5–2–06 Tuesday Vol. 71 No. 84 May 2, 2006

Pages 25739–25918

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Contents Federal Register Vol. 71, No. 84

Tuesday, May 2, 2006

Agriculture Department Employment Standards Administration See Forest Service NOTICES See Rural Housing Service Agency information collection activities; proposals, See Rural Telephone Bank submissions, and approvals, 25860 NOTICES Agency information collection activities; proposals, Energy Department submissions, and approvals, 25811–25812 See Federal Energy Regulatory Commission NOTICES Alcohol and Tobacco Tax and Trade Bureau Meetings: Environmental Management Site-Specific Advisory RULES Alcoholic beverages: Board— Wines; labeling and advertising— Hanford Site, WA, 25824 Vintage date statement; minimum content requirement; High Energy Physics Advisory Panel, 25824–25825 amendment, 25748–25752 Engineers Corps Homeland Security Act; administrative changes NOTICES Correction, 25752–25753 PROPOSED RULES Environmental statements; notice of availability: Alcohol; viticultural area designations: Allegheny and Ohio Rivers, PA; commercial sand and Green Valley of Russian River Valley, Sonoma County, gravel dredging operations, 25822 CA; name change, 25795–25798 NOTICES Environmental Protection Agency Agency information collection activities; proposals, RULES submissions, and approvals, 25889–25892 Air programs; State authority delegations: Texas, 25753–25759 PROPOSED RULES Army Department Air programs; State authority delegations: See Engineers Corps Texas, 25802–25803 Air quality implementation plans; approval and Centers for Disease Control and Prevention promulgation; various States: NOTICES New York, 25800–25802 Meetings: NOTICES Mine Safety and Health Research Advisory Committee, Air pollution control: 25844 Citizens suits; proposed settlements— Utility Air Regulatory Group, 25838–25840 Air programs: Coast Guard Fuel and fuel additives— PROPOSED RULES Platinum GaSaver; registration cancellation order, Pollution: 25840–25841 Ballast water treatment technology and analysis methods; Superfund; response and remedial actions, proposed research and development status, 25798–25799 settlements, etc.: Baxley Complaint Site, GA, 25841–25842 Commerce Department See Industry and Security Bureau Executive Office of the President See International Trade Administration See Presidential Documents See National Oceanic and Atmospheric Administration Export-Import Bank NOTICES Defense Department Meetings; Sunshine Act, 25842 See Engineers Corps NOTICES Farm Credit System Insurance Corporation Meetings: RULES Uniform Formulary Beneficiary Advisory Panel, 25816– Farm credit system: 25817 Golden parachute and indemnification payments Travel per diem rates, civilian personnel; changes, 25817– Effective date, 25743 25821 Federal Aviation Administration Education Department RULES NOTICES Airworthiness directives: Agency information collection activities; proposals, Bombardier, 25744–25745 submissions, and approvals, 25822–25823 PROPOSED RULES Meetings: Airworthiness directives: National Assessment Governing Board, 25823–25824 Air Tractor, Inc., 25793–25795

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Cirrus Design Corp., 25785–25787 Food and Drug Administration Eurocopter Canada Ltd., 25787–25789 RULES Eurocopter France, 25789–25793 Human drugs: Sikorsky, 25783–25785 Current good manufacturing practices— Investigational new drugs; Phase 1 drugs exemption; withdrawan, 25747 Federal Deposit Insurance Corporation NOTICES NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, Lecithin derived from soy; labeling of certain uses; submissions, and approvals, 25842 industry guidance, 25844–25845 Veterinary Medicinal Products, International Cooperation Federal Energy Regulatory Commission on Harmonisation of Technical Requirements for Registration— NOTICES Pharmacovigilance of veterinary medicinal products; Complaints filed: data elements for submission of adverse event Chesapeake Transmission, LLC, et al., 25833 reports; industry guidance, 25845–25846 Roger & Emma Wahl et al., 25833–25834 Pharmacovigilance of veterinary medicinal products; Electric rate and corporate regulation combined filings, management of adverse event reports; industry 25834–25835 guidance, 25846–25848 Hydroelectric applications, 25835–25837 Meetings: Forest Service Kinder Morgan Louisiana Pipeline, L.L.C., 25837–25838 NOTICES National Register of Historic Places: Meetings: Programmatic agreement for managing properties; Olympic Provincial Advisory Committee, 25812 restricted service list— Resource Advisory Committees— Georgia Power Co., 25838 Lincoln County, 25812 Applications, hearings, determinations, etc.: Southwest Idaho, 25812 CenterPoint Energy - Mississippi River Transmission Corp., 25825–25826 Health and Human Services Department Columbia Gas Transmission Corp., 25826–25827 See Centers for Disease Control and Prevention Dominion Transmission, Inc., 25827 See Food and Drug Administration El Paso Natural Gas Co., 25827 See National Institutes of Health Entrega Gas Pipeline LLC; correction, 25827–25828 NOTICES FortisOntario, Inc. and FortisUS Energy Corp., 25828– Grants and cooperative agreements; availability, etc.: 25829 Avian influenza early warning system; infectious disease Golden Pass Pipeline LP, 25829–25830 surveillance networks in affected countries; support, Gulf South Pipeline Co., LP, 25830 training and capacity building; correction, 25844 MarkWest New Mexico L.P., 25830–25831 Mississippi Canyon Gas Pipeline, LLC, 25831 Homeland Security Department Rockies Express Pipeline LLC, 25831–25832 See Coast Guard Stingray Pipeline Co., L.L.C., 25832 RULES Texas Eastern Transmission, LP, 25832 Acquisition regulations: Texas Gas Transmission, LLC, 25832–25833 Revisions, 25759–25780 Housing and Urban Development Department Federal Mine Safety and Health Review Commission NOTICES NOTICES Agency information collection activities; proposals, Meetings; Sunshine Act, 25860–25861 submissions, and approvals, 25853–25855 Mortgage and loan insurance programs: Multifamily housing programs; basic statutory mortgage Federal Motor Carrier Safety Administration limits; adjustments, 25855 NOTICES Public and Indian housing: Motor carrier safety standards: Public Housing Assessment System— Commercial Driver’s License Information System; Financial condition scoring process; revision, 25912– modernization plan, 25885–25887 25913

Federal Reserve System Industry and Security Bureau NOTICES RULES Agency information collection activities; proposals, Export administration regulations: submissions, and approvals, 25842–25843 Commerce Control List— Meetings; Sunshine Act, 25843 Calculating computer performance; new formula implementation; adjusted peak performance in weighted Tera/FLOPS; Bulgaria; XP and MT Fish and Wildlife Service Controls; correction, 25746–25747 PROPOSED RULES Endangered Species Convention: Interior Department Regulations revised See Fish and Wildlife Service Correction, 25894–25910 See Land Management Bureau

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See National Park Service National Oceanic and Atmospheric Administration See Reclamation Bureau RULES See Surface Mining Reclamation and Enforcement Office Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Internal Revenue Service Deep-water species; closure to vessels using trawl gear RULES in Gulf of Alaska, 25781 Income taxes: Northeastern United States fisheries— Consolidated group regulations— Loligo squid, 25781 Tax withholding on payments to foreign persons; PROPOSED RULES information reporting requirements; correction, Fishery conservation and management: 25747–25748 Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands king and tanner crabs, International Trade Administration 25808–25810 NOTICES NOTICES Antidumping: Grants and cooperative agreements; availability, etc.: Stainless steel wire rod from— Climate Program, 25814–25816 Sweden, 25813 National Park Service Countervailing duties: NOTICES Low enriched uranium from— National Register of Historic Places; pending nominations, France, 25813 25856–25857 Welded carbon steel standard pipe from— Turkey, 25814 Nuclear Regulatory Commission RULES International Trade Commission Spent nuclear fuel and high-level radioactive waste; NOTICES independent storage; licensing requirements: Import investigations: Approved spent fuel storage casks; list, 25740–25743 Activated carbon from— PROPOSED RULES China, 25858–25859 Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Justice Department Approved spent fuel storage casks; list, 25782–25783 See Justice Programs Office NOTICES Agency information collection activities; proposals, Justice Programs Office submissions, and approvals, 25861–25862 NOTICES Meetings: Agency information collection activities; proposals, Reactor Safeguards Advisory Committee, 25862–25863 submissions, and approvals, 25859–25860 Meetings; Sunshine Act, 25863 Applications, hearings, determinations, etc.: Labor Department Pa’ina Hawaii, LLC, 25862 See Employment Standards Administration Personnel Management Office Land Management Bureau NOTICES NOTICES Excepted service; positions placed or revoked, 25863–25865 Meetings: Resource Advisory Councils— Presidential Documents Idaho Falls, 25855–25856 PROCLAMATIONS Special observances: Asian/Pacific American Heritage Month (Proc. 8008), Maritime Administration 25915–25917 NOTICES Agency information collection activities; proposals, Railroad Retirement Board submissions, and approvals, 25887–25888 NOTICES Privacy Act; computer matching programs, 25865–25866 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission Reclamation Bureau NOTICES National Highway Traffic Safety Administration Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 25857 Motor vehicle theft prevention standards: Passenger motor vehicle theft data (2004 CY), 25803– Rural Housing Service 25808 RULES Program regulations: National Institutes of Health Construction and repair; surety requirements, 25739– NOTICES 25740 Agency information collection activities; proposals, submissions, and approvals, 25848–25849 Rural Telephone Bank Inventions, Government-owned; availability for licensing, NOTICES 25850–25853 Meetings; Sunshine Act, 25812–25813

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Securities and Exchange Commission Treasury Department NOTICES See Alcohol and Tobacco Tax and Trade Bureau Agency information collection activities; proposals, See Internal Revenue Service submissions, and approvals, 25866–25867 NOTICES Self-regulatory organizations; proposed rule changes: Agency information collection activities; proposals, Municipal Securities Rulemaking Board, 25867–25875 submissions, and approvals, 25889 National Association of Securities Dealers, Inc., 25875– Meetings: 25878 Financial Literacy and Education Commission, 25889 New York Stock Exchange LLC et al, 25878–25879 Veterans Affairs Department State Department NOTICES Meetings: NOTICES Culturally significant objects imported for exhibition: Gulf War Veterans’ Illnesses Research Advisory Baksy Krater; correction, 25879 Committee, 25892–25893 Rubens and Brueghel: A Working Friendship, 25879 Grants and cooperative agreements; availability, etc.: U.S.-Russia Language, Technology, Math, and Sciences Separate Parts In This Issue Teach Program, 25879–25885 Part II Housing and Urban Development Department, 25912–25913 Surface Mining Reclamation and Enforcement Office NOTICES Part III Agency information collection activities; proposals, Executive Office of the President, Presidential Documents, submissions, and approvals, 25857–25858 25915–25917

Surface Transportation Board NOTICES Reader Aids Railroad operation, acquisition, construction, etc.: Consult the Reader Aids section at the end of this issue for Kansas City Southern Railway Co., 25888–25889 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Transportation Department See Federal Aviation Administration To subscribe to the Federal Register Table of Contents See Federal Motor Carrier Safety Administration LISTSERV electronic mailing list, go to http:// See Maritime Administration listserv.access.gpo.gov and select Online mailing list See National Highway Traffic Safety Administration archives, FEDREGTOC-L, Join or leave the list (or change See Surface Transportation Board settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8008...... 25917 7 CFR 1924...... 25739 10 CFR 72...... 25740 Proposed Rules: 72...... 25782 12 CFR 1412...... 25743 14 CFR 39...... 25744 Proposed Rules: 39 (5 documents) ...... 25783, 25785, 25787, 25789, 25793 15 CFR 774...... 25746 21 CFR 210...... 25747 26 CFR 1...... 25747 27 CFR 4...... 25748 19...... 25752 40...... 25752 Proposed Rules: 9...... 25795 33 CFR Proposed Rules: 151...... 25798 40 CFR 63...... 25753 Proposed Rules: 52...... 25800 63...... 25802 48 CFR Ch. 30 ...... 25759 49 CFR Proposed Rules: 541...... 25803 50 CFR 648...... 25781 679...... 25781 Proposed Rules: 13...... 25894 23...... 25894 680...... 25808

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Rules and Regulations Federal Register Vol. 71, No. 84

Tuesday, May 2, 2006

This section of the FEDERAL REGISTER borrower, as well as making it more Paperwork Reduction Act contains regulatory documents having general difficult for small contractors in rural There are no new reporting and applicability and legal effect, most of which areas to service RHS borrowers. RHS are keyed to and codified in the Code of recordkeeping requirements associated oversees the construction process until with this rule. Federal Regulations, which is published under the project is complete, insuring that 50 titles pursuant to 44 U.S.C. 1510. Federal funds are properly disbursed for Unfunded Mandates Reform Act The Code of Federal Regulations is sold by the adequate amount of completed This rule contains no Federal the Superintendent of Documents. Prices of construction demonstrated by the mandates (under the regulatory new books are listed in the first FEDERAL contractor. In addition, surety provisions of Title II of the Unfunded REGISTER issue of each week. requirements are not entirely eliminated Mandates Reform Act of 1995) for State, in Single Family Housing. If the local, and tribal governments or the borrower requests surety or the loan private sector. Thus, this rule is not DEPARTMENT OF AGRICULTURE official feels that additional security is subject to the requirements of sections needed for a specific project, then surety 202 and 205 of the Unfunded Mandates Rural Housing Service will be provided. Reform Act of 1995. 7 CFR Part 1924 DATES: Effective Date: June 1, 2006. Environmental Impact Statement FOR FURTHER INFORMATION CONTACT: RIN 0575–AC63 This document has been reviewed in Michel Mitias, Technical Support accordance with 7 CFR part 1940, Surety Requirements Branch, Program Support Staff, Rural subpart G, ‘‘Environmental Program.’’ Housing Service, U.S. Department of RHS has determined that this action AGENCY: Rural Housing Service, USDA. Agriculture, STOP 0761, 1400 does not constitute a major Federal ACTION: Final rule. Independence Avenue, SW., action significantly affecting the quality Washington, DC 20250–0761; SUMMARY: The Rural Housing Service is of the human environment, and, in Telephone: 202–720–9653; FAX: 202– amending its regulations to change the accordance with the National 690–4335; E-mail: threshold for surety requirements Environmental Policy Act of 1969, Pub. [email protected]. guaranteeing payment and performance L. 91–190, an Environmental Impact from a $100,000 contract amount to the SUPPLEMENTARY INFORMATION: Statement is not required. maximum Rural Development Single Classification Programs Affected Family Housing area lending limit. This The programs affected are listed in the This rule has been determined to be limit will vary by locality. This will Catalog of Federal Domestic Assistance not significant for purposes of Executive liberalize the requirement for surety and under Number 10.410, Very Low to take into account the increased Order 12866 and, therefore, has not Moderate Income Housing Loans, and construction cost of single family homes been reviewed by the Office of Number 10.415, Rural Rental Housing in Rural Development’s Single Family Management and Budget (OMB). Loans. Rural Rental Housing Loans will Housing Program. This will ease the Civil Justice Reform be affected for those construction burden on small contractors for whom contracts above the applicable Rural obtaining surety is difficult and In accordance with this rule: (1) All Development area loan limit. expensive, thereby reducing costs to our State and local laws and regulations that single family housing borrowers. are in conflict with this rule will be Intergovernmental Review On August 26, 2005 (70 FR 50222), preempted, (2) no retroactive effect will RHS conducts intergovernmental the Rural Housing Service proposed to be given to this rule, and (3) consultation in the manner delineated change the surety requirements for administrative proceedings in in RD Instruction 1940–J, Single Family Housing loans under accordance with 7 CFR part 11 must be ‘‘Intergovernmental Review of Rural Section 502 of the Housing Act of 1949 exhausted before bringing suit in court Development Programs and Activities,’’ (42 U.S.C. 1472). The rule, open for challenging action taken under this rule, and in 7 CFR part 3015, subpart V. The comment for a period of 60 days, unless those regulations specifically Very Low to Moderate Income Housing received two comments regarding its allow bringing suit at an earlier time. Loans Program, Number 10.410, is not implementation in Rural Housing Regulatory Flexibility Act subject to the provisions of Executive procedure. The first comment is in favor Order 12372, which requires of this final rule, thus reinforcing the The Administrator of the Rural intergovernmental consultation with idea that reducing costs for the Housing Service has determined that State and local officials. Rural Rental contractor by raising the threshold at this rule will not have a significant Housing Loans Program, Number which surety is required, ultimately economic impact on a substantial 10.415, conducts intergovernmental benefits the borrower through greater number of small entities as defined in reviews on a case-by-case basis. An cost savings. The second comment does the Regulatory Flexibility Act (5 U.S.C. intergovernmental review for this not favor the proposed rule. The essence 601 et seq.). New provisions included in revision is not required or applicable. of this argument is based upon this rule will not impact a substantial protecting federal funds, by providing number of small entities to a greater Background surety (performance and payment extent than large entities. Therefore, a RHS administers the Direct Single bonds). The cost of surety places a regulatory flexibility analysis was not Family Housing Loan and Grant greater financial burden on the performed. program pursuant to 7 CFR part 3550,

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designed to assist very low and low- List of Subjects in 7 CFR Part 1924 comments are received by June 1, 2006. income households to obtain modest, Agriculture, Construction A significant adverse comment is a decent, safe, and sanitary housing for management, Construction and repair, comment where the commenter use as permanent residences in rural Energy conservation, Housing, Loan explains why the rule would be areas. Direct loans may be used to buy, programs—Agriculture, Low and inappropriate, including challenges to build, or improve the applicant’s moderate income housing. the rule’s underlying premise or permanent residence. RHS regulations approach, or would be ineffective or I in 7 CFR part 1924, subpart A, contain For the reasons set forth in the unacceptable without a change. If the requirements for construction which is preamble, chapter XVIII, title 7, of the rule is withdrawn, timely notice will be funded with direct RHS loans, including Code of Federal Regulations is amended published in the Federal Register. as follows: direct single family housing loans. The ADDRESSES: You may submit comments regulation also applies to larger direct PART 1924—CONSTRUCTION AND by any one of the following methods. funded construction projects by other REPAIR Please include the following number programs in the Rural Development (RIN 3150–AH93) in the subject line of I mission area. This regulation was 1. The authority citation for part 1924 your comments. Comments on originally promulgated on March 13, continues to read as follows: rulemakings submitted in writing or in 1987 in 52 FR 41833. One of the Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 electronic form will be made available requirements in this regulation is that U.S.C. 1480. for public inspection. Because your for construction work performed by the comment will not be edited to remove Subpart A—Planning and Performing contract method (where the borrower any identifying or contact information, Construction and Other Development contracts with a builder for the the NRC cautions you against including construction), the builder must obtain a I 2. Section 1924.6 is amended by personal information such as social surety bond guaranteeing payment and security numbers and birth dates in performance in the amount of the revising paragraph (a)(3)(i)(A) to read as follows: your submission. contract when the contract exceeds Mail comments to: Secretary, U.S. $100,000. This amount has remained § 1924.6 Performing development work. Nuclear Regulatory Commission, unchanged since 1987. In 1987, a single * * * * * Washington, DC 20555–0001, ATTN: family house constructed and financed (a) * * * Rulemakings and Adjudications Staff. under the direct single family housing (3) * * * E-mail comments to: [email protected]. If loan program would not exceed (i) * * * you do not receive a reply e-mail $100,000. Since 1987, construction costs (A) The contract exceeds the confirming that we have received your for single family houses financed by applicable Rural Development Single comments, contact us directly at (301) RHS have dramatically increased so that Family Housing area loan limit as per 7 415–1966. You may also submit now construction costs frequently CFR 3550.63. (Loan limits are available comments via the NRC’s rulemaking exceed $100,000. The requirement that at the local Rural Development field Web site at http://ruleforum.llnl.gov. builders obtain surety bonds when the office.) construction contract exceeds $100,000 Address questions about our rulemaking * * * * * has made it difficult for contractors to Web site to Carol Gallagher (301) 415– compete for direct single family housing Dated: March 30, 2006. 5905; e-mail [email protected]. Comments projects financed by RHS. While the Russell T. Davis, can also be submitted via the Federal regulation contains internal exceptions Administrator, Rural Housing Service. eRulemaking Portal http:// www.regulatons.gov. for the $100,000 requirement, none of [FR Doc. 06–4089 Filed 5–1–06; 8:45 am] Hand deliver comments to: 11555 these exceptions satisfactorily resolves BILLING CODE 3410–XV–P the cost burden for builders of direct Rockville Pike, Rockville, Maryland single family housing. 20852, between 7:30 a.m. and 4:15 p.m. The revision to 7 CFR Federal workdays [telephone (301) 415– NUCLEAR REGULATORY 1966]. 1924.6(a)(3)(i)(A) will facilitate the COMMISSION process of construction by raising the Fax comments to: Secretary, U.S. threshold when the contractor must 10 CFR Part 72 Nuclear Regulatory Commission at (301) acquire surety bonds. The purpose of 415–1101. this regulation is to revise the existing RIN 3150–AH93 Publicly available documents related surety bond requirement for direct to this rulemaking may be viewed List of Approved Spent Fuel Storage electronically on the public computers funded single family housing. The new Casks: NUHOMS HD Addition threshold will be when the contract located at the NRC’s Public Document exceeds the applicable RHS area single AGENCY: Nuclear Regulatory Room (PDR), O–1F21, One White Flint family housing loan limit as established Commission. North, 11555 Rockville Pike, Rockville, pursuant to 7 CFR 3550.63. The limit for ACTION: Direct final rule. Maryland. Selected documents, any particular area is available from any including comments, can be viewed and Rural Development office. SUMMARY: The Nuclear Regulatory downloaded electronically via the NRC The provisions in 7 CFR Commission (NRC) is amending its rulemaking Web site at http://  1924.6(a)(3)(i) that require payment and regulations to add the NUHOMS HD ruleforum.llnl.gov. performance bonds when construction cask system to the list of approved spent Publicly available documents created is under this threshold amount remain fuel storage casks. This direct final rule or received at the NRC after November unchanged. RHS has determined that allows the holders of power reactor 1, 1999, are available electronically at changing the threshold for payment and operating licenses to store spent fuel in the NRC’s Electronic Reading Room at performance bonds provides for more this approved cask system under a http://www.nrc.gov/NRC/ADAMS/ flexibility, is locality based, borrowers general license. index.html. From this site, the public are adequately protected, and housing DATES: The final rule is effective July 17, can gain entry into the NRC’s costs are reduced. 2006, unless significant adverse Agencywide Document Access and

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Management System (ADAMS), which Storage Casks,’’ containing procedures specified in the CoC, the TS, and NRC provides text and image files of NRC’s and criteria for obtaining NRC approval regulations, will meet the requirements public documents. If you do not have of spent fuel storage cask designs. of Part 72; thus, adequate protection of access to ADAMS or if there are public health and safety will continue to Discussion problems in accessing the documents be ensured. located in ADAMS, contact the NRC On May 5, 2004, and as supplemented Discussion of Amendments by Section PDR Reference staff at 1–800–397–4209, on July 6, August 16, October 11, 301–415–4737, or by e-mail to October 28, November 19, 2004; Section 72.214 List of Approved Spent [email protected]. An electronic copy of the February 18, March 7, April 14, May 20, Fuel Storage Casks proposed Certificate of Compliance May 24, August 16, 2005; and January CoC No. 1030 is added to the list of (CoC), TS, and preliminary safety 24 and February 15, 2006, the certificate approved spent fuel storage casks. evaluation report (SER) can be found holder, Transnuclear, Inc. (TN), submitted an application to the NRC to under ADAMS Accession Nos.  Procedural Background ML052860036, ML052860043, and add the NUHOMS HD cask system to This rule is limited to the conditions ML052860049, respectively. the list of NRC approved casks for spent contained in CoC No. 1030. The NRC is CoC No. 1030, the TS, the underlying fuel storage in 10 CFR 72.214. The  using the ‘‘direct final rule procedure’’ SER, and the Environmental Assessment NUHOMS HD System provides for the to issue this addition because it (EA) are available for inspection at the horizontal storage of high burnup spent represents an improved version of the NRC PDR, 11555 Rockville Pike, pressurized water reactor fuel Standardized NUHOMS System Rockville, MD. Single copies of these assemblies in a dry shielded canister described in existing CoC 1004, and its documents may be obtained from Jayne that is placed in a horizontal storage addition to the list of approved spent M. McCausland, Office of Nuclear module utilizing an OS187H transfer fuel storage casks is expected to be Material Safety and Safeguards, U.S. cask. The system is an improved version  noncontroversial. Adequate protection Nuclear Regulatory Commission, of the Standardized NUHOMS System  of public health and safety continues to Washington, DC 20555–0001, telephone described in CoC 1004. The NUHOMS be ensured. The amendment to the rule (301) 415–6219, e-mail [email protected]. HD System has been optimized for high thermal loads, limited space, and will become effective on July 17, 2006. FOR FURTHER INFORMATION CONTACT: radiation shielding performance. The However, if the NRC receives significant Jayne M. McCausland, Office of Nuclear –32PTH dry shielded canister (DSC) adverse comments by June 1, 2006, then Material Safety and Safeguards, U.S. included in this system is similar to the the NRC will publish a document that Nuclear Regulatory Commission, –24PTH DSC submitted for licensing as withdraws this action and will address Washington, DC 20555–0001, telephone Amendment No. 8 to the Standardized the comments received in response to (301) 415–6219, e-mail [email protected]. NUHOMS System. The –32PTH DSC the proposed amendments, published SUPPLEMENTARY INFORMATION: will be transferred during loading elsewhere in this issue of the Federal Background operations using the OS–187H transfer Register, in a subsequent final rule. The cask (TC). The OS–187H TC is very NRC will not initiate a second comment Section 218(a) of the Nuclear Waste similar to the OS–197 and OS–197 TCs period on this action. Policy Act of 1982, as amended described in the final safety analysis A significant adverse comment is a (NWPA), requires that ‘‘[t]he Secretary report for the Standardized NUHOMS comment where the commenter [of the Department of Energy (DOE)] System. The –32PTH DSC will be stored explains why the rule would be shall establish a demonstration program, in a horizontal storage module (HSM), inappropriate, including challenges to in cooperation with the private sector, designated the HSM–H. The HSM–H is the rule’s underlying premise or for the dry storage of spent nuclear fuel virtually identical to the HSM–H approach, or would be ineffective or at civilian nuclear power reactor sites, submitted for licensing as Amendment unacceptable without a change. A  with the objective of establishing one or No. 8 to the Standardized NUHOMS comment is adverse and significant if: more technologies that the [Nuclear System. The NRC finds that the TN (1) The comment opposes the rule and Regulatory] Commission may, by rule,  NUHOMS HD cask system, as designed provides a reason sufficient to require a approve for use at the sites of civilian and when fabricated and used in substantive response in a notice-and- nuclear power reactors without, to the accordance with the conditions comment process. For example, in a maximum extent practicable, the need specified in its CoC, meets the substantive response: for additional site-specific approvals by requirements of 10 CFR Part 72. Thus, (a) The comment causes the NRC staff the Commission.’’ Section 133 of the use of the TN NUHOMS HD cask NWPA states, in part, that ‘‘[t]he to reevaluate (or reconsider) its position system, as approved by the NRC, will or conduct additional analysis; Commission shall, by rule, establish provide adequate protection of public (b) The comment raises an issue procedures for the licensing of any health and safety and the environment. serious enough to warrant a substantive technology approved by the Simultaneously, the NRC is issuing a response to clarify or complete the Commission under Section 218(a) for final SER and CoC that will be effective record; or use at the site of any civilian nuclear on July 17, 2006. Single copies of the power reactor.’’ CoC and SER are available for public (c) The comment raises a relevant To implement this mandate, the NRC inspection and/or copying for a fee at issue that was not previously addressed approved dry storage of spent nuclear the NRC Public Document Room, O– or considered by the NRC staff. fuel in NRC-approved casks under a 1F21, 11555 Rockville Pike, Rockville, (2) The comment proposes a change general license by publishing a final MD. or an addition to the rule, and it is rule in 10 CFR Part 72 entitled ‘‘General This direct final rule adds the apparent that the rule would be License for Storage of Spent Fuel at NUHOMS HD Storage System to the ineffective or unacceptable without Power Reactor Sites’’ (55 FR 29181; July listing in 10 CFR 72.214 by adding CoC incorporation of the change or addition. 18, 1990). This rule also established a No. 1030. (3) The comment causes the NRC staff new Subpart L within 10 CFR Part 72, The NUHOMS HD Storage System, to make a change (other than editorial) entitled ‘‘Approval of Spent Fuel when used under the conditions to the CoC or TS.

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Voluntary Consensus Standards list of approved spent fuel storage casks for the storage of spent nuclear fuel in The National Technology Transfer that power reactor licensees can use to cask systems with designs approved by store spent fuel at reactor sites under a the NRC under a general license. Any and Advancement Act of 1995 (Pub. L.  104–113) requires that Federal agencies general license. The NUHOMS HD nuclear power reactor licensee can use use technical standards that are System provides for the horizontal cask systems with designs approved by developed or adopted by voluntary storage of high burnup spent the NRC to store spent nuclear fuel if it consensus standards bodies unless the pressurized water reactor fuel notifies the NRC in advance, the spent use of such a standard is inconsistent assemblies in a dry shielded canister fuel is stored under the conditions with applicable law or otherwise that is placed in a horizontal storage specified in the cask’s CoC, and the impractical. In this direct final rule, the module utilizing an OS187H transfer conditions of the general license are  cask. The system is an improved version met. In that rule, four spent fuel storage NRC will add the NUHOMS HD  System to the listing in § 72.214 (List of of the Standardized NUHOMS System casks were approved for use at reactor  NRC-approved spent fuel storage cask described in CoC 1004. The NUHOMS sites and were listed in 10 CFR 72.214. designs). This action does not constitute HD System has been optimized for high That rule envisioned that storage casks the establishment of a standard that thermal loads, limited space, and certified in the future could be routinely establishes generally applicable radiation shielding performance. The added to the listing in 10 CFR 72.214 requirements. –32PTH dry shielded canister (DSC) through the rulemaking process. included in this system is similar to the Procedures and criteria for obtaining Agreement State Compatibility –24PTH DSC submitted for licensing as NRC approval of new spent fuel storage Under the ‘‘Policy Statement on Amendment No. 8 to the Standardized cask designs were provided in 10 CFR  Adequacy and Compatibility of NUHOMS System. The –32PTH DSC part 72, subpart L. Agreement State Programs’’ approved by will be transferred during loading The alternative to this action is to the Commission on June 30, 1997, and operations using the OS–187H transfer withhold approval of this new design published in the Federal Register on cask (TC). The OS–187H TC is very and issue a site-specific license to each September 3, 1997 (62 FR 46517), this similar to the OS–197 and OS–197 TCs utility that proposes to use the casks. rule is classified as Compatibility described in the final safety analysis This alternative would cost both the Category ‘‘NRC.’’ Compatibility is not report for the Standardized NUHOMS NRC and utilities more time and money required for Category ‘‘NRC’’ System. The –32PTH DSC will be stored for each site-specific license. regulations. The NRC program elements in a horizontal storage module (HSM), Conducting site-specific reviews would in this category are those that relate designated the HSM–H. The HSM–H is ignore the procedures and criteria directly to areas of regulation reserved virtually identical to the HSM–H currently in place for the addition of to the NRC by the Atomic Energy Act of submitted for licensing as Amendment new cask designs that can be used under 1954, as amended (AEA), or the No. 8 to the Standardized NUHOMS a general license, and would be in provisions of Title 10 of the Code of System. The EA and finding of no conflict with NWPA direction to the Federal Regulations. Although an significant impact on which this Commission to approve technologies for Agreement State may not adopt program determination is based are available for the use of spent fuel storage at the sites elements reserved to NRC, it may wish inspection at the NRC Public Document of civilian nuclear power reactors to inform its licensees of certain Room, 11555 Rockville Pike, Rockville, without, to the maximum extent requirements via a mechanism that is MD. Single copies of the EA and finding practicable, the need for additional site consistent with the particular State’s of no significant impact are available reviews. This alternative also would administrative procedure laws but does from Jayne M. McCausland, Office of tend to exclude new vendors from the not confer regulatory authority on the Nuclear Material Safety and Safeguards, business market without cause and State. U.S. Nuclear Regulatory Commission, would arbitrarily limit the choice of cask designs available to power reactor Plain Language Washington, DC 20555–0001, telephone (301) 415–6219, e-mail [email protected]. licensees. This final rulemaking will The Presidential Memorandum dated eliminate the above problems and is June 1, 1998, entitled ‘‘Plain Language Paperwork Reduction Act Statement consistent with previous Commission in Government Writing,’’ directed that This direct final rule does not contain actions. Further, the rule will have no the Government’s writing be in plain a new or amended information adverse effect on public health and language. The NRC requests comments collection requirement subject to the safety. on this direct final rule specifically with Paperwork Reduction Act of 1995 (44 The benefit of this rule to nuclear respect to the clarity and effectiveness U.S.C. 3501 et seq.). Existing power reactor licensees is to make of the language used. Comments should requirements were approved by the available a greater choice of spent fuel be sent to the address listed under the Office of Management and Budget, storage cask designs that can be used heading ADDRESSES above. Approval Number 3150–0132. under a general license. The new cask vendors with casks to be listed in 10 Finding of No Significant Public Protection Notification CFR 72.214 benefit by having to obtain Environmental Impact: Availability The NRC may not conduct or sponsor, NRC certificates only once for a design Under the National Environmental and a person is not required to respond that can then be used by more than one Policy Act of 1969, as amended, and the to, a request for information or an power reactor licensee. The NRC also NRC regulations in subpart A of 10 CFR information collection requirement benefits because it will need to certify part 51, the NRC has determined that unless the requesting document a cask design only once for use by this rule, if adopted, would not be a displays a currently valid OMB control multiple licensees. Casks approved major Federal action significantly number. through rulemaking are to be suitable affecting the quality of the human for use under a range of environmental environment and, therefore, an Regulatory Analysis conditions sufficiently broad to environmental impact statement is not On July 18, 1990 (55 FR 29181), the encompass multiple nuclear power required. The rule will add the CoC for Commission issued an amendment to 10 plants in the United States without the the NUHOMS HD System within the CFR Part 72. The amendment provided need for further site-specific approval

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by NRC. Vendors with cask designs Atomic Energy Act of 1954, as amended; Model Number: NUHOMS HD– already listed may be adversely the Energy Reorganization Act of 1974, 32PTH. impacted because power reactor as amended; and 5 U.S.C. 552 and 553; * * * * * licensees may choose a newly listed the NRC is adopting the following design over an existing one. However, amendments to 10 CFR part 72. Dated at Rockville, Maryland, this 13th day the NRC is required by its regulations of April, 2006. and NWPA direction to certify and list PART 72—LICENSING For the Nuclear Regulatory Commission. approved casks. This rule has no REQUIREMENTS FOR THE William F. Kane, INDEPENDENT STORAGE OF SPENT significant identifiable impact or benefit Acting Executive Director for Operations. NUCLEAR FUEL, HIGH-LEVEL on other Government agencies. [FR Doc. 06–4115 Filed 5–1–06; 8:45 am] Based on the above discussion of the RADIOACTIVE WASTE, AND benefits and impacts of the alternatives, REACTOR-RELATED GREATER THAN BILLING CODE 7590–01–P the NRC concludes that the CLASS C WASTE requirements of the final rule are I commensurate with the Commission’s 1. The authority citation for part 72 responsibilities for public health and continues to read as follows: FARM CREDIT SYSTEM INSURANCE safety and the common defense and Authority: Secs. 51, 53, 57, 62, 63, 65, 69, CORPORATION security. No other available alternative 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 12 CFR Part 1412 is believed to be as satisfactory, and 929, 930, 932, 933, 934, 935, 948, 953, 954, thus, this action is recommended. 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, RIN 3055–AA08 Regulatory Flexibility Certification 2093, 2095, 2099, 2111, 2201, 2232, 2233, Under the Regulatory Flexibility Act 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. Golden Parachute and Indemnification L. 86–373, 73 Stat. 688, as amended (42 Payments of 1980 (5 U.S.C. 605(b)), the NRC U.S.C. 2021); sec. 201, as amended, 202, 206, certifies that this rule will not, if issued, 88 Stat. 1242, as amended, 1244, 1246 (42 have a significant economic impact on U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. AGENCY: Farm Credit System Insurance a substantial number of small entities. 10, 92 Stat. 2951 as amended by Pub. L. 102– Corporation (FCSIC or Corporation). This direct final rule affects only the 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. ACTION: Notice of effective date. licensing and operation of nuclear 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 power plants, independent spent fuel (42 U.S.C. 4332); secs. 131, 132, 133, 135, SUMMARY: storage facilities, and TN. The 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, The Corporation published a companies that own these plants do not 2232, 2241, sec. 148, Pub. L. 100–203, 101 final rule under part 1412 on February Stat. 1330–235 (42 U.S.C. 10151, 10152, fall within the scope of the definition of 13, 2006 (71 FR 7402) limiting golden 10153, 10155, 10157, 10161, 10168); sec. parachute and indemnification ‘‘small entities’’ set forth in the 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Regulatory Flexibility Act or the Small payments to institution-related parties sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 (IRPs) by Farm Credit System Business Size Standards set out in (42 U.S.C. 2014, 2021, 2021b, 2111). regulations issued by the Small Section 72.44(g) also issued under secs. institutions, including their Business Administration at 13 CFR part 142(b) and 148(c), (d), Pub. L. 100–203, 101 subsidiaries, service corporations and 121. Stat. 1330–232, 1330–236 (42 U.S.C. affiliates. The purpose of the rule is to 10162(b), 10168(c), (d)). Section 72.46 also prevent abuses in golden parachute and Backfit Analysis issued under sec. 189, 68 Stat. 955 (42 U.S.C. indemnity payments and to protect the The NRC has determined that the 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 assets of the institution and the Farm backfit rule (10 CFR 50.109 or 10 CFR (42 U.S.C. 10154). Section 72.96(d) also Credit System Insurance Fund. In issued under sec. 145(g), Pub. L. 100–203, accordance with 12 U.S.C. 2252, the 72.62) does not apply to this direct final 101 Stat. 1330–235 (42 U.S.C. 10165(g)). rule because this amendment does not Subpart J also issued under secs. 2(2), 2(15), effective date of the final rule is 30 days involve any provisions that would 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. from the date of publication in the impose backfits as defined. Therefore, a 2202, 2203, 2204, 2222, 2224 (42 U.S.C. Federal Register during which either or backfit analysis is not required. 10101, 10137(a), 10161(h)). Subparts K and L both Houses of Congress are in session. are also issued under sec. 133, 98 Stat. 2230 Based on the records of Congress, the Congressional Review Act (42 U.S.C. 10153) and sec. 218(a), 96 Stat. effective date of the regulation is April Under the Congressional Review Act 2252 (42 U.S.C. 10198). 26, 2006. of 1996, the NRC has determined that I 2. In § 72.214, Certificate of this action is not a major rule and has EFFECTIVE DATE: The regulation adding Compliance 1030 is added to read as verified this determination with the 12 CFR part 1412 published on February follows: Office of Information and Regulatory 13, 2006 (71 FR 7402) is effective April Affairs, Office of Management and § 72.214 List of approved spent fuel 26, 2006. Budget. storage casks. FOR FURTHER INFORMATION CONTACT: List of Subjects in 10 CFR Part 72 * * * * * Dorothy L. Nichols, Chief Operating Certificate Number: 1030. Officer, Farm Credit System Insurance Administrative practice and Initial Certificate Effective Date: July Corporation, 1501 Farm Credit Drive, procedure, Criminal penalties, 17, 2006. McLean, VA 22102, 703–883–4211, TTY Manpower training programs, Nuclear SAR Submitted by: Transnuclear, Inc. 703–883–4390, Fax 703–790–9088. materials, Occupational safety and SAR Title: Final Safety Analysis Dated: April 26, 2006. health, Penalties, Radiation protection, Report for the NUHOMS HD Reporting and recordkeeping Horizontal Modular Storage System for Roland E. Smith, requirements, Security measures, Spent Irradiated Nuclear Fuel. Secretary to the Board, Farm Credit System fuel, Whistleblowing. Docket Number: 72–1030. Insurance Corporation. I For the reasons set out in the Certificate Expiration Date: July 17, [FR Doc. 06–4095 Filed 5–1–06; 8:45 am] preamble and under the authority of the 2026. BILLING CODE 6710–01–P

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DEPARTMENT OF TRANSPORTATION 1Y5, Canada, for service information Costs of Compliance identified in this AD. This new AD adds no new costs to Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: affected operators; in fact, it reduces the Douglas G. Wagner, Aerospace Engineer, costs for airplanes that are not subject to 14 CFR Part 39 Systems and Flight Test Branch, ANE– the modification of certain wiring. [Docket No. FAA–2006–23820; Directorate 172, New York Aircraft Certification We estimate that 173 airplanes of U.S. Identifier 2005–NM–249–AD; Amendment Office, FAA, 1600 Stewart Avenue, registry will be subject to the inspection, 39–14578; AD 2004–03–15 R1] Suite 410, Westbury, New York 11590; installation of additional tie-mounts and RIN 2120–AA64 telephone (516) 228–7306; fax (516) tie-wraps, and application of sealant to 794–5531. rivet heads that are currently required Airworthiness Directives; Bombardier SUPPLEMENTARY INFORMATION: by AD 2004–03–15. These actions take Model DHC–8–102, –103, –106, –201, between 80 and 100 work hours per –202, –301, –311, and –315 Airplanes Examining the Docket airplane, at an average labor rate of $65 per work hour. Required parts are AGENCY: You may examine the AD docket on Federal Aviation provided by the manufacturer at no cost Administration (FAA), Department of the Internet at http://dms.dot.gov or in person at the Docket Management to the operator. Based on these figures, Transportation (DOT). the estimated cost of these actions on ACTION: Final rule. Facility office between 9 a.m. and 5 p.m., Monday through Friday, except U.S. operators is between $899,600 and $1,124,500, or between $5,200 and SUMMARY: The FAA is revising an Federal holidays. The Docket $6,500 per airplane. existing airworthiness directive (AD) Management Facility office (telephone We estimate that 103 airplanes of U.S. that applies to certain Bombardier (800) 647–5227) is located on the plaza registry are subject to the modification Model DHC–8–102, –103, –106, –201, level of the Nassif Building at the street of certain wiring that is currently –202, –301, –311, and –315 airplanes. address stated in the ADDRESSES section. required by AD 2004–03–15. This action That AD currently requires performing a Discussion takes approximately 10 work hours per one-time inspection to detect chafing of airplane, at an average labor rate of $65 electrical wires in the cable trough The FAA proposed to amend part 39 per work hour. Required parts are below the cabin floor; repairing, if of the Federal Aviation Regulations (14 provided by the manufacturer at no cost necessary; installing additional tie- CFR part 39) with an airworthiness to the operator. Based on these figures, mounts and tie-wraps; applying sealant directive (AD) to revise AD 2004–03–15, the estimated cost of the modification to rivet heads; and modifying electrical amendment 39–13459 (69 FR 7111, on U.S. operators is $66,950, or $650 per wires in certain sections. We issued that February 13, 2004). The existing AD airplane. AD to prevent chafing of electrical applies to certain Bombardier Model wires. This new AD, for certain DHC–8–102, –103, –106, –201, –202, Authority for This Rulemaking airplanes, eliminates the requirement to –301, –311, and –315 airplanes. The Title 49 of the United States Code modify electrical wires in certain proposed AD was published in the specifies the FAA’s authority to issue sections. This AD results from a report Federal Register on February 8, 2006 rules on aviation safety. Subtitle I, indicating that the modification of (71 FR 6408) to, for certain airplanes, section 106, describes the authority of electrical wires does not need to be eliminate the requirement to modify the FAA Administrator. Subtitle VII, done on certain airplanes subject to the electrical wires in certain sections. Aviation Programs, describes in more existing AD. We are issuing this AD to Comments detail the scope of the Agency’s prevent chafing of electrical wires, authority. which could result in an uncommanded We provided the public the We are issuing this rulemaking under shutdown of an engine during flight. opportunity to participate in the the authority described in subtitle VII, DATES: The effective date of this AD is development of this AD. We received no part A, subpart III, section 44701, March 19, 2004. comments on the NPRM or on the ‘‘General requirements.’’ Under that On March 19, 2004 (69 FR 7111, determination of the cost to the public. section, Congress charges the FAA with February 13, 2004), the Director of the Changes to NPRM promoting safe flight of civil aircraft in Federal Register approved the air commerce by prescribing regulations incorporation by reference of We have corrected a typographical for practices, methods, and procedures Bombardier Service Bulletin 8–53–80, error in paragraph (i) of the NPRM by the Administrator finds necessary for Revision ‘‘A’’, dated July 25, 2000. changing the date of the Canadian safety in air commerce. This regulation On October 27, 1998 (63 FR 50501, airworthiness directive. is within the scope of that authority September 22, 1998) the Director of the We have also revised the model because it addresses an unsafe condition Federal Register approved the designations in the NPRM to match the that is likely to exist or develop on incorporation by reference of format of the model designations in AD products identified in this rulemaking Bombardier Service Bulletin S.B. 8–53– 2004–03–15. action. 66, dated March 27, 1998. Conclusion Regulatory Findings ADDRESSES: You may examine the AD docket on the Internet at http:// We have carefully reviewed the We have determined that this AD will dms.dot.gov or in person at the Docket available data and determined that air not have federalism implications under Management Facility, U.S. Department safety and the public interest require Executive Order 13132. This AD will of Transportation, 400 Seventh Street, adopting the AD with the change not have a substantial direct effect on SW., Nassif Building, Room PL–401, described previously. We have the States, on the relationship between Washington, DC. determined that this change will neither the national government and the States, Contact Bombardier, Inc., Bombardier increase the economic burden on any or on the distribution of power and Regional Aircraft Division, 123 Garratt operator nor increase the scope of the responsibilities among the various Boulevard, Downsview, Ontario M3K AD. levels of government.

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For the reasons discussed above, I Compliance approve AMOCs for this AD, if requested in certify that this AD: (e) You are responsible for having the accordance with the procedures found in 14 (1) Is not a ‘‘significant regulatory actions required by this AD performed within CFR 39.19. action’’ under Executive Order 12866; the compliance times specified, unless the (2) Before using any AMOC approved in actions have already been done. accordance with § 39.19 on any airplane to (2) Is not a ‘‘significant rule’’ under which the AMOC applies, notify the DOT Regulatory Policies and Procedures Requirements of AD 2004–03–15 appropriate principal inspector in the FAA (44 FR 11034, February 26, 1979); and One-time Inspection, Corrective Action, and Flight Standards Certificate Holding District (3) Will not have a significant Modification Office. economic impact, positive or negative, (f) Perform a one-time general visual on a substantial number of small entities inspection to detect chafing of electrical Related Information under the criteria of the Regulatory wires in the cable trough below the cabin (i) Canadian airworthiness directive CF– Flexibility Act. floor; install additional tie-mounts and tie- 1998–08R2, dated July 12, 2000, also wraps; and apply sealant to rivet heads addresses the subject of this AD. We prepared a regulatory evaluation (reference Bombardier Modification 8/2705); of the estimated costs to comply with in accordance with Bombardier Service Material Incorporated by Reference this AD and placed it in the AD docket. Bulletin S.B. 8–53–66, dated March 27, 1998, See the ADDRESSES section for a location at the time specified in paragraph (f)(1) or (j) You must use Bombardier Service to examine the regulatory evaluation. (f)(2) of this AD, as applicable. If any chafing Bulletin S.B. 8–53–66, dated March 27, 1998; is detected during the inspection required by and Bombardier Service Bulletin 8–53–80, List of Subjects in 14 CFR Part 39 this paragraph, prior to further flight, repair Revision ‘‘A,’’ dated July 25, 2000; as in accordance with the service bulletin. applicable, to perform the actions that are Air transportation, Aircraft, Aviation required by this AD, unless the AD specifies safety, Incorporation by reference, Note 1: For the purposes of this AD, a general visual inspection is defined as: ‘‘A otherwise. Safety. visual examination of an interior or exterior (1) On March 19, 2004 (69 FR 7111, Adoption of the Amendment area, installation, or assembly to detect February 13, 2004), the Director of the obvious damage, failure, or irregularity. This Federal Register approved the incorporation level of inspection is made from within I Accordingly, under the authority by reference of Bombardier Service Bulletin delegated to me by the Administrator, touching distance unless otherwise specified. A mirror may be necessary to enhance visual 8–53–80, Revision ‘‘A,’’ dated July 25, 2000. the FAA amends 14 CFR part 39 as access to all exposed surfaces in the (2) The incorporation by reference of follows: inspection area. This level of inspection is Bombardier Service Bulletin S.B. 8–53–66, made under normally available lighting dated March 27, 1998, was approved PART 39—AIRWORTHINESS conditions such as daylight, hangar lighting, previously by the Director of the Federal DIRECTIVES flashlight, or droplight and may require Register as of October 27, 1998 (63 FR 50501, removal or opening of access panels or doors. September 22, 1998). I 1. The authority citation for part 39 Stands, ladders, or platforms may be required (3) Contact Bombardier, Inc., Bombardier to gain proximity to the area being checked.’’ continues to read as follows: Regional Aircraft Division, 123 Garratt Authority: 49 U.S.C. 106(g), 40113, 44701. (1) For airplanes having serial numbers 3 Boulevard, Downsview, Ontario M3K 1Y5, through 518 inclusive, excluding serial Canada, for a copy of this service § 39.13 [Amended] number 462: Inspect within 36 months after October 27, 1998 (the effective date of AD information. You may review copies at the I 2. The Federal Aviation 98–20–14, amendment 39–10781). Docket Management Facility, U.S. Administration (FAA) amends § 39.13 (2) For airplanes having serial numbers 519 Department of Transportation, 400 Seventh by removing amendment 39–13459 (69 through 540 inclusive: Inspect within 36 Street, SW., Room PL–401, Nassif Building, FR 7111, February 13, 2004) and adding months after November 10, 1999 (the Washington, DC; on the Internet at http:// the following new airworthiness effective date of AD 99–21–09, amendment dms.dot.gov; or at the National Archives and directive (AD): 39–11352, which superseded AD 98–20–14), Records Administration (NARA). For or at the next ‘‘C’’ check, whichever occurs information on the availability of this 2004–03–15 R1 Bombardier, Inc. (Formerly first. material at the NARA, call (202) 741–6030, de Havilland, Inc.): Amendment 39– Modification or go to http://www.archives.gov/ 14578. Docket No. FAA–2006–23820; _ _ _ _ Directorate Identifier 2005–NM–249–AD. (g) For Model DHC–8–102, –103, and –106 federal register/code of federal regulations/ airplanes; and Model DHC–8–201 and –202 ibr_locations.html. Effective Date series airplanes: Within 36 months after (a) The effective date of this AD is March March 19, 2004 (the effective date of AD Issued in Renton, Washington, on April 19, 19, 2004. 2004–03–15), modify the electrical wires in 2006. the cable trough below the cabin floor at Kalene C. Yanamura, Affected ADs Sections X510.00 to X580.50 (including (b) This AD revises AD 2004–03–15. performing a general visual inspection and Acting Manager, Transport Airplane any applicable repair), in accordance with Directorate, Aircraft Certification Service. Applicability Part III, paragraphs 1 through 9 and 12 [FR Doc. 06–4050 Filed 5–1–06; 8:45 am] (c) This AD applies to Bombardier Model through 20, of the Accomplishment BILLING CODE 4910–13–P DHC–8–102, –103, –106, –201, –202, –301, Instructions of Bombardier Service Bulletin –311, and –315 airplanes; certificated in any 8–53–80, Revision ‘‘A,’’ dated July 25, 2000. category; serial numbers 3 through 540 Any applicable repair must be done before inclusive, excluding serial number 462. further flight. Accomplishment of these actions before March 19, 2004, in accordance Unsafe Condition with Bombardier Service Bulletin 8–53–80, (d) This AD results from a report indicating dated December 22, 1999, is considered that the modification of electrical wires does acceptable for compliance with the actions not need to be done on certain airplanes required by this paragraph. subject to the existing AD. We are issuing this AD to prevent chafing of electrical wires, Alternative Methods of Compliance (AMOCs) which could result in an uncommanded (h)(1) The Manager, New York Aircraft shutdown of an engine during flight. Certification Office, FAA, has the authority to

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DEPARTMENT OF COMMERCE ‘‘applies’’ should have been ‘‘applied’’ decrease may be reduced over time as and the second reference to ‘‘9B005’’ higher performance systems are Bureau of Industry and Security should have been ‘‘9B006.’’ ECCN marketed. Send comments regarding 9B006 controls certain acoustic these burden estimates or any other 15 CFR Part 774 vibration test equipment. aspect of these collections of [Docket No. 060404096–6112–02] The rule also revised Export Control information, including suggestions for Classification Number (ECCN) 4E001. reducing the burden, to OMB Desk RIN 0694–AD66 The regulatory text for ECCN 4E001 Officer, New Executive Office Building, appeared on page 20894 and contained Washington, DC 20503; and to the Implementation of New Formula for two errors. The first error was in the Office of Administration, Bureau of Calculating Computer Performance: License Exception TSR paragraph of the Industry and Security, Department of Adjusted Peak Performance (APP) in License Exceptions section. The phrase Commerce, 14th and Pennsylvania Weighted TeraFLOPS; Bulgaria; XP ‘‘ ‘Adjusted Peak Performance’ (‘APP’) Avenue, NW., Room 6883, Washington, and MT Controls exceeding 0.1 Weighted TeraFLOPS DC 20230. AGENCY: Bureau of Industry and (WT)’’ should have stated ‘‘ ‘Adjusted 3. This rule does not contain policies Security, Commerce. Peak Performance’ (‘APP’) not exceeding with Federalism implications as that 0.1 Weighted TeraFLOPS (WT)’’ ACTION: Correcting amendments. term is defined under E.O. 13132. (emphasis added). The second error 4. The provisions of the SUMMARY: This document corrects four occurred in paragraph .b.2 of the Items Administrative Procedure Act (5 U.S.C. errors that appeared in a rule published paragraph in the ‘‘List of Items 553) requiring notice of proposed by the Bureau of Industry and Security Controlled’’ section. The reference to rulemaking, the opportunity for public on April 24, 2006 (71 FR 20876). That ‘‘4D001.b.1’’ should have stated participation, and a delay in effective rule implemented a new formula for ‘‘4E001.b.1.’’ ECCN 4E001.b.1 controls date, are inapplicable because this computer performance as agreed to by certain technology that is specially regulation involves a military and the Wassenaar Arrangement, moved designed or modified for the foreign affairs function of the United Bulgaria from Computer Tier 3 to development or production of certain States (5 U.S.C. 553(a)(1)). Further, no Computer Tier 1, and made other digital computers. other law requires that a notice of related technical changes. This document corrects all four errors. proposed rulemaking and an DATES: Effective May 2, 2006. Rulemaking Requirements opportunity for public comment be FOR FURTHER INFORMATION CONTACT: For 1. This final rule has been determined given for this final rule. Because a questions of a general nature contact to be not significant for purposes of E.O. notice of proposed rulemaking and an Sharron Cook, Office of Exporter 12866. opportunity for public comment are not Services, Regulatory Policy Division at 2. Notwithstanding any other required to be given for this rule under (202) 482–2440 or e-mail: provision of law, no person is required the Administrative Procedure Act or by [email protected]. to respond to, nor shall any person be any other law, the analytical For questions of a technical nature subject to a penalty for failure to comply requirements of the Regulatory contact: Joseph Young, Office of with a collection of information, subject Flexibility Act (5 U.S.C. 601 et seq.) are National Security and Technology to the requirements of the Paperwork not applicable. Therefore, this Transfer Controls at 202–482–4197 or e- Reduction Act of 1995 (44 U.S.C. 3501 regulation is issued in final form. mail: [email protected]. et seq.) (PRA), unless that collection of Although there is no formal comment SUPPLEMENTARY INFORMATION: information displays a currently valid period, public comments on this Office of Management and Budget regulation are welcome on a continuing Background (OMB) Control Number. This rule basis. Comments should be submitted to On April 24, 2006, the Bureau of involves three collections of information Sharron Cook, Office of Exporter Industry and Security published a final subject to the PRA. The first collection Services, Bureau of Industry and rule to implement the Wassenaar has been approved by OMB under Security, Department of Commerce, P.O. Arrangement’s December 2005 control number 0694–0088, ‘‘Multi- Box 273, Washington, DC 20044. agreement to revise the formula for Purpose Application,’’ and carries a List of Subjects in 15 CFR Part 774 calculating computer performance from burden hour estimate of 58 minutes for Composite Theoretical Performance a manual or electronic submission. The Exports, Reporting and recordkeeping (CTP) measured in Millions of second collection has been approved by requirements. Theoretical Operations Per Second OMB under control number 0694–0106, I For the reasons set forth in the (MTOPS) to Adjusted Peak Performance ‘‘Reporting and Recordkeeping preamble, 15 CFR part 774 is corrected (APP) measured in Weighted Requirements under the Wassenaar by making the following correcting TeraFLOPS (Trillion Floating point Arrangement,’’ and carries a burden amendements: Operations Per Second) (WT) (71 FR hour estimate of 21 minutes for a 20876) and to make certain other manual or electronic submission. The PART 774—[CORRECTED] technical changes to the EAR. One such third collection has been approved by I 1. The authority citation for part 774 change was to remove missile OMB under control number 0694–0073, continues to read as follows: technology as a reason for control from ‘‘Export Controls of High Performance some Export Control Classification Computers,’’ and carries a burden hour Authority: 50 U.S.C. app. 2401 et seq.; 50 Numbers (ECCNs). In the preamble to estimate of 78 hours for a manual or U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. the rule, the discussion of the changes electronic submission. This rule is 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; made to Missile Technology Controls expected to result in an immediate 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 contained two typographical errors. In decrease in license applications, and in U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. the second sentence under the heading associated reporting and support 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. ‘‘Missile Technology Controls’’ in the documentation requirements, for high 106–387; Sec. 221, Pub. L. 107–56; E.O. third column on page 20878, the word performance computers; however, this 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.

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228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 DEPARTMENT OF HEALTH AND For the reasons set forth in the Comp., p. 783; Notice of August 2, 2005, 70 HUMAN SERVICES preamble of this notice, and under the FR 45273 (August 5, 2005). authority of the Federal Food, Drug, and Food and Drug Administration Supplement No. 1 to Part 774 Cosmetic Act, and under authority delegated to the Commissioner of Food [Corrected] 21 CFR Part 210 and Drugs, the revision of 21 CFR part I 2. In Supplement No. 1 to part 774 [Docket No. 2005N–0285] 210, published at 71 FR 2458 (January (the Commerce Control List), Category 17, 2006), is withdrawn. Current Good Manufacturing Practice 4—Computers, Export Control Dated: April 25, 2006. Regulation and Investigational New Classification Number (ECCN) 4E001 Jeffrey Shuren, Drugs; Withdrawal the ‘‘TSR’’ paragraph of the License Assistant Commissioner for Policy. Exceptions section, and the ‘‘items’’ AGENCY: Food and Drug Administration, [FR Doc. 06–4091 Filed 5–1–06; 8:45 am] paragraph in the List of Items Controlled HHS. BILLING CODE 4160–01–S section, are corrected to read as follows: ACTION: Direct final rule; withdrawal. 4E001 ‘‘Technology’’ according to the SUMMARY: The Food and Drug DEPARTMENT OF THE TREASURY General Technology Note, for the Administration (FDA) is withdrawing ‘‘development’’, ‘‘production’’ or ‘‘use’’ of the direct final rule that published in Internal Revenue Service equipment or ‘‘software’’ controlled by 4A the Federal Register of January 17, (except 4A980, 4A993 or 4A994) or 4D 2006, to amend its current good 26 CFR Part 1 (except 4D980, 4D993, 4D994), and other manufacturing practice (CGMP) specified technology, see List of Items regulations for human drugs, including [TD 9253] Controlled. biological products, to exempt most RIN 1545–AY92 * * * * * investigational ‘‘Phase 1’’ drugs from License Exceptions complying with the requirements in Revisions to Regulations Relating to FDA’s regulations. FDA is withdrawing Withholding of Tax on Certain U.S. CIV: * * * the rule because significant adverse Source Income Paid to Foreign TSR: Yes, except technology for comments were received. commodities controlled by ECCN 4A003.b or Persons and Revisions of Information DATES: ECCN 4A003.c is limited to technology for The revision of 21 CFR part 210, Reporting Regulations; Correction computers or electronic assemblies with an published at 71 FR 2458 (January 17, 2006), is withdrawn as of May 2, 2006. AGENCY: Internal Revenue Service (IRS), ‘‘Adjusted Peak Performance’’ (‘‘APP’’) not Treasury. exceeding 0.1 Weighted TeraFLOPS (WT). FOR FURTHER INFORMATION CONTACT: ACTION: Correcting amendment. APP: * * *. Monica Caphart, Center for Drug Evaluation and Research (HFD– SUMMARY: List of Items Controlled 320), Food and Drug This document corrects final regulations and removal of temporary Unit: *** Administration, 5600 Fishers Lane, regulations (TD 9253) that was Related Controls: *** Rockville, MD 20857, 301–827– published in the Federal Register on Related Definitions: *** 9047, or Tuesday, March 14, 2006 (71 FR 13003) Items: Christopher Joneckis, Food and Drug a. ‘‘Technology’’ according to the General Administration, Center for Biologics relating to the withholding of tax under Technology Note, for the ‘‘development,’’ Evaluation and Research (HFM–1), section 1441 on certain U.S. source ‘‘production,’’ or ‘‘use’’ of equipment or 1401 Rockville Pike, Rockville, MD income paid to foreign persons and ‘‘software’’ controlled by 4A (except 4A980, 20852, 301–435–5681. related requirements governing 4A993 or 4A994) or 4D (except 4D980, SUPPLEMENTARY INFORMATION: FDA collection, deposit, refunds, and credits 4D993, 4D994). published a direct final rule on January of withheld amounts under sections b. ‘‘Technology’’, other than that controlled 17, 2006 (71 FR 2458), that was 1461 through 1463. by 4E001.a, specially designed or modified intended to revise the current good DATES: This correction is effective for the ‘‘development’’ or ‘‘production’’ of: manufacturing practice (CGMP) March 14, 2006. b.1. ‘‘Digital computers’’ having an regulations for human drugs, including FOR FURTHER INFORMATION CONTACT: ‘‘Adjusted Peak Performance’’ (‘‘APP’’) biological products, to exempt most Ethan Atticks, (202) 622–3840 (not a exceeding 0.04 Weighted TeraFLOPS (WT); investigational ‘‘Phase 1’’ drugs from toll-free number). or complying with the requirements in SUPPLEMENTARY INFORMATION: b.2. ‘‘Electronic assemblies’’ specially FDA’s regulations. In response to the designed or modified for enhancing direct final rule, the agency received Background performance by aggregation of processors so significant adverse comments about the The final regulations and removal of that the ‘‘APP’’ of the aggregation exceeds the proposed revisions to the rule. temporary regulations (TD 9253) that is limit in 4E001.b.1. Under FDA’s direct final rule the subject of this correction are under Dated: April 27, 2006. procedures, the receipt of any section 1441 of the Internal Revenue Eileen M. Albanese, significant adverse comment will result Code. in the withdrawal of the direct final Director, Office of Exporter Services. rule. Thus, this direct final rule is being Need for Correction [FR Doc. 06–4123 Filed 5–1–06; 8:45 am] withdrawn, effective immediately. As published, TD 9253 contains an BILLING CODE 3510–33–P Comments received by the agency error that may prove to be misleading regarding the withdrawn rule will be and is in need of clarification. considered in developing a final rule using the usual Administrative List of Subjects in 26 CFR Part 1 Procedure Act notice-and-comment Income taxes, Reporting and procedures. recordkeeping requirements.

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Correction of Publication Background on Wine Labeling requirement that 95 percent of the grapes be grown in the same viticultural I TTB Authority Accordingly, 26 CFR part 1 is area. See T.D. ATF–53 (43 FR 37672). corrected by making the following The Federal Alcohol Administration ATF stated, ‘‘We concur that the two correcting amendment: Act (the FAA Act, 27 U.S.C. 201 et seq.) provisions should be divorced, and that gives the Secretary of the Treasury the PART 1—INCOME TAXES vintage should refer only to the year of authority to issue regulations with harvest. * * * The percentage required I Paragraph 1. The authority citation respect to the labeling and advertising of to come from the labeled appellation of for part 1 continues to read, in part, as wines, distilled spirits, and malt origin will vary with the type of follows: beverages. In particular, section 105(e) appellation * * *.’’ of the FAA Act, 27 U.S.C. 205(e), Authority: 26 U.S.C. 7805 * * * provides that such alcohol beverages Vintage Date Petition § 1.1441–6 [Corrected] must be labeled in compliance with On April 12, 2005, the Wine Institute, I Par. 2. Section 1.1441–6(b)(1) is regulations that prohibit deception of a trade association of California amended by removing the language ‘‘If the consumer, provide the consumer wineries, submitted a petition to TTB to the beneficial owner is related to the with ‘‘adequate information’’ as to the amend § 4.27(a) to allow wine labeled person obligated to pay the income, identity and quality of the product, and with a State, multistate, county, or within the meaning of section 267(b) or prohibit false or misleading statements. multicounty appellation of origin (or the foreign equivalent of a State or county) 707(b), the withholding certificate must The Secretary’s authority to administer these regulations has been delegated to to bear a vintage date if at least 85 also contain a representation that the the Alcohol and Tobacco Tax and Trade percent of the wine is derived from beneficial owner will file the statement Bureau (TTB). grapes harvested in the labeled calendar required under § 301.6114–1(d) of this year. In the case of wine with an chapter (if applicable). The requirement Current Vintage Date Requirements American viticultural area (or its foreign to file an information statement under Part 4 of the TTB regulations (27 CFR equivalent) as an appellation of origin, section 6114 for income subject to part 4) contains the rules governing the petitioner proposed to retain the withholding applies only to amounts labeling of wine. The current rules for current requirement that at least 95 received during the taxpayer’s taxable the use of a vintage date on a wine label percent of the grapes in a vintage-dated year that, in the aggregate, exceed are found at 27 CFR 4.27. Section wine be harvested in the year shown on $500,000. See § 301.6114–1(d) of this 4.27(a) provides that at least 95 percent the label. The petitioner noted that TTB chapter.’’. of a vintage-dated wine must have been already set separate standards for Guy R. Traynor, derived from grapes harvested in the viticultural areas and other appellations Chief, Publications and Regulations Branch, calendar year shown on the label and, of origin with regard to the percentage Legal Processing Division, Associate Chief further, that the wine must be labeled of grapes that must be grown in the Counsel (Procedure and Administration). with an appellation of origin other than labeled appellation. We note in this [FR Doc. 06–4088 Filed 5–1–06; 8:45 am] a country (which does not qualify for regard that, pursuant to 27 CFR 4.25, BILLING CODE 4830–01–P vintage labeling). wine is qualified for a country, State, or Before 1972, regulations in part 4 county appellation of origin if at least 75 defined the phrase ‘‘vintage wine’’ as percent of the wine is derived from DEPARTMENT OF THE TREASURY wine that was made ‘‘wholly from grapes grown in the labeled area and grapes gathered in the same calendar other conditions are met, while the Alcohol and Tobacco Tax and Trade year and grown and fermented in the requirement for viticultural area Bureau same viticultural area, and conforming appellations of origin is 85 percent. to the standards prescribed in Classes 1, In support of its request, the 27 CFR Part 4 2, and 3 of § 4.21.’’ In T.D. 7185 (37 FR petitioner provided information on the 7974), published on April 22, 1972, the vintage date labeling requirements of [T.D. TTB–45; Re: Notice No. 49] Internal Revenue Service (IRS), which other wine producing countries. RIN 1513–AB11 administered the FAA Act at the time, According to this material, Australia, amended that definition to allow the New Zealand, and the Member States of Change to Vintage Date Requirements addition of up to 5 percent of other the European Union have an 85-percent, (2005R–212P) wines to vintage wine. An industry same-year content requirement for AGENCY: Alcohol and Tobacco Tax and association had requested this change in vintage-dated wine, while Chile and Trade Bureau, Treasury. order to allow producers to replace wine South Africa require only that 75 lost by evaporation and leakage during percent of the grapes in a vintage-dated ACTION: Final rule; Treasury decision. the aging period. In adopting the wine be grown in the year shown on the SUMMARY: The Alcohol and Tobacco Tax change, the IRS recognized that label. In addition to showing the and Trade Bureau is adopting as a final requiring vintage wine to be derived widespread use of the 85-percent rule, with some changes, a proposed wholly from grapes gathered in the standard in other wine-producing amendment to the regulations stated year was ‘‘unnecessarily countries, the petitioner stated that the pertaining to wine vintage date labeling. restrictive when viewed in the light of disparity in standards raised a concern practices in some of the principal wine that domestic vintage wines may be DATES: Effective date: June 1, 2006. producing countries of the world.’’ The competing with imported vintage wines FOR FURTHER INFORMATION CONTACT: IRS also concluded that liberalization of that do not conform to the 95-percent Marjorie D. Ruhf, Regulations and the vintage date regulations ‘‘would not standard. Rulings Division, Alcohol and Tobacco be adverse to the consumer interest.’’ The petitioner asserted that the Tax and Trade Bureau, 1310 G Street, On August 23, 1978, our predecessor proposed amendment would benefit NW., Washington, DC 20220; telephone Agency, the Bureau of Alcohol, Tobacco both U.S. winemakers and American 202–927–8202. and Firearms (ATF), again amended the consumers because of the advantage SUPPLEMENTARY INFORMATION: vintage date regulations to remove the derived from being able to use either a

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younger or older wine in a blend. The container showing a vintage date. subject to suspension or revocation of petitioner explained this advantage as Finally, under paragraph (c)(3), there their permits or even, in appropriate follows: must be a certificate issued in the cases, criminal sanctions. For instance, 15% of a wine from an older country of origin that the wine conforms TTB also investigates third-party riper vintage will assist in achieving a style to the vintage date standards of the complaints about specific labels, and we target when the current vintage has produced country of origin (if the country of conduct field investigations and audits thinner, more acid wines. An 85% vintage origin authorizes the issuance of such a to verify wine label information. We date regulation, as proposed, would lead to certificate). also contact foreign governments to aid improved taste appeal and quality perception A comment in response to Notice No. in our investigations of complaints of many wines. Young red wines would be 49 from Argentina’s Director for regarding imported products. We smoother and less ‘‘green’’ and would be Multilateral Economic Negotiations more consistent across vintages. Older white therefore believe our enforcement wines would be fresher and fruitier and more noted that ‘‘Argentina is making use of framework is adequate to ensure the consistent across vintages as well. the third option’’ for content of vintage voluntary compliance of most importers wines, suggesting that Argentina views and to correct instances of mislabeled The petitioner concluded that ‘‘[i]n the three conditions for use of vintage wine when they are discovered. the end, consumers would benefit from dates on imported wines set forth in the U.S. winemaker’s ability to produce § 4.27(c) as separate options. Economic Impact on Growers better quality wine at the same cost.’’ We wish to make it clear that these Some commenters opposed to the Notice of Proposed Rulemaking and three conditions are to be read as proposed regulatory change expressed Public Response connected requirements, rather than the belief that reducing the percentage separate options. Therefore, if a On July 1, 2005, TTB published in the of grapes from the labeled year in a standard in a foreign country is lower Federal Register (70 FR 38058) a notice vintage wine would harm growers by than the U.S. standard, the wine of proposed rulemaking, Notice No. 49, allowing wineries to use more grapes imported from the country must setting forth a proposed revision of ‘‘from high production, lower priced conform to the U.S. standard. TTB is not § 4.27(a) substantively as set forth in the years’’ in vintage wines. On the other altering this longstanding position in petition. Notice No. 49 invited hand, a comment in support of the this rulemaking proceeding. comments from the public on the petition from a California winegrape On another point, several commenters growers association suggested that if the proposed regulatory change, and the interpreted the petition as arguing that public comment period closed on rule change lowered the price of grapes the standards for vintage wines should in a year with high demand, it should August 30, 2005. be lowered because TTB is unable to TTB received 98 comments on Notice also moderate the ‘‘downward market enforce the current 95-percent standard No. 49. A total of 37 commenters pressure’’ in years of greater supply, and applicable to both imported and identified themselves as growers, 33 provide a ‘‘stabilizing effect in the domestic wines. These commenters commenters identified themselves as marketplace.’’ called on TTB to better enforce the TTB concludes from these comments representing wineries, and nine current rules with respect to imports industry associations commented. The that any overall effect our proposed rule rather than adopt a lower standard. change may have on grape prices is at remaining commenters who could be TTB must emphasize that this identified as a particular type of best debatable and thus should not be a rulemaking initiative is not based on controlling factor in this rulemaking. commenter included two consumers, enforceability issues. The purpose of two brokers, a foreign government Notice No. 49 was to propose, and elicit Technical or Commercial Reasons for official, a journalist, and a retailer. Of comments on, a regulatory change to Adopting the Proposed 85-Percent the total comments received, 64 give greater flexibility to domestic Standard comments opposed the proposed industry members in blending wine to In Notice No. 49, TTB recited the change, 30 of which appeared to be form suit consumer tastes. Nonetheless, we technical or commercial reasons given letters from growers. There were 32 believe it is important to point out that by the petitioner for requesting comments in support of the proposal, TTB has several tools at its disposal to amendment of § 4.27, specifically, that and 2 commenters discussed issues in enforce the current standards for producers wish to make more consistent the rulemaking without taking a imported wines. Although we do not wines and that using small amounts of position. The submitted comments are have the same opportunity to visit wines from different vintages can discussed in more detail below. producers of imported wine to verify improve the flavor of the base wine. Discussion of Comments Received records that we have in the case of Many comments from wineries agreed domestic producers, we note that with these reasons for amending the Import Issues importers of wines are permittees and regulations. For example, one winery Before discussing the substantive are responsible for ensuring compliance noted: comments received in response to the for the products they import. We also The majority of our wines are made to be proposal set forth in Notice No. 49, TTB note in this regard that we have the popularly priced and widely available to will address some issues about imported authority under 27 CFR 4.38(h) to consumers. We are proud that all of our vintage-dated wines that were reflected request substantiating information from wines are vintage-dated and labeled with an in the comments. importers about the contents of the appellation of origin. * * * Allowing us to TTB first notes that the conditions for containers to which labels are affixed. In blend our wines to an 85% vintage-date use of a vintage date on imported wine addition, on the application for a standard will enable us to produce an even are set forth in § 4.27(c)(1), (2), and (3). certificate of label approval (COLA), the better and more competitive product. Under paragraph (c)(1), the wine must importer must certify, under penalties of Other commenters suggested that the be made in compliance with § 4.27(a). perjury, that representations on the label commercial issues raised by wineries in Under paragraph (c)(2), the wine must ‘‘correctly represent the content of the support of the proposed rule were not be bottled in containers of 5 liters or less containers to which these labels will be relevant to a rulemaking under the FAA before importation, or bottled in the applied.’’ Importers who willfully Act. We disagree. Our predecessor United States from the original violate these requirements may be Agency, the IRS, considered similar

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issues when it adopted the 95-percent TTB concludes that the current critics often advise their readers that one standard in 1972. The issue of whether regulations for use of a vintage date on vintage is better or worse than another and the current standard unnecessarily a wine label unnecessarily restrict the that one vintage should be purchased more restricts the flexibility of winemakers in flexibility of wineries, especially when heavily or avoided. blending wines from different vintage compared to the vintage date standards On the other hand, a commenter who dates is one that impacts both the of many other major wine-producing wrote in support of the proposed change industry and consumers, and it is not countries. The proposed amendment stated: ‘‘With the exception of the inappropriate to consider the impact of would provide greater leeway for luxury-priced wine market where a such a standard on winemakers as well wineries to blend relatively small particular vintage is often celebrated for as consumers. quantities of wines from a different its uniqueness, nearly all other wine Many commenters suggested that vintage into a vintage-dated wine consumers, both domestically and increased flexibility would allow labeled with an appellation of origin abroad, have specific style and quality wineries to produce a better quality other than a country or a viticultural expectations that are consistent from vintage dated wine. As one commenter area. The comments support the purchase to purchase.’’ said: conclusion that the revised standard Other commenters noted that there were other ways consumers might use The most important reason for this change is would allow wineries to maintain the wine quality. Having participated in blending quality of their vintage-dated wines in vintage date information. A commenter trials with many winemakers over the last 28 response to fluctuations in grape who partially supported the proposal years, I am convinced that the ability to harvests, and would generally enhance said: blend up to 15% of aged red wine into a the competitiveness of U.S. wineries in * * * consumers do not always use vintage young red wine and to blend up to 15% of a global marketplace. dates to gain information about the climatic a fresh, fruity white wine into an older white conditions that prevailed in the place where wine will result in wine blends with greater Consumer Issues a wine was produced. In many cases, consumer appeal. This will benefit the We note that only two commenters consumers use the vintage date for other consumer as well as the producer. identified themselves as consumers; reasons such as to determine whether a wine both opposed the change to the vintage is for current drinking, too old or too young. Other commenters supported the This is particularly the case in wines that are proposed change because they believed date requirements. A number of other made in a younger drinking style, where it would bring the United States in line commenters argued that lowering the wines that are more than a year or two old with a de facto international standard, percentage of grapes from the year on will no longer be at their peak. the label in vintage wine would be seen and thus enhance the competitiveness Another commenter similarly pointed as a lowering of quality standards in the of U.S. wines in a global marketplace. out that consumers of moderately priced press, public opinion, or consumer For example, the petitioner commented wines made with State or county perception, and some of these that ‘‘American winemakers are at a appellations choose a brand first, and commenters called our proposal a ‘‘race considerable disadvantage compared to then ‘‘use the vintage date to ensure that their colleagues in most of the world’s to the bottom’’ or a ‘‘slippery slope.’’ The California Association of they are not purchasing excessively old major wine producing countries in or unreasonably young wines based on being able to use only 5 percent of wine Winegrape Growers (CAWG) submitted a summary of a consumer survey, their own preferences.’’ from another vintage in the blend. The Several wine producers discussed the without providing the full results of the outcome is that U.S. wineries are placed comparable nature of vintage, varietal, survey. The summary states that while at a competitive disadvantage in the and appellation of origin claims. One 71 percent of consumers place value on global market because it is more costly commenter noted, ‘‘If a wine that is 85% the presence of a vintage date, only a and challenging to make wines of derived from Napa Valley grapes taste[s] third of the consumers surveyed knew consistent quality at a given price point like wine from Napa Valley, and is not that the vintage date was the year in as compared to other countries * * *’’ misleading, it stands to reason that a which the grapes were harvested. Asked The petitioner also commented that the wine that is 85% derived from the 2002 to choose from 100, 95, 85, or less than current vintage date regulations result in vintage will taste like wine from 2002, 50 percent as the percentage of a vintage increased production costs, because of and will not be misleading.’’ Another wine that must be derived from grapes less efficient tank utilization, and commenter made a similar point: argued that pursuant to the proposed grown in the labeled year, 52 percent of change in the regulations, ‘‘better tank those surveyed chose ‘‘Don’t know’’ as Some argue that a change to baseline vintage requirements could cause consumer efficiency would lead to lower the answer, 23 percent answered 100 percent, and only 11 percent of the core deception. TTB determined some time ago production costs for these wineries, that varietal and appellation requirements which will support more competitive group correctly answered 95 percent. placed at 75% allows [sic] blending pricing.’’ The summary did not state how many flexibility for improved wines without A winery that commented in support consumers chose 85 percent or less than creating consumer confusion or deception. of the proposed rule noted that 50 percent as the answer. CAWG Why then would reducing the baseline increased flexibility allows wineries to opposed the proposed change to the vintage requirement to the global 85% respond better to crop and market vintage date rules and commented that standard create consumer confusion or deception? In fact, this is a win for changes, explaining as follows: ‘‘[d]iluting the restrictions and meaning of the vintage date will only further consumers in better quality wines and greater If there is an unusually large or small crop clarity as to the definition of vintage across in a given vintage, allowing the blending of contribute to consumer confusion.’’ international wines. One commenter who expressed strong up to 15% of wines from a previous or later The latter comment refers to T.D. vintage may allow a winery to keep wine opposition to our proposal stated: ATF–53, in which our predecessor available in a normal vintage cycle. Each vintage of wine has a unique character Similarly, if economic or other market dictated in substantial part by the growing Agency adopted the current rules for conditions raise or lower the sales of a wine, conditions that prevailed during that specific varietal and appellation of origin the winery is better able to respond in a way growing year in a particular growing region. labeling. that protects the quality of wine at the Authentic vintage character is part of what After carefully reviewing the consumer level. gives wine bottles true individuality. Wine comments on this issue, we conclude

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that the record does not support a different vintage date standards for ‘‘New Zealand is a long and narrow land conclusion that adoption of the 85- wines labeled with viticultural area mass of around the same size as percent standard for vintage-dated appellations of origin, as these wines are California,’’ and added: ‘‘There are wines labeled with an appellation of already subject to more stringent many other wine-producing countries of origin other than a viticultural area is standards. Furthermore, there was comparable size with USA appellations likely to mislead consumers. The results significant support among the of origin that are similarly restricted.’’ In of the consumer survey, as provided by commenters for retaining the current 95- response, because we did not solicit CAWG in summary form, are percent standard for wines labeled with comments on such a change in Notice incomplete, and are at best inconclusive an American viticultural area or its No. 49, we believe this request is on this issue. While those results foreign equivalent. beyond the scope of the current purport to show that consumers are not We do not believe that the current rulemaking. aware of the current standards for use of record supports adoption of a flat 85- Comments on Effective Date a vintage date, they do not provide a percent standard for all wines, as basis for concluding that an 85-percent suggested by two commenters. Only one commenter discussed the standard would mislead or confuse Furthermore, we note that this issue was effective date issue raised in the consumers. As illustrated by the other not specifically aired for comment in comment solicitation portion of Notice comments, vintage date information this rulemaking proceeding. We would, No. 49. This commenter suggested that, may be used by consumers in various of course, consider initiating a as a general rule, new rules not dealing ways. We believe the standard as rulemaking action in response to a with health issues or mandated effective proposed would continue to provide future petition for adoption of such a dates should have an effective date that consumers with adequate information standard. takes into account the time needed to about the vintage date of the wine. use up inventories of labels. Additional Comments On further consideration of this Dual Standard Several commenters noted that, if we matter, we conclude that, because wine Many of the commenters who adopt the 85-percent standard, that meets the current 95-percent opposed the proposed rule expressed winemakers could elect to use a higher standard will automatically meet the concern that the dual standard, one for percentage of grapes from the labeled new 85-percent standard, there is no wines labeled with a viticultural area vintage and make a claim to that effect need for an effective date transition and the other for wines labeled with in other information on their labels. In period. other appellations of origin such as a response, we note that 27 CFR 4.38(f) TTB Finding county or State, would confuse or allows for additional information on mislead consumers. Two commenters labels, as long as it is truthful, accurate, Based on the above comment who favored the 85-percent rule said it and specific and is not misleading to the discussion and as a result of further should be applied to all wine, including consumer. Accordingly, our practice is review of this matter, TTB has decided wine from viticultural areas. However, to consider the propriety of label usages to adopt the regulatory change as most of the comments supported the 95- such as this on a case-by-case basis. proposed in Notice No. 49 and to make percent standard for wines labeled with One commenter suggested that if some additional technical changes to a viticultural area, in that they either winemakers believe they can produce a the regulation in question. We believe supported the proposed amendment or better wine by blending vintages, they that adopting the proposed change will they supported retention of the 95- should do so but should tell the allow an appropriate amount of percent standard for all wines. consumer, and another commenter flexibility for wineries that produce In the original petition, and again in suggested that we allow bottlers to show vintage wines, especially when its comment, the petitioner pointed out multiple vintage dates on the label. In compared to the vintage date standards that there is a precedent for holding regard to the latter comment, we note of many other major wine-producing viticultural areas to a higher standard in that in 1980, in response to a petition, countries. We also believe that the TTB appellation of origin regulations. ATF aired a proposal to allow multiple amended standard will continue to Pursuant to the provisions of 27 CFR vintage dates in an advance notice of provide consumers with adequate 4.25, a grape wine is entitled to a proposed rulemaking, (Notice No. 357, information about the vintage date of country, State, or county appellation of November 13, 1980, 45 FR 74942). the wine, while maintaining the identity origin if, among other things, at least 75 Comments on that notice were evenly of the vintage dated wine. percent of the wine is derived from divided, and subsequently ATF issued a Accordingly, in this document, TTB is grapes grown in the labeled appellation notice of proposed rulemaking setting adopting the proposal (1) to allow wine area. In the case of a wine labeled with forth specific proposals (Notice No. 378, labeled with an appellation of origin a viticultural area, at least 85 percent of August 5, 1981, 46 FR 39850). Because other than a country or viticultural area the wine must be derived from grapes only a few comments (mainly opposed to bear a vintage date if at least 85 grown within the boundaries of the to allowing multiple vintage dates on percent of the wine is derived from viticultural area. Furthermore, one of labels) were received in response to that grapes harvested in the labeled calendar the commenters who generally opposed notice, on May 18, 1984, ATF published year and (2) to retain the current the proposal stated that while ‘‘the EU a Notice No. 529 withdrawing the requirement that at least 95 percent of standard is 85% * * * member states proposal (49 FR 21083). We do not the grapes in a vintage-dated wine be are free to impose higher standards. We intend to reopen this issue at the harvested in the year shown on the label have been advised that some member present time. for wine with an American viticultural states * * * set standards for some In its comment, New Zealand area (or its foreign equivalent) as an appellations ranging from 85% to 95%.’’ Winegrowers, an association that appellation of origin. After careful consideration of all the represents the interests of New Zealand In addition, we are revising § 4.27(c) comments, TTB has concluded that the grape growers and wine makers, argued to enhance its clarity, and we are dual standard, as proposed, will not in favor of allowing vintage dates on the removing from § 4.27 the outdated mislead consumers. There is nothing labels of wine with a country as the references to gallons. The metric inherently misleading about having appellation of origin. They noted that standard has been in place since 1979,

