11–20–06 Monday Vol. 71 No. 223 Nov. 20, 2006

Pages 67031–67290

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Contents Federal Register Vol. 71, No. 223

Monday, November 20, 2006

Agricultural Marketing Service Federal Acquisition Regulation (FAR): PROPOSED RULES Agency information collection activities; proposals, Cotton research and promotion order: submissions, and approvals, 67114 Cotton Board Rules and Regulations; amendments; Meetings: withdrawn, 67072 Defense Policy Board Advisory Committee, 67114 Women in Services Advisory Committee, 67114–67115 Agriculture Department See Agricultural Marketing Service Economic Analysis Bureau See Energy Policy and New Uses Office, Agriculture PROPOSED RULES Department International services surveys: See Forest Service BE-125; transactions in selected services and intangible See Rural Business-Cooperative Service assets with foreign persons; quarterly survey, 67086– See Rural Housing Service 67088 See Rural Utilities Service Centers for Disease Control and Prevention Education Department NOTICES NOTICES Meetings: Agency information collection activities; proposals, National Center for Environmental Health/Agency for submissions, and approvals, 67115–67117 Toxic Substances and Disease Registry— Scientific Counselors Board, 67129–67130 Election Assistance Commission Organization, functions, and authority delegations: NOTICES Centers for Disease Control and Prevention Director, Meetings; Sunshine Act, 67117 67130 Employment Standards Administration Centers for Medicare & Medicaid Services NOTICES NOTICES Agency information collection activities; proposals, Privacy Act; systems of records, 67130–67148 submissions, and approvals, 67164

Coast Guard Energy Department RULES NOTICES Ports and waterways safety; regulated navigation areas, Environmental statements; notice of intent safety zones, security zones, etc.: Complex 2030; stockpile stewardship and management; Cocheco River Dredging Project, NH, 67055–67057 meeting location change, 67117–67118 Kealakekua Bay, HI, 67057–67059 Energy Policy and New Uses Office, Agriculture Commerce Department Department See Economic Analysis Bureau See Foreign-Trade Zones Board RULES See Industry and Security Bureau Biobased products; designation guidance for federal See International Trade Administration procurement, 67031–67032 See National Oceanic and Atmospheric Administration See Patent and Trademark Office Environmental Protection Agency Comptroller of the Currency RULES NOTICES Air pollution control: Agency information collection activities; proposals, State operating permits programs— submissions, and approvals, 67204–67205 Arizona, 67061–67065 Air programs: Customs and Border Protection Bureau Fuels and fuel additives— NOTICES Reporting requirements; CFR correction, 67065 Agency information collection activities; proposals, NOTICES submissions, and approvals, 67149 Meetings: Commercial laboratory accreditation: Forum on State and Tribal Toxics Action, 67118–67119 Inspectorate America Corp.; approval, 67149–67150 Reports and guidance documents; availability, etc.: Customs broker and national permits; user fees, 67150 Cyanobacterial toxins: anatoxin-a, cylindrospermopsin and microcystins LR, RR, YR and LA; toxicological Defense Department reviews, 67119–67121 NOTICES Voluntary Children’s Chemical Evaluation Program; Civilian health and medical program of the uniformed implementation, 67121–67124 services (CHAMPUS): Water programs: TRICARE program— Blue Ribbon Water Quality Trading Awards, 67124– Demonstration project for Alaska, 67112–67113 67125

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Equal Employment Opportunity Commission General Services Administration NOTICES NOTICES Agency information collection activities; proposals, Federal Acquisition Regulation (FAR): submissions, and approvals, 67125–67127 Agency information collection activities; proposals, submissions, and approvals, 67114 Export-Import Bank NOTICES Health and Human Services Department Meetings: See Centers for Disease Control and Prevention Advisory Committee, 67127 See Centers for Medicare & Medicaid Services See Health Resources and Services Administration Federal Aviation Administration See National Institutes of Health NOTICES PROPOSED RULES Meetings: Airworthiness directives: American Health Information Community, 67128–67129 Bombardier, 67079–67082 EADS SOCATA, 67084–67086 Health Resources and Services Administration Empresa Brasileira de Aeronautica S.A. (EMBRAER), NOTICES 67075–67077, 67082–67084 Organization, functions, and authority delegations: Fokker, 67077–67079 Health Resources and Services Administration Pratt & Whitney, 67073–67075 Administrator, 67148 Federal Deposit Insurance Corporation Homeland Security Department NOTICES See Coast Guard Meetings; Sunshine Act, 67127–67128 See Customs and Border Protection Bureau See Federal Emergency Management Agency Federal Election Commission NOTICES Housing and Urban Development Department Meetings; Sunshine Act, 67128 NOTICES Agency information collection activities; proposals, Federal Emergency Management Agency submissions, and approvals, 67150–67151 RULES Industry and Security Bureau Flood elevation determinations: RULES Various States, 67068–67071 Export administration regulations: NOTICES Foreign policy controls on surreptitious communications Agency information collection activities; proposals, intercepting devices; imposition, 67034–67037 submissions, and approvals, 67150 Interior Department Federal Motor Carrier Safety Administration See Fish and Wildlife Service NOTICES See Land Management Bureau Agency information collection activities; proposals, See Minerals Management Service submissions, and approvals, 67198–67200 See National Park Service Committees; establishment, renewal, termination, etc.: See Reclamation Bureau Motor Carrier Safety Advisory Committee, 67200–67201 Motor carrier safety standards: International Trade Administration Driver qualifications; diabetes exemptions, 67201–67203 NOTICES Antidumping: Federal Reserve System Stainless steel butt-weld pipe fittings from— NOTICES Taiwan, 67098–67099 Banks and bank holding companies: Wooden bedroom furniture from— Change in bank control, 67128 China, 67099–67102 Formations, acquisitions, and mergers, 67128 Countervailing duties: Cut-to-length plate from— Fish and Wildlife Service Italy; correction, 67102–67103 PROPOSED RULES Endangered and threatened species: International Trade Commission Critical habitat designations— NOTICES Suisun thistle and soft bird’s-beak, 67089–67092 Import investigations: Foundry coke from— China, 67161–67162 Foreign-Trade Zones Board NOTICES Justice Department Applications, hearings, determinations, etc.: NOTICES Puerto Rico, 67098 Pollution control; consent judgments: Honeywell International, Inc., et al., 67162 Forest Service Pala Band of Mission Indians, et al., 67162–67163 NOTICES Recreation fee areas: Labor Department Homochitto National Forest, MS; access fees, 67093 See Employment Standards Administration

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See Labor Statistics Bureau Marine mammal permit applications, determinations, etc., NOTICES 67106 Reports and guidance documents; availability, etc.: Meetings: Federal antidiscrimination, whistleblower protection, and Climate Change Science Program Product Development retaliation laws; No FEAR Act notice, 67163–67164 Committee for Synthesis and Assessment Product 5.3, 67106–67107 Labor Statistics Bureau Mid-Atlantic Fishery Management Council, 67107 NOTICES North Pacific Fishery Management Council, 67107–67108 Meetings: Pacific Fishery Management Council, 67108–67109 Federal Economic Statistics Advisory Committee, 67164– 67165 National Park Service NOTICES Land Management Bureau Environmental statements; availability, etc.: RULES Sequoia and Kings Canyon National Parks, CA; general Land resource management: management plan and comprehensive river Public sales; segregation time, 67066–67068 management plan, 67158–67159 NOTICES Alaska Native claims selection: Nuclear Regulatory Commission NIMA Corp., 67151 PROPOSED RULES Meetings: Rulemaking petitions: Resource Advisory Councils— Shaw, Sally, 67072–67073 Sierra Front-Northwestern Great Basin, 67152 NOTICES Realty actions; sales, leases, etc.: Domestic licensing proceedings and issuance of orders: Utah, 67152–67153 Panoramic and underwater irradiators; possession of Survey plat filings: greater than 370 terabecquerels of byproduct material North Carolina, 67153 in the form of sealed sources, 67167–67169 Meetings; Sunshine Act, 67169–67170 Merit Systems Protection Board Reports and guidance documents; availability, etc.: NOTICES Consolidated line item improvement process; model Agency information collection activities; proposals, safety evaluation, model license amendment submissions, and approvals, 67165 technical specification improvement regarding deletion of bar Minerals Management Service definition; revision to reactor coolant system specific NOTICES activity technical specification, 67170–67175 Agency information collection activities; proposals, Applications, hearings, determinations, etc.: submissions, and approvals, 67153–67158 Tennessee Valley Authority, 67166–67167 National Aeronautics and Space Administration Overseas Private Investment Corporation NOTICES Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 67114 submissions, and approvals, 67175–67176 Patent licenses; non-exclusive, exclusive, or partially exclusive: Patent and Trademark Office Nanoconduction, Inc., 67165–67166 NOTICES Small business size standards: National Highway Traffic Safety Administration Small business concern;, 67109–67112 NOTICES Meetings: Personnel Management Office Human factors research necessary to support advanced RULES vehicle safety technologies; forum, 67203–67204 Combined Federal Campaign; eligibility requirements and public accountability standards, 67276–67290 National Institutes of Health NOTICES Reclamation Bureau Reports and guidance documents; availability, etc.: NOTICES Cardiovascular risk; biomarker consortium, 67148–67149 Contract negotiations: Water service, repayment, and other water-related National Oceanic and Atmospheric Administration contract negotiations; quarterly status report, 67159– RULES 67161 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Rural Business-Cooperative Service Gulf of Alaska groundfish, 67210–67273 RULES NOTICES Program regulations: Exempted fishing permit applications, determinations, etc., Business and industry guaranteed loans; tangible balance 67103–67105 sheet equity, 67032–67034 Fishery conservation and management: NOTICES Northeastern United States fisheries— Grants and cooperative agreements; availability, etc.: Atlantic surfclam and ocean quahog, 67105 Rural Business Enterprise Program, 67093–67097

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Rural Housing Service Summer Work Travel Programs; policy statement, 67198 NOTICES Agency information collection activities; proposals, Transportation Department submissions, and approvals, 67097–67098 See Federal Aviation Administration See Federal Motor Carrier Safety Administration Rural Utilities Service See National Highway Traffic Safety Administration RULES Program regulations: Business and industry guaranteed loans; tangible balance Treasury Department sheet equity, 67032–67034 See Comptroller of the Currency Securities and Exchange Commission Veterans Affairs Department NOTICES RULES Agency information collection activities; proposals, Adjudication; pensions, compensation, dependency, etc.: submissions, and approvals, 67176 Military retired pay and veterans disability compensation Self-regulatory organizations; proposed rule changes: for certain military retirees; full concurrent receipt American Stock Exchange LLC, 67176–67178 phase-in, 67059–67061 Chicago Board Options Exchange, Inc., 67178–67179 NOTICES National Association of Securities Dealers, Inc., 67179– Agency information collection activities; proposals, 67185 submissions, and approvals, 67205–67207 National Securities Clearing Corp., 67185–67186 Meetings: New York Stock Exchange LLC, 67187–67188 Joint Biomedical Laboratory Research and Development Philadelphia Stock Exchange, Inc., 67188–67190 and Clinical Science Research and Development Services Scientific Merit Review Board, 67207 Smithsonian Institution NOTICES Environmental statements; notice of intent: Smithsonian National Museum of African American Separate Parts In This Issue History and Culture, 67190–67191 Part II Social Security Administration Commerce Department, National Oceanic and Atmospheric RULES Administration, 67210–67273 Social Security benefits: Federal old age, survivors, and disability insurance— Part III Visual disorders; evaluation criteria; revision, 67037– Personnel Management Office, 67276–67290 67055 State Department NOTICES Reader Aids Arms Export Control Act: Consult the Reader Aids section at the end of this issue for Persons violating or conspiring to violate Section 38; phone numbers, online resources, finding aids, reminders, statutory debarment, 67191–67192 and notice of recently enacted public laws. Grants and cooperative agreements; availability, etc.: To subscribe to the Federal Register Table of Contents Gilman International Scholarship Program, 67192–67197 LISTSERV electronic mailing list, go to http:// Reports and guidance documents; availability, etc.: listserv.access.gpo.gov and select Online mailing list Federal antidiscrimination, whistleblower protection, and archives, FEDREGTOC-L, Join or leave the list (or change retaliation laws; No FEAR Act notice, 67197–67198 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.

5 CFR 950...... 67276 7 CFR 2902...... 67031 4279...... 67032 Proposed Rules: 1205...... 67072 10 CFR Proposed Rules: 51...... 67072 14 CFR Proposed Rules: 39 (6 documents) ...... 67073, 67075, 67077, 67079, 67082, 67084 15 CFR 730...... 67034 738...... 67034 740...... 67034 742...... 67034 746...... 67034 750...... 67034 752...... 67034 774...... 67034 902...... 67210 Proposed Rules: 801...... 67086 20 CFR 404...... 67037 33 CFR 165 (2 documents) ...... 67055, 67057 38 CFR 3...... 67059 40 CFR 70...... 67061 80...... 67065 43 CFR 2091...... 67066 2710...... 67066 44 CFR 67...... 67059 50 CFR 679...... 67210 Proposed Rules: 17...... 67089

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Rules and Regulations Federal Register Vol. 71, No. 223

Monday, November 20, 2006

This section of the FEDERAL REGISTER regarding the Federal Biobased Products would be established for water tank contains regulatory documents having general Preferred Procurement Program is coatings and bedding, bed linens, and applicability and legal effect, most of which available on the Internet at http:// towels after two or more manufacturers are keyed to and codified in the Code of www.biobased.oce.usda.gov. of biobased products within these items Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: The were identified. With today’s final rule, information presented in this preamble USDA is announcing that additional The Code of Federal Regulations is sold by is organized as follows: manufacturers of products within these the Superintendent of Documents. Prices of I. Authority two designated items have been new books are listed in the first FEDERAL identified. As it has done with all REGISTER issue of each week. II. Background III. Summary of Changes manufacturers of qualifying biobased IV. Regulatory Information products, USDA invites these A. Executive Order 12866: Regulatory manufacturers of qualifying products to DEPARTMENT OF AGRICULTURE Planning and Review B. Executive Order 12630: Governmental post information on the product, contact Office of Energy Policy and New Uses Actions and Interference With information, and performance testing on Constitutionally Protected Property its FB4P Web site, http:// 7 CFR Part 2902 Rights www.biobased.oce.usda.gov. Procuring C. Executive Order 12988: Civil Justice RIN 0503–AA29 agencies will be able to utilize this Web Reform site as one tool to determine the D. Executive Order 13132: Federalism Designation of Biobased Items for E. Unfunded Mandates Reform Act of 1995 availability of qualifying biobased Federal Procurement F. Executive Order 12372: products under a designated item. AGENCY: Office of Energy Policy and Intergovernmental Review of Federal III. Summary of Changes Programs New Uses, USDA. G. Executive Order 13175: Consultation This final rule amends subsections ACTION: Final rule; establishment of and Coordination With Indian Tribal effective date. Governments 2902.12(c) and 2902.15(c) to specify the dates by which procuring agencies must SUMMARY: The U.S. Department of I. Authority give procurement preference to biobased Agriculture (USDA) is amending 7 CFR The Guidelines for Designating products within the water tank coatings part 2902, Guidelines for Designating Biobased Products for Federal and bedding, bed linens, and towels Biobased Products for Federal Procurement (the Guidelines) were designated items, respectively. USDA is Procurement, to establish the effective established under the authority of establishing a preference effective date date by which procuring agencies must section 9002 of the Farm Security and of November 20, 2007 for these two give a procurement preference for Rural Investment Act of 2002 (FSRIA), designated items. This effective date qualifying biobased water tank coatings 7 U.S.C. 8102 (referred to in this allows procuring agencies a one-year and bedding, bed linens, and towels. document as ‘‘section 9002’’), as These two items were designated for period for the implementation of the amended by the Energy Policy Act of procurement preference. procurement preference in a final rule 2005 (Pub. L. 109–58). published by USDA on March 16, 2006 IV. Regulatory Information (71 FR 13686). At that time, however, II. Background the effective date by which procuring On March 16, 2006, USDA published A. Executive Order 12866: Regulatory agencies were required to give these two in the Federal Register (71 FR 13686) a Planning and Review designated items procurement final rule designating six items within preference was deferred until such time This rule has been reviewed under which biobased products will be Executive Order 12866. This rule has that additional manufacturers of afforded procurement preference, as been determined to be not significant for products within these designated items required by section 9002 of FSRIA. In the purposes of Executive Order 12866, were identified. This final rule that final rule, USDA established an and therefore has not been reviewed by announces that additional effective date of March 16, 2007, as the manufacturers have been identified for date by which procuring agencies must the Office of Management and Budget each item and establishes the effective give procurement preference to four of (OMB). date by which procuring agencies must the six items. However, as discussed in B. Executive Order 12630: give these two designated items the preamble to the March 16, 2006, procurement preference. Governmental Actions and Interference final rule, USDA deferred establishing With Constitutionally Protected Property DATES: This rule is effective November an effective date for the other two items Rights 20, 2006. because only one manufacturer of a FOR FURTHER INFORMATION CONTACT: biobased product within each of these This final rule has been reviewed in Marvin Duncan, USDA, Office of the items had been identified. The two accordance with Executive Order 12630, Chief Economist, Office of Energy Policy items for which an effective date was Governmental Actions and Interference and New Uses, Room 4059, South deferred were water tank coatings and with Constitutionally Protected Property Building, 1400 Independence Avenue, bedding, bed linens, and towels. Rights, and does not contain policies SW., MS–3815, Washington, DC 20250– In the March 16, 2006, Federal that would have implications for these 3815; e-mail: [email protected]; Register notice, USDA announced that a rights. phone: (202) 401–0461. Information preferred procurement effective date

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C. Executive Order 12988: Civil Justice CHAPTER XXIX—OFFICE OF ENERGY SUMMARY: Rural Business-Cooperative Reform POLICY AND NEW USES, DEPARTMENT OF Service (RBS) amends its regulations for AGRICULTURE the Business and Industry (B&I) This final rule has been reviewed in Guaranteed Loan Program by modifying PART 2902—GUIDELINES FOR accordance with Executive Order 12988, the regulation regarding personal and DESIGNATING BIOBASED PRODUCTS Civil Justice Reform. This rule does not corporate guarantors. This action will FOR FEDERAL PROCUREMENT preempt State or local laws, is not standardize the guarantor process. The intended to have retroactive effect, and I 1. The authority citation for part 2902 Agency has created a guarantor form does not involve administrative appeals. continues to read as follows: which will be used to obtain the personal or corporate guarantee of D. Executive Order 13132: Federalism Authority: 7 U.S.C. 8102. anyone owning greater than 20 percent This final rule does not have I 2. Revise paragraph (c) of § 2902.12 to interest in the borrower. The effect of sufficient federalism implications to read as follows: this rule is to allow the Agency to use all remedies available to pursue warrant the preparation of a Federalism § 2902.12 Water tank coatings. Assessment. Provisions of this rule will collection from guarantors, including * * * * * not have a substantial direct effect on offset under the Debt Collection (c) Preference effective date. No later Improvement Act. States or their political subdivisions or than November 20, 2007, procuring on the distribution of power and DATES: This rule is effective December agencies, in accordance with this part, 20, 2006. responsibilities among the various will give a procurement preference for FOR FURTHER INFORMATION CONTACT: government levels. qualifying biobased water tank coatings. David Lewis, Business and Industry By that date, Federal agencies that have E. Unfunded Mandates Reform Act of Loan Servicing Branch, Rural Business- the responsibility for drafting or 1995 Cooperative Service, U.S. Department of reviewing specifications for items to be Agriculture, STOP 3224, 1400 This final rule contains no Federal procured shall ensure that the relevant Independence Avenue, SW., mandates under the regulatory specifications require the use of Washington, DC 20250–3224, telephone provisions of Title II of the Unfunded biobased water tank coatings. (202) 690–0797, or by e-mail to Mandates Reform Act of 1995 (UMRA), I 3. Revise paragraph (c) of § 2902.15 to [email protected]. 2 U.S.C. 1531–1538, for State, local, and read as follows: tribal governments, or the private sector. SUPPLEMENTARY INFORMATION: § 2902.15 Bedding, bed linens, and towels. Therefore, a statement under section Classification 202 of UMRA is not required. * * * * * (c) Preference effective date. No later This final rule has been reviewed F. Executive Order 12372: than November 20, 2007, procuring under Executive Order 12866 and Intergovernmental Review of Federal agencies, in accordance with this part, determined not to be significant and has Programs will give a procurement preference for not been reviewed by the Office of qualifying biobased bedding, bed linens, Management and Budget (OMB). For the reasons set forth in the Final and towels. By that date, Federal Programs Affected Rule Related Notice for 7 CFR part 3015, agencies that have the responsibility for subpart V (48 FR 29115, June 24, 1983), drafting or reviewing specifications for The Catalog of Federal Domestic this program is excluded from the scope items to be procured shall ensure that Assistance number for the program of the Executive Order 12372, which the relevant specifications require the impacted by this action is 10.768, requires intergovernmental consultation use of biobased bedding, bed linens, and Business and Industry Loans. with State and local officials. This towels. Intergovernmental Review program does not directly affect State Dated: November 14, 2006. and local governments. Business and Industry Guaranteed Keith Collins, Loans are subject to the provisions of G. Executive Order 13175: Consultation Chief Economist, U.S. Department of Executive Order 12372, which requires and Coordination With Indian Tribal Agriculture. intergovernmental consultation with Governments [FR Doc. E6–19587 Filed 11–17–06; 8:45 am] State and local officials. BILLING CODE 3410–GL–P Intergovernmental consultation is Today’s final rule does not required in the manner delineated in RD significantly or uniquely affect ‘‘one or Instruction 1940–J and 7 CFR part 3015, more Indian tribes, * * * the DEPARTMENT OF AGRICULTURE subpart V, ‘‘Intergovernmental Review relationship between the Federal of Rural Development Programs and Government and Indian tribes, or * * * Rural Business-Cooperative Service Activities.’’ the distribution of power and responsibilities between the Federal Rural Utilities Service Civil Justice Reform Government and Indian tribes.’’ Thus, This rule has been reviewed under no further action is required under 7 CFR Part 4279 Executive Order 12988, Civil Justice Executive Order 13175. Reform. In accordance with this rule, (1) RIN 0570–AA54 All State and local laws and regulations List of Subjects in 7 CFR Part 2902 that are in conflict with this rule will be Business and Industry Guaranteed Biobased products, Procurement. preempted; (2) no retroactive effect will Loan Program be given this rule; and (3) administrative I For the reasons stated in the preamble, AGENCY: Rural Business-Cooperative proceedings of the National Appeals the Department of Agriculture is Service, USDA. Division (7 CFR part 11) must be amending 7 CFR chapter XXIX as exhausted before bringing suit in court ACTION: Final rule. follows: challenging action taken under this rule.

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Environmental Impact Statement not have a substantial direct effect on loss claims, and rectify any ambiguities This document has been reviewed in States or their political subdivisions or regarding its ability to refer these debts accordance with 7 CFR part 1940, on the distribution of power and to Treasury. responsibilities among the various subpart G, ‘‘Environmental Program.’’ Comments on the Proposed Rule and levels of government. RBS has determined that this action Responses does not constitute a major Federal Executive Order 13175 action significantly affecting the quality A proposed rule was published on of the human environment, and in Executive Order 13175, Consultation April 7, 2005, [70 FR 17616–17618] and accordance with the National and Coordination with Indian Tribal no comments were received. Governments, imposes requirements on Environmental Policy Act (NEPA) of List of Subjects in 7 CFR Part 4279 1969, 42 U.S.C. 4321 et seq., this USDA in the development of regulatory regulation is a Categorical Exclusion. policies that have tribal implications or Loan programs—Business and Loan applications will be reviewed pre-empt tribal laws. USDA has industry—Rural development individually to determine compliance determined that the regulation does not assistance, Rural areas. with NEPA. have a substantial direct effect on one or more Indian tribe or on either the I Therefore, chapter XLII, title 7, Code Unfunded Mandates Reform Act relationship or the distribution of of Federal Regulations, is amended as Title II of the Unfunded Mandates powers and responsibilities between the follows: Reform Act 1995 (UMRA) of, Pub. L. Federal Government and the Indian tribes. Thus, this rule is not subject to PART 4279—GUARANTEED 104–4 establishes requirements for LOANMAKING Federal agencies to assess the effects of the requirements of Executive Order their regulatory actions on State, local, 13175. I 1. The authority citation for part 4279 and tribal governments and the private Paperwork Reduction Act continues to read as follows: sector. Under section 202 of the UMRA, RBS generally must prepare a written In accordance with the Paperwork Authority: 5 U.S.C. 301; 7 U.S.C. 1989. statement, including a cost-benefit Reduction Act of 1995, the information collection requirements contained in Subpart B—Business and Industry analysis, for proposed and final rules Loans with ‘‘Federal mandates’’ that may this regulation has been approved by OMB control number 0570–0017. result in expenditures to State, local, or I 2. Section 4279.149 is revised to read tribal governments, in the aggregate, or E-Government Act Compliance as follows: to the private sector of $100 million or more in any one year. When such a The Rural Business-Cooperative § 4279.149 Personal and corporate statement is needed for a rule, section Service is committed to complying with guarantee. 205 of UMRA generally requires RBS to the E-Government Act, to promote the use of the Internet and other (a) Unconditional personal and identify and consider a reasonable corporate guarantees are part of the number of regulatory alternatives and information technologies to provide increased opportunities for citizen collateral for the loan, but are not adopt the least costly, more cost- considered in determining whether a effective, or least burdensome access to Government information and services, and for other purposes. loan is adequately secured for alternative that achieves the objectives loanmaking purposes. Agency approved of the rule. Discussion personal and corporate guarantees for This rule contains no Federal Pursuant to the Debt Collection the full term of the loan and at least mandates (under the regulatory equal to the guarantor’s percent interest provisions of Title II of the UMRA) for Improvement Act of 1996 (DCIA), the Agency is required to send the debt in the borrower, times the loan amount State, local, and tribal governments or are required from those owning greater the private sector. Thus, this rule is not owed to the Government to the Department of the Treasury (Treasury) than a 20 percent interest in the subject to the requirements of sections borrower, unless the lender documents 202 and 205 of the UMRA. for collection. The DCIA covers both guaranteed and direct loans made by the to the Agency’s satisfaction that Regulatory Flexibility Act Agency. Some ambiguity has existed collateral, equity, cashflow, and In compliance with the Regulatory regarding the Agency’s ability to collect profitability indicate an above-average Flexibility Act (5 U.S.C. 601–602), RBS from guarantors of the borrower’s loan. ability to repay the loan. The guarantors has determined that this action would This rule will end that ambiguity by will execute an Agency approved not have a significant economic impact clearly making guarantors personally unconditional guarantee form. When on a substantial number of small liable for any claims paid by the warranted by an Agency assessment of entities. RBS made this determination Government. potential financial risk, Agency based on the fact that this regulation The Agency will establish more approved guarantees may also be only impacts those who choose to uniformity in the guarantees being required of parent, subsidiaries, or participate in the program. Small entity obtained by lenders. This should result affiliated companies (owning less than a applicants will not be impacted to a in the program being administered more 20 percent interest in the borrower) and greater extent than large entity consistently and the Government require security for any guarantee applicants. recovering more of its loss claims. provided under this section. Currently, guaranteed lenders prepare (b) Exceptions to the requirement for Executive Order 13132 non-uniform, personal, or corporate personal guarantees must be requested It has been determined that, under guarantees. When there is a loss on the by the lender and concurred by the Executive Order 13132, Federalism, this guaranteed loan, the lender pursues Agency approval official on a case-by- rule does not have sufficient federalism these guarantees with mixed recovery case basis. The lender must document implications to warrant the preparation results. By implementing this rule, the that collateral, equity, cashflow, and of a Federalism Assessment. The Agency will treat all guarantors profitability indicate an above-average provisions contained in this rule will consistently, collect more money on its ability to repay the loan.

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Dated: October 4, 2006. [email protected], or by fax to license is required for AT reasons, by William F. Hagy III, (202) 395–7285. providers of wire or electronic Acting Administrator, Rural Business- FOR FURTHER INFORMATION CONTACT: Joan communication service acting in the Cooperative Service. Roberts, Director, Foreign Policy normal course of business; or officers, [FR Doc. 06–9262 Filed 11–17–06; 8:45 am] Division, Office of Nonproliferation and agents, or employees of, or persons BILLING CODE 3410–XY–P Treaty Compliance, Bureau of Industry under contract with, the United States, and Security, Department of Commerce, a State, or a political subdivision thereof P.O. Box 273, Washington, DC 20044; in the normal course of activities of any DEPARTMENT OF COMMERCE Telephone (202) 482–4252, or E-mail: of the governmental entities listed. [email protected]. License applications from other parties Bureau of Industry and Security will generally be denied. SUPPLEMENTARY INFORMATION: The license requirement for 5A980, 15 CFR Parts 730, 738, 740, 742, 746, Background 5D980, and 5E980 items is not reflected on the Commerce Country Chart 750, 752, and 774 This rule amends the Export (Supplement No. 1 to Part 738 of the Administration Regulations (EAR) by [Docket No. 050428118–5118–01] EAR). The requirement is set forth at the imposing new foreign policy controls RIN 0694–AC82 entries for ECCNs 5A980, 5D980, and (‘‘SL’’ for surreptitious listening) on 5E980 on the Commerce Control List Imposition of Foreign Policy Controls devices primarily useful for the (CCL) in part 774 of the EAR and also on Surreptitious Communications surreptitious interception of wire, oral, in section 742.13(a) of the EAR. Section Intercepting Devices or electronic communications, as well 742.13(b) of the EAR sets forth the as related software and technology. The licensing policy for surreptitious AGENCY: Bureau of Industry and Bureau of Industry and Security (BIS) is communications intercepting devices Security, Commerce. taking this action in order to prevent the controlled under 5A980, as well as ACTION: Final rule. unlawful interception of oral, wire, or related software and technology electronic communications by terrorists controlled under newly created ECCNs SUMMARY: The Bureau of Industry and and others who may put the information Security (BIS) is amending the Export 5D980 and 5E980. gained through intercepted The license requirements set forth in Administration Regulations (EAR) by communications to an unlawful use; to imposing new foreign policy export and the EAR are independent of the promote the protection of privacy of requirements of section 2512 of the reexport controls on devices primarily oral, wire, or electronic useful for the surreptitious interception Omnibus Crime Control and Safe Streets communications; and to protect against Act of 1968, as amended (18 U.S.C. of wire, oral, or electronic threats of terrorism around the world. communications classified under Export 2512). These controls do not supersede, This rule amends the EAR by imposing nor do they implement, construe, or Control Classification Number (ECCN) a license requirement for SL reasons to 5A980. In this rule, BIS also imposes limit the scope of any of the statutory all destinations on devices primarily restrictions of section 2512 of the controls on related software and useful for surreptitious interception of Omnibus Crime Control and Safe Streets technology by creating ECCNs 5D980 wire, oral or electronic communications Act of 1968, as amended, that are and 5E980. BIS is taking this action in classified under Export Control enforced by the U.S. Department of order to prevent the unlawful Classification Number (ECCN) 5A980. Justice. interception of oral, wire, or electronic This rule also imposes controls on This rule maintains the restriction on communications by terrorists and others related software and technology by License Exception availability for the who may put the information gained creating ECCN 5D980 for software export or reexport of items primarily through intercepted communications to primarily useful for the surreptitious useful for surreptitious interception of an unlawful use, to promote the interception of wire, oral, or electronic wire, oral, or electronic protection of privacy of oral, wire, or communications, and software communications, or related software, electronic communications; and to primarily useful for the ‘‘development’’, controlled under ECCNs 5A980, as set protect against threats of terrorism ‘‘production’’, or ‘‘use’’ of devices forth in section 740.2(a), Restrictions on around the world. controlled under ECCN 5A980; and by all License Exceptions, of the EAR. Only DATES: This rule is effective November creating ECCN 5E980 for technology License Exception Governments, 20, 2006. primarily useful for the ‘‘development’’, international organizations, and ADDRESSES: Although there is no formal ‘‘production’’, or ‘‘use’’ of devices international inspections under the comment period, public comments on controlled under ECCN 5A980. Chemical Weapons Convention (GOV) is this regulation are welcome and should This rule also imposes a license available to export or reexport such be sent to [email protected], requirement for AT reasons on exports items if consigned to and for the official by fax (202) 482–3355 or by mail or and reexports of items controlled under use of an agency of the U.S. hand delivery to Sheila Quarterman, 5A980, 5D980, or 5E980 to Cuba, Iran, Government, as set forth in section Office of Exporter Services, Regulatory North Korea, Sudan, and Syria. BIS will 740.11(b)(2)(ii) of the EAR. This rule Policy Division, Bureau of Industry and generally deny all applications places the same restrictions on License Security, Department of Commerce, involving terrorist supporting countries Exception availability for software 14th Street & Pennsylvania Avenue, and those involving a material controlled under new ECCN 5D980. No NW., Room 2705, Washington, DC contribution to certain proliferation License Exceptions are available for the 20230. Please refer to regulatory activities as set forth in part 744 of the export or reexport of technology useful identification number (RIN) 0694–AC82 EAR. for surreptitious interception of wire, in all comments, and in the subject line BIS will generally approve oral, or electronic communications of e-mail comments. Comments on the applications for the export and reexport covered under new ECCN 5E980. collection of information should be sent of items classified under 5A980, 5D980, This action is taken after consultation to David Rostker, Office of Management or 5E980 to all other destinations, with the Secretary of State. BIS and Budget (OMB), by e-mail to except for destinations for which a submitted a foreign policy report to the

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Congress indicating the imposition of rulemaking and an opportunity for CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR new foreign policy controls on public comment are not required to be 28205, 3 CFR, 1994 Comp., p. 899; E.O. September 22, 2006. given for this rule by 5 U.S.C. 553, or 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. Although the Export Administration by any other law, the analytical 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Act expired on August 20, 2001, Comp., p. 356; E.O. 12981, 60 FR 62981, 3 requirements of the Regulatory CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR Executive Order 13222 of August 17, Flexibility Act, 5 U.S.C. 601 et seq., are 54079, 3 CFR, 1996 Comp. p. 219; E.O. 2001 (3 CFR, 2001 Comp., p. 783 not applicable. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. (2002)), as extended by the Notice of Therefore, this regulation is issued in 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 August 3, 2006 (71 FR 44551, August 7, final form. Although there is no formal Comp., p. 208; E.O. 13222, 66 FR 44025, 3 2006), continues the Regulations in comment period, public comments on CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR effect under the International this regulation are welcome on a 49079, 3 CFR, 2001 Comp., p. 786; E.O. Emergency Economic Powers Act. BIS continuing basis. Comments should be 13338, 69 FR 26751, May 13, 2004; Notice of amends the EAR in this rule under the submitted to Sheila Quarterman, Office October 25, 2005, 70 FR 62027 (October 27, provisions of the EAA as continued in 2005); Notice of August 3, 2006, 71 FR 44551 of Exporter Services, Regulatory Policy (August 7, 2006). effect under IEEPA and Executive Order Division, Bureau of Industry and 13222. Security, Department of Commerce, PART 738—[AMENDED] Rulemaking Requirements 14th Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC I 2. The authority citation for 15 CFR 1. This final rule has been determined 20230. part 738 is revised to read as follows: to be not significant for the purposes of Executive Order 12866. List of Subjects Authority: 50 U.S.C. app. 2401 et seq.; 50 2. Notwithstanding any other U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 15 CFR Part 730 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et provision of law, no person is required Administrative practice and seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); to respond to nor be subject to a penalty 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. for failure to comply with a collection procedure, Advisory committees, 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; of information, subject to the Exports, Reporting and recordkeeping Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. requirements of the Paperwork requirements, Strategic and critical L. 107–56; E.O. 13026, 61 FR 58767, 3 CFR, Reduction Act of 1995 (44 U.S.C. 3501 materials. 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August et seq.) (PRA), unless that collection of 15 CFR Part 738 information displays a currently valid 3, 2006, 71 FR 44551 (August 7, 2006). Office of Management and Budget Exports. I 3. Section 738.2 is amended by (OMB) Control Number. This regulation 15 CFR Part 740, 750, 752 amending paragraph (d)(2)(i)(A) to add involves collections previously an entry to the end of the list to read as approved by the OMB under control Administrative practice and follows: numbers 0694–0088, ‘‘Multi-Purpose procedure, Exports, Reporting and recordkeeping requirements. § 738.2 Commerce Control List (CCL) Application,’’ which carries a burden structure. hour estimate of 58 minutes to prepare 15 CFR Part 742 and submit form BIS–748. Burden hours * * * * * Exports, Terrorism. (d) * * * associated with the Paperwork (2) * * * Reduction Act and Office and 15 CFR Part 746 (i) * * * Management and Budget control Exports, Reporting and recordkeeping (A) * * * number 0694–0088 are not impacted by requirements. this regulation. Send comments SL Surreptitious Listening regarding this burden estimate or any 15 CFR Part 774 * * * * * other aspect of this collection of Exports, Reporting and recordkeeping I 4. Section 738.3 is amended by adding information, including suggestions for requirements. paragraphs (a)(1) and (a)(2) to read as reducing the burden, to David Rostker, I follows: Office of Management and Budget Accordingly, parts 730, 738, 740, 742, (OMB), by e-mail to 746, 750, 752 and 774 of the Export § 738.3 Commerce Country Chart [email protected], or by fax Administration Regulations (15 CFR structure. to (202) 395–7285. parts 730–799) are amended as follows: (a) * * * (1) ECCNs 0A983, 5A980, 5D980, and 3. This rule does not contain policies PART 730—[AMENDED] with Federalism implications sufficient 5E980. A license is required for all to warrant preparation of a Federalism I 1. The authority citation for 15 CFR destinations for items controlled under assessment under Executive Order part 730 is revised to read as follows: these entries. For items controlled by 13132. Authority: 50 U.S.C. app. 2401 et seq.; 50 0A983 and 5E980, no License 4. The provisions of the U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Exceptions apply. For items controlled Administrative Procedure Act (5 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note, by 5A980 and 5D980, License Exception 553) requiring notice of proposed Pub. L. 108–175; 22 U.S.C. 3201 et seq.; 22 GOV may apply if your item is rulemaking, the opportunity for public U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 consigned to and for the official use of participation, and a delay in effective U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; an agency of the U.S. Government (see date, are inapplicable because this 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. § 740.2(a)(3)). If your item is controlled regulation involves a military or foreign 901–911, Pub. L. 106–387; Sec. 221, Pub. L. by 0A983, 5A980, 5D980, or 5E980 you affairs function of the United States (see 107–56; E.O. 11912, 41 FR 15825, 3 CFR, should proceed directly to part 748 of 1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 5 U.S.C. 553(a)(1)). Further, no other 3 CFR, 1977 Comp., p.133; E.O. 12058, 43 FR the EAR for license application law requires that a notice of proposed 20947, 3 CFR, 1978 Comp., p. 179; E.O. instructions and § 742.11 or § 742.13 of rulemaking and an opportunity for 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. the EAR for information on the licensing public comment be given for this rule. 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 policy relevant to these types of Because a notice of proposed Comp., p. 608; E.O. 12854, 58 FR 36587, 3 applications.

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(2) [Reserved] communications (ECCN 5A980); and for Note to Paragraph (b)(1)(i): The normal * * * * * related software primarily useful for the course of the business of providing a wire or surreptitious interception of wire, oral, electronic communications service includes PART 740—[AMENDED] or electronic communications, and any activity which is a necessary incident to the rendition of the service or to the software primarily useful for the I 5. The authority citation for 15 CFR protection of the rights and property of the ‘‘development’’, ‘‘production’’, or ‘‘use’’ provider of that service. part 740 continues to read as follows: of devices controlled under ECCN Authority: 50 U.S.C. app. 2401 et seq.; 50 5A980 (ECCN 5D980); and technology (2) Other license applications will U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. primarily useful for the ‘‘development’’, generally be denied for exports or 106–387; E.O. 13026, 61 FR 58767, 3 CFR, ‘‘production’’, or ‘‘use’’ of devices reexports requiring a license for SL 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, controlled under ECCN 5A980 (ECCN reasons. 3 CFR, 2001 Comp., p. 783; Notice of August 5E980). These licensing requirements do 3, 2006, 71 FR 44551 (August 7, 2006). * * * * * not supersede the requirements (d) U.S. controls. Controls on items I 6. Section 740.2 is amended by contained in the Omnibus Crime classified under ECCNs 5A980, 5D980, revising paragraph (a)(3) to read as Control and Safe Streets Act of 1968, as and 5E980 are maintained by the United follows: amended (18 U.S.C. Section 2512). This States government for foreign policy license requirement is not reflected on purposes. § 740.2 Restrictions on all license the Commerce Country Chart exceptions. (Supplement No. 1 to Part 738 of the PART 746—[AMENDED] (a) * * * EAR). (3) The item is primarily useful for (2) ‘‘Communications intercepting I 9. The authority citation for 15 CFR surreptitious interception of wire, oral, devices’’ are electronic, mechanical, or part 746 continues to read as follows: or electronic communications, or related other devices that can be used for Authority: 50 U.S.C. app. 2401 et seq.; 50 software, controlled under ECCNs interception of wire, oral, or electronic 5A980 or 5D980, unless the item is U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec. communications if their design renders 1503, Pub. L. 108–11,117 Stat. 559; 22 U.S.C. consigned to and for the official use of them primarily useful for surreptitious 6004; Sec. 901–911, Pub. L. 106–387; Sec. an agency of the U.S. Government (see listening even though they may also 221, Pub. L. 107–56; E.O. 12854, 58 FR § 740.11(b)(2)(ii) of this part, have innocent uses. A device is not 36587, 3 CFR 1993 Comp., p. 614; E.O. Governments (GOV)). restricted merely because it is small or 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. * * * * * may be adapted to wiretapping or 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003–23 of May eavesdropping. Some examples of PART 742—[AMENDED] 7, 2003, 68 FR 26459, May 16, 2003; Notice devices to which these restrictions of August 3, 2006, 71 FR 44551 (August 7, I 7. The authority citation for 15 CFR apply are: the martini olive transmitter; 2006). part 742 is revised to read as follows: the infinity transmitter; the spike mike; and the disguised microphone § 746.3 [Amended] Authority: 50 U.S.C. app. 2401 et seq.; 50 appearing as a wristwatch, cufflink, or I 10. Section 746.3 is amended by U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; cigarette pack; etc. The restrictions do 42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106– revising the phrase ‘‘for NS, MT, NP, 387; Sec. 221, Pub. L. 107–56; Sec. 1503, Pub. not apply to devices such as the CW, CB, RS, CC, EI, or SI reasons.’’ in L. 108–11,117 Stat. 559; E.O. 12058, 43 FR parabolic microphone or other paragraph (a)(1) to read ‘‘for NS, MT, 20947, 3 CFR, 1978 Comp., p. 179; E.O. directional microphones ordinarily used NP, CW, CB, RS, CC, EI, SI, or SL 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. by broadcasters at sports events, since reasons.’’ 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 these devices are not primarily useful Comp., p. 950; E.O. 13026, 61 FR 58767, 3 for surreptitious listening. § 746.7 [Amended] CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR (b) Licensing policy. (1) License I 44025, 3 CFR, 2001 Comp., p. 783; 11. Section 746.7 is amended in applications, except for those paragraph (a)(2)(i) by adding the phrase Presidential Determination 2003–23 of May applications for which a license is 7, 2003, 68 FR 26459, May 16, 2003; Notice ‘‘5D980, 5E980,’’ after ‘‘5A980,’’. of October 25, 2005, 70 FR 62027 (October required for both SL and AT reasons, 27, 2005); Notice of August 3, 2006, 71 FR will generally be approved for exports § 746.8 [Amended] 44551 (August 7, 2006). or reexports requiring a license for SL I 12. Section 746.8 is amended in reasons when the exporter or reexporter I 8. Section 742.13 is amended by paragraph (b)(1)(ii) by adding the phrase is: ‘‘5D980; 5E980;’’ after ‘‘5A980;’’. revising paragraphs (a), (b) and (d) to (i) A provider of wire or electronic read as follows: communication services or an officer, PART 750—[AMENDED] § 742.13 Communications intercepting agent, or employee of, or person under devices; software and technology for contract with such a provider, in the I 13. The authority citation for 15 CFR communications intercepting devices. normal course of the business of part 750 continues to read as follows: (a) License requirement. (1) In support providing that wire or electronic Authority: 50 U.S.C. app. 2401 et seq.; 50 of U.S. foreign policy to prohibit the communication service; or U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– export of items that may be used for the (ii) An officer, agent, or employee of, 11,117 Stat. 559; E.O. 13026, 61 FR 58767, 3 surreptitious interception of wire, oral, or a person under contract with, the CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR or electronic communications, a license United States, one of the 50 States, or 44025, 3 CFR, 2001 Comp., p. 783; is required for all destinations, a political subdivision thereof, when Presidential Determination 2003–23 of May including Canada, for ECCNs having an engaged in the normal course of 7, 2003, 68 FR 26459, May 16, 2003; Notice government activities. of August 3, 2006, 71 FR 44551 (August 7, ‘‘SL’’ under the ‘‘Reason for Control’’ 2006). paragraph. These items include any Note to Paragraph (b)(1): For SL reasons, electronic, mechanical, or other device license applications will generally be denied I 14. Section 750.3 is amended by primarily useful for the surreptitious to countries that are subject to controls for revising paragraph (b)(2)(v) to read as interception of wire, oral, or electronic AT reasons. follows:

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§ 750.3 Review of license applications by Commerce Country Chart (Supplement Accordingly, a column specific to this BIS and other government agencies and No. 1 to Part 738 of the EAR). control does not appear on the Commerce departments. Country Chart (Supplement No. 1 to Part 738 * * * * * Note: This licensing requirement does not of the EAR). supersede, nor does it implement, construe Note: These items are subject to the United (b) * * * or limit the scope of any criminal statute, Nations Security Council arms embargo (2) * * * including, but not limited to the Omnibus against Rwanda described in § 746.8 of the (v) The Department of Justice is Safe Streets Act of 1968, as amended. concerned with controls relating to EAR. encryption items and items primarily Note: These items are subject to the United License Exceptions useful for the surreptitious interception Nations Security Council arms embargo against Rwanda described in § 746.8 of the CIV: N/A. of wire, oral, or electronic EAR. TSR: N/A. communications. * * * * * List of Items Controlled PART 752—[AMENDED] I 19. In Supplement No. 1 to Part 774, Unit: $ value. the Commerce Control List, Category 5 Related Controls: N/A. I 15. The authority citation for 15 CFR Related Definitions: N/A. (Telecommunications), is amended by part 752 continues to read as follows: Items: adding new Export Control The list of items controlled is contained in Authority: 50 U.S.C. app. 2401 et seq.; 50 Classification Number (ECCN) 5D980 to the ECCN heading. U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, read as follows: 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR * * * * * 44025, 3 CFR, 2001 Comp., p. 783; Notice of 5D980 Other ‘‘software’’, as follows (see Dated: November 13, 2006. List of Items Controlled). August 3, 2006, 71 FR 44551 (August 7, Christopher A. Padilla, 2006). License Requirements Assistant Secretary for Export I 16. Section 752.3 is amended by Reason for Control: SL, AT. Administration. revising paragraph (a)(7) to read as Controls: SL and AT apply to entire entry. [FR Doc. E6–19509 Filed 11–17–06; 8:45 am] follows: A license is required for all destinations, as BILLING CODE 3510–33–P specified in § 742.13 of the EAR. § 752.3 Eligible items. Accordingly, a column specific to this (a) * * * control does not appear on the Commerce (7) Communications intercepting Country Chart (Supplement No. 1 to Part 738 SOCIAL SECURITY ADMINISTRATION of the EAR). devices and related software and 20 CFR Part 404 technology controlled by ECCN 5A980, Note: This licensing requirement does not 5D980, or 5E980 on the CCL; supersede, nor does it implement, construe [Docket No. SSA–2006–0098] or limit the scope of any criminal statute, * * * * * including, but not limited to the Omnibus RIN 0960–AF34 Safe Streets Act of 1968, as amended. PART 774—[AMENDED] Revised Medical Criteria for Evaluating Note: These items are subject to the United Visual Disorders I 17. The authority citation for 15 CFR Nations Security Council arms embargo part 774 is revised to read as follows: against Rwanda described in § 746.8 of the AGENCY: Social Security Administration. EAR. Authority: 50 U.S.C. app. 2401 et seq.; 50 ACTION: Final rules. U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. License Exceptions SUMMARY: We are revising the criteria in 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et CIV: N/A. the Listing of Impairments (the listings) seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); TSR: N/A. 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. that we use to evaluate claims involving 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; List of Items Controlled visual disorders. We apply these criteria Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. Unit: $ value. when you claim benefits based on L. 107–56; E.O. 13026, 61 FR 58767, 3 CFR, Related Controls: N/A. disability under title II and title XVI of 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, Related Definitions: N/A. the Social Security Act (the Act). The 3 CFR, 2001 Comp., p. 783; Notice of August Items: revisions reflect our program experience 3, 2006, 71 FR 44551 (August 7, 2006). a. ‘‘Software’’ primarily useful for the and advances in medical knowledge, surreptitious interception of wire, oral, and I 18. In Supplement No. 1 to Part 774, treatment, and methods of evaluating electronic communications. visual disorders. the Commerce Control List, Category 5 b. ‘‘Software’’ primarily useful for the (Telecommunications), is amended by ‘‘development’’, ‘‘production’’, or ‘‘use’’ of DATES: These rules are effective revising the ‘‘License Requirements’’ equipment controlled by 5A980. February 20, 2007. section for Export Control Classification FOR FURTHER INFORMATION CONTACT: I 20. In Supplement No. 1 to Part 774, Number (ECCN) 5A980 to read as Michelle Hungerman, Social Insurance the Commerce Control List, Category 5 follows: Specialist, Office of Disability and (Telecommunications), is amended by Income Security Programs, Social 5A980 Devices primarily useful for the adding new Export Control surreptitious interception of wire, oral, or Security Administration, 100 Altmeyer Classification Number (ECCN) 5E980 to Building, 6401 Security Boulevard, electronic communications; and parts and read as follows: accessories therefor. Baltimore, MD 21235–6401, (410) 965– 5E980 ‘‘Technology’’ primarily useful for 2289 or TTY (410) 966–5609 for License Requirements the ‘‘development’’, ‘‘production’’, or ‘‘use’’ information about these rules. For Reason for Control: SL, AT. of equipment controlled by 5A980. information on eligibility or filing for Control(s): SL and AT apply to entire License Requirements benefits, call our national toll-free entry. A license is required for all Reason for Control: SL, AT. number, 1–800–772–1213 or TTY 1– destinations, as specified in § 742.13 of Controls: SL and AT apply to entire entry. 800–325–0778, or visit our Internet Web the EAR. Accordingly, a column specific A license is required for all destinations, as site, Social Security Online at http:// to this control does not appear on the specified in § 742.13 of the EAR. www.socialsecurity.gov.

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SUPPLEMENTARY INFORMATION: Who can get disability or blindness diameter of the visual field subtends an benefits? angle no greater than 20 degrees shall be Electronic Version Under title II of the Act, we provide considered * * * as having a central The electronic file of this document is for the payment of disability benefits, visual acuity of 20/200 or less.’’ available on the date of publication in including disability benefits based on (Sections 216(i)(1) and 1614(a)(2) of the the Federal Register at http:// blindness if you are disabled and belong Act.) We refer to the Act’s definition of www.gpoaccess.gov/fr/index.html. to one of the following three groups: blindness as ‘‘statutory blindness.’’ • Workers insured under the Act; If you are seeking benefits under title We are revising and making final the • Children of insured workers; and II, your blindness generally must meet rules we proposed for evaluating visual • Widows, widowers, and surviving the 12-month statutory duration disorders in the notice of proposed divorced spouses (see § 404.336) of requirement. However, if you are rulemaking (NPRM) published in the insured workers. seeking payments under title XVI of the Federal Register on August 17, 2005 (70 Under title XVI of the Act, we provide Act based on blindness (rather than FR 48342). We provide a summary of for Supplemental Security Income (SSI) disability, as discussed below), your the provisions of the final rules below, payments on the basis of disability or blindness need not meet the 12-month with an explanation of the changes we blindness if you are disabled or blind statutory duration requirement. Also, if have made from the text in the NPRM. and have limited income and resources. you are seeking payments under title We then provide summaries of the Is blindness treated differently under XVI of the Act based on blindness, there public comments and our reasons for title II and title XVI? is no requirement that you be unable to adopting or not adopting the do any substantial gainful activity Under title II, impairments that result recommendations in those comments in in ‘‘blindness’’ are evaluated in the (SGA). However, if you are working, we the section ‘‘Public Comments.’’ The same way as other impairments. will consider your earnings to final rule language follows the Public However, under title XVI, ‘‘blindness’’ determine if you are eligible for SSI Comments section. is considered separately from other payments. What programs do these final impairments under different eligibility How do we define disability? regulations affect? requirements. In other words, under title XVI, you may qualify for benefits If your visual disorder does not meet These final regulations affect on the basis of ‘‘blindness’’ or on the our definition of blindness, you may disability and blindness determinations basis of ‘‘disability.’’ still be eligible for disability benefits. Under both the title II and title XVI and decisions that we make under title How do we define blindness? II and title XVI of the Act. In addition, programs, disability must be the result of any medically determinable physical to the extent that Medicare entitlement For both the title II and title XVI programs, the Act defines blindness as or mental impairment or combination of and Medicaid eligibility are based on ‘‘central visual acuity of 20/200 or less impairments that is expected to result in whether you qualify for disability or in the better eye with the use of a death or which has lasted or is expected blindness benefits under title II or title correcting lens. An eye which is to last for a continuous period of at least XVI, these final regulations also affect accompanied by a limitation in the 12 months. Our definitions of disability the Medicare and Medicaid programs. fields of vision such that the widest are shown in the following table:

Disability means you have a medically If you file a claim under * * * And you are * * * determinable impairment(s) as described above that results in * * *

title II ...... an adult or a child ...... the inability to do any SGA. title XVI ...... a person age 18 or older ...... the inability to do any SGA. title XVI ...... a person under age 18 ...... marked and severe functional limitations.

There is also an additional definition you are disabled. We describe this five- basic work activities, we will find that of disability if you are seeking benefits step process in our regulations at you are not disabled. If you do, we will under title II of the Act, have attained §§ 404.1520 and 416.920. We follow the go on to step 3. age 55, and have blindness as defined in five steps in order and stop as soon as 3. Do you have an impairment(s) that section 216(i)(1) of the Act: Disability we can make a determination or meets or medically equals the severity means that the blindness has resulted in decision. The steps are: of an impairment in the listings? If you the inability to engage in SGA requiring 1. Are you working, and if so, is the do, and the impairment(s) meets the skills or abilities comparable to those of work you are doing substantial gainful duration requirement, we will find that any gainful activity in which you activity? If you are working and the you are disabled. If you do not, we will previously engaged with some regularity work you are doing is substantial go on to step 4. and over a substantial period of time. gainful activity, we will find that you 4. Do you have the residual functional (See section 223(d)(1)(B) of the Act.) are not disabled, regardless of your capacity to do your past relevant work? medical condition or your age, How do we decide whether you are If you do, we will find that you are not education, and work experience. If you disabled? disabled. If you do not, we will go on are not, we will go on to step 2. to step 5. If you are seeking benefits under title 2. Do you have a ‘‘severe’’ 5. Does your impairment(s) prevent II of the Act, or if you are an adult impairment? If you do not have an you from doing any other work that seeking payments under title XVI of the impairment or combination of exists in significant numbers in the Act, we use a five-step ‘‘sequential impairments that significantly limits national economy, considering your evaluation process’’ to decide whether your physical or mental ability to do residual functional capacity, age,

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education, and work experience? If it are not doing work that is substantial FR 18170), and final rules making does, and it meets the duration gainful activity, and you have a severe comprehensive revisions to the part B requirement, we will find that you are impairment(s) that does not meet or special senses and speech listings on disabled. If it does not, we will find that medically equal any listing, we may still March 16, 1977 (42 FR 14705). We you are not disabled. find you disabled based on other rules intend to publish separately proposed We use a different sequential in the ‘‘sequential evaluation process’’ rules that would update the criteria for evaluation process for children who described above. Likewise, we will not the other disorders included in the apply for payments based on disability decide that your disability has ended Special Senses and Speech listings. under title XVI of the Act. We describe only because your impairment(s) does that sequential evaluation process in not meet or medically equal a listing. What do we mean by ‘‘final rules’’ and § 416.924 of our regulations. If you are Also, when we conduct reviews to ‘‘prior rules’’? already receiving benefits, we also use determine whether your disability Even though these rules will not go a different sequential evaluation process continues, we will not find that your into effect until 90 days after when we decide whether your disability disability has ended because we have publication of this notice, for clarity, we continues. See §§ 404.1594, 416.994, changed a listing. Our regulations refer to the changes we are making here and 416.994a of our regulations. explain that, when we change our as the ‘‘final rules’’ and to the rules that However, all of the processes include listings, we continue to use our prior will be changed by these final rules as steps at which we consider whether listings when we review your case, if the ‘‘prior rules.’’ your impairment(s) meets or medically you had qualified for disability benefits When will we start to use these final equals one of our listings. or SSI payments based on our determination or decision that your rules? What are the listings? impairment(s) met or medically equaled We will start to use these final rules The listings are examples of the listings. In these cases, we on their effective date. We will continue impairments that we consider severe determine whether you have to use our prior rules until the effective enough to prevent you as an adult from experienced medical improvement, and date of these final rules. When the final doing any gainful activity. If you are a if so, whether the medical improvement rules become effective, we will apply child seeking SSI payments based on is related to the ability to work. If your them to new applications filed on or disability, the listings describe condition(s) has medically improved so after the effective date of these rules and impairments that we consider severe that you no longer meet or medically to claims pending before us, as we enough to result in marked and severe equal the prior listing, we evaluate your describe below. functional limitations. Although the case further to determine whether you As is our usual practice when we listings are contained only in appendix are currently disabled. We may find that make changes to our regulations, we 1 to subpart P of part 404 of our you are currently disabled depending on will apply these final rules on or after regulations, we incorporate them by the full circumstances of your case. (See their effective date whenever we make reference in the SSI program in §§ 404.1594(c)(3)(i) and a determination or decision, including § 416.925 of our regulations, and apply 416.994(b)(2)(iv)(A).) If you are a child in those claims in which we make a them to claims under both title II and who is eligible for SSI payments, we determination or decision after remand title XVI of the Act. follow a similar rule after we decide that to us from a Federal court. With respect you have experienced medical How do we use the listings? to claims in which we have made a final improvement in your condition(s). See decision and that are pending judicial The listings are in two parts. There § 416.994a(b)(2). review in Federal court, we expect that are listings for adults (part A) and for Why are we revising the listings for the court’s review of the children (part B). If you are an visual disorders? Commissioner’s final decision would be individual age 18 or over, we apply the made in accordance with the rules in We are making these revisions to listings in part A when we assess your effect at the time the final decision of update the medical criteria in the claim, and we do not use the listings in the Commissioner was issued. If a court listings for visual disorders and to part B. reverses the Commissioner’s final provide more information about how we If you are an individual under age 18, decision and remands the case for we first use the criteria in part B of the evaluate visual disorders. The listings for visual disorders, further administrative proceedings after listings. If the listings in part B do not the effective date of these final rules, we apply, and your specific disease disturbances of labyrinthine-vestibular function, hearing impairments, and loss will apply the provisions of these final process(es) has a similar effect on adults rules to the entire period at issue in the and children, we then use the criteria in of speech are contained in listings for Special Senses and Speech. In these claim in our new decision issued part A. (See §§ 404.1525 and 416.925.) pursuant to the court’s remand. If your impairment(s) does not meet final rules, we are making changes only any listing, we will also consider to the listings for visual disorders. How long will these final rules be whether it medically equals any listing; On April 24, 2002, we published final effective? that is, whether it is as medically severe rules in the Federal Register (67 FR 20018) that included technical revisions These final rules will no longer be as an impairment in the listings. (See effective 8 years after the date on which §§ 404.1526 and 416.926.) to the listings for special senses and speech disorders. Prior to this, we they become effective, unless we extend What if you do not have an published final rules that included them, or revise and issue them again. impairment(s) that meets or medically revisions to the special senses and How are we changing the introductory equals a listing? speech listings in the Federal Register text to the special senses and speech We use the listings only to decide that on December 6, 1985 (50 FR 50068). We listings for adults? you are disabled or that you are still last published final rules making disabled. We will not deny your claim comprehensive revisions to the part A 2.00 Special Senses and Speech because your impairment(s) does not special senses and speech listings in the We are removing the following meet or medically equal a listing. If you Federal Register on March 27, 1979 (44 sections of prior 2.00:

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• The last paragraph of 2.00A3, eight subsections and by providing 2.00A4—What evidence do we need to ‘‘Field of vision.’’ additional guidance as explained below. evaluate visual disorders, including • Paragraph 2.00A4, ‘‘Muscle those that result in statutory blindness function.’’ 2.00A1—What are visual disorders? under title II? • The first paragraph of 2.00A6, This section corresponds to prior We are revising the last sentence of ‘‘Special situations.’’ 2.00A1, ‘‘Causes of impairment.’’ We are prior 2.00A1 to explain what evidence The last paragraph of prior 2.00A3, making nonsubstantive editorial we need to evaluate a visual disorder. In ‘‘Field of vision,’’ explained that when changes for clarity. response to public comments, we have the visual field loss was predominantly revised proposed 2.00A4b to refer to a in the lower visual fields, a system such 2.00A2—How do we define statutory ‘‘cortical visual disorder’’ instead of as the weighted grid scale for perimetric blindness? ‘‘cortical blindness’’ and provided fields as described by B. Esterman in additional guidance on cortical visual 1968 could be used for determining This section revises prior 2.00A7, disorders and how to document them. whether the visual field loss was ‘‘Statutory blindness,’’ to include the comparable to that described in table 2 statutory definition. In response to a 2.00A5—How do we measure best- in section 2.00 of the listings. As this public comment, we have added an corrected visual acuity? kind of scale is rarely used, we no explanation that we use your best- longer need this guidance in the corrected visual acuity for distance in We are revising the guidance in the introductory text. the better eye when we determine if you second sentence of prior 2.00A2, Prior 2.00A4, ‘‘Muscle function,’’ have statutory blindness based on visual ‘‘Visual acuity,’’ by providing that, in described the type of impairment acuity loss. We also clarify that you addition to testing that uses Snellen evaluated under prior listing 2.06, have statutory blindness only if your methodology, we may also use visual ‘‘Total bilateral ophthalmoplegia.’’ visual disorder meets the criteria of 2.02 acuity measurements obtained using another testing methodology that is (Ophthalmoplegia is paralysis of the eye or 2.03A. We further clarify that you do comparable to Snellen methodology. We muscles.) As the causes of this disorder not have statutory blindness if your are now more readily detectable and also clarify what constitutes best- visual disorder medically equals the corrected visual acuity. treatable, this disorder has become criteria of 2.02 or 2.03A, or if it meets extremely rare. Therefore, we are or medically equals 2.03B, 2.03C, or In the NPRM, we proposed, in 2.00A5b(i), that we would not use the removing both the prior listing and the 2.04. If your visual disorder medically results of visual evoked response (VER) guidance in the introductory text that equals the criteria of 2.02 or 2.03A, or testing to determine best-corrected addressed this disorder. Instead, we will if it meets or medically equals 2.03B, evaluate total bilateral ophthalmoplegia visual acuity. This guidance was 2.03C, or 2.04, we will find that you questioned by several commenters who and other eye muscle disorders by have a disability if your visual disorder assessing the impact of such disorders indicated that no response to VER also meets the duration requirement. on your visual efficiency under final testing demonstrates that an individual listing 2.04, or based on your visual In the NPRM, this section was headed cannot see in that eye. We agree with functioning. ‘‘What is statutory blindness?’’ We are these commenters, and have revised The first paragraph of prior 2.00A6, changing the heading to be consistent proposed 2.00A5b(i) to indicate that if ‘‘Special situations,’’ explained how we with other headings in this section. you have an absent response to VER testing in an eye, we can use that result calculated visual acuity efficiency for 2.00A3—What evidence do we need to individuals with aphakia (the absence of to determine that your visual acuity is establish statutory blindness under title the anatomical lens of the eye). 20/200 or less in that eye. However, we XVI? Advances in technology have led to the will not use a positive response to VER testing to determine best-corrected development of effective synthetic In this new section, we explain that visual acuity. VER testing evaluates the intraocular lenses. Also, contact lenses when we make a determination or have been technically refined and may function of the visual pathways from the decision that you have statutory retina, along the optic nerve and optic be used in those instances in which the blindness under title XVI, we require anatomical lens is not replaced with a tract, to the vision cortex in the occipital evidence showing only that the lobe of the brain. While this testing can synthetic lens. Because the synthetic statutory criteria are satisfied; we do not intraocular lens or the contact lens provide an estimate of visual acuity, it need evidence to document the visual corrects both the visual acuity and the is not a direct measure of visual acuity. disorder that causes the blindness. We visual field, we compute the visual We also provide that we will not use acuity efficiency or visual field also explain that there is no duration pinhole testing to determine best- efficiency as though your eye has an requirement for statutory blindness corrected visual acuity. Pinhole testing anatomical lens. under title XVI. is used to determine whether your We are reorganizing and expanding We are adding this section because visual acuity can be improved with a the rest of the introductory text for blindness is treated differently under corrective lens. However, you may not visual disorders to provide additional title II and title XVI of the Act. Under achieve the same degree of correction guidance. The following is a detailed title II, blindness is generally evaluated with corrective lenses that you have explanation of the final introductory in the same way as other medical with pinholes. Additionally, even when text. impairments. Under title XVI, blindness pinhole testing fails to show an and disability are separate categories, improvement in your acuity, your acuity 2.00A—How do we evaluate visual may improve with corrective lenses. disorders? and the requirements for eligibility based on blindness are different from Because pinhole testing may This section corresponds to prior the requirements for eligibility based on underestimate or overestimate your 2.00A, ‘‘Disorders of Vision.’’ We are disability. visual acuity, we will not use it to clarifying the information in the prior determine your best-corrected visual section by reorganizing the material into acuity.

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In response to a public comment, we field measurements obtained with an field loss is disabling. That have also added guidance in final automated static threshold perimetry recommendation was based on the use 2.00A5b(i) explaining that we will not test performed on a perimeter that meets of a test measuring the central 30 use automated refraction acuity to our requirements. We adopted as our degrees of the visual field. determine your best-corrected visual requirements the criteria recommended In final 2.00A6a(vi), we explain that acuity. An automated refractor is a in the NRC report. We cite the we measure the extent of visual field machine that measures how light is Humphrey Field Analyzer as an loss by determining the portion of the changed as it enters the eye. It is used example of an acceptable perimeter visual field in which you can see a to provide an estimate of refractive error because the NRC report cited it, and the white III4e stimulus. This stimulus and the prescription for glasses. This Humphrey Field Analyzer is the most specification is the same as the estimate gives the clinician a place to widely used automated perimeter in the specification in the second paragraph of start in determining the best-corrected United States to perform this type of prior 2.00A3. visual acuity; it is not a direct measure test. In final 2.00A6a(vii), we explain that of visual acuity. The NRC report also cited the we need to determine the decibel (dB) In response to another public Octopus perimeter as another example level that corresponds to a 4e intensity comment, we have added guidance in of an automated perimeter that meets for the particular perimeter being used. final 2.00A5b(ii) to explain that best- the criteria set out in its We further explain that we will then use corrected visual acuity for distance is recommendations. We have not the dB printout to determine which your best acuity at 20 feet, and to included the Octopus perimeter as an points would be seen at the 4e intensity explain how we use visual acuity example of an acceptable perimeter in level. We also give an example that measurements obtained for other final 2.00A6a(ii), because it is not our explains that, for tests performed on distances. intention to list in these rules every Humphrey Field Analyzers, any point acceptable automated perimeter and the 2.00A6—How do we measure visual seen at 10 dB or higher is a point that Octopus perimeter is not widely used in fields? would be seen with a 4e stimulus. the United States. However, we will In final 2.00A6a(viii), we explain that This section replaces prior 2.00A3, accept findings from the Octopus we can also use visual field ‘‘Field of vision.’’ Prior 2.00A3 perimeter or any other automated measurements obtained using kinetic indicated that we would use ‘‘usual perimeter that satisfies the requirements perimetry, such as the Humphrey ‘‘SSA perimetric methods’’ or other of final 2.00A6a(ii). ‘‘comparable perimetric devices’’ to In final 2.00A6a(iii), we describe the Test Kinetic’’ (a kind of automated measure the size of the visual field. The requirements of an acceptable kinetic perimetry) or Goldmann Goldmann perimeter was cited as a automated static threshold perimetry perimetry (a kind of manual kinetic comparable perimetric device. test. perimetry). In response to a public The National Research Council (NRC), In final 2.00A6a(iv), we explain that comment, we have clarified this section in its 2002 report, Visual Impairments: we need a test that measures the central to make it clear that this type of testing Determining Eligibility for Social 24 to 30 degrees of the visual field to may be used instead of automated static Security Benefits (hereinafter, the ‘‘NRC determine statutory blindness. We also threshold perimetry. report’’), recommended that ‘‘the provide examples of acceptable tests. In We contracted with West Virginia current SSA standard [for assessing response to a public comment, we have University to conduct research to visual field loss] should be revised so added a reference to final listing 2.03A determine whether the Humphrey ‘‘SSA that disability determinations are based in this section. Test Kinetic’’ is comparable to on the results of automated static In proposed 2.00A6a(v), we indicated Goldmann perimetry. This research, projection perimetry rather than that to determine if the criterion in which was completed in April 2000, Goldmann (kinetic, nonautomated) listing 2.03B is met, we need a test showed that the Humphrey ‘‘SSA Test visual fields.’’ (Citations for the NRC performed on a Humphrey Field Kinetic’’ is comparable to Goldmann report and other sources cited in this Analyzer that measures the central 30 perimetry, except that the Humphrey preamble are available in the NPRM (70 degrees of the visual field. We also ‘‘SSA Test Kinetic’’ does not identify FR at 48348).) These final rules partially indicated that we could use comparable scotomata, that is, non-seeing areas in adopt this recommendation by results from other acceptable the visual field surrounded by seeing providing that we will use visual field perimeters. In response to a comment areas. Therefore, in the NPRM, we measurements obtained with an that these two statements were proposed that if we needed additional automated static threshold perimetry inconsistent with each other, we have information because your visual test performed on a perimeter that meets clarified this section to explain that disorder had progressed to the point our requirements. However, we have while the criterion in final listing 2.03B where it was likely to result in a decided that we will also continue to is based on using a test performed on a significant limitation in the central use visual field measurements obtained Humphrey Field Analyzer that measures visual field, such as a scotoma, we with Goldmann or other kinetic the central 30 degrees of the visual field, would supplement the automated perimetry as these measurements are we can also use comparable results from kinetic perimetry with the results of a comparable to those obtained with other acceptable perimeters. We also Humphrey 30–2 or comparable test. automated static threshold perimetry. provide an example of a comparable There were public comments In final 2.00A6a(i), we explain when result. Additionally, we explain that we questioning this guidance. In response we need visual field testing. In response cannot use tests that do not measure the to those comments, we have clarified to a public comment, we have deleted central 30 degrees of the visual field, this section to state that we will not use macular edema as an example of a such as the Humphrey 24–2 test, to the results of automated kinetic testing visual disorder that could cause visual determine if your impairment meets or to assess your visual field loss in this field loss. medically equals final listing 2.03B. The situation. Instead, we will assess your In final 2.00A6a(ii), we explain that, criterion we use in final listing 2.03B visual field loss with automated static when we need to measure the extent of adopts the recommendation in the NRC threshold perimetry or with manual your visual field loss, we will use visual report for determining that your visual kinetic perimetry.

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In final 2.00A6a(ix), we explain that 2.00A8a—Statutory blindness visual field, we will subtract the length we will not use the results of visual In this section, we codify a of any scotoma, other than the normal field screening tests, such as longstanding procedure. The most blind spot, from the overall length of confrontation tests, tangent screen tests, commonly used visual acuity test charts any diameter on which it falls. or automated static screening tests, to are charts based on Snellen 2.00C—How do we evaluate determine that your impairment meets methodology. These charts usually do impairments that do not meet one of the or medically equals a listing or to not have lines that measure visual special senses and speech listings? evaluate your residual functional acuity between 20/100 and 20/200. We are revising the guidance in the capacity. We also explain that we can Therefore, if you are unable to read any consider normal results from visual second paragraph of prior 2.00A6 by of the letters on the 20/100 line on a test stating our basic adjudicative principle field screening tests to determine chart based on Snellen methodology, whether your visual disorder is severe that if the impairment(s) does not meet your visual acuity will be assessed as or medically equal the criteria of a when these results are consistent with 20/200 or less. the other evidence in your case record. listing in this body system, we must There are newer test charts (not yet consider whether it meets or medically We also list some circumstances under widely used, but comparable to charts which we will not consider normal test equals the criteria of a listing in another based on Snellen methodology) that do body system. If not, we must continue results to be consistent with the other have lines to measure visual acuity evidence in the file. the sequential evaluation process (see between 20/100 and 20/200. Based on §§ 404.1520 and 416.920) to determine Consistent with our removal of the medical literature, we know that if your whether you are disabled or continue to guidance on aphakia, we are removing visual acuity is between 20/100 and be disabled (see §§ 404.1594, 416.994 the stimulus specifications used to test 20/200 as measured on those newer test and 416.994a). This new section applies individuals with aphakia contained in charts, it would be 20/200 if it were to all the impairments in this body the first two paragraphs of prior 2.00A3. measured using the more common chart system, not just visual disorders. In final 2.00A6b, we revise the based on Snellen methodology. We guidance in the first paragraph of prior explain in this section that if your visual How are we changing the criteria in the 2.00A3 on the use of corrective lenses acuity is measured using one of these special senses and speech listings for during visual field testing. We explain newer charts and you cannot read any adults? that eyeglasses must not be worn during of the letters on the 20/100 line, we will 2.01 Category of Impairments, Special the visual field examination because determine that you have statutory Senses and Speech they limit your field of vision, but blindness based on a visual acuity of We are removing the reservation for contact lenses or perimetric lenses may 20/200 or less. We also provide that, be used in order to obtain the most listing 2.05 because it is no longer regardless of the type of test chart used, needed. We are also removing prior accurate visual field measurements. We you do not have statutory blindness if also provide that, for this single listing 2.06, ‘‘Total bilateral you can read at least one letter on the ophthalmoplegia,’’ for the reasons cited purpose, you do not need to 20/100 line. In response to a public demonstrate that you have the ability to in ‘‘2.00 Special Senses and Speech’’ comment, we have added examples of above. use the contact or perimetric lenses on how we evaluate visual acuity a sustained basis. measurements between 20/100 and Listing 2.02—Loss of visual acuity 2.00A7—How do we calculate visual 20/200. This final listing corresponds to prior efficiency? 2.00A8b—Blepharospasm listing 2.02, ‘‘Impairment of visual acuity.’’ We are changing the heading to In this section, we expand the In the NPRM, we described the be consistent with other language in guidance in prior 2.00A5, ‘‘Visual disorder and explained that we must these final rules. efficiency,’’ by explaining how we consider how the involuntary blinking calculate visual acuity efficiency, visual that characterizes it can affect your Listing 2.03—Contraction of the visual field efficiency, and visual efficiency. ability to maintain the measured visual field in the better eye The guidance in 2.00A7b is based on the acuities and visual fields over time. In This final listing corresponds to prior first sentence of paragraph 2 of the response to a public comment, we have listing 2.03, ‘‘Contraction of peripheral explanatory text following Table 2 in revised this section to refer to your visual fields in the better eye.’’ We are the prior rules. We are deleting that ability to maintain visual functioning removing prior listing 2.03A, which sentence from the explanation of Table over time instead of your ability to provided that an individual’s visual 2 because we are moving it here. The maintain the measured visual acuities field loss was of listing-level severity guidance in 2.00A7c is based on prior and visual fields over time. Also, as we when the field was contracted to 10 2.00A5 and the parenthetical statement reviewed this section to respond to the degrees or less from the point of at the end of prior listing 2.04, which public comment, we realized that fixation. Prior listing 2.03B provided we are deleting because it is redundant. ‘‘closure of the eyelids’’ is a better that an individual’s visual field loss was In response to a public comment, we are descriptor of how the disease manifests of listing-level severity if that loss also adding an example to 2.00A7c to than ‘‘eye blinking,’’ and have made this resulted in the widest diameter of the illustrate how visual efficiency is nonsubstantive change to more clearly field subtending an angle no greater calculated. describe the disorder. We have also than 20 degrees. Any visual field loss 2.00A8—How do we evaluate specific made other nonsubstantive editorial that satisfied the criterion in prior visual problems? changes for clarity. listing 2.03A also satisfied the criterion in prior listing 2.03B. Therefore, prior 2.00A8c—Scotoma This section replaces prior 2.00A6, listing 2.03A was unnecessary. ‘‘Special situations.’’ In this section, we We define the term ‘‘scotoma’’ as a We are redesignating prior listing are adding guidance for evaluating non-seeing area in the visual field 2.03B as final listing 2.03A. In response specific visual problems. The following surrounded by a seeing area. We also to a public comment, we have added the is a discussion of the section. explain that when we measure your phrase ‘‘around the point of fixation’’ to

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make it clear that when we measure the disorders in adults also apply to In final 102.00A5a, we discuss widest diameter, the diameter must go children. Because we have already comparable visual acuity testing for through the point of fixation. described these provisions under the children who are unable to participate The NRC report contained a explanation of final 2.00A, the following in testing using Snellen methodology, recommendation that a mean deviation discussions describe only those for example, because they are too young, (MD) of ¥22 or worse on an automated provisions that are unique to the and add guidance for how we evaluate static threshold perimetry test childhood rules or that require further children who are unable to participate measuring the central 30 degrees of the explanation specific to evaluating in testing using Snellen methodology or visual field ‘‘would serve as a disability in children. other comparable testing. In response to reasonable criterion for disability We are removing the second a public comment, we have revised determination.’’ We agree with the NRC paragraph of prior 102.00A, ‘‘Visual proposed 102.00A5b by adding and are adding this criterion as final impairments in children.’’ This examples of abnormal anatomical listing 2.03B. paragraph indicated that the findings and abnormal neuroimaging of Final listing 2.03C corresponds to accommodative reflex is generally not the cerebral cortex that would indicate prior listing 2.03C. We are clarifying the present in children under 6 months of a visual acuity of 20/200 or less. criterion by indicating that a age (or, for a premature child, until 6 determination of visual field efficiency 102.00A6—How do we measure visual months of age plus the number of fields? must be based on kinetic perimetry. months the child is premature). It also In this final section, we repeat the Listing 2.04—Loss of visual efficiency provided that the absence of this reflex should be considered indicative of a guidance in final 2.00A6 but in This final listing corresponds to prior visual impairment only in children 102.00A6a(ix) refer to the way we listing 2.04, ‘‘Loss of visual efficiency.’’ above this age. We included this evaluate disability in children. As already explained, we are removing guidance in the prior rules to explain the parenthetical statement at the end of 102.00C—How do we evaluate that it was not appropriate to use the the prior listing because it was impairments that do not meet one of the criterion in prior listing 102.02B1 until redundant of information in proposed special senses and speech listings? the child reached the required age. 2.00A7c. However, we are adding a In this section, we repeat the guidance However, in these final listings, we reference to that section of the final in final 2.00C, but include the definition incorporated prior listing 102.02B1 into introductory text as a reminder of where of disability for children who are filing the more general category of abnormal this guidance is contained. for or are receiving SSI payments. anatomical findings evaluated under Table 1—Percentage of Visual Acuity final listing 102.02B2. As the lack of the How are we proposing to change the Efficiency Corresponding to the Best- accommodative reflex is not considered criteria in the special senses and speech Corrected Visual Acuity Measurement an abnormal anatomical finding in very listings for children? for Distance in the Better Eye young children, its absence would not 102.01 Category of Impairments, To be consistent with our removal of satisfy the final listing criterion. Special Senses and Speech the introductory text on aphakia, we are Therefore, we no longer need this We are adding new listings 102.03, removing the columns and guidance explanation. ‘‘Contraction of the visual field in the addressing aphakia from prior Table 1. 102.00A1—What are visual disorders? better eye,’’ and 102.04, ‘‘Loss of visual We are also removing the entries for efficiency,’’ because they apply to visual acuities worse than 20/100 for the In this section, we expand the guidance provided for adults in final children as well as adults. Due to the reasons we gave under the explanation addition of these listings, we are also of final 2.00A8a. In response to a public 2.00A1 to indicate that in addition to limiting your ability to distinguish adding Table 1, ‘‘Percentage of Visual comment, we are removing the entries Acuity Efficiency Corresponding to the for visual acuities of 20/32 and 20/64 detail, read, and do fine work, a loss of visual acuity may affect your ability to Best-Corrected Visual Acuity and adding entries for visual acuities of Measurements for Distance in the Better 20/30, 20/60, and 20/70. perform other age-appropriate activities. We added this supplemental guidance Eye,’’ and Table 2, ‘‘Charts of Visual Table 2—Charts of Visual Fields to reflect the way we evaluate disability Fields.’’ We are removing the first sentence of claims of children. These new listings and tables are prior paragraph 2 in the explanation of identical to the corresponding adult 102.00A2—How do we define statutory listings and tables. Previously, we used how to use Table 2. That sentence blindness? provided instructions for calculating the prior listings 2.03 and 2.04 (and their percent of visual field efficiency, and In this section, we repeat the guidance corresponding tables) to evaluate we moved it to final 2.00A7b. We are in final 2.00A2, but refer to the children with visual field and visual also making nonsubstantive editorial childhood listings that show statutory efficiency impairments. With final changes for clarity. blindness. listings 102.03 and 102.04 we will no longer need to refer to the listings in How are we changing the introductory 102.00A4—What evidence do we need part A when we evaluate these text to the special senses and speech to evaluate visual disorders, including impairments in children. listings for children? those that result in statutory blindness We are also making nonsubstantive under title II? editorial changes to the heading of this 102.00 Special Senses and Speech In this section, which is the same as section to be consistent with the Except for minor editorial changes, final 2.00A4, we replace and expand the heading of 2.01. we have repeated much of the third paragraph of prior 102.00A. introductory text of final 2.00A in the Listing 102.02—Loss of visual acuity introductory text to final 102.00A. This 102.00A5—How do we measure best- This final listing corresponds to prior is because the same basic rules for corrected visual acuity? listing 102.02, ‘‘Impairments of visual establishing and evaluating the In this section, we revise the guidance acuity.’’ We are not making any changes existence and severity of visual in the first paragraph of prior 102.00A. to prior listing 102.02A.

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We used prior listing 102.02B to considered all of the comments. Because when we determine whether the evaluate loss of visual acuity in children some of the comments were long, we statutory definition of blindness based below 3 years of age at the time of have condensed, summarized, and on visual acuity is met, we use the best- adjudication. We are removing the age paraphrased them. We believe we have corrected visual acuity for distance in criterion and instead will use final presented the commenters’ views the better eye. listing 102.02B to evaluate loss of visual accurately, and have responded to all of Comment: One commenter suggested acuity in any child who is unable to the significant issues raised by the that we expand the definition of participate in testing using Snellen commenters that were within the scope statutory blindness to include the methodology or other comparable visual of these rules. criteria in proposed listings 2.03B and C acuity testing and who has clinical and proposed listing 2.04. The Statutory Blindness findings that fixation and visual- commenter indicated that we can following behavior are absent in the Comment: Two commenters suggested interpret the statute, and that the better eye. that we use the term ‘‘blindness’’ in the suggestion would be a reasonable The criteria in prior listing 102.02B listings only to describe total vision loss interpretation. were all examples of abnormal or near-total vision loss; that is, Response: We did not adopt this anatomical findings observable during a situations in which the individual must comment. Although we agree that we clinical eye examination. When present rely primarily on vision substitution have the authority to interpret the in the better eye, these abnormal skills. They indicated that it is more statute when necessary, the definition of anatomical findings would be expected appropriate to use the ranges of ‘‘mild,’’ blindness in the Act is clear and to result in the absence of fixation and ‘‘moderate,’’ ‘‘severe,’’ and ‘‘profound’’ explicit, and there is nothing in the visual-following behavior, and would vision loss as defined in the American legislative history to suggest that indicate a visual acuity of 20/200 or Medical Association’s Guides to the Congress intended us to apply any less. Rather than list each type of Evaluation of Permanent Impairment, standard other than the definitions in abnormal anatomical finding, we Fifth Edition (hereinafter, the ‘‘AMA the statute, which are reflected in final combined the prior criteria into a Guides’’) for those individuals who have listings 2.02 and 2.03A. (S. Rep. No. 90– general category of abnormal anatomical residual vision; that is, those that can 744, at 7, 46–47 (1967), as reprinted in findings in final listing 102.02B1. We still benefit from vision enhancement 1967 U.S.C.C.A.N. 2834, 2842, 2886– used the phrase ‘‘a visual acuity of 20/ aids. As defined in the AMA Guides, the 2887.) 200 or worse’’ in proposed listing term ‘‘severe vision loss’’ reflects the Comment: We received several 102.02B1. We have revised this phrase statutory standard. comments on our method for evaluating in final listing 102.02B1 to read ‘‘a Response: We were not able to adopt visual acuity measurements between 20/ visual acuity of 20/200 or less’’ to be this comment because we must follow 100 and 20/200 (proposed 2.00A8a and consistent with the statutory language the language of the Act. The definition 102.00A8a). One commenter said that that defines blindness. of ‘‘blindness’’ in sections 216(i)(1) and finding statutory blindness based on a Final listings 102.02B2, 102.02B3, and 1614(a)(2) of the Act is: visual acuity of 20/200 is a more liberal 102.02B4 add criteria for impairments [C]entral visual acuity of 20/200 or less in the standard than that used in any other that generally are not observable during better eye with the use of a correcting lens. country, and that our proposal to treat a clinical eye examination, but are An eye which is accompanied by a limitation visual acuity measurements between 20/ diagnosed based on abnormal in the fields of vision such that the widest 100 and 20/200 as visual acuity of 20/ neuroimaging, an abnormal diameter of the visual field subtends an angle 200 would move us even further out of electroretinogram, or an absent response no greater than 20 degrees shall be the global mainstream. This commenter to VER testing. We did not propose the considered * * * as having a central visual stated we should instead use visual acuity of 20/200 or less. criterion in final listing 102.02B4, an acuity that is worse than 20/160 as our absent response to VER testing in the Comment: One commenter noted that standard, and indicated that when the better eye, in the NPRM. This criterion the definition of blindness in proposed clinician does not use a chart containing was added in response to a public 2.00A2 and 102.00A2 contained the visual acuity measurements between 20/ comment. phrase ‘‘with the use of a correcting 100 and 20/200, the clinician should lens.’’ The commenter believed that this measure best-corrected visual acuity Public Comments language can be taken to mean that any from a distance of 10 feet instead of the In the NPRM we published in the corrective lens will fulfill the usual 20 feet. Other commenters, Federal Register on August 17, 2005 (70 requirement and recommended that the including the American Optometric FR 48342), we provided the public with language be changed to read ‘‘visual Association, indicated that our a 60-day comment period that ended on acuity of 20/200 or less in the better eye approach to interpreting visual acuity October 17, 2005. In addition to our with the use of best possible corrective measurements between 20/100 and 20/ notice to the public, we invited lens.’’ 200 is sensible because it does not comments from national medical Response: We partially adopted this adversely affect people who had organizations and professionals who comment. We have not deleted the previously been classified as disabled. have expertise in the evaluation of phrase ‘‘with the use of a correcting Another commenter wondered whether visual disorders. As part of our outreach lens’’ from the definition of blindness in an individual who can see only one efforts, we also invited comments from final 2.00A2 and 102.00A2 as those letter on the 20/100 line of a visual advocacy groups and legal services sections reflect the statutory definition acuity chart has functionally better organizations. of blindness and the phrase is part of vision than someone with best-corrected We received comments from 13 the statutory language. However, we visual acuity of 20/200. However, this commenters. The commenters included have added a reference to sections commenter did acknowledge that a line advocacy groups, legal services 216(i)(1) and 1614(a)(2) of the Act in must be drawn somewhere. organizations, State agencies that make final sections 2.00A2 and 102.00A2 of Response: We did not adopt the disability determinations for us, medical the rules to make it clearer that we are recommendations to change our policy organizations, ophthalmologists, and providing the statutory definition. We on evaluating visual acuity other individuals. We carefully also added guidance indicating that measurements between 20/100 and 20/

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200. As we indicated in our explanation definition of statutory blindness by eligibility requirements are statutory of proposed 2.00A8a in the NPRM (70 providing that individuals who have and cannot be changed, we should FR at 48346) and in our explanation of visual acuity between 20/100 and 20/ apply them when we determine whether final 2.00A8a earlier in this preamble, 200 would meet the definition of individuals are disabled based on the most commonly used visual acuity statutory blindness, indicated that it blindness under title II. Another test charts are based on Snellen was not obvious that the changes we commenter indicated that having methodology and usually do not have proposed would have no cost. The different eligibility criteria could be lines that measure visual acuity between commenter recommended that we do a confusing to our adjudicators. 20/100 and 20/200. While there are field study to ascertain the fiscal impact Response: As we indicated in our newer test charts that do provide such of the proposed rules. explanation of proposed 2.00A3 in the measurements, such as the Early Response: As we indicated in our NPRM (70 FR at 48345) and in our Treatment Diabetic Retinopathy Study explanation of proposed 2.00A8a in the explanation of final 2.00A3 earlier in (ETDRS) chart, these charts are not NPRM (70 FR at 48346) and in our this preamble, these rules are required widely used in clinical practice. Also, explanation of final 2.00A8a earlier in by the Act. ‘‘Blindness’’ and ‘‘disability’’ we know that if an individual’s visual this preamble, we are codifying in our are separate categories under title XVI, acuity is between 20/100 and 20/200 as regulations our longstanding procedure whereas under title II blindness is measured on those newer charts, it for evaluating visual acuity considered a type of ‘‘disability.’’ The would be 20/200 if measured using the measurements between 20/100 and 20/ statutory requirements for eligibility most commonly used charts. Rather 200. We have used this procedure since based on blindness under title XVI are than evaluating the severity of a visual 1991. Therefore, the proposed rules did different from the statutory disorder based on the different types of not, and these final rules do not, change requirements for eligibility based on charts used to test an individual’s visual how we evaluate such clinical findings. disability under title II and title XVI. As acuity, we have determined that it is We do not expect there will be any a matter of law, we cannot apply the more appropriate to assess visual acuity impact on program or administrative title XVI eligibility requirements for for all individuals using the same costs, and we do not agree that a field statutory blindness to title II claims for methodology—the one incorporated in study is needed. disability. the most commonly used test charts and Comment: One commenter indicated We do not believe that our the one contemplated in the statutory that our policy on evaluating visual adjudicators will be confused by the definition of blindness. acuity measurements between 20/100 different eligibility criteria in these final Moreover, we do not agree that and 20/200 needed to be more clearly rules because we have been following requiring testing at 10 feet, instead of 20 discussed and suggested that we add these different rules for adjudicating feet, is a feasible alternative. The testing examples. blindness under title II and title XVI of visual acuity requires a specific Response: We partially adopted this since the SSI program began in 1974. optics setup in the clinician’s office, and comment by adding examples in final Therefore, our adjudicators have long in most offices the optics setup is 2.00A8a and 102.00A8a to illustrate been aware of these differences. designed to obtain visual acuity how we use visual acuity measurements measurements at a 20-foot working between 20/100 and 20/200 to Visual Acuity distance; that is, even when the testing determine whether an individual has Comment: One commenter noted that lane is not 20 feet long, the optics setup statutory blindness. there are some visual acuity tests used is designed to give results comparable to Comment: Several commenters in low vision clinics that use a testing those obtained at 20 feet. We believe questioned the differences between the distance of 10 feet. The commenter that requiring best-corrected visual eligibility requirements for benefits suggested that the regulation explain acuity measurements at a 10-foot based on blindness under title XVI and how to interpret these results. working distance would greatly restrict benefits based on disability under title Response: In response to this our ability to use evidence provided by II and title XVI. One commenter noted comment, we expanded our guidance in the individual’s treating source(s) that individuals age 18 or older have to proposed 2.00A5b(ii) and 102.00A5b(ii) because we do not believe that show an inability to do substantial to address this issue. clinicians would reconfigure the optics gainful activity (SGA) to receive Comment: One commenter suggested in their offices to obtain measurements disability benefits, but that the inability that we revise proposed 2.00A5b(i) and that are not widely used in the medical to do SGA is not required for benefits 102.00A5b(i) to add ‘‘automated community. based on blindness under title XVI. refraction acuity’’ as an example of a Also, we do not believe we should Three commenters noted that it is not type of visual acuity testing that cannot expand the standards for statutory necessary to establish the cause of the be used to determine best-corrected blindness to encompass individuals blindness in order to receive benefits visual acuity. who can read some, but not all, of the based on blindness under title XVI, but Response: We adopted this comment. letters on the 20/100 line of the visual it is necessary to establish the cause of Comment: Two commenters noted acuity chart. Such a standard would be any visual loss in order to receive that while proposed 2.00A5b(i) and more lenient than the 20/200 definition disability benefits under either title XVI 102.00A5b(i) clarified that VER testing for blindness contained in the Act, even or title II, including disability benefits cannot be used to measure best- when measured on more commonly based on blindness under title II. One of corrected visual acuity, the proposed used visual acuity test charts. As we these commenters indicated that these rules did not describe how VER testing indicated above, there is nothing in the differences, as well as the fact that there should be used. The commenters language of the statute or the legislative is no duration requirement for benefits indicated that VER testing can be useful history to suggest that Congress based on blindness under title XVI in many situations, such as ascertaining intended that we apply any standard while there is such a requirement under whether a non-verbal individual is able other than the strict definitions in the title II, penalize individuals who receive to see, diagnosing cortical visual statute. title II disability benefits based on disorders, and evaluating cases in which Comment: One commenter, who blindness. This commenter also malingering is suspected. One believed that we were expanding our recommended that if the title XVI commenter asked how we evaluate

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cases of young children in which Response: A child has statutory acuity testing, we will assess his or her neuroimaging results are not obtainable, blindness based on visual acuity loss if ability with the better eye to fixate and but in which the treating source has his or her visual acuity is 20/200 or less visually follow. If fixation and visual diagnosed a cortical visual disorder, in the better eye with the use of a following are absent, we will look at there is an absent response to VER correcting lens. For children who can anatomical findings, or the results of testing, and fixation and following participate in visual acuity testing, we neuroimaging, electroretinography, or behavior are absent. determine whether the child has VER testing, if any of these have been Response: We agree with the statutory blindness by assessing the done, to determine if they are consistent commenters that when there is an child’s best-corrected visual acuity for with a finding of visual acuity of 20/200 absent response to VER testing in an distance in the better eye. or less. If they are not consistent with eye, we can use that result to determine However, not all children can such a finding, we will evaluate the that the visual acuity is 20/200 or less participate in visual acuity testing. For visual disorder to determine whether in that eye, and we are adding this these children, we developed alternative there is medical or functional guidance to proposed 2.00A5b and criteria in final listing 102.02B for equivalence. 102.00A5b. We are also revising determining if their visual acuity loss Comment: Two commenters indicated proposed 2.00A4b and 102.00A4b to has resulted in statutory blindness. One we should expand the introductory text indicate that we will request a copy of of the requirements of that listing is that to provide examples of abnormal VER testing results if this testing was the visual disorder results in the anatomical findings that would indicate performed to help diagnose a cortical absence of fixation and visual-following a visual acuity of 20/200 or worse in the visual disorder. Lastly, we are adding an behavior. The listing contemplates that better eye. One commenter indicated the absent response to VER testing as a this behavior will be assessed at short examples could include bilateral optic criterion in final listing 102.02B. distances; that is, within a few feet, atrophy, bilateral optic pallor with We also agree that VER testing has because that is how this behavior is specific cup-to-disc size detailed, other uses in clinical practice. However, assessed in clinical practice. If a child findings of bilateral congenital cataracts, VER testing is one tool among many that can use the better eye to fixate and or presence of Stage III or worse clinicians use to assess the degree of visually follow at short distances, his or retinopathy of prematurity despite visual loss, and it is beyond the scope her impairment does not meet the surgical intervention. One of the of these listings to explain how tools listing. We will then evaluate the visual commenters also asked for examples of such as VER testing are used by disorder to determine if it medically abnormal neuroimaging of the cerebral clinicians in making their assessments. equals a listing or functionally equals cortex that would indicate a visual Comment: One commenter noted that the listings. acuity of 20/200 or worse in the better proposed 2.05A and 102.05A provided Comment: One commenter noted that eye. that we will use visual acuity testing proposed listing 102.02B required Response: In response to these that was carried out using Snellen clinical findings that fixation and comments we added final methodology or any other testing visual-following behavior be absent in 102.00A5b(iii) to provide examples of methodology that is comparable to the better eye and indicated that the abnormal anatomical findings and Snellen methodology. The commenter phrase ‘‘in the better eye’’ is abnormal neuroimaging documenting indicated that there is no generally unnecessary. The commenter remarked damage to the cerebral cortex that agreed on definition of Snellen that if the better eye cannot fix and would indicate best-corrected visual methodology, and suggested we use follow, the lesser eye certainly cannot. acuity of 20/200 or less. We did not ‘‘letter chart testing’’ instead of ‘‘Snellen Response: We did not delete the include bilateral optic pallor with methodology.’’ phrase ‘‘in the better eye’’ from final specific cup-to-disc size detailed or Response: We did not adopt the listing 102.02B because we believe it is findings of bilateral congenital cataracts comment. The term ‘‘Snellen necessary to the meaning of the rule. If as examples of abnormal anatomical methodology’’ is well recognized by the we did not have it, the listing could be findings that would indicate a visual medical community as meaning a chart met if a child could not fixate and acuity of 20/200 or less in the better eye on which there is one large letter for 20/ visually follow in the lesser eye but because we do not believe that these 200 and below it rows of letters in could in the better eye. findings are always indicative of that progressively smaller sizes that reflect Comment: One commenter noted that level of visual acuity loss. the distance at which a normal eye proposed 102.00A5b(i) provided that Visual Fields would be able to see the letters in that visual acuity measurements obtained row. with a specialized lens can be used only Comment: One commenter objected to if the child has demonstrated the ability several of our requirements for Measuring Visual Acuity in Children to use the lens on a sustained basis. It acceptable perimeters in proposed Comment: One commenter noted that also provided that telescopic lenses 2.00A6a(ii) and 102.00A6a(ii) which can proposed listing 102.02A requires best- cannot be used because they be used to perform automated static corrected visual acuity at distance. The significantly reduce the visual fields. threshold testing. The commenter commenter also noted that paragraph The commenter wanted to know how believed that the requirements seemed 102.00A5a(iii) provides that if a child is visual acuity is assessed if the child is to be dictated more by a desire to unable to participate in visual acuity too young to wear specialized lenses on promote the Humphrey Field Analyzer testing, fixation and following behavior a sustained basis and telescopic lenses than by the requirements of disability will be considered. The commenter cannot be used. evaluation. The commenter stated that indicated that some children retain the Response: If the child can participate our requirements that the perimeter ability to fix and follow at short in visual acuity testing, his or her visual have an internal normative database, a distances, such as three feet, but not at acuity will be assessed through statistical analysis package, and far distances. The commenter asked refraction, and we will use the best- demonstrate the ability to correctly how we assess visual acuity for these corrected visual acuity for distance that detect visual field loss and correctly individuals if neuroimaging is not the child will have with regular glasses. identify normal visual fields were available. If the child cannot participate in visual unnecessary. The commenter also

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indicated that these requirements would comments, we added a reference to final 2.00A6a(v) and 102.00A6a(v) to indicate not permit the use of Goldmann listing 2.03A in final 2.00A6a(iv) and a that, while the criterion in final listings perimeters. reference to final listing 102.03A in final 2.03B and102.03B is based on the use of Response: As we indicated in our 102.00A6a(iv). a test performed on a Humphrey Field explanation of proposed 2.00A6a in the We did not adopt the comment to Analyzer, we can also use comparable NPRM (70 FR at 48345) and in our require a 30-degree test to determine if results from other acceptable explanation of final 2.00A6a earlier in an individual has statutory blindness perimeters. this preamble, we adopted the criteria based on visual field loss. If a 24-degree Comment: One commenter noted that recommended in the NRC report as our test shows this degree of limitation, we our explanation of proposed 2.00A6 requirements for perimeters used to believe it is not necessary to obtain a 30- indicated that the NRC report perform automated static threshold degree test. recommended that disability perimetry. We agree with the NRC that Comment: One commenter questioned determinations be based on visual fields all the criteria should be satisfied. the NRC’s recommendations for visual obtained by automated static threshold In final 2.00A6a(ii) and 102.00A6a(ii) field testing. The commenter believed perimeters rather than by kinetic we cite the Humphrey Field Analyzer as that, while visual field tests that perimeters. The commenter noted that an example of an acceptable perimeter. measure the central 30 degrees of the while automated static threshold We cite only the Humphrey Field visual field are valuable for diagnostic perimetry can be used to determine if Analyzer because it is not our intention purposes, the NRC report failed to the visual disorder meets listing 2.03B, to list in these rules every acceptable provide evidence that they would also it cannot be used to determine the automated perimeter, and the be appropriate for disability evaluation; percentage of residual field efficiency. Humphrey Field Analyzer is the most that is, for determining the Two commenters believed that the fact widely used automated perimeter in the consequences of a visual disorder. The that determinations under proposed United States. commenter indicated that evaluation of listing 2.03C required kinetic testing Goldmann perimeters are manual reading and mobility would be better contradicted the statement that either kinetic perimeters. The requirements measures of visual disability. The automated static threshold testing or listed in final 2.00A6a(ii) and commenter also suggested that instead kinetic testing could be used. One of 102.00A6a(ii) are for perimeters used to of adopting the NRC recommendation, these commenters believed that the perform automated static threshold we should evaluate visual field loss regulations could be interpreted as testing; therefore, they are not using the method described in the AMA requiring both automated static applicable to Goldmann perimeters. Guides, Fifth Edition. threshold testing and kinetic testing, However, as we indicated in our Response: We did not adopt the and that such a requirement would explanation of 2.00A6a in the NPRM (70 comment. The NRC report increase costs for SSA. FR at 48345) and in our explanation of recommended that we use a mean Response: As we indicated in our final 2.00A6a earlier in this preamble, deviation of ¥22, determined by an explanation of proposed 2.00A6 in the we will continue to use visual field automated static threshold perimetry NPRM (70 FR at 48345) and in our measurements obtained with kinetic test of the central 30 degrees of the explanation of final 2.00A6 earlier in perimetry such as Goldmann perimetry. visual field, as an indicator of disability. this preamble, we partially adopted the Comment: Several commenters noted The NRC explained that this mean NRC recommendation. We will use that proposed 2.00A6a(iv) and deviation corresponds to an individual results of automated static threshold 102.00A6a(iv) appeared to conflict with having normal vision within the central perimetry to determine the degree of proposed 2.00A6a(v) and 102.00A6a(v) 10-degree radius of the visual field and visual field loss, but we will also and requested that we clarify this no vision outside this radius. The NRC continue to use comparable visual field guidance. One commenter indicated indicated, and we agree, that this mean measurements obtained with kinetic that we should require a 30-degree test deviation represents extensive visual perimetry. Because we allow for for all situations. Another suggested that field loss, and we believe that this different types of testing, final listings we add a reference to listing 2.03A in degree of visual field loss is of listing- 2.03 and 102.03 provide criteria that can proposed 2.00A6a(iv). level severity. be used with the different types of test Response: We clarified the rules in The NRC also looked at using reading results. As the results of these tests are response to the comments. Proposed and mobility as indicators of visual comparable, only one type of testing is 2.00A6a(iv) and 102.00A6a(iv) disability and found that use of these needed. Therefore, in response to the described the automated static threshold measures was not viable. Additionally, second comment, we clarified proposed testing needed to determine if an the NRC recommended we not use ‘‘the 2.00A6a(viii) and 102.00A6a(viii) to individual’s visual field loss resulted in visual field scoring procedures recently state that kinetic perimetry may be used statutory blindness; that is, whether the published by the American Medical instead of automated static threshold widest diameter of the visual field Association (1993). The AMA perimetry. subtended an angle no greater than 20 guidelines are not based on empirical Comment: One commenter noted that degrees and thus satisfied the criterion data, the procedures have not been proposed 2.00A6a(viii) and in proposed listing 2.03A or 102.03A. validated, and their properties are 102.00A6a(viii) indicated that Proposed 2.00A6a(v) and 102.00A6a(v) largely unknown.’’ automated kinetic testing may need to described the automated static threshold Comment: One commenter noted that be supplemented with a Humphrey testing needed to determine if an proposed 2.00A6a(v) and 102.00A6a(v) 30–2 or comparable test if the visual individual’s visual field loss satisfied indicated that we need results from a disorder has progressed to the point the criterion in proposed listing 2.03B Humphrey Field Analyzer but also where it is likely to result in a or 102.03B. The criterion in proposed provided that we could use comparable significant scotoma. The commenter listing 2.03B or 102.03B did not results from other acceptable asked if this meant that we should represent statutory blindness. Therefore, perimeters. The commenter believed merge the test result obtained from the the fact that there were different this language was inconsistent. SSA test kinetic with the results of the documentation requirements was not a Response: In response to this automated static threshold testing when conflict. However, in response to these comment, we revised proposed there is a significant scotoma present

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and if there is a methodology that we Response: We have adopted this commenters also suggested that we add want our adjudicators to follow for comment by adding the phrase ‘‘around the phrase ‘‘and expressing the product combining these tests. Another the point of fixation’’ in final listings in decimals converted to a percentage’’ commenter suggested we revise 2.03A and 102.03A. This will clarify to the end of proposed 2.00A7c and proposed 2.00A6(viii) and that, when we measure the widest 102.00A7c. 102.00A6a(viii) to indicate that diameter, the diameter must go through Response: In response to this automated kinetic testing needs to be the point of fixation. comment, we added an example of a supplemented when there is the Comment: One commenter suggested visual efficiency calculation and the likelihood of a significant limitation in we add a chart showing how the length phrase ‘‘and converting the decimal to the central or mid-peripheral visual of a scotoma is subtracted from the a percentage’’ to proposed 2.00A7c and field. The commenter believed we overall length of any diameter in which 102.00A7c. should add a reference to the mid- it falls. Comment: Two commenters peripheral field as this is important in Response: We did not adopt this recommended that we revise proposed conditions such as retinitis pigmentosa, comment. However, we plan to issue a Table 1 to show visual acuity efficiency but also noted that such a limitation Social Security Ruling to explain the ratings for the visual acuities of 20/30, might be missed by a Humphrey 30–2 procedural aspects of measuring the 20/60, and 20/70 instead of the visual or comparable test. visual field, and we will explain how to acuities of 20/32 and 20/64. One of Response: In response to these deduct the length of a scotoma in that these commenters also suggested we comments, we revised the guidance in ruling. add ‘‘aphakic with a contact lens’’ to the proposed 2.00A6a(viii) and Comment: Two commenters noted heading of the last column in Table 1. 102.00A6a(viii) to indicate that we will that proposed 2.00A6a(i) cited macular Response: In response to this not use automated kinetic perimetry to edema as an example of a disorder that comment we revised proposed Table 1 assess visual field loss if the visual could result in visual field loss in adults to show visual acuity efficiency for the disorder has progressed to the point but this disorder was not cited in visual acuities of 20/30, 20/60, and 20/ where it is likely to result in a proposed 102.00A6a(i). One of these 70 (and their metric equivalents) instead significant limitation in the central commenters suggested that macular of the visual acuities of 20/32 and 20/ visual field. In these situations, we will edema not be included as an example of 64. We did not adopt the second use automated static threshold testing or a disorder that could result in visual comment because we removed the manual kinetic perimetry to evaluate the field loss as it does not result in more heading in the last column of proposed visual field loss. than minimal field loss. The other Table 1 as these rules do not We did not adopt the comment that commenter indicated that macular differentiate between an eye that is asked us to add a reference to the mid- edema should be added to proposed phakic, pseudophakic, or aphakic. peripheral field. As we indicate below, 102.00A6a(i) as the condition does Binocular Vision we believe that measuring the central 30 occur in children. degrees of the visual field will provide Response: We agree that macular Comment: One commenter suggested sufficient information to determine edema generally does not result in we use binocular vision instead of disability or blindness. significant visual field loss; therefore, vision in the better eye when we Comment: One commenter noted that we removed the example in response to evaluate blindness or disability. the Goldmann and Humphrey kinetic the comment that asked us to do that. Response: We did not adopt this tests, which measure to the periphery, Final 2.00A6a(i) and 102.00A6a(i) are comment. The Act specifies that we use used in conjunction with the 30–2 now the same in this regard. the vision in the better eye, that is, would give a better picture of the visual monocular vision, to determine field than the 30–2 alone. Visual Efficiency blindness. Additionally, binocular Response: While we agree with the Comment: Two commenters visual acuity is often not measured commenter, we believe that a visual recommended that we change the way during a routine eye examination. field test that measures the central 30 we calculate visual efficiency to use the Lastly, there are no commonly used degrees of the visual field will provide functional vision score (FVS) as procedures to measure binocular visual sufficient information to determine described in the AMA Guides. fields directly or to derive a binocular blindness or disability. Response: We did not adopt this visual field from monocular visual Comment: One commenter suggested comment. The FVS is based on an fields. that we revise the language in proposed assessment of visual acuity and visual 2.00A6a(ix) and 102.00A6a(ix) to state fields. The visual acuity assessment Specific Visual Disorders that we can use normal test results to requires the use of an ETDRS-type chart Comment: One commenter questioned determine that the visual field loss is which is the preferred visual acuity the removal of the guidance in prior not severe. chart for research purposes, but is not 2.00A4, ‘‘Muscle function.’’ The Response: In response to this commonly used in clinical practice. commenter indicated that, although comment, we have clarified proposed Additionally, this visual acuity total bilateral ophthalmoplegia is very 2.00A6a(ix) and 102.00A6a(ix) to state assessment requires a measurement of rare, paralysis of individual eye muscles that we can consider normal results binocular visual acuity, and this or groups of eye muscles may cause a from visual field screening tests to measurement usually is not performed totally debilitating condition. The determine whether the visual disorder is as part of a routine eye examination. commenter noted that this type of severe. Also, as we indicated above, the NRC impairment was not addressed in the Comment: One commenter suggested report recommended that we not use the proposed rules. Another commenter we add the words ‘‘around fixation’’ to visual field scoring procedures suggested that we add guidance on how proposed listing 2.03A, the listing for published by the AMA. to evaluate nystagmus. contraction of the visual field in the Comment: Three commenters asked Response: We did not adopt these better eye, with the widest diameter that we add an example to proposed comments as eye muscle disorders subtending an angle no greater than 20 2.00A7 and 102.00A7 to clarify how we usually do not result in a listing-level degrees. compute visual efficiency. One of these loss of visual acuity or visual fields. As

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we indicated in our explanation of the Comment: One commenter suggested visual field loss for reasons we have proposed changes to 2.00 in the NPRM we add guidance about pseudophakia to already given. (70 FR at 48344) and in our explanation proposed 2.00A8 and 102.00A8. Comment: A number of commenters of the final changes to 2.00 earlier in Response: We did not adopt this suggested minor editorial changes and this preamble, we will evaluate comment as these final rules do not additions. For example, one commenter ophthalmoplegia and other eye muscle differentiate between an eye that is suggested we add the word disorders (such as nystagmus) by phakic, pseudophakic, or aphakic. ‘‘impairments’’ to the heading of this assessing the impact of the disorder on Comment: One commenter suggested body system. Another commenter visual efficiency or on the individual’s that we change the phrase ‘‘cortical suggested we add the acronym ‘‘VTAP’’ visual functioning. blindness’’ used in proposed 2.00A4b after the word ‘‘Humphrey’’ in the last Comment: Two commenters asked and 102.00A4b to ‘‘cortical visual sentence of proposed 2.00A6a(iv) and that we provide additional guidance on impairment.’’ The commenter also 102.00A6a(iv). Another commenter how to evaluate the effect of the provided language that describes a suggested we change the heading of involuntary blinking involved in cortical visual impairment and proposed 2.08 and 102.08. blepharospasm on the ability to suggested we add the language to Response: We did not adopt these maintain measured visual acuity and proposed 2.00A8 and 102.00A8. suggestions. In some cases, we did not visual fields over time. One of these Another commenter noted that think they were necessary. In others, we commenters also suggested that we proposed 2.00A4b cited stroke as an did not think that they clarified the change the phrase ‘‘maintain measured example of a catastrophic event that can issues. visual acuities and visual fields over cause cortical blindness in adults. The Comment: One commenter asked us time’’ in the last sentence of section commenter recommended that we to clarify the reporting requirements 2.00A8b to ‘‘maintain function over include the same example in proposed under the Paperwork Reduction Act. time’’ as blepharospasm does not cause 102.00A4b for children. Response: The Paperwork Reduction a decrease in measured acuities or Response: In response to these Act (PRA) of 1995, Public Law 104–13, fields. comments, we changed the phrase requires Federal Government agencies Response: In response to this ‘‘cortical blindness’’ to ‘‘cortical visual that intend to collect information from comment, we revised proposed 2.00A8b disorder’’ and expanded the discussion 10 or more members of the public to and 102.00A8b to refer to visual of cortical visual disorders in proposed seek comment on such information functioning instead of visual acuities 2.00A4b and 102.00A4b. Our expanded collections prior to obtaining Office of and visual fields. Additionally, as we discussions include stroke as an Management and Budget approval. The reviewed this section to respond to this example of a cause of cortical visual purpose in seeking public comment is to comment, we realized that we should disorders in children. reduce to the extent practicable and have referred to ‘‘closure of your Comment: One commenter requested appropriate the burden imposed on the eyelids’’ instead of ‘‘eye blinking,’’ and clarification of what is needed to public. Sections 2.00A and 102.00A have made this and other document a catastrophic event that discuss evidentiary reports, such as nonsubstantive editorial changes for causes blindness. The commenter asked reports of eye examinations that we clarity. We have not provided additional if mention of the specific event as part obtain from providers of medical guidance on how to evaluate the effect of the medical history would be evidence. The evidentiary reporting of the involuntary eyelid closure. This sufficient, or whether copies of the requirements are covered by the PRA; assessment requires medical judgment actual hospitalization, operative report, therefore; we provide an opportunity for and must be made on a case-by-case or pertinent lab studies would be the public to comment via the PRA basis. required. notice shown in the preamble to the Comment: Two commenters Response: The mention of a specific proposed rules. expressed concern that deleting our event as part of a medical history would Regulatory Procedures prior guidance for evaluating aphakia be an allegation that the event took will disadvantage those few individuals place; it would not be documentation of Executive Order 12866 who are unable to obtain or use the event. To document the catastrophic We have consulted with the Office of synthetic intraocular lenses or contact event, we need medical records showing Management and Budget (OMB) and lenses. the treatment for the event. determined that these final rules meet Response: As we discussed in our Other Comments the requirements for a significant explanation of the proposed changes to regulatory action under Executive Order 2.00 in the NPRM (70 FR at 48344) and Comment: One commenter noted that 12866, as amended by Executive Order in our explanation of the final changes our reference to the American Medical 13258. Thus, they were subject to OMB to 2.00 earlier in this preamble, we Association’s Guides to the Evaluation review. deleted the guidance on aphakia as this of Permanent Impairment, Fifth Edition, condition is effectively treated with cited pages 252 and 287–295. The Regulatory Flexibility Act synthetic intraocular lenses or contact commenter indicated that he believed We certify that these final rules do not lenses. We do not agree that the very we never consulted the fifth edition as have a significant economic impact on few individuals who are unable to the page numbers are wrong and the a substantial number of small entities obtain or use these treatments will be content is not used. because they affect only individuals. adversely affected. If an individual with Response: We did reference the fifth Thus, a regulatory flexibility analysis as aphakia does not have an impairment edition of the AMA Guides. The provided in the Regulatory Flexibility that meets a listing, we can consider the reference to page 252 was an editing Act, as amended, is not required. effects of aphakia when we determine error. The section of the AMA Guides whether the impairment medically on impairment of visual field is on Paperwork Reduction Act equals a listing or when determining pages 287–295. Although we consulted The Paperwork Reduction Act (PRA) residual functional capacity or, in this reference, we decided not to adopt of 1995 says that no persons are children, functional equivalence. the AMA’s procedures for evaluating required to respond to a collection of

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information unless it displays a valid I j. Section 102.00A of part B of 4. What evidence do we need to evaluate OMB control number. In accordance appendix 1 is revised. visual disorders, including those that result with the PRA, SSA is providing notice I k. Section 102.00C is added to part B in statutory blindness under title II? that OMB has approved the information of appendix 1. a. To evaluate your visual disorder, we collection requirements contained in I l. Listing 102.01 of part B of appendix usually need a report of an eye examination that includes measurements of the best- Part A, 2.00 and Part B, 102.00 of these 1 is revised. I m. Listing 102.02 of part B of corrected visual acuity or the extent of the final rules. The OMB Control Number visual fields, as appropriate. If there is a loss for this collection is 0960–0642, appendix 1 is revised. I of visual acuity or visual fields, the cause of expiring March 31, 2008. n. Listing 102.03 is added to part B of the loss must be documented. A standard eye appendix 1. examination will usually reveal the cause of (Catalog of Federal Domestic Assistance I o. Listing 102.04 is added to part B of Program Nos. 96.001, Social Security— any visual acuity loss. An eye examination appendix 1. can also reveal the cause of some types of Disability Insurance; 96.002, Social I p. Tables 1 and 2 are added to section Security—Retirement Insurance; 96.004, visual field deficits. If the eye examination Social Security—Survivors Insurance; and 102.00 of part B of appendix 1. does not reveal the cause of the visual loss, 96.006, Supplemental Security Income) The revised text is set forth as follows: we will request the information that was Appendix 1 to Subpart P of Part 404— used to establish the presence of the visual List of Subjects in 20 CFR Part 404 disorder. Listing of Impairments b. A cortical visual disorder is a Administrative practice and * * * * * disturbance of the posterior visual pathways procedure, Blind, Disability benefits, 3. Special Senses and Speech (2.00 and or occipital lobes of the brain in which the Old-Age, Survivors, and Disability 102.00): February 20, 2015. visual system does not interpret what the Insurance, Reporting and recordkeeping * * * * * eyes are seeing. It may result from such requirements, Social Security. Part A causes as traumatic brain injury, stroke, cardiac arrest, near drowning, a central Dated: August 2, 2006. * * * * * nervous system infection such as meningitis Jo Anne B. Barnhart, 2.00 SPECIAL SENSES AND SPEECH or encephalitis, a tumor, or surgery. It can be temporary or permanent, and the amount of Commissioner of Social Security. A. How do we evaluate visual disorders? visual loss can vary. It is possible to have a I 1. What are visual disorders? Visual For the reasons set forth in the cortical visual disorder and not have any disorders are abnormalities of the eye, the preamble, we are amending subpart P of abnormalities observed in a standard eye optic nerve, the optic tracts, or the brain that part 404 of chapter III of title 20 of the examination. Therefore, a diagnosis of a Code of Federal Regulations as set forth may cause a loss of visual acuity or visual fields. A loss of visual acuity limits your cortical visual disorder must be confirmed by below: ability to distinguish detail, read, or do fine documentation of the cause of the brain work. A loss of visual fields limits your lesion. If neuroimaging or visual evoked PART 404—FEDERAL OLD-AGE, ability to perceive visual stimuli in the response (VER) testing was performed, we SURVIVORS AND DISABILITY peripheral extent of vision. will request a copy of the report or other INSURANCE (1950– ) 2. How do we define statutory blindness? medical evidence that describes the findings in the report. I Statutory blindness is blindness as defined in 1. The authority citation for subpart P sections 216(i)(1) and 1614(a)(2) of the Social c. If your visual disorder does not satisfy of part 404 continues to read as follows: Security Act (the Act). The Act defines the criteria in 2.02, 2.03, or 2.04, we will also request a description of how your visual Authority: Secs. 202, 205(a), (b), and (d)– blindness as visual acuity of 20/200 or less disorder impacts your ability to function. (h), 216(i), 221(a) and (i), 222(c), 223, 225, in the better eye with the use of a correcting and 702(a)(5) of the Social Security Act (42 lens. We use your best-corrected visual 5. How do we measure best-corrected U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), acuity for distance in the better eye when we visual acuity? 421(a) and (i), 422(c), 423, 425, and determine if this definition is met. The Act a. Testing for visual acuity. When we need 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 also provides that an eye that has a visual to measure your best-corrected visual acuity, Stat. 2105, 2189. field limitation such that the widest diameter we will use visual acuity testing that was of the visual field subtends an angle no carried out using Snellen methodology or any Appendix 1 to Subpart P of Part 404— greater than 20 degrees is considered as other testing methodology that is comparable [Amended] having visual acuity of 20/200 or less. You to Snellen methodology. have statutory blindness only if your visual b. Determining best-corrected visual acuity. I 2. Appendix 1 to subpart P of part 404 disorder meets the criteria of 2.02 or 2.03A. (i) Best-corrected visual acuity is the optimal is amended as follows: You do not have statutory blindness if your visual acuity attainable with the use of a I a. Item 3 of the introductory text visual disorder medically equals the criteria corrective lens. In some instances, this before part A of appendix 1 is amended of 2.02 or 2.03A, or if it meets or medically assessment may be performed using a by revising the expiration date. equals 2.03B, 2.03C, or 2.04. If your visual specialized lens; for example, a contact lens. I b. Section 2.00A of part A of appendix disorder medically equals the criteria of 2.02 We will use the visual acuity measurements obtained with a specialized lens only if you 1 is revised. or 2.03A, or if it meets or medically equals have demonstrated the ability to use the I c. Section 2.00C is added to part A of 2.03B, 2.03C, or 2.04, we will find that you have a disability if your visual disorder also specialized lens on a sustained basis. appendix 1. meets the duration requirement. However, we will not use visual acuity I d. Listing 2.02 of part A of appendix 3. What evidence do we need to establish measurements obtained with telescopic 1 is revised. statutory blindness under title XVI? For title lenses because they significantly reduce the I e. Listing 2.03 of part A of appendix XVI, the only evidence we need to establish visual field. If you have an absent response 1 is revised. statutory blindness is evidence showing that to VER testing in an eye, we can determine I f. Listing 2.04 of part A of appendix your visual acuity in your better eye or your that your best-corrected visual acuity is 20/ 1 is revised. visual field in your better eye meets the 200 or less in that eye. However, if you have I g. The reservation for listing 2.05 is criteria in 2.00A2, provided that those a positive response to VER testing in an eye, measurements are consistent with the other we will not use that result to determine your removed. evidence in your case record. We do not need best-corrected visual acuity in that eye. I h. Listing 2.06 of part A of appendix to document the cause of your blindness. Additionally, we will not use the results of 1 is removed. Also, there is no duration requirement for pinhole testing or automated refraction I i. Tables 1 and 2 of section 2.00 of part statutory blindness under title XVI (see acuity to determine your best-corrected A of appendix 1 are revised. §§ 416.981 and 416.983). visual acuity.

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(ii) We will use the best-corrected visual field in which you can see a white III4e 7. How do we calculate visual efficiency? acuity for distance in your better eye when stimulus. The ‘‘III’’ refers to the standard a. Visual acuity efficiency. We use the we determine whether your loss of visual Goldmann test stimulus size III, and the ‘‘4e’’ percentage shown in Table 1 that acuity satisfies the criteria in 2.02. The best- refers to the standard Goldmann intensity corresponds to the best-corrected visual corrected visual acuity for distance is usually filters used to determine the intensity of the acuity for distance in your better eye. measured by determining what you can see stimulus. b. Visual field efficiency. We use kinetic from 20 feet. If your visual acuity is (vii) In automated static threshold perimetry to calculate visual field efficiency measured for a distance other than 20 feet, perimetry, the intensity of the stimulus by adding the number of degrees seen along we will convert it to a 20-foot measurement. varies. The intensity of the stimulus is the eight principal meridians in your better For example, if your visual acuity is expressed in decibels (dB). We need to eye and dividing by 500. (See Table 2.) measured at 10 feet and is reported as 10/40, determine the dB level that corresponds to a c. Visual efficiency. We calculate the we will convert this to 20/80. 4e intensity for the particular perimeter being percent of visual efficiency by multiplying 6. How do we measure visual fields? used. We will then use the dB printout to the visual acuity efficiency by the visual field a. Testing for visual fields. determine which points would be seen at a efficiency and converting the decimal to a (i) We generally need visual field testing 4e intensity level. For example, in Humphrey percentage. For example, if your visual acuity when you have a visual disorder that could Field Analyzers, a 10 dB stimulus is efficiency is 75 percent and your visual field result in visual field loss, such as glaucoma, equivalent to a 4e stimulus. A dB level that efficiency is 64 percent, we will multiply retinitis pigmentosa, or optic neuropathy, or is higher than 10 represents a dimmer 0.75 × 0.64 to determine that your visual when you display behaviors that suggest a stimulus, while a dB level that is lower than efficiency is 0.48, or 48 percent. visual field loss. 10 represents a brighter stimulus. Therefore, 8. How do we evaluate specific visual (ii) When we need to measure the extent for tests performed on Humphrey Field problems? of your visual field loss, we will use visual Analyzers, any point seen at 10 dB or higher a. Statutory blindness. Most test charts that field measurements obtained with an is a point that would be seen with a 4e use Snellen methodology do not have lines automated static threshold perimetry test stimulus. that measure visual acuity between 20/100 performed on a perimeter, like the Humphrey (viii) We can also use visual field and 20/200. Newer test charts, such as the Field Analyzer, that satisfies all of the measurements obtained using kinetic Bailey-Lovie or the Early Treatment Diabetic following requirements: perimetry, such as the Humphrey ‘‘SSA Test Retinopathy Study (ETDRS), do have lines A. The perimeter must use optical Kinetic’’ or Goldmann perimetry, instead of that measure visual acuity between 20/100 projection to generate the test stimuli. automated static threshold perimetry. The and 20/200. If your visual acuity is measured B. The perimeter must have an internal kinetic test must use a white III4e stimulus with one of these newer charts, and you normative database for automatically projected on a white 31.5 apostilb (10 cd/m2) cannot read any of the letters on the 20/100 comparing your performance with that of the background. In automated kinetic tests, such line, we will determine that you have general population. as the Humphrey ‘‘SSA Test Kinetic,’’ testing statutory blindness based on a visual acuity C. The perimeter must have a statistical along a meridian stops when you see the of 20/200 or less. For example, if your best- analysis package that is able to calculate stimulus. Because of this, automated kinetic corrected visual acuity for distance in the visual field indices, particularly mean testing does not detect limitations in the better eye was determined to be 20/160 using deviation. central visual field. If your visual disorder an ETDRS chart, we will find that you have D. The perimeter must demonstrate the has progressed to the point at which it is statutory blindness. Regardless of the type of ability to correctly detect visual field loss and likely to result in a significant limitation in test chart used, you do not have statutory correctly identify normal visual fields. the central visual field, such as a scotoma blindness if you can read at least one letter E. The perimeter must demonstrate good (see 2.00A8c), we will not use automated on the 20/100 line. For example, if your best- test-retest reliability. kinetic perimetry to evaluate your visual corrected visual acuity for distance in the F. The perimeter must have undergone field loss. Instead, we will assess your visual better eye was determined to be 20/125+1 clinical validation studies by three or more field loss using automated static threshold using an ETDRS chart, we will find that you independent laboratories with results perimetry or manual kinetic perimetry. do not have statutory blindness as you are published in peer-reviewed ophthalmic (ix) We will not use the results of visual able to read one letter on the 20/100 line. journals. field screening tests, such as confrontation b. Blepharospasm. This movement (iii) The test must use a white size III tests, tangent screen tests, or automated static disorder is characterized by repetitive, Goldmann stimulus and a 31.5 apostilb (10 screening tests, to determine that your bilateral, involuntary closure of the eyelids. cd/m2) white background. The stimuli impairment meets or medically equals a If you have this disorder, you may have locations must be no more than 6 degrees listing or to evaluate your residual functional measurable visual acuities and visual fields apart horizontally or vertically. capacity. However, we can consider normal that do not satisfy the criteria of 2.02 or 2.03. Measurements must be reported on standard results from visual field screening tests to Blepharospasm generally responds to charts and include a description of the size determine whether your visual disorder is therapy. However, if therapy is not effective, and intensity of the test stimulus. severe when these test results are consistent we will consider how the involuntary closure (iv) To determine statutory blindness based with the other evidence in your case record. of your eyelids affects your ability to on visual field loss (2.03A), we need a test (See §§ 404.1520(c), 404.1521, 416.920(c), maintain visual functioning over time. that measures the central 24 to 30 degrees of and 416.921.) We will not consider normal c. Scotoma. A scotoma is a non-seeing area the visual field; that is, the area measuring test results to be consistent with the other in the visual field surrounded by a seeing 24 to 30 degrees from the point of fixation. evidence if either of the following applies: area. When we measure the visual field, we Acceptable tests include the Humphrey 30– A. The clinical findings indicate that your subtract the length of any scotoma, other than 2 or 24–2 tests. visual disorder has progressed to the point the normal blind spot, from the overall length (v) The criterion in 2.03B is based on the that it is likely to cause visual field loss, or of any diameter on which it falls. use of a test performed on a Humphrey Field B. You have a history of an operative * * * * * Analyzer that measures the central 30 procedure for retinal detachment. C. How do we evaluate impairments that degrees of the visual field. We can also use b. Use of corrective lenses. You must not do not meet one of the special senses and comparable results from other acceptable wear eyeglasses during the visual field speech listings? perimeters, for example, a mean defect of 22 examination because they limit your field of 1. These listings are only examples of on an acceptable Octopus test, to determine vision. Contact lenses or perimetric lenses common special senses and speech disorders that the criterion in 2.03B is met. We cannot may be used to correct visual acuity during that we consider severe enough to prevent an use tests that do not measure the central 30 the visual field examination in order to individual from doing any gainful activity. If degrees of the visual field, such as the obtain the most accurate visual field your impairment(s) does not meet the criteria Humphrey 24–2 test, to determine if your measurements. For this single purpose, you of any of these listings, we must also impairment meets or medically equals 2.03B. do not need to demonstrate that you have the consider whether you have an impairment(s) (vi) We measure the extent of visual field ability to use the contact or perimetric lenses that satisfies the criteria of a listing in loss by determining the portion of the visual on a sustained basis. another body system.

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2. If you have a medically determinable A. The widest diameter subtending an TABLE 1.—PERCENTAGE OF VISUAL impairment(s) that does not meet a listing, angle around the point of fixation no greater ACUITY EFFICIENCY COR- we will determine whether the impairment(s) than 20 degrees; RESPONDING TO THE BEST-COR- medically equals a listing. (See §§ 404.1526 OR and 416.926.) If you have an impairment(s) RECTED VISUAL ACUITY MEASURE- that does not meet or medically equal a B. A mean deviation of –22 or worse, MENT FOR DISTANCE IN THE BETTER listing, you may or may not have the residual determined by automated static threshold EYE functional capacity to engage in substantial perimetry as described in 2.00A6a(v); gainful activity. Therefore, we proceed to the OR Snellen Percent fourth, and if necessary, the fifth steps of the C. A visual field efficiency of 20 percent visual sequential evaluation process in §§ 404.1520 acuity effi- or less as determined by kinetic perimetry English Metric ciency and 416.920. When we decide whether you (see 2.00A7b). continue to be disabled, we use the rules in 2.04 Loss of visual efficiency. Visual 20/16 ...... 6/5 100 §§ 404.1594, 416.994, or 416.994a, as efficiency of the better eye of 20 percent or 20/20 ...... 6/6 100 appropriate. less after best correction (see 2.00A7c). 20/25 ...... 6/7.5 95 2.01 Category of Impairments, Special * * * * * 20/30 ...... 6/9 90 Senses and Speech 20/40 ...... 6/12 85 20/50 ...... 6/15 75 2.02 Loss of visual acuity. Remaining 20/60 ...... 6/18 70 vision in the better eye after best correction 20/70 ...... 6/21 65 is 20/200 or less. 20/80 ...... 6/24 60 2.03 Contraction of the visual field in the 20/100 ...... 6/30 50 better eye, with:

TABLE 2.—CHART OF VISUAL FIELDS

1. The diagram of the right eye illustrates Part B ability to perceive visual stimuli in the the extent of a normal visual field as * * * * * peripheral extent of vision. measured with a III4e stimulus. The sum of 2. How do we define statutory blindness? the eight principal meridians of this field is 102.00 SPECIAL SENSES AND SPEECH Statutory blindness is blindness as defined in 500 degrees. A. How do we evaluate visual disorders? sections 216(i)(1) and 1614(a)(2) of the Social Security Act (the Act). The Act defines 2. The diagram of the left eye illustrates a 1. What are visual disorders? Visual blindness as visual acuity of 20/200 or less visual field contracted to 30 degrees in two disorders are abnormalities of the eye, the meridians and to 20 degrees in the remaining in the better eye with the use of a correcting optic nerve, the optic tracts, or the brain that lens. We use your best-corrected visual six meridians. The percent of visual field may cause a loss of visual acuity or visual × × acuity for distance in the better eye when we efficiency of this field is: (2 30) + (6 20) fields. A loss of visual acuity limits your ÷ determine if this definition is met. The Act = 180 500 = 0.36 or 36 percent visual field ability to distinguish detail, read, do fine also provides that an eye that has a visual efficiency. work, or perform other age-appropriate field limitation such that the widest diameter * * * * * activities. A loss of visual fields limits your of the visual field subtends an angle no

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greater than 20 degrees is considered as acuity testing that was carried out using documenting damage to the cerebral cortex having visual acuity of 20/200 or less. You Snellen methodology or any other testing which would be expected to prevent the have statutory blindness only if your visual methodology that is comparable to Snellen development of a visual acuity better than disorder meets the criteria of 102.02 or methodology. 20/200 in your better eye. Such abnormal 102.03A. You do not have statutory blindness (ii) We consider tests such as the Landolt neuroimaging includes, but is not limited to, if your visual disorder medically equals the C test or the tumbling-E test, which are used neuroimaging showing bilateral criteria of 102.02 or 102.03A, or if it meets to evaluate young children who are unable to encephalomyelitis or bilateral or medically equals 102.03B, 102.03C, or participate in testing using Snellen encephalomalacia. 102.04. If your visual disorder medically methodology, to be comparable to testing 6. How do we measure visual fields? equals the criteria of 102.02 or 102.03A, or using Snellen methodology. These alternate a. Testing for visual fields. if it meets or medically equals 102.03B, methods for measuring visual acuity should (i) We generally need visual field testing 102.03C, or 102.04, we will find that you be performed by specialists with expertise in when you have a visual disorder that could have a disability if your visual disorder also assessment of childhood vision. result in visual field loss, such as glaucoma, meets the duration requirement. (iii) If you are unable to participate in retinitis pigmentosa, or optic neuropathy, or 3. What evidence do we need to establish testing using Snellen methodology or other when you display behaviors that suggest a statutory blindness under title XVI? For title comparable testing, we will consider your visual field loss. XVI, the only evidence we need to establish fixation and visual-following behavior. If (ii) When we need to measure the extent statutory blindness is evidence showing that both these behaviors are absent, we will of your visual field loss, we will use visual your visual acuity in your better eye or your consider the anatomical findings or the field measurements obtained with an visual field in your better eye meets the results of neuroimaging, electroretinogram, or automated static threshold perimetry test criteria in 102.00A2, provided that those VER testing when this testing has been performed on a perimeter, like the Humphrey measurements are consistent with the other performed. Field Analyzer, that satisfies all of the evidence in your case record. We do not need b. Determining best-corrected visual acuity. following requirements: to document the cause of your blindness. (i) Best-corrected visual acuity is the optimal A. The perimeter must use optical Also, there is no duration requirement for visual acuity attainable with the use of a projection to generate the test stimuli. statutory blindness under title XVI (see corrective lens. In some instances, this B. The perimeter must have an internal §§ 416.981 and 416.983). assessment may be performed using a normative database for automatically 4. What evidence do we need to evaluate specialized lens; for example, a contact lens. comparing your performance with that of the visual disorders, including those that result We will use the visual acuity measurements general population. in statutory blindness under title II? obtained with a specialized lens only if you C. The perimeter must have a statistical a. To evaluate your visual disorder, we have demonstrated the ability to use the analysis package that is able to calculate usually need a report of an eye examination specialized lens on a sustained basis. visual field indices, particularly mean that includes measurements of the best- However, we will not use visual acuity deviation. corrected visual acuity or the extent of the measurements obtained with telescopic D. The perimeter must demonstrate the visual fields, as appropriate. If there is a loss lenses because they significantly reduce the ability to correctly detect visual field loss and of visual acuity or visual fields, the cause of visual field. If you have an absent response correctly identify normal visual fields. the loss must be documented. A standard eye to VER testing in an eye, we can determine E. The perimeter must demonstrate good examination will usually reveal the cause of that your best-corrected visual acuity is test-retest reliability. any visual acuity loss. An eye examination 20/200 or less in that eye. However, if you F. The perimeter must have undergone can also reveal the cause of some types of have a positive response to VER testing in an clinical validation studies by three or more visual field deficits. If the eye examination eye, we will not use that result to determine independent laboratories with results does not reveal the cause of the visual loss, your best-corrected visual acuity in that eye. published in peer-reviewed ophthalmic we will request the information that was Additionally, we will not use the results of journals. used to establish the presence of the visual pinhole testing or automated refraction (iii) The test must use a white size III disorder. acuity to determine your best-corrected Goldmann stimulus and a 31.5 apostilb (10 b. A cortical visual disorder is a visual acuity. cd/m2) white background. The stimuli disturbance of the posterior visual pathways (ii) We will use the best-corrected visual locations must be no more than 6 degrees or occipital lobes of the brain in which the acuity for distance in your better eye when apart horizontally or vertically. visual system does not interpret what the we determine whether your loss of visual Measurements must be reported on standard eyes are seeing. It may result from such acuity satisfies the criteria in 102.02A. The charts and include a description of the size causes as traumatic brain injury, stroke, best-corrected visual acuity for distance is and intensity of the test stimulus. cardiac arrest, near drowning, a central usually measured by determining what you (iv) To determine statutory blindness based nervous system infection such as meningitis can see from 20 feet. If your visual acuity is on visual field loss (102.03A), we need a test or encephalitis, a tumor, or surgery. It can be measured for a distance other than 20 feet, that measures the central 24 to 30 degrees of temporary or permanent, and the amount of we will convert it to a 20-foot measurement. the visual field; that is, the area measuring visual loss can vary. It is possible to have a For example, if your visual acuity is 24 to 30 degrees from the point of fixation. cortical visual disorder and not have any measured at 10 feet and is reported as 10/40, Acceptable tests include the Humphrey 30– abnormalities observed in a standard eye we will convert this to 20/80. 2 or 24–2 tests. examination. Therefore, a diagnosis of a (iii) If you cannot participate in visual (v) The criterion in 102.03B is based on the cortical visual disorder must be confirmed by acuity testing, we will determine that your use of a test performed on a Humphrey Field documentation of the cause of the brain best-corrected visual acuity is 20/200 or less Analyzer that measures the central 30 lesion. If neuroimaging or visual evoked in your better eye if your visual disorder degrees of the visual field. We can also use response (VER) testing was performed, we meets the criteria in 102.02B. To meet comparable results from other acceptable will request a copy of the report or other 102.02B1, your impairment must result in the perimeters; for example, a mean defect of 22 medical evidence that describes the findings absence of fixation and visual-following on an acceptable Octopus test, to determine in the report. behavior and abnormal anatomical findings that the criterion in 102.03B is met. We c. If your visual disorder does not satisfy indicating a visual acuity of 20/200 or less in cannot use tests that do not measure the the criteria in 102.02, 102.03, or 102.04, we your better eye. Such abnormal anatomical central 30 degrees of the visual field, such as will also request a description of how your findings include, but are not limited to, the the Humphrey 24–2 test, to determine if your visual disorder impacts your ability to presence of Stage III or worse retinopathy of impairment meets or medically equals function. prematurity despite surgery, hypoplasia of 102.03B. 5. How do we measure best-corrected the optic nerve, albinism with macular (vi) We measure the extent of visual field visual acuity? aplasia, and bilateral optic atrophy. To meet loss by determining the portion of the visual a. Testing for visual acuity. 102.02B2, your impairment must result in the field in which you can see a white III4e (i) When we need to measure your best- absence of fixation and visual-following stimulus. The ‘‘III’’ refers to the standard corrected visual acuity, we will use visual behavior and abnormal neuroimaging Goldmann test stimulus size III, and the

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‘‘4e’’efers to the standard Goldmann intensity b. Visual field efficiency. We use kinetic 416.926a.) We use the rules in § 416.994a filters used to determine the intensity of the perimetry to calculate visual field efficiency when we decide whether you continue to be stimulus. by adding the number of degrees seen along disabled. (vii) In automated static threshold the eight principal meridians in your better perimetry, the intensity of the stimulus eye and dividing by 500. (See Table 2.) 102.01 Category of Impairments, Special varies. The intensity of the stimulus is c. Visual efficiency. We calculate the Senses and Speech expressed in decibels (dB). We need to percent of visual efficiency by multiplying 102.02 Loss of visual acuity. determine the dB level that corresponds to a the visual acuity efficiency by the visual field 4e intensity for the particular perimeter being efficiency and converting the decimal to a A. Remaining vision in the better eye after used. We will then use the dB printout to percentage. For example, if your visual acuity best correction is 20/200 or less; determine which points would be seen at a efficiency is 75 percent and your visual field OR 4e intensity level. For example, in Humphrey efficiency is 64 percent, we will multiply Field Analyzers, a 10 dB stimulus is 0.75 × 0.64 to determine that your visual B. An inability to participate in testing equivalent to a 4e stimulus. A dB level that efficiency is 0.48, or 48 percent. using Snellen methodology or other is higher than 10 represents a dimmer 8. How do we evaluate specific visual comparable visual acuity testing and clinical stimulus, while a dB level that is lower than problems? findings that fixation and visual-following 10 represents a brighter stimulus. Therefore, a. Statutory blindness. Most test charts that behavior are absent in the better eye, and: for tests performed on Humphrey Field use Snellen methodology do not have lines 1. Abnormal anatomical findings Analyzers, any point seen at 10 dB or higher that measure visual acuity between 20/100 indicating a visual acuity of 20/200 or less in is a point that would be seen with a 4e and 20/200. Newer test charts, such as the the better eye; or stimulus. Bailey-Lovie or the Early Treatment Diabetic 2. Abnormal neuroimaging documenting (viii) We can also use visual field Retinopathy Study (ETDRS), do have lines damage to the cerebral cortex which would measurements obtained using kinetic that measure visual acuity between 20/100 be expected to prevent the development of a perimetry, such as the Humphrey ‘‘SSA Test and 20/200. If your visual acuity is measured Kinetic’’ or Goldmann perimetry, instead of with one of these newer charts, and you visual acuity better than 20/200 in the better automated static threshold perimetry. The cannot read any of the letters on the 20/100 eye; or kinetic test must use a white III4e stimulus line, we will determine that you have 3. Abnormal electroretinogram 2 projected on a white 31.5 apostilb (10 cd/m ) statutory blindness based on a visual acuity documenting the presence of Leber’s background. In automated kinetic tests, such of 20/200 or less. For example, if your best- congenital amaurosis or achromatopsia; or as the Humphrey ‘‘SSA Test Kinetic,’’ testing corrected visual acuity for distance in the 4. An absent response to VER testing in the along a meridian stops when you see the better eye was determined to be 20/160 using better eye. stimulus. Because of this, automated kinetic an ETDRS chart, we will find that you have 102.03 Contraction of the visual field in testing does not detect limitations in the statutory blindness. Regardless of the type of central visual field. If your visual disorder the better eye, with: test chart used, you do not have statutory A. The widest diameter subtending an has progressed to the point at which it is blindness if you can read at least one letter angle around the point of fixation no greater likely to result in a significant limitation in on the 20/100 line. For example, if your best- the central visual field, such as a scotoma corrected visual acuity for distance in the than 20 degrees; (see 102.00A8c), we will not use automated better eye was determined to be 20/125+1 OR kinetic perimetry to evaluate your visual using an ETDRS chart, we will find that you B. A mean deviation of –22 or worse, field loss. Instead, we will assess your visual do not have statutory blindness as you are field loss using automated static threshold determined by automated static threshold able to read one letter on the 20/100 line. perimetry as described in 102.00A6a(v); perimetry or manual kinetic perimetry. b. Blepharospasm. This movement (ix) We will not use the results of visual disorder is characterized by repetitive, OR field screening tests, such as confrontation bilateral, involuntary closure of the eyelids. C. A visual field efficiency of 20 percent tests, tangent screen tests, or automated static If you have this disorder, you may have or less as determined by kinetic perimetry screening tests, to determine that your measurable visual acuities and visual fields impairment meets or medically equals a (see 102.00A7b). that do not satisfy the criteria of 102.02 or 102.04 Loss of visual efficiency. Visual listing, or functionally equals the listings. 102.03. Blepharospasm generally responds to However, we can consider normal results efficiency of the better eye of 20 percent or therapy. However, if therapy is not effective, less after best correction (see 102.00A7c). from visual field screening tests to determine we will consider how the involuntary closure whether your visual disorder is severe when of your eyelids affects your ability to * * * * * these test results are consistent with the other maintain visual functioning over time. evidence in your case record. (See c. Scotoma. A scotoma is a non-seeing area TABLE 1.—PERCENTAGE OF VISUAL § 416.924(c).) We will not consider normal in the visual field surrounded by a seeing ACUITY EFFICIENCY COR- test results to be consistent with the other area. When we measure the visual field, we RESPONDING TO THE EST OR evidence if either of the following applies: subtract the length of any scotoma, other than B -C - A. The clinical findings indicate that your the normal blind spot, from the overall length RECTED VISUAL ACUITY MEASURE- visual disorder has progressed to the point of any diameter on which it falls. MENT FOR DISTANCE IN THE BETTER that it is likely to cause visual field loss; or B. You have a history of an operative * * * * * EYE procedure for retinal detachment. C. How do we evaluate impairments that b. Use of corrective lenses. You must not do not meet one of the special senses and Snellen Percent wear eyeglasses during the visual field speech listings? visual examination because they limit your field of 1. These listings are only examples of English Metric acuity vision. Contact lenses or perimetric lenses common special senses and speech disorders efficiency may be used to correct visual acuity during that we consider severe enough to result in the visual field examination in order to marked and severe functional limitations. If 20/16 ...... 6/5 100 obtain the most accurate visual field your impairment(s) does not meet the criteria 20/20 ...... 6/6 100 measurements. For this single purpose, you of any of these listings, we must also 20/25 ...... 6/7.5 95 do not need to demonstrate that you have the consider whether you have an impairment(s) 20/30 ...... 6/9 90 ability to use the contact or perimetric lenses that satisfies the criteria of a listing in 20/40 ...... 6/12 85 on a sustained basis. another body system. 20/50 ...... 6/15 75 7. How do we calculate visual efficiency? 2. If you have a medically determinable 20/60 ...... 6/18 70 a. Visual acuity efficiency. We use the impairment(s) that does not meet a listing, 20/70 ...... 6/21 65 percentage shown in Table 1 that we will determine whether the impairment(s) 20/80 ...... 6/24 60 corresponds to the best-corrected visual medically equals a listing or functionally 20/100 ...... 6/30 50 acuity for distance in your better eye. equals the listings. (See §§ 416.926 and

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TABLE 2.—CHART OF VISUAL FIELDS

1. The diagram of the right eye illustrates the safety of persons and vessels in the or a final rule 30 days in advance of the the extent of a normal visual field as maritime community from the hazards desired effective dates. Further, measured with a III4e stimulus. The sum of associated with a blasting project. Entry postponing the blasting project is the eight principal meridians of this field is into this zone by any vessel is impractical as ice conditions in the river 500 degrees. prohibited unless specifically 2. The diagram of the left eye illustrates a will increase the difficulty of visual field contracted to 30 degrees in two authorized by the Captain of the Port, completing this project on schedule. meridians and to 20 degrees in the remaining Northern New England. The Coast Guard finds that immediate six meridians. The percent of visual field DATES: This rule is effective from 8 a.m. action is needed to protect mariners efficiency of this field is: (2 × 30) + (6 × 20) Eastern Standard Time (EST) on against the potential hazards associated = 180 ÷ 500 = 0.36 or 36 percent visual field November 15, 2006 until 4 p.m. Eastern with these blasting operations. Under 5 efficiency. Standard Time (EST) on December 30, U.S.C. 553(d)(3), the Coast Guard also [FR Doc. 06–9236 Filed 11–17–06; 8:45 am] 2006. finds, for the same reasons, that good BILLING CODE 4191–02–P ADDRESSES: Documents indicated in this cause exists for making this rule preamble as being available in the effective less than 30 days after docket are part of docket CGD01–06– publication in the Federal Register. DEPARTMENT OF HOMELAND 131 and are available for inspection or Background and Purpose SECURITY copying at U.S. Coast Guard Sector Northern New England, 259 High Street, On November 1, 2006, Charter Coast Guard South Portland, ME 04106 between 8 Environmental, Inc. began dredging a.m. and 4 p.m., Monday through operations on the Cocheco River 33 CFR Part 165 Friday, except Federal holidays. between the Upper and Lower Narrows [CGD01–06–131] FOR FURTHER INFORMATION CONTACT: in order to both widen and deepen the Lieutenant Junior Grade J. B. Bleacher, river channel. Ledge areas in the river RIN 1625–AA00 Prevention Department, Sector Northern will be removed by drilling and blasting Safety Zone; Cocheco River Dredging New England at (207) 742–5421. methods. Blasting operations are Project, Cocheco River, NH SUPPLEMENTARY INFORMATION: scheduled to begin November 15, 2006 and end on December 30, 2006. Charter AGENCY: Coast Guard, DHS. Regulatory Information Environmental, Inc. will notify the ACTION: Temporary final rule. We did not publish a notice of USCG at least 24 hours prior to any proposed rulemaking (NPRM) for this blasting operation and all blasting will SUMMARY: The Coast Guard is regulation. Under 5 U.S.C. 553(b)(B), the be conducted only at high tide. Public establishing a temporary safety zone Coast Guard finds that good cause exists notifications will be made during the around a blasting project between the for not publishing an NPRM. The final effective period via marine safety Upper and Lower Narrows of the details of the project were not information broadcasts. This regulation Cocheco River near Dover, NH. This determined until October 23, 2006 establishes a 100 yard safety zone safety zone is necessary to provide for making it impossible to publish a NPRM around all blasting areas. Entry into this

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zone will be prohibited unless Small Entities effect on State or local governments and authorized by the Captain of the Port. Under the Regulatory Flexibility Act would either preempt State law or impose a substantial direct cost of Discussion of Rule (5 U.S.C. 601–612), we have considered whether this rule would have a compliance on them. We have analyzed This rule is effective from 8 a.m. EST significant economic impact on a this rule under that Order and have on November 15, 2006 until 4 p.m. EST substantial number of small entities. determined that it does not have on December 30, 2006. This safety zone The term ‘‘small entities’’ comprises implications for federalism. is needed to safeguard mariners from small businesses, not-for-profit Unfunded Mandates Reform Act the hazards associated with blasting organizations that are independently operations on the designated waters in owned and operated and are not The Unfunded Mandates Reform Act the Cocheco River. During the effective dominant in their fields, and of 1995 (2 U.S.C. 1531–1538) requires period of the safety zone, vessel traffic governmental jurisdictions with Federal agencies to assess the effects of will be restricted in various portions of populations of less than 50,000. their discretionary regulatory actions. In the river, depending on where blasting The Coast Guard certifies under 5 particular, the Act addresses actions operations are taking place. Although U.S.C. 605(b) that this rule will not have that may result in the expenditure by a the safety zone will be in effect for six a significant economic impact on a State, local, or tribal government, in the weeks, it will only be enforced during substantial number of small entities. aggregate, or by the private sector of actual blasting times. Entry into those This rule will affect the following $100,000,000 or more in any one year. zones by any vessel is prohibited unless entities, some of which may be small Though this rule will not result in such specifically authorized by the Captain of entities: the owners and operators of an expenditure, we do discuss the the Port, Northern New England. vessels intending to transit in the effects of this rule elsewhere in this vicinity of the Upper and Lower preamble. The Captain of the Port anticipates Narrows on the Cocheco River. The Taking of Private Property negligible negative impact on vessel safety zone will not have a significant traffic from this temporary safety zone impact on a substantial number of small This rule will not affect a taking of as it will be in effect only during entities for the reasons described under private property or otherwise have blasting operations. Blasting will only the Regulatory Evaluation section. taking implications under Executive be scheduled for times of high tide and Order 12630, Governmental Actions and it is anticipated that if the occasional Assistance for Small Entities Interference with Constitutionally vessel needs to transit with high tide Under section 213(a) of the Small Protected Property Rights. depths it is unlikely that blasting will Business Regulatory Enforcement Civil Justice Reform prevent passage during the entire high Fairness Act of 1996 (Pub. L. 104–121), tide cycle. Further, vessel traffic is we want to assist small entities in This rule meets applicable standards extremely light at this time of year. It understanding this rule so that they can in sections 3(a) and 3(b)(2) of Executive has been determined that the enhanced better evaluate its effects on them and Order 12988, Civil Justice Reform, to safety to life and property provided by participate in the rulemaking process. If minimize litigation, eliminate this rule greatly outweighs any potential this rule will affect your small business, ambiguity, and reduce burden. negative impacts. Public notifications organization, or governmental Protection of Children will be made during the entire effective jurisdiction and you have questions period of this safety zone via marine concerning its provisions or options for We have analyzed this rule under information broadcasts. compliance, please call Lieutenant Executive Order 13045, Protection of Junior Grade J. B. Bleacher, Prevention Children from Environmental Health Regulatory Evaluation Department, Sector Northern New Risks and Safety Risks. This rule is not This rule is not a ‘‘significant England at (207) 742–5421. an economically significant rule and regulatory action’’ under section 3(f) of Small businesses may send comments does not create an environmental risk to Executive Order 12866, Regulatory on the actions of Federal employees health or risk to safety that may Planning and Review, and does not who enforce, or otherwise determine disproportionately affect children. require an assessment of potential costs compliance with, Federal regulations to Indian Tribal Governments the Small Business and Agriculture and benefits under section 6(a)(3) of that This rule does not have tribal Order. The Office of Management and Regulatory Enforcement Ombudsman and the Regional Small Business implications under Executive Order Budget has not reviewed it under that 13175, Consultation and Coordination Order. Regulatory Fairness Boards. The Ombudsman evaluates these actions with Indian Tribal Governments, The Coast Guard expects the annually and rates each agency’s because it does not have a substantial economic impact of this rule to be so responsiveness to small business. If you direct effect on one or more Indian minimal that a full regulatory evaluation wish to comment on actions by tribes, on the relationship between the is unnecessary. The effect of this rule employees of the Coast Guard, call 1– Federal Government and Indian tribes, will not be significant for the following 888–REG–FAIR (1–888–734–3247). or on the distribution of power and reasons: the safety zone will be enforced responsibilities between the Federal only during blasting operations. Vessels Collection of Information Government and Indian tribes. will be permitted to transit and navigate This rule calls for no new collection Energy Effects in the effected waters when no blasting of information under the Paperwork is taking place, minimizing any adverse Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under impact. The blasting operations are 3520). Executive Order 13211, Actions being conducted in winter months when Concerning Regulations That vessel traffic is extremely light. Federalism Significantly Affect Energy Supply, Additionally, extensive maritime A rule has implications for federalism Distribution, or Use. We have advisories will be broadcast during the under Executive Order 13132, determined that it is not a ‘‘significant duration of the effective period. Federalism, if it has a substantial direct energy action’’ under that order because

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it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. DEPARTMENT OF HOMELAND under Executive Order 12866 and is not Chapter 701; 50 U.S.C 191, 195; 33 CFR 1.05– SECURITY likely to have a significant adverse effect 1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107– on the supply, distribution, or use of 295, 116 Stat. 2064; Department of Homeland Coast Guard energy. The Administrator of the Office Security Delegation No. 0170.1. of Information and Regulatory Affairs 33 CFR Part 165 I 2. Add temporary § 165.T01–131 to has not designated it as a significant [COTP Honolulu 06–007] energy action. Therefore, it does not read as follows: RIN 1625–AA00 require a Statement of Energy Effects § 165.T01–131 Safety Zone; Cocheco River under Executive Order 13211. Dredging Project, Cocheco River, NH. Safety Zone; Kealakekua Bay, HI Technical Standards (a) Location. The following area is a AGENCY: Coast Guard, DHS. The National Technology Transfer safety zone: all waters in the Cocheco ACTION: Temporary final rule. and Advancement Act (NTTAA) (15 River, from surface to bottom, between U.S.C. 272 note) directs agencies to use the Upper and Lower Narrows within SUMMARY: The Coast Guard is voluntary consensus standards in their 100 yards of any and all blasting establishing a temporary safety zone in regulatory activities unless the agency operations. All vessels are restricted Kealakekua Bay on the Island of Hawaii. provides Congress, through the Office of from entering this area. This zone is established at the request Management and Budget, with an of the Hawaii County Civil Defense due explanation of why using these (b) Effective Period. This section is to mudslides and falling rocks. These standards would be inconsistent with effective from 8 a.m. Eastern Standard falling rocks present a hazard to users of applicable law or otherwise impractical. Time (EST) on November 15, 2006 until Kealakekua Bay. Entry of persons or Voluntary consensus standards are 4 p.m. EST on December 30, 2006. vessels into this temporary safety zone technical standards (e.g., specifications (c) Definitions. (1) Designated is prohibited unless authorized by the of materials, performance, design, or representative means a Coast Guard Captain of the Port (COTP). operation; test methods; sampling Patrol Commander, including a Coast DATES: This rule is effective from 10 procedures; and related management Guard coxswain, petty officer, or other a.m. (HST) on October 25, 2006 until 12 systems practices) that are developed or officer operating a Coast Guard vessel a.m. (HST) on April 18, 2007. adopted by voluntary consensus and a Federal, State, and local officer ADDRESSES: Documents indicated in this standards bodies. designated by or assisting the Captain of preamble as being available in the This rule does not use technical the Port (COTP). docket are part of docket COTP standards. Therefore, we did not (2) [Reserved] Honolulu 06–007 and are available for consider the use of voluntary consensus inspection or copying at Coast Guard standards. (d) Regulations. (1) In accordance Sector Honolulu, 433 Ala Moana Blvd, Environment with the general regulations in § 165.23 Honolulu, HI between 7 a.m. and 3:30 of this part, entry into or movement We have analyzed this rule under p.m., Monday through Friday, except within this zone by any person or vessel Federal holidays. Commandant Instruction M16475.lD, is prohibited unless authorized by the which guides the Coast Guard in FOR FURTHER INFORMATION CONTACT: COTP, Northern New England or the Lieutenant (Junior Grade) Quincey complying with the National COTP’s designated representative. Environmental Policy Act of 1969 Adams, U.S. Coast Guard Sector (NEPA) (42 U.S.C. 4321–4370f), and (2) The safety zone is closed to all Honolulu at (808) 842–2600. have concluded that there are no factors vessel traffic, except as may be SUPPLEMENTARY INFORMATION: permitted by the COTP or the COTP’s in this case that would limit the use of Regulatory Information a categorical exclusion under section designated representative. We did not publish a notice of 2.B.2 of the Instruction. Therefore, this (3) Vessel operators desiring to enter proposed rulemaking (NPRM) for this rule is categorically excluded, under or operate within the safety zone must regulation. Under 5 U.S.C. 553(b)(B), the figure 2–1, paragraph (34)(g) of the contact the COTP or the COTP’s Instruction, from further environmental Coast Guard finds that good cause exists designated representative to obtain for not publishing an NPRM. This zone documentation. A final ‘‘Environmental permission to do so. Vessel operators Analysis Check List’’ and a final is established due to reports of given permission to enter or operate in mudslides and falling rocks in ‘‘Categorical Exclusion Determination’’ the safety zone must comply with all will be available in the docket where Kealakekua Bay causing an immediate directions given to them by the COTP or indicated under ADDRESSES. danger to the public. Publishing an the COTP’s designated representative. NPRM and delaying the effective date List of Subjects in 33 CFR Part 165 Dated: November 7, 2006. would be contrary to the public safety. Harbors, Marine safety, Navigation Stephen P. Garrity, For the same reasons, under 5 U.S.C. (water), Reporting and recordkeeping 553(d)(3), the Coast Guard finds that Captain, U.S. Coast Guard, Captain of the good cause exists for making this rule requirements, Security measures, Port, Northern New England. Waterways. effective less than 30 days after [FR Doc. E6–19561 Filed 11–17–06; 8:45 am] publication in the Federal Register. The I For the reasons discussed in the BILLING CODE 4910–15–P COTP finds this good cause to be the preamble, the Coast Guard amends 33 immediate need for a safety zone to CFR part 165 as follows: protect the public. PART 165—REGULATED NAVIGATION Background and Purpose AREAS AND LIMITED ACCESS AREAS On October 15, 2006, a 6.7-magnitude I 1. The authority citation for part 165 earthquake occurred at 7:08 am (HST) continues to read as follows: with an epicenter approximately 10

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miles NNW of Kailua-Kona Bay on the the Department of Homeland Security them. We have analyzed this rule under island of Hawaii. The Hawaii County (DHS). that Order and have determined that it Civil Defense requested a safety zone The Coast Guard expects the does not have implications for after initial damage assessment reports economic impact of this rule to be so federalism. of mudslides and falling rocks in minimal that a full Regulatory Unfunded Mandates Reform Act Kealakekua Bay. In response, COTP Evaluation under the regulatory policies Honolulu established a preliminary and procedures of DHS is unnecessary. The Unfunded Mandates Reform Act safety zone in Kealakekua Bay from the This expectation is based on the limited of 1995 (2 U.S.C. 1531–1538) requires shore line to a line drawn from the duration of the zone and the limited Federal agencies to assess the effects of lighthouse on Ka’awaloa Cove to the geographic area affected by it. their discretionary regulatory actions. In Hikiau Heiau landmark on Napo’opo’o particular, the Act addresses actions Small Entities Beach. As part of the ongoing damage that may result in the expenditure by a assessments, the State of Hawaii has Under the Regulatory Flexibility Act State, local, or tribal government, in the requested that the safety zone be (5 U.S.C. 601–612), we have considered aggregate, or by the private sector of reduced in size. The COTP will publish whether this rule will have a significant $100,000,000 or more in any one year. a final rule in the Federal Register to economic impact on a substantial Though this rule will not result in such cancel this zone prior to its expiration number of small entities. The term expenditure, we do discuss the effects of date if future damage assessments ‘‘small entities’’ comprises small this rule elsewhere in this preamble. indicate that the danger to the public businesses, not-for-profit organizations Taking of Private Property from falling rocks and debris no longer that are independently owned and exists. operated and are not dominant in their This rule will not affect a taking of fields, and governmental jurisdictions private property or otherwise have Discussion of Rule with populations of less than 50,000. taking implications under Executive This temporary safety zone is effective The Coast Guard certifies under 5 Order 12630, Governmental Actions and from 10 a.m. (HST) on October 25, 2006 U.S.C. 605(b) that this rule will not have Interference with Constitutionally until 12 a.m. on April 18, 2007 unless a significant economic impact on a Protected Property Rights. cancelled earlier by the Captain of the substantial number of small entities. We Civil Justice Reform Port. It is located in the waters of expect that there will be little or no Hawaii Island’s Kealakekua Bay impact to small entities due to the This rule meets applicable standards between the shore and a line drawn narrowly tailored scope of this safety in sections 3(a) and 3(b)(2) of Executive from the Captain Cook Monument to the zone. Order 12988, Civil Justice Reform, to Hikiau Heiau landmark on Napo’opo’o minimize litigation, eliminate Beach, from the surface of the water to Assistance for Small Entities ambiguity, and reduce burden. the ocean floor. Under section 213(a) of the Small Protection of Children The general regulations governing Business Regulatory Enforcement safety zones contained in 33 CFR 165.23 Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this rule under apply. Entry into, transit through or we offer to assist small entities in Executive Order 13045, Protection of anchoring within this zone is prohibited understanding this rule so that they Children from Environmental Health unless authorized by the Captain of the could better evaluate its effects on them Risks and Safety Risks. This rule is not Port or a designated representative and participate in the rulemaking an economically significant rule and thereof. The Captain of the Port will process. does not create an environmental risk to cause notice of the enforcement of the Small businesses may send comments health or risk to safety that may safety zone described in this section to on the actions of Federal employees disproportionately affect children. be made by broadcast notice to who enforce, or otherwise determine Indian Tribal Governments mariners. Any Coast Guard compliance with, Federal regulations to commissioned, warrant, or petty officer, the Small Business and Agriculture This rule does not have tribal and any other Captain of the Port Regulatory Enforcement Ombudsman implications under Executive Order representative permitted by law, may and the Regional Small Business 13175, Consultation and Coordination enforce the zone. The Captain of the Regulatory Fairness Boards. The with Indian Tribal Governments, Port may waive any of the requirements Ombudsman evaluates these actions because it does not have a substantial of this rule for any person, vessel, or annually and rates each agency’s direct effect on one or more Indian class of vessel upon finding that responsiveness to small business. If you tribes, on the relationship between the application of the safety zone is wish to comment on actions by Federal Government and Indian tribes, unnecessary or impractical for the employees of the Coast Guard, call 1– or on the distribution of power and purpose of maritime security. Vessels or 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal persons violating this rule are subject to Government and Indian tribes. Collection of Information the penalties set forth in 33 U.S.C. 1232. Energy Effects This rule calls for no new collection Regulatory Evaluation of information under the Paperwork We have analyzed this rule under This rule is not a ‘‘significant Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions regulatory action’’ under § 3(f) of 3520). Concerning Regulations That Executive Order 12866, Regulatory Significantly Affect Energy Supply, Planning and Review, and does not Federalism Distribution, or Use. We have require an assessment of potential costs A rule has implications for federalism determined that it is not a ‘‘significant and benefits under § 6(a)(3) of that under Executive Order 13132, energy action’’ under that order because Order. The Office of Management and Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ Budget has not reviewed it under that effect on State or local governments and under Executive Order 12866 and is not Order. It is not ‘‘significant’’ under the either preempts State law or imposes a likely to have a significant adverse effect regulatory policies and procedures of substantial direct cost of compliance on on the supply, distribution, or use of

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energy. The Administrator of the Office 107–295, 116 Stat. 2064; Department of disability compensation. This final rule of Information and Regulatory Affairs Homeland Security Delegation No. 0170.1. implements section 641 of the National has not designated it as a significant I 2. Add a new § 165.T14–149 to read Defense Authorization Act for Fiscal energy action. Therefore, it does not as follows: Year 2004 (Pub. L. 108–136). This law require a Statement of Energy Effects permits certain veterans who are under Executive Order 13211. § 165.T14–149 Safety zone; Kealakekua entitled to military retired pay and are Bay, HI. receiving disability compensation for a Technical Standards (a) Location. The following area, in service-connected disability (or a The National Technology Transfer U.S. navigable waters within the combination of service-connected and Advancement Act (NTTAA) (15 Honolulu Captain of the Port Zone (See disabilities) rated at 50 percent or higher U.S.C. 272 note) directs agencies to use 33 CFR 3.70–10), from the surface of the to receive disability compensation as voluntary consensus standards in their water to the ocean floor, is a safety zone: well as their military retired pay. The regulatory activities unless the agency All waters of Kealakekua Bay from the intended effect of the regulation is to provides Congress, through the Office of shore to a line drawn from the Captain clearly state who is eligible for Management and Budget, with an Cook Monument to the Hikiau Heiau concurrent receipt of disability explanation of why using these landmark on Napo’opo’o Beach. compensation and military retired pay, standards is inconsistent with (b) Effective dates. This safety zone is who must waive military retired pay to applicable law or otherwise impractical. effective from 10 a.m. (HST) on October receive disability compensation, and Voluntary consensus standards are 25, 2006 until 12 a.m. (HST) on April how to file such a waiver. technical standards (e.g., specifications 18, 2007. DATES: Effective Date: This amendment of materials, performance, design, or (c) Regulations. The general is effective November 20, 2006. operation; test methods; sampling regulations governing safety zones FOR FURTHER INFORMATION CONTACT: procedures; and related management contained in 33 CFR 165.23 apply. Entry Maya Ferrandino, Consultant, systems practices) that are developed or into, transit through, or anchoring Regulations Staff (211D), Compensation adopted by voluntary consensus within this zone is prohibited unless and Pension Service, Veterans Benefits standards bodies. authorized by the Captain of the Port or Administration, Department of Veterans This rule does not use technical a designated representative thereof. Affairs, 810 Vermont Ave., NW., standards. Therefore, we did not (d) Enforcement. Any Coast Guard Washington, DC 20420, (202) 273–7211. consider the use of voluntary consensus commissioned, warrant, or petty officer, standards. SUPPLEMENTARY INFORMATION: On July 7, and any other Captain of the Port 2005, VA published in the Federal Environment representative permitted by law, may Register (70 FR 39213) a proposal to enforce this temporary safety zone. We have analyzed this rule under revise VA’s rules concerning concurrent (e) Waiver. The Captain of the Port receipt of military retired pay and Commandant Instruction M16475.lD, may waive any of the requirements of which guides the Coast Guard in veterans’ disability compensation. this rule for any person, vessel, or class Interested persons were invited to complying with the National of vessel upon finding that application Environmental Policy Act of 1969 submit written comments on or before of the safety zone is unnecessary or September 6, 2005. We received (NEPA) (42 U.S.C. 4321–4370f), and impractical for the purpose of maritime have concluded that there are no factors comments from six members of the security. public. Subsequently, on January 6, in this case that limit the use of a (f) Penalties. Vessels or persons 2006, Congress further amended section categorical exclusion under section violating this rule are subject to the 1414 of title 10, United States Code, by 2.B.2 of the Instruction. Therefore, penalties set forth in 33 U.S.C. 1232. under figure 2–1, paragraph (34)(g) of enacting section 663 of Public Law 109– the Commandant Instruction Dated: October 25, 2006. 163, the National Defense Authorization M16475.1D, this rule is categorically V.B. Atkins, Act for Fiscal Year 2006. This Notice excluded from further environmental Captain, U.S. Coast Guard, Captain of the first explains why we have made documentation. An ‘‘Environmental Port, Honolulu. changes based on the comments to the Analysis Check List’’ and ‘‘Categorical [FR Doc. E6–19557 Filed 11–17–06; 8:45 am] July 7, 2005, notice of proposed Exclusion Determination (CED)’’ are BILLING CODE 4910–15–P rulemaking, and then explains changes available in the docket where indicated necessitated by section 663 of Public under ADDRESSES. Law 109–163. DEPARTMENT OF VETERANS List of Subjects 33 CFR Part 165 Comments to July 7, 2005, Notice of AFFAIRS Proposed Rulemaking Harbors, Marine safety, Navigation (water), Reporting and recordkeeping 38 CFR Part 3 Three commenters stated support for requirements, Security measures, concurrent receipt. These commenters RIN 2900–AM13 Waterways. did not suggest any changes to the proposed rule, and we make no change I For the reasons discussed in the Phase-In of Full Concurrent Receipt of Military Retired Pay and Veterans based on these comments. preamble, the Coast Guard amends 33 Two commenters questioned the 20- Disability Compensation for Certain CFR part 165 as follows: year service requirement for the Military Retirees PART 165—REGULATED NAVIGATION program, and why those who are AREAS AND LIMITED ACCESS AREAS AGENCY: Department of Veterans Affairs. medically retired from the military, with ACTION: Final rule. less than 20 years of service, have to I 1. The authority citation for part 165 give up their retired pay in order to continues to read as follows: SUMMARY: The Department of Veterans receive disability compensation. Title Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Affairs (VA) is amending its regulations 10 U.S.C. 1414(b)(2) clearly precludes Chapter 701; 50 U.S.C. 191, 195; 33 CFR concerning concurrent receipt of persons medically retired with less than 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. military retired pay and veterans’ 20 years of service from concurrently

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receiving retired pay and VA benefits. retired pay’’ to ‘‘classified as retired regulatory approaches that maximize Thus, in this rulemaking, VA is simply pay’’ to clarify that the service net benefits (including potential implementing existing law passed by department need not use the specific economic, environmental, public health Congress. VA does not have authority to adjective ‘‘military’’ in its classification. and safety, and other advantages; change the eligibility requirements No substantive change is intended by distributive impacts; and equity). The provided by statute regarding the this clarification. Order classifies a rule as a significant concurrent receipt of retired pay and VA regulatory action requiring review by Changes Necessitated by Section 663 of benefits for retired veterans. However, the Office of Management and Budget if Public Law 109–163 we have removed the general 20-year- it meets any one of a number of service requirement from proposed On January 6, 2006, section 663 of the specified conditions, including: Having § 3.750(b)(1) because 10 U.S.C. 1414 National Defense Authorization Act for an annual effect on the economy of $100 contains no such requirement. Fiscal Year 2006, Public Law 109–163, million or more, creating a serious Moreover, because we believe that amended section 1414 of title 10, United inconsistency or interfering with an several of the comments, as well as our States Code. Section 663 permits certain action of another agency, materially own internal review during the veterans who are eligible for military altering the budgetary impact of comment period, suggest a need for retired pay and for veterans’ disability entitlements or the rights of entitlement some clarification as to the waivers compensation for 100-percent disability recipients, or raising novel legal or required by 10 U.S.C. 1414 of persons based on a determination of individual policy issues. VA has examined the retired under chapter 61 of title 10, unemployability to receive concurrent economic, legal, and policy implications U.S.C., we have slightly modified the payment of both military retired pay of this final rule and has concluded that structure and language of § 3.750(b)(2). and disability compensation subject to it is a significant regulatory action under Paragraph (b)(2) now clearly states that the phase-in period during the period Executive Order 12866. persons retired under chapter 61 must beginning on January 1, 2004, and comply with any waivers required by ending on September 30, 2009. VA Unfunded Mandates § 3.750(c) as well as any waivers adjudicates individual unemployability The Unfunded Mandates Reform Act required by 38 U.S.C. 5304 and 5305, claims under 38 CFR 4.16. Based on this of 1995 requires, at 2 U.S.C. 1532, that which are explicitly applicable to change in law, we have included agencies prepare an assessment of chapter 61 retirees under 10 U.S.C. veterans receiving disability anticipated costs and benefits before 1414(b)(1). We also clarify in paragraph compensation based on a VA issuing any rule that may result in the (c) the types of waivers applicable to determination of individual expenditure by State, local, and tribal persons who are eligible for both retired unemployability under 38 CFR 4.16 in governments, in the aggregate, or by the pay and disability compensation. These section (b)(1), and added language to private sector, of $100 million or more changes directly implement statutory section (c)(ii) concerning the phase-in (adjusted annually for inflation) in any language, which is not susceptible to a period to incorporate this provision into year. This final rule would have no such different interpretation, and simply the rule. effect on State, local, and tribal clarify the regulation previously VA appreciates the comments governments, or on the private sector. proposed, without changing the rights submitted in response to the proposed Catalog of Federal Domestic Assistance and obligations governed by that rule. Based on the rationale stated in the Numbers and Titles regulation. proposed rule and in this document, the One commenter stated that the proposed rule is adopted as a final rule The Catalog of Federal Domestic amendment to 10 U.S.C. 1414 made by with the changes noted above. Assistance program numbers and titles section 641 of Public Law 108–136 will for this rulemaking are 64.104, Pension also affect 10 U.S.C. 1408, The Paperwork Reduction Act for Non-Service-Connected Disability Uniformed Services Former Spouses This document contains no provisions for Veterans; 64.105, Pension to Protection Act, Public Law 97–252, 96 constituting a collection of information Veterans Surviving Spouses, and Stat. 730 (1982)), which is administered under the Paperwork Reduction Act (44 Children; and 64.110, Veterans by the Department of Defense (DoD). U.S.C. 3501–3521). Dependency and Indemnity The commenter asserted that, in Compensation for Service-Connected Regulatory Flexibility Act affecting section 1408, the new Death. provisions will affect State, local or The Secretary hereby certifies that tribal governments as they this final rule will not have a significant List of Subjects in 38 CFR Part 3 independently adjudicate civil court economic impact on a substantial Administrative practice and marital separation agreements and number of small entities as they are procedure, Claims, Disability benefits, divorce decrees, which are required to defined in the Regulatory Flexibility Pensions, Veterans. address protection of a military service Act, 5 U.S.C. 601–612. The reason for Approved: August 10, 2006. person’s rights. This comment is outside this certification is that this amendment Gordon H. Mansfield, of the scope of the proposed regulation. would not directly affect any small Deputy Secretary of Veterans Affairs. The commenter suggested no changes to entities. Only VA beneficiaries could be the regulation; the comment questioned directly affected. Therefore, pursuant to I For the reasons set out in the a statute’s effect on another, tangentially 5 U.S.C. 605(b), this final rule is exempt preamble, 38 CFR part 3 is amended as related statute that is outside VA’s from the initial and final regulatory set forth below: authority. Therefore, we make no flexibility analysis requirements of PART 3—ADJUDICATION change based on this comment. sections 603 and 604. In paragraph (a), we changed, ‘‘For the Executive Order 12866 Subpart A—Pension, Compensation, purposes of this section,’’ to read, ‘‘For and Dependency and Indemnity the purposes of this part,’’ because all Executive Order 12866 directs Compensation part 3 references to military retired pay agencies to assess all costs and benefits meet this definition. Also in paragraph of available regulatory alternatives and, I 1. The authority citation for part 3, (a), we changed ‘‘classified as military when regulation is necessary, to select subpart A continues to read as follows:

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Authority: 38 U.S.C. 501(a), unless military retired pay in the same manner the claimant was not advised of his or otherwise noted. as countable income from other sources. her right of election and its effect. I 2. Revise § 3.750 to read as follows: (c) Waiver—(1) When a waiver is (Authority: 38 U.S.C. 5304(a), 5305) necessary. (i) A waiver of military § 3.750 Entitlement to concurrent receipt retired pay is necessary in order to [FR Doc. E6–19603 Filed 11–17–06; 8:45 am] of military retired pay and disability receive disability compensation when a BILLING CODE 8320–01–P compensation. veteran is eligible for both military (a) Definition of military retired pay. retired pay and disability compensation For the purposes of this part, military but is not eligible under paragraphs ENVIRONMENTAL PROTECTION retired pay is payment received by a (b)(1) or (b)(2) of this section to receive AGENCY veteran that is classified as retired pay both benefits at the same time. by the Service Department, including (ii) All veterans who are eligible to 40 CFR Part 70 retainer pay, based on the recipient’s receive both military retired pay and [AZ–06–01; FRL–8243–8] service as a member of the Armed disability compensation at the same Forces or as a commissioned officer of time under paragraphs (b)(1) or (b)(2) of Notice of Resolution of Notice of the Public Health Service, the Coast and this section, except those receiving Deficiency for Clean Air Operating Geodetic Survey, the Environmental compensation for a disability rated 100 Permits Program; Maricopa County, AZ Science Services Administration, or the percent, must file a waiver in order to National Oceanic and Atmospheric receive the maximum allowable amount AGENCY: Environmental Protection Administration. of disability compensation during the Agency (EPA). (b) Payment of both military retired phase-in period. For veterans receiving ACTION: Notice of resolution. pay and disability compensation or disability compensation based on a VA SUMMARY: EPA issued a notice of improved pension—(1) Compensation. determination of individual deficiency on May 17, 2005, in which Subject to paragraphs (b)(2) and (b)(3) of unemployability, the phase-in period EPA identified problems with Maricopa this section, a veteran who is entitled to ends on December 30, 2009. For all County’s Clean Air Act title V operating military retired pay and disability other veterans, the phase-in period ends permits program and a timeframe for the compensation for a service-connected on December 31, 2013. After the phase- County to correct these deficiencies. disability rated 50 percent or more, or in period, veterans retired under 10 The Maricopa County Air Quality a combination of service-connected U.S.C. chapter 61 who are eligible for Department submitted corrections to its disabilities rated at 50 percent or more, concurrent receipt must still file a permit program in quarterly updates under the schedule for rating disabilities waiver under the circumstances beginning in February 2006 and in a (38 CFR part 4, subpart B), or based on described in paragraph (b)(2)(ii) of this final submittal dated October 20, 2006. a determination of individual section. unemployability under 38 CFR 4.16, is This notice announces that, based on entitled to receive both payments (Authority: 10 U.S.C. 1414, 38 U.S.C. 5304, information provided by Maricopa 5305) subject to the phase-in period described County Air Quality Department, EPA in paragraph (c) of this section. (2) How to file a waiver of military concludes that Maricopa County has (2) Chapter 61 disability retirees retired pay. A veteran may request a resolved all of the issues identified in retiring with 20 or more years of service. waiver of military retired pay in any the May 17, 2005 Notice of Deficiency. Disability retired pay payable under 10 written, signed statement, including a As a result, EPA will not impose U.S.C. Chapter 61 to a veteran with 20 VA form, which reflects a desire to sanctions set forth under the mandatory or more years of creditable service may waive all or some military retired pay. sanctions provisions of the Clean Air be paid concurrently with disability The statement must be submitted to VA Act. In addition, EPA will not compensation to a qualifying veteran or to the Federal agency that pays the promulgate, administer, and enforce a subject to the following: veteran’s military retired pay. VA will whole or partial operating permit (i) Any waiver required during the treat as a waiver an application for VA program pursuant to the title V phase-in period under paragraph compensation filed by a veteran who is regulations of the Clean Air Act within (c)(1)(ii) of this section; and entitled to military retired pay. two years after the date of the finding of (ii) if the veteran’s disability retired (d) Elections and the right to reelect deficiency. pay exceeds the amount of retired pay either benefit. (1) A veteran who has DATES: Effective Date: November 9, the veteran would have received had the filed a waiver of military retired pay 2006. Because this Notice of Deficiency veteran retired based on length of under this section has elected to receive is an adjudication and not a final rule, service, the veteran must waive that disability compensation. A veteran may the Administrative Procedure Act’s 30- excess amount of disability retired pay reelect between benefits covered by this day deferral of the effective date of a in order to receive VA disability section at any time by submitting a rule does not apply. written, signed statement to VA or to the compensation. FOR FURTHER INFORMATION CONTACT: (3) Chapter 61 disability retirees Federal agency that pays the veteran’s Anna Yen, EPA, Region 9, Air Division retiring with less than 20 years of military retired pay. (AIR–3), 75 Hawthorne Street, San (2) An election filed within 1 year service. Veterans who receive disability Francisco, CA 94105, (415) 972–3976, or from the date of notification of retired pay under 10 U.S.C. Chapter 61 [email protected]. with less than 20 years of creditable Department of Veterans Affairs service are not eligible for concurrent entitlement will be considered as SUPPLEMENTARY INFORMATION: receipt. ‘‘timely filed’’ for effective date Throughout this document, ’’we,’’ ‘‘us’’ (4) Improved Pension. A veteran may purposes. See § 3.401(e)(1). If the and ‘‘our’’ refer to EPA. receive improved pension and military veteran is incompetent, the 1-year Table of Contents retired pay at the same time without period will begin on the date that I. Background having to waive military retired pay. notification is sent to the next friend or II. Maricopa County’s Submittal and EPA’s However, in determining entitlement to fiduciary. In initial determinations, Determination improved pension, VA will treat elections may be applied retroactively if III. EPA’s Action

