this service is 3. There are no known regulatory suspended until further notice. alternatives which would accomplish DEPARTMENT OF COMMERCE the objectives of the Javits-Wagner- Sheryl D. Kennerly, O’Day Act (41 U.S.C. 46–48c) in Director, Information Management. Economic Development Administration connection with the products proposed [FR Doc. E6–640 Filed 1–19–06; 8:45 am] Notice of Petitions by Producing Firms for deletion from the Procurement List. BILLING CODE 6353–01–P for Determination of Eligibility To End of Certification Apply for Trade Adjustment COMMISSION ON CIVIL RIGHTS Assistance The following products are proposed AGENCY: for deletion from the Procurement List: Agenda and Notice of Public Meeting Economic Development Administration, Department of Products of the Alaska Advisory Committee Commerce. Product/NSNs: Pillowcase, Disposable, Notice is hereby given, pursuant to ACTION: Notice and opportunity for 7210–00–883–8494. the provisions of the rules and public comment. NPA: None currently authorized. regulations of the U.S. Commission on Contracting Activity: GSA, Southwest Supply Civil Rights, that a conference call of the Pursuant to section 251 of the Trade Center, Fort Worth, TX. Alaska State Advisory Committee in the Act of 1974 (19 U.S.C. 2341 et seq.), the Product/NSNs: Potatoes, White, Fresh, Western Region will convene at 11 a.m. Economic Development Administration 8915–00–456–6111 (Whole), (PDT) and adjourn at 12 p.m., Thursday, (EDA) has received petitions for 8915–00–228–1945 (Diced). January 26, 2006. The purpose of the certification of eligibility to apply for NPA: Montgomery County Chapter, conference call is to plan future Trade Adjustment Assistance from the NYSARC, Inc., Amsterdam, NY. activities and discuss on-going projects. firms listed below. EDA has initiated Contracting Activity: Defense Supply Center This conference call is available to the separate investigations to determine Philadelphia, Philadelphia, PA. public through the following call-in whether increased imports into the Sheryl D. Kennerly, number: 1–800–473–7796, access code United States of articles like or directly Director, Information Management. number 46781981. Any interested competitive with those produced by member of the public may call this each firm contributed importantly to the [FR Doc. E6–639 Filed 1–19–06; 8:45 am] number and listen to the meeting. total or partial separation of the firm’s BILLING CODE 6353–01–P Callers can expect to incur charges for workers, or threat thereof, and to a calls not initiated using the provided decrease in sales or production of each call-in number or over wireless lines petitioning firm.

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE FOR THE PERIOD DECEMBER 21, 2005 THROUGH JANUARY 13, 2006

Date petition Firm Address accepted Product

M.M.D. Mountain Mold & Die, Inc...... 127 River Bend Drive, Sevierville, TN 12/21/05 Injection molded and plastic parts, and 37876. steel machine parts. Perfekt Punch Manufacturing Co...... 1885 Holste Road, Northbrook, IL 1/5/06 Die components for the tool and die in- 60062. dustry.

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LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE FOR THE PERIOD DECEMBER 21, 2005 THROUGH JANUARY 13, 2006—Continued

Date petition Firm Address accepted Product

M and H Machine Corporation ...... 611 West Country Road E., Shoreview, 1/5/06 Precision-machined metal parts. MN 55126. Fitzpatrick & Weller, Inc...... 12 Mill Street, P.O. Box 490, 1/5/06 Wood dimension products. Ellicottville, NY 14731. Naegle’s Industrial Leather Machinery 401 Irvine Street, Yoakum, TX 77995 .. 1/5/06 Machinery for making leather products. Co. Lukas Confections, Inc...... 231 W. College Avenue, York, PA 1/10/06 Milk caramel, toffee and taffy products. 17405. Home, Inc...... 500 W. 9th Street, Hermann, MO 1/11/06 Standard and custom metal cabinets. 65041. Columbia Sewing Company, Inc...... 201 W. University Street Magnolia, AR 1/13/06 Outdoor camouflaged coats and trou- 71753. sers. Excellon Acquisitions, LLC...... 2451 Crenshaw Boulevard, Torrance, 1/13/06 Drilling equipment for printed circuit CA 90505. board industry.

Any party having a substantial small numbers of marine mammals, by Background interest in the proceedings may request harassment, incidental to conducting a Sections 101(a)(5)(A) and (D) of the a public hearing on the matter. A marine seismic survey in the Eastern MMPA (16 U.S.C. 1361 et seq.) direct written request for a hearing must be Tropical Pacific from approximately the Secretary of Commerce to allow, submitted to the Office of Chief March 3 to April 1, 2006. Under the upon request, the incidental, but not Counsel, Room 7005, Economic Marine Mammal Protection Act intentional, taking of marine mammals Development Administration, U.S. (MMPA), NMFS is requesting comments by U.S. citizens who engage in a Department of Commerce, Washington, on its proposal to issue an authorization specified activity (other than DC 20230, no later than ten (10) to SIO to incidentally take, by commercial fishing) within a specified calendar days following publication of harassment, small numbers of several geographical region if certain findings this notice. Please follow the procedures species of marine mammals during the are made and either regulations are set forth in Section 315.9 of EDA’s seismic survey. issued or, if the taking is limited to interim final rule (70 FR 47002) for DATES: Comments and information must harassment, a notice of a proposed procedures for requesting a public be received no later than February 21, authorization is provided to the public hearing. The Catalog of Federal 2006. for review. Domestic Assistance official program ADDRESSES: Comments on the Authorization shall be granted if number and title of the program under application should be addressed to NMFS finds that the taking will have a which these petitions are submitted is Steve Leathery, Chief, Permits, negligible impact on the species or 11.313, Trade Adjustment Assistance. Conservation and Education Division, stock(s), will not have an unmitigable Barry Bird, Office of Protected Resources, National adverse impact on the availability of the Chief Counsel. Marine Fisheries Service, 1315 East- species or stock(s) for subsistence uses, [FR Doc. E6–618 Filed 1–19–06; 8:45 am] West Highway, Silver Spring, MD and that the permissible methods of taking and requirements pertaining to BILLING CODE 3510–24–P 20910–3225. The mailbox address for providing e-mail comments is the monitoring and reporting of such [email protected]. NMFS is not takings are set forth. NMFS has defined DEPARTMENT OF COMMERCE responsible for e-mail comments sent to ‘‘negligible impact’’ in 50 CFR 216.103 addresses other than the one provided as ‘‘* * * an impact resulting from the National Oceanic and Atmospheric here. Comments sent via e-mail, specified activity that cannot be Administration including all attachments, must not reasonably expected to, and is not reasonably likely to, adversely affect the [I.D. 112505C] exceed a 10-megabyte file size. A copy of the application containing species or stock through effects on Small Takes of Marine Mammals a list of the references used in this annual rates of recruitment or survival.’’ Incidental to Specified Activities; document may be obtained by writing to Section 101(a)(5)(D) of the MMPA Marine Geophysical Survey in the the address specified above, telephoning established an expedited process by Eastern Tropical Pacific the contact listed below (see FOR which citizens of the United States can FURTHER INFORMATION CONTACT), or apply for an authorization to AGENCY: National Marine Fisheries visiting the Internet at: http:// incidentally take small numbers of Service (NMFS), National Oceanic and www.nmfs.noaa.gov/pr/permits/ marine mammals by harassment. Except Atmospheric Administration (NOAA), incidental.htm. with respect to certain activities not Commerce. Documents cited in this notice may be pertinent here, the MMPA defines ACTION: Notice; receipt of application viewed, by appointment, during regular ‘‘harassment’’ as: and proposed incidental take business hours, at the aforementioned any act of pursuit, torment, or annoyance authorization; request for comments. address. which (i) has the potential to injure a marine FOR FURTHER INFORMATION CONTACT: Jolie mammal or marine mammal stock in the wild SUMMARY: NMFS has received an [Level A harassment]; or (ii) has the potential application from the Scripps Institution Harrison, Office of Protected Resources, to disturb a marine mammal or marine of Oceanography (SIO) for an Incidental NMFS, (301) 713–2289, ext 166. mammal stock in the wild by causing Harassment Authorization (IHA) to take SUPPLEMENTARY INFORMATION: disruption of behavioral patterns, including,

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but not limited to, migration, breathing, Description of the Activity charter agreement. The R/V Roger nursing, breeding, feeding, or sheltering Revelle has a length of 83 m (273 ft), a [Level B harassment]. The seismic survey will utilize one source vessel, the R/V Roger Revelle, beam of 16 m (53 ft), and a maximum Section 101(a)(5)(D) establishes a 45- which is scheduled to depart from draft of 5.2 m (17 ft). The ship is day time limit for NMFS review of an Papeete, French Polynesia, on or about powered by two 3000 hp Propulsion application followed by a 30-day public March 03, 2006 and will return to port General Electric motors and a 1180 hp notice and comment period on any in Honolulu, Hawaii, on or about April retracting azimuthing bow thruster. proposed authorizations for the 01, 2006. The exact dates of the activity Typical operation speed of approx. 13 km/h (7 knots) is used during seismic incidental harassment of marine may vary by a few days because of acquisition. When not towing seismic mammals. Within 45 days of the close weather conditions, repositioning, survey gear, the R/V Roger Revelle of the comment period, NMFS must streamer operations and adjustments, cruises at 22 km/h (12 knots) and has a either issue or deny issuance of the airgun deployment, or the need to maximum speed of 28 km/h (15 knots). authorization. repeat some lines if data quality is It has a normal operating range of substandard. The overall area within Summary of Request approx. 27780 km (15,000 nm). which the seismic survey will occur is On October 2, 2005, NMFS received ° The R/V Roger Revelle holds 22 crew located between approx. 20 N and plus 37 scientists and will also serve as an application from SIO for the taking, 10° S, and between approx. 100° and by harassment, of several species of ° the platform from which marine 155 W. The survey will be conducted mammal observers will watch for marine mammals incidental to entirely in International Waters. marine mammals before and during GI conducting, with research funding from The R/V Roger Revelle will deploy a gun operations. the National Science Foundation (NSF), pair of low-energy Generator-Injector a marine seismic survey in the Eastern Guns (GI guns) as an energy source Seismic Source Description Tropical Pacific during March-April, (each with a discharge volume of 45 The R/V Roger Revelle will tow the 2006. The purpose of the seismic survey in3), plus a 450 m-long, 48-channel, pair of GI guns and a streamer is to collect the site survey data for a towed hydrophone streamer. As the GI containing hydrophones along future Integrated Ocean Drilling guns are towed along the survey lines, predetermined lines. Seismic pulses Program (IODP) drilling transect (not the receiving system will acquire the will be emitted at intervals of 6–10 currently scheduled). The proposed returning acoustic signals. The program seconds. At a speed of 7 knots (13 km/ drilling program will study the structure will consist of approximately (approx.) h), the 6–10-s spacing corresponds to a of the Cenozoic equatorial Pacific by 8,900 km (4,800 nm) of survey, shot interval of approx. 22–36 m (71– drilling an age-transect flowline along including turns. Water depths within 118 ft). the position of the paleo-equator in the the study area are 3,900 to 5,200 m The generator chamber of each GI Pacific, targeting selected time-slices of (12,800 to 16,700 ft). The seismic source gun, the one responsible for introducing interest where calcareous sediments will be operated along the single track the sound pulse into the water, is 45 in3. have been preserved best. The seismic line en route between piston-coring The larger (105 in3) injector chamber survey and respective drilling transect sites, where seismic data will be injects air into the previously-generated will span the early Eocene to Miocene acquired on a small scale grid and cores bubble to maintain its shape, and does equatorial Pacific. Recovered sediments will be collected. There will be not introduce more sound into the will: (1) Contribute towards resolving additional operations associated with water. The two 45 in3 GI guns will be questions of how and why paleo- equipment testing, start-up, line towed 8 m (26 ft) apart side by side, 21 productivity of the equatorial Pacific changes, and repeat coverage of any m (69 ft) behind the R/V Roger Revelle, changed over time, (2) provide rare areas where initial data quality is sub- at a depth of 2 m (7 ft). Specifications material to validate and extend the standard. for the GI guns are as follows. astronomical calibration of the All planned geophysical data The two GI guns discharge a total geological time scale for the Cenozoic, acquisition activities will be conducted volume of approx. 90 in3 and the (3) determine sea-surface and benthic by SIO under the direction of the dominant frequency components are 1– temperature and nutrient profiles and scientists who have proposed the study. 188 Hz. The source output (downward) gradients, (4) provide important The scientists are Dr. Mitch Lyle of is 7.2 bar-m (237 dB re 1 microPascal- information about the detailed nature of Boise State University, Drs. Neil m) at 0-peak (0-pk) and 14.0 bar-m (243 calcium carbonate dissolution (CCD) Mitchell and Carolyn Lear of Cardiff dB re 1 microPascal-m) at peak-peak and changes in the CCD, (5) enhance University, and Dr. Heiko Palike of (pk-pk). The nominal downward- understanding of bio- and University of Southampton. The vessel directed source levels indicated above magnetostratigraphic datums at the will be self-contained and the crew will do not represent actual sound levels that equator, as well as (6) provide live aboard the vessel for the entire can be measured at any location in the information about rapid biological cruise. water. Rather, they represent the level evolution and turn-over during times of In addition to the operations of the that would be found 1 m from a climatic stress. As SIO’s strategy also pair of GI guns, a Kongsberg Simrad hypothetical point source emitting the implies a paleo-depth transect, they also EM–120 multibeam echosounder, a 3.5 same total amount of sound as is hope to improve knowledge about the kHz sub-bottom profiler, and passive emitted by the combined GI guns. The reorganization of water masses as a geophysical sensors (gravimeter and actual received level at any location in function of depth and time. Last, SIO magnetometer) will be operated the water near the GI guns will not intends to make use of the high level of continuously throughout the entire exceed the source level of the strongest correlation between tropical sediment cruise. individual source. In this case, that will sections and seismic stratigraphy be about 231 dB re 1 microPa-m peak, collected on the survey cruise to Vessel Specifications or 237 dB re 1 microPa-m pk-pk. Actual develop a more complete model of The R/V Roger Revelle is owned by levels experienced by any organism equatorial circulation and the U.S. Navy Office of Naval Research more than 1 m from either GI gun will sedimentation. (ONR) and operated by SIO under a be significantly lower.

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A further consideration is that the rms does not allow for bottom interactions, shallow waters due care is taken to the (root mean square) received levels that and is most directly applicable to deep near field effects. The ping rate is are used as impact criteria for marine water (such as will be ensonified in this primarily limited by round trip travel mammals are not directly comparable to survey). Based on the modeling, time in water, up to a ping rate of 5 Hz the peak or pk-pk values normally used estimates of the maximum distances in shallow water. A pulse length of 15 to characterize source levels of seismic from the GI guns where sound levels of ms is typically used in deep water. The sources. The measurement units used to 160, 180, and 190 dB re 1 microPa (rms) transmit fan is split into nine different describe seismic sources, peak or pk-pk are predicted to be received are as sectors transmitted sequentially within decibels, are always higher than the rms follows: 160 dB out to 175 m (574 ft); the same ping. Using electronic steering, decibels referred to in biological 180 dB out to 54 m (177 ft); and 190 dB the sectors are individually tilted literature. A measured received level of out to 17 m (56 ft). Because the model alongtrack to take into account the 160 decibels rms in the far field would results are for the larger 105 in3 GI guns, vessel’s current roll, pitch and yaw with typically correspond to a peak those distances are overestimates of the respect to the survey line heading. The measurement of about 170 to 172 dB, distances for the two 45 in3 GI guns manufacturer provided information to and to a peak-to-peak measurement of used in this study. show relevant parameters for their about 176 to 178 decibels, as measured Empirical data concerning the 160- multibeam echosounders. For the model for the same pulse received at the same and 180-dB distances have been EM–120, with a one degree beamwidth location (Greene, 1997; McCauley et al., acquired based on measurements during (BW), the pressure levels at a set of fixed 1998, 2000a). The precise difference the acoustic verification study distances are as follows: 211 dB at 1 m between rms and peak or pk-pk values conducted by L–DEO in the northern (2.9 ft); 205 dB at 10 m (29 ft); 195 dB depends on the frequency content and Gulf of Mexico from 27 May to 3 June at 100 m (287 ft); and 180 dB at 1,000 duration of the pulse, among other 2003 (Tolstoy et al., 2004). Although the m (3,280 ft). Note that the pressure factors. However, the rms level is results are limited, the data showed that levels are worst case, i.e. on-axis and always lower than the peak or pk-pk radii around the GI guns where the with no defocusing. For our purpose the level for a seismic source. received level would be 180 dB re 1 on-axis direction is vertical from the In 1998, scientists convened at the microPa (rms) vary with water depth. ship to the sea floor. The pressure level High Energy Seismic Sound (HESS) Similar depth-related variation is likely for sound traveling off-axis will fall Workshop, reviewed the available in the 190 dB distances applicable to rapidly for a narrow beam (alongtrack science, and agreed on the received pinnipeds. The empirical data indicate for a multibeam echosounder). The level sound levels above which marine that, for deep water (>1,000 m (3,281 will reduce by 20 dB at a little more mammals might incur permanent tissue ft)), the L–DEO model tends to than twice the beamwidth, which is 1 damage resulting in a permanent overestimate the received sound levels degree for the system installed on R/V threshold shift (PTS) of hearing. Shortly at a given distance (Tolstoy et al., 2004). Roger Revelle. Acrosstrack, the pressure thereafter, a NMFS panel of However, to be precautionary pending level will typically reduce by 20 dB for bioacousticians used the information acquisition of additional empirical data, angles of more than 75–80° from the gathered at the HESS workshop to it is proposed that safety radii during vertical. For multibeams which use establish the current Level A seismic operations in the deep water of sectorized transmission, such as most Harassement acoustic criteria for non- this study will be the values predicted current Kongsberg Simrad systems, explosive sounds, 180 re 1 microPa-m by L–DEO’s model. Therefore, the beam defocusing is applied in the (rms) for for cetaceans, and 190 re 1 assumed 180- and 190-dB radii are 54 m central sector(s) in shallow waters microPa-m (rms) for pinnipeds. Since (177 ft) and 17 m (56 ft), respectively. which results in a more rapid reduction no data existed, linking Permanent Bathymetric Sonar in the pressure level. There will be a Threshold Shift (PTS) in marine similar reduction for the outer sectors in mammals to any particular sound level Along with the GI-gun operations, two flat arrays, as used with the EM–120, to attain these thresholds scientists took additional acoustical data acquisition due to the virtual shortening of the array the level at which Temporary Threshold systems will be operated during much width in these directions. Shift (TTS) was generally predicted to or all of the cruise. One of the occur (180 dB) and conservatively instruments used to map the ocean floor The pressure level at 1 m (2.9 ft) is suggested that PTS could occur will be the Kongsberg Simrad EM–120 less for the Kongsberg Simrad EM–120 anywhere above that level. NMFS multi-beam echosounder, which is multibeam echosounder (211 dB) than it established the acoustic criteria for commonly operated simultaneously is for the pair of GI guns (237 dB) used Level B Harassment (160 re 1 microPa- with GI guns. in this study. However due to the very m (rms) for impulse noises, 120 re 1 The nominal transmit frequency of narrow (1°) directivity of the beam, the microPa-m (rms) for non-impulse, the Kongsberg Simrad EM–120 is 12 distance from the transducer at which continuous, industrial noises) based on kHz with an angular coverage sector of 180 dB re 1 microPa-m is encountered the work of Malme et al., 1984, who up to 150 degrees and 191 beams per is larger (1,000 m (3,280 ft)) than that looked at the effects of anthropogenic ping. The transmit fan is split into calculated for the GI guns (54 m (177 noise on the migration of grey whales. several individual sectors with ft)). Conversely, the narrowness of the NMFS uses the isopleths of these sound independent active steering according to beam, the short pulse length, the ping levels to estimate Level A Harassment vessel roll, pitch and yaw. This method rate, and the ship’s speed during the and Level B Harassment take of marine places all soundings on a ‘‘best fit’’ to survey greatly lessens the probability of mammals and to establish safety zones a line perpendicular to the survey line, exposing an animal under the ship within which monitoring or mitigation thus ensuring a uniform sampling of the during one ping of the multibeam measures must be applied. bottom and 100 percent coverage. The echosounder, much less for multiple Received sound levels have been sectors are frequency coded (11.25 to pings. Since the 1° beam of sound is modeled by the Lamont-Doherty Earth 12.60 kHz), and are transmitted directed downward from transducers Observatory (L–DEO) for two 105 in3 GI sequentially at each ping. Pulse length permanently mounted in the ship’s hull, guns in relation to distance and and range sampling rate are variable the horizontal safety radius of 54 m (177 direction from the source. The model with depth for best resolution, and in ft) for 180 dB established for the GI guns

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will encompass the entire area number of documents referenced in the of the fishery (Allen, 1985). The average ensonified by the multibeam SIO application. In the proposed annual mortality from 1959 to 1972 was echosounder, as well, and marine seismic survey region during the late an estimated 347,082 dolphins (Wade, mammals takes by the echosounder will winter and early spring months of 2006, 1995). However, between 1973 and be avoided through the mitigation 29 cetacean species are likely to occur 1980, mortality dropped considerably measures discussed later. including dolphins, small whales, tooth (Allen, 1985). From 1986 to 1994, total and baleen whales. Several of these annual mortality declined from Sub-Bottom Profiler species are listed under the U.S. approximately 130,000 to 4096 (Lennert A sub-bottom profiler will also be Endangered Species Act (ESA) as and Hall, 1996). By 1995, annual used simultaneously with the GI guns to endangered, including sperm whales, mortality was 3300 (Hall, 1997), and in map the ocean floor. The Knudsen humpback whales, and blue whales; fin 1996, it was 2600 (Hall, 1998). Engineering Model 320BR sub-bottom and sei whales may also occur in the The center of the ETP is characterized profiler is a dual frequency transceiver proposed seismic program area. by warm, tropical waters (Reilly and designed to operate at 3.5 and/or 12 Information on the distribution of these Fiedler, 1994). Cooler water is found kHz. It is used in conjunction with the and other species inhabiting the study along the equator and the eastern multibeam echosounder to provide data area and the wider Eastern Tropical boundary current waters of Peru and about the sedimentary features which Pacific (ETP) has been summarized by California; this cool water is brought to occur below the sea floor. The several studies (e.g., Polacheck, 1987; the surface by upwelling (Reilly and maximum power output of the 320BR is Wade and Gerrodette, 1993; Ferguson Fiedler, 1994). The two different 10 kilowatts for the 3.5 kHz section and and Barlow, 2001; Ferguson and Barlow habitats are generally thought to support 2 kilowatts for the 12 kHz section (the 2003). Four species of pinnipeds different cetacean species (Au and 12 kHz section is seldom used in survey (Guadelope fur seal (federally listed Perryman, 1985). Au et al. (1980 in mode on R/V Roger Revelle due to endangered under the ESA), northern Polacheck, 1987) noted an association overlap with the operating frequency of elephant seal, South American sea lion, between cetaceans and the equatorial the Kongsberg Simrad EM–120 and California sea lion) could surface water masses in the ETP, which multibeam). potentially be encountered during the are thought to be highly productive. Using the Sonar Equations and proposed survey. However, impacts to Increased biological productivity has assuming 100 percent efficiency in the pinnipeds are not anticipated due to the also been observed due to upwelling at system, the source level for the 320BR decreased likelihood of encountering the Costa Rica Dome (Wyrtki, 1964; is calculated to be 211 dB re 1 microPa- them in very deep water, the relatively Fiedler et al.,1991). Several studies have m. In practice, the system is rarely small area proposed to be ensonified, correlated these zones of high operated above 80 percent power level. and the likely effectiveness of the productivity with concentrations of The pulse length for the 3.5 kHz section proposed mitigation measures in such a cetaceans (Volkov and Moroz, 1977; of the 320BR ranges from 1.5 to 24 ms, small area. The species that may be Reilly and Thayer, 1990; Wade and and is controlled automatically by the impacted by this activity and their Gerrodette, 1993). The ETP is also system. estimated abundances in the ETP are characterized by a shallow thermocline Since the maximum attainable source listed in Table 1. (Wyrtki, 1966) and a pronounced level of the 320BR sub-bottom profiler The marine mammal populations in oxygen minimum layer (Perrin et al., (211 db re 1 microPa-m) is less than that the proposed seismic survey area have 1976; Au and Perryman, 1985). These of the pair of GI guns (237 dB re 1 not been studied in detail, but the features are thought to result in an microPa-m) to be used in this study and region is included in the greater ETP, ‘‘oxythermal floor’’ 20–100 m below the the sound produced by the sub-bottom where several studies of marine surface, which may cause large groups profiler is directed downward from mammal distribution and abundance of cetaceans to concentrate in the warm transducers permanently mounted in have been conducted. The ETP is surface waters (Scott and Cattanach, the ship’s hull, the 54 m (177 ft) thought to be a biologically productive 1998). horizontal safety radius established for area (Wyrtki, 1966), and is known to In the application, many references the GI guns will encompass the entire support a variety of cetacean species are made to the occurrence of cetaceans area ensonified by the multibeam (Au and Perryman, 1985). in the Galapagos; however, for some echosounder, and marine mammals Initial systematic studies of cetaceans species, abundance in the Galapagos can takes by the echosounder will be in the ETP were prompted by the be quite different from that in the wider avoided through the mitigation incidental killing of dolphins in the ETP (Smith and Whitehead, 1999). In measures discussed later. purse-seine fishery for yellowfin tuna, addition, references to surveys in the Thunnus albacares, in this area (Perrin ETP are also made. For example, Characteristics of Airgun Pulses 1968, 1969; Smith 1983; Wahlen, 1986; Polacheck (1987) summarized cetacean Discussion of the characteristics of Wade, 1995). The main cetacean species abundance in the ETP for 1977–1980, airgun pulses has been provided in the that have been affected by the fishery although the season when surveys were application and in previous Federal include pantropical spotted dolphins carried out was not given. Polacheck Register notices (see 69 FR 31792 (June (Stenella attenuata) and spinner (1987) calculated encounter rates as the 7, 2004) or 69 FR 34996 (June 23, 2004)). dolphins (S. longirostris) (Smith, 1983). number of schools sighted per 1,000 mi Reviewers are referred to those Short-beaked common dolphins (1,609 km) surveyed. His encounter documents for additional information. (Delphinus delphis), striped dolphins rates do not include any correction (S. coeruleoalba), bottlenose dolphins factors to account for changes in Description of Habitat and Marine (Tursiops truncatus), Fraser’s dolphins detectability of species with distance Mammals Affected by the Activity (Lagenodelphis hosei), rough-toothed from the survey track line or the diving A detailed description of the R/V dolphins (Steno bredanensis), and behavior of the animals. Wade and Roger Revelle’s track from Papeete, short-finned pilot whales (Globicephala Gerrodette (1993) also calculated French Polynesia to Honolulu, Hawaii macrorhynchus) have also been killed in encounter rates for cetaceans (number of and the associated marine mammals can the fishery (e.g., Hall and Boyer, 1989). schools per 1,000 km surveyed) in the be found in the SIO application and a Dolphin mortality was high at the onset ETP, based on surveys between late July

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and early December from 1986 to 1990. group. Although various baleen whales, Reactions to sound, if any, depend on Their encounter rates include a toothed whales, and pinnipeds have species, state of maturity, experience, correction factor to account for been shown to react behaviorally to current activity, reproductive state, time detectability bias but do not include a airgun pulses under some conditions, at of day, and many other factors. If a correction factor to account for other times mammals of all three types marine mammal does react to an availability bias. Ferguson and Barlow have shown no overt reactions. In underwater sound by changing its (2001) calculated cetacean densities in general, pinnipeds and small behavior or moving a small distance, it the ETP based on summer/fall research odontocetes seem to be more tolerant of is difficult to know if the impacts of the vessel surveys in 1986–1996. Their exposure to airgun pulses than are change are significant to the individual, densities are corrected for both baleen whales. Given the relatively or the stock or the species as a whole. detectability and availability biases. small and low-energy GI gun source However, if a sound source displaces Ferguson and Barlow (2003) followed planned for use in this project, marine mammals from an important their 2001 report up with an addendum mammals are expected to tolerate being feeding or breeding area for a prolonged that estimated density and abundance closer to this source than might be the period, impacts on the animals are most with the respective coefficients of case for a larger airgun source typical of likely significant. Given the many variation, whereas before some species most seismic surveys. uncertainties in predicting the quantity and groups were pooled. Although Masking and types of impacts of noise on marine species encounter rates and densities mammals, it is common practice to are generally given for summer/fall, the Masking effects of pulsed sounds estimate how many mammals were proposed seismic survey will be (even from large arrays of airguns) on present within a particular distance of conducted in winter/spring 2006. marine mammal calls and other natural industrial activities, or exposed to a sounds are expected to be limited, particular level of industrial sound, and Potential Effects on Marine Mammals although there are very few specific data assume that all of the animals within Summary of Potential Effects of GI Gun on this. Some whales are known to that area may have been disturbed. continue calling in the presence of Sounds The sound criteria used to estimate seismic pulses. Their calls can be heard how many marine mammals might be The effects of sounds from GI guns between the seismic pulses (e.g., disturbed to some biologically- might include one or more of the Richardson et al., 1986; McDonald et al., important degree by a seismic program following: tolerance, masking of natural 1995; Greene et al., 1999). Although sounds, behavioral disturbance, and at there has been one report that sperm are based on behavioral observations least in theory temporary or permanent whales cease calling when exposed to during studies of several species. hearing impairment (Richardson et al., pulses from a very distant seismic ship However, information is lacking for 1995). Given the small size of the GI (Bowles et al., 1994), a recent study many species. Detailed studies have guns planned for the present project, reports that sperm whales off northern been done on humpback, gray, and effects are anticipated to be Norway continued calling in the bowhead whales, and on ringed seals. considerably less than would be the presence of seismic pulses (Madsen et Less detailed data are available for some case with a large array of airguns. Both al., 2002c). Given the small source other species of baleen whales, sperm NMFS and SIO believe it very unlikely planned for use here, there is even less whales, and small toothed whales. Most that there would be any cases of potential for masking of baleen or sperm of those studies have concerned temporary or, especially, permanent whale calls during the present study reactions to much larger airgun sources hearing impairment. Also, behavioral than in most seismic surveys. Masking than planned for use in the present disturbance is expected to be limited to effects of seismic pulses are expected to project. Thus, effects are expected to be animals that are at distances less than be negligible in the case of the smaller limited to considerably smaller 510 m (1673 ft). A further review of odontocete cetaceans, given the distances and shorter periods of potential impacts of airgun sounds on intermittent nature of seismic pulses exposure in the present project than in marine mammals is included in and the relatively low source level of most of the previous work concerning Appendix A of SIO’s application. the GI guns to be used here. Also, the marine mammal reactions to airguns. sounds important to small odontocetes Baleen Whales—Baleen whales Tolerance are predominantly at much higher generally tend to avoid operating Numerous studies have shown that frequencies than are airgun sounds. airguns, but avoidance radii are quite pulsed sounds from airguns are often Further information on masking effects variable. Whales are often reported to readily detectable in the water at may be found in Appendix A(d) of SIO’s show no overt reactions to pulses from distances of many kilometers. However, application. large arrays of airguns at distances it should be noted that most of the beyond a few kilometers, even though measurements of airgun sounds that Disturbance Reactions the airgun pulses remain well above have been reported concerned sounds Disturbance includes a variety of ambient noise levels out to much longer from larger arrays of airguns, whose effects, including subtle changes in distances. However, as reviewed in sounds would be detectable farther behavior, more conspicuous changes in Appendix A of SIO’s application, baleen away than those planned for use in the activities, and displacement. whales exposed to strong noise pulses present project. Disturbance is one of the main concerns from airguns often react by deviating Numerous studies have shown that in this project. In the terminology of the from their normal migration route and/ marine mammals at distances more than 1994 amendments to the MMPA, or interrupting their feeding and moving a few kilometers from operating seismic seismic noise could cause ‘‘Level B’’ away. In the case of the migrating gray vessels often show no apparent harassment of certain marine mammals. and bowhead whales, the observed response. That is often true even in Level B harassment is defined as ‘‘*** changes in behavior appeared to be of cases when the pulsed sounds must be disruption of behavioral patterns, little or no biological consequence to the readily audible to the animals based on including, but not limited to, migration, animals. They simply avoided the measured received levels and the breathing, nursing, breeding, feeding, or sound source by displacing their hearing sensitivity of that mammal sheltering.’’ migration route to varying degrees, but

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within the natural boundaries of the floats, and some ride the bow wave of those areas show little evidence of migration corridors. the seismic vessel even when large avoidance or behavioral disruption in Studies of gray, bowhead, and arrays of airguns are firing. Nonetheless, the presence of operating seismic humpback whales have determined that there have been indications that small vessels, (McCall Howard 1999; Madsen received levels of pulses in the 160–170 toothed whales sometimes tend to head et al., 2002c; Stone, 2003). An dB re 1 microPa (rms) range seem to away, or to maintain a somewhat greater experimental study of sperm whale cause obvious avoidance behavior in a distance from the vessel, when a large reactions to seismic surveys in the Gulf substantial fraction of the animals array of airguns is operating than when of Mexico has been done recently exposed. In many areas, seismic pulses it is silent (e.g., Goold, 1996a; (Tyack et al., 2003). from large arrays of airguns diminish to Calambokidis and Osmek, 1998; Stone, Odontocete reactions to large arrays of those levels at distances ranging from 2003). Similarly, captive bottlenose airguns are variable and, at least for 4.5–14.5 km (2.4–7.8 nm) from the dolphins and beluga whales exhibit small odontocetes, seem to be confined source. A substantial proportion of the changes in behavior when exposed to to a smaller radius than has been baleen whales within those distances strong pulsed sounds similar in observed for mysticetes. Thus, may show avoidance or other strong duration to those typically used in behavioral reactions of odontocetes to disturbance reactions to the airgun seismic surveys (Finneran et al., 2000, the small GI gun source to be used here array. Subtle behavioral changes 2002). However, the animals tolerated are expected to be very localized, sometimes become evident at somewhat high received levels of sound (pk-pk probably to distances <0.5 km (<0.3 mi). lower received levels, and recent studies level >200 dB re 1 microPa) before Pinnipeds—Pinnipeds are not likely reviewed in the application have shown exhibiting aversive behaviors. With the to show a strong avoidance reaction to that some species of baleen whales, presently-planned pair of GI guns, such the small GI gun source that will be notably bowheads and humpbacks, at levels would only be found within a few used. Visual monitoring from seismic times show strong avoidance at received meters of the source. vessels, usually employing larger levels lower than 160–170 dB re 1 There are no specific data on the sources, has shown only slight (if any) microPa (rms). Reaction distances behavioral reactions of beaked whales to avoidance of airguns by pinnipeds, and would be considerably smaller during seismic surveys. However, most beaked only slight (if any) changes in behavior. the present project, in which the 160 dB whales tend to avoid approaching Those studies show that pinnipeds radius is predicted to be approx. 0.5 km vessels of other types (e.g., Kasuya, frequently do not avoid the area within (0.27 nm), as compared with several 1986; Wu¨ rsig et al., 1998). There are a few hundred meters of operating kilometers when a large array of airguns increasing indications that some beaked airgun arrays, even for arrays much is operating. whales tend to strand when naval larger than the one to be used here (e.g., Data on short-term reactions (or lack exercises, including sonar operations, Harris et al., 2001). However, initial of reactions) of cetaceans to impulsive are ongoing nearby—see Appendix A of telemetry work suggests that avoidance noises do not necessarily provide SIO’s application. The strandings are and other behavioral reactions to small information about long-term effects. It is apparently at least in part a disturbance airgun sources may be stronger than not known whether impulsive noises response, although auditory or other evident to date from visual studies of affect reproductive rate or distribution injuries may also be a factor. Whether pinniped reactions to airguns and habitat use in subsequent days or beaked whales would ever react (Thompson et al., 1998). Even if years. However, gray whales continued similarly to seismic surveys is reactions of the species occurring in the to migrate annually along the west coast unknown. Seismic survey sounds are present study area are as strong as those of North America despite intermittent quite different from those of the sonars evident in the telemetry study, reactions seismic exploration and much ship in operation during the above-cited are expected to be confined to relatively traffic in that area for decades (Malme incidents. There has been a recent (Sept. small distances and durations, with no et al., 1984). Bowhead whales continued 2002) stranding of Cuvier’s beaked long-term effects on pinnipeds. to travel to the eastern Beaufort Sea each whales in the Gulf of California Additional details on the behavioral summer despite seismic exploration in (Mexico) when the L–DEO vessel reactions (or the lack thereof) by all their summer and autumn range for Maurice Ewing was operating a large types of marine mammals to seismic many years (Richardson et al., 1987). In array of airguns (20 guns; 8,490 in3) in vessels can be found in Appendix A (e) any event, the brief exposures to sound the general area. This might be a first of SIO’s application. pulses from the present small GI gun indication that seismic surveys can have Hearing Impairment and Other source are highly unlikely to result in effects similar to those attributed to Physical Effects prolonged effects in baleen whales. naval sonars. However, the evidence Toothed Whales—Little systematic with respect to seismic surveys and Temporary or permanent hearing information is available about reactions beaked whale strandings is inconclusive impairment is a possibility when marine of toothed whales to noise pulses. Few even for large airgun sources. mammals are exposed to very strong studies similar to the more extensive All three species of sperm whales sounds, but there has been no specific baleen whale/seismic pulse work have been reported to show avoidance documentation of this for marine summarized above have been reported reactions to standard vessels not mammals exposed to airgun pulses. for toothed whales. However, systematic emitting airgun sounds, and it is to be Current NMFS policy regarding work on sperm whales is underway. expected that they would tend to avoid exposure of marine mammals to high- Seismic operators sometimes see an operating seismic survey vessel. level sounds is that in order to avoid dolphins and other small toothed There were some limited early hearing impairment, cetaceans and whales near operating airgun arrays, but observations suggesting that sperm pinnipeds should not be exposed to in general there seems to be a tendency whales in the Southern Ocean and Gulf impulsive sounds exceeding 180 and for most delphinids to show some of Mexico might be fairly sensitive to 190 dB re1 microPa (rms), respectively limited avoidance of seismic vessels airgun sounds from distant seismic (NMFS, 2000). Those criteria have been operating large airgun systems. surveys. However, more extensive data used in defining the safety (shutdown) However, some dolphins seem to be from recent studies in the North radii planned for this seismic survey. attracted to the seismic vessel and Atlantic suggest that sperm whales in However, those criteria were established

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before there were any data on the hearing threshold rises and a sound exposed to a few seismic pulses with minimum received levels of sounds must be stronger in order to be heard. levels of 205 dB, and possibly more necessary to cause auditory impairment TTS can last from minutes or hours to pulses if the mammal moved with the in marine mammals. As discussed in (in cases of strong TTS) days. For sound seismic vessel. As noted above, most Appendix A (f) of the application and exposures at or somewhat above the cetaceans show some degree of summarized here: TTS threshold, hearing sensitivity avoidance of operating airguns. In • The 180-dB criterion for cetaceans recovers rapidly after exposure to the addition, ramping up airgun arrays, is probably quite precautionary, i.e., noise ends. Little information on sound which is standard operational protocol lower than necessary to avoid TTS, let levels and durations necessary to elicit for large airgun arrays, should allow alone permanent auditory injury, at mild TTS have been obtained for marine cetaceans to move away from the least for delphinids; mammals, and none of the published seismic source and to avoid being • The minimum sound level data concern TTS elicited by exposure exposed to the full acoustic output of necessary to cause permanent hearing to multiple pulses of sound. the airgun array. Even with a large impairment is higher, by a variable and Finneran et al. (2002) compared the airgun array, it is unlikely that the generally unknown amount, than the few available data that exist on sound cetaceans would be exposed to airgun level that induces barely-detectable levels and durations necessary to elicit pulses at a sufficiently high level (180 TTS; and mild TTS and found that for toothed • dB) for a sufficiently long period (due to The level associated with the onset whales exposed to single short pulses, the tendency of baleen whales to avoid of TTS is often considered to be a level the TTS threshold appears to be a seismic sources) to cause more than below which there is no danger of function of the energy content of the mild TTS, given the relative movement permanent damage. pulse. Finneran used the available data of the vessel and the marine mammal. Because of the small size of the GI gun to plot known TTS in odontocetes on a The potential for TTS is much lower in source in this project (two 45 in3 guns), line depicting sound pressure level this project due to the small size of the along with the planned monitoring and versus duration of pulse, and SIO used airgun array (past IHA’s have authorized mitigation measures, there is little that line to estimate that a single seismic take of marine mammals incidental to likelihood that any marine mammals pulse received at 210 dB re 1 microPa the operation of seismic airguns with a will be exposed to sounds sufficiently (rms) (approx. 221–226 dB pk-pk) may total volume of up to 8,800 in3 (L–DEO strong to cause hearing impairment. produce brief, mild TTS in Odontocetes. 20-gun array)) . With a large array of Several aspects of the planned If received sound energy is calculated monitoring and mitigation measures for airguns, TTS would be most likely in from the sound pressure, a single any odontocetes that bow-ride or this project are designed to detect seismic pulse at 210 dB re 1 microPa marine mammals occurring near the otherwise linger near the airguns. While (rms) equates to several seismic pulses bow riding, odontocetes would be at or pair of GI guns (and multibeam at received levels near 200–205 dB echosounder), and to avoid exposing above the surface, and thus not exposed (rms). The L–DEO model indicates that to strong sound pulses given the them to sound pulses that might cause seismic pulses with received levels of hearing impairment (see Mitigation pressure-release effect at the surface. 200–205 dB would be limited to However, bow-riding animals generally Measures). In addition, many cetaceans distances within a few meters of the are likely to show some avoidance of the dive below the surface intermittently. If small GI gun source to be used in this they did so while bow riding near area with ongoing seismic operations project. airguns, they would be exposed to (see above). In those cases, the There are no data, direct or indirect, strong sound pulses, possibly avoidance responses of the animals on levels or properties of sound that are themselves will reduce or avoid the required to induce TTS in any baleen repeatedly. In this project, the possibility of hearing impairment. whale. Richardson et al. (1995) anticipated 180-dB distance is <54 m Non-auditory physical effects may compiled studies of the reactions of (<155 ft), and the bow of the R/V Roger also occur in marine mammals exposed several species of baleen whales to Revelle will be 106 m (304 ft) ahead of to strong underwater pulsed sound. seismic sound and found that baleen the GI guns. As noted above, the TTS Possible types of non-auditory whales often show strong avoidance threshold (at least for brief or physiological effects or injuries that several kilometers away from an airgun intermittent exposures) is likely >180 theoretically might occur include stress, at received levels of 150–180 dB. Given dB. Thus, TTS would not be expected neurological effects, bubble formation, the small size of the source, and the in the case of odontocetes bow riding resonance effects, and other types of likelihood that baleen whales will avoid during the planned seismic operations. organ or tissue damage. It is possible the approaching airguns (or vessel) Furthermore, even if some cetaceans did that some marine mammal species (i.e., before being exposed to levels high incur TTS through exposure to GI gun beaked whales) may be especially enough to induce TTS, NMFS believes sounds, this would very likely be mild, susceptible to injury and/or stranding it unlikely that the R/V Roger Revelle’s temporary, and reversible. when exposed to strong pulsed sounds. airguns will cause TTS in any baleen As mentioned earlier, NMFS has However, as discussed below, it is very whales. established acoustic criteria to avoid unlikely that any effects of these types TTS thresholds for pinnipeds exposed permanent physiological damage that would occur during the present project to brief pulses (single or multiple) have indicate that cetaceans and pinnipeds given the small size of the source and not been measured. However, prolonged should not be exposed to pulsed the brief duration of exposure of any exposures show that some pinnipeds underwater noise at received levels given mammal, especially in view of the may incur TTS at somewhat lower exceeding, respectively, 180 and 190 dB planned monitoring and mitigation received levels than do small re 1 microPa (rms). The predicted 180 measures. odontocetes exposed for similar and 190 dB distances for the GI guns Temporary Threshold Shift (TTS)— durations (Kastak et al., 1999; Ketten et operated by SIO are <54 m (<155 ft) and TTS is the mildest form of hearing al., 2001; cf. Au et al., 2000). <17 m (<49 ft), respectively (Those impairment that can occur during A marine mammal within a radius of distances actually apply to operations exposure to a strong sound (Kryter 100 m ( 328 ft) around a typical large with two 105 in3 GI guns, and smaller 1985). While experiencing TTS, the array of operating airguns might be distances would be expected for the two

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45 in3 GI guns to be used here.). These occur. Given the higher level of sound growth in the Bahamas stranding of sound levels represent the received necessary to cause PTS, it is even less beaked whales. levels above which one could not be likely that PTS could occur. In fact, Until recently, it was assumed that certain that there would be no injurious even the levels immediately adjacent to diving marine mammals are not subject effects, auditory or otherwise, to marine the GI guns may not be sufficient to to the bends or air embolism. However, mammals. As mentioned previously in induce PTS, especially since a mammal a short paper concerning beaked whales the toothed whale section, Finneran et would not be exposed to more than one stranded in the Canary Islands in 2002 al.’s (2000 and 2002) TTS data indicate strong pulse unless it swam suggests that cetaceans might be subject that a small number of captive dolphins immediately alongside a GI gun for a to decompression injury in some have been exposed to more 200 dB re 1 period longer than the inter-pulse situations (Jepson et al., 2003). If so, that microPa (rms) without suffering from interval (6–10 s). Also, baleen whales might occur if they ascend unusually TTS, though NMFS believes that the generally avoid the immediate area quickly when exposed to aversive sound levels represented by these around operating seismic vessels. sounds. Even if that can occur during studies of small numbers of captive Furthermore, the planned monitoring exposure to mid-frequency sonar, there animals may not accurately represent and mitigation measures, including is no evidence that that type of effect the predicted reactions of wild animals visual monitoring, ramp ups, and shut occurs in response to airgun sounds. It under the same circumstances. downs of the GI guns when mammals is especially unlikely in the case of this Scientists at NMFS are currently are seen within the ‘‘safety radii,’’ will project involving only two small GI compiling and reanalyzing available minimize the already-minimal guns. information on the reactions of marine probability of exposure of marine In general, little is known about the mammals to sound in an effort to mammals to sounds strong enough to potential for seismic survey sounds to eventually establish new acoustic induce PTS. cause auditory impairment or other criteria. However, NMFS currently Non-auditory Physiological Effects— physical effects in marine mammals. considers the 160, 180, and 190 dB Non-auditory physiological effects or Available data suggest that such effects, if they occur at all, would be limited to thresholds to be the appropriate sound injuries that theoretically might occur in short distances and probably to projects pressure level criteria for non-explosive marine mammals exposed to strong involving large arrays of airguns. sounds. underwater sound include stress, However, the available data do not Permanent Threshold Shift (PTS)— neurological effects, bubble formation, allow for meaningful quantitative When PTS occurs, there is physical resonance effects, and other types of predictions of the numbers (if any) of damage to the sound receptors in the organ or tissue damage. There is no marine mammals that might be affected ear. In some cases, there can be total or proof that any of these effects occur in in those ways. Marine mammals that partial deafness, while in other cases, marine mammals exposed to sound the animal has an impaired ability to show behavioral avoidance of seismic from airgun arrays (even large ones), but hear sounds in specific frequency vessels, including most baleen whales, there have been no direct studies of the ranges. some odontocetes, and some pinnipeds, There is no specific evidence that potential for airgun pulses to elicit any are especially unlikely to incur auditory exposure to pulses of airgun sound can of those effects. If any such effects do impairment or other physical effects. cause PTS in any marine mammal, even occur, they would probably be limited Also, the planned mitigation measures, with large arrays of airguns. However, to unusual situations when animals including shut downs, will reduce any given the possibility that mammals might be exposed at close range for such effects that might otherwise occur. close to an airgun array might incur unusually long periods. Strandings and Mortality TTS, there has been further speculation It is doubtful that any single marine about the possibility that some mammal would be exposed to strong Marine mammals close to underwater individuals occurring very close to seismic sounds for sufficiently long that detonations of high explosive can be airguns might incur PTS. Single or significant physiological stress would killed or severely injured, and the occasional occurrences of mild TTS are develop. That is especially so in the auditory organs are especially not indicative of permanent auditory case of the present project where the GI susceptible to injury (Ketten et al., 1993; damage in terrestrial mammals. guns are small, the ship’s speed is Ketten, 1995). Airgun pulses are less Relationships between TTS and PTS relatively fast (7 knots (13 km/h)), and energetic and have slower rise times, thresholds have not been studied in for the most part the survey lines are and there is no proof that they can cause marine mammals, but NMFS assumes widely spaced with little or no overlap. serious injury, death, or stranding even they are probably similar to those in Gas-filled structures in marine in the case of large airgun arrays. humans and other terrestrial mammals. animals have an inherent fundamental However, the association of mass PTS might occur at a received sound resonance frequency. If stimulated at strandings of beaked whales with naval level 20 dB or more above that inducing that frequency, the ensuing resonance exercises and, in one case, an L–DEO mild TTS if the animal were exposed to could cause damage to the animal. A seismic survey, has raised the the strong sound for an extended period, workshop (Gentry [ed.], 2002) was held possibility that beaked whales exposed or to a strong sound with rather rapid to discuss whether the stranding of to strong pulsed sounds may be rise time (Cavanaugh, 2000). beaked whales in the Bahamas in 2000 especially susceptible to injury and/or It is highly unlikely that marine (Balcomb and Claridge, 2001; NOAA behavioral reactions that can lead to mammals could receive sounds strong and USN, 2001) might have been related stranding. Additional details may be enough to cause permanent hearing to air cavity resonance or bubble found in Appendix A (g) of SIO’s impairment during a project employing formation in tissues caused by exposure application. two 45 in3 GI guns. In the present to noise from naval sonar. A panel of Seismic pulses and mid-frequency project, marine mammals are unlikely to experts concluded that resonance in air- sonar pulses are quite different. Sounds be exposed to received levels of seismic filled structures was not likely to have produced by airgun arrays are pulses strong enough to cause TTS, as caused this stranding. Opinions were broadband with most of the energy they would probably need to be within less conclusive about the possible role below 1 kHz. Typical military mid- a few meters of the GI guns for this to of gas (nitrogen) bubble formation/ frequency sonars operate at frequencies

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of 2–10 kHz, generally with a relatively and will receive only limited amounts limited to startle or otherwise brief narrow bandwidth at any one time. of pulse energy because of the short responses of no lasting consequence to Thus, it is not appropriate to assume pulses. the animals. NMFS (2001) concluded that there is a direct connection between that momentary behavioral reactions Masking the effects of military sonar and seismic ‘‘do not rise to the level of taking.’’ surveys on marine mammals. However, Marine mammal communications will Thus, brief exposure of cetaceans or evidence that sonar pulses can, in not be masked appreciably by the pinnipeds to small numbers of signals special circumstances, lead to physical multibeam echosounder signals given from the multibeam bathymetric damage and mortality NOAA and USN, the low duty cycle of the system and the echosounder system are not expected to 2001; Jepson et al., 2003), even if only brief period when an individual result in a ‘‘take’’ by harassment. indirectly, suggests that caution is mammal is likely to be within its beam. warranted when dealing with exposure Furthermore, in the case of baleen Hearing Impairment and Other of marine mammals to any high- whales, the signals do not overlap with Physical Effects intensity pulsed sound. the predominant frequencies in the Given recent stranding events that In Sept. 2002, there was a stranding calls, which would avoid significant have been associated with the operation of two Cuvier’s beaked whales in the masking. of naval sonar, there is concern that Gulf of California, Mexico, when the L– Behavioral Responses mid-frequency sonar sounds can cause DEO vessel Maurice Ewing was serious impacts to marine mammals (see 3 Behavioral reactions of free-ranging operating a 20-gun 8490 in array in the above). However, the multibeam general area. The link between this marine mammals to military and other sonars appear to vary by species and echosounder proposed for use by SIO is stranding and the seismic surveys was quite different than sonars used for navy inconclusive and not based on any circumstance. Observed reactions have included silencing and dispersal by operations. Pulse duration of the physical evidence (Hogarth, 2002; multibeam echosounder is very short Yoder, 2002). Nonetheless, that plus the sperm whales (Watkins et al., 1985), increased vocalizations and no dispersal relative to the naval sonars. Also, at any incidents involving beaked whale given location, an individual marine strandings near naval exercises suggests by pilot whales (Rendell and Gordon, 1999), and the previously-mentioned mammal would be exposed to the a need for caution in conducting seismic multibeam sound signal for much less surveys in areas occupied by beaked beachings by beaked whales. However, all of those observations are of limited time given the generally downward whales. The present project will involve orientation of the beam and its narrow a much smaller sound source than used relevance to the present situation. Pulse fore-aft beamwidth. (Navy sonars often in typical seismic surveys. That, along durations from those sonars were much use near-horizontally-directed sound.) with the monitoring and mitigation longer than those of the SIO multibeam Those factors would all reduce the measures that are planned, are expected echosounder, and a given mammal sound energy received from the to minimize any possibility for would have received many pulses from multibeam echosounder rather strandings and mortality. the naval sonars. During SIO’s operations, the individual pulses will be drastically relative to that from the Possible Effects of Bathymetric Sonar very short, and a given mammal would sonars used by the Navy. Signals not be likely to receive more than a few Possible Effects of Sub-Bottom Profiler A multibeam bathymetric of the downward-directed pulses as the Signals echosounder (Kongsberg Simrad EM– vessel passes by unless it were 120, 12 kHz) will be operated from the swimming in the same speed and A sub-bottom profiler will be operated source vessel during much of the direction as the ship in a fixed position from the source vessel much of the time planned study. Sounds from the underneath the ship. during the planned study. Sounds from multibeam echosounder are very short Captive bottlenose dolphins and a the sub-bottom profiler are short pulses pulses, occurring for 5–15 ms at up to white whale exhibited changes in of 1.5–24 ms duration. The triggering 5 Hz, depending on water depth. As behavior when exposed to 1 s pulsed rate is controlled automatically so that compared with the GI guns, the sound sounds at frequencies similar to those only one pulse is in the water column pulses emitted by this multibeam that will be emitted by the multibeam at a time. Most of the energy in the echosounder are at moderately high echosounder used by SIO, and to shorter sound pulses emitted by this sub-bottom frequencies, centered at 12 kHz. The broadband pulsed signals. Behavioral profiler is at mid frequencies, centered beam is narrow (1°) in fore-aft extent, changes typically involved what at 3.5 kHz. The beamwidth is approx. and wide (150°) in the cross-track appeared to be deliberate attempts to 30° and is directed downward. Sound extent. avoid the sound exposure (Schlundt et levels have not been measured directly Navy sonars that have been linked to al., 2000; Finneran et al., 2002). The for the sub-bottom profiler used by the avoidance reactions and stranding of relevance of those data to free-ranging R/V Roger Revelle, but Burgess and cetaceans (1) generally are more odontocetes is uncertain, and in any Lawson (2000) measured sounds powerful than the Kongsberg Simrad case, the test sounds were quite propagating more or less horizontally EM–120, (2) have a longer pulse different in either duration or from a similar unit with similar source duration, and (3) are directed close to bandwidth as compared with those from output (205 dB re 1 microPa-m). The horizontally, vs. downward, as for the a bathymetric echosounder. 160 and 180 dB re 1 microPa (rms) radii, multibeam echosounder. The area of NMFS is not aware of any data on the in the horizontal direction, were possible influence of the Kongsberg reactions of pinnipeds to sonar sounds estimated to be, respectively, near 20 m Simrad EM–120 is much smaller—a at frequencies similar to those of the (66 ft) and 8 m (26 ft) from the source, narrow band oriented in the cross-track R/V Roger Revelle’s multibeam as measured in 13 m (43 ft) water depth. direction below the source vessel. echosounder. Based on observed The corresponding distances for an Marine mammals that encounter the pinniped responses to other types of animal in the beam below the EM–120 at close range are unlikely to be pulsed sounds, and the likely brevity of transducer would be greater, on the subjected to repeated pulses because of exposure to the multibeam sounds, order of 180 m (591 ft) and 18 m (59 ft), the narrow fore-aft width of the beam, pinniped reactions are expected to be assuming spherical spreading.

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The sub-bottom profiler on the R/V multiple pings above 180 dB, it is profiling on each leg, and by the 13 km/ Roger Revelle has a stated maximum unlikely that the sub-bottom profiler hr (7 mi/hr) average speed of the R/V source level of 211 dB re 1 microPa-m will cause hearing impairment or other Roger Revelle during the sea floor and a normal source level of 200 dB re physical injuries even in an animal that profiling. The total estimated ‘‘take by 1 microPa-m. Thus the received level is (briefly) in a position near the source. harassment’’ is presented in Table 1. would be expected to decrease to 160 The sub-bottom profiler is usually Eleven species of odontocete whales, and 180 dB about 160 m (525 ft) and 16 operated simultaneously with other one species of mysticete whale, and no m (52 ft) below the transducer, higher-power acoustic sources. Many pinnipeds are expected to be harassed. respectively, again assuming spherical marine mammals will move away in No more than 0.72 percent of any stock spreading. Corresponding distances in response to the approaching higher- is expected to be affected, and NMFS the horizontal plane would be lower, power sources or the vessel itself before believes that this is a very small given the directionality of this source the mammals would be close enough for proportion of the eastern tropical Pacific (30° beamwidth) and the measurements there to be any possibility of effects population of any of the affected of Burgess and Lawson (2000). from the less intense sounds from the species. sub-bottom profiler. In the case of Data regarding distribution, seasonal Masking mammals that do not avoid the abundance, and response of pinnipeds Marine mammal communications will approaching vessel and its various to seismic sonar is sparse. While not be masked appreciably by the sub- sound sources, mitigation measures that estimating numbers potentially bottom profiler signals given its would be applied to minimize effects of vulnerable to noise harassment is relatively low power output, the low the higher-power sources would further difficult, NMFS believes the R/V Roger duty cycle, directionality, and the brief reduce or eliminate any minor effects of Revelle is unlikely to encounter period when an individual mammal is the sub-bottom profiler. significant numbers of any of the four likely to be within its beam. pinniped species that live, for at least Estimated Take by Incidental Furthermore, in the case of most part of the year, in SIO’s proposed Harassment for the Eastern Tropical odontocetes, the sonar signals do not survey area because of the decreased Pacific Seismic Survey overlap with the predominant likelihood of encountering them in the frequencies in the calls, which would Given the proposed mitigation (see very deep water, the relatively small avoid significant masking. Mitigation later in this document), all area proposed to be ensonified, and the anticipated takes involve a temporary likely effectiveness of the proposed Behavioral Responses change in behavior that would mitigation measures in such a small Marine mammal behavioral reactions constitute Level B harassment, at most. area. to other pulsed sound sources are The proposed mitigation measures are The proposed SIO seismic survey in discussed above, and responses to the expected to minimize or eliminate the the Eastern Tropical Pacific Ocean will sub-bottom profiler are likely to be possibility of Level A harassment or involve towing a pair of GI guns that similar to those for other pulsed sources mortality. It is difficult to make introduce pulsed sounds into the ocean, received at the same levels. Therefore, accurate, scientifically defensible, and along with simultaneous operation of a behavioral responses are not expected observationally verifiable estimates of multi-beam echosounder and sub- unless marine mammals are very close the number of individuals likely to be bottom profiler. A towed hydrophone to the source, e.g., within approx. 160 m subject to low-level harassment by the streamer will be deployed to receive and (525 ft) below the vessel, or about 17 m noise from SIO’s GI guns. There are record the returning signals. No (54 ft) to the side of a vessel. many uncertainties in marine mammal ‘‘taking’’ by harassment, injury, or NMFS (2001) has concluded that distribution and seasonally varying mortality of marine mammals is momentary behavioral reactions ‘‘do not abundance, and in local horizontal and expected in association with operations rise to the level of taking’’. Thus, brief vertical distribution; in marine mammal of the other sources discussed exposure of cetaceans to a few signals reactions to varying frequencies and (bathymetric sonar or sub-bottom from the sub-bottom profiler would not levels of acoustic pulses; and in profiler), as produced sounds are result in a ‘‘take’’ by harassment. perceived sound levels at different beamed downward, the beam is narrow, horizontal and oblique ranges from the and the pulses are extremely short. Hearing Impairment and Other source. The best estimate of potential Physical Effects ‘‘take by harassment’’ is derived by Effects on Cetaceans Source levels of the sub-bottom converting the abundances of the Strong avoidance reactions by several profiler are much lower than those of affected species in Table 1 to per km species of mysticetes to seismic vessels the GI guns that are discussed above. abundances (even though most of the have been observed at ranges up to 6– Sound levels from a sub-bottom profiler data used in this table were collected in 8 km (3–4 nm) and occasionally as far similar to the one on the R/V Roger different seasons than the SIO planned as 20–30 km (11–16 nm) from the source Revelle were estimated to decrease to activity), and multiplying these vessel when much larger airgun arrays 180 dB re 1 microPa (rms) (NMFS abundances (for the appropriate region) have been used. Additionally, the criteria for Level A harassment) at 8 m by the area to be ensonified at levels numbers of mysticetes estimated to (26 ft) horizontally from the source, greater than 160 dB (rms) (NMFS Level occur within the 160-dB isopleth in the Burgess and Lawson 2000), and at B harassment criteria). The area to be survey area are expected to be low (4 or approx. 18 m (59 ft) downward from the ensonified at levels greater than 160 dB less, see Table 1). In addition, the source. Because of the fact that the is calculated using a 9-dB loss when estimated numbers presented in Table 1 entire area to be ensonified by the sub- converting from p-p to rms, and purely are considered overestimates of actual bottom profiler will be within the safety spherical spreading with no sea-surface numbers for two primary reasons. First, radius in which mitigation measures baffling, which results in a swath width the estimated 160-radii used here are will be taken and because an animal of 4.5 km (2.8 mi) (2.3 km (1.4 mi) either probably overestimates of the actual would have to be directly beneath, close side of the survey vessel). The total area 160-radii at deep-water sites (Tolstoy et to, and traveling at the same speed and ensonified is derived by multiplying al., 2004) such as the Eastern Tropical direction as the boat to be exposed to this width by the numbers of hours Pacific Ocean survey area. Second, SIO

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plans to use smaller GI guns than those generally limited to the water within a haddock measured acoustically was on which the radii are based. meter or so of an airgun. However, it has reduced by 44 percent within 9 km (5 Odontocete reactions to seismic recently been found that injurious nm) of an area where airguns operated pulses, or at least the reactions of effects on captive fish, especially on (Enga˚s et al., 1993). Actual catches dolphins, are expected to extend to hearing, may occur to somewhat greater declined by 50 percent throughout the lesser distances than are those of distances than previously thought trial area and 70 percent within the mysticetes. Odontocete low-frequency (McCauley et al., 2000a,b, 2002, 2003). shooting area. The reduction in catch hearing is less sensitive than that of Even so, any injurious effects on fish decreased with increasing distance out mysticetes, and dolphins are often seen would be limited to short distances. to 30–33 km (16–18 nm), where catches from seismic vessels. In fact, there are Also, many of the fish that might were unchanged. documented instances of dolphins otherwise be within the injury radius Other recent work concerning approaching active seismic vessels. likely would be displaced from the behavioral reactions of fish to seismic However, dolphins and some other region prior to the approach of the GI surveys, and concerning effects of types of odontocetes sometimes show guns through avoidance reactions to the seismic surveys on fishing success, is avoidance responses and/or other passing seismic vessel or to the GI gun reviewed in Turnpenny and Nedwell changes in behavior when near sounds as received at distances beyond (1994), Santulli et al., (1999), Hirst and operating seismic vessels. the injury radius. Rodhouse, (2000), Thomson et al., Taking into account the proposed Short, sharp sounds can cause overt (2001), Wardle et al., (2001), and Enga˚s mitigation measures, effects on or subtle changes in fish behavior. and L

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probably would occur only very close to combination of the procedures required be 510, 54, and 17 m (1466, 155, 49 ft), the source. Impacts on zooplankton by past IHAs for other SIO and L–DEO respectively. Because the model results behavior are predicted to be negligible, projects. The measures are described in are for the larger 105 in3 GI guns, those and that would translate into negligible detail below. distances are overestimates of the impacts on feeding mysticetes. The number of individual animals distances for the 45 in3 GI guns used in Furthermore, in the proposed project expected to be approached closely this study. area, mysticetes are expected to be rare. during the proposed activity will be Empirical data concerning the 160-, The effects of the planned activity on small in relation to regional population and 180-dB distances have been marine mammal habitats and food sizes. With the proposed monitoring, acquired based on measurements during resources are expected to be negligible, ramp-up, and shut-down provisions (see the acoustic verification study as described above. A small minority of below), any effects on individuals are conducted by L–DEO in the northern the marine mammals that are present expected to be limited to behavioral Gulf of Mexico from 27 May to 3 June near the proposed activity may be disturbance. That is expected to have 2003, using the larger 105 in3 GI guns temporarily displaced as much as a few negligible impacts on the species and (Tolstoy et al., 2004). Although the kilometers by the planned activity. stocks. results are limited, the data showed that The proposed activity is not expected The following subsections provide radii around the GI guns where the to have any habitat-related effects that more detailed information about the received level would be 180 dB re 1 could cause significant or long-term mitigation measures that are an integral microPa (rms), the safety criteria consequences for individual marine part of the planned activity. applicable to cetaceans (NMFS, 2000), Vessel-based observers will monitor mammals or their populations, since vary with water depth. Similar depth- marine mammals near the seismic operations at the various sites will be related variation is likely in the 190 dB source vessel during all daytime GI gun limited in duration. distances applicable to pinnipeds. operations and during any nighttime Correction factors were developed for Potential Effects on Subsistence Use of start ups of the GI guns. The water depths 100–1,000 m (328–3,281 Marine Mammals observations will provide the real-time ft). The proposed survey will occur in There is no known legal subsistence data needed to implement some of the depths 4,000–5,000 m (13,123–16,400 hunting for marine mammals in the ETP key mitigation measures. When marine ft), so those correction factors are not near the survey area, so the proposed mammals are observed within, or about relevant here. activities will not have any impact on to enter, designated safety zones (see the availability of the species or stocks below) where there is a possibility of The empirical data indicate that, for for subsistence users. significant effects on hearing or other deep water (>1000 m (>3281 ft)), the L– physical effects, GI gun operations will DEO model tends to overestimate the Mitigation be shut down immediately. During received sound levels at a given For the proposed seismic survey in daylight, vessel-based observers will distance (Tolstoy et al., 2004). However, the ETP during March–April 2006, SIO watch for marine mammals near the to be precautionary pending acquisition will deploy a pair of GI guns as an seismic vessel during all periods while of additional empirical data, it is energy source, with a total discharge operating airguns and for a minimum of proposed that safety radii during GI gun volume of 90 in3. The energy from the 30 min prior to the planned start of GI operations in deep water will be the GI guns will be directed mostly gun operations after an extended shut values predicted by L–DEO’s model. downward. The small size of the GI down. Therefore, the assumed 180– and 190– guns to be used during the proposed SIO proposes to conduct nighttime as dB radii are 54 m (177 ft) and 17 m (56 study is an inherent and important well as daytime operations. Observers ft), respectively. mitigation measure that will reduce the dedicated to marine mammal The GI guns would be shut down potential for effects relative to those that observations will not be on duty during immediately when cetaceans or might occur with large airgun array. ongoing seismic operations at night. At pinnipeds are detected within or about Received sound levels have been night, bridge personnel will watch for to enter the appropriate 180-dB (rms) or estimated by L–DEO in relation to marine mammals (insofar as practical at 190-dB (rms) radius, respectively. The distance from two 105 in3 GI guns, but night) and will call for the GI guns to 180-; and 190-dB shut-down criteria are not two 45 in3 GI guns. The radii around be shut down if marine mammals are consistent with guidelines listed for two 105 in3 GI guns where received observed in or about to enter the safety cetaceans and pinnipeds, respectively, levels would be 180 and 190 dB re 1 radii. If the GI guns are started up at by NMFS (2000) and other guidance by microPa (rms) are small (54 and 17 m night, two marine mammal observers NMFS. (155 ft and 45 ft), respectively), will monitor marine mammals near the Operational Mitigation Measures especially in the deep waters (>4,000 m source vessel for 30 min prior to start up (11,494 ft)) of the survey area. The 180 of the GI guns using (aft-directed) ship’s In addition to marine mammal and 190 dB levels are shut-down criteria lights and night vision devices. monitoring, the following mitigation applicable to cetaceans and pinnipeds, measures will be adopted during the respectively, as specified by NMFS Proposed Safety Radii proposed seismic program, provided (2000). Received sound levels have been that doing so will not compromise Vessel-based observers will watch for modeled by L–DEO for two 105 in3 GI operational safety requirements. marine mammals near the GI guns when guns, but not for the 45 in3 GI guns, in Although power-down procedures are they are in use. Proposed mitigation and relation to distance and direction from often standard operating practice for monitoring measures for the seismic the source. The model does not allow seismic surveys, they will not be used survey have been developed and refined for bottom interactions, and is most here because powering down from two in cooperation with NMFS during directly applicable to deep water. Based GI guns to one GI gun would make only previous SIO seismic studies and on the modeling, estimates of the a small difference in the 180- or 190-dB associated EAs, IHA applications, and maximum distances from the GI guns radius, probably not enough to allow IHAs. The mitigation and monitoring where sound levels of 160, 180, and 190 continued one-gun operations if a measures described herein represent a dB re 1 microPa (rms) are predicted to mammal came within the safety radius

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for two guns. Mitigation measures that Monitoring and before the start of the seismic will be adopted are SIO proposes to sponsor marine survey will be given instruction in how to do so. —Speed or course alteration; mammal monitoring during the present Standard equipment for marine project, in order to implement the —Ramp-up and shut-down procedures; mammal observers will be 7 × 50 reticle proposed mitigation measures that —Specific start-up measures for night binoculars and optical range finders. At require real-time monitoring, and to operations; night, night vision equipment will be satisfy the anticipated monitoring available. The observers will be in —Operation of GI guns only in water requirements of the Incidental wireless communication with ship’s greater than 3,000 m (8,621 ft) deep. Harassment Authorization. SIO’s officers on the bridge and scientists in Speed or Course Alteration—If a proposed Monitoring Plan is described the vessel’s operations laboratory, so marine mammal is detected outside the here. they can advise promptly of the need for safety radius and, based on its position The monitoring work has been avoidance maneuvers or GI gun power- and the relative motion, is likely to planned as a self-contained project down or shut-down. enter the safety radius, the vessel’s independent of any other related The vessel-based monitoring will speed and/or direct course may, when monitoring projects that may be provide data required to estimate the practical and safe, be changed in a occurring simultaneously in the same numbers of marine mammals exposed to manner that also minimizes the effect regions. SIO is prepared to discuss various received sound levels, to on the planned science objectives. The coordination of its monitoring program document any apparent disturbance marine mammal activities and with any related work that might be reactions, and thus to estimate the movements relative to the seismic vessel done by other groups insofar as this is numbers of mammals potentially will be closely monitored to ensure that practical and desirable. ‘‘taken’’ by harassment. It will also the animal does not approach within the Vessel-Based Visual Monitoring provide the information needed in order safety radius. If the animal appears to shut down the GI guns at times when Either dedicated marine mammal likely to enter the safety radius, further mammals are present in or near the observers (MMOs) or other vessel-based mitigative actions will be taken, i.e., safety zone. When a mammal sighting is personnel will watch for marine either further course alterations or shut made, the following information about mammals near the seismic source vessel down of the GI guns. the sighting will be recorded: during all daytime and nighttime GI gun Shut-down Procedures—If a marine 1. Species, group size, age/size/sex operations. GI gun operations will be mammal is detected outside the safety categories (if determinable), behavior suspended when marine mammals are radius but is likely to enter the safety when first sighted and after initial observed within, or about to enter, radius, and if the vessel’s course and/or sighting, heading (if consistent), bearing designated safety radii where there is a speed cannot be changed to avoid and distance from seismic vessel, possibility of significant effects on having the animal enter the safety sighting cue, apparent reaction to hearing or other physical effects. At radius, the GI guns will be shut down seismic vessel (e.g., none, avoidance, least one dedicated vessel-based MMO before the animal is within the safety approach, paralleling, etc.), and will watch for marine mammals near the radius. Likewise, if a marine mammal is behavioral pace. already within the safety radius when seismic vessel during daylight periods 2. Time, location, heading, speed, first detected, the GI guns will be shut with seismic operations, and two MMOs activity of the vessel (shooting or not), down immediately. will watch for marine mammals for at sea state, visibility, cloud cover, and sun least 30 min prior to start-up of GI gun GI gun activity will not resume until glare. operations. Observations of marine the animal has cleared the safety radius. The data listed under (2) will also be mammals will also be made and The animal will be considered to have recorded at the start and end of each recorded during any daytime periods cleared the safety radius if it is visually observation watch and during a watch, without GI gun operations. At night, the observed to have left the safety radius, whenever there is a change in one or forward-looking bridge watch of the or if it has not been seen within the more of the variables. ship’s crew will look for marine radius for 15 min (small odontocetes All mammal observations and GI gun mammals that the vessel is approaching and pinnipeds) or 30 min (mysticetes shutdowns will be recorded in a and execute avoidance maneuvers; the and large odontocetes, including sperm, standardized format. Data will be 180dB/190dB safety radii around the GI pygmy sperm, dwarf sperm, beaked, and entered into a custom database using a guns will be continuously monitored by bottlenose whales). notebook computer when observers are an aft-looking member of the scientific off duty. The accuracy of the data entry Ramp-up Procedures—A modified party, who will call for shutdown of the will be verified by computerized data ‘‘ramp-up’’ procedure will be followed guns if mammals are observed within validity checks as the data are entered, when the GI guns begin operating after the safety radii. Nighttime observers and by subsequent manual checking of a period without GI gun operations. The will be aided by (aft-directed) ship’s the database. Those procedures will two GI guns will be added in sequence lights and NVDs. allow initial summaries of data to be 5 minutes apart. During ramp-up Observers will be on duty in shifts prepared during and shortly after the procedures, the safety radius for the two usually of no longer than two hours in field program, and will facilitate transfer GI guns will be maintained. duration. Use of two simultaneous of the data to statistical, graphical, or Night Operations—At night, vessel observers prior to start up will increase other programs for further processing lights and/or night vision devices the detectability of marine mammals and archiving. (NVDs) will be used to monitor the present near the source vessel, and will Results from the vessel-based safety radius for marine mammals while allow simultaneous forward and observations will provide: airguns are operating. Nighttime start up rearward observations. Bridge personnel 1. The basis for real-time mitigation of the GI guns will only occur in additional to the dedicated marine (GI gun shut down). situations when the entire safety radius mammal observers will also assist in 2. Information needed to estimate the is visible for the entire 30 minutes prior detecting marine mammals and number of marine mammals potentially to start-up. implementing mitigation requirements, taken by harassment.

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3. Data on the occurrence, In 2003, NSF prepared an fact that 200–205 dB isopleths would be distribution, and activities of marine Environmental Assessment (EA) for a well within 15 m (41 ft) of the vessel; mammals in the area where the seismic marine seismic survey by the R/V and (4) the likelihood that marine study is conducted. Maurice Ewing in the Hess Deep Area of mammal detection ability by trained 4. Information to compare the the Eastern Tropical Pacific Ocean. This observers is close to 100 percent during distance and distribution of marine EA addressed the potential effects of a daytime and remains high at night to mammals relative to the source vessel at much larger airgun array (10 airguns, that distance from the seismic vessel. As times with and without seismic activity. total volume 3005 in3) being operated in a result, no take by injury or death is 5. Data on the behavior and the same part of the ocean as is anticipated, and the potential for movement patterns of marine mammals proposed for the R/V Roger Revelle in temporary or permanent hearing seen at times with and without seismic this application. NMFS has posted this impairment is very low and will be activity. EA on the NMFS Web site and solicits avoided through the incorporation of public comments regarding impacts to the proposed mitigation measures Reporting marine mammals with respect to this mentioned in this document. A report will be submitted to NMFS proposed IHA. NMFS will review the NMFS has preliminarily determined within 90 days after the end of the ETP EA and the public comments on the IHA that small numbers of 12 species of cruise, which is predicted to occur application and subsequently either cetaceans may be taken by Level B around 01 April, 2006. The report will adopt the existing EA or prepare its own harassment. While the number of describe the operations that were NEPA document before making a incidental harassment takes will depend conducted and the marine mammals determination on the issuance of an on the distribution and abundance of that were detected near the operations. IHA. The aforementioned EA is marine mammals in the vicinity of the The report will be submitted to NMFS, available upon request or on the NMFS survey activity, the estimated number of providing full documentation of Web site (see ADDRESSES). Comments potential harassment takings is not methods, results, and interpretation regarding impacts to marine mammals expected to greater than 0.72 percent of pertaining to all monitoring. The 90-day may be submitted by mail, fax, or e-mail the population of any of the stocks report will summarize the dates and (see ADDRESSES). All other comments affected (see Table 1). In addition, the locations of seismic operations, marine should be addressed to SIO or the proposed seismic program will not mammal sightings (dates, times, National Science Foundation. interfere with any legal subsistence hunts, since seismic operations will not locations, activities, associated seismic Preliminary Conclusions survey activities), and estimates of the be conducted in the same space and amount and nature of potential ‘‘take’’ NMFS has preliminarily determined time as the hunts in subsistence whaling of marine mammals by harassment or in that the impact of conducting the and sealing areas and will not adversely other ways. seismic survey in the ETP may result, at affect marine mammals used for worst, in a temporary modification in subsistence purposes. Endangered Species Act behavior by certain species of marine Proposed Authorization Under section 7 of the ESA, the mammals. This activity is expected to National Science Foundation (NSF) has result in no more than a negligible NMFS proposes to issue an IHA to begun consultation on this proposed impact on the affected species or stocks. SIO for conducting a low-intensity seismic survey. NMFS will also consult For reasons stated previously in this oceanographic seismic survey in the on the issuance of an IHA under section document, this preliminary ETP, provided the previously 101(a)(5)(D) of the MMPA for this determination is supported by: (1) The mentioned mitigation, monitoring, and activity. Consultation will be concluded likelihood that, given sufficient notice reporting requirements are incorporated. prior to a determination on the issuance through slow ship speed and ramp-up, NMFS has preliminarily determined of an IHA. Preliminarily, NMFS believes marine mammals are expected to move that the proposed activity would result that the only ESA listed species that away from a noise source that is in the harassment of small numbers of may experience Level B Harassment is annoying prior to its becoming marine mammals; would have no more the sperm whale. potentially injurious; (2) recent research than a negligible impact on the affected that indicates that TTS is unlikely (at marine mammal stocks; and would not National Environmental Policy Act least in delphinids) until levels closer to have an unmitigable adverse impact on (NEPA) 200–205 dB re 1 microPa are reached the availability of species or stocks for BILLING CODE 3510–22–P rather than 180 dB re 1 microPa; (3) the subsistence uses.

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Dated: January 16, 2006. SUPPLEMENTARY INFORMATION: Boatracs contracts their satellite James H. Lecky, communication services from I. VMS Mobile Transceiver Units Director, Office of Protected Resources, QUALCOMM Corporation of California. National Marine Fisheries Service. BOATRACS - Fisheries Mobile QUALCOMM offers 24x7, 365 days a [FR Doc. 06–532 Filed 1–19–06; 8:45 am] Communications Terminal with GPS year network support, and operates fully BILLING CODE 3510–22–C The Boatracs satellite redundant earth stations in California communications VMS transmitting unit and Nevada. VMS units must be installed in that meets the minimum technical DEPARTMENT OF COMMERCE accordance with vendor instructions requirements for the Pacific Coast and specifications. All installation costs Groundfish Fishery is the BOATRACS - National Oceanic and Atmospheric are paid by the owner. The vessel owner FMTC/G. The address for the Boatracs Administration is required to fax or mail the Activation distributor is provided under the Fax directly to NOAA Enforcement, [I.D. 120605B] heading VMS Provider Addresses. The FMTC/G is an integrated GPS 7600 Sand Point Way, Seattle, WA Vessel Monitoring Systems; Additional two-way satellite communications 98115, fax 206–526–6528. Approved Mobile Transmitting Units The owner must confirm the FMTC/ system, consisting of two major for Use in the Fisheries Off the West G operation and communications hardware components, the Mobile Coast States and in the Western service to ensure that position reports Communication Transceiver (MCT) and Pacific; Pacific Coast Groundfish are automatically sent to and received the Enhanced Display Unit (EDU). The Fishery by OLE before leaving on their first MCT contains the antenna and fishing trip requiring VMS. OLE does AGENCY: integrated GPS that communicates with National Marine Fisheries not regard the fishing vessel as meeting the satellite and contains the operating Service (NMFS), National Oceanic and the requirements until position reports Atmospheric Administration (NOAA), circuitry and memory. The EDU is a are automatically received. For Commerce. shock and splash-resistant display and confirmation purposes, owners must keyboard unit consisting of, a liquid ACTION: Notice; additional approval of contact the NOAA Enforcement, 7600 crystal display, keyboard, with vessel monitoring systems. Sand Point Way, Seattle, WA 98115, adjustable contrast, brightness, and voice 206–526–6135, fax 206–526–6528. SUMMARY: This document provides audible alerts. A backlight illuminates notice of vessel monitoring systems the display for night view. The EDU has III. VMS Provider Addresses (VMS) approved by NOAA for use by message waiting, no signal, and audible vessels participating in the Pacific Coast Boatracs corporate office address is message received indicators. 9155 Brown Deer Rd, Suite 8, San Groundfish Fishery and sets forth The MCT is 6.7 inches high by 11.4 relevant features of the VMS. Diego, CA. 92121. The primary point of inches wide and weighs 11 pounds. The contact is Lauri Paul, Fisheries Market ADDRESSES: To obtain copies of the list base of the unit is 6.595 inches in Segment Executive, e-mail of NOAA-approved VMS mobile diameter. The MCT draws [email protected], direct telephone transmitting units and NOAA-approved approximately 2.3 amps of current from number (858)458–8113, and toll free VMS communications service providers, the power supply while transmitting (877)468–8722 ext 113. The alternate or information regarding the status of and 1.2 amps when the vessel is idle. contact is David Brandos, e-mail VMS systems being evaluated by NOAA The EDU is a hardened and splash [email protected], direct for approval, write to NOAA Fisheries proof keyboard display unit with a 15– telephone number (858)458–8102, and Office for Law Enforcement (OLE), 8484 line X 40–character screen that allows toll free (877)468–8722 ext 102. Georgia Avenue, Suite 415, Silver for both text and graphics. It is 12.72 Spring, MD 20910. inches wide by 9.3 inches long by 2.21 Dated: January 13, 2006. To submit a completed and signed inches in depth, and weighs 3 pounds William T. Hogarth, checklist, mail or fax it to NOAA and is holster-mounted in the cabin. Assistant Administrator for Fisheries, Enforcement, 7600 Sand Point Way, National Marine Fisheries Service. Seattle, WA 98115, fax 206–526–6528. II. Satellite Communication Services [FR Doc. E6–649 Filed 1–19–06; 8:45 am] For more addresses regarding approved The FMTC/G utilizes KU band BILLING CODE 3510–22–S VMS, see the SUPPLEMENTARY geostationary satellite to provide two- INFORMATION section, under the heading way date services. The data satellite VMS Provider Addresses. The public transmits and receives all two-way DEPARTMENT OF DEFENSE may acquire this notice, installation message traffic between the vessel and checklist, and relevant updates by NMFS, Shore Office, Network Department of the Army; Corps of calling 301–427–2300. Operations Center or third party. The Engineers FOR FURTHER INFORMATION CONTACT: For Satellite is located 22,300 miles over the current listing information contact Mark equator at 103° W. long. (south of Availability of Baltimore Harbor and Oswell, Outreach Specialist, phone Florida). Channels Dredged Material 301–427–2300, fax 301–427–2055. For Boatracs operates a redundant NOC. Management Plan and Final Tiered questions regarding VMS installation, This facility is online 24 hours a day, Environmental Impact Statement activation checklists, and status of 365 days a year, including holidays. AGENCY: Department of the Army, U.S. evaluations, contact Jonathan Pinkerton, Customer service representatives are Army Corps of Engineers, DoD. National VMS Program Manager, phone available to relay messages and provide ACTION: Notice of availability. 301–427–2300; fax 301–427–2055. For customer service. The NOC is also the questions regarding the checklist, facility that allows for automatic boat- SUMMARY: In accordance with the contact Joe Albert, Northwest Divisional to-boat, boat-to-e-mail, boat-to-fax, and requirements of the National VMS Program Manager, NMFS Office e-mail-to-boat service. Data on demand Environmental Policy Act, the U.S. for Law Enforcement, Northwest and information services are also Army Corps of Engineers (USACE), Division, phone 206–526–6135. provided by the NOC. Baltimore District has prepared a Final

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Tiered Environmental Impact Statement requires dredging of channels to the DMMP were urged to participate in (FTEIS) and Dredged Material adequately meet the needs of one or both meetings. Management Plan (DMMP) to analyze waterborne transportation. Operating The Final TEIS may be viewed on the dredged material placement for the Port and maintaining the nation’s harbors Baltimore District’s Web page at of Baltimore for 20 years of maintenance and waterways, which includes the http: and new work dredging. USACE is placement and/or management of //www.nab.usace.army.mil/projects// making the document available to the dredged material, is an increasingly DMMP/index.html. USACE has public through a Notice of Availability challenging task. USACE continues its distributed copies of the TEIS to published in the Federal Register. The priority mission to plan and implement appropriate members of Congress, State overall goal of the DMMP is to develop sound management of dredged and local government officials, Federal a plan to maintain, in an economically materials. agencies, and other interested parties. and environmentally sound manner, Since 1824, the USACE Baltimore Copies are available for public review at channels necessary for navigation for District has been actively involved in the following locations: the Port of Baltimore, conduct dredged constructing and maintaining a system (1) Queen Anne’s Public Library, material placement in the most of channels to allow large, deep-draft Stevensville Branch, 200 Library Circle, environmentally sound manner, and commercial shipping vessels to call on Stevensville, MD 21666. maximize the use of dredged material as the Port of Baltimore. In addition to the (2) Baltimore County Public Library, a beneficial resource. The shipping channels, a number of 1110 Eastern Boulevard, Baltimore, MD recommendations which will provide a anchorage areas were established within 21221. minimum of 20 years of dredged the Port of Baltimore for vessels (3) Anne Arundel County Public material placement capacity for the Port requiring layover. The existing project Library, 1410 West Street, Annapolis, of Baltimore are: for the Baltimore Harbor and Channels MD 21401. • Continued maintenance dredging of was authorized by the River and Harbor (4) St. Mary’s County Public Library, the Virginia channels and use of the Act of August 8, 1917 and was modified 23250 Hollywood Road, Leonardtown, existing open-water placement sites in by the River and Harbor Acts of January MD 20650. Virginia (Dam Neck Open Water 1927, July 1930, October 1940, March (5) Somerset County Public Library, Placement; Rappahannock Shoal Deep 1945, July 1958, and December 1970. 11767 Beachwood St., Princess Anne, Alternate Open Water Placement; and The USACE Engineering Regulation MD 21853. Wolf Trap Alternate Open Water (ER) 1105–2–100 mandates that the (6) Dorchester County Public Library, Placement). USACE Districts develop a DMMP for 303 Gay Street, Cambridge, MD 21613. • Continued maintenance dredging of all federally maintained navigation For information on this document or the Maryland channels and use of the harbor projects where there is an to obtain copies, please contact Mr. existing sites in Maryland including indication of insufficient placement Mark Mendelsohn (see ADDRESSES). Pooles Island Open Water Site, Hart- capacity to accommodate maintenance The Final TEIS has been prepared in Miller Island Dredged Material dredging for the next 20 years. The accordance with (1) The National Containment Facility (HMI DMCF), Cox DMMP is a planning document that Environmental Policy Act (NEPA) of Creek Confined Disposal Facility (CDF) ensures maintenance-dredging activities 1969, as amended (42 U.S.C. 4321 et (+36 ft dike height), and Poplar Island are performed in an environmentally seq.), (2) regulations of the Council on Environmental Restoration Project acceptable manner, use sound Environmental Quality for (PIERP). engineering techniques, and are implementing the procedural provisions • Multiple confined disposal facilities economically justified. A DMMP of NEPA (40 CFR parts 1500–1508), and for harbor material in Patapsco River. addresses a full range of placement (3) USACE regulations implementing • PIERP Expansion in Talbot County, alternatives, leading to the selection of NEPA (ER–200–2–2). A record of Maryland. a final plan that ensures that sufficient decision (ROD) for this project will not • Large Island Restoration in Middle placement capacity is available for the be signed until at least 30 days from the Chesapeake Bay, Maryland. next 20 years. date of EPA’s notice of availability • Wetland Restoration in Dorchester The DMMP for the Baltimore Harbor publication in the Federal Register. County, Maryland. and Channels project has been • Continue to pursue opportunities to developed using a consistent and logical Mark Mendelsohn, innovatively use dredged material. procedure by which dredged material Biologist, Baltimore District, USACE. ADDRESSES: U.S. Army Corps of management alternatives have been [FR Doc. 06–484 Filed 1–19–06; 8:45 am] Engineers, Baltimore District, Attn: Mr. identified, evaluated, screened, and Mark Mendelsohn, Planning Division, recommended so that dredged material BILLING CODE 3710–41–M P.O. Box 1715, Baltimore, MD 21203– placement operations are conducted in a timely, environmentally sensitive, and 1715, or electronically to DEPARTMENT OF DEFENSE [email protected]. cost-effective manner. A Notice of Intent to prepare and FOR FURTHER INFORMATION CONTACT: Mr. Environmental Impact Statement was Department of the Navy Mark Mendelsohn, Biologist, USACE, published in the Federal Register in Notice of Availability for the Draft 2006 Baltimore District, Planning Division, May 2002 and scoping meetings were Supplemental Environmental (410) 962–9499 or (800) 295–1610. held in June 2002. The public was Assessment to the 2002 Rim of the SUPPLEMENTARY INFORMATION: A key invited to provide oral comments at the Pacific Programmatic Environmental mission of the U.S. Army Corps of scoping meetings and to submit Assessment, Hawaii Engineers is to provide safe, reliable, additional comments to the Baltimore and efficient waterborne transportation District. The Draft TEIS was distributed AGENCY: Department of the Navy, DoD. systems (channels, harbors, and to the public on February 9, 2005. Two ACTION: Notice. waterways) for movement of commerce, public meetings on the Draft TEIS were national security needs, and recreation. held in March 2005. All persons and SUMMARY: Pursuant to section 102(2)(C) Accomplishing this successfully organizations that have an interest in of the National Environmental Policy

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Act (NEPA) of 1969 and the Council on hostile scenarios. In 2002, a incorporating the results into this Environmental Quality Regulations (40 Programmatic EA (PEA) was prepared in Supplemental PEA. The Antisubmarine CFR, Parts 1500–1508) implementing support of the RIMPAC exercises. The Warfare (ASW) training events being the procedural provisions of NEPA, the PEA identified the Proposed Action as analyzed are not new and have taken United States Department of the Navy the set of exercises and locations that place with no significant changes over (Navy) gives notice that a draft would be used for RIMPAC activities for the previous 19 RIMPAC exercises. Supplement to the Programmatic the foreseeable future. It identified the However, new scientific information has Environmental Assessment maximum usage of ongoing training led to the ability to quantitatively (Supplemental PEA) has been prepared assets and exercises that could be identify harassment levels, as defined in to evaluate the environmental impacts conducted within a given RIMPAC the Marine Mammal Protection Act associated with implementation of the event and evaluated the impacts on the (MMPA), through the use of newly 2006 Rim of the Pacific (RIMPAC) environment within those bounds. The derived threshold criteria metrics. exercises. RIMPAC 2006 is scheduled to FONSI for the RIMPAC PEA, signed Additionally, scientific advances in be conducted from about June 26 to July June 11, 2002, concluded that as long as effects-analysis modeling of sound on 28, 2006. The United States National future RIMPAC exercises did not exceed marine mammals have provided Navy Marine Fisheries Service (NMFS), the evaluated set of activities, the the ability to predict cumulative effects National Atmospheric and Oceanic Proposed Action could be implemented on marine species due to a proposed Administration (NOAA), Department of without supplemental NEPA action. Due to these advances in Commerce, is a cooperating agency in documentation. Thus, the scope of each scientific information, the 2006 the preparation of this draft future RIMPAC exercise has been Supplemental PEA provides an effects- Supplemental PEA. evaluated for any emergent science analysis on marine mammals that may DATES: Written comments on the draft affecting impact analysis and for be affected by the RIMPAC training EA are requested not later than February consistency with the 2002 RIMPAC PEA events that use mid-frequency active 21, 2006. Comments should be specific and its FONSI. sonar. as possible. Comments should be mailed The 2006 Supplement to the 2002 Based on the assumptions and to: Commander, U.S. Pacific Fleet RIMPAC PEA was prepared to evaluate analyses in the draft SPEA, the additional training event locations and (N01CE1), 251 Makalapa Drive, Pearl proposed action appears to have no to review all proposed RIMPAC 2006 Harbor, HI 96860. For additional significant impacts on the environment. activities to the analysis in the 2002 information, write to the above address However, Navy will consider and RIMPAC PEA and a 2004 Supplement to or call Pacific Fleet Environmental incorporate public comments into the ensure all proposed activities are Office at 808-474–7836. final SPEA before making a decision on addressed. The review included an the environmental significance of the ADDRESSES: Copies of the Supplemental evaluation of: training levels (personnel PEA addressing the proposed action are proposed action. If warranted, a Finding and equipment) and types of equipment; of No Significant Impact (FONSI) will available by written request to the above facilities and procedures for address. Copies of the draft be prepared and the final Supplemental implementing RIMPAC at each PEA and FONSI will be made available Supplemental PEA are also available for installation or range; and changes in the public review at the project Web site at for public review on or about May 5, affected environment or environmental 2006. http://www.smdcen.us/rimpac06/. In sensitivities. In addition, the 2006 addition, the document may be Supplemental PEA also includes a Dated: January 10, 2006. reviewed at the following locations: description of the Antisubmarine Eric McDonald, 1. Wailuku Public Library, 251 High Warfare (ASW) operations, and the Lieutenant Commander, Judge Advocate Street, Wailuku, HI 96793 (Maui). ASW acoustic effects modeling General’s Corps, U.S. Navy, Federal Register 2. Hilo Public Library, 300 completed for RIMPAC 2006. Liaison Officer. Waianaenue Avenue, Hilo, HI 96720. The only change being proposed is [FR Doc. E6–647 Filed 1–19–06; 8:45 am] 3. Hawaii State Library, Hawaii and the location for conducting the Non- BILLING CODE 3810–FF–P Pacific Section Document Unit, 478 Combatant Evacuation Operation (NEO) South King Street, Honolulu, HI 96813 at the Pacific Missile Range Facility (Oahu). (PMRF) and Niihau. No new training DEPARTMENT OF DEFENSE 4. Lihue Public Library, 4344 Hardy events are proposed. The NEO training Street, Lihue, HI 96766 (Kauai). event locations at PMRF and Niihau, Department of the Navy FOR FURTHER INFORMATION CONTACT: when added to the Proposed Action Notice of Intent (NOI) To Prepare an Pacific Fleet Environmental Office at assessed in the RIMPAC PEA and 2004 Environmental Assessment for the Use 808–474–7836 or write to Commander, Supplement, form the Proposed Action of a More Efficient Shipping Container U.S. Pacific Fleet (N01CE1), 251 for the purpose of the draft 2006 System for Spent Nuclear Fuel From Makalapa Drive, Pearl Harbor, HI 96860. Supplemental PEA. SUPPLEMENTARY INFORMATION: RIMPAC Accordingly, the analysis conducted Naval Aircraft Carriers has been conducted at various locations in the draft Supplemental PEA focused AGENCY: Department of the Navy, DoD. throughout the State of Hawaii and on the following resources: terrestrial ACTION: Notice. surrounding ocean areas biennially for and marine environments and cultural the last 36 years. The purpose of resources. Specifically, the 2006 SUMMARY: Pursuant to the National RIMPAC is to implement a selected set Supplemental PEA includes analysis Environmental Policy Act (NEPA) of of exercise activities that are combined related to mid-frequency active sonar 1969, as amended (42 U.S.C. 4321 et into a multinational, sea control/power based on application of emergent seq.), the Council on Environmental projection Fleet training exercise in a science. Long-term studies of the Quality Regulations for Implementing multi-threat environment. RIMPAC quantification and effects of exposure of the Procedural Provisions of NEPA (40 exercises enhance the abilities of a marine mammal species to acoustic CFR parts 1500–1508), and the Chief of multinational Fleet force to emissions are progressing, and Navy, in Naval Operations Environmental and communicate and operate in simulated coordination with the NMFS, is Natural Resources Program Manual

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(OPNAV Instruction 5090.1B), the support of national defense. The aircraft and to minimize the number of Department of the Navy, Naval Nuclear carrier spent nuclear fuel assemblies containers that must be procured and Propulsion Program, announces its would be loaded directly into the new maintained. To support container intent to prepare an Environmental containers and shipped to NRF in Idaho turnaround, the Navy is evaluating the Assessment (EA) on the potential for temporary storage and processing, option of increasing spent fuel receiving environmental impacts associated with which includes examination, removal of capability at NRF to include temporary using a more efficient shipping non-fuel structural components, and dry storage of spent nuclear fuel prior to container system for spent nuclear fuel placement into canisters that are ready processing. The fuel would be stored in to support refueling and defueling U.S. for shipment to the geologic repository. concrete shielded overpacks in the Navy nuclear-powered aircraft carriers This method of direct loading of Naval temporary dry storage building. at Newport News Shipbuilding and Dry spent nuclear fuel into shipping Operations for temporary dry storage of Dock Company (NNS) in Virginia, and containers and removing non-fuel spent nuclear fuel prior to processing the associated rail shipment of this structural components at NRF is the would be similar to current NRF spent nuclear fuel to the Naval Reactors same processing approach used for operations for temporary dry storage Facility (NRF) in Idaho for temporary submarines. after processing. storage. The Naval Nuclear Propulsion The EA will evaluate the DATES: Interested parties are invited to Program’s conservative design practices environmental impacts associated with provide comments on environmental and stringent operating procedures have the new container, construction of a issues and concerns relative to this NOI resulted in a demonstrated safety record new shipping container loading facility and the scope of the EA, on or before for Naval nuclear propulsion plants at NNS, loading the shipping containers February 21, 2006, to ensure full with respect to operations, with Naval spent nuclear fuel at NNS, consideration during the completion of transportation, and handling of spent and transport from the shipyard to NRF. the EA. nuclear fuel. There has never been an The EA will evaluate the modification accident resulting in personnel injury or ADDRESSES: All comments should of facilities at NRF, unloading the spent release of radioactivity to the include name, organization, and mailing nuclear fuel assemblies, temporary dry environment in over 1.5 million miles address. Written comments should be storage, disassembly of the spent traveled by the Naval spent fuel addressed to Mr. Alan Denko (08U- nuclear fuel from its non-fuel structural shipping containers. The new longer Naval Reactors), Naval Sea Systems components, and disposal of the non- shipping container would be designed Command, 1240 Isaac Hull Avenue, SE fuel structural components. The to the same robust criteria and Federal Stop 8036, Washington Navy Yard, DC environmental impacts associated with regulations as current Naval spent 20376–8036. Comments provided by E- these operations are expected to be nuclear fuel shipping containers. These Mail should use the following address: similar to those associated with the use regulations require that the shipping [email protected]. of existing shipping container systems. container meet specific criteria for Comments provided via phone should Use of the proposed new container protection of the public and the use this number: 1–866–369–4802. system will not impact continued environment under normal transport as SUPPLEMENTARY INFORMATION: Consistent compliance with the 1995 Settlement well as accident conditions. The new Agreement between the U.S. Navy and with the Record of Decision for the container will meet the same high April 1995 Department of Energy the State of Idaho concerning the standards as existing shipping management of Naval spent nuclear Programmatic Environmental Impact containers with respect to minimizing fuel. Statement (EIS) for Spent Nuclear Fuel radiation exposure to the public and The EA will also address the viability Management, Naval spent nuclear fuel workers. is shipped by rail from refueling The increased length of the containers of alternative actions to the proposed shipyards to NRF in shipping containers would require new railcars capable of action to use the new longer shipping meeting Nuclear Regulatory carrying containers in a horizontal container system. These alternatives Commission (NRC) and Department of position, versus the vertical position include (1) Changing the aircraft carrier Transportation (DOT) requirements. used for current container designs. The defueling/refueling schedules, (2) These requirements provide for public new railcars and containers would meet increasing the facilities at the refueling safety and protect the environment. A NRC and DOT regulations and provide shipyard, (3) procurement of additional new shipping container system is being equivalent safety to existing design shipping containers of the existing proposed to provide improved support railcars and containers used for design, (4) performing some activities at for the refueling schedules and transporting Naval spent nuclear fuel. other facilities, and (5) the no action operational needs of the U.S. Navy fleet, Construction of a new facility at NNS alternative, continuing to use the while continuing to provide for public to support loading the longer shipping existing shipping containers. safety and environmental protection. containers would be needed. Equipment Dated: January 6, 2006. The new shipping containers would be used to remove and transfer the spent Eric McDonald, longer than existing containers and nuclear fuel assemblies from the ship to Lieutenant Commander, Judge Advocate could be used for any type of Naval the new shipping container would be General’s Corps, U.S. Navy, Federal Register spent nuclear fuel; however, their the same as that currently used for Liaison Officer. primary function would be to transport aircraft carrier defueling/refueling [FR Doc. 06–289 Filed 1–19–06; 8:45 am] aircraft carrier spent nuclear fuel operations. BILLING CODE 3810–FF–P assemblies without disassembly of the No new facilities would be needed at spent nuclear fuel from its non-fuel NRF, but minor facility modifications structural components. Elimination of would be required to support unloading this disassembly operation at the of the new containers and to allow for ELECTION ASSISTANCE COMMISSION shipyard would result in more efficient scheduled return of the containers to Sunshine Act Notice; Meeting defueling/refueling operations, which NNS. The return of the emptied are necessary to meet the current shipping containers to NNS is needed to AGENCY: United States Election refueling schedules for the fleet in support defueling/refueling schedules Assistance Commission.