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so we believe the references to gallons 3 of § 4.21. The wine must be labeled DEPARTMENT OF THE TREASURY are no longer needed. with an appellation of origin other than Finally, we are issuing this final rule a country (which does not qualify for Alcohol and Tobacco Tax and Trade with a 30-day delayed effective date. As vintage labeling). The appellation must Bureau stated above, we believe a longer be shown in direct conjunction with the transition period is not necessary designation required by § 4.32(a)(2), in 27 CFR Parts 19 and 40 because wines that meet the vintage lettering substantially as conspicuous as [Re: T.D. TTB–44] date labeling requirement under the that designation. In no event may the current rules will meet the requirement quantity of wine removed from the RIN 1513–AA80 under the new standard. producing winery, under labels bearing Administrative Changes to Alcohol, a vintage date, exceed the volume of Regulatory Flexibility Act Tobacco and Firearms Regulations vintage wine produced in that winery Due to the Homeland Security Act of We certify that this regulation will not during the year indicated by the vintage 2002; Correction have a significant economic impact on date. The following additional rules a substantial number of small entities. apply to vintage labeling: AGENCY: Alcohol and Tobacco Tax and This regulation provides greater (1) If an American or imported wine Trade Bureau (TTB), Treasury. flexibility to wine producers and is labeled with a viticultural area ACTION: Final rule; correction. importers without imposing any new appellation of origin (or its foreign reporting, recordkeeping, or other equivalent), at least 95 percent of the SUMMARY: On April 4, 2006, TTB administrative requirement. Therefore, wine must have been derived from published a final rule in the Federal no regulatory flexibility analysis is grapes harvested in the labeled calendar Register making administrative changes required. year; or to its regulations due to the Homeland Executive Order 12866 (2) If an American or imported wine Security Act of 2002, which divided the former Bureau of Alcohol, Tobacco and This rule is not a significant is labeled with an appellation of origin other than a country or viticultural area Firearms, Department of the Treasury, regulatory action as defined by into two separate agencies, the Bureau Executive Order 12866, 58 FR 51735. (or its foreign equivalent), at least 85 percent of the wine must have been of Alcohol, Tobacco, Firearms and Therefore, it requires no regulatory Explosives in the Department of Justice, assessment. derived from grapes harvested in the labeled calendar year. and the Alcohol and Tobacco Tax and Drafting Information Trade Bureau in the Department of the * * * * * Treasury. That final rule contained two Marjorie D. Ruhf of the Regulations (c) Imported wine. Imported wine may and Rulings Division, Alcohol and incorrect amendatory instructions; this bear a vintage date if all of the following document corrects those errors. Tobacco Tax and Trade Bureau, drafted conditions are met: DATES: Effective Date: March 31, 2005. this document. However, other (1) It is made in compliance with the FOR FURTHER INFORMATION CONTACT: personnel participated in its provisions of paragraph (a) of this Michael Hoover, Regulations and development. section; Rulings Division, Alcohol and Tobacco List of Subjects in 27 CFR Part 4 (2) It is bottled in containers of 5 liters Tax and Trade Bureau, telephone 202– Advertising, Customs duties and or less prior to importation, or it is 927–8076. bottled in the United States from the inspection, Imports, Labeling, Packaging SUPPLEMENTARY INFORMATION: Effective original container of the product and containers, Reporting and January 24, 2003, section 1111 of the (showing a vintage date); and recordkeeping requirements, Trade Homeland Security Act of 2002 divided practices, Wine. (3) The invoice is accompanied by, or the former Bureau of Alcohol, Tobacco the American bottler possesses, a Amendment to the Regulations and Firearms (ATF), Department of the certificate issued by a duly authorized Treasury, into two separate agencies, the I For the reasons discussed in the official of the country of origin (if the Bureau of Alcohol, Tobacco, Firearms preamble, we amend 27 CFR, chapter 1, country of origin authorizes the and Explosives in the Department of part 4, as follows: issuance of such certificates) certifying Justice, and the Alcohol and Tobacco that the wine is of the vintage shown, Tax and Trade Bureau in the PART 4—LABELING AND that the laws of the country regulate the Department of the Treasury. On January ADVERTISING OF WINE appearance of vintage dates upon the 24, 2003, the two Departments labels of wine produced for I 1. The authority citation for part 4 published a joint final rule in the consumption within the country of continues to read as follows: Federal Register (68 FR 3744) that origin, that the wine has been produced divided the ATF regulations contained Authority: 27 U.S.C. 205, unless otherwise in conformity with those laws, and that in title 27, Code of Federal Regulations, noted. the wine would be entitled to bear the between the two new agencies. That vintage date if it had been sold within I final rule placed the regulations 2. In section 4.27, paragraph (a) is the country of origin. revised, paragraph (b) is amended by administered by the Bureau of Alcohol, removing the parenthetical reference Signed: March 29, 2006. Tobacco, Firearms and Explosives in a ‘‘(or 1-gallon before January 1, 1979)’’, John J. Manfreda, newly created 27 CFR chapter II, while and paragraph (c) is revised to read as Administrator. the regulations administrated by the follows: Alcohol and Tobacco Tax and Trade Approved: April 7, 2006. Bureau (TTB) remained in 27 CFR § 4.27 Vintage wine. Timothy E. Skud, chapter I. (a) General. Vintage wine is wine Deputy Assistant Secretary (Tax, Trade, and On April 4, 2006, TTB published a labeled with the year of harvest of the Tariff Policy). final rule in the Federal Register grapes and made in accordance with the [FR Doc. 06–4074 Filed 5–1–06; 8:45 am] making administrative changes to the standards prescribed in classes 1, 2, or BILLING CODE 4810–31–P majority of its regulations in 27 CFR

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chapter I, as a consequence of the ENVIRONMENTAL PROTECTION should be made for deliveries of boxed changes made by section 1111 of the AGENCY information. Homeland Security Act of 2002. With Instructions: Direct your comments to the exception of 27 CFR parts 28, 31, 40 CFR Part 63 Docket ID No. EPA–R06–OAR–2005– and 41, for which administrative TX–0034. EPA’s policy is that all [EPA–R06–OAR–2005–TX–0034; FRL–8164– comments received will be included in changes were previously made, the final 6] rule amended the remaining parts of 27 the public docket without change and CFR chapter I that required National Emission Standards for may be made available online at http:// docket.epa.gov/rmepub/, including any nomenclature, organizational, and other Hazardous Air Pollutants; Delegation personal information provided, unless administrative changes to conform them of Authority to Texas the comment includes information to the current name and organizational AGENCY: Environmental Protection claimed to be Confidential Business structure of TTB. For example, the final Agency (EPA). Information (CBI) or other information rule replaced references to ATF and its ACTION: Direct final rule; delegation of the disclosure of which is restricted by officers with appropriate TTB authority. statute. Do not submit information references. The final rule made no through www.regulations.gov, or e-mail. substantive change to the regulations in SUMMARY: The Texas Commission on The www.regulations.gov Web site is an question. Environmental Quality (TCEQ) has ‘‘anonymous access’’ system, which After the publication of the final rule, submitted updated regulations for means EPA will not know your identity two amendatory instructions were receiving delegation of EPA authority or contact information unless you found to contain inadvertent errors. for National Emission Standards for provide it in the body of your comment. First, amendatory instruction 67a, Hazardous Air Pollutants (NESHAPs) If you send an e-mail comment directly regarding 27 CFR 19.11, referred to for certain sources (both part 70 and to EPA without going through www.regulations.gov, your e-mail ‘‘Area Supervisor’’ and ‘‘Regional non-part 70 sources). These regulations address will be automatically captured Director’’ when it should have referred apply to certain NESHAPs promulgated and included as part of the comment to, respectively, ‘‘Area supervisor’’ and by EPA, as adopted by the TCEQ. The delegation of authority under this action that is placed in the public docket and ‘‘Region director (compliance).’’ Second, does not apply to sources located in made available on the Internet. If you amendatory instruction 131a, regarding Indian Country. EPA is taking direct submit an electronic comment, EPA section 40.11, referred to ‘‘Regions’’ and final action to approve the delegation of recommends that you include your ‘‘Regional director’’ when it should have certain NESHAPs to TCEQ. name and other contact information in referred to ‘‘Region’’ and Regional DATES: This rule is effective on July 3, the body of your comment and with any Director (compliance),’’ respectively. 2006 without further notice, unless EPA disk or CD–ROM you submit. If EPA cannot read your comment due to I Therefore, in the Federal Register of receives relevant adverse comment by June 1, 2006. If EPA receives such technical difficulties and cannot contact April 4, 2006, the following corrections you for clarification, EPA may not be are made: comment, EPA will publish a timely withdrawal in the Federal Register able to consider your comment. I (1) On page 16928, in the second informing the public that this rule will Electronic files should avoid the use of special characters, any form of column, paragraph ‘‘a’’ of amendatory not take effect. instruction 67 is corrected to read as encryption, and be free of any defects or ADDRESSES: Submit your comments, follows: viruses. identified by Docket ID No. EPA–R06– Docket: All documents in the I a. Remove the definitions of ‘‘Area OAR–2005–TX–0034, by one of the electronic docket are listed in the supervisor’’, ‘‘ATF bond’’, ‘‘ATF following methods: www.regulations.gov index. Although officer’’, ‘‘Director’’, ‘‘Region’’, and • Federal eRulemaking Portal: http:// listed in the index, some information is ‘‘Region director (compliance)’’. www.regulations.gov. Follow the on-line not publicly available, i.e., CBI or other instructions for submitting comments. I (2) On page 16948, in the first column, information whose disclosure is • U.S. EPA Region 6 ‘‘Contact Us’’ paragraph ‘‘a’’ of amendatory restricted by statute. Certain other Web site: http://epa.gov/region6/ material, such as copyrighted material, instruction 131 is corrected to read as r6coment.htm. Please click on ‘‘6PD’’ follows: is not placed on the Internet and will be (Multimedia) and select ‘‘Air’’ before publicly available only in hard copy I a. Remove the definitions of submitting comments. form. Publicly available docket ‘‘Appropriate ATF officer’’, ‘‘Associate • E-mail: Jeff Robinson at materials are available either Director (Compliance Operations)’’, [email protected]. electronically in http:// ‘‘ATF’’, ‘‘ATF officer’’, ‘‘Director’’, • Fax: Mr. Jeff Robinson, Air Permits www.regulations.gov or in hard copy at ‘‘Region’’, and ‘‘Regional Director Section (6PD–R), at fax number 214– the Air Permitting Section (6PD–R), (compliance)’’. 665–7263. Environmental Protection Agency, 1445 • Mail: Mr. Jeff Robinson, Air Dated: April 25, 2006. Ross Avenue, Suite 700, Dallas, Texas Permits Section (6PD–R), Environmental 75202–2733. The file will be made Francis W. Foote, Protection Agency, 1445 Ross Avenue, available by appointment for public Director, Regulations and Rulings Division. Suite 1200, Dallas, Texas 75202–2733. inspection in the Region 6 FOIA Review [FR Doc. 06–4073 Filed 5–1–06; 8:45 am] • Hand or Courier Delivery: Mr. Jeff Room between the hours of 8:30 a.m. BILLING CODE 4810–31–P Robinson, Air Permits Section (6PD–R), and 4:30 p.m. weekdays except for legal Environmental Protection Agency, 1445 holidays. Contact the person listed in Ross Avenue, Suite 1200, Dallas, Texas the FOR FURTHER INFORMATION CONTACT 75202–2733. Such deliveries are paragraph below to make an accepted only between the hours of 8 appointment. If possible, please make a.m. and 4 p.m. weekdays except for the appointment at least two working legal holidays. Special arrangements days in advance of your visit. There will

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be a 15 cent per page fee for making 5. If you estimate potential costs or governs EPA’s approval of State rules or photocopies of documents. On the day burdens, explain how you arrived at programs under section 112(l). of the visit, please check in at the EPA your estimate in sufficient detail to EPA will approve an air toxics Region 6 reception area at 1445 Ross allow for it to be reproduced. program if we find that: Avenue, Suite 700, Dallas, Texas. 6. Provide specific examples to (1) The State program is ‘‘no less The State submittal is also available illustrate your concerns, and suggest stringent’’ than the corresponding for public inspection at the State Air alternatives. Federal program or rule; Agency listed below during official 7. Explain your views as clearly as business hours by appointment: possible, avoiding the use of profanity (2) The State has adequate authority Texas Commission on Environmental or personal threats. and resources to implement the Quality, Office of Air Quality, 12100 8. Make sure to submit your program; Park 35 Circle, Austin, Texas 78753. comments by the comment period (3) The schedule for implementation FOR FURTHER INFORMATION CONTACT: Mr. deadline identified. and compliance is sufficiently expeditious; and Jeff Robinson, U.S. EPA, Region 6, B. Submitting Confidential Business (4) The program otherwise complies Multimedia Planning and Permitting Information (CBI) Division (6PD), 1445 Ross Avenue, with Federal guidance. Dallas, TX 75202–2733, telephone (214) Do not submit this information to EPA In order to obtain approval of its 665–6435; fax number 214–665–7263; or through regulations.gov or e-mail. program to implement and enforce electronic mail at Clearly mark the part or all of the Federal section 112 rules as [email protected]. information that you claim to be CBI. promulgated without changes (straight For CBI information in a disk or CD delegation), only the criteria of 40 CFR SUPPLEMENTARY INFORMATION: ROM that you mail to EPA, mark the Throughout this document wherever 63.91(d) must be met. 40 CFR outside of the disk or CD ROM as CBI 63.91(d)(3) provides that interim or final ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean and then identify electronically within the EPA. Title V program approval will satisfy the the disk or CD ROM the specific criteria of 40 CFR 63.91(d) for part 70 information that is claimed as CBI. In Table of Contents sources. addition to one complete version of the I. General Information comment that includes information V. How Did TCEQ Meet the Subpart E II. What Does This Action Do? claimed as CBI, a copy of the comment Approval Criteria? III. What Is the Authority for Delegation? IV. What Criteria Must Texas’ Program Meet that does not contain the information As part of its Title V submission, To Be Approved? claimed as CBI must be submitted for TCEQ stated that it intended to use the V. How Did TCEQ Meet the Subpart E inclusion in the public docket. mechanism of incorporation by Approval Criteria? Information so marked will not be reference to adopt unchanged Federal VI. What Is Being Delegated? disclosed except in accordance with section 112 into its regulations. This VII. What Is Not Being Delegated? procedures set forth in 40 CFR part 2. VIII. How Will Applicability Determinations applied to both existing and future Under Section 112 Be Made? II. What Does This Action Do? standards as they applied to part 70 IX. What Authority Does EPA Have? EPA is taking direct final action to sources ((60 FR 30444 (June 7, 1995) X. What Information Must TCEQ Provide to approve the delegation of certain and 61 FR 32699 (June 25, 1996)). On EPA? NESHAPs to TCEQ. With this December 6, 2001, EPA promulgated XI. What Is EPA’s Oversight of This final full approval of the State’s Delegation to TCEQ? delegation, TCEQ has the primary responsibility to implement and enforce operating permits program effective XII. Should Sources Submit Notices to EPA November 30, 2001 (66 FR 63318). The or TCEQ? the delegated standards. See sections VI XIII. How Will Unchanged Authorities Be and VII, below, for a complete TCEQ was originally delegated the Delegated to TCEQ in the Future? discussion of which standards are being authority to implement certain XIV. Final Action delegated and which are not being NESHAPs effective May 17, 2005 (70 FR XV. Statutory and Executive Order Reviews delegated. 13018). Under 40 CFR 63.91(d)(2), once a state has satisfied up-front approval I. General Information III. What Is the Authority for criteria, it needs only to reference the A. Tips for Preparing Your Comments Delegation? previous demonstration and reaffirm When submitting comments, Section 112(l) of the CAA and 40 CFR that it still meets the criteria for any remember to: part 63, subpart E, authorizes EPA to subsequent submittals. TCEQ has 1. Identify the rulemaking by docket delegate authority to any state or local affirmed that it still meets the up-front number and other identifying agency which submits adequate approval criteria. information (subject heading, Federal regulatory procedures for VI. What Is Being Delegated? Register date and page number). implementation and enforcement of 2. Follow directions—The agency may emission standards for hazardous air EPA received a request from TCEQ to ask you to respond to specific questions pollutants. The hazardous air pollutant update it’s existing delegation of certain or organize comments by referencing a standards are codified at 40 CFR part 63. NESHAP subparts on July 26, 2005. The Code of Federal Regulations (CFR) part TCEQ requests delegation of certain IV. What Criteria Must Texas’ Program or section number. NESHAP for all sources (both part 70 3. Explain why you agree or disagree; Meet To Be Approved? and non-part 70 sources). For the part suggest alternatives and substitute Section 112(l) of the CAA enables 63 NESHAPs, Texas’ request included language for your requested changes. EPA to approve State air toxics the newly incorporated NESHAPs set 4. Describe any assumptions and programs or rules to operate in place of forth in Table 1 below, and amendments provide any technical information and/ the Federal air toxics program or rules. to existing standards that are currently or data that you used. 40 CFR part 63, subpart E (subpart E) delegated.

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TABLE 1.—40 CFR PART 63 NESHAP FOR SOURCE CATEGORIES

Subpart Source category

EEEE ...... Organic Liquids Distribution (Non-Gasoline). FFFF ...... Miscellaneous Organic Chemical Manufacturing (MON). IIII ...... Surface Coating of Automobiles and Light-Duty Trucks. KKKK ...... Surface Coating of Metal Cans. MMMM ...... Surface Coating of Miscellaneous Metal Parts and Products. OOOO ...... Printing, Coating, and Dyeing of Fabrics and Other Textiles. PPPP ...... Surface Coating of Plastic Parts and Products. QQQQ ...... Surface Coating of Wood Building Products. RRRR ...... Surface Coating of Metal Furniture. WWWW ...... Reinforced Plastic Composites Production. YYYY ...... Stationary Combustion Turbines. ZZZZ ...... Stationary Reciprocating Internal Combustion Engines (RICE). AAAAA ...... Lime Manufacturing Plants. BBBBB ...... Semiconductor Manufacturing. CCCCC ...... Coke Ovens: Pushing, Quenching, and Battery Stacks EEEEE ...... Iron and Steel Foundries. FFFFF ...... Integrated Iron and Steel Manufacturing Facilities. GGGGG ...... Site Remediation. HHHHH ...... Miscellaneous Coating Manufacturing. IIIIII ...... Mercury Emissions from Mercury Cell Chlor-Alkali Plants. JJJJJ ...... Brick and Structural Clay Products Manufacturing. KKKKK ...... Clay Ceramics Manufacturing. LLLLL ...... Asphalt Processing and Asphalt Roofing Manufacturing. MMMMM ...... Flexible Polyurethane Foam Fabrication Operations. NNNNN ...... Hydrochloric Acid Production. PPPPP ...... Engine Test Cells/Stands. RRRRR ...... Taconite Iron Ore Processing. SSSSS ...... Refractory Products Manufacturing. TTTTT ...... Primary Magnesium Refining.

VII. What Is Not Being Delegated? EPA must change the delegation any matter involving the interpretation EPA cannot delegate to a State any of status of part 63—Subpart J standards of section 112 of the CAA or 40 CFR the Category II Subpart A authorities set for Polyvinyl Chloride and Copolymers part 63 to the extent that forth in 40 CFR 63.91(g)(2). These Production in this delegation action. implementation, administration, or include the following provisions: This subpart was vacated by Mossville enforcement of these sections have not § 63.6(g), Approval of Alternative Non- Environmental Action Now v. EPA, 370 been covered by EPA determinations or Opacity Standards; § 63.6(h)(9), F. 3d 1232 (D.C. Cir. 2004), and EPA’s guidance. Approval of Alternative Opacity petition for rehearing was denied by the Standards; § 63.7(e)(2)(ii) and (f), Court of Appeals for the D.C. Circuit on IX. What Authority Does EPA Have? April 15, 2005. This subpart was Approval of Major Alternatives to Test We retain the right, as provided by previously delegated to TCEQ. In Methods; § 63.8(f), Approval of Major CAA section 112(l)(7), to enforce any Alternatives to Monitoring; and addition, this delegation to TCEQ to implement and enforce certain applicable emission standard or § 63.10(f), Approval of Major requirement under section 112. EPA Alternatives to Recordkeeping and NESHAPs does not extend to sources or also has the authority to make certain Reporting. In addition, some MACT activities located in Indian country, as standards have certain provisions that defined in 18 U.S.C. 1151. Under this decisions under the General Provisions cannot be delegated to the States. definition, EPA treats as reservations, (subpart A) of part 63. We are granting Therefore, any MACT standard that EPA trust lands validly set aside for the use TCEQ some of these authorities, and is delegating to TCEQ that provides that of a Tribe even if the trust lands have retaining others, as explained in certain authorities cannot be delegated not been formally designated as a sections VI and VII above. In addition, are retained by EPA and not delegated. reservation. Consistent with previous EPA may review and disapprove of Furthermore, no authorities are federal program approvals or State determinations and subsequently delegated that require rulemaking in the delegations, EPA will continue to require corrections. (See 40 CFR Federal Register to implement, or where implement the NESHAPs in Indian 63.91(g) and 65 FR 55810, 55823, Federal overview is the only way to country because TCEQ has not September 14, 2000.) ensure national consistency in the submitted information to demonstrate Furthermore, we retain any authority authority over sources and activities application of the standards or in an individual emission standard that located within the exterior boundaries requirements of CAA section 112. may not be delegated according to Finally, section 112(r), the accidental of Indian reservations and other areas in provisions of the standard. Also, listed release program authority, is not being Indian country. in the footnotes of the part 63 delegation delegated by this approval. VIII. How Will Applicability All of the inquiries and requests table at the end of this rule are the Determinations Under Section 112 Be concerning implementation and authorities that cannot be delegated to Made? enforcement of the excluded standards any State or local agency which we in the State of Texas should be directed In approving this delegation, TCEQ therefore retain. to the EPA Region 6 Office. will obtain concurrence from EPA on

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X. What Information Must TCEQ changes via mail or facsimile to: Chief, Federal Register action will be Provide to EPA? Air Measurements and Quality Group, published to inform the public and In delegating the authority to Emissions Monitoring and Analysis affected sources of the delegation, implement and enforce these rules and Division, Office of Air Quality Planning indicate where source notifications and in granting a waiver of EPA notification and Standards, Mailcode D205–02, reports should be sent, and to amend requirements, we require TCEQ to input Research Triangle Park, NC 27711, the relevant portions of the Code of all source information into the Facsimile telephone number: (919) 541– Federal Regulations showing which Aerometric Information Retrieval 0516. NESHAP standards have been delegated System (AIRS) for both point and area XI. What Is EPA’s Oversight of This to TCEQ. sources. TCEQ must enter this Delegation to TCEQ? XIV. Final Action information into the AIRS system and EPA must oversee TCEQ’s decisions update the information by September 30 The public was provided the to ensure the delegated authorities are opportunity to comment on the of every year. TCEQ must provide any being adequately implemented and additional compliance related proposed approval of the program and enforced. We will integrate oversight of mechanism for delegation of section 112 information to EPA, Region 6, Office of the delegated authorities into the Enforcement and Compliance Assurance standards, as they apply to part 70 existing mechanisms and resources for sources, on June 7, 1995, for the within 45 days of a request under 40 oversight currently in place. If, during CFR 63.96(a). proposed interim approval of TCEQ’s oversight, we determine that TCEQ Title V operating permits program; and In receiving delegation for specific made decisions that decreased the General Provisions authorities, TCEQ on October 11, 2001, for the proposed stringency of the delegated standards, final approval of TCEQ’s Title V must submit to EPA Region 6 on a semi- then TCEQ shall be required to take annual basis, copies of determinations operating permits program. In EPA’s corrective actions and the source(s) final full approval of Texas’ Operating issued under these authorities. For part affected by the decisions will be 63 standards, these determinations Permits Program on December 6, 2001, notified, as required by 40 CFR (66 FR 63318), the EPA discussed the include: Applicability determinations 63.91(g)(1)(ii). We will initiate (§ 63.1); approval/disapprovals of public comments on the proposed final withdrawal of the program or rule if the delegation of the Title V operating construction and reconstruction corrective actions taken are insufficient. (§ 63.5(e) and (f)); notifications permits program. In today’s action, the regarding the use of a continuous XII. Should Sources Submit Notices to public is given the opportunity to opacity monitoring system EPA or TCEQ? comment on the approval of TCEQ’s (§ 63.6(h)(7)(ii)); finding of compliance For the NESHAPS being delegated request for delegation of authority to (§ 63.6(h)(8)); approval/disapprovals of and included in the table above, all of implement and enforce certain section compliance extensions (§ 63.6(i)); the information required pursuant to the 112 standards for all sources (both part approvals/disapprovals of minor general provisions and the relevant 70 and non-part 70 sources) which have (§ 63.7(e)(2)(i)) or intermediate subpart of the Federal NESHAP (40 CFR been adopted by reference into Texas’ (§ 63.7(e)(2)(ii) and (f)) alternative test part 63) should be submitted by sources state regulations. However, the Agency methods; approval of shorter sampling located outside of Indian country, views the approval of these requests as times and volumes (§ 63.7(e)(2)(iii)); directly to the TCEQ at the following a noncontroversial action and waiver of performance testing address: Texas Commission on anticipates no adverse comments. (§ 63.7(e)(2)(iv) and (h)(2), (3)); Environmental Quality, Office of Therefore, EPA is publishing this rule approvals/disapprovals of minor or Permitting, Remediation and without prior proposal. However, in the intermediate alternative monitoring Registration, Air Permits Division (MC ‘‘Proposed Rules’’ section of today’s methods (§ 63.8(f)); approval of 163), P.O. Box 13087, Austin, Texas Federal Register publication, EPA is adjustments to time periods for 78711–3087. The TCEQ is the primary publishing a separate document that submitting reports (§ 63.9 and 63.10); point of contact with respect to will serve as the proposal to approve the and approvals/disapprovals of minor delegated NESHAPs. Sources do not program and delegation of authority alternatives to recordkeeping and need to send a copy to EPA. EPA Region described in this action if adverse reporting (§ 63.10(f)). 6 waives the requirement that comments are received. This action will Additionally, EPA’s Emissions, notifications and reports for delegated be effective July 3, 2006 without further Monitoring, and Analysis Division must standards be submitted to EPA in notice unless the Agency receives receive copies of any approved addition to TCEQ in accordance with 40 relevant adverse comments by June 1, intermediate changes to test methods or CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii). For 2006. monitoring. (Please note that those standards that are not delegated, If EPA receives relevant adverse intermediate changes to test methods sources must continue to submit all comments, we will publish a timely must be demonstrated as equivalent appropriate information to EPA. withdrawal in the Federal Register through the procedures set out in EPA informing the public the rule will not method 301.) This information on XIII. How Will Unchanged Authorities take effect. We will address all public approved intermediate changes to test Be Delegated to TCEQ in the Future? comments in a subsequent final rule methods and monitoring will be used to In the future, TCEQ will only need to based on the proposed rule. The EPA compile a database of decisions that will send a letter of request to EPA, Region will not institute a second comment be accessible to State and local agencies 6, for NESHAP regulations that TCEQ period on this action. Any parties and EPA Regions for reference in has adopted by reference. The letter interested in commenting must do so at making future decisions. (For must reference the previous up-front this time. Please note that if we receive definitions of major, intermediate and approval demonstration and reaffirm relevant adverse comment on an minor alternative test methods or that it still meets the up-front approval amendment, paragraph, or section of monitoring methods, see 40 CFR 63.90). criteria. We will respond in writing to this rule and if that provision may be The TCEQ should forward these the request stating that the request for severed from the remainder of the rule, intermediate test methods or monitoring delegation is either granted or denied. A we may adopt as final those provisions

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of the rule that are not the subject of a and responsibilities established in the not affect the finality of this rule for the relevant adverse comment. Clean Air Act. This rule also is not purposes of judicial review nor does it subject to Executive Order 13045 extend the time within which a petition XVI. Statutory and Executive Order ‘‘Protection of Children from for judicial review may be filed, and Reviews Environmental Health Risks and Safety shall not postpone the effectiveness of Under Executive Order 12866 (58 FR Risks’’ (62 FR 19885, April 23, 1997), such rule or action. This action may not 51735, October 4, 1993), this action is because it is not economically be challenged later in proceedings to not a ‘‘significant regulatory action’’ and significant. enforce its requirements. (See section therefore is not subject to review by the In reviewing SIP submissions, EPA’s 307(b)(2).) Office of Management and Budget. For role is to approve state choices, List of Subjects in 40 CFR Part 63 this reason, this action is also not provided that they meet the criteria of subject to Executive Order 13211, the Clean Air Act. In this context, in the Environmental protection, Air ‘‘Actions Concerning Regulations That absence of a prior existing requirement pollution control, Hazardous Significantly Affect Energy Supply, for the State to use voluntary consensus substances, Intergovernmental relations, Distribution, or Use’’ (66 FR 28355, May standards (VCS), EPA has no authority Reporting and recordkeeping 22, 2001). This action merely approves to disapprove a SIP submission for requirements. state law as meeting Federal failure to use VCS. It would thus be Authority: This action is issued under the requirements and imposes no additional inconsistent with applicable law for authority of section 112 of the Clean Air Act, requirements beyond those imposed by EPA, when it reviews a SIP submission, as amended, 42 U.S.C. 7412. state law. Accordingly, the to use VCS in place of a SIP submission Dated: April 24, 2006. Administrator certifies that this rule that otherwise satisfies the provisions of Richard E. Greene, will not have a significant economic the Clean Air Act. Thus, the Regional Administrator, Region 6. impact on a substantial number of small requirements of section 12(d) of the entities under the Regulatory Flexibility National Technology Transfer and I 40 CFR part 63 is amended as follows: Act (5 U.S.C. 601 et seq.). Because this Advancement Act of 1995 (15 U.S.C. rule approves pre-existing requirements 272 note) do not apply. This rule does PART 63—[AMENDED] under state law and does not impose not impose an information collection I 1. The authority citation for part 63 any additional enforceable duty beyond burden under the provisions of the continues to read as follows: that required by state law, it does not Paperwork Reduction Act of 1995 (44 contain any unfunded mandate or U.S.C. 3501 et seq.). Authority: 42 U.S.C. 7401 et seq. significantly or uniquely affect small The Congressional Review Act, 5 Subpart E—Approval of State governments, as described in the U.S.C. 801 et seq., as added by the Small Programs and Delegation of Federal Unfunded Mandates Reform Act of 1995 Business Regulatory Enforcement Authorities (Pub. L. 104–4). Fairness Act of 1996, generally provides This rule also does not have tribal that before a rule may take effect, the I 2. Section 63.99 is amended by implications because it will not have a agency promulgating the rule must revising paragraph (a)(43)(i) to read as substantial direct effect on one or more submit a rule report, which includes a follows: Indian tribes, on the relationship copy of the rule, to each House of the between the Federal Government and Congress and to the Comptroller General § 63.99 Delegated Federal authorities. Indian tribes, or on the distribution of of the United States. EPA will submit a (a) * * * power and responsibilities between the report containing this rule and other (43) * * * Federal Government and Indian tribes, required information to the U.S. Senate, (i) The following table lists the as specified by Executive Order 13175 the U.S. House of Representatives, and specific part 63 standards that have (65 FR 67249, November 9, 2000). This the Comptroller General of the United been delegated unchanged to the Texas action also does not have federalism States prior to publication of the rule in Commission on Environmental Quality implications because it does not have the Federal Register. A major rule for all sources. The ‘‘X’’ symbol is used substantial direct effects on the States, cannot take effect until 60 days after it to indicate each subpart that has been on the relationship between the is published in the Federal Register. delegated. The delegations are subject to National Government and the States, or This action is not a ‘‘major rule’’ as all of the conditions and limitations set on the distribution of power and defined by 5 U.S.C. 804(2). forth in Federal law, regulations, policy, responsibilities among the various Under section 307(b)(1) of the Clean guidance, and determinations. Some levels of government, as specified in Air Act, petitions for judicial review of authorities cannot be delegated and are Executive Order 13132 (64 FR 43255, this action must be filed in the United retained by EPA. These include certain August 10, 1999). This action merely States Court of Appeals for the General Provisions authorities and approves a state rule implementing a appropriate circuit by July 3, 2006. specific parts of some standards. Any Federal standard, and does not alter the Filing a petition for reconsideration by amendments made to these rules after relationship or the distribution of power the Administrator of this final rule does the effective date are not delegated.

DELEGATION STATUS FOR PART 63 STANDARDS.—STATE OF TEXAS 1

Subpart Source category TCEQ 2

F ...... Hazardous Organic NESHAP (HON)—Synthetic OrganicChemical Manufacturing Industry (SOCMI) ...... X G ...... HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater ...... X H ...... HON—Equipment Leaks ...... X I ...... HON—Certain Processes Negotiated Equipment Leak Regulation ...... X J ...... Polyvinyl Chloride and Copolymers Production ...... 3 X K ...... (Reserved) ...... L ...... Coke Oven Batteries ...... X

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DELEGATION STATUS FOR PART 63 STANDARDS.—STATE OF TEXAS 1—Continued

Subpart Source category TCEQ 2

M ...... Perchloroethylene Dry Cleaning ...... X N ...... Chromium Electroplating and Chromium Anodizing Tanks ...... X O ...... Ethylene Oxide Sterilizers ...... X P ...... (Reserved) ...... Q ...... Industrial Process Cooling Towers ...... X R ...... Gasoline Distribution ...... X S ...... Pulp and Paper Industry ...... X T ...... Halogenated Solvent Cleaning ...... X U ...... Group I Polymers and Resins ...... X V ...... (Reserved) ...... W ...... Epoxy Resins Production and Non-Nylon Polyamides Production ...... X X ...... Secondary Lead Smelting ...... X Y ...... Marine Tank Vessel Loading ...... X Z ...... (Reserved) ...... AA ...... Phosphoric Acid Manufacturing Plants ...... X BB ...... Phosphate Fertilizers Production Plants ...... X CC ...... Petroleum Refineries ...... X DD ...... Off-Site Waste and Recovery Operations ...... X EE ...... Magnetic Tape Manufacturing ...... X FF ...... (Reserved) ...... GG ...... Aerospace Manufacturing and Rework Facilities ...... X HH ...... Oil and Natural Gas Production Facilities ...... X II ...... Shipbuilding and Ship Repair Facilities ...... X JJ ...... Wood Furniture Manufacturing Operations ...... X KK ...... Printing and Publishing Industry ...... X LL ...... Primary Aluminum Reduction Plants ...... X MM ...... Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills .....X NN ...... (Reserved) ...... OO ...... Tanks—Level 1 ...... X PP ...... Containers ...... X QQ ...... Surface Impoundments ...... X RR ...... Individual Drain Systems ...... X SS ...... Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process ...... TT ...... Equipment Leaks—Control Level 1 ...... X UU ...... Equipment Leaks—Control Level 2 Standards ...... X VV ...... Oil-Water Separators and Organic-Water Separators ...... X WW ...... Storage Vessels (Tanks)—Control Level 2 ...... X XX ...... (Reserved) ...... YY ...... Generic Maximum Achievable Control Technology Standards ...... X ZZ–BBB ...... (Reserved) ...... CCC ...... Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration ...... X DDD ...... Mineral Wool Production ...... X EEE ...... Hazardous Waste Combustors ...... X FFF ...... (Reserved) ...... GGG ...... Pharmaceuticals Production ...... X HHH ...... Natural Gas Transmission and Storage Facilities ...... X III ...... Flexible Polyurethane Foam Production ...... X JJJ ...... Group IV Polymers and Resins ...... X KKK ...... (Reserved) ...... LLL ...... Portland Cement Manufacturing ...... X MMM ...... Pesticide Active Ingredient Production ...... X NNN ...... Wool Fiberglass Manufacturing ...... X OOO ...... Amino/Phenolic Resins ...... X PPP ...... Polyether Polyols Production ...... X QQQ ...... Primary Copper Smelting ...... X RRR ...... Secondary Aluminum Production ...... X SSS ...... (Reserved) ...... TTT ...... Primary Lead Smelting ...... X UUU ...... Petroleum Refineries—Catalytic Cracking Units,Catalytic Reforming Units and Sulfur Recovery Plants ...... X VVV ...... Publicly Owned Treatment Works (POTW) ...... X WWW ...... (Reserved) ...... XXX ...... Ferroalloys Production: Ferromanganese and Silicomanganese ...... X AAAA ...... Municipal Solid Waste Landfills ...... X CCCC ...... Nutritional Yeast Manufacturing ...... X DDDD ...... Plywood and Composite Wood Products. EEEE ...... Organic Liquids Distribution ...... X FFFF ...... Miscellaneous Organic Chemical Manufacturing (MON) ...... X GGGG ...... Solvent Extraction for Vegetable Oil Production ...... X HHHH ...... Wet Formed Fiberglass Mat Production ...... X IIII ...... Auto & Light Duty Truck ...... X JJJJ ...... Paper and other Web (Surface Coating) ...... X KKKK ...... Surface Coating of Metal Cans ...... X

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DELEGATION STATUS FOR PART 63 STANDARDS.—STATE OF TEXAS 1—Continued

Subpart Source category TCEQ 2

MMMM ...... Miscellaneous Metal Parts and Products Surface Coating ...... X NNNN ...... Surface Coating of Large Appliances ...... X OOOO ...... Fabric Printing Coating and Dyeing ...... X PPPP ...... Surface Coating of Plastic Parts and Products ...... X QQQQ ...... Surface Coating of Wood Building Products ...... X RRRR ...... Surface Coating of Metal Furniture ...... X SSSS ...... Surface Coating for Metal Coil ...... X TTTT ...... Leather Finishing Operations ...... X UUUU ...... Cellulose Production Manufacture ...... X VVVV ...... Boat Manufacturing ...... X WWWW ...... Reinforced Plastic Composites Production ...... X XXXX ...... Tire Manufacturing ...... X YYYY ...... Stationary Combustion Turbines ...... X ZZZZ ...... Reciprocating Internal Combustion Engines ...... X AAAAA ...... Lime Manufacturing ...... X BBBBB ...... Semiconductor Manufacturing ...... X CCCCC ...... Coke Ovens: Pushing, Quenching and Battery Stacks ...... X DDDDD ...... Industrial, Commercial, and Institutional Boilers and Process Heaters ...... X EEEEE ...... Iron and Steel Foundries ...... X FFFFF ...... Integrated Iron and Steel ...... X GGGGG ...... Site Remediation ...... X HHHHH ...... Miscellaneous Coating Manufacturing ...... X IIIII ...... Mercury Cell Chlor-Alkali Plants ...... X JJJJJ ...... Brick and Structural Clay Products Manufacturing ...... X KKKKK ...... Clay Ceramics Manufacturing ...... X LLLLL ...... Asphalt Roofing and Processing ...... X MMMMM ...... Flexible Polyurethane Foam Fabrication Operation ...... X NNNNN ...... Hydrochloric Acid Production, Fumed Silica Production ...... X PPPPP ...... Engine Test Facilities ...... X QQQQQ ...... Friction Materials Manufacturing ...... X RRRRR ...... Taconite Iron Ore Processing ...... X SSSSS ...... Refractory Products Manufacture ...... X TTTTT ...... Primary Magnesium Refining ...... X 1 Program delegated to Texas Commission on Environmental Quality (TCEQ). 2 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under ‘‘Delegation of Authority’’) that cannot be delegated. 3 The TCEQ was previously delegated this subpart on May 17, 2005 (70 FR 13018). The subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court’s holding this subpart is not delegated to TCEQ at this time.

* * * * * regulation for the Department of I. Background [FR Doc. 06–4114 Filed 5–1–06; 8:45 am] Homeland Security (DHS). The HSAR On December 4, 2003, the HSAR was BILLING CODE 6560–50–P provides specificity about the Department’s organization, policies, published in the Federal Register (68 procedures, and delegations of FR 67867) as an interim rule and request authority. The FAR and HSAR apply to for comment. Simultaneously, DHS DEPARTMENT OF HOMELAND promulgated the Homeland Security SECURITY all DHS entities, except the Transportation Security Administration Acquisition Manual (HSAM), which 48 CFR Chapter 30 (TSA). provides procedural guidance on internal acquisition matters that need RIN 1601–AA16 DATES: This rule is effective on June 1, not be set out in a regulation. 2006. Revision of Department of Homeland The numbering scheme of the HSAR Security Acquisition Regulation FOR FURTHER INFORMATION CONTACT: and HSAM parallels that of the FAR. Kathy Strouss, Office of the Chief The purpose of the HSAR is not to AGENCY: Department of Homeland Procurement Officer, Department of duplicate the FAR text. Instead, the Security. Homeland Security: (202) 205–0141. HSAR supplements the FAR by ACTION: Final rule. providing specificity regarding DHS’s SUPPLEMENTARY INFORMATION: organization, policies, procedures, and SUMMARY: This final rule adopts, with I. Background delegations, and by implementing specified changes, the interim rule II. Discussion of Public Comments unique authorities provided by the establishing the Department of III. Additional Technical Changes Homeland Security Act, Public Law Homeland Security Acquisition IV. Regulatory Requirements 107–296, as amended. These authorities Regulation (HSAR). This regulation A. Executive Order 12866 Assessment include: (1) Increased use of FAR part supplements the Federal Acquisition B. Regulatory Flexibility Act 12, simplified acquisition, and micro- Regulation (FAR) and provides a C. Paperwork Reduction Act purchase procedures where the uniform department-wide acquisition D. Executive Order 13132 Federalism Department’s mission would be

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seriously impaired otherwise; (2) a inverted domestic corporations and II. Discussion of Public Comments prohibition against most contracts with waivers to that prohibition. • Sixty-six sources submitted comments corporate expatriates, also referred to as Removes the previous prescription on the interim rule. All comments were inverted domestic corporations; and (3) at (HSAR) 48 CFR 3009.507, regarding considered in developing the final rule. personal services contracting authority, (HSAR) 48 CFR 3052.209–72, which The public comments received, and the including waiver of pay limitations addressed organizational conflicts of actions taken, are summarized below: when necessary for urgent homeland interest, and inserts two new security purposes. subsections, 3009.507–1 and 3009.507– Small Entities and Small Business The HSAR (1) establishes the DHS 2, which provide prescriptions for a Administration Office of Advocacy Mentor Prote´ge´ Program to develop revised provision at (HSAR) 48 CFR Comments small business sources; (2) designates 3052.209–72 and a new clause at We received comments from forty- the Department of Transportation Board (HSAR) 48 CFR 3052.209–71. • seven small business entities and the of Contract Appeals as the DHS Board Removes (HSAR) 48 CFR 3011.204– Small Business Administration Office of of Contract Appeals; (3) creates uniform 90, 3013.106–190, and 3013.302–590 Advocacy. Thirty of these small DHS provisions and clauses, as well as and the corresponding clauses at businesses submitted general comments Organizational Element (OE) unique (HSAR) 48 CFR 3052.211–90 and expressing concern that the rule would clauses; and (4) identifies OEs with 3052.213–90, which contained obsolete have a negative impact on small procurement authority. There are no references and content. businesses, without specifying how. • Removes (HSAR) 48 CFR 3015.404– HSAR parts relating to FAR parts 7, 8, These comments may have originated 470, which required withholding profit 10, 12, 14, 18, 20, 21, 25, 26, 29, 34, 38, from an analysis posted on a private and fee payments until after 39, 40, 41, 43, 44, 48, 49, 50, or 51. sector Web site, whose authors The final rule amends the HSAR in definitization of a letter contract. apparently believed that the HSAR order to incorporate changes resulting • Adds text at (HSAR) 48 CFR excluded small businesses from from the comments, changes resulting 3016.505(b)(5)(ii) to identify the DHS competing for prime contracts and that from statutory requirements, and Task and Delivery Order Ombudsman as DHS’s small business programs changes to carry out the intent of the the Senior Competition Advocate. included only those specifically set out interim rule. General changes made to • Adds a new subpart at (HSAR) 48 in the HSAR. HSAR by this rulemaking are provided CFR 3017.204–90 to implement Public Our response to these general in the list below. Of particular note, the Law 106–553, Title I, Section 119, comments is that the HSAR rule— regarding contracts for detention and • Revises (HSAR) 48 CFR 3001.104 to incarceration facilities for Immigration supplements, rather than replaces the provide a forum for resolutions of Non- and Customs Enforcement (ICE). FAR, and that DHS has implemented appropriated Fund Instrumentality • Corrects the text at (HSAR) 48 CFR the FAR’s small business programs. The (NAFI) contract disputes and to provide 3019.201 to include all the current small additional small business programs in the option for appropriated fund business categories listed in (FAR) 48 the HSAR, especially the Mentor- ´ ´ contracting officers to follow the CFR 19.201(a). Protege program, are expected to have a procurement regulations where feasible, • Revises (HSAR) 48 CFR 3022.101– positive impact on small business even when the resulting contract does 70(a) to distinguish between non- subcontracting opportunities without not use appropriated funds. employee and contractor union adversely affecting prime contracting • Revises (HSAR) 48 CFR 3001.301– employee representatives and to ensure opportunities. We have included 71 to include language similar to FAR appropriate access to facilities. additional discussion under the 1.108 regarding application of • Adds a new section at (HSAR) 48 Regulatory Flexibility Act section of this regulatory changes to existing CFR 3035.017 regarding Federally preamble. solicitations and contracts. Funded Research and Development The eighteen remaining commenters • Revises (HSAR) 48 CFR 3001.404 to Centers (FFRDCs). addressed specific small business include a requirement to consult with • Removes internal procedural issues, which we have summarized as the Civilian Agency Acquisition Council matters in (HSAR) 48 CFR 3037.104–70 follows: Chairperson prior to issuing non- relating to personal services contracts. 1. Comment: Several comments emergency FAR class deviations. • Amends (HSAR) 48 CFR 3046.7, expressed concern that the incentives • Adds a definition for ‘‘sensitive regarding warranties, by removing the provided to a large contractor information’’ in (HSAR) 48 CFR sections applying to DHS and all OEs participating as a mentor may actually 3002.101 and (HSAR) 48 CFR 3052.204– other than the Coast Guard, and by penalize small business subcontractors 71. clarifying the use of warranties in major that do not desire to participate in the • Revises (HSAR) 48 CFR 3004.470 to systems acquisitions for the USCG. program as prote´ge´s. Several comments prescribe clauses regarding security • Removes the certification recommended that DHS revise requirements for sensitive but requirement from (HSAR) 48 CFR paragraph (d) of (HSAR) 48 CFR unclassified information and contractor 3052.223–70 relating to the licenses and 3052.219–71 to clarify whether DHS access to Information Technology permits required by Federal, state, and will permit mentors to satisfy their resources. local laws to perform hazardous subcontracting plans solely by awarding • Adds (HSAR) 48 CFR 3006.1 and substance(s) removal or disposal contracts and development assistance to 3006.101–70 to define the terms services. prote´ge´s, and recommended that DHS ‘‘Agency Competition Advocate’’ and • Redesignates (HSAR) 48 CFR perform a regulatory flexibility analysis. ‘‘Competition Advocate for the 3052.237–70, Qualifications of The Small Business Administration’s Procuring Activity.’’ Contractor Employees, as (HSAR) 48 Office of Advocacy letter of January 5, • Amends (HSAR) 48 CFR 3009.104– CFR 3052.204–71, Contractor Employee 2004, specifically questioned this same 72, 3009.104–73, and 3009.104–74 to Access, and revises the content of the issue and recommended DHS provide comport with statutory changes redesignated clause with regard to the factual basis to support its decision regarding the prohibition against access to sensitive information and to to certify the rule under the Regulatory contracting with companies treated as information technology resources. Flexibility Act.

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Response: We disagree that, as a execution and management of Organizational Element, such as the practical matter, large businesses can subcontracting plans and program U.S. Coast Guard, are numbered fulfill their entire subcontracting plan contracts. Such contracts must require similarly, except that their suffixes goals for a contract through Mentor- the DHS contracting officer to include begin with ‘‘90’’, instead of ‘‘70’’, for Prote´ge´ agreements, nor does DHS the Small Business Entity and the DHS example, 3028.106–490 (unique section) intend to approve any subcontracting Director, Small Business Entities, a and 3037.104–91 (unique subsection) . plan that solely relies on Mentor-Prote´ge´ place at the negotiating and evaluation Finally, as a uniformed service, the agreements. Because DHS intends the table with the Large Prime Contractor.’’ Coast Guard is subject to unique Mentor-Prote´ge´ Program as an extension Response: We interpret the comments statutory requirements. Hence, the of its Small Business Program—not its as requesting authority for small HSAR contains several sections specific replacement—we have clarified (HSAR) business offerors on DHS subcontracts to the Coast Guard. 48 CFR 3052.219–71(d) regarding the and DHS’s Director of Small and 7. Comment: Two comments limitations of the individual Mentor- Disadvantaged Business Utilization to recommended that (HSAR) 48 CFR Prote´ge´ agreements. DHS will use the participate in contracting officers’ 3001.104(c) should be revised to Mentor-Prote´ge´ program in addition to discussions and negotiations with large explicitly provide a forum for resolution the small business programs in (FAR) 48 business prime contract offerors. We of Non-appropriated Funded CFR part 19: The business development believe that such a change would Instrumentality (NAFI) contract program established under section 8(a) exceed the scope of the interim rule, disputes. of the Small Business Act, 15 U.S.C. and would require modification to Response: We agree. The (HSAR) 48 section 637(a) (the ‘‘8(a) program’’), the statutory authority or the FAR. CFR 3001.104(c) was revised to provide HUBZone program, the service disabled 5. Comment: DHS received multiple for appeal of NAFI contract disputes to veteran small business program, the requests for a DHS-wide pilot to provide the Department of Transportation Board traditional small business set-aside funds for small business demonstration of Contract Appeals. program, and the small business projects, including financial incentives 8. Comment: The requirement at subcontracting program. It is expected for individual small businesses and (HSAR) 48 CFR 3001.301–71(b) to that the prote´ge´ entities will directly groups of small businesses to compete. obtain the Chief of the Contracting benefit from the forms of mentoring Response: DHS believes the requested Office’s (COCO’s) determination to provided for in this rule. Hence, the rule demonstration projects would constitute include new HSAR provisions in will not have a significant economic financial assistance, and would require previously issued solicitations is ‘‘too impact on a substantial number of small statutory authority. inflexible.’’ Response: We agree. The (HSAR) 48 entities in the sense envisioned by the Specific Comments Relating to HSAR CFR 3001.301–71 was revised to contain Regulatory Flexibility Act. Parts 2. Comment: Several comments language similar to (FAR) 48 CFR 1.108 expressed concerns about TSA’s 6. Comment: DHS received several regarding effective dates and application exemption from the FAR and the HSAR, comments dealing with the structure of of regulatory changes. particularly from the small business the regulations. One comment 9. Comment: The final rule should requirements. recommended clarification of the order include language similar to (FAR) 48 Response: TSA is statutorily exempt of precedence to include court and CFR 1.404(a)(2) that states, ‘‘An agency from the FAR, HSAR, and Small administrative decisions. Another official who may authorize a class Business Act, under the Aviation and comment suggested including a cross deviation, before doing so, shall consult Transportation Security Act of 2001, reference between the FAR and the with the chairperson of the Civilian and is bound instead by the Federal HSAR to minimize confusion over Agency Acquisition Council (CAA Aviation Administration (FAA) precedence, and an instruction to follow Council), unless that agency official Acquisition Management System the FAR unless the HSAR provides determines that urgency precludes such (AMS). Section 3.6.1 of the AMS, specific supplemental regulations. One consultation.’’ ‘‘Small Business Utilization,’’ sets out comment asked why the regulation is Response: We agree. (HSAR) 48 CFR TSA’s requirements with regard to small focused on U.S. Coast Guard 3001.404(a) was modified to include the business acquisition programs. acquisitions. requirement to consult with the CAA Nonetheless, TSA actively participates Response: The HSAM and HSAR, like Council Chairperson for FAR class in DHS’s small business programs, other regulatory and administrative deviations. including taking part in small business documents, implicitly incorporate 10. Comment: One comment outreach events, setting small business interpretations from courts and suggested addressing the ‘‘Special goals, and providing information for the administrative bodies. We do not Emergency Procurement Authority,’’ annual Forecast of Contract believe that the HSAR needs additional granted by section 1443 of the Services Opportunities. cross references to the FAR; HSAR Acquisition Reform Act of 2003, enacted 3. Comment: Fourteen comments numbering corresponds to the FAR as title XIV of the fiscal year 2004 requested language granting priority for citations addressing the same subject National Defense Authorization Act small business prime contract matter, with the HSAR providing more (Pub. L. 108–136), in (HSAR) 48 CFR acquisition in the HSAR. specificity. Some HSAR numbers have 3013.7004. Response: The requested language no parallel FAR citations because they Response: We disagree. Federal would unnecessarily duplicate (FAR) 48 address issues unique to DHS. We have Acquisition Circular (FAC) 2001–022, CFR 19.201(a) and the ‘‘Rule of Two’’ placed such regulations in HSAR parts published on February 23, 2004, set out at (FAR) 48 CFR 19.505–2, which that relate generally to the subject incorporated the new authorities listed require exclusive set-asides for small matter and numbered them with the in section 1443 of the Services businesses in certain circumstances. suffix ‘‘70’’, for example: 3019.70 (a Acquisition Reform Act (SARA) into the 4. Comment: Multiple comments DHS unique subpart), 3004.470–3 (a FAR. The authorities in section 1443 of requested that ‘‘the DHS Director, Small DHS unique section), or 3019.708–70 (a SARA overlap the special authorities set Business Entities, be given the authority DHS unique subsection). Unique out in section 833 of the Homeland and responsibility for the final requirements applying to a particular Security Act, 6 U.S.C. 393. The

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definitions of ‘‘micro-purchase Defense (DoD) agencies on behalf of Response: The current heading is threshold,’’ at (HSAR) 48 CFR DoD. consistent with section 835 of the 3013.7003, and ‘‘simplified acquisition Response: DHS believes that the Homeland Security Act, 6 U.S.C. 395, threshold,’’ at (HSAR) 48 CFR General Services Administration’s ‘‘Prohibition on Contracts with 3013.7004, apply only to DHS (GSA) special ordering procedures for Corporate Expatriates.’’ procurements that take place under the the Federal Supply Schedules and 19. Comment: Several comments were streamlined authority in section 833 of Defense Federal Acquisition Regulation submitted regarding (HSAR) 48 CFR the Homeland Security Act, and not Supplement (DFARS) 48 CFR 208.404– 3009.104–74 and the clause, Prohibition those under the similar authority in 70, ‘‘Additional Ordering Procedures for on Contracts with Expatriates at (HSAR) section 1443 of SARA. Any internal Services,’’ adequately set out DHS’s 48 CFR 3052.209–70, which implement DHS requirements associated with the requirements when ordering off the the Secretary’s authority to waive the FAR rule will be addressed in the schedules on behalf of DoD prohibition on contracting with inverted HSAM. components. domestic corporations. The specific 11. Comment: One comment 16. Comment: The prohibition at recommendations included referring to recommended that the HSAR address (HSAR) 48 CFR 3009.104–71 the substantive provisions of the HSAR DHS’s Procurement Instrument implementing section 835(b) of the rather than to the substantive provisions Identification Descriptions (PIID) Homeland Security Act (HSA), 6 U.S.C. of the statute; adding language that (contract numbers). section 395(b), against contracting with encourages the contractor to submit Response: DHS’s PIID scheme is a foreign incorporated entity treated as waiver requests at the earliest time addressed in section 3004.602–71 of the an inverted domestic corporation, does practicable; adding language permitting HSAM. not state how it is to be applied with an offeror to submit an offer at its risk 12. Comment: Some of the comments regard to purchases at or below the before a waiver has been granted; and indicated confusion over use of different simplified acquisition threshold, or to adding an alternate certification terms in different places to refer to the task and delivery orders issued under permitting a company to state that it is Departmental and OE competition contracts with other agencies. an inverted corporation pursuant to the advocates, specifically in (HSAR) 48 Response: The HSA states, ‘‘The criteria of the Act but has submitted a CFR 3006.501 and 3006.502, FAR 6.5, Secretary may not enter into any request for waiver pursuant to (HSAR) and the office of Federal Procurement contract’’ with a company deemed 48 CFR 3009.104–74. Also, one Policy (OFPP) Act. under the statute to be an ‘‘inverted comment noted that Public Law 108–7, Response: We have amended the domestic corporation.’’ The statute Div. L, section 101(2), 117 Stat. 528 HSAR to include language at 3006.1 and provides a waiver for specific contracts (February 20, 2003), limited waivers to 3006.101–70 (previously located in the if the Secretary determines that such a those ‘‘in the interest of homeland HSAM, at section 3006.101–70) to make waiver is in the interests of national security,’’ and suggested amending the clear that the different titles refer to the security. DHS employees and officials regulation accordingly. same individual. exercising the Secretary’s delegated Response: We adopt the 13. Comment: The term authority to enter into contracts are recommendation to cite the regulation ‘‘Departmental Advocates for bound by this requirement. OEs are rather than the Homeland Security Act Competition’’ should be replaced with advised to consult with legal counsel if and have also changed (HSAR) 48 CFR ‘‘DHS SCA’’ at (HSAR) 48 CFR 3006.502 questions exist regarding the application 3009.104–74(a) to comport with to be consistent with the title of the language of section 835. amendments to the Act. Additionally, established in (HSAR) 48 CFR 3006.501 17. Comment: One comment we have amended (HSAR) 48 CFR ‘‘Competition Advocates.’’ recommended revising (HSAR) 48 CFR 3052.209–70(f) to provide for offerors to Response: We agree. However, we 3009.104–71 because it fails to submit one of three alternative have removed (HSAR) 48 CFR 3006.502 recognize the Homeland Security Act’s representations: That the offeror is not and included provisions in the HSAM explicit authority to waive the an inverted domestic corporation, that because the procedures identified are prohibition in appropriate the offeror should be treated as an internal policy matters. circumstances against contracting with inverted domestic corporation but has 14. Comment: DHS should provide corporate expatriates. The comment submitted a waiver request, and that the additional details regarding bundled suggested adding a new lead-in phrase offeror should be treated as an inverted procurements in accordance with (FAR) stating ‘‘Except as provided in (HSAR) domestic corporation but plans to apply 48 CFR 7.107(c), which states, ‘‘Without 48 CFR 3009.104–74.’’ for a waiver. Adding such a power of delegation, * * * the Deputy Response: We modified (HSAR) 48 representation will allow entities that Secretary or equivalent for the civilian CFR 3009.104–71 as recommended. do not meet the requirements to remain agencies may determine that bundling is Also, we modified the text of (HSAR) 48 in line for award while their waiver necessary and justified when ***.’’ CFR 3009.104–72 to comport with requests are processed. We do not adopt Response: The (FAR) 48 CFR 7.107(c) changes in the 2005 Homeland Security recommendations to add language specifies that the Deputy Secretary of Appropriations Act, Public Law 108– suggesting offerors submit waiver DHS must make the necessary 334, section 523 (General Provisions), requests as early as possible or language determinations. The specific procedures regarding companies that are to be allowing submission of an offer at the for making such determinations are treated as inverted domestic offeror’s risk before a waiver is granted. internal matters that are addressed in corporations. In both cases, we believe that the HSAM 3007.107(e). 18. Comment: One comment suggested wording is common sense 15. Comment: The HSAR does not recommended changing the heading of advice that need not be codified in provide Departmental procedure to (HSAR) 48 CFR 3009.104, the text of formal regulations. ensure compliance with section 803 of (HSAR) 48 CFR 3009.104–75, and the 20. Comment: DHS received the National Defense Authorization Act section heading and the title of (HSAR) comments objecting to the burdens for Fiscal Year 2002 (Pub. L. 107–107), 48 CFR 3052.209–70 to refer to imposed by the Disclosure of Conflicts which applies to orders for services over ‘‘Inverted Domestic Corporations,’’ of Interest provision at (HSAR) 48 CFR $100,000 placed by non-Department of instead of ‘‘corporate expatriates.’’ 3052.209–72 and the lack of clarity at

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(HSAR) 48 CFR 3009.507 regarding the and Simplified Acquisition Procedures position title and organization of the conditions for the provision’s use. dollar amounts. individuals whose duties will include Response: We have deleted the Response: We agree. We changed serving as DHS Task and Delivery Order prescription in the interim rule at (HSAR) 48 CFR 3013.7005 accordingly. Ombudsmen. (HSAR) 48 CFR 3009.507 and the clause 25. Comment: Several comments Response: We agree. We modified at (HSAR) 48 CFR 3052.209–72 and expressed concern regarding (HSAR) 48 (HSAR) 48 CFR 3016.505(b)(5)(ii) to replaced them with a new prescription CFR 3015.207–70(b), which allows include the reporting requirements and at (HSAR) 48 CFR 3009.507–1 and releasing proposals and information to identify the DHS Task and Delivery provision at (HSAR) 48 CFR 3052.209– outside the government ‘‘for evaluation Order Ombudsman as the Senior 72. Additionally, DHS has inserted a and similar purposes if qualified Competition Advocate. new clause at (HSAR) 48 CFR 3052.209– personnel are not available’’ within the 30. Comment: One comment 73, Limitation on Future Contracting, government to analyze the submissions. expressed concern that the term which the contracting officer shall insert The comments included urging DHS to ‘‘definitized letter contracts’’ in the into solicitations and contracts require a non-disclosure agreement for prescription at (HSAR) 48 CFR according to the new prescription at those outside the Department, asking 3016.603–4, Contract clauses, has no (HSAR) 48 CFR 3009.507–2. We believe DHS to establish qualifications for meaning. The comment states that letter that the new procedures will reduce the contractors and consultants to receive contracts and definitized contracts exist, burden on offerors. such material, and seeking but not ‘‘definitized letter contracts.’’ Response: Although the term 21. Comment: One comment establishment of an additional level of ‘‘definitized letter contract’’ is not recommended adding language to HSAR review before allowing such release. described in the FAR, we believe the subpart 3010 to implement section Response: We do not believe that the term is widely used to describe the act 509(2) of the Homeland Security Act, 6 regulation needs to be changed. (HSAR) of completing the definitization U.S.C. 319(2), which provides: ‘‘It is the 48 CFR 3009.507, 3052.204–70, (negotiation) of the preliminary sense of Congress that in order to further 3052.204–71, and 3052.209–72 restrict contractual instrument (i.e., letter the policy of the United States to avoid the conditions under which the contract.) We have used the term competing commercially with the government may release contractor or ‘‘definitized letter contract’’ in the private sector, the Secretary should rely offeror information. Furthermore, the contract clause prescription to refer to on commercial sources to supply the HSAM requires DHS personnel to the negotiated contractual instrument goods and services needed by the ensure that contractors receiving with agreed-to prices, terms and Department.’’ sensitive information execute non- disclosure agreements. conditions. Response: We have not added 31. Comment: Several comments language to the HSAR for this purpose 26. Comment: The (HSAR) 48 CFR 3015.404–470 imposes an unnecessary addressed energy savings performance because we believe (FAR) 48 CFR parts contracts. One comment noted that the 7, 10, and 11 adequately implement the and unfair hardship on the contractor by withholding profit or fee payments until statutory authority to engage in energy Homeland Security Act’s policy in favor savings performance contracts, 42 of private sector performance of after definitization of a letter contract. Response: We agree. We removed U.S.C. 8287, expired on October 1, 2003. commercial functions. (HSAR) 48 CFR 3015.404–470. Response: We removed (HSAR) 48 22. Comment: One comment 27. Comment: One comment objected CFR 3017.7000, which addressed suggested including a statement at to the (HSAR) 48 CFR 3015.603(a) internal procedural matters pertaining (HSAR) 48 CFR 3012.303 instructing language stating costs associated with to energy savings contracts. DHS will contracting officers in commercial item proposal preparation are solely the amend the HSAM to address internal acquisitions to use the format set out at responsibility of the offeror submitting procedural matters pertaining to the (FAR) 48 CFR 12.303, instead of the the proposal. Another comment stated program’s administration, reauthorized uniform contract format. that such costs should be reimbursable through Fiscal Year 2006 by the Ronald Response: We disagree that additional if a contract is awarded to that W. Reagan National Defense regulatory language is required beyond contractor. Authorization Act for Fiscal Year 2005, the FAR. However, we will consider Response: We agree in part. We Public Law No. 108–375, section 1090, placing recommended language in the removed (HSAR) 48 CFR 3015.603(a) 118 Stat 1811 (2004). HSAM as internal guidance to DHS because it potentially contradicts the 32. Comment: The clauses and contracting officers. FAR. provisions listed in 3017.9000(a) apply 23. Comment: One comment 28. Comment: One comment to ‘‘sealed bid fixed-price solicitations suggested adding special provisions for recommended establishing a uniform and contracts * * * to be performed large dollar expedited acquisitions Departmental policy for unsolicited within the United States, its under emergency circumstances, to proposals, to avoid separate possessions, or Puerto Rico.’’ The facilitate the ability for a quick national requirements applicable to each OE. clauses and provisions listed in recovery. Response: DHS issued Management 3017.9000(b) apply to ‘‘* * * negotiated Response: The special acquisition Directive (MD) 0750.1, ‘‘Responding to solicitations and contracts to be provisions found in (HSAR) 48 CFR Unsolicited Proposals’’ to provide performed outside the United States.’’ parts 3002 (Definitions) and 3013.7000 uniform procedures. DHS will consider What are the clauses applicable to through 3013.7005, which implement incorporating appropriate procedures sealed bid fixed-price solicitations and statutory authority in section 833 of the into the HSAM. contracts to be performed outside the Homeland Security Act, 6 U.S.C. 393, 29. Comment: (HSAR) 48 CFR United States, its possessions, or Puerto address such acquisitions designed to 3016.505(b)(5)(iii) provides for Rico? What are the clauses applicable to facilitate quick national recovery. complaint referrals from each OE Task negotiated solicitations and contracts to 24. Comment: One comment and Delivery Order Ombudsman to the be performed inside the United States? recommended referring to the FAR in DHS Task and Delivery Order Response: There are no specific (HSAR) 48 CFR subpart 3013.70 instead Ombudsman. Comments suggested that clauses and provisions required for of including the specific micro-purchase the regulations identify the DHS sealed bid solicitations and contracts

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outside the United States or negotiated contrast, another comment argued that CFR 3019.705–1 because we believe solicitations and contracts inside the (FAR) 48 CFR 42.1502 requires (FAR) 48 CFR part 42 applies during United States. The contracting officer consideration of the offeror’s past contract administration and not pre- retains discretion to include the clauses performance regarding previous award. Reports generated under (FAR) and provisions listed in 3017.9000, if subcontracting goals. Two other 48 CFR part 42 should be considered appropriate, for such solicitations and comments suggested changes to (HSAR) during evaluations on the same basis as contracts. 48 CFR 3019.708–70, one to ensure the other past performance information. 33. Comment: One comment contracting officer includes an 36. Comment: One comment suggested that the HSAR implement evaluation factor for Mentor-Prote´ge´ suggested clarifying the term ‘‘union section 119 of Public Law 106–553. That participation and one suggesting an representative’’ in (HSAR) 48 CFR section authorizes the Bureau of addition to paragraph (c) requiring 3022.101–70 to distinguish between Immigration and Customs Enforcement inclusion of (HSAR) 48 CFR 3052.219– outside union representatives and (ICE) to enter into Federal procurement 71 and 3052.219–72 only ‘‘where contractor employee union contracts for detention or incarceration involvement in subcontracting to small representatives to ensure access for space or facilities, including related and disadvantaged businesses will be union representatives who are services, for any reasonable duration considered as a source selection contractor employees. The same and on any reasonable basis evaluation factor.’’ Another comment comment also expressed concerns about ‘‘notwithstanding any other provision of recommended that (HSAR) 48 CFR unlawful surveillance of union activities law, including section 4(d) of the 3052.219–71 be clarified by adding the and urged adoption of a governmental Service Contract Act of 1965 (41 U.S.C. word ‘‘additional’’ before the phrase appeal process for contractor employees 353(d)).’’ ‘‘credit for purposes of determining’’ in who lose their jobs. Response: We agree. Public Law 106– paragraph (d), and address the Response: We have amended (HSAR) 553, Title I, section 119, 18 U.S.C.A. Department’s intent to permit a prote´ge´ 3022.101–70(a) to distinguish between 4013 note (redesignated as section 118 to have more than one mentor. Finally, non-employee and contractor union by Public Law 106–554, section 213), a comment recommended modifying employee representatives, and to ensure authorized the Attorney General of the (HSAR) 48 CFR 3052.219–72, which appropriate access. With regard to United States to enter into contracts another comment noted is a provision— concerns about unlawful investigation exceeding five years in duration, not a clause—to include a or surveillance of union activity, DHS notwithstanding any other provision of representation that an offeror has does not believe that it has directly or law, including section 4(d) of the submitted a Mentor-Prote´ge´ agreement indirectly proposed investigation or Service Contract Act of 1965, 41 U.S.C. that has not yet been approved. surveillance. We do not adopt the 353(d). As a result of sections 441 and suggestion to provide an appeal process 1511(d)(2) of the Homeland Security Response: DHS has adopted some of for aggrieved contractor employees in Act, 6 U.S.C. 251 and 551(d)(2), the the recommendations. We have the acquisition regulations, because Department of Homeland Security may rewritten: (HSAR) 48 CFR 3019.705–1 to DHS believes the question of appeal exercise that authority. Accordingly, we clarify the contracting officer’s rights is best addressed through other added a new section, (HSAR) 48 CFR responsibility involving evaluation means. 3017.204–90, to implement the statutory factors; HSAR (48 CFR 3019.708(a) and 37. Comment: One comment authority for ICE. (c) to correct names of clauses and questioned the need for (HSAR) 48 CFR 34. Comment: One comment stated provisions; (HSAR) 48 CFR 3052.219– 3023.501(d) to delegate authority to the that the list of small business categories 71(d) to include the word ‘‘additional’’ head of law enforcement Organizational in (HSAR) 48 CFR 3019.201(d), as suggested; and (HSAR) 48 CFR Elements to determine that the Drug- assigning responsibility to the Director, 3052.219–72 to clarify contracting Free Workplace requirements do not Office of Small and Disadvantaged officer’s discretion for approval of apply in particular circumstances. Business Utilization for small business credits. We have not adopted the Response: We disagree, but have programs, includes only small and small suggestion to give automatic evaluation reworded the (HSAR) 48 CFR disadvantaged businesses, and should credit if the offeror receives approval of 3023.501(d) for clarity. also include veteran-owned small a Mentor-Prote´ge´ agreement before the 38. Comment: Two comments sought businesses, service-disabled veteran- final evaluation of proposals, because incorporation of (FAR) 48 CFR part 25 owned small businesses, HUBZone such a rigid requirement could lead to and (DFARS) 48 CFR part 225 into the businesses, and women-owned small unfairness to other competitors. HSAR to assure compliance with business concerns. However, we believe that the procurement treaties. Another comment Response: We agree. We corrected the contracting officer should have the sought the adoption of provisions text at (HSAR) 48 CFR 3019.201(d) to discretion to grant such credit if similar to (DFARS) 48 CFR 225.870 to include the business categories listed in appropriate, and have amended (HSAR) allow DHS to contract with the (FAR) 48 CFR 19.201(a). 48 CFR 3052.219–72 accordingly. We do Canadian Commercial Corporation, 35. Comment: We received numerous not adopt the comment to affirm that a using individual Canadian companies to comments regarding subpart 3019.7 and prote´ge´ may have more than one perform the actual contract work as its associated provisions and clauses. mentor. While we have permitted subcontractors. One comment stated that (HSAR) 48 multiple mentors on a case-by-case basis Response: We do not adopt these CFR subpart 3019.705–1 should begin through Mentor-Prote´ge´ Agreements, we comments at this time. DHS plans to with the phrase ‘‘Except when have not yet decided whether to make abide by applicable procurement otherwise required,’’ to indicate that a this policy permanent and plan to treaties, and believes that the FAR subcontracting plan is mandatory in address this matter through future provides sufficient protection for foreign some circumstances and inappropriate rulemaking. Neither have we adopted companies seeking to do business with in others. The comment continued that the comment to incorporate (FAR) 48 DHS. While DHS is not averse to evaluation factors should focus on the CFR 42.1502, requiring past amending the HSAR to address the role plan’s details, rewarding good faith performance evaluations regarding of the Canadian Commercial efforts rather than only results. In subcontracting plans, into (HSAR) 48 Corporation explicitly, the Department

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believes that such a change is not language regarding FFRDCs has been Procurement Policy to develop the appropriate in a final rule. added to (HSAR) 48 CFR 3035.017. scope and process for cooperative 39. Comment: One comment 42. Comment: One comment asked purchasing by states and units of local expressed concern that universities will why the National Institutes of Health government. be able to participate only in research (NIH) Contractor Performance System 47. Comment: One comment contracts, and not in service contracts (CPS) is used in the HSAR instead of the recommended amending subpart 3039 because of the contractor qualification Past Performance Information Retrieval to implement section 509 of the requirements limiting access to System (PPIRS). Homeland Security Act, 6 U.S.C. 319, information technology systems and Response: The NIH CPS is one tool in ‘‘the sense of Congress’’ to use off-the- other sensitive information. The same existence to collect contractor shelf technologies ‘‘to collect, manage, comment suggested deleting or performance information. The DoD share, analyze and disseminate modifying (HSAR) 48 CFR 3052.242– PPIRS is not a performance information information securely over multiple 70(c) to permit press releases by collection tool, but a Web site that channels of communication.’’ universities without pre-clearance by displays final collected performance Response: We disagree. Existing FAR DHS. reports. The two systems work together. and HSAR language regarding the Response: The requirements of 43. Comment: One comment asked procurement of commercial items (HSAR) 48 CFR part 3037 (moved to why the HSAR did not contain more adequately implements the statute. subpart 3004.4), regarding contractor guidance on the use of Performance 48. Comment: DHS received several employee access and security matters Based Contracting. comments concerning warranty involving sensitive but unclassified Response: There is adequate requirements. One comment information, will not ordinarily apply to published guidance on the use of recommended that (HSAR) 48 CFR universities. We have included language Performance-Based Contracting in the 3046.705(a)(3) be amended to exclude to that effect in HSAR 48 CFR 3004.470– FAR, as well as industry associations warranty liability resulting from 3(b). Because we agree that press and Federal Web sites. The HSAR sets terrorism. Another recommended releases from universities should not out regulations unique to DHS. rephrasing (HSAR) 48 CFR require pre-clearance, we have deleted 44. Comment: One comment noted 3046.703(a)(1) to make clear when (HSAR) 48 CFR 3052.242–70(c). that the Office of Management and warranties are required for major Additionally, we have moved the Budget’s clearances for HSIF Form 3237, systems acquisitions. A third stated that prescription at (HSAR) 48 CFR Contractor Personnel Access (HSAR) 48 CFR 3046.706(a) is more 3042.202–70(a) to a new HSAR subpart Application and HSIF Form 4024, procedural than regulatory, and should 3035.70 and moved the clause to Sensitive Information Non-Disclosure be included in the HSAM. Finally, one (HSAR) 48 CFR 3052.235–70. Agreement, were not included in comment recommended changing the 40. Comment: One comment stated (HSAR) 48 CFR 3037.103–71. that (FAR) 48 CFR 31.205–32 adequately Response: These two forms have been (HSAR) 48 CFR 3046.702–70 to be addresses the allowability of precontract removed from the DHS centrally consistent with the statutory (FASA) costs and that (HSAR) 48 CFR managed forms program. We have and regulatory (FAR) definition of a 3031.205–32(a) is unnecessary. removed (HSAR) 48 CFR 3037.103–70 commercial item. Response: We disagree. DHS believes and 3037.103–71 from the final rule. Response: We have amended the that the additional information 45. Comment: One comment asked warranty requirements and renumbered contained in the HSAR will provide why (HSAR) 48 CFR 3037.104–90, subpart 3046 to make clear that the further clarification regarding granting authority to enter into medical content applies only to the Coast Guard, precontract costs. personal service contracts, applies only in accordance with Public Law 99–190, 41. Comment: One comment to the U.S. Coast Guard. Another Title I, Department of Transportation recommended that the HSAR include comment noted that 10 U.S.C. 1091(a)(2) Appropriations, ‘‘Acquisition, guidance regarding the ‘‘other now contains permanent authority to Construction, and Improvements’’ transaction’’ authority in section 831 of enter into personal services contracts for (December 19, 1985) (mandating the Homeland Security Act, 6 U.S.C. the performance of health care warranty procedures for the Coast Guard 391. The comment also recommended responsibilities at locations other than and setting out a combat exemption). adding language to (HSAR) 48 CFR 3035 military medical treatment facilities. We did not extend the exclusion from to address the use of Federally Funded Response: 10 U.S.C. 1091 specifically warranty liability to damage by Research and Development Centers authorizes the Department of Defense terrorism because such an exclusion (FFRDCs) and national laboratories. and the U. S. Coast Guard to award would exceed the statutory authority. Response: Section 831 of the medical personal services contracts. We have also reworded the exclusion to Homeland Security Act, 6 U.S.C. 391, This authority does not apply to DHS apply to ‘‘combat damage’’ (as opposed provides the Secretary of Homeland civilian entities. We removed the to ‘‘in time of war or national Security temporary authority (until expiration date from (HSAR) 48 CFR emergency’’) to comport with statutory September 2007) to enter into ‘‘Other 3037.104–90(a). language. Finally, DHS has removed Transactions.’’ ‘‘Other Transactions’’ is 46. Comment: One comment (HSAR) 48 CFR 3046.702–70 and the the term commonly used to refer to the recommended that (HSAR) 48 CFR Part internal instructions to contracting 10 U.S.C. 2371 authority to enter into 3038 include the Department’s officers found in the interim rule at transactions other than contracts, grants specialized authority in Section 803 of (HSAR) 48 CFR 3046.706. We will insert or cooperative agreements. Since the the 2004 National Defense the latter into HSAM Chapter 3046. policies and procedures applicable to Authorization Act (Pub. L. 108–136) to 49. Comment: One comment these instruments are outside the permit cooperative purchasing by state recommended that the HSAR Federal Acquisition Regulation, a and local governments. implement the Support Anti-terrorism separate Management Directive and Response: Consistent with section 803 by Fostering Effective Technologies Act Guide was issued by the Office of the of Public Law 108–136, DHS is of 2002 (SAFETY Act), found in Chief Procurement Officer. With regard presently working with the sections 861–865 of the Homeland to the second part of the comment, new Administrator of the Office of Federal Security Act, 6 U.S.C. 441–444, and

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address its extraordinary relief (e) of the (HSAR) 48 CFR 3052.217–100 generated by the contractor during provisions in (HSAR) 48 CFR 3050. are inconsistent. performance. Response: DHS believes a change is Response: For consistency we 60. Comment: One comment necessary to (FAR) 48 CFR part 50 with changed the number of days in recommended additional specificity in regard to extraordinary relief and paragraph (e) of (HSAR) 48 CFR (HSAR) 48 CFR 3052.237–70(c) provided our business case 3052.217–100 from 90 days to 60 days. regarding the forms contractor recommendation to the FAR Secretariat. 56. Comment: One comment stated employees must complete. Concurrent rulemaking is taking place that (HSAR) 48 CFR 3052.222–90, Local Response: The HSAM will be in DHS to implement the SAFETY Act Hire, could be interpreted to mean that amended to include the relevant in general. After completion of that all hires must be from the local area. information. rulemaking process, we will consider Response: The comment correctly 61. Comment: One comment raised adding any necessary provisions to the interprets the HSAR text and clause, concerns that (HSAR) 48 CFR 3052.237– HSAR. which properly identify the restrictions 72, Contractor Screening for 50. Comment: One comment placed on the U.S. Coast Guard under Unclassified Information Technology expressed concern that while the 14 U.S.C. 666. However, DHS has Access, provides the Department with introductory paragraph of (HSAR) 48 amended the language to parallel the virtually unlimited rights to inspect CFR 3052.209–70 identifies it as a statute. contractor facilities and question clause, subparagraphs (f) and (g) make 57. Comment: One comment contractor personnel. clear that it is a solicitation provision. recommended revising (HSAR) 48 CFR Response: We have removed the Response: We disagree. (HSAR) 48 3052.223–70 to read: ‘‘The Contractor clause and plan to include CFR 3052.209–70 applies to both must have all licenses and permits administrative guidance in the HSAM. solicitations and contracts and is required by Federal, state, and local 62. Comment: Numerous comments therefore a clause. laws to perform hazardous substance(s) provided edits for various parts of the 51. Comment: (HSAR) 48 CFR removal or disposal services. If the HSAR. 3052.211–90 contains references to Contractor does not currently possess Response: We have considered the Military Standards (Mil-Std), 1189, ‘‘Bar the necessary licenses and permits, it comments relating to technical edits and Coding Symbology,’’ and 129H, must obtain them within l days after corrections. We have addressed changes ‘‘Marking for Shipment and Storage’’. date of award. The Contractor shall in the amended sections of the final One comment stated that Mil-Std 1189 provide evidence of compliance to the rule. is an inactive standard and Mil-Std Contracting Officer or designated III. Additional Technical Changes 129H has been replaced by Mil-Std Government representative prior to 129P. commencement of work under the We have made additional technical Response: We agree. We removed contract.’’ changes to the interim rule, examples of (HSAR) 48 CFR 3011.204–90, 3013.106– Response: We agree, and have which follow. These revisions are not 190, 3013.302–590, and the amended (HSAR) 48 CFR 3052.223–70 intended to change the substance of the corresponding clauses at (HSAR) 48 to include the revised text, although we rule. Typographical corrections include CFR 3052.211–90 and 3052.213–90, all have revised the comment’s suggested (HSAR) 48 CFR 3001.104(c), which was of which contain obsolete references. wording to provide additional clarity. revised to correct ‘‘institutions’’ to 52. Comment: One comment stated ‘‘Instrumentality’’ and (HSAR) 48 CFR that the (HSAR) 48 CFR 3052.215–70 is 58. Comment: Several comments noted the stringency of the ‘‘contractor 3002.101, the definition section, where too restrictive and firms should be able ‘‘Head of Contracting Activity’’ was to replace key personnel without pre- qualification’’ requirements. Some of the comments expressed concern that corrected to read ‘‘Head of the approval. Contracting Activity.’’ Typographical Response: We disagree. The approval the interim regulation required citizenship or legal permanent resident error corrections are identified in the process is standard practice in federal amended text section of this rule. Each contracting. alien status for all contractor employees. Response: DHS did not intend the DHS form was modified to include the 53. Comment: One comment expiration date of September 27, 2007, recommended that ‘‘will be rejected’’ is requirements to apply to all individuals employed by the contractor’s in consonance with the expiration date too restrictive and should be changed to of OMB Control Number 1600–0002 for ‘‘may be rejected’’ in the first paragraph organization, but only to those employed on DHS contracts. We have the collection of information under of (HSAR) 48 CFR 3052.216–70. (HSAR) 48 CFR chapter 30. (HSAR) 48 Response: We agree. We have changed modified the restrictions to apply only to contracts involving access to CFR parts 3002, 3005, 3009, 3013, 3035, the clause as suggested. 3037, and 3052, reflect the codified cites 54. Comment: One comment information technology, sensitive to the Homeland Security Act, which recommended that (HSAR) 48 CFR information, or government facilities, were not available when the interim 3052.216–73 permit provisional and have clarified the requirements. rule was published, were added. payment of award fees, similar to 59. Comment: Several comments regulations recently implemented by the objected to the sweeping definition of IV. Regulatory Requirements DoD in the DFARS. ‘‘sensitive information’’ in (HSAR) 48 A. Executive Order 12866 Assessment Response: We decline to adopt the CFR 3052.237–70(a). DoD policy concerning provisional Response: DHS has narrowed the This rule is not considered by DHS to payment of award fees. DHS believes definition of ‘‘sensitive information’’ be a ‘‘significant regulatory action’’ that its own award fee system provides and moved it to (HSAR) Part 3002.101, under Executive Order 12866, section for flexibility and timely payment the ‘‘Definition’’ section of the 3(f), Regulatory Planning and Review. without adding the complexity of a regulation. The amended text clarifies Accordingly, the Office of Management provisional payment system. that the government must mark and Budget has waived its review 55. Comment: One comment sensitive information that it furnishes to process under section 6(a)(3)(A). As questioned why the vessel repair the contractor. The government may identified in the interim rule, the HSAR guarantee periods in paragraphs (a) and designate as ‘‘sensitive’’ information is the supplemental regulation to the