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IV. Administrative Requirements II. Maricopa County’s Submittal and title V program must require that the EPA’s Determination owners or operators of part 70 sources I. Background On August 15, 2005, Maricopa County pay annual fees, or the equivalent over On May 17, 2005, EPA issued a notice Air Quality Department (MCAQD) some other period, that are sufficient to of deficiency (NOD) for the title V submitted a corrective action plan cover the permit program costs. 42 operating permits program in Maricopa entitled ‘‘Response to EPA Notice of U.S.C. 7661a(b)(3) and 40 CFR 70.9(b) County, Arizona. (70 FR 32243, June 2, Deficiency & Title V Audit’’ to EPA. In provide that a permitting authority may 2005). The NOD was based upon EPA’s the plan, MCAQD responded to each collect fees that cover the actual permit findings that the County’s title V deficiency noted in the May 17, 2005 program costs, or may use a program did not comply with the NOD and to each finding in EPA’s title presumptive fee schedule, adjusted for requirements of the Clean Air Act (CAA V program evaluation report by inflation. or Act) or with the implementing proposing a correction for each Maricopa County’s permit fee regulations at 40 CFR part 70. The deficiency and an action to address each structure is a combination of an deficiencies EPA found were in two EPA finding. The submittal also application fee, hourly-based processing main categories: (1) Permit fees and (2) included a timeline that showed fee, annual administrative fee, and permit processing. milestones and dates for completion of annual emissions-based fee. The emissions-based fee is less than EPA’s Maricopa County was required to each milestone. Beginning in February 2006, Maricopa presumptive minimum, and, since other address these deficiencies within 18 County Air Quality Department components of the permit fees are not months of the effective date of the NOD, (MCAQD) submitted quarterly updates assessed on a per-ton basis, it was or the County would be subject to the to EPA to show its progress in correcting difficult to determine if the aggregate of sanctions under 40 CFR 70.10(b)(3) and the deficiencies noted in the NOD and the fees met the presumptive minimum. section 179(b) of the Act. In addition, 40 in addressing the findings of the title V In addition, though Maricopa County CFR 70.10(b)(4) provides that, if the program evaluation report. The was able to account for title V revenues permitting authority has not corrected submittals included numerous quite accurately, it did not have a clear the deficiency within 18 months of the attachments, many of which were new accounting of its costs incurred under date of the finding of deficiency, EPA policy documents, guidance documents, title V. Therefore, Maricopa County was will promulgate, administer, and and standard operating procedures. On not able to demonstrate that title V enforce a whole or partial program October 23, 2006, EPA received permit fees collected were sufficient to within 2 years of the date of the finding. MCAQD’s submittal, the ‘‘Response to fund its title V program. Region 9 performed a title V program the Notice of Deficiency,’’ (NOD To address this issue, MCAQD evaluation of Maricopa County Response), dated October 20, 2006. The provided a fee demonstration to show Environmental Services Department NOD Response is available to view in that the aggregate of its title V fees is (MCESD) beginning May 27, 2004. On the docket, Docket ID No. AZ– equivalent to a fee greater than the May 18, 2005, Region 9 issued the final Maricopa–06–1–OPS. In the NOD presumptive minimum, as allowed by program evaluation report 1 to MCESD. Response, and the preceding quarterly 40 CFR 70.9(b)(2)(i). MCAQD charges a The deficiencies identified in the NOD updates, MCAQD explained and dollar-per-ton emissions-based fee for are a subset of the findings described in documented how each of the actual emissions of all regulated the program evaluation report. While deficiencies identified in the NOD had pollutants emitted during the previous the program evaluation report was still been, or were being, addressed. The calendar year. Therefore, the fee being finalized, Maricopa County NOD Response contains documented demonstration includes fiscal year 2006 initiated a number of changes. In internal organizational and operational (July 2005 through June 2006) title V November of 2004, Maricopa County changes within MCAQD, an interim revenue, the total reported emissions of created a new Air Quality Department, guidance document for title V permit regulated pollutants for calendar year separate from MCESD. In addition, revisions, a copy of the revised fee rule 2005, and the resulting dollar-per-ton Maricopa County filled two key and new delinquent fee policy, a fee number, which was compared with management positions in the Maricopa demonstration, a description of the EPA’s presumptive minimum adjusted County Air Quality Department improved accounting system, a for inflation. MCAQD showed that the (MCAQD): Department Director and workload assessment for title V, and equivalent of the aggregate of its title V 3 Permit Engineering Division Manager. other supporting attachments. fees in fiscal year 2006 was greater In March 2005, Robert Kard was hired This notice focuses only on MCAQD’s than EPA’s presumptive minimum responses to correct the deficiencies which, adjusted for fiscal year 2006, is as the new Department Director. In 4 April 2005, Kathlene Graf was promoted identified in the NOD. Based on the $39.48/ton. Therefore, by 40 CFR information in MCAQD’s NOD to the position of Permit Engineering Response, and the preceding quarterly 3 Because changes and improvements were being Division Manager.2 With the updates, EPA has determined that made to MCAQD’s accounting system throughout reorganization and new management, fiscal year 2006, title V program revenue and MCAQD has demonstrated that it has Maricopa County has implemented or expenses may not be 100% accurate in reflecting resolved each of the issues listed in the begun to implement many the title V program. However, MCAQD feels it is of May 17, 2005 NOD, as discussed below. sufficient acuracy to show that the aggregate of its improvements to its title V program, in fees is substantially greater than EPA’s presumptive terms of both accepted practices and A. Permit Fees minimum. MCAQD is in the process of completing formalized procedures. reconciliation of fiscal year 2006 title V revenues 1. Demonstration of Sufficient Fees To and expenses to the extent possible, and any Cover Program Costs and That Fees Are corrections made will be reflected in the title V 1 The report titled ‘‘Maricopa County Used Solely for Title V reporting category being established to track the Environmental Services Department Title V title V fund balance. Operating Permit Program Evaluation,’’ is available a. Fee Demonstration 4 September 19, 2005, Memorandum, Calculation at http://www.epa.gov/region09/air/titlevevals.html. of the Part 70 Presumptive Minimum Fee Effective 2 MCAQD has nine divisions, one of which is the Pursuant to 42 U.S.C. 7661a(b)(3) and from September 2005 through August 2006, from Permit Engineering Division. 40 CFR 70.9(a), a permitting authority’s Jeff Herring, Operating Permits Group, ITPID,

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70.9(b)(2)(i), EPA presumes that With the improvements to its above new reporting code coupled with MCAQD’s fee schedule results in the accounting system, MCAQD only the existing review procedures will collection and retention of revenues partially addressed the issue of reinforce MCAQD’s ability to show that sufficient to cover the title V permit demonstrating that title V permit fees title V funds are being used solely for program costs. are used solely for title V program costs. title V program costs. MCAQD realized that it still needed to 2. Revision of Maricopa County’s Fee b. Demonstration of Title V Fees Being address the scenario of title V revenues Rule Used Solely for the Title V Program exceeding title V costs. Currently, all As stated above, Maricopa County title V revenues and costs 5 are coded Maricopa County’s fee rule, Rule 280, was able to account for title V revenues; before being deposited into or prevented the permitting authority from however, it did not have a clear withdrawn from the Air Quality Fee issuing a final initial title V permit, accounting of costs incurred under title Fund. MCAQD has the ability to permit revision, or renewal permit if the V. Furthermore, Maricopa County identify and total the revenues source did not pay the balance of fees maintained a single account for title V originating from the title V program and due. Maricopa County’s Rule 280 fees, non-title V fees, and enforcement manually track costs against the title V § 301.1, at the time of NOD issuance, penalties. Both title V and non-title V revenue total. However, to facilitate stated, ‘‘The Control Officer shall not costs were paid from this account. tracking of title V revenues and costs, issue a permit or permit revision until Section 502(b) of the Act, 42 U.S.C. MCAQD plans to implement an the balance due on the itemized invoice 7661a(b), and 40 CFR 70.9(a) provide automated method of tracking the title is paid in full.’’ Maricopa County that a permitting authority’s title V V portion of the Air Quality Fee Fund encountered problems with program must ensure that all title V fees by setting up a reporting category code implementation of this rule when are used solely for title V permit in the financial system, similar to the several sources refused to pay the program costs. way its grant revenue and costs are balance of permit fees due when they tracked. This reporting code will, in were dissatisfied with certain To correct this deficiency, MCAQD conditions in their permits. Existing started out by hiring a third party to effect, generate a ‘‘fund balance report’’ on a regular basis to provide a year-to- sources retain the initial application conduct an audit of its accounting shield granted upon their submittal of a system, department-wide. MCAQD’s date total of title V revenues, a year-to- date total of title V costs, and the net complete application; thus, these existing accounting system was an sources claimed that they could activity-based system to an extent; i.e., balance. It will also provide inception- to-date totals and net balance. This will continue to operate without an it did tag certain revenues with operating permit. The problem was identifiers to distinguish one program’s allow MCAQD to know immediately, upon receipt of the report, the title V exacerbated by the fact that Maricopa revenue from another program’s County did not enforce against those revenue. However, the system did not balance. Currently, Maricopa County’s sources that refused to pay fees. provide enough detail such that title V The first step MCAQD took in costs could be accurately identified. The Department of Finance generates a fund balance report monthly for the existing correcting this deficiency was to audit findings led to correction of implement a policy directive that existing accounting identifiers for costs funds with reporting codes (e.g., grant funds). The fund balance report is required permit fee payment within 30 and revenues and creation of new days of the conclusion of the month in accounting identifiers. Each title V reviewed, reconciled, and certified for accuracy by MCAQD’s Financial which a source was billed. While direct revenue and cost is now tagged MCAQD worked on revising its Rule with one of the following two activity Administrator. A written response to Maricopa County’s Department of 280, it also created a policy document codes: LSPC (Large Source Permit to provide a consistent process for Compliance) and LSPR (Large Source Finance is required to certify/validate the information on the report. The collecting unpaid fees charged to Permit Engineering Review). These owners, operators, applicants, and/or codes are now reflected in MCAQD’s procedure will not differ once the title V reporting code is set up in the permittees of sources of air pollution financial, personnel, and budgeting subject to the Maricopa County Air systems for all revenues and costs. financial system. With its accounting system Pollution Control Regulations. The MCAQD has also defined formulas to improvements, MCAQD has document serves as guidance for allocate title V indirect costs (e.g., demonstrated that it has the systematic MCAQD personnel. administrative, ambient monitoring, MCAQD completed revisions to its ability to provide a detailed accounting planning, modeling) to the appropriate Rule 280 in February 2006. It added the of title V program costs separately from activity codes, thus allowing for a full following language to the rule: ‘‘The other program costs. In addition, the accounting of its title V program costs. Control Officer may deny a permit, a With this new accounting system, 5 Costs such as salaries and benefits are charged permit revision, or a permit renewal in MCAQD has been able to submit to EPA to the organizational unit to which the employee accordance with Rule 200 of these rules a table of title V revenues and costs, belongs or supports. These determinations are made if the applicant does not pay fees listed by activity code and by general jointly by MCAQD’s Financial Administrator, the required for billable permit actions applicable program manager, and the Planning and category of revenue/cost, for fiscal year Analysis Division Manager. Costs such as supplies, within 90 days of the invoice date.’’ 2006. MCAQD showed that, for fiscal services, and capital outlays are charged in the MCAQD also removed the $40,000 year 2006, its total title V revenues were organizational unit that will use the purchased maximum fee for processing Title V more than sufficient to fund total title V items/services to the extent possible. The program permit applications, thus enabling manager determines, with assistance from costs, thus confirming the results of MCAQD’s Finance Division, the appropriate MCAQD to recover the full cost MCAQD’s fee demonstration that used organizational unit and activity code to which the associated with issuing a Title V permit. EPA’s presumptive minimum as a basis costs should be charged. All expenditures require The Maricopa County Board of for comparison. approval by a program manager and the Financial Supervisors approved revisions to the Administrator. On a monthly basis, program managers review revenue and costs charged to their rule on July 12, 2006, and the Notice of OAQPS, to Operating Permits Contacts EPA Regions organizational unit and corresponding activity Final Rulemaking was published in the I–X. codes. Arizona Administrative Register on

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August 18, 2006. Though EPA did not reach a determination of the type of 3. Adequate Administering of Fees To include this step in the NOD as a permit it would need. Provide Sufficient Staffing correction to the deficiency, MCAQD MCAQD plans to accomplish the Section 502(b) of the Act, 42 U.S.C. also plans to formally submit the following implementation steps by 7661a(b), and 40 CFR 70.4 provide that revised Rule 280 to EPA (through the November 17, 2006: (1) Distribute a a permitting authority must have State) as a revision to the title V copy of the guidance document to all adequate personnel to ensure that the program once all formal rulemaking current title V permit holders; (2) permitting authority can carry out documents are available (e.g., Board of Include the guidance document with all implementation of its title V program. In Supervisor’s certification, publication title V permit application forms the NOD, EPA identified the deficiency affidavits, Notice of Final Rulemaking). provided to applicants; (3) Publish the that Maricopa County was not B. Permit Processing guidance document with printed and adequately staffing its title V program. on-line versions of Rule 210, to be MCAQD’s strategy for hiring and 1. Implementation Guidance Document distributed by the County; and (4) retaining adequate staffing for To Ensure That Title V Permits Assure Provide training to title V permit staff successful implementation of its title V Compliance With All Applicable on the administration of this guidance. program included the following Requirements MCAQD plans to revise its rules when elements, not necessarily in this order: Pursuant to 40 CFR 70.7(a)(1)(iv), title it makes the changes necessary for NSR (1) Conduct a countywide market study V permits must assure compliance with Reform. MCAQD states that it must wait to evaluate current job descriptions, all applicable requirements, including for the Arizona Department of career ladders, and salaries, for an new source review (NSR) requirements. Environmental Quality to make the ‘‘environmental engineering specialist’’ Maricopa County issues combined changes to the State rules before it can position; (2) implement salary increases preconstruction/operating permits, with proceed. The Interim Guidance based on the market study results; (3) the intention of meeting both the NSR Document will be effective only until perform a workload assessment to requirements in its State the time MCAQD completes its NSR estimate the number of permitting staff Implementation Plan (SIP) and the part rulemaking to codify the principles needed; (4) recruit for the additional 70 requirements in its title V program. spelled out in the guidance document. permitting staff positions; and (5) Maricopa County, at times, address career development (e.g., review implemented its title V rule, Rule 210, 2. Written Procedures on Processing of job classifications, implement a formal without proper consideration of the Permit Revisions training program for staff, provide requirements of its NSR SIP Rule 20, mentorship to staff). resulting in the submittal to EPA of title EPA noted two deficiencies related to Maricopa County has a history of high V permits that did not contain all Maricopa County’s processing of permit staff turnover within the Permit applicable requirements. revisions: (a) Maricopa County did not Engineering Division. As will be MCAQD has been working take adequate steps to ensure that described in further detail below, EPA, continuously over the past year, and significant permit revisions were not in its title V program evaluation report, communicating regularly with EPA, on incorrectly processed as minor permit listed poor compensation as one of the an implementation guidance document. revisions; and (b) Maricopa County contributing factors to low morale at It has also given industry an typically did not issue a separate Maricopa County. To address this issue, opportunity to comment. MCAQD revised permit document or technical Maricopa County’s general human submitted a final implementation support document when processing its resources department conducted a guidance document entitled ‘‘Interim minor permit revisions. Instead, it market study countywide to evaluate Guidance Document for Title V Permit signed the application for the minor current job descriptions, career ladders, Revisions’’ in the NOD Response. The permit revision and allowed it to serve and salaries, for an ‘‘environmental guidance document explains how title V as the final minor permit revision. engineering specialist.’’ Based on the sources and MCAQD will ensure that MCAQD’s implementation guidance results of the study, salary increases changes or modifications to an document entitled ‘‘Interim Guidance were approved and became effective emissions unit or operation at a title V Document for Title V Permit Revisions,’’ December 5, 2005. source will comply with both the which was part of the NOD Response, MCAQD also analyzed its workload to preconstruction provisions in the NSR provides a procedure for determining determine the number of additional SIP and the permitting procedures in the appropriate processing track for title staffpersons it would need in the Permit the current Rule 210. Before making V permit revisions. One of MCAQD’s Engineering Division. As part of the changes subject to the NSR SIP, title V objectives with this guidance document NOD Response, MCAQD submitted a sources must obtain preconstruction is to facilitate its own efforts to ensure title V-specific workload assessment for approval from the County. By laying out that significant permit revisions are not fiscal year 2006 in which MCAQD procedures for determining the incorrectly processed as minor revisions estimated that it would need a total of appropriate processing track for title V under the title V program. Regarding the eight title V engineers. MCAQD permit revisions and using flowcharts to deficiency involving minor permit projected a need for three contract step through the gatekeepers, the revisions, MCAQD has changed its engineers to complete its backlog of guidance document provides guidance practices to ensure that a minor permit work. On March 1, 2006, the Board of not only for distinguishing between a revision, and not just a signed Supervisors approved MCAQD’s request significant revision and a minor revision application, is issued. Furthermore, for an additional four full-time under the title V program, but also for MCAQD has implemented a new employees (FTEs) for the title V group determining whether preconstruction procedure which requires that all title V of the MCAQD Permit Engineering approval is required pursuant to its SIP permit revisions be signed by the Division. In addition, the Board of Rule 20. The guidance document also Permitting Division Manager and Supervisors approved three contract suggests that a title V source use an Department Director, unless MCAQD engineering positions, each with a one- attached checklist to document how it formalizes delegation of the authority to year contract, for title V work. If proceeded through the flowcharts to a management level official. MCAQD is able to fill the four FTE

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positions, the resulting total number of positions can be filled. MCAQD’s fee Air pollution control, Incorporation by title V engineers will be eight, which is rule allows MCAQD to bill a source for reference, Intergovernmental relations, consistent with MCAQD’s latest the cost of obtaining consultants for Operating permits, Reporting and workload assessment. MCAQD is expedited permit processing. Because recordkeeping requirements. actively recruiting to fill the four open MCAQD has an approved consultant Dated: November 9, 2006. title V engineer positions, as well as the list, the entire process from sending Wayne Nastri, three contract engineer positions. requests for proposals (RFP) to selecting EPA noted in its title V program a bidder takes only about 30 to 60 days, Regional Administrator, Region 9. evaluation report that poor which is substantially faster than the [FR Doc. E6–19555 Filed 11–17–06; 8:45 am] compensation and lack of opportunity standard RFP process. Since 2005, one BILLING CODE 6560–50–P for career development contributed to permitting action has been completed low morale at Maricopa County.6 So as by a consultant through this expedited ENVIRONMENTAL PROTECTION part of its strategy to retain existing process. Currently, there are three AGENCY staff, Maricopa County focused on these consulting firms under contract, each one working on a different permitting two main issues. As noted earlier, 40 CFR Part 80 Maricopa County addressed the first action. MCAQD estimates that the work issue of poor compensation through a performed by the consultants for these Regulation of Fuels and Fuel Additives market study and resulting salary four projects (the one completed and the increases. To address the second issue three still in progress) would be CFR Correction equivalent to the work performed by 3 of career development, MCAQD has In Title 40 of the Code of Federal FTEs. MCAQD plans to continue to use begun to develop or has already Regulations, parts 72 to 80, revised as of consultants as necessary. completed the following actions EPA July 1, 2006, on page 695, § 80.75 is MCAQD submitted to EPA a strategy recommended in the title V program corrected by reinstating paragraph (a)(2) to hire and retain adequate staff to evaluation report: a review of the job to read as follows: classifications that would apply to title successfully implement its title V V engineers, implementation of a program. Included in the submittal was § 80.75 Reporting requirements. training program for staff, creation of an updated workload assessment * * * * * specific to title V tasks. MCAQD also standard operating procedures (SOPs), (a) * * * and providing mentorship to staff. described a contingency plan if it was (2) The following information shall be Regarding job classifications, MCAQD unable to fill open title V engineering included in each quarterly report for has streamlined the number of positions. MCAQD has followed each batch of reformulated gasoline or ‘‘environmental engineering specialist’’ through on implementation of its RBOB which is included under (EES) job classifications from three to strategy and, though it has not paragraph (a)(1) of this section: two and changed the definition of each completed all steps, we are confident classification in an effort to clarify the that MCAQD will continue its efforts (i) The batch number; criteria for salary increases and until it is able to fill all open title V (ii) The date of production; promotions. MCAQD has placed more of positions. (iii) The volume of the batch; an emphasis on number of years of III. EPA’s Action (iv) The grade of gasoline produced experience as well as having a (i.e., premium, mid-grade, or regular); professional engineering (P.E.) license. EPA is notifying the public that, based on the information provided by (v) For any refiner or importer: For example, MCAQD decided to MCAQD, internal operational changes (A) Each designation of the gasoline, eliminate the former EES Intern within MCAQD, and a Maricopa County pursuant to § 80.65; and classification which required no rule change, EPA has determined that (B) The properties, pursuant to experience; instead, the current first- Maricopa County has resolved each of §§ 80.65 and 80.66; level EES classification requires at least the deficiencies identified by EPA in the two years of experience, and the second- (vi) For any importer, the PADD in NOD for Maricopa County’s title V level EES classification requires a P.E. which the import facility is located; operating permits program, 70 FR 32243 license. In addition, as evidenced by the (vii) [Reserved] (June 2, 2005). Therefore, based on the implementation of salary increases on (viii) In the case of any previously rationale set forth above, EPA is not December 5, 2005, the range of salaries certified gasoline used in a refinery invoking sanctions pursuant to section for each of the current EES operation under the terms of § 80.65(i), 179(b) of the Act, nor administering any the following information relative to the classifications is higher than that for any portion of the County’s operating of the former EES classifications. In fact, previously certified gasoline when permits program, pursuant to 40 CFR received at the refinery: the range of salaries for the current 70.10(b)(4). second-level EES classification is even (A) Identification of the previously higher than that for the former EES IV. Administrative Requirements certified gasoline as such; Supervisor classification.7 Under section 307(b)(1) of the Clean (B) The batch number assigned by the MCAQD has a contingency plan in Air Act, petitions for judicial review of receiving refinery; place until the open title V engineering today’s action must be filed in the (C) The date of receipt; and United States Court of Appeals for the (D) The volume, properties and 6 See Finding 7.6 of EPA’s program evaluation appropriate circuit by January 19, 2007. report. designation of the batch. 7 According to MCAQD Human Resources, the List of Subjects in 40 CFR Part 70 * * * * * average salary increase for the MCAQD Permit Engineering Division per employee ranged from Environmental protection, [FR Doc. 06–55529 Filed 11–17–06; 8:45 am] 0.21% to 21%. Administrative practice and procedure, BILLING CODE 1505–01–D

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DEPARTMENT OF THE INTERIOR II. Discussion of the Final Rule 203, the BLM must publish a Notice of III. Procedural Matters Realty Action (NORA) in the Federal Bureau of Land Management I. Background Register and send the NORA to interested parties within 60 days prior 43 CFR Parts 2091 and 2710 The Secretary of the Interior is to the sale (43 CFR 2711.1–2(a)). The authorized to sell public lands managed [WO–350–05 1430 PN] notice also provides for a 45-day by the BLM pursuant to section 203 of comment period on the proposed public RIN 1004–AD74 the Federal Land Policy and land sale. The existing regulation states Management Act of 1976 (43 U.S.C. that when the NORA is published in the Public Sales 1713) (FLPMA). Regulations Federal Register, the lands proposed for implementing the Secretary of the sale are segregated from appropriation AGENCY: Bureau of Land Management, Interior’s authority to sell such lands are under the public land and mineral laws Interior. located in 43 CFR part 2710. These for a term not to exceed 270 days (43 ACTION: Final rule. regulations, issued in 1980 and partially CFR 2711.1–2(d) and 2091.2–1(b)). amended in 1984, explain the following: FLPMA does not provide expressly SUMMARY: The Bureau of Land • Policies pertaining to the BLM Management (BLM) amends its public land sale program (43 CFR for a segregation period in conjunction procedural regulations pertaining to the 2710.0–6); with a FLPMA section 203 sale (43 time allowed for the segregation of • Definitions of applicable terms (43 U.S.C. 1713). However, when the sale public lands proposed for sale. Under CFR 2710.0–5); regulations were amended in 1984, the existing regulations, the BLM may • The criteria and means by which BLM added a segregation provision, segregate these lands from the operation lands are determined suitable for limited to maximum duration of 270 of the public land and mineral laws for FLPMA section 203 sales (43 CFR days. The 270-day period has continued a period up to 270 days following 2710.0–3, 2710.0–8 and 2711.1); in effect since that time. publication of a Notice of Realty Action • The criteria for a qualified conveyee The existing 270-day limit on in the Federal Register. The Department or purchaser (43 CFR 2711.2); segregation of public lands proposed for of the Interior has imposed this time • The procedure for sale, especially FLPMA section 203 sales makes it constraint under its discretion and not the notice, segregation provisions and difficult for BLM to fulfill all steps as a requirement of law. The current the competitive, modified competitive, associated with a sale in BLM’s normal segregation period compresses the time and non-competitive methods (43 CFR course of business. Providing the BLM necessary to address comments or 2711. 1–2, 2711.3); and additional time would allow, in the protests the BLM receives after • Certain other procedural matters normal course of business: (i) The publication of a Notice of Realty Action. and requirements relating to conveyance research and documentation needed to In order to address comments or documents (land patents) (43 CFR ensure that a proposed sale is in protests in the normal course of 2711.4 and 2711.5). compliance with planning as well as a business, as to future proposed sales, In regulations issued in 1987 and in variety of other requirements; (ii) the this final rule allows the BLM to part amended in 1993, the BLM opportunity to respond to the comments segregate lands initially for a period of collected and reiterated all of the of the public and interested parties; and up to two years with the option to segregation rules stated throughout the (iii) the leeway to consider and resolve extend, if necessary, the initial period of BLM regulations, including the 270-day any protests lodged by the public or segregation up to two additional years segregation rules pertaining to the interested parties regarding a proposed on a case-by-case basis. The BLM also proposed BLM section 203 sales (43 sale. The BLM is, therefore, publishing is amending its segregation regulation at CFR 2091.2–1(b)). this final rule to enlarge the period of In general, the Administrative 43 CFR 2091.2–1 so that it will be time needed for segregation to meet Procedure Act (APA) requires that consistent with the changes made in the these objectives. federal agencies give notice and provide BLM’s public sale regulations. This final rule will allow a BLM State an opportunity for the public to Director to extend, if deemed necessary DATES: This rule is effective December comment whenever they propose a in that official’s judgment, the duration 20, 2006. regulation or an amendment. However, of a period of segregation for up to a ADDRESSES: Further information or unless precluded by statute, the APA maximum of two additional years on a questions regarding this final rule allows exemptions from its notice and case-by-case basis. Finally, the rule should be addressed in writing to the comment requirement for ‘‘interpretive amends the BLM’s segregation Director (WO 300), Bureau of Land rules, general statements of policy or regulations in 43 CFR part 2091 to be Management 1849 C Street, NW., rules of agency organization, procedure, consistent with the changes this rule Washington, DC, 20240. or practice’’ (5 U.S.C. 553(b)(3). The makes relative to the FLPMA section FOR FURTHER INFORMATION CONTACT: Jeff exception applies in this instance 203 public land sale regulations in 43 Holdren of the BLM’s Lands and Realty because this final rule amends the CFR part 2710. Group at 202 452–7779 for information segregation rules that are part of the about the content of this final rule, or procedure for BLM sales (43 CFR III. Procedural Matters for information regarding BLM’s 2711.1–2). Correspondingly, this final Executive Order 12866, Regulatory regulatory process, Cynthia Ellis of the rule, being procedural in nature, Planning and Review: Clarity of the BLM’s Regulatory Affairs Group at 202 likewise qualifies as a categorical Regulations. 452–5012. Persons who use a exclusion, which exempts the rule from This final rule is not a ‘‘significant telecommunications device for the deaf certain requirements of the National regulatory action’’ as defined in section may contact these named individuals Environmental Policy Act (NEPA). See 3(f) of Executive Order 12866. The final through the Federal Information Relay 42 U.S.C. 4332(C); 40 CFR 1508.4. rule simply allows the BLM needed Service at 1–800–877–8339. II. Discussion of the Final Rule additional time to process FLPMA SUPPLEMENTARY INFORMATION: When public lands are to be offered section 203 public land sale actions by I. Background for sale, pursuant to FLPMA section extending the segregation period

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relative to such sales. Therefore, this effects on competition, employment, Executive Order 13175, Consultation final rule does not require an investment, productivity, innovation, or and Coordination With Indian Tribal assessment of potential benefits and the ability of United States-based Governments costs, nor does it require an explanation enterprises to compete with foreign- In accordance with Executive Order pertaining to the manner in which the based enterprises. The new rule may 13175, the BLM finds that this rule will regulatory action is consistent with a actually provide a reduction in costs to not result in significant changes to BLM statutory mandate. To the extent consumers and others because the BLM policy and that Tribal Governments will allowed by law, this final rule promotes will have more time to provide input not be unduly affected by this rule. This the President’s priorities and avoids into a proposed sale decision, thus rulemaking has no bearing on trust undue interference with state, local, and eliminating the need for extra staffing, lands, or on lands for which title is held tribal governments in the exercise of or overtime that could otherwise be in fee status by Indian tribes or U.S. their governmental functions. This rule required to meet the deadlines under Government-owned lands managed by is not a ‘‘significant regulatory action’’; the existing (former) regulations. the Bureau of Indian Affairs. therefore, the Office of Management and Budget has not reviewed this rule under Unfunded Mandates Reform Act Executive Order 12988, Civil Justice Executive Order 12866. Under section 202 of the Unfunded Reform Regulatory Flexibility Act Mandates Reform Act of 1995 (UMRA) In accordance with Executive Order (2 U.S.C. 1532), the BLM must prepare 12988, the Department of the Interior’s Congress enacted The Regulatory a budgetary impact statement to Office of the Solicitor has determined Flexibility Act of 1980 (RFA) (5 U.S.C. accompany any proposed rule that that this final rule does not unduly 601–612) as amended, to ensure that includes a Federal mandate that may burden the judicial system and meets Government regulations do not result in estimated costs to State, local, the requirements of sections 3(a) and unnecessarily or disproportionately or tribal governments in the aggregate, 3(b)(2) of Executive Order 12988. burden small entities. The RFA requires or to the private sector, of $100 million a regulatory flexibility analysis if a rule Paperwork Reduction Act or more. We expect the estimated costs would have a significant economic to States, local, or tribal governments The BLM has determined that this impact, either detrimental or beneficial, will remain the same, and may be rulemaking does not contain any new on a substantial number of small reduced in some instances by reducing information collection which the Office entities. The BLM has determined that potential overtime costs or other costs of Management and Budget must this final rule, revising CFR 2091.2–1(b) necessary to provide pertinent data approve under the Paperwork Reduction and 2711.1–2(d) to provide for a longer within the existing timeframes. Act of 1995 (44 U.S.C. 3501 et seq.). segregation period of lands being considered for public sales under the Therefore, this final rule is revising 43 National Environmental Policy Act FLPMA section 203, will not have a CFR 2091.2–1(b) to provide a longer The BLM has determined that this significant economic impact on a segregation period for lands being final rule addresses procedural matters, substantial number of small entities considered for public sales under and the FLPMA section 203 sales under the RFA. section 203 of FLPMA and will not themselves represent the culmination of As stated above in the preamble, this result in any unfunded mandates. a planning process that fulfills BLM’s final rule only enlarges the segregation Executive Order 12630, Government NEPA obligations (43 CFR 2710.0–6(a) period so that the BLM has sufficient Action and Interference With and 43 CFR 1600—Planning). Therefore, time to conduct the necessary reviews Constitutionally Protected Property this final rule is categorically excluded and other administrative actions in the Rights (Takings) from environmental review under normal course of business. Small section 102(2)(C) of the National entities could actually gain an In accordance with Executive Order Environmental Policy Act, pursuant to advantage under this final rule because 12630, the BLM has found that this final 516 Departmental Manual (DM), it allows additional time for their rule does not have significant takings Chapter 2, Appendix 1. In addition, this comments on proposed sales to be fully implications. The revision of 43 CFR final rule does not meet any of the 10 considered. 2711.1–2(d) will merely provide a criteria for exceptions to categorical longer segregation period for lands exclusions listed in 516 DM, Chapter 2, Small Business Regulatory Enforcement being considered for public sales under Appendix 2. Pursuant to the Council on Fairness Act (SBREFA) FLPMA section 203. No takings of Environmental Quality regulations (40 This final rule is not a ‘‘major rule’’ personal or real property will occur as CFR 1508.4) and the environmental as defined at 5 U.S.C. 804(2) because it a result of this final rule. A takings policies and procedures of the will not have an annual effect on the implication analysis is not required. Department of the Interior (516 DM 2.3 economy greater than $100 million, nor Executive Order 13132, Federalism A(1)), the term ‘‘categorical exclusions’’ will it result in major cost or price means a category of actions which do increases for consumers, industries, In accordance with Executive Order not individually or cumulatively have a government agencies, or regions. This 13132, the BLM finds that this final rule significant effect on the human final rule will not increase the costs for does not have sufficient federalism environment and that have been found any entities having an interest in the implications to warrant the preparation to have no such effect in procedures sale of the Federal land because new of a federalism summary impact adopted by a Federal agency and for procedures are not being added. The statement. The rule does not have which neither an environmental BLM is only increasing the time substantial direct effect on the States, on assessment nor an environmental provided for the segregation of lands the relationship between the national impact statement is required. being considered for sale to ensure that government and the States, or on the all applicable requirements and distribution of power and Executive Order 13352, Facilitation of procedures are completed properly in responsibilities among the various Cooperative Conservation the normal course of business. The new levels of government. The rule does not In accordance with Executive Order rule will not have significant adverse preempt state law. 13352, the BLM has determined that

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this final rule is administrative in Dated: November 3, 2006. extension is necessary and documents, content, involving only procedural C. Stephen Allred, in writing, why the extension is needed. changes addressing time constraints. Assistant Secretary, Land and Minerals Such an extension will not be renewable This final rule does not impede Management. and cannot be extended beyond the facilitating cooperative conservation; I Accordingly, for the reasons stated in additional two years. If an extension is takes appropriate account of and the preamble and under the authority of deemed necessary, the BLM will considers the interests of persons with the FLPMA (43 U.S.C. 1740), the BLM publish a notice following the same ownership or other legally recognized amends §§2091.2–1(b) and revises procedure as that stated in paragraph (c) interests in land or other natural 2711.1–2(d), Title 43 of the Code of of this section. resources; properly accommodates local Federal Regulations as set forth below: * * * * * participation in the Federal decision- [FR Doc. E6–19502 Filed 11–17–06; 8:45 am] PART 2090—SPECIAL LAWS AND making process; and provides that the BILLING CODE 4310–84–P programs, projects, and activities are RULES consistent with protecting public health I and safety. 1. Revise the authority citation for part 2090 to read as follows: DEPARTMENT OF HOMELAND Executive Order 13211, Effects on the Authority: 43 U.S.C. 1740. SECURITY Nation’s Energy Supply (Executive I Order 13211) 2. Amend § 2091.2–1(b) by adding two Federal Emergency Management sentences at the end of paragraph (b) to Agency This final rule is a purely read as follows: administrative regulatory action and has no implications under Executive Order § 2091.2–1 Segregation. 44 CFR Part 67 13211. * * * * * Final Flood Elevation Determinations (b) * * * The sales provisions of Executive Order 12866, Clarity of the section 43 CFR 2711.1–2(d) provide for AGENCY: Regulations Federal Emergency a segregation period, not to exceed two Management Agency, DHS. Executive Order 12866 requires each years unless, on a case-by-case basis, the ACTION: Final rule. agency to write regulations that are BLM State Director determines that the simple and easy to understand. The extension is necessary and documents, SUMMARY: Base (1% annual chance) BLM invites your comments on how to in writing, why the extension is needed. Flood Elevations (BFEs) and modified make these regulations easier to Such an extension will not be renewable BFEs are made final for the understand, including answers to and cannot be extended beyond the communities listed below. The BFEs questions such as the following: additional two years. and modified BFEs are the basis for the floodplain management measures that 1. Are the requirements in the final PART 2710—SALES; FEDERAL LAND each community is required either to regulations clearly stated? POLICY AND MANAGEMENT ACT adopt or to show evidence of being 2. Do the final regulations contain I already in effect in order to qualify or technical language or jargon that 3. Revise the authority citation for part 2710 to read as follows: remain qualified for participation in the interferes with clarity? National Flood Insurance Program 3. Does the format of the final Authority: 43 U.S.C. 1740. (NFIP). regulations (grouping and order of I 4. Revise § 2711.1–2(d) to read as DATES: Effective Dates: The date of sections, use of headings, paragraphing, follows: issuance of the Flood Insurance Rate etc.) aid or reduce their clarity? Map (FIRM) showing BFEs and § 2711.1–2 Notice of realty action. 4. Would the final regulations be modified BFEs for each community. easier to understand if they were * * * * * This date may be obtained by contacting (d) The publication of the notice of divided into more (but shorter) sections? the office where the maps are available realty action in the Federal Register 5. Is the description of the final for inspection as indicated on the table segregates the public lands covered by below. regulation in the SUPPLEMENTARY the notice of realty action to the extent INFORMATION section of this preamble that they will not be subject to ADDRESSES: The final BFEs for each helpful in making the final regulation appropriation under the public land community are available for inspection easier to understand? laws, including the mining laws. Any at the office of the Chief Executive Officer of each community. The Please send any written comments subsequent application will not be respective addresses are listed in the you have on the clarity of these accepted, will not be considered as table below. regulations to the address specified filed, and will be returned to the above in the ADDRESSES section. applicant if the notice segregates from FOR FURTHER INFORMATION CONTACT: the use applied for in the application. William R. Blanton, Jr., Engineering List of Subjects The segregative effect of the notice of Management Section, Mitigation 43 CFR Part 2091 realty action terminates: (i) Upon Division, 500 C Street, SW., issuance of a patent or other document Washington, DC 20472, (202) 646–3151. Administrative practices and of conveyance to such lands; (ii) upon SUPPLEMENTARY INFORMATION: FEMA procedures, Segregation and opening of publication in the Federal Register of a makes the final determinations listed lands termination of the segregation; or (iii) at below for the modified BFEs for each 43 CFR Part 2710 the end of the specified segregation community listed. These modified period, whichever occurs first. The elevations have been published in Administrative practices and segregation period may not exceed two newspapers of local circulation and procedures, Public lands—mineral years unless, on a case-by-case basis, the ninety (90) days have elapsed since that resources, and Public lands—sale. BLM State Director determines that the publication. The Mitigation Division

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Director has resolved any appeals Environmental Consideration. No List of Subjects in 44 CFR Part 67 resulting from this notification. environmental impact assessment has This final rule is issued in accordance been prepared. Administrative practice and with section 110 of the Flood Disaster Regulatory Flexibility Act. As flood procedure, Flood insurance, Reporting Protection Act of 1973, 42 U.S.C. 4104, elevation determinations are not within and recordkeeping requirements. and 44 CFR part 67. The Agency has the scope of the Regulatory Flexibility I Accordingly, 44 CFR part 67 is developed criteria for floodplain Act, 5 U.S.C. 601–612, a regulatory amended as follows: management in floodprone areas in flexibility analysis is not required. accordance with 44 CFR part 60. Regulatory Classification. This final PART 67—[AMENDED] Interested lessees and owners of real rule is not a significant regulatory action property are encouraged to review the under the criteria of section 3(f) of I 1. The authority citation for part 67 proof Flood Insurance Study and FIRM Executive Order 12866 of September 30, continues to read as follows: available at the address cited below for 1993, Regulatory Planning and Review, Authority: 42 U.S.C. 4001 et seq.; each community. The BFEs and 58 FR 51735. Reorganization Plan No. 3 of 1978, 3 CFR, modified BFEs are made final in the Executive Order 13132, Federalism. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, communities listed below. Elevations at This rule involves no policies that have 3 CFR, 1979 Comp., p. 376. selected locations in each community federalism implications under Executive § 67.11 [Amended] are shown. Order 13132. National Environmental Policy Act. Executive Order 12988, Civil Justice I 2. The tables published under the This rule is categorically excluded from Reform. This rule meets the applicable authority of § 67.11 are amended as the requirements of 44 CFR part 10, standards of Executive Order 12988. follows:

*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified

Licking County, Ohio and Incorporated Areas Docket Nos.: FEMA–B–7454 and B–7462

Beaver Run ...... Approximately 200 feet downstream of State Route 79 ...... +869 Licking County (Unincorporated Areas). Approximately 400 feet downstream of Canyon Road ...... +886 Village of Hebron. Bell Run ...... Approximately 800 feet downstream of U.S. Route 40 ...... +897 Licking County (Unincorporated Areas). Just downstream of Refugee Road ...... +903 Buckeye Lake ...... +893 Licking County (Unincorporated Areas), Village of Buckeye Lake. Clear Run...... Approximately 2,000 feet downstream of Newark-Granville +902 Licking County (Unincorporated Road. Areas), Village of Granville. Approximately at State Route 661 ...... +966 Heath Lateral B ...... Approximately 160 feet upstream of Franklin Avenue ...... +838 City of Heath, City of Newark. Approximately 320 feet upstream of State Route 13 ...... +866 Heath Lateral C ...... Approximately 400 feet downstream of 30th Street ...... +844 City of Heath. Approximately 6,336 feet upstream of State Route 79 ...... +876 Heath Lateral D ...... Just upstream of Irving Wick Drive East ...... +908 Licking County (Unincorporated Areas). Approximately 1,890 feet upstream of Irving Wick Drive East ... +936 City of Heath. Heath Lateral E ...... Just downstream of State Route 79 ...... +862 Licking County (Unincorporated Areas). Approximately 1,250 feet downstream of Conrail Railroad ...... +894 City of Heath. Heath Lateral EA ...... Approximately at confluence with Heath Lateral E ...... +885 Licking County (Unincorporated Areas). Approximately 3,600 feet upstream of confluence with Heath +891 City of Heath. Lateral E. Heath Lateral F ...... Approximately 320 feet downstream of confluence with Heath +877 City of Heath. Lateral FA. Approximately 1,140 feet upstream of confluence with Heath +886 Lateral FA. Heath Lateral FA ...... Approximately 60 feet upstream of confluence with Heath Lat- +878 City of Heath. eral F. Approximately 2,380 feet upstream of confluence with Heath +895 Lateral F. Hebron Tributary ...... Approximately 900 feet downstream of State Route 79 ...... +877 Licking County (Unincorporated Areas). Just downstream of Cumberland Street ...... +888 Village of Hebron. Kiber Run ...... Approximately 5,100 feet downstream of Mink Street ...... +1,047 Licking County (Unincorporated Areas).

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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified

Approximately 3,500 feet upstream of Mink Street ...... +1,073 Village of Johnstown. Muddy Fork ...... Approximately 1,450 feet downstream of State Route 310 ...... +980 Licking County (Unincorporated Areas). Approximately 1,800 feet upstream of Columbia Road ...... +1,024 City of Pataskala. North Fork Licking River ...... Approximately 1,4000 feet upstream of Mt. Vernon Road ...... +890 Village of St. Louisville. Approximately 0.6 miles upstream of Mt. Vernon Road ...... +897 Raccoon Creek ...... Approximately 1,600 feet downstream of CSX Railroad ...... +818 Licking County (Unincorporated Areas). Approximately of 1,100 feet upstream of State Route 37 ...... +1,080 City of Newark, Village of Johnstown, Village of Alexan- dria, Village of Granville. Ramp Creek ...... Approximately 850 feet downstream of Liberty Drive ...... +849 Licking County (Unincorporated Areas). Approximately 100 feet downstream of Thornwood Drive ...... +884 City of Heath. Rocky Fork (Backwater from Approximately 200 feet upstream of Bridge Street ...... +792 Village of Hanover. Licking River). Approximately 200 feet upstream of State Route 16 ...... +792 Sharon Valley Run ...... Approximately at Country Club Road ...... +876 Licking County (Unincorporated Areas). Approximately 300 feet downstream of Jones Road...... +940 City of Newark. South Fork Licking River ...... Downstream side of State Route 13 ...... +816 Licking County (Unincorporated Areas). Approximately 2,600 feet upstream of Mink Street Road ...... +1,095 City of Heath, City of Hebron, City of Newark, City of Pataskala. South Fork Licking River ...... Approximately 0.7 miles upstream of Gale Road ...... +918 Village of Kirkersville. Approximately 1.0 miles downstream of York Road ...... +931

# Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Licking County (Unincorporated Areas) Maps available for inspection at Licking County Administration Office, 20 South Second Street, Newark, Ohio 43055. Village of Alexandria Maps available for inspection at Village of Alexandria, 116 Granville Street, Alexandria, Ohio 43001. Village of Buckeye Lake Maps available for inspection at Buckeye Lake Village Office, 5192 Walnut Road, Buckeye Lake, Ohio 43008. Village of Granville Maps available for inspection at Jerry Turner/Bird and Bull Engineers & Surveyors, 2875 Dublin Granville Road, Columbus, Ohio 43235. Village of Hanover Maps available for inspection at Hanover Village Hall, 200 New Home Drive NE, Hanover, Ohio 43055. Village of Hartford Maps available for inspection at Hartford Village Town Hall, 2 North High Street, Croton, Ohio 43013. City of Heath Maps available for inspection at Heath Municipal Building, 1287 Hebron Road, Heath, Ohio 43056. Village of Hebron Maps available for inspection at Village of Hebron Zoning Department, Attention: Theresa Ours, 116 W. Main Street, Hebron, Ohio 43025. Village of Johnstown Maps available for inspection at Village of Johnstown, 599 South Main Street, Johnstown, Ohio 43031. Village of Kirkersville Maps available for inspection at Kirkersville Village Hall, 135 N 5th Street, Kirkersville, Ohio 43033. City of Newark Maps available for inspection at City of Newark Division of Engineering, 40 West Main Street, Newark, Ohio 43055. City of Pataskala Maps available for inspection at City of Pataskala Administration Office, 196 East Broad Street, Pataskala, Ohio 43062. City of Reynoldsburg Maps available for inspection at City of Reynoldsburg Municipal Building, 7232 East Main Street, Reynoldsburg, Ohio 43068. Village of St Louisville Maps available for inspection at Village of St. Louisville, 257 South Sugar Street, St. Louisville, Ohio 43071. Village of Utica Maps available for inspection at Village Administration Office, 39 Spring Street, Utica, Ohio 43080.

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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified

Warren County, Kentucky and Incorporated Areas Docket No.: FEMA–B–7463

Sinkhole No. 2 ...... At Media Drive ...... +464 City of Bowling Green. Sinkhole No. 3 ...... At Holly and Catherine Drives ...... +465 City of Bowling Green. Sinkhole No. 4A ...... At Holly and Catherine Drives ...... +461 City of Bowling Green. Sinkhole No. 4B ...... At Holly and Catherine Drives ...... +440 City of Bowling Green. Sinkhole No. 7 ...... At Boxwood Drive ...... +541 City of Bowling Green and Warren County (Unincor- porated Areas). Sinkhole No. 7A ...... At Boxwood Drive ...... +541 Warren County (Unincorporated Areas). Sinkhole No. 14 ...... At Wellington Way ...... +482 City of Bowling Green. Sinkhole No. 21 ...... At Canton Avenue ...... +523 City of Bowling Green. Sinkhole No. 22 ...... At Andrea Street ...... +529 City of Bowling Green. Sinkhole No. 25A ...... At Pascoe Boulevard ...... +531 City of Bowling Green. Sinkhole No. 33 ...... At Rich Pond ...... +568 Warren County (Unincorporated Areas). Sinkhole No. 39A ...... At Bogle Lane ...... +488 City of Bowling Green. Sinkhole No. 39B ...... At Bogle Lane ...... +485 City of Bowling Green.

# Depth in feet above ground. * National Geodetic Vertical Datum. + National American Vertical Datum. ADDRESSES Maps are available for inspection at City-County Planning Commission of Warren County, 1141 State Street, Bowling Green, Kentucky.

(Catalog of Federal Domestic Assistance No. Dated: November 7, 2006. 83.100, ‘‘Flood Insurance.’’) David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6–19528 Filed 11–17–06; 8:45 am] BILLING CODE 9110–12–P

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Proposed Rules Federal Register Vol. 71, No. 223

Monday, November 20, 2006

This section of the FEDERAL REGISTER be received on or before March 14, 2005. plant operating license renewal contains notices to the public of the proposed In response to the proposed rule, AMS applications with the National Academy issuance of rules and regulations. The received one comment from the U.S. of Sciences Health Risks From Exposure purpose of these notices is to give interested Association of Importers of Textiles and to Low Levels of Ionizing Radiation: persons an opportunity to participate in the Apparel (USA–ITA). USA–ITA made Biological Effects of Ionizing Radiation rule making prior to the adoption of the final rules. numerous assertions, some relevant and (BEIR) VII Phase 2 Report. some outside the scope of the proposed DATE: Submit comments by February 5, rule. Among them, the commenter 2007. Comments received after this date DEPARTMENT OF AGRICULTURE advised AMS to reconsider the will be considered if it is practical to do proposed formulation and do further so, but the Commission is able to assure Agricultural Marketing Service work necessary to develop an consideration only for comments assessment formula that would more received on or before this date. 7 CFR Part 1205 accurately identify the amount of U.S. ADDRESSES: You may submit comments [Docket Number CN–04–001] cotton contained in imported cotton on this petition by any one of the products. AMS believes that the following methods. Mail comments to: Cotton Board Rules and Regulations: commenter’s request to do further work Secretary, U.S. Nuclear Regulatory Adjusting Supplemental Assessment has merit, and, therefore, AMS is Commission, Washington, DC 20555– on Imports, (2004 Amendments); withdrawing the proposed rule to 0001, ATTN: Rulemakings and Withdrawal of a Proposed Rule continue to evaluate the importer Adjudications Staff. assessment issue and garner additional E-mail comments to: [email protected]. If AGENCY: Agricultural Marketing Service, stakeholders’ input and economic data. you do not receive a reply e-mail USDA. Accordingly, the proposed rule at 70 FR confirming that we have received your ACTION: Withdrawal of proposed rule. 2034 in the January 12, 2005, issue in comments, contact us directly at (301) the Federal Register is hereby SUMMARY: This action withdraws a 415–1966. You may also submit withdrawn. proposed rule published in the Federal comments via the NRC’s rulemaking Register on January 12, 2005, (70 FR Authority: 7 U.S.C. 2101–2118 and 7 Web site at http://ruleforum.llnl.gov. 2034), to amend the Cotton Board Rules U.S.C. 7401. Address questions about our rulemaking and Regulations by adjusting the total Dated: November 15, 2006. Web site to Carol Gallagher (301) 415– rate of assessment per kilogram for Lloyd C. Day, 5905; e-mail [email protected]. Comments imported cotton for use by the Cotton Administrator, Agricultural Marketing can also be submitted via the Federal Research and Promotion Program. Based Service. eRulemaking Portal http:// on a stakeholder comment, the [FR Doc. E6–19559 Filed 11–17–06; 8:45 am] www.regulations.gov. Hand deliver comments to: 11555 Agricultural Marketing Service believes BILLING CODE 3410–02–P that the proposed rule may not achieve Rockville Pike, Rockville, Maryland its intended objectives of effectiveness 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone (301) and efficiency. NUCLEAR REGULATORY 415–1966). DATES: The proposed rule is withdrawn COMMISSION Fax comments to: Secretary, U.S. as of November 20, 2006. 10 CFR Part 51 Nuclear Regulatory Commission at (301) FOR FURTHER INFORMATION CONTACT: 415–1101. Shethir Riva, Chief, Research and [Docket No. PRM–51–11] Please include PRM–51–11 in the Promotion Program, Cotton Program, subject line of your comments. AMS, USDA, 1400 Independence Ave., Sally Shaw; Receipt of Petition for Comments on petitions submitted in SW., Stop 0224, Washington, DC 20250– Rulemaking writing or in electronic form will be 0224, telephone (202) 720–2259, AGENCY: Nuclear Regulatory made available for public inspection. facsimile (202) 690–1718, or e-mail at Commission. Because your comments will not be [email protected]. ACTION: Petition for rulemaking; notice edited to remove any identifying or SUPPLEMENTARY INFORMATION: The of receipt. contact information, the NRC cautions Agricultural Marketing Service (AMS) you against including any information proposed to amend the Cotton Board SUMMARY: The Nuclear Regulatory in your submission that you do not want Rules and Regulations by adjusting the Commission (NRC) is publishing for to be publicly disclosed. total rate of assessment per kilogram for public comment a notice of receipt of a Publicly available documents related imported cotton collected for use by the petition for rulemaking, dated June 23, to this petition may be viewed Cotton Research and Promotion 2006, which was filed with the electronically on the public computers Program. The proposed rule would have Commission by Sally Shaw. The located at the NRC’s Public Document reduced the total rate of assessment per petition was docketed by the NRC on Room (PDR), Room O1 F21, One White kilogram for imported cotton products November 1, 2006, and has been Flint North, 11555 Rockville Pike, collected for use by the Cotton Research assigned Docket No. PRM–51–11. The Rockville, Maryland. The PDR and Promotion Program. petitioner requests that the NRC prepare reproduction contractor will copy The proposed rule was published in a rulemaking that will require that the documents for a fee. Selected the Federal Register on January 12, NRC reconcile its generic environmental documents, including comments, may 2005, at 70 FR 2034. Comments were to impact statement for nuclear power be viewed and downloaded

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electronically via the NRC rulemaking provides that this EIS supplement the exit diffuser air seal lands. That AD Web site at http://ruleforum.llnl.gov. NRC’s baseline, generic EIS issued in currently requires replacing the HPC Publicly available documents created 1996, NUREG–1437, ‘‘Generic exit inner and outer brush seal packs or received at the NRC after November Environmental Impact Statement for with new brush seal packs, or replacing 1, 1999, are available electronically at License Renewal of Nuclear Plants’’ the HPC exit brush seal assembly with the NRC’s Electronic Reading Room at (May 1996)(GEIS). a new HPC exit brush seal assembly. http://www.nrc.gov/reading-rm/ This proposed AD would require Petitioner’s Request adams.html. From this site, the public replacing the HPC exit inner and outer can gain entry into the NRC’s The petitioner requests that the NRC brush seal packs with new brush seal Agencywide Document Access and prepare a rulemaking that would require packs, using either original equipment Management System (ADAMS), which that the NRC reconcile its GEIS for manufactured (OEM) parts, or FAA- provides text and image files of NRC’s nuclear power plant operating license approved part manufacturer approval public documents. If you do not have renewal applications with the National (PMA) equivalent parts. This proposed access to ADAMS or if there are Academy of Sciences (NAS) Health AD would also apply to engines problems in accessing the documents Risks From Exposure to Low Levels of reassembled with a PMA equivalent located in ADAMS, contact the PDR Ionizing Radiation: BEIR VII, Phase 2 HPC exit inner and/or outer brush seal Reference staff at 1–800–397–4209, 301– which was released in 2005. The packs. This proposed AD results from a 415–4737 or by e-mail to [email protected]. petitioner asserts that the GEIS relies request to include PMA equivalent HPC A copy of the petition can be found upon an earlier NAS report, the BEIR V, exit inner and outer brush seal packs in ADAMS under accession number with was released in 1990. According to and to include the engines with PMA ML061770056. A paper copy of the the NAS Web site, the BEIR VII updates equivalent parts already installed, in the petition may be obtained by contacting the information contained in the BEIR V AD. We are proposing this AD to Betty Golden, Office of Administration, and draws upon new data in both prevent uncontained engine failure, Nuclear Regulatory Commission, epidemiologic and experimental damage to the airplane, and injury to Washington DC 20555–0001, telephone research. passengers. The petitioner requests that NRC 301–415–6863, toll-free 1–800–368– DATES: We must receive any comments 5642, or by e-mail [email protected]. consider the NAS BEIR VII report as new and significant information and on this proposed AD by January 19, FOR FURTHER INFORMATION CONTACT: 2007. Michael T. Lesar, Chief, Rulemaking, recalculate certain conclusions set forth ADDRESSES: Use one of the following Directives and Editing Branch, Division in the GEIS, including early fatalities, addresses to comment on this proposed of Administrative Services, Office of latent fatalities and any injury projections based on this information. AD. Administration, U.S. Nuclear Regulatory • DOT Docket Web site: Go to http:// Commission, Washington, DC 20555– Dated at Rockville, Maryland, this 14th day of November 2006. dms.dot.gov and follow the instructions 0001, telephone: 301–415–7163 or toll- for sending your comments For the Nuclear Regulatory Commission. free: 1–800–368–5642. electronically. SUPPLEMENTARY INFORMATION: Annette L. Vietti-Cook, • Government-wide rulemaking Web Secretary of the Commission. Background site: Go to http://www.regulations.gov [FR Doc. E6–19568 Filed 11–17–06; 8:45 am] and follow the instructions for sending Entergy Nuclear Operations, Inc. BILLING CODE 7590–01–P your comments electronically. (Entergy) submitted an application for • Mail: Docket Management Facility; renewal of Operating License No. DPR– U.S. Department of Transportation, 400 28 for an additional 20 years of DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Nassif Building, operation at the Vermont Yankee Room PL–401, Washington, DC 20590– Nuclear Power Station (VYNPS). The Federal Aviation Administration 0001. VYNPS is located in the town of • Fax: (202) 493–2251. Vernon, Vermont, in Windham County 14 CFR Part 39 • Hand Delivery: Room PL–401 on on the west shore of the Connecticut the plaza level of the Nassif Building, [Docket No. FAA–2006–24034; Directorate River immediately upstream of the Identifier 2006–NE–05–AD] 400 Seventh Street, SW., Washington, Vernon Hydroelectric Station. The DC, between 9 a.m. and 5 p.m., Monday operating license for VYNPS expires on RIN 2120–AA64 through Friday, except Federal holidays. March 21, 2012. A notice of receipt and Contact Pratt & Whitney, 400 Main availability of the application, which Airworthiness Directives; Pratt & St., East Hartford, CT 06108; telephone included the environmental report, was Whitney PW4077D, PW4084D, PW4090, (860) 565–8770; fax (860) 565–4503 for published in the Federal Register on and PW4090–3 Turbofan Engines the service information identified in this February 6, 2006 (71 FR 6102). AGENCY: Federal Aviation proposed AD. Subsequently, the NRC published a Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT: ‘‘Notice of Intent to Prepare an Transportation (DOT). Antonio Cancelliere, Aerospace Environmental Impact Statement and ACTION: Notice of proposed rulemaking Engineer, Engine Certification Office, Conduct Scoping Process’’ on April 21, (NPRM). FAA, Engine and Propeller Directorate, 2006 (71 FR 20733). The NRC will 12 New England Executive Park, prepare an EIS related to the review of SUMMARY: The FAA proposes to Burlington, MA 01803–5213; telephone the license renewal application. supersede an existing airworthiness (781) 238–7751; fax (781) 238–7199. The applicable NRC regulation, 10 directive (AD) for Pratt & Whitney SUPPLEMENTARY INFORMATION: CFR 51.95(c), required that the NRC, in PW4077D, PW4084D, PW4090, and determining whether to grant a renewal PW4090–3 turbofan engines that were Comments Invited of a nuclear power plant operating reassembled with previously used high We invite you to send any written license, prepare an environmental pressure compressor (HPC) exit brush relevant data, views, or arguments impact statement (EIS). The regulation seal packs and new or refurbished HPC regarding this proposal. Send your

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comments to an address listed under equivalent parts to be included in the We are issuing this rulemaking under ADDRESSES. Include ‘‘Docket No. FAA– AD. We agree. The proposed AD now the authority described in subtitle VII, 2006–24034; Directorate Identifier also applies to engines reassembled part A, subpart III, section 44701, 2006–NE–05–AD’’ in the subject line of with PMA equivalent HPC exit inner ‘‘General requirements.’’ Under that your comments. We specifically invite and/or outer brush seal packs installed, section, Congress charges the FAA with comments on the overall regulatory, and allows installation of PMA promoting safe flight of civil aircraft in economic, environmental, and energy equivalent HPC exit inner and outer air commerce by prescribing regulations aspects of the proposed AD. We will brush seal packs for compliance to the for practices, methods, and procedures consider all comments received by the requirements of the AD. the Administrator finds necessary for closing date and may amend the Also since AD 2006–17–08 was safety in air commerce. This regulation proposed AD in light of those issued, we determined that the is within the scope of that authority comments. requirement in paragraph (g) of that AD, because it addresses an unsafe condition We will post all comments we of replacing the HPC exit brush seal that is likely to exist or develop on receive, without change, to http:// assembly with a new HPC exit brush products identified in this rulemaking dms.dot.gov, including any personal seal assembly, is an option for the action. information you provide. We will also operators to demonstrate compliance to Regulatory Findings post a report summarizing each this proposed AD. Replacing the HPC substantive verbal contact with FAA exit inner and outer brush seal packs We have determined that this personnel concerning this proposed AD. instead, is expected to be more proposed AD would not have federalism Using the search function of the DMS economical for operators. implications under Executive Order Web site, anyone can find and read the 13132. This proposed AD would not comments in any of our dockets, FAA’s Determination and Requirements have a substantial direct effect on the including the name of the individual of the Proposed AD States, on the relationship between the who sent the comment (or signed the We have evaluated all pertinent national Government and the States, or comment on behalf of an association, information and identified an unsafe on the distribution of power and business, labor union, etc.). You may condition that is likely to exist or responsibilities among the various review the DOT’s complete Privacy Act develop on other products of this same levels of government. Statement in the Federal Register type design. For that reason, we are For the reasons discussed above, I published on April 11, 2000 (65 FR proposing this AD, which would require certify that the proposed regulation: 19477–78) or you may visit http:// replacing the OEM or PMA equivalent 1. Is not a ‘‘significant regulatory dms.dot.gov. HPC exit inner and outer brush seal action’’ under Executive Order 12866; Examining the AD Docket packs, with OEM or PMA equivalent 2. Is not a ‘‘significant rule’’ under the new brush seal packs. Instructions on DOT Regulatory Policies and Procedures You may examine the docket that replacing these parts can be found in (44 FR 11034, February 26, 1979); and contains the proposal, any comments Pratt & Whitney Service Bulletin No. 3. Would not have a significant received and any final disposition in PW4G–112–A72–280, Revision 2, or economic impact, positive or negative, person at the DMS Docket Office Engine Overhaul Manual. on a substantial number of small entities between 9 a.m. and 5 p.m., Monday under the criteria of the Regulatory through Friday, except Federal holidays. Interim Action Flexibility Act. The Docket Office (telephone (800) 647– These actions are interim actions and We prepared a regulatory evaluation 5227) is located on the plaza level of the of the estimated costs to comply with Department of Transportation Nassif we may take further rulemaking actions in the future. this proposed AD. See the ADDRESSES Building at the street address stated in section for a location to examine the ADDRESSES. Comments will be available Costs of Compliance regulatory evaluation. in the AD docket shortly after the DMS receives them. We estimate that this proposed AD List of Subjects in 14 CFR Part 39 would affect 76 Pratt & Whitney Discussion PW4077D, PW4084D, PW4090, and Air transportation, Aircraft, Aviation safety, Safety. On August 14, 2006, the FAA issued PW4090–3 turbofan engines installed on AD 2006–17–08, Amendment 39–14729 airplanes of U.S. registry. We also The Proposed Amendment estimate that it would take about 9 (71 FR 49335, August 23, 2006). That Under the authority delegated to me work-hours per engine to perform the AD requires replacing the HPC exit by the Administrator, the Federal proposed parts replacement, and that inner and outer brush seal packs with Aviation Administration proposes to the average labor rate is $80 per work- new brush seal packs, or replacing the amend 14 CFR part 39 as follows: HPC exit brush seal assembly with a hour. Required parts would cost about new HPC exit brush seal assembly. That $99,990 per engine. Based on these PART 39—AIRWORTHINESS AD was the result of a report of oil figures, we estimate the total cost of the DIRECTIVES leaking into the high pressure turbine proposed AD to U.S. operators to be (HPT) interstage cavity and igniting, $7,653,950. 1. The authority citation for part 39 continues to read as follows: leading to an engine case penetration Authority for This Rulemaking and engine in-flight shutdown. That Authority: 49 U.S.C. 106(g), 40113, 44701. condition, if not corrected, could result Title 49 of the United States Code in uncontained engine failure, damage specifies the FAA’s authority to issue § 39.13 [Amended] to the airplane, and injury to passengers. rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by section 106, describes the authority of removing Amendment 39–14729 (71 FR Actions Since AD 2006–17–08 Was the FAA Administrator. Subtitle VII, 49335, August 23, 2006) and by adding Issued Aviation Programs, describes in more a new airworthiness directive, Since AD 2006–17–08 was issued, an detail the scope of the Agency’s Amendment 39–XXXXX, to read as air carrier requested the use of PMA authority. follows:

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Pratt & Whitney: Docket No. FAA–2006– October 2, 2006, also pertains to the subject Seventh Street, SW., Nassif Building, 24034; Directorate Identifier 2006–NE– of this AD. Room PL–401, Washington, DC 20590. 05–AD. Issued in Burlington, Massachusetts, on • Fax: (202) 493–2251. Comments Due Date November 14, 2006. • Hand Delivery: Room PL–401 on (a) The Federal Aviation Administration Mark Rumizen, the plaza level of the Nassif Building, (FAA) must receive comments on this Acting Manager, Engine and Propeller 400 Seventh Street, SW., Washington, airworthiness directive (AD) action by Directorate, Aircraft Certification Service. DC, between 9 a.m. and 5 p.m., Monday January 19, 2007. [FR Doc. E6–19536 Filed 11–17–06; 8:45 am] through Friday, except Federal holidays. Affected ADs BILLING CODE 4910–13–P Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box (b) This AD supersedes AD 2006–17–08, Amendment 39–14729. 343–CEP 12.225, Sao Jose dos Campos– DEPARTMENT OF TRANSPORTATION SP, Brazil, for service information Applicability identified in this proposed AD. (c) This AD applies to Pratt & Whitney Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: PW4077D, PW4084D, PW4090, and Todd Thompson, Aerospace Engineer, PW4090–3 turbofan engines that were: 14 CFR Part 39 International Branch, ANM–116, FAA, (1) Reassembled with a previously used original equipment manufacturer (OEM) or [Docket No. FAA–2006–26356; Directorate Transport Airplane Directorate, 1601 part manufacturer approval (PMA) equivalent Identifier 2006–NM–166–AD] Lind Avenue, SW., Renton, Washington high pressure compressor (HPC) exit inner 98057–3356; telephone (425) 227–1175; brush seal pack; and RIN 2120–AA64 fax (425) 227–1149. (2) Reassembled with a new or refurbished SUPPLEMENTARY INFORMATION: OEM or PMA equivalent HPC exit diffuser air Airworthiness Directives; Empresa seal inner land. Brasileira de Aeronautica S.A. Comments Invited (d) These engines are installed on, but not (EMBRAER) Model ERJ 170 and ERJ limited to, Boeing 777 airplanes. We invite you to submit any relevant 190 Airplanes written data, views, or arguments Unsafe Condition AGENCY: Federal Aviation regarding this proposed AD. Send your (e) This AD results from a request to Administration (FAA), Department of comments to an address listed in the include PMA equivalent HPC exit inner and Transportation (DOT). ADDRESSES section. Include the docket outer brush seal packs and to include the number ‘‘FAA–2006–26356; Directorate ACTION: engines with PMA equivalent parts already Notice of proposed rulemaking Identifier 2006–NM–166–AD’’ at the installed, in the AD. We are issuing this AD (NPRM). to prevent uncontained engine failure, beginning of your comments. We damage to the airplane, and injury to SUMMARY: The FAA proposes to adopt a specifically invite comments on the passengers. new airworthiness directive (AD) for all overall regulatory, economic, environmental, and energy aspects of Compliance EMBRAER Model ERJ 170 and ERJ 190 airplanes. This proposed AD would the proposed AD. We will consider all (f) You are responsible for having the require repetitive detailed inspections comments received by the closing date actions required by this AD performed at the and may amend the proposed AD in following compliance times, unless the for blockage of the pitot drain holes of actions have already been done. certain air data smart probes (ADSPs), light of those comments. (g) Replace the HPC exit inner and outer removing accumulated moisture from We will post all comments we brush seal packs with OEM or FAA-approved the pneumatic passages of the ADSPs, receive, without change, to http:// PMA equivalent new HPC exit inner and related investigative actions, and dms.dot.gov, including any personal outer brush seal packs as follows: corrective actions if necessary. This information you provide. We will also (1) By 3,000 cycles-in-service (CIS) since a proposed AD results from reports of post a report summarizing each used HPC exit inner brush seal pack and a substantive verbal contact with FAA new or refurbished HPC exit diffuser air seal erroneous air speed indications caused by blockage of the pitot sensors due to personnel concerning this proposed AD. land were installed in the engine, or by Using the search function of that Web March 31, 2007, whichever occurs later; freezing of accumulated moisture in the however ADSP pneumatic passages. We are site, anyone can find and read the (2) If on March 31, 2007, the used HPC exit proposing this AD to prevent an comments in any of our dockets, inner brush seal pack coupled with a new or erroneous air speed indication, which including the name of the individual refurbished HPC exit diffuser air seal inner could reduce flightcrew ability to who sent the comment (or signed the land assembly has not accumulated 3,000 control the airplane. comment on behalf of an association, CIS, then by 3,000 CIS, or December 31, business, labor union, etc.). You may DATES: We must receive comments on 2008, whichever occurs first. review the DOT’s complete Privacy Act this proposed AD by December 20, (h) Information on replacing HPC exit Statement in the Federal Register 2006. inner and outer brush seal packs can be published on April 11, 2000 (65 FR found in the Pratt & Whitney Alert Service ADDRESSES: Use one of the following Bulletin No. PW4G–112–A72–280, Revision 19477–78), or you may visit http:// 2, dated October 2, 2006, and in the engine addresses to submit comments on this dms.dot.gov. overhaul manual. proposed AD. • DOT Docket Web site: Go to http:// Examining the Docket Alternative Methods of Compliance dms.dot.gov and follow the instructions You may examine the AD docket on (i) The Manager, Engine Certification for sending your comments the Internet at http://dms.dot.gov, or in Office, has the authority to approve electronically. person at the Docket Management alternative methods of compliance for this • Government-wide rulemaking Web Facility office between 9 a.m. and 5 AD if requested using the procedures found site: Go to http://www.regulations.gov p.m., Monday through Friday, except in 14 CFR 39.19. and follow the instructions for sending Federal holidays. The Docket Related Information your comments electronically. Management Facility office (telephone (j) Pratt & Whitney Alert Service Bulletin • Mail: Docket Management Facility, (800) 647–5227) is located on the plaza No. PW4G–112–A72–280, Revision 2, dated U.S. Department of Transportation, 400 level of the Nassif Building at the DOT

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street address stated in the ADDRESSES service information for accomplishing safety in air commerce. This regulation section. Comments will be available in the requirements of the proposed AD. is within the scope of that authority the AD docket shortly after the Docket because it addresses an unsafe condition FAA’s Determination and Requirements Management System receives them. that is likely to exist or develop on of the Proposed AD products identified in this rulemaking Discussion These airplane models are action. The Ageˆncia Nacional de Aviac¸a˜o manufactured in Brazil and are type Civil (ANAC), which is the certificated for operation in the United Regulatory Findings airworthiness authority for Brazil, States under the provisions of section We have determined that this notified us that an unsafe condition may 21.29 of the Federal Aviation proposed AD would not have federalism exist on EMBRAER Model ERJ 170 Regulations (14 CFR 21.29) and the implications under Executive Order airplanes and Model ERJ 190 airplanes applicable bilateral airworthiness 13132. This proposed AD would not equipped with Rosemount Aerospace agreement. Pursuant to this bilateral have a substantial direct effect on the Model 2015G2H2H air data smart airworthiness agreement, the ANAC has States, on the relationship between the probes (ADSPs) having part number (P/ kept the FAA informed of the situation national Government and the States, or N) 2015G2H2H–4( ), 2015G2H2H–5( ), described above. We have examined the on the distribution of power and 2015G2H2H–6( ), or 2015G2H2H–7( ). ANAC’s findings, evaluated all responsibilities among the various The ANAC advises that reports have pertinent information, and determined levels of government. been received of erroneous air speed that we need to issue an AD for For the reasons discussed above, I indications caused by blockage of the airplanes of this type design that are certify that the proposed regulation: sensors of the ADSP, due to freezing of certificated for operation in the United 1. Is not a ‘‘significant regulatory accumulated moisture in the pneumatic States. action’’ under Executive Order 12866; passages between the ADSP pressure Therefore, we are proposing this AD, 2. Is not a ‘‘significant rule’’ under the ports and sensors. This condition, if not which would require accomplishing the DOT Regulatory Policies and Procedures corrected, could result in an erroneous actions specified in the service (44 FR 11034, February 26, 1979); and air speed indication, which could information described previously, 3. Will not have a significant reduce flightcrew ability to control the except as discussed under ‘‘Difference economic impact, positive or negative, airplane. Between the Proposed AD and Service on a substantial number of small entities Relevant Service Information Bulletins.’’ under the criteria of the Regulatory Flexibility Act. EMBRAER has issued Service Bulletin Difference Between the Proposed AD and Service Bulletins We prepared a regulatory evaluation 170–34–0007, dated April 28, 2005 (for of the estimated costs to comply with Model ERJ 170 airplanes), and Service The service bulletins specify an this proposed AD and placed it in the Bulletin 190–34–0003, dated December inspection; however, this proposed AD AD docket. See the ADDRESSES section 2, 2005 (for Model ERJ 190 airplanes). would require a detailed inspection, for a location to examine the regulatory The service bulletins describe which conforms to the Brazilian evaluation. procedures for repetitive detailed airworthiness directives. Note 3 of the inspections for blockage of the pitot proposed AD defines this type of List of Subjects in 14 CFR Part 39 drain holes of certain air data smart inspection. Air transportation, Aircraft, Aviation probes (ADSPs), removing accumulated safety, Safety. moisture from the pneumatic passages Costs of Compliance of the ADSPs, related investigative This proposed AD would affect about The Proposed Amendment actions, and corrective actions if 93 airplanes of U.S. registry. The Accordingly, under the authority necessary. Related investigative actions proposed actions would take about 2 delegated to me by the Administrator, include inspecting for damage to the work hours per airplane, at an average the FAA proposes to amend 14 CFR part ADSP seal gaskets, and verifying proper labor rate of $80 per work hour. Based 39 as follows: gap and step distance between the on these figures, the estimated cost of access panel/fuselage and between the the proposed AD for U.S. operators is PART 39—AIRWORTHINESS access panel/base of the ADSP. $14,880, or $160 per airplane, per DIRECTIVES Corrective actions include replacing any inspection cycle. damaged seal gaskets with new gasket 1. The authority citation for part 39 Authority for This Rulemaking material and adjusting any gap and step continues to read as follows: discrepancies. Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. Accomplishing the actions specified specifies the FAA’s authority to issue § 39.13 [Amended] in the service information is intended to rules on aviation safety. Subtitle I, adequately address the unsafe section 106, describes the authority of 2. The Federal Aviation condition. the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13 The ANAC mandated the service Aviation Programs, describes in more by adding the following new information and issued Brazilian detail the scope of the Agency’s airworthiness directive (AD): airworthiness directives 2006–05–05, authority. Empresa Brasileira de Aeronautica S.A. effective June 14, 2006, and 2006–05– We are issuing this rulemaking under (EMBRAER): Docket No. FAA–2006– 08, effective June 19, 2006, to ensure the the authority described in subtitle VII, 26356; Directorate Identifier 2006–NM– continued airworthiness of these part A, subpart III, section 44701, 166–AD. airplanes in Brazil. ‘‘General requirements.’’ Under that Comments Due Date EMBRAER Service Bulletins 170–34– section, Congress charges the FAA with (a) The FAA must receive comments on 0007 and 190–34–0003 also refer to promoting safe flight of civil aircraft in this AD action by December 20, 2006. Rosemount Aerospace Service Bulletin air commerce by prescribing regulations 2015G2H2H–34–04, Revision 1, dated for practices, methods, and procedures Affected ADs April 6, 2005, as an additional source of the Administrator finds necessary for (b) None.

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Applicability or assembly to detect damage, failure, or hydraulic lines. This proposed AD (c) This AD applies to all EMBRAER Model irregularity. Available lighting is normally results from a fuel leak found in the left ERJ 170–100 LR, –100 STD, –100 SE, –100 supplemented with a direct source of good MLG bay. We are proposing this AD to SU, –200 LR, –200 STD, and –200 SU lighting at an intensity deemed appropriate. detect and correct inadequate clearance airplanes, and Model ERJ 190–100 STD, –100 Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface between fuel and hydraulic lines in the LR, and –100 IGW airplanes; certificated in MLG bay, which could lead to chafing any category. cleaning and elaborate procedures may be required.’’ of a fuel line and fuel leakage. A fuel Unsafe Condition leak near hot brakes could result in a (d) This AD results from reports of Alternative Methods of Compliance fire in the MLG bay. (AMOCs) erroneous air speed indications caused by DATES: We must receive comments on blockage of the pitot sensors due to freezing (h)(1) The Manager, International Branch, this proposed AD by December 20, of accumulated moisture in the air data smart ANM–116, FAA, has the authority to approve 2006. probes (ADSP) pneumatic passages. We are AMOCs for this AD, if requested in issuing this AD to prevent an erroneous air accordance with the procedures found in 14 ADDRESSES: Use one of the following speed indication, which could reduce CFR 39.19. addresses to submit comments on this flightcrew ability to control the airplane. (2) Before using any AMOC approved in proposed AD. accordance with § 39.19 on any airplane to • Compliance DOT Docket Web site: Go to http:// which the AMOC applies, notify the dms.dot.gov and follow the instructions (e) You are responsible for having the appropriate principal inspector in the FAA actions required by this AD performed within for sending your comments Flight Standards Certificate Holding District electronically. the compliance times specified, unless the Office. • actions have already been done. Government-wide rulemaking Web Related Information site: Go to http://www.regulations.gov Inspect To Determine Part Number (P/N) of and follow the instructions for sending ADSPs (i) Brazilian airworthiness directives 2006– 05–05, effective June 14, 2006, and 2006–05– your comments electronically. (f) Within 600 flight hours after the 08, effective June 19, 2006, also address the • Mail: Docket Management Facility, effective date of this AD, inspect to subject of this AD. U.S. Department of Transportation, 400 determine the part number of the ADSPs. For Seventh Street, SW., Nassif Building, any Rosemount Aerospace ADSP having P/N Issued in Renton, Washington, on 2015G2H2H–4( ), 2015G2H2H–5( ), November 8, 2006. room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. 2015G2H2H–6( ), or 2015G2H2H–7 ( ), do Kalene C. Yanamura, • the applicable actions required by this AD. Acting Manager, Transport Airplane Hand Delivery: Room PL–401 on For any ADSP having any other part number, Directorate, Aircraft Certification Service. the plaza level of the Nassif Building, no further action is required by this AD. [FR Doc. E6–19532 Filed 11–17–06; 8:45 am] 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday Note 1: The parentheses used in the BILLING CODE 4910–13–P identified ADSP model part numbers through Friday, except Federal holidays. indicate the presence or absence of an Contact Fokker Services B.V., additional letter(s), which varies with the DEPARTMENT OF TRANSPORTATION Technical Services Dept., P.O. Box 231, basic ADSP model designation. The letter(s) 2150 AE Nieuw-Vennep, the defines minor changes that do not affect Federal Aviation Administration Netherlands, for service information interchangeability or eligibility of the ADSP. identified in this proposed AD. Therefore, this AD still applies regardless of the presence or absence of these letters on the 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, ADSP model designation. [Docket No. FAA–2006–26355; Directorate Identifier 2006–NM–198–AD] International Branch, ANM–116, FAA, Detailed Inspection, Moisture Removal, and Transport Airplane Directorate, 1601 Related Investigative/Corrective Actions RIN 2120–AA64 Lind Avenue, SW., Renton, Washington (g) Within 600 flight hours after the 98057–3356; telephone (425) 227–1137; effective date of this AD, perform a detailed Airworthiness Directives; Fokker fax (425) 227–1149. Model F.28 Mark 0070 and 0100 inspection for blockage of the pitot drain SUPPLEMENTARY INFORMATION: holes of the ADSP, remove accumulated Airplanes moisture from the pneumatic passages of the Comments Invited ADSP, and, before further flight, do all AGENCY: Federal Aviation related investigative actions and applicable Administration (FAA), Department of We invite you to submit any relevant corrective actions. Perform all required Transportation (DOT). written data, views, or arguments actions in accordance with the ACTION: Notice of proposed rulemaking regarding this proposed AD. Send your Accomplishment Instructions of EMBRAER (NPRM). comments to an address listed in the Service Bulletin 170–34–0007, dated April ADDRESSES section. Include the docket 28, 2005 (for Model ERJ 170 airplanes), or SUMMARY: The FAA proposes to adopt a number ‘‘FAA–2006–26355; Directorate EMBRAER Service Bulletin 190–34–0003, new airworthiness directive (AD) for all Identifier 2006–NM–198–AD’’ at the dated December 2, 2005 (for Model ERJ 190 Fokker Model F.28 Mark 0070 and 0100 beginning of your comments. We airplanes), as applicable. Repeat all required airplanes. This proposed AD would specifically invite comments on the actions thereafter at intervals not to exceed 600 flight hours. require a one-time inspection of the fuel overall regulatory, economic, lines located in the left and right main environmental, and energy aspects of Note 2: EMBRAER Service Bulletins 170– 34–0007 and 190–34–0003 refer to landing gear (MLG) bays to determine the proposed AD. We will consider all Rosemount Aerospace Service Bulletin the clearance between the fuel and comments received by the closing date 2015G2H2H–34–04, Revision 1, dated April hydraulic lines. If necessary, this and may amend the proposed AD in 6, 2005, as an additional source of service proposed AD would also require an light of those comments. information for accomplishing the required inspection of fuel lines for chafing, We will post all comments we actions. replacement of a chafed fuel line with receive, without change, to http:// Note 3: For the purposes of this AD, a a new fuel line, and the repositioning of dms.dot.gov, including any personal detailed inspection is: ‘‘An intensive existing clamps and installation of information you provide. We will also examination of a specific item, installation, additional clamps between the fuel and post a report summarizing each

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substantive verbal contact with FAA (2) to reposition the existing clamps and ‘‘General requirements.’’ Under that personnel concerning this proposed AD. install additional clamps to obtain a section, Congress charges the FAA with Using the search function of that Web minimum clearance of 3 mm between promoting safe flight of civil aircraft in site, anyone can find and read the the fuel and hydraulic lines, as air commerce by prescribing regulations comments in any of our dockets, necessary. Accomplishing the actions for practices, methods, and procedures including the name of the individual specified in the service information is the Administrator finds necessary for who sent the comment (or signed the intended to adequately address the safety in air commerce. This regulation comment on behalf of an association, unsafe condition. The CAA–NL is within the scope of that authority business, labor union, etc.). You may mandated the service information and because it addresses an unsafe condition review the DOT’s complete Privacy Act issued Dutch airworthiness directive that is likely to exist or develop on Statement in the Federal Register NL–2005–010 R1, dated September 7, products identified in this rulemaking published on April 11, 2000 (65 FR 2005, to ensure the continued action. 19477–78), or you may visit http:// airworthiness of these airplanes in the Regulatory Findings dms.dot.gov. Netherlands. We have determined that this Examining the Docket FAA’s Determination and Requirements proposed AD would not have federalism of the Proposed AD You may examine the AD docket on implications under Executive Order the Internet at http://dms.dot.gov, or in These airplane models are 13132. This proposed AD would not person at the Docket Management manufactured in the Netherlands and have a substantial direct effect on the Facility office between 9 a.m. and 5 are type certificated for operation in the States, on the relationship between the p.m., Monday through Friday, except United States under the provisions of national Government and the States, or Federal holidays. The Docket section 21.29 of the Federal Aviation on the distribution of power and Management Facility office (telephone Regulations (14 CFR 21.29) and the responsibilities among the various (800) 647–5227) is located on the plaza applicable bilateral airworthiness levels of government. level of the Nassif Building at the DOT agreement. Pursuant to this bilateral For the reasons discussed above, I street address stated in the ADDRESSES airworthiness agreement, the CAA–NL certify that the proposed regulation: section. Comments will be available in has kept the FAA informed of the 1. Is not a ‘‘significant regulatory the AD docket shortly after the Docket situation described above. We have Management System receives them. action’’ under Executive Order 12866; examined the CAA–NL’s findings, 2. Is not a ‘‘significant rule’’ under the Discussion evaluated all pertinent information, and DOT Regulatory Policies and Procedures determined that we need to issue an AD (44 FR 11034, February 26, 1979); and The Civil Aviation Authority—The for airplanes of this type design that are 3. Will not have a significant Netherlands (CAA–NL), which is the certificated for operation in the United economic impact, positive or negative, airworthiness authority for the States. Netherlands, notified us that an unsafe Therefore, we are proposing this AD, on a substantial number of small entities condition may exist on all Fokker Model which would require accomplishing the under the criteria of the Regulatory F.28 Mark 0070 and 0100 airplanes. The actions specified in the service Flexibility Act. CAA–NL advises that a fuel leak was information described previously. We prepared a regulatory evaluation found in the left main landing gear of the estimated costs to comply with (MLG) bay, on a Fokker Model F.28 Clarification of Inspection Terminology this proposed AD and placed it in the Mark 0100 airplane. Investigation The ‘‘inspection’’ specified in the AD docket. See the ADDRESSES section revealed that inadequate clearance Fokker service bulletin is referred to as for a location to examine the regulatory between the fuel and hydraulic lines in a ‘‘general visual inspection’’ in this evaluation. the MLG bay led to chafing of the fuel proposed AD. We have included the List of Subjects in 14 CFR Part 39 line and consequent fuel leakage. A fuel definition for a general visual inspection leak near hot brakes, if not corrected, in a note in the proposed AD. Air transportation, Aircraft, Aviation could result in a fire in the MLG bay. safety, Safety. Costs of Compliance Relevant Service Information The Proposed Amendment This proposed AD would affect about Fokker Services B.V. has issued 9 airplanes of U.S. registry. The Accordingly, under the authority Fokker Service Bulletin SBF100–28– proposed inspection would take about 1 delegated to me by the Administrator, 041, dated July 20, 2005. The service work hour per airplane, at an average the FAA proposes to amend 14 CFR part bulletin describes procedures for a one- labor rate of $80 per work hour. Based 39 as follows: time inspection of the fuel lines located on these figures, the estimated cost of in the left and right MLG bays to the proposed AD for U.S. operators is PART 39—AIRWORTHINESS determine the clearance between the $720, or $80 per airplane. DIRECTIVES fuel and hydraulic lines. If the clearance is less than 3 mm (millimeters), the Authority for This Rulemaking 1. The authority citation for part 39 service bulletin specifies inspecting the Title 49 of the United States Code continues to read as follows: fuel line for chafing and doing specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. corrective actions as necessary. If no rules on aviation safety. Subtitle I, § 39.13 [Amended] chafing is found, the corrective action is section 106, describes the authority of to reposition the existing clamps and the FAA Administrator. Subtitle VII, 2. The Federal Aviation install additional clamps to obtain a Aviation Programs, describes in more Administration (FAA) amends § 39.13 minimum clearance of 3 mm between detail the scope of the Agency’s by adding the following new the fuel and hydraulic lines, as authority. airworthiness directive (AD): necessary. If chafing is found, the We are issuing this rulemaking under Fokker Services B.V.: Docket No. FAA– corrective actions are (1) To replace the the authority described in subtitle VII, 2006–26355; Directorate Identifier 2006– chafed fuel line with a new fuel line and part A, subpart III, section 44701, NM–198–AD.

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Comments Due Date (2) Reposition the existing clamps and partial retractions of the NLG. We are (a) The FAA must receive comments on install additional clamps to obtain a proposing this AD to prevent internal this AD action by December 20, 2006. minimum clearance of 3 mm between the leakage of the selector valve, which, fuel and hydraulic lines, as applicable, in under certain conditions, could result in Affected ADs accordance with Part 2 of the an uncommanded retraction of the NLG (b) None. Accomplishment Instructions of Fokker Service Bulletin SBF100–28–041, dated July with consequent damage to the airplane Applicability 20, 2005. and possible serious injury to ground (c) This AD applies to all Fokker Model personnel. Alternative Methods of Compliance F.28 Mark 0070 and 0100 airplanes, DATES: We must receive comments on certificated in any category. (AMOCs) (h)(1) The Manager, International Branch, this proposed AD by December 20, Unsafe Condition ANM–116, Transport Airplane Directorate, 2006. (d) This AD results from a fuel leak found FAA, has the authority to approve AMOCs ADDRESSES: Use one of the following in the left main landing gear (MLG) bay. We for this AD, if requested in accordance with addresses to submit comments on this are issuing this AD to detect and correct the procedures found in 14 CFR 39.19. proposed AD. inadequate clearance between fuel and (2) Before using any AMOC approved in • hydraulic lines in the MLG bay, which could DOT Docket Web site: Go to http:// accordance with § 39.19 on any airplane to dms.dot.gov and follow the instructions lead to chafing of a fuel line and fuel leakage. which the AMOC applies, notify the A fuel leak near hot brakes could result in appropriate principal inspector in the FAA for sending your comments a fire in the MLG bay. Flight Standards Certificate Holding District electronically. • Government-wide rulemaking Web Compliance Office. site: Go to http://www.regulations.gov (e) You are responsible for having the Related Information and follow the instructions for sending actions required by this AD performed within (i) Dutch airworthiness directive NL–2005– your comments electronically. the compliance times specified, unless the 010 R1, dated September 7, 2005, also • actions have already been done. Mail: Docket Management Facility, addresses the subject of this AD. U.S. Department of Transportation, 400 Inspections for Clearance and Chafing Issued in Renton, Washington, on Seventh Street, SW., Nassif Building, (f) Within 6 months after the effective date November 8, 2006. Room PL–401, Washington, DC 20590. of this AD, do a general visual inspection of Kalene C. Yanamura, • Fax: (202) 493–2251. the fuel lines located in the left and right • Acting Manager, Transport Airplane Hand Delivery: Room PL–401 on MLG bays to determine the clearance Directorate, Aircraft Certification Service. the plaza level of the Nassif Building, between the fuel and hydraulic lines, in 400 Seventh Street, SW., Washington, accordance with Part 1 of the [FR Doc. E6–19538 Filed 11–17–06; 8:45 am] Accomplishment Instructions of Fokker BILLING CODE 4910–13–P DC, between 9 a.m. and 5 p.m., Monday Service Bulletin SBF100–28–041, dated July through Friday, except Federal holidays. 20, 2005. If the clearance of a fuel line is 3 Contact Bombardier, Inc., Canadair, mm (millimeters) or more, no further action DEPARTMENT OF TRANSPORTATION Aerospace Group, P.O. Box 6087, is required by this AD for that fuel line only. Station Centre-ville, Montreal, Quebec If the clearance of a fuel line is less than 3 Federal Aviation Administration H3C 3G9, Canada, for service mm, before further flight, do a general visual information identified in this proposed inspection of the fuel line for chafing in 14 CFR Part 39 AD. accordance with Part 1 of the Accomplishment Instructions of the service [Docket No. FAA–2006–26353; Directorate FOR FURTHER INFORMATION CONTACT: bulletin. Identifier 2006–NM–189–AD] Daniel Parrillo, Aerospace Engineer, Note 1: For the purposes of this AD, a Systems and Flight Test Branch, ANE– general visual inspection is: ‘‘A visual RIN 2120–AA64 172, FAA, New York Aircraft examination of an interior or exterior area, Certification Office, 1600 Stewart Airworthiness Directives; Bombardier installation, or assembly to detect obvious Avenue, suite 410, Westbury, New York Model CL–600–1A11 (CL–600), CL– damage, failure, or irregularity. This level of 11590; telephone (516) 228–7305; fax 600–2A12 (CL–601), CL–600–2B16 (CL– inspection is made from within touching (516) 794–5531. distance unless otherwise specified. A mirror 601–3A, CL–601–3R, and CL–604) may be necessary to ensure visual access to Airplanes SUPPLEMENTARY INFORMATION: all surfaces in the inspection area. This level Comments Invited of inspection is made under normally AGENCY: Federal Aviation available lighting conditions such as Administration (FAA), Department of We invite you to submit any relevant daylight, hangar lighting, flashlight, or Transportation (DOT). written data, views, or arguments droplight and may require removal or ACTION: Notice of proposed rulemaking regarding this proposed AD. Send your opening of access panels or doors. Stands, comments to an address listed in the ladders, or platforms may be required to gain (NPRM). ADDRESSES section. Include the docket proximity to the area being checked.’’ SUMMARY: The FAA proposes to adopt a number ‘‘FAA–2006–26353; Directorate Corrective Actions new airworthiness directive (AD) for Identifier 2006–NM–189–AD’’ at the (g) If the fuel line is found chafed during certain Bombardier Model CL–600– beginning of your comments. We the inspection for chafing specified in 1A11 (CL–600) airplanes, CL–600–2A12 specifically invite comments on the paragraph (f) of this AD, before further flight (CL–601) airplanes, and CL–600–2B16 overall regulatory, economic, after that inspection, do the actions in (CL–601–3A, CL–601–3R, and CL–604) environmental, and energy aspects of paragraphs (g)(1) and (g)(2) of this AD. If the airplanes. This proposed AD would the proposed AD. We will consider all fuel line is not found chafed, within 6 require inspecting to identify the part comments received by the closing date months after the inspection for chafing, do number and serial number of the and may amend the proposed AD in the actions in paragraph (g)(2) of this AD. selector valves of the nose landing gear (1) Replace the chafed fuel line with a new light of those comments. fuel line in accordance with Part 1 of the (NLG) and the nose gear door; and doing We will post all comments we Accomplishment Instructions of Fokker related investigative and corrective receive, without change, to http:// Service Bulletin SBF100–28–041, dated July actions if necessary. This proposed AD dms.dot.gov, including any personal 20, 2005. results from reports of uncommanded information you provide. We will also

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post a report summarizing each the AD docket shortly after the Docket valve. Such internal leakage, under substantive verbal contact with FAA Management System receives them. certain conditions, could result in an personnel concerning this proposed AD. uncommanded retraction of the NLG Discussion Using the search function of that Web with consequent damage to the airplane site, anyone can find and read the Transport Canada Civil Aviation and possible serious injury to ground comments in any of our dockets, (TCCA), which is the airworthiness personnel. Certain conditions involve including the name of the individual authority for Canada, notified us that an the transfer or removal of electrical who sent the comment (or signed the unsafe condition may exist on certain power from the airplane on the ground comment on behalf of an association, Bombardier Model CL–600–1A11 (CL– before the NLG safety pin is installed, business, labor union, etc.). You may 600), CL–600–2A12 (CL–601), and CL– when any pressure, including residual review the DOT’s complete Privacy Act 600–2B16 (CL–601–3A, CL–601–3R, and pressure, is present in the No. 3 Statement in the Federal Register CL–604) airplanes. TCCA reports several hydraulic system. published on April 11, 2000 (65 FR cases of uncommanded retraction of the nose landing gear (NLG) of Model CL– Operators should be aware that 19477–78), or you may visit http:// selector valves having Bombardier P/N dms.dot.gov. 600–2B19 airplanes caused by discrepant selector valves; the same 601R75146–1, which are the subject of Examining the Docket selector valves may be installed on the this proposed AD, may be supplied by You may examine the AD docket on airplanes identified in this proposed different manufacturers and have the Internet at http://dms.dot.gov, or in AD. (Further rulemaking will address different manufacturer part numbers. person at the Docket Management the unsafe condition in Model CL–600– Only selector valves manufactured by Facility office between 9 a.m. and 5 2B19 airplanes.) Investigation revealed Tactair Fluid Controls, having P/N p.m., Monday through Friday, except that the end caps of certain NLG and 750006000, would be affected by this Federal holidays. The Docket nose gear door selector valves may have proposed AD. Management Facility office (telephone been incorrectly lock-wired or Relevant Service Information (800) 647–5227) is located on the plaza improperly torqued during manufacture. level of the Nassif Building at the DOT This could allow the valve end cap to Bombardier has issued the service street address stated in the ADDRESSES back off and damage the valve seal, bulletins identified in the following section. Comments will be available in resulting in internal leakage of the table.

BOMBARDIER SERVICE BULLETINS

Revision Service Bulletin level Date

600–0721 (for Model CL–600–1A11 (CL–600) airplanes) ...... 01 February 20, 2006. 601–0558 (for Model CL–600–2A12 (CL–601), CL–600–2B16 (CL–601–3A and CL–601–3R) airplanes) ...... 01 February 20, 2006. 604–32–021 (for Model CL–600–2B16 (CL–604) airplanes) ...... 01 February 20, 2006.

The service bulletins describe additional source of service information however, we have determined that this procedures for inspecting for certain S/ for doing the related investigative and check should be a ‘‘general visual’’ Ns of the selector valves of the NLG and corrective actions previously described. inspection. We have included a the nose gear door, and doing related definition of this type of inspection in FAA’s Determination and Requirements investigative and corrective actions if Note 2 of this proposed AD. of the Proposed AD necessary. Related investigative actions Costs of Compliance include checking for proper installation These airplane models are of the lock wire of the end cap and manufactured in Canada and are type This proposed AD would affect about verifying the torqued value of the end certificated for operation in the United 492 airplanes of U.S. registry. cap. Corrective actions include ensuring States under the provisions of section The inspection to determine the that any selector valve that has a 21.29 of the Federal Aviation manufacturer P/N and S/N of the properly installed lock wire and Regulations (14 CFR 21.29) and the selector valve(s) would take about 1 properly torqued end cap is marked applicable bilateral airworthiness work hour per airplane, at an average with a new manufacturer part number agreement. Pursuant to this bilateral labor rate of $80 per work hour. Based and replacing any discrepant selector airworthiness agreement, TCCA has on these figures, the estimated cost of the proposed AD for U.S. operators is valve with a new or serviceable selector kept the FAA informed of the situation $39,360, or $80 per airplane. valve marked with the correct part described above. We have examined The general visual inspection of the number. Accomplishing the actions TCCA’s findings, evaluated all pertinent selector valve(s), if accomplished, specified in the service information is information, and determined that we would take about 1 work hour per intended to adequately address the need to issue an AD for airplanes of this airplane, at an average labor rate of $80 unsafe condition. TCCA mandated the type design that are certificated for per work hour. Based on these figures, service information and issued operation in the United States. the estimated cost of the proposed AD Canadian airworthiness directive CF– Therefore, we are proposing this AD, for U.S. operators is $80 per airplane. 2006–16, dated July 6, 2006, to ensure which would require accomplishing the the continued airworthiness of these actions specified in the service Authority for This Rulemaking airplanes in Canada. information described previously. Title 49 of the United States Code The Bombardier service bulletins refer Clarification of Inspection Terminology specifies the FAA’s authority to issue to Tactair Fluid Controls Service rules on aviation safety. Subtitle I, Bulletin SB750006000–1, Revision A, The service bulletins specify checking section 106, describes the authority of dated September 6, 2005, as an for proper installation of the lock wire; the FAA Administrator. Subtitle VII,

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Aviation Programs, describes in more For the reasons discussed above, I PART 39—AIRWORTHINESS detail the scope of the Agency’s certify that the proposed regulation: DIRECTIVES authority. 1. Is not a ‘‘significant regulatory 1. The authority citation for part 39 We are issuing this rulemaking under action’’ under Executive Order 12866; the authority described in subtitle VII, continues to read as follows: part A, subpart III, section 44701, 2. Is not a ‘‘significant rule’’ under the Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘General requirements.’’ Under that DOT Regulatory Policies and Procedures section, Congress charges the FAA with (44 FR 11034, February 26, 1979); and § 39.13 [Amended] promoting safe flight of civil aircraft in 3. Will not have a significant 2. The Federal Aviation air commerce by prescribing regulations economic impact, positive or negative, Administration (FAA) amends § 39.13 for practices, methods, and procedures on a substantial number of small entities by adding the following new the Administrator finds necessary for under the criteria of the Regulatory airworthiness directive (AD): safety in air commerce. This regulation Flexibility Act. Bombardier, Inc. (Formerly Canadair): is within the scope of that authority We prepared a regulatory evaluation Docket No. FAA–2006–26353; because it addresses an unsafe condition of the estimated costs to comply with Directorate Identifier 2006–NM–189–AD. that is likely to exist or develop on this proposed AD and placed it in the Comments Due Date products identified in this rulemaking AD docket. See the ADDRESSES section (a) The FAA must receive comments on action. for a location to examine the regulatory this AD action by December 20, 2006. evaluation. Regulatory Findings Affected ADs We have determined that this List of Subjects in 14 CFR Part 39 (b) None. proposed AD would not have federalism Applicability implications under Executive Order Air transportation, Aircraft, Aviation 13132. This proposed AD would not safety, Safety. (c) This AD applies to Bombardier Model have a substantial direct effect on the CL–600–1A11 (CL–600) airplanes, CL–600– The Proposed Amendment 2A12 (CL–601) airplanes, and CL–600–2B16 States, on the relationship between the (CL–601–3A, CL–601–3R, and CL–604) national Government and the States, or Accordingly, under the authority airplanes; certificated in any category; having on the distribution of power and delegated to me by the Administrator, serial numbers (S/Ns) as identified in the responsibilities among the various the FAA proposes to amend 14 CFR part service bulletins specified in Table 1 of this levels of government. 39 as follows: AD, as applicable.

TABLE 1.—BOMBARDIER SERVICE BULLETINS

Revision Service Bulletin level Date

600–0721 (for Model CL–600–1A11 (CL–600) airplanes) ...... 01 February 20, 2006. 601–0558 (for Model CL–600–2A12 (CL–601) airplanes, and CL–600–2B16 (CL–601–3A and CL–601–3R) 01 February 20, 2006. airplanes). 604–32–021 (for Model CL–600–2B16 (CL–604) airplanes) ...... 01 February 20, 2006.

Unsafe Condition further flight, do related investigative ladders, or platforms may be required to gain (d) This AD results from reports of (including a general visual inspection for proximity to the area being checked.’’ uncommanded partial retractions of the nose proper installation of the lock wire of the end cap) and corrective actions; in accordance Note 3: The service bulletins identified in landing gear (NLG). We are issuing this AD Table 1 of this AD refer to Tactair Fluid to prevent internal leakage of the selector with the applicable service bulletins identified in Table 1 of this AD. Controls Service Bulletin SB750006000–1, valve, which, under certain conditions, could Revision A, dated September 6, 2005, as an Note 1: Operators should be aware that result in an uncommanded retraction of the additional source of service information for NLG with consequent damage to the airplane selector valves having Bombardier P/N 601R75146–1 may be supplied by different doing the related investigative and corrective and possible serious injury to ground actions required by this AD. personnel. manufacturers and have different manufacturer part numbers. Only airplanes Parts Installation Compliance having selector valves manufactured by (e) You are responsible for having the Tactair Fluid Controls, having P/N (g) As of the effective date of this AD, no actions required by this AD performed within 750006000, are subject to the investigative person may install on any airplane a subject the compliance times specified, unless the and corrective actions specified in paragraph selector valve having a S/N from 0001 actions have already been done. (f) of this AD. through 0767 inclusive, unless that selector valve meets the requirements of paragraph (f) Inspection and Corrective Actions Note 2: For the purposes of this AD, a general visual inspection is: ‘‘A visual of this AD. (f) Within 500 flight hours or 12 months examination of an interior or exterior area, Alternative Methods of Compliance after the effective date of this AD, whichever installation, or assembly to detect obvious (AMOCs) occurs first, inspect to determine the damage, failure, or irregularity. This level of manufacturer part number (P/N) and S/N of inspection is made from within touching (h)(1) The Manager, New York Aircraft the selector valves of the NLG and nose gear distance unless otherwise specified. A mirror Certification Office (ACO), FAA, has the door. A review of airplane maintenance may be necessary to ensure visual access to authority to approve AMOCs for this AD, if records is acceptable in lieu of this all surfaces in the inspection area. This level requested in accordance with the procedures inspection if the S/Ns of the selector valves of inspection is made under normally found in 14 CFR 39.19. can be conclusively determined from that available lighting conditions such as (2) Before using any AMOC approved in review. For any subject selector valve having daylight, hangar lighting, flashlight, or accordance with § 39.19 on any airplane to Tactair Fluid Controls P/N 750006000 and a droplight and may require removal or which the AMOC applies, notify the S/N from 0001 through 0767 inclusive, before opening of access panels or doors. Stands, appropriate principal inspector in the FAA

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Flight Standards Certificate Holding District • Mail: Docket Management Facility, Management Facility office (telephone Office. U.S. Department of Transportation, 400 (800) 647–5227) is located on the plaza Related Information Seventh Street, SW., Nassif Building, level of the Nassif Building at the DOT Room PL–401, Washington, DC 20590. street address stated in the ADDRESSES (i) Canadian airworthiness directive CF– • 2006–16, dated July 6, 2006, also addresses Fax: (202) 493–2251. section. Comments will be available in the subject of this AD. • Hand Delivery: Room PL–401 on the AD docket shortly after the Docket Management System receives them. Issued in Renton, Washington, on the plaza level of the Nassif Building, November 8, 2006. 400 Seventh Street, SW., Washington, Discussion DC, between 9 a.m. and 5 p.m., Monday Ali Bahrami, The FAA has examined the Manager, Transport Airplane Directorate, through Friday, except Federal holidays. Contact Empresa Brasileira de underlying safety issues involved in fuel Aircraft Certification Service. tank explosions on several large [FR Doc. E6–19539 Filed 11–17–06; 8:45 am] Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos transport airplanes, including the BILLING CODE 4910–13–P Campos—SP, Brazil, for service adequacy of existing regulations, the information identified in this proposed service history of airplanes subject to AD. those regulations, and existing DEPARTMENT OF TRANSPORTATION maintenance practices for fuel tank FOR FURTHER INFORMATION CONTACT: systems. As a result of those findings, Federal Aviation Administration Rosanne Ryburn, Aerospace Engineer, we issued a regulation titled ‘‘Transport International Branch, ANM–116, FAA, 14 CFR Part 39 Airplane Fuel Tank System Design Transport Airplane Directorate, 1601 Review, Flammability Reduction and [Docket No. FAA–2006–26354; Directorate Lind Avenue, SW., Renton, Washington Maintenance and Inspection Identifier 2006–NM–196–AD] 98057–3356; telephone (425) 227–2139; Requirements’’ (66 FR 23086, May 7, fax (425) 227–1149. RIN 2120–AA64 2001). In addition to new airworthiness SUPPLEMENTARY INFORMATION: standards for transport airplanes and Airworthiness Directives; Empresa Comments Invited new maintenance requirements, this Brasileira de Aeronautica S.A. rule included Special Federal Aviation (EMBRAER) Model EMB–135 Airplanes We invite you to submit any relevant Regulation No. 88 (‘‘SFAR 88,’’ and Model EMB–145, –145ER, –145MR, written data, views, or arguments Amendment 21–78, and subsequent –145LR, –145XR, –145MP, and –145EP regarding this proposed AD. Send your Amendments 21–82 and 21–83). Airplanes comments to an address listed in the Among other actions, SFAR 88 ADDRESSES section. Include the docket requires certain type design (i.e., type AGENCY: Federal Aviation number ‘‘FAA–2006–26354; Directorate certificate (TC) and supplemental type Administration (FAA), Department of Identifier 2006–NM–196–AD’’ at the certificate (STC)) holders to substantiate Transportation (DOT). beginning of your comments. We that their fuel tank systems can prevent ACTION: Notice of proposed rulemaking specifically invite comments on the ignition sources in the fuel tanks. This (NPRM). overall regulatory, economic, requirement applies to type design environmental, and energy aspects of holders for large turbine-powered SUMMARY: The FAA proposes to adopt a the proposed AD. We will consider all transport airplanes and for subsequent new airworthiness directive (AD) for comments received by the closing date modifications to those airplanes. It certain EMBRAER Model EMB–135 and may amend the proposed AD in requires them to perform design reviews airplanes and Model EMB–145, –145ER, light of those comments. and to develop design changes and –145MR, –145LR, –145XR, –145MP, and We will post all comments we maintenance procedures if their designs –145EP airplanes. This proposed AD receive, without change, to http:// do not meet the new fuel tank safety would require replacing the metallic dms.dot.gov, including any personal standards. As explained in the preamble tubes enclosing the vent and pilot valve information you provide. We will also to the rule, we intended to adopt wires in the left- and right-hand wing post a report summarizing each airworthiness directives to mandate any fuel tanks with non-conductive hoses. substantive verbal contact with FAA changes found necessary to address This proposed AD results from fuel personnel concerning this proposed AD. unsafe conditions identified as a result system reviews conducted by the Using the search function of that Web of these reviews. manufacturer. We are proposing this AD site, anyone can find and read the In evaluating these design reviews, we to prevent an ignition source inside the comments in any of our dockets, have established four criteria intended fuel tank that could ignite fuel vapor including the name of the individual to define the unsafe conditions and cause a fuel tank explosion and loss who sent the comment (or signed the associated with fuel tank systems that of the airplane. comment on behalf of an association, require corrective actions. The DATES: We must receive comments on business, labor union, etc.). You may percentage of operating time during this proposed AD by December 20, review the DOT’s complete Privacy Act which fuel tanks are exposed to 2006. Statement in the Federal Register flammable conditions is one of these ADDRESSES: Use one of the following published on April 11, 2000 (65 FR criteria. The other three criteria address addresses to submit comments on this 19477–78), or you may visit http:// the failure types under evaluation: proposed AD. dms.dot.gov. single failures, single failures in • DOT Docket Web site: Go to combination with a latent condition(s), Examining the Docket http://dms.dot.gov and follow the and in-service failure experience. For all instructions for sending your comments You may examine the AD docket on four criteria, the evaluations included electronically. the Internet at http://dms.dot.gov, or in consideration of previous actions taken • Government-wide rulemaking Web person at the Docket Management that may mitigate the need for further site: Go to http://www.regulations.gov Facility office between 9 a.m. and action. and follow the instructions for sending 5 p.m., Monday through Friday, except We have determined that the actions your comments electronically. Federal holidays. The Docket identified in this AD are necessary to

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reduce the potential of ignition sources Therefore, we are proposing this AD, AD docket. See the ADDRESSES section inside fuel tanks, which, in combination which would require accomplishing the for a location to examine the regulatory with flammable fuel vapors, could result actions specified in the service evaluation. in fuel tank explosions and consequent information described previously. List of Subjects in 14 CFR Part 39 loss of the airplane. Costs of Compliance The Ageˆncia Nacional de Aviac¸a˜o Air transportation, Aircraft, Aviation Civil (ANAC), which is the This proposed AD would affect about safety, Safety. 620 airplanes of U.S. registry. The airworthiness authority for Brazil, The Proposed Amendment notified us that an unsafe condition may proposed actions would take about 1 exist on certain EMBRAER Model EMB– work hour per airplane, at an average Accordingly, under the authority 135 airplanes and Model EMB–145, labor rate of $80 per work hour. delegated to me by the Administrator, –145ER, –145MR, –145LR, –145XR, Required parts would cost between the FAA proposes to amend 14 CFR part –145MP, and –145EP airplanes. The $1,121 and $1,796 per airplane. Based 39 as follows: ANAC advises that sparking may occur on these figures, the estimated cost of the proposed AD for U.S. operators is PART 39—AIRWORTHINESS between wires of the vent and pilot DIRECTIVES valves of the pressure refueling system between $744,620, and $1,163,120, or inside the wing fuel tanks and the between $1,201 and $1,876 per airplane. 1. The authority citation for part 39 metallic tubes enclosing the wires. This Authority for This Rulemaking continues to read as follows: condition, if not corrected, could Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. provide an ignition source inside the specifies the FAA’s authority to issue fuel tank that could ignite fuel vapor § 39.13 [Amended] rules on aviation safety. Subtitle I, and cause a fuel tank explosion and loss 2. The Federal Aviation section 106, describes the authority of of the airplane. Administration (FAA) amends § 39.13 the FAA Administrator. Subtitle VII, by adding the following new Relevant Service Information Aviation Programs, describes in more airworthiness directive (AD): detail the scope of the Agency’s EMBRAER has issued Service authority. Empresa Brasileira de Aeronautica S.A. Bulletins 145–28–0023, Revision 05, We are issuing this rulemaking under (EMBRAER): Docket No. FAA–2006– dated May 15, 2006 (for Model EMB– the authority described in subtitle VII, 26354; Directorate Identifier 2006–NM– 135ER, –135KE, –135KL, –135LR, –145, part A, subpart III, section 44701, 196–AD. –145ER, –145MR, –145LR, –145XR, ‘‘General requirements.’’ Under that Comments Due Date –145MP, and –145EP airplanes), and section, Congress charges the FAA with 145LEG–28–0018, Revision 01, dated (a) The FAA must receive comments on promoting safe flight of civil aircraft in this AD action by December 20, 2006. April 20, 2005 (for Model EMB–135BJ air commerce by prescribing regulations Affected ADs airplanes). The service bulletins for practices, methods, and procedures describe procedures for replacing the the Administrator finds necessary for (b) None. metallic tubes enclosing the vent and safety in air commerce. This regulation Applicability pilot valve wires in the left- and right- is within the scope of that authority hand wing fuel tanks with non- (c) This AD applies to EMBRAER Model because it addresses an unsafe condition EMB–135BJ, –135ER, –135KE, –135KL, and conductive hoses. Accomplishing the that is likely to exist or develop on actions specified in the service –135LR airplanes and Model EMB–145, products identified in this rulemaking –145ER, –145MR, –145LR, –145XR, –145MP, information is intended to adequately action. and –145EP airplanes, certificated in any address the unsafe condition. The category; as identified in EMBRAER Service ANAC mandated the service Regulatory Findings Bulletins 145–28–0023, Revision 05, dated information and issued Brazilian We have determined that this May 15, 2006, and 145LEG–28–0018, airworthiness directive 2006–06–02, proposed AD would not have federalism Revision 01, dated April 20, 2005. dated June 28, 2006, to ensure the implications under Executive Order Unsafe Condition continued airworthiness of these 13132. This proposed AD would not airplanes in Brazil. (d) This AD results from fuel system have a substantial direct effect on the reviews conducted by the manufacturer. We FAA’s Determination and Requirements States, on the relationship between the are issuing this AD to prevent an ignition of the Proposed AD national Government and the States, or source inside the fuel tank that could ignite on the distribution of power and fuel vapor and cause a fuel tank explosion These airplane models are responsibilities among the various and loss of the airplane. manufactured in Brazil and are type levels of government. Compliance certificated for operation in the United For the reasons discussed above, I States under the provisions of section (e) You are responsible for having the certify that the proposed regulation: actions required by this AD performed within 21.29 of the Federal Aviation 1. Is not a ‘‘significant regulatory the compliance times specified, unless the Regulations (14 CFR 21.29) and the action’’ under Executive Order 12866; actions have already been done. applicable bilateral airworthiness 2. Is not a ‘‘significant rule’’ under the agreement. Pursuant to this bilateral DOT Regulatory Policies and Procedures Tube Replacement airworthiness agreement, the ANAC has (44 FR 11034, February 26, 1979); and (f) Within 5,000 flight hours or 48 months kept the FAA informed of the situation 3. Will not have a significant after the effective date of this AD, whichever described above. We have examined economic impact, positive or negative, occurs first, replace the metallic tubes ANAC’s findings, evaluated all on a substantial number of small entities enclosing the vent and pilot valve wires in the left- and right-hand wing fuel tanks with pertinent information, and determined under the criteria of the Regulatory new, improved, non-conductive hoses, in that we need to issue an AD for Flexibility Act. accordance with the Accomplishment airplanes of this type design that are We prepared a regulatory evaluation Instructions of the service bulletin specified certificated for operation in the United of the estimated costs to comply with in paragraph (f)(1) or (f)(2) of this AD, as States. this proposed AD and placed it in the applicable.

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(1) For Model EMB–135ER, –135KE, (2) For Model EMB–135BJ airplanes: the service information specified in Table 1 –135KL, –135LR, –145, –145ER, –145MR, EMBRAER Service Bulletin 145LEG–28– of this AD are considered acceptable for –145LR, –145XR, –145MP, and –145EP 0018, Revision 01, dated April 20, 2005. compliance with the corresponding actions airplanes: EMBRAER Service Bulletin 145– Credit for Actions Accomplished Using Prior specified in this AD. 28–0023, Revision 05, dated May 15, 2006. Revisions of Service Information (g) Actions accomplished before the effective date of this AD in accordance with

TABLE 1.—EMBRAER SERVICE INFORMATION

Service Bulletin Revision level Dated

145–28–0023 ...... 04 ...... November 7, 2005. 145–28–0023 ...... 03 ...... April 27, 2005. 145–28–0023 ...... 02 ...... November 8, 2004. 145–28–0023 ...... 01 ...... June 9, 2004. 145–28–0023 ...... Original ...... April 19, 2004. 145LEG–28–0018 ...... Original ...... April 23, 2004.

Alternative Methods of Compliance issued by an aviation authority of Comments will be available in the AD (AMOCs) another country to identify and correct docket shortly after receipt. (h)(1) The Manager, ANM–116, an unsafe condition on an aviation FOR FURTHER INFORMATION CONTACT: International Branch, Transport Airplane product. The MCAI describes the unsafe Albert J. Mercado, Aerospace Engineer, Directorate, FAA, has the authority to condition as an excessive lateral play FAA, Small Airplane Directorate, 901 approve AMOCs for this AD, if requested in caused by a nonconforming washer accordance with the procedures found in 14 Locust, Room 301, Kansas City, CFR 39.19. might lead to the deterioration of the Missouri, 64106; telephone: (816) 329– (2) Before using any AMOC approved in elevator trim tab bearing fatigue 4119; fax: (816) 329–4090. accordance with § 39.19 on any airplane to resistance. The proposed AD would SUPPLEMENTARY INFORMATION: which the AMOC applies, notify the require actions that are intended to appropriate principal inspector in the FAA address the unsafe condition described Streamlined Issuance of AD Flight Standards Certificate Holding District in the MCAI. The FAA is implementing a new Office. DATES: We must receive comments on process for streamlining the issuance of Related Information this proposed AD by December 20, ADs related to MCAI. The streamlined (i) Brazilian airworthiness directive 2006– 2006. process will allow us to adopt MCAI 06–02, dated June 28, 2006, also addresses safety requirements in a more efficient ADDRESSES: the subject of this AD. You may send comments by manner and will reduce safety risks to any of the following methods: the public. This process continues to Issued in Renton, Washington, on • DOT Docket Web Site: Go to November 8, 2006. follow all FAA AD issuance processes to http://dms.dot.gov and follow the Ali Bahrami, meet legal, economic, Administrative instructions for sending your comments Procedure Act, and Federal Register Manager, Transport Airplane Directorate, electronically. Aircraft Certification Service. requirements. We also continue to meet • Fax: (202) 493–2251. [FR Doc. E6–19540 Filed 11–17–06; 8:45 am] our technical decision-making • Mail: Docket Management Facility, BILLING CODE 4910–13–P responsibilities to identify and correct U.S. Department of Transportation, 400 unsafe conditions on U.S.-certificated Seventh Street, SW., Nassif Building, products. DEPARTMENT OF TRANSPORTATION Room PL–401, Washington, DC 20590– This proposed AD references the 0001. MCAI and related service information Federal Aviation Administration • Hand Delivery: Room PL–401 on that we considered in forming the the plaza level of the Nassif Building, engineering basis to correct the unsafe 14 CFR Part 39 400 Seventh Street, SW., Washington, condition. The proposed AD contains DC, between 9 a.m. and 5 p.m., Monday text copied from the MCAI and for this [Docket No. FAA–2006–26191; Directorate through Friday, except Federal holidays. Identifier 2006–CE–60–AD] reason might not follow our plain • Federal eRulemaking Portal: http:// language principles. RIN 2120–AA64 www.regulations.gov. Follow the instructions for submitting comments. Comments Invited Airworthiness Directives; EADS We invite you to send any written SOCATA Model TBM 700 Airplanes Examining the AD Docket relevant data, views, or arguments about AGENCY: Federal Aviation You may examine the AD docket on this proposed AD. Send your comments Administration (FAA), Department of the Internet at http://dms.dot.gov; or in to an address listed under the Transportation (DOT). person at the Docket Management ADDRESSES section. Include ‘‘Docket No. ACTION: Notice of proposed rulemaking Facility between 9 a.m. and 5 p.m., FAA–2006–26191; Directorate Identifier (NPRM). Monday through Friday, except Federal 2006–CE–60–AD’’ at the beginning of holidays. The AD docket contains this your comments. We specifically invite SUMMARY: We propose to adopt a new proposed AD, the regulatory evaluation, comments on the overall regulatory, airworthiness directive (AD) for the any comments received, and other economic, environmental, and energy products listed above. This proposed information. The street address for the aspects of this proposed AD. We will AD results from mandatory continuing Docket Office (telephone (800) 647– consider all comments received by the airworthiness information (MCAI) 5227) is in the ADDRESSES section. closing date and may amend this

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proposed AD because of those We might also have proposed 1. Is not a ‘‘significant regulatory comments. different actions in this AD from those action’’ under Executive Order 12866; We will post all comments we in the MCAI in order to follow FAA 2. Is not a ‘‘significant rule’’ under the receive, without change, to http:// policies. Any such differences are DOT Regulatory Policies and Procedures dms.dot.gov, including any personal described in a separate paragraph of the (44 FR 11034, February 26, 1979); and information you provide. We will also proposed AD. These requirements, if 3. Will not have a significant post a report summarizing each ultimately adopted, will take economic impact, positive or negative, substantive verbal contact we receive precedence over the actions copied from on a substantial number of small entities about this proposed AD. the MCAI. under the criteria of the Regulatory Flexibility Act. Discussion Costs of Compliance We prepared a regulatory evaluation The Direction ge´ne´rale de l’aviation Based on the service information, we of the estimated costs to comply with civile (DGAC), which is the aviation estimate that this proposed AD would this proposed AD and placed it in the authority for France, has issued French affect about 52 products of U.S. registry. AD docket. AD No F–2006–028, dated February 1, We also estimate that it would take 2006 (referred to after this as ‘‘the about 2 work-hours per product to List of Subjects in 14 CFR Part 39 MCAI’’), to correct an unsafe condition comply with the proposed AD. The Air transportation, Aircraft, Aviation for the specified products. The MCAI average labor rate is $80 per work-hour. safety, Safety. states an excessive lateral play caused Required parts would cost about $500 The Proposed Amendment by a nonconforming washer might lead per product. Where the service to the deterioration of the elevator trim information lists required parts costs Accordingly, under the authority tab bearing fatigue resistance. If not that are covered under warranty, we delegated to me by the Administrator, corrected, lateral play could generate have assumed that there will be no the FAA proposes to amend 14 CFR part deterioration of bearing fatigue life. The charge for these costs. As we do not 39 as follows: MCAI requires a check for absence of control warranty coverage for affected play and installation, if necessary, of a parties, some parties may incur costs PART 39—AIRWORTHINESS setting washer. You may obtain further higher than estimated here. Based on DIRECTIVES information by examining the MCAI in these figures, we estimate the cost of the 1. The authority citation for part 39 the AD docket. proposed AD on U.S. operators to be continues to read as follows: $34,320, or $660 per product. Relevant Service Information Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking EADS SOCATA has issued TBM § 39.13 [Amended] Aircraft Mandatory Service Bulletin SB Title 49 of the United States Code 2. The FAA amends § 39.13 by adding 70–135, ATA No. 55, dated December specifies the FAA’s authority to issue the following new AD: 2005. The actions described in this rules on aviation safety. Subtitle I, service information are intended to section 106, describes the authority of EADS SOCATA: Docket No. FAA–2006– correct the unsafe condition identified the FAA Administrator. ‘‘Subtitle VII: 26191; Directorate Identifier 2006–CE– in the MCAI. Aviation Programs,’’ describes in more 60–AD. detail the scope of the Agency’s Comments Due Date FAA’s Determination and Requirements authority. of the Proposed AD (a) We must receive comments by We are issuing this rulemaking under December 20, 2006. This product has been approved by the authority described in ‘‘Subtitle VII, Affected ADs the aviation authority of another Part A, Subpart III, Section 44701: country, and is approved for operation General requirements.’’ Under that (b) None. in the United States. Pursuant to our section, Congress charges the FAA with Applicability bilateral agreement with this State of promoting safe flight of civil aircraft in (c) This AD applies to EADS SOCATA Design Authority, they have notified us air commerce by prescribing regulations TBM 700 airplanes, serial numbers 271 of the unsafe condition described in the for practices, methods, and procedures through 328, certificated in any category. MCAI and service information the Administrator finds necessary for Reason referenced above. We are proposing this safety in air commerce. This regulation AD because we evaluated all is within the scope of that authority (d) The mandatory continuing information and determined the unsafe because it addresses an unsafe condition airworthiness information (MCAI) states an condition exists and is likely to exist or excessive lateral play caused by a that is likely to exist or develop on nonconforming washer might lead to the develop on other products of the same products identified in this rulemaking deterioration of the elevator trim tab bearing type design. action. fatigue resistance. Differences Between This Proposed AD Regulatory Findings Actions and Compliance and the MCAI or Service Information We determined that this proposed AD (e) Unless already done, within the next We have reviewed the MCAI and would not have federalism implications 100 hours time-in-service (TIS) or 12 months, related service information and, in under Executive Order 13132. This whichever occurs first, after the effective date general, agree with their substance. But proposed AD would not have a of this AD, verify there is no lateral play for we might have found it necessary to use substantial direct effect on the States, on both elevator trim tabs and correct, as different words from those in the MCAI necessary, by installing a setting washer as the relationship between the national instructed in the EADS SOCATA TBM to ensure the AD is clear for U.S. Government and the States, or on the Aircraft Mandatory Service Bulletin SB 70– operators and is enforceable. In making distribution of power and 135, ATA No. 55, dated December 2005. these changes, we do not intend to differ responsibilities among the various substantively from the information levels of government. FAA AD Differences provided in the MCAI and related For the reasons discussed above, I Note: This AD differs from the MCAI and/ service information. certify this proposed regulation: or service information as follows:

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Compliance time is defined as within 100 requirements for the BE–125, Quarterly 1441 L Street, NW., Washington, DC hours TIS or 12 months whichever occurs Survey of Transactions in Selected 20005. first. Services and Intangible Assets with • Public Inspection: Comments may Other FAA AD Provisions Foreign Persons. This rule would be inspected at BEA’s offices, 1441 L replace the rule for a similar but more Street, NW., Room 7006, between 8:30 (f) The following provisions also apply to this AD: limited survey, the BE–25, Quarterly a.m. and 5 p.m., Eastern Time Monday (1) Alternative Methods of Compliance Survey of Transactions with through Friday. (AMOCs): The Manager, Standards Staff, Unaffiliated Foreign Persons in Selected FOR FURTHER INFORMATION CONTACT: Obie FAA, ATTN: Albert J. Mercado, Aerospace Services and in Intangible Assets. A G. Whichard, Chief, International Engineer, FAA, Small Airplane Directorate, new agency form number and survey Investment Division (BE–50), Bureau of 901 Locust, Room 301, Kansas City, Missouri, title are being introduced because the Economic Analysis, U.S. Department of 64106; telephone: (816) 329–4119; fax: (816) survey program is being reconfigured to Commerce, Washington, DC 20230; 329–4090, has the authority to approve begin collection of data on transactions e-mail [email protected].; or AMOCs for this AD, if requested using the with affiliated foreigners using the same procedures found in 14 CFR 39.19. phone (202) 606–9890. (2) Airworthy Product: For any requirement survey instruments as are used to collect SUPPLEMENTARY INFORMATION: This in this AD to obtain corrective actions from information on transactions with proposed rule would amend 15 CFR a manufacturer or other source, use these unaffiliated foreigners and because part 801.9 to replace the reporting actions if they are FAA-approved. Corrective services once collected on an annual requirements for the BE–25, Quarterly actions are considered FAA-approved if they basis would now be collected quarterly. Survey of Transactions with are approved by the State of Design Authority This change will allow respondents to Unaffiliated Foreign Persons in Selected (or their delegated agent). You are required report transactions in services and to assure the product is airworthy before it Services and in Intangible Assets, with intangible assets with foreign persons requirements for the BE–125, Quarterly is returned to service. on one quarterly survey, rather than on (3) Reporting Requirements: For any Survey of Transactions in Selected reporting requirement in this AD, under the as many as three different quarterly Services and Intangible Assets with provisions of the Paperwork Reduction Act surveys and one annual survey. If Foreign Persons. The Department of (44 U.S.C. 3501 et seq.), the Office of adopted the BE–125 survey would be Commerce, as part of its continuing Management and Budget (OMB) has conducted quarterly beginning with the effort to reduce paperwork and approved the information collection first quarter of 2007. respondent burden, invites the general requirements and has assigned OMB Control The proposed BE–125 survey data are public and other Federal agencies to Number 2120–0056. used to update universe estimates from comment on proposed and/or Related Information similar data reported on the BE–120, continuing information collections, as (g) Refer to MCAI Direction ge´ne´rale de Benchmark Survey of Transactions in required by the Paperwork Reduction l’aviation civile Airworthiness Directive No. Selected Services and Intangible Assets Act of 1995. F–2006–028, dated February 01, 2006; and with Foreign Persons and on the EADS SOCATA TBM Aircraft Mandatory benchmark and quarterly direct Description of Changes Service Bulletin SB 70–135, ATA No. 55, investment surveys that were The proposed BE–125 survey would dated December 2005, for related administered to collect data on be a mandatory survey and would be information. transactions with affiliated foreign conducted, beginning with transactions Issued in Kansas City, Missouri, on persons. for the first quarter of 2007, by BEA November 9, 2006. DATES: Comments on this proposed rule under the International Investment and David R. Showers, will receive consideration if submitted Trade in Services Survey Act (22 U.S.C. Acting Manager, Small Airplane Directorate, in writing on or before 5 p.m. January 3101–3108), hereinafter, ‘‘the Act.’’ For Aircraft Certification Service. 19, 2007. the initial quarter of coverage, BEA [FR Doc. E6–19545 Filed 11–17–06; 8:45 am] would send the survey to potential ADDRESSES: You may submit comments, BILLING CODE 4910–13–P respondents in March of 2007; identified by RIN 0691–AA61, and responses would be due by May 15, referencing the agency name (Bureau of 2007. Economic Analysis), by any of the DEPARTMENT OF COMMERCE BEA maintains a continuing dialogue following methods: with respondents and with data users, • Bureau of Economic Analysis Federal eRulemaking Portal: http:// including its own internal users, to www.regulations.gov. Follow the ensure that, as far as possible, the 15 CFR Part 801 instructions for submitting comments. required data serve their intended For agency, select ‘‘Commerce [Docket No. 061005856–6256–01] purposes and are available from existing Department—all.’’ records, that instructions are clear, and RIN 0691–AA61 • E-mail: [email protected]. that unreasonable burdens are not • Fax: Office of the Chief, imposed. In reaching decisions on what International Services Surveys: BE– International Investment Division, (202) questions to include in the survey, BEA 125, Quarterly Survey of Transactions 606–5318. considered the Government’s need for in Selected Services and Intangible • Mail: Office of the Chief, the data, the burden imposed on Assets With Foreign Persons International Investment Division, U.S. respondents, the quality of the likely AGENCY: Bureau of Economic Analysis, Department of Commerce, Bureau of responses (for example, whether the Commerce. Economic Analysis, BE–50, Washington, data are available on respondents’ ACTION: Notice of proposed rulemaking. DC 20230. books), and BEA’s experience in • Hand Delivery/Courier: Office of the previous related annual and quarterly SUMMARY: This proposed rule amends Chief, International Investment surveys. regulations of the Bureau of Economic Division, U.S. Department of Commerce, If implemented, the BE–125 would Analysis, Department of Commerce Bureau of Economic Analysis, BE–50, collect all the same information as the (BEA) to set forth the reporting Shipping and Receiving, Section M100, BE–25, Quarterly Survey of

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Transactions Between U.S. and their impact on the U.S. and foreign the inclusion of transactions with Unaffiliated Foreign Persons in Selected economies; compile and improve the affiliated foreign persons. Services and in Intangible Assets, but it U.S. international transactions, national Comments are requested concerning: would also include services transactions income and product, and input–output (a) Whether the proposed collection of that BEA is currently collecting on the accounts; support U.S. commercial information is necessary for the proper BE–22, Annual Survey of Selected policy on services and intangible assets; performance of the functions of the Services Transactions Between U.S. and assess and promote U.S. agency, including whether the Unaffiliated Foreign Persons, and competitiveness in international trade information will have practical utility; services transactions with affiliated in services; and improve the ability of (b) the accuracy of the burden estimate; parties (i.e., with foreign affiliates, U.S. businesses to identify and evaluate (c) ways to enhance the quality, utility, foreign parents, and foreign affiliates of market opportunities. and clarity of the information collected; foreign parents). In addition to and (d) ways to minimize the burden of discontinuing the BE–25, BEA also Executive Order 12866 the collection of information on the proposes to discontinue the BE–22 at This proposed rule has been respondents, including the use of the time the BE–125 is implemented. determined to be not significant for automated collection techniques or BEA is currently collecting information purposes of E.O. 12866. other forms of information technology. Comments should be addressed to: on the transactions with affiliated Executive Order 13132 parties on its quarterly direct Director, Bureau of Economic Analysis investment surveys (the BE–577, Direct This proposed rule does not contain (BE–1), U.S. Department of Commerce, Transactions of U.S. Reporter with policies with Federalism implications Washington, DC 20230, fax: 202–606– Foreign Affiliate, the BE–605, sufficient to warrant preparation of a 5311; and the Office of Management and Transactions of U.S. Affiliate, except a Federal assessment under E.O. 13132. Budget, O.I.R.A., Paperwork Reduction U.S. Banking Affiliate, with Foreign Paperwork Reduction Act Project 0608–0058, Attention PRA Desk Parent, and the BE–605 Bank, Officer for BEA, via e-mail at Transactions of U.S. Banking Affiliate This proposed rule contains a [email protected] or by fax at 202– with Foreign Parent). These transactions collection-of-information requirement 395–7245. subject to review and approval by the with affiliated parties that are collected Regulatory Flexibility Act on BEA’s quarterly direct investment Office of Management and Budget surveys would now be collected on the (OMB) under the Paperwork Reduction The Chief Counsel for Regulation, BE–125. In addition, the BE–125 would Act. The requirement will be submitted Department of Commerce, has certified combine several services into one ‘‘other to OMB as a request for a revision of a to the Chief Counsel for Advocacy, selected services category’’, which currently approved collection under Small Business Administration, under would include any services not OMB control number 0608–0067. provisions of the Regulatory Flexibility individually covered by the survey or Notwithstanding any other provisions Act (5 U.S.C. 605(b)), that this proposed available from other sources. of the law, no person is required to rulemaking, if adopted, will not have a respond to, nor shall any person be significant economic impact on a Survey Background subject to a penalty for failure to comply substantial number of small entities. The Bureau of Economic Analysis with, a collection of information subject The information collection excludes (BEA), U.S. Department of Commerce, to the requirements of the Paperwork most small businesses from mandatory would conduct the survey under the Reduction Act unless that collection reporting. Companies that engage in International Investment and Trade in displays a currently valid Office of international transactions in covered Services Survey Act (22 U.S.C. 3101– Management and Budget Control services or intangible assets tend to be 3108), hereinafter, ‘‘the Act.’’ Section Number. relatively large, thereby excluding them 4(a) of the Act (22 U.S.C. 3103(a)) The BE–125 quarterly survey, as from the definition of small entity. In provides that the President shall, to the proposed, is expected to result in the addition, the reporting threshold for this extent he deems necessary and feasible, filing of reports containing mandatory survey is set at a level that will exempt conduct a regular data collection data from approximately 1,000 most small businesses from reporting. program to secure current information respondents on a quarterly basis, or The proposed BE–125 quarterly survey related to international investment and 4,000 annually. The respondent burden will be required from U.S. persons trade in services and publish for the use for this collection of information would whose sales of covered services or of the general public and United States vary from one respondent to another, intangible assets to foreign persons Government agencies periodic, regular, but is estimated to average 16 hours per exceeded $6 million for the previous and comprehensive statistical response (64 hours annually), including fiscal year or are expected to exceed of information collected pursuant to this time for reviewing instructions, that amount during the current fiscal subsection. searching existing data sources, year, or whose purchases of covered In Section 3 of Executive Order gathering and maintaining the data services or intangible assets from foreign 11961, as amended by Executive Orders needed, and completing and reviewing persons exceeded $4 million for the 12318 and 12518, the President the collection of information. Thus, the previous fiscal year or are expected to delegated the responsibilities under the total respondent burden for the BE–125 exceed that amount during the current Act for performing functions concerning survey is estimated at 64,000 hours, fiscal year. This amount is applied international trade in services to the compared to 35,200 hours estimated for separately to each of the individual Secretary of Commerce, who has the previous BE–25 survey. The increase types of transactions covered by the redelegated them to BEA. The survey in burden is a result of three factors: survey. The exemption level will would provide a basis for updating More U.S. persons with transactions in exclude most small businesses from estimates of the universe of transactions international services, the addition of mandatory coverage. Of those smaller between U.S. and foreign persons in selected services transactions that were businesses that must report, most will selected services and intangible assets. previously covered by the BE–22, tend to have specialized operations and The data are needed to monitor trade in annual survey of selected services activities, so they will likely report only services and intangible assets; analyze transactions (9,200 burden hours), and one type of transaction, often limited to

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transactions with a single partner purchases, the mandatory reporting financial services (purchases only, by country; therefore, the burden on them requirement may apply only to sales, companies or parts of companies that should be small. In addition, BEA only to purchases, or to both sales and are not financial services providers); services surveys mailings are targeted purchases. Quarterly reports for a year industrial engineering services; mailings. Thus, since small businesses may be required retroactively when it is industrial-type maintenance, tend not to be involved in the determined that the exemption level has installation, alteration, and training transactions to be covered by the BE– been exceeded. services; legal services; management, 125 survey, few small businesses should (2) Voluntary reporting. Reports are consulting, and public relations services receive the survey. However, those requested from each U.S. person that (including allocated expenses); receiving the survey are expected to had sales of covered services or merchanting services (sales only); incur a minimal burden in completing intangible assets to foreign persons that mining services; operational leasing the exemption form. were $6 million or less for the previous services; other trade-related services; fiscal year and are expected to be less performing arts, sports, and other live List of Subjects in 15 CFR Part 801 than or equal to that amount during the performances, presentations, and International transactions, Economic current fiscal year, or had purchases of events; premiums paid on purchases of statistics, Foreign trade, Penalties, covered services or intangible assets primary insurance; losses recovered on Reporting and recordkeeping from foreign persons that were $4 purchases of primary insurance; requirements. million or less for the previous fiscal research, development, and testing Dated: November 8, 2006. year and are expected to be less than or services; telecommunications services; Rosemary D. Marcuss, equal to that amount during the current and other selected services. ‘‘Other fiscal year. Provision of this information Acting Director, Bureau of Economic selected services’’ includes, but is not Analysis. is voluntary. The estimates may be limited to: Agricultural services; based on recall, without conducting a account collection services; For the reasons set forth in the detailed records search. Because these disbursements to fund news-gathering preamble, BEA proposes to amend 15 thresholds apply separately to sales and costs of broadcasters; disbursements to CFR part 801, as follows: purchases, voluntary reporting may fund news-gathering costs of print PART 801—SURVEY OF apply only to sales, only to purchases, media; disbursements to fund INTERNATIONAL TRADE IN SERVICES or to both. production costs of motion pictures; (B) Any person receiving a BE–125 BETWEEN U.S. AND FOREIGN disbursements to fund production costs survey form from BEA must complete PERSONS of broadcast program material other all relevant parts of the form and return than news; disbursements to maintain 1. The authority citation for 15 CFR the form to BEA. A person that is not government tourism and business part 801 continues to read as follows: subject to the mandatory reporting promotion offices; disbursements for Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22 requirement in paragraph (c)(6)(i)(A)(1) sales promotion and representation; U.S.C. 3101–3108; and E.O. 11961, 3 CFR, of this section and is not filing disbursements to participate in foreign 1977 Comp., p. 86, as amended by E.O. information on a voluntary basis must trade shows (purchases only); 12318, 3 CFR, 1981 Comp., p. 173, and E.O. complete Parts 1 and 2 of the survey. employment agencies and temporary 12518, 3 CFR, 1985 Comp., p. 348. This requirement is necessary to ensure help supply services; language 2. Amend § 801.9 by revising compliance with the reporting translation services; mailing, paragraph (c)(6) and removing and requirements and efficient reproduction, and commercial art; reserving paragraph (b)(2) to read as administration of the survey by management of health care facilities; follows: eliminating unnecessary follow-up salvage services; satellite photography contact. and remote sensing/satellite imagery § 801.9 Reports required. (C) Covered services and intangible services; security services; space (c) Quarterly surveys. * * * assets. The BE–125 survey is intended transport (includes satellite launches, (6) BE–125, Quarterly Survey of to collect information on U.S. transport of goods and people for Transactions in Selected Services and international trade in all types of scientific experiments, and space Intangible Assets with Foreign Persons: services and intangible assets for which passenger transport); transcription (i) A BE–125, Quarterly Survey of information is not collected in other services; and waste treatment and Transactions in Selected Services and BEA surveys and is not available to BEA depollution services. The intangible Intangible Assets with Foreign Persons, from other sources. The major types of assets covered by the BE–125 survey are will be conducted covering the first services transactions not covered by the rights related to: Industrial processes quarter of the 2007 calendar year and BE–125 survey are travel, and products; books, compact discs, every quarter thereafter. transportation, insurance (except for audio tapes and other copyrighted (A) Who must report—(1) Mandatory purchases of primary insurance), material and intellectual property; reporting. Reports are required from financial services (except for purchases trademarks, brand names, and each U.S. person that: (a) Had sales of by non-financial firms), and signatures; performances and events covered services or intangible assets to expenditures by students and medical pre-recorded on motion picture film and foreign persons that exceeded $6 patients who are studying or seeking television tape, including digital million for the previous fiscal year or treatment in a country different from recording; broadcast and recording of are expected to exceed that amount their country of residence. Covered live performances and events; general during the current fiscal year; or (b) had services are: Advertising services; use computer software; business format purchases of covered services or accounting, auditing, and bookkeeping franchising fees; and other intangible intangible assets from foreign persons services; auxiliary insurance services; assets, including indefeasible rights of that exceeded $4 million for the computer and data processing services; users. previous fiscal year or are expected to construction services; data base and (ii) [Reserved] exceed that amount during the current other information services; educational fiscal year. Because the thresholds are and training services; engineering, [FR Doc. E6–19565 Filed 11–17–06; 8:45 am] applied separately to sales and architectural, and surveying services; BILLING CODE 3510–06–P

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DEPARTMENT OF THE INTERIOR (2) Mail or hand delivery: You may (6) Information on whether the draft submit written comments and economic analysis makes appropriate Fish and Wildlife Service information to the Field Supervisor, assumptions regarding current practices U.S. Fish and Wildlife Service, 2800 and likely regulatory changes imposed 50 CFR Part 17 Cottage Way, Suite W–2605, as a result of the designation of critical RIN 1018–AU44 Sacramento, CA 95825. habitat; (3) Facsimile: You may fax your (7) Information on whether the draft Endangered and Threatened Wildlife comments to 916–414–6712. economic analysis correctly assesses the and Plants; Designation of Critical (4) Federal eRulemaking Portal: effect on regional costs associated with Habitat for the Cirsium hydrophilum http://www.regulations.gov. Follow the any land use controls that may derive var. hydrophilum (Suisun thistle) and instructions for submitting comments. from the designation of critical habitat; Cordylanthus mollis ssp. mollis (soft FOR FURTHER INFORMATION CONTACT: (8) Information on areas that could bird’s-beak) Arnold Roessler, Sacramento Fish and potentially be disproportionately Wildlife Office, at the address listed in impacted by designation of critical AGENCY: Fish and Wildlife Service, ADDRESSES (telephone 916–414–6600; habitat for C. hydrophilum var. Interior. facsimile 916–414–6712). Persons who hydrophilum or C. mollis ssp. mollis; ACTION: Proposed rule; reopening of use a telecommunications device for the (9) Any foreseeable economic or other comment period, notice of availability deaf (TDD) may call the Federal impacts resulting from the proposed of draft economic analysis, and Information Relay Service (FIRS) at designation of critical habitat, and in amended Required Determinations. 800–877–8339. particular, any impacts on small entities SUPPLEMENTARY INFORMATION: or families; the reasons why our SUMMARY: We, the U.S. Fish and conclusion that the proposed Wildlife Service (Service), announce the Public Comments Solicited designation of critical habitat will not reopening of the comment period on the We will accept written comments and result in a disproportionate effect to proposed designation of critical habitat information during this reopened small businesses should or should not for two tidal marsh plants: Cirsium comment period. We solicit comments warrant further consideration; and other hydrophilum var. hydrophilum (Suisun on the original proposed critical habitat information that would indicate that the thistle) and Cordylanthus mollis ssp. designation for Cirsium hydrophilum designation of critical habitat would or mollis (soft bird’s-beak). We also var. hydrophilum and Cordylanthus would not have any impacts on small announce the availability of the draft mollis ssp. mollis published in the entities or families; economic analysis for the proposed Federal Register on April 11, 2006 (71 (10) Information on whether the draft critical habitat designation and an FR 18456) and on our draft economic economic analysis appropriately amended Required Determinations analysis of the proposed designation. identifies all costs that could result from section of the proposal. The draft We will consider information and the designation; and economic analysis identifies potential recommendations from all interested (11) Information on whether our costs will be $1.6 million in parties. We are particularly interested in approach to critical habitat designation undiscounted dollars over a 20-year comments concerning: could be improved or modified in any period as a result of the proposed (1) The reasons why any habitat way to provide for greater public designation of critical habitat, including should or should not be determined to participation and understanding, or to those costs coextensive with listing and be critical habitat, as provided by assist us in accommodating public recovery. Discounted future costs are section 4 of the Endangered Species Act concern and comments. estimated to be $1.4 million over 20 of 1973, as amended (Act) (16 U.S.C. Pursuant to section 4(b)(2) of the Act, years ($95,002 annually) at a 3 percent 1531 et seq.), including whether the an area may be excluded from critical discount rate, or $1.2 million over 20 benefits of exclusion outweigh the habitat if it is determined that the years ($116,722 annually) at a 7 percent benefits of including such area as part benefits of such exclusion outweigh the discount rate. The amended Required of critical habitat; benefits of including a particular area as Determinations section provides our (2) Specific information on the critical habitat, unless the failure to determination concerning compliance amount and distribution of C. designate such area as critical habitat with applicable statutes and Executive hydrophilum var. hydrophilum or C. will result in the extinction of the Orders that we have deferred until the mollis ssp. mollis, and what habitat is species. We may exclude an area from information from the draft economic essential to the conservation of these designated critical habitat based on analysis of this proposal was available. plants and why; economic impacts, national security, or We are reopening the comment period (3) Land use designations and current any other relevant impact. to allow all interested parties to or planned activities in the subject areas All previous comments and comment simultaneously on the and their possible impacts on proposed information submitted during the initial proposed rule, the associated draft habitat; comment period on the April 11, 2006, economic analysis, and the amended (4) Information on the extent to which proposed rule (71 FR 18456) need not be Required Determinations section. any State and local environmental resubmitted. If you wish to comment, DATES: We will accept public comments protection measures referred to in the you may submit your comments and until December 20, 2006. draft economic analysis may have been materials concerning the draft economic ADDRESSES: Written comments and adopted largely as a result of the listing analysis and the proposed rule by any materials may be submitted to us by any of C. hydrophilum var. hydrophilum or one of several methods (see ADDRESSES). one of the following methods: C. mollis ssp. mollis; Our final designation of critical habitat (1) E-mail: You may send comments (5) Information on whether the draft will take into consideration all by electronic mail (e-mail) to: economic analysis identifies all State comments and any additional [email protected]. For directions and local costs attributable to the information we received during both on how to file comments electronically, proposed critical habitat designation, comment periods. On the basis of public see the ‘‘Public Comments Solicited’’ and information on any costs that have comment on this analysis, the critical section. been inadvertently overlooked; habitat proposal, and the final economic

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analysis, we may, during the species, at the time it is listed in and local laws that aid habitat development of our final determination, accordance with the Act, on which are conservation for C. hydrophilum var. find that areas proposed are not found those physical or biological hydrophilum and C. mollis ssp. mollis essential, are appropriate for exclusion features essential to the conservation of in essential habitat areas. The draft under section 4(b)(2) of the Act, or are the species and that may require special analysis considers both economic not appropriate for exclusion. management considerations or efficiency and distributional effects. In If submitting comments protection, and specific areas outside the case of habitat conservation, electronically, please also include the geographical area occupied by a efficiency effects generally reflect the ‘‘Attn: RIN 1018–AU44’’ and your name species at the time it is listed, upon a ‘‘opportunity costs’’ associated with the and return address in your e-mail determination that such areas are commitment of resources to comply message. If you do not receive a essential for the conservation of the with habitat protection measures (such confirmation from the system that we species. If the proposed rule is made as lost economic opportunities have received your e-mail message, final, section 7 of the Act will prohibit associated with restrictions on land please contact the person listed under destruction or adverse modification of use). FOR FURTHER INFORMATION CONTACT. critical habitat by any activity funded, This analysis also addresses how Our practice is to make comments, authorized, or carried out by any potential economic impacts are likely to including names and home addresses of Federal agency. Federal agencies be distributed, including an assessment respondents, available for public review proposing actions affecting areas of any local or regional impacts of during regular business hours. designated as critical habitat must habitat conservation and the potential Individual respondents may request that consult with us on the effects of their effects of conservation activities on we withhold their names and home proposed actions, pursuant to section small entities and the energy industry. addresses, etc., but if you wish us to 7(a)(2) of the Act. This information can be used by consider withholding this information, decision-makers to assess whether the you must state this prominently at the Draft Economic Analysis effects of the designation might unduly beginning of your comments. In Section 4(b)(2) of the Act requires that burden a particular group or economic addition, you must present rationale for we designate or revise critical habitat sector. Finally, this draft analysis looks withholding this information. This based upon the best scientific and retrospectively at costs that have been rationale must demonstrate that commercial data available, after taking incurred since the date these species disclosure would constitute a clearly into consideration the economic impact, were listed as endangered (November unwarranted invasion of privacy. impact on national security, or any 20, 1997; 62 FR 61916) and considers Unsupported assertions will not meet other relevant impact of specifying any those costs that may occur in the 20 this burden. In the absence of particular area as critical habitat. Based years following a designation of critical exceptional, documentable on the April 11, 2006, proposed rule to habitat. circumstances, this information will be designate critical habitat for Cirsium As stated earlier, we solicit data and released. We will always make hydrophilum var. hydrophilum and comments from the public on this draft submissions from organizations or Cordylanthus mollis ssp. mollis (71 FR economic analysis, as well as on all businesses, and from individuals 18456), we have prepared a draft aspects of the proposal. We may revise identifying themselves as economic analysis of the proposed the proposal or its supporting representatives of or officials of critical habitat designation. documents to incorporate or address organizations or businesses, available The current draft economic analysis new information received during the for public inspection in their entirety. estimates the foreseeable potential comment period. In particular, we may You may obtain copies of the economic impacts of the proposed exclude an area from critical habitat if proposed rule and draft economic critical habitat designation and other we determine that the benefits of analysis by mail from the Sacramento conservation-related actions for these excluding the area outweigh the benefits Fish and Wildlife Office at the address species on government agencies and of including the area as critical habitat, listed under ADDRESSES or by visiting private businesses and individuals. The provided such exclusion will not result our Web site at http://www.fws.gov/ economic analysis identifies potential in the extinction of the species. sacramento/. costs will be $1.6 million in undiscounted dollars over a 20-year Required Determinations—Amended Background period as a result of the proposed In our April 11, 2006 proposed rule We published a proposed rule to designation of critical habitat, including (71 FR 18456), we indicated that we designate critical habitat for Cirsium those costs coextensive with listing and would be deferring our determination of hydrophilum var. hydrophilum and recovery. Discounted future costs are compliance with several statutes and Cordylanthus mollis ssp. mollis on April estimated to be $1.4 million over 20 Executive Orders until the information 11, 2006 (71 FR 18456). Because the years ($95,002 annually) at a 3 percent concerning potential economic impacts proposed critical habitat partially discount rate, or $1.2 million over 20 of the designation and potential effects overlaps between the two species, the years ($116,722 annually) at a 7 percent on landowners and stakeholders was proposed critical habitat totaled discount rate. available in the draft economic analysis. approximately 2,726 acres (ac) (1,103 The draft economic analysis considers Those data are now available for our use hectares (ha)) in Solano, Contra Costa, the potential economic effects of actions in making these determinations. In this and Napa counties, California. In a June relating to the conservation of Cirsium notice we are affirming the information 14, 2004, settlement agreement, we hydrophilum var. hydrophilum and contained in the proposed rule agreed to submit for publication in the Cordylanthus mollis ssp. mollis, concerning Executive Order 13132 and Federal Register a final critical habitat including costs associated with sections Executive Order 12988; the Paperwork designation for these plants on or before 4, 7, and 10 of the Act, and including Reduction Act; and the President’s April 1, 2007. those attributable to designating critical memorandum of April 29, 1994, Critical habitat is defined in section 3 habitat. It further considers the ‘‘Government-to-Government Relations of the Act as the specific areas within economic effects of protective measures with Native American Tribal the geographical area occupied by a taken as a result of other Federal, State, Governments (59 FR 22951). Based on

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the information made available to us in benefits of specifying the area as critical To determine if the proposed the draft economic analysis, we are habitat and that such exclusion would designation of critical habitat for amending our Required Determinations, not result in the extinction of the Cirsium hydrophilum var. hydrophilum as provided below, concerning species. As such, we believe that the and Cordylanthus mollis ssp. mollis Executive Order 12866 and the evaluation of the inclusion or exclusion would affect a substantial number of Regulatory Flexibility Act, Executive of particular areas, or combination small entities, we considered the Order 13211, Executive Order 12630, thereof, in a designation constitutes our number of small entities affected within and the Unfunded Mandates Reform regulatory alternative analysis. particular types of economic activities Act. (such as residential and commercial Regulatory Flexibility Act (5 U.S.C. 601 development). We considered each Regulatory Planning and Review et seq.) industry or category individually to In accordance with Executive Order Under the Regulatory Flexibility Act determine if certification is appropriate. 12866, this document is a significant (RFA) (5 U.S.C. 601 et seq.), as amended In estimating the numbers of small rule because it may raise novel legal and by the Small Business Regulatory entities potentially affected, we also policy issues. Based on our draft Enforcement Fairness Act (5 U.S.C. considered whether their activities have economic analysis of the proposed 802(2)) (SBREFA), whenever an agency any Federal involvement; some kinds of designation of critical habitat for is required to publish a notice of activities are unlikely to have any Cirsium hydrophilum var. hydrophilum rulemaking for any proposed or final Federal involvement and so will not be and Cordylanthus mollis ssp. mollis, rule, it must prepare and make available affected by the designation of critical costs related to conservation activities for public comment a regulatory habitat. Designation of critical habitat for C. hydrophilum var. hydrophilum flexibility analysis that describes the only affects activities conducted, and C. mollis ssp. mollis pursuant to effect of the rule on small entities (i.e., funded, permitted, or authorized by sections 4, 7, and 10 of the Act are small businesses, small organizations, Federal agencies; non-Federal activities estimated to be approximately $1.6 and small government jurisdictions). are not affected by the designation. million (undiscounted) over 20 years. However, no regulatory flexibility If this proposed critical habitat Discounted future costs are estimated to analysis is required if the head of an designation is made final, Federal be $1.4 million over 20 years ($95,002 agency certifies the rule will not have a agencies must consult with us under annually) at a 3 percent discount rate, significant economic impact on a section 7 of the Act if their activities or $1.2 million over 20 years ($116,722 substantial number of small entities. may affect designated critical habitat. annually) at a 7 percent discount rate. Based upon our draft economic analysis Consultations to avoid the destruction Therefore, based on our draft economic of the proposed designation, we provide or adverse modification of critical analysis, it is not anticipated that the our analysis for determining whether habitat would be incorporated into the proposed designation of critical habitat the proposed rule would result in a existing consultation process. for C. hydrophilum var. hydrophilum significant economic impact on a In our draft economic analysis of the and C. mollis ssp. mollis would result in substantial number of small entities. proposed critical habitat designation, an annual effect on the economy of $100 Based on comments received, this we evaluated the potential economic million or more or affect the economy determination is subject to revision as effects on small business entities in a material way. Due to the timeline part of the final rulemaking. resulting from conservation actions for publication in the Federal Register, According to the Small Business related to the listing of Cirsium the Office of Management and Budget Administration (SBA), small entities hydrophilum var. hydrophilum and (OMB) has not formally reviewed the include small organizations, such as Cordylanthus mollis ssp. mollis and proposed rule or accompanying independent nonprofit organizations; proposed designation of its critical economic analysis. small governmental jurisdictions, habitat. The small business entities that Further, Executive Order 12866 including school boards and city and may be affected include a private non- directs Federal Agencies promulgating town governments that serve fewer than profit land conservation organization regulations to evaluate regulatory 50,000 residents; and small businesses and a private ranch. The draft economic alternatives (Office of Management and (13 CFR 121.201). Small businesses assessment does not project significant Budget, Circular A–4, September 17, include manufacturing and mining impacts to either entity because one 2003). Pursuant to Circular A–4, once it concerns with fewer than 500 business has unknown revenue with has been determined that the Federal employees, wholesale trade entities effects of the proposed habitat regulatory action is appropriate, the with fewer than 100 employees, retail designation likely being negligible. The agency will then need to consider and service businesses with less than $5 other business would potentially face alternative regulatory approaches. Since million in annual sales, general and annualized costs worth only 0.32 the determination of critical habitat is a heavy construction businesses with less percent of annual revenues. As such, we statutory requirement pursuant to the than $27.5 million in annual business, do not anticipate that this proposed Act, we must then evaluate alternative special trade contractors doing less than regulation will result in a significant regulatory approaches, where feasible, $11.5 million in annual business, and impact to a substantial number of small when promulgating a designation of agricultural businesses with annual business entities. critical habitat. sales less than $750,000. To determine Please refer to our draft economic In developing our designations of if potential economic impacts to these analysis of the proposed critical habitat critical habitat, we consider economic small entities are significant, we designation for a more detailed impacts, impacts to national security, considered the types of activities that discussion of potential economic and other relevant impacts pursuant to might trigger regulatory impacts under impacts. section 4(b)(2) of the Act. Based on the this designation as well as types of discretion allowable under this project modifications that may result. In Executive Order 13211—Energy provision, we may exclude any general, the term ‘‘significant economic Supply, Distribution, and Use particular area from the designation of impact’’ is meant to apply to a typical On May 18, 2001, the President issued critical habitat providing that the small business firm’s business Executive Order 13211 on regulations benefits of such exclusion outweigh the operations. that significantly affect energy supply,

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distribution, and use. Executive Order more is provided annually to State, of consultations between the Service 13211 requires agencies to prepare local, and Tribal governments under and any of these governments since C. Statements of Energy Effects when entitlement authority,’’ if the provision hydrophilum var. hydrophilum and C. undertaking certain actions. This would ‘‘increase the stringency of mollis ssp. mollis were listed as proposed designation of critical habitat conditions of assistance’’ or ‘‘place caps endangered on November 20, 1997 (62 for Cirsium hydrophilum var. upon, or otherwise decrease, the Federal FR 61916). It is likely that small hydrophilum and Cordylanthus mollis Government’s responsibility to provide governments involved with ssp. mollis is considered a significant funding’’ and the State, local, or tribal developments and infrastructure regulatory action under Executive Order governments ‘‘lack authority’’ to adjust projects will be interested parties or 12866 due to it potentially raising novel accordingly. (At the time of enactment, involved with projects involving section legal and policy issues. OMB has these entitlement programs were: 7 consultations for C. hydrophilum var. provided guidance for implementing Medicaid; Aid to Families with hydrophilum and C. mollis ssp. mollis this Executive Order that outlines nine Dependent Children work programs; within their jurisdictional areas. Any outcomes that may constitute ‘‘a Child Nutrition; Food Stamps; Social costs associated with this activity are significant adverse effect’’ when Services Block Grants; Vocational likely to represent a small portion of a compared without the regulatory action Rehabilitation State Grants; Foster Care, local government’s budget. under consideration. The draft Adoption Assistance, and Independent Consequently, we do not believe that economic analysis finds that none of Living; Family Support Welfare the designation of critical habitat for C. these criteria are relevant to this Services; and Child Support hydrophilum var. hydrophilum and C. analysis. Thus, based on the information Enforcement.) ‘‘Federal private sector mollis ssp. mollis will significantly or in the draft economic analysis, energy- mandate’’ includes a regulation that uniquely affect these small related impacts associated with C. ‘‘would impose an enforceable duty governmental entities. As such, a Small hydrophilum var. hydrophilum and C. upon the private sector, except (i) a Government Agency Plan is not mollis ssp. mollis conservation activities condition of Federal assistance; or (ii) a required. within proposed critical habitat are not duty arising from participation in a expected. As such, the proposed voluntary Federal program.’’ Executive Order 12630—Takings designation of critical habitat is not The designation of critical habitat In accordance with Executive Order expected to significantly affect energy does not impose a legally binding duty 12630 (‘‘Government Actions and supplies, distribution, or use and a on non-Federal government entities or Interference with Constitutionally Statement of Energy Effects is not private parties. Under the Act, the only Protected Private Property Rights’’), we required. regulatory effect is that Federal agencies must ensure that their actions do not have analyzed the potential takings Unfunded Mandates Reform Act (2 destroy or adversely modify critical implications of proposing critical U.S.C. 1501 et seq.) habitat under section 7. Non-Federal habitat for Cirsium hydrophilum var. In accordance with the Unfunded entities that receive Federal funding, hydrophilum and Cordylanthus mollis Mandates Reform Act (2 U.S.C. 1501), assistance, permits, or otherwise require ssp. mollis in a takings implications the Service makes the following approval or authorization from a Federal assessment. The takings implications findings: agency for an action may be indirectly assessment concludes that this proposed (a) This rule will not produce a impacted by the designation of critical designation of critical habitat for C. Federal mandate. In general, a Federal habitat. However, the legally binding hydrophilum var. hydrophilum and C. mandate is a provision in legislation, duty to avoid destruction or adverse mollis ssp. mollis does not pose statute, or regulation that would impose modification of critical habitat rests significant takings implications. an enforceable duty upon State, local, or squarely on the Federal agency. Author Tribal governments, or the private Furthermore, to the extent that non- sector, and includes both ‘‘Federal Federal entities are indirectly impacted The primary authors of this notice are intergovernmental mandates’’ and because they receive Federal assistance the staff of the Sacramento Fish and ‘‘Federal private sector mandates.’’ or participate in a voluntary Federal aid Wildlife Office. These terms are defined in 2 U.S.C. program, the Unfunded Mandates Authority 658(5)–(7). ‘‘Federal intergovernmental Reform Act would not apply, nor would mandate’’ includes a regulation that critical habitat shift the costs of the large The authority for this action is the ‘‘would impose an enforceable duty entitlement programs listed above on to Endangered Species Act of 1973 (16 upon State, local, or tribal State governments. U.S.C. 1531 et seq.). governments,’’ with two exceptions. It (b) As discussed in the draft economic excludes ‘‘a condition of federal analysis of the proposed designation of Dated: November 13, 2006. assistance.’’ It also excludes ‘‘a duty critical habitat for Cirsium hydrophilum Todd Willens, arising from participation in a voluntary var. hydrophilum and Cordylanthus Acting Assistant Secretary for Fish and Federal program,’’ unless the regulation mollis ssp. mollis, the impacts on Wildlife and Parks. ‘‘relates to a then-existing Federal nonprofits and small governments are [FR Doc. E6–19572 Filed 11–17–06; 8:45 am] program under which $500,000,000 or expected to be small. There is no record BILLING CODE 4310–55–P

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Notices Federal Register Vol. 71, No. 223

Monday, November 20, 2006

This section of the FEDERAL REGISTER also be used to enhance or restore available for these competitive grants is contains documents other than rules or fisheries habitat of the lake. $250,000. Funding under this proposed rules that are applicable to the DATES: Recreational boating and fishing announcement is targeted to the Rural public. Notices of hearings and investigations, opportunities at Okhissa Lake will be Economic Area Partnerships (REAP) committee meetings, agency decisions and Zones. A list of current REAP Zones is rulings, delegations of authority, filing of available to the public between July and petitions and applications and agency November 2007. Other recreational available at http://www.ezec.gov/ statements of organization and functions are activities described above will be communit/reap.html. This notice is examples of documents appearing in this available as infrastructure to support being issued prior to passage of a final section. them is added. appropriations bill to allow applicants FOR FURTHER INFORMATION CONTACT: Jeff sufficient time to leverage financing, Gainey, Recreation Program Manager, submit applications, and give the DEPARTMENT OF AGRICULTURE 601–965–1617, National Forests in Agency time to process applications. DATES: The deadline for receipt of Forest Service Mississippi, 100 West Capitol Street, Suite 1141, Jackson, MS 39269. applications in the Rural Development State Office is December 8, 2006. Notice of New Recreation Fee Site; SUPPLEMENTARY INFORMATION: The Federal Lands Recreation Federal Recreation Lands Enhancement Applications received at a Rural Enhancement Act, (Title VIII, Pub. L. Act (Title VII, P.L. 108–447) directed the Development State Office after that date 108–447) Secretary of Agriculture to publish will not be considered for FY 2007 advance notice in the Federal Register funding. AGENCY: Homochitto National Forest, whenever new recreation fee areas are ADDRESSES: For further information, USDA Forest Service. established. The Homochitto National entities located in REAP Zones wishing Forest currently manages only one other to apply for assistance should contact a ACTION: Notice of new recreation fee developed recreation site that provides Rural Development State Office to site. camping, fishing and other day-use receive further information and copies activities. Comparable recreational use of the application package. REAP Zones SUMMARY: Okhissa Lake is a recreational fees are currently charged at this site. are located in the states of New York, complex currently under development Development of Okhissa Lake and North Dakota, and Vermont. Contact on the Homochitto National Forest, associated facilities are aimed at information for the Rural Development located near Bude, Mississippi. The lake creating new recreational opportunities State Offices in those states is as will open for use by the public for in an area that is economically follows: boating and fishing between July and depressed. November 2007. The exact opening date New York, USDA Rural Development will depend on completing work on Dated: November 7, 2006. State Office, The Galleries of infrastructure needed to support fishing Antoine L. Dixon, Syracuse, 441 South Salina Street, Suite 357, Syracuse, NY 13202–2541, (restrooms, boat launch, parking lots, Forest Supervisor, National Forest in etc.). Other recreational day-use Mississippi. (315) 477–6400/TDD (315) 477–6447. North Dakota, USDA Rural activities (swimming, picnicking) will [FR Doc. 06–9260 Filed 11–17–06; 8:45 am] Development State Office, Federal be available later as amenities to BILLING CODE 3410–11–M Building, Room 208, 220 East Rosser, accommodate them are added. The P.O. Box 1737, Bismarck, ND 58502– Forest Service proposes to charge $5 per 1737, (701) 530–2037/TDD (701) 530– vehicle for access to all day-use DEPARTMENT OF AGRICULTURE 2113. activities (boat launching, swimming, Rural Business-Cooperative Service Vermont/New Hampshire, USDA Rural and picnicking). Fees will not be Development State Office, City charged until infrastructure needed to Inviting Rural Business Enterprise Center, 3rd Floor, 89 Main Street, support an activity is available for use Grant Program Applications for Montpelier, VT 05602, (802) 828– by the public. A $50 annual pass will Feasibility Studies or Feasibility and 6000/TDD (802) 223–6365. also be available for purchase by the Marketing Studies SUPPLEMENTARY INFORMATION: public. The annual pass would allow 12-month access to all day-use activities AGENCY: Rural Business-Cooperative Overview (boat launching, swimming, and Service, USDA. Federal Agency: Rural Business- picnicking). Opportunities for ACTION: Notice. Cooperative Service (RBS). developed and primitive camping will Funding Opportunity Title: Rural be available in the future as work SUMMARY: The Rural Business- Business Enterprise Grants. needed to accommodate these activities Cooperative Service (RBS), an Agency Announcement Type: Initial is complete. When available, the Forest within the Rural Development mission announcement. Service will charge $13 for developed area, announces the availability of Catalog of Federal Domestic camping and $7 for primitive camping. grants up to $50,000 per application Assistance Number: 10.769. Funds received from these fees will be from the Rural Business Enterprise Dates: Application Deadline: used for continued operation and Grant (RBEG) Program for fiscal year Completed applications must be maintenance of the recreational (FY) 2007 for feasibility studies or received in the Rural Development State complex and allow additional amenities feasibility and marketing studies, to be Office no later than December 8, 2006, to be added in the future. Funds will competitively awarded. The amount to be eligible for FY 2007 grant funding.