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ACTION: Notice of public meeting supply to much of the central business DATES: Comments on this notice and on agenda. district of the District of Columbia, issues to be addressed in the SEA many federal institutions, the should be submitted to DOE on or DATE AND TIME: Thursday, February 2, Georgetown area in DC, as well as other before February 21, 2006. 2006, 10 a.m.–1 p.m. portions of Northwest DC, and the ADDRESSES: Comments should be PLACE: Hyatt Regency (Valley Forge District of Columbia Water and Sewer addressed to: Lawrence Mansueti, Room), 400 New Jersey Avenue, NW., Authority’s Blue Plains Advanced Water Permitting, Siting, and Analysis Washington, DC 20001. (Metro Stop: Treatment Plant (collectively referred to Division, Office of Electricity Delivery Union Station). herein as the ‘‘Central DC area’’), and Energy Reliability (OE–20), U.S. AGENDA: The Commission will receive placing these electrical customers in Department of Energy, 1000 the following reports: Title II risk of a blackout. Independence Avenue, SW., Requirements Payments Update; and After an exhaustive review of the Washington, DC 20585–0119; telephone: updates on other administrative matters. facts, and consultation with Federal and 202–586–2588; fax: 202–586–5860; The Commission will receive state officials responsible for [email protected]. presentations on the following topics: environmental compliance and the FOR FURTHER INFORMATION CONTACT: For Implementation of the EAC Voting private entities responsible for further information on this Notice, to System Certification Program. electricity transmission, the Secretary of obtain paper copies of the Order and This meeting will be open to the the Department of Energy on December compliance plan, to submit comments public. 20, 2005, issued an emergency order on the compliance plan, or for FOR FURTHER INFORMATION CONTACT: (the ‘‘Order’’) directing the Plant’s information on the emergency activities Bryan Whitener. Telephone: (202) 566– owner, Mirant, to generate electricity at related to the Plant, contact Mr. 3100. the coal-fired Plant under certain, Mansueti at the above address. In limited circumstances. The section addition, all publicly available Ray Martinez III, below on ‘‘Further Information’’ documents, including the Order and Vice-Chairman, U.S. Election Assistance includes information on how to obtain compliance plan, are available on DOE’s Commission. paper and electronic copies of the Web site for this matter at http:// [FR Doc. 06–607 Filed 1–18–06; 3:32 pm] Order. www.electricity.doe.gov/about/ BILLING CODE 6820–KF–M In emergency situations such as this dcpsc_docket.cfm or via hyperlinks one, the Council on Environmental from that Web site (referred to herein as Quality (CEQ) Regulations the ‘‘Mirant matter Web site’’). Copies of DEPARTMENT OF ENERGY Implementing the Procedural the SEA will also be available on the Requirements of NEPA at 40 CFR DOE NEPA Web site at http:// Emergency Order To Resume Limited 1506.11 provide that a federal agency www.eh.doe.gov/nepa/. Operation at the Potomac River may take an action with significant For information on the DOE NEPA Generating Station, Alexandria, VA, in environmental impacts without process, please contact: Carol M. Response to Electricity Reliability observing the provisions of the NEPA Borgstrom, Director, Office of NEPA Concerns in Washington, DC regulations associated with preparing an Policy and Compliance (EH–42), U.S. AGENCY: Department of Energy. Environmental Impact Statement (EIS). Department of Energy, 1000 Instead, the agency should consult with ACTION: Notice of emergency action. Independence Avenue, SW., CEQ to determine what alternative Washington, DC 20585–0119; telephone: SUMMARY: Pursuant to 10 CFR 1021.343, arrangements the agency will take in 202–586–4600; fax: 202–586–7031; or the U.S. Department of Energy is issuing lieu of preparing a normal NEPA EIS. leave a toll-free message at: 1–800–472– this Notice to document emergency DOE has consulted with CEQ about 2756. actions that it has taken, and to set forth alternative arrangements it will take in SUPPLEMENTARY INFORMATION: the steps it intends to take in the future, this matter and is publishing this notice to comply with the National to inform the public of those Procedural Background Environmental Policy Act (NEPA) in the arrangements pursuant to DOE’s NEPA On August 19, 2005, Mirant submitted matter described in this Notice. regulations at 10 CFR 1021.343. to the Virginia Department of On August 24, 2005, Mirant Consistent with its consultation with Environmental Quality (DEQ) a Corporation, and its wholly owned CEQ, DOE will implement the following computerized emissions modeling study subsidiary, Mirant Potomac River, LLC alternative arrangements: (1) Prepare a Mirant had conducted of its Plant that (collectively referred to herein as Special Environmental Analysis (SEA) indicated that emissions from the Plant Mirant), ceased operations at its that will examine the potential impacts caused or contributed to significant Potomac River Generating Station (the from issuance of the order, and identify localized exceedances of the NAAQS. ‘‘Plant’’) in Alexandria, Virginia, after potential mitigation measures; (2) Also on August 19, 2005, DEQ issued a modeling that it conducted indicated provide opportunities for public letter to Mirant which requested ‘‘that that the Plant’s operations were causing involvement by disseminating Mirant immediately undertake such exceedances of the National Ambient information related to the action as is necessary to ensure Air Quality Standards (NAAQS) of the environmental effects of Mirant’s protection of human health and the Clean Air Act. On the same day, the operations and by accepting public environment, in the area surrounding District of Columbia Public Service comment on this notice, the compliance the Potomac River Generating Station, Commission (DCPSC) filed with the U.S. plan Mirant submitted to DOE, and the including the potential reduction of Department of Energy (DOE or SEA; (3) continue consultations with levels of operation, or potential shut ‘‘Department’’), a petition for an appropriate agencies with regard to down of the facility.’’ (emphasis in emergency order pursuant to section relevant environmental issues; and (4) original). On August 24, 2005, Mirant 202(c) of the Federal Power Act (FPA), identify in the SEA any steps that DOE shut down all five of the generating asserting that the Plant’s closure believes can be taken to mitigate the units at the Plant, and on the same day, reduced the reliability of the electrical impacts from its Order. the District of Columbia Public Service

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Commission (DCPSC) filed an system, the Plant must be available to Central DC area is out of service as Emergency Petition and Complaint with run when one of the 230 kV lines is out specified by PJM for the duration of the DOE and the Federal Energy Regulatory of service, because if the remaining line outage, and (2) keep as many generating Commission (FERC) pursuant to the failed there would be no other source of units in operation and take all other Federal Power Act (FPA). The DCPSC electricity to serve the Central DC area measures to reduce the start-up time of requested the Secretary of Energy to find load. units not in operation, for the purpose that an emergency existed under section The outage of one of these two lines of providing electricity reliability, as 202(c) of the FPA and to issue an order is not merely a theoretical possibility. feasible, as determined by DOE after directing Mirant to continue operation Since 2000, there have been 34 one-line consideration of the plan submitted by of the Plant. The basis for the petition outages for maintenance, and seven Mirant pursuant to the Order and after was that the shutdown of the Plant occasions where one of the lines has consultation with EPA, without regard ‘‘* * * will have a drastic and failed unexpectedly. DOE has been to cost, and without causing or potentially immediate effect on the informed that, prior to 2000, there were significantly contributing to any electric reliability in the greater two occasions when both of the lines exceedance of the NAAQS. A blackout Washington, DC, area and could expose failed simultaneously. Moreover, just in the Central DC area would have hundreds of thousands of consumers, days before issuance of the Order, PJM drastic impacts on the environment, as agencies of the Federal Government and informed DOE on December 16, 2005, well as for the employees and citizens critical federal infrastructure to that on the previous night, ‘‘one of the of the Central DC area, affecting curtailments of electric service, load two circuits critical to providing service hundreds of thousands of residents and shedding and, potentially, blackouts.’’ to the District tripped. Continued workers, as well as public safety and On September 20, 2005, Mirant restarted [electric] service to certain load within protection facilities, including hospitals, its unit number one on an 8/8/8 basis— the District was at that time entirely police, and fire facilities. In addition, that is, in any given 24-hour period, the dependent on the remaining circuit.’’ DOE has been informed that within 24 unit runs for eight hours at its maximum Fortunately, full service to the line that hours of a blackout in the Central DC level of 88 MW, eight hours at its failed was restored by the morning of area, untreated sewage from the Blue minimum level of 35 MW, and has eight December 16, 2005. Nonetheless, there Plains Wastewater Treatment plant hours when it does not run. DOE has can be no assurance that the Central DC would be discharged into the Potomac been informed that both the U.S. area would be so lucky next time. In River. addition, the Potomac Electric Power Environmental Protection Agency (EPA) The time period for DOE’s Order Company (PEPCO) informed DOE that it and DEQ acknowledge that the extends through October 1, 2006. operation of this unit in this manner needed to perform maintenance on the does not result in any modeled NAAQS lines in January of 2006. Mirant’s Compliance Plan exceedances. The Order Pursuant to DOE’s Order, Mirant Electricity Reliability On December 20, 2005, DOE found submitted a compliance plan (referred The coal-fired Mirant Plant consists of that in the circumstances presented, an to as the Operating Plan by Mirant) on five generating units, two of which are emergency existed within the meaning December 30, 2005. The plan outlines a cycling units that range in output from of section 202(c) of the FPA because of proposed temporary phase, and two 35 MW to 88 MW, and three of which the reasonable possibility an outage options for a proposed intermediate are baseload units that range in output would occur that would cause a phase, Option A and Option B. All from 35 MW to 102 MW. The Plant is blackout, the number and importance of proposals include the use of ‘‘trona’’ one of only three sources of electricity facilities and operations in our Nation’s (sodium sesquicarbonate, a naturally to the Central DC area. The other two Capital that would be potentially occurring substance similar to baking sources are two 230,000-volt (230 kV) affected by such a blackout, the soda) and/or lower sulfur coal to transmission lines that deliver extended number of hours of any manage air emissions. On January 4, electricity from other generating sources blackout that might in fact occur, and 2006, DOE authorized Mirant to in the regional electric grid operated by the fact that the current situation ‘‘immediately take the necessary steps PJM Interconnection (PJM). Although violated applicable reliability standards. to implement Option A of the there are other generating units in close PEPCO has applied to the DCPSC to intermediate phase proposed in the physical proximity to the Central DC construct two additional 230 kV lines implementation plan,’’ stating that area, there are no transmission lines that that would supply electricity to the ‘‘Mirant represents that implementation would allow delivery of power from Central DC area and in the same of this option will produce no NAAQS these other units to reach the Central DC application, proposed building two new exceedences.’’ DOE will work with EPA area. Under North American Electric 69kV lines to supply the Blue Plains to verify the accuracy of that Reliability Council (NERC) standards, at wastewater treatment plant. Once representation. DOE is still in the a minimum, the power system must completed, these lines will likely process of reviewing the other proposals carry at least enough contingency provide a high level of electricity described in Mirant’s compliance plan reserves of electricity to cover the most reliability in the Central DC area, even in consultation with EPA. severe single contingency. The in the absence of production from the NEPA Compliance Actions standards require that an area’s system Plant. However, it will likely take 18– always be operated with sufficient 24 months to construct the new lines. Pursuant to CEQ regulations at 40 reserves to compensate for the sudden Based on this finding, on December CFR 1506.11, DOE consulted with CEQ failure of the area’s most important 20, 2005, DOE issued an Order requiring on December 20, 2005, December 22, single generator or transmission line. Mirant to, among other things, (1) 2005, January 13, 2006, and January 17, Based on the fact that the Central DC operate the Plant to produce the amount 2006, about formulating a plan for area has only three sources of supply, of power (up to its full capabilities) alternative arrangements. Under the the Plant and the two 230 kV needed to meet demand in the Central agreed upon alternative arrangements transmission lines, in order to maintain DC area during any period in which one plan, which will expire October 1, 2006, a minimally reliable electric power or both of the 230kV lines serving the unless extended, DOE will:

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1. Prepare a Special Environmental adopted for any future decision, and if DEPARTMENT OF ENERGY Analysis (SEA). The SEA will examine not, why they are not adopted. Federal Energy Regulatory potential impacts resulting from DOE may modify, in consultation Commission issuance of the Order, and describe with CEQ, the foregoing alternative further DOE decisionmaking regarding arrangements as conditions warrant and reasonable future alternatives and [Project No. 12485–002] will notify the public in the Federal potential further mitigation actions DOE Register if it does so. AMG Energy, LLC; Notice of Surrender may take in this matter. The analysis of Preliminary Permit will present reasonably foreseeable Issued in Washington, DC, on January 18, impacts from possible changes in 2006. January 12, 2006. operations of the Plant over the time John Spitaleri Shaw, Take notice that AMG Energy, LLC, until two additional transmission lines Assistant Secretary for Environment, Safety permittee for the proposed Claiborne planned by PEPCO are installed. DOE and Health. Hydroelectric Project, has requested that intends to issue its SEA no later than [FR Doc. 06–570 Filed 1–19–06; 8:45 am] its preliminary permit be terminated. August 2006 and will make it available BILLING CODE 6450–01–P The permit was issued on June 28, 2004, to the public on the DOE NEPA and and would have expired on May 31, Mirant matter Web sites as well as 2007.1 The project would have been announce its availability in the Federal DEPARTMENT OF ENERGY located on the Alabama River in Monroe Register. DOE will consider information County, Alabama. contained in the SEA, and public input Federal Energy Regulatory The permittee filed the request on received on the SEA, in any future Commission December 7, 2005, and the preliminary decisionmaking in this matter. permit for Project No. 12485 shall 2. Provide Opportunities for Public [Project No. 12481–002] remain in effect through the thirtieth Involvement. DOE is currently accepting day after issuance of this notice unless public comments on the compliance AMG Energy, LLC; Notice of Surrender that day is a Saturday, Sunday, part-day plan that DOE required Mirant to submit of Preliminary Permit holiday that affects the Commission, or under the DOE Order. DOE also invites legal holiday as described in section 18 public comments on this Notice, as well January 12, 2006. CFR 385.2007, in which case the as on issues to be addressed in the SEA. effective date is the first business day Take notice that AMG Energy, LLC, DOE will consider public input in following that day. New applications permittee for the proposed Selden Dam determining appropriate mitigation involving this project site, to the extent Project, has requested that its measures and any additional actions provided for under 18 CFR part 4, may DOE may take as DOE adaptively preliminary permit be terminated. The be filed on the next business day. manages implementation of the Order. permit was issued on April 20, 2004, Magalie R. Salas, DOE will post on the Mirant matter Web and would have expired on March 31, site publicly available information (not 2007.1 The project would have been Secretary. exempt from disclosure under the located on the Black Warrior River in [FR Doc. E6–599 Filed 1–19–06; 8:45 am] Freedom of Information Act) regarding Greene and Hale Counties, Alabama. BILLING CODE 6717–01–P the environmental effects of ongoing or The permittee filed the request on alternative operations of the Plant (e.g., December 7, 2005, and the preliminary DEPARTMENT OF ENERGY reasonably available ambient air quality permit for Project No. 12481 shall data and results of air quality modeling), remain in effect through the thirtieth Federal Energy Regulatory that the Department receives from day after issuance of this notice unless Commission Mirant, EPA, and DEQ. that day is a Saturday, Sunday, part-day 3. Continue Agency Consultations. holiday that affects the Commission, or [Docket No. RP03–36–015] DOE will continue to consult with EPA legal holiday as described in section 18 and DEQ concerning information on Dauphin Island Gathering Partners; CFR 385.2007, in which case the Notice of Negotiated Rate emissions, modeling results, potential effective date is the first business day mitigation measures, and any changes to following that day. New applications January 13, 2006. the operation of the Plant. EPA will act involving this project site, to the extent as a ‘‘cooperating agency’’ (see 40 CFR Take notice that on January 9, 2006, provided for under 18 CFR Part 4, may 1501.6 and 1508.5) for purposes of Dauphin Island Gathering Partners providing reasonably available public be filed on the next business day. (Dauphin Island) tendered for filing as information regarding the part of its FERC Gas Tariff, First Revised Magalie R. Salas, Volume No. 1, the revised tariff sheets environmental effects of operations of Secretary. the Plant to be disseminated via DOE’s listed below to become effective [FR Doc. E6–598 Filed 1–19–06; 8:45 am] Mirant matter Web site and evaluated in February 9, 2006. the SEA. BILLING CODE 6717–01–P Twenty-Fourth Revised Sheet No. 9. 4. Identify Mitigation. DOE will Nineteenth Revised Sheet No. 10. identify in its SEA any steps that it Seventh Revised Sheet No. 359. Third Revised Sheet No. 427. believes can be taken to mitigate the impacts from its Order. DOE will Dauphin Island states that these tariff continue to track the impacts of its sheets reflect changes to its statement of Order and public input and provide for negotiated rates and nonconforming appropriate mitigation where transportation and reserve commitment practicable. DOE will publish on its agreement tariff sheets. Web sites, as noted above, its discussion of which mitigation measures are 1 107 FERC ¶ 62,053. 1 107 FERC ¶ 62,287.

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Dauphin Island further states that DEPARTMENT OF ENERGY of filings made with the Commission copies of the filing are being served on and must mail a copy to the applicant its customers and other interested Federal Energy Regulatory and to every other party in the parties. Commission proceeding. Only parties to the Any person desiring to intervene or to [Docket No. CP06–47–000] proceeding can ask for court review of Commission orders in the proceeding. protest this filing must file in Dominion Transmission, Inc.; Notice of Motions to intervene, protests and accordance with Rules 211 and 214 of Filing comments may be filed electronically the Commission’s Rules of Practice and via the Internet in lieu of paper, see, 18 Procedure (18 CFR 385.211 and January 12, 2006. CFR 385.2001(a)(1)(iii) and the 385.214). Protests will be considered by Take notice that on January 5, 2006, instructions on the Commission’s Web the Commission in determining the Dominion Transmission, Inc. site under the ‘‘e-Filing’’ link. The appropriate action to be taken, but will (Dominion), 120 Tredegar Street, Commission strongly encourages not serve to make protestants parties to Richmond, Virginia 23219, filed an electronic filings. the proceeding. Any person wishing to abbreviated application for a certificate Comment Date: February 2, 2006. become a party must file a notice of of public convenience and necessity intervention or motion to intervene, as pursuant to section 7 of the Natural Gas Magalie R. Salas, appropriate. Such notices, motions, or Act (NGA) and Part 157 of the Secretary. protests must be filed in accordance Commissiion’s Rules and Regulations. [FR Doc. E6–600 Filed 1–19–06; 8:45 am] with the provisions of section 154.210 Dominion requests authorization to BILLING CODE 6717–01–P convert an existing observation well of the Commission’s regulations (18 CFR (well UW–207) to an injection/ 154.210). Anyone filing an intervention withdrawal (I/W) well located in DEPARTMENT OF ENERGY or protest must serve a copy of that Dominion’s North Summit Storage document on the Applicant. Anyone Complex in Fayette County, Federal Energy Regulatory filing an intervention or protest on or Pennsylvania. Dominion states that it Commission before the intervention or protest date also intends to install, under its blanket need not serve motions to intervene or certificate authorization, a new storage [Docket No. CP06–46–000] protests on persons other than the pipeline (UP–25), in order to tie the well Applicant. into the storage field. Dominion Great Lakes Gas Transmission Limited The Commission encourages estimates to complete the proposed Partnership; Notice of Request Under electronic submission of protests and work by September 30, 2006. This filing Blanket Authorization interventions in lieu of paper using the is available for review at the Commission in the Public Reference January 13, 2006. ‘‘eFiling’’ link at http://www.ferc.gov. Take notice that on January 4, 2006, Persons unable to file electronically Room or may be viewed on the Commission’s Web site at http:// Great Lakes Gas Transmission Limited should submit an original and 14 copies www.ferc.gov using the ‘‘eLibrary’’ link. Partnership (Great Lakes), 5250 of the protest or intervention to the Enter the docket number excluding the Corporate Drive, Troy, Michigan 48098, Federal Energy Regulatory Commission, last three digits in the docket number filed in Docket No. CP06–46–000 a 888 First Street, NE., Washington, DC field to access the document. For request pursuant to sections 157.205(b) 20426. assistance, please contact FERC Online and 157.216(b)(2) of the Commission’s This filing is accessible on-line at Support at Regulations under the Natural Gas Act http://www.ferc.gov, using the [email protected] or toll (18 CFR 157.205 and 157.216) for ‘‘eLibrary’’ link and is available for free at (866) 208–3676, or for TTY, authorization to abandon certain review in the Commission’s Public contact (202) 502–8659. metering facilities at its St. Clair Reference Room in Washington, DC. Any questions regarding the Delivery Point, located at the end of the There is an ‘‘eSubscription’’ link on the application are to be directed to Anne Great Lakes’ system on the west side of Web site that enables subscribers to E. Bomar, Managing Director the St. Clair River in lower Michigan, receive e-mail notification when a Transmission Rates and Regulation, 120 under the authorization issued in Docket No. CP90–2053–000 pursuant to document is added to a subscribed Tredegar Street, Richmond, Virginia section 7 of the Natural Gas Act, all as docket(s). For assistance with any FERC 23219; phone number (804) 819–2134. Any person wishing to obtain legal more fully described in the request. Online service, please e-mail status by becoming a party to the This filing is available for review at [email protected], or call proceedings for this project should, on the Commission in the Public Reference (866) 208–3676 (toll free). For TTY, call or before the below listed comment Room or may be viewed on the (202) 502–8659. date, file with the Federal Energy Commission’s Web site at http:// Magalie R. Salas, Regulatory Commission, 888 First www.ferc.gov using the ‘‘eLibrary’’ link. Street, NE., Washington, DC 20426, a Enter the docket number excluding the Secretary. motion to intervene in accordance with last three digits in the docket number [FR Doc. E6–602 Filed 1–19–06; 8:45 am] the requirements of the Commission’s field to access the document. For BILLING CODE 6717–01–P Rules of Practice and Procedure (18 CFR assistance, please contact FERC Online 385.214 or 385.211) and the Regulations Support at under the NGA (18 CFR 157.10). A [email protected] or toll- person obtaining party status will be free at (866) 208–3676, or for TTY, placed on the service list maintained by contact (202) 502–8659. the Secretary of the Commission and Any questions concerning this request will receive copies of all documents may be directed to Vern Meier, Director filed by the applicant and by all other of Operations, Great Lakes Gas parties. A party must submit 14 copies Transmission Company, 5250 Corporate

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Drive, Troy, Michigan 48098, at (248) DEPARTMENT OF ENERGY Commission’s Public Reference Room, 205–7584 or [email protected]. 888 First Street, NE., Washington, DC Federal Energy Regulatory Great Lakes states that its St. Clair 20426. The Order may also be viewed Commission metering facilities have reached the end on the Commission’s Web site at http://www.ferc.gov, using the eLibrary of their serviceable life. Great Lakes [Docket Nos. ER06–250–000] link. Enter the docket number excluding indicates that in lieu of replacement, Knedergy LLC; Notice of Issuance of the last three digits in the docket Great Lakes requests authorization to Order number filed to access the document. utilize third party measurement data Comments, protests, and interventions available from TransCanada PipeLines January 13, 2006. may be filed electronically via the Ltd., downstream of the St. Clair Knedergy LLC (Knedergy) filed an Internet in lieu of paper. See, 18 CFR Delivery Point. Great Lakes proposes to application for market-based rate 385.2001(a)(1)(iii) and the instructions abandon the metering function at its St. authority, with an accompanying rate on the Commission’s web site under the Clair Delivery Point by removing the tariff. The proposed rate tariff provides ‘‘e-Filing’’ link. The Commission orifice plates and the differential for the sales of capacity, energy, and strongly encourages electronic filings. pressure and temperature transmitters ancillary services at market-based rates Magalie R. Salas, from the existing meter runs. Great and for the reassignment of transmission Secretary. Lakes maintains that the proposed capacity. Knedergy also requested abandonment would not affect service waiver of various Commission [FR Doc. E6–606 Filed 1–19–06; 8:45 am] to any shipper at the St. Clair Point. regulations. In particular, Knedergy BILLING CODE 6717–01–P requested that the Commission grant Great Lakes contends that all blanket approval under 18 CFR part 34 customers receiving deliveries at the St. of all future issuances of securities and DEPARTMENT OF ENERGY Clair Delivery Point have provided their assumptions of liability by Knedergy. written consent to the abandonment On January 12, 2006, pursuant to Federal Energy Regulatory except one. Great Lakes avers that the delegated authority, the Director, Commission customer not providing written consent Division of Tariffs and Market [Docket Nos. RP00–495–008, RP03–211–004 has not indicated that it objects to the Development—South, granted the and RP01–97–007] abandonment. Great Lakes, therefore, request for blanket approval under part seeks a waiver to permit the 34. The Director’s order also stated that Texas Gas Transmission, LLC; Notice of Compliance abandonment notwithstanding the the Commission would publish a withholding of written consent by the separate notice in the Federal Register January 13, 2006. one customer. establishing a period of time for the Take notice that on December 15, filing of protests. Accordingly, any Any person or the Commission’s Staff 2005, Texas Gas Transmission, LLC person desiring to be heard or to protest (Texas Gas) tendered for filing its may, within 45 days after the issuance the blanket approval of issuances of of the instant notice by the Commission, Segmentation Transactions Report in securities or assumptions of liability by compliance with Ordering Paragraph B file pursuant to Rule 214 of the Knedergy should file a motion to Commission’s Procedural Rules (18 CFR of ‘‘Order on Rehearing’’, issued intervene or protest with the Federal December 24, 2002.1 385.214) a motion to intervene or notice Energy Regulatory Commission, 888 Any person desiring to protest this of intervention and, pursuant to section First Street, NE., Washington, DC 20426, filing must file in accordance with Rule 157.205 of the Commission’s in accordance with Rules 211 and 214 211 of the Commission’s Rules of Regulations under the Natural Gas Act of the Commission’s Rules of Practice Practice and Procedure (18 CFR (NGA) (18 CFR 157.205) a protest to the and Procedure. 18 CFR 385.211, 385.214 385.211). Protests to this filing will be request. If no protest is filed within the (2004). considered by the Commission in time allowed therefore, the proposed Notice is hereby given that the determining the appropriate action to be activity shall be deemed to be deadline for filing motions to intervene taken, but will not serve to make authorized effective the day after the or protests is February 13, 2006. protestants parties to the proceeding. time allowed for protest. If a protest is Absent a request to be heard in Such protests must be filed on or before filed and not withdrawn within 30 days opposition by the deadline above, the date as indicated below. Anyone after the time allowed for filing a Knedergy is authorized to issue filing a protest must serve a copy of that protest, the instant request shall be securities and assume obligations or document on all the parties to the treated as an application for liabilities as a guarantor, indorser, proceeding. surety, or otherwise in respect of any authorization pursuant to section 7 of The Commission encourages security of another person; provided the NGA. electronic submission of protests in lieu that such issuance or assumption is for of paper using the ‘‘eFiling’’ link at Comments, protests and interventions some lawful object within the corporate http://www.ferc.gov. Persons unable to may be filed electronically via the purposes of Knedergy, compatible with file electronically should submit an Internet in lieu of paper. See, 18 CFR the public interest, and is reasonably original and 14 copies of the protest to 385.2001(a)(1)(iii) and the instructions necessary or appropriate for such the Federal Energy Regulatory on the Commission’s Web site under the purposes. Commission, 888 First Street, NE., ‘‘e-filing’’ link. The Commission The Commission reserves the right to Washington, DC 20426. strongly encourages electronic filings. require a further showing that neither This filing is accessible on-line at public nor private interests will be http://www.ferc.gov, using the Magalie R. Salas, adversely affected by continued ‘‘eLibrary’’ link and is available for Secretary. approval of Knedergy’s issuances of review in the Commission’s Public [FR Doc. E6–603 Filed 1–19–06; 8:45 am] securities or assumptions of liability. BILLING CODE 6717–01–P Copies of the full text of the Director’s 1 Texas Gas Transmission, 101 FERC ¶ 61,359 Order are available from the (2002).

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Reference Room in Washington, DC. Federal Energy Regulatory Commission, be filed on or before the comment date. There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC The Respondent’s answer, motions to Web site that enables subscribers to 20426. intervene, and protests must be served receive e-mail notification when a This filing is accessible on-line at on the Complainants. document is added to a subscribed http://www.ferc.gov, using the The Commission encourages docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for electronic submission of protests and Online service, please e-mail review in the Commission’s Public interventions in lieu of paper using the [email protected], or call Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the Persons unable to file electronically (202) 502–8659. Web site that enables subscribers to should submit an original and 14 copies Comment Date: 5 p.m. eastern time on receive e-mail notification when a of the protest or intervention to the January 20, 2006. document is added to a subscribed Federal Energy Regulatory Commission, docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC Magalie R. Salas, Online service, please e-mail 20426. Secretary. [email protected], or call This filing is accessible on-line at [FR Doc. E6–610 Filed 1–19–06; 8:45 am] (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the BILLING CODE 6717–01–P (202) 502–8659. ‘‘eLibrary’’ link and is available for Comment Date: 5 p.m. eastern time on review in the Commission’s Public February 1, 2006. Reference Room in Washington, DC. DEPARTMENT OF ENERGY Magalie R. Salas, There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to Federal Energy Regulatory Secretary. Commission receive e-mail notification when a [FR Doc. E6–605 Filed 1–19–06; 8:45 am] document is added to a subscribed [Docket No. EL06–47–000] BILLING CODE 6717–01–P docket(s). For assistance with any FERC Online service, please e-mail Devon Power LLC, Complainant v. ISO [email protected], or call DEPARTMENT OF ENERGY New England, Inc., Respondent; Notice (866) 208–3676 (toll free). For TTY, call of Complaint Federal Energy Regulatory (202) 502–8659. January 13, 2006. Commission Comment Date: 5 p.m. eastern time on Take notice that on January 12, 2006, January 25, 2006. [Docket No. EL06–42–000] Devon Power LLC filed a formal Magalie R. Salas, complaint against ISO New England, ALLETE, Inc. (d/b/a Minnesota Power) Secretary. Inc. pursuant to 18 CFR 385.206 and Complainant, v. Midwest Independent [FR Doc. E6–604 Filed 1–19–06; 8:45 am] Rule 206 of the Commission’s Rule of Transmission System Operator, Inc., BILLING CODE 6717–01–P Practice and Procedure, seeking appeal, Respondent; Notice of Complaint pursuant to section 6.3.6 of the ISO New England Billing Policy, of ISO–NE January 13, 2006. DEPARTMENT OF ENERGY England Inc.’s denial of Devon Power Take notice that on January 5, 2006, LLC’s Requested Billing Adjustment ALLETE, Inc. (d/b/a Minnesota Power) Federal Energy Regulatory submitted on November 9, 2005. filed a formal complaint against the Commission Devon Power LLC states that copies of Midwest Independent Transmission the complaint were served on the System Operator, Inc. pursuant to Combined Notice of Filings #1 contacts for ISO New England, Inc. section 206 of the Federal Power Act Any person desiring to intervene or to and Rule 206 of the Rules of Practice January 13, 2006. protest this filing must file in and Procedures of the Commission, 18 Take notice that the Commission accordance with Rules 211 and 214 of CFR 385–206, alleging that the Midwest received the following electric rate the Commission’s Rules of Practice and ISO has erred in assessing Real-Time filings: Procedure (18 CFR 385.211 and Revenue Sufficiency Guarantee First Docket Numbers: ER02–1947–007. 385.214). Protests will be considered by Pass Distribution Amount charges Applicants: Occidental Power the Commission in determining the against Minnesota Power. Services, Inc. appropriate action to be taken, but will Minnesota Power states that copies of Description: Occidental Power not serve to make protestants parties to the complaint were served on the Services, Inc informs FERC of a the proceeding. Any person wishing to contacts for the Midwest Independent correction to the description of the become a party must file a notice of Transmission System Operator, Inc. ownership of one of its affiliates that intervention or motion to intervene, as Any person desiring to intervene or to was included in its 5/31/02 application appropriate. The Respondent’s answer protest this filing must file in for market-based rate authority. and all interventions, or protests must accordance with Rules 211 and 214 of Filed Date: 01/09/2006. be filed on or before the comment date. the Commission’s Rules of Practice and Accession Number: 20060112–0311. The Respondent’s answer, motions to Procedure (18 CFR 385.211 and Comment Date: 5 p.m. Eastern Time intervene, and protests must be served 385.214). Protests will be considered by on Monday, January 30, 2006. on the Complainants. the Commission in determining the Docket Numbers: ER02–2330–039. The Commission encourages appropriate action to be taken, but will Applicants: ISO New England Inc. electronic submission of protests and not serve to make protestants parties to Description: ISO New England Inc interventions in lieu of paper using the the proceeding. Any person wishing to submits quarterly status report ‘‘eFiling’’ link at http://www.ferc.gov. become a party must file a notice of concerning the implementation of Persons unable to file electronically intervention or motion to intervene, as Standard Market Design. should submit an original and 14 copies appropriate. The Respondent’s answer Filed Date: 12/12/2005. of the protest or intervention to the and all interventions, or protests must Accession Number: 20051214–0206.

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Comment Date: 5 p.m. Eastern Time Interconnected Operations Agreement Applicants: Merrill Lynch Capital on Monday, January 23, 2006. between Aquila and Associated Electric Services, Inc.; Merrill Lynch Docket Numbers: ER02–2263–006. Cooperative, Inc. Commodities, Inc. Applicants: Southern California Filed Date: 01/09/2006. Description: Merrill Lynch Capital Edison Company. Accession Number: 20060112–0313. Services, Inc. & Merrill Lynch Description: Southern Calif. Edison Comment Date: 5 p.m. Eastern Time Commodities, Inc reports a change in Co. submits Notice of Change in Status. on Monday, January 30, 2006. status. Filed Date: 01/09/2006. Docket Numbers: ER06–196–001. Filed Date: 01/09/2006. Accession Number: 20060109–5041. Applicants: Cantor Fitzgerald Accession Number: 20060112–0319. Comment Date: 5 p.m. Eastern Time Brokerage, LP. Comment Date: 5 p.m. Eastern Time on Monday, January 30, 2006. Description: Cantor Fitzgerald on Monday, January 30, 2006. Docket Numbers: ER03–9–005; ER98– Brokerage, LP submits revisions to its Docket Numbers: ER99–3665–006. 2157–006; EL05–64–000. proposed tariff to address concerns Applicants: Occidental Power Applicants: Westar Energy, Inc. and raised by FERC Staff. Marketing, LP. Kansas Gas and Electric Company. Filed Date: 01/06/2006. Description: Occidental Power Description: Westar Energy Inc. and Accession Number: 20060112–0322. Marketing, LP informs FERC of a Comment Date: 5 p.m. Eastern Time Kansas Gas and Elec Co., submit correction of the description of the on Friday, January 27, 2006. additional information in response to ownership of one of its affiliates that FERC’s deficiency letter order dated 12/ Docket Numbers: ER06–461–000. was included in its 4/15/04 market 8/01. Applicants: Velocity Futures, LP. power update. Filed Date: 01/09/2006. Description: Velocity Futures submits Filed Date: 01/09/2006. Accession Number: 20060112–0304. the Petition for Acceptance of Initial Accession Number: 20060112–0318. Comment Date: 5 p.m. Eastern Time Rate Schedule, Waivers and Blanket Comment Date: 5 p.m. Eastern Time on Monday, January 30, 2006. Authority. on Monday, January 30, 2006. Filed Date: 01/09/2006. Any person desiring to intervene or to Docket Numbers: ER05–283–004; Accession Number: 20060112–0320. ER05–1232–002. protest in any of the above proceedings Comment Date: 5 p.m. Eastern Time must file in accordance with Rules 211 Applicants: JPMorgan Chase Bank, on Monday, January 30, 2006. N.A.; J.P. Morgan Ventures Energy and 214 of the Commission’s Rules of Docket Numbers: ER06–467–000. Corporation. Practice and Procedure (18 CFR 385.211 Applicants: Union Electric Company. Description: JPMorgan Chase Bank, and 385.214) on or before 5 p.m. Eastern Description: Union Electric Co dba N.A. and J.P. Morgan Ventures Energy time on the specified comment date. It AmerenUE et al submits the Second Corp., submit Change in Status. is not necessary to separately intervene Amendment to the Joint Dispatch Filed Date: 01/09/2006. again in a subdocket related to a Agreement between Union Electric Co, Accession Number: 20060109–5058. compliance filing if you have previously Central Illinois Public Service and Comment Date: 5 p.m. Eastern Time intervened in the same docket. Protests AmerenUE. on Monday, January 30, 2006. will be considered by the Commission Filed Date: 01/09/2006. in determining the appropriate action to Docket Numbers: ER05–1452–001. Accession Number: 20060112–0327. be taken, but will not serve to make Applicants: Duke Energy Comment Date: 5 p.m. Eastern Time protestants parties to the proceeding. Transmission. on Monday, January 30, 2006. Anyone filing a motion to intervene or Description: Duke Electric Docket Numbers: ER06–469–000. protest must serve a copy of that Transmission submits a clean version of Applicants: Western Systems Power document on the Applicant. In reference the Affected System Operating Pool. to filings initiating a new proceeding, Agreement with North Carolina Electric Description: Western Systems Power interventions or protests submitted on Membership Corp, designated as First Pool Inc submits this letter requesting or before the comment deadline need Revised Service Agreement No. 339 etc. that the Commission amend the Western not be served on persons other and the Filed Date: 01/06/2006. Systems Power Pool Agreement to Applicant. Accession Number: 20060112–0340. include CalBear Energy LP et al. The Commission encourages Comment Date: 5 p.m. Eastern Time Filed Date: 01/09/2006. electronic submission of protests and on Friday, January 27, 2006. Accession Number: 20060112–0328. interventions in lieu of paper, using the Docket Numbers: ER06–22–001. Comment Date: 5 p.m. Eastern Time FERC Online links at http:// Applicants: Midwest Independent on Monday, January 30, 2006. www.ferc.gov. To facilitate electronic Transmission System Operator, Inc. Docket Numbers: ER06–78–002. service, persons with Internet access Description: Midwest Independent Applicants: PJM Interconnection, who will eFile a document and/or be Transmission System Operator, Inc LLC. listed as a contact for an intervenor submits a supplemental informational Description: PJM Interconnection, must create and validate an filing to its unexecuted Large Generator LLC submits an amendment to their eRegistration account using the Interconnection Agreement with Open Access Transmission Tariff, First eRegistration link. Select the eFiling Endeavor Power Partners, LLC et al. Revised Sheet No. 268B to FERC link to log on and submit the Filed Date: 01/09/2006. Electric Tariff, Sixth Revised Volume intervention or protests. Accession Number: 20060112–0312. No. 1 in compliance with FERC’s 12/20/ Persons unable to file electronically Comment Date: 5 p.m. Eastern Time 05 Order. should submit an original and 14 copies on Monday, January 30, 2006. Filed Date: 01/09/2006. of the intervention or protest to the Docket Numbers: ER06–35–001. Accession Number: 20060112–0314. Federal Energy Regulatory Commission, Applicants: Aquila, Inc. Comment Date: 5 p.m. Eastern Time 888 First St. NE., Washington, DC Description: Aquila, Inc submitted for on Monday, January 30, 2006. 20426. approval changes to an existing Docket Numbers: ER99–830–015; The filings in the above proceedings Agreement for Interchange of Power & ER04–925–007. are accessible in the Commission’s

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eLibrary system by clicking on the Partners Limited Partnership, Charles N. m. Comments, Protests, or Motions to appropriate link in the above list. They Lucas, 7301 East Sundance, Suite D102, Intervene: Anyone may submit are also available for review in the P.O. Box 2244, Carefree, AZ 85377, comments, a protest, or a motion to Commission’s Public Reference Room in (952) 545–0975. Patrick J. Scully, Esq., intervene in accordance with the Washington, DC. There is an Bernstein, Shur, Sawyer & Nelson, P.A., requirements of Rules of Practice and eSubscription link on the Web site that 100 Middle Street, P.O. 9729, Portland, Procedure, 18 CFR 385.210, .211, .214. enables subscribers to receive e-mail ME 04104, (207) 774–1200. In determining the appropriate action to notification when a document is added h. FERC Contact: Etta L. Foster, (202) take, the Commission will consider all to a subscribed dockets(s). For 502–8769. protests or other comments filed, but assistance with any FERC Online i. Deadline for filing comments, only those who file a motion to service, please e-mail protests, and motions to intervene: intervene in accordance with the [email protected]. or call February 10, 2006. Commission’s Rules may become a (866) 208–3676 (toll free). For TTY, call All documents (original and eight party to the proceeding. Any comments, (202) 502–8659. copies) should be filed with Magalie R. protests, or motions to intervene must be received on or before the specified Magalie R. Salas, Salas, Secretary, Federal Energy Regulatory Commission, 888 First comment date for the particular Secretary. Street, NE., Washington, DC 20426. application. [FR Doc. E6–601 Filed 1–19–06; 8:45 am] Comments, protests, and interventions n. Filing and Service of Responsive BILLING CODE 6717–01–P may be filed electronically via the Documents: Any filings must bear in all Internet in lieu of paper; see 18 CFR capital letters the title ‘‘COMMENTS’’, ‘‘PROTEST’’, or ‘‘MOTION TO DEPARTMENT OF ENERGY 385.2001(a)(1)(iii) and the instructions on the Commission’s web site under the INTERVENE’’, as applicable, and the Federal Energy Regulatory ‘‘e-Filing’’ link. The Commission Project Number of the particular Commission strongly encourages electronic filings. application to which the filing refers. Please include the project number (P– Any of the above-named documents Notice of Application for Transfer of 4784–072) on any comments or motions must be filed by providing the original License and Soliciting Comments, filed. and the number of copies provided by Motions To Intervene, and Protests The Commission’s Rules of Practice the Commission’s regulations to: The and Procedure require all intervenors Secretary, Federal Energy Regulatory January 12, 2006. filing a document with the Commission Commission, 888 First Street, NE., Take notice that the following to serve a copy of that document on Washington, DC 20426. A copy of any hydroelectric application has been filed each person in the official service list motion to intervene must also be served with the Commission and is available for the project. Further, if an intervenor upon each representative of the for public inspection: files comments or documents with the Applicant specified in the particular a. Application Type: Partial Transfer Commission relating to the merits of an application. of License. issue that may affect the responsibilities o. Agency Comments: Federal, state, b. Project No.: 4784–072. c. Date Filed: December 29, 2005. of a particular resource agency, they and local agencies are invited to file d. Applicants: Teton Power Funding, must also serve a copy of the documents comments on the described application. LLC (Teton), DaimlerChrysler Services on that resource agency. A copy of the application may be North America LLC, and Topsham j. Description of Application: obtained by agencies directly from the Hydro Partners Limited Partnership Applicants request approval, under Applicant. If an agency does not file (Topsham), licensees, and section 8 of the Federal Power Act, of comments within the time specified for DaimlerChrysler Financial Services a partial transfer of the license for the filing comments, it will be assumed to America LLC. Pejepscot Project No. 4784 to reflect a have no comments. One copy of an e. Name and Location of Project: The January 1, 2006 reorganization in which agency’s comments must also be sent to Pejepscot Hydroelectric Project is licensee DaimlerChrysler Services North the Applicant’s representatives. America LLC was to be absorbed by located on the Androscoggin River in Magalie R. Salas, DaimlerChrysler Financial Services the town of Topsham, in Sagadahoc, Secretary. Cumberland and Androscoggin America LLC, its wholly-owned [FR Doc. E6–596 Filed 1–19–06; 8:45 am] Counties, Maine. subsidiary. f. Filed Pursuant to: Federal Power k. This filing is available for review at BILLING CODE 6717–01–P Act, 16 U.S.C. 791(a)–825(r). the Commission in the Public Reference g. Applicant Contacts: For Teton: Room or may be viewed on the DEPARTMENT OF ENERGY Teton Power Funding, LLC, c/o Barry E. Commission’s Web site at http:// Welch, c/o Atlantic Power Holdings, www.ferc.gov using the ‘‘eLibrary’’ link. Federal Energy Regulatory LLC, 200 Clarendon Street, 55th Floor, Enter the project number excluding the Commission Boston, MA 02117, (617) 531–6379. last three digits (P–4784) in the docket Margaret A. Moore, Van Ness Feldman, number field to access the document. Notice of Application Accepted for PC, 1050 Thomas Jefferson Street, NW., For online assistance, contact Filing and Soliciting Motions To Washington, DC 20007, (202) 298–1800, [email protected] or call Intervene and Protests For DaimlerChrysler: DaimlerChrysler toll-free (866) 208–3676, for TTY, call Services North America LLC, Marco (202) 502–8659. A copy is also available January 13, 2006. DeSanto, Esq., 27777 Inkster Road, for inspection and reproduction at the Take notice that the following Farmington Hills, MI 48334–5326, (248) addresses in item g. hydroelectric application has been filed 427–2500. Andrew Holmes, Esq., l. Individuals desiring to be included with the Commission and is available Holland & Knight LLP, 195 Broadway, on the Commission’s mailing list should for public inspection. New York, NY 10007–3189, (212) 513– so indicate by writing to the Secretary a. Type of Applications: New Major 3243. For Topsham: Topsham Hydro of the Commission. Licenses.

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b. Project Nos.: 12606–000 and 2545– channel of the Spokane River, a 127- n. Anyone may submit a protest or a 091. foot-long, 25-foot-high dam across the motion to intervene in accordance with c. Date Filed: July 28, 2005. south channel, and a 215-foot-long, 64- the requirements of Rules of Practice d. Applicant: Avista Corporation. foot-high dam across the middle and Procedure, 18 CFR 385.210, e. Name of Projects: (1) Post Falls and channel; six 56-foot-long, 11.25-foot- 386.211, and 385.214. In determining (2) Spokane River Development of the diameter penstocks; and a 6-unit the appropriate action to take, the Spokane River. powerhouse integral to the middle Commission will consider all protests f. Location: Post Falls—on the channel dam with a generator filed, but only those who file a motion Spokane River and Coeur d’Alene Lake nameplate capacity of 14.75 megawatts. to intervene in accordance with the in portions of Kootenai and Benewah The Spokane River Developments Commission’s Rules may become a counties, Idaho. The project occupies include four hydroelectric party to the proceeding. Any protests or Federal lands under the supervision of developments (HED) with a total motions to intervene must be received the U.S. Bureau of Indian Affairs, and authorized capacity of 122.92 MW as on or before the specified deadline date may occupy lands under the follows: for the particular application. supervision of the U.S. Forest Service (1) Upper Falls HED is a run-of-river and the U.S. Bureau of Land All filings must (1) Bear in all capital facility consisting of a 366-foot-long, letters the title ‘‘PROTEST’’ or Management. 35.5-foot-high dam across the north Spokane River Developments—on the ‘‘MOTION TO INTERVENE;’’ (2) set channel of the Spokane River; a 70-foot- forth in the heading the name of the Spokane River in portions of Steven and long, 30-foot-high intake structure Lincoln counties, Washington. No applicant and the project number of the across the south channel; an 800-acre- application to which the filing federal lands are included. foot reservoir; a 350-foot-long, 18-foot- g. Filed Pursuant to: Federal Power responds; (3) furnish the name, address, diameter penstock; and a single-unit and telephone number of the person Act 16 U.S.C. 791(a)–825(r). powerhouse with a generator nameplate h. Applicant Contact: Bruce F. protesting or intervening; and (4) capacity of 10 MW. Howard, License Manager, Avista otherwise comply with the requirements (2) Monroe Street HED is a run-of- Corporation, 1411 East Mission, P.O. of 18 CFR 385.2001 through 385.2005. river facility consisting of a 240-foot- Box 3727, Spokane, Washington 99220– Agencies may obtain copies of the long, 24-foot-high dam; a 30-acre-foot 3727; telephone: (509) 495–2941. application directly from the applicant. i. FERC Contact: John S. Blair, at (202) reservoir; a 332-foot-long, 14-foot- A copy of any protest motion to 502–6092, [email protected]. diameter penstock; and an underground intervene must be served upon each j. Deadline for filing motions to single-unit powerhouse with a generator representative of the applicant specified intervene and protests and requests for nameplate capacity of 14.82 MW. in the particular application. cooperation agency status: 60 days from (3) Nine Mile HED is a run-of-river the issuance date of this notice. facility consisting of a 466-foot-long, 58- Magalie R. Salas, All documents (original and eight foot-high dam; a 4,600 acre-foot Secretary. copies) should be filed with: Magalie R. reservoir; a 120-foot-long, 5 foot- [FR Doc. E6–607 Filed 1–19–06; 8:45 am] diameter diversion tunnel; and a 4-unit Salas, Secretary, Federal Energy BILLING CODE 6717–01–P Regulatory Commission, 888 First powerhouse with a nameplate capacity Street, NE., Washington, DC 20426. of 26.4 MW. The Commission’s Rules of Practice (4) Long Lake HED is a storage-type DEPARTMENT OF ENERGY require all intervenors filing with the facility consisting of a 593-foot-long, Commission to serve a copy of that 213-foot-high main dam; a 247-foot- Federal Energy Regulatory document on each person on the official long, 108-foot-high cutoff dam; a Commission service list for the project. Further, if an 105,080-acre-foot reservoir; four 236- intervenor files comments or documents foot-long, 16-foot-diameter penstocks; [Docket Nos. AD06–2–000; ER06–406–000; with the Commission relating to the and a 4-unit powerhouse with a ER02–2330–040; ER03–345–006; ER01– merits of an issue that may affect the nameplate capacity of 71.7 MW. 3001–014] responsibilities of a particular resource m. A copy of the application is agency, they must also serve a copy of available for review in the Assessment of Demand Respose the document on that resource agency. Commission’s Public Reference Room or Resources; PJM Interconnection, Motions to intervene and protest and may be viewed on its Web site: http:// L.L.C.; ISO New England Inc.; ISO New requests for cooperating agency status www.ferc.gov, using the ‘‘eLibrary’’ link. England Inc.; New York Independent may be filed electronically via the Enter the docket number excluding the Transmission System Operator, Inc.; Internet in lieu of paper. The last three digits in the docket number Notice of Agenda and Procedures for Commission strongly encourages field to access the document. For Technical Conference on Demand electronic filings. See 18 CFR assistance, contact FERC Online Response and Advanced Metering 385.2001(a)(1)(iii) and the instructions Support at on the Commission’s Web site (http:// [email protected] or toll- January 13, 2006. www.ferc.gov) under the ‘‘e-Filing’’ link. free at 1–866–208–3676, or for TTY, This notice establishes the agenda and k. This application is accepted, but is (202) 502–8659. A copy is also available procedures for the technical conference not ready for environmental analysis at for inspection and reproduction at the to be held on Wednesday, January 25, this time. address in item h above. 2006, at 9:00 am (EST),1 on demand l. The Post falls hydroelectric You may also register online at http:// response and advanced metering development, has a seasonal storage www.ferc.gov/docs-filing/ regarding issues raised by the Energy capacity consisting of the 40,402 acre esubscription.asp to be notified via e- Policy Act of 2005 (EPAct 2005) section Coeur d’Alene Lake with a usable mail of new filings and issuances storage capacity of 223,100 acre-feet. related to this or other pending projects. 1 The initial notice setting the date of this The facility is composed of a 431-foot- For assistance, contact FERC Online technical conference was issued on December 12, long, 31-foot-high dam across the north Support. 2005. 70 Fed. Reg. 74,804 (2005).

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1252(e)(3).2 This notice includes Rehabilitation Act of 1973. For Prohibited communications are additional dockets numbers because accessibility accommodations please included in a public, non-decisional file those filings all contain issues send an e-mail to [email protected] associated with, but not a part of, the associated with demand response and or call toll free 866–208–3372 (voice) or decisional record of the proceeding. those issues may be discussed within 202–208–1659 (TTY), or send a FAX to Unless the Commission determines that presentations. The technical conference 202–208–2106 with the required the prohibited communication and any will be held in the Commission Meeting accommodations. responses thereto should become a part Room at the Federal Energy Regulatory For further information on the of the decisional record, the prohibited Commission, 888 First Street, NE., technical conference, please contact: off-the-record communication will not Washington, DC 20426. The conference David Kathan (Technical Information), be considered by the Commission in will be open for the public to attend and Office of Markets, Tariffs and Rates, reaching its decision. Parties to a advance registration is not required. Federal Energy Regulatory proceeding may seek the opportunity to This will be a staff conference, but Commission, 888 First Street, NE., respond to any facts or contentions Commissioners may attend. Washington, DC 20426, (202) 502– made in a prohibited off-the-record The agenda for this conference is 6404, [email protected]. communication, and may request that attached. In order to allot sufficient time the Commission place the prohibited Aileen Roder (Legal Information), Office for questions and responses, each communication and responses thereto of the General Counsel, Federal speaker will be provided with five in the decisional record. The Energy Regulatory Commission, 888 minutes for prepared remarks. Due to Commission will grant such a request First Street, NE., Washington, DC the limitation of time, slides and only when it determines that fairness so  20426, (202) 502–6022, graphic displays (i.e, PowerPoint requires. Any person identified below as [email protected]. presentations) will not be permitted having made a prohibited off-the-record during the conference. Presenters who Magalie R. Salas, communication shall serve the want to distribute copies of their Secretary. document on all parties listed on the prepared remarks or handouts should [FR Doc. E6–611 Filed 1–19–06; 8:45 am] official service list for the applicable bring 100 double-sided copies to the BILLING CODE 6717–01–P proceeding in accordance with Rule technical conference. Presenters who 2010, 18 CFR 385.2010. wish to include comments, Exempt off-the-record presentations, or handouts in the record DEARTMENT OF ENERGY communications are included in the for this proceeding should file their decisional record of the proceeding, comments with the Commission. Federal Energy Regulatory unless the communication was with a Comments may either be filed on paper Commission cooperating agency as described by 40 or electronically via the eFiling link on CFR 1501.6, made under 18 CFR the Commission’s Web site at http:// [Docket No. RM98–1–000] 385.2201(e)(1)(v). www.ferc.gov. A free webcast of this event will be Records Governing Off-the-Record The following is a list of off-the- available through http://www.ferc.gov. Communications; Public Notice record communications recently Anyone with Internet access who received by the Secretary of the desires to view this event can do so by January 13, 2006. Commission. The communications navigating to http://www.ferc.gov’s This constitutes notice, in accordance listed are grouped by docket numbers in Calendar of Events and locating this with 18 CFR 385.2201(b), of the receipt ascending order. These filings are event in the Calendar. The event will of prohibited and exempt off-the-record available for review at the Commission contain a link to its Webcast. The communications. in the Public Reference Room or may be Capitol Connection provides technical Order No. 607 (64 FR 51222, viewed on the Commission’s Web site at support for the webcasts. It also offers September 22, 1999) requires http://www.ferc.gov using the eLibrary access to this event via television in the Commission decisional employees, who link. Enter the docket number, Washington, DC area and via phone make or receive a prohibited or exempt excluding the last three digits, in the bridge for a fee. Visit http:// off-the-record communication relevant docket number field to access the www.CapitolConnection.org or contact to the merits of a contested proceeding, document. For assistance, please contact Danelle Perkowski or David Reininger at to deliver to the Secretary of the FERC, Online Support at the Capitol Connection 703–993–3100 Commission, a copy of the [email protected] or toll for information about this service. communication, if written, or a free at (866)208–3676, or for TTY, Commission conferences are summary of the substance of any oral contact (202)502–8659. accessible under section 508 of the communication. Exempt:

Date Docket number received Presenter or requester

1. CP05–25–000 ...... 1–5–06 Charles Brown. 2. CP06–32–000 ...... 12–22–05 Hon. Tom Allen.

2 Energy Policy Act of 2005, Pub. L. No. 109–58, (A) Saturation and penetration rates of advanced (E) steps taken to ensure that, in regional § 1252(e)(3), 119 Stat. 594, (2005) (EPAct section meters and communications technologies, devices transmission planning and operations, demand 1252(e)(3)). Section 1252(e)(3) requires the and systems; resources are provided equitable treatment as a Commission, not later than one year after the date (B) existing demand response programs and time- quantifiable, reliable resource relative to the of enactment of the EPAct 2005, to draft and based rate programs; resource obligations of any load-serving entity, publish a report, by appropriate region, that (C) the annual resource contribution of demand transmission provider, or transmitting party; and assesses demand response resources, including resources; (F) regulatory barriers to improved customer those available from all consumer classes. (D) the potential for demand response as a Specifically, the Commission must identify and quantifiable, reliable resource for regional planning participation in demand response, peak reduction review: purposes; and critical period pricing programs.

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Date Docket number received Presenter or requester

3. CP06–34–000 ...... 1–4–06 Hon. James T. Phillips. 4. EC06–4–000, EC06–20–000 ...... 12–20–05 Hon. Ed Whitfield. 5. Project No. 2000–000 ...... 1–4–06 Hon. John M. McHugh. 6. Project No. 2145–060 ...... 12–27–05 Ellen Hall. 7. Project No. 2216–066 ...... 1–5–06 Justin Schapp.

Magalie R. Salas, filings made within a fiscal year. For for filings made on or before September Secretary. example, ‘‘HC06–1–000’’ will be 30, 2006. [FR Doc. E6–609 Filed 1–19–06; 8:45 am] assigned to all such filings made in Submit an original and 14 copies of BILLING CODE 6717–01–P fiscal year 2006; ‘‘HC07–1–000’’ to all all ‘‘PH’’ filings, with a form of notice such filings made in fiscal year 2007. of the ‘‘PH’’ filing suitable for ‘‘PH’’ filings, however, will be docketed publication in the Federal Register on a DEPARTMENT OF ENERGY individually. 31⁄2’’ diskette, to: Magalie R. Salas, Filing guidelines for ‘‘HC’’ and ‘‘PH’’ Secretary, Federal Energy Regulatory Federal Energy Regulatory filings are attached to this notice and Commission, 888 First Street, NE., Commission will be posted on the Commission’s Washington, DC 20426. Forms of notice for ‘‘PH’’ exemption [Docket No. RM05–32–000] Web site at http://www.ferc.gov/help/ how-to.asp. and waiver requests are available on the Repeal of the Public Utility Holding Commission’s Web site at http:// Company Act of 1935 and Enactment Magalie R. Salas, www.ferc.gov/docs-filing/not-form.asp. of the Public Utility Holding Company Secretary. Please be advised that the United States Postal Service scans all Act of 2005; Notice of New Docket Filing Guidelines for ‘‘HC’’ and ‘‘PH’’ Prefixes ‘‘HC’’ and ‘‘PH’’ documents addressed to the Filings Under the Public Utility Holding Commission with a heat-treatment Company Act of 2005 and 18 CFR 366 January 13, 2006. process that may corrupt diskettes and Notice is hereby given that new FERC–65, Notification of Holding render filings unusable. You are docket prefixes ‘‘HC’’ and ‘‘PH’’ have Company Status recommended to use express mail or been established for certain filings courier delivery services. These notification filings should be under the Public Utility Holding [FR Doc. E6–608 Filed 1–19–06; 8:45 am] submitted using the Commission’s Company Act of 2005. BILLING CODE 6717–01–P eFiling system. Do not include waiver or An ‘‘HC’’ docket prefix will be exemption notifications with these assigned to filings that, pursuant to 18 filings. The document you submit CFR 366.4(a), notify the Commission should include HC06–1–000 in the ENVIRONMENTAL PROTECTION that a company meets the definition of caption or heading of the document, for AGENCY a holding company. Thus, an ‘‘HC’’ filings made on or before September 30, docket prefix will be assigned to FERC– [EPA–HQ–OAR–2003–0039, FRL–8023–4] 2006. During the eFiling submission 65 filings, ‘‘Notification of Holding process: Agency Information Collection Company Status.’’ 1. Select the filing type ‘‘Production Activities: Proposed Collection; A ‘‘PH’’ docket prefix will be assigned Comment Request; Reporting and to filings that, pursuant to 18 CFR of Document.’’ 2. On the Select Docket screen, enter Recordkeeping Requirements of the 366.4(b)(1), (c)(1), seek exemption from HCFC Allowance System, EPA ICR the requirements of the Public Utility HC06–1 in the docket number search block and select HC06–1–000 from the Number 2014.03, OMB Control Number Holding Company Act of 2005, or 2060–0498, Correction waiver of the Commission’s regulations results. under the Public Utility Holding 3. Before you browse, select, and ACTION: Notice; correction. Company Act of 2005. Thus, a ‘‘PH’’ attach the file, make sure that the file docket prefix will be assigned to FERC– name is less than 25 characters and SUMMARY: Through this action, EPA is 65A filings, ‘‘Exemption Notification,’’ contains no spaces or special characters. correcting the Notice published in the and to FERC–65B filings, ‘‘Waiver 4. On the Submission Description Federal Register on December 20, 2005 Notification.’’ screen, edit the description by replacing (70 FR 75458). Specifically, EPA is Petitions for declaratory order made ‘‘Production of Document’’ with clarifying that the OMB Control Number pursuant to 18 CFR 366.4(b)(2), (c)(2), ‘‘Notification of Holding Company for this Information Collection Activity however, will be assigned an ‘‘EL’’ Status.’’ is 2060–0498 and not 2060–0948. All docket prefix, as the Commission has If you are unable to file electronically, other components of the December 20, traditionally done for petitions for you must submit an original and 14 2005 Notice remain the same. declaratory orders under the Federal paper copies of the filing to the address FOR FURTHER INFORMATION CONTACT: Power Act. below. It is not necessary to include a Cindy Axinn Newberg, Stratospheric The ‘‘HC’’ and ‘‘PH’’ docket prefix form of notice for the Federal Register. Protection Division, Office of formats will be HCFY–NNN–000 and Atmospheric Programs, Office of Air FERC–65A, Exemption Notification, and PHFY–NNN–000, where ‘‘FY’’ is the and Radiation, Mail Code 6205J, FERC–65B, Waiver Notification fiscal year in which the proceeding Environmental Protection Agency, 1200 commenced, and ‘‘NNN’’ is a sequential These filings must be submitted on Pennsylvania Ave., NW., Washington, number. For ‘‘HC’’ filings, a single paper at this time. The document you DC 20460; telephone number: 202–343– docket number will be assigned to all submit should include PH06–__–000 in 9729 and e-mail address: Notification of Holding Company Status the caption or heading of the document, [email protected].

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SUPPLEMENTARY INFORMATION: Although decommissioning, and disposal Based Fishery Ecosystem Plans, the Notice was published in the Federal activities and does not fully evaluate all Realignment, Implementation, Western Register on December 20, 2005 (70 FR feasible alternatives. EPA requested Pacific Region (America Samoa, Guam, 75458) with the correct EPA ICR additional information on the handling Hawaii, Commonwealth of the Northern Number (2014.03), the OMB Control and control of source, product and Mariana Islands), and U.S. Pacific Number in the title and in the Notice waste materials, more comprehensive Remote Island Areas. itself was incorrect. Therefore, EPA is cancer rate data, more comprehensive Summary: EPA does not object to the clarifying that the OMB Control Number pollutant modeling data, a more proposed action. Rating LO. is 2060–0498 and not 2060–0948. comprehensive radiation monitoring EIS No. 20050481, ERP No. D–FTA– scheme, and the most current annual Need for Correction H40187–MO, St. Louis Metro South radiological emission data. EPA also Metrolink Extension, Transportation As published, the Notice contains requested an analysis of the cumulative Improvement, City of St. Louis, St. errors which may prove to be impacts for (1) construction of Cylinder Louis County, MO. misleading and need to be corrected. Storage Yard X–745H on the currently Agency Information Collection impaired stream (Little Beaver Creek) Summary: EPA has expressed Activities: Proposed Collection; due to additional erosion and environmental concerns about the Comment Request; Reporting and sedimentation impacts, and (2) proposed project regarding potential Recordkeeping Requirements of the groundwater contamination. Rating EC2. impacts to floodplains, park and HCFC Allowance System, EPA ICR recreation lands, water quality, EIS No. 20050374, ERP No. D–BLM– wetlands, noise and vibration. EPA is Number 2014.03, OMB Control Number K65290–CA, Ukiah Resource 2060–0498, Correction. also concerned about the uncertainty of Management Plan, Implementation, potential issues that could arise between Dated: January 12, 2006. Several Counties, CA. now and the projected construction start Drusilla Hufford, Summary: EPA does not object to the date, which is likely greater than 5 Division Director, Stratospheric Protection proposed project. Rating LO. years, considered to be the useful life of Division. EIS No. 20050414, ERP No. D–NRC– an EIS. Rating EC2. [FR Doc. E6–635 Filed 1–19–06; 8:45 am] C06015–NY, Generic—License Renewal EIS No. 20050493, ERP No. D–NPS– BILLING CODE 6560–50–P of Nuclear Plants for Nine Mile Point G61043–AR, Pea Ridge National Nuclear Station, Units 1 and 2, Military Park General Management Plan, Supplement 24 to NUREG 1437, Implementation, AR. ENVIRONMENTAL PROTECTION Implementation, Lake Ontario, Oswego AGENCY Summary: EPA does not object to the County, NY. preferred action as described in the [ER–FRL–6671–5] Summary: EPA expressed DEIS. Rating LO. environmental concerns about the EIS No. 20050460, ERP No. DS–USN– Environmental Impact Statements and project’s impingement and entrainment A10072–00, Surveillance Towed Array Regulations; Availability of EPA impacts to fish and shellfish, as well as Sensor System Low Frequency Active Comments from heat shock and the need to perform (SURTASS LFA) Sonar Systems, a narrower EJ analysis. EPA also Availability of EPA comments Updated and Additional Information, requested that the issues of waste prepared pursuant to the Environmental Implementation. Review Process (ERP), under section treatment and pollution prevention be addressed. Rating EC2. Summary: EPA does not object to the 309 of the Clean Air Act and Section proposed action. Rating LO. 102(2)(c) of the National Environmental EIS No. 20050441, ERP No. D–COE– Policy Act as amended. Requests for L32013–AK, Delong Mountain Terminal EIS No. 20050483, ERP No. DS–UAF– copies of EPA comments can be directed Project, Proposed Construction and G11038–00, Realistic Bomber Training to the Office of Federal Activities at Operation of Navigation Improvements, Initiative, Addresses Impacts of Wake 202–564–7167. An explanation of the Northwest Arctic Borough, AK. Vortices on Surface Structures, Dyess Air Force Base, TX and Barksdale Air ratings assigned to draft environmental Summary: EPA expressed Force Base, LA. impact statements (EISs) was published environmental concerns about potential in FR dated April 1, 2005 (70 FR 16815). adverse impacts to subsistence Summary: EPA does not object to the proposed project. Rating LO. Draft EISs resources and the ability of native hunters to harvest these resources. EPA Final EISs EIS No. 20050308, ERP No. D–BLM– recommended consideration of changes K65289–NV, Ely District Resource to the preferred alternative and EIS No. 20050420, ERP No. F–IBR– Management Plan, Implementation, additional mitigation measures to K60035–NV, Humboldt Project White Pine, Lincoln Counties and a reduce these impacts be considered Conveyance, Transferring 83,530 Acres Portion of Nye County, NV. during Government-to-Government from Federal Ownership to the Pershing Summary: EPA does not object to the Consultation with the local Tribes. EPA County Water Conservation District proposed action. Rating LO. also recommended that the Final EIS (PCWCD), Pershing and Lander EIS No. 20050365, ERP No. D–NRC– include additional information Counties, NV. F06027–OH, American Centrifuge Plant, regarding the planning process, Summary: EPA does not object to the Gas Centrifuge Uranium Enrichment evaluation of alternatives, cost proposed project. Facility, Construction, Operation, and estimates, and economic analysis. EIS No. 20050474, ERP No. F–COE– Decommission, License Issuance, Rating EC2. K11114–CA, Mare Island Reuse of Piketon, OH. EIS No. 20050469, ERP No. D–NOA– Dredged Material Disposal Ponds as a Summary: EPA expressed concerns A91073–00, Programmatic—Towards an Confirmed Updated Dredged Material about the generic approach in the Ecosystem Approach for the Western Disposal Facility, Issuing Section 404 preparation of the DEIS, because it does Pacific Region: From Species Based Permit Clean Water Act and Section 10 not address all related enrichment, Fishery Management Plans to Place- Permit Rivers and Harbor Act, San

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Francisco Bay Area, City of Vallejo, Summary: No formal comment letter EIS No. 20060010, Draft EIS, IBR, NM, Solando County, CA. was sent to the preparing agency. Long-Term Miscellaneous Purposes Summary: EPA concerns regarding EIS No. 20060000, ERP No. F–BLM– Contract Abstract, To Use Carlsbad responsibility for key aspects of site G65096–NM, McGregor Range Resource Project Water for Purposes Other than operations were addressed in the Final Management Plan Amendment (RMPA), Irrigation, Eddy County, NM, Comment EIS; therefore, EPA does not object to Implementation, Otero County, NM. Period Ends: 3/13/2006, Contact: Marsha Carra, 505–462–3602. the proposed action. Summary: No comment letter was EIS No. 20060011, Draft EIS, BLM, EIS No. 20050482, ERP No. F–AFS– sent to the preparing agency. UT, Chapita Wells-Stagecoach Area J65427–WY, Cottonwood II Vegetation Dated: January 17, 2006. Natural Gas Development, Drilling and Management Project, Vegetation Pearl Young, Production Operations of Natural Gas Management in the North and South Management Analyst, Office of Federal Wells and Associated Access Road, and Cottonwood Creek Drainages, Activities. Pipelines, Uintah County, UT, Comment Implementation, Bridger-Teton National [FR Doc. E6–651 Filed 1–19–06; 8:45 am] Period Ends: 3/6/2006, Contact: Forest, Big Piney Ranger District, BILLING CODE 6560–50–P Stephanie Howard, 435–781–4400. Sublette County, WY. EIS No. 20060012, Final Supplement, Summary: EPA has remaining COE, CA, U.S. Army National Training concerns about potential adverse ENVIRONMENTAL PROTECTION Center, Additional Maneuver Training impacts to water quality, soils, fish and AGENCY Land at Fort Irwin, Implementation, San wildlife habitat, and socio-economic Bernardino County, CA, Wait Period impacts to the community. [ER–FRL–6671–4] Ends: 2/21/2006, Contact: Ray Marler, EIS No. 20050499, ERP No. F–AFS– 760–380–3035. Environmental Impact Statements; EIS No. 20060013, Final EIS, COE, 00, H65022–MO, Mark Twain National Notice of Availability Forest Land and Resource Management TIERED–FEIS Baltimore Harbor and Plan, Implementation, Revise to the Responsible Agency: Office of Federal Channels Dredged Material Management 1986 Land and Resource Management Activities, General Information (202) Plan (DMMP), To Analyze Dredged Plan, several counties, MO. 564–7167 or http://www.epa.gov/ Material Placement, Port of Baltimore, Summary: The Final EIS addressed compliance/nepa/. Chesapeake Bay, MD, PA, DE, WV, DC, EPA’s concerns on air quality impacts of Weekly receipt of Environmental Impact and NY, Wait Period Ends: 2/21/2006, prescribed burning, degree of Statements Contact: Mark Mendelsohn, 401–962– cumulative impacts assessment and Filed 1/9/2006 through 1/13/2006 9499. EIS No. 20060014, Draft EIS, NPS, provides more detail on the adaptive Pursuant to 40 CFR 1506.9. OH, Dayton Aviation Heritage National management process. Therefore, EPA EIS No. 20060006, Final EIS, AFS, Historical Park, General Management does not object to the proposed action. AK, Scott Peak Project Area, Harvesting Plan Amendment, Implementation, EIS No. 20050505, ERP No. F–AFS– Timber and Development of Road Dayton, OH, Comment Period Ends: 3/ L65481–00, Caribou Travel Plan Management, Tongrass National Forest, 20/2006, Contact: Lawrence Blake, 937– Revision, Determine the Motorized Road Petersburg Ranger District, Northeast of 225–7710. and Trail System, Implementation, Kupreanof Island, AK, Wait Period EIS No. 20060015, Draft EIS, AFS, CA, Caribou-Targhee National Forest, Ends: 2/13/2006, Contact: Linda Slaght Kirkwood Mountain Resort, Proposed Westside, Soda Spring and Montpeller 907–772–3871. 2003 Mountain Master Development Ranger Districts, Bannock, Bear River, Revision to FR Notice published on 1/ Plan, Implementation, Eldorado Bonneville, Caribou, Franklin, Oneida 6/2006: The above EIS should have National Forest, Amador, Alpine and EL and Power Counties, ID; Box Elder and appeared in the FR on 1/6/2006. The Dorado Counties, CA, Comment Period Cache Counties, UT and Lincoln Wait Period is calculated from the FR on Ends: 3/6/2006, Contact: Sue Rodman, County, WY. 1/6/2006. 530–622–5061. Summary: The final EIS addressed EIS No. 20060007, Draft Supplement, EIS No. 20060016, Fourth Draft EPA’s concerns about the travel plan’s COE, MA, Boston Harbor Inner Harbor Supplement, NOA, 00, Amendment 26 potential adverse impacts to water Maintenance Dredging Project, Updated to the Gulf of Mexico Reef Fish Fishery quality, air quality, and wilderness; Information, Boston Harbor, Mystic Management Plan, Proposed Individual therefore, EPA does not object to the River and Chelsea River, MA, Comment Fishing Quota (IFQ) Program to Reduce proposed action. Period Ends: 3/6/2006, Contact: Michael Overcapacity in the Commercial Red Keegan, 978–318–8087. EIS No. 20050512, ERP No. F–NPS– Snapper Fishery, Comment Period Ends: EIS No. 20060008, Draft EIS, FHW, D61056–DC, Rock Creek Park and the 3/6/2006, Contact: Dr. Roy E. Crabtree, LA, East-West Corridor Highway Rock Creek and Potomac Parkway 727–824–5308. Component, from I–130 to Louis Project, General Management Plan, EIS No. 20060017, Draft EIS, AFS, FL, Armstrong International Airport, to Implementation, Washington, DC. Ocala National Forest Access Central Business District (CBD), Designation Process, Roads and Trails Summary: The Final EIS has Jefferson, Orleans and St. Charles Systems Development, Implementation, adequately addressed EPA’s concerns Parishes, LA, Comment Period Ends: 3/ Lake, Marion and Putnam Counties, FL, with road improvements and visitor 6/2006, Contact: William Farr, 225–757– Comment Period Ends: 2/21/2006, safety, wildlife management, and 7615. Contact: Will Ebaugh, 850–523–8557. historic resources; therefore, EPA does EIS No. 20060009, Final EIS, NPS, EIS No. 20060018, Final EIS, COE, not object to the proposed action. AK, Denali National Park and Preserve TX, Upper Trinity River Basin Project, EIS No. 20050536, ERP No. F–FAA– Revised Final Backcountry Management To Provide Flood Damage Reduction, A12043–00, Horizontal Launch and Plan, General Management Plan Ecosystem Improvement, Recreation Reentry of Reentry Vehicles, Facilitate Amendment, Implementation, AK, Wait and Urban Revitalization, Trinity River, the Issuance of Licenses in United Period Ends: 2/21/2006, Contact: Central City, Fort Worth, Tarrant States. Adrienne Lindholm, 907–644–3613. County, TX, Wait Period Ends: 2/21/

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2006, Contact: Dr. Rebecca Griffith, 817– 2006. EPA has received requests for this primary Web site: http://www.epa.gov/ 886–1820. hearing from multiple parties, and has docs/fedrgstr/EPA-AIR/. been asked if the hearing could be held Docket: An electronic version of the Amended Notices later in January because of travel public docket is available through the EIS No. 20050459, Draft EIS, BLM, 00, concerns. By today’s notice, EPA Federal government’s electronic public PROGRAMMATIC—Vegetation announces a rescheduled hearing date docket and comment system. You may Treatments Using Herbicides on Bureau and public comment deadline for this access EPA dockets at http:// of Land Management Public Lands in 17 request. www.regulations.gov. After opening the Westerns, including Alaska, Comment www.regulations.gov Web site, select Period Ends: 2/10/2006, Contact: Brian DATES: EPA will hold a public hearing ‘‘Environmental Protection Agency’’ Amme, 775–861–6645. concerning CARB’s request on Monday, from the pull-down Agency list, then Revision of FR Notice Published 11/ January 23, 2006, beginning at 10 a.m. scroll to Docket ID EPA–HQ–OAR– 10/2005: Comment Period Ending 1/9/ Any party may submit written 2005–0123 to view documents in, or 2006 has been Extended to 2/10/2006. comments on this request by February submit comments to, the record of the EIS No. 20060004, Final EIS, FHW, 22, 2006. Parties wishing to present oral TRU authorization request. Although a MD, Intercounty Connector (ICC) from testimony at the public hearing should part of the official docket, the public I–270 to US1, Funding and US Army provide written notice to Robert M. docket does not include Confidential COE Section 404 Permit, Montgomery Doyle at the address noted below, by or Business Information (CBI) or other and Prince George’s Counties, MD, Wait before January 18, 2005. information whose disclosure is Period Ends: 2/27/2006, Contact: Dan ADDRESSES: EPA will make available for restricted by statute. Johnson, 410–779–7154. public inspection at the Air and Dated: January 13, 2006. Revision of FR Notice Published 1/13/ Radiation Docket and Information William L. Wehrum, 2006: Correction to Wait Period Ending Center written comments received from Acting Assistant Administrator, Office of Air 2/13/2006 has been extended to 2/27/ interested parties, in addition to any and Radiation. 2006. testimony given at the public hearing. [FR Doc. E6–637 Filed 1–19–06; 8:45 am] The official public docket is the Dated: January 17, 2006. BILLING CODE 6560–50–P collection of materials that is available Dawn Roberts, for public viewing at the Air and Management Analyst, Office of Federal Radiation Docket in the EPA Docket Activities. ENVIRONMENTAL PROTECTION Center, (EPA/DC) EPA West, Room AGENCY [FR Doc. 06–539 Filed 1–19–06; 8:45 am] B102, 1301 Constitution Ave., NW., BILLING CODE 6560–50–M Washington, DC. The EPA Docket [EPA–HQ–OPP–2006–0517; FRL–7758–7] Center Public Reading Room is open Endangered Species Protection from 8:30 a.m. to 4:30 p.m., Monday ENVIRONMENTAL PROTECTION Program; Notice of Public Meeting AGENCY through Friday, excluding legal holidays. The telephone number for the AGENCY: Environmental Protection [AMS–FRL–8023–1] Public Reading Room is (202) 566–1744, Agency (EPA). and the telephone number for the Air ACTION: Notice. California State Nonroad Engine and and Radiation Docket is (202) 566–1743. Vehicle Pollution Control Standards; The reference number for this docket is SUMMARY: EPA’s Office of Pesticide TRU Authorization Request; Notice of OAR–2005–0123. Parties wishing to Programs will hold a public meeting on New Hearing Date present oral testimony at the public February 22, 2006. This notice hearing should provide written notice to announces the location and times for AGENCY: Environmental Protection the meeting, and sets forth the tentative Agency. Robert M. Doyle at the address noted below. EPA will hold the public hearing agenda topics. The focus of the meeting ACTION: Notice of opportunity for public at 1310 L St, NW., Room 152, is to inform the public about aspects of hearing and comment. Washington, DC. 20005. EPA’s Endangered Species Protection Program field implementation, SUMMARY: FOR FURTHER INFORMATION CONTACT: The California Air Resources including EPA’s overall approach to Board (CARB) has notified EPA that it Robert M. Doyle, Compliance and field implementation, under what has adopted an Airborne Toxic Control Innovative Strategies Division (6405J), circumstances EPA will be employing Measure (ATCM) establishing in-use U.S. Environmental Protection Agency, this approach, the responsibilities of the performance standards for nonroad 1200 Pennsylvania Ave, NW., public, and the roles of other engines used in transport refrigeration Washington, DC 20460. Telephone: government agencies. The meeting will units (TRU) and TRU generator sets that (202) 343–9258, Fax: (202) 343–2804, e- also provide an opportunity for the will be phased-in commencing on mail address: [email protected]. public to ask specific questions and December 31, 2008. By letter dated EPA will make available an electronic receive answers. March 28, 2005, CARB requested that copy of this Notice on the Office of DATES: EPA grant California authorization for Transportation and Air Quality’s The meeting will be held on such standards under section 209(e)(2) (OTAQ’s) homepage (http:// Wednesday, February 22, 2006, from 9 of the Clean Air Act (CAA), 42 U.S.C. www.epa.gov/otaq/). Users can find this a.m. to 4:30 p.m. 7543(b). On November 21, 2005, EPA document by accessing the OTAQ ADDRESSES: The meeting will be held at announced an opportunity for public homepage and looking at the path the Sheraton Crystal City Hotel, 1800 hearing and request for public comment entitled ‘‘Federal Register Notices.’’ This Jefferson Davis Highway, Arlington, VA on this request (70 FR 70075). In that service is free of charge, except any cost 22202. Notice, EPA tentatively scheduled a you already incur for Internet FOR FURTHER INFORMATION CONTACT: public hearing on this request for connectivity. Users can also get the Megan Thynge, Environmental Fate and January 3, 2006, and a deadline date for official Federal Register version of the Effects Division (7507C), Office of written public comments of February 6, Notice on the day of publication on the Pesticide Programs, Environmental

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Protection Agency, 1200 Pennsylvania species or their designated critical ADDRESSES: Written comments should Ave., NW., Washington, DC 20460– habitat, may be subject to the ESPP. be sent to Susan Mooney, Waste 0001; telephone number: (703) 305– This public meeting will address Management Branch (Mail Code DW– 6005; fax number: (703) 305–6309; e- ESPP program elements so that the 8J), U.S. EPA Region 5, 77 West Jackson mail address:[email protected]. public will understand EPA’s overall Boulevard, Chicago, IL 60604, SUPPLEMENTARY INFORMATION: approach to field implementation, what telephone: (312) 886–3585. Comments their responsibilities will be, under may also be submitted electronically to I. General Information what circumstances EPA would be [email protected] or by facsimile A. Does this Action Apply to Me? employing this approach, and the roles at (312) 353–4788. You may examine of other government agencies. The copies of the relevant portions of This action is directed to the public meeting will also provide an Wisconsin’s regulations during normal in general, and may be of particular opportunity for the public to ask business hours at U.S. EPA Region 5. interest to State and Tribal regulatory specific questions and receive answers. partners, other interested Federal FOR FURTHER INFORMATION CONTACT: agencies, environmental or public III. Tentative Agenda Susan Mooney, Waste Management Branch (mail code DW–8J), U.S. EPA interest groups, pesticide registrants and The tentative meeting agenda is pesticide users. Since other entities may Region 5, 77 West Jackson Boulevard, outlined below, and the final agenda Chicago, Illinois 60604, telephone (312) also be interested, the Agency has not will be posted at http://www.epa.gov/ attempted to describe all the specific 886–3585, [email protected]. espp, along with hotel information and SUPPLEMENTARY INFORMATION: entities that may be affected by this meeting logistics. action. If you have any questions 1. Overview of Endangered Species A. Background regarding the applicability of this action Act (ESA) and Endangered Species On March 22, 2004, EPA issued a to a particular entity, consult the person Protection Program (ESPP). final rule amending the municipal solid listed under FOR FURTHER INFORMATION 2. Scope of ESPP. waste landfill criteria in 40 CFR part CONTACT. 3. Implementation process. 258 to allow for research, development B. How Can I Get Copies of this 4. Label language and enforcement. and demonstration (RD&D) permits. (69 Document and Other Related 5. Endangered Species Protection FR 13242). This rule allows for Information? Bulletins (Bulletins). variances from specified criteria for a 6. Public participation and the role of 1. Docket. EPA has established a limited period of time, to be States and Tribes. docket for this action under docket implemented through state-issued 7. Implementation timing. identification (ID) number EPA–HQ– RD&D permits. RD&D permits are only OPP–2006–0517. Publicly available List of Subjects available in states with approved docket materials are available either MSWLF permit programs which have Environmental protection, been modified to incorporate RD&D electronically athttp:// Endangered species, Pesticides. www.regulations.gov or in hard copy at permit authority. While States are not the Public Information and Records Dated: January 13, 2006. required to seek approval for this new Integrity Branch (PIRIB), Rm. 119, James Jones, provision, those States that are Crystal Mall #2, 1801 S. Bell St., Director, Office of Pesticide Programs. interested in providing RD&D permits to owners and operators of MSWLFs must Arlington, VA. This Docket Facility is [FR Doc. E6–648 Filed 1–19–06; 8:45 am] open from 8:30 a.m. to 4 p.m., Monday seek approval from EPA before issuing BILLING CODE 6560–50–S through Friday, excluding legal such permits. Approval procedures for holidays. The Docket telephone number new provisions of 40 CFR part 258 are is (703) 305–5805. outlined in 40 CFR 239.12. ENVIRONMENTAL PROTECTION Wisconsin’s MSWLF permit program 2. Electronic access. You may access AGENCY this Federal Register document was approved on November 20, 1996 (61 FR 59096). On November 8, 2005, electronically through the EPA Internet Adequacy of Wisconsin Municipal Wisconsin applied for approval of its under the ‘‘Federal Register’’ listings Solid Waste Landfill Program athttp://www.epa.gov/fedrgstr/. RD&D permit provisions. Wisconsin AGENCY: Environmental Protection submitted its rules under NR 514.10 for II. Background Agency (EPA). review. In the Federal Register of November ACTION: Notice of proposed B. Decision 2, 2005 (70 FR 66392) (FRL–7739–7), determination of adequacy. EPA published a notice announcing its After a thorough review, U.S. EPA approach to field implementation of its SUMMARY: The U.S. Environmental Region 5 is proposing that Wisconsin’s Endangered Species Protection Program Protection Agency (EPA) Region 5 is RD&D permit provisions as defined (ESPP). The goal of the ESPP is to carry proposing to approve a modification to under NR 514.10 are adequate to ensure out responsibilities under the Federal Wisconsin’s approved municipal solid compliance with the Federal criteria as Insecticide, Fungicide, and Rodenticide waste landfill (MSWLF) permit defined at 40 CFR 258.4. Act (FIFRA) in compliance with the program. The modification allows the Authority: This action is issued under the Endangered Species Act (ESA), while at State to issue research, development authority of section 2002, 4005 and 4010(c) the same time not placing unnecessary and demonstration (RD&D) permits to of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945 and 6949(a). burden on agriculture and other owners and operators of MSWLF units pesticide users. The implementation in accordance with its state law. Dated: January 10, 2006. approach will relay geographically DATES: All comments on Wisconsin’s Bharat Mathur, specific pesticide use limitations to the application for approval of its research, Deputy Regional Administrator, U.S. EPA, pesticide user when necessary to protect development and demonstration permit Region 5. listed species. All pesticide products modification must be received by [FR Doc. E6–636 Filed 1–19–06; 8:45 am] EPA determines ‘‘may affect’’ a listed February 21, 2006. BILLING CODE 6560–50–P