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FAR, similar to all other Federal Dated: April 25, 2006. (a) HSAR changes apply to agencies’ FAR supplements. Since the Elaine C. Duke, solicitations issued on or after the FAR is the controlling document for the Chief Procurement Officer. effective date of the change; (b) Contracting officers may, at their conduct of most federal acquisitions, the I Accordingly, the interim rule discretion, amend solicitations issued HSAR provides necessary supplemental amending the 48 CFR chapter 30 which before the effective date to include information regarding DHS acquisition was published at 68 FR 67870 on HSAR changes, provided award of the procedures. December 4, 2003, is adopted as a final resulting contract(s) will occur on or rule with the following changes: B. Regulatory Flexibility Act after the effective date of the change; I 1. The authority citation for 48 CFR and parts 3001, 3002, 3003, 3004, 3005, The Regulatory Flexibility Act (RFA) (c) Contracting officers, at their 3006, 3009, 3011, 3013, 3015, 3016, mandates that an agency conduct an discretion, may use the changes clause 3017, 3019, 3022, 3023, 3028, 3030, RFA analysis when an agency is or other suitable authority to modify 3031, 3033, 3035, 3037, 3042, 3046, ‘‘required by section 553 * * *, or any existing contract to include HSAR 3052, and 3053 continues to read as other law, to publish general notice of changes. follows: proposed rulemaking for any proposed I 7. Revise section 3001.404(a) to read rule.’’ RFA analysis is not required Authority: 41 U.S.C. 418b(a) and (b). as follows: when a rule is exempt from notice and comment rulemaking under 5 U.S.C. PART 3001—FEDERAL ACQUISITION 3001.404 Class deviations. 553(b). DHS has determined that good REGULATION SYSTEM (a) Unless precluded by law, executive order, or other regulation, the cause exists under 5 U.S.C. 553(b)(B) to I 2. Amend section 3001.104 by CPO is authorized to approve FAR class exempt this rule from the notice and revising paragraph (c) and by adding deviations, except (FAR) 48 CFR comments requirements of 5 U.S.C. paragraph (d) to read as follows: 553(b). Therefore no RFA analysis under 30.201–3, and 30.201–4 (the 5 U.S.C. 603 is required for this rule. 3001.104 Applicability. requirements of the Cost Accounting However, DHS did consider the impact * * * * * Standards Board); 48 CFR Chapter 99 of this rule on small entities and does (c) Contracts involving Non- (FAR Appendix); and part 50. Prior to not believe it will have an adverse Appropriated Fund Instrumentalities authorizing a FAR class deviation, the CPO shall consult with the chairperson impact. There were comments from (NAFIs) must contain suitable dispute of the Civilian Agency Acquisition small entities on the December 4, 2003, provisions and may provide for Council (CAA Council), unless the CPO interim rule and those comments were appellate dispute jurisdiction in the determines that urgency precludes such previously addressed in the ‘‘Discussion Department of Transportation’s Board of Contract Appeals (DOTBCA). However, consultation. FAR class deviation of Public Comments’’ section of the requests shall be submitted to the CPO preamble. the contract must not attempt to confer court jurisdiction that does not per (HSAR) 48 CFR subpart 3001.70 C. Paperwork Reduction Act otherwise exist. including complete documentation of (d) The FAR and HSAR may be the justification for the deviation, and The Paperwork Reduction Act (Pub. followed, where feasible, for: the estimated number and type of L. 96–511) applies because the final rule (1) No-cost contracts; contract actions affected. The CPO will contains information collection (2) Concession contracts; and transmit a copy of each approved FAR requirements which require OMB (3) Contracts on behalf of NAFIs deviation to the FAR Secretariat. approval under 44 U.S.C. 3501, et seq. entered into by appropriated fund 3001.603–1 [Amended] OMB has granted approval for a 3-year contracting officers. I 8. Amend section 3001.603–1 by period under OMB Control Numbers I 3. Amend section 3001.105–2 by 1600–0003 through 1600–0005. removing ‘‘COCO’’ in the first sentence revising the second sentence of and replacing it with ‘‘Chief of the D. Executive Order 13132—Federalism paragraph (a) to read as follows: Contracting Office (COCO).’’ 3001.105–2 Arrangement of regulations. DHS has determined that this final PART 3002—DEFINITIONS OF WORDS rule does not contain federalism (a) * * * Guidance that is unique to AND TERMS implications and would not preempt an Organizational Element contains the State laws. Accordingly, DHS certifies organization’s acronym or abbreviation I 9. Amend section 3002.101 by that it will not have substantial direct directly following the title. * * * revising the definition for ‘‘Micro- effects on the States, on the relationship * * * * * purchase threshold’’, by revising the term ‘‘Head of Contracting Activity’’ to between the national government and 3001.301 [Amended] the States, or the distribution of power read ‘‘Head of the Contracting Activity,’’ 4. Amend section 3001.301(a)(1) by and responsibilities among various by revising the definition for removing ‘‘OE’’ and by replacing it with levels of government, as specified in ‘‘Simplified acquisition threshold,’’ and ‘‘Organizational Element (OE).’’ Executive Order 13132. Accordingly, by adding a definition for ‘‘sensitive information,’’ as follows: this rule is not subject to the 3001.301–70 [Amended] requirements of Executive Order 13132. I 5. Amend section 3001.301–70(a) by 3002.101 Definitions. List of Subjects in 48 CFR Parts 3001, removing ‘‘Request’’ in the first sentence * * * * * 3002, 3003, 3004, 3005, 3006, 3009, and replacing it with ‘‘Requests.’’ Micro-purchase threshold is defined 3011, 3013, 3015, 3016, 3017, 3019, I 6. Revise section 3001.301–71 to read as in (FAR) 48 CFR 2.101, except when 3022, 3023, 3028, 3030, 3031, 3033, as follows: (HSAR) 48 CFR 3013.7003(a) applies. 3035, 3037, 3042, 3046, 3052 and 3053 * * * * * 3001.301–71 Effective date. Sensitive Information as used in this Government procurement. Unless otherwise stated: Chapter, means any information, the

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loss, misuse, disclosure, or replacing ‘‘MD 0480, Ethics/Standards Systems Handbook, prescribe the unauthorized access to or modification of Conduct’’ with ‘‘MD 0480.1, Ethics/ policies and procedures on security for of which could adversely affect the Standards of Conduct, or any Information Technology resources. national or homeland security interest, replacement Management Directive.’’ Compliance with these policies and or the conduct of Federal programs, or procedures, any replacement the privacy to which individuals are 3003.203 [Amended] publications, or any other current or entitled under 5 U.S.C. 552a (the I 11. Amend section 3003.203(a) future DHS policies and procedures Privacy Act), but which has not been introductory text by amending the first covering contractors specifically is specifically authorized under criteria sentence to remove the phrase ‘‘of the required in all contracts that require established by an Executive Order or an Gratuities clause.’’ access to facilities, IT resources or Act of Congress to be kept secret in the sensitive information. 3003.204 [Amended] interest of national defense, homeland (b) The contractor must not use or I security or foreign policy. This 12. Revise section 3003.204(c) to read redistribute any DHS information definition includes the following as follows: processed, stored, or transmitted by the categories of information: 3003.204 Treatment of violations. contractor except as specified in the (1) Protected Critical Infrastructure contract. Information (PCII) as set out in the * * * * * Critical Infrastructure Information Act (c) If the HCA determines that the 3004.470–3 Contract clauses. alleged gratuities violation occurred of 2002 (Title II, Subtitle B, of the (a) Contracting officers shall insert a Homeland Security Act, Pub. L. 107– during the ‘‘conduct of an agency procurement’’ the COCO shall consult clause substantially the same as the 296, 196 Stat. 2135), as amended, the clause at (HSAR) 48 CFR 3052.204–70, implementing regulations thereto (6 with Government legal counsel regarding appropriate action. Security Requirements for Unclassified CFR part 29) as amended, the applicable Information Technology Resources, in PCII Procedures Manual, as amended, PART 3004—ADMINISTRATIVE solicitations and contracts that require and any supplementary guidance MATTERS submission of an IT Security Plan. officially communicated by an (b) Contracting officers shall insert the authorized official of the Department of I 13. Revise subpart 3004.4 to read as basic clause at (HSAR) 48 CFR Homeland Security (including the PCII follows: 3052.204–71, Contractor Employee Program Manager or his/her designee); Access, in solicitations and contracts (2) Sensitive Security Information Subpart 3004.4—Safeguarding when contractor employees require (SSI), as defined in 49 CFR part 1520, Classified and Sensitive Information recurring access to Government as amended, ‘‘Policies and Procedures Within Industry facilities or access to sensitive of Safeguarding and Control of SSI,’’ as information. Contracting Officers shall amended, and any supplementary Sec. 3004.470 Security requirements for access insert the basic clause with its Alternate guidance officially communicated by an to unclassified facilities, Information I for acquisitions requiring contractor authorized official of the Department of Technology resources, and sensitive access to IT resources. For acquisitions Homeland Security (including the information. in which the contractor will not have Assistant Secretary for the 3004.470–1 Scope. access to IT resources, but the Transportation Security Administration 3004.470–2 Policy. Department has determined contractor or his/her designee); 3004.470–3 Contract clauses. (3) Information designated as ‘‘For employee access to sensitive Official Use Only,’’ which is Subpart 3004.4—Safeguarding information or Government facilities unclassified information of a sensitive Classified and Sensitive Information must be limited to U.S. citizens and nature and the unauthorized disclosure Within Industry lawful permanent residents, the of which could adversely impact a contracting officer shall insert the clause 3004.470 Security requirements for access with its Alternate II. Neither the basic person’s privacy or welfare, the conduct to unclassified facilities, Information of Federal programs, or other programs clause nor its alternates shall be used Technology resources, and sensitive unless contractor employees will or operations essential to the national or information. homeland security interest; and require recurring access to Government (4) Any information that is designated 3004.470–1 Scope. facilities or access to sensitive ‘‘sensitive’’ or subject to other controls, This section implements DHS’s information. Neither the basic clause safeguards or protections in accordance policies for assuring the security of nor its alternates should ordinarily be with subsequently adopted homeland unclassified facilities, Information used in contracts with educational security information handling Technology (IT) resources, and sensitive institutions. information during the acquisition procedures. PART 3005—PUBLICIZING CONTRACT Simplified acquisition threshold is process and contract performance. ACTIONS defined as in (FAR) 48 CFR 2.101, 3004.470–2 Policy. except when (HSAR) 48 CFR 3013.7004 3005.9000 [Amended] applies. (a) DHS’s policies and procedures on contractor personnel security I 14. Revise section 3005.9000 to read PART 3003—IMPROPER BUSINESS requirements are set forth in various as follows: PRACTICES AND PERSONAL management directives (MDs). MD CONFLICTS OF INTEREST 11042.1, Safeguarding Sensitive But 3005.90 Applicability (USCG). Unclassified (For Official Use only) Contracts awarded by the U.S. Coast 3003.101–3 [Amended] Information describes how contractors Guard using the procedures in (HSAR) I 10. Amend section 3003.101–3 by must handle sensitive but unclassified 48 CFR 3037.104–91 are expressly removing the ‘‘(a)’’ designation, by information. MD 4300.1, entitled authorized for the Coast Guard under 10 removing ‘‘parts 2635 and 3101’’ and Information Technology Systems U.S.C. 1091, as amended by section adding in its place ‘‘part 2635’’, and Security, and the DHS Sensitive 1512(d) of the Homeland Security Act,

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6 U.S.C. 552(d), and are exempt from foreign corporation for purposes of the (HSAR) 3052.209–72, Organizational (FAR) 48 CFR part 5. Internal Revenue Code of 1986. Conflict of Interest, in solicitations and Inverted Domestic Corporation *** contracts where a potential PART 3006—COMPETITION (1) The entity completes the direct or organizational conflict of interest exists REQUIREMENTS indirect acquisition of substantially all and mitigation may be possible. The of the properties held directly or I contracting officer shall ensure the 15. Add Subpart 3006.1 to read as indirectly by a domestic corporation or conditions enumerated in (FAR) 48 CFR follows: substantially all of the properties subpart 9.5 warrant inclusion. The Subpart 3006.1—Full and Open constituting a trade or business of a contracting officer shall include the Competition domestic partnership; information required by (FAR) 48 CFR * * * * * 9.507–1 and (HSAR) 3052.209–72(a). Sec. I 19. Amend section 3009.104–73 by 3009.507–2 [Added] 3006.101 Policy. revising paragraphs (a)(2) and (b) to read 3006.101–70 Definitions. as follows: I 24. Add section 3009.507–2, to read as As used in this part: follows: Agency competition advocate means 3009.104–73 Special rules. an individual designated by the Chief (a) * * * 3009.507–2 Contract clause. Procurement Officer (CPO) to perform, (2) Stock of such entity which is sold The contracting officer shall insert a at a minimum, the functions under in a public offering related to the clause substantially the same as the (FAR) 48 CFR 6.502(b) and is acquisition described in subsection clause at (HSAR) 48 CFR 3052.209–73, synonymous with ‘‘Departmental (b)(1) of section 835 of the Homeland Limitation of Future Contracting, in Competition Advocate’’ and ‘‘Senior Security Act, 6 U.S.C. 395(b)(1). solicitations and contracts when a Competition Advocate (SCA).’’ (b) Plan deemed in certain cases. If a potential organizational conflict of Competition advocate for the foreign incorporated entity acquires interest exists and mitigation is not procuring activity means the individual directly or indirectly substantially all of feasible. who has been designated by the the properties of a domestic corporation Organization Element (OE) to approve or partnership during the 4-year period PART 3011—DESCRIBING AGENCY Justifications and Approvals (J & A) for beginning on the date which is 2 years NEEDS before the ownership requirements of other than full and open competition as 3011.204–90 [Removed] permitted by the (FAR) 48 CFR 6.304 section 835(b)(2) of the Act are met, and to perform the duties and such actions shall be treated as pursuant I 25. Remove section 3011.204–90. responsibilities assigned under (FAR) 48 to a plan. CFR 6.502. This term is synonymous * * * * * PART 3013—SIMPLIFIED ACQUISITION with ‘‘procuring activity competition PROCEDURES advocate.’’ 3009.104–74 [Amended] Subpart 3013.1—[Removed] I 20. Revise section 3009.104–74 to 3006.502 [Removed] read as follows: I I 16. Remove section 3006.502. 26. Remove subpart 3013.1. 3009.104–74 Waivers. PART 3009—CONTRACTOR (a) The Secretary shall waive the Subpart 3013.3—[Removed] QUALIFICATIONS provisions of (HSAR) 48 CFR 3009.104– I 71 with respect to any specific contract 27. Remove subpart 3013.3. I 17. Revise section 3009.104–71 by if the Secretary determines that the I 28. Revise section 3013.7000(a) to revising the text as follows: waiver is required in the interest of read as follows: 3009.104–71 General. national security. (b) Contractors shall submit waiver 3013.7000 General. Except as provided in (HSAR) 48 CFR requests to the CPO. A copy of the (a) The Secretary may use the special 3009.104–74, DHS may not enter into waiver request or the approved waiver streamlined acquisition authorities set any contract with a foreign incorporated shall be attached with the bid or forth in the Homeland Security Act, entity which is treated as an inverted proposal. section 833, 6 U.S.C. 393, with respect domestic corporation under subsection to any procurement that takes place (b) of section 835 of the Homeland 3009.470–4 [Amended] during the period ending September 30, Security Act, 6 U.S.C. 395(b), or any I 21. Amend section 3009.470–4 by 2007, if the Secretary determines in subsidiary of such an entity. removing ‘‘(HSAR) 48 CFR 3052.3009– writing that the mission of the 3009.104–72 [Amended] 71’’ and adding in its place ‘‘(HSAR) 48 Department (as described in the CFR 3052.209–71.’’ Homeland Security Act, section 101, 6 I 18. Amend section 3009.104–72 by I 22. Amend section 3009.507 by U.S.C. 111) would be seriously impaired revising the definition of ‘‘Foreign revising the heading to read as follows: without the use of such authorities. Incorporated Entity’’ and revising * * * * * paragraph (1) of the definition for 3009.507 Solicitation provision and ‘‘Inverted Domestic Corporation’’ to contract clause. I 29. Revise section 3013.7005 to read read as follows: as follows: 3009.507–1 [Amended] 3009.104–72 Definitions. I 3013.7005 Test program for certain 23. Add section 3009.507–1 to read as commercial items. * * * * * follows: Foreign Incorporated Entity means When the streamlined authority is any entity which is, or but for section 3009.507–1 Solicitation provision. exercised, the limitation provided in 835(b) of the Homeland Security Act, 6 The contracting officer shall insert a (FAR) 48 CFR subpart 13.5 is increased U.S.C. 395(b), would be, treated as a provision substantially the same as to $7,500,000.

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PART 3015—CONTRACTING BY management, small business specialists, Security Administration or United NEGOTIATION acquisition personnel and program staff States Secret Service installations and to support both critical homeland work sites is not governed by this rule, Subpart 3015.4—[Removed] security missions and meet public but by laws, rules, regulations, policy objectives concerning small Executive Orders and policies I 30. Remove subpart 3015.4. business participation in departmental applicable to those Organizational I 31. Revise section 3015.602 to read as procurements. The Director, Office of Elements. It is the policy of DHS to follows: Small and Disadvantaged Business admit non-employee labor union 3015.602 Policy. Utilization, is responsible for the representatives of contractor employees implementation and execution of The Department of Homeland to DHS installations to visit work sites programs to assist small businesses, Security (DHS) encourages new and and transact labor union business with veteran owned small businesses, innovative proposals and ideas that will contractors, their employees, and union service-disabled veteran owned small sustain or enhance the DHS mission. stewards pursuant to existing union businesses, HUBZone small businesses, collective bargaining agreements. Their 3015.603 [Removed and reserved] small disadvantaged businesses, and presence must not interfere with the women-owned small business concerns I 32. Remove and reserve section contractor’s work under a DHS contract as required by the Small Business Act. 3015.603. nor violate safety or security regulations I 38. Revise section 3019.705–1 to read that may be applicable to persons PART 3016—TYPES OF CONTRACTS as follows: visiting the installation. However, if there have been incidents of vandalism, 3016.406 [Amended] 3019.705–1 General support for the program. illegal work stoppages, or interference I 33. Amend section 3016.406 by with work, the non-employee labor In any solicitation where removing the word ‘‘includes’’ and union representatives may be subject to subcontracting plans will be required adding in its place ‘‘include’’ in access limitations. Non-employee labor for one or more offerors, contracting paragraphs (e)(1)(i), (ii) and (iii). union representatives will not be officers may include evaluation factors permitted to conduct meetings, collect that consider the quality of proposed 3016.505 [Amended] union dues, or make speeches subcontracting plans and past I 34. Amend section 3016.505 by concerning union matters while visiting performance under previous revising paragraph (b)(5)(ii) to read as a work site during working hours. subcontracting plans. Contracting follows: officers must ensure that these factors (b) Whenever a non-employee labor 3016.505 Ordering. do not penalize companies not required union representative is denied entry to (b)(5) * * * to submit subcontracting plans. a work site, the person denying entry shall make a written report to the DHS (ii) Issues that cannot be resolved 3019.708–70 [Amended] within the OE shall be forwarded to the labor coordinator and OE labor advisor, DHS Task and Delivery Order I 39. Amend section 3019.708–70 by if any, within two working days after Ombudsman, who is also the DHS revising the heading and paragraphs (a) the request for entry is denied. The Senior Competition Advocate, for and (c) to read as follows: report shall include the reason(s) for the review and resolution. denial, the name of the representative 3019.708–70 Solicitation provision and denied entry, the union affiliation and contract clauses. PART 3017—SPECIAL CONTRACTING number, and the name and title of the METHODS (a) The contracting officer shall insert person that denied the entry. the clause at (HSAR) 48 CFR 3052.219– I 35. Add new sections 3017.204 and 70, Small Business Subcontracting Plan 3022.9001 [Amended] 3017.204–90 to read as follows: Reporting, in solicitations and contracts containing the clause at (FAR) 48 CFR I 41. In section 3022.9001, remove the 3017.204 Contracts. 52.219–9. phrase ‘‘(HSAR) 3052.222–90, Local * * * * * Hire Provision’’ and add in its place 3017.204–90 Detention Facilities and ‘‘(HSAR) 48 CFR 3052.222–90, Local Services (ICE). (c) The contracting officer shall insert Hire (USCG).’’ The ICE Head of the Contracting the provision at (HSAR) 48 CFR 3052.219–72, Evaluation of Prime Activity (HCA), without delegation, may PART 3023—ENVIRONMENT, Contractor Participation in the DHS enter into contracts of up to fifteen CONSERVATION, OCCUPATIONAL Mentor-Prote´ge´ Program, in all years’ duration for detention or SAFETY, AND DRUG-FREE solicitations containing (HSAR) 48 CFR incarceration space or facilities, WORKPLACE including related services. 3052.219–71, DHS Mentor-Prote´ge´ Program and (FAR) 48 CFR 52.219–9, I 42. Revise the heading of part 3023 to Subpart 3017.70—[Removed] Small Business Subcontracting Plan. read as set forth above. I 36. Remove Subpart 3017.70. PART 3022—APPLICATION OF LABOR I 43. Revise section 3023.501 to read as LAWS TO GOVERNMENT follows: PART 3019—SMALL BUSINESS ACQUISITIONS PROGRAMS 3023.501 Applicability. 3022.101–70 [Amended] 3019.201 [Amended] I 40. Revise section 3022.101–70 to (d) The head of any Organizational I 37. Revise section 3019.201 to read as read as follows: Element may issue a determination follows: under (FAR) 48 CFR 23.501(d) to 3022.101–70 Admittance of union exclude the Drug-Free Workplace 3019.201 General policy. representatives to DHS installations. requirements of FAR subpart 23.5 in (d) DHS is committed to a unified (a) Admittance of union contracts supporting undercover law team approach involving senior representatives to Transportation enforcement operations.

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PART 3028—BONDS AND INSURANCE PART 3033—PROTESTS, DISPUTES, contracts that require coordination of AND APPEALS information release. I 44. Revise 3028.106–6(c) to read as 3033.214 [Amended] PART 3037—SERVICE CONTRACTING follows: I 48. Amend section 3033.214 by 3037.103 [Removed and reserved] 3028.106–6 Furnishing information. revising paragraph (c) introductory text I * * * * * and paragraph (c)(1) to read as follows: 51. Remove and reserve section 3037.103. (c) When furnishing a copy of a 3033.214 Alternative dispute resolution payment bond and contract in (ADR). 3037.103–70 [Removed] accordance with (FAR) 48 CFR 28.106– (c) The Administrative Dispute I 52. Remove section 3037.103–70. 6(c), the requirement for a copy of the Resolution Act (ADRA) of 1996, as contract may be satisfied by furnishing amended, 5 U.S.C. 571, et seq., 3037.103–71 [Removed] a machine-duplicate copy of the authorizes and encourages agencies to I 53. Remove section 3037.103–71. use mediation, conciliation, arbitration, contract’s cover page, showing the I 54. Revise section 3037.104–70 to and other techniques for the prompt and contract number and date, the read as follows: contractor’s name and signature, the informal resolution of disputes, and for contracting officer’s signature, and the other purposes. The DOTBCA ADR 3037.104–70 Personal service contracts. procedures are contained in 48 CFR description of the contract work. The (b) Authorization to acquire the chapter 63, section 6302.30, ADR contracting officer furnishing the copies personal services of experts and Methods (Rule 30), and will be shall place the statement ‘‘Certified to consultants is included in section 832 of distributed to the parties, if ADR the Homeland Security Act, 6 U.S.C. be a true and correct copy’’ followed by procedures are used. These procedures a signature, title and name of the OE. 392. This section includes authority to may be obtained from the DOTBCA use personal service contracts, The fee for furnishing the requested upon request. ADR procedures may be certified copies shall be determined including authority to contract without used— regard to the pay limitation of 5 U.S.C. according to the DHS Freedom of (1) When there is mutual consent by 3109 when the services are necessary Information Act regulation, 6 CFR part the parties to participate in the ADR due to an urgent homeland security 5, subpart B. process (with consent being obtained need. either before or after an issue in I 45. Revise section 3028.106–490 to controversy has arisen); I 55. Revise section 3037.104–90 to read as follows: * * * * * read as follows: 3028.106–490 Contract clause (USCG). 3037.104–90 Personal services contracts PART 3035—RESEARCH AND (USCG). For the U.S. Coast Guard, the DEVELOPMENT CONTRACTING contracting officer shall insert the USCG The U.S. Coast Guard HCA may enter clause at (HSAR) 48 CFR 3052.228–90, I 49. Add a new section 3035.017 to into medical personal services contracts Notification of Miller Act Payment Bond subpart 3035.000 to read as follows: in accordance with 10 U.S.C. 1091. Protection (USCG), in solicitations and 3035.017 Federally Funded Research and 3037.110–70 [Removed] contracts, and shall require its first-tier Development Centers. I 56. Remove section 3037.110–70. subcontractors to insert the clause in all (a) In accordance with section 309(b) of their subcontracts, when payment of the Homeland Security Act, 6 U.S.C. PART 3042—CONTRACT bonds are required. 189(b), DHS may be a joint sponsor ADMINISTRATION AND AUDIT under a multiple agency sponsorship SERVICES PART 3030—COST ACCOUNTING arrangement with the Department of STANDARDS ADMINISTRATION Energy (DOE) of one or more DOE 3042.202–70 [Amended] national laboratories or sites. DOE shall I 57. Revise section 3042.202–70 to I 46. Revise section 3030.201–5 to read be the primary sponsor under any read as follows: as follows: multiple agency sponsorship arrangement with DOE laboratories or 3042.202–70 Contract clause. 3030.201–5 Waiver. sites. Work performed by a DOE The contracting officer may insert the (a) The CPO is authorized to waive national laboratory or site under a joint clause at (HSAR) 48 CFR 3052.242–71, the applicability of the Cost Accounting sponsorship arrangement with DHS OEs Dissemination of Contract Information, Standards (CAS) under (FAR) 48 CFR shall comply with policy on the use of in DHS contracts. For contracts with 30.201–5(b). This authority may not be Federally Funded Research and educational institutions, the contracting redelegated. Development Centers (FFRDCs) in officer may instead use (HSAR) 48 CFR (FAR) 48 CFR 35.017. 3052.235–70, Dissemination of (c) Waiver requests must conform to I 50. Add subpart 3035.70 to read as Information—Educational Institutions, (HSAR) 48 CFR 3001.70. follows: when coordination of information release is not required. PART 3031—CONTRACT COST Subpart 3035.70—Information PRINCIPLES AND PROCEDURES Dissemination by Educational PART 3046—QUALITY ASSURANCE 3031.205–32 [Amended] Institutions 3046.702 [Removed and reserved] I 47. Amend section 3031.205–32(a) by 3035.7000 Contract clause. I 58. Remove and reserve section removing the word ‘‘can’’ from the The contracting officer may use the 3046.702. second sentence. clause at (HSAR) 48 CFR 3052.235–70, Dissemination of Information— 3046.702–70 [Removed] Educational Institutions, except in I 59. Remove section 3046.702–70.

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3046.703, 3046.705 and 3046.706 warranty as is normally provided by the PART 3052—SOLICITATION [Removed and reserved] manufacturer or supplier shall be PROVISIONS AND CONTRACT I 60. Remove and reserve sections obtained in accordance with (FAR) 48 CLAUSES 3046.703, 3046.705, and 3046.706. CFR 46.703(d) and 46.710(b)(2). 3052.204–70 [Amended] I 61. Revise section 3046.790 to read as (2) For systems or components I 64. Revise section 3052.204–70 to follows: provided in accordance with either read as follows: 3046.790 Use of warranties in major design and manufacturing or systems acquisitions by the USCG (USCG). performance requirements as specified 3052.204–70 Security requirements for I 62. Redesignate section 3046.791 as in the contract or any modification to unclassified information technology section 3046.790–1 and revise the that contract, a warranty of compliance resources. section heading to read as follows: with the stated requirements shall be As prescribed in (HSAR) 48 CFR obtained. 3004.470–3, insert a clause substantially 3046.790–1 Scope (USCG). the same as follows: (3) Any warranty obtained shall * * * * * specifically exclude coverage for combat I 63. Add new sections 3046.790–2, Security Requirements for Unclassified damage. 3046.790–3, and 3046.790–4 to read as Information Technology Resources (JUN 2006) follows: (4) A contractor for a major systems acquisition shall not be required to (a) The Contractor shall be responsible for 3046.790–2 Definitions (USCG). provide the warranties specified in this Information Technology (IT) security for all As used in this part: systems connected to a DHS network or section on any property furnished to operated by the Contractor for DHS, At no additional cost to the that contractor by the Government Government means without an increase regardless of location. This clause applies to except for defects in installation. all or any part of the contract that includes in price for firm-fixed-price contracts, information technology resources or services without an increase in target or ceiling 3046.790–4 Waiver (USCG). for which the Contractor must have physical price for fixed price incentive contracts (a) The Secretary of Homeland or electronic access to sensitive information (see (FAR) 48 CFR 46.707). contained in DHS unclassified systems that Defect means any condition or Security may waive the requirement for directly support the agency’s mission. characteristic in any supplies or services a warranty for USCG major system (b) The Contractor shall provide, furnished by the contractor under the acquisitions when the waiver is in the implement, and maintain an IT Security contract that is not in compliance with interest of national defense or if the Plan. This plan shall describe the processes the requirements of the contract. warranty obtained would not be cost and procedures that will be followed to Design and manufacturing beneficial. A waiver may be granted ensure appropriate security of IT resources requirement means structural and that are developed, processed, or used under provided that the Committees on this contract. engineering plans and manufacturing Appropriations of the Senate and the (1) Within ll [‘‘insert number of days’’] particulars, including precise House of Representatives, the days after contract award, the contractor shall measurements, tolerances, materials and Committee on Commerce, Science and submit for approval its IT Security Plan, finished product tests for the major Transportation of the Senate, and the which shall be consistent with and further system being produced. Committee on Merchant Marine and detail the approach contained in the offeror’s Performance requirements means the proposal. The plan, as approved by the Fisheries of the House of operating capabilities, maintenance, and Contracting Officer, shall be incorporated reliability characteristics of a system Representatives are notified, in writing, into the contract as a compliance document. that are determined to be necessary for of the Secretary’s intention to waive the (2) The Contractor’s IT Security Plan shall warranty requirements and the reasons comply with Federal laws that include, but it to fulfill the requirement for which are not limited to, the Computer Security Act the system is designed. supporting such a determination, prior to granting the waiver. of 1987 (40 U.S.C. 1441 et seq.); the 3046.790–3 Policy (USCG). Government Information Security Reform Act The request for Secretarial waiver of 2000; and the Federal Information Security (a) Major Systems. The use of shall include, as a minimum: Management Act of 2002; and with Federal warranties by the USCG in the policies and procedures that include, but are procurement of major systems valued at (1) A brief description of the major not limited to, OMB Circular A–130. $10,000,000 or higher is mandatory, system and its stage of production (e.g., (3) The security plan shall specifically unless waived (see (HSAR) 48 CFR the number of units delivered and include instructions regarding handling and 3046.790–4). anticipated to be delivered during the protecting sensitive information at the (b) Any warranty on major system life of the program); Contractor’s site (including any information acquisitions shall not apply in the case stored, processed, or transmitted using the (2) The specific waiver requested, the Contractor’s computer systems), and the of any system or component thereof duration of the waiver if it is to involve secure management, operation, maintenance, which has been furnished by the more than one contract, and the programming, and system administration of Government to a contractor except as rationale for the waiver; and computer systems, networks, and indicated in paragraph (c)(4) of this telecommunications systems. section. (3) All documentation supporting the (c) Examples of tasks that require security (c) When drafting warranty request for waiver, such as a cost-benefit provisions include— provisions/clauses for major systems analysis. (1) Acquisition, transmission or analysis of data owned by DHS with significant acquisitions, the contracting officer (b) The waiver request shall be shall ensure that the items listed at the replacement cost should the contractor’s forwarded to the Secretary, via the CPO. copy be corrupted; and Homeland Security Acquisition Manual The USCG shall maintain a written (2) Access to DHS networks or computers (HSAM) Chapter 3046 have been record of each waiver granted and the at a level beyond that granted the general considered. The warranty shall also Congressional notification and report public (e.g., such as bypassing a firewall). meet the following requirements: made, together with supporting (d) At the expiration of the contract, the (1) For systems or components that contractor shall return all sensitive DHS are commercially available, such documentation. information and IT resources provided to the

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contractor during the contract, and certify (3) Information designated as ‘‘For Official (h) The contractor shall have access only that all non-public DHS information has been Use Only,’’ which is unclassified information to those areas of DHS information technology purged from any contractor-owned system. of a sensitive nature and the unauthorized resources explicitly stated in this contract or Organizational elements shall conduct disclosure of which could adversely impact approved by the COTR in writing as reviews to ensure that the security a person’s privacy or welfare, the conduct of necessary for performance of the work under requirements in the contract are Federal programs, or other programs or this contract. Any attempts by contractor implemented and enforced. operations essential to the national or personnel to gain access to any information (e) Within 6 months after contract award, homeland security interest; and technology resources not expressly the contractor shall submit written proof of (4) Any information that is designated authorized by the statement of work, other IT Security accreditation to DHS for approval ‘‘sensitive’’ or subject to other controls, terms and conditions in this contract, or as by the DHS Contracting Officer. safeguards or protections in accordance with approved in writing by the COTR, is strictly Accreditation will proceed according to the subsequently adopted homeland security prohibited. In the event of violation of this criteria of the DHS Sensitive System Policy information handling procedures. provision, DHS will take appropriate actions Publication, 4300A (Version 2.1, July 26, (b) ‘‘Information Technology Resources’’ with regard to the contract and the 2004) or any replacement publication, which include, but are not limited to, computer individual(s) involved. the Contracting Officer will provide upon equipment, networking equipment, (i) Contractor access to DHS networks from request. This accreditation will include a telecommunications equipment, cabling, a remote location is a temporary privilege for final security plan, risk assessment, security network drives, computer drives, network mutual convenience while the contractor test and evaluation, and disaster recovery software, computer software, software performs business for the DHS OE. It is not plan/continuity of operations plan. This programs, intranet sites, and internet sites. a right, a guarantee of access, a condition of accreditation, when accepted by the (c) Contractor employees working on this the contract, or Government Furnished Contracting Officer, shall be incorporated contract must complete such forms as may be Equipment (GFE). into the contract as a compliance document. necessary for security or other reasons, (j) Contractor access will be terminated for The contractor shall comply with the including the conduct of background unauthorized use. The contractor agrees to approved accreditation documentation. investigations to determine suitability. hold and save DHS harmless from any (End of clause) Completed forms shall be submitted as unauthorized use and agrees not to request directed by the Contracting Officer. Upon the I additional time or money under the contract 65. Add section 3052.204–71 to read Contracting Officer’s request, the Contractor’s for any delays resulting from unauthorized as follows: employees shall be fingerprinted, or subject use or access. to other investigations as required. All (k) Non-U.S. citizens shall not be 3052.204–71 Contractor employee access. contractor employees requiring recurring authorized to access or assist in the As prescribed in (HSAR) 48 CFR access to Government facilities or access to development, operation, management or 3004.470–3(b), insert a clause sensitive information or IT resources are maintenance of Department IT systems under required to have a favorably adjudicated substantially the same as follows with the contract, unless a waiver has been appropriate alternates: background investigation prior to commencing work on this contract unless granted by the Head of the Organizational Contractor Employee Access (JUN 2006) this requirement is waived under Element or designee, with the concurrence of both the Department’s Chief Security Officer (a) ‘‘Sensitive Information,’’ as used in this Departmental procedures. (CSO) and the Chief Information Officer Chapter, means any information, the loss, (d) The Contracting Officer may require the (CIO) or their designees. Within DHS misuse, disclosure, or unauthorized access to contractor to prohibit individuals from Headquarters, the waiver may be granted or modification of which could adversely working on the contract if the government affect the national or homeland security deems their initial or continued employment only with the approval of both the CSO and interest, or the conduct of Federal programs, contrary to the public interest for any reason, the CIO or their designees. In order for a or the privacy to which individuals are including, but not limited to, carelessness, waiver to be granted: entitled under section 552a of title 5, United insubordination, incompetence, or security (1) The individual must be a legal States Code (the Privacy Act), but which has concerns. permanent resident of the U.S. or a citizen of not been specifically authorized under (e) Work under this contract may involve Ireland, Israel, the Republic of the criteria established by an Executive Order or access to sensitive information. Therefore, Philippines, or any nation on the Allied an Act of Congress to be kept secret in the the Contractor shall not disclose, orally or in Nations List maintained by the Department of interest of national defense, homeland writing, any sensitive information to any State; security or foreign policy. This definition person unless authorized in writing by the (2) There must be a compelling reason for includes the following categories of Contracting Officer. For those contractor using this individual as opposed to a U.S. information: employees authorized access to sensitive citizen; and (1) Protected Critical Infrastructure information, the contractor shall ensure that (3) The waiver must be in the best interest Information (PCII) as set out in the Critical these persons receive training concerning the of the Government. Infrastructure Information Act of 2002 (Title protection and disclosure of sensitive (l) Contractors shall identify in their II, Subtitle B, of the Homeland Security Act, information both during and after contract proposals the names and citizenship of all Pub. L. 107–296, 196 Stat. 2135), as performance. non-U.S. citizens proposed to work under the amended, the implementing regulations (f) The Contractor shall include the contract. Any additions or deletions of non- thereto (Title 6, Code of Federal Regulations, substance of this clause in all subcontracts at U.S. citizens after contract award shall also part 29) as amended, the applicable PCII any tier where the subcontractor may have be reported to the contracting officer. Procedures Manual, as amended, and any access to Government facilities, sensitive (End of clause) supplementary guidance officially information, or resources. Alternate II (JUN 2006) communicated by an authorized official of (End of clause) the Department of Homeland Security When the Department has determined (including the PCII Program Manager or his/ Alternate I (JUN 2006) contract employee access to sensitive her designee); When the contract will require contractor information or Government facilities must be (2) Sensitive Security Information (SSI), as employees to have access to Information limited to U.S. citizens and lawful permanent defined in Title 49, Code of Federal Technology (IT) resources, add the following residents, but the contract will not require Regulations, part 1520, as amended, ‘‘Policies paragraphs: access to IT resources, add the following and Procedures of Safeguarding and Control (g) Before receiving access to IT resources paragraphs: of SSI,’’ as amended, and any supplementary under this contract the individual must (g) Each individual employed under the guidance officially communicated by an receive a security briefing, which the contract shall be a citizen of the United authorized official of the Department of Contracting Officer’s Technical States of America, or an alien who has been Homeland Security (including the Assistant Representative (COTR) will arrange, and lawfully admitted for permanent residence as Secretary for the Transportation Security complete any nondisclosure agreement evidenced by a Permanent Resident Card Administration or his/her designee); furnished by DHS. (USCIS I–551). Any exceptions must be

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approved by the Department’s Chief Security (d) Special rule for related partnerships. l(2) It has included information in its Officer or designee. For purposes of applying section 835(b) of proposal, providing all current information (h) Contractors shall identify in their the Homeland Security Act, 6 U.S.C. 395(b) bearing on the existence of any actual or proposals, the names and citizenship of all to the acquisition of a domestic partnership, potential organizational conflicts of interest, non-U.S. citizens proposed to work under the except as provided in regulations, all and has included a mitigation plan in contract. Any additions or deletions of non- domestic partnerships which are under accordance with paragraph (d) of this U.S. citizens after contract award shall also common control (within the meaning of provision. be reported to the contracting officer. section 482 of the Internal Revenue Code of (d) Mitigation. If an offeror with a potential (End of clause) 1986) shall be treated as a partnership. or actual conflict of interest or unfair I 66. Amend section 3052.209–70 as * * * * * competitive advantage believes the conflict follows: (f) Disclosure. The offeror under this can be avoided, neutralized, or mitigated, the I a. Revise the date of the clause. solicitation represents that [Check one]: offeror shall submit a mitigation plan to the I b. Revise paragraph (a). lit is not a foreign incorporated entity that Government for review. Award of a contract I c. Amend paragraph (b) by revising should be treated as an inverted domestic where an actual or potential conflict of the definition of ‘‘Foreign Incorporated corporation pursuant to the criteria of interest exists shall not occur before Entity’’ and the introductory text and (HSAR) 48 CFR 3009.104–70 through Government approval of the mitigation plan. If a mitigation plan is approved, the paragraph (1) of the definition of 3009.104–73; lit is a foreign incorporated entity that restrictions of this provision do not apply to ‘‘Inverted Domestic Corporation’’. should be treated as an inverted domestic the extent defined in the mitigation plan. I d. Revise paragraphs (c)(1)(ii), (c)(2), corporation pursuant to the criteria of (e) Other Relevant Information: In addition (d), (f) and (g). (HSAR) 48 CFR 3009.104–70 through to the mitigation plan, the Contracting Officer 3009.104–73, but it has submitted a request may require further relevant information 3052.209–70 Prohibition on contracts with for waiver pursuant to 3009.104–74, which from the offeror. The Contracting Officer will corporate expatriates. has not been denied; or use all information submitted by the offeror, * * * * * lit is a foreign incorporated entity that and any other relevant information known to should be treated as an inverted domestic DHS, to determine whether an award to the Prohibition on Contracts with Corporate corporation pursuant to the criteria of offeror may take place, and whether the Expatriates (JUN 2006) (HSAR) 48 CFR 3009.104–70 through mitigation plan adequately neutralizes or (a) Prohibitions. 3009.104–73, but it plans to submit a request mitigates the conflict. Section 835 of the Homeland Security Act, for waiver pursuant to 3009.104–74. (f) Corporation Change. The successful 6 U.S.C. 395, prohibits the Department of (g) A copy of the approved waiver, if a offeror shall inform the Contracting Officer Homeland Security from entering into any waiver has already been granted, or the within thirty (30) calendar days of the contract with a foreign incorporated entity waiver request, if a waiver has been applied effective date of any corporate mergers, which is treated as an inverted domestic for, shall be attached to the bid or proposal. acquisitions, and/or divestures that may corporation as defined in this clause, or with (End of provision) affect this provision. any subsidiary of such an entity. The (g) Flow-down. The contractor shall insert Secretary shall waive the prohibition with I 67. Revise section 3052.209–72 to the substance of this clause in each first tier respect to any specific contract if the read as follows: subcontract that exceeds the simplified Secretary determines that the waiver is acquisition threshold. required in the interest of national security. 3052.209–72 Organizational conflict of (End of provision) (b) Definitions. interest. I 68. Add section 3052.209–73 to read As prescribed in (HSAR) 48 CFR * * * * * as follows: Foreign Incorporated Entity means any 3009.507–1, insert the following entity which is, or but for subsection (b) of provision: 3052.209–73 Limitation of future section 835 of the Homeland Security Act, 6 contracting. Organizational Conflict of Interest (JUN U.S.C. 395, would be, treated as a foreign As prescribed in (HSAR) 48 CFR corporation for purposes of the Internal 2006) Revenue Code of 1986. (a) Determination. The Government has 3009.507–2, the contracting officer may Inverted Domestic Corporation. A foreign determined that this effort may result in an insert a clause substantially as follows incorporated entity shall be treated as an actual or potential conflict of interest, or may in solicitations and contracts: inverted domestic corporation if, pursuant to provide one or more offerors with the Limitation of Future Contracting (JUN 2006) a plan (or a series of related transactions)— potential to attain an unfair competitive (1) The entity completes the direct or advantage. The nature of the conflict of (a) The Contracting Officer has determined indirect acquisition of substantially all of the interest and the limitation on future that this acquisition may give rise to a properties held directly or indirectly by a contracting lll[’’contracting officer shall potential organizational conflict of interest. domestic corporation or substantially all of insert description here’’].lll Accordingly, the attention of prospective the properties constituting a trade or business (b) If any such conflict of interest is found offerors is invited to FAR Subpart 9.5— of a domestic partnership; to exist, the Contracting Officer may (1) Organizational Conflicts of Interest. (b) The nature of this conflict is [describe * * * * * disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United the conflict]. (c) * * * States to contract with the offeror and (c) The restrictions upon future contracting (1) * * * include the appropriate provisions to avoid, are as follows: (ii) Stock of such entity which is sold in neutralize, mitigate, or waive such conflict in (1) If the Contractor, under the terms of this a public offering related to an acquisition the contract awarded. After discussion with contract, or through the performance of tasks described in section 835(b)(1) of the the offeror, the Contracting Officer may pursuant to this contract, is required to Homeland Security Act, 6 U.S.C. 395(b)(1). determine that the actual conflict cannot be develop specifications or statements of work (2) Plan deemed in certain cases. If a avoided, neutralized, mitigated or otherwise that are to be incorporated into a solicitation, foreign incorporated entity acquires directly resolved to the satisfaction of the the Contractor shall be ineligible to perform or indirectly substantially all of the Government, and the offeror may be found the work described in that solicitation as a properties of a domestic corporation or ineligible for award. prime or first-tier subcontractor under an partnership during the 4-year period (c) Disclosure: The offeror hereby ensuing DHS contract. This restriction shall beginning on the date which is 2 years before represents, to the best of its knowledge that: remain in effect for a reasonable time, as the ownership requirements of subsection l(1) It is not aware of any facts which create agreed to by the Contracting Officer and the (b)(2) are met, such actions shall be treated any actual or potential organizational Contractor, sufficient to avoid unfair as pursuant to a plan. conflicts of interest relating to the award of competitive advantage or potential bias (this * * * * * this contract, or time shall in no case be less than the

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duration of the initial production contract). Subcontracting Reporting System (eSRS) at 3052.222–90 Local hire (USCG). DHS shall not unilaterally require the http://www.esrs.gov. As prescribed in (HSAR) 48 CFR Contractor to prepare such specifications or * * * * * statements of work under this contract. 3022.9001, insert the following clause: (2) To the extent that the work under this I 74. Amend section 3052.219–71 by Local Hire (USCG) (JUN 2006) contract requires access to proprietary, revising the date of the clause and (a) When performing a contract in whole or business confidential, or financial data of paragraph (d) to read as follows: in part in a State with an unemployment rate other companies, and as long as these data in excess of the national average determined remain proprietary or confidential, the 3052.219–71 DHS mentor-prote´ge´ by the Secretary of Labor, the Contractor Contractor shall protect these data from program. shall employ, for the purpose of performing unauthorized use and disclosure and agrees * * * * * the portion of the contract in that State, not to use them to compete with those other individuals who are local residents and who, companies. DHS Mentor-Prote´ge´ Program (JUN 2006) in the case of any craft or trade, possess or (End of clause) * * * * * would be able to acquire promptly, the (d) Large business prime contractors 3052.211–90 [Removed] necessary skills. serving as mentors in the DHS Mentor- (b) Local resident defined. As used in this I 69. Remove section 3052.211–90. Prote´ge´ program are eligible for a post-award section, ‘‘local resident’’ means a resident of, incentive for subcontracting plan credit. The or an individual who commutes daily to, a 3052.213–90 [Removed] mentor may receive credit for costs it incurs State described in subsection (a). to provide assistance to a prote´ge´ firm. The I 70. Remove section 3052.213–90. (c) The Secretary of Homeland Security mentor may use this additional credit may waive the requirements of paragraph (a) I 71. Revise section 3052.216–70 to towards attaining its subcontracting plan the interest of national security or economic read as follows: participation goal under the same or another efficiency. DHS contract. The amount of credit given to (End of clause) 3052.216–70 Evaluation of offers subject a mentor firm for these prote´ge´ to an economic price adjustment clause. developmental assistance costs shall be I 77. Revise section 3052.223–70 to calculated on a dollar for dollar basis and read as follows: As prescribed in (HSAR) 48 CFR reported in the Summary Subcontract Report 3016.203–470, insert a provision via the Electronic Subcontracting Reporting 3052.223–70 Removal or disposal of substantially the same as the following: System (eSRS) at http://www.esrs.gov. For hazardous substances—applicable licenses example, a mentor/large business prime Evaluation of Offers Subject to an Economic and permits. contractor would report a $10,000 Price Adjustment Clause (JUN 2006) subcontract to the prote´ge´/small business As prescribed in (HSAR) 48 CFR Offers shall be evaluated without adding subcontractor and $5,000 of developmental 3023.303, insert the following clause: an amount for an economic price adjustment. assistance to the prote´ge´/small business Removal or Disposal of Hazardous Offers may be rejected which: (1) Increase the subcontractor as $15,000. The Mentor and Substances—Applicable Licenses and stipulated ceiling; (2) limit the downward Prote´ge´ will submit a signed joint statement Permits (JUN 2006) adjustment; or (3) delete the economic price agreeing on the dollar value of the adjustment clause. If the offer stipulates a developmental assistance and the Summary The Contractor shall have all licenses and ceiling lower than that included in the Subcontract Report. permits required by Federal, state, and local solicitation, the lower ceiling will be laws to perform hazardous substance(s) incorporated into any resulting contract. * * * * * removal or disposal services. If the (End of provision) I 75. Revise section 3052.219–72 to Contractor does not currently possess these read as follows: documents, it shall obtain all requisite I 72. Amend section 3052.217–100 by licenses and permits within l[‘‘insert revising the date and title of the clause 3052.219–72 Evaluation of prime days’’]l days after date of award. The and paragraph (e) to read as follows: contractor participation in the DHS mentor- Contractor shall provide evidence of said prote´ge´ program. documents to the Contracting Officer or 3052.217–100 Guarantee (USCG). As prescribed in (HSAR) 48 CFR designated Government representative prior * * * * * 3019.708–70(c), insert the following to commencement of work under the provision: contract. Guarantee (USCG) (JUN 2006) (End of clause) Evaluation of Prime Contractor * * * * * I (e) The Contractor’s liability shall extend Participation in the DHS Mentor- 78. Redesignate section 3052.242–70 for an additional 60-day guarantee period on Prote´ge´ Program (JUN 2006) as section 3052.235–70 and amend by removing paragraph (c); redesignating those defects or deficiencies that the This solicitation contains a source Contractor corrected. paragraph (d) as paragraph (c), and selection factor or subfactor regarding revising the introductory text and the * * * * * ´ ´ participation in the DHS Mentor-Protege date of the clause to read as follows: I 73. Amend section 3052.219–70 by Program. In order to receive credit revising the date and title of the clause, under the source selection factor or 3052.235–70 Dissemination of information—educational institutions. and paragraph (a) to read as follows: subfactor, the offeror shall provide a signed letter of mentor-prote´ge´ As prescribed in (HSAR) 48 CFR 3052.219–70 Small business agreement approval from the DHS Office 3035.7000, insert the following clause: subcontracting plan reporting. of Small Business and Disadvantaged * * * * * Business Utilization (OSDBU) before Dissemination of Information—Educational initial evaluation of proposals. The Institutions (JUN 2006) Small Business Subcontracting Plan contracting officer may, in his or her * * * * * Reporting (JUN 2006) discretion, give credit for approvals that 3052.237–70 [Removed] (a) The Contractor shall enter the occur after initial evaluation of information for the Subcontracting Report for proposals, but before final evaluation. I 79. Remove section 3052.237–70. Individual Contracts (formally the Standard (End of provision) Form 294 (SF 294)) and the Summary 3052.237–71 [Removed] Subcontract Report (formally the Standard I 76. Revise section 3052.222–90 to Form 295 (SF–295)) into the Electronic read as follows: I 80. Remove section 3052.237–71.

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3052.237–72 [Removed] I 84. Amend section 3052.245–70 by 3053.245–70 [Amended] revising the date of the clause and I 81. Remove section 3052.237–72. paragraph (b) to read as follows: I 86. Amend section 3053.245–70 by removing the form number ‘‘0070–05’’ 3052.242–70 [Removed and reserved] 3052.245–70 Government property and adding in its place ‘‘0700–05.’’ reports. I 82. Remove and reserve section I * * * * * 87. Revise section 3053.303 to read as 3052.242–70. follows: Government Property Reports (JUN 2006) 3052.242–71 [Amended] * * * * * 3053.303 Agency forms. I 83. Amend section 3052.242–71 by (b) The report shall be submitted to the This section illustrates agency- Contracting Officer not later than September revising the introductory text to read as 15 of each calendar year on DHS Form 0700– specified forms. To access these forms follows: 5, Contractor Report of Government Property. go to: http://www.dhs.gov (under (End of clause) ‘‘Business, Acquisition Information’’) or 3052.242–71 Dissemination of contract https://dhsonline.dhs.gov/portal/jhtml/ information. PART 3053—FORMS general/forms.jhtml. As prescribed in (HSAR) 48 CFR 3042.202–70, insert the following 3053.222–70 [Amended] clause: I 85. Amend section 3053.222–70 by * * * * * removing the form number ‘‘0070–04’’ and adding in its place ‘‘0700–04.’’

Form name Form No.

Cumulative Claim and Reconciliation Statement ...... DHS Form 0700–01. Contractor’s Assignment of Refunds, Rebates, Credits and Other Amounts ...... DHS Form 0700–02. Contractor’s Release ...... DHS Form 0700–03. Employee’s Claim for Wage Restitution ...... DHS Form 0700–04. Contractor Report of Government Property ...... DHS Form 0700–05. Report of Inventions and Subcontract ...... DD 882.

Appendix—HSAR Clause Matrix

Note: This appendix will not appear in the Code of Federal Regulations. BILLING CODE 4410–10–P

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[FR Doc. 06–4046 Filed 5–1–06; 8:45 am] BILLING CODE 4410–10–C

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DEPARTMENT OF COMMERCE Classification 2007 harvest specifications for This action is required by 50 CFR part groundfish of the GOA (71 FR 10870, National Oceanic and Atmospheric 648 and is exempt from review under March 3, 2006), for the period 1200 hrs, Administration Executive Order 12866. A.l.t., April 1, 2006, through 1200 hrs, A.l.t., July 1, 2006. 50 CFR Part 648 Authority: 16 U.S.C. 1801 et seq. In accordance with § 679.21(d)(7)(i), Dated: April 26, 2006. the Administrator, Alaska Region, [Docket No. 051209329-5329-01; I.D. James P. Burgess, NMFS, has determined that the second 042606C] Acting Director, Office of Sustainable seasonal apportionment of the 2006 Fisheries, National Marine Fisheries Service. Pacific halibut bycatch allowance Fisheries of the Northeastern United [FR Doc. 06–4117 Filed 4–27–06; 12:50 pm] specified for the trawl deep-water States; Atlantic Mackerel, Squid, and BILLING CODE 3510–22–S species fishery in the GOA has been Butterfish Fisheries; Reopening of reached. Consequently, NMFS is Directed Fishery for Loligo Squid prohibiting directed fishing for the DEPARTMENT OF COMMERCE deep-water species fishery by vessels AGENCY: National Marine Fisheries using trawl gear in the GOA. The Service (NMFS), National Oceanic and National Oceanic and Atmospheric species and species groups that Atmospheric Administration (NOAA), Administration comprise the deep-water species fishery Commerce. are sablefish, rockfish, deep-water 50 CFR Part 679 ACTION: Directed fishery reopening. flatfish, rex sole and arrowtooth [Docket No. 060216044–6044–01; flounder. SUMMARY: NMFS announces that I.D.042606F] After the effective date of this closure commercial quota is available to allow the maximum retainable amounts at the directed fishery for Loligo squid to Fisheries of the Economic Exclusive § 679.20(e) and (f) apply at any time reopen. Vessels issued a Federal Zone Off Alaska; Deep-water Species during a trip. Fishery by Vessels Using Trawl Gear in moratorium permit to harvest Loligo Classification squid in excess of the incidental catch the Gulf of Alaska This action responds to the best allowance may continue landing Loligo AGENCY: National Marine Fisheries squid as of April 27, 2006 effective date available information recently obtained Service (NMFS), National Oceanic and from the fishery. The Assistant of this notice. The intent of this action Atmospheric Administration (NOAA), is to allow for the full utilization of the Administrator for Fisheries, NOAA Commerce. (AA), finds good cause to waive the commercial quota allocated to the Loligo ACTION: Temporary rule; closure. squid directed fishery. requirement to provide prior notice and SUMMARY: NMFS is prohibiting directed opportunity for public comment DATES: Effective April 27, 2006 through fishing for species that comprise the pursuant to the authority set forth at 5 June 30, 2006. deep-water species fishery by vessels U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public FOR FURTHER INFORMATION CONTACT: Don using trawl gear in the Gulf of Alaska Frei, Fishery Management Specialist, (GOA). This action is necessary because interest. This requirement is 978-281-9221, fax 978–281–9135. the second seasonal apportionment of impracticable and contrary to the public the 2006 Pacific halibut bycatch interest as it would prevent NMFS from SUPPLEMENTARY INFORMATION: Section allowance specified for the deep-water responding to the most recent fisheries 648.22 of part 50 CFR requires NMFS to species fishery in the GOA has been data in a timely fashion and would close the directed Loligo squid fishery in reached. delay the closure of the deep-water the EEZ in Quarters I, II and III when species fishery by vessels using trawl 80 percent of the quarterly quota has DATES: Effective 1200 hrs, Alaska local gear in the GOA. NMFS was unable to been harvested. The Administrator, time (A.l.t.), April 27, 2006, through publish a notice providing time for Northeast Region, NMFS, based on 1200 hrs, A.l.t., July 1, 2006. public comment because the most dealer reports and other available FOR FURTHER INFORMATION CONTACT: Josh recent, relevant data only became information, determined that 80 percent Keaton, 907–586–7228. available as of April 26, 2006. of the Quarter II quota for Loligo squid SUPPLEMENTARY INFORMATION: NMFS The AA also finds good cause to would be harvested by April 21, 2006 manages the groundfish fishery in the waive the 30-day delay in the effective (71 FR 20900, April 24, 2006). GOA exclusive economic zone date of this action under 5 U.S.C. Therefore, effective 0001 hours, April according to the Fishery Management 553(d)(3). This finding is based upon 21, 2006, the directed fishery for Loligo Plan for Groundfish of the Gulf of the reasons provided above for waiver of squid was closed. However, analysis of Alaska (FMP) prepared by the North prior notice and opportunity for public more recent data indicated that the Pacific Fishery Management Council comment. closure threshold level of Loligo harvest under authority of the Magnuson- This action is required by § 679.21 had not been attained. Therefore, NMFS Stevens Fishery Conservation and and is exempt from review under announces that the directed Loligo Management Act. Regulations governing Executive Order 12866. squid fishery will reopen on April 27, fishing by U.S. vessels in accordance Authority: 16 U.S.C. 1801 et seq. 2006. Vessels issued a Federal with the FMP appear at subpart H of 50 moratorium permit to harvest Loligo CFR part 600 and 50 CFR part 679. Dated: April 26, 2006. squid in excess of the incidental catch The second seasonal apportionment James P. Burgess, allowance may continue fishing for, of the 2006 Pacific halibut bycatch Acting Director, Office of Sustainable retaining and landing Loligo squid in allowance specified for the deep-water Fisheries, National Marine Fisheries Service. excess of the incidental catch upon species fishery in the GOA is 300 metric [FR Doc. 06–4118 Filed 4–27–06; 12:50 pm] reopening. tons as established by the 2006 and BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 71, No. 84

Tuesday, May 2, 2006

This section of the FEDERAL REGISTER can also be submitted via the Federal version of the Standardized NUHOMS contains notices to the public of the proposed eRulemaking Portal http:// System described in existing CoC 1004, issuance of rules and regulations. The www.regulations.gov. and its addition to the list of approved purpose of these notices is to give interested Hand deliver comments to: 11555 spent fuel storage casks is expected to persons an opportunity to participate in the Rockville Pike, Rockville, Maryland be noncontroversial. Adequate rule making prior to the adoption of the final rules. 20852, between 7:30 a.m. and 4:15 p.m. protection of public health and safety Federal workdays [telephone (301) 415– continues to be ensured. The direct final 1966]. rule will become effective on July 17, NUCLEAR REGULATORY Fax comments to: Secretary, U.S. 2006. However, if the NRC receives COMMISSION Nuclear Regulatory Commission at (301) significant adverse comments by June 1, 415–1101. 2006, then the NRC will publish a 10 CFR Part 72 Publicly available documents related document that withdraws the direct to this rulemaking may be viewed RIN 3150–AH93 final rule and will subsequently address electronically on the public computers the comments received in a final rule. List of Approved Spent Fuel Storage at the NRC’s Public Document Room The NRC will not initiate a second Casks: NUHOMS HD Addition (PDR), O–1F21, One White Flint North, comment period on this action. 11555 Rockville Pike, Rockville, A significant adverse comment is a AGENCY: Nuclear Regulatory Maryland. Selected documents, comment where the commenter Commission. including comments, can be viewed and explains why the rule would be ACTION: Proposed rule. downloaded electronically via the NRC inappropriate, including challenges to rulemaking Web site at http:// the rule’s underlying premise or SUMMARY: The Nuclear Regulatory ruleforum.llnl.gov. approach, or would be ineffective or Commission (NRC) is proposing to Publicly available documents created unacceptable without a change. A amend its regulations to add the  or received at the NRC after November comment is adverse and significant if: NUHOMS HD cask system to the list 1, 1999, are available electronically at (1) The comment opposes the rule and of approved spent fuel storage casks. the NRC’s Electronic Reading Room at provides a reason sufficient to require a This proposed rule would allow the http://www.nrc.gov/NRC/ADAMS/ substantive response in a notice-and- holders of power reactor operating index.html. From this site, the public comment process. For example, in a licenses to store spent fuel in this can gain entry into the NRC’s substantive response: approved cask system under a general Agencywide Document Access and (a) The comment causes the NRC staff license. Management System (ADAMS), which to reevaluate (or reconsider) its position DATES: Comments on the proposed rule provides text and image files of NRC’s or conduct additional analysis; must be received on or before June 1, public documents. If you do not have (b) The comment raises an issue 2006. access to ADAMS or if there are serious enough to warrant a substantive ADDRESSES: You may submit comments problems in accessing the documents response to clarify or complete the by any one of the following methods. located in ADAMS, contact the NRC record; or Please include the following number PDR Reference staff at 1–800–397–4209, (c) The comment raises a relevant (RIN 3150–AH93) in the subject line of 301–415–4737, or by e-mail to issue that was not previously addressed your comments. Comments on [email protected]. An electronic copy of the or considered by the NRC staff. rulemakings submitted in writing or in proposed Certificate of Compliance (2) The comment proposes a change electronic form will be made available (CoC), TS, and preliminary safety or an addition to the rule, and it is for public inspection. Because your evaluation report (SER) can be found apparent that the rule would be comment will not be edited to remove under ADAMS Accession Nos. ineffective or unacceptable without any identifying or contact information, ML052860036, ML052860043, and incorporation of the change or addition. the NRC cautions you against including ML052860049, respectively. (3) The comment causes the NRC staff personal information such as social FOR FURTHER INFORMATION CONTACT: to make a change (other than editorial) security numbers and birth dates in Jayne M. McCausland, Office of Nuclear to the CoC or TS. your submission. Material Safety and Safeguards, U.S. List of Subjects in 10 CFR Part 72 Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone Administrative practice and Washington, DC 20555–0001, ATTN: (301) 415–6219, e-mail [email protected]. procedure, Criminal penalties, Rulemakings and Adjudications Staff. SUPPLEMENTARY INFORMATION: For Manpower training programs, Nuclear E-mail comments to: [email protected]. If additional information see the direct materials, Occupational safety and you do not receive a reply e-mail final rule published in the final rules health, Penalties, Radiation protection, confirming that we have received your section of this Federal Register. Reporting and recordkeeping comments, contact us directly at (301) requirements, Security measures, Spent 415–1966. You may also submit Procedural Background fuel, Whistleblowing. comments via the NRC’s rulemaking This proposed rule is limited to the For the reasons set out in the Web site at http://ruleforum.llnl.gov. conditions contained in CoC No. 1030. preamble and under the authority of the Address questions about our rulemaking The NRC is using the ‘‘direct final rule Atomic Energy Act of 1954, as amended; Web site to Carol Gallagher (301) 415– procedure’’ to issue this addition the Energy Reorganization Act of 1974, 5905; e-mail [email protected]. Comments because it represents an improved as amended; and 5 U.S.C. 553; the NRC

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is proposing to adopt the following Dated at Rockville, Maryland, this 13th day and follow the instructions for sending amendments to 10 CFR part 72. of April, 2006. your comments electronically; For the Nuclear Regulatory Commission. • Mail: Docket Management Facility; PART 72—LICENSING William F. Kane, U.S. Department of Transportation, 400 REQUIREMENTS FOR THE Acting Executive Director for Operations. Seventh Street, SW., Nassif Building, INDEPENDENT STORAGE OF SPENT [FR Doc. 06–4116 Filed 5–1–06; 8:45 am] Room PL–401, Washington, DC 20590; NUCLEAR FUEL, HIGH-LEVEL • BILLING CODE 7590–01–P Fax: 202–493–2251; or RADIOACTIVE WASTE, AND • Hand Delivery: Room PL–401 on REACTOR-RELATED GREATER THAN the plaza level of the Nassif Building, CLASS C WASTE 400 Seventh Street, SW., Washington, DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 72 is DC, between 9 a.m. and 5 p.m., Monday revised to read as follows: Federal Aviation Administration through Friday, except Federal holidays. You may examine the comments to Authority: Secs. 51, 53, 57, 62, 63, 65, 69, this proposed AD in the AD docket on 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 14 CFR Part 39 929, 930, 932, 933, 934, 935, 948, 953, 954, the Internet at http://dms.dot.gov. 955, as amended, sec. 234, 83 Stat. 444, as [Docket No. FAA–2006–24587; Directorate FOR FURTHER INFORMATION CONTACT: amended (42 U.S.C. 2071, 2073, 2077, 2092, Identifier 2006–SW–05–AD] Terry Fahr, Aviation Safety Engineer, 2093, 2095, 2099, 2111, 2201, 2232, 2233, RIN 2120–AA64 Boston Aircraft Certification Office, 12 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. New England Executive Park, L. 86–373, 73 Stat. 688, as amended (42 Airworthiness Directives; Sikorsky Burlington, MA 01803, telephone (781) U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 Aircraft Corporation Model S–76A, B, 238–7155, fax (781) 238–7199. U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. and C Helicopters SUPPLEMENTARY INFORMATION: 10, 92 Stat. 2951 as amended by Pub. L. 102– AGENCY: 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. Federal Aviation Comments Invited 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 Administration, DOT. We invite you to submit any written (42 U.S.C. 4332); secs. 131, 132, 133, 135, ACTION: Notice of proposed rulemaking data, views, or arguments regarding this 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, (NPRM). proposed AD. Send your comments to 2232, 2241, sec. 148, Pub. L. 100–203, 101 the address listed under the caption Stat. 1330–235 (42 U.S.C. 10151, 10152, SUMMARY: This document proposes ADDRESSES. Include the docket number 10153, 10155, 10157, 10161, 10168); sec. adopting a new airworthiness directive ‘‘FAA–2006–24587, Directorate 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); (AD) for Sikorsky Aircraft Corporation Identifier 2006–SW–05–AD’’ at the sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 (Sikorsky) Model S–76A, B, and C (42 U.S.C. 2014, 2021, 2021b, 2111). beginning of your comments. We helicopters. The AD would require Section 72.44(g) also issued under secs. specifically invite comments on the inspecting all installed HR Textron 142(b) and 148(c), (d), Pub. L. 100–203, 101 overall regulatory, economic, main rotor servo actuators (servo Stat. 1330–232, 1330–236 (42 U.S.C. environmental, and energy aspects of actuators) for a high rate of leakage and 10162(b), 10168(c), (d)). Section 72.46 also the proposed AD. We will consider all issued under sec. 189, 68 Stat. 955 (42 U.S.C. also inspecting for contaminated comments received by the closing date 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 hydraulic fluid. The AD would also and may amend the proposed AD in (42 U.S.C. 10154). Section 72.96(d) also require reducing the time-in-service light of those comments. issued under sec. 145(g), Pub. L. 100–203, (TIS) interval for overhauling the servo 101 Stat. 1330–235 (42 U.S.C. 10165(g)). We will post all comments we actuators. This proposal is prompted by Subpart J also issued under secs. 2(2), 2(15), receive, without change, to http:// a National Transportation Safety Board 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. dms.dot.gov, including any personal (NTSB) Safety Recommendation written 2202, 2203, 2204, 2222, 2224 (42 U.S.C. information you provide. We will also in response to an accident involving a 10101, 10137(a), 10161(h)). Subparts K and L post a report summarizing each are also issued under sec. 133, 98 Stat. 2230 Model S–76 helicopter in which the substantive verbal contact with FAA (42 U.S.C. 10153) and sec. 218(a), 96 Stat. performance of an HR Textron servo personnel concerning this proposed 2252 (42 U.S.C. 10198). actuator was questioned as a result of rulemaking. Using the search function piston head seal leakage and piston 2. In § 72.214, Certificate of of our docket Web site, you can find and head plasma spray flaking. The actions Compliance 1030 is added to read as read the comments to any of our specified by the proposed AD are follows: dockets, including the name of the intended to detect a high rate of leaking individual who sent or signed the § 72.214 List of approved spent fuel from a servo actuator and contamination storage casks. comment. You may review the DOT’s of the hydraulic fluid, which could lead complete Privacy Act Statement in the * * * * * to degraded ability to maneuver the Federal Register published on April 11, Certificate Number: 1030. cyclic and collective controls and could 2000 (65 FR 19477–78) or you may visit Initial Certificate Effective Date: result in subsequent loss of control of http://dms.dot.gov. (insert effective date of final rule). the helicopter. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis DATES: Comments must be received on Examining the Docket Report for the NUHOMS HD or before July 3, 2006. You may examine the docket that Horizontal Modular Storage System for ADDRESSES: Use one of the following contains the proposed AD, any Irradiated Nuclear Fuel. addresses to submit comments on this comments, and other information in Docket Number: 72–1030. proposed AD: person at the Docket Management Certificate Expiration Date: [insert 20 • DOT Docket Web site: Go to System (DMS) Docket Office between 9 years from the effective date of the final http://dms.dot.gov and follow the a.m. and 5 p.m., Monday through rule]. instructions for sending your comments Friday, except Federal holidays. The  Model Number: NUHOMS HD– electronically; Docket Office (telephone 1–800–647– 32PTH. • Government-wide rulemaking Web 5227) is located at the plaza level of the * * * * * site: Go to http://www.regulations.gov Department of Transportation Nassif

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Building in Room PL–401 at 400 reducing the TIS interval for We are issuing this rulemaking under Seventh Street, SW., Washington, DC. overhauling the servo actuator from the authority described in subtitle VII, Comments will be available in the AD 3,000 to 2,000 hours TIS. part A, subpart III, section 44701, docket shortly after the DMS receives We estimate that this proposed AD ‘‘General requirements.’’ Under that them. would affect 300 helicopters of U.S. section, Congress charges the FAA with registry, and that Discussion promoting safe flight of civil aircraft in • Determining the servo actuator air commerce by prescribing regulations This document proposes adopting a leakage rate would take approximately 8 for practices, methods, and procedures new AD for Sikorsky Model S–76A, B, work hours, the Administrator finds necessary for and C helicopters with an HR Textron • Inspecting the hydraulic fluid for safety in air commerce. This regulation servo actuator, part number (P/N) contamination would take is within the scope of that authority 76650–09805, installed. The AD would approximately 3 work hours, because it addresses an unsafe condition require inspecting all installed HR • Replacing the servo actuator, if that is likely to exist or develop on Textron servo actuators for leakage that necessary, would take approximately 12 products identified in this rulemaking exceeds 700 cc per minute by installing work hours, and action. a test line in the servo actuator return • Flushing the hydraulic system, if port, and inspecting the hydraulic fluid necessary, would take approximately 6 List of Subjects in 14 CFR Part 39 for contamination using a patch test kit work hours per helicopter to accomplish Air transportation, Aircraft, Aviation or an independent laboratory analysis at an average labor rate of $80 per work safety, Safety. method. If leakage in excess of 700 cc hour. Required parts would cost per minute is detected in any servo approximately $13,000 per helicopter The Proposed Amendment actuator, the proposed AD would for a servo actuator. Based on these Accordingly, pursuant to the require replacing that servo actuator figures, the total cost impact of the authority delegated to me by the with an airworthy servo actuator. If the proposed AD on U.S. operators would Administrator, the Federal Aviation hydraulic fluid is found to be be $4,596,000 ($15,320 per helicopter), Administration proposes to amend part contaminated, the proposed AD would assuming one leakage inspection and 39 of the Federal Aviation Regulations require flushing the hydraulic system. one hydraulic fluid inspection on each (14 CFR part 39) as follows: The AD would also require reducing the helicopter, and replacing one servo TIS interval for overhauling an affected actuator and flushing the hydraulic PART 39—AIRWORTHINESS servo actuator from 3,000 to 2,000 hours system on each helicopter. DIRECTIVES TIS. This proposal is prompted by an NTSB Safety Recommendation written Regulatory Findings 1. The authority citation for part 39 in response to an accident involving a We have determined that this continues to read as follows: Model S–76 helicopter in which the proposed AD would not have federalism Authority: 49 U.S.C. 106(g), 40113, 44701. performance of an HR Textron servo implications under Executive Order actuator was questioned as a result of 13132. Additionally, this proposed AD § 39.13 [Amended] piston head seal leakage and piston would not have a substantial direct 2. Section 39.13 is amended by head plasma spray flaking. The actions effect on the States, on the relationship adding a new airworthiness directive to specified by the proposed AD are between the national Government and read as follows: intended to detect a high rate of leaking the States, or on the distribution of Sikorsky Aircraft Corporation: Docket No. from a servo actuator and contamination power and responsibilities among the of the hydraulic fluid, which could lead FAA–2006–24587; Directorate Identifier various levels of government. 2006–SW–05–AD. to degraded ability to maneuver the For the reasons discussed above, I cyclic and collective controls and could Applicability: Model S–76A, B, and C certify that the proposed regulation: helicopters, with HR Textron main rotor result in subsequent loss of control of 1. Is not a ‘‘significant regulatory servo actuator (servo actuator), part number the helicopter. action’’ under Executive Order 12866; (P/N) 76650–09805, installed, certificated in This unsafe condition is likely to exist 2. Is not a ‘‘significant rule’’ under the any category. or develop on other helicopters of the DOT Regulatory Policies and Procedures Compliance: Required as indicated, unless same type design. Therefore, the (44 FR 11034, February 26, 1979); and accomplished previously. proposed AD would require, within 25 3. Will not have a significant To detect leaking in a servo actuator and hours TIS and thereafter at intervals not economic impact, positive or negative, contamination of the hydraulic fluid, which to exceed 600 hours TIS, determining on a substantial number of small entities could lead to degraded ability to maneuver the leakage rate for the three servo under the criteria of the Regulatory the cyclic and collective controls and could result in subsequent loss of control of the actuators by installing a test line in each Flexibility Act. servo actuator return port and turning helicopter, accomplish the following: We prepared a draft economic (a) Within 25 hours time-in-service (TIS), on the hydraulic power. If the leakage evaluation of the estimated costs to and thereafter at intervals not to exceed 600 rate exceeds 700 cc per minute in any comply with this proposed AD. See the hours TIS: servo actuator, the proposed AD would DMS to examine the draft economic (1) Determine the leakage rate of each of require replacing that servo actuator evaluation. the three servo actuators by installing a test with an airworthy servo actuator before line in each servo actuator return port and further flight. The proposed AD would Authority for This Rulemaking turning on the hydraulic power. also require inspecting the hydraulic Title 49 of the United States Code (2) If the leakage rate exceeds 700 cc per fluid for contamination using a patch specifies the FAA’s authority to issue minute in a servo actuator, before further test kit or an independent laboratory rules on aviation safety. Subtitle I, flight, remove that servo actuator and replace it with an airworthy servo actuator. analysis method. If the hydraulic fluid section 106, describes the authority of (3) Inspect the hydraulic fluid for is found to be contaminated, the the FAA Administrator. Subtitle VII, contamination using either a patch test kit or proposed AD would require flushing the Aviation Programs, describes in more an independent laboratory analysis method. hydraulic system before further flight. detail the scope of the Agency’s (4) If contamination is found, before further The proposed AD would also require authority. flight, flush the hydraulic system and refill

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the system with uncontaminated hydraulic this AD to prevent the crew seats from and may amend the proposed AD in fluid. folding forward during emergency light of those comments. (b) On or before reaching 2,000 hours TIS landing dynamic loads with consequent We will post all comments we since the last overhaul, and thereafter at occupant injury. receive, without change, to http:// intervals not to exceed 2,000 hours TIS, dms.dot.gov, including any personal overhaul each servo actuator, P/N part DATES: We must receive comments on number 76650–09805, or replace it with an this proposed AD by June 15, 2006. information you provide. We will also post a report summarizing each airworthy servo actuator. ADDRESSES: Use one of the following substantive verbal contact we receive (c) This AD revises the Airworthiness addresses to comment on this proposed concerning this proposed AD. Limitations and Inspection Requirements AD: manual by reducing the overhaul interval for • the servo actuator, P/N 76650–09805, from DOT Docket Web site: Go to http:// Discussion 3,000 hours TIS to 2,000 hours TIS. dms.dot.gov and follow the instructions CDC performed dynamic seat testing (d) To request a different method of for sending your comments on Models SR20 and SR22 airplanes. compliance or a different compliance time electronically. • CDC found that, under emergency for this AD, follow the procedures in 14 CFR Government-wide rulemaking Web landing dynamic loads, the crew seats 39.19. Contact the FAA, ATTN: Terry Fahr, site: Go to http://www.regulations.gov may fold forward at less than the 26 g Aviation Safety Engineer, Boston Aircraft and follow the instructions for sending Certification Office, 12 New England required by 14 CFR 23.562(b)(2). This your comments electronically. condition, if not corrected, could result Executive Park, Burlington, MA 01803, • Mail: Docket Management Facility; telephone (781) 238–7155, fax (781) 238– in the crew seats folding forward during 7199, for information about previously U.S. Department of Transportation, 400 emergency landing dynamic loads with approved alternative methods of compliance. Seventh Street, SW., Nassif Building, consequent occupant injury. Room PL–401, Washington, DC 20590– Issued in Fort Worth, Texas, on April 21, This condition caused us to issue AD 0001. 2005–17–19, Amendment 39–14240 (70 2006. • Fax: (202) 493–2251. FR 51999, September 1, 2005). AD Mark R. Schilling, • Hand Delivery: Room PL–401 on Acting Manager, Rotorcraft Directorate, 2005–17–19 currently requires the the plaza level of the Nassif Building, following on CDC Models SR20 and Aircraft Certification Service. 400 Seventh Street, SW., Washington, [FR Doc. E6–6586 Filed 5–1–06; 8:45 am] SR22 airplanes: DC, between 9 a.m. and 5 p.m., Monday • Measuring and adjusting the crew BILLING CODE 4910–13–P through Friday, except Federal holidays. seat break-over bolts; and For service information identified in • Replacing the crew seat recline this proposed AD, contact Cirrus Design DEPARTMENT OF TRANSPORTATION locks on both crew seats. Corporation, 4515 Taylor Circle, Duluth, Since AD 2005–17–19, CDC Federal Aviation Administration Minnesota 55811; telephone: (218) 727– performed more dynamic seat testing on 2737; Internet address: http:// Models SR20 and SR22 airplanes and 14 CFR Part 39 www.cirrusdesign.com. found that the crew seats may still fold FOR FURTHER INFORMATION CONTACT ONE forward at less than the 26 g required by [Docket No. FAA–2006–24254; Directorate 14 CFR 23.562(b)(2). CDC developed Identifier 2006–CE–24–AD] OF THE FOLLOWING: • Wess Rouse, Small Airplane Project new crew seat break-over pins to replace RIN 2120–AA64 Manager, ACE–117C, Chicago Aircraft the crew seat break-over bolts. Certification Office, 2300 East Devon Relevant Service Information Airworthiness Directives; Cirrus Avenue, Room 107, Des Plaines, Illinois Design Corporation Models SR20 and 60018; telephone: (847) 294–8113; We have reviewed CDC Service SR22 Airplanes facsimile: (847) 294–7834; e-mail: Bulletins SB 2X–25–06 R4, Issued August 13, 2004, Revised May 5, 2005; AGENCY: Federal Aviation [email protected]; or • Angie Kostopoulos, Composite and SB 2X–25–17 R1, Issued December Administration (FAA), Department of 15, 2005, Revised January 20, 2006. Transportation (DOT). Technical Specialist, ACE–116C, Chicago Aircraft Certification Office, The service information describes ACTION: Notice of proposed rulemaking 2300 East Devon Avenue, Room 107, procedures for: • Replacing the crew seat break-over (NPRM). Des Plaines, Illinois 60018; telephone: bolts with the new crew seat break-over (847) 294–7426; facsimile: (847) 294– SUMMARY: We propose to supersede pins; 7834; e-mail: Airworthiness Directive (AD) 2005–17– • Inspecting crew seats; [email protected]. 19, which applies to certain Cirrus • Determining number of bolts used Design Corporation (CDC) Models SR20 SUPPLEMENTARY INFORMATION: to secure recline locks to the seat frame; and SR22 airplanes. AD 2005–17–19 • Comments Invited Performing recline lock currently requires you to measure and replacement; and adjust the crew seat break-over bolts and We invite you to send any written • Checking the crew seat break-over to replace the crew seat recline locks on relevant data, views, or arguments pin alignment. both crew seats. Since we issued AD regarding this proposed AD. Send your 2005–17–19, CDC developed new crew comments to an address listed under the FAA’s Determination and Requirements seat break-over pins to replace the old ADDRESSES section. Include the docket of the Proposed AD crew seat break-over bolts. number, ‘‘FAA–2006–24254; Directorate We are proposing this AD because we Consequently, this proposed AD would Identifier 2006–CE–24–AD’’ at the evaluated all information and retain the action from AD 2005–17–19 beginning of your comments. We determined the unsafe condition of replacing the crew seat recline locks specifically invite comments on the described previously is likely to exist or on both seats and would add the action overall regulatory, economic, develop on other products of the same of replacing the crew seat break-over environmental, and energy aspects of type design. This proposed AD would bolts with the new crew seat break-over the proposed AD. We will consider all supersede AD 2005–17–19 with a new pins on both seats. We are proposing comments received by the closing date AD that would retain the action of

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replacing the crew seat recline locks on information described previously to Costs of Compliance both crew seats and would add the perform these actions. We estimate that this proposed AD action of replacing the crew seat break- would affect 2,230 airplanes in the U.S. over bolts with the new crew seat break- registry. over pins on both seats. This proposed We estimate the following costs to do AD would require you to use the service the proposed replacements:

Total cost Labor cost Model number and serial number Parts Total cost on U.S. cost per airplane operators

Replacement of the recline locks: 1 workhour × Model SR20, serial numbers S/N 1148 through $83 $163 $41,565 $80 per hour = $80. 1152 and 1206 through 1455. Replacement of the recline locks: 1 workhour × Model SR20, S/N 1005 through 1147 and 1153 165 245 48,020 $80 per hour = $80. through 1205. Replacement of the recline locks: 1 workhour × Model SR22, S/N 0002 through 1044 ...... 89 169 176,267 $80 per hour = $80. Replacement of the crew seat break-over pins: 1 Model SR20, S/N 1005 through 1600 and Model 33 113 262,273 workhour × $80 per hour = $80. SR22, S/N 0002 through 1727.