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Applications received after this date II. Award Information C. Submission Dates and Times will not be eligible for FY 2007 grant Type of Award: Grant. Application Deadline Date: December funding. Fiscal Year Funds: FY 2007. 8, 2006. I. Funding Opportunity Description Total Funding: $250,000. Explanation of Deadlines: The RBEG program is authorized by Approximate Number of Awards: 5. Applications must be in the Rural section 310B(c) of the Consolidated Average Award: $50,000. Development State Office by the deadline date. All eligible applications, Farm and Rural Development Act Anticipated Award Date: February 15, along with tentative scoring sheets and (CONACT) (7 U.S.C. 1932(c)). 2007. Regulations are contained in 7 CFR part the Rural Development State Director’s 1942, subpart G. The primary objective III. Eligibility Information recommendation, will be referred to the National Office no later than December of the program is to improve the A. Eligible Applicants economic conditions of rural areas. The 29, 2006, for final scoring and selection program is administered on behalf of Grants may be made to public bodies for an award. and private nonprofit corporations RBS at the State level by the Rural V. Application Review Information Development State Offices. Assistance serving rural areas. Public bodies provided to rural areas under this include States, counties, cities, The National Office will score program may include feasibility studies townships, and incorporated town and applications based on the grant or feasibility and marketing studies for villages, boroughs, authorities, districts, selection criteria and weights contained business development and economic and Indian tribes on Federal and State in 7 CFR part 1942, subpart G and will development planning. The maximum reservations and other Federally select a grantee subject to the grantee’s grant available under this NOFA is recognized Indian Tribal groups in rural satisfactory submission of a formal $50,000. Awards are made on a areas. application and related materials in the competitive basis using specific manner established by RBS in B. Cost Sharing or Matching selection criteria contained in 7 CFR accordance with 7 CFR part 1942, part 1942, subpart G. Information Matching funds are not required. subpart G. required to be in the application package include an SF–424, C. Other Eligibility Requirements VI. Award Administration Information ‘‘Application for Federal Assistance,’’ Applications will only be accepted A. Award Notices RD 1940–20, ‘‘Request for from Rural Economic Area Partnerships Successful applicants will receive Environmental Information,’’ Scope of (REAP) Zones for feasibility studies or notification for funding from the Rural Work Narrative, Income Statement, feasibility and marketing studies. Balance Sheet or Audit for previous Development State Office. Applicants three years, AD–1047, ‘‘Debarment/ D. Completeness Eligibility must comply with all applicable statutes and regulations before the grant award Suspension Certification,’’ AD–1048, Applications will not be considered will be approved. Unsuccessful ‘‘Certification Regarding Debarment, for funding if they do not provide applications will receive notification by Suspension, Ineligibility and Voluntary sufficient information to determine mail. Exclusion,’’ AD–1049, ‘‘Certification eligibility or missing required elements. Regarding Drug-Free Workplace B. Administrative and National Policy IV. Fiscal Year 2007 Application and Requirements,’’ Restrictions on Requirements Lobbying, RD 400–1, ‘‘Equal Submission Information Additional requirements that apply to Opportunity Agreement,’’ RD 400–4, A. Address To Request Application grantees selected for this program can be ‘‘Assurance Agreement,’’ Letter stating Package Board authorization to obtain assistance, found in the 7 CFR part 1942, subpart Letter certifying citizenship, as For further information, entities G and 7 CFR chapter XXX. wishing to apply for assistance should referenced in 7 CFR 1942.307(b), and VII. Agency Contacts Evidence of Insurance and Bonding contact the Rural Development State equal to the amount of Federal funds Office identified in this NOFA to obtain For general questions about this with the Agency listed as the loss payee. copies of the application package. announcement, please contact your USDA Rural Development State Office Applications will be tentatively scored B. Content and Form of Submission by the State Offices and submitted to the identified in this NOFA. An application must contain all of the National Office for review. To ensure Nondiscrimination Statement that only high quality projects are required elements. Each application funded, States may submit only those received in a Rural Development State ‘‘The U.S. Department of Agriculture projects to the National Office that score Office will be reviewed to determine if (USDA) prohibits discrimination in all one-hundred (100) or more of the points it is consistent with the eligible its programs and activities on the basis available at the State level. After purposes contained in section 310B(c) of race, color, national origin, age, submission to the National Office, of the CONACT. Each selection priority disability, and where applicable, sex, applications will be ranked based on criterion outlined in 7 CFR 1942.305 marital status, familial status, parental merit. The Agency Administrator may (b)(3), must be addressed in the status, religion, sexual orientation, then assign up to 50 discretionary application. Failure to address any of genetic information, political beliefs, points to ensure geographic distribution the criteria will result in a zero-point reprisal, or because all or part of an of funds. After the assignment of score for that criterion and will impact individual’s income is derived from any discretionary points, final selections the overall evaluation of the application. public assistance program. (Not all will be made. Copies of 7 CFR part 1942, subpart G, prohibited bases apply to all programs.) will be provided to any interested Persons with disabilities who require Definitions applicant making a request to a Rural alternative means for communication of The definitions are published at 7 Development State Office listed in this program information (braille, large CFR 1942.304. notice. print, audiotape, etc.) should contact

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USDA’s TARGET Center at (202) 720– will not be considered for FY 2007 Hawaii 2600 (voice and TDD). funding. USDA Rural Development State Office, To file a complaint of discrimination, FOR FURTHER INFORMATION CONTACT: Federal Building, Room 311, 154 write to USDA, Director, Office of Civil Waianuenue Avenue, Hilo, HI 96720, (808) Cindy Mason, Loan Specialist, Rural 933–8380/TDD (808) 933–8321 Rights, 1400 Independence Avenue, Business-Cooperative Service, USDA, SW., Washington, DC 20250–9410 or STOP 3225, Room 6866, 1400 Idaho call (800) 795–3272 (voice) or (202) Independence Avenue, SW., USDA Rural Development State Office, 9173 720–6382 (TDD). USDA is an equal Washington, DC 20250–3225. West Barnes Dr., Suite A1, Boise, ID 83709, opportunity provider, employer, and Telephone: (202) 690–1433, FAX: (202) (208) 378–5600/TDD (208) 378–5644 lender.’’ 720–2213. Illinois Dated: November 14, 2006. ADDRESSES: For additional information, USDA Rural Development State Office, 2118 Jackie J. Gleason, entities wishing to apply for assistance W. Park Court, Suite A, Champaign, IL Administrator, Rural Business-Cooperative should contact a Rural Development 61821, (217) 403–6200/TDD (217) 403– Service. State Office to obtain copies of the 6240 [FR Doc. E6–19499 Filed 11–17–06; 8:45 am] application package. A list of Rural Indiana BILLING CODE 3410–XY–P Development State Offices follows: USDA Rural Development State Office, 5975 District of Columbia Lakeside Boulevard, Indianapolis, IN 46278, (317) 290–3100/TDD (317) 290– Rural Development Business Programs, DEPARTMENT OF AGRICULTURE 3343 USDA, Specialty Lenders Division, 1400 Rural Business-Cooperative Service Independence Avenue, SW., STOP 3225, Iowa Room 6867, Washington, DC 20250–3225, USDA Rural Development State Office, Inviting Rural Business Enterprise (202) 720–1400 Federal Building, Room 873, 210 Walnut Grant Program Preapplications for Alabama Street, Des Moines, IA 50309, (515) 284– 4663/TDD (515) 284–4858 Technical Assistance for Rural USDA Rural Development State Office, Transportation Systems Sterling Centre, Suite 601, 4121 Kansas AGENCY: Rural Business-Cooperative Carmichael Road, Montgomery, AL 36106– USDA Rural Development State Office, 1303 3683, (334) 279–3400/TDD (334) 279–3495 Service, USDA. S.W., First American Place, Suite 100, Topeka, KS 66604–4040, (785) 271–2700/ ACTION: Alaska Notice. TDD (785) 271–2767 USDA Rural Development State Office, 800 SUMMARY: The Rural Business- West Evergreen, Suite 201, Palmer, AK Kentucky Cooperative Service (RBS), an Agency 99645–6539, (907) 761–7705/TDD (907) USDA Rural Development State Office, 771 within the Rural Development mission 761–8905 Corporate Drive, Suite 200, Lexington, KY area, announces the availability of two Arizona 40503, (859) 224–7300/TDD (859) 224– individual grants: One single $495,000 7422 grant from the passenger transportation USDA Rural Development State Office, 230 N. 1st Ave., Suite 206, Phoenix, AZ 85003, Louisiana funds appropriated for the Rural (602) 280–8701/TDD (602) 280–8705 USDA Rural Development State Office, 3727 Business Enterprise Grant (RBEG) Arkansas Government Street, Alexandria, LA 71302, program and another single $250,000 (318) 473–7921/TDD (318) 473–7655 grant for Federally Recognized Native USDA Rural Development State Office, 700 American Tribes’ (FRNAT) from funds West Capitol Avenue, Room 3416, Little Maine appropriated for the RBEG program. Rock, AR 72201–3225, (501) 301–3200/ USDA Rural Development State Office, 967 RBS will administer these awards under TDD (501) 301–3279 Illinois Avenue, Suite 4, P.O. Box 405, the RBEG program and 7 U.S.C. California Bangor, ME 04402–0405, (207) 990–9160/ TDD (207) 942–7331 1932(c)(2) for fiscal year (FY) 2007. USDA Rural Development State Office, 430 G Historically, Congress has allotted Street, # 4169, Davis, CA 95616–4169, Massachusetts/Rhode Island/Connecticut earmark funding for these specific (530) 792–5800/TDD (530) 792–5848 USDA Rural Development State Office, 451 programs. This notice is being issued Colorado West Street, Suite 2, Amherst, MA 01002– prior to passage of a final appropriations 2999, (413) 253–4300/TDD (413) 253–4590 bill, which may or may not provide an USDA Rural Development State Office, 655 Parfet Street, Room E100, Lakewood, CO Michigan appropriation for these programs, to 80215, (720) 544–2903/TDD (720) 544– USDA Rural Development State Office, 3001 allow applicants sufficient time to 2976 Coolidge Road, Suite 200, East Lansing, MI leverage financing, submit applications, Delaware-Maryland 48823, (517) 324–5190/TDD (517) 324– and give the Agency time to process 5169 applications within the current fiscal USDA Rural Development State Office, 1221 year. Each grant is to be competitively College Park Drive, Suite 200, Dover, DE Minnesota awarded to a qualified national 19904, (302) 857–3580/TDD (302) 857– USDA Rural Development State Office, 375 3585 organization. These grants are to Jackson Street, Suite 410, St. Paul, MN 55101–1853, (651) 602–7800/TDD (651) Florida/Virgin Islands provide technical assistance for rural 602–3799 transportation and rural transportation USDA Rural Development State Office, 4440 to FRNAT’s. This notice will be NW 25th Place, P.O. Box 147010, Mississippi amended should funding in excess of Gainesville, FL 32614–7010, (352) 338– USDA Rural Development State Office, projected levels be received. 3400/TDD (352) 338–3499 Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS 39269, (601) 965–4316/ DATES: The deadline for receipt of Georgia TDD (601) 965–5850 preapplications in the Rural USDA Rural Development State Office, Development State Office is January 31, Stephens Federal Building, 355 E. Hancock Missouri 2007. Applications received at a Rural Avenue, Athens, GA 30601–2768, (706) USDA Rural Development State Office, 601 Development State Office after that date 546–2162/TDD (706) 546–2034 Business Loop 70 West, Parkade Center,

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Suite 235, Columbia, MO 65203, (573) Avenue, San Juan, PR 00918–6106, (787) State Offices. The primary objective of 876–0976/TDD (573) 876–9480 766–5095/TDD (787) 766–5332 the program is to improve the economic Montana South Carolina conditions of rural areas. Assistance provided to rural areas under this USDA Rural Development State Office, 900 USDA Rural Development State Office, Strom Technology Boulevard, Suite B, P.O. Box Thurmond Federal Building, 1835 program may include on-site technical 85, Bozeman, MT 59771, (406) 585–2580/ Assembly Street, Room 1007,Columbia, SC assistance to local and regional TDD (406) 585–2562 29201, (803) 765–5163/TDD (803) 765– governments, public transit agencies, 5697 and related nonprofit and for-profit Nebraska organizations in rural areas; the South Dakota USDA Rural Development State Office, development of training materials; and Federal Building, Room 152, 100 USDA Rural Development State Office, the provision of necessary training Centennial Mall North, Lincoln, NE 68508, Federal Building, Room 210, 200 Fourth assistance to local officials and agencies (402) 437–5551/TDD (402) 437–5093 Street, SW, Huron, SD 57350, (605) 352– 1100/TDD (605) 352–1147 in rural areas. Nevada Awards under the RBEG passenger Tennessee USDA Rural Development State Office, 1390 transportation program will be made on South Curry Street, Carson City, NV USDA Rural Development State Office, 3322 a competitive basis using specific 89703–5146, (775) 887–1222/TDD (775) West End Avenue, Suite 300, Nashville, selection criteria contained in 7 CFR 885–0633 TN 37203–1084, (615) 783–1300 part 1942, subpart G, and in accordance Texas with section 310B(c)(2) of the CONACT. New Jersey That subpart also contains the USDA Rural Development State Office, 8000 USDA Rural Development State Office, information required to be in the Midlantic Drive, 5th Floor North, Suite Federal Building, Suite 102, 101 South Main, Temple, TX 76501, (254) 742–9700/ application package. For the FRNAT 500, Mt. Laurel, NJ 08054, (856) 787–7700/ grant, which must benefit Federally TDD (856) 787–7784 TDD (254) 742–9712 Recognized Native American Tribes, at New Mexico Utah least 75 percent of the benefits of the USDA Rural Development State Office, 6200 USDA Rural Development State Office, project must be received by members of Jefferson Street, NE, Room 255, Wallace F. Bennett Federal Building, 125 Federally Recognized Native American Albuquerque, NM 87109, (505) 761–4950/ South State Street, Room 4311, Salt Lake Tribes. The project that scores the TDD (505) 761–4938 City, UT 84147–0350, (801) 524–4320/TDD greatest number of points based on the (801) 524–3309 New York RBEG selection criteria and Vermont/New Hampshire Administrator’s points will be selected USDA Rural Development State Office, The Galleries of Syracuse, 441 South Salina USDA Rural Development State Office, City for each grant. Applications will be Street, Suite 357, Syracuse, NY 13202– Center, 3rd Floor, 89 Main Street, tentatively scored by the State Offices 2541, (315) 477–6400/TDD (315) 477–6447 Montpelier, VT 05602, (802) 828–6000/ and submitted to the National Office for TDD (802) 223–6365 review, final scoring, and selection. North Carolina Virginia Applicants must be qualified national USDA Rural Development State Office, 4405 nonprofit organizations with experience Bland Road, Suite 260, Raleigh, NC 27609, USDA Rural Development State Office, 1606 in providing technical assistance and (919) 873–2000/TDD (919) 873–2003 Santa Rosa Road, Suite 238, Richmond, VA 23229–5014, (804) 287–1550/TDD (804) training to rural communities for the North Dakota 287–1753 purpose of improving passenger transportation service or facilities. To be USDA Rural Development State Office, Washington Federal Building, Room 208, 220 East considered ‘‘national’’ RBS requires a Rosser, P.O. Box 1737, Bismarck, ND USDA Rural Development State Office, 1835 qualified organization to provide 58502–1737, (701) 530–2037/TDD (701) Black Lake Boulevard SW., Suite B, evidence that it operates in multi-State 530–2113 Olympia, WA 98512–5715, (360) 704– areas. There is not a requirement to use 7740/TDD (360) 704–7760 Ohio the grant funds in a multi-State area. West Virginia Under this notice, grants will be made USDA Rural Development State Office, to qualified, private, nonprofit Federal Building, Room 507, 200 North USDA Rural Development State Office, High Street, Columbus, OH 43215–2418, Federal Building, 75 High Street, Room organizations for the provision of (614) 255–2400/TDD (614) 255–2554 320, Morgantown, WV 26505–7500, (304) technical assistance and training to rural 284–4860/TDD (304) 284–4836 communities for the purpose of Oklahoma Wisconsin improving passenger transportation USDA Rural Development State Office, 100 services or facilities. USDA, Suite 108, Stillwater, OK 74074– USDA Rural Development State Office, 4949 2654, (405) 742–1000/TDD (405) 742–1007 Kirschling Court, Stevens Point, WI 54481, Fiscal Year 2007 Preapplications (715) 345–7600/TDD (715) 345–7614 Submission Oregon Wyoming Each application received in a Rural USDA Rural Development State Office, 1201 NE Lloyd Blvd., Suite 801, Portland, OR USDA Rural Development State Office, 100 Development State Office will be 97232, (503) 414–3300/TDD (503) 414– East B, Federal Building, Room 1005, P.O. reviewed to determine if this 3387 Box 11005, Casper, WY 82602–5006, (307) application is consistent with the 233–6700/TDD (307) 233–6733 eligible purposes contained in section Pennsylvania SUPPLEMENTARY INFORMATION: Grants 310B(c)(2) of the CONACT. Each USDA Rural Development State Office, One offered under this Notice are authorized selection priority criterion outlined in 7 Credit Union Place, Suite 330, Harrisburg, by section 310B(c)(2) of the CFR 1942.305(b)(3), must be addressed PA 17110–2996, (717) 237–2299/TDD (717) Consolidated Farm and Rural in the application. Failure to address 237–2261 Development Act (CONACT) (7 U.S.C. any of the criteria will result in a zero- Puerto Rico 1932(c)(2)). The RBEG program is point score for that criterion and impact USDA Rural Development State Office, IBM administered on behalf of RBS at the the overall evaluation of the application. Building, Suite 601, 654 Munos Rivera State level by the Rural Development Copies of 7 CFR part 1942, subpart G,

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will be provided to any interested DEPARTMENT OF AGRICULTURE are processed through approximately applicant making a request to a Rural 900 Field Offices. In accordance with Development State Office listed in this Rural Housing Service Government notice. All projects to receive technical Performance and Results Act (GPRA) Faith-Based and Community assistance through these passenger and EO 13280, the results of the survey transportation grant funds are to be Initiatives-Equal Treatment Rule; Notice of Request for Collection of will enable Rural Development to identified when the applications are measure the results and overall submitted to the Rural Development Public Information With the Use of a Survey effectiveness of FBCI outreach and State Office. Multiple project implementation of and compliance with applications must identify each AGENCY: Rural Housing Service, USDA. the Equal Treatment Rule and EO individual project, indicate the amount ACTION: Proposed collection; comments Orders 13279 and 13280, as well as of funding requested for each individual requested. implement compliance action plans and project, and address the criteria as measure improvements. SUMMARY: stated above for each individual project. In accordance with the Estimate of Burden: Public reporting For multiple-project applications, the Paperwork Reduction Act of 1995, this burden for this collection of information average of the individual project scores notice announces the Rural is estimated to average 5 minutes per will be the score for that application. Development’s intention to request response. All eligible applications, along with clearance for a new information tentative scoring sheets and the Rural collection to measure Rural Respondents: Program non-profit Development State Director’s Development implementation of and applicants. recommendation, will be referred to the compliance with the Equal Treatment Estimated Number of Respondents: National Office no later than March 16, Rule (7 CFR part 16) and Executive 4,000. 2007, for final scoring and selection for Order (EO) 13279 Equal Protection of Estimated Number of Responses per an award. the Laws for Faith-Based and Respondent: 1. The National Office will score Community Organizations. Estimated Number of Responses: applications based on the grant DATES: Comments on this notice must be 4,000. selection criteria and weights contained received by January 19, 2007 to be Estimated Total Annual Burden on in 7 CFR part 1942, subpart G and will assured of consideration. Respondents: 320 hours. select a grantee subject to the grantee’s FOR FURTHER INFORMATION CONTACT: Copies of this information collection satisfactory submission of a formal Rhonda Brown, Faith-Based and can be obtained from Cheryl Thompson, application and related materials in the Community Initiatives Coordinator, Regulations and Paperwork manner and timeframe established by Operations and Management, Rural Management Branch, Support Services RBS in accordance with 7 CFR part Development, 1400 Independence Division at (202) 692–0043. 1942, subpart G. Avenue, SW., Washington, DC 20250, Comments Nondiscrimination Statement phone: (202) 692–0298, e-mail: [email protected]. Comments are invited on: (a) Whether ‘‘The U.S. Department of Agriculture the proposed collection of information (USDA) prohibits discrimination in all SUPPLEMENTARY INFORMATION: Title: is necessary for the proper performance its programs and activities on the basis Rural Development-Voluntary Survey of the functions of the agency, including of race, color, national origin, age, on the Equal Treatment Rule. whether the information will have disability, and where applicable, sex, Type of Request: New Information practical utility; (b) the accuracy of marital status, familial status, parental Collection. Abstract: The Faith-Based and agency’s estimate of the burden of the status, religion, sexual orientation, Community Initiatives (FBCI) was proposed collection of information genetic information, political beliefs, implemented in the Department of including the validity of the reprisal, or because all or part of an Agriculture by Executive Order (EO) methodology and assumptions used; (c) individual’s income is derived from any 13280–Responstibilities of the ways to enhance the quality, utility and public assistance program. (Not all Department of Agriculture and the clarity of the information to be prohibited bases apply to all programs.) Agency for International Development collected; and (d) ways to minimize the Persons with disabilities who require with Respect to Faith-Based and burden of the collection of information alternative means for communication of Community Initiatives, December 12, on those who are to respond, including program information (Braille, large 2002. FBCI Reporting and Outreach through the use of appropriate print, audiotape, etc.) should contact began in Rural Development in 2004. automated, electronic, mechanical, or USDA’s TARGET Center at (202) 720– Now that the programs are in the third other technological collection 2600 (voice and TDD). To file a complaint of discrimination year of this Presidential Initiative and to techniques or other forms of information write to USDA, Director, Office of Civil meet the long term goal of improved technology. Written comments may be Rights, 1400 Independence Avenue, participant outcomes, it is time to sent to Cheryl Thompson, Regulations SW., Washington, DC. 20250–9410 or measure customer experience with and Paperwork Management Branch, call (800) 795–3272 (voice) or (202) Rural Development’s implementation of Support Services Division, U.S. 720–6382 (TDD). USDA is an equal the Equal Treatment Rule and establish Department of Agriculture, Rural opportunity provider, employer, and compliance benchmarks. The 14 Rural Development, STOP 0742, 1400 lender.’’ Development programs under the FBCI Independence Ave., SW., Washington, provide insured or guaranteed loans DC 20250–0742. Comments may also be Dated: November 14, 2006. and/or grants to eligible applicants submitted electronically through Jackie J. Gleason, (including non-profit entities) located in Regulations.gov. All responses to this Administrator, Rural Business-Cooperative rural geographic areas to assist them in notice will be summarized and included Service. providing services to beneficiaries, low- in the request for OMB approval. All [FR Doc. E6–19500 Filed 11–17–06; 8:45 am] income individuals, and communities. comments will also become a matter of BILLING CODE 3410–XY–P Loan and grant applications and awards public record.

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Dated: November 9, 2006. DEPARTMENT OF COMMERCE Ta Chen. The Department is conducting Russell T. Davis, this administrative review in Administrator, Rural Housing Service. International Trade Administration accordance with section 751 of the [FR Doc. E6–19501 Filed 11–17–06; 8:45 am] (A–583–816) Tariff Act of 1930, as amended (‘‘the BILLING CODE 3410–XT–P Act’’). Notice of Final Results and Final Scope of the Order Rescission in Part of Antidumping Duty Administrative Review: Certain The products subject to this order are DEPARTMENT OF COMMERCE Stainless Steel Butt–Weld Pipe Fittings certain stainless steel butt–weld pipe From Taiwan fittings, whether finished or unfinished, Foreign–Trade Zones Board under 14 inches inside diameter. AGENCY: Import Administration, Certain welded stainless steel butt–weld International Trade Administration, pipe fittings (‘‘pipe fittings’’) are used to Order No. 1487 Department of Commerce. connect pipe sections in piping systems Expansion of Foreign–Trade Zone 163, SUMMARY: On July 13, 2006, the where conditions require welded Ponce, Puerto Rico, Area Department of Commerce (‘‘the connections. The subject merchandise is Department’’) published in the Federal used where one or more of the following Pursuant to its authority under the Register the preliminary results of the conditions is a factor in designing the Foreign–Trade Zones Act of June 18, 1934, as administrative review of the order on piping system: (1) Corrosion of the amended (19 U.S.C. 81a–81u), the Foreign– certain stainless steel butt–weld pipe piping system will occur if material Trade Zones Board (the Board) adopts the fittings from Taiwan. See Certain other than stainless steel is used; (2) following Order: Stainless Steel Butt–Weld Pipe Fittings contamination of the material in the Whereas, Codezol, C.D., grantee of From Taiwan: Preliminary Results of system by the system itself must be FTZ 163, submitted an application to Antidumping Duty Administrative prevented; (3) high temperatures are the Board for authority to expand FTZ Review and Notice of Intent To Rescind present; (4) extreme low temperatures 163 to include a site (Site 8 - 6 acres, in Part, 71 FR 39663 (July 13, 2006) are present; and (5) high pressures are Lugo warehouse) in Hormigueros, (‘‘Preliminary Results’’). The contained within the system. Pipe Puerto Rico, adjacent to the Ponce merchandise covered by this order is fittings come in a variety of shapes, with Customs port of entry (FTZ Docket 10– certain stainless steel butt–weld pipe the following five shapes the most basic: 2006; filed 4/3/06); fittings from Taiwan as described in the ‘‘elbows,’’ ‘‘tees,’’ ‘‘reducers,’’ ‘‘stub Whereas, notice inviting public ‘‘Scope of the Order’’ section of this ends,’’ and ‘‘caps.’’ The edges of comment was given in the Federal notice. The period of review (‘‘POR’’) is finished pipe fittings are beveled. Register (71 FR 18276, 4/11/06), and the June 1, 2004, through May 31, 2005. We Threaded, grooved, and bolted fittings application has been processed gave interested parties an opportunity to are excluded from this review. The pipe pursuant to the FTZ Act and the Board’s comment on the preliminary results. fittings subject to this review are regulations; and, Based upon our analysis of the classifiable under subheading 7307.23.00 of the Harmonized Tariff Whereas, the Board adopts the comments received, we made one Schedule of the United States findings and recommendations of the change to the margin calculation. The final weight–averaged dumping margin (‘‘HTSUS’’). Although the HTSUS examiner’s report, and finds that the subheading is provided for convenience requirements of the FTZ Act and is listed below in the section titled ‘‘Final Results of Review.’’ and customs purposes, our written Board’s regulations are satisfied, and description of the scope of this review EFFECTIVE DATE: November 20, 2006. that the proposal is in the public is dispositive. Pipe fittings interest; FOR FURTHER INFORMATION CONTACT: manufactured to American Society of Now, therefore, the Board hereby Helen Kramer or Judy Lao, Office 7, AD/ Testing and Materials specification orders: CVD Operations, Import A774 are included in the scope of this The application to expand FTZ 163 is Administration, International Trade order. Administration, U.S. Department of approved, subject to the FTZ Act and Partial Rescission of Review the Board’s regulations, including Commerce, 14th Street and Constitution Section 400.28, and subject to a sunset Avenue, NW, Washington, DC 20230; In the Preliminary Results, the provision that would terminate further telephone: (202) 482–0405 or (202) 482– Department issued a notice of intent to authority for the proposed site on 7924, respectively. rescind the review with respect to Liang November 1, 2011, unless the site is SUPPLEMENTARY INFORMATION: Feng Stainless Steel Fitting Co., Ltd. (‘‘Liang Feng’’), Tru–Flow Industrial activated during that time period Background pursuant to 19 CFR Part 146 of the U.S. Co., Ltd. (‘‘Tru–Flow’’), Censor Customs and Border Protection The Department’s preliminary results International Corporation (‘‘Censor’’) regulations. of review were published on July 13, and PFP Taiwan Co., Ltd. (‘‘PFP’’), Signed at Washington, DC, this 9th day of 2006. See Preliminary Results. We because we found that they had no November 2006. invited parties to comment on the entries of subject merchandise during Preliminary Results. We received the POR. See Preliminary Results at David M. Spooner, written comments on August 14, 2006, 39663. As the Department received no Assistant Secretary of Commercefor Import from Flowline Division of Markovitz comments on this notice of intent to Administration, Alternate Chairman, Enterprise, Inc., Shaw Allow Piping rescind we continue to find that Foreign–Trade Zones Board. Products, Inc., Gerlin, Inc., and Taylor rescission of the review concerning Attest: Forge Stainless, Inc., (collectively, Liang Feng, Tru–Flow, Censor, and PFP Pierre V. Duy, ‘‘petitioners’’), and from Ta Chen is appropriate. Therefore, the Acting Executive Secretary Stainless Steel Pipe, Ltd. (‘‘Ta Chen’’). Department is rescinding the review [FR Doc. E6–19599 Filed 11–17–06; 8:45 am] On August 21, 2006, we received with respect to Liang Feng, Tru–Flow, Billing Code: 3510–DS–S rebuttal comments from petitioners and Censor, and PFP.

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Analysis of Comments Received importer. Where the assessment rate is publication of the final results of the All issues raised in the case briefs, as above de minimis, we will instruct CBP next administrative review. to assess duties on all entries of subject well as the Department’s findings, in Notification of Interested Parties this administrative review are addressed merchandise produced by Ta Chen. This notice also serves as a final in the Issues and Decision Antidumping duties for the rescinded reminder to importers of their Memorandum for the Administrative companies, Liang Feng, Tru–Flow, Censor, and PFP, shall be assessed at responsibility under 19 CFR 351.402 (f) Review of Certain Stainless Steel Butt– to file a certificate regarding the Weld Pipe Fittings from Taiwan; Final rates equal to the cash deposit of estimated antidumping duties required reimbursement of antidumping duties Results of Antidumping Duty prior to liquidation of the relevant Administrative Review (‘‘Decision at the time of entry, or withdrawal from warehouse, for consumption, in entries during this review period. Memorandum’’), dated November 13, Failure to comply with this requirement 2006, which is hereby adopted by this accordance with 19 CFR 351.212(c)(1)(I). The Department will could result in the Secretary’s notice. A list of the issues raised and to presumption that reimbursement of which we have responded, all of which issue appropriate assessment instructions directly to CBP within 15 antidumping duties occurred, and in the are in the Decision Memorandum, is subsequent assessment of double appended to this notice. The Decision days of publication of these final results of review. antidumping duties. Memorandum is on file in the Central This notice also is the only reminder Records Unit in room B–099 of the main The Department clarified its to parties subject to administrative Commerce building, and can also be ‘‘automatic assessment’’ regulation on protective order (‘‘APO’’) of their accessed directly on the Web at http:// May 6, 2003 (68 FR 23954). This responsibility concerning the return or ia.ita.doc.gov. The paper copy and clarification applies to POR entries of destruction of proprietary information electronic version of the public version subject merchandise produced by disclosed under APO in accordance of the Decision Memorandum are companies examined in this review (i.e., with 19 CFR 351.305. Timely written identical in content. companies for which a dumping margin notification of the return/destruction of was calculated) where the companies Changes Since the Preliminary Results APO materials or conversion to judicial did not know that their merchandise protective order is hereby requested. Based on our analysis of the was destined for the United States. In Failure to comply with the regulations comments received, we have made a such instances, we will instruct CBP to and the terms of an APO is a minor correction to include deductions liquidate unreviewed entries at the all– sanctionable violation. reported in the field BILLADJU (U.S. others rate if there is no rate for the We are issuing and publishing these billing adjustments) in the discount and intermediate company(ies) involved in results and notice in accordance with rebates adjustment to U.S. price. This the transaction. For a full discussion of sections 751(a)(1) and 777(i)(1) of the did not change the margin. See the this clarification, see Antidumping and Act. Decision Memorandum at Comment 5 Countervailing Duty Proceedings: and Sales Analysis Memorandum for Assessment of Antidumping Duties, 68 Dated: November 13, 2006. the Final Results of Administrative FR 23954 (May 6, 2003). David M. Spooner, Review of Certain Stainless Steel Pipe Assistant Secretaryfor Import Administration. Cash Deposit Requirements Butt–weld Pipe Fittings from Taiwan: Appendix – Issues in Decision Ta Chen Stainless Steel Pipe Co., Ltd. The following cash deposit Memorandum and Ta Chen International (CA) Corp., requirements will be effective upon (November 13, 2006). publication of the final results of this Issues Final Results of Review administrative review for all shipments 1. Reliability of Ta Chen’s Financial of stainless steel butt–weld pipe fittings Statements As a result of our review, we from Taiwan entered, or withdrawn determine that the following weighted– from warehouse, for consumption on or 2. CEP Offset average margin exists for the period after the publication date of these final 3. CEP Profit Calculation June 1, 2004, through May 31, 2005: results, as provided by section 751(a) of 4. Calculation of Margin on Weight the Act: (1) for the companies covered Basis Weighted- by this review, the cash deposit rate will Average 5. Alleged Calculation Errors Company Margin be the rate listed above; (2) for (percent) merchandise exported by producers or [FR Doc. E6–19611 Filed 11–17–06; 8:45 am] exporters not covered in this review but BILLING CODE 3510–DS–S Ta Chen Stainless Pipe Co., covered in the less–than-fair–value Ltd ...... 0.79 investigation, the cash deposit rate will DEPARTMENT OF COMMERCE continue to be the company–specific Assessment Rates rate from the most recent review; (3) if International Trade Administration The Department will determine, and the exporter is not a firm covered in this U.S. Customs and Border Protection review, a prior review, or less–than-fair– [A–570–890] (‘‘CBP’’) shall assess, antidumping value the investigation, but the producer Notice of Amended Final duties on all appropriate entries, is, the cash deposit rate will be that Determination of Sales at Less Than pursuant to section 751(a)(1)(B) of the established for the most recent period Fair Value and Antidumping Duty Act and 19 CFR 351.212(b). The for the producer of the merchandise; Order/Pursuant to Court Decision: Department calculated importer– and (4) the cash deposit rate for all other Wooden Bedroom Furniture From the specific duty assessment rates on the producers or exporters will be 51.01 People’s Republic of China basis of the ratio of the total amount of percent, the ‘‘All Others’’ rate antidumping duties calculated for the established in the less–than-fair–value AGENCY: Import Administration, examined sales to the total entered investigation. These deposit International Trade Administration, value of the examined sales for that requirements shall remain in effect until U.S. Department of Commerce.

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SUMMARY: On October 31, 2006, the FOR FURTHER INFORMATION CONTACT: The Court Order further orders the United States Court of International Eugene Degnan, AD/CVD Operations, Department of Commerce (‘‘the Trade (‘‘Court’’) entered a stipulated Office 8, Import Administration, Department’’) to (i) exclude wooden judgment in the consolidated case of International Trade Administration, bedroom furniture from the Amended Dorbest Limited, et. al. v. United States, U.S. Department of Commerce, 14th Final Determination and Order when it Consol. Ct. No. 05–cv–00003 (‘‘Court Street and Constitution Avenue, NW., is both produced and exported by Order’’). This litigation arises out of the Washington DC 20230; telephone (202) Lacquer Craft,1 and (ii) amend the Department’s Final Determination of 482–0414. weighted-average dumping margin Sales at Less Than Fair Value: Wooden SUPPLEMENTARY INFORMATION: applied to respondents with separate- Bedroom Furniture From the People’s On November 17, 2004, the rate status 2 to exclude Lacquer Craft Republic of China, 69 FR 67313 Department published its notice of final from the calculation for subject determination in the investigation of (November 17, 2004) (‘‘Final merchandise entered, or withdrawn wooden bedroom furniture from the Determination’’), as amended, 70 FR 329 PRC. See Final Determination. On from warehouse, for consumption on or (January 4, 2005) (‘‘Amended Final January 4, 2005, the Department after the effective date of the Amended Determination and Order’’). The court published its notice of amended final Final Determination resulting from the case filed by Lacquer Craft determination and antidumping duty Court’s stipulated judgment. Manufacturing Company Ltd. (‘‘Lacquer order in the investigation on wooden Amended Final Determination Craft’’) (Lacquer Craft Manufacturing bedroom furniture from the PRC. See Company Ltd. v. United States, Court Amended Final Determination and Because all claims filed by Lacquer No. 05–00083), was consolidated into Order. Craft against the Department have been the case filed by Dorbest Limited, et. al. On March 4, 2005, Lacquer Craft filed dismissed, and because the litigation in (Court No. 05–00003). Pursuant to the its complaint with the Court with Lacquer Craft’s de-consolidated court Court’s Order, Lacquer Craft’s court case respect to the Department’s Amended case is concluded, we are now (Court No. 05–00083) has been severed Final Determination and Order in amending the Amended Final from the consolidated litigation (Court Lacquer Craft Manufacturing Company, Determination and Order to reflect the Ltd. v. United States, Ct. No. 05–00083. No. 05–00003), and Lacquer Craft’s results of the Court’s Order. Lacquer Lacquer Craft’s court case was claims against the government Craft is excluded from the Order. The subsequently consolidated with court dismissed. Because the litigation in amended weighted-average rate applied Lacquer Craft’s case is now concluded, number 05–00003 on June 29, 2005. Pursuant to the Court’s Order, Lacquer to respondents with separate-rate status the Department is issuing an amended is 7.24 percent. The rate applied to the final determination in accordance with Craft’s court case (Court No. 05–00083) was severed from the consolidated PRC-wide entity remains unchanged. the Stipulated Judgement in this action. litigation (Court No. 05–00003), and With the above revisions, the DATES: Effective Date: November 20, Lacquer Craft’s court case against the dumping margins for this Order are as 2006. government was dismissed. follows:

Weighted- average Company margin (percent)

Dongguan Lung Dong Furniture Co., Ltd., or Dongguan Dong He Furniture Co., Ltd...... 2.32 Rui Feng Woodwork Co., Ltd., or Rui Feng Lumber Development Co., Ltd. or Dorbest Limited ...... 7.87 Lacquer Craft Mfg. Co., Ltd...... Excluded Markor International Furniture (Tianjin) Manufacturing Company, Ltd...... 0.83 Shing Mark Enterprise Co., Ltd., or Carven Industries Limited (BVI), or Carven I Industries Limited (HK), or Dongguan Zhenxin Furniture Co., Ltd., or Dongguan Yongpeng Furniture Co., Ltd...... 4.96 Starcorp Furniture (Shanghai) Co., Ltd., or Orin Furniture (Shanghai) Co., Ltd., or Shanghai Starcorp Furniture Co., Ltd...... 15.78 Alexandre International Corp., or Southern Art Development Ltd., or Alexandre Furniture (Shenzhen) Co., Ltd., or Southern Art Furniture Factory ...... 7.24 Art Heritage International, Ltd., or Super Art Furniture Co., Ltd., or Artwork Metal & Plastic Co., Ltd., or Jibson Industries Ltd., or Always Loyal International ...... 7.24 Billy Wood Industrial (Dong Guan) Co., Ltd., or Great Union Industrial (Dongguan) Co., Ltd., or Time Faith Ltd...... 7.24 Changshu HTC Import & Export Co., Ltd...... 7.24 Cheng Meng Furniture (PTE) Ltd., or China Cheng Meng Decoration & Furniture (Suzhou) Co., Ltd...... 7.24 Chuan Fa Furniture Factory ...... 7.24 Classic Furniture Global Co., Ltd...... 7.24 Clearwise Co., Ltd...... 7.24 COE Ltd...... 7.24 Dalian Guangming Furniture Co., Ltd...... 7.24 Dalian Huafeng Furniture Co., Ltd ...... 7.24 Decca Furniture Limited ...... 7.24 Dongguan Cambridge Furniture Co., or Glory Oceanic Co., Ltd...... 7.24 Dongguan Chunsan Wood Products Co., Ltd., or Trendex Industries Ltd...... 7.24 Dongguan Creation Furniture Co., Ltd., or Creation Industries Co., Ltd...... 7.24

1 For purposes of this order, wooden bedroom Manufacturing Company Ltd. (Dong Guan) and Department in the underlying investigation of furniture produced and exported by Lacquer Craft Zhejiang (Lacquer Craft Manufacturing Company wooden bedroom furniture. Commerce’s dumping includes furniture produced and exported by any of Ltd. (Zhejiang)). margin applied to such respondents is calculated as Lacquer Craft Manufacturing Company Ltd.’s 2 For purposes of this order, ‘‘respondents with the weighted-average of the rates of the mandatory factories in the People’s Republic of China, which separate-rate status’’ shall mean the non-mandatory respondents. currently are in Dong Guan (Lacquer Craft respondents granted a separate rate by the

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Weighted- average Company margin (percent)

Dongguan Grand Style Furniture, or Hong Kong Da Zhi Furniture Co., Ltd...... 7.24 Dongguan Great Reputation Furniture Co., Ltd...... 7.24 Dongguan Hero Way Woodwork Co., Ltd., or Dongguan Da Zhong Woodwork Co., Ltd., or Hero Way Enterprises Ltd., or Well Earth International Ltd...... 7.24 Dongguan Hung Sheng Artware Products Co., Ltd., or Coronal Enterprise Co., Ltd...... 7.24 Dongguan Kin Feng Furniture Co., Ltd...... 7.24 Dongguan Kingstone Furniture Co., Ltd., or Kingstone Furniture Co., Ltd...... 7.24 Dongguan Liaobushangdun Huada Furniture Factory, or Great Rich (HK) Enterprise Co. Ltd...... 7.24 Dongguan Qingxi Xinyi Craft Furniture Factory (Joyce Art Factory) ...... 7.24 Dongguan Singways Furniture Co., Ltd...... 7.24 Dongguan Sunrise Furniture Co., or Taicang Sunrise Wood Industry Co., Ltd., or Shanghai Sunrise Furniture Co., Ltd., or Fair- mont Designs ...... 7.24 Dongying Huanghekou Furniture Industry Co., Ltd...... 7.24 Dream Rooms Furniture (Shanghai) Co., Ltd...... 7.24 Eurosa (Kunshan) Co., Ltd., or Eurosa Furniture Co., (PTE) Ltd...... 7.24 Ever Spring Furniture Co. Ltd., or S.Y.C. Family Enterprise Co., Ltd...... 7.24 Fine Furniture (Shanghai) Ltd...... 7.24 Foshan Guanqiu Furniture Co., Ltd...... 7.24 Fujian Lianfu Forestry Co., Ltd., or Fujian Wonder Pacific Inc...... 7.24 Gaomi Yatai Wooden Ware Co., Ltd., or Team Prospect International Ltd., or Money Gain International Co...... 7.24 Garri Furniture (Dong Guan) Co., Ltd., or Molabile International, Inc., or Weei Geo Enterprise Co., Ltd...... 7.24 Green River Wood (Dongguan) Ltd...... 7.24 Guangming Group Wumahe Furniture Co., Ltd...... 7.24 Guangzhou Maria Yee Furnishings Ltd., Pyla HK, Ltd., and Maria Yee, Inc...... 7.24 Hainan Jong Bao Lumber Co., Ltd., or Jibbon Enterprise Co., Ltd...... 7.24 Hamilton & Spill Ltd...... 7.24 Hang Hai Woodcraft’s Art Factory ...... 7.24 Hualing Furniture (China) Co., Ltd., or Tony House Manufacture (China) Co., Ltd., or Buysell Investments Ltd., or Tony House In- dustries Co., Ltd...... 7.24 Jardine Enterprise, Ltd...... 7.24 Jiangmen Kinwai Furniture Decoration Co., Ltd...... 7.24 Jiangmen Kinwai International Furniture Co., Ltd...... 7.24 Jiangsu Weifu Group Fullhouse Furniture Manufacturing. Corp...... 7.24 Jiangsu Yuexing Furniture Group Co., Ltd...... 7.24 Jiedong Lehouse Furniture Co., Ltd...... 7.24 King’s Way Furniture Industries Co., Ltd., or Kingsyear Ltd...... 7.24 Kuan Lin Furniture (Dong Guan) Co., Ltd., or Kuan Lin Furniture Factory, or Kuan Lin Furniture Co., Ltd...... 7.24 Kunshan Lee Wood Product Co., Ltd...... 7.24 Kunshan Summit Furniture Co., Ltd...... 7.24 Langfang Tiancheng Furniture Co., Ltd...... 7.24 Leefu Wood (Dongguan) Co., Ltd., or King Rich International, Ltd...... 7.24 Link Silver Ltd. (V.I.B.), or Forward Win Enterprises Co. Ltd., or Dongguan Haoshun Furniture Ltd...... 7.24 Locke Furniture Factory, or Kai Chan Furniture Co., Ltd., or Kai Chan (Hong Kong) Enterprise Ltd., or Taiwan Kai Chan Co., Ltd. 7.24 Longrange Furniture Co., Ltd...... 7.24 Nanhai Baiyi Woodwork Co., Ltd...... 7.24 Nanhai Jiantai Woodwork Co., Ltd., or Fortune Glory Industrial Ltd. (H.K. Ltd) ...... 7.24 Nantong Dongfang Orient Furniture Co., Ltd...... 7.24 Nantong Yushi Furniture Co., Ltd...... 7.24 Nathan International Ltd., or Nathan Rattan Factory ...... 7.24 Orient International Holding Shanghai Foreign Trade Co., Ltd...... 7.24 Passwell Corporation, or Pleasant Wave Ltd...... 7.24 Perfect Line Furniture Co., Ltd...... 7.24 Prime Wood International Co., Ltd., or Prime Best International Co., Ltd., or Prime Best Factory, or Liang Huang (Jiaxing) Enter- prise Co., Ltd...... 7.24 PuTian JingGong Furniture Co., Ltd...... 7.24 Qingdao Liangmu Co., Ltd...... 7.24 Restonic (Dongguan) Furniture Ltd., or Restonic Far East (Samoa) Ltd...... 7.24 RiZhao SanMu Woodworking Co., Ltd...... 7.24 Season Furniture Manufacturing Co., or Season Industrial Development Co...... 7.24 Sen Yeong International Co., Ltd., or Sheh Hau International Trading Ltd...... 7.24 Shanghai Jian Pu Export & Import Co., Ltd...... 7.24 Shanghai Maoji Imp and Exp Co., Ltd...... 7.24 Sheng Jing Wood Products (Beijing) Co., Ltd., or Telstar Enterprises Ltd...... 7.24 Shenyang Shining Dongxing Furniture Co., Ltd...... 7.24 Shenzhen Forest Furniture Co., Ltd...... 7.24 Shenzhen Jiafa High Grade Furniture Co., Ltd., or Golden Lion International Trading Ltd...... 7.24 Shenzhen New Fudu Furniture Co., Ltd...... 7.24 Shenzhen Wonderful Furniture Co., Ltd...... 7.24 Shenzhen Xiande Furniture Factory ...... 7.24 Shenzhen Xingli Furniture Co., Ltd...... 7.24 Shun Feng Furniture Co., Ltd...... 7.24

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Weighted- average Company margin (percent)

Songgang Jasonwood Furniture Factory, or Jasonwood Industrial Co., Ltd. S.A...... 7.24 Starwood Furniture Manufacturing Co. Ltd...... 7.24 Starwood Industries Ltd...... 7.24 Strongson Furniture (Shenzhen) Co., Ltd., or Strongson Furniture Co., Ltd., or Strongson (HK) Co...... 7.24 Sunforce Furniture (Hui-Yang) Co., Ltd., or Sun Fung Wooden Factory, or Sun Fung Co., or Shin Feng Furniture Co., Ltd., or Stu- pendous International Co., Ltd...... 7.24 Superwood Co., Ltd., or Lianjiang Zongyu Art Products Co., Ltd...... 7.24 Tarzan Furniture Industries Ltd., or Samso Industries Ltd...... 7.24 Teamway Furniture (Dong Guan) Ltd., or Brittomart Inc...... 7.24 Techniwood Industries Ltd., or Ningbo Furniture Industries Limited, or Ningbo Hengrun Furniture Co., Ltd...... 7.24 Tianjin Fortune Furniture Co., Ltd...... 7.24 Tianjin Master Home Furniture ...... 7.24 Tianjin Phu Shing Woodwork Enterprise Co., Ltd...... 7.24 Tianjin Sande Fairwood Furniture Co., Ltd...... 7.24 Tube-Smith Enterprise (ZhangZhou) Co., Ltd., or Tube-Smith Enterprise (Haimen) Co., Ltd., or Billonworth Enterprises Ltd...... 7.24 Union Friend International Trade Co., Ltd...... 7.24 U-Rich Furniture (Zhangzhou) Co., Ltd., or U-Rich Furniture Ltd...... 7.24 Wanhengtong Nueevder (Furniture) Manufacture Co., Ltd., or Dongguan Wanengtong Industry Co., Ltd...... 7.24 Woodworth Wooden Industries (Dong Guan) Co., Ltd...... 7.24 Xiamen Yongquan Sci-Tech Development Co., Ltd...... 7.24 Jiangsu XiangSheng Bedtime Furniture Co., Ltd...... 7.24 Xingli Arts & Crafts Factory of Yangchun ...... 7.24 Yangchun Hengli Co. Ltd...... 7.24 Yeh Brothers World Trade, Inc...... 7.24 Yichun Guangming Furniture Co., Ltd...... 7.24 Yida Co., Ltd., or Yitai Worldwide, Ltd., or Yili Co., Ltd., or Yetbuild Co., Ltd...... 7.24 Yihua Timber Industry Co., Ltd...... 7.24 Zhang Zhou Sanlong Wood Product Co., Ltd...... 7.24 Zhangjiagang Zheng Yan Decoration Co., Ltd...... 7.24 Zhangjiagang Daye Hotel Furniture Co., Ltd...... 7.24 Zhangzhou Guohui Industrial & Trade Co. Ltd...... 7.24 Zhanjiang Sunwin Arts & Crafts Co., Ltd...... 7.24 Zhong Shan Fullwin Furniture Co., Ltd...... 7.24 Zhongshan Fookyik Furniture Co., Ltd...... 7.24 Zhongshan Golden King Furniture Industrial Co., Ltd...... 7.24 Zhoushan For-Strong Wood Co., Ltd...... 7.24 PRC-Wide Rate* ...... 198.08 * In the Final Determination, the Department inadvertently listed Tech Lane Wood Mfg. and Kee Jia Wood Mfg. separately in the weighted-av- erage dumping margin chart, which may have led parties to conclude that these companies were entitled to a separate rate. This, in fact, is not the case. Subject merchandise produced/exported by Tech Lane Wood Mfg. and Kee Jia Wood Mfg. is subject to the PRC-wide rate.

Within five business days of DEPARTMENT OF COMMERCE determination, the Department is publication of this notice, the issuing a correction. Department will issue instructions to International Trade Administration EFFECTIVE DATE: November 20, 2006. U.S. Customs and Border Protection FOR FURTHER INFORMATION CONTACT: Eric (‘‘CBP’’) to revise the cash deposit rates (C–475–827) B. Greynolds, AD/CVD Operations, for the companies listed above that have Correction to Notice of Amended Final Office 3, Import Administration, a separate rate, effective as of the International Trade Administration, publication of this notice. Further, we Determination Pursuant to Final Court Decision and Partial Revocation of U.S. Department of Commerce, 14th will instruct CBP to liquidate all entries Street and Constitution Ave., NW, of subject merchandise produced and Order on Certain Cut–To-Length Plate from Italy Washington, DC 20230; telephone: (202) exported by Lacquer Craft, without 482–6071. regard to antidumping duties, because AGENCY: Import Administration, SUPPLEMENTARY INFORMATION: Lacquer Craft is excluded from the International Trade Administration, antidumping duty order. Department of Commerce. Correction This notice is published in SUMMARY: On August 29, 2005, the In the Amended Final Determination, accordance with sections 735(d) and Department of Commerce published in we incorrectly stated that we would 777(i) of the Tariff Act of 1930, as the Federal Register its Notice of instruct U.S. Customs and Border amended. Amended Final Determination Pursuant Protection (CBP) to: to Final Court Decision and Partial . . . collect cash deposits of estimated Dated: November 14, 2006. Revocation of Order on Certain Cut–To- countervailing duties in the Stephen J. Claeys, Length Plate from Italy, 70 FR 51013 percentage of 2.45 percent ad Acting Assistant Secretary for Import (Amended Final Determination). Due to valorem of the f.o.b. invoice price Administration. an error in the Amended Final on all shipments of subject [FR Doc. E6–19585 Filed 11–17–06; 8:45 am] Determination pertaining to the effective merchandise from ILVA/ILT BILLING CODE 3510–DS–P date of the amended final entered or withdrawn from

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warehouse, for consumption, on or available from the Alaska Region, NMFS To address Chinook salmon bycatch after April 16, 2004. website at http://www.fakr.noaa.gov. concerns, the Council adopted several See 70 FR at 51014. FOR FURTHER INFORMATION CONTACT: management measures designed to We correct and amend our Amended Jason Anderson, 907–586–7228 or reduce overall Chinook salmon bycatch Final Determination with the following [email protected]. in the BSAI trawl fisheries. In 1995, the language: Council adopted and NMFS approved SUPPLEMENTARY INFORMATION: NMFS Amendment 21b to the FMP. Based on We will instruct CBP to collect cash manages the domestic groundfish historic information on salmon bycatch, deposits of estimated countervailing fisheries in the Bering Sea and Aleutian Amendment 21b established a Chinook duties in the percentage of 2.45 Islands (BSAI) under the FMP. The salmon savings area (60 FR 31215, percent ad valorem of the f.o.b. North Pacific Fishery Management November 29, 1995). Under Amendment invoice price on all shipments of Council (Council) prepared the FMP subject merchandise from ILVA/ILT 21b, the Chinook salmon savings area under the Magnuson-Stevens Act. closed to trawl gear when the incidental entered or withdrawn from Regulations governing the groundfish warehouse, for consumption, on or catch of Chinook salmon in BSAI trawl fisheries of the BSAI appear at 50 CFR fisheries reached 48,000 fish. after the publication date of this parts 600 and 679. The FMP and the notice in the Federal Register. Amendment 58 to the FMP revised the implementing regulations at §§ 679.6 Chinook salmon savings area measures This notice is published pursuant to and 600.745(b) authorize issuance of sections 705(d) and 777(i) of the Act. (65 FR 60587, October 12, 2000). EFPs to allow fishing that would be Amendment 58 reduced the Chinook Dated: November 9, 2006. otherwise prohibited. Procedures for salmon bycatch limit from 48,000 fish to David M. Spooner, issuing EFPs are contained in the 29,000 fish, mandated year-round Assistant Secretary for Import implementing regulations. accounting of Chinook bycatch in the Administration. NMFS received an EFP application directed pollock fishery, revised the [FR Doc. E6–19597 Filed 11–17–06; 8:45 am] from the AFA Catcher Vessel boundaries of the Chinook salmon BILLING CODE 3510–DS–S Intercooperative and the Pollock savings area closure, and implemented Conservation Cooperative (hereafter new closure dates. The timing of the referred to as ‘‘applicants’’) on October closure depends on when the limit is DEPARTMENT OF COMMERCE 19, 2006. The primary objective of the reached as follows: proposed EFP is to test the feasibility of (1) Before April 15, the area closes National Oceanic and Atmospheric an ICA designed to avoid salmon immediately through April 15. After Administration bycatch in the Bering Sea pollock April 15, the area re-opens, but closes [I.D. 111406F] fishery. The applicants developed the again from September 1 through feasibility study in cooperation with December 31. Fisheries of the Exclusive Economic NMFS scientists at the Alaska Fisheries (2) Between April 15 and September Zone Off Alaska; Application for an Science Center (AFSC). The project will 1, the area would close from September Exempted Fishing Permit provide information needed by the 1 through the end of the year. Council and NMFS to inform decision (3) After September 1, the area closes AGENCY: National Marine Fisheries making on subsequent salmon bycatch immediately through the end of the Service (NMFS), National Oceanic and reduction management actions. year. Atmospheric Administration (NOAA), Specifically, the project will assess the The Chinook salmon savings area was Commerce. feasibility of using an ICA to share further modified under Amendment 82 ACTION: Notice; receipt of an application salmon bycatch information among to the FMP (70 FR 9856, March 1, 2005). for an exempted fishing permit. pollock fishery participants, determine Amendment 82 established a separate areas of high salmon bycatch, and Aleutian Islands subarea bycatch limit SUMMARY: This notice announces receipt monitor vessels= ability to meet the that when reached, would close the of an application for an exempted operational guidelines of the ICA to existing Chinook salmon savings area fishing permit (EFP) from the American avoid these areas in a manner that is not located in that subarea (Area 1). The Fisheries Act (AFA) Catcher Vessel allowed under current regulations. Chinook salmon savings area in the Intercooperative, and the Pollock Bering Sea subarea remained Background Conservation Cooperative. If granted, unchanged, but was designated as Area the EFP would allow the applicants to Pacific salmon are caught incidentally 2 of the Chinook salmon savings area use a salmon bycatch reduction intra- in the BSAI trawl fisheries. Of the five (Figure 8 to 50 CFR part 679). cooperative agreement (ICA) in the 2007 species of Pacific salmon, Chinook The Council also adopted a time-area Bering Sea pollock fishery, and be salmon (Onchorynchus tshawytscha) closure designed to reduce overall chum exempt from closures of the salmon and chum salmon (O. keta) are most salmon bycatch in the BSAI trawl savings areas. This project is intended to often incidentally caught in the pollock fisheries. In 1995, Amendment 35 to the promote the objectives of the Fishery fishery. Pacific salmon are placed into FMP established the chum salmon Management Plan for Groundfish of the two categories for purposes of salmon savings area (60 FR 34904, July 5, 1995). Bering Sea and Aleutian Islands bycatch management: Chinook and non- This area is closed to all trawling from Management Area (FMP) and National Chinook. The non-Chinook category is August 1 through August 31 of each Standard 9 of the Magnuson-Stevens comprised of chum, sockeye (O. nerka), year. Additionally, if 42,000 non- Fishery Conservation and Management pink (O. gorbuscha), and coho (O. Chinook salmon are caught in the Act (Magnuson-Stevens Act). kisutch) salmon. However, from 2001 Catcher Vessel Operational Area during ADDRESSES: Copies of the EFP through 2006, chum salmon represented the period August 15 through October application and the environmental about 99 percent of non-Chinook 14, the area remains closed for the assessment (EA) are available by writing salmon harvested incidentally in the remainder of the calendar year. to the Alaska Region, NMFS, P.O. Box pollock trawl fisheries. For purposes of Western Alaska Community 21668, Juneau, AK 99802, Attn: Ellen this notice, all non-Chinook salmon are Development Quota (CDQ) groups Walsh. The application and EA are also referred to as chum salmon. receive, along with allocations of

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groundfish CDQ, individual allocations closure was expected to exacerbate the time period August 2, 2006, through of Chinook and non-Chinook annual high salmon bycatch the pollock fleet November 1, 2006. bycatch amounts. Vessels directed has experienced in recent years, the The 2006 EFP exempted CDQ and fishing for CDQ pollock are not subject Council stressed the importance of non-CDQ pollock vessels operating to the chum and Chinook salmon implementing Amendment 84 by under a salmon bycatch reduction ICA savings area closures that apply to the August 1, 2006. The Council also asked from closures of the salmon savings non-CDQ pollock fisheries. Rather, for an annual report from participants in areas. The EFP allowed the participants vessels participating in directed CDQ the salmon bycatch reduction ICA on to conduct operations under the salmon pollock fisheries on behalf of individual how effective the agreement appears to bycatch reduction EFP during the ‘‘B’’ CDQ groups are subject to group- be at reducing salmon bycatch, although season. Under the conditions of the specific closures only after they exceed regulations would not require reporting 2006 EFP, the applicants are scheduled a given CDQ group’s chum or Chinook to the Council. The intent of the Council to present initial and final results at the salmon bycatch limit. Thus, individual is to assess the effectiveness of the ICA December 2006 and February 2007 CDQ groups are subject to salmon in coordinating voluntary salmon Council meetings, respectively. savings area closures based on their bycatch reduction efforts by participants Preliminary indications are that salmon respective catch of chum or Chinook in the Bering Sea pollock fisheries. bycatch was reduced under the EFP, salmon while directed fishing for CDQ During the development of a draft although it is not known whether these pollock. proposed rule to implement reductions are due to decreases or The Chinook and chum salmon Amendment 84, NOAA General movements in overall salmon biomass. savings areas were adopted based on Council, Alaska Region (GCAK) On October 16, 2006, NMFS received historic observed salmon bycatch rates determined that specific ICA provisions an EFP application that would continue and were designed to avoid high spatial must be incorporated into regulations to evaluate the goals described in the and temporal levels of salmon bycatch. for compliance with the Administrative 2006 EFP. However, because chum From 1990 through 2001, BSAI salmon Procedure Act (APA) and National salmon is the predominant bycatch bycatch averaged 37,819 Chinook and Standard 9. These provisions include problem during the ‘‘B’’ season, and 69,332 chum annually. Recently, requirements for: Chinook salmon bycatch is the however, salmon bycatch numbers have (1) The initial salmon bycatch base predominant bycatch problem during increased substantially. In 2003, 54,911 rate that vessels’ salmon bycatch rates the ‘‘A’’ season, the applicants expect to be able to evaluate these goals relative Chinook salmon and 197,091 chum will be compared against; to Chinook salmon bycatch in the early salmon were taken incidentally in the (2) Inseason adjustments to the initial part of 2007. The EFP is also expected trawl fisheries. In 2004, salmon bycatch salmon bycatch base rate; further increased to 62,493 Chinook and to provide a basis for potential future (3) Cooperative tier assignments and 465,650 chum salmon. Bycatch amounts changes to the ICA to decrease salmon inseason adjustments to those remained high in 2005 and totaled bycatch. Pending implementation of assignments; 67,541 Chinook and 116,999 chum Amendment 84, this information could (4) Closure notices and area closure salmon. High bycatch amounts also provide the basis for rulemaking to requirements based on tier assignment; continued in 2006 with 74,120 Chinook adjust ICA provisions that would be and 317,375 chum salmon taken (5) Internal ICA enforcement established in regulations. incidentally by September 23, 2006. provisions; and (6) Inseason data sharing provisions Description of Salmon Bycatch Since establishment of the chum salmon Reduction ICA and Associated EFP savings area in 1995, the bycatch of non- among the pollock harvesting Chinook salmon triggered closures in cooperatives and western Alaska The salmon bycatch reduction ICA is 2002, 2003, 2004, 2005, and 2006. subsistence salmon user groups. intended to reduce salmon bycatch in In February 2005, the Council These provisions are described in detail the Bering Sea pollock fisheries. The initiated an Environmental Assessment/ in the EA prepared for this action (see ICA would be incorporated into existing Regulatory Impact Review/Initial ADDRESSES) and are generally described cooperative agreements among Regulatory Flexibility Analysis to below. participants in the AFA fishery and explore alternatives to the current Industry is concerned that include CDQ groups and western Alaska salmon bycatch measures. Spatial and incorporating components of the salmon community organizations as well as temporal comparisons of non-CDQ bycatch reduction ICA into regulation AFA cooperatives. Parties to the ICA vessels fishing outside the salmon would reduce their operational include the following AFA cooperatives: savings areas with CDQ vessels fishing flexibility and ability to respond to Pollock Conservation Cooperative, the inside the salmon savings areas inseason changes in salmon High Seas Catchers Cooperative, the indicated that bycatch rates were much distribution, abundance, and bycatch Mothership Fleet Cooperative, the higher outside the savings areas. levels. In June 2006, NMFS and GCAK Inshore Cooperatives (Akutan Catcher In October 2005, the Council met with members of the pollock fleet Vessel Association, Arctic Enterprise recommended Amendment 84 to the and western Alaska subsistance user Association, Northern Victor Fleet FMP. Amendment 84 would exempt groups to describe these issues and Cooperative, Peter Pan Fleet non-CDQ and CDQ pollock vessels begin working towards resolving these Cooperative, Unalaska Fleet participating in a salmon bycatch concerns. Cooperative, UniSea Fleet Cooperative, reduction ICA from closures of the To address the immediate need of and Westward Fleet Cooperative) and Chinook and chum salmon savings areas implementing a program to enable all six CDQ groups. Additionally, two in the Bering Sea and enable the pollock vessels to reduce their salmon bycatch western Alaskan groups who have an fleet to utilize its internal cooperative during directed fishing for pollock, and interest in the sustainability of salmon structure to communicate amongst to explore whether promulgating resources would be parties in the ICA. themselves and reduce salmon bycatch. regulations that include components of All these groups have participated in Because the chum salmon savings area the salmon bycatch reduction ICA meetings to develop the ICA and have closes by regulation on August 1 of would be unworkable for the fleet, the a compliance responsibility in the every year (§ 679.22(a)(10)) and this applicants were granted an EFP for the agreement.

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The purpose of the ICA is to use real- Chinook salmon savings area closures. DEPARTMENT OF COMMERCE time salmon bycatch information to These exemptions are necessary to avoid unacceptably high incidental allow the permit holder to effectively National Oceanic and Atmospheric catch rates of chum and Chinook test the feasibility the ICA to reduce Administration salmon. The ICA is a private, salmon bycatch in the Bering Sea. As contractual agreement among the noted above, the analysis prepared for [Docket No. 051017270–5339–02; I.D. parties. All parties to the ICA have this action indicates that some 093005B] agreed to abide by all tenants of the geographic areas may present additional Magnuson-Stevens Fishery contract and the structure of the ICA opportunities to reduce salmon bycatch, Conservation and Management Act and to retain the services of a private but are otherwise closed to fishing contractor to gather and analyze data, Provisions; Fisheries of the during certain times of the year. The monitor the fleet, and report necessary Northeastern United States; Atlantic bycatch information to the parties of the EFP would exempt the applicant from Surfclam and Ocean Quahog Fishery; ICA. fishing closures related to salmon 2007 Fishing Quotas for Atlantic The ICA requires that the bycatch rate bycatch implemented under §§ 679.21 Surfclams and Ocean Quahogs of a participating cooperative be and 679.22. Additionally, vessels listed compared to a pre-determined bycatch on the application would be exempt AGENCY: National Marine Fisheries rate (base rate). All ICA provisions for from salmon bycatch related Service (NMFS), National Oceanic and fleet bycatch avoidance behavior, prohibitions against fishing described in Atmospheric Administration (NOAA), closures, and enforcement are based on § 679.7(c)(2). Vessels would still be Commerce. the ratio of the cooperative’s actual subject to all other requirements ACTION: Notice. salmon bycatch rate to the base rate. described in 50 CFR part 679, including An ICA cooperative is assigned to one monitoring and observer coverage SUMMARY: of three tiers based on its salmon NMFS is announcing that the requirements described in §§ 679.28 and quotas for the Atlantic surfclam and bycatch rate relative to the base rate. 679.50. Higher tiers correspond to higher ocean quahog fisheries for 2007 remain salmon bycatch rates. Tier assignments The applicant would be required to status quo. Regulations governing these determine access privileges to specific report to NMFS and the Council at the fisheries require NMFS to notify the areas. A cooperative assigned to a high December 2007 amd February 2008 public of the allowable harvest levels for tier is restricted from fishing in a meetings the findings of this study. Atlantic surfclams and ocean quahogs relatively larger geographic area to avoid Findings will include how well the from the Exclusive Economic Zone in unacceptably high salmon bycatch project met the goals and objectives the Federal Register if the previous areas. A cooperative assigned to a low described above, and the number of year’s quota specifications remain tier based on fishing behavior that violations of the ICA, the nature of those unchanged. results in relatively low salmon bycatch violations, and the penalty imposed, if FOR FURTHER INFORMATION CONTACT: rates is granted access to a wider range any, against the violating entity. Tobey Curtis, Fishery Management of fishing areas. The private contractor In accordance with § 600.745(b) and Specialist, 978–281–9273. tracks salmon bycatch rates for each § 679.6, NMFS has determined that the cooperative. A participating cooperative SUPPLEMENTARY INFORMATION: The proposal warrants consideration and has is assigned to a tier each week based on Fishery Management Plan for the its salmon bycatch rate for the previous initiated consultation with the Council. Atlantic Surfclam and Ocean Quahog week. Thus, vessels have incentives to The Council will consider the EFP Fisheries (FMP) requires that NMFS avoid fishing behavior that results in application during its meeting in issue notification in the Federal Register high salmon bycatch rates. Anchorage, Alaska from December 4–12, of the upcoming year’s quota, even in Any of the parties to the ICA may 2006. The applicants have been invited cases where the quota remains bring suit against another party for to appear in support of the application. unchanged from the previous year. At breaching the contract. A vessel that Interested persons may comment on the its June 2006 meeting, the Mid-Atlantic enters an area closed to it based on its application at the Council meeting Fishery Management Council voted that tier assignment may be assessed a during public testimony. Information no action be taken to change the quota monetary penalty. The ICA contains a regarding the December 2006 Council specifications for Atlantic surfclams and penalty schedule for violating these meeting is available at the Council’s ocean quahogs for the 2007 fishing year closures. website at http://www.fakr.noaa.gov/ (January 1 through December 31, 2007), The project would begin January 20, npfmc/council.htm. and recommended maintaining the 2005 2007, and continue until November 1, and 2006 quota levels of 3.4 million bu Copies of the application and EA are 2007. Fishing would occur in the Bering (181 million L) for Atlantic surfclams, Sea subarea during the normal fishing available for review from NMFS (see 5.333 million bu (284 million L) for seasons described in regulation at ADDRESSES). ocean quahogs, and 100,000 Maine bu § 679.23. Fishing would occur within Authority: 16 U.S.C. 1801 et seq. (3.524 million L) for Maine ocean the annual specified prohibited species Dated: November 15, 2006. quahogs, as announced in the Federal catch limits and total allowable catch Register on December 28, 2005 (70 FR for pollock. No additional fish would be James P. Burgess, 76715). Acting Director, Office of Sustainable allocated for fishing under this EFP. Authority: 16 U.S.C. 1801 et seq. Exemptions to regulations granted Fisheries, National Marine Fisheries Service. under the EFP would apply to all [FR Doc. E6–19530 Filed 11–17–06; 8:45 am] Dated: November 15, 2006. directed Bering Sea pollock fisheries, BILLING CODE 3510–22–S James P. Burgess, including participants in the CDQ Acting Director, Office of Sustainable program who participate in the ICA. Fisheries, National Marine Fisheries Service. The proposed EFP exempts vessels [FR Doc. E6–19586 Filed 11–17–06; 8:45 am] listed in the application from chum and BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE bowhead whales (Balaena mysticetus) Dated: November 14, 2006. approached during aerial surveys to P. Michael Payne, National Oceanic and Atmospheric 11,000, biopsy sampled to 100, and Chief, Permits, Conservation and Education Administration tagged to 25 in the North Pacific and Division, Office of Protected Resources, National Marine Fisheries Service. [I.D. 110606D] Arctic Oceans. The amendment also permits the Holder to conduct limited [FR Doc. E6–19589 Filed 11–17–06; 8:45 am] Marine Mammals; File Nos. 782–1719, biopsy sampling of several species of BILLING CODE 3510–22–S 1071–1770 large whale calves less than six months of age (with the exception of neonates) AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE Service (NMFS), National Oceanic and and attending females. The amended Atmospheric Administration (NOAA), permit expires June 30, 2009. National Oceanic and Atmospheric Commerce. Permit No. 1071–1770–02 issued to Administration ACTION: Notice; issuance of permit Dr. Adam Pack of The Dolphin Institute amendments. allows takes of non-listed cetaceans and Climate Change Science Program humpback whales (Megaptera (CCSP) Product Development SUMMARY: Notice is hereby given that novaeangliae) in the Eastern, Western, Committee (CPDC) for Synthesis and NMFS, National Marine Mammal and Central North Pacific Ocean. The Assessment Product 5.3; Meeting Laboratory (NMML), 7600 Sand Point permit has been amended to allow AGENCY: Office of Oceanic and Way, NE, Seattle, WA 98102 has been research of blue whales (Balaenoptera Atmospheric Research (OAR), National issued an amendment to scientific musculus), sperm whales (Physeter Oceanic and Atmospheric research Permit No. 782–1719–03 and macrocephalus), and fin whales Administration (NOAA), Department of that The Dolphin Institute (Adam A. (Balaenoptera physalus). The amended Commerce (DOC). Pack, Ph.D., Principal Investigator), 420 permit is valid until August 31, 2010. Ward Avenue, Suite 212, Honolulu, HI ACTION: Notice of Open Meeting. 96814 has been issued an amendment to In compliance with the National SUMMARY: The Climate Change Science scientific research Permit No. 1071– Environmental Policy Act of 1969 (42 Program (CCSP) Product Development 1770–01. U.S.C. 4321 et seq.), an environmental Committee for Synthesis and assessment was prepared analyzing the ADDRESSES: The amendment and related Assessment Product 5.3 (CPDC—S&A effects of the permitted activities. After documents are available for review 5.3) was established by Charter on a Finding of No Significant Impact, the upon written request or by appointment October 12, 2006. CPDC—S&A 5.3 is the in the following office(s): (see determination was made that it was not Federal Advisory Committee charged SUPPLEMENTARY INFORMATION). necessary to prepare an environmental with responsibility to develop a draft FOR FURTHER INFORMATION CONTACT: impact statement. Synthesis and Assessment Product that Amy Hapeman or Carrie Hubard, Issuance of these amended permits, as addresses CCSP Topic 5.3: ‘‘Decision- (301)713–2289. required by the ESA, was based on a Support Experiments and Evaluations SUPPLEMENTARY INFORMATION: On finding that such amendments: (1) were Using Seasonal to Interannual Forecasts February 17, 2005 and March 1, 2005, applied for in good faith; (2) will not and Observational Data’’. notice was published in the Federal operate to the disadvantage of such Time and Date: The meeting will be Register (70 FR 8076) and (70 FR 9928), endangered species; and (3) are held Monday, December 11, 2006 from respectively, that requests to take consistent with the purposes and 11 a.m. to 1 p.m. This time and the marine mammals for scientific research policies set forth in section 2 of the agenda topics described below are had been submitted by the above-named ESA. subject to change. Refer to the Web page institutions. The requested amendments http://www.climate.noaa.gov/ have been granted under the authority Documents may be reviewed in the index.jsp?pg=./ccsp/53.jsp for the most of the Marine Mammal Protection Act of following locations: up-to-date meeting agenda. 1972, as amended (16 U.S.C. 1361 et Permits, Conservation and Education Place: The meeting will be held via seq.), the regulations governing the Division, Office of Protected Resources, teleconference. Please contact Dr. Nancy taking and importing of marine NMFS, 1315 East-West Highway, Room Beller-Simms for further information mammals (50 CFR part 216), the 13705, Silver Spring, MD 20910; phone (contact information follows). Endangered Species Act of 1973, as (301)713–2289; fax (301)427–2521; Status: The meeting will be open to amended (ESA; 16 U.S.C. 1531 et seq.), Northwest Region, NMFS, 7600 Sand public participation with a 30-minute and the regulations governing the Point Way NE, BIN C15700, Bldg. 1, public comment period on December 11 taking, importing, and exporting of from 12:30–1 p.m. (times are dependent Seattle, WA 98115–0700; phone endangered and threatened species (50 on number of participants; check Web (206)526–6150; fax (206)526–6426; CFR 222–226). site to confirm this time). In general, Permit No. 782–1719–04, issued to Alaska Region, NMFS, P.O. Box each individual or group making a NMML (John Bengtson, Principal 21668, Juneau, AK 99802–1668; phone verbal presentation will be limited to a Investigator), allows takes of all species (907)586–7221; fax (907)586–7249; total time of five (5) minutes. Written of cetaceans under NMFS jurisdiction Southwest Region, NMFS, 501 West comments (at least 35 copies) should be during stock assessment activities Ocean Blvd., Suite 4200, Long Beach, received by the CPDC—S&A 5.3 throughout U.S. territorial waters and CA 90802–4213; phone (562)980–4001; Designated Federal Official by the high seas of the North Pacific Ocean, fax (562)980–4018; and December 5, 2006 to provide sufficient Southern Ocean, Arctic Ocean, and the time for review. Written comments territorial waters of Mexico (Gulf of Pacific Islands Region, NMFS, 1601 received after that date will be California only), Canada, Russia, Japan, Kapiolani Blvd., Rm 1110, Honolulu, HI distributed to the CPDC—S&A 5.3, but and the Philippines. This permit has 96814–4700; phone (808)944–2280; fax may not be reviewed prior to the been amended to increase the number of (808)973–2941. meeting date.

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Matters to Be Considered: The FOR FURTHER INFORMATION CONTACT: discuss practical issues surrounding meeting will include, but not be limited Daniel T. Furlong, Executive Director, potential requirements for trawl sweeps to, the following topics: (1) Discussion Mid-Atlantic Fishery Management in Bering Sea bottom trawl fisheries. of procedures for completion of the first Council; 300 S. New Street, Room 2115, Bottom trawl gear modifications are draft of the Synthesis and Assessment Dover, DE 19904; telephone: (302) 674– being considered as an alternative to Product 5.3; (2) Discussion of plans for 2331, extension 19. reduce the impacts of fishing on benthic completion and submission of future SUPPLEMENTARY INFORMATION: The habitat in the Bering Sea. Research has drafts and procedures; (3) Discussion of purpose of this meeting is to review the indicated that adding discs or rollers to a stakeholder workshop to be held in status of the new research vessel FSV the sweep reduces bottom contact early January. Henry B. Bigelow and evaluate survey without substantially reducing catch FOR FURTHER INFORMATION CONTACT: Dr. protocols for the new survey. rates of target species. Details of a gear Nancy Beller-Simms, Designated requirement, such as disc size, Special Accommodations Federal Official, CPDC—S&A 5.3 composition, spacing, attachment, and (NOAA Climate Program Office, 1315 The meeting is physically accessible enforcement have not yet been East West Highway, Room 12221, Silver to people with disabilities. Requests for determined. While testimony before the Spring, Maryland 20910. Phone: 301– sign language interpretation or other Council and its committees will be the 734–1200, Fax: 301–713–0515, E-mail: auxiliary aids should be directed to M. venue to address whether such [email protected]) or visit Jan Saunders at the Mid-Atlantic regulations should be pursued, this the Web site at http:// Council Office, (302) 674–2331 workshop provides a venue to gather www.climate.noaa.gov/index.jsp?pg=./ extension 18, at least 5 days prior to the practical information, identify issues ccsp/53.jsp. meeting date. relative to enforcement and implementation of potential regulations, Dated: November 14, 2006. Dated: November 15, 2006. and identify workable solutions. Mark E. Brown, Tracey L. Thompson, Chief Financial Officer and Chief Acting Director, Office of Sustainable Special Accommodations Administrative Officer, Office of Oceanic and Fisheries, National Marine Fisheries Service. This meeting is physically accessible Atmospheric Research, National Oceanic and [FR Doc. E6–19531 Filed 11–17–06; 8:45 am] to people with disabilities. Requests for Atmospheric Administration. BILLING CODE 3510–22–S sign language interpretation or other [FR Doc. E6–19515 Filed 11–17–06; 8:45 am] auxiliary aids should be directed to Gail BILLING CODE 3510–22–P Bendixen, (907) 271–2809, at least 5 DEPARTMENT OF COMMERCE working days prior to the meeting date. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Dated: November 15, 2006. Administration Tracey L. Thompson, National Oceanic and Atmospheric Acting Director, Office of Sustainable [I.D. 111406H] Administration Fisheries, National Marine Fisheries Service. [I.D. 111506B] North Pacific Fishery Management [FR Doc. E6–19525 Filed 11–17–06; 8:45 am] Council; Public Meeting BILLING CODE 3510–22–S Mid-Atlantic Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries Atmospheric Administration (NOAA), Service (NMFS), National Oceanic and Commerce. National Oceanic and Atmospheric Atmospheric Administration (NOAA), ACTION: Notice of a council workshop. Administration Commerce. ACTION: Notice of public meeting. SUMMARY: The North Pacific Fishery [I.D. 111406G] Management Council (Council) will SUMMARY: The Trawl Survey Advisory hold a workshop on potential gear North Pacific Fishery Management Panel, composed of representatives from modification regulations as a part of the Council; Public Meetings the National Marine Fisheries Service’s analysis for the Bering Sea Habitat AGENCY: National Marine Fisheries Northeast Fisheries Science Center Conservation analysis. (NEFSC), the Mid-Atlantic Fishery Service (NMFS), National Oceanic and DATES: The workshop will be held on Management Council (MAFMC), the Atmospheric Administration (NOAA), Thursday, December 7, 2006, at 6:30 New England Fishery Management Commerce. p.m. Council (NEFMC), and several ACTION: Notice of public meetings. independent scientific researchers, will ADDRESSES: The workshop will be held hold a public meeting. at the Hilton Hotel, 500 West 3rd SUMMARY: The North Pacific Fishery Management Council (Council) and its DATES: The meeting will be held on Avenue, in the Dillingham/Katmai advisory committees will hold public Monday, December 11, 2006, from 12 Room, Anchorage, AK. meetings. p.m. to 6 p.m. and Tuesday, December Council address: North Pacific 12, 2006, from 8 a.m. to 12 p.m. Fishery Management Council, 605 W. DATES: The meetings will be held on 4th Ave., Suite 306, Anchorage, AK ADDRESSES: The meeting will be held at December 4, 2006 through December 12, the Crowne Plaza, Two Harmon Plaza, 99501–2252. 2006. See SUPPLEMENTARY INFORMATION Secaucus, NJ 07094, telephone: (201) FOR FURTHER INFORMATION CONTACT: for specific dates and times. 348–6900. Cathy Coon, North Pacific Fishery ADDRESSES: The meetings will be held at Council address: Mid-Atlantic Fishery Management Council; telephone: (907) the Anchorage Hilton Hotel, 500 West Management Council; 300 S. New 271–2809. Third Avenue, Anchorage, AK. Street, Room 2115, Dover, DE 19904, SUPPLEMENTARY INFORMATION: The Council address: North Pacific telephone: (302) 674–2331. purpose of the workshop will be to Fishery Management Council, 605 W.

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4th Avenue, Suite 306, Anchorage, AK 4. Trawl License Limitation Program (907) 271–2809 at least 7 working days 99501–2252. Recency: Preliminary review of analysis prior to the meeting date. FOR FURTHER INFORMATION CONTACT: Gail and direction as necessary. Dated: November 15, 2006. Bendixen, Council staff; telephone: 5. Gulf of Alaska (GOA) Tracey L. Thompson, Rationalization: Review analysis and (907) 271–2809. Acting Director, Office of Sustainable refine alternatives. Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The 6. Seabird Interactions: Initial review Council will begin its plenary session at of Environmental Assessment/ [FR Doc. E6–19526 Filed 11–17–06; 8:45 am] 8 a.m. on Wednesday, December 6, Regulatory Impact Review (EA/RIR). BILLING CODE 3510–22–S continuing through December 12, 2006. 7. Groundfish Management: Receive The Council’s Advisory Panel (AP) will report on summary of comments on DEPARTMENT OF COMMERCE begin at 8 a.m., Monday, December 4 Environmental Impact Statement (EIS); and continue through Saturday review GOA Stock Assessment Fishery December 9. The Scientific and National Oceanic and Atmospheric Evaluation Report (SAFE), adopt final Administration Statistical Committee (SSC) will begin at harvest specifications for 2007/08; 8 a.m. on Wednesday, December 6 and review Bering Sea Aleutian Islands (BS/ [I.D. 111406E] continue through Friday December 8, AI) SAFE, adopt final harvest Pacific Fishery Management Council; 2006. The Enforcement Committee will specifications for 2007/08; review Adak Public Meeting meet Tuesday, December 5, from 9 a.m. Experimental Fishing Permit (EFP). to 12 noon, in the Birch/Willow Room. 8. Prohibited species bycatch: Final AGENCY: National Marine Fisheries All meetings are open to the public, action on Vessel Incentive Program Service (NMFS), National Oceanic and except executive sessions. (VIP) repeal amendment package; Atmospheric Administration (NOAA), Council Plenary Session: The agenda Review EFP for Salmon Bycatch. Commerce. for the Council’s plenary session will 9. Bering Sea Habitat Conservation: ACTION: Notice of a public meeting. include the following issues. The Receive report on gear research and Council may take appropriate action on finalize alternatives for analysis (T). SUMMARY: The Pacific Fishery any of the issues identified. 10. Staff Tasking: Review Committees Management Council’s (Council) 1. Reports and tasking and take action as Groundfish Management Team (GMT) a. Executive Director’s Report necessary; review progress on the Arctic will hold a work session via conference b. NMFS Management Report management, and action as necessary; call, which is open to the public. (including Resource Access refine Programmatic Environmental DATES: The GMT will meet via Management Division crab management Impact statement management policy conference call on Monday, December 4, report) workplan. 2006, from 1 p.m. until business is c. North Pacific Research Board 11. Other Business completed. The SSC agenda will include the Report ADDRESSES: A public listening station d. Enforcement Report following issues: will be available at the following a. North Pacific Research Board report e. U.S. Coast Guard Report location: Pacific Fishery Management b. Protected Species f. Alaska Department of Fish & Game Council, 7700 NE Ambassador Place, Report (including review of halibut c. Charter Halibut moratorium d. Trawl LLP Recency Suite 101, Portland, OR 97220–1384. subsistence survey report) Council address: Pacific Fishery e. Seabird Interactions g. U.S. Fish & Wildlife Service Report f. Groundfish Management Management Council, 7700 NE h. Department of State Report g. EFP Review Ambassador Place, Suite 101, Portland, i. Protected Species Report (including h. Bering Sea Habitat Conservation OR 97220–1384. Marine Mammal Protected Act List of i. BS/AI Crab Management FOR FURTHER INFORMATION CONTACT: Ms. Fisheries for 2007, Adak area pollock The Advisory Panel will address the Laura Bozzi, Pacific Fishery study, update on consultation, SSC same agenda issues as the Council. Management Council; telephone: (503) review of ranking tool) Although non-emergency issues not 820–2280. 2. Charter Halibut Management: contained in this agenda may come SUPPLEMENTARY INFORMATION: The Status report on 2005 Guideline Harvest before these groups for discussion, those purpose of the GMT work session is to Levels (GHLs) and committee report; issues may not be the subject of formal discuss the Trawl Individual Quota review discussion paper on 5–fish limit, action during these meetings. Action alternatives under development by the and committee report and action as will be restricted to those issues Council. Specifically, the GMT will necessary; review discussion paper on specifically identified in this notice and continue to develop statements that Halibut Act proposed amendment and any issues arising after publication of address the management feasibility of committee report, and action as this notice that require emergency particular aspects of the proposed necessary; review separate action under section 305(c) of the alternatives. No management actions accountability issue and committee Magnuson-Stevens Fishery will be decided by the GMT on these report and action as necessary; review Conservation and Management Act, issues. The GMT’s statements will be moratorium discussion paper and provided the public has been notified of provided to facilitate decision-making at committee report; review discussion the Council’s intent to take final action the Council’s Groundfish Allocation paper on allocations/shares and to address the emergency. Committee (GAC) December 12–14, committee report and action as 2006 meeting, as well as to the Council necessary; review discussion paper on Special Accommodations and its advisory bodies at a later point. allocations/shares and committee report These meetings are physically Although non-emergency issues not and action as necessary. accessible to people with disabilities. contained in the meeting agenda may be 3. Maximum Retainable Amounts Requests for sign language discussed, those issues may not be the (MRA) Adjustments: Final action on interpretation or other auxiliary aids subject of formal action during this amendment. should be directed to Gail Bendixen at meeting. Action will be restricted to

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those issues specifically listed in this by facsimile to (571) 273–7735, marked small business concern as described in document and any issues arising after to the attention of Christina T. Donnell. 13 CFR 121.201. publication of this document that SUPPLEMENTARY INFORMATION: The Comments and Responses: Pursuant require emergency action under section USPTO is in this notice establishing the to the Regulatory Flexibility Act, the 305(c) of the Magnuson-Stevens Fishery SBA business size standard for the USPTO consulted with SBA Advocacy Conservation and Management Act, purpose of paying reduced patent fees and published a request for comments provided the public has been notified of as the size standard for conducting an on the establishment of a business size the intent to take final action to address analysis or making a certification under standard (the business size standard set the emergency. the Regulatory Flexibility Act for patent- forth in 13 CFR 121.802 for the purpose of paying reduced patent fees) for the Special Accommodations related regulations. The USPTO is not changing or proposing to change the purpose of USPTO Regulatory The meeting is physically accessible definition of small entity for the Flexibility Analysis for patent-related to people with disabilities. Requests for purpose of paying reduced patent fees. regulations. See Size Standard for sign language interpretation or other The patent statute provides that Purposes of United States Patent and auxiliary aids should be directed to Ms. ‘‘[f]ees charged under [35 U.S.C. 41](a), Trademark Office Regulatory Flexibility Carolyn Porter at (503) 820–2280 at least (b) and (d)(1) shall be reduced by 50 Analysis for Patent-Related Regulations, 5 days prior to the meeting date. percent with respect to their application 71 FR 38388 (July 6, 2006), 1309 Off. Authority: 16 U.S.C. 1801 et seq. to any small business concern as Gaz. Pat. Office 37 (Aug. 1, 2006) defined under section 3 of the Small (request for comments). SBA Advocacy Dated: November 15, 2006. convened a regulatory roundtable to Tracey L. Thompson, Business Act, and to any independent inventor or nonprofit organization as discuss the USPTO’s proposed business Acting Director, Office of Sustainable size standard (attended by USPTO Fisheries, National Marine Fisheries Service. defined in regulations issued by the Director.’’ 35 U.S.C. 41(h)(1). The SBA representatives) on July 19, 2006, and [FR Doc. E6–19524 Filed 11–17–06; 8:45 am] defines a small business concern for the the USPTO received seven written BILLING CODE 3510–22–S purpose of paying reduced patent fees comments (from SBA Advocacy, the as one: ‘‘(a) Whose number of Professional Inventors Alliance, and five individuals) in response to the request DEPARTMENT OF COMMERCE employees, including affiliates, does not exceed 500 persons; and (b) Which has for comments. The comments and Patent and Trademark Office not assigned, granted, conveyed, or responses to the comments follow: licensed (and is under no obligation to Comment 1: SBA Advocacy [Docket No.: PTO–P–2006–0034] do so) any rights in the invention to any commented, in pertinent part, that: person who made it and could not be On July 19, 2006, Advocacy convened a Business Size Standard for Purposes classified as an independent inventor, regulatory roundtable to discuss the USPTO’s of United States Patent and Trademark or to any concern which would not proposed size standard. Participants at the Office Regulatory Flexibility Analysis qualify as a non-profit organization or a roundtable included industry personnel for Patent-Related Regulations small business concern under this representing the interests of small businesses and independent inventors, USPTO AGENCY: United States Patent and section.’’ 13 CFR 121.802. personnel, representatives from the SBA Trademark Office, Commerce. The USPTO uses the SBA business Office of Size Standards, and Advocacy. size standard for the purpose of paying ACTION: Notice. During the roundtable, small entity reduced patent fees in 13 CFR 121.802 representatives expressed reservations about SUMMARY: The Regulatory Flexibility Act as the size standard when conducting an the proposed size standard. They indicated permits an agency head to establish, for analysis or making a certification under that the standard would exclude a significant purposes of Regulatory Flexibility Act the Regulatory Flexibility Act for patent- number of small entities. Further, they were concerned that the standard would not analysis and certification, one or more related regulations. See e.g., Changes To Support Implementation of the United provide an accurate estimate of the number definitions of ‘‘small business concern’’ of small entities affected by the USPTO’s that are appropriate to the activities of States Patent and Trademark Office 21st regulations. the agency. Pursuant to this authority, Century Strategic Plan, 69 FR 56481, Currently, patent applicants must claim the United States Patent and Trademark 56530 (Sept. 21, 2004) (discussion small entity status by checking a box on their Office (USPTO) is establishing the Small indicating that small entities for patent application. However, small entity Business Administration (SBA) business purposes of the Regulatory Flexibility representatives informed Advocacy that size standard for the purpose of paying Act are considered a subset of the small entities often choose not to claim small entity reduced patent fees as the size standard entities for purposes of paying reduced status for a variety of reasons. USPTO data systems track the number of patent for conducting an analysis or making a patent fees). The USPTO has no business need (other than to conduct an applications that claim small entity status. certification under the Regulatory The agency then uses the numbers to Flexibility Act for patent-related analysis or make a certification under estimate the number of small entities affected regulations. the Regulatory Flexibility Act) to collect by its rulemakings. The agency does not information from patentees and patent collect data on or count the specific entities DATES: Effective Date: November 20, applicants concerning whether they are that are submitting a patent application. As 2006. a small business concern using the a result, the data collected by the USPTO FOR FURTHER INFORMATION CONTACT: business size standards set forth in 13 does not provide an accurate estimate of the Christina T. Donnell, Senior Petitions CFR 121.201. Thus, the USPTO uses the number of small entities affected by the Attorney, Office of Petitions, Office of SBA business size standard set forth in agency’s rules. Since the proposed size the Deputy Commissioner for Patent 13 CFR 121.802 as its size standard standard only tabulates the number of applicants claiming small entity status, and Examination Policy, by telephone at when conducting an analysis or making not actual small entities, Advocacy does not (571) 272–3211, by mail addressed to: a certification under the Regulatory believe that it is the appropriate size standard Mail Stop Comments—Patents, Flexibility Act to avoid the need to for [Regulatory Flexibility Act] purposes. Commissioner for Patents, P.O. Box gather data from patentees and patent Advocacy appreciates the USPTO’s 1450, Alexandria, VA, 22313–1450, or applicants as to whether they are a challenge in identifying an appropriate size

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standard for [Regulatory Flexibility Act] that the small entity data in PALM The statement that patent applicants purposes. We agree with the agency’s significantly undercounts the number of must claim small entity status by decision to request public comment on the small entities, the representatives at the checking a box on a particular USPTO proposed size standard. However, we urge the USPTO not to adopt a size standard that SBA Advocacy roundtable and the form is not correct. The USPTO revised would adversely affect small entities. The comments asserted that small entities 37 CFR 1.27 in September of 2000 to proposed standard will not facilitate the routinely decline to claim small entity provide that patent applicants may USPTO’s compliance with the [Regulatory status because: (1) Applicants must claim small entity status by: (1) Flexibility Act] since it will not adequately claim small entity status by checking a Providing a written assertion of estimate the small entities affected by the box on a particular USPTO form; (2) entitlement to small entity status (37 agency’s regulations. Advocacy suggests that small entities consider the fifty percent CFR 1.27(c)(1)); or (2) paying the basic the agency continue to work with our office reduction in patent fees negligible filing or basic national fee in the small to identify a more appropriate standard after reviewing public comments on the proposal. relative to the overall cost of obtaining entity amount (37 CFR 1.27(c)(3)). See a patent; and (3) there are negative legal Changes to Implement the Patent Another individual comment also consequences if small entity status is Business Goals, 65 FR 64603, 54609–15, objected to the use of the SBA business claimed or is claimed improperly. 54659–61 (Sept. 8, 2000) (final rule). size standard in 13 CFR 121.802 as the The small entity data contained in the The USPTO includes a box next to a size standard when conducting an PALM system is collected from patent written assertion of entitlement to small analysis or making a certification under applicants on the basis of whether the entity status on its application the Regulatory Flexibility Act for patent- applicant claims small entity status for transmittal form, which patent related regulations. The comment the purpose of paying patent fees. applicants may use to claim small entity asserted that it was not unusual for a Section 4502(b) of the American status when filing a patent application small business concern to file as a large Inventors Protection Act of 1999 (AIPA) (37 CFR 1.27(c)(1)). The USPTO, entity to avoid the possibility of the charged the Government Accountability however, does not require applicants to patent being subsequently invalidated Office (GAO) with conducting a study of check this box on the application because of an improper assertion of transmittal form (or even use the small entity status. Additionally, the the impact of the AIPA’s eighteen- application transmittal form) to claim comment asserted that the number of month publication provisions, which small entity status. Therefore, the small business concerns affected by the included a study of any correlation of USPTO does not believe that small USPTO’s rule making is much greater the status of the applicant (small entity entities routinely decline to claim small than the number of small entity or non-small entity) and the eighteen- entity status due to the USPTO’s applicants assessed by the USPTO. month publication of applications. See requirements for establishing small Alternatively, several individual Public Law 106–113, 113 Stat. 1501, entity status. comments supported the USPTO’s 1501A–552–53 (1999). The GAO definition of small business concern for analyzed the data in the USPTO’s PALM The argument that small entities Regulatory Flexibility Act purposes. system and deemed it sufficiently consider the fifty percent reduction in Response: The USPTO does not reliable for purposes of conducting the patent fees to be negligible is likewise consider the arguments that it study mandated by the AIPA. See unpersuasive. As introduced and significantly undercounts the number of Information about the Publication reported out of the House Committee on small entities affected by its rule Provisions of the American Inventors the Judiciary, the United States Patent makings to be persuasive. On July 19, Protection Act, GAO–04–603 at 14–15 and Trademark Fee Modernization Act 2006, representatives from the USPTO (2004). of 2003 did not contain a small entity attended SBA Advocacy’s roundtable The USPTO representatives indicated reduction for the patent search fee. See and met with representatives from the at the SBA Advocacy roundtable that to The United States Patent and SBA, SBA Advocacy, the Intellectual collect small entity data with the Trademark Fee Modernization Act of Property Owners Association, the reliability being urged by SBA 2003, H.R. 1561, 109th Cong., § 2 (2003). Association for Competitive Advocacy (or of greater reliability than During the floor debate on the United Technology, the American Intellectual is currently contained in the USPTO’s States Patent and Trademark Fee Property Law Association, and the PALM system) would compel the Modernization Act, the following United Inventors Association. The USPTO to require all patent applicants amendments were necessary to address USPTO received anecdotal feedback at to affirmatively state whether they are or small entity concerns and secure the SBA Advocacy roundtable that the are not a small entity. No party present passage of this legislation by the House USPTO significantly undercounts the at the SBA Advocacy roundtable of Representatives: (1) A fifty percent number of small entities affected by its advocated the adoption of such a reduction in the patent search fee for rule makings when the USPTO relies requirement. In addition, the SBA small entities; (2) a seventy-five percent upon the small entity data as contained Advocacy comment does not suggest reduction in the patent filing fee for in the USPTO’s Patent Application any viable alternative to the USPTO’s small entities who file electronically; Locating and Monitoring (PALM) reliance upon the data on small entities and (3) a study of the effects of patent system. The USPTO, however, has not contained in the USPTO’s PALM system fees on the ability of small entities to been provided with any data or other for Regulatory Flexibility Act analysis or file patent applications. See United specific information to substantiate this certification purposes. Therefore, the States Patent and Trademark Fee anecdotal information. In addition, none USPTO considers the data on small Modernization Act of 2004, 150 Cong. of the groups whose representatives entities in the USPTO’s PALM system to Rec. H793, H803 (daily ed. Mar. 3, 2004) were present at the SBA Advocacy be sufficiently reliable (especially in (floor debate and passage of United roundtable (except for SBA Advocacy) light of the absence of any viable States Patent and Trademark Fee submitted a comment in response to the preferable alternatives) for use in Modernization Act of 2004 by the House USPTO’s request for comments on the conducting an analysis or making a of Representatives). The USPTO does USPTO’s definition of small business certification under the Regulatory not believe that small entities would concern for Regulatory Flexibility Act Flexibility Act for patent-related have sought these changes to the United purposes. In support of the contention regulations. States Patent and Trademark Fee

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Modernization Act of 2004 if a erroneous payment of patent fees in the status for software-embodied substantial number of small entities small entity amount under 37 CFR 1.28 inventions, even though the applicant or considered the fifty percent reduction in without penalty, such as patent lapse, as patentee is entitled to the benefit of patent fees to be negligible. long as small entity status was small entity status, because the The argument concerning negative established in good faith and the small applicant or patentee is usually unaware legal consequences if small entity status entity fees were paid in good faith. See if or when the mass-market software is claimed or is claimed improperly is DH Tech. v. Synergystex Int’l, 154 F.3d production is licensed by a non-small similarly not persuasive. The rules of 1333, 1343, 47 U.S.P.Q.2d 1865, 1872 entity. practice provide that: ‘‘[i]f status as a (Fed. Cir. 1998). Thus, subsequent to the Response: The scope of the term small entity is established in good faith, Federal Circuit’s decision in DH ‘‘license’’ in the context of entitlement and fees as a small entity are paid in Technology, the only patent applicants to small entity status was previously good faith, in any application or patent, or patentees who face negative legal discussed in the SBA rule making to and it is later discovered that such consequences from claiming or define small entity for purposes of a status as a small entity was established erroneously claiming small entity status reduction in patent fees for such a small in error, or that through error the Office are those applicants who have no basis entity. Specifically, the SBA responded was not notified of a loss of entitlement for making a good faith claim to small as follows: to small entity status as required by entity status. Therefore, the USPTO § 1.27(g)(2), the error will be excused does not believe that a significant Two comments raised questions about the upon compliance with the number of small entities currently intended scope of the term ‘‘license.’’ It was suggested that clarification is needed as to [requirements of 37 CFR 1.28(c)].’’ 37 decline to claim small entity status to what is included within the scope of the CFR 1.28(c). In the mid-1990s, there avoid negative legal consequences (i.e., term. One comment suggested that, ‘‘[a]t the were District Court decisions in which the patent being invalidated) due to the very least, the record should reflect that the a patentee faced negative legal applicant claiming or erroneously definition is not intended to reach implied consequences for erroneously or claiming small entity status. licenses to use and resell patented articles improperly claiming small entity status. Finally, no party to the SBA purchased from a small business.’’ The See Haden Schweitzer Corp. v. Arthur Advocacy roundtable or other comment comment is correct insofar as it suggests that B. Myr Industries, Inc., 901 F. Supp. suggested that the USPTO should use such ‘‘implied licenses’’ are not intended to 1235, 36 U.S.P.Q.2d 1020 (E.D. Mich. the business size standards set forth in be included within the scope of the term. 1995) (failure to pay maintenance fee in 13 CFR 121.201 for purposes of Likewise, an order by the applicant to a firm to build a proto-type machine or product for the correct amount results in conducting an analysis or making a the applicant’s own use is not considered to intervening rights under 35 U.S.C. certification under the Regulatory constitute a license for purposes of the 41(c)(2)); and (2) DH Technology, Inc. v. Flexibility Act for patent-related definition. Synergstex International, Inc., 937 F. regulations. Another suggestion was that the regulation Supp. 902, 40 U.S.P.Q.2d 1754 (N.D. Comment 2: One comment requested be reworded to deny small business status Cal. 1996) (failure to timely pay issue clarification as to whether a license to where revenue above a certain dollar amount fee in the correct amount results in a non-small entity that arises only was received from licensing rights under the patent lapse under 35 U.S.C. 151); but impliedly negates small entity status for invention to a concern which could not see Jewish Hospital of St. Louis v. Idexx an applicant or patentee. The comment qualify as a small entity. It was also Laboratories, 951 F. Supp 1, 42 stated that the situation of an implied suggested that the term ‘‘exclusive license of license to a non-small entity frequently any of the rights in the invention’’ be used U.S.P.Q.2d 1720 (D. Me. 1996) instead of the term ‘‘license.’’ The latter two (correction of improper small entity fee occurs when the invention is embodied suggestions have not been adopted. Adoption payment in compliance with 37 CFR in software, and the software is mass- of these suggestions would cause the 1.28 does not result in patent lapse). In marketed under a standard shrink-wrap regulation to become more complicated, and light of the uncertainty that existed in license. The comment asserted that a does not appear necessary to aid small the mid-1990s concerning the shrink-wrap agreement typically grants concerns in accord with the purposes of the consequences of erroneously claiming a ‘‘license’’ without indicating the legislation. In addition, it could substantially small entity status, the Office advised intellectual property rights for which broaden the number of concerns which could applicants and patentees at that time the ‘‘license’’ is granted. The comment qualify with a resulting excessive loss of that they could avoid this uncertainty contended that frequently the licensee revenue to the Patent and Trademark Office. cannot use the software without using It is not seen likely that the restriction on by not claiming small entity status licensing would unduly or adversely affect unless it is absolutely certain that the the patented invention and that the law the ability of the small business concern to applicant or patentee is entitled to small often implies a license under these participate in the patent system. entity status (i.e., resolving any doubt, circumstances. Additionally, the uncertainty, or lack of information in comment asserted that the current Definition of Small Business for favor of payment of the full fee). See definition of small business concern Paying Reduced Patent Fees Under Title Changes to Patent Practice and excludes any small entity that licensed 35, United States Code, 47 FR 43272 Procedure, 62 FR 53131, 53135 (Oct. 10, the invention to a non-small entity; (Sept. 30, 1982) (final rule). The USPTO 1997); see also DH Technology, 937 F. however, the definition does not limit did not propose to change the definition Supp. at 910, 40 U.S.P.Q.2d at 1761 the exclusion to only those small of a small business concern for the (‘‘where there is the slightest doubt business concerns that explicitly purpose of paying reduced patent fees. about an applicant’s entitlement to licensed the invention. Therefore, the Rather, the USPTO was inviting public claim small entity status, the applicant comment suggested that the USPTO comment on the establishment of the would be foolish not to pay the full adopt the following language: ‘‘(b) SBA business size standard in 13 CFR *** fee’’). which has not assigned, granted, 121.802 as the size standard when The U.S. Court of Appeals for the conveyed, or explicitly licensed (and is conducting an analysis or making a Federal Circuit (Federal Circuit), under no obligation to do so) any rights certification under the Regulatory however, reversed the District Court’s in the invention * * * .’’ Lastly, the Flexibility Act for patent-related decision in DH Technology and held comment averred that some regulations. Therefore, the suggested that an applicant may correct an practitioners do not claim small entity change is not adopted.

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Comment 3: One comment suggested granted, conveyed, or licensed, and is under ‘‘small business concern’’ that are that part (b) of the SBA’s definition of no obligation under contract or law to assign, appropriate to the activities of the a small business concern, specifying an grant, convey or license, any rights in the agency, after consultation with the entity ‘‘which has not assigned, granted, invention to any person who could not be Office of Advocacy of the Small classified as an independent inventor if that conveyed or licensed * * * any rights person had made the invention, or to any Business Administration and in the invention’’ to a large entity concern which would not qualify as a small opportunity for public comment. See 5 should be deleted from the definition as business concern or a nonprofit organization U.S.C. 601(3) and 13 CFR 121.903(c). being inappropriate. The comment under this section.’’ The intent of both 13 The USPTO consulted with SBA stated that a license or other agreement CFR 121.3–18 and 37 CFR 1.9(d) and 1.27(c) Advocacy and published a request for between a small entity and a large entity is to limit the payment of reduced fees under comments on the establishment of a does not typically result in substantial section 41(a) and (b) of Title 35, United business size standard (the SBA income to the small entity. The States Code, to those situations in which all business size standard set forth in 13 comment further asserted that in most of the rights in the invention are owned by small entities, i.e., independent inventors, CFR 121.802 for the purpose of paying cases the small entity retains the small business concerns, or nonprofit reduced patent fees) for USPTO financial responsibility to pay the patent organizations. To do otherwise would be Regulatory Flexibility Analysis for prosecution and maintenance fees, clearly contrary to the intended purpose of patent-related regulations. See Size without any additional income from the the legislation which contains no indication Standard for Purposes of United States large entity. The comment contended that fees are to be reduced in circumstances Patent and Trademark Office Regulatory that if the license or other agreement is where rights are owned by non-small entities. Flexibility Analysis for Patent-Related later terminated, the termination Adopting the suggestion might, for example, Regulations, 71 FR at 38388–89, 1309 permit a non-small entity to transfer patent agreement often allows the large entity Off. Gaz. Pat. Office at 37–38. Therefore, to retain some rights without further rights to a small business concern which would pay the reduced fees and grant an the USPTO is establishing the following payment. Additionally, the termination exclusive license to the non-small entity. definition of small business concern for agreement may be so complex that the Revision of Patent and Trademark purposes of the USPTO conducting an small entity may not be able to analysis or making a certification under overcome a charge of inequitable Fees, 47 FR 43273 (Sept. 30, 1982) (final rule). Therefore, the suggested change is the Regulatory Flexibility Act for patent- conduct by a third party. Alternatively, related regulations: A small business one of the comments stated that the not adopted. Comment 4: One comment noted an concern for Regulatory Flexibility Act adopted size standard does not unfairly purposes for patent-related regulations burden small entities because a large error in the following text: ‘‘The SBA Advocacy, however, has questioned is a business or other concern that: (1) entity typically pays the cost of patent Meets the SBA’s definition of a prosecution when a small entity whether the USPTO’s size standard is under-inclusive because it excludes any ‘‘business concern or concern’’ set forth licenses its technology to the large in 13 CFR 121.105; and (2) meets the entity. business concern that has assigned, granted, conveyed, or licensed (and is size standards set forth in 13 CFR Response: 13 CFR 121.802 is the 121.802 for the purpose of paying substantive provision for determining under no obligation to do so).’’ The comment suggested the following reduced patent fees, namely, an entity: whether an entity is a small business (a) Whose number of employees, concern for purposes of paying reduced correction: ‘‘The SBA Advocacy, however, has questioned whether the including affiliates, does not exceed 500 patent fees. The USPTO did not propose persons; and (b) which has not assigned, to change the definition of a small USPTO’s size standard is under- inclusive because it excludes any granted, conveyed, or licensed (and is business concern for the purpose of under no obligation to do so) any rights paying reduced patent fees. Rather, the business concern that has assigned, granted, conveyed, or licensed (or is in the invention to any person who USPTO was inviting public comment on made it and could not be classified as the establishment of the SBA business under an obligation to do so).’’ Response: The USPTO notes that the an independent inventor, or to any size standard in 13 CFR 121.802 as the concern which would not qualify as a size standard when conducting an text at issue should have read: ‘‘The SBA Advocacy, however, has non-profit organization or a small analysis or making a certification under business concern under this definition. the Regulatory Flexibility Act for patent- questioned whether the USPTO’s size related regulations. standard is under-inclusive because it Dated: November 9, 2006. Moreover, the suggestion was excludes any business concern that has Jon W. Dudas, previously considered and rejected in assigned, granted, conveyed, or licensed Under Secretary of Commerce for Intellectual the rule making to implement the (or is under an obligation to do so) any Property and Director of the United States reduction in patent fees for small rights in the invention to any person Patent and Trademark Office. entities. Specifically, a past comment who made it and could not be classified [FR Doc. E6–19573 Filed 11–17–06; 8:45 am] suggested that 37 CFR 1.27 should be as an independent inventor, or to any BILLING CODE 3510–16–P corrected to indicate that a small concern which would not qualify as a business concern would be entitled to non-profit organization or a small pay reduced patent fees even though the business concern under [13 CFR DEPARTMENT OF DEFENSE small business concern may grant a non- 1.802].’’ exclusive or an exclusive license to a Establishment of a Definition of Office of the Secretary ‘‘Small Business Concern’’ for Purposes non-small entity. The USPTO Office of the Secretary of Defense responded as follows: of the USPTO Conducting an Analysis or Making a Certification under the (Health Affairs)/TRICARE Management Section 1.27 requires that the concern Regulatory Flexibility Act for Patent- Activity qualify as a small business concern as Related Regulations: The Regulatory defined in § 1.9(d). Section 1.9(d) defines a AGENCY: Department of Defense. Flexibility Act permits an agency head small business concern by incorporating 13 ACTION: Notice of a TRICARE to establish, for purposes of Regulatory CFR 121.3–18, which in turn defines a small demonstration project for the State of Flexibility Act analysis and business concern as one not exceeding a Alaska particular size ‘‘which has not assigned, certification, one or more definitions of

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SUMMARY: This notice is to advise Alaska’s population is just under complications; the second approach is interested parties of a Military Health 627,000. Of these, approximately 71,000 untenable in wartime, and as a practical System (MHS) demonstration project are Military Health System (MHS) matter medical practice in Alaska would entitled TRICARE Provider beneficiaries. More than half of these not provide sufficient opportunity for Reimbursement Demonstration Project beneficiaries reside in south-central military medical specialists to maintain for the State of Alaska. The delivery of Alaska in the State’s largest city— their skills. health care services in the State of Anchorage. Alaska’s military treatment Alaska represents a unique situation facilities (MTFs) meet a large percentage Under a recent policy change, that cannot be addressed fully by of Alaska’s beneficiary health care TRICARE limits its payment in cases strictly applying the same needs. Those remaining are referred to where Medicare providers ‘‘opt out’’ of reimbursement rules that apply to local civilian providers or to the lower Medicare and enter into private TRICARE programs in the other 49 48 states. Access to health care services contracts with Medicare patients. This states without some modification. in Alaska is often severely limited by may be problematic in Alaska, with the Typically, provider payments are the the overall dearth of providers, their very small number of providers same as under Medicare, unless the reluctance to accept TRICARE payment available. Department has taken specific action to rates, transportation issues, and other E. Description of Demonstration Project increase payment rates in response to a factors. In response TRICARE has taken particular, severe access problem in a steps to increase payment rates, as Under this demonstration, DoD will location. Under this demonstration, detailed below. waive, for services provided in the State payment rates for physicians and other B. Past Efforts to Address Access Issues of Alaska, the provisions of 10 U.S.C. non-institutional individual section 1079(h) that require TRICARE In 2000, TRICARE created a new professional providers in the State of payments for physicians and other Alaska will be set at a rate higher than payment locality encompassing all of Alaska except Anchorage, and increased individual professional, non- the Medicare rate. The demonstration institutional providers to be the same as project will test the effect of this change payment rates by 28 percent in the new under Medicare. Instead, TRICARE will on provider participation in TRICARE, locality. In 2004, pursuant to specific adopt a rate that is 1.35 times the beneficiary access to care, cost of health Congressional action, Medicare current TRICARE allowable rate. In care services, military medical increased its payment rates in Alaska by readiness, morale and welfare. In 50 percent, and TRICARE rates were addition, DoD will be the primary payer particular, the demonstration will test increased to match the new Medicare for services obtained from providers whether the increased costs of provider rates. The higher Medicare rates who have opted out of Medicare by payments are offset in whole or part by continued though the end of 2005, when Medicare-eligible uniformed services savings in travel costs, lost duty time, the special Congressional provision beneficiaries. and other factors. This demonstration expired; the Medicare rates reverted to This action will directly increase will be conducted under statutory former levels. TRICARE rates reverted to reimbursement levels for providers, and authority provided in 10 U.S.C. 1092. their former level, 28 percent higher is expected to result in increased access EFFECTIVE DATE: January 1, 2007. This than Medicare rates. to care for military beneficiaries; demonstration will remain in effect for C. Other Payers in Alaska reduced travel to Seattle, accompanied a period of 3 years. As noted, TRICARE payment rates in by a reduction in lost duty days; and ADDRESSES: TRICARE Management Alaska are 28 percent above Medicare improved morale for military members Activity (TMA), TRICARE Operations rates. It is estimated that commercial and families as a result of increased Directorate, 5111 Leesburg Pike, Suite rates in Alaska are about 70 percent access and reduced separation. 810, Falls Church, VA 22041–3206. above TRICARE rates. The Department F. Implementation FOR FURTHER INFORMATION CONTACT: of Veterans’ Affairs purchases some CAPT Cynthia DiLorenzo, Office of the health care services for Veterans in The demonstration will go into effect Assistant Secretary of Defense (Health Alaska, using a specially developed rate on January 1, 2007. Affairs)—TRICARE Management schedule. Most rates are higher than Activity, telephone (619) 236–5304. TRICARE rates, and a few are lower; on G. Evaluation SUPPLEMENTARY INFORMATION: average, the VA rates are approximately An independent evaluation of the 35 percent higher than TRICARE rates. A. Background demonstration will be conducted. The Alaska is a land of extremes and D. Current Status of Access evaluation will be designed to use a contradictions. It is the largest state in Large numbers of providers in Alaska combination of administrative and the United States, containing one-fifth are considering no longer treating survey measures of health care access to of all United States land, yet is one of military beneficiaries owing to low provide analyses and comment on the the least populated. It boasts both the payment rates. Over 70 providers or effectiveness of the demonstration in highest mountain in North America and provider groups in a wide range of meeting its goal of improving the longest coastline of any state. There specialties are of concern, some of them beneficiary access to health care by are just a few major roads providing the sole provider in Alaska for their maximizing the potential pool of health residents the ability to travel to the specialty. care providers in Alaska. major cities in the State. Other means of The alternatives to local purchase of Dated: November 14, 2006. transportation are by boat or plane. services for military officials are to which places severe hardships on transport patients to Seattle or another L. M. Bynum, beneficiaries attempting to access location for treatment, or to relocate Alternate OSD Federal Register Liaison needed health care services. It has scarce military medical assets to Alaska Officer, Department of Defense. geography characterized by harsh ice to provide services. The first is an [FR Doc. E6–19553 Filed 11–17–06; 8:45 am] islands and desert tundra. Alaska’s expensive proposition that brings with BILLING CODE 5001–06–P citizens are no less diverse. it considerable lost duty time and other

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DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT Ms. DEPARTMENT OF DEFENSE Linda Nelson, Contract Policy Division, GENERAL SERVICES GSA, (202) 501–1900. Office of the Secretary ADMINISTRATION SUPPLEMENTARY INFORMATION: Meeting of the Defense Policy Board Advisory Committee A. Purpose AGENCY: Department of Defense, Defense NATIONAL AERONAUTICS AND To protect the Government’s interest Policy Board Advisory Committee. SPACE ADMINISTRATION and to ensure timely delivery of items ACTION: Notice of closed meeting. [OMB Control No. 9000–0011] of the requisite quality, contracting officers, prior to award, must make an SUMMARY: The Defense Policy Board Federal Acquisition Regulation; affirmative determination that the Advisory Committee will meet in closed Information Collection; Preaward prospective contractor is responsible, session on December 14, 2006 from Survey Forms (Standard Forms 1403, i.e., capable of performing the contract. 0800 hrs until 1830 and December 15, 1404, 1405, 1406, 1407, and 1408) Before making such a determination, the 2006 from 0800 hrs until 1600 at the contracting officer must have in his Pentagon. The purpose of the meeting is AGENCIES: Department of Defense (DOD), possession or must obtain information to provide the Secretary of Defense, General Services Administration (GSA), sufficient to satisfy himself that the Deputy Secretary of Defense and Under and National Aeronautics and Space prospective contractor (i) has adequate Secretary of Defense for Policy with Administration (NASA). financial resources, or the ability to independent, informed advice on major ACTION: Notice of request for comments obtain such resources, (ii) is able to matters of defense policy. The Board regarding an extension to an existing comply with required delivery will hold classified discussions on OMB clearance (9000–0011). schedule, (iii) has a satisfactory record national security matters. SUMMARY: Under the provisions of the of performance, (iv) has a satisfactory In accordance with Section 10(d) of Paperwork Reduction Act of 1995 (44 record of integrity, and (v) is otherwise the Federal Advisory Committee Act, U.S.C. Chapter 35), the Federal qualified and eligible to receive an Public Law No. 92–463, as amended [5 Acquisition Regulation (FAR) award under appropriate laws and U.S.C. App II (1982)], it has been Secretariat will be submitting to the regulations. If such information is not in determined that this meeting concerns Office of Management and Budget the contracting officer’s possession, it is matters listed in 5 U.S.C. (OMB) a request to review and approve obtained through a preaward survey 552B(c)(1)(1982), and that accordingly an extension of a currently approved conducted by the contract this meeting will be closed to the information collection requirement administration office responsible for the public. concerning preaward survey forms plant and/or the geographic area in Dated: November 13, 2006. (Standard Forms 1403, 1404, 1405, which the plant is located. The C.R. Choate, 1406, 1407, and 1408.) A request for necessary data is collected by contract Alternate OSD Federal Register Liaison public comments was published in the administration personnel from available Officer, Department of Defense. Federal Register at 71 FR 38867, July data or through plant visits, phone calls, [FR Doc. 06–9271 Filed 11–17–06; 8:45 am] 10, 2006. No comments were received. and correspondence and entered on BILLING CODE 5001–06–M The clearance currently expires on Standard Forms 1403, 1404, 1405, 1406, January 31, 2007. 1407, and 1408 in detail commensurate Public comments are particularly with the dollar value and complexity of DEPARTMENT OF DEFENSE invited on: Whether this collection of the procurement. information is necessary for the proper Office of the Secretary performance of functions of the FAR, B. Annual Reporting Burden Meeting of the Defense Department and whether it will have practical Respondents: 5,478. utility; whether our estimate of the Advisory Committee on Women in the public burden of this collection of Responses Per Respondent: 1. Services (DACOWITS) information is accurate, and based on Total Responses: 5,478. AGENCY: Department of Defense. valid assumptions and methodology; Hours Per Response: 20.8. ACTION: ways to enhance the quality, utility, and Notice. Total Burden Hours: 113,942. clarity of the information to be SUMMARY: Pursuant to Section 10(a), collected; and ways in which we can OBTAINING COPIES OF Public Law 92–463, as amended, notice minimize the burden of the collection of PROPOSALS: Requesters may obtain a is hereby given of a forthcoming information on those who are to copy of the information collection meeting of the Defense Department respond, through the use of appropriate documents from the General Services Advisory Committee on Women in the technological collection techniques or Administration, Regulatory Secretariat Services (DACOWITS). The purpose of other forms of information technology. (VIR), Room 4035, Washington, DC the Committee meeting is to introduce DATES: Submit comments on or before 20405, telephone (202) 501–4755. Please new members and conduct orientation December 20, 2006. cite OMB Control Number 9000–0011, training. The meeting is open to the Preaward Survey Forms (Standard public, subject to the availability of ADDRESSES: Submit comments, Forms 1403, 1404, 1405, 1406, 1407, space. including suggestions for reducing this and 1408), in all correspondence. Interested persons may submit a burden to: FAR Desk Officer, OMB, Dated: November 13, 2006. written statement for consideration by Room 10102, NEOB, Washington, DC the Committee and make an oral 20503, and a copy to the General Ralph De Stefano, presentation of such. Persons desiring to Services Administration, FAR Director, Contract Policy Division. make an oral presentation or submit a Secretariat (VIR), 1800 F Street, NW, [FR Doc. 06–9268 Filed 11–17–06; 8:45 am] written statement to the Committee Room 4035, Washington, DC 20405. BILLING CODE 6820–EP–S must notify the point of contact listed

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below no later than 5 p.m., 27 review as required by the Paperwork Incarcerated Youth Offenders programs, November 2006. Oral presentations by Reduction Act of 1995. State Correctional Education Agencies members of the public will be permitted DATES: Interested persons are invited to (SCEA) must submit an application that only on Monday, 4 December 2006 from submit comments on or before includes a state plan describing how the 4:30 p.m. to 5 p.m. before the full December 20, 2006. program will operate. In addition, states Committee. Presentations will be ADDRESSES: Written comments should must also submit an Eligible Population limited to two minutes. Number of oral be addressed to the Office of Data Request Form is necessary to run presentations to be made will depend Information and Regulatory Affairs, the annual allocation formula and an on the number of requests received from Attention: Rachel Potter, Desk Officer, evaluation report. The latter two members of the public. Each person Department of Education, Office of collections must be submitted each of desiring to make an oral presentation Management and Budget, 725 17th the three grant years. must provide the point of contact listed Street, NW., Room 10222, New Requests for copies of the information below with one (1) copy of the Executive Office Building, Washington, collection submission for OMB review presentation by 5 p.m., 1 December DC 20503 or faxed to (202) 395–6974. may be accessed from http:// edicsweb.ed.gov, by selecting the 2006 and bring 35 copies of any material SUPPLEMENTARY INFORMATION: Section that is intended for distribution at the 3506 of the Paperwork Reduction Act of ‘‘Browse Pending Collections’’ link and meeting. Persons submitting a written 1995 (44 U.S.C. Chapter 35) requires by clicking on link number 3176. When statement must submit 35 copies of the that the Office of Management and you access the information collection, statement to the DACOWITS staff by 5 Budget (OMB) provide interested click on ‘‘Download Attachments’’ to p.m. on 1 December 2006. Federal agencies and the public an early view. Written requests for information DATES: 4 December 2006, 8:30 a.m.–5 opportunity to comment on information should be addressed to U.S. Department p.m.; and 5 December 2006, 8:30 a.m.– collection requests. OMB may amend or of Education, 400 Maryland Avenue, 5 p.m. waive the requirement for public SW., Potomac Center, 9th Floor, Location: Double Tree Hotel Crystal consultation to the extent that public Washington, DC 20202–4700. Requests City National Airport, 300 Army-,Navy participation in the approval process may also be electronically mailed to Drive, Arlington, VA 22202. would defeat the purpose of the [email protected] or faxed to 202– FOR FURTHER INFORMATION CONTACT: CPT information collection, violate State or 245–6623. Please specify the complete Arnalda Magloire, USA, DACOWITS, Federal law, or substantially interfere title of the information collection when 4000 Defense Pentagon, Room 2C548A, with any agency’s ability to perform its making your request. Washington, DC 20301–4000. statutory obligations. The IC Clearance Comments regarding burden and/or Telephone (703) 697–2122. Fax (703) Official, Regulatory Information the collection activity requirements 614–6233. Management Services, Office of should be electronically mailed to [email protected]. Individuals who SUPPLEMENTARY INFORMATION: Meeting Management, publishes that notice use a telecommunications device for the agenda. containing proposed information collection requests prior to submission deaf (TDD) may call the Federal Monday, 4 December 2006, 8:30 a.m.– of these requests to OMB. Each Information Relay Service (FIRS) at 1– 5 p.m. proposed information collection, 800–877–8339. Welcome & Administrative Remarks. grouped by office, contains the [FR Doc. E6–19579 Filed 11–17–06; 8:45 am] Navy Staff Judge Advocate Corps following: (1) Type of review requested, BILLING CODE 4000–01–P Presentation. e.g. new, revision, extension, existing or 2006 Report Review. reinstatement; (2) Title; (3) Summary of Public Forum. the collection; (4) Description of the DEPARTMENT OF EDUCATION need for, and proposed use of, the Tuesday, 5 December 2006, 8:30 a.m.– Submission for OMB Review; 5 p.m. information; (5) Respondents and frequency of collection; and (6) Comment Request 2007 Topic Development. Reporting and/or Recordkeeping Representatives of the Manpower and AGENCY: Department of Education. burden. OMB invites public comment. SUMMARY: Reserve Affairs Panel. The IC Clearance Official, Dated: November 14, 2006. Regulatory Information Management Note: Exact order may vary. Angela C. Arrington, Services, Office of Management invites comments on the submission for OMB Dated: November 13, 2006. IC Clearance Official, Regulatory Information Management Services, Office of Management. review as required by the Paperwork L.M. Bynum, Reduction Act of 1995. Office of Vocational and Adult Alternate OSD Federal Register Liaison DATES: Interested persons are invited to Education Officer, DoD. submit comments on or before [FR Doc. 06–9270 Filed 11–17–06; 8:45 am] Type of Review: Extension. December 20, 2006. BILLING CODE 5001–06–M Title: Grants to States for Training ADDRESSES: Written comments should Incarcerated Youth Offenders be addressed to the Office of Application, Annual Report, and Information and Regulatory Affairs, Eligible Population Data Request Form. DEPARTMENT OF EDUCATION Attention: Rachel Potter, Desk Officer, Frequency: Annually. Submission for OMB Review; Affected Public: State, Local, or Tribal Department of Education, Office of Comment Request Gov’t, SEAs or LEAs. Management and Budget, 725 17th Reporting and Recordkeeping Hour Street, NW., Room 10222, New AGENCY: Department of Education. Burden: Executive Office Building, Washington, SUMMARY: The IC Clearance Official, Responses: 56. DC 20503 or faxed to (202) 395–6974. Regulatory Information Management Burden Hours: 2,147. SUPPLEMENTARY INFORMATION: Section Services, Office of Management invites Abstract: To receive an award under 3506 of the Paperwork Reduction Act of comments on the submission for OMB the Grants to States for Training 1995 (44 U.S.C. Chapter 35) requires

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that the Office of Management and program officials to examine outcomes collection requests. OMB may amend or Budget (OMB) provide interested across multiple projects. The APR is a waive the requirement for public Federal agencies and the public an early revision of a currently OMB-approved consultation to the extent that public opportunity to comment on information annual performance report and reflects participation in the approval process collection requests. OMB may amend or program expansion and the would defeat the purpose of the waive the requirement for public consolidation of several monitoring information collection, violate State or consultation to the extent that public tools. Federal law, or substantially interfere participation in the approval process Requests for copies of the information with any agency’s ability to perform its would defeat the purpose of the collection submission for OMB review statutory obligations. The IC Clearance information collection, violate State or may be accessed from http:// Official, Regulatory Information Federal law, or substantially interfere edicsweb.ed.gov, by selecting the Management Services, Office of with any agency’s ability to perform its ‘‘Browse Pending Collections’’ link and Management, publishes that notice statutory obligations. The IC Clearance by clicking on link number 3173. When containing proposed information Official, Regulatory Information you access the information collection, collection requests prior to submission Management Services, Office of click on ‘‘Download Attachments’’ to of these requests to OMB. Each Management, publishes that notice view. Written requests for information proposed information collection, containing proposed information should be addressed to U.S. Department grouped by office, contains the collection requests prior to submission of Education, 400 Maryland Avenue, following: (1) Type of review requested, of these requests to OMB. Each SW., Potomac Center, 9th Floor, e.g. new, revision, extension, existing or proposed information collection, Washington, DC 20202–4700. Requests reinstatement; (2) Title; (3) Summary of grouped by office, contains the may also be electronically mailed to the collection; (4) Description of the following: (1) Type of review requested, [email protected] or faxed to 202– need for, and proposed use of, the e.g. new, revision, extension, existing or 245–6623. Please specify the complete information; (5) Respondents and reinstatement; (2) Title; (3) Summary of title of the information collection when frequency of collection; and (6) the collection; (4) Description of the making your request. Reporting and/or Recordkeeping need for, and proposed use of, the Comments regarding burden and/or burden. OMB invites public comment. information; (5) Respondents and the collection activity requirements Dated: November 14, 2006. should be electronically mailed to frequency of collection; and (6) Angela C. Arrington, Reporting and/or Recordkeeping [email protected]. Individuals who use a telecommunications device for the IC Clearance Official, Regulatory Information burden. OMB invites public comment. Management Services, Office of Management. Dated: November 14, 2006. deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– Office of Safe and Drug Free Schools Angela C. Arrington, 800–877–8339. IC Clearance Official, Regulatory Information Type of Review: Extension. Management Services, Office of Management. [FR Doc. E6–19580 Filed 11–17–06; 8:45 am] Title: Gun-Free Schools Act Report. BILLING CODE 4000–01–P Frequency: Annually. Office of Elementary and Secondary Affected Public: State, Local, or Tribal Education Gov’t, SEAs or LEAs. Type of Review: Revision. DEPARTMENT OF EDUCATION Reporting and Recordkeeping Hour Title: Mathematics and Science Burden: Partnerships Program: Annual Submission for OMB Review; Responses: 7,221. Burden Hours: Performance Report. Comment Request 14,756. Frequency: Annually. Abstract: The Gun-Free Schools Act AGENCY: Department of Education. Affected Public: State, Local, or Tribal (GFSA) requires each State to provide SUMMARY: The IC Clearance Official, Gov’t, SEAs or LEAs; Businesses or Regulatory Information Management annual reports to the Secretary other for-profit; Not-for-profit Services, Office of Management invites concerning implementation of the Act’s institutions; Federal Government. comments on the submission for OMB requirements regarding expulsions from Reporting and Recordkeeping Hour review as required by the Paperwork schools resulting from firearms Burden: Reduction Act of 1995. violations. The GFSA requires each Responses: 600. State receiving ESEA funds to have in Burden Hours: 6,650. DATES: Interested persons are invited to effect a State law requiring LEAs to Abstract: The Mathematics and submit comments on or before expel from school for a period of not Science Partnerships program is a December 20, 2006. less than one year a student found to formula grant program to the States in ADDRESSES: Written comments should have brought a firearm to school or to which states make competitive awards be addressed to the Office of have possessed a firearm at school. The to projects. The authorizing legislation, Information and Regulatory Affairs, GFSA also requires LEAs that receive Title II, Part B, Section 2202(f) of the Attention: Rachel Potter, Desk Officer, ESEA funds to adopt a policy requiring Elementary and Secondary Education Department of Education, Office of referral to the criminal justice or Act of 1965 as amended by the No Child Management and Budget, 725 17th juvenile delinquency system of any Left Behind Act of 2001, requires all Street, NW., Room 10222, New student who brings a firearm to school locally funded projects to report Executive Office Building, Washington, or possesses a firearm at school. annually to the Secretary documenting DC 20503 or faxed to (202) 395–6974. Requests for copies of the information progress towards goals and objectives. SUPPLEMENTARY INFORMATION: Section collection submission for OMB review The Annual Performance Report (APR), 3506 of the Paperwork Reduction Act of may be accessed from http:// an online reporting tool, will provide 1995 (44 U.S.C. Chapter 35) requires edicsweb.ed.gov, by selecting the projects an opportunity to describe that the Office of Management and ‘‘Browse Pending Collections’’ link and partnerships, report on the impact of the Budget (OMB) provide interested by clicking on link number 3181. When projects, share effective professional Federal agencies and the public an early you access the information collection, development strategies, and help ED opportunity to comment on information click on ‘‘Download Attachments’’ to

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view. Written requests for information defined in resolutions passed at to the contact person indicated above, or should be addressed to U.S. Department previous Technical Guideline to [email protected]. of Education, 400 Maryland Avenue, Development Committee meetings. Thomas R. Wilkey, SW., Potomac Center, 9th Floor, SUPPLEMENTARY INFORMATION: Washington, DC 20202–4700. Requests The Executive Director, U.S. Election Assistance Commission. may also be electronically mailed to Technical Guidelines Department [email protected] or faxed to 202– Committee (the ‘‘Development [FR Doc. 06–9310 Filed 11–16–06; 11:51 am] 245–6623. Please specify the complete Committee’’) has scheduled a plenary BILLING CODE 6820–KF–M title of the information collection when meeting for December 4th & 5th, 2006. making your request. The Committee was established ELECTION ASSISTANCE COMMISSION Comments regarding burden and/or pursuant to 42 U.S.C. 15361, to act in the public interest to assist the the collection activity requirements Sunshine Act Notice should be electronically mailed to Executive Director of the Election [email protected]. Individuals who Assistance Commission in the AGENCY: United States Election use a telecommunications device for the development of the voluntary voting Assistance Commission. deaf (TDD) may call the Federal system guidelines. The Technical ACTION: Notice of public meeting. Information Relay Service (FIRS) at 1– Guidelines Development Committee 800–877–8339. held their first plenary meeting on July DATE AND TIME: Thursday, December 7, 9, 2004. At this meeting, the 2006, 10 a.m.–3p.m. [FR Doc. E6–19581 Filed 11–17–06; 8:45 am] Development Committee agreed to a PLACE: U.S. Election Assistance BILLING CODE 4000–01–P resolution forming three working Commission, 1225 New York Ave, NW., groups: (1) Human Factors & Privacy; (2) Suite 150, Washington, DC 20005. Security & Transparency; and (3) Core (Metro Stop: Metro Center). ELECTION ASSISTANCE COMMISSION Requirements & Testing to gather AGENDA: The Commission will receive Sunshine Act Notice information and public input on presentations on public comments relevant issues. The information received for the DRAFT Procedural AGENCY: United States Election gathered by the working groups was Manual for Voting System Testing and Assistance Commission. analyzed at the second meeting of the Certification Program and the proposed ACTION: Notice of public meeting for the Development Committee January 18 & final document will be considered for Technical Guidelines Development 19, 2005. Resolutions were debated and approval. The Commission will receive Committee. adopted by the TGDC at the January presentations from election officials, plenary session. The resolutions defined community interest groups, DATE AND TIME: Monday, December 4, technical work tasks for NIST that will academicians and technology experts 2006, 9 a.m. to 5:30 p.m. EST. Tuesday, assist the TGDC in developing regarding the 2006 election. The December 5, 2006, 8:30 a.m. to 2 p.m. recommendations for voluntary voting Commission will elect officers for 2007 EST. system guidelines. At the March 9, 2005 and consider other administrative PLACE: National Institute of Standards meeting, NIST scientists presented matters. and Technology, 100 Bureau Drive, preliminary reports on technical work This meeting will be open to the Building 101, Green Auditorium, tasks defined in resolutions adopted at public. Gaithersburg, Maryland 20899–8900. the January plenary meeting and FOR FURTHER INFORMATION CONTACT: STATUS: This meeting will be open to the adopted one additional resolution. The Bryan Whitener, Telephone: (202) 566– public. There is no fee to attend, but, Development Committee approved 3100. due to security requirements, advance initial recommendations for voluntary Thomas R. Wilkey, registration is required. Registration voting system guidelines at the April information will be available at http:// 20th & 21st, 2005 meeting. The Executive Director, U.S. Election Assistance Commission. www.vote.nist.gov by November 4, 2006. Development Committee began [FR Doc. 06–9311 Filed 11–16–06; 11:51 am] SUMMARY: The Technical Guidelines consideration of future Development Committee (the recommendations for voluntary voting BILLING CODE 6820–KF–M ‘‘Development Committee’’) has system guidelines at the September 29, scheduled a plenary meeting for 2005 meeting. At the March 29th, 2006 December 4th & 5th, 2006. The meeting, the Development Committee DEPARTMENT OF ENERGY Committee was established to act in the approved draft technical guidance Change in Scoping Meeting Schedule public interest to assist the Executive documents that will form the bases for Director of the U.S. Election Assistance for the Supplement to the Stockpile recommendations for future voluntary Stewardship and Management Commission (EAC) in the development voting system guidelines and passed an of voluntary voting system guidelines. Programmatic Environmental Impact additional resolution. The Committee Statement—Complex 2030 The Development Committee held will review additional technical previous meetings on July 9, 2004; guidance documents for AGENCY: National Nuclear Security January 18 and 19, 2005; March 9, 2005; recommendations for future voluntary Administration, Department of Energy. April 20 and 21, 2005; September 29, voting system guidelines at the ACTION: Notice of Change in Scoping 2005 and March 29, 2006. The purpose December 4th & 5th, 2006 meeting. Meeting Schedule. of the seventh meeting of the Development Committee will be to CONTACT INFORMATION: Allan Eustis 301– SUMMARY: On October 19, 2006, NNSA review and approve draft documents 975–5099. If a member of the public published a Notice of Intent (NOI) to that will form the bases for would like to submit written comments Prepare a Supplement to the Stockpile recommendations for future voluntary concerning the Committee’s affairs at Stewardship and Management voting system guidelines to the EAC. any time before or after the meeting, Programmatic Environmental Impact The draft documents respond to tasks written comments should be addressed Statement—Complex 2030 (Complex

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2030 Supplemental PEIS; DOE/EIS– ENVIRONMENTAL PROTECTION For technical information contact: 0236–S4; 71 FR 61731). NNSA has AGENCY Pam Buster, Environmental Assistance Division (7408M), Office of Pollution changed the location of the public [EPA–HQ–OPPT–2006–0929; FRL–8103–1] scoping meeting scheduled for Los Prevention and Toxics, Environmental Alamos, New Mexico, and has extended Forum on State and Tribal Toxics Protection Agency, 1200 Pennsylvania the time for the public scoping meeting Action; Notice of Public Meeting Ave., NW., Washington, DC 20460– scheduled for Livermore, California. 0001; telephone number: (202) 564– AGENCY: Environmental Protection 8817; fax number: (202) 564–8813; e- DATES: The NOI identified the Mesa Agency (EPA). mail address: [email protected]. Public Library as the location of the ACTION: Notice. SUPPLEMENTARY INFORMATION: public scoping meeting in Los Alamos, New Mexico. NNSA will instead hold SUMMARY: EPA is announcing the I. General Information the meeting at the Hilltop House Best meeting of the Forum on State and A. Does this Action Apply to Me? Tribal Toxics Action (FOSTTA) to Western, 400 Trinity Drive, Los Alamos, This action is directed to the public New Mexico. The meeting date and enable state and tribal leaders to collaborate with EPA on environmental in general. This action may, however, be time, which are unchanged, are of interest to all parties interested in December 6, 2006, 10:30 a.m.–2:30 p.m. protection and pollution prevention issues. Representatives and invited FOSTTA and in hearing more about the The NOI listed the time of the meeting guests of the Chemical Information and perspectives of the States on EPA on December 12, 2006, in Livermore, Management Project (CIMP), the programs and the information exchange California, as 11 a.m.–3 p.m. NNSA has Pollution Prevention (P2) Project, and regarding important issues related to extended the public comment portion of the Tribal Affairs Project (TAP), human health and environmental the meeting until 10 p.m. The meeting components of FOSTTA, will be exposure to toxics. Since other entities starting time of 11 a.m. is unchanged, meeting December 11, 2006. The may also be interested, the Agency has and the meeting location is unchanged: meeting is being held to provide not attempted to describe all the specific Robert Livermore Community Center, participants an opportunity to have in- entities that may be affected by this 4444 East Avenue, Livermore, depth discussions on issues concerning action. However, in the interest of time California. the environment and human health. and efficiency, the meetings are This notice announces the location and structured to provide maximum NNSA is not changing the location or opportunity for State and EPA schedule for any other public scoping times for the meeting and sets forth some tentative agenda topics. EPA participants to discuss items on the meeting announced in the NOI. This predetermined agenda. At the discretion includes the meeting in Tracy, invites all interested parties to attend the public meeting. of the chair, an effort will be made to California, which still will be held on accommodate participation by observers DATES: December 12, 2006, from 6 p.m.–10 p.m. The meeting will be held on attending the proceedings. If you have at the Tracy Community Center, 950 December 11, 2006, from 8 a.m. to 5 any questions regarding the East Street. p.m. applicability of this action to a Requests to participate in the meeting, particular entity, consult the people FOR FURTHER INFORMATION CONTACT: identified by docket identification (ID) listed under FOR FURTHER INFORMATION Please direct questions regarding these number EPA–HQ–OPPT–2006–0929 CONTACT. changes to Mr. Theodore A. Wyka, must be received on or before December Complex 2030 Supplemental PEIS 7, 2006. B. How Can I Get Copies of this Document Manager, Office of To request accommodation of a Document and Other Related Transformation, National Nuclear disability, please contact the technical Information? Security Administration (NA–10.1), U.S. contact person listed under FOR FURTHER 1. Docket. EPA has established a Department of Energy, 1000 INFORMATON CONTACT, preferably at least docket for this action under docket ID Independence Avenue, SW., 10 days prior to the meeting, to give number EPA–HQ–OPPT–2006–0929. Washington, DC 20585. Questions also EPA as much time as possible to process Publicly available docket materials are may be telephoned, toll free, to 1–800– your request. available electronically at http:// 832–0885 (ext. 63519) or e-mailed to ADDRESSES: The meeting will be held at www.regulations.gov or, if only [email protected]. Written the Radisson Hotel & Suites Austin, 111 available in hard copy, at the OPPT comments on the scope of the Complex E. Cesar Chavez St., Austin, TX 78701, Docket in the EPA Docket Center (EPA/ 2030 Supplemental PEIS or requests to telephone number: (800) 333–3333, fax DC). The EPA/DC suffered structural be placed on the document distribution number: (512) 473–8399. damage due to flooding in June 2006. Requests to participate in the meeting, list can be sent to the Document Although the EPA/DC is continuing identified by docket ID number HQ– Manager. Additional information operations, there will be temporary OPPT–2006–0929, may be submitted to regarding Complex 2030 is available at changes to the EPA/DC during the the technical person listed under FOR http://Complex2030PEIS.com. clean-up. The EPA/DC Public Reading FURTHER INFORMATION CONTACT. Room, which was temporarily closed Issued in Washington, DC, on November FOR FURTHER INFORMATION CONTACT: For due to flooding, has been relocated in 14, 2006. general information contact: Colby the EPA Headquarters Library, Infoterra Thomas P. D’Agostino, Lintner, Regulatory Coordinator, Room (Room Number 3334) in the EPA Deputy Administrator for Defense Programs, Environmental Assistance Division West Building, located at 1301 National Nuclear Security Administration. (7408M), Office of Pollution Prevention Constitution Ave., NW., Washington, [FR Doc. E6–19590 Filed 11–17–06; 8:45 am] and Toxics, Environmental Protection DC. The EPA/DC Public Reading Room BILLING CODE 6450–01–P Agency, 1200 Pennsylvania Ave., NW., is open from 8:30 a.m. to 4:30 p.m., Washington, DC 20460–0001; telephone Monday through Friday, excluding legal number: (202) 554–1404; e-mail address: holidays. The telephone number for the [email protected]. EPA/DC Public Reading Room is (202)

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566–1744, and the telephone number for pollution prevention issues, and to ENVIRONMENTAL PROTECTION the OPPT Docket Center is (202) 566– continue a dialogue on how federal AGENCY 0280. Visitors to EPA are required to environmental programs can best be [FRL–8244–1; EPA–HQ–Docket ID No. EPA– show photographic identification and implemented among the states, tribes, ORD–2006–0939] sign the EPA visitor log. Visitors to the and EPA. EPA/DC Public Reading Room will be Draft Toxicological Reviews of provided with an EPA/DC badge that III. How Can I Request to Participate in Cyanobacterial Toxins: Anatoxin-a, must be visible at all times while in the this Meeting? Cylindrospermopsin and Microcystins EPA Building and returned to the guard LR, RR, YR and LA upon departure. In addition, security You may submit a request to personnel will escort visitors to and participate in this meeting to the AGENCY: Environmental Protection from the new EPA/DC Public Reading technical person listed under FOR Agency. Room location. Up-to-date information FURTHER INFORMATION CONTACT. Do not ACTION: Notice of public comment about the EPA/DC is on the EPA web submit any information in your request period and external peer-review panel site at http://www.epa.gov/epahome/ that is considered CBI. Requests to meeting. dockets.htm. participate in the meeting, identified by 2. Electronic access. You may access docket ID number EPA–HQ–OPPT– SUMMARY: The U.S. Environmental this Federal Register document 2006–0929, must be received on or Protection Agency (EPA) is announcing a forty-five day public comment period electronically through the EPA Internet before December 7, 2006. under the ‘‘Federal Register’’ listings at and an external peer-review panel http://www.epa.gov/fedrgstr. IV. The Meeting meeting to review the external review draft documents entitled, ‘‘Toxicological II. Background In the interest of time and efficiency, Reviews of Cyanobacterial Toxins: The Toxic Substances Control Act the meetings are structured to provide Anatoxin-a, Cylindrospermopsin and (TSCA), 15 U.S.C. 2609 section 10(g), maximum opportunity for state, tribal, Microcystins LR, RR, YR and LA’’ authorizes EPA and other Federal and EPA participants to discuss items (NCEA–C–1743, NCEA–C–1763 and agencies to establish and coordinate a on the predetermined agenda. At the NCEA–C–1765). Cyanobacteria, system for exchange among Federal, discretion of the chair, an effort will be commonly referred to as blue-green state, and local authorities of research made to accommodate participation by algae, are found in freshwater, estuarine and development results respecting observers attending the proceedings. and marine environments. toxic chemical substances and mixtures, The FOSTTA representatives and EPA Cyanobacteria, other freshwater algae, including a system to facilitate and will discuss collaboration on all and their toxins are included as promote the development of standard environmental protection and pollution microbial contaminants on EPA’s Office data format and analysis and consistent prevention issues. The states and the of Water (OW) Contaminant Candidate testing procedures. Through FOSTTA, tribes identified the following tentative List (CCL). These draft assessments discuss potential human health effects the CIMP focuses on EPA’s chemical agenda items: program and works to develop a more of exposure to these cyanobacterial coordinated effort involving Federal, 1. Summary of selected presentations toxins for four durations—acute, short- state, and tribal agencies. P2 promotes to be made at the Conference on term, subchronic and chronic— the prevention ethic across society, Characterizing Chemicals in Commerce: focusing on noncancer effects due to helping to integrate P2 into mainstream Using Data on High Production Volume oral exposure. environmental activities at the Federal (HPV) Chemicals, which is taking place The public comment period and the level and among the states and tribes. December 12–14, 2006; see http:// external peer review are separate TAP concentrates on chemical and www.NEWMOA.org/hpv for more processes that provide opportunities for prevention issues that are most relevant information. all interested parties to comment on these documents. These documents to the tribes, including lead control and 2. P2 Program Assessment Rating Tool were prepared by EPA’s National Center abatement, tribal traditional/subsistence (PART) Review. life ways, and hazard communications for Environmental Assessment (NCEA) and outreach. FOSTTA’s vision is to 3. P2 integration across EPA. within EPA’s Office of Research and focus on major policy-level issues of 4. Prioritization of OPPTS work Development. EPA will use comments importance to states and tribes, recruit activities under the OPPTS Tribal and recommendations from the public more senior state and tribal leaders, Strategy. and the expert panel meeting to finalize increase outreach to all 50 states and the draft documents. EPA is releasing some 560 Federally recognized tribes, List of Subjects these draft documents solely for the purpose of pre-dissemination peer and vigorously seek ways to engage the Environmental protection. states and tribes in ongoing substantive review under applicable information discussions on complex and oftentimes Dated: November 14, 2006. quality guidelines. These documents have not been formally disseminated by controversial environmental issues. Barbara A. Cunningham, The Environmental Council of the EPA. They do not represent and should Director, Environmental Assistance Division, States (ECOS), in partnership with the not be construed to represent any Office of Pollution Prevention and Toxics. National Tribal Environmental Council Agency policy or determination. (NTEC) and EPA’s Office of Pollution [FR Doc. 06–9274 Filed 11–16–06; 11:42 am] DATES: The public comment period will Prevention and Toxics (OPPT), are co- BILLING CODE 6560–50–S begin on November 20, 2006 and sponsoring the meetings. As part of a continue until January 4, 2007. The cooperative agreement, ECOS and NTEC public may submit comments via facilitate ongoing efforts of the state and Regulations.gov (see SUPPLEMENTARY tribal leaders and OPPT to increase INFORMATION below). The peer-review understanding and improve panel meeting will begin on January 10, collaboration on toxic chemicals and 2007, at 9 a.m. and will end at 5 p.m.

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The public may attend the peer-review 15, 2006; telephone: (781) 674–7374 or number for the Public Reading Room is panel meeting and are invited to toll free at (800) 803–2833; facsimile: (202) 566–1744. Such deliveries are provide oral statements at the (781) 674–2906; or e-mail: only accepted during the Docket’s commencement of the meeting (for more [email protected]. normal hours of operation, and special information refer to the instructions for If you have questions about the draft arrangements should be made for registration below). documents, contact Belinda Hawkins, deliveries of boxed information. ADDRESSES: Eastern Research Group, National Center for Environmental If you provide comments in hard Inc., an EPA contractor for external Assessment, 26 W. Martin Luther King copy, please submit one unbound scientific peer review, will convene an Drive (A–110), Cincinnati, OH; original with pages numbered independent panel of experts and telephone: (513) 569–7523; facsimile: consecutively, and three copies of the organize and conduct an external peer- (513) 487–2542; e-mail: comments. For attachments, provide an review panel meeting to review these [email protected]. index, number pages consecutively with the comments, and submit an unbound draft documents. The external peer- SUPPLEMENTARY INFORMATION: EPA has original and three copies. review panel meeting will be held at established an official public docket for EPA’s Andrew W. Breidenbach Instructions: Direct your comments to this action under docket ID number Docket ID No. EPA–HQ–ORD–2006– Environmental Research Center EPA–HQ–ORD–2006–0939. The official (AWBERC) located at 26 W. Martin 0939. Please ensure that your comments public docket consists of the documents are submitted within the specified Luther King Drive, Cincinnati, OH. referenced in this notice and a list of Observers may attend the peer review comment period. Comments received charge questions that have been after the closing date will be marked meeting by filling out the form found on submitted to the external peer ‘‘late,’’ and may only be considered if the Web site, https://www2.ergweb.com/ reviewers. All documents are available time permits. It is EPA’s policy to projects/conferences/ncea/toxin.htm, by on the Internet at http:// include all comments it receives in the calling Eastern Research Group, Inc.’s www.regulations.gov by using the search public docket without change and to conference line between the hours of 9 function and corresponding docket make the comments available online at a.m. and 5:30 p.m. EST at (781) 674– identification number. http://www.regulations.gov, including 7374 or toll free at (800) 803–2833, or any personal information provided, by faxing a registration request to (781) How to Submit Technical Comments to unless a comment includes information 674–2906 (include full address and the Docket at http:// www.regulations.gov claimed to be Confidential Business contact information). Pre-registration Information (CBI) or other information will begin December 15, 2006. Pre- Note: The EPA Docket Center suffered whose disclosure is restricted by statute. registration is strongly recommended as damage due to flooding during the last week Do not submit information that you space is limited, and registrations will of June 2006. The Docket Center is consider to be CBI or otherwise be accepted on a first-come, first-served continuing to operate. However, during the protected through http:// basis. The deadline for online pre- cleanup, there will be temporary changes to www.regulations.gov or e-mail. The registration is January 3, 2007. Docket Center telephone numbers, addresses, http://www.regulations.gov Web site is and hours of operation for people who wish Telephone and fax registrations will an ‘‘anonymous access’’ system, which continue to be accepted after this date, to make hand deliveries or visit the Public Reading Room to view documents. Consult means EPA will not know your identity as will on-site registration, if space or contact information unless you allows. Public comments submitted to EPA’s Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at http:// provide it in the body of your comment. Regulations.gov by December 29, 2006, www.epa.gov/epahome/dockets.htm for If you send an e-mail comment directly will be provided to the external peer current information on docket operations, to EPA without going through http:// review panel prior to the meeting. locations and telephone numbers. The www.regulations.gov, your e-mail The draft ‘‘Toxicological Reviews of Docket Center’s mailing address for U.S. mail address will be automatically captured Cyanobacterial Toxins: Anatoxin-a, and the procedure for submitting comments and included as part of the comment Cylindrospermopsin and Microcystins to http://www.regulations.gov are not affected that is placed in the public docket and by the flooding and will remain the same. LR, RR, YR and LA’’ are available made available on the Internet. If you primarily via the Internet on the Submit your comments, identified by submit an electronic comment, EPA National Center for Environmental Docket ID No. EPA–HQ–ORD–2006– recommends that you include your Assessment’s home page under the 0939 by one of the following methods: name and other contact information in Recent Additions and the Data and • http://www.regulations.gov: Follow the body of your comment and with any Publications menus at http:// the on-line instructions for submitting disk or CD–ROM you submit. If EPA www.epa.gov/ncea. A limited number of comments. cannot read your comment due to paper copies are available from the • E-mail: ORD [email protected]. technical difficulties and cannot contact Technical Information Staff (TIS) at • Fax: (202) 566–1753. you for clarification, EPA may not be NCEA’s Cincinnati office; telephone: • Mail: Office of Environmental able to consider your comment. (513) 569–7257; facsimile: (513) 569– Information (OEI) Docket (Mail Code: Electronic files should avoid the use of 7916. If you are requesting a paper copy, 2822T), U.S. Environmental Protection special characters, any form of please provide your name, mailing Agency, 1200 Pennsylvania Ave., NW., encryption, and be free of any defects or address, and title of these documents. Washington, DC 20460. The phone viruses. For additional information Copies are not available from Eastern number is (202) 566–1752. about EPA’s public docket visit the EPA Research Group, Inc. • Hand Delivery: The OEI Docket is Docket Center homepage at http:// FOR FURTHER INFORMATION CONTACT: located in the EPA Headquarters Docket www.epa.gov/epahome/dockets.htm. Questions regarding information about, Center, EPA West Building, 1301 Docket: All documents in the docket registration, and logistics for the Constitution Ave., NW., Washington, are listed in the http:// external peer review workshop should DC. The EPA Docket Center Public www.regulations.gov index. Although be directed to Eastern Research Group, Reading Room is open from 8:30 a.m. to listed in the index, some information is Inc., 110 Hartwell Avenue, Lexington, 4:30 p.m., Monday through Friday, not publicly available, e.g., CBI or other MA 02421–3136 beginning December excluding legal holidays. The telephone information whose disclosure is

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restricted by statute. Certain other • Federal eRulemaking Portal: http:// copyrighted material, will be publicly material, such as copyrighted material, www.regulations.gov. Follow the on-line available only in hard copy. Publicly will be publicly available only in hard instructions for submitting comments. available docket materials are available copy. Publicly available docket • Mail: Document Control Office electronically at http:// materials are available either (7407M), Office of Pollution Prevention www.regulations.gov, or, if only electronically in http:// and Toxics (OPPT), Environmental available in hard copy, at the OPPT www.regulations.gov or in hard copy at Protection Agency, 1200 Pennsylvania Docket, EPA Docket Center (EPA/DC). the OEI Docket in the EPA Headquarters Ave., NW., Washington, DC 20460– The EPA/DC suffered structural damage Docket Center. 0001. due to flooding in June 2006. Although • Hand Delivery: OPPT Document the EPA/DC is continuing operations, Dated: November 13, 2006. Control Office (DCO), EPA East, Rm. Peter W. Preuss, there will be temporary changes to the 6428, 1201 Constitution Ave., NW., EPA/DC during the clean-up. The EPA/ Director, National Center for Environmental Washington, DC. Attention: Docket ID Assessment. DC Public Reading Room, which was Number EPA–HQ–OPPT–2006–0341. temporarily closed due to flooding, has [FR Doc. E6–19558 Filed 11–17–06; 8:45 am] The DCO is open from 8 a.m. to 4 p.m., been relocated in the EPA Headquarters BILLING CODE 6560–50–P Monday through Friday, excluding legal Library, Infoterra Room (Room Number holidays. The telephone number for the 3334) in EPA West, located at 1301 DCO is (202) 564–8930. Such deliveries Constitution Ave., NW., Washington, ENVIRONMENTAL PROTECTION are only accepted during the DCO’s AGENCY DC. The EPA/DC Public Reading Room normal hours of operation, and special is open from 8:30 a.m. to 4:30 p.m., arrangements should be made for [EPA–HQ–OPPT–2006–0341; FRL–8057–1] Monday through Friday, excluding legal deliveries of boxed information. holidays. The telephone number of the Instructions: Direct your comments to Implementation of the Pilot Voluntary EPA/DC Public Reading Room is (202) docket ID number EPA–HQ–OPPT– Children’s Chemical Evaluation 566–1744, and the telephone number for 2006–0341. EPA’s policy is that all Program; Request for Comment the OPPT Docket is (202) 566–0280. comments received will be included in EPA visitors are required to show the public docket without change and AGENCY: Environmental Protection photographic identification and sign the may be made available on-line at http:// Agency (EPA). EPA visitor log. Visitors to the EPA/DC www.regulations.gov, including any ACTION: Notice. Public Reading Room will be provided personal information provided, unless with an EPA/DC badge that must be the comment includes information SUMMARY: EPA is requesting comment visible at all times while in the EPA claimed to be Confidential Business on the implementation of the pilot Building and returned to the guard upon Information (CBI) or other information phase of the Voluntary Children’s departure. In addition, security whose disclosure is restricted by statute. Chemical Evaluation Program (VCCEP). personnel will escort visitors to and Do not submit information that you VCCEP was designed to collect health from the new EPA/DC Public Reading effects, exposure, and risk information consider to be CBI or otherwise protected through regulations.gov or e- Room location. Up-to-date information on chemicals to which children are about the EPA/DC is on the EPA website likely to be exposed, and to make that mail. The regulations.gov website is an ‘‘anonymous access’’ system, which at http://www.epa.gov/epahome/ information available to the public so dockets.htm. the public may better understand the means EPA will not know your identity or contact information unless you To request a public meeting: Submit potential health risks to children your request, identified by docket ID associated with certain chemical provide it in the body of your comment. If you send an e-mail comment directly number EPA–HQ–OPPT–2006–0341, to exposures. EPA announced the program Catherine Roman by one of the in December 2000 and the pilot began to EPA without going through regulations.gov, your e-mail address following methods: in 2001 when companies volunteered to • E-mail address: sponsor their chemicals under VCCEP. will be automatically captured and included as part of the comment that is [email protected]. At what is approximately the midpoint • Mail: Chemical Control Division in the implementation of the pilot phase placed in the public docket and made available on the Internet. If you submit (7405M), Office Pollution Prevention of VCCEP, EPA is preparing to evaluate and Toxics, Environmental Protection how well it is meeting its objectives for an electronic comment, EPA recommends that you include your Agency, 1200 Pennsylvania Ave., NW., VCCEP. To this end, EPA is seeking Washington, DC 20460–0001, ATTN: comments from participants and name and other contact information in the body of your comment and with any Catherine Roman. observers about the operations and • Hand Delivery: 1201 Constitution experience under the VCCEP pilot to disk or CD ROM you submit. If EPA cannot read your comment due to Ave., NW., Washington, DC, EPA East, this point. If requested, EPA will hold ATTN: Catherine Roman. Ask the a public meeting to take comment on technical difficulties and cannot contact you for clarification, EPA may not be reception desk to call (202) 564–4780. the implementation of the pilot phase of Such deliveries should be made during VCCEP. able to consider your comment. Electronic files should avoid the use of normal working hours, 8 a.m. to 4 p.m., DATES: Comments must be received on special characters, any form of Monday through Friday, excluding legal or before January 19, 2007. encryption, and be free of any defects or holidays. Requests for a public meeting must be viruses. FOR FURTHER INFORMATION CONTACT: For received on or before December 11, Docket: All documents in the docket general information contact: Colby 2006. are listed in the regulations.gov index. Lintner, Regulatory Coordinator, ADDRESSES: To submit comments: Although listed in the index, some Environmental Assistance Division Submit your comments, identified by information is not publicly available, (7408M), Office of Pollution Prevention docket identification (ID) number EPA– e.g., CBI or other information whose and Toxics, Environmental Protection HQ–OPPT–2006–0341, by one of the disclosure is restricted by statute. Agency, 1200 Pennsylvania Ave., NW., following methods. Certain other material, such as Washington, DC 20460–0001; telephone

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number: (202) 554–1404; e-mail address: iii. Explain why you agree or disagree; Chemicals for the Voluntary Children’s [email protected]. suggest alternatives and substitute Chemical Evaluation Program (VCCEP) For technical information contact: language for your requested changes. Pilot (Ref. 2). Catherine Roman, Chemical Control iv. Describe any assumptions and The requested commitment for the Division (7405M), Office Pollution provide any technical information and/ VCCEP pilot was for Tier 1 information, Prevention and Toxics, Environmental or data that you used. with the potential for EPA to request Protection Agency, 1200 Pennsylvania v. If you estimate potential costs or participants to make additional Ave., NW., Washington, DC 20460– burdens, explain how you arrived at the commitments to Tier 2 and Tier 3 0001; telephone number: (202) 564– estimate. information based on an evaluation of 4780; e-mail address: vi. Provide specific examples to the Tier 1 submission. As part of their [email protected]. illustrate your concerns, and suggested Tier 1 commitments, sponsors were asked to include an expected SUPPLEMENTARY INFORMATION: alternatives. vii. Explain your views as clearly as submission date that, as described in the I. General Information possible, avoiding the use of profanity December 2000 notice, is based on the amount of time EPA considered A. Does this Action Apply to Me? or personal threats. viii. Make sure to submit your necessary to gather the information (or This action is directed to the public comments by the comment period perform testing, if necessary) and in general. This action may, however, be deadline identified. prepare the assessments. Other guidance of particular interest to those chemical on timeliness provided in the December manufacturers (including importers) II. Background 2000 notice included the following: who produce or import chemical A. What Action is the Agency Taking? • Within 6 months from the substances that are subject to the Toxic publication of the December 2000 notice Substances Control Act (TSCA), EPA is requesting comment from was the recommended deadline to individuals or groups concerned with stakeholders, interested parties, and the commit to Tier 1. chemical testing and children’s health, general public on the implementation of • Within 4 months after announcing and animal welfare groups. Because the VCCEP pilot and is also evaluating EPA’s Data Needs Decision was the other entities may also be interested, the the progress of the VCCEP pilot toward recommended deadline to commit to Agency has not attempted to describe all meeting its objectives. VCCEP was upper tiers. the specific entities that may be affected designed to collect health effects, • Within 1 month after receiving a by this action. If you have any questions exposure, and risk information on chemical assessment was EPA’s goal to regarding the applicability of this action chemicals to which children are likely make it publicly available on the VCCEP to a particular entity, consult the to be exposed, and to make that website. technical person listed under FOR information available to the public so During 2001, 35 companies and 10 FURTHER INFORMATION CONTACT. the public may better understand the consortia voluntarily committed to potential health risks to children sponsor 20 of the 23 chemicals in the B. What Should I Consider as I Prepare associated with certain chemical VCCEP pilot. Three of the twenty-three My Comments for EPA? exposures, and to allow EPA and others chemicals were not sponsored and 1. Submitting CBI. Do not submit this to evaluate the risks of these chemicals remain unsponsored. Also in 2001, EPA information to EPA through so that mitigation measures may be arranged for a third party, Toxicology regulations.gov or e-mail. Clearly mark taken as appropriate. for Excellence in Risk Assessment the part or all of the information that EPA announced VCCEP in a (TERA), to organize and facilitate public you claim to be CBI. For CBI December 26, 2000 Federal Register Peer Consultation meetings to evaluate information in a disk or CD ROM that notice (Ref. 1) and requested chemical the chemical assessments to be you mail to EPA, mark the outside of the manufacturers and importers to submitted by the chemical sponsors. At disk or CD ROM as CBI and then participate in a VCCEP pilot by a Peer Consultation meeting, a panel of identify electronically within the disk or voluntarily committing to sponsor an scientific experts with extensive and CD ROM the specific information that is information collection on 23 chemicals. broad experience in toxicity testing, claimed CBI. In addition to one The VCCEP pilot is intended to allow exposure evaluation, or the specific complete version of the comment that EPA to gain insight as to how best to chemical discuss the chemical includes information claimed as CBI, a design and implement VCCEP in order assessment and offer their opinions on copy of the comment that does not to effectively provide the Agency and its adequacy and possible additional contain the information claimed as CBI the public with the means to understand data needs. This discussion is held at a must be submitted for inclusion in the the potential health risks to children public meeting where interested parties public docket. Information so marked associated with exposure to chemicals may also present comments. TERA will not be disclosed except in to which children may be exposed. EPA prepares a report summarizing the accordance with procedures set forth in intends the VCCEP pilot to be the means opinions expressed at the public 40 CFR part 2. of identifying efficiencies which can be meeting and submits this report to EPA. 2. Tips for preparing your comments. applied to the subsequent EPA considers this report when it When submitting comments, remember implementation of VCCEP. reviews the chemical assessment prior to: Several factors were considered in to forming its decision regarding i. Identify the document by docket ID selecting the 23 chemicals for the additional data needs of the chemical. number and other identifying VCCEP pilot; they included substantial In terms of progress, by the end of information (subject heading, Federal production/importation (one million August 2006, the VCCEP pilot sponsors Register date and page number). lbs. or more per year), presence in the had submitted Tier 1 chemical ii. Follow directions. The Agency may environment, and biomonitoring assessments for 12 of the 20 chemicals; ask you to respond to specific questions evidence of presence in humans. A all 12 chemical assessments had been or organize comments by referencing a detailed description of the selection evaluated in public Peer Consultation Code of Federal Regulations (CFR) part process used by EPA is in the document meetings; summary reports of the Peer or section number. entitled Methodology for Selecting Consultation meetings for the 12

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chemical assessments were made Number of received a chemical assessment as of available; and EPA had reviewed the Stages in the VCCEP chemicals August 2006 were held within an Peer Consultation reports and issued which have average of 2.4 months of receiving the Process completed Data Needs Decisions for 6 of the 12 chemical assessment. each stage • chemicals. EPA is in the process of Although a recommended deadline developing Data Needs Decisions for the Agency informed it will not 2 for TERA to issue its report remaining 6 chemicals. receive sponsor commit- summarizing a Peer Consultation ment to provide Tier 2 in- meeting was not specified in the In its six Data Needs Decisions, EPA formation December 2000 notice, TERA issued its decided that additional data were * As noted on the VCCEP website, the sub- reports for the 12 chemicals for which needed for three chemicals. A mission of chemical assessments for four EPA has received a chemical assessment consortium of three companies chemicals (ethylbenzene, ethylene dichloride, as of August 2006, within an average of organized by the American Chemistry perchloroethylene, and trichloroethylene) has 4.1 months after each meeting. Council (ACC) has agreed to proceed to been delayed due to other commitments to develop the data as part of another effort or The notice announcing VCCEP (Ref. 1, Tier 2 of the VCCEP pilot and sponsor program. p. 81714) stated that EPA expected to the additional information collection for evaluate the VCCEP pilot at 3 and 6 one of the chemicals. The Tier 1 sponsor The most recent information on the years after its initiation. EPA chose not of the other two chemicals with progress of specific chemicals in the to conduct an evaluation at 3 years additional data needs informed the VCCEP pilot is presented on the VCCEP because a sufficient number of Agency that it will not commit to website (http://www.epa.gov/chemrtk/ chemicals had not gone through the participate in Tier 2 for those chemicals. vccep). Since the Fall of 2001, EPA has public Peer Consultation process and, as For the other three chemicals for which kept the public informed of activities in a consequence of this, there was the VCCEP pilot through the VCCEP Data Needs Decisions have been issued, insufficient information to prepare a website. The website describes VCCEP EPA concluded that the Tier 1 useful evaluation. Consequently, EPA and how it was developed. It also lists decided to conduct a single evaluation assessments provide sufficient the chemicals and their sponsors, the information to adequately characterize at a point 5 years, approximately date of sponsor commitments to each midway, into the program (i.e., 2006). the risk to children of exposure to those tier, the submission dates of chemical chemicals, and EPA considers the assessments, the dates of upcoming B. What is the Agency’s Authority for evaluation of these three chemicals to be public Peer Consultation meetings, and Taking this Action? completed for purposes of the VCCEP the completion dates of Peer Congress gave EPA the authority to pilot. To summarize the activity and Consultation reports and EPA’s Data implement TSCA for the purpose of progress of the VCCEP pilot through Needs Decisions. Most importantly, the protecting human health and the August 2006, the table in this unit website makes the cited information environment, in part, by requiring indicates how many chemicals have available to the public by providing testing and, if necessary, by restricting completed successive stages in the links to the chemical assessments, the the manufacture, processing, VCCEP pilot: Peer Consultation reports, and EPA’s distribution in commerce, use, or Data Needs Decisions. disposal of certain chemical substances. Number of In terms of timeliness for EPA, TERA, VCCEP is a voluntary program which and the sponsors meeting the scheduled Stages in the VCCEP chemicals focuses on collecting information and Process which have goals for the VCCEP pilot, the following developing data necessary to protect completed observations are made: each stage children from risks associated with • All sponsors committed to Tier 1 by chemical substances to which they are the 6–month deadline. likely to be exposed. This notice seeks Sponsor commitment to pro- 20 • vide Tier 1 information As part of their Tier 1 public involvement in a midpoint commitments, the sponsors for 5 of the evaluation of how the VCCEP pilot is Tier 1 chemical assessment 12 * 12 chemicals for which EPA has meeting its objectives and the overall submitted received a chemical assessment as of objectives of VCCEP. August 2006, provided a projected Tier 1 chemical assessment 12 submission date for their Tier 1 III. Request for Comment has gone through Peer chemical assessment. The chemical EPA is requesting comment from Consultation assessment for only one of the five stakeholders, interested parties, and the chemicals (decabromodiphenyl ether) general public on the implementation of Peer Consultation report 12 available was received by EPA by the projected the VCCEP pilot, what modifications submission date. might be made to make the VCCEP pilot • EPA issued a Data Needs 6 Some of the projected submission run more efficiently, and how well the Decision dates originally provided by the VCCEP pilot is meeting the objectives of (3 chemicals had Tier 2 data sponsors were subsequently revised at VCCEP. The main objectives of VCCEP needs, 3 chemicals did the request of the sponsor, or due to are: not have Tier 2 data TERA scheduling of Peer Consultation • To collect exposure, hazard, and needs.) meetings. risk information on chemicals to which • EPA made all the chemical children are likely to be exposed. Received a sponsor commit- 1 assessments available on the VCCEP • To make the information available ment to provide Tier 2 in- website within 1 month of receipt. to the public so the public may better formation • Although a recommended deadline understand the potential health risks to OR for scheduling the Peer Consultation children associated with certain meetings was not specified in the chemical exposures. December 2000 notice, the meetings for The Agency is particularly interested the 12 chemicals for which EPA has in receiving your feedback with regard

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to the list of questions in this Unit III. commitments, or to run the VCCEP pilot 2006–0341. The docket includes Commenters should not feel that they with two commitments, i.e., to Tier 1 information considered by EPA in must confine their comments to the and to Tiers 2/3? developing this notice such as the following specific questions, nor should • Are there any ways in which EPA’s documents specifically referenced in they feel they must respond to any or all contributions to the VCCEP pilot’s this action, any public comments of the questions. Commenters, however, evaluation and data needs decision received, and other information related should attempt to provide comments on process could be improved or made to this action. In addition, interested the aspects of the VCCEP pilot with more effective? parties should consult documents that which they have had experience and/or • Has the VCCEP pilot made are referenced in the documents that have formed a definite opinion. To be significant progress with respect to its EPA has placed in the public docket, most helpful in the Agency’s evaluation, objectives? regardless of whether these referenced please provide enough detail to explain • The VCCEP pilot was designed to documents are physically located in the or illustrate conclusions that you have ensure that health effects, exposure, and public docket. For assistance in locating reached based on your experiences. risk information are made available to documents that are referenced in • Have the hazard, exposure, and the public to enable a better documents that EPA has placed in the risk assessments submitted by the understanding of the potential health public docket, but that are not sponsors provided sufficient risks to children associated with certain physically located in the docket, please information to enable the Peer chemical exposures. Does the VCCEP consult the technical contact listed Consultation panel to adequately website provide easy access to and under FOR FURTHER INFORMATION evaluate these aspects as they relate to adequate explanation of the information CONTACT. The public docket is available children from the chemicals in generated by the VCCEP pilot? for review as specified under question? Have the Data Needs Commenters should follow the ADDRESSES. Assessments prepared by the sponsors guidance provided in Unit I.B. and 1. EPA. Voluntary Children’s been fair and unbiased? under ADDRESSES when preparing and Chemical Evaluation Program. Federal • Has the Peer Consultation process submitting their comments. Register (65 FR 81700, December 26, been open, transparent, timely, and IV. Comments Document 2000) (FRL–6758–5). Available on-line useful as a forum for scientists and at: http://www.epa.gov/chemrtk/vccep/ experts from various stakeholder groups EPA will prepare a Comments pubs/ts00274d.pdf. to exchange views on sponsors’ Document summarizing the comments 2. EPA. Methodology for Selecting assessments and recommended data received in response to this notice and Chemicals for the Voluntary Children’s needs? How might it be improved? at a public meeting, if held. The Chemical Evaluation Program (VCCEP) • Has the Peer Consultation process Comments Document will identify any Pilot. December 5, 2000. Available on- been efficient? If not, what common themes and will assist EPA in line at: http://www.epa.gov/chemrtk/ improvements could be made? determining what modifications might vccep/vccepmth.htm. • Has the Peer Consultation panel be made to make the program run more adequately considered both toxicology efficiently and/or better meet the List of Subjects and exposure information in developing objectives of VCCEP. Significant Environmental protection, Chemicals, its results? program modifications which the Child health. • Does the Peer Consultation process Agency is considering as a result of this provide a scientifically rigorous and evaluation will be discussed with Dated: November 9, 2006. effective means for eliciting comments stakeholders before implementing. James B. Gulliford, and opinions from the assembled At this time, once the Comments Assistant Administrator, Office of Prevention, experts on the Peer Consultation panel Document is complete, EPA expects to Pesticides and Toxic Substances. and those attending the public meeting, make the Comments Document [FR Doc. E6–19574 Filed 11–17–06; 8:45 am] and for assisting EPA in developing available to the public on the VCCEP BILLING CODE 6560–50–S decisions? website. The Comments Document will • Have the communications related to not be published in the Federal the Peer Consultation process, activities Register, nor will a notice of availability ENVIRONMENTAL PROTECTION and outcomes been effective and have be published in the Federal Register AGENCY they facilitated public understanding announcing its appearance on the and use of the information generated VCCEP website. However, if you [FRL–8243–7] from this process? provide your e-mail address, EPA will 2007 Blue Ribbon Water Quality • Should the time allowed for notify you by e-mail when the Trading Awards—Call for Nominations sponsor commitment remain the same, Comments Document is available on the i.e., 6 months to commit to Tier 1, and VCCEP website at http://www.epa.gov/ AGENCY: Environmental Protection 4 months to commit to subsequent chemrtk/vccep. Agency (EPA). Tiers? (The commitment period is the ACTION: Notice. time for the sponsor to decide whether V. Public Meeting to participate in VCCEP, form a If there are requests to do so, EPA will SUMMARY: This notice announces the consortium, and notify the Agency.) hold a public meeting to discuss and initiation of an EPA recognition and • How can the timeliness of activities take comment on the implementation of leadership program for excellence in under the VCCEP pilot be improved? the VCCEP pilot. To request a public water quality trading, ‘‘Blue Ribbon Should specific due dates be established meeting, follow the directions under Water Quality Trading Awards,’’ and for each step in the process? If so, how ADDRESSES. solicits nominations for possible award should a missed due date be addressed? to water quality trading programs and • Should the sponsor be requested to VI. Materials in the Docket policies which have achieved or are commit to more than one tier at a time? An official docket was established for expected to achieve environmental and Is it better to run the VCCEP pilot with this VCCEP pilot evaluation under economic benefits. Blue Ribbon Water commitments at each tier, i.e., three docket ID number EPA–HQ–OPPT– Quality Trading Awards will encourage

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and recognize exemplary water quality II. Award Information VI. Nomination Submission trading programs and policies. This From the nominations submitted to Information recognition program will enable EPA to EPA’s Blue Ribbon Water Quality A. Content of Nomination Package identify successful and innovative water Trading Awards, EPA will select those Each nomination must include all the quality trading programs and policies programs and policies that best meet the that most closely align with U.S. EPA’s information listed below. evaluation criteria described below. (1) Contact information: (a) Name of Water Quality Trading Policy and EPA will recognize those programs and cooperate with those programs in order water quality trading program or policy policies that are selected as leaders in being nominated; (b) Name of the to prevent, reduce, and eliminate water the field of water quality trading. pollution. This program will also help organization(s) responsible for creating EPA promote water quality trading and III. Eligible Applicants the water quality trading program or policy; (c) Name, telephone number, create a network of water quality trading Nominations for a Blue Ribbon Water leaders throughout the country. postal address, and e-mail of person to Quality Trading Award must be for contact with questions regarding the DATES: Nominations must be received water quality trading programs or nomination; and (2) A description of the by 5 p.m. Eastern Standard Time on policies that have been, are being, or water quality trading program or policy Tuesday, January 16, 2007. Nominations will be implemented in the United and how it addresses the evaluation received after this deadline will not be States, and may be either self-nominated criteria (see Section IV). considered. or nominated by a third party. The following sectors are encouraged to B. Form of Nomination Package ADDRESSES: Blue Ribbon Water Quality apply: Corporations; industry; Nominations should not exceed 20 Trading Awards; ATTN: Chris Lewicki; individuals; non-governmental double-spaced pages in length of 12 U.S. EPA; Office of Wetlands, Oceans organizations and other associations; point font (including all tables, and Watersheds; Assessment and institutions; and local, state, and tribal timelines, charts, graphs, maps, Watershed Protection Division; Room governments. In order to be considered pictures, and all other supporting 7303K; Mail Code 4503–T; 1301 for recognition, nominations must have materials). Nominations that exceed the Constitution Avenue, NW.; Washington, a satisfactory compliance record with 20 double-spaced page limit will not be DC 20004; telephone 202–566–1293. respect to environmental regulations considered. Send two printed hard- Nominations must be submitted by and requirements. copies of the nomination and two express mail, courier service, or hand IV. Evaluation Criteria compact discs (CDs) with the delivery to the address in this section. nomination in a Microsoft Word (.doc) Recognition will be given based on FOR FURTHER INFORMATION CONTACT: format to the address as provided in the the following evaluation criteria: (1) ADDRESSES section of this notice. Chris Lewicki; U.S. EPA; Office of Actual or anticipated environmental Wetlands, Oceans and Watersheds; improvement; (2) actual or anticipated VII. Award Notice Assessment and Watershed Protection economic benefits; (3) transparency of EPA anticipates announcing its Division; Room 7303K; Mail Code 4503– trades; (4) accountability of meeting selections in the spring or summer of T; 1301 Constitution Avenue, NW.; National Pollutant Discharge 2007. EPA will mail letters to all Washington, DC 20004; telephone 202– Elimination System (NPDES) permit nominees and any third parties that 566–1293; e-mail [email protected]. limits; (5) accounting for the fate and made nominations indicating whether Additional information on water quality transport of the pollutant and the or not the water quality trading program trading is available at: http:// possible different forms of the pollutant or policy that was submitted for www.epa.gov/waterqualitytrading. being traded in the design of a pollutant nomination was selected for recognition I. Background credit; (6) mechanisms for managing in EPA’s 2007 Blue Ribbon Water uncertainty of non-point source Quality Trading Awards. Water quality trading is an innovative pollutant credits (this criterion will Dated: November 13, 2006. approach to achieve water quality goals apply only for those programs or Benjamin H. Grumbles, more efficiently. Trading is based on the policies that include trading with non- fact that sources in a watershed can face point sources of pollutants); (7) Assistant Administrator for Water. very different costs to control the same stakeholder involvement; and (8) actual [FR Doc. E6–19556 Filed 11–17–06; 8:45 am] pollutant. Trading programs allow or anticipated evaluation of the trading BILLING CODE 6560–50–P facilities facing higher pollutant control program or policy. costs to meet their regulatory obligations by purchasing environmentally V. Selection Process EQUAL EMPLOYMENT OPPORTUNITY equivalent (or superior) pollutant Nominations will be judged according COMMISSION reductions from another source at lower to the evaluation criteria (see Section cost, thus achieving the same water IV) by a panel of national water quality Agency Information Collection quality improvement at lower overall trading experts. The panelists will Activities: Proposed Collection; cost. This recognition program will provide recommendations to EPA, who Comments Request enable EPA to identify successful water will then consider the expert panel’s AGENCY: Equal Employment quality trading programs and policies recommendations when making the Opportunity Commission. that most closely align with U.S. EPA’s final selections. In addition to the expert ACTION: Notice. Water Quality Trading Policy and panel’s recommendations, EPA may also cooperate with those programs in order consider additional factors in making its SUMMARY: In accordance with section to prevent, reduce, and eliminate water final selection such as diversity of the Paperwork Reduction Act of 1995, pollution. This program will also help programs and policies. EPA reserves the the Commission announces that it EPA promote water quality trading and right to contact nominees for additional intends to submit to the Office of create a network of water quality trading information should it be deemed Management and Budget (OMB) a leaders throughout the country. necessary. request for an extension without change

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of the existing recordkeeping extension of these regulations without information technology, e.g., permitting requirements under 29 CFR part 1602 et change. electronic submission of responses. seq., Recordkeeping and Reporting Overview of This Information For the Commission. Requirements under Title VII and the Collection Dated: November 9, 2006. ADA. The Commission is seeking public Naomi Churchill Earp, comments on the proposed extension. Collection title: Recordkeeping under Chair. DATES: Written comments on this notice Title VII and the ADA. must be submitted on or before January OMB number: 3046–0040. [FR Doc. E6–19605 Filed 11–17–06; 8:45 am] 19, 2007. Description of affected public: BILLING CODE 6570–01–P Employers with 15 or more employees ADDRESSES: Comments should be submitted to Stephen Llewellyn, are subject to Title VII and the ADA. Number of responses: 627,000. EQUAL EMPLOYMENT OPPORTUNITY Executive Officer, Executive Secretariat, Reporting hours: One. COMMISSION Equal Employment Opportunity Number of forms: None. Commission, 10th Floor, 1801 L Street, Federal cost: None. Agency Information Collection NW., Washington, DC 20507. As a Abstract: Section 709(c) of Title VII, Activities: Proposed Collection; convenience to commentators, the 42 U.S.C. 2000e–8(c) and section 107(a) Comments Request Executive Secretariat will accept of the ADA, 42 U.S.C. 12117(a) require comments totaling six or fewer pages by AGENCY: Equal Employment the Commission to establish regulations Opportunity Commission. facsimile (‘‘FAX’’) machine. This pursuant to which employers subject to limitation is necessary to assure access ACTION: Notice of information collection those Acts shall make and preserve under review: ADEA waivers. to the equipment. The telephone certain records to assist the EEOC in number of the FAX receiver is (202) assuring compliance with the Acts’ SUMMARY: In accordance with the 663–4114. (This is not a toll free nondiscrimination in employment Paperwork Reduction Act of 1995, the number.) Receipt of FAX transmittals requirements. This is a recordkeeping Equal Employment Opportunity will not be acknowledged, except that requirement. Any of the records Commission (Commission or EEOC) the sender may request confirmation of maintained which are subsequently announces that it intends to submit to receipt by calling the Executive disclosed to the EEOC during an the Office of Management and Budget Secretariat staff at (202) 663–4070 investigation are protected from public (OMB) a request for an extension (voice) or (202) 663–4074 (TDD). (These disclosure by the confidentiality without change to existing collection are not toll-free telephone numbers.) provisions of section 706(b) and 709(e) requirements under 29 CFR 1625.22, Copies of comments submitted by the of Title VII which are also incorporated Waivers of rights and claims under the public will be available for review at the Age Discrimination in Employment Act Commission’s library, Room 6502, 1801 by reference into the ADA at section (ADEA). The Commission is seeking L Street, NW., Washington, DC 20507 107(a). Burden statement: The estimated public comments on the proposed between the hours of 9:30 a.m. and 5 number of respondents is approximately extension. p.m. 627,000 employers. The recordkeeping DATES: Written comments on this notice FOR FURTHER INFORMATION CONTACT: requirement does not require reports or must be submitted on or before January Thomas J. Schlageter, Assistant Legal the creation of new documents; it 19, 2007. Counsel or Mona Papillon, General merely requires retention of documents Attorney, at (202) 663–4660 or TDD ADDRESSES: Comments should be that the employer has made or kept. submitted to Stephen Llewellyn, (202) 663–4074. This notice is also Thus, the burden imposed by these available in the following formats: large Executive Officer, Executive Secretariat, regulations is minimal. The burden is Equal Employment Opportunity print, braille, audio tape and electronic estimated to be less than one hour per file on computer disk. Requests for this Commission, 10th Floor, 1801 L Street, employer. NW., Washington, DC 20507. As a notice in an alternative format should be Pursuant to the Paperwork Reduction convenience to commentators, the made to the Publications Center at 1– Act of 1995, and OMB regulation 5 CFR Executive Secretariat will accept 800–669–3362. 1320.8(d)(1), the Commission solicits comments totaling six or fewer pages by SUPPLEMENTARY INFORMATION: The Equal public comment to enable it to: facsimile (‘‘FAX’’) machine. This Employment Opportunity Commission (1) Evaluate whether the proposed limitation is necessary to assure access (EEOC) enforces Title VII of the Civil collection of information is necessary to the equipment. The telephone Rights Act of 1964 and Title I of the for the proper performance of the number for the FAX receiver is (202) Americans with Disabilities Act, which Commission’s functions, including 663–4114. (This is not a toll-free prohibit discrimination on the basis of whether the information will have number.) Receipt of FAX transmittals race, color, religion, sex, national origin practical utility; or disability. Sections 709(c) of Title VII (2) Evaluate the accuracy of the will not be acknowledged, except that and section 107(a) of the ADA authorize Commission’s estimate of the burden of the sender may request confirmation of the EEOC to issue recordkeeping and the proposed collection of information, receipt by calling the Executive reporting regulations that are deemed including the validity of the Secretariat staff at (202) 663–4070 reasonable, necessary or appropriate. methodology and assumptions used; (voice) or (202) 663–4074 (TDD). (These EEOC has promulgated recordkeeping (3) Enhance the quality, utility, and are not toll-free telephone numbers.) regulations under those authorities that clarity of the information to be Copies of comments submitted by the are contained in 29 CFR part 1602 et collected; and public will be available for review at the seq. Those regulations do not require (4) Minimize the burden of the Commission’s library, Room 6502, 1801 the creation of any particular records collection of information on those who L Street, NW., Washington, DC 20507 but generally require employers to are to respond, including the use of between the hours of 9:30 a.m. and 5 preserve any personnel and appropriate automated, electronic, p.m. employment records they make or keep mechanical, or other technological FOR FURTHER INFORMATION CONTACT: for a period of one year. The EEOC seeks collection techniques or other forms of Thomas J. Schlageter, Assistant Legal

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Counsel or Mona Papillon, General waivers to a group or class of employees before or after the meeting. If you plan Attorney, Office of Legal Counsel, at in connection with an Exit Program. to attend, a photo ID must be presented (202) 663–4640 or TTY (202) 663–7026. Pursuant to the Paperwork Reduction at the guard’s desk as part of the This notice is also available in the Act of 1995, 44 U.S.C. Chapter 35, and clearance process into the building, and following formats: large print, braille, OMB regulations 5 CFR 1320.8(d)(1), the you may contact Teri Stumpf to be audio tape and electronic file on Commission solicits public comment to placed on an attendee list. If any person computer disk. Requests for this notice enable it to: wishes auxiliary aids (such as a sign in an alternative format should be made (1) Evaluate whether the proposed language interpreter) of other special to the Publications Center at 1–800– collection of information is necessary accommodations, please contact, prior 669–3362. for the proper performance of the to November 29, 2006 Teri Stumpf, SUPPLEMENTARY INFORMATION: The EEOC Commission’s functions, including Room 1209, 811 Vermont Avenue, NW., enforces the ADEA of 1967, as amended, whether the information will have Washington, DC 20571, Voice: (202) 29 U.S.C. 621 et seq., which prohibits practical utility; 565–3502 or TDD (202) 565–3377. discrimination against employees and (2) Evaluate the accuracy of the FOR FURTHER INFORMATION CONTACT: applicants for employment who are age Commission’s estimate of the burden of Teri 40 or older. Congress amended the the proposed collection of information, Stumpf, Room 1209, 811 Vermont Ave., ADEA by enacting the Older Workers including the validity of the NW., Washington, DC 20571, (202) 565– Benefit Protection Act of 1990 methodology and assumptions used; 3502. (3) Enhance the quality, utility, and (OWBPA), Pub. L. 101–433, 104 Stat. Howard A. Schweitzer, clarity of the information to be 983(1990), to clarify the prohibitions General Counsel. against discrimination on the basis of collected; and [FR Doc. 06–9266 Filed 11–17–06; 8:45 am] age. In Title II of OWBPA, Congress (4) Minimize the burden of the addressed waivers of rights and claims collection of information on those who BILLING CODE 6690–01–M under the ADEA. The provisions of Title are to respond, through the use of II of OWBPA require employers to appropriate automated, electronic, provide certain information to mechanical, or other technological employees (but not to EEOC) in writing collection techniques or other forms of FEDERAL DEPOSIT INSURANCE when asking those employees to waive information technology, e.g., permitting CORPORATION or release ADEA claims. The regulation electronic submission of responses. Notice of Agency Meeting at 29 CFR 1625.22 reiterates those For the Commission. requirements. The EEOC seeks Dated: November 9, 2006. Pursuant to the provisions of the extension without change of the Naomi Churchill Earp, ‘‘Government in the Sunshine Act’’ (5 information collection requirements Chair. U.S.C. 552b), notice is hereby given that, contained in this record keeping [FR Doc. E6–19606 Filed 11–17–06; 8:45 am] at 2:29 p.m. on Wednesday, November regulation. BILLING CODE 6570–01–P 15, 2006, the Board of Directors of the Overview of This Information Federal Deposit Insurance Corporation Collection met in closed session to consider Collection title: Disclosure EXPORT-IMPORT BANK OF THE matters relating to the Corporation’s requirements under Title II of the Older UNITED STATES supervisory activities. Workers Benefit Protection Act of 1990 In calling the meeting, the Board Notice of Open Special Meeting of the (OWBPA), 29 CFR Part 1625. Advisory Committee of the Export- determined, on motion of Director John OMB number: 3046–0042 Import Bank of the United States (Ex- C. Dugan (Comptroller of the Currency), Type of respondents: Business, state Im Bank) seconded by Mr. Scott Polakoff, acting or local governments, not for profit in the place and stead of Director John institutions. SUMMARY: The Advisory Committee was C. Reich (Office of Thrift Supervision), Description of affected public: Any established by Pub. L. 98–181, concurred in by Vice Chairman Martin employer with 20 or more employees November 30, 1983, to advise the J. Gruenberg, Director Thomas J. Curry, that seeks waiver agreements in Export-Import Bank on its programs and and Chairman Sheila C. Bair, that connection with exit incentive or other to provide comments for inclusion in Corporation business required its employment termination programs the reports of the Export-Import Bank of consideration of the matters on less than (hereinafter, ‘‘Exit Program’’). the United States to Congress. seven days’ notice to the public; that no Number of responses: 13,713. Time and Place: Tuesday, December earlier notice of the meeting was Reporting hours: 41,139. 5, 2006, from 9:30 a.m. to 12 p.m. The practicable; that the public interest did Number of forms: None. meeting will be held at Ex-Im Bank in not require consideration of the matters Federal cost: None. the Main Conference Room 1143, 811 in a meeting open to public observation; Abstract: This requirement involves Vermont Avenue, NW., Washington, DC and that the matters could be providing adequate information in 20571. considered in a closed meeting by waiver agreements offered to a group or Agenda: Agenda items include a authority of subsections (c)(4), (c)(6), class of persons in connection with an briefing of the Advisory Committee (c)(8), and (c)(9)(A)(ii) of the Exit Program, to satisfy the requirements members on challenges for 2007, their ‘‘Government in the Sunshine Act’’ (5 of the OWBPA. roles and responsibilities and an ethics U.S.C. 552b(c)(4), (c)(6), (c)(8), and Burden statement: The only briefing. (c)(9)(A)(ii)). paperwork burden involved is the Public Participation: The meeting will inclusion of the relevant data in waiver be open to public participation, and the The meeting was held in the Board agreements under the OWBPA. The rule last 10 minutes will be set aside for oral Room of the FDIC Building located at applies to those employers who have 20 questions or comments. Members of the 550–17th Street, NW., Washington, DC. or more employees and who offer public may also file written statement(s) Dated: November 15, 2006.