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FEDERAL COMMUNICATIONS Commission adopt a percentage-based TW–A325, 445 12th Street, SW., COMMISSION materiality threshold, rather than an Washington, DC 20554. Parties should absolute number, for both individual also send a copy of their filings to Kim [WC Docket No. 05–352; DA 06–15] items and aggregate discrepancies for a Yee, Pricing Policy Division, Wireline Modification to RAO Letter 12 given reporting period. Competition Bureau, Federal Interested parties may file comments Communications Commission, Room 6– AGENCY: Federal Communications on or before February 1, 2006 and reply C242, 445 12th Street, SW., Washington, Commission. comments on or before February 22, DC 20554, or by e-mail to ACTION: Notice. 2006. Comments may be filed using the [email protected]. Parties shall also serve Commission’s Electronic Comment one copy with the Commission’s copy SUMMARY: This document seeks Filing System (ECFS) or by filing paper contractor, Best Copy and Printing, Inc. comments on a petition filed by copies. Comments filed through the (BCPI), Portals II, 445 12th Street, SW., BellSouth Corporation, AT&T Inc., and ECFS can be sent as an electronic file Room CY–B402, Washington, DC 20554, Qwest Corporation asking the via the Internet to http://www.fcc.gov/e- (202) 488–5300, or via e-mail to Commission to modify RAO Letter 12 to file/ecfs.html. Generally, only one copy [email protected]. eliminate, at the earliest possible date, of an electronic submission must be The petition and comments and reply the $1 million materiality threshold filed. In completing the transmittal comments filed by participating parties applicable to Joint Cost audits and screen, commenters should include will be available for public inspection ARMIS filings. their full name, U.S. Postal Service and copying during business hours at DATES: Comments are due February 1, mailing address, and the applicable the FCC Reference Information Center, 2006 and reply comments are due docket or rulemaking number, in this Portals II, 445 12th Street, SW, Room February 22, 2006. case, WC Docket No. 05–352. Parties CY–A257, Washington, D.C. 20554. The ADDRESSES: You may submit comments, may also submit an electronic comment documents may also be purchased from identified by WC Docket No. 05–352, by by Internet e-mail. To get filing BCPI, telephone (202) 488–5300, any of the following methods: instructions for e-mail comments, facsimile (202) 488–5563, TTY (202) • Federal eRulemaking Portal: http:// commenters should send an e-mail to 488–5562, or by e-mail at www.regulations.gov. Follow the [email protected], and should include the [email protected]. instructions for submitting comments. following words in the body of the This matter shall be treated as a • Federal Communications message, ‘‘get form .’’ A sample form and accordance with the Commission’s ex www.fcc.gov/cgb/ecfs. Follow the directions will be sent in reply. Parties parte rules. Persons making oral ex instructions for submitting comments. who choose to file by paper must file an parte presentations are reminded that • E-mail: Include the docket number original and four copies of each filing. memoranda summarizing the in the subject line of the message. Filings can be sent by hand or presentations must contain summaries • Mail: Federal Communications messenger delivery, by commercial of the substance of the presentations Commission, 445 12th Street, SW., overnight courier, or by first-class or and not merely a listing of the subjects Washington, DC 20554. overnight U.S. Postal Service mail discussed. More than a one-or two- • People with Disabilities: Contact the (although we continue to experience sentence description of the views and FCC to request reasonable delays in receiving U.S. Postal Service arguments presented generally is accommodations (accessible format mail). Parties are strongly encouraged to required. Other requirements pertaining documents, sign language interpreters, file comments electronically using the to oral and written presentations are set CART, etc.) by e-mail: [email protected] Commission’s ECFS. forth in section 1.1206(b) of the or phone: 202–418–0530 or TTY: 202– The Commission’s contractor, Natek, Commission’s rules. 418–0432. Inc., will receive hand-delivered or Federal Communications Commission. For detailed instructions for messenger-delivered paper filings for submitting comments and additional the Commission’s Secretary at 236 Thomas J. Navin, information on the rulemaking process, Massachusetts Avenue, NE., Suite 110, Chief, Wireline Competition Bureau. see the SUPPLEMENTARY INFORMATION Washington, DC 20002. [FR Doc. 06–572 Filed 1–19–06; 8:45 am] section of this document. —The filing hours at this location are 8 BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: Kim a.m. to 7 p.m. Yee, Pricing Policy Division, Wireline —All hand deliveries must be held FEDERAL COMMUNICATIONS Competition Bureau at (202) 418–0805. together with rubber bands or COMMISSION SUPPLEMENTARY INFORMATION: On fasteners. December 5, 2005, BellSouth —Any envelopes must be disposed of Revised Sunshine Notice; Sunshine Corporation, AT&T Inc., and Qwest before entering the building. Act Meeting; Open Commission Corporation (‘‘Joint Petitioners’’) filed a —Commercial overnight mail (other Meeting; Friday, January 20, 2006 petition asking the Commission to than U.S. Postal Service Express Mail modify RAO Letter 12 to eliminate, at and Priority Mail) must be sent to January 17, 2006. the earliest possible date, the $1 million 9300 East Hampton Drive, Capitol The Federal Communications materiality threshold applicable to Joint Heights, MD 20743. Commission will hold an Open Meeting Cost audits and ARMIS filings. Joint —U.S. Postal Service first-class mail, on the subjects listed below on Friday, Petitioners believe the public interest Express Mail, and Priority Mail January 20, 2006, which is scheduled to would best be served if large incumbent should be addressed to 445 12th commence at 9:30 a.m. in Room TW– LECs use the same materiality standard Street, SW., Washington, DC 20554. C305, at 445 12th Street, SW., for both Generally Accepted Accounting All filings must be addressed to the Washington, DC. The Meeting will focus Principles (‘‘GAAP’’) and Commission Commission’s Secretary, Marlene H. on presentations by senior agency regulatory purposes. In the alternative, Dortch, Office of the Secretary, Federal officials regarding implementations of Joint Petitioners request that the Communications Commission, Room the agency’s strategic plan and a

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comprehensive review of FCC policies Reserve Bank indicated. The notices Unless otherwise noted, comments and procedures. also will be available for inspection at regarding each of these applications Presentations will be made in three the office of the Board of Governors. must be received at the Reserve Bank panels: Interested persons may express their indicated or the offices of the Board of Panel One will feature the Chiefs of views in writing to the Reserve Bank Governors not later than February 16, the Wireless Telecommunications indicated for that notice or to the offices 2006. Bureau, the Office of Engineering and of the Board of Governors. Comments A. Federal Reserve Bank of Chicago Technology and the International must be received not later than February (Patrick M. Wilder, Assistant Vice Bureau. 6, 2006. President) 230 South LaSalle Street, Panel Two will feature the Chief of A. Federal Reserve Bank of San Chicago, Illinois 60690-1414: the Consumer & Governmental Affairs Francisco (Tracy Basinger, Director, 1. FBOP Corporation, Oak Park, Bureau and the Chief of the Regional and Community Bank Group) Illinois; to acquire at least 50 percent of Enforcement Bureau. 101 Market Street, San Francisco, the voting shares of Community Bank of Panel Three will feature the Chief of California 94105-1579: Lemont, Illinois. 1. Woosung (Edward) Park, Seattle, the Media Bureau and the Chief of the Board of Governors of the Federal Reserve Wireline Competition Bureau. Washington; to retain voting shares of System, January 17, 2006. Additional information concerning Pacific International Bancorp, Inc., and thereby retain voting shares of Pacific Robert deV. Frierson, this meeting may be obtained from Deputy Secretary of the Board. Audrey Spivack or David Fiske, Office International Bank, both of Seattle, [FR Doc. E6–642 Filed 1–19–06; 8:45 am] of Media Relations, (202) 418–0500; Washington. TTY 1–888–835–5322. Audio/Video Board of Governors of the Federal Reserve BILLING CODE 6210–01–S coverage of the meeting will be System, January 17, 2006. broadcast live with open captioning Robert deV. Frierson, FEDERAL TRADE COMMISSION over the Internet from the FCC’s Audio/ Deputy Secretary of the Board. Video Events Web page at http:// [FR Doc. E6–643 Filed 1–19–06; 8:45 am] Agency Information Collection www.fcc.gov/realaudio. BILLING CODE 6210–01–S Activities; Submission for OMB For a fee this meeting can be viewed Review; Comment Request live over George Mason University’s Capitol Connection. The Capitol FEDERAL RESERVE SYSTEM AGENCY: Federal Trade Commission Connection also will carry the meeting (‘‘FTC’’ or ‘‘Commission’’). Formations of, Acquisitions by, and live via the Internet. To purchase these ACTION: Notice. services call (703) 993–3100 or go to Mergers of Bank Holding Companies SUMMARY: http://www.capitolconnection.gmu.edu. The companies listed in this notice The information collection Copies of materials adopted at this have applied to the Board for approval, requirements described below will be meeting can be purchased from the pursuant to the Bank Holding Company submitted to the Office of Management FCC’s duplicating contractor, Best Copy Act of 1956 (12 U.S.C. 1841 et seq.) and Budget (‘‘OMB’’) for review, as and Printing, Inc. (202) 488–5300; Fax (BHC Act), Regulation Y (12 CFR part required by the Paperwork Reduction (202) 488–5563; TTY (202) 488–5562. 225), and all other applicable statutes Act (‘‘PRA’’) (44 U.S.C. 3501–3520). The These copies are available in paper and regulations to become a bank FTC is seeking public comments on its format and alternative media, including holding company and/or to acquire the proposal to extend through January 31, large print/type; digital disk; and audio assets or the ownership of, control of, or 2009 the current PRA clearances for and video tape. Best Copy and Printing, the power to vote shares of a bank or information collection requirements Inc. may be reached by e-mail at bank holding company and all of the contained in four consumer financial [email protected]. banks and nonbanking companies regulations enforced by the Commission. Those clearances expire Federal Communications Commission. owned by the bank holding company, on January 31, 2006. Marlene H. Dortch, including the companies listed below. DATES: Comments must be received on Secretary. The applications listed below, as well or before February 21, 2006. [FR Doc. 06–573 Filed 1–18–06; 12:48 pm] as other related filings required by the Board, are available for immediate ADDRESSES: Interested parties are BILLING CODE 6712–01–P inspection at the Federal Reserve Bank invited to submit written comments. indicated. The application also will be Comments should refer to ‘‘Regs BEMZ: available for inspection at the offices of FTC File No. P054803’’ to facilitate the FEDERAL RESERVE SYSTEM the Board of Governors. Interested organization of comments. A comment Change in Bank Control Notices; persons may express their views in filed in paper form should include this Acquisition of Shares of Bank or Bank writing on the standards enumerated in reference both in the text and on the Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the envelope and should be mailed or proposal also involves the acquisition of delivered, with two complete copies, to The notificants listed below have a nonbanking company, the review also the following address: Federal Trade applied under the Change in Bank includes whether the acquisition of the Commission/Office of the Secretary, Control Act (12 U.S.C. 1817(j)) and nonbanking company complies with the Room H–135 (Annex J), 600 § 225.41 of the Board’s Regulation Y (12 standards in section 4 of the BHC Act Pennsylvania, NW., Washington, DC CFR 225.41) to acquire a bank or bank (12 U.S.C. 1843). Unless otherwise 20580. Because paper mail in the holding company. The factors that are noted, nonbanking activities will be Washington area and at the Commission considered in acting on the notices are conducted throughout the United States. is subject to delay, please consider set forth in paragraph 7 of the Act (12 Additional information on all bank submitting your comments in electronic U.S.C. 1817(j)(7)). holding companies may be obtained form, (in ASCII format, WordPerfect, or The notices are available for from the National Information Center Microsoft Word) as part of or as an immediate inspection at the Federal Web site at http://www.ffiec.gov/nic/. attachment to e-mail messages directed

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to the following e-mail box: (4) Regulations promulgated under systems and procedures as necessary, [email protected]. However, The Truth-In-Lending Act, 15 U.S.C. and monitoring the ongoing operation of if the comment contains any material for 1601 et seq. (‘‘TILA’’) (‘‘Regulation Z’’) systems and procedures to ensure which confidential treatment is (Control Number: 3084–0088). continued compliance. ‘‘Transaction- requested, it must be filed in paper On September 28, 2005, the FTC related’’ burden refers to the effort form, and the first page of the document sought comment on the information associated with providing the various must be clearly labeled ‘‘Confidential.’’ 1 collection requirements associated with required disclosures in individual All comments should additionally be the regulations discussed below. See 70 transactions. While this burden varies submitted to: Office of Management and FR 56696. The Commission received with the number of transactions, the Budget, Attention: Desk Officer for the one comment from the National figures shown for transaction-related Federal Trade Commission. Comments Automobile Dealers Association burden in the tables that follow are should be submitted via facsimile to (‘‘NADA’’) pertaining to certain aspects estimated averages. (202) 395–6974 because U.S. Postal Mail of regulatory burden affecting The actual range of compliance is subject to lengthy delays due to Regulations B, M, and Z.2 The issues burden experienced by covered entities, heightened security precautions. raised in the NADA comment are and reflected in those averages, varies The FTC Act and other laws the discussed under the applicable widely. Depending on the extent to Commission administers permit the regulation subheadings. As required by which covered entities have developed collection of public comments to the PRA, the FTC is providing this computer-based systems and procedures consider and use in this proceeding as second opportunity for public comment for providing the required disclosures appropriate. All timely and responsive before requesting that OMB extend the (and/or the extent which such entities public comments will be considered by existing paperwork clearance for the utilize electronic transactions, the Commission and will be available to regulations discussed herein. 44 U.S.C. communications, and/or electronic the public on the FTC Web site, to the 3506(c)(2)(A). recordkeeping), and the efficacy of those extent practicable, at http://www.ftc.gov. Each of these four rules impose systems and procedures, some entities As a matter of discretion, the FTC makes certain recordkeeping and disclosure may have little burden, while others every effort to remove home contact requirements associated with providing may incur a higher burden.4 information for individuals from the credit or with other financial Calculating the burden associated public comments it receives before transactions. As detailed below, FTC with the four regulations’ disclosure placing those comments on the FTC staff has calculated the PRA burden for requirements is very difficult because of Web site. More information, including each rule based on the compliance costs the highly diverse group of affected routine uses permitted by the Privacy of entities subject to enforcement by the entities. The ‘‘respondents’’ included in Act, may be found in the FTC’s privacy FTC. All of these rules require covered the following burden calculations policy at http://www.ftc.gov/ftc/ entities to keep certain records. As consist of credit and lease advertisers, privacy.htm. discussed below, in most instances, staff creditors, financial institutions, service believes that these entities would providers, certain government agencies FOR FURTHER INFORMATION CONTACT: and others involved in delivering Requests for additional information or generally retain these records in the normal course of business even absent electronic fund transfers (EFTs) of copies of the proposed information government benefits, and lessors.5 The requirements should be addressed to the recordkeeping requirement in the 3 burden estimates represent staff’s best Carole Reynolds, Attorney, Division of rules. There is also some burden associated with ensuring that covered assessment, based on its knowledge and Financial Practices, Bureau of Consumer expertise relating to the financial Protection, Federal Trade Commission, entities do not prematurely dispose of relevant records during the period of services industry. To derive these 600 Pennsylvania Ave., NW., estimates, staff considered the wide Washington, DC 20580, (202) 326–3230. time required by the applicable rule. Disclosure requirements involve both variations in covered entities’: (1) Size SUPPLEMENTARY INFORMATION: The four set-up and monitoring costs as well as and location; (2) credit or lease products regulations covered by this notice are: certain transaction-specific costs. ‘‘Set- offered, extended, or advertised, and (1) Regulations promulgated under up’’ burden, incurred by new entrants their particular terms; (3) types of EFTs The Equal Credit Opportunity Act, 15 only, includes identifying the applicable used; (4) types and occurrences of U.S.C. 1691 et seq. (‘‘ECOA’’) disclosure requirements, determining adverse actions; (5) types of appraisal (‘‘Regulation B’’) (Control Number: compliance obligations, and designing reports utilized; and (6) computer 3084–0087); and developing compliance systems and systems and electronic features of (2) Regulations promulgated under compliance operations. The Electronic Fund Transfer Act, 15 procedures. ‘‘Monitoring’’ burden, incurred by all covered entities, The required disclosures do not U.S.C. 1693 et seq. (‘‘EFTA’’) impose PRA burden on some covered (‘‘Regulation E’’) (Control Number: includes reviewing and obtaining guidance on revisions to regulatory 3084–0085); 4 For example, large retailers may use computer- (3) Regulations promulgated under requirements, revising compliance based and/or electronic means to provide required The Consumer Leasing Act, 15 U.S.C. disclosures, including issuing some disclosures en 1667 et seq. (‘‘CLA’’) (‘‘Regulation M’’) 2 NADA represents approximately 20,000 masse, e.g., notices of changes in terms. Smaller franchised automobile and truck dealers (‘‘auto retailers or other creditors may have less automated (Control Number: 3084–0086); dealers’’) who sell new and used vehicles and compliance systems but may nonetheless rely on engage in service, repair and parts sales. NADA’s electronic mechanisms for disclosures and 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment is available at http://www.ftc.gov/os/ recordkeeping. Regardless of size, some entities comment must be accompanied by an explicit comments/pra-regsbemz/index.htm. may utilize compliance systems that are fully request for confidential treatment, including the 3 Because most records would be retained in the integrated into their general business operational factual and legal basis for the request, and must ordinary course of business, entities can use system; as such, they may have minimal additional identify the specific portions of the comment to be existing retention or storage facilities for any burden. Other entities, including auto dealers, may withheld from the public record. The request will particular records that might be maintained for have incorporated fewer of these approaches into be granted or denied by the Commission’s General regulatory purposes. Additionally, as discussed their systems and may have a higher burden. Counsel, consistent with applicable law and the below, paper retention is not required under the 5 The Commission generally does not have public interest. See Commission Rule 4.9(c), 16 CFR regulations; financial entities may use electronic or jurisdiction over banks under the applicable 4.9(c). other non-paper retention formats. regulations.

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entities because the entities make those of ‘‘dead deals’’ (i.e., customer inquiries Disclosure: Regulation B requires that disclosures in the ordinary course of that do not result in a vehicle sale, for creditors (i.e., entities that regularly business. In addition, as noted above, example, where the customer submits a participate in a credit decision, some entities use computer-based and/ credit application at one dealership but including setting the terms of the credit) or electronic means of providing the purchases elsewhere) because these provide notices whenever they take required disclosures, while others rely records would not be retained in the adverse action. NADA asserts that on methods requiring more manual ordinary course of business. However, it burden estimates are understated, in effort. is unclear that the auto dealers, or any view of recent developments, including The cost estimates shown below relate particular auto transaction, would be case law, which necessitates additional to labor costs and include the time covered by the aforementioned specialized compliance training. necessary to train employees to be in definition of ‘‘creditor’’ under Although staff believes its estimates compliance with the regulations.6 The Regulation B; a factual assessment encompassed these matters—and such applicable PRA requirements generally would be necessary regarding the regulatory compliance training tends to impose minimal capital or other non- dealers’ activities. Nonetheless, involve multiple topics under Federal labor costs, as affected entities usually although auto dealers may or may not be and state law—staff has increased its have the necessary equipment and covered, depending on the facts in any adverse action disclosure estimates to storage for other business purposes. given situation, as discussed below, staff account for these issues. has increased its burden estimates to Similarly, staff estimates that Regulation B also requires entities compliance with these rules generally account for the possibility of additional that extend various types of mortgage entails minimal printing and copying recordkeeping costs for these items. credit to provide a copy of the appraisal costs beyond that associated with FTC staff estimates that Regulation B’s report to applicants or to notify them of documenting financial transactions in general recordkeeping requirements their right to a copy of the report (and the ordinary course of business.7 affect 1,000,000 credit firms subject to thereafter provide a copy of the report, the Commission’s jurisdiction, at an 1. Regulation B upon the applicant’s request). It also average annual burden of 1.25 hours per requires that for accounts which The ECOA prohibits discrimination in firm, for a total of 1,250,000 hours.9 the extension of credit. Regulation B, 12 Staff also estimates that the requirement spouses may use or for which they are CFR 202, promulgated by the Board of that mortgage creditors monitor contractually liable, creditors who Governors of the Federal Reserve information about race/national origin, report credit history must do so in a System (‘‘FRB’’), establishes both sex, age, and marital status imposes a manner reflecting both spouses’ recordkeeping and disclosure maximum burden of one minute each participation. Further, it requires requirements to assist consumers in for approximately eleven million credit creditors that collect applicant understanding their rights under the applications (based on industry data characteristics for purposes of ECOA and to assist in detecting regarding the approximate number of conducting a self-test to disclose to unlawful discrimination. The FTC mortgage purchase and refinance those applicants that providing the enforces the ECOA as to all creditors originations), for a total of 183,333 information is optional, that the creditor except those that are subject to the hours.10 Staff also estimates that will not take the information into regulatory authority of another federal recordkeeping of self-testing subject to account in any aspect of the credit agency (such as federally chartered or the regulation would affect 2,500 firms, transactions, and, if applicable, that the insured depository institutions).8 with an average annual burden of one information will be noted by visual Estimated annual hours burden: hour per firm, for a total of 2,500 hours, observation or surname if the applicant 11 3,689,000 hours, rounded to the nearest and that recordkeeping of any corrective chooses not to provide it. thousand (1,436,833 recordkeeping action for self-testing would affect 250 Regulation B applies to retailers, hours + 2,251,771 disclosure hours). firms in a given year, with an average mortgage lenders, mortgage brokers, Recordkeeping: In its comment, annual burden of four hours per firm, finance companies, Internet businesses, NADA states that burden estimates in for a total of 1,000 hours. The total and others. Below is staff’s best estimate the September 2005 Federal Register estimated recordkeeping burden is of burden applicable to this highly Notice do not account for recordkeeping 1,436,833 hours. broad spectrum of covered entities.

Setup/Monitoring 1 Transaction-related 2 Disclosure Average Bur- Total Setup/ Average Total Total Respondents den per Monitoring Number of Burden per Transaction Burden Respondent Burden Transactions Transaction Burden

Credit history reporting ...... 250,000 .25 62,500 125,000,000 .25 520,833 583,333 Adverse action notices 3 ...... 1,000,000 .75 750,000 200,000,000 .25 833,333 1,583,333

6 Employee training for these regulations often contractual terms as well as various state and ordinary course of business, regularly participates addresses far more than the notices and federal disclosures; in many instances, the terms in a credit decision, including setting the terms of recordkeeping required for the regulations. meet federal and state contract and other state law the credit.’’ See 12 CFR 202.2(l). Regulatory compliance is one subset of employee purposes. Thus, printing and copying costs are 9 As aforementioned, in light of NADA’s business training and the regulatory compliance attributable to multiple purposes, including comment, staff has increased its previous estimate. encompasses a wide variety of issues extending establishing the contractual obligation of the 10 beyond those for Regulations B, E, M, and Z (e.g., parties, and generally occur in the ordinary course Regulation B contains model forms that privacy and security, tax, and contract and other of business, rather than being solely attributable to creditors may use to gather and retain the required state law issues). federal disclosure mandates. Moreover, streamlined information. 7 For many industries (including auto dealers), model forms are also provided for notices under the 11 The disclosure may be provided orally or in contractual obligations and financial disclosures are regulations, which minimizes compliance costs, writing. Regulation B provides a model form to often merged into a single document, such as the including any for printing and copying. assist creditors in providing the disclosure. The ‘‘retail installment contract’’ (for credit) or ‘‘lease 8 Under Regulation B, for the requirements at FRB added this disclosure requirement in 2003. See agreement’’ (for leases). This document provides issue, ‘‘creditor’’ means a person who ‘‘in the 52 FR 13144, 13163–64 (Mar. 18, 2003).

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Setup/Monitoring 1 Transaction-related 2 Disclosure Average Bur- Total Setup/ Average Total Total Respondents den per Monitoring Number of Burden per Transaction Burden Respondent Burden Transactions Transaction Burden

Appraisal notices ...... 25,000 .5 12,500 7,000,000 .25 29,167 41,667 Appraisal reports ...... 25,000 .5 12,500 7,000,000 .25 29,167 41,667 Self-test disclosures ...... 2,500 .5 1,250 125,000 .25 521 1,771

Total ...... 2,251,771 1 With respect to appraisal notices and appraisal reports, the above figures reflect an increase in applicable mortgage entities. The figures as- sume that approximately half of those entities (.5 × 50,000, or 25,000 businesses) would not otherwise provide this information and thus would be affected. The figures also assume that all applicable entities would provide notices first and thereafter provide the reports upon request. 2 The above figures reflect an increase in mortgage transactions. They assume that half of applicable mortgage transactions (.5 × 14,000,000 or 7,000,000) would not otherwise provide the appraisal notices and reports and thus would be affected. 3 These figures include the fact that for incomplete applications, creditors may initially provide the adverse action notice or a notice of incompleteness.

Estimated annual cost burden: Recordkeeping: Staff estimates that of skilled technical time. As shown $74,754,000, rounded to the nearest the general recordkeeping responsibility below, the total recordkeeping cost is thousand ($22,298,493 recordkeeping of 1.25 hours per creditor would involve $22,298,493. cost + $52,455,799 disclosure cost). approximately 90 percent clerical time Disclosure: For each notice or Staff calculated labor costs by and 10 percent skilled technical time. information item listed, staff estimates applying appropriate hourly cost figures Keeping records of race/national origin, that the burden hours consist of 10 to the burden hours described above. sex, age, and marital status requires an percent managerial or professional time The hourly rates used below ($32 for estimated one minute of skilled managerial or professional time,12 $21 technical time. Keeping records of the and 90 percent skilled technical time. for skilled time, and $14 for clerical self-test responsibility and of any As shown below, the total disclosure time) are averages, based on current corrective actions requires an estimated cost is $52,455,799. Bureau of Labor Statistics cost figures. one hour and four hours, respectively,

Managerial Skilled technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($32/hr.)1 (hours) ($21/hr.) (hours) ($14/hr.)

General recordkeeping ...... 0 $0 125,000 $2,625,000 1,125,000 $15,750,000 $18,375,000 Other recordkeeping ...... 0 0 183,333 3,849,993 0 0 3,849,993 Recordkeeping of test ...... 0 0 2,500 52,500 0 0 52,500 Recordkeeping of corrective action ...... 0 0 1,000 21,000 0 0 21,000

Total Recordkeeping ...... 22,298,493

Credit history reporting ...... 58,333 1,866,656 525,000 11,025,000 0 0 12,891,656 Adverse action notices ...... 158,333 7,758,317 1,425,000 29,925,000 0 0 37,683,317 Appraisal notices ...... 4,167 133,344 37,500 787,500 0 0 920,844 Appraisal reports ...... 4,167 133,344 37,500 787,500 0 0 920,844 Self-test disclosure ...... 177 5,664 1,594 133,474 0 0 39,138

Total Disclosure ...... 52,455,799

Total Recordkeeping and Disclosure ...... 74,754,292 1 The above figures reflect that for adverse action, hourly rates of $49 for attorney/professional time were used due to specialized training.

2. Regulation E (such as federally chartered or insured burden of one hour per firm, for a total The EFTA requires accurate depository institutions). of 500,000 hours. disclosure of the costs, terms, and rights Estimated annual hours burden: Disclosure: Regulation E applies to relating to EFT services to consumers. 3,580,000 hours (500,000 recordkeeping financial institutions (including certain Regulation E, 12 CFR part 205, hours + approximately 3,080,000 retailers and electronic commerce promulgated by the FRB, establishes disclosure hours). entities), service providers, various both recordkeeping and disclosure Recordkeeping: Staff estimates that Federal and state agencies offering requirements applicable to entities Regulation E’s recordkeeping EFTs, and others. Below is staff’s best providing EFT services to consumers. estimate of burden applicable to this The FTC enforces the EFTA as to all requirements affect 500,000 firms offering EFT services to consumers and highly broad spectrum of covered entities providing EFT services except entities. those that are subject to the regulatory subject to the Commission’s authority of another Federal agency jurisdiction, at an average annual

12 In view of NADA’s comment, staff has utilized professional time’’ for specialized training in adverse action requirements, as part of the cost of higher hourly rates of $49 for ‘‘attorney or compliance.

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Setup/monitoring Transaction-related Disclosure Total setup/ Average Total Total Respondents Average burden monitoring Number of burden per transaction burden per respondent burden transactions transaction burden

Initial terms ...... 100,000 .5 50,000 1,000,000 .02 333 50,333 Change in terms ...... 25,000 .5 12,500 33,000,000 .02 11,000 23,500 Periodic statements ...... 100,000 .5 50,000 1,200,000,000 .02 400,000 450,000 Error resolution ...... 100,000 .5 50,000 1,000,000 5 83,333 133,333 Transaction receipts ...... 100,000 .5 50,000 5,000,000,000 .02 1,666,667 1,716,667 Preauthorized transfers ...... 500,000 .5 250,000 1,000,000 .25 4,167 254,167 Service provider notices ...... 100,000 .25 25,000 1,000,000 .25 4,167 29,167 Govt. benefit notices ...... 10,000 .5 5,000 100,000,000 .25 416,667 421,667 ATM notices ...... 500 .25 125 250,000 .25 1,041 1,166

Total ...... 3,080,000

Estimated annual cost burden: technical time, and $14 for clerical time) the total recordkeeping cost is $75,418,000, rounded to the nearest are averages, based on current Bureau of $7,350,000. thousand ($7,350,000 recordkeeping Labor Statistics cost figures. Disclosure: For each notice or cost + $68,068,000 disclosure cost). Recordkeeping: For the 500,000 information item listed, staff estimates Staff calculated labor costs by recordkeeping hours, staff estimates that that 10 percent of the burden hours applying appropriate hourly cost figures require managerial time and 90 percent 10 percent of the burden hours require to the burden hours described above. require skilled technical time. As shown skilled technical time and 90 percent The hourly rates used below ($32 for below, the total disclosure cost is managerial time, $21 for skilled require clerical time. As shown below, $68,068,000.

Managerial Skilled technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($32/hr.) (hours) ($21/hr.) (hours) ($14/hr.)

Recordkeeping ...... 0 $0 50,000 $1,050,000 450,000 $6,300,000 $7,350,000 Disclosure: Initial terms ...... 5,033 161,056 45,300 951,300 0 0 1,112,356 Change in terms ...... 2,350 75,200 21,150 444,150 0 0 519,350 Periodic statements ...... 45,000 1,440,000 405,000 8,505,000 0 0 9,945,000 Error resolution ...... 13,333 426,650 120,000 2,520,000 0 0 2,946,656 Transaction receipts...... 171,667 5,493,344 1,545,000 32,445,000 0 0 37,938,344 Preauthorized transfers ...... 25,417 813,344 228,750 4,803,750 0 0 5,617,094 Service provider notices ...... 2,917 93,344 26,250 551,250 0 0 644,594 Govt. benefit notices ...... 42,167 1,349,344 379,500 7,969,500 0 0 9,318,844 ATM Notices ...... 116 3,712 1,050 22,050 0 0 25,762

Total Disclosure ...... 68,068,000

Total Recordkeeping and Disclosures ...... 75,418,000

3. Regulation M Recordkeeping: Staff estimates that additional specialized compliance Regulation M’s recordkeeping training. Although staff believes its The CLA requires accurate disclosure requirements affect approximately estimates encompassed these matters— of the costs and terms of leases to 150,000 firms leasing products to and, as noted above, such regulatory consumers. Regulation M, 12 CFR part consumers and subject to the compliance training tends to involve 213, promulgated by the FRB, Commission’s jurisdiction, at an average multiple topics under Federal and state establishes disclosure requirements that annual burden of one hour per firm, for law—staff has increased its burden assist consumers in comparison a total of 150,000 hours. estimates pertaining to auto leases to shopping and in understanding the Disclosure: Regulation M applies to account for these issues. Additionally, terms of leases and recordkeeping automobile lessors (such as auto dealers, NADA asserts that estimates are requirements that assist enforcement of independent leasing companies, and understated due to printing and copying the CLA. The FTC enforces the CLA as manufacturers’ captive finance costs associated with providing to all lessors and advertisers except companies), computer lessors (such as Regulation M disclosures on lease those that are subject to the regulatory computer dealers and other retailers), agreements and retention of paper authority of another federal agency furniture lessors, various electronic records. However, these contracts, and (such as federally chartered or insured commerce lessors, and diverse types of the specific lease terms, serve a dual depository institutions). lease advertisers, and others. purpose of providing contractual Estimated annual hours burden: As aforementioned, NADA asserts provisions as well as regulatory 292,000 hours, rounded to the nearest that burden estimates are understated, information; the material is generally thousand (150,000 recordkeeping hours in view of recent developments, part of the agreement under state law. + 141,667 disclosure hours). including case law, which necessitates Moreover, Regulation M does not

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mandate paper record retention: it other formats, any such costs should appropriate. Accordingly, below is permits companies to use electronic and decrease or be eliminated. Staff believes, staff’s best estimate of burden applicable other nonpaper forms of record therefore, that additional increases to this highly broad spectrum of covered retention. As more dealers shift to such based on this consideration are not entities.

Setup/monitoring Transaction-related Disclosure Average Total setup/ Average Total trans- Total bur- Respond- burden per monitoring Number of burden per action bur- den ents respondent burden transactions transaction den

Auto Leases 1 ...... 50,000 1 50,000 2,500,000 .50 20,833 70,833 Other Leases 2 ...... 100,000 .50 50,000 1,000,000 .25 4,167 54,167 Advertising ...... 25,000 .50 12,500 1,000,000 .25 4,167 16,667

Total ...... 141,667 1 This category focuses on consumer vehicle leases. Vehicle leases are subject to more lease disclosure requirements (pertaining to computa- tion of payment obligations) than other lease transactions. (Only consumer leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 213.2(e)(1). 2 This category focuses on all types of consumer leases other than vehicle leases. It includes leases for computers, other electronics, small ap- pliances, furniture, and other transactions. (Only consumers leases for more than four months are covered.) See 15 U.S.C. 1667(1); 12 CFR 213.2(e)(1).

Estimated annual cost burden: for skilled technical time, and $14 for the total recordkeeping cost is $5,456,000, rounded to the nearest clerical time) are averages, based on $2,205,000. thousand ($2,205,000 recordkeeping current Bureau of Labor Statistics cost Disclosure: For each notice or cost + $3,251,255 disclosure cost). figures. information item listed, staff estimates Staff calculated labor costs by Recordkeeping: For the 150,000 that 10 percent of the burden hours applying appropriate hourly cost figures recordkeeping hours, staff estimates that require managerial or professional time to the burden hours described above. 10 percent of the burden hours require and 90 percent require skilled technical The hourly rates used below ($32 for skilled technical time and 90 percent time. As shown below, the total managerial or professional time,13 $21 require clerical time. As shown below, disclosure cost is $3,251,255.

Managerial Skilled technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($32/hr.) 1 (hours) ($21/hr.) (hours) ($14/hr.)

Recordkeeping ...... 0 $0 15,000 $315,000 135,000 $1,890,000 $2,205,000 Disclosures: Auto Leases ...... 7,083 347,067 63,750 1,338,750 0 0 1,685,817 Other Leases ...... 5,417 173,344 48,750 1,023,750 0 0 1,197,094 Advertising ...... 1,667 53,344 15,000 315,000 0 0 368,344

Total Disclosures ...... 3,251,255

Total Recordkeeping and Disclo- sures ...... 5,456,255 1 The above figures reflect that for auto leases, hourly rates of $49 for attorney/professional time were used due to specialized training.

4. Regulation Z Estimated annual hours burden: stores, appliance stores, discount 17,639,000 hours, rounded to the retailers, medical-dental service The TILA was enacted to foster nearest thousand (1,000,000 providers, home improvement sellers, comparison credit shopping and recordkeeping hours + 16,639,165 and electronic commerce retail informed credit decision making by disclosure hours). operators); mortgage companies; finance requiring accurate disclosure of the companies; credit advertisers; auto costs and terms of credit to consumers. Recordkeeping: FTC staff estimates dealerships; student loan companies; Regulation Z, 12 CFR part 226, that Regulation Z’s recordkeeping home fuel or power services (for promulgated by the FRB, establishes requirements affect approximately furnaces, stoves, microwaves, and other both recordkeeping and disclosure 1,000,000 firms offering credit and requirements to assist consumers and subject to the Commission’s heating, cooling or residential power the enforcement of the TILA. The FTC jurisdiction, at an average annual equipment); credit advertisers; and enforces the TILA as to all creditors and burden of one hour per firm, for a total others. advertisers except those that are subject of 1,000,000 hours. NADA asserts that the burden to the regulatory authority of another Disclosure: Regulation Z disclosure estimates for closed end credit Federal agency (such as federally requirements pertain to open-end and disclosures are understated in view of chartered or insured depository closed-end credit. The Regulation recent developments including case institutions). applies to retailers (such as department law, which necessitates additional

13 In view of NADA’s comment, staff has utilized professional time’’ to reflect the need for specialized training in lease requirements, as part higher hourly rates of $49 for ‘‘attorney or of the cost of compliance.

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specialized compliance training. As asserts that estimates are understated part of the agreement under state law. noted, although staff believes its due to printing and copying costs Staff believes, therefore, that additional estimates encompassed these matters— associated with providing Regulation Z increases based on this consideration and such regulatory compliance training disclosures on retail installment are, therefore, not appropriate. tends to involve multiple topics under contracts. However, these contracts, and Accordingly, below is staff’s best federal and state law—staff has the specific credit terms, serve a dual estimate of burden applicable to this increased its estimates pertaining to purpose of providing contractual highly broad spectrum of covered closed-end credit disclosures to account provisions as well as regulatory entities. for these issues. Additionally, NADA information; the material is generally

Setup/Monitoring Transaction-related Total bur- Disclosure 1 Average Total setup/ Average Total Respond- burden per monitoring Number of burden per transaction den ents respondent burden transactions transaction burden

Open-end credit: Initial terms...... 100,000 .5 50,000 50,000,000 .25 208,333 258,333 Rescission notices ...... 10,000 .5 5,000 500,000 .25 2,083 7,083 Change in terms ...... 25,000 .5 12,500 136,000,000 .125 283,333 295,833 Periodic statements ...... 100,000 .5 50,000 4,800,000,000 .0625 5,000,000 5,050,000 Error resolution ...... 100,000 .5 50,000 10,000,000 .5 833,333 883,333 Credit and charge card accounts ... 100,000 .5 50,000 50,000,000 .25 208,333 258,333 Home equity lines of credit ...... 10,000 .5 5,000 5,000,000 .25 20,833 25,833 Advertising ...... 250,000 .25 62,500 700,000 .5 5,833 68,333 Closed-end credit: Credit disclosures ...... 800,000 .75 600,000 330,000,000 1.5 8,250,000 8,850,000 Rescission notices ...... 100,000 .50 50,000 34,000,000 1 566,667 616,667 Variable rate mortgages ...... 75,000 .50 37,500 3,000,000 1.5 75,000 112,500 High rate/high-fee mortgages ...... 50,000 .50 25,000 750,000 1.5 18,750 43,750 Reverse mortgages...... 50,000 .50 25,000 150,000 1 2,500 27,500 Advertising ...... 500,000 .25 125,000 1,000,000 1 16,667 141,667

Total open-end credit ...... 6,847,081

Total closed-end credit ...... 9,792,084

Total credit ...... 16,639,165 1 Open-end transactions with rescission notices (where the notices may not be otherwise provided) have increased. Closed-end variable rate mortgages have increased. Computer technology use has expanded in some closed-end areas with lengthy disclosures that previously involved more manual efforts, i.e., credit, variable rate, and high rate/high fee disclosures.

Estimated annual cost burden: for skilled technical time, and $14 for the total recordkeeping cost is $397,471,000, rounded to the nearest clerical time) are averages, based on $14,700,000. thousand ($14,700,000 recordkeeping current Bureau of Labor Statistics cost Disclosure: For each notice or cost + $382,770,530 disclosure cost). figures. information item listed, staff estimates Staff calculated labor costs by Recordkeeping: For the 1,000,000 that 10 percent of the burden hours applying appropriate hourly cost figures recordkeeping hours, staff estimates that require managerial or professional time to the burden hours described above. 10 percent of the burden hours require and 90 percent require skilled technical The hourly rates used below ($32 for skilled technical time and 90 percent time. As shown below, the total managerial or professional time,14 $21 require clerical time. As shown below, disclosure cost is $382,770,530.

Managerial Skilled technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($32/hr.) 1 (hours) ($21/hr.) (hours) ($14/hr.)

Recordkeeping ...... 0 $0 100,000 $2,1000,000 900,000 $12,600,000 $14,700,000 Open-end credit Disclosures: Initial terms ...... 25,833 826,656 232,500 4,882,500 0 0 5,709,156 Rescission notices ...... 708 22,656 6,375 133,875 0 0 156,531 Change in terms ...... 29,583 946,656 266,250 5,591,250 0 0 6,537,906 Periodic statements ...... 505,000 16,160,000 4,545,000 95,445,000 0 0 111,605,000 Error resolution ...... 88,333 2,826,656 795,000 16,695,000 0 0 19,521,656 Credit and charge card accounts ...... 25,833 826,656 232,500 4,882,500 0 0 5,709,156 Home equity lines of credit ...... 2,583 82,656 23,250 488,250 0 0 570,906 Advertising ...... 6,833 218,656 61,500 1,291,500 0 0 1,510,156

Total open-end credit ...... 151,320,467

14 In view of NADA’s comment, staff has utilized professional time’’ to reflect the need for specialized training in closed-end credit higher hourly rates of $49 for ‘‘attorney or requirements, as part of the cost of compliance.

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Managerial Skilled technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($32/hr.) 1 (hours) ($21/hr.) (hours) ($14/hr.)

Closed-end credit Disclosures: Credit disclosures ...... 885,000 43,365,000 7,965,000 167,265,000 0 0 210,630,000 Rescission notices ...... 61,667 1,973,344 555,000 11,655,000 0 0 13,628,344 Variable rate mortgages ...... 11,250 360,000 101,250 2,126,250 0 0 2,486,250 High-rate/high-fee mortgages ...... 4,375 140,000 39,375 826,875 0 0 966,875 Reverse mortgages...... 2,750 88,000 24,750 519,750 0 0 607,750 Advertising ...... 14,167 453,344 127,500 2,677,500 0 0 3,130,844

Total closed-end credit ...... 231,450,063

Total Disclosures ...... 382,770,530

Total Recordkeeping and Disclo- sures ...... 397,470,530 1 The above figures reflect that for credit disclosures, hourly rates of $49 for attorney/professional time were used due to specialized training.

John D. Graubert, if the comment contains any material for or sponsor. ‘‘Collection of information’’ Acting General Counsel. which confidential treatment is means agency requests or requirements [FR Doc. E6–626 Filed 1–19–06; 8:45 am] requested, it must be filed in paper that members of the public submit BILLING CODE 6750–01–P form, and the first page of the document reports, keep records, or provide must be clearly labeled ‘‘Confidential.’’ 1 information to a third party. 44 U.S.C. The FTC Act and other laws the 3502(3); 5 CFR 1320.3(c). As required by FEDERAL TRADE COMMISSION Commission administers permit the section 3506(c)(2)(A) of the PRA, the collection of public comments to FTC is providing this opportunity for Agency Information Collection consider and use in this proceeding as public comment before requesting that Activities; Proposed Collection; appropriate. All timely and responsive OMB extend the existing paperwork Comment Request; Extension public comments will be considered by clearance for the regulations noted the Commission and will be available to AGENCY: Federal Trade Commission herein. (‘‘FTC’’ or ‘‘Commission’’). the public on the FTC Web site, to the The FTC invites comments on: (1) extent practicable, at http://www.ftc.gov. ACTION: Notice. Whether the proposed collection of As a matter of discretion, the FTC makes information is necessary for the proper SUMMARY: The FTC is seeking public every effort to remove home contact performance of the functions of the comments on its proposal to extend information for individuals from the agency, including whether the through February 28, 2009 the current public comments it receives before information will have practical utility; Paperwork Reduction Act (‘‘PRA’’) placing those comments on the FTC (2) the accuracy of the agency’s estimate clearance for information collection Web site. More information, including of the burden of the proposed collection requirements contained in its routine uses permitted by the Privacy of information, including the validity of Telemarketing Sales Rule, 16 CFR part Act, may be found in the FTC’s privacy the methodology and assumptions used; 435 (‘‘TSR’’ or ‘‘Rule’’). That clearance policy at http://www.ftc.gov/ftc/ (3) ways to enhance the quality, utility, expires on February 28, 2006. privacy.htm. and clarity of the information to be DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: collected; and (4) ways to minimize the or before March 21, 2006. Requests for additional information or burden of the collection of information ADDRESSES: Interested parties are copies of the proposed information on those who are to respond, including invited to submit written comments. requirements should be sent to through the use of appropriate Comments should refer to Catherine Harrington-McBride, automated, electronic, mechanical, or ‘‘Telemarketing Sales Rule: FTC File No. Attorney, Division of Marketing other technological collection P994414’’ to facilitate the organization Practices, Bureau of Consumer techniques or other forms of information of comments. A comment filed in paper Protection, Federal Trade Commission, technology, e.g., permitting electronic form should include this reference both 600 Pennsylvania Ave., NW., submission of responses. All comments in the text and on the envelope and Washington, DC 20580, (202) 326–2452. should be filed as prescribed in the should be mailed or delivered, with two SUPPLEMENTARY INFORMATION: Under the ADDRESSES section above, and must be complete copies, to the following Paperwork Reduction Act (‘‘PRA’’), 44 received on or before March 21, 2006. address: Federal Trade Commission, U.S.C. 3501–3520, federal agencies must The TSR implements the Room H 135 (Annex J), 600 obtain approval from OMB for each Telemarketing and Consumer Fraud and Pennsylvania Ave., NW., Washington, collection of information they conduct Abuse Prevention Act, 15 U.S.C. 6101– DC 20580. Because paper mail in the 6108 (‘‘Act’’), as amended by the Washington area and at the Commission 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The Uniting and Strengthening America by is subject to delay, please consider comment must be accompanied by an explicit Providing Appropriate Tools Required request for confidential treatment, including the submitting your comments in electronic factual and legal basis for the request, and must to Intercept and Obstruct Terrorism Act form, (in ASCII format, WordPerfect, or identify the specific portions of the comment to be (‘‘USA PATRIOT Act’’), Pub. L. 107056 Microsoft Word) as part of or as an withheld from the public record. The request will (Oct. 25, 2001). The Act seeks to prevent be granted or denied by the Commission’s General attachment to e-mail messages directed Counsel, consistent with applicable law and the deceptive or abusive telemarketing to the following e-mail box: public interest. See Commission Rule 4.9(c), 16 CFR practices in telemarketing, which, [email protected]. However, 4.9(c). pursuant to the USA PATRIOT Act,

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includes calls made to solicit charitable response to the Original User Fee systems that would comply with the contributions. It mandates certain NPRM, 67 FR 37,362 (May 29, 2002), TSR. Thus, the cumulative disclosures by telemarketers, and directs regarding the number of firms that recordkeeping burden for telefunder the Commission to consider including would likely access the National Do Not firms was 5,000 hours. No new data recordkeeping requirements in Call Registry as well as further staff suggests that these estimates have promulgating a telemarketing rule to assumptions applied to the information changed; therefore, the Commission address such practices. As required by received. Since that time, the retains these estimates. the Act, the TSR mandates certain Commission has begun operation of the The cumulative annual recordkeeping disclosures regarding telephone sales National Do Not Call Registry, and, in burden for all entities subject to the and requires telemarketers to retain calendar year 2004, 60,611 entities TSR—both telefunder and telemarketing certain records regarding advertising, accessed the registry. Of these, 552 were firms alike—is 45,000 hours. sales, and employees. The disclosures ‘‘exempt’’ entities obtaining access to Disclosure: Staff believes that a provide consumers with information data for more than one state.3 By substantial majority of telemarketers necessary to make informed purchasing definition, none of the ‘‘exempt’’ now make in the ordinary course of decisions. The records are available for entities are subject to the TSR. business the disclosures the Rule inspection by the Commission and other Additionally, 46,113 were non-exempt requires because to do so constitutes law enforcement personnel to determine entities obtaining data for only a single good business practice. To the extent compliance with the Rule. Records may state. Staff assumes that these entities this is so, the time and financial also yield information helpful to are operating solely intrastate, and thus resources needed to comply with measuring and redressing consumer are exempt from the TSR.4 Thus, staff disclosure requirements do not injury stemming from Rule violations. estimates that 14,000 entities, rounded constitute ‘‘burden.’’ 16 CFR The Supporting Statement for to the nearest thousand, 1320.3(b)(2). Moreover, many state laws Information Collection Provisions of the [60,611¥552¥46,113 = 13,946] are require the same or similar disclosures Telemarketing Sales Rule (OMB Control currently subject to the TSR. the Rule mandates. Thus, the disclosure No. 3084–0097) (‘‘2003 Supporting The staff estimates that these 14,000 hours burden attributable solely to the Statement’’), submitted to OMB telemarketing entities subject to the Rule is far less than the total number of following the 2003 amendment of the Rule each require approximately 2.3 hours associated with the disclosures TSR, includes substantial analysis in hours per year to file and store records overall. As when the Commission last support of the burden estimates required by the TSR for an annual total sought OMB clearance, staff estimates included in that document.2 Those of 32,000 burden hours (rounded to the that the disclosures the Rule requires estimates differ, in some ways nearest thousand). The Commission also would be made in at least 75 percent of telemarketing calls even absent the significantly, from previous burden estimates that 75 new entrants per year Rule. estimates for two reasons: (1) The would need to spend 100 hours each Accordingly, staff determined that the amended TSR has increased scope and developing a recordkeeping system that hours burden estimate for the Rule’s application to new entities; and (2) complies with the Rule for an annual disclosure requirements is 25 percent of industry members provided, for the first total of 7,500 burden hours. These the total hours associated with time, statistical information on the figures, based on prior estimates, are not disclosures of the type the TSR requires. telemarketing industry pursuant to the contradicted by further research Staff estimates the portion attributable request for comments in the rulemaking conducted by Commission staff. Thus, to the Rule to be 2,430,000 (rounded to proceeding. the total estimated annual the nearest thousand). The components The figures used in this notice are recordkeeping burden for new and of this total are detailed in the based on those from the 2003 existing telemarketing entities is 40,000 immediately following paragraphs that Supporting Statement, updated when hours (rounded to the nearest address hours burden. necessary and when newer figures are thousand). Staff estimates that the 14,000 available. In the 2003 Supporting Statement, the telemarketing entities subject to the Burden Statement Commission estimated that 2,500 Rule make 6.2 billion calls per year, or telefunder firms—professional 443,000 calls per year per company Estimated annual hours burden: telefunders soliciting on behalf of (rounded to the nearest thousand). The 2,475,000 hours (rounded to nearest charities—would also be subject to the TSR provides that if an industry thousand). Rule, which was amended to include member chooses to solicit inbound calls The estimated recordkeeping burden calls to solicit charitable contributions is 45,000 hours for all industry members from consumers by advertising media pursuant to the USA PATRIOT Act. other than direct mail or by using direct affected by the Rule. The estimated Staff estimated that the recordkeeping burden related to the disclosures that mail solicitations that make certain burden per entity per year would be no required disclosures (providing for an the Rule requires is 2,430,000 hours more than one hour for a cumulative (rounded to nearest thousand) for all inbound telephone call as a possible total of approximately 2,500 hours. Staff response), that member is exempted affected industry members, for a total of also estimated that 25 new telefunding 2,475,000 burden hours. from complying with the Rule’s oral entrants per year would require 100 disclosures. Based on previous Recordkeeping: Following the hours each to set up recordkeeping publication of the amended TSR in estimates, staff estimates that of the 14,000 telemarketing entities, 11,800 2003, the Commission estimated that 3 An exempt entity is one that, although not firms conduct inbound telemarketing, there were 7,400 telemarketing firms subject to the TSR, chooses to voluntarily scrub its that were potentially subject to the Rule. calling lists against the data in the National Do Not and that of these, 4,000 will choose to This estimate was based on the limited Call Registry. adopt marketing methods that exempt 4 input the Commission received in These entities would nonetheless likely be them from complying with the Rule’s subject to the Federal Communication verbal disclosure requirements. Commission’s Telephone Consumer Protection Act 2 The 2003 Supporting Statement is available at regulations, including the requirement that entities The Commission staff retains its http://www.ftc.gov/bcp/rulemaking/tsr/ engaged in intrastate telephone solicitations access estimate that, in a telemarketing call tsrrulemaking/tsrss2003.pdf. the National Do Not Call Registry. involving the sale of goods or services,

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it takes 7 seconds for telemarketers to + (570 million calls × 10% [estimated solicitations for charitable contributions disclose the required outbound call involving negative options] × 4 seconds annually would be $25,000 (2,500 information orally plus 3 additional × 25% burden) + (570 million calls × burden hours × $10/hour). The seconds to disclose the information 40% upsell conversion × 20% sales estimated labor cost relating to required in the case of an upsell. Staff conversions × 10% [estimated involving charitable solicitation disclosures is also retains its estimate that at least 60 negative options] × 4 seconds × 25% $11,670,000 (778,000 burden hours × percent of sale calls result in ‘‘hang- burden) + (3.3 billion inbound calls × $15/hour). Thus, the total labor cost for ups’’ before the telemarketer can make 40% upsell conversions × 20% sales telefunder entities is $11,745,000. × all the required disclosures and that conversions 10% [estimated involving Thus, the total cumulative labor costs ‘‘hang-up’’ calls consume only 2 negative options] × 4 seconds × 25% × for telefunder and telemarketing entities seconds. Accordingly, staff estimates burden)] + (3.3 billion inbound calls combined is $20,315,000. that the total time associated with these .3% [estimated business opportunity] × disclosure requirements is 8 seconds). The total burden for all of Estimated annual non-labor cost approximately 1.1 million hours per the sales disclosures is 552,000 hours burden: $5,613,000 (rounded to the year [((1.2 billion non-hangup calls [2.9 annually or 39 hours annually per firm. nearest thousand). billion outbound calls x 40%] × 7 The Commission staff also retains its Total capital and start-up costs: Staff seconds) + (1.7 billion hangup calls [2.9 prior estimate that 2,500 telefunder estimates that the capital and start-up billion × 60%] × 2 seconds) + (570 firms are subject to the Rule. The only costs associated with the TSR’s million calls × 40% [estimated upsell disclosure that the TSR requires in information collection requirements are conversion] × 3 seconds) + (3.3 billion solicitations for charitable contributions de minimis. The Rule’s recordkeeping inbound calls × 40% [estimated upsell is the disclosure in § 310.4(e). The total requirements mandate that companies conversion] × 3 seconds)) × 25% burden for disclosures made in maintain records but not in any burden] or 79 hours per firm [1.1 solicitations for charitable contributions particular form. While those million hours/14,000 firms]. is 778,000 hours (rounded to the nearest requirements necessitate that affected The TSR also requires further thousand) [(1.6 billion calls with no entities have a means of storage, disclosures in telemarketing sales calls early hang up × 4 seconds × 25% industry members should have that before the customer pays for goods or burden) + (2.4 billion calls with early already regardless of the Rule. Even if × × services. These disclosures include the hang-up 2 seconds 25% burden]. an entity finds it necessary to purchase total costs of the offered goods or Thus, the cumulative annual a storage device, the cost is likely to be services; all material restrictions; and all disclosure burden for all entities subject minimal, especially when annualized material terms and conditions of the to the TSR—both telefunder and over the item’s useful life. The Rule’s seller’s refund, cancellation, exchange, telemarketing firms alike—is 2,430,000 disclosure requirements require no or repurchase policies (if a hours. capital expenditures. representation about such a policy is a Estimated annual labor cost burden: part of the sales offer). Additional $20,315,000. Other non-labor costs: Affected specific disclosures are required if the The estimated labor cost for entities need some storage media such call involves a prize promotion, the sale recordkeeping for all entities, both as file folders, computer diskettes, or of credit card loss protection products telefunders and telemarketing firms, is paper in order to comply with the Rule’s or an offer with a negative option $20,315,000. Assuming a cumulative recordkeeping requirements. Although feature. burden of 7,500 hours/year to set up staff believes that most affected entities Staff estimates that the general sales compliant recordkeeping systems for would maintain the required records in disclosures require 499,000 hours telemarketing entities, and applying to the ordinary course of business, staff annually. This figure includes the that a skilled labor rate of $20/hour, estimates that the approximately 14,000 burden for written disclosures [(4,000 start-up costs would approximate outbound telemarketers subject to the firms [estimated using direct mail] × 10 $150,000 yearly for all new Rule spend an annual amount of $50 hours per year × 25% burden) = 10,000 telemarketing entities. Staff also each on office supplies as a result of the hours, as well as the figure for oral estimates that existing telemarketing Rule’s recordkeeping requirements, for a disclosures [(570 million calls × 8 industry members require 14,000 hours, total recordkeeping cost burden of seconds × 25% burden) + (570 million cumulatively, to maintain compliance $700,000. Verbal disclosure estimates, outbound calls × 40% (upsell with the TSR’s recordkeeping discussed above, applied to a retained conversion) × 20% sales conversion × provisions. Applying a clerical cost rate estimated commercial calling rate of 6 25% burden × 8 seconds) + (3.3 billion of $10/hour, cumulative recordkeeping cents per minute ($3.60 per hour), totals inbound calls × 40% upsell conversion maintenance would cost approximately $1,987,200 (552,000 disclosure hours × × 20% sales conversion + 25% burden $140,000 annually. The estimated labor $3.60 per hour) in phone-related costs. × 8 seconds) ]. cost for sales disclosures is $8,280,000 Office supplies for an estimated 14,000 Staff also estimates that the specific based on staff’s estimate of 552,000 outbound telemarketers @ $50 each = sales disclosures require 53,000 hours telemarketing disclosure burden hours $700,000. Accordingly, the non-labor annually [(570 million calls × 5% and a wage rate of $15/hour. Thus, total costs for telemarketing entities [estimated involving prize promotion] × labor cost, rounded to the nearest associated with the Rule’s information 3 seconds × 25% burden) + (570 million thousand, for sales entities is collection provisions is $2,687,200 calls × .1% [estimated involving credit $8,570,000. ($1,987,200 in phone related costs + card loss protection (‘‘CCLP’’)] × 4 Based on the estimated cumulative $700,000 for office supplies). Non-labor seconds) + (570 million calls × 40% burden of 2,500 hours/year to set up costs incurred by telefunders for upsell conversions × 20% sales compliant recordkeeping systems for telefunder organizations are estimated conversions × .1% [estimated involving telefunder entities, and applying to that to be $2,926,000 (rounded to the nearest CCLP] × 4 seconds) + (3.3 billion a skilled labor rate of $20/hour, start-up thousand) (778,000 estimated hours @ inbound calls × 40% upsell conversion costs would be approximately $50,000. $3.60 per hour + $125,000 in office × 20% sales conversion × .1% In addition, the estimated labor cost for supply-related costs (2500 telefunders @ [estimated involving CCLP] × 4 seconds) maintaining records relating to $50 each)). Thus, the total non-labor

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costs for all entities subject to the TSR safety and efficacy of vaccines. The telephone number, and the home and/ is $5,613,200.5 Committee also advises the Assistant or work address, telephone number, and Finally, staff believes that the Secretary for Health in the e-mail address of the individual being estimated 4,000 inbound telemarketing implementation of Sections 2102 and nominated; and (3) a current copy of the entities choosing to comply with the 2103 of the PHS Act; and identifies nominee’s curriculum vitae. Rule through written disclosures incur annually the most important areas of Applications cannot be submitted by no additional capital or operating government and non-government facsimile. The names of Federal expenses as a result of the Rule’s cooperation that should be considered employees should not be nominated for requirements because they are likely to in implementing Sections 2102 and consideration of appointment to this provide written information to 2103 of the PHS Act. Committee. prospective customers in the ordinary DATES: Nominations for membership on The Department makes every effort to course of business. Adding the required the Committee must be received no later ensure that the membership of HHS disclosures to that written information than 5 p.m. e.s.t. on March 3, 2006, at Federal advisory committees is fairly likely requires no supplemental non- the address below. balanced in terms of points of view labor expenditures. ADDRESSES: All nomination should be represented and the committee’s John D. Graubert, mailed or delivered to: Bruce G. Gellin, function. Every effort is made that a Acting General Counsel. M.D., M.P.H., Executive Secretary, broad representation of geographic National Vaccine Advisory Committee, areas, gender, ethnic and minority [FR Doc. E6–627 Filed 1–19–06; 8:45 am] Office of Public Health and Science, groups, and the disabled are given BILLING CODE 6750–01–P Department of Health and Human consideration for membership on HHS Services, 200 Independence Avenue, Federal advisory committees. SW., Room 443–H, Hubert H. Humphrey Appointment to this committee shall be DEPARTMENT OF HEALTH AND Building; Washington, DC 20201. made without discrimination on the HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Ms. basis of age, race, ethnicity, gender, National Vaccine Advisory Committee Emma English, Program Analyst, sexual orientation, disability, and National Vaccine Program Office, cultural, religious, or socioeconomic AGENCY: Department of Health and Department of Health and Human status. Human Services, Office of the Secretary, Services, 200 Independence Avenue, Dated: January 13, 2006. Office of Public Health and Science. SW., Room 443–H, Hubert H. Humphrey Bruce Gellin, ACTION: Notice. Building, Washington, DC 20201; (202) Director, National Vaccine Program Office. 690–5566; [email protected]. Authority: 42 U.S.C. 300aa–5, Section A copy of the Committee charter and [FR Doc. E6–595 Filed 1–19–06; 8:45 am] 2105 of the Public Health Service (PHS) list of the current membership can be BILLING CODE 4510–44–P Act, as amended. The Committee is obtained by contacting Ms. English or governed by the provisions of Public by accessing the NVAC Web site at: DEPARTMENT OF HEALTH AND Law 92–463, as amended (5 U.S.C. http://www.hhs.gov/nvpo/nvac. Appendix 2), which sets forth standards HUMAN SERVICES SUPPLEMENTARY INFORMATION: Committee for the formation and use of advisory Function: Qualifications and committees. Centers for Disease Control and Information Required: As part of an Prevention SUMMARY: The National Vaccine ongoing effort to enhance deliberations Program Office (NVPO), a program and discussions with the public on [30Day–06–05AV] office within the Office of Public Health vaccine and immunization policy, and Science, U.S. Department of Health nominations are being sought for Agency Forms Undergoing Paperwork and Human Services (HHS), is soliciting interested individuals to serve on the Reduction Act Review nominations of qualified candidates to Committee. The individual selected for be considered for appointment as voting appointment to the Committee will The Centers for Disease Control and representative members to the National serve as a voting representative member. Prevention (CDC) publishes a list of Vaccine Advisory Committee (NVAC). Voting representative members are information collection requests under The activities of this Committee are official representatives of the vaccine review by the Office of Management and governed by the Federal Advisory manufacturing industry who are Budget (OMB) in compliance with the Committee Act (FACA). engaged in vaccine research or the Paperwork Reduction Act (44 U.S.C. Consistent with the National Vaccine manufacture of vaccines. Individuals Chapter 35). To request a copy of these Plan, the Committee advises and makes selected for appointment to the requests, call the CDC Reports Clearance recommendations to the Assistant Committee can be invited to serve terms Officer at (404) 639–4766 or send an e- Secretary for Health in his/her capacity with periods of up to four years. mail to [email protected]. Send written as the Director of the National Vaccine Nominations should be typewritten. comments to CDC Desk Officer, Office of Program, on matters related to the The following information should be Management and Budget, Washington, Program’s responsibilities. Specifically, included in the package of material DC or by fax to (202) 395–6974. Written the Committee studies and recommends submitted for each individual being comments should be received within 30 ways to encourage the availability of an nominated for consideration: (1) A letter days of this notice. adequate supply of safe and effective of nomination that clearly states the Proposed Project vaccination products in the United name and affiliation of the nominee, the States; recommends research priorities basis for the nomination (i.e., specific Hemophilia Treatment Center and other measures to enhance the attributes which qualify the nominee for Laboratory Survey—New—National service in this capacity), and a statement Center on Birth Defects and 5 Staff believes that remaining non-labor costs would largely be incurred by affected entities, that the nominee is willing to serve as Developmental Disabilities (NCBDDD), regardless, in the ordinary course of business and/ a member of the Committee; (2) the Centers for Disease Control and or marginally be above such costs. nominator’s name, address and daytime Prevention (CDC).

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Background and Brief Description found that gynecologists rarely Office (PHPPO) study demonstrated Up to 2 million women in the United considered bleeding disorders as a cause reduced capacity to perform specific States may have an inherited bleeding of heavy menstrual bleeding. However, coagulation tests through their survey of disorder and not know it. Many women recent research from Europe and CDC hospital laboratories; but it is learn to live with the problems their has shown that 15–20% of women with impossible to know if HTCs have higher bleeding causes, such as heavy periods, heavy periods have inherited bleeding capacity than the hospitals studied; (3) and do not realize that they may have disorders. Women with VWD HTCs report that changes in third party a bleeding disorder. Other women may interviewed by CDC reported an average payer policies, especially health have more serious bleeding problems of 16 years between the onset of maintenance organizations, are dictating such as hemorrhages after childbirth or bleeding symptoms and diagnosis of a the source of laboratory testing requiring surgery, and some have hysterectomies bleeding disorder. CDC and the National shipment of laboratory specimens to to end their heavy periods. With proper Hemophilia Foundation have been sites away from the hospital that reduce diagnosis, women with bleeding working to encourage gynecologists to the quality of the sample and affect the disorders could avoid these consider bleeding disorders in women reliability of the results. It is important complications and surgeries. who have heavy menstrual bleeding, to assess the HTCs and determine their Management of bleeding in these also called menorrhagia. As a result, the capabilities and barriers to delivering women can decrease heavy periods and American College of Obstetricians and comprehensive care to patients with can improve quality of life. Gynecologists has recently bleeding disorders. The most common bleeding disorder recommended screening for VWD in The setting for the proposed study is is called Von Willebrand disease these women. the 135 federally funded HTCs, and the (VWD). VWD is caused by a deficiency An important part of increasing the Directors and Lab Directors of these 135 or defect in the body’s ability to make awareness among physicians and their HTCs will be the potential respondents. a protein, Von Willebrand factor, which patients with heavy periods who may A survey will be distributed to the helps blood clot. The symptoms of VWD have an underlying bleeding disorder is above personnel to ascertain their can range in severity; however, 90 referral for appropriate diagnosis. perceptions of lab capabilities and percent of people who have this disease Federally funded Hemophilia Treatment procedures. have the mild form. VWD occurs in men Centers (HTCs) are thought to be the The data received from this survey and women equally, but women are best source for appropriate laboratory will allow CDC to evaluate the more likely to notice the symptoms of diagnosis, however, the following functional status of HTC labs, describe VWD due to heavy or abnormal bleeding concerns have been raised: (1) the services available, and make during their menstrual periods and after Anecdotal reports from HTC providers programmatic decisions that will best childbirth. There are many describe reduced capacity of in-house serve the medical needs of this gynecological and physical causes for laboratory support and access to population. heavy periods, such as endometriosis, specialty coagulation laboratory tests There will be no cost to the thyroid problems and cancer; however, that are essential for appropriate respondents other than their time. The the cause is not identified in half the diagnosis of bleeding disorders; (2) A total estimated annualized burden hours cases. A CDC-Emory University survey CDC Public Health Practice Program are 90.

ESTIMATED ANNUALIZED BURDEN TABLE

Burden per Type of Number of Response per response (in respondents respondents respondent hours)

HTC Directors ...... 135 1 20/60 Lab Directors ...... 135 1 20/60

Dated: January 11, 2006. review by the Office of Management and Background and Brief Description Betsey S. Dunaway, Budget (OMB) in compliance with the Acting Reports Clearance Officer, Centers for Paperwork Reduction Act (44 U.S.C. The National Vital Statistics Report Disease Control and Prevention. Chapter 35). To request a copy of these Forms project (0920–0213) is an [FR Doc. E6–617 Filed 1–19–06; 8:45 am] requests, call the CDC Reports Clearance approved collection and compilation of national vital statistics. This collection BILLING CODE 4163–18–P Officer at (404) 639–4766 or send an e- dates back to the beginning of the 20th mail to [email protected]. Send written century and has been conducted since comments to CDC Desk Officer, Office of 1960 by the Division of Vital Statistics DEPARTMENT OF HEALTH AND Management and Budget, Washington, HUMAN SERVICES of the National Center for Health DC or by fax to (202) 395–6974. Written Statistics, CDC. The collection of the Centers for Disease Control and comments should be received within 30 data is authorized by 42 U.S.C. 242k. Prevention days of this notice. The National Vital Statistics Report Proposed Project forms provide counts of monthly [30Day–06–0213] occurrences of births, deaths, infant Agency Forms Undergoing Paperwork National Vital Statistics Report deaths, marriages, and divorces. Similar Reduction Act Review Forms—Extension—National Center for data have been published since 1937 Health Statistics (NCHS), Centers for and are the sole source of these data at The Centers for Disease Control and Disease Control and Prevention (CDC). the national level. The data are used by Prevention (CDC) publishes a list of the Department of Health and Human information collection requests under Services and by other government,

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academic, and private research and The Annual Marriage and Divorce commercial organizations in tracking commercial organizations in tracking Occurrence Report form (CDC 64.147) changes in trends of family formation changes in trends of vital events. collects final annual counts of marriages and dissolution. Respondents for the National Vital and divorces by month for the United Respondents for the Annual Marriage Statistics Report form (CDC 64.146) are States and for each State. The statistical and Divorce Occurrence Report form are registration officials in each State and counts requested on this form differ Territory, the District of Columbia, and registration officials in each State, the from provisional estimates obtained on District of Columbia, New York City, New York City. In addition, 33 local the National Vital Statistics Report form (county) officials in New Mexico who Guam, Puerto Rico, Virgin Islands, in that they represent complete and record marriages occurring in each Northern Marianas, and American final counts of marriages, divorces, and county of New Mexico will use this Samoa. The data are routinely available form. The data are routinely available in annulments occurring during the in each reporting office as a by-product each reporting office as a by-product of months of the prior year. These final of ongoing activities. counts are usually available from State ongoing activities. This form is designed There are no costs to the respondents or county officials about eight months to collect counts of monthly occurrences other than their time. The total after the end of the data year. The data of births, deaths, infant deaths, estimated annualized burden hours are are widely used by government, marriages, and divorces immediately 208. following the month of occurrence. academic, private research, and

ESTIMATED ANNUALIZED BURDEN TABLE

No. of respond- No. of responses Average burden Respondents per response ents per respondent (in hours)

CDC64.146: State and Territory registration officials ...... 58 12 12/60 CDC64.146: New Mexico County marriage registrars ...... 33 12 6/60 CDC64.147: State/Territory/City registration officials ...... 58 1 30/60

Dated: January 11, 2006. clinical laboratories are regulated; the impact provided to the contact person below. Betsey S. Dunaway, on medical and laboratory practice of Written comments will be included in the Acting Reports Clearance Officer, Centers for proposed revisions to the standards; and the meeting(s Summary Report. Disease Control and Prevention. modification of the standards to Contact Person for Additional Information: accommodate technological advances. Devery Howerton, Acting Chief, Laboratory [FR Doc. E6–621 Filed 1–19–06; 8:45 am] Matters To Be Discussed: The agenda will Practice Standards Branch, Division Public BILLING CODE 4163–18–P include updates from the Food and Drug Health Partnerships—Laboratory Systems, Administration, the Centers for Medicare & National Center for Health Marketing, Medicaid Services, and CDC; reports on Coordinating Center for Health Information DEPARTMENT OF HEALTH AND national cytology proficiency testing status and Service, CDC, 4770 Buford Highway NE., HUMAN SERVICES and Coordinating Council on the Clinical Mailstop G–23, Atlanta, Georgia 30341–3717; Laboratory Workforce activities addressing telephone (770) 488–8155; fax (770) 488– Centers for Disease Control and laboratory personnel shortages; and the role 8279; or via e-mail at [email protected]. Prevention of the public health laboratory, including The Director, Management Analysis and scope of services, customers, connectivity, Services Office, has been delegated the and preparedness. Clinical Laboratory Improvement authority to sign Federal Register notices Agenda items are subject to change as Advisory Committee pertaining to announcements of meetings and priorities dictate. other committee management activities for In accordance with section 10(a)(2) of Providing Oral or Written Comments: It is the policy of CLIAC to accept written public both CDC and the Agency for Toxic the Federal Advisory Committee Act Substances and Disease Registry. (Pub. L. 92–463), the Centers for Disease comments and provide a brief period for oral Control and Prevention (CDC) public comments whenever possible. Oral Dated: January 10, 2006. Comments: In general, each individual or Alvin Hall, announces the following committee group requesting to make an oral meeting. presentation will be limited to a total time of Director, Management Analysis and Services Office, Centers for Disease Control and Name: Clinical Laboratory Improvement five minutes (unless otherwise indicated). Prevention. Advisory Committee (CLIAC). Speakers must also submit their comments in Times and Dates: 8:30 a.m.–5 p.m., writing for inclusion in the meeting’s [FR Doc. 06–518 Filed 1–19–06; 8:45 am] February 8, 2006; 8:30 a.m.–3 p.m., February Summary Report. To assure adequate time is BILLING CODE 4163–18–P 9, 2006. scheduled for public comments, individuals Place: Doubletree Hotel (Atlanta/ or groups planning to make an oral Buckhead), 3342 Peachtree Road NE., presentation should, when possible, notify DEPARTMENT OF HEALTH AND Atlanta, Georgia 30326, Telephone: (404) the contact person below at least one week HUMAN SERVICES 231–1234. prior to the meeting date. Written Comments: Status: Open to the public, limited only by For individuals or groups unable to attend Centers for Disease Control and the space available. The meeting room the meeting, CLIAC accepts written Prevention accommodates approximately 100 people. comments until the date of the meeting Purpose: This Committee is charged with (unless otherwise stated). However, the Healthcare Infection Control Practices providing scientific and technical advice and comments should be received at least one guidance to the Secretary, Department of week prior to the meeting date so that the Advisory Committee Health and Human Services; the Assistant comments may be made available to the Secretary for Health; and the Director, CDC, Committee for their consideration and public In accordance with section 10(a)(2) of regarding the need for, and the nature of, distribution. Written comments, one hard the Federal Advisory Committee Act revisions to the standards under which copy with original signature, should be (Pub. L. 92–463), the Centers for Disease

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Control and Prevention (CDC) In compliance with the requirement insurance industry as coordination of announces the following meeting. of section 3506(c)(2)(A) of the benefits, and refers to those situations Name: Healthcare Infection Control Paperwork Reduction Act of 1995, the where Medicare does not have primary Practices Advisory Committee (HICPAC). Centers for Medicare & Medicaid responsibility for paying the medical Times and Dates: 8:30 a.m.–5 p.m., Services (CMS) is publishing the expenses of a Medicare beneficiary. February 9, 2006. 8:30 a.m.–4 p.m., February following summary of proposed Medicare Fiscal Intermediaries, Carriers, 10, 2006. collections for public comment. and now Part D plans, need information Place: CDC Roybal Campus, Bldg 19, Interested persons are invited to send about primary payers in order to Auditorium B3, 1600 Clifton Road, Atlanta, comments regarding this burden perform various tasks to detect and Georgia 30333. estimate or any other aspect of this process MSP cases and make recoveries. Status: Open to the public, limited only by collection of information, including any MSP information is collected at various the space available. Purpose: The Committee is charged with of the following subjects: (1) The times and from numerous parties during providing advice and guidance to the necessity and utility of the proposed a beneficiary’s membership in the Secretary, Department of Health and Human information collection for the proper Medicare Program. Collecting MSP Services; the Assistant Secretary for Health; performance of the agency’s functions; information in a timely manner means the Director, CDC; and the Director, National (2) the accuracy of the estimated that claims are processed correctly the Center for Infectious Diseases (NCID) burden; (3) ways to enhance the quality, first time, decreasing the costs regarding (1) the practice of hospital utility, and clarity of the information to associated with adjusting claims and infection control; (2) strategies for be collected; and (4) the use of recovering mistaken payments.; surveillance, prevention, and control of automated collection techniques or Frequency: Reporting—On Occasion; infections (e.g., nosocomial infections), other forms of information technology to Affected Public: Individuals or antimicrobial resistance, and related events in settings where healthcare is provided; and minimize the information collection Households, Business or other for-profit, (3) periodic updating of guidelines and other burden. Not-for-profit institutions; Number of policy statements regarding prevention of 1. Type of Information Collection Respondents: 134,553,682; Total healthcare-associated infections and Request: Extension of a currently Annual Responses: 134,553,682; Total healthcare-related conditions. approved collection; Title of Annual Hours: 1,611,303. Matters To Be Discussed: Agenda items Information Collection: Coordination of 3. Type of Information Collection will include informatics and healthcare- Benefits between Part D Plans and Other Request: Extension of a currently associated infections, updates on public Prescription Coverage Providers; Form approved collection; Title of reporting, updates on pandemic flu, updates Number: CMS 10171 (OMB#: 0938– Information Collection: External Quality on antimicrobial resistance, and updates on 0978); Use: Section 1860D–23 and Review for Medicaid Managed Care CDC activities of interest to the committee. 1860D–24 of the Social Security Act Organizations (MCOs); Form Number: Agenda items are subject to change as priorities dictate. requires the Secretary to establish CMS–R–305 (OMB#: 0938–0786); Use: Contact Person For More Information: requirements for prescription drug plans The results of Medicare reviews, Harriette Lynch, Committee Management to ensure the effective coordination Medicare accreditation surveys, and Specialist, HICPAC, Division of Healthcare between Part D plans, State Medicaid external quality reviews will Quality Promotion, NCID, CDC, l600 Clifton pharmaceutical assistance programs and be used by States in assessing the Road, NE, M/S A–07, Atlanta, Georgia 30333, other payers. The requirements must quality of care provided to Medicaid telephone (404)639–4035. relate to the following elements: (1) beneficiaries provided by MCOs and to The Director, Management Analysis and enrollment file sharing; (2) claims provide information on the quality of Services Office, has been delegated the processing and payment; (3) claims the care provided to the general public authority to sign Federal Register notices reconciliation reports; (4) application of upon request; Frequency: Annually; pertaining to announcements of meetings and other committee management activities for the protections against high out-of- Affected Public: Business or other for- both CDC and the Agency for Toxic pocket expenditures by tracking True profit, State, Local and or Tribal Substances and Disease Registry. out-of-pocket (TrOOP) expenditures; Government; Number of Respondents: and (5) other processes that the 542; Total Annual Responses: 14,266; Dated: January 12, 2006. Secretary determines. This information Total Annual Hours: 648,877. Alvin Hall, will be used by Part D plans, other To obtain copies of the supporting Director, Management Analysis and Services health insurers or payers, pharmacies statement and any related forms for the Office, Centers for Disease Control and and CMS to coordinate prescription proposed paperwork collections Prevention. drug benefits provided to the Medicare referenced above, access CMS’ Web Site [FR Doc. E6–615 Filed 1–19–06; 8:45 am] beneficiary.; Frequency: Reporting— address at http://www.cms.hhs.gov/ BILLING CODE 4163–18–P Monthly; Affected Public: Business or regulations/pra/, or E-mail your request, other for-profit, Federal, State, Local including your address, phone number, and or Tribal Government; Number of OMB number, and CMS document DEPARTMENT OF HEALTH AND Respondents: 56,320; Total Annual identifier, to [email protected], HUMAN SERVICES Responses: 2,153,767,270; Total Annual or call the Reports Clearance Office on Centers for Medicare & Medicaid Hours: 1,017,914. (410) 786–1326. 2. Type of Information Collection To be assured consideration, Services Request: Extension of a currently comments and recommendations for the approved collection; Title of proposed information collections must [Document Identifier: CMS 10171, CMS– Information Collection: Medicare be received at the address below, no 250–254, and CMS–R–305] Secondary Payer Information Collection later than 5 p.m. on March 21, 2006. Agency Information Collection and Supporting Regulations in 42 CFR CMS, Office of Strategic Operations Activities: Proposed Collection; 411.25, 489.2, and 489.20; Form and Regulatory Affairs, Division of Comment Request Number: CMS 250–254 (OMB#: 0938– Regulations Development—C, Attention: 0214); Use: Medicare Secondary Payer Bonnie L Harkless, Room C4–26–05, Agency: Centers for Medicare & Information (MSP) is essentially the 7500 Security Boulevard, Baltimore, Medicaid Services. same concept known in the private Maryland 21244–1850.

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Dated: January 12, 2006. the Paperwork Reduction Act of 1995, guidelines and/or technologies for these Michelle Shortt, for opportunity for public comments on types of cancer screening in recent Director, Regulations Development Group, proposed data collection projects, the years. The data collected in this study Office of Strategic Operations and Regulatory National Institutes of Health (NIH), will support and further NCI work in Affairs. National Cancer Institute (NCI) will monitoring and evaluating providers’ [FR Doc. E6–628 Filed 1–19–06; 8:45 am] publish periodic summaries of proposed cancer control knowledge, attitudes, and BILLING CODE 4120–01–P projects to be submitted to the Office of practices and their impact on Management and Budget (OMB) for population health, as well as enable review and approval. monitoring of progress toward major DEPARTMENT OF HEALTH AND Proposed Collection: Title: National cancer control goals. Two HUMAN SERVICES Survey of Primary Care Physicians’ questionnaires, one covering breast and Recommendations and Practice for cervical cancer screening and the other National Institutes of Health Breast, Cervical, Colorectal, and Lung colorectal and lung cancer screening, Proposed Data Collection; Comment Cancer Screening. Type of Information will be administered by mail or Request; National Survey of Primary Collection Request: New. Need and Use telephone to a randomly-selected Care Physicians’ Recommendations of Information Collection: This study national sample of primary care and Practice for Breast, Cervical, will obtain current, national data on physicians. Frequency of Response: One Colorectal, and Lung Cancer primary care physicians’ knowledge, Time. Affected Public: Medical Screening attitudes, recommendations, and practices, clinics, or other health care practices related to screening for breast, organizations. Type of Respondents: SUMMARY: In compliance with the cervical, colorectal, and lung cancer. Primary Care Physicians. Burden provisions of Section 3506(c)(2)(A) of There have been substantial changes in estimates are as follows:

Estimated Estimated number of Average Estimated total Questionnaire number of responses per burden hours annual burden respondents respondent per response hours

Breast and cervical cancer screening ...... 1250 1 0.333 416.25 Colorectal and lung cancer screening ...... 1250 1 0.333 416.25

Total ...... 832.5

There are no Capital Costs to report. received within 60 days of the date of 61853–61854, and allowed 60 days for There are no Operating or Maintenance this publication. public comment. No public comments Costs to report. Dated: January 11, 2006. were received although one person sent Request for Comments: Written an e-mail expressing interest in the Rachelle Ragland-Greene, comments and/or suggestions from the study and asking if she could public and affected agencies are invited NCI Project Clearance Liaison, National participate. She was told this was a pilot Institutes of Health. on one or more of the following points: study to be carried out in a specific (a) Whether the proposed collection of [FR Doc. 06–512 Filed 1–19–06; 8:45 am] location in North Carolina. The purpose information is necessary for the BILLING CODE 4101–01–P of this notice is to allow an additional performance of the functions of the 30 days for public comment. The agency, including whether the National Institutes of Health may not DEPARTMENT OF HEALTH AND information shall have practical utility; conduct or sponsor, and the respondent HUMAN SERVICES (b) the accuracy of the agency’s estimate is not required to respond to, an of the burden of the proposed collection National Institutes of Health/National information collection that has been of information; (c) ways to enhance the Institute of Environmental Health extended, revised, or implemented on or quality, utility, and clarity of the Sciences after October 1, 1995, unless it displays information to be collected; and (d) a currently valid OMB control number. ways to minimize the burden of the Laboratory of Pulmonary Proposed Collection: Title: Use of In- collection of information on Pathobiology; Submission for OMB home Test Kits in Dust Mite Allergen respondents, including through the use Review; Comment Request; Use of In- Reduction. Type of Information of automated collection techniques or Home Test Kits in Dust Mite Allergen Collection Request: New. Need and Use other forms of information technology. Reduction of Information Collection: This request FOR FURTHER INFORMATION CONTACT: for OMB review and approval of the Send comments to Carrie N. Klabunde, SUMMARY: Under the provisions of information collection is required by Ph.D., Epidemiologist, Division of Section 3507(a)(1)(D) of the Paperwork regulation 42 CFR part 65(a)(6). Cancer Control and Population Reduction Act of 1995, the National Asthmatics and others with dust mite Sciences, National Cancer Institute, Institute of Environmental Health allergies often implement strategies to Executive Plaza North 4005, 6130 Sciences (NIEHS), the National avoid dust mite exposure, but have little Executive Boulevard, Bethesda, Institutes of Health (NIH) has submitted objective evidence that their Maryland 20892–7344 or call non-toll- to the Office of Management and Budget interventions are successful in reducing free (301) 402–3362 or E-mail: (OMB) a request to review and approve dust mite populations. Recently [email protected]. the information collection listed below. developed in-home test kits have Comments Due Date: Comments This proposed information collection introduced the capability to monitor the regarding this information collection are was previously published in the Federal effectiveness of allergen reduction best assured of having their full effect if Register on October 21, 2004, pages strategies by providing an affordable,

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simple way to measure dust mite be randomly assigned to a treatment or months. Type of Respondents: Parents allergens on a regular basis. The primary control group. The treatment group will of children with dust-mite allergies. The objective of this study is to determine if receive educational materials and an in- annual reporting burden is as follows: use of in-home test kits results in home test kit at set intervals, while the Estimated Number of Respondents: See decreased dust mite allergen levels in control group will receive educational table below; Estimated Number of home of children sensitive or allergic to materials alone. Vacuumed dust Responses per Respondent: See table dust mites. A secondary objective is to samples will be collected and delivered below; Average Burden Hours Per determine if use of in-home test kits to the NIEHS laboratory for ELISA-based Response: 0.25 hour for initial result in additudinal and behavioral measurements of the dust mite allergens screening, 0.5 hour for dust mite changes related to implementing and Der f2 and Der p 2. A questionnaire will eligibility screening, 1.5 hours for each maintaining dust mite reduction be used to collect information on home baseline visit, and 1 hour for each strategies. This study is a randomized characteristics and on dust mite intervention trial designed to test the reduction attitudes and behaviors. Data follow-up home visit (6- and 12-month); efficacy of an in-home test kit in will be collected at baseline, 6 months and Estimated Total Annual Burden influencing behaviors to reduce dust and 12 months. The results from this Hours Requested: 690.5. The annualized mite allergen levels. Households will be study will be used by NIEHS to plan cost to respondents is estimated at: × recruited through flyers and will be future primary and secondary asthma $13,810 (assuming $20 hourly wage screened for eligibility through a prevention trials. Frequency of 690.5 hours). There are no Capital Costs, recruitment call line and a home visit to Response: After the two stages of Operating Costs and/or Maintenance determine baseline dust mite levels in eligibility screening, data will be Costs to report. the household. Study participants will collected at baseline, 6-months, and 12-

CALCULATION FOR DATA BURDEN OF DUST MITE ALLERGEN REDUCTION STUDY

Number of Hours per Type of data collection respondents response Total hours

Eligibility Screening ...... 450 0.25 112.5 Dust Mite Level Eligibility Screening ...... 280 0.5 140.0 Baseline Visit ...... 144 1.5 216.0 6-month follow-up ...... 122 1.0 122.0 12-month follow-up ...... 100 1.0 100.0

Total hours ...... 690.5

Request for Comments: Written Officer for NIH. To request more DEPARTMENT OF HEALTH AND comments and/or suggestions from the information on the proposed project or HUMAN SERVICES public and affected agencies are invited to obtain a copy of the data collection on one or more of the following points: plans and instruments, contact: Dr. National Institutes of Health/National (1) Whether the proposed collection of Darryl Zeldin, NIEHS, Laboratory of Institute of Environmental Health information is necessary for the proper Pulmonary Pathobiology, P.O. Box Sciences performance of the function of the 12233, Research Triangle Park, NC agency, including whether the Proposed Collection; Comment 27709 or call non-toll-free number (919) Request; Environmental Factors in the information will have practical utility; 541–1169 or e-mail your request, (2) The accuracy of the agency’s Development of Polycystic Ovary including your address to Syndrome estimate of the burden of the proposed [email protected]. collection of information, including the SUMMARY: In compliance with the validity of the methodology and Comments Due Date: Comments regarding this information collection are requirement of section 3506(c)(2)(A) of assumptions used; (3) Ways to enhance the Paperwork Reduction Act of 1995, the quality, utility, and clarity of the best assured of having their full effect if received within 30 days of the date of for opportunity for public comment on information to be collected; and (4) proposed data collection projects, the this publication. Ways to minimize the burden of the National Institute of Environmental collection of information on those who Dated: January 11, 2006. Health Sciences (NIEHS), the National are to respond, including the use of Richard A. Freed, Institutes of Health (NIH) will publish appropriate automated, electronic, Associate Director for Management, NIEHS, periodic summaries of proposed mechanical, or other technological National Institutes of Health. projects to be submitted to the Office of collection techniques or other forms of [FR Doc. 06–513 Filed 1–19–06; 8:45 am] Management and Budget (OMB) for information technology. review and approval. BILLING CODE 4140–01–M Direct Comments to OMB: Written Proposed Collection: Title: comments and/or suggestions regarding Environmental Factors in the the item(s) contained in this notice, Development of Polycystic Ovary especially regarding the estimated Syndrome. Type of Information public burden and associated response Collection Request: Revision of OMB time, should be directed to the: Office No. 0925–0483 and expiration date 3/ of Management and Budget, Office of 31/2006. Need and Use of Information Regulatory Affairs, New Executive Collection: The purpose of this study is Office Building, Room 10235, to identify a cohort of living female twin Washington, DC 20503, Attention: Desk pairs in which at least one member is

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likely to have Polycystic Ovary (1) Whether the proposed collection of National Institutes of Health (NIH) will Syndrome (PCOS) for future study. information is necessary for the proper publish periodic summaries of proposed Potential participants (∼3,700) will performance of the function of the projects to be submitted to the Office of come from the Mid-Atlantic Twin agency, including whether the Management and Budget (OMB) for Registry (MATR) and were chosen based information will have practical utility; review and approval. on their answers to several questions (in (2) The accuracy of the agency’s Proposed Collection: Title: Survey of a preliminary MATR survey) concerning estimate of the burden of the proposed Non-Federal Funding Sources for irregular periods and a history of cystic collection of information, including the Cancer Complementary and Alternative ovaries. The instrument to be used here validity of the methodology and Medicine (CAM) Research. Type of will be administered by telephone by assumptions used; (3) Ways to enhance Information Collection Request: NEW. professional interviewers at the MATR. the quality, utility, and clarity of the Need and Use of Information Collection: It contains 17 simple and direct information to be collected; and (4) The goal of this study is to collect questions and will take about 10 Ways to minimize the burden of the minutes to complete. Its contents deal information that will allow the NCI collection of information on those who Office of Cancer Complementary and with the frequency of menstrual are to respond, including the use of Alternative Medicine (OCCAM) to periods, a history of polycystic ovaries, appropriate automated, electronic, develop a directory of organizations obesity, excess facial hair and other mechanical, or other technological external to the Federal Government that evidence of hyperandrogenism. Since collection techniques or other forms of offer funding for cancer CAM research. this is such a short telephone survey, information technology. This study will assist OCCAM in its participants will receive no prior FOR FURTHER INFORMATION CONTACT: To notification. Informed consent will be mission to increase the quality of cancer request more information on the CAM research supported by the NCI. asked for verbally over the phone at the proposed project or to obtain a copy of time of the interview. All participants One of the hurdles that many cancer the data collection plans and CAM researchers encounter is the will be asked about their willingness to instruments, contact Dr. Patricia C. participate in future studies if their difficulty of obtaining research Chulada, Health Scientist funding—and in particular, the answers meet certain criteria. The major Administrator, Program in Clinical objectives of future studies using this difficulty of obtaining Federal funding Research, NIEHS, P.O. Box 12233, for foundational or exploratory research. cohort are to determine more reliable Research Triangle Park, NC 27709 or Often, researchers must obtain their concordance rates for PCOS in call non-toll-free number (919) 541– initial funding through non-Federal monozygotic and dizygotic twins, 7736 or e-mail your request, including sources, so that they can demonstrate establish baseline heritability estimates, your address to: [email protected]. and develop hypotheses concerning Comment Due Date: Comments proof of concept, which can be a pre- possible pathogenetic and/or regarding this information collection are condition of obtaining Federal funds. environmental factors. The findings best assured of having their full effect if The funding directory that is developed from this study will aid in developing: received within 60 days of the date of through this study will provide cancer (1) Genetic tests to identify high risk this publication. CAM researchers with a resource that women; (2) preventative strategies; and they can use to identify non-Federal (3) more effective therapies for PCOS Dated: January 11, 2006. funding sources, and target the funding and related syndromes such as type 2 Richard A. Freed, sources that are most closely aligned diabetes, obesity, idiopathic Associate Director for Management, NIEHS, with their research objectives. hyperandrogenism, and male pattern National Institutes of Health. Frequency of Response: Semiannual. baldness. Frequency of Response: One [FR Doc. 06–515 Filed 1–19–06; 8:45 am] Affected Public: Nonprofit time. Affected Public: Individuals or BILLING CODE 4140–01–M organizations; Businesses or other for- households. Type of Respondents: Adult profit organizations; Type of women. The annual reporting burden is Respondents: Organizations (other than as follows: Estimated Number of DEPARTMENT OF HEALTH AND Federal Government) that offer funding Respondents: 3,700; Estimated Number HUMAN SERVICES for cancer CAM research and have an of Responses per Respondent: 1; open grant application process. The National Institutes of Health Average Burden Hours Per Response: annual reporting burden is as follows: 0.167; and Estimated Total Annual Proposed Collection; Comment Estimated Number of Respondents: 200; Burden Hours Requested: 206 per year Request; Survey of Non-Federal Estimated Number of Responses per for 3 years. The annualized cost to Funding Sources for Cancer CAM Respondent: 2 per year; Average Burden respondents is estimated at $6,179.00. Research Hours Per Response: .25; and Estimated There are no Capital Costs to report. Total Annual Burden Hours Requested: There are no Operating or Maintenance SUMMARY: In compliance with the 100. The annualized cost to respondents Costs to report. requirement of section 3506(c)(2)(A) of is estimated at: $2000 (assumes $20 Request for Comments: Written the Paperwork Reduction Act of 1995, hourly rate × 100 hours). There are no comments and/or suggestions from the for opportunity for public comment on Capital Costs to report. There are no public and affected agencies are invited proposed data collection projects, the Operating or Maintenance Costs to on one or more of the following points: National Cancer Institute (NCI), the report.