Note: CDC may provide warranty credit for 2. Is not a ‘‘significant rule’’ under the § 39.13 [Amended] service bulletins SB 2X–25–17 R1, Issued: DOT Regulatory Policies and Procedures 2. The FAA amends § 39.13 by December 15, 2005; Revised: January 20, (44 FR 11034, February 26, 1979); and removing Airworthiness Directive (AD) 2006; and SB 2X–25–06 R4, Issued: August 3. Will not have a significant 13, 2004; Revised: May 5, 2005. economic impact, positive or negative, 2005–17–19, Amendment 39–14240, and adding the following new AD: Authority for This Rulemaking on a substantial number of small entities under the criteria of the Regulatory Cirrus Design Corporation: Docket No. FAA– Title 49 of the United States Code Flexibility Act. 2006–24254; Directorate Identifier 2006– specifies the FAA’s authority to issue We prepared a regulatory evaluation CE–24–AD; Supersedes AD 2005–17–19; rules on aviation safety. Subtitle I, of the estimated costs to comply with Amendment 39–14240. section 106, describes the authority of this proposed AD and placed it in the Comments Due Date the FAA Administrator. Subtitle VII, AD docket. Aviation Programs, describes in more (a) We must receive comments on this detail the scope of the Agency’s Examining the AD Docket airworthiness directive (AD) action by June authority. Where can I go to view the docket 15, 2006. We are issuing this rulemaking under information? You may examine the AD Affected ADs the authority described in subtitle VII, docket that contains the proposed AD, Part A, subpart III, section 44701, the regulatory evaluation, any (b) This AD supersedes AD 2005–17–19, ‘‘General requirements.’’ Under that comments received, and other Amendment 39–14240. section, Congress charges the FAA with information on the Internet at http:// Unsafe Condition promoting safe flight of civil aircraft in dms.dot.gov; or in person at the Docket (c) This AD affects the following airplane air commerce by prescribing regulations Management Facility between 9 a.m. for practices, methods, and procedures models and serial numbers that are and 5 p.m., Monday through Friday, certificated in any category: the Administrator finds necessary for except Federal holidays. The Docket safety in air commerce. This regulation Office (telephone (800) 647–5227) is Model Serial Nos. is within the scope of that authority located at the street address stated in the because it addresses an unsafe condition ADDRESSES section. Comments will be (1) SR20 ...... 1005 through 1600. that is likely to exist or develop on available in the AD docket shortly after (2) SR22 ...... 0002 through 1727. products identified in this rulemaking receipt. action. List of Subjects in 14 CFR Part 39 Unsafe Condition Regulatory Findings Air transportation, Aircraft, Aviation (d) This AD results from discovering that We have determined that this safety, Safety. the crew seats, under emergency landing proposed AD would not have federalism dynamic loads, may fold forward at less than implications under Executive Order The Proposed Amendment the 26 g required by the regulations, 14 Code 13132. This proposed AD would not Accordingly, under the authority of Federal Regulations (CFR) 23.562(b)(2). We have a substantial direct effect on the delegated to me by the Administrator, are issuing this AD to prevent the crew seats States, on the relationship between the the FAA proposes to amend 14 CFR part from folding forward during emergency national Government and the States, or 39 as follows: landing with dynamic loads with consequent on the distribution of power and occupant injury. responsibilities among the various PART 39—AIRWORTHINESS Compliance levels of government. DIRECTIVES For the reasons discussed above, I (e) To address this problem, you must do certify that the proposed regulation: 1. The authority citation for part 39 the following: 1. Is not a ‘‘significant regulatory continues to read as follows: action’’ under Executive Order 12866; Authority: 49 U.S.C. 106(g), 40113, 44701.

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Actions Compliance Procedures

(1) For Model SR20, serial numbers (S/Ns) Within 50 hours time-in-service (TIS) or within Follow Cirrus Design Corporation Service Bul- 1005 through 1600, and Model SR22, S/Ns 180 days, whichever occurs first, after the letin SB 2X–25–17 R1, Issued: December 0002 through 1727, do the following actions: effective date of this AD. 15, 2005; Revised: January 20, 2006. (i) At the lower back of the crew seat, re- lease the reclosable fasteners to expose the lower seat frame. (ii) Replace the crew seat break-over bolt with the new crew seat break-over pin, part number 17063–002. (iii) Recover the seat frame, refastening the reclosable fasteners. (iv) Inspect the crew seat. (v) Repeat the above actions for the oppo- site crew seat.

(2) For Models SR20, S/Ns 1005 through Within 50 hours TIS or within 180 days, Follow Cirrus Design Corporation Service Bul- 1455, and SR22, S/Ns 0002 through 1044, whichever occurs first after October 13, letin SB 2X–25–06 R4, Issued: August 13, do the following actions: 2005 (the effective date of AD 2005–17– 2004; Revised: May 5, 2005. (i) Identify whether the recline lock is se- 19), unless already accomplished. cured with two bolts or three bolts. (ii) If the recline locks are secured with two bolts, remove the existing recline locks and replace with the new recline locks kit, Kit Number 70084–001. (iii) If the recline locks are secured with three bolts, remove existing recline locks and replace with the new recline locks kit, Kit Number 70084–002. (iv) Check break-over pin alignment and adjust as necessary. (v) Check that the locks engage with the break-over bolts with the seat in the full recline position. If full seat recline is not possible or difficult to engage, grinding of the lower aft seat frame is necessary. (vi) Repeat the above actions for the op- posite crew seat.

Alternative Methods of Compliance Issued in Kansas City, Missouri, on April helicopters. This proposal would (AMOCs) 25, 2006. require replacing certain fixed bolts and (f) The Manager, Chicago Aircraft Kim Smith, nuts, reidentifying certain main rotor Certification Office, FAA, ATTN: Wess Manager, Small Airplane Directorate, Aircraft nuts, and revising the Airworthiness Rouse, Small Airplane Project Manager, Certification Service. Limitations—Time Change Items (TCI) ACE–117C, Chicago Aircraft Certification [FR Doc. E6–6590 Filed 5–1–06; 8:45 am] list to reflect the new life limits and new Office, 2300 East Devon Avenue, Room 107, BILLING CODE 4910–13–P part numbers. This proposal is Des Plaines, Illinois 60018; telephone: (847) 294–8113; facsimile: (847) 294–7834; e-mail: prompted by a re-evaluation of certain [email protected]; or Angie Kostopoulos, fatigue-critical parts, which resulted in Composite Technical Specialist, ACE–116C, DEPARTMENT OF TRANSPORTATION establishing new life limits for certain Chicago Aircraft Certification Office, 2300 like-numbered parts and reidentifying a East Devon Avenue, Room 107, Des Plaines, Federal Aviation Administration certain existing part with a different part Illinois 60018; telephone: (847) 294–7426; number, or in some cases, replacing facsimile: (847) 294–7834; e-mail: 14 CFR Part 39 them with new parts. The actions [email protected], have the specified by this proposed AD are authority to approve AMOCs for this AD, if [Docket No. FAA–2006–24632; Directorate requested using the procedures found in 14 Identifier 2005–SW–31–AD] intended to prevent fatigue failure of the fixed bolts and nuts, and subsequent CFR 39.19. RIN 2120–AA64 loss of control of the helicopter. Related Information Airworthiness Directives; Eurocopter DATES: Comments must be received on (g) To get copies of the documents Canada Limited Model BO 105 LS referenced in this AD, contact Cirrus Design or before July 3, 2006. A–3 Helicopters Corporation, 4515 Taylor Circle, Duluth, ADDRESSES: Use one of the following Minnesota 55811; telephone: (218) 727–2737; AGENCY: Federal Aviation addresses to submit comments on this Internet address: http:// Administration, DOT. www.cirrusdesign.com. To view the AD proposed AD: docket, go to the Docket Management ACTION: Notice of proposed rulemaking • DOT Docket Web site: Go to http:// Facility; U.S. Department of Transportation, (NPRM). dms.dot.gov and follow the instructions 400 Seventh Street, SW., Nassif Building, SUMMARY: This document proposes for sending your comments Room PL–401, Washington, DC, or on the electronically; Internet at http://dms.dot.gov. The docket adopting a new airworthiness directive number is Docket No. FAA–2006–24254; (AD) for Eurocopter Canada Limited • Government-wide rulemaking Web Directorate Identifier 2006–CE–24–AD. (Eurocopter) Model BO 105 LS A–3 site: Go to http://www.regulations.gov

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and follow the instructions for sending System (DMS) Docket Office between 9 required to be accomplished by your comments electronically; a.m. and 5 p.m., Monday through following specified portions of the alert • Mail: Docket Management Facility; Friday, except Federal holidays. The service bulletin described previously. U.S. Department of Transportation, 400 Docket Office (telephone 1–800–647– We estimate that this proposed AD Seventh Street, SW., Nassif Building, 5227) is located at the plaza level of the would affect 7 helicopters of U.S. Room PL–401, Washington, DC 20590; Department of Transportation Nassif registry and the proposed actions would • Fax: 202–493–2251; or Building in Room PL–401 at 400 take approximately: • Hand Delivery: Room PL–401 on Seventh Street, SW., Washington, DC. • 1 work hour per helicopter to the plaza level of the Nassif Building, Comments will be available in the AD remove and replace 4 fixed bolts; 400 Seventh Street, SW., Washington, docket shortly after the DMS receives • 16 work hours per helicopter to DC, between 9 a.m. and 5 p.m., Monday them. remove, replace, and reidentify four nuts; and through Friday, except Federal holidays. Discussion You may get the service information • 1 work hour per helicopter to create identified in this proposed AD from Transport Canada, the airworthiness component history cards at an average American Eurocopter Corporation, 2701 authority for Canada, notified the FAA labor rate of $65 per work hour. Forum Drive, Grand Prairie, Texas that an unsafe condition may exist on Required parts would cost 75053–4005, telephone (972) 641–3460, Eurocopter Model BO 105 LS A–3 approximately $3.80 for each fixed bolt, fax (972) 641–3527. helicopters. Transport Canada advises P/N 105–101021.17, and $882.67 for You may examine the comments to that changes to the TCI list must be each nut, P/N 105–142241.01. Based on this proposed AD in the AD docket on incorporated, and affected parts must be these figures, we estimate the total cost the Internet at http://dms.dot.gov. replaced and reidentified in accordance impact of the proposed AD on U.S. with the manufacturer’s service FOR FURTHER INFORMATION CONTACT: operators to be $33,011, assuming all information. Sharon Miles, Aviation Safety Engineer, nuts and bolts on the entire fleet are Eurocopter has issued Alert Service replaced. FAA, Rotorcraft Directorate, Regulations Bulletin No. ASB BO 105 LS 10–11, and Guidance Group, Fort Worth, Texas dated May 11, 2005, which specifies Regulatory Findings 76193–0111, telephone (817) 222–5122, changes to and introduction of life We have determined that this fax (817) 222–5961. limits, and reidentification of certain proposed AD would not have federalism SUPPLEMENTARY INFORMATION: life-limited parts. Transport Canada implications under Executive Order Comments Invited classified this alert service bulletin as 13132. Additionally, this proposed AD mandatory and issued AD No. CF– would not have a substantial direct We invite you to submit any written 2005–17, dated June 6, 2005, to ensure effect on the States, on the relationship data, views, or arguments regarding this the continued airworthiness of these between the national Government and proposed AD. Send your comments to helicopters in Canada. the States, or on the distribution of the address listed under the caption This helicopter model is power and responsibilities among the ADDRESSES. Include the docket number manufactured in Canada and is type various levels of government. ‘‘FAA–2006–24632, Directorate certificated for operation in the United For the reasons discussed above, I Identifier 2005–SW–31–AD’’ at the States under the provisions of 14 CFR certify that the proposed regulation: beginning of your comments. We 21.29 and the applicable bilateral 1. Is not a ‘‘significant regulatory specifically invite comments on the agreement. Pursuant to the applicable action’’ under Executive Order 12866; overall regulatory, economic, bilateral agreement, Transport Canada 2. Is not a ‘‘significant rule’’ under the environmental, and energy aspects of has kept us informed of the situation DOT Regulatory Policies and Procedures the proposed AD. We will consider all described above. We have examined the (44 FR 11034, February 26, 1979); and comments received by the closing date findings of the Transport Canada, 3. Will not have a significant and may amend the proposed AD in reviewed all available information, and economic impact, positive or negative, light of those comments. determined that AD action is necessary on a substantial number of small entities We will post all comments we for products of this type design that are under the criteria of the Regulatory receive, without change, to http:// certificated for operation in the United Flexibility Act. dms.dot.gov, including any personal States. We prepared a draft economic information you provide. We will also This previously described unsafe evaluation of the estimated costs to post a report summarizing each condition is likely to exist or develop on comply with this proposed AD. See the substantive verbal contact with FAA other helicopters of the same type DMS to examine the draft economic personnel concerning this proposed design registered in the United States. evaluation. rulemaking. Using the search function Therefore, the proposed AD would of our docket Web site, you can find and require, within 30 days, incorporating Authority for This Rulemaking read the comments to any of our revised life limits and part numbers into Title 49 of the United States Code dockets, including the name of the the list of life-limited parts, or TCI list, specifies the FAA’s authority to issue individual who sent or signed the which is contained in the helicopter rules on aviation safety. Subtitle I, comment. You may review the DOT’s delivery file, and within 150 hours time- section 106, describes the authority of complete Privacy Act Statement in the in-service (TIS), replacing 4 fixed bolts, the FAA Administrator. Subtitle VII, Federal Register published on April 11, part number (P/N) LN 9038 K08018, Aviation Programs, describes in more 2000 (65 FR 19477–78), or you may visit with fixed bolts, P/N 105–101021.17. It detail the scope of the Agency’s http://dms.dot.gov. would also require replacing 4 main authority. rotor nuts, P/N 105–142241.01, within We are issuing this rulemaking under Examining the Docket 30 days if they have less than 150 hours the authority described in subtitle VII, You may examine the docket that TIS remaining, or reidentifying those part A, subpart III, section 44701, contains the proposed AD, any main rotor nuts within 150 hours TIS if ‘‘General requirements.’’ Under that comments, and other information in they have 150 or more hours TIS section, Congress charges the FAA with person at the Docket Management remaining. The actions would be promoting safe flight of civil aircraft in

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air commerce by prescribing regulations Administrator, the Federal Aviation Eurocopter Canada Limited: Docket No. for practices, methods, and procedures Administration proposes to amend part FAA–2006–24632; Directorate Identifier the Administrator finds necessary for 39 of the Federal Aviation Regulations 2005–SW–31–AD. safety in air commerce. This regulation (14 CFR part 39) as follows: Applicability: Model BO 105 LS A–3 is within the scope of that authority helicopters, certificated in any category. because it addresses an unsafe condition PART 39—AIRWORTHINESS Compliance: Required as indicated, unless accomplished previously. that is likely to exist or develop on DIRECTIVES To prevent fatigue failure of a fixed bolt products identified in this rulemaking and main rotor nut, and subsequent loss of action. 1. The authority citation for part 39 control of the helicopter, accomplish the continues to read as follows: List of Subjects in 14 CFR Part 39 following: Authority: 49 U.S.C. 106(g), 40113, 44701. (a) Within 30 days: Air transportation, Aircraft, Aviation (1) Modify the Airworthiness Limitation section, Time Change Items (TCI) list, or table safety, Safety. § 39.13 [Amended] of life-limited components, with their revised The Proposed Amendment 2. Section 39.13 is amended by life limits by adding part number (P/N) 105– adding a new airworthiness directive to 142241.01 and by changing P/N LN 9038 Accordingly, pursuant to the read as follows: K08018 to P/N 105–101021.17, as shown in authority delegated to me by the the following table.

Part name P/N Life limit

Fixed Bolt (Bolt) ...... 105–101021.17 (Formerly P/N LN 9038– 6,000 hours time-in-service (TIS). K08018). Main Rotor Nut (Nut) ...... 105–142241.01 ...... 122,850 flights or 18,900 hours TIS, which- ever occurs first. The number of flights equals the number of landings (i.e., ground contacts).

(2) Create a historical or equivalent record Note: The subject of this AD is addressed time intervals for inspecting the MGB for each of the parts listed in the preceding in Transport Canada (Canada) AD No. CF– base plate. This action would also table. 2005–17, dated June 6, 2005. include minor editorial changes (3) Review the aircraft records and Issued in Fort Worth, Texas, on April 24, throughout the AD. This proposal is determine the TIS and landings on each nut, 2006. prompted by crack growth tests that P/N 105–142241.01. If the number of flights Mark R. Schilling, indicate that the inspection intervals (i.e., landings) is unknown, the initial life can be increased without affecting limit is 18,900 hours TIS. Thereafter, record Acting Manager, Rotorcraft Directorate, safety. The actions specified by the the number of flights for use when Aircraft Certification Service. determining the retirement life. [FR Doc. E6–6589 Filed 5–1–06; 8:45 am] proposed AD are intended to detect a crack in an MGB base plate and prevent (b) Before further flight, replace any nut BILLING CODE 4910–13–P that has less than 150 hours TIS remaining failure of one of the MGB attachment before reaching its life limit. Unless points to the frame, which could result accomplished previously, prior to replacing a DEPARTMENT OF TRANSPORTATION in severe vibration and subsequent loss nut, reidentify the nut in accordance with of control of the helicopter. paragraph (c)(2) of this AD. Federal Aviation Administration DATES: Comments must be received by (c) Within 150 hours TIS: July 3, 2006. (1) Replace the 4 bolts, P/N LN 9038 14 CFR Part 39 ADDRESSES: Use one of the following K08018, with bolts, P/N 105–101021.17, as shown in Figure 1 of Eurocopter Alert [Docket No. FAA–2004–18850; Directorate addresses to submit comments on this Service Bulletin No. ASB BO 105 LS 10–11, Identifier 2004–SW–19–AD] proposed AD: • DOT Docket Web site: Go to http:// dated May 11, 2005 (ASB). RIN 2120–AA64 (2) For those nuts with 150 or more hours dms.dot.gov and follow the instructions TIS remaining on their life, remove and Airworthiness Directives; Eurocopter for sending your comments reidentify those nuts, P/N 105–142241.01, by electronically; France Model AS–365N2, AS 365 N3, • adding the serial number of the main rotor EC 155B, EC155B1, SA–365N, N1, and Government-wide rulemaking Web head, followed by a dash and a consecutive SA–366G1 Helicopters site: Go to http://www.regulations.gov number, in accordance with the procedures and follow the instructions for sending stated in Figure 2 of the ASB. AGENCY: Federal Aviation your comments electronically; (d) Before further flight, remove any life- Administration, DOT. • Mail: Docket Management Facility; limited part on which the life limit has been ACTION: Notice of proposed rulemaking U.S. Department of Transportation, 400 equaled or exceeded. (NPRM). Seventh Street, SW., Nassif Building, (e) To request a different method of Room PL–401, Washington, DC 20590; compliance or a different compliance time SUMMARY: This document proposes to • Fax: 202–493–2251; or for this AD, follow the procedures in 14 CFR revise an existing airworthiness • Hand Delivery: Room PL–401 on 39.19. Contact the Manager, Regulations and Policy Group, Rotorcraft Directorate, FAA, directive (AD) for Eurocopter France the plaza level of the Nassif Building, ATTN: Sharon Miles, Aviation Safety (Eurocopter) Model AS–365N2, AS 365 400 Seventh Street, SW., Washington, Engineer, FAA, Rotorcraft Directorate, N3, EC 155B, EC155B1, SA–365N, N1, DC, between 9 a.m. and 5 p.m., Monday Regulations and Guidance Group, Fort and SA–366G1 helicopters. That AD through Friday, except Federal holidays. Worth, Texas 76193–0111, telephone (817) currently requires inspecting the main You may get the service information 222–5122, fax (817) 222–5961, for gearbox (MGB) base plate for a crack identified in this proposed AD from information about previously approved and replacing the MGB if a crack is American Eurocopter Corporation, 2701 alternative methods of compliance. found. This action would increase the Forum Drive, Grand Prairie, Texas

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75053–4005, telephone (972) 641–3460, in the MGB base plate, part number (P/ In time, the growth of the crack may fax (972) 641–3527. N) 366A32–1062–03 or P/N 366A32– lead to the loss of the transfer of rotor You may examine the comments to 1062–06, close to the attachment hole torque to the rotorcraft structure. this proposed AD in the AD docket on using a 10x or higher magnifying glass. Eurocopter has issued Alert Service the Internet at http://dms.dot.gov. Stripping paint from the inspection area Bulletin (ASB) No. 05.00.45 for Model FOR FURTHER INFORMATION CONTACT: Ed is also required, but only before the AS365 N, N1, N2, and N3 helicopters; Cuevas, Aviation Safety Engineer, FAA, initial inspection. That action was ASB No. 05.29 for Model SA366 G1 Rotorcraft Directorate, Safety prompted by the discovery of a crack in helicopters; and ASB No. 05A005 for Management Group, Fort Worth, Texas the MGB base plate of an MGB installed Model EC155 B and B1 helicopters. All 76193–0111, telephone (817) 222–5355, in a Model AS–365 N2 helicopter. The of the ASBs are dated November 8, 2004 fax (817) 222–5961. crack was located very close to the and supersede previously issued SUPPLEMENTARY INFORMATION: attachment points of one of the Eurocopter Alert Telex No. 05.00.45, laminated pads, and it propagated to the No. 05.29, and No. 05A005, all dated Comments Invited inside of the MGB base plate and then February 5, 2004. The ASBs specify the We invite you to submit any written continued into the MGB casing. That same actions as the alert telexes— data, views, or arguments regarding this condition, if not detected, could result visually inspecting the MGB base plate proposed AD. Send your comments to in failure of one of the MGB attachment for the absence of cracks, using a 10x the address listed under the caption points to the frame, which could result magnifying glass to facilitate the crack ADDRESSES. Include the docket number in severe vibration and subsequent loss inspection, and, if in doubt about the ‘‘FAA–2004–18850, Directorate of control of the helicopter. existence of a crack, inspecting for a Identifier 2004–SW–19–AD’’ at the When we issued AD 2004–16–15, the crack using a dye-penetrant crack beginning of your comments. We cause of crack in the MGB base plate detection inspection. However, for the specifically invite comments on the was still under investigation; therefore, Eurocopter Model AS365 N, N1, N2, N3, overall regulatory, economic, we considered the previously issued AD and SA366 G1 helicopters, the 15-flying environmental, and energy aspects of to be interim action until the cause of hour check for the MGB base plate that the proposed AD. We will consider all the crack could be determined. The is specified in the alert telexes is comments received by the closing date cause of the crack is still under replaced with check intervals not to and may amend the proposed AD in investigation. However, since issuing exceed 55 flying hours. For the EC155 light of those comments. AD 2004–16–15, crack growth tests have B and B1 helicopters, the check after the We will post all comments we shown that the inspection intervals can last flight of each day and without receive, without change, to http:// be increased without affecting safety. exceeding a 9-flying hour check interval dms.dot.gov, including any personal We made this determination after is replaced with check intervals not to information you provide. We will also Eurocopter conducted crack growth exceed 15 flying hours. post a report summarizing each testing in laboratory bench tests. A The DGAC classified ASB Nos. substantive verbal contact with FAA cracked base plate was loaded with an 05.00.45, 05.29, and 05A005 as personnel concerning this proposed alternating torque to simulate flight mandatory and issued AD No. F–2004– rulemaking. Using the search function loading and cycles. Crack propagation 023 R1, dated November 24, 2004, to of our docket Web site, you can find and speed was measured and assessed over ensure the continued airworthiness of read the comments to any of our a longer duration than the initial these helicopters in France. dockets, including the name of the inspection interval and this resulted in These helicopter models are individual who sent or signed the extending the inspection intervals. The manufactured in France and are type comment. You may review the DOT’s first inspection interval was determined certificated for operation in the United complete Privacy Act Statement in the using crack striations, which was a States under the provisions of 14 CFR Federal Register published on April 11, quick and conservative method used to 21.29 and the applicable bilateral 2000 (65 FR 19477–78) or you may visit ensure airworthiness and allow for agreement. Pursuant to the applicable http://dms.dot.gov. timely issuance of service information bilateral agreement, the DGAC has kept by the manufacturer. Based on this the FAA informed of the situation Examining the Docket additional information, we are described above. We have examined the You may examine the docket that proposing to increase the time intervals findings of the DGAC, reviewed all contains the proposed AD, any between each required inspection, available information, and determined comments, and other information in however, the actions specified by this that AD action is necessary for products person at the Docket Management proposed AD are still considered to be of these type designs that are System (DMS) Docket Office between 9 interim. We are also proposing to certificated for operation in the United a.m. and 5 p.m., Monday through include minor editorial changes in the States. Friday, except Federal holidays. The AD. This previously described unsafe Docket Office (telephone 1–800–647– The Direction Ge´ne´rale de L’Aviation condition is likely to exist or develop on 5227) is located at the plaza level of the Civile (DGAC), the airworthiness other helicopters of the same type Department of Transportation NASSIF authority for France, notified the FAA designs. Therefore, the proposed AD Building in Room PL–401 at 400 that an unsafe condition may exist on would revise AD 2004–16–15 to require Seventh Street, SW., Washington, DC. Eurocopter Model SA 365N, N1, SA 366 initial and repetitive inspections of the Comments will be available in the AD G1, AS 365 N2, N3, EC 155 B, and B1 MGB base plate for cracking at various docket shortly after the DMS receives helicopters, all serial numbers. The short time intervals. The time intervals them. DGAC advises that a crack was detected for doing the inspections would be in the MGB base plate of an AS 365 N2 increased from what is required in the Discussion helicopter. The crack was detected in existing AD and are dependant on the On August 4, 2004, we issued AD the MGB base plate web, very close to helicopter model and the number of 2004–16–15, Amendment 39–13771 (69 the attachment of one of the laminated cycles on the MGB and whether the FR 51358, August 19, 2004), to require pads, and runs to the inside of the MGB MGB has ever been overhauled or visually inspecting the MGB for a crack base plate and then on the MGB casing. repaired.

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We estimate that this proposed AD 1. Is not a ‘‘significant regulatory List of Subjects in 14 CFR Part 39 would affect 142 helicopters of U.S. action’’ under Executive Order 12866; registry. The initial inspection would 2. Is not a ‘‘significant rule’’ under the Air transportation, Aircraft, Aviation take about 0.5 work hour and each DOT Regulatory Policies and Procedures safety, Safety. recurring inspection would take about (44 FR 11034, February 26, 1979); and The Proposed Amendment 0.25 work hour. Replacing the MGB, if 3. Will not have a significant necessary, would take about 4 work economic impact, positive or negative, Accordingly, pursuant to the hours. The average labor rate would be on a substantial number of small entities authority delegated to me by the $65 per work hour. It would cost under the criteria of the Regulatory Administrator, the Federal Aviation approximately $25,000 to repair a Flexibility Act. Administration proposes to amend part cracked MGB base plate. Based on these We prepared a draft economic 39 of the Federal Aviation Regulations figures, the total estimated cost impact evaluation of the estimated costs to (14 CFR part 39) as follows: of the AD on U.S. operators would be comply with this proposed AD. See the PART 39—AIRWORTHINESS $56,249, assuming that each of the 135 DMS to examine the draft economic DIRECTIVES Model AS 365 and SA 366 helicopters evaluation. are inspected 11 times (the initial inspection plus 10 recurring Authority for This Rulemaking 1. The authority citation for part 39 inspections) and each of the 7 Model EC continues to read as follows: Title 49 of the United States Code 155 helicopters are inspected 40 times specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. (the initial inspection plus 39 recurring rules on aviation safety. Subtitle I, inspections), and one cracked MGB base § 39.13 [Amended] section 106, describes the authority of plate is found requiring the repair and the FAA Administrator. Subtitle VII, replacement of one MGB. This estimate 2. Section 39.13 is amended by Aviation Programs, describes in more also assumes that a replacement MGB removing Amendment 39–13771 (69 FR detail the scope of the Agency’s would not need to be purchased while 51358, August 19, 2004), and by adding authority. a previously-installed MGB is being a new airworthiness directive (AD), to repaired. We are issuing this rulemaking under read as follows: the authority described in subtitle VII, Eurocopter France: Docket No. FAA–2004– Regulatory Findings part A, subpart III, section 44701, 18850; Directorate Identifier 2004–SW– We have determined that this ‘‘General requirements.’’ Under that 19–AD. Revises AD 2004–16–15, proposed AD would not have federalism section, Congress charges the FAA with Amendment 39–13771. implications under Executive Order promoting safe flight of civil aircraft in Applicability: Model AS–365N2, AS 365 13132. Additionally, this proposed AD air commerce by prescribing regulations N3, EC 155B, EC155B1, SA–365N, N1, and would not have a substantial direct for practices, methods, and procedures SA–366G1 helicopters with a main gearbox effect on the States, on the relationship the Administrator finds necessary for (MGB) base plate, part number (P/N) between the national Government and safety in air commerce. This regulation 366A32–1062–03 or P/N 366A32–1062–06, the States, or on the distribution of is within the scope of that authority installed, certificated in any category. power and responsibilities among the because it addresses an unsafe condition Compliance: Required as indicated in the various levels of government. that is likely to exist or develop on following compliance table and before For the reasons discussed above, I products identified in this rulemaking installing a replacement main gearbox certify that the proposed regulation: action. (MGB).

COMPLIANCE TABLE

For model . . . If . . . Or if . . . Or if . . .

(1) SA–365N, N1 and An MGB is installed that has less An MGB is installed that has 9,900 An MGB is installed that is over- SA–366G1 helicopters. than 9,900 cycles and has never or more cycles and has never hauled or repaired, before further been overhauled or repaired, on or been overhauled or repaired, be- flight, unless accomplished pre- before accumulating 9,900 cycles, fore further flight, unless accom- viously, and thereafter, at intervals unless accomplished previously, plished previously, and thereafter, not to exceed 55 hours TIS. and thereafter, at intervals not to at intervals not to exceed 55 hours exceed 55 hours time-in-service TIS. (TIS). (2) AS–365N2 and AS An MGB is installed that has less An MGB is installed that has 7,300 An MGB is installed that has been 365 N3 helicopters. than 7,300 cycles and has never or more cycles and has never overhauled or repaired, before fur- been overhauled or repaired, on or been overhauled or repaired, be- ther flight, and thereafter, at inter- before accumulating 7,300 cycles, fore further flight, and thereafter, at vals not to exceed 55 hours TIS. unless accomplished previously, intervals not to exceed 55 hours and thereafter, at intervals not to TIS. exceed 55 hours TIS. (3) EC 155 B and An MGB base plate is installed that An MGB base plate is installed that EC155B1 helicopters. has less than 2,600 cycles, no has 2,600 or more cycles, unless later than 2,600 cycles, unless ac- accomplished previously, before complished previously, and there- further flight, and thereafter, at in- after, at intervals not to exceed 15 tervals not to exceed 15 hours TIS. hours TIS. One cycle equates to one helicopter landing in which a landing gear touches the ground.

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To detect a crack in the MGB base plate control of the helicopter, accomplish the strip the paint from area ‘‘D’’ on both sides and prevent failure of a MGB attachment following: (‘‘B’’ and ‘‘C’’) of the MGB base plate as point to the frame, which could result in (a) Before the initial inspection at the time depicted in Figure 1 of this AD. severe vibration and subsequent loss of indicated in the compliance table of this AD, BILLING CODE 4910–13–P

BILLING CODE 4910–13–C

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(b) At the times indicated in the the FAA. This proposed AD results from dms.dot.gov, including any personal compliance table, inspect area ‘‘D’’ of the reports of cracked engine mounts. We information you provide. We will also MGB base plate for a crack using a 10x or are proposing this AD to detect and post a report summarizing each higher magnifying glass. Area ‘‘D’’ to be correct cracks in the engine mount, substantive verbal contact we receive inspected is depicted in Figure 1 of this AD. which could result in failure of the concerning this proposed AD. Note 1: Eurocopter France Alert Service engine mount. Such failure could lead Bulletin (ASB) No. 05.00.45 for Model AS365 Discussion N, N1, N2, and N3 helicopters, ASB No. to separation of the engine from the 05.29 for Model SA366 G1 helicopters, and airplane. We received two reports from Air ASB No. 05A005 for Model EC155 B and B1 DATES: We must receive comments on Tractor, Inc. of cracked engine mounts helicopters, pertain to the subject of this AD. this proposed AD by June 27, 2006. resulting from fatigue. One report was All three ASBs are dated November 8, 2004. ADDRESSES: Use one of the following for a Model AT–602 airplane. The (c) If a crack is found in a MGB base plate, addresses to comment on this proposed specific airplane model with the other remove and replace the MGB with an AD: crack is unverified. This AD applies to airworthy MGB before further flight. • Air Tractor, Inc. Models AT–602, AT– (d) To request a different method of DOT Docket Web site: Go to http:// compliance or a different compliance time dms.dot.gov and follow the instructions 802, and AT–802A airplanes due to for this AD, follow the procedures in 14 CFR for sending your comments design similarity. 39.19. Contact the Manager, Safety electronically. A cracked engine mount, if not • Management Group, Rotorcraft Directorate, Government-wide rulemaking Web detected and corrected, could result in FAA, ATTN: Ed Cuevas, Fort Worth, Texas site: Go to http://www.regulations.gov failure of the engine mount. Such failure 76193–0111, telephone (817) 222–5355, fax and follow the instructions for sending could lead to separation of the engine (817) 222–5961, for information about your comments electronically. from the airplane. previously approved alternative methods of • Mail: Docket Management Facility; compliance. U.S. Department of Transportation, 400 Relevant Service Information Note 2: The subject of this AD is addressed Seventh Street, SW., Nassif Building, in Direction Ge´ne´rale de L’Aviation Civile Room PL–401, Washington, DC 20590– We have reviewed Snow Engineering (France) AD F–2004–023 R1, dated 0001. Co. Service Letter #253, dated December November 24, 2004. • Fax: (202) 493–2251. 12, 2005. Issued in Fort Worth, Texas, on April 21, • Hand Delivery: Room PL–401 on The service information describes 2006. the plaza level of the Nassif Building, procedures for performing a visual Mark R. Schilling, 400 Seventh Street, SW., Washington, inspection for cracks of the engine Acting Manager, Rotorcraft Directorate, DC, between 9 a.m. and 5 p.m., Monday mount and requesting a repair scheme Aircraft Certification Service. through Friday, except Federal holidays. from the manufacturer. [FR Doc. 06–4107 Filed 5–1–06; 8:45 am] For service information identified in Snow Engineering Co. has a licensing this proposed AD, contact Air Tractor, BILLING CODE 4910–13–P agreement with Air Tractor, Inc. that Inc., P.O. Box 485, Olney, Texas 76374; allows them to produce technical data telephone: (940) 564–5616; facsimile: to use for Air Tractor, Inc. products. DEPARTMENT OF TRANSPORTATION (940) 564–5612. FOR FURTHER INFORMATION CONTACT: FAA’s Determination and Requirements Federal Aviation Administration Andrew McAnaul, Aerospace Engineer, of the Proposed AD ASW–150 (c/o MIDO–43), 10100 We are proposing this AD because we 14 CFR Part 39 Reunion Place, Suite 650, San Antonio, evaluated all information and [Docket No. FAA–2006–24228; Directorate Texas 78216; telephone: (210) 308– determined the unsafe condition Identifier 2006–CE–22–AD] 3365; facsimile: (210) 308–3370. described previously is likely to exist or SUPPLEMENTARY INFORMATION: RIN 2120–AA64 develop on other products of the same Comments Invited type design. This proposed AD would require you to repetitively inspect the Airworthiness Directives; Air Tractor, We invite you to send any written engine mount for any cracks, repair or Inc. Models AT–602, AT–802, and AT– relevant data, views, or arguments replace any cracked engine mount, and 802A Airplanes regarding this proposed AD. Send your report any cracks found to the FAA. To comments to an address listed under the AGENCY: Federal Aviation repair a cracked engine mount, you ADDRESSES section. Include the docket Administration (FAA), Department of would obtain an FAA-approved repair number, ‘‘FAA–2006–24228; Directorate Transportation (DOT). scheme from Air Tractor, Inc. following Identifier 2006–CE–22–AD’’ at the ACTION: Notice of proposed rulemaking the instructions in the service beginning of your comments. We (NPRM). information. specifically invite comments on the SUMMARY: We propose to adopt a new overall regulatory, economic, Costs of Compliance airworthiness directive (AD) for all Air environmental, and energy aspects of Tractor, Inc. Models AT–602, AT–802, the proposed AD. We will consider all We estimate that this proposed AD and AT–802A airplanes. This proposed comments received by the closing date would affect 368 airplanes in the U.S. AD would require you to repetitively and may amend the proposed AD in registry. inspect the engine mount for any cracks, light of those comments. We estimate the following costs to do repair or replace any cracked engine We will post all comments we the proposed inspection of the engine mount, and report any cracks found to receive, without change, to http:// mount for cracks:

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Total cost per Total cost on U.S. Labor cost Parts cost airplane per operators for initial inspection inspection

1.5 work hours × $80 per hour = $120 ...... Not Applicable ...... $120 368 × $120 = $44,160

We have no way of determining the have a substantial direct effect on the The Proposed Amendment number of airplanes that may need States, on the relationship between the Accordingly, under the authority repair/replacement of the engine mount national Government and the States, or delegated to me by the Administrator, as a result of the proposed inspection. on the distribution of power and the FAA proposes to amend 14 CFR part We have no way of determining the cost responsibilities among the various 39 as follows: of an engine mount repair. To replace levels of government. the engine mount would take 81 work For the reasons discussed above, I PART 39—AIRWORTHINESS hours at $80 per hour (estimated total certify that the proposed regulation: DIRECTIVES labor = $6,480), parts cost of $3,982, and 1. Is not a ‘‘significant regulatory a total replacement cost of $10,462 per action’’ under Executive Order 12866; 1. The authority citation for part 39 airplane. 2. Is not a ‘‘significant rule’’ under the continues to read as follows: Authority for This Rulemaking DOT Regulatory Policies and Procedures Authority: 49 U.S.C. 106(g), 40113, 44701. (44 FR 11034, February 26, 1979); and Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue 3. Will not have a significant rules on aviation safety. Subtitle I, economic impact, positive or negative, 2. The FAA amends § 39.13 by adding Section 106, describes the authority of on a substantial number of small entities the following new AD: the FAA Administrator. Subtitle VII, under the criteria of the Regulatory Air Tractor, Inc.: Docket No. FAA–2006– Aviation Programs, describes in more Flexibility Act. 24228; Directorate Identifier 2006–CE– detail the scope of the Agency’s We prepared a regulatory evaluation 22–AD. authority. of the estimated costs to comply with Comments Due Date We are issuing this rulemaking under this proposed AD and placed it in the AD docket. (a) We must receive comments on this the authority described in Subtitle VII, proposed airworthiness directive (AD) action Part A, Subpart III, Section 44701, Examining the AD Docket by June 27, 2006. ‘‘General requirements.’’ Under that section, Congress charges the FAA with You may examine the AD docket that Affected ADs promoting safe flight of civil aircraft in contains the proposed AD, the (b) None. air commerce by prescribing regulations regulatory evaluation, any comments Applicability for practices, methods, and procedures received, and other information on the Internet at http://dms.dot.gov; or in (c) This AD affects all Models AT–602, the Administrator finds necessary for AT–802, and AT–802A airplanes, all serial safety in air commerce. This regulation person at the Docket Management numbers, that are certificated in any category. is within the scope of that authority Facility between 9 a.m. and 5:00 p.m., because it addresses an unsafe condition Monday through Friday, except Federal Unsafe Condition that is likely to exist or develop on holidays. The Docket Office (telephone (d) This AD results from reports of cracked products identified in this rulemaking (800) 647–5227) is located at the street engine mounts. We are issuing this AD to action. address stated in the ADDRESSES section. detect and correct cracks in the engine Comments will be available in the AD mount, which could result in failure of the Regulatory Findings docket shortly after receipt. engine mount. Such failure could lead to separation of the engine from the airplane. We have determined that this List of Subjects in 14 CFR Part 39 proposed AD would not have federalism What Must I do to Address This Problem? implications under Executive Order Air transportation, Aircraft, Aviation (e) To address this problem, you must do 13132. This proposed AD would not safety, Safety. the following:

Actions Compliance Procedures

(1) Visually inspect the engine mount for any Initially inspect upon accumulating 4,000 Follow Snow Engineering Co. Service Letter cracks. hours time-in-service (TIS) or within the #253, dated December 12, 2005. next 100 hours TIS after the effective date of this AD, whichever occurs later, unless already done. Thereafter, repetitively in- spect every 300 hours TIS. (2) If you find any crack damage, do one of the Before further flight after any inspection re- For obtaining a repair scheme: Follow Snow following: quired by paragraph (e)(1) of this AD where Engineering Co. Service Letter #253, dated (i) Obtain an FAA-approved repair scheme crack damage is found. If you repair the December 12, 2005. For the replacement: from the manufacturer and incorporate cracked engine mount, then continue to re- The maintenance manual includes instruc- this repair scheme; or inspect at intervals not to exceed 300 hours tions for the replacement. (ii) Replace the engine mount with a new TIS, unless the repair scheme states dif- engine mount. ferently. If you replace the engine mount, then initially inspect upon accumulating 4,000 hours TIS and repetitively at intervals not to exceed 300 hours TIS.

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Actions Compliance Procedures

(3) Report any cracks that you find to the FAA Within the next 10 days after you find the The Office of Management and Budget (OMB) at the address specified in paragraph (f) of cracks or within the next 10 days after the approved the information collection require- this AD. Include in your report: effective date of this AD, whichever occurs ments contained in this regulation under the (i) Airplane serial number; later. provisions of the Paperwork Reduction Act (ii) Airplane and engine mount hours TIS; of 1980 (44 U.S.C. 3501 et seq.) and as- (iii) Crack location(s) and size(s); signed OMB Control Number 2120–0056. (iv) Corrective action taken; and (v) Point of contact name and telephone number

Alternative Methods of Compliance remain unchanged. This northern Background on Viticultural Areas (AMOCs) California viticultural area is totally TTB Authority (f) The Manager, Fort Worth Airplane within the Russian River Valley Certification Office, FAA, ATTN: Andrew viticultural area, the Sonoma Coast Section 105(e) of the Federal Alcohol McAnaul, Aerospace Engineer, ASW–150 viticultural area, and the multi-county Administration Act (the FAA Act, 27 (c/o MIDO–43), 10100 Reunion Place, Suite North Coast viticultural area. We U.S.C. 201 et seq.) requires that alcohol 650, San Antonio, Texas 78216; telephone: (210) 308–3365; facsimile: (210) 308–3370, designate viticultural areas to allow beverage labels provide consumers with has the authority to approve AMOCs for this vintners to better describe the origin of adequate information regarding a AD, if requested using the procedures found wines and to allow consumers to better product’s identity and prohibits the use in 14 CFR 39.19. identify the wines they may purchase. of misleading information on those We invite comments on this proposed labels. The FAA Act also authorizes the Related Information change to our regulations. Secretary of the Treasury to issue (g) To get copies of the documents regulations to carry out its provisions. referenced in this AD, contact Air Tractor DATES: We must receive written The Alcohol and Tobacco Tax and Inc., P.O. Box 485, Olney, Texas 76374; comments on or before July 3, 2006. telephone: (940) 564–5616; facsimile: (940) Trade Bureau (TTB) administers these 564–5612. To view the AD docket, go to the ADDRESSES: You may send comments to regulations. Docket Management Facility; U.S. any of the following addresses: Part 4 of the TTB regulations (27 CFR Department of Transportation, 400 Seventh • Director, Regulations and Rulings part 4) allows the establishment of Street, SW., Nassif Building, Room PL–401, Division, Alcohol and Tobacco Tax and distinct viticultural areas and the use of Washington, DC, or on the Internet at http:// their names as appellations of origin on dms.dot.gov. The docket number is Docket Trade Bureau, Attn: Notice No. 58, P.O. No. FAA–2006–24228; Directorate Identifier Box 14412, Washington, DC 20044– wine labels and in wine advertisements. 2006–CE–22–AD. 4412. Part 9 of the TTB regulations (27 CFR part 9) contains the list of approved • 202–927–8525 (facsimile). Issued in Kansas City, Missouri, on April viticultural areas. 26, 2006. • [email protected] (e-mail). John R. Colomy, Definition • http://www.ttb.gov/alcohol/rules/ Acting Manager, Small Airplane Directorate, index.htm. An online comment form is Aircraft Certification Service. Section 4.25(e)(1)(i) of the TTB posted with this notice on our Web site. regulations (27 CFR 4.25(e)(1)(i)) defines [FR Doc. E6–6584 Filed 5–1–06; 8:45 am] • a viticultural area for American wine as BILLING CODE 4910–13–P http://www.regulations.gov (Federal e-rulemaking portal; follow instructions a delimited grape-growing region for submitting comments). distinguishable by geographical features, the boundaries of which have DEPARTMENT OF THE TREASURY You may view copies of this notice, been recognized and defined in part 9 the petition, and any comments we of the regulations. These designations Alcohol and Tobacco Tax and Trade receive about this notice by allow vintners and consumers to Bureau appointment at the TTB Information attribute a given quality, reputation, or Resource Center, 1310 G Street, NW., other characteristic of a wine made from 27 CFR Part 9 Washington, DC 20220. To make an grapes grown in an area to its appointment, call 202–927–2400. You [Notice No. 58] geographical origin. The establishment may also access copies of the notice and of a viticultural area allows vintners to RIN: 1513–AB18 comments online at http://www.ttb.gov/ more accurately describe the origin of alcohol/rules/index.htm. their wines to consumers and helps Proposed Sonoma County Green See the Public Participation section of consumers to identify wines they may Valley Viticultural Area Name Change this notice for specific instructions and purchase. However, the establishment of (2005R–412P) requirements for submitting comments, a viticultural area is neither an approval AGENCY: Alcohol and Tobacco Tax and and for information on how to request nor an endorsement by TTB of the wine Trade Bureau, Treasury. a public hearing. produced in that area. ACTION: Notice of proposed rulemaking. FOR FURTHER INFORMATION CONTACT: N. Requirements A. Sutton, Regulations and Rulings SUMMARY: Section 4.25(e)(2) of the TTB The Alcohol and Tobacco Tax Division, Alcohol and Tobacco Tax and and Trade Bureau proposes to rename regulations outlines the procedure for Trade Bureau, 925 Lakeville St., No. the ‘‘Sonoma County Green Valley’’ proposing an American viticultural area 158, Petaluma, California 94952; viticultural area as the ‘‘Green Valley of and provides that any interested party telephone 415–271–1254. Russian River Valley’’ viticultural area. may petition TTB to establish a grape- The area’s size and boundaries would SUPPLEMENTARY INFORMATION: growing region as a viticultural area.

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Section 9.3(b) of the TTB regulations In approving the Sonoma County information for this viticultural area’s requires the petition to include— Green Valley viticultural area, ATF wines. • Evidence that the proposed specifically noted its 1982 approval of Name Evidence viticultural area is locally and/or the ‘‘Solano County Green Valley’’ nationally known by the name specified viticultural area (27 CFR 9.44) with the The petition provides evidence, in the petition; same condition—that the county name summarized below, to document that • Historical or current evidence that appear in conjunction with the the Sonoma County Green Valley supports setting the boundary of the viticultural area’s name to prevent viticultural area is known, and referred proposed viticultural area as the consumer confusion with other ‘‘Green’’ to, simply as ‘‘Green Valley.’’ Also, the petition specifies; valleys elsewhere in the United States. same evidence describes ‘‘Green Valley’’ • Evidence relating to the T.D. ATF–161 stated that since both as being a part of the larger Russian geographical features, such as climate, ‘‘Green Valley’’ viticultural areas are River Valley viticultural area. soils, elevation, and physical features, located in northern California, the inclusion of the county name modifiers The Savor Wine Country magazine that distinguish the proposed (winter 2003, page 78), published by the viticultural area from surrounding areas; in each viticultural area name helped to • avoid consumer confusion by Press Democrat newspaper of Sonoma A description of the specific County, California, included a feature boundary of the proposed viticultural distinguishing between the two viticultural areas. article on ‘‘Green Valley.’’ A map of the area, based on features found on United ‘‘Green Valley’’ area and the Russian States Geological Survey (USGS) maps; Green Valley of Russian River Valley River Valley area provided with the and Petition • article generally agrees with the A copy of the appropriate USGS The Winegrowers and Vintners of boundaries of both viticultural areas, map(s) with the proposed viticultural Sonoma County’s Green Valley, an including the (at that time) proposed area’s boundary prominently marked. association of local winegrowers and boundary expansion of that Russian A petition requesting the modification vintners based in Sebastopol, California, River Valley viticultural area. The of an established viticultural area must has petitioned TTB to change the name article states that ‘‘Green Valley’’ is a include the appropriate evidence of the ‘‘Sonoma County Green Valley’’ sub-appellation of the sprawling described above to support the viticultural area to ‘‘Green Valley of Russian River Valley viticultural area. It requested modification. Russian River Valley.’’ The group also describes the abundant sparkling Sonoma County Green Valley explains in its petition that the name wines, pinot noir grapes, and other Viticultural Area Background change is warranted because the agricultural products produced in the viticultural area is commonly referred to ‘‘Green Valley’’ area. The article TTB’s predecessor agency, the Bureau as ‘‘Green Valley,’’ without the Sonoma characterizes the viticultural area as a of Alcohol, Tobacco and Firearms County modifier, and because the Green diverse farming region with cool coastal (ATF), established the Sonoma County Valley area is considered by many to be breezes, which coincides with the Green Valley viticultural area (27 CFR a sub-appellation of the Russian River climatic conditions found in the 9.57) in a Treasury Decision (T.D. ATF– Valley viticultural area by virtue of its Russian River Valley viticultural area. 161), published in the Federal Register location and similar climate. A Los Angeles Times article of at 48 FR 52577 on November 21, 1983. TTB notes that the recently expanded January 14, 2004, titled ‘‘Out of the The 19,010-acre Sonoma County Green 126,600-acre Russian River Valley Mist, Pinots,’’ describes the Russian Valley viticultural area is located north viticultural area now encompasses the River Valley American viticultural area of San Francisco in southern Sonoma entire Sonoma County Green Valley and its ‘‘sub-regions’’ as having distinct County. (T.D. ATF–161 mistakenly viticultural area. (See T.D. TTB–32, wine personalities. The article states: stated the size of the Sonoma County published in the Federal Register at 70 ‘‘Russian River Valley AVA and the Green Valley viticultural area as 32,000 FR 53297 on September 8, 2005.) We Green Valley AVA are primarily acres.) The Sonoma County Green also note that the proposed name climate-based appellations.’’ While Valley viticultural area lies between the change does not affect the established expounding on the exceptional soils of towns of Sebastopol, Forestville, and boundaries of either viticultural area. Occidental within the western region of Three wineries located within the the Russian River Valley viticultural the Russian River Valley viticultural viticultural area at issue, according to area, the article also states: ‘‘The Green area (27 CFR 9.66), which lies entirely the petition, consistently claim the Valley AVA (a part of the Russian River within the Sonoma Coast viticultural ‘‘Sonoma County Green Valley’’ AVA) yields bright, bold Pinots with area (27 CFR 9.116) and the multi- appellation on their wine labels. Other crystalline fruit and piercing acidity.’’ county North Coast viticultural area (27 regional wineries use the Russian River A recent ‘‘Sonoma County Wine CFR 9.30). Valley viticultural area appellation on Country Guide,’’ published by the In 1982, the original petitioner sought their labels, the petition explains, but Sonoma County Wineries Association to use the name ‘‘Green Valley’’ for this include references to the Sonoma and included with the petition, viticultural area. However, while ATF County Green Valley viticultural area on describes the ‘‘Green Valley’’ area as a determined that the Green Valley name their wines’ back labels and in their small sub-appellation of the Russian was appropriate for the area, ATF promotional materials. River Valley viticultural area (see the required the addition of ‘‘Sonoma Changing the viticultural area name to Guide, page 24). The article also County’’ to the name, and thus ‘‘Green Valley of Russian River Valley,’’ describes the marine-influenced climate approved the name ‘‘Sonoma County the petition explains, will provide and the Goldridge series soils, which are Green Valley’’ as the viticultural area greater clarity regarding the viticultural conducive to growing fruit. Also, the name. ATF took this action to avoid area location and its association with publication contains an untitled map of consumer confusion since ‘‘Green the cool climate of the Russian River Sonoma County’s rural western expanse Valley’’ is a commonly used Valley. Thus, the petition states, that identifies the Sonoma County geographical place name in the United consumers will have more accurate and Green Valley viticultural area simply as States. descriptive geographical and climatic ‘‘Green Valley’’ (see the Guide, page 18).

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Linkage of Two Viticultural Area Names including at least 13 places in California area name as an appellation of origin. In addition, with the establishment of in 11 different counties. We believe the two year period should the Oak Knoll District of Napa Valley Consequently, wine bottlers using the provide such label holders with viticultural area (27 CFR 9.161), TTB entire descriptor, ‘‘Green Valley of adequate time to use up their old labels. Russian River Valley,’’ in a brand name, has approved the use of the name of one Public Participation viticultural area within the name of including a trademark, or in another another viticultural area in order to label reference as to the origin of the Comments Invited prevent consumer confusion. In that wine, will have to ensure that the We invite comments from interested case, a petitioner proposed to establish product is eligible to use the viticultural members of the public on the the Oak Knoll District viticultural area area’s name as an appellation of origin. appropriateness of changing the name of within the larger Napa Valley Accordingly, the proposed part 9 the established ‘‘Sonoma County Green regulatory text amendments set forth in viticultural area (27 CFR 9.23) in Napa Valley’’ viticultural area to ‘‘Green this document specify that the name County, California. In order to Valley of Russian River Valley’’ and the ‘‘Green Valley of Russian River Valley’’ distinguish the proposed Oak Knoll proposed two year transition period. We is a term of viticultural significance for District viticultural area from the are particularly interested in comments purposes of part 4 of the TTB established Oak Knoll Winery located in on any possible effects that the use of Oregon, TTB approved the addition of regulations. For a wine to be eligible to use as an this changed name would have on the the ‘‘Napa Valley’’ name to the area’s appellation of origin the name of a use of the established Russian River name, resulting in the establishment of viticultural area specified in part 9 of Valley and Solano County Green Valley the ‘‘Oak Knoll District of Napa Valley’’ the TTB regulations, at least 85 percent viticultural area names, including any viticultural area. (See T.D. TTB–9, of the grapes used to make the wine potential conflicts with existing brand published in the Federal Register at 69 must have been grown within the area names. FR 8562 on February 25, 2004.) represented by that name, and the wine TTB will consider only comments Likewise, by linking the name of the concerning the re-naming of the Sonoma Green Valley viticultural area and the must meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not County Green Valley viticultural area larger Russian River Valley viticultural and the transition period. The proposed area that surrounds it, the petitioners eligible to use the viticultural area name as an appellation of origin and that name change of Sonoma County Green seek to prevent consumer confusion Valley viticultural area does not affect between the two established ‘‘Green name appears in the brand name, then the label is not in compliance and the its boundaries or those of the Russian Valley’’ viticultural areas, as well as River Valley viticultural area. With each between the Green Valley in Sonoma bottler must change the brand name and obtain approval of a new label. comment submitted, please provide all County and other ‘‘Green’’ valleys in the Similarly, if the viticultural area name available specific information that United States. Therefore, TTB believes appears in another reference on the supports the position of the comment. that adoption of the proposed new label in a misleading manner, the bottler ‘‘Green Valley of Russian River Valley’’ Submitting Comments would have to obtain approval of a new name would be permissible so long as Please submit your comments by the label. Accordingly, if a new label or a it accurately reflects the geographical closing date shown above in this notice. previously approved label uses the location of the viticultural area and does Your comments must include this name ‘‘Green Valley of Russian River not otherwise create confusion for the notice number and your name and Valley’’ for a wine that does not meet consumer. mailing address. Your comments must the 85 percent standard, the new label be legible and written in language Impact on Current Wine Labels will not be approved, and the acceptable for public disclosure. We do previously approved label will be General not acknowledge receipt of comments, subject to revocation, upon the effective and we consider all comments as Part 4 of the TTB regulations prohibits date of this proposed name change. any label reference on a wine that Different rules apply if a wine has a originals. You may submit comments in indicates or implies an origin other than brand name containing a viticultural one of five ways: • Mail: You may send written the wine’s true place of origin. If we area name that was used as a brand comments to TTB at the address listed approve this proposed viticultural area name on a label approved before July 7, in the ADDRESSES section. name change, the new name, ‘‘Green 1986. See 27 CFR 4.39(i)(2) for details. • Valley of Russian River Valley,’’ will be Facsimile: You may submit recognized as a name of viticultural Transition Period comments by facsimile transmission to significance. If approved, this name If the proposed ‘‘Green Valley of 202–927–8525. Faxed comments must— Russian River Valley’’ name is adopted (1) Be on 8.5- by 11-inch paper; change will affect vintners who (2) Contain a legible, written as a final rule, holders of labels using appropriately use the original ‘‘Sonoma signature; and County Green Valley.’’ the current ‘‘Sonoma County Green (3) Be no more than five pages long. While ‘‘Russian River Valley’’ and Valley’’ name that were approved by the This limitation assures electronic access ‘‘Solano County Green Valley,’’ as effective date of the final regulation to our equipment. We will not accept viticultural area names, are also terms of changing the viticultural area name to faxed comments that exceed five pages. viticultural significance, we do not ‘‘Green Valley of Russian River Valley’’ • E-mail: You may e-mail comments believe it would be appropriate to treat will be permitted to continue using to [email protected]. Comments transmitted ‘‘Green Valley’’ standing alone as a term those approved labels for two years from by electronic mail must— of viticultural significance due to its the effective date of the final rule. At the (1) Contain your e-mail address; widespread use across the United States end of this two-year transition period, (2) Reference this notice number on as a geographic place name. For holders of ‘‘Sonoma County Green the subject line; and example, a recent search of the USGS Valley’’ wine labels must discontinue (3) Be legible when printed on 8.5- by Geographic Names Information System use of those labels and will need to 11-inch paper. (http://geonames.usgs.gov/) found 65 secure approval of new labels reflecting • Online form: We provide a entries for ‘‘Green Valley’’ in 23 States, the correct use of the new viticultural comment form with the online copy of

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this notice on our Web site at http:// Executive Order 12866 County Green Valley’’ as the appellation www.ttb.gov/alcohol/rules/index.htm. This proposed rule is not a significant of origin will be revoked by operation of Select the ‘‘Send comments via e-mail’’ regulatory action as defined by this regulation on [INSERT DATE 2 link under this notice number. Executive Order 12866, 58 FR 51735. YEARS AFTER EFFECTIVE DATE OF • Federal e-rulemaking portal: To Therefore, it requires no regulatory THE FINAL RULE]. submit comments to us via the Federal assessment. Signed: March 29, 2006. e-rulemaking portal, visit http:// John J. Manfreda, Drafting Information www.regulations.gov and follow the Administrator. instructions for submitting comments. N.A. Sutton of the Regulations and [FR Doc. E6–6538 Filed 4–28–06; 8:45 am] Rulings Division drafted this notice. You may also write to the BILLING CODE 4810–31–P Administrator before the comment List of Subjects in 27 CFR Part 9 closing date to ask for a public hearing. Wine. The Administrator reserves the right to DEPARTMENT OF HOMELAND determine whether to hold a public Proposed Regulatory Amendment SECURITY hearing. For the reasons discussed in the Coast Guard Confidentiality preamble, we propose to amend 27 CFR, chapter 1, part 9, as follows: 33 CFR Part 151 All submitted material is part of the public record and subject to disclosure. PART 9–AMERICAN VITICULTURAL [USCG–2006–24580] Do not enclose any material in your AREAS comments that you consider Ballast Water Treatment Technology 1. The authority citation for part 9 and Analysis Methods confidential or inappropriate for public continues to read as follows: disclosure. AGENCY: Coast Guard, DHS. Authority: 27 U.S.C. 205. Public Disclosure ACTION: Request for public comments. Subpart C—Approved American SUMMARY: You may view copies of this notice, Viticultural Areas The Coast Guard seeks public the petition, the appropriate maps, and assistance in gathering information any comments we receive by 2. Section 9.57 is amended by revising regarding the status of research and appointment at the TTB Information the section heading, paragraph (a), the development of ballast water Resource Center at 1310 G Street, NW., introductory text of paragraphs (b) and management systems and analytical Washington, DC 20220. You may also (c), and by adding a new paragraph (d), technologies/methods used in testing obtain copies at 20 cents per 8.5- x 11- to read as follows: ballast water management systems. The inch page. Contact our information Coast Guard may then provide this § 9.57 Green Valley of Russian River information to the 55th Session of the specialist at the above address or by Valley. telephone at 202–927–2400 to schedule International Maritime Organization’s (a) Name. The name of the viticultural (IMO) Marine Environment Protection an appointment or to request copies of area described in this section is ‘‘Green comments. Committee (MEPC 55) to inform the Valley of Russian River Valley.’’ For Committee during the review of the For your convenience, we will post purposes of part 4 of this chapter, status of the development of ballast this notice and any comments we ‘‘Green Valley of Russian River Valley’’ water management systems. Our receive on this proposal on the TTB is a term of viticultural significance. specific interest is in ballast water Web site. We may omit voluminous (b) Approved Maps. The appropriate management systems that have been attachments or material that we maps for determining the boundary of rigorously tested both in land-based test consider unsuitable for posting. In all the Green Valley of Russian River Valley platforms and on board ships. We are cases, the full comment will be available viticultural area are three United States also interested in technologies/methods in the TTB Information Resource Center. Geological Survey maps. They are titled: for rapid detection, enumeration, and To access the online copy of this notice * * * * * determination of organism viabilities in and the submitted comments, visit (c) Boundary. The Green Valley of ballast water. http://www.ttb.gov/alcohol/rules/ Russian River Valley viticultural area is DATES: Comments and related material index.htm. Select the ‘‘View located in Sonoma County, California. must reach the Docket Management Comments’’ link under this notice The beginning point is located in the Facility on or before Friday, June 23, number to view the posted comments. northeastern portion of the ‘‘Camp 2006. Meeker Quadrangle’’ map where the Regulatory Flexibility Act ADDRESSES: You may submit comments line separating section 31 from section identified by Coast Guard docket 32, in Township 8 North (T.8N.), Range We certify that this proposed number USCG–2006–24580 to the 9 West (R.9W.) intersects River Road. regulation, if adopted, would not have Docket Management Facility at the U.S. a significant economic impact on a * * * * * Department of Transportation. To avoid substantial number of small entities. (d) From December 21, 1983, until duplication, please use only one of the The proposed regulation imposes no [INSERT DATE ONE DAY BEFORE following methods: new reporting, recordkeeping, or other EFFECTIVE DATE OF THE FINAL (1) Web site: http://dms.dot.gov. administrative requirement. Any benefit RULE], the name of this viticultural area (2) Mail: Docket Management Facility, derived from the use of a viticultural was ‘‘Sonoma County Green Valley’’. U.S. Department of Transportation, 400 area name would be the result of a Effective [INSERT EFFECTIVE DATE Seventh Street, SW., Washington, DC proprietor’s efforts and consumer OF THE FINAL RULE], this viticulture 20590–0001. acceptance of wines from that area. area is named ‘‘Green Valley of Russian (3) Fax: 202–493–2251. Therefore, no regulatory flexibility River Valley’’. Existing certificates of (4) Delivery: Room PL–401 on the analysis is required. label approval showing ‘‘Sonoma Plaza level of the Nassif Building, 400

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Seventh Street, SW., Washington, DC, Transportation’s Privacy Act Statement (4) Cost of the technology/method, to between 9 a.m. and 5 p.m., Monday in the Federal Register published on include capital costs and maintenance/ through Friday, except Federal holidays. April 11, 2000 (65 FR 19477), or you annual costs (including personnel, The telephone number is 202–366– may visit http://dms.dot.gov. special training, and expendable 9329. Background and Purpose supplies). FOR FURTHER INFORMATION CONTACT: If The Coast Guard is interested in General Submission Information: you have questions on this notice, receiving information about the current Submissions for both treatment and contact LT Heather St. Pierre, status of the development of ballast testing technologies/methods must be Environmental Standards Division, U.S. water management systems. five pages or less (Times New Roman Coast Guard, via the ballast water Specifically, the Coast Guard requests font size 12, single spaced with a information line at 202–267–2716 or via comments to be submitted based on two minimum of one-inch margins) and e-mail at environmentalstandards@ categories: relate to the specific classifications of comdt.uscg.mil. If you have questions • Ballast water management systems organisms as expressed in the Ballast on viewing or submitting material to the that have been carefully tested at all Water Performance Standard docket, call Renee V. Wright, Program scales, including rigorous land-based (Regulation D–2) of the IMO’s Manager, Docket Operations, telephone testing and tests on board ships; and International Convention for the Control 202–493–0402. • Technologies/methods for rapid and Management of Ships’ Ballast Water SUPPLEMENTARY INFORMATION: detection, enumeration, and & Sediments. If deemed applicable and Request for Comments determination of organism viabilities in pertinent to the discussions of the ballast water. All comments received will be posted, meeting at IMO, the United States may Ballast Water Management System submit the documents on these without change, to http://dms.dot.gov Submissions: For those submissions technologies and methods to MEPC 55 and will include any personal pertaining to shipboard ballast water as information papers. These information you have provided. We management systems, specific areas information papers are documents have an agreement with the Department must be addressed for the submission to of Transportation (DOT) to use the be considered pertinent to the submitted to the Committee to make Docket Management Facility. Please see discussion during the Review: note of, and sample papers can be DOT’s ‘‘Privacy Act’’ paragraph below. (1) Types and sizes of ships, ballast requested via the e-mail address and Submitting comments: If you submit a capacities, flow rates, and the phone number listed under FOR FURTHER comment, please include your name and geographic region in which the testing INFORMATION CONTACT. The Coast Guard address, identify the docket number for occurred; appreciates any assistance and this notice (USCG–2006–24580) and (2) The availability of commercial information offered by the public; give the reason for each comment. You infrastructure and support, including however, providing this information to may submit your comments by sufficient manufacturing capacity to the Coast Guard does not guarantee the electronic means, mail, fax, or delivery meet initial requirements of the IMO’s information will be submitted to IMO. to the Docket Management Facility at Ballast Water Convention (At MEPC 53, the address under ADDRESSES; but Supporting information—including it was estimated that between 300 and relevant citations for reported results, please submit your comments by only 500 vessels may be subject to the not intended for wider dissemination— one means. If you submit them by mail Convention’s discharge requirement in may also be provided. Such material or delivery, submit them in an unbound 2009); 1 ″ ″ format, no larger than 8 ⁄2 by 11 , (3) Concise explanation of system need not comply with the formatting suitable for copying and electronic requirements, including space, power, and page limitations described above. filing. If you submit them by mail and consumables, maintenance and Any material considered proprietary or would like to know that they reached manning requirements; and commercially sensitive should be the Facility, please enclose a stamped, (4) Concise quantitative description of plainly marked as such. The Coast self-addressed postcard or envelope. We the technology’s ability to meet IMO’s Guard will retain all information will consider all comments received Ballast Water Performance Standard received, and may use the information during the comment period. (Regulation D–2) under shipboard for development and implementation of Viewing comments and documents: circumstances identified in (1) above, regulations and policies. To view comments, go to http:// including specific information about the Dated: April 27, 2006. dms.dot.gov at any time, click on ships on which the management system ‘‘Simple Search,’’ enter the last five meets this performance standard, and Howard L. Hime, digits of the docket number for this whether or not the IMO guidelines for Acting Director of Standards, Assistant rulemaking, and click on ‘‘Search.’’ You approval of ballast water management Commandant for Prevention, U.S. Coast may also visit the Docket Management systems were employed. Guard. Facility in room PL–401 on the Plaza Testing Technology/Methodology [FR Doc. E6–6628 Filed 5–1–06; 8:45 am] level of the Nassif Building, 400 Submissions: For those submissions BILLING CODE 4910–15–P Seventh Street, SW., Washington, DC, pertaining to testing ballast water, between 9 a.m. and 5 p.m., Monday submissions must address the following through Friday, except Federal holidays. areas: Privacy Act: Anyone can search the (1) Types of organisms to which the electronic form of all comments test technology or method applies; received into any of our dockets by the (2) The intended purpose of the name of the individual submitting the technology/method (detection, comment (or signing the comment, if enumeration, viability assessment, etc.); submitted on behalf of an association, (3) Explanation of how this business, labor union, etc.). You may technology/method will facilitate testing review the Department of of ballast water treatment systems; and

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ENVIRONMENTAL PROTECTION docket without change and may be I. What Action Is EPA Proposing AGENCY made available online at http:// Today? www.regulations.gov, including any The EPA is proposing to approve a 40 CFR Part 52 personal information provided, unless revision to the New York Ozone State [Docket No. EPA–R02–OAR–2006–0303; the comment includes information Implementation Plan (SIP). The SIP FRL–8164–3] claimed to be Confidential Business revision consists of amendments to New Information (CBI) or other information York’s Code of Rules and Regulations, Approval and Promulgation of whose disclosure is restricted by statute. Parts 214, ‘‘Byproduct Coke Oven Implementation Plans; New York Do not submit information that you Batteries,’’ and 216, ‘‘Iron and/or Steel Ozone State Implementation Plan consider to be CBI or otherwise Processes’’ and is intended to comply Revision protected through http:// with certain 1-hour ozone Clean Air Act AGENCY: Environmental Protection www.regulations.gov or e-mail. The Reasonably Available Control Agency (EPA). http://www.regulations.gov Web site is Technology (RACT) requirements. an ‘‘anonymous access’’ system, which ACTION: Proposed rule. II. What Are the Clean Air Act means EPA will not know your identity Requirements? SUMMARY: The EPA is proposing to or contact information unless you approve a revision to the New York provide it in the body of your comment. A. What are the volatile organic State Implementation Plan (SIP) related If you send an e-mail comment directly compound (VOC) Reasonably Available to the control of oxides of nitrogen to EPA without going through http:// Control Technology (RACT) (NOX) and volatile organic compounds www.regulations.gov your e-mail requirements? (VOC) from stationary sources. The SIP address will be automatically captured The Clean Air Act (Act) as amended revision consists of amendments to New and included as part of the comment in 1990 sets forth a number of York’s Code of Rules and Regulations that is placed in the public docket and requirements that states with areas Parts 214, ‘‘Byproduct Coke Oven made available on the Internet. If you designated as nonattainment for ozone Batteries,’’ and 216, ‘‘Iron and/or Steel submit an electronic comment, EPA must satisfy and a timetable for Processes.’’ The revision was submitted recommends that you include your satisfying these requirements. The to comply with the 1-hour ozone Clean name and other contact information in specific requirements vary depending Air Act reasonably available control the body of your comment and with any upon the severity of the ozone problem. technology requirements for major disk or CD–ROM you submit. If EPA One of the requirements, and the subject sources of VOC and NOX not covered by cannot read your comment due to of this proposed rulemaking, requires Control Techniques Guidelines. The technical difficulties and cannot contact states to adopt RACT rules for various intended effect of this action is to you for clarification, EPA may not be VOC source categories. EPA has defined propose approval of control strategies able to consider your comment. RACT as the lowest emission limitation which will result in emission reductions Electronic files should avoid the use of that a particular source is capable of that will help achieve attainment of the special characters, any form of meeting by the application of control national ambient air quality standard for encryption, and be free of any defects or technology that is reasonably available ozone. viruses. For additional information considering technological and economic DATES: Comments must be received on about EPA’s public docket visit the EPA feasibility (44 FR 53762; September 17, or before June 1, 2006. Docket Center homepage at http:// 1979). ADDRESSES: Submit your comments, www.epa.gov/epahome/dockets.htm. Section 182 of the Act sets forth two identified by Docket ID No. EPA–R02– separate RACT requirements for ozone OAR–2006–0303, by one of the FOR FURTHER INFORMATION CONTACT: Kirk nonattainment areas. The first following methods: J. Wieber, Air Programs Branch, requirement, contained in section • http://www.regulations.gov: Follow Environmental Protection Agency, 290 182(a)(2)(A) of the Act, and referred to the on-line instructions for submitting Broadway, 25th Floor, New York, New as RACT fix-up, requires the correction comments. York 10007–1866, (212) 637–3381. of RACT rules for which EPA identified • deficiencies before the Act was E-mail: [email protected]. SUPPLEMENTARY INFORMATION: • Fax: 212–637–3901. amended in 1990. The second • Mail: Raymond Werner, Chief, Air Table of Contents requirement, set forth in section Programs Branch, Environmental I. What Action is EPA Proposing Today? 182(b)(2) of the Act, applies to moderate Protection Agency, Region 2 Office, 290 II. What Are the Clean Air Act Requirements? (or worse) ozone nonattainment areas as Broadway, 25th Floor, New York, New A. What are the volatile organic compound well as to ozone transport regions. The York 10007–1866. (VOC) Reasonably Available Control goal of this latter requirement is to • Hand Delivery: Raymond Werner, Technology (RACT) requirements? ensure that areas not required Chief, Air Programs Branch, B. What are the oxides of nitrogen (NOX) previously to adopt RACT for some or Environmental Protection Agency, RACT requirements? all of the major stationary sources, adopt Region 2 Office, 290 Broadway, 25th III. What Did New York Include in its rules and ‘‘catch-up’’ to those areas Floor, New York, New York 10007– Submittals? subject to more stringent RACT 1866. Such deliveries are only accepted IV. What Are the Revisions to Part 214, ‘‘By- requirements. during the Regional Office’s normal Product Coke Oven Batteries’’ and Part EPA issued three sets of Control hours of operation. The Regional 216, ‘‘Iron and/or Steel Processes’’? Techniques Guideline (CTG) Office’s official hours of business are A. What is the definition of generic RACT documents, establishing a ‘‘presumptive Monday through Friday, 8:30 to 4:30 and do Parts 214 and 216 contain generic norm’’ for RACT for various categories excluding Federal holidays. RACT provisions? of VOC sources. The three sets of CTGs Instructions: Direct your comments to B. How has New York addressed case-by- were (1) Group I—issued before January Docket ID No. EPA–R02–OAR–2006– case RACT determinations? 1978 (15 CTGs); (2) Group II—issued in 0303. EPA’s policy is that all comments V. Conclusion 1978 (9 CTGs); and (3) Group III—issued received will be included in the public VI. Statutory and Executive Order Reviews in the early 1980’s (5 CTGs). Those

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sources not covered by a CTG are ‘‘Byproduct Coke Oven Batteries,’’ and new subdivision, subpart 216.5 which referred to as non-CTG sources. Section 216, ‘‘Iron and/or Steel Processes.’’ Parts requires facilities subject to this rule to 182(b)(2) of the Act requires states with 214 and 216 were adopted by the State comply with RACT requirements. ozone nonattainment areas classified as on July 8, 1994 and became effective on Facilities subject to this rule must moderate or worse to develop RACT for September 22, 1994. These regulations submit a compliance plan which all pre-enactment CTG source are intended to address, at least in part, identifies RACT for each NOX and VOC categories, for all sources subject to the requirements of the Act explained in emission point or limit the facility’s post-enactment CTGs and for all non- Section I of this notice. It should be potential to emit these contaminants CTG major sources in those areas. Under noted that because the specific below threshold applicability levels the pre-1990 Clean Air Act, ozone requirements of the Act which New through federally and state enforceable nonattainment areas were required to York must address vary relative to the special conditions in permits to adopt RACT rules for sources of VOC severity of the ozone problem in a construct and/or certificates to operate. emissions. specific metropolitan area, the A compliance plan must identify the New York has previously addressed applicability of New York’s Parts 214 emission points not equipped with most of these requirements and EPA has and 216 also varies accordingly. A RACT and must include a schedule for approved these revisions into the New summary of EPA’s review and findings installation of RACT. Subpart 216.5 York State Implementation Plan (SIP). concerning the revisions to Parts 214 required that compliance plans be submitted to the NYSDEC by October B. What are the oxides of nitrogen (NOX) and 216 follows. RACT requirements? 20, 1994, and RACT implemented by IV. What Are the Revisions to Part 214, May 31, 1995. The air quality planning requirements ‘‘By-Product Coke Oven Batteries’’ and Pursuant to subpart 216.5(c)(4), any for the reduction of NOX emissions Part 216, ‘‘Iron and/or Steel Processes’’? process specific RACT determinations using RACT are set out in section 182(f) Part 214 developed by the facilities, which have of the Act. EPA further defines the been determined by the NYSDEC to be section 182(f) requirements in a notice, Revised Part 214 includes definitions acceptable, must be submitted to EPA ‘‘State Implementation Plans; Nitrogen which have been added for convenience for approval as SIP revisions. Oxides Supplement to the General in interpreting the provisions of Part Preamble; Clean Air Act Amendments 214. Revised Part 214 also includes a A. What Is the Definition of Generic of 1990 Implementation of Title I; new subdivision, subpart 214.9(b) RACT and Do Parts 214 and 216 Proposed Rule,’’ published November which requires facilities subject to this Contain Generic RACT Provisions? 25, 1992 (57 FR 55620). Refer to the rule to comply with RACT Generic provisions are those portions November 25, 1992 notice for detailed requirements. Facilities subject to this of a regulation which require the information on the NOX requirements. rule must submit a compliance plan application of RACT to an emission Also refer to additional guidance which identifies RACT for each NOX point, but the degree of control is not memoranda that EPA released and VOC emission point or limit the specified in the rule and is to be subsequent to the NOX Supplement. The facility’s potential to emit these determined on a case-by-case basis additional guidance includes but is not contaminants below threshold taking technological and economic limited to: EPA publication EPA–452/ applicability levels through federally factors into consideration. New York R–96–005 (March 1996) entitled ‘‘NOX and state enforceable special conditions refers to these as ‘‘process specific Policy Documents for The Clean Air Act in permits to construct and/or RACT demonstrations.’’ Under the Act, of 1990;’’ EPA’s policy memorandum on certificates to operate. A compliance these individually determined RACT the approval options for generic RACT plan must identify the emission points limits would then need to be submitted rules submitted by states entitled not equipped with RACT and must by a state as a SIP revision for EPA ‘‘Approval Options for Generic RACT include a schedule for installation of approval. On November 7, 1996, EPA Rules Submitted to Meet the non-CTG RACT. Subpart 214.9(b) required that issued a policy memorandum providing VOC RACT Requirement and Certain compliance plans be submitted to the additional guidance for approving NOX RACT Requirements’’ (November NYSDEC by October 20, 1994, and regulations which contain these 7, 1996); EPA’s draft system-wide RACT implemented by May 31, 1995. ‘‘generic provisions’’. (Sally Shaver, averaging trading guidance (December VOC emission points which are Director, Air Quality Strategies and 1993); and EPA’s publications of subject to and are in compliance with Standards Division, memorandum to ‘‘Alternative Control Technique subparts L or FF of the national EPA Division Directors, ‘‘Approval Documents,’’ which are technical emission standards for hazardous air Options for Generic RACT Rules documents identifying alternative pollutants in 40 CFR Part 61 are Submitted to Meet the non-CTG VOC controls for most categories of stationary considered to be equipped with RACT RACT Requirement and Certain NOX sources of NOX. for purposes of compliance with subpart RACT Requirements’’). The Act requires that states establish 214.9(b). EPA policy allows for the full requirements, where practicable, for Pursuant to subpart 214.9(b)(5), any approval of state rules containing major stationary sources to include NOX other process specific RACT generic RACT requirements prior to RACT controls by May 31, 1995. determinations developed by the actual EPA approval of SIP revisions facilities, which have been determined establishing RACT for each individual III. What Did New York Include in Its by the NYSDEC to be acceptable, must major source making use of the generic Submittals? be submitted to EPA for approval as SIP RACT requirements. However, to allow On July 8, 1994, New York State revisions. this, the state must provide an analysis Department of Environmental that shows that the sources likely to Conservation (NYSDEC) submitted to Part 216 make use of these generic requirements EPA a request to revise its SIP. The Revised Part 216 includes definitions would only represent a small amount or revisions consisted of amendments to which have been added for convenience de-minimis level of emissions and that New York’s Code of Rules and in interpreting the provisions of Part the majority of emissions would be Regulations (NYCRR) Parts 214, 216. Revised Part 216 also includes a regulated by a specified RACT level of

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control included in the general rule. An V. Conclusion distribution of power and EPA approval of this generic provision EPA has evaluated New York’s responsibilities established in the Act. does not exempt the remaining sources submittal for consistency with the Act, This proposed rule also is not subject to from complying with RACT, but does EPA regulations, and EPA policy. EPA Executive Order 13045 Protection of provide an opportunity for EPA to make is proposing to approve the revisions to Children from Environmental Health a determination that the state has met a Part 214, ‘‘By-Product Coke Oven Risks and Safety Risks (62 FR 19885, non-CTG requirement prior to taking Batteries’’ and Part 216, ‘‘Iron and/or April 23, 1997), because it is not action on all of the individual case-by- Steel Processes’’ of New York’s economically significant. In reviewing SIP submissions, EPA’s case RACT determinations. Parts 214 regulations as meeting the VOC and role is to approve state choices, and 216 both include generic RACT NO RACT ‘‘catch-up’’ requirements X provided that they meet the criteria of provisions requiring the application of under sections 182(b)(2) and 182(f) of the Clean Air Act. In this context, in the RACT on a case-by-case basis for any the Act for non-CTG major sources. item of equipment, process or source absence of a prior existing requirement where the degree of control has not been VI. Statutory and Executive Order for the State to use voluntary consensus specified in the general rule. Reviews standards (VCS), EPA has no authority Under Executive Order 12866 (58 FR to disapprove a SIP submission for B. How Has New York Addressed the 51735, October 4, 1993), this proposed failure to use VCS. It would thus be Case-by-Case RACT Determinations? action is not a ‘‘significant regulatory inconsistent with applicable law for action’’ and therefore is not subject to EPA, when it reviews a SIP submission, In a letter dated March 1, 2006, New to use VCS in place of a SIP submission York provided sufficient data for EPA to review by the Office of Management and Budget. For this reason, this action is that otherwise satisfies the provisions of evaluate the de-minimis level of NOX the Act. Thus, the requirements of emissions from generic sources in the also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations section 12(d) of the National State that are subject to Parts 214 and Technology Transfer and Advancement 216. New York also determined that That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May Act of 1995 (15 U.S.C. 272 note) do not there are no sources located in New apply. This proposed rule does not York State which are subject to the VOC 22, 2001). This proposed action merely proposes to approve state law as impose an information collection RACT requirements of Parts 214 and burden under the provisions of the 216 which would need to submit meeting Federal requirements and imposes no additional requirements Paperwork Reduction Act of 1995 (44 individual case-by-case RACT U.S.C. 3501 et seq.). determinations as single source SIP beyond those imposed by state law. revisions. Therefore, New York Accordingly, the Administrator certifies List of Subjects in 40 CFR Part 52 that this proposed rule will not have a provided de-minimis data for NOX Environmental protection, Air sources only. significant economic impact on a pollution control, Incorporation by substantial number of small entities Given the State’s data, EPA reference, Intergovernmental relations, under the Regulatory Flexibility Act (5 Nitrogen dioxide, Ozone, Reporting and determined that 0.50 percent of the NOX U.S.C. 601 et seq.). Because this rule emissions subject to RACT controls recordkeeping requirements, Volatile proposes to approve pre-existing organic compounds. have either not yet been submitted to requirements under state law and does EPA as single source SIP revisions or, if not impose any additional enforceable Dated: April 24, 2006. submitted, have not yet been approved duty beyond that required by state law, Alan J. Steinberg, by EPA. This 0.50 percent level includes it does not contain any unfunded Regional Administrator, Region 2. NOX emissions from four facilities for mandate or significantly or uniquely [FR Doc. E6–6618 Filed 5–1–06; 8:45 am] which New York is required to submit affect small governments, as described BILLING CODE 6560–50–P single source SIP revisions addressing in the Unfunded Mandates Reform Act NOX RACT requirements for these of 1995 (Pub. L. 104–4). facilities. EPA policy indicates that 0.50 This proposed rule also does not have ENVIRONMENTAL PROTECTION 1 percent is below the de-minimis level. tribal implications because it will not AGENCY EPA has determined that New York’s have a substantial direct effect on one or NOX RACT regulation conforms to more Indian tribes, on the relationship 40 CFR Part 63 EPA’s policy regarding the approval of between the Federal Government and [EPA–R06–OAR–2005–TX–0034; generic RACT provisions or rules. Indian tribes, or on the distribution of FRL–8164–5] Therefore, EPA proposes full approval power and responsibilities between the of the generic RACT provisions of Part Federal Government and Indian tribes, National Emission Standards for 214 and 216. Subparts 214.9(b)(5) and as specified by Executive Order 13175 Hazardous Air Pollutants; Delegation 216.5(c)(4) require New York to submit (65 FR 67249, November 9, 2000). This of Authority to Texas any remaining case-by-case RACT action also does not have Federalism AGENCY: Environmental Protection determinations for the NOX sources to implications because it does not have EPA for approval as single source SIP Agency (EPA). substantial direct effects on the States, ACTION: Proposed rule. revisions. on the relationship between the national government and the States, or on the SUMMARY: The Texas Commission on 1 EPA guidance (‘‘Approval Options for Generic distribution of power and Environmental Quality (TCEQ) has RACT Rules Submitted to Meet the non-CTG VOC responsibilities among the various submitted a request for receiving RACT Requirement and Certain NOX RACT Requirements,’’ November 7, 1996) provides that levels of government, as specified in delegation of EPA authority for where the non-approved RACT requirements Executive Order 13132 (64 FR 43255, implementation and enforcement of concern sources whose emissions represent less August 10, 1999). This action merely National Emission Standards for than 5 percent of the 1990 stationary source NOX inventory, excluding utility boilers, it may be proposes to approve a state rule Hazardous Air Pollutants (NESHAPs) appropriate to issue a full approval of the generic implementing a Federal standard, and for all sources (both part 70 and non- RACT regulation. does not alter the relationship or the part 70 sources). The requests apply to

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certain NESHAPs promulgated by EPA, published in the Rules section of this • Federal eRulemaking Portal: Go to as adopted by TCEQ on May 25, 2005. Federal Register. http://www.regulations.gov. Follow the The delegation of authority under this Authority: 42 U.S.C. 7412. online instructions for submitting action does not apply to sources located comments. in Indian Country. EPA is providing Dated: April 24, 2006. Instructions: All submissions must notice that proposes to approve the Richard E. Greene, include the agency name and docket delegation of certain NESHAPs to Regional Administrator, Region 6. number or Regulatory Identification TDEQ. [FR Doc. 06–4113 Filed 5–1–06; 8:45 am] Number (RIN) for this rulemaking. For BILLING CODE 6560–50–P detailed instructions on submitting DATES: Written comments must be received on or before June 1, 2006. comments and additional information on the rulemaking process, see the ADDRESSES: Comments may be mailed to DEPARTMENT OF TRANSPORTATION Public Participation heading of the Mr. Jeff Robinson, Air Permits Section Supplementary Information section of (6PD–R), Environmental Protection National Highway Traffic Safety this document. Note that all comments Agency, 1445 Ross Avenue, Suite 1200, Administration received will be posted without change Dallas, Texas 75202–2733. Comments to http://dms.dot.gov including any may also be submitted electronically or 49 CFR Part 541 personal information provided. Please through hand delivery/courier by see the Privacy Act heading under [Docket No. NHTSA 2006–24236] following the detailed instructions in Regulatory Notices. the Addresses section of the direct final Docket: For access to the docket to rule located in the final rules section of Preliminary Theft Data; Motor Vehicle Theft Prevention Standard read background documents or the Federal Register. comments received, go to http:// FOR FURTHER INFORMATION CONTACT: Mr. AGENCY: National Highway Traffic dms.dot.gov at any time or to Room PL– Jeff Robinson, Air Permits Section, Safety Administration (NHTSA), 401 on the plaza level of the Nassif Multimedia Planning and Permitting Department of Transportation. Building, 400 Seventh Street, SW., Division (6PD-R), U.S. Environmental ACTION: Publication of preliminary theft Washington, DC, between 9 a.m. and 5 Protection Agency, Region 6, 1445 Ross data; request for comments. p.m., Monday through Friday, except Avenue, Suite 700, Dallas, Texas 75202– Federal Holidays. 2733, at (214) 665–6435, or at SUMMARY: This document requests FOR FURTHER INFORMATION CONTACT: Ms. [email protected]. comments on data about passenger Deborah Mazyck, Office of International SUPPLEMENTARY INFORMATION: In the motor vehicle thefts that occurred in Vehicle, Fuel Economy and Consumer final rules section of this Federal calendar year (CY) 2004 including theft Standards, NHTSA, 400 Seventh Street, Register, EPA is approving TCEQ’s rates for existing passenger motor SW., Washington, DC 20590. Ms. request for delegation of authority to vehicle lines manufactured in model Mazyck’s telephone number is (202) implement and enforce certain year (MY) 2004. The preliminary theft 366–4139. Her fax number is (202) 493– NESHAPs for all sources (both part 70 data indicate that the vehicle theft rate 2290. for CY/MY 2004 vehicles (1.83 thefts and non-part 70 sources). TCEQ has SUPPLEMENTARY INFORMATION: NHTSA per thousand vehicles) decreased by adopted certain NESHAPs into Texas’ administers a program for reducing 0.54 percent from the theft rate for CY/ state regulations. In addition, EPA is motor vehicle theft. The central feature MY 2003 vehicles (1.84 thefts per waiving its notification requirements so of this program is the Federal Motor thousand vehicles). sources will only need to send Vehicle Theft Prevention Standard, 49 Publication of these data fulfills notifications and reports to TCEQ. CFR Part 541. The standard specifies NHTSA’s statutory obligation to The EPA is taking direct final action performance requirements for inscribing periodically obtain accurate and timely without prior proposal because EPA or affixing vehicle identification theft data, and publish the information views this as a noncontroversial action numbers (VINs) onto certain major for review and comment. and anticipates no adverse comments. A original equipment and replacement detailed rationale for this approval is set DATES: Comments must be submitted on parts of high-theft lines of passenger forth in the preamble to the direct final or before July 3, 2006. motor vehicles. rule. If no adverse comments are ADDRESSES: You may submit comments The agency is required by 49 U.S.C. received in response to this action rule, (identified by DOT Docket No. NHTSA– 33104(b)(4) to periodically obtain, from no further activity is contemplated. If 2006–24236) by any of the following the most reliable source, accurate and EPA receives adverse comments, the methods: timely theft data, and publish the data direct final rule will be withdrawn, and • Web site: http://dms.dot.gov. for review and comment. To fulfill the all public comments received will be Follow the instructions for submitting § 33104(b)(4) mandate, this document addressed in a subsequent final rule comments on the DOT electronic docket reports the preliminary theft data for CY based on this proposed rule. EPA will site. 2004 the most recent calendar year for not institute a second comment period • Fax: 1–202–493–2251. which data are available. on this action. Any parties interested in • Mail: Docket Management Facility; In calculating the 2004 theft rates, commenting must do so at this time. U.S. Department of Transportation, 400 NHTSA followed the same procedures it Please note that if EPA receives adverse Seventh Street, SW., Nassif Building, used in calculating the MY 2003 theft comment on an amendment, paragraph, Room PL–401, Washington, DC 20590– rates. (For 2003 theft data calculations, or section of this rule and if that 001. see 69 FR 53354, September 1, 2004). As provision may be severed from the • Hand Delivery: Room PL–401 on in all previous reports, NHTSA’s data remainder of the rule, EPA may adopt the plaza level of the Nassif Building, were based on information provided to as final those provisions of the rule that 400 Seventh Street, S.W., Washington, the agency by the National Crime are not the subject of an adverse DC, between 9 a.m. and 5 p.m., Monday Information Center (NCIC) of the comment. For additional information, through Friday, except Federal Federal Bureau of Investigation. The see the direct final rule which is Holidays. NCIC is a governmental system that

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receives vehicle theft information from to the Environmental Protection lines, 22 lines had a theft rate higher nearly 23,000 criminal justice agencies Agency. than 3.5826 per thousand vehicles, the and other law enforcement authorities The preliminary 2004 theft data show established median theft rate for MYs throughout the United States. The NCIC a decrease in the vehicle theft rate when 1990/1991 (See 59 FR 12400, March 16, data also include reported thefts of self- compared to the theft rate experienced 1994). Of the 22 vehicle lines with a insured and uninsured vehicles, not all in CY/MY 2003. The preliminary theft theft rate higher than 3.5826, 20 are of which are reported to other data rate for MY 2004 passenger vehicles passenger car lines, one is a sources. The 2004 theft rate for each stolen in calendar year 2004 decreased multipurpose passenger vehicle line, vehicle line was calculated by dividing to 1.83 thefts per thousand vehicles and one is a light-duty truck line. the number of reported thefts of MY produced, a decrease of 0.54 percent The preliminary MY 2004 theft rate 2004 vehicles of that line stolen during from the rate of 1.84 thefts per thousand reduction is consistent with the general calendar year 2004, by the total number vehicles experienced by MY 2003 decreasing trend of theft rates over the of vehicles in that line manufactured for vehicles in CY 2003. For MY 2004 past eleven years as indicated by Figure MY 2004, as reported by manufacturers vehicles, out of a total of 231 vehicle 1.