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Federal Deposit Insurance Corporation. of Ohio State Bancshares, Inc., and Texas, and relocate its headquarters to Robert E. Feldman, thereby indirectly acquire voting shares Fort Worth, Texas. Executive Secretary. of Ohio State Bank, all of Marion, Ohio. B. Federal Reserve Bank of Dallas [FR Doc. 06–9290 Filed 11–15–06; 4:49 pm] Board of Governors of the Federal Reserve (W. Arthur Tribble, Vice President) 2200 BILLING CODE 6714–01–M System, November 15, 2006. North Pearl Street, Dallas, Texas 75201– Robert deV. Frierson, 2272: 1. ONB Bancshares, Inc., Ozona, Deputy Secretary of the Board. Texas; to become a bank holding FEDERAL ELECTION COMMISSION [FR Doc. E6–19552 Filed 11–17–06; 8:45 am] company by acquiring 100 percent of BILLING CODE 6210–01–S Sunshine Act Meeting Notice the voting shares of The Ozona National Bank, Ozona, Texas. C. Federal Reserve Bank of San DATE AND TIME: Tuesday, November 28, FEDERAL RESERVE SYSTEM 2006 at 10 a.m. Francisco (Tracy Basinger, Director, Regional and Community Bank Group) PLACE: 999 E Street, NW., Washington, Formations of, Acquisitions by, and 101 Market Street, San Francisco, DC. Mergers of Bank Holding Companies California 94105–1579: STATUS: This Meeting Will Be Closed to The companies listed in this notice 1. 1867 Western Financial the Public. have applied to the Board for approval, Corporation, Stockton, California; to ITEMS TO BE DISCUSSED: Compliance pursuant to the Bank Holding Company acquire up to 9.9 percent of the voting matters pursuant to 2 U.S.C. 437g. Act of 1956 (12 U.S.C. 1841 et seq.) shares of Pacific Business Bancorp, and Audits conducted pursuant to 2 U.S.C. (BHC Act), Regulation Y (12 CFR Part thereby indirectly acquire voting shares 437g, 438(b), and Title 26, U.S.C. 225), and all other applicable statutes of Pacific Business Bank, both of Irvine, Matters concerning participation in civil and regulations to become a bank California. holding company and/or to acquire the actions or proceedings or arbitration. Board of Governors of the Federal Reserve Internal personnel rules and procedures assets or the ownership of, control of, or System, November 15, 2006. the power to vote shares of a bank or or matters affecting a particular Robert deV. Frierson, employee. bank holding company and all of the banks and nonbanking companies Deputy Secretary of the Board. PERSON TO CONTACT FOR INFORMATION: [FR Doc. E6–19551 Filed 11–17–06; 8:45 am] Mr. Robert Biersack, Press Officer, owned by the bank holding company, BILLING CODE 6210–01–S Telephone: (202) 694–1220. including the companies listed below. The applications listed below, as well Mary W. Dove, as other related filings required by the Secretary of the Commission. Board, are available for immediate DEPARTMENT OF HEALTH AND [FR Doc. 06–9328 Filed 11–16–06; 3:06 pm] inspection at the Federal Reserve Bank HUMAN SERVICES BILLING CODE 6715–01–M indicated. The application also will be available for inspection at the offices of Office of the National Coordinator for the Board of Governors. Interested Health Information Technology, American Health Information FEDERAL RESERVE SYSTEM persons may express their views in writing on the standards enumerated in Community Quality Workgroup the BHC Act (12 U.S.C. 1842(c)). If the Change in Bank Control Notices; ACTION: Announcement of meeting. Acquisition of Shares of Bank or Bank proposal also involves the acquisition of Holding Companies a nonbanking company, the review also SUMMARY: This notice announces the includes whether the acquisition of the third meeting of the American Health The notificants listed below have nonbanking company complies with the Information Community Quality applied under the Change in Bank standards in section 4 of the BHC Act Workgroup in accordance with the Control Act (12 U.S.C. 1817(j)) and (12 U.S.C. 1843). Unless otherwise Federal Advisory Committee Act § 225.41 of the Board’s Regulation Y (12 noted, nonbanking activities will be (Pub. L. No. 92–463, 5 U.S.C., App.) CFR 225.41) to acquire a bank or bank conducted throughout the United States. DATES: December 13, 2006, from 1 p.m. holding company. The factors that are Additional information on all bank to 4 p.m. considered in acting on the notices are holding companies may be obtained ADDRESSES: Mary C. Switzer Building set forth in paragraph 7 of the Act (12 from the National Information Center U.S.C. 1817(j)(7)). (330 C Street, SW., Washington, DC website at www.ffiec.gov/nic/. 20201), Conference Room 4090 (you The notices are available for Unless otherwise noted, comments immediate inspection at the Federal will need a photo ID to enter a Federal regarding each of these applications building). Reserve Bank indicated. The notices must be received at the Reserve Bank FOR FURTHER INFORMATION CONTACT: also will be available for inspection at indicated or the offices of the Board of http://www.hhs.gov/healthit/ahic/ the office of the Board of Governors. Governors not later than December 15, quality_main.html. Interested persons may express their 2006. views in writing to the Reserve Bank A. Federal Reserve Bank of SUPPLEMENTARY INFORMATION: During the indicated for that notice or to the offices Minneapolis (Jacqueline G. King, meeting, the Workgroup will continue of the Board of Governors. Comments Community Affairs Officer) 90 their discussion on a core set of quality must be received not later than Hennepin Avenue, Minneapolis, measures and on the specific charge to December 5, 2006. Minnesota 55480–0291: the Workgroup. The Workgroup A. Federal Reserve Bank of Cleveland 1. Marquette Financial Companies, members will also participate in a (Douglas A. Banks, Vice President) 1455 Minneapolis, Minnesota; to acquire 100 facilitated process intended to envision East Sixth Street, Cleveland, Ohio percent of the voting shares of First and describe a world in which quality 44101–2566: Commerce Bank, Corpus Christi, Texas. measurement and reporting are 1. Thurman Robert Mathews and Rose In addition, First Commerce bank will automated and clinical decision support Marie Mathews; to acquire voting shares change its name to Meridian Bank is used to improve performance on

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those quality measures. This shared room accommodates approximately 100 [email protected]. The deadline for vision will be used to inform the future people. notification of attendance at all three work of the Workgroup. Purpose: The Secretary, Department meetings is November 30, 2006. The meeting will be available via of Health and Human Services (HHS) The Director, Management Analysis internet access. For additional and by delegation, the Director, CDC, and Services Office, has been delegated information, go to http://www.hhs.gov/ and Administrator, NCEH/ATSDR, are the authority to sign Federal Register healthit/ahic/quality_instruct.html. authorized under Section 301 (42 U.S.C. notices pertaining to announcements of Dated: November 7, 2006. 241) and Section 311 (42 U.S.C. 243) of meetings and other committee Judith Sparrow, the Public Health Service Act, as management activities for both CDC and amended, to: (1) Conduct, encourage, Director, American Health Information NCEH/ATSDR. Community, Office of Programs and cooperate with, and assist other Dated: November 14, 2006. appropriate public authorities, scientific Coordination, Office of the National Alvin Hall, Coordinator for Health Information institutions, and scientists in the Director, Management Analysis and Services Technology. conduct of research, investigations, experiments, demonstrations, and Office, Centers for Disease Control and [FR Doc. 06–9261 Filed 11–17–06; 8:45 am] Prevention (CDC). BILLING CODE 4150–24–M studies relating to the causes, diagnosis, treatment, control, and prevention of [FR Doc. E6–19543 Filed 11–17–06; 8:45 am] physical and mental diseases and other BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND impairments; (2) assist states and their political subdivisions in the prevention HUMAN SERVICES DEPARTMENT OF HEALTH AND of infectious diseases and other HUMAN SERVICES Centers for Disease Control and preventable conditions and in the Prevention promotion of health and well being; and Centers for Disease Control and (3) train state and local personnel in Prevention National Center for Environmental health work. The BSC, NCEH/ATSDR Health/Agency for Toxic Substances provides advice and guidance to the National Center for Environmental and Disease Registry; The Board of Secretary, HHS; the Director, CDC, and Health/Agency for Toxic Substances Scientific Counselors (BSC); Centers Administrator, ATSDR; and the and Disease Registry; The Health for Disease Control and Prevention Director, NCEH/ATSDR, regarding Department Subcommittee (HDS) of (CDC), National Center for program goals, objectives, strategies, and the Board of Scientific Counselors Environmental Health/Agency for Toxic priorities in fulfillment of the agency’s (BSC); Centers for Disease Control and Substances and Disease Registry mission to protect and promote people’s (NCEH/ATSDR); Meeting Prevention (CDC); National Center for health. The board provides advice and Environmental Health/Agency for Toxic In accordance with section 10(a)(2) of guidance that will assist NCEH/ATSDR Substances and Disease the Federal Advisory Committee Act in ensuring scientific quality, Registry(NCEH/ATSDR); Meeting (Pub. L. 92–463), CDC and NCEH/ timeliness, utility, and dissemination of ATSDR announce the following results. The board also provides In accordance with section 10(a)(2) of meetings of the aforementioned guidance to help NCEH/ATSDR work the Federal Advisory Committee Act committee. more efficiently and effectively with its (Pub. L. 92–463), CDC, NCEH/ATSDR Time and Date: 8:30 a.m.–10 a.m., various constituents and to fulfill its announces a meeting of the December 6, 2006. mission in protecting America’s health. aforementioned subcommittee. Location: Hilton Atlanta Hotel, 255 Matters to be Discussed: Items will Time and Date: 5 p.m.–7 p.m. Eastern Courtland Street, Atlanta, Georgia include but are not limited to discussion Standard Time, December 5, 2006. 30303. on the BSC’s observations of the Place: Hilton Atlanta Hotel, 255 National Environmental Public Health Courtland Street, Atlanta, Georgia SUPPLEMENTARY INFORMATION: The BSC Conference; Updates by the NCEH/ 30303. will convene a plenary session at the ATSDR Office of the Director on Status: Open to the public, limited by 2006 National Environmental Public appropriations; Fiscal Year 2006 the available space. The meeting room Health Conference. The session topic is accomplishments, challenges, and accommodates approximately 50 ‘‘Planning for the Present and Future’’. significant issues; updates on the people. The meeting will be held in a town hall Coordinating Center and its goals; Purpose: Under the charge of the BSC, forum. Registration may be required. NCEH/ATSDR, the HDS will provide Time and Date: 1:30 p.m.—4:15 p.m., presentation of the Program Peer Review the BSC, NCEH/ATSDR with advice and December 6, 2006. Subcommittee report and discussion; Location: Hilton Atlanta Hotel, 255 presentation of the Health Department recommendations on local and state Courtland Street, Atlanta, Georgia Subcommittee report and discussion; health department issues and concerns 30303. presentation of the Community and that pertain to the mandates and Status: Open to the public, limited Tribal Subcommittee report and mission of NCEH/ATSDR. only by the space available. The meeting discussion; updates of the NCEH/ Matters To Be Discussed: A review of room accommodates approximately 100 ATSDR programs; updates on global agenda and approval of November people. health activities; review action items conference call minutes; discussion of Supplementary Information: and confirm date for next meeting. workforce accomplishments; update on Beginning of full Board Meeting. See Agenda items are tentative and BSC presentation; discussion of external matters to be discussed below. subject to change. membership recommendations; Time and Date: 9 a.m.–3 p.m., Contact Person for More Information: discussion of BSC presentation; December 7, 2006. Sandra Malcom, Committee discussion of measures to improve Location: 1825 Century Boulevard, Management Specialist, NCEH/ATSDR, NCEH/ATSDR interaction with local Atlanta, Georgia 30345. 1600 Clifton Road, Mail Stop E–28, health departments; and next steps. Status: Open to the public, limited Atlanta, Georgia 30303; telephone 404– Agenda items are subject to change as only by the space available. The meeting 498–0003, fax 404–498–0622; E-mail: priorities dictate.

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Due to programmatic matters, this Dated: November 8, 2006. We are modifying the language in the Federal Register Notice is being Michael O. Leavitt, remaining routine uses to provide a published on less than 15 calendar days Secretary. proper explanation as to the need for the notice to the public (41 CFR 102– [FR Doc. 06–9263 Filed 11–17–06; 8:45 am] routine use and to provide clarity to 3.150(b)). BILLING CODE 4160–18–M CMS’s intention to disclose individual- Contact Person for More Information: specific information contained in this Shirley D. Little, Committee system. The routine uses will then be Management Specialist, Office of DEPARTMENT OF HEALTH AND prioritized and reordered according to Science, NCEH/ATSDR, 1600 Clifton HUMAN SERVICES their usage. We will also take the Road, NE., M/S E–28, Atlanta, Georgia opportunity to update any sections of 30333, telephone 404–498–0615. Centers for Medicare & Medicaid the system that were affected by the The Director, Management Analysis Services recent reorganization or because of the and Services Office, has been delegated impact of the Medicare Prescription the authority to sign Federal Register Privacy Act of 1974; Report of a Drug, Improvement, and Modernization notices pertaining to announcements of Modified or Altered System Act of 2003 (MMA) (Pub. L. 108–173) meetings and other committee AGENCY: Department of Health and provisions and to update language in management activities for both CDC and Human Services (HHS), Centers for the administrative sections to NCEH/ATSDR. Medicare & Medicaid Services (CMS). correspond with language used in other CMS SORs. Dated: November 14, 2006. ACTION: Notice of a Modified or Altered Alvin Hall, The primary purpose of the system of System of Records (SOR). records is to issue and control United Director, Management Analysis and Services Office, Centers for Disease Control and SUMMARY: In accordance with the States Government card keys to all CMS Prevention. requirements of the Privacy Act of 1974, employees and other authorized [FR Doc. E6–19544 Filed 11–17–06; 8:45 am] we are proposing to modify or alter an individuals who require access into certain designated or secured areas. BILLING CODE 4163–18–P existing SOR, ‘‘Record of Individuals Authorized Entry to the Health Care Information retrieved from this system Financing Administration (HCFA) of records will also be disclosed to: (1) DEPARTMENT OF HEALTH AND Building via a Card Key Access System Support regulatory, reimbursement, and HUMAN SERVICES (RICKS), System No. 09–70–3001’’ last policy functions performed within the modified 66 FR 15264 (March 16, 2001). agency or by a contractor, consultant or Centers for Disease Control and The name of the Agency has been grantee; (2) assist another Federal Prevention changed from HCFA to the Centers for agency to conduct activities related to Medicare & Medicaid Services (CMS). this system; and (3) support litigation Public Health Security and We will modify the system name to involving the agency. We have provided Bioterrorism Preparedness and read: ‘‘Record of Individuals Authorized background information about the Response Act Delegation of Authority Entry to the CMS Building via a Card modified system in the SUPPLEMENTARY Notice is hereby given that I have Key Access System (RICKS).’’ We INFORMATION section below. Although delegated to the Director, Centers for propose to assign a new CMS the Privacy Act requires only that CMS Disease Control and Prevention (CDC), identification number to this system to provide an opportunity for interested with authority to redelegate, the simplify the obsolete and confusing persons to comment on the routine uses, following authorities vested in the numbering system originally designed CMS invites comments on all portions Secretary of Health and Human to identify the Bureau, Office, or Center of this notice. See ‘‘Effective Dates’’ Services, under Title III of the Public that maintained information in the section for comment period. Health Service (PHS) Act and the Public HCFA systems of records. The new DATES: Effective Dates: CMS filed a Health Security and Bioterrorism assigned identifying number for this modified or altered system report with Preparedness and Response (PHSBPR) system should read: System No. 09–70– the Chair of the House Committee on Act of 2002 (Pub. L. 107–188) as 0518. Government Reform and Oversight, the amended hereafter, insofar as these We propose to modify existing routine Chair of the Senate Committee on authorities pertain to the functions use number 1 that permits disclosure to Homeland Security & Governmental assigned to the CDC: agency contractors and consultants to Affairs, and the Administrator, Office of • PHS Act, Title III, Section 351A (42 include disclosure to CMS grantees who Information and Regulatory Affairs, U.S.C. 262a), excluding sections (i), perform a task for the agency. CMS Office of Management and Budget (g)(3) and (g)(4) as provided in § 201 of grantees, charged with completing (OMB) on November 13, 2006. To the Act; and projects or activities that require CMS ensure that all parties have adequate • PHSBPR Act, Title II, Subtitle C, data to carry out that activity, are time in which to comment, the modified Section 221 (7 U.S.C. 8411). classified separate from CMS system, including routine uses, will This delegation excludes the authority contractors and/or consultants. The become effective 30 days from the to submit reports to the Congress, but modified routine use will remain as publication of the notice, or 40 days should be exercised under the routine use number 1. We will delete from the date it was submitted to OMB Department’s existing delegation of routine use number 3 authorizing and Congress, whichever is later, unless authority and policy on regulations. disclosure to support constituent CMS receives comments that require This delegation is effective upon requests made to a congressional alterations to this notice. signature. In addition, I hereby affirm representative. If an authorization for ADDRESSES: The public should address and ratify any actions taken by you or the disclosure has been obtained from comments to: CMS Privacy Officer, your subordinates which involved the the data subject, then no routine use is Division of Privacy Compliance, exercise of the authorities delegated needed. The Privacy Act allows for Enterprise Architecture and Strategy herein prior to the effective day of the disclosures with the ‘‘prior written Group, Office of Information Services, delegation. consent’’ of the data subject. CMS, Room N2–04–27, 7500 Security

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Boulevard, Baltimore, MD 21244–1850. purpose of RICKS. CMS has the accomplishing CMS function relating to Comments received will be available for following policies and procedures purposes for this system. review at this location, by appointment, concerning disclosures of information CMS occasionally contracts out during regular business hours, Monday that will be maintained in the system. certain of its functions when doing so through Friday from 9 a.m.–3 p.m., Disclosure of information from this would contribute to effective and eastern time zone. system will be approved only to the efficient operations. CMS must be able FOR FURTHER INFORMATION CONTACT: extent necessary to accomplish the to give a contractor, consultant or Marcia Levin, Security System purpose of the disclosure and only after grantee whatever information is Administrator, Emergency Resources CMS: necessary for the contractor or Management and Response Group, 1. Determines that the use or consultant to fulfill its duties. In these Office of Operations Management, CMS, disclosure is consistent with the reason situations, safeguards are provided in Room SLL–11–08, CMS, 7500 Security that the data is being collected, e.g., to the contract prohibiting the contractor, Boulevard, Baltimore, MD 21244–1850. collect and maintain information to consultant or grantee from using or Ms. Levin can be reached by telephone issue and control United States disclosing the information for any at 410–786–7840, or via e-mail at Government card keys to all CMS purpose other than that described in the [email protected]. employees and other authorized contract and requires the contractor, individuals. consultant or grantee to return or SUPPLEMENTARY INFORMATION: 2. Determines: destroy all information at the I. Description of the Modified or a. That the purpose for which the completion of the contract. Altered System of Records disclosure is to be made can only be 2. To assist another Federal agency to accomplished if the record is provided conduct activities related to this system A. Statutory and Regulatory Basis for in individually identifiable form; of records and who need to have access System b. That the purpose for which the to the records in order to perform the The authority for this system is given disclosure is to be made is of sufficient activity. under the provisions of 5 United States importance to warrant the potential We contemplate disclosing Code (U.S.C.) 301, 40 U.S.C. 121, 41 effect and/or risk on the privacy of the information under this routine use only Code of Federal Regulations (CFR) Part individual that additional exposure of in situations in which CMS may enter 102–74, Subpart C (Conduct on Federal the record might bring; and into a contractual or similar agreement Property), 5 U.S.C. 552a(e)(10), and c. That there is a strong probability with another Federal agency to assist in Office of Management and Budget that the proposed use of the data would accomplishing CMS functions relating Circular A–123, ‘‘Internal Control in fact accomplish the stated purpose(s). to purposes for this system of records. Systems.’’ 3. Requires the information recipient The Federal Protection Service may to: require RICKS information if B. Collection and Maintenance of Data a. Establish administrative, technical, in the System investigating a crime and/or in the and physical safeguards to prevent administration of its assigned The system collects and maintains unauthorized use of disclosure of the responsibilities. information on Federal employees, record; and 3. To support the Department of contractors and consultants, b. Remove or destroy at the earliest Justice (DOJ), court or adjudicatory body Government Services Administration time all patient-identifiable information. when: (GSA) employees, and contract guards 4. Determines that the data are valid a. The agency or any component working in the central office complex in and reliable. thereof, or Baltimore. The information maintained III. Proposed Routine Use Disclosures b. Any employee of the agency in his contains the individual’s name, of Data in the System or her official capacity, or assigned card key number, demographic c. Any employee of the agency in his and geographic information, and the A. The Privacy Act allows us to or her individual capacity where the building/secure area location. The disclose information without an DOJ has agreed to represent the system also contains the date and time individual’s consent if the information employee, or of actual or attempted entry to secured is to be used for a purpose that is d. The United States Government is a areas. compatible with the purpose(s) for party to litigation or has an interest in which the information was collected. such litigation, and by careful review, II. Agency Policies, Procedures, and Any such compatible use of data is CMS determines that the records are Restrictions on the Routine Use known as a ‘‘routine use.’’ The proposed both relevant and necessary to the A. The Privacy Act permits us to routine uses in this system meet the litigation and that the use of such disclose information without an compatibility requirement of the Privacy records by the DOJ, court or individual’s consent if the information Act. We are proposing to establish the adjudicatory body is compatible with is to be used for a purpose that is following routine use disclosures of the purpose for which the agency compatible with the purpose(s) for information maintained in the system: collected the records. which the information was collected. 1. To support agency contractors, Whenever CMS is involved in Any such disclosure of data is known as consultants, or grantees, who have been litigation, and occasionally when a ‘‘routine use.’’ The government will engaged by the agency to assist in the another party is involved in litigation only release RICKS information that can performance of a service related to this and CMS’ policies or operations could be associated with an individual as collection and who need to have access be affected by the outcome of the provided for under ‘‘Section III. to the records in order to perform the litigation, CMS would be able to Proposed Routine Use Disclosures of activity. disclose information to the DOJ, court or Data in the System.’’ Both identifiable We contemplate disclosing adjudicatory body involved. and non-identifiable data may be information under this routine use only disclosed under a routine use. in situations in which CMS may enter IV. Safeguards We will only collect the minimum into a contractual or similar agreement CMS has safeguards in place for personal data necessary to achieve the with a third party to assist in authorized users and monitors such

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users to ensure against unauthorized anticipate an unfavorable effect on agency or by a contractor, consultant or use. Personnel having access to the individual privacy as a result of grantee; (2) assist another Federal system have been trained in the Privacy information relating to individuals. agency to conduct activities related to Act and information security Dated: November 8, 2006. this system; and (3) support litigation requirements. Employees who maintain John R. Dyer, involving the agency. records in this system are instructed not to release data until the intended Chief Operating Officer, Centers for Medicare ROUTINE USES OF RECORDS MAINTAINED IN THE & Medicaid Services. SYSTEM, INCLUDING CATEGORIES OF USERS AND recipient agrees to implement THE PURPOSES OF SUCH USES: appropriate management, operational SYSTEM NO. 09–70–0518 A. The Privacy Act allows us to and technical safeguards sufficient to disclose information without an protect the confidentiality, integrity and SYSTEM NAME: individual’s consent if the information availability of the information and ‘‘Record of Individuals Authorized information systems and to prevent Entry to CMS Building via a Card Key is to be used for a purpose that is unauthorized access. Access System (RICKS), HHS/CMS/ compatible with the purpose(s) for This system will conform to all OOM’’. which the information was collected. applicable Federal laws and regulations Any such compatible use of data is SECURITY CLASSIFICATION: and Federal, HHS, and CMS policies known as a ‘‘routine use.’’ and standards as they relate to Level Three Privacy Act Sensitive The proposed routine uses in this information security and data privacy. Data. system meet the compatibility requirement of the Privacy Act. We are These laws and regulations may apply SYSTEM LOCATION: but are not limited to: the Privacy Act proposing to establish the following The Centers for Medicare & Medicaid of 1974; the Federal Information routine use disclosures of information Services (CMS) Data Center, 7500 Security Management Act of 2002; the maintained in the system: Computer Fraud and Abuse Act of 1986; Security Boulevard, North Building, 1. To support agency contractors, the Health Insurance Portability and First Floor, Baltimore, Maryland 21244– consultants, or grantees, who have been Accountability Act of 1996; 1850 and South Building, Baltimore, engaged by the agency to assist in the the E-Government Act of 2002, the Maryland 21244–1850. performance of a service related to this collection and who need to have access Clinger-Cohen Act of 1996; the CATEGORIES OF INDIVIDUALS COVERED BY THE to the records in order to perform the Medicare Modernization Act of 2003, SYSTEM: activity. and the corresponding implementing The system collects and maintains regulations. OMB Circular A–130, 2. To assist another Federal agency to information on Federal employees, conduct activities related to this system Management of Federal Resources, contractors and consultants, Appendix III, Security of Federal of records and who need to have access Government Services Administration to the records in order to perform the Automated Information Resources also (GSA) employees, and contract guards applies. Federal, HHS, and CMS activity. working in the central office complex in 3. To support the Department of policies and standards include but are Baltimore. Justice (DOJ), court or adjudicatory body not limited to: All pertinent National when: Institute of Standards and Technology CATEGORIES OF RECORDS IN THE SYSTEM: a. The agency or any component publications; the HHS Information The information maintained contains thereof, or Systems Program Handbook and the the individual’s name, assigned card b. Any employee of the agency in his CMS Information Security Handbook. key number, demographic and or her official capacity, or V. Effects of the Modified or Altered geographic information, and the c. Any employee of the agency in his System of Records on Individual Rights building/secure area location. The or her individual capacity where the system also contains the date and time DOJ has agreed to represent the CMS proposes to modify this system of actual or attempted entry to secured in accordance with the principles and employee, or areas. d. The United States Government is a requirements of the Privacy Act and will party to litigation or has an interest in collect, use, and disseminate AUTHORITY FOR MAINTENANCE OF THE SYSTEM: such litigation, and by careful review, information only as prescribed therein. The authority for this system is given CMS determines that the records are Data in this system will be subject to the under the provisions of 5 United States both relevant and necessary to the authorized releases in accordance with Code (U.S.C.) 301, 40 U.S.C. 121, 41 litigation and that the use of such the routine uses identified in this Code of Federal Regulations (CFR) Part records by the DOJ, court or system of records. 102–74, Subpart C (Conduct on Federal adjudicatory body is compatible with CMS will take precautionary Property), 5 U.S.C. 552a(e)(10), and measures (see item IV above) to the purpose for which the agency Office of Management and Budget collected the records. minimize the risks of unauthorized Circular A–123, ‘‘Internal Control access to the records and the potential Systems.’’ POLICIES AND PRACTICES FOR STORING, harm to individual privacy or other RETRIEVING, ACCESSING, RETAINING, AND personal or property rights of patients PURPOSE(S) OF THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: whose data are maintained in the The primary purpose of the system of STORAGE: system. CMS will collect only that records is to issue and control United All records are stored on paper and information necessary to perform the States Government card keys to all CMS magnetic disk. system’s functions. In addition, CMS employees and other authorized will make disclosure from the proposed individuals who require access into RETRIEVABILITY: system only with consent of the subject certain designated or secured areas. Magnetic media records are retrieved individual, or his/her legal Information retrieved from this system by the name of the employees or other representative, or in accordance with an of records will also be disclosed to: (1) authorized individual and/or card key applicable exception provision of the Support regulatory, reimbursement, and number. Paper records are retrieved Privacy Act. CMS, therefore, does not policy functions performed within the alphabetically by name.

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SAFEGUARDS: Furnishing the SSN is voluntary, but it We propose to modify existing routine CMS has safeguards in place for may make searching for a record easier use number 2 that permits disclosure to authorized users and monitors such and prevent delay. agency contractors and consultants to users to ensure against unauthorized include disclosure to CMS grantees who RECORD ACCESS PROCEDURE: use. Personnel having access to the perform a task for the agency. CMS system have been trained in the Privacy For purpose of access, use the same grantees, charged with completing Act and information security procedures outlined in Notification projects or activities that require CMS requirements. Employees who maintain Procedures above. Requestors should data to carry out that activity, are records in this system are instructed not also specify the record contents being classified separately from CMS to release data until the intended sought. (These procedures are in contractors and/or consultants. The recipient agrees to implement accordance with department regulation modified routine use will be appropriate management, operational 45 CFR 5b.5(a)(2).) renumbered as routine use number 1. We will delete routine use number 3 and technical safeguards sufficient to CONTESTING RECORDS PROCEDURES: protect the confidentiality, integrity and authorizing disclosure to support The subject individual should contact constituent requests made to a availability of the information and the system manager named above, and information systems and to prevent congressional representative. If an reasonably identify the records and authorization for the disclosure has unauthorized access. specify the information to be contested. This system will conform to all been obtained from the data subject, State the corrective action sought and applicable Federal laws and regulations then no routine use is needed. The the reasons for the correction with and Federal, HHS, and CMS policies Privacy Act allows for disclosures with supporting justification. (These and standards as they relate to the ‘‘prior written consent’’ of the data Procedures are in accordance with information security and data privacy. subject. Department regulation 45 CFR 5b.7.) These laws and regulations may apply We propose to broaden the scope of but are not limited to: The Privacy Act RECORDS SOURCE CATEGORIES: the disclosure provisions of this system of 1974; the Federal Information by adding a routine use to permit the The data contained in this system of release of information to another Security Management Act of 2002; the records are obtained from the Computer Fraud and Abuse Act of 1986; Federal or state agency to contribute to individuals who submit a request for the accuracy of CMS’ proper payment of the Health Insurance Portability and access to a secure building or area. Accountability Act of 1996; the E- Medicare benefits, to enable such Government Act of 2002, the Clinger- SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS agency to administer a Federal health Cohen Act of 1996; the Medicare OF THE ACT: benefits program, and/or as necessary to Modernization Act of 2003, and the None. enable such agency to fulfill a corresponding implementing requirement of a Federal statute or [FR Doc. E6–19503 Filed 11–17–06; 8:45 am] regulation that implements a health regulations. OMB Circular A–130, BILLING CODE 4120–03–P Management of Federal Resources, benefits program funded in whole or in Appendix III, Security of Federal part with Federal funds, to evaluate and to monitor the amount and kinds of Automated Information Resources also DEPARTMENT OF HEALTH AND services received by Medicare applies. Federal, HHS, and CMS HUMAN SERVICES beneficiaries contracting cancer. The policies and standards include but are added routine use will be numbered as not limited to: All pertinent National Centers for Medicare & Medicaid Services routine use number 2. Institute of Standards and Technology We will further broaden the scope of publications; the HHS Information this system by including the section Systems Program Handbook and the Privacy Act of 1974; Report of a Modified or Altered System titled ‘‘Additional Circumstances CMS Information Security Handbook. Affecting Routine Use Disclosures,’’ that RETENTION AND DISPOSAL: AGENCY: Department of Health and addresses ‘‘Protected Health Information Records are retained for up to 3 years Human Services (HHS), Centers for (PHI)’’ and ‘‘small cell size.’’ The following expiration of an individual’s Medicare & Medicaid Services (CMS). requirement for compliance with HHS authority to enter secured areas. When ACTION: Notice of a Modified or Altered regulation ‘‘Standards for Privacy of an individual is no longer authorized, System of Records (SOR). Individually Identifiable Health information is deleted from magnetic Information’’ applies whenever the SUMMARY: In accordance with the media immediately. system collects or maintains PHI. This requirements of the Privacy Act, we are system may contain PHI. In addition, SYSTEM MANAGER AND ADDRESS: proposing to modify or alter an existing our policy to prohibit release if there is Director, Emergency Management and SOR titled, ‘‘Medicare-Cancer Registry a possibility that an individual can be Response Group, Office of Operations Record System (MCR), System No. 09– identified through ‘‘small cell size’’ will Management, CMS, Room SLL–11–28, 70–0042,’’ established at 53 FR 38082 apply to the data disclosed from this 7500 Security Boulevard, Baltimore, (September 29, 1988), and most recently system. Maryland 21244–1850. modified at 65 FR 37792 (June 16, We are modifying the language in the 2000). We propose to assign a new CMS remaining routine uses to provide a NOTIFICATION PROCEDURE: identification number to this system to proper explanation as to the need for the For purpose of access, the subject simplify the obsolete and confusing routine use and to provide clarity to individual should write to the system numbering system originally designed CMS’s intention to disclose individual- manager who will require the system to identify the Bureau, Office, or Center specific information contained in this name, assigned card key number, and that maintained information in the system. The routine uses will then be building/secure area, and for Health Care Financing Administration prioritized and reordered according to verification purposes, the subject systems of records. The new assigned their usage. We will also take the individual’s name (woman’s maiden identifying number for this system opportunity to update any sections of name, if applicable), and SSN. should read: System No. 09–70–0509. the system that were affected by the

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recent reorganization or because of the Boulevard, Baltimore, MD 21244–1850. disclosures of information that will be impact of the Medicare Prescription Comments received will be available for maintained in the system. Disclosure of Drug, Improvement, and Modernization review at this location, by appointment, information from this system will be Act of 2003 (MMA) (Pub. L. 108–173) during regular business hours, Monday approved only to the extent necessary to provisions and to update language in through Friday from 9 a.m.–3 p.m., accomplish the purpose of the the administrative sections to eastern time zone. disclosure and only after CMS: correspond with language used in other FOR FURTHER INFORMATION CONTACT: 1. Determines that the use or CMS SORs. Gerald Riley, Social Science Research disclosure is consistent with the reason The primary purpose of the system of Analyst, Division of Health Systems that the data is being collected, e.g., to records is to link individual-level data Research, Research and Evaluations understand and evaluate the amount from the Surveillance, Epidemiology, Group, Office of Research, Development and kinds of services received by and End Results (SEER) tumor registry and Information, CMS, Mail Stop C3– Medicare beneficiaries contracting system, operated by the National Cancer 20–11, 7500 Security Boulevard, cancer. Institute (NCI), with Medicare Baltimore, MD 21244–1850. He can also 2. Determines: enrollment and claims data. This linked be reached by telephone at 410–786– a. That the purpose for which the file will greatly enhance CMS’s and 6699, or via e-mail at disclosure is to be made can only be NCI’s ability to understand and evaluate [email protected]. accomplished if the record is provided the amount and kinds of services in individually identifiable form; SUPPLEMENTARY INFORMATION: received by Medicare beneficiaries b. That the purpose for which the contracting cancer. Information I. Description of the Modified or disclosure is to be made is of sufficient retrieved from this system of records Altered System of Records importance to warrant the potential will also be disclosed to: (1) Support effect and/or risk on the privacy of the A. Statutory and Regulatory Basis for individual that additional exposure of regulatory, reimbursement, and policy System functions performed within the agency the record might bring; and or by a contractor, consultant or grantee; Authority for the collection and c. That there is a strong probability (2) assist another Federal or state agency maintenance of this system is given that the proposed use of the data would to conduct activities related to this under the provisions of section 1875(a) in fact accomplish the stated purpose(s). system; (3) support research, evaluation, of the Social Security Act (42 U.S.C. 3. Requires the information recipient or epidemiological projects related to 139511(a)) and sections 301 and 410– to: the prevention of disease or disability, 416 of the Public Health Service Act (42 a. Establish administrative, technical, or the restoration or maintenance of U.S.C. 241 and 285–285a–5). and physical safeguards to prevent health, and for payment related projects; unauthorized use of disclosure of the B. Collection and Maintenance of Data record; and and (4) support litigation involving the in the System agency. We have provided background b. Remove or destroy at the earliest information about the modified system The system collects and maintains time all patient-identifiable information. information on Medicare beneficiaries 4. Determines that the data are valid in the SUPPLEMENTARY INFORMATION diagnosed with cancer in 12 geographic section below. Although the Privacy Act and reliable. areas of the United States. Data is requires only that CMS provide an III. Proposed Routine Use Disclosures collected from 12 Surveillance, opportunity for interested persons to of Data in the System Epidemiology, and End Results (SEER) comment on the routine uses, CMS program cancer registries linked with A. The Privacy Act allows us to invites comments on all portions of this Medicare enrollment and claims data. disclose information without an notice. See ‘‘Effective Dates’’ section for The areas covered by the 12 registries individual’s consent if the information comment period. are Iowa, Utah, Hawaii, New Mexico, is to be used for a purpose that is DATES: Effective Dates: CMS filed a Connecticut, New Jersey, California, compatible with the purpose(s) for modified or altered system report with Louisiana, Kentucky, Atlanta, Detroit, which the information was collected. the Chair of the House Committee on and western Washington. Any such compatible use of data is Government Reform and Oversight, the known as a ‘‘routine use.’’ The proposed Chair of the Senate Committee on II. Agency Policies, Procedures, and routine uses in this system meet the Homeland Security & Governmental Restrictions on Routine Use compatibility requirement of the Privacy Affairs, and the Administrator, Office of A. The Privacy Act permits us to Act. We are proposing to establish the Information and Regulatory Affairs, disclose information without an following routine use disclosures of Office of Management and Budget individual’s consent if the information information maintained in the system: (OMB) on November 9, 2006. To ensure is to be used for a purpose that is 1. To support agency contractors, that all parties have adequate time in compatible with the purpose(s) for consultants, or grantees, who have been which to comment, the modified which the information was collected. engaged by the agency to assist in the system, including routine uses, will Any such disclosure of data is known as performance of a service related to this become effective 30 days from the a ‘‘routine use.’’ The government will collection and who need to have access publication of the notice, or 40 days only release MCR information that can to the records in order to perform the from the date it was submitted to OMB be associated with an individual as activity. and Congress, whichever is later, unless provided for under ‘‘Section III. We contemplate disclosing CMS receives comments that require Proposed Routine Use Disclosures of information under this routine use only alterations to this notice. Data in the System.’’ Both identifiable in situations in which CMS may enter ADDRESSES: The public should address and non-identifiable data may be into a contractual or similar agreement comments to: CMS Privacy Officer, disclosed under a routine use. with a third party to assist in Division of Privacy Compliance, We will only collect the minimum accomplishing CMS function relating to Enterprise Architecture and Strategy personal data necessary to achieve the purposes for this system. Group, Office of Information Services, purpose of MCR. CMS has the following CMS occasionally contracts out CMS, Room N2–04–27, 7500 Security policies and procedures concerning certain of its functions when doing so

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would contribute to effective and a. The agency or any component availability of the information and efficient operations. CMS must be able thereof, or information systems and to prevent to give a contractor, consultant or b. Any employee of the agency in his unauthorized access. grantee whatever information is or her official capacity, or c. Any employee of the agency in his This system will conform to all necessary for the contractor or applicable Federal laws and regulations consultant to fulfill its duties. In these or her individual capacity where the and Federal, HHS, and CMS policies situations, safeguards are provided in DOJ has agreed to represent the and standards as they relate to the contract prohibiting the contractor, employee, or consultant or grantee from using or d. The United States Government is a information security and data privacy. disclosing the information for any party to litigation or has an interest in These laws and regulations may apply purpose other than that described in the such litigation, and by careful review, but are not limited to: The Privacy Act contract and requires the contractor, CMS determines that the records are of 1974; the Federal Information consultant or grantee to return or both relevant and necessary to the Security Management Act of 2002; the destroy all information at the litigation and that the use of such Computer Fraud and Abuse Act of 1986; completion of the contract. records by the DOJ, court or the Health Insurance Portability and 2. To assist another Federal or state adjudicatory body is compatible with Accountability Act of 1996; the E- agency to: the purpose for which the agency Government Act of 2002, the Clinger- a. Contribute to the accuracy of CMS’s collected the records. Cohen Act of 1996; the Medicare proper payment of Medicare benefits, Whenever CMS is involved in Modernization Act of 2003, and the b. Enable such agency to administer a litigation, and occasionally when corresponding implementing Federal health benefits program, or as another party is involved in litigation regulations. OMB Circular A–130, necessary to enable such agency to and CMS’ policies or operations could Management of Federal Resources, fulfill a requirement of a Federal statute be affected by the outcome of the Appendix III, Security of Federal litigation, CMS would be able to or regulation that implements a health Automated Information Resources also disclose information to the DOJ, court or benefits program funded in whole or in applies. Federal, HHS, and CMS adjudicatory body involved. part with Federal funds, and/or policies and standards include but are c. Evaluate and monitor the amount B. Additional Provisions Affecting not limited to: All pertinent National and kinds of services received by Routine Use Disclosures Institute of Standards and Technology Medicare beneficiaries contracting To the extent this system contains publications; the HHS Information cancer. Protected Health Information (PHI) as Systems Program Handbook and the Other Federal or state agencies in defined by HHS regulation ‘‘Standards CMS Information Security Handbook. their administration of a Federal health for Privacy of Individually Identifiable V. Effects of the Modified System of program may require MCR information Health Information’’ (45 CFR parts 160 in order to support evaluations and and 164, subparts A and E) 65 FR 82462 Records on Individual Rights monitoring of services received and (12–28–00). Disclosures of such PHI that reimbursement for services provided. CMS proposes to modify this system are otherwise authorized by these in accordance with the principles and 3. To assist an individual or routine uses may only be made if, and organization for research, evaluation or requirements of the Privacy Act and will as, permitted or required by the collect, use, and disseminate epidemiological projects related to the ‘‘Standards for Privacy of Individually information only as prescribed therein. prevention of disease or disability, or Identifiable Health Information.’’ (See Data in this system will be subject to the the restoration or maintenance of health, 45 CFR 164–512(a)(1)). and for payment related projects. In addition, our policy will be to authorized releases in accordance with The collected data will provide the prohibit release even of data not directly the routine uses identified in this research, evaluation and identifiable, except pursuant to one of system of records. epidemiological projects a broader, the routine uses or if required by law, CMS will take precautionary longitudinal, national perspective of the if we determine there is a possibility measures (see item IV above) to data. CMS anticipates that many that an individual can be identified minimize the risks of unauthorized researchers will have legitimate requests through implicit deduction based on access to the records and the potential to use these data in projects that could small cell sizes (instances where the harm to individual privacy or other ultimately improve the care provided to patient population is so small that personal or property rights of patients Medicare patients and the policy that individuals could, because of the small whose data are maintained in the governs the care. CMS understands the size, use this information to deduce the system. CMS will collect only that concerns about the privacy and identity of the beneficiary). confidentiality of the release of data for information necessary to perform the a research use. Disclosure of data for IV. Safeguards system’s functions. In addition, CMS research and evaluation purposes may CMS has safeguards in place for will make disclosure from the proposed involve aggregate data rather than authorized users and monitors such system only with consent of the subject individual-specific data. users to ensure against unauthorized individual, or his/her legal We contemplate disclosing use. Personnel having access to the representative, or in accordance with an information under this routine use only system have been trained in the Privacy applicable exception provision of the in situations in which CMS may enter Act and information security Privacy Act. CMS, therefore, does not into a contractual or similar agreement requirements. Employees who maintain anticipate an unfavorable effect on with another Federal agency to assist in records in this system are instructed not individual privacy as a result of accomplishing CMS functions relating to release data until the intended information relating to individuals. to purposes for this system of records. recipient agrees to implement 4. To support the Department of appropriate management, operational Justice (DOJ), court or adjudicatory body and technical safeguards sufficient to when: protect the confidentiality, integrity and

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Dated: November 8, 2006. agency to conduct activities related to to the litigation and that the use of such John R. Dyer, this system; (3) support research, records by the DOJ, court or Chief Operating Officer, Centers for Medicare evaluation, or epidemiological projects adjudicatory body is compatible with & Medicaid Services. related to the prevention of disease or the purpose for which the agency disability, or the restoration or collected the records. SYSTEM NO. 09–70–0509 maintenance of health, and for payment B. Additional Provisions Affecting SYSTEM NAME: related projects; and (4) support Routine Use Disclosures. To the extent ‘‘Medicare-Cancer Registry Record litigation involving the agency. this system contains Protected Health System (MCR),’’ HHS/CMS/ORDI. Information (PHI) as defined by HHS ROUTINE USES OF RECORDS MAINTAINED IN THE regulation ‘‘Standards for Privacy of SYSTEM INCLUDING CATEGORIES OR USERS AND SECURITY CLASSIFICATION: , THE PURPOSES OF SUCH USES: Individually Identifiable Health Level Three Privacy Act Sensitive Information’’ (45 CFR parts 160 and 164, A. The Privacy Act allows us to Data. subparts A and E) 65 FR 82462 (12–28– disclose information without an 00). Disclosures of such PHI that are SYSTEM LOCATION: individual’s consent if the information otherwise authorized by these routine is to be used for a purpose that is The Centers for Medicare & Medicaid uses may only be made if, and as, compatible with the purpose(s) for Services (CMS) Data Center, 7500 permitted or required by the ‘‘Standards which the information was collected. Security Boulevard, North Building, for Privacy of Individually Identifiable Any such compatible use of data is First Floor, Baltimore, Maryland 21244– Health Information’’ (See 45 CFR 164– known as a ‘‘routine use.’’ The proposed 1850 and South Building, Baltimore, 512(a)(1)). Maryland 21244–1850. routine uses in this system meet the In addition, our policy will be to compatibility requirement of the Privacy prohibit release even of data not directly CATEGORIES OF INDIVIDUALS COVERED BY THE Act. We are proposing to establish the SYSTEM: identifiable, except pursuant to one of following routine use disclosures of The system collects and maintains the routine uses or if required by law, information maintained in the system: if we determine there is a possibility information on Medicare beneficiaries 1. To support agency contractors, that an individual can be identified diagnosed with cancer in 12 geographic consultants, or grantees, who have been through implicit deduction based on areas of the United States. engaged by the agency to assist in the small cell sizes (instances where the performance of a service related to this CATEGORIES OF RECORDS IN THE SYSTEM: patient population is so small that collection and who need to have access The system collects and maintains individuals could, because of the small to the records in order to perform the data from 12 Surveillance, size, use this information to deduce the activity. Epidemiology, and End Results (SEER) identity of the beneficiary). program cancer registries linked with 2. To assist another Federal or state Medicare enrollment and claims data. agency to: POLICIES AND PRACTICES FOR STORING, a. Contribute to the accuracy of CMS’s RETRIEVING, ACCESSING, RETAINING, AND The areas covered by the 12 registries proper payment of Medicare benefits, DISPOSING OF RECORDS IN THE SYSTEM: are Iowa, Utah, Hawaii, New Mexico, b. Enable such agency to administer a Connecticut, New Jersey, California, STORAGE: Federal health benefits program, or as Louisiana, Kentucky, Atlanta, Detroit, All records are stored on paper and necessary to enable such agency to and Western Washington State. magnetic disk. fulfill a requirement of a Federal statute AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or regulation that implements a health RETRIEVABILITY: Authority for the collection and benefits program funded in whole or in Magnetic media records are retrieved maintenance of this system is given part with federal funds, and/or by the name of the employees or other under the provisions of section 1875(a) c. Evaluate and monitor the amount authorized individual and/or card key of the Social Security Act (42 United and kinds of services received by number. Paper records are retrieved States Code (U.S.C.) 139511(a)) and Medicare beneficiaries contracting alphabetically by name. sections 301 and 410–416 of the Public cancer. SAFEGUARDS: Health Service Act (42 U.S.C. 241 and 3. To assist an individual or 285–285a–5). organization for research, evaluation or CMS has safeguards in place for epidemiological projects related to the authorized users and monitors such PURPOSE(S) OF THE SYSTEM: prevention of disease or disability, or users to ensure against unauthorized The primary purpose of the system of the restoration or maintenance of health, use. Personnel having access to the records is to link individual-level data and for payment related projects. system have been trained in the Privacy from the Surveillance, Epidemiology, 4. To support the Department of Act and information security and End Results (SEER) tumor registry Justice (DOJ), court or adjudicatory body requirements. Employees who maintain system, operated by the National Cancer when: records in this system are instructed not Institute (NCI), with Medicare a. The agency or any component to release data until the intended enrollment and claims data. This linked thereof, or recipient agrees to implement file will greatly enhance CMS’s and b. Any employee of the agency in his appropriate management, operational NCI’s ability to understand and evaluate or her official capacity, or and technical safeguards sufficient to the amount and kinds of services c. Any employee of the agency in his protect the confidentiality, integrity and received by Medicare beneficiaries or her individual capacity where the availability of the information and contracting cancer. Information DOJ has agreed to represent the information systems and to prevent retrieved from this system of records employee, or unauthorized access. will also be disclosed to: (1) Support d. The United States Government This system will conform to all regulatory, reimbursement, and policy Is a party to litigation or has an applicable Federal laws and regulations functions performed within the agency interest in such litigation, and by careful and Federal, HHS, and CMS policies or by a contractor, consultant or CMS review, CMS determines that the and standards as they relate to grantee; (2) assist another Federal records are both relevant and necessary information security and data privacy.

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These laws and regulations may apply RECORDS SOURCE CATEGORIES: authorization for the disclosure has but are not limited to: The Privacy Act Surveillance, Epidemiology, and End been obtained from the data subject, of 1974; the Federal Information Results (SEER) program cancer registry then no routine use is needed. The Security Management Act of 2002; the records and Medicare enrollment and Privacy Act allows for disclosures with Computer Fraud and Abuse Act of 1986; claims files. the ‘‘prior written consent’’ of the data the Health Insurance Portability and subject. Accountability Act of 1996; the E– SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS We are modifying the language in the OF THE ACT: Government Act of 2002, the Clinger- remaining routine uses to provide a Cohen Act of 1996; the Medicare None. proper explanation as to the need for the Modernization Act of 2003, and the [FR Doc. E6–19504 Filed 11–17–06; 8:45 am] routine use and to provide clarity to corresponding implementing BILLING CODE 4120–03–P CMS’s intention to disclose individual- regulations. OMB Circular A–130, specific information contained in this Management of Federal Resources, system. The routine uses will then be Appendix III, Security of Federal DEPARTMENT OF HEALTH AND prioritized and reordered according to Automated Information Resources also HUMAN SERVICES their usage. We will also take the applies. Federal, HHS, and CMS opportunity to update any sections of policies and standards include but are Centers for Medicare & Medicaid the system that were affected by the not limited to: All pertinent National Services recent reorganization or because of the Institute of Standards and Technology impact of the Medicare Prescription publications; the HHS Information Privacy Act of 1974; Report of a Drug, Improvement, and Modernization Systems Program Handbook and the Modified or Altered System of Records Act of 2003 (MMA) (Pub. L. 108–173) CMS Information Security Handbook. AGENCY: Department of Health and provisions and to update language in Human Services (HHS), Centers for the administrative sections to RETENTION AND DISPOSAL: Medicare & Medicaid Services (CMS). correspond with language used in other Records are maintained in a secure ACTION: Notice of a Modified or Altered CMS SORs. storage area with identifiers as long as System of Records (SOR). The primary purpose of this modified needed for program research. Records system is to collect and maintain billing will be disposed 3 years after research SUMMARY: In accordance with the and utilization data on Medicare is completed. Privacy Act of 1974, we are proposing beneficiaries enrolled in hospital to modify or alter an existing SOR, insurance (Part A) or medical insurance SYSTEM MANAGER AND ADDRESS: ‘‘National Claims History (NCH),’’ (Part B) of the Medicare program for Director, Division of Health Systems System No. 09–70–0005, last published statistical and research purposes related Research, Research and Evaluations at 67 FR 57015 (September 6, 2002). We to evaluating and studying the operation Group, Office of Research Development propose to assign a new CMS and effectiveness of the Medicare and Information. identification number to this system to program. The information retrieved simplify the obsolete and confusing from this system of records will also be NOTIFICATION PROCEDURE: numbering system originally designed disclosed to: (1) Support regulatory, For purpose of access, the subject to identify the Bureau, Office, or Center reimbursement, and policy functions individual should write to the system that maintained information in the performed within the agency or by a manager who will require the system Health Care Financing Administration contractor, consultant, or grantee; (2) name, assigned card key number, and systems of records. The new assigned assist another Federal or state agency, building/secure area, and for identifying number for this system agency of a state government, an agency verification purposes, the subject should read: System No. 09–70–0558. established by state law, or its fiscal individual’s name (woman’s maiden We propose to modify existing routine agent; (3)support providers and name, if applicable), and SSN. use number one that permits disclosure suppliers of services for administration Furnishing the SSN is voluntary, but it to agency contractors and consultants to of Title XVIII; (4) assist third parties may make searching for a record easier include disclosure to CMS grantees who where the contact is expected to have and prevent delay. perform a task for the agency. CMS information relating to the individual’s grantees, charged with completing capacity to manage his or her own RECORD ACCESS PROCEDURE: projects or activities that require CMS affairs; (5) assist QIOs; (6) process For purpose of access, use the same data to carry out that activity, are individual insurance claims by other procedures outlined in Notification classified separate from CMS insurers; (7) facilitate research on the Procedures above. Requestors should contractors and/or consultants. The quality and effectiveness of care also specify the record contents being modified routine use will remain as provided, as well as payment-related sought. (These procedures are in routine use number one. We will projects; (8) support litigation involving accordance with department regulation broaden the scope of routine uses the agency; and (9) combat fraud, waste, 45 CFR 5b.5(a)(2)). number 8 and 9, authorizing disclosures and abuse in Federally-funded health to combat fraud and abuse in the benefits programs. We have provided CONTESTING RECORDS PROCEDURES: Medicare and Medicaid programs to background information about the The subject individual should contact include combating ‘‘waste’’ which refers modified system in the SUPPLEMENTARY the system manager named above, and to specific beneficiary/recipient INFORMATION section below. Although reasonably identify the records and practices that result in unnecessary cost the Privacy Act requires only that CMS specify the information to be contested. to all Federally-funded health benefit provide an opportunity for interested State the corrective action sought and programs. persons to comment on the modified or the reasons for the correction with We will delete routine use number six altered routine uses, CMS invites supporting justification. (These authorizing disclosure to support comments on all portions of this notice. procedures are in accordance with constituent requests made to a See ‘‘Effective Dates’’ section for department regulation 45 CFR 5b.7). congressional representative. If an comment period.

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DATES: Effective Dates: CMS filed a assigned provider number (facility, b. Remove or destroy at the earliest modified or altered system report with referring/servicing physician), time all patient-identifiable information; the Chair of the House Committee on admission date, service dates, diagnosis and Government Reform and Oversight, the and procedural codes, total charges, c. Agree to not use or disclose the Chair of the Senate Committee on Medicare payment amount, and information for any purpose other than Homeland Security & Governmental beneficiary’s liability. the stated purpose under which the Affairs, and the Administrator, Office of information was disclosed. Information and Regulatory Affairs, II. Agency Policies, Procedures, and 4. Determines that the data are valid Office of Management and Budget Restrictions on Routine Uses and reliable. (OMB) on November 14, 2006. To A. Agency Policies, Procedures, and III. Proposed Routine Use Disclosures ensure that all parties have adequate Restrictions on the Routine Use of Data in the System time in which to comment, the modified system, including routine uses, will The Privacy Act permits us to disclose A. The Privacy Act allows us to become effective 30 days from the information without an individual’s disclose information without an publication of the notice, or 40 days consent if the information is to be used individual’s consent if the information from the date it was submitted to OMB for a purpose that is compatible with the is to be used for a purpose that is and Congress, whichever is later, unless purpose(s) for which the information compatible with the purpose(s) for CMS receives comments that require was collected. Any such disclosure of which the information was collected. alterations to this notice. data is known as a ‘‘routine use.’’ The Any such compatible use of data is government will only release NCH ADDRESSES: The public should address known as a ‘‘routine use.’’ The proposed comments to: CMS Privacy Officer, information that can be associated with routine uses in this system meet the Division of Privacy Compliance, an individual as provided for under compatibility requirement of the Privacy Enterprise Architecture and Strategy ‘‘Section III. Proposed Routine Use Act. We are proposing to establish the Group, Office of Information Services, Disclosures of Data in the System.’’ Both following routine use disclosures of CMS, Room N2–04–27, 7500 Security identifiable and non-identifiable data information maintained in the system: Boulevard, Baltimore, MD 21244–1850. may be disclosed under a routine use. 1. To support Agency contractors, Comments received will be available for We will only collect the minimum consultants, or grantees who have been review at this location, by appointment, personal data necessary to achieve the contracted by the Agency to assist in during regular business hours, Monday purpose of NCH. CMS has the following accomplishment of a CMS function through Friday from 9 a.m.—3 p.m., policies and procedures concerning relating to the purposes for this system eastern time zone. disclosures of information that will be and who need to have access to the FOR FURTHER INFORMATION CONTACT: John maintained in the system. Disclosure of records in order to assist CMS. Evangelist, Director, Division of information from this system will be We contemplate disclosing this Integrated Data Program Management, approved only to the extent necessary to information under this routine use only Enterprise Databases Group, Office of accomplish the purpose of the in situations in which CMS may enter Information Services, CMS, Mail Stop disclosure and only after CMS: into a contractual or similar agreement N2–17–07, 7500 Security Boulevard, 1. Determines that the use or with a third party to assist in Baltimore, MD 21244–1850. He can also disclosure is consistent with the reason accomplishing a CMS function relating be reached by telephone at 410–786– that the data is being collected, e.g., to to purposes for this system. CMS occasionally contracts out 2885, or via e-mail at collect and maintain billing and [email protected]. utilization data on Medicare certain of its functions when doing so beneficiaries enrolled in hospital would contribute to effective and SUPPLEMENTARY INFORMATION: insurance (Part A) or medical insurance efficient operations. CMS must be able I. Description of the Modified or (Part B) of the Medicare program for to give a contractor, consultant or Altered System of Records statistical and research purposes related grantee whatever information is to evaluating and studying the operation necessary for the contractor, consultant A. Statutory and Regulatory Basis for and effectiveness of the Medicare or grantee to fulfill its duties. In these SOR program. situations, safeguards are provided in Authority for maintenance of the 2. Determines that: the contract prohibiting the contractor, system is given under §§ 1874 (a) and a. The purpose for which the consultant or grantee from using or 1875 of the Social Security Act (the Act) disclosure is to be made can only be disclosing the information for any and Title 42 United States Code (U.S.C.) accomplished if the record is provided purpose other than that described in the section 1395kk(a) and 1395ll. in individually identifiable form; contract and requires the contractor, consultant or grantee to return or B. Collection and Maintenance of Data b. The purpose for which the destroy all information at the in the System disclosure is to be made is of sufficient completion of the contract. NCH contains billing and utilization importance to warrant the effect and/or 2. To assist another Federal and/or information on Medicare beneficiaries risk on the privacy of the individual that state agency, agency of a state enrolled in hospital insurance (Part A) additional exposure of the record might government, an agency established by or medical insurance (Part B) of the bring; and state law, or its fiscal agent to: Medicare program. Information c. There is a strong probability that a. Contribute to the accuracy of CMS’ maintained in this system includes, but the proposed use of the data would in proper payment of Medicare benefits, is not limited to Medicare billing and fact accomplish the stated purpose(s). b. Enable such agency to administer a utilization data, name, health insurance 3. Requires the information recipient Federal health benefits program, or as claim number, ethnicity, gender, date of to: necessary to enable such agency to birth, state and county code, zip code, a. Establish administrative, technical, fulfill a requirement of a Federal statute as well as the basis for the beneficiary’s and physical safeguards to prevent or regulation that implements a health Medicare entitlement. The system also unauthorized use of disclosure of the benefits program funded in whole or in contains provider characteristics, record; part with Federal funds, and/or

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c. Assist Federal/state Medicaid including proper reimbursement for program integrity assessment, and programs within the state. services provided. prepare summary information for Other Federal or state agencies in 4. To assist third party contact in release to CMS. their administration of a Federal health situations where the party to be 6. To assist insurance companies, program may require NCH information contacted has, or is expected to have underwriters, third party administrators in order to support evaluations and information relating to the individual’s (TPA), employers, self-insurers, group monitoring of Medicare claims capacity to manage his or her affairs or health plans, health maintenance information of beneficiaries, including to his or her eligibility for, or an organizations (HMO), health and proper reimbursement for services entitlement to, benefits under the welfare benefit funds, managed care provided. Medicare program and; organizations, other supplemental The Internal Revenue Service may a. The individual is unable to provide insurers, non-coordinating insurers, require NCH data for the application of the information being sought (an multiple employer trusts, other groups tax penalties against employers and individual is considered to be unable to providing protection against medical employee organizations that contribute provide certain types of information expenses of their enrollees without the to Employer Group Health Plan or Large when any of the following conditions beneficiary’s authorization, and any Group Health Plans that are not in exists: the individual is confined to a entity having knowledge of the compliance with 42 U.S.C. 1395y(b). mental institution, a court of competent occurrence of any event affecting: (a) An In addition, state agencies in their jurisdiction has appointed a guardian to individual’s right to any such benefit or administration of a Federal health manage the affairs of that individual, a payment, or (b) the initial right to any program may require NCH information court of competent jurisdiction has such benefit or payment, for the purpose for the purpose of determining, declared the individual to be mentally of coordination of benefits with the evaluating and/or assessing cost, incompetent, or the individual’s Medicare program and implementation attending physician has certified that effectiveness, and/or the quality of of the Medicare Secondary Payer (MSP) the individual is not sufficiently health care services provided in the provision at 42 U.S.C. 1395y (b). mentally competent to manage his or state. Information to be disclosed shall be her own affairs or to provide the The Railroad Retirement Board limited to Medicare utilization data information being sought, the individual requires NCH information to enable necessary to perform that specific cannot read or write, cannot afford the them to assist in the implementation function. In order to receive the cost of obtaining the information, a and maintenance of the Medicare information, they must agree to: language barrier exist, or the custodian a. Certify that the individual about program. The Social Security of the information will not, as a matter Administration requires NCH data to whom the information is being provided of policy, provide it to the individual), is one of its insured or employees, or is enable them to assist in the or implementation and maintenance of the insured and/or employed by another b. The data are needed to establish the entity for whom they serve as a TPA; Medicare program. validity of evidence or to verify the Disclosure under this routine use b. Utilize the information solely for accuracy of information presented by the purpose of processing the shall be used by state Medicaid agencies the individual, and it concerns one or pursuant to agreements with HHS for individual’s insurance claims; and more of the following: the individual’s c. Safeguard the confidentiality of the determining Medicaid and Medicaid entitlement to benefits under the data and prevent unauthorized access. eligibility, for quality control studies, Medicare program, the amount of Other insurers may require NCH for determining eligibility of recipients reimbursement, and in cases in which information in order to support of assistance under Titles IV, XVIII, and the evidence is being reviewed as a evaluations and monitoring of Medicare XIX of the Act, and for the result of suspected fraud and abuse, claims information of beneficiaries, administration of the Medicaid program. program integrity, quality appraisal, or including proper reimbursement for Data will be released to the state only on evaluation and measurement of services provided. those individuals who are patients activities. 7. To assist an individual or under the services of a Medicaid Third parties contacts require NCH organization for a research project or in program within the state or who are information in order to provide support support of an evaluation project related residents of that state. for the individual’s entitlement to to the prevention of disease or We also contemplate disclosing benefits under the Medicare program; to disability, the restoration or information under this routine use in establish the validity of evidence or to maintenance of health, or payment situations in which state auditing verify the accuracy of information related projects. agencies require NCH information for presented by the individual, and assist The NCH data will provide for auditing state Medicaid eligibility in the monitoring of Medicare claims research or in support of evaluation considerations. CMS may enter into an information of beneficiaries, including projects, a broader, national perspective agreement with state auditing agencies proper reimbursement of services of the status of Medicare beneficiaries. to assist in accomplishing functions provided. CMS anticipates that many researchers relating to purposes for this system. 5. To support Quality Improvement will have legitimate requests to use 3. To support providers and suppliers Organizations (QIO) in order to assist these data in projects that could of services directly or through fiscal the QIO to perform Title XI and Title ultimately improve the care provided to intermediaries or carriers for the XVIII functions relating to assessing and Medicare beneficiaries and the policy administration of Title XVIII of the Act. improving quality of care. that governs the care. Providers and suppliers of services The QIO will work to implement 8. To support the Department of require NCH information in order to quality improvement programs, provide Justice (DOJ), court or adjudicatory body establish the validity of evidence or to consultation to CMS, its contractors, when: verify the accuracy of information and to state agencies. The QIO will a. The agency or any component presented by the individual, as it assist state agencies in related thereof, or concerns the individual’s entitlement to monitoring and enforcement efforts, b. Any employee of the agency in his benefits under the Medicare program, assist CMS and intermediaries in or her official capacity, or

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c. Any employee of the agency in his disclosure is deemed reasonably Government Act of 2002, the Clinger- or her individual capacity where the necessary by CMS to prevent, deter, Cohen Act of 1996; the Medicare DOJ has agreed to represent the discover, detect, investigate, examine, Modernization Act of 2003, and the employee, or prosecute, sue with respect to, defend corresponding implementing d. The United States Government is a against, correct, remedy, or otherwise regulations. OMB Circular A–130, party to litigation or has an interest in combat fraud, waste, or abuse in such Management of Federal Resources, such litigation, and by careful review, programs. Appendix III, Security of Federal CMS determines that the records are Other agencies may require NCH Automated Information Resources also both relevant and necessary to the information for the purpose of applies. Federal, HHS, and CMS litigation and that the use of such combating fraud, waste, and abuse in policies and standards include but are records by the DOJ, court or such federally-funded programs. not limited to: All pertinent National adjudicatory body is compatible with B. Additional Provisions Affecting Institute of Standards and Technology the purpose for which the agency Routine Use Disclosures publications; the HHS Information collected the records. Systems Program Handbook and the Whenever CMS is involved in To the extent this system contains CMS Information Security Handbook. litigation, and occasionally when Protected Health Information (PHI) as another party is involved in litigation defined by HHS regulation ‘‘Standards V. Effects of the Modified System of and CMS’ policies or operations could for Privacy of Individually Identifiable Records on Individual Rights be affected by the outcome of the Health Information’’ (45 CFR parts 160 CMS proposes to modify this system litigation, CMS would be able to and 164, subparts A and E) 65 FR 82462 in accordance with the principles and disclose information to the DOJ, court or (12–28–00). Disclosures of such PHI that requirements of the Privacy Act and will adjudicatory body involved. are otherwise authorized by these 9. To assist a CMS contractor routine uses may only be made if, and collect, use, and disseminate (including, but not necessarily limited as, permitted or required by the information only as prescribed therein. to, fiscal intermediaries and carriers) ‘‘Standards for Privacy of Individually Data in this system will be subject to the that assists in the administration of a Identifiable Health Information.’’ (See authorized releases in accordance with CMS-administered health benefits 45 CFR 164–512 (a)(1)). the routine uses identified in this program, or to a grantee of a CMS- In addition, our policy will be to system of records. administered grant program, when prohibit release even of data not directly CMS will take precautionary disclosure is deemed reasonably identifiable, except pursuant to one of measures to minimize the risks of necessary by CMS to prevent, deter, the routine uses or if required by law, unauthorized access to the records and discover, detect, investigate, examine, if we determine there is a possibility the potential harm to individual privacy prosecute, sue with respect to, defend that an individual can be identified or other personal or property rights of against, correct, remedy, or otherwise through implicit deduction based on patients whose data are maintained in combat fraud, waste, or abuse in such small cell sizes (instances where the the system. CMS will collect only that program. patient population is so small that information necessary to perform the We contemplate disclosing individuals could, because of the small system’s functions. In addition, CMS information under this routine use only size, use this information to deduce the will make disclosure from the proposed in situations in which CMS may enter identity of the beneficiary). system only with consent of the subject into a contractual, grantee, cooperative individual, or his/her legal agreement or consultant relationship IV. Safeguards representative, or in accordance with an with a third party to assist in CMS has safeguards in place for applicable exception provision of the accomplishing CMS functions relating authorized users and monitors such Privacy Act. CMS, therefore, does not to the purpose of combating fraud and users to ensure against unauthorized anticipate an unfavorable effect on abuse. CMS occasionally contracts out use. Personnel having access to the individual privacy as a result of certain of its functions or makes grants system have been trained in the Privacy information relating to individuals. or cooperative agreements when doing Act and information security Dated: November 8, 2006. so would contribute to effective and requirements. Employees who maintain John R. Dyer, efficient operations. CMS must be able records in this system are instructed not to give a contractor, grantee, consultant to release data until the intended Chief Operating Officer, Centers for Medicare & Medicaid Services. or other legal agent whatever recipient agrees to implement information is necessary for the agent to appropriate management, operational SYSTEM NO. 09–70–0558 fulfill its duties. In these situations, and technical safeguards sufficient to safeguards are provided in the contract protect the confidentiality, integrity and SYSTEM NAME: prohibiting the agent from using or availability of the information and ‘‘National Claims History (NCH),’’ disclosing the information for any information systems and to prevent HHS/CMS/OIS. purpose other than that described in the unauthorized access. contract and requiring the agent to This system will conform to all SECURITY CLASSIFICATION: return or destroy all information. applicable Federal laws and regulations 10. To assist another Federal agency and Federal, HHS, and CMS policies Level Three Privacy Act Sensitive or to an instrumentality of any and standards as they relate to Data. governmental jurisdiction within or information security and data privacy. under the control of the United States These laws and regulations may apply SYSTEM LOCATION: (including any State or local but are not limited to: The Privacy Act The Centers for Medicare & Medicaid governmental agency), that administers, of 1974; the Federal Information Services (CMS) Data Center, 7500 or that has the authority to investigate Security Management Act of 2002; the Security Boulevard, North Building, potential fraud, waste, or abuse in, a Computer Fraud and Abuse Act of 1986; First Floor, Baltimore, MD 21244–1850 health benefits program funded in the Health Insurance Portability and and at various contractor sites and at whole or in part by Federal funds, when Accountability Act of 1996; the E- CMS Regional Offices.

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CATEGORIES OF INDIVIDUALS COVERED BY THE ROUTINE USES OF RECORDS MAINTAINED IN THE language barrier exist, or the custodian SYSTEM: SYSTEM, INCLUDING CATEGORIES OR USERS AND of the information will not, as a matter THE PURPOSES OF SUCH USES: NCH contains billing and utilization of policy, provide it to the individual), A. The Privacy Act allows us to or information on Medicare beneficiaries disclose information without an enrolled in hospital insurance (Part A) b. The data are needed to establish the individual’s consent if the information validity of evidence or to verify the or medical insurance (Part B) of the is to be used for a purpose that is accuracy of information presented by Medicare program. compatible with the purpose(s) for the individual, and it concerns one or which the information was collected. more of the following: The individual’s CATEGORIES OF RECORDS IN THE SYSTEM: Any such compatible use of data is entitlement to benefits under the Information maintained in this system known as a ‘‘routine use.’’ The proposed Medicare program, the amount of includes, but is not limited to Medicare routine uses in this system meet the reimbursement, and in cases in which billing and utilization data, name, compatibility requirement of the Privacy the evidence is being reviewed as a health insurance claim number, Act. We are proposing to establish the result of suspected fraud and abuse, ethnicity, gender, date of birth, state and following routine use disclosures of program integrity, quality appraisal, or county code, zip code, as well as the information maintained in the system: evaluation and measurement of basis for the beneficiary’s Medicare 1. To support Agency contractors, activities. entitlement. The system also contains consultants, or grantees who have been 5. To support Quality Improvement contracted by the Agency to assist in provider characteristics, assigned Organizations (QIO) in order to assist accomplishment of a CMS function provider number (facility, referring/ the QIO to perform Title XI and Title relating to the purposes for this system servicing physician), admission date, XVIII functions relating to assessing and and who need to have access to the service dates, diagnosis and procedural improving quality of care. records in order to assist CMS. 6. To facilitate insurance companies, codes, total charges, Medicare payment 2. To assist another Federal and/or amount, and beneficiary’s liability. underwriters, third party administrators state agency, agency of a state (TPA), employers, self-insurers, group government, an agency established by AUTHORITY FOR MAINTENANCE OF THE SYSTEM: health plans, health maintenance state law, or its fiscal agent to: organizations (HMO), health and a. Contribute to the accuracy of CMS’ Authority for maintenance of the welfare benefit funds, managed care proper payment of Medicare benefits, system is given under §§ 1874(a) and organizations, other supplemental 1875 of the Social Security Act (the Act) b. Enable such agency to administer a Federal health benefits program, or as insurers, non-coordinating insurers, and Title 42 United States Code (U.S.C.) multiple employer trusts, other groups section 1395kk(a) and 1395ll. necessary to enable such agency to fulfill a requirement of a Federal statute providing protection against medical expenses of their enrollees without the PURPOSE(S) OF THE SYSTEM: or regulation that implements a health benefits program funded in whole or in beneficiary’s authorization, and any The primary purpose of this modified part with Federal funds, and/or entity having knowledge of the system is to collect and maintain billing c. Assist Federal/state Medicaid occurrence of any event affecting: (a) An and utilization data on Medicare programs within the state. individual’s right to any such benefit or beneficiaries enrolled in hospital 3. To support providers and suppliers payment, or (b) the initial right to any insurance (Part A) or medical insurance of services directly or through fiscal such benefit or payment, for the purpose (Part B) of the Medicare program for intermediaries or carriers for the of coordination of benefits with the statistical and research purposes related administration of Title XVIII of the Act. Medicare program and implementation of the Medicare Secondary Payer (MSP) to evaluating and studying the operation 4. To assist third party contact in provision at 42 U.S.C. 1395y (b). and effectiveness of the Medicare situations where the party to be Information to be disclosed shall be program. The information retrieved contacted has, or is expected to have limited to Medicare utilization data from this system of records will also be information relating to the individual’s capacity to manage his or her affairs or necessary to perform that specific disclosed to: (1) Support regulatory, function. In order to receive the reimbursement, and policy functions to his or her eligibility for, or an entitlement to, benefits under the information, they must agree to: performed within the agency or by a Medicare program and; a. Certify that the individual about contractor, consultant, or grantee; (2) a. The individual is unable to provide whom the information is being provided assist another Federal or state agency, the information being sought (an is one of its insured or employees, or is agency of a state government, an agency individual is considered to be unable to insured and/or employed by another established by state law, or its fiscal provide certain types of information entity for whom they serve as a TPA; agent; (3) support providers and when any of the following conditions b. Utilize the information solely for suppliers of services for administration exists: the individual is confined to a the purpose of processing the of Title XVIII; (4) assist third parties mental institution, a court of competent individual’s insurance claims; and where the contact is expected to have jurisdiction has appointed a guardian to c. Safeguard the confidentiality of the information relating to the individual’s manage the affairs of that individual, a data and prevent unauthorized access. capacity to manage his or her own court of competent jurisdiction has 7. To assist an individual or affairs; (5) assist QIOs; (6) process declared the individual to be mentally organization for a research project or in individual insurance claims by other incompetent, or the individual’s support of an evaluation project related insurers; (7) facilitate research on the attending physician has certified that to the prevention of disease or quality and effectiveness of care the individual is not sufficiently disability, the restoration or provided, as well as payment-related mentally competent to manage his or maintenance of health, or payment projects; (8) support litigation involving her own affairs or to provide the related projects. the agency; and (9) combat fraud, waste, information being sought, the individual 8. To support the Department of and abuse in federally-funded health cannot read or write, cannot afford the Justice (DOJ), court or adjudicatory body benefits programs. cost of obtaining the information, a when:

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a. The agency or any component that an individual can be identified Systems Program Handbook and the thereof, or through implicit deduction based on CMS Information Security Handbook. b. Any employee of the agency in his small cell sizes (instances where the or her official capacity, or patient population is so small that RETENTION AND DISPOSAL: c. Any employee of the agency in his individuals could, because of the small Records will be retained and disposed or her individual capacity where the size, use this information to deduce the of in accordance with the National DOJ has agreed to represent the identity of the beneficiary). employee, or Archives and Records Administration d. The United States Government is a POLICIES AND PRACTICES FOR STORING, guidelines. Records are housed in both party to litigation or has an interest in RETRIEVING, ACCESSING, RETAINING, AND active and archival files. All claims- such litigation, and by careful review, DISPOSING OF RECORDS IN THE SYSTEM: related records are encompassed by the CMS determines that the records are STORAGE: document preservation order and will both relevant and necessary to the be retained until notification is received All records are stored on both litigation and that the use of such from DOJ. records by the DOJ, court or magnetic storage media and in a DB2 relational database management adjudicatory body is compatible with SYSTEM MANAGER(S) AND ADDRESS: the purpose for which the agency environment (DASD data storage collected the records. media). Director, Division of Integrated Data Program Management, Enterprise 9. To assist a CMS contractor RETRIEVABILITY: (including, but not necessarily limited Databases Group, Office of Information to, fiscal intermediaries and carriers) Information in this system is retrieved Services, CMS, Mail Stop N2–17–07, that assists in the administration of a by HICN, provider number (facility, 7500 Security Boulevard, Baltimore, MD CMS-administered health benefits physician, supplier Ids), service dates, 21244–1850. program, or to a grantee of a CMS- type of bill, Medicare status code, administered grant program, when diagnosis, procedural codes, and NOTIFICATION PROCEDURE: beneficiary state code. disclosure is deemed reasonably For purpose of notification, the necessary by CMS to prevent, deter, SAFEGUARDS: subject individual should write to the discover, detect, investigate, examine, system manager who will require the prosecute, sue with respect to, defend CMS has safeguards in place for against, correct, remedy, or otherwise authorized users and monitors such system name, and the retrieval selection combat fraud, waste, or abuse in such users to ensure against unauthorized criteria (e.g., HIC, facility ID, physician/ program. use. Personnel having access to the supplier number, service dates, type of 10. To assist another Federal agency system have been trained in the Privacy bill, etc.). or to an instrumentality of any Act and information security governmental jurisdiction within or requirements. Employees who maintain RECORD ACCESS PROCEDURE: under the control of the United States records in this system are instructed not For purpose of access, use the same to release data until the intended (including any State or local procedures outlined in Notification recipient agrees to implement governmental agency), that administers, Procedures above. Requestors should or that has the authority to investigate appropriate management, operational and technical safeguards sufficient to also reasonably specify the record potential fraud, waste, or abuse in, a contents being sought. (These health benefits program funded in protect the confidentiality, integrity and availability of the information and procedures are in accordance with whole or in part by Federal funds, when Department regulation 45 CFR disclosure is deemed reasonably information systems and to prevent 5b.5(a)(2).) necessary by CMS to prevent, deter, unauthorized access. This system will conform to all discover, detect, investigate, examine, CONTESTING RECORDS PROCEDURES: prosecute, sue with respect to, defend applicable Federal laws and regulations against, correct, remedy, or otherwise and Federal, HHS, and CMS policies The subject individual should contact combat fraud, waste, or abuse in such and standards as they relate to the system manager named above, and programs. information security and data privacy. reasonably identify the record and B. Additional Provisions Affecting These laws and regulations may apply specify the information to be contested. Routine Use Disclosures. To the extent but are not limited to: The Privacy Act State the corrective action sought and this system contains Protected Health of 1974; the Federal Information the reasons for the correction with Information (PHI) as defined by HHS Security Management Act of 2002; the supporting justification. (These regulation ‘‘Standards for Privacy of Computer Fraud and Abuse Act of 1986; procedures are in accordance with Individually Identifiable Health the Health Insurance Portability and Department regulation 45 CFR 5b.7.) Information’’ (45 CFR parts 160 and 164, Accountability Act of 1996; the E- subparts A and E) 65 FR 82462 (12–28– Government Act of 2002, the Clinger- RECORDS SOURCE CATEGORIES: 00). Disclosures of such PHI that are Cohen Act of 1996; the Medicare otherwise authorized by these routine Modernization Act of 2003, and the Fee-for-Service (FFS) billing and uses may only be made if, and as, corresponding implementing utilization information contained in this permitted or required by the ‘‘Standards regulations. OMB Circular A–130, records system is obtained from the for Privacy of Individually Identifiable Management of Federal Resources, Common Working File. Health Information.’’ (See 45 CFR 164– Appendix III, Security of Federal 512(a)(1)). Automated Information Resources also SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS In addition, our policy will be to applies. Federal, HHS, and CMS OF THE ACT: prohibit release even of data not directly policies and standards include but are None. identifiable, except pursuant to one of not limited to: All pertinent National [FR Doc. E6–19505 Filed 11–17–06; 8:45 am] the routine uses or if required by law, Institute of Standards and Technology if we determine there is a possibility publications; the HHS Information BILLING CODE 4120–03–P

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DEPARTMENT OF HEALTH AND constituent requests made to a a CMS grantee; (2) assist another Federal HUMAN SERVICES congressional representative. If an and/or state agency, agency of a state authorization for the disclosure has government, an agency established by Centers for Medicare & Medicaid been obtained from the data subject, state law, or its fiscal agent, for Services then no routine use is needed. The evaluating and monitoring the quality of Privacy Act allows for disclosures with IRF health care and contribute to the Privacy Act of 1974; Report of a the ‘‘prior written consent’’ of the data accuracy of health insurance operations; Modified or Altered System of Records subject. We will broaden the scope of (3) support research, evaluation, or AGENCY: Department of Health and published routine uses number 7 and 8, epidemiological projects related to the Human Services (HHS), Centers for authorizing disclosures to combat fraud prevention of disease or disability, or Medicare & Medicaid Services (CMS). and abuse in the Medicare and the restoration or maintenance of health, ACTION: Notice of a Modified or Altered Medicaid programs to include and for payment related projects; (4) System of Records (SOR). combating ‘‘waste’’ which refers support the functions of Quality increasingly more to specific beneficiary Improvement Organizations; (5) assist SUMMARY: In accordance with the or recipient practices that result in other insurers; (6) support the functions Privacy Act of 1974, we are proposing unnecessary cost to federally-funded of national accrediting organizations; (7) to modify or alter an existing SOR, health benefit programs. support litigation involving the Agency; ‘‘Inpatient Rehabilitation Facilities (IRF) CMS proposes to broaden the scope of and (8) combat fraud, waste, and abuse Patient Assessment Instrument (IRF– the disclosure requirement for routine in certain health care programs. We PAI),’’ System No. 09–70–1518, last use number 5, authorizing disclosure to have provided background information published at 66 Federal Register 56681 national accrediting organizations that about the modified system in the (November 9, 2001). Information have been approved by CMS for SUPPLEMENTARY INFORMATION section maintained in this system will continue deeming authority for Medicare below. Although the Privacy Act to contain clinical assessment requirements for home health services. requires only that CMS provide an information for all Medicare Part A fee- Information will be released to these opportunity for interested persons to for-service patients receiving the organizations for only those facilities comment on the modified or altered services of a Medicare approved IRF. that they accredit and that participate in routine uses, CMS invites comments on This information will be useful in the Medicare program and if they meet all portions of this notice. See EFFECTIVE developing core measures that provide the following requirements: (1) Provide DATES section for comment period. meaningful information on patient identifying information for IRFs that DATES: Effective Dates: CMS filed a characteristics and outcomes across have an accreditation status with the modified or altered system report with post-acute care settings and will be used requesting accrediting organization that the Chair of the House Committee on by CMS to fulfill its responsibility for has been granted deeming authority by Government Reform and Oversight, the validating surveys conducted by CMS, (2) submission of a finder file Chair of the Senate Committee on accrediting agencies. We propose to identifying beneficiaries/patients Homeland Security & Governmental assign a new CMS identification number receiving IRF services, (3) safeguard the Affairs, and the Administrator, Office of to this system to simplify the obsolete confidentiality of the data and prevent Information and Regulatory Affairs, and confusing numbering system unauthorized access, and (4) upon Office of Management and Budget originally designed to identify the completion of a signed data exchange (OMB) on November 14, 2006. To Bureau, Office, or Center that agreement or a CMS data use agreement. ensure that all parties have adequate We are modifying the language in the maintained information in the Health time in which to comment, the modified remaining routine uses to provide a Care Financing Administration systems system, including routine uses, will proper explanation as to the need for the of records. The new assigned identifying become effective 30 days from the routine use and to provide clarity to number for this system should read: publication of the notice, or 40 days CMS’s intention to disclose individual- System No. 09–70–0521. from the date it was submitted to OMB We propose to modify existing routine specific information contained in this and Congress, whichever is later, unless use number 1 that permits disclosure to system. The routine uses will then be CMS receives comments that require agency contractors and consultants to prioritized and reordered according to alterations to this notice. include disclosure to CMS grantees who their usage. We will also take the perform a task for the agency. CMS opportunity to update any sections of ADDRESSES: The public should address grantees, charged with completing the system that were affected by the comments to: CMS Privacy Officer, projects or activities that require CMS recent reorganization or because of the Division of Privacy Compliance, data to carry out that activity, are impact of the Medicare Prescription Enterprise Architecture and Strategy classified separate from CMS Drug, Improvement, and Modernization Group, Office of Information Services, contractors and/or consultants. The Act of 2003 (MMA) (Pub. L. 108–173) CMS, Room N2–04–27, 7500 Security modified routine use will remain as provisions and to update language in Boulevard, Baltimore, Maryland 21244– routine use number 1. We will modify the administrative sections to 1850. Comments received will be existing routine use number 2 that correspond with language used in other available for review at this location, by permits disclosure to Peer Review CMS SORs. appointment, during regular business Organizations (PRO). Organizations The primary purpose of this modified hours, Monday through Friday from 9 previously referred to as PROs will be system is to support the IRF prospective a.m.–3 p.m., Eastern Time zone. renamed to read: Quality Improvement payment system (PPS) for payment of FOR FURTHER INFORMATION CONTACT: Organizations (QIO). Information will be the IRF Medicare Part A fee-for-services Georgia Johnson, Division of Continuing disclosed to QIOs relating to assessing furnished by the IRF to Medicare Care Providers, Survey and Certification and improving IRF quality of care. The beneficiaries. Information maintained in Group, Center for Medicaid and State modified routine use will be this system will also be disclosed to: (1) Operations, CMS, Mail Stop S2–12–25, renumbered as routine use number 4. Support regulatory, reimbursement, and 7500 Security Boulevard, Baltimore, We will delete routine use number 5 policy functions performed within the Maryland 21244–1850. She can also be authorizing disclosure to support Agency or by a contractor, consultant, or reached by telephone at 410–786–6859,

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or via e-mail at a. The purpose for which the disclosing the information for any [email protected]. disclosure is to be made can only be purpose other than that described in the SUPPLEMENTARY INFORMATION: accomplished if the record is provided contract and requires the contractor, in individually identifiable form; consultant or grantee to return or I. Description of the Modified or b. The purpose for which the destroy all information at the Altered System of Records disclosure is to be made is of sufficient completion of the contract. A. Statutory and Regulatory Basis for importance to warrant the effect and/or 2. To assist another Federal and/or SOR risk on the privacy of the individual that state agency, agency of a state additional exposure of the record might government, an agency established by Authority for maintenance of the bring; and state law, or its fiscal agent to: system is given under section 1886 (j) c. There is a strong probability that a. Contribute to the accuracy of CMS’ (2) (D) of the Social Security Act the proposed use of the data would in proper payment of Medicare benefits, authorizing the secretary to collect the fact accomplish the stated purpose(s). b. Enable such agency to administer a data necessary to establish and 3. Requires the information recipient Federal health benefits program, or as administer the payment system. to: necessary to enable such agency to B. Collection and Maintenance of Data a. Establish administrative, technical, fulfill a requirement of a Federal statute in the System and physical safeguards to prevent or regulation that implements a health unauthorized use of disclosure of the benefits program funded in whole or in The IRF–PAI will be completed on all record; part with Federal funds, and/or Medicare Part A fee-for-service patients b. Remove or destroy at the earliest c. Improve the state survey process for who receive services under Part A from time all patient-identifiable information; investigation of complaints related to an IRF, it may also be completed on and health and safety or quality of care and Medicare Advantage enrollees. Records c. Agree to not use or disclose the to implement a more outcome oriented in this system will include, but are not information for any purpose other than survey and certification program. limited to, name, address, date of birth, the stated purpose under which the Other Federal or state agencies in gender, ethnicity, social security information was disclosed. their administration of a Federal health number, health insurance claim 4. Determines that the data are valid program may require IRF–PAI number, Medicaid number, patient and reliable. information in order to support identification number, patient history, evaluations and monitoring of Medicare diagnosis, and functional prognosis. III. Proposed Routine Use Disclosures of Data in The System claims information of beneficiaries, II. Agency Policies, Procedures, and including proper reimbursement for Restrictions on Routine Uses A. The Privacy Act allows us to services provided. disclose information without an 3. To an individual or organization for A. Agency Policies, Procedures, and indivdual’s consent if the information is research on the utilization of inpatient Restrictions on the Routine Use to be used for a purpose that is rehabilitation services as well as The Privacy Act permits us to disclose compatible with the purpose(s) for evaluation or epidemiological projects information without an individual’s which the information was collected. related to the prevention of disease or consent if the information is to be used Any such compatible use of data is disability, the restoration or for a purpose that is compatible with the known as a ‘‘routine use.’’ The proposed maintenance of health, or for purpose(s) for which the information routine uses in this system meet the understanding and improving payment was collected. Any such disclosure of compatibility requirement of the Privacy projects. data is known as a ‘‘routine use.’’ The Act. We are proposing to establish the The IRF–PAI data will provide for government will only release IRF–PAI following routine use disclosures of research or in support of evaluation information that can be associated with information maintained in the system: projects, a broader, national perspective an individual as provided for under 1. To support agency contractors, of the status of Medicare beneficiaries. ‘‘Section III. Proposed Routine Use consultants, or grantees who have been CMS anticipates that many researchers Disclosures of Data in the System.’’ Both engaged by the agency to assist in the will have legitimate requests to use identifiable and non-identifiable data performance of a service related to this these data in projects that could may be disclosed under a routine use. collection and who need to have access ultimately improve the care provided to We will only collect the minimum to the records in order to perform the Medicare beneficiaries and the policy personal data necessary to achieve the activity. that governs the care. purpose of IRF–PAI. CMS has the We contemplate disclosing 4. To support Quality Improvement following policies and procedures information under this routine use only Organizations (QIO) in connection with concerning disclosures of information in situations in which CMS may enter review of claims, or in connection with that will be maintained in the system. into a contractual or similar agreement studies or other review activities Disclosure of information from this with a third party to assist in conducted pursuant to Part B of Title XI system will be approved only to the accomplishing CMS function relating to of the Act, and in performing affirmative extent necessary to accomplish the purposes for this system. outreach activities to individuals for the purpose of the disclosure and only after CMS occasionally contracts out purpose of establishing and maintaining CMS: certain of its functions when doing so their entitlement to Medicare benefits or 1. Determines that the use or would contribute to effective and health insurance plans. disclosure is consistent with the reason efficient operations. CMS must be able The QIO may use this data to support that the data is being collected, e.g, to to give a contractor, consultant or quality improvement activities and support the IRF prospective payment grantee whatever information is other QIO responsibilities as detailed in system (PPS) for payment of the IRF necessary for the contractor or Title XI §§ 1151–1164. Medicare Part A fee-for-services consultant to fulfill its duties. In these The QIO will work to implement furnished by the IRF to Medicare situations, safeguards are provided in quality improvement programs, provide beneficiaries. the contract prohibiting the contractor, consultation to CMS, its contractors, 2. Determines that: consultant or grantee from using or and to state agencies. The QIO will

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assist state agencies in related At this time, CMS anticipates described in the contract and requiring monitoring and enforcement efforts, providing accrediting organizations the contractor or grantee to return or assist CMS and intermediaries in with IRF–PAI information to enable destroy all information. program integrity assessment, and them to target potential identified 9. To assist another Federal agency or prepare summary information for problems during the organization’s to an instrumentality of any release to CMS. accreditation review process of the governmental jurisdiction within or 5. To assist insurance companies, facility. under the control of the United States third party administrators (TPA), 7. To support the Department of (including any State or local employers, self-insurers, managed care Justice (DOJ), court or adjudicatory body governmental agency), that administers, organizations, other supplemental when: or that has the authority to investigate insurers, non-coordinating insurers, a. The agency or any component potential fraud, waste, or abuse in, a multiple employer trusts, group health thereof, or health benefits program funded in plans (i.e., health maintenance b. Any employee of the agency in his whole or in part by Federal funds, when organization (HMO) or a competitive or her official capacity, or disclosure is deemed reasonably c. Any employee of the agency in his medical plan (CMP)) with a Medicare necessary by CMS to prevent, deter, or her individual capacity where the contract, or a Medicare-approved health discover, detect, investigate, examine, DOJ has agreed to represent the care payment plan (HCPP), directly or prosecute, sue with respect to, defend through a contractor, and other groups employee, or d. The United States Government is a against, correct, remedy, or otherwise providing protection for their enrollees. party to litigation or has an interest in combat fraud, waste, or abuse in such Information to be disclosed shall be such litigation, and by careful review, programs. limited to Medicare entitlement data. In CMS determines that the records are Other agencies may require IRF–PAI order to receive the information, they both relevant and necessary to the information for the purpose of must agree to: litigation and that the use of such combating fraud, waste, and abuse in a. Certify that the individual about records by the DOJ, court or such federally-funded programs. whom the information is being provided adjudicatory body is compatible with is one of its insured or employees, or is B. Additional Provisions Affecting the purpose for which the agency insured and/or employed by another Routine Use Disclosures collected the records. entity for whom they serve as a third Whenever CMS is involved in To the extent this system contains party administrator; litigation, and occasionally when Protected Health Information (PHI) as b. Utilize the information solely for another party is involved in litigation defined by HHS regulation ‘‘Standards the purpose of processing the and CMS’ policies or operations could for Privacy of Individually Identifiable individual’s insurance claims; and be affected by the outcome of the Health Information’’ (45 CFR parts 160 c. Safeguard the confidentiality of the litigation, CMS would be able to and 164, subparts A and E) 65 FR 82462 data and prevent unauthorized access. disclose information to the DOJ, court or (12–28–00). Disclosures of such PHI that Other insurers, CMP, HMO and HCPP adjudicatory body involved. are otherwise authorized by these may require IRF–PAI information in 8. To assist a CMS contractor routine uses may only be made if, and order to support evaluations and (including, but not necessarily limited as, permitted or required by the monitoring of Medicare claims to fiscal intermediaries and carriers) that ‘‘Standards for Privacy of Individually information of beneficiaries, including assists in the administration of a CMS- Identifiable Health Information.’’ (See proper payment for services provided. administered health benefits program, 45 CFR 164–512(a)(1)). 6. To assist national accrediting or to a grantee of a CMS-administered In addition, our policy will be to organization(s) whose accredited grant program, when disclosure is prohibit release even of data not directly facilities are presumed to meet certain deemed reasonably necessary by CMS to identifiable, except pursuant to one of Medicare requirements for inpatient prevent, deter, discover, detect, the routine uses or if required by law, hospital rehabilitation services (e.g., the investigate, examine, prosecute, sue if we determine there is a possibility Joint Commission for the Accreditation with respect to, defend against, correct, that an individual can be identified of Healthcare Organizations, the remedy, or otherwise combat fraud, through implicit deduction based on American Osteopathic Association, or waste, or abuse in such program. small cell sizes (instances where the the Commission on Accreditation of We contemplate disclosing patient population is so small that Rehabilitation Facilities). Information information under this routine use only individuals could, because of the small will be released to these organizations in situations in which CMS may enter size, use this information to deduce the for only those facilities that they into a contractual relationship or grant identity of the beneficiary). accredit and that participate in the with a third party to assist in IV. Safeguards Medicare program and if they meet the accomplishing CMS functions relating following requirements: to the purpose of combating fraud, CMS has safeguards in place for a. Provide identifying information for waste, and abuse. authorized users and monitors such IRFs that have an accreditation status CMS occasionally contracts out users to ensure against unauthorized with the requesting deemed certain of its functions and makes grants use. Personnel having access to the organization; when doing so would contribute to system have been trained in the Privacy b. Submission of a finder file effective and efficient operations. CMS Act and information security identifying beneficiaries/patients must be able to give a contractor or requirements. Employees who maintain receiving IRF services; grantee whatever information is records in this system are instructed not c. Safeguard the confidentiality of the necessary for the contractor or grantee to to release data until the intended data and prevent unauthorized access; fulfill its duties. In these situations, recipient agrees to implement and safeguards are provided in the contract appropriate management, operational d. Upon completion of a signed data prohibiting the contractor or grantee and technical safeguards sufficient to exchange agreement or a CMS data use from using or disclosing the information protect the confidentiality, integrity and agreement. for any purpose other than that availability of the information and

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information systems and to prevent SECURITY CLASSIFICATION: ROUTINE USES OF RECORDS MAINTAINED IN THE unauthorized access. Level Three Privacy Act Sensitive SYSTEM, INCLUDING CATEGORIES OR USERS AND This system will conform to all Data. THE PURPOSES OF SUCH USES: applicable Federal laws and regulations A. The Privacy Act allows us to and Federal, HHS, and CMS policies SYSTEM LOCATION: disclose information without an and standards as they relate to The Centers for Medicare & Medicaid individual’s consent if the information information security and data privacy. Services (CMS) Data Center, 7500 is to be used for a purpose that is These laws and regulations include but Security Boulevard, North Building, compatible with the purpose(s) for are not limited to: The Privacy Act of First Floor, Baltimore, Maryland 21244– which the information was collected. 1974; the Federal Information Security 1850 and at various contractor sites and Any such compatible use of data is Management Act of 2002; the Computer at CMS Regional Offices. known as a ‘‘routine use.’’ The proposed Fraud and Abuse Act of 1986; the routine uses in this system meet the Health Insurance Portability and CATEGORIES OF INDIVIDUALS COVERED BY THE compatibility requirement of the Privacy SYSTEM: Accountability Act of 1996; the E- Act. We are proposing to establish the Government Act of 2002, the Clinger- The IRF–PAI will be completed on all following routine use disclosures of Cohen Act of 1996; the Medicare Medicare Part A fee-for-service patients information maintained in the system: Modernization Act of 2003, and the who receive services under Part A from 1. To support agency contractors, corresponding implementing an IRF, it may also be completed on consultants, or grantees who have been regulations. OMB Circular A–130, Medicare Advantage enrollees. engaged by the agency to assist in the performance of a service related to this Management of Federal Resources, CATEGORIES OF RECORDS IN THE SYSTEM: Appendix III, Security of Federal collection and who need to have access Automated Information Resources also Records in this system will include, to the records in order to perform the applies. Federal, HHS, and CMS but are not limited to, name, address, activity. policies and standards include but are date of birth, gender, ethnicity, social 2. To assist another Federal and/or not limited to: All pertinent NIST security number (SSN), health insurance state agency, agency of a state publications; the DHHS Information claim number (HICN), Medicaid government, an agency established by Systems Program Handbook and the number, patient identification number, state law, or its fiscal agent to: CMS Information Security Handbook. patient history, diagnosis, and a. Contribute to the accuracy of CMS’ functional prognosis. proper payment of Medicare benefits, V. Effects of the Modified System of b. Enable such agency to administer a Records on Individual Rights AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal health benefits program, or as CMS proposes to modify this system Authority for maintenance of the necessary to enable such agency to in accordance with the principles and system is given under section fulfill a requirement of a Federal statute requirements of the Privacy Act and will 1886(j)(2)(D) of the Social Security Act or regulation that implements a health collect, use, and disseminate authorizing the secretary to collect the benefits program funded in whole or in information only as prescribed therein. data necessary to establish and part with Federal funds, and/or Data in this system will be subject to the administer the payment system. c. Improve the state survey process for investigation of complaints related to authorized releases in accordance with PURPOSE(S) OF THE SYSTEM: the routine uses identified in this health and safety or quality of care and The primary purpose of this modified system of records. to implement a more outcome oriented CMS will take precautionary system is to support the IRF prospective survey and certification program. measures to minimize the risks of payment system (PPS) for payment of 3. To an individual or organization for unauthorized access to the records and the IRF Medicare Part A fee-for-services research on the utilization of inpatient the potential harm to individual privacy furnished by the IRF to Medicare rehabilitation services as well as or other personal or property rights of beneficiaries. Information maintained in evaluation or epidemiological projects patients whose data are maintained in this system will also be disclosed to: (1) related to the prevention of disease or the system. CMS will collect only that Support regulatory, reimbursement, and disability, the restoration or information necessary to perform the policy functions performed within the maintenance of health, or for system’s functions. In addition, CMS Agency or by a contractor, consultant, or understanding and improving payment will make disclosure from the proposed a CMS grantee; (2) assist another Federal projects. system only with consent of the subject and/or state agency, agency of a state 4. To support Quality Improvement individual, or his/her legal government, an agency established by Organizations (QIO) in connection with representative, or in accordance with an state law, or its fiscal agent, for review of claims, or in connection with applicable exception provision of the evaluating and monitoring the quality of studies or other review activities Privacy Act. CMS, therefore, does not IRF health care and contribute to the conducted pursuant to Part B of Title XI anticipate an unfavorable effect on accuracy of health insurance operations; of the Act, and in performing affirmative individual privacy as a result of (3) support research, evaluation, or outreach activities to individuals for the information relating to individuals. epidemiological projects related to the purpose of establishing and maintaining prevention of disease or disability, or their entitlement to Medicare benefits or Dated: November 8, 2006. the restoration or maintenance of health, health insurance plans. John R. Dyer, and for payment related projects; (4) 5. To assist insurance companies, Chief Operating Officer, Centers for Medicare support the functions of Quality third party administrators (TPA), & Medicaid Services. Improvement Organizations (QIO); (5) employers, self-insurers, managed care SYSTEM NO. 09–70–0521 assist other insurers; (6) support the organizations, other supplemental functions of national accrediting insurers, non-coordinating insurers, SYSTEM NAME: organizations; (7) support litigation multiple employer trusts, group health ‘‘Inpatient Rehabilitation Facilities involving the Agency; (8) combat fraud, plans (i.e., health maintenance Patient Assessment Instrument (IRF– waste, and abuse in certain health care organization (HMO) or a competitive PAI),’’ HHS/CMS/CMSO. programs. medical plan (CMP)) with a Medicare

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contract, or a Medicare-approved health 8. To assist a CMS contractor SAFEGUARDS: care payment plan (HCPP), directly or (including, but not necessarily limited CMS has safeguards in place for through a contractor, and other groups to fiscal intermediaries and carriers) that authorized users and monitors such providing protection for their enrollees. assists in the administration of a CMS- users to ensure against unauthorized Information to be disclosed shall be administered health benefits program, use. Personnel having access to the limited to Medicare entitlement data. In or to a grantee of a CMS-administered system have been trained in the Privacy order to receive the information, they grant program, when disclosure is Act and information security must agree to: deemed reasonably necessary by CMS to requirements. Employees who maintain a. Certify that the individual about prevent, deter, discover, detect, records in this system are instructed not whom the information is being provided investigate, examine, prosecute, sue to release data until the intended is one of its insured or employees, or is with respect to, defend against, correct, recipient agrees to implement insured and/or employed by another remedy, or otherwise combat fraud, appropriate management, operational entity for whom they serve as a third waste, or abuse in such program. and technical safeguards sufficient to party administrator; 9. To assist another Federal agency or protect the confidentiality, integrity and b. Utilize the information solely for to an instrumentality of any availability of the information and the purpose of processing the governmental jurisdiction within or information systems and to prevent individual’s insurance claims; and under the control of the United States unauthorized access. c. Safeguard the confidentiality of the (including any State or local This system will conform to all data and prevent unauthorized access. governmental agency), that administers, applicable Federal laws and regulations 6. To assist national accrediting or that has the authority to investigate and Federal, HHS, and CMS policies organization(s) whose accredited potential fraud, waste, or abuse in, a and standards as they relate to facilities are presumed to meet certain health benefits program funded in information security and data privacy. Medicare requirements for inpatient whole or in part by Federal funds, when These laws and regulations may apply hospital rehabilitation services (e.g., the disclosure is deemed reasonably but are not limited to: the Privacy Act Joint Commission for the Accreditation necessary by CMS to prevent, deter, of 1974; the Federal Information of Healthcare Organizations, the discover, detect, investigate, examine, Security Management Act of 2002; the American Osteopathic Association, or prosecute, sue with respect to, defend Computer Fraud and Abuse Act of 1986; the Commission on Accreditation of against, correct, remedy, or otherwise the Health Insurance Portability and Rehabilitation Facilities). Information combat fraud, waste, or abuse in such Accountability Act of 1996; the E- will be released to these organizations programs. Government Act of 2002, the Clinger- for only those facilities that they B. Additional Provisions Affecting Cohen Act of 1996; the Medicare accredit and that participate in the Routine Use Disclosures. To the extent Modernization Act of 2003, and the Medicare program and if they meet the this system contains Protected Health corresponding implementing following requirements: Information (PHI) as defined by HHS regulations. OMB Circular A–130, a. Provide identifying information for regulation ‘‘Standards for Privacy of Management of Federal Resources, IRFs that have an accreditation status Individually Identifiable Health Appendix III, Security of Federal with the requesting deemed Information’’ (45 CFR parts 160 and 164, Automated Information Resources also organization; subparts A and E) 65 FR 82462 (12–28– applies. Federal, HHS, and CMS b. Submission of a finder file 00), disclosures of such PHI that are policies and standards include but are identifying beneficiaries/patients otherwise authorized by these routine not limited to: All pertinent National receiving IRF services; uses may only be made if, and as, Institute of Standards and Technology c. Safeguard the confidentiality of the permitted or required by the ‘‘Standards publications; the DHHS Information data and prevent unauthorized access; for Privacy of Individually Identifiable Systems Program Handbook and the and Health Information.’’ (See 45 CFR 164– CMS Information Security Handbook. d. Upon completion of a signed data 512(a)(1)). RETENTION AND DISPOSAL: exchange agreement or a CMS data use In addition, our policy will be to agreement. prohibit release even of data not directly CMS will retain identifiable IRF–PAI 7. To support the Department of identifiable, except pursuant to one of data for a total period of 15 years. All Justice (DOJ), court or adjudicatory body the routine uses or if required by law, claims-related records are encompassed when: if we determine there is a possibility by the document preservation order and a. The agency or any component that an individual can be identified will be retained until notification is thereof, or through implicit deduction based on received from DOJ. b. Any employee of the agency in his small cell sizes (instances where the SYSTEM MANAGER(S) AND ADDRESS: or her official capacity, or patient population is so small that Director, Survey and Certification c. Any employee of the agency in his individuals could, because of the small Group, Center for Medicaid and State or her individual capacity where the size, use this information to deduce the Operations, CMS, Mail Stop C3–20–01, DOJ has agreed to represent the identity of the beneficiary). 7500 Security Boulevard, Baltimore, employee, or Maryland 21244–1850. d. The United States Government is a POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND NOTIFICATION PROCEDURE: party to litigation or has an interest in DISPOSING OF RECORDS IN THE SYSTEM: such litigation, and by careful review, For purpose of access, the subject CMS determines that the records are STORAGE: individual should write to the system both relevant and necessary to the All records are stored on magnetic manager who will require the system litigation and that the use of such media. name, HICN, address, date of birth, and records by the DOJ, court or gender, and for verification purposes, adjudicatory body is compatible with RETRIEVABILITY: the subject individual’s name (woman’s the purpose for which the agency The Medicare records are retrieved by maiden name, if applicable), and SSN. collected the records. the HICN and SSN. Furnishing the SSN is voluntary, but it

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may make searching for a record easier Dated: November 8, 2006. permit analysis of the associations of and prevent delay. Michael O. Leavitt, gene variants with biomarker levels. Secretary. Scientific Scope: The proposed study RECORD ACCESS PROCEDURE: [FR Doc. 06–9264 Filed 11–17–06; 8:45 am] will measure 150 or more evolving and For purpose of access, use the same novel biomarkers from the FHS in 7000 BILLING CODE 4165–15–M procedures outlined in Notification FHS subjects for whom subclinical and Procedures above. Requestors should clinical CVD and its risk factors have also specify the record contents being DEPARTMENT OF HEALTH AND been carefully characterized. Analyses sought. (These procedures are in HUMAN SERVICES will be conducted for association of accordance with department regulation biomarkers—individually and 45 CFR 5b.5(a)(2)). National Institutes of Health collectively—with clinically relevant phenotypes. CONTESTING RECORDS PROCEDURES: National Heart, Lung, and Blood The aims of the project are to: The subject individual should contact Institute: Circulating Biomarkers of 1. Identify the biochemical signature the system manager named above, and Cardiovascular Risk in the NHLBI’s of atherosclerosis as determined by: (a) reasonably identify the records and Framingham Heart Study Aortic and coronary calcification on CT specify the information to be contested. (data available in 3500 people), (b) State the corrective action sought and AGENCY: National Heart, Lung, and aortic plaque burden by MRI (n=2000), the reasons for the correction with Blood Institute, NIH, HHS. (c) carotid intimal-medial thickness by supporting justification. (These ACTION: Notice. ultrasound (n=3500), (d) clinical Procedures are in accordance with atherosclerotic CVD (n=500), and (e) the Department regulation 45 CFR 5b.7). SUMMARY: National Heart, Lung, and dynamic balance between arterial Blood Institute (NHLBI) seeks partners calcification and bone demineralization RECORDS SOURCE CATEGORIES: in a biomarker consortium to promote (n=3500). Information for this system is research on novel serum/plasma/urine 2. Identify the biochemical signature collected from the Inpatient biomarkers of cardiovascular disease of metabolic syndrome components Rehabilitation Facilities—Patient (CVD) and related risk factors including including (a) systolic and diastolic Assessment Instrument. atherosclerosis, obesity, insulin blood pressure (n=7000), (b) obesity resistance, hypertension, and metabolic SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS (n=7000) and visceral adiposity by CT syndrome. An immediate consequence OF THE ACT: (n=3500), (c) dyslipidemia (n=7000), of this project will be the development None. and (d) impaired fasting glucose, of new diagnostic tests to identify diabetes, and insulin resistance. [FR Doc. E6–19506 Filed 11–17–06; 8:45 am] individuals at high risk for CVD and its Biomarkers for this project will be BILLING CODE 4120–03–P risk factors at a time when intervention selected by expert consensus on the is most feasible. A downstream result of basis of (a) a careful review of the the identification of novel biomarkers of literature for biomarkers of DEPARTMENT OF HEALTH AND CVD (and its risk factors) will be the atherosclerosis and metabolic HUMAN SERVICES discovery of disease promoting syndrome, and (b) genes implicated in pathways, which may serve as new atherosclerosis and metabolic syndrome Health Resources and Services therapeutic targets for treating and (and their constituent components and Administration preventing our nation’s leading cause of pathways), or showing evidence of death. Delegation of Authority association with the phenotypes of Background: Despite steady declines interest. Notice is hereby given that I have in CVD mortality, CVD remains the Technology: As part of this project, delegated to the Administrator, Health leading cause of death in the developed new quantitative tests will be developed Resources and Services Administration world. The NHLBI’s Framingham Heart to measure circulating biomarker levels (HRSA), with authority to re-delegate, Study (FHS) has been instrumental in using antibody sandwich assays and/or the authority vested in the Secretary of the identification and elucidation of key proteomic approaches that are amenable Health and Human Services under Title modifiable risk factors for CVD, which to high throughput application. Critical III, Part B, Section 319F–4, titled in turn have facilitated modern to this project is the implementation of ‘‘Covered Countermeasure Process,’’ of approaches to the prevention and methods to measure large numbers of the Public Health Service Act, as treatment of CVD. Because of its biomarkers with minimal sample amended, by the Public Readiness and prospective study design, the NHLBI’s volume; proteomic, bead-linked Emergency Preparedness Act of 2006 FHS is ideally positioned to enable immunoassays, and nanotechnology (Pub. L. 109–148), only insofar as it identification of novel risk factors for methods may be necessary to pertains to the compensation program. CVD. The availability of frozen serum/ accomplish this aim. Pathways to be This delegation shall be exercised plasma/urine samples from over 7000 studied include but are not limited to: under the Department’s existing FHS participants in the Offspring and Adhesion/chemoattraction, adipokines, delegation of authority and policy on Third Generation cohorts, in concert cytokines, growth factors, heat shock regulations. with new high-throughput quantitative proteins, inflammation, lipoproteins, This delegation is effective upon biomarker technology available from neurohormones, thrombosis/ signature. In addition, I hereby affirmed commercial collaborators, provides a fibrinolysis, and vascular calcification. and ratified any actions taken by the unique opportunity to explore the Demonstrated rigorous assay validation HRSA Administrator or other HRSA biochemical signatures of key CVD using non-FHS samples will be officials which involved the exercise of phenotypes. In addition, by the end of necessary before FHS biospecimens can this authority prior to the effective date 2007 genotyping of 550k SNPs will be be used for this project. of this delegation. completed in nearly all the FHS Study Sample: The NHLBI’s FHS is This delegation is effective upon date participants as part of the NHLBI’s community-based[N1], which should of signature. SHARe project and these data will contribute to the generalizability of

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study results. Frozen serum/plasma/ DEPARTMENT OF HOMELAND approval. All comments will become a urine samples and buffy coats for WBC SECURITY matter of public record. In this derived RNA are available in two document CBP is soliciting comments carefully characterized cohorts Bureau of Customs and Border concerning the following information comprising over 7000 individuals. The Protection collection: presence of young, middle-aged, and Title: Visa Waiver Program Carrier Proposed Collection; Comment Agreement. elderly subjects will allow a more Request; Visa Waiver Program Carrier complete exploration of biomarkers for OMB Number: 1651–0110. Agreement (Form I–775) Form Number: Form–I–775. relevant traits across a wide age range Abstract: The Form I–775 provides for ACTION: (20–90 years). The FHS main contracts Notice and request for certain aliens to be exempt from the (N01–HC–38038; N01–HC–25195) have comments. non-immigrant visa requirements if provided for the core examinations of SUMMARY: As part of its continuing effort seeking entry as a visitor for no more the participants that include physical to reduce paperwork and respondent than 90 days, provided that no potential examination, ECG, multidetector CT burden, the Bureau of Customs and threat exists to the security of the scans for coronary calcification and Border Protection (CBP) invites the United States. visceral adiposity, and blood specimen general public and other Federal Current Actions: There are no changes collection. In addition, buffy coats and agencies to comment on an information to the information collection. This purified white blood cell RNA also are collection requirement concerning the submission is to extend the expiration available for WBC-derived RNA Visa Waiver Program Carrier Agreement date. expression profiling to complement (Form I–775). This request for comment Type of Review: Extension (without circulating biomarker and genotypic is being made pursuant to the change). characterization. Paperwork Reduction Act of 1995 (Pub. Affected Public: Individuals. L. 104–13; 44 U.S.C. 3505(c)(2)). Estimated Number of Respondents: ADDRESSES: Interest regarding this 400. DATES: Written comments should be Estimated Time Per Respondent: 2 notice should be forwarded to: Ms. Lili received on or before January 19, 2007, hours. Portilla, NHLBI Office of Technology to be assured of consideration. Transfer and Development, 6705 Estimated Total Annual Burden ADDRESSES: Direct all written comments Hours: 800. Rockledge Drive, Suite 6018 MSC 7992, to the Bureau of Customs and Border Bethesda, MD 20892–7992 (E-mail: Estimated Total Annualized Cost on Protection, Information Services Group, the Public: N/A. [email protected]). Scientific Room 3.2.C, 1300 Pennsylvania Avenue, inquiries should be submitted to Daniel NW., Washington, DC 20229. Dated: November 14, 2006. Levy, M.D., FACC, Director, FOR FURTHER INFORMATION CONTACT: Tracey Denning, Framingham Heart Study, Center for Requests for additional information Agency Clearance Officer, Information Population Studies, National Heart, should be directed to Bureau of Customs Services Branch. Lung, & Blood Institute, 73 Mt. Wayte and Border Protection, Attn.: Tracey [FR Doc. E6–19596 Filed 11–17–06; 8:45 am] Avenue, Suite 2, Framingham, MA Denning, Room 3.2.C, 1300 BILLING CODE 9111–14–P 01702 (E-mail: [email protected]). Pennsylvania Avenue, NW., Washington, DC 20229, Tel. (202) 344– DATES: Effective Dates: Inquiries 1429. DEPARTMENT OF HOMELAND regarding this Notice and scientific SECURITY SUPPLEMENTARY INFORMATION: CBP matters may be forwarded at any time. invites the general public and other Confidential, written letters of interest, Bureau of Customs and Border Federal agencies to comment on Protection preferably two pages or less, must be proposed and/or continuing information submitted to NHLBI on or before collections pursuant to the Paperwork [CBP Dec. 06–35] January 19, 2007. Guidelines on next Reduction Act of 1995 (Pub. L. 104–13; steps will be communicated shortly 44 U.S.C. 3505(c)(2)). The comments Re-Accreditation and Re-Approval of thereafter to all respondents with whom should address: (a) Whether the Inspectorate America Corporation as a initial confidential discussions will collection of information is necessary Commercial Gauger and Laboratory have established sufficient mutual for the proper performance of the AGENCY: Bureau of Customs and Border interest. functions of the agency, including Protection, Department of Homeland Dated: November 3, 2006. whether the information shall have Security. Suzanne Freeman, practical utility; (b) the accuracy of the ACTION: Notice of re-approval of agency’s estimates of the burden of the Inspectorate America Corporation of NHLBI Project Clearance Liaison, National collection of information; (c) ways to Institutes of Health. Aston, Pennsylvania, as a commercial enhance the quality, utility, and clarity gauger and laboratory. Dated: November 3, 2006. of the information to be collected; (d) Daniel Levy, ways to minimize the burden including SUMMARY: Notice is hereby given that, Director of the NHLBI Framingham Heart the use of automated collection pursuant to 19 CFR 151.12 and 151.13, Study, National Institutes of Health. techniques or the use of other forms of Inspectorate America Corporation, 507 [FR Doc. E6–19522 Filed 11–17–06; 8:45 am] information technology; and (e) Duttons Mill Road, Suite A–1, Aston, BILLING CODE 4140–01–P estimates of capital or start-up costs and Pennsylvania 19014, has been re- costs of operations, maintenance, and approved to gauge petroleum and purchase of services to provide petroleum products, organic chemicals information. The comments that are and vegetable oils, and to test petroleum submitted will be summarized and and petroleum products for customs included in the request for Office of purposes, in accordance with the Management and Budget (OMB) provisions of 19 CFR 151.12 and 151.13.

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DATES: The re-approval of Inspectorate districts are defined in the General adjuster, or FEMA employee or America Corporation as a commercial Notice published in the Federal contractor. gauger and laboratory became effective Register, Volume 60, No. 187, Affected Public: Individuals or on June 13, 2006. The next triennial September 27, 1995. households and Business or other for inspection date will be scheduled for Section 1893 of the Tax Reform Act of profit. June 2009. 1986 (Pub. L. 99–514) provides that Number of Respondents: 2,000. FOR FURTHER INFORMATION CONTACT: notices of the date on which the Estimated Time per Respondent: 2 Eugene J. Bondoc, Ph.D, or Randall payment is due for each broker permit hours. Breaux, Laboratories and Scientific shall be published by the Secretary of Estimated Total Annual Burden Services, Bureau of Customs and Border the Treasury in the Federal Register by Hours: 4,000. Protection, 1300 Pennsylvania Avenue, no later than 60 days before such due Frequency of Response: One-time. NW., Suite 1500N, Washington, DC date. Comments: Interested persons are 20229, 202–344–1060. This document notifies brokers that invited to submit written comments on the proposed information collection to Dated: November 13, 2006. for 2007, the due date of the user fee is the Office of Information and Regulatory Ira S. Reese, January 19, 2007. It is expected that the annual user fees for brokers for Affairs, Office of Management Budget, Executive Director, Laboratories and Attention: Nathan Lesser, Desk Officer, Scientific Services. subsequent years will be due on or about the 20th of January of each year. Department of Homeland Security/ [FR Doc. E6–19591 Filed 11–17–06; 8:45 am] FEMA, and sent via electronic mail to Dated: November 9, 2006 BILLING CODE 9111–14–P [email protected] or faxed Jayson P. Ahern, to (202) 395–6974. Comments must be Assistant Commissioner, Office of Field submitted on or before December 20, DEPARTMENT OF HOMELAND Operations. 2006. SECURITY [FR Doc. E6–19588 Filed 11–17–06; 8:45 am] FOR FURTHER INFORMATION CONTACT BILLING CODE 9111–14–P : Bureau of Customs and Border Requests for additional information or Protection copies of the information collection DEPARTMENT OF HOMELAND should be made to Chief, Records Annual User Fee for Customs Broker SECURITY Management, FEMA, 500 C Street, SW., Permit and National Permit: General Room 316, Washington, DC 20472, Notice Federal Emergency Management facsimile number (202) 646–3347, or AGENCY: Bureau of Customs and Border Agency e-mail address FEMA-Information- [email protected]. Protection, Department of Homeland Agency Information Collection Security. Activities: Submission for OMB Dated: November 13, 2006. ACTION: Notice of Due Date for Customs Review; Comment Request John A. Sharetts-Sullivan, Broker User Fee. Chief, Records Management and Privacy, AGENCY: Federal Emergency Information Resources Management Branch, SUMMARY: This is to advise Customs Management Agency, DHS. Information Technology Services Division, brokers that the annual fee of $125 that Federal Emergency Management Agency, ACTION: is assessed for each permit held by a Notice and request for Department of Homeland Security. comments. broker whether it may be an individual, [FR Doc. E6–19529 Filed 11–17–06; 8:45 am] partnership, association or corporation, SUMMARY: The Federal Emergency BILLING CODE 9110–11–P is due by January 19, 2007. This Management Agency (FEMA) has announcement is being published to submitted the following information comply with the Tax Reform Act of collection to the Office of Management DEPARTMENT OF HOUSING AND 1986. and Budget (OMB) for review and URBAN DEVELOPMENT DATES: Due date for payment of fee: clearance in accordance with the January 19, 2007. requirements of the Paperwork [Docket No. FR–5037–N–85] FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995. The submission Notice of Submission of Proposed Bruce Raine, Broker Management describes the nature of the information Information Collection to OMB; Utility Branch, (202) 344–2702. collection, the categories of Allowance Adjustments SUPPLEMENTARY INFORMATION: Section respondents, the estimated burden (i.e., 13031 of the Consolidated Omnibus the time, effort and resources used by AGENCY: Office of the Chief Information Budget Reconciliation Act of 1985 (Pub. respondents to respond) and cost, and Officer, HUD. includes the actual data collection L. 99–272) established that an annual ACTION: Notice. user fee of $125 is to be assessed for instruments FEMA will use. each Customs broker permit and Title: National Flood Insurance SUMMARY: The proposed information National permit held by an individual, Claims Appeals Process. collection requirement described below partnership, association or corporation. OMB Number: 1660–0095. has been submitted to the Office of This fee is set forth in the Customs Abstract: This information collection Management and Budget (OMB) for Regulations in section 111.96 (19 CFR implements the mandates of section 205 review, as required by the Paperwork 111.96). of the Bunning-Bereuter-Blumenauer Reduction Act. The Department is Customs Regulations provide that this Flood Insurance Reform Act of 2004 to soliciting public comments on the fee is payable for each calendar year in establish an appeal process for National subject proposal. each broker district where the broker Flood Insurance Program policyholders Multifamily project owners are was issued a permit to do business by in cases of unsatisfactory decisions on required to advise the Secretary of the the due date which will be published in claims, proofs of loss, and loss estimates need for and request approval of a new the Federal Register annually. Broker made by any insurance company, agent, utility allowance for tenants.

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DATES: Comments Due Date: December HUD’s Web site at http:// be collected; and (4) Minimize the 20, 2006. hlannwp031.hud.gov/po/i/icbts/ burden of the collection of information ADDRESSES: Interested persons are collectionsearch.cfm. on those who are to respond; including invited to submit comments regarding SUPPLEMENTARY INFORMATION: This through the use of appropriate this proposal. Comments should refer to notice informs the public that the automated collection techniques or the proposal by name and/or OMB Department of Housing and Urban other forms of information technology, approval Number (2502–0352) and Development has submitted to OMB a e.g., permitting electronic submission of should be sent to: HUD Desk Officer, request for approval of the information responses. Office of Management and Budget, New collection described below. This notice This notice also lists the following Executive Office Building, Washington, is soliciting comments from members of information: DC 20503; fax: 202–395–6974. the public and affecting agencies Title of Proposal: Utility Allowance FOR FURTHER INFORMATION CONTACT: concerning the proposed collection of Adjustments. Lillian Deitzer, Departmental Reports information to: (1) Evaluate whether the OMB Approval Number: 2502–0352. Management Officer, QDAM, proposed collection of information is Form Numbers: None. Department of Housing and Urban necessary for the proper performance of Description of the need for the Development, 451 Seventh Street, SW., the functions of the agency, including information and its proposed use: Washington, DC 20410; e-mail whether the information will have Multifamily project owners are [email protected] or practical utility; (2) Evaluate the required to advise the Secretary of the telephone (202) 708–2374. This is not a accuracy of the agency’s estimate of the need for and request approval of a new toll-free number. Copies of available burden of the proposed collection of utility allowance for tenants. documents submitted to OMB may be information; (3) Enhance the quality, Frequency of Submission: On obtained from Ms. Deitzer or from utility, and clarity of the information to occasion.

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

Reporting Burden ...... 4,824 1 0.5 2,412

Total Estimated Burden Hours: 2,412. Seward Meridian, Alaska 2. Parties receiving service of the Status: Extension of a currently T. 1 N., R. 83 W., decision by certified mail shall have 30 approved collection. Secs. 2, 12 and 13. days from the date of receipt to file an Authority: Section 3507 of the Paperwork Containing approximately 1,128 acres. appeal. Reduction Act of 1995, 44 U.S.C. 35, as T. 3 N., R. 97 W., Parties who do not file an appeal in amended. Sec. 6. accordance with the requirements of 43 Dated: November 13, 2006. Containing approximately 0.32 acres. CFR part 4, subpart E, shall be deemed Lillian L. Deitzer, T. 3 N., R. 98 W., to have waived their rights. Sec. 22. Departmental Paperwork Reduction Act ADDRESSES: A copy of the decision may Officer, Office of the Chief Information Containing 640 acres. Officer. T. 3 N., R. 99 W., be obtained from: Bureau of Land Management, Alaska State Office, 222 [FR Doc. E6–19497 Filed 11–17–06; 8:45 am] Secs. 3, 4 and 5; Secs. 7 to 10, inclusive; West Seventh Avenue, #13, Anchorage, BILLING CODE 4210–67–P Secs. 15 to 19, inclusive; Alaska 99513–7599. Secs. 23, 24 and 30. Containing approximately 6,831 acres. FOR FURTHER INFORMATION CONTACT: The T. 4 N., R. 99 W., Bureau of Land Management by phone DEPARTMENT OF THE INTERIOR Sec. 33. at 907–271–5960, or by e-mail at [email protected]. Persons Bureau of Land Management Containing 29.28 acres. Total aggregate approximately 8,691 acres. who use a telecommunication device (TTD) may call the Federal Information A portion of the subsurface estate in [AK–964–1410–KC-P; F–14895–A and F– Relay Service (FIRS) at 1–800–877– 14895–A2] these lands will be conveyed to Calista 8330, 24 hours a day, seven days a Corporation when the surface estate is Alaska Native Claims Selection conveyed to NIMA Corporation. The week, to contact the Bureau of Land remaining lands lie within Nunivak Management. AGENCY: Bureau of Land Management, Island National Wildlife Refuge, Interior. Renee Fencl, established April 15, 1929. The Land Law Examiner, Branch of Adjudication ACTION: Notice of decision approving subsurface estate in the refuge lands II. lands for conveyance. will be reserved to the United States at [FR Doc. E6–19550 Filed 11–17–06; 8:45 am] the time of conveyance. Notice of the SUMMARY: As required by 43 CFR decision will also be published four BILLING CODE 4310–$$–P 2650.7(d), notice is hereby given that an times in the Tundra Drums. appealable decision approving lands for conveyance pursuant to the Alaska DATES: The time limits for filing an Native Claims Settlement Act will be appeal are: issued to NIMA Corporation. The lands 1. Any party claiming a property are in the vicinity of Dall Lake and on interest which is adversely affected by Nunivak Island, Alaska, and are located the decision shall have until December in: 20, 2006 to file an appeal.

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DEPARTMENT OF THE INTERIOR hard copy of the agenda, should contact Salt Lake Meridian Mark Struble, Carson City Field Office, T. 42 S., R. 15 W., Bureau of Land Management 5665 Morgan Mill Road, Carson City, sec. 24, portions of S1⁄2NW1⁄4SE1⁄4SW1⁄4, 1 1 1 [NV912–07–1990–PO–241A–006F] NV 89701, telephone (775) 885–6107, S ⁄2SE ⁄4SW ⁄4. no later than two weeks before each The area described contains 15 acres Sierra Front-Northwestern Great Basin two-day meeting. in Washington County. Resource Advisory Council; Notice of FOR FURTHER INFORMATION CONTACT: The City of Washington has filed with Meeting Locations and Times Mark Struble, Public Affairs Officer, BLM an application pursuant to the BLM Carson City Field Office, 5665 R&PP Act, as amended. The City of AGENCY: Bureau of Land Management, Washington proposes to the use the land Interior. Morgan Mill Road, Carson City, NV 89701. Telephone: (775) 885–6107. E- for a wareyard to accommodate office ACTION: Notice of Meeting Locations and mail: [email protected]. and storage space for City departments Times for the Sierra Front-Northwestern based on a plan submitted with the Great Basin Resource Advisory Council Dated: November 14, 2006. application. The public land is not (Nevada). Don Hicks, required for any Federal purpose. Field Office Manager, BLM–Carson City Field Lease/conveyance is consistent with SUMMARY: In accordance with the Office. current BLM planning for this area and Federal Land Policy and Management [FR Doc. E6–19549 Filed 11–17–06; 8:45 am] would be in the public interest. The Act and the Federal Advisory BILLING CODE 4310–HC–P lease/conveyance, when issued, would Committee Act of 1972 (FACA), two be subject to the following terms, meetings of the U.S. Department of the conditions, and reservations: Interior, Bureau of Land Management DEPARTMENT OF THE INTERIOR 1. Provisions of the R&PP Act and all (BLM) Sierra Front-Northwestern Great applicable regulations of the Secretary Basin Resource Advisory Council Bureau of Land Management of the Interior. (RAC), Nevada, will be held as indicated [UT–100–1430–ES; U–82096] 2. A right-of-way for ditches and below. Topics for discussion at the canals constructed by the authority of meetings will include, but are not Notice of Realty Action; Recreation the United States, Act of August 30, limited to: manager’s reports of field and Public Purposes Act 1890 (43 U.S.C. 945). office activities; RAC subcommittee Classification; Utah 3. All minerals are reserved to the reports; Southern Nevada Public Land United States, together with the right to Management Act-Round 7 Nominations; AGENCY: Bureau of Land Management, prospect for, mine, and remove the Pine Nut Mountain RMP Amendment/ Interior. minerals, under applicable laws and DEIS; Winnemucca RMP/DEIS; Alpine ACTION: Notice of Realty Action. regulations established by the Secretary County RMP Amendment; Sand of the Interior. Mountain Conservation Strategy; Coer- SUMMARY: The Bureau of Land 4. All valid existing rights. Rochester Mine Plan/DEIS; Aqua Trac Management (BLM) has examined and 5. Any other reservations that the Water Export Project; Echo Canyon found suitable for classification for lease authorized officer determines Cement Plant Plan; renewable energy or conveyance to the City of Washington appropriate to ensure public access and projects review; grazing allotment under the provisions of the Recreation proper management of Federal lands review; and additional topics the and Public Purposes Act (R&PP), as and interests therein. Detailed council may raise during the meetings. amended, 15 acres of public land information concerning the proposed Dates & Times: The RAC will meet on located in Washington County, Utah. lease or conveyance, including Wednesday-Thursday, February 7–8, The City of Washington proposes to the environmental records, is available at 2007, at the BLM-Carson City Field use the land for a wareyard to the BLM St. George Field Office at the Office, 5665 Morgan Mill Road, Carson accomodate office and storage space for address above. City, Nevada; and on Wednesday- City departments. On November 20, 2006, the above Thursday, July 11–12, 2007, at the BLM- ADDRESSES: Bureau of Land described land will be segregated from Winnemucca Field Office, 5100 East Management, St. George Field Office, all other forms of appropriation under Winnemucca Blvd., Winnemucca, 345 E. Riverside Drive, St. George, Utah the public land laws, including the Nevada. All meetings are open to the 84790. general mining laws, except for lease or public. A general public comment DATES: Interested persons may submit conveyance under the R&PP Act and period, where the public may submit written comments to the BLM at the leasing under the mineral leasing laws. oral or written comments to the RAC, address stated below. Comments must Interested persons may submit will be held on the first day of each two- be received by not later than January 4, comments regarding the proposed day meeting at 4 p.m. (February 7 & July 2007. classification or lease/conveyance of the 11). land to the Field Office Manager, BLM Final agendas, with any additions/ FOR FUTHER INFORMATION CONTACT: Kathy St. George Field Office at the address corrections to agenda topics, the starting Abbott, BLM Realty Specialist, at the above. Comments must be received by and ending times of each meeting, and address above or at (435) 688–3234. not later than January 4, 2007. details of any planned field trips, will SUPPLEMENTARY INFORMATION: The be determined/posted at least two weeks following described public land in Classification Comments before each two-day meeting on the Washington County, Utah has been Interested parties may submit BLM-Nevada State Office Web site at examined and found suitable for comments involving the suitability of http://www.nv.blm.gov/rac; hard copies classification for lease or conveyance for the lands for a City wareyard. of the agendas can also be mailed or a municipal wareyard under provisions Comments on the classification are sent via FAX. Individuals who need of the Recreation and Public Purposes restricted to whether the land is special assistance such as sign language (R&PP) Act, as amended (43 U.S.C. 869 physically suited for the proposal, interpretation or other reasonable et seq.), and is hereby classified whether the use will maximize the accommodations, or those who wish a accordingly: future use or uses of the land, whether

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the use is consistent with local planning survey of the lands described below in DATES: Submit written comments by and zoning, or if the use is consistent the BLM–Eastern States, Springfield, December 20, 2006. with State and Federal programs. Virginia, 30 calendar days from the date ADDRESSES: You may submit comments of publication in the Federal Register. Application Comments on this information collection directly FOR FURTHER INFORMATION CONTACT: to the Office of Management and Budget Interested parties may submit Bureau of Land Management, 7450 (OMB), Office of Information and comments regarding the specific use Boston Boulevard, Springfield, Virginia Regulatory Affairs, OMB, Attention: proposed in the City of Washington’s 22153. Attn: Cadastral Survey. Desk Officer for the Department of the application, whether the BLM followed SUPPLEMENTARY INFORMATION: This Interior via OMB e-mail: proper administrative procedures in survey was requested by the Bureau of ([email protected]); or by processing the application and in Indian Affairs. fax (202) 395–6566; identify with (1010– reaching the proposed decision, or any The lands we surveyed are: 0091). other factor not directly related to the District Number 9, Graham County, Submit a copy of your comments to suitability of the land for City wareyard North Carolina the Department of the Interior, MMS, purposes. Tract Number 88 and a portion of Tract via: • All submissions from organizations or Number 87. MMS’s Public Connect on-line businesses will be made available for The plat of survey represents the commenting system, https:// public inspection in their entirety. dependent resurvey of Tract Number 88 ocsconnect.mms.gov. Follow the Individuals may request confidentiality and a portion of Tract Number 87, and instructions on the Web site for with respect to their name, address, and was accepted November 1, 2006. We submitting comments. • E-mail MMS at phone number. If you wish to have your will place a copy of the plat we [email protected]. Use name or street address withheld from described in the open files. It will be Information Collection Number 1010– public review, or from disclosure under available to the public as a matter of 0091, in the subject line. the Freedom of Information Act, the first information. • Fax: 703–787–1093. Identify with line of the comment should start with If BLM receives a protest against this Information Collection Number 1010– the words ‘‘CONFIDENTIALITY survey, as shown on the plat, prior to 0091. REQUEST’’ in uppercase letters in order the date of the official filing, we will • Mail or hand-carry comments to the for BLM to comply with your request. stay the filing pending our Department of the Interior; Minerals Such requests will be honored to the consideration of the protest. Management Service; Attention: Rules extent allowed by law. Comment We will not officially file the plat Processing Team (RPT); 381 Elden contents will not be kept confidential. until the day after we have accepted or Street, MS–4024; Herndon, Virginia Any adverse comments will be dismissed all protests and they have 20170–4817. Please reference reviewed by the State Director. In the become final, including decisions on ‘‘Information Collection 1010–0091’’ in absence of any adverse comments, the appeals. decision to lease or convey will become your comments. Dated: November 1, 2006. the final decision of the Department of FOR FURTHER INFORMATION CONTACT: the Interior. In the absence of any Joseph W. Beaudin, Cheryl Blundon, Regulations and adverse comments, the classification Acting Chief Cadastral Surveyor. Standards Branch, (703) 787–1607. You will become effective on January 19, [FR Doc. E6–19567 Filed 11–17–06; 8:45 am] may also contact Cheryl Blundon to 2007. The land will not be offered for BILLING CODE 4310–GJ–P obtain a copy, at no cost, of the ICR and lease/conveyance until after the the regulations that require the subject classification becomes effective. collection of information. (Authority: 43 CFR 2741.5) DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Title: 30 CFR 254, ‘‘Oil-Spill Response Dated: July 18, 2006. Minerals Management Service Requirements for Facilities Located Kim Leany, Agency Information Collection Seaward of the Coast Line.’’ Acting Field Office Manager. Activities: Submitted for Office of OMB Control Number: 1010–0091. Abstract: The Federal Water Pollution Management and Budget (OMB) Editorial Note: This document was Control Act (FWPCA), as amended by Review; Comment Request received at the Office of the Federal Register the Oil Pollution Act of 1990 (OPA), on November 14, 2006. AGENCY: Minerals Management Service requires that a spill-response plan be [FR Doc. E6–19507 Filed 11–17–06; 8:45 am] (MMS), Interior. submitted for offshore facilities prior to BILLING CODE 4310–DQ–P ACTION: Notice of an extension of an February 18, 1993. The OPA specifies information collection (1010–0091). that after that date, an offshore facility may not handle, store, or transport oil DEPARTMENT OF THE INTERIOR SUMMARY: To comply with the unless a plan has been submitted. This Bureau of Land Management Paperwork Reduction Act of 1995 authority and responsibility are among (PRA), we are notifying the public that those delegated to the Minerals [ES–960–1420–BJ–TRST; Group No. 17, we have submitted to OMB an Management Service (MMS) by North Carolina] information collection request (ICR) to Executive Order 12777. Regulations at renew approval of the paperwork 30 CFR part 254 establish requirements Eastern States: Filing of Plat of Survey requirements in the regulations under for spill-response plans for oil-handling AGENCY: Bureau of Land Management, 30 CFR part 254, ‘‘Oil-Spill Response facilities seaward of the coast line, Interior. Requirements for Facilities Located including associated pipelines. ACTION: Notice of Filing of Plat of Seaward of the Coast Line.’’ This notice The MMS uses the information Survey; North Carolina. also provides the public a second collected under 30 CFR 254 to opportunity to comment on the determine compliance with OPA by SUMMARY: The Bureau of Land paperwork burden of these regulatory owners/operators. Specifically, MMS Management (BLM) will file the plat of requirements. needs the information to:

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• Determine effectiveness of the spill- • Oversee spill-response efforts and Estimated Number and Description of response capability of owners/operators. maintain official records of pollution Respondents: Approximately 197 • Review plans prepared under the events. owners or operators of facilities located regulations of a State and submitted to • Assess the efforts of owners/ in both State and Federal waters MMS to satisfy the requirements to operators to prevent oil spills or prevent seaward of the coast line. ensure that they meet minimum substantial threats of such discharges. requirements of OPA. No proprietary, confidential, or Estimated Reporting and • Verify that personnel involved in sensitive information is collected. Recordkeeping ‘‘Hour’’ Burden: The oil-spill response are properly trained However, we will protect any estimated annual ‘‘hour’’ burden for this and familiar with the requirements of information from respondents information collection is a total of the spill-response plans and to witness considered proprietary under the 35,070 hours. In calculating the spill-response exercises. Freedom of Information Act (5 U.S.C. burdens, we assumed that respondents • Assess the sufficiency and 552) and its implementing regulations perform certain requirements in the availability of contractor equipment and (43 CFR part 2) and under regulations at normal course of their activities. We materials. 30 CFR parts 250, 251, and 252. consider these to be usual and • Verify that sufficient quantities of Responses are mandatory. customary and took that into account in equipment are available and in working Frequency: On occasion, monthly, estimating the burden. order. annually, biennially, and triennially.

Annual Citation 30 CFR 254 Reporting requirement Hour Average number of annual burden burden responses hours

254.1(a) thru (d); 254.2(a); 254.3 Submit spill response plan for OCS 120 26 new plans ...... 3,120 thru 254.5; 254.7; 254.20 thru facilities and related documents. 254.29; 254.44(b). 254.1(e) ...... Request MMS jurisdiction over facil- 0.5 2 requests...... 1 ity landward of coast line (no re- cent request received). 254.2(b) ...... Submit certification of capability to 15 1 certification...... 15 respond to worst case discharge or substantial threat of such. 254.2(c); 254.30 ...... Submit revised spill response plan 36 177 revised plans ...... 6,372 for OCS facilities at least every 2 1 1 No change ...... 1 years; notify MMS of no change. 254.2(c) ...... Request deadline extension for sub- 4 11 ...... 44 mission of revised plan. 254.8 ...... Appeal MMS orders or decisions ...... Exempt under 5 CFR 1320.4(a)(2), (c) 0 254.40 ...... Make records of all OSRO-provided 5 20 ...... 100 services, equipment, personnel available to MMS. 254.41 ...... Conduct annual training; retain train- 25 197 owners/operators...... 4,925 ing records for 2 years. 254.42(a) thru (e) ...... Conduct triennial response plan ex- 110 134 exercises...... 14,740 ercise; retain exercise records for 3 years. 254.42(f) ...... Inform MMS of the date of any exer- 1 170 notifications...... 170 cise (triennial). 254.43 ...... Inspect response equipment month- 3.5 55 inspections × 12 months = 660 .. 2,310 ly; retain inspection & mainte- nance records for 2 years. 254.46(a) ...... Notify NRC of all oil spills from Burden would be included in the NRC inventory 0 owner/operator facility. 254.46(b) ...... Notify MMS of oil spills of one barrel 2 61 notifications & reports ...... 122 or more from owner/operator facil- ity; submit follow-up report. 254.46(c) ...... Notify MMS & responsible party of 2 24 notifications...... 48 oil spills from operations at an- other facility. 254.50; 254.51 ...... Submit response plan for facility in 42 10 plans...... 420 State waters by modifying existing OCS plan. 254.50; 254.52 ...... Submit response plan for facility in 100 9 plans...... 900 State waters following format for OCS plan. 254.50; 254.53 ...... Submit response plan for facility in 89 18 plans...... 1,602 State waters developed under State requirements. 254.54 ...... Submit description of oil-spill preven- 5 36 submissions...... 180 tion procedures.

Total Hour Burden ...... 1,557 ...... 35,070

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Estimated Reporting and to the extent allowable by the law; Regulatory Affairs, OMB, Attention: Recordkeeping ‘‘Non-Hour Cost’’ however, anonymous comments will Desk Officer for the Department of the Burden: We have identified no not be considered. There may be Interior via OMB e-mail: paperwork ‘‘non-hour cost’’ burdens circumstances in which we would ([email protected]); or by associated with the collection of withhold from the record a respondent’s fax (202) 395–6566; identify with (1010– information. identity, as allowable by the law. If you 0071). Public Disclosure Statement: The PRA wish us to withhold your name and/or Submit a copy of your comments to (44 U.S.C. 3501, et seq.) provides that an address, you must state this the Department of the Interior, MMS, agency may not conduct or sponsor a prominently at the beginning of your via: collection of information unless it comment. In addition, you must present • MMS’s Public Connect on-line displays a currently valid OMB control a rationale for withholding this commenting system, https:// number. Until OMB approves a information. This rationale must ocsconnect.mms.gov. Follow the collection of information, you are not demonstrate that disclosure ‘‘would instructions on the Web site for obligated to respond. constitute an unwarranted invasion of submitting comments. Comments: Section 3506(c)(2)(A) of privacy.’’ Unsupported assertions will • E-mail MMS at the PRA (44 U.S.C. 3501, et seq.) not meet this burden. In the absence of [email protected]. Use requires each agency ‘‘* * * to provide exceptional, documentable Information Collection Number 1010– notice* * * and otherwise consult with circumstances, this information will be 0071 in the subject line. members of the public and affected released. All submissions from • Fax: 703–787–1093. Identify with agencies concerning each proposed organizations or businesses, and from Information Collection Number 1010– collection of information * * *’’ individuals identifying themselves as 0071. Agencies must specifically solicit representatives or officials of • Mail or hand-carry comments to the comments to: (a) Evaluate whether the organizations or businesses, will be Department of the Interior, Minerals proposed collection of information is made available for public inspection in Management Service, Attention: Rules necessary for the agency to perform its their entirety. Processing Team (RPT), 381 Elden duties, including whether the MMS Information Collection Street, MS–4024, Herndon, Virginia information is useful; (b) evaluate the Clearance Officer: Arlene Bajusz, (202) 20170–4817. Please reference accuracy of the agency’s estimate of the 208–7744. ‘‘Information Collection 1010–0071’’ in burden of the proposed collection of your comments. information; (c) enhance the quality, Dated: October 16, 2006. FOR FURTHER INFORMATION CONTACT: usefulness, and clarity of the E.P. Danenberger, Cheryl Blundon, Rules Processing information to be collected; and (d) Chief, Office of Offshore Regulatory Programs. Team, (703) 787–1600. You may also minimize the burden on the [FR Doc. E6–19513 Filed 11–17–06; 8:45 am] contact Cheryl Blundon to obtain a respondents, including the use of BILLING CODE 4310–MR–P automated collection techniques or copy, at no cost, of the ICR and other forms of information technology. regulations that require the subject To comply with the public DEPARTMENT OF THE INTERIOR collection of information. consultation process, on April 10, 2006, SUPPLEMENTARY INFORMATION: we published a Federal Register notice Minerals Management Service Title: 30 CFR part 203, ‘‘Relief or (71 FR 18113) announcing that we Reduction in Royalty Rates.’’ would submit this ICR to OMB for Agency Information Collection OMB Control Number: 1010–0071. approval. The notice provided the Activities: Submitted for Office of Abstract: The Outer Continental Shelf required 60-day comment period. In Management and Budget (OMB) (OCS) Lands Act, as amended by Public addition, 30 CFR 254.9 displays the Review; Comment Request Law 104–58, Deep Water Royalty Relief Act (DWRRA), gives the Secretary of the OMB control number, specifies that the AGENCY: Minerals Management Service Interior (Secretary) the authority to public may comment at anytime on the (MMS), Interior. collection of information required in the reduce or eliminate royalty or any net ACTION: Notice of a revision of an 30 CFR 254 regulations, and provides profit share specified in OCS oil and gas information collection (1010–0071). the address to which they should send leases to promote increased production. The DWRRA also authorized the comments. We have received no SUMMARY: To comply with the comments in response to those efforts. Paperwork Reduction Act of 1995 Secretary to suspend royalties when If you wish to comment in response (PRA), we are notifying the public that necessary to promote development or to this notice, you may send your we have submitted to OMB an recovery of marginal resources on comments to the offices listed under the information collection request (ICR) to producing or non-producing leases in ADDRESSES section of this notice. OMB renew approval of the paperwork the Gulf of Mexico (GOM) west of 87 has up to 60 days to approve or requirements in the regulations under degrees, 30 minutes West longitude. disapprove the information collection 30 CFR part 203, ‘‘Relief or Reduction Section 302 of the DWRRA provides but may respond after 30 days. in Royalty Rates.’’ This notice also that new production from a lease in Therefore, to ensure maximum provides the public a second existence on November 28, 1995, in a consideration, OMB should receive opportunity to comment on the water depth of at least 200 meters, and public comments by December 20, 2006. paperwork burden of these regulatory in the GOM west of 87 degrees, 30 Public Comment Procedures: MMS’s requirements. minutes West longitude qualifies for practice is to make comments, including royalty suspension in certain situations. names and addresses of respondents, DATES: Submit written comments by To grant a royalty suspension, the available for public review. If you wish December 20, 2006. Secretary must determine that the new your name and/or address to be ADDRESSES: You may submit comments production or development would not withheld, you must state this on this information collection directly be economic in the absence of royalty prominently at the beginning of your to the Office of Management and Budget relief. The Secretary must then comment. MMS will honor the request (OMB), Office of Information and determine the volume of production on

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which no royalty would be due in order request royalty relief. Section 203.3 We will protect information from to make the new production from the states that, ‘‘We will specify the respondents considered proprietary lease economically viable. This necessary fees for each of the types of according to 30 CFR parts 203.6(b) and determination is done on a case-by-case royalty-relief applications and possible 250, and the Freedom of Information basis. Production from leases in the MMS audits in a Notice to Lessees. We Act (5 U.S.C. 552) and its implementing same water depth and area issued after will periodically update the fees to regulations (43 CFR part 2). No items of November 28, 2000, also can qualify for reflect changes in costs as well as a sensitive nature are collected. royalty suspension in addition to any provide other information necessary to Responses are required to obtain a that may be included in their lease administer royalty relief.’’ benefit. terms. Frequency: On occasion. In addition, Federal policy and statute The MMS use the information to Estimated Number and Description of require us to recover the cost of services make decisions on the economic Respondents: Approximately 130 that confer special benefits to viability of leases requesting a Federal OCS oil and gas lessees. identifiable non-Federal recipients. The suspension or elimination of royalty or Estimated Reporting and Independent Offices Appropriation Act net profit share. These decisions have Recordkeeping ‘‘Hour’’ Burden: The (31 U.S.C. 9701), Office of Management enormous monetary impacts to both the estimated annual ‘‘hour’’ burden for this and Budget (OMB) Circular A–25, and lessee and the Federal Government. information collection is a total of 4,721 the Omnibus Appropriations Bill (Pub. Royalty relief can lead to increased hours. The following chart details the L. 104–133 110 Stat. 1321, April 26, production of natural gas and oil, individual components and estimated 1996) authorize the Minerals creating profits for lessees and royalty hour burdens. In calculating the Management Service (MMS) to collect and tax revenues for the government burdens, we assumed that respondents these fees to reimburse us for the cost that they might not otherwise receive. perform certain requirements in the to process applications or assessments. We could not make an informed normal course of their activities. We Regulations at 30 CFR part 203 decision without the collection of consider these to be usual and implement these statutes and policy and information required by 30 CFR part customary and took that into account in require respondents to pay a fee to 203. estimating the burden.

Application fees Reporting or recordkeeping requirement 30 Citation 30 CFR 203 CFR part 203 Hour Average number of Annual burden burden annual responses hours

43(a); 46(a) ...... Notify MMS of intent to begin drilling ...... 1 45 45 43(b)(1), (2), (d), (e) ...... Notify MMS that production has begun, re- 2 15 30 quest extension, request confirmation of the size of RSV. 46 ...... Provide data from well to confirm and attest 8 10 80 well drilled was an unsuccessful certified well and request supplement. 51; 83; 84 ...... Application—leases that generate earnings 100 1 Application every 3 34 (rounded) that cannot sustain continued production years (end-of-life lease). Application 1⁄3 × $8,000 = $2,667 (rounded)* Audit 1⁄3 × $12,500 = $4,167 (rounded) 55 ...... Renounce relief arrangement (end-of-life) 1 1 Letter every 3 years 1 (rounded) (seldom, if ever will be used; minimal bur- den to prepare letter). 61; 62; 64; 65; 71; 83; 85–89 ...... Application—leases in designated areas of 2,000 1 Application every 3 667 (rounded) GOM deep water acquired in lease sale years before 11/28/95 or after 11/28/00 and are producing (deep water expansion project). Application 1⁄3 × $19,500 = $6,500 61; 62; 64; 65; 203.71; 203.83; 203.85–89 ... Application—leases in designated areas of 2,000 1 Application every 3 667 (rounded) deep water GOM, acquired in lease sale years before 11/28/95 or after 11/28/00, that have not produced (pre-act or post-2000 deep water leases). Application 1⁄3 × $34,000 = $11,334 (rounded)* Audit 1⁄3 × $37,500 = $12,500 61; 62; 64; 65; 71; 83; 85–89 ...... Application—preview assessment (seldom if 900 1 Application every 3 300 ever will be used as applicants generally years opt for binding determination by MMS in- stead). Application 1⁄3 × $34,000 = $11,334 (rounded) 74; 75 ...... Redetermination ...... 500 1 Redetermination 167 (rounded) every 3 years Application 1⁄3 × $16,000 = $5,334 (rounded)* 70; 81; 90; 91 ...... Submit fabricator’s confirmation report ...... 20 1 Report every 3 7 (rounded) years 70; 81; 90; 92 ...... Submit post-production development report 50 1 Report* every 3 17 (rounded) years 70; 79(a) ...... Request reconsideration of MMS field des- 400 1 Request every 3 134 (rounded) ignation. years

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Application fees Reporting or recordkeeping requirement 30 Citation 30 CFR 203 CFR part 203 Hour Average number of Annual burden burden annual responses hours

77 ...... Renounce relief arrangement (deep water) 1 1 Letter every 3 years 1 (rounded) (seldom, if ever will be used; minimal bur- den to prepare letter). 79(c) ...... Request extension of deadline to start con- 2 1 Request every 3 1 (rounded) struction. years 80 ...... Application—apart from formal programs for 250 2 applications 500 royalty relief for marginal producing lease (Special Case Relief). Application 2 × $8,000** = $16,000 Audit 1 × $10,000 = $10,000 80 ...... Application—apart from formal programs for GOM 2 Applications 2000 royalty relief for marginal expansion 1,000 project or marginal non-producing lease (Special Case Relief). Application 2 × $19,500** = $39,000 Audit 1 × $20,000 = $20,000 POCS 1 Application 40 40 Application 1 × $6,500*** = $6,500 81; 83–89 ...... Required reports ...... Burden included with 0 applications 83 ...... Application—short form to add or assign 40 1 Application every 3 14 (rounded) pre-Act lease. years Application 1⁄3 × $1,000 = $334 (rounded) 91 ...... Retain supporting cost records for post-pro- 8 2 Recordkeepers 16 duction development/fabrication reports (records retained as usual/customary business practice; minimal burden to make available at MMS request). Total Annual Burden ...... 89 Responses 4,721 Hours Total Fees = $145,670

Estimated Reporting and agency may not conduct or sponsor a required 60-day comment period. In Recordkeeping ‘‘Non-Hour Cost’’ collection of information unless it addition, § 203.82 provides the OMB Burden: There are two non-hour costs displays a currently valid OMB control control number for the information associated with this information number. Until OMB approves a collection requirements imposed by the collection. The estimated non-hour cost collection of information, you are not 30 CFR part 203 regulations. The burden is $280,670. This estimate is obligated to respond. regulation also informs the public that based on: Comments: Section 3506(c)(2)(A) of they may comment at any time on the (a) Application and audit fees. The the PRA (44 U.S.C. 3501, et seq.) collections of information and provides total annual estimated cost burden for requires each agency ‘‘* * * to provide the address to which they should send these fees is $145,670 (refer to burden notice * * * and otherwise consult comments. We received two comments chart). with members of the public and affected in response to these efforts. Neither (b) Cost of reports prepared by agencies concerning each proposed comment was germane to the IC cost or independent certified public collection of information * * * ’’ hour burden or the subject of the accountants. Under § 203.81, a report Agencies must specifically solicit collection itself. prepared by an independent certified comments to: (a) Evaluate whether the If you wish to comment in response public accountant (CPA) must proposed collection of information is to this notice, you may send your accompany the application and post- necessary for the agency to perform its comments to the offices listed under the production report (expansion project, duties, including whether the ADDRESSES section of this notice. OMB short form, and preview assessment information is useful; (b) evaluate the has up to 60 days to approve or applications are excluded). The OCS accuracy of the agency’s estimate of the disapprove the information collection Lands Act applications will require this burden of the proposed collection of but may respond after 30 days. report only once; the DWRRA information; (c) enhance the quality, Therefore, to ensure maximum applications will require this report at usefulness, and clarity of the consideration, OMB should receive two stages—with the application and information to be collected; and (d) public comments by December 20, 2006. post-production development report for minimize the burden on the Public Comment Procedures: MMS’s successful applicants. MMS estimates respondents, including the use of practice is to make comments, including approximately three submissions each automated collection techniques or names and addresses of respondents, year at an average cost of $45,000 per other forms of information technology. available for public review. If you wish report, for a total estimated annual cost To comply with the public your name and/or address to be burden of $135,000. consultation process, on March 15, withheld, you must state this The total of the two burdens is 2006, we published a Federal Register prominently at the beginning of your estimated at $280,670. notice (71 FR 13420) announcing that comment. MMS will honor the request Public Disclosure Statement: The PRA we would submit this ICR to OMB for to the extent allowable by the law; (44 U.S.C. 3501, et seq.) provides that an approval. The notice provided the however, anonymous comments will

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not be considered. There may be changing context of the parks within the electronically via http://www.nps.gov/ circumstances in which we would regional ecosystem. seki or http://planning.den.nps.gov/seki. withhold from the record a respondent’s Proposed Plan and Alternatives: The Printed and CD copies were sent upon identity, as allowable by the law. If you final EIS describes and analyzes five request, and also distributed to agencies wish us to withhold your name and/or alternatives which respond to both NPS and organizations listed as recipients in address, you must state this planning requirements and to the issues the Consultation and Coordination prominently at the beginning of your identified during the public scoping section of the EIS. Public meetings to comment. In addition, you must present process. The No-Action alternative facilitate review and comment on the a rationale for withholding this would continue current management Draft EIS were held during the comment information. This rationale must direction, and it is the baseline for period both in the parks, as well as in demonstrate that disclosure ‘‘would comparing the other alternatives (it was the following locations: Thee Rivers, constitute an unwarranted invasion of originally Alternative B when the Visalia, Fresno/Clovis, Sacramento, San primary.’’ Unsupported assertions will alternatives were first presented to the Francisco, Los Angeles and Bishop. not meet this burden. In the absence of public in the winter of 2000). The Approximately 400 comments were exception, documentable circumstances, Preferred Alternative would received; this information resulted in this information will be released. All accommodate sustainable growth and minor corrections and clarifications to submissions from organizations or visitor enjoyment, protect ecosystem the Draft EIS/GMP. Editorial changes businesses, and from individuals diversity, and preserve basic character and additional explanatory text on identifying themselves as while adapting to changing user groups topics of interest were incorporated. representatives or officials of (this was also determined to be There were no substantive changes due organizations or businesses, will be ‘‘environmentally preferred’’). to public commentary. made available for public inspection in Alternative A would emphasize natural Following the closure of the public their entirety. ecosystems and biodiversity, with comment period, Pub. L. 108–447 was MMS Information Collection reduced use and development; enacted and changes to the document to Clearance Officer: Arlene Bajusz, (202) Alternative C would preserve the parks’ accommodate this public law were 208–7744. traditional character and retain the feel made with regard to two areas with Dated: September 12, 2006. of yesteryear, with guided growth; and special use permits: (1) The law that E.P. Danenberger, Alternative D would preserve the basic appended the Mineral King area to the character and adapt to changing user park in 1978 required that use of cabins Chief, Office of Offshore Regulatory Programs. groups. Also included is a at Mineral King be phased out upon the [FR Doc. E6–19514 Filed 11–17–06; 8:45 am] comprehensive river management plan deaths of the permittees of record. Pub. BILLING CODE 4310–MR–P for the portions of the Middle and South L. 108–447 amended Pub. L. 95–625 by Forks of the Kings River and the North authorizing indefinite extension of Fork of the Kern River, which have been special use permits to heirs, successors DEPARTMENT OF THE INTERIOR designated by Congress as components and assigns; and (2) Pub. L. 108–447 National Park Service of the national wild and scenic rivers amended Pub. L. 99–338 to allow the system. The purpose of the river Secretary to permit Southern California Final General Management Plan and management plan is to provide direction Edison Co. up to two additional ten-year Comprehensive River Management and overall guidance on the permit periods of hydroelectric Plan/Middle and South Forks of the management of lands and uses within operations until 2026. Kings River and North Fork of the Kern the river corridors. Regarding Description of Alternatives: The Final River; Sequoia and Kings Canyon wilderness, although the GMP does EIS for the GMP/Comprehensive River National Parks, Tulare and Fresno address compatibility of the alternatives Management Plans includes four action Counties, California; Notice of with the park’s backcountry and alternatives and a no-action alternative Availability of Final Environmental wilderness values, there is no new which continues current management. Impact Statement wilderness designation proposed under The Comprehensive River management any of the alternatives. The foreseeable Plan would be common to every Summary: Pursuant to § 102(2)(C) of environmental consequences of each alternative. The No-Action Alternative the National Environmental Policy Act alternative, and appropriate mitigation (Continue Current Management): The of 1969 (Pub. L. 91–190, as amended), strategies, are identified and analyzed in parks are managed as they are now in and the Council on Environmental the EIS. accordance with approved plans (such Quality Regulations (40 CFR part 1500– Public Review and Changes in the as development concept plans, and the 1508), the National Park Service, Final Document: Prior to development 1996 Giant Forest Interim Management Department of the Interior, has prepared of the Draft EIS, nine scoping meetings Plan); negative resource impacts and a Final Environmental Impact Statement were held, seven planning newsletters visitor demands are mitigated by (EIS) for the General Management Plan issued; alternatives planning workshops relocating development, reducing some (GMP) and Comprehensive River were held in seven cities; and the parks uses, or confining new developed areas. Management for the Middle and South regularly communicated with the Visitor uses are reassessed and revised Forks Kings River and the North Fork cooperating association and as new information about natural and Kern River and for Sequoia and Kings concessioners authorized to operate in cultural resource impacts and visitor Canyon National Parks located in the parks. Meetings and contacts have needs emerges. Current facilities are California. The purpose and need for the occurred with special use permittees, inadequate for park needs and visitor plans is to establish a park vision for the private landowners; and numerous use levels, and crowding is common in next 15–20 years, provide direction for other stakeholders. The project mailing some areas. the management of wild and scenic list included more than 3700 entries. Preferred Alternative: The parks’ rivers, replace an outdated master plan, The Draft EIS was available for 150 days appeal is broadened to be more relevant guide management of cultural and review during May–October, 2004. It to diverse user groups, Increased day natural resources, address unresolved was made available at local area use is accommodated, and overnight issues in specific areas, and address the libraries, and could be reviewed visitation is retained. The integrity of

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park resources is paramount. Stronger those not presently on the mailing list) ACTION: Notice. educational and outreach programs by contacting the park by letter at: Final provide enjoyment and introduce park EIS/GMP, Sequoia and Kings Canyon SUMMARY: Notice is hereby given of conservation values. The basic character National Parks, 47050 Generals contractual actions that have been of park activities and the rustic Highway, Three Rivers, CA 93271–9651; proposed to the Bureau of Reclamation architecture of facilities are retained so by telephone at (559) 565–3101; or by e- (Reclamation) and are new, modified, that the parks remain strikingly different mail at [email protected]. discontinued, or completed since the from surrounding areas. Park Please note that names and addresses of last publication of this notice on August administrative facilities are redesigned all respondents will become part of the 2, 2006. This notice is one of a variety and may be relocated outside the parks. public record. Our practice is to make of means used to inform the public Park facilities accommodate sustainable all comments, including names, home about proposed contractual actions for growth. Stock use continues with addresses, home phone numbers, and e- capital recovery and management of appropriate management and mail addresses of respondents, available project resources and facilities monitoring. for public review. Individual consistent with section 9(f) of the Alternative A: Emphasize Natural respondents may request that we Reclamation Project Act of 1939. Ecosystems and Biodiversity; Reduce withhold their names and/or home Additional announcements of Use and Development: The parks are addresses, etc., but if you wish us to individual contract actions may be natural resource preserves; they are consider withholding this information published in the Federal Register and in primarily valued because they contain you must state this prominently at the newspapers of general circulation in the publicly owned resources that will be beginning of your comments. In areas determined by Reclamation to be conserved for the future. Levels of use addition, you must present a rationale affected by the proposed action. are lower than at present, and visitor for withholding this information. This ADDRESSES: The identity of the experiences are more directly connected rationale must demonstrate that approving officer and other information to natural resources and provide more disclosure would constitute a clearly pertaining to a specific contract solitude. The parks contrast strongly unwarranted invasion of privacy. proposal may be obtained by calling or with surrounding lands which are Unsupported assertions will not meet writing the appropriate regional office at continuing to develop. Park managers this burden. In the absence of the address and telephone number given aggressively cooperate with the exceptional, documentable for each region in the SUPPLEMENTARY managers of surrounding lands to circumstances, this information will be INFORMATION section. enhance range-wide biodiversity. released. We will always make FOR FURTHER INFORMATION CONTACT: Alternative C: Preserve Traditional submissions from organizations or Sandra L. Simons, Manager, Contract Character and Retain the Feel of businesses, and from individuals Services Office, Bureau of Reclamation, Yesteryear; Guide Growth: The parks identifying themselves as PO Box 25007, Denver, Colorado 80225– present a traditional character and the representatives of or officials of 0007; telephone 303–445–2902. feeling of yesteryear, where experiences organizations or businesses, available are more reminiscent of how visitors SUPPLEMENTARY INFORMATION: Consistent for public inspection in their entirety. used the parks in the past. This is with section 9(f) of the Reclamation conveyed through rustic architecture Decision: The National Park Service Project Act of 1939 and the rules and and lower impact recreational activities will execute a Record of Decision not regulations published in 52 FR 11954, (such as sightseeing and hiking) that sooner than 30 days following April 13, 1987 (43 CFR 426.22), were popular from the 1920s to the publication by the Environmental Reclamation will publish notice of 1960s, providing an experience that is Protection Agency of their notice of proposed or amendatory contract strikingly different from that in an urban filing of the Final EIS in the Federal actions for any contract for the delivery setting. Redesigned developed areas Register. As a delegated EIS the official of project water for authorized uses in accommodate limited growth; overnight responsible for the final approval of the newspapers of general circulation in the stays are encouraged. Negative impacts General Management Plan and affected area at least 60 days prior to on natural resources are controlled, so Comprehensive River Management Plan contract execution. Announcements as to maintain or improve resource is the Regional Director; subsequently may be in the form of news releases, conditions. the official responsible for legal notices, official letters, Alternative D: Preserve Basic implementing the new plans would be memorandums, or other forms of Character and Adapt to Changing User the Superintendent, Sequoia and Kings written material. Meetings, workshops, Groups; Guide Growth: The parks Canyon National Parks. and/or hearings may also be used, as preserve some of their traditional Dated: October 6, 2006. appropriate, to provide local publicity. The public participation procedures do character and rustic architecture, but George J. Turnbull, diverse new user groups and uses are not apply to proposed contracts for the Acting Regional Director, Pacific West Region. encouraged. Day use is more common. sale of surplus or interim irrigation Facilities are expanded to meet users’ [FR Doc. 06–9279 Filed 11–17–06; 8:45 am] water for a term of 1 year or less. Either needs, while frequent interpretive BILLING CODE 4310–X2–M of the contracting parties may invite the programs are offered to educate, public to observe contract proceedings. All public participation procedures will entertain, and instill a sense of park DEPARTMENT OF THE INTERIOR conservation values. Negative impacts be coordinated with those involved in on natural resources are controlled or Bureau of Reclamation complying with the National mitigated, so as to maintain or improve Environmental Policy Act. Pursuant to resource conditions. Quarterly Status Report of Water the ‘‘Final Revised Public Participation Addresses and Further Information: Service, Repayment, and Other Water- Procedures’’ for water resource-related Copies of the Final EIS will be available Related Contract Negotiations contract negotiations, published in 47 for public review in the office of the FR 7763, February 22, 1982, a tabulation Superintendent and at local area public AGENCY: Bureau of Reclamation, is provided of all proposed contractual libraries, and may also be requested (by Interior. actions in each of the five Reclamation

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regions. When contract negotiations are changes. The numbering system in this contract (Case No. CV–79–106–EDP) for completed, and prior to execution, each notice corresponds with the numbering an initial period of 3 years, with proposed contract form must be system in the February 23, 2006, notice. subsequent interim renewal contracts of approved by the Secretary of the 2 years pursuant to section 3404(c) of Interior, or pursuant to delegated or DEFINITIONS OF ABBREVIATIONS USED the CVPIA. redelegated authority, the Commissioner IN THIS DOCUMENT 46. Westlands WD, CVP, California: of Reclamation or one of the regional Interim renewal of water service directors. In some instances, BCP; Boulder Canyon Project; contract (No. 14–06–200–495A) for an congressional review and approval of a reclamation Bureau of Reclamation initial period of 3 years, with report, water rate, or other terms and subsequent interim renewal contracts of CAP ...... Central Arizona Project. 2 years pursuant to section 3404(c) of conditions of the contract may be CVP ...... Central Valley Project. involved. CVPIA ...... Central Valley Project Im- the CVPIA. Public participation in and receipt of provement Act. Modified contract actions: comments on contract proposals will be CRSP ...... Colorado River Storage 42. Cawelo WD and Lindsay- facilitated by adherence to the following Project. Strathmore ID, CVP, California: Long- procedures: FR ...... Federal Register. term Warren Act contract for conveying 1. Only persons authorized to act on IDD ...... Irrigation and Drainage Dis- nonproject water for a non-CVP behalf of the contracting entities may trict. contractor. negotiate the terms and conditions of a ID ...... Irrigation District. 43. Elk Creek Community Services specific contract proposal. M&I ...... Municipal and Industrial. District, CVP, California: Renewal of 2. Advance notice of meetings or NMISC ...... New Mexico Interstate Stream long-term water service contract for up Commission. hearings will be furnished to those O&M ...... Operation and Maintenance. to 100 acre-feet for a period of 40 years. parties that have made a timely written P–SMBP ...... Pick-Sloan Missouri Basin Lower Colorado Region: Bureau of request for such notice to the Program. Reclamation, PO Box 61470 (Nevada appropriate regional or project office of PPR ...... Present Perfected Right. Highway and Park Street), Boulder City, Reclamation. RRA ...... Reclamation Reform Act of Nevada 89006–1470, telephone 702– 3. Written correspondence regarding 1982. 293–8081. proposed contracts may be made SOD ...... Safety of Dams. New contract actions: available to the general public pursuant SRPA ...... Small Reclamation Projects 42. City of Needles, BCP, California: to the terms and procedures of the Act of 1956. Amendment to contract No. 05–XX–30– Freedom of Information Act, as WD ...... Water District. W0445 to include PPR No. 44 for an amended. annual diversion of 1,260 acre-feet or 4. Written comments on a proposed Pacific Northwest Region: Bureau of the annual consumptive use of 273 acre- contract or contract action must be Reclamation, 1150 North Curtis Road, feet, whichever is less. submitted to the appropriate regional Suite 100, Boise, Idaho 83706–1234, 43. Cibola Resources, LLC, BCP, officials at the locations and within the telephone 208–378–5344. Arizona: Assign contract No. 06-XX–30- time limits set forth in the advance Modified contract action: W0449 to B&F Investment, LLC, transfer public notices. 16. Two irrigation water user entities, the 60-acre-foot entitlement to B&F 5. All written comments received and Boise Project, Idaho: Long-term renewal under that contract, and enter into a testimony presented at any public and/or conversion of two irrigation new contract with B&F to change the hearings will be reviewed and water service contracts for supplemental type and place of use. summarized by the appropriate regional irrigation use of up to 2,218 acre-feet of 44. Rudy J. Leon and Helen V. office for use by the contract approving storage space in Lucky Peak Reservoir, Thomas, BCP, California: Enter into a authority. a Corps of Engineers’ project on the contract for their entitlement of PPR No. 6. Copies of specific proposed Boise River, Idaho. Sixteen water 38 for 1.7086 acre-feet of water per year. contracts may be obtained from the service contracts have been converted to Completed contract actions: appropriate regional director or his repayment contracts for a total of 68,000 11. Berneil Water Co., CAP, Arizona: designated public contact as they acre-feet of storage space. Partial assignment of 200 acre-feet of become available for review and Completed contract action: water per year to the Cave Creek Water comment. 19. Stanfield ID, Umatilla Project, Company. 7. In the event modifications are made Oregon: Contract for long-term 37. Cibola Valley IDD, BCP, Arizona: in the form of a proposed contract, the boundary expansion to include lands Assign 60 acre-feet per year of the appropriate regional director shall outside of federally recognized district district’s entitlement to Arizona fourth- determine whether republication of the boundaries. Contract executed priority water to Cibola Resources, LLC, notice and/or extension of the comment September 8, 2006. for agricultural purposes. period is necessary. Mid-Pacific Region: Bureau of Upper Colorado Region: Bureau of Factors considered in making such a Reclamation, 2800 Cottage Way, Reclamation, 125 South State Street, determination shall include, but are not Sacramento, California 95825–1898, Room 6107, Salt Lake City, Utah 84138– limited to (i) The significance of the telephone 916–978–5250. 1102, telephone 801–524–3864. modification, and (ii) the degree of New contract actions: New contraction: public interest which has been 44. Elk Creek Community Services 1.(h) Michael and Nancy Courtney expressed over the course of the District, CVP, California: Interim Schell, Aspinall Storage Unit, CRSP: negotiations. At a minimum, the renewal of water service contract for an The Schells have requested a 40-year regional director shall furnish revised initial period of 3 years, with water service contract for 1 acre-foot of contracts to all parties who requested subsequent interim renewal contracts of water out of Blue Mesa Reservoir. An the contract in response to the initial 2 years pursuant to section 3404(c) of augmentation plan is not required for public notice. the CVPIA. their direct withdrawal of water from The February 23, 2006, notice should 45. Westlands WD, CVP, California: the reservoir. be used as a reference point to identify Interim renewal of water service Modified contract:

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32. Emery County Project, Utah: The Company. Contract amendments were subparts A, D, E, and F (19 CFR part Huntington Cleveland Irrigation executed June 28, 2006. 207). Company has requested a contract for 17. Glendo Unit, P-SMBP, Nebraska: DATES: Effective Date: November 6, carriage of up to 14,074 acre-feet of Amendments to long-term water service 2006. nonproject water; utilizing Huntington contracts with Bridgeport, Enterprise, North Reservoir as a regulating feature and Mitchell IDs, and Central Nebraska FOR FURTHER INFORMATION CONTACT: Jai associated with their Salinity Control Public Power and ID. Contract Motwane (202–205–3176), Office of Project. amendments were executed June 28, Investigations, U.S. International Trade Great Plains Region: Bureau of 2006. Commission, 500 E Street, SW., Reclamation, PO Box 36900, Federal 27. Hill County WD, Milk River Washington, DC 20436. Hearing- Building, 316 North 26th Street, Project, Montana: Drafting contracts for impaired persons can obtain Billings, Montana 59107–6900, renewal of municipal water supply information on this matter by contacting telephone 406–247–7752. contract No. 14–06–600–8954 which the Commission’s TDD terminal on 202– New contract actions: expired August 1, 2006. The proposal 205–1810. Persons with mobility 49. Colorado River Water includes splitting the contract between impairments who will need special Conservation District, Colorado-Big Hill County WD and North Havre assistance in gaining access to the Thompson Project, Colorado: Long-term County WD which both receive their Commission should contact the Office exchange, conveyance, and storage full water supply under the current of the Secretary at 202–205–2000. contract to implement the Exhibit B contract. Contract No. 069E670064 with General information concerning the Agreement of the Settlement Agreement Hill County WD was executed July 28, Commission may also be obtained by on Operating Procedures for Green 2006; and contract No. 069E670065 with accessing its Internet server (http:// www.usitc.gov). The public record for Mountain Reservoir Concerning North Havre County WD was executed this review may be viewed on the Operating Limitations and in Resolution August 4, 2006. of the Petition Filed August 7, 2003, in Discontinued contract action: Commission’s electronic docket (EDIS) Case No. 49-CV–2782 (The United 21. Canadian River Municipal Water at http://edis.usitc.gov. States v Northern Colorado Water Authority, Lake Meredith Salinity SUPPLEMENTARY INFORMATION: Conservancy District, et al., U.S. District Control Project, New Mexico and Texas: Background. On November 6, 2006, Court for the District of Colorado, Case Negotiation of a contract for the transfer the Commission determined that the No. 2782 and Consolidated Case Nos. of control (care and O&M) of the project domestic interested party group 5016 and 5017). to the Authority in accordance with response to its notice of institution (71 50. Colorado River Water Pub. L. 102–575, Title VIII, Section FR 43518) of the subject five-year Conservation District, Colorado-Big 804(c). review was adequate and that the Thompson Project, Colorado: respondent interested party group Dated: September 27, 2006. Consideration of a request for a long- response was inadequate. The term contract for the use of excess Roseann Gonzales, Commission did not find any other capacity for storage and exchange in Director, Office of Program and Policy circumstances that would warrant 1 Green Mountain Reservoir in the Services. conducting a full review. Accordingly, Colorado-Big Thompson Project. [FR Doc. E6–19554 Filed 11–17–06; 8:45 am] the Commission determined that it Modified contract actions: BILLING CODE 4310–MN–P would conduct an expedited review 9. Highland-Hanover ID, Hanover- pursuant to section 751(c)(3) of the Act. Bluff Unit, P-SMBP, Wyoming: Staff report. A staff report containing Negotiate long-term water service INTERNATIONAL TRADE information concerning the subject contract. COMMISSION matter of the review will be placed in 10. Upper Bluff ID, Hanover-Bluff the nonpublic record on November 28, [Investigation No. 731–TA–891 (Review)] Unit, P-SMBP, Wyoming: Negotiate 2006, and made available to persons on the Administrative Protective Order long-term water service contract. Foundry Coke From China 13. Savage ID, P-SMBP, Montana: The service list for this review. A public district is currently seeking title AGENCY: United States International version will be issued thereafter, transfer. The contract is subject to Trade Commission. pursuant to § 207.62(d)(4) of the renewal pending outcome of the title ACTION: Scheduling of an expedited five- Commission’s rules. transfer process. A 5-year interim year review concerning the antidumping Written submissions. As provided in contract was executed May 7, 2003, to duty order on foundry coke from China. § 207.62(d) of the Commission’s rules, ensure a continuous water supply. interested parties that are parties to the Completed contract actions: SUMMARY: The Commission hereby gives review and that have provided 8. City of Cheyenne, Kendrick Project, notice of the scheduling of an expedited individually adequate responses to the Wyoming: Negotiate a long-term review pursuant to section 751(c)(3) of notice of institution,2 and any party contract for storage space for the Tariff Act of 1930 (19 U.S.C. other than an interested party to the replacement water on a daily basis in 1675(c)(3)) (the Act) to determine review may file written comments with Seminoe Reservoir. A temporary whether revocation of the antidumping the Secretary on what determination the contract has been issued pending duty order on foundry coke from China negotiation of the long-term contract. would be likely to lead to continuation 1 A record of the Commissioners’ votes, the Long-term contract was executed or recurrence of material injury within Commission’s statement on adequacy, and any individual Commissioner’s statements will be October 1, 2006. a reasonably foreseeable time. For available from the Office of the Secretary and at the 16. Glendo Unit, P-SMBP, Wyoming: further information concerning the Commission’s Web site. Amendments to long-term water service conduct of this review and rules of 2 The Commission has found the responses contracts with Burbank Ditch, New general application, consult the submitted by ABC Coke, Citizens Gas & Coke Utility, Erie Coke, Sloss Industries Corp., and Grattan Ditch Company, Torrington ID, Commission’s Rules of Practice and Tonawanda Coke Corp. to be individually adequate. Lucerne Canal and Power Company, Procedure, part 201, subparts A through Comments from other interested parties will not be and Wright and Murphy Ditch E (19 CFR part 201), and part 207, accepted (see 19 CFR 207.62(d)(2)).