Estimated number Estimated number of responses per Average burden Estimated total Type of respondents of respondents respondent hours per annual burden (annual estimate) response hours requested

Nonprofit organizations ...... 150 2 .25 75 Businesses or other for-profit organizations ...... 50 2 .25 25

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Estimated number Estimated number of responses per Average burden Estimated total Type of respondents of respondents respondent hours per annual burden (annual estimate) response hours requested

Total ...... 100

Request for Comments: Written the Paperwork Reduction Act of 1995, assessment instruments to better assess comments and/or suggestions from the for opportunity for public comment on the frequency, duration, and intensity of public and affected agencies are invited proposed data collection projects, the physical activity. For that reason, NCI on one or more of the following points: National Cancer Institute (NCI), the plans to evaluate the use of a new type (1) Whether the proposed collection of National Institutes of Health (NIH) will of accelerometer, a small device worn information is necessary for the proper publish periodic summaries of proposed on a belt at the waist that measures and performance of the function of the projects to be submitted to the Office of records movement, capturing movement agency, including whether the Management and Budget (OMB) for intensity and duration and associating it information will have practical utility; review and approval. with clock-time. This new (2) the accuracy of the agency’s estimate Proposed Collection: Title: Actigraph accelerometer will be used in the of the burden of the proposed collection Accelerometer Validation Study. Type Hispanic Community Health Study and of information, including the validity of of Information Collection Request: New. will allow examination of levels as well the methodology and assumptions used; Need and Use of Information Collection: as patterns of activity. Physical activity (3) ways to enhance the quality, utility, The NCI is collaborating with other NIH and clarity of the information to be was measured with accelerometers in Institutes on a proposed longitudinal the nationally representative 2003–2006 collected; and (4) ways to minimize the study of Hispanic subpopulations in the burden of the collection of information National Health and Nutrition United States referred to as the Hispanic on those who are to respond, including Examination Survey (NHANES) (OMB#: Community Health Study. The Hispanic the use of appropriate automated, 0920–0237, October 15, 2004, Vol 69, population is now the largest minority electronic, mechanical, or other pp. 61253–61254). NHANES provides population in the U.S. with a projected technological collection techniques or estimates for Mexican-American, but three-fold growth by 2050. Hispanic other forms of information technology. not other Hispanic subgroups. Between subgroups are influenced by a number the time of the NHANES and the FOR FURTHER INFORMATION CONTACT: To of chronic disease risk factors associated request more information on the with immigration from different cultural Hispanic Community Health Study, proposed project or to obtain a copy of settings and environments. These there has been a change in the the data collection plans and factors include diet, physical activity, technology of the accelerometer used in instruments, contact Dr. Jeffrey White, community support, working NHANES. To allow comparison of the Director, OCCAM, NCI, NIH, 6116 conditions, and access to health care. physical activity data that will be Executive Plaza North, Suite 600, MSC Hispanic groups have higher rates of collected from the four Hispanic 8339, Bethesda, MD 20852, or call non- obesity and diabetes than non-Hispanic subgroups in the Hispanic Community toll-free number (301) 435–7980 or E- groups, but have lower coronary disease Study to the data collected with the mail your request, including your and cancer (all sites) mortality. There previous technology used in NHANES, address to: [email protected]. are also observed differences in health a cross-validation study is needed. The Comments Due Date: Comments outcomes between Hispanic subgroups. proposed study, the ActiGraph regarding this information collection are For example, Puerto Ricans have a four- Accelerometer Validation Study, will best assured of having their full effect if fold higher asthma prevalence than serve this purpose. It is a cross- received within 60 days of the date of Mexican-Americans. Hispanic validation study comparing the two this publication. populations are understudied with ActiGraph accelerometer models under Dated: January 12, 2006. respect to many diseases and risk different circumstances of walking or Rachelle Ragland-Greene, factors. Their projected population jogging in differing age groups and for NCI Project Clearance Liaison, National growth underscores the need for both genders. Frequency of response: Institutes of Health. accurate evaluation of their disease One-time study. Affected Public: [FR Doc. E6–591 Filed 1–19–06; 8:45 am] burden and risk. A vast amount of Individuals. Type of Respondents: BILLING CODE 4167–01–P research suggests that the level of Healthy adults between the ages of 18– physical activity influences many of the 74 years. The annual reporting burden chronic diseases and conditions of is as follows: Estimated Number of DEPARTMENT OF HEALTH AND interest, including obesity, diabetes, Respondents: 144; Estimated Number of HUMAN SERVICES cardiovascular disease, and cancer. To Responses per Respondent: 1; Average better understand the relationship Burden Hours per Response: 1.5; and National Institutes of Health between physical activity and chronic Estimated Total Annual Burden Hours Proposed Collection; Comment disease, and to make specific activity prescriptions, it is necessary to be able Requested: 186. The annualized cost to Request; ActiGraph Accelerometer respondents is estimated at: $3,288. Validation Study to accurately assess levels and types of activity. In particular, better methods SUMMARY: In compliance with the are needed to improve the validity and requirement of section 3506(c)(2)(A) of reliability of physical activity

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Average time Data collection task Number of Frequency per Annual hour Hourly wage Cost to participants of response response burden rate respond

Screener ...... 144 1 0.25 36 $17.68 $636.48 Height and weight ...... 120 1 0.25 30 17.68 530.40 Accelerometer fitting ...... 120 1 0.5 60 17.68 1,060.80 Walking track ...... 120 1 0.5 60 17.68 1,060.80

...... 1.5 186 ...... 3,288.48

There are no Capital Costs to report. DEPARTMENT OF HEALTH AND assistance. The demographic questions There are no Operating or Maintenance HUMAN SERVICES will allow CIS to better measure the Costs to report. program’s reach to underserved National Institutes of Health Request for Comments: Written populations and program impacts on these populations. The smoking/tobacco comments and/or suggestions from the Proposed Collection; Comment use questions are necessary as part of public and affected agencies are invited Request; Collection of Demographic on one or more of the following points: and Smoking/Tobacco Use Information the intake and needs assessment process (1) Whether the proposed collection of From NCI Cancer Information Service for smoking cessation clients. The information is necessary for the proper Clients information collected about clients’ performance of the function of the smoking history, previous quit attempts, agency, including whether the SUMMARY: In compliance with the and motivations to quit smoking will information will have practical utility, requirement of section 3506(c)(2)(A) of enable Information Specialists to (2) the accuracy of the agency’s estimate the Paperwork Reduction Act of 1995, provide effective individualized for opportunity for public comment on of the burden of the proposed collection counseling. Consistent with the current proposed data collection projects, the of information, including the validity of data collection, the proposed National Cancer Institute (NCI), the the methodology and assumptions used, demographic and smoking intake National Institutes of Health (NIH) will (3) ways to enhance the quality, utility questions will be asked of clients who publish periodic summaries of proposed and clarity of the information to be are cancer patients, family members and projects to be submitted to the Office of friends of patients, and the general collected; and (4) ways to minimize the Management and Budget (OMB) for public. Also consistent with the current burden of the collection of information review and approval. data collection, 25% of telephone and on those who are to respond, including Proposed Collection: Title: Collection quitline clients will be sampled for the the use of appropriate automated, of Demographic and Smoking/Tobacco electronic, mechanical, or other Use Information from NCI Cancer proposed demographic questions. If the technological collection techniques or Information Service Clients. Type of call is the result of a special promotion, other forms of information technology. Information Collection Request: 50% of callers will be surveyed. Overall, it is estimated that 36% of telephone FOR FURTHER INFORMATION CONTACT: To Revision of OMB no. 0925–0208 and quitline clients will be sampled for request more information on the expiration date 11/30/2006. Need and the demographic questions for an proposed project or to obtain a copy of Use of Information Collection: The estimated annual total of 40,700 the data collection plans and NCI’s Cancer Information Service (CIS) telephone clients and 2,400 quitline instruments, contact Dr. Richard provides accurate and up-to-date cancer clients. Also consistent with the current Troiano, CDR, U.S. Public Health information to the public through a toll- Service, Risk Factor Monitoring and free telephone number (1–800–4– data collection, the demographic Methods Branch, Applied Research CANCER) and LiveHelp, an online questions will be asked of 50% of Program, Division of Cancer Control and instant messaging service. In addition, LiveHelp clients for an estimated annual CIS provides smoking cessation Population Sciences, National Cancer total of 2,000 online clients. The higher assistance through a telephone quitline Institute, EPN 4005, 6130 Executive sampling rate for LiveHelp clients is (accessed through 1–800–44U–QUIT or Blvd, MSC 7344, Bethesda, MD 20892– necessary due to the lower response rate 1–800–QUITNOW). Characterizing CIS 7344, or call non-toll-free number (301) among online clients. The proposed clients is essential to customer service, 435–6822, or FAX your request to (301) smoking intake questions will be asked program planning, and promotion. 435–3710, or E-mail your request, of 100% of quitline clients for an annual Currently CIS conducts a brief survey of total of approximately 6,700 clients. The including your address, to: a sample of telephone and LiveHelp [email protected]. combined total to be surveyed each year clients at the end of usual service (OMB is approximately 49,400 CIS clients for Comments Due Date: Comments no. 0925–0208 expiration date 11/30/ a total of 2,478 annual burden hours. regarding this information collection are 2006); the survey includes three Frequency of Response: Single time. best assured of having their full effect if customer service and five demographic Affected Public: Individuals or received within 60 days of the date of questions (age, sex, race, ethnicity, households. Type of Respondents: this publication. education). This request is to supplement the current data collection Cancer patients, family members and Dated: January 11, 2006. activity by adding (1) four demographic friends of cancer patients, and general Rachelle Ragland-Greene, questions related to income, health public who contact CIS via telephone or NCI Project Clearance Liaison, National insurance coverage, and regular source online. The annual reporting burden is Institutes of Health. of health care; and (2) a set of 20 as follows: [FR Doc. E6–592 Filed 1–19–06; 8:45 am] smoking/tobacco use questions for BILLING CODE 4167–01–P individuals seeking smoking cessation

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TABLE 1.—RESPONDENT AND BURDEN ESTIMATES

Estimated number Average burden Estimated total Type of respondents Estimated number of responses per hours per annual burden of respondents respondent response hours requested

Telephone Clients (36% sampled): Demographic questions only ...... 40,700 1 .0178 724 Quitline Clients (36% sampled for demographic questions and 100% for smoking questions): Demographic and smoking questions ...... 2,400 1 .2678 643 Smoking questions only ...... 4,300 1 .25 1,075

Subtotal Quitline Clients ...... 6,700 ...... LiveHelp Clients (50% sampled): Demographic questions ...... 2,000 1 .0178 36

Total ...... 49,400 ...... 2,478

The annualized cost to respondents is Dated: January 8, 2006. Boulevard, Suite 325, Rockville, MD estimated at approximately: $44,827. Rachelle Ragland-Greene, 20852–3804; Telephone: 301–435–4426; There are no Capital Costs, Operating National Institutes of Health, NCI Project Facsimile: 301–402–0220; e-mail: Costs, or Maintenance Costs to report. Clearance Liaison. [email protected]. Request for Comments: Written [FR Doc. E6–593 Filed 1–19–06; 8:45 am] SUPPLEMENTARY INFORMATION: comments and/or suggestions from the BILLING CODE 4167–01–P Osteoarthritis is a chronic, often public and affected agencies are invited progressive and substantially disabling on one or more of the following points: condition that becomes more common DEPARTMENT OF HEALTH AND with advanced age. Osteoarthritis (1) Whether the proposed collection of HUMAN SERVICES information is necessary for the proper commonly involves the knees, hands, hips, neck and back resulting in pain performance of the function of the National Institutes of Health and limitations of movement. agency, including whether the Prospective Grant of Exclusive Unfortunately clinically available information will have practical utility; tests are neither capable of detecting License: FDA Approvable Human (2) The accuracy of the agency’s osteoarthritis early in its development, Diagnostic for Osteoarthritis estimate of the burden of the proposed nor sensitive enough to adequately collection of information, including the AGENCY: National Institutes of Health, assess disease progression. A better validity of the methodology and Public Health Service, HHS. means of diagnosing early osteoarthritis assumptions used; (3) Ways to enhance ACTION: Notice. and its progression that can be used to the quality, utility, and clarity of the assess the response to therapeutic information to be collected; and (4) SUMMARY: This is notice, in accordance treatments is needed. The currently Ways to minimize the burden of the with 35 U.S.C. 209(c)(1) and 37 CFR available laboratory techniques are collection of information on those who 404.7(a)(1)(i), that the National highly sensitive but either lack are to respond, including the use of Institutes of Health (NIH), Department specificity or require large volumes of appropriate automated, electronic, of Health and Human Services, is sample. Rolling Circle Amplification mechanical, or other technological contemplating the grant of an exclusive (RCA) is a new technology that precisely collection techniques or other forms of license worldwide to practice the localizes unique signals arising from information technology. invention embodied in U.S. Patent single reporter molecules. RCA has been Application Number 60/602,334 filed incorporated into antibody-based FOR FURTHER INFORMATION CONTACT: To August 18, 2005, entitled ‘‘Biomarkers microarray system protein chips that request more information on the for Osteoarthritis,’’ to PeptiFarma, Inc., enable testing with high sensitivity and proposed project or to obtain a copy of having a place of business in San Diego, specificity for hundreds of proteins the data collection plans and CA 92191. The contemplated exclusive simultaneously, using small sample instruments, contact Linda Squiers, license may be limited to an FDA volumes. PhD., Project Officer for Research, approvable human diagnostic for This invention describes a method of Cancer Information Service Branch, osteoarthritis. The United States of using RCA technology for detecting the National Cancer Institute, NIH, 6116 America is an assignee of the patent expression of serum proteins that are Executive Blvd, MSC 8322, Rockville, rights in this invention. perturbed in osteoarthritis patients. The results of this testing can be used to MD, 20892–8322, or call non-toll-free DATES: Only written comments and/or number (301) 594–9075 or E-mail your identify proteins associated with application for a license which is osteoarthritis presence, prediction of request, including your address, to: received by the NIH Office of osteoarthritis development and [email protected]. Technology Transfer on or before March prognosis, predict response to Comments Due Date: Comments 21, 2006 will be considered. osteoarthritis treatment and potentially regarding this information collection are ADDRESSES: Request for a copy of the also identify future anti-osteoarthritic best assured of having their full effect if patent, inquires, comments, and other drugs. received within 60 days of the date of materials relating to the contemplated The prospective exclusive license will this publication. license should be directed to: Marlene be royalty-bearing and will comply with Astor, Technology Licensing Specialist, the terms and conditions of 35 U.S.C. Office of Technology Transfer, National 209 and 37 CFR 404.7. The prospective Institutes of Health, 6011 Executive exclusive license may be granted unless,

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within 60 days from the date of this Background Monthly Statement will be routed under published Notice, the NIH receives On February 4, 2004, the Bureau of existing CBP procedures. Brokers will written evidence and argument that Customs and Border Protection (CBP) only view/receive information that they establishes that the grant of the license published a General Notice in the have filed on an importer’s behalf. ACE would not be consistent with the Federal Register (69 FR 5362) will not route a Periodic Monthly requirements of 35 U.S.C. 209 and 37 announcing the National Customs Statement to a broker through ABI if CFR 404.7. Automation Program (NCAP) test for that statement lists information filed by Properly filed competing applications Periodic Monthly Payment Statement another broker. On August 8, 2005, CBP published a for a license filed in response to this Process. The test, which is part of CBP’s General Notice in the Federal Register notice will be treated as objections to Automated Commercial Environment (70 FR 45736) changing the time period the contemplated license. Comments (ACE), benefits participants by giving allowed for the periodic monthly and objections submitted in response to them access to operational data through this notice will not be made available deposit of estimated duties and fees the ACE Secured Data Portal (‘‘ACE from the 15th calendar day to the 15th for public inspection, and, to the extent Portal’’), which provides them the permitted by law, will not be released working day of the month following the capability to interact electronically with month in which the goods are either under the Freedom of Information Act, CBP, and by allowing them to deposit 5 U.S.C. 552. entered or released. That change was estimated duties and fees on a monthly made in order to comply with the Dated: January 10, 2006. basis based on a Periodic Monthly provisions of section 2004 of the Steven M. Ferguson, Statement issued by CBP. Miscellaneous Trade and Technical Director, Division of Technology Development When the test started, only importers Corrections Act of 2004, Public Law and Transfer, Office of Technology Transfer were eligible to apply for the test. 108–429, which extended the time of National Institutes of Health. Eligibility was later expanded to allow deposit of those estimated duties and [FR Doc. E6–590 Filed 1–19–06; 8:45 am] brokers to apply if they were fees from the 15th calendar day to the BILLING CODE 4167–01–P specifically designated by an ACE 15th working day of the month importer. following the month in which the goods On September 8, 2004, CBP published are either entered or released. The DEPARTMENT OF HOMELAND a General Notice in the Federal Register document also advised that entries SECURITY (69 FR 54302) which invited customs containing Census errors will be eligible brokers, regardless of whether they were to be placed on a Periodic Daily Bureau of Customs and Border designated by participating importers to Statement and designated for monthly Protection make Periodic Monthly Statement payment. Finally, the document payments on their behalf, to apply to [USCBP–2006–0017] announced that a participant would be participate in the test. That notice set subject to a claim for liquidated Automated Commercial Environment forth eligibility requirements for both damages if the participant removed an (ACE): National Customs Automation importers and brokers. entry from a Periodic Daily Statement Program Test of Periodic Monthly On February 1, 2005, CBP published after expiration of a 10-working-day Payment Statement Process a General Notice in the Federal Register period after release. (70 FR 5199) announcing that applicants On September 22, 2005, CBP AGENCY: Customs and Border Protection; seeking to establish importer or broker published a General Notice in the Department of Homeland Security. accounts so as to access the ACE Portal, Federal Register (70 FR 55623) ACTION: General notice. or to participate in any ACE test eliminating the requirement that (including the test for Periodic Monthly SUMMARY: This document announces a participants in the Periodic Monthly Payment Statement Process), are no Statement test provide a bond rider modification in the Bureau of Customs longer required to provide a statement and Border Protection’s (CBP) National covering the periodic payment of certifying participation in the Customs estimated duties and fees. The Notice Customs Automation Program (NCAP) Trade Partnership Against Terrorism test concerning periodic monthly indicated that nonpayment or untimely (C–TPAT). payment of estimated duties and fees, deposit of estimated duties and fees. As provided in the February 4, 2004 CBP will no longer require Automated however, may result in action by CBP to General Notice announcing the test, impose sanctions on the delinquent Clearing House (ACH) credit participants in the Periodic Monthly participants to initiate payment earlier importer of record or to allow the surety Statement test are required to schedule to terminate its basic importation bond. than the 15th working day of the month entries for monthly payment. A Periodic as was required by a Federal Register If the bond principal is a participant in Monthly Statement will list Periodic the Periodic Monthly Statement test, notice published on August 8, 2005. Daily Statements that have been CBP, however, must receive the sureties will now be allowed, under designated for monthly payment. The certain conditions, to terminate bonds settlement for the credit by the 15th Periodic Monthly Statement can be working day in order to have the with 3 business days notice to the bond created on a port basis by the importer principal and CBP. periodic monthly statement marked or broker, as was the case with existing paid and treated as a timely payment. daily statements in the Automated Modification of the Monthly Payment DATES: The changes announced in this Commercial System (ACS) (ACE is the Statement Process Notice are effective immediately. successor to ACS). The Periodic This Notice modifies the payment FOR FURTHER INFORMATION CONTACT: For Monthly Statement can be created on a procedure set forth in the August 8, questions regarding periodic monthly national basis by an Automated Broker 2005 Notice (70 FR 45736) by statement payments: Mr. Michael Interface (ABI) filer. If an importer specifically eliminating the requirement Maricich via e-mail at chooses to file the Periodic Monthly that ‘‘ACH credit participants must [email protected], or by Statement on a national basis he must initiate payment no later than the 14th telephone at (703) 921–7520. use his filer code and schedule and pay working day of the month.’’ CBP did not SUPPLEMENTARY INFORMATION: the monthly statements. The Periodic intend to dictate the time in which

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payment must be initiated. CBP must Periodic Monthly Statement on the call the toll-free Title V information line receive the settlement for the credit by night that payment is processed. at 1–800–927–7588. the 15th working day in order to have Participants should note that if they SUPPLEMENTARY INFORMATION: In the periodic monthly statement marked voluntarily remove an entry from a accordance with the December 12, 1988 paid and treated as a timely payment. Periodic Daily Statement before court order in National Coalition for the The August 8, 2005 Notice (70 FR expiration of the 10-working-day period Homeless v. Veterans Administration, 45736) established monthly payment after release, that entry may be placed No. 88–2503–OG (D.D.C.), HUD processing procedures that incorporated on another Periodic Daily Statement publishes a Notice, on a weekly basis, the changes regarding the extended time falling within the same 10-working-day identifying unutilized, underutilized, for payment of duties and fees, and the period. If, however, participants remove excess and surplus Federal buildings removal of entries from the Periodic an entry from a Periodic Daily and real property that HUD has Daily Statement after expiration of the Statement after expiration of the 10- reviewed for suitability for use to assist 10-working-day period after release. working-day period after release, the the homeless. Today’s Notice is for the The process for entries scheduled for entry may be the subject of a claim for purpose of announcing that no monthly payment, as of this date liquidated damages for late payment of additional properties have been including the modifications made by estimated duties. determined suitable or unsuitable this this Notice, is as follows: week. a. As entries are filed with CBP, the Suspension of Regulations importer or its designated broker During the testing of the Periodic Dated: January 12, 2006. schedules them for monthly payment; Monthly Statement process, CBP is Mark R. Johnston, b. Those entries scheduled for suspending provisions in Parts 24, 141, Acting Deputy Assistant Secretary for Special monthly payment will appear on the 142, and 143 of the CBP Regulations Needs. Preliminary Periodic Daily Statement; (Title 19 Code of Federal Regulations) [FR Doc. 06–439 Filed 1–19–06; 8:45 am] c. The importer or its designated pertaining to financial, accounting, BILLING CODE 4210–29–M broker processes entry summary entry procedures, and deposit of presentation transactions for Periodic estimated duties and fees. Absent any Daily Statements within 10 working specified alternate procedure, the DEPARTMENT OF THE INTERIOR days of the date of entry; current regulations apply. All of the d. After summary information has terms of the test and criteria for Fish and Wildlife Service been filed, the scheduled entries will participation therein, as announced in Roanoke River National Wildlife appear on the Final Periodic Daily the previous notices identified above, Refuge, Bertie County, NC Statement; continue to be applicable unless e. Periodic Daily Statements changed by this notice. scheduled for monthly payment will AGENCY: Fish and Wildlife Service, appear on the Preliminary Periodic Dated: January 12, 2006. Interior. Monthly Statement; CBP will generate Jayson P. Ahern, ACTION: Notice of decision and the Preliminary Periodic Monthly Assistant Commissioner, Office of Field availability of record of decision for Statement on the 11th working day of Operations. final comprehensive conservation plan the month following the month in [FR Doc. 06–529 Filed 1–19–06; 8:45 am] and environmental impact statement. which the merchandise is either entered BILLING CODE 9111–14–P SUMMARY: or released, whichever comes first, The Fish and Wildlife Service unless the importer or designated broker announces a notice of decision and selects an earlier date; availability of record of decision (ROD) DEPARTMENT OF HOUSING AND for Roanoke River National Wildlife f. On the 15th working day of the URBAN DEVELOPMENT month, for Automated Clearing House Refuge Final Comprehensive Conservation Plan (CCP) and (ACH) debit participants, CBP will [Docket No. FR–5045–N–03] transmit the debit authorizations for the Environmental Impact Statement (EIS). periodic daily statements to the Federal Property Suitable as Facilities The refuge is in Bertie County, North financial institution and the periodic To Assist the Homeless Carolina. A thorough analysis of the monthly statement will be marked paid. environmental, social, and economic AGENCY: Office of the Assistant The Final Periodic Monthly Statement considerations was completed and Secretary for Community Planning and will be generated by CBP and be presented in the Final CCP/EIS. The Development, HUD. transmitted to the importer or his Final CCP/EIS was released to the designated broker. ACH Debit ACTION: Notice. public and a notice of availability was participants must ensure that the money published in the Federal Register on SUMMARY: This Notice identifies amount identified on the Preliminary October 31, 2005 (70 FR 62322). The unutilized, underutilized, excess, and ROD documents the selection of Monthly Statement is, in fact, available surplus Federal property reviewed by in their bank account by the 15th Alternative 3 (the Service-perferred HUD for suitability for possible use to alternative). which is represented by the working day of the month. assist the homeless. g. CBP must receive the settlement for Final CCP/EIS for the refuge. The ROD the credit by the 15th working day of EFFECTIVE DATE: January 20, 2006. was signed by the Regional Director, the month in order to have the periodic FOR FURTHER INFORMATION CONTACT: U.S. Fish and Wildlife Service, monthly statement marked paid and Kathy Ezzell, Department of Housing Southeast Region, on January 12, 2006. treated as a timely payment. The Final and Urban Development, Room 7262, ADDRESSES: A copy of the ROD may be Periodic Monthly Statement will be 451 Seventh Street, SW., Washington, obtained from the Refuge Manager, generated by CBP and be transmitted to DC 20410; telephone (202) 708–1234; Roanoke River National Wildlife Refuge, the importer or his designated broker. TTY number for the hearing- and 114 West Water Street, Windsor, North For both ACH Credit and ACH Debit speech-impaired (202) 708–2565, (these Carolina 27983, or you may call the participants, CBP will generate the Final telephone numbers are not toll-free), or Refuge Manager at 252–794–3808. A

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copy of the Final CCP/EIS is available 3 strengthens the monitoring of fish, Web site postings will be the avenues to at the following Web site: http:// wildlife, habitat, and public uses that inform the public of the dates and times southeast.fws.gov/planning. will provide the means to better respond for the meetings. Individuals wishing to FOR FURTHER INFORMATION CONTACT: to rapidly changing conditions on the comment on the Draft Comprehensive Refuge Manager, Roanoke River national refuge. Alternative 3 was selected for Conservation Plan and Environmental Wildlife Refuge, 114 West Water Street, implementation because it provides the Assessment for St. Marks National Windsor, North Carolina 27983; greatest number of opportunities for the Wildlife Refuge should do so no later Telephone (252) 794–3808. refuge to contribute to the fish, wildlife, than March 21, 2006. and habitat needs of the Roanoke River SUPPLEMENTARY INFORMATION: The ADDRESSES: Requests for copies of the watershed. following is a summary of the ROD, Draft Comprehensive Conservation Plan which selects Final CCP/EIS Alternative Authority: This notice is published under and Environmental Assessment should 3, for Roanoke river National Wildlife the authority of the National Wildlife Refuge be addressed to Mary Morris, Natural Refuge. The CCP/EIS provides System Improvement Act of 1977, Public Resource Planner, St. Marks National Law 105–57. management guidance that conserves Wildlife Refuge, P.O. Box 68, St. Marks, refuge resources and facilitates Dated: November 30, 2005. Florida 32355; Telephone (850) 925– compatible wildlife-dependent public Cynthia K. Dohner, 6121. The plan and environmental use activities during the next 15 years. Acting Regional Director. assessment may also be accessed and The Service has selected as the [FR Doc. 06–521 Filed 1–19–06; 8:45 am] downloaded from the Service’s Internet preferred alternative, Alternative 3, BILLING CODE 4310–55–M Web site which addresses key issues and http://southeast.fws.gov/planning/ or conflicts identified during the planning the refuge’s Web site http:// process, and will best achieve the DEPARTMENT OF THE INTERIOR saintmarks.fws.gov. Comments on the purposes and goals of the refuge, as well draft plan may be submitted to the as the mission of the National Wildlife Fish and Wildlife Service above address (attention: Mary Morris, Refuge System. This decision includes Natural Resource Planner) or via Notice of Availability of the Draft electronic mail to [email protected]. the management goals, objectives, and Comprehensive Conservation Plan and strategies identified in the CCP/EIS Please include your name and return Environmental Assessment for St. address in your Internet message. Our Chapter III, the adoption of stipulations Marks National Wildlife Refuge in and mitigation measures identified in practice is to make comments, including Wakulla, Jefferson and Taylor names and home addressed of Chapter IV, and compatibility Counties, FL determinations in Appendix IX. The respondents, available for pubic review implementation of the CCP will occur AGENCY: Fish and Wildlife Service, during regular business hours. over the next 15 years, depending on Interior. Individual respondents may request that future staffing levels, funding, and ACTION: Notice of availability. we withhold their home addresses from willing sellers of land. the record, which we will honor to the SUMMARY: The Fish and Wildlife Service extent allowable by law. Factors Considered in Making the announces that a Draft Comprehensive SUPPLEMENTARY INFORMATION: Priority Decision Conservation Plan and Environmental issues addressed in the draft plan The decision was based on a thorough Assessment for St. Marks National include: habitat protection and land analysis of the environmental, social, Wildlife Refuge are available for review conservation; migratory birds; and economic considerations presented and comment. The National Wildlife partnerships; fire and forest in the Final CCP/EIS. During the Refuge System Administration Act of management; exotic, invasive and decision-making phase of the CCP 1966, as amended by the National nuisance species; wildlife inventory and process, the Service reviewed and Wildlife Refuge System Improvement monitoring; imperiled species considered: The impacts identified in Act of 1997, requires the Service to management; visitor services; funding Chapter IV of the Draft and Final CCP/ develop a comprehensive conservation and staffing; and wilderness and EIS; the results of various studies and plan for each national wildlife refuge. cultural resources protection. surveys conducted in conjunction with The purpose in developing a The Service developed three the Draft and Final CCP/EIS; relevant comprehensive conservation plan is to alternatives for managing the refuge and issues, concerns, and opportunities; provide refuge managers with a 15-year chose Alternative 2 as the preferred comments on the Draft and Final CCP/ strategy for achieving refuge purposes alternative. EIS; and other relevant factors, and contributing toward the mission of including the purposes for which the the National Wildlife Refuge System, Alternatives refuge was established and statutory and consistent with sound principles of fish Alternative 1 represents no change regulatory guidance. and wildlife management, conservation, from current management of the refuge. Alternative 3 incorporates several legal mandates, and Service policies. In The most recent approved acquisition components addressing a variety of addition to outlining broad management boundary expansion (2000) would allow needs, including fish and wildlife direction on conserving wildlife and for the acquisition and protection of surveys, habitat restoration and their habitats, plans identify wildlife- 3,764 acres of land adjacent to the protection, acquisition of lands within dependent recreational opportunities refuge. Habitat planning documents the approved acquisition boundary, and available to the public, including would be revised as staff resources the six priority public uses of the opportunities for hunting, fishing, allow. Currently, the State of Florida National Wildlife Refuge System wildlife observation, wildlife provides funding for the majority of Improvement Act of 1997. photography, and environmental exotic plant species control and It is, however, the unique education and interpretation. supplies, but staff resources are used for combination of these components that DATES: Public meetings will be held in an aggressive control program. Exotic contributes the most to achieving the each county to present the plan to the animals are removed through the hunt refuge’s purposes and goals. Alternative public. Mailings, media releases, and program. A series of impoundments are

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managed for waterfowl and these boundary, that are critical to the Marks Lighthouse would provide an habitats are dependent on the upper protection of refuge resources. This opportunity to present the refuge’s rich basin outside of the refuge, which is conservation focus area includes lands cultural and historic heritage. experiencing hydrologic change. south of U.S. Highway 98, southeast of Sensitive areas and rich resources, Most research work on the refuge is Panacea, south of the Ochlockonee such as the refuge’s designated conducted with outside funding and river, and the East and Wacissa Rivers Wilderness Area and cultural resources, partnering agencies. Monitoring work is drainage basins. The State of Florida is would receive more protection through focused to the highest priority species, actively pursuing the acquisition of increased law enforcement. A major such as red-cockaded woodpeckers. The lands adjacent to the refuge and seeking provision of this alternative is a refuge has a need for basic inventories partnerships with the Service for comprehensive study of all refuge of threatened, endangered, and management. A conservation buffer area archaeological and historical resources. imperiled species and plant and animal around the refuge would help ensure Meeting basic refuge operation needs species. The habitat and life the integrity of the refuge’s land and has been addressed. Essential new office requirement needs of many species are water resources and enhance the space, staffing, and equipment needs are unknown and the presence or absence connectivity of wildlands critical for proposed. of rare or imperiled species has not been species, such as the Florida black bear, Alternative 3 incorporates and builds- fully addressed. by providing a conservation corridor. upon all the habitat improvements Visitor services would remain with Many objectives and strategies focus on listed under Alternative 2. Protection of existing programs, facilities, and staff maintaining and restoring native the East River drainage basin would addressing the priority public uses— communities, particularly longleaf pine. occur. Exotic plant and animal species hunting, fishing, wildlife observation, The development of the refuge as a Land would be controlled or eradicated. wildlife photography, and Management Research and Hardwood habitat management would environmental education and Demonstration Area would help the be improved. interpretation. Environmental education refuge to become a leader in longleaf The biological programs of the refuge and interpretation programs would pine research and conservation and would be greatly enhanced with the continue and be conducted mainly would enable the sharing of that addition of three biologist and/or onsite, with staff participation in a few knowledge with other to benefit both biological technician positions to offsite outreach festivals yearly. private and publicly owned lands. expand the Land Management Research Protection of cultural resources would Programs to control or eradicate and Demonstration Area program, to continue to rely on patrols by the law terrestrial and aquatic non-indigenous add additional projects, and to improve enforcement officer. A comprehensive and invasive plants are proposed, as is outreach and coordination with other inventory of resources is needed. The nuisance animal control. Hydrologic conservation agencies and the public. St. Marks Lighthouse would remain an studies and land conservation are Monitoring and inventorying of rare and unimproved structure without public proposed to maintain the integrity of imperiled species would be enhanced, access. Maintenance would be refuge resources and to manage the especially for reptiles, amphibians, performed, as required for a national impoundments to benefit migratory mammals, and those bird species not historic site to the extent funding is birds. considered highest priority. A available. Many ongoing and proposed programs herpetologist would be employed to The Wilderness Area would remain a and effort focus on threatened, study reptiles and amphibians, to Class I airshed and monitoring of ozone endangered, rare, and imperiled species conduct literature reviews, and to share would continue. Patrols in the of plants and animals. The need for data with partners. Wood-duck banding Wilderness Areas would also continue extensive inventorying and monitoring would be increased. The impoundments to be performed by the law enforcement for baseline data is addressed in this would be actively managed for rails, and officer. management plan, particularly for red- life-history studies would be conducted. All refuge functions would be cockaded woodpeckers, bald eagles, Point counts of priority species would conducted in existing administrative, wood storks, least terns and flatwood be undertaken for regional and national visitor service, fire, and maintenance salamanders. trend analysis. With additional staff, facilities. The existing staff would be Since a primary purpose for refuge refuge personnel could more effectively maintained. establishment is to provide habitat for monitor and respond to wildlife The preferred alternative, Alternative migratory birds, the improvement of the disturbance and habitat management 2, is considered the most effective impoundments to provide high quality issues. management action for meeting the for waterfowl, shorebirds and marsh Visitor services would be improved purposes of the refuge. The proposed birds is proposed. So, too, are strategies with the addition of a ranger position to management plan outlines the to improve forested habitat, such as pine operate the expanded Visitor Center and enhancement of wildlife populations flatwoods, pine-cabbage palmetto to assist with both on- and off-site and related habitats over the next 15 hammocks, mesic and hydric pine outreach opportunities. Two additional years. It also improves refuge safety and hardwood, and hardwood hammocks. environmental education specialists protection of resources, and may A primary focus of the visitor services would maintain the environmental provide visitors with more program, as proposed, is to enhance education classroom, laboratory outdoor opportunities for wildlife viewing and environmental education and outreach classrooms and overnight facility, wildlife-dependent recreation. efforts substantially. This plan may offer providing maximum opportunity to the Environmental education and outreach increased opportunity for wildlife- public and groups 7 days a week. They would be expanded under this proposed dependent recreation, such as would assist the lead environmental option. photography, hiking and wildlife education specialist in program In support of habitat and wildlife observation. Fishing improvements and development and training of staff, conservation, the most notable proposal angler awareness programs are volunteers, and educators. In addition to is to emphasize and encourage the proposed. The feasibility of conducting needed facilities proposed under protection of additional conservation youth hunt programs and clinics will be Alternative 2, a research center to house lands, outside the current acquisition explored. The restoration of the St. the Land Management Research and

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Demonstration Area program staff Parties to the Convention meet For information pertaining to would be constructed in order to periodically to review which species in resolutions, decisions, and agenda provide laboratory and housing facilities international trade should be regulated items: Peter O. Thomas, Chief, Division for partnering researchers and and other aspects of the implementation of Management Authority, phone 703– educators. of CITES. The fourteenth regular 358–2095, fax 703–358–2298, E-mail: Cultural and wilderness resources meeting of the Conference of the Parties [email protected]. would be further protected through the to CITES (CoP14) is tentatively SUPPLEMENTARY INFORMATION addition of a law enforcement officer scheduled to be held June 3–15, 2007, who would also serve as a community in The Hague, Netherlands. Therefore, Background police liaison in an effort to educate the with this notice we are soliciting The Convention on International public about refuge resources and to recommendations for amending Trade in Endangered Species of Wild deter and prevent crime. All step-down Appendices I and II of CITES at CoP14. Fauna and Flora, hereinafter referred to plans, except for the Land Protection We are also soliciting recommendations as CITES or the Convention, is an Plan, would be completed within 5 for resolutions, decisions, and agenda international treaty designed to control years of plan adoption. items for discussion at CoP14. We invite and regulate international trade in The refuge, established in 1931 as a you to provide us with information and certain animal and plant species that are breeding ground for wild animals and recommendations on animal and plant now or potentially may be threatened birds, is situated along the Gulf coast of species that should be considered as with extinction. These species are listed northwest Florida, about 25 miles south candidates for U.S. proposals to amend in the Appendices to CITES, which are of Tallahassee. It currently covers about CITES Appendices I and II. Such available on the CITES Secretariat’s Web 68,931 acres with an approved amendments may concern the addition site at http://www.cites.org/eng/app/ acquisition boundary of 74,469 acres. of species to Appendix I or II, the index.shtml. Currently, 169 countries, Refuge personnel also manage 947 acres transfer of species from one Appendix including the United States, are Parties of State land and 334 acres of USDA to another, or the removal of species to CITES. The Convention calls for Forest Service land within the approved from Appendix II. We also invite you to biennial meetings of the Conference of acquisition boundary. The Wilderness provide us with information and the Parties, which review its Act designated 17,446 acres as the St. recommendations on possible implementation, make provisions Marks Wilderness. The refuge aims to resolutions, decisions, and agenda items enabling the CITES Secretariat in provide habitat for a natural diversity of for discussion at the upcoming meeting. Switzerland to carry out its functions, plants and animals with a primary Finally, with this notice we also consider amendments to the list of purpose of wildlife habitat conservation. describe the U.S. approach to species in Appendices I and II, consider The refuge is also being managed to preparations for CoP14. reports presented by the Secretariat, and provide opportunity for compatible DATES: We will consider all information make recommendations for the wildlife-dependent recreation. and comments received by March 20, improved effectiveness of CITES. Any Authority: This notice is published under 2006. country that is a Party to CITES may the authority of the National Wildlife Refuge propose amendments to Appendices I System Improvement Act of 1997, Pub. L. ADDRESSES: Send correspondence and II, resolutions, decisions, and/or 105–57. pertaining to species proposals to the agenda items for consideration by all the Dated: October 31, 2005. Division of Scientific Authority; U.S. Parties. Cynthia K. Dohner, Fish and Wildlife Service; 4401 North This is our first in a series of Federal Fairfax Drive; Room 750; Arlington, Acting Regional Director. Register notices that, together with Virginia 22203, or via E-mail to: [FR Doc. 06–523 Filed 1–19–06; 8:45 am] announced public meetings, provide [email protected]. Comments you with an opportunity to participate BILLING CODE 4310–55–M and materials received pertaining to in the development of the U.S. species proposals will be available for negotiating positions for the fourteenth public inspection, by appointment, from DEPARTMENT OF THE INTERIOR regular meeting of the Conference of the 8 a.m. to 4 p.m., Monday through Parties to CITES (CoP14). Our Fish and Wildlife Service Friday, at the Division of Scientific regulations governing this public Authority. process are found in 50 CFR 23.31– Request for Information and Send correspondence pertaining to 23.39. Recommendations on Species resolutions, decisions, and agenda items Proposals, Resolutions, Decisions, to the Division of Management Announcement of the Fourteenth and Agenda Items for Consideration at Authority; U.S. Fish and Wildlife Meeting of the Conference of the Parties the Fourteenth Regular Meeting of the Service; 4401 North Fairfax Drive; Room We hereby notify you of the Conference of the Parties to the 700; Arlington, Virginia 22203, or via E- convening of CoP14, which is Convention on International Trade in mail at: [email protected]. Comments and tentatively scheduled to be held June 3– Endangered Species of Wild Fauna materials received pertaining to 15, 2007, in The Hague, Netherlands. and Flora; U.S. Approach for the resolutions, decisions, and agenda items U.S. Approach for CoP14 Meeting of the Conference of the will be available for public inspection, Parties by appointment, from 8 a.m. to 4 p.m., What Are the Priorities for U.S. Monday through Friday, at the Division Submissions to CoP14? AGENCY: Fish and Wildlife Service, of Management Authority. Interior. Priorities for U.S. submissions to ACTION: Notice; request for information. FOR FURTHER INFORMATION CONTACT: For CoP14 continue to be consistent with information pertaining to species the overall objective of U.S. SUMMARY: In order to implement the proposals: Robert R. Gabel, Chief, participation in the Convention: to Convention on International Trade in Division of Scientific Authority, phone maximize the effectiveness of the Endangered Species of Wild Fauna and 703–358–1708, fax 703–358–2276, E- Convention in the conservation and Flora (CITES or the Convention), the mail: [email protected]. sustainable use of species subject to

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international trade. With this in mind, effective implementation of the in the world. We encourage the we plan to consider the following Convention by all Parties? Differences in submission of information on species factors in determining which issues to interpretation of the Convention by 169 for possible inclusion in the Appendices submit for inclusion in the agenda at Party nations can result in if these species are subject to CoP14: inconsistencies in the way it is international trade that may be (1) Does the proposed action address implemented. In addition, wildlife trade detrimental to the survival of the a serious wildlife trade issue that the is dynamic and ever-changing, thus species. We also encourage you to keep United States is experiencing as a range presenting problems when established in mind the U.S. approach to CoP14, country for species in trade? Since our procedures are not readily applicable to described above in this notice, when primary responsibility is the new situations. The United States determining which species the United conservation of our domestic wildlife experiences some of these problems and States should propose for possible resources, we will give native species inconsistencies directly through its own inclusion in the Appendices. our highest priority. We will place imports and exports, but we also learn Complete proposals are not being particular emphasis on terrestrial and of these difficulties through our requested at this time, but are always freshwater species with the majority of participation in various fora, such as the welcome. Rather, we are asking you to their range in the United States and its CITES Standing Committee and the submit convincing information territories that are or may be in technical committees, and through describing: (1) The status of the species, significant trade; marine species that discussions with other countries, non- especially trend information; (2) occur in U.S. waters or for which the governmental organizations, and the conservation and management programs United States is a major exporter; and Secretariat. When the United States for the species, including the threatened and endangered species for cannot resolve these difficulties effectiveness of enforcement efforts; and which we and other Federal and State unilaterally or through one-on-one (3) the level of domestic as well as agencies already have statutory discussions with trading partners, it international trade in the species, responsibility for protection and may propose resolutions or decisions, especially trend information. You may recovery. We also consider CITES usually in collaboration with other also provide any other relevant listings as a proactive measure to Parties, or have these topics placed on information. References are appreciated. monitor and manage trade in native the agenda of the meeting of the The term ‘‘species’’ is defined in species to preclude the need for the Conference of the Parties for discussion CITES as ‘‘any species, sub-species, or application of stricter measures, such as by all of the Parties. geographically separate population listing under the Endangered Species (4) Does the proposed action improve thereof.’’ Each species for which trade is Act and/or inclusion in CITES implementation of the Convention by controlled under CITES is included in Appendix I. increasing the quality of information one of three Appendices, either as a (2) Does the proposed action address and expertise used to support decisions separate listing or incorporated within a serious wildlife trade issue for species by the Parties? With increased the listing of a higher taxon. The basic not native to the United States? As a complexity, sophistication, and standards for inclusion of species in the major importer of wildlife and wildlife specialization in the biological sciences Appendices are contained in Article II products, the United States has taken and other disciplines, it is critical that of CITES. Appendix I includes species responsibility, by working in close the CITES Parties have the best available threatened with extinction that are or consultation with range countries, for information upon which to base may be affected by trade. Appendix II addressing cases of potential over- decisions that affect the conservation of includes species that, although not exploitation of foreign species in the wildlife resources. Where appropriate, necessarily now threatened with wild. In some cases, the United States the United States will recommend extinction, may become so unless trade may not be a range country or a actions to ensure the availability of up- in them is strictly controlled. Appendix significant trading country for a species, to-date and accurate information to the II also lists species that must be subject but we will work closely with other Parties, including through the to regulation in order that trade in other countries to conserve species being establishment of relationships with CITES-listed species may be brought threatened by unsustainable relevant international bodies, including under effective control. Such listings exploitation for international trade. We other conventions, interjurisdictional frequently are necessary because of will consider CITES listings for species resource management agencies, and difficulty inspectors have at ports of not native to the United States if that international non-governmental entry or exit in distinguishing listing will assist in addressing cases of organizations with relevant expertise. specimens of currently or potentially potential over-exploitation of foreign threatened species from other species. species in the wild, and in preventing Request for Information and As Appendix III only includes species illegal, unregulated trade, especially if Recommendations for Amending that any Parties list unilaterally, we are the United States is a major importer. Appendices I or II not seeking input on possible U.S. These species will be prioritized based One of the purposes of this notice is Appendix-III listings with this notice, on the extent of trade and status of the to solicit information and and we will not consider or respond to species, and also the role the species recommendations that will help us comments received concerning play in the ecosystem, with emphasis on identify species that the United States Appendix-III listings. those species for which a CITES listing should propose as candidates for CITES specifies that international would offer the greatest conservation addition to, removal from, or trade in any readily recognizable parts benefits to the species, associated reclassification in the CITES or derivatives of animals listed in species, and their habitats. Appendices, or to identify issues Appendices I or II, or plants listed in (3) Does the proposed action address warranting attention by the CITES Appendix I, is subject to the same difficulties in implementing or Nomenclature Committee. This request conditions that apply to trade in the interpreting the Convention by the is not limited to species occurring in the whole organisms. With certain standard United States as an importing or United States. Any Party may submit exclusions formally approved by the exporting country, and would the proposals concerning animal or plant Parties, the same applies to the readily proposed action contribute to the species occurring in the wild anywhere recognizable parts and derivatives of

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most plant species listed in Appendix II. contact the Division of Scientific effect, are available from the CITES Parts and derivatives usually not Authority. Secretariat’s Web site (http:// included (i.e., not regulated) for www.cites.org/) or the Division of What Will We Do With the Information Appendix-II plants are: seeds, spores, Management Authority at the above We Receive? pollen (including pollinia), and address. Copies of a list of species seedlings or tissue cultures obtained in One important function of the CITES proposals adopted at CoP13 are also vitro and transported in sterile Scientific Authority of each Party available from the Division of Scientific containers. You may refer to 50 CFR country is the monitoring of Authority at the above address. 23.23(d); and the October 6, 1995, international trade in plant and animal Observers Federal Register (60 FR 52450) and species, and ongoing scientific February 22, 1996, Federal Register (61 assessments of the impact of that trade Article XI, paragraph 7 of CITES FR 6793) for further exceptions and on species. For native U.S. species listed provides: ‘‘Any body or agency limitations. in Appendix I and II, we monitor trade technically qualified in protection, In 1994, the CITES Parties adopted and export permits we authorize, so that conservation or management of wild criteria for inclusion of species in we can prevent over-utilization and fauna and flora, in the following Appendices I and II, which were revised restrict exports if necessary. We also categories, which has informed the at CoP13 (in Resolution Conf. 9.24 (Rev. work closely with our States, to ensure Secretariat of its desire to be represented CoP13)) in October 2004. These criteria that species are correctly listed in the at meetings of the Conference by apply to all listing proposals and are CITES Appendices (or not listed, if a observers, shall be admitted unless at available from the CITES Secretariat’s listing is not warranted). We actively least one-third of the Parties present Web site at http://www.cites.org, or seek information about U.S. and foreign object: upon request from the Division of species subject to international trade. (a) International agencies or bodies, Scientific Authority at the above The information submitted will help us either governmental or non- address. Resolution Conf. 9.24 (Rev. monitor trade and its impact, as well as governmental, and national CoP13) also provides a format for help us decide if we should submit or governmental agencies and bodies; and complete proposals. co-sponsor a proposal to amend the (b) National non-governmental CITES Appendices. However, there may agencies or bodies which have been What Information Should Be be species that qualify for CITES listing approved for this purpose by the State Submitted? but for which we decide not to submit in which they are located. In response to this notice, to provide a proposal to CoP14. Our decision will Once admitted, these observers shall us with information and be based on a number of factors, have the right to participate but not to recommendations on species subject to including scientific and trade vote.’’ international trade for possible information, whether or not the species National agencies or organizations proposals to amend the Appendices, is native to the United States, and for within the United States must obtain please include as much of the following foreign species, whether or not a our approval to participate in CoP14, information as possible in your proposal is supported or co-sponsored whereas international agencies or submission: by at least one range country for the organizations must obtain approval (1) Scientific name and common species. These factors and others are directly from the CITES Secretariat. We name; included in the U.S. approach to CoP14, will publish information in a future (2) Population size estimates described above in this notice. We Federal Register notice on how to (including references if available); intend to carefully consider all factors of request approved observer status. A fact (3) Population trend information; the U.S. approach when deciding which sheet on the process is posted on our (4) Threats to the species (other than species the United States should Web site at: http://www.fws.gov/ trade); propose for possible inclusion in the international/pdf/ob.pdf. (5) Level/trend of international trade Appendices. Future Actions (as specific as possible but without a We will consult range countries for request for new searches of our records); foreign species, and for species we share The next regular meeting of the (6) Level/trend in total take from the with other countries, subsequent to Conference of the Parties (CoP14) is wild (as specific as reasonable); and receiving and analyzing the information tentatively scheduled to be held June 3– (7) Short summary statement clearly provided by the public. 15, 2007, in The Hague, Netherlands. presenting the rationale for inclusion in We have developed a tentative U.S. or removal or transfer from one of the Request for Information and schedule to prepare for that meeting. Appendices, including which of the Recommendations on Resolutions, The United States must submit any criteria in Resolution Conf. 9.24 (Rev. Decisions, and Agenda Items proposals to amend Appendix I or II, or CoP13) are met. Although we have not yet received any draft resolutions, decisions, and/or If you wish to submit more complete formal notice of the provisional agenda agenda items for discussion at CoP14, to proposals for us to consider, please for CoP14, we invite your input on the CITES Secretariat 150 days prior to consult Resolution Conf. 9.24 (Rev. possible agenda items that the United the start of the meeting. In order to CoP13) for the format for proposals and States could recommend for inclusion, accommodate this deadline, we plan to a detailed explanation of each of the or on possible resolutions and/or publish a Federal Register notice categories. Proposals to transfer a decisions of the Conference of the approximately 10 months prior to species from Appendix I to Appendix II, Parties that the United States could CoP14 announcing tentative species or to remove a species from Appendix submit for consideration. Copies of the proposals, draft resolutions, draft II, must also be in accordance with the agenda and the results of the last decisions, and agenda items to be precautionary measures described in meeting of the Conference of the Parties submitted by the United States, and to Annex 4 of Resolution Conf. 9.24 (Rev. (CoP13) in Bangkok, Thailand, in solicit further information and CoP13). If you have information on October 2004, as well as copies of all comments on them. species that are potential candidates for resolutions and decisions of the Approximately 9 months prior to CITES proposals, we encourage you to Conference of the Parties currently in CoP14, we will tentatively hold a public

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meeting to allow for additional public To Participate in Conference Call: Call DEPARTMENT OF THE INTERIOR input. Approximately 4 months prior to 866–772–1693, and use password CoP14, we will post on our Web site an 9667678. National Park Service announcement of the species proposals, draft resolutions, draft decisions, and FOR FURTHER INFORMATION CONTACT: Notice of Proposed National Natural agenda items submitted by the United Patricia Henry, National Historic Landmark Designation for Ashfall States to the CITES Secretariat for Landmarks Program, National Park Fossil Beds, Antelope County, NE consideration at CoP14. The deadline Service, 1849 C Street, NW., (2280), AGENCY: National Park Service, Interior. for submission of the proposals, draft Washington, DC 20240; Telephone (202) resolutions, draft decisions, and agenda 354–2216. ACTION: Notice of proposed National items to the Secretariat will be 150 days Natural Landmark designation. SUPPLEMENTARY INFORMATION: The prior to the start of the meeting (tentatively early January 2007). purpose of this conference call of the SUMMARY: The National Park Service Landmarks Committee of the National Director has determined that Ashfall Through a series of additional notices Park System Advisory Board is to Fossil Beds, located near Orchard in and Web site postings in advance of evaluate a draft Statement of Antelope County, Nebraska, appears to CoP14, we will inform you about Significance relating to the proposed meet the criteria for national preliminary negotiating positions on Captain John Smith Chesapeake significance and proposes to resolutions, decisions, and amendments National Historic Watertrail, and to recommend the site for designation as a to the Appendices proposed by other National Natural Landmark. The public Parties for consideration at CoP14, and render an opinion about the proposed is invited to comment on this about how to obtain observer status watertrail’s historical significance for recommendation. This proposal will be from us. We will also publish consideration by the National Park considered by the National Park System announcements of public meetings System Advisory Board at their Advisory Board at a meeting to be held tentatively to be held approximately 9 subsequent meeting, March 21–22, on March 21 and 22, 2006, at Timucuan months prior to CoP14, and 2006, in Jacksonville, Florida. The Ecological and Historic Preserve, in the approximately 2 months prior to CoP14, members of the National Landmarks Ribault Club, 11241 Fort George Rd., to receive public input on our positions Committee are: Jacksonville, Florida. regarding CoP14 issues. Mr. Larry E. Rivers, Ph.D., Chair DATES: Written comments will be Author: The primary authors of this Mr. James M. Allan, Ph.D. notice are Frank Kohn and Clifton accepted by the National Park Service Horton, Division of Management Mr. Cary Carson, Ph.D. until March 21, 2006. Authority; under the authority of the Ms. Mary Werner DeNadai, FAIA ADDRESSES: Written comments should U.S. Endangered Species Act of 1973, as Ms. Alferdteen Brown Harrison, Ph.D. be sent to Dr. Margaret Brooks, National amended (16 U.S.C. 1531 et seq.). Natural Landmarks Program Manager, Mr. E.L. Roy Hunt, J.D., Professor National Park Service, 255 N. Commerce Dated: December 21, 2005. Emeritus Marshall Jones, Park Loop, Tucson, Arizona 85745, or Internet address: Director, Fish and Wildlife Service. Mr. Ronald James [email protected]. (Notice: Request for information and Mr. William J. Murtagh, Ph.D. recommendations on species proposals, Mr. William D. Seale, Ph.D. FOR FURTHER INFORMATION CONTACT: resolutions, decisions, and agenda items for Ms. Jo Anne Van Tilburg, Ph.D. Margaret Brooks at 520–670–6501, consideration at the fourteenth regular extension 232. meeting of the Conference of the Parties to The meeting will be open to the CITES; U.S. approach for the meeting of the SUPPLEMENTARY INFORMATION: Ashfall Conference of the Parties.) public. Pursuant to 36 CFR Part 65, any Fossil Beds is the only location on earth member of the public may file for [FR Doc. E6–594 Filed 1–19–06; 8:45 am] where large numbers of fossil mammals consideration by the National Park have been found as whole, three- BILLING CODE 4310–55–P System Advisory Board and its dimensionally preserved skeletons. A Landmarks Committee written thick bed of volcanic ash contains comments concerning National Historic DEPARTMENT OF THE INTERIOR hundreds of complete skeletons of Landmarks nominations, amendments extinct rhinos, camels, three-toed horses National Park Service to existing designations, proposals for and many other vertebrates lying in withdrawal of designation, or National their death poses in an ancient Notice of Meeting Historic Trail Statements of waterhole. The animals were killed and Significance. buried by ash from an enormous AGENCY: National Park Service, U.S. Comments should be submitted to volcanic eruption some 10 million years Department of the Interior. John W. Roberts, Acting Chief, National ago. This site is a Nebraska State ACTION: Notice of meeting. Historic Landmarks Program, National Historical Park and is open to the public. Information on the National Park Service, 1849 C Street, NW., Natural Landmarks Program can be SUMMARY: Notice is hereby given in (2280); Washington, DC 20240. accordance with the Federal Advisory found in 36 CFR part 62 or on the Commission Act and 36 CFR Part 65 Dated: January 17, 2006. Internet at http://www.nature.nps.gov/ that a telephonic conference call of the John W. Roberts, nnl. Landmarks Committee of the National Acting Chief, National Historic Landmarks Dated: January 17, 2006. Park System Advisory Board will be Program; National Park Service. Fran P. Mainella, held beginning at 1 p.m. on March 20, [FR Doc. 06–581 Filed 1–19–06; 8:45 am] Director, National Park Service. 2006. BILLING CODE 4312–51–P [FR Doc. 06–546 Filed 1–19–06; 8:45 am] DATES: March 20, 2006. BILLING CODE 4312–52–P

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DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR • February 22, 2006, 6–9 p.m., Mesilla Valley Inn, 901 Avenida de National Park Service Bureau of Reclamation Mesilla, Las Cruces, New Mexico; • [DES–05–80] February 23, 2006, 6–9 p.m., Notice of Proposed National Natural Ranchers Steak House, 606 North Landmark Designation for Garden Upper Rio Grande Basin Water California Street, Socorro, New Mexico; Canyon at Fort Huachuca, AZ Operations Review • February 28, 2006, 6–9 p.m., Indian Pueblo Cultural Center, 2401 12th Street AGENCY: National Park Service, Interior. AGENCY: Bureau of Reclamation, NW., Albuquerque, New Mexico; Interior. • March 1, 2006, 6–9 p.m., Radisson ACTION: Notice of proposed National ACTION: Notice of Availability and Hotel, 750 North St. Francis, Santa Fe, Natural Landmark designation. Notice of Public Meetings for the Draft New Mexico; Environmental Impact Statement for the • March 2, 2006, 6–9 p.m., Espanola SUMMARY: The National Park Service Upper Rio Grande Basin Water Public Library, Richard Lucero Center, Director has determined that Garden Operations Review. 313 North Paseo de Onate, Espanola, Canyon, located within Fort Huachuca, New Mexico; Cochise County, Arizona, appears to SUMMARY: Pursuant to the National • March 8, 2006, 6–9 p.m., Corps meet the criteria for national Environmental Policy Act (NEPA) of Abiquiu Res. Office, 2.5 Mile Highway significance and proposes to 1969 (as amended), the Bureau of 95, Abiquiu, New Mexico; and recommend the site for designation as a Reclamation (Reclamation), with and on • March 9, 2006, 6–9 p.m., U.S. National Natural Landmark. The public behalf of other joint-lead agencies (U.S. Department of Agriculture, Rural is invited to comment on this Army Corps of Engineers [Corps], Development, 101 South Craft Drive, recommendation. This proposal will be Department of Defense; and the New Alamosa, Colorado. considered by the National Park System Mexico Interstate Stream Commission ADDRESSES: The DEIS is electronically Advisory Board at a meeting to be held [Commission], State of New Mexico), available for viewing and copying at the on March 21 and 22, 2006, at Timucuan has prepared a draft environmental Corps’ Albuquerque District Web site at: Ecological and Historic Preserve, in the impact statement (DEIS) to assess the http://www.spa.usace.army.mil/ Ribault Club, 11241 Fort George Rd., consequences of proposed changes to urgwops/. Alternatively, a compact disc Jacksonville, Florida. water operations in the Rio Grande or hard copy is available upon written basin above Fort Quitman, Texas. The request to Ms. Valda Terauds, Bureau of DATES: Written comments will be DEIS is programmatic and is not accepted by the National Park Service Reclamation, Albuquerque Area Office, intended to authorize specific projects 555 Broadway NE., Suite 100 until March 21, 2006. that may also be applied to the upper Albuquerque, New Mexico 87102. ADDRESSES: Written comments should Rio Grande system. It is anticipated that Copies of the DEIS are available for be sent to Dr. Margaret Brooks, National a plan for water operations at existing public inspection and review at the Natural Landmarks Program Manager, Reclamation and Corps facilities will be following locations: National Park Service, 255 N. Commerce developed. • Bureau of Reclamation, The DEIS presents alternatives with Park Loop, Tucson, Arizona 85745, Albuquerque Area Office, 555 Broadway respect to water operations and Internet address: NE., Suite 100, Albuquerque, New evaluates the environmental, economic, [email protected]. Mexico 87102; and social effects of these alternatives. • Southern Peaks Public Library, 423 FOR FURTHER INFORMATION CONTACT: Some of the alternatives considered 4th Street, Alamosa, Colorado 81101; Margaret Brooks at 520–670–6501, include changing the channel capacity • Taos Public Library, 402 Camino de extension 232. criteria at Albuquerque, storage or non- la Placita, Taos, New Mexico 87571; storage of Rio Grande water in • City of Espan˜ ola Library, 405 Paseo SUPPLEMENTARY INFORMATION: Garden authorized San Juan-Chama space in de Onate, Espanola, New Mexico 87532; Canyon represents the best example of Abiquiu Reservoir, and operation of the • Albuquerque Main Library, 501 Madrean montane evergreen woodland, Low Flow Conveyance Channel. Copper NW., Albuquerque, New Mexico Madrean montane conifer forest, and DATES: A 60-day public review period 87102; semi-desert grassland in the Mohave- commences with the publication of this • Santa Fe Public Library, 145 Sonoran desert region. This unique notice. Comments on the DEIS should Washington Street, Santa Fe, New assemblage of biotic communities be submitted no later than Tuesday, Mexico 87501; harbors many subtropical species at the March 21, 2006, to Ms. Valda Terauds, • El Paso Public Library, Clardy Fox northern edges of their range. The Bureau of Reclamation, Albuquerque Branch, 5515 Robert Alva Avenue, El relatively natural fire regime has Area Office, 555 Broadway NE., Suite Paso, Texas 79905; contributed to the retention of 100, Albuquerque, New Mexico 87102. • Thomas Branigan Memorial Library, ecosystems in Garden Canyon that are Comments may also be submitted 200 East Picacho Avenue, Las Cruces, representative of pre-settlement electronically at: http:// New Mexico 88001; and • conditions. Information on the National www.spa.usace.army.mil/urgwops/. Socorro Public Library, 401 Park Natural Landmarks Program can be The joint-lead agencies will conduct Street, Socorro, New Mexico 87801. found in 36 CFR Part 62 or on the eight public meetings to obtain public FOR FURTHER INFORMATION CONTACT: Ms. Internet at http://www.nature.nps.gov/ input on the DEIS. All of the meetings Valda Terauds, Bureau of Reclamation, nnl. will take place from 6 p.m. to 9 p.m. Albuquerque Area Office, 555 Broadway Dated: January 17, 2006. The public meetings schedule is as NE., Suite 100, Albuquerque, New follows: Mexico 87102; telephone 505–462– Fran P. Mainella, • February 21, 2006, 6–9 p.m., 3584; facsimile 505–462–3593; e-mail: Director, National Park Service. International Boundary and Water [email protected]. [FR Doc. 06–547 Filed 1–19–06; 8:45 am] Commission, 4171 North Mesa, El Paso, Ms. April Sanders, U.S. Army Corps BILLING CODE 4312–52–U Texas; of Engineers Albuquerque District, 4101

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Jefferson Plaza NE., Albuquerque, New include only flood control operations at (19 U.S.C. 1673d(b)) (the Act) to Mexico, 87109; telephone 505–342– Platoro that are under Corps authority; determine whether an industry in the 3443; facsimile 505–342–3195; e-mail: water supply operations at Platoro are United States is materially injured or [email protected]. under local control) threatened with material injury, or the Mr. Nabil Shafike, Ph.D., New Mexico • Closed Basin Division—San Luis establishment of an industry in the Interstate Stream Commission, 121 Valley Project United States is materially retarded, by Tijeras NE., Suite 2000, Albuquerque, • Heron Dam and Reservoir reason of less-than-fair-value imports New Mexico 87102; telephone 505–764– • Abiquiu Dam and Reservoir from China and Korea of diamond 3866; facsimile 505–764–3893; e-mail: • Cochiti Dam and Reservoir sawblades and parts thereof, provided [email protected]. • Low Flow Conveyance Channel for in subheading 8202.39 of the • Flood control operations at Harmonized Tariff Schedule of the SUPPLEMENTARY INFORMATION: Pursuant United States (HTSUS).1 When to various legal authorities, and subject Elephant Butte Dam and Reservoir packaged together as a set for retail sale to allocation of supplies and priority of (because of current litigation, water with an item that is separately classified water rights under state law, supply operations at Elephant Butte are under headings 8202 to 8205 of the Reclamation and the Corps operate not included in the Review or DEIS) • HTSUS, diamond sawblades or parts dams, reservoirs, and other facilities in Flood control operations at Caballo thereof may be imported under heading the upper Rio Grande basin to: Dam and Reservoir (because of current litigation, water supply operations at 8206 of the HTSUS. (1) Store and deliver water for For further information concerning agricultural, domestic, municipal, Caballo are not included in the Review or DEIS). the conduct of this phase of these industrial, and environmental uses; investigations, hearing procedures, and (2) Assist the Commission in meeting Public Disclosure rules of general application, consult the downstream water delivery obligations Our practice is to make comments, Commission’s Rules of Practice and mandated by the Rio Grande Compact; including names and home addresses of Procedure, part 201, subparts A through (3) Provide flood protection and respondents, available for public E (19 CFR part 201), and part 207, sediment control; and subparts A and C (19 CFR part 207). (4) Comply with existing laws, review. Individual respondents may EFFECTIVE DATE: December 29, 2005. contract obligations, and international request that we withhold their home treaties. address from public disclosure, which FOR FURTHER INFORMATION CONTACT: The Upper Rio Grande Basin Water we will honor to the extent allowable by Michael Szustakowski (202–205–3188), Operations Review (Review) provides law. There also may be circumstances in which we would withhold a 1 1 For purposes of these investigations, the the basis of, and is integral to, Department of Commerce has defined the subject preparation of the DEIS. The purpose of respondent’s identity from public disclosure, as allowable by law. If you merchandise as ‘‘all finished circular sawblades, the Review and DEIS is to: whether slotted or not, with a working part that is (1) Identify flexibilities in operation of wish us to withhold your name and/or comprised of a diamond segment or segments, and address, you must state this parts thereof, regardless of specification or size, federal reservoirs and facilities in the except as specifically excluded below. Within the upper Rio Grande basin that are within prominently at the beginning of your comment. We will make all submissions scope (of these investigations) are semifinished existing authorities of Reclamation, the diamond sawblades, including diamond sawblade Corps, and the Commission, and in from organizations or businesses, and cores and diamond sawblade segments. Diamond sawblade cores are circular steel plates, whether or compliance with federal and state laws; from individuals identifying themselves as representatives or officials of not attached to non-steel plates, with slots. (2) Develop a better understanding of Diamond sawblade cores are manufactured how these facilities could be operated organizations or businesses, available principally, but not exclusively, from alloy steel. A more efficiently and effectively as an for public disclosure in their entirety. diamond sawblade segment consists of a mixture of diamonds (whether natural or synthetic, and integrated system; Dated: January 10, 2006. regardless of the quantity of diamonds) and metal (3) Formulate a plan for future water Rick L. Gold, powders (including, but not limited to, iron, cobalt, operations at these facilities that is Regional Director—Bureau of Reclamation, nickel, tungsten carbide) that are formed together within the existing authorities of Upper Colorado Region. into a solid shape (from generally, but not limited to, a heating and pressing process).’’ Preliminary Reclamation, the Corps, and the [FR Doc. 06–470 Filed 1–19–06; 8:45 am] Determination of Sales at Less Than Fair Value, Commission; complies with federal, BILLING CODE 4310–MN–P Postponement of Final Determination, and state, and other applicable laws and Preliminary Partial Determination of Critical Circumstances: Diamond Sawblades and Parts regulations; and assures continued safe Thereof from the People’s Republic of China, 70 FR dam operations; INTERNATIONAL TRADE 77121, 77123 (December 29, 2005) and Notice of (4) Improve processes for making COMMISSION Preliminary Determination of Sales at Less Than decisions about water operations Fair Value, Postponement of Final Determination, through better interagency [Investigation Nos. 731–TA–1092–1093 and Negative Preliminary Critical Circumstances (Final)] Determination: Diamond Sawblades and Parts communication and coordination, and Thereof form the Republic of Korea, 70 FR 77135, facilitation of public review and input; Diamond Sawblades and Parts Thereof 77138 (December 29, 2005). and In addition, Commerce excluded these products From China and Korea from its scope: sawblades with diamonds directly (5) Support compliance by the Corps, attached to the core with a resin or electroplated Reclamation, and the Commission with AGENCY: United States International bond, which thereby do not contain a diamond applicable law and regulations, Trade Commission. segment; diamond sawblades and/or sawblade cores including, but not limited to, the with a thickness of less than 0.025 inches, or with ACTION: Scheduling of the final phase of a thickness greater than 1.1 inches; circular steel National Environmental Policy Act and antidumping investigations. plates that have a cutting edge of non-diamond the Endangered Species Act. material, such as external teeth that protrude from The DEIS addresses water operations SUMMARY: The Commission hereby gives the outer diameter of the plate, whether or not at the following facilities with the noted notice of the scheduling of the final finished; diamond sawblade cores with a Rockwell exceptions and limitations: phase of antidumping investigation Nos. C hardness of less than 25; and diamond sawblades • and/or diamond segment(s) with diamonds that Flood control operations at Platoro 731–TA–1092–1093 (Final) under predominantly have a mesh size number greater Reservoir (the Review and EIS will section 735(b) of the Tariff Act of 1930 than 240 (such as 250 or 260). Ibid.

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Office of Investigations, U.S. section 207.7(a) of the Commission’s no later than three days before the International Trade Commission, 500 E rules, the Secretary will make BPI hearing. In addition, any person who Street SW., Washington, DC 20436. gathered in the final phase of these has not entered an appearance as a party Hearing-impaired persons can obtain investigations available to authorized to the investigations may submit a information on this matter by contacting applicants under the APO issued in the written statement of information the Commission’s TDD terminal on 202– investigations, provided that the pertinent to the subject of the 205–1810. Persons with mobility application is made no later than 21 investigations, including statements of impairments who will need special days prior to the hearing date specified support or opposition to the petition, on assistance in gaining access to the in this notice. Authorized applicants or before May 23, 2006. On June 9, 2006, Commission should contact the Office must represent interested parties, as the Commission will make available to of the Secretary at 202–205–2000. defined by 19 U.S.C. 1677(9), who are parties all information on which they General information concerning the parties to the investigations. A party have not had an opportunity to Commission may also be obtained by granted access to BPI in the preliminary comment. Parties may submit final accessing its internet server (http:// phase of the investigations need not comments on this information on or www.usitc.gov). The public record for reapply for such access. A separate before June 13, 2006, but such final these investigations may be viewed on service list will be maintained by the comments must not contain new factual the Commission’s electronic docket Secretary for those parties authorized to information and must otherwise comply (EDIS) at http://edis.usitc.gov. receive BPI under the APO. with section 207.30 of the Commission’s Staff report.—The prehearing staff SUPPLEMENTARY INFORMATION: rules. All written submissions must report in the final phase of these Background.—The final phase of conform with the provisions of section investigations will be placed in the these investigations is being scheduled 201.8 of the Commission’s rules; any nonpublic record on May 2, 2006, and as a result of affirmative preliminary submissions that contain BPI must also a public version will be issued determinations by the Department of conform with the requirements of thereafter, pursuant to section 207.22 of Commerce that imports of diamond sections 201.6, 207.3, and 207.7 of the the Commission’s rules. sawblades and parts thereof from China Commission’s rules. The Commission’s Hearing.—The Commission will hold rules do not authorize filing of and Korea are being sold in the United a hearing in connection with the final States at less than fair value within the submissions with the Secretary by phase of these investigations beginning facsimile or electronic means, except to meaning of section 733 of the Act (19 at 9:30 a.m. on May 16, 2006, at the U.S. U.S.C. 1673b). The investigations were the extent permitted by section 201.8 of International Trade Commission the Commission’s rules, as amended, 67 requested in a petition filed on May 3, Building. Requests to appear at the 2005, by the Diamond Sawblade FR 68036 (November 8, 2002). Even hearing should be filed in writing with where electronic filing of a document is Manufacturers’ Coalition and its the Secretary to the Commission on or permitted, certain documents must also individual members: Blackhawk before May 10, 2006. A nonparty who be filed in paper form, as specified in Diamond, Inc, Fullerton, CA; Diamond has testimony that may aid the II(C) of the Commission’s Handbook on B, Inc., Santa Fe Springs, CA; Diamond Commission’s deliberations may request Electronic Filing Procedures, 67 FR Products, Elyria, OH; Dixie Diamond, permission to present a short statement 68168, 68173 (November 8, 2002). Lilburn, GA; Hoffman Diamond, at the hearing. All parties and Punxsutawney, PA; Hyde nonparties desiring to appear at the Additional written submissions to the Manufacturing, Southbridge, MA; hearing and make oral presentations Commission, including requests Sanders Saws, Honey Brook, PA; Terra should attend a prehearing conference pursuant to section 201.12 of the Diamond, Salt Lake City, UT; and to be held at 9:30 a.m. on May 12, 2006, Commission’s rules, shall not be Western Saw, Inc., Oxnard, CA. at the U.S. International Trade accepted unless good cause is shown for Participation in the investigations and Commission Building. Oral testimony accepting such submissions, or unless public service list.—Persons, including and written materials to be submitted at the submission is pursuant to a specific industrial users of the subject the public hearing are governed by request by a Commissioner or merchandise and, if the merchandise is sections 201.6(b)(2), 201.13(f), and Commission staff. sold at the retail level, representative 207.24 of the Commission’s rules. In accordance with sections 201.16(c) consumer organizations, wishing to Parties must submit any request to and 207.3 of the Commission’s rules, participate in the final phase of these present a portion of their hearing each document filed by a party to the investigations as parties must file an testimony in camera no later than 7 investigations must be served on all entry of appearance with the Secretary business days prior to the date of the other parties to the investigations (as to the Commission, as provided in hearing. identified by either the public or BPI section 201.11 of the Commission’s Written submissions.—Each party service list), and a certificate of service rules, no later than 21 days prior to the who is an interested party shall submit must be timely filed. The Secretary will hearing date specified in this notice. A a prehearing brief to the Commission. not accept a document for filing without party that filed a notice of appearance Prehearing briefs must conform with the a certificate of service. during the preliminary phase of these provisions of section 207.23 of the investigations need not file an Commission’s rules; the deadline for Authority: These investigations are being conducted under authority of title VII of the additional notice of appearance during filing is May 9, 2006. Parties may also Tariff Act of 1930; this notice is published this final phase. The Secretary will file written testimony in connection pursuant to section 207.21 of the maintain a public service list containing with their presentation at the hearing, as Commission’s rules. the names and addresses of all persons, provided in section 207.24 of the By order of the Commission. or their representatives, who are parties Commission’s rules, and posthearing to the investigations. briefs, which must conform with the Issued: January 17, 2006. Limited disclosure of business provisions of section 207.25 of the Marilyn R. Abbott, proprietary information (BPI) under an Commission’s rules. The deadline for Secretary to the Commission. administrative protective order (APO) filing posthearing briefs is May 23, [FR Doc. E6–644 Filed 1–19–06; 8:45 am] and BPI service list.—Pursuant to 2006; witness testimony must be filed BILLING CODE 7020–02–P

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INTERNATIONAL TRADE Participation in the review and public Parties must submit any request to COMMISSION service list.—Persons, including present a portion of their hearing industrial users of the subject testimony in camera no later than 7 [Investigation No. 731–TA–539–C (Second Review)] merchandise and, if the merchandise is business days prior to the date of the sold at the retail level, representative hearing. Uranium From Russia consumer organizations, wishing to Written submissions.—Each party to participate in this review as parties the review may submit a prehearing AGENCY: International Trade must file an entry of appearance with brief to the Commission. Prehearing Commission. the Secretary to the Commission, as briefs must conform with the provisions ACTION: Scheduling of a full five-year provided in section 201.11 of the of section 207.65 of the Commission’s review concerning the suspended Commission’s rules, by 45 days after rules; the deadline for filing is May 12, antidumping investigation on Uranium publication of this notice. A party that 2006. Parties may also file written from Russia. filed a notice of appearance following testimony in connection with their publication of the Commission’s notice presentation at the hearing, as provided SUMMARY: The Commission hereby gives of institution of the review need not file in section 207.24 of the Commission’s notice of the scheduling of a full review an additional notice of appearance. The rules, and posthearing briefs, which pursuant to section 751(c)(5) of the Secretary will maintain a public service must conform with the provisions of Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) list containing the names and addresses section 207.67 of the Commission’s (the Act) to determine whether of all persons, or their representatives, rules. The deadline for filing termination of the suspended who are parties to the review. posthearing briefs is June 2, 2006; antidumping investigation on Uranium Limited disclosure of business witness testimony must be filed no later from Russia would be likely to lead to proprietary information (BPI) under an than three days before the hearing. In continuation or recurrence of material administrative protective order (APO) addition, any person who has not injury within a reasonably foreseeable and BPI service list.—Pursuant to entered an appearance as a party to the time. The Commission has determined section 207.7(a) of the Commission’s review may submit a written statement to exercise its authority to extend the rules, the Secretary will make BPI of information pertinent to the subject of review period by up to 90 days pursuant gathered in this review available to the review on or before June 2, 2006. On to 19 U.S.C. 1675(c)(5)(B). For further authorized applicants under the APO July 7, 2006, the Commission will make information concerning the conduct of issued in the review, provided that the available to parties all information on this review and rules of general application is made by 45 days after which they have not had an opportunity application, consult the Commission’s publication of this notice. Authorized to comment. Parties may submit final Rules of Practice and Procedure, part applicants must represent interested comments on this information on or 201, subparts A through E (19 CFR part parties, as defined by 19 U.S.C. 1677(9), before July 11, 2006, but such final 201), and part 207, subparts A, D, E, and who are parties to the review. A party comments must not contain new factual F (19 CFR part 207). granted access to BPI following information and must otherwise comply EFFECTIVE DATE: January 11, 2006. publication of the Commission’s notice with section 207.68 of the Commission’s FOR FURTHER INFORMATION CONTACT: of institution of the review need not rules. All written submissions must Cynthia Trainor (202–205–3354), Office reapply for such access. A separate conform with the provisions of section of Investigations, U.S. International service list will be maintained by the 201.8 of the Commission’s rules; any Trade Commission, 500 E Street, SW., Secretary for those parties authorized to submissions that contain BPI must also Washington, DC 20436. Hearing- receive BPI under the APO. conform with the requirements of impaired persons can obtain Staff report.—The prehearing staff sections 201.6, 207.3, and 207.7 of the information on this matter by contacting report in the review will be placed in Commission’s rules. The Commission’s the Commission’s TDD terminal on 202– the nonpublic record on May 3, 2006, rules do not authorize filing of 205–1810. Persons with mobility and a public version will be issued submissions with the Secretary by impairments who will need special thereafter, pursuant to section 207.64 of facsimile or electronic means, except to assistance in gaining access to the the Commission’s rules. the extent permitted by section 201.8 of Commission should contact the Office Hearing.—The Commission will hold the Commission’s rules, as amended, 67 of the Secretary at 202–205–2000. a hearing in connection with the review FR 68036 (November 8, 2002). Even General information concerning the beginning at 9:30 a.m. on May 23, 2006, where electronic filing of a document is Commission may also be obtained by at the U.S. International Trade permitted, certain documents must also accessing its internet server (http:// Commission Building. Requests to be filed in paper form, as specified in II www.usitc.gov). The public record for appear at the hearing should be filed in (C) of the Commission’s Handbook on this review may be viewed on the writing with the Secretary to the Electronic Filing Procedures, 67 FR Commission’s electronic docket (EDIS) Commission on or before May 12, 2006. 68168, 68173 (November 8, 2002). at http://edis.usitc.gov. A nonparty who has testimony that may Additional written submissions to the SUPPLEMENTARY INFORMATION: aid the Commission’s deliberations may Commission, including requests Background.—On October 4, 2005, request permission to present a short pursuant to section 201.12 of the the Commission determined that statement at the hearing. All parties and Commission’s rules, shall not be circumstances were such that a full nonparties desiring to appear at the accepted unless good cause is shown for review pursuant to section 751(c)(5) of hearing and make oral presentations accepting such submissions, or unless the Act should proceed (70 FR 60368, should attend a prehearing conference the submission is pursuant to a specific October 17, 2005). A record of the to be held at 9:30 a.m. on May 17, 2006, request by a Commissioner or Commissioners’ votes, the at the U.S. International Trade Commission staff. Commission’s statement on adequacy, Commission Building. Oral testimony In accordance with sections 201.16(c) and any individual Commissioner’s and written materials to be submitted at and 207.3 of the Commission’s rules, statements are available from the Office the public hearing are governed by each document filed by a party to the of the Secretary and at the sections 201.6(b)(2), 201.13(f), 207.24, review must be served on all other Commission’s Web site. and 207.66 of the Commission’s rules. parties to the review (as identified by

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either the public or BPI service list), and Polymers, Inc., as well as other El Paso DEPARTMENT OF JUSTICE a certificate of service must be timely Corporation entities (together filed. The Secretary will not accept a hereinafter ‘‘El Paso’’) were also named Antitrust Division document for filing without a certificate in the ARCO/Lyondell matter and United States, State of Illinois, State of of service. ultimately brought contribution claims New York, and Commonwealth of against various parties including the Authority: This review is being conducted Massachusetts v. Marquee Holdings, under authority of title VII of the Tariff Act Settling Defendants to this Consent Inc. and LCE Holdings, Inc.; Complaint, of 1930; this notice is published pursuant to Decree. section 207.62 of the Commission’s rules. Proposed Final Judgment, and Under the proposed Consent Decree, Competitive Impact Statement Issued: January 17, 2006. the United States provides covenants By order of the Commission. not to sue settling defendants under Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, Marilyn R. Abbott, CERCLA Sections 106 and 107, 42 15 U.S.C. section 16(b) through (h), that Secretary to the Commission. U.S.C. 9606 and 9607, in connection a Complaint, proposed Final Judgment, [FR Doc. E6–641 Filed 1–19–06; 8:45 am] with the site. The proposed Consent Stipulation and Competitive Impact BILLING CODE 7020–02–P Decree resolves the contribution claims Statement have been filed with the brought by ARCO/Lyondell and El Paso United States District Court for the against Settling Defendants and Settling Southern District of New York in United DEPARTMENT OF JUSTICE Defendants shall pay the United States States of America, State of Illinois, State $37,000 for response costs incurred by of New York, and Commonwealth of Notice of Lodging of Consent Decree the Environment Protection Agency at Massachusetts v. Marquee Holdings, Under the Comprehensive the Site and $369,000 to the Inc. and LCE Holdings, Inc., Civil Environmental Response, contribution plaintiffs. Action No. 05–10722. On December 22, Compensation, and Liability Act The Department of Justice will receive 2005, the United States filed a Notice is hereby given that on for a period of third (30) days from the Complaint alleging that the proposed December 30, 2005, a proposed Consent date of this publication comments merger of Marquee Holdings, Inc. and Decree in the lead case Lyondell relating to the Consent Decree. LCE Holdings, Inc. would violate Chemical Co., et al. v. Albemarle Corp. comments should be addressed to the Section 7 of the Clayton Act, 15 U.S.C. et al., Civil Action No. 01CV890, Assistant Attorney General, 18 by lessening competition for consolidated with United States v. EPEC Environment and Natural Resources theatrical exhibition of first-run films in five cities: Boston, MA, New York, NY, Polymers, Inc., 02CV003, and El Paso Division, P.O. Box 7611, U.S. Tennessee Pipeline Co., et al. v. Chevron Chicago, IL, Dallas, TX, and Seattle, Department of Justice, Washington, DC USA, Inc., et al., 03CV0225, was lodged WA. The proposed Final Judgment, filed 20044–7611, and should refer to United with the United States District Court for at the same time as the Complaint, the Eastern District of Texas. States v. EPEC Polymers, Inc., D.J. Ref. requires the defendants to divest first- This settlement relates to the Petro- 90–11–3–709/1. run, commercial theatres, along with Chemical Systems, Inc. Superfunded The Consent Decree may be examined certain tangible and intangible assets, in Site located in Liberty County, Texas at the Office of the United States those five cities in order to proceed with (‘‘the Site’’). On December 6, 2001, Attorney, Eastern District of Texas, 350 the proposed $4 billion transaction. A ARCO and Lyondell Chemical Company Magnolia Avenue, Suite 350, Beaumont, Competitive Impact Statement filed by (successor to ACC) (hereinafter ‘‘ARCO/ Texas 77657, and at U.S. EPA Region 6, the United States on December 22, 2005 Lyondell’’) sued a number of parties, 1445 Ross Avenue, Dallas, Texas 75202. describes the Complaint, the proposed including the Settling Defendants During the public comment period, the Final Judgment, the industry, and the (Celanese, Ltd. and CNA Holdings f/k/ Consent Decree, may also be examined remedies available to private litigants a Hoechst Celanese Corporation; Cook on the following Department of Justice who may have been injured by the Composites and Polymers Co.; E.R. Web site, http://www.usdoj.gov/enrd/ alleged violation. Carpenter, L.P., Successor in Interest to open.html. A copy of the Consent Copies of the Complaint, proposed Carpenter Chemical Company; Hercules Decree may also be obtained by mail Final Judgment and Competitive Impact Incorporated; Texaco, Inc., as Statement are available for inspection at from the Consent Decree Library, P.O. predecessor to Huntsman Petrochemical the Department of Justice in Box 7611, U.S. Department of Justice, Corporation; NL Industries, f/k/a Washington, DC in Room 200, 325 Washington, DC 20044–7611 or by National Lead Company; Rexene Seventh Street, NW., and at the Office Corporation, n/k/a Huntsman Polymers faxing or e-mailing a request to Tonia of the Clerk of the United States District Corporation; and Vacuum Tanks, Inc.) Fleetwood ([email protected]), Court for the Southern District of New to this Consent Decree, for cost recovery fax no. (202) 514–0097, phone York, New York, New York. Copies of and contribution under CERCLA confirmation number (202) 514–1547. In these materials may be obtained from Sections 107 and 113, 42 U.S.C. 9607 requesting a copy by mail, from the the Antitrust Division upon request and and 9613, on the grounds that these Consent Decree Library, please enclose payment of the copying fee set by parties were liable under CERCLA for a check in the amount of $8.75 (25 cents Department of Justice regulations. the remediation of the Site. On January per page reproduction cost) payable to Public comment is invited within 60 3, 2002, the United States filed a the U.S. Treasury. days of the date of this notice. Such complaint against EPEC Polymers, Inc. comments, and responses thereto, will Thomas A. Mariana, Jr., pursuant to CERCLA Section 107, 42 be published in the Federal Register U.S.C. 9607, seeking, inter alia: (1) Assistant Chief, Environmental, Enforcement and filed with the Court. Comments Reimbursement of response costs and Section, Environment and Natural Resources should be directed to John R. Read, (2) a declaratory judgment of liability for Division. Chief, Litigation III Section, Antitrust any future response costs incurred by [FR Doc. 06–509 Filed 1–19–06; 8:45 am] Division, United States Department of the United States at the Site. EPEC BILLING CODE 4410–15–M Justice, 325 7th Street, NW., Suite 300,

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Washington, DC 20530 (telephone: 202– 3. Venue in this District is proper Paramount, Twentieth Century Fox, 307–0468). At the conclusion of the under 15 U.S.C. 22 and 28 U.S.C. Universal, Disney, Warner Bros., sixty (60) day comment period, the U.S. § 1391(c). Dreamworks, Metro-Goldwyn-Meyer, District Court for the Southern District and Buena Vista. II. Defendants and the Proposed Merger of New York may enter the proposed 10. Distributors negotiate with consent decree upon finding that it 4. Defendant Marquee Holdings, Inc. exhibitors to exhibit films. Exhibitors serves the public interest. (‘‘Marquee’’) is a Delaware corporation compete to obtain films to show at their with its headquarters in Kansas City, theatres that they believe will result in J. Robert Kramer II, Missouri. It is the holding company of high ticket sales, and distributors Director of Operations, Antitrust Division. AMC Entertainment Inc. (‘‘AMC’’). AMC choose theatres to exhibit their films Complaint owns or operates 216 theatres based on the quality, location, and containing 3,300 screens at locations grossing potential of the theatres and the The United States of America, acting throughout the United States. particular terms offered by the under the direction of the Attorney 5. Defendant LCE Holdings, Inc. exhibitors. General of the United States, and the (‘‘LCE’’) is a Delaware corporation with 11. Distributors license movies by States of Illinois and New York, and the its headquarters in New York City, New ‘‘zones’’ that reflect specific local areas. Commonwealth of Massachusetts, acting York. It is the holding company of Typically, only one theatre within a through their Attorneys General, bring Loews Cineplex Entertainment zone will play a particular movie. There this civil antitrust action to prevent the Corporation (‘‘Loews’’). Loews owns or are two types of zones: ‘‘free zones’’ (or proposed merger of Marquee Holdings, operates 128 theatres containing 1,424 ‘‘non-competitive zones’’) and Inc. and LCE Holdings, Inc. If the screens at locations throughout the ‘‘competitive zones.’’ Free zones contain merger is permitted to proceed, it would United States. Loews operates theatres only a single theatre. Competitive zones combine the two leading, and in some under the Loews Theatres, Cineplex contain two or sometimes more theatres cases only, operators of first-run, Odeon, Star Theatres, and Magic competing for the exclusive license to commercial movie theatres in Chicago Johnson Theatres brands. exhibit a movie within the zone. North, Midtown Manhattan, downtown 6. On June 30, 2005, Marquee and 12. The terms of the agreement Seattle, downtown Boston, and north LCE entered into a merger agreement. pursuant to which distributors license Dallas. The merger would substantially Under the merger agreement, LCE films to exhibitors vary and are lessen competition and tend to create a would merge into Marquee and Loews individually negotiated. Each monopoly in the theatrical exhibition of will merge into AMC. The current agreement, however, typically specifies commercial, first-run movies in the shareholders of LCE would control 40% a formula pursuant to which box office above listed markets in violation of of the combined company’s outstanding revenues are divided between the section 7 of the Clayton Act, 15 U.S.C. common stock while the current exhibitor and the distributor. The 18. shareholders of Marquee would control agreements often provide that the 60% of the combined company’s I. Jurisdiction and Venue exhibitor will keep a certain dollar outstanding common stock. amount from the box office revenues to 1. This action is filed by the United III. Background of the Movie Industry compensate for ‘‘overhead,’’ as well as a specified percentage of what remains States pursuant to section 15 of the 7. Theatrical exhibition of feature after the overhead is deducted. Clayton Act, as amended, 15 U.S.C. 25, length motion picture films (‘‘movies’’) 13. Exhibitors set ticket prices for to obtain equitable relief to prevent a provides a major source of out-of-home each theatre based on a number of violation of section 7 of the Clayton Act, entertainment in the United States. factors, including the competitive as amended, 15 U.S.C. 18. The States of Although they vary, ticket prices for situation facing each theatre, the prices Illinois and New York, and the movies tend to be significantly less of nearby, comparable theatres, the Commonwealth of Massachusetts bring expensive than many other forms of out- number and type of amenities each this action under section 16 of the of-home entertainment, particularly live theatre offers, such as stadium seating, Clayton Act, 15 U.S.C. 26, to prevent the entertainment such as sporting events and the age of the theatre. defendants from violating section 7 of and live theatre. Movies have retained the Clayton Act, as amended, 15 U.S.C. their appeal as mass entertainment: IV. Relevant Market 18. Over 1.5 billion movie tickets were sold A. Product Market 2. Both defendants operate theatres in in the United States in 2004. Total box this District. The distribution and office revenue for 2004 exceeded $9.5 14. Movies are a unique form of exhibition of commercial, first-run films billion. entertainment. The experience of is a commercial activity that 8. ‘‘Exhibitors’’ are companies that viewing a movie in a theatre is an substantially affects, and is in the flow operate movie theatres. Some exhibitors inherently different experience from a of, interstate trade and commerce. The own a single theatre, whereas others live show, a sporting event, or viewing defendants purchase substantial own a circuit of theatres within one or a DVD or videotape of a movie in the quantities of equipment, services, and more regions of the United States. AMC home. Typically, viewing a DVD or supplies from sources located outside of and Loews are exhibitors and each videotape in the home lacks several New York. In particular, most of the operates one of the largest theatre characteristics of viewing movies in distributors from whom the defendants circuits in the United States. theatres, including the size of screen, license films are located outside of New 9. ‘‘Distributors’’ are companies that the sophistication of sound systems, and York. The defendants also acquire engage in the business of renting and the social experience of viewing a movie funding for their New York operations licensing movies to exhibitors. with other patrons. Ticket prices for from outside of New York. The Court Distributors arrange for the promotion movies are generally very different than has jurisdiction over the subject matter and marketing of films and contract prices for other forms of entertainment: of this action and jurisdiction over the with exhibitors to exhibit films at Live entertainment is typically parties pursuant to 15 U.S.C. 22, 25, and theatres throughout the country. significantly more expensive than a 26, and 28 U.S.C. 1331 and 1337. Established distributors include Sony, movie ticket, whereas renting a DVD or

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videotape is usually significantly older, slope floor theatres to view a assess some of the competitive effects of cheaper than viewing a first-run movie movie at a stadium seating theatre and this merger. AMC and Loews are the in a theatre. Because going to the movies are willing to pay more to view movies two largest exhibitors in Midtown is a different experience from other in stadium seating theatres. Exhibitors Manhattan. forms of entertainment and because also view stadium seating theatres as 24. Like movie-goers in Chicago North movie prices are significantly different superior to slope floor theatres. and Midtown Manhattan, most movie- from other forms of entertainment, small Exhibitors will often look to build new goers in downtown Seattle typically are but significant price increases for movie stadium seating theatres in areas where reluctant to travel significant distances tickets generally do not cause a only slope floor theatres, but no stadium out of downtown to attend a movie. A sufficient number of movie-goers to shift seating theatres, exist. Almost all new small but significant price increase for to other forms of entertainment to make theatres are stadium seating theatres. movie tickets in downtown Seattle the increase unprofitable. 19. From the perspective of would not cause a sufficient number of 15. A movie is considered to be in its distributors selecting locations at which movie-goers to travel out of downtown ‘‘first-run’’ during the initial weeks to exhibit their movies, there is no to make the increase unprofitable. following its release in a given locality. adequate substitute for theatres that Downtown Seattle constitutes a relevant If successful, a movie may be exhibited exhibit first-run, commercial films. geographic market in which to assess at other theatres after the first-run as Distributors seek to have their newly some of the competitive effects of this part of a second or subsequent run released movies exhibited widely in merger. AMC and Loews are the two (often called a sub-run). Tickets at high-quality theatres. A small but largest exhibitors in downtown Seattle. theatres exhibiting sub-run movies significant reduction in the rental fees 25. Most movie-goers in downtown usually cost significantly less than paid to distributors by exhibitors would Boston typically are reluctant to travel tickets at first-run theatres. Because the not cause the distributors to exhibit significant distances out of downtown films exhibited at sub-run theatres are their films in anything other than first- to attend a movie. A small but no longer new releases, most movie- run, commercial theatres. significant price increase for movie goers do not regard sub-run films as an 20. The relevant product market tickets in downtown Boston would not adequate substitute for first-run films within which to assess the competitive cause a sufficient number of movie- and would not switch to sub-run films effects of this merger is the exhibition of goers to travel out of the city to make if the price of first-run films was first-run, commercial films: From the the increase unprofitable. Downtown increased by a small but significant movie-goer’s perspective, the market is Boston constitutes a relevant geographic amount. first-run, commercial films and from the market in which to assess some of the 16. Commercial movies typically distributors’ perspective, the market is competitive effects of this merger. AMC appeal to different patrons than other first-run, commercial theatres in which and Loews are the only two exhibitors types of movies, such as art movies or to exhibit first-run, commercial films. in downtown Boston. foreign language movies. For example, B. Geographic Markets 26. Similarly, in north Dallas, most art films tend to appeal more movie-goers typically are reluctant to 21. Movie-goers typically do not want universally to mature audiences and art travel significant distances out of the to travel very far from their homes to film patrons tend to purchase fewer city to attend a movie. A small but attend a movie, particularly in urban concessions. Theatres that primarily significant price increase for movie areas. Accordingly, geographic markets exhibit art films often contain tickets in north Dallas would not cause for the exhibition of first-run, auditoriums with fewer seats than a sufficient number of movie-goers to commercial movies are predominantly theatres that primarily play commercial travel out of the city to make the local. films. Typically, art films are released increase unprofitable. North Dallas less widely than commercial films. 22. Most movie-goers in Chicago North typically are reluctant to travel constitutes a relevant geographic market Also, exhibitors consider art theatre in which to assess some of the operations as distinct from the significant distances out of that area to competitive effects of this merger. AMC operations of theatres that exhibit attend a movie. A small but significant and Loews are the two largest exhibitors commercial films. Because art movies price increase for movie tickets in Chicago North would not cause a in north Dallas. appeal to different patrons and are often 27. The exhibition of first-run films in exhibited in different types of theatres sufficient number of movie-goers to Chicago North, Midtown Manhattan, than commercial theatres, most movie- travel out of Chicago North to make the downtown Seattle, downtown Boston, goers do not regard art films as an increase unprofitable. Chicago North and north Dallas each constitutes a adequate substitute for commercial constitutes a relevant geographic market relevant market (i.e., a line of commerce films and would not switch to them if in which to assess some of the and a section of the country) within the the price of commercial films was competitive effects of this merger. AMC meaning of section 7 of the Clayton Act, increased by a small, but significant and Loews are the two largest exhibitors 15 U.S.C. 18. amount. in Chicago North. 17. Similarly, foreign language films 23. Most movie-goers attending V. Competitive Effects do not widely appeal to U.S. audiences. movies in Midtown Manhattan are As a result, movie-goers do not regard reluctant to travel to other parts of A. Chicago North foreign language films as adequate Manhattan or off the island of 28. In Chicago North, the proposed substitutes for commercial films and Manhattan to view a movie. A small but merger would give the newly merged would not switch to them if the price of significant price increase for movie entity control of all four major first-run, commercial films was increased by a tickets in Midtown Manhattan would commercial theatres with 55 screens small, but significant amount. not cause a sufficient number of movie- and a 2004 box office revenue of 18. Movie-goers prefer stadium goers to travel to other areas of approximately $24 million. AMC and seating theatres, in which each row of Manhattan or out of the borough to Loews each operate theatres in two seats is set on a tier that is higher than make the increase unprofitable. different zones in Chicago North. The the tier on which the row in front of it Midtown Manhattan constitutes a combined entity will control nearly is set. Movie-goers will often bypass relevant geographic market in which to 100% of the revenues from the two