The agency believes that the theft rate page limit. This limitation is intended to closing date indicated above for this reduction could be the result of several encourage commenters to detail their document will be considered, and will factors including the increased use of primary arguments in a concise fashion. be available for examination in the standard antitheft devices (i.e., If a commenter wishes to submit docket at the above address both before immobilizers), vehicle partsmarking, certain information under a claim of and after that date. To the extent increased and improved prosecution confidentiality, three copies of the possible, comments filed after the efforts by law enforcement organizations complete submission, including closing date will also be considered. and increased public awareness purportedly confidential business Comments on this document will be measures that may have contributed to information, should be submitted to the available for inspection in the docket. the overall reduction in vehicle thefts. Chief Counsel, NHTSA, at the street NHTSA will continue to file relevant In Table I, NHTSA has tentatively address given above, and two copies information as it becomes available for ranked each of the MY 2004 vehicle from which the purportedly confidential inspection in the docket after the lines in descending order of theft rate. information has been deleted should be closing date, and it is recommended that Public comment is sought on the submitted to Dockets. A request for interested persons continue to examine accuracy of the data, including the data confidentiality should be accompanied the docket for new material. for the production volumes of by a cover letter setting forth the Those persons desiring to be notified individual vehicle lines. information specified in the agency’s upon receipt of their comments in the Comments must not exceed 15 pages confidential business information rules docket should enclose a self- in length (49 CFR Part 553.21). regulation. 49 CFR Part 512. addressed, stamped postcard in the Attachments may be appended to these All comments received before the envelope with their comments. Upon submissions without regard to the 15 close of business on the comment receiving the comments, the docket

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supervisor will return the postcard by comment (or signing the comment, if 65, Number 70; Pages 19477–78) or you mail. submitted on behalf of an association, may visit http://dms.dot.gov. Privacy Act: Anyone is able to search business, labor union, etc.). You may Authority: 49 U.S.C. 33101, 33102 and the electronic form of all comments review DOT’s complete Privacy Act 33104; delegation of authority at 49 CFR 1.50. received into any of our dockets by the Statement in the Federal Register name of the individual submitting the published on April 11, 2000 (Volume

PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2004 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2004

2004 theft Production rate Manufacturer Make/model Thefts (Mfr’s) (per 1,000 (line) 2004 2004 vehicles produced)

1 ...... DAIMLERCHRYSLER ...... DODGE INTREPID...... 662 67,289 9.8382 2 ...... TOYOTA ...... TUNDRA PICKUP ...... 135 14,913 9.0525 3 ...... DAIMLERCHRYSLER ...... DODGE STRATUS ...... 1,047 140,248 7.4653 4 ...... DAIMLERCHRYSLER ...... CHRYSLER SEBRING...... 525 90,897 5.7758 5 ...... HONDA ...... ACURA NSX ...... 1 198 5.0505 6 ...... GENERAL MOTORS ...... OLDSMOBILE ALERO ...... 346 69,534 4.9760 7 ...... GENERAL MOTORS ...... CHEVROLET MALIBU CLASSIC ...... 464 98,025 4.7335 8 ...... DAIMLERCHRYSLER ...... CHRYSLER CONCORDE ...... 108 22,879 4.7205 9 ...... MITSUBISHI ...... DIAMANTE ...... 19 4,135 4.5949 10 ...... SUBARU ...... IMPREZA ...... 177 38,806 4.5612 11 ...... MITSUBISHI ...... MONTERO SPORT ...... 24 5,414 4.4330 12 ...... GENERAL MOTORS ...... CHEVROLET MONTE CARLO ...... 268 62,391 4.2955 13 ...... DAIMLERCHRYSLER ...... DODGE NEON ...... 498 117,601 4.2347 14 ...... MITSUBISHI ...... ECLIPSE ...... 74 17,682 4.1850 15 ...... NISSAN ...... SENTRA ...... 504 122,208 4.1241 16 ...... FORD MOTOR CO...... FORD MUSTANG ...... 541 135,734 3.9857 17 ...... NISSAN ...... INFINITI Q45 ...... 4 1,006 3.9761 18 ...... KIA ...... RIO ...... 145 37,599 3.8565 19 ...... DAIMLERCHRYSLER ...... CHRYSLER SEBRING CONVERTIBLE .... 248 64,442 3.8484 20 ...... MITSUBISHI ...... GALANT ...... 165 42,902 3.8460 21 ...... GENERAL MOTORS ...... PONTIAC GRAND AM ...... 639 171,925 3.7167 22 ...... HYUNDAI ...... ACCENT ...... 155 42,863 3.6162 23 ...... MITSUBISHI ...... LANCER ...... 140 42,776 3.2729 24 ...... MITSUBISHI ...... ENDEAVOR ...... 177 56,030 3.1590 25 ...... GENERAL MOTORS ...... PONTIAC SUNFIRE ...... 114 36,176 3.1513 26 ...... NISSAN ...... ALTIMA ...... 273 88,348 3.0901 27 ...... GENERAL MOTORS ...... CHEVROLET CAVALIER ...... 658 215,275 3.0566 28 ...... TOYOTA ...... SCION XB ...... 73 25,098 2.9086 29 ...... KIA ...... OPTIMA ...... 186 66,397 2.8013 30 ...... FORD MOTOR CO ...... FORD FOCUS ...... 302 109,050 2.7694 31 ...... GENERAL MOTORS ...... CHEVROLET IMPALA ...... 743 269,733 2.7546 32 ...... SUZUKI ...... VERONA ...... 44 16,478 2.6702 33 ...... BMW ...... 7 ...... 43 16,245 2.6470 34 ...... GENERAL MOTORS ...... CADILLAC SEVILLE ...... 16 6,222 2.5715 35 ...... ISUZU ...... RODEO ...... 43 16,863 2.5500 36 ...... NISSAN ...... MAXIMA ...... 301 119,146 2.5263 37 ...... TOYOTA ...... CELICA ...... 21 8,483 2.4755 38 ...... DAIMLERCHRYSLER ...... CHRYSLER PT CRUISER ...... 255 104,558 2.4388 39 ...... BMW ...... M3 ...... 21 8,632 2.4328 40 ...... KIA ...... AMANTI ...... 46 19,363 2.3757 41 ...... GENERAL MOTORS ...... PONTIAC AZTEK ...... 49 20,854 2.3497 42 ...... FORD MOTOR CO ...... FORD TAURUS ...... 477 203,126 2.3483 43 ...... MAZDA ...... 6 ...... 176 75,843 2.3206 44 ...... GENERAL MOTORS ...... CHEVROLET BLAZER S10/T10 ...... 116 50,855 2.2810 45 ...... SUZUKI ...... FORENZA ...... 57 25,032 2.2771 46 ...... GENERAL MOTORS ...... PONTIAC GRAND PRIX ...... 408 179,556 2.2723 47 ...... FORD MOTOR CO ...... LINCOLN TOWN CAR ...... 125 55,227 2.2634 48 ...... FORD MOTOR CO ...... LINCOLN LS ...... 66 29,344 2.2492 49 ...... SUZUKI ...... AERIO ...... 37 16,459 2.2480 50 ...... MITSUBISHI ...... OUTLANDER ...... 50 22,336 2.2385 51 ...... TOYOTA ...... COROLLA ...... 602 272,301 2.2108 52 ...... GENERAL MOTORS ...... CHEVROLET CORVETTE ...... 74 33,501 2.2089 53 ...... KIA ...... SPECTRA ...... 96 44,322 2.1660 54 ...... NISSAN ...... 350Z ...... 87 40,255 2.1612 55 ...... TOYOTA ...... LEXUS GS ...... 21 9,756 2.1525 56 ...... FORD MOTOR CO ...... MERCURY SABLE ...... 90 42,236 2.1309 57 ...... TOYOTA ...... LEXUS IS ...... 24 11,308 2.1224 58 ...... FERRARI ...... 360 ...... 2 950 2.1053 59 ...... MERCEDES-BENZ ...... 170 (SLK-CLASS) ...... 8 3,836 2.0855 60 ...... DAIMLER-CHRYSLER ...... CHRYSLER PACIFICA...... 192 98,340 1.9524

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2004 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2004—Continued

2004 theft Production rate Manufacturer Make/model Thefts (Mfr’s) (per 1,000 (line) 2004 2004 vehicles produced)

61 ...... DAIMLERCHRYSLER ...... JEEP GRAND CHEROKEE ...... 617 317,381 1.9440 62 ...... HONDA ...... ACURA RSX ...... 39 20,280 1.9231 63 ...... DAIMLERCHRYSLER ...... DODGE DAKOTA PICKUP ...... 62 32,355 1.9162 64 ...... FORD MOTOR CO ...... FORD CROWN VICTORIA ...... 63 32,977 1.9104 65 ...... DAIMLERCHRYSLER ...... DODGE CARAVAN/GRAND CARAVAN ... 162 84,965 1.9067 66 ...... GENERAL MOTORS ...... PONTIAC BONNEVILLE ...... 40 21,163 1.8901 67 ...... HYUNDAI ...... ELANTRA ...... 196 103,787 1.8885 68 ...... BMW ...... 6 ...... 11 5,870 1.8739 69 ...... JAGUAR ...... XJR ...... 4 2,179 1.8357 70 ...... GENERAL MOTORS ...... GMC CANYON PICKUP ...... 39 21,402 1.8223 71 ...... MAZDA ...... RX–8 ...... 64 35,147 1.8209 72 ...... GENERAL MOTORS ...... BUICK RENDEZVOUS ...... 123 68,043 1.8077 73 ...... JAGUAR ...... XKR ...... 1 557 1.7953 74 ...... DAIMLERCHRYSLER ...... JEEP LIBERTY ...... 305 173,128 1.7617 75 ...... FORD MOTOR CO ...... FORD EXPLORER ...... 515 294,622 1.7480 76 ...... VOLKSWAGEN ...... PHAETON ...... 4 2,326 1.7197 77 ...... MERCEDES-BENZ ...... 129 (SL-CLASS) ...... 20 11,928 1.6767 78 ...... NISSAN ...... INFINITI FX35 ...... 44 26,531 1.6584 79 ...... DAIMLERCHRYSLER ...... CHRYSLER 300M ...... 34 20,836 1.6318 80 ...... TOYOTA ...... TACOMA PICKUP ...... 259 159,348 1.6254 81 ...... VOLKSWAGEN ...... R32 ...... 8 5,017 1.5946 82 ...... NISSAN ...... INFINITI G35 ...... 139 87,780 1.5835 83 ...... HYUNDAI ...... TIBURON ...... 33 20,977 1.5732 84 ...... GENERAL MOTORS ...... CHEVROLET TRACKER ...... 24 15,276 1.5711 85 ...... HYUNDAI ...... SONATA ...... 158 101,774 1.5525 86 ...... MERCEDES-BENZ ...... 208 (CLK-CLASS) ...... 31 20,013 1.5490 87 ...... GENERAL MOTORS ...... BUICK CENTURY ...... 84 54,706 1.5355 88 ...... GENERAL MOTORS ...... CADILLAC DEVILLE ...... 111 73,274 1.5149 89 ...... FORD MOTOR CO ...... FORD THUNDERBIRD ...... 19 12,577 1.5107 90 ...... TOYOTA ...... MATRIX ...... 91 60,311 1.5088 91 ...... VOLVO ...... S40 ...... 34 22,616 1.5034 92 ...... GENERAL MOTORS ...... CHEVROLET TRAILBLAZER ...... 308 209,348 1.4712 93 ...... HONDA ...... S2000 ...... 11 7,511 1.4645 94 ...... DAIMLERCHRYSLER ...... DODGE VIPER ...... 3 2,065 1.4528 95 ...... DAIMLERCHRYSLER ...... JEEP WRANGLER ...... 132 91,631 1.4406 96 ...... LAMBORGHINI ...... GALLARDO ...... 1 697 1.4347 97 ...... TOYOTA ...... CAMRY/SOLARA ...... 532 373,268 1.4252 98 ...... TOYOTA ...... LEXUS SC ...... 14 9,905 1.4134 99 ...... MAZDA ...... MX–5 MIATA ...... 12 8,620 1.3921 100 ...... GENERAL MOTORS ...... GMC ENVOY ...... 114 83,013 1.3733 101 ...... MAZDA ...... 3 ...... 104 75,915 1.3700 102 ...... JAGUAR ...... XJ8 ...... 15 11,048 1.3577 103 ...... GENERAL MOTORS ...... GMC SAFARI VAN ...... 6 4,428 1.3550 104 ...... VOLVO ...... V40 ...... 4 2,963 1.3500 105 ...... HONDA ...... CIVIC ...... 390 289,347 1.3479 106 ...... GENERAL MOTORS ...... CHEVROLET ASTRO VAN ...... 28 20,892 1.3402 107 ...... JAGUAR ...... S–TYPE ...... 10 7,469 1.3389 108 ...... GENERAL MOTORS ...... CHEVROLET AVEO ...... 92 68,741 1.3384 109 ...... KIA ...... SORENTO ...... 63 47,404 1.3290 110 ...... GENERAL MOTORS ...... CHEVROLET MALIBU ...... 127 96,605 1.3146 111 ...... FORD MOTOR CO ...... FORD EXPLORER SPORT TRAC ...... 79 60,166 1.3130 112 ...... NISSAN ...... FRONTIER PICKUP ...... 100 77,079 1.2974 113 ...... GENERAL MOTORS ...... BUICK PARK AVENUE ...... 22 16,985 1.2953 114 ...... SUZUKI ...... VITARA/GRAND VITARA ...... 44 34,227 1.2855 115 ...... DAIMLERCHRYSLER ...... CHRYSLER CROSSFIRE ...... 22 17,345 1.2684 116 ...... AUDI ...... A4/A4 QUATTRO/S4/S4 AVANT ...... 59 46,660 1.2645 117 ...... GENERAL MOTORS ...... BUICK REGAL ...... 24 18,983 1.2643 118 ...... FORD MOTOR CO ...... FORD ESCAPE ...... 133 106,309 1.2511 119 ...... MERCEDES–BENZ ...... 203 (C–CLASS) ...... 64 51,630 1.2396 120 ...... TOYOTA ...... SCION XA ...... 18 14,753 1.2201 121 ...... NISSAN ...... INFINITI QX56 ...... 15 12,296 1.2199 122 ...... JAGUAR ...... X–TYPE ...... 30 24,693 1.2149 123 ...... VOLVO ...... S60 ...... 50 41,804 1.1961 124 ...... ISUZU ...... AXIOM ...... 4 3,347 1.1951 125 ...... HONDA ...... ACCORD ...... 448 376,680 1.1893 126 ...... NISSAN ...... INFINITI M45 ...... 2 1,687 1.1855 127 ...... VOLKSWAGEN ...... JETTA ...... 109 92,979 1.1723

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2004 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2004—Continued

2004 theft Production rate Manufacturer Make/model Thefts (Mfr’s) (per 1,000 (line) 2004 2004 vehicles produced)

128 ...... GENERAL MOTORS ...... CHEVROLET COLORADO ...... 109 93,411 1.1669 129 ...... FORD MOTOR CO ...... MERCURY GRAND MARQUIS ...... 104 89,130 1.1668 130 ...... GENERAL MOTORS ...... SATURN ION ...... 141 121,109 1.1642 131 ...... MAZDA ...... MPV VAN ...... 26 22,346 1.1635 132 ...... VOLVO ...... S80 ...... 23 19,802 1.1615 133 ...... GENERAL MOTORS ...... PONTIAC MONTANA VAN ...... 35 30,277 1.1560 134 ...... HYUNDAI ...... XG300 ...... 27 24,262 1.1129 135 ...... TOYOTA ...... 4RUNNER ...... 135 122,034 1.1062 136 ...... MERCEDES–BENZ ...... 220 (S–CLASS) ...... 18 16,416 1.0965 137 ...... GENERAL MOTORS ...... PONTIAC GTO ...... 13 12,044 1.0794 138 ...... HONDA ...... ACURA TSX ...... 50 46,494 1.0754 139 ...... ISUZU ...... ASCENDER ...... 8 7,455 1.0731 140 ...... NISSAN ...... XTERRA ...... 90 84,478 1.0654 141 ...... PORSCHE ...... 911 ...... 10 9,546 1.0476 142 ...... AUDI ...... A8 ...... 8 7,654 1.0452 143 ...... LAND ROVER ...... FREELANDER ...... 5 4,795 1.0428 144 ...... GENERAL MOTORS ...... PONTIAC VIBE ...... 65 62,365 1.0423 145 ...... BMW ...... 3 ...... 106 103,092 1.0282 146 ...... FORD MOTOR CO ...... MERCURY MOUNTAINEER ...... 52 50,580 1.0281 147 ...... VOLKSWAGEN ...... GOLF/GTI ...... 20 20,043 0.9979 148 ...... FORD MOTOR CO ...... FORD FREESTAR ...... 104 105,280 0.9878 149 ...... TOYOTA ...... MR2 SPYDER ...... 1 1,023 0.9775 150 ...... GENERAL MOTORS ...... BUICK LESABRE ...... 117 119,742 0.9771 151 ...... MERCEDES-BENZ ...... 215 (CL-CLASS) ...... 2 2,125 0.9412 152 ...... KIA ...... SEDONA VAN ...... 50 53,140 0.9409 153 ...... BMW ...... 5 ...... 45 48,009 0.9373 154 ...... PORSCHE ...... BOXSTER ...... 4 4,417 0.9056 155 ...... HONDA ...... ACURA 3.2 TL ...... 67 75,026 0.8930 156 ...... TOYOTA ...... LEXUS LS ...... 28 31,881 0.8783 157 ...... DAIMLERCHRYSLER ...... CHRYSLER TOWN & COUNTRY (MPV) .. 49 56,361 0.8694 158 ...... GENERAL MOTORS ...... CHEVROLET VENTURE VAN ...... 66 76,777 0.8596 159 ...... NISSAN ...... MURANO ...... 55 64,280 0.8556 160 ...... MERCEDES-BENZ ...... 210 (E-CLASS) ...... 39 45,602 0.8552 161 ...... HONDA ...... ACURA 3.5 RL ...... 7 8,341 0.8392 162 ...... BMW ...... Z4 ...... 11 13,171 0.8352 163 ...... MAZDA ...... TRIBUTE ...... 25 30,524 0.8190 164 ...... NISSAN ...... PATHFINDER ...... 23 28,387 0.8102 165 ...... TOYOTA ...... RAV4 ...... 62 77,643 0.7985 166 ...... FORD MOTOR CO ...... FORD RANGER PICKUP ...... 136 172,566 0.7881 167 ...... GENERAL MOTORS ...... CADILLAC SRX ...... 24 30,811 0.7789 168 ...... GENERAL MOTORS ...... CADILLAC XLR ...... 3 3,857 0.7778 169 ...... GENERAL MOTORS ...... CADILLAC CTS ...... 43 55,984 0.7681 170 ...... GENERAL MOTORS ...... CHEVROLET S10/T10 PICKUP ...... 9 12,111 0.7431 171 ...... GENERAL MOTORS ...... OLDSMOBILE SILHOUETTE VAN ...... 7 9,420 0.7431 172 ...... HONDA ...... ACURA MDX ...... 45 62,397 0.7212 173 ...... GENERAL MOTORS ...... SATURN LS ...... 13 18,185 0.7149 174 ...... AUDI ...... ALLROAD QUATTRO ...... 4 5,675 0.7048 175 ...... TOYOTA ...... ECHO ...... 4 5,697 0.7021 176 ...... TOYOTA ...... LEXUS RX ...... 101 146,431 0.6897 177 ...... VOLKSWAGEN ...... PASSAT ...... 48 70,878 0.6772 178 ...... VOLKSWAGEN ...... NEW BEETLE ...... 30 44,896 0.6682 179 ...... TOYOTA ...... HIGHLANDER ...... 82 123,726 0.6628 180 ...... HYUNDAI ...... SANTA FE ...... 86 130,385 0.6596 181 ...... VOLVO ...... C70 ...... 5 7,731 0.6467 182 ...... TOYOTA ...... LEXUS ES ...... 45 70,774 0.6358 183 ...... AUDI ...... A6/A6 QUATTRO/S6/S6 AVANT ...... 10 15,885 0.6295 184 ...... GENERAL MOTORS ...... GMC SONOMA PICKUP ...... 2 3,190 0.6270 185 ...... NISSAN ...... QUEST VAN ...... 40 63,930 0.6257 186 ...... MAZDA ...... B SERIES PICKUP ...... 6 9,766 0.6144 187 ...... HONDA ...... ELEMENT ...... 34 56,002 0.6071 188 ...... BMW ...... X3 ...... 20 33,586 0.5955 189 ...... VOLVO ...... XC90 ...... 31 53,323 0.5814 190 ...... TOYOTA ...... LEXUS GX ...... 25 43,789 0.5709 191 ...... JAGUAR ...... VANDEN PLAS/SUPER V8 ...... 2 3,712 0.5388 192 ...... NISSAN ...... INFINITI FX45 ...... 2 3,762 0.5316 193 ...... HONDA ...... ODYSSEY VAN ...... 66 132,919 0.4965 194 ...... TOYOTA ...... AVALON ...... 25 50,663 0.4935

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PRELIMINARY REPORT OF THEFT RATES FOR MODEL YEAR 2004 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 2004—Continued

2004 theft Production rate Manufacturer Make/model Thefts (Mfr’s) (per 1,000 (line) 2004 2004 vehicles produced)

195 ...... TOYOTA ...... SIENNA VAN ...... 106 220,314 0.4811 196 ...... NISSAN ...... INFINITI I35 ...... 6 12,840 0.4673 197 ...... SUBARU ...... LEGACY/OUTBACK ...... 28 61,160 0.4578 198 ...... VOLVO ...... V70 ...... 7 15,335 0.4565 199 ...... GENERAL MOTORS ...... SATURN VUE ...... 42 92,536 0.4539 200 ...... SUBARU ...... BAJA ...... 1 2,208 0.4529 201 ...... GENERAL MOTORS ...... SATURN LW ...... 1 2,226 0.4492 202 ...... GENERAL MOTORS ...... CHEVROLET MALIBU MAXX ...... 16 35,760 0.4474 203 ...... HONDA ...... CR–V ...... 65 153,562 0.4233 204 ...... TOYOTA ...... PRIUS ...... 20 47,970 0.4169 205 ...... HONDA ...... PILOT ...... 50 135,591 0.3688 206 ...... VOLVO ...... XC70 ...... 9 24,528 0.3669 207 ...... BMW ...... MINI COOPER ...... 11 31,126 0.3534 208 ...... SUBARU ...... FORESTER ...... 22 62,733 0.3507 209 ...... AUDI ...... TT ...... 2 5,889 0.3396 210 ...... SAAB ...... 9–3 ...... 10 29,534 0.3386 211 ...... GENERAL MOTORS ...... OLDSMOBILE BRAVADA ...... 1 3,475 0.2878 212 ...... SAAB ...... 9–5 ...... 2 10,101 0.1980 213 ...... GENERAL MOTORS ...... BUICK RAINIER ...... 4 28,987 0.1380 214 ...... FORD MOTOR CO ...... MERCURY MONTEREY ...... 2 20,632 0.0969 215 ...... ASTON MARTIN ...... VANQUISH ...... 0 79 0.0000 216 ...... FERRARI ...... 575M ...... 0 127 0.0000 217 ...... FERRARI ...... CHALLENGE ...... 0 328 0.0000 218 ...... FORD MOTOR CO ...... MERCURY MARAUDER ...... 0 3,177 0.0000 219 ...... GENERAL MOTORS ...... CADILLAC FUNERAL COACH/HEARSE .. 0 973 0.0000 220 ...... GENERAL MOTORS ...... CADILLAC LIMOUSINE ...... 0 778 0.0000 221 ...... HONDA ...... INSIGHT ...... 0 543 0.0000 222 ...... JAGUAR ...... XK8 ...... 0 981 0.0000 223 ...... LAMBORGHINI ...... L–140/141 ...... 0 697 0.0000 224 ...... LAMBORGHINI ...... L–147/148 ...... 0 121 0.0000 225 ...... LOTUS ...... ESPRIT ...... 0 39 0.0000 226 ...... MASERATI ...... COUPE/SPYDER ...... 0 793 0.0000 227 ...... QUANTUM TECH ...... CHEVROLET CAVALIER ...... 0 391 0.0000 228 ...... ROLLS ROYCE ...... BENTLEY ARNAGE ...... 0 165 0.0000 229 ...... ROLLS ROYCE ...... BENTLEY CONTINENTAL ...... 0 737 0.0000 230 ...... ROLLS ROYCE ...... PHANTOM ...... 0 489 0.0000 231 ...... SAAB ...... 9–7X ...... 0 1,998 0.0000

Issued on: April 27, 2006. DEPARTMENT OF COMMERCE SUMMARY: NMFS issues a proposed rule Stephen R. Kratzke, that would change the economic data Associate Administrator for Rulemaking. National Oceanic and Atmospheric report (EDR) submission deadline from Administration [FR Doc. 06–4137 Filed 5–1–06; 8:45 am] May 1 to June 28. This action is necessary to provide adequate time for BILLING CODE 4910–59–P 50 CFR Part 680 crab harvesters and processors participating in the Bering Sea and [Docket No. 060420106–6106–01; I.D. Aleutian Islands Crab Rationalization 041706B] Program to submit accurate and complete data on an EDR for the RIN 0648–AU44 previous fishing year and permit enough time for issuance of crab permits for the Fisheries of the Exclusive Economic current year. This action is intended to Zone Off Alaska; Bering Sea and promote the goals and objectives of the Aleutian Islands King and Tanner Crab Magnuson-Stevens Fishery Fishery Resources; Economic Data Conservation and Management Act Reports (Magnuson-Stevens Act). AGENCY: National Marine Fisheries DATES: Written comments must be Service (NMFS), National Oceanic and received by May 17, 2006. Atmospheric Administration (NOAA), Commerce. ADDRESSES: Send comments to Sue Salveson, Assistant Regional ACTION: Proposed rule; request for Administrator, Sustainable Fisheries comments. Division, Alaska Region, NMFS, Attn:

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Records Officer. Comments may be This action would not add reporting, NMFS prepared an initial regulatory submitted by: recordkeeping, and other compliance flexibility analysis (IRFA) as required by • Mail: P.O. Box 21668, Juneau, AK requirements. The number of small- section 603 of the Regulatory Flexibility 99802. entity respondents is anticipated to Act. The IRFA describes the economic • Hand delivery to the Federal decrease dramatically compared with impact this proposed rule, if adopted, Building: 709 West 9th Street, Room the current fishery. This decrease is due would have on small entities. A 420A, Juneau, AK. to the consolidation of BSAI crab description of the action, why it is being • Fax: 907–586–7557. operations from initial quota allocation, considered, and the legal basis for this • E-mail: 0648–AU44–PR- fleet reduction of 25 vessels in the BSAI action are contained at the beginning of [email protected]. Include in the crab buyback program, and from the the preamble and in the SUMMARY subject line of the e-mail the following opportunity to form cooperatives. Most section of this document. A copy of the document identifier: IERS. E-mail of the EDR historical data were collected IRFA is available from NMFS (see comments, with or without attachments, during this first year of the CR Program ADDRESSES). A summary of the analysis are limited to 5 megabytes. as a one-time submission. After the follows: • Webform at the Federal eRulemaking submission of historical data, small The EDRs require data from fishing Portal: http://www.regulations.gov. entities continuing to participate in the operations that are small entities as Follow the instructions at that site for crab fisheries are required to submit an identified by the Small Business submitting comments. annual EDR. The number of crab Administration (SBA). This action Copies of the Regulatory Impact harvesting entities that continue to meet would apply to 311 entities, consisting Review/Initial Regulatory Flexibility SBA criteria for being small entities is of 275 catcher vessels, 12 catcher/ Analysis (RIR/IRFA) prepared for this anticipated to be greatly reduced over processors, 20 shoreside processors, 4 action are available from NMFS Alaska the pre-quota fisheries. stationary floating crab processors. This Region at the above address, from the action would also apply to 6 Western NMFS Alaska Region Web site at http:// Need for Action Alaska Community Development Quota www.fakr.noaa.gov/index/analyses/ NMFS originally chose May 1 as the (CDQ) groups. Approximately 238 small analyses.asp, or by calling the Alaska EDR submission deadline because entities own crab harvesting vessels or Region, NMFS, at 907–586–7228. NMFS estimated that data records crab catcher/processors. Eight Written comments regarding the would be readily available after the processors qualify as small entities. burden-hour estimates or other aspects April 15 income tax filing deadline. Each of the six CDQ groups is a small of the collection-of-information However, several individuals have entity. This action would not add reporting, requirements contained in this proposed reported that a May 1 deadline for recordkeeping, and other compliance rule may be submitted to NMFS, Alaska annual EDRs does not allow enough requirements. The number of small- Region at the above address, and by e- time for preparers to match EDR data to entity respondents is anticipated to mail to [email protected], comprehensive and accurate financial decrease dramatically compared with or fax to 202–395–7285. documentation, such as financial the current fishery. This decrease is due FOR FURTHER INFORMATION CONTACT: statements and tax returns. When to the consolidation of BSAI crab Patsy A. Bearden, 907–586–7008 or preparers request tax extensions, tax operations from initial quota allocation, [email protected]. returns and statements are seldom fleet reduction of 25 vessels in the BSAI SUPPLEMENTARY INFORMATION: complete by May 1. Even if taxes were crab buyback program, and from the submitted by April 15, EDR preparers Background opportunity to form cooperatives. Most have only two weeks to gather tax forms of the EDR historical data were collected The Crab Rationalization Program (CR from preparers, complete the EDRs, and during this first year of the CR Program Program) includes a comprehensive file them by May 1. This short period as a one-time submission. After the economic data collection program to aid leaves little time to complete EDR data submission of historical data, small the North Pacific Fishery Management entry fields and could adversely affect entities continuing to participate in the Council and NMFS assess the success of the quality of data reported on EDRs. crab fisheries are required to submit an the CR Program and develop Providing additional time to file EDRs annual EDR. The number of crab amendments to the CR Program. An should not delay issuance of annual harvesting entities that continue to meet EDR contains cost, revenue, ownership, quota share permits. Timely submission SBA criteria for being small entities is and employment data. These data are of a completed annual EDR is a anticipated to be greatly reduced over collected annually from the crab condition to receiving an annual quota the pre-quota fisheries. harvesting and processing sectors, share permit from the NMFS Restricted This rule contains a collection-of- including owners and lessees of catcher Access Management Program office information requirement subject to the vessels, catcher/processors, and owners (RAM). The Pacific States Marine Paperwork Reduction Act (PRA) that and operators of shoreside and floating Fisheries Commission reports names of has been approved by OMB under processors. The data are used to study those with completed EDRs filings to Control Number 0648–0518. Public the economic impacts of the CR Program RAM shortly after the EDR filing reporting burden per individual on harvesters, processors, and deadline. RAM will issue annual quota response is estimated to average 7.5 communities. Data submission is share permits approximately one month hours for annual catcher vessel EDR; mandatory. after the EDR filing deadline. 12.5 hours for annual catcher/processor An EDR is required for historical data EDR; 10 hours for annual stationary Classification and annual data for each of four floating crab processor EDR; and 10 categories of participant in the CR NMFS has determined that the hours for annual shoreside processor fisheries: catcher vessel, catcher/ proposed rule is consistent with the EDR. Response time estimates include processor, stationary floating crab Magnuson-Stevens Act and other the time for reviewing instructions, processor, and shoreside crab processor. applicable laws. This rule has been searching existing data sources, This rule would apply only to the determined to be not significant for the gathering and maintaining the data annual EDRs. purposes of Executive Order 12866. needed, and completing and reviewing

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the collection of information. Send This rule does not duplicate, overlap, PART 680—SHELLFISH FISHERIES OF comments regarding this burden or conflict with other Federal THE EXCLUSIVE ECONOMIC ZONE estimate, or any other aspect of this data regulations. OFF ALASKA collection, including suggestions for This action does not have any adverse 1. The authority citation for part 680 reducing the burden, to NMFS (see impacts on regulated small entities. continues to read as follows: ADDRESSES) and by e-mail to List of Subjects in 50 CFR Part 680 [email protected], or fax to Authority: Authority: 16 U.S.C. 1862. 202–395–7285. Alaska, Fisheries, Reporting and § 680.6 [Amended] recordkeeping requirements. Notwithstanding any other provision 2. In the table below, for each of the of the law, no person is required to Dated: April 26, 2006. paragraphs shown in the ‘‘Location’’ respond to, nor shall any person be William T. Hogarth column, remove the phrase indicated in subject to a penalty for failure to comply Assistant Administrator for Fisheries, the ‘‘Remove’’ column and replace it with, a collection of information subject National Marine Fisheries Service. with the phrase indicated in the ‘‘Add’’ to the requirements of the PRA, unless For the reasons set out in the column for the number of times that collection of information displays a preamble, 50 CFR part 680 is proposed indicated in the ‘‘Frequency per currently valid OMB control number. to be amended as follows: paragraph’’ column.

Location Remove Add Frequency per paragraph

§ 680.6 paragraphs (b)(1), (d)(1), May 1 June 28 2 (f)(1), and (h)(1)

[FR Doc. E6–6614 Filed 5–1–06; 8:45 am] BILLING CODE 3510–22–S

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Notices Federal Register Vol. 71, No. 84

Tuesday, May 2, 2006

This section of the FEDERAL REGISTER the collection of information unless it clarity of the information to be contains documents other than rules or displays a currently valid OMB control collected; (d) ways to minimize the proposed rules that are applicable to the number. burden of the collection of information public. Notices of hearings and investigations, on those who are to respond, including Animal and Plant Health Inspection committee meetings, agency decisions and through the use of appropriate rulings, delegations of authority, filing of Service automated, electronic, mechanical, or petitions and applications and agency Title: PPQ Form 816; Contract Pilot statements of organization and functions are other technological collection examples of documents appearing in this and Aircraft Acceptance. techniques or other forms of information section. OMB Control Number: 0579–NEW. technology should be addressed to: Desk Summary of Collection: The Plant Officer for Agriculture, Office of Protection Act of 2000 directs the Information and Regulatory Affairs, DEPARTMENT OF AGRICULTURE Secretary of Agriculture to carry out a Office of Management and Budget program, subject to available funds, to (OMB), Submission for OMB Review; control grasshoppers and Mormon [email protected] or Comment Request crickets on all Federal lands to protect fax (202) 395–5806 and to Departmental rangeland. The Animal and Plant Health Clearance Office, USDA, OCIO, Mail April 26, 2006. Inspection Service (APHIS) carries out Stop 7602, Washington, DC 20250– The Department of Agriculture has this program primarily by treating 7602. Comments regarding these submitted the following information infested lands by aerial spraying of information collections are best assured collection requirement(s) to OMB for pesticides from aircraft. of having their full effect if received review and clearance under the Need and Use of the Information: within 30 days of this notification. Paperwork Reduction Act of 1995, Contract Pilot and Aircraft Acceptance Copies of the submission(s) may be Public Law 104–13. Comments Form (PPQ–816) is used by the Plant obtained by calling (202) 720–8681. regarding (a) Whether the collection of Protection and Quarantine personnel An agency may not conduct or information is necessary for the proper who are involved with contracts for sponsor a collection of information performance of the functions of the aerial application services for unless the collection of information agency, including whether the emergency pest outbreaks. The form is displays a currently valid OMB control information will have practical utility; used to document that the pilot and number and the agency informs (b) the accuracy of the agency’s estimate aircraft meet contract specifications. potential persons who are to respond to of burden including the validity of the Description of Respondents: the collection of information that such methodology and assumptions used; (c) Individuals or households. persons are not required to respond to ways to enhance the quality, utility and Number of Respondents: 100. the collection of information unless it clarity of the information to be Frequency of Responses: Reporting: displays a currently valid OMB control collected; (d) ways to minimize the On occasion. number. burden of the collection of information Total Burden Hours: 875. on those who are to respond, including Forest Service Ruth Brown, through the use of appropriate Title: Forest Land Enhancement automated, electronic, mechanical, or Departmental Information Collection Clearance Officer. Program. other technological collection [FR Doc. 06–4103 Filed 5–1–06; 8:45 am] OMB Control Number: 0596–0168. techniques or other forms of information Summary of Collection: The Forest technology should be addressed to: Desk BILLING CODE 3410–34–P Land Enhancement Program (FLEP) is Officer for Agriculture, Office of authorized in the Farm Security and Information and Regulatory Affairs, DEPARTMENT OF AGRICULTURE Rural Investment Act of 2002 (Pub. L. Office of Management and Budget 107–711) through an amendment to the (OMB), Submission for OMB Review; Cooperative Forestry Assistance Act (16 _ OIRA [email protected] or Comment Request U.S.C. 2103). The goals of FLEP are to: fax (202) 395–5806 and to Departmental (1) Enhance the productivity of timber, Clearance Office, USDA, OCIO, Mail April 26, 2006. fish and wildlife habitat, soil and water Stop 7602, Washington, DC 20250– The Department of Agriculture has quality, wetland, recreational resources 7602. Comments regarding these submitted the following information and aesthetic values of private non- information collections are best assured collection requirement(s) to OMB for industrial private forestland; and (2) of having their full effect if received review and clearance under the establish, manage, maintain, enhance, within 30 days of this notification. Paperwork Reduction Act of 1995, and restore such forests. The act Copies of the submission(s) may be Public Law 104–13. Comments requires establishing a grants program to obtained by calling (202) 720–8958. regarding (a) Whether the collection of achieve sustainable forestry; assist An agency may not conduct or information is necessary for the proper owners of non-industrial private sponsor a collection of information performance of the functions of the forestlands to more actively manage unless the collection of information agency, including whether the these lands and related resources; and displays a currently valid OMB control information will have practical utility; encourage such owners to use State, number and the agency informs (b) the accuracy of the agency’s estimate Federal, and private sector resource potential persons who are to respond to of burden including the validity of the management expertise, financial the collection of information that such methodology and assumptions used; (c) assistance and educational programs. persons are not required to respond to ways to enhance the quality, utility and Through FLEP, States can cost-share up

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to 75% to implement eligible forest Province Advisory Committee Meetings (Pub. L. 92–463) and under the Secure management practices on non-industrial are open to the public. Interested Rural Schools and Community Self- private forest ownerships. In order to be citizens are encouraged to attend. FOR Determination Act of 2000 (Pub. L. 106– eligible for cost-share, landowners must FURTHER INFORMATION CONTACT: Karl 393) the Kootenai National Forest’s have a forest management plan that has Denison, Province Liaison, USDA, Lincoln County Resource Advisory been approved by their State forester. Olympic National Forest Headquarters, Committee will meet on Wednesday Need and Use of the Information: The 1835 Black Lake Blvd. Olympia, WA May 10, 2006 at 6 p.m. at the Forest Forest Service (FS) will collect 98512 (360) 956–2306. Supervisor’s Office in Libby, Montana information to describe how the Dated: April 25, 2006. for a business meeting. The meeting is program will be implemented in each Dale Hom, open to the public. State. The plans must (1) Describe how DATES: May 10, 2006. the State will allocate FLEP funding Forest Supervisor, Olympic National Forest. [FR Doc. 06–4094 Filed 5–1–06; 8:45 am] ADDRESSES: Forest Supervisor’s Office, among the four major categories of 1101 US Hwy 2 West, Libby, Montana. administration, resource management BILLING CODE 3410–11–M expertise, education, and financial FOR FURTHER INFORMATION CONTACT: assistance; (2) describe how cost-share Barbara Edgmon, Committee DEPARTMENT OF AGRICULTURE funds shall be made available to eligible Coordinator, Kootenai National Forest at (406) 283–7764, or e-mail participants; (3) describe ownership and Forest Service acreage limitations; (4) define what [email protected]. constitutes a forest management plan; Notice of Southwest Idaho Resource SUPPLEMENTARY INFORMATION: Agenda (5) identify landowner payment Advisory Committee Meeting topics include status reports on limitations; (6) identify eligible cost- approved projects, receiving proposals share practices; (7) describe how funds AGENCY: Forest Service, USDA. for 2007, and receiving public comment. may be distributed to participants; and ACTION: Notice of meeting. If the meeting date or location is (8) describe program application and changed, notice will be posted in the reimbursement processes. If these SUMMARY: Pursuant to the authorities in local newspapers, including the Daily information collection requirements the Federal Advisory Committee Act Interlake based in Kalispell, Montana. were not implemented, it would be (Pub. L. 92–463) and under the Secure Rural Schools and Community Self- Dated: April 24, 2006. virtually impossible to provide proper Cami Winslow, Federal oversight for the new program. Determination Act of 2000 (Pub. L. 106– Description of Respondents: State, 393), the Boise and Payette National Acting Forest Supervisor. Local or Tribal Government; Individuals Forests’ Southwest Idaho Resource [FR Doc. 06–4106 Filed 5–1–06; 8:45 am] or households; Farms. Advisory Committee will conduct a BILLING CODE 3410–11–M Number of Respondents: 16,659. business meeting, which is open to the Frequency of Responses: Reporting: public. DEPARTMENT OF AGRICULTURE Semi-annually; Annually. DATES: Wednesday, May 17, 2006, Total Burden Hours: 66,516. beginning at 10:30 a.m. Rural Telephone Bank Charlene Parker, ADDRESSES: Idaho Counties Risk Departmental Information Collection Management Program Building, 3100 Sunshine Act; Meetings Clearance Officer. South Vista Avenue, Boise, Idaho. AGENCY: Rural Telephone Bank, USDA. [FR Doc. E6–6558 Filed 5–1–06; 8:45 am] FOR FURTHER INFORMATION CONTACT: ACTION: Staff Briefing for the Board of BILLING CODE 3410–11–P Doug Gochnour, Designated Federal Officer, at 208–392–6681 or e-mail Directors. [email protected]. TIME AND DATE: 2 p.m., Wednesday, May DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Agenda 10, 2006. Forest Service topics will include review and approval PLACE: Conference Room 104-A, Jamie of project proposals, and is an open L. Whitten Federal Building, U.S. Olympic Provincial Advisory public forum. Department of Agriculture, 12th & Committee Dated: April 25, 2006. Jefferson Drive, SW., Washington, DC. AGENCY: Forest Service, USDA. Richard M. Christensen, STATUS: Open. ACTION: Notice of meeting. Acting Forest Supervisor, Boise National MATTERS TO BE DISCUSSED: Forest. 1. Progress of dissolution of the Bank. SUMMARY: The Olympic Province [FR Doc. 06–4056 Filed 5–1–06; 8:45 am] 2. Administrative and other issues. Advisory Committee (OPAC) will meet BILLING CODE 3410–11–M ACTION: Board of Directors Meeting. on Friday, May 19th, 2006. The meeting TIME AND DATE: 9 a.m., Thursday, May will be held at the North Olympic 11, 2006. Learning Center, 201 W. Patison Street, DEPARTMENT OF AGRICULTURE Port Hadlock, Washington. The meeting PLACE: Conference Room 104–A, Jamie will begin at 9:30 a.m. and end at Forest Service L. Whitten Federal Building, U.S. approximately 3 p.m. Agenda topics Department of Agriculture, 12th & Notice of Lincoln County Resource Jefferson Drive, SW., Washington, DC. will include: Skokomish Waterhshed Advisory Committee Meeting Action Team Update; Sustainable STATUS: Open. Vegetation Management of Under-story/ AGENCY: Forest Service, USDA. MATTERS TO BE CONSIDERED: The Research Results; Geospatial Overview ACTION: Notice of meeting. following matters have been placed on of the Pacific Northwest and Relevance the agenda for the Board of Directors to the Olympic National Forest; Project SUMMARY: Pursuant to the authorities in meeting: Updates and Open Forum. All Olympic the Federal Advisory Committee Act 1. Call to order.

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2. Action on Minutes of the February 61601 (October 25, 2005). The Low Enriched Uranium from France, 67 23, 2006, board meeting. preliminary results for this FR 6689 (February 13, 2002). On March 3. Secretary’s Report. administration review are currently due 23, 2005, the Department initiated an 4. Treasurer’s Report. no later than June 2, 2006. administrative review of the CVD order 5. Update on dissolution of the Bank. for the period January 1, 2004, through 6. Adjournment. Extension of Time Limits for Preliminary Results December 31, 2004. See Initiation of CONTACT PERSON FOR MORE INFORMATION: Antidumping and Countervailing Duty Jonathan Claffey, Acting Assistant The Department requires additional Administrative Reviews and Requests time to review and analyze the sales and Governor, Rural Telephone Bank, (202) for Revocation in Part, 70 FR 14643 720–9554. cost information submitted by the (March 23, 2005). The respondent in respondent in this administrative Dated: April 26, 2006. this administrative review is Eurodif James M. Andrew, review. Moreover, the Department requires additional time to analyze S.A./Compagnie Generale Des Matieres Governor, Rural Telephone Bank. complex issues related to product Nucleaires. On February 15, 2006, the [FR Doc. 06–4152 Filed 4–28–06; 11:59 am] comparisons and level of trade, issue Department published in the Federal BILLING CODE 3410–15–P additional supplemental questionnaires Register its preliminary results. See and fully analyze the responses. Thus, Notice of Preliminary Results of it is not practicable to complete this Countervailing Duty Administrative DEPARTMENT OF COMMERCE review within the original time limit Review: Low Enriched Uranium from (i.e., June 2, 2006). Therefore, the France, 71 FR 7924 (February 15, 2006). International Trade Administration Department is partially extending the The final results are currently due no [A–401–806] time limit for completion of the later than June 15, 2006. preliminary results by 60 days to not Extension of Time Limit for Final Stainless Steel Wire Rod From later than August 1, 2006, in accordance Sweden: Notice of Extension of Time with section 751(a)(3)(A) of the Act. Results of Review Limit for 2004–2005 Administration We are issuing and publishing this Section 751(a)(3)(A) of the Tariff Act Review notice in accordance with sections of 1930, as amended (‘‘the Act’’), 751(a)(1) and 777(i)(1) of the Act. AGENCY: Import Administration, requires the Department to issue final International Trade Administration, Dated: April 26, 2006. results in an administrative review Department of Commerce. Stephen J. Claeys, within 120 days after the date on which EFFECTIVE DATE: May 2, 2006. Deputy Assistant Secretaryfor Import the preliminary results were published. FOR FURTHER INFORMATION CONTACT: Administration. However, if it is not practicable to Brian Smith, AD/CVD Operations, [FR Doc. E6–6623 Filed 5–1–06; 8:45 am] complete the final results of review Office 2, Import Administration, Billing Code: 3510–DS–S within this time period, section International Trade Administration, 751(a)(3)(A) of the Act allows the U.S. Department of Commerce, 14th Department to extend the time limit for Street and Constitution Avenue, NW., DEPARTMENT OF COMMERCE the final results to a maximum of 180 Washington, DC 20230; telephone (202) International Trade Administration days. 482–1766. Given the complexity of issues raised [C–427–819] Statutory Time Limits in the case briefs submitted by Section 751(a)(3)(A) of the Tariff Act Low Enriched Uranium from France: interested parties, we find that it is not of 1930, as amended (‘‘the Act’’), Extension of Time Limit for Final practicable for the Department to requires the Department of Commerce Results of Countervailing Duty complete the final results of the (‘‘Department’’) to issue the preliminary Administrative Review administrative review within the 120– results of an administrative review day statutory time frame. Therefore, the AGENCY: Import Administration, within 245 days after the last day of the Department is fully extending the time International Trade Administration, anniversary month of an order for which limits for completion of the final results Department of Commerce. a review is requested and a final until August 14, 2006. EFFECTIVE DATE: May 2, 2006. determination within 120 days after the This notice is issued and published in FOR FURTHER INFORMATION CONTACT: date on which the preliminary results accordance with section 751(a)(3)(A) of Kristen Johnson, AD/CVD Operations, are published. If it is not practicable to the Act. complete the review within the time Office 3, Import Administration, period, section 751(a)(3)(A) of the Act International Trade Administration, Dated: April 26, 2006. allows the Department to extend these U.S. Department of Commerce, 14th Stephen J. Claeys, deadlines to a maximum of 365 days Street and Constitution Avenue NW., Deputy Assistant Secretaryfor Import and 180 days, respectively. Washington, DC 20230; telephone: (202) Administration. 482–4793. Background [FR Doc. E6–6625 Filed 5–1–06; 8:45 am] SUPPLEMENTARY INFORMATION : Billing Code: 3510–DS–S On October 25, 2005, the Department published in the Federal Register a Background notice of initiation of administrative The Department of Commerce (‘‘the review of the antidumping duty order Department’’) published in the Federal on stainless steel wire rod from Sweden, Register a countervailing duty (‘‘CVD’’) covering the period September 1, 2004, order on low enriched uranium from through August 31, 2005. See Initiation France on February 13, 2002. See of Antidumping and Countervailing Amended Final Determination and Duty Administrative Reviews, 70 FR Notice of Countervailing Duty Order:

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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: establishing the date on which it first Kristen Johnson, AD/CVD Operations, shipped the subject merchandise to the International Trade Administration Office 3, Import Administration, United States, the date of entry of that [C–489–502] International Trade Administration, first shipment, the volume of that and U.S. Department of Commerce, 14th subsequent shipments, and the date of Certain Welded Carbon Steel Standard Street and Constitution Avenue, NW., the first sale to an unaffiliated customer Pipe from Turkey: Notice of Initiation Washington, DC 20230; telephone: (202) in the United States. Tosc¸elik also of Countervailing Duty New Shipper 482–4793 certified that, in accordance with 19 Review SUPPLEMENTARY INFORMATION: CFR 351.214(b)(2)(v), it has informed the Government of the Republic of AGENCY: Import Administration, Background Turkey that it will be required to International Trade Administration, On March 30, 2006, the Department Department of Commerce. provide a full response to the received a timely request from Tosc¸elik, Department’s questionnaire.3 EFFECTIVE DATE: May 2, 2006. in accordance with 19 CFR 351.214(c), SUMMARY: The Department of Commerce for a new shipper review of the CVD Initiation of Review (‘‘the Department’’) has received a order on certain welded carbon steel request to conduct a new shipper review standard pipe from Turkey, which has In accordance with section of the countervailing duty (‘‘CVD’’) a March anniversary month.1 751(a)(2)(B) of the Act and 19 CFR order on certain welded carbon steel As required by 19 CFR 351.214, and based on information on standard pipe from Turkey. In 351.214(b)(2)(i) and (iii)(A), Tosc¸elik the record, we are initiating a CVD new accordance with section 751(a)(2)(B) of certified that it did not export subject shipper review for Tosc¸elik. We intend the Tariff Act of 1930, as amended (‘‘the merchandise to the United States during to issue the preliminary results of this Act’’), and 19 CFR 351.214, we are the period of investigation (‘‘POI’’), and new shipper review no later than 180 initiating a CVD new shipper review for that it has never been affiliated with any days after initiation of this review.4 We Tosc¸elik Profil ve Sac Endustrisi A.S. exporter or producer that exported intend to issue final results of this (‘‘Tosc¸elik’’), and its affiliated export subject merchandise during the POI.2 review no later than 90 days after the trading company, Tosyali Dis Ticaret Pursuant to 19 CFR 351.214(b)(2)(iv), date on which the preliminary results A.S. (‘‘Tosyali’’). the company submitted documentation are issued.5

New Shipper Review Proceeding Period To Be Reviewed

Tosc¸elik ...... 01/01/2005 - 12/31/2005

In accordance with section Dated: April 26, 2006. to plan and respond. The NOAA 751(a)(2)(B)(iii) of the Act and 19 CFR Stephen J. Claeys, Climate Program represents a 351.214(e), we will instruct U.S. Deputy Assistant Secretaryfor Import contribution to national and Customs and Border Protection to allow, Administration. international programs designed to at the option of the importer, the [FR Doc. E6–6624 Filed 5–1–06; 8:45 am] improve our ability to observe, posting, until the completion of the Billing Code: 3510–DS–S understand, predict, and respond to review, of a bond or security in lieu of changes in the global environment. The a cash deposit for each entry of the Program builds on NOAA’s mission subject merchandise exported by DEPARTMENT OF COMMERCE requirements and long-standing Tosyali. We will apply the bonding capabilities in global change research National Oceanic and Atmospheric and prediction. The Program is a key option under 19 CFR 351.107(b)(1)(i) Administration only to entries from Tosyali for which contributing element of the U.S. Climate Change Science Program (CCSP) that is the respective producer under review is [Docket No.: 00061680–6107–12] coordinated by the interagency Tosc¸elik. NOAA Climate Program for FY 2007 Committee on Environmental and Interested parties that need access to Natural Resources (CENR). NOAA’s proprietary information in this new AGENCY: Climate Program Office, Climate Program is designed to shipper review should submit Oceanic and Atmospheric Research, complement other agencies’ applications for disclosure under Nastional Oceanic and Atmospheric contributions to that national effort. Administration, Department of administrative protective orders in DATES: accordance with 19 CFR 351.305 and Commerce. 351.306. ACTION: Notice of funding availability. Submission Dates and Times (for ALL Competitions) This initiation and notice are in SUMMARY: The National Oceanic and Letter of Intent Due Date: May 30, accordance with section 751(a) of the Atmospheric Administration (NOAA) 2006. by 5 p.m. eastern time. Act (19 U.S.C. 1675(a)) and 19 CFR Climate Program publishes this notice to 351.214(d). announce the availability of funding for Application Due Date: July 25, 2006 proposals that address the NOAA by 5 p.m. eastern time. Climate Program’s overall goal, which is Anticipated Award Date: May 1, 2007 to better understand climate variability ADDRESSES: Letters of Intent are and change to enhance society’s ability encouraged to be submitted by e-mail to

1 See Countervailing Duty Order: Certain Welded 2 See the March 30, 2006, submission to the 3 Id. Carbon Steel Pipe and Tube Products from Turkey, Department from Tos elik and Tosyali regarding 4 See 19 CFR 351.214(i). 51 FR 7984 (March 7, 1986). Request for New Shipper CVD Review. 5 Id.

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the identified NOAA program element’s private sectors, other federal and state Statutory Authority: 49 U.S.C. 44720(b), 33 program manager. agencies, and the international U.S.C. 883d, 15 U.S.C. 2904, 15 U.S.C. 2931– NOAA encourages the submission of community. The near-term objective is 2934. Catalog of Federal Domestic Assistance applications through Grants.gov. If the to provide reliable predictions of global (CFDA) Number: CFDA No. 11.431, Climate and Atmospheric Research. applicant does not have access to climate changes, both natural and electronic submission, please mail human-induced, and their associated Eligibility applications to: CPO Grants Manager, societal impacts on time scales ranging Eligible applicants are institutions of Diane Brown, NOAA/CPO, 1100 Wayne from seasons to a century or more. The higher education, other nonprofits, Avenue, Suite 1210, Silver Spring, MD ten competitions that are accepting commercial organizations, international 20910–5603, Facsimile transmissions of proposals are: The Atmospheric organizations, and State, local, and full proposals will not be accepted. To Composition and Climate Program; the Indian tribal governments. Federal apply for this NOAA federal funding Climate Change Data and Detection agencies or institutions are not eligible opportunity, please go to http:// Program; the Climate Dynamics and to receive Federal assistance under this www.grants.gov and use the following Experimental Prediction Program; the notice. funding opportunity OAR–CPO–2007– Climate Prediction Program for the 2000636. Americas; the Climate Variability and Cost Sharing Requirements FOR FURTHER INFORMATION CONTACT: Predictability Program; the Global Cost Sharing is only required in one Please visit the CPO Web site for further Carbon Cycle Program; the Regional program element competition which is information http:// Integrated Sciences and Assessments the Transition of Research Applications www.climate.noaa.gov. All technical Program; the Sector Applications and to Climate Services (TRACS) where the questions should be addressed to the Research Program; the Scientific Data Cost Share Percentage must be at least Stewardship Program; and the identified NOAA program element’s 5% of the total costs. The other nine Transition of Research Applications to program manager. For Administrative Competitions have no cost sharing Climate Services Program A full questions: Please contact the CPO requirement. description of the scope of the proposal Grants Manager, Diane Brown, NOAA/ for each of the ten competitions is Letters of Intent (LOI) CPO, 1100 Wayne Avenue, Suite 1210, contained in the full funding The purpose of the LOI process is to Silver Spring, MD 20910–5603, by opportunity announcement. provide information to potential phone at 301–427–2357, or e-mail: applicants on the relevance of their Funding Availability [email protected]. proposed project to the Climate program SUPPLEMENTARY INFORMATION: Please be advised that actual funding and the likelihood of it being funded in Applicants must comply with all levels will depend upon the final FY advance of preparing a full proposal. requirements contained in the Full 2007 budget appropriations. In FY 2006, While it is in the best interest of the Funding Opportunity announcement approximately $6M in first year funding applicants and their institutions to available on www.Grants.gov or from was available for 54 new awards; similar submit an LOI, it is not a requirement; CPO Grants Manager (see FOR FURTHER funds and number of awards are applicants who do not submit an LOI INFORMATION CONTACT section above). anticipated in FY 2007. Total are still allowed to submit a full Anticipated Federal Funding for FY Electronic Access proposal. Full proposals will be 2007 is $6M in first year funding for 40– encouraged only for LOIs deemed Applicants should read the full text of 60 number of awards. Federal Funding relevant. the Full Funding Opportunity for FY 2008 may be used in part to fund A panel of program managers will announcement available at http:// some awards submitted under this review each LOI to determine whether www.grants.gov. It can also be accessed competition. Current plans assume that the LOI is responsive to the program at the CPO Web site, http:// 100% of the total resources provided goals as advertised in this notice and www.climate.noaa.gov, or the central through this announcement will support will provide an e-mail or letter NOAA site, http://www.grants.gov/ extramural efforts, particularly those response. .ofa.noaa.gov/~amd/SOLINDEX.HTML. involving the broad academic community. Past or current grantees Selection Procedures Program Information funded under this announcement are NOAA published an omnibus notice The overall goal of the NOAA Climate eligible to apply for a new award that announcing the availability of grant Program is to better understand climate builds on previous activities or areas of funds for projects for Fiscal Year 2006 variability and change to enhance research not covered in the previous in the Federal Register on June 30, 2005 society’s ability to plan and respond. award. Current grantees should not (70 FR 37766), and its second on The Program aims to improve scientific request supplementary funding for December 20, 2005 (70 FR 76253). The understanding of the earth’s past and ongoing research through this evaluation criteria and selection present climate variability and change announcement. We anticipate that the procedures contained in those notices to improve climate forecast skill, annual cost of most funded projects will are applicable to this solicitation. For a increase the credibility of climate fall between $50,000 and $200,000 per copy of these omnibus notices, please go change projections, and the use of year. The exact amount of funds that to: http://www.grants.gov or http:// climate information for policy and may be awarded will be determined in www.ago.noaa.gov/grants/ decision makers and resource managers. pre-award negotiations between the funding.shtml. The broad objective of NOAA’s Climate applicant and NOAA representatives. Program is to establish a national Neither NOAA nor the Department of Limitation of Liability information service based on reliable Commerce is responsible for proposal Funding for the programs listed in assessments and quantitative preparation costs if this program is not this notice are contingent upon the predictions of changing global climate. funded for whatever reason. Publication availability of FY 2006 appropriations. Once established, this service will help of this announcement does not oblige In no event will NOAA or the NOAA provide high-quality predictions NOAA to award any specific project or Department of Commerce be responsible and assessments to the public and to obligate any available funds. for proposal preparation costs if these

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programs fail to receive funding or are Grants and Cooperative Agreements DEPARTMENT OF DEFENSE cancelled because of other agency contained in the Federal Register notice priorities. Publication of this of December 30, 2004 (69 FR 78389) are Office of the Secretary announcement does not oblige NOAA to applicable to this solicitation. award any specific project or to obligate Meeting of the Uniform Formulary any available funds. Paperwork Reduction Act Beneficiary Advisory Panel

National Environmental Policy Act This document contains collection-of- AGENCY: Department of Defense, (NEPA) information requirements subject to the Assistant Secretary of Defense (Health NOAA must analyze the potential Paperwork Reduction Act (PRA). The Affairs). use of Standard Forms 424 and 424A, environmental impacts, as required by ACTION: Notice of meeting. the National Environmental Policy Act 424B, SF–LLL, and CD–346 have been (NEPA), for applicant projects or approved by OMB under the respective SUMMARY: This notice announces a proposals that are seeking NOAA control numbers 0348–0043, 0348–0044, meeting of the Uniform Formulary federal funding opportunities. Detailed 0348–0040, 0348–0046, and 0605–0001. Beneficiary Advisory Panel. The panel information on NOAA compliance with Notwithstanding any other provision of will review and comment on NEPA can be found at the following law, no person is required to respond to, recommendations made to the Director, NOAA NEPA Web site: http:// nor shall any person be subject to a TRICARE Management Activity, by the www.nepa.noaa.gov/, including our penalty for failure to comply with, a Pharmacy and Therapeutics Committee NOAA Administrative Order 216–6 for collection of information subject to the regarding the Uniform Formulary. The NEPA, http://www.nepa.noaa.gov/ requirements of the PRA unless that meeting will be open to the public. NA0216l6lTOC.pdf, and the Council collection of information displays a Seating is limited and will be provided on Environmental Quality currently valid OMB control number. implementation regulations, http:// only to the first 220 people signing in. ceq.eh.doe.gov/nepa/regs/ceq/ Executive Order 12866 All persons must sign in legibly. Notice toc_ceq.htm. Consequently, as part of an of this meeting is required under the applicant’s package, and under their This notice has been determined to be Federal Advisory Committee Act. description of their program activities, not significant for purposes of Executive DATES: Thursday, June 29, 2006, from 8 applicants are required to provide Order 12866. a.m. to 4 p.m. detailed information on the activities to Executive Order 13132 (Federalism) be conducted, locations, sites, species ADDRESSES: Naval Heritage Center Theater, 701 Pennsylvania Avenue, and habitat to be affected, possible It has been determined that this notice NW., Washington, DC 20004. construction activities, and any does not contain policies with environmental concerns that may exist Federalism implications as that term is FOR FURTHER INFORMATION CONTACT: Mr. (e.g., the use and disposal of hazardous defined in Executive Order 13132. Rich Martel, TRICARE Management or toxic chemicals, introduction of non- Activity, Pharmacy Operations indigenous species, impacts to Intergovernmental Review Directorate, Beneficiary Advisory Panel, endangered and threatened species, Applications under this program are Suite 810, 5111 Leesburg Pike, Falls aquaculture projects, and impacts to Church, VA 22041, telephone 703–681– not subject to Executive Order 12372, coral reef systems). In addition to 0064 ext. 3672, fax 703–681–1242, or e- Intergovernmental Review of federal providing specific information that will mail at [email protected]. serve as the basis for any required programs. SUPPLEMENTARY INFORMATION: The impact analyses, applicants may also be Administrative Procedure Act/ requested to assist NOAA in drafting of Uniform Formulary Beneficiary Regulatory Flexibility Act an environmental assessment, if NOAA Advisory Panel will only review and determines an assessment is required. Prior notice and an opportunity for comment on the development of the Applicants will also be required to public comments are not required by the Uniform Formulary as reflected in the recommendations of the DOD Pharmacy cooperate with NOAA in identifying Administrative Procedure Act or any and Therapeutics (P&T) Committee and implementing feasible measures to other law for this rule concerning coming out of that body’s meeting in reduce or avoid any identified adverse grants, benefits, and contracts (5 U.S.C. environmental impacts of their May 2006. The P&T Committee 553(a). Because notice and opportunity information and subject matter proposal. The failure to do so shall be for comment are not required pursuant grounds for the denial of not selecting concerning drug classes reviewed for to 5 U.S.C. 553 or any other law, the an application. In some caes if that meeting are available at http:// analytical requirements of the additional information is required after pec.ha.osd.mil. Any private citizen is Regulatory Flexibility Act (5 U.S.C. 601 an application is selected, funds can be permitted to file a written statement withheld by the Grants Officer under a et seq.) are inapplicable. Therefore, a with the advisory panel. Statements special award condition requiring the regulatory flexibility analysis has not must be submitted electronically to recipient to submit additional been prepared. [email protected] no later than June 22, 2006. Any private citizen is environmental compliance information Mark Brown, sufficient to enable NOAA to make an permitted to speak at the Beneficiary Chief, Financial Officer, OAR, National Advisory Panel meeting, time assessment on any impacts that a project Oceanic and Atmospheric Administration. may have on the environment. permitting. One hour will be reserved [FR Doc. 06–4104 Filed 5–1–06; 8:45am] for public comments, and speaking The Department of Commerce Pre- BILLING CODE 3510–KD–M times will be assigned only to the first Award Notification Requirements for twelve citizens to sign up at the Grants and Cooperative Agreements meeting, on a first-come, first-served The Department of Commerce Pre- basis. The amount of time allocated to Award Notification Requirements for a speaker will not exceed five minutes.

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Dated: April 26, 2006. publishing Civilian Personnel Per Diem areas outside the continental United L.M. Bynum, Bulletin Number 244. This bulletin lists States. It supersedes Civilian Personnel OSD Federal Register Liaison Officer, DoD. revisions in the per diem rates Per Diem Bulletin Number 243. [FR Doc. 06–4109 Filed 5–1–06; 8:45 am] prescribed for U.S. Government Distribution of Civilian Personnel Per BILLING CODE 5001–06–M employees for official travel in Alaska, Diem Bulletins by mail was Hawaii, Puerto Rico, the Northern discontinued. Per Diem Bulletins Mariana Islands and Possessions of the published periodically in the Federal DEPARTMENT OF DEFENSE United States. AEA changes announced Register now constitute the only in Bulletin Number 194 remain in effect. notification of revision in per diem rates Office of the Secretary Bulletin Number 244 is being published to agencies and establishments outside in the Federal Register to assure that the Department of Defense. For more Revised Non-Foreign Overseas Per travelers are paid per diem at the most information or questions about per diem Diem Rates current rates. rates, please contact your local travel AGENCY: DoD, Per Diem, Travel and DATES: Effective Date: May 1, 2006. office. The text of the Bulletin follows: Transportation Allowance Committee. Dated: April 26, 2006. SUPPLEMENTARY INFORMATION: This ACTION: Notice of Revised Non-Foreign L.M. Bynum, Overseas Per Diem Rates. document gives notice of revisions in per diem rates prescribed by the Per Alternate OSD Federal Register Liaison SUMMARY: The Per Diem, Travel and Diem Travel and Transportation Officer, DoD. Transportation Allowance Committee is Allowance Committee for non-foreign BILLING CODE 5001–06–M

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[FR Doc. 06–4110 Filed 5–1–06; 8:45 am] BILLING CODE 5001–06–C

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DEPARTMENT OF DEFENSE sg_eis.htm. Printed and compact disc SUMMARY: The IC Clearance Official, (CD) copies of the EIS are available for Regulatory Information Management Department of the Army, Corps of review at the following locations: Services, Office of Management, invites Engineers • U.S. Army Corps of Engineers, comments on the proposed information Pittsburgh District, 2200 William S. collection requests as required by the Notice of Availability of the Final Paperwork Reduction Act of 1995. Environmental Impact Statement, Moorhead Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 15222 DATES: Interested persons are invited to Dated April 2006, for Commercial Sand • and Gravel Dredging Operations in the Carnegie Library of Pittsburgh, 4400 submit comments on or before July 3, Allegheny and Ohio Rivers, PA Forbes Avenue, Pittsburgh, PA 15213 2006. • Carnegie Library of Pittsburgh, 5 SUPPLEMENTARY INFORMATION: Section AGENCY: U.S. Army Corps of Engineers, Allegheny Square, Pittsburgh, PA DOD. 15212 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires ACTION: Notice of availability. • Oakmont Public Library, 700 Allegheny River Blvd., Oakmont, PA that the Office of Management and SUMMARY: The U.S. Army Corps of 15139 Budget (OMB) provide interested Engineers, Pittsburgh District (Corps) is • Springdale Free Public Library, 331 Federal agencies and the public an early issuing this notice to advise the public School Street, Springdale, PA 15144 opportunity to comment on information that a final Environmental Impact • People’s Library, 3052 Wachter collection requests. OMB may amend or Statement (EIS) has been completed and Avenue, New Kensington, PA 15068 waive the requirement for public is available for review in compliance • People’s Library, 880 Barnes Street, consultation to the extent that public with the National Environmental Policy New Kensington, PA 15068 participation in the approval process Act (NEPA). The overall purpose of the • Community Library of Allegheny, would defeat the purpose of the EIS is to evaluate the environmental 1522 Broadview Blvd., Natrona information collection, violate State or consequences for issuing of Section 10 Heights, PA 15065 Federal law, or substantially interfere and 404 permits for Commercial Sand • Freeport Area Library, 428 Market with any agency’s ability to perform its and Gravel Dredging in the Allegheny Street, Freeport, PA 16229 statutory obligations. The IC Clearance River (River Miles 0–69.5) and the Ohio • Ford City Public Library, 1136 4th Official, Regulatory Information River (River Miles 0–40). Avenue, Ford City, PA 16226 Management Services, Office of DATES: Submit comments by May 22, • Kittanning Public Library, 280 N. Management, publishes that notice 2006. Jefferson Street, Kittanning, PA 16201 containing proposed information collection requests prior to submission ADDRESSES: U.S. Army Corps of • Sewickley Public Library, 500 Thorn of these requests to OMB. Each Engineers, Pittsburgh District; ATTN: Street, Sewickley, PA 15143 proposed information collection, Regulatory Branch; 1000 Liberty • Beaver Area Memorial Library, 100 Avenue; Pittsburgh, PA 15222–4186. College Avenue, Beaver, PA 15009 grouped by office, contains the Comments may also be submitted by • Monaca Public Library, 609 following: (1) Type of review requested, electronic mail to Pennsylvania Avenue, Monaca, PA e.g. new, revision, extension, existing or [email protected]. 15061 reinstatement; (2) Title; (3) Summary of • Rochester Public Library, 252 Adams the collection; (4) Description of the FOR FURTHER INFORMATION CONTACT: Mr. Street, Rochester, PA 15074 need for, and proposed use of, the Scott Hans, Pittsburgh District • information; (5) Respondents and Regulatory Branch, at (412) 395–7154. New Brighton Public Library, 1021 3rd Avenue, New Brighton, PA 15066 frequency of collection; and (6) SUPPLEMENTARY INFORMATION: The Corps • Baden Memorial Library, 385 State Reporting and/or Recordkeeping circulated a draft Environmental Impact Street, Baden, PA 15005 burden. OMB invites public comment. Statement on Commercial Sand and • B. F. Jones Memorial Library, 663 The Department of Education is Gravel Dredging Operations for Franklin Avenue, Aliquippa, PA especially interested in public comment comment in June of 2002. Based on 15001 addressing the following issues: (1) Is comments received and additional • Carnegie Free Library, 61 9th Street, this collection necessary to the proper environmental review, a new alternative Midland, PA 15059 functions of the Department; (2) will was developed. This alternative is • Laughlin Memorial Free Library, 99 this information be processed and used identified as Alternative 3 in the final 11th Street, Ambridge, PA 15003 in a timely manner; (3) is the estimate EIS, and is the selected or preferred of burden accurate; (4) how might the alternative. Under this alternative the A printed copy or CD of the EIS may be obtained by contacting Mr. Hans in Department enhance the quality, utility, Corps could re-authorize Department of and clarity of the information to be the Army permits to Hanson Aggregates writing at the mailing or electronic mail address provided above. collected; and (5) how might the PMA, Inc., Tri-State River Products, Department minimize the burden of this Inc., and Glacial Sand and Gravel Dated: April 27, 2006. collection on the respondents, including Company for commercial dredging David B. Olson, through the use of information activities within portions of the Ohio Federal Register Liaison Officer, U.S. Army technology. and Allegheny Rivers within Corps of Engineers. Dated: April 26, 2006. Pennsylvania. Such authorization [FR Doc. E6–6622 Filed 5–1–06; 8:45 am] Angela C. Arrington, would include new standard conditions BILLING CODE 3710–92–P and additional site specific conditions IC Clearance Official, Regulatory Information developed through an adaptive Management Services, Office of Management. management process. Such conditions DEPARTMENT OF EDUCATION Institute of Education Sciences should avoid, minimize and mitigate for Type of Review: Reinstatement. potential adverse environmental Notice of Proposed Information impacts associated with the dredging. Collection Requests Title: Academic Libraries Survey: The EIS is available for review online 2006–2008. at http://www.lrp.usace.army.mil/ AGENCY: Department of Education. Frequency: Biennially.