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Commission should reach in the review. with the United States District Court for Consent Decree Library at the stated Comments are due on or before the Eastern District of California. address. December 1, 2006 and may not contain In this action the United States sought new factual information. Any person Henry Friedman, reimbursement of response costs, Assistant Chief, Environmental Enforcement that is neither a party to the five-year pursuant to Section 107(a) of the review nor an interested party may Section, Environment and Natural Resources Comprehensive Environmental submit a brief written statement (which Division. Response, Compensation, and Liability shall not contain any new factual [FR Doc. 06–9276 Filed 11–17–06; 8:45 am] Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), information) pertinent to the review by BILLING CODE 4410–15–M December 1, 2006. However, should the from Honeywell International, Inc. Department of Commerce extend the (Honeywell) and others, incurred or to time limit for its completion of the final be incurred by EPA, for response actions DEPARTMENT OF JUSTICE results of its review, the deadline for taken at or in connection with the comments (which may not contain new release or threatened release of Notice of Lodging Proposed Consent factual information) on Commerce’s hazardous substances at the Central Decrees final results is three business days after Eureka Mine Superfund Site in Amador the issuance of Commerce’s results. If County, California. The Consent Decree In accordance with Departmental comments contain business proprietary will settle claims against defendant Policy, 28 CFR 50.7, notice is hereby information (BPI), they must conform Honeywell. Pursuant to the Consent given that two proposed consent decrees with the requirements of sections 201.6, Decree, Honeywell will pay the sum of in United States v. Pala Band of Mission 207.3, and 207.7 of the Commission’s $2,000,000 for past response costs Indians, et al., (S.D. Cal.), 06–cv–2323– rules. The Commission’s rules do not incurred at the Site, in addition to the H (NLS), were lodged with the United authorize filing of submissions with the approximately $3 million Honeywell States District Court for the Southern Secretary by facsimile or electronic had previously spent responding to District of California on November 2, means, except to the extent permitted by releases at the Site. 2006. section 201.8 of the Commission’s rules, The Department of Justice will receive These proposed consent decrees as amended, 67 FR 68036 (November 8, for a period of thirty (30) days from the concern a complaint filed by the United 2002). Even where electronic filing of a States against the Pala Band of Mission document is permitted, certain date of this publication comments Indians, Brown Bulk Transportation Co., documents must also be filed in paper relating to the Consent Decree. Valley Material and Supply, Inc., and form, as specified in II (C) of the Comments should be addressed to the Commission’s Handbook on Electronic Assistant Attorney General, James A. Brown pursuant to section Filing Procedures, 67 FR 68168, 68173 Environment and Natural Resources 309(b) and (d) of the Clean Water Act, (November 8, 2002). Division, P.O. Box 7611, U.S. 33 U.S.C. 1319(b) and (d), to obtain In accordance with §§ 201.16(c) and Department of Justice, Washington, DC injunctive relief from and impose civil 207.3 of the rules, each document filed 20044–7611, and should refer to United penalties against the Defendants for by a party to the review must be served States v. Honeywell International, Inc., violating the Clean Water Act by on all other parties to the review (as et al., D.J. Ref. 90–11–3–1692/1. discharging pollutants without a permit into waters of the United States. One identified by either the public or BPI The Consent Decree may be examined proposed consent decree resolves the service list), and a certificate of service at the Office of the United States United States’ allegations against the must be timely filed. The Secretary will Attorney, Eastern District of California, Pala Band of Mission Indians by not accept a document for filing without 501 I Street, Sacramento, California requiring the Tribe to pay a civil penalty a certificate of service. 95814, and at U.S. EPA Region IX, 75 and to mitigate the environmental Authority: This review is being conducted Hawthorne Street, San Francisco, impacts by making a contribution to the under authority of title VII of the Tariff Act California 94105. During the public Nature Conservancy. The second of 1930; this notice is published pursuant to comment period, the Consent Decree, § 207.62 of the Commission’s rules. proposed consent decree resolves the may also be examined on the following United States’ claims against Brown By order of the Commission. Department of Justice Web site, http:// Bulk Transportation Co., Valley Material Issued: November 15, 2006. www.usdoj.gov/enrd/ and Supply, Inc., and James A. Brown Marilyn R. Abbott, Consent_Decrees.html. A copy of the by requiring these Defendants to pay a Secretary to the Commission. Consent Decree may also be obtained by civil penalty. [FR Doc. E6–19542 Filed 11–17–06; 8:45 am] mail from the Consent Decree Library, BILLING CODE 7020–02–P P.O. Box 7611, U.S. Department of The Department of Justice will accept Justice, Washington, DC 20044–7611 or written comments relating to these by faxing or e-mailing a request to Tonia proposed Consent decrees for thirty (30) Fleetwood ([email protected]), days from the date of publication of this DEPARTMENT OF JUSTICE fax no. (202) 514–0097, phone Notice. Please address comments to confirmation number (202) 514–1547. In Pamela S. Tonglao, United States Notice of Lodging of Consent Decree requesting a copy from the Consent Department of Justice, Environment and Under the Comprehensive Natural Resources Division, P.O. Box Environmental Response, Decree Library, please enclose a check 23986, Washington, DC 20026–3986 and Compensation, and Liability Act in the amount of $5.25 (25 cents per page reproduction cost) payable to the refer to United States v. Pala Band of Notice is hereby given that on U.S. Treasury or, if by email or fax, Mission Indians, et al., (S.D. Cal.), 06– November 3, 2006, a proposed Consent forward a check in that amount to the CV–2323–H (NLS), DJ #90–5–1–1– Decree in United States v. Honeywell 16816. International, Inc., et al., Civil Action No. 06–00387–MCE–JFM, was lodged

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The proposed consent decrees may be Antidiscrimination Laws Retaliation against an employee or viewed at http://www.usdoj.gov/enrd/ A Federal agency cannot discriminate applicant for making a protected open.html. against an employee or applicant with disclosure is prohibited by 5 U.S.C. respect to the terms, conditions or 2302(b)(8). If you believe that you have Stephen Samuels, been the victim of whistleblower Assistant Chief, Environmental Defense privileges of employment on the basis of race, color, religion, sex, national origin, retaliation, you may file a written Section, Environment & Natural Resources complaint (Form OSC–11) with the U.S. Division. age, disability, marital status, or Office of Special Counsel at 1730 M [FR Doc. 06–9278 Filed 11–17–06; 8:45 am] political affiliation. Discrimination on these bases is prohibited by one or more Street, NW., Suite 218, Washington, DC BILLING CODE 4410–15–M 20036–4505, or online through the OSC of the following statutes: 5 U.S.C. Web site, http://www.osc.gov. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and Retaliation for Engaging in Protected DEPARTMENT OF LABOR 42 U.S.C. 2000e–16. Activity If you believe that you have been the A Federal agency cannot retaliate Office of the Secretary victim of unlawful discrimination on against an employee or applicant the basis of race, color, religion, sex, No Fear Act Notice because that individual exercises his or national origin or disability, you must her rights under any of the Federal contact an Equal Employment AGENCY: Office of the Secretary, Labor. antidiscrimination or whistleblower Opportunity (EEO) counselor within 45 protection laws listed above. If you ACTION: Notice. calendar days of the alleged believe that you are the victim of discriminatory action, or, in the case of retaliation for engaging in protected SUMMARY: The U.S. Department of Labor a personnel action, within 45 calendar activity, you must follow, as (DOL) is providing notice to all of its days of the effective date of the action, appropriate, the procedures described in employees, former employees, and before you can file a formal complaint the Antidiscrimination Laws and applicants for employment about the of discrimination with your agency. See, Whistleblower Protection Laws sections rights and remedies that are available to e.g., 29 CFR part 1614. If you believe of this Notice, or, if applicable, the them under Federal antidiscrimination that you have been the victim of administrative or negotiated grievance and whistleblower protection laws. This unlawful discrimination on the basis of procedures, in order to pursue any legal notice fulfills DOL’s notification age, you must either contact an EEO remedy. obligations under the Notification and counselor as noted above or give notice Federal Employees Antidiscrimination of intent to sue to the Equal Disciplinary Actions and Retaliation Act (NO FEAR Act), as Employment Opportunity Commission Under the existing laws, each agency implemented by Office of Personnel (EEOC) within 180 calendar days of the retains the right, where appropriate, to Management (OPM) regulations. alleged discriminatory action. If you are discipline a Federal employee for alleging discrimination based on marital discriminatory or retaliatory conduct, or FOR FURTHER INFORMATION CONTACT: status or political affiliation, you may other conduct that is inconsistent with Annabelle T. Lockhart, Director, Civil file a written complaint with the U.S. Federal antidiscrimination, Rights Center (CRC), Frances Perkins Office of Special Counsel (OSC) (see whistleblower protection, and Building, 200 Constitution Ave., NW., contact information below). In the retaliation laws. Possible disciplinary Room N–4123, Washington, DC 20210, alternative (or in some cases, in actions range up to and include [email protected], (202) 693– addition), you may pursue a removal. If OSC has initiated an 6500 (VOICE) or (202) 693–6515, (800) discrimination complaint by filing a investigation under 5 U.S.C. 1214, 326–2577 (TTY/TDD). complaint or grievance through your however, according to 5 U.S.C. 1214(f), No Fear Act Notice agency’s administrative or negotiated agencies must seek approval from the grievance procedures, if such Special Counsel to discipline employees On May 15, 2002, Congress enacted procedures are available and apply. for, among other activities, engaging in the ‘‘Notification and Federal Employee prohibited retaliation. Nothing in the No Antidiscrimination and Retaliation Act Whistleblower Protection Laws FEAR Act alters existing laws or permits of 2002,’’ which is now known as the A Federal employee with authority to an agency to take unfounded No FEAR Act. One purpose of the Act take, direct others to take, recommend disciplinary action against a Federal is to ‘‘require that Federal agencies be or approve any personnel action must employee or to violate the procedural accountable for violations of not use that authority to take or fail to rights of a Federal employee who has antidiscrimination and whistleblower take, or threaten to take or fail to take, been accused of discrimination. protection laws.’’ Public Law 107–174, a personnel action against an employee Summary. In support of this purpose, or applicant because of disclosure of Additional Information Congress found that ‘‘agencies cannot be information by that individual that is For further information regarding the run effectively if those agencies practice reasonably believed to evidence No FEAR Act regulations, refer to 5 CFR or tolerate discrimination.’’ Public Law violations of law, rule or regulation; part 724, or you may contact DOL’s 107–174, Title I, General Provisions, gross mismanagement; gross waste of Civil Rights Center: section 101(1). funds; an abuse of authority; or a U.S. Department of Labor, Office of the The Act also requires this agency to substantial and specific danger to public Assistant Secretary for Administration provide this notice to Federal health or safety, unless disclosure of and Management, Civil Rights Center, employees, former Federal employees such information is specifically Room N–4123, 200 Constitution Ave., and applicants for Federal employment prohibited by law and such information NW., Washington, DC 20210, 202/ to inform you of the rights and is specifically required by Executive 693–6500 (voice), 202/693–6516 protections available to you under order to be kept secret in the interest of (TTY), http://www.dol.gov/oasam/ Federal antidiscrimination and national defense or the conduct of programs/crc/crcwelcome.htm, whistleblower protection laws. foreign affairs. [email protected].

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Additional information regarding [email protected]. Please use only one Agency: Employment Standards Federal antidiscrimination, method of transmission for comments Administration. whistleblower protection and retaliation (mail, fax, or e-mail). Title: Claim for Reimbursement- laws can be found at the EEOC Web site, SUPPLEMENTARY INFORMATION Assisted Reemployment. http://www.eeoc.gov, and the OSC Web I. Background: The Office of Workers’ OMB Number: 1215–0178 site, http://www.osc.gov. Compensation Programs (OWCP) Agency Number: CA–2231 Affected Public: Business or other for- administers the Federal Employees’ Existing Rights Unchanged profit, Not-for-profit institutions. Compensation Act (FECA) 5 U.S.C. 8101 Total Respondents: 20. Pursuant to section 205 of the No and Section 8104a of the FECA provides FEAR Act, neither the Act nor this Total Annual Responses: 80. vocational rehabilitation services to notice creates, expands or reduces any Average Time per Response: 30 eligible injured workers to facilitate rights otherwise available to any minutes. their return to work. The costs of employee, former employee or applicant Estimated Total Burden Hours: 40. providing these vocational under the laws of the United States, Frequency: Quarterly. rehabilitation services are from the Total Burden Cost (capital/startup): including the provisions of law Employees’ Compensation Fund. $0. specified in 5 U.S.C. 2302(d). Annual appropriations language Total Burden Cost (operating/ Edward C. Hugler, currently in Public Law 109–289 maintenance): $34.00. Deputy Assistant Secretary for provides OWCP with the legal authority Comments submitted in response to Administration and Management. to use the amounts from the Fund to this notice will be summarized and/or [FR Doc. E6–19584 Filed 11–17–06; 8:45 am] reimburse private sector employers for a included in the request for Office of BILLING CODE 4510–23–P portion of the salary of reemployed Management and Budget approval of the disabled Federal workers they have information collection request; they will hired through OWCP’s assisted also become a matter of public record. DEPARTMENT OF LABOR reemployment program. The Dated: November 15, 2006. information collected on Form CA–2231 Employment Standards Administration Hazel Bell, provides OWCP with the necessary Acting Chief, Branch of Management Review Proposed Collection; Comment remittance information for the and Internal Control, Division of Financial Request employer, documents the hours of work, Management, Office of Management, certifies the payment of wages to the Administration and Planning Employment ACTION: Notice. claimant for which reimbursement is Standards Administration. sought, and summarizes the nature and [FR Doc. E6–19566 Filed 11–17–06; 8:45 am] SUMMARY : The Department of Labor, as costs of the wage reimbursement BILLING CODE 4510–27–P part of its continuing effort to reduce program for a prompt decision by paperwork and respondent burden, OWCP. This information collection is conducts a preclearance consultation currently approved for use through June DEPARTMENT OF LABOR program to provide the general public 30, 2007. and Federal agencies with an II. Review Focus: The Department of Bureau of Labor Statistics opportunity to comment on proposed Labor is particularly interested in and/or continuing collections of comments which: Federal Economic Statistics Advisory information in accordance with the • Evaluate whether the proposed Committee; Notice of Open Meeting Paperwork Reduction Act of 1995 collection of information is necessary and Agenda (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This for the proper performance of the The eleventh meeting of the Federal program helps to ensure that requested functions of the agency, including Economic Statistics Advisory data can be provided in the desired whether the information will have Committee will be held on December format, reporting burden (time and practical utility; 15, 2006 in the Postal Square Building, financial resources) is minimized, • evaluate the accuracy of the 2 Massachusetts Avenue, NE., collection instruments are clearly agency’s estimate of the burden of the Washington, DC. understood, and the impact of collection proposed collection of information, The Federal Economic Statistics requirements on respondents can be including the validity of the Advisory Committee is a technical properly assessed. Currently, the methodology and assumptions used; committee composed of economists, Employment Standards Administration • enhance the quality, utility and statisticians, and behavioral scientists is soliciting comments concerning the clarity of the information to be who are recognized for their attainments proposed collection: Claim for collected; and and objectivity in their respective fields. Reimbursement-Assisted Reemployment • minimize the burden of the Committee members are called upon to (CA–2231). A copy of the proposed collection of information on those who analyze issues involved in producing information collection request can be are to respond, including through the Federal economic statistics and obtained by contacting the office listed use of appropriate automated, recommend practices that will lead to below in the addresses section of this electronic, mechanical, or other optimum efficiency, effectiveness, and Notice. technological collection techniques or cooperation among the Department of DATES: Written comments must be other forms of information technology, Labor, Bureau of Labor Statistics and the submitted to the office listed in the e.g., permitting electronic submissions Department of Commerce, Bureau of addresses section below on or before of responses. Economic Analysis and Bureau of the January 19, 2007. III. Current Actions: The Department Census. ADDRESSES: Ms. Hazel M. Bell, U.S. of Labor seeks the extension of approval The meeting will be held in Meeting Department of Labor, 200 Constitution to collect this information to ensure Rooms 1 and 2 of the Postal Square Ave., NW., Room S–3201, Washington, timely and accurate payments to eligible Building Conference Center. The DC 20210, telephone (202) 693–0418, employers for reimbursement claims. schedule and agenda for the meeting are fax (202) 693–1451, e-mail Type of Review: Extension. as follows:

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9 a.m. Opening session. 1615 M St., NW., Washington, DC NATIONAL AERONAUTICS AND 9 a.m. New Data Collection Methods. 20419. SPACE ADMINISTRATION 1 p.m. Business Lists Comparisons. 2:45 p.m. Priorities for future FOR FURTHER INFORMATION CONTACT: For [Notice (06–084)] meetings. information on the survey questions, 3:15 p.m. Disability Questions in the contact Cynthia Ferentinos by phone on Notice of Intent To Grant Exclusive Current Population Survey and the 202–653–6772, ext. 1334, by fax on 202– License American Community Survey. 653–7211, or by e-mail at AGENCY: National Aeronautics and 4:45 p.m. Conclude (approximate [email protected]. You may Space Administration. time). contact Ms. Ferentinos V/TDD at 1–800– ACTION: Notice of intent to grant The meeting is open to the public. 877–8339. exclusive license. Any questions concerning the meeting SUPPLEMENTARY INFORMATION: Proposed should be directed to Margaret Johnson, Project: ‘‘Career Advancement Survey of SUMMARY: This notice is issued in Federal Economic Statistics Advisory Federal Employees’’ accordance with 35 U.S.C. 209(c)(1) and Committee, on Area Code (202) 691– 37 CFR 404.7(a)(1)(i). NASA hereby As part of its purpose, MSPB is 5600. Individuals with disabilities, who gives notice of its intent to grant an responsible for conducting studies of need special accommodations, should exclusive license in the United States the Federal civil service to ensure that contact Ms. Johnson at least two days and foreign countries to practice the all Federal government agencies follow prior to the meeting date. inventions described and claimed in merit systems practices and avoid ‘‘Embedded Carbon Nanotube Array as Signed at Washington, DC, November 17, prohibited personnel practices. To 2006. High Performance Thermal Conductors’’ support this research agenda, MSPB ARC–15173–1 and ‘‘System And Philip L. Rones, periodically conducts surveys of Method using Self-Assembled Nano Acting Commissioner of Labor Statistics. samples of Federal employees. To Structures in the Design and Fabrication [FR Doc. E6–19523 Filed 11–17–06; 8:45 am] obtain insight into the current of an Integrated Circuit Micro-Cooler’’ BILLING CODE 4510–24–P perspectives, MSPB requests approval to ARC–15832–1 to Nanoconduction, Inc., conduct additional surveys over the having its principal place of business in next three years. Sunnyvale, CA. The patent rights in MERIT SYSTEMS PROTECTION The content of these surveys will BOARD these inventions have been assigned to focus on the career progression the United States of America as Agency Information Collection strategies utilized by Federal employees. represented by the Administrator of the Activities; Proposed Collection In particular, we will examine if National Aeronautics and Space advancement techniques vary between Administration. The prospective AGENCY: Merit Systems Protection Board groups of employees and evaluate the exclusive license will comply with the (MSPB). outcomes associated with each terms and conditions of 35 U.S.C. 209 ACTION: Notice. approach. We also plan to identify and 37 CFR 404.7. perceptions held by employees DATES: The prospective exclusive SUMMARY: In compliance with the regarding discrimination and strategies license may be granted unless within Paperwork Reduction Act (44 U.S.C. that may have been used to overcome fifteen (15) days from the date of this 3501), this document announces that an this potential barrier. In addition to the published notice, NASA receives Information Collection Request (ICR) primary survey which is designed to written objections including evidence has been forwarded to the Office of cover all employees, we may also design and argument that establish that the Management and Budget (OMB) for a limited number of more narrowly grant of the license would not be review and approval. This is a request focused surveys, which address issues consistent with the requirements of 35 for a new collection. This ICR describes unique to subpopulations of Federal U.S.C. 209 and 37 CFR 404.7. the nature of the information collection employees (e.g., people with Competing applications completed and and its estimated burden and cost. disabilities). received by NASA within fifteen (15) DATES: MSPB has submitted an ICR to Burden Statement: The annual public days of the date of this published notice OMB for review and approval according reporting and record keeping burden for to the procedures prescribed in 5 CFR will also be treated as objections to the this collection of information is grant of the contemplated exclusive 1320.12. On September 12, 2006 estimated to average 0.5 hours per (Federal Register, Volume 71, Number license. respondent. Objections submitted in response to 176, page 53712–53713), MSPB sought Respondents/Affected Entities: this notice will not be made available to comments on this ICR pursuant to 5 Participants are selected via stratified the public for inspection and, to the CFR 1320.8(d). MSPB received no random sampling to facilitate a extent permitted by law, will not be comments. Additional comments representative sample of Federal released under the Freedom of should be submitted on or before employees. Information Act, 5 U.S.C. 552. December 18, 2006 to OMB (Brenda Aguilar at [email protected] or fax Estimated Number of Respondents: ADDRESSES: Objections relating to the (202) 395–6974). 46,000. prospective exclusive license may be submitted to Patent Counsel, Office of ADDRESSES: You may also submit Frequency of Response: Once. Chief Counsel, NASA Ames Research comments to MSPB via any of the Estimated Total Annual Hour Burden: Center, MS 202A–4, Moffett Field, CA following methods: 23,000. E-mail: [email protected]. 94035–1000, (650) 604–5104; Fax (650) Dated: November 14, 2006. Include ‘‘Employee Surveys’’ in the 604–2767. subject line of the message. Matthew Shannon, FOR FURTHER INFORMATION CONTACT: Fax: (202) 653–7211. Deputy Clerk of the Board. Robert M. Padilla, Chief Patent Counsel, Mail: Cynthia Ferentinos, U.S. Merit [FR Doc. E6–19521 Filed 11–17–06; 8:45 am] Office of Chief Counsel, NASA Ames Systems Protection Board, Suite 500, BILLING CODE 7401–01–P Research Center, MS 202A–4, Moffett

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Field, CA 94035–1000, (650) 604–5104; Response: No. This TS change is amendment request involves no Fax (650) 604–2767. Information about administrative in nature, since it deletes the significant hazards consideration. other NASA inventions available for surveillance requirement (SR 3.5.1.4) to The Commission is seeking public licensing can be found online at http:// periodically verify the position of a valve comments on this proposed which has now been physically removed determination. Any comments received techtracs.nasa.gov. from Unit 1. Originally, BFN’s LPCI design Dated: November 9, 2006. included the capability for the redundant within 30 days after the date of publication of this notice will be Keith T. Sefton, LPCI loop discharge piping to be cross-tied; however, subsequent analysis determined considered in making any final Deputy General Counsel, Administration and that the crosstie capability, under certain determination. Management. accident and single-failure scenarios, could Normally, the Commission will not [FR Doc. E6–19510 Filed 11–17–06; 8:45 am] result in the loss of injection from both LPCI issue the amendment until the BILLING CODE 7510–13–P loops. This analysis also determined that the expiration of 60 days after the date of crosstie capability was not required for the publication of this notice. The mitigation of any design basis events. Commission may issue the license NUCLEAR REGULATORY Accordingly, since certain crosstie failure amendment before expiration of the 60- COMMISSION modes could prevent mitigation of these or other events, TVA modified the plant design day period provided that its final [Docket No. 50–259] to eliminate the crosstie capability. This was determination is that the amendment accomplished by closing and deenergizing involves no significant hazards Tennessee Valley Authority; Notice of the motor-operated isolation valve that consideration. In addition, the Consideration of Issuance of existed in the crosstie flow path and adding Commission may issue the amendment Amendment to Facility Operating an SR to require periodic verification that the prior to the expiration of the 30-day License, Proposed No Significant valve was closed and deenergized. comment period should circumstances The modified Unit 1 configuration [i.e., Hazards Consideration Determination, change during the 30-day comment LPCI loop discharge crosstie valve removed period such that failure to act in a and Opportunity for a Hearing and the associated remaining piping capped timely way would result, for example, The U.S. Nuclear Regulatory or closed with a blind flange] eliminates the possibility of an undesired flow path. in derating or shutdown of the facility. Commission (the Commission) is Additionally, the Seismic Class I Should the Commission take action considering issuance of an amendment qualification and the ASME Section XI prior to the expiration of either the to Facility Operating License No. DPR– classification of the remaining piping in the comment period or the notice period, it 33 issued to the Tennessee Valley new plant configuration are equivalent to the will publish in the Federal Register a Authority (TVA) for operation of the replaced line configuration. Accordingly, the notice of issuance. Should the Browns Ferry Nuclear Plant (BFN), Unit TS change does not involve a significant Commission make a final No Significant 1 located in Limestone County, increase in the probability or consequences Hazards Consideration Determination, Alabama. of an accident previously evaluated. any hearing will take place after 2. Does the proposed Technical The proposed amendment would issuance. The Commission expects that delete the Technical Specification (TS) Specification change create the possibility of a new or different kind of accident from any the need to take this action will occur Surveillance Requirement (SR) to verify accident previously evaluated? very infrequently. the position of a low pressure coolant Response: No. The physical modification Written comments may be submitted injection (LPCI) crosstie valve. Before eliminating the LPCI loop discharge crosstie by mail to the Chief, Rulemaking, issuance of the proposed license capability does not require revision of the Directives and Editing Branch, Division amendment, the Commission will have safety analyses. In addition, since the LPCI of Administrative Services, Office of made findings required by the Atomic loop crosstie valve has been physically Administration, U.S. Nuclear Regulatory Energy Act of 1954, as amended (the removed from the system and the associated Commission, Washington, DC 20555– Act), and the Commission’s regulations. lines capped or closed via blind flange, the 0001, and should cite the publication possibility for inadvertent flow between the The Commission has made a date and page number of this Federal proposed determination that the LPCI loops has been eliminated. Removing the valve and capping/flanging the remaining Register notice. Written comments may amendment request involves no piping is an improvement over the old also be delivered to Room 6D59, Two significant hazards consideration. Under configuration. The LPCI function will be White Flint North, 11545 Rockville the Commission’s regulations in Title 10 accomplished in the same way as before the Pike, Rockville, Maryland, from 7:30 of the Code of Federal Regulations (10 modification, and no new failure modes have a.m. to 4:15 p.m. Federal workdays. CFR), Section 50.92, this means that been introduced. Documents may be examined, and/or operation of the facility in accordance 3. Does the proposed Technical copied for a fee, at the NRC’s Public with the proposed amendment would Specification change involve a significant Document Room (PDR), located at One reduction in a margin of safety? not (1) involve a significant increase in White Flint North, Public File Area O1 the probability or consequences of an Response: No. This TS changes does not involve a reduction in the margin of safety F21, 11555 Rockville Pike (first floor), accident previously evaluated; or (2) since removal of the LPCI loop cross tie valve Rockville, Maryland. create the possibility of a new or eliminates the possibility of flow between the The filing of requests for hearing and different kind of accident from any two LPCI loops, and it obviates the need for petitions for leave to intervene is accident previously evaluated; or (3) valve position verification contained in the discussed below. involve a significant reduction in a SR. In addition, since removing the valve and Within 60 days after the date of margin of safety. As required by 10 CFR capping/flanging the residual piping meets publication of this notice, the licensee 50.91(a), the licensee has provided its the intent of the SR, the safety analysis may file a request for a hearing with analysis of the issue of no significant remains unchanged. respect to issuance of the amendment to hazards consideration, which is The NRC staff has reviewed the the subject facility operating license and presented below: licensee’s analysis and, based on this any person whose interest may be 1. Does the proposed Technical review, it appears that the three affected by this proceeding and who Specification change involve a significant standards of 10 CFR 50.92(c) are wishes to participate as a party in the increase in the probability or consequences satisfied. Therefore, the NRC staff proceeding must file a written request of an accident previously evaluated? proposes to determine that the for a hearing and a petition for leave to

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intervene. Requests for a hearing and a petitioner intends to rely to establish DC, Attention: Rulemakings and petition for leave to intervene shall be those facts or expert opinion. The Adjudications Staff at (301) 415–1101, filed in accordance with the petition must include sufficient verification number is (301) 415–1966. Commission’s ‘‘Rules of Practice for information to show that a genuine A copy of the request for hearing and Domestic Licensing Proceedings’’ in 10 dispute exists with the applicant on a petition for leave to intervene should CFR part 2. Interested persons should material issue of law or fact. also be sent to the Office of the General consult a current copy of 10 CFR 2.309, Contentions shall be limited to matters Counsel, U.S. Nuclear Regulatory which is available at the Commission’s within the scope of the amendment Commission, Washington, DC 20555– PDR, located at One White Flint North, under consideration. The contention 0001, and it is requested that copies be Public File Area O1F21, 11555 must be one which, if proven, would transmitted either by means of facsimile Rockville Pike (first floor), Rockville, entitle the petitioner to relief. A transmission to 301–415–3725 or by e- Maryland. Publicly available records petitioner/requestor who fails to satisfy mail to [email protected]. A copy will be accessible from the Agencywide these requirements with respect to at of the request for hearing and petition Documents Access and Management least one contention will not be for leave to intervene should also be System’s (ADAMS) Public Electronic permitted to participate as a party. sent to the General Counsel, Tennessee Reading Room on the Internet at the Those permitted to intervene become Valley Authority, 400 West Summit Hill NRC Web site, http://www.nrc.gov/ parties to the proceeding, subject to any Drive, ET 11A, Knoxville, Tennessee reading-rm/doc-collections/cfr/. If a limitations in the order granting leave to 37902, attorney for the licensee. request for a hearing or petition for intervene, and have the opportunity to For further details with respect to this leave to intervene is filed by the above participate fully in the conduct of the action, see the application for date, the Commission or a presiding hearing. amendment dated November 9, 2006, officer designated by the Commission or If a hearing is requested, the which is available for public inspection by the Chief Administrative Judge of the Commission will make a final at the Commission’s PDR, located at Atomic Safety and Licensing Board determination on the issue of no One White Flint North, File Public Area Panel, will rule on the request and/or significant hazards consideration. The O1 F21, 11555 Rockville Pike (first petition; and the Secretary or the Chief final determination will serve to decide floor), Rockville, Maryland. Publicly Administrative Judge of the Atomic when the hearing is held. If the final available records will be accessible from Safety and Licensing Board will issue a determination is that the amendment the Agencywide Documents Access and notice of a hearing or an appropriate request involves no significant hazards Management System’s (ADAMS) Public order. consideration, the Commission may Electronic Reading Room on the Internet As required by 10 CFR 2.309, a issue the amendment and make it at the NRC Web site, http:// petition for leave to intervene shall set immediately effective, notwithstanding www.nrc.gov/reading-rm/adams.html. forth with particularity the interest of the request for a hearing. Any hearing Persons who do not have access to the petitioner in the proceeding, and held would take place after issuance of ADAMS or who encounter problems in how that interest may be affected by the the amendment. If the final accessing the documents located in results of the proceeding. The petition determination is that the amendment ADAMS, should contact the NRC PDR should specifically explain the reasons request involves a significant hazards Reference staff by telephone at 1–800– why intervention should be permitted consideration, any hearing held would 397–4209, 301–415–4737, or by e-mail with particular reference to the take place before the issuance of any to [email protected]. following general requirements: (1) The amendment. name, address and telephone number of Nontimely requests and/or petitions Dated at Rockville, Maryland, this 14th day of November 2006. the requestor or petitioner; (2) the and contentions will not be entertained nature of the requestor’s/petitioner’s absent a determination by the For the Nuclear Regulatory Commission. right under the Act to be made a party Commission or the presiding officer of Margaret H. Chernoff, to the proceeding; (3) the nature and the Atomic Safety and Licensing Board Project Manager, Plant Licensing Branch II– extent of the requestor’s/petitioner’s that the petition, request and/or the 2, Division of Operating Reactor Licensing, property, financial, or other interest in contentions should be granted based on Office of Nuclear Reactor Regulation. the proceeding; and (4) the possible a balancing of the factors specified in 10 [FR Doc. E6–19569 Filed 11–17–06; 8:45 am] effect of any decision or order which CFR 2.309(c)(1)(i)–(viii). BILLING CODE 7590–01–P may be entered in the proceeding on the A request for a hearing or a petition requestors/petitioner’s interest. The for leave to intervene must be filed by: petition must also identify the specific (1) First class mail addressed to the NUCLEAR REGULATORY contentions which the petitioner/ Office of the Secretary of the COMMISSION requestor seeks to have litigated at the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– In the Matter of All Panoramic and proceeding. Underwater Irradiators Authorized To Each contention must consist of a 0001, Attention: Rulemaking and Possess Greater Than 370 specific statement of the issue of law or Adjudications Staff; (2) courier, express Terabecquerels (10,000 Curies) fact to be raised or controverted. In mail, and expedited delivery services: Byproduct Material in the Form of addition, the petitioner/requestor shall Office of the Secretary, Sixteenth Floor, Sealed Sources; Order Imposing provide a brief explanation of the bases One White Flint North, 11555 Rockville Compensatory Measures (Effective for the contention and a concise Pike, Rockville, Maryland, 20852, Immediately) statement of the alleged facts or expert Attention: Rulemaking and opinion which support the contention Adjudications Staff; (3) E-mail [EA 06–251] and on which the petitioner intends to addressed to the Office of the Secretary, rely in proving the contention at the U.S. Nuclear Regulatory Commission, I hearing. The petitioner/requestor must [email protected]; or (4) The Licensees identified in also provide references to those specific facsimile transmission addressed to the Attachment 1 to this Order hold licenses sources and documents of which the Office of the Secretary, U.S. Nuclear issued in accordance with the Atomic petitioner is aware and on which the Regulatory Commission, Washington, Energy Act of 1954 and 10 CFR part 36

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or comparable Agreement State currently possess, or have near term 241), applicable to the handling and regulations by the U.S. Nuclear plans to possess, greater than 370 unauthorized disclosure of safeguards Regulatory Commission (NRC or terabecquerels (10,000 curies) of information as serious breaches of Commission) or an Agreement State byproduct material in the form of sealed adequate protection of the public health authorizing possession of greater than sources. These requirements, which and safety and the common defense and 370 terabecquerels (10,000 curies) of supplement existing regulatory security of the United States. Access to byproduct material in the form of sealed requirements, will provide the safeguards information is limited to sources either in panoramic irradiators Commission with reasonable assurance those persons who have established a that have dry or wet storage of the that the public health and safety and need-to-know the information, are sealed sources or in underwater common defense and security continue considered to be trustworthy and irradiators in which both the source and to be adequately protected in the current reliable, have been fingerprinted and the product being irradiated are under threat environment. These requirements undergone a Federal Bureau of water. Commission regulations at 10 will remain in effect until the Investigation (FBI) identification and CFR 20.1801 or equivalent Agreement Commission determines otherwise. criminal history records check. A need State regulations, require Licensees to The Commission recognizes that to know means a determination by a secure, from unauthorized removal or Licensees may have already initiated person having responsibility for access, licensed materials that are stored many measures set forth in Attachment protecting Safeguards Information that a in controlled or unrestricted areas. 2 to this Order in response to previously proposed recipient’s access to Commission regulations at 10 CFR issued advisories or on their own. It is Safeguards Information is necessary in 20.1802 or equivalent Agreement States also recognized that some measures may the performance of official, contractual, regulations, require Licensees to control not be possible or necessary at some or licensee duties of employment. and maintain constant surveillance of sites, or may need to be tailored to In order to provide assurance that the licensed material that is in a controlled accommodate the Licensees’ specific Licensees are implementing prudent or unrestricted area and that is not in circumstances to achieve the intended measures to achieve a consistent level of storage. objectives and avoid any unforeseen protection to address the current threat effect on the safe use and storage of the II environment, all Licensees who hold sealed sources. licenses issued by the U.S. Nuclear On September 11, 2001, terrorists Although the additional security Regulatory Commission or an simultaneously attacked targets in New measures implemented by the Licensees Agreement State authorizing possession York, N.Y., and Washington, DC, in response to the Safeguards and greater than 370 terabecquerels (10,000 utilizing large commercial aircraft as Threat Advisories have been adequate to curies) of byproduct material in the weapons. In response to the attacks and provide reasonable assurance of intelligence information subsequently adequate protection of public health and form of sealed sources in a panoramic obtained, the Commission issued a safety, the Commission concludes that or underwater irradiator shall number of Safeguards and Threat the security measures must be embodied implement the requirements identified Advisories to its Licensees in order to in an Order consistent with the in Attachment 2 to this Order. In strengthen Licensees’ capabilities and established regulatory framework. The addition, pursuant to 10 CFR 2.202, I readiness to respond to a potential security measures contained in find that in light of the common defense attack on a nuclear facility. The Attachment 2 of this Order contain and security matters identified above, Commission has also communicated safeguards information and will not be which warrant the issuance of this with other Federal, State and local released to the public. The Commission Order, the public health, safety and government agencies and industry has broad statutory authority to protect interest require that this Order be representatives to discuss and evaluate and prohibit the unauthorized effective immediately. the current threat environment in order disclosure of safeguards information. III to assess the adequacy of security Section 147 of the Atomic Energy Act of measures at licensed facilities. In 1954, as amended, grants the Accordingly, pursuant to Sections 81, addition, the Commission has been Commission explicit authority to ‘‘issue 161b, 161i, 161o, 182 and 186 of the conducting a review of its safeguards such orders, as necessary to prohibit the Atomic Energy Act of 1954, as amended, and security programs and unauthorized disclosure of safeguards and the Commission’s regulations in 10 requirements. information. * * *’’ This authority CFR 2.202, 10 CFR part 30, and 10 CFR As a result of its consideration of extends to information concerning part 36, it is hereby ordered, effective current safeguards and license special nuclear material, source immediately, that all licensees requirements, as well as a review of material, and byproduct material, as identified in Attachment 1 to this order information provided by the intelligence well as production and utilization shall comply with the requirements of community, the Commission has facilities. Licensees must ensure proper this order as follows: determined that certain compensatory handling and protection of safeguards A. The licensees shall, measures are required to be information to avoid unauthorized notwithstanding the provisions of any implemented by Licensees as prudent, disclosure in accordance with the Commission or Agreement State measures to address the current threat specific requirements for the protection regulation or license to the contrary, environment. Therefore, the of safeguards information contained in comply with the requirements described Commission is imposing the Attachment 2 to the Order Imposing in Attachment 2 to this Order. The requirements, as set forth in Attachment Requirements for the Protection of licensee shall immediately start 2 on all Licensees identified in Certain Safeguards Information (EA–06– implementation of the requirements in Attachment 1 of this Order 1 who 241). The Commission hereby provides Attachment 2 to the Order and shall notice that it intends to treat all complete implementation by May 8, 1 Attachment 1 contains OFFICIAL USE ONLY— violations of the requirements contained 2007, or the first day that greater than Security Related Information sensitive information in Attachment 2 to the Order Imposing 370 terabecquerels (10,000 curies) of and Attachment 2 contains SAFEGUARDS INFORMATION and will not be released to the Requirements for the Protection of byproduct material in the form of sealed public. Certain Safeguards Information (EA–06– sources is possessed, which ever is later.

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B.1. The Licensee shall, within twenty FAX) to the NRC in accordance with his interest is adversely affected by this (20) days of the date of this Order, notify Attachment 2 to the Order Imposing Order and shall address the criteria set the Commission, (1) if it is unable to Requirements for the Protection of forth in 10 CFR 2.309(d). comply with any of the requirements Certain Safeguards Information (EA–06– If a hearing is requested by the described in Attachment 2, (2) if 241). Licensee or a person whose interest is The Director, Office of Federal and compliance with any of the adversely affected, the Commission will State Materials and Environmental requirements is unnecessary in its issue an Order designating the time and Management Programs, may, in writing, specific circumstances, or (3) if place of any hearing. If a hearing is held, implementation of any of the relax or rescind any of the above the issue to be considered at such requirements would cause the Licensee conditions upon demonstration by the hearing shall be whether this Order to be in violation of the provisions of Licensee of good cause. should be sustained. any Commission or Agreement State IV regulation or its license. The Pursuant to 10 CFR 2.202(c)(2)(i), the notification shall provide the Licensee’s In accordance with 10 CFR 2.202, the Licensee may, in addition to demanding justification for seeking relief from or Licensee must, and any other person a hearing, at the time the answer is filed variation of any specific requirement. adversely affected by this Order may, or sooner, move the presiding officer to B.2. If the Licensee considers that submit an answer to this Order, and set aside the immediate effectiveness of implementation of any of the may request a hearing on this Order, the Order on the ground that the Order, requirements described in Attachment 2 within twenty (20) days of the date of including the need for immediate to this Order would adversely impact this Order. Where good cause is shown, effectiveness, is not based on adequate safe operation of the facility, the consideration will be given to extending evidence but on mere suspicion, Licensee must notify the Commission, the time to request a hearing. A request unfounded allegations, or error. within twenty (20) days of this Order, of for extension of time in which to submit an answer or request a hearing must be In the absence of any request for the adverse safety impact, the basis for hearing, or written approval of an its determination that the requirement made in writing to the Director, Office extension of time in which to request a has an adverse safety impact, and either of Federal and State Materials and hearing, the provisions specified in a proposal for achieving the same Environmental Management Programs, Section III above shall be final twenty objectives specified in the Attachment 2 U.S. Nuclear Regulatory Commission, (20) days from the date of this Order requirement in question, or a schedule Washington, DC 20555, and include a for modifying the facility to address the statement of good cause for the without further order or proceedings. If adverse safety condition. If neither extension. The answer may consent to an extension of time for requesting a approach is appropriate, the Licensee this Order. Unless the answer consents hearing has been approved, the must supplement its response to to this Order, the answer shall, in provisions specified in Section III shall Condition B.1 of this Order to identify writing and under oath or affirmation, be final when the extension expires if a the condition as a requirement with specifically set forth the matters of fact hearing request has not been received. which it cannot comply, with attendant and law on which the Licensee or other An answer or a request for hearing shall justifications as required in Condition person adversely affected relies and the not stay the immediate effectiveness of B.1. reasons as to why the Order should not this order. C.1. The Licensee shall, within twenty have been issued. Any answer or Dated: November 9, 2006. request for a hearing shall be submitted (20) days of the date of this Order, For the Nuclear Regulatory Commission. submit to the Commission a schedule to the Secretary, Office of the Secretary for completion of each requirement of the Commission, U.S. Nuclear Charles L. Miller, described in Attachment 2. Regulatory Commission, ATTN: Director, Office of Federal and State Materials C.2. The Licensee shall report to the Rulemakings and Adjudications Staff, and Environmental Management Programs. Commission when they have achieved Washington, DC 20555. Copies also Attachment 1: List of Licensees full compliance with the requirements shall be sent to the Director, Office of described in Attachment 2. Federal and State Materials and Redacted. D. Notwithstanding any provisions of Environmental Management Programs, the Commission’s or Agreement State’s U.S. Nuclear Regulatory Commission, Attachment 2: Compensatory Measures regulations to the contrary, all measures Washington, DC 20555, to the Assistant for Panoramic and Underwater implemented or actions taken in General Counsel for Materials Litigation Irradiator Licensees response to this order shall be and Enforcement at the same address, Redacted. maintained until the Commission and to the Licensee if the answer or determines otherwise. hearing request is by a person other than [FR Doc. E6–19570 Filed 11–17–06; 8:45 am] Licensee response to Conditions B.1, the Licensee. Because of possible BILLING CODE 7590–01–P B.2, C.1, and C.2 above shall be disruptions in delivery of mail to United submitted to the Director, Office of States Government offices, it is Federal and State Materials and requested that answers and requests for NUCLEAR REGULATORY Environmental Management Programs, hearing be transmitted to the Secretary COMMISSION U.S. Nuclear Regulatory Commission, of the Commission either by means of Washington, DC 20555. In addition, facsimile transmission to 301–415–1101 Sunshine Act Meeting Licensee submittals that contain specific or by e-mail to [email protected] physical protection or security and also to the Office of the General DATE: Weeks of November 20, 27, information considered to be safeguards Counsel either by means of facsimile December 4, 11, 18, 25, 2006. information shall be put in a separate transmission to 301–415–3725 or by e- PLACE: Commissioners’ Conference enclosure or attachment and, marked as mail to [email protected]. If a Room, 11555 Rockville Pike, Rockville, ‘‘SAFEGUARDS INFORMATION— person other than the Licensee requests Maryland. MODIFIED HANDLING’’ and mailed (no a hearing, that person shall set forth electronic transmittals i.e., no e-mail or with particularity the manner in which STATUS: Public and closed.

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Matters To Be Considered The NRC provides reasonable water reactors to utilize a new indicator, accommodation to individuals with Dose Equivalent Xenon-133 instead of Week of November 20, 2006 disabilities where appropriate. If you the current indicator known as E Bar. There are no meetings scheduled for need a reasonable accommodation to The purpose of these models is to the Week of November 20, 2006. participate in these public meetings, or permit the NRC to efficiently process Week of November 27, 2006—Tentative need this meeting notice or the amendments to incorporate these transcript or other information from the changes into plant-specific Technical Thursday, November 30, 2006 public meetings in another format (e.g. Specifications (TS) for Babcock and 12:55 p.m. Affirmation Session braille, large print), please notify the Wilcox, Westinghouse, and Combustion (Public Meeting) (Tentative), a. Hydro NRC’s Disability Program Coordinator, Engineering Pressurized Water Reactors Resources, Inc. (Crownpoint, NM) Deborah Chan, at 301–415–7041,TDD: (PWRs). Licensees of nuclear power Intervenors’ Petition for Review of LBP– 301–415–2100, or by e-mail at reactors to which the models apply can 06–19 (Final Partial Initial Decision— [email protected]. Determinations on request amendments conforming to the NEPA Issues) (Tentative). requests for reasonable accommodation models. In such a request, a licensee will be made on a case-by-case basis. should confirm the applicability of the Week of December 4, 2006—Tentative This notice is distributed by mail to model LAR, model SE and NSHC Thursday, December 7, 2006 several hundred subscribers; if you no determination to its plant. The NRC staff longer wish to receive it, or would like is requesting comments on the model 9:30 a.m. Discussion of Management to be added to the distribution, please Issues (Closed—Ex. 2). LAR, model SE and NSHC contact the Office of the Secretary, determination for referencing in license Week of December 11, 2006—Tentative Washington, DC 20555 (301–415–1969). amendment applications. In addition, distribution of this meeting Monday, December 11, 2006 DATES: The comment period expires 30 notice over the Internet system is days from the date of this publication. 1:30 p.m. Briefing on Status of available. If you are interested in Comments received after this date will Decommissioning Activities (Public receiving this Commission meeting be considered if it is practical to do so, Meeting) (Contact: Keith McConnell, schedule electronically, please send an but the Commission is able to ensure 301–415–7295). electronic message to [email protected]. consideration only for comments This meeting will be Webcast live at Dated: November 14, 2006. received on or before this date. the Web address—http://www.nrc.gov. R. Michelle Schroll, ADDRESSES: Comments may be Tuesday, December 12, 2006 Office of the Secretary. submitted either electronically or via 9:30 a.m. Briefing on Threat [FR Doc. 06–9292 Filed 11–16–06; 10:17 am] U.S. mail. Environment Assessment (Closed—Ex. BILLING CODE 7590–01–M Submit written comments to: Chief, 1) Rulemaking, Directives, and Editing 1:30 p.m. Discussion of Security Branch, Division of Administrative Issues (Closed—Ex. 1 & 3). NUCLEAR REGULATORY Services, Office of Administration, Mail COMMISSION Stop: T–6 D59, U.S. Nuclear Regulatory Wednesday, December 13, 2006 Commission, Washington, DC 20555– 9:30 a.m. Briefing on Status of Equal Notice of Opportunity To Comment on 0001. Employment Opportunity (EEO) Model Safety Evaluation and Model Hand deliver comments to: 11545 Programs (Public Meeting) (Contact: License Amendment Request on Rockville Pike, Rockville, Maryland, Barbara Williams, 301–415–7388). Technical Specification Improvement between 7:45 a.m. and 4:15 p.m. on This meeting will be Webcast live at Regarding Deletion of E Bar Definition Federal workdays. the Web address—http://www.nrc.gov. and Revision to Reactor Coolant Submit comments by electronic mail System Specific Activity Technical Thursday, December 14, 2006 to: [email protected]. Specification; Babcock and Wilcox Copies of comments received may be 9:30 a.m. Meeting with Advisory Pressurized Water Reactors, examined at the NRC’s Public Document Committee on Nuclear Waste (ACNW) Westinghouse Pressurized Water Room, One White Flint North, Public (Public Meeting) (Contact: John Larkins, Reactors, Combustion Engineering File Area O1–F21, 11555 Rockville Pike 301–415–7360). Pressurized Water Reactors Using the (first floor), Rockville, Maryland. This meeting will be webcast live at Consolidated Line Item Improvement FOR FURTHER INFORMATION CONTACT: the Web address—http://www.nrc.gov. Process Trent Wertz, Mail Stop: O–12H2, Week of December 18, 2006—Tentative AGENCY: Nuclear Regulatory Division of Inspection and Regional There are no meetings scheduled for Commission. Support, Office of Nuclear Reactor the Week of December 18, 2006. ACTION: Request for comment. Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– Week of December 25, 2006—Tentative SUMMARY: Notice is hereby given that 0001, telephone (301) 415–1568. There are no meetings scheduled for the staff of the U.S. Nuclear Regulatory SUPPLEMENTARY INFORMATION: the Week of December 25, 2006. Commission (NRC) has prepared a *The schedule for Commission model license amendment request Background meetings is subject to change on short (LAR), model safety evaluation (SE), and Regulatory Issue Summary 2000–06, notice. To verify the status of meetings model proposed no significant hazards ‘‘Consolidated Line Item Improvement call (recording)—301–415–1292. consideration (NSHC) determination Process (CLIIP) for Adopting Standard Contact person for more information: related to deletion of E Bar (average Technical Specifications Changes for Michelle Schroll, 301–415–1662. disintegration energy, E¯ ) definition and Power Reactors,’’ was issued on March The NRC Commission Meeting revision to reactor coolant system (RCS) 20, 2000. The CLIIP is intended to Schedule can be found on the Internet specific activity technical specification. improve the efficiency and transparency at: http://www.nrc.gov/what-we-do/ This request revises the RCS specific of NRC licensing processes. This is policy-making/schedule.html. activity specification for pressurized accomplished by processing proposed

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changes to the Standard Technical To efficiently process the incoming that their actual application fulfills their Specifications (STS) in a manner that license amendment applications, the administrative requirements as well as NRC supports subsequent license amendment NRC staff requests that each licensee regulations. applications. The CLIIP includes an applying for the changes addressed by U.S. Nuclear Regulatory Commission, opportunity for the public to comment TSTF–490, Revision 0, using the CLIIP Document Control Desk, on proposed changes to the STS submit an LAR that adheres to the Washington, DC 20555. following a preliminary assessment by following model. Any variations from SUBJECT: Plant Name, Docket No. 50-[xxx,] the NRC staff and finding that the the model LAR should be explained in Re: Application for Technical Specification change will likely be offered for the licensee’s submittal. Variations from Improvement to Adopt TSTF–490, adoption by licensees. This notice is the approach recommended in this Revision 0, ‘‘deletion of E-bar definition and revision to RCS Specific Activity Tech soliciting comment on a proposed notice may require additional review by Spec’’ change to the STS that deletes the E Bar the NRC staff, and may increase the time definition and revises the RCS specific Dear Sir or Madam: In accordance with the and resources needed for the review. provisions of Section 50.90 of Title 10 of the activity technical specification of the Significant variations from the Code of Federal Regulations (10 CFR), Babcock and Wilcox PWR STS, Revision approach, or inclusion of additional [LICENSEE] is submitting a request for an 3 of NUREG–1430, Westinghouse PWR amendment requests, may result in staff amendment to the technical specifications STS Revision 3 NUREG–1431, and rejection of the CLIIP adoption request. (TS) for [PLANT NAME, UNIT NOS.]. The Combustion Engineering PWR STS Instead, licensees desiring significant proposed changes would replace the current Revision 3 NUREG–1432. The CLIIP variations and/or additional changes pressurized water reactor (PWR) Technical directs the NRC staff to evaluate any should submit a non-CLIIP LAR that Specification (TS) 3.4.16 limits on reactor comments received for a proposed does not request to adopt TSTF–490 via coolant system (RCS) gross specific activity change to the STS and to either CLIIP. with a new limit on RCS noble gas specific reconsider the change or proceed with activity. The noble gas specific activity limit announcing the availability of the Public Notices would be based on a new dose equivalent Xe- This notice requests comments from 133 (DEX) definition that would replace the change for proposed adoption by current E-Bar (E) average disintegration licensees. Those licensees opting to interested members of the public within energy definition. In addition, the current apply for the subject change to TSs are 30 days of the date of this publication. dose equivalent I–131 (DEI) definition would responsible for reviewing the staff’s Following the NRC staff’s evaluation of be revised to allow the use of additional evaluation, referencing the applicable comments received as a result of this thyroid dose conversion factors (DCFs). technical justifications, and providing notice, the NRC staff may reconsider the The changes are consistent with NRC- any necessary plant-specific proposed change or may proceed with approved Industry Technical Specification information. Following the public announcing the availability of the Task Force (TSTF) Standard Technical comment period, the model LAR and change in a subsequent notice (perhaps Specification Change Traveler, TSTF–490, model SE will be finalized, and posted with some changes to the model LAR, Revision 0, ‘‘Deletion of E-Bar Definition and on the NRC webpage. Each amendment model SE or model NSHC determination Revision to RCS Specific Activity Tech Spec.’’ The availability of this TS application made in response to the as a result of public comments). If the improvement was announced in the Federal notice of availability will be processed NRC staff announces the availability of Register on [DATE] ([ ]FR[ ]) as part of the and noticed in accordance with the change, licensees wishing to adopt Consolidated Line Item Improvement Process applicable NRC rules and procedures. the change will submit an application in (CLIIP). This notice involves replacement of accordance with applicable rules and Enclosure 1 provides a description and the current PWR TS 3.4.16 limits on other regulatory requirements. The NRC assessment of the proposed changes, as well RCS gross specific activity with a new staff will, in turn, issue for each as confirmation of applicability. Enclosure 2 limit on RCS noble gas specific activity. application a notice of consideration of provides the existing TS pages and TS Bases The noble gas specific activity limit issuance of amendment to facility marked-up to show the proposed changes. would be based on a new dose Enclosure 3 provides final TS pages and TS operating license(s), a proposed NSHC Bases pages. equivalent Xe-133 (DEX) definition that determination, and an opportunity for a would replace the current E–Bar average [LICENSEE] requests approval of the hearing. A notice of issuance of an proposed license amendment by [DATE], disintegration energy definition. In amendment to operating license will with the amendment being implemented [BY addition, the current dose equivalent I– announce the revised requirements for DATE OR WITHIN X DAYS]. In accordance 131 (DEI) definition would be revised to each plant that applies for and receives with 10 CFR 50.91, a copy of this application, allow the use of additional thyroid dose the requested change. with enclosures, is being provided to the conversion factors (DCFs). By letter designated [STATE] Official. dated September 13, 2005, the Dated at Rockville, Maryland this 14th day I declare under penalty of perjury under of November, 2006. Technical Specifications Task Force the laws of the United States of America that (TSTF) proposed these changes for For the Nuclear Regulatory Commission. I am authorized by [LICENSEE] to make this incorporation into the STS as TSTF– Timothy J. Kobetz, request and that the foregoing is true and correct. [Note that request may be notarized 490, Revision 0. Chief, Technical Specifications Branch, Division of Inspection and Regional Support, in lieu of using this oath or affirmation Applicability Office of Nuclear Reactor Regulation. statement]. If you should have any questions regarding this submittal, please contact [ ]. These proposed changes will revise For inclusion on the technical specification Sincerely, the definition of DOSE EQUIVALENT I– web page. The following example of an Name, Title 131, delete the definition of ‘‘E–Bar,’’ application was prepared by the NRC staff to Enclosures: AVERAGE DISINTEGRATION ENERGY, facilitate the adoption of Technical add a new definition for DOSE Specifications task force (TSTF) Traveler 1. Description and Assessment of Proposed Changes EQUIVALENT XE–133, and revise LCO TSTF–490, Revision 0 ‘‘deletion of E-bar definition and revision to RCS Specific 2. [Proposed Technical Specification 3.4.16 for Babcock and Wilcox, Activity Tech Spec.’’ The model provides the Changes and Technical Specification Westinghouse, and Combustion expected level of detail and content for an Bases Changes] Engineering PWRs, STS NUREGs 1430, application to adopt TSTF–490, Revision 0. 3. [Final Technical Specification and Bases 1431, and 1432. Licensees remain responsible for ensuring pages]

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cc: NRR Project Manager, Regional Office, • Deleted SR 3.4.16.3 requested changes are the adoption of TSTF– Resident Inspector, State Contact, ITSB 490, Revision 0, ‘‘Deletion of E Bar Definition 3.0 Background Branch Chief. and Revision to RCS Specific Activity Tech The background for this application is as Spec’’ to the Pressurized Water Reactor Enclosure 1—Description and Assessment of stated in the model SE in NRC’s Notice of (PWR) Standard Technical Specifications Proposed Changes Availability published on [DATE ]([ ] FR [ ]), (STS), which was proposed by the Technical 1.0 Description the NRC Notice for Comment published on Specifications Task Force (TSTF) by letter on [DATE] ([ ] FR [ ]), and TSTF–490, Revision September 13, 2005. This TSTF involves This letter is a request to amend Operating 0. changes to NUREG–1430, NUREG–1431, and License(s) [LICENSE NUMBER(S)] for NUREG–1432 Section 3.4.16 limits on reactor 4.0 Technical Analysis [PLANT/UNIT NAME(S)]. coolant system (RCS) gross specific activity The proposed changes would replace the [LICENSEE] has reviewed References 1 and with a new limit on RCS noble gas specific current limits on primary coolant gross 2, and the model SE published on [DATE] ([ activity. The noble gas specific activity limit specific activity with limits on primary ]FR [ ]) as part of the CLIIP Notice for would be based on a new dose equivalent coolant noble gas activity. The noble gas Availability. [LICENSEE] has applied the Xe–133 (DEX) definition that would replace activity would be based on DOSE methodology in Reference 1 to develop the the current E-Bar average disintegration EQUIVALENT XE–133 and would take into proposed TS changes. [LICENSEE] has also energy definition. In addition, the current account only the noble gas activity in the concluded that the justifications presented in dose equivalent I–131 (DEI) definition would primary coolant. TSTF–490, Revision 0 and the model SE be revised to allow the use of additional Technical Specification Task Force (TSTF) prepared by the NRC staff are applicable to thyroid dose conversion factors (DCFs). change traveler TSTF–490, Revision 0, [PLANT, UNIT NOS.], and justify this ‘‘Deletion of E Bar Definition and Revision to amendment for the incorporation of the 2.0 REGULATORY EVALUATION RCS Specific Activity Tech Spec’’ was changes to the [PLANT] TS. The Nuclear Regulatory Commission (NRC) announced for availability in the Federal 5.0 Regulatory Analysis staff evaluated the impact of the proposed Register on [DATE] as part of the changes as they relate to the radiological consolidated line item improvement process A description of this proposed change and consequences of affected design basis (CLIIP). its relationship to applicable regulatory accidents (DBAs) that use the reactor coolant requirements and guidance was provided in 2.0 Proposed Changes system (RCS) inventory as the source term. the NRC Notice of Availability published on The source term assumed in radiological Consistent with NRC-approved TSTF–490, [DATE] ([ ] FR [ ]), the NRC Notice for analyses should be based on the activity Revision 0, the proposed TS changes include: Comment published on [DATE] ([ ] FR [ ]), • associated with the projected fuel damage or Revised definition of DOSE and TSTF–490, Revision 0. the maximum TS RCS values, whichever EQUIVALENT I–131 • 6.0 No Significant Hazards Consideration maximizes the radiological consequences. Deletion of the definition of ‘‘E–Bar, The limits on RCS specific activity ensure AVERAGE DISINTEGRATION ENERGY [LICENSEE] has reviewed the proposed no • that the offsite doses are appropriately Adding a new definition for DOSE significant hazards consideration limited for accidents that are based on EQUIVALENT XE–133 determination published in the Federal • releases from the RCS with no significant Revised LCO 3.4.16, ‘‘RCS Specific Register on [DATE] ([ ] FR [ ]) as part of the amount of fuel damage. Activity’’ to delete references to gross CLIIP. [LICENSEE] has concluded that the The Steam Generator Tube Rupture (SGTR) specific activity, and reference limits on proposed determination presented in the accident and the Main Steam Line Break DOSE EQUIVALENT I–131 and DOSE notice is applicable to [PLANT] and the (MSLB) accident, with a few exceptions, do EQUIVALENT XE–133, and delete Figure determination is hereby incorporated by not result in fuel damage and therefore the 3.4.16–1, ‘‘Reactor Coolant DOSE reference to satisfy the requirements of 10 radiological consequence analyses are based EQUIVALENT I–131 Specific Activity Limit CFR 50.91(a). on the release of primary coolant activity at versus Percent of RATED THERMAL 7.0 Environmental Evaluation maximum TS limits. For accidents that result POWER.’’ in fuel damage, the additional dose • [LICENSEE] has reviewed the Revised Applicability of LCO 3.4.16 to contribution from the initial activity in the environmental consideration included in the indicate the LCO is applicable in MODES RCS is not normally evaluated and is model SE published in the Federal Register 1,2,3, and 4 considered to be insignificant in relation to • on [DATE] ([ ] FR [ ]) as part of the CLIIP. [Modified ACTIONS Table as follows: the dose resulting from the release of fission [LICENSEE] has concluded that the staff’s A. Condition A is modified to delete the products from the damaged fuel. findings presented therein are applicable to reference to Figure 3.4.16–1, and define an [For licensees that incorporate the source [PLANT] and the determination is hereby upper limit that is applicable at all power term as defined in Technical Information incorporated by reference for this levels. Document (TID) 14844, AEC, 1962, application. B. NUREG–1430 and NUREG–1432 ‘‘Calculation of Distance Factors for Power ACTIONS are reordered, moving Condition 8.0 References and Test Reactors Sites,’’ in their dose C to Condition B. 1. Federal Register Notices: consequence analyses, the staff uses the C. Condition B (was Condition C in NUREG– Notice for Comment published on [DATE] regulatory guidance provided in NUREG– 1430 and NUREG 1432) is modified to ([ ] FR [ ]) 0800, ‘‘Standard Review Plan (SRP) for the provide a Condition and Required Action Notice of Availability published on [DATE Review of Safety Analysis Reports for for DOSE EQUIVALENT XE–133 instead of ] ([ ] FR [ ]) Nuclear Power Plants,’’ Section 15.1.5, gross specific activity. The Completion ‘‘Steam System Piping Failures Inside and Time is changed from 6 hours to 48 hours. MODEL SAFETY EVALUATION Outside of Containment (PWR),’’ Appendix A Note stating the applicability of LCO A, ‘‘Radiological Consequences of Main U.S. Nuclear Regulatory Commission 3.0.4.c is added, consistent with the Note Steam Line Failures Outside Containment,’’ to Required Action A.1. Office of Nuclear Reactor Regulation Revision 2, for the evaluation of MSLB D. Condition C (was Condition B in NUREG– accident analyses and NUREG–0800, SRP 1430 and NUREG–1432) is modified based Technical Specification Task Force TSTF– Section 15.6.3, ‘‘Radiological Consequences on the changes to Conditions A and B and 490, Revision 0 of Steam Generator Tube Failure (PWR),’’ to reflect the change in the LCO ‘‘Deletion of E-Bar Definition and Revision to Revision 2, for evaluating SGTR accidents Applicability] RCS Specific Activity Tech Spec’’ analyses. In addition, the staff uses the • Revised SR 3.4.16.1 to verify the limit for guidance from RG 1.195, ‘‘Methods and DOSE EQUIVALENT XE–133. A Note is 1.0 INTRODUCTION Assumptions for Evaluating Radiological added, consistent with SR 3.4.16.2 to allow By letter dated [_, 20_], [LICENSEE] (the Consequences of Design Basis Accidents at entry into MODES 4,3, and 2 prior to licensee) proposed changes to the technical Light Water Nuclear Power Reactors,’’ May performance of the SR. specifications (TS) for [PLANT NAME]. The 2003, for those licensees that chose to use its

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guidance for dose consequence analyses room under accident conditions without analyses become disconnected from plant using the TID 14844 source term.] personnel receiving radiation exposures in operation and the limiting condition for [For licensees using the alternative source excess of 5 rem TEDE for the duration of the operation (LCO) becomes essentially term (AST) in their dose consequence accident.] meaningless. It also results in a TS limit that analyses, the staff uses the regulatory can vary during operation as different values guidance provided in NUREG–0800, SRP 3.0 TECHNICAL EVALUATION for E–Bar are determined. Section 15.0.1, ‘‘Radiological Consequence 3.1 Technical Evaluation of TSTF–490 RCS This change will implement a LCO that is Analyses Using Alternative Source Terms,’’ TS Changes consistent with the whole body radiological Revision 0, July 2000, and the methodology consequence analyses which are sensitive to 3.1.1 Revision to the Definition of DEI and assumptions stated in Regulatory Guide the noble gas activity in the primary coolant (RG) 1.183, ‘‘Alternative Radiological Source The list of acceptable DCFs for use in the but not to other, non-gaseous activity Terms for Evaluating Design Basis Accidents determination of DEI include the following: currently captured in the E–Bar definition. at Nuclear Power Reactors’’, July 2000.] • Table III of TID–14844, AEC, 1962, SR 3.4.16.1 specifies the limit for primary The applicable dose criteria for the ‘‘Calculation of Distance Factors for Power coolant gross specific activity as 100/E–Bar evaluation of DBAs depends on the source and Test Reactor Sites.’’ Ci/gm. The current E–Bar definition includes term incorporated in the dose consequence • Table E–7 of Regulatory Guide 1.109, radioisotopes that decay by the emission of analyses. [For licensees using the TID 14844 Revision 1, NRC, 1977. both gamma and beta radiation. The current source term, the maximum dose criteria to • ICRP 30,1979, page 192–212, Table titled Condition B of LCO 3.4.16 would rarely, if the whole body and the thyroid that an ‘‘Committed Dose Equivalent in Target ever, be met for exceeding 100/E–Bar since individual at the exclusion area boundary Organs or Tissues per Intake of Unit the calculated value is very high (the (EAB) can receive for the first 2 hours Activity.’’ denominator is very low) if beta emitters following an accident, and at the low • Table 2.1 of EPA Federal Guidance such as tritium (H–3) are included in the population zone (LPZ) outer boundary for the Report No. 11, 1988, ‘‘Limiting Values of determination, as required by the E–Bar duration of the radiological release, are Radionuclide Intake and Air Concentration definition. specified in Title 10 of the Code of Federal and Dose Conversion Factors for Inhalation, TS Section 1.1 definition for E—AVERAGE Regulations (10 CFR) Part 100.11. These Submersion, and Ingestion.’’ DISINTEGRATION ENERGY (E–Bar) is criteria are 25 roentgen equivalent man (rem) Note: It is incumbent on the licensee to deleted and replaced with a new definition total whole body dose and 300 rem thyroid ensure that the DCFs used in the for DEX which states: dose from iodine exposure. The accident determination of DEI are consistent with the ‘‘DOSE EQUIVALENT XE–133 shall be that dose criteria in 10 CFR 100.11 is applicable dose consequence analyses. concentration of Xe–133 (microcuries per supplemented by accident specific dose 3.1.2 Deletion of the Definition of E-Bar and gram) that alone would produce the same acceptance criteria in SRP 15.1.5, Appendix the Addition of a New Definition for DE Xe- acute dose to the whole body as the A, SRP 15.6.3 or Table 4 of RG 1.195, 133 combined activities of noble gas nuclides Kr– 85m, Kr–85, Kr–87, Kr–88, Xe–131m, Xe– ‘‘Methods and Assumptions for Evaluating The determination of DEX will be Radiological Consequences of Design Basis 133m, Xe–133, Xe–135m, Xe–135, and Xe– performed in a similar manner to that 138 actually present. If a specific noble gas Accidents at Light Water Nuclear Power currently used in determining DEI, except Reactors,’’ May 2003.] nuclide is not detected, it should be assumed that the calculation of DEX is based on the to be present at the minimum detectable [For control room dose consequence acute dose to the whole body and considers analyses that use the TID 14844 source term, activity. The determination of DOSE the noble gases Kr–85m, Kr–87, Kr–88, Xe– EQUIVALENT XE–133 shall be performed the regulatory requirement for which the 133m, Xe–133, Xe–135m, Xe–135, and Xe– NRC staff bases its acceptance is General using effective dose conversion factors for air 138 which are significant in terms of submersion listed in Table III.1 of EPA Design Criterion (GDC) 19 of Appendix A to contribution to whole body dose. Some noble 10 CFR Part 50, ‘‘Control Room’’. GDC 19 Federal Guidance Report No. 12, or the gas isotopes are not included due to low average gamma disintegration energies as requires that adequate radiation protection be concentration, short half life, or small dose provided to permit access and occupancy of provided in ICRP Publication 38, conversion factor. The calculation of DEX ‘‘Radionuclide Transformations’’ or similar the control room under accident conditions would use either the average gamma without personnel receiving radiation source.’’ disintegration energies for the nuclides or the The change incorporating the newly exposures in excess of 5 rem whole body, or effective dose conversion factors from Table its equivalent to any part of the body, for the defined quantity DEX is acceptable from a III.1 of EPA Federal Guidance Report No.12, radiological dose perspective since it will duration of the accident. NUREG–0800, SRP ‘‘External Exposure to Radionuclides in Air, Section 6.4, ‘‘Control Room Habitability result in an LCO that more closely relates the Water, and Soil’’, 1993. Using this approach, non-iodine RCS activity limits to the dose System,’’ Revision 2, July 1981, provides the limit on the amount of noble gas activity guidelines defining the dose equivalency of consequence analyses which form their in the primary coolant would not fluctuate bases. NOTE: IT IS INCUMBENT ON THE 5 rem whole body as 30 rem for both the with variations in the calculated values of E– thyroid and skin dose. For licensees adopting LICENSEE TO ENSURE THAT THE DCFS Bar. If a specified noble gas nuclide is not USED IN THE DETERMINATION OF DEI the guidance from RG 1.196, ‘‘Control Room detected, the new definition states that it AND THE NEWLY DEFINED DEX ARE Habitability at Light Water Nuclear Power should be assumed the nuclide is present at CONSISTENT WITH THE DCFS USED IN Reactors,’’ May 2003, Section C.4.5 of RG the minimum detectable activity. This will THE APPLICABLE DOSE CONSEQUENCE 1.195, May 2003, states that in lieu of the result in a conservative calculation of DEX. ANALYSIS. dose equivalency guidelines from Section 6.4 When E–Bar is determined using a design of NUREG–0800, the 10 CFR 20.1201 annual basis approach in which it is assumed that 3.1.3 Revision of LCO 3.4.16, ‘‘RCS Specific organ dose limit of 50 rem can be used for 1.0% of the power is being generated by fuel Activity’’ both the thyroid and skin dose equivalent of rods having cladding defects and it is also LCO 3.4.16 is modified to specify that 5 rem whole body.] assumed that there is no removal of fission iodine specific activity in terms of DEI and [Licensees using the AST are evaluated gases from the letdown flow, the value of E– noble gas specific activity in terms of DEX against the dose criteria specified in 10 CFR Bar is dominated by Xe–133. The other shall be within limits. Currently the limiting Part 50.67. The off-site dose criteria are 25 nuclides have relatively small contributions. indicators are not explicitly identified in the rem total effective dose equivalent (TEDE) at However, during normal plant operation LCO, but are instead defined in current the EAB for any 2-hour period following the there are typically only a small amount of Condition C and Surveillance Requirement onset of the postulated fission product fuel clad defects and the radioactive nuclide (SR) 3.4.16.1 for gross non-iodine specific release and 25 rem TEDE at the outer inventory can become dominated by tritium activity and in current Condition A and SR boundary of the LPZ for the duration of the and corrosion and or activation products, 3.4.16.2 for iodine specific activity. postulated fission product release. In resulting in the determination of a value of The new LCO states ‘‘RCS DOSE addition, 10 CFR Part 50.67 requires that E–Bar that is very different than would be EQUIVALENT I–131 and DOSE adequate radiation protection be provided to calculated using the design basis approach. EQUIVALENT XE–133 specific activity shall permit access and occupancy of the control Because of this difference the accident dose be within limits.’’ NOTE: IT IS INCUMBENT

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ON THE LICENSEE TO ENSURE THAT THE based on low concentration, short half life, or 3.1.8 SR 3.4.16.1 Revision to include SITE SPECIFIC LIMITS FOR BOTH DEI AND small dose conversion factors. The primary Surveillance for DEX DEX ARE CONSISTENT WITH THE purpose of the TS 3.4.16 LCO on RCS The change replaces the current SR CURRENT SGTR AND MSLB specific activity and its associated Conditions 3.4.16.1 surveillance for RCS gross specific RADIOLOGICAL CONSEQUENCE is to support the dose analyses for DBAs. The activity with a surveillance to verify that the ANALYSES. whole body dose is primarily dependent on site specific reactor coolant DEX specific TS 3.4.16 Required Action A.1 is revised the noble gas activity, not the non-gaseous activity is ≤ [280] µCi/gm. This change to remove the reference to Figure 3.4.16–1 activity currently captured in the E–Bar ‘‘Reactor Coolant DOSE EQUIVALENT I–131 provides a surveillance for the new LCO limit definition. added to TS 3.4.16 for DEX. The revised SR Specific Activity Limit versus Percent of The Completion Time for revised TS 3.4.16 RATED THERMAL POWER’’ and insert a 3.4.16.1 surveillance requires performing a Required Action B.1 will require restoration gamma isotopic analysis as a measure of the limit of less than or equal to the site specific of DEX to within limit in 48 hours. This is DEI spiking limit. Radiological dose noble gas specific activity of the reactor consistent with the Completion Time for coolant at least once every 7 days which is consequence analyses for SGTR and MSLB current Required Action A.2 for DEI. The accidents, which take into account the pre- the same frequency required under the radiological consequences for the SGTR and accident iodine spike, do not consider the current SR 3.4.16.1 surveillance for RCS the MSLB accidents demonstrate that the elevated RCS iodine specific activities gross non-iodine specific activity. The calculated thyroid doses are generally a permitted by Figure 3.4.16–1 for operation surveillance provides an indication of any greater percentage of the applicable below 80% RTP. Instead, the pre-accident increase in the noble gas specific activity. acceptance criteria than the calculated whole iodine spike analyses assume a DEI The results of the surveillance on DEX allow body doses (operation with iodine specific concentration 60 times higher than the proper remedial action to be taken before activity levels greater than the LCO limit is corresponding long term equilibrium value, reaching the LCO limit under normal permissible, if the activity levels do not which corresponds to the specific activity operating conditions. exceed the limits shown in Figure 3.4.16–1, limit associated with 100% RTP operation. SR 3.4.16.1 is modified by inclusion of a in the applicable specification, for more than TS 3.4.16 Required Action A.1 shall be based NOTE which permits the use of the 48 hours). Therefore the Completion Time for on the short term site specific DEI spiking provisions of LCO 3.0.4.c. This allowance limit to be consistent with the assumptions noble gas activity being out of specification in the revised Required Action B.1 should be permits entry into the applicable MODE(S) contained in the radiological consequence while relying on the ACTIONS. This analyses. at least as great as the Completion Time for iodine specific activity being out of allowance is acceptable due to the significant 3.1.4 TS 3.4.16 Applicability Revision specification in current Required Action A.2. conservatism incorporated into the specific TS 3.4.16 Applicability is modified to Therefore the Completion Time of 48 hours activity limit, the low probability of an event include MODE 3 and MODE 4. It is necessary for revised Required Action B.1 is acceptable which is limiting due to exceeding this limit, for the LCO to apply during MODES 1 from a radiological dose perspective. and the ability to restore transient specific through 4 to limit the potential radiological activity excursions while the plant remains 3.1.7 TS 3.4.16 Condition C Revision consequences of a SGTR or MSLB that may at, or proceeds to power operation. This occur during these MODES. In MODES 5 and TS 3.4.16 Condition C is revised to include allows entry into MODE 4, MODE 3, and 6, the steam generators are not used for decay Condition B (DEX not within limit) if the MODE 2 prior to performing the surveillance. heat removal, the RCS and steam generators Required Action and associated Completion This allows the surveillance to be performed are depressurized, and primary to secondary Time of Condition B is not met. This is in any of those MODES, prior to entering leakage is minimal. Therefore, the monitoring consistent with the changes made to MODE 1, similar to the current surveillance of RCS specific activity during MODES 5 and Condition B which now provides the same SR 3.4.16.2 for DEI. 6 is not required. The change to modify the completion time for both components of RCS 3.1.9 SR 3.4.16.3 Deletion TS 3.4.16 Applicability to include all of specific activity as discussed in the revision MODE 3 and MODE 4 is necessary to limit to Condition B. The revision to Condition C The current SR 3.4.16.3 which required the the potential radiological consequences of an also replaces the limit on DEI from the determination of E–Bar is deleted. TS 3.4.16 SGTR or MSLB that may occur during these deleted Figure 3.4.16–1 with a site specific LCO on RCS specific activity supports the MODES and is therefore acceptable from a value of > [60] µCi/gm. This change makes dose analyses for DBAs, in which the whole radiological dose perspective. Condition C consistent with the changes body dose is primarily dependent on the 3.1.5 TS 3.4.16 Condition A Revision made to TS 3.4.16 Required Action A.1. noble gas concentration, not the non-gaseous The change to TS 3.4.16 Required Action activity currently captured in the E–Bar TS 3.4.16 Condition A is revised by C.1 requires the plant to be in MODE 3 definition. With the elimination of the limit replacing the DEI site specific limit ‘‘> 1.0 within 6 hours and adds a new Required for RCS gross specific activity and the µCi/gm’’ with the words ‘‘not within limit’’ Action C.2 which requires the plant to be in addition of the new LCO limit for noble gas to be consistent with the revised TS 3.4.16 MODE 5 within 36 hours. These changes are LCO format. The site specific DEI limit of ≤ specific activity, this SR to determine E–Bar consistent with the changes made to the TS [1.0] µCi/gm and Required Action A.1 is is no longer required. 3.4.16 Applicability. The revised LCO is contained in SR 3.4.16.2. This change will 3.2 Precedent applicable throughout all of MODES 1 maintain the consistency of the proposed TS through 4 to limit the potential radiological The Technical Specifications developed for and is acceptable from a radiological dose consequences of an SGTR or MSLB that may the Westinghouse AP600 and AP1000 perspective. occur during these MODES. In MODES 5 and advanced reactor designs incorporate an LCO 3.1.6 TS 3.4.16 Condition B Revision to 6, the steam generators are not used for decay for RCS DEX activity in place of the LCO on include Action for DEX Limit heat removal, the RCS and steam generators non-iodine gross specific activity based on E– TS 3.4.16 Condition C is replaced with a are depressurized, and primary to secondary Bar. This approach was approved by the NRC new Condition B for DEX not within limits. leakage is minimal. Therefore, the monitoring for the AP600 in NUREG–1512, ‘‘Final Safety This change is made to be consistent with the of RCS specific activity during MODES 5 and Evaluation Report Related to the Certification change to the TS 3.4.16 LCO which requires 6 is not required. of the AP600 Standard Design, Docket No. the DEX specific activity to be within limits A new TS 3.4.16 Required Action C.2 52–003,’’ dated August 1998 and for the as discussed above. The DEX limit is site Completion Time of 36 hours is added for the AP1000 in the NRC letter to Westinghouse specific and the numerical value in units of plant to reach MODE 5. This Completion Electric Company dated September 13, 2004. µCi/gm is contained in revised SR 3.4.16.1. Time is reasonable, based on operating In addition the curve describing the The site specific limit of DEX µCi/gm is experience, to reach MODE 5 from full power maximum allowable iodine concentration established based on the maximum accident conditions in an orderly manner and without during the 48-hour period of elevated activity analysis RCS activity corresponding to 1% challenging plant systems and the value of 36 as a function of power level, was not fuel clad defects with sufficient margin to hours is consistent with other TS which have included in the TS approved for the AP600 accommodate the exclusion of those isotopes a Completion Time to reach MODE 5. and AP1000 advanced reactor designs.

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4.0 STATE CONSULTATION Criterion 1—The Proposed Change Does Not OVERSEAS PRIVATE INVESTMENT In accordance with the Commission’s Involve a Significant Increase in the CORPORATION regulations, the [_] State official was notified Probability or Consequences of an Accident of the proposed issuance of the amendment. Previously Evaluated Agency Information Collection The State official had [(1) no comments or (2) Reactor coolant specific activity is not an Activities: Proposed Collection; the following comments—with subsequent initiator for any accident previously Comment Request disposition by the staff]. evaluated. The Completion Time when AGENCY: Overseas Private Investment primary coolant gross activity is not within 5.0 ENVIRONMENTAL CONSIDERATION Corporation (OPIC). limit is not an initiator for any accident The amendment[s] change[s] a requirement previously evaluated. The current variable ACTION: Request for comments. with respect to the installation or use of a limit on primary coolant iodine SUMMARY: In compliance with the facility component located within the concentration is not an initiator to any Paperwork Reduction Act (44 U.S.C. restricted area as defined in 10 CFR Part 20 accident previously evaluated. As a result, or surveillance requirements. The NRC staff the proposed change does not significantly 3501 et seq.), this notice announces that has determined that the amendment involves increase the probability of an accident. The OPIC is planning to submit the no significant increase in the amounts, and proposed change will limit primary coolant following proposed Information no significant change in the types, of any noble gases to concentrations consistent with Collection Request (ICR) to the Office of effluents that may be released offsite, and the accident analyses. The proposed change Management and Budget (OMB): OPIC that there is no significant increase in to the Completion Time has no impact on the 2006 Client Satisfaction Survey. Before individual or cumulative occupational submitting the ICR to OMB for review radiation exposure. The Commission has consequences of any design basis accident since the consequences of an accident during and approval, OPIC is soliciting public previously issued a proposed finding that the comment on the client survey. amendment involves no significant hazards the extended Completion Time are the same as the consequences of an accident during Comments are being solicited on the consideration and there has been no public need for the information, its practical comment on such finding published [DATE] the Completion Time. As a result, the utility, the accuracy of the Agency’s ([ ] FR [ ]). Accordingly, the amendment consequences of any accident previously meets the eligibility criteria for categorical evaluated are not significantly increased. burden estimate, and on ways to exclusion set forth in 10 CFR 51.22(c)(9). minimize the reporting burden. The Criterion 2—The Proposed Change Does Not proposed ICR is summarized below. Pursuant to 10 CFR 51.22(b), no Create the Possibility of a New or Different environmental impact statement or Kind of Accident from any Previously DATES: All comments must be received environmental assessment need be prepared Evaluated by OPIC within 60 calendar days from in connection with the issuance of the the publication date of this Notice. amendment. The proposed change in specific activity limits does not alter any physical part of the ADDRESSES: Information regarding this 6.0 CONCLUSION plant nor does it affect any plant operating information collection request and/or a The Commission has concluded, based on parameter. The change does not create the copy of the survey questions can be the considerations discussed above, that (1) potential for a new or different kind of obtained from the Agency Submitting there is reasonable assurance that the health accident from any previously calculated. Officer below. Comments on the survey and safety of the public will not be should be submitted to the Agency Criterion 3—The Proposed Change Does Not endangered by operation in the proposed Submitting Officer. Involve a Significant Reduction in the Margin manner, (2) such activities will be conducted FOR FURTHER INFORMATION CONTACT: of Safety in compliance with the Commission’s OPIC Agency Submitting Officer: Essie regulations, and (3) the issuance of the The proposed change revises the limits on Bryant, Records Manager, Overseas amendment will not be inimical to the noble gase radioactivity in the primary Private Investment Corporation, 1100 common defense and security or to the health coolant. The proposed change is consistent New York Avenue, NW., Washington, and safety of the public. with the assumptions in the safety analyses DC 20527, telephone (202) 336–8563. and will ensure the monitored values protect Proposed No Significant Hazards SUPPLEMENTARY INFORMATION: the initial assumptions in the safety analyses. Consideration Determination Based upon the reasoning presented above Type of Request: New information Description of Amendment Request: and the previous discussion of the collection. [LICENSEE] requests adoption of an amendment request, the requested change Title: 2006 OPIC Client Satisfaction approved change to the standard technical does not involve a significant hazards Survey. specifications (STS) for Pressurized Water consideration. OMB Approval Number: None. Reactor (PWR) Plants [NUREG–1430, Frequency of Response: Once per NUREG–1431, or NUREG–1432] and the Dated at Rockville, Maryland, this llday client. [LICENSEE] technical specifications (TS), to of llll, XXXX. Type of Respondents: Individual replace the current limits on primary coolant For The Nuclear Regulatory Commission business officer representatives of U.S. gross specific activity with limits on primary Project Manager, Plant Licensing Branch companies sponsoring projects overseas. coolant noble gas activity. The noble gas [ ], Division of Operating Reactor Licensing, Respondent’s Obligation: Voluntary. activity would be based on DOSE Office of Nuclear Reactor Regulation Affected Public: U.S. companies or EQUIVALENT XE–133 and would take into citizens sponsoring projects overseas. account only the noble gas activity in the Enclosure 2—[Proposed Technical Estimated Number of Respondents: primary coolant. The changes are consistent Specification Changes and Technical 100. with NRC approved Industry/Technical Specification Bases Changes] Specification Task Force (TSTF) Standard Estimated time Per Response: 30 Technical Specification Change Traveler, Enclosure 3—[Final Technical minutes. TSTF–490. Specification and Bases Pages] Estimated Total Annual Burden: $0. Basis for proposed no-significant-hazards- [FR Doc. 06–9330 Filed 11–17–06; 8:45 am] Authority for Information Collection: consideration determination: As required by BILLING CODE 7590–01–P Sections 231 and 234 of the Foreign 10 CFR 50.91(a), an analysis of the issue of Assistance Act of 1961, as amended. no-significant-hazards-consideration is Abstract (Needs and Uses of presented below: Information Collected): OPIC is

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conducting a telephone survey of its securities law requirements and assures SECURITIES AND EXCHANGE clients to determine their satisfaction the public availability of such COMMISSION with its products and services. OPIC information. The information provided will use the survey results to develop is mandatory and all information is [Release No. 34–54741; File No. SR–Amex– strategies to improve customer service. made available to the public upon 2006–106] Comments are invited on: (1) Whether request. Schedule 14D–1F takes the proposed collection of information approximately 2 hours per response to Self-Regulatory Organizations; is necessary for the proper performance prepare and is filed by 5 respondents American Stock Exchange LLC; Notice of the functions of OPIC, including annually for a total reporting burden of of Filing of Proposed Rule Change whether the information collected will 10 hours. Relating to the Adoption of a Penny have practical utility; (2) the accuracy of Quoting Pilot Program OPIC’s estimate of the burden of the Schedule 14D–9F (17 CFR 240.14d– proposed collection of information; (3) 103) is used by any issuer incorporated November 9, 2006. or organized under the laws of Canada ways to enhance the quality, utility, and Pursuant to Section 19(b)(1) of the or any Canadian province or territory clarity of the information to be Securities Exchange Act of 1934 that is a foreign private issuer, or by any collected; and (4) ways to minimize the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 burden of the collection of information director or officer of such issuer, where notice is hereby given that on November on respondents, including automated the issuer is the subject of a cash tender 9, 2006, the American Stock Exchange collection techniques or the use of other or exchange offer for a class of securities LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with forms of information technology. filed on Schedule 14D–1F. The the Securities and Exchange Signature Date: November 8, 2006. information required to be filed with the Commission (‘‘Commission’’) the Dev Jagadesen, Commission is intended to permit proposed rule change as described in Deputy General Counsel, Department of Legal verification of compliance with the Items I, II, and III below, which Items Affairs. securities law requirements and assures have been substantially prepared by the [FR Doc. 06–9275 Filed 11–17–06; 8:45 am] the public availability of such Amex. The Commission is publishing BILLING CODE 3210–01–M information. The information provided this notice to solicit comments on the is mandatory and all information is proposed rule change from interested made available to the public upon persons. request. Schedule 14D–9F takes SECURITIES AND EXCHANGE I. Self-Regulatory Organization’s approximately 2 hours per response to COMMISSION Statement of the Terms of Substance of prepare and is filed by 5 respondents the Proposed Rule Change Submissions for OMB Review; annually for a total reporting burden of Comment Request 10 hours. The Exchange is proposing to adopt a Upon written request, copies available An agency may not conduct or six month pilot program (the ‘‘Penny from: Securities and Exchange sponsor, and a person is not required to Quoting Pilot Program’’) to quote a Commission, Office of Filings and respond to, a collection of information limited number of options classes in a Information Services, Washington, DC unless it displays a currently valid minimum price variation (‘‘MPV’’) of 20549. control number. $0.01. Extensions: Schedule 14D–1F, OMB Control Written comments regarding the The text of the proposed rule change, including Exhibit 2 (a draft Regulatory No. 3235–0376, SEC File No. 270–338. above information should be directed to Circular, which sets forth the list of the Schedule 14D–9F, OMB Control No. the following persons: (i) Desk Officer 3235–0382, SEC File No. 270–339. options classes that will be subject to for the Securities and Exchange Notice is hereby given that pursuant the proposed Penny Quoting Pilot Commission, Office of Information and Program) to the proposed rule change is to the Paperwork Reduction Act of 1995 Regulatory Affairs, Office of (44 U.S.C. 3501 et seq.) the Securities available on the Amex’s Web site at Management and Budget, Room 10102, http://www.amex.com, at the Office of and Exchange Commission New Executive Office Building, (‘‘Commission’’) has submitted to the the Secretary, the Amex, and at the Washington, DC 20503 or send an Commission’s Public Reference Room. Office of Management and Budget these e-mail to [email protected]; requests for extension of the previously and (ii) R. Corey Booth, Director/Chief II. Self-Regulatory Organization’s approved collections of information Information Officer, Securities and Statement of the Purpose of, and discussed below. Exchange Commission, c/o Shirley Statutory Basis for, the Proposed Rule Schedule 14D–1F (17 CFR 240.14d– Change 102) may be used by any person making Martinson 6432 General Green Way, a cash tender or exchange offer for Alexandria, VA 22312; or send an In its filing with the Commission, the _ securities of any issuer incorporated or e-mail to: PRA [email protected]. Amex included statements concerning organized under the laws of Canada or Comments must be submitted to OMB the purpose of and basis for the any Canadian province or territory that within 30 days of this notice. proposed rule change and discussed any is a foreign private issuer, where less Dated: November 13, 2006. comments it received on the proposed than 40% of the outstanding class of Nancy M. Morris, rule change. The text of these statements such issuer’s securities that is the may be examined at the places specified subject of the offer is held by U.S. Secretary. in Item IV below. The Exchange has holders. Schedule 14D–1F is designed [FR Doc. E6–19520 Filed 11–17–06; 8:45 am] prepared summaries, set forth in to facilitate cross-border transactions in BILLING CODE 8011–01–P Sections A, B, and C below, of the most securities of Canadian issuers. The significant aspects of such statements. information required to be filed with the Commission is intended to permit 1 15 U.S.C. 78s(b)(1). verification of compliance with the 2 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s given the system capacity constraints (far out months, etc.) while auto-quoting Statement of the Purpose of, and and concerns that exist industry-wide. the more actively traded series. Statutory Basis for, the Proposed Rule The Amex believes that once experience • Monitoring. The Amex actively Change has been gained from the proposed monitors the quotation activity of its market participants. When the Exchange 1. Purpose Penny Quoting Pilot Program, the Commission and the industry will be detects that a market participant is On June 7, 2006, Commission better able to assess the impact on disseminating significantly more quotes Chairman Cox submitted a letter (the market quality and systems capacity. than the average market participant, the ‘‘June 7th Letter’’) to each options Exchange contacts the market The Commission’s Office of Economic exchange supporting the introduction participant and alerts them to and implementation of a pilot program Analysis (‘‘OEA’’) and each potentially excessive quotation activity. for the quoting of a limited number of participating options exchange will Often such monitoring reveals that the options classes in pennies ($0.01 MPV). perform individual analysis of the market participant may have internal The Exchange, after meaningful initial pilot program options classes system issues or has incorrectly set discussion with the Commission staff, after a three (3) month interval (the system parameters. Alerting the market submits this proposed rule change for ‘‘Pilot Report’’). The Pilot Report will be participant usually leads to the market the purpose of adopting the Penny submitted to the Commission within participant to take steps to reduce the Quoting Pilot Program. thirty (30) days of the end of such three number of quotes for dissemination. Options classes are currently quoted (3) month time period. The Pilot Report • Holdback Timers. The Amex has in MPVs in nickels ($0.05) and dimes will compare quotation and trading the systematic ability to limit the ($0.10). Amex Rule 952 provides that activity in the three (3) months prior to dissemination of quotations and other the MPV for an option on a stock or ETF the Penny Quoting Pilot Program to the changes to the Amex Best Bid or Offer share is as follows: (i) For option issues first three (3) months of the Penny (‘‘ABBO’’) according to prescribed time quoted under $3 a contract, $0.05 MPV; Quoting Pilot Program as follows: (1) criteria (‘‘Holdback Timer’’). For and (ii) for option issues quoted at $3 Quotation spread, quotation size, instance, if there is a change in the price a contract or greater, $0.10 MPV. As set average daily volume and other relevant of a security underlying an option, forth in the June 7th Letter, quoting in factors; (2) the number of quotations in multiple market participants may adjust penny increments ($0.01 MPV) is the Penny Quoting Pilot Program and the price or size of their quotes. Rather expected to benefit investors by the effect on Amex system’s capacity; than disseminating each individual allowing options quotes to be expressed and (3) an assessment of trade-throughs change, the Holdback Timer permits the at better prices and options orders to be and how they were addressed. The Exchange to wait until multiple market executed at the best possible price. Exchange expects that the Pilot Report participants have adjusted their quotes Furthermore, the Exchange submits that will be the subject of further discussions and then to disseminate a new quoting in pennies would further regarding status and next steps for the quotation. This helps to prevent the enhance competition among the option industry. ‘‘flickering’’ of quotations. The Amex exchanges. proposes to codify the Holdback Timer Quote Mitigation Strategy in this rule filing. As proposed in Amex Proposed Penny Quoting Pilot Program As a condition to participation in the Rule 958A—ANTE, the Exchange will Selection of the Options Classes. The Penny Quoting Pilot Program, the utilize a Holdback Timer that delays proposed Penny Quoting Pilot Program Commission expects that each options quotation updates for no longer than will initially consist of thirteen (13) exchange provide a rational quote one (1) second. options classes. Exhibit 2 to the • mitigation strategy because of the Delisting. The Amex commits to the proposed rule change is a draft concerns regarding system capacity. The Commission that it will delist options Regulatory Circular which sets forth the Amex has in place several quote with an average daily volume (‘‘ADV’’) list of the options classes that will be of less than 25 contracts. However, it mitigation mechanisms and continues to subject to the proposed Penny Quoting has been the policy of the Amex to be evaluate its need for enhanced system Pilot Program. much more aggressive in delisting capacity and management. The Minimum Price Variations (MPVs). relatively inactive options, thereby Exchange believes that its current quote The quoting requirements in connection eliminating the quotation traffic mitigation strategies are effective as set with the Penny Quoting Pilot Program attendant to such listings. will be as follows: forth below. • MPVs of $0.01 for options with • Join Quote. The Amex, through the 2. Statutory Basis premiums of up to $3 ANTE system,3 provides that registered The Exchange believes that the • MPVs of $0.05 for options with options traders (‘‘ROTs’’) may either proposed rule change is consistent with premiums of $3 or greater except for the stream their own quotes or join the Section 6(b) of the Act,4 in general, and QQQQ options which will trade at an specialist’s disseminated quotation in furthers the objectives of Section 6(b)(5) MPV of $0.01 for all premiums. some or all of his assigned classes or of the Act,5 in particular, in that the Because quoting options in pennies series (‘‘join quote’’). In order to proposed rule change is designed to will increase quote message traffic, participate in ‘‘join quote,’’ a ROT must promote just and equitable principles of which may overwhelm certain data be physically present in the trading trade, to prevent fraudulent and systems of the options exchanges, crowd. The purpose of allowing ROTs to manipulative acts and practices, to market data vendors and securities piggyback on specialists’ quotes is remove impediments to and perfect the firms, quoting options in pennies will partly to reduce market data traffic by mechanism of a free and open market begin in a limited number of options allowing ROTs to join the specialist’s and a national market system, and, in classes. The Exchange believes that the quote in the less actively traded series general, to protect investors and the proposed introduction of a limited public interest. number of options classes that may 3 See Securities Exchange Act Release No. 49747 quote in pennies under the Penny (May 20, 2004), 69 FR 30344 (May 27, 2004) (SR– 4 15 U.S.C. 78f(b). Quoting Pilot Program is reasonable Amex–2003–89). 5 15 U.S.C. 78f(b)(5).

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B. Self-Regulatory Organization’s amendments, all written statements enforcement of an existing rule under Statement on Burden on Competition with respect to the proposed rule Section 19(b)(3)(A)(i) of the Act,3 and 4 The Exchange does not believe that change that are filed with the Rule 19b–4(f)(1) thereunder, which the proposed rule change will impose Commission, and all written renders the proposal effective upon any burden on competition that is not communications relating to the filing with the Commission. The necessary or appropriate in furtherance proposed rule change between the Commission is publishing this notice to of the purposes of the Act. Commission and any person, other than solicit comments on the proposed rule those that may be withheld from the change from interested persons. C. Self-Regulatory Organization’s public in accordance with the Statement on Comments on the provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s Proposed Rule Change Received From available for inspection and copying in Statement of the Terms of Substance of Members, Participants or Others the Commission’s Public Reference the Proposed Rule Change Written comments on the proposed Room, 100 F Street, NE., Washington, CBOE proposes to increase the class rule change were neither solicited nor DC 20549. Copies of such filing also will quoting limit in the option class received. be available for inspection and copying Research in Motion (RIMM). The text of at the principal office of the Exchange. the proposed rule change is available on III. Date of Effectiveness of the All comments received will be posted CBOE’s Web site (http:// Proposed Rule Change and Timing for without change; the Commission does www.cboe.com), at the CBOE’s Office of Commission Action not edit personal identifying the Secretary, and at the Commission’s Within 35 days of the date of information from submissions. You Public Reference Room. should submit only information that publication of this notice in the Federal II. Self-Regulatory Organization’s you wish to make available publicly. All Register or within such longer period (i) Statement of the Purpose of, and submissions should refer to File No. as the Commission may designate up to Statutory Basis for, the Proposed Rule SR–Amex–2006–106 and should be 90 days of such date if it finds such Change longer period to be appropriate and submitted on or before December 11, publishes its reasons for so finding or 2006. In its filing with the Commission, the CBOE included statements concerning (ii) as to which the Exchange consents, For the Commission, by the Division of the Commission will: Market Regulation, pursuant to delegated the purpose of, and basis for, the (A) By order approve such proposed authority.6 proposed rule change and discussed any rule change, or Nancy M. Morris, comments it received on the proposed (B) Institute proceedings to determine Secretary. rule change. The text of these statements may be examined at the places specified whether the proposed rule change [FR Doc. E6–19512 Filed 11–17–06; 8:45 am] should be disapproved. in Item IV below. The CBOE has BILLING CODE 8011–01–P prepared summaries, set forth in IV. Solicitation of Comments Sections A, B, and C below, of the most Interested persons are invited to SECURITIES AND EXCHANGE significant aspects of such statements. submit written data, views and COMMISSION A. Self-Regulatory Organization’s arguments concerning the foregoing, Statement of the Purpose of, and including whether the proposed rule [Release No. 34–54738; File No. SR–CBOE– Statutory Basis for, the Proposed Rule change is consistent with the Act. 2006–91] Change Comments may be submitted by any of Self-Regulatory Organizations; Notice the following methods: of Filing and Immediate Effectiveness 1. Purpose Electronic Comments of Proposed Rule Change by the CBOE Rule 8.3A, Maximum Number of Market Participants Quoting • Use the Commission’s Internet Chicago Board Options Exchange, Electronically per Product, establishes comment form http://www.sec.gov/ Incorporated To Increase the Class class quoting limits (‘‘CQLs’’) for each rules/sro.shtml; or Quoting Limit in the Option Class • Research in Motion class traded on the Hybrid Trading Send an e-mail to rule- 5 [email protected]. Please include File System. A CQL is the maximum November 9, 2006. number of quoters that may quote No. SR–Amex–2006–106 on the subject Pursuant to Section 19(b)(1) of the line. electronically in a given product and the Securities Exchange Act of 1934 current levels are established from 25– 1 2 Paper Comments (‘‘Act’’) and Rule 19b–4 thereunder, 40, depending on the trading activity of notice is hereby given that on November • Send paper comments in triplicate the particular product. 8, 2006, the Chicago Board Options to Nancy M. Morris, Secretary, CBOE Rule 8.3A, Interpretation .01(c) Exchange, Incorporated (‘‘CBOE’’ or provides a procedure by which the Securities and Exchange Commission, ‘‘Exchange’’) filed with the Securities 100 F Street, NE., Washington, DC President of the Exchange may increase and Exchange Commission the CQL for a particular product. In this 20549–1090. (‘‘Commission’’) the proposed rule All submissions should refer to File No. regard, the President of the Exchange change as described in Items I, II, and may increase the CQL in exceptional SR–Amex–2006–106. This file number III below, which Items have been should be included on the subject line circumstances, which are defined in the prepared by the CBOE. The Exchange rule to include ‘‘ * * * substantial if e-mail is used. To help the has designated this proposal as one Commission process and review your trading volume, whether actual or constituting a stated policy, practice, or expected.’’ 6 The effect of an increase in comments more efficiently, please use interpretation with respect to the only one method. The Commission will meaning, administration, or 3 15 U.S.C. 78s(b)(3)(A)(i). post all comments on the Commission’s 4 17 CFR 240.19b–4(f)(1). Internet Web site at http://www.sec.gov/ 6 17 CFR 200.30–3(a)(12). 5 See CBOE Rule 8.3A.01. rules/sro.shtml. Copies of the 1 15 U.S.C. 78s(b)(1). 6 ‘‘Any actions taken by the President of the submission, all subsequent 2 17 CFR 240.19b–4. Exchange pursuant to this paragraph will be

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the CQL is procompetitive in that it meaning, administration, or Number SR–CBOE–2006–91 and should increases the number of market enforcement of an existing rule. be submitted on or before December 11, participants that may quote At any time within 60 days of the 2006. electronically in a product. The purpose filing of the proposed rule change, the For the Commission, by the Division of of this filing is to increase the CQL in Commission may summarily abrogate Market Regulation, pursuant to delegated the option class Research in Motion such rule change if it appears to the authority.11 (RIMM) from its current limit of 40 to Commission that such action is Nancy M. Morris, 42. necessary or appropriate in the public Secretary. interest, for the protection of investors, RIMM is one of the most active equity [FR Doc. E6–19518 Filed 11–17–06; 8:45 am] or otherwise in furtherance of the option classes traded on the Exchange, BILLING CODE 8011–01–P and consistently ranks among the top purposes of the Act. classes in national average daily trading IV. Solicitation of Comments SECURITIES AND EXCHANGE volume. Increasing the CQL in RIMM Interested persons are invited to COMMISSION options will enable the Exchange to submit written data, views, and enhance the liquidity offered, thereby arguments concerning the foregoing, [Release No. 34–54742; File No. SR–NASD– offering deeper and more liquid including whether the proposed rule 2006–122] markets. change is consistent with the Act. Self-Regulatory Organizations; 2. Statutory Basis Comments may be submitted by any of the following methods: National Association of Securities The Exchange believes the proposed Dealers, Inc.; Notice of Filing and rule change is consistent with the Act Electronic Comments Immediate Effectiveness of Proposed and the rules and regulations under the • Use the Commission’s Internet Rule Change To Modify Pricing for Act applicable to a national securities comment form (http://www.sec.gov/ NASD Members Using ITS/CAES, Brut, exchange and, in particular, the rules/sro.shtml); or and Inet 7 • Send an e-mail to rule- requirements of Section 6(b) of the Act. November 13, 2006. Specifically, the Exchange believes the [email protected]. Please include File Number SR–CBOE–2006–91 on the Pursuant to Section 19(b)(1) of the proposed rule change is consistent with Securities Exchange Act of 1934 8 subject line. the Section 6(b)(5) requirements that (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 the rules of an exchange be designed to Paper Comments notice is hereby given that on November promote just and equitable principles of • 1, 2006, the National Association of trade, to prevent fraudulent and Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities Dealers, Inc. (‘‘NASD’’), manipulative acts and, in general, to through its subsidiary, The Nasdaq protect investors and the public interest. Securities and Exchange Commission, 100 F Street, NE., Washington, DC Stock Market, Inc. (‘‘Nasdaq’’), filed B. Self-Regulatory Organization’s 20549–1090. with the Securities and Exchange Statement on Burden on Competition All submissions should refer to File Commission (‘‘Commission’’) the Number SR–CBOE–2006–91. This file proposed rule change as described in CBOE does not believe that the Items I, II, and III below, which Items proposed rule change will impose any number should be included on the subject line if e-mail is used. To help the have been substantially prepared by burden on competition that is not Nasdaq. Nasdaq filed the proposed rule necessary or appropriate in furtherance Commission process and review your comments more efficiently, please use change pursuant to Section of the purposes of the Exchange Act. 3 only one method. The Commission will 19(b)(3)(A)(ii) of the Act, and Rule 4 C. Self-Regulatory Organization’s post all comments on the Commission’s 19b–4(f)(2) thereunder, which renders Statement on Comments on the Internet Web site (http://www.sec.gov/ the proposal effective upon filing with Proposed Rule Change Received From rules/sro.shtml). Copies of the the Commission. The Commission is Members, Participants, or Others submission, all subsequent publishing this notice to solicit amendments, all written statements comments on the proposed rule change The Exchange neither received nor with respect to the proposed rule from interested persons. solicited written comments on the change that are filed with the proposal. I. Self-Regulatory Organization’s Commission, and all written Statement of the Terms of Substance of III. Date of Effectiveness of the communications relating to the the Proposed Rule Change proposed rule change between the Proposed Rule Change and Timing for Nasdaq proposes to modify the Commission and any person, other than Commission Action pricing for NASD members using the those that may be withheld from the ITS/CAES System and the Brut and Inet The foregoing proposed rule change public in accordance with the facilities (collectively, the ‘‘Nasdaq will take effect upon filing with the provisions of 5 U.S.C. 552, will be Facilities’’). Nasdaq states that it will Commission pursuant to Section available for inspection and copying in 9 implement this rule change on 19(b)(3)(A)(i) of the Act and Rule 19b– the Commission’s Public Reference 10 November 1, 2006. As indicated in the 4(f)(1) thereunder, because it Room. Copies of such filing also will be rule text, portions of the rule change constitutes a stated policy, practice, or available for inspection and copying at would be in effect on a pilot basis, interpretation with respect to the the principal office of the CBOE. All beginning November 1, 2006 and comments received will be posted continuing through November 30, 2006. submitted to the SEC in a rule filing pursuant to without change; the Commission does Section 19(b)(3)(A) of the Exchange Act.’’ CBOE Rule 8.3A.01(c). not edit personal identifying 11 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78f(b). information from submissions. You 1 15 U.S.C. 78s(b)(1). 8 15 U.S.C. 78f(b)(5). should submit only information that 2 17 CFR 240.19b–4. 9 15 U.S.C. 78s(b)(3)(A)(i). you wish to make available publicly. All 3 15 U.S.C. 78s(b)(3)(A)(ii). 10 17 CFR 240.19b–4(f)(1). submissions should refer to File 4 17 CFR 240.19b–4(f)(2).

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The text of the proposed rule change is routing services of the ITS/CAES respectively, of The NASDAQ Stock set forth below. Proposed new language System, Brut, and Inet (the ‘‘Nasdaq Market LLC. For purposes of is in italics; proposed deletions are in Facilities’’) by members for all determining a member’s volume in all [brackets].5 Exchange-Traded Funds that are not securities under Rule 7010(i), the term 7010. System Services listed on The NASDAQ Stock Market ‘‘Nasdaq Facilities’’ shall also be LLC. The term ‘‘Exchange-Traded deemed to include the member’s (a)–(h) No change. Funds’’ shall mean Portfolio Depository volume in Nasdaq-listed securities (i) ITS/CAES System, Brut, and Inet Order Execution and Routing Receipts, Index Fund Shares, and Trust through the facilities of The NASDAQ (1) The following charges shall apply Issued Receipts as such terms are Stock Market LLC. to the use of the order execution and defined in Rule 4420(i), (j), and (l),

ORDER EXECUTION

Order that accesses the Quote/Order of a market participant that does not charge an access fee to market participants accessing its Quotes/Orders through the Nasdaq Facilities: Charge to member entering order: Members with an average daily volume through the Nasdaq Facilities $0.0028 per share executed (or, in the case of executions against in all securities during the month of (i) more than 30 million shares of Quotes/Orders at less than $1.00 per share, 0.1% of the total trans- liquidity provided, and (ii) more than 50 million shares of liquidity action cost). accessed and/or routed; or members with an average daily volume through the Nasdaq Facilities in all securities during the month of (i) More than 20 million shares of liquidity provided, and (ii) more than 60 million shares of liquidity accessed and/or routed. Other members ...... $0.0030 per share executed (or, in the case of executions against Quotes/Orders at less than $1.00 per share, 0.1% of the total trans- action cost). Credit to member providing liquidity: Members with an average daily volume through the Nasdaq Facilities $0.0025 per share executed (or $0, in the case of executions against in all securities during the month of more than 30 million shares of li- Quotes/Orders at less than $1.00 per share). quidity provided. Other members ...... $0.0020 per share executed (or $0, in the case of executions against Quotes/Orders at less than $1.00 per share). Order that accesses the Quote/Order of a market participant that charges an access fee to market participants accessing its Quotes/ Orders through the Nasdaq Facilities: Charge to member entering order: Members with an average daily volume through the Nasdaq Facilities $0.001 per share executed (but no more than $10,000 per month). in all securities during the month of more than 500,000 shares of li- quidity provided. Other members ...... $0.001 per share executed.

ORDER ROUTING FOR EXCHANGE-TRADED FUNDS NOT LISTED ON NASDAQ

Order routed to the New York Stock Exchange (‘‘NYSE’’) [through its See [DOT] NYSE fee schedule in Rule 7010(i)(7). DOT system]. [Any other order entered by a member that is routed outside of the [$0.004 per share executed]. Nasdaq Facilities and that does not attempt to execute in the Nasdaq Facilities prior to routing]. Order routed to the American Stock Exchange (‘‘Amex’’) [after attempt- $0.003 per share executed (plus, in the case of orders charged a fee ing to execute in the Nasdaq Facilities]. by the Amex specialist, $0.01 per share executed). [Order routed through the Intermarket Trading System (‘‘ITS’’) to NYSE [$0.0028 per share executed]. Arca after attempting to execute in the Nasdaq Facilities]. [Any other order routed through the Intermarket Trading System (‘‘ITS’’) [$0.0007 per share executed]. after attempting to execute in the Nasdaq Facilities]. [Any]All other orders [routed after attempting to execute in the Nasdaq $0.003 per share executed. Facilities].

(2)–(5) No change. routing services of the Nasdaq Facilities other than Exchange-Traded Funds (6) Except as provided in paragraph by members for securities subject to the (‘‘Covered Securities’’): (7), the following charges shall apply to Consolidated Quotations Service and the use of the order execution and Consolidated Tape Association plans

5 Nasdaq states that changes are marked to the amended on an immediately effective basis by File Act Release No. 54695 (November 2, 2006), 71 FR rule text that appears in the electronic NASD No. SR–NASD–2006–116. See Securities Exchange 65862 (November 9, 2006). Manual found at http://www.nasd.com, as further

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ORDER EXECUTION

Order that accesses the Quote/Order of a Nasdaq Facility market participant: Charge to member entering order: [$0.0007 per share executed] On or after December 1, 2006 ...... $0.0007 per share executed. For a pilot period during the month of November 2006: Members with an average daily volume through the Nasdaq Facilities in Covered $0.0007 per share executed. Securities during the month of (i) more than 100,000 shares of liquidity pro- vided, and (ii) more than 100,000 shares of liquidity accessed and/or routed. Members with an average daily volume through the Nasdaq Facilities in Covered $0.001 per share executed. Securities during the month of (i) between 50,000 and 100,000 shares of liquid- ity provided, and (ii) between 50,000 and 100,000 shares of liquidity accessed and/or routed. Other members ...... $0.0015 per share executed. Credit to member providing liquidity for a Covered Security listed on NYSE and $0.0007 per share executed. The NASDAQ Stock Market LLC: Credit to a member providing liquidity for other Covered Securities: Members with an average daily volume through the Nasdaq Facilities in Covered $0.0005 per share executed. Securities during the month of more than 5 million shares of liquidity accessed, provided, or routed. Members with an average daily volume through the Nasdaq Facilities in Covered $0.0006 per share executed. Securities during the month of 10 million or more shares of liquidity provided. Other members ...... No credit.

ORDER ROUTING

Order routed to Amex ...... $[0.003]$0.0028 per share executed (plus, in the case of orders charged a fee by the Amex specialist, $0.01 per share executed). Order routed to NYSE ...... See [DOT] NYSE fee schedule in Rule 7010(i)(7). [Order routed to NYSE Arca] All other orders ...... $0.0028 per share executed. [Order for NYSE-listed Covered Security routed to venue other than the [$0.001 per share executed] NYSE, Amex, or NYSE Arca]. [Order for Covered Security listed on venue other than the NYSE and [$0.003 per share executed] routed to venue other than Amex, NYSE, or NYSE Arca]. [Order routed through the ITS to NYSE Arca] ...... [$0.0028 per share executed] [Any other order routed through the ITS] ...... [$0.0007 per share executed]

(7) The following charges shall apply members for routing to the NYSE securities, including Exchange-Traded to the use of the Nasdaq Facilities by [through its DOT system] for all Funds:

Order charged a fee by the NYSE specialist ...... $0.01 per share executed. Order that attempts to execute in the Nasdaq Facilities prior to routing $0.0002 per share executed (but no more than $[60,000] 25,000 per and that is not charged a fee by the NYSE specialist or that is routed month). to NYSE via ITS. Order that does not attempt to execute in the Nasdaq Facilities prior to $0.0003 per share executed (but no more than $[100,000] 75,000 per routing and that is not charged a fee by the NYSE specialist. month).

(8) No change. A. Self-Regulatory Organization’s impose fees of approximately $0.003 per (j)–(v) No change. Statement of the Purpose of, and share for orders routed to them. Statutory Basis for, the Proposed Rule * * * * * These fee changes have created a Change pricing structure for trading securities II. Self-Regulatory Organization’s 1. Purpose listed on the New York Stock Exchange Statement of the Purpose of, and (‘‘NYSE’’) that is in a state of flux, Statutory Basis for, the Proposed Rule Nasdaq is proposing several changes characterized by dramatic differences in Change to its price schedule for routing and fees for effectively the same services. execution of orders in non-Nasdaq For example, the markets listed above In its filing with the Commission, exchange-listed securities. The changes charge 28 or 30 cents per 100 shares for Nasdaq included statements concerning are in response to fees being imposed by accessing liquidity, while the NYSE the purpose of and basis for the other trading venues on orders routed charges 2.5 cents per 100 shares (less if proposed rule change and discussed any directly through Nasdaq Execution the firm’s total fees reach a $750,000 per comments it received on the proposed Services, LLC (Nasdaq’s broker-dealer month cap), and Nasdaq currently rule change. The text of these statements subsidiary) and through the Intermarket charges 7 cents per 100 shares. may be examined at the places specified Trading System (‘‘ITS’’). Several Furthermore, while several markets in Item IV below. Nasdaq has prepared rebate approximately 20 cents per 100 markets, including NYSE Arca, the summaries, set forth in Sections A, B, shares for providing liquidity, Nasdaq Boston Stock Exchange, the National and C below, of the most significant either provides no rebate, or rebates Stock Exchange, and the Chicago Stock aspects of such statements. only 5 or 6 cents per 100 shares; the Exchange, have announced or begun to NYSE, by contrast, charges 2.5 cents per

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100 shares. Nasdaq believes that the liquidity per day and access and/or should be noted that recent fee increases market will find an equilibrium pricing route an average of less than 50,000 by that venue clearly had a disparate structure, because the disparities listed shares of liquidity per day in non- impact on Nasdaq Execution Services above are unstable due to the Nasdaq securities through the Nasdaq and other market participants that do interconnectivity of the market. In order Facilities during the month. In addition, not charge customers high to transition to a more stable fee Nasdaq is introducing an intermediate commissions—in the case of Nasdaq structure, Nasdaq is proposing several pricing tier of $0.001 per share executed Execution Services, increasing monthly fee changes. These changes should be for members to access liquidity when charges to route orders to the NYSE viewed in light of the dramatic those members provide an average of from an average of $3,620 per month disparities in pricing listed above. between 50,000 shares and 100,000 during the six months prior to the fee For orders in non-Nasdaq-listed shares of liquidity per day and access increase to $750,000 per month, an exchange-traded funds (‘‘ETFs’’) routed and/or route an average of between increase of 20,600 percent. In addition, to venues other than the NYSE, Nasdaq 50,000 shares and 100,000 shares of Nasdaq and others routing orders to the is proposing to eliminate current liquidity per day.6 Because this change NYSE must often pay unfiled specialist specific fees for orders routed through is made on a pilot basis, Nasdaq states charges of $0.01 per share for many ITS or that route without checking the that it will the review affect of the price orders that they route to the NYSE. books of the Nasdaq Facilities, and is change and determine whether to Nevertheless, the NYSE’s filed rate for instituting a flat fee of $0.003 per share submit an additional filing regarding transactions of $0.00025 per share executed (plus $0.01 per share in the these fees by December 1, 2006. executed, coupled with its new monthly case of orders charged a fee by an Although the Nasdaq Facilities have fee cap of $750,000 per month, results American Stock Exchange (‘‘Amex’’) enjoyed substantial growth in the share in dramatically lower average execution specialist). Thus, fees would be reduced of non-Nasdaq-listed stocks that they fees for large participants in its market. for orders that do not attempt to execute executed over the past year, many For example, a firm with an average prior to routing, would be increased for members that use the Nasdaq Facilities daily volume of 300 million shares per orders routed through ITS, and would still do so only on a minimal basis. In day during October 2006 would pay an remain unchanged for all other routed fact, if the new fees had been in place average per share charge of $0.000114, ETF orders. in September 2006, a higher rate would less than half the per share rate paid by For orders in non-Nasdaq-listed have applied to over 84% of the firms firms not reaching the cap. In contrast securities other than ETFs that are trading non-Nasdaq securities through to the NYSE’s steep discount, however, routed to venues other than the NYSE, the Nasdaq Facilities. By setting the which serves simply to reduce the Nasdaq is proposing to eliminate thresholds for lower rates at the modest relative fees of its largest customers, current specific fees that differentiate levels of 50,000 and 100,000 shares per Nasdaq’s change is designed specifically among orders based on a security’s day, Nasdaq hopes to encourage all of to encourage use of the Nasdaq system listing market and/or the order’s these firms to rethink their routing and that enhances market quality and destination market and instituting a flat quoting practices, in lieu of reflexively thereby benefits investors choosing to fee of $0.0028 per share executed (plus sending their orders to just one market. enter orders into Nasdaq. $0.01 per share in the case of orders Nasdaq believes that incentives aimed at charged a fee by an Amex specialist). As encouraging a modest level of use by a 2. Statutory Basis a result, fees would remain unchanged broader number of members would for orders routed to NYSE Arca, would further enhance the quality of Nasdaq Nasdaq believes that the proposed decrease slightly for orders routed to rule change is consistent with the markets for trading these securities. 7 Amex and for orders in non-NYSE-listed Nasdaq believes that the fee would provisions of Section 15A of the Act, in securities routed to regional exchanges result in overall monthly fees and general, and with Section 15A(b)(5) of 8 or ECNs, and would increase for orders rebates with respect to accessing and the Act, in particular, in that it in NYSE-listed securities routed to providing liquidity through Nasdaq that provides for the equitable allocation of regional exchanges or ECNs and for are significantly lower than fees and reasonable dues, fees and other charges orders routed through ITS. rebates on other venues. For example, a among members and issuers and other For orders in all securities routed to market participant providing no persons using any facility or system the NYSE for execution, Nasdaq is liquidity would pay $0.0015 per share which the NASD operates or controls. proposing to institute a decrease (from accessed and receive no rebate; under Nasdaq states that the proposed rule $0.0007 to $0.0002 per share executed) pricing recently introduced by NYSE change would put lower caps on fees to for orders routed through the ITS, and Arca, a market participant providing no route orders to the NYSE, thereby would apply to these charges the same liquidity would pay twice as much— reducing charges to members that make monthly fee cap that applies to orders $0.003 per share accessed—and receive substantial use of Nasdaq’s routing routed through NYSE’s DOT system no rebate. facilities. Nasdaq states that the after checking the books of the Nasdaq Although the absence of liquidity proposal also imposes more uniform Facilities. Moreover, Nasdaq would provider credits on the NYSE itself charges for routing to other venues. reduce this monthly cap from $60,000 to makes comparison more difficult, it Finally, Nasdaq states that the proposed $25,000. Nasdaq is also reducing the change introduces a higher fee for monthly fee cap for DOT orders that do 6 Nasdaq would continue to charge $0.0007 per accessing Nasdaq Facility liquidity in not check the Nasdaq Facilities’ books, share executed for all other members to access cases where a market participant’s use from $100,000 to $75,000. liquidity (i.e., when those members provide an of the Nasdaq Facilities does not meet average of more than 100,000 shares of liquidity per Finally, to encourage firms to utilize day and access and/or route an average of more certain minimal thresholds. Nasdaq Nasdaq in non-Nasdaq-listed securities, than 100,000 shares of liquidity per day). believes that this change is consistent Nasdaq is proposing to introduce a Telephone conversation among John Yetter, Senior with an equitable allocation of fees higher pricing tier of $0.0015 per share Associate General Counsel, Nasdaq, David Liu, because lower overall fees are charged Special Counsel, Division of Market Regulation executed for members to access (‘‘Division’’), Commission, and Theodore Venuti, liquidity when those members provide Attorney, Division, Commission, on November 8, 7 15 U.S.C. 78o–3. an average of less than 50,000 shares of 2006. 8 15 U.S.C. 78o–3(b)(5).

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to market participant that enhance the self-regulatory organization. submissions should refer to File No. market quality by providing liquidity. Accordingly, the proposal is effective SR–NASD–2006–122 and should be upon Commission receipt of the filing. B. Self-Regulatory Organization’s submitted on or before December 11, At any time within 60 days of the filing Statement on Burden on Competition 2006. of the proposed rule change, the Nasdaq does not believe that the Commission may summarily abrogate For the Commission, by the Division of proposed rule change will result in any Market Regulation, pursuant to delegated such rule change if it appears to the 11 burden on competition that is not Commission that such action is authority. necessary or appropriate in furtherance necessary or appropriate in the public Nancy M. Morris, of the purposes of the Act. In particular, interest, for the protection of investors, Secretary. Nasdaq does not believe that the or otherwise in furtherance of the [FR Doc. E6–19516 Filed 11–17–06; 8:45 am] proposed change to fees to access purposes of the Act. BILLING CODE 8011–01–P liquidity in non-Nasdaq securities through the Nasdaq Facilities would IV. Solicitation of Comments impose a burden on competition by Interested persons are invited to SECURITIES AND EXCHANGE other markets that route orders to the submit written data, views, and COMMISSION Nasdaq Facilities for execution. First, as arguments concerning the foregoing, discussed in greater detail above, including whether the proposed rule [Release No. 34–54715A; File No. SR– Nasdaq’s fees applicable to members change is consistent with the Act. NASD–2006–108] accessing substantially more liquidity Comments may be submitted by any of the following methods: than they provide are one-half of NYSE Self-Regulatory Organizations; Arca’s, while NYSE Arca provides Electronic Comments National Association of Securities greater rebates to liquidity providers. • Dealers, Inc.; Order Approving a Thus, to the extent that NYSE Arca, for Use the Commission’s Internet Proposed Rule Change and Notice of example, routes only marketable orders comment form (http://www.sec.gov/ rules/sro.shtml); or Filing and Order Granting Accelerated to Nasdaq, it would receive more • beneficial pricing than it offers under Send an e-mail to rule- Approval of Amendment No. 1 to a similar circumstances. Second, it should [email protected]. Please include File Proposed Rule Change Relating to an be noted that status as an execution No. SR–NASD–2006–122 on the subject NASD Trade Reporting Facility venue does not equate to acting solely line. Established in Conjunction With the as a liquidity accessor with respect to Paper Comments National Stock Exchange, Inc.; Corrrection other markets. Through its Nasdaq • Send paper comments in triplicate Execution Services broker-dealer, to Nancy M. Morris, Secretary, November 14, 2006. Nasdaq provides substantial liquidity on Securities and Exchange Commission, the floor of the NYSE, because Nasdaq Station Place, 100 F Street, NE., In FR Doc. No. E6–19167, beginning views this as a valuable service that can Washington, DC 20549–1090. on page 66354 for Tuesday, November be offered to its members. Thus, if the 14, 2006, the last sentence in part IV on All submissions should refer to File No. NYSE had a comparable fee structure in SR–NASD–2006–122. This file number page 66359 contained an error. The place, Nasdaq would easily qualify for should be included on the subject line sentence refers incorrectly to Section a reduced rate when accessing liquidity if e-mail is used. To help the 6(b)(5) of the Act rather than Section at that venue. Finally, the change is Commission process and review your 15A(b)(6) of the Act. Accordingly, the broad in its application, in that it comments more efficiently, please use sentence should be revised to read as currently would apply to over 84% of only one method. The Commission will follows: firms trading non-Nasdaq securities post all comments on the Commission’s ‘‘Accordingly, the Commission finds through the Nasdaq Facilities, all of Internet Web site (http://www.sec.gov/ which are equally eligible to increase that it is consistent with Sections rules/sro.shtml). Copies of the their use of the Nasdaq Facilities in 15A(b)(6) and 19(b) of the Act to submission, all subsequent Nasdaq in order to qualify for more approve Amendment No. 1 on an amendments, all written statements favorable pricing. accelerated basis.’’ with respect to the proposed rule C. Self-Regulatory Organization’s change that are filed with the For the Commission, by the Division of Commission, and all written Market Regulation, pursuant to delegated Statement on Comments on the 1 Proposed Rule Change Received From communications relating to the authority. Members, Participants, or Others proposed rule change between the Nancy M. Morris, Written comments were neither Commission and any person, other than Secretary. solicited nor received. those that may be withheld from the [FR Doc. E6–19537 Filed 11–17–06; 8:45 am] public in accordance with the BILLING CODE 8011–01–P III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for available for inspection and copying in Commission Action the Commission’s Public Reference The foregoing rule change is subject to Room. Copies of such filing will also be Section 19(b)(3)(A)(ii) of the Act 9 and available for inspection and copying at subparagraph (f)(2) of Rule 19b–4 the principal office of the NASD. All thereunder 10 because it establishes or comments received will be posted changes a due, fee, or other charge without change; the Commission does applicable only to a member imposed by not edit personal identifying information from submissions. You 9 15 U.S.C. 78s(b)(3)(A)(ii). should submit only information that 11 17 CFR 200.30–3(a)(12). 10 17 CFR 240.19b–4(f)(2). you wish to make available publicly. All 1 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE a hyperlink to NASD’s Web site. that will be affected by this COMMISSION According to the NASD, many broker- requirement.12 dealers refer to their membership in In Amendment No. 2, NASD [Release No. 34–54740; File No. SR–NASD– responded to the concerns raised by the 2006–073] NASD on their internet Web sites, often in a description of the firm or in an commenters and amended the rule text. Self-Regulatory Organizations; ‘‘about us’’ section. The proposed rule In response to the FSI Letter regarding National Association of Securities change would require a firm, when the definition of the term ‘‘most Dealers, Inc.; Order Approving referencing NASD membership on its prominent,’’ NASD removed the Proposed Rule Change and Web site, to include an accompanying requirement to place the hyperlink at Amendment No. 1 Thereto and Notice hyperlink to NASD’s internet home the ‘‘most prominent indication of of Filing and Order Granting page. The proposed rule change also NASD membership.’’ Instead, members Accelerated Approval To Amendment would apply to an internet Web site will be allowed to place the hyperlink No. 2 To Amend NASD Interpretive relating to a firm’s investment banking at any reference that is reasonably Material 2210–4 To Require Certain or securities business that is maintained designed to draw the public’s attention Member Firms to Provide a Hyperlink by or on behalf of any person associated to NASD membership. With this change, to the NASD’s Internet Home Page with the firm.6 The proposed rule NASD clarified that a firm subject to the change would not create an proposed rule would be able to choose November 9, 2006. independent obligation for a firm (or where to place a hyperlink to NASD’s I. Introduction persons associated with a firm where Web site, provided that the hyperlink is applicable) to state that the firm is an in close proximity to a reference to On June 8, 2006, the National NASD member on its internet Web site. NASD membership that is reasonably Association of Securities Dealers, Inc. The proposed rule change would apply designed to draw the public’s attention (‘‘NASD’’) filed with the Securities and only to the extent that a firm or a person to the fact that the firm is a member of Exchange Commission (‘‘SEC’’ or associated with a firm chooses to NASD. ‘‘Commission’’) a proposed rule change, represent on its Web site that the firm In response to the NPH Letter, NASD pursuant to Section 19(b)(1) of the is a member of NASD.7 explained that ‘‘a legend that denotes Securities Exchange Act of 1934 that a firm is a member of NASD, would (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 to III. Summary of Comments and NASD impose an obligation to provide a amend NASD Interpretive Material Response hyperlink.’’ That stated, the NASD 2210–4 to require certain member firms The Commission received three reaffirmed that a firm would only need to provide a hyperlink to the NASD’s comment letters on the proposed rule to provide one hyperlink on its Web internet home page. NASD filed change: two were generally in favor of site.13 Additionally, in response to the Amendment No. 1 to the proposed rule the proposal in its current form; one request in the NPH Letter for more time change on June 26, 2006.3 The proposed stated the requirement constitutes to implement the proposed rule change, rule change, as amended, was published ‘‘overkill.’’ 8 Specifically, one the NASD stated that based on feedback for comment in the Federal Register on commenter stated that the failure to it received from several member July 6, 2006.4 The Commission received define the term ‘‘most prominent’’ is committees, the 180 days should three comments on the proposal, as likely to lead to differing interpretations provide sufficient time for amended.5 On August 30, 2006, the and confusion.9 A second commenter implementation of the proposed rule NASD filed Amendment No. 2 to amend requested clarification regarding the change. the filing and respond to the comment extent of the requirement to include a Finally, in response to the Lincoln letters. This order grants accelerated hyperlink to the NASD’s Internet home Letter, NASD stated that the commenter approval of the proposed rule change, as page.10 They suggested that the language appears to have misunderstood the amended by Amendment No. 2 and of the SIPC standard be used in the requirements of the proposed rule solicits comments from interested NASD interpretation in order to avoid change as a member would not be persons on Amendment No. 2. confusion.11 The commenter also required to provide more than one 14 II. Description of Proposed Rule Change expressed concern over the effective hyperlink to the NASD’s Web site. date for compliance, requesting that the NASD proposes to amend NASD IV. Discussion and Commission time frame for compliance be increased Interpretive Material (‘‘IM’’) 2210–4 to Findings from 180 days to 360 days due to the require a member firm or a person tremendous number of active Web sites The Commission has reviewed the associated with a member firm that proposed rule change, comment letters, refers, on its Internet Web site, to the 6 This requirement is intended to capture, among and NASD’s response and finds that the firm’s membership in NASD to provide other things, situations where a person associated proposed rule change, as amended, is with an NASD member firm maintains his own consistent with the requirements of the 1 15 U.S.C. 78s(b)(1). internet Web site or ‘‘home page’’ that relates to a Act and the rules and regulations 2 17 CFR 240.19b–4. member’s investment banking or securities thereunder applicable to a national business. For example, NASD understands that 3 Amendment No. 1 replaced and superseded the securities association.15 In particular, original rule filing in its entirety. independent contractors or their firms sometimes maintain a separate home page for each the Commission finds the proposed rule 4 See Securities Exchange Act Release No. 54058 independent contractor for marketing purposes. (June 28, 2006), 71 FR 38439 (SR–NASD–2006– 7 073)(‘‘Notice’’). The proposed rule change is similar to a rule 12 Id. adopted by the Securities Investor Protection 5 See letters to Nancy M. Morris, Secretary, 13 NASD stated that the hyperlink requirement Corporation (‘‘SIPC’’), which requires that its Commission, from Dale Brown, CEO, Financial would not apply to references to NASD members provide a live hyperlink to SIPC’s Web Services Institute, dated July 27, 2006 (‘‘FSI Letter’’) membership in disclosure documents or other site, http://www.SIPC.org, when referring to and from Aimee Blinder, Vice President, offering documents linked to the member firm’s membership in SIPC. See Article 11, Section 4 of Compliance, National Planning Holdings, Inc., Web site. SIPC Bylaws. dated July 27, 2006 (‘‘NPH Letter’’). See letter filed 14 See footnote 5 in the Notice, supra note 4. 8 via the Commission’s Web Comment Form, from See Lincoln letter. 15 In approving this proposed rule change the Phyllis Hawkins, Compliance Advisor, Lincoln 9 See FSI letter. Commission has considered the proposed rule’s Investment Planning, Inc., dated July 27, 2006 10 See NPH letter. impact on efficiency, competition, and capital (‘‘Lincoln Letter’’). 11 Id. formation. See 15 U.S.C. 78c(f).

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change, as amended, is consistent with those that may be withheld from the SECURITIES AND EXCHANGE Section 15A of the Act.16 Specifically, public in accordance with the COMMISSION the Commission finds the proposal to be provisions of 5 U.S.C. 552, will be consistent with the provisions of available for inspection and copying in [Release No. 34–54737; File No. SR–NSCC– 17 Sections 15A(b)(6) of the Act, which the Commission’s Public Reference 2006–10] requires, among other things, that NASD Room. Copies of the filing also will be rules must be designed to prevent available for inspection and copying at Self-Regulatory Organizations; fraudulent and manipulative acts and the principal office of the NASD. All National Securities Clearing practices, to promote just and equitable comments received will be posted Corporation; Notice of Filing and principles of trade, and, in general, to without change; the Commission does Immediate Effectiveness of Proposed protect investors and the public interest. not edit personal identifying Rule Change Relating to Clarifying and The Commission believes that the information from submissions. You Technical Changes to NSCC’s Rules modifications to the proposed rule Regarding ACATS Fund/SERV change that NASD made in response to should submit only information that you wish to make available publicly. All issues raised by commenters should November 9, 2006. provide sufficient guidance to allow submissions should refer to File members to satisfy the requirements of Number SR–NASD–2006–073 and Pursuant to Section 19(b)(1) of the the rule. Moreover, the Commission should be submitted on or before Securities Exchange Act of 1934 believes that facilitating investor access December 11, 2006. (‘‘Act’’),1 notice is hereby given that on September 29, 2006, the National to NASD’s Web site should lead to VI. Accelerated Approval of Filing as Securities Clearing Corporation better educated and informed investors. Amended by Amendment No. 2 (‘‘NSCC’’) filed with the Securities and V. Solicitation of Comments Concerning Exchange Commission (‘‘Commission’’) Amendment No. 2 The Commission finds good cause for approving the filing, as modified by the proposed rule change described in Interested persons are invited to Amendment No. 2 to the proposed rule Items I, II, and III below, which items submit written data, views, and change, on an accelerated basis. have been prepared primarily by NSCC. arguments concerning Amendment No. Amendment No. 2 modifies the NSCC filed the proposed rule change 2, including whether Amendment No. 2 proposal in response to issues raised by pursuant to Section 19(b)(3)(A)(i) of the to the proposed rule change is Act 2 and Rule 19b–4(f)(1) thereunder 3 consistent with the Act. Comments may the commenters. Because Amendment No. 2 raises no novel issues, and so that the proposal was effective upon be submitted by any of the following filing with the Commission. The methods: provides improvements to the proposed rule change in direct response to issues Commission is publishing this notice to Electronic Comments raised by the commenters, the solicit comments on the proposed rule • Use the Commission’s Internet Commission finds good cause for change from interested parties. comment form (http://www.sec.gov/ approving Amendment No. 2 before the I. Self-Regulatory Organization’s rules/sro.shtml); or 30th day after its publication in the Statement of the Terms of Substance of • Send an e-mail to rule- Federal Register. the Proposed Rule Change [email protected]. Please include File VII. Conclusion Number SR–NASD–2006–073 on the The proposed rule change would subject line. It is therefore ordered, pursuant to make clarifying and technical changes Paper Comments Section 19(b)(2) of the Act,18 that the to NSCC’s Rules principally as they relate to funds which are eligible for • Send paper comments in triplicate proposed rule change (SR–NASD–2006– to Nancy M. Morris, Secretary, 073), as amended by Amendment No. 2, processing on Fund/Serv, NSCC’s Securities and Exchange Commission, is approved on an accelerated basis. mutual fund processing system. 100 F Street, NE., Washington, DC For the Commission, by the Division of II. Self-Regulatory Organization’s 20549–1090. Market Regulation, pursuant to delegated Statement of the Purpose of, and All submissions should refer to File authority.19 Statutory Basis for, the Proposed Rule Number SR–NASD–2006–073. This file Nancy M. Morris, Change number should be included on the Secretary. subject line if e-mail is used. To help the In its filing with the Commission, [FR Doc. E6–19546 Filed 11–17–06; 8:45 am] Commission process and review your NSCC included statements concerning comments more efficiently, please use BILLING CODE 8011–01–P the purpose of and basis for the only one method. The Commission will proposed rule change and discussed any post all comments on the Commission’s comments it received on the proposed Internet Web site (http://www.sec.gov/ rule change. The text of these statements rules/sro.shtml). Copies of the may be examined at the places specified submission, all subsequent in Item IV below. NSCC has prepared amendments, all written statements summaries, set forth in sections (A), (B), with respect to the proposed rule and (C) below, of the most significant change that are filed with the aspects of these statements.4 Commission, and all written communications relating to the proposed rule change between the 1 15 U.S.C. 78s(b)(1). Commission and any person, other than 2 15 U.S.C. 78s(b)(3)(A)(i). 3 17 CFR 240.19b–4(f)(1). 16 15 U.S.C. 78o–3. 18 15 U.S.C. 78s(b)(2). 4 The Commission has modified the text of the 17 15 U.S.C. 78o–3(b)(6). 19 17 CFR 200.30–3(a)(12). summaries prepared by NSCC.

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(A) Self-Regulatory Organization’s Agent. In instances where an Agent has Comments may be submitted by any of Statement of the Purpose of, and been appointed by a member and has the following methods: Statutory Basis for, the Proposed Rule been indicated on input received by Change NSCC, NSCC will replace the member’s Electronic Comments The purpose of the proposed rule information (i.e., clearing number and • Use the Commission’s Internet change is to make a technical member name) on registration/transfer comment form (http://www.sec.gov/ clarification to NSCC’s Rules regarding instructions transmitted to the relevant rules/sro.shtml) or mutual fund with those of the Agent. the appointment of ACATS-Fund/SERV • Conversely, on acknowledgements or Send an e-mail to rule- Agents. On May 30, 2005, NSCC filed [email protected]. Please include File with the Commission proposed rule instructions from the relevant mutual Number SR–NSCC–2006–10 on the change SR–NSCC–2006–06.5 That rule fund, NSCC will replace the Agent’s subject line. change, which was effective upon filing, clearing number and member name with modified NSCC’s Rules to enhance the those of the member’s. Paper Comments Automated Customer Account Transfer As the proposed rule change makes a Service (‘‘ACATS’’) processing technical clarification to an existing • Send paper comments in triplicate capabilities for NSCC members that NSCC rule, it constitutes a stated to Nancy M. Morris, Secretary, outsource some or all of their mutual interpretation with respect to the Securities and Exchange Commission, fund processing services. To meaning of an existing rule and is 100 F Street, NE., Washington, DC accommodate these members, NSCC therefore consistent with Section 17A of 20549–1090. the Act and the rules and regulations modified Section 16 of Rule 52, ‘‘Mutual All submissions should refer to File thereunder. Fund Services—ACAT/Transfers,’’ to Number SR–NSCC–2006–10. This file permit one NSCC member to appoint (B) Self-Regulatory Organization’s number should be included on the another NSCC member (or Mutual Statement on Burden on Competition subject line if e-mail is used. To help the Fund/Insurance Services member) as its Commission process and review your ACATS-Fund/SERV Agent (‘‘Agent’’) NSCC does not believe that the proposed rule change will have any comments more efficiently, please use with regard to the reregistration of only one method. The Commission will eligible mutual fund assets that are part impact or impose any burden on competition. post all comments on the Commission’s of a customer account transfer through Internet Web site (http://www.sec.gov/ ACATS. (C) Self-Regulatory Organization’s rules/sro.shtml). Copies of the In its original filing NSCC cited the Statement on Comments on the submission, all subsequent processing flow of a standard ACATS Proposed Rule Change Received From amendments, all written statements transfer involving an Agent using a Members, Participants, or Others receiving member as a processing with respect to the proposed rule example. However, in a customer Written comments relating to the change that are filed with the account transfer the NSCC member may proposed rule change have not yet been Commission, and all written be either a receiving member or a solicited or received. NSCC will notify communications relating to the delivering member. This filing seeks to the Commission of any written proposed rule change between the clarify that when a member appoints an comments received by NSCC. Commission and any person, other than Agent, such processing applies whether III. Date of Effectiveness of the those that may be withheld from the the member is receiving accounts/assets Proposed Rule Change and Timing for public in accordance with the or delivering accounts/assets. Section 16 Commission Action provisions of 5 U.S.C. 552, will be of Rule 52 will be modified to reflect available for inspection and copying in The foregoing rule change has become the Commission’s Public Reference this. effective upon filing pursuant to Section As previously stated, an Agent must Section, 100 F Street, NE., Washington, 19(b)(3)(A)(i) of the Act 6 and Rule 19b– be either an NSCC member or NSCC DC 20549. Copies of such filing also will 4(f)(1) 7 thereunder because the Mutual Fund/Insurance Services be available for inspection and copying proposed rule constitutes a stated member. An Agent may act on behalf of at the principal office of NSCC and on policy, practice, or interpretation with multiple NSCC members, but a member NSCC’s Web site at http:// respect to the meaning, administration, may designate only one Agent. www.nscc.com. All comments received or enforcement of an existing rule. At A member must notify NSCC of its will be posted without change; the any time within sixty days of the filing designation of Agent in such form and Commission does not edit personal of such rule change, the Commission within such time frame as is acceptable identifying information from to NSCC, and the Agent must may summarily abrogate such rule change if it appears to the Commission submissions. You should submit only acknowledge to NSCC its consent to this information that you wish to make designation. The member and its Agent that such action is necessary or appropriate in the public interest, for available publicly. All submissions will acknowledge to NSCC that the should refer to File Number SR–NSCC– NSCC member shall at all times the protection of investors, or otherwise in furtherance of the purposes of the 2006–10 and should be submitted on or continue to be responsible for all before December 11, 2006. provisions of NSCC’s Rules, specifically Act. For the Commission by the Division of with regard to ACATS and ACATS- IV. Solicitation of Comments Fund/SERV transactions, including any Market Regulation, pursuant to delegated Interested persons are invited to authority.8 and all actions taken by its Agent. submit written data, views, and NSCC will maintain a relationship Nancy M. Morris, arguments concerning the foregoing, table of those members that designate an Secretary. including whether the proposed rule [FR Doc. E6–19517 Filed 11–17–06; 8:45 am] 5 change is consistent with the Act. Securities Exchange Act Release Nos. 54163 BILLING CODE 8011–01–P (July 17, 2006), 71 FR 41852 (July 24, 2006) and 54163A (July 28, 2006), 71 FR 44067 (August 3, 6 15 U.S.C. 78s(b)(3)(A)(i). 2006). 7 17 CFR 240.19b–4(f)(1). 8 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s COMMISSION Statement of the Purpose of, and Statement on Comments on the Statutory Basis for, the Proposed Rule Proposed Rule Change Received From [Release No. 34–54743; File No. SR–NYSE– Change Members, Participants or Others 2006–91] 1. Purpose The Exchange has neither solicited nor received written comments on the Self-Regulatory Organizations; New The Exchange affords its customers proposed rule change. York Stock Exchange LLC; Notice of the ability to execute two order types Filing and Immediate Effectiveness of specific to the close. These orders are III. Date of Effectiveness of the Proposed Rule Change Relating to the market-at-the-close order (‘‘MOC’’) Proposed Rule Change and Timing for Commission Action Rule 116 (‘‘Stop’’ Constitutes and the limit-at-the-close order (‘‘LOC’’). Guarantee) A MOC order is a market order, which The Exchange has filed the proposed is to be executed in its entirety at the rule change pursuant to Section November 13, 2006. closing price on the Exchange of the 19(b)(3)(A) of the Act 8 and stock named in the order, and if not so Pursuant to Section 19(b)(1) of the subparagraph (f)(6) of Rule 19b–4 executed, is to be treated as cancelled. thereunder.9 Because the foregoing Securities Exchange Act of 1934 A LOC order is a limit order, which may 1 2 proposed rule change (i) does not (‘‘Act’’) and Rule 19b–4 thereunder, or may not receive execution on the notice is hereby given that on October significantly affect the protection of close depending on the closing price investors or the public interest; (ii) does 19, 2006, the New York Stock Exchange and depth of contra-side interest. LLC (‘‘Exchange’’ or ‘‘NYSE’’) filed with not impose any significant burden on Rule 116.40 provides the procedures competition; and (iii) does not become the Securities and Exchange for handling MOC orders. These operative for 30 days from the date on Commission (‘‘Commission’’) the procedures describe the manner in which it was filed, or such shorter time proposed rule change as described in which MOC orders should be paired off as the Commission may designate, if Items I and II below, which Items have and executed. It also explains how any consistent with the protection of been prepared by the Exchange. The order imbalance should be handled. investors and the public interest, the Exchange has designated this proposal The Exchange interprets Rule 116.40 proposed rule change has become as non-controversial under Section to apply to LOC orders; however, this is effective pursuant to Section 19(b)(3)(A) 19(b)(3)(A)(iii) of the Act 3 and Rule not specifically stated in the Rule’s text. of the Act and Rule 19b–4(f)(6)(iii) 19b–4(f)(6) thereunder,4 which renders Through this filing, the Exchange thereunder.10 the proposed rule change effective upon proposes to add the phrase ‘‘and At any time within 60 days of the filing with the Commission. The marketable limit-at-the-close’’ to Rule filing of the proposed rule change, the Commission is publishing this notice to 116.40, to remove any ambiguity. Commission may summarily abrogate solicit comments on the proposed rule In this context, ‘‘marketable’’ refers to such rule change if it appears to the change from interested persons. the LOC’s limit price within the context Commission that such action is of the Exchange closing price. necessary or appropriate in the public I. Self-Regulatory Organization’s The proposed amendments are interest, for the protection of investors, Statement of the Terms of Substance of contained in Exhibit 5 attached to the or otherwise in furtherance of the the Proposed Rule Change Exchange’s filing. Rule 116.40 is also purposes of the Act. the subject of an open filing 5 pending The Exchange proposes to amend IV. Solicitation of Comments Exchange Rule 116.40 to clarify that before the Commission. Text being Interested persons are invited to market-at-the-close procedures include added pursuant to SR–NYSE–2006–65 is denoted by double underscoring in submit written data, views, and marketable limit-at-the-close orders. Exhibit 5. arguments concerning the foregoing, II. Self-Regulatory Organization’s including whether the proposed rule 2. Statutory Basis Statement of the Purpose of, and change is consistent with the Act. Statutory Basis for, the Proposed Rule The basis under the Act 6 for this Comments may be submitted by any of Change proposed rule change is the requirement the following methods: 7 under Section 6(b)(5) that an exchange Electronic Comments In its filing with the Commission, the have rules that are designed to promote self-regulatory organization included just and equitable principles of trade, to • Use the Commission’s Internet statements concerning the purpose of remove impediments to and perfect the comment form (http://www.sec.gov/ and basis for the proposed rule change. mechanism of a free and open market rules/sro.shtml); or • The text of these statements may be and a national market system and, in Send an e-mail to rule- examined at the places specified in Item general, to protect investors and the [email protected]. Please include File IV below. The self-regulatory public interest. No. SR–NYSE–2006–91 on the subject line. organization has prepared summaries, B. Self-Regulatory Organization’s set forth in sections A, B, and C below, Statement on Burden on Competition Paper Comments of the most significant aspects of such • Send paper comments in triplicate statements. The Exchange does not believe that the proposed rule change will impose to Nancy M. Morris, Secretary, any burden on competition that is not Securities and Exchange Commission, necessary or appropriate in furtherance of the purposes of the Act. 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1). 10 The Exchange provided written notice to the 2 17 CFR 240.19b–4. 5 SR–NYSE–2006–65 (filed on August 23, 2006). Commission of its intent to file the proposed rule 3 15 U.S.C. 78s(b)(3)(A)(iii). 6 15 U.S.C. 78a. change at least five business days prior to filing, as 4 17 CFR 240.19b–4(f)(6). 7 15 U.S.C. 78f(b)(5). required by Rule 19b–4(f)(6)(iii).

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100 F Street, NE., Washington, DC notice is hereby given that on November The Exchange states that under its 20549–1090. 7, 2006, the Philadelphia Stock current payment for order flow program, All submissions should refer to File Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) any available payment for order flow Number SR–NYSE–2006–91. This file filed with the Securities and Exchange funds are disbursed by the Exchange number should be included on the Commission (‘‘Commission’’) the according to the instructions of the subject line if e-mail is used. To help the proposed rule change as described in specialist units and Directed ROTs. A Commission process and review your Items I, II, and III below, which Items specialist unit or Directed ROT must comments more efficiently, please use have been prepared by the Exchange. certify to the Exchange that payment for only one method. The Commission will The Phlx has designated this proposal order flow funds directed by either of post all comments on the Commissions as one changing a fee imposed by the them to be paid to Order Flow Providers Internet Web site (http://www.sec.gov/ Phlx under Section 19(b)(3)(A)(ii) of the reflect payment arrangements entered rules/sro.shtml). Copies of the Act 3 and Rule 19b–4(f)(2) thereunder,4 into by the specialist unit or Directed submission, all subsequent which renders the proposal effective ROT and the Order Flow Provider. The amendments, all written statements upon filing with the Commission. The term ‘‘Order Flow Provider’’ is defined with respect to the proposed rule Commission is publishing this notice to as any member or member organization change that are filed with the solicit comments on the proposed rule that submits, as agent, customer orders Commission, and all written change from interested persons. to the Exchange.9 The Exchange states that in addition communications relating to the I. Self-Regulatory Organization’s to the Order Flow Providers defined proposed rule change between the Statement of the Terms of Substance of above, there are additional order flow Commission and any person, other than the Proposed Rule Change those that may be withheld from the providers who are not members or public in accordance with the The Phlx proposes to clarify, in member organizations of the Exchange connection with the Exchange’s who also route orders to the Exchange, provisions of 5 U.S.C. 552, will be 5 available for inspection and copying in payment for order flow program, who but do so through a member or member the Commission’s Public Reference may receive payment for order flow organization. In these situations, the funds that are assessed by the Exchange Exchange proposes to clarify that the Room. Copies of such filing also will be 6 available for inspection and copying at on members and member organizations specialist unit or Directed ROT may the principal office of the Exchange. All and are disbursed, as described in detail instruct the Exchange to direct payment below, based on the instructions of the to these order flow providers, in the comments received will be posted 7 8 without change; the Commission does specialist units and Directed ROTs. same way that is done for Order Flow not edit personal identifying Providers, if they have entered into 3 15 U.S.C. 78s(b)(3)(A)(ii). payment arrangements with a specialist information from submissions. You 4 17 CFR 240.19b–4(f)(2). unit or Directed ROT to send order flow should submit only information that 5 The Exchange’s payment for order flow program you wish to make available publicly. All is currently in effect until May 27, 2007. See to the Exchange. Thus, specialist units submissions should refer to File Securities Exchange Act Release No. 53841 (May and Directed ROTs may instruct the Number SR–NYSE–2006–91 and should 19, 2006), 71 FR 30461 (May 26, 2006) (SR–Phlx– Exchange to direct payment for order 2006–33). flow funds to order flow providers who be submitted on or before December 11, 6 The Exchange states that, specifically, the 2006. payment for order flow fee is assessed on are members, non-members, member organizations, or non-member For the Commission, by the Division of specialists/specialist units and Directed Registered Market Regulation, pursuant to delegated Options Traders (‘‘Directed ROTs’’) who participate organizations, provided, the in the Exchange’s payment for order flow program, authority.11 requirements relating to certification, as and Registered Options Traders (‘‘ROTs’’). described above, have been met. The Nancy M. Morris, 7 The Exchange states that it uses the terms Exchange notes that such order flow Secretary. ‘‘specialist’’ and ‘‘specialist unit’’ interchangeably herein. providers may arrange for the member [FR Doc. E6–19547 Filed 11–17–06; 8:45 am] 8 The Exchange states that Directed ROTs are organizations through which they route BILLING CODE 8011–01–P either Streaming Quote Traders (‘‘SQTs’’) or Remote orders (referred to as ‘‘Order Flow Streaming Quote Traders (‘‘RSQTs’’) that receive Directed Orders. An SQT is an Exchange ROT who Providers’’ in this proposal) to receive their payment for order flow payments SECURITIES AND EXCHANGE has received permission from the Exchange to generate and submit option quotations and forward those funds to such non- COMMISSION electronically through an electronic interface with member order flow provider. Although [Release No. 34–54746; File No. SR–Phlx– AUTOM via an Exchange approved proprietary electronic quoting device in eligible options to order flow providers may do this, many 2006–71] which such SQT is assigned. AUTOM is the have chosen to receive payments Exchange’s electronic order delivery, routing, directly, such that this proposal seeks to Self-Regulatory Organizations; execution, and reporting system, which provides for codify that practice. Philadelphia Stock Exchange, Inc.; the automatic entry and routing of equity option It is the Exchange’s understanding Notice of Filing and Immediate and index option orders to the Exchange trading floor. See Exchange Rules 1014(b)(ii) and 1080). An that the arrangement to disburse Effectiveness of Proposed Rule RSQT is an Exchange ROT that is a member or payment for order flow funds to non- Change Relating To Clarifying Its member organization of the Exchange with no member payment for order flow Payment for Order Flow Program as It physical trading floor presence who has received providers, in the same way that it is Relates to Order Flow Providers permission from the Exchange to generate and submit option quotations electronically through The Exchange states that the term ‘‘Directed Order’’ November 14, 2006. AUTOM in eligible options to which such RSQT has been assigned. An RSQT may only submit such means any customer order to buy or sell, which has Pursuant to Section 19(b)(1) of the quotations electronically from off the floor of the been directed to a particular specialist, RSQT, or Securities Exchange Act of 1934 Exchange. An RSQT may only trade in a market ‘‘SQT’’ by an Order Flow Provider (defined below). (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 making capacity in classes of options in which he The provisions of Phlx Rule 1080(l) are in effect for is assigned. See Exchange Rule 1014(b)(ii)(B). See a one-year pilot period to expire on May 27, 2007. Securities Exchange Act Release Nos. 51126 See Securities Exchange Act Release No. 53870 11 17 CFR 200.30–3(a)(12). (February 2, 2005), 70 FR 6915 (February 9, 2005) (May 25, 2006), 71 FR 31251 (June 1, 2006) (SR– 1 15 U.S.C. 78s(b)(1). (SR–Phlx–2004–90) and 51428 (March 24, 2005), 70 Phlx–2006–27). 2 17 CFR 240.19b–4. FR 16325 (March 30, 2005) (SR–Phlx–2005–12). 9 See Exchange Rule 1080(l).

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done for Order Flow Providers (who are effect as a pilot program that is direction of, the specialist units or members or member organizations of scheduled to expire on May 27, 2007. Directed ROTs. the Exchange), is not unacceptable to * * * Any excess payment for order Currently, the term ‘‘Order Flow the Order Flow Providers. To codify this flow funds billed but not utilized by the Provider’’ is defined in Exchange Rule practice, the Exchange intends to amend specialist or Directed ROT will be 1080(l) as any member or member its certification form to require that the carried forward unless the Directed ROT organization that submits, as agent, specialists and Directed ROTs that or specialist elects to have those funds customer orders to the Exchange. The request payment for order flow funds rebated to the applicable ROT, Directed Exchange represents that it is not certify, if applicable, that payments sent ROT or specialist on a pro rata basis, seeking to change the definition as set directly to a non-member payment for reflected as a credit on the monthly forth in Exchange Rule 1080(l). As described above, the Exchange merely order flow provider is not unacceptable invoices. At the end of each calendar intends to clarify that in addition to the to the Order Flow Provider through quarter, the Exchange will calculate the defined term of Order Flow Provider, whom the orders are routed. amount of excess funds from the order flow providers may include non- In addition, consistent with current previous quarter and subsequently members or non-member organizations practice, Directed ROTs and specialists rebate excess funds on a pro-rata basis that submit, as agent, customer orders to who request that payments be made to to the applicable ROT, Directed ROT or the Exchange through a member or order floor providers would be required specialist who paid into that pool of member organization. The Exchange is to make, keep current, and preserve all funds. books and records relating to payment not changing any other aspect of its for order flow arrangements.10 * * * * * payment for order flow program Below is the text of the proposed rule II. Self-Regulatory Organization’s pursuant to this filing. The Exchange change. Proposed additions are Statement of the Purpose of, and states that the payment for order flow italicized. Statutory Basis for, the Proposed Rule fee would continue to be assessed on Change Exchange members, specifically Summary of Equity Option Charges specialists and Directed ROTs who (p. 3/6) In its filing with the Commission, the participate in the Exchange’s payment * * * * * Phlx included statements concerning for order flow program, in addition to ROTs. Equity Option Payment for Order Flow the purpose of and basis for the Fees* proposed rule change and discussed any 2. Statutory Basis comments it received on the proposed (1) For trades resulting from either rule change. The text of these statements The Exchange believes that its Directed or non-Directed Orders that are may be examined at the places specified proposal is consistent with Section 6(b) 12 delivered electronically and executed in Item IV below. The Phlx has prepared of the Act in general, and furthers the on the Exchange: Assessed on ROTs, summaries, set forth in Sections A, B, objectives of Sections 6(b)(4) and 6(b)(5) 13 specialists and Directed ROTs on those and C below, of the most significant of the Act in particular, in that it is trades when the specialist unit or aspects of such statements. an equitable allocation of reasonable Directed ROT elects to participate in the dues, fees, and other charges among payment for order flow program.* * * A. Self-Regulatory Organization’s Exchange members or other persons (2) No payment for order flow fees Statement of the Purpose of, and using the Exchange’s facilities 14 and is will be assessed on trades that are not Statutory Basis for, the Proposed Rule designed to promote just and equitable delivered electronically. Change principles of trade, to remove impediments to and perfect the 1. Purpose Per contract mechanism of a free and open market The Exchange states that the purpose and a national market system, and, in QQQQ (NASDAQ–100 Index general to protect investors and the Tracking Stock SM) ...... $0.75 of amending the definition of Order 11 public interest, by acknowledging that Remaining Equity Options .... 0.70 Flow Providers as set forth in the Exchange’s payment for order flow not all order flow providers are members of Phlx, but nonetheless See Appendix A for additional fees. program is to clarify that the available payment for order flow funds that are otherwise qualify to have payment for *Assessed on transactions resulting order flow funds, which are assessed on from customer orders and are available disbursed by the Exchange according to instructions of the specialist units and Exchange members and member to be disbursed by the Exchange organizations, directed to them at the according to the instructions of the Directed ROTs to Order Flow Providers, may include order flow providers that direction of the specialist unit or specialist units/specialists or Directed Directed ROT. ROTs to order flow providers who are are not members or member members or member organizations, who organizations of the Exchange. B. Self-Regulatory Organization’s submit, as agent, customer orders to the Consistent with the Exchange’s current Statement on Burden on Competition payment for order flow program, the Exchange or non-members or non- The Exchange does not believe that Exchange would not be involved in the member organizations who submit, as the proposed rule change will impose determination of the terms governing agent, customer orders to the Exchange any burden on competition that is not through a member or member the orders that qualify for payment or the amount of any payment. The organization who is acting as agent for 12 15 U.S.C. 78f(b). Exchange states that it would merely be those customer orders. This proposal 13 15 U.S.C. 78f(b)(4)–(5). will be in effect for trades settling on or providing administrative support for the 14 As stated above, the Exchange notes that the after October 1, 2005 and will remain in payment for order flow program by payment for order flow fee is only assessed on making the payment for order flow Exchange members or member organizations. payments on behalf of, and at the However, a specialist unit or Directed ROT may 10 See Exchange Rule 760, Maintenance, instruct the Exchange to direct the funds collected Retention and Furnishing of Books, Records, and from this fee to an order flow provider (a non- Other Information. 11 See Exchange Rule 1080(l). member/member organization of the Exchange).

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necessary or appropriate in furtherance submission, all subsequent Madison Drive, 14th and 15th Streets, of the purposes of the Act. amendments, all written statements NW. on the National Mall in with respect to the proposed rule Washington, DC. A public meeting will C. Self-Regulatory Organization’s change that are filed with the be conducted to ensure that all Statement on Comments on the Commission, and all written significant issues related to construction Proposed Rule Change Received From communications relating to the and operation of the proposed museum Members, Participants, or Others proposed rule change between the are identified. No written comments were either Commission and any person, other than SUPPLEMENTARY INFORMATION: Public solicited or received. those that may be withheld from the Law 108–184, the National Museum of III. Date of Effectiveness of the public in accordance with the African American History and Culture provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for Act enacted by the Congress of the available for inspection and copying in Commission Action United States on December 16, 2003, the Commission’s Public Reference (the Act) established a museum within The foregoing proposed rule change Room. Copies of such filing also will be the Smithsonian Institution to be known has been designated as a fee change available for inspection and copying at as the National Museum of African pursuant to Section 19(b)(3)(A)(ii) of the the principal office of the Phlx. All American History and Culture. It Act 15 and Rule 19b–4(f)(2) 16 comments received will be posted recognizes that such a museum ‘‘would thereunder, because it establishes or without change; the Commission does be dedicated to the collection, changes a due, fee, or other charge not edit personal identifying preservation, research, and exhibition of imposed by the Exchange. Accordingly, information from submissions. You African American historical and the proposal will take effect upon filing should submit only information that cultural materials reflecting the breadth with the Commission. At any time you wish to make available publicly. All and depth of the experience of within 60 days of the filing of such submissions should refer to File individuals of African descent living in proposed rule change the Commission Number SR–Phlx–2006–71 and should the United States.’’ may summarily abrogate such rule be submitted on or before December 11, Section 8 of the Act, ‘‘Building for the change if it appears to the Commission 2006. National Museum of African American that such action is necessary or For the Commission, by the Division of History and Culture,’’ directs the appropriate in the public interest, for Market Regulation, pursuant to delegated Smithsonian Board of Regents to select the protection of investors, or otherwise 17 authority. one site among four in Washington, DC in furtherance of the purposes of the Nancy M. Morris, for the construction of the museum. The Act. Secretary. sites identified are the Arts and IV. Solicitation of Comments [FR Doc. E6–19548 Filed 11–17–06; 8:45 am] Industries Building; the area bounded Interested persons are invited to BILLING CODE 8011–01–P by Constitution Avenue, Madison Drive, submit written data, views, and 14th, and 15th Streets, NW., now arguments concerning the foregoing, commonly known as the Monument including whether the proposed rule SMITHSONIAN INSTITUTION site; the Liberty Loan site located on change is consistent with the Act. 14th Street, SW. at the foot of the 14th Intent To Prepare an Environmental Street Bridge; and the Banneker Comments may be submitted by any of Impact Statement for Proposed the following methods: Overlook site, located on 10th Street, Construction of the Smithsonian SW. at the foot of the L’Enfant Plaza Electronic Comments National Museum of African American Promenade. After undertaking a site History and Culture • Use the Commission’s Internet evaluation study that analyzed site- comment form (http://www.sec.gov/ AGENCY: Smithsonian Institution (SI), specific characteristics and evaluated rules/sro.shtml); or National Capital Planning Commission minimum and maximum build • Send an e-mail to rule- (NCPC). scenarios at each site, as well as a process of consultation with parties [email protected]. Please include File ACTION: Notice. Number SR–Phlx–2006–71 on the specified in the legislation, the Board of subject line. SUMMARY: Pursuant to section 102(2)(c) Regents of the Smithsonian Institution of the National Environmental Policy voted to select the Monument site. The Paper Comments Act (NEPA) of 1969, as implemented by decision was announced on January 30, • Send paper comments in triplicate the Council on Environmental Quality 2006. to Nancy M. Morris, Secretary, (40 CFR parts 1500–1509), and in The identity and description of the Securities and Exchange Commission, accordance with the Environmental action to be addressed in this EIS derive 100 F Street, NE., Washington, DC Policies and Procedures implemented primarily from the language of Public 20549–1090. by the National Capital Planning Law 180–184, its legislative history, and All submissions should refer to File Commission, the SI and NCPC the studies by the ‘‘National Museum of Number SR–Phlx–2006–71. This file announce their intent, as Joint-Lead African American History and Culture number should be included on the Agencies, to prepare an environmental Plan for Action Presidential subject line if e-mail is used. To help the impact statement (EIS) to assess the Commission’’ that led to its enactment. Commission process and review your potential effects of constructing and With regard to the scope of the action, comments more efficiently, please use operating the National Museum of much information on the potential size, only one method. The Commission will African American History and Culture configuration, and siting of a museum post all comments on the Commission’s (NMAAHC) within the Smithsonian facility at the Monument site was Internet Web site (http://www.sec.gov/ Institution. The Museum will be located presented in the Phase II Site Evaluation rules/sro.shtml). Copies of the on a 217,800 square foot (SF) or 5 acre Study of November 15, 2005, for the use site bounded by Constitution Avenue, of the Smithsonian Regents in their 15 15 U.S.C. 78s(b)(3)(A)(ii). selection of the site. Graphics included 16 17 CFR 240.19b–4(f)(2). 17 17 CFR 200.30–3(a)(12). in this study showed the potential in

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terms of massing and placement of a comments must be postmarked or Statutory debarment is based solely museum facility on the candidate sites. received on the Web site by January 5, upon conviction in a criminal Although they were conceptual and 2007. proceeding, conducted by a United only intended for site selection FOR FURTHER INFORMATION CONTACT: Jane States Court, and as such the purposes, they are a point of departure Passman, Senior Facilities Planner, administrative debarment procedures for this study and the range of Smithsonian Institution, Office of outlined in Part 128 of the ITAR are not alternatives evaluated in this EIS. Facilities Engineering and Operations, applicable. The potential range of alternatives PO Box 37012, 750 9th Street, NW., The period for debarment will be that will be evaluated in the EIS Suite 5200 MRC 908, Washington, DC determined by the Assistant Secretary includes the no action or no build 20013–7012; Phone: 202–275–0234; for Political-Military Affairs based on alternative and a range of build Fax: 202–275–0889. the underlying nature of the violations, alternatives derived from the site but will generally be for three years evaluation study that will include a John E. Huerta, from the date of conviction. At the end minimum build-out at approximately General Counsel, Smithsonian Institution. of the debarment period, export 350,000 gross square feet (GSF), a [FR Doc. E6–19496 Filed 11–17–06; 8:45 am] privileges may be reinstated only at the middle range build-out at approximately BILLING CODE 8030–03–P request of the debarred person followed 415,000 GSF, and a maximum build-out by the necessary interagency that would not exceed approximately consultations, after a thorough review of 804,000 GSF. Each alternative the circumstances surrounding the description will identify the number of DEPARTMENT OF STATE conviction, and a finding that levels above and below ground, general appropriate steps have been taken to [Public Notice 5617] massing, and site setbacks. The mitigate any law enforcement concerns, Presidential Commission identified Bureau of Political-Military Affairs; as required by Section 38(g)(4) of the 350,000 GSF as the preliminary program Statutory Debarment Under the Arms AECA. Unless export privileges are space requirements for the museum. Export Control Act and the reinstated, however, the person remains Thus, it was used as the baseline or International Traffic in Arms debarred. ‘‘point of departure’’ for the maximum Regulations Department of State policy permits and minimum build scenarios debarred persons to apply to the developed in the site evaluation study. ACTION: Notice. Director, Office of Defense Trade As part of the scoping process, other Controls Compliance, for reinstatement alternatives may be identified that merit SUMMARY: Notice is hereby given that beginning one year after the date of the further investigation. persons convicted of violating or debarment, in accordance with Section Topics for environmental analysis conspiring to violate Section 38 of the 38(g)(4) of the AECA. Any decision to will be further defined during scoping Arms Export Control Act, as amended, grant reinstatement can be made only activities with the public and agencies (‘‘AECA’’) (22 U.S.C. 2778) are after the statutory requirements under but will include topics such as historic statutorily debarred pursuant to Section Section 38(g)(4) of the AECA have been resources, archeology, visual resources, 38(g)(4) of the AECA and Section satisfied. transportation, public utilities, land use, 127.7(c) of the International Traffic in Exceptions, also known as transaction social and economic issues, and Arms Regulations (‘‘ITAR’’) (22 CFR exceptions, may be made to this physical and biological resources such parts 120 to 130). debarment determination on a case-by- base basis at the discretion of the as air, geology, and groundwater. DATES: Effective Date: Date of conviction Public Scoping Meeting and as specified for each person. Assistant Secretary of State for Political- Comments: The Smithsonian Institution Military Affairs, after consulting with and the National Capital Planning FOR FURTHER INFORMATION CONTACT: the appropriate U.S. agencies. However, Commission will solicit public David Trimble, Director, Office of such an exception would be granted comments for consideration and Defense Trade Controls Compliance, only after a full review of all possible incorporation in the Draft EIS Bureau of Political-Military Affairs, circumstances, paying particular through public scoping, including a Department of State (202) 663–2700. attention to the following factors: scoping meeting, on the proposed SUPPLEMENTARY INFORMATION: Section whether an exception is warranted by museum building at the Monument site. 38(g)(4) of the AECA, 22 U.S.C. overriding U.S. foreign policy or Notice of the public meeting will be 2778(g)(4), prohibits the Department of national security interests; whether an publicized in local newspapers and State from issuing licenses or other exception would further law through other sources. To ensure that all approvals for the export of defense enforcement concerns that are issues related to this action are articles or defense services to be issued consistent with the foreign policy or addressed and all significant issues are where the applicant or any party to the national security interests of the United identified early in the process, export, has been convicted of violating States; or whether other compelling comments are invited in writing and certain statutes, including the AECA. In circumstances exist that are consistent orally from all interested and/or implementing this provision, Section with the foreign policy or national potentially affected parties. These 127.7 of the ITAR provides for security interests of the United States, comments may be provided at the ‘‘statutory debarment’’ of any person and that do not conflict with law public meeting or provided in writing to who has been convicted of violating or enforcement concerns. Even if Jill Cavanaugh at the Louis Berger conspiring to violate the AECA. Persons exceptions are granted, the debarment Group, Inc., 2300 N Street, NW., #800, subject to statutory debarment are continues until subsequent Washington, DC 20037 (until December prohibited from participating directly or reinstatement. 15, 2006) and to 2445 M Street, NW., indirectly in the export of defense Pursuant to Section 38(g)(4) of the 4th Floor, Washington, DC 20037–1445 articles, including technical data, or in AECA and Section 127.7(c) of the ITAR, (after December 15, 2006). Comments the furnishing of defense services for the following persons are statutorily will also be collected at http:// which a license or other approval is debarred following the date of their www.nmaahc-eis.com. All public required. AECA conviction:

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(1) Victor Moscoso, July 26, 2002, U.S. (18) Kal Nelson Aviation, Inc., August Key Dates District Court, Southern District of 9, 2006, U.S. District Court, Central, Application Deadline: February 2, Florida (Miami), Case #: 01–966–CR– District of California, Case # CR05–1158. 2007. SEITZ/001. (19) Ko-Suen Moo, July 24, 2006, U.S. Executive Summary: The Office of (2) Romolo Martinez, February 5, District Court, Southern District of, Global Educational Programs of the 2004, U.S. District Court, Southern Florida, Case # 06–200006–CR– Bureau of Educational and Cultural District of Florida (Miami), Case #: 1:02– GRAHAM. Affairs announces an open competition 20923–001–CR–MOORE. (20) Michael P. Murphy Surplus to administer the Benjamin A. Gilman (3) Stephen Jorgensen, January 15, Materials Inc., May 16, 2006, U.S. International Scholarship Program. 2001, U.S. District Court, Southern District, Court, Southern District of Public and private non-profit District of Florida (Miami), Case #: California, Case # 06CR0209–BTM. organizations meeting the provisions 1:00CR00998–001. As noted above, at the end of the (4) Gerald Morey, August 11, 2003, described in Internal Revenue Code three-year period following the date of section 26 U.S.C. 501(c)(3) may submit U.S. District Court, Southern District of conviction, the above named persons/ Florida (Miami), Case #: 1:02–20923– proposals for the purpose of entities remain debarred unless export administering a scholarship program for 001–CR–MOORE. privileges are reinstated. (5) Ziad Jamil Gammoh (a.k.a. Al academic study by Americans outside Debarred persons are generally the United States. Gammoh; a.k.a. Jamil Gammoh; a.k.a. ineligible to participate in activity Ziad Al Gammoh; a.k.a. Ziad Al J regulated under the ITAR (see e.g., Funding Opportunity Description Gammoh; a.k.a. Ziad Jamil Salem, sections 120.1(c) and (d), 127.1(c) and Gammoh; a.k.a. Ziad Al J Gammon; Authority 127.11(a)). Also, under Section 127.1(c) a.k.a. Ziad Al Jamil; a.k.a, Al Jamil of the ITAR, any person who has Overall grant making authority for Ziad), November 7, 2005, U.S. District knowledge that an other persons is this program is contained in the Mutual Court, Central District of California, subject to debarment or is otherwise Educational and Cultural Exchange Act Case #: SA CR04–97 DOC. of 1961, as amended, Public Law 87– (6) Naji Antoine Abi Khalil, February ineligible may not, without disclosure to and written approve from the 256, also known as the Fulbright-Hays 2, 2006, U.S. District Court, Eastern Act. The purpose of the Act is ‘‘to District of Arkansas, Case # Directorate of Defense Trade Controls, participate, directly or indirectly, in any enable the Government of the United 4:05CR00200–01, States to increase mutual understanding (7) Martin Armando Arredondo-Meza, export in which such ineligible person may benefit therefrom or in which he between the people of the United States January 25, 2006, U.S. District Court and the people of other countries * * *; Southern District of Texas, Case #: has a direct or indirect interest. This notice is provided for purposes to strengthen the ties which unite us 7:05CR00754–001. with other nations by demonstrating the (8) Tomer Grinberg, April 24, 2006, of making the public aware that the educational and cultural interests, U.S. District Court, Southern District of persons listed above are prohibited from developments, and achievements of the New York (Foley Square), Case # participating directly or indirectly in people of the United States and other 04cr573–02, activities regulated by the ITAR, (9) Kwan Chun Chan (a.k.a. Jenny including any brokering activities and nations * * * and thus to assist in the Chan), May 4, 2006, U.S. District Court in any export from or temporary import development of friendly, sympathetic, District of New Jersey, Case # 05–660– into the United States of defense and peaceful relations between the 01. articles, related technical data, or United States and the other countries of (10) Xiu Ling Chen (a.k.a. Linda defense services in all situations the world.’’ The funding authority for Chen), May 4, 2006, U.S. District Court covered by the ITAR. Specific case the program above is provided through District of New Jersey, Case # 05–659– information may be obtained from the legislation. 01. Office of the Clerk for the U.S. District Purpose (11) Hao Li Chen (a.k.a. Ali Chan), Courts mentioned above and by citing This program provides grants to May 4, 2006, U.S. District Court, District the court case number where provided. of New Jersey, Case # 05–658–01. enable U.S. citizen undergraduate (12) Xu Weibo (a.k.a. Kevin Xu), May Dated: November 2, 2006. students of limited financial means to 4, 2006, U.S. District Court, District of Stephen D. Mull, pursue academic studies abroad. Such New Jersey, Case # 05–657–01. Acting Assistant Secretary for Political- foreign study is intended to expand (13) George Charles Budenz, II, July Military Affairs, Department of State. understanding of other countries and 17, 2006, U.S. District Court, Southern [FR Doc. E6–19609 Filed 11–17–06; 8:45 am] cultures among U.S. students, expose District of California, Case # BILLING CODE 4710–25–P citizens of other countries to Americans 05CR01863–LAB. from diverse backgrounds, and better (14) Richard Tobey, June 26, 2006, prepare U.S. students to assume U.S. District Court, Southern District of DEPARTMENT OF STATE significant roles in an increasingly California, Case # 05CR1462–LAB. global economy. (15) Kellen Lamon Johnson, June 1, [Public Notice 5616] 2006, U.S. District Court, District of History Montana, Case # CR 05–170–GF–SHE– Bureau of Educational and Cultural Since the program’s inception in 03. Affairs (ECA) Request for Grant 2001, nearly 2,000 Gilman scholars from (16) Dwain Rouse, June 12, 2006, U.S. Proposals: Gilman International more than 500 U.S. colleges and District Court, District of Montana, Case Scholarship Program universities have studied in 94 # CR 05–170–GF–SHE–01. countries around the world. (17) Erika Jardine (a.k.a. Eriklynn Announcement Type: New Grant. Pattie Jardine; a.k.a. Erika Pattie Funding Opportunity Number: ECA/ Overview Jardine), February 22, 2006, U.S. District A/S/A–07–10. It is anticipated that, pending Court, Eastern District of Pennsylvania, Catalog of Federal Domestic Assistance appropriation of funds, this grant will Case # CR–2005–446. Number: 19.425. provide an assistance award of

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approximately $3,918,000 for the education in the United States. This can Additional Information: Pending purpose of recruiting, selecting, and be achieved through direct contacts successful implementation of this issuing grants of up to $5,000 to with institutions and through program and the availability of funds in individuals who meet the eligibility participation in major education subsequent fiscal years, it is ECA’s requirements listed below toward the conferences and events. Emphasis shall intent to renew this grant for two cost of up to one academic year of be on reaching out to a diverse range of additional fiscal years before openly undergraduate study abroad. institutions and programs within those competing it again. Supplements for study of critical need institutions. III. Eligibility Information languages will also be provided. 2. The selection process shall be The intent of the authorizing carried out through a committee that III.1. Eligible applicants includes representatives of a diverse legislation for the Benjamin A. Gilman Applications may be submitted by mix of accredited institutions of higher International Scholarship Program is to public and private non-profit education in the United States. broaden the U.S. student population organizations meeting the provisions 3. In ranking eligible applicants for that participates in study abroad by described in Internal Revenue Code scholarships, consideration should be focusing on those students who might section 26 U.S.C. 501(c)(3). not otherwise study outside the U.S. given to academic excellence, financial due to financial constraints. need, diversity of the applicant pool, III.2. Cost Sharing or Matching Funds The Bureau also seeks to encourage fields of study, proposed destination, There is no minimum or maximum participating students and their plans for language study, and type and percentage required for this institutions to choose non-traditional location of home institution. Preference competition. However, the Bureau study-abroad locations, to study should be given to applicants with no encourages applicants to provide languages, and to help under- previous study abroad experience. maximum levels of cost sharing and represented U.S. institutions offer and Reporting funding in support of its programs. promote study-abroad opportunities for After fall and spring selection panels, When cost sharing is offered, it is their students. These objectives should understood and agreed that the be addressed in grant proposals. the grantee organization will submit reports on the number of applicants, the applicant must provide the amount of Guidelines number of participants selected, the cost sharing as stipulated in its proposal and later included in an approved grant Upon receipt of grant notification, the names of the institutions of higher agreement. Cost sharing may be in the administering organization should be education in the United States that form of allowable direct or indirect prepared to announce the program, applicants and awardees were attending costs. For accountability, the grantee solicit applications, and award at the time of application, the names of must maintain written records to scholarships to U.S. students to begin institutions sponsoring the study support all costs which are claimed as overseas study as soon as possible. programs abroad, the names and locations of the institutions of higher a contribution, as well as costs to be Student Eligibility education outside the United States that paid by the Federal government. Such To apply for a scholarship, an participants attend during their study records are subject to audit. The basis applicant must: program abroad, and the fields of study for determining the value of cash and • Be a citizen of the United States. of the participants. Because diversity is in-kind contributions must be in Permanent residents of the United an important program goal, the grantee accordance with OMB Circular A–110, States are not eligible. should attempt to collect age, ethnic, (Revised), Subpart C.23—Cost Sharing • Be an undergraduate student in gender, and disability data from and Matching. In the event the grantee good standing at an institution of higher scholarship applicants and recipients, does not provide the minimum amount education in the United States while respecting Federal guidelines on of cost sharing as stipulated in the (including both two-year and four-year the solicitation of such information. The approved budget, ECA’s contribution institutions). grantee shall also provide program will be reduced in like proportion. • Be a recipient of Federal Pell Grant information and data to be included in III.3. Other Eligibility Requirements funding during the academic term of the program’s annual end-of-year report a. Bureau grant guidelines require that his/her application. to Congress. Additionally, the Bureau of • organizations with less than four years Be applying to, or accepted for, a Educational and Cultural Affairs may experience in conducting international study abroad program eligible for credit request other periodic and ad hoc exchanges be limited to $60,000 in from the student’s home institution. reports. This may include separate Bureau funding. ECA anticipates Proof of program acceptance is required breakdowns for students studying in awarding one grant, in an amount of for final award disbursement. regions or countries of strategic interest • approximately $3,918,000, to support Not be proposing to study in a and students studying critical need program and administrative costs country currently under a Travel languages. Warning issued by the United States required to implement this exchange Department of State or in Cuba. Travel II. Award Information program. Therefore, organizations with Warnings are issued when the State Type of Award: Grant. less than four years experience in Department recommends that Fiscal Year Funds: 2007. conducting international exchanges are Americans avoid a certain country. To Approximate Total Funding: ineligible to apply under this find a list of these countries, please see $3,918,000. competition. http://travel.state.gov/travel/cis_pa_tw/ Approximate Number of Awards: 1. _ IV. Application and Submission tw/tw 1764.html. Approximate Average Award: Information $3,918,000. Recruitment, Application, and Selection Anticipated Award Date: Pending Note: Please read the complete Federal 1. The grantee organization shall availability of funds, April 1, 2007. Register announcement before sending publicize the scholarship competition to Anticipated Project Completion Date: inquiries or submitting proposals. Once the accredited institutions of higher September 30, 2008. RFGP deadline has passed, Bureau staff may

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not discuss this competition with applicants appropriate box of the SF–424, which is diversity of American political, social, until the proposal review process has been part of the formal application package. and cultural life. ‘‘Diversity’’ should be completed. IV.3b. All proposals must contain an interpreted in the broadest sense and executive summary, proposal narrative, encompass differences including, but IV.1 Contact Information To Request an and budget. not limited to ethnicity, race, gender, Application Package Please refer to the Solicitation religion, geographic location, socio- Please contact Coleen Gatehouse, Package. It contains the mandatory economic status, and disabilities. Office of Global Educational Programs, Proposal Submission Instructions (PSI) Applicants are strongly encouraged to ECA/A/S/A, Room 349, U.S. document and the Project Objectives, adhere to the advancement of this Department of State, SA–44, 301 4th Goals and Implementation (POGI) principle both in program Street, SW., Washington, DC 20547, tel document for additional formatting and administration and in program content. 202–453–8887, fax 202–453–8890, to technical requirements. Please refer to the review criteria under request a Solicitation Package. Please IV.3c. You must have nonprofit status the ‘Support for Diversity’ section for refer to the Funding Opportunity with the IRS at the time of application. specific suggestions on incorporating Number ECA/A/S/A–07–10 located at If your organization is a private diversity into your proposal. Public Law the top of this announcement when nonprofit which has not received a grant 104–319 provides that ‘‘in carrying out making your request. or cooperative agreement from ECA in programs of educational and cultural Alternatively, an electronic the past three years, or if your exchange in countries whose people do application package may be obtained organization received nonprofit status not fully enjoy freedom and from grants.gov. Please see section IV.3f from the IRS within the past four years, democracy,’’ the Bureau ‘‘shall take for further information. you must submit the necessary appropriate steps to provide The Solicitation Package contains the documentation to verify nonprofit status opportunities for participation in such Proposal Submission Instruction (PSI) as directed in the PSI document. Failure programs to human rights and document, which consists of required to do so will cause your proposal to be democracy leaders of such countries.’’ application forms, and standard declared technically ineligible. Public Law 106–113 requires that the guidelines for proposal preparation. IV.3d. Please take into consideration governments of the countries described It also contains the Project Objectives, the following information when above do not have inappropriate Goals and Implementation (POGI) preparing your proposal narrative: influence in the selection process. document, which provides specific IV.3d.1. Adherence to All Regulations Proposals should reflect advancement of these goals in their program contents, to information, award criteria and budget Governing the J Visa instructions tailored to this competition. the full extent deemed feasible. Please specify Coleen Gatehouse and Please note: The following is being IV.3d.3. Program Monitoring and refer to the Funding Opportunity communicated for informational purposes Evaluation Number ECA/A/S/A–07–10 located at only and does not directly apply to this the top of this announcement on all solicitation or program. The Bureau of Proposals must include a plan to other inquiries and correspondence. Educational and Cultural Affairs is placing monitor and evaluate the project’s renewed emphasis on the secure and proper success, both as the activities unfold IV.2. To Download a Solicitation administration of Exchange Visitor (J visa) and at the end of the program. The Package Via Internet Programs and adherence by grantees and Bureau recommends that your proposal The entire Solicitation Package may sponsors to all regulations governing the J include a draft survey questionnaire or be downloaded from the Bureau’s Web visa. Therefore, proposals should other technique plus a description of a demonstrate the applicant’s capacity to meet methodology to use to link outcomes to site at http://exchanges.state.gov/ all requirements governing the education/rfgps/menu.htm, or from the administration of the Exchange Visitor original project objectives. The Bureau Grants.gov Web site at http:// Programs as set forth in 22 CFR part 62, expects that the grantee will track www.grants.gov. including the oversight of Responsible participants or partners and be able to Please read all information before Officers and Alternate Responsible Officers, respond to key evaluation questions, downloading. screening and selection of program including satisfaction with the program, participants, provision of pre-arrival learning as a result of the program, IV.3. Content and Form of Submission information and orientation to participants, changes in behavior as a result of the Applicants must follow all monitoring of participants, proper program, and effects of the program on instructions in the Solicitation Package. maintenance and security of forms, record- institutions (institutions in which The original and 7 copies of the keeping, reporting, and other requirements. participants work or partner application should be sent per the A copy of the complete regulations institutions). The evaluation plan instructions under IV.3f. ‘‘Submission governing the administration of should include indicators that measure Dates and Times section’’ below. Exchange Visitor (J) programs is gains in mutual understanding as well IV.3a. You are required to have a Dun available at http://exchanges.state.gov as substantive knowledge. and Bradstreet Data Universal or from: United States Department of Successful monitoring and evaluation Numbering System (DUNS) number to State, Office of Exchange Coordination depend heavily on setting clear goals apply for a grant or cooperative and Designation, ECA/EC/ECD—SA–44, and outcomes at the outset of a program. agreement from the U.S. Government. Room 734, 301 4th Street, SW., Your evaluation plan should include a This number is a nine-digit Washington, DC 20547, Telephone: description of your project’s objectives, identification number, which uniquely (202) 203–5029, FAX: (202) 453–8640. your anticipated project outcomes, and identifies business entities. Obtaining a how and when you intend to measure DUNS number is easy, and there is no IV.3d.2. Diversity, Freedom and these outcomes (performance charge. To obtain a DUNS number, Democracy Guidelines indicators). The more that outcomes are access http:// Pursuant to the Bureau’s authorizing ‘‘smart’’ (specific, measurable, www.dunandbradstreet.com or call 1– legislation, programs must maintain a attainable, results-oriented, and placed 866–705–5711. Please ensure that your non-political character and should be in a reasonable time frame), the easier DUNS number is included in the balanced and representative of the it will be to conduct the evaluation. You

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should also show how your project be deemed less competitive under the in-place, centralized shipping objectives link to the goals of the present evaluation criteria.) identification and tracking systems that program described in this RFGP. Grantees will be required to provide may be accessed via the Internet and Your monitoring and evaluation plan reports analyzing their evaluation delivery people who are identifiable by should clearly distinguish between findings to the Bureau in their regular commonly recognized uniforms and program outputs and outcomes. Outputs program reports. All data collected, delivery vehicles. Proposals shipped on are products and services delivered, including survey responses and contact or before the above deadline but often stated as an amount. Output information, must be maintained for a received at ECA more than seven days information is important to show the minimum of three years and provided to after the deadline will be ineligible for scope or size of project activities, but it the Bureau upon request. further consideration under this cannot substitute for information about IV.3e. Please take the following competition. Proposals shipped after the progress towards outcomes or the information into consideration when established deadlines are ineligible for results achieved. Examples of outputs preparing your budget: consideration under this competition. include the number of people trained or IV.3e.1. Budget Guidelines ECA will not notify you upon receipt of the number of seminars conducted. application. It is each applicant’s Outcomes, in contrast, represent Applicants must submit a responsibility to ensure that each specific results a project is intended to comprehensive budget for the entire package is marked with a legible achieve and is usually measured as an program. There must be a summary tracking number and to monitor/confirm extent of change. Findings on outputs budget as well as breakdowns reflecting delivery to ECA via the Internet. and outcomes should both be reported, both administrative and program Delivery of proposal packages may not but the focus should be on outcomes. budgets. Applicants may provide be made via local courier service or in We encourage you to assess the separate sub-budgets for each program person for this competition. Faxed following four levels of outcomes, as component, phase, location, or activity documents will not be accepted at any they relate to the program goals set out to provide clarification. Applicants time. Only proposals submitted as in the RFGP (listed here in increasing should budget the maximum possible stated above will be considered. order of importance): amount for scholarships and keep 1. Participant satisfaction with the administrative and overhead costs to a Important note: When preparing your program and exchange experience. minimum. submission please make sure to include one IV.3e.2. Allowable costs for the extra copy of the completed SF–424 form and 2. Participant learning, such as place it in an envelope addressed to ‘‘ECA/ increased knowledge, aptitude, skills, program include the following: EX/PM’’. and changed understanding and 1. Administrative: Salaries and attitude. Learning includes both benefits and other direct administrative The original and 7 copies of the substantive (subject-specific) learning expenses such as postage, phone, application should be sent to: U.S. and mutual understanding. printing and office supplies. Department of State, SA–44, Bureau of 3. Participant behavior, concrete 2. Program: Participant expenses, Educational and Cultural Affairs, Ref.: actions to apply knowledge in work or which may include institutional fees, ECA/A/S/A–07–10, Program community; greater participation and travel expenses, tuition; expenses Management, ECA/EX/PM, Room 534, responsibility in civic organizations; related to review panels, including 301 4th Street, SW., Washington, DC interpretation and explanation of travel and per-diem. 20547. experiences and new knowledge gained; Please refer to the Solicitation continued contacts between Package for complete budget guidelines IV.3f.2 Submitting Electronic participants, community members, and and formatting instructions. Applications others. IV.3.f. Application Deadline and Applicants have the option of 4. Institutional changes, such as Methods of Submission: submitting proposals electronically Application Deadline Date: February increased collaboration and through Grants.gov (http:// 2, 2007. partnerships, policy reforms, new www.grants.gov). Complete solicitation Reference Number: ECA/A/S/A–07– programming, and organizational packages are available at Grants.gov in 10. improvements. the ‘‘Find’’ portion of the system. Please Methods of Submission: Applications follow the instructions available in the Please note: Consideration should be given may be submitted in one of two ways: to the appropriate timing of data collection 1. In hard-copy, via a nationally ‘Get Started’ portion of the site (http:// for each level of outcome. For example, recognized overnight delivery service www.grants.gov/GetStarted). satisfaction is usually captured as a short- Several of the steps in the Grants.gov term outcome, whereas behavior and (i.e., DHL, Federal Express, UPS, Airborne Express, or U.S. Postal Service registration process could take several institutional changes are normally weeks. Therefore, applicants should considered longer-term outcomes. Express Overnight Mail, etc.), or 2. Electronically through http:// check with appropriate staff within their Overall, the quality of your www.grants.gov. organizations immediately after monitoring and evaluation plan will be Along with the Project Title, all reviewing this RFGP to confirm or judged on how well it (1) Specifies applicants must enter the above determine their registration status with intended outcomes; (2) gives clear Reference Number in Box 11 on the SF– Grants.gov. Once registered, the amount descriptions of how each outcome will 424 contained in the mandatory of time it can take to upload an be measured; (3) identifies when Proposal Submission Instructions (PSI) application will vary depending on a particular outcomes will be measured; of the solicitation document. variety of factors including the size of and (4) provides a clear description of the application and the speed of your the data collection strategies for each IV.3f.1 Submitting Printed internet connection. Therefore, we outcome (i.e., surveys, interviews, or Applications strongly recommend that you not wait focus groups). (Please note that Applications must be shipped no later until the application deadline to begin evaluation plans that deal only with the than the above deadline. Delivery the submission process through first level of outcomes [satisfaction] will services used by applicants must have Grants.gov.