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zones in Chicago North and overall control five of seven first-run, with existing theatres. Also, exhibitors would have a market share of commercial theatres with 78 screens and real estate developers often seek to approximately 100%. Using a measure and 2004 box office revenues of build new stadium theatres in of market concentration called the approximately $22 million. The conjunction with projects that contain Herfindahl-Hirschman Index (‘‘HHI’’), combined entity would have a market other retail establishments, such as explained in Appendix A, the merger share of approximately 78%. The shops and restaurants that will be would yield a post-merger HHI of merger would yield a post-merger HHI another draw for customers. As a result, approximately 10,000, representing an of roughly 6,393, representing an real estate developers often look at the increase of roughly 4,814. increase of around 2,976. customer demand for other retail in areas in which they consider locating a B. Midtown Manhattan F. Consumer Effects theatre, along with the customer 29. In Midtown Manhattan, the 33. The proposed merger would likely demand for a new theatre. proposed merger would give the newly lessen competition significantly in the 36. Entry by first-run, commercial merged entity control of the only first- relevant markets by further enhancing theatres in Chicago North is time- run, commercial stadium seating the ability of the remaining theatre consuming and difficult and is not theatres along with 71 total screens and circuits, particularly the AMC-Loews likely to reduce significantly the market 2004 box office revenue of circuit, to increase prices. strength of the combined entity in the approximately $54.6 million. The (a) AMC and Loews directly compete near future. Suitable, available sites are combined entity would have a market in all the relevant geographic markets. scarce, real estate and construction costs share of approximately 88%. The The prices their theatres charge are are among the highest in the nation, and merger would yield a post-merger HHI constrained by the prices charged by the acquiring the necessary permits and of roughly 7,779, representing an other; in particular, they are constrained approvals can be difficult and time- increase of around 3,633. In the Times by the risk that the other will not follow consuming. Identifying a site, planning Square zone, a zone in Midtown an attempted price increase. If AMC or the development, and constructing a Manhattan, AMC and Loews operate Loews were to increase prices and the theatre in Chicago North takes several theatres in the same zone. The other were not to follow, the firm that years. No new first-run, commercial combined entity would control 100% of increased price might suffer financially theatres with the capability to reduce the revenue from that film zone, the if a substantial number of its patrons significantly the newly merged entity’s highest grossing zone in the United decided that the increased price was market power are likely to open within States. unreasonable and opted to patronize the the next two years. other circuit. 37. In Manhattan, entry by first-run, C. Downtown Seattle (b) The proposed merger would commercial theatres, particularly in 30. In downtown Seattle, the eliminate this pricing constraint and is Midtown, is time-consuming and proposed merger would give the newly therefore likely to lead to higher prices difficult and is not likely to reduce merged entity control of all three first- for ticket buyers. significantly the market strength of the run, commercial theatres with 31 (c) These higher prices could take the combined entity in the near future. screens and a 2004 box office revenue form of a higher adult evening ticket Suitable, available sites are scarce, and of approximately $14.1 million. The price or reduced discounting, e.g., for real estate and construction costs are combined entity would control nearly matinees, children, seniors, and among the highest in the nation. 100% of the revenues from the zone in students. Identifying a site, planning the downtown Seattle and a market share of 34. The proposed merger would also development, and constructing a theatre 100%. The merger would yield a post- eliminate non-price competition in Midtown Manhattan takes several merger HHI of 10,000, representing an between AMC and Loews and is years. No new first-run, commercial increase of around 4,921. therefore likely to lead to lower quality theatres with the capability to reduce theatres for movie-goers. significantly the newly merged entity’s D. Downtown Boston (a) In order to persuade distributors to market power are likely to open within 31. In downtown Boston, the exhibit top films in their respective the next two years. proposed merger would give the newly theatres that share the same zones and, 38. Entry by first-run, commercial merged entity control of the only first- more importantly, to attract movie- theatres in downtown Seattle is time- run, commercial theatres with 32 goers, AMC and Loews strive to consuming and difficult and is not screens and a 2004 box office revenue maintain high quality theatres. likely to reduce significantly the market of approximately $20.8 million. The (b) The loss of each other’s theatres as strength of the combined entity in the combined entity would have a market competitors would reduce the incentive near future. Suitable, available sites are share of 100%. The merger would yield of AMC and Loews to maintain, scarce and acquiring the necessary a post-merger HHI of 10,000, upgrade, and renovate theatres and to permits and approvals for the representing an increase of improve amenities and services at construction of new theatres can be approximately 4,635. theatres in the relevant markets, thus difficult and time-consuming. No new reducing the quality of the viewing first-run, commercial theatres with the E. North Dallas experience for a movie-goer. capability to reduce significantly the 32. In north Dallas, the proposed newly merged entity’s market power are merger would give the newly merged VI. Entry likely to open within the next two years. entity control of three of the first-run, 35. Entry by first-run, commercial 39. Entry by first-run, commercial commercial theatres with stadium theatres is difficult in the relevant theatres in downtown Boston is time- seating, including the only two in north markets. Exhibitors are often reluctant consuming and difficult and is not central Dallas. It would control all three to locate new theatres near existing likely to reduce significantly the market commercial, first-run stadium seating stadium theatres. Those who typically strength of the combined entity in the theatres in north central Dallas once the build new theatres, exhibitors and real near future. Suitable, available sites are new AMC theatre opens in Spring 2006. estate developers, often seek to avoid scarce and necessary permits and Overall, the combined entity would building new theatres in the same zones approvals for the construction of new

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theatres can be difficult and time- Acting Assistant Attorney General, Antitrust approaches zero when a market consists consuming. No new first-run, Division. of a large number of firms of relatively commercial theatres with the capability J. Robert Kramer II (RK 3921), equal size. The HHI increases both as to reduce significantly the newly Director of Operations. the number of firms in the market merged entity’s market power are likely John R. Read (JR 8964), decreases and as the disparity in size to open within the next two years. Chief, Litigation III. between those firms increases. 40. Entry by first-run, commercial Markets in which the HHI is between Nina B. Hale (NH 7828), theatres in north Dallas is difficult and 1000 and 1800 points are considered to is not likely to reduce significantly the Assistant Chief, Litigation III. be moderately concentrated, and those market strength of the combined entity William H. Jones II (WJ 2563), in which the HHI is in excess of 1800 in the near future. Suitable, available Allen P. Grunes (AG 4775), points are considered to be sites are scarce in north central Dallas, Gregg I. Malawer (GM 6467), concentrated. Transactions that increase where the combined entity’s market Avery W. Gardiner (AG 2011), the HHI by more than 100 points in strength would be the strongest, and no Joan Hogan (JH 5666), concentrated markets presumptively new first-run, commercial theatres with Attorneys for the United States, United States raise antitrust concerns under the the capability to reduce significantly the Department of Justice, Antitrust Division, Merger Guidelines. See Merger newly merged entity’s market power are Litigation III, 325 7th Street, NW., Suite 300, Guidelines § 1.51. likely to open within the next two years. Washington, DC 20530. Final Judgment VII. Violation Alleged Bernard M. Hollander (BH 0818), Senior Trial Attorney. Whereas, plaintiffs, United States of 41. The United States and plaintiff America, the State of Illinois, the State For Plaintiff State of New York states hereby reincorporate 1 through of New York, and the Commonwealth of 40. Eliot Spitzer, Massachusetts filed their Complaint on 42. On June 30, 2005, Marquee and Attorney General. December 22, 2005, plaintiffs and LCE entered into a merger agreement. By: Jay L. Himes (JH 7714), defendants, Marquee Holdings, Inc. Under the merger agreement, LCE Chief, Antitrust Bureau. (‘‘AMC’’) and LCE Holdings, Inc. intends to merge into Marquee and Richard E. Grimm (RG 6891), (‘‘Loews’’), by their respective attorneys, Loews intends to merge into AMC. have consented to the entry of this Final 43. The effect of the proposed merger Assistant Attorney General, Antitrust Bureau, Office of the Attorney General, 120 Judgment without trial or adjudication would be to lessen competition of any issue of fact or law, and without substantially in interstate trade and Broadway, Room 26C62, New York, New York 10271–0332. Tel: (212) 416–8282, (212) this Final Judgment constituting any commerce for first-run, commercial 416–8280. Fax: (212) 416–6015. evidence against or admission by any theatres in which to exhibit first-run, party regarding any issue of fact or law; commercial films in Chicago North, For Plaintiff State of Illinois Lisa Madigan, And Whereas, defendants agree to be Midtown Manhattan, downtown Seattle, bound by the provisions of this Final Attorney General. downtown Boston, and north Dallas in Judgment pending its approval by the violation of section 7 of the Clayton Act, By: Robert W. Pratt (RP 7924), Court; 15 U.S.C. 18. Chief, Antitrust Bureau, Office of the And Whereas, the essence of this 44. The transaction would likely have Attorney General, State of Illinois, 100 West Final Judgment is the prompt and the following effects, among others: Randolph Street, 13th Floor, Chicago, Illinois (a) Competition for first-run, 60601. (312) 814–3722. certain divestiture[s] of certain rights or commercial theatres in which to exhibit assets by the defendants to assure that Kavita Puri, competition is not substantially first-run, commercial films in numerous Assistant Attorney General, of Counsel. geographic markets would be eliminated lessened; For Plaintiff State of Massachusetts or substantially lessened; and And Whereas, plaintiffs require (b) Prices for first-run, commercial Thomas F. Reilly, defendants to make certain film tickets would likely increase to Attorney General. divestiture[s] for the purpose of levels above those that would prevail By: Mary Freely (MF 1359), remedying the loss of competition alleged in the Complaint; absent the merger. Jeffrey Shapiro (JS 5521), And Whereas, defendants have VIII. Requested Relief Assistant Attorney General, Office of the Attorney General of Massachusetts, One represented to the United States that the 45. The plaintiffs request: (a) Ashburton Place, 19th Floor, Boston, MA divestiture[s] required below can and Adjudication that the proposed merger 02108. (617) 727–2200 ext. 2985. will be made and that defendants will would violate section 7 of the Clayton later raise no claim of hardship or Act; (b) permanent injunctive relief to Exhibit A; Definition of HHI and difficulty as grounds for asking the prevent the consummation of the Calculations for Market Court to modify any of the divestiture proposed merger and to prevent the ‘‘HHI’’ means the Herfindahl- provisions contained below; defendants from entering into or Hirschman Index, a commonly accepted Now Therefore, before any testimony carrying out any agreement, measure of market concentration. It is is taken, without trial or adjudication of understanding or plan, the effect of calculated by squaring the market share any issue of fact or law, and upon which would be to combine the of each firm competing in the market consent of the parties, it is Ordered, businesses or assets of defendants; (c) an and then summing the resulting Adjudged and Decreed: award of each plaintiff of its costs in numbers. For example, for a market I. Jurisdiction this action; and (d) such other relief as consisting of four firms with shares of is proper. thirty, thirty, twenty and twenty This Court has jurisdiction over the percent, the HHI is 2600 (302 + 302 + 202 subject matter of and each of the parties For Plaintiff United States of America + 202 = 2600). The HHI takes into to this action. The Complaint states a Dated: December 20, 2005. account the relative size and claim upon which relief may be granted Thomas O. Barnett (TB 1317), distribution of the firms in a market and against defendants under section 7 of

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the Clayton Act, as amended (15 U.S.C. customer lists, contracts, accounts, and B. In accomplishing the divestiture[s] 18). credit records; all repair and ordered by this Final Judgment, performance records and all other defendants promptly shall make known, II. Definitions records relating to the Theater Assets; by usual and customary means, the As used in this Final Judgment: 2. All intangible assets used in the availability of the Theatre Assets. A. ‘‘Acquirer’’ or ‘‘Acquirers’’ means development, production, servicing and Defendants shall inform any person the entity or entities to whom sale of Theatre Assets, including, but making inquiry regarding a possible defendants divest the Theatre Assets. not limited to all licenses and purchase of the Theatre Assets that they B. ‘‘AMC’’ means defendant Marquee sublicenses, intellectual property, are being divested pursuant to this Final Holdings, Inc., a Delaware corporation technical information, computer Judgment and provide that person with with its headquarters in Kansas City, software (except defendants’ proprietary a copy of this Final Judgment. Missouri, its successors and assigns, and software) and related documentation, Defendants shall offer to furnish to all its subsidiaries, divisions, groups, know-how, drawings, blueprints, prospective Acquirers, subject to affiliates, partnerships and joint designs, specifications for materials, customary confidentiality assurances, ventures, and their directors, officers, specifications for parts and devices, all information and documents relating managers, agents, and employees. quality assurance and control to the Theater Assets customarily C. ‘‘Loews’’ means defendant LCE procedures, all technical manuals and provided in a due diligence process Holdings, Inc., a Delaware corporation information defendants provide to their except such information or documents with its headquarters in New York City, own employees, customers, suppliers, subject to the attorney-client or work- New York, its successors and assigns, agents or licensees, and all research data product privileges. Defendants shall and its subsidiaries, divisions, groups, relating to the Theatre Assets. Provided make available such information to the affiliates, partnerships and joint however, that this term does not include United States at the same time that such ventures, and their directors, officers, (a) any right to use or interest in information is made available to any managers, agents, and employees. defendants’ copyrights, trademarks, other person. D. ‘‘Landlord Consent’’ means any trade names, service marks or service C. Defendants shall provide the contractual approval or consent that the names, or (b) assets that the defendants Acquirer[s] and the United States landlord or owner of one or more of the do not own and are not legally able to information relating to the personnel Theatre Assets, or the property on transfer. involved in the operation of the Theatre Assets to enable the Acquirer[s] to make which one or more of the Theatre Assets III. Applicability is situated, must grant prior to the offers of employment. Defendants will transfer of one of the Theatre Assets to A. This Final Judgment applies to not interfere with any negotiations by an Acquirer. AMC and Loews, as defined above, and the Acquirer[s] to employ any defendant E. ‘‘Theatre Assets’’ means the first- all other persons in active concert or employee whose primary responsibility run, commercial motion picture theatre participation with any of them who is the operation of the Theater Assets. businesses operated by AMC or Loews, receive actual notice of this Final D. Defendants shall permit under the following names and at the Judgment by personal service or prospective Acquirers of the Theatre following locations: otherwise. Assets to have reasonable access to B. Defendants shall require, as a personnel and to make inspections of Theatre name Theatre address condition of the sale or other the physical facilities of the Theater disposition of all or substantially all of Assets; access to any and all i. City North 14 ...... 2600 N. Western their assets or of lesser business units environmental, zoning, and other permit Ave. Chicago, IL. that include the Theatre Assets, that the documents and information; and access ii. Webster Place 11 .. 1471 W. Webster Av- purchaser agrees to be bound by the to any and all financial, operational, or enue Chicago, IL. provisions of this Final Judgment, other documents and information iii. E-Walk 13 ...... 247 W. 42nd St. New provided, however, that defendants customarily provided as part of a due York, NY. iv. Meridian 16 ...... 1501 7th Ave. Se- need not obtain such an agreement from diligence process. attle, WA. the Acquirer[s]. E. Defendants shall warrant to all Acquirers of the Theatre Assets that v. Fenway 13 ...... 201 Brookline Ave. IV. Divestitures Boston, MA. each asset will be operated on the date vi. Keystone Park 16 13933 N. Central Ex- A. Defendants are ordered and of sale. pressway Dallas, directed, within 120 calendar days after F. Defendants shall not take any TX. the filing of the Complaint in this action that will impede in any way the matter, of five (5) days after notice of the permitting, operation, or divestiture[s] The term ‘‘Theatre Assets’’ includes: entry of this Final Judgment by the of the Theatre Assets. 1. All tangible assets that comprise Court, whichever is later, to divest the G. At the option of the Acquirer[s], the first-run, commercial motion picture Theatre Assets in a manner consistent defendants shall enter into an agreement theatre business including all with this Final Judgment to an Acquirer for products and services, such as equipment, fixed assets and fixtures, acceptable to the United States in its computer support services, that are personal property, inventory, office sole discretion after consultation with reasonably necessary for the Acquirer[s] furniture, materials, supplies, and other the State of Illinois, State of New York, to effectively operate the Theatre Assets tangible property and all assets used in and Commonwealth of Massachusetts, during a transition period. The terms connection with the Theatre Assets; all as appropriate. The United States, in its and conditions of any contractual licenses, permits and authorizations sole discretion, may agree to one or arrangements meant to satisfy this issued by any governmental more extensions of this time period not provision must be commercially organization relating to the Theatre to exceed 60 days in total, and shall reasonable for those products and Assets; all contracts, agreements, leases, notify the Court in such circumstances, services for which the agreement is commitments, certifications, and Defendants agree to use their best efforts entered and shall remain in effect for no understandings, relating to the Theatre to divest the Theatre Assets as more than three months, absent Assets, including supply agreements; all expeditiously as possible. approval of the United States, in its sole

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discretion, after consultation with the trustee selected by the United States and business as the trustee may reasonably State of Illinois, State of New York, and approved by the Court to effect the request, subject to reasonable protection Commonwealth of Massachusetts, as divestiture[s] of the Theatre Assets. for trade secret or other confidential appropriate. B. After the appointment of a trustee research, development, or commercial H. Defendants shall warrant to the becomes effective, only the trustee shall information. Defendants shall take no Acquirer[s] of the Theatre Assets that have the right to sell the Theatre Assets. action to interfere with or to impede the there are no material defects in the The trustee shall have the power and trustee’s accomplishment of the environmental, zoning or other permits authority to accomplish the divestiture[s]. pertaining to the operation of each asset, divestiture[s] to an Acquirer[s] F. After its appointment, the trustee and that following the sale of the acceptable to the United States (after shall file monthly reports with the Theatre Assets, defendants will not consultation with the State of Illinois, parties and the Court setting forth the undertake, directly or indirectly, any State of New York, and Commonwealth trustee’s efforts to accomplish the challenges to the environmental, zoning, of Massachusetts, as appropriate) at divestiture[s] ordered under this Final or other permits relating to the such price and on such terms as are Judgment. To the extent such reports operation of the Theatre Assets. then obtainable upon reasonable effort contain information that the trustee I. Unless the United States otherwise by the trustee, subject to the provision deems confidential, such reports shall consents in writing, the divestiture[s] of section, IV, V, VI, and VII of this Final not be filed in the public docket of the pursuant to section IV, or by trustee Judgment, and shall have such other Court. Such reports shall include the appointed pursuant to section V, of this powers as this Court deems appropriate. name, address, and telephone number of Final Judgment, shall include the entire Subject to section V(D) of this Final each person who, during the preceding Theatre Assets, and shall be Judgment, the trustee may hire at the month, made an offer to acquire, accomplished in such a way as to satisfy cost and expense of defendants any expressed an interest in acquiring, the United States, in its sole discretion investment bankers, attorneys, or other entered into negotiations to acquire, or (after consultation with the State of agents, who shall be solely accountable was contacted or made an inquiry about Illinois, State of New York, and to the trustee, reasonably necessary in acquiring, any interest in the Theatre Commonwealth of Massachusetts, as the trustee’s judgment to assist in the Assets, and shall describe in detail each appropriate) that the Theatre Assets can divestiture[s]. contact with any such person. The and will be used by the Acquirer[s] as C. Defendants shall not object to a sale trustee shall maintain full records of all part of a viable, ongoing business of by the trustee on any ground other than efforts made to divest the Theatre first-run, commercial motion picture the trustee’s malfeasance. Any such Assets. theatres. Divestiture[s] of the Theatre objections by defendants must be G. If the trustee has not accomplished Assets may be made to one or more conveyed in writing to the United States such divestiture[s] within six months Acquirers, provided that in each and the trustee within ten (10) calendar after its appointment, the trustee shall instance it is demonstrated to the sole days after the trustee has provided the promptly file with the Court a report satisfaction of the United States that the notice required under section VII. setting forth (1) the trustee’s efforts to Theatre Assets will remain viable and D. The trustee shall serve at the cost accomplish the required divestiture[s], the divestiture[s] of such assets will and expense of defendants, on such (2) the reasons, in the trustee’s remedy the competitive harm alleged in terms and conditions as the Court judgment, why the required the Complaint. The divestiture[s], approves, and shall account for all divestiture[s] has not been whether pursuant to section IV or monies derived from the sale of the accomplished, and (3) the trustee’s section V of this Final Judgment, assets sold by the trustee and all costs recommendations. To the extent such and expenses so incurred. After reports contain information that the (1) shall be made to an Acquirer (or approval by the Court of the trustee’s Acquirers) that, in the United State’s sole trustee deems confidential, such reports judgment (after consultation with the State of accounting, including fees for its shall not be filed in the public docket Illinois, State of New York, and services and those of any professionals of the Court. The trustee shall at the Commonwealth of Massachusetts, as and agents retained by the trustee, all same time furnish such report to the appropriate), has the intent and capability remaining money shall be paid to United States and, as appropriate, the (including the necessary managerial, defendants and the trust shall then be State of Illinois, State of New York, and operational, technical and financial terminated. The compensation of the Commonwealth of Massachusetts who capability) of competing effectively in the trustee and any professionals and agents shall have the right to make additional business of first-run, commercial motion retained by the trustee shall be picture theatres; and recommendations consistent with the (2) shall be accomplished so as to satisfy reasonable in light of the value of the purpose of the trust. The Court the United States, in its sole discretion (after Theatre Assets and based on a fee thereafter shall enter such orders as it consultation with the State of Illinois, State arrangement providing the trustee with shall deem appropriate to carry out the of New York, and Commonwealth of an incentive based on the price and purposes of the Final Judgment, which Massachusetts, as appropriate), that none of terms of the divestiture[s] and the speed may, if necessary, include extending the the terms of any agreement between an with which it is accomplished, but trust and the term of the trustee’s Acquirer (or Acquirers) and defendants give timeliness is paramount. appointment by a period requested by defendants the ability unreasonably to raise E. Defendants shall use their best the Acquirer’s costs, to lower the Acquirer’s the United States. efforts to assist the trustee in efficiency, or otherwise to interfere in the VI. Landlord Consent ability of the Acquirer to compete effectively. accomplishing the required divestiture[s]. The trustee and any A. If defendants are unable to effect V. Appointment of Trustee consultants, accountants, attorneys, and the divestiture[s] required herein due to A. If defendants have not divested the other persons retained by the trustee the inability to obtain the Landlord Theatre Assets within the time period shall have full and complete access to Consent for any of the Theatre Assets, specified in section IV(A), defendants the personnel, books, records, and defendants shall divest alternative shall notify the United States of that fact facilities of the business to be divested, Theatre Assets that complete effectively in writing. Upon application of the and defendants shall develop financial with the theatre for which Landlord United States, the Court shall appoint a and other information relevant to such Consent was not obtained. The United

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States shall in its sole discretion (after Theatre Assets, together with full details Each such affidavit shall include the consultation with the State of Illinois, of the same. name, address, and telephone number of State of New York, and Commonwealth B. Within fifteen (15) calendar days of each person who, during the preceding of Massachusetts, as appropriate), receipt by the United States of such thirty days, made an offer to acquire, determine whether such theatre notice, the United States may request expressed an interest in acquiring, competes effectively with the theatre for from defendants, the proposed Acquirer entered into negotiations to acquire, or which landlord consent was not or Acquirers, any other third party, or was contacted or made an inquiry about obtained. the trustee if applicable additional acquiring, any interest in the Theatre B. Within five (5) business days information concerning the proposed Assets, and shall describe in detail each following a determination that Landlord divestiture[s], the proposed Acquirer or contact with any such person during Consent cannot be obtained for one of Acquirers, and any other potential that period. Each such affidavit shall the Theatre Assets, defendants shall Acquirer. Defendants and the trustee also include a description of the efforts notify the United States and propose an shall furnish any additional information defendants have taken to solicit buyers alternative divestiture pursuant to requested within fifteen (15) calendar for the Theatre Assets, and to provide section VI(A). The United States shall days of the receipt of the request, unless required information to prospective have then ten (10) business days in the parties shall otherwise agree. purchasers, including the limitations, if which to determine whether such C. Within thirty (30) calendar days any, on such information. Assuming the theatre is a suitable alternative pursuant after receipt of the notice or within information set forth in the affidavit is to section VI(A). If the defendants’ twenty (20) calendar days after the true and complete, any objection by the selection is deemed not to be a suitable United States has been provided the United States to information provided alternative, the United States shall in its additional information requested from by defendants, including limitation on sole discretion select the theatre to be defendants, the proposed Acquirer or information, shall be made within divested (after consultation with the Acquirers, any third party, and the fourteen (14) days of receipt of such State of Illinois, State of New York, and trustee, whichever is later, the United affidavit. Commonwealth of Massachusetts, as States shall provide written notice to B. Within twenty (20) calendar days appropriate). defendants and the trustee, if there is of the filing of the Complaint in this matter, defendants shall deliver to the C. If the trustee is responsible for one, stating whether or not it objects to United States an affidavit that describes effecting the divestiture[s], it shall the proposed divestiture[s]. If the United States provides written notice in reasonable detail all actions notify both the United States and the defendants have taken and all steps defendants within five (5) business days that it does not object, the divestiture[s] may be consummated, subject only to defendants have implemented on an following a determination that Landlord ongoing basis to comply with section IX Consent can not be obtained for one of defendants’ limited right to object to the sale under section V(C) of this Final of this Final Judgment. Defendants shall the Theatre Assets. Defendants shall deliver to the United States an affidavit thereafter have five (5) business days to Judgment. Absent written notice that the United States does not object to the describing any changes to the efforts propose an alternative divestiture and actions outlined in defendants’ pursuant to section VI(a). The United proposed Acquirer[s] or upon objection by the United States, the divestiture[s] earlier affidavits filed pursuant to this States shall have then ten (10) business section within fifteen (15) days after the days in which to determine whether proposed under section IV or section V shall not be consummated. Upon change is implemented. such theatre is suitable alternative C. Defendants shall keep all records of pursuant to section VI(a). If the objection by defendants under section V(C), the divestiture[s] proposed under all efforts made to preserve and divest defendants’ selection is deemed not to the Theatre Assets until one year after be a suitable competitive alternative, the section V shall not be consummated unless approved by the Court. such divestiture[s] has/have been United States shall in its sole discretion completed. select the theatre to be divested (after VIII. Financing XI. Compliance Inspection consultation with the State of Illinois, Defendants shall not finance all or State of New York, and Commonwealth any part of any purchase to section IV A. For the purposes of determining or of Massachusetts, as appropriate). or V of this Final Judgment. securing compliance with this Final Judgment, or of determining whether VII. Notice of Proposed Divestitures IX. Hold Separate the Final Judgment should be modified A. Within two (2) business days Until the divestiture[s] required by or vacated, and subject to any legally following execution of a definitive this Final Judgment has been recognized privilege, from time to time divestiture agreement, defendants or the accomplished defendants shall take all duly authorized representatives of the trustee, whichever is then responsible steps necessary to comply with the Hold United States Department of Justice, the for effecting the divestiture[s] required Separate Stipulation and Order entered State of Illinois, State of New York, or herein, shall notify the United States by this Court. Defendants shall take no Commonwealth of Massachusetts, and, as appropriate, the State of Illinois, action that would jeopardize the including consultants and other persons State of New York, and Commonwealth divestiture[s] ordered by this Court. retained by either of them, shall, upon of Massachusetts of any proposed written request of a duly authorized divestiture[s] required by sections IV or X. Affidavits representative of the Assistant Attorney V of this Final Judgment. If the trustee A. Within twenty (20) calendar days General in charge of Antitrust Division, is responsible, it shall similarly notify of the filing of the Complaint in this the Attorney General for Illinois, defendants. The notice shall set forth matter, and every thirty (30) calendar Attorney General for New York, or the details of the proposed divestiture[s] days thereafter until the divestiture[s] Attorney General for Massachusetts, and and list the name, address, and has/have been completed under section on reasonable notice to defendants, be telephone number of each person not IV or V, defendants shall deliver to the permitted. previously identified who offered or United States an affidavit as to the fact (1) Access during defendants’ office hours expressed an interest in or desire to and manner of its compliance with to inspect and copy, or at plantiff’s option, acquire any ownership interest in the section IV or V of this Final Judgment. to require defendants provide copies of, all

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books, ledgers, accounts, records and Illinois; New York County, New York construe this Final Judgment, to modify documents in the possession, custody, or (Manhattan); King County, Washington; any of its provisions, to enforce control of defendants, relating to any matters Suffolk County, Massachusetts; and compliance, and to punish violations of contained in this Final Judgment; and Dallas County, Texas during a 10-year its provisions. (2) To interview, either informally or on period. This notification requirement the record, defendants’ officers, employees, XV. Expiration of Final Judgment or agents, who may have their individual shall apply only to the acquisition of counsel present, regarding such matters. The any assets or any interest in the business Unless this Court grants an extension, interviews shall be subject to the reasonable of first-run, commercial motion picture this Final Judgment shall expire ten convenience of the interviewee and without theatres at the time of the acquisition years from the date of its entry. restraint or interference by defendants. and shall not be construed to require XVI. Public Interest Determination B. Upon the written request of a duly notification of acquisition of interest in Entry of this Final Judgment is in the authorized representative of the new theatre developments or of assets public interest. Assistant Attorney General in charge of not being operated as first-run the Antitrust Division, the Attorney commercial motion picture theatre Date: lllll General of Illinois, Attorney General for businesses, provided, that this Court approval subject to procedures of notification requirement shall apply to New York, or Attorney General for Antitrust Procedures and Penalties Act, first-run, commercial theatres under Massachusetts, defendants shall submit 15 U.S.C. 16. construction at the time of the entering written reports, under oath if requested, of this Final Judgment. Respectfully submitted, relating to any of the matters contained Such notification shall be provided to lllllllllllllllllll in this Final Judgment as may be the United States in the same format as, United States District Judge. requested. and per the instructions relating to the C. No information or documents Notification and Report Form set forth For Plaintiff United States of America obtained by the means provided in this in the Appendix to part 803 of Title 16 Dated: December 20, 2005. section shall be divulged by the United of the Code of Federal Regulations as William H. Jones II (WJ 2563), States, the State of Illinois, State of New amended, except that the information Allen P. Grunes (AG 475), York, or Commonwealth of requested in Items 5 through 9 of the Massachusetts, to any person other than Gregg I. Malawer (GM 6467), instructions must be provided only Avery W. Gardiner (AG 2011), an authorized representative of the about first-run, commercial theatres. Joan Hogan (JH 5666), executive branch of the United States, or Notification shall be provided at least of each state government, except in the thirty (30) days prior to acquiring any Attorneys. course of legal proceedings to which at such interest, and shall include, beyond Bernard M. Hollander (BH 0818), least one of the plaintiffs is a party what may be required by the applicable Senior Trial Attorney, U.S. Department of (including grand jury proceedings), or instructions, the names of the principal Justice, Antitrust Division, Litigation III for the purpose of securing compliance representatives of the parties to the Section, 325 Seventh Street, NW., Suite 300, with this Final Judgment, or as agreement who negotiated the Washington, DC 20530. Tel: (202) 514–0230. Fax: (202) 307–9952. otherwise required by law. agreement, and any management or D. If at the time information or strategic plans discussing the proposed For Plaintiff State of New York documents are furnished by defendants transaction. If within the 30-day period Eliot Spitzer, to the plaintiffs, defendants represent after notification, representatives of Attorney General. and identify in writing the material in require make a written request for By: Jay L. Himes (JH 7714), any such information or documents to additional information, defendants shall Chief, Antitrust Bureau. which a claim of protection may be not consummate the proposed Richard E. Grimm (RG 6891), asserted under Rule 26(c)(7) of the transaction or agreement until twenty Federal Rules of Civil Procedure, and (20) days after submitting all such Assistant Attorney General, Antitrust Bureau, defendants mark each pertinent page of Office of the Attorney General, 120 additional information. Early Broadway, room 26C62, New York, New York such material, ‘‘Subject to claim of termination of the waiting periods in protection under Rule 26(c)(7) of the 10271–0332. Tel: (212) 416–8282, (212) 416– this paragraph may be requested and, 8280. Fax: (212) 416–6015. Federal Rules of Civil Procedure,’’ then where appropriate, granted in the same For Plaintiff State of Illinois the plaintiffs shall give defendants ten manner as is applicable under the (10) calendar days notice prior to requirements and provisions of the HSR Lisa Madigan, divulging such material in any legal Act and rules promulgated thereunder. Attorney General. proceeding (other than a grand jury This section shall be broadly construed By: Robert W. Pratt (RP 7924), proceeding). and any ambiguity or uncertainly Chief, Antitrust Bureau, Office of the XII. Notification regarding the filing of notice under this Attorney General, State of Illinois, 100 West Section shall be resolved in favor of Randolph Street, 13th Floor, Chicago, Illinois Unless such transaction is otherwise filing notice. 60601. (312) 814–3722. subject to the reporting and waiting Kavita Puri, XIII. No Reacquisition period requirements of the Hart-Scott- Assistant Attorney General, of Counsel. Rodino Antitrust Improvements Act of Defendants may not reacquire any For Plaintiff Comonwealth of Massachusetts 1976, as amended, 15 U.S.C. 18a (the part of the Theatre Assets during the ‘‘HSR Act’’), defendants, without term of this Final Judgment. Thomas F. Reilly, providing advance notification to the Attorney General. United States, shall not directly or XIV. Retention of Jurisdiction By: Jeffrey S. Shapiro (JS 5521), indirectly acquire any assets of or any This Court retains jurisdiction to Mary B. Freeley (MF 1359), interest, including any financial, enable any party to this Final Judgment Assistant Attorney General, Office of the security, loan, equity or management to apply to this Court at any time for Attorney General, Commonwealth of interest, in the business of first-run, further orders and directions as may be Massachusetts, One Ashburton Place, Boston, commercial theatres in Cook County, necessary or appropriate to carry out or MA 02108. (617) 727–2200.

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For Defendant AMC The prayer for relief seeks: (a) An II. The Alleged Violations adjudication that the proposed merger Ilene K. Gotts, A. The Defendants Damian Didden, described in the Complaint would Marquee Holdings, Inc. is a Delaware Wachell, Lipton, Rosen & Katz, violate section 7 of the Clayton Act; (b) permanent injunctive relief preventing corporation with its headquarters in 51 West 52nd Street, New York, NY 10019, Kansas City, Missouri. It is the holding Tel: (212) 403–1113. Fax: (212) 403–2113. the consummation of the transaction; (c) an award to each plaintiff of the costs company of AMC Entertainment Inc. For Defendant Loews of this action; and (d) such other relief AMC owns or operates 216 theatres Deborah L. Feinstein, as is proper. containing 3,300 screens at locations Arnold & Porter, Shortly before this suit was filed, a throughout the United States. AMC had 555 Twelfth Street, NW., Washington, DC proposed settlement was reached that revenues of approximately $1.8 billion 20004. Tel: (202) 942–5015. Fax: (202) 942– permits AMC to complete its merger during 2004. JP Morgan Partners and 5999. with Loews, yet preserves competition Apollo Management LP are the William H. Jones II (WJ 2563), in the markets in which the transactions controlling shareholders of AMC. United States Department of Justice, would raise significant competitive LCE Holdings, Inc. is a Delaware Antitrust Division, 325 7th Street, NW., Suite concerns. A Stipulation and proposed corporation with its headquarters in 300, Washington, DC 20530. (202) 514–0230. Final Judgment embodying the New York City, New York. It is the Attorney for Plaintiff United States of settlement were filed at the same time holding company of Loews Cineplex America. the Complaint was filed. Entertainment Corporation. Loews owns Competitive Impact Statement The proposed Final Judgment, which or operates 128 theatres containing is explained more fully below, requires 1,424 screens at locations throughout Plaintiff, the United States of the United States. Loews operates America, pursuant to section 2(b) of the AMC and Loews to divest one theatre to acquirers acceptable to the United States theatres under the Loews Theatres, Antitrust Procedures and Penalties Act Cineplex Odeon, Star Theatres, and (‘‘APPA’’), 15 U.S.C. 16(b)–(h), files this in each of the listed markets, except Chicago, where it orders AMC and Magic Johnson Theatres brands. Loews Competitive Impact Statement relating had revenues of approximately $1 to the proposed Final Judgment Loews to divest two theatres. Unless the United States grants a time extension, billion during 2004. Bain Capital submitted for entry in this civil antitrust Partners, Carlyle Group, and Spectrum proceeding. the divestitures must be completed within sixty (60) calendar days after the Equity Investors are the controlling I. Nature and Purpose of the Proceeding filing of the Complaint in this matter or shareholders of Loews. Plaintiffs the United States, the State five (5) days after notice of the entry of B. Description of the Events Giving Rise of Illinois, the State of New York, and this Final Judgment by the Court, to the Alleged Violations the Commonwealth of Massachusetts whichever is later. On June 30, 2005, Marquee and LCE filed a civil antitrust Complaint on If the divestitures are not completed entered into a merger agreement. Under December l, 2005, alleging that a within the divestiture period, the Court, the merger agreement, LCE would merge proposed merger of Marquee Holdings, upon application of the United States, is into Marquee and Loews would merge Inc. (‘‘AMC’’) and LCE Holdings, Inc. to appoint a trustee selected by the into AMC. The current shareholders of (‘‘Loews’’) would violate section 7 of the United States to sell the assets. The LCE would control 40% of the Clayton Act, 15 U.S.C 18. The proposed Final Judgment also requires combined company’s outstanding Complaint alleges that AMC and Loews that, until the divestitures mandated by common stock while the current both operate motion picture theatres the Final Judgment have been shareholders of Marquee would control throughout the United States, and that accomplished, the defendants must 60% of the combined company’s they each operate first-run, commercial maintain and operate the six theatres to outstanding common stock. The merger motion picture theatres in Chicago be divested as active competitors, is a $4.1 billion transaction. North, Midtown Manhattan, downtown maintain the management, staffing, AMC and Loews compete in the Seattle, downtown Boston, and north sales, and marketing of the theatres, and theatrical exhibition of first-run, Dallas. The merger would combine the maintain the theatres in operable commercial films in Chicago North, two leading theatre circuits in the above condition at current capacity Midtown Manhattan, downtown Seattle, listed markets and give the newly configurations. Further, the proposed downtown Boston, and north Dallas; merged firm a dominant position in Final Judgment requires defendants to they compete to attract movie-goers to those localities: In Chicago North the give the United States prior notice their theatres and the exclusive right to newly merged firm would have a 100% regarding future motion picture theatre show films in Chicago North, Midtown market share (by revenue); in Midtown acquisitions in Cook County, Illinois; Manhattan, and downtown Seattle. The Manhattan, the newly merged firm New York County, New York proposed merger, and the threatened would have a 88% market share (by (Manhattan); King County, Washington; loss of competition that would be revenue); in downtown Seattle the Suffolk County, Massachusetts; and caused by it, precipitated the newly merged firm would have a 100% Dallas County, Texas. government’s suit. market share (by revenue); in downtown The plaintiffs and the defendants Boston, the newly merged firm would have stipulated that the proposed Final C. Anticompetitive Consequences of the have a 100% market share (by revenue); Judgment may be entered after Proposed Transaction and in north Dallas the newly merged compliance with the APPA. Entry of the The Complaint alleges that the firm would have a 78% market share (by proposed Final Judgment would theatrical exhibition of first-run, revenue). As a result, the combination terminate this action, except that the commercial films in Chicago North, would substantially lessen competition Court would retain jurisdiction to Midtown Manhattan, downtown Seattle, and tend to create a monopoly in the construe, modify, or enforce the downtown Boston, and north Dallas markets for theatrical exhibition of first- provisions of the proposed Final each constitutes a line of commerce and run, commercial films in the above Judgment and to punish violations section of the country, or relevant listed local markets. thereof. market, for antitrust purposes. First-run,

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commercial films differ significantly share position of approximately 88% of each other for exclusive licenses to from other forms of entertainment. The box office revenues. Prior to the merger, exhibit movies into zones in which experience of viewing a film in a theatre Loews had the highest market share in there would be little or no such is an inherently different experience Midtown Manhattan, with 54% of box competition. In the Times Square zone from a live show, a sporting event, or office revenues. In downtown Seattle, in Midtown Manhattan, the merged firm viewing a DVD or videotape in the the merged firm would control all three would control all of the first-run, home. Ticket prices for first-run, first-run, commercial theatres and with commercial theatres. Similarly, the commercial films are also generally very a market share position of 100% of box merged firm would control all three different than for other forms of office revenues. Prior to the merger, first-run, commercial theatres in the entertainment. A small but significant AMC had the highest market share in film zone in downtown Seattle. In increase in the price of tickets for first- downtown Seattle, with approximately Chicago, the merged firm would control run films would not cause a sufficient 56% of box office revenues. In two adjacent film zones as a result of the shift to other forms of entertainment so downtown Boston, the merged firm transaction. as to make the increase unprofitable. would control both first-run, The proposed Final Judgment would Movie-goers typically do not want to commercial theatres, with a market leave the merged firm in control of only travel very far from their homes to share position of 100%. Prior to the one film zone in Chicago North. attend a movie. From a moviegoer’s merger, Loews had the highest market Moviegoers will not be harmed by the standpoint, theatres outside Chicago share in downtown Boston, with merged firm’s control of a film zone in North, Midtown Manhattan, downtown approximately 64% of box office Chicago North, as Chicago movie-goers Seattle, downtown Boston, and north revenues. In north Dallas, the merged tend to view theatres in an adjoining Dallas are not acceptable substitutes for firm would control three of four stadium film zone as good substitutes, and the theatres within those areas. A small but seating theatres, including the only two theatres tend to draw customers from significant increase in the price of in north central Dallas, and five of the overlapping areas. The proposed Final tickets for first-run films in those areas seven first-run, commercial theatres. Judgment will preserve the premerger would not cause a sufficient shift to The merged firm would enjoy a market competitive situation in which movie- theatres outside those areas to make the share position of approximately 78%. goers have two competitive exhibitors increase unprofitable. Prior to the merger, AMC had the from which to choose, with each From a distributor’s standpoint, there highest market share in north Dallas, exhibitor operating both a stadium is no alternative to screening its first- with approximately 43% of box office seating theatre and a slope floor theatre. run, commercial films in first-run, revenues. By reducing non-price competition, commercial theatres. From the According to the Herfindahl- the merger would also likely lead to distributor standpoint as well, a small Hirschman Index (‘‘HHI’’), a widely- lower quality theatres by reducing the but significant decrease in prices (i.e., a used measure of market concentration incentive to maintain, upgrade and decrease in film rental fees) would not defined and explained in Exhibit A, the renovate theatres in Chicago North, cause a sufficient shift by distributors to merged firm’s post-transaction HHI in Midtown Manhattan, downtown Seattle, other locations outside of these markets Chicago North would be 10,000, downtown Boston, and north Dallas. to make the decrease unprofitable to representing an increase of 4,814 points. Theatres compete on quality and other exhibitors. In Midtown Manhattan the merged non-price factors such as sound The Complaint alleges that the merger firm’s post-transaction HHI would be systems, maintenance and cleanliness, of AMC and Loews would lessen 7,779, representing an increase of 3,633 and seat quality. Theatres also compete competition substantially and tend to points. In downtown Seattle, the merged on quality through the number and create a monopoly in the markets for firm’s post-transaction share would be range of showtimes. The merger would lessen the incentives that AMC and exhibition of first-run, commercial films 10,000, representing an increase of Loews have to maintain the quality, or in the relevant markets. The proposed 4,921 points. In downtown Boston, the potentially upgrade, their theatres in transaction would create further market merged firm’s HHI would be 10,000, an Chicago North, Midtown Manhattan, concentration in already concentrated increase of 4,635. In north Dallas, the downtown Seattle, downtown Boston, markets, and the merged firm would merged firm’s HHI would be 6,393, an and north Dallas. As a result, the merger control a majority of box office revenues increase of 2,976. These substantial will have the likely effect of reducing and the majority of first-run, increases in concentration would likely lead the merged firm to raise ticket the quality of the viewing experience for commercial theatres in those markets. In prices. movie-goers in these markets. It also Chicago North, the merged firm would Distributors license movies by film may allow the merged entity to reduce control all four first-run, commercial ‘‘zones’’ that reflect specific local areas. the number of shows as there no longer theatres with a market share position of Generally, only one theatre within a would be competitive pressure to 100%, as measured by box office zone will play a particular movie. There continue early and late shows. revenues. Prior to the merger, AMC had are two types of zones: ‘‘free zones’’ (or New entry into the Chicago North, the highest market share in Chicago ‘‘non-competitive zones’’) and Midtown Manhattan, downtown Seattle, North, with 60% of box office revenues. ‘‘competitive zones.’’ Free zones contain downtown Boston and north Dallas In Midtown Manhattan, the merged firm only a single theatre. Competitive zones markets for exhibition of first-run, would control the only first-run theatres contain two or sometimes more theatres commercial films would be highly 1 with stadium seating, with a market competing for the exclusive license to unlikely to eliminate the exhibit a movie within the zone. The anticompetitive effects of this 1 Stadium seating theatres are theatres in which each row of seats is set on a tier that is higher than merger would convert four film zones in transaction. Entry is difficult in these the tier on which the row in front of it is set. which AMC and Loews compete with markets because available, suitable land Moviegoers prefer stadium seating theatres over is scarce and new entrants are often sloped floor theatres and are willing to pay more are more likely to build new theatres in areas where reluctant to enter in areas where to view movies in stadium seating theatres. the existing theatres are sloped floor than in areas existing stadium theatres are located. Exhibitors also view stadium seating theatres as where the existing theatres are stadium seating. superior to, and more competitively significant Almost all newly constructed theatres are stadium With the exception of the theatre in than, sloped floor theatres. For example, exhibitors theatres. north Dallas, all of the theatre assets to

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be divested are located in densely-built entry of this Final Judgment by the sell one of the theatres to be divested, downtown or central city areas that are Court, whichever is later. Until the section VI of the proposed Final characterized by significant regulatory divestitures take place, AMC and Loews Judgment permits the defendants to barriers to entry. In north Dallas, the must maintain and operate the six select an alternative theatre that theatre to be divested is located in an theatres to be divested as active competes effectively with the theatre for area north of downtown in north central competitors, maintain the management, which landlord consent was not Dallas. That area of Dallas has been staffing, sales, and marketing of the obtained to divest. The United States, in substantially built out and generally theatres, and maintain the theatres in its sole discretion, after consultation lacks the amount of land that a large operable condition at current capacity with the States of Illinois and New York scale retail development that contains a configurations. and Commonwealth of Massachusetts as theatre would require.2 No new first- The divestitures must be to a appropriate, shall determine whether run, commercial theatres with the purchaser or purchasers acceptable to the theatres offered are actually capability to reduce significantly the the United States in its sole discretion, competing with those that could not be newly merged entity’s market power are after consultation with the States of divested due to a failure to obtain likely to open within the next two years Illinois and New York, and the landlord consent. This provision will in any of the markets. Commonwealth of Massachusetts as ensure that any failure by the For all of these reasons, plaintiff has appropriate. Unless the United States defendants to obtain landlord consent concluded that the proposed transaction otherwise consents in writing, the by the defendants does not thwart the would lessen competition substantially divestitures shall include all the assets relief obtained in the proposed Final in the exhibition of first-run, of the theatres to be divested, and shall Judgment. commercial films in Chicago North, be accomplished in such a way as to The proposed Final Judgment also Midtown Manhattan, downtown Seattle, satisfy the United States that such assets prohibits the defendants from acquiring downtown Boston, and north Dallas, can and will be used as viable, ongoing any other theatres in Cook County, eliminate actual and potential first-run theatres. Illinois; New York County, New York competition between AMC and Loews, If defendants fail to divest these (Manhattan); King County, Washington; and likely result in increased ticket theatres within the time periods Suffolk County, Massachusetts; and prices and lower quality theatres in specified in the Final Judgment, the Dallas County, Texas without providing those markets. The proposed merger Court, upon application of the United at least thirty (30) days’ notice to the therefore violates section 7 of the States, is to appoint a trustee nominated U.S. Department of Justice. Such Clayton Act. by the United States to effect the acquisitions could raise competitive divestitures. If a trustee is appointed, concerns but might be too small to be III. Explanation of the Proposed Final the proposed Final Judgment provides reported otherwise under the Hart-Scott- Judgment that AMC and Loews will pay all costs Rodino (‘‘HSR’’) premerger notification The proposed Final Judgment would and expenses of the trustee and any statute. preserve existing competition in the professionals and agents retained by the trustee. Under section V(d) of the IV. Remedies Available to Potential theatrical exhibition of first-run films in Private Litigants Chicago North, Midtown Manhattan, proposed Final Judgment, the downtown Seattle, downtown Boston, compensation paid to the trustee and Section 4 of the Clayton Act, 15 and north Dallas. It requires the any persons retained by the trustee shall U.S.C. 15, provides that any person who divestiture of a total of six theatres in be both reasonable in light of the value has been injured as a result of conduct the five markets: Webster Place 11 of the theatres remaining to be divested, prohibited by the antitrust laws may (Chicago North); City North 14 (Chicago and based on a fee arrangement bring suit in federal court to recover North); E-Walk 13 (Midtown providing the trustee with an incentive three times the damages the person has Manhattan); Meridian 16 (downtown based on the price and terms of the suffered, as well as costs and reasonable Seattle; Fenway 13 (downtown Boston); divestitures and the speed with which attorneys’ fees. Entry of the proposed and Keystone Park 16 (north Dallas). they are accomplished. Timeliness is Final Judgment will neither impair nor The divestitures will preserve choices paramount. After appointment, the assist the bringing of any private for movie-goers and distributors. The trustee will file monthly reports with antitrust damage action. Under the divestitures will make it less likely that the parties and the Court, setting forth provisions of section 5(a) of the Clayton ticket prices will increase, theatre the trustee’s efforts to accomplish the Act, 15 U.S.C. 16 (a), the proposed Final quality will decline, the number of divestitures ordered under the proposed Judgment has no prima facie effect in theatres to which movie studios Final Judgment. Section V(g) of the any subsequent private lawsuit that may distribute their movies will decline, or proposed Final Judgment provides that be brought against defendants. if the trustee has not accomplished the movies will be distributed to lower V. Procedures Available for quality theatres in the listed markets as divestitures within six (6) months after its appointment, the trustee shall Modification of the Proposed Final a result of the transaction. Judgment Unless the United States grants an promptly file with the Court a report extension of time, the divestitures must setting forth (1) the trustee’s efforts to Plaintiffs and defendants have be completed within 120 calendar days accomplish the required divestitures, (2) stipulated that the proposed Final after the filing of the Complaint in this the reasons, in the trustee’s judgment, Judgment may be entered by the Court matter or five (5) days after notice of the why the required divestitures have not after compliance with the provisions of been accomplished and (3) the trustee’s the APPA, provided that plaintiff has 2 In recent years, most new theatres are built as recommendations. At the same time the not withdrawn its consent. The APPA part of broader commercial developments that trustee will furnish such report to the conditions entry upon the Court’s include other retail establishments. The new plaintiffs and defendants, who will each determination that the proposed Final commercial developments that include theatres are have the right to be heard and to make Judgment is in the public interest. often malls, shopping centers, or so-called lifestyle centers. As a result, the land required for a new additional recommendations. The APPA provides a period of at theatre would also need to contain space for other If the defendants or trustee are not least sixty (60) days preceding the elements of the commercial development as well. able to obtain a landlord’s consent to effective date of the proposed Final

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Judgment within which any person may consideration of the public benefit, if any, to insuring that the government has not submit to plaintiff written comments be derived from a determination of the issues breached its duty to the public in consenting regarding the proposed Final Judgment. at trial. to the decree. The court is required to Any person who wishes to comment 15 U.S.C. 16(e)(1)(A) & (B). As the determine not whether a particular decree is should do so within sixty (60) days of the one that will best serve society, but United States Court of Appeals for the whether the settlement is ‘‘within the reaches the date of publication of this DC Circuit held, this statute permits a of the public interest.’’ More elaborate Competitive Impact Statement in the court to consider, among other things, requirements might undermine the Federal Register. All comments the relationship between the remedy effectiveness of antitrust enforcement by received during this period will be secured and the specific allegations set consent decree.4 considered by the Department of Justice, forth in the government’s complaint, Bechtel, 648 F.2d at 666 (citations which remains free to withdraw its whether the decree is sufficiently clear, omitted) (emphasis added). consent to the proposed Final Judgment whether enforcement mechanisms are The proposed Final Judgment, at any time prior to the Court’s entry sufficient and whether the decree may therefore, should not be reviewed under judgment. The comments and the positively harm third parties. See a standard of whether it is certain to response of plaintiff will be filed with United States v. Microsoft, 56 F.3d 1448, eliminate every anticompetitive effect of the Court and published in the Federal 1461–62 (DC Cir. 1995). a particular practice or whether it Register. ‘‘Nothing in this section shall be mandates certainty of free competition Written comments should be construed to require the court to in the future. Court approval of a final submitted to: John R. Read, Chief, conduct an evidentiary hearing or to judgment requires a standard more Litigation III, Antitrust Division, United require the court to permit anyone to flexible and less strict than the standard States Department of Justice, 325 7th intervene.’’ 15 U.S.C. 16(e)(2). Thus, in required for a finding of liability. ‘‘[A] Street, NW., Suite 300, Washington, DC conducting this inquiry, ‘‘[t]he Court is proposed decree must be approved even 20530. nowhere compelled to go to trial or to if it falls short of the remedy the court The proposed Final Judgment engage in extended proceedings which provides that the Court retains would impose on its own, as long as it might have the effect of vitiating the falls within the range of acceptability or jurisdiction over this action, and the benefits of prompt and less costly parties may apply to the Court for any is ‘within the reaches of public settlement through the consent decree interest.’’’ United States v. American order necessary or appropriate for the process.’’ 3 Rather, modification, interpretation, or Tel. and Tel. Co., 552 F. Supp. 131, 151 [a]bsent a showing of corrupt failure of the (D.D.C. 1982), aff’d. sub nom. Maryland enforcement of the Final Judgment. government to discharge its duty, the Court, in making its public interest finding, should v. United States, 460 U.S. 1001 (1983); VI. Alternatives to the Proposed Final * * * carefully consider the explanations of quoting Gillette Co., 406 F. Supp. at 716 Judgment the government in the competitive impact (citations omitted); United States v. Plaintiff considered, as an alternative statement and its responses to comments in Alcan Aluminum, Ltd., 605 F. Supp. to the proposed Final Judgment, a full order to determine whether those 619, 622 (W.D. Ky. 1985). trial on the merits against defendants. explanations are reasonable under the Moreover, the Court’s role under the circumstances. Plaintiff could have continued the APPA is limited to reviewing the litigation and sought preliminary and United States v. Mid-America remedy in relationship to the violations permanent injunctions against AMC’s Diarymen, Inc., 1977–1 Trade Cas. that the United States has alleged in its merger with Loews. Plaintiff is satisfied, ¶61,508 at 71,980 (W.D. Mo. 1977). Complaint, and does not authorize the however, that the divestiture of assets Accordingly, with respect to the court to ‘‘construct [its] own and other relief described in the adequacy of the relief secured by the hypothetical case and then evaluate the proposed Final Judgment will preserve decree, a court may not ‘‘engage in an decree against that case.’’ Microsoft, 56 competition for the exhibition of first- unrestricted evaluation of what relief F.3d at 1459. Because the ‘‘court’s run, commercial films in the relevant would best serve the public.’’ United authority to review the decree depends markets identified in the Complaint. States v. BNS, Inc., 858 F.2d 456, 462 entirely on the government’s exercising (9th Cir. 1988), citing United States v. its prosecutorial discretion by bringing VII. Standard of Review Under the Bechtel Corp., 648 F.2d 660, 666 (9th a case in the first place,’’ it follows that APPA for Proposed Final Judgment Cir.), cert. denied, 454 U.S. 1083 (1981); ‘‘the court is only authorized to review The APPA requires that proposed see also Microsoft, 56 F.3d at 1460–62. the decree itself,’’ and not to ‘‘effectively consent judgments in antitrust cases Precedent requires that: redraft the complaint’’ to inquire into brought by the United States be subject The balancing of competing social and other matters that the United States did to a sixty (60) day comment period, after political interests affected by a proposed not pursue. Id. at 1459–60. which the Court shall determine antitrust consent decree must be left, in the whether entry of the proposed Final first instance, to the discretion of the VIII. Determinative Documents Judgment ‘‘is in the public interest.’’ In Attorney General. The court’s role in There are no determinative materials making that determination, the Court protecting the public interest is one of or documents within the meaning of the shall consider: APPA that were considered by the 3 119 Cong. Rec. 24598 (1973) (statement of (A) The competitive impact of such Senator Tunney). See United States v. Gillette Co., judgment, including termination of alleged 406 F. Supp. 713, 715 (D. Mass. 1975). A ‘‘public 4 Cf. BNS, 858 F.2d at 464; 858 F.2d at 464 violations, provisions for enforcement and interest’’ determination can be made properly on (holding that the court’s ‘‘ultimate authority under modification, duration or relief sought, the basis of the Competitive Impact Statement and the [APPA] is limited to approving or disapproving anticipated effects of alternative remedies Response to Comments filed pursuant to the APPA. the consent decree’’); Gillette, 406 F. Supp. at 716 actually considered and any other Although the APPA authorizes the use of additional (noting that, in this way, the court is constrained considerations bearing upon the adequacy of procedures, 15 U.S.C. 16(f), those procedures are to ‘‘look at the overall picture not hypercritically, discretionary. A court need not invoke any of them nor with a microscope, but with an artist’s reducing such judgment; unless it believes that the comments have raised glass’’); see generally Microsoft, 56 F.3d at 1461 (B) The impact of entry of such judgment significant issues and that further proceedings (discussing whether ‘‘the remedies [obtained in the upon the public generally and individuals would aid the court in resolving those issues. See decree are] so inconsonant with the allegations alleging specific injury from the violations H.R. Rep. 93–1463, 93rd Cong. 2d Sess. 8–9 (1974), charged as to fall outside of the ‘reaches of the set forth in the complaint including reprinted in U.S.C.C.A.N. 6535, 6538. public interest’’’).

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plaintiff in formulating the proposed SUMMARY: The Department of Labor, as • Enhance the quality, utility, and Final Judgment. part of its continuing effort to reduce clarity of the information to be Dated: December 20, 2005. paperwork and respondent burden, collected; and • Minimize the burden of the Respectfully submitted, conducts a preclearance consultation program to provide the general public collection of information on those who William H. Jones II (WJ 2563), and Federal agencies with an are to respond, including through the Allen P. Grunes (AG 4775), opportunity to comment on proposed use of appropriate automated, Gregg I. Malawer (GM 6467), and/or continuing collections of electronic, mechanical, or other Avery W. Gardiner (AG 2011), information in accordance with the technological collection techniques or Joan Hogan (JH 5666), Paperwork Reduction Act of 1995 other forms of information technology, U.S. Department of Justice, Antitrust (PRA95) [44 U.S.C. 3506(c)(A)]. This e.g., permitting electronic submissions Division, 325 7th Street, NW., Suite 300, program helps to ensure that requested of responses. Washington, DC 20530. (202) 514–0230. data can be provided in the desired III. Current Actions Attorneys for Plaintiff the United States. format, reporting burden (time and Bernard Hollander (BH 0818), financial resources) is minimized, Type of Review: Regular. Senior Trial Attorney, U.S. Department of collection instruments are clearly Agency: Office of National Response. Justice, Antitrust Division, 325 7th Street, understood, and the impact of collection Title: National Rapid Response NW., Suite 300, Washington, DC 20530. requirements on respondents can be Information Network. Attorney for Plaintiff the United States. OMB Number: 1205–XXX. properly assessed. Currently, the Agency Form Numbers: ETA 9119A, Employment and Training Exhibit A Definition of HHI and B, C. Administration, Office of National Calculations for Market Recordkeeping: 0. Response is soliciting comments Affected Public: State, local, or tribal ‘‘HHI’’ means the Herfindahl- concerning the proposed information government. Hirschman Index, a commonly accepted collection request (ICR) for the National Total Respondents: 53. measure of market concentration. It is Rapid Response Network. A copy of the Estimated Total Burden Hours: 3274 calculated by squaring the market share proposed ICR is available at this site: hours. of each firm competing in the market http://www.doleta.gov/Performance/ Total Burden Cost (capital/startup): and then summing the resulting guidance/OMBControlNumber.cfm. $0. numbers. For example, for a market DATES: Written comments must be Total Burden Cost (operating/ consisting of four firms with shares of submitted to the office listed in the maintaining): $0. thirty, thirty, twenty and twenty addressee’s section below on or before Comments submitted in response to 2 2 percent, the HHI is 2600 (30 + 30 + March 21, 2006. this comment request will be 202 + 202 = 2600). The HHI takes into summarized and/or included in the ADDRESSES: Jeff Ryan, U.S. Department account the relative size and request for Office of Management and of Labor, Employment and Training distribution of the firms in a market and Budget approval of the information Administration, Room C–5325, 200 approaches zero when a market consists collection request; they will also Constitution Avenue, NW., Washington, of a large number of firms of relatively become a matter of public record. DC 20210, Phone: (202) 693–3546 (this equal size. The HHI increases both as is not a toll-free number), Fax: (202) Dated: January 11, 2006. the number of firms in the market 693–3149, e-mail: [email protected]. Emily Stover DeRocco, decreases and as the disparity in size SUPPLEMENTARY INFORMATION: Assistant Secretary for Employment and between those firms increases. Training. Markets in which the HHI is between I. Background 1000 and 1800 points are considered to [FR Doc. E6–645 Filed 1–19–06; 8:45 am] be moderately concentrated, and those As part of its responsibility for the BILLING CODE 4510–30–P in which the HHI is in excess of 1800 administration and oversight of points are considered to be activities carried out under the concentrated. Transactions that increase Workforce Investment Act of 2000 LEGAL SERVICES CORPORATION the HHI by more than 100 points in (WIA), ETA has designed a Rapid Sunshine Act Meetings of the Board of concentrated markets presumptively Response Information Network (RRIN). Directors and Four of the Board’s raise antitrust concerns under the This electronic reporting system will Committees Merger Guidelines. See Merger allow users to easily input data Guidelines § 1.51. regarding layoffs and layoff related information through a secure Web site. TIMES AND DATES: The Legal Services [FR Doc. 06–454 Filed 1–19–06; 8:45 am] Corporation Board of Directors will BILLING CODE 4410–11–M II. Review Focus meet on January 28, 2006, and four of The Department of Labor is its Committees will meet on January 27, particularly interested in comments 2006 in the order set forth in the DEPARTMENT OF LABOR which: following schedule, with each • Evaluate whether the proposed subsequent meeting commencing Employment and Training collection of information is necessary shortly after adjournment of the prior Administration for the proper performance of the meeting. functions of the agency, including Meeting Schedule Proposed Information Collection whether the information will have Request Submitted for Public practical utility; Friday, January 27, 2006—9 a.m. Comment and Recommendations; • Evaluate the accuracy of the 1. Performance Reviews Committee. National Rapid Response Information agency’s estimate of the burden of the 2. Finance Committee. Network proposed collection of information, 3. Provision for the Delivery of Legal including the validity of the Services Committee (‘‘Provisions ACTION: Notice. methodology and assumptions used; Committee’’).

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4. Operations and Regulations the Annual Performance Reviews • The panel will discuss pro bono Committee. Committee on the performance reviews efforts and how legal services of the Corporation’s President and IG. offices are effectively utilizing Saturday, January 28, 2006—9 a.m. The closing is authorized by the private attorney involvement, 1. Board of Directors. relevant provisions of the Government including a general overview of LOCATION: The Melrose Hotel, 2430 in the Sunshine Act [5 U.S.C. different approaches and various Pennsylvania Avenue, NW., 552b(c)(10), 552b(c)(2) and 552b(c)(6)] models, identification of some of Washington, DC. and LSC’s implementing regulation 45 the issues, challenges and STATUS OF MEETINGS: Open, except as CFR 1622.5(h), 1622.5(a) and 1622.5(e). problems, learning what others are noted below. A copy of the General Counsel’s doing, and focusing on what can be • Status: January 27, 2006 Annual Certification that the closing is done to better facilitate and Performance Reviews Committee authorized by law will be available encourage pro bono involvement in Meeting—Closed. The Performance upon request. LSC-funded programs. Reviews Committee meeting may be MATTERS TO BE CONSIDERED: Friday, • In addition, the panel will focus on closed to the public pursuant to a vote January 27, 2006. what law firms are doing to of the Board of Directors authorizing the encourage their attorneys to provide Committee to meet in executive session Peformance Reviews Committee pro bono services. What are the to consider and act on the performance Agenda ways in which private law firms reviews of the Corporation’s President allow their attorneys to do this? and Inspector General (‘‘IG’’). The Closed Session What are the challenges? What are closing will be authorized by the 1. Approval of agenda. law firms doing to deal with relevant provisions of the Government 2. Consider and act on annual economic pressures so that they can in the Sunshine Act [5 U.S.C. 552b(c)(2) performance review of LSC provide pro bono services while and 552b(c)(6)] and the Legal Services President. still meeting their economic model? Corporation’s corresponding regulation, —Meet with Helaine Barnett. • What can LSC and/or its grantees 45 CFR 1622.5(a) and 1622.5(e). A copy 3. Consider and act on annual do to further encourage private of the General Counsel’s Certification performance review of LSC attorney involvement? that the closing is authorized by law Inspector General. • Panel Members: will be available upon request. —Meet with Kirt West. —Esther Lardent, President, The Pro • Status: January 27, 2006 Operations 4. Consider and act on other business. Bono Institute. & Regulations Committee Meeting— 5. Consider and act on adjournment of —Charles T. Lester, Jr., Esq., Open, except that a portion of the meeting. Sutherland Asbill & Brennan— meeting of the Committee may be closed Finance Committee Atlanta, GA. to the public pursuant to a vote of the —Neil McBride, General Counsel, Board of Directors authorizing the Agenda Legal Aid Society of Middle Committee to meet in executive session Open Session Tennessee & the Cumberlands. to consider and act on the General —Jonathan Ross, Chair, ABA Standing 1. Approval of agenda. Counsel’s report on pending litigation Committee on Pro Bono and Public 2. Approval of the minutes of the regarding LSC’s program integrity Service. Committee’s meeting of October 28, regulation at 45 CFR Part 1610. The —Robert N. Weiner, Esq., Arnold & closing will be authorized by the 2005. 3. Report on the Financial Audit for FY Porter—Washington, DC. relevant provisions of the Government 4. Public comment. in the Sunshine Act [5 U.S.C. 2005. 4. Report on the final FY 2006 5. Staff update on revision of LSC 552b(c)(10)] and the Legal Services Appropriations. Performance Criteria. Corporation’s corresponding regulation, 5. Consider and act on adoption of 6. Consider and act on other business. 45 CFR 1622.5(h). A copy of the General Consolidated Operating Budget for 7. Consider and act on adjournment of Counsel’s Certification that the closing FY 2006. meeting. is authorized by law will be available 6. Presentation on LSC’s Financial Operations & Regulations Committee upon request. • Reports for the first two months of Status: January 28, 2006 Board of FY 2006. Agenda Directors Meeting—Open, except that a 7. Report on plan for submitting FY Open Session portion of the meeting of the Board of 2007 Budget Request to Congress. Directors may be closed pursuant to a 8. Consider and act on other business. 1. Approval of agenda. vote of the Board of Directors to hold an 9. Public comment. 2. Approval of minutes of the executive session. At the closed session, 10. Consider and act on adjournment of Committee’s meeting of October 29, the Board will consider and may act on meeting. 2005. the General Counsel’s report on 3. Consider and act on Draft Final Rule litigation to which the Corporation is or Provisions Committee to remove Expenditure of Grant may become a party, discuss internal Agenda Funds regulation, 45 CFR part 1631. procedures with and receive a report on a. Staff report. investigations from the IG,1 and Open Session b. Public comment. consider and may act on the report of 1. Approval of agenda. 4. Consider and act on rulemaking to 2. Approval of the Committee’s meeting revise Client Grievance Procedure 1 Any portion of the closed session consisting minutes of October 28, 2005. regulation, 45 CFR part 1621. solely of staff briefings does not fall within the 3. Panel discussion on Private Attorney a. Staff report. Sunshine Act’s definition of the term ‘‘meeting’’ Involvement in LSC-funded b. Public comment. and, therefore, the requirements of the Sunshine Act do not apply to such portion of the closed programs Moderator: Karen 5. Consider and act on initiation of session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 Sarjeant, LSC Vice President for rulemaking to revise Prohibition CFR 1622.2 & 1622.3. Programs and Compliance. Against Discrimination on the Basis

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of Handicap regulation, 45 CFR part Closed Session NUCLEAR REGULATORY 1624. 19. Consider and act on General COMMISSION a. Staff report. Counsel’s report on potential and [Docket No. 70–1201] b. Public comment. pending litigation involving LSC. 6. Consider and act on Legal Action of 20. Discussion of internal procedures Notice of Availability of Environmental Wisconsin’s Petition for with OIG. Assessment and Finding of No Rulemaking on LSC’s Private 21. IG report to the Board. Significant Impact for License Attorney Involvement regulation, 22. Consider and act on the report of the Amendment for Framatome ANP, Inc., 45 CFR part 1614. Performance Reviews Committee. Lynchburg, VA a. Staff report. 23. Consider and act on motion to b. Comments by Robert Henderson, adjourn meeting. AGENCY: Nuclear Regulatory Managing Attorney, LaCrosse Commission. CONTACT PERSON FOR INFORMATION: Office, Legal Action of Wisconsin. ACTION: Notice of availability. c. Public Comment. Patricia D. Batie, Manager of Board Operations, at (202) 295–1500. 7. Consider and act on other business. FOR FURTHER INFORMATION CONTACT: Special Needs: Upon request, meeting 8. Other public comment. Billy Gleaves, Project Manager, Fuel notices will be made available in Cycle Facilities Branch, Division of Fuel Closed Session alternate formats to accommodate visual Cycle Safety and Safeguards, Office of and hearing impairments. Individuals 9. Consider and act on the General Nuclear Materials Safety and who have a disability and need an Counsel’s report on pending Safeguards, U.S. Nuclear Regulatory accommodation to attend the meeting litigation regarding LSC’s program Commission, Rockville, MD, 20555– may notify Patricia D. Batie, at (202) integrity regulation, 45 CFR part 0001. Telephone: (301) 415–5848; fax 295–1500. 1610. number: (301) 415–5955; e-mail: 10. Consider and act on adjournment of Dated: January 17, 2006. [email protected]. meeting. Victor M. Fortuno, SUPPLEMENTARY INFORMATION: Saturday, January 28, 2006 Vice President for Legal Affairs, General Counsel & Corporate Secretary. I. Introduction Board of Directors [FR Doc. 06–549 Filed 1–17–06; 4:19 pm] The Nuclear Regulatory Commission Agenda BILLING CODE 7050–01–P (NRC) staff has received a license amendment request from Framatome Open Session ANP, Inc., Lynchburg, VA (FANP 1. Approval of agenda. NATIONAL CREDIT UNION Lynchburg) dated September 1, 2005 2. Approval of minutes of the Board’s ADMINISTRATION (Ref. 1, 2), to amend Special Nuclear meeting of October 29, 2005. Material License (SNM)–1168 (Ref. 3) to 3. Approval of minutes of the Executive Notice of Change in Subject of Meeting use the International Commission on Session of the Board’s meeting of Radiation Protection (ICRP) Publication The National Credit Union October 29, 2005. 68 for Derived Air Concentration (DAC) Administration Board determined that 4. Approval of minutes of the Board’s and the Annual Limit on Intake (ALI) its business required the deletion of the Open Session Telephonic meeting determinations (Ref. 4). In accordance following item from the previously of November 28, 2005. with the requirements of 10 CFR part announced closed meeting Federal 5. Consider and act on nominations for 51, an Environmental Assessment (EA) Register, Vol. 71, No. 10, p. 2571, the Chairman of the Board of was performed by the NRC staff in January 17, 2006) scheduled for Directors. support of its review of FANP 6. Consider and act on nominations for Thursday, January 19, 2006. 1. Administrative Action under Lynchburg’s license amendment the Vice Chairman of the Board of request. The conclusion of the EA is a Directors. section 206(h)(1)(A) of the Federal Credit Union Act. Closed pursuant to Finding of No Significant Impact 7. Consider and act on delegation to (FONSI) for the proposed licensing Chairman of authority to make Exemptions (8), (9)(A)(ii), and (9)(B). The Board voted unanimously that action. The amendment will be issued Committee assignments. following the publication of this notice. 8. Consider and act on Strategic agency business required that this item Directions for 2006–2010. be removed from the closed agenda. II. Environmental Assessment Earlier announcement of this change 9. Chairman’s Report. Background 10. Members’ Reports. was not possible. 11. President’s Report. The previously announced items The FANP Lynchburg facility is 12. Inspector General’s Report. were: authorized, under Materials License 13. Consider and act on the report of the 1. Administrative Action under SNM–1168, to possess nuclear materials Provision for the Delivery of Legal section 206(h)(1)(A) of the Federal for the fabrication and assembly of Services Committee. Credit Union Act. Closed pursuant to nuclear power fuel components. 14. Consider and act on the report of the Exemptions (8), (9)(A)(ii), and (9)(B). Principal activities in the fabrication Finance Committee. 2. One (1) Insurance Appeal. Closed facility include the processing of low- 15. Consider and act on the report of the pursuant to Exemption (6). enriched uranium (< 5.1%), received as Operations & Regulations FOR FURTHER INFORMATION CONTACT: UO2 pellets. Uranium pellets are Committee. Mary Rupp, Secretary of the Board, received and then transported to a pellet 16. Consider and act on other business. Telephone: 703–518–6304. vault after the receipt inspection process 17. Public comment. is completed. The fuel pellets are then 18. Consider and act on whether to Mary Rupp, inserted into rods, which are then authorize an executive session of Secretary of the Board. assembled into fuel bundles. Finished the Board to address items listed [FR Doc. 06–608 Filed 1–18–06; 3:59 pm] fuel bundles are then packaged and below under Closed Session. BILLING CODE 735–01–M loaded onto truck transport for delivery

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to the receiving utility. Other activities the license amendment would be used in 10 CFR part 20 to regulate conducted in conjunction with nuclear granted. internal doses are those described in the fuel fabrication include: Fabrication of The EA serves to evaluate and ICRP Publications 26 and 30, adopted poison rods; download of finished fuel document the impacts of the proposed by the ICRP in 1977 and 1978, bundles and rods; repair of returned fuel amendment. Activities beyond the respectively (Ref. 8, 9). Much of the assemblies; laboratory operations; and proposed changes have previously been basic structure of these models were waste disposal operations. evaluated and documented in the 2003 developed in 1966. However, some of its Inhalation of dust in radiologically EA as part of the FANP Lynchburg components and parameters were controlled areas poses an internal license renewal (Ref. 6). The 2003 altered somewhat between 1966 and radiation hazard, and the NRC document remains the most current EA their formal adoption by the ICRP in regulations in 10 CFR part 20 require for activities outside the scope of the 1978. In the same year that the licensees to implement certain proposed amendment. Commission approved the final 10 CFR protective measures to minimize that Proposed Action part 20 rule (1991), the ICRP published hazard. These measures include taking a major revision of its radiation a variety of air samples, using The proposed action is to amend the protection recommendations, ICRP 60 respirators in certain work areas, NRC Materials License SNM–1168 to (Ref. 10). During the several years posting airborne radioactivity warning authorize the use of DAC and ALI following this revision, the ICRP signs outside the work areas, and values based on ICRP 68, entitled Dose published a series of reports in which it putting the potentially exposed workers Coefficients for Intake of Radionuclides described the components of an on a routine bioassay program to assess by Worker (Ref. 4). extensively updated and revised their intakes and verify the effectiveness Affected Environment internal dosimetry model. Due to the of the protection program. Many of restrictions in 10 CFR part 20, the NRC these protective measures are triggered The affected environment for the licensees are not permitted to use the when the air concentrations in the proposed activity is the FANP revised and updated internal dosimetry workplace reach specified fractions of Lynchburg site. A full description of the models without receiving an exemption the air concentrations tabulated in 10 site and its characteristics are given in to the regulations. CFR part 20, Appendix B. the 2003 EA for the renewal of the NRC Although the dose per unit intake FANP Lynchburg has requested to license for FANP Lynchburg (Ref. 6). calculated, using the new models, does amend its license to permit the use of Effluent Releases and Monitoring not differ by more than a factor of about values other than those tabulated in 10 two from the values in 10 CFR part 20 A full description of the effluent CFR part 20 as the basis for triggering for most radionuclides, the differences monitoring program at the site is protective measures, and for assessing are substantial for some, particularly for provided in the 2003 EA for the renewal the internal dose to its workers. The the isotopes of thorium, uranium, and of the NRC license for FANP Lynchburg basis for the amendment request is the some of the transuranic radionuclides. (Ref. 6). Monitoring programs at the recommendations in ICRP 68. In the For example, for inhalation of insoluble FANP Lynchburg facility comprise amendment application, FANP thorium-232 (232Th), the dose per unit effluent monitoring of air and water and Lynchburg maintains that the intake calculated using the revised ICRP environmental monitoring of various assessment of the radiological hazard lung model, is a factor of about 15 times media (air, soil, vegetation, and based on 10 CFR part 20, Appendix B, lower than that in 10 CFR part 20. groundwater). This program provides a requires it to implement monitoring and Because protective measures are based basis for evaluation of public health and protection programs at levels that are on the hazard, and since the hazard is safety impacts, for establishing out of proportion with the true level of proportional to dose, 10 CFR part 20 compliance with environmental hazard, and do not significantly add to requires significantly more protective regulations, and for development of worker protection. FANP Lynchburg measures when using 232Th than would mitigation measures if necessary. The believes that granting the exemption be warranted based on the revised monitoring program is not expected to would enable it to reduce the size of its models. internal exposure program while, at the change as a result of the proposed Using the updated ICRP 68 standard action. In the 2003 renewal, the NRC same time, providing a level of would enable FANP Lynchburg to reviewed the location of the protection proportional to the actual reduce the size of its internal exposure environmental monitoring program hazard. FANP Lynchburg references an program while, at the same time, sampling points, the frequency of NRC staff requirements memorandum providing a level of protection sample collection, and the trends in the (SECY–99–077) (Ref. 5), which directs proportional to the actual hazard. This sampling program results. The data, the staff to grant exemptions to 10 CFR is FANP Lynchburg’s primary concern, taken in conjunction with the part 20 on this modeling issue on a case- and it has requested to be allowed to use environmental pathway and exposure by-case basis. DAC and ALI values based on the dose analysis, leads the NRC to conclude that coefficients listed in ICRP 68. The NRC Review Scope the monitoring program provides staff concluded that FANP Lynchburg In accordance with 10 CFR part 51, adequate protection of public health and has historically maintained worker this EA serves to: (1) Present safety. doses as low as reasonably achievable information and analysis for Environmental Impacts of Proposed and is qualified to utilize the ICRP 68 determining whether to issue a FONSI Action in a manner equivalent to 10 CFR or to prepare an Environmental Impact 20.1201(d), (i.e. doses at a level lower Statement (EIS); (2) fulfill the NRC’s Radiological Impacts than the NRC’s regulatory limit of 5 rem, compliance with the National The basic limits on radiation in its Radiation Safety Program). Environmental Policy Act when no EIS exposures, as well as the minimum Therefore, FANP Lynchburg’s request is necessary; and (3) facilitate radiation protection practices required for an exemption under 10 CFR 20.2301 preparation of an EIS when one is of any NRC licensee, are specified in 10 is acceptable, because it gives its necessary. Should the NRC issue a CFR part 20, ‘‘Standards for Protection workers equivalent radiological FONSI, no EIS would be prepared and Against Radiation’’ (Ref. 7). The models protection as required by 10 CFR part

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20. Thus, the exemption is authorized 3. The U.S. Nuclear Regulatory For the Nuclear Regulatory Commission. by law and will not result in an undue Commission, Special Nuclear Material William C. Gleaves, hazard to life or property. License SNM–1168 Amendment 7, Project Manager, Fuel Cycle Facilities Branch, October 3, 2005 (ML052840071). Nonradiological Impacts Division of Fuel Cycle Safety and Safeguards, 4. International Commission on Office of Nuclear Materials Safety and The NRC determined that there are no Radiological Protection, ‘‘Dose Safeguards. non-radiological impacts associated Coefficients for Intake of Radionuclides [FR Doc. E6–613 Filed 1–19–06; 8:45 am] with the proposed action. by Worker,’’ Publication 68, Elsevier BILLING CODE 7590–01–P Cumulative Impacts Science, 1995. 5. The U.S. Nuclear Regulatory The NRC determined that there are no Commission, ‘‘SRM–SECY–99–0077— NUCLEAR REGULATORY cumulative impacts associated with the To Request Commission Approval to COMMISSION proposed action. Grant Exemptions from Portions of 10 Alternatives to the Proposed Action CFR Part 20,’’ April 21, 1999 Nuclear Information and Resource (ML042750086). Service All Nuclear Power Plants That The NRC considered one alternative 6. The U.S. Nuclear Regulatory Use Hemyc/MT Fire Barriers Notice of to the proposed action, which was to Commission, ‘‘Environmental Issuance of Director’s Decision Under deny the amendment request. This Assessment for the Renewal Framatome 10 CFR 2.206 alternative was rejected because the ANP, Inc., Lynchburg, Virginia,’’ April impacts of the proposed action on the 2, 2003 (ML030940720). Notice is hereby given that the health and safety of the workers, the 7. U.S. Code of Federal Regulations, Director, Office of Nuclear Reactor public, and the environment were ‘‘Standards for Protection Against Regulation, has issued a Director’s determined to be insignificant. In Radiation,’’ Part 20, Chapter 1, Title 10, Decision with regard to a petition dated addition, the licensee will be able to Energy. May 12, 2005, filed by Paul Gunter on save time and resources using the 8. International Commission on behalf of the Nuclear Information and updated ICRP 68 models. The new Radiological Protection, Resource Service, Citizens Awareness models will maintain doses within the ‘‘Recommendations of the International Network, Indian Point Safe Coalition, regulatory limit, while allowing the Commission on Radiological North Carolina Waste Awareness and licensee to remove unwarranted Protection,’’ Publication 26, Elsevier Reduction Network, Alliance for protective measures required by the old Science, 1977. Affordable Energy, and Blue Ridge models. 9. International Commission on Environmental Defense League, hereinafter referred to as the Agencies and Persons Contacted Radiological Protection, ‘‘Limits for the Intake of Radionuclides by Workers,’’ ‘‘petitioners.’’ The petition was The NRC contacted the Virginia Publication 30, Elsevier Science, 1978. supplemented on June 1, 2005. The Department of Environmental Quality 10. International Commission on petition concerns the operation of all (VDEQ) concerning this request. There Radiological Protection, ‘‘1990 nuclear power plants that use Hemyc/ were no comments, concerns or Recommendations of the International MT fire barriers. objections from VDEQ. Commission on Radiological The petition requested that the U.S. Because the proposed action is Protection,’’ Publication 60, Elsevier Nuclear Regulatory Commission (NRC) entirely within existing facilities, and Science, 1991. engage in enforcement actions to modify does not involve new or increased The NRC documents related to this and/or suspend operating licenses for effluents or accident scenarios, the NRC action, including the application for Shearon Harris Nuclear Power Station has concluded that there is no potential amendment and supporting Unit 1, H. B. Robinson Unit 2, McGuire to affect endangered species or historic documentation, are available Units 1 and 2, Catawba Units 1 and 2, resources, and therefore consultation electronically at the NRC’s Electronic Ginna, James A. Fitzpatrick, Indian with the State Historic Preservation Reading Room at http://www.nrc.gov/ Point Units 2 and 3, Vermont Yankee, Society and the U.S. Fish and Wildlife reading-rm/adams.html. From this site, Waterford Unit 3, and Arkansas Nuclear Service was not performed. you can access the NRC’s Agencywide One Units 1 and 2. III. Finding of No Significant Impact Document Access and Management As the basis for the requests, the System (ADAMS), which provides text Based on the EA, the staff concludes petitioners cited a meeting on April 29, and image files of NRC’s public that the proposed action will not have 2005, held by NRC with all stakeholders a significant effect on the quality of the documents. The accession numbers for to discuss the performance of 1-hour human environment. Accordingly, the documents contained in ADAMS are (Hemyc) and 3-hour (MT) fire barriers staff has determined that preparation of provided with the reference. If you do for Electrical Raceways during full scale an EIS is not warranted. not have access to ADAMS or if there fire testing. In that meeting the NRC are problems in accessing the staff informed all stakeholders that the IV. Further Information documents located in ADAMS, contact Hemyc/MT electrical raceway fire The following documents are related the NRC’s Public Document Room (PDR) barrier system (ERFBS) failed to protect to the proposed action: Reference staff at 1–800–397–4209, 301– electrical cables for 1 hour/3 hours in 1. C.F. Holman, Framatome ANP, Inc., 415–4737, or via e-mail to [email protected]. fire tests that were performed to the letter to the U.S. Nuclear Regulatory The documents in ADAMS may also American Society of Testing and Commission, ‘‘Amendment Request to be viewed electronically on the public Materials (ASTM) Standard E119. The Use of ICRP 68 for ALI and DAC computers located at the NRC’s PDR, O1 petitioners’ request was also based on Values,’’ September 1, 2005 F21, One White Flint North, 11555 the following conclusions made by the (ML052550120). Rockville Pike, Rockville, MD 20852. petitioners: (1) The same Hemyc/MT 2. The NRC administrative review, The PDR reproduction contractor will fire barrier wrap systems as installed in documented in a letter to Framatome copy documents for a fee. the above nuclear plants fail to assure ANP, Inc. dated September 23, 2005 Dated at Rockville, MD this 13th day of the protection of the control room (ML052640365). January, 2006. operations for achieving safe shutdown

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of the reactor in the event of a Board to discuss the petition on June 1, For the Nuclear Regulatory Commission. significant fire, (2) NRC has not 2005. The teleconference transcript was J.E. Dyer, quantified the full extent of the amount treated as a supplement to the petition Director, Office of Nuclear Reactor of Hemyc/MT fire barrier material in and is publicly available in ADAMS Regulation. terms of linear and/or square footage under Accession No. ML051640452. [FR Doc. E6–625 Filed 1–19–06; 8:45 am] deployed per fire protection regulation, The NRC sent a copy of the proposed BILLING CODE 7590–01–P and NRC has not determined the safety Director’s Decision to the petitioners for significance of this deployment for safe comment on October 20, 2005 shutdown systems that are not currently (Accession No. ML052630411). The NUCLEAR REGULATORY protected by these fire barriers, and (3) NRC staff did not receive any comments COMMISSION the petitioners believe that the above on the proposed Director’s Decision. listed nuclear power stations are Final Regulatory Guide; Issuance, operating in violation of NRC fire The Director of the Office of Nuclear Availability protection requirements and in an Reactor Regulation has determined that, The U.S. Nuclear Regulatory unanalyzed condition resulting in a with regard to Request Nos. 1 and 2, the Commission (NRC) has issued a revision degradation of defense-in-depth fire NRC staff has granted the petitioners’ to an existing guide in the agency’s protection and safe shut down in the request through the generic Regulatory Guide Series. This series has event of a significant fire. communication process. Specifically, The petitioners requested that the the NRC staff is planning to issue a been developed to describe and make NRC take the following actions: Generic Letter (GL) to all licensees available to the public such information (1) Collect information through asking them to provide detailed as methods that are acceptable to the generic communications with nuclear information about the use of Hemyc/MT NRC staff for implementing specific industry and specifically with the in their nuclear power plants. In parts of the NRC’s regulations, named reactor sites to determine the response to Request No. 3, the NRC staff techniques that the staff uses in extent of condition of the inoperable fire is planning to review all affected plants evaluating specific problems or barriers; including the requirement that in detail and will take appropriate postulated accidents, and data that the the licensees conduct a full inventory of actions to resolve the issues with the staff needs in its review of applications the type Hemyc/MT to include the use of Hemyc/MT material for permits and licenses. amount in linear and square footage, its commensurate with the safety Revision 2 of Regulatory Guide 1.152, specific applications, and the significance of the protected systems. entitled ‘‘Criteria for Use of Computers identification of safe shutdown systems, The GL will be issued after the NRC’s in Safety Systems of Nuclear Power which are currently unprotected by the internal review process to consider Plants,’’ describes a method that the noncompliance and an assessment of comments received on the proposed GL staff of the U.S. Nuclear Regulatory the safety significance of each is completed. Commission (NRC) deems acceptable for application; The reasons for these decisions are complying with the Commission’s (2) The communication should explained in the Director’s Decision regulations for promoting high require, at minimum that the above- pursuant to 10 CFR 2.206 (DD–06–01), functional reliability, design quality, named sites provide justification for the complete text of which is available and cyber-security for the use of digital operation in noncompliance with all in ADAMS, and is available for computers in safety systems of nuclear applicable fire protection regulations; inspection at the Commission’s Public power plants. In this context, the term and Document Room (PDR), located at One ‘‘computer’’ identifies a system that (3) With the determination that any White Flint North, Public File Area O1 includes computer hardware, software, and/or all of the above-mentioned sites F21, 11555 Rockville Pike (first floor), firmware, and interfaces. The guidance provided in Revision 2 are operating in unanalyzed condition Rockville, Maryland, and from the of Regulatory Guide 1.152 is consistent and/or that assurance of public health ADAMS Public Library component on with General Design Criterion (GDC) 21, and safety is degraded, promptly order the NRC Web site, http://www.nrc.gov/ ‘‘Protection System Reliability and a suspension of the license or a power reading-rm/adams.html (the Public Testability,’’ of Appendix A, ‘‘General reduction of the affected reactors until Electronic Reading Room). Persons who Design Criteria for Nuclear Power such time as it can be demonstrated that do not have access to ADAMS or who Plants,’’ to title 10, part 50, ‘‘Domestic the licensees are operating in encounter problems in accessing the Licensing of Production and Utilization conformance with all other applicable documents located in ADAMS should Facilities,’’ of the Code of Federal fire protection regulations. contact the NRC PDR reference staff at In a letter dated June 27, 2005, the Regulations (10 CFR part 50). Among 1–800–397–4209 or 301–415–4737, or NRC informed the petitioners that the other things, GDC 21 requires that by e-mail to [email protected]. issues in the petition were accepted for protection systems (or safety systems) review under Section 2.206 of the Code A copy of the Director’s Decision will must be designed for high functional of Federal Regulations (10 CFR) and had be filed with the Secretary of the reliability, commensurate with the been referred to the Office of Nuclear Commission for the Commission’s safety functions to be performed. In Reactor Regulation for appropriate review in accordance with 10 CFR 2.206 addition, Criterion III, ‘‘Design Control,’’ action. A copy of the acknowledgment of the Commission’s regulations. As of Appendix B, ‘‘Quality Assurance letter is publicly available in the NRC’s provided for by this regulation, the Criteria for Nuclear Power Plants and Agencywide Documents Access and Director’s Decision will constitute the Fuel Reprocessing Plants,’’ to 10 CFR Management System (ADAMS) under final action of the Commission 25 days part 50 requires, among other things, Accession No. ML051740562. A copy of after the date of the decision, unless the that quality standards must be specified, the petition is publicly available in Commission, on its own motion, and design control measures must be ADAMS under Accession No. institutes a review of the Director’s provided, for verifying or checking the ML051440209. Decision in that time. adequacy of design. The petitioners’ representatives held a Dated at Rockville, Maryland, this 9th day Revision 2 of Regulatory Guide 1.152 teleconference with the Petition Review of January 2006. also contains the staff’s regulatory

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position on IEEE Std 7–4.3.2–2003, Requests for technical information Comments are invited on: (a) Whether ‘‘Standard Criteria for Digital Computers about Revision 2 of Regulatory Guide the proposed information collection is in Safety Systems of Nuclear Power 1.152 may be directed to NRC Senior necessary for the proper performance of Generating Stations,’’ which was Program Manager, Satish Aggarwal, at the functions of the agency, including prepared by Working Group SC 6.4, (301) 415–6005 or [email protected]. whether the information has practical ‘‘Application of Programmable Digital Regulatory guides are available for utility; (b) the accuracy of the RRB’s Computers to Safety Systems,’’ of the inspection or downloading through the estimate of the burden of the collection Institute of Electrical and Electronics NRC’s public Web site in the Regulatory of the information; (c) ways to enhance Engineers (IEEE) Nuclear Power Guides document collection of the the quality, utility, and clarity of the Engineering Committee. This standard NRC’s Electronic Reading Room at information to be collected; and (d) evolved from IEEE Std 7–4.3.2–1993 http://www.nrc.gov/reading-rm/doc- ways to minimize the burden related to and reflects advances in digital collections/. Electronic copies of the collection of information on technology. It also represents a Revision 2 of Regulatory Guide 1.152 respondents, including the use of continued effort by IEEE to support the are also available in the NRC’s automated collection techniques or specification, design, and Agencywide Documents Access and other forms of information technology. Management System (ADAMS) at http: implementation of computers in safety Title and purpose of information //www.nrc.gov/reading-rm/adams.html, systems of nuclear power plants. In collection: Survivor Questionnaire; under Accession #ML053070150. addition, IEEE Std 7–4.3.2–2003 OMB 3220–0032. specifies computer-specific In addition, regulatory guides are requirements to supplement the criteria available for inspection at the NRC’s Under Section 6 of the Railroad and requirements of IEEE Std 603–1998, Public Document Room (PDR), which is Retirement Act (RRA), benefits that may ‘‘Standard Criteria for Safety Systems located at 11555 Rockville Pike, be due on the death of a railroad for Nuclear Power Generating Stations.’’ Rockville, Maryland; the PDR’s mailing employee or a survivor annuitant include (1) a lump-sum death benefit (2) In Revision 2 of Regulatory Guide address is USNRC PDR, Washington, DC a residual lump-sum payment (3) 1.152, the staff endorses IEEE Std 7– 20555–0001. The PDR can also be accrued annuities due but unpaid at 4.3.2–2003, with certain exceptions, as reached by telephone at (301) 415–4737 death, and (4) monthly survivor an acceptable method for satisfying the or (800) 397–4205, by fax at (301) 415– 3548, and by e-mail to [email protected]. insurance payments. The requirements NRC’s regulations with respect to (1) Requests for single copies of draft or for determining the entitlement of high functional reliability and design final guides (which may be reproduced) possible beneficiaries to these benefits requirements for computers used in or for placement on an automatic are prescribed in 20 CFR 234. safety systems of nuclear power plants, distribution list for single copies of and (2) independence between safety When the RRB receives notification of future draft guides in specific divisions software and nonsafety software the death of a railroad employee or should be made in writing to the U.S. residing on the same computer. survivor annuitant, an RRB field office Nuclear Regulatory Commission, utilizes Form RL–94–F, Survivor The NRC previously solicited public Washington, DC 20555–0001, Attention: comments on this revised guide by Questionnaire, to secure additional Reproduction and Distribution Services information from surviving relatives publishing a Federal Register notice (69 Section; by e-mail to FR 75359) concerning Draft Regulatory needed to determine if any further [email protected]; or by fax to benefits are payable under the RRA. Guide DG–1130 on December 16, 2004. (301) 415–2289. Telephone requests Following the closure of the public Completion is voluntary. One response cannot be accommodated. is requested of each respondent. comment period on March 14, 2005, the Regulatory guides are not staff considered all stakeholder copyrighted, and Commission approval The RRB proposes no changes to comments in the course of preparing is not required to reproduce them. Form RL–94–F. The completion time for Revision 2 of Regulatory Guide 1.152. (5 U.S.C. 552(a)) the RL–94–F is estimated at between 5 The NRC staff encourages and to 11 minutes. The RRB estimates that welcomes comments and suggestions in Dated at Rockville, Maryland, this 30th day approximately 8,000 responses are of December, 2005. connection with improvements to received annually. published regulatory guides, as well as For the U.S. Nuclear Regulatory Commission, Additional Information or Comments: items for inclusion in regulatory guides To request more information or to that are currently being developed. You James T. Wiggins, Deputy Director, Office of Nuclear Regulatory obtain a copy of the information may submit comments by any of the collection justification, forms, and/or following methods. Research. [FR Doc. E6–619 Filed 1–19–06; 8:45 am] supporting material, please call the RRB Mail comments to: Rules and Clearance Officer at (312) 751–3363 or BILLING CODE 7590–01–P Directives Branch, Office of send an e-mail request to Administration, U.S. Nuclear Regulatory [email protected]. Comments Commission, Washington, DC 20555– regarding the information collection RAILROAD RETIREMENT BOARD 0001. should be addressed to Ronald J. Hand-deliver comments to: Rules and Proposed Collection; Comment Hodapp, Railroad Retirement Board, 844 Directives Branch, Office of Request North Rush Street, Chicago, Illinois Administration, U.S. Nuclear Regulatory 60611–2092 or send an e-mail to Commission, 11555 Rockville Pike, Summary: In accordance with the [email protected]. Written Rockville, Maryland 20852, between requirement of Section 3506(c)(2)(A) of comments should be received within 60 7:30 a.m. and 4:15 p.m. on Federal the Paperwork Reduction Act of 1995 days of this notice. workdays. which provides opportunity for public Fax comments to: Rules and comment on new or revised data Charles Mierzwa, Directives Branch, Office of collections, the Railroad Retirement Clearance Officer. Administration, U.S. Nuclear Regulatory Board (RRB) will publish periodic [FR Doc. E6–629 Filed 1–19–06; 8:45 am] Commission at (301) 415–5144. summaries of proposed data collections. BILLING CODE 7905–01–P

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RAILROAD RETIREMENT BOARD The RRB utilizes Form BA–11 or its SECURITIES AND EXCHANGE electronic equivalent(s) to obtain gross COMMISSION Proposed Data Collection Available for earnings information from railroad Public Comment and [Release No. 34–53013A; File No. SR-BSE– employers. One response is requested of 2005–49] Recommendations each railroad employer. Completion is Summary: In accordance with the mandatory. No changes are proposed to Self-Regulatory Organizations; Boston requirement of Section 3506(c)(2)(A) of Form BA–11. Stock Exchange, Inc.; Notice of Filing and Order Granting Accelerated the Paperwork Reduction Act of 1995 Estimate of Annual Respondent Burden which provides opportunity for public Approval of a Proposed Rule Change comment on new or revised data Gross earnings reports are required and Amendment No. 1 Thereto collections, the Railroad Retirement annually from all employers reporting Relating to the Market Opening Board (RRB) will publish periodic railroad service and compensation. Procedures of the Boston Options summaries of proposed data collections. There are approximately 635 railroad Exchange Facility Comments are invited on: (a) Whether employers who currently report gross January 13, 2006. the proposed information collection is earnings to the RRB. Most large railroad necessary for the proper performance of employers include their railroad Correction the functions of the agency, including subsidiaries in their gross earnings In FR Document No. E5–8045, whether the information has practical reports. This results in the RRB beginning on page 77218 for Thursday, utility; (b) the accuracy of the RRB’s collecting less than 637 earnings December 29, 2005, the title of the estimate of the burden of the collection reports. Also, there are a large number document incorrectly referenced the of the information; (c) ways to enhance of railroad employers having work National Association of Securities the quality, utility, and clarity of the forces so small that they do not have Dealers, Inc. instead of the Boston Stock information to be collected; and (d) employees with social security numbers Exchange, Inc. The correct title is as ways to minimize the burden related to ending in ‘‘30.’’ Currently, there are 338 written above. the collection of information on such employers in this category who file For the Commission, by the Division of respondents, including the use of ‘‘negative’’ BA–11 responses to the RRB. Market Regulation, pursuant to delegated automated collection techniques or Overall, on an annual basis, the RRB authority.1 other forms of information technology. receives 84 reports consisting of Nancy M. Morris, Title and purpose of information computer prepared tapes or diskettes Secretary. collection: Gross Earnings Report; OMB and 77 by means of manually prepared [FR Doc. E6–585 Filed 1–19–06; 8:45 am] 3220–0132. Form BA–11. The RRB estimates an BILLING CODE 8010–01–P In order to carry out the financial average preparation time of 5 hours for interchange provisions of section 7(c)(2) each gross earnings report submitted by of the Railroad Retirement Act (RRA), computer tape, 30 minutes for each DEPARTMENT OF STATE the RRB obtains annually from railroad diskette, 30 minutes for each manually employer’s the gross earnings for their [Public Notice 5276] prepared Form BA–11, and 15 minutes employees on a one-percent basis, i.e., 1% of each employer’s railroad for each negative response. 60-Day Notice of Proposed Information employees. The gross earnings sample is Additional Information or Comments: Collection: Reconstruction and based on the earnings of employees To request more information or to Stabilization Volunteer Application and whose social security numbers end with obtain a copy of the information Evaluation, OMB Control Number 1405- the digits ‘‘30.’’ The gross earnings are collection justification, forms, and/or XXXX used to compute payroll taxes under the supporting material, please call the RRB ACTION: Notice of request for public financial interchange. Clearance Officer at (312) 751–3363 or comments. The gross earnings information is send an e-mail request to essential in determining the tax [email protected]. Comments SUMMARY: The Department of State is amounts involved in the financial regarding the information collection seeking Office of Management and interchange with the Social Security should be addressed to Ronald J. Budget (OMB) approval for the Administration and Centers for Hodapp, Railroad Retirement Board, 844 information collection described below. Medicare and Medicaid Services. North Rush Street, Chicago, Illinois The purpose of this notice is to allow 60 Besides being necessary for current 60611–2092 or send an e-mail to days for public comment in the Federal financial interchange calculations, the [email protected]. Written Register preceding submission to OMB. gross earnings file tabulations are also comments should be received within 60 We are conducting this process in an integral part of the data needed to days of this notice. accordance with the Paperwork estimate future tax income and Reduction Act of 1995. corresponding financial interchange Charles Mierzwa, • Title of Information Collection: amounts. These estimates are made for Clearance Officer. Reconstruction and Stabilization internal use and to satisfy requests from [FR Doc. E6–630 Filed 1–19–06; 8:45 am] Volunteer Application and Evaluation. • other government agencies and BILLING CODE 7905–01–P OMB Control Number: 1405-XXXX. interested groups. In addition, cash flow • Type of Request: New Collection. projections of the social security • Originating Office: Office of the equivalent benefit account, railroad Coordinator for Reconstruction & retirement account and cost estimates Stabilization, S/CRS. made for proposed amendments to laws • Form Numbers: DS–4096 and SV– administered by the RRB are dependent 2005–0011. on input developed from the information collection. 1 17 CFR 200.30–3(a)(12).