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Affected Public: Not-for-profit of the general public of their Assessment of Educational Progress institutions; State, Local, or Tribal opportunity to attend. Individuals who (NAEP). The Board’s responsibilities Gov’t, SEAs or LEAs. will need special accommodations in include selecting subject areas to be Reporting and Recordkeeping Hour order to attend the meeting (i.e., assessed, developing assessment Burden: interpreting services, assistive listening objectives, developing appropriate Responses: 3,236. devices, materials in alternative format) student achievement levels for each Burden Hours: 5,393. should notify Munira Mwalimu at 202– grade and subject tested, developing Abstract: The Academic Libraries 357–6938 or at guidelines for reporting and Survey has been a component of the [email protected] no later than disseminating results, and developing Integrated Postsecondary Education May 1, 2006. We will attempt to meet standards and procedures for interstate Data System. Since 2002 it has been a requests after this date, but cannot and national comparisons. separate biennial survey. Changes to the guarantee availability of the requested The Ad Hoc Committee on Planning survey itself are minor from prior accommodation. The meeting site is for NAEP 12th Grade Assessments in collections of this universe survey. The accessible to individuals with 2009 will meet in open session on may data are collected on the Web and disabilities. 18 from 12 p.m. to 2 p.m. The consist of information about library Assessment Development Committee DATES: May 18–20, 2006. holdings, library staff, library services will meet in Open Session on May 18 and usage, library technology, library Times from 2 p.m. to 4 p.m. and the Reporting budget and expenditures for 4300 and Dissemination Committee will meet May 18 academic libraries in the U.S. in open session on May 18 from 2 p.m. Requests for copies of the proposed Committee Meetings to 4:30 p.m. Thereafter, the Executive information collection request may be Ad Hoc Committee on Planning for Committee will meet in open session accessed from http://edicsweb.ed.gov, NAEP 12th Grade Assessments in 2009: from 4:45 p.m. to 5:15 p.m. The Executive Committee will meet in by selecting the ‘‘Browse Pending Open Session—12 p.m. to 2 p.m. Collections’’ link and by clicking on Assessment Development Committee: closed session on May 18, 2006 from 5:15 p.m. to 6:15 p.m. The Committee link number 3071. When you access the Open Session—2 p.m. to 4 p.m. information collection, click on Reporting and Dissemination will receive independent government ‘‘Download Attachments’’ to view. Committee: Open Session—2 p.m. to cost estimates from the Associate Written requests for information should 4:30 p.m. Commissioner, National Center for be addressed to U.S. Department of Executive Committee: Open Session— Education Statistics (NCES), for current Education, 400 Maryland Avenue, SW., 4:45 p.m. to 5:15 p.m.; Closed Session contracts and proposed contracts for Potomac Center, 9th Floor, Washington, 5:15 p.m. to 6:15 p.m. item development, sample selection, DC 20202–4700. Requests may also be analysis, and reporting of NAEP testing electronically mailed to IC May 19 for 2007–2012, and their implications [email protected] or faxed to 202–245– Full Board: Open Session—8:30 a.m. on future NAEP activities. The 6623. Please specify the complete title to 4:30 p.m. discussion of independent government of the information collection when cost estimates prior to the development Committee Meetings making your request. of the Request for Proposals for the Comments regarding burden and/or Assessment Development Committee: National Assessment of Educational the collection activity requirements Open Session—9:45 a.m. to 12:15 p.m. Progress (NAEP) 2007–2012 contracts is should be electronically mailed to IC Committee on Standards, Design and necessary for ensuring that NAEP [email protected]. Individuals who use Methodology: Open Session—9:45 a.m. contracts meet congressionally a telecommunications device for the to 12:15 p.m. mandated goals and adhere to Board deaf (TDD) may call the Federal Reporting and Dissemination policies on NAEP assessments. This part Information Relay Service (FIRS) at 1– Committee: Open Session—9:45 a.m. to of the meeting must be conducted in 800–877–8339. 12:15 p.m. closed session because public disclosure of this information would likely have an May 20 [FR Doc. E6–6587 Filed 5–1–06; 8:45 am] adverse financial effect on the NAEP BILLING CODE 4000–01–P Nominations Committee: Closed program and will provide an advantage Session—7:45 a.m. to 8:30 a.m. to potential bidders attending the Full Board: Closed Session—9 a.m. to meeting. Discussion of this information DEPARTMENT OF EDUCATION 9:15 a.m.; Open Session—9:15 a.m. to would be likely to significantly impede 12 p.m. implementation of a proposed agency National Assessment Governing Location: The Ritz-Carlton Dearborn, Board; Meeting action is conducted in open session. 300 Town Center Drive, Fairlane Plaza, Such matters are protected by AGENCY: National Assessment Dearborn, MI 48126. exemption 9(B) of section 552b(c) of Governing Board, Education. FOR FURTHER INFORMATION: Munira Title 5 U.S.C. ACTION: Notice of open meeting and Mwalimu, Operations Officer, National On May 19, the full Board will meet partially closed meeting. Assessment Governing Board, 800 North in open session from 8:30 a.m. to 4:30 Capitol Street, NW., Suite 825, p.m. From 8:30 a.m. to 9:30 a.m. the SUMMARY: The notice sets forth the Washington, DC, 20002–4233, Board will approve the agenda, receive schedule and proposed agenda of a Telephone: (202) 357–6938. the Executive Director’s report, and hear forthcoming meeting of the National SUPPLEMENTARY INFORMATION: The an update on the work of the National Assessment Governing Board. This National Assessment Governing Board Center for Education Statistics (NCES). notice also describes the functions of is established under section 412 of the From 9:45 a.m. to 12:15 p.m. on May the Board. Notice of this meeting is National Education Statistics Act of 19, the Board’s standing committees— required under section 10(a)(2) of the 1994, as amended. the Assessment Development Federal Advisory Committee Act. This The Board is established to formulate Committee; the Committee on document is intended to notify members policy guidelines for the National Standards, Design and Methodology;

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and the Reporting and Dissemination public within 14 days of the meeting. who wish to make oral statements Committee—will meet in open session. Records are kept of all Board pertaining to agenda items should On May 19, the full Board will meet proceedings and are available for public contact Erik Olds’ office at the address in closed session from 12:15 p.m. to inspection at the U.S. Department of or telephone number listed above. 1:30 p.m. The Board will receive a Education, National Assessment Requests must be received five days briefing provided by the Associate Governing Board, Suite 825, 800 North prior to the meeting and reasonable Commissioner, NCES, on the NAEP Capitol Street, NW., Washington, DC, provision will be made to include the 2005 Science results for grades 4, 8, and from 9 a.m. to 5 p.m. eastern standard presentation in the agenda. The Deputy 12. The NAEP 2005 Science data time. Designated Federal Officer is constitute a major basis for the national Dated: April 26, 2006. empowered to conduct the meeting in a release of the Science Report Card in fashion that will facilitate the orderly Charles E. Smith, late May 2006, and cannot be released conduct of business. Individuals in an open meeting prior to the official Executive Director, National Assessment wishing to make public comment will release of the reports. The meeting must Governing Board. be provided a maximum of five minutes therefore be conducted in closed session [FR Doc. 06–4092 Filed 5–1–05; 8:45 am] to present their comments. as disclosure of data would significantly BILLING CODE 4000–01–M Minutes: The minutes of this meeting impede implementation of the NAEP will be available for public review and release activities, and is therefore copying at the U.S. Department of protected by exemption 9(B) of section DEPARTMENT OF ENERGY Energy’s Freedom of Information Public 552b(c) of Title 5 U.S.C. Reading Room, 1E–190, Forrestal On May 19, from 1:30 p.m. to 2:30 Environmental Management Site- Building, 1000 Independence Avenue, p.m. the Board will discuss and take Specific Advisory Board, Hanford SW., Washington, DC 20585 between 9 action on the NAEP 12th Grade AGENCY: Department of Energy. a.m. and 4 p.m., Monday-Friday, except Mathematics Objectives. This session Federal holidays. Minutes will also be ACTION: Notice of open meeting. will be followed by a panel presentation available by writing to Erik Olds’ office and discussion of the Michigan High SUMMARY: This notice announces a at the address or telephone number School initiative, upon which the May meeting of the Environmental listed above. 19 session of the Board meeting will Management Site-Specific Advisory Issued at Washington, DC on April 26, conclude. Board (EM SSAB), Hanford. The Federal 2006. On May 20, 2006 from 7:45 a.m. to Advisory Committee Act (Pub. L. 92– Rachel M. Samuel, 8:30 a.m. the Nominations Committee 463, 86 Stat. 770) requires that public will meet in closed session to discuss Deputy Advisory Committee Management notice of this meeting be announced in Officer. nominations for Board vacancies. the Federal Register. Following this meeting on May 20 form [FR Doc. E6–6606 Filed 5–1–06; 8:45 am] 9 a.m. to 9:15 a.m. the full Board will DATES: Thursday, June 1, 2006, 9 a.m.– BILLING CODE 6450–01–P meet in closed session to review the 5 p.m. Friday, June 2, 2006, 8:30 a.m.– final list of nominations prior to 4 p.m. DEPARTMENT OF ENERGY submission to the Secretary of ADDRESSES: Red Lion Hotel, 621 21st Education. Board action on the Street, Lewiston, Idaho 83501, Phone Office of Science nominations will follow thereafter in Number: (208) 748–1033, Fax Number: open session. The May 20 discussions of (208) 746–9467. High Energy Physics Advisory Panel the Nominations Committee and of the FOR FURTHER INFORMATION CONTACT: Erik AGENCY: Department of Energy. full Board in closed sessions pertain Olds, Federal Coordinator, Department ACTION: solely to internal personnel rules and of Energy Richland Operations Office, Notice of open meeting. practices of an agency and will disclose 2440 Stevens Drive, P.O. Box 450, H6– SUMMARY: This notice announces a information of a personal nature where 60, Richland, WA, 99352; Phone: (509) meeting of the High Energy Physics disclosure would constitute an 376–8656; Fax: (509) 376–1214. Advisory Panel (HEPAP). Federal unwarranted invasion of personal SUPPLEMENTARY INFORMATION: Advisory Committee Act (Pub. L. 92– privacy. As such, the discussion are Purpose of the Board: The purpose of 463, 86 Stat. 770) requires that public protected by exemptions 2 and 6 of the Board is to make recommendations notice of these meetings be announced section 552b(c) of Title 5 U.S.C. to DOE in the areas of environmental in the Federal Register. The full Board will convene in open restoration, waste management, and session on May 20 from 9:15 a.m. to 12 DATES: Thursday, July 6, 2006; 9 a.m. to related activities. p.m. At 9 a.m., the Board will receive 6 p.m. and Friday, July 7, 2006; 9 a.m. Tentative Agenda: a briefing on how sampling works in to 4 p.m. • NAEP. This will be followed by an Ground Water Tutorial ADDRESSES: The Latham Hotel, • update on the NAEP 2011 Writing Fiscal Year 2007 Hanford Advisory Georgetown, 3000 M Street, NW., Framework project from 9:45 a.m. to Board Priorities Washington, DC 20007. • 10:30 a.m. Board actions on policies and CERCLA Five-Year Review and FOR FURTHER INFORMATION CONTACT: John Committee reports are scheduled to take outreach activities Kogut, Executive Secretary; High Energy • place between 10:45 a.m. and 12 p.m., Tri-Party Agreement, Milestone M–15 Physics Advisory Panel; U.S. • upon which the May 20, 2006 session of Waste Treatment and Immobilization Department of Energy; SC–25/ the Board meeting will adjourn. Plant, Estimate at Completion Germantown Building, 1000 Detailed minutes of the meeting, • Labor and Industries Report on Independence Avenue, SW., including summaries of the activities of Compensation Program Washington, DC 20585–1290; the closed sessions and related matters Public Participation: The meeting is Telephone: 301–903–1298. that are informative to the public and open to the public. Written statements SUPPLEMENTARY INFORMATION: consistent with the policy of section 5 may be filed with the Board either Purpose of Meeting: To provide U.S.C. 552b(c) will be available to the before or after the meeting. Individuals advice and guidance on a continuing

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basis with respect to the high energy and Substitute Fourth Revised Sheet No. Any person desiring to intervene or to physics research program. 291, with an effective date of April 10, protest this filing must file in Tentative Agenda: Agenda will 2006. accordance with Rules 211 and 214 of include discussions of the following: Any person desiring to protest this the Commission’s Rules of Practice and Thursday, July 6, 2006, and Friday, July filing must file in accordance with Rule Procedure (18 CFR 385.211 and 7, 2006. 211 of the Commission’s Rules of 385.214). Protests will be considered by • Discussion of Department of Energy Practice and Procedure (18 CFR the Commission in determining the High Energy Physics Program 385.211). Protests to this filing will be appropriate action to be taken, but will • Discussion of National Science considered by the Commission in not serve to make protestants parties to Foundation Elementary Particle determining the appropriate action to be the proceeding. Any person wishing to Physics Program taken, but will not serve to make become a party must file a notice of • Reports on and Discussions of Topics protestants parties to the proceeding. intervention or motion to intervene, as of General Interest in High Energy Such protests must be filed in appropriate. Such notices, motions, or Physics accordance with the provisions of protests must be filed in accordance • Public Comment (10-minute rule) section 154.210 of the Commission’s with the provisions of section 154.210 Public Participation: The meeting is regulations (18 CFR 154.210). Anyone of the Commission’s regulations (18 CFR open to the public. If you would like to filing a protest must serve a copy of that 154.210). Anyone filing an intervention file a written statement with the Panel, document on all the parties to the or protest must serve a copy of that you may do so either before or after the proceeding. document on the Applicant. Anyone meeting. If you would like to make oral The Commission encourages filing an intervention or protest on or statements regarding any of these items electronic submission of protests in lieu before the intervention or protest date on the agenda, you should contact John of paper using the ‘‘eFiling’’ link at need not serve motions to intervene or Kogut, 301–903–1298 or http://www.ferc.gov. Persons unable to protests on persons other than the [email protected] (e-mail). file electronically should submit an Applicant. You must make your request for an oral original and 14 copies of the protest to The Commission encourages statement at least 5 business days before the Federal Energy Regulatory electronic submission of protests and the meeting. Reasonable provision will Commission, 888 First Street, NE., interventions in lieu of paper using the be made to include the scheduled oral Washington, DC 20426. ‘‘eFiling’’ link at http://www.ferc.gov. statements on the agenda. The This filing is accessible online at Persons unable to file electronically Chairperson of the Panel will conduct http://www.ferc.gov, using the should submit an original and 14 copies the meeting to facilitate the orderly ‘‘eLibrary’’ link and is available for of the protest or intervention to the conduct of business. Public comment review in the Commission’s Public Federal Energy Regulatory Commission, will follow the 10-minute rule. Reference Room in Washington, DC. 888 First Street, NE., Washington, DC Minutes: The minutes of the meeting There is an ‘‘eSubscription’’ link on the 20426. will be available for public review and Web site that enables subscribers to This filing is accessible online at copying within 90 days at the Freedom receive e-mail notification when a http://www.ferc.gov, using the of Information Public Reading Room; document is added to a subscribed ‘‘eLibrary’’ link and is available for Room 1E–190; Forrestal Building; 1000 docket(s). For assistance with any FERC review in the Commission’s Public Independence Avenue, SW., Online service, please e-mail Reference Room in Washington, DC. Washington, DC between 9 a.m. and 4 [email protected], or call There is an ‘‘eSubscription’’ link on the p.m., Monday through Friday, except (866) 208–3676 (toll free). For TTY, call Web site that enables subscribers to Federal holidays. (202) 502–8659. receive e-mail notification when a document is added to a subscribed Magalie R. Salas, Issued at Washington, DC on April 26, docket(s). For assistance with any FERC 2006. Secretary. Online service, please e-mail R. Samuel, [FR Doc. E6–6580 Filed 5–1–06; 8:45 am] [email protected], or call Deputy Advisory Committee Management BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call Officer. (202) 502–8659. [FR Doc. E6–6605 Filed 5–1–06; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Magalie R. Salas, Secretary. Federal Energy Regulatory [FR Doc. E6–6578 Filed 5–1–06; 8:45 am] Commission DEPARTMENT OF ENERGY BILLING CODE 6717–01–P [Docket No. RP00–305–027] Federal Energy Regulatory Commission CenterPoint Energy—Mississippi River DEPARTMENT OF ENERGY [Docket No. RP06–267–001] Transmission Corporation; Notice of Negotiated Rate Filing Federal Energy Regulatory CenterPoint Energy-Mississippi River Commission April 26, 2006. Transmission Corporation; Notice of [Docket No. RP00–305–028] Compliance Filing Take notice that on April 20, 2006, CenterPoint Energy—Mississippi River CenterPoint Energy—Mississippi River April 26, 2006. Transmission Corporation (MRT) Transmission Corporation; Notice of Take notice that on April 20, 2006, tendered for filing and approval a Negotiated Rate Filing CenterPoint Energy-Mississippi River negotiated rate agreement between MRT Transmission Corporation (MRT) and CenterPoint Energy Services, Inc. April 26, 2006. tendered for filing as part of its FERC MRT requests that the Commission Take notice that on April 20, 2006, Gas Tariff, Third Revised Volume No. 1, accept and approve the transaction to be CenterPoint Energy—Mississippi River Substitute Fourth Revised Sheet No. 265 effective May 1, 2006. Transmission Corporation (MRT)

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tendered for filing and approval a DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY negotiated rate agreement between MRT and Laclede Energy Resources, Inc. Federal Energy Regulatory Federal Energy Regulatory MRT requests that the Commission Commission Commission accept and approve the transaction to be effective May 1, 2006. [Docket No. RP06–259–001] [Docket No. RP06–311–000] Any person desiring to intervene or to Columbia Gas Transmission Columbia Gas Transmission protest this filing must file in Corporation; Notice of Compliance Corporation; Notice of Proposed accordance with Rules 211 and 214 of Filing Changes in FERC Gas Tariff the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and April 25, 2006. April 25, 2006. 385.214). Protests will be considered by Take notice that on April 17, 2006, Take notice that on April 19, 2006, the Commission in determining the Columbia Gas Transmission Corporation Columbia Gas Transmission Corporation appropriate action to be taken, but will (Columbia) tendered for filing data tendered for filing as part of its FERC not serve to make protestants parties to underlying its revised fuel retainage Gas Tariff, Second Revised Volume No. the proceeding. Any person wishing to percentages for transportation, 1, the following revised tariff sheets become a party must file a notice of gathering, and storage services, under with a proposed effective date of May intervention or motion to intervene, as section 35 of the General Terms and 19, 2006: appropriate. Such notices, motions, or Conditions of its tariff. Fifth Revised Sheet No. 538. protests must be filed in accordance Columbia states that the filing is being Second Revised Sheet No. 539. with the provisions of section 154.210 made in compliance with the Original Sheet No. 540. of the Commission’s regulations (18 CFR Commission’s March 31, 2006 order in Any person desiring to intervene or to 154.210). Anyone filing an intervention this proceeding. protest this filing must file in or protest must serve a copy of that Any person desiring to protest this accordance with Rules 211 and 214 of document on the Applicant. Anyone filing must file in accordance with Rule the Commission’s Rules of Practice and filing an intervention or protest on or 211 of the Commission’s Rules of Procedure (18 CFR 385.211 and before the intervention or protest date Practice and Procedure (18 CFR 385.214). Protests will be considered by need not serve motions to intervene or 385.211). Protests to this filing will be the Commission in determining the protests on persons other than the considered by the Commission in appropriate action to be taken, but will Applicant. determining the appropriate action to be not serve to make protestants parties to taken, but will not serve to make the proceeding. Any person wishing to The Commission encourages protestants parties to the proceeding. become a party must file a notice of electronic submission of protests and Such protests must be filed on or before intervention or motion to intervene, as interventions in lieu of paper using the the date as indicated below. Anyone appropriate. Such notices, motions, or ‘‘eFiling’’ link at http://www.ferc.gov. filing a protest must serve a copy of that protests must be filed in accordance Persons unable to file electronically document on all the parties to the with the provisions of section 154.210 should submit an original and 14 copies proceeding. of the Commission’s regulations (18 CFR of the protest or intervention to the The Commission encourages 154.210). Anyone filing an intervention Federal Energy Regulatory Commission, electronic submission of protests in lieu or protest must serve a copy of that 888 First Street, NE., Washington, DC of paper using the ‘‘eFiling’’ link at document on the Applicant. Anyone 20426. http://www.ferc.gov. Persons unable to filing an intervention or protest on or This filing is accessible online at file electronically should submit an before the intervention or protest date http://www.ferc.gov, using the original and 14 copies of the protest to need not serve motions to intervene or ‘‘eLibrary’’ link and is available for the Federal Energy Regulatory protests on persons other than the review in the Commission’s Public Commission, 888 First Street, NE., Applicant. Reference Room in Washington, DC. Washington, DC 20426. The Commission encourages electronic submission of protests and There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at interventions in lieu of paper using the Web site that enables subscribers to http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. receive e-mail notification when a ‘‘eLibrary’’ link and is available for review in the Commission’s Public Persons unable to file electronically document is added to a subscribed Reference Room in Washington, DC. should submit an original and 14 copies docket(s). For assistance with any FERC There is an ‘‘eSubscription’’ link on the of the protest or intervention to the Online service, please e-mail Web site that enables subscribers to Federal Energy Regulatory Commission, [email protected], or call receive e-mail notification when a 888 First Street, NE., Washington, DC (866) 208–3676 (toll free). For TTY, call document is added to a subscribed 20426. (202) 502–8659. docket(s). For assistance with any FERC This filing is accessible on-line at Magalie R. Salas, Online service, please e-mail http://www.ferc.gov, using the [email protected], or call ‘‘eLibrary’’ link and is available for Secretary. (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public [FR Doc. E6–6579 Filed 5–1–06; 8:45 am] (202) 502–8659. Reference Room in Washington, DC. BILLING CODE 6717–01–P Protest Date: 5 p.m. eastern time on There is an ‘‘eSubscription’’ link on the May 2, 2006. Web site that enables subscribers to receive e-mail notification when a Magalie R. Salas, document is added to a subscribed Secretary. docket(s). For assistance with any FERC [FR Doc. E6–6563 Filed 5–1–06; 8:45 am] Online service, please e-mail BILLING CODE 6717–01–P [email protected], or call

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(866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. (202) 502–8659. (202) 502–8659. There is an ‘‘eSubscription’’ link on the Protest Date: 5 p.m. eastern time on Web site that enables subscribers to Magalie R. Salas, May 1, 2006. receive e-mail notification when a Secretary. Magalie R. Salas, document is added to a subscribed [FR Doc. E6–6569 Filed 5–1–06; 8:45 am] docket(s). For assistance with any FERC Secretary. BILLING CODE 6717–01–P Online service, please e-mail [FR Doc. E6–6562 Filed 5–1–06; 8:45 am] [email protected], or call BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call DEPARTMENT OF ENERGY (202) 502–8659. Federal Energy Regulatory DEPARTMENT OF ENERGY Magalie R. Salas, Commission Secretary. Federal Energy Regulatory [FR Doc. E6–6568 Filed 5–1–06; 8:45 am] [Docket No. RP04–119–005] Commission BILLING CODE 6717–01–P Dominion Transmission, Inc.; Notice of [Docket No. RP06–310–000] Annual Report on Operational Sales of Gas El Paso Natural Gas Company; Notice DEPARTMENT OF ENERGY of Proposed Changes in FERC Gas April 25, 2006. Tariff Federal Energy Regulatory Take notice that on April 6, 2006, Commission Dominion filed an Annual Report on April 25, 2006. [Docket No. RP06–308–001] Operational Sales of Gas for the period Take notice that on April 14, 2006, El April 1, 2005 through March 31, 2006 in Paso Natural Gas Company tendered for filing as part of its FERC Gas Tariff, Entrega Gas Pipeline LLC; Notice of compliance with section 42.D of the Correction to Tariff Filing General Terms and Conditions (GT&C) Second Revised Volume No. 1–A, the of its tariff, which requires Dominion on following tariff sheet, to become April 26, 2006. June 30 of each year to submit its annual effective June 1, 2006: Take notice that on April 20, 2006, report on the sale of gas that is Ninth Revised Sheet No. 21. Rockies Express Pipeline LLC (Rockies incidental to its operations covering the First Revised Sheet No. 25B. Express), formerly Entrega Gas Pipeline 12 month period from April 1 to March First Revised Sheet No. 25C. LLC (Entrega), resubmitted the tariff 31. Dominion reports that it made no Any person desiring to intervene or to sheets it filed on April 14, 2006, to operational sales of gas during this protest this filing must file in correct the effective date contained in period. accordance with Rules 211 and 214 of the footer of the tariff sheets to May 15, Any person desiring to protest this the Commission’s Rules of Practice and 2006, and to insert the sentence: ‘‘Filed filing must file in accordance with Rule Procedure (18 CFR 385.211 and to comply with order of the Federal 211 of the Commission’s Rules of 385.214). Protests will be considered by Energy Regulatory Commission, Docket Practice and Procedure (18 CFR the Commission in determining the No. CP04–413–000, et al., issued on 385.211). Protests to this filing will be appropriate action to be taken, but will March 30, 2006, 114 FERC ¶ 61,326’’ on considered by the Commission in not serve to make protestants parties to Sheet Nos. 108, 219 and 244. determining the appropriate action to be the proceeding. Any person wishing to Any person desiring to protest this taken, but will not serve to make become a party must file a notice of filing must file in accordance with Rule protestants parties to the proceeding. intervention or motion to intervene, as 211 of the Commission’s Rules of Such protests must be filed on or before appropriate. Such notices, motions, or Practice and Procedure (18 CFR the date as indicated below. Anyone protests must be filed in accordance 385.211). Protests to this filing will be filing a protest must serve a copy of that with the provisions of section 154.210 considered by the Commission in document on all the parties to the of the Commission’s regulations (18 CFR determining the appropriate action to be proceeding. 154.210). Anyone filing an intervention taken, but will not serve to make The Commission encourages or protest must serve a copy of that protestants parties to the proceeding. electronic submission of protests in lieu document on the Applicant. Anyone Such protests must be filed in of paper using the ‘‘eFiling’’ link at filing an intervention or protest on or accordance with the provisions of http://www.ferc.gov. Persons unable to before the intervention or protest date section 154.210 of the Commission’s file electronically should submit an need not serve motions to intervene or regulations (18 CFR 154.210). Anyone original and 14 copies of the protest to protests on persons other than the filing a protest must serve a copy of that the Federal Energy Regulatory Applicant. document on all the parties to the Commission, 888 First Street, NE., The Commission encourages proceeding. Washington, DC 20426. electronic submission of protests and The Commission encourages This filing is accessible online at interventions in lieu of paper using the electronic submission of protests in lieu http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. of paper using the ‘‘eFiling’’ link at ‘‘eLibrary’’ link and is available for Persons unable to file electronically http://www.ferc.gov. Persons unable to review in the Commission’s Public should submit an original and 14 copies file electronically should submit an Reference Room in Washington, DC. of the protest or intervention to the original and 14 copies of the protest to There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, the Federal Energy Regulatory Web site that enables subscribers to 888 First Street, NE., Washington, DC Commission, 888 First Street, NE., receive e-mail notification when a 20426. Washington, DC 20426. document is added to a subscribed This filing is accessible online at This filing is accessible online at docket(s). For assistance with any FERC http://www.ferc.gov, using the http://www.ferc.gov, using the Online service, please e-mail ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for [email protected], or call review in the Commission’s Public review in the Commission’s Public

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Reference Room in Washington, DC. Power Company, Limited (Princeton), a party to effectuate sales of electric There is an ‘‘eSubscription’’ link on the Canadian utility. Petitioners state that energy, capacity, or ancillary services at Web site that enables subscribers to this change in status does not reflect a wholesale. receive e-mail notification when a departure from the characteristics the 6. Petitioners state that Fortis Parent document is added to a subscribed Commission relied upon in granting has acquired Princeton, a utility serving docket(s). For assistance with any FERC market-based rate authority to either 3,200 customers in British Columbia. Online service, please e-mail FortisOntario or FortisUS. Petitioners Petitioners state that Princeton does not [email protected], or call state that they believe that this notice is own generation or transmission (866) 208–3676 (toll free). For TTY, call not required but are submitting it ‘‘out facilities and is exclusively engaged in (202) 502–8659. of an abundance of caution because the business of distributing electric Order No. 652 does not, by its express energy to its customers. Petitioners also Magalie R. Salas, terms, exclude changes in status state that Princeton’s distribution Secretary. resulting from the acquisition of electric operations are located exclusively [FR Doc. E6–6572 Filed 5–1–06; 8:45 am] generation and transmission facilities within Canada and are not directly BILLING CODE 6717–01–P located wholly outside of the United interconnected with the United States, States.’’ 4 and that none of Princeton’s facilities 3. Petitioners state that, as more fully could be used by any other party to DEPARTMENT OF ENERGY explained in their updated market effectuate sales of electric energy, Federal Energy Regulatory power analysis accepted by the capacity or ancillary services at 5 Commission Commission, FortisOntario has no wholesale in the United States or the generating capacity in the United States transmission of electric energy, [Docket Nos. ER03–775–004; ER00–136– and that its only jurisdictional facility is capacity, or ancillary services in the 003] its market-based rate tariff on file with United States. the Commission. Petitioners explain 7. Petitioners further state that FortisOntario, Inc. and FortisUS that FortisOntario is a corporation Princeton is solely interconnected with Energy Corporation; Order Accepting organized under the laws of the and solely obtains its power from Notice of Change in Status and Tariff province of Ontario, Canada, having its FortisBC Inc. (FortisBC), another Revision and Providing Guidance principal place of business in Ontario, affiliate, which provides distribution Issued April 25, 2006. Canada. Petitioners state that service in surrounding areas of British FortisOntario is a wholly-owned Columbia, Canada. Petitioners state that Before Commissioners: Joseph T. Kelliher, subsidiary of Fortis Parent, a publicly- FortisBC is primarily a distribution Chairman; Nora Mead Brownell, and Suedeen G. Kelly. traded holding company existing under facility and is not directly the laws of Newfoundland and interconnected to the United States. 1. On July 7, 2005, as amended on Labrador, Canada.6 FortisBC is interconnected with British March 7, 2006, FortisOntario, Inc. 4. FortisUS states that it directly owns Columbia Transmission Corporation (FortisOntario) and FortisUS Energy a total of approximately 22.5 MW of (BCTC), which is not affiliated with Corporation (FortisUS) (collectively, qualifying small power production Petitioners or Princeton. BCTC is a Petitioners) filed a notice of change in facilities (QFs), located in New York. corporation owned by the province of status, a request for clarification of the Petitioners explain that FortisUS is British Columbia and is an independent Commission’s reporting requirement for wholly-owned by a subsidiary of Fortis transmission system operator which is changes in status for public utilities Parent, and is a corporation organized interconnected to the United States. with market-based rate authority,1 and a under the laws of the State of New York, Petitioners state that BCTC offers tariff revision 2 incorporating the having its principal place of business in wholesale transmission service under its Commission’s change in status reporting the Canadian city of Charlottetown, open access transmission tariff (OATT) requirement.3 In this order, the Prince Edward Island. that is based on the Commission’s Order Commission will accept Petitioners’ 5. Petitioners state that other No. 888 pro forma tariff and is regulated notice of change in status and will generation owned by affiliates is located by the British Columbia Utilities accept Petitioners’ revised tariff sheets. exclusively within Canada, and that Commission.7 The Commission also provides guidance none of these affiliates have tariffs or 8. Petitioners assert that Fortis concerning foreign sellers with market- rate schedules on file with the Parent’s acquisition of Princeton does based rate authorization. Commission for power sales or not and cannot raise any generation or Background transmission of electric energy in the transmission market power concerns United States. Petitioners explain that with respect to Petitioners. Petitioners 2. Petitioners state that they are they do not possess any transmission request clarification from the notifying the Commission of a non- facilities in the United States other than Commission as to whether notification material change in status regarding the step-up transformers and other of a change in status is required where purchase by their parent, Fortis Inc. interconnecting transmission facilities generation and/or transmission assets (Fortis Parent), of Princeton Light and needed to effect sales from the QFs, and acquired by a jurisdictional facility or that none of these interconnection its affiliates are located exclusively 1 Reporting Requirement for Changes in Status For Public Utilities With Market-Based Rate facilities could be used by any other within Canada and are not and cannot Authority, Order No. 652, 70 FR 8,253 (February 18, be used to make sales of electric energy 2005), FERC Stats. & Regs. ¶ 31, 175, order on reh’g, 4 Request for Clarification at 1. 111 FERC ¶ 61,413 (2005) (Order No. 652). 5 FortisOntario, Inc., 110 FERC 61,119 (2005). 7 BCTC operates the British Columbia Hydro and 2 FERC Electric Tariff, Second Revised Volume 6 On January 31, 2003, the Commission Power Authority’s transmission system (BC Hydro). No. 1, Substitute Second Revised Sheet No. 1–1A, authorized the intracorporate transfer of the BC Hydro’s OATT was reviewed by the First Revised Sheet No. 2–5. jurisdictional assets of Canadian Niagara Power Commission in 1997, in British Columbia Power 3 This revision is made in compliance with the Company to a newly formed entity, FortisOntario, Exchange Corp., 80 FERC ¶ 61,343 (1997). The Commission’s order accepting Petitioners’ updated pursuant to an amalgamation under Canadian law. Commission found that the tariff’s terms and market power analysis. FortisOntario, Inc. 110 Canadian Niagara Power Co., 102 FERC ¶ 62,068 conditions were identical to the Commission’s pro FERC ¶ 61,119 (2005). (2003). forma tariff in all material respects.

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at wholesale into the United States or load 10 as well as access for United By the Commission. for the transmission of electric energy in States competitors into Canadian Magalie R. Salas, interstate commerce in the United markets on a reciprocal basis.11 Thus, Secretary. States. the Commission seeks to assure [FR Doc. E6–6557 Filed 5–1–06; 8:45 am] Procedural Matters reciprocal service into and out of BILLING CODE 6717–01–P Canada when Canadian entities seek 9. Notice of Petitioners’ July 7, 2005, access to United States markets, but the filing was published in the Federal Commission is not seeking to open DEPARTMENT OF ENERGY Register, 70 FR 41,698 (2005), with intra-Canada electric markets through interventions and protests due on or Federal Energy Regulatory before July 28, 2005. None was filed. the imposition of open access tariffs for Commission 12 Notice of Petitioners’ March 7, 2006, transactions wholly within Canada. [Docket Nos. CP04–400–001] filing was published in the Federal Therefore, the Commission requires a Canadian entity seeking market-based Register, 71 FR 14,195 (2006), with Golden Pass Pipeline LP; Notice of rate authority to demonstrate that its interventions and protests due on or Application before March 28, 2006. None was filed. transmission-owning affiliate offers non- discriminatory access to its transmission April 26, 2006. Discussion system that can be used by competitors Take notice that on March 31, 2006, 10. As discussed below, the of the Canadian seller to reach United Golden Pass Pipeline LP (GPPL) filed in Commission accepts Petitioners’ notice States markets.13 Docket No. CP04–400–001 an of change in status and provides 14. Fortis Parent has acquired application seeking to amend the guidance concerning foreign sellers with certificate of public convenience and Princeton, whose transmission and market-based rate authorization. necessity issued July 6, 2005, in Docket 11. The Commission requires that distribution facilities are located No. CP04–400–000. That certificate market-based rate sellers report any exclusively within Canada and are not issued pursuant to section 7(c) of the changes in status that would reflect a directly interconnected with the United NGA and part 157, subpart A of the departure from the characteristics the States. Princeton is interconnected to its Commission’s Regulations, authorized Commission relied upon in its existing affiliate, FortisBC, whose facilities are construction and operation of facilities grant of market-based rate authority.8 entirely in Canada, and the transactions to transport natural gas originating from The baseline determination of whether between Princeton and FortisBC are liquefied natural gas (LNG) receiving a change in status filing is required is wholly within Canada. FortisBC is not terminal to be located approximately 10 whether the change in status in question directly interconnected to the United miles south of Port Arthur, Texas, and would have been reportable in an initial States but is interconnected with BCTC, two miles northeast of the town of application for market-based rate a non-affiliate that offers non- Sabine Pass, Texas. authority under the Commission’s four- discriminatory access under its OATT to GPPL requests authorization to make part analysis.9 reach United States markets. certain variations in the design and 12. Petitioners in this case have routing of the proposed pipeline that 15. The Commission clarifies herein market-based rate tariffs on file with the would reduce its overall construction that, with regard to market-based rate Commission. The change in status, footprint. The new design component described by Petitioners as ‘‘non- authorization, the Commission does not would replace the looped segment of 43 material,’’ involves the acquisition of a consider transmission and generation miles of two 36-inch diameter pipelines Canadian utility characterized as distant facilities that are located exclusively with a single 42-inch diameter pipeline and small that has no generation, and outside of the United States and that are from Golden Pass LNG Terminal to the whose transmission and distribution is not directly interconnected to the AEP Texoma interconnection. The limited to Canada. Petitioners state that United States. However, the reroute component would relocate the this change in status does not reflect a Commission would consider route resulting in an approximately ten departure from the characteristics the transmission facilities that are mile reduction in length of the pipeline. Commission relied upon in granting exclusively outside the United States This application is on file with the market-based rate authority. Petitioners but nevertheless interconnected to an Commission and open to public state their belief that notice of the affiliate’s transmission system that is inspection. This filing is available for change in status is not required, but that directly interconnected to the United review at the Commission in the Public they filed the instant request for States. Reference Room or may be viewed on the Commission’s Web site at http:// clarification ‘‘out of an abundance of The Commission orders: caution’’, arguing that Order No. 652 www.ferc.gov using the ‘‘eLibrary’’ link. does not expressly preclude change in (A) Petitioners’ notice of change in Enter the docket number excluding the status filings arising from ‘‘the status and tariff sheets are accepted for last three digits in the docket number acquisition of electric generation and filing. field to access the document. For transmission facilities located wholly (B) The Secretary is directed to assistance, please contact FERC Online outside of the United States.’’ publish a copy of this order in the Support at 13. The Commission has clarified that Federal Register. [email protected] or toll its concerns are more limited for foreign free at (866)208–3676, or for TTY, contact (202) 502–8659. Any initial transmission-owning entities than for 10 Energy Alliance Partnership, 73 FERC ¶ 61,019 transmission-owning entities in the at 61,031 (1995) (Energy Alliance). questions regarding these applications United States. The Commission has 11 TransAlta Enterprises Corp., 75 FERC ¶ 61,268 should be directed to Mrs. Gina M. further stated that its concern is at 61,875 (1996) (TransAlta). Dickerson, 17001 Northchase Drive, transmission to serve United States 12 See British Columbia Power Exchange Corp., 78 Houston, Texas, 77060, at phone FERC ¶ 61,024 at 61,100 (1997). number (281) 654–4816. 8 See Order No. 652 at P 5. 13 See TransAlta, 75 FERC ¶ 61,268 at 61,875; There are two ways to become 9 See Id. at P 8, 51. Energy Alliance, 73 FERC ¶ 61,019 at 61,030–31. involved in the Commission’s review of

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this project. First, any person wishing to instructions on the Commission’s Web infrastructure capable of transporting obtain legal status by becoming a party site under the ‘‘e-Filing’’ link. The natural gas out of Texas. Gulf South to the proceedings for this project Commission strongly encourages indicates that their existing firm should, on or before the below listed electronic filings. transportation capacity from East Texas comment date, file with the Federal Comment Date: 5 p.m. eastern time on is currently sold out through 2009 Energy Regulatory Commission, 888 May 17, 2006. because the current price of natural gas First Street, NE., Washington, DC 20426, in East Texas is low, as compared to the Magalie R. Salas, a motion to intervene in accordance price of natural gas in other supply with the requirements of the Secretary. areas connected to Gulf South. Commission’s Rules of Practice and [FR Doc. E6–6581 Filed 5–1–06; 8:45 am] Accordingly, Gulf South states that its Procedure (18 CFR 385.214 or 385.211) BILLING CODE 6717–01–P customers have requested additional and the Regulations under the NGA (18 capacity for firm transportation from CFR 157.10). A person obtaining party this area. status will be placed on the service list DEPARTMENT OF ENERGY Any person or the Commission’s Staff maintained by the Secretary of the Federal Energy Regulatory may, within 45 days after the issuance Commission and will receive copies of Commission of the instant notice by the Commission, all documents filed by the applicant and file pursuant to Rule 214 of the by all other parties. A party must submit [Docket No. CP06–127–000] Commission’s Procedural Rules (18 CFR 14 copies of filings made with the 385.214) a motion to intervene or notice Commission and must mail a copy to Gulf South Pipeline Company, LP; of intervention and, pursuant to section the applicant and to every other party in Notice of Request Under Blanket 157.205 of the Commission’s the proceeding. Only parties to the Authorization Regulations under the Natural Gas Act proceeding can ask for court review of April 25, 2006. (NGA) (18 CFR 157.205) a protest to the Commission orders in the proceeding. Take notice that on April 14, 2006, request. If no protest is filed within the However, a person does not have to time allowed therefore, the proposed intervene in order to have comments Gulf South Pipeline Company, LP (Gulf South), 20 East Greenway, Houston, activity shall be deemed to be considered. The second way to authorized effective the day after the participate is by filing with the Texas 77046, filed in Docket No. CP06– 127–000, a request pursuant to sections time allowed for protest. If a protest is Secretary of the Commission, as soon as filed and not withdrawn within 30 days possible, an original and two copies of 157.205 and 157.208 of the Commission’s regulations under the after the time allowed for filing a comments in support of or in opposition protest, the instant request shall be to this project. The Commission will Natural Gas Act, 18 CFR 157.205 and 157.208 (2005), and its blanket treated as an application for consider these comments in authorization pursuant to section 7 of determining the appropriate action to be certificate issued in Docket No. CP82– 430–000 for authorization to construct, the NGA. taken, but the filing of a comment alone Any questions regarding this will not serve to make the filer a party own and operate 20.5 miles of 42-inch pipeline loop beginning at its existing application should be directed to J. Kyle to the proceeding. The Commission’s Stephens, Director of Certificates, Gulf rules require that persons filing Carthage Junction Compressor Station, located near the town of Carthage in South Pipeline Company, LP, 20 East comments in opposition to the project Greenway Plaza, Houston, Texas, 77046, provide copies of their protests only to Panola County, Texas, to a tie-in with existing transmission lines (Indexes 266 or call (713) 544–7309 or fax (713) 544– the party or parties directly involved in 3540 or by e-mail the protest. and 266 Loop) located near the town of Keatchie in DeSoto Parish, Louisiana. [email protected]. Persons who wish to comment only The Commission strongly encourages on the environmental review of this The 42-inch pipeline will be installed adjacent to Gulf South’s existing 24-inch electronic filings of comments, protests, project should submit an original and and interventions via the Internet in lieu two copies of their comments to the pipeline (Index 266) for the entire of paper. See 18 CFR 385.2001(a) (1) (iii) Secretary of the Commission. length. In addition, Gulf South proposes and the instructions on the Environmental commenters will be to construct a new meter station and Commission’s Web site (http:// placed on the Commission’s interconnecting facilities with Houston www.ferc.gov) under the ‘‘e-Filing’’ link. environmental mailing list, will receive Pipeline Company and other auxiliary copies of the environmental documents, facilities within the existing Carthage Magalie R. Salas, and will be notified of meetings Junction Compressor Station yard. This Secretary. associated with the Commission’s filing is available for review at the [FR Doc. E6–6560 Filed 5–1–06; 8:45 am] Commission in the Public Reference environmental review process. BILLING CODE 6717–01–P Environmental commenters will not be Room or may be viewed on the Web at required to serve copies of filed http://www.ferc.gov using the documents on all other parties. ‘‘eLibrary’’ link. Enter the docket DEPARTMENT OF ENERGY However, the non-party commenters number excluding the last three digits in will not receive copies of all documents the docket number field to access the Federal Energy Regulatory filed by other parties or issued by the document. For assistance, contact FERC Commission at [email protected] or call Commission (except for the mailing of [Docket No. RP06–307–000] environmental documents issued by the toll-free, (886) 208–3676 or TYY, (202) Commission) and will not have the right 502–8659. MarkWest New Mexico L.P.; Notice of to seek court review of the Gulf South states in its filing, that Tariff Filing Commission’s final order. over the last several years the amount of Motions to intervene, protests and natural gas production in East Texas has April 25, 2006. comments may be filed electronically increased dramatically, and that this Take notice that on April 14, 2006, via the internet in lieu of paper; see, 18 new production has strained the MarkWest New Mexico L.P. tendered for CFR 385.2001(a)(1)(iii) and the capabilities of the existing pipeline filing as part of its FERC Gas Tariff, First

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Revised Volume No. 1, the tariff sheets DEPARTMENT OF ENERGY Persons unable to file electronically listed on Appendix A to the filing, to should submit an original and 14 copies become effective on May 1, 2006. Federal Energy Regulatory of the protest or intervention to the Commission Any person desiring to intervene or to Federal Energy Regulatory Commission, protest this filing must file in [Docket No. RP06–312–000] 888 First Street, NE., Washington, DC 20426. accordance with Rules 211 and 214 of This filing is accessible online at the Commission’s Rules of Practice and Mississippi Canyon Gas Pipeline, LLC; Notice of Proposed Changes in FERC http://www.ferc.gov, using the Procedure (18 CFR 385.211 and Gas Tariff ‘‘eLibrary’’ link and is available for 385.214). Protests will be considered by review in the Commission’s Public the Commission in determining the April 25, 2006. Reference Room in Washington, DC. appropriate action to be taken, but will Take notice that on April 19, 2006, There is an ‘‘eSubscription’’ link on the not serve to make protestants parties to Mississippi Canyon Gas Pipeline, LLC Web site that enables subscribers to the proceeding. Any person wishing to (Mississippi Canyon) tendered for filing receive e-mail notification when a become a party must file a notice of as part of its FERC Gas Tariff, First document is added to a subscribed intervention or motion to intervene, as Revised Volume No. 1, the following docket(s). For assistance with any FERC appropriate. Such notices, motions, or tariff sheets, to become effective May 19, Online service, please e-mail protests must be filed in accordance 2006: [email protected], or call with the provisions of section 154.210 Sixth Revised Sheet No. 2. (866) 208–3676 (toll free). For TTY, call of the Commission’s regulations (18 CFR Fifth Revised Sheet No. 55. (202) 502–8659. First Revised Sheet No. 155. 154.210). Anyone filing an intervention Magalie R. Salas, or protest must serve a copy of that Original Sheet No. 156. Secretary. document on the Applicant. Anyone Mississippi Canyon states that copies [FR Doc. E6–6559 Filed 5–1–06; 8:45 am] filing an intervention or protest on or of its filing have been mailed to all before the intervention or protest date affected customers of Mississippi BILLING CODE 6717–01–P need not serve motions to intervene or Canyon and any interested state protests on persons other than the commissions. However, due to the DEPARTMENT OF ENERGY Applicant. voluminous nature of this filing, The Commission encourages Mississippi Canyon is not providing Federal Energy Regulatory copies of the filed agreements or red- electronic submission of protests and Commission lines of such agreements as part of each interventions in lieu of paper using the service copy. Mississippi Canyon states [Docket No. RP06–308–000] ‘‘eFiling’’ link at http://www.ferc.gov. that the entire filing (excluding certain Persons unable to file electronically Rockies Express Pipeline LLC; Notice confidential information) will be of Tariff Filing should submit an original and 14 copies available in its offices and that it will of the protest or intervention to the provide copies of such agreements April 25, 2006. Federal Energy Regulatory Commission, (excluding certain confidential Take notice that on April 14, 2006, 888 First Street, NE., Washington, DC information) to any affected customer or Rockies Express Pipeline LLC tendered 20426. interested state commission who for filing as part of its FERC Gas Tariff, This filing is accessible online at requests such copies. First Revised Volume No. 1, the tariff http://www.ferc.gov, using the Any person desiring to intervene or to sheets attached to the filing, with an ‘‘eLibrary’’ link and is available for protest this filing must file in effective date of June 1, 2006. review in the Commission’s Public accordance with Rules 211 and 214 of Any person desiring to intervene or to Reference Room in Washington, DC. the Commission’s Rules of Practice and protest this filing must file in There is an ‘‘eSubscription’’ link on the Procedure (18 CFR 385.211 and accordance with Rules 211 and 214 of Web site that enables subscribers to 385.214). Protests will be considered by the Commission’s Rules of Practice and receive e-mail notification when a the Commission in determining the Procedure (18 CFR 385.211 and document is added to a subscribed appropriate action to be taken, but will 385.214). Protests will be considered by not serve to make protestants parties to docket(s). For assistance with any FERC the Commission in determining the the proceeding. Any person wishing to appropriate action to be taken, but will Online service, please e-mail become a party must file a notice of not serve to make protestants parties to [email protected], or call intervention or motion to intervene, as the proceeding. Any person wishing to (866) 208–3676 (toll free). For TTY, call appropriate. Such notices, motions, or become a party must file a notice of (202) 502–8659. protests must be filed in accordance intervention or motion to intervene, as Magalie R. Salas, with the provisions of section 154.210 appropriate. Such notices, motions, or Secretary. of the Commission’s regulations (18 CFR protests must be filed in accordance 154.210). Anyone filing an intervention with the provisions of section 154.210 [FR Doc. E6–6565 Filed 5–1–06; 8:45 am] or protest must serve a copy of that of the Commission’s regulations (18 CFR BILLING CODE 6717–01–P document on the Applicant. Anyone 154.210). Anyone filing an intervention filing an intervention or protest on or or protest must serve a copy of that before the intervention or protest date document on the Applicant. Anyone need not serve motions to intervene or filing an intervention or protest on or protests on persons other than the before the intervention or protest date Applicant. need not serve motions to intervene or The Commission encourages protests on persons other than the electronic submission of protests and Applicant. interventions in lieu of paper using the The Commission encourages ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and

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interventions in lieu of paper using the protests on persons other than the intervention or motion to intervene, as ‘‘eFiling’’ link at http://www.ferc.gov. Applicant. appropriate. Such notices, motions, or Persons unable to file electronically The Commission encourages protests must be filed in accordance should submit an original and 14 copies electronic submission of protests and with the provisions of section 154.210 of the protest or intervention to the interventions in lieu of paper using the of the Commission’s regulations (18 CFR Federal Energy Regulatory Commission, ‘‘eFiling’’ link at http://www.ferc.gov. 154.210). Anyone filing an intervention 888 First Street, NE., Washington, DC Persons unable to file electronically or protest must serve a copy of that 20426. should submit an original and 14 copies document on the Applicant. Anyone This filing is accessible online at of the protest or intervention to the filing an intervention or protest on or http://www.ferc.gov, using the Federal Energy Regulatory Commission, before the intervention or protest date ‘‘eLibrary’’ link and is available for 888 First Street, NE., Washington, DC need not serve motions to intervene or review in the Commission’s Public 20426. protests on persons other than the Reference Room in Washington, DC. This filing is accessible online at Applicant. There is an ‘‘eSubscription’’ link on the http://www.ferc.gov, using the The Commission encourages Web site that enables subscribers to ‘‘eLibrary’’ link and is available for electronic submission of protests and receive e-mail notification when a review in the Commission’s Public interventions in lieu of paper using the document is added to a subscribed Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. docket(s). For assistance with any FERC There is an ‘‘eSubscription’’ link on the Persons unable to file electronically Online service, please e-mail Web site that enables subscribers to should submit an original and 14 copies [email protected], or call receive e-mail notification when a of the protest or intervention to the (866) 208–3676 (toll free). For TTY, call document is added to a subscribed Federal Energy Regulatory Commission, (202) 502–8659. docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC Online service, please e-mail 20426. Magalie R. Salas, [email protected], or call This filing is accessible online at Secretary. (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the [FR Doc. E6–6566 Filed 5–1–06; 8:45 am] (202) 502–8659. ‘‘eLibrary’’ link and is available for BILLING CODE 6717–01–P review in the Commission’s Public Magalie R. Salas, Reference Room in Washington, DC. Secretary. There is an ‘‘eSubscription’’ link on the DEPARTMENT OF ENERGY [FR Doc. E6–6567 Filed 5–1–06; 8:45 am] Web site that enables subscribers to BILLING CODE 6717–01–P receive e-mail notification when a Federal Energy Regulatory document is added to a subscribed Commission docket(s). For assistance with any FERC DEPARTMENT OF ENERGY Online service, please e-mail [Docket No. RP06–309–000] Federal Energy Regulatory [email protected], or call Commission (866) 208–3676 (toll free). For TTY, call Stingray Pipeline Company, L.L.C.; (202) 502–8659. Notice of Proposed Changes in FERC [Docket No. RP06–306–000] Gas Tariff Magalie R. Salas, Texas Eastern Transmission, LP; Secretary. April 25, 2006. Notice of Proposed Changes in FERC [FR Doc. E6–6564 Filed 5–1–06; 8:45 am] Take notice that on April 14, 2006, Gas Tariff BILLING CODE 6717–01–P Stingray Pipeline Company, L.L.C. tendered for filing as part of its FERC April 25, 2006. Take notice that on April 13, 2006, Gas Tariff, Third Revised Volume No. 1, DEPARTMENT OF ENERGY the tariff sheets listed in Appendix A of Texas Eastern Transmission, LP (Texas the filing. Eastern) tendered for filing as part of its Federal Energy Regulatory Any person desiring to intervene or to FERC Gas Tariff, Seventh Revised Commission protest this filing must file in Volume No. 1, the following tariff sheets [Docket No. CP06–126–000] accordance with Rules 211 and 214 of to be effective as of May 14, 2006. the Commission’s Rules of Practice and First Revised Sheet No. 346. Texas Gas Transmission, LLC; Notice Procedure (18 CFR 385.211 and Second Revised Sheet No. 347. of Application 385.214). Protests will be considered by First Revised Sheet No. 937. the Commission in determining the First Revised Sheet No. 941. April 25, 2006. appropriate action to be taken, but will Texas Eastern states that copies of its Take notice that on April 14, 2006, not serve to make protestants parties to filing have been served upon all affected Texas Gas Transmission, LLC (Texas the proceeding. Any person wishing to customers of Texas Eastern and Gas), 3800 Frederica Street, Owensboro, become a party must file a notice of interested state commissions. Kentucky 42301, filed in Docket No. intervention or motion to intervene, as Any person desiring to intervene or to CP06–126–000, an application pursuant appropriate. Such notices, motions, or protest this filing must file in to section 7 of the Natural Gas Act protests must be filed in accordance accordance with Rules 211 and 214 of (NGA) for authorization to construct, with the provisions of section 154.210 the Commission’s Rules of Practice and install and operate one new turbine of the Commission’s regulations (18 CFR Procedure (18 CFR 385.211 and compressor at the Slaughters 154.210). Anyone filing an intervention 385.214). Protests will be considered by Compressor Station located in Webster or protest must serve a copy of that the Commission in determining the County, Kentucky; two new document on the Applicant. Anyone appropriate action to be taken, but will reciprocating engine driven gas filing an intervention or protest on or not serve to make protestants parties to compressors at the Hanson Compressor before the intervention or protest date the proceeding. Any person wishing to Station, and two new horizontal need not serve motions to intervene or become a party must file a notice of injection/withdrawal wells in the

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Hanson Gas Storage Field, located in rules require that persons filing to intervene, and protests must be Hopkins County, Kentucky; five new comments in opposition to the project served on the Complainants. horizontal injection/withdrawal wells provide copies of their protests only to The Commission encourages along with the abandonment of two the party or parties directly involved in electronic submission of protests and existing wells in the Midland Gas the protest. interventions in lieu of paper using the Storage Field, and a 2,000,000 MMBtu Comments, protests and interventions ‘‘eFiling’’ link at http://www.ferc.gov. increase in the certificated capacity of may be filed electronically via the Persons unable to file electronically the Midland Gas Storage Field, located Internet in lieu of paper. See, 18 CFR should submit an original and 14 copies in Muhlenberg County, Kentucky). 385.2001(a)(1)(iii) and the instructions of the protest or intervention to the Additionally, Texas Gas seeks on the Commission’s Web site under the Federal Energy Regulatory Commission, authorization to increase firm ‘‘e-Filing’’ link. 888 First Street, NE., Washington, DC withdrawals from its Midland Gas Comment Date: 5 p.m. eastern time on 20426. Storage Field and its Hanson Gas May 15, 2006. This filing is accessible on-line at Storage Field by a total of 100,749 http://www.ferc.gov, using the Magalie R. Salas, MMBtu per day, all as more fully set ‘‘eLibrary’’ link and is available for forth in the application which is on file Secretary. review in the Commission’s Public with the Commission and open to [FR Doc. E6–6570 Filed 5–1–06; 8:45 am] Reference Room in Washington, DC. public inspection. This filing may be BILLING CODE 6717–01–P There is an ‘‘eSubscription’’ link on the also viewed on the Web at http:// Web site that enables subscribers to www.ferc.gov using the ‘‘eLibrary’’ link. receive e-mail notification when a Enter the docket number excluding the DEPARTMENT OF ENERGY document is added to a subscribed last three digits in the docket number Federal Energy Regulatory docket(s). For assistance with any FERC field to access the document. For Commission Online service, please e-mail assistance, call (866) 208–3676 or TTY, [email protected], or call (202) 502–8659. [Docket No. EL06–67–000] (866) 208–3676 (toll free). For TTY, call Any questions concerning this (202) 502–8659. application may be directed to Kathy D. Chesapeake Transmission, LLC, Comment Date: 5 p.m. eastern time on Fort, Manager of Certificates and Tariffs, Complainant v. PJM Interconnection, May 12, 2006. Texas Gas Transmission, LLC, P.O. Box LLC, Respondent; Notice of Complaint 20008, Owensboro, Kentucky 42304. Magalie R. Salas, There are two ways to become April 26, 2006. Secretary. involved in the Commission’s review of Take notice that on April 25, 2006 [FR Doc. E6–6573 Filed 5–1–06; 8:45 am] Chesapeake Transmission, LLC this project. First, any person wishing to BILLING CODE 6717–01–P obtain legal status by becoming a party (Chesapeake), Complainant, filed a to the proceedings for this project complaint against PJM Interconnection, should, before the comment date of this LLC (PJM) pursuant to section 206 and DEPARTMENT OF ENERGY notice, file with the Federal Energy 306 of the Federal Power Act 16 U.S.C. Regulatory Commission, 888 First 824(e) and 825(e), and sections 206 and Federal Energy Regulatory Street, NE., Washington, DC 20426, a 212 of the Commission’s Rules of Commission Practice and Procedures, 18 CFR motion to intervene in accordance with [Docket No. EL06–65–000] the requirements of the Commission’s 385.206 and 385.212, requesting that the Rules of Practice and Procedure (18 CFR Commission direct PJM to allow Roger & Emma Wahl, Complainants v. 385.214 or 385.211) and the Regulations Chesapeake’s merchant transmission Allamakee-Clayton Electric under the NGA (18 CFR 157.10). A project P45B to move forward Cooperative, Respondent; Notice of person obtaining party status will be expeditiously. The complainant also Complaint Filing placed on the service list maintained by requests fast track processing of its the Secretary of the Commission and complaint. April 25, 2006. will receive copies of all documents Chesapeake certifies that a copy of the Take notice that on April 24, 2006 filed by the applicant and by all other complaint has been served on PJM and Roger and Emma Wahl (Complainants) parties. A party must submit 14 copies FirstEnergy Solutions Corporation, a filed a complaint against Allamakee- of filings made with the Commission potentially interested party. Clayton Electric Cooperative (ACEC) and must mail a copy to the applicant Any person desiring to intervene or to alleging that ACEC violated The Public and to every other party in the protest this filing must file in Utility Regulatory Policies Act of 1978 proceeding. Only parties to the accordance with Rules 211 and 214 of (PURPA). The Complainants request fast proceeding can ask for court review of the Commission’s Rules of Practice and track processing of their complaint. Commission orders in the proceeding. Procedure (18 CFR 385.211 and Any person desiring to intervene or to However, a person does not have to 385.214). Protests will be considered by protest this filing must file in intervene in order to have comments the Commission in determining the accordance with Rules 211 and 214 of considered. The second way to appropriate action to be taken, but will the Commission’s Rules of Practice and participate is by filing with the not serve to make protestants parties to Procedure (18 CFR 385.211 and Secretary of the Commission, as soon as the proceeding. Any person wishing to 385.214). Protests will be considered by possible, an original and two copies of become a party must file a notice of the Commission in determining the comments in support of or in opposition intervention or motion to intervene, as appropriate action to be taken, but will to this project. The Commission will appropriate. Such notices, motions, or not serve to make protestants parties to consider these comments in protests must be filed on or before the the proceeding. Any person wishing to determining the appropriate action to be comment date. The Respondent’s become a party must file a notice of taken, but the filing of a comment alone answer and all interventions, or protests intervention or motion to intervene, as will not serve to make the filer a party must be filed on or before the comment appropriate. The Respondent’s answer to the proceeding. The Commission’s date. The Respondent’s answer, motions and all interventions, or protests must

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be filed on or before the comment date. Filed Date: April 18, 2006. Comment Date: 5 p.m. eastern time on The Respondent’s answer, motions to Accession Number: 20060418–5034. Friday, May 12, 2006. intervene, and protests must be served Comment Date: 5 p.m. eastern time on on the Complainants. Tuesday, May 9, 2006. Any person desiring to intervene or to protest in any of the above proceedings The Commission encourages Docket Numbers: ES06–38–000. must file in accordance with Rules 211 electronic submission of protests and Applicants: Consumers Energy and 214 of the Commission’s Rules of interventions in lieu of paper using the Company. ‘‘eFiling’’ link at http://www.ferc.gov. Description: Consumers Energy Co. Practice and Procedure (18 CFR 385.211 Persons unable to file electronically submits its Application for Authority to and 385.214) on or before 5 p.m. Eastern should submit an original and 14 copies Issue Long Term Securities for the time on the specified comment date. It of the protest or intervention to the period of July 1, 2006 through June 30, is not necessary to separately intervene Federal Energy Regulatory Commission, 2008 pursuant to section 204 of the again in a subdocket related to a 888 First Street, NE., Washington, DC Federal Power Act. compliance filing if you have previously 20426. Filed Date: April 18, 2006. intervened in the same docket. Protests This filing is accessible online at Accession Number: 20060418–5035. will be considered by the Commission http://www.ferc.gov, using the Comment Date: 5 p.m. eastern time on in determining the appropriate action to ‘‘eLibrary’’ link and is available for Tuesday, May 9, 2006. be taken, but will not serve to make review in the Commission’s Public Docket Numbers: ES06–40–000. protestants parties to the proceeding. Reference Room in Washington, DC. Applicants: Westar Energy, Inc. Anyone filing a motion to intervene or There is an ‘‘eSubscription’’ link on the Description: Westar Energy, Inc. protest must serve a copy of that Web site that enables subscribers to submits its section 204 application for document on the Applicant. In reference receive e-mail notification when a authority to issue up to $750 million in to filings initiating a new proceeding, document is added to a subscribed short-term securities and to pledge interventions or protests submitted on docket(s). For assistance with any FERC mortgage bonds not to exceed $750 or before the comment deadline need Online service, please e-mail million to secure the short-term not be served on persons other than the [email protected], or call indebtedness. Applicant. (866) 208–3676 (toll free). For TTY, call Filed Date: April 21, 2006. The Commission encourages (202) 502–8659. Accession Number: 20060421–5045. Comment Date: 5 p.m. eastern time on electronic submission of protests and Comment Date: 5 p.m. Eastern Time interventions in lieu of paper, using the May 2, 2006. on Friday, May 12, 2006. FERC Online links at http:// Magalie R. Salas, Docket Numbers: ES06–41–000. www.ferc.gov. To facilitate electronic Secretary. Applicants: Kansas Gas and Electric service, persons with Internet access [FR Doc. E6–6561 Filed 5–1–06; 8:45 am] Company. who will eFile a document and/or be BILLING CODE 6717–01–P Description: Kansas Gas and Electric listed as a contact for an intervenor Company submits an application, must create and validate an pursuant to section 204 of the Federal eRegistration account using the DEPARTMENT OF ENERGY Power Act, for authority to issue up to eRegistration link. Select the eFiling $750 million in short-term securities link to log on and submit the Federal Energy Regulatory and to pledge mortgage bonds not to Commission exceed $750 million etc. intervention or protests. Filed Date: April 21, 2006. Persons unable to file electronically Combined Notice of Filings # 1 Accession Number: 20060421–5049. should submit an original and 14 copies April 25, 2006. Comment Date: 5 p.m. eastern time on of the intervention or protest to the Take notice that the Commission Friday, May 12, 2006. Federal Energy Regulatory Commission, received the following electric securities Docket Numbers: ES06–42–000. 888 First St., NE., Washington, DC filings. Applicants: Kansas Gas and Electric 20426. Docket Numbers: ES06–36–000. Company. The filings in the above proceedings Description: Kansas Gas and Electric Applicants: Golden Spread Electric are accessible in the Commission’s Company submits an application, Cooperative, Inc. eLibrary system by clicking on the pursuant to section 204 of the Federal Description: Golden Spread Electric appropriate link in the above list. They Power Act, for authority to issue and Cooperative, Inc. submits an application are also available for review in the pledge mortgage bonds not to exceed for authorization to issue short-term Commission’s Public Reference Room in debt securities in an aggregate amount $750 million to secure certain indebtedness of its sole shareholder, Washington, DC. There is an not to exceed $160 million etc. pursuant eSubscription link on the Web site that to section 204 of the Federal Power Act. Westar Energy, Inc. enables subscribers to receive e-mail Filed Date: April 11, 2006. Filed Date: April 21, 2006. Accession Number: 20060418–0352. Accession Number: 20060421–5057. notification when a document is added Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on to a subscribed dockets(s). For Friday, May 5, 2006. Friday, May 12, 2006. assistance with any FERC Online Docket Numbers: ES06–37–000. Docket Numbers: ES06–43–000. service, please e-mail Applicants: Consumers Energy Applicants: Midwest Independent [email protected]. or call Company. Transmission System Operator, Inc. (866) 208–3676 (toll free). For TTY, call Description: Consumers Energy Co. Description: Midwest ISO submits its (202) 502–8659. submits its Application for Authority to application, pursuant to Section 204 of Magalie R. Salas, Issue Short Term Securities for the the Federal Power Act, to Issue period of July 1, 2006 through June 30, Securities not to exceed $50 million. Secretary. 2008, pursuant to section 204 of the Filed Date: April 21, 2006. [FR Doc. E6–6571 Filed 5–1–06; 8:45 am] Federal Power Act. Accession Number: 20060421–5073. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY be effective August 7, 2005, to Persons unable to file electronically correspond with the effective date that should submit an original and 14 copies Federal Energy Regulatory the Commission required for the Sales of the protest or intervention to the Commission Tariff in its March 17, 2006 order. Federal Energy Regulatory Commission, [Docket Nos. EC06–111–000, et al.] Comment Date: 5 p.m. Eastern Time 888 First Street, NE., Washington, DC on May 8, 2006. 20426. ESI Energy, LLC, et al.; Electric Rate 5. Cabrillo Power I LLC; Cabrillo Power This filing is accessible on-line at and Corporate Filings II LLC; El Segundo Power, LLC; Long http://www.ferc.gov, using the Beach Generation, LLC ‘‘eLibrary’’ link and is available for April 26, 2005. review in the Commission’s Public The following filings have been made [Docket Nos. ER99–1115–009; ER99–1116– Reference Room in Washington, DC. with the Commission. The filings are 009; ER06–820–001; ER98–1127–009; ER98– There is an ‘‘eSubscription’’ link on the listed in ascending order within each 1796–008] Web site that enables subscribers to docket classification. Take notice that on April 17, 2006 receive e-mail notification when a Cabrillo Power I LLC, Cabrillo Power II 1. ESI Energy, LLC; Bison Wind GP, document is added to a subscribed LLC, El Segundo, LLC and Long Beach docket(s). For assistance with any FERC LLC; Heartland LP, LLC; Bison Wind Generation, LLC filed amendments to Holdings, LLC; Bison Wind, LLC; FPL Online service, please e-mail their market-based rate tariffs to [email protected], or call Energy Burleigh County Wind, LLC; conform with the other market-based FPL Wind Cowboy Wind, LLC (866) 208–3676 (toll free). For TTY, call rate tariffs held by subsidiaries of NRG (202) 502–8659. [Docket No. EC06–111–000] Energy, Inc that have been approved by Magalie R. Salas, Take notice that on April 14, 2006 ESI the Commission in recent proceedings. Energy, LLC; Bison Wind GP, LLC; Comment Date: 5 p.m. eastern time on Secretary. Heartland LP, LLC; Bison Wind May 8, 2006. [FR Doc. E6–6582 Filed 5–1–06; 8:45 am] Holdings, LLC; Bison Wind, LLC; FPL 6. Governors of the States of Arizona, BILLING CODE 6717–01–P Energy Burleigh County Wind, LLC; and California; Colorado, Montana, Nevada, FPL Wind Cowboy Wind, LLC filed an New Mexico; Oregon, Utah, Washington DEPARTMENT OF ENERGY application for approval of a corporate and Wyoming organization and request for expedited [Docket No. RR06–2–000] Federal Energy Regulatory approval pursuant to section 203 of the Commission Federal Power Act. On April 20, 2006, the Governors of the States of Arizona, California, Comment Date: 5 p.m. eastern time on Notice of Application Accepted for May 5, 2006. Colorado, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Filing and Soliciting Motions To 2. DeSoto County Generating Company, Wyoming filed a petition, pursuant to Intervene, Protests, and Comments LLC; Progress Genco Ventures, LLC; section 215 of the Federal Power Act, to April 26, 2006. Southern Power Company create a Regulatory Advisory Body for Take notice that the following [Docket No. EC06–112–000] the Western Interconnection. The hydroelectric application has been filed Take notice that on April 14, 2006 petitioners propose to organize the with the Commission and is available DeSoto County Generating Company, Western Interconnection Regional for public inspection: LLC, Progress Genco Ventures, LLC, and Advisory Body pursuant to a Policy a. Type of Application: Preliminary Southern Power Company filed an Resolution of the Western Governors’ Permit. application for approval of a disposition Association. b. Project No.: 12652–000. Comment Date: 5 p.m. eastern time on of jurisdictional facilities pursuant to c. Date filed: February 28, 2006. May 26, 2006. section 203 of the Federal Power Act. d. Applicant: Gerald M. Lutticken. e. Name of Project: Helltown Ravine Comment Date: 5 p.m. eastern time on Standard Paragraph Hydroelectric Project. May 5, 2006. Any person desiring to intervene or to f. Location: On Helltown Ravine, a 3. Entergy Services, Inc. protest this filing must file in tributary to Butte Creek, Butte County, accordance with Rules 211 and 214 of California. [Docket No. EL01–88–004] the Commission’s Rules of Practice and g. Filed Pursuant to: Federal Power Take notice that on April 10, 2006 Procedure (18 CFR 385.211, 385.214). Act, 16 U.S.C. 791(a)–825(r). Entergy Services, Inc. as agent and on Protests will be considered by the h. Applicant Contact: Mr. Gerald M. behalf of the Entergy Operating Commission in determining the Lutticken, P.E., 730 Bluegrass Drive, Companies filed amendments to its appropriate action to be taken, but will Petaluma, California, (707) 206–2099. Entergy System Agreement in not serve to make protestants parties to The proposed Helltown Ravine compliance with the Commission’s June the proceeding. Any person wishing to Hydroelectric Project would occupy 1, 2005 and December 19, 2005 orders. become a party must file a notice of lands within the Bureau of Land Comment Date: 5 p.m. eastern time on intervention or motion to intervene, as Management and private lands. May 31, 2006. appropriate. Such notices, motions, or i. FERC Contact: Patricia W. Gillis at 4. MidAmerican Energy Company protests must be filed on or before the (202) 502–8735. comment date. On or before the j. Deadline for filing comments, [Docket No. ER96–719–012] comment date, it is not necessary to protests, and motions to intervene: 60 Take notice that on April 3, 2006 serve motions to intervene or protests days from the issuance date of this MidAmerican Energy Company filed on persons other than the Applicant. notice. proposed changes to its FERC Electric The Commission encourages The Commission’s Rules of Practice Tariff, Original Volume No. 11 (Sales electronic submission of protests and and Procedure require all intervenors Tariff) for sales of capacity and energy interventions in lieu of paper using the filing documents with the Commission within the MidAmerican control area, to ‘‘eFiling’’ link at http://www.ferc.gov. to serve a copy of that document on

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each person in the official service list specified comment date for the applicable, and the Project Number of for the project. Further, if an intervenor particular application, either a the particular application to which the files comments or documents with the competing development application or a filing refers. Any of the above-named Commission relating to the merits of an notice of intent to file such an documents must be filed by providing issue that may affect the responsibilities application. Submission of a timely the original and the number of copies of a particular resource agency, they notice of intent to file a development provided by the Commission’s must also serve a copy of the document application allows an interested person regulations to: Magalie Salas, Secretary, on that resource agency. to file the competing application no Federal Energy Regulatory Commission, k. Description of Project: The later than 120 days after the specified 888 First Street, NE., Washington, DC proposed project would use flows comment date for the particular 20426. A copy of any motion to discharged from Pacific Gas & Electric’s application. A competing license intervene must also be served upon each (PG&E) Upper Centerville Canal, application must conform with 18 CFR representative of the Applicant licensed as Project No. 803 and consist 4.30(b) and 4.36. specified in the particular application. of: (1) An intake located at the end of p. Notice of Intent: A notice of intent t. Agency Comments: Federal, state, PG&E’s Upper Centerville Canal, (2) a must specify the exact name, business and local agencies are invited to file proposed 3,800 foot penstock, (3) a address, and telephone number of the comments on the described application. proposed powerhouse having a total prospective applicant, and must include A copy of the application may be installed capacity of 515-kilowatts, (4) a an unequivocal statement of intent to obtained by agencies directly from the proposed 13.8-kilovolt 1.5 mile submit, if such an application may be Applicant. If an agency does not file transmission line, and (5) appurtenant filed, either a preliminary permit comments within the time specified for facilities. The proposed project would application or a development filing comments, it will be presumed to have an average annual generation of application (specify which type of have no comments. One copy of an 1,430,000 kilowatt-hours, which would application). A notice of intent must be agency’s comments must also be sent to be sold to a local utility. served on the applicant(s) named in this the Applicant’s representatives. l. Locations of Applications: A copy of public notice. the application is available for q. Proposed Scope of Studies under Magalie R. Salas, inspection and reproduction at the Permit: A preliminary permit, if issued, Secretary. Commission in the Public Reference does not authorize construction. The [FR Doc. E6–6574 Filed 5–1–06; 8:45 am] Room, located at 888 First Street, NE., term of the proposed preliminary permit BILLING CODE 6717–01–P Room 2A, Washington DC 20426, or by would be 36 months. The work calling (202) 502–8371. This filing may proposed under the preliminary permit also be viewed on the Commission’s would include economic analysis, DEPARTMENT OF ENERGY Web site at http://www.ferc.gov using preparation of preliminary engineering the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental Federal Energy Regulatory number excluding the last three digits in impacts. Based on the results of these Commission the docket number field to access the studies, the Applicant would decide document. For assistance, call toll-free whether to proceed with the preparation Notice of Application Accepted for 1–866–208–3676 or e-mail of a development application to Filing and Soliciting Motions To [email protected]. For TTY, construct and operate the project. Intervene, Protests and Comments call (202) 502–8659. A copy is also r. Comments, Protests, or Motions to Take notice that the following available for inspection and Intervene: Anyone may submit hydroelectric application has been filed reproduction at the address in item h. comments, a protest, or a motion to with the Commission and is available above. intervene in accordance with the for public inspection: m. Individuals desiring to be included requirements of Rules of Practice and a. Type of Application: Preliminary on the Commission’s mailing list should Procedure, 18 CFR 385.210, .211, .214. Permit. so indicate by writing to the Secretary In determining the appropriate action to b. Project No.: 12659–000. of the Commission. take, the Commission will consider all c. Date filed: March 6, 2006. n. Competing Preliminary Permit: protests or other comments filed, but d. Applicant: Richard V. Williamson. Anyone desiring to file a competing only those who file a motion to e. Name of Project: Stony Creek Water application for preliminary permit for a intervene in accordance with the Power Project. proposed project must submit the Commission’s Rules may become a f. Location: On Stony Creek, near competing application itself, or a notice party to the proceeding. Any comments, Stonyford, Colusa County, California. of intent to file such an application, to protests, or motions to intervene must The proposed project will be located the Commission on or before the be received on or before the specified within the Mendocino National Forest. specified comment date for the comment date for the particular g. Filed Pursuant to: Federal Power particular application (see 18 CFR 4.36). application. Act, 16 U.S.C. 791(a)–825(r). Submission of a timely notice of intent Comments, protests and interventions h. Applicant Contact: Mr. Richard V. allows an interested person to file the may be filed electronically via the Williamson, 1842–M Camino Verde, competing preliminary permit Internet in lieu of paper; See 18 CFR Walnut Creek, CA 94597, (925) 457– application no later than 30 days after 385.2001(a)(1)(iii) and the instructions 2971. the specified comment date for the on the Commission’s Web site under ‘‘e- i. FERC Contact: Etta Foster, (202) particular application. A competing filing’’ link. The Commission strongly 502–8769. preliminary permit application must encourages electronic filing. j. Deadline for filing comments, conform with 18 CFR 4.30(b) and 4.36. s. Filing and Service of Responsive protests, and motions to intervene: 60 o. Competing Development Documents: Any filings must bear in all days from the issuance date of this Application: Any qualified development capital letters the title ‘‘COMMENTS’’, notice. applicant desiring to file a competing ‘‘RECOMMENDATIONS FOR TERMS All documents (original and eight development application must submit to AND CONDITIONS’’, ‘‘PROTEST’’, or copies) should be filed with Magalie R. the Commission, on or before a ‘‘MOTION TO INTERVENE’’, as Salas, Secretary, Federal Energy

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Regulatory Commission, 888 First specified comment date for the OF INTENT’’, or ‘‘COMPETING Street, NE., Washington, DC 20426. particular application, either a APPLICATION’’, as applicable, and the Please include the project number (P– competing development application or a Project Number of the particular 12659–000) on any comments, protests, notice of intent to file such an application to which the filing refers. or motions filed. application. Submission of a timely Any of the above-named documents k. Description of Project: The notice of intent to file a development must be filed by providing the original proposed project would consist of: (1) A application allows an interested person and the number of copies provided by proposed 80-foot-high, 240-foot-long to file the competing application no the Commission’s regulations to: The concrete dam; (2) a proposed reservoir later than 120 days after the specified Secretary, Federal Energy Regulatory with a surface area of 1.6 M square-feet; comment date for the particular Commission, 888 First Street, NE., (3) a proposed 42-inch diameter, 5200- application. A competing license Washington, DC 20426. A copy of any foot-long steel penstock; (4) a proposed application must conform with 18 CFR motion to intervene must also be served concrete and steel powerhouse 4.30(b) and 4.36. upon each representative of the containing a generating unit with an p. Notice of Intent: A notice of intent Applicant specified in the particular installed capacity of 1600 kW; (5) a must specify the exact name, business application. proposed 200-foot-long tailrace; (6) a address, and telephone number of the t. Agency Comments: Federal, state, proposed 3-phase, 5000-foot-long, 12 kV prospective applicant, and must include and local agencies are invited to file transmission line; and (7) appurtenant an unequivocal statement of intent to comments on the described application. facilities. submit, if such an application may be A copy of the application may be The project would have an estimated filed, either a preliminary permit obtained by agencies directly from the annual generation of 12,700 MWh application or a development applicant. If an agency does not file (megawatt-hours). The applicant plans application (specify which type of comments within the time specified for to sell the generated energy to a local application). A notice of intent must be filing comments, it will be presumed to utility. served on the applicant(s) named in this have no comments. One copy of an l. Location of Application: A copy of public notice. agency’s comments must also be sent to the application is available for q. Proposed Scope of Studies under the Applicant’s representatives. inspection and reproduction at the Permit: A preliminary permit, if issued, Commission in the Public Reference does not authorize construction. The Magalie R. Salas, Room, located at 888 First Street, NE., term of the proposed preliminary permit Secretary. Room 2A, Washington, DC 20426, or by would be 36 months. The work [FR Doc. E6–6575 Filed 5–1–06; 8:45 am] calling (202) 502–8371. This filing may proposed under the preliminary permit BILLING CODE 6717–01–P also be viewed on the Commission’s would include economic analysis, Web site at http://www.ferc.gov using preparation of preliminary engineering the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental DEPARTMENT OF ENERGY number excluding the last three digits in impacts. Based on the results of these the docket number field to access the studies, the Applicant would decide Federal Energy Regulatory document. For assistance, call toll-free whether to proceed with the preparation Commission 1–866–208–3676 or e-mail of a development application to [email protected]. For TTY, construct and operate the project. [Docket No. PF06–16–000] call (202) 502–8659. A copy is also r. Comments, Protests, or Motions to available for inspection and Intervene: Anyone may submit Kinder Morgan Louisiana Pipeline, reproduction at the address in item h. comments, a protest, or a motion to L.L.C.; Notice of Site Visit and Public above. intervene in accordance with the Meetings To Receive Environmental m. Individuals desiring to be included requirements of Rules of Practice and Comments on the Proposed Kinder on the Commission’s mailing list should Procedure, 18 CFR 385.210, .211, .214. Morgan Pipeline Project so indicate by writing to the Secretary In determining the appropriate action to of the Commission. take, the Commission will consider all April 26, 2006. n. Competing Preliminary Permit: protests or other comments filed, but On March 24, 2006, the staff of the Anyone desiring to file a competing only those who file a motion to Federal Energy Regulatory Commission application for preliminary permit for a intervene in accordance with the issued a Notice of Intent to Prepare an proposed project must submit the Commission’s Rules may become a Environmental Impact Statement for the competing application itself, or a notice party to the proceeding. Any comments, Proposed Kinder Morgan Pipeline of intent to file such an application, to protests, or motions to intervene must Project and Request for Comments on the Commission on or before the be received on or before the specified Environmental Issues (NOI). As part of specified comment date for the comment date for the particular our review process we will visit the particular application (see 18 CFR 4.36). application. proposed project route and hold three Submission of a timely notice of intent Comments, protests and interventions public scoping meetings to allow the allows an interested person to file the may be filed electronically via the public an opportunity to comment on competing preliminary permit Internet in lieu of paper; See 18 CFR the proposed project. application no later than 30 days after 385.2001 (a)(1)(iii) and the instructions Public scoping meetings are designed the specified comment date for the on the Commission’s Web site under ‘‘e- to provide an opportunity for particular application. A competing filing’’ link. The Commission strongly landowners and concerned citizens to preliminary permit application must encourages electronic filing. offer comments on the environmental conform with 18 CFR 4.30(b) and 4.36. s. Filing and Service of Responsive issues they believe should be addressed o. Competing Development Documents: Any filings must bear in all in our analysis. To ensure that every Application: Any qualified development capital letters the title ‘‘COMMENTS’’, comment is accurately recorded, a court applicant desiring to file a competing ‘‘RECOMMENDATIONS FOR TERMS reporter will be present to prepare an development application must submit to AND CONDITIONS’’, ‘‘PROTEST’’, official transcript of each meeting. the Commission, on or before a ‘‘MOTION TO INTERVENE’’, ‘‘NOTICE Concerned citizens are invited to attend