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Direct all questions regarding 2. Program planning: Detailed agenda institutional direct funding Grants.gov registration and submission and relevant work plan should contributions. to: Grants.gov Customer Support, demonstrate substantive undertakings VI. Award Administration Information Contact Center Phone: 800–518–4726, and logistical capacity. Agenda and plan Business Hours: Monday—Friday, 7 should adhere to the program overview VI.1a. Award Notices a.m.–9 p.m. Eastern Time, E-mail: and guidelines described above. Final awards cannot be made until [email protected]. 3. Ability to achieve program funds have been appropriated by Applicants have until midnight (12 objectives: Objectives should be Congress, allocated, and committed a.m.), Washington, DC time of the reasonable, feasible, and flexible. through internal Bureau procedures. closing date to ensure that their entire Proposals should clearly demonstrate Successful applicants will receive an application has been uploaded to the how the institution will meet the Assistance Award Document (AAD) Grants.gov site. There are no exceptions program’s objectives and plan. from the Bureau’s Grants Office. The to the above deadline. Applications 4. Multiplier effect/impact: Proposed AAD and the original grant proposal uploaded to the site after midnight of programs should strengthen long-term with subsequent modifications (if the application deadline date will be mutual understanding, including applicable) shall be the only binding automatically rejected by the grants.gov maximum sharing of information and authorizing document between the system, and will be technically establishment of long-term institutional recipient and the U.S. Government. The ineligible. Applicants will receive a and individual linkages. AAD will be signed by an authorized confirmation e-mail from grants.gov 5. Support of Diversity: Proposals Grants Officer, and mailed to the upon the successful submission of an should demonstrate substantive support recipient’s responsible officer identified application. ECA will not notify you of the Bureau’s policy on diversity. in the application. upon receipt of electronic applications. Achievable and relevant features should Unsuccessful applicants will receive It is the responsibility of all be cited in both program administration notification of the results of the applicants submitting proposals via the (selection of participants, program application review from the ECA Grants.gov Web portal to ensure that venue and program evaluation) and program office coordinating this proposals have been received by program content (orientation and wrap- competition. Grants.gov in their entirety, and ECA up sessions, program meetings, resource bears no responsibility for data errors VI.2 Administrative and National materials and follow-up activities). resulting from transmission or Policy Requirements 6. Institutional Capacity: Proposed conversion processes. Terms and Conditions for the IV.3g. Intergovernmental Review of personnel and institutional resources should be adequate and appropriate to Administration of ECA agreements Applications: Executive Order 12372 include the following: does not apply to this program. achieve the program’s goals. 7. Institution’s Record/Ability: Office of Management and Budget V. Application Review Information Proposals should demonstrate an Circular A–122, ‘‘Cost Principles for Nonprofit Organizations.’’ V.1. Review Process institutional record of successful exchange programs, including Office of Management and Budget The Bureau will review all proposals responsible fiscal management and full Circular A–21, ‘‘Cost Principles for for technical eligibility. Proposals will compliance with all reporting Educational Institutions.’’ be deemed ineligible if they do not fully requirements for past Bureau grants as OMB Circular A–87, ‘‘Cost Principles adhere to the guidelines stated herein determined by Bureau Grants Staff. The for State, Local and Indian Governments.’’ and in the Solicitation Package. All Bureau will consider the past OMB Circular No. A–110 (Revised), eligible proposals will be reviewed by performance of prior recipients and the the program office, as well as the Public ‘‘Uniform Administrative demonstrated potential of new Requirements for Grants and Diplomacy section overseas, where applicants. appropriate. Eligible proposals will be Agreements With Institutions of 8. Follow-on Activities: Proposals subject to compliance with Federal and Higher Education, Hospitals, and should provide a plan for continued Bureau regulations and guidelines and Other Nonprofit Organizations.’’ follow-on activity (without Bureau forwarded to Bureau grant panels for OMB Circular No. A–102, ‘‘Uniform support) ensuring that Bureau advisory review. Proposals may also be Administrative Requirements for supported programs are not isolated reviewed by the Office of the Legal Grants-in-Aid to State and Local events. Adviser or by other Department Governments.’’ elements. Final funding decisions are at 9. Project Evaluation: Proposals OMB Circular No. A–133, ‘‘Audits of the discretion of the Department of should include a plan to evaluate the States, Local Government, and Non- State’s Assistant Secretary for activity’s success, both as the activities profit Organizations.’’ Educational and Cultural Affairs. Final unfold and at the end of the program. A Please reference the following Web technical authority for cooperative draft survey questionnaire or other sites for additional information: technique plus description of a agreements resides with the Bureau’s http://www.whitehouse.gov/omb/grants. Grants Officer. methodology for linking outcomes to http://exchanges.state.gov/education/ original project objectives is grantsdiv/terms.htm#articleI. Review Criteria recommended. Technically eligible applications will 10. Cost-effectiveness: The overhead VI.3. Reporting Requirements be competitively reviewed according to and administrative components of the You must provide ECA with a hard the criteria stated below. These criteria proposal, including salaries and copy original plus two copies of the are not rank ordered and all carry equal honoraria, should be kept as low as following reports: weight in the proposal evaluation: possible. All other items should be 1. A final program and financial 1. Quality of the program idea: necessary and appropriate. report no more than 90 days after the Proposals should exhibit originality, 11. Cost-sharing: Proposals should expiration of the award; substance, precision, and relevance to maximize cost-sharing through other 2. Quarterly program and financial the Bureau’s mission. private sector support as well as reports which describe activities

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undertaken during the reporting period DEPARTMENT OF STATE If you believe that you have been the and explain costs incurred under each victim of unlawful discrimination on item presented in the Grant Agreement. [Public Notice 5615] the basis of race, color, religion, sex, Grantees will be required to provide national origin or disability, you must No FEAR Act Notice reports analyzing their evaluation contact an Equal Employment findings to the Bureau in their regular SUMMARY: Pursuant to the requirements Opportunity (EEO) counselor within 45 program reports. (Please refer to IV. of 5 CFR 724.202, (‘‘Notice calendar days of the alleged Application and Submission obligations’’), the U.S. Department of discriminatory action, or, in the case of Instructions (IV.3.d.3) above for Program State hereby publishes this No FEAR a personnel action, within 45 calendar Monitoring and Evaluation information. Act Notice. The purpose of the Notice days of the effective date of the action, All data collected, including survey is to inform Department employees, before you can file a formal complaint responses and contact information, must former employees, and applicants for of discrimination with your agency. See, be maintained for a minimum of three employment of the rights and e.g., 29 CFR part 1614 and the Office of years and provided to the Bureau upon protections available under Federal Civil Rights Web site at http:// request. antidiscrimination and whistleblower www.state.gov/s/ocr. All reports must be sent to the ECA protection laws. This Notice follows the If you believe that you have been the Grants Officer and ECA Program Officer model language provided by the Office victim of unlawful discrimination on listed in the final assistance award of Personnel Management in the Final the basis of age, you must either contact document. Rule, Implementation of Title II of the an EEO counselor as noted above or give VII. Agency Contacts Notification and Federal Employee notice of intent to sue to the Equal Antidiscrimination and Retaliation Act Employment Opportunity Commission For questions about this of 2002—Notification & Training (71 FR (EEOC) within 180 calendar days of the announcement, contact: Coleen 41095). Any questions regarding this alleged discriminatory action. If you are Gatehouse, Educational Information and notice should be directed to Janice F. alleging discrimination based on marital Resources Branch, ECA/A/S/A, Room Caramanica, Senior Attorney-Advisor, status or political affiliation, you may 349, ECA/A/S/A–07–10, U.S. U.S. Department of State, Office of Civil Department of State, SA–44, 301 4th Rights (S/OCR), 2201 C Street, NW., file a written complaint with the U.S. Street, SW., Washington, DC 20547, tel: Room 7428, Washington, DC 20520– Office of Special Counsel (OSC) (see 202–453–8887, fax: 202–453–8890, 7428, phone (202) 647–9295, fax (202) contact information below). In the [email protected]. 647–4969, e-mail alternative (or in some cases, in All correspondence with the Bureau [email protected]. addition), you may pursue a concerning this RFGP should reference On May 15, 2002, Congress enacted discrimination complaint by filing a the above title and number ECA/A/S/A– the ‘‘Notification and Federal Employee grievance through your agency’s 07–10. Antidiscrimination and Retaliation Act administrative or negotiated grievance Please read the complete Federal of 2002,’’ which is now known as the procedures, if such procedures apply Register announcement before sending No FEAR Act. One purpose of the Act and are available. inquiries or submitting proposals. Once is to ‘‘require that Federal agencies be Whistleblower Protection Laws the RFGP deadline has passed, Bureau accountable for violations of staff may not discuss this competition antidiscrimination and whistleblower A Federal employee with authority to with applicants until the proposal protection laws.’’ Public Law 107–174, take, direct others to take, recommend review process has been completed. Summary. In support of this purpose, or approve any personnel action must Congress found that ‘‘agencies cannot be VIII. Other Information: not use that authority to take or fail to run effectively if those agencies practice take, or threaten to take or fail to take, Notice or tolerate discrimination.’’ Public Law a personnel action against an employee The terms and conditions published 107–174, Title I, General Provisions, or applicant because of disclosure of in this RFGP are binding and may not section 101(1). information by that individual that is be modified by any Bureau The Act also requires this agency to reasonably believed to evidence representative. Explanatory information provide this notice to Federal violations of law, rule or regulation; provided by the Bureau that contradicts employees, former Federal employees gross mismanagement; gross waste of published language will not be binding. and applicants for Federal employment funds; an abuse of authority; or a Issuance of the RFGP does not to inform you of the rights and substantial and specific danger to public constitute an award commitment on the protections available to you under health or safety, unless disclosure of part of the Government. The Bureau Federal antidiscrimination and such information is specifically required reserves the right to reduce, revise, or whistleblower protection laws. by Executive Order to be kept secret in increase proposal budgets in accordance Antidiscrimination Laws the interest of national defense or the with the needs of the program and the conduct of foreign affairs. A Federal agency cannot discriminate availability of funds. Awards made will against an employee or applicant with Retaliation against an employee or be subject to periodic reporting and respect to the terms, conditions or applicant for making a protected evaluation requirements per section VI.3 privileges of employment on the basis of disclosure is prohibited by 5 U.S.C. above. race, color, religion, sex, national origin, 2302(b)(8). If you believe that you have Dated: November 13, 2006. age, disability, marital status or political been the victim of whistleblower C. Miller Crouch, affiliation. Discrimination on these retaliation, you may file a written Principal Deputy Assistant Secretary, Bureau bases is prohibited by one or more of the complaint (Form OSC–11) with the U.S. of Educational and Cultural Affairs, following statutes: 5 U.S.C. 2302(b)(1), Office of Special Counsel at 1730 M Department of State. 29 U.S.C. 206(d), 29 U.S.C. 631, 29 Street, NW., Suite 218, Washington, DC [FR Doc. E6–19595 Filed 11–17–06; 8:45 am] U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 20036–4505 or online through the OSC BILLING CODE 4710–05–P 2000e-16. Web site—http://www.osc.gov.

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Retaliation for Engaging in Protected DEPARTMENT OF STATE approval from the Office of Management Activity and Budget (OMB) to revise three (3) [Public Notice 5614] A Federal agency cannot retaliate information collections (ICs), entitled against an employee or applicant Eligibility for Participation in Summer ‘‘Motor Carrier Safety Assistance because that individual exercises his or Work Travel Programs Program’’ (2126–0010), ‘‘Commercial her rights under any of the Federal Driver Licensing and Test Standards’’ AGENCY: antidiscrimination or whistleblower Department of State. (2126–0011), and ‘‘Transportation of protection laws listed above. If you ACTION: Notice. Household Goods; Consumer Protection’’ (2126–0025). These ICs are believe that you are the victim of SUMMARY: Pursuant to statutory retaliation for engaging in protected necessary to ensure that motor carriers authority granted the Department of comply with changes made by various activity, you must follow, as State by Public Law 105–277, foreign appropriate, the procedures described in provisions of the Safe, Accountable, post-secondary students participating in Flexible, Efficient Transportation Equity the Antidiscrimination Laws and a cultural exchange program may be Act: A Legacy for Users (SAFETEA–LU). Whistleblower Protection Laws sections eligible to enter the United States to We are required to publish this notice or, if applicable, the administrative or work and travel during their summer in the Federal Register by the negotiated grievance procedures in vacations from studies. To be eligible for Paperwork Reduction Act of 1995 and order to pursue any legal remedy. participation in these programs, foreign implementing regulations at 5 CFR students must be selected, screened, Disciplinary Actions 1320.10. placed, and monitored by Department- Under the existing laws, each agency designated organizations that are DATES: Comments must be submitted on retains the right, where appropriate, to authorized to conduct educational and or before January 19, 2007. discipline a Federal employee for cultural exchange programs. These conduct that is inconsistent with ADDRESSES: You may mail or hand programs further the public diplomacy Federal Antidiscrimination and deliver comments to the U.S. efforts of the United States by providing Whistleblower Protection Laws up to Department of Transportation, Dockets participants with the opportunity to Management Facility, Room PL–401, and including removal. If OSC has experience the United States and its initiated an investigation under 5 U.S.C. 400 Seventh Street, SW., Washington, people. DC 20590; telefax comments to 202/ 1214, however, according to 5 U.S.C. Participation in these programs is 1214(f), agencies must seek approval 493–2251; or submit them electronically dependent upon student status. For the at http://dms.dot.gov. All comments from the Special Counsel to discipline purpose of determining program employees for, among other activities, should include the docket number in eligibility, designated program sponsors this notice’s heading. All comments engaging in prohibited retaliation. may select for program participation Nothing in the No FEAR Act alters may be examined and copied at the only those potential participants who above address from 9 a.m. to 5 p.m., existing laws or permits an agency to are currently enrolled and participating take unfounded disciplinary action Monday through Friday, except Federal full-time in post-secondary studies at holidays. If you desire a receipt you against a Federal employee or to violate the time of application. This the procedural rights of a Federal must include a self-addressed stamped certification will be published in the envelope or postcard or, if you submit employee who has been accused of Federal Register. discrimination. your comments electronically, you may Dated: November 9, 2006. print the acknowledgment. Additional Information Stanley S. Colvin, Privacy Act: Anyone is able to search For further information regarding the Director, Office of Exchange Coordination the electronic form of all comments No FEAR Act regulations, refer to 5 CFR and Designation, Department of State. received into any of our dockets by the part 724, as well as the appropriate [FR Doc. E6–19593 Filed 11–17–06; 8:45 am] name of the individual submitting the offices within your agency (e.g., EEO/ BILLING CODE 4710–05–P comment (or signing the comment, if civil rights office, human resources submitted on behalf of an association, office or legal office). Additional business, labor union, etc.). You may information regarding Federal DEPARTMENT OF TRANSPORTATION review DOT’s complete Privacy Act antidiscrimination whistleblower Statement in the Federal Register on protection and retaliation laws can be Federal Motor Carrier Safety April 11, 2000 (65 FR 19477), or you found at the EEOC Web site-http:// Administration may visit http://dms.dot.gov. www.eeoc.gov and the OSC Web site— [Docket No. FMCSA–2006–26304] FOR FURTHER INFORMATION CONTACT: Mr. http://www.osc.gov. Frederic L. Wood, Office of Chief Counsel, Regulatory Affairs Division Existing Rights Unchanged Agency Information Collection Activities; Revision of Approved (MC–CCR), Federal Motor Carrier Safety Pursuant to section 205 of the No Information Collections: OMB Control Administration, Room 8201, 400 FEAR Act, neither the Act nor this Numbers 2126–0010 (Motor Carrier Seventh Street, SW., Washington, DC notice creates, expands or reduces any Safety Assistance Program); 2126– 20590; telephone (202) 366–0834. Office rights otherwise available to any 0011 (Commercial Driver Licensing hours are from 9 a.m. to 5 p.m., Monday employee, former employee or applicant and Test Standards); and 2126–0025 through Friday, except Federal holidays. under the laws of the United States, (Transportation of Household Goods; SUPPLEMENTARY INFORMATION: The including the provisions of law Consumer Protection) information stated below reflects the specified in 5 U.S.C. 2302(d). proposed changes and the new total AGENCY: Federal Motor Carrier Safety Dated: November 11, 2006. annual burden hours for each. Administration (FMCSA), DOT. Harry K. Thomas, Jr., ACTION: Notice; request for comments. (1) Title: Motor Carrier Safety Executive Secretary, Department of State. Assistance Program. [FR Doc. E6–19594 Filed 11–17–06; 8:45 am] SUMMARY: FMCSA invites public FMCSA IC: OMB Control No. 2126– BILLING CODE 4710–10–P comment on its intent to request 0010.

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Form No.: Forms MCSAP–1, MCSAP– States to implement programs to enforce State penalty for noncompliance by 2, and MCSAP–2A. Federal and compatible State rules, adding the phrase ‘‘up to’’ before the Type of Review: Revision of a regulations, standards, and orders existing phrases ‘‘5 percent’’ and ‘‘10 currently approved collection. applicable to commercial motor vehicle percent,’’ respectively. This potentially Respondents: State Grant Applicants. (CMV) safety. The Safe, Accountable, reduces the penalty provisions for the Number of Respondents: 52 (per Flexible, Efficient Transportation Equity first and subsequent years, respectively, quarter). Act: A Legacy for Users (Pub. L. 109–59, for noncompliance with the Federal Estimated Time Per Response: 80 119 Stat. 1144, Aug. 10, 2005) CDL requirements. Because of an hours. (SAFETEA–LU) amended 49 U.S.C. adjustment made to reflect the net effect Expiration Date: November 30, 2007. 31102(b)(1) to modify the conditions a of an increase in the number of CDL Frequency: Quarterly (reports) and State must meet to qualify for grant driver records and a decrease in the Annually (grant application). funds through MCSAP and now requires number of active CDL driver records, Total Annual Burden: 12,264 hours. the following conditions be addressed the paperwork burden has decreased by (2) Title: Commercial Driver Licensing in the State’s Commercial Vehicle Safety an estimated 3,142 burden hours. This and Test Standards. Plan: (1) Deploying technology as part of change is independent of these FMCSA IC: OMB Control No. 2126– performance-based activities to enhance SAFETEA–LU provisions. 0011. the efficiency and effectiveness of CMV Third, in the Motor Carrier Safety Form No.: None. safety programs; (2) disseminating as Improvement Act of 1999 (Pub. L. 106– Type of Review: Revision of a part of the CMV and non-CMV licensing 159, 113 Stat. 1749, Dec. 9, 1999) currently approved collection. examination information on best (MCSIA), Congress authorized the Respondents: Holders of and practices for driving safely in the Agency to regulate household goods applicants for commercial driver’s vicinity of noncommercial and carriers engaged in interstate operations licenses. commercial motor vehicles; (3) for individual shippers. In earlier Number of Respondents: 12,523,571/ conducting comprehensive and highly legislation, Congress abolished the year. visible traffic enforcement and CMV Interstate Commerce Commission and Estimated Time Per Response: 6 safety inspection programs in high-risk transferred the Commission’s minutes. areas; (4) ensuring that inspections of jurisdiction over household goods Expiration Date: April 30, 2007. certain passenger vehicles are transportation to the U.S. Department of Frequency: On occasion. conducted at a station or other facility Transportation (DOT) (ICC Termination Total Annual Burden: 1,269,856 where a motor carrier may make a Act of 1995, Public Law 104–88). Prior hours. planned stop; and (5) allowing the use to FMCSA’s establishment, the of funds to conduct documented Secretary delegated this household (3) Title: Transportation of Household goods jurisdiction to the Federal Goods; Consumer Protection. enforcement of State traffic laws. The overall impact of these provisions Highway Administration, FMCSA’s FMCSA IC: OMB Control No. 2126– predecessor organization within DOT. A 0025. increases total burden hours by an estimated 403 burden hours, chiefly as General Accounting Office report, Form No.: Form MCSA–2P. ‘‘Consumer Protection: Federal Actions Type of Review: Revision of a a result of non-CMV traffic enforcement activities. Are Needed to Improve Oversight of the currently approved collection. Household Goods Moving Industry,’’ Respondents: Motor Carriers and Second, the Commercial Driver No. GAO–01–318, found that DOT Individual Shippers of Household Licensing (CDL) and Test Standards needed to increase regulatory oversight Goods. program ensures that licensed drivers of the household goods moving industry Number of Respondents: 6,017. are properly qualified to drive the and increase consumer education. Estimated Time Per Response: Varies vehicles they operate and that drivers FMCSA subsequently issued rules that from 5 minutes to display assigned U.S. do not have a history of high-risk safety clarified industry requirements and DOT number in created advertisement behavior. The Commercial Motor continued a requirement that motor to 125 minutes to distribute consumer Vehicle Safety Act of 1986 (Pub. L. 99– carriers provide individual shippers of publication. 570, Title XII, 100 Stat. 3207–170, Oct. household goods with the consumer Expiration Date: August 31, 2008. 27, 1986), as amended by 49 U.S.C. pamphlet ‘‘Your Rights and Frequency: On occasion. chapter 313, required, among other Responsibilities When You Move’’ Total Annual Burden: 4,648,370 things, that each driver have only one (Appendix A to 49 CFR Part 375) to hours. license, that States be notified of any educate consumers on their legal rights convictions of traffic law violations, and Background in the moving process (70 FR 39949, that employers be notified within one July 12, 2005). Summarized below is background business day of notification of Sections 4202 through 4216 of information for all three (3) information suspension, revocation, or cancellation SAFETEA–LU amended various collection requests subject to this notice. of a license or loss of the right to operate provisions of existing law regarding First, the Motor Carrier Safety a CMV. States must comply with CDL household goods transportation, Assistance Program (MCSAP) requires program requirements and pass State specifically addressing: definitions that the Secretary of Transportation compliance reviews, or a portion of (section 4202); payment of rates (section (Secretary) review reports submitted by their Federal-aid highway funds can be 4203); registration requirements for the States and conduct inspections to withheld. SAFETEA–LU made two household goods motor carriers (section continuously evaluate a State’s amendments to the CDL program. 4204); carrier operations (section 4205); enforcement plan. Sections 401 through Section 4102(b)(2)-(4) increased the enforcement of regulations (section 404 of the Surface Transportation minimum disqualification periods and 4206); liability of carriers under receipts Assistance Act of 1982 (Pub. L. 97–424, civil penalties for drivers and the and bills of lading (section 4207); Jan. 6, 1983) (STAA), as amended by 49 maximum civil penalties for employers arbitration requirements (section 4208); U.S.C. 31100 et seq., established a convicted of violating an out-of-service civil penalties for brokers and program of financial assistance to the order. Section 4124(c) modified the unauthorized transportation (section

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4209); penalties for holding goods SUMMARY: FMCSA announces the meetings of the Committee or a hostage (section 4210); consumer establishment of the Motor Carrier subcommittee, reimbursement of handbook (section 4211); release of Safety Advisory Committee as required expenses authorized under Section 5703 broker information (section 4212); by the Safe, Accountable, Flexible, of Title 5, United States Code and the working group for Federal-State Efficient Transportation Equity Act: A Federal Travel Regulation, 41 CFR part relations (section 4213); consumer Legacy for Users. The advisory 301, relating to per diem, travel and complaint information (section 4214); committee will provide advice and transportation. FMCSA anticipates review of liability of carriers (section recommendations to the FMCSA calling Committee meetings at least four 4215); and application of State laws Administrator on the needs, objectives, times each year (excluding the initial (section 4216). These provisions require plans, approaches, content, and year). Meetings will be open to the corresponding changes to the ‘‘Your accomplishments of motor carrier safety general public, except as provided Rights and Responsibilities When You programs and motor carrier safety under the Federal Advisory Committee Move’’ consumer pamphlet. Section regulations. This notice also solicits Act (5 U.S.C. App 2). Notice of each 4205 also requires the motor carrier to nominations for interested persons to meeting will be published in the provide to the shipper a copy of the serve on the advisory committee. The Federal Register at least 15 calendar publication ‘‘Ready to Move?’’ (or its Administrator will appoint up to 20 days prior to the date of the meeting. successor publication). These members to the Motor Carrier Safety II. Motor Carrier Safety Advisory publications provide concise, valuable Advisory Committee. The advisory Committee Charter [This Is the Text of consumer protection information committee will begin work in 2006. the Charter That DOT/FMCSA Has regarding the legal rights of individual DATES: Nominations for the Motor shippers. Filed With the General Services Carrier Safety Advisory Committee must Administration.] The household goods transportation be received on or before January 4, 2007. provisions of SAFETEA–LU increase 1. Purpose: This charter establishes FOR FURTHER INFORMATION CONTACT: Mr. total paperwork burden by an estimated Scott Poyer, Chief, Strategic Planning the Motor Carrier Safety Advisory 278,333 burden hours. The largest and Program Evaluation Division, Office Committee and provides for its portion of this increase stems from of Policy Plans and Regulation, (202) operation in accordance with provisions requirements in section 4205 regarding 366–6408, Federal Motor Carrier Safety of the Federal Advisory Committee Act the estimate of the transportation Administration, 400 Seventh Street, (FACA), as amended (5 U.S.C. App. 2); charges and the physical survey of the SW., Washington, DC 20590–0001. 41 CFR part 102–3; DOT Order 1120.3B; household goods. and Section 4144 of the Safe, SUPPLEMENTARY INFORMATION: Public Comments Invited: You are Accountable, Flexible, Efficient asked to comment on any aspect of the I. Background Transportation Equity Act: A Legacy for information collections referenced here, Section 4144 of the Safe, Accountable, Users, Public Law 109–59. The charter including: (1) Whether the proposed also sets forth the principles governing collection is necessary for FMCSA’s Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) the Committee’s operation. performance; (2) the accuracy of the 2. Scope and Objectives: The (Pub. L. 109–59, August 10, 2005), estimated burden; (3) ways for FMCSA Committee will provide advice and requires the Secretary to establish the to enhance the quality, usefulness, and recommendations to the Administrator Motor Carrier Safety Advisory clarity of the collected information; and of the Federal Motor Carrier Safety Committee. The Committee will provide (4) ways that the burden could be Administration (FMCSA) on motor advice and recommendations to the minimized without reducing the quality carrier safety programs and motor Administrator of the Federal Motor of the collected information. The carrier safety regulations. Carrier Safety Administration (FMCSA) Agency will summarize and/or include 3. Duties: The members of the on the needs, objectives, plans, your comments in the request for OMB’s Committee shall: clearance of this information collection. approaches, content, and a. attend Committee meetings; accomplishments of motor carrier safety Issued on: November 9, 2006. b. gather information as necessary to programs and motor carrier safety discuss issues presented by the John H. Hill, regulations. The Committee will be Designated Federal Official (DFO); Administrator. comprised of up to 20 members c. deliberate; and [FR Doc. E6–19564 Filed 11–17–06; 8:45 am] appointed by the Administrator for up d. provide written consensus advice BILLING CODE 4910–EX–P to two-year terms. They will be selected to the Administrator. from among individuals who are not 4. Support: The Administrator shall employees of FMCSA and who are provide support staff for the Committee. DEPARTMENT OF TRANSPORTATION specially qualified to serve on the On request of the Committee, the Committee based on their education, Administrator shall provide Federal Motor Carrier Safety training, or experience. The members information, administrative services, Administration will include representatives of the and supplies that the Administrator [Docket No. FMCSA–2006–26367] motor carrier industry, safety advocates, considers necessary for the Committee and safety enforcement officials. to carry out its duties and powers. Announcement of Establishment of the Representatives of a single enumerated FMCSA’s Strategic Planning and Motor Carrier Safety Advisory interest group may not constitute a Program Evaluation Division shall Committee; Request for Nominations majority of the Committee members. furnish support services for the AGENCY: Federal Motor Carrier Safety The Administrator will designate a operation of the Committee. Administration (FMCSA), DOT. chairman of the Committee from among 5. Designated Federal Officer and the members. Committee members will Sponsor: The Designated Federal Officer ACTION: Notice of establishment of the not be officers or employees of the (DFO) for the Committee and its Motor Carrier Safety Advisory Federal Government and will serve subcommittees is FMCSA’s Associate Committee; request for member without pay. The Administrator may Administrator for Policy and Program nominations. allow a member, when attending Development, or his or her designee.

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The DFO shall designate an under Section 5703 of Title 5, United enforcement officials with specialized independent facilitator for advisory States Code and the Federal Travel experience, education, or training in committee meetings. The Committee Regulation, 41 CFR part 301, relating to commercial motor vehicle issues. The sponsor is FMCSA’s Director for the per diem, travel, and transportation. All Agency is committed to appointing Office of Policy Plans and Regulation, or travel by individual members when members to the Committee with diverse his or her designee. engaged in official Committee business professional backgrounds, as well as a 6. Cost: The annual operating costs shall be approved in advance by the broad array of gender, ethnicity, associated with the Committee’s DFO, and arranged and funded by the demographic, and socioeconomic functions are estimated to be $40,000, sponsor. factors. All Committee members must be including all direct and indirect 11. Meetings: The DFO anticipates able to attend three to four meetings expenses. We estimate that .25 full-time calling Committee meetings at least four each year in Washington, DC or by equivalent positions will be required to times each year (excluding the initial teleconference, and spend support the Committee. year). The agenda for all meetings shall approximately five to six hours each 7. Membership: The Committee shall be set by the DFO. Meetings shall be month providing additional be comprised of up to 20 members open to the general public, except as consultation. Interested persons should (special government employees and/or provided under FACA. Notice of each have a commitment to transportation representatives) appointed by the meeting shall be published in the safety, knowledge of transportation Administrator for up to 2-year terms. Federal Register at least 15 calendar issues, experience on panels that deal Members serve at the pleasure of the days prior to the date of the meeting. with transportation safety, and a record Administrator, subject to their stated Notice shall include the meeting of collaboration and professional terms. Members may be reappointed to agenda. The DFO or his or her designee experience in commercial motor vehicle one or more consecutive terms. shall attend and preside at each issues. For further information, please Members will be selected from among meeting. The DFO or his or her designee contact Scott Poyer at 202–493–0432, or individuals who are not employees of shall adjourn any meeting when by e-mail at [email protected]. For FMCSA and who are specially qualified determined to be in the public interest. nomination information, please contact to serve on the Committee based on Detailed minutes of each meeting shall Karen Lynch at 202–366–8997, or by e- their education, training, or experience. be certified by the DFO or his or her mail at [email protected]. The members shall include designee and maintained by the Nominations must be received on or representatives of the motor carrier sponsor. The minutes, as certified, shall before January 4, 2007. industry, safety advocates, and safety be available for public inspection and enforcement officials. Representatives of copying in the office of the sponsor. Issued on: November 13, 2006. a single enumerated interest group may 12. Reports: All Committee and John H. Hill, not constitute a majority of the subcommittee reports and Administrator. Committee. Members may continue to recommendations shall be submitted by [FR Doc. E6–19560 Filed 11–17–06; 8:45 am] serve until appointment of their the chairman to FMCSA’s Administrator BILLING CODE 4910–EX–P replacements. through the DFO or his or her designee. 8. Officers: The Administrator shall The DFO or his or her designee shall designate a chairman among members of direct the Committee to prepare such DEPARTMENT OF TRANSPORTATION the Committee. documents and any other reports. 9. Organization: The chairman may Within 60 days following the last Federal Motor Carrier Safety recommend subcommittees subject to meeting of each calendar year, the DFO Administration approval of the Agency. Subcommittees or his or her designee shall submit to [FMCSA Docket No. FMCSA–2005–25751] will be established for limited purposes FMCSA’s Administrator an annual within the scope and objectives of the report describing the Committee’s Qualification of Drivers; Exemption full Committee. The chairman of any membership, activities, and Applications; Diabetes subcommittee shall be a member of the accomplishments for the year. AGENCY: full Committee and shall be appointed Committee and subcommittee reports Federal Motor Carrier Safety by the full Committee chairman with and other documents, which are made Administration (FMCSA), DOT. the approval of the DFO. Members of a available to or prepared by the ACTION: Notice of final disposition. subcommittee may be appointed from Committee, shall be included in SUMMARY: FMCSA announces its any source by the full Committee FMCSA’s public docket and shall be chairman with the approval of the DFO. decision to exempt forty-five available for public inspection and individuals from its rule prohibiting Members of a subcommittee do not copying in accordance with the become members of the full Committee persons with insulin-treated diabetes Freedom of Information Act (5 U.S.C. mellitus (ITDM) from operating and are not eligible for expenses under 552). item 10 of this charter. Subcommittees commercial motor vehicles (CMVs) in 13. Date of Termination: The interstate commerce. The exemptions will submit all recommendations only Committee shall terminate on to the full Committee. Subcommittees will enable these individuals to operate September 30, 2010. CMVs in interstate commerce. may be terminated by the full 14. Charter Filing Date: The filing Committee chairman, subject to date of this charter, which is also the DATES: The exemptions are effective approval by the DFO. charter’s effective date, is September 8, November 20, 2006. The exemptions 10. Compensation for Members: 2006. expire on November 20, 2008. Committee members are not officers or FOR FURTHER INFORMATION CONTACT: Dr. employees of the Federal Government III. Request for Nominations Mary D. Gunnels, Chief, Physical and shall serve without pay; except that FMCSA seeks nominations for Qualifications Division, (202) 366–4001, the Administrator may allow a member, membership to the Motor Carrier Safety [email protected], FMCSA, when attending meetings of the Advisory Committee from Department of Transportation, 400 Committee or a subcommittee, representatives of the motor carrier Seventh Street, SW., Washington, DC reimbursement of expenses authorized industry, safety advocates, and safety 20590–0001. Office hours are from 8:30

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a.m. to 5 p.m., Monday through Friday, Operate in Interstate Commerce as Conditions and Requirements except Federal holidays. Directed by the Transportation Act for The terms and conditions of the SUPPLEMENTARY INFORMATION: the 21st Century.’’ The report concluded exemption will be provided to the that a safe and practicable protocol to Electronic Access applicants in the exemption document allow some drivers with Insulin-Treated and they include the following: (1) That You may see all the comments online Diabetes Mellitus (ITDM) to operate each individual submit a quarterly through the Document Management CMVs is feasible. The 2003 Notice in monitoring checklist completed by the System (DMS) at: http://dmses.dot.gov. conjunction with the November 8, 2005 Docket: For access to the docket to treating endocrinologist as well as an (70 FR 67777) Federal Register Notice annual checklist with a comprehensive read background documents or provides the current protocol for comments received, go to http:// medical evaluation; (2) that each allowing such drivers to operate CMVs individual reports within 2 business dms.dot.gov and/or Room PL–401 on in interstate commerce. the plaza level of the Nassif Building, days of occurrence, all episodes of These forty-five applicants have had severe hypoglycemia, significant 400 Seventh Street, SW., Washington, ITDM over a range of 1 to 43 years. DC, between 9 a.m. and 5 p.m., Monday complications, or inability to manage These applicants report no diabetes; also, any involvement in an through Friday, except Federal holidays. hypoglycemic reaction that resulted in Privacy Act: Anyone may search the accident or any other adverse event in loss of consciousness or seizure, that electronic form of all comments a CMV or personal vehicle, whether or required the assistance of another received into any of DOT’s dockets by not they are related to an episode of person, or resulted in impaired the name of the individual submitting hypoglycemia; (3) that each individual cognitive function without warning the comment (or of the person signing provide a copy of the ophthalmologist’s symptoms in the past 5 years (with one the comment, if submitted on behalf of or optometrist’s report to the medical year of stability following any such an association, business, labor union, or examiner at the time of the annual episode). In each case, an other entity). You may review DOT’s medical examination; and (4) that each endocrinologist has verified that the complete Privacy Act Statement in the individual provide a copy of the annual driver has demonstrated willingness to Federal Register (65 FR 19477, Apr. 11, medical certification to the employer for properly monitor and manage their 2000). This statement is also available at retention in the driver’s qualification diabetes, received education related to http://dms.dot.gov. file, or keep a copy in his/her driver’s diabetes management, and is on a stable qualification file if he/she is self- Background insulin regimen. These drivers report no employed. The driver must also have a On October 3, 2006, FMCSA other disqualifying conditions, copy of the certification when driving, published a Notice of receipt of Federal including diabetes-related for presentation to a duly authorized diabetes exemption applications from complications. Each meets the vision Federal, State, or local enforcement forty-five individuals, and requested standard at 49 CFR 391.41(b)(10). official. comments from the public (71 FR The qualifications and medical Discussion of Comments 58464). The public comment period condition of each applicant were stated closed on Nov 2, 2006. Four comments and discussed in detail in the October FMCSA received four comments in were received, and fully considered by 3, 2006, Federal Register Notice (71 FR this proceeding. All four comments FMCSA in reaching the final decision to 58464). Because there were no docket were recommendations in favor of grant the exemptions. comments on the specific merits or granting the Federal diabetes exemption FMCSA has evaluated the eligibility qualifications of any applicant, we have to Mr. Campbell, Mr. Martin, and Mr. of the forty-five applicants and not repeated the individual profiles Carroll. determined that granting the here. Conclusion exemptions to these individuals would Basis for Exemption Determination achieve a level of safety equivalent to, After considering the comments to the docket and based upon its evaluation of or greater than, the level that would be Under 49 U.S.C. 31136(e) and 31315, the forty-five exemption applications, achieved by complying with the current FMCSA may grant an exemption from FMCSA exempts John N. Anderson, regulation 49 CFR 391.41(b)(3). the diabetes standard in 49 CFR Federico G. Barajas, Carl E. Bassinger, 391.41(b)(3) if the exemption is likely to Diabetes Mellitus and Driving Allan C. Boyum, Terry L. Brantley, achieve an equivalent or greater level of Experience of the Applicants Steven E. Brechting, Matthew T. Brown, safety than would be achieved without James P. Campbell, Scott A. Carlson, The Agency established the current the exemption. The exemption allows James F. Carroll, Joseph L. Coggins, standard for diabetes in 1970 because the applicants to operate CMVs in Edward V. Coppinger, Walter C. Evans, several risk studies indicated that interstate commerce. diabetic drivers had a higher rate of Michael H. Foley, Lawrence S. Forcier, crash involvement than the general To evaluate the effect of these Stephanie D. Fry, Robert W. Gaultney, population. The diabetes rule provides exemptions on safety, FMCSA Jr., Marlin R. Hein, Paul T. Kubish, that ‘‘A person is physically qualified to considered medical reports about the Carolyn J. Lane, Randall L. Lay, David drive a commercial motor vehicle if that applicants’ ITDM and vision, and M. Levy, Shelton R. Lynch, Sterling C. person has no established medical reviewed the treating endocrinologist’s Madsen, Sterlon E. Martin, Bradley history or clinical diagnosis of diabetes medical opinion related to the ability of Monson, David F. Morin, Jeffrey J. mellitus currently requiring insulin for the driver to safely operate a CMV while Morinelli, Ronald D. Murphy, Michael control’’ (49 CFR 391.41(b)(3)). using insulin. S. Mundy, Charles B. Page, John A. FMCSA established its diabetes Consequently, FMCSA finds that ReMaklus, Howard D. Rood, Michael D. exemption program, based on the exempting these applicants from the Schooler, Arthur L. Stapleton, Jr., Agency’s July 2000 study entitled ‘‘A diabetes standard in 49 CFR 391.41(b)(3) Joseph R. Suits, Cory L. Swanson, Report to Congress on the Feasibility of is likely to achieve a level of safety Jeffrey M. Thew, Mark A. Thompson, a Program to Qualify Individuals with equal to that existing without the Glenn R. Tyrrell, Barney J. Wade, Insulin-Treated Diabetes Mellitus to exemption. Dennis D. Wade, Donald L. Winslow,

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Eugene R. Whitaker, Richard A. number (202) 366–5675; e-mail behaviors that can undermine the Zellweger, from the ITDM standard in [email protected]. potential effectiveness of the 49 CFR 391.41(b)(3), subject to the SUPPLEMENTARY INFORMATION: Advanced technologies. For example, drivers may conditions listed under ‘‘Conditions and vehicle safety technologies (AVST), not respond quickly enough to collision Requirements’’ above. such as collision warning systems warnings if the system has false alarms In accordance with 49 U.S.C. 31136(e) (CWS), can assist drivers in preventing or too many warnings. Even if the and 31315 each exemption will be valid crashes and minimizing harm. The system is perfect, drivers may over-rely for two years unless revoked earlier by controls, displays, and operation of on the technology, increase their risk FMCSA. The exemption will be revoked AVST are fundamental elements that taking behaviors, and negate any if: (1) The person fails to comply with influence the safety effectiveness of potential safety benefits. Drivers may the terms and conditions of the these technologies. The ability of drivers not understand the system’s limitations exemption; (2) the exemption has to recognize, understand, and properly and trust the system to a point where resulted in a lower level of safety than respond to the visual, auditory, and the system cannot perform to their was maintained before it was granted; or other feedback from these technologies expectations. For example, some (3) continuation of the exemption would is influenced by the degree to which systems only work within specified not be consistent with the goals and their designs are compatible with speed ranges or other limits, but drivers objectives of 49 U.S.C. 31136(e) and drivers’ capabilities. Proper designs will may expect the systems to perform at all 31315. If the exemption is still effective allow drivers to achieve the optimum speeds and in all conditions. Thus, at the end of the 2-year period, the safety benefit, whereas poor designs can unintended consequences could result person may apply to FMCSA for a limit or extinguish any advantage. from incorrect driver assumptions and renewal under procedures in effect at The purpose of this forum is to perceptions about system operation. that time. identify human factors research to help Design Characteristics: Another human factors concern is the variability Issued on: November 9, 2006. guide the development and deployment of AVST that can improve safety and in the design of these technologies Rose A. McMurray, within and across different vehicle Associate Administrator, Policy and Program minimize potential adverse effects. A diverse group of human factors and manufacturers. As drivers change Development. between vehicles with new or [FR Doc. E6–19563 Filed 11–17–06; 8:45 am] vehicle safety experts are expected to participate. The forum participants will unfamiliar AVST characteristics or CWS BILLING CODE 4910–EX–P discuss the impact of current and future interfaces, there is a potential for AVST on safety and driving negative transfer of learning. That is, drivers may miss or not comprehend an DEPARTMENT OF TRANSPORTATION performance, outline high priority areas for research, and identify organizations auditory warning from System A because they are accustomed to the National Highway Traffic Safety to sponsor the research. warning sound provided by System B. Administration The primary focus of the forum will include current and emerging AVST Driver-centered Design: The forum [NHTSA Docket No. NHTSA–2006–xxxx] systems such as those that provide only will also address the issue of how safety alerts (e.g., forward collision variations in driver performance should Meeting Notice; Forum on Human warning systems (FCW), road departure be accommodated by system design. Factors Research Necessary To warning (RDCW), lane departure Driver performance can vary from Support Advanced Vehicle Safety warning (LDW), intersection collision person to person, from situation to Technologies warning), systems that provide crash situation, and from time to time. For example, as a group, older drivers have AGENCY: National Highway Traffic warning(s) and automated control (e.g., Safety Administration (NHTSA), DOT. FCW combined with automatic braking), poorer eyesight, slower reaction times, and a decreased ability to perform ACTION: Meeting notice. and other driver assistance systems that can impact safety (e.g., adaptive cruise multiple tasks simultaneously. Drivers SUMMARY: NHTSA announces a Forum control (ACC), brake assist, backover may respond differently in heavy traffic on Human Factors Research Necessary safety systems, and automatic lane versus light traffic. Tired drivers may to Support Advanced Vehicle Safety keeping). This forum will not address behave differently than alert drivers. Technologies to be held in Falls Church, driver workload or driver distraction The intended benefits of AVST may not Virginia. This notice announces the issues associated with information and be achieved unless the systems are date, time and location of the forum, entertainment systems. designed to accommodate a broad range which will be open to the public with Through a combination of of the variability in the characteristics of advanced registration on a space- presentations by invited speakers and the driving population. The safety available basis. group discussions among attendees, the concern is that some drivers may not detect warnings, respond appropriately, DATES: The forum will be held on forum participants will focus on: or turn off systems that are perceived as January 25, 2007, from 8:30 a.m. to 5 • Identifying potential human factors annoying or useless. p.m. and continue on January 26, 2007 safety problems. • Integrating Multiple Systems: Another from 8:30 a.m. to noon. Determining safety-relevant metrics to quantify the problem. forum topic will be the issue of ADDRESSES: The forum will be held at • Determining research needs and integrated warnings from multiple the Mitretek Systems Corporate identifying best practices and guidelines systems. While integrated systems have Headquarters at 3150 Fairview Park for system design and operation. the potential to prevent a large portion Drive, Falls Church, VA 22042, • Identifying stakeholders to sponsor of crashes, they pose unique design telephone (202) 551–1112. and conduct research. issues (e.g., with what priority should FOR FURTHER INFORMATION CONTACT: Examples of potential human factors the alarms be presented). The Michael Perel, Office of Human Vehicle safety concerns that may be discussed at Department of Transportation (DOT) is Performance Research, National the forum include: conducting a large-scale field Highway Traffic Safety Administration, Unintended Consequences: Drivers operational test called Integrated 400 Seventh Street, SW. Telephone may react to the presence of AVST with Vehicle-Based Safety Systems (IVBSS)

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to better understand and evaluate some Current NHTSA Initiatives DATES: You should submit comments by aspects of warning integration (http:// 1 p.m. Crash warning system January 19, 2007. www.its.dot.gov/ivbss/index.htm). interfaces: Human factors insights ADDRESSES: Communications Division, However, more discussion is needed to and lessons learned—Battelle. Office of the Comptroller of the fully address this emerging issue as 1:30 p.m. Integrated Vehicle Based Currency, Public Information Room, increasing numbers of AVST are Safety Systems (IVBSS): Crash Mailstop 1–5, Attention: 1557–0227, brought into vehicles. Warning Integration Challenges— 250 E Street, SW., Washington, DC The meeting will be open to the UMTRI. 20219. In addition, comments may be public with advanced registration on a 1:45 p.m. Cooperative Intersection sent by fax to (202) 874–4448, or by space-available basis. Individuals Collision Avoidance Systems— electronic mail to wishing to register must provide their Virginia Tech. [email protected]. You can name, affiliation, phone number, and e- 2 p.m. Other research. inspect and photocopy the comments at mail address to Aretha Howard at 2:15 p.m. Open Discussion (Entire the OCC’s Public Information Room, 250 Mitretek System at Group). E Street, SW., Washington, DC 20219. [email protected] or by 3 p.m. Afternoon Break. You can make an appointment to phone at (202) 551–1112. The meeting inspect the comments by calling (202) will be held at a site accessible to Future Research 874–5043. individuals with disabilities. 3:15 p.m. Needed research and how do Additionally, you should send a copy Individuals who require we make it happen? of your comments to OCC Desk Officer, accommodations such as sign language 3:30 p.m. Breakout group discussions: 1557–0227, by mail to U.S. Office of interpreters should contact Mike Perel Research needs, methods, metrics, Management and Budget, 725 17th by January 15, 2007. and funding mechanisms. Street, NW., #10235, Washington, DC A final agenda will be placed in the 4:45 p.m. Summary of the Day and 20503, or by fax to (202) 395–6974. meeting docket at a later date. Meeting Next Steps. 5 p.m. Adjourn. FOR FURTHER INFORMATION CONTACT: You can request additional information or a minutes and other information received January 26, 2007 by NHTSA at the forum also will be copy of the collection from Mary available in the meeting docket. Should 8:30 a.m. Complete breakout group Gottlieb, OCC Clearance Officer, or it be necessary to cancel the meeting discussions. Camille Dickerson, (202) 874–5090, due to inclement weather or any other 10 a.m. Review of breakout group Legislative and Regulatory Activities emergencies, a decision to cancel will recommendations. Division, Office of the Comptroller of be made as soon as possible and each 11:30 a.m. Plenary group discussion. the Currency, 250 E Street, SW., registered participant will be notified by Issued on: November 13, 2006. Washington, DC 20219. e-mail. If you do not have access to e- Joseph N. Kanianthra, SUPPLEMENTARY INFORMATION: The OCC mail, you may contact Aretha Howard at Associate Administrator for Vehicle Safety is proposing to extend, without revision, Mitretek for additional information. Research. the approval of the following [FR Doc. E6–19562 Filed 11–17–06; 8:45 am] information collection: Draft Agenda Title: Notice Regarding Unauthorized BILLING CODE 4910–59–P January 25, 2007 Access to Customer Information. OMB Number: 1557–0227. 8 a.m. Registration Description: Section 501(b) of the DEPARTMENT OF THE TREASURY Overview/Introduction Gramm-Leach-Bliley Act (15 U.S.C. 6901) requires the OCC to establish Office of the Comptroller of the 8:30 a.m. Opening Remarks—NHTSA standards for national banks relating to Currency Administrator. administrative, technical, and physical 8:45 a.m. Meeting Background and Agency Information Collection safeguards to: (1) Insure the security and Purpose. Activities: Proposed Information confidentiality of customer records and Collection; Comment Request information; (2) protect against any Status of Advanced Vehicle Safety anticipated threats or hazards to the Technologies and Human Factors AGENCY: Office of the Comptroller of the security or integrity of such records; and Guidelines Currency (OCC), Treasury. (3) protect against unauthorized access 9 a.m. Review of current and future ACTION: Notice and request for comment. to or use of such records or information advanced vehicle safety that could result in substantial harm or SUMMARY: The OCC, as part of its technologies. inconvenience to any customer. continuing effort to reduce paperwork The Interagency Guidelines 9:30 a.m. Review of existing global and respondent burden, invites the Establishing Information Security human factors guidelines for AVST. general public and other Federal Standards, 12 CFR part 30, Appendix B 10 a.m. Human factors research agencies to take this opportunity to (Security Guidelines) implementing directions and future needs: comment on a continuing information section 501(b) require each bank to Industry views. collection, as required by the Paperwork consider and adopt a response program, 10:30 a.m. Break. Reduction Act of 1995. An agency may if appropriate, that specifies actions to not conduct or sponsor, and a be taken when the bank suspects or 10:45 a.m. Human factors research respondent is not required to respond detects that unauthorized individuals directions and future needs: to, an information collection unless it have gained access to customer Government views. displays a currently valid OMB control information. 11:15 a.m. Human factors research number. The OCC is soliciting comment The Interagency Guidance on directions and future needs: concerning its information collection Response Programs for Unauthorized Researchers views. titled, ‘‘Notice Regarding Unauthorized Customer Information and Customer 11:45 a.m. Lunch. Access to Customer Information.’’ Notice (Breach Notice Guidance), which

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interprets the Security Guidelines states and purchase of services to provide 3501–21), Federal agencies must obtain that, at a minimum, a bank’s response information; and approval from the Office of Management program should contain procedures for (f) Whether the estimates need to be and Budget (OMB) for each collection of the following: adjusted based upon banks’ experience information they conduct or sponsor. (1) Assessing the nature and scope of regarding the number of actual security This request for comment is being made an incident, and identifying what breaches that occur. pursuant to Section 3506(c)(2)(A) of the customer information systems and types Dated: November 14, 2006. PRA. of customer information have been Stuart Feldstein, With respect to the following accessed or misused; collection of information, VBA invites (2) Notifying its primary Federal Assistant Director, Legislative and Regulatory Activities Division. comments on: (1) Whether the proposed regulator as soon as possible when the [FR Doc. E6–19511 Filed 11–17–06; 8:45 am] collection of information is necessary bank becomes aware of an incident for the proper performance of VBA’s BILLING CODE 4810–33–P involving unauthorized access to or use functions, including whether the of sensitive customer information; information will have practical utility; (3) Consistent with the OCC’s (2) the accuracy of VBA’s estimate of the DEPARTMENT OF VETERANS Suspicious Activity Report regulations, burden of the proposed collection of AFFAIRS notifying appropriate law enforcement information; (3) ways to enhance the authorities, in addition to filing a timely [OMB Control No. 2900—New (VA Form 29– quality, utility, and clarity of the SAR in situations involving Federal 0812)] information to be collected; and (4) criminal violations requiring immediate ways to minimize the burden of the attention, such as when a reportable Proposed Information Collection collection of information on violation is ongoing; Activity: Proposed Collection; respondents, including through the use (4) Taking appropriate steps to Comment Request of automated collection techniques or contain and control the incident to AGENCY: the use of other forms of information prevent further unauthorized access to Veterans Benefits Administration, Department of Veterans technology. or use of customer information, for Title: Service-Disabled Veterans example, by monitoring, freezing, or Affairs. ACTION: Notice. Insurance—Waiver of Premiums, VA closing affected accounts, while Form 29–0812. preserving records and other evidence; SUMMARY: The Veterans Benefits OMB Control Number: 2900—New and Administration (VBA), Department of (VA Form 29–0812). (5) Notifying customers when Veterans Affairs (VA), is announcing an Type of Review: New collection. warranted. opportunity for public comment on the Abstract: VA Form 29–0812 is This collection of information covers proposed collection of certain completed by claimants who are totally the notice provisions in the Breach information by the agency. Under the disabled to request a waiver of their Notice Guidance. Service-Disabled Veterans Insurance Type of Review: Extension of a Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to policy premiums. currently approved collection. Affected Public: Individuals or Affected Public: Individuals; publish notice in the Federal Register concerning each proposed collection of households. Businesses or other for-profit. Estimated Annual Burden: 1,167 Estimated Number of Respondents: information, including each proposed new collection, and allow 60 days for hours. 2,200. Estimated Average Burden Per Estimated Total Annual Responses: public comment in response to the Respondent: 20 minutes. 2,244. notice. This notice solicits comments for information needed to determine a Frequency of Response: On occasion. Frequency of Response: On occasion. Estimated Number of Respondents: Estimated Total Annual Burden: claimant’s eligibility for disability 3,500. 53,844 hours. insurance benefits. Comments submitted in response to DATES: Written comments and Dated: November 7, 2006. this notice will be summarized and recommendations on the proposed By direction of the Secretary. included in the request for OMB collection of information should be Denise McLamb, approval. All comments will become a received on or before January 19, 2007. Program Analyst, Initiative Coordination matter of public record. Comments are ADDRESSES: Submit written comments Service. invited on: on the collection of information through [FR Doc. E6–19592 Filed 11–17–06; 8:45 am] (a) Whether the collection of http://www.Regulations.gov; or to Nancy BILLING CODE 8320–01–P information is necessary for the proper J. Kessinger, Veterans Benefits performance of the functions of the Administration (20M35), Department of agency, including whether the Veterans Affairs, 810 Vermont Avenue, DEPARTMENT OF VETERANS information has practical utility; NW., Washington, DC 20420 or e-mail AFFAIRS (b) The accuracy of the agency’s [email protected]. Please refer to ‘‘OMB estimate of the burden of the collection [OMB Control No. 2900–0219] Control No. 2900—New (VA Form 29– of information; Proposed Information Collection (c) Ways to enhance the quality, 0812)’’ in any correspondence. During Activity: Proposed Collection; utility, and clarity of the information to the comment period, comments may be Comment Request be collected; viewed online through the Federal Docket Management System (FDMS) at (d) Ways to minimize the burden of AGENCY: Veterans Health http://www.Regulations.gov. the collection on respondents, including Administration, Department of Veterans through the use of automated collection FOR FURTHER INFORMATION CONTACT: Affairs. Nancy J. Kessinger at (202) 273–7079 or techniques or other forms of information ACTION: Notice. technology; FAX (202) 275–5947. (e) Estimates of capital or startup costs SUPPLEMENTARY INFORMATION: Under the SUMMARY: The Veterans Health and costs of operation, maintenance, PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Administration (VHA), Department of

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Veterans Affairs (VA), is announcing an Titles: DEPARTMENT OF VETERANS opportunity for public comment on the a. Application for CHAMPVA AFFAIRS proposed collection of certain Benefits, VA Form 10–10d. [OMB Control No. 2900–0636] information by the agency. Under the Paperwork Reduction Act (PRA) of b. CHAMPVA Claim Form, VA Form 10–7959a. Agency Information Collection 1995, Federal agencies are required to Activities Under OMB Review publish notice in the Federal Register c. CHAMPVA Other Health Insurance concerning each proposed collection of (OHI) Certification, VA Form 10–7959c. AGENCY: Veterans Benefits information, including each proposed d. CHAMPVA Potential Liability Administration, Department of Veterans extension of a currently approved Claim, VA Form 10–7959d. Affairs. collection, and allow 60 days for public ACTION: Notice. comment in response to the notice. This OMB Control Number: 2900–0219. notice solicits comments for information Type of Review: Extension of a SUMMARY: In compliance with the needed to determine eligibility of currently approved collection. Paperwork Reduction Act (PRA) of 1995 persons applying for healthcare benefits Abstract: (44 U.S.C. 3501–21), this notice under Civilian Health and Medical announces that the Veterans Benefits a. VA Form 10–10d is used to Program—VA (CHAMPVA) and to Administration (VBA), Department of determine eligibility of persons adjudicate claims submitted under Veterans Affairs, has submitted the applying for healthcare benefits under CHAMPVA. collection of information abstracted the CHAMPVA program. below to the Office of Management and DATES: Written comments and b. VA Form 10–7959a is used to Budget (OMB) for review and comment. recommendations on the proposed accurately adjudicate and process The PRA submission describes the collection of information should be beneficiaries, claims for payment/ nature of the information collection and received on or before January 19, 2007. reimbursement of related healthcare its expected cost and burden; it includes ADDRESSES: Submit written comments expenses. the actual data collection instrument. on the collection of information through c. VA Form 10–7959c is used to DATE: Comments must be submitted on http://www.Regulations.gov; or to Ann systematically obtain other health or before December 20, 2006. W. Bickoff, Veterans Health insurance information and to correctly ADDRESSES: Submit written comments Administration (193E1), Department of coordinate benefits among all liable on this collect of information through Veterans Affairs, 810 Vermont Avenue, parties. http://www.Regulations.gov; or VA’s NW., Washington, DC 20420; or e-mail: OMB Desk Officer, OMB Human [email protected]. Please refer to d. VA Form 10–7959d is used to Resources and Housing Branch, New ‘‘OMB Control No. 2900–0219’’ in any gather additional information relative to Executive Office Building, Room 10235, correspondence. During the comment the injury or illness as well as third Washington, DC 20503, (202) 395–7316. period, comments may be viewed online party claim information. Please refer to ‘‘OMB Control No. 2900– through the Federal Docket Management Affected Public: Individuals or 0636’’ in any correspondence. System (FDMS) at http:// households, Business or other for-profit. www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Estimated Annual Burden: 19,668 Denise McLamb, Initiative Coordination FOR FURTHER INFORMATION CONTACT: Ann hours. Service (005G1), Department of Veterans W. Bickoff at (202) 273–8310 or FAX a. VA Form 10–10d—4,917 hours. Affairs, 810 Vermont Avenue, NW., (202) 273–9381. b. VA Form 10–7959a—4,717 hours. Washington, DC 20420, (202) 565–8374, SUPPLEMENTARY INFORMATION: Under the FAX (202) 565–7870 or e-mail PRA of 1995 (Pub. L. 104–13; 44 U.S.C. c. VA Form 10–7959c—9,567 hours. [email protected]. Please 3501–21), Federal agencies must obtain d. VA Form 10–7959d—467 hours. refer to ‘‘OMB Control No. 2900–0636.’’ approval from the Office of Management Estimated Average Burden Per SUPPLEMENTARY INFORMATION: and Budget (OMB) for each collection of Respondent: Title: Certification Required from information they conduct or sponsor. a. VA Form 10–10d—10 minutes. Individuals Electing Accelerated This request for comment is being made Payments and Agreement with pursuant to Section 3506(c)(2)(A) of the b. VA Form 10–7959a—10 minutes. Educational Institutions. PRA. c. VA Form 10–7959c—10 minutes. OMB Control Number: 2900–0636. With respect to the following d. VA Form 10–7959d—7 minutes. Extension of a currently approved collection of information, VHA invites collection. comments on: (1) Whether the proposed Frequency of Response: On occasion. Abstract: Claimants electing to receive collection of information is necessary Estimated Number of Respondents: an accelerated payment for educational for the proper performance of VHA’s 119,200. assistance allowance must certify they functions, including whether the a. VA Form 10–10d—29,500. received such payment and how the information will have practical utility; payment was used. The data collected is (2) the accuracy of VHA’s estimate of b. VA Form 10–7959a—28,300. used to determine the claimant’s the burden of the proposed collection of c. VA Form 10–7959c—57,400. entitlement to accelerated payment. information; (3) ways to enhance the d. VA Form 10–7959d—4,000. An agency may not conduct or quality, utility, and clarity of the sponsor, and a person is not required to information to be collected; and (4) Dated: November 7, 2006. respond to a collection of information ways to minimize the burden of the By direction of the Secretary. unless it displays a currently valid OMB collection of information on Denise McLamb, control number. The Federal Register respondents, including through the use Program Analyst, Initiative Coordination Notice with a 60-day comment period of automated collection techniques or Service. soliciting comments on this collection the use of other forms of information [FR Doc. E6–19600 Filed 11–17–06; 8:45 am] of information was published on June 8, technology. BILLING CODE 8320–01–P 2006 at pages 33340–33341.

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Affected Public: Individuals or Research and Development and Clinical qualifications of personnel conducting household. Science Research and Development the studies, the disclosure of which Estimated Annual Burden: 97 hours. Services Scientific Merit Review Board would constitute a clearly unwarranted Frequency of Response: On occasion. will conduct a telephone conference call invasion of personal privacy, as well as Estimated Number of Respondents: meeting from 12 p.m. to 4 p.m. on research information, the premature 743. December 4, 2006, at VA Central Office, disclosure of which could significantly Estimated Annual Responses: 1,167. 1722 I Street, NW., Room 915, frustrate implementation of proposed Dated: November 6, 2006. Washington, DC. agency action regarding such research By direction of the Secretary. The purpose of the Board is to projects. Denise McLamb, provide advice on the scientific quality, budget, safety and mission relevance of As provided by subsection 10(d) of Program Analyst, Initiative Coordination Public Law 92–463, as amended, closing Service. investigator-initiated research proposals submitted for VA merit review a portion of this meeting is in [FR Doc. E6–19602 Filed 11–17–06; 8:45 am] consideration. accordance with 5 U.S.C., 552b(c)(6) BILLING CODE 8320–01–P This meeting will focus on the and (9)(B). Those who plan to attend or clinical research program and will be would like to obtain a copy of the open to the public for approximately minutes of this meeting and roster of the DEPARTMENT OF VETERANS one hour at the start of the meeting to members should contact LeRoy G. Frey, AFFAIRS discuss the general status of the Ph.D., Chief, Program Review (121F), Department of Veterans Affairs, 810 Joint Biomedical Laboratory Research program. The remaining portion of the meeting will be closed to the public for Vermont Avenue, NW., Washington, and Development and Clinical Science DC, 20420 at (202) 254–0288. Research and Development Services the review, discussion, and evaluation Scientific Merit Review Board; Notice of initial and renewal projects. Dated: November 13, 2006. of Meeting The closed portion of the meeting By Director of the Secretary. involves discussion, examination, The Department of Veterans Affairs reference to staff and consultant E. Philip Riggin, gives notice under the Public Law 92– critiques of research protocols. During Committee Management Officer. 463 (Federal Advisory Committee Act) this portion of the meeting, discussion [FR Doc. 06–9280 Filed 11–12–06; 8:45 am] that the Joint Biomedical Laboratory and recommendations will deal with BILLING CODE 8320–01–M

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Part II

Department of Commerce National Oceanic and Atmospheric Administration

15 CFR Part 902 50 CFR Part 679 Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Gulf of Alaska Fishery Resources; Final Rule

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DEPARTMENT OF COMMERCE managed under the FMP. The North addressed in the Response to Comment Pacific Fishery Management Council section of this rule below. The Secretary National Oceanic and Atmospheric (Council) prepared the FMP under the approved Amendment 68 on August 11, Administration authority of the Magnuson-Stevens Act, 2006. 16 U.S.C. 1801 et seq. Regulations NOAA General Counsel reviewed 15 CFR Part 902 implementing the FMP appear at 50 Section 802 and in a February 3, 2005, CFR part 679. General regulations legal opinion to the Council concluded 50 CFR Part 679 governing U.S. fisheries also appear at that: 50 CFR part 600. (1) Section 802 requires the Secretary of [Docket No. 060511126–6285–02; I.D. Commerce (Secretary) and the Council to 050306E] Congress granted NMFS additional specific statutory authority to manage recognize the historic participation of fishing RIN 0648–AT71 vessels and fish processors for specific time rockfish fisheries under the FMP in periods, geographical areas, and rockfish Section 802 of the Consolidated Fisheries of the Exclusive Economic species when establishing the [Program]; and Appropriations Act of 2004 (Public Law (2) Section 802 does not authorize Zone Off Alaska; Allocating Gulf of 108–199; Section 802). In Section 802, recognition of the historic participation of Alaska Fishery Resources Congress required the Secretary in fishing vessels or processors in years other consultation with the Council to than those specified in Section 802. Further, AGENCY: National Marine Fisheries Section 802 defines the range of years, but Service (NMFS), National Oceanic and establish the Program with specific provisions. The Program was developed does not specify that a processor must have Atmospheric Administration (NOAA), actually processed in each of those years in Commerce. and recommended by the Council to order to be eligible to participate in the meet the requirements of Section 802, ACTION: Final rule. [Program]. which states: The opinion by NOAA General SUMMARY: NMFS issues a final rule to SEC. 802. GULF OF ALASKA ROCKFISH Counsel noted further that: implement Amendment 68 to the DEMONSTRATION PROGRAM. Section 802 authorizes the Council and Secretary to develop a program that would Fishery Management Plan for The Secretary of Commerce, in consultation establish ‘‘[American Fisheries Act(AFA)]- Groundfish of the Gulf of Alaska (FMP). with the North Pacific Fishery Management style’’ cooperatives or a program that would Council, shall establish a pilot program that This action implements statutory establish limited entry licenses for processors recognizes the historic participation of provisions for the Central Gulf of Alaska in the [Central GOA] rockfish fishery. fishing vessels (1996 to 2002, best 5 of 7 Rockfish Pilot Program (hereafter However, Section 802 does not authorize the years) and historic participation of fish referred to as the Program). This action establishment of processor shares since they processors (1996 to 2000, best 4 of 5 years) are prohibited under Section 802 of the is necessary to enhance resource for Pacific ocean perch, northern rockfish, [Consolidated Appropriations Act of 2004]. conservation and improve economic and pelagic shelf rockfish harvested in efficiency for harvesters and processors Central Gulf of Alaska. Such a pilot program The legislative history supports the position who participate in the Central Gulf of shall (1) provide for a set-aside of up to 5 that the Council is authorized to consider a broad range of ‘‘appropriate’’ management Alaska (GOA) rockfish fishery. This percent for the total allowable catch of such fisheries for catcher vessels not eligible to schemes, including ‘‘AFA-style’’ action is intended to promote the goals cooperatives, which are specifically and objectives of the Magnuson-Stevens participate in the pilot program, which shall be delivered to shore-based fish processors mentioned in the legislative history. . . Fishery Conservation and Management not eligible to participate in the pilot The Council considered the Act (Magnuson-Stevens Act), the FMP, program; (2) establish catch limits for non- Congressional guidance in the and other applicable law. rockfish species and non-target rockfish development of the Program, DATES: Effective on December 20, 2006. species currently harvested with Pacific particularly in the selection of specific ocean perch, northern rockfish, and pelagic ADDRESSES: Copies of Amendment 68; years on which to base participation, shelf rockfish, which shall be based on and for the ‘‘recognition’’ of processor the final Environmental Assessment historical harvesting of such bycatch species. (EA) and Regulatory Impact Review participation. While NMFS does not The pilot program will sunset when a Gulf have specific authority under the (RIR); Initial Regulatory Flexibility of Alaska Groundfish comprehensive Analysis (IRFA); and Final Regulatory rationalization plan is authorized by the Magnuson-Stevens Act to directly Flexibility Analysis (FRFA) for this Council and implemented by the Secretary, regulate on-shore groundfish processing action may be obtained from the NMFS or 2 years from date of implementation, activities, Section 802 requires NMFS to Alaska Region, P.O. Box 21668, Juneau, whichever is earlier. regulate on-shore processors under this AK 99802, Attn: Ellen Walsh, and on The Council adopted the proposed Program. the NMFS Alaska Region website at Program on June 6, 2005. NMFS Concurrent with the enactment of http://www.fakr.noaa.gov. The proposed published a notice of availability for Public Law 108–199, Section 802, in rule to implement Amendment 68 also Amendment 68 on May 15, 2006 (71 FR 2004, industry representatives for may be accessed at this website. 27984). The public comment period on harvesters and processors developed Written comments regarding the Amendment 68 ended on July 14, 2006. proposed management alternatives for burden-hour estimates or other aspects NMFS received one comment specific to the Program and submitted them to the of the collection-of-information Amendment 68. That comment has been Council for consideration. The Council requirements contained in this rule may addressed in our Response to Comment and NMFS prepared an analytical be submitted to NMFS (at the above section for this rule. On June 7, 2006, document (EA/RIR/IRFA) for the address, and by e-mail to NMFS published a proposed rule to Program that reviewed alternative [email protected] or by fax implement the Program (71 FR 33040). methods to improve the economic to 202–395–7285. The public comment period ended on efficiency in the Central GOA rockfish July 24, 2006. NMFS received nine fisheries. These included (1) status quo FOR FURTHER INFORMATION CONTACT: letters on the proposed rule, including management under the License Glenn Merrill, 907–586–7228 or the letter submitted during the Limitation Program (LLP); (2) the [email protected]. Amendment 68 comment period. These formation of harvester cooperatives each SUPPLEMENTARY INFORMATION: The letters contained a total of 120 unique of which would receive an exclusive groundfish fisheries in the GOA are comments. These comments are annual harvest privilege, with no

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required linkage between the The Program is authorized for two associated with that LLP license. A cooperative and a specific processor, years, from January 1, 2007, until person holding an LLP license can and establishment of a limited number December 31, 2008. The Program receive Rockfish QS if the LLP license of eligible processors; and (3) the provides exclusive harvesting and had a history of primary rockfish preferred alternative, the formation of processing privileges for a specific set of species landings during a specific time harvester cooperatives each of which rockfish species and for associated period associated with the license and would receive an exclusive annual species harvested incidentally to those the person holding the LLP license harvest privilege, with a required rockfish in the Central GOA–an area meets other eligibility requirements. linkage between the cooperative and a from 147° W. longitude to 159° W. Once Rockfish QS is assigned to a qualified processor. longitude. specific LLP license it cannot be divided Currently, rockfish fisheries, and Exclusive harvesting and processing or transferred separately from that LLP many other groundfish fisheries, are privileges are allocated under the license. On an annual basis, a LLP managed under the LLP. The LLP Program for the primary rockfish holder assigns the LLP license and requires harvesters to possess an LLP species. The primary rockfish species Rockfish QS assigned to that LLP license to participate in GOA groundfish are northern rockfish, Pacific ocean license for use in a rockfish cooperative, fisheries, but does not provide specific perch, and pelagic shelf rockfish. limited access fishery, or opt–out exclusive harvest privileges to LLP Secondary species are those species fishery. holders. Harvesters with LLP licenses incidentally harvested during the 2. Establish eligibility criteria for compete with each other for the total harvest of primary rockfish species processors to have an exclusive allowable catch (TAC) amounts fisheries in the Central GOA. The privilege to receive and process primary annually specified for the fisheries. This secondary species for which exclusive rockfish species and secondary species competition creates economic harvesting and processing privileges are allocated to harvesters in this Program. 3. Allow a person holding a LLP inefficiencies. Harvesters increase the allocated include Pacific cod, rougheye license with Rockfish QS to form a fishing capacity of their vessels to rockfish, shortraker rockfish, sablefish, rockfish cooperative with other persons exceed that of other vessels resulting in and thornyhead rockfish. The Program allocates a portion of the (i.e., harvesters) on an annual basis. an accelerated rate of fishing as total GOA halibut mortality limit Each rockfish cooperative receives an fishermen race to harvest more fish than annually specified under § 679.21 to annual cooperative quota (CQ), which is their competitors before TAC amounts participants based on historic halibut an amount of primary rockfish species or halibut mortality limits are reached mortality rates in the primary rockfish and secondary species dedicated to that and the fisheries are closed. Similarly, species fisheries. Halibut is incidentally rockfish cooperative for harvest in a processors increase their processing caught and killed in a number of the given year. Each rockfish cooperative capacity to outcompete other primary rockfish species and secondary also receives an annual CQ that limits processors. These incentives to increase species fisheries. Halibut caught by the amount of halibut PSC the harvesting and processing capacity trawl gear is considered prohibited cooperative can use while harvesting its reduce the ability of harvesters and species catch (PSC) and may not be primary rockfish species and secondary processors to extract additional value retained or sold commercially under species CQ. The amount of CQ assigned from the fishery products because the regulations established under the to a cooperative is a portion of the TACs are harvested and processed authority of the Northern Pacific Halibut annual TAC based on the sum of the quickly. This rapid pace provides few Act of 1982, or under regulations Rockfish QS held by all the harvesters opportunities to focus on quality or implementing the FMP at § 679.21. participating in the rockfish produce product forms that require However, the Program provides cooperative. A rockfish cooperative can additional time but yield greater value. participants a fixed amount of form only under specific conditions. A Additionally, the rapid pace of the incidental halibut mortality through an person holding a LLP license that allows fishery makes management difficult. allocation of halibut bycatch, them to catch and process their catch at Central GOA Rockfish Pilot Program specifically an allocation of the halibut sea (catcher/processor vessel LLP Overview mortality limit. To maintain consistency license) can form a rockfish cooperative with terms currently used by NMFS and with other persons holding catcher/ A detailed overview of the Program is the fishing industry, this halibut processor LLP licenses. A person provided in the preamble to the mortality limit is called a halibut PSC holding a LLP license that allows them proposed rule (71 FR 33040; June 6, limit. only to deliver their catch onshore 2006), and is not repeated here. The The Program allocates harvest (catcher vessel LLP license) can only proposed rule is available via the privileges to holders of LLP groundfish form a rockfish cooperative with other internet and from NMFS (see licenses with a history of legal Central persons holding catcher vessel LLP ADDRESSES). The following section GOA rockfish landings associated with licenses and only in association with provides a brief overview of the those licenses. The allocation of legal the processor to whom those persons Program. landings to an LLP license allows the have historically delivered most of their Program development was initiated holder of that LLP license to participate catch. by trawl industry representatives, in the Program and receive an exclusive 4. Allow rockfish cooperatives to primarily from Kodiak, Alaska, in harvest privilege under certain transfer all or part of their CQ to other conjunction with catcher/processor conditions. Specifically, the Program rockfish cooperatives, with some representatives. They sought to improve will: restrictions. the economic efficiency of the Central 1. Assign rockfish quota share (QS) for 5. Provide an opportunity for a person GOA rockfish fisheries by developing a primary rockfish species to an LLP not in a rockfish cooperative, but who program that establishes cooperatives license with a trawl gear designation holds an LLP license with Rockfish QS, that receive exclusive harvest privileges. endorsed for the Central GOA. Under to fish in a limited access fishery. NMFS These rockfish fisheries are almost the Program, NMFS assigns Rockfish QS will not allocate a specific amount of exclusively harvested by trawl vessels to an LLP license based on the legal fish to a specific harvester in the limited in Federal waters. landings of primary rockfish species access fishery. All harvesters in the

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limited access fishery compete with all factors and avoid dangerous fishing Last, NMFS added the terms ‘‘aggregate other such harvesters to catch the TAC conditions. The Program likely will forage fish,’’ ‘‘skates,’’ and ‘‘other assigned to the limited access fishery. provide greater stability for processors rockfish’’ to the group of species defined The TAC assigned to the limited access by spreading out production over a under ‘‘Non-allocated secondary fishery represents the total amount of longer period. These changes will species.’’ fish assigned to all LLP licenses increase product quality in all sectors. In § 679.4, NMFS clarified the designated for the limited access Cost Recovery and Fee Collection circumstances under which a CQ permit fishery. Provisions assigned to a rockfish cooperative is 6. Establish a small entry level fishery valid, and the effect on a CQ permit for Central GOA rockfish for harvesters Section 304(d)(2)(A) of the Magnuson- once NMFS has approved a rockfish and processors not eligible to receive Stevens Act requires the Secretary to cooperative’s termination of fishing Rockfish QS under this Program. ‘‘collect a fee to recover the actual costs declaration. 7. Allow holders of catcher/processor directly related to the management and In § 679.5, NMFS made minor LLP licenses to opt–out of the Program, enforcement of any...individual fishing clarifications to the rockfish cooperative with certain limitations. quota program [or] community catch report requirement, and deleted a 8. Limit the ability of processors to development quota program.’’ Any reference to a process for amending a process catch outside the communities individual fishing quota (IFQ) program CQ permit to select vessels that are in which they have traditionally must follow the statutory provisions set eligible to fish under the CQ permit. processed primary rockfish species and forth by section 304(d)(2) of the NMFS also established a more flexible associated secondary species. Magnuson-Stevens Act and other rockfish reporting system that allows a 9. Establish catch limits, commonly provisions of the Magnuson-Stevens Act cooperative’s designated representative called ‘‘sideboards,’’ to limit the ability related to cost recovery and fee to determine how and when vessels will of participants eligible for this Program collection for IFQ programs. The Central fish under a CQ permit. Authorized to harvest fish in fisheries other than the GOA rockfish Program does not issue cooperative representatives could Central GOA rockfish fisheries. The IFQ under the same criteria as current ‘‘check-in’’ a vessel when it is fishing Program provides certain economic IFQ programs (i.e., the Halibut and under a CQ permit during the rockfish advantages to harvesters. Harvesters Sablefish IFQ Program). Thus, the cooperative fishing year, and ‘‘check- could use this economic advantage to establishment of a cost recovery out’’ vessels no longer fishing under its increase their participation in other Program is not included in the final fisheries, adversely affecting the rule. However, NMFS and NOAA CQ permit. For administrative participants in other fisheries. General Counsel are reviewing the efficiency, NMFS will constrain the Sideboards limit the total amount of applicability of the Magnuson-Stevens number of times a vessel may check-in catch in other groundfish fisheries that Act provisions on cost recovery and fee and check-out based on the number of can be taken by eligible harvesters to collection to fishery cooperative LLP licenses assigned to that historic levels, including harvests made allocations and other more general cooperative. in the State of Alaska parallel limited access privilege programs. If In § 679.7 NMFS made several groundfish fisheries. These are fisheries subsequent review of the Magnuson- modifications. NMFS clarified that an authorized by the State in its waters Stevens Act indicates that a fee eligible rockfish harvester cannot assign concurrent with the Federal fishery for collection provision is required for their LLP license to more than one which harvest amounts are deducted cooperative allocation privilege rockfish fishery in a year. NMFS also from the Federal TAC. Sideboards limit programs, and the Rockfish Program clarified that an eligible rockfish harvest in specific rockfish fisheries and specifically, NMFS would implement harvester or processor is prohibited the amount of halibut bycatch that can any required provision in a subsequent from participating in the entry level be used in certain flatfish fisheries. regulatory amendment to the Program. fishery, detailed the prohibitions that General sideboards apply to all vessels apply for monitoring provisions in the and LLP licenses with associated legal Summary of Regulation Changes in opt–out fishery, and established landings that can be used to generate Response to Public Comments provisions to complement a rockfish Rockfish QS. Additionally, specific This section provides a summary of cooperative’s designated representative sideboards apply to certain catcher/ the major changes made to the final rule ability to submit vessel check-in and processor and catcher vessels and LLP in response to public comments on the check-out reports to designate fishing licenses. proposed rule. All of the specific under a CQ permit. NMFS deleted the 10. Establish monitoring and changes, and the reasons for making prohibition requiring retention of enforcement provisions to ensure that these changes, are contained under groundfish harvested while fishing harvesters maintain catches within Response to Comments below. The under a sideboard limit. NMFS deleted annual allocations and do not exceed changes are described by regulatory prohibitions applicable to rockfish sideboard limits. section. observer coverage and the catch The Program provides greater security In § 679.2, NMFS adopted a new term monitoring control plan (CMCP) for to harvesters in rockfish cooperatives by ‘‘cooperative quota (CQ),’’ to replace the rockfish entry level processors, and the creating an exclusive harvest privilege. term ‘‘cooperative fishing quota (CQ)’’ to prohibition on having primary rockfish Although individual participants in the reduce confusion with an acronym used species harvested under a CQ permit limited access fishery, opt–out fishery, by the Council in the GOA and rockfish incidentally retained in and entry level fishery do not receive a rationalization program under non-Program vessels aboard a catcher/ guaranteed catch allocation, most development. NMFS also clarified the processor vessel at the same time. harvesters are likely to participate in a definitions of an ‘‘Rockfish entry level In § 679.21, NMFS inserted provisions rockfish cooperative that receives CQ. harvester,’’ ‘‘Rockfish entry level to allow the reapportionment of halibut The Program is anticipated to result in processor,’’ ‘‘Rockfish limited access PSC CQ that is unused by rockfish a slower-paced fishery and enable the fishery,’’ and ‘‘Ten percent or greater cooperatives to the trawl sector after harvester to choose when to fish and direct or indirect ownership interest for rockfish cooperatives have completed therefore take advantage of market purposes of the Rockfish Program.’’ fishing.

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In § 679.28, NMFS clarified that entry rockfish processors; how transfers of CQ Comment 3: Modify the definition in level processors are not required to have are attributed to eligible rockfish § 679.2 of ‘‘Eligible rockfish entry level a CMCP. harvesters in a rockfish cooperative; and processor’’ to limit eligibility to In § 679.50, NMFS reduced observer which fisheries are subject to closure processors not eligible to associate with coverage requirements for catcher/ once a sideboard limit is reached. NMFS a rockfish cooperative. processor vessels fishing in the opt–out inserted the BSAI Pacific cod sideboard Response: NMFS agrees and has fishery, and clarified how observer limit that applies to the catcher vessel modified the definition of an eligible coverage required under the Program sector in a table with other sideboard entry level rockfish processor in § 679.2 affects processor facility observer limited species and deleted redundant to explicitly exclude eligible rockfish coverage requirements in other non- text. NMFS established the halibut PSC processors. Program groundfish fisheries. sideboard limit as a use cap applying to Comment 4: Include skates, aggregate In § 679.80, NMFS clarified that an the entire GOA, not to specific forage fish, and other rockfish in the LLP license is eligible to be assigned management areas in the GOA. Last, definition in § 679.2 of ‘‘Non-allocated Rockfish QS only if a landing was made NMFS clarified the method for species.’’ during the primary rockfish species calculating the amount of groundfish Response: NMFS agrees and has qualifying periods in which rockfish and halibut PSC sideboard limits that changed the definition of ‘‘Rockfish were targeted (i.e., primary rockfish are attributed to rockfish cooperatives, Program species’’ to include these species were the predominant the rockfish limited access fishery, and species. These species are not groundfish catch). Similarly, secondary catcher/processor sector opt–out fishery. specifically allocated under the Program species and halibut PSC is assigned to In § 679.84, NMFS made several and should be included in the definition the catcher/processor or catcher vessel modifications that designate the specific of non-allocated species. sector based on harvests or halibut PSC catch monitoring requirements that Comment 5: The definition of use attributed to specific landings in apply to catcher/processor vessels ‘‘Sideboard limit for purposes of the which primary rockfish species were assigned to the opt–out fishery. Rockfish Program’’ in § 679.2 includes targeted. Further, NMFS clarified that Specifically, NMFS relieved primary rockfish, Pacific cod, and an onshore processing facility must be requirements for scales and an observer halibut. Is Pacific cod included because closed before the processing history sampling station. NMFS also clarified of the sideboard limit for the catcher associated with that facility may be that groundfish harvested or halibut vessel sector in the BSAI in July? transferred. NMFS made minor PSC used under a CQ permit is not clarifications in the formula for Response: Yes. BSAI Pacific cod is debited against groundfish or halibut determining a legal rockfish landing. included in the definition of Sideboard In § 679.81, NMFS made several PSC sideboard limits in July. limit for purposes of the Rockfish modifications and changes in the In Table 28 to part 679, NMFS Program under § 679.2 because it is process and formulas for allocating corrected the closure date for primary subject to a sideboard limit in the Rockfish QS among fishery participants, rockfish species in 1999. In Table 30 to catcher vessel sector. and the allocation of TAC for secondary part 679, NMFS corrected typographic Comment 6: In the definition in species and halibut PSC between the errors in the maximum retainable § 679.2 of ‘‘Ten percent or greater direct catcher vessel and catcher/processor amount (MRA) percentages for other or indirect ownership interest for sectors. These changes clarified species, clarified the rockfish fisheries purposes of the Rockfish Program,’’ proposed regulatory text. NMFS to which the MRA percentages in this NMFS uses the term ‘‘entity’’ to define extended the due date for the table apply, and added an MRA for a ‘‘person.’’ This creates a circular application to join a rockfish thornyhead rockfish in the rockfish definition in the rule. ‘‘Person’’ is cooperative, limited access fishery, or limited access fishery. currently defined in § 679.2 as an opt–out fishery from December 1 of the Response to Comments individual, corporation, or other entity. year prior to fishing to March 1 of the The new definition of ‘‘entity’’ includes year in which fishing occurs. NMFS Comment 1: The use of the CFQ ‘‘persons.’’ clarified that CQ inter-cooperative acronym for ‘‘cooperative fishing quota’’ Response: NMFS agrees. Although the transfers must be approved by the is likely to be very confusing to the existing definition of an ‘‘entity’’ eligible rockfish processor with whom public because several Council actions contained within the definition of ‘‘Ten that rockfish cooperative is associated. under consideration refer to percent or greater direct or indirect NMFS made several clarifications on the ‘‘community fisheries quota’’ as ownership interest for purposes of the process of forming a rockfish ‘‘CFQs.’’ Rockfish Program’’ effectively includes cooperative, specifically to requirements Response: NMFS agrees and has the definition of a ‘‘person’’ as that term establishing the amount of Rockfish QS changed Cooperative Fishing Quota is currently defined in § 679.2, it may that must be assigned to a rockfish (CFQ) to Cooperative Quota (CQ) to reduce confusion to use the term cooperative before it can form. NMFS avoid confusion that may result from ‘‘person’’ rather than ‘‘entity.’’ NMFS specified the associations that can form the use of the same abbreviation as has notes that because the current definition between eligible rockfish harvesters and been used to describe‘‘community of ‘‘person’’ in § 679.2 includes an processors. NMFS deleted provisions fishing quotas.’’ ‘‘entity,’’ any of the descriptions of an concerning the transfer of processor Comment 2: Modify the definition in ‘‘entity’’ provided in the proposed rule, eligibility, requirements on providing § 679.2 of ‘‘Eligible rockfish entry level specifically an association, partnership, corporate ownership information on harvester’’ to limit eligibility to joint-stock company, trust, or any other inter-cooperative CQ transfer forms, and harvesters not eligible to enter a rockfish type of legal entity; any receiver, trustee provisions requiring modification of the cooperative. in bankruptcy or similar official or CQ permit to add or delete the vessels Response: NMFS agrees and has liquidating agent; or any organized fishing under that permit. modified the definition of an eligible group of persons whether incorporated In § 679.82, NMFS clarified the entry level rockfish harvester at § 679.2 or not, is presumed to be included in calculation of use caps applicable to and in § 679.80(b)(2) to explicitly the existing definition of a ‘‘person’’ in catcher vessel cooperatives and eligible exclude eligible rockfish harvesters. § 679.2.

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Comment 7: It has always been the is fully fished. Modify the section in subject to monitoring and enforcement vision of the Kodiak rockfish fishery two ways. First, if quota is issued it will requirements that apply while fishing participants that the linkages between always be for ‘‘primary species, under a CQ permit. However, those eligible rockfish harvesters and secondary species, and halibut PSC.’’ vessels would still be subject to processors may need to be modified Under no circumstances will quota be monitoring and enforcement provisions somewhat. Thus, the rule needs to issued for one of these without the other applicable for sideboard management in incorporate adequate flexibility to (modify (n)(1)(i)). And, second, the July. Cooperative managers may wish to accommodate transfers of LLPs between permit should remain valid until all ensure that all vessels assigned to that cooperatives during initial cooperative amounts of all species are fully fished. rockfish cooperative are checked out formation and the time period Quotas are tradable and any amount prior to submitting the termination of afterwards, on the condition that the should remain usable, if it is not fished fishing declaration. affiliated processor and the harvester (modify (n)(1)(ii)(B) and (C)). Comment 10: Section 679.4(n)(2)(v) members of the cooperative agree. Response: NMFS agrees. The intent of notes that all CQ on the permit is set to Response: The linkages between the this provision is to ensure that a CQ zero when the termination of fishing legal rockfish landings attributed to an permit is valid until the amounts of declaration is approved. If this occurs LLP license to a specific eligible primary species, secondary species, and before the residual CQ is transferred, rockfish processor were specifically halibut PSC have been fully used by the does the rockfish cooperative lose their recommended by the Council. However, rockfish cooperative holding that CQ CQ allocation? requiring a vessel to deliver to a specific permit. The regulations at Response: Yes. If a rockfish processor when fishing under a CQ § 679.4(n)(1)(ii)(B) have been modified cooperative submits and NMFS permit based on the LLP license used by to more clearly state that a CQ permit approves its declaration to terminate that vessel may limit vessel operators is valid until all amounts of all primary fishing prior to NMFS approving an from coordinating with specific species, secondary species, and halibut inter-cooperative transfer submitted by processors. PSC CQ have been fully used. This that rockfish cooperative, the CQ The Program does not modify current modification ensures that the CQ permit amount remaining is extinguished. If a provisions for the transfer of LLP for all species is not invalidated because rockfish cooperative wishes to transfer licenses, nor were such provisions the CQ amount for one species has been CQ, it should submit its transfer recommended by the Council. LLP reached. This modification does not application prior to its declaration to license holders may continue to transfer relieve restrictions at § 679.7(n)(7)(i) terminate fishing. LLP licenses to a new LLP holder under that prohibit a rockfish cooperative from Comment 11: Section 679.5(r)(7)(i) § 679.4(k)(7). Rockfish cooperatives do exceeding its CQ amount for any incorrectly cites § 679.4(m). This not hold LLP licenses, eligible rockfish species. Section 679.4(n)(1)(ii)(C) has citation refers to the Aleutian Island harvesters do. LLP licenses are not been removed and the contents of pollock fishery. transferred among rockfish cooperatives § 679.4(n)(1)(ii)(D) have been combined Response: NMFS agrees and has and transfers are not subject to approval with § 679.4(n)(1)(ii)(B). Sections corrected the citation in § 679.5(r)(7)(i) by an eligible rockfish processor. 679.4(n)(1)(ii)(D) through (G) have been from § 679.4(m) to § 679.4(n) to refer to However, the regulations do not require renumbered accordingly as the Program. an eligible rockfish harvester to assign a § 679.4(n)(1)(ii)(C) through (E). Comment 12: Section 679.5(r)(7)(i) vessel to the same rockfish cooperative Comment 9: Section 679.4(n)(2) requires all vessel operators under the as the LLP license. allows a rockfish cooperative to Program to file rockfish cooperative For example, if an LLP license holder extinguish its CQ permit by submitting catch reports. This provision should wished to assign the Rockfish QS to a a declaration of termination of fishing apply only to vessels assigned to specific rockfish cooperative, that form to NMFS, which has to be rockfish cooperatives. eligible rockfish harvester would submit reviewed and approved. How long will Response: NMFS agrees and has an application for CQ as described in this take and what happens in the modified § 679.5(r)(7)(i) to clearly § 679.81(e)(4). If that same eligible meanwhile? If the CQ permit is still indicate that only vessel operators rockfish harvester wished to have his active, do the sideboard restrictions and whose vessels are designated to receive vessel named on a different LLP license monitoring and enforcement catch under a CQ permit are required to as one of the vessels eligible to harvest requirements still apply? Please submit a rockfish cooperative catch fish under the CQ for another expedite this process so vessels are not report. cooperative, that eligible rockfish stuck with unnecessary limits when Comment 13: Section 679.5(r)(8)(ii)(B) harvester could list the vessel under a they are done with the cooperative notes that annual rockfish cooperative CQ permit for another cooperative and fishery? reports are due by December 15th. Is the deliver catch harvested by that vessel to Response: NMFS intends to process time estimated for completing the report a different eligible rockfish processor. all termination of fishing declarations in consistent with AFA and Crab The vessel would continue to be subject a timely manner. Processing times for Rationalization Program requirements? to existing requirements to maintain a the declarations will be short, several Response: Yes, the time required to valid LLP license onboard the vessel. days at the most. Until the application complete the annual rockfish This arrangement would allow eligible is approved, the vessel fishing under a cooperative report is similar to that rockfish harvesters to separate vessel CQ permit will continue to be subject to under the AFA and Crab Rationalization operations from the rockfish cooperative the sideboards and necessary Program. The information collected in to which an LLP license is assigned. monitoring and enforcement the report is similar to that required This provides considerable flexibility requirements. As is noted under the under the AFA and Crab Rationalization for vessel operators. response to Comment 50, cooperative Program annual cooperative report. Comment 8: Paragraph (n) of § 679.4 representatives may choose to check a Comment 14: Section 679.7(n)(1)(iv) suggests that quota is for ‘‘primary or vessel out at the end of a fishing trip. requires full retention of any groundfish secondary species’’ and ‘‘halibut PSC’’ Once a vessel is checked out, if no other caught by a vessel that is subject to a and that the permit is no longer valid if vessel is checked in, vessels assigned to sideboard limit as described at the primary or secondary species or PSC a rockfish cooperative would not be § 679.82(d) through (h), as applicable, if

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directed fishing for that groundfish that trip-by-trip declarations are made to Comment 18: Paragraph (n) of § 679.7 species in that area is authorized. Does ensure proper accounting of catch and does not appear to be a clear prohibition this require full retention of sideboarded adequate monitoring. Declared rockfish on eligible harvesters participating in species? Why is this broad statement trips would be subject to different the entry level fishery, or eligible even in the rule? accounting and monitoring. processors taking deliveries from the Response: The intent of this provision Response: NMFS agrees in part. entry level fishery. The provision in was to ensure that groundfish subject to NMFS has modified this prohibition to § 679.7(n)(5) suggests that eligible a sideboard limit under § 679.82(d) clearly state that an LLP license may not processors can take deliveries from the through (h) are retained and counted be used in ‘‘any Rockfish Program entry level fishery. Only ineligible against the sideboard limit. The fishery’’ other than the Rockfish processors can take entry level groundfish subject to a sideboard limit Program fishery to which that LLP deliveries. These prohibitions could be are listed in § 679.82(d)(6) and include license was originally assigned. The included here. rockfish species in the Western GOA intent of this prohibition was not to Response: NMFS agrees. Although the and West Yakutat District, and Pacific limit the ability of Program participants definitions of an ‘‘eligible entry level cod in the BSAI for vessels in the from engaging in non-Program fisheries. rockfish harvester’’ and ‘‘eligible entry catcher vessel sector. Flatfish that are This modification makes clear the intent level rockfish processor’’ in § 679.2 have harvested in the GOA are not subject to of this provision is to limit the ability been modified to more explicitly a groundfish limit; rather, the harvest of of an eligible rockfish harvester to use exclude ‘‘eligible rockfish harvesters’’ flatfish is restricted by halibut PSC his LLP license to fish in more than one and ‘‘eligible rockfish processors,’’ sideboard limits established under Rockfish Program fishery in a calendar respectively, from participating in the § 679.82(d)(8). This provision does not year (i.e., fishing under a CQ permit for entry level fishery as detailed in require vessels to retain all flatfish a rockfish cooperative, limited access § 679.83, a prohibition would further harvested during July. fishery, opt–out fishery, entry level clarify this issue. This prohibition This provision was intended to ensure trawl fishery, or entry level longline would also be consistent with the that NMFS accurately accounts for the gear fishery). Fishing in more than one description of the eligibility to total catch in a sideboard limited of these fisheries would undermine the participate in the entry level Rockfish groundfish fishery. Full retention would ability of NMFS to effectively manage Program fishery in the preamble to the ensure that all catch is fully counted. cooperatives and the limited access proposed rule at 71 FR 33064, which However, NMFS can obtain information fishery because Rockfish QS must be states that ‘‘the Program would establish from groundfish discard rates using assigned to specific fisheries at the start an entry level fishery for all persons observer data. All vessels subject to of each fishing season to properly who are not eligible rockfish harvesters sideboard limits in July will have allocate fishery catch limits. or processors.’’ observer coverage. This observer The portion of the comment relating These new prohibitions are inserted coverage is sufficient to monitor any to catch accounting of vessels on a trip- in § 679.7(n)(1)(vi) and (vii) and state amount of discards of groundfish and by-trip basis is addressed in response to that it is prohibited to receive any include discard estimates in the total Comment 50. primary rockfish species harvested in harvest of a groundfish species subject Comment 17: Section 679.7(n)(1)(v) the entry level rockfish fishery if that to a sideboard limit. Thus, NMFS is not appears to prevent a non-trawl entry person is an eligible rockfish processor, requiring the full retention of level vessel from fishing in fisheries or harvest any primary rockfish species groundfish harvested that are subject to other than the Rockfish Program fishery in the entry level rockfish fishery if that a sideboard limit by deleting the from January 1 until the entry level person is an eligible rockfish harvester. prohibition in § 679.7(n)(1)(iv) and fishery closes (possibly in November). Comment 19: Section 679.7(n)(2)(ii) renumbering § 679.7(n)(1)(v) through This provision will make the entry level requires a catcher/processor vessel in § 679.7(n)(1)(vii) as § 679.7(n)(1)(iv) fishery impracticable for all non-trawl the limited access fishery to meet the all through § 679.7(n)(1)(vi). vessels. Managers should be able to monitoring and enforcement Comment 15: Section 679.7(n)(1)(iv) account catch against the non-trawl requirements from July 1 until directed states that vessel operators must retain entry level TAC in a manner similar to fishing for all primary rockfish targets any groundfish caught by a vessel that that currently used. Additionally, for the limited access fishery are closed. is subject to a sideboard limit as § 679.7(n)(1)(v) seems overly broad with Catcher/processor vessels with less than described § 679.81(d) through (h) if respect to trawl entry level and trawl 5 percent of the aggregate Pacific ocean directed fishing for that groundfish limited access vessels. Those fisheries perch Rockfish QS allocation can fish in species in that area is authorized. It is open in May and July respectively and the Bering Sea or in other GOA unclear in this provision whether will likely close shortly after opening. fisheries. Those catcher/processor retention is required only for GOA This provision seems to limit the ability vessels should be able to forego the rockfish species and BSAI Pacific cod of those vessels to participate in any monitoring and enforcement which are catch side-boarded, or if this other fishery during the year. In requirements if they are not fishing in provision also applies to flatfish species addition, a vessel should be able to the Program. since they are side-boarded via deep withdraw from these fisheries at any Response: Nothing in the FMP or and shallow halibut sideboards caps. time with notice to the agency. Council motion recommending this Response: NMFS has addressed this Response: Under the clarification action indicates that catcher/processor comment in the response to Comment made in response to Comment 16, vessels using LLP licenses with less 14. NMFS will only require that if a vessel than 5 percent of the Pacific ocean Comment 16: Section 679.7(n)(1)(v) is directed fishing in a specific Rockfish perch Rockfish QS in the catcher/ prohibits use of an LLP license in ‘‘any Program fishery as defined in § 679.2 processor sector are relieved of the fishery’’ other than the rockfish fishery (e.g., entry level longline gear fishery), monitoring and enforcement to which it is assigned. To the extent it cannot directed fish in another requirements that apply to other that this prevents a rockfish vessel from Rockfish Program fishery (e.g., entry catcher/processor vessels. If a catcher/ fishing other species, this is inconsistent level trawl fishery) in the same calendar processor vessel is fishing in the limited with the analysis. The analysis suggests year. access fishery, or fishing in July and

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subject to a sideboard limit, that vessel that comes with these bycatch reduction non-Program deliveries. This is subject to the monitoring and efforts. clarification does not modify the enforcement requirements established Response: NMFS agrees. If a rockfish existing regulations. for that sector (See § 679.82(d) through cooperative has not fully used its Comment 24–2: Present regulations (h)). allocation of halibut PSC CQ in a year, require specific coverage levels based on Comment 20: Section 679.7(n)(7)(i) or if that rockfish cooperative submits a processing volumes. For example, if a prohibits exceeding the amount of CQ termination of fishing declaration, that plant processes less than 500 mt of assigned to a rockfish cooperative. Can portion of the halibut PSC not used in groundfish in a month, then no observer the CQ amount assigned to a rockfish the Program could be reallocated for use coverage is required. We are assuming cooperative be amended by a in other non-rockfish fisheries. This is that rockfish deliveries would not count documented transfer from another consistent with the overall goals of towards the processing volume level rockfish cooperative? halibut PSC management to apportion and therefore would not trigger observer Response: Yes. Rockfish cooperatives halibut by gear type. To facilitate the requirements for other groundfish can increase or decrease the amount of management of this ‘‘roll-over’’ NMFS deliveries. We also assume that rockfish CQ held by engaging in inter- will allow halibut PSC remaining after observer coverage would not count cooperative transfers. See November 15, or after a cooperative has towards meeting the observer § 679.81(i)(4)(iii) for additional details. submitted a declaration to terminate requirements for other groundfish Comment 21: Paragraphs (n)(7)(iv) fishing, to be reallocated to the final delivery requirements. Is this the agency and (vi) of § 679.7 prohibit fishing with seasonal apportionment of halibut PSC intent? a CQ permit if there are non-CQ fish on for use by trawl gear in the GOA. Response 24–2: The intent of the board. This means a catcher/processor Currently, the final season for halibut regulations is to ensure that non- will have to offload prior to entering a PSC apportionment begins on October 1. Program deliveries count for non- Rockfish Program fishery, and prior to NMFS will review termination of Program coverage, but deliveries of completing fishing under a Rockfish fishing declarations and allow halibut Program groundfish would not be Program fishery and beginning fishing PSC remaining to be redistributed for counted for purposes of meeting in a non-Program groundfish fishery. If general use beginning on October 1. minimum observer coverage a vessel chooses to leave and enter a After November 15, any remaining requirements for non-Program Rockfish Program fishery multiple times halibut PSC allocated to rockfish groundfish. Any non-Program deliveries it would be forced to offload repeatedly. cooperatives will be available for that occur when the Program observer is Offloads require several days away from general use by vessels using trawl gear. present at that processing facility during the grounds and several thousand NMFS has modified regulations at that calendar day will be counted dollars worth of fuel. The level of § 679.21(d)(5)(iii) to allow this towards the non-Program observer monitoring and enforcement required is reapportionment of unused halibut PSC, coverage requirements for that month. more than adequate to determine what and has modified regulations at NMFS has clarified the provisions of fish was landed while in the Program. § 679.4(n)(2)(v) to clarify that once a § 679.50(d)(7)(iv) to define the Requiring the offload is expensive and rockfish cooperative termination of accounting of observer coverage. unnecessary. fishing declaration has been submitted, Comment 24–3: There may be times Response: NMFS agrees, the halibut PSC that was allocated as that a processor will not need a rockfish § 679.7(n)(7)(iv) is modified to apply CQ, is reapportioned to the trawl sector observer for an entire 12 hour period. only to catcher vessels, and according the provisions of the new Can the processor use this observer for § 679.7(n)(7)(vi) is removed. This § 679.21(d)(5)(iii)(B). other groundfish deliveries if the 12 effectively authorizes a catcher/ Comment 23: The title of § 679.50 hour limit has not been reached? processor vessel to have species states that the Groundfish Observer Response 24–3: If a Program observer harvested under a CQ permit and those Program is applicable through December is not needed to observe Program not harvested under a CQ permit 31, 2007. Is this the current expiration deliveries during an entire 12 hour onboard the vessel at the same time. date of the Observer Program? period, that processor may use this Therefore, if a catcher/processor vessel Response: At its June, 2006 meeting, observer for other non-Program checked-out while at sea at the end of the Council recommended removing the groundfish deliveries. During periods a week-ending date, it would not need December 31, 2007, expiration date. when an observer is monitoring both to offload prior to fishing in other non- NMFS currently is drafting a proposed Program and non-Program deliveries, Program fisheries. This comment is rule that would remove this expiration the observer coverage on non-Program more fully addressed in response to date. That rulemaking will be part of a catch may apply toward their observer Comment 50. separate action. requirements. Comment 22: There should be a Comment 24: There are several Comment 24–4: Is it possible that the mechanism to make halibut PSC CQ questions regarding the new processor can use an observer for unused by rockfish cooperatives requirements for plant observers: monitoring Program deliveries and after available to other trawl target fisheries. Comment 24–1: When are an 12 hours use that same observer for Halibut PSC could be released back to observer’s duties considered complete? other groundfish observer requirements? the open access trawl fisheries either Response 24–1: Daily observer Response 24–4: Yes. At the end of a when the rockfish fishery closes on coverage begins when the first rockfish 12 hour period during a calendar day, November 15, or when the CQ permit is delivery occurs and ends 12 hours later a Program observer cannot observe any revoked through an approved rockfish regardless of the nature of the deliveries more Program deliveries until the next cooperative termination of fishing (i.e., Program or non-Program deliveries) calendar day. However, that observer declaration. If the remaining halibut during that period. Program deliveries could monitor deliveries in other non- PSC were made available to the other after that 12 hour time in the calendar Program groundfish fisheries subject to trawl target fisheries, it would offer an day will require a second observer. existing observer coverage requirements. incentive for the rockfish cooperatives Other non-Program deliveries may occur Comment 24–5: Is it the intent of the to work toward minimizing halibut PSC after this 12 hour period has lapsed and observer program to use vessel observers CQ use and bearing the additional cost the observer may decide to sample those to monitor the entire vessel offload?

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Response 24–5: No. Program observers Response: NMFS disagrees. Level-two opening qualifies an LLP license for the onboard vessels are limited to collating certified observers are trained in at-sea Program. The provision should provide their at-sea sample data and sample station requirements, at-sea that an LLP license is qualified to transmitting these data to NMFS from motion compensated scale testing, and participate in the Program and receive shore. observer duties at-sea under the AFA Rockfish QS only if it has a targeted Comment 25: While industry and CDQ Program. Training for level- legal rockfish landing during a directed understands that monitoring and two observers does not include new fishery, where a legal rockfish landing is enforcement of a quota share program is duties for shoreside vessel and plant considered to be targeted only if the important for managers and observers under the Program. Any catch of the primary species was the conservation, the 100 percent observer shoreside duties for level-two observers predominant catch in that trip. coverage requirement for the vessels are specific to CDQ Program Response: NMFS agrees. Clarifying creates a large financial burden for requirements. Species identification and that an LLP license is eligible to them. The Program is complicated sampling methodologies for the participate in the Program and receive because of the number of QS species shoreside component are covered Rockfish QS only if primary rockfish required to accommodate the mixed during the three week training course species were the predominant catch in nature of the fishery. However, Program that all certified observers receive. at least one legal rockfish landing will observer requirements are the highest Comment 27: The preamble to the reduce any potential claims for standard ever imposed on a small proposed rule (71 FR 33044) on pages assigning Rockfish QS to LLP licenses catcher vessel fleet in the North Pacific 33065 and 33068, state that the observer based on legal rockfish landings that are and are more restrictive than the coverage requirements for shoreside attributed to incidental harvest in other requirements for the halibut IFQ fleet processors apply to those processors groundfish fisheries. This is also and the AFA pollock fleet. Both taking rockfish deliveries from all consistent with the intent of the Council industry and managers must develop categories of harvesters, including those as described in Section 3.3.1.1 of the creative solutions that meets monitoring in the entry level fishery. However, the Council motion recommending this and enforcement requirements but that proposed modifications to action. Section 3.3.1.1 indicates that are affordable for industry participants. § 679.50(c)(7)(ii) of the proposed rule targeted catch should be used to The Program offers the appropriate listing the catcher vessel categories determine whether an LLP license is environment to experiment with subject to additional shoreside eligible to be used to participate in the creative solutions to find a way to processor observer coverage Program. NMFS has modified reduce the monitoring and enforcement requirements does not include entry § 679.80(b)(1)(i)(B) to require that an costs for this and other quota programs. level harvesters. Entry level processors LLP license is eligible to qualify to taking deliveries from entry level receive Rockfish QS only if it is Response: NMFS agrees that the harvesters, particularly small longline assigned a legal rockfish landing of any continued investigation of innovative gear vessels, should not be subject to primary rockfish species in which the solutions to the monitoring and these observer requirements added by sum of the catch of all primary rockfish enforcement issues associated with a the implementation of a Program for species for that legal rockfish landing complex quota-based program and suite which they are not eligible. exceeded the catch of all other of species such as rockfish is critical Response: NMFS agrees. Entry level groundfish according to the official and we will continue to actively work processors are expected to only take a rockfish record. with the fishing industry to investigate few deliveries that result from a modest NMFS modified the criteria for new approaches. However, at this time amount of catch, and NMFS expects that establishing eligibility to participate in no feasible alternative to 100 percent current monitoring requirements will be the entry–level fishery under observer coverage exists that can ensure sufficient to meet data needs. The page § 679.80(b)(2)(iii) to indicate that a that all catch is accounted for against of the proposed rule preamble person cannot participate in the entry the quotas. NMFS agrees that referenced in the comment (71 FR level fishery if that person holds an LLP monitoring requirements, including 33065) is inconsistent with the license with landings attributed to it observer coverage levels proposed for requirements of § 679.50(d)(7). that reflect a directed rockfish target the Program, are more stringent than Additionally, NMFS notes that without fishery and that person is otherwise those imposed on either the halibut and a dedicated rockfish observer present to eligible to receive Rockfish QS. sablefish IFQ fleets or the AFA pollock monitor the sorting and weighing at the This comment also indirectly fleet. However, NMFS notes that neither plant, a CMCP is not a functional addresses the allocation of secondary of these programs are multispecies monitoring tool. Therefore, NMFS species and halibut PSC between the fisheries, nor is the ability to fully removed the provisions at § 679.84(e) catcher/processor and catcher vessel harvest quotas potentially constrained that require a CMCP for an rockfish sector by noting that targeted catch is by the availability of halibut PSC. This entry level processor. NMFS modified the basis for determining eligibility to constraint distinguishes the Program § 679.7(n)(6) to limit this provision to participate in the Program and receive from all other quota-type programs catcher vessels delivering catch under a allocations. NMFS has modified developed to date and results in the CQ permit, or in the rockfish limited § 679.81(b)(2) and (b)(3) to allocate an need for the more rigorous monitoring access fishery. NMFS notes that these amount of secondary species to the and enforcement standards than have changes do not relieve processing catcher/processor and catcher vessel been imposed in previous programs. facilities receiving entry level fishery sectors based on secondary species that Comment 26: The rockfish fishery is catch from other monitoring and were harvested during the directed probably one of the most complicated enforcement requirements that may fishing seasons for primary rockfish fisheries to observe for species apply to those facilities while receiving species in which the sum of the catch identification and catch monitoring. We or processing fish in other fisheries. of all primary rockfish species for that believe that lead level-two observers Comment 28: Section legal rockfish landing exceeded the should be required for the shoreside 679.80(b)(1)(i)(B) of the proposed rule catch of all other groundfish. This vessels and processors, as is required for provides that a landing of a primary modification is consistent with the the catcher processor fleet. species during a directed fishery Section 3.3.1.2 of the Council motion

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recommending this action which states Response: NMFS agrees. Section 5.4 which LLP holders may form a rockfish that ‘‘secondary species history is of the Council motion notes that ‘‘[i]f a cooperative in association with that allocated based on retained catch over processing facility has closed down and processor. The four qualifying years for retained catch while targeting the another processing facility has acquired the permit could be different from the primary rockfish species.’’ This that processing history through processing years chosen by the clarification also is consistent with data purchase, the history belongs to the processor to determine fleet presented in Table 27 in the final EA/ facility that purchased that history.’’ associations. The Council intended to RIR prepared for this action. The Council’s intent is best met by provide processors the flexibility to use Similarly, NMFS has modified limiting transfers of processing history two different sets of years; one set of § 679.81(c)(2) and (c)(4) to allocate an to two cases: one in which the years to qualify as an eligible rockfish amount of halibut PSC to the catcher/ processing history can only be processor, and one set of years to processor and catcher vessel sectors transferred with the sale of the determine which LLP licences may form based on halibut PSC that was used processing facility at which that catch rockfish cooperatives in association during the directed fishing seasons for history was earned; and the other is to with that processor. primary rockfish species in which the limit the transfer of processing history Response: NMFS will compute sum of the catch of all primary rockfish separate from the sale of the processing whether a processor is an eligible species for that legal rockfish landing facility at which that history was earned rockfish processor by determining exceeded the catch of all other only in the specific case in which the whether the minimum processing groundfish. This modification is eligible processing facility at which that tonnage requirement is met in each of consistent with the Section 3.3.1.3 of processing history was earned is closed. any four of five years from 1996 through the Council motion recommending this NMFS defines a ‘‘closed’’ facility as a 2000 as described under § 679.80(c)(1). action which states that halibut PSC facility which has not been issued a This decision is not subject to the allocations between the catcher/ Federal Processor Permit (FPP). An FPP discretion of the eligible rockfish processor and catcher vessel sector is required for any groundfish processor; either the minimum ‘‘will be based on historic average usage, processing, and NMFS can easily processing requirements are met or they calculated by dividing the total number ascertain whether a facility was are not. Once NMFS determines that a of metric tons of halibut mortality in the operating by reviewing its records. processor meets these requirements, the CGOA rockfish target fisheries.’’ This Other definitions of a ‘‘closed’’ facility eligible rockfish processor may select clarification also is consistent with data may be subject to greater uncertainty the four of five years from 1996 through presented in Table 28 in the final EA/ and interpretation and could create 2000 to establish how that processor RIR prepared for this action. additional administrative burdens. may associate with a catcher vessel Comment 29: Paragraphs (b)(3) NMFS clarifies that a facility remains rockfish cooperative. These years may through (b)(5) of § 679.80 should note closed if it did not receive an FPP at the differ from those used by NMFS to that the assignment of legal rockfish time that the processing history had determine the processor’s eligibility to landings for secondary species to the been transferred to another person participate in the Program. The rule has sector occurs only if the LLP license is through the express terms of a written not been modified. eligible for the Program. contract. Comment 32: In § 679.80 paragraph Response: NMFS agrees. NMFS would NMFS has modified § 679.80(c)(2)(ii) (f)(3)(ii)(E) uses the phrase ‘‘multiplying only assign legal landings to an LLP to note that processing history, and the Percentage of the Total of the Total’’ license if that LLP license was eligible therefore eligibility to participate as an which appears to be a typographic error. to be used in the Program under the eligible rockfish processor, must have Response: NMFS agrees and has criteria listed in § 679.80(b)(1). These been transferred by a clear and removed the second phrase ‘‘of the criteria prevent NMFS from assigning a unambiguous contract, and that the Total.’’ This is a minor typographical legal landing to an LLP license that is processor from which this history was error that does not substantively affect not held by an eligible person. For transferred must be closed. NMFS has this provision. clarity, NMFS notes that an LLP license modified § 679.80(d)(4)(ii) to note that Comment 33: Paragraph (f)(3)(ii) of must be eligible to have legal landings any transfer of processing history must § 679.80 refers to the calculation of attributed to it under § 679.80(b)(3), meet the requirements described at Rockfish QS based on ‘‘a percentage of (b)(4)(ii), and (b)(5)(ii). The allocation of § 679.80(c)(2)(ii). Once transferred, any legal rockfish landings’ in that sector’’. secondary species to the catcher/ processing history, and resulting status This section should state the ‘‘Rockfish processor and catcher vessel sector is as an eligible rockfish processor, must QS for a sector’’ is based on a percentage discussed further in the response to be used to receive and process of legal rockfish landings in that sector. Comment 28. groundfish under a CQ permit, or in the Response: NMFS agrees. NMFS has Comment 30: Paragraph (c) of § 679.80 limited access fishery, in the modified § 679.80(f)(3)(ii) to more should more clearly note that processing community where the processing clearly state that the amount of Rockfish history transfers that are separate from history was originally earned (see QS issued for a sector is based on the the plant ownership only apply if the provisions at § 679.7(n)(6)). That percentage of legal landings of eligible facility has closed and the purchaser community is designated on the harvesters in that sector. The provision remains in the same community. application to participate in the that follows at § 679.80(f)(3)(iii) Paragraph (d)(4)(ii) of § 679.80 should Rockfish Program (see describes the process of deriving limit the transfer of processing history. § 679.80(e)(4)(ii)(C)). Rockfish QS from each eligible LLP In general, a processing facility is Comment 31: For a processor to license and allocating Rockfish QS to eligible if it meets the processing criteria qualify for a processing permit they that sector. and its processing history remains must have processed at least 250 mt of Comment 34: I do not understand the attached to its originating facility, primary rockfish species for at least four calculation in § 679.80(f)(3)(iii)(F). unless the facility is closed. If a facility years from 1996 through 2000. Should the total amount of Rockfish QS is closed, the history can only be Additionally, a processor would assigned to an LLP license in the transferred to a facility in the determine the four of five years from catcher/processor sector be the sum of community. 1996 through 2000 used to determine the Rockfish QS units, by species,

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calculated for catcher/processor LLPs access fishery to use halibut PSC from vessels while those vessels were under § 679.80(f)(3)(iii)(E)? the overall trawl halibut PSC limit could targeting rockfish. Include a targeting Response: No, the calculation in allow the limited access fishery to use requirement. § 679.80(f)(3)(iii)(F) multiplies the far more halibut PSC than would be Response: NMFS agrees. To reduce percentage of the total legal landings for allocated as halibut PSC CQ had limited inconsistency with the Council intent, a specific LLP license in a specific access vessels joined cooperatives. specifically Section 3.3.1.4 of the primary rockfish species determined in Second, a specific halibut PSC limit is Council motion recommending this § 679.80(f)(3)(iii)(E) by the initial not assigned to the limited access action, NMFS has modified Rockfish QS pool established in Table fishery. Either, allocate a specific § 679.81(b)(2) to note that secondary 29 to part 679. This calculation is halibut PSC limit to the limited access species shall be allocated to the catcher/ necessary to derive the number of fishery to limit the amount of halibut processor sector based on catch of Rockfish QS units that will be assigned PSC that may be used by those vessels, secondary species that was retained to an LLP license. No change to this or if a specific halibut PSC limit is not during the directed rockfish species provision has been made. allocated to the limited access fishery, fisheries. Additionally, NMFS has Comment 35: Paragraph (f)(3)(iii)(F) of then halibut PSC should be deducted modified § 679.81(b)(3) to note that § 679.80 refers to the ‘‘five qualifying from the overall trawl halibut PSC limit. secondary species shall be allocated to years’’ used to compute percentage of Response: NMFS agrees in part. the catcher vessel sector based on catch rockfish landings attributable to the NMFS intends to deduct any halibut that was retained during the directed catcher/processor sector. The Council PSC assigned to the rockfish primary rockfish species fisheries. motion states that a sector’s allocation is cooperatives as CQ and any halibut PSC Comment 40: According to the draft based on the individual vessel histories used in the limited access fisheries from EA/RIR/IRFA, the sablefish allocation with the ‘‘drop two years’’ provision the third season halibut PSC allocation for catcher processors will be based on applied at the vessel level. As a result, to the deep water complex. Prior to the the cooperative’s aggregate primary the sector allocation will consider more Program, halibut PSC used in the species Rockfish QS holdings within the than five years, since different LLP rockfish fisheries and deep-water sector, and the rougheye allocation will holders will drop different years. For flatfish fisheries was deducted from the be 58.87 percent and the shortraker clarity, remove the word five, deep-water halibut PSC complex. NMFS allocation will be 30.03 percent of the referencing instead qualified catch or will maintain a similar mechanism for TAC. Table 3 in the preamble to the landings. Paragraph (f)(3)(iii)(G) of the management of halibut PSC used for proposed rule title ‘‘Secondary species § 679.80 makes the same reference to the limited access fishery. After allocated to rockfish cooperatives in the five qualifying years for the catcher reducing the third season halibut PSC Central GOA by fishery sector’’ has the vessel sector allocation. Drop the word allocation to the deep water complex to wrong allocation scheme within the ‘‘five’’. accommodate the CQ allocations, any table and appears to have mismatched Response: NMFS agrees and has remaining halibut PSC used in the the secondary species categories with removed the reference to ‘‘five’’ in these limited access fishery would be their corresponding row text for the provisions. Although only five years are deducted from the remaining third catcher processor sector. used in the calculation for the sum of season allocation. This Program does Response: NMFS agrees that the harvests attributed to a specific LLP not provide a specific allocation to the preamble text in the table is inconsistent license in the catcher/processor sector, limited access fishery; any halibut PSC with the regulatory text in more than five years may be considered used by vessels not fishing under a CQ § 679.81(b)(2)(v) and (vi). The regulatory before that calculation is made. permit and in the deep-water fishery text is correct and the error in the Comment 36: Paragraph (a)(3) of complex fisheries, or the limited access preamble was a formatting error. § 679.81 suggests that a sector’s fishery would be deducted from this Comment 41: Paragraphs (b)(2) and (3) allocation is its Rockfish QS divided by general halibut PSC account. of § 679.81 contain typographical errors. the Rockfish QS of the sector—it should Comment 38: Paragraph (a)(5)(ii)(A) of The phrase ‘‘during the directed fishery be all Rockfish QS in the pool (of both § 679.81 contains a typographical error. for any primary rockfish fishery,’’ sectors). The formula accompanying the The word ‘‘cooperatives’’ should be should read ‘‘during the directed fishery text appears to be correct. Revise text to singular, not plural. for any primary rockfish species.’’ say all Rockfish QS in the pool. Also, Response: NMFS agrees and has Response: NMFS agrees and has the result is not the ‘‘amount’’ of TAC, modified § 679.81(a)(5)(ii)(A) to correct modified § 679.81(b)(2) and (3) to as written, but the ‘‘percent’’ of TAC. the typographical error. correct these typographical errors. Response: NMFS agrees and had Comment 39: In § 679.81(b)(2), the NMFS has also made corrections in modified the text in this section to allocation of secondary species to the other sections of the rule to replace the match the text provided in the algorithm catcher/processor sector should be term ‘‘primary rockfish fishery,’’ with that is part of this provision. The text based on the catch of secondary species the appropriate term ‘‘primary rockfish clearly indicates that the denominator by eligible catcher/processors while species.’’ These changes were made in for this computation is the total those vessels were targeting rockfish § 679.2 under the definition of a ‘‘legal Rockfish QS pool for a primary rockfish (where targeting is defined as a landing rockfish landing,’’ and in § 679.81(a)(3), species. In addition, NMFS changed the in which primary rockfish species are and in the title to Table 28 to part 679. word amount to percent in the dominant species). The provision, as Comment 42: Revise paragraphs § 679.81(a)(3) to correctly note that the currently written, seems to include all (b)(5)(i) and (c)(4)(i) of § 679.81 to omit results of the calculations in this section catch of secondary species by catcher/ Rockfish QS assigned to the opt–out are each a ‘‘percent’’ of the total TAC for processors during the directed fishery, fishery from the denominator. In a primary rockfish species, and not a regardless of whether a catcher/ § 679.81(b)(5)(i) and § 679.81(c)(4)(i), the specific amount. processor is targeting rockfish. In allocation of secondary species and Comment 37: In § 679.81(a)(4)(ii), two § 679.81(b)(3), the allocation of halibut PSC, respectively, to catcher/ issues arise from not making allocations secondary species to the catcher vessel processor cooperatives is based on target of halibut PSC to the limited access sector should be based on the catch of rockfish histories of cooperative fisheries. First, allowing the limited secondary species by eligible catcher members. The allocations use all

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catcher/processor Rockfish QS in the halibut PSC CQ or secondary species CQ participants during the seven year denominator. This denominator separate from the primary rockfish period from 1996 until 2002. This includes Rockfish QS attributed to species CQ. NMFS has clarified the percentage of halibut mortality is then vessels that opt–out of the Program. The regulations at § 679.81(i)(4)(iii) to note multiplied by the total GOA halibut denominator should exclude ‘‘opt–out that secondary species and halibut PSC mortality limit. This amount of halibut QS,’’ as was done for primary species CQ are not assigned to specific members mortality is further divided between the allocations in § 679.81(a)(5)(ii)(A). of a rockfish cooperative. Additionally, catcher/processor and catcher vessel Response: NMFS agrees and has NMFS has clarified regulations at sectors based on the percentage of revised § 679.81(b)(5)(i) and § 679.82(a)(1) to note that use caps do aggregate Rockfish QS assigned to each § 679.81(c)(4)(i) to make these changes. not apply to secondary species and sector, with modifications made to The same allocation protocol for CQ that halibut PSC CQ. accommodate LLP licenses assigned to applies to primary rockfish species for Comment 45: In paragraphs (c)(1) and the opt–out fishery in the catcher/ the catcher/processor sector should (2) of § 679.81, the allocation of halibut processor sector. By making these apply for secondary species and halibut PSC should be based on the use of changes, the regulations applicable to PSC. This would effectively reallocate halibut PSC by eligible catcher the catcher/processor and catcher vessel secondary species and halibut PSC to processors while targeting rockfish. sectors have also been consolidated. The cooperative participants as envisaged in Response: NMFS agrees. However, regulations at § 679.81(c)(2) include the Section 9.1 of the Council motion these comments address the proposed allocation mechanism applicable to the supporting this action that notes that rule at paragraphs (c)(2)(i) and (c)(3)(i) catcher/processor and catcher vessel ‘‘the history of [catcher/processor] of § 679.81 rather than paragraphs (c)(1) sectors and § 679.81(c)(3) has been vessels which opt–out will remain with and (c)(2) of that section as noted by the deleted because those provisions are the sector.’’ The algorithm for primary commenter. The response to this redundant with the revised species allocations in comment is similar to that provided to § 679.81(c)(2). Accordingly, § 679.81(a)(5)(ii)(A) does not consider Comment 39, but is specific to the § 679.81(c)(4) and (5) of the final rule the allocations that would be attributed amount of halibut PSC attributed to the have been renumbered as § 679.81(c)(3) to participants in the opt–out fishery as catcher/processor and catcher vessel and (4). part of the denominator for allocating sectors. To reduce inconsistency with Comment 47: The Council motion the primary rockfish species. This the Council intent, NMFS modified notes that a vessel’s operational status approach is also consistent with the § 679.81(c)(2)(i) to note that halibut PSC determines how Rockfish QS should be approach described in the final EA/RIR shall be allocated between the catcher/ assigned between the catcher vessel and prepared for this action. processor and catcher vessel sectors catcher/processor sectors. If a vessel Comment 43: The provision in based on the amount of halibut PSC that with a catcher/processor LLP licence § 679.81(c) references a use limitation was ‘‘used during the directed fishery was not used to process the rockfish for halibut PSC in § 679.82. No use for any targeted primary rockfish catch onboard the vessel, than the limits in that section apply to halibut species.’’ Rockfish QS derived from the landings PSC. Remove this incorrect reference. Comment 46: In paragraphs (c)(2) and on that vessel is assigned to the catcher Response: NMFS agrees and has (3) of § 679.81, the division of halibut vessel sector. The provisions in removed the reference to use caps in between the sectors should be based on § 679.81(d)(2)(ii) and (d)(4)(ii) seem to § 679.81(c)(1). Use caps are intended to the relative aggregate qualified rockfish dictate that Rockfish QS on a catcher/ apply only to the use of primary catch of the sectors. The proposed rule processor LLP license can only be rockfish species and not to the use of incorrectly bases the allocation on allocated to the catcher/processor halibut PSC that is assigned to a halibut use. Revise to base the division sector. Additionally, this suggests that a cooperative. The FMP and Section 6.2 of on sector rockfish history. catcher/processor LLP license is only the Council motion recommending this Response: NMFS agrees. The allowed to form cooperatives with other action indicate that use caps should not allocation of halibut PSC between the holders of catcher/processor LLP apply to halibut PSC used by catcher/processor and catcher vessel licenses and not with catcher vessel LLP cooperatives. sectors is based on first determining the license holders. The regulations need to Comment 44: In § 679.81(c)(1), both total amount of halibut PSC attributed to allow catcher/processor LLP license secondary species and halibut PSC are LLP licenses eligible for the Program. holders that did not process on board to allocated based on the LLP holder’s Second, the amount of halibut PSC used have that catch history assigned to the rockfish history. Therefore, use caps by these LLP licenses is divided catcher vessel sector and be able to join only apply to the Rockfish QS. This between the catcher/processor and catcher vessel cooperatives. suggests secondary species and halibut catcher vessel sectors based on the Response: NMFS agrees. The PSC are non-severable from the Rockfish relative amount of primary species commenter correctly notes that if a QS, and are allocated on an annual Rockfish QS assigned to these sectors. vessel has an LLP license with a basis. Secondary and halibut PSC CQ To improve consistency with Council catcher/processor endorsement but that need to be fully transferable between intent in Section 4.5 of the Council vessel did not harvest and process cooperatives and also be separable from motion which notes that ‘‘each LLP primary rockfish species aboard that the originating Rockfish QS for these holder will receive an allocation of vessel, the Rockfish QS derived from the transfers to be effective. These species halibut mortality equivalent to their legal rockfish landings attributed to that will most likely be the most restrictive proportion of the sector rockfish LLP license would be assigned to the for participants, and therefore they need history,’’ and Amendment 68, NMFS catcher vessel sector. This is indicated to be used by industry efficiently. modified § 679.81(c)(2) so that the in § 679.80(b)(5)(i). However, the Response: This comment has been maximum amount of halibut PSC that proposed regulatory text at addressed in response to Comment 43. may be used by participants in the § 679.81(d)(2)(ii) and (d)(4)(ii) stated In addition, NMFS notes that the Program is based on the amount of that an eligible rockfish harvester may regulations concerning the transfer of halibut PSC used by all eligible LLP assign Rockfish QS to a rockfish CQ do not restrict the ability of a licenses as a percentage of the total cooperative in the catcher vessel sector rockfish cooperative to transfer its halibut mortality used by all fishery if that Rockfish QS is associated with an

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LLP license with a catcher vessel catcher/processor sector may choose to fishery to minimize costs and the designation that is endorsed for trawl apply for the opt–out fishery. complexity of quota management.’’ gear in the Central GOA trawl fishery. Comment 50: Revise NMFS has attempted to develop a This proposed provision was § 679.81(e)(4)(i)(B) and § 679.81(e)(8) to monitoring and enforcement program inconsistent with the provisions of allow trip declarations for moving from that is cost-effective, manageable, and § 679.80(b)(5)(i), and would seemingly rockfish targets to other targets. In effective. The final EA/RIR also notes limit the ability of an eligible rockfish § 679.81(e)(4)(i)(B), at least one vessel that: harvester, with a catcher/processor must be designated to harvest the CQ Share-based management programs can endorsed LLP license with Rockfish QS assigned to a cooperative in the annual increase the incentive of participants to assigned to the catcher vessel sector, application for CQ. This provision misreport and high grade catch, while at the same time increasing the burden on managers from using that Rockfish QS in a catcher forces a rockfish cooperative to devote one vessel exclusively to harvest under to provide highly defensible estimates of vessel cooperative. catch, especially when those estimates To correct this inconsistency, and a CQ permit for that rockfish directly impact quota holders. NOAA allow the use of Rockfish QS assigned cooperative at all times, contravening Fisheries has dealt with these issues by to the catcher vessel sector regardless of the trip-by-trip method for accounting clearly articulating goals for the management the type of LLP license on which that and monitoring rockfish activity as was of share-based fisheries and imposing new Rockfish QS is assigned, NMFS has discussed in Section 3.4.1 of the draft and more stringent monitoring and observer EA/RIR/IRFA that was under review by requirements as these programs have been made the following modifications. In developed. All of these programs have been § 679.81(b)(5), NMFS has modified the Council at the time of final action. Rockfish cooperatives will require unique in terms of the fleet and fisheries § 679.81(b)(5)(ii) and added a new rationalized, and interventions developed for § 679.81(b)(5)(iii) to state that a legal flexibility in determining how the CQ the programs have varied as well. The rockfish landings is attributed to the permit should be used. Central Gulf of Alaska rockfish pilot program catcher vessel sector if it is a legal Additionally, in § 679.81(e)(8), the is no different in this regard and rockfish landing but does not meet the requirement to amend an application for development of a suitable monitoring criteria of being a legal rockfish landing CQ to remove a vessel from the rockfish program will involve the development of for the catcher/processor sector. target fishery is inconsistent with the new tools to ensure defensible catch data is rockfish trip declaration contemplated collected to minimize unreported discard of NMFS has also modified by the analysis. Paragraph (i)(3)(xxii) in allocated species catch. § 679.81(d)(2)(ii) and (d)(2)(iii), which § 679.81 is also inconsistent with the The monitoring and enforcement address the use of Rockfish QS in a draft EA/RIR/IRFA. It effectively creates provisions in the proposed rule were rockfish cooperative, and ‘‘rockfish boats’’ that cannot fish in any designed to meet the multiple objectives § 679.81(d)(4)(ii) and (d)(4)(iii), which fishery other than the Rockfish Program of NMFS’ catch accounting and address the use of Rockfish QS in the fishery after May 1 until the fishery is reporting needs. Paragraph (e)(4)(i)(B) of limited access fishery. These closed for the cooperative or the § 679.81 of the proposed rule did create modifications allow an eligible rockfish cooperative refiles its application for a condition in which rockfish harvester to assign Rockfish QS to a CQ. These provisions are completely cooperatives would need to designate at rockfish cooperative or limited access unreasonable and remove most benefits least one vessel to fish the CQ permit for fishery based on the sector to which from the Program. The analysis that cooperative effective on May 1. those Rockfish QS are assigned, not contemplates a trip declaration for Paragraph (e)(8) of § 679.81 did provide based on the designation of the LLP entering the rockfish fishery to allow for a mechanism for cooperatives to modify license that gave rise to that Rockfish adequate monitoring and accounting. their CQ permit to redesignate a specific QS. This aspect of the Program is critical to vessel or vessel(s) to fish under a CQ Comment 48: Modify the language in achieving its intended benefits. permit. This mechanism differs the preamble on page 33045 to make it Response: Neither Amendment 68 nor somewhat from a specific trip-by-trip clear that Rockfish QS resulting from the Council motion recommending declaration of CQ permit and non-CQ those legal landings made aboard a Amendment 68 address specific fishing permit fishing. However, providing trip- vessel with an LLP licence endorsed for plans by vessels that are assigned to a by-trip accounting dramatically catcher/processor activity but not cooperative or the methods that NMFS increases the administrative burden to processed onboard that vessel is should use to determine how a vessel’s track each individual vessel, assigned to the catcher vessel sector. catch would be deducted from a CQ particularly if vessels frequently transit Further clarify that there is at least one permit. Section 3.4.1 of the final EA/RIR between CQ and non-CQ fishing. Check- vessel which operated under the prepared for the approval of in/check-out provisions quickly absorb authority of a catcher/processor LLP Amendment 68 did review potential staff resources to collect, monitor, and license with legal rockfish landings that mechanisms of accounting for catch by verify check-in/check-out reports with did not process catch that rockfish catch vessels that are assigned to a rockfish fish ticket data when discrepancies onboard. cooperative. One of the mechanisms arise. Response: NMFS notes the error in specifically mentioned was for NMFS to Vessels that check in and out of CQ the preamble (71 FR 33045) to the monitor vessels that were participating permit fishing frequently could create proposed rule and has addressed the in the Program on a trip by trip basis in potential confusion for observers that regulatory effects of this error in the the catcher vessel sector, or on a haul- may be switching monitoring standards response to Comment 47. by-haul basis in the catcher/processor and protocols for each trip. A check-in/ Comment 49: In § 679.81(d)(5), sector, with the assumption that this check-out procedure is required in the specify that only catcher/processors can form of monitoring could be effectively halibut and sablefish individual fishing assign their Rockfish QS to the opt–out provided within NMFS’ management quota (IFQ) program. However, under fishery. and funding constraints. the halibut and sablefish IFQ program, Response: NMFS agrees and has The final EA/RIR noted that ‘‘given the costs of monitoring and modified § 679.81(d)(5) to clearly state the complexity of the [Program] and the administering a check-in/check-out that only an eligible rockfish harvester limited time period for its effectiveness, procedure are recoverable under Section with Rockfish QS assigned to the NOAA Fisheries intends to manage the 303(d)(2)(B) of the Magnuson-Stevens

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Act. Section 304(d)(2)(A) of the cooperative in that calendar year. This accommodate the requirements and Magnuson-Stevens Act requires the limit would reduce the number of limitations of NMFS and the desire for Secretary to ‘‘collect a fee to recover the check-in reports and vessels that must maximum flexibility proposed by the actual costs directly related to the be tracked and reduce the chance that commenter. These modifications management and enforcement of a specific vessel’s catch is misapplied in adopted by NMFS do allow vessels to be any...individual fishing quota program NMFS’ catch accounting system. checked in to fish under a CQ permit [or] community development quota Fourth, NMFS, would include in when needed and without a potentially program.’’ Any IFQ program, must § 679.5(r)(10) provisions that allow the lengthy approval process. Designated follow the statutory provisions set forth designated representative of a representatives for cooperatives will by section 304(d)(2) of the Magnuson- cooperative to designate when a vessel need to coordinate fishing plans with Stevens Act and other provisions of the will no longer fish under a CQ permit their members to ensure that once a Magnuson-Stevens Act related to cost for that rockfish cooperative. The vessel is checked in, it is used to recovery and fee collection for IFQ designated representative could submit effectively harvest fish under the CQ programs. NMFS and NOAA General no more check-out reports in a calendar permit and recognize that once a vessel Counsel are reviewing the applicability year than an amount equal to three is checked out it can no longer be used of the Magnuson-Stevens Act provisions times the number of LLP licenses that to fish for that cooperative’s CQ unless on cost recovery and fee collection to are assigned to that rockfish cooperative checked in again. This will limit vessels the Program. Should subsequent in that calendar year. A vessel check-out to fishing under a CQ permit for a analysis indicate that Section is effective the earlier of: specific time period, but cooperative 303(d)(2)(B) of the Magnuson-Stevens • The end of a complete offload if that managers should be able to coordinate Act applies to the Program, and a cost vessel is fishing under a CQ permit for fishing schedules with their members to recovery program is implemented, more a catcher vessel cooperative; or avoid subjecting them to monitoring and elaborate check-in/check-out procedures • The end of the week-ending date as enforcement requirements beyond those could become more affordable for NMFS reported in the weekly production required to effectively manage this and would warrant additional review. report if that vessel is fishing under a complex multispecies quota Program. The commenter appears to be most CQ permit for a catcher/processor Alternatively, if a cooperative is unable concerned about providing flexibility cooperative; or to effectively arrange fishing schedules for cooperatives to designate specific • The end of a complete offload if that with their members, it may transfer its vessels to fish under the CQ permits in vessel is fishing under a CQ permit for CQ to another cooperative, thereby a timely fashion, and redesignate vessels a catcher/processor cooperative. relieving its members of the as necessary. NMFS has adopted several A vessel check-out must be submitted requirements for fishing under a CQ modifications to provide additional within 6 hours after its effective date permit. flexibility to cooperative members, and time. This will ensure that catch is Comment 51: How long will it take while meeting existing catch accounting properly debited against a CQ account NMFS to process the application to limitations and funding constraints. and reduces the risk that a subsequent amend vessels authorized to fish CQ First, NMFS has deleted provisions at trip would be misapplied to a CQ permit under § 679.81(e)(8)(i)? § 679.81(e)(4)(i)(B) that required that if and have to be corrected. Response With the changes made in no vessels are designated to use the CQ Fifth, § 679.7(n)(7)(iii) is modified so the response to Comment 50, this issued to the rockfish cooperative on the that the designated representative of a application no longer is required and application, then all vessels using LLP rockfish cooperative would be the comment is no longer applicable. licenses assigned to the rockfish responsible for submitting timely check- Comment 52: Although not explicit in cooperative will be assumed to be in/check-out reports for fishing under a the proposed rule, the preamble states designated to use the CQ. CQ permit according to the provisions that a vessel could not be redesignated Second, NMFS has deleted in § 679.4(n)(10). to fish rockfish CQ, if any fish were regulations in § 679.81(e)(8) that provide Sixth, § 679.7(n)(7)(iv) is modified to onboard. This could be overly the mechanism for amending the CQ apply only to catcher vessels, and burdensome on catcher processors that permit to add or delete vessels that are § 679.7(n)(7)(vi) is removed. This would be forced to offload all products permitted to fish under a CQ permit for effectively authorizes a catcher/ despite having adequately a cooperative. NMFS has also deleted processor vessel to have species accommodated accounting and references to the CQ permit amendment harvested under a CQ permit and those monitoring of catch under the Program in paragraphs § 679.5(r)(1)(ii), and not harvested under a CQ permit and under sideboards. § 679.81(i)(3)(x). onboard the vessel at the same time. Response: Catcher/processors are not Third, NMFS has provided a check-in Therefore, if a catcher/processor vessel required to offload all products procedure by inserting a new checked-out while at sea at the end of harvested prior to being designated to § 679.5(r)(10) that allows the designated a week-ending date, it would not need fish under a CQ permit. Likewise, a representative of a cooperative to to offload prior to fishing in other non- catcher/processor vessel would not be designate when a vessel will fish under Program fisheries. required to offload all products a CQ permit for that rockfish These modifications do not allow trip- harvested under a CQ permit prior to cooperative. A vessel check-in must be by-trip or haul-by-haul designation of fishing in a non-Program fishery. submitted 48 hours prior to the CQ and non-CQ harvests. That detailed Changes to the provisions for beginning of a fishing trip by that vessel. level of catch accounting would require designating vessels to harvest CQ are This advance notice will provide NMFS significant changes to the existing catch addressed in the response to Comment time to adjust catch accounting accounting system software, require 50. procedures and accurately monitor additional resources to track a Comment 53: Allow the rockfish catch. The designated representative can potentially large number of changes in cooperative vessels to declare, on a tow not submit more check-in reports in a accounting methods, and add a greater by tow basis as with CDQ fishing, calendar year than an amount equal to degree of complexity to an already whether they are fishing under a CQ three times the number of LLP licenses complex Program that has a two-year permit or not. In May or June the vessel that are assigned to that rockfish duration. These modifications will declare a rockfish tow or an open

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access tow. Nothing accrues to the halibut PSC use in CDQ pollock of CQ that may be used by a rockfish rockfish allocation in May and June fisheries differs from that in AFA cooperative that is derived from an unless it’s specifically rockfish directed pollock fisheries even through eligible rockfish harvester’s holdings of harvested under a CQ permit. In July, these fisheries are prosecuted by the Rockfish QS. Although an eligible the vessel will declare a rockfish tow or same vessels simultaneously. This is rockfish harvester who assigns his LLP a sideboard tow (nothing accrues to likely due to the selective attribution of license and associated Rockfish QS to open access in the month of July). catches with higher halibut PSC rates to the limited access fishery or the opt–out Response: Aspects of this comment the AFA Program, which minimizes the fishery may not receive CQ in a given addressing tow-by-tow declarations of use of halibut PSC quota allocated to year, that person is still a holder of harvest to the Program have been CDQ groups. Rockfish QS. As such, NMFS must have addressed in the response to Comment Under the Program, attributing a means for determining whether that 50. In addition, during the month of specific hauls to the Program or non- eligible rockfish harvester exceeds the July, it is assumed that if a vessel is Program fisheries could create an Rockfish QS use cap. Ownership data is subject to a sideboard limit, than all incentive for vessel operators to collected on an annual basis and catch made by that vessel in July, unless attribute hauls with high incidental because the application for the rockfish fishing under a CQ permit, is applied to catch or halibut PSC to the non-rockfish limited access fishery and application to the sideboard limit for that vessel. More fisheries. This could cause halibut PSC opt–out are due annually, these forms generally, it should be noted that use rates in the non-Program fisheries to provide a means for NMFS to gather rockfish fisheries in the Central GOA increase, and could constrain non- timely ownership information. The rule differ substantially from CDQ rockfish rockfish fisheries in the Central GOA has not been modified. fisheries in the BSAI and similar catch limited by halibut PSC use, such as Comment 55: The estimated time line accounting and monitoring principles deep-water flatfish fisheries. As an between the final regulation going into are not applicable to the Program. example, a vessel operator could assess effect (November 1, 2006) and when a NMFS notes that the allocations of the species composition of hauls by company must submit an application to rockfish species to the CDQ Program are making several hauls and designating participate in the Program (December 1, much smaller than the allocations of hauls with lower quality rockfish or 2006) is unrealistic and simply not primary rockfish species under the higher halibut PSC as non-Program practical. The 30-day time period is Program, and those small allocations are hauls. This process of selectively inadequate to assemble and make a rarely fully prosecuted. As an example, attributing tows to a CQ permit or the complete application as set forth in in 2005, the Pacific ocean perch rockfish limited access fishery could § 679.81(e). This application, which will allocation to the CDQ Program was increase discarding of rockfish that are likely bring together multiple approximately 950 mt for the BSAI. harvested in non-Program hauls to companies to form a cooperative, is not However, only approximately 100 mt of ensure that the rockfish harvested is a simple task. To form an entirely new Pacific ocean perch, equivalent to below the MRA for the other species ‘‘cooperative legal entity’’ that meets the roughly one day of harvest by a catcher/ (e.g., flatfish) that are also harvested in multitude of administrative processor vessel, was taken in a directed these tows. Unlike pollock, rockfish requirements in only 30 days is not CDQ rockfish fishery. NMFS expects species have life histories that may practical. that rockfish allocations under the make them less resilient to fishing Response: NMFS agrees and has Program will be fully prosecuted pressures. Given the TAC, allowable modified the due date to apply to consistent with historic harvest biological catch, and overfishing level of participate in the Program in patterns. This difference means that the primary rockfish fisheries, NMFS is § 679.80(e)(3) from December 1, 2006, to NMFS is likely to be tracking a much cautious about potentially introducing January 2, 2007. NMFS also modified greater number of hauls in the Program additional incentives for high grading of the due date for the application for CQ, than NMFS monitors currently in the catch which can occur in quota-based application for the rockfish limited CDQ multispecies fisheries. fisheries. access fishery, application to opt–out, Additionally, designating specific Finally, NMFS notes that the Program and Application for the entry level hauls as CDQ or non-CDQ hauls is is intended, in part, as a two-year pilot fishery in § 679.81(e)(3), from December largely limited to the pollock fisheries. project to provide additional 1 of the year prior to the year in which Effectively, this means that vessels do information about quota management of a person wishes to participate, to March not target CDQ multispecies fisheries at a multispecies fishery. As with other 1 of the year in which that person the same time that they are targeting aspects of this Program, changes in wishes to participate. These changes non-CDQ multispecies fisheries. NMFS catch accounting can be initiated after will allow potentially eligible harvesters has limited experience with monitoring NMFS and the industry have additional and processors to apply to participate in CDQ and non-CDQ multispecies experience with the Program. the Program and then have nearly 60 harvests on a haul-by-haul basis. The Comment 54: Paragraphs (e)(5)(i)(E) days to decide whether to participate in primary advantage of haul-by-haul and (e)(6)(i)(F) of § 679.81 require a cooperative, limited access fishery, or accounting in the CDQ pollock fishery detailed ownership information from opt–out. During this time period, is that it allows vessels to assign specific persons assigning their LLP license to harvesters could coordinate with each pollock hauls to either an AFA the limited access or opt–out fisheries. other. This will also provide additional cooperative, or to the CDQ group’s These fisheries do not receive an time for eligible rockfish harvesters in allocation. This benefits the CDQ groups individual allocation of primary the catcher vessel sector who wish to and the AFA cooperatives, by allowing rockfish species, so neither sector is form a rockfish cooperative to vessel operators to attribute hauls, the subject to an ownership cap. The coordinate with the eligible rockfish associated incidental catch, and halibut information is unnecessary and should processor with whom they may PSC to either the AFA cooperative or not be required. associate. the CDQ group, maximizing the use of Response: NMFS disagrees. The use Comment 56: In § 679.81(f), remove either the CDQ group or the AFA caps that are established in § 679.82 are the statement concerning processor cooperative’s allocation. Information applicable to the amount of Rockfish QS eligibility transfers because the Council reviewed by NMFS indicates that that a person may hold, and the amount motion makes no provision for the

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transfer of processor licenses. that rockfish cooperatives ‘‘may engage (f)(2)(iii) so it clearly states that once an Additionally, the provisions in in inter-cooperative transfers of annual LLP license of vessel has been assigned paragraphs (f)(2) and (g)(1) of § 679.81 allocations to other cooperatives with to a rockfish cooperative that LLP are inconsistent with the Council agreement of the associated qualified license and vessel continues to be motion. Since the Program is short term, processor.’’ An application will not be subject to the sideboard limits transfer of eligibility once the Program considered valid without this explicit established for that rockfish cooperative is implemented is not necessary. The authorization. under § 679.82(d) and (f), for that Council motion makes no provision for Comment 59: The provisions in calendar year. the transfer of processor eligibility. § 679.81(h) suggest that MRAs apply Comment 61: Paragraph (i)(3)(vi) of Response: NMFS agrees. Although when rockfish boats are participating in § 679.81 should note that 75 percent of processor eligibility transfers are likely non-rockfish fisheries. Since ‘‘opting the Rockfish QS eligible for the to be necessary should Congress provide out’’ has been defined as a fishery with cooperative is necessary for cooperative additional authority to NMFS to extend applicable MRAs defined, it suggests formation. this Program, the Council did not that all fishing by a rockfish boat is Response: NMFS agrees. Section 5.4 specifically recommend provisions to subject to rockfish MRAs. Applying the of the Council motion recommending allow processors to transfer their Program MRAs to cooperatives fails to this action notes that ‘‘75 percent of eligibility to another processor. NMFS distinguish between vessels assigned to historical shares’’ (i.e., Rockfish QS) has deleted the provision concerning a rockfish cooperative and fishing under delivered to an eligible rockfish the transfer of processor eligibility in a CQ permit, and vessels assigned to a processor, must be assigned to a § 679.81(f) and (f)(2). In addition, NMFS rockfish cooperative but not fishing rockfish cooperative in order for a has modified § 679.81(g)(1) to note that under a CQ permit. A sentence could be rockfish cooperative to form. NMFS has a person may not transfer their added stating the fishing outside modified § 679.81(i)(3)(vi) to note that a eligibility as a rockfish processor to cooperatives and outside of the limited rockfish cooperative can form only if it another person except in the case when access rockfish fishery is subject to is assigned Rockfish QS that represents a person purchases a processing facility Table 10 MRAs. at least 75 percent of all the legal Response: NMFS agrees in part. The and the processing history associated rockfish landings delivered to that MRAs specific to the Program are with that facility. In this case, that eligible rockfish processor during the applicable only when vessels are fishing person would be eligible to operate that four years selected by that processor. in the Central GOA for primary rockfish facility and use the processing history Legal rockfish landings that do not yield species under a CQ permit, or in a associated with that facility. Rockfish QS would not be considered in Comment 57: Paragraph (f)(1)(ii)(B) of limited access fishery. Fishing by the calculation. § 679.81 requires the names of all vessels that are not fishing under a CQ persons with ownership interest in an permit or in the limited access fishery Comment 62: In § 679.81(i)(3)(xii) the LLP license upon the transfer of CQ. If would continue to be subject to the phrasing of the question and answer NMFS already has this information from MRAs applicable for non-Program should be edited because the intent of the annual application for CQ, it is not fisheries. NMFS does agree that this provision is not clear. needed again when CQ is transferred. additional clarity is required in Response: NMFS agrees. Although the Response: NMFS agrees and has § 679.81(h)(1) to note that a vessel intent of this provision has not been deleted this requirement in assigned to a rockfish cooperative and modified, NMFS rephrased § 679.81(f)(1)(ii)(B). The requirement to fishing under a CQ permit may harvest § 679.81(i)(3)(xii) to note that sideboard collect ownership information of groundfish species not allocated as CQ limits assigned to a rockfish cooperative rockfish cooperative members is up to the MRA for that species as in the catcher/processor sector are limits addressed under the annual application established in Table 30 to this part. Any applicable to a specific rockfish for CQ requirements in vessel assigned to a cooperative not cooperative, and may not be transferred § 679.81(e)(4)(i)(B)(2) and is not fishing under a CQ permit (i.e., engaged between rockfish cooperatives. required again. in non-Program fisheries) will continue Comment 63: Paragraph (i)(3)(xv) in Comment 58: In § 679.81(f)(1), the to be subject to MRA limits established § 679.81 is unclear and may deviate permission of the affiliated processor is under Table 10 to part 679. from the Council’s intent. Specifically, required for any CQ transfer by a catcher Comment 60: In § 679.81(i)(1), if a company owns two qualified vessel cooperative. persons who leave a rockfish processing facilities, it could have two Response: NMFS agrees. The cooperative are bound by the allocation associated cooperatives (one for each regulations at § 679.81(f)(1)(v) and (vi) of CQ during the year. This should also plant). The intent of the processing provide that any transfer must be signed state that any sideboards applicable to a history transfer provisions are two-fold. by an designated representative of the catcher/processor rockfish cooperative First, a processor can buy a facility and cooperative. NMFS had presumed that continue to bind the person. Include a its associated processing history and this designated representative would provision stating that sideboards operate that facility. This allows a have the authority of the eligible continue to bind a person that leaves a processor to operate two plants with rockfish processor with whom that cooperative. two distinct rockfish cooperatives. rockfish cooperative is associated. Response: NMFS agrees. Although Second, the processor could buy the NMFS has modified § 679.81(f)(1)(v) § 679.82(f)(2) details those vessels and processing history of a closed facility. and (vi) to require that the designated LLP licenses that are subject to This processing history could be representative provide explicit sideboard limits for a catcher/processor combined with the processing history at authorization signed by the applicant sector, that section does not specifically another facility, and that combined and the eligible rockfish processor with state that once a vessel or LLP license processing history would be used to whom that rockfish cooperative is is assigned to a rockfish cooperative it form associations with a single plant associated with any application. This continues to be bound by the sideboard (which must be in the same community modification is consistent with Section limits established for that rockfish as the plant from which history was 5.4 of the Council motion cooperative. NMFS has modified purchased). In any case, the processor recommending this action which states § 679.82(f)(2), (f)(2)(i), (f)(2)(ii), and must stay under the use caps.