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• Respondents: Civilians who have have been involved in reconstruction Manning, Attorney-Adviser, Office of past experience in Reconstruction & and stabilization activities. The the Legal Adviser, U.S. Department of Stabilization (R & S) activities and/or application will be used to solicit State (telephone: 202/453–8052). The wish to volunteer for additional R & S volunteers who are willing to address is U.S. Department of State, SA– deployments. participate in future operations. 44, 301 4th Street, SW. Room 700, • Estimated Number of Respondents: Methodology: Washington, DC 20547–0001. 2400 per year. Respondents can access both Dated: January 11, 2006. • Estimated Number of Responses: information collection instruments via C. Miller Crouch, 2400 per year. the S/CRS Web site (http:// • Average Hours Per Response: 30 Principal Deputy Assistant Secretary for www.crs.state.gov), and will fill them Educational and Cultural Affairs, Department minutes. out and submit them electronically. of State. • Total Estimated Burden: 1200 Dated: November 8, 2005. Hours. [FR Doc. E6–631 Filed 1–19–06; 8:45 am] • Frequency: On Occasion. Marcia K. Wong, BILLING CODE 4710–05–P • Obligation to Respond: Voluntary. Principal Deputy Coordinator, Office of the Coordinator for Reconstruction & DATES: The Department will accept Stabilization, Department of State. DEPARTMENT OF STATE comments from the public up to 60 days Dated: November 8, 2005. from January 20, 2006. [Public Notice 5265] Christopher Hoh, ADDRESSES: You may submit comments Director of Response Strategy & Resource Announcement of Meetings of the by any of the following methods: Management, Office of the Coordinator for International Telecommunication • E-mail: [email protected]. • Reconstruction & Stabilization, Department Advisory Committee Mail (paper, disk, or CD–ROM of State. submissions): Suite 7100, 2121 Virginia [FR Doc. E6–632 Filed 1–19–06; 8:45 am] Summary: This notice cancels certain Avenue, NW., Washington, DC 20520 BILLING CODE 4710–10–P previously announced International You must include the DS form Telecommunication Advisory number (if applicable), information Committee meetings originally collection title, and OMB control DEPARTMENT OF STATE scheduled to prepare for the number in any correspondence. International Telecommunication Union [Public Notice 5277] FOR FURTHER INFORMATION CONTACT: World Telecommunication Direct requests for additional Culturally Significant Objects Imported Development Conference. information regarding the collection for Exhibition Determinations: The International Telecommunication listed in this notice, including requests ‘‘Without Boundary: Seventeen Ways Advisory Committee (ITAC) cancels for copies of the proposed information of Looking’’ meetings to prepare for the ITU WTDC– collection and supporting documents, to 06 previously scheduled for February 2, James Stansell, Suite 7100, 2121 Summary: Notice is hereby given of 9, 16, and 23, 2006. Virginia Ave., NW., Washington, DC the following determinations: Pursuant Dated: January 13, 2006. 20520 who may be reached on (202) to the authority vested in me by the Act Cecily Holiday, 663–0850 or at [email protected]. of October 19, 1965 (79 Stat. 985; 22 Director, Radiocommunication Affairs, SUPPLEMENTARY INFORMATION: U.S.C. 2459), Executive Order 12047 of International Communications & Information We are soliciting public comments to March 27, 1978, the Foreign Affairs Policy, Department of State. permit the Department to: Reform and Restructuring Act of 1998 [FR Doc. E6–633 Filed 1–19–06; 8:45 am] • (112 Stat. 2681, et seq.; 22 U.S.C. 6501 Evaluate whether the proposed BILLING CODE 4710–07–P information collection is necessary for note, et seq.), Delegation of Authority the proper performance of our No. 234 of October 1, 1999, Delegation functions. of Authority No. 236 of October 19, DEPARTMENT OF STATE • Evaluate the accuracy of our 1999, as amended, and Delegation of estimate of the burden of the proposed Authority No. 257 of April 15, 2003 [68 [Public Notice 5264] collection, including the validity of the FR 19875], I hereby determine that the Second Public Meeting of the Advisory methodology and assumptions used. objects to be included in the exhibition • Committee on Persons With Enhance the quality, utility, and ‘‘Without Boundary: Seventeen Ways of Disabilities clarity of the information to be Looking’’, imported from abroad for collected. temporary exhibition within the United Summary: The Advisory Committee • Minimize the reporting burden on States, are of cultural significance. The on Persons with Disabilities will those who are to respond, including the objects are imported pursuant to loan conduct its second public meeting on use of automated collection techniques agreements with the foreign owners or February 6, 2006 from 9 a.m.–4 p.m. at or other forms of technology. custodians. I also determine that the the Reagan Building and International Abstract of proposed collection: The exhibition or display of the exhibit Trade Center, 1300 Pennsylvania information collected is an important objects at The Museum of Modern Art, Avenue, NW., Washington, DC 20004. part of the Department’s responsibility from on or about February 21, 2006, Please see, http://www.itcdc.com/ to coordinate U.S. Government until on or about May 22, 2006, and at index.php. planning, and institutionalize U.S. possible additional venues yet to be Attendees must have valid, capacity, to help stabilize and determined, is in the national interest. government-issued identification in reconstruct societies in transition from Public Notice of these Determinations is order to enter the building. conflict or civil strife so they can reach ordered to be published in the Federal The Advisory Committee is made up a sustainable path toward peace, Register. of the Secretary of State, the democracy and a market economy. The For Further Information Contact: For Administrator for International evaluation will be conducted in order to further information, including a list of Development and an Executive Director learn from the experiences of those who the exhibit objects, contact Paul (all ex-officio members); and eight

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members from outside the United States Docks and Terminals in the Tennessee OST–2005–21533 and addressed to U.S. Government: Senda Benaissa, Walter Valley and Parts of the Surrounding Department of Transportation, Docket Bollinger, Joni Eareckson Tada, Vail National Inland Waterway Network. Operations, (M–30, Room PL–401), 400 Horton, John Kemp, Albert H. Linden, Frequency of Use: Occasional. Seventh Street, SW., Washington, DC Jr., Kathleen Martinez, and John Type of Affected Public: Federal, State 20590, and should be served upon the Register. and Local Governments, and Private parties listed in Attachment A to the Established on June 23, 2004, the Industry. order. Small Businesses or Organizations Advisory Committee serves the FOR FURTHER INFORMATION CONTACT: Secretary and the Administrator in an Affected: Yes. Damon D. Walker, Air Carrier Fitness advisory capacity with respect to the Federal Budget Functional Category Division (X–56, Room 6401), U.S. consideration of the interests of persons Code: 450. Department of Transportation, 400 Estimated Number of Annual with disabilities in formulation and Seventh Street, SW., Washington, DC Responses: 567. implementation of U.S. foreign policy 20590, (202) 366–7785. and foreign assistance. The Committee Estimated Total Annual Burden is established under the general Hours: 567 hours. Dated: January 13, 2006. authority of the Secretary and the Estimated Average Burden Hours Per Robert S. Goldner, Department of State as set forth in Title Response: 1 hour. Special Counsel to Assistant Secretary for 22 of the United States Code, in Need For and Use of Information: The Aviation and International Affairs. particular Sections 2656 and 2651a, and information collection is necessary to [FR Doc. E6–624 Filed 1–19–06; 8:45 am] in accordance with the Federal assess the service capability of BILLING CODE 4910–62–P Advisory Committee Act, as amended. waterway docks and terminals located Dated: January 13, 2006. in the Tennessee Valley and surrounding States. The data will be DEPARTMENT OF TRANSPORTATION Stephanie Ortoleva, used to help potential industrial clients Foreign Affairs Officer, Bureau of Democracy, with decisions regarding transportation Surface Transportation Board Human Rights and Labor, Department of State. information and the handling [STB Finance Docket No. 34811] capabilities of waterway facilities [FR Doc. E6–634 Filed 1–19–06; 8:45 am] located on various river segments. This New Amsterdam & Seneca Railroad BILLING CODE 4710–18–P is vital information for industry when Company, LLC—Lease and Operation deciding where the most economic Exemption—Line in Fostoria, OH location is for a new plant site or TENNESSEE VALLEY AUTHORITY project. In addition, the data collection New Amsterdam & Seneca Railroad surrounding the waterway terminals Company (NASR), a noncarrier, has Paperwork Reduction Act of 1995, as located on the Tennessee River is filed a verified notice of exemption Amended by Public Law 104–13; necessary for use in updating TVA’s under 49 CFR 1150.31 to lease from Submission for OMB Review; river performance indicator. Sunny Farms Landfill, LLC (Sunny Comment Request Farms), also a noncarrier, and operate Jacklyn J. Stephenson, approximately 1.25 miles of rail line in AGENCY: Tennessee Valley Authority Senior Manager, Enterprise Operations, Fostoria, OH.1 The line does not have (TVA). Information Services. any milepost numbers but it connects ACTION: Submission for OMB Review; [FR Doc. E6–614 Filed 1–19–06; 8:45 am] with CSX Transportation’s Fostoria comment request. BILLING CODE 8120–08–P Subdivision line at milepost BI 36. NASR certifies that its projected SUMMARY: The information collection annual revenues as a result of the described below will be submitted to transaction will not exceed those that the Office of Management and Budget DEPARTMENT OF TRANSPORTATION would qualify it as a Class III rail carrier (OMB) for review, as required by the Office of the Secretary and will not exceed $5 million. Paperwork Reduction Act of 1995 (44 NASR states that the parties propose U.S.C. Chapter 35, as amended). The Application of Friendship Airways, Inc. to consummate the transaction on or Tennessee Valley Authority is soliciting D/B/A Yellow Air Taxi for Commuter after January 15, 2006.2 public comments on this proposed Authority collection as provided by 5 CFR If the verified notice contains false or 1320.8(d)(1). Requests for information, AGENCY: Department of Transportation. misleading information, the exemption is void ab initio. Petitions to revoke the including copies of the information ACTION: Notice of Order to Show Cause exemption under 49 U.S.C. 10502(d) collection proposed and supporting (Order 2006–1–11), Docket OST–2005– may be filed at any time. The filing of documentation, should be directed to 21533. the Agency Clearance Office: Alice D. a petition to revoke will not Witt, Tennessee Valley Authority, 1101 SUMMARY: The Department of automatically stay the transaction. Market Street (EB 5B), Chattanooga, Transportation is directing all interested An original and 10 copies of all Tennessee 37402–2801; (423) 751–6832. persons to show cause why it should pleadings, referring to STB Finance Comments should be sent to OMB not issue an order finding Friendship Docket No. 34811, must be filed with Office of Information and Regulatory Airways, Inc. d/b/a Yellow Air Taxi fit, the Surface Transportation Board, 1925 Affairs, Attention: Desk Officer for the willing, and able, and awarding it Commuter Air Carrier Authorization. 1 NASR and Sunny Farms are both wholly owned Tennessee Valley Authority February subsidiaries of Regus Industries, LLC, which is in 21, 2006. DATES: Persons wishing to file turn controlled by Gordon Reger. Mr. Reger also has SUPPLEMENTARY INFORMATION: objections should do so no later than a controlling interest in the New York Cross Harbor January 27, 2006. Railroad Corporation, a Class III rail carrier. Type of Request: Regular submission. 2 Prior to consummation, Mr. Reger will require Title of Information Collection: ADDRESSES: Objections and answers to Board authorization to continue in control of NASR Economic Assessment of Waterway objections should be filed in Docket upon NASR’s becoming a Class III rail carrier.

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K Street, NW., Washington, DC 20423– OMB Number: 1535–0118. 3506(c)(2)(A). Currently the Bureau of 0001. In addition, a copy of each Form Number: PD F 5336. the Public Debt within the Department pleading must be served on James E. Abstract: The information is of the Treasury is soliciting comments Howard LLC, One Thompson Square, requested to support a request for concerning the electronic process for Suite 201, Charleston, MA 02129. distribution when a decedent’s estate is selling/issuing, servicing, and making Board decisions and notices are not being administered. payments on or redeeming U.S. available on our Web site at http:// Current Actions: None. Treasury securities. www.stb.dot.gov. Type of Review: Extension. Affected Public: Individuals or DATES: Written comments should be Decided: January 12, 2006. households. received on or before March 21, 2006, to By the Board, David M. Konschnik, Estimated Number of Respondents: be assured of consideration. Director, Office of Proceedings. 25,350. ADDRESSES: Direct all written comments Vernon A. Williams, Estimated Time Per Respondent: 30 to Bureau of the Public Debt, Vicki S. Secretary. minutes. Thorpe, 200 Third Street, Parkersburg, [FR Doc. 06–477 Filed 1–19–06; 8:45 am] Estimated Total Annual Burden WV 26106–1328, or e-mail to BILLING CODE 4915–01–P Hours: 12,675. [email protected]. Request for Comments: Comments submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: Requests for additional information DEPARTMENT OF THE TREASURY be summarized and/or included in the request for OMB approval. All should be directed to Vicki S. Thorpe, Bureau of the Public Debt comments will become a matter of Bureau of the Public Debt, 200 Third public record. Comments are invited on: Street, Parkersburg, WV 26106–1328, Proposed Collection: Comment (a) Whether the collection of (304) 480–6553. Request information is necessary for the proper SUPPLEMENTARY INFORMATION: performance of the functions of the Title: New TreasuryDirect. ACTION: Notice and request for agency, including whether the comments. OMB Number: 1535–0138. information shall have practical utility; Abstract: The information is (b) the accuracy of the agency’s estimate SUMMARY: The Department of the requested to establish a new account Treasury, as part of its continuing effort of the burden of the collection of and process transactions. to reduce paperwork and respondent information; (c) ways to enhance the Current Actions: None. quality, utility, and clarity of the burden, invites the general public and Type of Review: Extension. information to be collected; (d) ways to other Federal agencies to take this Affected Public: Individuals. opportunity to comment on proposed minimize the burden of the collection of information on respondents, including Estimated Number of Respondents: and/or continuing information 3.47 million. collections, as required by the through the use of automated collection techniques or other forms of information Estimated Total Annual Burden Paperwork Reduction Act of 1995, Hours: 128,246. Public Law 104–13 (44 U.S.C. technology; and (e) estimates of capital or start-up costs and costs of operation, Request for Comments: Comments 3506(c)(2)(A). Currently the Bureau of submitted in response to this notice will the Public Debt within the Department maintenance, and purchase of services to provide information. be summarized and/or included in the of the Treasury is soliciting comments request for OMB approval. All Dated: January 13, 2006. concerning the Application For comments will become a matter of Disposition—United States Savings Vicki S. Thorpe, public record. Comments are invited on: Bonds/Notes and/or Related Checks Manager, Graphics, Printing and Records (a) Whether the collection of Owned by Decedent Whose Estate Is Branch. information is necessary for the proper Being Settled Without Administration. [FR Doc. E6–620 Filed 1–19–06; 8:45 am] performance of the functions of the DATES: Written comments should be BILLING CODE 4810–39–P agency, including whether the received on or before March 21, 2006 to information shall have practical utility; be assured of consideration. (b) the accuracy of the agency’s estimate DEPARTMENT OF THE TREASURY ADDRESSES: Direct all written comments of the burden of the collection of to Bureau of the Public Debt, Vicki S. Bureau of the Public Debt information; (c) ways to enhance the Thorpe, 200 Third Street, Parkersburg, quality, utility, and clarity of the WV 26106–1328, or Proposed Collection: Comment information to be collected; (d) ways to [email protected]. Request minimize the burden of the collection of FOR FURTHER INFORMATION CONTACT: information on respondents, including ACTION: Requests for additional information or Notice and request for through the use of automated collection copies of the form and instructions comments. techniques or other forms of information should be directed to Vicki S. Thorpe, technology; and (e) estimates of capital SUMMARY: The Department of the or start-up costs and costs of operation, Bureau of the Public Debt, 200 Third Treasury, as part of its continuing effort Street, Parkersburg, WV 26106–1328, maintenance, and purchase of services to reduce paperwork and respondent to provide information. (304) 480–6553. burden, invites the general public and SUPPLEMENTARY INFORMATION: other Federal agencies to take this Dated: January 13, 2006. Title: Application For Disposition— opportunity to comment on proposed Vicki S. Thorpe, United States Savings Bonds/Notes and/ and/or continuing information Manager, Graphics, Printing and Records or Related Checks Owned by Decedent collections, as required by the Branch. Whose Estate Is Being Settled Without Paperwork Reduction Act of 1995, [FR Doc. E6–622 Filed 1–19–06; 8:45 am] Administration. Public Law 104–13 (44 U.S.C. BILLING CODE 4810–39–P

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Part II

Department of Labor Office of Federal Contract Compliance Programs

41 CFR Part 60–300 Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Disabled Veterans, Recently Separated Veterans, Other Protected Veterans, and Armed Forces Service Medal Veterans; Proposed Rule

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DEPARTMENT OF LABOR • E-mail: [email protected]. veterans, and any other veterans who Include ‘‘RIN number 1215–AB46’’ in served on active duty during a war or Office of Federal Contract Compliance the subject line of the message. in a campaign or expedition for which Programs • Fax: (202) 693–1304 (for comments a campaign badge has been authorized. of 6 pages or less). OFCCP has adopted the term ‘‘other 41 CFR Part 60–300 • Mail: James C. Pierce, Acting protected veteran’’ to refer to ‘‘veterans Director, Division of Policy, Planning, who have served on active duty during RIN 1215–AB46 and Program Development, Office of a war or in a campaign or expedition for Federal Contract Compliance Programs, which a campaign badge has been Affirmative Action and Room N3422, 200 Constitution Avenue, authorized.’’ Nondiscrimination Obligations of NW., Washington, DC 20210. In addition, prior to amendment, Contractors and Subcontractors Receipt of submissions will not be VEVRAA required that the Secretary Regarding Disabled Veterans, Recently acknowledged; however, the sender may promulgate regulations requiring Separated Veterans, Other Protected request confirmation that a submission contractors ‘‘to list immediately with Veterans, and Armed Forces Service has been received by telephoning the appropriate local employment Medal Veterans OFCCP at (202) 693–0102 (voice) or service office all of its employment (202) 693–1337 (TTY) (these are not a openings except that the contractor may AGENCY: Office of Federal Contract toll-free numbers). exclude openings for executive and top Compliance Programs, Labor. All comments received, including any management positions, positions which ACTION: Notice of proposed rulemaking. personal information provided, will be are to be filled from within the available for public inspection during contractor’s organization, and positions SUMMARY: The Office of Federal Contract normal business hours at Room C3325, lasting three days or less.’’ The current Compliance Programs (OFCCP) is 200 Constitution Avenue, NW., regulation implementing VEVRAA at 41 proposing new regulations to implement Washington, DC 20210. People needing CFR 60–250.5(a) permits contractors to the amendments to the affirmative assistance to review comments will be satisfy their job listing obligations by action provisions of the Vietnam Era provided with appropriate aids such as listing employment openings either Veterans’ Readjustment Assistance Act readers or print magnifiers. Copies of with the local employment service of 1974 (‘‘VEVRAA’’) that were made by this Notice of Proposed Rulemaking will office or with the U.S. Department of the Jobs for Veterans Act (‘‘JVA’’) be made available in the following Labor’s America’s Job Bank. enacted in 2002. formats: large print; electronic file on The JVA amendments made JVA amended VEVRAA by: Raising computer disk; and audiotape. To significant changes to the affirmative the dollar amount of the Government schedule an appointment to review the action provisions of VEVRAA. First, contracts that are subject to the comments and/or to obtain this Notice section 2(b)(1) of JVA increased the requirements of VEVRAA; changing the of Proposed Rulemaking in an alternate coverage threshold from a contract of categories of veterans protected under format, contact OFCCP at the telephone $25,000 or more to a contract of the law; and changing the manner in numbers or address listed above. $100,000 or more. which the mandatory job listing Second, the JVA amendments FOR FURTHER INFORMATION CONTACT: requirement is to be implemented. The changed the categories of covered James C. Pierce, Acting Director, JVA amendments apply to Government veterans under VEVRAA. JVA Division of Policy, Planning and contracts entered into on or after eliminated the category of Vietnam era Program Development, Office of Federal December 1, 2003. veterans from coverage under VEVRAA. Contract Compliance Programs, 200 For the convenience of contractors, However, many Vietnam era veterans Constitution Avenue, NW., Room veterans, and other interested parties, may remain covered in other categories. N3422, Washington, DC 20210. OFCCP proposes to publish the JVA added as a new category of covered Telephone: (202) 693–0102 (voice) or regulations implementing the JVA veterans—those ‘‘veterans who, while (202) 693–1337 (TTY). amendments to VEVRAA in a new part. serving on active duty in the Armed This proposed rule would apply only to SUPPLEMENTARY INFORMATION: Forces, participated in a United States military operation for which an Armed Government contracts entered into on or Background after December 1, 2003. The existing Forces service medal was awarded The Jobs for Veterans Act (‘‘JVA’’), VEVRAA implementing regulations will pursuant to Executive Order 12985.’’ (Pub. L. 107–288, 116 Stat. 2033), was continue to apply to Government JVA expanded the coverage of veterans signed by President Bush on November contracts entered into before December with disabilities. Prior to amendment by 2, 2002. Section 2(b)(1) of JVA amended 1, 2003. Contractors with Government JVA, VEVRAA covered veterans rated as the affirmative action provisions of the contracts entered into both before, and having 10% to 20% serious employment Vietnam Era Veterans’ Readjustment on or after December 1, 2003, would be handicap or a disability rated 30% or Assistance Act of 1974, as amended, 38 subject to both the requirements found more by the Department of Veterans U.S.C. 4212, (‘‘VEVRAA’’). Section in the existing VEVRAA implementing Affairs. The JVA amendments expanded 2(b)(3) of JVA made the amendments regulations and the requirements in coverage to include all veterans with applicable to Government contracts today’s proposal. service-connected disabilities. JVA also entered into on or after December 1, expanded the coverage of ‘‘recently DATES: To be assured of consideration, 2003. separated veterans’’ from one to three comments must be received on or before Prior to amendment by JVA, VEVRAA years after discharge or release from March 21, 2006. required that contractors and active duty. ADDRESSES: You may submit comments, subcontractors with a nonexempt Third, JVA modified the mandatory identified by RIN number 1215–AB46, Government contract in the amount of job-listing requirement for covered by any of the following methods: $25,000 or more take affirmative action contractors. Currently, the regulation at • Federal eRulemaking Portal: http:// to employ and advance in employment 41 CFR 60–250.5 allows contractors to www.regulations.gov. Follow the qualified disabled veterans, veterans of satisfy their job listing obligations by instructions for submitting comments. the Vietnam era, recently separated listing employment openings either

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with the appropriate local employment of 1998 (VEOA) and the Veterans paragraph (b) states that this part service office or with America’s Job Benefits and Health Care Improvement applies to any Government contract or Bank. As a result of the JVA Act of 2000 (VBHCIA), (70 FR 72148, subcontract of $100,000 or more entered amendments, listing job openings solely December 1, 2005). VEOA increased the into on or after December 1, 2003. In with America’s Job Bank will no longer amount of the contract required to proposed paragraph (b), the singular comply with the requirements of establish coverage under VEVRAA from form of the term ‘‘contract’’ is used in VEVRAA. Section 2(b)(1) of JVA $10,000 to $25,000, and extended order to make clear that a single contract requires that the Secretary promulgate VEVRAA protection to ‘‘other protected in the amount of $100,000 or more is regulations that obligate each covered veterans’’—those veterans who have required to establish coverage under contractor to list all of its employment served on active duty during a war or VEVRAA; contracts are not aggregated openings with ‘‘the appropriate in a campaign or expedition for which to reach the coverage threshold. employment service delivery system (as a campaign badge has been authorized. Additionally, paragraph (b) states that a defined in section 4101(7) of this title).’’ VBHCIA extended VEVRAA protection contractor whose only covered Section 5(c)(1) of JVA defines the term to ‘‘recently separated veterans’’—those Government contract was entered into ‘‘employment service delivery system’’ veterans during the one-year period before December 1, 2003, must comply as ‘‘a service delivery system at which beginning on the date of their discharge with the requirements in the existing or through which labor exchange or release from active duty. VEVRAA implementing regulations in services, including employment, We discuss specific provisions in the part 60–250, and a contractor that has training, and placement services, are Section-by-Section Analysis below. covered contracts entered into both offered in accordance with the Wagner- Section-by-Section Analysis before and on or after December 1, 2003, Peyser Act.’’ See 38 U.S.C. 4101(7). (The must comply with the regulations in Wagner-Peyser Act established the This proposed rule is substantially proposed part 60–300 and existing part Employment Service, which is a similar to the existing VEVRAA 60–250. Proposed paragraphs (a) and nationwide system of public implementing regulations in part 60– (c)(2) refer to the four categories of employment offices.) JVA provides that 250. Indeed, most of the provisions of veterans covered under JVA: (1) a contractor also may list employment the proposed rule are identical to the Disabled veterans, (2) recently separated openings with ‘‘one-stop career centers parallel provisions in the existing veterans, (3) other protected veterans, under the Workforce Investment Act of VEVRAA implementing regulations and (4) Armed Forces service medal 1998, other appropriate service delivery except where differences are required to veterans. points, or America’s Job Bank (or any implement the amendments made by additional or subsequent national JVA. The differences between this Section 60–300.2 Definitions electronic job bank established by the proposed rule and the existing The proposed rule incorporates many Department of Labor).’’ Further, under regulations in part 60–250 are of the definitions contained in existing JVA, as under VEVRAA prior to the JVA highlighted in the section-by-section § 60–250.2 without substantive change. amendments, contractors may exclude analysis. Unless expressly specified, Some definitions in the existing § 60– from the mandatory listing requirement this proposed rule is not intended to 250.2 have been incorporated in the executive and senior management create a difference in the substantive proposed rule with modifications positions, positions that are to be filled meaning between part 60–300 and part necessitated by the JVA amendments. In with internal candidates, and positions 60–250. For a more detailed discussion addition, new definitions have been lasting three days or fewer. of provisions in the existing part 60–250 added in the proposed rule as a result The JVA amendments to VEVRAA regulations that are incorporated in this of the JVA amendments. Accordingly, apply only to contracts entered into on proposed rule without substantive some definitions in the proposed rule or after December 1, 2003. See 38 U.S.C. change see 61 FR 50080 (September 24, have no parallel definitions in the 4211 Note. Some contractors have 1996) (Federal Register Notice of existing § 60–250.2. Likewise, some Government contracts that were entered Proposed Rulemaking for current part definitions in § 60–250.2 have not been into before December 1, 2003. Therefore, 60–250 rule), 63 FR 59630 (November 4, adopted in the proposed rule because of it will be necessary for OFCCP to 1998)(Federal Register Final Rule for the changes JVA made to VEVRAA. maintain two sets of VEVRAA current part 60–250 rule), and 70 FR The proposal incorporates, without implementing regulations. OFCCP 72148 (December 1, 2005) (Federal proposes to publish regulations change, the definitions in the Register Final Rule for current part 60– paragraphs (a) through (i), (l), (q), and implementing VEVRAA’s affirmative 250 rule). action provisions, as amended by JVA, (v) of § 60–250.2. These paragraphs set in a new part 60–300. Part 60–300 will Part 60–300 forth definitions for the terms: ‘‘Act,’’ apply to contracts entered into on or The title of proposed part 60–300 lists ‘‘equal opportunity clause,’’ after December 1, 2003. The existing the four categories of veterans protected ‘‘Secretary,’’ ‘‘Deputy Assistant VEVRAA requirements in part 60–250 under JVA—disabled veterans, recently Secretary,’’ ‘‘Government,’’ ‘‘United will continue to apply to contracts separated veterans, other protected States,’’ ‘‘Recruiting and training entered into before December 1, 2003. veterans, and Armed Forces service agency,’’ ‘‘contract,’’ ‘‘Government Contractors with contracts entered into medal veterans. contract,’’ ‘‘subcontract,’’ ‘‘other both before, and on or after December 1, protected veteran,’’ and ‘‘qualification 2003, will be subject to both the Subpart A—Preliminary Matters, Equal standards.’’ requirements found in part 60–250 and Opportunity Clause The definitions in proposed the requirements proposed for part 60– paragraphs (j), (k), and (m) for the terms 300. Section 60–300.1 Purpose, ‘‘contractor,’’ ‘‘prime contractor,’’ and OFCCP recently published a final rule Applicability and Construction ‘‘subcontractor,’’ respectively, are revising the VEVRAA implementing This section discusses the purpose, substantially similar to the definitions regulations found in part 60–250 to applicability, and construction of the for these terms contained in § 60–250.2, incorporate changes made by the part 60–300 regulations. As required by except that the provisions in the Veterans Employment Opportunity Act the JVA amendments, proposed proposed rule refer to the coverage

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threshold of a contract of $100,000 or from military service for one year or appropriate local employment service more established by JVA. less. delivery system. Existing § 60–250.5(a) Proposed paragraph (n) sets forth a Proposed paragraph (r) sets forth the requires that contractors list all definition of ‘‘disabled veteran.’’ The definition for ‘‘Armed Forces service employment openings at an appropriate proposal incorporates the definition of medal veteran.’’ JVA amended VEVRAA local employment service office of the ‘‘disabled veteran’’ found in the statute. by adding as a new category of covered state employment security agency See 38 U.S.C. 4211(3). Thus, proposed veterans—those ‘‘veterans who, while wherein the opening occurs. Existing paragraph (n) provides that a ‘‘disabled serving on active duty in the Armed § 60–250.5(a) also provides that listing veteran’’ is: (1) A veteran who is entitled Forces, participated in a United States employment openings with the to compensation (or who but for the military operation for which an Armed Department of Labor’s America’s Job receipt of military retired pay would be Forces service medal was awarded Bank will satisfy the requirement to list entitled to compensation) under laws pursuant to Executive Order 12985 (61 employment openings with the local administered by the Secretary of FR 1209).’’ Armed Forces service employment service office. Veterans Affairs, or (2) a person who medals are awarded to military The JVA amendments eliminated was discharged or released from active personnel who participate in a United listing employment openings solely duty because of a service-connected States military operation deemed to be with America’s Job Bank as an option disability. The category of disabled significant activity, and who encounter for complying with the mandatory job- veterans is broader than the category of no foreign armed opposition or listing requirement. JVA requires that ‘‘special disabled veterans’’ that was imminent hostile action. The definition contractors and subcontractors list their protected under VEVRAA prior to the of Armed Forces service medal veterans employment openings with an JVA amendments. in the proposed rule is derived from the ‘‘appropriate employment service Currently, § 60–250.2(o) defines JVA. ‘‘qualified special disabled veteran’’ as Proposed paragraph (x) sets forth a delivery system.’’ See 38 U.S.C. ‘‘a special disabled veteran who satisfies definition of ‘‘compliance evaluation.’’ 4212(a)(2)(A). In addition to listing their the requisite skill, experience, education Proposed paragraph (y) incorporates employment openings with an and other job-related requirements of the definition of the ‘‘employment appropriate employment service the employment position such veteran service delivery system’’ that was added delivery system, JVA provides that holds or desires, and who, with or to the definitional section of VEVRAA, contractors and subcontractors also may without reasonable accommodation, can 38 U.S.C. 4101(7), by Section 5(c)(1) of list their employment openings with perform the essential functions of such JVA. Under JVA, ‘‘employment service one-stop career centers under the position.’’ The regulatory definition of delivery system’’ means a ‘‘service Workforce Investment Act of 1998, other qualified special disabled veteran was delivery system at which or through appropriate service delivery points, or modeled on the counterpart definition which labor exchange services, America’s Job Bank (or any additional or in the Americans with Disabilities Act. including employment, training, and subsequent national electronic job bank The JVA amendments to VEVRAA placement services, are offered in established by the U.S. Department of added a definition for the term accordance with the Wagner-Peyser Labor). Accordingly, proposed ‘‘qualified.’’ Section 2(b)(3)(B) of JVA Act.’’ paragraph (a)(2) tracks the JVA provides that, with respect to an provision, and provides that contractors employment position, the term Section 60–300.4 Coverage and must list employment openings with an ‘‘qualified’’ means ‘‘having the ability to Waivers appropriate employment service perform the essential functions of the This section is identical to § 60–250.4 delivery system, and that contractors position with or without reasonable in the existing VEVRAA regulations, may also list employment openings with accommodation for an individual with a except that proposed paragraphs (a)(1) one-stop career centers or America’s Job disability.’’ Accordingly, proposed and (a)(2) implement the JVA Bank. paragraph (o) sets forth a definition for amendments and state that contracts of JVA also made technical and the term ‘‘qualified disabled veteran’’ $100,000 or more are covered under conforming amendments to VEVRAA. In that incorporates the definition of VEVRAA. proposed paragraphs (a)(6)(i) and (ii), ‘‘qualified’’ contained in the statute. which set forth definitions for terms The proposal incorporates the Section 60–300.5 Equal Opportunity Clause used in the mandatory listing definitions for the terms ‘‘essential requirement, the term ‘‘senior functions,’’ ‘‘reasonable Proposed paragraph (a) contains the management’’ is used instead of ‘‘top accommodation,’’ and ‘‘direct threat’’ equal opportunity (EO) clause that must management’’ to conform to a technical contained in paragraphs (s), (t), and (w) be included in all covered Government amendment made by JVA. See 38 U.S.C. of existing § 60–250.2, except that the contracts and subcontracts. The 4212(a)(2)(A). In addition, the word term ‘‘special disabled veteran’’ has language of the EO clause in proposed ‘‘Programs’’ has been deleted from the been replaced with ‘‘disabled veteran.’’ paragraph (a) is identical to the language paragraphs (a)(9) and (a)(11) to Proposed paragraph (q) sets forth the of the EO clause in existing § 60– accurately describe the title of the definition of ‘‘recently separated 250.5(a), except that proposed Deputy Assistant Secretary. Paragraph veteran.’’ Under JVA, a recently paragraph (a) refers to the categories of (a)(11) also states that the subcontract or separated veteran is ‘‘any veteran during veterans protected under JVA. Thus, purchase order threshold amount is the three-year period beginning on the ‘‘disabled veterans’’ and ‘‘Armed Forces $100,000 or more. date of such veteran’s discharge or service medal veterans’’ are mentioned release from active duty.’’ The in proposed paragraph (a), while Subpart B—Discrimination Prohibited definition of recently separated veteran ‘‘special disabled veterans’’ and Section 60–300.21 Prohibitions in proposed paragraph (q) differs from ‘‘veterans of the Vietnam era’’ are the definition of the term found in referenced in existing § 60–250.5(a). This section is identical to existing existing § 60–250.2(q). Under § 60– Proposed paragraphs (a)(2) and (a)(3) set § 60–250.21, except that the categories 250.2(q), a ‘‘recently separated veteran’’ out the contractor’s obligation to list of veterans covered under JVA are is as veteran who has been discharged employment openings with the referenced in the proposal.

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Section 60–300.22 Direct Threat regulatory citations in this section are to Additionally, paragraph (b)(iii) does not Defense provisions in the proposed rule. contain references to ‘‘serious employment handicaps’’ and level of This section is identical to existing Section 60–300.43 Affirmative Action disability by percentage, as JVA protects § 60–250.22, except that the cross- Policy all disabled veterans. Further, the reference is to proposed § 60–300.2(w). This section is identical to § 60– regulatory citations in this section are to Section 60–300.23 Medical 250.43, except that this section specifies sections in the proposed rule. Examinations and Inquiries the categories of veterans covered under JVA, and contains citations to Section 60–300.64 Show Cause Notice This section is identical to existing provisions in the proposed rule. Except for the citations to provisions § 60–250.23, except that the proposal Section 60–300.44 Required Contents in the proposed rule, this section is references the category of ‘‘disabled identical to § 60–250.64. veteran(s)’’ rather than ‘‘special disabled of Affirmative Action Programs veterans.’’ With the exception of changes Section 60–300.65 Enforcement necessitated by the JVA amendments, Proceedings Section 60–300.24 Drugs and Alcohol this section is identical to § 60–250.44 Except for the citations to provisions This section is identical to existing in the existing VEVRAA implementing in the proposed rule, this section is § 60–250.24 except that this section regulations. The categories of veterans identical to § 60–250.65. includes a citation to proposed § 60– protected under JVA are referenced Section 60–300.66 Sanctions and 300.23(d). throughout this section. In addition, consistent with the technical Penalties Section 60–300.25 Health Insurance, amendments to VEVRAA, the term Except for the citations to provisions Life Insurance and Other Benefit Plans ‘‘senior management’’ is used in in the proposed rule, this section is This section is identical to § 60– paragraph (h)(2)(i), which sets out the identical to § 60–250.66. requirement that the contractor assign 250.25 in the current VEVRAA Section 60–300.69 Intimidation and responsibility for implementation of the implementing regulations, except that interference ‘‘disabled veteran’’ rather than ‘‘special AAP. Further, this section contains disabled veteran’’ is referenced in citations to provisions in the proposed This section is identical to § 60– proposed paragraph (d). rule. 250.69, except that this section refers to the categories of veterans protected Subpart C—Affirmative Action Subpart D—General Enforcement and under VEVRAA. Program Complaint Procedures Subpart E—Ancillary Matters Section 60–300.40 Applicability of the Section 60–300.60 Compliance Affirmative Action Program Evaluations Section 60–300.84 Responsibilities of Requirement This section is identical to § 60– Appropriate Employment Service 250.60, except for the differences Delivery System Proposed paragraph (a) sets out necessitated by JVA. The categories of This section is identical to § 60– contract dollar and employee thresholds veterans protected under JVA are 250.84 in the existing VEVRAA for application of the affirmative action referenced in this section. In addition, implementing regulations, except for the program requirements of Subpart C. proposed paragraph (c) provides that changes required to implement the JVA Because JVA raised the coverage OFCCP may verify whether a contractor amendments. Thus, this section threshold to a contract of $100,000 or has complied with any reporting references the categories of veterans more, the threshold for application of requirements required under regulations protected under JVA. Additionally, the AAP requirements must also promulgated by the Veterans’ consistent with the requirements of JVA, increase. Proposed paragraph (a) Employment and Training Service the term ‘‘appropriate employment provides that the AAP requirements are (VETS). Paragraph (c) of existing § 60– service delivery system’’ is used in the applicable to ‘‘every Government 250.60 provides that OFCCP may verify title and in proposed paragraphs (a) and contractor that has 50 employees and a whether a contractor is complying with (b). contract of $100,000 or more.’’ Thus, its obligation to file its Annual VETS– under the proposal, any contractor 100 Report pursuant to the regulations Appendix A to Part 60–300—Guidelines subject to VEVRAA will be required to in 41 CFR part 61–250. The regulations on a Contractor’s Duty To Provide develop a written AAP. in part 61–250, which were issued by Reasonable Accommodation Section 60–300.42 Invitation to Self- VETS, apply only to contracts entered Except for the references to the Identify into before December 1, 2003. When categories of veterans covered under VETS issues regulations establishing JVA and citations to provisions in the This section is identical to § 60– reporting requirements for contracts proposed rule, proposed Appendix A to 250.42, except that the categories of entered into on or after December 1, part 60–300 is substantially similar to veterans protected under JVA are 2003, proposed paragraph (c) gives Appendix A to part 60–250 in the referenced in this section. Proposed OFCCP authority to investigate existing VEVRAA regulations. paragraph (a) addresses the obligation of compliance with such reporting Appendix B to Part 60–300—Sample contractors to invite ‘‘disabled veterans’’ requirements. to self-identify as a veteran covered Invitation To Self-Identify under VEVRAA who wishes to benefit Section 60–300.61 Complaint Except for the references to the from the contractor’s affirmative action Procedures categories of veterans covered under program. Proposed paragraph (b) sets This section is identical to § 60– JVA and citations to provisions in the out the obligation to invite ‘‘recently 250.61, except for the changes necessary proposed rule, proposed Appendix B to separated veterans, other protected to conform to the amendments made by part 60–300 is substantially similar to veterans, and Armed Forces service JVA. This section refers to the categories Appendix B to part 60–250 in the medal veterans.’’ In addition, the of veterans protected under JVA. existing VEVRAA regulations.

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Appendix C to Part 60–300—Review of and tribal governments, in the aggregate, PART 60–300—AFFIRMATIVE ACTION Personnel Processes of $100 million or more, or increased AND NONDISCRIMINATION Proposed Appendix C to part 60–300 expenditures by the private sector of OBLIGATIONS OF CONTRACTORS is substantially similar to Appendix C to $100 million or more. AND SUBCONTRACTORS part 60–250 in the existing VEVRAA Paperwork Reduction Act REGARDING DISABLED VETERANS, regulations, except for the references to RECENTLY SEPARATED VETERANS, The information collection the categories of veterans covered under OTHER PROTECTED VETERANS, AND requirements contained in the existing JVA and citations to provisions in the ARMED FORCES SERVICE MEDAL VEVRAA regulations, with the proposed rule. VETERANS exception of those related to complaint Regulatory Procedures procedures, are currently approved Subpart A—Preliminary Matters, Equal under OMB Control No. 1215–0072 Opportunity Clause Executive Order 12866 (Recordkeeping and Reporting Sec. These VEVRAA regulations have been Requirements-Supply and Service) and 60–300.1 Purpose, applicability and drafted and reviewed in accordance OMB Control No. 1215–0163 construction. with Executive Order 12866, section (Construction Recordkeeping and 60–300.2 Definitions. 1(b), Principles of Regulation. The 60–300.3 [Reserved] Reporting). The information collection 60–300.4 Coverage and waivers. Department has determined that this requirements contained in the existing 60–300.5 Equal opportunity clause. notice of proposed rulemaking is a complaint procedures regulation are ‘‘significant regulatory action’’ under currently approved under OMB Control Subpart B—Discrimination Prohibited Executive Order 12866, section 3(f), No. 1215–0131. This proposed rule 60–300.20 Covered employment activities. Regulatory Planning and Review, but is would adopt a new set of VEVRAA 60–300.21 Prohibitions. not economically significant as defined implementing regulations that 60–300.22 Direct threat defense. in section 3(f)(1). Therefore, the incorporate the changes made by the 60–300.23 Medical examinations and information enumerated in section inquiries. JVA amendments, and apply to 60–300.24 Drugs and alcohol. 6(a)(3)(C) of the order is not required. Government contracts entered on or 60–300.25 Health insurance, life insurance Pursuant to Executive Order 12866, this after December 1, 2003. JVA amended and other benefit plans. proposed rule has been reviewed by the VEVRAA by increasing the contract Subpart C—Affirmative Action Program Office of Management and Budget. coverage threshold, changing the 60–300.40 Applicability of the affirmative Executive Order 13132 categories of veterans protected under the law, and changing the manner in action program requirement. 60–300.41 Availability of affirmative action OFCCP has reviewed this proposed which the mandatory job listing rule in accordance with Executive Order program. requirement is to be implemented. The 60–300.42 Invitation to self-identify. 13132 regarding federalism, and has increase in the contract coverage 60–300.43 Affirmative action policy. determined that it does not have threshold from $25,000 to $100,000 may 60–300.44 Required contents of affirmative ‘‘federalism implications.’’ This result in a decrease in the number of action programs. proposed rule will not ‘‘have substantial respondents and burden hours. direct effects on the States, on the Subpart D—General Enforcement and However, this proposed rule would not Complaint Procedures relationship between the national make any changes to the currently 60–300.60 Compliance evaluations. government and the States, or on the approved information collections. distribution of power and 60–300.61 Complaint procedures. Consequently, this proposed rule need 60–300.62 Conciliation agreements. responsibilities among the various not be reviewed by the Office of 60–300.63 Violation of conciliation levels of government.’’ Management and Budget under the agreements. Regulatory Flexibility Act authority of the Paperwork Reduction 60–300.64 Show cause notices. Act of 1995, 44 U.S.C. 3501 et seq. 60–300.65 Enforcement proceedings. This proposed rule, if promulgated in 60–300.66 Sanctions and penalties. final, will clarify existing requirements List of Subjects in 41 CFR Part 60–300 60–300.67 Notification of agencies. for Federal contractors. In view of this Administrative practice and 60–300.68 Reinstatement of ineligible contractors. fact and because the proposed rule does procedure, Civil rights, Employment, not substantively change existing 60–300.69 Intimidation and interference. Equal employment opportunity, 60–300.70 Disputed matters related to obligations for Federal contractors, we Government contracts, Government compliance with the Act. certify that the rule will not have a procurement, Individuals with significant economic impact on a disabilities, Investigations, Reporting Subpart E—Ancillary Matters substantial number of small business and recordkeeping requirements, and 60–300.80 Recordkeeping. entities. Therefore, a regulatory Veterans. 60–300.81 Access to records. flexibility analysis under the Regulatory 60–300.82 Labor organizations and Signed at Washington, DC, this 12th day of Flexibility Act is not required. recruiting and training agencies. January, 2006. 60–300.83 Rulings and interpretations. Unfunded Mandates Reform Victoria A. Lipnic, 60–300.84 Responsibilities of local Executive Order 12875—This Assistant Secretary for Employment employment service offices. Appendix A to Part 60–300—Guidelines on proposed rule, if promulgated in final, Standards. Charles E. James, Sr., a Contractor’s Duty To Provide will not create an unfunded Federal Reasonable Accommodation mandate upon any State, local, or tribal Deputy Assistant Secretary for Federal Appendix B to Part 60–300—Sample government. Contract Compliance. Invitation To Self-Identify Unfunded Mandates Reform Act of Accordingly, under authority of 38 Appendix C to Part 60–300—Review of 1995—This proposed rule, if U.S.C. 4212, Title 41 of the Code of Personnel Processes promulgated in final, will not include Federal Regulations, Chapter 60, Part Authority: 29 U.S.C. 793; 38 U.S.C. 4211 any Federal mandate that may result in 60–300, is proposed to be added to read and 4212; E.O. 11758 (3 CFR, 1971–1975 increased expenditures by State, local, as follows: Comp., p. 841).

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Subpart A—Preliminary Matters, Equal another Federal law or regulation, or (4) Nonpersonal services, as used in Opportunity Clause that another Federal law or regulation this paragraph (i) and paragraph (l) of prohibits an action (including the this section, includes, but is not limited § 60–300.1 Purpose, applicability and provision of a particular reasonable to, the following: Utility, construction, construction. accommodation) that would otherwise transportation, research, insurance, and (a) Purpose. The purpose of the be required by this part. fund depository. regulations in this part is to set forth the (5) Construction, as used in this standards for compliance with the § 60–300.2 Definitions. paragraph (i) and paragraph (l) of this Vietnam Era Veterans’ Readjustment For the purpose of this part: section, means the construction, Assistance Act of 1974, as amended (38 (a) Act means the Vietnam Era rehabilitation, alteration, conversion, U.S.C. 4212, or VEVRAA), which Veterans’ Readjustment Assistance Act extension, demolition, or repair of requires Government contractors and of 1974, as amended, 38 U.S.C. 4212. buildings, highways, or other changes or subcontractors to take affirmative action (b) Equal opportunity clause means improvements to real property, the contract provisions set forth in § 60– to employ and advance in employment including facilities providing utility 300.5, ‘‘Equal opportunity clause.’’ qualified covered veterans. Disabled services. The term also includes the (c) Secretary means the Secretary of veterans, recently separated veterans, supervision, inspection, and other on- other protected veterans, and Armed Labor, United States Department of Labor, or his or her designee. site functions incidental to the actual Forces service medal veterans are construction. covered veterans under VEVRAA. (d) Deputy Assistant Secretary means the Deputy Assistant Secretary for (6) Personal property, as used in this (b) Applicability. This part applies to paragraph (i) and paragraph (l) of this any Government contract or subcontract Federal Contract Compliance of the United States Department of Labor, or section, includes supplies and contracts of $100,000 or more, entered into on or for the use of real property (such as after December 1, 2003, for the his or her designee. (e) Government means the lease arrangements), unless the contract purchase, sale or use of personal for the use of real property itself property or nonpersonal services Government of the United States of America. constitutes real property (such as (including construction): Provided, that easements). subpart C of this part applies only as (f) United States, as used in this part, shall include the several States, the (j) Contractor means, unless otherwise described in § 60–300.40(a). Compliance indicated, a prime contractor or by the contractor with the provisions of District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, subcontractor holding a contract of this part will not necessarily determine $100,000 or more. its compliance with other statutes, and Guam, American Samoa, the Commonwealth of the Northern Mariana (k) Prime contractor means any compliance with other statutes will not person holding a contract of $100,000 or necessarily determine its compliance Islands, and Wake Island. (g) Recruiting and training agency more, and, for the purposes of subpart with this part. Any contractor or means any person who refers workers to D of this part, ‘‘General Enforcement subcontractor whose only contract(s) for any contractor, or who provides or and Complaint Procedures,’’ includes the purchase, sale or use of personal supervises apprenticeship or training for any person who has held a contract property and nonpersonal services employment by any contractor. subject to the Act. (including construction) was entered (h) Contract means any Government (l) Subcontract means any agreement into before December 1, 2003, must contract or subcontract. or arrangement between a contractor follow part 60–250. Any contractor or (i) Government contract means any and any person (in which the parties do subcontractor who has contracts for the agreement or modification thereof not stand in the relationship of an purchase, sale or use of personal between any contracting agency and any employer and an employee): property and nonpersonal services person for the purchase, sale or use of (1) For the purchase, sale or use of (including construction) that were personal property or nonpersonal personal property or nonpersonal entered into both before December 1, services (including construction). The services (including construction) which, 2003, and on or after December 1, 2003, term Government contract does not in whole or in part, is necessary to the must follow both parts 60–250 and 60– include agreements in which the parties performance of any one or more 300. stand in the relationship of employer contracts; or (c) Construction—(1) In general. The and employee, and federally assisted (2) Under which any portion of the Interpretive Guidance on Title I of the contracts. contractor’s obligation under any one or Americans with Disabilities Act (ADA) (1) Modification means any alteration more contracts is performed, (42 U.S.C. 12101, et seq.) set out as an in the terms and conditions of a undertaken, or assumed. appendix to 29 CFR part 1630 issued contract, including supplemental (m) Subcontractor means any person pursuant to Title I may be relied upon agreements, amendments and holding a subcontract of $100,000 or for guidance in interpreting the parallel extensions. more and, for the purposes of subpart D provisions of this part. (2) Contracting agency means any of this part, ‘‘General Enforcement and (2) Relationship to other laws. This department, agency, establishment or Complaint Procedures,’’ any person who part does not invalidate or limit the instrumentality of the United States, has held a subcontract subject to the remedies, rights, and procedures under including any wholly owned Act. any Federal law or the law of any state Government corporation, which enters (n) Disabled veteran means: or political subdivision that provides into contracts. (1) A veteran who is entitled to greater or equal protection for the rights (3) Person, as used in this paragraph compensation (or who but for the of disabled veterans, recently separated (i) and paragraph (l) of this section, receipt of military retired pay would be veterans, other protected veterans, or means any natural person, corporation, entitled to compensation) under laws Armed Forces service medal veterans as partnership or joint venture, administered by the Secretary of compared to the protection afforded by unincorporated association, state or Veterans Affairs, or this part. It may be a defense to a charge local government, and any agency, (2) A person who was discharged or of violation of this part that a challenged instrumentality, or subdivision of such released from active duty because of a action is required or necessitated by a government. service-connected disability.

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(o) Qualified disabled veteran means (i) Modifications or adjustments to a (2) Factors to be considered. In a disabled veteran who has the ability job application process that enable a determining whether an accommodation to perform the essential functions of the qualified applicant who is a disabled would impose an undue hardship on employment position with or without veteran to be considered for the position the contractor, factors to be considered reasonable accommodation. such applicant desires; 1 or include: (p) Other protected veteran means a (ii) Modifications or adjustments to (i) The nature and net cost of the person who served on active duty the work environment, or to the manner accommodation needed, taking into during a war or in a campaign or or circumstances under which the consideration the availability of tax expedition for which a campaign badge position held or desired is customarily credits and deductions, and/or outside has been authorized, under the laws performed, that enable a qualified funding; administered by the Department of disabled veteran to perform the essential (ii) The overall financial resources of Defense. functions of that position; or the facility or facilities involved in the (q) Recently separated veteran means (iii) Modifications or adjustments that provision of the reasonable any veteran during the three-year period enable the contractor’s employee who is accommodation, the number of persons beginning on the date of such veteran’s a disabled veteran to enjoy equal employed at such facility, and the effect discharge or release from active duty. benefits and privileges of employment on expenses and resources; (r) Armed Forces service medal as are enjoyed by the contractor’s other (iii) The overall financial resources of veteran means any veteran who, while similarly situated employees who are the contractor, the overall size of the serving on active duty in the Armed not disabled veterans. business of the contractor with respect (2) Reasonable accommodation may Forces, participated in a United States to the number of its employees, and the include but is not limited to: military operation for which an Armed number, type and location of its (i) Making existing facilities used by Forces service medal was awarded facilities; pursuant to Executive Order 12985 (61 employees readily accessible to and usable by disabled veterans; and (iv) The type of operation or FR 1209). operations of the contractor, including (s) Essential functions—(1) In general. (ii) Job restructuring; part-time or modified work schedules; reassignment the composition, structure and The term essential functions means functions of the work force of such fundamental job duties of the to a vacant position; acquisition or modifications of equipment or devices; contractor, and the geographic employment position the disabled separateness and administrative or fiscal veteran holds or desires. The term appropriate adjustment or modifications of examinations, training materials, or relationship of the facility or facilities in essential functions does not include the question to the contractor; and marginal functions of the position. policies; the provision of qualified readers or interpreters; and other similar (v) The impact of the accommodation (2) A job function may be considered upon the operation of the facility, essential for any of several reasons, accommodations for disabled veterans. (3) To determine the appropriate including the impact on the ability of including but not limited to the reasonable accommodation it may be other employees to perform their duties following: necessary for the contractor to initiate and the impact on the facility’s ability (i) The function may be essential an informal, interactive process with the to conduct business. because the reason the position exists is qualified disabled veteran in need of the (v) Qualification standards means the to perform that function; 2 personal and professional attributes (ii) The function may be essential accommodation. This process should identify the precise limitations resulting including the skill, experience, because of the limited number of from the disability and potential education, physical, medical, safety and employees available among whom the reasonable accommodations that could other requirements established by the performance of that job function can be overcome those limitations. (Appendix contractor as requirements which an distributed; and/or individual must meet in order to be (iii) The function may be highly A of this part provides guidance on a contractor’s duty to provide reasonable eligible for the position held or desired. specialized so that the incumbent in the accommodation.) (w) Direct threat means a significant position is hired for his or her expertise (u) Undue hardship—(1) In general. risk of substantial harm to the health or or ability to perform the particular Undue hardship means, with respect to safety of the individual or others that function. the provision of an accommodation, (3) Evidence of whether a particular cannot be eliminated or reduced by significant difficulty or expense function is essential includes, but is not reasonable accommodation. The incurred by the contractor, when limited to: determination that a disabled veteran considered in light of the factors set (i) The contractor’s judgment as to poses a direct threat shall be based on forth in paragraph (u)(2) of this section. which functions are essential; an individualized assessment of the (ii) Written job descriptions prepared individual’s present ability to perform 1 A contractor’s duty to provide a reasonable safely the essential functions of the job. before advertising or interviewing accommodation with respect to applicants who are applicants for the job; disabled veterans is not limited to those who This assessment shall be based on a (iii) The amount of time spent on the ultimately demonstrate that they are qualified to reasonable medical judgment that relies job performing the function; perform the job in issue. Disabled veteran on the most current medical knowledge applicants must be provided a reasonable and/or on the best available objective (iv) The consequences of not requiring accommodation with respect to the application the incumbent to perform the function; process if they are qualified with respect to that evidence. In determining whether an (v) The terms of a collective process (e.g., if they present themselves at the individual would pose a direct threat, bargaining agreement; correct location and time to fill out an application). the factors to be considered include: 2 Contractors must engage in such an interactive (1) The duration of the risk; (vi) The work experience of past process with a disabled veteran, whether or not a incumbents in the job; and/or reasonable accommodation ultimately is identified (2) The nature and severity of the (vii) The current work experience of that will make the person a qualified individual. potential harm; incumbents in similar jobs. Contractors must engage in the interactive process (3) The likelihood that the potential (t) Reasonable accommodation—(1) because, until they have done so, they may be harm will occur; and unable to determine whether a reasonable The term reasonable accommodation accommodation exists that will result in the person (4) The imminence of the potential means: being qualified. harm.

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(x) Compliance evaluation means any persons employed in the United States the effectuation of the Act. Such waivers one or combination of actions OFCCP to contractor establishments abroad). shall be considered only upon the may take to examine a Federal (4) Contracts with state or local request of the contractor. contractor’s or subcontractor’s governments. The requirements of the compliance with one or more of the equal opportunity clause in any contract § 60–300.5 Equal opportunity clause. requirements of the Vietnam Era or subcontract with a state or local (a) Government contracts. Each Veterans’ Readjustment Assistance Act. government (or any agency, contracting agency and each contractor (y) Employment service delivery instrumentality or subdivision thereof) shall include the following equal system means a service delivery system shall not be applicable to any agency, opportunity clause in each of its at which or through which labor instrumentality or subdivision of such covered Government contracts or exchange services, including government which does not participate subcontracts (and modifications, employment, training, and placement in work on or under the contract or renewals, or extensions thereof if not services, are offered in accordance with subcontract. included in the original contract): the Wagner-Peyser Act. (b) Waivers—(1) Specific contracts EQUAL OPPORTUNITY FOR DISABLED and classes of contracts. The Deputy VETERANS, RECENTLY SEPARATED § 60–300.3 [Reserved] Assistant Secretary may waive the VETERANS, OTHER PROTECTED § 60–300.4 Coverage and waivers. application to any contract of the equal VETERANS, AND ARMED FORCES opportunity clause in whole or part SERVICE MEDAL VETERANS (a) General—(1) Contracts and when he or she deems that special subcontracts of $100,000 or more. 1. The contractor will not discriminate circumstances in the national interest so against any employee or applicant for Contracts and subcontracts of $100,000 require. The Deputy Assistant Secretary employment because he or she is a disabled or more, are covered by this part. No may also grant such waivers to groups veteran, recently separated veteran, other contracting agency or contractor shall or categories of contracts: where it is in protected veteran, or Armed Forces service procure supplies or services in less than the national interest; where it is found medal veteran in regard to any position for usual quantities to avoid the impracticable to act upon each request which the employee or applicant for employment is qualified. The contractor applicability of the equal opportunity individually; and where such waiver clause. agrees to take affirmative action to employ, will substantially contribute to advance in employment and otherwise treat (2) Contracts for indefinite quantities. convenience in administration of the With respect to indefinite delivery-type qualified individuals without discrimination Act. When a waiver has been granted for based on their status as a disabled veteran, contracts (including, but not limited to, any class of contracts, the Deputy recently separated veteran, other protected open end contracts, requirement-type Assistant Secretary may withdraw the veteran, or Armed Forces service medal contracts, Federal Supply Schedule waiver for a specific contract or group veteran in all employment practices, contracts, ‘‘call-type’’ contracts, and of contracts to be awarded, when in his including the following: purchase notice agreements), the equal or her judgment such action is necessary i. Recruitment, advertising, and job opportunity clause shall be included application procedures; or appropriate to achieve the purposes ii. Hiring, upgrading, promotion, award of unless the contracting agency has reason of the Act. The withdrawal shall not to believe that the amount to be ordered tenure, demotion, transfer, layoff, apply to contracts awarded prior to the termination, right of return from layoff and in any year under such contract will be withdrawal, except that in rehiring; less than $100,000. The applicability of procurements entered into by formal iii. Rates of pay or any other form of the equal opportunity clause shall be advertising, or the various forms of compensation and changes in compensation; determined at the time of award for the restricted formal advertising, such iv. Job assignments, job classifications, first year, and annually thereafter for withdrawal shall not apply unless the organizational structures, position succeeding years, if any. withdrawal is made more than 10 descriptions, lines of progression, and Notwithstanding the above, the equal calendar days before the date set for the seniority lists; v. Leaves of absence, sick leave, or any opportunity clause shall be applied to opening of the bids. such contract whenever the amount of other leave; (2) National security. Any vi. Fringe benefits available by virtue of a single order is $100,000 or more. Once requirement set forth in the regulations employment, whether or not administered by the equal opportunity clause is of this part shall not apply to any the contractor; determined to be applicable, the contract whenever the head of the vii. Selection and financial support for contract shall continue to be subject to contracting agency determines that such training, including apprenticeship, and on- such clause for its duration, regardless contract is essential to the national the-job training under 38 U.S.C. 3687, of the amounts ordered, or reasonably security and that its award without professional meetings, conferences, and other expected to be ordered in any year. complying with such requirements is related activities, and selection for leaves of (3) Employment activities within the necessary to the national security. Upon absence to pursue training; United States. This part applies only to viii. Activities sponsored by the contractor making such a determination, the head including social or recreational programs; employment activities within the of the contracting agency will notify the and United States and not to employment Deputy Assistant Secretary in writing ix. Any other term, condition, or privilege activities abroad. The term within 30 days. of employment. ‘‘employment activities within the (3) Facilities not connected with 2. The contractor agrees to immediately list United States’’ includes actual contracts. The Deputy Assistant all employment openings which exist at the employment within the United States, Secretary may waive the requirements time of the execution of this contract and and decisions of the contractor made of the equal opportunity clause with those which occur during the performance of within the United States pertaining to respect to any of a contractor’s facilities this contract, including those not generated the contractor’s applicants and which he or she finds to be in all by this contract and including those occurring at an establishment of the employees who are within the United respects separate and distinct from contractor other than the one wherein the States, regarding employment activities of the contractor related to the contract is being performed, but excluding opportunities abroad (such as recruiting performance of the contract, provided those of independently operated corporate and hiring within the United States for that he or she also finds that such a affiliates, with the appropriate employment employment abroad, or transfer of waiver will not interfere with or impede service delivery system. In addition, the

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contractor also may list employment the work week to activities which are not subcontract or purchase order as the Deputy openings with one-stop career centers under directly and closely related to the Assistant Secretary for Federal Contract the Workforce Investment Act of 1998, other performance of the work described in (a) Compliance may direct to enforce such appropriate service delivery points, or through (d) of this paragraph 6.ii.; Provided, provisions, including action for America’s Job Bank (or any additional or that (e) of this paragraph 6.ii. shall not apply noncompliance. subsequent national electronic job bank in the case of an employee who is in sole [End of Clause] established by the U.S. Department of Labor). charge of an independent establishment or a 3. Listing of employment openings with physically separated branch establishment, (b) Subcontracts. Each contractor the appropriate employment service delivery or who owns at least a 20-percent interest in shall include the equal opportunity system pursuant to this clause shall be made the enterprise in which he or she is clause in each of its subcontracts subject at least concurrently with the use of any employed. to this part. other recruitment source or effort and shall iii. Positions that will be filled from within (c) Adaption of language. Such involve the normal obligations which attach the contractor’s organization means necessary changes in language may be to the placing of a bona fide job order, employment openings for which no including the acceptance of referrals of consideration will be given to persons made to the equal opportunity clause as veterans and nonveterans. The listing of outside the contractor’s organization shall be appropriate to identify properly employment openings does not require the (including any affiliates, subsidiaries, and the parties and their undertakings. hiring of any particular job applicants or parent companies) and includes any (d) Inclusion of the equal opportunity from any particular group of job applicants, openings which the contractor proposes to clause in the contract. It is not necessary and nothing herein is intended to relieve the fill from regularly established ‘‘recall’’ lists. that the equal opportunity clause be contractor from any requirements in The exception does not apply to a particular quoted verbatim in the contract. The Executive orders or regulations regarding opening once an employer decides to nondiscrimination in employment. consider applicants outside of his or her own clause may be made a part of the 4. Whenever the contractor becomes organization. contract by citation to 41 CFR 60– contractually bound to the listing provisions 7. The contractor agrees to comply with the 300.5(a). in paragraphs 2 and 3 of this clause, it shall rules, regulations, and relevant orders of the (e) Incorporation by operation of the advise the state employment security agency Secretary of Labor issued pursuant to the Act. Act. By operation of the Act, the equal in each state where it has establishments of 8. In the event of the contractor’s opportunity clause shall be considered the name and location of each hiring location noncompliance with the requirements of this to be a part of every contract and in the state: Provided, That this requirement clause, actions for noncompliance may be subcontract required by the Act and the shall not apply to state and local taken in accordance with the rules, governmental contractors. As long as the regulations, and relevant orders of the regulations in this part to include such contractor is contractually bound to these Secretary of Labor issued pursuant to the Act. a clause, whether or not it is physically provisions and has so advised the state 9. The contractor agrees to post in incorporated in such contract and agency, there is no need to advise the state conspicuous places, available to employees whether or not there is a written agency of subsequent contracts. The and applicants for employment, notices in a contract between the agency and the contractor may advise the state agency when form to be prescribed by the Deputy Assistant contractor. it is no longer bound by this contract clause. Secretary for Federal Contract Compliance, (f) Duties of contracting agencies. 5. The provisions of paragraphs 2 and 3 of provided by or through the contracting Each contracting agency shall cooperate this clause do not apply to the listing of officer. Such notices shall state the rights of employment openings which occur and are applicants and employees as well as the with the Deputy Assistant Secretary and filled outside of the 50 states, the District of contractor’s obligation under the law to take the Secretary in the performance of their Columbia, the Commonwealth of Puerto affirmative action to employ and advance in responsibilities under the Act. Such Rico, Guam, the Virgin Islands, American employment qualified employees and cooperation shall include insuring that Samoa, the Commonwealth of the Northern applicants who are disabled veterans, the equal opportunity clause is included Mariana Islands, Wake Island, and the Trust recently separated veterans, other protected in all covered Government contracts and Territories of the Pacific Islands. veterans, or Armed Forces service medal that contractors are fully informed of 6. As used in this clause: i. All employment veterans. The contractor must ensure that their obligations under the Act and this openings includes all positions except applicants or employees who are disabled part, providing the Deputy Assistant executive and senior management, those veterans are informed of the contents of the positions that will be filled from within the notice (e.g., the contractor may have the Secretary with any information which contractor’s organization, and positions notice read to a visually disabled individual, comes to the agency’s attention that a lasting three days or less. This term includes or may lower the posted notice so that it contractor is not in compliance with the full-time employment, temporary might be read by a person in a wheelchair). Act or this part, responding to requests employment of more than three days’ 10. The contractor will notify each labor for information from the Deputy duration, and part-time employment. organization or representative of workers Assistant Secretary, and taking such ii. Executive and senior management with which it has a collective bargaining actions for noncompliance as are set means any employee: (a) Whose primary agreement or other contract understanding, forth in § 60–300.66 as may be ordered duty consists of the management of the that the contractor is bound by the terms of by the Secretary or the Deputy Assistant enterprise in which he or she is employed or the Vietnam Era Veterans’ Readjustment of a customarily recognized department or Assistance Act of 1974, as amended, and is Secretary. subdivision thereof; and (b) who customarily committed to take affirmative action to and regularly directs the work of two or more employ and advance in employment Subpart B—Discrimination Prohibited other employees therein; and (c) who has the qualified disabled veterans, recently § 60–300.20 Covered employment authority to hire or fire other employees or separated veterans, other protected veterans, activities. whose suggestions and recommendations as and Armed Forces service medal veterans. to the hiring or firing and as to the 11. The contractor will include the The prohibition against advancement and promotion or any other provisions of this clause in every subcontract discrimination in this part applies to the change of status of other employees will be or purchase order of $100,000 or more, following employment activities: given particular weight; and (d) who unless exempted by the rules, regulations, or (a) Recruitment, advertising, and job customarily and regularly exercises orders of the Secretary issued pursuant to the application procedures; discretionary powers; and (e) who does not Vietnam Era Veterans’ Readjustment devote more than 20 percent, or, in the case Assistance Act of 1974, as amended, so that (b) Hiring, upgrading, promotion, of an employee of a retail or service such provisions will be binding upon each award of tenure, demotion, transfer, establishment who does not devote as much subcontractor or vendor. The contractor will layoff, termination, right of return from as 40 percent, of his or her hours of work in take such action with respect to any layoff, and rehiring;

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(c) Rates of pay or any other form of includes, but is not limited to, a aid, service, opportunity or benefit compensation and changes in relationship with: An employment or which such qualified individual compensation; referral agency; a labor organization, chooses not to accept. However, if such (d) Job assignments, job including a collective bargaining individual rejects a reasonable classifications, organizational agreement; an organization providing accommodation, aid, service, structures, position descriptions, lines fringe benefits to an employee of the opportunity or benefit that is necessary of progression, and seniority lists; contractor; or an organization providing to enable the individual to perform the (e) Leaves of absence, sick leave, or training and apprenticeship programs. essential functions of the position held any other leave; (3) Application. This paragraph (c) or desired, and cannot, as a result of that (f) Fringe benefits available by virtue applies to the contractor, with respect to rejection, perform the essential of employment, whether or not its own applicants or employees, functions of the position, the individual administered by the contractor; whether the contractor offered the will not be considered a qualified (g) Selection and financial support for contract or initiated the relationship, or disabled veteran. training, including, apprenticeships, whether the contractor accepted the (g) Qualification standards, tests and professional meetings, conferences and contract or acceded to the relationship. other selection criteria—(1) In general. It other related activities, and selection for The contractor is not liable for the is unlawful for the contractor to use leaves of absence to pursue training; actions of the other party or parties to qualification standards, employment (h) Activities sponsored by the the contract which only affect that other tests or other selection criteria that contractor including social and party’s employees or applicants. screen out or tend to screen out recreational programs; and (d) Standards, criteria or methods of individuals on the basis of their status (i) Any other term, condition, or administration. It is unlawful for the as disabled veterans, recently separated privilege of employment. contractor to use standards, criteria, or veterans, other protected veterans, or methods of administration, that are not Armed Forces service medal veterans § 60–300.21 Prohibitions. job-related and consistent with business unless the standard, test or other The term discrimination includes, but necessity, and that: selection criterion, as used by the is not limited to, the acts described in (1) Have the effect of discriminating contractor, is shown to be job-related for this section and § 60–300.23. on the basis of status as a disabled the position in question and is (a) Disparate treatment. It is unlawful veteran, recently separated veteran, consistent with business necessity. for the contractor to deny an other protected veteran, or Armed Selection criteria that concern an employment opportunity or benefit or Forces service medal veteran; or essential function may not be used to otherwise to discriminate against a (2) Perpetuate the discrimination of exclude a disabled veteran if that qualified individual because of that others who are subject to common individual could satisfy the criteria with individual’s status as a disabled veteran, administrative control. provision of a reasonable recently separated veteran, other (e) Relationship or association with a accommodation. Selection criteria that protected veteran, or Armed Forces disabled veteran, recently separated exclude or tend to exclude individuals service medal veteran. veteran, other protected veteran, or on the basis of their status as disabled (b) Limiting, segregating and Armed Forces service medal veteran. It veterans, recently separated veterans, classifying. Unless otherwise permitted is unlawful for the contractor to exclude other protected veterans, or Armed by this part, it is unlawful for the or deny equal jobs or benefits to, or Forces service medal veterans but contractor to limit, segregate, or classify otherwise discriminate against, a concern only marginal functions of the a job applicant or employee in a way qualified individual because of the job would not be consistent with that adversely affects his or her known disabled veteran, recently business necessity. The contractor may employment opportunities or status on separated veteran, other protected not refuse to hire an applicant who is a the basis of that individual’s status as a veteran, or Armed Forces service medal disabled veteran because the applicant’s disabled veteran, recently separated veteran status of an individual with disability prevents him or her from veteran, other protected veteran, or whom the qualified individual is known performing marginal functions. When Armed Forces service medal veteran. to have a family, business, social or considering a disabled veteran, recently For example, the contractor may not other relationship or association. separated veteran, other protected segregate qualified disabled veterans, (f) Not making reasonable veteran, or Armed Forces service medal recently separated veterans, other accommodation. (1) It is unlawful for veteran for an employment opportunity, protected veterans, or Armed Forces the contractor to fail to make reasonable the contractor may not rely on portions service medal veterans into separate accommodation to the known physical of such veteran’s military record, work areas or into separate lines of or mental limitations of an otherwise including his or her discharge papers, advancement. qualified applicant or employee who is which are not relevant to the (c) Contractual or other a disabled veteran, unless such qualification requirements of the arrangements.—(1) In general. It is contractor can demonstrate that the opportunity in issue. unlawful for the contractor to accommodation would impose an (2) The Uniform Guidelines on participate in a contractual or other undue hardship on the operation of its Employee Selection Procedures, 41 CFR arrangement or relationship that has the business. part 60–3, do not apply to 38 U.S.C. effect of subjecting the contractor’s own (2) It is unlawful for the contractor to 4212 and are similarly inapplicable to qualified applicant or employee who is deny employment opportunities to an this part. a disabled veteran, recently separated otherwise qualified job applicant or (h) Administration of tests. It is veteran, other protected veteran, or employee who is a disabled veteran unlawful for the contractor to fail to Armed Forces service medal veteran to based on the need of such contractor to select and administer tests concerning the discrimination prohibited by this make reasonable accommodation to employment in the most effective part. such an individual’s physical or mental manner to ensure that, when a test is (2) Contractual or other arrangement impairments. administered to a job applicant or defined. The phrase ‘‘contractual or (3) A qualified disabled veteran is not employee who is a disabled veteran other arrangement or relationship’’ required to accept an accommodation, with a disability that impairs sensory,

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manual, or speaking skills, the test (3) Examination of employees. The (1) May prohibit the illegal use of results accurately reflect the skills, contractor may require a medical drugs and the use of alcohol at the aptitude, or whatever other factor of the examination (and/or inquiry) of an workplace by all employees; applicant or employee that the test employee that is job-related and (2) May require that employees not be purports to measure, rather than consistent with business necessity. The under the influence of alcohol or be reflecting the impaired sensory, manual, contractor may make inquiries into the engaging in the illegal use of drugs at or speaking skills of such employee or ability of an employee to perform job- the workplace; applicant, except where such skills are related functions. (3) May require that all employees the factors that the test purports to (4) Other acceptable examinations behave in conformance with the measure. and inquiries. The contractor may requirements established under the (i) Compensation. In offering conduct voluntary medical Drug-Free Workplace Act of 1988 (41 employment or promotions to disabled examinations and activities, including U.S.C. 701 et seq.); veterans, recently separated veterans, voluntary medical histories, which are (4) May hold an employee who other protected veterans, or Armed part of an employee health program engages in the illegal use of drugs or Forces service medal veterans, it is available to employees at the work site. who is an alcoholic to the same unlawful for the contractor to reduce the (5) Medical examinations conducted qualification standards for employment amount of compensation offered in accordance with paragraphs (b)(2) or job performance and behavior to because of any income based upon a and (b)(4) of this section do not have to which the contractor holds its other disability-related and/or military- be job-related and consistent with employees, even if any unsatisfactory service-related pension or other business necessity. However, if certain performance or behavior is related to the disability-related and/or military- criteria are used to screen out an employee’s drug use or alcoholism; service-related benefit the applicant or applicant or applicants or an employee (5) May require that its employees employee receives from another source. or employees who are disabled veterans employed in an industry subject to such § 60–300.22 Direct threat defense. as a result of such examinations or regulations comply with the standards inquiries, the contractor must established in the regulations (if any) of The contractor may use as a demonstrate that the exclusionary the Departments of Defense and qualification standard the requirement criteria are job-related and consistent Transportation, and of the Nuclear that an individual be able to perform the with business necessity, and that Regulatory Commission, and other essential functions of the position held performance of the essential job Federal agencies regarding alcohol and or desired without posing a direct threat functions cannot be accomplished with the illegal use of drugs; and to the health or safety of the individual reasonable accommodations as required (6) May require that employees or others in the workplace. (See § 60– in this part. employed in sensitive positions comply 300.2(w) defining direct threat.) (c) Invitation to self-identify. The with the regulations (if any) of the § 60–300.23 Medical examinations and contractor shall invite applicants to self- Departments of Defense and inquiries. identify as being covered by the Act, as Transportation, and of the Nuclear (a) Prohibited medical examinations specified in § 60–300.42. Regulatory Commission, and other or inquiries. Except as stated in (d) Confidentiality and use of medical Federal agencies that apply to paragraphs (b) and (c) of this section, it information. (1) Information obtained employment in sensitive positions is unlawful for the contractor to require under this section regarding the medical subject to such regulations. a medical examination of an applicant condition or history of any applicant or (b) Drug testing—(1) General policy. or employee or to make inquiries as to employee shall be collected and For purposes of this part, a test to whether an applicant or employee is a maintained on separate forms and in determine the illegal use of drugs is not disabled veteran or as to the nature or separate medical files and treated as a considered a medical examination. severity of such a veteran’s disability. confidential medical record, except that: Thus, the administration of such drug (b) Permitted medical examinations (i) Supervisors and managers may be tests by the contractor to its job and inquiries—(1) Acceptable pre- informed regarding necessary applicants or employees is not a employment inquiry. The contractor restrictions on the work or duties of the violation of § 60–300.23. Nothing in this may make pre-employment inquiries applicant or employee and necessary part shall be construed to encourage, into the ability of an applicant to accommodations; prohibit, or authorize the contractor to perform job-related functions, and/or (ii) First aid and safety personnel may conduct drug tests of job applicants or may ask an applicant to describe or to be informed, when appropriate, if the employees to determine the illegal use demonstrate how, with or without disability might require emergency of drugs or to make employment reasonable accommodation, the treatment; and decisions based on such test results. applicant will be able to perform job- (iii) Government officials engaged in (2) Transportation employees. related functions. enforcing the laws administered by Nothing in this part shall be construed (2) Employment entrance OFCCP, including this part, or enforcing to encourage, prohibit, or authorize the examination. The contractor may the Americans with Disabilities Act, otherwise lawful exercise by contractors require a medical examination (and/or shall be provided relevant information subject to the jurisdiction of the inquiry) after making an offer of on request. Department of Transportation of employment to a job applicant and (2) Information obtained under this authority to test employees in, and before the applicant begins his or her section regarding the medical condition applicants for, positions involving employment duties, and may condition or history of any applicant or employee safety-sensitive duties for the illegal use an offer of employment on the results of shall not be used for any purpose of drugs or for on-duty impairment by such examination (and/or inquiry), if all inconsistent with this part. alcohol; and remove from safety- entering employees in the same job sensitive positions persons who test category are subjected to such an § 60–300.24 Drugs and alcohol. positive for illegal use of drugs or on- examination (and/or inquiry) regardless (a) Specific activities permitted. The duty impairment by alcohol pursuant to of their status as a disabled veteran. contractor: paragraph (b)(1) of this section.

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(3) Any information regarding the days of a request from OFCCP, unless invitation is set forth in Appendix B of medical condition or history of any the request provides for a different time. this part. Because a contractor usually employee or applicant obtained from a The contractor also shall make the may not seek advice from a disabled test to determine the illegal use of drugs, affirmative action program promptly veteran regarding placement and except information regarding the illegal available on-site upon OFCCP’s request. accommodation until after a job offer use of drugs, is subject to the has been extended, the invitation set requirements of §§ 60–300.23(b)(5) and § 60–300.41 Availability of affirmative forth in Appendix B of this part action program. 60–300.23(d)(2). contains instructions regarding The full affirmative action program modifications to be made if it is used at § 60–300.25 Health insurance, life shall be available to any employee or the pre-offer stage.) insurance and other benefit plans. applicant for employment for inspection (d) If an applicant so identifies (a) An insurer, hospital, or medical upon request. The location and hours himself or herself as a disabled veteran, service company, health maintenance during which the program may be the contractor should also seek the organization, or any agent or entity that obtained shall be posted at each advice of the applicant regarding proper administers benefit plans, or similar establishment. placement and appropriate organizations may underwrite risks, § 60–300.42 Invitation to self-identify. accommodation, after a job offer has classify risks, or administer such risks been extended. The contractor also may (a) Disabled veterans. The contractor that are based on or not inconsistent make such inquiries to the extent they shall invite applicants to inform the with state law. are consistent with the Americans with contractor whether the applicant (b) The contractor may establish, Disabilities Act of 1990 (ADA), 42 believes that he or she is a disabled sponsor, observe or administer the terms U.S.C. 12101, (e.g., in the context of veteran who may be covered by the Act of a bona fide benefit plan that are based asking applicants to describe or and wishes to benefit under the on underwriting risks, classifying risks, demonstrate how they would perform affirmative action program. Such or administering such risks that are the job). The contractor shall maintain invitation shall be extended after based on or not inconsistent with state a separate file in accordance with § 60– making an offer of employment to a job law. 300.23(d) on persons who have self- applicant and before the applicant (c) The contractor may establish, identified as disabled veterans. begins his or her employment duties, sponsor, observe, or administer the (e) The contractor shall keep all except that the contractor may invite terms of a bona fide benefit plan that is information on self identification disabled veterans to self-identify prior not subject to state laws that regulate confidential. The contractor shall to making a job offer when: insurance. provide the information to OFCCP upon (1) The invitation is made when the (d) The contractor may not deny a request. This information may be used contractor actually is undertaking qualified disabled veteran equal access only in accordance with this part. affirmative action for disabled veterans to insurance or subject a qualified (f) Nothing in this section shall relieve at the pre-offer stage; or disabled veteran to different terms or the contractor of its obligation to take (2) The invitation is made pursuant to conditions of insurance based on affirmative action with respect to those a Federal, state or local law requiring disability alone, if the disability does applicants or employees who are known affirmative action for disabled veterans. not pose increased risks. to the contractor to be disabled veterans, (e) The activities described in (b) Recently separated veterans, other protected veterans, and Armed Forces recently separated veterans, other paragraphs (a), (b) and (c) of this section protected veterans, or Armed Forces are permitted unless these activities are service medal veterans. The contractor shall invite applicants to inform the service medal veterans. used as a subterfuge to evade the (g) Nothing in this section shall contractor whether the applicant purposes of this part. relieve the contractor from liability for believes that he or she is a recently discrimination under the Act. Subpart C—Affirmative Action separated veteran, other protected Program veteran, or Armed Forces service medal § 60–300.43 Affirmative action policy. veteran who may be covered by the Act Under the affirmative action § 60–300.40 Applicability of the affirmative and wishes to benefit under the action program requirement. obligations imposed by the Act affirmative action program. Such contractors shall not discriminate (a) The requirements of this subpart invitation may be made at any time because of status as a disabled veteran, apply to every Government contractor before the applicant begins his or her recently separated veteran, other that has 50 or more employees and a employment duties. protected veteran, or Armed Forces contract of $100,000 or more. (c) The invitations referenced in service medal veteran and shall take (b) Contractors described in paragraph paragraphs (a) and (b) of this section affirmative action to employ and (a) of this section shall, within 120 days shall state that a request to benefit under advance in employment qualified of the commencement of a contract, the affirmative action program may be disabled veterans, recently separated prepare and maintain an affirmative made immediately and/or at any time in veterans, other protected veterans, and action program at each establishment. the future. The invitations also shall Armed Forces service medal veterans at The affirmative action program shall set summarize the relevant portions of the all levels of employment, including the forth the contractor’s policies and Act and the contractor’s affirmative executive level. Such action shall apply procedures in accordance with this part. action program. Furthermore, the to all employment activities set forth in This program may be integrated into or invitations shall state that the § 60–300.20. kept separate from other affirmative information is being requested on a action programs. voluntary basis, that it will be kept § 60–300.44 Required contents of (c) The affirmative action program confidential, that refusal to provide it affirmative action programs. shall be reviewed and updated will not subject the applicant to any Acceptable affirmative action annually. adverse treatment, and that it will not be programs shall contain, but not (d) The contractor shall submit the used in a manner inconsistent with the necessarily be limited to, the following affirmative action program within 30 Act. (An acceptable form for such an ingredients:

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(a) Policy statement. The contractor veterans, recently separated veterans, the requirements of this paragraph shall include an equal opportunity other protected veterans, or Armed (c)(2). policy statement in its affirmative action Forces service medal veterans for job (3) The contractor may use as a program, and shall post the policy vacancies filled either by hiring or defense to an allegation of a violation of statement on company bulletin boards. promotion, and for all training paragraph (c)(2) of this section that an The contractor must ensure that opportunities offered or available. The individual poses a direct threat to the applicants and employees who are contractor shall ensure that when a health or safety of the individual or disabled veterans are informed of the disabled veteran, recently separated others in the workplace. (See § 60– contents of the policy statement (for veteran, other protected veteran, or 300.2(w) defining direct threat.) example, the contractor may have the Armed Forces service medal veteran is (d) Reasonable accommodation to statement read to a visually disabled considered for employment physical and mental limitations. As is individual, or may lower the posted opportunities, the contractor relies only provided in § 60–300.21(f), as a matter notice so that it may be read by a person on that portion of the individual’s of nondiscrimination the contractor in a wheelchair). The policy statement military record, including his or her must make reasonable accommodation should indicate the chief executive discharge papers, that is relevant to the to the known physical or mental officer’s attitude on the subject matter, requirements of the opportunity in limitations of an otherwise qualified provide for an audit and reporting issue. The contractor shall ensure that disabled veteran unless it can system (see paragraph (h) of this its personnel processes do not demonstrate that the accommodation section) and assign overall stereotype disabled veterans, recently would impose an undue hardship on responsibility for the implementation of separated veterans, other protected the operation of its business. As a matter affirmative action activities required veterans, and Armed Forces service of affirmative action, if an employee under this part (see paragraph (i) of this medal veterans in a manner which who is known to be a disabled veteran section). Additionally, the policy should limits their access to all jobs for which is having significant difficulty state, among other things, that the they are qualified. The contractor shall performing his or her job and it is contractor will: Recruit, hire, train and periodically review such processes and reasonable to conclude that the promote persons in all job titles, and make any necessary modifications to performance problem may be related to ensure that all other personnel actions ensure that these obligations are carried the known disability, the contractor are administered, without regard to out. A description of the review and any shall confidentially notify the employee disabled veteran, recently separated necessary modifications to personnel of the performance problem and inquire veteran, other protected veteran, or processes or development of new whether the problem is related to the Armed Forces service medal veteran processes shall be included in any employee’s disability; if the employee responds affirmatively, the contractor status; and ensure that all employment affirmative action programs required shall confidentially inquire whether the decisions are based only on valid job under this part. The contractor must employee is in need of a reasonable requirements. The policy shall state that design procedures that facilitate a accommodation. employees and applicants shall not be review of the implementation of this subjected to harassment, intimidation, (e) Harassment. The contractor must requirement by the contractor and the develop and implement procedures to threats, coercion or discrimination Government. (Appendix C of this part is because they have engaged in or may ensure that its employees are not an example of an appropriate set of harassed because of their status as a engage in any of the following activities: procedures. The procedures in (1) Filing a complaint; disabled veteran, recently separated Appendix C of this part are not required (2) Assisting or participating in an veteran, other protected veteran, or and contractors may develop other investigation, compliance evaluation, Armed Forces service medal veteran. hearing, or any other activity related to procedures appropriate to their (f) External dissemination of policy, the administration of the affirmative circumstances.) outreach and positive recruitment. The action provisions of the Vietnam Era (c) Physical and mental contractor shall undertake appropriate Veterans’ Readjustment Assistance Act qualifications. (1) The contractor shall outreach and positive recruitment of 1974, as amended (VEVRAA) or any provide in its affirmative action activities such as those listed in other Federal, state or local law program, and shall adhere to, a schedule paragraphs (f)(1) through (f)(8) of this requiring equal opportunity for disabled for the periodic review of all physical section that are reasonably designed to veterans, recently separated veterans, and mental job qualification standards effectively recruit qualified disabled other protected veterans, or Armed to ensure that, to the extent qualification veterans, recently separated veterans, Forces service medal veterans; standards tend to screen out qualified other protected veterans, and Armed (3) Opposing any act or practice made disabled veterans, they are job-related Forces service medal veterans. It is not unlawful by VEVRAA or its for the position in question and are contemplated that the contractor will implementing regulations in this part or consistent with business necessity. necessarily undertake all the activities any other Federal, state or local law (2) Whenever the contractor applies listed in paragraphs (f)(1) through (f)(8) requiring equal opportunity for disabled physical or mental qualification of this section or that its activities will veterans, recently separated veterans, standards in the selection of applicants be limited to those listed. The scope of other protected veterans, or Armed or employees for employment or other the contractor’s efforts shall depend Forces service medal veterans; or change in employment status such as upon all the circumstances, including (4) Exercising any other right promotion, demotion or training, to the the contractor’s size and resources and protected by VEVRAA or its extent that qualification standards tend the extent to which existing implementing regulations in this part. to screen out qualified disabled employment practices are adequate. (b) Review of personnel processes. veterans, the standards shall be related (1) The contractor should enlist the The contractor shall ensure that its to the specific job or jobs for which the assistance and support of the following personnel processes provide for careful, individual is being considered and persons and organizations in recruiting, thorough, and systematic consideration consistent with business necessity. The and developing on-the-job training of the job qualifications of applicants contractor shall have the burden to opportunities for, qualified disabled and employees who are known disabled demonstrate that it has complied with veterans, recently separated veterans,

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other protected veterans, and Armed veterans should be made available for (i) Include it in the contractor’s policy Forces service medal veterans, to fulfill participation in career days, youth manual; its commitment to provide meaningful motivation programs, and related (ii) Inform all employees and employment opportunities to such activities in their communities. prospective employees of its veterans: (6) The contractor should send commitment to engage in affirmative (i) The Local Veterans’ Employment written notification of company policy action to increase employment Representative in the local employment to all subcontractors, vendors and opportunities for qualified disabled service office nearest the contractor’s suppliers, requesting appropriate action veterans, recently separated veterans, establishment; on their part. other protected veterans, and Armed (ii) The Department of Veterans (7) The contractor should take Forces service medal veterans. The Affairs Regional Office nearest the positive steps to attract qualified contractor should periodically schedule contractor’s establishment; disabled veterans, recently separated special meetings with all employees to (iii) The veterans’ counselors and veterans, other protected veterans, and discuss policy and explain individual coordinators (‘‘Vet-Reps’’) on college Armed Forces service medal veterans employee responsibilities; campuses; not currently in the work force who (iii) Publicize it in the company (iv) The service officers of the have requisite skills and can be newspaper, magazine, annual report and national veterans’ groups active in the recruited through affirmative action other media; area of the contractor’s establishment; measures. These persons may be located (iv) Conduct special meetings with and through the local chapters of executive, management, and (v) Local veterans’ groups and organizations of and for disabled supervisory personnel to explain the veterans’ service centers near the veterans, recently separated veterans, intent of the policy and individual contractor’s establishment. other protected veterans, and Armed (2) Formal briefing sessions should be responsibility for effective Forces service medal veterans. implementation, making clear the chief held, preferably on company premises, (8) The contractor, in making hiring executive officer’s attitude; with representatives from recruiting decisions, should consider applicants (v) Discuss the policy thoroughly in sources. Plant tours, clear and concise who are known disabled veterans, both employee orientation and explanations of current and future job recently separated veterans, other openings, position descriptions, worker protected veterans, or Armed Forces management training programs; specifications, explanations of the service medal veterans for all available (vi) Meet with union officials and/or company’s selection process, and positions for which they may be employee representatives to inform recruiting literature should be an qualified when the position(s) applied them of the contractor’s policy, and integral part of the briefing. Formal for is unavailable. request their cooperation; arrangements should be made for (g) Internal dissemination of policy. (vii) Include articles on referral of applicants, follow up with (1) A strong outreach program will be accomplishments of disabled veterans, sources, and feedback on disposition of ineffective without adequate internal recently separated veterans, other applicants. support from supervisory and protected veterans, and Armed Forces (3) The contractor’s recruitment management personnel and other service medal veterans in company efforts at all educational institutions employees. In order to assure greater publications; and should incorporate special efforts to employee cooperation and participation (viii) When employees are featured in reach students who are disabled in the contractor’s efforts, the contractor employee handbooks or similar veterans, recently separated veterans, shall develop internal procedures such publications for employees, include other protected veterans, or Armed as those listed in paragraph (g)(2) of this disabled veterans. Forces service medal veterans. An effort section for communication of its (h) Audit and reporting system. (1) should be made to participate in work- obligation to engage in affirmative The contractor shall design and study programs with Department of action efforts to employ and advance in implement an audit and reporting Veterans Affairs rehabilitation facilities employment qualified disabled system that will: which specialize in training or veterans, recently separated veterans, (i) Measure the effectiveness of the educating disabled veterans. other protected veterans, and Armed contractor’s affirmative action program; (4) The contractor should establish Forces service medal veterans. It is not (ii) Indicate any need for remedial meaningful contacts with appropriate contemplated that the contractor will action; veterans’ service organizations which necessarily undertake all the activities (iii) Determine the degree to which serve disabled veterans, recently listed in paragraph (g)(2) of this section the contractor’s objectives have been separated veterans, other protected or that its activities will be limited to attained; veterans, or Armed Forces service medal those listed. These procedures shall be (iv) Determine whether known veterans for such purposes as advice, designed to foster understanding, disabled veterans, recently separated technical assistance, and referral of acceptance and support among the veterans, other protected veterans, and potential employees. Technical contractor’s executive, management, Armed Forces service medal veterans assistance from the resources described supervisory and other employees and to have had the opportunity to participate in this paragraph may consist of advice encourage such persons to take the in all company sponsored educational, on proper placement, recruitment, necessary actions to aid the contractor training, recreational and social training and accommodations in meeting this obligation. The scope of activities; and contractors may undertake, but no such the contractor’s efforts shall depend (v) Measure the contractor’s resource providing technical assistance upon all the circumstances, including compliance with the affirmative action shall have authority to approve or the contractor’s size and resources and program’s specific obligations. disapprove the acceptability of the extent to which existing practices (2) Where the affirmative action affirmative action programs. are adequate. program is found to be deficient, the (5) Disabled veterans, recently (2) The contractor should implement contractor shall undertake necessary separated veterans, other protected and disseminate this policy internally as action to bring the program into veterans, or Armed Forces service medal follows: compliance.