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any of the following public comment Preservation Officer (hereinafter, SHPO) Keetoowah Band of Cherokee Indians, meetings: and the Advisory Council on Historic P.O. Box 746, 20525 S. Jules Valdez Preservation (hereinafter, Council) Rd., Tahlequah, OK 74464. Monday, May 8, 2006 pursuant to the Council’s regulations, 36 Any person on the official service list 6:30–8:30 p.m. (CDT), Ville Platte High CFR part 800, implementing section 106 for the above-captioned proceeding may School Auditorium, 210 West Cotton of the National Historic Preservation request inclusion on the restricted Street, Ville Platte, LA. Act, as amended, (16 U.S.C. 470f), to service list, or may request that a Tuesday, May 9, 2006 prepare and execute a programmatic restricted service list not be established, 6:30–8:30 p.m. (CDT), Sulphur City Hall, 500 agreement for managing properties by filing a motion to that effect within N. Huntington Street, Sulphur, LA. included in, or eligible for inclusion in, 15 days of this notice date. In a request Thursday, May 11, 2006 the National Register of Historic Places for inclusion, please identify the 6:30–8:30 p.m. (CDT), Iowa Community at the Morgan Falls Hydroelectric reason(s) why there is an interest to be Center, 207 West Highway 90, Iowa, LA. Project No. 2237–013 (SHPO Reference included. Also please identify any Additionally, on May 9 through May Number HP–040120–022). concerns about historic properties, The programmatic agreement, when 11, 2006, staff accompanied by including Traditional Cultural executed by the Commission, the SHPO, representatives from Kinder Morgan Properties. If historic properties are to and the Council, would satisfy the will conduct a series of site visits of the be identified within the motion, please Commission’s section 106 proposed Kinder Morgan Louisiana use a separate page, and label it NON- responsibilities for all individual Pipeline route. All interested parties are PUBLIC Information. undertakings carried out in accordance welcome to attend the car-based site An original and 8 copies of any such with the license until the license expires visit. Those planning to attend must motion must be filed with Magalie R. or is terminated (36 CFR 800.13e). The Salas, the Secretary of the Commission provide their own transportation. Commission’s responsibilities pursuant Individuals with questions regarding (888 First Street, NE., Washington, DC to section 106 for the Morgan Falls this notice as well as those interested in 20426) and must be served on each Project would be fulfilled through the attending either the public meetings or person whose name appears on the programmatic agreement, which the the car-based site visit should contact official service list. Please put the Commission proposes to draft in the Commission’s Office of External project name ‘‘Morgan Falls Project’’ consultation with certain parties listed Affairs at 866–208–FERC (3372). and number ‘‘P–2237–013’’ on the front below. cover of any motion. If no such motions Magalie R. Salas, The executed programmatic are filed, the restricted service list will Secretary. agreement would be incorporated into be effective at the end of the 15 day [FR Doc. E6–6577 Filed 5–1–06; 8:45 am] any Order issuing a license. period. Otherwise, a further notice will Georgia Power Company, as licensee BILLING CODE 6717–01–P be issued ruling on any motion or for Project No. 2237, and the Muskogee motions filed within the 15 day period. (Creek) Nation of Oklahoma, the Poarch DEPARTMENT OF ENERGY Band of Creek Indians, the Thlopthlocco Magalie R. Salas, Tribal Town, the Kialegee Tribal Town, Secretary. Federal Energy Regulatory the Alabama-Quassarte Tribal Town, the [FR Doc. E6–6576 Filed 5–1–06; 8:45 am] Commission Seminole Indian Tribe, the Seminole BILLING CODE 6717–01–P Nation of Oklahoma, the Cherokee [Project No. 2237–013—Georgia] Nation, the Eastern Band of Cherokee Georgia Power Company; Morgan Falls Indians, the United Keetoowah Band of ENVIRONMENTAL PROTECTION Hydroelectric Project; Notice of Cherokee Indians, and the National Park AGENCY Service have expressed an interest in Proposed Revised Restricted Service [FRL–8164–7] List for a Programmatic Agreement for this preceding and are invited to Managing Properties Included in or participate in consultations to develop the programmatic agreement. Proposed Settlement Agreement, Eligible for Inclusion in the National Clean Air Act Citizen Suit Register of Historic Places On January 6, 2006, we established a restricted service list for the Morgan AGENCY: Environmental Protection April 26, 2006. Falls Project. Due to staff changes at the Agency (EPA). Rule 2010 of the Federal Energy Seminole Nation of Oklahoma, the ACTION: Notice of proposed settlement Regulatory Commission’s (Commission) Eastern Band of Cherokee Indians, and agreement; request for public comment. Rules of Practice and Procedure the United Keetoowah Band of Cherokee provides that, to eliminate unnecessary Indians, we propose to remove Emman SUMMARY: In accordance with section expense or improve administrative Spain, Michelle Hamilton, and Steve 113(g) of the Clean Air Act, as amended efficiency, the Secretary may establish a Mouse, respectively, from the restricted (‘‘Act’’), 42 U.S.C. 7413(g), notice is restricted service list for a particular service list for the aforementioned hereby given of a proposed settlement phase or issue in a proceeding.1 The project, and replace them with the agreement, to address a lawsuit filed by restricted service list should contain the following people: Utility Air Regulatory Group (‘‘UARG’’) names of persons on the service list Eastern Band of Cherokee Indians, in the U.S. Court of Appeals for the who, in the judgment of the decisional Attention: Tyler Howe, THPO, Qualla District of Columbia: Utility Air authority establishing the list, are active Boundary, P.O. Box 455, Cherokee, Regulatory Group v. EPA, No. 06–1056 participants with respect to the phase or NC 28719; (D.C. Cir.). This lawsuit, which was issue in the proceeding for which the Pare Bowlegs, Historic Preservation filed pursuant to section 307(b) of the list is established. Officer, Seminole Nation of Act, is a petition for review of EPA’s The Commission staff is consulting Oklahoma, P.O. Box 1498, Wewoka, final rule entitled ‘‘Regional Haze with the Georgia State Historic OK 74884; and Regulations and Guidelines for Best Lisa Stopp, Acting Tribal Historic Available Retrofit Technology (BART) 1 18 CFR 385.2010. Preservation Officer, United Determinations,’’ published at 70 FR

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39104 (July 6, 2005). Under the terms of execute two documents that provide information whose disclosure is the proposed settlement agreement, EPA guidance on the interpretation of the restricted by statute. Information has agreed to execute two documents BART Rule and Guidelines. claimed as CBI and other information that provide guidance on the revised For a period of thirty (30) days whose disclosure is restricted by statute regional haze regulations and the BART following the date of publication of this is not included in the official public Guidelines. notice, the Agency will receive written docket or in the electronic public DATES: Written comments on the comments relating to the proposed docket. EPA’s policy is that copyrighted proposed settlement agreement must be settlement agreement from persons who material, including copyrighted material received by June 1, 2006. were not named as parties or contained in a public comment, will not ADDRESSES: Submit your comments, intervenors to the litigation in question. be placed in EPA’s electronic public identified by Docket ID number EPA– EPA or the Department of Justice may docket but will be available only in HQ–OGC–2006–0315, online at http:// withdraw or withhold consent to the printed, paper form in the official public www.regulations.gov (EPA’s preferred proposed settlement agreement if the docket. Although not all docket method); by e-mail to comments disclose facts or materials may be available [email protected]; mailed to EPA considerations that indicate that such electronically, you may still access any Docket Center, Environmental consent is inappropriate, improper, of the publicly available docket Protection Agency, Mailcode: 2822T, inadequate, or inconsistent with the materials through the EPA Docket 1200 Pennsylvania Ave., NW., requirements of the Act. Unless EPA or Center. Washington, DC 20460–0001; or by the Department of Justice determines, B. How and To Whom Do I Submit hand delivery or courier to EPA Docket based on any comment which may be Comments? Center, EPA West, Room B102, 1301 submitted, that consent to the You may submit comments as Constitution Ave., NW., Washington, settlement agreement should be provided in the ADDRESSES section. DC, between 8:30 a.m. and 4:30 p.m. withdrawn, the terms of the agreement will be affirmed. Please ensure that your comments are Monday through Friday, excluding legal submitted within the specified comment holidays. Comments on a disk or CD– II. Additional Information About period. Comments received after the ROM should be formatted in Commenting on the Proposed close of the comment period will be Wordperfect or ASCII file, avoiding the Settlement marked ‘‘late.’’ EPA is not required to use of special characters and any form A. How Can I Get a Copy of the consider these late comments. of encryption, and may be mailed to the If you submit an electronic comment, Settlement? mailing address above. EPA recommends that you include your FOR FURTHER INFORMATION CONTACT: M. Direct your comments to the official name, mailing address, and an e-mail Lea Anderson, Air and Radiation Law public docket for this action under address or other contact information in Office (2344A), Office of General Docket ID No. EPA–HQ–OGC–2006– the body of your comment and with any Counsel, U.S. Environmental Protection 0315 which contains a copy of the disk or CD ROM you submit. This Agency, 1200 Pennsylvania Ave., NW., proposed settlement agreement. The ensures that you can be identified as the Washington, DC 20460; telephone: (202) official public docket is available for submitter of the comment and allows 564–5571; fax number (202) 564–5603; public viewing at the Office of EPA to contact you in case EPA cannot e-mail address: [email protected]. Environmental Information (OEI) Docket read your comment due to technical SUPPLEMENTARY INFORMATION: in the EPA Docket Center, EPA West, difficulties or needs further information Room B102, 1301 Constitution Ave., on the substance of your comment. Any I. Additional Information About the NW., Washington, DC. The EPA Docket identifying or contact information Proposed Settlement Center Public Reading Room is open provided in the body of a comment will Petitioner raised issues concerning: from 8:30 a.m. to 4:30 p.m., Monday be included as part of the comment that (1) Whether the statement in the through Friday, excluding legal is placed in the official public docket, preamble to the final rule that the BART holidays. The telephone number for the and made available in EPA’s electronic Guidelines use the natural visibility Public Reading Room is (202) 566–1744, public docket. If EPA cannot read your baseline for the 20 percent best visibility and the telephone number for the OEI comment due to technical difficulties days for determining a source’s impact Docket is (202) 566–1752. and cannot contact you for clarification, on visibility incorrectly characterized An electronic version of the public EPA may not be able to consider your the provisions of the BART Guidelines; docket is available through http:// comment. (2) whether it is acceptable under the www.regulations.gov. You may use the Use of the http://www.regulations.gov BART Guidelines to undertake a http://www.regulations.gov to submit or Web site to submit comments to EPA pollutant-specific analysis when view public comments, access the index electronically is EPA’s preferred method modeling the impacts from a single listing of the contents of the official for receiving comments. The electronic source; (3) whether a statement in the public docket, and to access those public docket system is an ‘‘anonymous preamble to the final rule that documents in the public docket that are access’’ system, which means EPA will international emissions are properly available electronically. Once in the not know your identity, e-mail address, accounted for in the 5-year state system, select ‘‘search,’’ then key in the or other contact information unless you implementation plan was intended to appropriate docket identification provide it in the body of your comment. change EPA’s views on the treatment of number. In contrast to EPA’s electronic public international emissions; and (4) It is important to note that EPA’s docket, EPA’s electronic mail (e-mail) whether, in making BART policy is that public comments, whether system is not an ‘‘anonymous access’’ determinations, the States are required submitted electronically or in paper, system. If you send an e-mail comment to consider any nonair quality will be made available for public directly to the Docket without going environmental benefits from reducing viewing online at http:// through http://www.regulations.gov, emissions of visibility-impairing www.regulations.gov without change, your e-mail address is automatically pollutants. Under the terms of the unless the comment contains captured and included as part of the proposed settlement, EPA has agreed to copyrighted material, CBI, or other comment that is placed in the official

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public docket, and made available in GaSaver, may be potentially affected by combustion and evaporative emissions EPA’s electronic public docket. this notice. This action is also directed of F/FAs and a survey of existing Dated: April 24, 2006. to the public in general. Although this scientific information on the public action may be of particular interest to health and welfare effects of these Richard B. Ossias, persons who manufacture and use emissions. Tier 2 requires Associate General Counsel. various fuel additives, the EPA has not manufacturers to conduct specified [FR Doc. E6–6619 Filed 5–1–06; 8:45 am] attempted to describe all the specific toxicology tests to screen for potential BILLING CODE 6560–50–P entities that may be affected by this adverse health effects of the F/FAs’ action. emissions. Additional testing may be required under Tier 3 at EPA’s B. How Can I Get Copies of This ENVIRONMENTAL PROTECTION discretion. With regard to those F/FAs Document or Other Related AGENCY registered at the time of promulgation of Information? [FRL–8164–2] the regulations, the requisite Tier 1 and 1. This information is available from Tier 2 information was required to be Platinum GaSaver; Final Cancellation the person in the FOR FURTHER submitted by May 27, 1997 and May 27, Order for a Fuel Additive Registration INFORMATION CONTACT section above. 2000, respectively. (See 40 CFR for Failure to Submit Test Data 2. Electronically. 79.51(c)(1).) With regard to all new F/ You may obtain electronic copies of FAs, i.e., F/FAs not registered at the AGENCY: Environmental Protection this Federal Register document time of our promulgation of the Agency (EPA). electronically from the EPA Internet regulations and F/FAs that cannot be ACTION: Final Cancellation Order for a Home page under the Federal Register enrolled in the same testing group as F/ Fuel Additive Registration. listings at http://www.epa.gov/fedrgstr/. FAs that were already registered, the SUMMARY: The regulations for II. What Action Is the Agency Taking? applicable public health-effects testing data were to be submitted prior to Registration of Fuels and Fuel Section 211(a) of the Clean Air Act registration. (See 40 CFR 79.51(c)(2) and Additives, were promulgated under the (CAA or Act), authorizes the authority of sections 211(a), (b) and (e) (c)(3).) Administrator of the Environmental The rule also makes special of the Clean Air Act, as amended. These Protection Agency (EPA or Agency), to provisions for small manufacturers of F/ regulations require the registration by designate and require the registration of FAs as determined by certain financial EPA of certain motor-vehicle fuels and fuels and fuel additives (F/FAs) prior to factors, and grants them exemptions fuel additives. In certain cases, the sale or introduction into commerce. The from certain test requirements. (See 40 manufacturer of a registered product is EPA has designated gasoline and diesel CFR 79.58(d).) Small F/FAs required to conduct research and submit F/FAs used in motor vehicles or motor manufacturers of F/FAs are various health-effects data to EPA vehicle engines for registration prior to manufacturers with either total annual within prescribed time frames. Under sale or introduction into commerce. (See sales of less than $50 million for section 211(e) of the Clean Air Act, EPA 40 CFR part 79 (1974).) Section 211(e)(1) baseline/non-baseline F/FAs or total may cancel the registration of any fuel mandates that EPA promulgate annual sales of less than $10 million for or fuel additive for which the registrant regulations requiring manufacturers of atypical F/FAs. (See 40 CFR 79.58(d).) has failed to submit the applicable test F/FAs ‘‘to conduct tests to determine Small manufacturers of baseline/non- reports within the prescribed period. potential public health effects of such F/ baseline F/FAs are exempt from both Administrative procedures are afforded FAs,’’ and to furnish other ‘‘reasonable Tier 1 and 2 requirements, while small and EPA may not cancel the registration and necessary’’ information that manufacturers of atypical F/FAs are for an existing fuel or additive without identifies F/FAs emissions, and their required to comply with the basic affording the registrant/manufacturer effects on public health and welfare and registration and Tier 1 requirements, but notice, opportunity to submit the vehicular emission control performance, are otherwise exempt from Tier 2 test requisite test data, and opportunity for as required by section 211(b)(2). Health requirements. (See 40 CFR 79.58(2) and a hearing. This order cancels the effects tests are to be conducted (3).) Small manufacturers must submit registration of the Platinum GaSaver according to procedures and protocols the applicable test data to EPA within fuel additive for nonsubmittal of established by the Administrator. the prescribed period described above. applicable test data. Further, section 211(e)(2) establishes a Additionally, the rule allows for the DATES: This final cancellation order is time limit by which manufacturers must cancellation of any F/FA registration effective May 8, 2006. comply with such test requirements. upon the Administrator’s determination FOR FURTHER INFORMATION CONTACT: Additionally, under section 211(e)(3), of failure to timely submit the requisite James W. Caldwell, Office of EPA may exempt or make special test data by a manufacturer. (See 40 CFR Transportation and Air Quality, Mail exceptions for small businesses. 79.51(f)(6).) In general, the Agency must Code 6406J, Environmental Protection In 1994, EPA promulgated regulations issue a notice of intent to cancel that Agency, 1200 Pennsylvania Avenue, implementing sections 211(b)(2) and (e), affords such a manufacturer an NW., Washington, DC 20460; telephone which established additional opportunity to comply with the number: (202) 343–9303; fax number: registration requirements to those applicable requirement, submit written (202) 343–2801; e-mail address: promulgated in 1974. (See 40 CFR part comments, or request a hearing on the [email protected] 79 (1994).) These regulations require notice of intent to cancel. certain manufacturers of F/FAs,as part On February 23, 1990 the Agency SUPPLEMENTARY INFORMATION: of their registration responsibilities, to registered Platinum GaSaver, an atypical I. General Information conduct health-effects tests on their fuel additive manufactured by the products, and submit the information to National Fuelsaver Corporation. On May A. Does This Action Apply To Me? EPA within certain prescribed time 27, 1997 the Tier 1 health-effects testing The National Fuelsaver Corporation, periods. Test requirements are report (Tier 1 Report) for Platinum the manufacturer and an EPA registrant organized into three tiers known as Tier GaSaver became due. (See 40 CFR of the fuel additive known as Platinum 1, 2 and 3. Tier 1 requires analysis of the 79.51(c)(1)(vi)(A).) On December 2, 2004

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EPA notified the National Fuelsaver after publication in the Federal • E-mail: [email protected]. Corporation of its obligation to submit Register. • Fax: (404) 562–8842/Attn Paula V. the Tier 1 report. On August 1, 2005 the Batchelor. III. Description of a Fuel Additive Agency issued a notice of intent to Mail: Ms. Paula V. Batchelor, U.S. Registration Canceled for Nonsubmittal cancel the registration of Platinum EPA Region 4, WMD–SEIMB, 61 Forsyth of a Tier 1 Test Report by May 27, 1997 GaSaver to the National Fuelsaver Street, SW., Atlanta, Georgia 30303. ‘‘In Corporation, along with instructions for Product Name: Platinum GaSaver addition, please mail a copy of your responding (Notice). The Notice stated (also know as the Pollution Cleaner, and comments on the information collection that the Tier 1 report was necessary in also known as the Platinum Vapor provisions to the Office of Information order for the National Fuelsaver Injector). and Regulatory Affairs, Office of Corporation to maintain the registration Manufacturer: National Fuelsaver Management and Budget (OMB), Attn: of Platinum GaSaver. The Notice also Corporation, 227 California Street, Desk Officer for EPA, 725 17th St. NW., provided 60 days from its receipt to Newton, MA 02458–1047. Washington, DC 20503.’’ submit written comments and/or the Instructions: Direct your comments to List of Subjects Tier 1 report, or to request an informal Docket ID No. EPA–R04–SFUND–2006– hearing. Environmental protection, Fuels, 0378. EPA’s policy is that all comments The National Fuelsaver Corporation Fuels additives, Registration, Reporting received will be included in the public objected to the Notice, in a response requirements. docket without change and may be made available online at dated September 19, 2005, and Dated: April 24, 2006. www.regulations.gov, including any reiterated its posture that Platinum Margo Tsirigotis Oge, GaSaver is not a fuel additive under 40 personal information provided, unless CFR part 79. The National Fuelsaver Director, Office of Transportation and Air the comment includes information Quality. Corporation further maintained that the claimed to be Confidential Business registration of Platinum GaSaver was [FR Doc. 06–4112 Filed 5–1–06; 8:45 am] Information (CBI) or other information based on its fulfilment of the terms and BILLING CODE 6560–50–P whose disclosure is restricted by statute. conditions of various correspondence Do not submit information that you between the Agency and its attorney in consider to be CBI or otherwise ENVIRONMENTAL PROTECTION 1989, instead of the requirements under protected through www.regulations.gov AGENCY 40 CFR part 79. Additionally, the or e-mail. The www.regulations.gov National Fuelsaver Corporation [Docket No. EPA–R04–SFUND–2006–0378; website is an ‘‘anonymous access’’ maintained that none of the terms and FRL–8164–4] system, which means EPA will not conditions of these letters allowed for know your identity or contact cancellation of the registration for Baxley Complaint Superfund Site, information unless you provide it in the Platinum GaSaver. Baxley, Appling County, Georgia; body of your comment. If you send an While the EPA accepted submission Notice of Settlement e-mail comment directly to EPA without of the registration documentation by the going through www.regulations.gov your AGENCY: Environmental Protection e-mail address will be automatically National Fuelsaver Corporation on the Agency (EPA). condition that their submission would captured and included as part of the not constitute an admission by the ACTION: Notice of proposed settlement. comment that is placed in the public docket and made available on the National Fuelsaver Corporation that SUMMARY: Under section 122(h)(1) of the Platinum GaSaver is a fuel additive, as Comprehensive Environmental Internet. If you submit an electronic comment, EPA recommends that you contemplated by 40 CFR part 79, there Response, Compensation and Liability include your name and other contact is nothing, in either the referenced Act (CERCLA), the United States information in the body of your letters, or elsewhere, indicating that Environmental Protection Agency has comment and with any disk or CD–ROM EPA either waived or limited its entered into a settlement for the partial you submit. If EPA cannot read your authority under 40 CFR part 79. reimbursement of past response costs comment due to technical difficulties Similarly, there is also nothing in either concerning the Baxley Complaint and cannot contact you for clarification, these letters, or elsewhere, indicating Superfund Site located in Baxley, EPA may not be able to consider your that EPA either waived or limited the Appling County, Georgia. National Fuelsaver Corporation’s comment. Electronic files should avoid obligations under 40 CFR part 79. DATES: The Agency will consider public the use of special characters, any form The Agency registered Platinum comments on the settlement until June of encryption, and be free of any defects GaSaver as a fuel additive under 1, 2006. The Agency will consider all or viruses. For additional information sections 211(a), (b) and (e) of the Act, comments received and may modify or about EPA’s public docket visit the EPA and the applicable requirements that are withdraw its consent to the settlement Docket Center homepage at http:// set forth at 40 CFR part 79. The National if comments received disclose facts or www.epa.gov/epahome/dockets.htm. Fuelsaver Corporation was required to considerations which indicate that the Docket: All documents in the docket submit a Tier 1 Report for Platinum settlement is inappropriate, improper, are listed in the www.regulations.gov GaSaver by May 27, 1997 as a condition or inadequate. index. Although listed in the index, for maintaining this registration. To date ADDRESSES: Copies of the settlement are some information is not publicly the National Fuelsaver Corporation has available from Ms. Paula V. Batchelor. available, e.g., CBI or other information yet to comply with this requirement. Submit your comments, identified by whose disclosure is restricted by statute. This is a final cancellation order of Docket ID No. EPA–RO4–SFUND–2006– Certain other material, such as the Agency’s registration of Platinum 0378 or Site name Baxley Complaint copyrighted material, will be publicly GaSaver. A copy of this order has been Superfund Site by one of the following available only in hard copy. Publicly sent to the National Fuelsaver methods: available docket materials are available Corporation through certified mail in • http://www.regulations.gov: Follow either electronically in the past several days. The cancellation the on-line instructions for submitting www.regulations.gov or in hard copy at order will become effective five days comments. the U.S. EPA Region 4 office located at

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61 Forsyth Street, SW., Atlanta, Georgia that it is submitting to the Office of from becoming employed by or 30303. Regional office is open from 7:00 Management and Budget (OMB) a providing services to the FDIC. am until 6:30 pm. Monday through request for OMB review and approval of Request for Comment Friday, excluding legal holidays. the renewal or revision of the Written comments may be submitted information collection systems Comments are invited on: (a) Whether to Ms. Batchelor within 30 calendar described below. these collections of information are days of the date of this publication. DATES: Comments must be submitted on necessary for the proper performance of FOR FURTHER INFORMATION CONTACT: or before June 1, 2006. the FDIC’s functions, including whether the information has practical utility; (b) Paula V. Batchelor at (404) 562–8887. ADDRESSES: Interested parties are invited to submit written comments on the accuracy of the estimate of the Dated: April 21, 2006. burden of the information collections, Rosalind H. Brown, the collection of information entitled: Certification of Compliance with including the validity of the Chief, Superfund Enforcement & Information methodology and assumptions used; (c) Management Branch, Waste Management Mandatory Bars to Employment. All comments should refer to the ways to enhance the quality, utility, and Division. clarity of the information to be [FR Doc. E6–6620 Filed 5–1–06; 8:45 am] name and number of the collection. Comments may be submitted by any of collected; and (d) ways to minimize the BILLING CODE 6560–50–P the following methods: burden of the information collections on • http://www.FDIC.gov/regulations/ respondents, including through the use laws/federal/propose.html. of automated collection techniques or EXPORT-IMPORT BANK • E-mail: [email protected]. other forms of information technology. All comments will become a matter of Sunshine Act Meeting Include the name and number of the collection in the subject line of the public record. ACTION: Notice of a Partially Open message. Dated at Washington, DC this 27th day of • Meeting of the Board of Directors of the Mail: Gary A. Kuiper April, 2006. Export-Import Bank of the United (202.898.3877), Counsel, Federal Federal Deposit Insurance Corporation. States. Deposit Insurance Corporation, Suite Robert E. Feldman, 2100, 550 17th Street, NW., Washington, Executive Secretary. TIME AND PLACE: Wednesday, May 3, DC 20429. [FR Doc. E6–6604 Filed 5–1–06; 8:45 am] • Hand Delivery: Comments may be 2006 at 9:30 a.m. The meeting will be BILLING CODE 6714–01–P held at Ex-Im Bank in Room 1143, 811 hand-delivered to the guard station at Vermont Avenue, NW., Washington, DC the rear of the 550 17th Street Building 20571. (located on F Street), on business days between 7 a.m. and 5 p.m. FEDERAL RESERVE SYSTEM OPEN AGENDA ITEM: Co-Guarantee A copy of the comments may also be Program with the Small Business Agency Information Collection submitted to the OMB Desk Officer for Administration. Activities: Proposed Collection; the FDIC, Office of Information and Comment Request PUBLIC PARTICIPATION: The meeting will Regulatory Affairs, Office of be open to public participation for Item Management and Budget, New AGENCY: Board of Governors of the No. 1. Executive Office Building, Room 10235, Federal Reserve System (Board). FURTHER INFORMATION: For further Washington, DC 20503. ACTION: Notice and request for comment. information, contact: Office of the FOR FURTHER INFORMATION CONTACT: Gary Secretary, 811 Vermont Avenue, NW., A. Kuiper, at the address identified SUMMARY: In accordance with the Washington, DC 205471 (Tele. No. 202– above. requirements of the Paperwork 565–3957). Reduction Act of 1995 (44 U.S.C. SUPPLEMENTARY INFORMATION: Howard A. Schweitzer, chapter 35), the Board, the Federal General Counsel (Acting). Proposal To Renew the Following Deposit Insurance Corporation (FDIC), Currently Approved Collection of and the Office of the Comptroller of the [FR Doc. 06–4153 Filed 4–28–06; 11:59 am] Information Currency (OCC) (collectively, the BILLING CODE 6690–01–M 1. Title: Certification of Compliance ‘‘agencies’’) may not conduct or with Mandatory Bars to Employment. sponsor, and the respondent is not OMB Number: 3064–0121. required to respond to, an information FEDERAL DEPOSIT INSURANCE collection unless it displays a currently CORPORATION Form: 2120/16. Frequency of Response: On occasion. valid Office of Management and Budget Agency Information Collection Affected Public: Individuals and (OMB) control number. The Federal Activities: Submission for OMB businesses. Financial Institutions Examination Review; Comment Request; 3064–0121 Estimated Number of Respondents: Council (FFIEC), of which the agencies 200. are members, has approved the AGENCY: Federal Deposit Insurance Estimated Time per Response: 10 agencies’ publication for public Corporation (FDIC). minutes. comment of a proposal to extend, ACTION: Notice of information Total Annual Burden: 33 hours. without revision, the Country Exposure collections to be submitted to OMB for Previous Burden: 41 hours. Report for U.S. Branches and Agencies ¥ review and approval under the Change in Burden: 8 hours. of Foreign Banks (FFIEC 019), which is Paperwork Reduction Act of 1995. General Description of Collection: a currently approved information Prior to an offer of employment, job collection. At the end of the comment SUMMARY: In accordance with applicants to the FDIC must sign a period, the comments and requirements of the Paperwork certification that they have not been recommendations received will be Reduction Act of 1995 (44 U.S.C. 3501 convicted of a felony or been in other analyzed to determine the extent to et seq.), the FDIC hereby gives notice circumstances that prohibit persons which the FFIEC should modify the

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reports. The Board will then submit the Proposal to extend for three years, e. Estimates of capital or start up costs reports to OMB for review and approval. without revision, the following and costs of operation, maintenance, DATES: Comments must be submitted on currently approved collection of and purchase of services to provide or before July 3, 2006. information: information. Report Title: Country Exposure Report Comments submitted in response to ADDRESSES: Interested parties are for U.S. Branches and Agencies of this notice will be shared among the invited to submit written comments to Foreign Banks. agencies. All comments will become a the agency listed below. All comments, Form Number: FFIEC 019. matter of public record. Written which should refer to the OMB control OMB Number: 7100–0213. comments should address the accuracy number, will be shared among the Frequency of Response: Quarterly. of the burden estimate and ways to agencies. Affected Public: U.S. branches and minimize burden including the use of You may submit comments, identified agencies of foreign banks. automated collection techniques or the by FFIEC 019, by any of the following Estimated Number of Respondents: use of other forms of information methods: 185. technology as well as other relevant • Agency Web Site: http:// Estimated Average Time per aspects of the information collection www.federalreserve.gov. Follow the Response: 10 hours. request. instructions for submitting comments Estimated Total Annual Burden: 7,400 hours. Board of Governors of the Federal Reserve on the http://www.federalreserve.gov/ System, April 27, 2006. generalinfo/foia/ProposedRegs.cfm. General Description of Reports Jennifer J. Johnson, • Federal eRulemaking Portal: http:// This information collection is Secretary of the Board. www.regulations.gov. Follow the mandatory: 12 U.S.C. 3906 for all instructions for submitting comments. [FR Doc. E6–6603 Filed 5–1–06; 8:45 am] • agencies; 12 U.S.C. 3105 and 3108 for BILLING CODE 6210–01–P E-mail: the Board; sections 7 and 10 of the [email protected]. Federal Deposit Insurance Act (12 Include docket number in the subject U.S.C. 1817, 1820) for the FDIC; and the FEDERAL RESERVE SYSTEM line of the message. • National Bank Act (12 U.S.C. 161) for FAX: 202–452–3819 or 202–452– the OCC. The FFIEC 019 information Sunshine Act Meeting 3102. collection is given confidential • Mail: Jennifer J. Johnson, Secretary, AGENCY HOLDING THE MEETING: Board of treatment under the Freedom of Governors of the Federal Reserve Board of Governors of the Federal Information Act (5 U.S.C. 552(b)(8)). Reserve System, 20th Street and System. Constitution Avenue, NW., Washington, Abstract TIME AND DATE: 12:00 p.m., Monday, DC 20551. All individual U.S. branches and May 8, 2006. All public comments are available agencies of foreign banks that have more PLACE: Marriner S. Eccles Federal from the Board’s Web site at than $30 million in direct claims on Reserve Board Building, 20th and C www.federalreserve.gov/generalinfo/ residents of foreign countries must file Streets, N.W., Washington, D.C. 20551. foia/ProposedRegs.cfm as submitted, the FFIEC 019 report quarterly. STATUS: Closed. except as necessary for technical Currently, all respondents report MATTERS TO BE CONSIDERED: reasons. Accordingly, your comments adjusted exposure amounts to the five 1. Personnel actions (appointments, will not be edited to remove any largest countries having at least $20 promotions, assignments, identifying or contact information. million in total adjusted exposure. The reassignments, and salary actions) Public comments may also be viewed agencies collect this data to monitor the involving individual Federal Reserve electronically or in paper in Room MP– extent to which such branches and System employees. 500 of the Board’s Martin Building (20th agencies are pursuing prudent country 2. Any items carried forward from a and C Streets, NW.) between 9 a.m. and risk diversification policies and limiting previously announced meeting. 5 p.m. on weekdays. potential liquidity pressures. No FOR FURTHER INFORMATION CONTACT: Additionally, commenters should changes are proposed to the FFIEC 019 Michelle Smith, Director, or Dave send a copy of their comments to the reporting form or instructions. Skidmore, Assistant to the Board, Office Desk Officer for the agencies by mail to of Board Members at 202–452–2955. Request for Comment U.S. Office of Management and Budget, SUPPLEMENTARY INFORMATION: You may 725 17th Street NW., #10235, Comments are invited on: call 202–452–3206 beginning at Washington, DC 20503 or by fax to 202– a. Whether the information collection approximately 5 p.m. two business days 395–6974. is necessary for the proper performance before the meeting for a recorded of the agencies’ functions, including FOR FURTHER INFORMATION CONTACT: announcement of bank and bank whether the information has practical Additional information or a copy of the holding company applications utility; scheduled for the meeting; or you may collection may be requested from b. The accuracy of the agencies’ Michelle Long, Federal Reserve Board contact the Board’s Web site at http:// estimate of the burden of the www.federalreserve.gov for an electronic Clearance Officer, 202–452–3829, information collection, including the Division of Research and Statistics, announcement that not only lists validity of the methodology and applications, but also indicates Board of Governors of the Federal assumptions used; Reserve System, 20th and C Streets, procedural and other information about c. Ways to enhance the quality, the meeting. NW., Washington, DC 20551. utility, and clarity of the information to Telecommunications Device for the Deaf be collected; Board of Governors of the Federal Reserve (TDD) users may call 202–263–4869, d. Ways to minimize the burden of the System, April 28, 2006. Board of Governors of the Federal information collection on respondents, Robert deV. Frierson, Reserve System, 20th and C Streets, including through the use of automated Deputy Secretary of the Board. N.W., Washington, DC 20551. collection techniques or other forms of [FR Doc. 06–4174 Filed 4–28–06; 2:24 pm] SUPPLEMENTARY INFORMATION: information technology; and BILLING CODE 6210–01–S

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

Support, Training and Capacity Centers for Disease Control and Food and Drug Administration Building for Infectious Disease Prevention [Docket No. 2006D–0169] Surveillance Networks in Affected Countries in Southeast Asia, Africa Mine Safety and Health Research Guidance for Industry: Guidance on and Other Regions of the World Advisory Committee: Meeting the Labeling of Certain Uses of Lecithin Derived From Soy Under the AGENCY: Office of Public Health In accordance with section 10(a)(2) of Federal Food, Drug, and Cosmetic Act; Emergency Preparedness, Office of the the Federal Advisory Committee Act Availability Secretary, HHS. (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) AGENCY: Food and Drug Administration, ACTION: Notice; Correction. announces the following committee HHS. meeting. ACTION: Notice. SUMMARY: The Office of Public Health SUMMARY: Emergency Preparedness, HHS, Name: Mine Safety and Health Research The Food and Drug Advisory Committee (MSHRAC). Administration (FDA) is announcing the published a notice in the Federal Times and Dates: 9:00 a.m.–4:30 p.m., May availability of a guidance document Register on Wednesday, March 8, 2006 23, 2006. 8:30 a.m.–12:30 p.m., May 24, 2006. entitled ‘‘Guidance on the Labeling of announcing a forthcoming single source Place: Four Points Hotel by Sheraton, 1201 Certain Uses of Lecithin Derived From cooperative agreement award to the K Street, NW., Washington, DC, 20005, Soy Under the Federal Food, Drug, and Pasteur Foundation, a not-for-profit telephone (202) 289–7600, fax (202) 289– Cosmetic Act’’ (the act). The guidance affiliate of the Institut Pasteur to 3310. explains FDA’s current thinking on the enhance the surveillance, Status: Open to the public, limited only by labeling of certain uses of lecithin epidemiological investigation and the space available. The meeting room derived from soy under the act. This laboratory diagnostic capabilities in accommodates approximately 75 people. guidance is part of FDA’s countries in S.E. Asia, Africa and other Purpose: This committee is charged with implementation of the Food Allergen regions of the world. That notice providing advice to the Secretary, Labeling and Consumer Protection Act contained an error by having omitted Department of Health and Human Services, (FALCPA). the Director, CDC, and the Director, National certain amounts of funding for DATES: Institute for Occupational Safety and Health This guidance is final upon the enhancement of laboratory capacity at date of publication. Submit written or Institut Pasteur-Cambodia (IPC) in the (NIOSH), on priorities in mine safety and health research, including grants and electronic comments on the guidance second and third year of the project, for document at any time. a virologist for IPC for three years, and contracts for such research, 30 U.S.C. 812(b)(2), Section 102(b)(2). ADDRESSES: Submit written requests for for a senior project manager to Matters to be Discussed: The meeting will single copies of the guidance to the coordinate the activities across the focus on NIOSH’s current and planned Office of Food Additive Safety (HFS– different countries that are involved in research and prevention activities related to 205), Center for Food Safety and this project. This notice corrects the mine disaster prevention and response. The Applied Nutrition, 5100 Paint Branch omission. agenda will also include updates on Pkwy., College Park, MD 20740, 301– partnership activities and reports from the 436–1200, FAX: 301–436–2972. Send FOR FURTHER INFORMATION CONTACT: Lily Director and Associate Director. one self-addressed adhesive label to O. Engstrom, 202–205–2882. Agenda items are subject to change as assist the office in processing your Correction priorities dictate. requests. Submit written comments on For Further Information Contact: Jeffery L. the guidance to the Division of Dockets In the Federal Register of March 8, Kohler, Ph.D., Executive Secretary, Management (HFA–305), Food and Drug 2006, in FR Vol. 71, No. 45, on page MSHRAC, NIOSH, CDC, P.O. Box 18070, 626 Administration, 5630 Fishers Lane, rm. 11665, correct the table to add the Cochrans Mill Road, Pittsburgh, 1061, Rockville, MD 20852. Submit following omissions: Pennsylvania 15236, telephone (412) 386– electronic comments to http:// $440,000 for enhancement of laboratory 5301, fax (412) 386–5300. www.fda.gov/dockets/ecomments. To capacity at IPC for Year 2 and Year 3 The Director, Management Analysis and ensure a timelier processing of ($220,000 per year); $210,000 for a virologist Services Office, has been delegated the comments, FDA is no longer accepting for IPC for three years ($70,000 per year); and authority to sign Federal Register notices comments submitted to the agency by e- $450,000 for a project manager for three years pertaining to announcements of meetings and mail. See the SUPPLEMENTARY ($150,000 per year). other committee management activities for INFORMATION section for electronic The cooperative agreement resulting from both the Centers for Disease Control and access to the guidance document. this Funding Opportunity will be fully Prevention and the Agency for Toxic FOR FURTHER INFORMATION CONTACT: Paul funded this fiscal year. Substances and Disease Registry. M. Kuznesof, Center for Food Safety and Dated: April 26, 2006. Dated: April 24, 2006. Applied Nutrition (HFS–205), Food and Drug Administration, 5100 Paint Branch Stewart Simonson, Alvin Hall, Pkwy., College Park, MD 20740, 301– Assistant Secretary for Public Health Director, Management Analysis and Services Office, Centers for Disease Control and 436–1289, or e-mail: Emergency Preparedness, Department of [email protected]. Health and Human Services. Prevention. [FR Doc. E6–6595 Filed 5–1–06; 8:45 am] [FR Doc. E6–6649 Filed 5–1–06; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4163–18–P BILLING CODE 4150–37–P I. Background FDA is announcing the availability of a guidance document entitled

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‘‘Guidance on the Labeling of Certain applicable statutes and regulations. If of Veterinary Medicinal Products Uses of Lecithin Derived From Soy you want to discuss an alternative (VICH). The objective of this draft Under Section 403(w) of the Federal approach, contact the FDA staff guidance document is to standardize the Food, Drug, and Cosmetic Act.’’ This responsible for implementing this data for submission of adverse events guidance is part of FDA’s guidance (see FOR FURTHER INFORMATION relating to veterinary medicinal implementation of FALCPA (Public Law CONTACT). products. 108–282). If a food is not a raw III. Comments DATES: Submit written or electronic agricultural commodity and it is, or it comments on the draft guidance by June Interested persons may submit to the contains an ingredient that bears or 1, 2006, to ensure their adequate Division of Dockets Management (see contains a major food allergen, the food consideration in preparation of the final ADDRESSES) written or electronic must comply with section 403(w) of the document. General comments on agency comments regarding this guidance at act (21 U.S.C. 343(w)). Section 403(w)(1) guidance documents are welcome at any any time. Submit a single copy of requires that the food’s label declare the time. name of the food source from which the electronic comments ortwo paper copies ADDRESSES: Submit written requests for major food allergen is derived in a of any mailed comments, except that single copies of the draft guidance to the manner specified by that section. This individuals may submit one paper copy. Communications Staff (HFV–12), Center source declaration requirement is Comments are to be identified with the for Veterinary Medicine, Food and Drug extended by section 403(w)(4) to any docket number found in brackets in the Administration, 7519 Standish Pl., incidental additive that is, or that bears heading of this document. The guidance Rockville, MD 20855. Send one self- or contains, a major food allergen, and received comments may be seen in addressed adhesive label to assist that notwithstanding the regulatory the Division of Dockets Management office in processing your requests. See exemption for incidental additives in 21 between 9 a.m. and 4 p.m., Monday the SUPPLEMENTARY INFORMATION section CFR 101.100(a)(3). The requirements of through Friday. for electronic access to the draft section 403(w) of the act apply to foods IV. Electronic Access labeled on or after January 1, 2006. guidance document. Persons with access to the Internet Submit written comments on the draft II. Discussion may obtain the guidance document at guidance to the Division of Dockets The purpose of the guidance http://www.cfsan.fda.gov/ Management (HFA–305), Food and Drug document is to provide guidance to the guidance.html. Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit industry on the labeling, under section Dated: April 25, 2006. 403(w) of the act, of certain uses of electronic comments to http:// Jeffrey Shuren, www.fda.gov/dockets/ecomments. lecithin derived from soy in packaged Assistant Commissioner for Policy. foods. In particular, as discussed in the Comments should be identified with the guidance, FDA intends to consider the [FR Doc. E6–6551 Filed 5–1–06; 8:45 am] full title of the draft guidance and the exercise of enforcement discretion for a BILLING CODE 4160–01–S docket number found in brackets in the packaged food labeled on or after heading of this document. FOR FURTHER INFORMATION CONTACT: January 1, 2006, in which lecithin DEPARTMENT OF HEALTH AND Lynn Post, Center for Veterinary derived from soy is used solely as a HUMAN SERVICES component of a release agent and the Medicine, (HFV–210), Food and Drug label for such food does not declare the Food and Drug Administration Administration, 7519 Standish Pl., presence of the lecithin consistent with Rockville, MD 20855, 240–276–9062, e- the requirements of section 403(w). FDA [Docket No. 2006D–0170] mail: [email protected]. intends to consider exercising such SUPPLEMENTARY INFORMATION International Cooperation on : discretion when all of the factors Harmonisation of Technical discussed in the guidance are present. I. Background FDA is issuing this guidance as level Requirements for Registration of In recent years, many important 1 guidance consistent with FDA’s good Veterinary Medicinal Products (VICH); initiatives have been undertaken by guidance practices regulation § 10.115 Draft Guidance for Industry on regulatory authorities and industry (21 CFR 10.115). Consistent with FDA’s Pharmacovigilance of Veterinary associations to promote the good guidance practices regulation, the Medicinal Products; Data Elements for international harmonization of agency will accept comment, but is Submission of Adverse Event Reports regulatory requirements. FDA has implementing the guidance document (VICH GL42); Request for Comments; participated in efforts to enhance immediately in accordance with Availability harmonization and has expressed its § 10.115(g)(2), because the agency has AGENCY: Food and Drug Administration, commitment to seek scientifically based determined that prior public HHS. harmonized technical procedures for the participation is not feasible or ACTION: Notice; request for comments. development of pharmaceutical appropriate. As noted, foods labeled on products. One of the goals of or after January 1, 2006, must comply SUMMARY: The Food and Drug harmonization is to identify and then with section 403(w) of the act’s labeling Administration (FDA) is announcing the reduce differences in technical requirements. availability for comments of a draft requirements for drug development This guidance represents the agency’s guidance document for industry (#182) among regulatory agencies in different current thinking on the labeling of entitled ‘‘Pharmacovigilance of countries. certain uses of lecithin derived from soy Veterinary Medicinal Products; Data FDA has actively participated in the under section 403(w) of the act. It does Elements for Submission of Adverse International Conference on not create or confer any rights for or on Event Reports’’ (VICH GL42). This draft Harmonization of Technical any person and does not operate to bind guidance has been developed for Requirements for Approval of FDA or the public. You may use an veterinary use by the International Pharmaceuticals for Human Use for alternative approach if such approach Cooperation on Harmonisation of several years to develop harmonized satisfies the requirements of the Technical Requirements for Registration technical requirements for the approval

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of human pharmaceutical and biological considered by FDA and the of electronic comments or two paper products among the European Union, Pharmacovigilance Expert Working copies of any mailed comments, except Japan, and the United States. The VICH Group. that individuals may submit one paper is a parallel initiative for veterinary copy. Comments are to be identified III. Paperwork Reduction Act of 1995 medicinal products. The VICH is with the docket number found in concerned with developing harmonized This draft guidance document refers brackets in the heading of this technical requirements for the approval to previously approved collections of document. A copy of the draft guidance of veterinary medicinal products in the information found in FDA regulations. and received comments are available for European Union, Japan, and the United The collections of information have public examination in the Division of States, and includes input from both been approved under OMB control Dockets Management between 9 a.m. regulatory and industry representatives. number 0910–0284 (expiration date and 4 p.m., Monday through Friday. The VICH Steering Committee is June 30, 2006). Prior to the finalization composed of member representatives and implementation of this guidance, VI. Electronic Access from the European Commission; FDA intends to add the new collection Comments may be submitted European Medicines Evaluation Agency; of information to the related form for electronically on the Internet at http:// European Federation of Animal Health; submitting adverse event reports www.fda.gov/dockets/ecomments. Once Committee on Veterinary Medicinal entitled ‘‘Veterinary Adverse Drug on this Internet site, select Docket No. Products; the U.S. FDA; the U.S. Reaction, Lack of Effectiveness, Product 2006D–0170, entitled draft guidance for Department of Agriculture; the Animal Defect Report’’ (Form FDA 1932), and industry on ‘‘Pharmacovigilance of Health Institute; the Japanese Veterinary FDA will publish a separate notice in Veterinary Medicinal Products; Data Pharmaceutical Association; the the Federal Register requesting Elements for Submission of Adverse Japanese Association of Veterinary comment on any new collection of Event Reports’’ (VICH GL42), and follow Biologics; and the Japanese Ministry of information in the updated form. the directions. Agriculture, Forestry, and Fisheries. Copies of the draft guidance IV. Significance of Guidance Four observers are eligible to document entitled ‘‘Draft Guidance for participate in the VICH Steering Under 21 CFR 10.115(i)(3), when Industry on ‘‘Pharmacovigilance of Committee: One representative from the issuing draft guidance documents that Veterinary Medicinal Products; Data government of Australia/New Zealand, are the product of international Elements for Submission of Adverse one representative from the industry in negotiations, FDA need not apply 21 Event Reports’’ (VICH GL42), may be Australia/New Zealand, one CFR 10.115(i)(2), which states that obtained on the Internet from the Center representative from the government of guidance documents must not include for Veterinary Medicine home page at Canada, and one representative from the mandatory language such as ‘‘shall,’’ http://www.fda.gov/cvm. industry of Canada. The VICH ‘‘must,’’ ‘‘required,’’ or ‘‘requirement,’’ Dated: April 26, 2006. Secretariat, which coordinates the unless FDA is using these words to Jeffrey Shuren, preparation of documentation, is describe a statutory or regulatory provided by the International requirement. However, any final Assistant Commissioner for Policy. Federation for Animal Health (IFAH). guidance document issued according to [FR Doc. E6–6601 Filed 5–1–06; 8:45 am] An IFAH representative also 21 CFR 10.115(i) must contain the BILLING CODE 4160–01–S participates in the VICH Steering elements in 21 CFR 10.115(i)(2). In this Committee meetings. draft guidance, any language that is DEPARTMENT OF HEALTH AND mandatory under U.S. laws and/or II. Draft Guidance on HUMAN SERVICES regulations is followed by a citation to Pharmacovigilance of Veterinary the appropriate statutory or regulatory Medicinal Products Food and Drug Administration provision. In accordance with 21 CFR In November 2005, the VICH Steering 10.115(i)(3), any mandatory language in [Docket No. 2000D–1632 (formerly 00D– Committee agreed that a draft guidance this draft guidance that does not 1632)] entitled ‘‘Pharmacovigilance of describe a statutory or regulatory Veterinary Medicinal Products: Data International Cooperation on requirement will be revised in the final Harmonisation of Technical Elements for Submission of Adverse guidance document to comply with 21 Event Reports’’ (VICH GL42) should be Requirements for Approval of CFR 10.115(i)(2). Veterinary Medicinal Products; Draft made available for public comment. The draft VICH guidance is consistent Revised Guidance for Industry on Elements of this draft guidance were with the agency’s current thinking on Pharmacovigilance of Veterinary previously published in 2000 as part of this topic. This guidance does not create Medicinal Products: Management of a draft guidance entitled or confer any rights for or on any person Adverse Event Reports; Request for ‘‘Pharmacovigilance of Veterinary and will not operate to bind FDA or the Comments; Availability Medicinal Products: Management of public. An alternative method may be Adverse Event Reports (AER’s)’’ (VICH used as long as it satisfies the AGENCY: Food and Drug Administration, GL24). The objective of draft guidance requirements of applicable statutes and HHS. VICH GL42 is to standardize the data for regulations. ACTION: Notice; request for comments. submission of adverse events relating to VMPs. A consistent set of data will V. Comments SUMMARY: The Food and Drug contribute to a harmonized approach for This draft guidance document is being Administration (FDA) is announcing the the detection and investigation of distributed for comment purposes only availability of draft revised guidance for adverse effects of marketed VMPs and and is not intended for implementation industry (#117) entitled thus help to increase public and animal at this time. Interested persons may ‘‘Pharmacovigilance of Veterinary health. The draft guidance is the submit written or electronic comments Medicinal Products: Management of product of the Pharmacovigilance regarding this draft guidance document Adverse Event Reports (AER’s)’’ VICH Expert Working Group of the VICH. to the Division of Dockets Management GL24. This draft revised guidance, Comments on this draft will be (see ADDRESSES). Submit a single copy which updates a draft guidance on the

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same topic for which a notice of harmonization is to identify and then guidance clarifies the 2000 draft availability was published in the reduce differences in technical guidance, adds information, and Federal Register of December 18, 2000 requirements for drug development provides consistency with more recently (the 2000 draft guidance), has been among regulatory agencies in different published VICH guidances. The draft developed for veterinary use by the countries. revised guidance is the product of the International Cooperation on FDA has actively participated in the Pharmacovigilance Expert Working Harmonisation of Technical International Conference on Group of VICH. Comments on this draft Requirements for Registration of Harmonization of Technical will be considered by FDA and the Veterinary Medicinal Products (VICH). Requirements for Approval of Pharmacovigilance Expert Working This draft revised guidance is intended Pharmaceuticals for Human Use for Group. to describe the reporting system for several years to develop harmonized The draft revised guidance describes identification of possible adverse events technical requirements for the approval the harmonized and common systems, following the use of marketed veterinary of human pharmaceutical and biological common definitions, and standardized medicinal products (VMPs) submitted to products among the European Union, terminology within pharmacovigilance. the European Union, Japan, and the Japan, and the United States. VICH is a Harmonization of those elements United States. parallel initiative for veterinary between the VICH regions facilitates the DATES: Submit written comments on the medicinal products. VICH is concerned reporting responsibilities for the draft revised guidance by June 1, 2006, with developing harmonized technical marketing authorities or drug sponsors, to ensure their adequate consideration requirements for the approval of many with worldwide activities. More in preparation of the final guidance veterinary medicinal products in the specifically, the draft revised guidance document. General comments on agency European Union, Japan, and the United presents the terms and definitions guidance documents are welcome at any States, and includes input from both intended to harmonize other previously time. regulatory and industry representatives. used terms referring to similar The VICH steering committee is ADDRESSES: Submit written requests for pharmacovigilance concepts. This draft single copies of the draft revised composed of member representatives revised guidance describes a system for guidance to the Communications Staff from the European Commission; the management of adverse drug event (HFV–12), Center for Veterinary European Medicines Evaluation Agency; reports following the use of marketed European Federation of Animal Health; Medicine, Food and Drug veterinary medicinal products. Committee on Veterinary Medicinal Administration, 7519 Standish Pl., This draft revised guidance includes Products; FDA; the U.S. Department of Rockville, MD 20855. Send one self- revised text on the definition of a Agriculture; the Animal Health addressed adhesive label to assist that veterinary medicinal product, definition Institute; the Japanese Veterinary office in processing your requests. See of international birth date, and third Pharmaceutical Association; the country reporting. Data elements for the the SUPPLEMENTARY INFORMATION section Japanese Association of Veterinary for electronic access to the draft revised submission of AERs were removed from Biologics; and the Japanese Ministry of guidance document. this draft revised guidance, but are Agriculture, Forestry and Fisheries. Submit written comments on the draft addressed in a separate VICH draft Four observers are eligible to revised guidance to the Division of guidance document entitled participate in the VICH steering Dockets Management (HFA–305), Food ‘‘Pharmacovigilance of Veterinary committee: One representative from the Medicinal Products: Data Elements for and Drug Administration, 5630 Fishers government of Australia/New Zealand, Lane, rm. 1061, Rockville, MD 20852. Submission of Adverse Event Reports’’ one representative from the industry in VICH GL42. The notice of availability Submit electronic comments to http:// Australia/New Zealand, one www.fda.gov/dockets/ecomments. for VICH GL42 is published elsewhere representative from the government of in this issue of the Federal Register. Comments should be identified with the Canada, and one representative from the full title of the draft revised guidance industry of Canada. The VICH III. Paperwork Reduction Act of 1995 and the docket number found in Secretariat, which coordinates the This draft revised guidance refers to brackets in the heading of this preparation of documentation, is previously approved collections of document. provided by the International information found in FDA regulations. FOR FURTHER INFORMATION CONTACT: Federation for Animal Health (IFAH). These collections of information are Lynn Post, Center for Veterinary An IFAH representative also subject to review by the Office of Medicine (HFV–210), Food and Drug participates in the VICH steering Management and Budget (OMB) under Administration, 7519 Standish Pl., committee meetings. the Paperwork Reduction Act of 1995 Rockville, MD 20855, 240–276–9062, e- (44 U.S.C. 3501–3520). The collections II. Draft Guidance on Adverse Event mail: [email protected]. of information in 21 CFR 514.80 have Reports SUPPLEMENTARY INFORMATION: been approved under OMB control In November 2005, the VICH steering number 0910–0284 (expiration date 06/ I. Background committee held a meeting and agreed 30/2006). In recent years, many important that the draft guidance document initiatives have been undertaken by entitled ‘‘Pharmacovigilance of IV. Significance of Guidance regulatory authorities and industry Veterinary Medicinal Products: Under part 10 (21 CFR part 10), associations to promote the Management of Adverse Event Reports specifically § 10.115(i)(3), when issuing international harmonization of (AER’s)’’ VICH GL24, should be revised draft guidance documents that are the regulatory requirements. FDA has and made available for a second public product of international negotiations, participated in efforts to enhance comment period. This draft revised FDA need not apply § 10.115(i)(2), harmonization and has expressed its guidance updates the draft guidance on which states that guidance documents commitment to seek scientifically based the same topic for which a notice of must not include mandatory language harmonized technical procedures for the availability was published in the such as ‘‘shall,’’ ‘‘must,’’ ‘‘required,’’ or development of pharmaceutical Federal Register of December 18, 2000 ‘‘requirement,’’ unless FDA is using products. One of the goals of (65 FR 79111). The draft revised these words to describe a statutory or

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regulatory requirement. However, any Dated: April 26, 2006. factors likely playing a role. final guidance document issued Jeffrey Shuren, Environmental risk factors, however, according to § 10.115(i) must contain Assistant Commissioner for Policy. have been difficult to identify. By the elements in § 10.115(i)(2). In this [FR Doc. E6–6602 Filed 5–1–06; 8:45 am] focusing on genetically susceptible draft revised guidance, any language BILLING CODE 4160–01–S subgroups, more precise estimates of the that is mandatory under U.S. laws and/ contribution of environmental and other or regulations is followed by a citation non-genetic factors to disease risk may to the appropriate statutory or DEPARTMENT OF HEALTH AND be possible. Sisters of women with regulatory provision. In accordance with HUMAN SERVICES breast cancer are one group at increased § 10.115(i)(3), any mandatory language risk for breast cancer; we would expect in this draft revised guidance that does National Institutes of Health about 2 times as many breast cancers to not describe a statutory or regulatory accrue in a cohort of sisters as would requirement will be revised in the final National Institute of Environmental accrue in a cohort identified through guidance document to comply with Health Sciences; Submission for OMB random sampling or other means. In § 10.115(i)(2). Review; Comment Request; The Sister addition, a cohort of sisters will be The draft revised VICH guidance Study: A Prospective Study of the enriched with regard to the prevalence represents the agency’s current thinking Genetic and Environmental Risk of relevant genes and/or exposures, on the management of AERs of Factors for Breast Cancer further enhancing the ability to detect approved new animal drugs. This draft Summary: Under the provisions of gene-environment interactions. Sisters revised guidance does not create or section 3507(a)(1)(D) of the Paperwork of women with breast cancer will also confer any rights for or on any person Reduction Act of 1995, the National be at increased risk for ovarian cancer and will not operate to bind FDA or the Institute of Environmental Health and possibly for other hormonally- public. An alternative method may be Sciences (NIEHS), the National mediated diseases. We are enrolling a used as long as it satisfies the Institutes of Health (NIH) has submitted cohort of 50,000 women who have not requirements of applicable statutes and to the Office of Management and Budget had breast cancer. Initial recruitment of regulations. (OMB) a request for review and the first 2000 women took place from August 2003–September 2004 before V. Comments approval of the information collection listed below. This proposed information beginning nationwide recruitment in This draft revised guidance document collection was previously published in October 2004. The data collected in the is being distributed for comment the Federal Register on February 23, initial phase allowed us to evaluate purposes only and is not intended for 2006 on pages 9358–9359 and allowed subject recruitment and data collection implementation at this time. Interested 60 days for public comment. No public procedures, and helped us better target persons may submit to the Division of comments were received. The purpose our recruitment efforts. We estimate that Dockets Management (see ADDRESSES) of this notice is to allow an additional a cohort of 50,000 sisters aged 35–74 written or electronic comments 30 days for public comment. The years would provide about 1500 breast regarding this draft revised guidance National Institutes of Health may not cancer cases over five years document. Submit a single copy of conduct or sponsor, and the respondent (approximately 300 new cases per year electronic comments or two paper is not required to respond to, an once the cohort is fully enrolled). copies of any mailed comments, except information collection that has been Frequency of Response: Burden that individuals may submit one paper extended, revised, or implemented on or calculations include eligibility copy. Comments are to be identified after October 1, 1995, unless it displays screening for 22,750 more women, and with the docket number found in a currently valid OMB control number. completion of enrollment activities for brackets in the heading of this 5 CFR 1320.5: Reporting and 25,000 more women (difference due to document. A copy of the draft revised Recordkeeping Requirements: Final expected 2,250 women, and completion guidance and received comments may Rule: Respondents to this collection of of enrollment activities for 25,000 more be seen in the Division of Dockets information are not required to respond women (difference due to expected Management between 9 a.m. and 4 p.m., unless the data collection instruments 2,250 women whose time lag between Monday through Friday. display a currently valid OMB control initial screening and fully completing VI. Electronic Access number. enrollment baseline activities is Proposed Collection Title: The Sister expected to cross OMB expiration/ Electronic comments may also be Study: A Prospective Study of the revision date) to reach 50,000. These submitted electronically on the Internet Genetic and Environmental Risk Factors women will complete one initial 15- at http://www.fda.gov/dockets/ for Breast Cancer. minute screening (either on the ecomments. Once on this Internet site, Type of Information Collection telephone OR on the Internet), two 1- select Docket No. 2000D–1632, entitled Request: Revision of OMB No. 0925– hour telephone interviews, 4 mailed ‘‘Draft Guidance for Industry on 0522 and expiration date July 31, 2006. self-administered questionnaires (90 Pharmacovigilance of Veterinary Need and Use of Information minutes total), and will collect Medicinal Products: Management of Collection: The purpose of the Sister biological and household specimens. Adverse Event Reports (AER’s)’’ VICH Study is to study genetic and Also in the next 3 years, all 50,000 GL24 and follow the directions. environmental risk factors for the sisters will complete one annual update Copies of the draft revised guidance development of breast cancer in a cohort (10 minutes) and one biennial follow-up document entitled ‘‘Pharmacovigilance of sisters of women who have had breast questionnaire (60 minutes); in addition of Veterinary Medicinal Products: cancer. In the United States, there were 25,000 will complete a second annual Management of Adverse Event Reports approximately 210,000 new cases in update. Women diagnosed with breast (AER’s)’’ VICH GL24 may be obtained 2003, accounting for 30% of all new cancer or other health outcomes of on the Internet from the Center for cancer cases among women. The interest (∼1800 allowing for 300 bc/year Veterinary Medicine home page at etiology of breast cancer is complex, over our first 6 years, plus 1800 other http://www.fda.gov/cvm. with both genetic and environmental outcomes) will be asked to provide

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additional information about their approved past 24-hour questionnaire Type of Respondents: Unaffected diagnosis (20 minutes per response) and will be completed. Thus up to 300 sisters of women diagnosed with breast their doctors will be contacted to women will complete a 5-minute cancer, aged 35–74, from all provide documentation regarding telephone screener to determine socioeconomic backgrounds and diagnosis and treatments (15 minutes eligibility. The 200 women (maximum) ethnicities. The annual reporting burden per response). In addition to direct who provide a one-time sample will is as follows: Sister Study participants, up to 300 complete a short form describing Estimated Number of Responses per women will be recruited to provide an activities and medication use in the 24 Respondent: The table below shows the anonymous blood sample for Sister hours prior to blood draw (10 minutes). estimated number of responses per Study laboratory quality control The 100 women (maximum) will respondent per activity over the next 3 activities. A total of up to 200 women complete the 24-hour form with each of years. 4 blood draws. Average Burden Hours per Response: (70 during the first year) will be Estimated Number of Respondents: recruited to provide a one-time blood The estimated total number of 6.0; and urine sample and complete a past respondents is 67,800, which includes Estimated Total Burden Hours 24-hour questionnaire. These samples ∼12,500 enrolled per year over ∼4 years, Requested: 194,131 (over 3 years). The will be used to test long-term storage plus ∼14,000 persons ultimately average annual burden hours requested effects and to provide quality control determined ineligible or refusals at is 64,710. pools for future assays. Up to 100 initial screening, 3,500 persons who The annualized cost to respondents is women will be sampled on four partially complete enrollment before estimated at $135 (assuming $20 hourly occasions over the course of a year (20 terminating, and up to 300 women for wage × 6 hours + $15 babysitting in the first year), providing blood, urine, anonymous quality sample collection. estimate). There are no Capital Costs to and dust samples. On each occasion an Affected Public: Individuals or report. There are no Operating or abbreviated version of the previously households; doctors’ offices. Maintenance Costs to report.

Estimated Estimated Average Estimated total Activity number of responses per burden hours burden hours (3-yrs) respondents respondent per response requested

Eligibility Screening ...... 22,750 1 0.25 5,688 Enrollment Interviews ...... 25,000 1 2 50,000 Enrollment SAQs ...... 25,000 1 1.5 37,500 Enrollment Specimen Collection* ...... 25,000 1 1 25,000 1st Annual Update ...... 50,000 1 0.17 8,500 1st Biennial Follow-Up Questionnaire ...... 50,000 1 1 50,000 2nd Annual Update ...... 25,001 1 0.17 4,250 Ineligible** ...... 14,000 1 0.25 3,500 Dropout** ...... 3,500 1 2.25 7,875 Incident BC Case Follow-Up ...... 1800 1 0 .33 594 Incident Other Case Follow-Up ...... 300 1 0.33 99 Incident Case/Physician Contact ...... 2100 1 0.25 525 QC Sample Collection A† ...... 200 1 0.15 200 QC Sample Collection B† ...... 100 4 0.15 400

Total ...... 194,131 *includes waiting time, and scheduling appointment for blood draw. **expect 17% ineligible at screening plus 7% dropout during enrollment activities. † includes travel time, 10 minutes for Past-24 hour Qx, and blood draw.

Request for Comments Written collection techniques or other forms of Comments Due Date: Comments comments and/or suggestions from the information technology. regarding this information collection are public and affected agencies should Direct Comments to OMB: Written best assured of having their full effect if address one or more of the following comments and/or suggestions regarding received within 30 days of the date of points: (1) Evaluate whether the the item(s) contained in this notice, this publication. proposed collection of information is especially regarding the estimated Dated: April 20, 2006. necessary for the proper performance of public burden and associated response the function of the agency, including Laurie K. Johnson, NIEHS, time, should be directed to the: Office whether the information will have Acting Associate Director for Management practical utility; (2) Evaluate the of Management and Budget, Office of [FR Doc. 06–4087 Filed 5–1–05; 8:45 am] Regulatory Affairs, New Executive accuracy of the agency’s estimate of the BILLING CODE 4140–01–M burden of the proposed collection of Office Building, Room 10235, information, including the validity of Washington, DC 20503, Attention: Desk the methodology and assumptions used; Officer for NIH. To request more (3) Enhance the quality, utility, and information on the proposed project or clarity of the information to be to obtain a copy of the data collection collected; and (4) Minimize the burden plans and instruments, contact: (Insert of the collection of information on those IC applicable information. Include who are to respond, including the use automated, electronic, mechanical, or of appropriate automated, electronic, other technological collection mechanical, or other technological techniques, if applicable.)

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DEPARTMENT OF HEALTH AND federally-funded research and Hand Puncture Protector for Nurses HUMAN SERVICES development. Foreign patent Description of Technology: Available applications are filed on selected for licensing and commercial National Institutes of Health inventions to extend market coverage development is a device that provides for companies and may also be available Government-Owned Inventions; nurses or other health care workers with for licensing. Availability for Licensing protection against accidental needle ADDRESSES: Licensing information may sticks. Specifically, a device has been AGENCY: National Institutes of Health, be obtained by writing to the indicated created which protects the most Public Health Service, HHS. licensing contact at the Office of susceptible areas on the back and sides ACTION: Notice. Technology Transfer, National Institutes of the thumb, forefinger and the area of the hand there between. This offers the of Health, 6011 Executive Boulevard, SUMMARY: The invention listed below is notable advantage of preventing Suite 325, Rockville, Maryland 20852– owned by an agency of the U.S. infections from accidental needle sticks. Government and is available for 3804; telephone: 301/496–7057; fax: This invention is particularly useful licensing in the U.S. in accordance with 301/402–0220. during the risky task of inserting a 35 U.S.C. 207 to achieve expeditious twisted or kinked needle (such as a commercialization of results of Huber needle) into a pot-a-cath.

Inventors: Bonnie C. Thornton et al. SUMMARY: The inventions listed below vision loss for those over the age of fifty (CC). are owned by an agency of the U.S. in the United States and in other Patent Status: U.S. Patent No. Government and are available for developed countries. Thirteen million 5,706,520 issued 13 Jan 1998 (HHS licensing in the U.S. in accordance with Americans over the age of forty have Reference No. E–104–1992/0–US–01). 35 U.S.C. 207 to achieve expeditious ARMD. ARMD is caused by the Licensing Status: Available for non- commercialization of results of deterioration of the central area of the exclusive or exclusive licensing. federally-funded research and retina, or macula, resulting in a loss of Licensing Contact: Michael A. development. Foreign patent central vision. This disease is believed Shmilovich, Esq.; 301/435–5019; applications are filed on selected to be a multigenic disorder, and is [email protected]. inventions to extend market coverage triggered by environmental factors such for companies and may also be available as smoking, age or diet in genetically Dated: April 19, 2006. for licensing. susceptible individuals. Steven M. Ferguson, ADDRESSES: Licensing information and The present invention describes a Director, Division of Technology Development copies of the U.S. patent applications highly predictive genetic test for and Transfer, Office of Technology Transfer, listed below may be obtained by writing universal practical clinical use to National Institutes of Health. to the indicated licensing contact at the identify individuals at increased risk for [FR Doc. 06–4111 Filed 5–1–06; 8:45 am] Office of Technology Transfer, National ARMD. It comprises a rapid, accurate BILLING CODE 4140–01–P Institutes of Health, 6011 Executive and affordable genetic screen, utilizing Boulevard, Suite 325, Rockville, DNA microarray technology on a single Maryland 20852–3804; telephone: (301) chip. Sixteen genes are screened for 90 DEPARTMENT OF HEALTH AND 496–7057; fax: (301) 402–0220. A signed mutations/polymorphisms associated HUMAN SERVICES Confidential Disclosure Agreement will with ARMD, with a high predictive power (up to 92.7%) to identify National Institutes of Health be required to receive copies of the patent applications. asymptomatic carriers at risk. Accurate prediction of genetic susceptibility to Government-Owned Inventions; Predictive Test for Age-Related Availability for Licensing this disorder will allow interventions to Macular Degeneration in Asymptomatic protect at-risk individuals. Individuals AGENCY: National Institutes of Health, Application(s): Diagnostic kit to Public Health Service, HHS. Description of Technology: Age- identify asymptomatic individuals at related macular degeneration (ARMD) is risk for age-related macular ACTION: Notice. the leading cause of severe, irreversible degeneration; make possible the

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identification of genetic factors in an tumors; screening assays for agents that listed below may be obtained by writing affected individual, aiding in the promote proliferation of stem cells or to the indicated licensing contact at the development of a tailored therapeutic inhibit proliferation of cancer cells. Office of Technology Transfer, National plan; provide genetic epidemiologic Market: Treatment for Institutes of Health, 6011 Executive data to elucidate the role of genetic neurodegenerative disorders such as Boulevard, Suite 325, Rockville, factors in the progression of the disease. Parkinson’s disease or stroke; prognostic Maryland 20852–3804; telephone: (301) Market: Individuals at risk for age- marker to help determine response of 496–7057; fax: (301) 402–0220. A signed related macular degeneration. There are individuals with cancer; commercial Confidential Disclosure Agreement will an estimated 15 million cases of age- suppliers or large-scale users of stem be required to receive copies of the related macular degeneration in the cells. patent applications. United States, and 50 million cases Development Status: Early stage. worldwide. Inventors: Andreas Androutsellis- Monoclonal Antibody for Lyme Disease Development Status: This technology Theotokis and Ronald D.G. McKay Diagnostic and Research requires analytic validation before (NINDS). Alan G. Barbour (NIAID) commercialization. Patent Status: U.S. Provisional HHS Reference No. E–075–2006/0— Inventors: Cigdem F. Dogulu, Owen Application No. 60/715,935 filed 08 Sep Research Materials M. Rennert, and Wai-Yee Chan (NICHD) 2005 (HHS Reference No. E–239–2005/ Licensing Contact: Susan Ano; 301/435– Patent Status: U.S. Provisional 0–US–01). 5515; [email protected] Licensing Status: Available for non- Application No. 60/733,042 filed 02 The hybridoma producing a Nov 2005 (HHS Reference No. E–023– exclusive or exclusive licensing. Licensing Contact: Fatima Sayyid, monoclonal antibody against the major 2006/0–US–01) flagellin protein (FlaB) is available for Licensing Status: Available for non- M.H.P.M.; (301) 435–4521; licensing. This antibody can be used in exclusive or exclusive licensing. [email protected]. diagnostic and research applications Licensing Contact: Fatima Sayyid, Collaborative Research Opportunity: related to Lyme disease or other M.H.P.M.; 301/435–4521; The National Institute of Neurological Borrelia-caused conditions. More [email protected] Disorders and Stroke is seeking Collaborative Research Opportunity: statements of capability or interest from information about this antibody can be The NICHD Laboratory of Clinical parties interested in collaborative found in Barbour et al., Infection and Genomics is seeking statements of research to further develop, evaluate, or Immunity, May 1986, volume 52(5), capability or interest from parties commercialize agents that inhibit or pages 549–554. interested in collaborative research to induce phosphorylation of a protein that Broad Spectrum Antiviral Compounds further develop, evaluate, or is a key regulator of proliferation and Gary J. Nabel and Jae Ouk Kim (NIAID) commercialize Method Evolved for survival of stem cells and precursor U.S. Provisional Application No. 60/ Recognition and Testing of Age-Related cells. Please contact Martha Lubet at 775,666 filed 21 Feb 2006 (HHS Macular Degeneration (MERT–ARMD). (301) 435–3120 or [email protected]. Reference No. E–013–2006/0–US–01) Please contact Kenneth J. Rose, Esq, Dated: April 24, 2006. Licensing Contact: Susan Ano; 301/435– PhD., at (301) 496–0477 or Steven M. Ferguson, 5515; [email protected] [email protected] for more Director, Division of Technology Development information. and Transfer Office of Technology Transfer, This technology relates to broad National Institutes of Health. spectrum antiviral compounds for Method for Promoting Stem Cell [FR Doc. E6–6547 Filed 5–1–06; 8:45 am] treatment of infection caused by Survival BILLING CODE 4167–01–P enveloped viruses. The compounds are Description of Technology: fusions molecules of a phospholipase Regenerative medicine holds the and a viral binding polypeptide. The potential to revolutionize the treatment DEPARTMENT OF HEALTH AND subject technology requires the of a host of diseases, such as HUMAN SERVICES phospholipase component of the neurodegenerative disorders, stroke, and antiviral compound to have enzymatic many others. Stem cell technologies are National Institutes of Health activity, whereas previous studies a central focus of regenerative medicine demonstrating antiviral activity of some research and treatment of cancer. An Government-Owned Inventions; phospholipases did not require Availability for Licensing essential component of this research is enzymatic activity. The compounds the ability to control stem cell survival. AGENCY: National Institutes of Health, described by the current technology are This technology describes a method to Public Health Service, HHS. not necessarily virus or viral strain promote stem cell survival and ACTION: Notice. specific, unlike many currently proliferation by manipulating the available antiviral compounds. The phosphorylation state a key protein in SUMMARY: The inventions listed below antiviral activity of the compounds has these processes. This method has been are owned by an agency of the U.S. been demonstrated in vitro with shown to enhance survival and Government and are available for representative viruses pseudotyped with proliferation in stem cell cultures in licensing in the U.S. in accordance with envelope proteins from Ebola, HIV, vitro, and also in neuronal precursor 35 U.S.C. 207 to achieve expeditious Marburg, and VSV. Additionally, the cells in vivo. commercialization of results of antiviral activity was demonstrated with Application(s): Clinical treatment for federally-funded research and wild type HIV. The potential broad stroke and other neurodegenerative development. Foreign patent application of these compounds could diseases by administration of agents that applications are filed on selected address a significant health need for promote stem cell survival and inventions to extend market coverage effective antivirals. proliferation; increased generation of for companies and may also be available The Vaccine Research Center at the stem cells in vitro; diagnostic assay for for licensing. National Institute of Allergy and cancer to determine the ADDRESSES: Licensing information and Infectious Diseases is seeking statements phosphorylation state of the protein in copies of the U.S. patent applications of capability or interest from parties

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interested in collaborative research to SUMMARY: The inventions listed below Insect Cell Production of Recombinant further develop, evaluate, or are owned by an agency of the U.S. Adeno-Associated Virus That Produce commercialize treatments or vaccines Government and are available for Cytotoxic Gene Products and against infections caused by enveloped licensing in the U.S. in accordance with Applications for Solid Tumor Therapy viruses. Please contact Anna Z. Amar at 35 U.S.C. 207 to achieve expeditious Description of Technology: Cancer is 301/451–3525 and/or commercialization of results of the second leading cause of death in [email protected] for more federally-funded research and United States and it is estimated that information. development. Foreign patent there will be approximately 600,000 applications are filed on selected Increased Cytokine Expression deaths caused by cancer in 2006. Due to inventions to extend market coverage the high incidence of death from cancer Barbara Felber and George Pavlakis for companies and may also be available despite the use of current therapies, (NCI) for licensing. there is a strong need for targeted U.S. Provisional Application No. 60/ ADDRESSES: Licensing information and therapeutic approaches such as gene 758,819 filed 13 Jan 2006 (HHS copies of the U.S. patent applications therapy. Reference No. E–254–2005/0–US–01) listed below may be obtained by writing This technology describes a new U.S. Provisional Application No. 60/ to the indicated licensing contact at the method for targeting solid tumors using 758,680 filed 13 Jan 2006 (HHS Office of Technology Transfer, National gene therapy. More specifically, Reference No. E–267–2005/0–US–01) Licensing Contact: Susan Ano; 301/435– Institutes of Health, 6011 Executive mammalian HEC–1 has a critical role in 5515; [email protected] Boulevard, Suite 325, Rockville, chromosome segregation and thus cell Maryland 20852–3804; telephone: 301/ division. This technology involves The current technologies describe 496–7057; fax: 301/402–0220. A signed targeted depletion of HEC–1 using optimization of the genes encoding Confidential Disclosure Agreement will shRNA against the HEC–1 mRNA interleukins 12 (IL–12) and 15 (IL–15), be required to receive copies of the inhibiting cancer cell growth in cell resulting in higher levels of protein patent applications. culture models (in vitro) as well as expression. Cytokines play an important regressed tumor size in mouse model (in Tetracyclines and Derivatives as role in both innate and adaptive vivo). Additionally, this is the sole Inhibitors of Human Tyrosyl-DNA- immune responses. Their utility as technology using an insect cell based phosphodiesterase (Tdp1) immunotherapeutics against infectious recombinant adeno-associated virus disease and cancer as well as vaccine Description of Technology: The (rAAV) gene transfer vehicle with high adjuvants has been previously invention describes tetracycline titer containing the shRNA of interest demonstrated. However, cytokine compounds and their derivatives as thus enabling high dosing during expression from native sequences can be having anticancer activity, as well as therapeutic intervention if necessary. sub-optimal for several reasons, methods of treating cancer. This technology platform has the including potential splice sites within Tetracyclines are commonly used as potential to treat a broad spectrum of RNA and low stability coding antibiotics, however testing of these cancers and related diseases. sequences. The current technologies compounds in a high throughput Applications: A new anti-cancer offer a means to increase expression of screening system for Tdp1 inhibitors adjuvant therapy for non-resectable these important molecules. In vitro revealed them to be potent Tdp1 tumors targeting HEC–1 protein; a new studies show a 5- to 10-fold mean inhibitors. Tdp1 is known to be method involving insect cell based increase in cytokine protein production. important for mutation avoidance under production of recombinant adeno- In some instances, further increased normal growth conditions. Tetracyclines associated virus (rAAV) gene transfer expression was achieved by use of a derivatives are expected to increase the vehicle. heterologous signal peptide. The subject selectivity of chemotherapeutic agents Market: 600,000 deaths from cancer technologies have application to DNA (e.g. camptothecin), for tumors, thereby related diseases estimated in 2006. The vaccination and treatment of diseases increasing the antitumor activity while technology platform involving new such as HIV, hepatitis B or C, cancer, reducing their side effects. cancer therapy and gene therapy and influenza. Some fields of use may technology has a potential market of not be available for licensing. Inventors: Yves Pommier, Christophe Marchand, Laurent Thibaut (NCI). more than 50 billion dollars. Dated: April 24, 2006. Patent Status: U.S. Provisional Development Status: The technology Steven M. Ferguson, Application filed March 27, 2006 (HHS is currently in pre-clinical stage of Director, Division of Technology Development Reference No. E–097–2006/0–US–01). development. and Transfer, Office of Technology Transfer, Inventors: Robert M. Kotin and Lina National Institutes of Health. Licensing Status: Available for non- Li (NHLBI). exclusive or exclusive licensing. [FR Doc. E6–6548 Filed 5–1–06; 8:45 am] Publications: Licensing Contact: Richard Rodriguez; BILLING CODE 4167–01–P 1. EN Gurzov et al., ‘‘RNA 301/435–4013; [email protected]. Interference against Hec 1 inhibits Collaborative Research Opportunity: tumor growth in vivo,’’ Gene Ther. 2006 DEPARTMENT OF HEALTH AND The Laboratory of Molecular Jan; 13 (1):1–7. HUMAN SERVICES Pharmacology at the National Cancer 2. JG DeLuca et al., ‘‘Hec1 and nuf2 Institute is seeking statements of are core components of the kinetochore National Institutes of Health capability or interest from parties outer plate essential for organizing interested in collaborative research to microtubule attachment sites,’’ Mol Biol Government-Owned Inventions; further develop, evaluate, or Cell. 2005 Feb; 16 (2):519–531. Availability for Licensing commercialize tetracycline derivatives, 3. S Martin-Lluesma et al., ‘‘Role of AGENCY: National Institutes of Health, particularly optimizing them for Hec1 in spindle checkpoint signaling Public Health Service, HHS. therapeutic use. Please contact Lisa and kinetochore recruitment of Mad1/ Finkelstein at 301–451–7458 for more Mad2,’’ Science 2002 Sep 27; 297 ACTION: Notice. information. (5590):2267–2270.