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Response: NMFS agrees and has amount of Rockfish QS necessary to transfers and the amount initially held modified § 679.81(i)(3)(xv) to more meet a minimum of 75 percent of the from Rockfish QS. clearly note that an eligible rockfish legal rockfish landings required to form Response: NMFS agrees and has processor will be issued a single eligible a rockfish cooperative. This change is clarified § 679.81(i)(5)(ii)(B) to provide rockfish processor permit for the consistent with the response to that for purposes of CQ use cap aggregate processing history based on Comment 62. calculation, the total amount of CQ held (1) the holdings of processing history at Comment 65: In § 679.81(i)(4)(ii) (used) by a person is equal to all pounds a specific facility, and (2) acquired delete ‘‘for’’ from the second line which of CQ derived from the Rockfish QS processing history from a shoreside reads ‘‘a person fishing for CQ,’’ so it held by that person and assigned to the processor or stationary floating reads ‘‘a person fishing CQ.’’ rockfish cooperative, and all pounds of processor that is closed. A person may Response: NMFS agrees and has CQ assigned to that person by the only receive eligibility for processing corrected the typographic error in rockfish cooperative from approved history that is acquired without the § 679.81(i)(4)(ii). transfers. This change is consistent with purchase of the processing facility Comment 66: Paragraph (i)(4)(iii) of the FMP and the intent of this provision associated with that history if that § 679.81 should be revised to note that as described on page 33054 of the person held that processing history catcher vessel sector inter-cooperative preamble to the proposed rule (71 FR prior to the end of the application transfers are required to be approved by 33040). period to be included in the Program. the associated processor as is noted in Comment 70: Since a cooperative The eligible rockfish processor will section 5.4 in the Council motion holds CQ directly only, the application select a single four year period recommending this action. of the individual and collective rule for applicable to the aggregate processing Response: NMFS agrees. As noted in indirect holdings in § 679.82(a)(3) is unnecessary. Use of the individual and history held by that eligible rockfish the response to Comment 58, NMFS will collective rule could have some processor for determining which eligible require that any inter-cooperative unintended consequences, particularly rockfish harvesters may form a rockfish transfer include explicit authorization if a person owns shares that are eligible cooperative in association with that from the eligible rockfish processor with for two different cooperatives. eligible rockfish processor. Eligible whom that rockfish cooperative is rockfish harvesters are eligible for a Response: NMFS agrees. A rockfish associated as part of an inter- cooperative can only hold the CQ rockfish cooperative in association with cooperative transfer of CQ under that processor, based on the aggregated derived from the members of this § 679.81(f)(1)(v) and (vi). With that cooperative. A rockfish cooperative processing history held by that change, no modification is required in processor. Once a rockfish cooperative cannot indirectly hold CQ and so the this section. term ‘‘individual and collective’’ is not associates with that eligible rockfish Comment 67: Paragraph (i)(4)(iii)(F) of processor, that processor may receive applicable and has been deleted from § 679.81 should prohibit transfers from § 679.82(a)(3). rockfish delivered by that rockfish a rockfish cooperative once that cooperative at a shoreside processor or Comment 71: Paragraphs (a)(3) and cooperative has submitted its stationary floating processor owned by (a)(6) of § 679.82 should be revised to termination of fishing declaration. that eligible rockfish processor, subject clearly note that a rockfish cooperative Response: NMFS disagrees. The intent to any other restrictions that may apply. is precluded from exceeding 30 percent NMFS has also modified of the termination of fishing declaration of the CQ issued to the catcher vessel § 679.81(i)(3)(v) to note that an eligible is that after that date no transfers of CQ sector unless that cooperative qualifies rockfish processor may select only one could be received by a rockfish for a ‘‘grandfather’’ exemption. The processor qualifying period (i.e., the cooperative. Once NMFS has approved current structure of these paragraphs four of five year period) that is a termination of fishing declaration does not meet the intent of the applicable to the aggregated processing submitted by a rockfish cooperative, the grandfather provisions. The exemption history held by that eligible rockfish total amount of CQ held by that rockfish to the use cap should apply only if the processor. cooperative is set to zero (see cooperative is eligible to receive in If an eligible rockfish processor owns § 679.4(n)(2)(v)). Therefore, a rockfish excess of 30 percent of the initial more than one processing facility, and cooperative would not have any CQ allocation of catcher vessel Rockfish QS. therefore more than one processing available for transfer to another Response: NMFS agrees. As worded, history, that eligible rockfish processor cooperative. These requirements the provisions in the proposed rule at would associate with one cooperative at effectively prevent a rockfish § 679.82(a)(3) would limit the ability of one facility, and associate with another cooperative from transferring any CQ to a rockfish cooperative to exceed 30 cooperative at another facility. As the or from another rockfish cooperative. No percent of the Rockfish QS pool commenter notes, any processing change is required. allocated to the catcher vessel sector. activity will continue to be subject to Comment 68: In § 679.81(i)(5)(ii)(A), This could inhibit the ability of a processing use caps. delete ‘‘not’’ in the second to last line rockfish cooperative to form if the Comment 64: Paragraph (i)(4)(i) of so that it reads, ‘‘No member of a potentially eligible members of the § 679.81 should be revised to state that cooperative may exceed. . .’’ rockfish cooperative held more than 30 75 percent of the eligible Rockfish QS Response: NMFS agrees and has percent of the Rockfish QS in the that was initially delivered to that removed the word ‘‘not’’ from catcher vessel sector. To minimize the processor is necessary for rockfish § 679.81(i)(5)(ii)(A). This provision is possibility of rockfish cooperatives cooperative formation. intended to state that no member of a being so limited, NMFS modified Response: NMFS agrees and has rockfish cooperative may exceed the CQ § 679.82(a)(3) to state that a rockfish modified § 679.81(i)(4)(i) to clarify that use cap applicable to that member. The cooperative may not hold or use an if an eligible rockfish harvester has not word ‘‘not’’ negates that intent and is a amount of CQ that is greater than the delivered to an eligible rockfish typographical error. amount derived from 30.0 percent of the processor, any Rockfish QS issued to Comment 69: In paragraph (i)(5)(ii)(B) aggregate Rockfish QS initially assigned that eligible rockfish harvester may not of § 679.81, the total CQ should be the to the catcher vessel sector, unless the be considered as contributing to the amount assigned to the person from sum of the aggregate Rockfish QS held

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by the eligible members of that rockfish Response: NMFS agrees. The intent of limited access fishery unless an cooperative is derived from legal § 679.82(a)(6)(ii)(C) is to restrict a application for the limited access rockfish landings held by those eligible rockfish cooperative from assigning CQ fishery is completed. members prior to June 6, 2005, and this to a cooperative member if that Response: NMFS disagrees. If an results in Rockfish QS that exceeds the harvester is limited by the Rockfish QS eligible rockfish harvester failed to use cap. The rockfish cooperative will use cap. This intent is unclear as apply for a rockfish cooperative, limited still be constrained by the sum of the worded in the proposed rule. NMFS has access fishery, or the opt–out fishery, use caps that apply to each member of modified § 679.82(a)(6)(ii)(C) so that an then NMFS would assign the TAC the rockfish cooperative. With this eligible rockfish harvester may not derived from that person’s LLP license change, modifications to § 679.82(a)(6) receive any Rockfish QS by transfer or to the limited access fishery. These are not required. have any CQ attributed to that eligible default provisions provide a reasonable Comment 72: Paragraphs (a)(5) and rockfish harvester unless that opportunity for persons in either sector (a)(6) of § 679.82 are intended to prevent harvester’s holding of Rockfish QS are to continue to participate in the rockfish a processor from exceeding 30 percent below the use cap. fishery if they choose not to participate of the catcher vessel sector allocation. Comment 75: Paragraph (a)(6)(ii)(C) of in a cooperative. The opt–out fishery is The current exemption in (a)(6) appears § 679.82 states that a person exceeding applicable only to the catcher/processor to allow a processor to exceed the use the ownership cap through the initial sector. If NMFS allowed a participant in cap if any member of the cooperative allocation of Rockfish QS cannot ‘‘have the catcher/processor sector who failed qualifies for an exemption from the use any CQ attributed to that eligible to apply to fish only in the opt–out cap. It should provide that a processor rockfish harvester in a rockfish fishery instead of the limited access can exceed that cap only if it would be cooperative unless and until that fishery, NMFS would be treating the associated with a cooperative comprised person’s holdings of aggregate Rockfish failure to apply differently between the of members that receive in excess of 30 QS in that sector are reduced to an two sectors. This would seem to percent of the initial allocation of amount below the use cap.’’ If the foreclose harvest opportunities for only Rockfish QS. person is grandfathered for the initial one sector without a clear distinction or Response: NMFS agrees. The intent of Rockfish QS allocation they should need. No change has been made to the this provision is to limit the ability of receive CQ for that amount, but they rule. Comment 78: Paragraph (b)(5) of a processor to receive more than 30 cannot receive additional CQ. This § 679.82 appears to be inconsistent with percent of the aggregate rockfish TAC seems to be indicated in the Council motion that suggests that assigned to the catcher vessel sector § 679.82(a)(6)(iii), but this refers to a rockfish cooperative using CQ in excess the use of halibut PSC in the limited with a specific ‘‘grandfather’’ provision of the use cap. Rockfish cooperatives do access fishery should be limited to an if the harvesters eligible to deliver to not have use caps, individuals do. amount which would have been that eligible rockfish processor hold an Response: NMFS has addressed the allocated to vessels in the limited access amount of initially issued Rockfish QS application of the CQ use cap in the had they not joined cooperatives. that yields CQ in excess of the 30 response to Comment 74. NMFS notes Response: NMFS disagrees. The percent processor use cap. NMFS has that CQ is held by a rockfish cooperative Council motion notes that ‘‘harvesters modified § 679.82(a)(5) to limit eligible and not by the members of the rockfish may elect not to join a co-op, and rockfish processors to this grandfathered cooperative. The CQ use cap limits the continue to fish in an LLP/Open Access amount. With this change, amount of CQ that a member of a fishery. The LLP’s share will be fished modifications to § 679.82(a)(6) are not rockfish cooperative may attribute to in a competitive fishery open to rockfish required. that cooperative either by assigning his qualified vessels who are not members Comment 73: Paragraph (a)(4) of Rockfish QS to that rockfish of a cooperative and must be delivered § 679.82 should prevent a catcher/ cooperative, or by having CQ attributed to one of the qualified processors.’’ It is processor vessel from harvesting any to that cooperative member through an clear that the limited access fishery is amount greater than the amount of CQ inter-cooperative transfer of CQ. allocated a portion of primary rockfish attributable to the LLP license derived Comment 76: Paragraph (a)(6)(iii) of species, but allocations of secondary from that vessel. As currently written, it § 679.82 should prevent a cooperative species and halibut PSC to the limited suggests that if the LLP license used on from receiving CQ unless the CQ is held access fishery is not explicit. However, that vessel is allocated Rockfish QS in by an eligible rockfish harvester who it is clear throughout the final EA/RIR excess of the use cap, the use cap does was eligible for that cooperative prior to and in the structure of the Program that not apply at all. June 6, 2005. the limited access fishery is intended to Response: NMFS agrees and has Response: NMFS agrees. NMFS has provide an opportunity for harvesters modified this provision to note that a modified § 679.82(a)(6)(iii) to clarify this who do not wish to join a cooperative catcher/processor vessel may not be provision by providing that a rockfish to continue to fish in the rockfish used to harvest an amount greater than cooperative may use CQ in excess of the fisheries, but that secondary species the amount derived from the Rockfish use cap only if that CQ is derived from would not be explicitly allocated (see QS assigned to an LLP license that was the Rockfish QS assigned to an LLP Executive Summary of the final EA/ used on that vessel prior to June 6, 2005. license that was held by an eligible RIR). This change clarifies the intent of this rockfish harvester prior to June 6, 2005, Rockfish cooperatives are intended to provision. and who is eligible for that rockfish provide exclusive harvest privileges to Comment 74: In § 679.82(a)(6)(ii)(C), cooperative. specific groups of harvesters, and in the the reference to ‘‘or have any CQ Comment 77: Paragraph (b)(2)(ii) of case of catcher vessels, require an received by a cooperative by transfer § 679.82 allows a person to enter the association with a specific processor. If attributed to that eligible rockfish limited access fishery if they do not the limited access fisheries in the harvester’’ should restrict a rockfish opt–out or join a cooperative. The quota catcher/processor and catcher vessel cooperative from assigning CQ to a should be allocated to the limited access sectors were provided a distinct halibut harvester limited by the Rockfish QS fishery under those circumstances, but PSC allocations, then the potential use cap. the person does not get to fish in the exists for a small number of participants

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in a limited access fishery to coordinate Comment 80: In § 679.82(d)(5)(ii)(C), catcher vessel sector. Table 9 in the the harvest of their primary rockfish the reference to paragraph (d)(5) is preamble to the proposed rule (page species and apportion this halibut PSC circular. It would be clearer to reference 33059) notes that the BSAI Pacific cod allocation among their members. In so paragraph (d)(5)(ii)(B) of this section. catcher vessel sideboard is zero percent doing, the limited access fishery could Response: NMFS agrees and has of the BSAI TAC. effectively create a cooperative that modified § 679.82(d)(5)(ii)(C) to include Comment 82: Modify § 679.82(d)(8) to would be able to manage an exclusive this reference to § 679.82(d)(5)(ii)(B). strike the reference to halibut PSC halibut PSC allocation, receive many of This comment clarifies that specific sideboard limits by each GOA the benefits of a rockfish cooperative, vessels would be subject to a sideboard management area and to provide for but forego many of the requirements limit but does not alter the intent of this halibut PSC limits to be established for that the Council recommended as a provision. the entire GOA for the deep-water condition for operating as a rockfish Comment 81: The table at complex and shallow-water complex. cooperative (e.g., association with a § 679.82(d)(6) should include the BSAI The GOA sideboard limit amount specific processor). This is contrary to Pacific cod sideboard amount for the should be the sum of the three GOA Council recommendations and the catcher vessel sector (which is 0.0 management area sideboard limits. structure of this Program. percent) as that amount has been When the sideboard limit is reached, the The limited access fishery does calculated in the final EA/RIR. In entire GOA would close to directed receive a halibut allocation in the sense § 679.82(e)(4), the provision addressing fishing for flatfish in the deep-water or that the limited access fishery will the Pacific cod sideboard amount for shallow-water complex fisheries. receive a portion of the halibut PSC that catcher vessels is unnecessary, if the Response: NMFS agrees. At the time remains after allocation as CQ to the sideboard amount is included in the of final Council action on June 6, 2005, rockfish cooperatives. Rockfish table at paragraph (d)(6) of this section. the Council recommended that halibut cooperatives are allocated a specific If this provision is maintained, the PSC sideboard limits should be amount of halibut PSC based on historic algorithm for the sideboard should be administered based on a percentage of use by eligible rockfish harvesters. corrected. The sideboard limit for the total GOA halibut PSC sideboard Historically, halibut PSC use in the Pacific cod should be the catch of the limit rather than by specific limits for rockfish fisheries has been debited from catcher vessel sector in July during the each GOA management area (See the third season halibut PSC period from 1996 through 2002 divided Section 9.1(b) of the Council motion apportionment to trawl gear in the deep- by the catch of all trawl catcher vessels recommending this action). This change water complex. NMFS will deduct the during the entire year during the years in Council intent was not reflected in sum of the allocations of halibut PSC 1996 through 2002. Either include the the proposed regulations. CQ made to cooperatives from that third sideboard percentage in the table in NMFS has modified the table in season allocation. The apportionment of § 679.82(d)(6) or correct the method for § 679.82(d)(8) by summing the halibut halibut PSC at other times of the year to calculating the sideboard percentage. mortality limits in each GOA support other fisheries would not be Response: NMFS agrees. NMFS has management area in the shallow water affected by halibut PSC CQ allocations deleted catcher vessel specific complex for each sector to establish a made under the Program. This is sideboards for BSAI Pacific cod in shallow water halibut PSC sideboard consistent with the intent of the § 679.82(e)(4) and placed the catcher limit for the GOA that is applicable to Program to enhance rockfish harvest vessel BSAI Pacific cod sideboard limit that sector. opportunities without adversely in the table in § 679.82(d)(6). NMFS has Similarly, in § 679.82(d)(8), NMFS has affecting other fishery participants. described the catcher vessel sideboard summed the halibut mortality limits in Under this management model, after limit applicable to catcher vessels each GOA management area in the deep deduction of halibut PSC for the directed fishing for Pacific cod in the water halibut PSC complex for each rockfish cooperatives, the third season BSAI in a new § 679.82(d)(4)(iv). This sector to establish a deep water halibut halibut PSC limit remaining is available change benefits the reader by providing PSC sideboard limit for the GOA that is to the limited access fisheries, the opt– a list of all sideboard limits in one applicable to that sector. out fishery, and non-Program fisheries section of the regulations. Comment 83: Paragraph (d)(8) of (i.e., flatfish fisheries). This mechanism By moving these provisions to § 679.82 should provide for the division of halibut PSC management for the § 679.82(d)(6), the provisions at of halibut PSC sideboards among limited access fishery is similar to § 679.82(e)(4) and (5) were made rockfish cooperatives in the catcher/ current management practices in which redundant and were deleted. The processor sector more clearly. The the rockfish fisheries and flatfish regulatory text in § 679.82(e)(5) was also Council motion provides for the fisheries use the same third season redundant because NMFS will not division of halibut PSC sideboard limits halibut PSC apportionment to trawl gear establish a sideboard limit for the based on historic use. This is computed in the deep-water complex. catcher vessel sector for BSAI Pacific as the amount of halibut use of the Comment 79: Paragraph (d)(4)(iii) of cod because the sideboard limit is 0.0 vessels in the cooperative divided by § 679.82 limits the use of halibut PSC in percent. The sideboard limit of 0.0 the halibut use of all vessels subject to certain fisheries. The wording of this percent for directed Pacific cod fishing the sideboard multiplied by the GOA provision should clarify that the halibut in the BSAI for the catcher vessel sector trawl halibut PSC sideboard limit. PSC sideboard actually limits directed was determined based on the final EA/ Response: NMFS agrees. As written in fishing in specific flatfish fisheries RIR prepared for this action (see Table the proposed rule, the provision at based on the use of halibut PSC. 38 in Section 2.5.15 of the final EA/ § 679.82(d)(8) did not clearly allocate a Response: NMFS agrees and has RIR), and is not modified by this portion of the catcher/processor deep- modified § 679.82(d)(4)(iii) to more change. NMFS indicated on page 33056 water or shallow-water halibut PSC clearly indicate the intent of this in the preamble of the proposed rule (71 limit to a catcher/processor sector based provision that specific flatfish fisheries FR 33040) that the sideboard limits on the historic halibut PSC use of the in the GOA are subject to closure once calculated in the EA/RIR/IRFA would members of a rockfish cooperative. a specific halibut PSC sideboard limit be used to establish the sideboard limits Section 9.2 of the Council motion notes has been reached. applicable to the catcher/processor and that each rockfish cooperative in the

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catcher/processor sector will be limited a CQ permit would not apply against a that if a processor tells an entry level in the aggregate ‘‘to the historic average sideboard limit annually specified for a harvester that he has a market for his halibut mortality taken by cooperative rockfish cooperative. NMFS has catch, it does not bind the harvester to members in the target flatfish fisheries modified § 679.82(d)(9)(iii) to note that deliver all catch to the processor, nor in the month of July by deep-water and halibut PSC used while fishing under a the processor to accept all catch from shallow-water complex.’’ NMFS has CQ permit or in a limited access fishery that harvester. revised § 679.82(d)(8) to clarify the will not be debited against the sideboard Response: Fish harvested from the allocation of halibut PSC sideboard limit established for that sector. NMFS entry level fishery may be delivered to limits among catcher/processor rockfish also modified § 679.84(g)(3) and (4), any processor that is not an eligible cooperatives, the limited access fishery, which contains a reference to catch rockfish processor as is noted in and opt–out fishery. accounting for groundfish and halibut § 679.83(a). Rather than requiring Comment 84: In § 679.82(d)(9)(i)(A) PSC, to not debit catch harvested while processors to register, NMFS intends to and (B), the reference to (d)(1)(ii) is fishing under a CQ permit or in the provide maximum flexibility to entry unclear. It seems to reference certain limited access fishery against the level harvesters to allow them to deliver fisheries, but section (d)(1)(ii) contains sideboard limit that is established for to any eligible entry level processor they no list of fisheries. that sector or rockfish cooperative. choose. The annual application to Response: NMFS agrees. The NMFS disagrees that a declaration or participate in the entry level fishery references in § 679.82(d)(9)(i)(A) and (B) check-in procedure is required for the under § 679.81(e)(7)(i)(D) only requires should be to the list of flatfish fisheries limited access fisheries. Based on that harvesters that wish to participate in § 679.82(d)(4)(iii) which are subject to expected TAC available to the limited in an entry level fishery have a closure for directed fishing if there is access fishery, NMFS anticipates that statement from an eligible entry level not a sufficient amount of halibut PSC the limited access fishery will have a processor that they have a market for sideboard limit. The reference to limited duration. If a vessel has their product, but does not otherwise § 679.82(d)(1)(ii) is incorrect. NMFS has registered for the limited access fishery limit the entry level harvester to deliver corrected this citation to its harvests of primary rockfish species only to that processor. No change in the § 679.82(d)(4)(iii). starting on July 1 will be deducted from regulations has been made. Comment 85: In § 679.82, halibut PSC the limited access fishery TAC assigned Comment 88: As was pointed out use in the limited access fishery should to that sector. Once the limited access during the Council development of the not be counted against the halibut PSC fishery TAC for all primary rockfish Program, NMFS would like to maintain sideboard limit. In § 679.82(d)(9)(iii), species has been reached, or on the date the authority to not open the entry level the halibut catch from the Central GOA it has been forecasted to be reached, the fishery under certain circumstances, rockfish fishery is not included in limited access fishery will be closed. If such as when more harvesters sign-up to calculating the sideboard amount, it a vessel that had been fishing in the fish than NMFS deems reasonable for should be excluded from the sideboard limited access fishery continues to fish the size of the TAC. However, this is not accounting. When determining the in the GOA in July, any of its groundfish good news for the harvesters and halibut PSC sideboard limits, halibut subject to a sideboard limit, and any processors hoping to participate in the PSC use in the Central GOA rockfish halibut PSC use will be deducted from entry level fishery. A closed entry level fisheries was not used in the the sideboard limits applicable to that fishery is contrary to intent of the calculation. To administer the sector. Council and the enabling legislation sideboard, halibut PSC use in the Comment 86: Paragraph (f)(4)(ii) of requiring an entry level fishery. Several limited access fishery should be § 679.82 should provide that for catcher/ solutions were suggested during the distinguished from halibut PSC use in processor cooperatives that begin Council process, including a lottery other non-Program fisheries (e.g., fishing on their CQ permit prior to July among potential harvesters, with the flatfish fisheries). The simplest way to 1, the stand down should last only until understanding that there would be an make this distinction may be to require the earlier of either when 90 percent of attempt to arrive at a workable solution. limited access fishery vessels to declare the cooperative allocation is fished, or The discussion about this issue in the their target (i.e., either limited access July 14. preamble of the proposed rule indicates fishery or other non-rockfish fisheries) Response: NMFS agrees. Section 9.2 that NMFS has no solution to this prior to fishing during the time period of the Council motion recommending potential problem. Develop a method to when the limited access fishery is open. this action does note that the stand open both the trawl and non-trawl entry Such a declaration would simplify catch down period applicable to catcher/ level fisheries, no matter the TAC size. accounting in general. NMFS should processor vessels named on an LLP Response: As the Commenter notes, require a declaration of rockfish license with more than 5.0 percent of the entry level fishery receives a small participation from limited access the Pacific ocean perch QS assigned to allocation of primary rockfish TAC. This participants to simplify administration a catcher/processor rockfish cooperative allocation should be sufficient to of halibut sideboards and accounting in should begin on July 14 or when the 90 provide a limited fishery for entry level the rockfish fishery. percent of the CQ assigned to that participants. NMFS’ ability to open an Response: NMFS agrees in part. rockfish cooperative has been fished, entry level fishery would only be Section 2.5.15 of the final EA/RIR whichever occurs earlier. NMFS has curtailed if large numbers of prepared for this action, and Section 9.2 modified § 679.82(f)(4) and (f)(4)(i). participants with sufficient harvest of the Council motion recommending Comment 87: The proposed rule does capacity register to fish for the fishery. this action indicate that the halibut not seem to clearly identify the rules of Under alternative methods of mortality in the Central GOA that is participation in the entry level fishery. management (i.e., IFQ fishing), small used in the limited access fishery would Entry level processors do not seem to be allocations may be more manageable, not be used to determine the halibut required to apply for the entry level however, the entry level fishery was PSC sideboard limits that apply to the fishery, although application/ designed to provide an opportunity to catcher/processor and catcher vessel registration might simplify management persons not otherwise eligible for the sector. These sections of the final EA/ as well as clarify markets for entry level Program, and not to institute complex RIR also clarify that catch made under vessels. In addition, it should be clear quota-based management for a small

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amount of TAC for a two-year Program. establishes a prohibition if a catcher/ enforcement regulations applicable to NMFS does not anticipate that large processor vessel assigned to the opt–out opt–out vessels. Opt–out vessels must numbers of participants will choose to fishery fails to follow catch monitoring maintain 100 percent observer coverage, participate in the entry level fishery due requirements specific to the opt–out are prohibited from mixing hauls inside to the small amount of TAC available for fishery in a new paragraph § 679.84(d). the bin, must maintain bin monitoring, harvest. Therefore, NMFS anticipates to NMFS also clarified the application of and may not allow fish on deck outside be able to provide harvest opportunities observer coverage levels in the codend. Justification for these for the entry level fishery. § 679.50(c)(7)(i)(C) by removing its specific monitoring provisions is Comment 89: Clarify the likelihood of applicability to catcher/processor provided below. the unavailability of halibut PSC closing vessels assigned to the opt–out fishery NMFS currently bases its calculation the entry level fisheries. and inserting a new § 679.50(c)(7)(i)(F) of halibut PSC for catcher/processor Response: NMFS allocates halibut that specifies observer coverage levels vessels on basket samples of PSC on a seasonal basis for various gear for vessels in the opt–out fishery. approximately 300 kilograms types to provide adequate fishing Finally, NMFS modified § 679.84(c) to (approximately 660 pounds) or less, opportunities for fisheries that use remove its applicability to catcher/ depending on the time and space halibut PSC throughout the year. processor vessels in the opt–out fishery. available to the observer. Catch Although halibut PSC use varies on an NMFS inserted a new § 679.84(d) with composition data are extrapolated (the annual basis, and halibut PSC use may catch monitoring provisions specific to term commonly used is ‘‘expanded’’) to constrain directed fisheries for specific catcher/processor vessels in the opt–out determine halibut catch for the entire gear types during certain times of the fishery, and renumbered § 679.84(d) haul. The sampled hauls are year, it is unlikely that halibut PSC use through (f) as § 679.84(e) through (g). extrapolated to determine the quantity would limit the entry level fishery As envisioned by the Council, vessels of halibut for the unsampled hauls on a throughout the entire period when it could choose to opt–out of the Program trip. NMFS then calculates the halibut may occur (May 1 through November 15 (opt–out vessels). Opt–out vessels do catch rate from the sampled hauls for for trawl gear, and January 1 through not receive allocations of primary each directed fishery. These rates are December 31 for longline gear). Given rockfish species or secondary species then applied to all unobserved vessels the small amount of primary rockfish but are subject to sideboard limits under to determine total halibut mortality. The species TAC allocated to the entry level the Program. Sideboard fisheries will degree to which a given quantity of fishery, NMFS anticipates limited occur in July and catch of target species halibut is expanded varies enormously halibut PSC use in the entry level will be monitored at the fleet level. depending on the fraction of observed fishery, and a low likelihood that However, in these sideboard fisheries, hauls and the fraction of sampled catch halibut PSC use in other fisheries would halibut PSC will likely be a limiting in the observed hauls. In order to reduce foreclose the opportunity for an entry factor and thorough halibut PSC this extrapolation and thereby increase level fishery. accounting is needed to manage the July the reliability of halibut PSC rates, 100 Comment 90: The provisions in sideboards. If halibut bycatch mortality percent observer coverage is required § 679.84(c) requiring vessels that opt– is higher than the average mortality aboard the opt–out vessels. out of the Program to have observers encountered during the qualifying years, Because the distribution of organisms and monitoring at the same level as participants would not be able to fully by size and species often differs among vessels targeting rockfish would impose harvest their sideboard limits of the hauls, an aggregation of hauls (i.e., huge economic and compliance burdens target species. Participants will have a mixing two or more hauls) could create on companies not electing to participate strong incentive to under report halibut errors in the calculation of total in the Program. Requiring the expense bycatch. Catch composition data groundfish catch. For example, if a of increased observers and costly collected by an observer onboard a vessel mixes hauls from two different monitoring equipment, strictly for vessel is the best source of information areas or depths, species catch purposes of monitoring the sideboard for NMFS’ accounting of PSC. For this composition and size could be limit applicable to these vessels in July, reason, the monitoring tools appropriate significantly different between these seems extreme. Opt–out vessels do not to ensure observers are able to obtain hauls, and a composite sample may not receive an individual allocation and fish quality samples of halibut PSC are be representative of each individual off the general sideboard limit for the warranted. haul. Any errors would be exacerbated catcher/processor sector (the largest NMFS reviewed the monitoring and as the composite sample is expanded to sideboard amount). Opt–out vessels do enforcement standards in the proposed represent the total weight of the mixed not need this level of monitoring and rule and made several modifications to hauls. many of them are unable to support it. meet its needs for accurate catch Adequate accounting of the quota The purpose of the opt–out fishery is to accounting for the sideboard limits species under the Program will rely allow vessels which qualified for the applicable to opt–out vessels. These heavily on observer species composition Program, but are not dedicated rockfish standards recognize the intent of the samples. NMFS must have confidence boats to remain unaffected by the Council to subject opt–out vessels to that the data collected are representative Program. Why such onerous measures sideboard limits, while still providing of actual catch and that potential should apply to the opt–out sector is not adequate opportunity for those vessels sources of bias have been minimized. at all apparent. Consider reducing the to continue to be used in other non- Because the mixing of hauls could monitoring burden to opt–out vessels. central GOA rockfish fisheries. create unacceptable data errors in quota Response: NMFS agrees in part. Monitoring standards that NMFS is fisheries as described above, NMFS NMFS modified the regulations in applying differ from those applied to must prohibit the mixing of hauls. § 679.7(n)(2)(iii) to clarify that catch sideboard management for catcher/ Additionally, observers face many monitoring requirements in § 679.84(c) processor vessels participating in sampling difficulties when hauls are not through (e) during July do not apply to cooperatives because each cooperative kept separate inside fish bins. When catcher/processor vessels assigned to will receive a sideboard limit that will multiple hauls are mixed, it is the opt–out fishery. Instead, NMFS has require more intensive management. sometimes not possible for the observer inserted a new § 679.7(n)(2)(iv) that NMFS has modified the monitoring and to determine which catch is from a

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particular haul and the observer may tank. Industry representatives are above, NMFS will be able to rely on not collect a discreet sample from each concerned that a total ban on crew observer estimates of total catch for of the mixed hauls. As noted above, bias entering the fish bin would prevent the catch accounting. Inaccuracies introduced into the sample by mixing of flow of fish in rockfish fisheries or in associated with observer estimates as hauls is exacerbated when the sample is cases where mud prevents the natural well as any inaccuracies that result from expanded to the weight of the entire flow of fish from the bin. Therefore, the observer not having a sample hauls. Observers have several sampling when informed by the observer that all station, would be expanded to the fleet tools available to them to determine the sampling activities are completed for wide level and averaged over the total catch of multiple mixed hauls. any haul, crew would be allowed to fishery. Because observer sample However, all of these tools result in enter the bin without meeting the stations are no longer required, opt–out reduced accuracy and precision for total requirement of stopping the flow of fish vessels are not required to provide space catch determinations, especially when and clearing catch between the tank and for at least 10 observer baskets. each of the mixed hauls has location where the observer collects Comment 91: If a vessel has opted out significantly different actual catch unsorted catch. These requirements it is only fishing on sideboards in the compositions. For these reasons, opt– would allow observers to monitor month of July. From the perspective of out vessels subject to CGOA sideboard activities within the bin or tank while vessels whose sideboards could be limits during the month of July are maintaining sample collection encroached upon, 100 percent coverage prohibited from mixing hauls. protocols. for sideboard species in July should be The prohibition of mixing hauls could • Line of sight option. From the adequate. be accommodated under this Program in locations where the observer sorts and Response: NMFS agrees. This a number of ways that would not result weighs samples and collects unsorted comment has been addressed in the in loss of fish quality or maneuverability catch, an observer must be able to see response to Comment 90. concerns. For example, under the all areas of the bin where crew could be Comment 92: The modifications to the Program, vessels could slow fishing located. This requirement may be factory of catcher/processors to effort and the frequency with which accomplished by creating a viewing port accommodate this two year pilot gear is deployed to minimize the inside the bin, and must be approved by Program regulations would not allow a amount of time the codend must be NMFS. catcher/processor factory to work short-wired. Also, vessels have the • Video option. A vessel may provide efficiently in other non-rockfish ability to join cooperatives under this and maintain cameras, a monitor, and a fisheries. The factory configured for the Program and be given a direct allocation digital video recording system for all Program will not work efficiently for of a quota species, thereby removing the areas of the bin where crew could be other fisheries. race for fish. located. The video data must be Response: NMFS’ catch accounting Recent enforcement actions maintained and made available to needs remain the same whether for a concerning intentional presorting of NMFS upon request for no less than a two year Program or for one that would catch to bias observed catch rates of 120 day period. NMFS would approve be in place longer. Most of the halibut document the practice of biasing the installation of viewing ports inside modifications to a catcher/processor observer samples to optimize groundfish the bins. factory required under the Program are catch relative to constraining PSC or If the line of sight option or the video also required under Amendment 79 to other groundfish catch. However, NMFS option fail to meet the standard of the FMP for Groundfish of the BSAI (71 expects that opportunities to bias allowing the observer to view all the FR 17362, April 6, 2006). Amendment observer samples will be reduced under activities of crew in the bin (for 79 establishes a groundfish retention the Program in comparison to the status example, if a camera system becomes standard (GRS) which requires a quo because of the enhanced monitoring inoperable during any fishing trip), then minimum percentage of groundfish provisions established under this rule. the vessel must revert to the limit tank catch to be retained to reduce The observer must be able to view all access option. discarding. To be effective, Amendment the activities of crew inside the bin that Unsorted catch may not remain on 79 required changes to monitoring and occur before the observer collects deck outside of the codend without an enforcement provisions to accurately unsorted catch. This requirement would observer present, except for fish track discards. The final rule help the observer ensure his or her accidentally spilled from the codend implementing Amendment 79 will be sample consists of unsorted catch, and during hauling and dumping. NMFS effective on January 20, 2008. that no presorting activities are believes that fish that remain in a Amendment 80 to the FMP for occurring. The vessel is required to codend do not present a large Groundfish of the BSAI, which was choose, and have approved by NMFS, opportunity for presorting activities. recommended by the Council in June one of three options to meet this However, unsorted catch on deck 2006 and is under development and requirement. outside of a codend could easily be review by NMFS, also would implement These options are: presorted. similar monitoring and enforcement • Limit tank access option. No crew Flow scales and observer sample requirements. Amendment 80, if would be allowed inside the bin unless stations assist observers to obtain approved and implemented, would the flow of fish has been stopped accurate haul-by-haul accounting of establish a quota-based management between the tank and the location where total catch. However, NMFS will make program for several species in the BSAI the observer collects unsorted catch, all fishery closure decisions at the sector and would require measures adequate to catch has been cleared from all locations level (i.e., the joint opt–out and limited accurately track species specific catch between the tank and the location where access sideboard limit) rather than for a and discards. the observer collects unsorted catch, specific rockfish cooperative. As a The majority of the vessels eligible for and the observer has been given notice result, flow scales and observer sample the Program are subject to the that vessel crew must enter the tank. stations are not required for the July requirements of Amendment 79 when Also, it would be required that the sideboards for vessels that chose to opt– fishing in the BSAI, and all of the observer is given the opportunity to out of the Program. Given the other vessels eligible for the Program would observe activities of the people in the catch monitoring provisions described be subject to similar monitoring and

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enforcement provisions when fishing this manner drastically reduces the reducing constraint in the event that the under Amendment 80, if approved. quality of fish in the net being towed. speed with which fish could pass over Therefore, factories configured for the Rockfish are sensitive to losing color the scale was a limiting factor. Program will also meet factory (i.e., value) and flesh quality from being NMFS notes that a reduction in modification requirements for the held for long periods of time in short- throughput resulting from the use of a majority of the other fisheries in which wired nets, we feel it is a poor fishing single scale is highly unlikely in these the same vessels may participate practice. Second it could create a safety fisheries and the vessel may have beginning in 2008. problem related to maneuvering in close multiple lines both upstream and If vessel owners wished to forego the proximity to other vessels. downstream of the flow scale in order factory modifications required by this Response: NMFS has justified the to increase processing capacity or Program, several viable options exist. prohibition for mixing hauls in the flexibility. This requirement will only Vessel owners could join a cooperative response to Comment 90. Specifically, if result in a production-reducing and another vessel that meets the a vessel mixes hauls from two different constraint in the event that the speed monitoring requirements could harvest areas or depths, catch composition and with which fish could pass over the that cooperative’s CQ. A vessel owner size could vary among hauls, and a scale was a limiting factor. Given that could also join a cooperative which composite sample may not be NMFS-approved flow scales are capable would then lease their CQ to another representative of each individual haul. of weighing catch at rates of 60–80 cooperative. Additionally, vessel Any errors would be exacerbated as the metric tons per hour, NMFS does not owners could choose to opt–out of the composite sample is expanded to the believe that such a bottleneck would be Program and be subject to reduced total weight of the mixed hauls. created. NMFS also notes that all the monitoring requirements, as detailed in Adequate accounting of the species catcher/processors and motherships the response to Comment 90. under the Program will rely heavily on participating in the AFA pollock fishery The EA/RIR notes that ‘‘given the observer species composition samples. are able to effectively pass fish across a complexity of the [Program] and the NMFS must have confidence that the single point in spite of the fact that limited time period for its effectiveness, data collected are representative of factory throughput in these vessels is NOAA Fisheries intends to manage the actual catch and that potential sources often considerably greater than the fishery to reduce costs and the of bias have been minimized to the throughput of any of the catcher/ complexity of quota management.’’ greatest extent practicable. Because the processors regulated under the Program. NMFS has attempted to develop a mixing of hauls could create Regulations at § 679.84(c)(4) do not monitoring and enforcement program unacceptable data errors as described limit the ability of a vessel to use that is cost-effective, manageable, and above, NMFS must prohibit the mixing multiple scales simultaneously, effective. The EA/RIR also notes that: of hauls. provided that each scale is used to Share-based management programs can The prohibition of mixing of hauls weigh separate hauls and the live bin increase the incentive of participants to under the Program could be configuration keeps each haul flowing misreport and high grade catch, while at the accommodated in a number of ways that over the scale separately. If two hauls same time increasing the burden on managers would not result in loss of fish quality were kept separate and two scales were to provide highly defensible estimates of or maneuverability concerns as detailed in use at the same time, by regulation, catch, especially when those estimates in the response to Comment 90. a separate observer and sample station directly impact quota holders. NOAA Comment 94: Catcher/processors that met the requirements described at Fisheries has dealt with these issues by should be allowed to install two flow clearly articulating goals for the management § 679.28(d) would be required. The of share-based fisheries and imposing new scales off existing conveyors, just commenter’s suggestion to allow a and more stringent monitoring and observer forward of each fish bin. This would single observer to monitor both lines in requirements as these programs have been allow the flow of fish to move over the conjunction with video monitoring is developed. All of these programs have been scales and onto the sorters on both sides not feasible because hauls are stratified unique in terms of the fleet and fisheries of the bins. This would limit potential to an unknown extent inside the live rationalized, and interventions developed for constraints on production that one bin, the samples taken from different the programs have varied as well. The operational line may cause. The flow scales also would not be Central Gulf of Alaska rockfish pilot program observer could monitor the opposite representative of the catch for the entire is no different in this regard and side from where he/she was standing development of a suitable monitoring haul, and the samples taken from the program will involve the development of through the installation of video different sides would thus not be new tools to ensure defensible catch data is monitoring equipment, giving the representative of the total catch. collected to minimize unreported discard of observer 100 percent visual coverage of Comment 95: Because there is no allocated species catch. all fish prior to its entering onto the regulatory justification for applying the The monitoring and enforcement scales. Observer random samples could monitoring and enforcement provisions in this rule for vessels in be taken from either conveyor. requirements to the opt–out fishery, the rockfish cooperatives and the limited Response: NMFS agrees that two flow agency should reconsider its position on access fishery were designed to meet the scales are acceptable under certain this matter and restore the Council’s multiple objectives of NMFS’ catch circumstances. Regulations under original recommendation. accounting and reporting needs. The § 679.84(c)(4) only require that a vessel Response: NMFS disagrees that there rule has not been modified. not have more than one operational line is no regulatory justification for Comment 93: The provision in for the passage of all unsorted catch applying monitoring and enforcement § 679.84(c)(1) would prohibit vessels between the scale used to weigh total standards to catcher/processor vessels from bringing onboard any additional catch and the single location where the that participate in the opt–out fishery. catch of fish until the prior net’s fish observer collects his samples. The See the response to Comment 90, which had cleared the fish bin and passed over vessel may divide those lines both addresses modifications to the the scale. If this rule is implemented as upstream and downstream of the flow requirements applicable to catcher/ written we will likely be forced to fish scale in order to increase processing processor vessels in the opt–out fishery, while processing and retain the full net capacity or flexibility. This requirement and responses to Comment 119 and the off bottom and short-wired. Fishing in will only result in a production- comment on the IRFA under the

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classifications section, which address needed to ensure all different types of Response: NMFS agrees that, in the the regulatory justification for these fishing activities and associated catch proposed rule, § 679.84(c)(9)(i)(E) is monitoring and enforcement provisions. are observed. inconsistent with § 679.84(c)(9)(i)(D). Comment 96: In § 679.84, the change Additionally, vessels may engage in NMFS has modified the catch in observer coverage for catcher vessels activities that do not represent their monitoring provisions applicable to subject to an aggregate sideboard is fishing activities when an observer is monitoring fish bins onboard catcher/ inconsistent with monitoring provisions present. As an example, vessels may set processor vessels so that an observer for the AFA catcher vessel sideboards. and immediately retrieve a net before should either observe operations in the The AFA trawl fleet sideboard midnight and then again after midnight bin as required by § 679.84(c)(9)(i)(D), or provisions are managed at the aggregate to obtain observer coverage for two notify the vessel operator that all level. This fleet has halibut mortality days. Further, because it is likely that sampling has been completed and bin cap sideboards by season and by fishery vessels will cooperate, it is reasonable to monitoring is no longer required, as complex in the GOA and no additional assume that vessels may also cooperate required by § 679.84(c)(9)(i)(E). NMFS observer coverage was required for this when fishing under a sideboard limit. has also modified § 679.84(c)(9)(i) to fleet to manage these halibut caps. The This may induce vessels to select note that the vessel operator must rockfish catcher vessel fleet should not specific vessels to carry observers and comply with the conditions of be held to a higher standard than the fish in areas with halibut PSC rates that § 679.84(c)(9)(i)(A) through (D), or AFA fleet. To help the agency, the are lower than those that would be § 679.84(c)(9)(i)(A) through (C) and (E). industry may be willing to provide encountered in other areas, which Comment 98: Paragraph (c) of § 679.84 timely reporting for the flatfish catch would effectively lower halibut PSC states that monitoring and enforcement and observer rates through a self rates below those that would be requirements apply at all times that a reporting system on a trip-by-trip basis observed if more complete observer catcher/processor has fish on board that to the inter-cooperative manager, if the coverage were available. This technique were harvested under a CQ permit or in observer requirements stay at 30 would effectively prolong fishing the limited access fishery or while percent. This system would be much activities because the halibut PSC rate is subject to sideboards (as in the opt–out faster and time sensitive then present low and the sideboard limit would be fishery in July). This requirement would agency tools and this self-reporting reached later. mandate either that the vessel offload Further, vessels with limited observer system would foster a joint industry and after completing the rockfish fishery, or coverage requirements could adjust the NMFS management approach. Consider carry the additional monitoring and reducing monitoring burden to vessels timing of their observer to maintain enforcement coverage into its next subject to the aggregate catcher vessel favorable, but inaccurate halibut PSC fishery. Either requirement is excessive sideboards. rates. For example, if limited observer Response: NMFS disagrees. Observer coverage and data are available from the and unnecessary. Offloads are extremely coverage for the AFA fleet was Central GOA flatfish fisheries in the expensive in terms of fuel to and from developed for a different fishery, and a beginning of July, information on the offload point, lost fishing time, etc. different group of vessels with different halibut PSC use rates must be derived Once the vessel has completed the expected behaviors than catcher vessels from other sources. The proxies for the rockfish fishery it should no longer be participating in the Central GOA flatfish halibut PSC use rate in the flatfish subject to those monitoring and fishery in July. Specifically, NMFS fishery may differ significantly from the enforcement requirements. The coverage anticipates that the vessels that are actual rates that would be observed. during the fishery is more than adequate subject to sideboards in the Program This is particularly true in cases where to monitor how much fish was caught will fully harvest their sideboard limits. NMFS is using data from other target during that time. This has not been the case historically fisheries, or from other regions of the Response: NMFS disagrees. Full for the AFA sideboard fisheries. In GOA. Since the limiting factor for the offload will not be required after particular, several of the vessels subject July sideboard fisheries is available completing fishing in a Program fishery to the Program sideboard limits are halibut PSC, timely and accurate PSC and, as the commenter notes, a vessel expected to fish in the shallow-water information at the vessel-specific level owner may choose between the cost of complex and fully utilize the shallow- is needed to manage the fishery. continued compliance with the water halibut PSC limit assigned to the Observer data collected from a subset monitoring and enforcement catcher vessel sector. Because the of vessels under these conditions are not requirements or the cost of a premature flatfish fisheries are constrained by the reflective of conditions that are likely on offload. NMFS also notes that many of halibut PSC sideboard limit, halibut are unobserved vessels and have limited the monitoring and enforcement costs required to be discarded, and halibut value to the management of the fishery (continued weighing of all catch, PSC estimates must be derived from under the Program. Without a continued availability of an observer observer coverage. NMFS must obtain mechanism in place to evenly distribute sampling station) will not increase timely observer data to ensure that the observer coverage throughout a season significantly if extended for the halibut PSC sideboard limits are not among vessels and areas, and to ensure remainder of a trip. Continued high exceeded. observer samples collectively represent level observer coverage for non-rockfish The purpose of sideboard true fishing behaviors for the fleet, no portions of the trip may impose management is to protect those not other option currently exists than 100 significant costs on the vessel. However, receiving the benefits of the Program percent observer coverage. The rule has given that the vessel will be required to and other members of the Program from not been modified. return to port in order to drop off extra being adversely affected. Vessel Comment 97: Paragraph (c)(9)(i)(E) in observers in any event, the additional monitoring system (VMS) information § 679.84 is inconsistent with paragraphs fuel costs associated with an early gathered from catcher vessels in the (c)(9)(i)(A) through (D). This paragraph offload should be minimal. Further, the Central GOA rockfish fisheries suggests should be revised to require that a potential loss of fishing time can be that fishing behaviors differ when an catcher/processor meet the requirements mitigated by the increased flexibility in observer is not onboard a vessel. One of paragraphs (c)(9)(i)(A), (B), (C), and scheduling fishing activities afforded by hundred percent observer coverage is (D) or (E). the Program.

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The Program will implement harvest may only become aware of them during possession of these data, NMFS will restrictions for multiple species while the debriefing process. The video data maintain them for analytical or fishing in the GOA. Vessels subject to will be used as a tool to verify the enforcement purposes within the the Program also could simultaneously information the observer provides confidentiality processes required by harvest fish in the GOA under several during their debriefing. One of the goals law. other different management programs. of this Program is to determine the NMFS agrees that there are Without adequate monitoring and feasibility of a large scale GOA confidentiality issues associated with enforcement provisions it would be rationalization project. NMFS needs to the video surveillance requirements. difficult to account for fish under each evaluate how the video system Were a surveillance video requested by possible scenario. For example, a vessel functions aboard each of the vessels. the public, NMFS would apply certain may choose to target fish subject to open See response to Comment 100 for laws controlling the release of access management, and then target fish confidentiality of video data concerns. information it possesses. These laws subject to the Program during the same This collection would not fit under include the Freedom of Information Act, trip. Each of these species groups could ‘‘voluntary’’ collection. If NMFS the Trade Secrets Act, and the be subject to differing harvest requests the video data it must be Magnuson-Stevens Act. According to limitations, including MRAs. This submitted. Magnuson-Stevens Act Section 402(b), necessitates separate accounting of Comment 100: The costs of information that is submitted to NMFS catch for each specific program and installation and maintenance of a video pursuant to a requirement under the Act purpose. NMFS must be able to ensure monitoring system for a two year is considered confidential. Additionally, compliance with regulations governing program, based on unfounded the Freedom of Information Act and each fishery and there must be an assumptions, are excessive. If we install Trade Secrets Act may prevent release authoritative record of the amount of a video monitoring effort as prescribed of certain commercial information, fish harvested under the Program. by the regulations, how will NMFS which may include video data. In The monitoring objectives and exercise custody and control of the addition to the statutory protections, management structure are different video. Will the video belong to our NMFS complies with regulatory between quota fisheries and non-quota company even after we provide it to guidelines at 50 CFR 600.415 et seq., fisheries, and switching monitoring NMFS? Can the video be used in a court which control collection, handling, and programs mid-trip would create of law against our company? disclosure of confidential fisheries significant enforcement challenges. For Response: NMFS believes a information. Although confidential example, if primary rockfish species or substantial enforcement need exists to fisheries data are not publicly disclosed, sablefish harvested under Program and monitor crew activities within fish bins. legal guidelines do permit data release non-Program fisheries were combined in A video monitoring system is one of in aggregate form that does not reveal an offload without the continued three options designed to meet this need the identity of the person submitting the monitoring provisions, it would be (see response to Comment 90). Recent information or result in competitive impossible to verify non-Program catch enforcement actions concerning harm. The commenter should consult from Program catch. Consequently, intentional presorting of catch to bias their attorney for cases involving video monitoring standards would need to observed catch rates of halibut data requested as part of a lawsuit remain in place for a vessel subject to highlights behavior that biases observer against the company. the Program until the vessel offloaded samples to optimize groundfish catch Comment 101: Paragraph (c)(9)(iv) of all the Program catch. relative to constraining PSC or other § 679.84 gives an observer the authority Comment 99: Paragraphs (c)(9)(iii)(A) groundfish catch. Given the nature of to insist on having no person in the tank through (D) of § 679.84 requires storage this quota fishery, additional incentives if the observer ‘‘determines that a of all video data from an entire trip for may exist to sort limiting PSC or target monitoring option selected by a vessel. no less than 120 days after the start of species, particularly halibut, prior to an . .fails to provide adequate monitoring the trip. If it is sufficient to have an observer collecting a species of all areas of the bin where crew could observer watch activities in the tank composition sample. This potential was be located.’’ An observer could abuse (under the other two options) and the described in the preamble to the this discretion by insisting that every observer has a video monitor at their proposed rule (71 FR 33068). NMFS inch of the tank be visible from the work station (section G), why is it expects that opportunities to bias observer station, which is clearly not necessary to record and store the video? observer samples will be reduced under necessary or possible. The observer There are concerns about the the Program in comparison to the status should be able to challenge the viability confidentiality of video data, quo because of the enhanced monitoring of the monitoring plan and document particularly since this would be a provisions established under this rule. their concerns without forcing the ‘‘voluntary’’ collection. If an observer’s The EA/RIR/IRFA prepared for this vessel to operate without a person in the statement of what they observed is action described the anticipated costs of tank. sufficient in the other options, it should a video monitoring system, if the vessel Response: NMFS will certify a bin be sufficient with the video option. owner chooses the video option to meet monitoring method that meets all There should be no requirement to store the bin monitoring requirements. NMFS regulatory requirements during the or retain the video data. considers these costs reasonable annual observer sample station Response: NMFS disagrees. Observers compared with the expected reductions inspection required under § 679.28(d). will be required to complete other in bias introduced into observers’ Vessels that choose to opt–out of the duties and will not be able to monitor samples. Program are not required to have an the video output at all times. If the Video data collected as a requirement observer sampling station, but must video is recorded, they will be able to of regulations belong to the vessel contact NMFS to arrange to certify their review the video at a later time to owner and, according to regulations at bin monitoring method as required ensure no presorting occurred during § 679.84(c)(9)(iii)(D), must be retained under § 679.84(c)(4)(v). Documentation their sampling. Also, observers may not onboard the vessel for 120 days. These relating to this certification is required be aware of all potential violations that video data must be submitted to NMFS to remain aboard the vessel while the may have occurred on the vessel and when requested. When NMFS takes vessel is engaged in fishing activities.

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NMFS will use photographs and requirements are necessary to species, thereby removing the race for diagrams to provide the views of the bin adequately account for quota catch fish. Vessels will have the option to for the line of sight option or the video under this Program and are necessary slow fishing and therefore reduce the option. Any portions of the bin that do and justified. need to store fish on deck outside the not need to be monitored will be noted Comment 103: The proposed rule codend. The rule has not been modified. on the certification. If at any time the appears to limit a vessel to a single Comment 105: In § 679.84(c)(8), observer has doubts about the operational line and scale. Until turning control of the belt operations applicability of bin monitoring publication of the proposed rule, we over to the observer is questionable. requirements, they must consult the had the understanding that vessel This not only has the effect of slowing sample station or bin monitoring owners could install two operational down the production, but now puts the certification and verify that the bin lines with flow scales so as not to observer in direct control of factory monitoring differs from the certification. impede the flow of fish out of the fish operations. Does the observer assume Any decision made by the observer will bin or through the factory. The rule any liability for the consequences of the be made in consultation with their limiting a vessel to one operational line stopping of the belt operation if it NMFS inseason advisor. The rule has results in a significant reduction in causes an injury? not been modified. productivity and financial impact that Response: Regulations at Comment 102: The provision in was never analyzed during the Council § 679.84(c)(8) do not require observers § 679.84(c)(2) that requires a large new process. to have physical control of belt Response: NMFS has addressed and costly observer sampling station to operations. Rather, regulations require operational aspects of this comment in be installed as a part of a two year vessel operators to ensure crew the response to Comment 94. As noted rockfish demonstration program is not members provide reasonable assistance there, NMFS does not anticipate that the warranted or practical. The costs to observers during the course of their number of flow scales will limit associated with the installation and sampling activities. For observers to major modifications to the existing production capacity. The EA/RIR/IRFA prepared for this collect random and discreet samples, vessel’s factory are not justified nor they will need to request the crew to could cost be amortized over a two year action described the costs associated stop and start belts in the factory. program. with the required monitoring Additionally, this will allow observers Response: NMFS disagrees. Although provisions. These costs included the this Program is intended to be a pilot costs associated with flow scales and to help ensure no one is in the bin while project for the development of future sampling station installations for one they collect their sample. An observers’ GOA rationalization initiatives, the scale. While the EA/RIR/IRFA did not ability to request that belts be cleared or interim status of the Program does not describe the costs associated with two slowed down will not change current obviate the need for adequate observers available to sample at all requirements. Furthermore, observers monitoring and enforcement. Because times (necessitating a total of four are advised during training not to this Program is intended to test observers per vessel), two flow scales, perform duties of the crew aboard the numerous aspects of multispecies quota and two sample stations, these costs vessels. Because observers will not have management in the GOA, adequate could be doubled to provide an estimate direct, physical control of the belts and monitoring and enforcement standards of total costs. will not be making the decision to stop are essential for a comprehensive Comment 104: The effect of the or start a belt if a safety situation exists, review. Further, vessels subject to this regulation at § 679.84(c)(5) will be to the observer will not assume the Program are subject to the same sample significantly slow down fishing liability. The rule has not been station requirements as in Amendments operations, because the vessel will no modified. 79. This was done in part to reduce longer be able to use the deck area to Comment 106: As an active costs incurred by catcher/processors hold fish while it resets the net. This participant in the development of the that also participate in the BSAI. For standard industry operating practice of two year demonstration Program, our additional discussion, see the response holding fish on deck has been allowed company never envisioned the far to Comment 90. for the past 15 years and if prohibited reaching, invasive, and costly regulation Observer sample stations facilitate the will again increase the unit cost of requirements being proposed in these collection of quality unbiased species production. regulations. Industry envisioned the two composition samples. Each catcher/ Response: A vessel operator may still year experimental Program to be a processor vessel choosing to fish for a use deck area for storage but all fish program that would allow companies to rockfish cooperative or in the limited must be contained inside the codend. If catch and process fish without imposing access fishery will be required to vessel operators leave fish on deck significant costly catch or processing provide a location for observers to outside a codend, incentives exist to restrictions. Abandon these regulations collect samples. Under the Program, sort fish without an observer present. and conduct a series of meetings with observer samples will be used for catch Recent enforcement actions concerning the industry involved to develop more accounting of quota species. intentional presorting of catch to bias reasonable and workable monitoring The proposed rule and the final EA/ observed catch rates of Pacific halibut and enforcement provisions. The RIR, discuss the need for haul-by-haul highlight this practice of biasing presumptions made by the agency of the catch monitoring standards to monitor observer samples to optimize groundfish accuracy and level of monitoring and support this Program. NMFS’ ability catch by minimizing the potential required to implement this Program are to adequately account for quota catch constraints of properly observed halibut not in line with industry expectations. would be severely compromised or PSC or other groundfish catch. Fish on The proposed rule far exceeds what a impossible under current regulations deck that are stored inside a codend are reasonable person would look for to because these regulations do not less likely to provide presorting ensure the integrity of the Program. The provide the information needed to opportunities. participants within the Program should determine the haul-by-haul accounting Vessels have the ability to join judge what accuracy is required for the of quota catch. NMFS has determined cooperatives under this Program and accounting of catch within the that the observer sampling station receive a direct allocation of a quota cooperative.

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Response: NMFS disagrees. Although Amendment 80 is approved and the CQ permit. Prior to July, vessels the costs and extent of the monitoring implemented. These regulations will would not be subject to sideboard and enforcement provisions required by result in exorbitant costs and duplicate limits. If the vessels are fishing in July, this rule may be greater than desired by regulations that have been promulgated they can target on rockfish a using their the commenter, NMFS and the Council under Amendment 79 and will again be CQ permit, or target other fisheries, but provided extensive public opportunity promulgated under Amendment 80 of would be subject to July sideboard for discussion and analysis of these the FMP. limits. provisions throughout the development Response: NMFS does not intend to Response: NMFS agrees. Vessels that of the Program. Additionally, in delay the effective date of the Program. are participating in a rockfish response to public comments on the As the Commenter indicates, regulations cooperative can begin fishing under a proposed rule, NMFS has modified the already published under Amendment 79 CQ permit on May 1. Harvests made by final rule to reduce the burden of the to the BSAI groundfish FMP (April 6, vessels in a rockfish cooperative that are monitoring and enforcement standards 2006, 71 FR 17362) contain the same not fishing under a CQ permit will be on the fleet while maintaining NMFS’ monitoring requirements as those subject to current regulations regarding ability to meet the monitoring and implementing the Program, with limited target species, halibut PSC accounting, enforcement objectives of the Program modifications (e.g., bin monitoring and MRAs in May and June. From July (see the responses to Comments 50 and requirements under § 679.84(c)(9)). 1 through July 31, vessels in a rockfish 90). Additionally, the draft EA/RIR/IRFA cooperative may fish under the CQ In developing the Program, NMFS and reviewed by the Council during the permit, and fish harvested under that the Council analyzed and discussed the development of Amendment 80 CQ permit will not be debited from the management, monitoring, and analyzes many of the requirements of sideboard limit that is applicable to that enforcement of the Program. NMFS and Amendment 79 and this Program. These vessel. However, if that vessel is not the Council clearly articulated the need monitoring provisions are necessary for fishing under a CQ permit, catch by that for high quality monitoring and monitoring, enforcement, and biological vessel will be debited from the enforcement for this quota-based and management data collections. sideboard limit that is applicable to that Program in the EA/RIR/IRFA prepared Where practicable, NMFS has vessel. After July 31, sideboard limits for the proposed rule and the final EA/ intentionally promulgated or intends to are not applicable to that vessel. RIR. The need for and nature of these promulgate regulations that are similar Comment 109: As participants in the monitoring and enforcement provisions or the same among multiple CGOA rockfish fishery, we do not want are contained throughout these management programs. NMFS’ intent in to see our allocation eroded by our own documents, and were addressed at creating similar monitoring provisions participation in second season GOA Council meetings in 2004 and 2005 is to allow vessels that participate in fisheries or our sideboard fisheries during which the Program was multiple management programs to prosecuted prior to prosecution of our developed (see the Council website for comply with each program’s monitoring allocation. additional information: http:// and enforcement provisions Response: Sideboard limits are www.fakr.noaa.gov/npfmc). simultaneously and as efficiently as applicable only during July. If an A series of public meetings were held possible. Participants may meet many of eligible rockfish harvester chooses to with industry to develop workable the monitoring requirements of operate in non-Program fisheries prior monitoring and enforcement provisions. Amendment 79 and Amendment 80, if to July, existing regulations would In addition to work done in conjunction approved and implemented, by making apply. with the Council process, NMFS held the catcher/processor factory Comment 110: According to the draft two public meetings on June 27, 2005, modifications required for this Program, EA/RIR/IRFA, the 1999 rockfish and December 16, 2005, (see 70 FR and effectively offset the costs opening date was July 4. Table 28 in 72791 and 70 FR 36555), to gather associated with vessel modifications part 679 indicates that the opening date industry input for the development of and down time (see response to for all three primary rockfish fisheries the monitoring and enforcement Comment 93). was July 1. The correct opening date is requirements for the Program. The two Under the Program, options exist for July 4. The regulations should be public meetings were held in Seattle, the vessels that do not wish to make changed. Washington, and addressed monitoring these modifications in the first year of Response: NMFS agrees and has and enforcement requirements that the Program. A vessel operator could corrected Table 28 to part 679. Table 1 would apply to the fishery participants, choose to opt–out of the fishery and of the final EA/RIR prepared for this including the catcher/processor sector, have the reduced monitoring action as well as records maintained by under Amendment 80 and the Program. requirements and observer coverage NMFS note that the opening date for all These meetings were well attended by apply; join a cooperative and arrange to three primary rockfish fisheries in 1999 numerous representatives from the have other vessels that meet the was July 4, not July 1. affected public. Comments received at monitoring requirements fish the CQ for Comment 111: According to the EA/ these meetings were considered and the cooperative; or create a cooperative RIR/IRFA, Pacific cod will be managed incorporated into the monitoring and and lease the resulting CQ to another as a hard cap for the catcher vessel enforcement provisions contained in cooperative. All of these options forego sector and managed for the catcher/ this rule. After the publication of the the need to modify the vessel, provided processor sector using an MRA. The proposed rule on June 7, 2006, NMFS that vessel is not used to fish in the following text in the preamble to the held two public meetings to further GOA during July. The rule has not been proposed rule is inconsistent with these explain the nature of the Program, and modified. management measures:‘‘The Council monitoring and enforcement Comment 108: If vessels are fishing recommended managing Pacific cod in requirements (see 71 FR 35859). under a rockfish cooperative CQ permit the catcher vessel sector using an MRA Comment 107: Reconsider approval in May or June, they can target rockfish that would reflect historic harvest rates and implementation of this rule or delay using the CQ permit, or vessels assigned but provide more flexibility for the fleet implementing the regulations until at to a rockfish cooperative could target than a fixed hard cap’’ allocation of CQ least 2008, when we will know if flatfish fisheries when not fishing under might provide.’’

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Response: NMFS agrees that the third season should remain unchanged selectively target high value, secondary preamble text is inconsistent with the at 200 mt for the sideboard cap to have species.’’ regulatory text in § 679.20(e) and in any meaning. Comment 116: Modify § 679.84(f)(3) Table 30 to part 679. The regulatory text Response: NMFS agrees that the use and Table 10 to part 679 to clarify that is correct and the error in the preamble of halibut mortality in the Program rockfish cooperative MRAs apply to is typographic. should be debited from the trawl vessels fishing CQ only, and that the Comment 112: Table 30 to part 679 apportionments of halibut PSC currently MRAs for northern rockfish, pelagic lists the wrong MRA percentage for made for fishing in the third season shelf rockfish, and Pacific ocean perch Skates and Other Species at 2.0 percent. (July 1 through September 30). The in the limited access fishery apply when These values should be 20 percent, mechanism that the Commenter directed fishing for those species is which is consistent with what is describes for accounting for halibut PSC closed. Add an MRA amount for presently in the regulations in Table 10 use in the Program is consistent with thornyhead rockfish in the limited to part 679. The Council recommended NMFS’ intent to manage halibut PSC access fishery for catcher vessels and changing the MRA percentage for only without modifying apportionment of catcher/processors. certain species. The Council did not halibut PSC available to the non- Response: NMFS agrees. However, the recommend changing the MRA Program participants in other seasonal comments are applicable to Table 30 to percentages for Skates and Other apportionments. No modification to the part 679, not to § 679.84(f)(3). Species. rule has been made. Specifically, NMFS has modified Table Response: NMFS agrees and has Comment 114: Paragraph (h)(1) of 30 to note that the MRAs that are changed the MRA for ‘‘Skates’’ and § 679.81 states that rockfish applicable to ‘‘Rockfish Cooperatives’’ ‘‘Other Species’’ to 20.0 percent. The cooperatives may harvest non-allocated apply only to vessels that are assigned text in Table 30 to part 679 of the species up to the MRA limits to fish the CQ for a rockfish cooperative, proposed rule listing an MRA of 2.0 established in Table 30 to part 679. The but are not applicable to vessels that are assigned to a rockfish cooperative but percent was a typographic error. This regulation should specify that other change is consistent with the MRAs fishing in other fisheries. Those vessels non-allocated species may be harvested established for other non-allocated would continue to be subject to MRA up to the MRA in Table 10 of GOA secondary species. restrictions applicable to the specific specifications. The same clarification Comment 113: The Council motion non-Program fishery in which they are should be made in § 679.81(h)(2) and allocates a percentage of the overall engaged under Table 10. This provides (3). halibut mortality cap to Program additional clarification lacking in the participants, either as cooperative Response: Table 30 to part 679 does original text of the table. allocations or as allocations to the note the MRA percentages that are MRA percentages are applicable only limited access fishery. During the applicable to non-allocated species and when a directed fishery for a species is development of the sideboard describes the amount that vessels closed and that species is an incidental provisions, industry participants have participating in fishing under a CQ catch species as described under always assumed that the halibut permit may harvest. Vessels not fishing § 679.20(e)(1). No change is necessary to mortality from the third season under a CQ permit, but assigned to a indicate when the MRA percentages allocation was being modified by rockfish cooperative, are subject to the apply to northern rockfish, pelagic shelf Council action for the Program. This MRA percentages established in Table rockfish, and Pacific ocean perch in the means that the halibut apportionment 10 to part 679. Table 30 to part 679 has limited access fishery. for trawl gear for the third season (July been modified to clarify this intent. An MRA percentage for thornyhead 1) should be the only halibut Comment 115: Table 30 to part 679 rockfish has been applied under the apportionment that should be modified should be modified because the MRA response to Comment 115. for the year, rather than modifying the for thornyhead rockfish for the limited Comment 117: Ban all trawling annual GOA deep complex halibut access fishery seems to be missing. completely. It decimates the bottom for mortality limit of 2000 mt. Response: NMFS agrees. NMFS has forty years before regrowth can take Currently, the third season trawl modified Table 30 to part 679 to include place. It is extremely anti- halibut mortality apportionment is 400 a row for the MRA for thornyhead environmental. Cut all quotas by 50 mt for deep-water complex species, and rockfish that would be 4.0 percent of the percent this year. It is clear that the 200 mt for shallow-water complex basis species for vessels fishing in the marine life in this area is starving when species. Allocation to the Program for limited access fishery. This amount is so many metric tons are taken by these halibut PSC CQ should be taken off this consistent with the MRA percentages greedy commercial fish industry 400 mt apportionment instead of off of established for other rockfish species profiteers, who are willing to decimate the entire 2000 mt limit. This will make (e.g., northern rockfish) that may be every single species. It is time to put a the third season halibut sideboard cap incidentally harvested in the limited hold on the enormity of this functional for the industry where the access fishery, except shortraker and depredation by these profiteers. catcher vessel Program participants are rougheye rockfish for which the Council Response: This action is not intended sideboarded at 101 mt in the deep-water recommended a lower MRA percentage. to ban specific gear types. Amendment complex, and at 137 mt in the shallow- This MRA percentage is also consistent 68 is intended to provide an water complex. If the halibut with the intent to lower MRA opportunity to implement the Program apportionments are not taken from the percentages for secondary species. As as directed by Congress and developed third season, then the July sideboard noted on page 22048 of the preamble to in coordination with the Council. The caps would not be indexed correctly. It the proposed rule (71 FR 33040), ‘‘the Final EA/RIR developed for is inappropriate to take the Program’s secondary species MRA in the limited Amendment 68 did review the impacts halibut PSC allotment from the total access fishery would be reduced from of this action and concluded that it yearly halibut cap, because there are current MRA levels. This approach would not result in a significant impact many other fisheries that depend on that would reduce the incentive for eligible on the human environment. Each year, halibut PSC allotment. Additionally, the harvesters to participate in a limited NMFS and the Council review the status shallow complex apportionment for the access fishery and ‘‘top off,’’ or of stocks through a public scientific

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review process to ensure conservation of during July. NMFS merely placed into with the term ‘‘Rockfish Program the resource before allocating TAC or regulations the Council’s intent. See fishery’’ to ensure greater consistency quota. Banning trawling or reducing also the response to Comment 90. and clarity. harvests are not the goals of this action Comment 120: The Magnuson-Stevens In § 679.7, NMFS made several and would need to be addressed in a Act imposes a substantive standard on modifications to prevent vessel separate regulatory action developed NMFS and requires it to assess the operators from circumventing through the Council process. benefits and burdens of its management monitoring and enforcement provisions Comment 118: NMFS’ apparent measures and monitoring programs, in established for rockfish cooperatives, purpose for sweeping all vessels with particular under National Standards 7 rockfish limited access fisheries, and the any legal rockfish harvests during the and 8. These regulations violate opt–out fishery by using an LLP license statutory qualification period into the National Standard 7 of the Magnuson- that is not assigned Rockfish QS. By Program is to avoid a situation in which Stevens Act. Failure to overlook such an removing the NMFS approval process owners of multiple vessels consolidate important issue also raises questions of for adding and removing specific vessels the history of one of more vessels under reasoned decision-making. eligible to fish for a rockfish cooperative a cooperative, and use the other or Response: National Standard 7 states through a CQ permit modification in others to increase capacity in non- that, ‘‘conservation and management response to Comment 50, NMFS rockfish fisheries. This is not a concern measures shall, where practicable, changed the method used to ensure that with vessels that have not participated minimize costs and avoid unnecessary the activities of specific vessels is in the rockfish fisheries at more than a duplication.’’ National Standard 8 states monitored adequately and catch are minor level because they have nothing that ‘‘conservation and management properly deducted. These changes are of value to transfer. Develop a measures shall, consistent with the consistent with the intent of the reasonable threshold that excludes such conservation requirements of this Act monitoring and enforcement provisions vessels from the Program to remove the (including prevention of overfishing and in the proposed rule to adequately complexities attendant to the opt–out rebuilding of overfished stocks), take monitor all catch by vessels under the fishery. into account the importance of fishery Program. Response: The Council and NMFS resources to fishing communities in First, NMFS modified the jointly developed the Program. The order to (A) provide for the sustained prohibitions in § 679.7(n)(1)(i) through Council chose to use criteria that participation of such communities, and (iii), (n)(2)(i), (n)(2)(ii), (n)(3)(i), included vessels with limited historical (B) to the extent practicable, minimize (n)(3)(ii), and (n)(3)(iv) to apply vessel harvests. This choice was made in adverse economic impacts on such monitoring and enforcement standards consideration of the guidance provided communities.’’ to vessels that are assigned to a rockfish in Section 802, the Magnuson-Stevens NMFS has determined that this final cooperative, limited access fishery or Act, and through the Council’s public rule meets the Magnuson-Stevens Act opt–out fishery, even if those vessels are process. NMFS does not disagree that national standards. NMFS reviewed the not named on an LLP license with alternative sideboard provisions could requirements of all national standards, Rockfish QS. This ensures that all have been developed for the vessels that including National Standards 7 and 8, vessels in the Program are properly choose to participate in the opt–out and explicitly address how the Program monitored regardless of the specific LLP fishery. However, the decision to meets those standards in Section 4.1 of license used by that vessel. require those vessels to comply with the final EA/RIR prepared for this Second, NMFS inserted a new sideboard limits was deliberated action. Additionally, the final EA/RIR prohibition in § 679.7(n)(1)(v) that through the Council’s public process, addresses issues related to the national prohibits a vessel from being used in and the regulations developed by NMFS standards. The final EA/RIR addresses more than one Program fishery in a are consistent with the Council’s motion the monitoring and enforcement costs of calendar year. This change mirrors recommending this action and the Program and potential effects of the existing requirements in Amendment 68. The rule has not been allocations on fishery dependent § 679.7(n)(1)(iv) that apply to LLP modified. communities. Monitoring and licenses. This change is necessary to Comment 119: The Program stands on enforcement needs and costs are also ensure that all vessels fishing in the an unusual footing given that Congress addressed in the classification section of Program are properly assigned to only directed the ‘‘Secretary’’ to establish the the preamble to the proposed rule and one Program fishery. Otherwise, vessels Program. Once the agency turned this final rule. could be assigned to more than one responsibility for the Program cooperative, or to the limited access development over to the Council, it is Additional Changes from the Proposed fishery and a cooperative, limiting the not clear that NMFS can, without Rule ability for NMFS to adequately monitor explanation, ignore the Council’s NMFS made the following changes and track harvests and creating the recommendations with respect to the from the proposed rule to the final rule potential for a small number of vessels opt–out fishery. In so doing, NMFS has to clarify regulatory language or correct to be assigned to multiple cooperatives. arbitrarily and capriciously failed ‘‘to mistakes in the proposed rule. Third, NMFS added text in consider an important aspect of the In § 679.2, NMFS modified the § 679.81(i)(3)(ix) to clarify that a vessel problem’’ that the Council has identified definition of ‘‘Rockfish Program fishery’’ may only be assigned to fish for one and resolved. to specifically describe the fisheries that rockfish cooperative in a calendar year. Response: NMFS has not ignored the are managed under the Program, In § 679.28(b)(2)(v) and (d)(8)(ii), recommendations of the Council with specifically, rockfish cooperatives, NMFS added provisions to allow respect to the opt–out portion of the rockfish limited access fisheries, opt– observer sampling station and scale Program nor has it acted in an arbitrary out fishery, and the entry level fisheries. inspections in Kodiak, Alaska, in and capricious manner. Section 9.2 of The terms ‘‘Rockfish fishery’’ and addition to Dutch Harbor, Alaska, and the Council motion recommending this ‘‘Rockfish Program Fishery’’ are used in in the Puget Sound area of Washington action clearly states that a vessel that several places in the regulatory text, and State. NMFS made this change to chooses to participate in the opt–out NMFS has replaced the term ‘‘Rockfish accommodate the catcher/processor fishery is subject to sideboard limits Fishery’’ throughout the regulatory text fleet that will be active in the waters of

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the Central GOA near Kodiak. This participants additional time to prepare In § 679.84(c)(9) and (c)(9)(v), NMFS change is also consistent with the their applications after the effective date added text to clarify that catcher/ locations where bin monitoring of this rule. processor vessels assigned to the opt– inspections can occur for catcher/ In § 679.80(e)(4) and § 679.81(e)(3), out fishery must arrange for inspection processor vessels assigned to the opt– NMFS added a requirement that the of their bin monitoring option. Each out fishery. applicant provide Tax Identification option must be inspected and approved In § 679.80(f)(6), NMFS revised the Numbers (TINs), either Social Security by NMFS annually and prior to its use regulatory text concerning the use of Numbers for individuals or Employer for the first time. NMFS had intended to VMS to incorporate changes made to the Identification Numbers for corporations, approve bin monitoring options during VMS regulations that were made to this on fishery permit applications. NOAA the annual observer sampling station section after the proposed rule for the has the authority to require applicants inspection. Because NMFS removed the Program on June 6, 2006 (71 FR 33040). for federal fishery permits to provide requirement for an observer sampling On June 22, 2006 (71 FR 36694), NMFS TINs pursuant to the Debt Collection station on these vessels, NMFS must published a final rule to modify VMS Act. In addition NMFS will collect certify bin monitoring options through requirements to incorporate necessary information on the date of birth of an an alternative approval process. These changes. NMFS is incorporating those individual or the date of incorporation changes do not increase the changes in this rule. of a corporation. These changes affect requirements that applies to these In addition, NMFS is correcting a the application to participate in the vessels, but merely clarifies the typographic error in the regulations that Program, and the annual applications approval process. were published in the EFH final rule (71 for CQ, the rockfish limited access In Table 29 to part 679, NMFS FR 36694, June 28, 2006). The EFH final fishery, and the opt–out fishery. rule incorrectly revised § 679.28(f)(6)(i) In § 679.82(f)(2)(iii), (g)(2)(iii), and changed the date that is used to to limit the VMS operation to when the (h)(2)(iii) NMFS clarified regulatory establish the amount of the initial vessel is ‘‘in’’ a fishery requiring VMS. language stating that catcher/processor Rockfish QS pool assigned to the That error unintentionally changed the vessels that are designated for a rockfish catcher/processor and catcher vessel provisions for VMS operation from the cooperative, rockfish limited access from December 31, 2006, to January 31, original intent. The VMS requirement fishery, or opt–out fishery in the annual 2007. This change accommodates the for the pollock, Pacific cod, and Atka application to participate in those change in the date of the application to mackerel fisheries required the use of rockfish fisheries are subject to the participate in the Program and provides VMS whenever the endorsed fishery is sideboard limits that apply to those NMFS with time to review any claims open, regardless of whether the vessel is fisheries. The regulatory text was for Rockfish QS prior to fixing the initial currently participating in the open unclear and has been corrected to better Rockfish QS pool used to calculate use fishery. This rule would remove the reflect Council intent and reduce caps. word ‘‘in’’ preceding ‘‘any fishery’’ to confusion for the reader. NMFS also made several editorial ensure this provision is interpreted In § 679.84(c)(5), NMFS added a corrections to the regulatory text for consistent with its original intent. sentence which clarifies that fish improved readability and accuracy. In § 679.80(e)(3), NMFS changed the accidentally spilled from the codend These changes clarify or correct errors deadline for submitting the application must be moved to the fish bin. This in the phrasing of particular provisions. to participate in the Program from clarification ensures that an observer is Changes from the proposed to final rule December 1, 2006, until January 2, 2007. provided an opportunity to sample all that may have a substantive effect are This change will provide potential catch that is aboard a vessel. indicated in the following table:

Correction Section modified

Changed the term ‘‘poundage’’ to ‘‘tonnage’’ throughout the regulatory text referring to TAC Throughout the regulatory text issuance of halibut PSC use because NMFS issues TAC and halibut PSC in metric tons, not pounds.

Replaced the term referring to the fisheries opened by the State of Alaska ‘‘for which it adopts a Throughout the regulatory text Federal fishing season’’ with the term ‘‘for which it adopts the applicable Federal fishing season for that species’’ to provide clarity when referring to multiple groundfish fisheries opened in State wa- ters.

Replaced the term ‘‘until’’ with ‘‘through’’ when referring to actions that are effective up to and in- Throughout the regulatory text cluding a specific date and time.

Replaced the term ‘‘authorized representative’’ with ‘‘designated representative’’ when referring to Throughout the regulatory text the individual acting on behalf of a rockfish cooperative to avoid confusion with individuals who may be authorized representatives of the corporation.

Modified the definition of an rockfish entry level harvesters to be consistent with § 679.80(b)(2) § 679.2, Under the definition of Rock- fish entry level harvester

Modified the definition of an eligible rockfish entry level processor to be consistent with § 679.2, Under the definition of Rock- § 679.80(c)(3) fish entry level processor

Added the term ‘‘trawl and non trawl fisheries’’ to the definition of ‘‘Rockfish entry level fishery’’ to § 679.2, Under the definition of Rock- clarify that there are two gear types that may be used in the entry level rockfish fishery. fish entry level fishery

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Correction Section modified

Added the terms ‘‘BSAI’’ and ‘‘catcher vessel’’ to clarify that Pacific cod sideboard limits apply only § 679.2, Under the definition of to catcher vessels in the BSAI. Sideboard limit for purposes of the Rockfish Program

Deleted the term ‘‘eligible’’ in the definitions of a ‘‘rockfish entry level harvester,’’ and ‘‘Rockfish entry § 679.2, Under the definition of Rock- level processor.’’ The term ‘‘eligible’’ is redundant. fish entry level harvester and Rockfish entry level processor and throughout the regulatory text

Changed the term ‘‘entry level fixed gear’’ to ‘‘entry level longline gear.’’ The term longline is defined § 679.2, Under the definition of Rock- in § 679.2, but the term fixed gear is not. Longline gear includes hook and line gear, jig gear, and fish entry level harvester and through- troll gear. These gear types are commonly referred to as fixed gear. out the regulatory text

Corrected the citation of provisions related to FFP issuance in § 679.4(b)(10) to § 679.4(b)(6)(iii). § 679.4(b)(10)

Reordered the table in § 679.4(a)(1)(xii) so that the citations are referenced in the order in which § 679.4(a)(1)(xii) they occur in the regulations.

Replaced the word ‘‘revoked’’ with ‘‘voided.’’ The term revoked has a specific meaning that refers to § 679.4(n)(1)(ii)(D) an enforcement action and is not applicable in this provision.

Added mailing as an option for submitting a termination of fishing declaration § 679.4(n)(2)(iii)(C)

Corrected the citation in this section from (f) to (g). § 679.4(n)(3)(ii)(A)

Replaced the term ‘‘permitted’’ with the term ‘‘authorized’’ in the regulatory text when referring to ac- Primarily in § 679.5 and in other sec- tions that NMFS authorizes (e.g., entry level rockfish fishery) but for which NMFS does not issue a tions throughout the regulatory text specific permit.

Added the requirement to include a NMFS person ID in the Rockfish cooperative termination of fish- § 679.5(n)(2)(iii)(C) ing declaration.

Clarified that a rockfish cooperative termination of fishing declaration is effective from the date of ap- § 679.5(n)(2)(v) proval to the end of the calendar year.

Corrected the citation to apply to § 679.81(g) § 679.5(n)(3)(ii)(A)

Clarified that the prohibition on retaining primary rockfish species when fishing under a CQ permit § 679.7(n)(1)(i) applies only to primary rockfish species harvested in the Central GOA

Inserted a prohibition which clarifies that it is prohibited to harvest primary rockfish species, sec- § 679.7(n)(1)(viii) ondary species, or use halibut PSC assigned to a rockfish cooperative without a valid CQ permit.

Corrected the citation to apply to § 679.82(d) through (h). § 679.7(n)(2)(iii)

Changed the use of the work ‘‘that’’ to ‘‘any’’ to clarify that the prohibition applies to exceeding the § 679.7(n)(7)(i) and (ii) CQ limit for all primary rockfish species

Clarified language to indicate that halibut PSC may be reapportioned to the trawl fishery after the ef- § 679.21(d)(5)(iii)(B)(2) and throughout fective date of a rockfish cooperative termination of fishing declaration. NMFS has replaced ref- the regulatory text erences to the approval of the rockfish cooperative termination of fishing declaration to refer to the effective date of the declaration for additional clarity in other sections. The declaration is effective upon approval.

Clarified that observer coverage is effective through the earlier of November 15 or the effective date § 679.50(c)(7)(i)(A) and time of an approved rockfish cooperative termination of fishing declaration.

Clarified that observer coverage is effective through the earlier of November 15 or the date and time § 679.50(c)(7)(i)(B) NMFS closes all directed fishing for all primary rockfish species.

Clarified that the allocation of Rockfish QS as ‘‘the’’ percentage of legal rockfish landings by an eligi- § 679.80(f)(3)(ii) ble rockfish harvester ‘‘in that sector’’ for which they are applying.

Corrected text describing the allocation of secondary species CQ to a rockfish cooperative in the § 679.81(b)(5)(i) catcher/processor sector to match the text used in the algorithm.

Removed the reference to Central GOA and replace it with ‘‘GOA’’ to ensure that all halibut PSC § 679.81(c)(2)(ii) used in the GOA is the denominator for determining the maximum amount of halibut PSC that may be allocated to the catcher/processor sector

Corrected text describing the allocation of halibut PSC CQ to a rockfish cooperative in the catcher/ § 679.81(c)(4)(i) processor sector to match the text used in the algorithm.

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Correction Section modified

Corrected the date from ‘‘on June 6, 2006’’ to ‘‘prior to June 6, 2005’’ consistent with Council intent § 679.82(a)(3) and with the date of final Council action on Amendment 68 as established in other portions of the regulations.

Rephrased the wording to remove redundant text establishing the criteria for establishing the use § 679.82(a)(4) cap applicable to vessels in the catcher/processor sector

Clarified that a use cap exemption applies only if that rockfish QS is assigned to LLP license(s) held § 679.82(a)(6)(i) by that eligible rockfish harvester at the time of application to participate in the Rockfish Program and prior to June 6, 2005.

Clarified the regulatory language applying a use cap to an eligible rockfish harvester who received § 679.82(a)(6)(ii)(B) an initial allocation of rockfish QS in excess of the use cap if that person transfers rockfish QS to another person, but the amount of rockfish QS remaining after the transfer is above the use cap.

Deleted the reference which indicated that halibut PSC used in the rockfish limited access fishery § 679.82(b)(5) would be deducted from the seasonal apportionment ‘‘for that sector.’’ Seasonal apportionments of halibut are not made by sector

Changed the term ‘‘halibut mortality sideboard limit’’ to ‘‘halibut PSC sideboard limit’’ to ensure con- § 679.82(d)(5)(ii) sistency with regulations.

Clarified that a catcher/processor sideboard limit is calculated based on the catch history of the LLP § 679.82(d)(6)(iii) and licenses assigned to that rockfish cooperative. This replaces the term ‘‘vessel’’ that is vague and § 679.82(d)(8)(iii)(A) and (B) could have applied to vessels that are hired to fish for the cooperative but are not otherwise eligible for the Program.

Edited text to clarify the amount of the sideboard limit that will apply to catcher/processor partici- § 679.82(d)(8)(iii)(C) pants that are not in a rockfish cooperative as an aggregate of the sideboard limit remaining after al- location to catcher/processor cooperatives.

Edited text to clarify the how NMFS will close specific flatfish fisheries to directed fishing when a § 679.82(d)(9)(i) and (d)(9)(ii)(B) halibut PSC sideboard limit is reached.

Rephrased the description of halibut PSC sideboard management for improved clarity. § 679.82(d)(9)(iii)

Clarified that any catcher/processor LLP license that has been used to qualify for purposes of a § 679.82(f)(1) and (2) rockfish cooperative allocation or a vessel that has been assigned to a rockfish cooperative remains subject to sideboard limits applicable to that rockfish cooperative for that calendar year.

Clarified that vessels fishing in a rockfish limited access or under a CQ permit are not subject to § 679.82(f)(4) and (g)(3)(i) prohibitions on directed groundfish fishing for species harvested during a rockfish limited access fishery or under a CQ permit during July.

Corrected citation to§ 679.82(d) through (g) § 679.84(c)

Added text to clarify that the observer must be present at the pre–cruise meeting. Otherwise, a ves- § 679.84(c)(7) sel owner or operator could schedule a pre–cruise meeting prior to the observer even showing up at the boat. While it is helpful to have NMFS staff meet with vessel personnel, the goal of the pre- cruise meeting is to establish a working relationship between the vessel personnel and the observer.

Corrected this provision to require that the owner or operator of a catcher vessel ensures the vessel § 679.84(e) operator complies with the observer coverage requirements. Previous wording had required the owner and operator to be responsible. Only one party is required. This change is consistent with the requirements for catcher/processor vessels.

Other editorial changes were made consistent after taking into account the prepared for this rule. Copies of the throughout the rule that NMFS data, views, and comments received FRFA are available from NMFS (see determined had no substantive effect. during the comment period. ADDRESSES). Classification A draft EA/RIR/IRFA was prepared The RIR presents an analysis of the for Amendment 68 and the proposed extensive and elaborate series of This final rule has been determined rule. A final EA/RIR was prepared for alternatives, options, and suboptions the not to be significant for the purposes of this rule. The EA analyzes the impacts Council developed as it designed and Executive Order 12866. of the proposed action and its evaluated the potential for NMFS has determined that alternatives on the human environment. rationalization of the Central GOA Amendment 68 and the provisions in The RIR assesses all costs and benefits rockfish fisheries. The RIR considers all this rule that implement Amendment 68 of available regulatory alternatives. quantitative and qualitative measures. are consistent with the national Copies of the final EA/RIR for this The Program was chosen based on those standards of the Magnuson-Stevens Act action are available from NMFS (see measures that maximize net benefits to and other applicable laws. NMFS made ADDRESSES). A final regulatory affected participants in the Central GOA the determination that this rule is flexibility analysis (FRFA) has been rockfish fisheries.

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The EA presents an analysis of the the economic impacts of applying the The final rule has not been modified three alternative programs for monitoring and enforcement to address this comment, however, management of the Central GOA requirements to the catcher/processor NMFS refers the commenter to the rockfish fisheries for catcher vessels: vessels in the opt–out fleet. The RFA response to comment 90, which Status Quo/No Action (Alternative 1); requires the agency to determine the addresses modifications made to the rockfish cooperative management with a impacts of a proposed rule on small monitoring and enforcement provisions limited license program for processors entities. It then requires the agency to applicable to catcher/processor vessels (Alternative 2); and rockfish cooperative identify and develop alternatives to under this rule. management with linkages between ameliorate the economic and Need for and objectives of this action. rockfish cooperatives and processors compliance impacts on small entities if The FRFA describes in detail the (Alternative 3). Three alternatives for the proposed rule has a significant reasons why this action is being catcher/processors also were impact on a substantial number of small implemented, describes the objectives considered: Status Quo/No Action entities. and legal basis for the final rule, and (Alternative 1); rockfish cooperative Response: As discussed in the IRFA, discusses both small and non-small management (Alternative 2); and a the RFA requirements do not apply to regulated entities to adequately sector allocation (Alternative 3). catcher/processor vessels participating characterize the fishery participants. Alternative 3 for catcher vessels and under this Program. As noted in Section Section 802 of the Consolidated Alternative 2 for catcher/processors 5.4 of the IRFA, no processors or catcher Appropriations Act of 2004 and the were combined to form the Council’s processors eligible for the Program and Magnuson-Stevens Act provide the legal preferred alternative(the rockfish regulated by this action are small basis for the rule, namely to achieve the cooperative alternative. entities, as defined by the RFA. objective of reducing excessive fishing Final Regulatory Flexibility Analysis Nevertheless, throughout the final capacity and ending the race for fish EA/RIR and the draft EA/RIR/IRFA, under the current management strategy NMFS prepared a Final Regulatory NMFS provides information on the for commercial fishing vessels operating Flexibility Analysis (FRFA). The FRFA anticipated costs to directly regulated in the Central GOA rockfish fisheries. incorporates the IRFA, response to entities of meeting monitoring and By ending the race for fish, NMFS public comments received on the IRFA, enforcement standards that are expects this action to increase resource and a summary of the analyses applicable under this Program. Section conservation, improve economic completed to support the action. A copy 5.5 of the IRFA notes that ‘‘catcher/ efficiency, and address social concerns. of this analysis is available from NMFS processors are also likely to be required (see ADDRESSES). The FRFA did not Number of small entities to which the to add flow scales and observer stations proposed rule will apply. The FRFA reveal any Federal rules that duplicate, on their vessels. These observer overlap, or conflict with the action. The contains a description and estimate of requirements and their costs are fully the number of small entities affected by following summarizes the FRFA. described in Sections 2.5.1 and 2.5.9.’’ The FRFA evaluates the impacts of the rule. The FRFA estimates that as Section 2.5.1 of the EA/RIR notes that many as 63 entities, that own the Program for groundfish fisheries in ‘‘monitoring will need to be modified so the GOA on small entities. The FRFA approximately 48 catcher vessels and 15 that these allocations are monitored at catcher/processor vessels, are eligible to addresses the statutory requirements of the individual or cooperative level. In the Regulatory Flexibility Act (RFA) of receive Rockfish QS under the Program. addition, observer requirements will 1980, as amended by the Small Business The FRFA estimates that approximately also need to be modified to suit the new Regulatory Enforcement Fairness Act 171 trawl vessels and 900 non-trawl system of allocations.’’ Section 3.4.1 of (SBREFA) of 1996 (5 U.S.C. 601–612). It vessels could participate in the entry the EA/RIR includes a review of the specifically addresses the requirements level fishery. The number of vessels that potential costs and updated information at section 604(a). will choose to participate in the entry Issues raised by public comments on on the specific monitoring and level fishery component of the Program the IRFA. The proposed rule for the enforcement requirements applicable to is not known; therefore, there is no Program was published in the Federal catcher/processor vessels in the opt–out estimate of the number of entities in the Register on June 7, 2006 (71 FR 33040). fishery. entry level fishery that are directly Section 2.5.1 of the final EA/RIR also An IRFA was prepared for the proposed regulated under this Program. notes in the discussion of the preferred rule, and described in the classification In addition, six entities that process alternative selected by the Council (i.e., section of the preamble to the rule. The rockfish are estimated to be eligible ‘‘Catcher/processor allocation with public comment period ended on July rockfish processors and are regulated cooperatives’’) that: under this Program. None of these 24, 2006. NMFS received nine letters of In addition to managing aspects of the public comment on the proposed rule. rockfish target fishery, NOAA Fisheries eligible rockfish processors are NMFS summarized these letters into would need to approve and monitor and estimated to be small entities based on 120 separate comments. Of these, one manage sideboards. Any participant who the number of persons employed by comment was directly on the IRFA and intends to, or does, participate in any of the these processors. Additionally, some of is presented below. No changes were fisheries governed by the sideboards during these eligible rockfish processors are made to the final rule from the proposed the July sideboard period must have adequate estimated to be involved in both the rule in response to the comment on the observer coverage onboard the vessel so that harvesting and processing of seafood all catch taken under sideboards will be IRFA. Several comments directly or assessed against the overall sector harvest products and exceed the $4.0 million in indirectly dealt with economic impacts limit. Observer coverage would be the same revenues as a fish harvesting operation. to small entities resulting from the as that required during a cooperative fishery Some processors that are not eligible management measures presented in the to adequately manage rockfish harvests. rockfish processors may choose to proposed rule. These comments and This statement strongly states that, compete for landings from the entry responses are under Response to under the Program, NMFS would level fishery and are regulated by this Comments in this preamble. thoroughly monitor and manage the Program. Some of these processors may Comment: The EA/RIR/IRFA prepared sideboard limits applicable to this be small entities. The extent of for the Program contains no analysis of sector. participation by small entities in the

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processing segment of the entry level Program. All of the eligible rockfish It will cost participants in the fishery cannot be predicted. processors are located in Kodiak. The Program an estimated $56 to complete Of the estimated 63 entities owning specific impacts on Kodiak cannot be applications to participate in the vessels eligible for fishing under the determined until NMFS issues Rockfish Program, $55 for the application for CQ, Program (other than the entry level QS and eligible rockfish harvesters application for the rockfish limited fishery), 45 are estimated to be small begin fishing under the Program. Other access fishery, or application to opt–out, entities because they generated $4.0 supporting businesses may also be and $61 to complete an inter- million or less in gross revenue based indirectly affected by this action if it cooperative transfer of CQ. on participation in 1996 through 2002. leads to fewer vessels participating in It will cost participants in the All 15 of the entities owning eligible the fishery. These impacts are analyzed Program an estimated $106 for annual catcher/processor vessels are non-small in the EA/RIR prepared for this action rockfish cooperative report; $15 for entities as defined by the RFA. No (see ADDRESSES). rockfish cooperative catch report; $15 catcher vessel individually exceeds the Recordkeeping and reporting for a rockfish cooperative termination of small entity threshold of $4.0 million in requirements. Implementation of the fishing declaration; and $15 for each gross revenues. At least three catcher Program changes the overall reporting check-in/check-out for vessels vessels are believed to be owned by structure and recordkeeping authorized to fish under a CQ permit. entities whose operations exceed the requirements of the participants in the Description of significant alternatives small entity threshold, leaving as many Central GOA rockfish fisheries. All and description of steps taken to as 45 small catcher vessel entities that participants are required to provide minimize the significant economic are directly regulated by this action. The additional reports. Each harvester is impacts on small entities. ability to estimate the number of small required to track harvests to avoid The FRFA presents an analysis of the entities that operate catcher vessels exceeding his or her allocation. As in three alternative programs for regulated by this action is limited due other North Pacific rationalized management of the Central GOA to incomplete information concerning fisheries, processors will provide catch rockfish fisheries for catcher vessels: vessel ownership. recording data to managers to monitor It is likely that a substantial portion Status Quo/No Action (Alternative 1); harvest of allocations. Processors will be rockfish cooperative management with a of the catcher vessel participants in the required to record deliveries and entry level fishery will be small entities. limited license program for processors processing activities to aid in the Approximately 171 LLP licenses are (Alternative 2); and rockfish cooperative Program administration. qualified to fish in the Central GOA management with linkages between NMFS developed new databases to entry level trawl fishery and 900 LLP rockfish cooperatives and processors monitor harvesting and processing licenses are qualified to fish in the entry (Alternative 3). Three alternatives for level longline gear fishery. However, it allocations. These changes require the catcher/processors also were is not possible to determine how many existing reporting systems. considered: Status Quo/No Action persons may hold these LLP licenses To participate in the Program, persons (Alternative 1); rockfish cooperative and chose to participate in the entry are required to complete application management (Alternative 2); and a level fishery prior to the time of forms, transfer forms, reporting sector allocation (Alternative 3). application to participate in the fishery. requirements, and other collections-of- Alternative 3 for catcher vessels and The number of persons holding LLP information. These forms are either Alternative 2 for catcher/processors licenses is likely to be less than the total required under existing regulations or were combined to form the Council’s number of LLP licenses because a are required for the administration of preferred alternative(the rockfish person may hold more than one LLP the Program. These forms impose costs cooperative alternative. These license at a time. on small entities in gathering the alternatives constitute the suite of Six entities made at least one rockfish required information and completing ‘‘significant alternatives’’ for the landing from 1996 to 2002 and do not the forms. With the exception of specific purposes of the RFA. The following is appear to qualify as an eligible rockfish equipment tests, which are performed a summary of the FRFA, focusing on the harvesters. Five of these entities are not by NMFS employees or other aspects that pertain to small entities. small entities and one entity qualifies as professionals, basic word processing Under the status quo, the Central ‘‘small’’ by Small Business skills are the only skills needed for the GOA rockfish fisheries have followed Administration (SBA) standards. The preparation of these reports or records. the well known pattern associated with non-small entities owned five catcher/ NMFS has estimated the costs of managed open access. Central GOA processors. The one small entity owns a complying with the reporting rockfish fisheries have been catcher vessel. Entities that do not requirements based on the burden hours characterized by a ‘‘race-for-fish’’ capital qualify for the Program either left the per response, number of responses per stuffing behavior, excessive risk taking, fishery, currently fish under interim year, and a standard estimate of $25 per and a dissipation of potential rents. LLP licenses, or do not hold a qualified burden hour. Persons are required to Participants in these fisheries are LLP license. Moreover, the vessels the complete most of the forms at the start confronted by significant surplus FRFA considers ‘‘non-qualified’’ cannot of the Program, such as the application capacity (in both the harvesting and continue fishing for these species under to participate in the Program. Persons processing sectors), and widespread the current LLP. The impacts to the are required to complete some forms economic instability, all contributing to small entities that are prohibited from every year, such as the application to resource conservation and management fishing by the LLP were analyzed in the fish in a rockfish cooperative, limited difficulties. RIR/IRFA and FRFA prepared for the access fishery, opt–out fishery, or entry In response to desires to improve LLP. Therefore, the non-qualified level fishery. Additionally, reporting for economic, social, and structural vessels are not considered impacted by purposes of catch accounting, such as conditions in many of the rockfish the proposed rule and are not discussed checking-in or checking-out vessels to fisheries, the Council found that the in this FRFA. fish under a CQ permit, or transfer of status quo management structure was The community of Kodiak, Alaska, CQ among rockfish cooperatives, is causing significant adverse impacts to could be directly impacted by the completed more frequently. the participants in these fisheries. Many

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small entities, as defined under RFA, enough to outcompete the other estimated to cost on a one-time basis, are negatively impacted under current fishermen and, hence, contributes to the approximately $69,000 per vessel. open access regulations. The overcapacity problems under the race Currently, a flow scale costs $60,000, an management tools in the existing FMP for fish. observer platform scale $8,500, and test (e.g., time/area restriction and LLP In addition, the Program provides weights $500. Additional one-time costs licenses) do not provide managers with efficiency gains to both small entity associated with the installation of the the ability to effectively solve these harvesters and the processors. Data on scales are estimated to be between problems, thereby making Magnuson- cost and operating structure within each $10,000 and $40,000, depending on the Stevens Act goals difficult to achieve sector are unavailable, so a quantitative extent to which the vessel must be and forcing reevaluation of the existing evaluation of the size and distribution of reconfigured to install the scale. Scale FMP. these gains accruing to harvesters and monitoring requirements are estimated In an effort to alleviate the problems processors under this management to cost approximately $6,235 per year. caused by excess capacity and the race regime cannot be provided. Based on discussions with equipment for fish, the Council determined that the Nonetheless, it appears that the rockfish vendors, NMFS estimates that six institution of some form of cooperative alternative offers catcher/processors will choose to fish rationalization program was needed to improvements over the status quo under the Program and will be required improve fisheries management in through the institution of a ‘‘rights- to have scales. Based on public accordance with the Magnuson-Stevens based management’’ structure. The comments received on the proposed Act. After an exhaustive public process rockfish cooperative alternative also rule, NMFS modified this rule so that spanning several years, the Council includes provisions for fishery catcher/processor vessels that concluded that the Program best participants the Council expressly participate in the opt–out fishery are not accomplishes the stated objectives sought to include—specifically, rockfish required to purchase and install scales. articulated in the problem statement processors and the community in which This modification significantly reduces and applicable statutes, and minimizes those processors have historically been costs for vessels that are subject to to the extent practicable adverse active. sideboard limits, but are not harvesting economic impacts on the universe of However, NMFS considered multiple rockfish in the Central GOA. directly regulated small entities. The alternatives to effectively implement NMFS will increase observer coverage preferred rockfish cooperative specific provisions within the Program for Program participants in most cases. alternative appears to minimize negative through regulation. In each instance, economic impacts on small entities to a NMFS attempted to impose the least In similar NMFS-managed quota greater extent than an alternative that burden on the public, including the fisheries, NMFS requires that all fishing allocates limited processing licenses small entities subject to the Program. activity be observed. NMFS must (Alternative 2 for catcher vessels), or The groundfish landing report maintain timely and accurate records of that defines a smaller portion of the (internet version and optional fax harvests in fisheries with small TAC for competition among a fixed version) will be used to debit CQ. All allocations that are harvested by a fleet number of vessels (Alternative 3 for retained catch must be weighed, with a potentially high harvest rate. catcher/processors). reported, and debited from the Additionally, halibut PSC and halibut The Program allocates annual appropriate account under which the mortality rates must be monitored. Such harvesting privileges of rockfish and catch was harvested. Under monitoring can only be accomplished secondary species TAC to harvester recordkeeping and reporting, NMFS through the use of onboard observers. rockfish cooperatives, creating a considered the options of a paper-based Although this imposes additional costs, transferable access privilege as a share reporting system or an electronic participants in the fishery can form of the TAC, thus removing the reporting system. NMFS chose to rockfish cooperatives, which will limit ‘‘common property’’ attributes of the implement an electronic reporting the number of vessels required to status quo on qualifying harvesters. The system as a more convenient, accurate, harvest a cooperative’s CQ, and organize rationalization of the Central GOA and timely method. Additionally, the fishing operations to limit the amount of fisheries will likely benefit the electronic reporting system will provide time when additional observer coverage approximately 45 businesses that own continuous access to accounts. These is required to offset additional costs. harvest vessels and are considered small provisions will make recordkeeping and The exact overall additional observer entities. In recent years these entities reporting requirements less burdensome costs per vessel cannot be predicted have competed in the race for fish on participants by allowing participants because costs will vary with the specific against larger businesses. The rockfish to more efficiently monitor their fishing operations of that vessel. NMFS cooperative alternative allows these accounts and fishing activities. NMFS estimates that a requirement for operators to slow their rate of fishing believes that the added benefits of the increased observer coverage will cost and give more attention to efficiency electronic reporting system outweigh approximately $400 per day. Additional and product quality. any benefits of the paper-based system. costs may be associated with catcher/ The participants are permitted to form However, NMFS will also provide an processors that reconfigure their vessels rockfish cooperatives that can lease or optional backup using existing to ensure that adequate space is sell their allocations, and can obtain telecommunication and paper-based available for the additional observer. some return from their allocations. methods, which will reduce the burden These costs cannot be predicted and Differences in efficiency implications of on small entities in more remote areas will vary from vessel to vessel rationalization by business size cannot possessing less electronic infrastructure. depending on specific conditions on be predicted. Some participants believe Under this rule, catcher/processors that vessel. Based on public comments that smaller vessels can be more will be required to purchase and install received on the proposed rule, NMFS efficient than larger vessels in a motion-compensated scales to weigh all modified this rule to reduce observer rationalized fishery because a vessel fish at-sea if participating as a vessel costs applicable to catcher/processor only needs to be large enough to harvest that is harvesting fish under a CQ vessels in the opt–out fishery from a 200 the cooperative’s CQ. Conversely, under permit, in the limited access fishery, or percent observer coverage level (i.e., two open access, a vessel has to be large in the GOA during July. Such scales are observers onboard the vessel) to 100

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percent observer coverage level (i.e., one station. NMFS estimates that a fairly time to gather records and coordinate observer onboard the vessel). This simple installation will cost with other participants in the fishery. change will substantially reduce the approximately $2,000, and a complex NMFS has also improved the flexibility costs that this portion of the fishery will installation will cost approximately of rockfish cooperatives to designate incur, but a precise cost estimate is not $10,000, per vessel. However, these specific vessels to fish under the CQ available at this time. costs can be considerably lower if the permit through a vessel check-in and For monitoring of processing activity, vessel owner chooses to install the check-out procedure. This change it will cost shore-based processors equipment while upgrading other provides greater flexibility than the approximately $416 to complete the wiring. Thus, total system costs, more lengthy proposed requirement to catch monitoring plan and an additional including DVR/computer equipment, modify the CQ permit. The specific $2,800 annually to complete all landing cameras, data storage, and installation is details of this vessel check-in/check-out reports. expected to range between $4,050 per procedure are detailed in the response NMFS determined that a VMS vessel for a very simple inexpensive to comment section of the preamble. program is essential to the proper system with low installation costs, and enforcement of the Program. Therefore, $24,500 per vessel for a complex, Collection-of-information all vessels, except for non-trawl entry sophisticated system with high This rule contains collection–of– level vessels, participating in the installation costs. Based on public information requirements subject to the Program are required to participate in a comments received on the proposed Paperwork Reduction Act (PRA) and VMS program. Depending on which rule, NMFS has modified the rule to that have been approved by the OMB brand of VMS a vessel chooses to remove the requirement for an observer under the control numbers listed below. purchase, NMFS estimates that this sampling station for catcher/processor Public reporting burdens per response requirement will impose a cost of vessels participating in the opt–out for these requirements are listed by $2,000 per vessel for equipment fishery. This change will reduce costs of OMB control number. purchase, $780 for installation and total system costs for the catch handling maintenance, and $5 per day for data provisions, but the amount of the OMB Control No. 0648–0545 transmission costs. NMFS does not reduced costs cannot be predicted and Four (4) hours for annual rockfish estimate that all vessels participating in will vary depending on the specific cooperative report; 6 minutes for the Program would incur all of these configuration of the vessel. rockfish cooperative catch report; 4 costs because trawl vessels that may Annual system maintenance costs are hours for a letter of appeal, if denied a participate in the Program are already difficult to estimate because much of permit; and 15 minutes for a rockfish subject to VMS requirements under this technology has not been extensively cooperative termination of fishing existing regulations and installed and used at-sea in the United States. declaration, 2 hours for the application operate VMS units to meet those However, we estimate an annual cost of to participate in the Program; 2 hours requirements. $680 to $4,100 per year based on a hard for the application for CQ; 2 hours for NMFS has determined that special disk failure rate of 20 percent per year, the application for the limited access catch handling requirements for and a DVR/computer lifespan of three fishery; 2 hours for the application to catcher/processors may subject vessel years. opt-out; 2 hours for the application for owners and operators to additional costs Additionally, NMFS made a number inter-cooperative transfer; and 15 depending on the monitoring option of changes as a result of public minutes for cooperative check-in/check- chosen. The costs for providing line of comments to the Program’s compliance out for vessels authorized to fish CQ. sight for observer monitoring are highly requirements to mitigate impacts on variable depending on bin modifications small entities. Changes in the OMB Control No. 0648–0515 the vessel may make, the location of the monitoring and enforcement Fifteen (15) minutes for application observer sample station, and the type of requirements applicable to catcher/ for eLandings user ID; 35 minutes to viewing port installed. These costs processor vessels participating in the electronically submit landing report and cannot be estimated with existing opt–out fishery are addressed in the print receipts from eLandings. information. previous paragraphs addressing motion Because NMFS has chosen to compensated scales, observer coverage, OMB Control No. 0648–0445 implement the video option using and special catch handling requirements Twelve (12) minutes for VMS check- performance standards, the costs for a for catcher/processor vessels. NMFS has in form; 6 hours for VMS installation; 4 vessel to implement this option can be also relieved the requirement for a hours for VMS annual maintenance; and quite variable, depending on the nature dedicated Program observer at entry 6 seconds for each VMS transmission. of the system chosen. In most cases, the level processing facilities, and the system is expected to consist of one requirement that those facilities OMB Control No. 0648–0401 digital video recorder (DVR)/computer maintain a CMCP. These changes reduce 35 minutes to electronically submit system and between two and five costs to these entities, but do not SPELR information (superceded by cameras. DVR systems range in price undermine the overall monitoring goals eLandings, 0515). from $1,500 to $10,000, and cameras of this Program given the small cost from $75 to $300 each. Data storage allocations available to the entry level OMB Control No. 0648–0330 costs will vary depending on the frame fishery. Forty (40) hours for catch monitoring rate, color density, amount of In response to the public comment requirements for catcher/processors; 40 compression, image size, and need for requesting additional time to prepare hours for a CMCP; 10 minutes for redundant storage capacity. NMFS and submit the annual applications for observer sampling station inspection estimates data storage will cost between CQ, the rockfish limited access fishery, request; 1 hour for video monitoring $400 and $3,000 per vessel. and opt–out fishery, NMFS changed the system. Installation costs will be a function of submittal date from December 1 of the where the DVR/computer can be located year prior to fishing to March 1 of the OMB Control No. 0648–0213 in relation to an available power source, year in which the person intends to fish. Fourteen (14) minutes for Vessel cameras, and the observer sampling This deadline change provides both the Activity Report; 20 minutes for product

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transfer report; 28 minutes for catcher 15 CFR CHAPTER IX —NATIONAL 50 CFR Chapter VI—Fishery Conservation vessel longline and pot gear daily OCEANIC AND ATMOSPHERIC and Management, National Oceanic and fishing logbook; and 41 minutes for ADMINISTRATION, DEPARTMENT OF Atmospheric Administration, Department of COMMERCE Commerce catcher/processor longline and pot gear daily cumulative production logbook. PART 679—FISHERIES OF THE Response times include the time for EXCLUSIVE ECONOMIC ZONE OFF reviewing instructions, searching PART 902—NOAA INFORMATION ALASKA existing data sources, gathering and COLLECTION REQUIREMENTS UNDER I 3. The authority citation for part 679 maintaining the data needed, and THE PAPERWORK REDUCTION ACT: is revised to read as follows: completing and reviewing the collection OMB CONTROL NUMBERS Authority: 16 U.S.C. 773 et seq., 1801 et of information. I 1. The authority citation for part 902 seq., 3631 et seq.; and Pub. L. 108–199, 118 Send comments regarding this burden continues to read as follows: Stat. 110. estimate, or any other aspect of this data Authority: 44 U.S.C. 3501 et seq. I 4. In § 679.2, add the definitions of collection, including suggestions for I 2. In § 902.1, the table in paragraph (b) ‘‘Cooperative quota (CQ)’’, ‘‘Eligible reducing the burden, to NMFS (see under the entry ‘‘50 CFR’’ is amended rockfish harvester’’, ‘‘Eligible rockfish ADDRESSES) and by e–mail to by: processor’’, ‘‘Halibut PSC sideboard [email protected], or fax to I a. Revising entries ‘‘679.4(g) and (k)’’; limit’’, ‘‘Initial rockfish QS pool’’, 202- 395–7285. and ‘‘Legal rockfish landing for purposes of Small Entity Compliance Guide I b. Adding new entries ‘‘679.4(n)’’, qualifying for the Rockfish Program’’, ‘‘679.5(r)’’, and ‘‘679.80’’ through ‘‘Non-allocated secondary species’’, Section 212 of the Small Business ‘‘679.84’’ in numerical order. ‘‘Official Rockfish Program record’’, Regulatory Enforcement Fairness Act of The additions and revisions read as ‘‘Opt–out fishery’’, ‘‘Primary rockfish 1996 states that, for each rule, or group follows: species’’, ‘‘Rockfish cooperative’’, of related rules for which an agency is ‘‘Rockfish entry level fishery’’, § 902.1 OMB control numbers assigned ‘‘Rockfish entry level harvester’’, required to prepare a FRFA, the agency pursuant to the Paperwork Reduction Act. shall publish one or more guides to ‘‘Rockfish entry level processor’’, * * * * * ‘‘Rockfish halibut PSC’’, ‘‘Rockfish assist small entities in complying with (b) * * * the rule and shall designate such limited access fishery’’, ‘‘Rockfish Program’’, ‘‘Rockfish Program fisheries’’, publications as ‘‘small entity CFR part or sec- ‘‘Rockfish Program species’’, ‘‘Rockfish compliance guides.’’ The agency shall tion where the Current OMB control number (all Quota Share (QS)’’, ‘‘Rockfish QS pool’’, explain the actions a small entity is information col- numbersbegin with ‘‘Rockfish QS unit’’, ‘‘Rockfish lection require- 0648–) required to take to comply with a rule ment is located sideboard fisheries’’, ‘‘Secondary or group of rules. As part of this species’’, ‘‘Sector for purposes of the rulemaking process, NMFS Alaska ****** Rockfish Program’’, ‘‘Sideboard limit for * Region has developed a Web site that purposes of the Rockfish Program’’, provides easy access to details of this 50 CFR ‘‘Sideboard ratio for purposes of the final rule, including links to the final Rockfish Program’’, and ‘‘Ten percent or rule, and frequently asked questions ****** greater direct or indirect ownership regarding Program. * interest for purposes of the Rockfish The relevant information available on Program’’ in alphabetical order to read 679.4(g) and -0334 and -0545 as follows: the Web site is the Small Entity (k) Compliance Guide. The Web site § 679.2. Definitions. address is http://www.fakr.noaa.gov. ****** Copies of this final rule are available * * * * * * Cooperative quota (CQ) means: upon request from the NMFS, Alaska 679.4(n) -0545 (1) The annual catch limit of a Regional Office (see ADDRESSES). primary rockfish species or secondary List of Subjects ****** species that may be harvested by a * rockfish cooperative that may lawfully 15 CFR Part 902 harvest an amount of the TAC for a 679.5(r) -0213, -0401, -0445, and primary rockfish species or secondary Reporting and recordkeeping -0545 species while participating in the requirements. ****** Rockfish Program; 50 CFR Part 679 * (2) The amount of annual halibut PSC that may be used by a rockfish Alaska, Fisheries, Reporting and 679.80 -0545 cooperative in the Central GOA while recordkeeping requirements. participating in the Rockfish Program 679.81 -0545 Dated: November 7, 2006. (see rockfish halibut PSC in this Samuel D. Rauch III 679.82 -0545 section). Deputy Assistant Administrator for * * * * * 679.83 -0545 Regulatory Programs, National Marine Eligible rockfish harvester means a Fisheries Service. person who is permitted by NMFS to 679.84 -0213, -0330, and -0545 hold rockfish QS. I For the reasons set out in the ****** Eligible rockfish processor means a preamble, 15 CFR chapter IX, and 50 * person who is authorized by NMFS to CFR chapter VI are amended as follows: receive and process primary rockfish

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species and secondary rockfish species rockfish harvesters holding an LLP harvested by a rockfish cooperative or in license endorsed for catcher/processor Rockfish Program species means the a rockfish limited access fishery. activity and who are not participating in following species in the Central GOA * * * * * a rockfish cooperative or the rockfish regulatory area that are managed under Halibut PSC sideboard limit means limited access fishery in the catcher/ the authority of the Rockfish Program: the maximum amount of halibut PSC processor sector. (1) Primary rockfish species means that may be used from July 1 through * * * * * northern rockfish, Pacific ocean perch, July 31 by eligible rockfish harvesters or Primary rockfish species (see Rockfish and pelagic shelf rockfish. rockfish cooperatives in the West Program species in this section). (2) Secondary species means the Yakutat District, Central GOA, and * * * * * following species: Western GOA as established under Rockfish cooperative means a group (i) Sablefish not allocated to the IFQ § 679.82(d), as applicable. of eligible rockfish harvesters who have Program; * * * * * chosen to form a rockfish cooperative (ii) Thornyhead rockfish; Initial rockfish QS pool means the under the requirements of § 679.81(i) in (iii) Pacific cod for the catcher vessel sum of rockfish QS units established for order to combine and harvest fish sector; a Rockfish Program fishery based on the collectively under a CQ permit issued (iv) Rougheye rockfish for the catcher/ official Rockfish Program record and by NMFS. processor sector; and used for the initial allocation of rockfish Rockfish entry level fishery means the (v) Shortraker rockfish for the catcher/ QS units and use cap calculations as trawl and longline gear fisheries processor sector. described in § 679.82(a). conducted under the Rockfish Program (3) Non-allocated secondary species * * * * * by rockfish entry level harvesters and means the following species: Legal rockfish landing for purposes of rockfish entry level processors. (i) Aggregate forage fish, Atka qualifying for the Rockfish Program Rockfish entry level harvester means a mackerel, arrowtooth flounder, deep means groundfish caught and retained person who is authorized by NMFS to water flatfish, flathead sole, other in compliance with state and Federal harvest fish in the rockfish entry level rockfish, ‘‘other species,’’ pollock, rex regulations in effect at that time unless fishery and who is not an eligible sole, shallow water flatfish, and skates; harvested and then processed as meal, rockfish harvester. (ii) Pacific cod for the catcher/ and Rockfish entry level processor means processor sector; and (1) For catcher vessels: (i) The harvest a person who is authorized by NMFS to (iii) Rougheye rockfish and shortraker of groundfish from the Central GOA receive and process fish harvested rockfish for the catcher vessel sector. regulatory area that is offloaded and under the rockfish entry level fishery Rockfish Quota Share (QS) means a recorded on a State of Alaska fish ticket and who is not an eligible rockfish permit the amount of which is based on during the directed fishing season for processor. legal rockfish landings for purposes of that primary rockfish species as qualifying for the Rockfish Program and established in Table 28 to this part; and Rockfish halibut PSC means the that are assigned to an LLP license. (ii) An amount of halibut PSC amount of halibut PSC that may be used Rockfish QS pool means the sum of attributed to that sector during the by a rockfish cooperative in the Central rockfish QS units established for the directed fishing season for the primary GOA as assigned on a CQ permit. Rockfish Program fishery based on the rockfish species as established in Table Rockfish limited access fishery means official Rockfish Program record. 28 to this part. the fishery for primary rockfish species Rockfish QS unit means a measure of (2) For catcher/processors: (i) The conducted by persons who are eligible QS based on legal rockfish landings. harvest of groundfish from the Central rockfish harvesters or eligible rockfish Rockfish sideboard fisheries means GOA regulatory area that is recorded on processors and who are not fisheries that are assigned a sideboard a Weekly Production Report based on participating in a rockfish cooperative limit that may be harvested by harvests during the directed fishing or opt–out fishery for that applicable participants in the Rockfish Program. season for that primary rockfish species sector. * * * * * as established in Table 28 to this part; Secondary species (see Rockfish and Rockfish Program means the program Program species in this section). (ii) An amount of halibut PSC authorized under the authority of Sector for purposes of the Rockfish attributed that sector during the directed Section 802 of the Consolidated Program means: fishing season for the primary rockfish Appropriations Act of 2004 (Public Law (1) Catcher/processor sector: those species as established in Table 28 to this 108–199) and implemented under eligible rockfish harvesters who hold an part. subpart G of this part to manage LLP license with a catcher/processor * * * * * Rockfish Program fisheries. designation and who are eligible to Non-allocated secondary species (see Rockfish Program fisheries means one receive rockfish QS that may result in Rockfish Program species in this of following fisheries under the CQ that may be harvested and processed section). Rockfish Program: at sea. (1) A rockfish cooperative in the * * * * * (2) Catcher vessel sector: those catcher/processor sector; eligible rockfish harvesters who hold an Official Rockfish Program record (2) A rockfish cooperative in the LLP license who are eligible to receive means information used by NMFS catcher vessel sector; necessary to determine eligibility to (3) The limited access fishery in the rockfish QS that may result in CQ that participate in the Rockfish Program and catcher/processor sector; may not be harvested and processed at assign specific harvest or processing (4) The limited access fishery in the sea. privileges to Rockfish Program catcher vessel sector; * * * * * participants. (5) The opt–out fishery; Sideboard limit for purposes of the * * * * * (6) The entry level trawl fishery; and Rockfish Program means: Opt–out fishery means the fishery (7) The entry level longline gear (1) The maximum amount of northern conducted by persons who are eligible fishery. rockfish, Pacific ocean perch, and

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pelagic shelf rockfish that may be (1) Person. A person is a person as (iv) The right to restrict, or does harvested by all vessels in the Rockfish defined in this section. restrict, the day-to-day business Program in all areas as specified under (2) Indirect interest. An indirect activities and management policies of § 679.82(d) through (h), as applicable; interest is one that passes through one the other person through loan (2) The maximum amount of BSAI or more intermediate persons. A covenants; Pacific cod that may be harvested by person’s percentage of indirect interest catcher vessels in all areas as specified in a second person is equal to the (v) The right to derive, or does derive, under § 679.82(d) through (h), as person’s percentage of direct interest in either directly, or through a minority applicable; or an intermediate person multiplied by shareholder or partner, and in favor of (3) The maximum amount of halibut the intermediate person’s direct or the other person, a significantly PSC that may be used by all vessels in indirect interest in the second person. disproportionate amount of the all areas as specified under § 679.82(d) (3) Controls a 10 percent or greater economic benefit from the processing of through (h), as applicable. interest. A person controls a 10 percent fish by that other person; Sideboard ratio for purposes of the or greater interest in a second person if (vi) The right to control, or does Rockfish Program means a portion of a the first person: control, the management of, or to be a sideboard limit for a groundfish fishery (i) Controls a 10 percent ownership controlling factor in, the other person; that is assigned to the catcher vessel share of the second person; or (vii) The right to cause, or does cause, (ii) Controls 10 percent or more of the sector or catcher/processor sector based the purchase or sale of fish processed by voting or controlling stock of the second on the catch history of vessels in that that person; person. (viii) Absorbs all of the costs and sector. (4) Otherwise controls. A person normal business risks associated with * * * * * otherwise controls another person, if it ownership and operation of the other Ten percent or greater direct or has: indirect ownership interest for purposes (i) The right to direct, or does direct, person; or of the Rockfish Program means a the business of the other person; (ix) Has the ability through any other relationship between two or more (ii) The right in the ordinary course of means whatsoever to control the other persons in which one directly or business to limit the actions of, or person. indirectly owns or controls a 10 percent replace, or does limit or replace, the * * * * * or greater interest in, or otherwise chief executive officer, a majority of the I 5. In § 679.4, paragraphs (a)(1)(xii), controls, another person; or a third board of directors, any general partner, (b)(6)(iii), (k)(11), and (n) are added to person which directly or indirectly or any person serving in a management read as follows: owns or controls, or otherwise controls capacity of the other person; a 10 percent or greater interest in both. (iii) The right to direct, or does direct, § 679.4 Permits. For the purpose of this definition, the the Rockfish Program fishery processing (a) * * * following terms are further defined: activities of that other person; (1) * * *

If program permit or card type is: Permit is in effect from issue date through end of: For more information, see. . .

* * * * * * * (xii) Rockfish Program (A) CQ Specified fishing year § 679.81(e)(4) (B) Rockfish Limited Access Fishery Specified fishing year § 679.81(e)(5) (C) Opt-out Fishery Specified fishing year § 679.81(e)(6) (D) Rockfish Entry Level Fishery Specified fishing year § 679.81(e)(7)

* * * * * (n) Rockfish Program—(1) that rockfish cooperative is associated, if (b) * * * Cooperative quota (CQ). (i) A CQ permit applicable. (6) * * * is issued annually to a rockfish (ii) A CQ permit is valid under the (iii) NMFS will reissue a Federal cooperative if the members of that following circumstances: fisheries permit to any person who rockfish cooperative have submitted a (A) Until the end of the year for which holds a Federal fisheries permit issued complete and timely application for CQ the CQ permit is issued; (B) Until the amount harvested is for a vessel if that vessel was used to as described at § 679.81(e)(4) that is equal to the amount specified on the CQ make any legal rockfish landings and is subsequently approved by the Regional subject to a sideboard limit as described permit for all primary rockfish species, Administrator. A CQ permit authorizes secondary species, and rockfish halibut under § 679.82(d) through (h). a rockfish cooperative to participate in * * * * * PSC; the Rockfish Program. The CQ permit (C) Until the permit is modified by (k) * * * will indicate the amount of primary transfers under § 679.81(f); (11) Rockfish QS—(i) General. In rockfish species and secondary species (D) Until the permit is voided through addition to other requirements of this that may be harvested by the rockfish an approved rockfish cooperative part, a license holder must have rockfish cooperative, and the amount of rockfish termination of fishing declaration; or QS on his or her groundfish LLP license halibut PSC that may be used by the (E) Until the permit is revoked, to conduct directed fishing for Rockfish rockfish cooperative. The CQ permit suspended, or modified pursuant to Program fisheries with trawl gear. § 679.43 or under 15 CFR part 904. (ii) Eligibility requirements for will list the members of the rockfish cooperative, the vessels that are (iii) A legible copy of the CQ permit rockfish QS. The eligibility must be carried on board the vessel(s) requirements to receive rockfish QS are authorized to fish under the CQ permit for that rockfish cooperative, and the used by the rockfish cooperative. established in § 679.80(b). (2) Rockfish cooperative termination * * * * * eligible rockfish processor with whom of fishing declaration. (i) A rockfish

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cooperative may choose to extinguish its I A. Removing and reserving paragraph (ii) If using SPELR, must maintain the CQ permit through a declaration (a)(4). SPELR and printed reports as described submitted to NMFS. I B. Redesignating paragraphs (e)(3) in paragraphs (e) and (f) of this section. (ii) This declaration may only be through (e)(7) as paragraphs (e)(4) * * * * * submitted to NMFS using the following through (e)(8), respectively. (r) Rockfish Program—(1) General. methods: I C. Adding paragraphs (e)(3) and (r). The owners and operators of catcher (A) Fax: 907–586–7354; I D. Revising the introductory text of vessels, catcher/processors, shoreside (B) Hand Delivery or Carrier. NMFS, paragraph (e) and paragraphs (e)(1) and processors, and stationary floating Room 713, 709 4th Street, Juneau, AK (e)(2). processors authorized as participants in 99801; or I the Rockfish Program must comply with (C) By mail: Restricted Access E. In newly redesignated paragraph the applicable recordkeeping and Management Program, NMFS, P.O. Box (e)(4), remove the phrase ‘‘paragraphs reporting requirements of this section 21668, Juneau, AK 99802–1668 (e)(1) and (2)’’ and add in its place the and must assign all catch to a rockfish (iii) A Rockfish cooperative phrase ‘‘paragraphs (e)(1), (e)(2), and cooperative, rockfish limited access termination of fishing declaration must (e)(3)’’. fishery, sideboard fishery, opt–out include the following information: I F. In newly redesignated paragraph (A) CQ permit number; (e)(5)(ii), remove the phrase ‘‘paragraph fishery, or rockfish entry level fishery as (B) The date the declaration is (e)(6)’’ and add in its place the phrase applicable at the time of catch or receipt submitted; and ‘‘paragraph (e)(7)’’. of groundfish. All owners of catcher (C) The rockfish cooperative’s legal I G. In newly redesignated paragraph vessels, catcher/processors, shoreside name, NMFS Person ID, the permanent (e)(5)(iii), remove the phrase ‘‘paragraph processors, and stationary floating business address, telephone number, fax (e)(4)(iv)’’ and add in its place the processors authorized as participants in number, and e-mail address (if phrase ‘‘paragraph (e)(5)(iv)’’. the Rockfish Program must ensure that their designated representatives or available) of the rockfish cooperative or The additions and revisions read as employees comply with all applicable its designated representative, and the follows: printed name and signature of the recordkeeping and reporting designated representative of the rockfish § 679.5 Recordkeeping and reporting requirements. cooperative. (R&R). (iv) NMFS will review the declaration * * * * * (2) Logbook—(i) DFL. Operators of and notify the rockfish cooperative’s (e) Shoreside processor electronic catcher vessels equal to or greater than designated representative once the logbook report (SPELR). The owner or 60 ft (18.3 m) LOA participating in a declaration has been approved. manager of a shoreside processor or Rockfish Program fishery must maintain (v) Upon approval of a declaration, stationary floating processor: a daily fishing logbook for trawl gear as the CQ for all primary rockfish species (1) That receives groundfish from described in paragraphs (a) and (c) of and secondary species will be set to AFA catcher vessels or receives pollock this section. zero, rockfish halibut PSC assigned to harvested in a directed pollock fishery (ii) DCPL. Operators of catcher/ that rockfish cooperative will be from catcher vessels: processors permitted in the Rockfish Program must use a daily cumulative reapportioned under the provisions (i) Must use SPELR or NMFS– production logbook for trawl gear as described at § 679.21(d)(5)(iii)(B) and approved software to report every described in paragraph (a) of this that rockfish cooperative may not delivery of harvests made during the section to record Rockfish Program receive any CQ for any primary rockfish fishing year, including but not limited landings and production. species, secondary species, and rockfish to groundfish from AFA catcher vessels (3) SPELR. Managers of shoreside halibut PSC by transfer for the and pollock from a directed pollock processors or SFPs that are authorized remainder of that calendar year. fishery participant; and (3) Eligible rockfish processor. (i) The as processors in the Rockfish Program (ii) Must maintain the SPELR and Regional Administrator will issue an must use SPELR or NMFS-approved printed reports as described in eligible rockfish processor permit to software as described in paragraphs (e) paragraphs (e) and (f) of this section. persons who have submitted a complete and (f) of this section, instead of a (2) That receives groundfish from application described at § 679.81(d), logbook and WPR, to record Rockfish catcher vessels that are authorized as that is subsequently approved by the Program landings and production. harvesters in the Rockfish Program: Regional Administrator. An eligible (4) Check-in/check-out report, rockfish processor permit authorizes a (i) Must use SPELR or NMFS– processors. Operators or managers of a shoreside processor or stationary approved software to report every catcher/processor, mothership, floating processor to receive fish delivery of harvests made during the stationary processor, or stationary harvested under the Rockfish Program, fishing year, including but not limited floating processor that are authorized as except for fish harvested under the to groundfish from catcher vessels processors in the Rockfish Program rockfish entry level fishery. authorized as harvesters in the Rockfish must submit check-in/check-out reports (ii) A permit is valid under the Program; and as described in paragraph (h) of this following circumstances: (ii) Must maintain the SPELR and section. (A) Until the permit is modified by printed reports as described in transfers under § 679.81(g); or paragraphs (e) and (f) of this section. (5) Weekly production report (WPR). (B) Until the permit is revoked, (3) That receives groundfish and that Operators of catcher/processors that are suspended, or modified pursuant to is not required to use SPELR under authorized as processors in the Rockfish § 679.43 or 15 CFR part 904. paragraph (e)(1) or (e)(2) of this section: Program and that use a DCPL must (iii) A legible copy of the eligible (i) May use, upon approval by the submit a WPR as described in paragraph rockfish processor permit must be Regional Administrator, SPELR or (i) of this section. available at the facility at which NMFS–approved software in lieu of the (6) Product transfer report (PTR), Rockfish Program fish are received. shoreside processor DCPL and shoreside processors. Operators of catcher/ I 6. Section 679.5 is amended by: processor WPR. processors and managers of shoreside

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processors or SFPs that are authorized sideboard fishery harvests made by the (iii) Information required. The vessel as processors in the Rockfish Program rockfish cooperative vessels on a vessel- check-in or check-out report must must submit a PTR as described in by-vessel basis; contain the following information: paragraph (g) of this section. (B) The cooperative’s actual retained (A) CQ permit number; (7) Rockfish cooperative catch and discarded catch of CQ, and (B) ADF&G vessel registration report—(i) Applicability. Operators of sideboard limit (if applicable) by number(s) of vessel(s) designated to fish catcher/processors and managers of statistical area and vessel-by-vessel under the CQ permit; shoreside processors or SFPs that are basis; (C) USCG designation number(s) of authorized to receive fish harvested vessel(s) designated to fish under the under a CQ permit in the Rockfish (C) A description of the method used CQ permit; and Program (see § 679.4(n)) must submit to by the cooperative to monitor fisheries (D) Date and time when check-in or the Regional Administrator a rockfish in which cooperative vessels check-out begins. cooperative catch report detailing each participated; and (iv) Limitations on vessel check-in cooperative’s delivery and discard of (D) A description of any actions taken and check-out. (A) A rockfish fish, as described in paragraph (r)(7) of by the cooperative in response to any cooperative may submit no more check- this section. members that exceeded their catch as in reports in a calendar year than an (ii) Time limits and submittal. (A) The allowed under the rockfish cooperative amount equal to three times the number rockfish cooperative catch report must agreement. of LLP licenses that are assigned to that be submitted by one of the following (9) Vessel monitoring system (VMS) rockfish cooperative in that calendar methods: requirements (see § 679.28(f)). year. (10) Rockfish cooperative vessel (1) An electronic data file in a format check-in and check-out report—(i) (B) A rockfish cooperative may submit approved by NMFS mailed to: Applicability—(A) Vessel check-in. The no more check-out reports in a calendar Sustainable Fisheries, P.O. Box 21668, designated representative of a rockfish year than an amount equal to three Juneau, AK 99802–1668; or cooperative must designate any vessel times the number of LLP licenses that (2) By fax: 907–586–7131. that is fishing under the rockfish are assigned to that rockfish cooperative (B) The rockfish cooperative catch cooperative’s CQ permit before that in that calendar year. report must be received by the Regional vessel may fish under that CQ permit I 7. In § 679.7, paragraph (n) is added to Administrator by 1200 hours, A.l.t. one through a check-in procedure. The read as follows: week after the date of completion of a designated representative for a rockfish § 679.7 Prohibitions. delivery. cooperative must submit this * * * * * (iii) Information required. The designation for a vessel: rockfish cooperative catch report must (n) Rockfish Program—(1) General. (i) (1) At least 48 hours prior to the time Fail to retain any primary rockfish contain the following information: the vessel begins a fishing trip to fish (A) CQ permit number; species caught by a vessel that is (B) ADF&G vessel registration under a CQ permit; and assigned to a rockfish cooperative when (2) A check-in report is effective at the number(s) of vessel(s) delivering catch; that vessel is fishing under a CQ permit. (C) Federal processor permit number beginning of the first fishing trip after (ii) Fail to retain any primary rockfish of processor receiving catch; the designation has been submitted. species in the Central GOA caught by a (D) Date the delivery was completed; (B) Vessel check-out. The designated vessel assigned to a rockfish limited (E) Amount of fish (in lb) delivered, representative of a rockfish cooperative access fishery, or to a rockfish entry plus weight of at–sea discards; must designate any vessel that is no level fishery, when that fishery is open. (F) ADF&G fish ticket number(s) longer fishing under a CQ permit for (iii) Fail to retain any secondary issued to catcher vessel(s). that rockfish cooperative through a species caught by a vessel assigned to a (8) Annual rockfish cooperative check-out procedure. This check-out rockfish cooperative when that vessel is report—(i) Applicability. A rockfish report must be submitted within 6 hours fishing under a CQ permit. cooperative permitted in the Rockfish after the effective date and time the (iv) Use an LLP license assigned to a Program (see § 679.4(m)(1)) annually rockfish cooperative wishes to end the Rockfish Program fishery in any other must submit to the Regional vessel’s authority to fish under the CQ Rockfish Program fishery other than the Administrator an annual rockfish permit. This designation is effective at: Rockfish Program fishery to which that cooperative report detailing the use of (1) The end of a complete offload if LLP license was initially assigned for the cooperative’s CQ. that vessel is fishing under a CQ permit that fishing year. (ii) Time limits and submittal. (A) The for a catcher vessel cooperative or the (v) Operate a vessel assigned to a annual rockfish cooperative report must earlier of; Rockfish Program Fishery in any other be submitted to the Regional (2) The end of the weekending date as Rockfish Program fishery other than the Administrator by an electronic data file reported in a WPR if that vessel is Rockfish Program fishery to which that in a NMFS-approved format by fax: fishing under a CQ permit for a catcher/ vessel was initially assigned for that 907–586–7557; or by mail to the processor cooperative; or fishing year. Regional Administrator, NMFS Alaska (3) The end of a complete offload if (vi) Receive any primary rockfish Region, P.O. Box 21668, Juneau, AK that vessel is fishing under a CQ permit species harvested in the entry level 99802–1668; and for a catcher/processor cooperative. rockfish fishery if that person is an (B) The annual rockfish cooperative (ii) Submittal. The designated eligible rockfish processor. report must be received by the Regional representative of the rockfish (vii) Harvest any primary rockfish Administrator by December 15th of each cooperative must submit a vessel check- species in the entry level rockfish year. in or check-out report by one of the fishery if that person is an eligible (iii) Information required. The annual following methods: rockfish harvester. rockfish cooperative report must (A) By mail: Sustainable Fisheries, (viii) Harvest primary rockfish include at a minimum: P.O. Box 21668, Juneau, AK 99802– species, secondary species, or use (A) The cooperative’s CQ, sideboard 1668; or halibut PSC assigned to a rockfish limit (if applicable), and any rockfish (B) By fax: 907–586–7131. cooperative without a valid CQ permit.

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(2) Vessels operators participating in described at § 679.28(f) at all times (iii) Operate a vessel assigned to a the Rockfish Program. (i) Operate a when operating in a reporting area off rockfish cooperative to fish under a CQ vessel that is assigned to a rockfish Alaska from July 1 until July 31. permit unless the rockfish cooperative cooperative and fishing under a CQ (iv) Operate a vessel assigned to the has notified NMFS that the vessel is permit and fail to follow the catch rockfish entry level fishery for trawl fishing under a CQ permit as described monitoring requirements detailed at gear and fail to use functioning VMS under § 679.5(r)(10). § 679.84(c) through (e) from May 1: equipment as described at § 679.28(f) at (iv) Operate a vessel fishing under the (A) Until November 15; or all times when operating in a reporting authority of a CQ permit in the catcher (B) Until that rockfish cooperative has area off Alaska from July 1: vessel sector and to have any Pacific submitted a rockfish cooperative (A) Until November 15; or ocean perch, pelagic shelf rockfish, termination of fishing declaration that (B) Until NMFS closes all directed northern rockfish, sablefish, thornyhead has been approved by NMFS. fishing for all primary rockfish species rockfish, aboard the vessel unless those (ii) Operate a vessel that is assigned for the rockfish entry level fishery for fish were harvested under the authority to a rockfish limited access fishery and trawl gear. of a CQ permit. fail to follow the catch monitoring (4) Catcher/processor vessels (v) Operate a vessel fishing under the requirements detailed at § 679.84(c) participating in the opt–out fishery. authority of a CQ permit in the catcher through (e) from July 1: Operate a vessel that is assigned to the vessel sector and to have any Pacific cod (A) Until November 15; or opt–out fishery to directed fish for aboard the vessel unless those fish were (B) Until NMFS closes all directed northern rockfish, Pacific ocean perch, harvested under the authority of a CQ fishing for all primary rockfish species or pelagic shelf rockfish in the Central permit. for that rockfish limited access fishery GOA. for that sector. (5) Shoreside and stationary floating (8) Use caps. Exceed the use caps that (iii) Operate a vessel, other than a processors eligible for the Rockfish apply under § 679.82(a). catcher/processor vessel assigned to the Program—(i) Catch weighing. Process I opt–out fishery, that is subject to a any groundfish delivered by a vessel 8. In § 679.20, paragraphs (e)(1), sideboard limit detailed at § 679.82(d) assigned to a Rockfish Program fishery, (e)(2)(ii), and (f)(2) are revised to read as through (h), as applicable, and fail to or subject to a sideboard limit not follows: follow the catch monitoring weighed on a scale approved by the § 679.20 General Limitations. requirements detailed at § 679.84(c) State of Alaska. The scale must meet the * * * * * through (e) from July 1 until July 31, if requirements specified in § 679.28(c). (e) * * * that vessel is harvesting fish in the West (ii) Catch monitoring and control plan (1) Proportion of basis species. The Yakutat District, Central GOA, or (CMCP). Take deliveries of, or process, maximum retainable amount of an Western GOA management areas. groundfish caught by a vessel in a incidental catch species is calculated as (iv) Operate a catcher/processor vessel rockfish cooperative or the rockfish a proportion of the basis species assigned to the opt–out fishery, that is limited access fishery as detailed under retained on board the vessel using: subject to a sideboard limit detailed at this subpart without following an (i) The retainable percentages in Table § 679.82(d) through (h), as applicable, approved CMCP as described at 10 to this part for the GOA species and fail to follow the catch monitoring § 679.28(g). A copy of the CMCP must categories (except the Rockfish Program requirements detailed at § 679.84(d) be maintained at the facility and made fisheries, which are described in Table from July 1 until July 31, if that vessel available to authorized officers or 30 to this part for the Rockfish Program is harvesting fish in the West Yakutat NMFS-authorized personnel upon fisheries); and District, Central GOA, or Western GOA request. (ii) Table 11 to this part for the BSAI management areas. species categories. (3) VMS. (i) Operate a vessel that is (iii) Delivery location limitations. (2) * * * assigned to a rockfish cooperative and Receive or process outside of the (ii) To obtain these individual fail to use functioning VMS equipment geographic boundaries of the retainable amounts, multiply the as described at § 679.28(f) at all times community that is designated on the appropriate retainable percentage for the when operating in a reporting area off permit issued by NMFS to the eligible incidental catch species/basis species Alaska from May 1: rockfish processor any groundfish combination, set forth in Table 10 to (A) Until November 15; or caught by a vessel while that vessel is (B) Until that rockfish cooperative has harvesting groundfish under a CQ this part for the GOA species categories submitted a rockfish cooperative permit or in a rockfish limited access (except the Rockfish Program fisheries, termination of fishing declaration that fishery. which are described in Table 30 to this has been approved by NMFS. part for the Rockfish Program fisheries), (ii) Operate a vessel that is assigned (6) Catcher vessels participating in the and Table 11 to this part for the BSAI to a rockfish limited access fishery and Rockfish Program. Deliver groundfish species categories, by the amount of that fail to use functioning VMS equipment harvested by a catcher vessel fishing basis species, in round-weight as described at § 679.28(f) at all times under a CQ permit or in a rockfish equivalents. when operating in a reporting area off limited access fishery to a shoreside or * * * * * Alaska from July 1: stationary floating processor that is not (f) * * * (A) Until November 15; or operating under an approved CMCP (2) Retainable amounts. Except as (B) Until NMFS closes all directed pursuant to § 679.28(g). provided in Table 10 to this part, fishing for all primary rockfish species (7) Rockfish cooperatives. (i) Exceed arrowtooth flounder, or any groundfish for that rockfish limited access fishery the CQ permit amount assigned to that species for which directed fishing is for that sector. rockfish cooperative for any Rockfish closed, may not be used to calculate (iii) Operate a vessel that is subject to Program species. retainable amounts of other groundfish a sideboard limit detailed at § 679.82(d) (ii) Exceed any sideboard limit species. Only fish harvested under the through (h), as applicable, and fail to assigned to a rockfish cooperative in the CDQ Program may be used to calculate use functioning VMS equipment as catcher/processor sector. retainable amounts of other CDQ

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species. Only primary rockfish species and gear endorsement on its Federal allocated to the rockfish limited access harvested under the Rockfish Program Fisheries Permit under § 679.4(b)(5)(vi), fishery for the catcher/processor sector may be used to calculate retainable is open. must have onboard at least two NMFS- amounts of other species, as provided in (ii) You operate a federally permitted certified observers for each day that the Table 30 to this part. vessel in the Aleutian Islands subarea; vessel is used to harvest or process in * * * * * (iii) You operate a federally permitted the Central GOA from July 1 through the I 9. In § 679.21, paragraph (d)(5)(iii) is vessel in the GOA and have mobile earlier of: revised to read as follows: bottom contact gear on board; or (1) November 15; or (iv) When that vessel is required to (2) The date and time NMFS closes all § 679.21 Prohibited species bycatch use functioning VMS equipment in the directed fishing for all primary rockfish management. Rockfish Program as described in species in the rockfish limited access * * * * * § 679.7(n)(3). fishery for the catcher/processor sector. (d) * * * (C) Sideboard fishery. A catcher/ (5) * * * (g) Catch monitoring and control plan processor vessel, other than a catcher/ (iii) Unused seasonal apportionments. requirements (CMCP)—(1) What is a processor vessel assigned to the opt–out (A) Unused seasonal apportionments of CMCP? A CMCP is a plan submitted by fishery, that is subject to a sideboard halibut PSC limits specified for trawl, the owner and manager of a processing limit as described under § 679.82(d) hook-and-line, or pot gear will be added plant, and approved by NMFS, detailing through (h), as applicable, must have to the respective seasonal how the processing plant will meet the onboard at least two NMFS-certified apportionment for the next season catch monitoring and control standards observers for each day that the vessel is during a current fishing year; and detailed in paragraph (g)(7) of this used to harvest or process from July 1 (B) Unused halibut PSC that had been section. through July 31 while harvesting fish in allocated as CQ that has not been used the West Yakutat District, Central GOA, by a rockfish cooperative will be added (2) Who is required to prepare and or Western GOA management areas. to the last seasonal apportionment for submit a CMCP for approval? The (D) Observer lead level 2 trawl gear during the current fishing owner and manager of shoreside or requirements. At least one of these year: stationary floating processors receiving observers must be endorsed as a lead fish harvested in the following fisheries level 2 observer. More than two (1) After November 15; or must prepare, submit, and have observers are required if the observer (2) After the effective date of a approved a CMCP prior to the receipt of workload restriction at paragraph declaration to terminate fishing. fish harvested in these fisheries: (c)(7)(i)(E) of this section would * * * * * (i) AFA pollock, otherwise preclude sampling as (ii) AI directed pollock, I 10. In § 679.28, paragraphs (b)(2)(v), required. (iii) Rockfish Program, unless those (d)(8)(ii), (f)(6), (g) introductory text, fish are harvested under the entry level (g)(1) and (g)(2) are revised to read as (E) Observer workload. The time rockfish fishery as described under follows: required for the observer to complete § 679.83. sampling, data recording, and data § 679.28 Equipment and operational * * * * * communication duties may not exceed requirements. I 11. In § 679.50, paragraphs 12 consecutive hours in each 24-hour * * * * * (g)(1)(iii)(B) introductory text, and period. (b) * * * (g)(1)(iii)(B)(1) are revised and (2) * * * (c)(2)(vii), (c)(7), and (d)(7) are added to (F) Sideboard fishery for catcher/ (v) Where will scale inspections be read as follows: processor vessels in the opt–out fishery. conducted? Scales inspections by (i) A catcher/processor vessel assigned inspectors paid by NMFS will be § 679.50 Groundfish Observer Program to the opt–out fishery, that is subject to conducted on vessels tied up at docks applicable through December 31, 2007. a sideboard limit as described under in Kodiak, Alaska, Dutch Harbor, * * * * * § 679.82(d) through (h), as applicable, Alaska, and in the Puget Sound area of (c) * * * must have onboard at least one NMFS- Washington State. (2) * * * certified observer for each day that the * ** * * (vii) Rockfish Program. In retained vessel is used to harvest or process from (d) * * * catch from Rockfish Program fisheries. July 1 through July 31 while harvesting (8) * * * * * * * * fish in the West Yakutat District, Central (ii) Where will observer sample (7) Rockfish Program—(i) Catcher/ GOA, or Western GOA management station inspections be conducted? processor vessel—(A) Rockfish areas. Inspections will be conducted on cooperative. A catcher/processor vessel vessels tied up at docks in Kodiak, that is named on an LLP license that is (ii) Catcher vessels—(A) Rockfish Alaska, Dutch Harbor, Alaska, and in assigned to a rockfish cooperative and is cooperative. A catcher vessel that is the Puget Sound area of Washington fishing under a CQ permit must have named on an LLP license that is State. onboard at least two NMFS-certified assigned to a rockfish cooperative and * * * * * observers for each day that the vessel is fishing under a CQ permit must have (f) * * * used to harvest or process in the Central onboard a NMFS-certified observer at all (6) When must the VMS transmitter be GOA from May 1 through the earlier of: times the vessel is used to harvest fish transmitting? Your vessel’s transmitter (1) November 15; or in the Central GOA from May 1 through must be transmitting if: (2) The effective date and time of an the earlier of: (i) You operate a vessel in any approved rockfish cooperative (1) November 15; or reporting area (see definitions at § 679.2) termination of fishing declaration. (2) The effective date and time of an off Alaska while any fishery requiring (B) Rockfish limited access fishery. A approved rockfish cooperative VMS, for which the vessel has a species catcher/processor vessel harvesting fish termination of fishing declaration.

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(B) Rockfish limited access fishery. A meeting minimum delivery standards 679.84 Rockfish Program recordkeeping, catcher vessel harvesting fish allocated applicable to groundfish at a shoreside permits, monitoring, and catch to the rockfish limited access fishery for processor or stationary floating accounting. the catcher vessel sector must have processor. Any observer coverage of Subpart G—Rockfish Program onboard a NMFS-certified observer deliveries by catcher vessels not onboard at all times the vessel is used described at paragraph (c)(7)(ii) of this § 679.80 Initial allocation of rockfish QS. to harvest in the Central GOA from July section that occur when the Program Regulations under this subpart were 1 through the earlier of: observer is present at that shoreside developed by National Marine Fisheries (1) November 15; or processor or stationary floating Service to implement Section 802 of the (2) The date and time NMFS closes all processor during that calendar day will Consolidated Appropriations Act of directed fishing for all primary rockfish be counted towards the coverage 2004 (Public Law 108–199). Additional species in the rockfish limited access requirements for that month. regulations that implement specific fishery for the catcher vessel sector. * * * * * (C) Sideboard fishery. A catcher portions of the Rockfish Program are set vessel that is subject to a sideboard limit (g) * * * out at: § 679.2 Definitions, § 679.4 as described under § 679.82(d) through (1) * * * Permits, § 679.5 Recordkeeping and (h), as applicable, must have onboard a (iii) * * * reporting, § 679.7 Prohibitions, § 679.20 NMFS-certified observer at all times the (B) Communication equipment General limitations, § 679.21 Prohibited vessel is used to harvest from July 1 requirements. In the case of an operator species bycatch management, § 679.28 through July 31 while harvesting fish in of a catcher/processor or mothership Equipment and operational the West Yakutat District, Central GOA, that is required to carry one or more requirements, and § 679.50 Groundfish or Western GOA management areas. observers, or a catcher vessel required to Observer Program. (d) * * * carry an observer as specified in (a) Applicable areas and duration— (7) Rockfish Program—(i) Coverage paragraph (c)(1)(iv) or (c)(7)(ii) of this (1) Applicable areas. The Rockfish level. A shoreside or stationary floating section: Program applies to Rockfish Program processor must have a NMFS-certified fisheries in the Central GOA Regulatory Area and rockfish sideboard fisheries in observer for each 12 consecutive hour (1) Hardware and software. Make the GOA and BSAI. period in each calendar day during available for use by the observer a (2) Duration. The Rockfish Program which it receives deliveries from a personal computer in working condition authorized under this part expires on catcher vessel described at paragraph that contains: a full Pentium 120Mhz or December 31, 2008. (c)(7)(ii) of this section. A shoreside or greater capacity processing chip, at least (3) Seasons. The following fishing stationary floating processor that 256 megabytes of RAM, at least 75 seasons apply to fishing under this receives deliveries or processes catch megabytes of free hard disk storage, a subpart subject to other provisions of from a catcher vessel described at Windows 98 (or more recent) this part: paragraph (c)(7)(ii) of this section for compatible operating system, an (i) Rockfish entry level fishery— more than 12 consecutive hours in a operating mouse, a 3.5–inch (8.9 cm) longline gear vessels. Fishing by vessels calendar day is required to have two floppy disk drive, and a readable CD participating in the longline gear NMFS-certified observers each of these ROM disk drive. The associated portion of the rockfish entry level days. computer monitor must have a viewable fishery is authorized from 0001 hours, (ii) Multiple processors. An observer screen size of at least 14.1 inches (35.8 A.l.t., January 1 through 1200 hours, deployed to a shoreside or stationary cm) and minimum display settings of A.l.t., November 15. floating processor that receives 600 x 800 pixels. Except for a catcher deliveries from a catcher vessel (ii) Rockfish entry level fishery—trawl vessel described at paragraph (c)(7)(ii) of vessels. Fishing by vessels participating described at paragraph (c)(7)(ii) of this this section, the computer equipment section that were harvested under the in the trawl gear portion of the rockfish specified in paragraph (g)(1)(iii)(B) of entry level fishery is authorized from Rockfish Program fisheries may not be this section must be connected to a assigned to cover more than one 1200 hours, A.l.t., May 1 through 1200 communication device that provides a hours, A.l.t., November 15. processor during a calendar day. point-to-point modem connection to the (iii) Observers transferring between (iii) Rockfish cooperative. Fishing by NMFS host computer and supports one vessels and processors. An observer vessels participating in a rockfish or more of the following protocols: ITU transferring from a catcher vessel cooperative is authorized from 1200 V.22, ITU V.22bis, ITU V.32, ITU delivering to a shoreside or stationary hours, A.l.t., May 1 through 1200 hours, V.32bis, or ITU V.34. Personal floating processor that receives A.l.t., November 15. computers utilizing a modem must have deliveries from a catcher vessel (iv) Rockfish fishery—rockfish limited at least a 28.8 kbs Hayes-compatible described at paragraph (c)(7)(ii) of this access fishery. Fishing by vessels modem. section may not be assigned to cover the participating in the rockfish limited shoreside or stationary floating * * * * * access fishery is authorized from 1200 processor until at least 12 hours after I 12. Subpart G, consisting of §§ 679.80 hours, A.l.t., July 1 through 1200 hours, offload and sampling of the catcher through 679.84, is added to read as A.l.t., November 15. vessel’s delivery is complete. follows: (b) Eligibility for harvesters to (iv) Observer coverage limitations. participate in the Rockfish Program—(1) Subpart G—Rockfish Program Observer coverage requirements at Eligible rockfish harvester. A person is paragraph (d)(7) of this section are in Sec. eligible to participate in the Rockfish addition to observer coverage 679.80 Initial allocation of rockfish QS. Program as an eligible rockfish harvester 679.81 Rockfish Program annual harvester requirements in other fisheries. and processor privileges. if that person: Observer coverage of deliveries of 679.82 Rockfish Program use caps and (i) Holds a permanent fully groundfish harvested by catcher vessels sideboard limits. transferrable LLP license at the time of described at paragraph (c)(7)(ii) of this 679.83 Rockfish Program entry level application to participate in the section are not counted for purposes of fishery. Rockfish Program that:

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(A) Is endorsed for Central GOA (i) The legal rockfish landing of that Permit at the time that the processing groundfish with a trawl gear primary rockfish species was harvested history had been transferred by the designation; and and not processed onboard a vessel express terms of a written contract. (B) Has a legal rockfish landing of any during the season dates for that primary (3) Eligible entry level fishery primary rockfish species in which the rockfish species as established under processor. A person is eligible to sum of the catch of all primary rockfish Table 28 to this part; and participate in the Rockfish Program as species for that legal rockfish landing (ii) The legal rockfish landings that an eligible entry level fishery processor exceeded the catch of all other were derived from that vessel resulted if that person is not an eligible rockfish groundfish; and in, or were made under the authority of, processor. (ii) Submits a timely application to an eligible LLP license that is endorsed (d) Official Rockfish Program record— participate in the Rockfish Program that for Central GOA groundfish fisheries (1) Use of the official Rockfish Program is approved by NMFS. with trawl gear; and record. The official Rockfish Program (2) Rockfish entry level fishery (iii) Those legal rockfish landings do record will contain information used by harvester. A person is eligible to not meet the criteria for being a legal the Regional Administrator to participate in the Rockfish Program as a rockfish landing assigned to the catcher/ determine: rockfish entry level fishery harvester if processor sector as defined in paragraph that person: (b)(4) of this section. (i) The amount of legal rockfish (i) Holds a valid LLP license endorsed (c) Eligibility for processors to landings and resulting processing for Central GOA groundfish at the time participate in the Rockfish Program—(1) history assigned to a shoreside of application for the entry level fishery; Eligible rockfish processor. A person is processor or stationary floating (ii) Submits a timely application for eligible to participate in the Rockfish processor; the entry level fishery that is approved Program as an eligible rockfish by NMFS; and processor if that person: (ii) The amount of legal rockfish (iii) That person does not hold a (i) Holds the processing history of a landings assigned to an LLP license; permanent fully transferrable LLP shoreside processor or stationary (iii) The amount of rockfish QS license that is endorsed for Central GOA floating processor that received not less resulting from legal rockfish landings groundfish with a trawl designation and than 250 metric tons in round weight assigned to an LLP license held by an has a legal rockfish landing of any equivalents of aggregate legal rockfish eligible rockfish harvester; primary rockfish species in which the landings of primary rockfish species (iv) Sideboard ratios assigned to sum of the catch of all primary rockfish each calendar year in any four of the eligible rockfish harvesters; species for that legal rockfish landing five calendar years from 1996 through (v) The amount of legal rockfish exceeded the catch of all other 2000 during the season dates for that landings assigned to an eligible rockfish groundfish. primary rockfish species as established processor for purposes of establishing a in Table 28 to this part; rockfish cooperative with eligible (3) Assigning a legal rockfish landing (ii) Submits a timely application to rockfish harvesters; and includes: to an LLP license. A legal rockfish participate in the Rockfish Program that (vi) All other information used by landing is assigned to an eligible LLP is approved by NMFS; and NMFS that is necessary to determine license endorsed for the Central GOA (iii) That person or successor-in- eligibility to participate in the Rockfish management area with a trawl gear interest exists at the time of application Program and assign specific harvest or designation if that legal rockfish landing to participate in the Rockfish Program. processing privileges to Rockfish was made onboard a vessel that gave (2) Holder of processing history. A Program participants. rise to that LLP license prior to the person holds the processing history of a (2) Presumption of correctness. The issuance of that LLP license, or that shoreside processor or stationary official Rockfish Program record is legal rockfish landing was made on a floating processor if that person: presumed to be correct. An applicant to vessel using trawl gear operating under (i) Owns the shoreside processor or participate in the Rockfish Program has the authority of that LLP license. stationary floating processor at which the burden to prove otherwise. For the (4) Legal rockfish landings assigned to the legal rockfish landings were purposes of creating the official the catcher/processor sector. A legal received at the time of application to Rockfish Program record, the Regional rockfish landing for a primary rockfish participate in the Rockfish Program, Administrator will presume the species is assigned to the catcher/ unless that processing history has been following: processor sector if: transferred to another person by the (i) The legal rockfish landing of that express terms of a written contract that (i) An LLP license is presumed to primary rockfish species was harvested clearly and unambiguously provides have been used onboard the same vessel and processed onboard a vessel during that such processing history has been from which that LLP license was the season dates for that primary transferred; or derived during the calendar years 2000 rockfish species as established in Table (ii) (A) Holds the processing history of and 2001, unless written documentation 28 to this part; and a shoreside processor or stationary is provided that establishes otherwise. (ii) The legal rockfish landings that floating processor at which the legal (ii) If more than one person is were derived from that vessel resulted rockfish landings were received and claiming the same legal rockfish in, or were made under the authority of, obtained that processing history by the landing, then each LLP license for an eligible LLP license that is endorsed express terms of a written contract that which the legal rockfish landing is being for Central GOA groundfish fisheries clearly and unambiguously provides claimed will receive an equal share of with trawl gear with a catcher/processor that such processing history is held by any resulting rockfish QS unless the designation. that person at the time of application to applicants can provide written (5) Legal rockfish landings assigned to participate in the Rockfish Program; and documentation that establishes an the catcher vessel sector. A legal (B) The shoreside processor or alternative means for distributing the rockfish landing for a primary rockfish stationary floating processor from which catch history to the LLP licenses. species is assigned to the catcher vessel that processing history is derived did (3) Documentation. (i) Only legal sector if: not have a valid Federal Processor rockfish landings, as defined in § 679.2,

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shall be used to establish an allocation business entity; if YES, enter the date of (E) Submit a copy of the contract that of rockfish QS or a sideboard ratio. incorporation; demonstrates that the legal processing (ii) Evidence of legal rockfish landings (D) Indicate (YES or NO) if the history and rights to apply for and used to establish processing history for applicant is a successor-in-interest to a receive processor eligibility based on an eligible rockfish processor is limited deceased individual or to a non- that legal processing history have been to State of Alaska fish tickets. individual no longer in existence, if YES transferred or retained (if applicable); (4) Non-severability of legal rockfish attach evidence of death or dissolution; and landings. Legal rockfish landings are (E) For an applicant claiming legal non-severable: rockfish landings associated with an (F) Any other information deemed (i) From the LLP license to which LLP license, enter the following necessary by the Regional those legal rockfish landings are information for each LLP license: LLP Administrator. assigned according to the official license number, name of the original (iii) Applicant signature and Rockfish Program record; or qualifying vessel(s) (OQV(s)) that gave certification. The applicant must sign (ii) From the shoreside processor or rise to the LLP license, ADF&G vessel and date the application certifying that stationary floating processor at which registration number of the OQV, and all information is true, correct, and the legal rockfish landings were names, ADF&G vessel registration complete to the best of his/her received unless the processing history numbers, and USCG documentation knowledge and belief. If the application assigned to that shoreside processor or numbers of all other vessels used under is completed by a designated the authority of this LLP license, stationary floating processor is representative, then explicit including dates when landings were transferred, in its entirety, to another authorization signed by the applicant made under the authority of an LLP person under the provisions in must accompany the application. paragraph (c)(2)(ii) of this section. license for 2000 and 2001; (5) Application evaluation. The (e) Application to participate in the (F) For an applicant claiming legal Regional Administrator will evaluate Rockfish Program—(1) Submission of rockfish landings in the catcher/ applications received as specified in application to participate in the processor sector, enter the following paragraph (e)(3) of this section and Rockfish Program. A person who wishes information: LLP license numbers, compare all claims in an application to participate in the Rockfish Program as vessel names, ADF&G vessel registration with the information in the official an eligible rockfish harvester or eligible numbers, and USCG documentation Rockfish Program record. Application rockfish processor must submit a timely numbers of vessels on which legal claims that are consistent with and complete application to participate rockfish landings were caught and information in the official Rockfish in the Rockfish Program. This processed. Program record will be approved by the application may only be submitted to Regional Administrator. Application NMFS using the following methods: (ii) Processor eligibility. (A) Indicate claims that are inconsistent with official (i) Mail: Regional Administrator, c/o (YES or NO) if the applicant received at Rockfish Program record, unless verified Restricted Access Management Program, least 250 metric tons in round weight by documentation, will not be NMFS, P.O. Box 21668, Juneau, AK equivalent of aggregate legal rockfish approved. An applicant who submits 99802–1668; landings of primary rockfish species inconsistent claims, or an applicant who (ii) Fax: 907–586–7354; or each calendar year in any four of the fails to submit the information specified (iii) Hand Delivery or Carrier: NMFS, five calendar years from 1996 through in paragraph (e)(4) of this section, will Room 713, 709 West 9th Street, Juneau, 2000 during the season dates for that be provided a single 30-day evidentiary AK 99801. primary rockfish species as established period to submit the specified (2) Forms. Forms are available in Table 28 to this part; information, submit evidence to verify through the internet on the NMFS (B) If the answer to paragraph his or her inconsistent claims, or submit Alaska Region website at http:// (e)(4)(ii)(A) of this section is YES, enter a revised application with claims www.fakr.noaa.gov, or by contacting the facility name and ADF&G processor consistent with information in the NMFS at 800–304–4846, Option 2. code(s) for each processing facility official Rockfish Program record. An (3) Deadline. A completed application where legal rockfish landings were applicant who submits claims that are to participate in the Rockfish Program received and the qualifying years or inconsistent with information in the must be received by NMFS no later than seasons for which applicant is claiming official Rockfish Program record has the 1700 hours A.l.t. on January 2, 2007, or eligibility. burden of proving that the submitted if sent by U.S. mail, postmarked by that (C) Enter the name of the community claims are correct. Any claims that time. in which the primary rockfish species remain inconsistent or that are not (4) Contents of application. A were received. The community is either: accepted after the 30-day evidentiary completed application must contain the (1) The city, if the community is period will be denied, and the applicant following information: incorporated as a city within the State will be notified by an initial (i) Applicant identification. (A) The of Alaska; administrative determination (IAD) of applicant’s name, NMFS person ID (if (2) The borough, if the community is his or her appeal rights under § 679.43. applicable), tax ID or social security not a city incorporated within the State (6) Appeals. If an applicant is notified number, permanent business mailing of Alaska, but the community is in a by an IAD that claims made by the address, business telephone number, borough incorporated within the State applicant have been denied, that and business fax number, and e-mail (if of Alaska. applicant may appeal that IAD under available); (D) Enter the four calendar years from the provisions at § 679.43. (B) Indicate (YES or NO) if the 1996 through 2000 that NMFS will use (f) Rockfish QS allocation—(1) applicant is a U.S. citizen; if YES, enter to determine the percentage of legal General. An eligible rockfish harvester his or her date of birth; rockfish landings received by that who holds an LLP license at the time of (C) Indicate (YES or NO) if the eligible rockfish processor for purposes application to participate in the applicant is a U.S. corporation, of forming an association with a Rockfish Pilot Program will receive partnership, association, or other rockfish cooperative. rockfish QS assigned to that LLP license

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based on the legal rockfish landings paragraph (f)(3)(iii)(E) of this section by (3) Primary rockfish species TACs assigned to that LLP license according this percentage. This yields the rockfish assigned to the catcher/processor and to the official Rockfish Program record. QS units to be assigned to the catcher/ catcher vessel sector. TACs assigned for (2) Non-severability of rockfish QS processor sector for that LLP license and a primary rockfish species will be from an LLP license. Rockfish QS species. For each primary rockfish divided between the catcher/processor assigned to an LLP license is non- species, the total amount of rockfish QS sector and the catcher vessel sector. severable from that LLP license. units assigned to the catcher/processor Each sector will receive a percentage of (3) Calculation of rockfish QS. (i) sector are the sum of all catch history TACs for each primary rockfish species Based on the official Rockfish Program allocation units assigned to all eligible equal to the sum of the rockfish QS record, the Regional Administrator shall rockfish harvesters in the catcher/ units assigned to all LLP licenses that determine the total amount of legal processor sector. receive rockfish QS in that sector rockfish landings of each primary (G) Determine the percentage of legal divided by the rockfish QS pool for that rockfish species in each year during the rockfish landings from the official primary rockfish species. Expressed fishery seasons established in Table 28 Rockfish Program record in the algebraically for each primary rockfish to this part. qualifying years used to calculate species ‘‘s’’ in paragraphs (g)(3)(i) and (ii) For each sector, Rockfish QS for rockfish QS assigned to the catcher (ii) of this section: each primary rockfish species shall be vessel sector and multiply the Rockfish (i) Catcher/Processor Sector TACs = based on the percentage of the legal QS units calculated in paragraph [(TACs) x (Rockfish QS Units in the rockfish landings of each primary (f)(3)(iii)(E) of this section by this Catcher/Processor Sectors/Rockfish QS rockfish species in that sector associated percentage. This yields the rockfish QS Pools)]. with each fully transferrable LLP units to be assigned to the catcher vessel licenses held by eligible rockfish sector for that LLP license and species. (ii) Catcher Vessel Sector TACs = harvesters in that sector. For each primary rockfish species, the [(TACs) x (Rockfish QS Units in the (iii) The Regional Administrator shall total amount of rockfish QS units Catcher Vessel Sectors/Rockfish QS calculate rockfish QS for each sector for assigned to the catcher vessel sector is Pools)]. each primary rockfish species ‘‘s’’ based equal to the sum of all rockfish QS units on each fully transferable LLP license assigned to all eligible rockfish (4) Use of primary rockfish species by ‘‘l’’ held by all eligible rockfish harvesters in the catcher vessel sector. an eligible rockfish harvester. Once a harvesters by the following procedure: § 679.81 Rockfish Program annual TACs is assigned to a sector, the use of (A) Sum the legal rockfish landings harvester and processor privileges. that TACs by eligible rockfish harvesters for each year during the fishery seasons (a) Sector and LLP license allocations in that sector is governed by regulations established in Table 28 to this part. of primary rockfish species—(1) applicable to the rockfish cooperative, (B) Select the five years that yield the General. Each calendar year, the limited access fishery, or opt–out highest tonnage of that primary rockfish Regional Administrator will determine fishery in which those eligible rockfish species, including zero pounds if the tonnage of primary rockfish species harvesters are participating. The TACs is necessary. that will be assigned to the Rockfish assigned as follows: Program. For participants in a rockfish (i) Any TACs assigned to a rockfish (C) Sum the tonnage of the highest cooperative, rockfish limited access cooperative is issued as CQ and may be five years, for that species for that LLP fishery, or opt–out fishery, amounts will harvested only by the members of the license as selected under paragraph be allocated to the appropriate sector, rockfish cooperative that has been (f)(3)(iii)(B) of this section. This yields either the catcher/processor sector or assigned that CQ and only on vessels the Highest Five Years. the catcher vessel sector. The tonnage of that are authorized to fish under that CQ (D) Divide the Highest Five Years in fish assigned to a sector will be further permit. Once issued, CQ may be paragraph (f)(3)(iii)(C) of this section for assigned to rockfish cooperative(s) or transferred between rockfish an LLP license and species by the sum the rockfish limited access fishery cooperatives according to the provisions of all Highest Five Years based on the within that sector. in paragraph (f) of this section. official Rockfish Program record for that (2) Calculation. The amount of (ii) Any TACs assigned to the rockfish species as presented in the following primary rockfish species allocated to the limited access fishery in the catcher equation: Rockfish Program is calculated by vessel sector may be harvested by any deducting the incidental catch eligible rockfish harvester who has Highest Five Yearsls / è All Highest allowance (ICA) the Regional assigned an LLP license with rockfish Five Yearss = Percentage of the Totalls Administrator determines is required on QS for use in the rockfish limited access The result (quotient) of this equation is an annual basis in other non-target fishery in the catcher vessel sector. the Percentage of the Totalls. fisheries from the TAC. Ninety-five (95) (iii) Any TACs assigned to the rockfish (E) Multiply the Percentage of the percent of the remaining TAC for that limited access fishery in the catcher/ Totalls by the Initial Rockfish QS Pool primary rockfish species (TACs) is processor sector may be harvested by for each relevant species as established assigned for use by rockfish any eligible rockfish harvester who has in Table 29 to this part. This yields the cooperatives and the rockfish limited assigned an LLP license with rockfish number of rockfish QS units for that access fishery in the catcher vessel and QS for use in the rockfish limited access LLP license for that primary rockfish catcher/processor sectors. Five (5) fishery in the catcher/processor sector. species in rockfish QS units. percent of the remaining TAC is (iv) TACs is not assigned to an opt– (F) Determine the percentage of legal allocated for use in the rockfish entry out fishery. Any TACs that would have rockfish landings from the official level fishery. The formulae are as been derived from rockfish QS assigned Rockfish Program record in the follows in paragraphs (g)(2)(i) and (ii) of to the opt–out fishery is reassigned to qualifying years used to calculate the this section: rockfish cooperatives and the rockfish rockfish QS assigned to the catcher/ (i) (TAC - ICA) x 0.95 = TACs. limited access fishery in the catcher/ processor sector and multiply the (ii) (TAC - ICA) x 0.05 = TAC for the processor sector as established in rockfish QS units calculated in Rockfish Entry Level Fishery. paragraph (a)(5)(ii) of this section.

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(5) Determining the TACs of primary Cooperative / è Rockfish QS Units assigned secondary species. This is the maximum rockfish species. TACs is assigned to to all rockfish cooperatives and the Limited amount of that secondary species that each rockfish cooperative or limited Access Fishery in the Catcher/Processor may be allocated to the catcher/ access fishery based on the rockfish QS Sector). processor sector in the Rockfish (B) Rockfish limited access fishery. assigned to that fishery in each sector Program. The amount of TAC for each primary according to the following procedures: s (i) Catcher vessel sector. The rockfish species assigned to the limited (v) The maximum amount of rougheye access fishery is equal to the catcher/ assignment of TACs to a rockfish rockfish that may be allocated to the cooperative or limited access fishery is processor TACs subtracting all CQ catcher/processor sector is equal to governed by the Rockfish Program issued to rockfish cooperatives in the 58.87 percent of the TAC for the Central fishery to which an LLP license is catcher/processor sector for that primary GOA. assigned under this paragraph (a). rockfish species. Expressed algebraically (vi) The maximum amount of (A) Rockfish cooperative. The amount in the following equation: shortraker rockfish that may be Catcher/Processor Sector Rockfish Limited of TACs for each primary rockfish Access Fishery TAC = [(Catcher/Processor allocated to the catcher/processor sector species assigned to a rockfish s Sector TACs) ¥ (è CQ issued to rockfish is equal to 30.03 percent of the TAC for cooperative is equal to the amount of cooperatives in the Catcher/Processor the Central GOA. rockfish QS units assigned to that Sector). (3) Maximum amount of secondary rockfish cooperative divided by the total (b) Sector and LLP license allocations species tonnage that may be assigned to rockfish QS pool in the catcher vessel of secondary species—(1) General. Each the catcher vessel sector. (i) Sum the sector multiplied by the catcher vessel calendar year, the Regional amount of each secondary species TACs. Once TACs for a primary rockfish Administrator will determine the retained by all vessels that gave rise to species is assigned to a rockfish tonnage of secondary species that may an LLP license with a catcher vessel cooperative, it is issued as CQ specific be assigned to the Rockfish Program. designation or that fished under an LLP to that rockfish cooperative. The amount This amount will be assigned to the license with a catcher vessel designation of CQ for each primary rockfish species catcher/processor sector and the catcher during the directed fishery for any that is assigned to a rockfish cooperative vessel sector. The tonnage of fish primary rockfish species in which the is expressed algebraically as follows: assigned to a sector will be assigned sum of the catch of all primary rockfish CQ = [(Catcher Vessel Sector TACs) x only to rockfish cooperatives within that species for that legal rockfish landing (Rockfish QS assigned to that Cooperative/ sector. CQ of secondary species is exceeded the catch of all other Rockfish QS Units in the Catcher Vessel subject to the use limitations established groundfish during all qualifying season Sectors)]. in paragraph (b)(4) of this section. (B) Rockfish limited access fishery. dates established in Table 28 to this (2) Maximum amount of secondary part. This is the rockfish catcher vessel The amount of TACs for each primary species tonnage that may be assigned to rockfish species assigned to the rockfish sector harvest for that secondary the catcher/processor sector. (i) Sum the species. limited access fishery is equal to the amount of each secondary species catcher vessel sector TACs subtracting retained by all vessels that gave rise to (ii) Sum the amount of each all CQ issued to rockfish cooperatives in an LLP license with a catcher/processor secondary species retained by all vessels the catcher vessel sector for that primary designation or that fished under an LLP in the Central GOA regulatory Area and rockfish species. Expressed algebraically license with a catcher/processor adjacent waters open by the State of in the following equation: designation during the directed fishery Alaska for which it adopted a Federal Catcher Vessel Sector Rockfish Limited for any primary rockfish species in fishing season from January 1, 1996, Access Fishery TACs = Catcher Vessel Sector TACs ¥ (è CQ issued to Rockfish which the sum of the catch of all until December 31, 2002. This is the Cooperatives in the Catcher Vessel Sector). primary rockfish species for that legal total secondary species harvest. (ii) Catcher/processor sector. The rockfish landing exceeded the catch of (iii) For each secondary species, assignment of TACs to a rockfish all other groundfish during all divide the rockfish catcher vessel sector cooperative or limited access fishery is qualifying season dates established in harvest by the total secondary species determined by the Rockfish Program Table 28 to this part. This is the rockfish harvest and multiply by 100. This is the fishery to which an LLP license is catcher/processor sector harvest for that percentage of each secondary species assigned under this paragraph (a). secondary species. that may be assigned to the catcher (A) Rockfish cooperative. The amount (ii) Sum the amount of each vessel sector in the Rockfish Program of TACs for each primary rockfish secondary species retained by all vessels fishery. species assigned to a rockfish in the Central GOA regulatory Area and cooperative is equal to the amount of adjacent waters open by the State of (iv) Multiply the percentage of each rockfish QS units assigned to that Alaska for which it adopted a Federal secondary species assigned to the rockfish cooperative divided by the sum fishing season from January 1, 1996, catcher vessel sector in the Rockfish of the rockfish QS units assigned to until December 31, 2002. This is the Program fishery by the TAC for that rockfish cooperatives and the limited total secondary species harvest. secondary species. This is the maximum access fishery in the catcher/processor (iii) For each secondary species, amount of that secondary species that sector multiplied by the catcher/ divide the rockfish catcher/processor may be allocated to the catcher vessel processor TACs. Once TACs for a sector harvest by the total secondary sector in the Rockfish Program. primary rockfish species is assigned to species harvest and multiply by 100. (4) Use of a secondary species by an a rockfish cooperative it is issued as CQ This is the percentage of secondary eligible rockfish harvester. Once the specific to that rockfish cooperative. species that may be assigned to the maximum amount of secondary species The amount of CQ for each primary catcher/processor sector in the Rockfish that may be assigned to a sector has rockfish species that is assigned to a Program fishery. been determined, the use of that specific rockfish cooperative is expressed (iv) Multiply the percentage of each amount that is assigned to that sector is algebraically as follows: secondary species assigned to the governed by regulations applicable to CQ = [(Catcher/Processor Sector TACs) x catcher/processor sector in the Rockfish the specific Rockfish Program fishery in (Rockfish QS Units assigned to that Program fishery by the TAC for that which eligible rockfish harvesters are

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participating. The specific amount of Rockfish QS Pool in the Catcher Vessel (3) Use of rockfish halibut PSC by an each secondary species that may be Sector). eligible rockfish harvester. Once the used by eligible rockfish harvesters is (c) Sector and LLP license allocations maximum amount of rockfish halibut determined by the following procedure: of rockfish halibut PSC—(1) General. PSC that may be assigned to a sector has (i) Secondary species may only be Each calendar year, the Regional been determined, the use of that specific assigned to a rockfish cooperative. Once Administrator will determine the amount that is assigned to that sector is a secondary species is assigned to a tonnage of rockfish halibut PSC that will governed by the specific Rockfish rockfish cooperative it is issued as CQ, be assigned to the Rockfish Program. Program fishery in which eligible which may only be used by the rockfish This amount will be allocated to the rockfish harvesters are participating. cooperative to which it is assigned. appropriate sector, either the catcher/ (i) Rockfish halibut PSC is assigned (ii) Secondary species are not processor sector or the catcher vessel only to a rockfish cooperative. Once assigned to a rockfish limited access sector. The tonnage of rockfish halibut rockfish halibut PSC is assigned to a fishery or the opt–out fishery and there PSC assigned to a sector will be further rockfish cooperative, it is issued as CQ, is not a dedicated harvestable allocation assigned as CQ only to rockfish which may only be used by the for any specific participant in these cooperative(s) within that sector. members of the rockfish cooperative to rockfish fisheries. (2) Maximum amount of rockfish which it is assigned. (5) Determining the amount of halibut PSC that may be assigned to the (ii) Rockfish halibut PSC is not secondary species CQ assigned to a catcher/processor and catcher vessel assigned to a rockfish limited access rockfish cooperative. The amount of CQ sectors. (i) Sum the amount of halibut fishery or the opt–out fishery and there for each secondary species that is PSC used by all vessels that gave rise to is not a dedicated allocation for any assigned to each rockfish cooperative is an LLP license or that fished under an specific participant in these rockfish determined according to the following LLP license used during the directed fisheries. procedures: fishery for any primary rockfish species in which the sum of the catch of all (4) Determining the amount of primary rockfish species for that legal (i) CQ assigned to rockfish rockfish halibut PSC CQ assigned to a rockfish landing exceeded the catch of cooperatives in the catcher/processor rockfish cooperative. The amount of CQ all other groundfish during all sector. The CQ for a secondary species of rockfish halibut PSC that is assigned qualifying season dates established in that is assigned to a rockfish cooperative to each rockfish cooperative is Table 28 to this part. This is the rockfish is equal to the maximum amount of that determined according to the following halibut PSC amount. secondary species that may be allocated procedures: (ii) Sum the amount of halibut PSC by to the catcher/processor sector in the all vessels in the GOA Regulatory Area Rockfish Program multiplied by the sum (i) CQ assigned to rockfish and adjacent waters open by the State of of the rockfish QS units for all primary cooperatives in the catcher/processor Alaska for which it adopted a Federal rockfish species assigned to that sector. The CQ for rockfish halibut PSC fishing season from January 1, 1996, rockfish cooperative divided by the sum that is assigned to a specific rockfish until December 31, 2002. This is the of the rockfish QS units assigned to cooperative is equal to the maximum Total Halibut PSC. rockfish cooperatives and the limited amount of rockfish halibut PSC that may access fishery for all primary rockfish (iii) Divide the rockfish halibut PSC be allocated to the catcher/processor species in the catcher/processor sector. amount by the total halibut PSC and sector multiplied by the sum of the Expressed algebraically in the following multiply by 100. This is the percentage rockfish QS units for all primary equation: of rockfish halibut PSC assigned to the rockfish species assigned to that CQ for that Secondary Species = maximum Rockfish Program fishery. rockfish cooperative divided by the sum amount of that Secondary Species that may (iv) Multiply the percentage of of the rockfish QS units assigned to be allocated to the Catcher/Processor Sector rockfish halibut PSC assigned to the rockfish cooperatives and the limited in the Rockfish Program x (è Rockfish QS Rockfish Program fishery by the GOA access fishery for all primary rockfish Units assigned to that Rockfish cooperative / halibut PSC limit. This is the maximum species in the catcher/processor sector. è Rockfish QS Units assigned to all rockfish amount of rockfish halibut PSC that may This is expressed algebraically in the cooperatives and the Limited Access Fishery be allocated to the Rockfish Program following equation: in the Catcher/Processor Sector). fishery. CQ for Rockfish Halibut PSC to a specific (ii) CQ assigned to rockfish rockfish cooperative = maximum amount of cooperatives in the catcher vessel sector. (v) Multiply the maximum amount of Rockfish Halibut PSC that may be allocated è The CQ for a secondary species that is rockfish halibut PSC that may be to the Catcher/Processor Sector x ( Rockfish QS Units assigned to that Rockfish assigned to a specific rockfish allocated to the Rockfish Program cooperative is equal to the maximum Cooperative / è Rockfish QS Units assigned fishery by the percentage of the to all rockfish cooperatives and the Limited amount of that secondary species that aggregate Rockfish QS assigned to the may be allocated to the catcher vessel Access Fishery in the Catcher/Processor catcher/processor sector. This is the Sector). sector in the Rockfish Program maximum amount of rockfish halibut (ii) CQ assigned to rockfish multiplied by the sum of the rockfish PSC that may be allocated to the cooperatives in the catcher vessel sector. QS units for all primary rockfish species catcher/processor sector. The CQ for rockfish halibut PSC that is assigned to that rockfish cooperative (vi) Multiply the maximum amount of assigned to a specific rockfish divided by the rockfish QS pool for all rockfish halibut PSC that may be cooperative is equal to the maximum primary rockfish species in the catcher allocated to the Rockfish Program amount of rockfish halibut PSC that may vessel sector. Expressed algebraically in fishery by the percentage of the be allocated to the catcher vessel sector the following equation: CQ for that Secondary Species = maximum aggregate Rockfish QS assigned to the multiplied by the sum of the rockfish amount of that Secondary Species that may catcher vessel sector. This is the QS units for all primary rockfish species be allocated to the Catcher Vessel Sector in maximum amount of rockfish halibut assigned to that rockfish cooperative the Rockfish Program x (è Rockfish QS Units PSC that may be allocated to the catcher divided by the rockfish QS pool for all assigned to that Rockfish Cooperative / vessel sector. primary rockfish species in the catcher

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vessel sector. This is expressed approved by the Regional for which the applicant wishes to algebraically in the following equation: Administrator; or participate in a Rockfish Program CQ for Rockfish Halibut PSC to a specific (B) Does not submit a complete fishery, or if sent by U.S. mail, the rockfish cooperative = maximum amount of application for CQ, or an application for application must be postmarked by that Rockfish Halibut PSC that may be allocated the opt–out fishery that is approved. time. to the Catcher Vessel Sector x (è Rockfish QS (ii) The rockfish QS is assigned to the (4) Application for CQ. A rockfish Units assigned to that Rockfish Cooperative/ rockfish limited access fishery in the cooperative that submits a complete Rockfish QS Pool in the Catcher Vessel catcher vessel sector if that rockfish QS application that is approved by NMFS Sector). (d) Assigning rockfish QS to a is assigned to the catcher vessel sector. will receive a CQ permit that establishes (iii) The rockfish QS is assigned to the an annual amount of primary rockfish Rockfish Program fishery—(1) General. rockfish limited access fishery in the species, secondary species, and rockfish Each calendar year, a person that is catcher/processor sector if that rockfish halibut PSC that is based on the participating in the Rockfish Program QS is assigned to the catcher/processor collective rockfish QS of the LLP must assign any LLP license and any sector. licenses assigned to the rockfish rockfish QS assigned to that LLP license (5) Opt–out fishery. An eligible cooperative by its members. A CQ to a Rockfish Program fishery by the rockfish harvester may assign rockfish permit will list the amount of CQ, by process specified in paragraph (e) of this QS assigned to the catcher/processor fishery, held by the rockfish section. A person may assign an LLP sector to the opt–out fishery if that cooperative, the members of the rockfish license and any rockfish QS assigned to eligible rockfish harvester assigns the cooperative and LLP licenses assigned that LLP license to only one Rockfish rockfish QS associated with that LLP to that rockfish cooperative, and the Program fishery in a fishing year. Any license to the opt–out fishery on a vessels which are authorized to harvest rockfish QS assigned to a person’s LLP complete application for the opt–out fish under that CQ permit. license after NMFS has issued CQ or the fishery that is approved by the Regional (i) Contents of an application for CQ. TAC for that calendar year will not Administrator. A completed application must contain result in any additional CQ or TAC (6) Rockfish entry level fishery. (i) A the following information: being issued for that rockfish QS for that rockfish entry level harvester may (A) Rockfish cooperative calendar year. assign an LLP license to the rockfish identification. The rockfish (2) Rockfish cooperatives in the entry level fishery if that rockfish entry cooperative’s legal name; the type of catcher vessel sector. An eligible level harvester assigns that LLP license business entity under which the rockfish harvester may assign rockfish to the rockfish entry level fishery on a rockfish cooperative is organized; the QS to a rockfish cooperative in the complete application for the entry level state in which the rockfish cooperative catcher vessel sector if: fishery that is approved by the Regional is legally registered as a business entity; (i) That eligible rockfish harvester Administrator. Tax ID number, date of incorporation, assigns the rockfish QS associated with (ii) A rockfish entry level processor the printed name of the rockfish that LLP license to a rockfish may participate in the rockfish entry cooperative’s designated representative; cooperative on a complete application level fishery if that rockfish entry level the permanent business address, for CQ that is approved by the Regional processor submits a complete telephone number, fax number, and e- Administrator and that meets the application for the entry level fishery mail address (if available) of the requirements of paragraph (i) of this that is approved by the Regional rockfish cooperative or its designated section; and Administrator. representative; and the signature of the (ii) That rockfish QS is derived from rockfish cooperative’s designated legal rockfish landings assigned to the (e) Applications for a Rockfish representative and date signed. catcher vessel sector. Program fishery—(1) General. (B) Members of the rockfish (3) Rockfish cooperative in the Applications to participate in a Rockfish cooperative—(1) Harvester catcher/processor sector. An eligible Program fishery are required to be identification. Full name, NMFS Person rockfish harvester may assign rockfish submitted each year. A person who ID, LLP license number(s), Tax ID or QS to a rockfish cooperative in the wishes to participate in a particular SSN, name of the vessel(s), ADF&G catcher/processor sector if: Rockfish Program fishery must submit a vessel registration number, and USCG (i) That eligible rockfish harvester timely and complete application that is documentation number of vessel(s) on assigns the rockfish QS associated with appropriate to that Rockfish Program which the CQ issued to the rockfish that LLP license to a rockfish fishery. These applications may only be cooperative will be used. cooperative on a complete application submitted to NMFS using the following (2) LLP holdership documentation. for CQ that is approved by the Regional methods: Provide the names of all persons, to the Administrator and that meets the (i) Mail: Regional Administrator, c/o individual level, holding an ownership requirements of paragraph (i) of this Restricted Access Management Program, interest in the LLP license(s) assigned to section; and NMFS, P.O. Box 21668, Juneau, AK the rockfish cooperative and the (ii) That rockfish QS is derived from 99802–1668; percentage ownership each person and legal rockfish landings assigned to the (ii) Fax: 907–586–7354; or individual holds in the LLP license(s). catcher/processor sector. (iii) Hand Delivery or Carrier: NMFS, (C) Processor associates of the (4) Rockfish limited access fishery. (i) Room 713, 709 West 9th Street, Juneau, rockfish cooperative—(1) Identification. An eligible rockfish harvester may AK 99801. Full name, NMFS Person ID, Tax ID, assign rockfish QS to a rockfish limited (2) Forms. Forms are available facility name, ADF&G processor code, access fishery if that eligible rockfish through the internet on the NMFS SFP vessel name, ADF&G vessel harvester: Alaska Region website at http:// registration number, and USCG www.fakr.noaa.gov, or by contacting documentation number of vessel (if a (A) Assigns the rockfish QS associated NMFS at: 800–304–4846, Option 2. vessel), and Federal Processor Permit for with that LLP license to a limited access (3) Deadline. A completed application each processing facility or vessel. fishery on a complete application for the must be received by NMFS no later than (2) Processor ownership rockfish limited access fishery that is 1700 hours A.l.t. on March1 of the year documentation. Provide the names of all

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persons, to the individual person level, (B) Indicate (YES or NO) whether the individual level, holding an ownership holding an ownership interest in the applicant is an eligible rockfish interest in the LLP license and the processor and the percentage ownership harvester; percentage ownership each person and each person and individual holds in the individual holds in the LLP license; and processor. (C) Indicate (YES or NO) whether the (G) Signature and certification. The (D) Additional documentation. For applicant is participating in the rockfish applicant must sign and date the the cooperative application to be limited access fishery; application certifying that all considered complete, the following (D) Vessel identification. The name of information is true, correct, and documents must be attached to the the vessel, ADF&G vessel registration complete to the best of his/her application: number, USCG documentation number, knowledge and belief. If the application and LLP license number(s) held by the is completed by an designated (1) A copy of the business license applicant and used on that vessel in this representative, then explicit issued by the state in which the rockfish rockfish limited access fishery; authorization signed by the applicant cooperative is registered as a business (E) LLP holdership documentation. must accompany the application. entity; Provide the names of all persons, to the (ii) [Reserved] individual person level, holding an (7) Application for the rockifsh entry (2) A copy of the articles of ownership interest in the LLP license level fishery. A rockfish entry level incorporation or partnership agreement assigned to the rockfish limited access harvester who wishes to participate in of the rockfish cooperative; fishery and the percentage ownership the rockfish entry level fishery must (3) A copy of the rockfish cooperative each person and individual holds in the submit an application for the rockifsh agreement signed by the members of the LLP license; and entry level fishery. rockfish cooperative (if different from (F) Signature and certification. The (i) Contents of application for the the articles of incorporation or applicant must sign and date the entry level fishery. A completed partnership agreement of the rockfish application certifying that all application must contain the following cooperative) that includes terms that information is true, correct, and information: specify that: complete to the best of his/her (A) The applicant’s name, NMFS (i) Eligible rockfish processor knowledge and belief. If the application person ID (if applicable), tax ID or social affiliated harvesters cannot participate is completed by an designated security number (required), permanent in price setting negotiations except as representative, then explicit business mailing address, and business permitted by general antitrust law; and authorization signed by the applicant telephone number, fax number, and e- (ii) The rockfish cooperative must must accompany the application. establish a monitoring program mail address (if available); (ii) [Reserved] (B) Indicate (YES or NO) whether sufficient to ensure compliance with the (6) Application to opt–out. An eligible applicant is a U.S. citizen, U.S. Rockfish Program; and rockfish harvester who wishes to opt– corporation, partnership; association, or (E) Applicant signature and out of the Rockfish Program for a other business entity; if YES, enter the certification. The applicant must sign calendar year with an LLP license date of birth or date of incorporation; and date the application certifying that assigned rockfish QS in the catcher/ (C) For harvesters who are applying to all information is true, correct, and processor sector must submit an participate in the entry level fishery, complete to the best of his/her application to opt–out. enter the name, ADF&G vessel knowledge and belief. If the application (i) Contents of application to opt–out. registration number, and USCG is completed by an designated A completed application must contain documentation number of the vessel to representative, then explicit the following information: authorization signed by the applicant (A) Applicant identification. The be used in the entry level fishery, and must accompany the application. applicant’s name, NMFS person ID (if LLP license number(s) held by the (ii) Issuance of CQ. Issuance by NMFS applicable), tax ID or social security applicant and used on that vessel in the of a CQ permit is not a determination number, date of birth or date of rockfish entry level fishery; that the rockfish cooperative is formed incorporation, permanent business (D) Harvesters who are applying to or is operating in compliance with mailing address, business telephone participate in the entry level fishery antitrust law. number, fax number, and e-mail (if must attach a statement from an eligible (5) Application for the rockfish available); entry level processor that affirms that limited access fishery. An eligible the harvester has a market for any rockfish harvester who wishes to (B) Indicate (YES or NO) whether the rockfish delivered by that harvester in participate in the rockfish limited access applicant is an eligible rockfish the entry level fishery; and fishery for a calendar year must submit harvester; (E) The applicant must sign and date an application for the rockfish limited the application certifying that all access fishery. (C) Indicate (YES or NO) whether the information is true, correct, and (i) Contents of application for the applicant is opting-out of the Rockfish complete to the best of his/her rockfish limited access fishery. A Program; knowledge and belief. If the application completed application must contain the (D) Indicate (YES or NO) whether the is completed by an designated following information: applicant holds an LLP license with representative, then explicit (A) Applicant identification. The rockfish QS assigned to the catcher/ authorization signed by the applicant applicant’s name, NMFS person ID (if processor sector; must accompany the application. applicable), tax ID or social security (E) Vessel identification. The name of (ii) [Reserved] number, date of birth or date of the vessel, ADF&G vessel registration (f) Transfer applications. A rockfish incorporation, permanent business number, USCG documentation number, cooperative may transfer all or part of its mailing address, business telephone and LLP license number(s) held by the CQ to another rockfish cooperative. This number, fax number, and e-mail (if applicant and used on that vessel; transfer requires the submission of an available); (F) LLP holdership documentation. application for inter-cooperative transfer Provide the names of all persons, to the to NMFS.