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(i) Responsibility for implementation. in the affirmative action program, and to also be submitted to the Veterans’ An official of the contractor shall be examine potential instances or issues of Employment and Training Service of the assigned responsibility for discrimination. An on-site review Department of Labor directly, or through implementation of the contractor’s normally will involve an examination of the Local Veterans’ Employment affirmative action activities under this the contractor’s personnel and Representative (LVER) at the local part. His or her identity should appear employment policies, inspection and employment service office. Such parties on all internal and external copying of documents related to will assist veterans in preparing communications regarding the employment actions, and interviews complaints, promptly refer such company’s affirmative action program. with employees, supervisors, managers, complaints to OFCCP, and maintain a This official shall be given necessary hiring officials; and record of all complaints which they senior management support and staff to (iii) Where necessary, an off-site receive and forward. OFCCP shall manage the implementation of this analysis of information supplied by the inform the party forwarding the program. contractor or otherwise gathered during complaint of the progress and results of (j) Training. All personnel involved in or pursuant to the on-site review; its complaint investigation. The state the recruitment, screening, selection, (2) Off-site review of records. An employment security agency shall promotion, disciplinary, and related analysis and evaluation of the cooperate with the Deputy Assistant processes shall be trained to ensure that affirmative action program (or any part Secretary in the investigation of any the commitments in the contractor’s thereof) and supporting documentation, complaint. affirmative action program are and other documents related to the (b) Contents of complaints.—(1) In implemented. contractor’s personnel policies and general. A complaint must be signed by employment actions that may be the complainant or his or her authorized Subpart D—General Enforcement and relevant to a determination of whether representative and must contain the Complaint Procedures the contractor has complied with the following information: requirements of the Executive Order and (i) Name and address (including § 60–300.60 Compliance evaluations. regulations; telephone number) of the complainant; (a) OFCCP may conduct compliance (3) Compliance check. A (ii) Name and address of the evaluations to determine if the determination of whether the contractor contractor who committed the alleged contractor is taking affirmative action to has maintained records consistent with violation; employ, advance in employment and § 60–300.80; at the contractor’s option (iii) Documentation showing that the otherwise treat qualified individuals the documents may be provided either individual is a disabled veteran, without discrimination based on their on-site or off-site; or recently separated veteran, other status as a disabled veteran, recently (4) Focused review. An on-site review protected veteran, or Armed Forces separated veteran, other protected restricted to one or more components of service medal veteran. Such veteran, or Armed Forces service medal the contractor’s organization or one or documentation must include a copy of veteran in all employment practices. A more aspects of the contractor’s the veteran’s form DD–214, and, where compliance evaluation may consist of employment practices. applicable, a copy of the veteran’s any one or any combination of the (b) Where deficiencies are found to Benefits Award Letter, or similar following investigative procedures: exist, reasonable efforts shall be made to Department of Veterans Affairs (1) Compliance review. A secure compliance through conciliation certification, updated within one year comprehensive analysis and evaluation and persuasion pursuant to § 60–300.62. prior to the date the complaint is filed; of the hiring and employment practices (c) Reporting Requirements. During a (iv) A description of the act or acts of the contractor, the written affirmative compliance evaluation, OFCCP may considered to be a violation, including action program, and the results of the verify whether the contractor has the pertinent dates (in the case of an affirmative action efforts undertaken by complied with any reporting alleged continuing violation, the earliest the contractor. A compliance review requirement required under regulations and most recent date that the alleged may proceed in three stages: promulgated by the Veterans’ violation occurred should be stated); (i) A desk audit of the written Employment and Training Service and affirmative action program and (VETS). If the contractor has not (v) Other pertinent information supporting documentation to determine complied with any such reporting available which will assist in the whether all elements required by the requirement, OFCCP will notify VETS. investigation and resolution of the regulations in this part are included, complaint, including the name of any whether the affirmative action program § 60–300.61 Complaint procedures. known Federal agency with which the meets agency standards of (a) Place and time of filing. Any employer has contracted. reasonableness, and whether the applicant for employment with a (2) Third party complaints. A affirmative action program and contractor or any employee of a complaint filed by an authorized supporting documentation satisfy contractor may, personally, or by an representative need not identify by agency standards of acceptability. The authorized representative, file a written name the person on whose behalf it is desk audit is conducted at OFCCP complaint alleging a violation of the Act filed. The person filing the complaint, offices; or the regulations in this part. The however, shall provide OFCCP with the (ii) An on-site review, conducted at complaint may allege individual or name, address and telephone number of the contractor’s establishment to class-wide violation(s). Such complaint the person on whose behalf it is made, investigate unresolved problem areas must be filed within 300 days of the and the other information specified in identified in the affirmative action date of the alleged violation, unless the paragraph (b)(1) of this section. OFCCP program and supporting documentation time for filing is extended by OFCCP for shall verify the authorization of such a during the desk audit, to verify that the good cause shown. Complaints may be complaint by the person on whose contractor has implemented the submitted to the OFCCP, 200 behalf the complaint is made. Any such affirmative action program and has Constitution Avenue, NW., Washington, person may request that OFCCP keep complied with those regulatory DC 20210, or to any OFCCP regional, his or her identity confidential, and obligations not required to be included district, or area office. Complaints may OFCCP will protect the individual’s

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confidentiality wherever that is possible appropriate (but not necessarily limited Solicitor of Labor with a given the facts and circumstances in the to) such make whole remedies as back recommendation for the institution of complaint. pay and retroactive seniority. The enforcement proceedings to enjoin the (c) Incomplete information. Where a agreement shall also specify the time violations, to seek appropriate relief, complaint contains incomplete period for completion of the remedial and to impose appropriate sanctions, or information, OFCCP shall seek the action; the period shall be no longer any of the above in this sentence. needed information from the than the minimum period necessary to OFCCP may seek back pay and other complainant. If the information is not complete the action. make whole relief for aggrieved furnished to OFCCP within 60 days of individuals identified during a the date of such request, the case may § 60–300.63 Violation of conciliation complaint investigation or compliance be closed. agreements. evaluation. Such individuals need not (d) Investigations. The Department of (a) When OFCCP believes that a have filed a complaint as a prerequisite Labor shall institute a prompt conciliation agreement has been to OFCCP seeking such relief on their investigation of each complaint. violated, the following procedures are behalf. Interest on back pay shall be (e) Resolution of matters. (1) If the applicable: calculated from the date of the loss and complaint investigation finds no (1) A written notice shall be sent to compounded quarterly at the percentage violation of the Act or this part, or if the the contractor setting forth the violation rate established by the Internal Revenue Deputy Assistant Secretary decides not alleged and summarizing the supporting Service for the underpayment of taxes. to refer the matter to the Solicitor of evidence. The contractor shall have 15 (2) In addition to the administrative Labor for enforcement proceedings days from receipt of the notice to proceedings set forth in this section, the against the contractor pursuant to § 60– respond, except in those cases in which Deputy Assistant Secretary may, within 300.65(a)(1), the complainant and OFCCP asserts that such a delay would the limitations of applicable law, seek contractor shall be so notified. The result in irreparable injury to the appropriate judicial action to enforce Deputy Assistant Secretary, on his or employment rights of affected the contractual provisions set forth in her own initiative, may reconsider his employees or applicants. § 60–300.5, including appropriate or her determination or the (2) During the 15-day period the injunctive relief. determination of any of his or her contractor may demonstrate in writing (b) Hearing practice and procedure. designated officers who have authority that it has not violated its commitments. (1) In administrative enforcement to issue Notifications of Results of (b) In those cases in which OFCCP proceedings the contractor shall be Investigation. asserts that a delay would result in provided an opportunity for a formal (2) The Deputy Assistant Secretary irreparable injury to the employment hearing. All hearings conducted under will review all determinations of no rights of affected employees or the Act and this part shall be governed violation that involve complaints that applicants, enforcement proceedings by the Rules of Practice for are not also cognizable under Title I of may be initiated immediately without Administrative Proceedings to Enforce the Americans with Disabilities Act. proceeding through any other Equal Opportunity Under Executive (3) In cases where the Deputy requirement contained in this chapter. Order 11246 contained in 41 CFR part Assistant Secretary decides to (c) In any proceedings involving an 60–30 and the Rules of Evidence set out reconsider the determination of a alleged violation of a conciliation in the Rules of Practice and Procedure Notification of Results of Investigation, agreement OFCCP may seek for Administrative Hearings Before the the Deputy Assistant Secretary shall enforcement of the agreement itself and Office of Administrative Law Judges provide prompt notification of his or her shall not be required to present proof of contained in 29 CFR part 18, subpart B: intent to reconsider, which is effective the underlying violations resolved by Provided, That a final administrative upon issuance, and his or her final the agreement. order shall be issued within one year determination after reconsideration, to from the date of the issuance of the § 60–300.64 Show cause notices. the person claiming to be aggrieved, the recommended findings, conclusions and person making the complaint on behalf When the Deputy Assistant Secretary decision of the Administrative Law of such person, if any, and the has reasonable cause to believe that the Judge, or the submission of exceptions contractor. contractor has violated the Act or this and responses to exceptions to such (4) If the investigation finds a part, he or she may issue a notice decision (if any), whichever is later. violation of the Act or this part, OFCCP requiring the contractor to show cause, (2) Complaints may be filed by the shall invite the contractor to participate within 30 days, why monitoring, Solicitor, the Associate Solicitor for in conciliation discussions pursuant to enforcement proceedings or other Civil Rights and Labor-Management, § 60–300.62. appropriate action to ensure compliance Regional Solicitors, and Associate should not be instituted. The issuance Regional Solicitors. § 60–300.62 Conciliation agreements. of such a notice is not a prerequisite to (3) For the purposes of hearings If a compliance evaluation, complaint instituting enforcement proceedings (see pursuant to this part, references in 41 investigation or other review by OFCCP § 60–300.65). CFR part 60–30 to ‘‘Executive Order finds a material violation of the Act or 11246’’ shall mean the Vietnam Era § 60–300.65 Enforcement proceedings. this part, and if the contractor is willing Veterans’ Readjustment Assistance Act to correct the violations and/or (a) General. (1) If a compliance of 1974, as amended; to ‘‘equal deficiencies, and if OFCCP determines evaluation, complaint investigation or opportunity clause’’ shall mean the that settlement on that basis (rather than other review by OFCCP finds a violation equal opportunity clause published at referral for consideration of formal of the Act or this part, and the violation § 60–300.5; and to ‘‘regulations’’ shall enforcement) is appropriate, a written has not been corrected in accordance mean the regulations contained in this conciliation agreement shall be with the conciliation procedures in this part. required. The agreement shall provide part, or OFCCP determines that referral for such remedial action as may be for consideration of formal enforcement § 60–300.66 Sanctions and penalties. necessary to correct the violations and/ (rather than settlement) is appropriate, (a) Withholding progress payments. or deficiencies noted, including, where OFCCP may refer the matter to the With the prior approval of the Deputy

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Assistant Secretary, so much of the Secretary shall issue a written decision § 60–300.70 Disputed matters related to accrued payment due on the contract or on the request. compliance with the Act. any other contract between the (b) Petition for review. Within 30 days The procedures set forth in the regulations in this part govern all Government contractor and the Federal of its receipt of a decision denying a disputes relative to the contractor’s Government may be withheld as request for reinstatement, the contractor compliance with the Act and this part. necessary to correct any violations of may file a petition for review of the Any disputes relating to issues other the provisions of the Act or this part. decision with the Secretary. The (b) Termination. A contract may be than compliance, including contract petition shall set forth the grounds for costs arising out of the contractor’s canceled or terminated, in whole or in the contractor’s objections to the Deputy part, for failure to comply with the efforts to comply, shall be determined Assistant Secretary’s decision. The by the disputes clause of the contract. provisions of the Act or this part. petition shall be served on the Deputy (c) Debarment. A contractor may be Assistant Secretary and the Associate Subpart E—Ancillary Matters debarred from receiving future contracts Solicitor for Civil Rights and Labor- for failure to comply with the provisions Management and shall include the § 60–300.80 Recordkeeping. of the Act or this part subject to decision as an appendix. The Deputy (a) General requirements. Any reinstatement pursuant to § 60–300.68. Assistant Secretary may file a response personnel or employment record made Debarment may be imposed for an within 14 days to the petition. The or kept by the contractor shall be indefinite period, or may be imposed for Secretary shall issue the final agency preserved by the contractor for a period a fixed period of not less than six decision denying or granting the request of two years from the date of the making months but no more than three years. for reinstatement. Before reaching a of the record or the personnel action (d) Hearing opportunity. An final decision, the Secretary may issue involved, whichever occurs later. However, if the contractor has fewer opportunity for a formal hearing shall be such additional orders respecting than 150 employees or does not have a afforded to a contractor before the procedure as he or she finds appropriate Government contract of at least imposition of any sanction or penalty. in the circumstances, including an order $150,000, the minimum record retention § 60–300.67 Notification of agencies. referring the matter to the Office of period shall be one year from the date Administrative Law Judges for an The Deputy Assistant Secretary shall of the making of the record or the evidentiary hearing where there is a ensure that the heads of all agencies are personnel action involved, whichever material factual dispute that cannot be notified of any debarments taken against occurs later. Such records include, but resolved on the record before the any contractor. are not necessarily limited to, records Secretary. relating to requests for reasonable § 60–300.68 Reinstatement of ineligible § 60–300.69 Intimidation and interference. accommodation; the results of any contractors. physical examination; job (a) Application for reinstatement. A (a) The contractor shall not harass, advertisements and postings; contractor debarred from further intimidate, threaten, coerce, or applications and resumes; tests and test contracts for an indefinite period under discriminate against any individual results; interview notes; and other the Act may request reinstatement in a because the individual has engaged in records having to do with hiring, letter filed with the Deputy Assistant or may engage in any of the following assignment, promotion, demotion, Secretary at any time after the effective activities: transfer, lay-off or termination, rates of date of the debarment; a contractor (1) Filing a complaint; pay or other terms of compensation, and debarred for a fixed period may make selection for training or apprenticeship. such a request following the expiration (2) Assisting or participating in any In the case of involuntary termination of of six months from the effective date of manner in an investigation, compliance an employee, the personnel records of the debarment. In connection with the evaluation, hearing, or any other activity the individual terminated shall be kept reinstatement proceedings, all debarred related to the administration of the Act for a period of two years from the date contractors shall be required to show or any other Federal, state or local law of the termination, except that that they have established and will carry requiring equal opportunity for disabled contractors that have fewer than 150 out employment policies and practices veterans, recently separated veterans, employees or that do not have a in compliance with the Act and this other protected veterans, or Armed Government contract of at least part. Additionally, in determining Forces service medal veterans; $150,000 shall keep such records for a whether reinstatement is appropriate for (3) Opposing any act or practice made period of one year from the date of the a contractor debarred for a fixed period, unlawful by the Act or this part or any termination. Where the contractor has the Deputy Assistant Secretary also other Federal, state or local law received notice that a complaint of shall consider, among other factors, the requiring equal opportunity for disabled discrimination has been filed, that a severity of the violation which resulted veterans, recently separated veterans, compliance evaluation has been in the debarment, the contractor’s other protected veterans, or Armed initiated, or that an enforcement action attitude towards compliance, the Forces service medal veterans, or has been commenced, the contractor contractor’s past compliance history, shall preserve all personnel records (4) Exercising any other right and whether the contractor’s relevant to the complaint, compliance reinstatement would impede the protected by the Act or this part. evaluation or action until final effective enforcement of the Act or this (b) The contractor shall ensure that all disposition of the complaint, part. Before reaching a decision, the persons under its control do not engage compliance evaluation or action. The Deputy Assistant Secretary may conduct in such harassment, intimidation, term personnel records relevant to the a compliance evaluation of the threats, coercion or discrimination. The complaint, compliance evaluation or contractor and may require the sanctions and penalties contained in action would include, for example, contractor to supply additional this part may be exercised by the personnel or employment records information regarding the request for Deputy Assistant Secretary against any relating to the aggrieved person and to reinstatement. The Deputy Assistant contractor who violates this obligation. all other employees holding positions

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similar to that held or sought by the with, and to assist in, the appendix that a contractor shall make an aggrieved person, and application forms implementation of the purposes of the inquiry of a disabled veteran who is having or test papers completed by an Act. significant difficulty performing his or her unsuccessful applicant and by all other job. 1. A contractor is required to make candidates for the same position as that § 60–300.83 Rulings and interpretations. Rulings under or interpretations of the reasonable accommodations to the known for which the aggrieved person applied physical or mental limitations of an and was rejected. Act and this part shall be made by the ‘‘otherwise qualified’’ disabled veteran, (b) Failure to preserve records. Failure Deputy Assistant Secretary. unless the contractor can demonstrate that to preserve complete and accurate § 60–300.84 Responsibilities of the accommodation would impose an undue records as required by paragraph (a) of appropriate employment service delivery hardship on the operation of its business. As this section constitutes noncompliance system. stated in § 60–300.2(o), a disabled veteran is with the contractor’s obligations under qualified if he or she has the ability to (a) Appropriate employment service perform the essential functions of the the Act and this part. Where the delivery systems shall refer qualified position with or without reasonable contractor has destroyed or failed to disabled veterans, recently separated accommodation. A contractor is required to preserve records as required by this veterans, other protected veterans, and make a reasonable accommodation with section, there may be a presumption Armed Forces service medal veterans to respect to its application process if the that the information destroyed or not fill employment openings listed by disabled veteran is qualified with respect to preserved would have been unfavorable contractors with such appropriate that process. One is ‘‘otherwise qualified’’ if to the contractor: Provided, That this he or she is qualified for a job, except that, employment service delivery systems because of a disability, he or she needs a presumption shall not apply where the pursuant to the mandatory listing contractor shows that the destruction or reasonable accommodation to be able to requirements of the equal opportunity perform the job’s essential functions. failure to preserve records results from clause, and shall give priority to 2. Although the contractor would not be circumstances that are outside of the disabled veterans, recently separated expected to accommodate disabilities of contractor’s control. veterans, other protected veterans, and which it is unaware, the contractor has an (c) The requirements of this section Armed Forces service medal veterans in affirmative obligation to provide a reasonable shall apply only to records made or kept making such referrals. accommodation for applicants and on or after the date that the Office of (b) Appropriate employment service employees who are known to be disabled Management and Budget has cleared the delivery systems shall contact veterans. As stated in § 60–300.42(a) (see also requirements. Appendix B of this part), the contractor is employers to solicit the job orders required to invite applicants who have been § 60–300.81 Access to records. described in paragraph (a) of this provided an offer of employment, before they section. The employment service Each contractor shall permit access are placed on the contractor’s payroll, to delivery systems shall provide OFCCP during normal business hours to its indicate whether they are a disabled veteran upon request information pertinent to who may be covered by the Act and wish to places of business for the purpose of whether the contractor is in compliance benefit under the contractor’s affirmative conducting on-site compliance with the mandatory listing requirements action program. Section 60–300.42(d) further evaluations and complaint of the equal opportunity clause. provides that the contractor should seek the investigations and inspecting and advice of disabled veterans who ‘‘self- copying such books and accounts and Appendix A to Part 60–300—Guidelines on identify’’ in this way as to proper placement records, including computerized a Contractor’s Duty To Provide Reasonable and appropriate accommodation. Moreover, records, and other material as may be Accommodation § 60–300.44(d) provides that if an employee relevant to the matter under The guidelines in this appendix are in who is a known disabled veteran is having investigation and pertinent to large part derived from, and are consistent significant difficulty performing his or her with, the discussion regarding the duty to job and it is reasonable to conclude that the compliance with the Act or this part. performance problem may be related to the Information obtained in this manner provide reasonable accommodation contained in the Interpretive Guidance on disability, the contractor is required to shall be used only in connection with Title I of the Americans with Disabilities Act confidentially inquire whether the problem is the administration of the Act and in (ADA) set out as an appendix to the disability related and if the employee is in furtherance of the purposes of the Act. regulations issued by the Equal Employment need of a reasonable accommodation. Opportunity Commission (EEOC) 3. An accommodation is any change in the § 60–300.82 Labor organizations and implementing the ADA (29 CFR part 1630). work environment or in the way things are recruiting and training agencies. Although the following discussion is customarily done that enables a disabled (a) Whenever performance in intended to provide an independent ‘‘free- veteran to enjoy equal employment accordance with the equal opportunity standing’’ source of guidance with respect to opportunities. Equal employment clause or any matter contained in the the duty to provide reasonable opportunity means an opportunity to attain regulations in this part may necessitate accommodation under this part, to the extent the same level of performance, or to enjoy the a revision of a collective bargaining that the EEOC appendix provides additional same level of benefits and privileges of guidance which is consistent with the employment, as are available to the average agreement, the labor organizations following discussion, it may be relied upon similarly situated employee without a which are parties to such agreement for purposes of this part as well. See § 60– disability. Thus, for example, an shall be given an adequate opportunity 300.1(c). Contractors are obligated to provide accommodation made to assist an employee to present their views to OFCCP. reasonable accommodation and to take who is a disabled veteran in the performance (b) OFCCP shall use its best efforts, affirmative action. Reasonable of his or her job must be adequate to enable directly or through contractors, accommodation under VEVRAA, like the individual to perform the essential subcontractors, local officials, the reasonable accommodation required under functions of the position. The Department of Veterans Affairs, Section 503 and the ADA, is a part of the accommodation, however, does not have to vocational rehabilitation facilities, and nondiscrimination obligation. See EEOC be the ‘‘best’’ accommodation possible, so appendix cited in this paragraph. Affirmative long as it is sufficient to meet the job-related all other available instrumentalities, to action is unique to VEVRAA and Section needs of the individual being accommodated. cause any labor organization, recruiting 503, and includes actions above and beyond There are three areas in which reasonable and training agency or other those required as a matter of accommodations may be necessary: (1) representative of workers who are nondiscrimination. An example of this is the Accommodations in the application process; employed by a contractor to cooperate requirement discussed in paragraph 2 of this (2) accommodations that enable employees

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who are disabled veterans to perform the successfully, a reasonable accommodation disabled veteran’s current position would essential functions of the position held or may require the contractor to, for instance, pose an undue hardship. Reassignment is not desired; and (3) accommodations that enable modify or acquire equipment. For the required for applicants. However, in making employees who are disabled veterans to visually-impaired such accommodations may hiring decisions, contractors are encouraged enjoy equal benefits and privileges of include providing adaptive hardware and to consider applicants who are known employment as are enjoyed by employees software for computers, electronic visual disabled veterans for all available positions without disabilities. aids, braille devices, talking calculators, for which they may be qualified when the 4. The term ‘‘undue hardship’’ refers to any magnifiers, audio recordings and braille or position(s) applied for is unavailable. accommodation that would be unduly costly, large-print materials. For persons with Reassignment may not be used to limit, extensive, substantial, or disruptive, or that hearing impairments, reasonable segregate, or otherwise discriminate against would fundamentally alter the nature or accommodations may include providing employees who are disabled veterans by operation of the contractor’s business. The telephone handset amplifiers, telephones forcing reassignments to undesirable contractor’s claim that the cost of a particular compatible with hearing aids and positions or to designated offices or facilities. accommodation will impose an undue telecommunications devices for the deaf Employers should reassign the individual to hardship requires a determination of which (TDDs). For persons with limited physical an equivalent position in terms of pay, status, financial resources should be considered— dexterity, the obligation may require the etc., if the individual is qualified, and if the those of the contractor in its entirety or only provision of goose neck telephone headsets, position is vacant within a reasonable those of the facility that will be required to mechanical page turners and raised or amount of time. A ‘‘reasonable amount of provide the accommodation. This inquiry lowered furniture. time’’ should be determined in light of the requires an analysis of the financial 7. Other reasonable accommodations of totality of the circumstances. relationship between the contractor and the this type may include providing personal 10. The contractor may reassign an facility in order to determine what resources assistants such as a reader, interpreter or individual to a lower graded position if there will be available to the facility in providing travel attendant, permitting the use of are no accommodations that would enable the accommodation. If the contractor can accrued paid leave or providing additional the employee to remain in the current show that the cost of the accommodation unpaid leave for necessary treatment. The position and there are no vacant equivalent would impose an undue hardship, it would contractor may also be required to make positions for which the individual is still be required to provide the existing facilities readily accessible to and qualified with or without reasonable accommodation if the funding is available usable by disabled veterans—including areas accommodation. The contractor may from another source, e.g., the Department of used by employees for purposes other than maintain the reassigned disabled veteran at Veterans Affairs or a state vocational the performance of essential job functions the salary of the higher graded position, and must do so if it maintains the salary of rehabilitation agency, or if Federal, state or such as restrooms, break rooms, cafeterias, reassigned employees who are not disabled local tax deductions or tax credits are lounges, auditoriums, libraries, parking lots veterans. It should also be noted that the available to offset the cost of the and credit unions. This type of contractor is not required to promote a accommodation. In the absence of such accommodation will enable employees to disabled veteran as an accommodation. enjoy equal benefits and privileges of funding, the disabled veteran should be given 11. With respect to the application process, the option of providing the accommodation employment as are enjoyed by employees appropriate accommodations may include or of paying that portion of the cost which who do not have disabilities. the following: (1) Providing information constitutes the undue hardship on the 8. Another of the potential regarding job vacancies in a form accessible operation of the business. accommodations listed in § 60–300.2(t) is job to disabled veterans who are vision or 5. Section 60–300.2(t) lists a number of restructuring. This may involve reallocating hearing impaired, e.g., by making an examples of the most common types of or redistributing those nonessential, marginal announcement available in braille, in large accommodations that the contractor may be job functions which a qualified disabled print, or on audio tape, or by responding to required to provide. There are any number of veteran cannot perform to another position. job inquiries via TDDs; (2) providing readers, specific accommodations that may be Accordingly, if a clerical employee who is a interpreters and other similar assistance appropriate for particular situations. The disabled veteran is occasionally required to during the application, testing and interview discussion in this appendix is not intended lift heavy boxes containing files, but cannot process; (3) appropriately adjusting or to provide an exhaustive list of required do so because of a disability, this task may modifying employment-related examinations, accommodations (as no such list would be be reassigned to another employee. The e.g., extending regular time deadlines, feasible); rather, it is intended to provide contractor, however, is not required to allowing a disabled veteran who is blind or general guidance regarding the nature of the reallocate essential functions, i.e., those has a learning disorder such as dyslexia to obligation. The decision as to whether a functions that the individual who holds the provide oral answers for a written test, and reasonable accommodation is appropriate job would have to perform, with or without permitting an applicant, regardless of the must be made on a case-by-case basis. The reasonable accommodation, in order to be nature of his or her ability, to demonstrate contractor generally should consult with the considered qualified for the position. For skills through alternative techniques and disabled veteran in deciding on the instance, the contractor which has a security utilization of adapted tools, aids and devices; appropriate accommodation; frequently, the guard position which requires the incumbent and (4) ensuring a disabled veteran with a individual will know exactly what to inspect identity cards would not have to mobility impairment full access to testing accommodation he or she will need to provide a blind disabled veteran with an locations such that the applicant’s test scores perform successfully in a particular job, and assistant to perform that duty; in such a case, accurately reflect the applicant’s skills or may suggest an accommodation which is the assistant would be performing an aptitude rather than the applicant’s mobility simpler and less expensive than the essential function of the job for the disabled impairment. accommodation the contractor might have veteran. Job restructuring may also involve devised. Other resources to consult include allowing part-time or modified work Appendix B to Part 60–300—Sample the appropriate state vocational rehabilitation schedules. For instance, flexible or adjusted Invitation to Self-Identify services agency, the Equal Employment work schedules could benefit disabled Note: When the invitation to self-identify Opportunity Commission (1–800–669–4000 veterans who cannot work a standard is being extended to disabled veterans prior (voice), 1–800–669–6820 (TTY)), the Job schedule because of the need to obtain to an offer of employment, as is permitted in Accommodation Network (JAN) operated by medical treatment, or disabled veterans with limited circumstances under § 60– the Office of Disability Employment Policy in mobility impairments who depend on a 300.42(a)(1) and (2), paragraph 7(ii) of this the U.S. Department of Labor (1–800–526– public transportation system that is not appendix, relating to identification of 7234 or 1–800–232–9675), private disability accessible during the hours of a standard reasonable accommodations, should be organizations (including those that serve schedule. omitted. This will avoid a conflict with the veterans), and other employers. 9. Reasonable accommodation may also EEOC’s ADA Guidance, which in most cases 6. With respect to accommodations that include reassignment to a vacant position. In precludes asking a job applicant (prior to a can permit an employee who is a disabled general, reassignment should be considered job offer being made) about potential veteran to perform essential functions only when accommodation within the reasonable accommodations.

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[Sample Invitation to Self-Identify] VETERANS.] If you are a disabled veteran, to the job, provision of personal assistance 1. This employer is a Government recently separated veteran, other protected services or other accommodations. This contractor subject to the Vietnam Era veteran, or Armed Forces service medal information will assist us in placing you in Veterans’ Readjustment Assistance Act of veteran, we would like to include you under an appropriate position and in making 1974, as amended, which requires our affirmative action program. If you would accommodations for your disability. Government contractors to take affirmative like to be included under the affirmative action program, please tell us. [The Appendix C to Part 60–300—Review of action to employ and advance in Personnel Processes employment qualified disabled veterans, contractor should include here the recently separated veterans, other protected definitions of ‘‘disabled veteran,’’ ‘‘recently The following is a set of procedures which veterans, and Armed Forces service medal separated veteran,’’ ‘‘other protected contractors may use to meet the requirements veteran,’’ and ‘‘Armed Forces service medal veterans. of § 60–300.44(b): veteran’’ found in the two preceding 2. [THE FOLLOWING TEXT SHOULD BE 1. The application or personnel form of paragraphs.] USED WHEN EXTENDING AN INVITATION each known applicant who is a disabled 3. You may inform us of your desire to TO RECENTLY SEPARATED VETERANS, veteran, recently separated veteran, other benefit under the program at this time and/ OTHER PROTECTED VETERANS, AND protected veteran, or Armed Forces service or at any time in the future. ARMED FORCES SERVICE MEDAL medal veteran should be annotated to 4. Submission of this information is VETERANS ONLY.] If you are a recently identify each vacancy for which the voluntary and refusal to provide it will not separated veteran, other protected veteran, or applicant was considered, and the form subject you to any adverse treatment. The Armed Forces service medal veteran, we should be quickly retrievable for review by information provided will be used only in the Department of Labor and the contractor’s would like to include you under our ways that are not inconsistent with the affirmative action program. If you would like personnel officials for use in investigations Vietnam Era Veterans’ Readjustment and internal compliance activities. to be included under the affirmative action Assistance Act of 1974, as amended. program, please tell us. The term ‘‘recently 2. The personnel or application records of 5. The information you submit will be kept each known disabled veteran, recently separated veteran’’ refers to any veteran confidential, except that (i) supervisors and separated veteran, other protected veteran, or during the three-year period beginning on the managers may be informed regarding Armed Forces service medal veteran should date of such veteran’s discharge or release restrictions on the work or duties of disabled include (i) the identification of each from active duty. The term ‘‘other protected veterans, and regarding necessary promotion for which the covered veteran was veteran’’ refers to a person who served on accommodations; (ii) first aid and safety considered, and (ii) the identification of each active duty during a war or in a campaign or personnel may be informed, when and to the expedition for which a campaign badge has extent appropriate, if you have a condition training program for which the covered been authorized, under laws administered by that might require emergency treatment; and veteran was considered. the Department of Defense. The term ‘‘Armed (iii) Government officials engaged in 3. In each case where an employee or Forces service medal veteran’’ refers to a enforcing laws administered by OFCCP, or applicant who is a disabled veteran, recently person who, while serving on active duty in enforcing the Americans with Disabilities separated veteran, other protected veteran, or the Armed Forces, participated in a United Act, may be informed. Armed Forces service medal veteran is States military operation for which an Armed 6. [The contractor should here insert a brief rejected for employment, promotion, or Forces service medal was awarded pursuant provision summarizing the relevant portion training, the contractor should prepare a to Executive Order 12985 (62 Fed. Reg. 1209). of its affirmative action program.] statement of the reason as well as a [THE FOLLOWING TEXT SHOULD BE 7. [THE FOLLOWING TEXT SHOULD BE description of the accommodations USED WHEN EXTENDING AN INVITATION USED ONLY WHEN EXTENDING AN considered (for a rejected disabled veteran). TO DISABLED VETERANS ONLY.] If you are INVITATION TO DISABLED VETERANS, The statement of the reason for rejection (if a disabled veteran, we would like to include EITHER BY THEMSELVES OR IN the reason is medically related), and the you in our affirmative action program. If you COMBINATION WITH RECENTLY description of the accommodations would like to be included under the SEPARATED VETERANS, OTHER considered, should be treated as confidential affirmative action program, please tell us. PROTECTED VETERANS, AND ARMED medical records in accordance with § 60– This information will assist us in placing you FORCES SERVICE MEDAL VETERANS. 300.23(d). These materials should be in an appropriate position and in making PARAGRAPH 7(ii) SHOULD BE OMITTED available to the applicant or employee accommodations for your disability. The WHEN THE INVITATION TO SELF- concerned upon request. term ‘‘disabled veteran’’ refers to a veteran IDENTIFY IS BEING EXTENDED PRIOR TO 4. Where applicants or employees are who is entitled to compensation (or who but AN OFFER OF EMPLOYMENT.] If you are a selected for hire, promotion, or training and for the receipt of military retired pay would disabled veteran it would assist us if you tell the contractor undertakes any be entitled to compensation) under laws us about (i) any special methods, skills, and accommodation which makes it possible for administered by the Secretary, or was procedures which qualify you for positions him or her to place a disabled veteran on the discharged or released from active duty that you might not otherwise be able to do job, the contractor should make a record because of a service-connected disability. because of your disability so that you will be containing a description of the [THE FOLLOWING TEXT SHOULD BE considered for any positions of that kind, and accommodation. The record should be USED WHEN EXTENDING AN INVITATION (ii) the accommodations which we could treated as a confidential medical record in TO DISABLED VETERANS AS WELL AS make which would enable you to perform the accordance with § 60–300.23(d). RECENTLY SEPARATED VETERANS, job properly and safely, including special OTHER PROTECTED VETERANS, AND equipment, changes in the physical layout of [FR Doc. 06–440 Filed 1–19–06; 8:45 am] ARMED FORCES SERVICE MEDAL the job, elimination of certain duties relating BILLING CODE 4510–CM–P

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Part III

Department of Labor Office of Federal Contract Compliance Programs

41 CFR Part 60–2 Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Equal Opportunity Survey; Proposed Rule

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DEPARTMENT OF LABOR Constitution Avenue, NW., Washington, problems identified, and development DC 20210. and implementation of an auditing Office of Federal Contract Compliance Receipt of submissions will not be system to periodically measure the Programs acknowledged; however, the sender may effectiveness of the AAP. See 41 CFR request confirmation that a submission 60–1.7, 60–1.12(a), 60–2.1, 60–2.10, and 41 CFR Part 60–2 has been received by telephoning 60–2.17. Today’s notice proposes no OFCCP at (202) 693–0102 (voice) or RIN 1215–AB53 changes to these requirements. (202) 693–1337 (TTY) (these are not toll- On November 13, 2000, OFCCP Affirmative Action and free numbers). published a final rule (165 FR 68046) Nondiscrimination Obligations of All comments received, including any revising regulations found at 41 CFR Contractors and Subcontractors; personal information provided, will be parts 60–1 and 60–2 relating to Equal Opportunity Survey available for public inspection during affirmative action programs and normal business hours at Room C3325, recordkeeping. Section 60–2.18 of the AGENCY: Office of Federal Contract 200 Constitution Avenue, NW., final rule requires that nonconstruction Compliance Programs, Labor. Washington, DC 20210. People needing contractor establishments designated by ACTION: Notice of proposed rulemaking. assistance to review comments will be OFCCP prepare and file an Equal provided with appropriate aids such as Opportunity Survey (EO Survey). The SUMMARY: The Office of Federal Contract readers or print magnifiers. Copies of EO Survey contains information about Compliance Programs (OFCCP) this Notice of Proposed Rulemaking will personnel activities, compensation and commissioned two studies to determine be made available in the following tenure data, and certain information whether data submitted by contractors formats: Large print; electronic file on about the contractor’s affirmative action in response to the Equal Opportunity computer disk; and audiotape. To program. OFCCP recordkeeping rules Survey (EO Survey) could be used to schedule an appointment to review the require contractors to maintain develop an effective and efficient tool to comments and/or to obtain this Notice information necessary to complete the target those contractors most likely to be of Proposed Rulemaking in an alternate EO Survey, although not in the format discriminating. The first study failed to format, contact OFCCP at the telephone called for by the survey instrument. See find a correlation between the numbers or address listed above. 65 FR 26100 (May 4, 2000). The EO predictive variables generated from the FOR FURTHER INFORMATION CONTACT: Survey had three major objectives: EO Survey and determinations of Director, Division of Policy, Planning, (1) To improve the deployment of noncompliance. The second study and Program Development, Office of scarce federal government resources showed that the EO Survey did not Federal Contract Compliance Programs, toward contractors most likely to be out provide sufficiently useful data for 200 Constitution Avenue, NW., Room of compliance; enforcement targeting purposes. In light N3422, Washington, DC 20210. (2) To increase agency efficiency by of these findings, together with a review Telephone: (202) 693–0102 (voice) or building on the tiered-review process of both the costs associated with the EO (202) 693–1337 (TTY). already accomplished by OFCCP’s Survey and the utility of the EO Survey SUPPLEMENTARY INFORMATION: regulatory reform efforts, thereby in accomplishing any of its stated allowing better resource allocation; and objectives, OFCCP is proposing to I. Background (3) To increase compliance with equal remove the current requirement for A. History of Equal Opportunity Survey opportunity requirements by improving nonconstruction federal contractors to contractor self-awareness and encourage file the EO Survey under Section 60– Executive Order 11246, as amended, self-evaluations. 2.18. This proposed change is intended requires that Federal Government See 165 FR 68039 (Nov. 13, 2000); see to more effectively focus enforcement contractors and subcontractors ‘‘take also 65 FR 26101 (May 4, 2000). resources and to eliminate a regulatory affirmative action to ensure that The development of the EO Survey requirement that fails to provide value applicants are employed, and that began in March 1999. During the initial to either OFCCP enforcement or employees are treated during development stage, discussions were contractor compliance. OFCCP’s employment, without regard to their held with OMB and meetings were held resources could be better directed for race, color, religion, sex, or national with contractors and contractor the benefit of victims of discrimination, origin.’’ Section 202(1). Affirmative representatives, civil rights groups, and the government, contractors, and action under the Executive Order means women’s groups. A version of the EO taxpayers. more than passive nondiscrimination; it Survey was field tested beginning in requires that contractors take affirmative August 1999. DATES: Comments must be received on steps to identify and eliminate In April 2000, a pilot EO survey was or before March 21, 2006. impediments to equal employment sent to 7,000 contractors. After receipt ADDRESSES: You may submit comments, opportunity. The affirmative steps of pilot EO Survey responses, OFCCP identified by RIN number 1215–AB53, include numerous recordkeeping commissioned a study to determine by any of the following methods: obligations designed to assist the whether the pilot EO Survey results • Federal eRulemaking Portal: http:// contractor, in the first instance, and also could be used to predict whether a www.regulations.gov. Follow the OFCCP in monitoring the contractor’s contractor would have findings of non- instructions for submitting comments. employment practices. For example, compliance. Bendick & Eagan Economic • E-mail: [email protected]. contractors are generally required to Consultants, Inc., The Equal Include ‘‘RIN number 1215–AB53’’ in maintain employment and personnel Opportunity Survey: Analysis of a First the subject line of the message. records for two years, to file annually an Wave of Survey Responses (September • Fax: (202) 693–1304 (for comments EEO–1 Report, and to develop an 2000) (Bendick Report). The Bendick of 6 pages or fewer). affirmative action program (AAP) that Report failed to find a correlation • Mail: Director, Division of Policy, includes several quantitative analyses, between the predictive variables, Planning, and Program Development, identification of problem areas, generated from the EO Survey, and Office of Federal Contract Compliance development and execution of an determinations of noncompliance. Data Programs, Room N3422, 200 action-oriented program to correct any problems prevented Bendick from

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conducting a full-scale analysis of the on 1,888 establishments that had first phase of analysis examined the pilot EO Survey’s predictive power. The completed compliance reviews and had relation between the findings of report stated that the EO Survey results reliable EO Survey data. Of these 1,888 systemic discrimination in compliance might in the future be a way of finding cases, OFCCP found systemic reviews and each of the predictor contractors that discriminate, but the discrimination in 67 cases (3.5%). variables. Most predictor variables pilot EO Survey was not. Bendick Results of the compliance reviews and derived from the EO Survey data were Report at 18–27.1 The EO Survey sent to EO Surveys were analyzed to determine found to have no relation to findings of contractors in December 2000 was not whether a model could be developed systemic discrimination. No single substantively different from the pilot EO that would predict which contractors in variable was found to have a high level Survey. the sample were engaged in systemic of predictive ability. Id. at 21–24. OFCCP mailed 53,000 EO Surveys discrimination based solely on the EO Further, those establishments with between December 2000 and March Survey data submitted. An Evaluation of findings of systemic discrimination did 2001, 10,000 in December 2002, 10,000 OFCCP’s Equal Opportunity Survey not share any combination of modeled in December 2003, and 10,000 in (Abt Report) at 12–37. characteristics that set them apart from December 2004. In summer 2005, Abt Associates establishments with findings of no presented OFCCP with its report B. Analysis of the Equal Opportunity systemic discrimination. Id. at 39. reviewing the 2002 EO Survey in the Survey Only 22 of the 125 potential predictor Abt Report. The Abt Report is posted on variables were found to have ‘‘some In January 2003, OFCCP published a OFCCP’s Web site at http:// association’’ with the systemic Notice in the Federal Register seeking a www.dol.gov/esa/ofccp/index.htm and discrimination determinations.4 two-year extension of the PRA clearance is available for public inspection during Combinations of the 22 predictors were that stated: ‘‘Time constraints and a normal business hours at Room C3325, examined both by including all of those number of data problems affected an 200 Constitution Avenue, NW., variables in a multiple-variable logistic earlier pilot study of the EO Survey data Washington, DC 20210. regression model and by a stepwise in such a way so as not to be able to Abt utilized standard statistical logistic regression model.5 Abt assess the Survey’s predictive power. To techniques to determine if there was any identified, and used in a final model, perform a study that is not limited by relation between the data reported on only four variables, out of the initial 125 these obstacles, OFCCP has engaged an the EO Surveys and the determinations potential predictor variables, that when outside contractor to study the Survey of systemic discrimination found used in combination, were related to the data. The contractor will assess data through OFCCP compliance reviews. presence or absence of systemic from the EO Survey submissions as part Abt developed potential predictor discrimination: of its study.’’ variables from Part B (personnel activity • Whether the establishment reported OFCCP contracted with Abt by EEO–1 category) and Part C Associates, Inc. (Abt), of Cambridge, more than 200 full-time employees; (compensation data by EEO–1 category) • The average (over EEO–1 categories) Massachusetts, to study whether EO of the EO Survey for the purpose of of the ratio of average tenure among Survey data could be used to develop a developing a statistical model aimed at minority employees to average tenure model to more effectively target those targeting establishments that are more contractors engaging in systemic among non-minority employees; likely to be engaged in systemic • The absolute value of the difference discrimination. OFCCP conducted 3 discrimination. Nearly all the predictor between the proportion of female compliance evaluations of a sample of variables fell into two broad groups. employees and the proportion of male supply and service contractor One group attempted to measure the employees in EEO–1 Category 3 establishments completing the 2002 EO treatment of females relative to males Survey.2 Ultimately the study focused (technicians); within the same establishment. Another • The average (over EEO–1 categories) group of variables, in a parallel fashion, of the ratio of the female-to-male tenure 1 Although the Executive Summary of the compared the treatment of minorities ratio to the median of those ratios in the Bendick Report states that the EO Survey could with that of non-minorities within the enhance the efficiency and effectiveness of OFCCP’s establishment’s comparison group monitoring of contractor compliance, the report same establishment. Corresponding (defined by industry and geography). itself does not find data to support that statement. comparative variables were also Id. at 24–38. It acknowledges that the April 2000 pilot EO developed to reflect the extent to which Survey, which the report reviews, ‘‘does not offer However, Abt found the model’s circumstances in which the full predictive power of an individual establishment departs predictive power to be only slightly the survey can be revealed.’’ Bendick Report at 20. from other establishments in its better than chance. Screening on the It explains that the report ‘‘presents only a comparison group, defined by industry preliminary examination of the ability of selected basis of the model produced large and geography. Id. at 15–20. numbers of false positives, that is, the variables drawn from the EO Survey to differentiate After insuring data quality and establishments likely to have non-compliance model predicted numerous instances of performing a preliminary analysis on findings from those not likely to have such systemic discrimination in the sample outcomes.’’ Bendick Report at 22. The report the data, Abt constructed a total of 125 where OFCCP identified none. concludes only that given the limitations of the potential predictor variables, derived Specifically, using a cutoff for the study there are ‘‘preliminary positive indications’’ from all reported aspects of personnel of predictive power that could ‘‘eventually’’ be probability that an establishment activity, compensation, and tenure. The demonstrated in the future. However, the report discriminates near the overall rate, the could not fully validate the predictive powers of the EO Survey. Bendick Report at 25. significant number, 763, had missing or incoherent model suggests that 637 out of the 1,888 2 As a basis for the Abt study, the 2002 EO Survey data on the EO Survey, and were not used in the was sent to a statistical sample of 10,018 supply study. Ultimately the study focused on 1,888 cases 4 Abt broadly defined ‘‘some association’’ to take and service contractor establishments. A random that had completed compliance reviews and had into account the possibility that several predictors, subsample of 6,400 of these establishments was reliable EO Survey data. An Evaluation of OFCCP’s each individually having a very weak association, designated for compliance evaluations. Of these Equal Opportunity Survey (Abt Report) at 5–6, 10– may combine to make a strong contribution in a 6,400, only 3,723 establishments responded to the 14, 28; Abt Report, Appendix E, Tables A and B. multiple-variable model. EO Survey. Of these 3,723, only 2,651 had data that 3 Abt also considered previous work on 5 A stepwise regression model considers, at each allowed OFCCP to complete a compliance discrimination including the data from the 2000 iteration, whether any variable should be added to evaluation. Thus, OFCCP completed about 2,651 Pilot Test of the EO Survey, carried out by OFCCP, the model and then considers whether any variables compliance evaluations. However, of the 2,651, a and the Bendick Report. in the model should be removed.

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establishments in the study selection model based on data collected vigorously investigate systemic discriminate, yet only 42 (6.5%) of these during compliance reviews rather than discrimination cases. are true positives. Thus, of 637 through an EO Survey. This approach In addition, the development of the establishments that would be classified would have several advantages, EO Survey was expensive. Moreover, by the EO Survey results as suspected including collection of more accurate the distribution, collection, and of having systemic discrimination, 93% and more pertinent data than provided processing of the EO Survey has cost an would be false positives. Id. at 33. Even by the current EO Survey. Id. at 39. average of $356,000 per year and this at a higher cutoff rate, where only 143 does not account for the cost of C. Limited Utility of the EO Survey establishments are inspected, 127 were validating the data, nor any of the time found to have no systemic As is discussed in more detail below, spent by OFCCP personnel working on discrimination, so the false positive rate OFCCP has concluded that the EO the EO Survey. This would be money remains high at 89% (i.e., 127/143). Survey misdirects valuable enforcement well spent if the EO Survey provided an Furthermore, the EO Survey model resources and does not meet any of its accurate targeting model. However, as wrongly classifies a significant portion three objectives set out in the November the Abt Report explains, it does not. If of true discriminators as non- 13, 2000 preamble. OFCCP were to make the EO Survey a discriminators, and thus would not 1. The EO Survey Does Not Improve the focus of its targeting for compliance target them for compliance evaluations. Deployment of Scarce Federal reviews, then a significant amount of If the 637 establishments were chosen Government Resources Toward compliance officer time would be for review on the basis of the EO Survey Contractors Most Likely To Be Out of consumed by enforcing compliance model, 1,251 establishments would not Compliance with the EO Survey reporting have been reviewed. This group of 1,251 requirement, rather than investigating predicted by the EO Survey to lack In promulgating the EO Survey systemic discrimination. Further, the discriminators would, in fact, have requirement, OFCCP expected that it Abt Report demonstrates that using the contained 21 of the 63 cases (33%) of would ‘‘enable OFCCP to more EO Survey for targeting would direct systemic discrimination. Under the effectively and efficiently select compliance officers away from higher cutoff rate, about 75% of the contractor establishments that may have contractors who are discriminating. In establishments (47 contractors) that possible problems for compliance addition, the EO Survey would direct were found to have systemic evaluations, thus enhancing the them—93% of the time—to contractors discrimination would not have been agency’s ability to focus its enforcement who are not discriminating. Such a reviewed under the EO Survey model. resources on those establishments most broad implementation of the EO Survey Id. at 34–35.6 likely to be out of compliance.’’ 65 FR would divert scarce resources away In addition, two of the variables in the 26100 (May 4, 2000). This expectation from enforcement methods that are Abt model (whether the establishment has not been fulfilled. The Abt Report effective. reported more than 200 full-time found selection models based on EO In light of these EO Survey employees and the absolute value of the Survey data would have predictive shortcomings and OFCCP’s general difference between the proportion of power only slightly better than chance. practice of continually improving its female employees and the proportion of EO Survey data does not in any process, OFCCP has continued its efforts male employees in EEO–1 Category 3) meaningful way improve OFCCP’s to develop a selection model to better can be obtained without the EO Survey ability to target for review those identify contractors who may be from the EEO–1 form, which contractors contractors engaging in systemic engaging in systemic discrimination. are required to submit to OFCCP discrimination. The vast majority of The agency is in the process of pursuant to 41 CFR 60–1.7 and which contractors identified for review under developing and implementing a new OFCCP already uses in targeting its an EO Survey-based selection model system for selecting contractors for compliance activities. would not be found by OFCCP to have compliance evaluations, called the The Abt Report concludes that a engaged in systemic discrimination. In Federal Contractor Selection System model based on the two data elements addition, the model would not identify (FCSS). Although in the initial stages, that can be derived from EEO–1 forms for review a significant portion of OFCCP believes that FCSS will better has predictive ability only ‘‘slightly establishments where OFCCP would in target compliance evaluations based on lower’’ than the four-variable model. Id. fact find systemic discrimination. A indications of potential workplace at 37. The Abt Report also suggests that survey that produces 93% false discrimination. The new system is OFCCP could explore developing a positives and misses a substantial based on a thorough study of data from percentage of the cases of systemic 10 years of OFCCP compliance 6 The Abt Report stated that a model based on 4 discrimination is, in the language of the evaluations to formally identify and out of a possible 125 (see infra) predictor variables November 13, 2000 Preamble, ‘‘no characterize relationships between ‘‘fit the data reasonably well and had acceptable longer of value.’’ 7 predictive ability.’’ However, this statement is reported EEO–1 workforce profiles and purely in the context of statistical modeling, not of The Abt Report suggests that selection findings of discrimination. OFCCP is enforcement utility. The Abt report continues that models based on EEO–1 data or data currently working to refine the new ‘‘models tend to be ‘tuned’ to the data that are used collected during compliance evaluations selection model. OFCCP expects that the in fitting them, and so measures of their may be essentially equivalent or better performance may be optimistic.’’ It further observed improved targeting objective of the EO that ‘‘the low prevalence of systemic discrimination than the models based on the EO Survey can be better achieved through in the population of supply and service contractors, Survey. Models based on these types of another selection system, such as the and its relation to some of the predictor variables, data would provide a significant FCSS, that is more effective in however, limit the usefulness of the model and the administrative and cost saving to survey.’’ Abt Report at pp. 38–39. While use of identifying potential discrimination and these few predictor variables may have some OFCCP, allowing the agency to more is more cost effective for the agency, statistical usefulness, this does not imply that the than through a model based on the EO EO Survey has statistical validity or enforcement 7 When promulgating the final rule, OFCCP Survey. Irrespective of the effectiveness value. Rather, as discussed above, the Abt Report’s anticipated that some data elements may not be findings of a false positive rate of 93% and a false useful and suggested they could be altered or of the FCSS, the Department has negative rate of 33% demonstrate the EO Survey’s deleted when ‘‘the data element in question is no determined that the EO Survey has, at lack of enforcement utility. longer of value.’’ 165 FR 68037 (Nov. 13, 2000). best, only marginal value in improving

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the deployment of scarce federal discloses potential discrimination that govern how OFCCP investigates government resources toward warrants more in-depth review. systemic compensation discrimination, contractors most likely to be out of The data submitted in response to the describing when employees are compliance. And any marginal value is EO Survey is largely duplicative of desk similarly situated for purposes of more than offset by the costs EO Survey, audit data; indeed, the four EO Survey evaluating compensation decisions and which divert scarce resources away data elements found to have some when statistically significant from effective enforcement programs. discrimination predictive ability are compensation disparities constitute available to OFCCP at the desk audit evidence of discrimination. The data 2. The EO Survey Does Not Increase stage. The EO Survey data is presented, required to make these judgments are Agency Efficiency by Building on the however, in a less-detailed, aggregate not available in the EO Survey. Tiered-review Process Already form, whereas the desk audit data is OFCCP expects that the improved Accomplished by OFCCP’s Regulatory more detailed and tailored to an actual tiered review procedures objective of Reform Efforts, Thereby Allowing Better compliance evaluation. To the extent the EO Survey can be better achieved Resource Allocation the EO Survey data is not duplicative of through new procedures such as ACM OFCCP anticipated that it would use the desk audit data, the EO Survey data and proposed compensation the EO Survey to increase agency is presented in such an aggregate form discrimination standards than through efficiency by building on OFCCP’s that it cannot be used to identify the EO Survey. The new procedures tiered review process. OFCCP has discrimination, and thus does not promise to be more effective in found, however, that the EO Survey has contribute to the tiered review process. identifying potential discrimination and not contributed to agency efficiency in OFCCP has continued its efforts to are more cost effective for the agency. refine the tiered review process to better this manner. As discussed above, the 3. The EO Survey Does Not Increase Abt Report demonstrates that EO Survey identify systemic discrimination in general, and compensation Compliance With Equal Opportunity data does not improve OFCCP’s ability Requirements by Improving Contractor to target for review those contractors discrimination in particular, through methods other than use of the EO Self-Awareness and Encourage Self- engaged in systemic discrimination. Evaluations These findings of the Abt Report lead Survey. In 2003, OFCCP introduced new OFCCP expected that the EO Survey OFCCP to conclude that the EO Survey Active Case Management (ACM) requirement would ‘‘heighten contractor data would have similar disutility in procedures to be used in connection awareness of each establishment’s equal predicting discrimination in the context with desk audit reviews. Under ACM employment opportunity performance, of an individual compliance evaluation. procedures, OFCCP opens a larger which should encourage contractors to In other words, because the EO Survey number of reviews than in the past, uses automated statistical methods, and conduct self-audits of their performance data has limited utility in predicting ranks and prioritizes establishments for and to make any necessary corrections which contractors are engaged in a full review based on the probability and improvements in their equal systemic discrimination, it follows that that discrimination would be uncovered employment opportunity programs [and EO Survey data would have limited during a more in-depth review. OFCCP that] the heightened awareness of utility in predicting whether and how closes cases during the desk audit if no performance, along with increased the selected contractors are statistical indicators are found that monitoring presence, will improve the discriminating. imply the presence of discrimination level of compliance.’’ 65 FR 26100 (May Moreover, the EO Survey data is and thereby warrant further attention. 4, 2000). The data contained in the EO largely duplicative of the information More resources are then focused on full Survey includes information, in OFCCP receives during the first stages of scale compliance evaluations of summary form, about personnel a compliance evaluation. Under the establishments where statistical activities, compensation and tenure tiered review system, a compliance indicators of systemic discrimination data, and information about the evaluation consists of any one or any are found. contractor’s affirmative action program. combination of the following Additionally, OFCCP is developing None of this information alone is investigative procedures: Compliance guidance for use by OFCCP and sufficient to indicate discrimination or checks, off-site review of records, contractors to assist in better identifying the lack of discrimination at a contractor focused reviews and full compliance systemic compensation discrimination. establishment. As discussed above, the reviews. 41 CFR 60–1.20(a). The level of On November 16, 2004, OFCCP information lacks utility to OFCCP in agency resources expended on a review published in the Federal Register, for targeting contractors and in conducting is based on the likelihood of uncovering notice and comment, a set of formal compliance evaluations. Similarly, the substantive violations as determined at guidelines ‘‘Interpreting the information would appear to provide no the early stages of the review. Nondiscrimination Requirements of additional insights to the contractor. As A compliance evaluation generally Executive Order 11246 with Respect to the EO Survey responses do not indicate begins with a review of the data Systemic Compensation discrimination, they do not assist submitted by the contractor in response Discrimination.’’ 69 FR 67246 (Nov. 16, contractors in correcting and improving to a scheduling letter. OFCCP refers to 2004). The proposed Interpretative their equal employment opportunity this tier of the review as the desk audit. Standards for Systemic Compensation programs. Moreover, since the EO The contractor submits detailed Discrimination under Executive Order Survey is only being sent to federal establishment-specific information on 11246 are intended to govern OFCCP’s contractors—a group already subject to personnel activities such as hiring, analysis of contractors’ compensation extensive equal employment promotion, and termination, organized practices. In addition, these proposed opportunity and affirmative action by job group or job title, and also standards are intended to constitute a obligations—it does not expand the submits detailed, establishment-specific definitive interpretation of the Sex population of employers who would annualized compensation data, Discrimination Guidelines, codified at undertake self-evaluations. organized by salary range, rate, grade, or 41 CFR 60–20, and EO 11246 with Furthermore, in recent years, OFCCP level. OFCCP evaluates this data in the respect to systemic compensation has significantly increased its desk audit stage to determine whether it discrimination. The proposed standards compliance assistance efforts in order to

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heighten contractors’ awareness of their 210,000 hours per year. Using data from IV. Regulatory Procedures equal opportunity obligations and to the Bureau of Labor Statistics’ 2004 A. Paperwork Reduction Act encourage self-evaluations through National Compensation Survey, the total methods other than the EO Survey. annual cost imposed on the regulated The proposed rule eliminates an OFCCP’s compliance assistance community by the EO Survey information collection which is subject includes over 1,000 regular compliance requirements approaches $6 million. to review by the Office of Management assistance seminars and workshops The EO Survey also consumes scarce and Budget (OMB) under the Paperwork conducted throughout the country every OFCCP resources, diverting them away Reduction Act of 1995. The Equal year, and an extensive amount of from effective enforcement programs, as Opportunity Survey was reviewed and compliance assistance material has been discussed above. In addition, the approved by OMB under OMB No. updated and added to OFCCP’s webpage development of the EO Survey was 1215–0196. The EO Survey burden is since 2001. In FY2005, OFCCP expensive. Moreover, the distribution, estimated to be 21 hours per developed and made available to collection, and processing of the EO respondent. (The EO Survey does not contractors on its webpage an elaws Survey has cost an average of $356,000 impose any recordkeeping requirements advisory interactive electronic tool that per year and this does not account for since the information required for the permits contractors to determine the cost of validating the data, nor any EO Survey comes from the records whether they are covered by the laws of the time spent by OFCCP personnel contractors are required to retain by 41 enforced by OFCCP and, if so, identifies working on the EO Survey. CFR Part 60.) Based upon an estimated their specific obligations. The OFCCP 10,000 respondents per year, the webpage contains extensive guidance E. Proposal To Eliminate the EO Survey proposed rule would reduce the total about complying with OFCCP’s laws, Requirement burden by 210,000 hours per year (i.e., including a copy of the OFCCP OFCCP has concluded that the EO 21 hours times 10,000 respondents). compliance manual, OFCCP directives, Survey has failed to provide the utility OFCCP estimated the annual cost compliance guides, and responses to anticipated when the regulation was reduction to the respondents based on frequently asked questions. OFCCP has promulgated in 2000, and consequently Bureau of Labor Statistics’ 2004 established a National Office telephone does not provide sufficient National Compensation Survey, which help desk and an e-mail mailbox programmatic value to be maintained as lists the hourly average wages for contractors can use to obtain specific a requirement. In light of the failure of executive, administrative, and compliance information tailored to their the EO Survey as an enforcement tool, managerial as $36.22 and the hourly individual needs. OFCCP concludes that it is no longer of average wages for administrative OFCCP compliance assistance value to accomplish the objectives it support as $14.21. OFCCP then materials include guidance about was designed to address. OFCCP has multiplied these figures by 1.4 to performing contractor self-analyses. For developed, and will continue to account for fringe benefits to arrive at an example, OFCCP has made available a develop, other more useful and cost annual hourly cost of $50.71 for sample affirmative action program on its effective methods to accomplish these executive, administrative, and webpage, as well as a link to Census objectives. Therefore, OFCCP has managerial and the hourly average data that provides contractors with easy determined that continued use of the EO wages for administrative support as access to statistical data on the Survey cannot be justified and proposes $19.89. As for the 2000 final rule, availability of women and minorities in OFCCP estimates that for the EO Survey, particular occupational categories and to eliminate this regulatory requirement as no longer of value to OFCCP. 25% of the burden hours will be geographic areas. This Census data executive, administrative, and helps contractors to develop required Elimination of this requirement allows OFCCP to focus more effectively its managerial and 75% will be availability analyses. OFCCP has also administrative support. proposed a set of general guidelines that enforcement resources to further the overall goal of the OFCCP program to OFCCP has calculated the total contractors can use to evaluate their estimated annualized cost of the EO compensation practices: ‘‘Guidelines for promote and ensure equal opportunity for those employed or seeking Survey as follows: Self-Evaluation of Compensation • Executive, Administrative, and employment with Government Practices for Compliance with Managerial: 210,000 × 0.25 × $50.71 = contractors. 41 CFR 60–1.1. Nondiscrimination Requirements of $2,662,275 Executive Order 11246 with Respect to II. Authority • Administrative Support: 210,000 × Systemic Compensation 0.75 × $19.89 = $3,132,675 Discrimination.’’ 69 FR 67252 (Nov. 16, Authority: E.O. 11246, 30 FR 12319, and • Total Estimated Annual Reduction 2004). Moreover, OFCCP regulations E.O. 11375, 32 FR 14303, as amended by E.O. in Respondent Costs = $5,794,950 already require contractors to conduct 12086, 43 FR 46501. Thus, OFCCP estimates that the self-evaluations, including a III. Overview of the Rule proposed elimination of the EO Survey compensation self-evaluation, see 41 will reduce the costs for the respondents CFR 60–2.10 et seq. OFCCP proposes eliminating the by almost $6 million each year. requirement under Section 60–2.18 that D. Burdens Imposed by the EO Survey nonconstruction federal contractors file B. Executive Order 12866 The EO Survey imposes a significant the EO Survey. OFCCP proposes the This proposed rule has been drafted burden on the contractor establishments removal of Section 60–2.18 from part and reviewed in accordance with that are required to complete the EO 60–2. Elimination of the EO Survey Executive Order 12866, section 1(b), Survey. As discussed in greater detail in requirement will not affect any other Principles of Regulation. The the Paperwork Reduction Act section, regulatory obligation to collect and Department has determined that this below, each EO Survey is estimated to maintain information or any other notice of proposed rulemaking is a take each respondent 21 hours to recordkeeping or nondiscrimination ‘‘significant regulatory action’’ under complete. Based upon an estimated requirement. See, e.g., 41 CFR 60–1.7, Executive Order 12866, section 3(f), 10,000 respondents per year, the EO 60–1.4, 60–1.12(a), 60–2.1, 60–2.10, and Regulatory Planning and Review. The Survey costs contractor establishments 60–2.17. Department has determined that this

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notice of proposed rulemaking is not not likely result in (1) an annual effect of $100 million or more, or increased ‘‘economically significant’’ as defined in on the economy of $100 million or expenditures by the private sector of section 3(f)(1) of Executive Order 12866. more; (2) a major increase in costs or $100 million or more. Based on an analysis of the data the prices for consumers, individual List of Subjects in 41 CFR Part 60–2 proposed rule is not likely to: (1) Have industries, Federal, State or local an annual effect on the economy of $100 government agencies, or geographic Civil rights, Discrimination in million or more or adversely affect in a regions; or (3) significant adverse effects employment, Employment, Equal material way the economy, a sector of on competition, employment, employment opportunity, Government the economy, productivity, competition, investment, productivity, innovation, or contracts, and Labor. on the ability of United States-based jobs, the environment, public health or Signed at Washington, DC, this 17th day of safety, or state, local, or tribal enterprises to compete with foreign- January, 2006. based enterprises in domestic or export governments or communities; (2) create Victoria A. Lipnic, a serious inconsistency or otherwise markets. Assistant Secretary for Employment interfere with an action taken or D. Executive Order 13132 Standards. planned by another agency; or (3) Charles E. James, Sr., materially alter the budgetary impact of OFCCP has reviewed the proposed entitlements, grants, user fees, or loan rule in accordance with Executive Order Deputy Assistant Secretary for Federal Contract Compliance. programs or the rights and obligations of 13132 regarding federalism, and has recipients thereof. As was discussed determined that it does not have In consideration of the foregoing the above in Section A, OFCCP estimates ‘‘federalism implications.’’ The Office of Federal Contract Compliance that the proposed elimination of the EO proposed rule does not ‘‘have Programs, Employment Standards Survey will reduce the costs for substantial direct effects on the States, Administration, Department of Labor, respondents by $6 million each year. on the relationship between the national proposes to amend part 60–2 of Title 41 Therefore, the information enumerated government and the States, or on the of the Code of Federal Regulations as in section 6(a)(3)(C) of the order is not distribution of power and follows: required. Pursuant to Executive Order responsibilities among the various 12866, this proposed rule has been levels of government.’’ PART 60–2—AFFIRMATIVE ACTION reviewed by the Office of Management E. Unfunded Mandates Reform PROGRAMS and Budget. Executive Order 12875—This 1. The authority citation for part 60– C. Small Business Regulatory proposed rule, if promulgated in final, 2 continues to read as follows: Enforcement Fairness Act will not create an unfunded Federal mandate upon any State, local, or tribal Authority: E.O. 11246, 30 FR 12319, and The Department has concluded that E.O. 11375, 32 FR 14303, as amended by E.O. government. 12086, 43 FR 46501. the proposed rule is not a ‘‘major’’ rule Unfunded Mandates Reform Act of under the Small Business Regulatory 1995—This proposed rule, if § 60–2.18 [Removed and reserved] Enforcement Fairness Act of 1996 (5 promulgated in final, will not include 2. Remove and reserve § 60–2.18. U.S.C. 801 et seq.). In reaching this any Federal mandate that may result in conclusion, the Department has increased expenditures by State, local, [FR Doc. E6–646 Filed 1–19–06; 8:45 am] determined that the proposed rule will and tribal governments, in the aggregate, BILLING CODE 4510–CM–P

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Part IV

Department of Housing and Urban Development HUD’s Fiscal Year 2006 Notice of Funding Availability Policy Requirements and General Section to the SuperNOFA for HUD’s Discretionary Programs; Notice

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DEPARTMENT OF HOUSING AND opportunities available on Grants.gov in registration in the CCR will require an URBAN DEVELOPMENT FY2006. Therefore, Continuum of Care applicant to go through the entire agencies would benefit from becoming registration process again. [Docket No. FR–5030–N–01] familiar with the requirements so they Early registration for electronic grant Notice of HUD’s Fiscal Year 2006 do not limit their ability to get funding application submission (see notice Notice of Funding Availability Policy from sources other than HUD in published on December 9, 2005) and Requirements and General Section to FY2006. early publication of the General Section the SuperNOFA for HUD’s FOR FURTHER INFORMATION CONTACT: of the FY2006 SuperNOFA are just two Discretionary Programs Office of Departmental Grants steps that HUD is taking in FY2006 to Management and Oversight, Office of improve the funding process. HUD is AGENCY: Office of the Secretary, HUD. Administration, Department of Housing also taking steps to streamline and ACTION: Notice of HUD’s Fiscal Year and Urban Development, 451 Seventh simplify the application submission (FY) 2006 Notice of Funding Street, SW., Room 3156, Washington, requirements so that applications will Availability (NOFA) policy DC 20410–5000, telephone number be easier to complete and upload. To requirements and general section to the (202) 708–0667. Persons with hearing or ensure that HUD continues to get FY2006 SuperNOFA for HUD’s speech impairments may access this feedback from the public on these Discretionary Programs (notice). number via TTY by calling the Federal improvements, each application and SUMMARY: This notice provides Information Relay Service at (800) 877– HUD’s Web site will contain a revised prospective applicants for HUD 8339. ‘‘You Are Our Client’’ survey competitive funding with the SUPPLEMENTARY INFORMATION: Each year, questionnaire. HUD requests that you opportunity to become familiar with the HUD strives to improve its competitive respond to this survey to let us know General Section to HUD’s FY2006 funding process. In FY2005, HUD what improvements have been SuperNOFA, in advance of publication successfully migrated from paper beneficial and to share your ideas on of the FY2006 SuperNOFA. Publication application submission for the majority where improvements can continue to be of HUD’s annual SuperNOFA is targeted of its funding opportunities to electronic made. HUD carefully considers the for publication in early 2006. This early application submission. Over 5,400 comments received from its clients and publication of the General Section is applicants successfully submitted continually strives to improve each one of several steps that HUD is taking applications electronically for HUD’s year’s SuperNOFA and its funding to improve the funding process for its grant programs. While the majority of process. grantee community. Early publication of HUD’s applicants were able to make the HUD believes that early publication of the General Section will give transition to electronic government, a the General Section is beneficial to prospective applicants additional time minority had difficulty with the prospective applicants by providing to become familiar with and address submission process. In speaking with advance notice of the Department’s those provisions in the General Section, applicants, HUD has heard the concerns threshold requirements, strategic goals, which constitute part of almost every raised and therefore has taken several policy priorities, and other application. HUD will publish changes steps to provide early technical comprehensive requirements that are to this General Section made after assistance and information so that every applicable to almost every individual today’s publication with the applicant can successfully meet the NOFA that comprises the SuperNOFA. SuperNOFA. electronic submission requirements. The General Section, as in the past, is HUD will continue to require that HUD wants every applicant to structured to refer the reader to the applicants submit their applications transition successfully to electronic individual program NOFAs. Although electronically via Grants.gov. For application submission in FY2006. HUD the program NOFAs are not being FY2006, only the Continuum of Care believes that by issuing its Early published at this time, the references are will remain as a paper application Registration for Grant Application retained. This way, when the program process. It is HUD’s intent to move the Submission Notice published on sections of the FY2006 SuperNOFA are Continuum of Care to electronic December 9, 2005 (70 FR 73332), and published, they will work together as application submittal in FY2007. All this General Section in advance of the they have done since the first prospective applicants should take this publication of the FY2006 Program SuperNOFA was published in 1998. time to carefully read the Federal Sections of the SuperNOFA, applicants HUD intends to publish the program Register Notice published on December will have time to familiarize themselves NOFAs in early 2006. Applicants 9, 2005 entitled ‘‘Notice of Opportunity with the General Requirements interested in receiving e-mail to Register Early for Electronic applicable to all programs and complete notification of the availability of the Submission of Grant Applications for the five-step Grants.gov registration program sections should go to http:// HUD Funding Opportunities; Early process. This way, when the program www.grants.gov/Find#receiveGetStarted Registration with Grants.gov,’’ and NOFAs are published, applicants can and sign up for e-mail notification of register prior to the publication of the focus on completing and submitting funding opportunities. By doing so, you Program Sections of the FY2006 their applications in accordance with all will receive an e-mail as soon as the SuperNOFA. The early registration related requirements and timelines. program NOFA portion of the notice can be found on HUD’s Web site The Early Registration Notice SuperNOFA and application is available at http://www.hud.gov/offices/adm/ provides step-by-step instructions for on Grants.gov. This publication grants/fundsavail.cfm. Continuum of applicants that have to register with includes a list of programs anticipated Care applicants are advised to become Grants.gov and renewal instructions for to be in the FY2006 SuperNOFA, familiar with the registration and those that have previously registered. subject to the availability of funds. The submission procedures. Although HUD The renewal instructions are simple and program NOFA portion of the is not requiring electronic submission easy to follow, but must be completed SuperNOFA will include any changes for the Continuum of Care this year, all before an applicant’s registration with made to this listing and provide the Federal grant-making agencies are the Central Contractor Registry (CCR) projected funding available and pledging to make 75 percent of funding expires. Failure to update the application deadline dates.

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In addition to the early publication of Opportunity Number when using the available appropriations and any funds the Grants.gov registration process and search feature on Grants.gov. Using from previous years available for award the General Section of the FY2006 more than one of these items will result in FY2006. Appendix A to this notice SuperNOFA, HUD continually strives to in an error message indicating that the contains a chart of the programs provide technical assistance and opportunity cannot be found. expected to be included in the FY2006 training to prospective applicants. To F. Dates: The key dates that apply to SuperNOFA. HUD will publish an ensure effective communication with all HUD Federal financial assistance updated chart, noting the amount of current and potential funding made available through HUD’s FY2006 funds available for each program, and recipients, HUD has been posting NOFAs are found in each individual the required deadline date with the pertinent documents related to these program NOFA. Appendix A to this publication of the Program NOFA efforts on its Web site, including General Section lists the programs section of the FY2006 SuperNOFA. If training opportunities available via expected to be included in the FY2006 other program funds become available, satellite broadcast and Webcast, local SuperNOFA. The SuperNOFA HUD reserves the right to increase the registration and submission clinics, and publication will contain a detailed available funding for the applicable grant writing workshops sponsored by Appendix A that will provide the final program by those amounts. Note that HUD’s Office of Faith-Based and list of programs included in the additional program NOFAs may be Community Initiatives. HUD encourages SuperNOFA, funds available under each published as part of the FY2006 you to visit the Department’s Web site funding opportunity, and key deadline SuperNOFA or published separately for information regarding the latest dates. from the FY2006 SuperNOFA. developments. HUD’s Web site address G. Optional, Additional Overview for information on this initiative is Content Information: Unless otherwise III. Eligibility Information http://www.hud.gov/offices/adm/grants/ stated, HUD’s general policy A. Eligible Applicants egrants/egrants.cfm. Information on requirements set forth in this notice grant streamlining activities can be apply to all HUD Federal financial The individual program NOFAs found at http://www.hud.gov/offices/ assistance made available through describe the eligible applicants and adm/grants/pl-106107/pl106–107.cfm. HUD’s FY2006 NOFAs. These policies eligible activities for each program. HUD hopes that the steps that it has cover those NOFAs issued through the taken to provide information early on SuperNOFA, as well as those that HUD B. Cost Sharing or Matching the FY2006 funding process and will issue after publication of the The individual program NOFAs SuperNOFA requirements will be of SuperNOFA in the Federal Register. describe the applicable cost sharing, benefit to you. Full Text of Announcement matching requirements, or leveraging Dated: January 11, 2006. requirements related to each program, if I. Funding Opportunity Description Roy A. Bernardi, any. Although matching or cost sharing Deputy Secretary. This notice describes HUD’s FY2006 may not be required, HUD programs policy requirements applicable to all of often encourage applicants to leverage General Section to HUD’s Fiscal Year HUD’s NOFAs published in FY2006. 2006 SuperNOFA grant funds with other funding to Each such NOFA will contain a receive higher rating points. Overview Information description of the specific requirements for the program for which funding is C. Other Requirements and Procedures A. Federal Agency Name: Department Applicable to All Programs of Housing and Urban Development made available and each will refer to applicable policies described in this (HUD), Office of the Secretary. Except as may be modified in the General Section. Each program NOFA B. Funding Opportunity Title: Policy individual program NOFAs, the will also describe additional procedures requirements applicable to all HUD requirements, procedures, and and requirements that apply to the notices of funding availability (NOFAs) principles listed below apply to all individual program NOFA, including a published during FY2006. programs in FY2006 for which funding description of the eligible applicants, C. Announcement Type: Initial is announced by NOFA and published eligible activities, threshold announcement of the general policy in the Federal Register. Please read the requirements, factors for award, and any requirements that apply to all HUD individual program NOFAs for additional program requirements or Federal financial assistance NOFAs for additional requirements and limitations. To adequately address all of FY2006 issued simultaneously with or information. after the publication of this notice. the application requirements for any D. Funding Opportunity Number: FR program for which you intend to apply, 1. Statutory and Regulatory 5030–N–01. please carefully read and respond to Requirements E. Catalog of Federal Domestic both this General Section and the Assistance (CFDA) Number: A CFDA individual program NOFAs. To be eligible for funding under number is provided for each HUD Authority. HUD’s authority for HUD’s NOFAs issued during FY2006, Federal financial assistance program. making funding available under its applicants must meet all statutory and When using ‘‘Apply Step 1’’ on the FY2006 programs is identified in each regulatory requirements applicable to Grants.gov Web site to download an program NOFA under the section the program or programs for which they application, you will be asked for the entitled ‘‘Funding Opportunity seek funding. Applicants requiring CFDA number. Please refer to the Description.’’ program regulations may obtain them program NOFA for the CFDA number from the NOFA Information Center or II. Award Information assigned to the program(s) for which through HUD’s Grants Web site at you wish to apply. Funding Available. Each program http://www.hud.gov/offices/adm/grants/ Tip for Finding Application NOFA will identify the estimated fundsavail.cfm. See the individual Information: Use only the CFDA amount of funds available in FY2006, program NOFAs for instructions on how number, OR the Funding Competition either as a result of the enactment of a HUD will respond to proposed activities Identification Number, OR Funding HUD appropriations act or based upon that are ineligible.

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2. Threshold Requirements (b), or (c) above has not been resolved include a copy of their code of conduct a. Ineligible Applicants. HUD will not to HUD’s satisfaction before the if the information listed on HUD’s Web consider an application from an application deadline, then you are site has changed (e.g., the person who ineligible applicant. ineligible and HUD will not rate and submitted the previous application is no b. Dun and Bradstreet Data Universal rank your application. HUD will longer your authorized organization Numbering System (DUNS) Number determine if actions to resolve the representative, the organization has Requirement. All applicants seeking charge, lawsuit, or letter of findings changed its legal name or merged with funding directly from HUD must obtain taken before the application deadline another organization, or the address of a DUNS number and include the are sufficient to resolve the matter. the organization has changed, etc.). Examples of actions that would number in its Application for Federal Applicants that need to may submit normally be considered sufficient to Assistance submission. Failure to their code of conduct to HUD via resolve the matter include, but are not facsimile using the form HUD–96011, provide a DUNS number will prevent limited to: Facsimile Transmittal. When using the you from obtaining an award, regardless (i) A voluntary compliance agreement facsimile transmittal form, please type of whether it is a new award or renewal signed by all parties in response to a the requested information. Use HUD– of an existing award. This policy is letter of findings; 96011 as the cover page to the pursuant to the Office of Management (ii) A HUD-approved conciliation submission and include in the top line and Budget (OMB) policy issued in the agreement signed by all parties; of the form under ‘‘Name of Document Federal Register on June 27, 2003 (68 (iii) A consent order or consent Being Requested,’’ ‘‘Code of Conduct for FR 38402). HUD published its decree; or (insert organization name, city, and regulation implementing the DUNS (iv) An issuance of a judicial ruling or state),’’ and fax the information to number requirement on November 9, a HUD Administrative Law Judge’s HUD’s toll-free number at (800) HUD– 2004 (69 FR 65024). A copy of the OMB decision. 1010. If you cannot access the 800 Federal Register notice and HUD’s d. Conducting Business in number or have problems, you may use regulation implementing the DUNS Accordance With Core Values and (215) 825–8798 (this is not a toll-free number can be found on HUD’s Web Ethical Standards. Applicants subject to number). When received, HUD will site at http://www.hud.gov/offices/adm/ 24 CFR parts 84 and 85 (most nonprofit update the information on its Code of grants/duns.cfm. Applicants cannot organizations and State, local, and tribal Conduct Web site. submit applications electronically governments or government agencies or e. Delinquent Federal Debts. without a DUNS number entry. instrumentalities that receive Federal Consistent with the purpose and intent Applicants must carefully enter the awards of financial assistance) are of 31 U.S.C. 3720B and 28 U.S.C. DUNS number on the application required to develop and maintain a 3201(e), HUD will not award Federal package, making sure it is identical to written code of conduct (see 24 CFR funds to an applicant that has an the DUNS number under which the 84.42 and 85.36(b)(3)). Consistent with outstanding delinquent Federal debt Authorized Organization Representative regulations governing specific programs, unless (1) the delinquent account is is registered to submit an application. your code of conduct must prohibit real paid in full, (2) a negotiated repayment c. Compliance With Fair Housing and and apparent conflicts of interest that schedule is established and the Civil Rights Laws. may arise among officers, employees, or repayment schedule is not delinquent, (1) With the exception of federally agents; prohibit the solicitation and or (3) other arrangements satisfactory to recognized Indian tribes and their acceptance of gifts or gratuities by your HUD are made prior to the deadline instrumentalities, applicants must officers, employees, or agents for their date. comply with all applicable fair housing personal benefit in excess of minimal f. Pre-Award Accounting System and civil rights requirements in 24 CFR value; and outline administrative and Surveys. HUD may arrange for a pre- 5.105(a). If you are a federally disciplinary actions available to remedy award survey of the applicant’s recognized Indian tribe, you must violations of such standards. Before financial management system in cases comply with the nondiscrimination entering into an agreement with HUD, where the recommended applicant has provisions enumerated at 24 CFR applicants awarded assistance under a no prior Federal support, HUD’s 1000.12, as applicable. In addition to HUD program NOFA announced in program officials have reason to these requirements, there may be FY2006 will be required to submit a question whether the applicant’s program-specific threshold copy of its code of conduct and describe financial management system meets requirements identified in the the methods it will use to ensure that all Federal financial management individual program NOFAs. officers, employees, and agents of its standards, or the applicant is considered (2) If you, the applicant: organization are aware of its code of a high risk based upon past performance (a) Have been charged with an conduct. Applicants are prohibited from or financial management findings. HUD ongoing systemic violation of the Fair receiving an award of funds from HUD will not disburse funds to any applicant Housing Act; or if they fail to meet this requirement for that does not have a financial (b) Are a defendant in a Fair Housing a code of conduct. Applicants that management system that meets Federal Act lawsuit filed by the Department of submitted an application during FY2004 standards. Justice alleging an ongoing pattern or or FY2005 and included a copy of their g. Name Check Review. Applicants practice of discrimination; or code of conduct will not be required to are subject to a name check review (c) Have received a letter of findings submit another copy if the applicant is process. Name checks are intended to identifying ongoing systemic listed on HUD’s Web site at http:// reveal matters that significantly reflect noncompliance under Title VI of the www.hud.gov/offices/adm/grants/ on the applicant’s management and Civil Rights Act of 1964, Section 504 of codeofconduct/cconduct.cfm and if the financial integrity, or if any key the Rehabilitation Act of 1973, or information has not been revised. individual has been convicted or is Section 109 of the Housing and Applicants not listed on the HUD Web presently facing criminal charges. If the Community Development Act of 1974, site must submit a copy of their code of name check reveals significant adverse and the charge, lawsuit, or letter of conduct with their FY2006 application findings that reflect on the business findings referenced in subparagaph (a), for assistance. Applicants must also integrity or responsibility of the

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applicant or any key individual, HUD provided a signed certification and Urban Development Act of 1968 reserves the right to (1) deny funding or indicating consistency with the area’s (Section 3), 12 U.S.C. 1701u (Economic consider suspension or termination of approved Consolidated Plan and HUD Opportunities for Low- and Very Low- an award immediately for cause, (2) finds that the activities are not Income Persons in Connection with require the removal of any key consistent with the Consolidated Plan, Assisted Projects), and the HUD individual from association with HUD will not fund the inconsistent regulations at 24 CFR part 135, management or implementation of the activities or will deny funding the including the reporting requirements at award, and (3) make appropriate application if a majority of the activities subpart E. Section 3 requires recipients provisions or revisions with respect to are not consistent with the approved to ensure that, to the greatest extent the method of payment or financial Consolidated Plan. The determination feasible, training, employment, and reporting requirements. not to fund an activity or to deny other economic opportunities will be h. False Statements. A false statement funding may be determined by a directed to low- and very-low income in an application is grounds for denial number of factors, including the number persons, particularly those who are or termination of an award and possible of activities being proposed, the impact recipients of government assistance for punishment as provided in 18 U.S.C. of the elimination of the activities on housing, and business concerns that 1001. the proposal, or the percent of the provide economic opportunities to low- i. Prohibition Against Lobbying budget allocated to the proposed and very low-income persons. Review Activities. Applicants are subject to the activities. the individual program NOFAs to provisions of Section 319 of Public Law determine if Section 3 applies to the 101–121 (approved October 23, 1989) 4. Additional Nondiscrimination and program for which you are seeking (31 U.S.C. 1352) (the Byrd Amendment), Other Requirements funding. which prohibits recipients of Federal Applicants and their subrecipients d. Ensuring the Participation of Small contracts, grants, or loans from using must comply with: Businesses, Small Disadvantaged appropriated funds for lobbying the a. Civil Rights Laws, including the Businesses, and Women-Owned executive or legislative branches of the Americans with Disabilities Act of 1990 Businesses. HUD is committed to Federal Government in connection with (42 U.S.C. 1201 et seq.), the Age ensuring that small businesses, small a specific contract, grant, or loan. In Discrimination Act of 1974 (42 U.S.C. disadvantaged businesses, and women- addition, applicants must disclose, 6101 et seq.), and Title IX of the owned businesses participate fully in using Standard Form LLL (SF–LLL), Education Amendments Act of 1972 (20 HUD’s direct contracting and in ‘‘Disclosure of Lobbying Activities,’’ any U.S.C. 1681 et seq.). contracting opportunities generated by funds, other than federally appropriated b. Affirmatively Furthering Fair HUD financial assistance. Too often, funds, that will be or have been used to Housing. Under Section 808(e)(5) of the these businesses still experience influence Federal employees, members Fair Housing Act, HUD has a statutory difficulty in accessing information and of Congress, or congressional staff duty to affirmatively further fair successfully bidding on Federal regarding specific grants or contracts. housing. HUD requires the same of its contracts. State, local, and tribal Federally recognized Indian tribes and funding recipients. If you are a governments are required by 24 CFR tribally designated housing entities successful applicant, you will have a 85.36(e) and nonprofit recipients of (TDHEs) established by federally duty to affirmatively further fair housing assistance (grantees and sub-grantees) recognized Indian tribes as a result of opportunities for classes protected by 24 CFR 84.44(b) to take all necessary the exercise of the tribe’s sovereign under the Fair Housing Act. Protected affirmative steps in contracting for the power are excluded from coverage of the classes include race, color, national purchase of goods or services to assure Byrd Amendment, but state-recognized origin, religion, sex, disability, and that minority firms, women’s business Indian tribes and TDHEs established familial status. Unless otherwise enterprises, and labor surplus area firms only under State law must comply with instructed in the individual program are used whenever possible or as this requirement. Applicants must NOFA, your application must include specified in the individual program submit the SF–LLL if they have used or specific steps to: NOFAs. intend to use Federal funds for lobbying (1) Overcome the effects of e. Relocation. The relocation activities. impediments to fair housing choice that requirements of the Uniform Relocation j. Debarment and Suspension. In were identified in the jurisdiction’s Assistance and Real Property accordance with 24 CFR part 24, no Analysis of Impediments (AI) to Fair Acquisition Policies Act of 1970 (URA), award of Federal funds may be made to Housing Choice; as amended, and the implementing applicants that are presently debarred or (2) Remedy discrimination in government-wide regulation at 49 CFR suspended, or proposed to be debarred housing; or part 24, cover any person who moves or suspended from doing business with (3) Promote fair housing rights and permanently from real property or the Federal Government. fair housing choice. moves personal property from real 3. Other Threshold Requirements. The Further, you, the applicant, have a property as a direct result of acquisition, individual program NOFAs for which duty to carry out the specific activities rehabilitation, or demolition for a you are applying may specify other provided in your responses to the program or project receiving HUD threshold requirements. Additional individual program NOFA rating factors assistance. While there are no statutory threshold requirements may be that address affirmatively furthering fair provisions for ‘‘temporary relocation’’ identified in the discussion of housing. These requirements apply to under the URA, the URA regulations ‘‘eligibility’’ requirements in the all HUD programs announced via a recognize that there are circumstances individual program NOFAs. If a NOFA, unless specifically excluded in where a person will not be permanently program NOFA requires a certification the individual program NOFA. displaced but may need to be moved of consistency with the Consolidated c. Economic Opportunities for Low- from a project for a short period of time. Plan and the applicant fails to provide and Very Low-Income Persons (Section Appendix A, § 24.2(a)(9)(ii)(D) to the a certification, and such failure is not 3). Certain programs to be issued during URA regulation explains that any tenant cured as a technical deficiency, HUD FY2006 require recipients of assistance who has been temporarily relocated for will not fund the application. If HUD is to comply with Section 3 of the Housing a period beyond one year must be

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contacted by the displacing agency and maintaining or using electronic and of the quantity acquired in the offered URA relocation assistance. Some information technology (EIT), that the preceding fiscal year exceeded $10,000; HUD program regulations provide EIT allow, regardless of the type of must procure solid waste management additional protections for temporarily medium of technology, persons with services in a manner that maximizes relocated tenants. For example, 24 CFR disabilities access to and use of energy and resource recovery; and must 583.310(f)(1) provides guidance on information and data on a comparable have established an affirmative temporary relocation for the Supportive basis as is made available to and used procurement program for procurement Housing Program for the homeless. by persons without disabilities. Section of recovered materials identified in the Before planning their project, applicants 508’s coverage includes, but is not EPA guidelines. should review the regulations for the limited to, computers (hardware, j. Participation in HUD-Sponsored programs for which they are applying. software, word processing, email, and Program Evaluation. As a condition of The URA does not apply to Internet sites), facsimile machines, the receipt of financial assistance under displacements resulting from the copiers, and telephones. Among other a HUD program NOFA, all successful demolition or disposition of public things, Section 508 requires that unless applicants will be required to cooperate housing covered by Section 18 of the an undue burden would result to the with all HUD staff or contractors who United States Housing Act of 1937. Federal department or agency, perform HUD-funded research or f. Executive Order 13166, ‘‘Improving electronic and information technology evaluation studies. Access to Services for Persons with must allow individuals with disabilities k. Executive Order 13202, Limited English Proficiency (LEP).’’ who are employees or members of the ‘‘Preservation of Open Competition and Executive Order 13166 seeks to improve public seeking information or services, Government Neutrality Towards access to federally assisted services, to have access to and use of information Government Contractors’ Labor programs, and benefits for individuals and data that are comparable to that of Relations on Federal and Federally with limited English proficiency. employees and members of the public Funded Construction Projects.’’ Applicants obtaining an award from who are not disabled. Where an undue Compliance with HUD regulations at 24 HUD must seek to provide access to burden exists to the Federal department CFR 5.108 that implement Executive program benefits and information to or agency, alternative means may be Order 13202 is a condition of receipt of LEP individuals through translation and used to allow a disabled individual use assistance under a HUD program NOFA. interpretive services in accordance with of the information and data. Section 508 l. Salary Limitation for Consultants. LEP guidance published on December does not require that information FY2006 funds may not be used to pay 19, 2003 (68 FR 70968). For assistance services be provided at any location or to provide reimbursement for and information regarding your LEP other than a location at which the payment of the salary of a consultant obligation, go to http://www.lep.gov. information services are generally whether retained by the Federal g. Executive Order 13279, ‘‘Equal provided. HUD encourages its funding government or the grantee at more than Protection of the Laws for Faith-Based recipients to adopt the goals and the daily equivalent of the rate of the and Community Organizations.’’ HUD is objectives of Section 508 by ensuring, high of the pay band paid for level IV committed to full implementation of whenever EIT is used, procured, or of the Executive Schedule, unless Executive Order 13279. The Executive developed, that persons with disabilities specifically authorized by law. Order established fundamental have access to and use of the m. OMB Circulars and Government- principles and policymaking criteria to information and data made available wide Regulations Applicable to guide Federal agencies in formulating through the EIT on a comparable basis Financial Assistance Programs. Certain and developing policies that have as is made available to and used by OMB Circulars also apply to HUD implications for faith-based and persons without disabilities. This does programs in this SuperNOFA. The community organizations to ensure the not affect recipients’ required policies, guidance, and requirements of equal protection for these organizations compliance with Section 504 of the OMB Circulars A–87 (Cost Principles in social services programs receiving Rehabilitation Act and, where Applicable to Grants, Contracts and Federal financial assistance. Consistent applicable, the Americans with Other Agreements with State and Local with this order, HUD has undertaken a Disabilities Act. Governments), A–21 (Cost Principles for review of all policies and regulations i. Procurement of Recovered Education Institutions), A–122 (Cost that have implications for faith-based Materials. State agencies and agencies of Principles for Nonprofit Organizations), and community organizations and has a political subdivision of a State that are A–133 (Audits of States, Local established a policy priority to provide using assistance under a HUD program Governments, and Non-Profit full and equal access to grassroots faith- NOFA for procurement, and any person Organizations), and the regulations at 24 based and other community-based contracting with such an agency with CFR part 84 (Grants and Agreements organizations in HUD program respect to work performed under an with Institutions of Higher Education, implementation. HUD revised its assisted contract, must comply with the Hospitals, and other Non-Profit program regulations in 2003 and 2004 to requirements of Section 6002 of the Organizations), and 24 CFR part 85 remove the barriers to participation of Solid Waste Disposal Act, as amended (Administrative Requirements for faith-based organizations in HUD by the Resource Conservation and Grants and Cooperative Agreements to funding programs (68 FR 56396, Recovery Act. State, Local, and Federally Recognized September 30, 2003), (69 FR 41712, July In accordance with Section 6002, Indian Tribal Governments), may apply 9, 2004), and (69 FR 62164, October 22, these agencies and persons must to the award, acceptance, and use of 2004). Copies of the regulatory changes procure items designated in guidelines assistance under the individual program can be found at http://www.hud.gov/ of the Environmental Protection Agency NOFAs of this SuperNOFA, and to the offices/adm/grants/fundsavail.cfm. (EPA) at 40 CFR part 247 that contain remedies for noncompliance, except h. Accessible Technology. Section 508 the highest percentage of recovered when inconsistent with the provisions of the Rehabilitation Act (Section 508) materials practicable, consistent with of HUD’s appropriations act for FY2006, requires HUD and other Federal maintaining a satisfactory level of other Federal statutes or regulations, or departments and agencies to ensure, competition, where the purchase price the provisions of this General Section. when developing, procuring, of the item exceeds $10,000 or the value Compliance with additional OMB

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circulars or government-wide applications must disclose to HUD’s (a) The program title and award regulations may be specified for a General Counsel or HUD’s Ethics Law number for each HUD award covered; particular program in the NOFA Division the following information, if (b) The HUD staff contact name, Program Section of the SuperNOFA. applicable: How the selection or non- phone, and fax numbers and Copies of the OMB circulars may be selection of any applicant under the (c) A grantee contact name, phone, obtained from EOP Publications, New FY2006 SuperNOFA will affect the and fax number; and Executive Office Building, Room 2200, individual’s financial interests, as (4) Require that each employee Washington, DC 20503, telephone (202) provided in 18 U.S.C. 208, or how the engaged in the performance of the 395–3080 (this is not a toll-free number) application process involves a party federally funded award be given a copy or (800) 877–8339 (toll-free TTY Federal with whom the individual has a covered of the drug-free workplace statement Information Relay Service) or from the relationship under 5 CFR 2635.502. The required in item (1) and notify the Web site at http://www.whitehouse.gov/ person must disclose this information employee that one of the following omb/circulars/index.html. before participating in any matter actions will be taken against the n. Environmental Requirements. If regarding a FY2006 NOFA. If you have employee within 30 calendar days of you become a recipient under one of questions regarding these provisions or receiving notice of any drug abuse HUD’s programs that assist in physical concerning a conflict of interest, you conviction: development activities or property may call the Office of General Counsel, (a) Institution of a personnel action acquisition, you are generally prohibited Ethics Law Division, at (202) 708–3815 against the employee, up to and from acquiring, rehabilitating, (this is not a toll-free number). including termination consistent with converting, demolishing, leasing, p. Drug-Free Workplace. Applicants requirements of the Rehabilitation Act repairing, or constructing property or awarded funds from HUD are required of 1973, as amended; or committing or expending HUD or non- to provide a drug-free workplace. (b) Imposition of a requirement that HUD funds for these types of program Compliance with this requirement the employee participate satisfactorily activities, until one of the following has means that the applicant will: in a drug abuse assistance or occurred: (1) Publish a statement notifying rehabilitation program approved for (1) HUD has completed an employees that it is unlawful to such purposes by a Federal, State, or environmental review in accordance manufacture, distribute, dispense, local health, law enforcement, or other with 24 CFR part 50; or possess, or use a controlled substance in appropriate agency. (2) For programs subject to 24 CFR the applicant’s workplace and that such q. Safeguarding Resident/Client Files. part 58, HUD has approved a recipient’s In maintaining resident and client files, Request for Release of Funds (Form activities are prohibited. The statement must specify the actions that will be HUD funding recipients shall observe HUD–7015.15) following a Responsible State and local laws concerning the Entity’s completion of an environmental taken against employees for violation of this prohibition. The statement must disclosure of records that pertain to review. individuals. Further, recipients are You, the applicant, should consult the also notify employees that, as a condition of employment under the required to adopt and take reasonable individual program NOFA for any measures to ensure that resident and program for which you are interested in Federal award, they are required to client files are safeguarded. applying to determine the procedures abide by the terms of the statement and for, timing of, and any exclusions from that each employee must agree to notify IV. Application and Submission environmental review under a particular the employer in writing of any violation Information program. For applicants applying for of a criminal drug statute occurring in A. Addresses To Request Application funding under the Section 202 the workplace no later than 5 calendar Package Supportive Housing for the Elderly days after such violation; program or Section 811 Supportive (2) Establish an ongoing drug-free This section describes how applicants Housing for Persons with Disabilities awareness program to inform employees may obtain application forms, program, please note the environmental about: additional information about the HUD review requirements for these programs. (a) The dangers of drug abuse in the program NOFAs, and technical o. Conflicts of Interest. If you are a workplace; assistance. Copies of the published consultant or expert who is assisting (b) The applicant’s policy of NOFAs and application forms for HUD HUD in rating and ranking applicants maintaining a drug-free workplace; programs announced through NOFAs for funding under this General Section (c) Any available drug counseling, may be downloaded from the Grants.gov or future NOFAs published in FY2006, rehabilitation, or employee maintenance Web site at http://www.grants.gov/FIND you are subject to 18 U.S.C. 208, the programs; and and chosen from links provided under Federal criminal conflict of interest (d) The penalties that may be imposed the topic ‘‘Search Grant Opportunities,’’ statute, and the Standards of Ethical upon employees for drug abuse which allows applicants to do a basic Conduct for Employees of the Executive violations occurring in the workplace; search or to browse by category or Branch regulation published at 5 CFR (3) Notify the Federal agency in agency. Applicants having difficulty part 2635. As a result, if you have writing within 10 calendar days after accessing the information may receive assisted or plan to assist applicants with receiving notice from an employee of a customer support from Grants.gov by preparing applications for programs in drug abuse conviction or otherwise calling its help line at (800) 518– the SuperNOFA or NOFAs published in receiving actual notice of a drug abuse GRANTS or sending an e-mail to FY2006, you may not serve on a conviction. The notification must be [email protected]. The customer selection panel and you may not serve provided in writing to HUD’s Office of service representatives will assist as a technical advisor to HUD. Persons Departmental Grants Management and applicants in accessing the information. involved in rating and ranking HUD Oversight, Department of Housing and Applicants that do not have Internet FY2006 NOFAs, including experts and Urban Development, 451 Seventh Street, access that need to obtain a copy of a consultants, must avoid conflicts of SW., Room 3156, Washington, DC NOFA can contact HUD’s NOFA interest or the appearance of conflicts. 20410–3000, along with the following Information Center toll-free at (800) Persons involved in rating and ranking information: HUD–8929. Persons with hearing or

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speech impairments may also call toll- contain a list of forms and other award or annual contributions contract free at (800) HUD–2209. documents that are part of the (ACC) by HUD. For technical support submission. The NOFA will also for downloading an application or 1. Application Kits identify which forms may be applicable submitting an application, please call There are no application kits for HUD to only certain applicants and if so, they Grants.gov Customer Support at (800) programs. All the information you need need to be submitted with the 518–GRANTS (this is a toll-free number) to apply will be in the NOFA and application. or send an e-mail to [email protected]. available at http://www.grants.gov/ b. The published Federal Register Apply. The NOFAs and forms can be document is the official document that 5. SuperNOFA Webcasts downloaded from http:// HUD uses to solicit applications. HUD provides technical assistance www.grants.gov/Apply, by clicking on Therefore, if there is a discrepancy and training on its programs announced Apply Step 1. Please pay attention to between any materials published by through NOFAs. The NOFA broadcasts the submission requirements and format HUD in its Federal Register are interactive and allow potential for submission specified in each publications and other information applicants to obtain a better program NOFA to ensure that you have provided in paper copy, electronic copy, understanding of the threshold, submitted all required elements of your or at http://www.grants.gov, the Federal program, and application submission application. Register publication prevails. Please be requirements for funding. Participation 2. Official NOFA Content Retrieval sure to review your application in this training opportunity is free of submission against the requirements in charge and can be accessed via HUD’s In order to retrieve the instructions, the Federal Register file for the program Web site at http://www.hud.gov/offices/ applicants must go to the Grants.gov NOFA or NOFAs to which you are adm/grants/fundsavail.cfm. The Web site entitled ‘‘Download applying. By accessing the information SuperNOFA Webcast schedule can also Application Package’’ at https:// via Grants.gov you will not have to wait _ _ be found via HUD’s Web site at apply.grants.gov/forms apps idx.html. for copies of the NOFAs or forms to http://www.hud.gov/webcasts/ Insert the Catalog of Federal Domestic begin to prepare your application. HUD index.cfm. Assistance (CFDA) number or the is continuing to streamline programs Funding Competition ID, or the Funding and application submission B. Content and Form of Application Opportunity Number. Once this requirements and encourages applicants Submission information has been inserted, click on to provide HUD with additional Be sure to read and follow the the ‘‘Download Package’’ button. The suggestions. application submission requirements next page on the Web site, ‘‘Selected 3. Guidebook and Further Information published in each individual program Grant Application for Download,’’ NOFA for which you are submitting an instructs applicants to download the A guidebook to HUD programs application. application and its instructions by entitled, ‘‘Connecting with selecting the corresponding download Communities: A User’s Guide to HUD 1. Forms link and saving the files to the Programs and the FY2006 NOFA Each program NOFA will identify all applicant’s computer for future Process,’’ is available from the HUD the required forms for submission. reference and use. You do not need to NOFA Information Center and the HUD HUD’s standard forms are identified be registered to read the instructions or Web site at http://www.hud.gov/offices/ below: complete the application once you have adm/grants/fundsavail.cfm. The a. Application for Federal Assistance downloaded it and saved it on your guidebook provides a brief description (SF–424); computer. of all HUD programs, identifies eligible b. Survey on Ensuring Equal a. Instructions and Application applicants for the programs, and Opportunity for Applicants (SF–424 Download Contents. The instructions provides examples of how programs can Supplement); download will contain several files, the work in combination to serve local c. Grant Application Detailed Budget General Section, the Program Section, community needs. You can also obtain (HUD–424–CB); and any other forms that are not part of a copy from the NOFA Information d. Grant Application Detailed Budget the Application Download. The Center by calling (800) HUD–8929. The Worksheet (HUD–424–CBW); Application Download will contain a hearing impaired may call (800) HUD– e. Disclosure of Lobbying Activities cover page entitled ‘‘Grant Application 2209 (TTY) (both are toll-free numbers). (SF–LLL), if applicable; Package.’’ The cover page provides The NOFA Information Center is open f. Applicant/Recipient Disclosure/ information regarding the application between the hours of 10 a.m. to 6:30 Update Report (HUD–2880); package you have chosen to download, p.m. eastern time, Monday through g. Certification of Consistency with i.e., Opportunity Title, Agency Name, Friday, except on Federal holidays. The RC/EZ/EC–II Strategic Plan (HUD– CFDA Number, etc., so that you can NOFA Information Center will open 2990), if applicable; ensure that you have selected the with the publication of this Notice. h. Certification of Consistency with correct application to prepare. The the Consolidated Plan (HUD–2991), if 4. Technical Assistance Grant Application cover page separates applicable; the required forms into two categories: HUD staff will be available to provide i. Acknowledgment of Application ‘‘Mandatory Documents’’ and ‘‘Optional you with general guidance and technical Receipt (HUD–2993); Documents.’’ Please note that regardless assistance about this notice or about j. You Are Our Client Grant Applicant of the box in which the forms are listed, individual program NOFAs. However, Survey (HUD 2994–A) (Optional); the published Federal Register HUD staff is not permitted to help k. Program Outcome Logic Model document is the official document HUD prepare your application. Following (HUD–96010); uses to solicit applications. Therefore, selection of applicants, but before l. Race and Ethnic Data Reporting applicants should follow the submission announcement of awards are made, Form (HUD–27061), if applicable; requirements in the published NOFA for HUD staff is available to assist in m. America’s Affordable Communities the program in which they are applying clarifying or confirming information Initiative (HUD–27300), if applicable; for funding. The Program NOFA will that is a prerequisite to the offer of an and

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n. Facsimile Transmittal (HUD– package. The applicant further agrees to 5. Upload the application using 96011). and certifies that it will require all Internet Explorer or Netscape browsers. Copies of these forms are available at subawards at all tiers including If the application fails any of these HUD’s Web site at http://www.hud.gov/ subgrants and contracts to similarly items on the validation check, the offices/adm/grants/nofa06/ certify and disclose accordingly. application will be rejected. The snofaforms.cfm. Any additional c. Federally recognized Indian tribes validation check occurs 24 to 48 hours program form required to be submitted and tribally designated housing entities to meet specific program requirements (TDHEs) established by a federally after the application submission. is included with each program NOFA. recognized Indian tribe, as a result of Therefore, HUD recommends that all The electronic instructions contain all the exercise of the tribe’s sovereign applicants submit their application no forms required for submission that are power, are excluded from coverage by later than 48 to 72 hours before the not PureEdgeTM forms. The application item b. (also known as the Byrd deadline. That way, if the application download contains only the PureEdgeTM Amendment). However, State- fails the validation process, the forms. To have all the forms needed for recognized Indian tribes and TDHEs applicant will receive an e-mail application submission, applicants must established under State law are not notification providing the error download the instructions as well as the excluded from the statute’s coverage messages. By submitting 48 to 72 hours application. and therefore agree to, and must comply in advance of the deadline, applicants with, item b. above. have time to cure deficiencies in their 2. Certifications and Assurances By submitting an application, the application and resubmit it in time to The form SF–424–B, Assurances and applicant affirms its awareness of these meet deadline requirements. In Certifications, is no longer required as a certifications and assurances. The developing the application submission separate submission. However, Authorized Organization Representative dates, HUD has considered the applicants are placed on notice that by submitting the application is affirming validation process and established due signing the SF–424 cover page: that these certifications and assurances dates for all NOFAs that build in the a. The governing body of the are material representations of the facts additional time for the validation applicant’s organization has duly upon which HUD will rely when process. For example, if HUD previously authorized the application for Federal making an award to the applicant. If it provided a 60-day application period, assistance. In addition, by signing or is later determined that the signatory to HUD will provide a 63-day application electronically submitting the the application submission knowingly period in FY2006. application, the Authorized made a false certification or assurance Organization Representative (AOR) or did not have the authority to make a D. Intergovernmental Review certifies that the applicant: legally binding commitment for the (1) has the legal authority to apply for Executive Order 12372, applicant, the applicant may be subject ‘‘Intergovernmental Review of Federal Federal assistance and the institutional, to criminal prosecution, and HUD may Programs,’’ was issued to foster managerial, and financial capacity terminate the award to the applicant intergovernmental partnership and (including funds to pay for any non- organization or pursue other available strengthen federalism by relying on Federal share of program costs) to plan, remedies. manage, and complete the program as State and local processes for the described in the application; C. Deadline Dates and Times coordination and review of Federal (2) will provide HUD any additional Applications submitted through financial assistance and direct Federal information it may require; and Grants.gov must be received and development. HUD implementing (3) will administer the award in validated by Grants.gov no later than regulations are published at 24 CFR part compliance with requirements 11:59:59 p.m. eastern time on the 52. The order allows each State to identified and contained in the NOFA application deadline date. Important designate an entity to perform a State (General and Program Sections) as Submission Tip: Please be aware that review function. Applicants can find the applicable to the program for which when submitting an application via official listing of State Points of Contact funds are awarded and in accordance Grants.gov, you will first receive a (SPOC) for this review process at http:// with requirements applicable to the confirmation notice that Grants.gov www.whitehouse.gov/omb/grants/ program. received the application. The spoc.html. States not listed on the Web b. No appropriated Federal funds application will then go through a site have chosen not to participate in the have been paid or will be paid, by or on validation process. If the validation intergovernmental review process and, behalf of the applicant, to any person for process finds problems with the therefore, do not have a SPOC. If your influencing or attempting to influence application, it will be rejected and State has a SPOC, you should contact an officer or employee of any agency, a unavailable for retrieval by HUD. The the SPOC to see if it is interested in member of Congress, or an employee of validation check ensures that: reviewing your application before a member of Congress, in connection 1. The application is virus free; submission to HUD. with this application for Federal 2. The application meets the deadline Please make sure that you allow assistance or any award of funds requirements established for the funding ample time for this review when resulting from the submission of this opportunity; application for Federal assistance or its 3. The DUNS number submitted on developing and submitting your extension, renewal, amendment, or the application matches the DUNS applications. If your State does not have modification. If funds other than number in the registration, and that the a SPOC, you can submit your Federal appropriated funds have been or Authorized Organization Representative application directly to HUD using will be paid for influencing or has been authorized to submit the Grants.gov. attempting to influence the persons application for funding by the E. Funding Restrictions listed above, the applicant agrees to organization identified by its DUNS complete and submit Standard Form number; and The individual program NOFAs will LLL, Disclosure of Lobbying Activities, 4. All the mandatory fields and forms describe any funding restrictions that as part of its application submission were completed on the application. apply to each program.

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F. Other Submission Requirements complete this process because security approximately 10 business days to Application Submission and Receipt information has to be sent to the complete. Therefore, applicants must Procedures. This section provides the organization. allow sufficient time to complete their Note that CCR registration expires on application submission and receipt registration prior to submitting their an annual basis and, therefore, it must instructions for HUD program application. Applicants can submit their be updated to remain active. The CCR applications. Please read the following application to Grants.gov once they are will send the E-Business POC an e-mail instructions carefully and completely, fully registered. Please note that the message 30 days before the expiration Internal Revenue Service takes as failure to comply with these date of their current registration. If the approximately 5 weeks to provide a new procedures may disqualify your E-Business POC does not update the organization with a Tax Identification application. CCR registration by the expiration date, Number (TIN) or Employer 1. Electronic Submission of the CCR will send the organization a Identification Number (EIN). You will Applications letter notifying it that its account has need a TIN or EIN to register in the CCR. been deactivated. Applicants must submit their Please allow sufficient time to obtain c. Step three requires that AORs from the TIN or EIN if you currently do not applications electronically through the organization register with the Grants.gov. HUD described the have one for your organization, as you Credential Provider to obtain their will need the number to complete the Grants.gov registration process in its username and password, via the Web Early Grants.gov Registration notice registration process in CCR. site, https://apply.grants.gov/ b. Applicants must remember the published in the Federal Register on OrcRegister. The AOR usernames and password and ID they are provided December 9, 2005 (70 FR 73332), and in passwords serve as ‘‘electronic during the registration process. other information available at http:// signatures’’ when an AOR submits an Passwords and IDs are case sensitive. www.grants.gov/GetStarted. The site application via Grants.gov on behalf of Forgetting your password or ID could provides registration checklists that an organization. AORs must wait until delay the timely submission of your applicants are advised to use, to ensure after their organization has received application. that they have all the information they registration confirmation from the CCR c. Applicants must register and the E- need to complete all the steps in the before they can obtain their user names Business Point of Contact must registration process. Past applicants and passwords. AORs designate their authorize the individual(s) who will be have found that the checklists made user name and password when submitting the application on behalf of their registration easier and faster. registering with a credential provider. the organization. By authorizing the There are five sequential steps AORs will receive validation of their person to submit on behalf of the required for an applicant to complete user names and passwords on the same organization, the organization is stating the Grants.gov registration process: day that they submit the information that the person can make a legally a. Step one is to call Dun and online. binding commitment for the Bradstreet and request a Dun and d. Step four requires the AORs to organization. Bradstreet Universal Data Numbering register with Grants.gov. AORs must 3. Instructions On How To Submit an System (DUNS) number for the register with Grants.gov to obtain an Electronic Application to HUD via organization (if it does not already have account at the Web site, https:// http://www.grants.gov/Apply one), as described above. The DUNS apply.grants.gov/GrantsgovRegister. number is used by the Federal AOR registration with Grants.gov allows a. Complete Application Package. Government to identify the AORs to submit applications on behalf Grants.gov has a full set of instructions organization. Organizations should be of the organization and to track the on how to complete a grant application able to obtain a DUNS number on the status of submitted applications. on its Web site at http:// same date they contact Dun and e. Step five requires the E-Business www.grants.gov/CompleteApplication. Bradstreet by phone (866) 705–5711 POC to approve the designated AORs. Applicants are encouraged to read the (this is a toll-free number). When an AOR registers with Grants.gov ‘‘Complete Application Package’’ Web b. Step two is to register with the (step 4), the E-Business POC will receive site. The site contains a multimedia Central Contractor Registry (CCR) either an e-mail notification. The E-Business demonstration that guides applicants toll-free by telephone ((888) 227–2423) POC must subsequently log into through the process of completing an or by going online at http:// Grants.gov (using the organization’s application package. The training www.ccr.gov. When an organization DUNS number as the user name and the demonstration is also available in text registers with the CCR, the organization M–PIN as the password) and approve format on the Web site. Grants.gov will be required to designate an E- the AOR(s), thereby giving each allows applicants to download the Business Point of Contact (E-Business approved AOR permission to application package, application POC). The E-Business POC will electronically submit applications on instructions, and forms incorporated in designate a special password called an behalf of the organization using the instructions and work off-line. In ‘‘M–PIN.’’ The password gives the E- Grants.gov. Only the organization’s E- addition to forms that are part of the Business POC sole authority to Business POC can approve AORs. After application instructions downloaded designate which staff member(s) from the E-Business POC approves an AOR, from Grants.gov, there are a series of the organization will be allowed to Grants.gov will send the AOR electronic forms that use a PureEdgeTM submit applications electronically on its confirmation of the approval via e-mail. Reader. The PureEdgeTM Reader is behalf. Staff members that are See HUD’s Notice on Early Registration available free for download from Step 2 designated by the organization’s E- for complete details of the registration of http://www.grants.gov/Get Started. Business POC to submit applications on process and steps. Grants.gov has an updated version of its behalf are called Authorized the PureEdge Viewer (version 6.2). If Organization Representatives (AORs). 2. Important Registration Tips applicants have not upgraded their Registering with the CCR is required for a. The registration process is distinct version of the PureEdge viewer, they an organization to be able to use from application submission and must do so before downloading the Grants.gov. It takes 1 to 3 days to encompasses five-steps that can take application package. The PureEdgeTM

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Reader allows applicants to read the (1) Narrative Statements to the their electronic applications. HUD will electronic files in a form format so that Factors for Award. If you are required to not accept entire applications by fax. they will look like any other Standard submit narrative statements, you must HUD will disqualify applications or HUD form. The PureEdgeTM forms submit them as an electronic file in submitted entirely by fax. have content-sensitive help. To use this Microsoft Word (version 9 or earlier), Facsimiles submitted in response to a feature, click on the icon that features Microsoft Excel 2000, or in Portable NOFA must use the form HUD–96011. an arrow with a question mark at the top Document Format (PDF) that is The transmittal form to be downloaded of the page. This engages the content- compatible with AdobeTM Reader with the application can be found on sensitive help for each field on the version 6.0 or earlier. If HUD receives a Grants.gov. The transmittal form found electronic form. The PureEdgeTM forms file in a format other than those in the downloaded application contains can be downloaded and saved on your specified, HUD will not be able to read a unique identifier that allows HUD to hard drive, network drive(s), or CDs. the file, and it will not be reviewed. match an applicant’s application Because of the size of the application, Each response to a Factor for Award submitted via Grants.gov with faxes HUD recommends downloading the should be clearly identified and can be coming from a variety of sources. application to your computer hard incorporated into a single attachment or Therefore, for HUD to correctly match a drive. all attachments zipped together into a fax to a particular application, the The instructions include the General single attached file. Program NOFAs applicant must use and require third and Program NOFA sections of the may specify if they want the files parties that fax documentation on its Federal Register publication and submitted separately or as a single behalf to use the form HUD–96011 as required forms that have not been attachment file, so please carefully the cover page of the facsimile. Using converted to a PureEdgeTM form. Each review the program NOFA requirements the form HUD–96011 will ensure that program NOFA also includes a for submission format when they are HUD can electronically read faxes checklist. Please review the checklist in published. Documents that applicants submitted by and on behalf of an the program section to ensure that your possess in electronic format, e.g., applicant and match them to the application contains all the required narratives they have written, or graphic applicant’s application package received materials. images (such as Computer Aided Design via Grants.gov. When you download an application MacIntosh users will need to use the (CAD) files from an architect), must be package from Grants.gov, be sure to save Virtual PC emulator software, which attached using the ‘‘Attachments’’ form it to your hard drive, complete the SF– allows PC software to run on MacIntosh included in the application package 424, and then provide copies of the form platforms. More information on downloaded from Grants.gov. In order HUD–96011 facsimile transmittal cover PureEdgeTM Support for MacIntosh to reduce the size of its attachments, page to third parties that will submit Users is available at http:// applicants can compress all or several information in support of your www.grants.gov/CompleteApplication#, files using a ZIP utility. Applicants can then attach the zipped file as described application. Do not download the same located under the topic Tips and Tools. application package from Grants.gov Grants.gov is in the process of above. (2) Third Party Letters, Certifications more than once. Each time the upgrading its system to allow MacIntosh Requiring Signatures, and Other application package is downloaded, the users to be able to view PureEdge forms. Documentation. Applicants required to forms are given a unique ID number. To The new feature will be issued shortly. submit third party documentation (e.g., ensure that all the forms in your Please check the Grants.gov Web site for establishing matching or leveraged fund, package contain the same unique ID the announcement of this additional documentation of 501(c)(3) status or number, after downloading your feature. application complete the SF–424, save TM incorporation papers, documents that b. Mandatory Fields on PureEdge the forms to your hard drive, and use TM support the need for the program, Forms. In the PureEdge forms, you memoranda of understanding (MOUs), the saved forms to create your will find fields with a yellow or program required documentation that application. If you have to provide a background. These data fields are supports your organization’s claims copy of the form HUD–96011 to another mandatory and must be completed. regarding work that has been done to party that will be responsible for faxing c. Completion of SF–424 Fields First. remove regulatory barriers to affordable an item as part of your application, TM The PureEdge forms are designed to housing) can choose from the following make a copy of the facsimile transmittal automatically populate common data two options, as a way to provide HUD cover page from your downloaded such as the applicant name and address, with the documentation: application and provide that copy to the DUNS number, etc., on all PureEdgeTM (a) Scanning Documents to Create third party for use with the fax electronic forms. In order to trigger this Electronic Files. Scanning documents transmission. Please instruct third function, the Standard Form 424 (SF– increases the size of files. Applicants parties to use the form HUD–96011 that 424) must be completed first. Once may not submit scanned files unless the you have provided as a cover page when applicants complete the SF–424, the facsimile solution described below will they submit information supporting information entered will transfer to the not work due to the nature of the your application using the facsimile other forms. document. Electronic files must be method, because it contains the d. Submission of Narrative labeled so that the recipient at HUD will embedded ID number that is unique to Statements, Third Party Letters, and know what the file contains. Program your application submission. Certifications. In addition to forms, NOFAs will indicate any naming Applicants must fax their information, many of the NOFAs require the conventions that applicants must use and third parties must fax information submission of other documentation, when submitting files using the in support of an applicant’s application, such as third party letters, certifications, attachment form. using the HUD–96011 facsimile or program narrative statements. This (b) Faxing Required Documentation. transmittal cover page, to the following section discusses how you should Applicants may submit the required fax number: (800) HUD–1010. If you submit this additional information documentation to HUD by facsimile. cannot access this 800 number or have electronically as part of your Applicants may only use the fax method problems, you may use (215) 825–8798 application: to submit attachments that are part of (this is not a toll-free number). Failure

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to use the form HUD–96011 as the cover document was timely submitted to (3) An applicant will receive an page will create a problem in HUD. In cases where receipt may be in acknowledgement of receipt and a electronically matching your faxes to question, the transmittal receipt is your tracking number from Grants.gov with the application. If HUD is unable to proof of timely receipt and successful the successful transmission of its match the faxes electronically due to an submission. application followed by the validation applicant’s failure to follow these (c) Submissions Using Other File receipt. When the validated application directions, HUD will not hand-match Formats. If you are required to submit is transmitted from Grants.gov to HUD, faxes to applications and not consider files in other formats such as CAD files the applicant will receive an e-mail the faxed information in rating the of architectural drawings and notification that the application was application. blueprints, or pictures, you must attach received by the funding agency. In addition, applicants must fax these as electronic files in PDF format Applicants should print and file these individual documents as separate that is compatible with Adobe TM Reader receipts along with facsimile receipts for submissions to avoid fax transmission version 6.0 or earlier. The files should information provided by facsimile, as problems. When faxing several be part of the zipped folder that is proof of timely submission. Applicants documents, applicants must use the attached and submitted with your will be considered as meeting the form HUD–96011 as the cover page for application transmission. deadline date requirements when each document (e.g., Letter of Matching e. Customer Support. The Grants.gov Grants.gov has received and validated or Leveraging funds, Memorandum of Web site provides customer support via your application no later than the Understanding, Certification of (800) 518–GRANTS (this is a toll-free deadline date and time, and all fax Consistency with the Consolidated Plan, number) or via e-mail at transmissions have been received by the etc.) Please be aware that faxing large [email protected]. The customer deadline date and time. documents at one time may result in support center is open from 7 a.m. to 9 (4) Applications validated by transmission failures. Be sure to check p.m. eastern time, Monday through Grants.gov after the established deadline the record of your transmission issued Friday, except Federal holidays, to date and time for the program will be by the fax machine to ensure that your address Grants.gov technology issues. considered late. HUD will not consider fax submission was completed ‘‘OK.’’ For technical assistance to program- any late application submissions. For large or long documents, HUD related questions, contact the number Similarly, HUD will not consider suggests that you divide the document listed in Section VII Agency Contact in information submitted by facsimile as part of the application if received by into smaller sections for faxing the program NOFA you are applying for. purposes. Each time you fax a document HUD after the established deadline date that you have divided into smaller 4. Timely Receipt Requirements and and time. Please take into account the sections, you should indicate on the Proof of Timely Submission transmission time required for cover sheet the section number of the a. Electronic Submission. submitting your application via the total number of sections that you Internet and the time required to fax any (1) All applications must be received submitted, (e.g., ‘‘Part 1 of 4 parts’’ or related documents. HUD suggests that and validated by Grants.gov by 11:59:59 ‘‘pages 1–10 of 20 pages’’). applicants submit their applications p.m. eastern time on the application Your facsimile machine should during the operating hours of the deadline date established for each provide you with a record of whether Grants.gov Support Desk so that, if there HUD received your transmission. If you program NOFA. If the application is not are questions concerning transmission, get a negative response or a validated before the deadline date, it operators will be available to assist you transmission error, you should resubmit will not be considered as meeting the through the process. Submitting your the document until you confirm that deadline requirements. application during the Support Desk HUD has received your transmission. Important Submission Tip: Upon hours will also ensure that you have HUD will not acknowledge that it successful submission, an applicant will sufficient time for the application to received a fax successfully. When HUD receive an e-mail notification complete its transmission before the receives a fax electronically, HUD will confirming receipt and indicating the application deadline. electronically read it with an optical application is being validated and that (5) Applicants using dial-up character reader and attach it to the the validation process will be completed connections should be aware that application submitted through in approximately 24 to 48 hours. If the transmitting your application takes extra Grants.gov. Applicants and third parties application does not pass the validation time before Grants.gov receives it. submitting information in support of the check, it will be rejected and the Grants.gov will provide either an error applicant’s application may submit applicant notified of the reason for the or a successfully received transmission information by facsimile transmissions rejected application. Applicants should message. The Grants.gov Support Desk at any time before the application therefore not assume because Grants.gov reports that some applicants abort the deadline date. Applicants must ensure received an application, that they have transmission because they think that that the form HUD–96011 used to fax successfully submitted the application nothing is occurring during the information matches their electronic until they receive the validation notice. transmission process. Please be patient application (i.e., is part of the If a rejection notice is received, the and give the system time to process the application package downloaded from applicant should review the reasons for application. Uploading and transmitting Grants.gov). All faxed materials must be rejection and, if time permits, correct a large file, particularly electronic forms received no later than 11:59:59 p.m. the error(s) and resubmit the application with associated eXtensible mark-up eastern time on the application deadline in time to meet the deadline language (XML) schema, will take date. HUD will store the information requirements. considerable time to process and be and match it to the electronic (2) Proof of timely submission and received by Grants.gov. application when HUD receives it from validation is automatically recorded by Important Submission Tip. When Grants.gov. Grants.gov. An electronic time stamp is submitting an application electronically, Facsimile Transmission Tip: Be sure generated within the system when the applicants should take the following to save your receipt of successful application has been successfully steps to speed up the transmission facsimile transmission as proof that the received and validated. process:

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• Close all other applications running forwarding applications to the V. Application Review Information on the computer used for the upload; appropriate location. Applicants should A. Criteria • Save the completed application to pay close attention to these submission the desktop, checking to make sure that and timely receipt instructions, as they 1. Factors for Award Used To Evaluate the file that you intend to submit is the can make a difference in whether HUD and Rate Applications complete and final version of your will accept your application for funding For each program NOFA, the points application; consideration. awarded for the rating factors total 100. • Open and view all attachment files Depending on the program for which to make sure they are the final versions 5. Waiver of Electronic Submission you are seeking funding, the funding of the attachments that you plan to Requirements opportunity may provide up to four submit. Check your system to make sure bonus points as provided below: other versions are not still saved and For FY2006, the procedures for a. RC/EZ/EC-II. HUD will award two delete old versions so you do not submit obtaining a waiver of the electronic bonus points to each application that the wrong attachments in the submission requirement have changed. includes a valid form HUD–2990 application submission; On December 29, 2005 (70 FR 77292), certifying that the proposed activities/ • Check the application for errors HUD published a final rule that projects in the application are consistent using the check application for errors established in 24 CFR 5.1005 the with the strategic plan for an button contained in the Grants.gov regulatory framework for HUD’s empowerment zone (EZ) designated by application; if errors are found, follow electronic submission requirement, as HUD or the U.S. Department of each error message and correct the error; well as the procedures for obtaining a • Submit your application using waiver. Applicants seeking a waiver of Agriculture (USDA), the tax incentive Internet Explorer or Netscape browsers. the electronic submission requirement utilization plan for an urban or rural Grants.gov has been tested using these must request a waiver in accordance renewal community designated by HUD browsers, and HUD has found easier with 24 CFR 5.1005. If the waiver is (RC), or the strategic plan for and transmission with these browsers than granted, the applicable program office’s enterprise community designated in others; response will include instructions on round II by USDA (EZ-II), and that the • Transmission, even for very large how, where, and how many hard copies proposed activities/projects will be located within the RC/EZ/EC-II applications, should be completed in a of the paper application must be identified above and are intended to few minutes. Transmission should not submitted. Applicants that are granted a serve the residents. For ease of reference take longer than an hour. If transmission waiver of the electronic submission in this notice, all of the federally takes longer, close down the requirement will not be afforded designated areas are collectively application, and contact the Grants.gov additional time to submit their referred to as ‘‘RC/EZ/EC-IIs’’ and help line, retaining the help desk ticket applications. The deadlines for number for future reference. You may residents of any of these federally applications will remain as provided in designated areas as ‘‘RC/EZ/EC-II also use the submit tips available on the the program section of the SuperNOFA Grants.gov Web site; residents.’’ The individual funding • and as per the final Appendix A to be announcements will indicate if the Submit the application to published with the SuperNOFA Grants.gov 48 to 72 hours in advance of bonus points are available under the program sections. As a result, applicants program. This notice contains a the deadline to provide sufficient time seeking a waiver of the electronic to correct any validation errors noted certification that must be completed for application submission requirement the applicant to be considered for RC/ and address any registration issues; should submit their waiver request with • If validation errors are reported, EZ/EC-II bonus points. Applicants can sufficient time to allow HUD to process correct the validation errors and obtain a list of RC/EZ/EC-IIs from HUD’s and respond to the request. Applicants resubmit the application if it is prior to grants Web page at http://www.hud.gov/ should also allow themselves sufficient the deadline date; late applications will offices/adm/grants/fundsavail.cfm. time to submit their application so that not be accepted by Grants.gov; Applicants can determine if their • If you are not sure what to do, call HUD receives the application by the program or project activities is located the Grants.gov help desk and retain the established deadline date. For this in one of these designated areas by ticket number for future reference. reason, HUD strongly recommends that using the locator on HUD’s Web site at • Do not attempt to submit an applicant that finds it is unable to http://egis.hud.gov/egis/. electronically if the computer you are submit its application electronically and b. Brownfields Showcase using does not meet the minimum must seek a waiver of the electronic Communities. In the Brownfields requirements for electronic submission. grant submission requirement, submit Economic Development Initiative (BEDI) These requirements are listed on the its waiver request to the headquarters of competition, two bonus points are Grants.gov Web site, as well as HUD’s the applicable HUD office available for federally designated Web site; approximately no later than 15 days Brownfields Showcase Communities. • If you get an ‘‘MEC’’ error message, before the application deadline date. (Please see the FY2006 BEDI program it is a Microsoft Configuration Error. This will allow time for HUD to process NOFA, when published, for additional Contact your software provider or your the waiver request and give the information.) The designation of computer/information technology applicant sufficient time to submit the Brownfields Showcase Communities is support desk to help you configure your paper application to meet the deadline a Federal agency initiative sponsored by system for the size files you are trying date requirement if the waiver is 20 Federal agencies, including HUD. A to upload. This is not a Grants.gov granted. To expedite the receipt and list of the federally designated system issue, but rather an issue with review of such requests, applicants may Brownfields Showcase Communities is your computer configuration. e-mail their requests to the program available at http://www.epa.gov/ b. Late applications, whether received contact listed in the program NOFA. swerosps/bf/html-doc/showfact.htm. electronically or in hard copy, will not Applications that are received after the c. The Five Standard Rating Factors receive funding consideration. HUD will established deadline date will not be for FY2006. HUD has established the not be responsible for directing or considered. following five standard factors for

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awarding funds under the majority of its c. Strengthen Communities. a. Providing Increased FY2006 program NOFAs. Additional (1) Provide capital and resources to Homeownership and Rental details about the five rating factors and improve economic conditions in Opportunities for Low- and Moderate- the maximum points for each factor are distressed communities. Income Persons, Persons with provided in the program NOFAs. For a (2) Help organizations access the Disabilities, the Elderly, Minorities, and specific funding opportunity, HUD may resources they need to make their Persons with Limited English modify these factors to take into account communities more livable. Proficiency. Too often, these individuals explicit program needs or statutory or (3) End chronic homelessness. and families are shut out of the housing regulatory limitations. Applicants (4) Mitigate housing conditions that market through no fault of their own. should carefully read the factors for threaten health. Often, developers of housing, housing award as described in the program d. Ensure Equal Opportunity in counseling agencies, and other Housing. NOFA to which you are responding. organizations engaged in the housing (1) Resolve discrimination complaints The standard factors for award, except industry must work aggressively to open on a timely basis. as modified in the program NOFAs, are (2) Promote public awareness of fair up the realm of homeownership and listed below. housing laws. rental opportunities to low- and Factor 1: Capacity of the Applicant and (3) Improve housing accessibility for moderate-income persons, persons with Relevant Organizational Staff. persons with disabilities. disabilities, the elderly, minorities, and Factor 2: Need/Extent of the Problem. e. Embrace High Standards of Ethics, persons with limited English Factor 3: Soundness of Approach. Management, and Accountability. proficiency. Many of these families are Factor 4: Leveraging Resources. (1) Rebuild HUD’s human capital and anxious to have homes of their own, but Factor 5: Achieving Results and further diversify its workforce. are not aware of the programs and Program Evaluation. (2) Improve HUD’s management and assistance that are available. Applicants The Continuum of Care Homeless its internal controls and systems, as well are encouraged to address the housing, Assistance programs have only two as resolve audit issues. housing counseling, and other related factors that receive points: Need and (3) Improve accountability, service supportive service needs of these Continuum of Care. delivery, and customer service of HUD individuals and coordinate their B. Reviews and Selection Process and its partners. proposed activities with funding (4) Ensure program compliance. available through HUD’s affordable 1. HUD’s Strategic Goals To Implement f. Promote Participation of Grassroots housing programs and home loan HUD’s Strategic Framework and Faith-Based and Other Community- programs. Demonstrate Results Based Organizations. Proposed activities support strategic HUD is committed to ensuring that (1) Reduce regulatory barriers to goals a, b, and d. programs result in the achievement of participation by grassroots faith-based b. Improving our Nation’s HUD’s strategic mission. To support this and other community-based Communities. HUD wants to improve effort, grant applications submitted for organizations. the quality of life for those living in (2) Conduct outreach to inform HUD programs will be rated on how distressed communities. Applicants are potential partners of HUD opportunities. well they tie proposed outcomes to encouraged to include activities that: (3) Expand technical assistance (1) Bring private capital into HUD’s policy priorities and annual resources deployed to grassroots faith- goals and objectives, as well as the distressed communities; based and other community-based (a) Finance business investments to quality of the applicant’s proposed organizations. evaluation and monitoring plans. HUD’s grow new businesses; (4) Encourage partnerships between (b) Maintain and expand existing strategic framework establishes the grassroots faith-based and other businesses; following goals and objectives for the community-based organizations and (c) Create a pool of funds for new Department: HUD’s traditional grantees. a. Increase Homeownership small and minority-owned businesses; Additional information about HUD’s and Opportunities. Strategic Plan FY 2003–FY 2008, and (1) Expand national homeownership (d) Create decent jobs for low-income 2002–2005 Annual Performance Plans is persons. opportunities. available at http://www.hud.gov/offices/ (2) Increase minority homeownership. (2) Improve the environmental health (3) Make the home-buying process cfo/reports/cforept.cfm. and safety of families living in public less complicated and less expensive. 2. Policy Priorities and privately owned housing by (4) Fight practices that permit including activities that: HUD encourages applicants to (a) Coordinate lead hazard reduction predatory lending. undertake specific activities that will (5) Help HUD-assisted renters become programs with weatherization activities assist the Department in implementing homeowners. funded by State and local governments (6) Keep existing homeowners from its policy priorities and achieving its and the Federal Government; and losing their homes. goals for FY 2006 and beyond, when the (b) Reduce or eliminate health related b. Promote Decent Affordable majority of funding recipients will be hazards in the home caused by toxic Housing. reporting programmatic results and agents, such as molds and other (1) Expand access to affordable rental achievements. Applicants that include allergens, carbon monoxide, and other housing. work activities that specifically address hazardous agents and conditions. (2) Improve the physical quality and one or more of these policy priorities (3) Make communities more livable management accountability of public will receive higher rating scores than by: and assisted housing. applicants that do not address these (a) Providing public and social (3) Increase housing opportunities for HUD priorities. Each NOFA issued in services; and the elderly and persons with FY 2006 will specify which priorities (b) Improving infrastructure and disabilities. relate to a particular program and how community facilities. (4) Help HUD-assisted renters make many points will be awarded for Activities support strategic goals b, c, progress toward self-sufficiency. addressing those priorities. and d.

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c. Encouraging Accessible Design products and environments to be usable increasing homeownership and rental Features. As described in Section by all people to the greatest extent housing opportunities in neighborhoods III.C.2.c, applicants must comply with possible, without the need for of choice, developing affordable and applicable civil rights laws, including adaptation or specialized design. The accessible housing in neighborhoods the Fair Housing Act, Section 504 of the intent of universal design is to simplify across the country, creating economic Rehabilitation Act of 1973, and the life for everyone by making products, development programs, and supporting Americans with Disabilities Act. These communications, and the built the residents of public housing laws and the regulations implementing environment more usable by as many facilities. HUD seeks to make its them provide for nondiscrimination people as possible at little or no extra programs more effective, efficient, and based on disability and require housing cost to the user. Universal design accessible by expanding opportunities and other facilities to incorporate benefits people of all ages and abilities. for grassroots organizations to certain features intended to provide for In addition to any applicable required participate in developing solutions for their use and enjoyment by persons accessibility feature under Section 504 their own neighborhoods. Additionally, with disabilities. HUD is encouraging of the Rehabilitation Act of 1973 or the HUD encourages applicants to include applicants to add accessible design design and construction requirements of these grassroots faith-based and other features beyond those required under the Fair Housing Act, the Department community-based organizations in their civil rights laws and regulations. These encourages applicants to incorporate the work plans. Applicants, their partners, features would eliminate many other principles of universal design when and participants must review the barriers limiting the access of persons developing housing, community individual FY2006 HUD program with disabilities to housing and other facilities, and electronic communication announcements to determine whether facilities. Copies of the Uniform Federal mechanisms, or when communicating they are eligible to apply for funding Accessibility Standards (UFAS) are with community residents at public directly or whether they must establish available from the NOFA Information meetings or events. a working relationship with an eligible Center at (800) HUD–8929 or (800) HUD believes that by creating housing applicant in order to participate in a HUD–2209 (TTY) (these are toll-free that is accessible to all, it can increase HUD funding opportunity. Grassroots numbers) and also from the Office of the supply of affordable housing for all, faith-based and other community-based Fair Housing and Equal Opportunity, regardless of ability or age. Likewise, organizations, and applicants that Department of Housing and Urban creating places where people work, currently or propose to partner, fund, Development, 451 Seventh Street, SW., train, and interact that are usable and subgrant, or subcontract with grassroots Room 5230, Washington, DC 20410– open to all residents increases organizations (including grassroots 2000, at (202) 755–5404 or toll-free at opportunities for economic and faith-based or other community-based (800) 877–8339 (TTY) (these are toll-free personal self-sufficiency. More nonprofit organizations eligible under numbers). information on Universal Design is applicable program regulations) in Accessible design features are available from the Center for Universal conducting their work programs will intended to promote visitability and Design at http:// receive higher rating points as specified incorporate features of universal design www.design.ncsu.edu:8120/cud/ or the in the individual FY 2006 HUD program as described below. Resource Center on Accessible Housing announcements. (1) Visitability in New Construction and Universal Design at http:// (2) Definitions of Grassroots and Substantial Rehabilitation. www.abledata.com/ Organizations. Applicants are encouraged to abledata.cfm?pageid=113573&top= (a) HUD will consider an organization incorporate visitability standards, where 16029§ionid=19326. a ‘‘grassroots organization’’ if the feasible, in new construction and Activities support strategic goals a, b, organization is headquartered in the substantial rehabilitation projects. c, and d. local community in which it provides Visitability standards allow a person d. Providing Full and Equal Access to services; and with mobility impairments access into Grassroots Faith-Based and Other (i) Has a social services budget of the home, but do not require that all Community-Based Organizations in $300,000 or less, or features be made accessible. Visitability HUD Program Implementation. (ii) Has six or fewer full-time means that there is at least one entrance (1) HUD encourages nonprofit equivalent employees. at grade (no steps), approached by an organizations, including grassroots (b) Local affiliates of national accessible route such as a sidewalk, and faith-based and other community-based organizations are not considered that the entrance door and all interior organizations, to participate in the vast ‘‘grassroots.’’ Local affiliates of national passage doors are at least 2 feet, 10 array of programs for which funding is organizations are encouraged, however, inches wide, allowing 32 inches of clear available through HUD’s programs. HUD to partner with grassroots organizations, passage space. A visitable home also also encourages states, units of local but must demonstrate that they are serves persons without disabilities, such government, universities, colleges, and currently working with a grassroots as a mother pushing a stroller or a other organizations to partner with organization (e.g., having a grassroots person delivering a large appliance. grassroots organizations (e.g., civic faith-based or other community-based More information about visitability is organizations, faith communities, and organization provide volunteers). available at http:// grassroots faith-based and other (c) The cap provided in paragraph www.concretechange.org. community-based organizations) that (2)(a)(i) above includes only that portion Activities support strategic goals b, c, have not been effectively utilized. These of an organization’s budget allocated to and d. grassroots organizations have a strong providing social services. It does not (2) Universal Design. Applicants are history of providing vital community include other portions of the budget, encouraged to incorporate universal services, such as assisting the homeless such as salaries and expenses, not design in the construction or and preventing homelessness, directly expended in the provision of rehabilitation of housing, retail counseling individuals and families on social services. establishments, and community fair housing rights, providing elderly Activities support strategic goal f. facilities funded with HUD assistance. housing opportunities, developing first- e. Participation of Minority-Serving Universal design is the design of time homeownership programs, Institutions (MSIs) in HUD Programs.

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Pursuant to Executive Orders 13256, (5) Establishment of counseling point in the NOFA evaluation. An ‘‘President’s Board of Advisors on programs that assist homeless persons applicant that scores 10 or more in Historically Black Colleges and in finding housing, managing finances, column 2 will receive 2 points in the Universities,’’ 13230, ‘‘President’s managing anger, and building NOFA evaluation. Advisory Commission on Educational interpersonal relationships; State agencies or departments Excellence for Hispanic Americans,’’ (6) Provision of supportive services, applying for funding, as well as housing 13216, ‘‘Increasing Participation of such as health care assistance that will authorities, nonprofit organizations, and Asian Americans and Pacific Islanders permit homeless individuals to become other qualified applicants applying for in Federal Programs,’’ and 13270, productive members of society; and funds for projects located in ‘‘Tribal Colleges and Universities,’’ HUD (7) Provision of service coordinators unincorporated areas or areas not is strongly committed to broadening the or one-stop assistance centers that will otherwise covered in Part A, are invited participation of MSIs in its programs. ensure that chronically homeless to answer the 15 questions under Part B. HUD is interested in increasing the persons have access to a variety of social Under Part B, an applicant that scores participation of MSIs in order to services. at least four in Column 2 will receive advance the development of human Applicants that are developing one point in the NOFA evaluation. potential, strengthen the nation’s programs to meet the goals set in this Under Part B, an applicant that scores capacity to provide high quality policy priority should keep in mind the eight or greater will receive a total of education, and increase opportunities requirements of the regulations two points in the respective evaluation. for MSIs to participate and benefit from implementing Section 504 of the Applicants that will be providing Federal financial assistance programs. Rehabilitation Act, in particular, 24 CFR services in multiple jurisdictions may HUD encourages all applicants and 8.4(b)(1)(iv), 8.4(c)(1), and 8.4(d). choose to address the questions in either recipients to include meaningful Activities support strategic goals b Part A or Part B for that jurisdiction in participation of MSIs in their work and c. which the preponderance of services programs. A listing of MSIs can be g. Removal of Regulatory Barriers to will be performed if an award is made. found on the Department of Education Affordable Housing. In no case will an applicant receive Web site at http://www.ed.gov/about/ In FY 2006, HUD continues to make more than two points for barrier offices/list/ocr/edlite-minorityinst.html removal of regulatory barriers a policy removal activities under this policy or HUD’s Web site at http:// priority. Through the Department’s priority. An applicant that is an Indian www.hud.gov/offices/adm/grants/ America’s Affordable Communities tribe or TDHE may choose to complete fundsavail.cfm. Activities support Initiative, HUD is seeking input into either Part A or Part B based upon a strategic goals c and d. how it can work more effectively with determination by the tribe or TDHE as f. Ending Chronic Homelessness. the public and private sectors to remove to whether the tribe’s or the TDHE’s President Bush has set a national goal to regulatory barriers to affordable association with the local jurisdiction or end chronic homelessness. HUD housing. Increasing the affordability of the state would be the more Secretary Alphonso Jackson has rental and homeownership housing advantageous for its application. embraced this goal and has pledged that continues to be a high priority of the Form HUD–27300 is available at HUD’s grant programs will be used to Department. Addressing these barriers http://www.hudclips.org/sub/nonhud/ support the President’s goal and better to housing affordability is a necessary cgi/pdfforms/27300.pdf. A limited meet the needs of chronically homeless component of any overall national number of questions on form HUD– individuals. A person experiencing housing policy. 27300 expressly request the applicant to chronic homelessness is defined as an Under this policy priority, higher provide brief documentation with its unaccompanied individual with a rating points are available to (1) response. Other questions require that, disabling condition who has been governmental applicants that are able to for each affirmative statement made, the continuously homeless for a year or demonstrate successful efforts in applicant supply a reference, Internet more or has experienced four or more removing regulatory barriers to address, or brief statement indicating episodes of homelessness over the last affordable housing and (2) where the back-up information may be 3 years. A disabling condition is defined nongovernmental applicants that are found and a point of contact, including as a diagnosable substance abuse associated with jurisdictions that have a telephone number or e-mail address. disorder, serious mental illness, undertaken successful efforts in Applicants are encouraged to read developmental disability, or chronic removing barriers. To obtain the policy HUD’s three notices, which are available physical illness or disability, including priority points for efforts to successfully at http://www.hud.gov/ the co-occurrence of two or more of remove regulatory barriers, applicants affordablecommunities, to obtain an these conditions. Applicants are must complete form HUD–27300, understanding of this policy priority encouraged to target assistance to ‘‘Questionnaire for HUD’s Initiative on and how it can affect their score. chronically homeless persons by Removal of Regulatory Barriers.’’ Copies Applicants that do not provide the undertaking activities that will result in: of HUD’s notices published on this issue Internet addresses, references, or (1) Creation of affordable housing can be found on HUD’s Web site at documentation will not get the policy units, supportive housing, and group http://www.hud.gov/offices/adm/grants/ priority points. Activities support homes; fundsavail.cfm. strategic goals a and b. (2) Establishment of a set-aside of Local jurisdictions and counties with h. Participation in Energy Star. HUD units of affordable housing for the land use and building regulatory has adopted a wide-ranging energy chronically homeless; authority applying for funding, as well action plan for improving energy (3) Establishment of substance abuse as housing authorities, nonprofit efficiency in all program areas. As a first treatment programs targeted to the organizations, and other qualified step in implementing the energy plan, homeless population; applicants applying for funds for HUD, the Environmental Protection (4) Establishment of job training projects located in these jurisdictions, Agency (EPA), and the Department of programs that will provide are invited to answer the 20 questions Energy (DOE) have signed a partnership opportunities for economic self- under Part A. An applicant that scores to promote energy efficiency in HUD’s sufficiency; at least five in column 2 will receive 1 affordable housing programs, including

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public housing, HUD-insured housing, inconsistencies in the funding request, a. Past Performance. In evaluating and housing financed through HUD failure to submit the proper applications for funding, HUD will take formula and competitive programs. The certifications, and failure to submit an into account applicants’ past purpose of the Energy Star partnership application that contains a signature by performance in managing funds, is to promote energy-efficient affordable an official able to make a legally binding including, but not limited to, the ability housing stock while protecting the commitment on behalf of the applicant. to account for funds appropriately, environment. Applicants constructing, In the case of an applicant that received timely use of funds received either from rehabilitating, or maintaining housing or a waiver of the regulatory requirement HUD or other Federal, State, or local community facilities are encouraged to to submit an electronic application, the programs; meeting performance targets promote energy efficiency in design and technical deficiency may include failure as established in Logic Models approved operations. They are urged especially to to submit an application that contains as part of the grant agreement, timelines purchase and use products that display an original signature. If HUD finds a for completion of activities, and receipt the Energy Star label. Applicants curable deficiency in the application, of promised matching or leveraged providing housing assistance or HUD will notify you in writing by funds; and number of persons to be counseling services are encouraged to describing the clarification or technical served or targeted for assistance. HUD promote Energy Star materials and deficiency. HUD will notify applicants may consider information available practices, as well as buildings by facsimile or via the U.S. Postal from HUD’s records, the name check constructed to Energy Star standards, to Service, return receipt requested. review, public sources, such as both homebuyers and renters. Clarifications or corrections of technical newspapers, Inspector General or Applicants are encouraged to deficiencies in accordance with the Government Accountability Office undertake program activities that information provided by HUD must be reports or findings, or hotline or other include developing Energy Star submitted within 14 calendar days of complaints that have been proven to promotional and information materials, the date of receipt of the HUD have merit. providing outreach to low- and notification. (If the deadline date falls b. Deducting Points for Poor moderate-income renters and buyers on on a Saturday, Sunday, or Federal Performance. In evaluating past the benefits and savings when using holiday, your correction must be performance, HUD may elect to deduct Energy Star products and appliances, received by HUD on the next day that points from the rating score or establish utilizing Energy Star-designated is not a Saturday, Sunday, or Federal threshold levels as specified under the products in the construction or holiday.) If the deficiency is not Factors for Award in the individual rehabilitation of housing units, and corrected within this time, HUD will program NOFAs. replacing worn products or facilities, reject the application as incomplete, and such as light bulbs, water heaters, it will not be considered for funding. In 7. Ranking furnaces, etc., with Energy Star products order to meet statutory deadlines for the HUD will rank applicants within each to reduce operating costs. Communities obligation of funds or for timely program or, for Continuum of Care and developers are encouraged to completion of the review process, applicants, across the three programs promote the designation of community program NOFAs may reduce the number identified in the Continuum of Care of days for submitting a response to a buildings and homes as Energy Star NOFA. HUD will rank applicants only HUD clarification or correction to a compliant. For further information against those applying for the same technical deficiency. Please be sure to about Energy Star, see http:// program funding. www.energystar.gov or call (888) 782– carefully read each program NOFA for any additional information and Where there are set-asides within a 7937, or (888) 588–9920 (TTY). program competition, you, the Activities support strategic goals 1 instructions. An applicant’s response to applicant, will compete against only and 2. a HUD notification of a curable deficiency should be submitted directly those applicants in the same set-aside 3. Threshold Compliance to HUD in accordance with the competition. Only applications that meet all of the instructions provided in the C. Anticipated Announcement and threshold requirements will be eligible notification. Award Dates to receive an award of funds from HUD. 5. Rating Panels The individual program NOFAs will 4. Corrections to Deficient Applications To review and rate applications, HUD provide the applicable information After the application deadline date may establish panels that may include regarding this subject. and time, HUD may not, consistent with persons not currently employed by VI. Award Administration Information its regulations in 24 CFR part 4, subpart HUD. HUD may include these non-HUD B, consider any unsolicited information employees to obtain certain expertise A. Award Notices you, the applicant, may want to provide. and outside points of view, including 1. Negotiation HUD may contact you to clarify an item views from other Federal agencies. in your application or to correct Persons brought into HUD to review After HUD has rated and ranked all technical deficiencies. HUD may not applications are subject to conflict of applications and made selections, HUD seek clarification of items or responses interest provisions. In addition, may require, depending on the program, that improve the substantive quality of reviewers using HUD information that a selected applicant participate in your response to any rating factors. In technology (IT) systems may be subject negotiations to determine the specific order not to unreasonably exclude to an IT security check. terms of the funding agreement and applications from being rated and budget. In cases where HUD cannot ranked, HUD may contact applicants to 6. Rating successfully conclude negotiations with ensure proper completion of the HUD will evaluate and rate all a selected applicant or a selected application and will do so on a uniform applications for funding that meet the applicant fails to provide HUD with basis for all applicants. threshold requirements. HUD will requested information, an award will Examples of curable (correctable) consider the factors described below not be made to that applicant. In such technical deficiencies include when rating your application(s). an instance, HUD may offer an award to

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and proceed with negotiations with the Contact(s)’’ in the individual program measure in accordance with the output next highest-ranking applicant. NOFA under which you applied for or outcome selected, and then insert the assistance. Information provided during expected number of units to be 2. Adjustments to Funding a debriefing will include, at a minimum, completed during the period of a. HUD reserves the right to fund less the final score you received for each performance. In this manner, the than the full amount requested in your rating factor, final evaluator comments applicant will build a custom logic application to ensure the fair for each rating factor, and the final model reflecting their program of distribution of funds and enable the assessment indicating the basis upon activities. The custom logic model will purposes or requirements of a specific which assistance was provided or link the need(s) to the activity/output(s), program to be met. denied. which in turn are linked to the result or b. HUD will not fund any portion of expected outcome(s). your application that is not eligible for B. Administrative and National Policy funding under specific program Requirements Applicants that do not have Microsoft statutory or regulatory requirements; See Section III.C. of this notice ExcelTM may obtain a PDF version of the does not meet the requirements of this regarding related requirements. form along with a program specific Master Logic Model from HUD’s Web notice; or is duplicative of other funded C. Reporting programs or activities from prior year site at http://www.hud.gov/offices/adm/ awards or other selected applicants. In FY2004, HUD used the Logic grants/fundsavail.cfm. Each program- Only the eligible portions of your Model as a planning tool, which was specific Master Logic Model will be application (excluding duplicative submitted as part of the NOFA under the program title on the Web site. portions) may be funded. application. In FY2005, HUD required Multiple forms can be used to c. If funds remain after funding the performance reporting against the distinguish between short, intermediate, highest-ranking applications, HUD may approved logic model incorporated into and long-term outputs and outcomes in fund all or part of the next highest- the grant agreement. In FY2006, HUD is the applicant’s proposed program. The ranking application in a given program. moving to standardized ‘‘Master’’ Logic PDF form can be completed, printed, If you, the applicant, turn down an Models from which applicants can and transmitted using the facsimile award offer, HUD will make an offer of select needs, activities/outputs, and transmittal form (HUD–96011). funding to the next highest-ranking outcomes appropriate to their programs. In addition, program offices have 1. In FY2006, grantees must adhere to application. the following reporting principles: d. If funds remain after all selections identified Program Management have been made, remaining funds may Evaluation Questions and a Return on a. An evaluation process will be part be made available within the current Investment (ROI) Statement that of the ongoing management of the HUD- fiscal year for other competitions within grantees will be required to report on as funded award; specified in the program NOFA. The the program area or held over for future b. Comparisons will be made between timeframe established for the Logic competitions. projected and actual numbers for Model reporting will be in accordance e. Individual program NOFAs may outputs and outcomes; have other requirements, so please with the program’s established reporting c. Deviations from projected outputs review the program NOFA carefully. periods and as stated in the program NOFA. The program NOFA will also and outcomes will be documented and 3. Funding Errors establish the timeframe for reporting the explained as part of required reporting; In the event HUD commits an error Program Management Evaluation and that, when corrected, would result in Questions and ROI Statement. d. Data will be analyzed to determine selection of an otherwise eligible The download instructions found on the relationship of outputs to outcomes applicant during the funding round of a Grants.gov for each funding opportunity to determine which outputs produce program NOFA, HUD may select that will include the Program Outcome Logic which outcomes and which are most applicant when sufficient funds become Model form HUD–96010, which is a TM effective. available. Microsoft Excel workbook containing instructions in Tab 1 on how to use the 2. As stated above, in FY2006, HUD 4. Performance and Compliance Actions form. The form or eLogic ModelTM is requiring each program to establish a of Funding Recipients incorporates a program-specific master set of Program Management Evaluation HUD will measure and address the list of statements of need, service or Questions and a ROI Statement for performance and compliance actions of activity/output(s), and their associated grantee reporting. Grantees must use funding recipients in accordance with unit(s) of measure; and outcome(s) and these program-specific questions to self- the applicable standards and sanctions their associated unit(s) of measure. To evaluate the management and of their respective programs. begin completing the form, applicants performance of their program and will be required to click on a cell within address the ROI Statement for the 5. Debriefing a column, at which time a drop down program in accordance with the For a period of at least 120 days, button will appear to the right of the program-specific reporting beginning 30 days after the awards for cell. Applicants can then select the requirements. In developing the Master assistance are publicly announced, HUD appropriate statement(s) that reflect Logic Model Program Management will provide to a requesting applicant a their proposed program. Applicants can Evaluation Questions, HUD trained its debriefing related to its application. A select multiple need(s), services or program managers on a critical thinking request for debriefing must be made in activities/outputs, and outcomes, but process known as the Carter-Richmond writing or by email by the authorized each selection is entered in separate methodology that identifies key official whose signature appears on the cells using the drop-down menu. The management and evaluation questions SF–424 or his or her successor in office, units of measure, whether for outputs or for HUD’s programs. The following table and submitted to the person or outcomes, contain both a number and a identifies the Carter-Richmond generic organization identified as the contact descriptor of the output or outcome that questions and where the source data is under the section entitled ‘‘Agency is counted. Applicants select the unit of found in the Logic Model.

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CARTER-RICHMOND METHODOLOGY 1: the specific ROI reporting requirements to easily FIND competitive funding BUILDING BLOCKS FOR EFFECTIVE for the program during the broadcast. opportunities and then APPLY via MANAGEMENT Applicants should submit the Grants.gov. HUD posted all of its completed Logic Model as an funding opportunities on http:// Management ques- Logic model columns attachment to their application in www.grants.gov/Find in FY2004, with tions for source data accordance with the directions in the the exception of the Continuum of Care, program NOFA for addressing the and intends to do the same in FY2006. 1. How many clients Service/Activity/Out- factors for award. Each program NOFA In addition, Grants.gov is working with are you serving? put. will identify if they want the factors for the Federal agencies to begin the 2. How many units Service/Activity/Out- process of accepting mandatory and were provided? put. award, including the Logic Model 3. Who are you serv- Service/Activity/Out- required as part of the application formula grant program plans and ing? put. submission, submitted as a single application submissions online via 4. What services do Service/Activity/Out- attached file or as separate files. Please Grants.gov in 2006. Applicants for you provide? put. follow the program NOFA directions. HUD’s formula and competitive 5. What does it cost? Service/Activity/Out- Once selected for funding and programs are urged to become familiar put. awarded funds, grantees will be with the Grants.gov site, registration 6. What does it cost Service/Activity/Out- required to submit a completed form procedures, and electronic submissions per service deliv- put/Evaluation. HUD–96010 Logic Model indicating so that as the site is expanded, you will ered? results achieved against the proposed be registered and familiar with the find- 7. What happens to Outcome. and-apply functionality. the ‘‘subjects’’ as a output(s) and proposed outcome(s) result of the serv- stated in the grantee’s approved B. HUD-Internal Revenue Service (IRS) ice?2 application and agreed to by HUD. The Memorandum of Agreement 8. What does it cost Outcome and Evalua- submission of the Logic Model and per outcome? tion. required ROI Statement calculation HUD and the IRS have entered into a 9. What is the value Outcome and Evalua- must be submitted to HUD in accord memorandum of agreement to provide of the outcome? tion. with the reporting periods identified in information to HUD grantees serving 10. What is the return Evaluation. each program NOFA for providing low-income, disabled, and elderly on investment? reports to HUD. persons, as well as persons with limited 1 The Carter-Richmond methodology is English proficiency, on the availability copyrighted and is provided to support the de- VII. Agency Contact(s) of low-income housing tax credits, the velopment of your grant application. Any other The individual program NOFAs will earned income tax credit, individual use is prohibited without prior written permis- development accounts, child tax credits, sion of The Center for Applied Management identify the applicable agency contacts Practices, Inc., 3609 Gettysburg Road, Camp related to each program. Questions and the IRS Voluntary Income Tax Hill, PA 17011, (717) 730–3705, http:// regarding this notice should be directed Assistance program. HUD is making www.appliedmgt.com. to the NOFA Information Center available on its Web site information on 2 The subject can be a client or a unit, such these IRS asset-building resources. HUD as a building and is defined in its associated between the hours of 10 a.m. and 6:30 unit of service. p.m. eastern time at 800–HUD–8929. encourages you to visit the site and Hearing impaired persons may call 800– disseminate this information to low- As a result of this training, each HUD–2209. Questions regarding specific income residents in your community program has developed specific Program program requirements should be and other organizations that serve low- Management Evaluation Questions directed to the agency contacts income residents, so that eligible tailored to the statutory purpose of each identified in each program NOFA. individuals can take advantage of these of their programs. Each program NOFA resources. will require applicants to address the VIII. Other Information Program Management Evaluation C. Paperwork Reduction Act Statement  A. Grants.gov and P.L. 106–107 Questions based upon the Carter- Streamlining Activities The information collection Richmond methodology in their reports requirements in this notice have been to HUD. The program NOFAs will The Federal Financial Assistance approved by OMB under the Paperwork identify the particular program Management Improvement Act of 1999 Reduction Act of 1995 (44 U.S.C. 3501– management evaluation questions to be (Public Law 106–107) directs each 3520). In accordance with the addressed that relate to the statutory Federal agency to develop and Paperwork Reduction Act, HUD may not purpose and intent of each program. implement a plan that, among other conduct or sponsor, and a person is not Training on HUD’s Logic Model, the things, streamlines and simplifies the required to respond to, a collection of reporting requirements for addressing application, administrative, and information unless the collection the Program Management Evaluation reporting procedures for Federal displays a valid OMB control number. Questions, and how to calculate a ROI financial assistance programs Each program NOFA will identify its Statement will be provided via satellite administered by the agency. This law applicable OMB control number. also requires the Director of the Office broadcast. The training will also provide D. Environmental Impact examples of how to construct the Logic of Management and Budget (OMB) to Model using the copy and paste method. direct, coordinate, and assist Federal A Finding of No Significant Impact Training materials and the dates for the agencies in establishing (1) a common with respect to the environment has training will be on HUD’s Web site at application and reporting system and (2) been made for this notice in accordance http://www.hud.gov/offices/adm/grants/ an interagency process for addressing with HUD regulations at 24 CFR part 50 fundsavail.cfm, shortly after publication ways to streamline and simplify Federal that implement Section 102(2)(C) of the of the SuperNOFA. In addition, each financial assistance application and National Environmental Policy Act of program NOFA broadcast will address administrative procedures and reporting 1969 (42 U.S.C. 4332(2)(C)). The requirements for program applicants. Finding of No Significant Impact is The first segment of the Grants.gov available for public inspection between initiative focuses on allowing the public 8 a.m. and 5 p.m. eastern time, Monday

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through Friday, except Federal holidays, related, communication-related, water- disclosure reports (form HUD–2880) in the Office of the General Counsel, related and wastewater-related submitted in connection with an Regulations Division, Department of infrastructure), other structures FY2006 NOFA. Update reports (also Housing and Urban Development, 451 designated for use by the general public reported on form HUD–2880) will be Seventh Street, SW., Room 10276, or which have other common-carrier or made available along with the applicant Washington, DC 20410–0500. public-utility functions that serve the disclosure reports, but in no case for a general public and are subject to period of less than 3 years. All reports, E. Executive Orders and Recent regulation and oversight by the both applicant disclosures and updates, Legislative Changes government, and projects for the will be made available in accordance 1. Executive Order 13132, Federalism removal of an immediate threat to with the Freedom of Information Act (5 public health and safety or brownsfield Executive Order 13132 prohibits, to U.S.C. 552) and HUD’s implementing as defined in the Small Business the extent practicable and permitted by regulations (24 CFR part 5). Liability Relief and Brownsfield law, an agency from promulgating BILLING CODE 4210–32–P Revitalization Act (Pub. L. 107–118) policies that have federalism shall be considered a public use for 3. Publication of Recipients of HUD implications and either impose purposes of eminent domain. Funding substantial direct compliance costs on State and local governments and are not F. Public Access, Documentation, and HUD’s regulations at 24 CFR part 4 required by statute, or preempt State Disclosure provide that HUD will publish a notice in the Federal Register to notify the law, unless the relevant requirements of Section 102 of the Department of Section 6 of the executive order are met. public of all funding decisions made by Housing and Urban Development the Department to provide: This notice does not have federalism Reform Act of 1989 (HUD Reform Act) implications and does not impose a. Assistance subject to Section 102(a) (42 U.S.C. 3545) and the regulations of the HUD Reform Act; and substantial direct compliance costs on codified at 24 CFR part 4, subpart A, b. Assistance provided through grants State and local governments or preempt contain a number of provisions that are or cooperative agreements on a State law within the meaning of the designed to ensure greater discretionary (non-formula, non- executive order. accountability and integrity in the demand) noncompetitive basis, but that provision of certain types of assistance 2. American-made Products is not provided based on a competition. administered by HUD. On January 14, Sections 708 and 709 of the 1992, HUD published a notice that also G. Section 103 of the HUD Reform Act Transportation, Treasury, Housing and provides information on the HUD’s regulations implementing Urban Development, the Judiciary, and implementation of Section 102 (57 FR Section 103 of the HUD Reform Act, Independent Agencies Appropriations 1942). The documentation, public codified at 24 CFR part 4, subpart B, Act, 2006 (Pub. L. 109–115; approved access, and disclosure requirements of apply to this funding competition. The Nov. 30, 2005) states that, to the greatest Section 102 apply to assistance awarded regulations continue to apply until the extent practicable, all equipment and under individual NOFAs published as announcement of the selection of products purchased with funds made part of HUD’s SuperNOFA or thereafter, available in FY2006 should be as described below. successful applicants. HUD employees American-made. involved in the review of applications 1. Documentation, Public Access, and and in the making of funding decisions 3. Eminent Domain Disclosure Requirements are prohibited by the regulations from Section 726 of the Transportation, HUD will ensure that documentation providing advance information to any Treasury, Housing and Urban and other information regarding each person (other than an authorized Development, the Judiciary, and application submitted pursuant to its employee of HUD) concerning funding Independent Agencies Appropriations FY2006 NOFAs published in the 2006 decisions or from otherwise giving any Act, 2006 (Pub. L. 109–115; approved SuperNOFA or NOFAs published applicant an unfair competitive Nov. 30, 2005) states that no funds made thereafter are sufficient to indicate the advantage. Persons who apply for available under the Act may be used to basis upon which assistance was assistance should confine their inquiries support any Federal, State, or local provided or denied. This material, to the subject areas permitted under 24 projects that seek to use the power of including any letters of support, will be CFR part 4. eminent domain, unless eminent made available for public inspection for Applicants or employees who have domain is employed only for a public a 5-year period beginning not less than ethics-related questions should contact use. 30 days after the award of the the HUD Ethics Law Division at (202) For purposes of this provision, public assistance. Material will be made 708–3815 (this is not a toll-free use shall not be construed to include available in accordance with the number). The toll-free TTY number for economic development that primarily Freedom of Information Act (5 U.S.C. persons with speech or hearing benefits private entities. 552) and HUD’s implementing impairments is (800) 877–8339. HUD Further, any use of funds for mass regulations (24 CFR part 15). employees who have specific program transit, railroad, airport, seaport or questions should contact the highway projects as well as utility 2. Form HUD–2880 appropriate field office counsel or projects which benefit or serve the HUD will also make available to the Headquarters counsel for the program to general public (including energy- public for 5 years all applicant which the question pertains.

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[FR Doc. 06–531 Filed 1–19–06; 8:45 am] BILLING CODE 4210–32–C

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Part V

The President Notice of January 18, 2006—Continuation of the National Emergency With Respect to Terrorists Who Threaten To Disrupt the Middle East Peace Process

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Federal Register Presidential Documents Vol. 71, No. 13

Friday, January 20, 2006

Title 3— Notice of January 18, 2006

The President Continuation of the National Emergency With Respect to Ter- rorists Who Threaten To Disrupt the Middle East Peace Proc- ess

On January 23, 1995, by Executive Order 12947, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by grave acts of violence committed by foreign terrorists who threaten to disrupt the Middle East peace process. On August 20, 1998, by Executive Order 13099, the President modified the Annex to Execu- tive Order 12947 to identify four additional persons, including Usama bin Laden, who threaten to disrupt the Middle East peace process. Because these terrorist activities continue to threaten the Middle East peace process and continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency declared on January 23, 1995, as expanded on August 20, 1998, and the measures adopted on those dates to deal with that emer- gency must continue in effect beyond January 23, 2006. Therefore, in accord- ance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to foreign terrorists who threaten to disrupt the Middle East peace process. This notice shall be published in the Federal Register and transmitted to the Congress. W THE WHITE HOUSE, January 18, 2006. [FR Doc. 06–623 Filed 1–19–06; 11:47 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 71, No. 13 Friday, January 20, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

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. 1124...... 545 Presidential Documents 3 CFR 1126...... 545 Executive orders and proclamations 741–6000 Proclamations: 1131...... 545 The United States Government Manual 741–6000 6867 (See: Notice of January 10, 2006)...... 2133 9 CFR Other Services 7757 (See: Notice of Electronic and on-line services (voice) 741–6020 January 10, 2006)...... 2133 78...... 2991 Privacy Act Compilation 741–6064 7973...... 3199 317...... 1683 Public Laws Update Service (numbers, dates, etc.) 741–6043 7974...... 3201 381...... 1683 391...... 2135 TTY for the deaf-and-hard-of-hearing 741–6086 Executive Orders: 12947 (See Notice of 590...... 2135 January 18, 2006)...... 3407 592...... 2135 ELECTRONIC RESEARCH 13099 (See Notice of Proposed Rules: World Wide Web January 18, 2006)...... 3407 77...... 1985 13395...... 3203 318...... 2483 Full text of the daily Federal Register, CFR and other publications 381...... 2483 is located at: http://www.gpoaccess.gov/nara/index.html Administrative Orders: Memorandums: 392...... 1988 Federal Register information and research tools, including Public Memorandum of 439...... 2483 Inspection List, indexes, and links to GPO Access are located at: December 15, http://www.archives.gov/federallregister/ 2005 ...... 1467 10 CFR E-mail Presidential 35...... 1926 Determinations: Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is No. 2006–6 of 20...... 29 an open e-mail service that provides subscribers with a digital December 22, 30...... 29, 275 form of the Federal Register Table of Contents. The digital form 2005 ...... 1469 31...... 29, 275 of the Federal Register Table of Contents includes HTML and No. 2006–7 of 32...... 29, 275 PDF links to the full text of each document. December 30, 33...... 29 To join or leave, go to http://listserv.access.gpo.gov and select 2005 ...... 871 35...... 29 Online mailing list archives, FEDREGTOC-L, Join or leave the list No. 2006–8 of 150...... 275 (or change settings); then follow the instructions. December 30, 2005 ...... 1471 PENS (Public Law Electronic Notification Service) is an e-mail 12 CFR Notices: service that notifies subscribers of recently enacted laws. 205...... 1473, 1638 Notice of January 6, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2006 ...... 1681 Proposed Rules: and select Join or leave the list (or change settings); then follow Notice of January 10, Ch. I ...... 287 the instructions. 2006 ...... 2133 Ch. II ...... 287 Ch. III ...... 287 FEDREGTOC-L and PENS are mailing lists only. We cannot Notice of January 18, Ch. V...... 287 respond to specific inquiries. 2006 ...... 3407 611...... 1704 Reference questions. Send questions and comments about the 5 CFR Federal Register system to: [email protected] 1650...... 1389 14 CFR The Federal Register staff cannot interpret specific documents or Proposed Rules: 11...... 1483 regulations. 1651...... 1984 21...... 534 23 ...... 537, 1926, 2143 7 CFR FEDERAL REGISTER PAGES AND DATE, JANUARY 25...... 1485 226...... 1 36...... 530 1–230...... 3 400...... 2135 39 ...... 231, 873, 1390, 1930, 231–536...... 4 930...... 1915 1935, 1937, 1939, 1941, 537–872...... 5 946...... 1919 1947, 1949, 1951, 2453, 873–1388...... 6 982...... 1921 2455, 2857, 2859, 2993, 1389–1472...... 9 1740...... 3205 2995, 3209, 3210, 3212, 3214, 3216 1473–1682...... 10 Proposed Rules: 56...... 2168 71 ...... 537, 2145, 2997, 2998 1683–1914...... 11 70...... 2168 73...... 2146 1915–2134...... 12 319...... 1700 95...... 2998 2135–2452...... 13 1000...... 545 97...... 1393, 1686 2453–2856...... 17 1001...... 545 121 ...... 534, 1666, 1688 2857–2990...... 18 1005...... 545 135...... 534 2991–3204...... 19 1006...... 545 Proposed Rules: 3205–3408...... 20 1007...... 545 39 ...... 291, 293, 295, 297, 299, 1030...... 545 1718, 2491, 3021, 3023, 1032...... 545 3248 1033...... 545 71 ...... 552, 889, 1397, 1398

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15 CFR 28 CFR 63...... 1378 38...... 227 930...... 788 16...... 16 81...... 24, 541 39...... 211, 227 105...... 1690 86...... 2810 42...... 200, 221 17 CFR 141...... 388, 654 Proposed Rules: 43...... 227 142...... 388, 654 36...... 1953 61...... 3248 44...... 225 37...... 1953 180...... 2889 46...... 200, 227 38...... 1953 29 CFR 271...... 3220 47...... 200 300...... 3227 39...... 1953 1926...... 2879 48...... 227 40...... 1953 1952...... 2885 Proposed Rules: 50...... 227 242...... 232 2520...... 1904 50...... 2620 52 ...... 200, 208, 219, 221, 224, Proposed Rules: 4022...... 2147 51...... 69 225, 226, 227, 864 4...... 1463 4044...... 2147, 2148 52 ...... 85, 569, 577, 890, 892, 53...... 200 1994, 1996, 2177, 3029 Proposed Rules: 1631...... 3015 18 CFR 53...... 2710 2700...... 553 1644...... 3015 58...... 2710 11...... 2863 2704...... 553 1652...... 3015 60...... 2509 2...... 1348 2705...... 553 2401...... 2432 33...... 1348 61...... 2509 2402...... 2432 63...... 1386, 1403 Proposed Rules: 30 CFR 2406...... 2432 86...... 2843 35...... 303 946...... 1488 2408...... 2432 370...... 303 122...... 894 2409...... 2432 31 CFR 180...... 901 2411...... 2432 19 CFR 745...... 1588 2413...... 2432 103...... 496 1604...... 309 12...... 3000 215...... 2149 2415...... 2432 101...... 2457 501...... 1971 41 CFR 2416...... 2432 2419...... 2432 Proposed Rules: 20 CFR 301–10...... 876 2422...... 2432 103...... 516 Proposed Rules: 2426...... 2432 404 ...... 2312, 2871, 3217 501...... 1994 416...... 2871, 3217 60-2...... 3374 2432...... 2432 32 CFR 60-300...... 3352 2437...... 2432 21 CFR 2442...... 2432 199...... 1695 42 CFR 210...... 2458 2446...... 2432 510...... 875, 2147 Proposed Rules: 419...... 2617 2448...... 2432 520...... 875 153...... 3254 2452...... 2432 43 CFR 522...... 1689 33 CFR Proposed Rules: 558...... 5, 1689 Proposed Rules: Ch. 8 ...... 2342 110...... 3001 803...... 1488 2930...... 2899 2404...... 2444 117...... 1494, 2151 Proposed Rules: 2408...... 2444 165 ...... 538, 2152, 2886, 3003, 46 CFR 56...... 2493 2415...... 2444 3005, 3007 210...... 2494 10...... 2154 2437...... 2444 310...... 2309 Proposed Rules: 2439...... 2444 866...... 1399 110...... 3025 47 CFR 2452...... 2444 117...... 2176 1...... 2167 9903...... 313 23 CFR 165...... 3027 64...... 2895, 3014 Proposed Rules: 73 ...... 245, 246, 247, 877 36 CFR 49 CFR 1313...... 29 Proposed Rules: 223...... 522, 523 20...... 3029 71...... 3228 24 CFR 1011...... 2109 54...... 1721 219...... 1498 401...... 2112 Proposed Rules: 73...... 312, 313 383...... 2897 402...... 2112 219...... 307 384...... 2897 Proposed Rules: 48 CFR 571...... 877 37 CFR 401...... 2126 Ch. 1 ...... 198, 228, 864, 866 Proposed Rules: 402...... 2126 Proposed Rules: 1...... 200 192...... 1504 1000...... 2176 1...... 48, 61 2...... 208, 211 1105...... 3030 2...... 2498 4...... 208 25 CFR 5...... 219, 220 38 CFR 50 CFR 243...... 2426 6...... 219 17...... 2464 7...... 208, 211 223...... 834 26 CFR 21...... 1496 8...... 221 224...... 834 1 ...... 6, 11, 1971, 2462 9...... 219, 227 229...... 1980 20...... 2147 39 CFR 11...... 211, 227 299...... 247 31...... 11 111...... 1976 12 ...... 211, 219, 220 600...... 27 301...... 3219 3001...... 2464 14...... 219 622...... 3018 602...... 6 16...... 211 635 ...... 273, 1395, 3245 Proposed Rules: 40 CFR 17...... 219 679...... 3247 1...... 2496 9...... 388, 654 19...... 220, 221 648...... 1982, 3016 31...... 46 16...... 232 22...... 219, 864 679...... 1698 301 ...... 2497, 2498, 3248 35...... 17 25 ...... 219, 221, 223, 224, 227, Proposed Rules: 52.....19, 21, 24, 241, 244, 541, 864 17...... 315, 3158 27 CFR 1463, 1696, 3009 27...... 227 223...... 3033 Proposed Rules: 60...... 2472 34...... 227 660 ...... 1998, 2510, 3254 9...... 1500 61...... 2472 37...... 211 679...... 386

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REMINDERS Bovine Spongiform HEALTH AND HUMAN Design basis threat; The items in this list were encephalopathy; minimal- SERVICES DEPARTMENT comments due by 1-23- editorially compiled as an aid risk regions and Food and Drug 06; published 11-7-05 [FR to Federal Register users. importation of Administration 05-22200] Inclusion or exclusion from commodities; comments Animal drugs, feeds, and TRANSPORTATION this list has no legal due by 1-27-06; published related products: DEPARTMENT 11-28-05 [FR 05-23334] significance. Minor uses or minor Federal Aviation AGRICULTURE species; new drugs Administration DEPARTMENT RULES GOING INTO designation; comments Airworthiness directives: Food Safety and Inspection EFFECT JANUARY 20, due by 1-27-06; published Boeing; comments due by Service 12-28-05 [FR 05-24512] 2006 1-23-06; published 11-23- Meat and poultry inspection: HEALTH AND HUMAN 05 [FR 05-23156] AGRICULTURE Poultry product exportation SERVICES DEPARTMENT Gulfstream; comments due DEPARTMENT to United States; eligible Administrative requirements: by 1-23-06; published 12- countries; addition— Rural Utilities Service Health Insurance Portability 9-05 [FR 05-23832] Grants and cooperative China; comments due by and Accountability Act; Lycoming Engines; agreements; availability, etc.: 1-23-06; published 11- implementation— comments due by 1-26- 23-05 [FR 05-23123] Public Television Station Electronic health care 06; published 12-27-05 Digital Transition Program; COMMERCE DEPARTMENT claims attachments; [FR E5-07815] published 1-20-06 National Oceanic and comments due by 1-23- Raytheon; comments due by EDUCATION DEPARTMENT Atmospheric Administration 06; published 11-22-05 1-23-06; published 11-22- 05 [FR 05-23055] Elementary and secondary Fishery conservation and [FR 05-23077] education: management: Medicare and medicaid: Airworthiness standards: State Charter School Caribbean, Gulf, and South Health Insurance Portability Transport category Facilities Incentive Atlantic fisheries— and Accountability Act; airplanes— Program; published 12-21- Gulf of Mexico shrimp; implementation— Seat belt attachment 05 comments due by 1-23- Electronic health care fittings on passenger ENVIRONMENTAL 06; published 11-23-05 claims attachments; seats; unreliable design; PROTECTION AGENCY [FR 05-23203] standards; comments policy statement; comments due by 1-27- Hazardous waste program ENVIRONMENTAL due by 1-23-06; 06; published 12-28-05 authorizations: PROTECTION AGENCY published 9-23-05 [FR [FR 05-24501] Ohio; published 1-20-06 Air pollutants, hazardous; 05-18927] Class D airspace; comments FEDERAL national emission standards: HEALTH AND HUMAN due by 1-25-06; published COMMUNICATIONS SERVICES DEPARTMENT Miscellaneous organic 10-31-05 [FR 05-21585] COMMISSION chemical manufacturing; Health Resources and Class E airspace; comments Radio frequency devices: comments due by 1-24- Services Administration due by 1-27-06; published Digital television receiver 06; published 12-8-05 [FR Health resources development: 1-5-06 [FR 06-00080] tuner requirements; 05-23666] Organ Procurement and Colored Federal airways; published 12-21-05 Air quality implementation Transplantation Network— comments due by 1-23-06; FEDERAL ELECTION plans; approval and Intestines; comments due published 12-8-05 [FR 05- COMMISSION promulgation; various by 1-23-06; published 23759] Federal Election Campaign States: 11-23-05 [FR 05-23149] Act: Offshore airspace areas; Alabama; comments due by comments due by 1-23-06; Electioneering HOMELAND SECURITY 1-27-06; published 12-28- published 12-8-05 [FR 05- communications; DEPARTMENT 05 [FR 05-24473] 23757] definitions; published 12- Tennessee; comments due Coast Guard TRANSPORTATION 21-05 by 1-26-06; published 12- Drawbridge operations: DEPARTMENT NATIONAL CREDIT UNION 27-05 [FR 05-24414] New Jersey; comments due Federal Transit ADMINISTRATION Pesticides; tolerances in food, by 1-23-06; published 11- Administration Credit unions: animal feeds, and raw 22-05 [FR 05-23028] Insurance requirements; agricultural commodities: INTERIOR DEPARTMENT Buy America requirements; definitions and waiver published 12-21-05 Tralkoxydim; comments due Land Management Bureau procedures amendments; Member business loans; by 1-23-06; published 11- Land resource management: comments due by 1-27-06; published 12-21-05 23-05 [FR 05-23106] published 11-28-05 [FR 05- TRANSPORTATION Public land recreation FEDERAL permits; comments due by 23323] DEPARTMENT COMMUNICATIONS 1-23-06; published 11-22- TRANSPORTATION Federal Aviation COMMISSION 05 [FR 05-23113] DEPARTMENT Administration Common carrier services: Airworthiness directives: LABOR DEPARTMENT Pipeline and Hazardous Commercial mobile radio Boeing; published 12-16-05 Labor-Management Materials Safety services— Standards Office Administration Roaming obligations; Standards of conduct: Pipeline safety: COMMENTS DUE NEXT reexamination; Gas gathering line definition; WEEK comments due by 1-26- Labor organization officer safety standards for 06; published 1-19-06 and employee reports; onshore lines; public AGRICULTURE [FR 06-00456] comments due by 1-26- 06; published 10-24-05 meeting; comments due DEPARTMENT Emergency Alert System; [FR 05-21274] by 1-26-06; published 1- Animal and Plant Health digital communications 10-06 [FR 06-00224] Inspection Service technology coverage; NUCLEAR REGULATORY Exportation and importation of comments due by 1-24-06; COMMISSION TREASURY DEPARTMENT animals and animal published 11-25-05 [FR 05- Plants and materials; physical Internal Revenue Service products: 23270] protection: Income taxes:

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Partner’s distributive share; have become Federal laws. It GPO Access at http:// enacted public laws. To comments due by 1-25- may be used in conjunction www.gpoaccess.gov/plaws/ subscribe, go to http:// 06; published 11-18-05 with ‘‘PLUS’’ (Public Laws index.html. Some laws may listserv.gsa.gov/archives/ [FR 05-22281] Update Service) on 202–741– not yet be available. publaws-l.html VETERANS AFFAIRS 6043. This list is also H.R. 4340/P.L. 109–169 DEPARTMENT available online at http:// United States-Bahrain Free Note: This service is strictly Servicemembers’ and www.archives.gov/federal- Trade Agreement for E-mail notification of new veterans’ group life register/laws.html. Implementation Act (Jan. 11, insurance: laws. The text of laws is not The text of laws is not 2006; 119 Stat. 3581) Traumatic injury protection; available through this service. published in the Federal comments due by 1-23- Last List January 12, 2006 PENS cannot respond to Register but may be ordered 06; published 12-22-05 specific inquiries sent to this in ‘‘slip law’’ (individual [FR 05-24390] address. pamphlet) form from the Public Laws Electronic Superintendent of Documents, Notification Service LIST OF PUBLIC LAWS U.S. Government Printing (PENS) Office, Washington, DC 20402 This is a continuing list of (phone, 202–512–1808). The public bills from the current text will also be made PENS is a free electronic mail session of Congress which available on the Internet from notification service of newly

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