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(1) Application for inter-cooperative complete to the best of his or her (5) Rockfish entry level fishery. An transfer. NMFS will notify the transferor knowledge and belief. Also enter the rockfish entry level harvester in the and transferee once the application has printed name of the rockfish cooperative rockfish entry level fishery may harvest been received and approved. A transfer transferee’s designated representative. groundfish species other than primary of CQ is not effective until approved by Explicit authorization for the designated rockfish species up to amounts of the NMFS. A completed transfer of CQ representative to act on behalf of the MRAs for those species as established in issued to a rockfish cooperative requires rockfish cooperatives must accompany Table 10 to this part. that the following information be the application. (6) Maximum retainable amounts provided to NMFS in the application for (2) [Reserved] (MRA). (i) The MRA for an incidental inter-cooperative transfer: (g) Transfer of processor eligibility. A catch species for vessels participating in (i) Identification of transferor. Enter person may not transfer eligibility to a rockfish cooperative, or a rockfish the name of the rockfish cooperative; receive and process under the Rockfish limited access fishery, is calculated as a NMFS Person ID; name of the rockfish Program to another person except: proportion of the total allocated primary cooperative’s designated representative; (1) As provided for under rockfish species on board the vessel in permanent business mailing address; § 679.80(c)(2)(ii); or round weight equivalents using the and business telephone number, fax (2) If an eligible rockfish processor retainable percentage in Table 30 to this number, and e-mail address (if transfers complete ownership of a part; except that: available) of the rockfish cooperative stationary floating processor or (ii) In the catcher vessel sector, designated representative. A temporary shoreside processing facility and all shortraker and rougheye rockfish are mailing address for each transaction processing history associated with that incidental catch species and are limited may also be provided. stationary floating processor or to an aggregate MRA of 2.0 percent of (ii) Identification of transferee. Enter shoreside processing facility to another the retained weight of all primary the name of the rockfish cooperative; person. rockfish species during that fishing trip. NMFS Person ID(s); name of rockfish (3) Limitation on use of processor (iii) Once the amount of shortraker cooperative’s designated representative; eligibility. Any person becoming an rockfish harvested in the catcher vessel permanent business mailing address; eligible rockfish processor by transfer sector is equal to 9.72 percent of the and business telephone number, fax may not receive fish harvested under shortraker rockfish TAC in the Central number, and e-mail address (if the Rockfish Program outside of the GOA regulatory area, then shortraker available) of the rockfish cooperative community listed by the original rockfish may not be retained by any designated representative. A temporary recipient of the processor eligibility in participant in the catcher vessel sector. mailing address for each transaction the application to participate in the (iv) In the rockfish limited access may also be provided. Rockfish Program under fishery for the catcher/processor sector, (iii) Identification of rockfish § 679.80(e)(4)(ii)(C). shortraker and rougheye rockfish are cooperative member. Enter the name incidental catch species and are limited and NMFS Person ID of the member(s) (4) Non-severability of processor to an aggregate MRA of 2.0 percent of to whose use cap the rockfish eligibility. An eligible rockfish processor the retained weight of all primary cooperative CQ will be applied, and the permit may not be divided or rockfish species during that fishing trip. amount of CQ applied to each member suballocated. (v) Once the amount of shortraker for purposes of applying use caps rockfish harvested in the catcher/ established under the Rockfish Program (h) Maximum retainable amount processor sector is equal to 30.03 under § 679.82(a). (MRA) limits—(1) Rockfish cooperative. percent of the shortraker rockfish TAC (iv) CQ to be transferred. Identify the A vessel assigned to a rockfish in the Central GOA regulatory area, then type and amount of Primary species, cooperative and fishing under a CQ shortraker rockfish may not be retained secondary species, or rockfish halibut permit may harvest groundfish species in the rockfish limited access fishery in PSC CQ to be transferred. not allocated as CQ up to the amounts the catcher/processor sector. (v) Certification of transferor. The of the MRAs for those species as (vi) Once the amount of rougheye rockfish cooperative transferor’s established in Table 30 to this part. rockfish harvested in the catcher/ designated representative and the (2) Catcher/processor sector rockfish processor sector is equal to 58.87 eligible rockfish processor with whom limited access fishery. An eligible percent of the rougheye rockfish TAC in that rockfish cooperative in the catcher rockfish harvester in the catcher/ the Central GOA regulatory area, then vessel sector is associated must sign and processor rockfish limited access fishery rougheye rockfish may not be retained date the application certifying that all may harvest groundfish species other in the rockfish limited access fishery in information is true, correct, and than primary rockfish species up to the the catcher/processor sector. complete to the best of his or her amounts of the MRAs for those species (i) Rockfish cooperative—(1) General. knowledge and belief. Also enter the as established in Table 30 to this part. This section governs the formation and printed name of the rockfish cooperative (3) Catcher vessel sector rockfish operation of rockfish cooperatives. The transferor’s designated representative. limited access fishery. An eligible regulations in this section apply only to Explicit authorization for the designated rockfish harvester in the catcher vessel rockfish cooperatives that have formed representative to act on behalf of the rockfish limited access fishery may for the purpose of applying for and rockfish cooperatives must accompany harvest groundfish species other than fishing with CQ issued annually by the application. primary rockfish species up to the NMFS. Members of rockfish (vi) Certification of transferee. The amounts of the MRAs for those species cooperatives should consult legal rockfish cooperative transferee’s as established in Table 30 to this part. counsel before commencing any activity designated representative and the (4) Opt–out fishery. An eligible if the members are uncertain about the eligible rockfish processor with whom rockfish harvester in the opt–out fishery legality under the antitrust laws of the that rockfish cooperative in the catcher may harvest groundfish species other rockfish cooperative’s proposed vessel sector is associated must sign and than primary rockfish species up to the conduct. Membership in a rockfish date the application certifying that all amounts of the MRAs for those species cooperative is voluntary. No person may information is true, correct, and as established in Table 10 to this part. be required to join a rockfish

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cooperative. Upon receipt of written and (f), for that calendar year. If a point for NMFS for questions regarding notification that a person is eligible and person becomes the holder of an LLP the operation of the rockfish wants to join a rockfish cooperative, that license that has been assigned to a cooperative. The designated rockfish cooperative must allow that rockfish cooperative, then that person representative must be an individual, person to join subject to the terms and may join that rockfish cooperative upon and may be a member of the rockfish agreements that apply to the members of receipt of that LLP license. cooperative, or some other individual the cooperative as established in the (2) Legal and organizational designated by the rockfish cooperative; contract governing the conduct of the requirements. A rockfish cooperative (iii) Each rockfish cooperative must rockfish cooperative. Members may must meet the following legal and submit a complete and timely leave a rockfish cooperative, but any CQ organizational requirements before it is application for CQ; contributed by the rockfish QS held by eligible to receive CQ: (iv) Each rockfish cooperative must that member remains assigned to that (i) Each rockfish cooperative must be meet the mandatory requirements rockfish cooperative for the remainder formed as a partnership, corporation, or established in paragraphs (i)(3) and (4) of the calendar year. An LLP license or other legal business entity that is of this section applicable to that vessel that has been assigned to a registered under the laws of one of the rockfish cooperative. rockfish cooperative in the catcher/ 50 states or the District of Columbia; (3) Mandatory requirements. The processor sector that leaves a rockfish (ii) Each rockfish cooperative must following table describes the cooperative continues to be subject to appoint an individual as designated requirements to form a rockfish the sideboard limits established for that representative to act on the rockfish cooperative in the catcher vessel or rockfish cooperative under § 679.82(d) cooperative’s behalf and serve as contact catcher/processor sector.

Requirement Catcher Vessel Sector Catcher/Processor Vessel Sector

(i) Who may join a rockfish cooperative? Only persons who are eligible rockfish harvesters may join a rockfish cooperative. Persons who are not eligible rockfish harvesters may be employed by, or serve as the designated represent- ative of a rockfish cooperative, but are not members of the rockfish cooperative.

(ii) What is the minimum number of LLP li- No minimum requirement. 2 LLP licenses assigned rockfish QS in the censes that must be assigned to form a catcher/processor sector. These licenses can rockfish cooperative? be held by one or more persons.

(iii) Is an association with an eligible rock- Yes. An eligible rockfish harvester may only be No fish processor required? a member of a rockfish cooperative formed in association with an eligible rockfish processor to which the harvester made the plurality of legal rockfish landings assigned to the LLP li- cense(s) during the applicable processor quali- fying period chosen by an eligible rockfish processor in the application to participate in the Rockfish Program.

(iv) What if an eligible rockfish harvester That eligible rockfish harvester can assign that N/A did not deliver any legal rockfish landings LLP license to any rockfish cooperative. assigned to an LLP license to an eligible rockfish processor during a processor qualifying period?

(v) What is the processor qualifying pe- The processor qualifying period is the four of N/A riod? five years from 1996 through 2000 that are used to establish the legal rockfish landings that are considered for purposes of estab- lishing an association with an eligible rockfish processor. Each eligible rockfish processor will select a processor qualifying period in the ap- plication to participate in the Rockfish Program. An eligible rockfish harvester that has acquired the processing history of a shoreside processor or stationary floating processor under the provi- sions of § 679.80(c)(2)(ii) must select only one processor qualifying period that is applicable to the aggregated processing history held by that eligible rockfish processor. The processor qualifying period may not be changed once se- lected for that eligible rockfish processor, in- cluding upon transfer of processor eligibility. The same processor qualifying period will be used for all LLP licenses to determine the legal rockfish landings that are considered for pur- poses of eligible rockfish harvesters estab- lishing an association with an eligible rockfish processor.

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Requirement Catcher Vessel Sector Catcher/Processor Vessel Sector

(vi) Is there a minimum amount of rockfish Yes. A rockfish cooperative must be assigned No QS that must be assigned to a rockfish co- rockfish QS that represents at least 75 percent operative for it to be allowed to form? of all the legal rockfish landings that yields Rockfish QS of primary rockfish species deliv- ered to that eligible rockfish processor during the four years selected by that processor.

(vii) What is allocated to the rockfish coop- CQ for primary rockfish species, secondary species, and rockfish halibut PSC, based on the erative? rockfish QS assigned to all of the LLP licenses that are assigned to the cooperative.

(viii) Is this CQ an exclusive harvest privi- Yes, the members of the rockfish cooperative have an exclusive harvest privilege to collectively lege? catch this CQ, or a cooperative can transfer all or a portion of this CQ to another rockfish co- operative.

(ix) Is there a season during which des- Yes, any vessel designated to catch CQ for a rockfish cooperative is limited to catching CQ dur- ignated vessels must catch CQ? ing the season beginning on 1200 hours, A.l.t. on May 1 through 1200 hours A.l.t. on Novem- ber 15.

(x) Can any vessel catch a rockfish co- No, only vessels that are named on the application for CQ for that rockfish cooperative can catch operative’s CQ? the CQ assigned to that rockfish cooperative. A vessel may be assigned to only one rockfish cooperative in a calendar year.

(xi) Can the member of a rockfish coopera- No, only the rockfish cooperative’s designated representative, and not individual members, may tive transfer CQ individually without the ap- transfer its CQ to another rockfish cooperative, but only if that transfer is approved by NMFS proval of the other members of the rockfish as established under paragraph (i) of this section. cooperative?

(xii) Can a rockfish cooperative in the N/A No, sideboard limits assigned to a rockfish co- catcher/processor sector transfer its operative in the catcher/processor sector is a sideboard limit? limit applicable to a specific rockfish coopera- tive, and may not be transferred between rock- fish cooperatives.

(xiii) Is there a hired master requirement? No, there is no hired master requirement. N/A

(xiv) Can an LLP license be assigned to No. An LLP license can only be assigned to one rockfish cooperative in a calendar year. An eli- more than one rockfish cooperative in a gible rockfish harvester holding multiple LLP licenses may assign different LLP licenses to dif- calendar year? ferent rockfish cooperatives subject to any other restrictions that may apply.

(xv) Can an eligible rockfish processor be An eligible rockfish processor can only asso- N/A associated with more than one rockfish co- ciate with one rockfish cooperative per year at operative? each shoreside processor or stationary floating processor owned by that eligible rockfish proc- essor. An eligible rockfish processor who holds more than one processing history based on a transfer of processing history under the provi- sions of § 679.80(c)(2)(ii) would be issued a single eligible rockfish processor permit that aggregates the processing history held by that eligible rockfish processor. That eligible rock- fish processor may form an association with a rockfish cooperative with the eligible rockfish harvesters eligible to form a rockfish coopera- tive based on the aggregated processing his- tory of that eligible rockfish processor and may receive rockfish delivered by that rockfish co- operative at a shoreside processor or sta- tionary floating processor owned by that eligi- ble rockfish processor subject to any other re- strictions that may apply.

(xvi) Can an LLP license be assigned to a No. Once an LLP license is assigned to a rockfish cooperative, any rockfish QS assigned to that rockfish cooperative and the rockfish lim- LLP license yields CQ for that rockfish cooperative for the calendar year. An LLP license may ited access fishery or opt-out fishery? only be assigned to one Rockfish Program fishery in a calendar year.

(xvii) Which members may harvest the That is determined by the rockfish cooperative contract signed by its members. Any violations of rockfish cooperative’s CQ? this contract by one cooperative member may be subject to civil claims by other members of the rockfish cooperative.

(xviii) Does a rockfish cooperative need a Yes, a rockfish cooperative must have a membership agreement or contract that specifies how contract? the rockfish cooperative intends to harvest its CQ. A copy of this agreement or contract must be submitted with the application for CQ.

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Requirement Catcher Vessel Sector Catcher/Processor Vessel Sector

(xix) What happens if the rockfish coopera- A rockfish cooperative is not authorized to catch fish in excess of its CQ. Exceeding a CQ is a tive exceeds its CQ amount? violation of the regulations. Each member of the rockfish cooperative is jointly and severally liable for any violations of the Rockfish Program regulations while fishing under authority of a CQ permit. This liability extends to any persons who are hired to catch or receive CQ assigned to a rockfish cooperative. Each member of a rockfish cooperative is responsible for ensuring that all members of the rockfish cooperative comply with all regulations applicable to fishing under the Rockfish Program.

(xx) Is there a limit on how much CQ a Yes, generally, a rockfish cooperative may not No, but a catcher/processor vessel is still sub- rockfish cooperative may hold or use? hold or use more than 30 percent of the aggre- ject to any vessel use caps that may apply. gate primary rockfish species CQ assigned to See § 679.82(a) for the use cap provisions that the catcher vessel sector for that calendar apply. year. See § 679.82(a) for the provisions that apply.

(xxi) Is there a limit on how much CQ a No. However, a vessel may not catch more CQ Yes, generally, no vessel may harvest more vessel may harvest? than the CQ assigned to that rockfish coopera- than 60 percent of the aggregate primary rock- tive for which it is authorized to fish. fish species TAC assigned to the catcher/proc- essor sector for that calendar year, unless ex- empt from this restriction. See § 679.82(a) for the provisions that apply.

(xxii) If my vessel is fishing in a directed (A) Any vessel authorized to harvest the CQ assigned to a rockfish cooperative must count any flatfish fishery in the Central GOA and I catch of primary rockfish species, secondary species, or rockfish halibut PSC against that catch groundfish and halibut PSC, does rockfish cooperative’s CQ from May 1 until November 15, or until the effective date of a rock- that count against the rockfish coopera- fish cooperative termination of fishing declaration that has been approved by NMFS. tive’s CQ? (B) Groundfish harvests would not be debited against the rockfish cooperative’s CQ if the vessel is not authorized to harvest CQ. In this case, any catch of halibut would be attributed to the halibut PSC limit for that directed target fishery and gear type.

(xxiii) Can my rockfish cooperative nego- The rockfish cooperatives formed under the Rockfish Program are intended to conduct and co- tiate prices for me? ordinate harvest activities for their members. Rockfish cooperatives formed under the Rockfish Program are subject to existing antitrust laws. Collective price negotiation by a rockfish cooper- ative must be conducted in accordance with existing antitrust laws.

(xxiv) Are there any special reporting re- Yes, each year a rockfish cooperative must submit an annual rockfish cooperative report to quirements? NMFS by December 15 of each year. The annual rockfish cooperative report may be made available to NMFS by mailing a copy to NMFS: Regional Administrator, P.O. Box 21668, Ju- neau, AK, 99802.

(xxv) What is required in the annual rock- The annual rockfish cooperative report must include at a minimum: fish cooperative report? (A) The rockfish cooperative’s CQ, sideboard limit (if applicable), and any rockfish sideboard fish- ery harvests made by the vessels in the rockfish cooperative on a vessel-by-vessel basis; (B) The rockfish cooperative’s actual retained and discarded catch of CQ, and sideboard limit on an area-by-area and vessel-by-vessel basis; (C) A description of the method used by the rockfish cooperative to monitor fisheries in which rockfish cooperative vessels participated; (D) A description of any civil actions taken by the rockfish cooperative in response to any mem- bers that exceeded their allowed catch. (4) Additional mandatory that eligible rockfish processor during requirements—(i) Calculation of the four calendar years selected by that (B) A rockfish cooperative may only minimum legal rockfish landings for eligible rockfish processor for the receive CQ from another rockfish forming a rockfish cooperative. If an purposes of establishing the rockfish cooperative; eligible rockfish harvester holds an LLP cooperative. license with rockfish QS for the catcher vessel sector that does not have any (ii) Restrictions on fishing CQ (C) A rockfish cooperative in the legal rockfish landings associated with assigned to a rockfish cooperative. A catcher vessel sector may not transfer an eligible rockfish processor from person fishing CQ assigned to a rockfish any CQ to a rockfish cooperative in the January 1, 1996, through December 31, cooperative must maintain a copy of the catcher/processor sector; 2000, during the fishery seasons CQ permit onboard any vessel that is (D) A rockfish cooperative receiving established in Table 28 to this part, that being used to harvest any primary primary rockfish species CQ by transfer eligible rockfish harvester may join any rockfish species, or secondary species, must assign that primary rockfish rockfish cooperative with that LLP or that uses any rockfish halibut PSC. species CQ to a member(s) of the license. Any such eligible rockfish (iii) Transfer of CQ between rockfish rockfish cooperative for the purposes of harvester that joins a rockfish cooperatives. Rockfish cooperatives may applying the use caps established under cooperative may not be considered as transfer CQ during a calendar year with § 679.82(a). Secondary species or contributing an amount of Rockfish QS the following restrictions: halibut PSC CQ is not assigned to a necessary to meet a minimum of 75 (A) A rockfish cooperative may only specific member of a rockfish percent of the legal rockfish landings transfer CQ to another rockfish cooperative; that yielded Rockfish QS delivered to cooperative;

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(E) A rockfish cooperative may not § 679.82 Rockfish Program use caps and harvesting CQ in the catcher/processor transfer any sideboard limit assigned to sideboard limits. sector may not harvest an amount of CQ it; and (a) Use caps—(1) General. Use caps that is greater than the amount derived (F) A rockfish cooperative may not limit the amount of rockfish QS and CQ from 60.0 percent of the aggregate receive any CQ by transfer after NMFS of primary rockfish species that may be rockfish QS initially assigned to the has approved a rockfish cooperative held or used by an eligible rockfish catcher/processor sector; unless: termination of fishing declaration that harvester, and the amount of primary (ii) the CQ harvested by a vessel is not was submitted by that rockfish rockfish species TAC that may be greater than the amount of CQ derived cooperative. received, by an eligible rockfish from the rockfish QS assigned to the processor. Use caps do not apply to LLP licence(s) that was used on that secondary species or halibut PSC CQ. vessel prior to June 6, 2005; and (5) Use of CQ. (i) A rockfish Use caps may not be exceeded unless (iii) This amount is greater than the cooperative in the catcher vessel sector the entity subject to the use cap is CQ use cap for a vessel in the catcher/ may not use a primary rockfish species specifically allowed to exceed a cap processor sector. CQ in excess of the amounts specified according to the criteria established (5) Primary rockfish species use cap in § 679.82(a). under this paragraph (a) or by an for eligible rockfish processors. (i) An (ii) Rockfish cooperative primary operation of law. There are three types eligible rockfish processor may not rockfish species CQ transferred to of use caps: person use caps; vessel use receive or process in excess of 30.0 another rockfish cooperative will apply caps; and processor use caps. Person use percent of the aggregate primary to the use caps of a named member(s) caps limit the maximum amount of rockfish species TAC, including CQ, of the rockfish cooperative receiving the aggregate rockfish QS a person may hold assigned to the catcher vessel sector CQ, as specified in the transfer and the maximum amount of aggregate unless that eligible rockfish processor is application. primary rockfish species CQ that a receiving or processing an amount of person may hold or use. Person use caps aggregate primary rockfish species TAC (A) Each pound of CQ must be apply to eligible rockfish harvesters and that is not greater than the sum of the assigned to a member of the rockfish rockfish cooperatives. Vessel use caps aggregate rockfish CQ derived from the cooperative receiving the CQ for limit the maximum amount of aggregate amount of Rockfish QS initially purposes of use cap calculations. No primary rockfish species CQ that a assigned to those eligible rockfish member of a rockfish cooperative may vessel operating as a catcher/processor harvesters eligible to form a rockfish exceed the CQ use cap applicable to that may harvest. Processor use caps limit cooperative in association with that member. the maximum amount of aggregate eligible rockfish processor. (ii) The amount of aggregate primary (B) For purposes of CQ use cap primary rockfish species that may be rockfish species TAC that is received by calculation, the total amount of CQ held received or processed by an eligible an eligible rockfish processor is or used by a person is equal to all tons rockfish processor. All rockfish QS use calculated based on the sum of all of CQ derived from the Rockfish QS caps are based on the aggregate primary aggregate primary rockfish species TAC, held by that person and assigned to the rockfish species initial rockfish QS pool including CQ, received or processed by rockfish cooperative and all tons of CQ established by NMFS. that eligible rockfish processor and the assigned to that person by the rockfish (2) Eligible rockfish harvester use cap. aggregate primary rockfish species TAC cooperative from approved transfers. An eligible rockfish harvester may not individually or collectively hold or use received or processed by any person in (C) The amount of rockfish QS held more than: which that eligible rockfish processor by a person, and CQ derived from that (i) Five (5.0) percent of the aggregate has a ‘‘Ten percent or greater direct or rockfish QS is calculated using the rockfish QS initially assigned to the indirect ownership interest for purposes individual and collective use cap rule catcher vessel sector and resulting CQ of the Rockfish Program’’ as that term is established in § 679.82(a). unless that eligible rockfish harvester defined in § 679.2. (6) Successors-in-interest. If a member qualifies for an exemption to this use (6) Use cap exemptions—(i) Rockfish of a rockfish cooperative dies (in the cap under paragraph (a)(6) of this QS. An eligible rockfish harvester may case of an individual) or dissolves (in section; receive an initial allocation of aggregate the case of a business entity), the LLP rockfish QS in excess of the use cap in license(s) and associated rockfish QS (ii) Twenty (20.0) percent of the that sector only if that rockfish QS is held by that person will be transferred aggregate rockfish QS initially assigned assigned to LLP license(s) held by that to the legal successor-in-interest under to the catcher/processor sector and eligible rockfish harvester prior to June the procedures described at resulting CQ unless that eligible 6, 2005, and at the time of application § 679.4(k)(6)(iv)(A). However, the CQ rockfish harvester qualifies for an to participate in the Rockfish Program. derived from that rockfish QS and exemption to this use cap under (ii) Transfer limitations. (A) An assigned to the rockfish cooperative for paragraph (a)(6) of this section. eligible rockfish harvester that receives that year from that person remains (3) CQ use cap for rockfish an initial allocation of aggregate rockfish under the control of the rockfish cooperatives in the catcher vessel sector. QS that exceeds the use cap listed in cooperative for the duration of that A rockfish cooperative may not hold or paragraph (a)(2) of this section shall not calendar year. Each rockfish cooperative use an amount of CQ that is greater than receive any rockfish QS by transfer is free to establish its own internal the amount derived from 30.0 percent of unless and until that person’s holdings procedures for admitting a successor-in- the aggregate rockfish QS initially of aggregate rockfish QS in that sector interest during the fishing season to assigned to the catcher vessel sector are reduced to an amount below the use reflect the transfer of an LLP license and unless the sum of the aggregate rockfish cap specified in paragraph (a)(2) of this associated rockfish QS, or the transfer of QS held by the eligible members of that section. the processor eligibility due to the death rockfish cooperative prior to June 6, (B) If an eligible rockfish harvester or dissolution of a rockfish cooperative 2005 exceeds this use cap. receives an initial allocation of aggregate member or associated eligible rockfish (4) CQ use cap for a vessel in the rockfish QS that exceeds the use cap processor. catcher/processor sector. (i) A vessel listed in paragraph (a)(2) of this section,

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and that eligible rockfish harvester (5) Rockfish halibut PSC allocations. together with any documentation or transfers rockfish QS to another person, Halibut caught by vessels in the rockfish evidence supporting the request within and the amount of aggregate rockfish QS limited access fishery shall be 30 days of being notified by NMFS of held by that eligible rockfish harvester accounted against the halibut PSC the sideboard limitation. If NMFS finds after the transfer is greater than the use allocation to the deep water species the claim is unsupported, the claim will cap established in paragraph (a)(2) of fishery complex for trawl gear for that be denied in an Initial Administrative this section, that eligible rockfish seasonal apportionment. If the halibut Determination (IAD). The affected harvester may not hold more than the PSC limit in the deep water fishery persons may appeal this IAD using the amount of aggregate rockfish QS complex has been reached or exceeded procedures described at § 679.43. remaining after the transfer. for that seasonal apportionment, the (3) Classes of sideboard restrictions. (C) An eligible rockfish harvester that rockfish limited access fishery will be There are several types of sideboard receives an initial allocation of aggregate closed until deep water species fishery restrictions that apply under the rockfish QS that exceeds the use cap complex halibut PSC is available for Rockfish Program: listed in paragraph (a)(2) of this section that sector. (i) General sideboard restrictions as may not receive any rockfish QS by (6) Opening of the rockfish limited described under this paragraph (d); transfer or have any CQ attributed to access fishery. The Regional (ii) Catcher vessel sideboard that eligible rockfish harvester by a Administrator maintains the authority restrictions as described under rockfish cooperative unless and until to not open a rockfish limited access paragraph (e) of this section; that person’s holdings of aggregate fishery if he deems it appropriate for (iii) Catcher/processor rockfish rockfish QS in that sector are reduced to conservation or other management cooperative sideboard restrictions as an amount below the use cap specified measures. Factors such as the total described under paragraph (f) of this in paragraph (a)(2) of this section. allocation, anticipated harvest rates, and section; (iii) CQ. A rockfish cooperative may number of participants will be use CQ in excess of the use cap in that considered in making any such (iv) Catcher/processor limited access sector only if that CQ is derived from decision. sideboard restrictions as described the rockfish QS assigned to an LLP under paragraph (g) of this section; and license that was held by an eligible (c) Opt–out fishery. An eligible (v) Catcher/processor opt–out rockfish harvester prior to June 6, 2005 rockfish harvester who holds an LLP sideboard restrictions as described and that eligible rockfish harvester is license and who submits an application under paragraph (h) of this section. eligible to join that cooperative. to opt–out with that LLP licence that is (4) General sideboard restrictions. (b) Rockfish limited access fishery— subsequently approved by NMFS may General sideboard restrictions apply to (1) General. (i) An eligible rockfish not fish for that fishing year in any fishing activities during July 1 through harvester may use an LLP license and directed fishery for any primary rockfish July 31 of each year in each fishery as assigned rockfish QS in the appropriate species in the Central GOA and adjacent follows: rockfish limited access fishery only if: waters open by the State of Alaska for (i) Directed fishing for Pacific ocean (A) That person submitted a complete which it adopts the applicable Federal perch, pelagic shelf rockfish, and and timely application for the rockfish fishing season for that species with any northern rockfish in the regulatory area limited access fishery that is approved vessel named on that LLP license. of the Western GOA and adjacent waters by NMFS; or (d) Sideboard limitations—General. open by the State of Alaska for which (B) That LLP is not assigned to a The regulations in this section restrict it adopts a Federal fishing season; rockfish cooperative for that calendar the holders of LLP licenses eligible to (ii) Directed fishing for Pacific ocean year, and that person has not submitted receive rockfish QS from using the perch, pelagic shelf rockfish, and a complete and timely application to increased flexibility provided by the northern rockfish in the Western opt–out of the Rockfish Program that is Rockfish Program to expand their level Yakutat District and adjacent waters approved by NMFS. of participation in other groundfish open by the State of Alaska for which (ii) [Reserved] fisheries. These limitations are it adopts a Federal fishing season; (2) Limited access fishery sectors. (i) commonly known as ‘‘sideboards.’’ (iii) Directed fishing for the following If an LLP license with rockfish QS in the (1) Notification of affected vessel species in the West Yakutat District, catcher vessel sector is assigned to a owners and LLP license holders. After Central GOA, and Western GOA and limited access fishery, it is assigned to NMFS determines which vessels and adjacent waters open by the State of the catcher vessel rockfish limited LLP licenses meet the criteria described Alaska for which it adopts the access fishery. in paragraphs (d) through (h) of this applicable Federal fishing season for (ii) If an LLP license with a rockfish section, NMFS will inform each vessel that species based on the use of halibut QS in the catcher/processor sector is owner and LLP license holder in writing PSC: assigned a limited access fishery, it is of the type of sideboard limitation and (A) Rex sole; assigned to the catcher/processor issue a revised Federal Fisheries Permit (B) Deep water flatfish; rockfish limited access fishery. and/or LLP license that displays the (C) Arrowtooth flounder; (3) Primary rockfish species harvest limitation on the face of the permit or (D) Shallow water flatfish; limit. All vessels that are participating LLP license. (E) Flathead sole; and in a rockfish limited access fishery may (2) Appeals. A vessel owner or LLP (iv) Directed fishing by a vessel in the harvest an amount of primary rockfish license holder who believes that NMFS catcher vessel sector for Pacific cod in species not greater than the TAC has incorrectly identified his or her the BSAI and adjacent waters open by assigned to that primary rockfish vessel or LLP license as meeting the the State of Alaska for which it adopts species for the rockfish limited access criteria for a sideboard limitation may a Federal fishing season. fishery in that sector. make a contrary claim and provide (5) Vessels and LLP licenses subject to (4) Secondary species allocations. evidence to NMFS. All claims must be general and halibut PSC sideboard Secondary species shall be managed submitted in writing to the RAM limitations. (i) The sideboard fishing based on an MRA as established under Program, Alaska Region, NMFS, P.O. limitations described in paragraph (d) of Table 30 to this part. Box 21668, Juneau, AK 99802–1668, this section apply both to the fishing

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vessel itself and to any LLP license meets one of the following criteria is (iii) Any AFA vessel that is not derived in whole or in part from the subject to groundfish directed fishing exempt from GOA groundfish history of that vessel. The sideboard sideboard limits and halibut PSC sideboards under the AFA as specified limitations apply to any vessel named sideboard limits issued under this under § 679.63(b)(1)(i)(B) is exempt on that LLP license. These sideboard paragraph (d): from the sideboard limits in this restrictions apply even if an LLP license (A) Any vessel whose legal rockfish paragraph (d). holder did not submit an application to landings could generate rockfish QS; participate in the Rockfish Program but (B) Any LLP license under whose (6) Determination of general that LLP license is otherwise eligible to authority legal rockfish landings were sideboard ratios. (i) Separate sideboard receive rockfish QS under the Rockfish made; ratios for each rockfish sideboard Program based on legal rockfish fishery are established for the catcher landings. (C) Any vessel named on an LLP vessel and the catcher/processor sectors. license that was generated in whole or The general sideboard ratio for each (ii) Except as described in paragraph in part by the legal rockfish landings of fishery is determined according to the (d)(5)(iii) of this section, the owner of a vessel meeting the criteria in following table: any vessel that NMFS has determined paragraph (d)(5)(ii)(B) of this section.

For the Management Area of The Sideboard Limit for the The Sideboard Limit for the the... In the directed fishery for... Catcher/Processor Sector is... Catcher Vessel Sector is...

West Yakutat District Pelagic Shelf Rockfish 72.4 percent of the TAC 1.7 percent of the TAC

Pacific ocean perch 76.0 percent of the TAC 2.9 percent of the TAC

Western GOA Pelagic Shelf Rockfish 63.3 percent of the TAC 0.0 percent of the TAC

Pacific ocean perch 61.1 percent of the TAC (Not released due to confiden- tiality requirements on fish ticket data established by the State of Alaska).

Northern Rockfish 78.9 percent fo the TAC 0.0 percent of the TAC

BSAI Pacific cod N/A 0.0 percent of the TAC

(ii) Each rockfish cooperative in the a rockfish cooperative in the catcher/ the annual the annual catcher/processor sector will be processor sector may be fished only by Deep-water Shallow- assigned a sideboard limit for that that rockfish cooperative to which it is water com- For the fol- complex hal- plex halibut rockfish cooperative as a percentage of assigned. lowing Sec- ibut PSC tor... Sideboard PSC the general sideboard ratio for that (B) If the Regional Administrator Sideboard fishery. Limit in the Limit in the determines that a sideboard limit is GOA is... GOA is... insufficient to support a directed fishing (iii) The sideboard ratios that are allowance for that species or species Catcher/ 3.99 percent 0.54 percent applicable for each general sideboarded group, then the Regional Administrator Processor of the GOA of the GOA fishery for a rockfish cooperative in the may set the directed fishing allowance Sector annual hal- annual hal- catcher/processor sector are calculated to zero for that species or species group ibut mortality ibut mortality by dividing the aggregate retained catch limit limit for that sector or rockfish cooperative, as of that fishery, from July 1 through July 31 in each year from 1996 through 2002, applicable. Catcher Ves- 1.08 percent 6.32 percent caught by LLP licenses assigned to that (ii) Directed fishing closures. Upon sel Sector of the GOA of the GOA rockfish cooperative that are subject to attainment of a general directed fishing annual hal- annual hal- ibut mortality ibut mortality directed fishing closures under this sideboard limit, the Regional limit limit paragraph (d), by the total retained catch Administrator will publish notification from July 1 through July 31 in each year in the Federal Register prohibiting from 1996 through 2002 caught by all directed fishing for the species or (ii) Each rockfish cooperative in the groundfish vessels in that sector. species group in the specified sector, catcher/processor sector will be (7) Management of annual sideboard regulatory area, or district. assigned a percentage of each halibut limits—(i) Sideboard directed fishing PSC sideboard limit established under (8) Determination of halibut PSC paragraph (d)(8) of this section based on allowance. (A) If the Regional sideboard ratios. (i) Sideboards for Administrator determines that an the following calculation: halibut PSC are established for the annual sideboard limit for a general (A) The aggregate halibut PSC used in catcher vessel and the catcher/processor rockfish sideboard fishery has been or the deep-water complex from July 1 sectors separately. Sideboard limits for will be reached, the Regional through July 31 in each year from 1996 halibut PSC are calculated for each Administrator may establish a directed through 2002 by LLP licenses assigned fishing allowance for the species or rockfish cooperative in the catcher/ to that rockfish cooperative that are species group applicable only to the processor sector separately. The halibut subject to directed fishing closures group of vessels to which the general PSC sideboard limit for each sector is under this paragraph (d), except primary sideboard limit applies. A directed established according to the following rockfish fisheries in the Central GOA, fishing allowance that is established for table:

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divided by 3.99 percent of the GOA sector is reached, then NMFS will close following additional sideboard limits annual halibut mortality limit; and directed fishing in that management under this paragraph (f) apply to (B) The aggregate halibut PSC used in area for: catcher/processor vessels and LLP the shallow-water complex from July 1 (1) Flathead sole; and licenses that are assigned to a rockfish through July 31 in each year from 1996 (2) Shallow water flatfish. cooperative in the catcher/processor through 2002 by LLP licenses assigned (B) If the deep-water halibut PSC sector during a calendar year. to that rockfish cooperative that are sideboard limit is reached for a sector or (2) Vessels subject to rockfish subject to directed fishing closures rockfish cooperative in the catcher/ cooperative sideboard provisions. Any under this paragraph (d), divided by processor sector, then NMFS will close vessel that NMFS has determined meets 0.54 percent fo the GOA annual halibut directed fishing in that management any of the following criteria is subject to mortality limit. area for: groundfish sideboard directed fishing (C) Catcher/processor sector (1) Rex sole; closures issued under this paragraph (f): participants that are not in a rockfish (2) Deep water flatfish; and (i) Any catcher/processor vessel cooperative will receive the aggregate (3) Arrowtooth flounder. whose legal rockfish landings has been portion of the deep water halibut PSC (iii) Halibut PSC accounting. Any used to qualify for the Rockfish Program sideboard limit and shallow-water halibut mortality occurring under a CQ and the vessel named on that LLP halibut PSC sideboard limit not permit or in a rockfish limited access license is assigned to a rockfish assigned to rockfish cooperatives. fishery will not apply against the cooperative; (9) Management of halibut PSC halibut PSC sideboard limits established sideboard limits—(i) Halibut PSC paragraph (d)(8) of this sector. (ii) Any catcher/processor vessel sideboard limits. The resulting halibut (e) Sideboard provisions for catcher named on an LLP license under which PSC sideboard limits established under vessels—(1) General. In addition to the catch history has been used to qualify this paragraph (d) will be published in sideboard provisions that apply under that LLP license for the Rockfish the annual GOA groundfish harvest paragraph (d) of this section, except as Program and that LLP license is used in specification notice and expressed in described in paragraph (d)(5)(iii) of this a rockfish cooperative; or metric tons. section, the following additional (A) If the Regional Administrator (iii) Any catcher/processor vessel that sideboards apply to catcher vessels. has been designated in an application determines that a halibut PSC sideboard (2) Catcher vessels subject to catcher for CQ. limit is sufficient to support a directed vessel sideboard limits. Any catcher (3) Prohibition from fishing in BSAI fishery for groundfish specified under vessel that NMFS has determined meets groundfish fisheries. A vessel subject to paragraph (d)(4)(iii) of this section for a any of the following criteria is subject to a rockfish cooperative sideboard particular sector, then the Regional the provisions under this paragraph (e): provision under this paragraph (f) may Administrator may establish a halibut (i) Any catcher vessel whose legal not participate in directed groundfish PSC sideboard limit for the species rockfish landings could be used to fisheries in the BSAI and adjacent complex applicable only to the group of generate rockfish QS for the catcher waters open by the State of Alaska for vessels in that sector to which the vessel sector in the Rockfish Program; halibut PSC sideboard limit applies. A (ii) Any catcher vessel named on an which it adopts the applicable Federal halibut PSC sideboard limit that is LLP license under which catch history fishing season for that species between established for a rockfish cooperative in could be used to qualify that LLP July 1 and July 14 except for sablefish the catcher/processor sector may be license for eligibility in the Rockfish harvested under the IFQ Program and fished only by that rockfish cooperative Program; or pollock. in the catcher/processor sector to which (iii) Any catcher vessel named on an it is assigned. LLP license that was generated in whole (4) Prohibitions for fishing in GOA (B) If the Regional Administrator or in part by the legal rockfish landings groundfish fisheries. A vessel subject to determines that a halibut PSC sideboard of a catcher vessel. a rockfish cooperative sideboard limit is insufficient to support a directed (3) Prohibition for directed fishing in provision under this paragraph (f) may fishery for a groundfish fishery specified BSAI groundfish fisheries during July. not participate in any directed under paragraph (d)(4)(iii) of this Vessels subject to the provisions of this groundfish fishery the GOA and section for a particular sector then the paragraph (e) may not participate in adjacent waters open by the State of Regional Administrator may close directed fishing in the BSAI and Alaska for which it adopts the directed fishing by that sector or adjacent waters open by the State of applicable Federal fishing season for rockfish cooperative in the catcher/ Alaska for which it adopts the that species except sablefish harvested processor sector. applicable Federal fishing season for under the IFQ Program and groundfish (ii) Directed fishing closures. Upon that species from July 1 through July 31 harvested under a CQ permit in the determining that a halibut PSC in any of the following directed GOA, until the earlier of: sideboard limit is or will be reached, the fisheries: (i) From July 1 through July 14 if: Regional Administrator will publish (A) Any vessel in the rockfish notification in the Federal Register (i) Alaska plaice; cooperative does not meet monitoring prohibiting directed fishing for the (ii) Arrowtooth flounder; standards established under paragraph species or species complex in the (iii) Flathead sole; (f)(4)(iii) of this section; and specified sector, rockfish cooperative in (iv) Other flatfish; (B) The rockfish cooperative has the catcher/processor sector, regulatory (v) Pacific ocean perch; harvested any CQ prior to July 1; or area, or district. The following specific (vi) Rock sole; and (ii) From July 1 until 90 percent of the directed fishing closures will be (vii) Yellowfin sole. rockfish cooperative’s primary rockfish implemented if a halibut PSC sideboard (f) Sideboard provision—catcher/ species CQ has been harvested if: limit is reached: processor rockfish cooperative (A) Any vessel in the rockfish (A) If the shallow-water halibut PSC provisions—(1) General. In addition to cooperative does not meet monitoring sideboard limit for a sector or rockfish the sideboard provisions that apply standards established under paragraph cooperative in the catcher/processor under paragraph (d) of this section, the (f)(4)(iii) of this section; and

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(B) The rockfish cooperative has not limited access fishery and sablefish that species (except sablefish harvested harvested any CQ prior to July 1. harvested under the IFQ Program; or under the IFQ Program) from July 1 (iii) The prohibition on fishing in any (ii) BSAI groundfish fishery and through July 14 of each year if that directed groundfish fishery in the GOA adjacent waters open by the State of vessel has not participated in that and adjacent waters open by the State of Alaska for which it adopts the directed groundfish fishery in any two Alaska for which it adopts the applicable Federal fishing season for years from 1996 through 2002 during applicable Federal fishing season for that species other than sablefish the following time periods: that species, except sablefish harvested harvested under the IFQ Program or (A) June 30, 1996 through July 6, under the IFQ Program, does not apply pollock, from July 1 until 90 percent of 1996; if all vessels in the rockfish cooperative the Central GOA Pacific ocean perch maintain an adequate monitoring plan that is allocated to the rockfish limited (B) June 29, 1997 through July 5, during all fishing for any CQ or any access fishery for the catcher/processor 1997; directed sideboard fishery as required sector has been harvested. (C) June 28, 1998 through July 4, under § 679.84(c) through (e). (h) Sideboard provisions—catcher/ 1998; (g) Sideboard provisions—catcher/ processor opt–out provisions—(1) General. In addition to the sideboard processor limited access provisions—(1) (D) July 4, 1999 through July 10, 1999; General. In addition to the sideboard provisions that apply under paragraph (E) July 8, 2000 through July 15, 2000; provisions that apply under paragraph (d) of this section, the following (F) July 1, 2001 through July 7, 2001; (d) of this section, the following sideboards under this paragraph (h) and sideboard limits under this paragraph apply to any catcher/processor vessels (G) June 30, 2002 through July 6, (g) apply to any catcher/processor and LLP license designated in an 2002. vessels and LLP licenses that are used application to opt–out that is in the rockfish limited access fishery for subsequently approved by NMFS. (ii) For purposes of this paragraph (h), the catcher/processor sector. (2) Vessels subject to opt–out participation in a fishery in Statistical (2) Vessels subject to rockfish limited sideboard provisions. (i) Any catcher/ Area 650 during a time period specified access fishery sideboard provisions. Any processor vessel whose legal rockfish in paragraph (h)(4)(i) of this section vessel that NMFS has determined meets landings were used to qualify for the shall be considered as participation in any of the following criteria is subject to Rockfish Program and for which the that same fishery in Statistical Area 640 groundfish sideboard directed fishing vessel named on that LLP license is during that time period. closures issued under this paragraph (g): assigned to the opt–out fishery; (ii) Any catcher/processor vessel § 679.83 Rockfish Program entry level (i) Any catcher/processor vessel fishery. named on an LLP license whose legal named on an LLP license under which catch history was used to qualify that (a) Rockfish entry level fishery—(1) rockfish landings were used to qualify General. A rockfish entry level harvester for the Rockfish Program and the vessel LLP license for the Rockfish Program and that LLP license is used in the opt– and rockfish entry level processor may named on that LLP license is assigned participate in the rockfish entry level to a catcher/processor rockfish limited out fishery; or (iii) Any catcher/processor vessel fishery as follows: access fishery; designated in an application to opt–out. (i) Trawl catcher vessels. Trawl (ii) Any catcher/processor vessel (3) Prohibitions on Central GOA catcher vessels participating in the named on an LLP license under which rockfish directed harvest by opt–out rockfish entry level fishery may catch history was used to qualify that vessels. Any vessel that is subject to the collectively harvest, prior to September LLP license for the Rockfish Program opt–out sideboard restriction under this 1, an amount not greater than 50 percent and that LLP license is used in the paragraph (h) is prohibited from of the total allocation to the rockfish catcher/processor rockfish limited directed fishing for the following entry level fishery as calculated under access fishery; species in the following management § 679.81(ab)(2). Allocations to trawl (iii) Any catcher/processor vessel areas: catcher vessels shall be made first from designated in an application for the the allocation of Pacific ocean perch rockfish limited access fishery for the (i) Central GOA northern rockfish and available to the rockfish entry level catcher/processor sector; or adjacent waters open by the State of fishery. If the amount of Pacific ocean (iv) Any vessel named on an LLP Alaska for which it adopts a Federal perch available for allocation is less license with legal rockfish landings in fishing season; than the total allocation allowable for the catcher/processor sector if that LLP (ii) Central GOA Pacific ocean perch trawl catcher vessels in the rockfish license is not specified in an application and adjacent waters open by the State of entry level fishery, then northern for CQ or an application to opt–out. Alaska for which it adopts a Federal rockfish and pelagic shelf rockfish shall (3) Prohibition from directed fishing fishing season; and be allocated to trawl catcher vessels. in GOA and BSAI groundfish fisheries. (iii) Central GOA pelagic shelf (ii) Longline gear vessels. Longline If a vessel named on an LLP license rockfish and adjacent waters open by gear vessels participating in the rockfish used in the rockfish limited access the State of Alaska for which it adopts entry level fishery may collectively fishery has been assigned rockfish QS a Federal fishing season. harvest, prior to September 1, an greater than an amount equal to 5 (4) Prohibitions on directed fishing in amount not greater than 50 percent of percent of the Pacific ocean perch GOA groundfish fisheries without the total allocation to the rockfish entry rockfish QS allocated to the catcher/ previous participation. (i) Any vessel level fishery as calculated under processor sector, then that vessel may that is subject to the opt–out sideboard § 679.81(a)(2). Allocations of Pacific not participate in any: restriction under paragraph (c) of this ocean perch, northern rockfish, and (i) GOA groundfish fishery and section is prohibited from directed pelagic shelf rockfish to longline gear adjacent waters open by the State of fishing in any groundfish fishery in the vessels shall be made after the Alaska for which it adopts the GOA and adjacent waters open by the allocation to trawl catcher vessels. applicable Federal fishing season for State of Alaska for which it adopts the (iii) Secondary species allocations. that species other than the rockfish applicable Federal fishing season for Secondary species shall not be allocated

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to the rockfish entry level fishery. under a CQ permit that were harvested inspection or as described at paragraph Secondary species shall be managed during a rockfish limited access fishery, (c)(9)(v) of this section, one of the three based on a MRA for the target species or that were harvested by a vessel monitoring options described at as described in Table 10 to this part. subject to a sideboard limit as described paragraph (c)(9)(ii) or (iii) of this (iv) Halibut PSC allocations—trawl under § 679.82(d) through (g), as section. vessels. Halibut PSC from trawl vessels applicable, the vessel owner or operator in the rockfish entry level fishery shall must ensure that: (i) Option 1—No crew in bin or tank. be accounted against the allocation to (1) Catch weighing. All groundfish are No crew may enter any bin or tank the deep water species fishery complex weighed on a NMFS-approved scale in preceding the point where the observer for that seasonal apportionment. If the compliance with the scale requirements samples unsorted catch, unless: Halibut PSC allocation in the deep at § 679.28(b). Each haul must be (A) The flow of fish has been stopped water fishery complex has been weighed separately and all catch must between the tank and the location where achieved or exceeded for that seasonal be made available for sampling by a the observer samples unsorted catch; apportionment, the rockfish entry level NMFS-certified observer. (B) All catch has been cleared from all fishery for trawl vessels will be closed (2) Observer sampling station. An locations between the tank and the until deep water species fishery observer sampling station meeting the location where the observer samples complex halibut PSC is available. requirements at § 679.28(d) is available unsorted catch; (v) Halibut PSC allocations—longline at all times. (C) The observer has been given gear vessels. Halibut PSC from longline (3) Observer coverage requirements. notice that the vessel crew must enter gear vessels in the rockfish entry level The vessel is in compliance with the the tank; and fishery shall be accounted against the observer coverage requirements (D) The observer is given the allocation to the other non-trawl fishery described at § 679.50(c)(7)(i). opportunity to observe the activities of category for that seasonal (4) Operational line. The vessel has the person(s) in the tank; or, apportionment. If the Halibut PSC no more than one operational line or (E) The observer informs the vessel allocation in the other non-trawl fishery other conveyance for the mechanized operator, or his designee that all category has been reached or exceeded movement of catch between the scale sampling has been completed for a for that seasonal apportionment, the used to weigh total catch and the given haul, in which case crew may rockfish entry level fishery for longline location where the observer collects enter a tank containing fish from that gear vessels will be closed until deep species composition samples. haul without stopping the flow of fish water species fishery complex halibut (5) Fish on deck. No fish are allowed or clearing catch between the tank and PSC is available. to remain on deck unless an observer is the observer sampling station. (ii) Option 2—Line of sight option. (2) Reallocation among trawl and present, except for fish inside the From the observer sampling station, the longline gear vessels. Any allocation of codend and fish accidentally spilled location where the observer sorts and Pacific ocean perch, northen rockfish, or from the codend during hauling and weighs samples, and the location from pelagic shelf rockfish that has not been dumping. Fish accidentally spilled from which the observer collects unsorted harvested by 1200 hours, A.l.t. on the codend must be moved to the fish catch, an observer of average height September 1, may be harvested by either bin. (between 64 and 74 inches (140 and 160 trawl or longline gear vessels in the (6) Sample storage. The vessel owner cm)) must be able to see all areas of the rockfish entry level fishery. or operator provides sufficient space to (3) Opening of the rockfish entry level accommodate a minimum of 10 observer bin or tank where crew could be located fishery. The Regional Administrator sampling baskets. This space must be preceding the point where the observer maintains the authority to not open the within or adjacent to the observer samples catch. If clear panels are used rockfish entry level fishery if he deems sample station. to comply with this requirement, those it appropriate for conservation or other (7) Pre-cruise meeting. The Observer panels must be maintained with management measures. Factors such as Program Office is notified by phone at sufficient clarity to allow an individual the total allocation, anticipated harvest 1–907–271–1702 at least 24 hours prior with normal vision to read text located rates, and number of participants will be to departure when the vessel will be two feet inside of the bin or tank. The considered in making any such carrying an observer who had not text must be written in 87 point type decision. previously been deployed on that (corresponding to line four on a vessel. Subsequent to the vessel’s standard Snellen eye chart) and the text (b) [Reserved] departure notification, but prior to must be readable from the observer departure, NMFS may contact the vessel sampling station, the location where the § 679.84 Rockfish Program recordkeeping, to arrange for a pre-cruise meeting. The observer sorts and weighs samples, and permits, monitoring, and catch accounting. pre-cruise meeting must minimally the location from which the observer (a) Recordkeeping and reporting. See include the vessel operator or manager collects unsorted catch. The observer § 679.5(r). and the observer assigned to that vessel. must be able to view the activities of (b) Permits. See § 679.4(m). (8) Belt and flow operations. The crew in the bin from these locations. (c) Catch monitoring requirements for vessel operator stops the flow of fish (iii) Option 3—Video option. A vessel catcher/processors assigned to a and clear all belts between the bin doors must provide and maintain cameras, a rockfish cooperative or rockfish limited and the area where the observer collects monitor, and a digital video recording access fishery. The requirements under samples of unsorted catch when system for all areas of the bin or tank paragraphs (c)(1) through (9) of this requested to do so by the observer. where crew could be located preceding section apply to any catcher/processor (9) Vessel crew in tanks or bins. The the point where the observer collects vessel participating in a rockfish vessel owner complies with the catch. The vessel owner or operator cooperative or the rockfish limited requirements specified in paragraph must ensure that: access fishery, and that is subject to a (c)(9)(i) of this section unless the vessel (A) The system has sufficient data sideboard limit as described in this owner has elected, and has had storage capacity to store all video data section. At all times when a vessel has approved by NMFS at the time of the from an entire trip. Each frame of stored groundfish onboard that were harvested annual observer sampling station video data must record a time/date

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stamp. At a minimum, all periods of (9) The type, speed, and operating (5) Federal fishery permit number. time when fish are inside the bin must system of any computer that is part of (6) Location of vessel where the be recorded and stored; the system; inspection is requested to occur, (B) The system includes at least one (10) The individual or company including street address and city. external USB (1.1 or 2.0) hard drive and responsible for installing and (7) A diagram drawn to scale showing use commercially available software; maintaining the system; the locations where all catch will be (C) Color cameras have at a minimum (11) The individual onboard the weighed and sorted by the observer, the 420 TV lines of resolution, a lux rating vessel responsible for maintaining the location where unsorted catch will be of 0.1, and auto-iris capabilities; system and working with the observer collected, and the location of any video (D) The video data is maintained and on its use; and equipment or viewing panels or ports. made available to NMFS staff, or any (12) Any additional information (B) Where will bin monitoring option individual authorized by NMFS, upon requested by the Regional inspections be conducted? Inspections request. These data must be retained Administrator. will be conducted on vessels tied to onboard the vessel for no less than 120 docks at Dutch Harbor, Alaska, Kodiak, days after the beginning of a trip, unless (J) Any change to the video system Alaska, and in the Puget Sound area of NMFS has notified the vessel operator that would affect the system’s Washington State. (C) Bin monitoring option inspection that the video data may be retained for functionality is submitted to, and report. A bin monitoring option less than this 120 day period; approved by the Regional Administrator inspection report, valid for 12 months (E) The system provides sufficient in writing before that change is made. from the date it is signed by NMFS, will resolution and field of view to see and (iv) Failure of line of sight or video be issued to the vessel owner if the bin read a text sample written in 130 point option. If the observer determines that a monitoring option meets the type (corresponding to line two of a monitoring option selected by a vessel requirements of paragraph (c)(9)(v). The standard Snellen eye chart) from any owner or operator specified in vessel owner must maintain a current location within the tank where crew paragraph (c)(9)(ii) or (c)(9)(iii) of this bin option inspection report on board could be located; section fails to provide adequate the vessel at all times the vessel is (F) The system is recording at a speed monitoring of all areas of the bin where crew could be located, then the vessel required to provide an approved bin of no less than 5 frames per second at monitoring option under this paragraph all times when fish are inside the tank; shall use the monitoring option specified in paragraph (c)(9)(i) of this (c)(9)(v)(C). The bin monitoring option (G) A 16–bit or better color monitor, inspection report must be made for viewing activities within the tank in section until the observer determines that adequate monitoring of all areas of available to the observer, NMFS real time, is provided within the personnel, or to an authorized officer observer sampling station (or location the bin where crew could be located is provided by the monitoring option upon request. where the observer sorts and weighs (d) Catch monitoring requirements for samples, if applicable) and has the selected by the vessel owner or operator. (v) Bin or tank monitoring for opt–out catcher/processors assigned to the opt– capacity to display all cameras vessels. Vessel owners or operators out fishery. At all times any catcher/ simultaneously. That monitor must be choosing to participate in the opt–out processor vessel assigned to the opt–out operating at all times when fish are in fishery must arrange for inspection of fishery has groundfish onboard that the tank. The monitor must be placed at their bin monitoring option. Each option vessel that were harvested subject to a or near eye level and provide the same must be inspected and approved by sideboard limit as described under resolution as specified in paragraph NMFS annually and prior to its use for § 679.82(d) through (h), as applicable, (c)(9)(iii)(E) of this section; the first time. If the bin monitoring the vessel owner or operator must (H) The observer is able to view any option is changed or altered once ensure that the requirements in earlier footage from any point in the trip approved, it is invalid and the owner or paragraphs (c)(3), (5), (8), and (9) of this and is assisted by crew knowledgeable operator must arrange for another section are met. in the operation of the system in doing inspection. (e) Catch monitoring requirements for so; catcher vessels. The owner or operator (I) The vessel owner has, in writing, (A) How does a vessel owner arrange of a catcher vessel must ensure the provided the Regional Administrator for a bin monitoring option inspection? vessel complies with the observer with the specifications of the system. At The time and place of the inspection coverage requirements described at a minimum, this must include: may be arranged by submitting to NMFS § 679.50(c)(7)(ii) at all times the vessel (1) The length and width (in pixels) a written request for an inspection. is participating in a rockfish of each image; Inspections will be scheduled no later cooperative, rockfish limited access (2) The file type in which the data are than 10 working days after NMFS fishery, or rockfish sideboard fishery recorded; receives a complete application for an described in this section. (3) The type and extent of inspection, including the following (f) Catch monitoring requirements for compression; information: shoreside and stationary floating processors—(1) Catch monitoring and (4) The frame rate at which the data (1) Name and signature of the person control plan (CMCP). The owner or will be recorded; submitting the application, and the date operator of a shoreside or stationary (5) The brand and model number of of the application. floating processor receiving deliveries the cameras used; (2) Street address, business address, from a catcher vessel described at (6) The brand, model, and telephone number, and fax number of § 679.50(c)(7)(ii) must ensure the specifications of the lenses used; the person submitting the application. shoreside or stationary floating (7) A scale drawing of the location of (3) Whether the vessel has received a processor complies with the CMCP each camera and its coverage area; bin monitoring option inspection before requirements described at § 679.28(g). (8) The size and type of storage and, if so, the date of the most recent (2) Catch weighing. All groundfish device; inspection report. landed by catcher vessels described at (4) Vessel name. § 679.50(c)(7)(ii) must be sorted,

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weighed on a scale approved by the fishing under a CQ permit will be including groundfish harvested in the State of Alaska as described at debited against the CQ for that rockfish adjacent waters open by the State of § 679.28(c), and be made available for cooperative from May 1: Alaska for which it adopts a Federal sampling by a NMFS-certified observer. (i) Until November 15; or fishing season, that is subject to a The observer must be allowed to test (ii) Until that rockfish cooperative has sideboard limit for that groundfish any scale used to weigh groundfish to submitted a rockfish cooperative species as described under § 679.82(d) determine its accuracy. termination of fishing declaration that through (h), as applicable, from July 1 (3) Notification requirements. The has been approved by NMFS. until July 31 will be debited against the plant manager or plant liaison must (2) Rockfish halibut PSC. All rockfish sideboard limit established for that notify the observer of the offloading halibut PSC used by a vessel, including sector or rockfish cooperative, as schedule for each delivery of groundfish halibut PSC used in the adjacent waters applicable. harvested in a Rockfish Program fishery open by the State of Alaska for which at least 1 hour prior to offloading. An it adopts a Federal fishing season, that observer must be available to monitor is named on an LLP license that is (4) Halibut sideboard limits. All assigned to a rockfish cooperative and each delivery of groundfish harvested in halibut PSC used by a vessel, except fishing under a CQ permit will be a Rockfish Program fishery. The halibut PSC used by a vessel fishing debited against the CQ for that rockfish observer must be available the entire under a CQ permit, or in a rockfish cooperative from May 1: limited access fishery including halibut time the delivery is being weighed or (i) Until November 15; or sorted. PSC used in the adjacent waters open by (ii) Until the designated the State of Alaska for which it adopts representative of that rockfish a Federal fishing season, that is subject (g) Catch accounting—(1) Primary cooperative has submitted a rockfish to a sideboard limit as described under rockfish species and secondary species. cooperative termination of fishing § 679.82(d) through (h), as applicable, All primary rockfish species and declaration that has been approved by from July 1 until July 31 will be debited secondary species harvested by a vessel, NMFS. against the sideboard limit established including harvests in adjacent waters for that sector or rockfish cooperative, as open by the State of Alaska for which (3) Groundfish sideboard limits. All applicable. it adopts a Federal fishing season, that groundfish harvested by a vessel, except is named on an LLP license that is groundfish harvested by a vessel fishing I 13. In part 679, Tables 28, 29, and 30 assigned to a rockfish cooperative and under a CQ permit in the Central GOA are added to read as follows:

TABLE 28 TO PART 679—QUALIFYING SEASON DATES IN THE CENTRAL GOA PRIMARY ROCKFISH SPECIES

A Legal Rockfish Landing in- Year cludes 1996 1997 1998 1999 2000 2001 2002

Northern rockfish that were har- July 1 - July July 1 - July July 1 - July July 1 - 19 July 4 - 26 July 1 - 23 June 30 - vested between... 20 10 14 and Aug. 6 - and Oct. 1 - July 21 10 21

and landed by ... July 27 July 17 July 21 July 26 and August 2 July 30 and July 28 Aug. 17, re- Oct. 28, re- spectively spectively

Pelagic shelf rockfish that were July 1 - Aug. July 1 - July July 1 - July July 4 - July 4 - 26 July 1 - 23 June 30 - harvested between... 7 and Oct. 1 20 19 Sept. 3 and Oct. 1- July 21 - Dec. 2 21

and landed by ... Aug. 14 and July 27 July 26 Sept. 10 Aug. 2 July 30 and July 28 Dec. 9, re- Oct. 28, re- spectively spectively

Pacific ocean perch that were July 1 - July July 1 - July July 1 - July July 4 - 11 July 4 - 15 July 1 - 12 June 30 - harvested between ... 11 7 6 and July and Aug. 6 - July 8 12 - 14 8

and landed by ... July 18 July 14 July 13 and July 18 and July 22 July 19 July 15 July 21, re- Aug. 15, re- spectively spectively

TABLE 29 TO PART 679—INITIAL ROCKFISH QS POOLS

Aggregate Primary Spe- Initial Rockfish QS Pool Northern Rockfish Pelagic Shelf Rockfish Pacific ocean perch cies Initial Rockfish QS Pool

Initial Rockfish QS Pool 9,193,183 units 7,672,008 units 18,121,812 units 34,987,002 units

Initial Rockfish QS Pool for Based on the Official Rockfish Program Record on January 31, 2007. the Catcher/Process or Sector

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TABLE 29 TO PART 679—INITIAL ROCKFISH QS POOLS—Continued

Aggregate Primary Spe- Initial Rockfish QS Pool Northern Rockfish Pelagic Shelf Rockfish Pacific ocean perch cies Initial Rockfish QS Pool

Initial Rockfish QS Pool for Based on the Official Rockfish Program Record on January 31, 2007. the Catcher Vessel Sector

TABLE 30 TO PART 679—ROCKFISH PROGRAM RETAINABLE PERCENTAGES (IN ROUND WT. EQUIVALENT)

MRA as a percentage of total re- Fishery Incidental Catch Species Sector tained primary rockfish species

Rockfish Cooperative Fishery for Pacific Cod Catcher/Processor 4.0 percent vessels fishing under a CQ per- mit.

Shortraker/Rougheye aggregate Catcher Vessel 2.0 percent catch

See Non-Allocated Secondary species for ‘‘other species’’

Rockfish Limited Access Fishery. Pacific Cod Catcher Vessel 8.0 percent

Pacific Cod Catcher/Processor 4.0 percent

Sablefish (trawl gear) Catcher/Processor and Catcher 3.0 percent Vessel

Shortraker/Rougheye aggregate Catcher/Processor and Catcher 2.0 percent catch Vessel

Northern Rockfish Catcher/Processor and Catcher 4.0 percent Vessel

Pelagic Shelf Rockfish Catcher/Processor and Catcher 4.0 percent Vessel

Pacific ocean perch, Catcher/Processor and Catcher 4.0 percent Vessel

Thornyhead rockfish Catcher/Processor and Catcher 4.0 percent Vessel

See Non-Allocated Secondary species for other species

Non-Allocated Secondary Species Pollock Catcher/Processor and Catcher 20.0 percent for vessels fishing under a CQ Vessel permit in Rockfish Cooperatives and Rockfish Limited Access Fish- eries.

Deep-Water flatfish Catcher/Processor and Catcher 20.0 percent Vessel

Rex Sole Catcher/Processor and Catcher 20.0 percent Vessel

Flathead Sole Catcher/Processor and Catcher 20.0 percent Vessel

Shallow-water flatfish Catcher/Processor and Catcher 20.0 percent Vessel

Arrowtooth Catcher/Processor and Catcher 35.0 percent Vessel

Other Rockfish Catcher/Processor and Catcher 15.0 percent Vessel

Atka Mackerel Catcher/Processor and Catcher 20.0 percent Vessel

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TABLE 30 TO PART 679—ROCKFISH PROGRAM RETAINABLE PERCENTAGES (IN ROUND WT. EQUIVALENT)—Continued

MRA as a percentage of total re- Fishery Incidental Catch Species Sector tained primary rockfish species

Aggregated forage fish Catcher/Processor and Catcher 2.0 percent Vessel

Skates Catcher/Processor and Catcher 20.0 percent Vessel

Other Species Catcher/Processor and Catcher 20.0 percent Vessel

Longline gear Rockfish Entry See Table 10 to this part. Level Fishery.

Trawl Rockfish Entry Level Fish- See Table 10 to this part. ery.

Opt-out Fishery. See Table 10 to this part.

Rockfish Cooperative Vessels not See Table 10 to this part. fishing under a CQ permit

[FR Doc. 06–9229 Filed 11–13–06; 3:41 pm] BILLING CODE 3510–22–S

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Part III

Office of Personnel Management 5 CFR Part 950 Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations—Eligibility and Public Accountability Standards; Final Rule

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OFFICE OF PERSONNEL may need to be withdrawn or revised if Eligibility Provisions and Public MANAGEMENT the regulations were not to become Accountability Standards effective until mid December or later. Under the existing CFC regulations, 5 CFR Part 950 OPM is issuing final regulations there were 16 core eligibility and public RIN 3206–AL05 concerning eligibility provisions and accountability standards and 3 core administrative requirements governing administrative requirements that a Solicitation of Federal Civilian and the participation of organizations and charitable organization was required to Uniformed Service Personnel for the administration of the CFC. These satisfy in order to participate in the Contributions to Private Voluntary final regulations present a balanced CFC. These appeared in the form of Organizations—Eligibility and Public approach to the current and anticipated certifications in the annual CFC Accountability Standards future needs of the CFC and continue application. Many of the standards required specific documentation, such AGENCY: Office of Personnel the tradition of accountability in the as audited financial statements and an Management. CFC by providing Federal donors with annual report to demonstrate assurances that CFC participating ACTION: Final rule. compliance. OPM had proposed charities provide real services and are removing eight of these standards, SUMMARY: The Office of Personnel fiscally accountable. OPM encourages Management (OPM) is issuing final including the requirement that stakeholders and non-profit sector participating organizations’ regulations concerning the Combined institutions with an oversight mission to Federal Campaign (CFC). These final administrative and fundraising expenses collaborate to ensure that all charities not exceed 25 percent of its total regulations are being issued as part of are fully accountable to the public they OPM’s effort to modernize the CFC and revenue. OPM had proposed modifying serve. OPM will continue to emphasize to realize administrative efficiencies. some of the remaining standards to the importance of providing complete, They were designed to address the eliminate documented proof of accurate, and timely financial reports to current and future environment of the compliance. The standards of eligibility CFC where the electronic transmission donors, regulators and the public, and and accountability being adopted by of information will be more routine. As will support donors by providing them OPM in this Final Rule are summarized such, these regulations update the with information to evaluate the as follows: criteria for CFC eligibility, streamline charities of their choice. 1. Section 950.202(a)—National List the charity application process, ease the On June 29, 2006 (71 FR 37003), OPM Eligibility Requirements—Certify that the applicant organization provides or administrative burden on the local issued comprehensive proposed conducts real services, benefits, campaigns, promote the use of regulations to revise the procedures assistance, or program activities, in 15 electronic technology in the governing the solicitation of Federal administration of the CFC, and expand or more different states or a foreign civilian and uniformed services country over the 3 year period opportunities during disasters and personnel at the workplace for emergencies for Federal donors to immediately preceding the start of the contributions to private non-profit year involved. The proposed regulation contribute to all charities participating organizations. That workplace in the CFC regardless of location. set forth that a detailed schedule would solicitation is known as the CFC, be required as part of the application FOR FURTHER INFORMATION CONTACT: administered by OPM under the that described activities in each state or Mark W. Lambert by telephone at (202) authority of Executive Order 12353 foreign country in each year. In 606–2564; by FAX at (202) 606–5056; or (March 23, 1982) as amended by addition, OPM clarified the types of by e-mail at [email protected]. Executive Order 12404 (February 10, information that it would consider DATES: These regulations are effective 1983). The proposed regulations were acceptable to determine that real November 20, 2006. issued to reduce the burden on services are provided or to accurately SUPPLEMENTARY INFORMATION: Pursuant applicant charitable organizations determine the individuals or entities to 5 U.S.C. 553(d)(3), the Director of the seeking to qualify for the CFC, simplify who benefit from the services. In Office of Personnel Management finds the administrative process of addition, OPM proposed adding a good cause to waive the 30 day effective determining whether charitable statement to clarify that de minimis date for these regulations. Many organizations are eligible to participate services, benefits, assistance, or other national/international organizations in the CFC, and facilitate modernization program activities in any state or foreign including federations, federation of the CFC. The proposed regulations country would not be accepted as a members, and independent are available at http:// basis for eligibility. One organization organizations, are beginning to prepare a257.g.akamaitech.net/7/257/2422/ and one individual commented with a for filling out their 2007 CFC 01jan20061800/edocket.access.gpo.gov/ concern that OPM’s attempt to clarify applications for submission to OPM in 2006/pdf/06–5795.pdf. the eligibility requirements would still January 2007. If those organizations result in limited additional guidance for begin that process under the current In this final rule, OPM addresses the charities, federations, and OPM regulations, then are required to revise comments received on the proposed personnel. Both comments those applications pursuant to these rules set forth at 5 CFR part 950. The 45 recommended that OPM amend the revised regulations, resources may be day public comment period ended regulations to adopt an extensive list of needlessly expended, there will be August 14, 2006. A total of 415 factors against which OPM could confusion in revising applications, and comments were received from evaluate whether an organization has some applicants who would be eligible participating CFC organizations, made a clear showing of actual services, under the revised regulations might not Principal Combined Fund benefits, assistance or activities apply under the current regulations. Organizations, members of Local provided in each state or foreign Finally, there will be confusion and Federal Coordinating Committees, country and also suggested criteria that resource implications for OPM to begin individuals and a Federal government OPM should adopt to define what the review process when applications agency. constitutes substantial services. OPM

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carefully considered these comments charities and could increase the number with supplemental statements and but is not accepting these of applications for inclusion in the CFC. Schedule A with the application. OPM recommendations and the Final Rule Those in favor noted that the cost of an also proposed to no longer routinely will adopt the proposed regulation. audit imposes a disproportionate check to determine whether the IRS OPM believes that the most appropriate burden on smaller, local charitable Form 990 revenues and expenses vehicle for any additional guidance in organizations. reported reconcile with the audited this area is through use of the existing OPM has considered these various financial statements since this CFC administrative memoranda process concerns. OPM agrees that by requiring reconciliation is required to be and through additional instructions in charities with revenues over $250,000 performed by the organization on the how to complete the annual CFC seeking to participate in a local IRS Form 990 in Parts IV–A and IV–B. application. campaign to submit audited financial Comments opposing the proposed rule 2. Section 950.202(b)—National List statements with the application Federal noted that the level of CFC Eligibility Requirements—Certify that donors will have additional assurances accountability would be lowered if the the applicant organization is recognized that such organization is fiscally previously required reconciliation by the Internal Revenue Service as tax- accountable. OPM is also retaining the between the IRS Form 990 and the exempt under 26 U.S.C. 501(c)(3) and to existing regulatory requirement that audited financials were removed. which contributions are tax-deductible organizations seeking to participate on Comments in favor of the proposed pursuant to 26 U.S.C. 170(c)(2) and that the national/international and change suggested that the current the organization is classified as a public international parts of the charity list, reconciliation statement that charity under 26 U.S.C. 509(a). OPM regardless of their revenues, certify that organizations are required to provide on proposed this revision to clarify that they account for funds in accordance the IRS Form 990 should be sufficient applicant organizations must be public with generally accepted accounting to qualify for participation in the CFC. charities, not private foundations, or principles, have an audit of their One organization pointed out that exclusively government units or financial statements conducted by an efforts by leading nonprofit instrumentalities thereof. There were no independent certified public accountant infrastructure organizations to achieve comments on this proposal and OPM is in accordance with generally accepted greater consistency in financial adopting this change as proposed. auditing standards, and submit a copy reporting standards for the charitable 3. Section 950.203(a)(1)—Public of their audited financial statements. In sector are the most appropriate vehicle Accountability Standards—Certify that a departure from the existing regulation, to promote improved reporting to the the applicant organization is a human organizations seeking local participation IRS and should not be used as a means health and welfare organization will be required to make those same to exclude charities from the CFC. OPM providing services, benefits, or certifications and submit a copy of their agrees with the comments in favor and assistance to, or conducting activities audited financial statements only if will adopt the proposed regulation in affecting, human health and welfare. No their revenues are over $250,000. the final rule. changes were proposed to this standard Organizations with revenues between 6. Section 950.203(a)(4)—Public and it remains the same as the existing $100,000 and $250,000 seeking local Accountability Standards—Provide a regulation. participation will be required to certify computation of the organization’s 4. Section 950.203(a)(2)—Public that they account for funds in percentage of total support and revenue Accountability Standards—Certify that accordance with generally accepted spent on administrative and the applicant organization accounts for accounting principles and have an audit fundraising. This percentage shall be its funds in accordance with generally of their financial statements conducted computed from information on the IRS accepted accounting principles and that by an independent certified public Form 990, submitted pursuant to an audit of the organization’s fiscal accountant in accordance with generally existing regulations at section operations is completed annually by an accepted auditing standards, but will 950.203(a)(3), by adding the amount independent certified public accountant not be required to submit the audited spent on ‘‘management and general’’ in accordance with generally accepted financial statements with their (line 14) to ‘‘fundraising’’ (line 15) and auditing standards. Under the proposed application. Charities with revenues less then dividing the sum by ‘‘total rule, applicants would no longer have than $100,000 seeking local revenue’’ (line 12). No substantive been required to actually submit a copy participation will be required to certify changes were proposed to this standard. of a recent audit with the application. that they have adequate financial The references to specific lines of the OPM also proposed to require a controls in place, in form or substance IRS Form 990 were removed, in certification that the organization had as specified by OPM, but will not be anticipation of future changes to the an audit only if it sought CFC required to submit these with their Form by the IRS and the proposed participation on the national/ application. regulation will be adopted in the final international or international parts of 5. Section 950.203(a)(3)—Public rule. the charity list and if it reported Accountability Standards—Certify that 7. Section 950.203(a)(5)—Public $250,000 or more in revenue on its IRS it prepares and submits to the IRS a Accountability Standards—Certify that Form 990. OPM proposed to exempt complete copy of the organization’s IRS the organization is directed by an active from the audit requirement applicant Form 990 or that it is not required to and responsible governing body whose organizations seeking to participate in submit an IRS Form 990, and provide a members have no material conflict of the CFC at the local level that reported completed copy of the organization’s interest and a majority of which serve revenue of less than $250,000. IRS Form 990, including signature, with without compensation. No changes were Numerous comments were received the CFC application regardless of proposed to this standard. One both in support of and against this whether or not the IRS requires the commenter suggested that CFC charities proposal. Those opposed argued that organization to file this form. OPM be required to provide the names and reducing the number of CFC charities proposed to revise this standard to terms of their governing board and dates that are independently audited would require a certification in addition to of prior year board meetings. OPM notes increase the risk of fiscal having the applicant submit a copy of that under the current CFC regulations, mismanagement on the part of such the completed IRS Form 990 together the Director currently has the discretion

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to request this information as deemed federation, federation member and The commenters argued that allowing a necessary. unaffiliated organization applying for charity, regardless of its AFR ratio, to 8. Section 950.203(a)(6)—Public participation in the CFC must, as a participate in the CFC would result in Accountability Standards—Certify that condition of participation, complete a an expansive increase in the number of the organization’s fundraising practices certification that it is in compliance applicant organizations applying to the prohibit the sale or lease of its CFC with all statutes, Executive orders, and CFC. Commenters noted that such contributor lists. OPM proposed regulations restricting or prohibiting increase could significantly raise the removing this standard. Due to the U.S. persons from engaging in costs to manage the application process number of public comments that transactions and dealings with and increase local campaign expenses to claimed this could undermine donor countries, entities or individuals subject produce larger brochures. Many confidence in the CFC, OPM is to economic sanctions administered by comments suggested that OPM should withdrawing this proposed regulation the U.S. Department of the Treasury’s instead increase the acceptable AFR and will retain the existing regulation. Office of Foreign Assets Control threshold to 35 percent, consistent with 9. Section 950.203(a)(7)—Public (OFAC). No changes were proposed to the standards commonly used by Accountability Standards—Certify that this certification. stakeholders in the charitable the applicant organization’s publicity Current Eligibility and Public community. Other comments stated that and promotional activities are based the existing regulation should be upon its actual program and operations, Accountability Standards Removed in the Final Rule retained and that OPM should not are truthful and non-deceptive, and expect that donors would have the make no exaggerated or misleading 1. Section 950.202(c)—National List capability or resources to conduct their claims. OPM had proposed to remove Eligibility Requirements—Certify that own research regarding an this standard. A majority of comments the organization has no expenses organization’s AFR. One national favored retention of this certification as connected with lobbying and attempts organization commenter supported the a precaution against abuse by applicant to influence voting or legislation at the elimination of the AFR standard as long organizations and as a possible local, State, or Federal level or as information about these expenses is enforcement tool in cases of use of alternatively, that those expenses would readily made available to donors. That deceptive methods to mislead donors. classify the organization as a tax-exempt same organization suggested that OPM OPM is withdrawing the proposed organization under 26 U.S.C. 501(h). require applicant organizations with regulation and will retain its existing The majority of comments broadly AFRs that exceed 35 percent to also supported OPM’s proposed removal of regulation. include an explanation or rationale for 10. Section 950.203(a)(8)—Public this standard because the existing the higher expenditures. Accountability Standards—Certify that regulatory requirement has been contributions are effectively used for the misconstrued by some as prohibiting While OPM carefully considered this announced purposes of the charitable permissible advocacy by charities matter, OPM is adopting its proposed organization. No changes were proposed participating in the CFC. regulation in the final rule and is to this standard. Given the interrelatedness of items 2 removing the 25 percent AFR ceiling as 11. Section 950.203(a)(12)—Public and 3, and the comments received, the an eligibility standard. The issue of Accountability Standards—Provide a analysis follows after item 3—Section obtaining a specific AFR in order to statement that the certifying official is 950.203(a)(4)(ii). participate, the subjective nature of authorized by the organization to certify 2. Section 950.203(a)(4)(i)—Public OPM’s determination regarding an and affirm all statements required for Accountability Standards—If an acceptable explanation of a high AFR, inclusion on the national list. No organization’s administrative and and the determination of the merits of changes were proposed to this standard. fundraising expenses exceed 25 percent the proposed reduction plan have 12. Section 950.203(a)(13)—Public of its total support and revenue, it must caused an administrative burden on Accountability Standards—Provide a certify that its actual expenses for OPM staff. Much of the litigation statement in 25 words or less describing administration and fundraising are affecting the CFC in the past several the program activities of the charitable reasonable under all the circumstances years have centered on this issue, organization. As proposed, this presented. It must provide an resulting in a substantial resource drain provision is being removed as an explanation with its CFC application on OPM staff, including the Office of eligibility standard, but is retained as an and also include a formal plan to reduce CFC Operations. OPM believes that administrative requirement in section these expenses below 25 percent. Federal donors are capable of 950.401(g)(2) and will be required from 3. Section 950.203(a)(4)(ii)—Public determining what their acceptable AFR each charitable organization completing Accountability Standards—The Director levels should be for charities they the CFC application. One commenter may reject any application from an consider supporting. In the interest of proposed that OPM specify that the 25- organization with fundraising and ensuring that potential Federal donors word statement is not permitted to be administrative expenses in excess of 25 are informed of participating misleading. OPM points out that section percent of total support and revenue, organizations’ AFR, OPM will continue 950.203(a)(7) of the existing CFC unless the organization demonstrates to to calculate and publish the AFR of regulation, which will be retained in the the satisfaction of the Director that its participating charities by listing the Final Rule, requires that organizations actual expenses for those purposes and AFR in CFC information including the certify that their publicity and its plan to reduce them are reasonable charity lists that are distributed to the promotional activities are truthful and under the circumstances. donor. OPM will add a statement to all non-deceptive. OPM believes that A significant majority of comments on CFC Brochures that will note that OPM, section 950.203(a)(13) is more these requirements opposed OPM’s as well as the philanthropic community appropriate as an administrative proposal to remove the 25 percent at large, remains concerned about requirement. The proposed change is administrative and fundraising rates excessive AFR levels. The Brochure will therefore adopted in the final rule. (AFR) threshold and the explanation inform the CFC donor that the 13. Section 950.605—Sanctions and reduction plan requirements as a philanthropic community generally Compliance Certification—Each condition of participation in the CFC. considers an AFR in excess of 35% to

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be problematic and that potential CFC providing government supported with the audit, financial, governance donors should carefully review the services. Two other organizations agreed and annual report requirements. These circumstances applicable to the with removing the standard, but requirements are clarified in sections potential charities of their choice to be requested that any such organizations be 950.301(e)(2) and 950.303(e)(2). certain they fully understand and accept denoted with an asterisk in the CFC Federations provide services to 15 or the AFR situations for such charities donor brochure to alert donors that they more member organizations. Services before donating to them. received more than 80 percent of their include the receipt and distribution of OPM believes that Federal donors funding from government sources. OPM funds through the CFC. Because should have an opportunity to donate to believes that the existing requirement federations handle approximately 80 a wide range of charitable organizations has served to exclude legitimate percent of all funds distributed through and should not be limited in their organizations interested in diversifying the CFC, the documented evidence of choices to those charities with AFRs of their sources of support from compliance for federations will a specific rate, so long as the AFR participation in the CFC. OPM will continue to be required. information is available to them to make remove this standard in the final rule as 7. Section 950.204(b)(1)(ii)—OPM has an informed decision. OPM encourages proposed. decided not to proceed with the Federal donors to be knowledgeable 6. Section 950.203(a)(11)—Public proposed change that would require about those charities to which they Accountability Standards—Certify that statewide services to be provided over a choose to donate. OPM already requires the organization prepares and makes 3 year period, and has withdrawn that organizations to provide their World available to the public upon request an change from the final rule. Wide Web address, if available, where annual report that includes a full Miscellaneous Administrative Changes donors can research the organization. description of the organization’s Many local campaigns also provide activities and supporting services and In addition to changes and donors with electronic access to identifies its directors and chief modifications to the eligibility standards information from and about administrative personnel. OPM described above, OPM proposed other participating organizations. As the CFC proposed to remove this standard CFC administrative changes to clarify continues to modernize and more because a significant portion of the CFC procedures, address areas of donors have more information available information sought in the annual report concern noted over the years by OPM through the internet, donors can have is already the subject of a certification and stakeholders, and to better unlimited references on most or obtained as a result of other eligibility recognize the use of electronic organizations. OPM is retaining the rule requirements and public accountability technology in the administration of the as it was proposed. standards contained in sections CFC. Except where noted, comments 4. Section 950.203(a)(9)—Public 950.202(a) and 950.203(a)(3). A number received on the following proposed Accountability Standards—Certify of comments were received both regulatory changes supported such under which governmental entity the supporting and opposing the proposed changes. Given the substantive concerns charitable organization is chartered, rule change. One comment in favor regarding two of the proposed incorporated or organized argued that with an increasing number administrative changes, involving (Congressionally chartered or the state of organizations using expanded online solicitation of contractor personnel on in which it is registered). OPM proposed resources to present information, the Federal premises and the relationships to remove this standard. There were five proposed rule change would encourage between national organizations and comments which opposed the proposed more organizations to present their their bona fide local affiliates, OPM is removal of this standard. The comments information on-line. Comments against withdrawing the proposed regulation noted that this information was not a OPM’s proposed regulation claimed that and retaining the regulations as they burden to collect and could be used to requiring an applicant to provide a copy previously existed with minor clarifying obtain additional information on the of its annual report enhances changes. These issues are described in organization. OPM believes that any accountability and transparency. OPM greater detail in the next section. such additional information can be believes that the annual report is not an Proposed changes being adopted in obtained from the application itself or essential component of the application, the final regulations: from contacting the organization particularly since the application 1. Various changes modifying directly. OPM will adopt the proposed requires a detailed description of references associated with the use of regulation in the final rule and will services, benefits or activities which are paper-based information and processes remove this eligibility standard. carefully reviewed to determine such that these new terms apply within 5. Section 950.203(a)(10)—Public eligibility. OPM agrees that donors an electronic CFC environment. Accountability Standards—Certify that should be encouraged to access this 2. Section 950.101 includes a revised the organization has received no more information online whenever possible definition of ‘‘Charity List’’ to be than 80 percent of its total support and or otherwise obtain an annual report consistent with section 950.401(g)(2). revenues from government sources as directly from the charity. OPM adopts Throughout the CFC regulations, OPM computed by dividing line 1c by line 12 the proposed regulation in its final rule. has revised the terms ‘‘National and from the IRS Form 990 submitted Changes corresponding to these International Lists’’ to use the terms pursuant to section 950.203(a)(3). Many changes in eligibility and public ‘‘National/International’’ and comments agreed with OPM’s proposed accountability requirements also are ‘‘International’’ to be consistent with the removal of this standard. Two being made to the eligibility definition of ‘‘Charity List’’ in section organizations favored retaining this requirements for the local part of the 950.101 and the provisions of section certification based on the rationale that charity list contained in section 950.401(g)(2). the spirit of the CFC is to make the 950.204, and national and local 3. Current section 950.102(a) limits charitable donations of Federal federation standards set forth at sections the annual solicitation of donors to a six employees available to qualified 950.301, and 950.303. As proposed, week period between September 1 and charities, while keeping out of the CFC national, international and local December 15. One commenter stated those organizations which already have federations are required to submit that the six week period should be stable funding and are, in essence, documents to demonstrate compliance retained. OPM believes that eliminating

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the requirement of a specific six week relief activities. OPM will consider this national list. OPM proposed adding period is in the best interests of the suggestion but does not believe that references for international campaign and will allow local campaign adoption of the proposed regulation organizations, which must also meet leadership to determine the appropriate would preclude the implementation of these criteria, and clarifying the length of the solicitation that must still such a separate disaster campaign since Director’s ability to consider corrective occur between September 1 and the Director currently exercises general action regarding any prior violation of December 15. supervision over all operations of the regulation or directive, sanction, or 4. Current section § 950.102(c) states CFC and has the authority to take all penalty, as appropriate, prior to that the Director exercises general necessary steps to ensure the determining eligibility. OPM is adopting supervision over all operations of the achievement of campaign objectives. these proposed revisions in the final CFC, and takes all necessary steps to Therefore, there is no need to specify rule. ensure the achievement of campaign the handling of the campaign during 12. Consistent with changes set forth objectives. OPM will adopt as the final times of emergency or disaster beyond above in paragraph 6, above, current rule the proposed rule that clarifies and the authority already available, and section 950.204(b)(1) is modified to specifically articulates the Director’s OPM is adopting the rule as proposed. allow for the Director to provide for authority to perform audits and 7. Current section 950.104(b)(6) elimination of adjacency and statewide investigations of all CFC activities, and encourages local Federal agencies to presence eligibility requirements resolve any identified issues resulting appoint loaned executives to assist in commencing with the implementation from such audits and investigations. the campaign and grant administrative of appropriate electronic technology. 5. Current section 950.103(f) describes leave to all loaned executives See related changes adopted in section a six week period for soliciting donors appointed. OPM is adopting the 950.103(h). In addition, OPM clarifies similar to that described in item (2) proposed rule that will clarify that this section to define more clearly an above. Corresponding proposed changes Federal agencies should not place adjacent local campaign. A number of are adopted in the final rule. loaned executives on administrative comments were received opposing this 6. Current section 950.103(h) states leave since the CFC activities are proposed change, noting a concern that that a Federal employee may participate considered part of the official duties of statewide charities and adjacent in a local CFC campaign only if that the Federal employee loaned to assist in charities will lose contributions if they employee’s official duty station is the CFC. are not included in the charity list, and located within the geographic 8. Current section 950.104(c) states donors will be affected if they lose the boundaries of that campaign. OPM that the LFCC must annually solicit opportunity to contribute to charities of proposed a modification to allow for applications for the PCFO via public their choice. OPM notes that the current contributions to organizations outside of notice. OPM proposed to remove the adjacency and statewide eligibility an employee’s official duty station in requirement for an annual application criteria will remain in place until the cases of emergencies and disasters and allow LFCCs to enter into multi- appropriate technology exists to permit as defined in section 950.102(a), upon year agreements, at their discretion. donors to make contributions without approval by the Director. OPM further OPM also proposed the removal of the geographic restriction. OPM does not proposed to give the Director authority requirement to solicit the PCFO intend that there would be any gap to remove all geographic restrictions applications via a public notice and to period during which a potential donor under any circumstances at some future provide the LFCC discretion as to how would be deprived of an opportunity to date upon the implementation of to announce the solicitation as long as donate to an eligible charity during the appropriate technology. Because OPM it reaches the audience of prospective transition from the current rule to the anticipates such elimination of these applicants. OPM will adopt these elimination of geographic boundaries. geographic restrictions on giving at provisions in the final rule. OPM believes that the cost efficiencies some point in the future, local eligibility 9. Current section 950.106(a) states inherent in the use of appropriate based on adjacency and statewide the amount a PCFO may recover for technology will only be realized by presence will no longer be necessary campaign expenses shall not exceed 10 strongly encouraging the use of online and will be eliminated upon percent of the estimated budget. OPM electronic listings. OPM also implementation of appropriate adopts the proposed regulation, acknowledges that some form of paper electronic technology to be announced correcting an error in this section which charity list may be needed to reach by the Director at some future date, would state that the recovery amount certain donors that may not have access without the need for a new proposed should not exceed 110 percent of the to computers. In these circumstances, regulatory proposal. Also see related estimated budget. OPM will issue appropriate guidance to changes proposed to section 10. Current section 950.109 describes facilitate a full listing of all eligible 950.204(b)(1). OPM retains these certain conflicts of interest for Federal charities within the geographic area. provisions in the proposed rule. employees who serve as an LFCC OPM is adopting this provision in the A number of comments expressed member or fundraising coordinator. final rule. concern over OPM’s plans to manage OPM proposed to add clarifying 13. Current section 950.204(b)(2)(iii) the flow of contributions during large language regarding LFCC members not is being amended to add Guam, the scale emergencies or disasters and one being able to serve in their official Commonwealth of Northern Mariana organization suggested that OPM should capacity on the board of directors of the Islands, and American Samoa to the list study the impact of this provision on non-profit organization that administers of U.S. territories whose charities may the structure and costs of the campaign. the CFC in its local area. This situation be exempt from the requirements of A disaster relief organization was addressed in administrative § 950.202(b). A number of comments recommended that in the event of a guidance at CFC Memorandum 2002– pointed out that local organizations major disaster, a separate campaign for 15. OPM is adopting this proposed based in these territories do not disaster relief should be conducted revision in the final rule. generally participate in the CFC because concurrently with the regular CFC in 11. Current sections 950.201(a)(1) and they are not granted this exception. order to distinguish better the (2) discuss eligibility for national OPM determined that local non-profit contributions designated for disaster organizations to be included on the organizations based in U.S. territories

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are entitled to similar privileges as those 950.603(a). The commenters did not as that described for section 950.301(c) in Puerto Rico and the Virgin Islands, believe the proposed change provided regarding national federations. OPM is provided they meet all other required an adequate appeal process. OPM notes adopting in the final rule the eligibility requirements. that it did not change the sanctions and clarification that the local federation 14. Current section 950.204(e) is being penalty requirements in the proposed itself does not count among the 15 or revised to remove the 15 day period for rule. The proposed changes simply more members required to receive LFCCs to make eligibility decisions and clarified and consolidated the many federation status. providing instead that the decisions sections that dealt with penalties and 23. Current section 950.303(d) sets must be made as of a date determined sanctions into a single section at section forth the role of local federations. OPM by OPM and published in the annual 950.603(a). The requirements are those will adopt in the final rule a CFC calendar. required by Federal law and OPM is terminology change from 15. OPM proposed adding a new adopting the proposed changes in the ‘‘decertification’’ to ‘‘withdrawal of subsection to section 950.204(g) that final rule. federation status’’ to conform to a clarifies the LFCC’s ability to consider 19. Current section 950.301(e)(2) terminology change in section corrective action regarding any prior requires national and international 950.603(a). violation of regulation or directive, federations to certify that their financial 24. Section 950.303(e)(2) sets forth the applying an appropriate sanction or activities conform to generally accepted same requirement for local federations penalty, as appropriate, prior to accounting principles (GAAP) and that as that is described above applicable to determining eligibility of local they are annually audited by an section 950.301(e)(2). The changes organizations. OPM is as adopting the independent certified public accountant adopted for national and international proposal in the final rule. in accordance with generally accepted federations also are adopted for local 16. Current section 950.301(a) states auditing standards (GAAS). That section federations in the final rule. that the Director may recognize national further requires a copy of the audited 25. Section 950.303(e)(2)(iii) sets forth and international federations that financial statements and that the audit the same requirement for local conform to eligibility and accountability must verify that the federation is federations as that described above in standards. OPM proposed clarifying the honoring designations made to each section 950.301(e)(2)(iii) for national Director’s ability to consider corrective member organization. Finally, the and international federations. OPM will action regarding any prior violation of current regulation waives the audit adopt this requirement in the final rule. regulation or directive applying an requirement for newly created 26. Current section 950.401(g)(3) appropriate sanction or penalty, as federations operating for less than a states that each national and appropriate, prior to determining year. OPM proposed to clarify and international federation and charitable eligibility of national and international simplify the regulatory language to organization will be assigned a code federations. OPM is as adopting the apply to all eligibility requirements and number by OPM and each local proposal in the final rule. public accountability standards, federation and local charitable 17. Current section 950.301(c) states contained in sections 950.202 and organization will be assigned code that an organization may apply for 950.203 and required of independent numbers by the LFCC. OPM is inclusion as a national CFC federation if organizations and federation members, modifying this regulation to facilitate the applicant federation has 15 or more to the national and international alternative mechanisms by which OPM member organizations each of which federations. OPM does not view this as may assign charity codes. A number of meet the eligibility criteria of sections a substantive change and is adopting the comments expressed concerns over the 950.202 and 950.203. A national proposal in the final rule. manner in which OPM is planning to federation must provide copies of 20. Current section 950.301(e)(2)(iii) implement a re-coding of the charities, applications for all of its members in the requires national and international as part of the development of a initial year that it applies to participate federations to disclose important centralized national CFC list. One in the CFC as a federation, but needs to administrative expense information to comment indicated that OPM has submit copies of applications after the the CFC and donors in its annual report. already begun the implementation of initial year only at OPM’s request. OPM One organization suggested that OPM such re-coding process by officially proposed to add clarifying language that should consider the differences in announcing that OPM will be assigning the federation itself does not count accounting systems used by federations both national and local code numbers among the 15 or more members and establish a standard reporting and requiring that LFCCs notify organizations required to receive system. OPM agrees that this could be charities accordingly. OPM notes that federation status. Four comments stated of potential value and will consider this while the planning for the assignment of that the federation itself should count as as an area for future administrative new codes for all CFC charities has one of the 15 members. OPM believes review. OPM is retaining the provision begun, the official assignment of codes that the federation itself should not be as proposed. will not occur before these final included as one of those 15 member 21. Current section 950.303(a) states regulations are implemented. OPM organizations, and is adopting the that the LFCC must approve local further notes that it has had extensive proposed clarification in the final rule. federations that conform to eligibility consultation with stakeholders on the 18. Current section 950.301(d) and public accountability standards. need for a new coding structure and the discusses the role of national and OPM proposed to clarify the LFCC’s limitations that the existing regulation international federations. OPM ability to consider corrective action imposes on the structure of the proposed a terminology change from regarding any prior violation of campaign. OPM is adopting the ‘‘decertification’’ to ‘‘withdrawal of regulation or directive, sanction, or proposed modification in the final rule. federation status’’ to conform to a penalty, as appropriate, prior to 27. Current sections 950.401(i) and (j) terminology change proposed in section determining eligibility of local are being amended to provide that local 950.603(a). Numerous commenters federations. OPM adopts this proposal affiliates of a national organization, not indicated that they opposed this change in the final rule. separately incorporated, still can be as well as the changes regarding 22. Current section 950.303(c) is the determined locally eligible using the sanctions and penalties in section same requirement for local federations national organization’s IRS tax-exempt

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determination letter and audited applications, the Director will notify will be official CFC guidance and OPM financial statements accompanied with each national and international believes it will be sufficient to allow for a certification that the local affiliate applicant of the results of the adequate local administration of the operates as a bona-fide chapter or application review. OPM proposed to campaigns. In addition, OPM does not affiliate in good standing of the national remove the defined 35 day requirement anticipate significant changes to any of organization and that the affiliate is and annually publish an anticipated the dates being removed from the covered by the national organization’s date for notification on the calendar of regulations and will provide the annual 501(c)(3) tax exemption, IRS Form 990 events that OPM will maintain. OPM is calendar well in advance of the annual and audited financial statements. The adopting this provision in the final rule. campaign and time for selection of the affiliate must provide a pro forma IRS 32. Current section 950.801(a)(3) PCFO for any campaign. Local Form 990, page 1 and Part V only, for states that the LFCC must select the campaigns will have adequate time to CFC purposes in addition to the other PCFO no later than March 15 each year. plan for the campaign based on the documents required under section OPM proposed to remove the reference issuance of the CFC calendar of dates. 950.204. to March 15 and state that the LFCC OPM is adopting the provision in the 28. Current section 950.601 governs must select the PCFO no later than a final rule. the release of donor names and date to be determined annually by OPM. 35. Current 950.901(f)(1) requires the addresses and the transmittal of this OPM will provide the date in its annual remittance checks sent by payroll offices information to designated charities. CFC calendar of events and initially set to the PCFO each pay period to be OPM proposed changing the terms the date as February 15 to allow accompanied by a statement identifying ‘‘names and address’’ to ‘‘information,’’ campaigns to begin early planning for the agency, the dates of the pay period to allow other donor information to be the campaign beginning after the and the total number of employee released, such as contribution amount effective date of these regulations. OPM deductions. OPM proposed to add the and home email address. Numerous is adopting this provision in the final pay period number to the information comments supported this change but rule. required to be on this statement. OPM suggested that clear ‘‘opt-in, opt-out’’ 33. Current section 950.801(a)(4) is adopting this provision in the final choices be given to donors. A number of requires the Director to issue a national rule. comments opposed this change in light and international list of eligible 36. Current sections 950.901(i)(1) and of the proposed change to remove the organizations by June 30. OPM (i)(2) each contain specific dates for the prohibition against sale or lease of proposed to remove the specific date PCFO to notify charitable organizations contributor lists in section 950.203(a)(6). and state the requirement by a date of the amount of pledged contributions However, since OPM is retaining the annually determined by the Director. (currently no later than February 15) current regulatory prohibition against Several comments indicated that given and to begin its periodic distributions to sale or lease of contributor lists in the impact on all campaigns of the charitable organizations. OPM proposed section 950.203(a)(6), and will not adopt timely release by OPM of the national to remove the specific dates referenced the proposed change, OPM does not and international parts of the charity in the regulation and provide that these believe there is substantial disagreement list, that a regulatory adjusted deadline actions will occur no later than a date with this proposed change in section would be preferred. One comment to be determined annually by OPM. 950.601 and will adopt that change in recommended that OPM change the date OPM will publish the dates in its annual the final rule. for issuance from June 30 to July 30 to CFC calendar of events. Initially, OPM 29. Current section 950.604 specifies be consistent with current actual plans to extend the notification date to that federations, PCFOs and other practice. OPM believes that future March 15. OPM proposed to remove the participants shall retain documents release of the national and international requirement for monthly payments and pertinent to the campaign for three parts of the charity list and the allow all campaigns to make quarterly campaign years. OPM proposed to screening of charities will be expedited payments beginning no later than April clarify that three campaign years is by improved technology and 1. Several comments noted that some actually three completed campaign administrative improvements in these small organizations could be adversely periods and is not based on calendar regulations and the use of a specific affected by quarterly payments. OPM years. OPM is adopting this clarification deadline in regulation will impose an notes that the PCFO will continue to in the final rule. unnecessary constraint. OPM is have the option of retaining the monthly 30. Current section 950.801(a)(1) adopting the proposed change in the payments and is adopting the proposed specifies the period during which OPM final rule. provisions in the final rule will accept applications from 34. Current section 950.801(b) 37. Current sections 950.105(e), organizations seeking to be listed on the requires the Director to annually issue a 950.302(c), 950.302(d), 950.304(c), national and international parts of the timetable for accepting and processing 950.304(d), 950.403, and 950.603 all charity list. OPM proposed to modify national and international applications. provide for certain penalties and this section to replace it with a period OPM proposed to modify this section to sanctions for federations, unaffiliated to be determined by the Director. OPM specify that the Director will create, organizations, and PCFOs. OPM will create, maintain, and issue a CFC maintain and issue annually a CFC proposed to clarify and combine these calendar of events each year to define calendar of events with specific dates penalties and sanctions into one new the applicable time periods. Initially, that include the accepting and section 950.603 and remove the other OPM will provide for a specific 60- processing of national and international references from the regulations. calendar day period between December applications as well as other significant Numerous commenters indicated that and February as the period during CFC dates. A majority of comments they did not agree with the changes in which OPM will accept applications. expressed concern that without section 950.603(a) because they did not OPM adopts this modification in the regulatory deadlines, local campaigns provide an adequate appeal process. final rule. could not plan adequately or hold OPM OPM notes that it did not change the 31. Current section 950.801(a)(2) accountable for the release of the sanctions and penalty requirements in states that within 35 calendar days of national and international parts of the the proposed rule. The proposed the closing date for the receipt of annual charity list. The proposed CFC calendar changes simply clarified and

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consolidated the many sections that the audited financial statements for the I b. Add the definitions of Campaign dealt with penalties and sanctions into national organization, but must submit Period, Charity List, and Independent a single section 950.603(a). The page 1 and Part V of a pro forma IRS Organization in alphabetical order; and requirements are those required by Form 990 used to calculate the AFR. I c. In the definition of International Federal law and OPM will adopt these General Designation Option remove the Regulatory Flexibility Act changes in the final rule. word ‘‘campaign’’. The additions read as follows: Proposed Regulations Withdrawn in I certify that this regulation will not have a significant economic impact on Favor of Existing Regulations § 950.101 Definitions. a substantial number of small entities. 1. Current section 950.103(g) prohibits Charitable organizations applying to the * * * * * solicitation of contractor personnel, CFC have an existing, independent Campaign Period means generally a credit union employees and other obligation to comply with the eligibility 24 month period beginning with the persons employed on Federal premises, and public accountability standards selection of a Principal Combined Fund and retired Federal employees but contained in current CFC regulations. Organization (PCFO) or renewal of the allows these individuals an opportunity Streamlining these standards will be existing PCFO’s agreement with a Local to participate in the CFC by making less burdensome. Federal Coordinating Committee (LFCC) single contribution. OPM’s proposal to and ending with the final disbursements revise this rule by eliminating Executive Order 12866, Regulatory to charitable organizations participating restrictions against the solicitation of Review in a local campaign. the above personnel received extensive This rule has been reviewed by the Charity List means the official list of comments from the Office of Office of Management and Budget in charities approved by OPM and the Government Ethics (OGE). In particular, accordance with Executive Order 12866. LFCC for inclusion in the CFC within a the OGE stated that the proposed rule given geographic solicitation area. The did not specify any standards governing List of Subjects in 5 CFR Part 950 Charity List will consist of three parts: the circumstances under which the Administrative practice and the National/International part, the solicitations may occur. OPM agrees this procedures, Charitable contributions, International part, and the Local part. is an issue that requires additional study Government employees, Military Organizations that provide services, and is not adopting the portion of the personnel, Nonprofit organizations, and benefits, assistance, or program proposed rule that would have allowed Reporting and recordkeeping activities in 15 or more different states the solicitation of non-Federal requirements. or a foreign country can choose to be personnel. OPM will retain the existing listed on either the International or regulation in order to have more time to Office of Personnel Management. National/International part, except for re-examine this issue, while clarifying Linda M. Springer, members of a federation, which must be that donations offered by non-Federal Director listed with the federation. Organizations personnel must be accepted. OPM I that provide services, benefits, adopts the portion of the proposed rule Accordingly, OPM amends 5 CFR part 950 as follows: assistance, or program activities in 15 or that allows for other electronic means of more different states but no foreign contributing, including credit cards, PART 950—SOLICITATION OF countries will be listed on the National/ upon approval by the Director. FEDERAL CIVILIAN AND UNIFORMED International part. All qualifying local 2. Sections 950.204(b)(2)(iii) and SERVICE PERSONNEL FOR organizations within a CFC geographic (b)(2)(iv) were proposed additions to the CONTRIBUTIONS TO PRIVATE solicitation area will be listed on the regulations intended to recognize VOLUNTARY ORGANIZATIONS Local part associated with the campaign financial relationships between national for that local CFC area. organizations and their bona fide local I 1. The authority citation for part 950 * * * * * affiliates and to remove certain continues to read as follows: Independent Organization means a requirements depending on how those charitable organization that is not a relationships were structured. OPM Authority: E.O. 12353 (March 23, 1982), 47 member of a federation for the purposes received numerous comments opposing FR 12785 (March 25, 1982). 3 CFR, 1982 of the Combined Federal Campaign. the proposed changes which pointed to Comp., p. 139. E.O. 12404 (February 10, 1983), 48 FR 6685 (February 15, 1983), Pub. * * * * * the emerging trends among national L. 100–202, and Pub. L. 102–393 (5 U.S.C. charitable organization structures to 1101 Note). I 4. In § 950.102 amend paragraph (a) operate as single corporations with by removing the text ‘‘6 week’’ from the I affiliates. OPM is not adopting the 2. Amend part 950 as follows: second sentence, and amend paragraph proposed regulations and will retain a I a. Remove the words ‘‘brochure’’ and (c) by adding two sentences at the end slightly modified version of the existing ‘‘brochures’’ and add in their place of the paragraph to read as follows: regulatory language as its final rule. ‘‘Charity List’’ and ‘‘Charity Lists’’, OPM has modified section 950.401(i) to respectively, wherever they appear; § 950.102 Scope of the Combined Federal clarify that local chapters/affiliate I b. Remove the words ‘‘card’’ and Campaign. organizations must satisfy CFC ‘‘cards’’ and add in their place ‘‘form’’ * * * * * eligibility criteria and must and ‘‘forms’’, respectively, wherever (c) * * * OPM has the authority to independently demonstrate services and they appear; and audit, investigate, and report on the accountability through the submission I c. Remove the words ‘‘materials’’, administration of any campaign, the of independent documentation as ‘‘pamphlet’’, and ‘‘pamphlets’’ and add organization that administers the required in sections 950.202, 950,203 or in their place ‘‘information’’ wherever campaign, and any national, 950.204, except that a chapter or they appear. international and local federation, affiliate that is part of a single federation member or independent corporation or part of a group I 3. In § 950.101: organization that participates in the exemption may rely on the 26 U.S.C. I a. Remove the definition of Campaign campaign for compliance with these 501(c)(3) tax-exempt determination and Year; regulations. The Director resolves any

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issues reported and determines § 950.104 Local Federal Coordinating I e. Remove paragraph (e). sanctions or penalties, as warranted Committee responsibilities. under § 950.603. * * * * * § 950.106 [Amended] * * * * * (b) * * * I 8. In § 950.106, amend paragraph (a) (6) Encouraging local Federal agencies by removing the number ‘‘10’’ and I 5. In § 950.103, revise paragraphs (f), to appoint loaned executives to assist in adding in its place ‘‘110.’’ (g) and (h) to read as follows: the campaign. CFC loaned executives’ time should be charged to regular § 950.109 [Amended] § 950.103 Establishing a local campaign. working hours. It is not appropriate to I 9. In § 950.109, amend the first * * * * * place a CFC loaned executive on sentence by adding the words ‘‘serve in (f) Each year the LFCC must establish administrative leave, leave without pay, any official capacity in any organization the time period during which CFC or annual leave. Federal loaned that serves as the PCFO of the local CFC, solicitation may take place. The executives are prohibited from working or’’ before the word ‘‘participate’’. solicitation may not begin before on non-CFC fundraising activities I 10. Amend § 950.201 as follows: September 1 and in no event will it during duty hours. I a. Revise the section heading; extend beyond December 15 of each * * * * * I b. Revise paragraphs (a)(1) through year. (c) The LFCC must select a PCFO to (c)(3). (g) Current Federal civilian and active act as its fiscal agent and campaign The amendments to § 950.201 read as duty military employees may be coordinator on the basis of presentations follows: made to the LFCC as described in solicited for contributions using payroll § 950.201 National/international eligibility. deduction, checks, money orders, or § 950.105(c). The LFCC may, in its discretion, select a PCFO to serve in that (a) * * * cash, or by electronic means, including (1) Determine the timetable and other credit cards, as approved by the role for up to three campaign periods, subject to renewal each year following procedures regarding application for Director. Contractor personnel, credit inclusion in the National/International union employees and other persons a review of performance as defined in § 950.105. The LFCC must consider the and International parts of the Charity present on Federal premises, as well as List. retired Federal employees, may make capacity of the organization to manage an efficient and effective campaign, its (2) Determine which organizations single contributions to the CFC through among those that apply qualify to be checks, money orders, or cash, or by history of public accountability, use of funds, truthfulness and accuracy in included in the National/International electronic means, including credit and International parts of the Charity cards, as approved by the Director. solicitations, and sound governance and fiscal management practices as the List and then provide these parts of the These non-Federal personnel may not Charity List of qualified organizations to be solicited, but donations offered by primary factors in selecting a PCFO. The LFCC must solicit applications on a all local campaigns. In order to such persons must be accepted by the determine whether an organization may local campaigns. competitive basis for the PCFO no later than a date to be determined by OPM participate in the campaign, the Director (h) A Federal employee whose official and, if the LFCC exercises discretion to may request evidence of corrective duty station is outside the geographic enter into a multi-year arrangement, action regarding any prior violation of boundaries of an established CFC may upon completion of the multi-year term. regulation or directive, sanction, or not be solicited in that CFC. A Federal The LFCC shall solicit applications via penalty, as appropriate. The Director employee may participate in a particular outreach activities including: Public retains the ultimate authority to decide CFC only if that employee’s official duty notice in newspapers, postings on Web whether the organization has station is located within the geographic sites, advertising in trade journals, demonstrated, to the Director’s boundaries of that CFC. This restriction dissemination among participating CFC satisfaction, that the organization has may be discontinued upon organizations and federations, and/or taken appropriate corrective action. implementation of appropriate outreach through local or state nonprofit Failure to demonstrate satisfactory electronic technology that allows associations and training centers, among corrective action or to respond to the removal of the need for geographic others. The PCFO application period Director’s request for information within restrictions on giving as determined by must be open a minimum of 21 calendar 10 business days of the date of the the Director. Upon a showing of days. Costs incurred for soliciting request may result in a determination extraordinary circumstances, as applications must be added to the PCFO that the organization will not be determined in the sole discretion of the budget as an administrative cost. included in the Charity List. Director, Federal employees may (b) The National/International and contribute in support of victims in cases § 950.105 [Amended] International parts of the Charity List of emergencies and disasters defined in I 7. Amend § 950.105 as follows: shall be included in the Charity List in § 950.102(a) outside the geographic I a. In paragraph (b), remove the word accordance with these regulations. The boundaries of their participating CFC. ‘‘printed’’ in the second sentence and Charity List will include each Such contributions can be check, money add in its place the word ‘‘developed’’; organization’s CFC code and other order, or cash or by electronic means, I b. In paragraph (d)(3), remove the information as determined by OPM. including credit cards, as approved by word ‘‘address’’ and add in its place These CFC codes must be verbatim the Director, but shall not be made ‘‘contact information’’; reproduced in the Charity List. through payroll deduction. I c. In paragraph (d)(6), add the text ‘‘, (c) An organization on the National/ International or International parts of I contact information and contribution 6. Amend § 950.104 as follows: amounts’’ after the word ‘‘names’’; the Charity List may elect to be removed I a. In paragraphs (b)(4) and (b)(5), I d. In paragraph (d)(10), remove the from the applicable part of the Charity remove the word ‘‘local’’; and word ‘‘reprinting’’ and add in its place List and have its local affiliate or I b. Revise paragraphs (b)(6) and (c) to ‘‘reproduction and/or reissuing’’ and subunit listed on the Local part of the read as follows: remove the number ‘‘10’’ and add in its Charity List of organizations in its stead. The revisions read as follows: place ‘‘110’’; and For the local affiliate or subunit to be

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listed in lieu of the organization on the Organizations that issue student the audited financial statements National/International or International scholarships or fellowships must included in the 2007 application must parts, the following procedures must be indicate the state in which the recipient cover the fiscal period ending on or after followed: resides, not the state of the school or June 30, 2005. (1) The organization must send a place of fellowship. Mere dissemination (3) Certify that it prepares and letter to the local affiliate or subunit in of information does not demonstrate submits to the IRS a complete copy of that particular geographic CFC, waiving acceptable provision of real services. the organization’s IRS Form 990 or that its listing on the National/International While it is not expected that an it is not required to prepare and submit or International part of the Charity List organization maintain an office in each an IRS Form 990 to the IRS. Provide a so that its eligible local affiliate or state or foreign country, a clear showing completed copy of the organization’s subunit listed in the Local part of the must be made of the actual services, IRS Form 990 submitted to the IRS Charity List in that geographic CFC will benefits, assistance or activities covering a fiscal period ending not more appear as that organization’s sole listing provided in each state or foreign than 18 months prior to the January of in the Charity List. country. De minimis services, benefits, the year of the campaign for which the (2) The local affiliate or subunit will assistance, or other program activities in organization is applying, including include in its application to the LFCC a any state or foreign country will not be signature, supplemental statements and copy of the letter authorizing the accepted as a basis for qualification as Schedule A, with the application, or if removal of the organization from the a national or international organization. not required to file an IRS Form 990, National/International or International (b) Certify that it is an organization provide a pro forma IRS Form 990 page part of the Charity List, as well as all the recognized by the Internal Revenue 1 and Part V only. IRS Forms 990EZ, required materials for completing a local Service as tax exempt under 26 U.S.C. 990PF, and comparable forms are not organization application. 501(c)(3) to which contributions are acceptable substitutes. The IRS Form (3) Upon finding the local deductible under 26 U.S.C. § 170(c)(2) 990 and audited financial statements organization eligible, the waiver letter and that the organization is further must cover the same fiscal period. from the organization on the National/ classified as a public charity under 26 (4) Provide a computation of the International or International part U.S.C. § 509(a). A copy of the letter(s) organization’s percentage of total authorizes the LFCC to delete that from the Internal Revenue Service support and revenue spent on organization from the National/ granting tax exempt and public charity administrative and fundraising. This International or International part of the status must be included in the percentage shall be computed from Charity List. organization’s application. information on the IRS Form 990 submitted pursuant to § 950.203(a)(3). I 11. Revise § 950.202 to read as I 12. Amend § 950.203 as follows: follows: I a. Remove paragraphs (a)(9) through * * * * * (a)(11), and (a)(13) and redesignate I § 950.202 National/international eligibility 13. Amend § 950.204 as follows: paragraph (a)(12) as (a)(9); I requirements. a. Revise the section heading; I b. In paragraph (a) introductory text, I b. In paragraphs (a) and (b) (a) Certify that it provides or conducts remove the words ‘‘national list’’ in the introductory text, remove the word real services, benefits, assistance, or first sentence; ‘‘local’’; program activities, in 15 or more I c. In paragraph (a)(1), remove the I c. Revise paragraph (b)(1); different states or a foreign country over second sentence; I d. Revise paragraph (b)(2)(ii) and the 3 year period immediately preceding I d. Revise paragraphs (a)(2) through (b)(2)(iii); the start of the year involved. This (a)(4); and I e. Revise paragraph (e); requirement cannot be met on the sole I e. In the newly redesignated I f. In paragraph (f), remove the word basis of services provided through an paragraph (a)(9), remove the phrase ‘‘print’’ from the first sentence and add ‘‘800’’ telephone number or by ‘‘national list’’ and add the phrase in its place ‘‘produce’’ and remove the disseminating information and ‘‘Charity List’’ in its place. word ‘‘campaign’’ from the first publications via the U.S. Postal Service, The revisions read as follows: sentence the first time it appears; and the internet, or a combination thereof. A I g. Add new paragraph (g). schedule listing a detailed description § 950.203 Public accountability standards. The revisions and addition read as of the services in each state (minimum (a) * * * follows: 15) or foreign countries (minimum 1), (2) Certify that it accounts for its including the year of service, must be funds on an accrual basis (cash, § 950.204 Local eligibility. included with the CFC application. The modified cash, modified accrual and * * * * * schedule must make a clear showing of any other methods of accounting are not (b) * * * national or international presence. acceptable) in accordance with (1) An organization must demonstrate Broad descriptions of services and generally accepted accounting to the satisfaction of the LFCC of the identical repetitive narratives will not principles and that an audit of its fiscal appropriate local campaign, that it has be accepted in the sole discretion of operations is completed annually by an a substantial local presence in the OPM if they do not allow OPM to independent certified public accountant geographical area covered by the local adequately determine that real services in accordance with generally accepted campaign, a substantial local presence were provided or to accurately auditing standards. A copy of the in the geographical area covered by an determine the individuals or entities organization’s most recent annual adjacent local campaign, or substantial who benefited. Providing listings of audited financial statements must be statewide presence. Eligibility to affiliated groups does not sufficiently included with the application. The participate in an adjoining campaign on demonstrate provision of real services audited financial statements must cover the basis of adjacency or statewide by the applicant. Location of residence the fiscal period ending not more than presence may be discontinued upon of organization members or location of 18 months prior to the January of the implementation of appropriate residence of visitors to a facility does year of the campaign for which the electronic technology that allows not substantiate provision of services. organization is applying. For example, removal of the need for geographic

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restrictions on giving as determined by (iii) An organization seeking local I f. Revise paragraph (e)(2). the Director. eligibility in Puerto Rico, the U.S. Virgin The revisions read as follows: (i) Substantial local presence is Islands, the Commonwealth of Northern defined as a staffed facility, office or Mariana Islands, American Samoa, or § 950.301 National and international federations eligibility. portion of a residence dedicated Guam is exempt from the requirements exclusively to that organization, of § 950.202(b), but the organization (a) The Director may recognize available to members of the public must include with its CFC application national and international federations seeking its services or benefits. The the appropriate documentation from its that conform to the requirements and facility must be open at least 15 hours governing authority demonstrating its are eligible to receive designations. The a week and have a telephone dedicated status as a charitable organization. Director may from time to time place a moratorium on the recognition of exclusively to the organization. The * * * * * office may be staffed by volunteers. (e) Local eligibility determinations. national and international federations. Substantial local presence cannot be The LFCC shall communicate its In order to determine whether the met on the basis of services provided eligibility decisions by a date to be Director will recognize a national or solely through an ‘‘800’’ telephone determined by OPM as part of the international federation, the Director number, the internet, the U.S. Postal annual timetable issued by the Director may request evidence of corrective Service or a combination thereof. under § 950.801(b). Denial of the action regarding any prior violation of (ii) An adjacent local campaign is application by the LFCC must be sent regulation or directive, sanction, or defined as a local campaign whose via U.S. Postal Service certified or penalty, as appropriate. The Director geographic border touches the registered mail with a return receipt retains the ultimate authority to decide geographic border of another local requested. Approvals may be sent via whether the federation has campaign. Participation in a local U.S. Postal Service regular first class demonstrated, to the Director’s campaign via an adjacency mail. Applicants denied eligibility may satisfaction, that the federation has determination does not grant the appeal in accordance with § 950.205. taken appropriate corrective action. organization a substantial local presence Failure to demonstrate satisfactory in the adjacent local campaign and * * * * * corrective action or to respond to the participating via adjacency cannot be (g) In order to determine whether an Director’s request for information within used to establish adjacency to local organization may participate in the 10 business days of the date of the campaigns bordering the adjacent campaign, the LFCC may request request may result in a determination campaign area. evidence of corrective action regarding that the federation will not be included (iii) Substantial statewide presence is any prior violation of regulation or in the Charity List. defined as providing or conducting real directive, sanction, or penalty, as * * * * * services, benefits, assistance or program appropriate. The LFCC will decide (c) An organization may apply to the activities covering 30 percent of a state’s whether the organization has Director for inclusion as a national or geographic boundaries or providing or demonstrated, to the LFCC’s international federation to participate in conducting real services, benefits, satisfaction, that the organization has the CFC if the applicant has, as assistance or program activities affecting taken appropriate corrective action. members of the proposed federation, 15 30 percent of a state’s population. Failure to demonstrate satisfactory or more charitable organizations, in Substantial statewide presence cannot corrective action or to respond to the be met on the basis of services provided LFCC’s request for information within addition to the federation itself, that solely through an ‘‘800’’ telephone 10 business days of the date of the meet the eligibility criteria of §§ 950.202 number, the internet, the U.S. Postal request may result in a determination and 950.203. The initial year an Service or a combination thereof. that the organization will not be organization applies for federation (2) * * * included in the local part of the Charity status, it must submit the applications (ii) A local charitable organization List. of all its proposed member with annual revenue of less than organizations in addition to the $100,000 reported on its IRS Form 990 § 950.205 [Amended] federation application. A federation or pro form IRS Form 990 submitted to I 14. In § 950.205, amend paragraph must re-establish eligibility each year, the CFC is not required to undergo an (c)(4) by removing the word ‘‘and’’ and however only the applications of its audit or to submit audited financial adding to the end of the sentence the new and former members that were not statements. Rather, the organization text ‘‘and supporting information to within the federation, as a CFC must certify that it has controls in place justify the reversal of the original participant, in the previous year’s to ensure that funds are properly decision’’. campaign need accompany the annual accounted for and that it can provide federation application once an accurate and timely financial I 15. Amend § 950.301 as follows: organization has obtained federation information to interested parties. A local I a. Revise the section heading and status, unless additional member organization with annual revenue of at paragraph (a); applications are requested by the least $100,000 but less than $250,000 I b. Revise paragraph (c); Director. must certify that it accounts for its funds I c. In paragraph (d), remove the word * * * * * on an accrual basis in accordance with ‘‘decertification’’ in the last sentence (e) * * * generally accepted accounting and add in its place the words (2) That it meets the eligibility principles and that an audit of its fiscal ‘‘withdrawal of federation status’’; requirements and public accountability operations is completed annually as I d. In paragraph (e) introductory text, standards contained in §§ 950.202 and described in section 950.203(a)(2), but add the words ‘‘or international’’ after 950.203. The federation can such organization does not have to the word ‘‘national’’; demonstrate that it has met the submit a copy of its audited financial I e. In paragraph (e)(1), remove the eligibility requirement in § 950.202(a) statements with its CFC application, word ‘‘national list’’ and add the words either through its own services, benefits, unless requested to do so by the LFCC ‘‘National or International part of the assistance or program activities or or Director. Charity List’’ in its place; and through its 15 members’ activities.

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(i) The federation must complete the each individual campaign. The additional member applications are certification set forth at § 950.203(a)(2) proportionate share of receipts is requested by the LFCC. without regard to the amount of revenue determined by donor designations to the * * * * * reported on its IRS Form 990 and must individual member organization as provide a copy of its audited financial compared to total campaign (e) * * * statements. The audited financial designations. (2) That it meets the eligibility requirements contained in § 950.204 statements provided must verify that the I federation is honoring designations 17. Amend § 950.303 as follows: (including eligibility requirements and I a. Revise paragraph (a); made to each member organization by public accountability standards of I b. Revise paragraph (c); distributing a proportionate share of I c. In paragraph (d), remove the word §§ 950.202 and 950.203 that are receipts based on donor designations to ‘‘decertification’’ in the last sentence incorporated by reference). The each member. The audit requirement is and add in its place the words federation can demonstrate that it has waived for newly created federations ‘‘withdrawal of federation status’’; and met the eligibility requirement in operating for less than a year as I d. Revise paragraph (e)(2). § 950.204(b)(1) either through its own determined from the date of its IRS tax- The revisions read as follows: services, benefits, assistance or program exemption letter to the closing date of activities or through its 15 members’ the CFC application period. § 950.303 Local federations’ eligibility. activities. (ii) The federation must provide a (a) LFCC’s must approve local (i) The federation must complete the listing of its board of directors, federations that meet the applicable certification set forth at § 950.203(a)(2) beginning and ending dates of each requirements, except that in order to without regard to the amount of revenue member’s current term of office, and the determine whether the LFCC must reported on its IRS Form 990 and must board’s meeting dates and locations for recognize a local federation, the LFCC provide a copy of its audited financial the year prior to the year of the may request evidence of corrective statements. The audited financial campaign for which the organization is action regarding any prior violation of statements provided must verify that the applying. regulation or directive, sanction, or federation is honoring designations (iii) The federation must certify that it penalty, as appropriate. A local made to each member organization by prepares and makes available to the federation that has been notified that it distributing a proportionate share of public, upon request, an annual report will not be included on the Local part receipts based on donor designations to that includes a full description of the of the Charity List because of failure to each member. The audit requirement is organization’s activities and supporting correct a prior violation may appeal the waived for newly created federations services and identifies its directors and LFCC’s decision to the Director in operating for less than a year as chief administrative personnel. The accordance with § 950.205(b). The determined from the date of its IRS tax- federation must provide a copy of its Director retains the ultimate authority to exemption letter to the closing date of most recently completed annual report decide whether the local federation has the CFC application period. covering the fiscal period ending not demonstrated, to the Director’s (ii) The federation must provide a more than 18 months prior to January of satisfaction, that the local federation has listing of its board of directors, the campaign year to which the taken appropriate corrective action. beginning and ending dates of each federation is applying or the preceding Failure to demonstrate satisfactory member’s current term of office, and the calendar year. The annual report must corrective action or to respond to a board’s meeting dates and locations for also include an accurate description of request by the LFCC or Director for the year prior to the year of the the federation’s membership dues and/ information within 10 business days of campaign for which the organization is or service charges received by the the date of the request may result in a applying. federation from the charitable determination that the local federation organizations participating as members. will not be included in the Local part of (iii) The federation must certify that it The information must clearly present the Charity List. prepares and makes available to the the amounts raised, the sources of * * * * * public, upon request, an annual report contributions, the cost of fundraising, (c) An organization may apply to the that includes a full description of the and how costs are recovered from LFCC for inclusion as a local federation organization’s activities and supporting donations. to participate in the CFC if the applicant services and identifies its directors and * * * * * has as members of the proposed chief administrative personnel. The federation 15 or more charitable federation must provide a copy of its I 16. Amend § 950.302 as follows: organizations, in addition to the most recently completed annual report I a. Revise the section heading; federation itself, that meet the eligibility covering the fiscal year ending not more I b. In paragraph (a), add the words than 18 months prior to January of the ‘‘and international’’ after the word criteria of §§ 950.202, 950.203 and 950.204. The initial year an organization campaign year to which the federation ‘‘National’’; is applying or the preceding calendar I applies for federation status, it must c. Revise paragraph (c); and year. The annual report must also I submit to the LFCC applications of all d. Remove paragraphs (d) and (e). include an accurate description of the The revision reads as follows: its proposed member organizations in addition to the federation application. A federation’s membership dues and/or § 950.302 Responsibilities of national and federation must re-establish eligibility service charges received by the international federations. each year, however only the federation from the charitable * * * * * applications of its new and former organizations participating as members. (c) Each federation, as fiscal agent for members that were not within the The information must clearly present its member organizations, must ensure federation, as a CFC participant, in the the amounts raised, the sources of that Federal employee designations are previous year’s campaign need contributions, the cost of fundraising, honored in that each member accompany the annual federation and how costs are recovered from organization receives its proportionate application once an organization has donations. share of receipts based on the results of obtained federation status, unless * * * * *

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I 18. In § 950.304, revise paragraph (c) will consist of faithful reproductions of letter and, to the extent required by and remove paragraphs (d) and (e) to the parts of National/International and § 950.204(b)(2)(ii), audited financial read as follows: International organizations, including statements, may submit the national federations, provided by OPM. The organization’s 26 U.S.C. 501(c)(3) tax § 950.304 Responsibilities of local third part, the Local part, is determined exemption letter and audited financial federations. by the LFCC. The order of listing of the statements, but must provide its own * * * * * federated and independent pro forma IRS Form 990, page 1 and Part (c) Each federation, as fiscal agent for organizations within the three separate V only, for CFC purposes. The local its member organizations, must ensure parts will be determined by random organization must submit a certification that Federal employee designations are drawing. The order of organizations from the Chief Executive Officer (CEO) honored in that each member within each federation will be or CEO equivalent of the national organization receives its proportionate determined by the federation. The order organization stating that it operates as a share of receipts based on the results of within the National/International, bonafide chapter or affiliate in good each individual campaign. The International and Local independent standing of the national organization proportionate share of receipts is groups will be alphabetical. Absent and is covered by the national determined by donor designations to the specific instructions from OPM to the organization’s 26 U.S.C. 501(c)(3) tax individual member organization as contrary, each participating organization exemption, IRS Form 990 and audited compared to total campaign and federated group listing must financial statements. A national designations. include a description, not to exceed 25 organization may waive its listing in the words, of its services and programs, I 19. Amend § 950.401 as follows: National/International or International plus a telephone number for the Federal I a. In paragraph (a), remove the word parts of the Charity List in favor of its donor to request further information ‘‘printed’’ in the second sentence and local affiliate by following the about the group’s services, benefits, and add in its place ‘‘developed’’; procedures set forth in § 950.201(c). administrative expenses. Each listing I b. In the first sentence of paragraph (j) Multiple Listing Prohibited. Except will include the organization’s as provided in paragraph (i) of this (e), add the words ‘‘source of’’ after the administration and fundraising section, once an organization is deemed word ‘‘official’’, remove the word percentage as calculated pursuant to eligible, it is entitled to only one listing ‘‘package’’, and add the words ‘‘either in § 950.203(a)(4). Neither the percentage in the Charity List, regardless of the hard copy or electronic format’’ after the of administrative and fundraising number of federations to which that word ‘‘available’’; expenses, nor the telephone number I organization belongs. c. In paragraph (f), remove the word count toward the 25-word statement. ‘‘package’’ in the first and second (3) Each federation and charitable * * * * * sentences and add in its place ‘‘design’’; organization will be assigned a code in I I d. Revise the introductory paragraph a manner determined by the Director. At 20. Amend § 950.402 as follows: of (g)(1); the beginning of each federated group’s I a. In paragraph (a), remove the word I e. Revise paragraphs (g)(2) through (j); listing will be the federation’s name, ‘‘year’’ and add in its place ‘‘period’’; and code number, 25-word statement, I b. In paragraph (c), add to the end of I f. In paragraph (k), remove the word percentage of administrative and the second sentence the text ‘‘, except in ‘‘year’’ and add in its place ‘‘period’’, fundraising expenses, and telephone cases of emergencies or disasters as and add to the end of the sentence the number. The sections of the Charity List approved by the Director’’, and add a text ‘‘or if the LFCC can demonstrate to where the independent organizations new third sentence; and the satisfaction of the Director that it are listed will begin with the titles I can make the same information c. In paragraph (d), revise the last National/International Independent sentence. available electronically without Organizations, International disrupting donor opportunities to Independent Organizations and Local The addition and revision read as contribute.’’ Independent Organizations, follows: The revisions read as follows: respectively. § 950.402 Pledge Form. (h) Omission of an eligible charitable § 950.401 Campaign and publicity * * * * * information. organization from the Charity List may require that the Charity List be corrected (c) * * * This restriction does not * * * * * and reissued. Such an omission must be apply upon implementation of (g) * * * reported to OPM immediately upon electronic technology that removes the (1) OPM will include in the annual discovery. The Director or LFCC may geographic restrictions on giving as distribution of the National/ direct that the cost of such correction announced by the Director. International and International parts of and reissue be borne by the PCFO or (d) * * * For example, if an employee the Charity List explicit instructions for charged to CFC administrative expenses. indicates a total gift of $100 on the the production of the Charity List and (i) Listing of National and Local pledge form, but designates $50 to one language to be reproduced verbatim in Affiliate. Listing of a national organization and $25 to each of three the introductory section. The general organization, as well as its local affiliate other organizations, the PCFO must information provided will include: organization, is permitted. Each national adjust the pledges proportionately by * * * * * or local organization must individually entering a pledge of $40 to the first (2) Following the introductory meet all of the eligibility criteria and organization and $20 to each of the section, the Charity List will consist of submit independent documentation as three other organizations. three parts—the National/International, required in § 950.202, § 950.203 or the International, and the Local. The § 950.204 to be included in the Charity § 950.403 [Removed] order of these three parts will be List, except that a local affiliate of a I 21. Remove § 950.403. annually rotated in accordance with national organization that is not OPM instructions. The National/ separately incorporated, in lieu of its I 22. Revise § 950.601 to read as International and International parts own 26 U.S.C. 501(c)(3) tax exemption follows:

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§ 950.601 Release of contributor violating these regulations, other decision on the record, taking into information. applicable provisions of law, or any consideration the recommendation (a) The pledge form, designed directive or instruction from the submitted by the hearing officer. The pursuant to § 950.402, must allow a Director. The Director will determine Director’s final decision will be contributor to indicate if the contributor the appropriate sanction and/or penalty, communicated in writing to the does wish his or her name, contribution up to and including expulsion from the federation, with a copy to the amount, and home contact information CFC. In determining the appropriate appropriate LFCC. forwarded to the charitable organization sanction and/or penalty, the Director (3) A federation, charitable or organizations designated. A PCFO’s will consider previous violations, harm organization or PCFO sanctioned or failure to honor a contributor’s wish to Federal employee confidence in the penalized under any provision of these may result in the PCFO being CFC, and any other relevant factors. The regulations must demonstrate to the sanctioned or penalized as provided for Director may bar a federation or satisfaction of the Director that it has in § 950.603(a). charitable organization from serving as taken corrective action to resolve the (b) The pledge form shall permit a PCFO, for a period not to exceed one reason for sanction and/or penalty and contributor to specify which campaign period, if it is determined that has implemented reasonable and information, if any, he or she wishes that the federation or charitable appropriate controls to ensure that the released to organizations receiving his organization has violated any provisions situation will not occur again prior to or her donations. of these regulations. A federation, being allowed to participate in (c) It is the responsibility of the PCFO charitable organization or PCFO will be subsequent CFCs and/or serving as a to forward the contributor information notified in writing of the Director’s PCFO for a campaign. for those who have indicated that they intent to sanction and/or penalize and * * * * * wish this information released to the will have 10 business days from the date I recipient organization directly, if the of receipt of the notice to submit a 25. Revise § 950.604 to read as organization is independent, and to the written response. The Director’s final follows: organization’s federation if the decision will be communicated in organization is a member of a § 950.604 Records retention. writing to the federation, charitable Federations, PCFOs and other federation. The PCFO may not sell or organization, or PCFO, with a copy to make any other use of this information. participants in the CFC shall retain the appropriate LFCC. documents pertinent to the campaign I 23. In § 950.602, revise paragraph (b) (2) The Director may withdraw for at least three completed campaign to read as follows: federation status with respect to a periods. For example, documentation national, international or local § 950.602 Solicitation methods. regarding the 2006 campaign must be federation that makes a false retained through the completion of the * * * * * certification or fails to comply with any 2007, 2008 and 2009 campaign periods (b) Special CFC fundraising events, directive of the Director, or to respond such as raffles, lotteries, auctions, bake (i.e. until early 2011). Documents in a timely fashion to a request by the requested by OPM must be made sales, carnivals, athletic events, or other Director or LFCC for information or activities not specifically provided for available within 10 business days of the cooperation, including with respect to request. in these regulations are permitted an investigation or in the settlement of during the campaign period if approved disbursements. The LFCC may I 26. Amend § 950.801 as follows: I by the appropriate agency head or recommend the withdrawal of a. Revise paragraphs (a)(1) through (4); government official, consistent with and federation status with respect to a local I agency ethics regulations. CFC special federation. As stated in §§ 950.301(d) b. In paragraph (b), add the words fundraising events should be and 950.303(d), failure to meet ‘‘and international’’ in the first sentence undertaken in the spirit of generating minimum federation eligibility after the word ‘‘national’’, and add a interest in the CFC and be open to all requirements shall not be deemed to be new second sentence. The revisions and addition read as individuals without regard to whether a withdrawal of federation status subject follows: an individual participates in the CFC. to a hearing on the record. Eligibility Chances to win must be disassociated decisions shall follow the procedures in § 950.801 Campaign schedule. from amount of contributions, if any. §§ 950.301(f) and 950.303(f). A Raffle prizes should be modest in nature (a) * * * federation will be notified in writing of (1) During a period between December and value. Examples of appropriate the Director’s intent to withdraw and January, as determined by the raffle prizes may include opportunities federation status for a period of up to Director, OPM will accept applications for lunch with Agency Officials, agency one campaign period and will have 10 from organizations seeking to be listed parking spaces for a specific time business days from the date of receipt of on the National/International and period, and gifts of minimal financial the notice to submit a written response. International parts of the Charity List. value. Any special CFC fundraising On receipt of the response, or in the (2) The Director will determine a date event and prize or gift should be absence of a timely response, the after the closing of the receipt of approved in advance by the Agency’s Director or representative shall set a applications by which the Director will ethics official. date, time, and place for a hearing. The issue notices to each national and * * * * * federation shall be notified at least 10 international applicant organization of I 24. In § 950.603, revise the section business days in advance of the hearing. the results of the Director’s review. The heading and paragraph (a) to read as A hearing shall be conducted by a date will be part of the annual timetable follows: hearing officer designated by the issued by the Director under Director unless it is waived in writing § 950.801(b). § 950.603 Sanctions and penalties. by the federation. After the hearing is (3) Local Federal Coordinating (a)(1) The Director may impose held, or after the Director’s receipt of the Committees must select a PCFO no later sanctions or penalties on a federation, federation’s written waiver of the than a date to be determined by OPM. charitable organization or PCFO for hearing, the Director shall make a final The date will be part of the annual

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timetable issued by the Director under I b. In paragraph (c)(2), add the word if any, allocated to them. The date will § 950.801(b). ‘‘paper’’ after the word ‘‘each’’, and add be part of the annual timetable issued by (4) The Director will issue the the text ‘‘or an acceptable electronic the Director under § 950.801(b). National/International and International version’’ after the word ‘‘authorization’’; (2) The PCFO is responsible for the I parts of the Charity List to all local c. In paragraph (f)(1), add the text accuracy of disbursements it transmits campaigns by a date to be determined ‘‘pay period number,’’ after the word to recipients. It shall transmit by OPM. The date will be part of the ‘‘period,’’; and disbursements at least quarterly, minus I annual timetable issued by the Director d. Revise paragraphs (i)(1) and (i)(2); the approved proportionate share for under § 950.801(b). The revisions read as follows: administrative cost reimbursement and * * * * * § 950.901 Payroll allotment. the PCFO fee set forth in § 950.106. It (b) * * * The Director will issue the shall remit the contributions to each timetable for a campaign period no later * * * * * (i) * * * organization or to the federation, if any, than October 31 of the year preceding of which the organization is a member. the campaign period. (1) The PCFO shall notify the federations, national and international The PCFO will distribute all CFC I 27. Amend § 950.901 as follows: organizations, and local organizations as receipts beginning April 1, and I a. In paragraph (c)(1), remove the text soon as practicable after the completion quarterly thereafter. At the close of each ‘‘printed or purchased from a central of the campaign, but in no case later disbursement period, the PCFO’s CFC source’’ and add in its place than a date to be determined by OPM, account shall have a balance of zero. ‘‘reproduced’’, and remove the word of the amounts, if any, designated to * * * * * ‘‘distributed’’ and add in its place them and their member agencies and of [FR Doc. E6–19628 Filed 11–17–06; 8:45 am] ‘‘made available’’; the amounts of the undesignated funds, BILLING CODE 6325–46–P

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Reader Aids Federal Register Vol. 71, No. 223 Monday, November 20, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 7 CFR Presidential Documents 2 CFR Executive orders and proclamations 741–6000 180...... 66431 301...... 66829, 66831 800...... 65371 The United States Government Manual 741–6000 3 CFR 801...... 65371 Other Services Proclamations: 922...... 66093 Electronic and on-line services (voice) 741–6020 8074...... 64613 930...... 66095, 66833 Privacy Act Compilation 741–6064 8075...... 64615 948...... 66835 Public Laws Update Service (numbers, dates, etc.) 741–6043 8076...... 64617 958...... 65037 981...... 65373 TTY for the deaf-and-hard-of-hearing 741–6086 8077...... 64619 8078...... 64621 983...... 66643 8079...... 64623 984...... 66645 ELECTRONIC RESEARCH 8080...... 64627 993...... 66837 1210...... 64439 World Wide Web 8081...... 65363 8082...... 66429 1290...... 64631 Full text of the daily Federal Register, CFR and other publications 8083...... 66825 1400...... 66432 1430...... 65711 is located at: http://www.gpoaccess.gov/nara/index.html Executive Orders: 2902...... 67031 Federal Register information and research tools, including Public 12170 (See Notice of 4279...... 67032 Inspection List, indexes, and links to GPO Access are located at: November 9, http://www.archives. gov/federallregister 2006) ...... 66227 Proposed Rules: 13067 (See Notice of 46...... 65426 E-mail November 1, 51...... 64478 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 2006) ...... 64629 210...... 65753 an open e-mail service that provides subscribers with a digital 13400 (See Notice of 220...... 65753 form of the Federal Register Table of Contents. The digital form November 1, 301...... 64767 of the Federal Register Table of Contents includes HTML and 2006) ...... 64629 305...... 66881 PDF links to the full text of each document. 13402 (Amended by 319...... 66881 457...... 66694, 66698 To join or leave, go to http://listserv.access.gpo.gov and select 13414) ...... 65365 13412 (See Notice of 966...... 66702 Online mailing list archives, FEDREGTOC-L, Join or leave the list 1205...... 67072 (or change settings); then follow the instructions. November 1, 2006) ...... 64629 1435...... 66142 PENS (Public Law Electronic Notification Service) is an e-mail 13414...... 65365 service that notifies subscribers of recently enacted laws. 9 CFR Administrative Orders: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandums: Proposed Rules: and select Join or leave the list (or change settings); then follow Memorandum of 55...... 64650 the instructions. November 6, 2006 ...... 66223 81...... 64650 Memorandum of 93...... 65758 FEDREGTOC-L and PENS are mailing lists only. We cannot 94...... 65758 respond to specific inquiries. November 14, 2006 ...... 67029 95...... 65758 Reference questions. Send questions and comments about the Notices: 10 CFR Federal Register system to: [email protected] Notice of November 1, The Federal Register staff cannot interpret specific documents or 2006 ...... 64629 20...... 65686 regulations. Notice of November 9, 32...... 65686 2006 ...... 66227 50...... 66648 626...... 65376 FEDERAL REGISTER PAGES AND DATE, NOVEMBER Presidential Determinations: Proposed Rules: 64111–64438...... 1 No. 2006-25...... 64431 35...... 64168 64439–64630...... 2 No. 2006-26 of 50...... 66705 51...... 64169, 67072 64631–64880...... 3 September 29, 64881–65034...... 6 2006 ...... 65035 No. 2006-27 of 12 CFR 65035–65364...... 7 September 29, 308...... 65711 65365–65710...... 8 2006 ...... 65367 328...... 66098 65711–66092...... 9 No. 2007-1...... 64435 611...... 65383 66093–66228...... 13 No. 2007-2...... 64437 612...... 65383 66229–66430...... 14 No. 2007-3 of October 613...... 65383 66431–66642...... 15 16, 2006 ...... 65369 614...... 65383 66643–66824...... 16 615...... 65383 5 CFR 66825–67030...... 17 13 CFR 67031–67290...... 20 550...... 66827 890...... 66828 101...... 65713 892...... 66827 121...... 66434 950...... 67276 123...... 65713

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124...... 66434 520...... 65052 66669, 66673, 66872, 66874 30...... 64181 522...... 64451, 65052 165 ...... 64114, 64116, 64634, 14 CFR 558...... 65053, 66231 66110, 67055, 67057 44 CFR 39 ...... 64441, 64881, 64884, 401...... 66112 64...... 66245 65041, 65043, 65045, 65047, 22 CFR Proposed Rules: 67 ...... 64132, 64141, 64148, 65387, 65389, 65391, 65714, 97...... 64451 110...... 66708 66248, 66250, 66270, 67068 65716, 65719, 66104, 66106, 117 ...... 65443, 66711, 66713, Proposed Rules: 66229, 66657, 66661, 66664, 23 CFR 66895 67 ...... 64183, 64208, 64211, 66666 635...... 66450 151...... 65445 64674, 66285 71...... 64887, 66444 Proposed Rules: 165...... 64662 45 CFR 91...... 66840 630...... 64173 34 CFR 93...... 64111 1624...... 65053 668...... 64378, 64402 97...... 66445, 66447 24 CFR Proposed Rules: 673...... 64378 121...... 66840 291...... 64422, 65322 1621...... 65064 125...... 66840 682...... 64378 135...... 66840 25 CFR 685...... 64378 47 CFR 690...... 64402 Proposed Rules: Proposed Rules: 1...... 66460 691...... 64402 25...... 64478, 65759 15...... 64181 2...... 66460 33...... 66888 18...... 64181 36 CFR 15...... 66876 39 ...... 64482, 64484, 64651, 150...... 64181 Proposed Rules: 36...... 65743 64653, 64904, 65062, 65430, 152...... 64181 1...... 65446 51...... 65424, 65743 66472, 66474, 66889, 66891, 179...... 64181 241...... 66715 52...... 65743 67073, 67075, 67077, 67079, 502...... 66147 251...... 66715 53...... 65743 67082, 67084 546...... 66147 261...... 66715 54...... 65743 71 ...... 66144, 66893, 66894 63...... 65743 121...... 66634 26 CFR 37 CFR 64...... 65743 125...... 66634 1 ...... 64458, 65722, 66232 1...... 64636 69...... 65743 135...... 66634 301...... 64458 201...... 64639 73 ...... 64150, 64152, 64153, 64154, 65425, 66466 15 CFR Proposed Rules: 1...... 64488, 66285 38 CFR 76...... 64154 730...... 67034 20...... 64488 3...... 67059 97...... 66460 738...... 67034 25...... 64488 39 CFR Proposed Rules: 740...... 67034 31...... 64488 15...... 66897 742...... 67034 53...... 64488 3...... 64647 27...... 64917 746...... 67034 54...... 64488 111...... 64118, 64121 73...... 65447, 66592 750...... 67034 56...... 64488 501...... 65732 80...... 65447 752...... 67034 301...... 64496, 54501 3001...... 66675 48 CFR 774...... 67034 40 CFR 902...... 67210 27 CFR 225...... 65752 9...... 65574 Proposed Rules: 9...... 65409, 66454 252...... 65752 52 ...... 64125, 64460, 64465, 801...... 66706, 67086 1834...... 66120 Proposed Rules: 64468, 64470, 64647, 64888, 1842...... 66120 9...... 65432, 65437 64891, 65414, 65417, 65740, 16 CFR 1852...... 66120 66113, 66679 Proposed Rules: 28 CFR Proposed Rules: 310...... 65762 60...... 66681 Proposed Rules: 70...... 67061 Ch. 2 ...... 65769 1630...... 66145 524...... 64504 235...... 65769 1631...... 66145 80...... 67089 545...... 64505 81...... 67065 252...... 65768 550...... 64507 17 CFR 141...... 65574 49 CFR 142...... 65574 140...... 64443 29 CFR 174...... 64128 571...... 64473 200...... 65393 4007...... 66867 239...... 66685, 66686 Proposed Rules: 240...... 65393 4022...... 66455 258...... 66685, 66686 383...... 66723 Proposed Rules: 4044...... 66455 271...... 66116 384...... 66723 170...... 64171 707...... 66234 390...... 66723 30 CFR 391...... 66723 18 CFR 799...... 66234 Proposed Rules: Proposed Rules: 571...... 66480 292...... 64342 914...... 66148 52 ...... 64182, 64668, 64906, 366...... 65049, 65200 50 CFR 943...... 66150 65446, 65764, 66153 367...... 65200 60...... 65302, 66720 17 ...... 65662, 66008, 66374 368...... 65200 31 CFR 63...... 64907, 66064 223...... 66466 369...... 65200 Proposed Rules: 81...... 64906 229 ...... 66469, 66688, 66690 375...... 65200 1...... 65763 82...... 64668 622...... 65061, 66878 385...... 65049 635...... 64165 32 CFR 239...... 66722 Proposed Rules: 258...... 66722 648...... 64903, 66692 38...... 64655 58...... 64631 271...... 65765, 66154 660...... 66122, 66693 40...... 64770 199...... 66871 665...... 64474 284...... 64655 235...... 66457 42 CFR 679...... 67210 245...... 66110 414...... 65884 Proposed Rules: 20 CFR 312...... 64631 484...... 65884 17 ...... 65064, 66292, 67089 404 ...... 66840, 66860, 67037 318...... 64632 224...... 66298 416...... 66840, 66860 323...... 64633 43 CFR 229...... 66482 2091...... 67066 635...... 64123, 66154 21 CFR 33 CFR 2710...... 67066 648...... 64214, 66748 203...... 66108, 66448 110...... 66668 Proposed Rules: 660...... 64216 205...... 66448 117 ...... 64113, 64888, 65412, 4...... 64181 679...... 64218, 66905

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REMINDERS ENVIRONMENTAL influenza; voluntary control Futures commission The items in this list were PROTECTION AGENCY program and indemnity merchants; equity capital editorially compiled as an aid Superfund program: payment; comments due withdrawal limitations; to Federal Register users. National oil and hazardous by 11-27-06; published 9- comments due by 11-28- Inclusion or exclusion from substances contingency 26-06 [FR 06-08155] 06; published 9-29-06 [FR this list has no legal plan priorities list; AGRICULTURE E6-16035] significance. published 9-19-06 DEPARTMENT Registered futures associations; membership HOMELAND SECURITY Federal Crop Insurance requirement; comments due DEPARTMENT Corporation RULES GOING INTO Crop insurance regulations: by 12-1-06; published 11-1- Coast Guard EFFECT NOVEMBER 20, Florida citrus fruit crop 06 [FR E6-18270] 2006 Drawbridge operations: insurance provisions; CONSUMER PRODUCT New York; published 10-20- comments due by 11-27- SAFETY COMMISSION 06 AGRICULTURE 06; published 10-13-06 Federal Hazardous DEPARTMENT HOUSING AND URBAN [FR E6-16635] Substances Act: Agricultural Marketing DEVELOPMENT AGRICULTURE Infant cushions/pillows or Service DEPARTMENT DEPARTMENT pillow-like products; Cherries (tart) grown in Public and Indian housing: Food and Nutrition Service comments due by 11-27- Michigan et al.; published Indian Housing Block Grant Child nutrition programs: 06; published 9-27-06 [FR 11-17-06 Program; minimum Women, infants, and 06-08265] Prunes (dried) produced in funding extension; children; special DEFENSE DEPARTMENT California; published 11-17- published 10-19-06 supplement nutrition 06 Federal Acquisition Regulation PERSONNEL MANAGEMENT program— (FAR): AGRICULTURE Vendor cost containment; OFFICE Brand name specifications DEPARTMENT comments due by 11- Absence and leave: use; OMB policy Energy Policy and New 29-06; published 11-29- implementation; comments Uses Office, Agriculture Senior Executive Service; 05 [FR 05-23365] Department accrual and accumulation; due by 11-27-06; AGRICULTURE published 9-28-06 [FR 06- Biobased products; published 10-19-06 DEPARTMENT 08200] designation guidance for Combined Federal Campaign; eligibility requirements and Grain Inspection, Packers Online Representations and federal procurement; and Stockyards published 11-20-06 public accountability Certifications Application standards; published 11-20- Administration archiving capability; AGRICULTURE 06 Clear title; protection for comments due by 11-27- DEPARTMENT purchasers of farm products; VETERANS AFFAIRS 06; published 9-28-06 [FR Food and Nutrition Service technical changes; 06-08203] Child nutrition programs: DEPARTMENT comments due by 11-27-06; Purchases from overseas Adjudication; pensions, published 9-27-06 [FR 06- Women, infants, and sources; reporting; children; special compensation, dependency, 08268] etc.: comments due by 11-27- supplement nutrition COMMERCE DEPARTMENT 06; published 9-28-06 [FR Military retired pay and program— Foreign-Trade Zones Board 06-08208] Miscellaneous vendor- veterans disability Applications, hearings, ENVIRONMENTAL related provisions; compensation for certain determinations, etc.: military retirees; full PROTECTION AGENCY published 12-30-99 Georgia COMMERCE DEPARTMENT concurrent receipt phase- Air quality implementation in; published 11-20-06 Eastman Kodak Co.; x-ray plans; approval and Industry and Security film, color paper, digital promulgation; various Bureau media, inkjet paper, States: Export adminstration COMMENTS DUE NEXT entertainment imaging, California; comments due by regulations: WEEK and health imaging; 11-30-06; published 10- Open for comments Foreign policy controls on 31-06 [FR E6-18172] surreptitious AGRICULTURE until further notice; Indiana; comments due by communications DEPARTMENT published 7-25-06 [FR intercepting devices; E6-11873] 11-30-06; published 10- Agricultural Marketing 31-06 [FR E6-18168] imposition; published 11- Service COMMERCE DEPARTMENT 20-06 Louisiana; comments due by Tomatoes grown in— National Oceanic and COMMERCE DEPARTMENT Atmospheric Administration 11-29-06; published 10- Florida; comments due by 30-06 [FR E6-18050] National Oceanic and Fishery conservation and 12-1-06; published 11-16- Atmospheric Administration management: Nevada; comments due by 06 [FR 06-09253] Marine mammals: Northeastern United States 11-29-06; published 10- AGRICULTURE 30-06 [FR E6-18158] Commercial fishing fisheries— DEPARTMENT authorizations— Hagfish; comments due Utah; comments due by 12- Atlantic Large Whale Take Animal and Plant Health by 12-1-06; published 1-06; published 11-1-06 Reduction Plan; Inspection Service 11-1-06 [FR E6-18391] [FR E6-18379] published 11-16-06 Plant-related quarantine, West Coast States and Hazardous waste program Atlantic Large Whale Take domestic: Western Pacific authorizations: Reduction Plan; Emerald ash borer; fisheries— Washington; comments due published 11-16-06 comments due by 12-1- Groundfish; comments by 11-29-06; published CORPORATION FOR 06; published 10-2-06 [FR due by 12-1-06; 10-30-06 [FR E6-18222] NATIONAL AND 06-08424] published 11-16-06 [FR Pesticides; tolerances in food, COMMUNITY SERVICE Poultry improvement: E6-19395] animal feeds, and raw Program Fraud Civil Remedies National Poultry COMMODITY FUTURES agricultural commodities: Act; implementation; Improvement Plan; low TRADING COMMISSION Bentazon, carboxin, dipropyl published 10-20-06 pathogenic avian Commodity Exchange Act: isocinchomeronate, oil of

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lemongrass and oil of establishment registration archiving capability; amendments; comments orange; comments due by and listing requirements; comments due by 11-27- due by 11-30-06; 11-27-06; published 9-27- comments due by 11-27-06; 06; published 9-28-06 [FR published 9-1-06 [FR 06- 06 [FR 06-08255] published 8-29-06 [FR 06- 06-08203] 07360] Ethaboxam; comments due 07172] Purchases from overseas Pipeline safety: by 11-27-06; published 9- Protection of human subjects: sources; reporting; Gas distribution operators; 27-06 [FR 06-08176] Emergency research comments due by 11-27- public awareness Flufenoxuron; comments conducted without 06; published 9-28-06 [FR regulations applicability; due by 11-28-06; informed consent; hearing; 06-08208] comments due by 11-28- published 9-29-06 [FR E6- comments due by 11-27- NATIONAL ARCHIVES AND 06; published 9-29-06 [FR 15931] 06; published 8-29-06 [FR RECORDS ADMINISTRATION E6-16031] Metconazole; comments due E6-14264] NARA facilities: TREASURY DEPARTMENT by 11-27-06; published 9- HOMELAND SECURITY Personal property Internal Revenue Service 27-06 [FR 06-08256] DEPARTMENT inspection; comments due Income taxes: p-chlorophenoxyacetic acid, Coast Guard by 11-27-06; published 9- Controlled foreign glyphosate, difenzoquat, Drawbridge operations: 28-06 [FR E6-15927] corporations and other and hexazinone; Oregon; comments due by POSTAL SERVICE property; exclusion from comments due by 11-27- Domestic Mail Manual: gross income of 06; published 9-27-06 [FR 11-27-06; published 10- 27-06 [FR E6-17971] Infectious substances; previously taxed earnings E6-15840] and profits; comments INTERIOR DEPARTMENT mailing and packaging Pendimethalin; comments standards; comments due due by 11-27-06; Fish and Wildlife Service due by 11-27-06; by 12-1-06; published 11- published 8-29-06 [FR 06- published 9-27-06 [FR 06- Endangered and threatened 1-06 [FR E6-18062] 07195] 08254] species: TRANSPORTATION Propanil, phenmedipham, Critical habitat DEPARTMENT LIST OF PUBLIC LAWS triallate, and MCPA; designations— comments due by 11-27- Federal Aviation Trichostema This is a continuing list of 06; published 9-27-06 [FR Administration austromontanum ssp. public bills from the current E6-15841] Airworthiness directives: compactum; comments session of Congress which Quizalofop ethyl; comments due by 11-27-06; McDonnell Douglas; comments due by 11-27- have become Federal laws. It due by 11-27-06; published 9-26-06 [FR may be used in conjunction published 9-27-06 [FR 06- 06-08190] 06; published 10-12-06 [FR E6-16891] with ‘‘PLUS’’ (Public Laws 08253] Findings on petitions, etc.— Update Service) on 202–741– Soybean oil, ethoxylated; Rolls-Royce plc; comments 6043. This list is also Idaho springsnail, etc.; due by 11-28-06; comments due by 11-28- comments due by 11- available online at http:// 06; published 9-29-06 [FR published 9-29-06 [FR E6- www.archives.gov/federal- 27-06; published 9-28- 16047] 06-08384] 06 [FR E6-15915] register/laws.html. Superfund program: Airworthiness standards: INTERIOR DEPARTMENT Special conditions— The text of laws is not National oil and hazardous published in the Federal Reclamation Bureau Boeing 737 airplanes; substances contingency Register but may be ordered Public conduct on Reclamation comments due by 11- plan priorities list; in ‘‘slip law’’ (individual facilities, lands, and 29-06; published 11-9- comments due by 11-27- pamphlet) form from the waterbodies: 06 [FR E6-18906] 06; published 9-27-06 [FR Superintendent of Documents, E6-15854] Hoover Dam rules of General Electric Co. GEnx U.S. Government Printing GENERAL SERVICES conduct; removal; turbofan engine models; Office, Washington, DC 20402 ADMINISTRATION comments due by 11-27- Open for comments (phone, 202–512–1808). The 06; published 9-28-06 [FR until further notice; text will also be made Federal Acquisition Regulation E6-15916] published 11-17-06 [FR (FAR): available on the Internet from JUSTICE DEPARTMENT 06-09230] GPO Access at http:// Brand name specifications Class B airspace; comments www.gpoaccess.gov/plaws/ use; OMB policy Drug Enforcement due by 11-27-06; published index.html. Some laws may implementation; comments Administration 10-13-06 [FR 06-08688] not yet be available. due by 11-27-06; Combat Methamphetamine Class E airspace; comments published 9-28-06 [FR 06- Epidemic Act of 2005: due by 11-27-06; published H.R. 6061/P.L. 109–367 08200] Scheduled listed chemical 10-26-06 [FR 06-08845] Secure Fence Act of 2006 Online Representations and products; retail sales (Oct. 26, 2006; 120 Stat. TRANSPORTATION Certifications Application requirements; comments 2638) DEPARTMENT archiving capability; due by 11-27-06; Last List October 19, 2006 comments due by 11-27- published 9-26-06 [FR 06- National Highway Traffic 06; published 9-28-06 [FR 08194] Safety Administration 06-08203] NATIONAL AERONAUTICS Motor vehicle safety standards: Public Laws Electronic Purchases from overseas AND SPACE Notification Service sources; reporting; Brake hoses; comments due ADMINISTRATION (PENS) comments due by 11-27- Federal Acquisition Regulation by 11-30-06; published 06; published 9-28-06 [FR (FAR): 11-15-06 [FR E6-19198] 06-08208] Brand name specifications TRANSPORTATION PENS is a free electronic mail HEALTH AND HUMAN use; OMB policy DEPARTMENT notification service of newly SERVICES DEPARTMENT implementation; comments Pipeline and Hazardous enacted public laws. To Food and Drug due by 11-27-06; Materials Safety subscribe, go to http:// Administration published 9-28-06 [FR 06- Administration listserv.gsa.gov/archives/ publaws-l.html Human drugs, biological 08200] Hazardous materials: products, and animal drugs; Online Representations and Packaging requirements; Note: This service is strictly foreign and domestic Certifications Application miscellaneous for E-mail notification of new

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laws. The text of laws is not available through this service. PENS cannot respond to specific inquiries sent to this address.

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CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–060–00038–1) ...... 50.00 Jan. 1, 2006 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–060–00039–9) ...... 55.00 Jan. 1, 2006 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–060–00040–2) ...... 63.00 Jan. 1, 2006 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–060–00041–1) ...... 61.00 Jan. 1, 2006 week and which is now available for sale at the Government Printing 140–199 ...... (869–060–00042–9) ...... 30.00 Jan. 1, 2006 Office. 200–1199 ...... (869–060–00043–7) ...... 50.00 Jan. 1, 2006 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–060–00044–5) ...... 45.00 Jan. 1, 2006 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–060–00045–3) ...... 40.00 Jan. 1, 2006 The CFR is available free on-line through the Government Printing 300–799 ...... (869–060–00046–1) ...... 60.00 Jan. 1, 2006 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 800–End ...... (869–060–00047–0) ...... 42.00 Jan. 1, 2006 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–060–00048–8) ...... 50.00 Jan. 1, 2006 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–060–00049–6) ...... 60.00 Jan. 1, 2006 $1195.00 domestic, $298.75 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–060–00051–8) ...... 50.00 Apr. 1, 2006 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–060–00052–6) ...... 60.00 Apr. 1, 2006 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–060–00053–4) ...... 62.00 Apr. 1, 2006 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–060–00054–2) ...... 62.00 Apr. 1, 2006 charge orders to (202) 512-2250. 400–End ...... (869–060–00055–1) ...... 26.00 6 Apr. 1, 2006 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–060–00056–9) ...... 61.00 Apr. 1, 2006 1 ...... (869–060–00001–4) ...... 5.00 4 Jan. 1, 2006 141–199 ...... (869–060–00057–7) ...... 58.00 Apr. 1, 2006 2 ...... (869–060–00002–0) ...... 5.00 Jan. 1, 2006 200–End ...... (869–060–00058–5) ...... 31.00 Apr. 1, 2006 3 (2005 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–060–00059–3) ...... 50.00 Apr. 1, 2006 102) ...... (869–060–00003–8) ...... 35.00 1 Jan. 1, 2006 400–499 ...... (869–060–00060–7) ...... 64.00 Apr. 1, 2006 4 ...... (869–060–00004–6) ...... 10.00 Jan. 1, 2006 500–End ...... (869–060–00061–5) ...... 63.00 Apr. 1, 2006 5 Parts: 21 Parts: 1–699 ...... (869–060–00005–4) ...... 60.00 Jan. 1, 2006 1–99 ...... (869–060–00062–3) ...... 40.00 Apr. 1, 2006 700–1199 ...... (869–060–00006–2) ...... 50.00 Jan. 1, 2006 100–169 ...... (869–060–00063–1) ...... 49.00 Apr. 1, 2006 1200–End ...... (869–060–00007–1) ...... 61.00 Jan. 1, 2006 170–199 ...... (869–060–00064–0) ...... 50.00 Apr. 1, 2006 200–299 ...... (869–060–00065–8) ...... 17.00 Apr. 1, 2006 6 ...... (869–060–00008–9) ...... 10.50 Jan. 1, 2006 300–499 ...... (869–060–00066–6) ...... 30.00 Apr. 1, 2006 7 Parts: 500–599 ...... (869–060–00067–4) ...... 47.00 Apr. 1, 2006 1–26 ...... (869–060–00009–7) ...... 44.00 Jan. 1, 2006 600–799 ...... (869–060–00068–2) ...... 15.00 Apr. 1, 2006 27–52 ...... (869–060–00010–1) ...... 49.00 Jan. 1, 2006 800–1299 ...... (869–060–00069–1) ...... 60.00 Apr. 1, 2006 53–209 ...... (869–060–00011–9) ...... 37.00 Jan. 1, 2006 1300–End ...... (869–060–00070–4) ...... 25.00 Apr. 1, 2006 210–299 ...... (869–060–00012–7) ...... 62.00 Jan. 1, 2006 22 Parts: 300–399 ...... (869–060–00013–5) ...... 46.00 Jan. 1, 2006 1–299 ...... (869–060–00071–2) ...... 63.00 Apr. 1, 2006 400–699 ...... (869–060–00014–3) ...... 42.00 Jan. 1, 2006 300–End ...... (869–060–00072–1) ...... 45.00 7 Apr. 1, 2006 700–899 ...... (869–060–00015–1) ...... 43.00 Jan. 1, 2006 900–999 ...... (869–060–00016–0) ...... 60.00 Jan. 1, 2006 23 ...... (869–060–00073–9) ...... 45.00 Apr. 1, 2006 1000–1199 ...... (869–060–00017–8) ...... 22.00 Jan. 1, 2006 24 Parts: 1200–1599 ...... (869–060–00018–6) ...... 61.00 Jan. 1, 2006 0–199 ...... (869–060–00074–7) ...... 60.00 Apr. 1, 2006 1600–1899 ...... (869–060–00019–4) ...... 64.00 Jan. 1, 2006 200–499 ...... (869–060–00075–5) ...... 50.00 Apr. 1, 2006 1900–1939 ...... (869–060–00020–8) ...... 31.00 Jan. 1, 2006 500–699 ...... (869–060–00076–3) ...... 30.00 Apr. 1, 2006 1940–1949 ...... (869–060–00021–6) ...... 50.00 Jan. 1, 2006 700–1699 ...... (869–060–00077–1) ...... 61.00 Apr. 1, 2006 1950–1999 ...... (869–060–00022–4) ...... 46.00 Jan. 1, 2006 1700–End ...... (869–060–00078–0) ...... 30.00 Apr. 1, 2006 2000–End ...... (869–060–00023–2) ...... 50.00 Jan. 1, 2006 25 ...... (869–060–00079–8) ...... 64.00 Apr. 1, 2006 8 ...... (869–060–00024–1) ...... 63.00 Jan. 1, 2006 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–060–00080–1) ...... 49.00 Apr. 1, 2006 1–199 ...... (869–060–00025–9) ...... 61.00 Jan. 1, 2006 §§ 1.61–1.169 ...... (869–060–00081–0) ...... 63.00 Apr. 1, 2006 200–End ...... (869–060–00026–7) ...... 58.00 Jan. 1, 2006 §§ 1.170–1.300 ...... (869–060–00082–8) ...... 60.00 Apr. 1, 2006 10 Parts: §§ 1.301–1.400 ...... (869–060–00083–6) ...... 47.00 Apr. 1, 2006 1–50 ...... (869–060–00027–5) ...... 61.00 Jan. 1, 2006 §§ 1.401–1.440 ...... (869–060–00084–4) ...... 56.00 Apr. 1, 2006 51–199 ...... (869–060–00028–3) ...... 58.00 Jan. 1, 2006 §§ 1.441–1.500 ...... (869–060–00085–2) ...... 58.00 Apr. 1, 2006 200–499 ...... (869–060–00029–1) ...... 46.00 Jan. 1, 2006 §§ 1.501–1.640 ...... (869–060–00086–1) ...... 49.00 Apr. 1, 2006 500–End ...... (869–060–00030–5) ...... 62.00 Jan. 1, 2006 §§ 1.641–1.850 ...... (869–060–00087–9) ...... 61.00 Apr. 1, 2006 §§ 1.851–1.907 ...... (869–060–00088–7) ...... 61.00 Apr. 1, 2006 11 ...... (869–060–00031–3) 41.00 Jan. 1, 2006 §§ 1.908–1.1000 ...... (869–060–00089–5) ...... 60.00 Apr. 1, 2006 12 Parts: §§ 1.1001–1.1400 ...... (869–060–00090–9) ...... 61.00 Apr. 1, 2006 1–199 ...... (869–060–00032–1) ...... 34.00 Jan. 1, 2006 §§ 1.1401–1.1550 ...... (869–060–00091–2) ...... 58.00 Apr. 1, 2006 200–219 ...... (869–060–00033–0) ...... 37.00 Jan. 1, 2006 §§ 1.1551–End ...... (869–060–00092–5) ...... 50.00 Apr. 1, 2006 220–299 ...... (869–060–00034–8) ...... 61.00 Jan. 1, 2006 2–29 ...... (869–060–00093–3) ...... 60.00 Apr. 1, 2006 300–499 ...... (869–060–00035–6) ...... 47.00 Jan. 1, 2006 30–39 ...... (869–060–00094–1) ...... 41.00 Apr. 1, 2006 500–599 ...... (869–060–00036–4) ...... 39.00 Jan. 1, 2006 40–49 ...... (869–060–00095–0) ...... 28.00 Apr. 1, 2006 600–899 ...... (869–060–00037–2) ...... 56.00 Jan. 1, 2006 50–299 ...... (869–060–00096–8) ...... 42.00 Apr. 1, 2006

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–060–00097–6) ...... 61.00 Apr. 1, 2006 63 (63.6580–63.8830) .... (869–060–00150–6) ...... 32.00 July 1, 2006 500–599 ...... (869–060–00098–4) ...... 12.00 5 Apr. 1, 2006 63 (63.8980–End) ...... (869–060–00151–4) ...... 35.00 July 1, 2006 600–End ...... (869–060–00099–2) ...... 17.00 Apr. 1, 2006 64–71 ...... (869–060–00152–2) ...... 29.00 July 1, 2006 27 Parts: 72–80 ...... (869–060–00153–1) ...... 62.00 July 1, 2006 1–399 ...... (869–060–00100–0) ...... 64.00 Apr. 1, 2006 81–85 ...... (869–060–00154–9) ...... 60.00 July 1, 2006 400–End ...... (869–060–00101–8) ...... 18.00 Apr. 1, 2006 86 (86.1–86.599–99) ...... (869–060–00155–7) ...... 58.00 July 1, 2006 86 (86.600–1–End) ...... (869–060–00156–5) ...... 50.00 July 1, 2006 28 Parts: ...... 87–99 ...... (869–060–00157–3) ...... 60.00 July 1, 2006 0–42 ...... (869–060–00102–6) ...... 61.00 July 1, 2006 100–135 ...... (869–060–00158–1) ...... 45.00 July 1, 2006 43–End ...... (869–060–00103–4) ...... 60.00 July 1, 2006 136–149 ...... (869–060–00159–0) ...... 61.00 July 1, 2006 29 Parts: 150–189 ...... (869–060–00160–3) ...... 50.00 July 1, 2006 0–99 ...... (869–060–00104–2) ...... 50.00 July 1, 2006 190–259 ...... (869–060–00161–1) ...... 39.00 July 1, 2006 100–499 ...... (869–060–00105–1) ...... 23.00 July 1, 2006 260–265 ...... (869–060–00162–0) ...... 50.00 July 1, 2006 500–899 ...... (869–060–00106–9) ...... 61.00 July 1, 2006 266–299 ...... (869–060–00163–8) ...... 50.00 July 1, 2006 900–1899 ...... (869–060–00107–7) ...... 36.00 July 1, 2006 300–399 ...... (869–060–00164–6) ...... 42.00 July 1, 2006 1900–1910 (§§ 1900 to 400–424 ...... (869–060–00165–4) ...... 56.00 July 1, 2006 1910.999) ...... (869–060–00108–5) ...... 61.00 July 1, 2006 425–699 ...... (869–060–00166–2) ...... 61.00 July 1, 2006 1910 (§§ 1910.1000 to 700–789 ...... (869–060–00167–1) ...... 61.00 July 1, 2006 end) ...... (869–060–00109–3) ...... 46.00 July 1, 2006 790–End ...... (869–060–00168–9) ...... 61.00 July 1, 2006 1911–1925 ...... (869–060–00110–7) ...... 30.00 July 1, 2006 41 Chapters: 1926 ...... (869–060–00111–5) ...... 50.00 July 1, 2006 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–060–00112–3) ...... 62.00 July 1, 2006 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 30 Parts: 3–6 ...... 14.00 3 July 1, 1984 1–199 ...... (869–060–00113–1) ...... 57.00 July 1, 2006 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–060–00114–0) ...... 50.00 July 1, 2006 8 ...... 4.50 3 July 1, 1984 700–End ...... (869–060–00115–8) ...... 58.00 July 1, 2006 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–060–00116–6) ...... 41.00 July 1, 2006 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–499 ...... (869–060–00117–4) ...... 46.00 July 1, 2006 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 500–End ...... (869–060–00118–2) ...... 62.00 July 1, 2006 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–060–00169–7) ...... 24.00 July 1, 2006 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–060–00170–1) ...... 21.00 8 July 1, 2006 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–060–00171–9) ...... 56.00 July 1, 2006 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–060–00172–7) ...... 24.00 July 1, 2006 ...... 1–190 (869–060–00119–1) 61.00 July 1, 2006 42 Parts: 191–399 ...... (869–060–00120–4) ...... 63.00 July 1, 2006 1–399 ...... (869–056–00173–8) ...... 61.00 Oct. 1, 2005 400–629 ...... (869–060–00121–2) ...... 50.00 July 1, 2006 400–429 ...... (869–056–00174–6) ...... 63.00 Oct. 1, 2005 630–699 ...... (869–060–00122–1) ...... 37.00 July 1, 2006 430–End ...... (869–056–00175–4) ...... 64.00 Oct. 1, 2005 700–799 ...... (869–060–00123–9) ...... 46.00 July 1, 2006 800–End ...... (869–060–00124–7) ...... 47.00 July 1, 2006 43 Parts: 1–999 ...... (869–056–00176–2) ...... 56.00 Oct. 1, 2005 33 Parts: 1000–end ...... (869–056–00177–1) ...... 62.00 Oct. 1, 2005 1–124 ...... (869–060–00125–5) ...... 57.00 July 1, 2006 125–199 ...... (869–060–00126–3) ...... 61.00 July 1, 2006 44 ...... (869–060–00179–4) ...... 50.00 Oct. 1, 2006 200–End ...... (869–060–00127–1) ...... 57.00 July 1, 2006 45 Parts: 34 Parts: 1–199 ...... (869–056–00179–7) ...... 60.00 Oct. 1, 2005 1–299 ...... (869–060–00128–0) ...... 50.00 July 1, 2006 200–499 ...... (869–060–00181–6) ...... 34.00 Oct. 1, 2006 300–399 ...... (869–060–00129–8) ...... 40.00 July 1, 2006 500–1199 ...... (869–056–00171–9) ...... 56.00 Oct. 1, 2005 400–End & 35 ...... (869–060–00130–1) ...... 61.00 8 July 1, 2006 1200–End ...... (869–056–00182–7) ...... 61.00 Oct. 1, 2005 36 Parts: 46 Parts: 1–199 ...... (869–060–00131–0) ...... 37.00 July 1, 2006 1–40 ...... (869–056–00183–5) ...... 46.00 Oct. 1, 2005 200–299 ...... (869–060–00132–8) ...... 37.00 July 1, 2006 41–69 ...... (869–056–00184–3) ...... 39.00 10 Oct. 1, 2005 300–End ...... (869–060–00133–6) ...... 61.00 July 1, 2006 70–89 ...... (869–060–00186–7) ...... 14.00 Oct. 1, 2006 90–139 ...... (869–060–00187–5) ...... 44.00 Oct. 1, 2006 37 ...... (869–060–00134–4) ...... 58.00 July 1, 2006 140–155 ...... (869–056–00187–8) ...... 25.00 Oct. 1, 2005 38 Parts: 156–165 ...... (869–060–00189–1) ...... 34.00 Oct. 1, 2006 0–17 ...... (869–060–00135–2) ...... 60.00 July 1, 2006 *166–199 ...... (869–060–00190–5) ...... 46.00 Oct. 1, 2006 18–End ...... (869–060–00136–1) ...... 62.00 July 1, 2006 *200–499 ...... (869–060–00191–3) ...... 40.00 Oct. 1, 2006 ...... 39 ...... (869–060–00137–9) ...... 42.00 July 1, 2006 500–End (869–060–00192–1) 25.00 Oct. 1, 2006 40 Parts: 47 Parts: ...... 1–49 ...... (869–060–00138–7) ...... 60.00 July 1, 2006 0–19 (869–056–00192–4) 61.00 Oct. 1, 2005 ...... 50–51 ...... (869–060–00139–5) ...... 45.00 July 1, 2006 20–39 (869–060–00194–8) 46.00 Oct. 1, 2006 ...... 52 (52.01–52.1018) ...... (869–060–00140–9) ...... 60.00 July 1, 2006 40–69 (869–056–00194–1) 40.00 Oct. 1, 2005 ...... 52 (52.1019–End) ...... (869–060–00141–7) ...... 61.00 July 1, 2006 70–79 (869–056–00195–9) 61.00 Oct. 1, 2005 ...... 53–59 ...... (869–060–00142–5) ...... 31.00 July 1, 2006 80–End (869–056–00196–7) 61.00 Oct. 1, 2005 60 (60.1–End) ...... (869–060–00143–3) ...... 58.00 July 1, 2006 48 Chapters: 60 (Apps) ...... (869–060–00144–7) ...... 57.00 July 1, 2006 1 (Parts 1–51) ...... (869–056–00197–5) ...... 63.00 Oct. 1, 2005 61–62 ...... (869–060–00145–0) ...... 45.00 July 1, 2006 1 (Parts 52–99) ...... (869–056–00198–3) ...... 49.00 Oct. 1, 2005 63 (63.1–63.599) ...... (869–060–00146–8) ...... 58.00 July 1, 2006 2 (Parts 201–299) ...... (869–060–00200–6) ...... 50.00 Oct. 1, 2006 63 (63.600–63.1199) ...... (869–060–00147–6) ...... 50.00 July 1, 2006 3–6 ...... (869–060–00201–4) ...... 34.00 Oct. 1, 2006 63 (63.1200–63.1439) .... (869–060–00148–4) ...... 50.00 July 1, 2006 7–14 ...... (869–056–00201–7) ...... 56.00 Oct. 1, 2005 63 (63.1440–63.6175) .... (869–060–00149–2) ...... 32.00 July 1, 2006 15–28 ...... (869–056–00202–5) ...... 47.00 Oct. 1, 2005

VerDate Aug 31 2005 20:12 Nov 17, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\20NOCL.LOC 20NOCL pwalker on PROD1PC61 with RULES3 viii Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Reader Aids

Title Stock Number Price Revision Date 29–End ...... (869–056–00203–3) ...... 47.00 Oct. 1, 2005 49 Parts: 1–99 ...... (869–056–00204–1) ...... 60.00 Oct. 1, 2005 100–185 ...... (869–056–00205–0) ...... 63.00 Oct. 1, 2005 186–199 ...... (869–056–00206–8) ...... 23.00 Oct. 1, 2005 200–299 ...... (869–056–00207–6) ...... 32.00 Oct. 1, 2005 300–399 ...... (869–056–00208–4) ...... 32.00 Oct. 1, 2005 400–599 ...... (869–056–00209–2) ...... 64.00 Oct. 1, 2005 600–999 ...... (869–056–00210–6) ...... 19.00 Oct. 1, 2005 1000–1199 ...... (869–060–00212–0) ...... 28.00 Oct. 1, 2006 1200–End ...... (869–056–00212–2) ...... 34.00 Oct. 1, 2005 50 Parts: 1–16 ...... (869–060–00214–6) ...... 11.00 9 Oct. 1, 2006 17.1–17.95(b) ...... (869–056–00214–9) ...... 32.00 Oct. 1, 2005 17.95(c)–end ...... (869–056–00215–7) ...... 32.00 Oct. 1, 2005 17.96–17.99(h) ...... (869–056–00215–7) ...... 61.00 Oct. 1, 2005 17.99(i)–end and 17.100–end ...... (869–060–00218–9) ...... 47.00 9 Oct. 1, 2006 18–199 ...... (869–056–00218–1) ...... 50.00 Oct. 1, 2005 200–599 ...... (869–056–00218–1) ...... 45.00 Oct. 1, 2005 600–End ...... (869–056–00219–0) ...... 62.00 Oct. 1, 2005 CFR Index and Findings Aids ...... (869–060–00050–0) ...... 62.00 Jan. 1, 2006 Complete 2006 CFR set ...... 1,398.00 2006 Microfiche CFR Edition: Subscription (mailed as issued) ...... 332.00 2006 Individual copies ...... 4.00 2006 Complete set (one-time mailing) ...... 325.00 2005 Complete set (one-time mailing) ...... 325.00 2004 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2006. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2004 should be retained. 7 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2005 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2005, through July 1, 2006. The CFR volume issued as of July 1, 2005 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2005, through October 1, 2006. The CFR volume issued as of October 1, 2005 should be retained. 10 No amendments to this volume were promulgated during the period October 1, 2004, through October 1, 2005. The CFR volume issued as of October 1, 2004 should be retained.

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