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4. T Hori et al., ‘‘Dynamic behavior of folliculin’s function. Identification of DEPARTMENT OF HOUSING AND Nuf2-Hec1 complex that localizes to the the FNIP–1 cDNA sequence will enable URBAN DEVELOPMENT centrosome and centromere and is evaluation of sporadic renal tumors, [Docket No. FR–5052–N–02] essential for mitotic progression in enable the development of cancer vertebrate cells,’’ J Cell Sci. 2003 Aug diagnostics and aid in the treatment of Notice of Proposed Information 15; 116 (Pt 16):3347–3362. BHD skin lesions. Collection: Comment Request; 5. Y Chen et al., ‘‘Phosphorylation of Inventors: Laura S. Schmidt et al. Applicant/Recipient Disclosure/Update the mitotic regulator protein Hec1 by (NCI). Report—HUD 2880 Nek2 kinase is essential for faithful chromosome segregation,’’ J Biol Chem. Patent Status: U.S. Provisional AGENCY: Office of the General Counsel, 2002 Dec 20; 277 (51):49408–49416. Application No. 60/689,749 filed June 9, HUD. Patent Status: U.S. Provisional 2005 (HHS Reference No. E–139–2005/ ACTION: Notice. Application No. 60/782,277 filed 15 Mar 0–US–01). SUMMARY: 2006 (HHS Reference No. E–200–2005/ Licensing Status: Available for non- The proposed information collection requirement described below 0–US–01). exclusive or exclusive licensing. Licensing Status: Available for non- will be submitted to the Office of exclusive or exclusive licensing. Licensing Contact: John Stansberry, Management and Budget (OMB) for Licensing Contact: Jesse S. Kindra, Ph.D.; 301/435–5236; review, as required by the Paperwork J.D.; 301/435–5559; [email protected]. Reduction Act. The Department is [email protected]. Collaborative Research Opportunity: soliciting public comments on the Collaborative Research Opportunity: The National Cancer Institute, Center for subject proposal. The National Heart, Lung, and Blood Cancer Research, is seeking statements DATES: Comments Due Date: July 3, Institute, Laboratory of Biochemical of capability or interest from parties 2006. Genetics, is seeking statements of interested in collaborative research to ADDRESSES: capability or interest from parties Interested persons are further develop, evaluate, or invited to submit comments regarding interested in collaborative research to commercialize folliculin interacting further develop therapeutics using this proposal. Comments should refer to protein FNIP–1 and purified antibodies. the proposal by name and/or OMB rAAV-shRNA to induce selective Please contact Kathy Higinbotham at cytotoxicity in primary and metastatic Control Number and should be sent to: 301–846–5465 or [email protected] Brenda M. Johnson, Reports Liaison solid tumors. Partners are sought for for more information. conducting translational research from Officer, Department of Housing and preclinical trials to clinical trials. Please Bone Morphogenetic Variants, Urban Development, 451 Seventh Street, contact Dr. Vincent Kolesnitchenko, Compositions and Methods of SW., Room 10276, Washington, DC Office of Technology Transfer and Treatment 20410–0500. Development, NHLBI at 301–594–4115 FOR FURTHER INFORMATION CONTACT: or by e-mail ([email protected]) for more Description of Technology: The Timothy Wray, Senior Attorney- information. invention identifies proteins belonging Advisor, Ethics Law Division, Office of to TGF-Beta superfamily that promote General Counsel, Department of Identification of a Novel Folliculin repair of menisci, cruciate and collateral Housing and Urban Development, 451 Interacting Protein, FNIP–1 ligaments of the knee, and rotator cuff Seventh Street, SW., Room 2130, Description of Technology: Renal cell tendons. The application claims nucleic Washington, DC 20410–0500, telephone carcinoma is an important health acids encoding human Cartilage-Derived (202) 708–3815 (this is not a toll-free problem in the United States, affecting Morphogenetic Protein-1 (hCDMP–1) number). This form can be viewed or 32,000 individuals each year and variant polypeptides. Morphogenetic accessed at http://www.hudclips.org/ resulting in 12,000 deaths annually. proteins are able to induce the sub_nonhud/cgi/pdfforms/2880.pdf. Several familial cancer disorders with a proliferation and differentiation of SUPPLEMENTARY INFORMATION: The renal epithelial tumor phenotype have progenitor cells into functional bone, Department is submitting the proposed been well characterized and the cartilage, tendon, or ligament tissue. information collection to OMB for causative genes have been identified Inventors: Malcolm C. Moos et al. review, as required by the Paperwork including the Birt-Hogg-Dube (BHD) (FDA). Reduction Act of 1995 (44 U.S.C. gene. The BHD gene encodes a protein Chapter 35, as amended). called folliculin. Mutations in BHD lead Patent Status: U.S. Provisional This notice is soliciting comments to the development of Birt-Hogg Dube Application No. 60/689,346 filed June 9, from members of the public and syndrome, a dermatologic disorder 2005 (HHS Reference No. E–196–2004/ affecting agencies concerning the associated with an increased risk for 0–US–01). proposed collection of information to: developing renal cancer, spontaneous Licensing Status: Available for non- (1) Evaluate whether the proposed pneumothorax and lung cysts. exclusive or exclusive licensing. collection of information is necessary This invention describes the cloning Licensing Contact: Thomas P. Clouse, for the proper performance of the and characterization of the first J.D.; 301/435–4076; functions of the agency, including folliculin interacting protein FNIP–1 [email protected]. whether the information will have and purified antibodies that selectively practical utility; (2) Evaluate the bind to an epitope of FNIP–1. FNIP–1 Dated: April 25, 2006. accuracy of the agency’s estimate of the interacts with subunits of AMP- David R. Sadowski, burden of the proposed collection of dependent protein kinase (AMPK). The Acting Director, Division of Technology information; (3) Enhance the quality, FNIP–1/AMPK interaction places FNIP– Development and Transfer, Office of utility, and clarity of the information to 1 and folliculin as potential interactors Technology Transfer, National Institutes of be collected; and (4) Minimize the in cellular pathways essential for Health. burden of the collection of information regulating cell growth and cell size. [FR Doc. E6–6549 Filed 5–1–06; 8:45 am] on those who are to respond; including FNIP–1 may play an important role in BILLING CODE 4140–01–P through the use of appropriate

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automated collection techniques or the Department. One feature of the threshold is met. This information must other forms of information technology, statute requires certain disclosures by be kept updated during the application e.g., permitting electronic submission of applicants seeking assistance from HUD, review process and while the assistance responses. assistance from states and units of local is being provided. This Notice also lists the following government, and other assistance to be Agency form numbers, if applicable: information: used with respect to the activities to be HUD 2880. Title of Proposal: Applicant/Recipient carried out with the assistance. The Disclosure/Update Report. disclosure includes the financial Members of affected public: OMB Control Number, if applicable: interests of persons in the activities, and Applicants for HUD competitively 2510–0011. the sources of funds to be made funded assistance. Description of the need for the available for the activities, and the Estimation of the total numbers of information and proposed use: Section proposed uses of the funds. hours needed to prepare the information 102 of the Department of Housing and Each applicant that submits an collection including number of Urban Development Reform Act of 1989 application for assistance, within the respondents, frequency of response, and (HUD Reform Act) requires the jurisdiction of the HUD, to a state or to hours of response: The form, HUD 2880, Department to ensure greater a unit of general local government for a must be submitted as part of an accountability and integrity in the specific project or activity must disclose applicant’s application for provision of assistance administered by this information whenever the dollar competitively funded assistance.

Frequency of Total burden Number of respondents Burden hours response hours

16,900 ...... 2.0 1.2 40,560

Status of the proposed information ADDRESSES: Interested persons are utility, and clarity of the information to collection: Extension of a currently invited to submit comments regarding be collected; and (4) Minimize the approved collection. this proposal. Comments should refer to burden of the collection of information Authority: The Paperwork Reduction Act the proposal by name and/or OMB on those who are to respond; including of 1995, 44 U.S.C. Chapter 35, as amended. Control Number and should be sent to: through the use of appropriate Brenda M. Johnson, Reports Liaison automated collection techniques or Dated: April 25, 2006. Officer, Department of Housing and other forms of information technology, Camille E. Acevedo, Urban Development, 451 Seventh Street, e.g., permitting electronic submission of Associate General Counsel for Legislation and SW., Room 10276, Washington, DC responses. Regulations. 20410–0500. This notice also lists the following [FR Doc. E6–6544 Filed 5–1–06; 8:45 am] FOR FURTHER INFORMATION CONTACT: information: BILLING CODE 4210–67–P Millicent Potts, Assistant General Title of Proposal: Legal Instructions Counsel for Multifamily Mortgage Concerning Applications for Full Division, Office of General Counsel, Insurance Benefits—Assignment of DEPARTMENT OF HOUSING AND Department of Housing and Urban Multifamily Mortgage to the Secretary. URBAN DEVELOPMENT Development, 451 Seventh Street, SW., OMB Control Number, if applicable: Room 9230, Washington, DC 20410– 2510–0006. [Docket No. FR–5052–N–04] 0500, telephone (202) 708–4090 (this is Description of the need for the Notice of Proposed Information not a toll-free number) for a copy of the information and proposed use: Collection: Comment Request; Legal instructions. Mortgagees of HUD-insured mortgages Instructions Concerning Applications SUPPLEMENTARY INFORMATION: The may receive mortgage insurance benefits for Full Insurance Benefits— Department is submitting the proposed upon assignment of mortgages to HUD. Assignment of Multifamily Mortgages information collection to OMB for In connection with the assignment, legal to the Secretary review, as required by the Paperwork documents (e.g., mortgage, mortgage Reduction Act of 1995 (44 U.S.C. note, security agreement, title insurance AGENCY: Office of the General Counsel, Chapter 35, as amended). policiy) must be submitted to the HUD. This notice is soliciting comments Department. The instructions describe ACTION: Notice. from members of the public and the documents to be submitted and the affecting agencies concerning the procedures for submission. SUMMARY: The proposed information proposed collection of information to: Agency form numbers, if applicable: collection requirement described below (1) Evaluate whether the proposed N/A. will be submitted to the Office of collection of information is necessary Members of affected public: Management and Budget (OMB) for for the proper performance of the Mortgagees when applying for insurance review, as required by the Paperwork functions of the agency, including benefits from HUD. Reduction Act. The Department is whether the information will have Estimation of the total number of soliciting public comments on the practical utility; (2) Evaluate the hours needed to prepare the information subject proposal. accuracy of the agency’s estimate of the collection including number of DATES: Comments Due Date: July 3, burden of the proposed collection of respondents, frequency of response, and 2006. information; (3) Enhance the quality, hours of response:

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Frequency of Total burden Number of respondents Burden hours response hours

359 ...... 26 1 9,334

Status of the proposed information (6) section 231(c)(2)(A) (12 U.S.C. • Section 234—Condominium collection: Extension of a currently 1715v(c)(2)(A)); and housing. approved collection. (7) section 234(e)(3)(A) (12 U.S.C. 1715y(e)(3)(A)). Non- Authority: The Paperwork Reduction Act Bedrooms elevator Elevator of 1995, 44 U.S.C. Chapter 35, as amended. The dollar amounts in these sections, which are collectively referred to as the 0 ...... $45,507 47,890 Dated: April 25, 2006. ‘Dollar Amounts,’ shall be adjusted Camille E. Acevedo, 1 ...... 52,470 54,897 annually (commencing in 2004) on the 2 ...... 63,279 66,755 Associate General Counsel Legislation and effective date of the Federal Reserve 3 ...... 80,998 86,358 Regulations. Board’s adjustment of the $400 figure in 4+ ...... 90,235 94,795 [FR Doc. E6–6545 Filed 5–1–06; 8:45 am] the Home Ownership and Equity BILLING CODE 4210–67–P Protection Act of 1994 (HOEPA) (Pub.L. • Section 221(d)(4)—Moderate 103–325, approved September 23, income housing. 1994). The adjustment of the Dollar DEPARTMENT OF HOUSING AND Amounts shall be calculated using the Bedrooms Non- Elevator URBAN DEVELOPMENT percentage change in the Consumer elevator [Docket No. FR–4964-N–02] Price Index for All Urban Consumers 0 ...... $40,955 44,239 (CPI-U) as applied by the Federal 1 ...... 46,488 50,714 Annual Indexing of Basic Statutory Reserve Board for purposes of the 2 ...... 56,192 61,667 Mortgage Limits for Multifamily above-described HOEPA adjustment. 3 ...... 70,531 79,776 Housing Programs HUD has been notified of the 4+ ...... 79,923 87,571 percentage change in the CPI-U used for AGENCY: Office of the Assistant the HOEPA adjustment and the effective Section 231—Housing for the Elderly. Secretary for Housing—Federal Housing date of the HOEPA adjustment. The Commissioner, HUD. percentage change in the CPI-U is 3.51 Bedrooms Non- Elevator ACTION: Notice. percent and the effective date of the elevator HOEPA adjustment is January 1, 2006. 0 ...... $38,938 44,239 SUMMARY: In accordance with section The Dollar Amounts have been adjusted 206A of the National Housing Act, HUD 1 ...... 43,529 50,714 correspondingly and have an effective 2 ...... 51,980 61,667 has adjusted the basic statutory date of January 1, 2006. 3 ...... 62,553 79,776 mortgage limits for multifamily housing The adjusted Dollar Amounts for 4+ ...... 73,541 87,571 programs for calendar year 2006. calendar year 2006 are shown below: EFFECTIVE DATE: January 1, 2006. • Section 207—Manufactured Home Basic Statutory Mortgage Limits for Parks. FOR FURTHER INFORMATION CONTACT: Calendar Year 2006 Joseph E. Malloy, Acting Director, Office Per Space—$18,895 of Multifamily Development, Multifamily Loan Program Dated: April 19, 2006. Department of Housing and Urban • Section 207—Multifamily Housing. Brian D. Montgomery, Development, 451 Seventh Street, SW, • Section 207 pursuant to section Assistant Secretary for Housing-Federal Washington, DC 20410–8000, telephone 223(f)—Purchase or refinance housing. Housing Commissioner. (202) 708–1142 (this is not a toll-free • Section 220—Housing in urban [FR Doc. E6–6543 Filed 5–1–06; 8:45 am] number). Hearing-or speech-impaired renewal areas. BILLING CODE 4210–67–P individuals may access this number through TTY by calling the toll-free Bedrooms Non- Elevator Federal Information Relay Service at elevator DEPARTMENT OF THE INTERIOR (800) 877–8339. 0 ...... $41,154 47,486 SUPPLEMENTARY INFORMATION: The FHA 1 ...... 45,585 53,183 Bureau of Land Management Downpayment Simplification Act of 2 ...... 54,449 65,213 [ID–300–1020–PH] 2002 (Pub. L. 107–326, approved 3 ...... 67,112 81,675 December 4, 2002) amended the 4+ ...... 75,977 92,349 Notice of Public Meeting, Idaho Falls National Housing Act by adding a new • District Resource Advisory Council section 206A (12 U.S.C. 1712a). Under Section 213—Cooperatives. Meeting section 206A, the following are affected: (1) section 207(c)(3)(A) (12 U.S.C. Bedrooms Non- Elevator AGENCY: Bureau of Land Management, 1713(c)(3)(A)); elevator Interior. (2) section 213(b)(2)(A) (12 U.S.C. 0 ...... $44,597 47,486 ACTION: Notice of public meeting. 1715e(b)(2)(A)); 1 ...... 51,420 53,800 (3) section 220(d)(3)(B)(iii)(I) (12 2 ...... 62,015 65,419 SUMMARY: In accordance with the U.S.C. 1715k(d)(3)(B)(iii)(I)); 3 ...... 79,378 84,631 Federal Land Policy and Management (4) section 221(d)(3)(ii)(I) (12 U.S.C. 4+ ...... 88,431 92,900 Act (FLPMA) and the Federal Advisory 1715l(d)(3)(ii)(I)); Committee Act of 1972 (FACA), the U.S. (5) section 221(d)(4)(ii)(I) (12 U.S.C. • Section 221(d)(3)—Moderate Department of the Interior, Bureau of 1715l(d)(4)(ii)(I)); income housing. Land Management (BLM) Idaho Falls

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District Resource Advisory Council or related actions in the National Moore, Tarleton, House, 4784 Northside Dr., (RAC), will meet as indicated below. Register were received by the National Acworth, 06000453 DATES: The meeting will be held June 6– Park Service before April 22, 2006. Illinois Pursuant to § 60.13 of 36 CFR part 60 7, 2006 starting at the Soda Springs City Cook County Council Chambers, 9 West 2nd South, written comments concerning the Soda Springs, Idaho 83276. The meeting significance of these properties under Krause Music Store, 4611 N. Lincoln Ave., the National Register criteria for Chicago, 06000452 will start at 1 p.m. on June 6, with the Union Park Congregational Church and public comment period as the first evaluation may be forwarded by United States Postal Service, to the National Carpenter Chapel, 1613 W. Washington agenda item. The second day will Blvd., Chicago, 06000446 conclude at or before 5 p.m. Following Register of Historic Places, National Henry County the first two hours of the meeting at the Park Service, 1849 C St. NW., 2280, Soda Springs City Hall, the rest of the Washington, DC 20240; by all other Kewanee Public Library, (Illinois Carnegie meeting will be conducted as a field carriers, National Register of Historic Libraries MPS) 102 S Tremont, Kewanee, tour. Meeting attendees outside of BLM Places, National Park Service, 1201 Eye 06000447 staff and RAC members should provide St. NW., 8th floor, Washington DC Kankakee County their own transportation if they wish to 20005; or by fax, 202–371–6447. Written Downtown Momence Historic District, participate. or faxed comments should be submitted Roughly Washington St., from N. Locust to by May 17, 2006. SUPPLEMENTARY INFORMATION: The 15- Pine and Dixie Hwy., from 2nd to River, member Council advises the Secretary John W. Roberts, Momence, 06000449 Durham—Perry Farmstead, 459 N. Kennedy of the Interior, through the Bureau of Acting Chief, National Register/National Dr., Bourbonnais, 06000445 Land Management, on a variety of Historic Landmarks Program. Sangamon County planning and management issues Alabama associated with public land Jennings Ford Automobile Dealership, 431 S. management in the BLM Idaho Falls Calhoun County Fourth St., Springfield, 06000450 District (IFD), which covers eastern Profile Cotton Mills Historic District, Will County Idaho. At this meeting, the Advisory Alexandria St., A St., H St., and D St., Jacksonville, 06000436 McGovney—Yunker Farmstead, 10824 Council will receive updates on current LaPorte Rd., Mokena, 06000448 IFD and BLM Idaho issues. The field Colbert County tour for the RAC will be to Blackfoot Muscle Shoals Sound Studio, 3614 Jackson Iowa Reservoir Campground on June 6 and Hwy., Sheffield, 06000437 Woodbury County the Simplot Smoky Canyon Mine on Jefferson County Swedish Evangelical Lutheran Augustana June 7. Woodlawn Highlands Historic District, Church, 600 Court St., Sioux City, All meetings are open to the public. Bounded by 5th Ave. S, Crestwood Blvd., 06000444 The public may present written and 56th and 61st. Sts. S, Birmingham, Maryland comments to the Council. Each formal 06000438 Council meeting will also have time Montgomery County Anne Arundel County allocated for hearing public comments. Winter Place, 454 S. Goldwaite St., Linthicum Heights Historic District, Roughly Depending on the number of persons Montgomery, 06000439 bounded by Camp Meade Rd., Homewood Rd., Twin Oaks Rd. Locust Grove Rd. and wishing to comment and time available, Alaska the time for individual oral comments Forest View Rd., Linthicum, 06000451 may be limited. Individuals who plan to Southeast Fairbanks Borough-Census Area F.E. Company Dredge No. 4, 0.25 mi. Minnesota attend and need special assistance, such Chicken Airport Rd., mi. 66.4 Taylor Hwy, Fillmore County as sign language interpretation, tour Chicken, 06000435 transportation or other reasonable Milwaukee Elevator, (Grain Elevator Design Arizona in Minnesota MPS), Fillmore Street and accommodations, should contact the Root River State Trail, Preston, 06000454 BLM as provided below. Maricopa County St. Louis County FOR FURTHER INFORMATION CONTACT: Medlock Place Historic District, Roughly David Howell, RAC Coordinator, Idaho bounded by Missouri Ave., Camelback Rd., Duluth Commercial Historic District, Falls District, 1405 Hollipark Dr., Idaho 7th Ave. and Central Ave. Phoenix, Superior and 1st bet. 4th Ave. W and 4th 06000434 Ave. E, Duluth, 06000455 Falls, ID 83401. Telephone (208) 524– 7559. E-mail: [email protected]. Arkansas South Dakota Dated: April 26, 2006. Clay County Clay County David Howell, Piggott National Guard Armory, 775 E. Main Bluff View Cemetery Chapel, 0.2 mi. S of jct. St., Piggott, 06000440 RAC Coordinator, Public Affairs Specialist. of Crawford Rd. and Pinehurst Dr., Vermillion, 06000458 [FR Doc. E6–6585 Filed 5–1–06; 8:45 am] Desha County BILLING CODE 4310–GG–P McGehee National Guard Armory, 1610 S. Fall River County First St., McGehee, 06000441 Bartlett—Myers Building, 5061⁄2 2nd Ave., Florida Edgemont, 06000457 DEPARTMENT OF THE INTERIOR Hillsborough County Hughes County National Park Service Roosevelt Elementary School, 3205 S. Hilger Block, 361 S. Pierre, Pierre, 06000456 Ferdinand Ave., Tampa, 06000443 Miner County National Register of Historic Places; Martin County Coughlin House, 260 W. Main St., Carthage, Notification of Pending Nominations Seminole Inn, 15885 SE Warfield Blvd., 06000460 and Related Actions Indiantown, 06000442 Minnehaha County Nominations for the following Georgia Tuthill, John W., Lumber Company, 311 E. properties being considered for listing Cobb County 8th St., Sioux Falls, 06000459

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Union County DATES: Comments on this notice must be existing users, characterize their use of Swanson House, 30572 483rd Ave., Alcester, received by July 3, 2006. the New Melones Project, assess their 06000461 ADDRESSES: Address all comments satisfaction with their experience and A request for REMOVAL has been made for concerning this information collection the facilities, and find out what other the following resource: to Bureau of Reclamation, Central opportunities or facilities they would South Dakota California Area Office, 7794 Folsom like to see developed at the New Lawrence County Dam Road, Folsom, CA 95630. Melones Lake Project. The purpose of Sunderland, James, House 711 Canyon, FOR FURTHER INFORMATION CONTACT: For the regional telephone survey is to Spearfish, 90001648 further information or a copy of the characterize regional population, their [FR Doc. 06–4126 Filed 5–1–06; 8:45 am] proposed collection of information outdoor recreation use, the demand for BILLING CODE 4312–51–P form, contact Ms. Elizabeth Ayres, various types of outdoor recreation Bureau of Reclamation, telephone 916– activities, trends in outdoor recreation 989–7192, or at the address above. use, and the extent to which regional DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Comments population use New Melones Lake are invited on: (a) Whether the proposed Project, Sonora, CA. Together the on-site Bureau of Reclamation collection of information is necessary survey and the regional telephone for the proper performance of survey shall describe the recreational Information Collection Activities; Reclamation’s functions, including preferences of visitors to the New Proposed Collection; Comment whether the information will have Melones Lake Project and provide Request practical use; (b) the accuracy of guidance on what recreational planning AGENCY: Reclamation’s estimated time and cost Bureau of Reclamation, objectives should be included in the Interior. burdens of the proposed collection of New Melones Lake Project RMP/EIS. ACTION: Notice and request for information, including the validity of comments. the methodology and assumptions used; Description of respondents: Persons (c) ways to enhance the quality, use, and who recreate at New Melones Lake SUMMARY: In accordance with the clarity of the information to be Project and the areas surrounding New Paperwork Reduction Act of 1995, this collected; and (d) ways to minimize the Melones Lake Project, and residents in notice announces that the Bureau of burden of the collection of information Sonora and Tuolumne counties. Reclamation (Reclamation) intends to on respondents, including increased use Frequency: This is a one-time seek approval of the following proposed of automated collection techniques or voluntary survey. new information collection: Recreation other forms of information technology. Survey, New Melones Lake Project, Consideration will be given to Estimated Total Number of Sonora, CA. Before submitting the comments and suggestions submitted Respondents: 1,500. information collection request to the within 60 days of this publication. Estimated Number of Responses per Office of Management and Budget for Title: Recreation Survey, New Respondent: 1. approval, Reclamation is soliciting Melones Lake Project, Sonora, CA. comments on specific aspects of the Abstract: The purpose of the on-site Estimated Total Annual Burden on information collection. recreation survey is to characterize Respondents: 375 hours.

ESTIMATE OF BURDEN FOR EACH FORM

Burden esti- Annual burden Form mate per form Number of on respondents (in minutes) respondents (in hours)

On-site survey ...... 15 1250 312 .5 Telephone survey ...... 15 250 62 .5

Total ...... 1500 375

Our practice is to make comments, organizations or businesses, available DEPARTMENT OF THE INTERIOR including names and home addresses of for public disclosure in their entirety. Office of Surface Mining Reclamation respondents, available for public Dated: April 24, 2006. review. Individual respondents may and Enforcement Michael R. Finnegan, request that we withhold their home address from public disclosure, which Area Manager of Central California Area Notice of Proposed Information Collection for 1029–0027 we will honor to the extent allowable by Office, Mid-Pacific Region. [FR Doc. E6–6593 Filed 5–1–06; 8:45 am] law. There also may be circumstances in AGENCY: Office of Surface Mining which we would withhold a BILLING CODE 4310–MN–P Reclamation and Enforcement. respondent’s identity from public ACTION: Notice and request for disclosure, as allowable by law. If you comments. wish us to withhold your name and/or address, you must state this SUMMARY: In compliance with the prominently at the beginning of your Paperwork Reduction Act of 1995, the comment. We will make all submissions Office of Surface Mining Reclamation from organizations or businesses, and and Enforcement (OSM) is announcing from individuals identifying themselves its intention to request approval to as representatives or officials of continue the collections of information

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under 30 CFR part 740, Surface Coal and reclamation operations on Federal provided for in subheading 3802.10.00 Mining and Reclamation Operations on lands. of the Harmonized Tariff Schedule of Federal Lands. This information OMB Control Number: 1029–0027. the United States, that are alleged to be collection activity was previously Summary: Section 523 of SMCRA sold in the United States at less than fair approved by the Office of Management requires that a Federal lands program be value (LTFV). and Budget (OMB), and assigned established to govern surface coal Commencement of Final Phase clearance numbers 1029–0027. mining and reclamation operations on Investigation DATES: Comments on the proposed Federal lands. The information information collection must be received requested is needed to assist the Pursuant to section 207.18 of the by July 3, 2006, to be assured of regulatory authority determine the Commission’s rules, the Commission consideration. eligibility of an applicant to conduct also gives notice of the commencement surface coal mining operations on of the final phase of its investigation. ADDRESSES: Comments may be mailed to Federal lands. The Commission will issue a final phase John A. Trelease, Office of Surface Frequency of Collection: Once. notice of scheduling, which will be Mining Reclamation and Enforcement, Description of Respondents: published in the Federal Register as 1951 Constitution Ave., NW., Room Applicants for surface coal mine provided in section 207.21 of the 202—SIB, Washington, DC 20240. permits on Federal lands, and State Commission’s rules, upon notice from Comments may also be submitted Regulatory Authorities. the Department of Commerce electronically to [email protected]. Total Annual Responses: 42. (Commerce) of an affirmative FOR FURTHER INFORMATION CONTACT: To Total Annual Burden Hours for preliminary determination in the request a copy of the information Applicants: 2,602. investigation under section 733(b) of the collection requests, explanatory Total Annual Burden Hours for Act, or, if the preliminary determination information and related forms, contact States: 800. is negative, upon notice of an John A. Trelease, at (202) 208–2783. Total Annual Burden for All affirmative final determination in that SUPPLEMENTARY INFORMATION: OMB Respondents: 3,402. investigation under section 735(a) of the regulations at 5 CFR part 1320, which Dated: April 26, 2006. Act. Parties that filed entries of appearance in the preliminary phase of implementing provisions of the John R. Craynon, the investigation need not enter a Paperwork Reduction Act of 1995 (Pub. Chief, Division of Regulatory Support. L. 104–13), require that interested separate appearance for the final phase [FR Doc. 06–4125 Filed 5–1–06; 8:45 am] members of the public and affected of the investigation. Industrial users, agencies have an opportunity to BILLING CODE 4310–05–M comment on information collection and forms of activated carbon that are activated by steam or CO , regardless of raw material, grade, recordkeeping activities [see 5 CFR 2 INTERNATIONAL TRADE mixture, additives, further washing or post- 1320.8 (d)]. This notice identifies an activation chemical treatment (chemical or water information collection that OSM will be COMMISSION washing, chemical impregnation or other submitting to OMB for approval. This treatment), or product form. Unless specifically [Investigation No. 731–TA–1103 excluded, this definition covers all physical forms collection is contained in 30 CFR part (Preliminary)] of certain activated carbon, including powdered 740, General requirements for surface activated carbon (‘‘PAC’’), granular activated carbon coal mining and reclamation operations Certain Activated Carbon From China (‘‘GAC’’), and pelletized activated carbon. on Federal lands (1029–0027). OSM will Excluded from this definition are chemically- Determination request a 3-year term of approval for this activated carbons. The carbon-based raw material 1 used in the chemical activation process is treated information collection activity. On the basis of the record developed with a strong chemical agent, including but not Comments are invited on: (1) The in the subject investigation, the United limited to phosphoric acid or zinc chloride sulfuric need for the collection of information States International Trade Commission acid, that dehydrates molecules in the raw material, (Commission) determines, pursuant to and results in the formation of water that is for the performance of the functions of removed from the raw material by moderate heat the agency; (2) the accuracy of the section 733(a) of the Tariff Act of 1930 treatment. The activated carbon created by chemical agency’s burden estimates; (3) ways to (19 U.S.C. 1673b(a)) (the Act), that there activation has internal porosity developed primarily enhance the quality, utility and clarity is a reasonable indication that an due to the action of the chemical dehydration agent. industry in the United States is Chemically activated carbons are typically used to of the information collection; and (4) activate raw materials with a lignocellulosic ways to minimize the information materially injured by reason of imports component such as cellulose, including wood, collection burden on respondents, such from China of certain activated carbon,2 sawdust, paper mill waste and peat. as use of automated means of collection To the extent that an imported activated carbon of the information. A summary of the 1 1 The record is defined in sec. 207.2(f) of the product is a blend of steam and chemically activated carbons, products containing 50 percent public comments will accompany Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). or more steam (or CO2 gas) activated carbons are OSM’s submission of the information 2 For purposes of this investigation, the product within this definition, and those containing more collection requests to OMB. covered is certain activated carbon defined as a than 50 percent chemically activated carbons are The following information is provided powdered, granular or pelletized carbon product outside this definition. for the information collection: (1) Title obtained by ‘‘activating’’ with heat and steam Also excluded from this definition are reactivated various materials containing carbon, including but carbons and activated carbon cloth. Reactivated of the information collection; (2) OMB not limited to coal (including bituminous, lignite carbons are previously used activated carbons that control number; (3) summary of the and anthracite), wood, coconut shells, olive stones, have had adsorbed materials removed from their information collection activity; and (4) and peat. The thermal and steam treatments remove pore structure after use through the application of frequency of collection, description of organic materials and create an internal pore heat, steam and/or chemicals. Activated carbon structure in the carbon material. The producer can cloth is a woven textile fabric made of or containing the respondents, estimated total annual also use carbon dioxide gas (CO2) in place of steam activated carbon fibers. It is used in masks and responses, and the total annual in this process. The vast majority of the internal filters and clothing of various types where a woven reporting and recordkeeping burden for porosity developed during the high temperature format is required. the collection of information. steam (or CO2 gas) activation process is a direct Any activated carbon meeting the physical result of oxidation of a portion of the solid carbon description of subject merchandise provided above Title: 30 CFR Part 740—General atoms in the raw material, converting them into a that is not expressly excluded from this definition requirements for surface coal mining gaseous form of carbon. This definition covers all is included within the definition.

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and, if the merchandise under The Department of Justice (DOJ), (2) Title of the Form/Collection: investigation is sold at the retail level, Office of Justice Programs (OJP), Office Victims of Crime Act, Crime Victim representative consumer organizations for Victims of Crime (OVC) has Assistance Grant Program, Performance have the right to appear as parties in submitted the following information Report. collection request to the Office of Commission antidumping and (3) Agency form number, if any, and countervailing duty investigations. The Management and Budget (OMB) for the applicable component of the Secretary will prepare a public service review and approval in accordance with Department sponsoring the collection: list containing the names and addresses the Paperwork Reduction Act of 1995. of all persons, or their representatives, The proposed information collection is The form number is 1121–0115. Office who are parties to the investigation. published to obtain comments from the of Victims of Crime, Office of Justice public and affected agencies. This Programs, U.S. Department of Justice is Background proposed information collection was sponsoring the collection. On March 8, 2006, a petition was filed previously published n the Federal (4) Affected public who will be asked with the Commission and Commerce by Register Volume 70, Number 178, page or required to respond, as well as a brief Calgon Carbon Corporation, Pittsburgh, 54573 on September 15, 2005, allowing abstract: Primary: Primary: State PA, and Norit Americas, Inc., Marshall, for a 60 day comment period. government. Other: None. The VOCA, TX, alleging that an industry in the The purpose of this notice is to allow Crime Victim Assistance Grant Program, United States is materially injured by for an additional 30 days for public State Performance Report is a required comment until June 1, 2006. this reason of LTFV imports of certain annual submission by state grantees to activated carbon from China. process is conducted in accordance with report to the Office for Victims of Crime Accordingly, effective March 8, 2006, 5 CFR 1320.10. (OVC) on the uses and effects VOCA the Commission instituted antidumping Written comments and/or suggestions duty investigation No. 731–TA–1103 regarding the items contained in this victim assistance grant funds have had (Preliminary). notice, especially the estimated public on services to crime victim in the State, Notice of the institution of the burden and associated response time, to certify compliance with the eligibility Commission’s investigation and of a should be directed to the Office of requirement of VOCA, and to provide a public conference to be held in Management and Budget, Office of summary of supported activities carried connection therewith was given by Information and Regulatory Affairs, out within the State during the grant posting copies of the notice in the Office Attention Department of Justice Desk period. This information will be of the Secretary, U.S. International Officer, Washington, DC 20503. aggregated and serve as supporting Trade Commission, Washington, DC, Additionally, comments may be documentation for the Director’s and by publishing the notice in the submitted to OMB via facsimile to (202) biennial report to the President and to Federal Register of March 15, 2006 (71 395–5806. Written comments and the Congress on the effectiveness of the FR 13430). The conference was held in suggestions from the public and affected activities supported by these grants. Washington, DC, on March 30, 2006, agencies concerning the proposed collection of information are (5) An estimate of the total number of and all persons who requested the respondents and the amount of time opportunity were permitted to appear in encouraged. Your comments should estimated for an average respondent to person or by counsel. address one or more of the following The Commission transmitted its four points: respond/reply: The information to determination in this investigation to —Evaluate whether the proposed compile these reports will be drawn the Secretary of Commerce on April 24, collection of information is necessary from victim assistance program data to 2006. The views of the Commission are for the proper performance of the the 57 respondents (grantees). The contained in USITC Publication 3852 functions of the agency, including number of victim assistance programs (May 2006), entitled Certain Activated whether the information will have varies widely from state to state. A state Carbon from China: Investigation No. practical utility; could be responsible for compiling 731–TA–1103 (Preliminary). —Evaluate the accuracy of the agencies subgrant data for as many as 391 By order of the Commission. estimate of the burden of the programs (Ohio) to as few as 12 Issued: April 26, 2006. proposed collection of information, programs (District of Columbia). including the validity of the Marilyn R. Abbott, Therefore, the estimated clerical hours methodology and assumptions used; can range from 1 to 70 hours. Secretary to the Commission. —Enhance the quality, utility, and [FR Doc. E6–6546 Filed 5–1–06; 8:45 am] clarity of the information to be (6) An estimate of the total public BILLING CODE 7020–02–P collected; and burden (in hours) associated with the —Minimize the burden of the collection collection: The current estimated of information on those who are to burden is 1,197 (20) hours per DEPARTMENT OF JUSTICE respond, including through the use of respondent (estimate median) + 1 hour appropriate automated, electronic, per respondent for recordkeeping × 57 Office of Justice Programs mechanical, or other technological respondents = 1,197). There is no collection techniques or other forms increase in the annual recordkeeping Office for Victims of Crime; Agency of information technology, e.g., and reporting burden. Information Collection Activities: permitting electronic submission of If additional information is required Proposed Collection; Comments responses. Requested contact: Robert B. Briggs, Department Clearance Officer, United States ACTION: 30-Day Notice of Information Overview of This Information Department of Justice, Justice Collection Under Review: Extension of Collection Management Division, Policy and a currently approved collection; Victims (1) Type of Information Collection: Planning Staff, Patrick Henry Building, of Crime Act, Crime Victim Assistance Extension of a currently approved Suite 1600, 601 D Street, NW., Grant Program Performance Report. collection. Washington, DC 20530.

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Dated: April 25, 2006. beneficiaries; BLBA also requires that Total Respondents: 735,000. Robert B. Briggs, OWCP pay for medical examinations Total Responses: 2,940,000. Department Clearance Officer, Department of and related diagnostic services to Time per Response: 7 minutes. Justice. determine eligibility for benefits under Frequency: On occasion. [FR Doc. 06–4100 Filed 5–1–05; 8:45 am] that statute. In order to determine Estimated Total Burden Hours: BILLING CODE 4410–18–M whether billed amounts are appropriate, 343,574. OWCP needs to identify the patient, the Total Burden Cost (capital/startup): injury or illness that was treated or $0. DEPARTMENT OF LABOR diagnosed, the specific services that are Total Burden Cost (operating/ rendered and their relationship to the maintenance): $0. Employment Standards Administration work-related injury or illness. The Comments submitted in response to regulations implementing these statutes this notice will be summarized and/or Proposed Collection; Comment require the use of Form OWCP–1500 for included in the request for Office of Request medical bills submitted by certain Management and Budget approval of the physicians and other providers (20 CFR information collection request; they will ACTION: Notice. 10.801, 30.701, 725.405, 725.406, also become a matter of public record. SUMMARY: The Department of Labor, as 725.701 and 725.704). The OWCP–1500 Dated: April 27, 2006. part of its continuing effort to reduce is used by OWCP and contractor bill Ruben L. Wiley, paperwork and respondent burden, payment staff to process bills for Chief, Branch of Management Review and conducts a preclearance consultation medical services provided by medical Internal Control, Division of Financial program to provide the general public professionals other than medical Management, Office of Management, and Federal agencies with an services provided by hospitals, Administration and Planning, Employment opportunity to comment on proposed pharmacies, and certain other providers. Standards Administration. and/or continuing collections of This information collection is currently [FR Doc. E6–6600 Filed 5–1–06; 8:45 am] information in accordance with the approved for use through November 30, BILLING CODE 4510–CR–P Paperwork Reduction Act of 1995 2006. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This II. Review Focus: The Department of program helps to ensure that requested Labor is particularly interested in FEDERAL MINE SAFETY AND HEALTH data can be provided in the desired comments which: REVIEW COMMISSION format, reporting burden (time and • Evaluate whether the proposed financial resources) is minimized, collection of information is necessary Sunshine Act; Meeting collection instruments are clearly for the proper performance of the understood, and the impact of collection functions of the agency, including April 24, 2006. requirements on respondents can be whether the information will have TIME AND DATE: 10 a.m., Thursday, May properly assessed. Currently, the practical utility; 18, 2006. Employment Standards Administration • Evaluate the accuracy of the PLACE: The Richard V. Backley Hearing is soliciting comments concerning the agency’s estimate of the burden of the Room, 9th Floor, 601 New Jersey proposed collection: Health Insurance proposed collection of information, Avenue, NW., Washington, DC. Claim Form (OWCP–1500). A copy of including the validity of the STATUS: Open. methodology and assumptions used; the proposed information collection MATTERS TO BE CONSIDERED: The • Enhance the quality, utility and request can be obtained by contacting Commission will consider and act upon clarity of the information to be the office listed below in the addressee the following in open session: Secretary section of this Notice. collected; and • Minimize the burden of the of Labor v. Cumberland Coal Resources, DATES: Written comments must be LP, Docket Nos. PENN 2004–73–R, submitted to the office listed in the collection of information on those who are to respond, including through the PENN 2004–74–R, PENN 2004–75–R, addressee section below on or before PENN 2004–85–R, PENN 2004–86–R, July 3, 2006. use of appropriate automated, electronic, mechanical, or other PENN 2004–87–R, PENN 2004–88–R, ADDRESSES: Ms. Hazel M. Bell, U.S. technological collection techniques or PENN 2004–104–R, PENN 2004–105–R, Department of Labor, 200 Constitution other forms of information technology, PENN 2004–181, and PENN 2005–8. Ave., NW., Room S–3201, Washington, e.g., permitting electronic submissions (Issues include whether substantial DC 20210, telephone (202) 693–0418, of responses. evidence supports the judge’s findings fax (202) 693–1451, E-mail III. Current Actions: The Department that Cumberland violated 30 CFR [email protected]. Please use only one of Labor seeks approval for the 75.334(b)(1) on three occasions because method of transmission for comments extension of this information collection its bleeder system failed to effectively (mail, fax, or E-mail). in order to carry out its responsibility to dilute and carry away methane; whether SUPPLEMENTARY INFORMATION: provide payment for certain covered substantial evidence supports the I. Background: The Office of Workers’ medical services to injured employees judge’s findings that Cumberland had Compensation Programs (OWCP) is the who are covered under FECA, BLBA notice that its bleeder system violated agency responsible for administration of and EEOICPA. 30 CFR 75.334(b)(1); and whether the the Federal Employees’ Compensation Type of Review: Extension. judge correctly found that MSHA acted Act (FECA), 5 U.S.C. 8101, et seq., the Agency: Employment Standards within its discretion in issuing Black Lung Benefits Act (BLBA), 30 Administration. imminent danger withdrawal orders on U.S.C. 901 et seq. and the Energy Title: Health Insurance Claim Form. two occasions). Employees Occupational Illness OMB Number: 1215–0055. The Commission will hear oral Compensation Program Act of 2000 Agency Number: OWCP–1500. argument in this matter on May 11, (EEOICPA), 42 U.S.C. 7384 et seq. All Affected Public: Individual or 2006. three of these statutes require that households; Business or other for-profit; Any person attending this meeting OWCP pay for medical treatment of Not-for-profit institutions. who requires special accessibility

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features and/or auxiliary aids, such as 9300 for TDD Relay/1–800–877–8339 7. Abstract: NRC regulations require sign language interpreters, must inform for toll free. NRC licensees to report incidents and events involving the use, transportation the Commission in advance of those Jean H. Ellen, needs, subject to 29 CFR 2706.150(a)(3) and security of radioactive byproduct Chief Docket Clerk. and 2706.160(d). material, and source material, such as [FR Doc. 06–4156 Filed 4–28–06; 12:20 pm] those involving radiation CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 6735–01–M overexposures, leaking or contaminated Jean Ellen, (202) 434–9950/(202) 708– sealed source(s), release of excessive 9300 for TDD Relay/1–800–877–8339 contamination of radioactive material, for toll free. NUCLEAR REGULATORY lost or stolen radioactive material, COMMISSION equipment failures, abandoned well Jean H. Ellen, logging sources and medical events. Chief Docket Clerk. Agency Information Collection Agreement State licenses are also [FR Doc. 06–4155 Filed 4–28–06; 12:20 pm] Activities: Proposed Collection; required to report these events to their BILLING CODE 6735–01–M Comment Request individual Agreement State regulatory AGENCY: U. S. Nuclear Regulatory authorities under compatible Agreement Commission (NRC). State regulations. NRC is requesting that FEDERAL MINE SAFETY AND HEALTH ACTION: Notice of pending NRC action to the Agreement States provide REVIEW COMMISSION submit an information collection information to NRC on the initial request to OMB and solicitation of notification, response actions, and Sunshine Act; Meeting public comment. follow-up investigations on events involving the use (including suspected April 24, 2006. SUMMARY: The NRC is preparing a theft or terrorist activities) of nuclear TIME AND DATE: 10 a.m., Thursday, May submittal to OMB for review of materials regulated pursuant to the 4, 2006. continued approval of information Atomic Energy Act. The event collections under the provisions of the information should be provided in a PLACE: The Richard V. Backley Hearing Paperwork Reduction Act of 1995 (44 uniform electronic format, for Room, 9th Floor, 601 New Jersey U.S.C. Chapter 35). assessment and identification of any Avenue, NW., Washington, DC. Information pertaining to the facilities/site specific or generic safety requirement to be submitted: STATUS: Open. concerns that could have the potential 1. The title of the information to impact public health and safety. The MATTERS TO BE CONSIDERED: The collection: Nuclear Material Events identification and review of safety Commission will consider and act upon Database (NMED) for the Collection of concerns may result in lessons learned, the following in open session: Secretary Event Report, Response, Analyses, and and may also identify generic issues for of Labor v. Plateau Mining Corporation, Follow-up Data on Events Involving the further study which could result in Docket Nos. WEST 2002–207 and WEST Use of Atomic Energy Act (AEA) proposals for changes or revisions to 2002–278. (Issues include whether the Radioactive Byproduct Material. technical or regulatory designs, judge correctly determined that 2. Current OMB approval number: processes, standards, guidance or Plateau’s bleeder system was not (3150–0178). requirements. 3. How often the collection is functioning in accordance with the Submit, by July 3, 2006, comments required: Agreement States are requirements of 30 CFR 75.334(b)(1); that address the following questions: requested to provide copies of licensee 1. Is the proposed collection of whether the judge correctly determined material event reports electronically or information necessary for the NRC to that Plateau’s alleged violation of by hard copy to NRC on a monthly basis properly perform its functions? Does the section 75.334(b)(1) was of a significant or within 30 days of receipt from their information have practical utility? and substantial nature; whether the licensee. This schedule provides the 2. Is the burden estimate accurate? judge correctly determined that Plateau Agreement States 30 days to assess the 3. Is there a way to enhance the violated 30 CFR 75.370(a) because its licensee information prior to providing quality, utility, and clarity of the ventilation plan did not include a the information to NRC. Reportable information to be collected? breached undercast; and whether the events involve industrial, commercial, 4. How can the burden of the judge correctly determined that an medical use, and/or academic use of information collection be minimized, operator may be held to have violated radioactive byproduct materials. In including the use of automated section 75.334(b)(1) even if it has addition, Agreement States are collection techniques or other forms of complied with the terms of its requested to report events that may pose information technology? ventilation plan). a significant health and safety hazard to A copy of the draft supporting statement may be viewed free of charge The Commission will hear oral the NRC Headquarters Operations Officer within the next working day of at the NRC Public Document Room, One argument in this matter on April 27, notification by an Agreement State White Flint North, 11555 Rockville 2006. licensee. Pike, Room O–1 F21, Rockville, MD Any person attending this meeting 4. Who is required or asked to report: 20852. OMB clearance requests are who requires special accessibility Current Agreement States and any State available at the NRC Worldwide Web features and/or auxiliary aids, such as receiving Agreement State status in the site: http://www.nrc.gov/public-involve/ sign language interpreters, must inform future. doc-comment/omb/index.html. The the Commission in advance of those 5. The number of annual respondents: document will be available on the NRC needs, subject to 29 CFR 2706.150(a)(3) 34. home page site for 60 days after the and 2706.160(d). 6. The number of hours needed signature date of this notice. annually to complete the requirement or Comments and questions about the CONTACT PERSON FOR MORE INFORMATION: request: 756 hours (an average of 22 information collection requirements Jean Ellen, (202) 434–9950/(202) 708– hours per respondent). may be directed to the NRC Clearance

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Officer, Brenda Jo. Shelton (T–5 F53), the proceeding are Concerned Citizens located in ADAMS may contact the NRC U.S. Nuclear Regulatory Commission, of Honolulu, Pa’ina Hawaii, LLC, and Public Document Room reference staff Washington, DC 20555–0001, by the NRC Staff. The issues to be by telephone at 1–800–397–4209 or telephone at 301–415–7233, or by considered are the admitted 301–415–4737, or by e-mail to Internet electronic mail to contentions. [email protected]. [email protected]. Please take notice that a hearing will It is so ordered. be conducted in this proceeding. The Dated at Rockville, Maryland, this 25th day Dated: April 26, 2006 at Rockville, of April 2006. hearing will be governed by the Maryland. informal hearing procedures set forth in For the Nuclear Regulatory Commission. For the Atomic Safety and Licensing 10 CFR part 2, subpart L, 10 CFR 2 Brenda Jo. Shelton, Board. 2.1200–.1213. Except to the extent an Thomas S. Moore, NRC Clearance Officer, Office of the Chief early settlement or other circumstance Chairman, Administrative Judge. Information Officer. renders them unnecessary, the Board [FR Doc. E6–6621 Filed 5–1–06; 8:45 am] [FR Doc. E6–6633 Filed 5–1–06; 8:45 am] may conduct an oral argument, may BILLING CODE 7590–01–P hold pre-hearing conferences, and may BILLING CODE 7590–01–P conduct an oral hearing. Unless otherwise ordered, the public is invited NUCLEAR REGULATORY NUCLEAR REGULATORY to attend any argument, pre-hearing COMMISSION COMMISSION conference, or oral hearing. Notices of [Docket No. 30–36974–ML; ASLBP No. 06– these sessions will be published in the Advisory Committee on Reactor 843–01–ML] Federal Register and/or made available Safeguards; Meeting of the to the public at the NRC Public Subcommittee on Plant License Atomic Safety and Licensing Board; Document Room, located at One White Renewal; Notice of Meeting Before Administrative Judges: Thomas Flint, 11555 Rockville Pike (first floor), S. Moore, Chairman, Dr. Paul Rockville, Maryland, and through the The ACRS Subcommittee on Plant Abramson, Dr. Anthony J. Baratta; In NRC Web site, http://www.nrc.gov. License Renewal will hold a meeting on the Matter of Pa’ina Hawaii, LLC In addition, pursuant to 10 CFR May 30, 2006, Room T–2B3, 11545 (Material License Application); Notice 2.315(a), any person not a party to the Rockville Pike, Rockville, Maryland. of Hearing proceeding may submit a written The entire meeting will be open to limited appearance. Limited appearance public attendance. April 26, 2006. statements, which are placed in the The agenda for the subject meeting This proceeding involves the docket of the proceeding, provide shall be as follows: application by Pa’ina Hawaii, LLC, members of the public with the Tuesday, May 30, 2006—1:30 p.m.–5 submitted on June 27, 2005, for a opportunity to make the Board and the p.m. possession and use materials license to parties aware of their concerns about the The purpose of this meeting is to build and operate a commercial pool- matters at issue in the proceeding. discuss the License Renewal type industrial irradiator using a cobalt- Persons wishing to submit a written Application for the Monticello Nuclear 60 source at the Honolulu International limited appearance statement should 1 Generating Plant and the related Safety Airport. In response to the August 2, send it by mail to the Office of the Evaluation Report (SER) with open 2005, Notice of Opportunity for Hearing Secretary, U.S. Nuclear Regulatory published at 70 FR 44,396 (August 2, Commission, Washington, DC 20555– items prepared by the NRR staff. The 2005), the Petitioner, Concerned 0001, Attention: Rulemakings and Subcommittee will hear presentations Citizens of Honolulu, on October 3, Adjudications Staff. A copy of the by and hold discussions with 2005, timely filed a request for a statement should also be served by mail representatives of the NRC staff, Nuclear hearing. Thereafter, on October 13, on the Chairman of this Atomic Safety Management Company, LLC, and other 2005, this Atomic Safety and Licensing and Licensing Board, Atomic Safety and interested persons regarding this matter. Board was established by the Licensing Board Panel, U.S. Nuclear The Subcommittee will gather Commission to preside over the Regulatory Commission, Washington, information, analyze relevant issues and proceeding. See 70 FR 60,858 (October DC 20555–0001. In its sole discretion facts, and formulate proposed positions 19, 2005). and at a later date, the Board may and actions, as appropriate, for On January 24, 2006, the Board issued entertain oral limited appearance deliberation by the full Committee. LBP–06–04, 63 NRC 99 (2006), granting statements at a suitable location or Members of the public desiring to the hearing request of the Petitioner, locations. Notice of any oral limited provide oral statements and/or written Concerned Citizens of Honolulu, on the appearance sessions will be published comments should notify the Designated application of Pa’ina Hawaii, LLC. Due in the Federal Register and/or made Federal Official, Mr. Cayetano Santos to the Petitioner’s initial lack of access available to the public at the NRC Public (telephone 301/415–7270) five days to sensitive non-public information Document Room and on the NRC Web prior to the meeting, if possible, so that contained in the Application, the site, http://www.nrc.gov. appropriate arrangements can be made. January 24, 2006, memorandum and Documents relating to this proceeding Electronic recordings will be permitted. order, addressed only the Petitioner’s are available for public inspection at the Further information regarding this standing and its two environmental NRC’s Public Document Room or meeting can be obtained by contacting contentions. Subsequently, on March electronically from the publicly the Designated Federal Official between 24, 2006, the Board addressed the available records component of NRC’s 7:30 a.m. and 4:15 p.m. (ET). Persons Petitioner’s safety related contentions document system (ADAMS). ADAMS is planning to attend this meeting are and admitted three additional accessible from the NRC Web site at urged to contact the above named contentions. See LBP–06–12, 63 http://www.nrc.gov/reading-rm/ 2 lll Copies of this Order were sent this date by NRC (March 24, 2006). Parties to adams.html. Persons who do not have Internet e-mail transmission to counsel for the (1) access to ADAMS or who encounter Applicant Pa’ina Hawaii, LLC; (2) Intervenor 1 See 70 FR 44,396 (Aug. 2, 2005). problems in accessing the documents Concerned Citizens of Honolulu; and (3) NRC Staff.

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individual at least two working days Reactors/Materials (Public Meeting) In addition, distribution of this meeting prior to the meeting to be advised of any (Contact: Mark Tonacci, 301–415– notice over the Internet system is potential changes to the agenda. 4045). available. If you are interested in Dated: April 25, 2006. This meeting will be webcast live at receiving this Commission meeting the Web address http://www.nrc.gov. Michael R. Snodderly, schedule electronically, please send an electronic message to [email protected]. Acting Branch Chief, ACRS/ACNW. Week of May 22, 2006—Tentative Dated: April 26, 2006. [FR Doc. E6–6608 Filed 5–1–06; 8:45 am] Wednesday, May 24, 2006 BILLING CODE 7590–01–P R. Michelle Schroll, 9:30 a.m. Discussion of Security Issues Office of the Secretary. (closed—ex. 1). [FR Doc. 06–4164 Filed 4–28–06; 1:03 pm] 1:30 p.m. All Employees Meeting NUCLEAR REGULATORY BILLING CODE 7590–01–M COMMISSION (Public Meeting), Marriott Bethesda North Hotel, Salons D–H, 5701 Sunshine Act; Notice of Meetings Marinelli Road, Rockville, MD 20852. OFFICE OF PERSONNEL Week of May 29, 2006—Tentative AGENCY HOLDING THE MEETINGS: Nuclear MANAGEMENT Regulatory Commission. Wednesday, May 31, 2006 Excepted Service DATES: Weeks of May 1, 8, 15, 22, 29, Discussion of Security Issues (closed— June 5, 2006. ex. 1). AGENCY: Office of Personnel PLACE: Commissioner’ Conference Management (OPM). Week of June 5, 2006—Tentative Room, 11555 Rockville Pike, Rockville, ACTION: Notice. Maryland. Wednesday, June 7, 2006 SUMMARY: This gives notice of OPM STATUS: Public and Closed. 9:30 a.m. Discussion of Security Issues decisions granting authority to make MATTERS TO BE CONSIDERED: (closed—ex. 1 & 3). appointments under Schedules A, B, Week of May 1, 2006 * * * * * and C in the excepted service as required by 5 CFR 6.6 and 213.103. Additional Information Tuesday, May 2, 2006 FOR FURTHER INFORMATION CONTACT: 9:30 a.m. Briefing on Status of The Affirmation of Andrew David Guilford, Center for Leadership Emergency Planning Activities— Siemaszko, Docket No. IA–05–021, and Executive Resources Policy, Morning Session (Public Meeting) unpublished Licensing Board Order Division for Strategic Human Resources (Contact: Eric Leeds, 301–415–2334). (Dec. 22, 2005) previously tentatively Policy, 202–606–1391. scheduled on May 3, 2006, has been 1 p.m. Briefing on Status of Emergency SUPPLEMENTARY INFORMATION: Appearing postponed and will be rescheduled. Planning Activities—Afternoon in the listing below are the individual Session (Public Meeting). * * * * * authorities established under Schedules These meetings will be webcast live at The schedule for Commission A, B, and C between March 1, 2006, and the Web address http://www.nrc.gov. meetings is subject to change on short March 31, 2006. Future notices will be notice. To verify the status of meetings Wednesday, May 3, 2006 published on the fourth Tuesday of each call (recording)—(301) 415–1292. month, or as soon as possible thereafter. 8:55 a.m. Affirmation Session (Public Contact person for more information: A consolidated listing of all authorities Meeting) (Tentative) Michelle Schroll, (301) 415–1662. as of June 30 is published each year. a. Andrew Siemaszko, Docket No. IA– * * * * * 05–021, unpublished Licensing The NRC Commission Meeting Schedule A Board Order (March 2, 2006) Schedule can be found on the Internet No Schedule A appointments were (Tentative). at: http://www.nrc.gov/what-we-do/ approved for March 2006. 9 a.m. Briefing on Status of Risk- policy-making/schedule.html. Schedule B Informed, Performance-Based Reactor * * * * * Regulation (Public Meeting) (Contact: The NRC provides reasonable No Schedule B appointments were Eileen McKenna, 301–415–2189). accommodation to individuals with approved for March 2006. This meeting will be webcast live at disabilities where appropriate. If you Schedule C the Web address http://www.nrc.gov. need a reasonable accommodation to The following Schedule C Week of May 8, 2006—Tentative participate in these public meetings, or need this meeting notice or the appointments were approved during There are no meetings scheduled for transcript or other information from the March 2006: the Week of May 8, 2006. public meetings in another format (e.g. Section 213.3303 Executive Office of Week of May 15, 2006—Tentative braille, large print), please notify the the President NRC’s Disability Program Coordinator, Monday, May 15, 2006 Deborah Chan, at 301–415–7041, TDD: Office of National Drug Control Policy 1 p.m. Briefing on Status of 301–415–2100, or by e-mail at QQGS00043 Legislative Assistant to Implementation of Energy Policy Act [email protected]. Determinations on the Associate Director, Legislative of 2005 (Public Meeting) (Contact: requests for reasonable accommodation Affairs. Effective March 22, 2006. Scott Moore, 301–415–7278). will be made on a case-by-case basis. QQGS00040 Legislative Analyst to the This meeting will be webcast live at This notice is distributed by mail to Associate Director, Legislative Affairs. the Web address http://www.nrc.gov. several hundred subscribers; if you no Effective March 23, 2006. longer wish to receive it, or would like Tuesday, May 16, 2006 to be added to the distribution, please Section 213.3304 Department of State 9:30 a.m. Briefing on Results of the contact the Office of the Secretary, DSGS61037 Foreign Affairs Officer to Agency Action Review Meeting— Washington, DC 20555 (301–415–1969). the Assistant Secretary for Western

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Hemispheric Affairs. Effective March DDGS16909 Special Assistant to the Section 213.3312 Department of the 01, 2006. Special Assistant to the Secretary of Interior DSGS61050 Staff Assistant to the Defense for White House Liaison. DIGS01059 Special Assistant— Deputy Secretary. Effective March 03, Effective March 30, 2006. Historic Preservation to the Chief of 2006. DDGS16928 Director, Department of Staff. Effective March 15, 2006. DSGS61053 Staff Assistant to the Defense Office of Legislative Counsel DIGS09059 Speechwriter to the Assistant Secretary, Bureau of to the Deputy General Counsel Legal Director, Office of Communications. Educational and Cultural Affairs. Counsel. Effective March 31, 2006. Effective March 15, 2006. Effective March 3, 2006. DIGS01060 Special Assistant to the DSGS61052 Special Assistant to the Section 213.3308 Department of the Assistant Secretary for Water and HIV/AIDS Coordinator. Effective Navy Science. Effective March 16, 2006. March 9, 2006. DNGS06113 Staff Assistant to the DSGS61058 Staff Assistant to the DIGS70005 Assistant Director, Secretary of the Navy. Effective March Legislative and Congressional Affairs Assistant Secretary for Oceans, 16, 2006. International Environment and to the Director National Park Service. Science Affairs. Effective March 9, Section 213.3310 Department of Effective March 16, 2006. DIGS01061 White House Liaison to the 2006. Justice DSGS61006 Legislative Management Deputy Chief of Staff. Effective March DJGS00027 Counselor to the Assistant 24, 2006. Officer to the Assistant Secretary for Attorney General Environment and Legislative and Intergovernmental DIGS01062 Associate Director— Natural Resources. Effective March External and Intergovernmental Affairs. Effective March 16, 2006. 17, 2006. DSGS61051 Staff Assistant to the Affairs to the Director, External and Senior Advisor to the Secretary and Section 213.3311 Department of Intergovernmental Affairs. Effective White House Liaison. Effective March Homeland Security March 24, 2006. 16, 2006. DIGS60133 Chief, Office of DMG500486 Supervisory Management DSGS61057 Writer-Editor to the Congressional and Legislative Affairs and Program Analyst to the Executive Assistant Secretary for Oceans, to the Director, External and Secretary. Effective March 8, 2006. International Environment and Intergovernmental Affairs. Effective Science Affairs. Effective March 28, DMGS00491 Confidential Assistant to March 25, 2006. 2006. the Chief of Staff. Effective March 8, DIGS01063 Associate Director— DSGS61060 Protocol Assistant to the 2006. External and Intergovernmental Chief of Protocol. Effective March 28, DMGS00494 Special Assistant to the Affairs to the Director, External and 2006. Under Secretary for Emergency Intergovernmental Affairs. Effective DSGS60762 Special Assistant to the Preparedness and Response. Effective March 31, 2006. March 14, 2006. Assistant Secretary for Public Affairs. Section 213.3313 Department of DMGS00489 Deputy Director of Effective March 31, 2006. Agriculture DSGS61005 Legislative Management Secretarial Briefing Book to the Officer to the Assistant Secretary for Executive Secretary. Effective Marcy DAGS00845 Deputy Director, Advance Legislative and Intergovernmental 15, 2006. to the Director of Communications. Affairs. Effective March 31, 2006. DMGS00490 Director of Faith-Based Effective March 10, 2006. and Community Initiatives to the DAG500847 Confidential Assistant to Section 213.3305 Department of the Under Secretary for Preparedness. the Associate Administrator. Effective Treasury Effective March 15, 2006. March 28, 2006. DYGS00439 Executive Secretary to the DMGS00492 Deputy Director for DAGS00846 Deputy Director of Chief of Staff. Effective March 9, 2006. Legislative Affairs to the Director of Communications to the Director of DYGS00467 Associate Director to the Legislative Affairs, Federal Emergency Communications. Effective March 29, White House Liaison. Effective March Management Agency. Effective March 2006. 10, 2006. 15, 2006. DAGS00848 Special Assistant to the Under Secretary for Natural Resources DYGS00468 Public Affairs Specialist DMGS00493 Confidential Assistant to and Environment. Effective March 29, to the Director, Public Affairs. the General Counsel. Effective March 2006. Effective March 16, 2006. 22, 2006. DYGS60395 Deputy Executive DMGS00497 Deputy Executive Section 213.3314 Department of Secretary to the Executive Secretary. Director, Homeland Security Advisory Commerce Effective March 22, 2006. Committees to the Executive Director, DCGS00506 Public Affairs Specialist Section 213.3306 Department of Homeland Security Advisory to the Director of Public Affairs. Defense Committees. Effective March 22, 2006. Effective March 3, 2006. DDGS16927 Staff Assistant to the DMGS00480 Deputy Director of DCGS00696 Deputy Director of Public Special Assistant to the Secretary of Communications to the Chief of Staff. Affairs to the Director of Public Defense for White House Liaison. Effective March 25, 2006. Affairs. Effective March 3, 2006. Effective March 15, 2006. DMGS00496 Director of Scheduling DCGS00683 Senior Advisor to the DDGS16925 Public Affairs Specialist and Advance to the Chief of Staff. Assistant Secretary for Import to the Public Affairs Specialist. Effective March 25, 2006. Administration. Effective March 13, Effective March 16, 2006. DMGS00468 Public Liaison Officer to 2006. DDGS16923 Research Assistant to the the Director of Strategic DCGS00447 Confidential Assistant to Speechwriter. Effective March 21, Communications. Effective March 30, the Director of Scheduling. Effective 2006. 2006. March 29, 2006. DDGS16924 Speechwriter to the DMGS00500 White House Liaison and DCGS00628 Confidential Assistant to Speechwriter. Effective March 21, Advisor to the Chief of Staff. Effective the Director of Public Affairs. 2006. March 30, 2006. Effective March 29, 2006.

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Section 213.3315 Department of Labor Section 213.3331 Department of Office of Personnel Management. DLGS60222 Special Assistant to the Energy Dan G. Blair, Assistant Secretary for Disability DEGS00517 Scheduler to the Deputy Director. Employment Policy. Effective March Secretary. Effective March 27, 2006. [FR Doc. 06–4129 Filed 5–1–06; 8:45 am] 10, 2006. DEGS00513 Senior Advisor/Director of BILLING CODE 6325–39–M DLGS60113 Special Assistant to the Strategic Initiatives to the Secretary. Assistant Secretary for Public Affairs. Effective March 31, 2006. Effective March 15, 2006. RAILROAD RETIREMENT BOARD DLGS60171 Deputy Director of Section 213.3337 General Services Advance to the Director of Administration Computer Matching and Privacy Operations. Effective March 30, 2006. GSGS00170 Special Assistant to the Protection Act of 1988; Notice of RRB Records Used in Computer Matching Section 213.3316 Department of Commissioner, Public Buildings Health and Human Services Service. Effective March 1, 2006. AGENCY: Railroad Retirement Board GSGS00172 Senior Advisor to the (RRB). DHGS60029 Special Assistant to the Commissioner, Public Buildings ACTION: Notice of Records Used in Assistant Secretary for Public Affairs. Service. Effective March 1, 2006. Computer Matching Programs; Effective March 1, 2006. GSGS00161 Public Affairs Specialist Notification to individuals who are DHGS60527 Confidential Assistant to the Deputy Director for beneficiaries under the Railroad (Scheduling) to the Director of Communications. Effective March 15, Retirement Act. Scheduling. Effective March 1, 2006. 2006. DHGS60632 Special Outreach GSGS00163 Special Assistant to the Coordinator to the Deputy Assistant SUMMARY: As required by the Computer Associate Administrator for Matching and Privacy Protection Act of Secretary for Public Affairs (Policy Performance Improvement. Effective and Strategy). Effective March 1, 1988, RRB is issuing public notice of its March 25, 2006. use and intent to use, in ongoing 2006. GSGS00173 Senior Advisor to the DHGS60347 Congressional Liaison computer matching programs, civil Chief Acquisition Officer. Effective Specialist to the Deputy Assistant service benefit and payment information March 30, 2006. Secretary for Legislation obtained from the Office of Personnel (Congressional Liaison). Effective Section 213.3344 Occupational Safety Management (OPM). March 10, 2006. and Health Review Commission The purpose of this notice is to advise DHGS60549 Speechwriter to the individuals applying for or receiving SHGS00002 Confidential Assistant to benefits under the Railroad Retirement Assistant Secretary for Public Affairs. the Commission Member (Chairman). Effective March 25, 2006. Act of the use made by RRB of this Effective March 28, 2006. information obtained from OPM by Section 213.3317 Department of Section 213.3348 National means of a computer match. Education Aeronautics and Space Administration ADDRESSES: Interested parties may DBGS00509 Executive Director, White comment on this publication by writing NNGS00166 Executive Assistant to the House Initiative on Historically Black to Ms. Beatrice Ezerski, Secretary to the Chief of Staff. Effective March 1, 2006. Colleges and Universities to the Chief Board, Railroad Retirement Board, 844 NNGS00168 Editor to the Assistant of Staff. Effective March 3, 2006. North Rush Street, Chicago, Illinois Administrator for Public Affairs. DBGS00512 Special Assistant to the 60611–2092. Effective March 15, 2006. Deputy Assistant Secretary for FOR FURTHER INFORMATION CONTACT: Ms. External Affairs and Outreach Section 213.3357 National Credit Lynn Harvey, Privacy Act Officer, Services. Effective March 14, 2006. Union Administration Railroad Retirement Board, 844 North DBGS00511 Confidential Assistant to CUOT00026 Staff Assistant to the Vice Rush Street, Chicago, Illinois 60611– the Director, International Affairs Chair. Effective March 10, 2006. 2092, telephone number (312) 751– Office. Effective March 25, 2006. 4869. Section 213.3384 Department of Section 213.3318 Environmental SUPPLEMENTARY INFORMATION Housing and Urban Development : The Protection Agency Computer Matching and Privacy DUGS60394 Staff Assistant to the EPGS06007 Deputy Speech Writer to Protection Act of 1988, Public Law 100– Assistant Secretary for Community the Associate Administrator for Public 503, requires a Federal agency Planning and Development. Effective Affairs. Effective March 3, 2006. participating in a computer matching March 16, 2006. EPGS06009 Press Secretary to the program to publish a notice regarding Associate Administrator for Public DUGS60344 Staff Assistant to the the establishment of a matching Affairs. Effective March 27, 2006. Assistant Secretary for Public Affairs. program. EPGS06008 Advance Specialist to the Effective March 22, 2006. Name of Participating Agencies: Deputy Chief of Staff (Operations). Section 213.3391 Office of Personnel Office of Personnel Management and Effective March 31, 2006. Management Railroad Retirement Board. Purpose of the Match: The purpose of Section 213.3323 Overseas Private PMGS00057 Executive Director, Chief the match is to enable the RRB to (1) Investment Corporation Human Capital Officers Council to the identify affected RRB annuitants who PQGS04035 Confidential Assistant to Executive Director and Senior are in receipt of a Federal public Chief of Staff. Effective March 8, 2006. Counselor to the Director. Effective pension benefit but who have not March 16, 2006. reported receipt of this benefit to the Section 213.3325 United States Tax PMGS00058 Senior Advisor to the RRB and (2) receive needed Federal Court Director. Effective March 17, 2006. public pension benefit information for JCGS60071 Trial Clerk to the Chief Authority: 5 U.S.C. 3301 and 3302; E.O. affected RRB annuitants more timely Judge. Effective March 3, 2006. 10577, 3 CFR 1954–1958 Comp., p. 218 and accurately. Previously the RRB

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relied on the affected annuitant to report become effective 40 days after a copy of would be required to complete only adjustments in the amounts of such the agreement, as approved by the Data Questions 1 through 4 and the signature public pension benefits. Integrity Board of each agency, is sent section of amended Form TA–2, which Authority for Conducting the Match: to Congress and the Office of the Commission estimates would take Sections 3(a)(1), 4(a)(1) and 4(f)(1) of the Management and Budget, or 30 days each registrant about 30 minutes, for a Railroad Retirement Act require that the after publication of this notice in the total burden of 99 hours (197 × .5 RRB reduce the Railroad Retirement Federal Register, whichever date is hours). Approximately 262 registrants benefits of certain beneficiaries entitled later. The matching program will would be required to answer Questions to Railroad Retirement employee and/or continue for 18 months after the 1 through 5, 10, and 11 and the spouse/widow benefits who are also effective date and may be extended for signature section, which the entitled to a government pension based an additional 12 months, if the on their own non-covered earnings. This Commission estimates would take about conditions specified in 5 U.S.C. 1 hour and 30 minutes, for a total of 393 reduction is referred to as Public Service 552a(o)(2)(D) have been met. hours (262 × 1.5 hours). The remaining Pension offset. Section 224 of the Social The notice we are giving here is in Security Act provides for the reduction addition to any individual notice. registrants, approximately 327, would of disability benefits when the disabled A copy of this notice has been or will be required to complete the entire Form worker is also entitled to a public be furnished to both Houses of Congress TA–2, which the Commission estimates disability benefit (PDB). This reduction and the Office of Management and would take about 6 hours, for a total of is referred to as PDB offset. A civil Budget. 1,962 hours (327 × 6 hours). We estimate that the total burden would be service disability benefit is considered a Dated: April 26, 2006. PDB. Section 224(h)(1) requires any 2,454 hours (99 hours + 393 hours + By authority of the Board. Federal agency to provide RRB with 1,962 hours). Beatrice Ezerski, information in its possession that RRB We estimate that the total cost of may require for the purposes of making Secretary to the Board. reviewing and entering the information a timely determination of the amount of [FR Doc. E6–6594 Filed 5–1–06; 8:45 am] reported on the Forms TA–2 for reduction under section 224 of the BILLING CODE 7905–01–P Social Security Act. Pursuant to 5 U.S.C. respondents is $31.50 per hour. The Commission estimates that the total cost 552a(b)(3) OPM has established routine × uses to disclose the subject information SECURITIES AND EXCHANGE would be $77,301.00 annually ($31.50 to RRB. COMMISSION 2,454). Categories of Records and Individuals Written comments are invited on: (a) Covered: The records to be used in the Proposed Collection; Comment Whether the proposed collection of match and the roles of the matching Request; information is necessary for the proper participants are described as follows: Upon written request, copies available performance of the functions of the OPM will provide RRB twice a year agency, including whether the with a magnetic tape file extracted from from: Securities and Exchange Commission, Office of Filings and information shall have practical utility; its annuity and survivor master file of (b) the accuracy of the agency’s its Civil Service Retirement and Information Services, Washington, DC estimates of the burden of the proposed Insurance Records. The Privacy Act 20549. collection of information; (c) ways to System of Records designation is OPM/ Extension: Central-1. The following information Rule 17Ac2–2; SEC File No. 270–298; OMB enhance the quality, utility, and clarity from this OPM Privacy Act System of Control No. 3235–0337 of the information to be collected; and Records will be transmitted to RRB for Form TA–2; SEC File No. 270–298; OMB (d) ways to minimize the burden of the the approximately 2.5 million records in Control No. 3235–0337. collection of information on the system: Name, social security Notice is hereby given that pursuant respondents, including through the use number, date of birth, civil service claim to the Paperwork Reduction Act of 1995 of automated collection techniques or number, first potential month and year (44 U.S.C. 3501 et seq.), the Securities other forms of information technology. of eligibility for civil service benefits, and Exchange Commission Consideration will be given to first month, day, year of entitlement to (‘‘Commission’’) is soliciting comments comments and suggestions submitted in civil service benefits, amount of gross on the collection of information writing within 60 days of this civil service benefits, and effective date summarized below. The Commission publication. (month, day, year) of civil service plans to submit this existing collection Comments should be directed to (1) amount, and where applicable, civil of information to the Office of the Desk Officer for the Securities and service disability indicator, civil service Management and Budget for extension Exchange Commission, Office of FICA covered month indicator, and civil and approval. Information and Regulatory Affairs, service total service months. The RRB • Rule 17Ac2–2 and Form TA–2; Office of Management and Budget, will match the Social Security number, OMB Control No. 3235–0337; SEC File name, and date of birth contained in the No. 270–298 Room 10102, New Executive Office OPM file against the same fields in its Rule 17Ac2–2 (17 CFR 240.17Ac2–2) Building, Washington, DC 20503 or by Master Benefit Files. The Privacy Act and Form TA–2 (17 CFR 249b.102) sending an e-mail to: _ System of Records designations for under the Securities Exchange Act of David [email protected]; and (ii) R. these files is: RRB–26, ‘‘Payment, Rate 1934 (17 U.S.C. 78a et seq.) require Corey Booth, Director/Chief Information and Entitlement History File,’’ as transfer agents to file an annual report Officer, Securities and Exchange amended in 63 FR 28420 May 22, 1998. of their business activities with the Commission, C/O Shirley Martinson, For records that are matched, the RRB Commission. The amount of time 6432 General Green Way, Alexandria, will extract the civil service payment needed to comply with the requirements Virginia 22312 or send an e-mail to: information. of Rule 17Ac2–2 and Form TA–2 varies. [email protected]. Comments must Inclusive Dates of the Matching From the total 786 registered transfer be submitted to OMB within 60 days of Program: The matching program will agents, approximately 197 registrants this notice.

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Dated: April 20, 2006. proposed rule change and discussed any disclosures made to customers, Nancy M. Morris, comments it received on the proposed regardless of whether they are made Secretary. rule change. The text of these statements pursuant to a regulatory mandate, must [FR Doc. E6–6554 Filed 5–1–06; 8:45 am] may be examined at the places specified not be false or misleading. BILLING CODE 8010–01–P in Item IV below. The MSRB has The proposed rule change further prepared summaries, set forth in reminds dealers that providing Sections A, B, and C below, of the most disclosures to customers does not SECURITIES AND EXCHANGE significant aspects of such statements. relieve them of their suitability duties— including their obligation to consider COMMISSION A. Self-Regulatory Organization’s the customer’s financial status, tax Statement of the Purpose of, and [Release No. 34–53715; File No. SR–MSRB– status and investment objectives— 2006–03] Statutory Basis for, the Proposed Rule arising in connection with Change Self-Regulatory Organizations; recommended transactions. The Municipal Securities Rulemaking 1. Purpose proposed rule change describes certain Board; Notice of Filing of Proposed In a May 14, 2002 notice (the ‘‘2002 basic suitability principles applicable to Rule Change Consisting of Interpretive Notice’’), the MSRB interpreted Rule G– recommended transactions in 529 Guidance on Customer Protection 17, on fair dealing, to require dealers college savings plans, advising dealers Obligations of Brokers, Dealers and selling out-of-state 529 college savings to consider whether a recommendation Municipal Securities Dealers Relating plan interests to customers to disclose at is consistent with the customer’s tax to the Marketing of 529 College or prior to the sale to the customer (the status and any federal or state tax- Savings Plans ‘‘time of trade’’) that, depending upon related investment objectives of the the laws of the customer’s home state, customer. The proposed rule change April 25, 2006. favorable state tax treatment for emphasizes that any dealer that Pursuant to Section 19(b)(1) of the investing in a 529 college savings plan recommends a transaction must Securities Exchange Act of 1934 may be limited to investments made in undertake an active suitability process 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, a 529 college savings plan offered by the involving a meaningful analysis that notice is hereby given that on March 31, customer’s home state.3 In addition, the takes into consideration information 2006, the Municipal Securities MSRB provided guidance in the 2002 about the customer and the security. Rulemaking Board (‘‘MSRB’’ or Notice on the application of Rule G–19, Dealers are further advised that ‘‘Board’’) filed with the Securities and on suitability of recommendations and suitability determinations should be Exchange Commission (‘‘SEC’’ or transactions, and other customer based on the various appropriately ‘‘Commission’’) the proposed rule protection rules in the context of 529 weighted factors that are relevant in any change as described in Items I, II, and college savings plan transactions. particular set of facts and III below, which Items have been The proposed rule change broadens circumstances. Finally, the proposed substantially prepared by the MSRB. the existing time-of-trade disclosure rule change reaffirms existing guidance The Commission is publishing this obligation with respect to the marketing from the 2002 Notice on other customer notice to solicit comments on the of out-of-state 529 college savings plans. protection obligations applicable to proposed rule change from interested Under the proposed rule change, dealers dealer sales practices in the 529 college persons. selling out-of-state 529 college savings savings plan market. plan interests are required to disclose to I. Self-Regulatory Organization’s 2. Statutory Basis Statement of the Terms of Substance of the customer, at or prior to the time of The MSRB believes that the proposed the Proposed Rule Change trade, that: (i) Depending on the laws of the home state of the customer or rule change is consistent with Section The MSRB is filing with the designated beneficiary, favorable state 15B(b)(2)(C) of the Act,4 which provides Commission a proposed rule change tax treatment or other benefits offered that the MSRB’s rules shall: consisting of interpretive guidance on by such home state may be available be designed to prevent fraudulent and customer protection obligations of only if the customer invests in the home manipulative acts and practices, to promote brokers, dealers and municipal state’s 529 college savings plan; (ii) just and equitable principles of trade, to securities dealers (‘‘dealers’’) relating to state-based benefits should be one of foster cooperation and coordination with the marketing of 529 college savings many appropriately weighted factors to persons engaged in regulating, clearing, plans. The MSRB proposes an effective be considered in making an investment settling, processing information with respect date for the proposed rule change of 60 decision; and (iii) the customer should to, and facilitating transactions in municipal calendar days after Commission securities, to remove impediments to and consult with his or her financial, tax or perfect the mechanism of a free and open approval. The text of the proposed rule other adviser about how such state- change is available on the MSRB’s Web market in municipal securities, and, in based benefits would apply to the general, to protect investors and the public site (http://www.msrb.org), at the customer’s specific circumstances and interest. MSRB’s principal office, and at the may wish to contact his or her home Commission’s Public Reference Room. The MSRB believes that the proposed state or any other 529 college savings rule change is consistent with the Act II. Self-Regulatory Organization’s plan to learn more about their features. because it will further investor Statement of the Purpose of, and Guidance is provided as to the manner protection by strengthening and Statutory Basis for, the Proposed Rule of delivering this revised out-of-state clarifying dealers’ customer protection Change disclosure to ensure that such obligations relating to the marketing of information is noted by the customer, In its filing with the Commission, the 529 college savings plans, including but and dealers are reminded that all MSRB included statements concerning not limited to the duty to provide the purpose of and basis for the important disclosures to customers 3 See Rule G–21 Interpretation—Application of Fair Practice and Advertising Rules to Municipal investing in out-of-state 529 college 1 15 U.S.C. 78s(b)(1). Fund Securities, May 14, 2002, reprinted in MSRB 2 17 CFR 240.19b–4. Rule Book. 4 15 U.S.C. 78o–4(b)(2)(C).

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savings plans and to undertake active NASD and others regarding high levels MSRB has considered these comments, suitability analyses for recommended of out-of-state sales and consulting with together with important developments transactions based on appropriately Commission staff, the MSRB published in the mechanisms for ensuring the free weighted factors. on May 19, 2005 a notice seeking further and effective flow of information to the comment on a revised version of the B. Self-Regulatory Organization’s public about all 529 college savings draft interpretive guidance (the ‘‘2005 plans offered in the marketplace Statement on Burden on Competition 7 Proposal’’). The 2005 Proposal (discussed below), in determining to file The MSRB does not believe that the included a discussion of existing this proposed rule change. proposed rule change will result in any resources and challenges in connection burden on competition not necessary or with obtaining disclosure information in General. The 2004 Proposal proposed appropriate in furtherance of the the 529 college savings plan expanding the existing obligation of purposes of the Act since it would apply marketplace and sought comment on the dealers under the 2002 Notice to advise equally to all dealers. possible substantial expansion of the their out-of-state 529 college savings C. Self-Regulatory Organization’s disclosure and suitability obligations plan customers of the potential loss of Statement on Comments on the described in the 2002 Notice. The MSRB in-state benefits. The 2004 Proposal did Proposed Rule Change Received from received comments on the 2005 not address issues relating to suitability. 8 Members, Participants, or Others Proposal from 22 commentators. All commentators on the 2004 Proposal The 2004 and 2005 Proposals, as well supported the importance of ensuring On June 10, 2004, the MSRB as the comments received on these some degree of disclosure to customers published for comment draft proposals, are discussed below. The of the existence of potential in-state interpretive guidance relating to, among benefits of 529 college savings plans but other things, the disclosure obligations 7 See MSRB Notice 2005–28 (May 19, 2005). some commentators suggested changes of dealers selling out-of-state 529 college 8 Letters from: Ms. Alexander, Assistant Professor savings plans, strengthening the out-of- of Accounting, University of Kansas, and Ms. Luna, to the specific proposal. state disclosures originally mandated in Assistant Professor of Accounting, University of The 2005 Proposal covered a wider 5 Tennessee (‘‘Alexander & Luna’’), to Mr. Lanza, the 2002 Notice (the ‘‘2004 Proposal’’). dated July 26, 2005; Judith A. Wilson, Compliance range of topics than the portion of the The MSRB received comments on the Attorney, 1st Global Capital Corp. (‘‘1st Global’’), to 2004 Proposal relating to disclosure. 2004 Proposal from eight Mr. Lanza, dated July 28, 2005; Diana Scott, Senior The 2005 Proposal sought to expand the commentators.6 After reviewing these Vice President & General Manager, John Hancock time-of-trade disclosure obligation for comments, considering the concerns of Financial Services (‘‘Hancock’’), to Mr. Lanza, dated July 28, 2005; John C. Heywood, Principal, out-of-state sales proposed in the 2004 Vanguard Group, Inc. (‘‘Vanguard’’), to Mr. Lanza, Proposal to include a requirement that 5 See MSRB Notice 2004–16 (June 10, 2004). The dated July 28, 2005; Mr. Pearlman, CSF, to Mr. dealers identify for their out-of-state 2004 Proposal, together with a related proposal Lanza, dated July 29, 2005 and February 13, 2006; (MSRB Notice 2004–17 (June 15, 2004)), Tim Berry, Chair, CSPN, and Indiana State customers the specific tax and other represented a comprehensive initiative of the MSRB Treasurer, to Mr. Lanza, dated July 29, 2005; Ms. benefits that each of their respective to strengthen a broad range of customer protection Salmon, ICI, to Mr. Lanza, dated July 29, 2005; home states offer and that such obligations set out in the 2002 Notice. Portions of Jacqueline T. Williams, Executive Director, Ohio the 2004 Proposal significantly strengthening 529 Tuition Trust Authority (‘‘Ohio TTA’’), to Mr. Lanza customers would forego by investing in college savings plan advertising requirements have and Ghassan Hitti, Assistant General Counsel, an out-of-state 529 college savings plan been adopted, with certain additional requirements MSRB, dated July 29, 2005; Ira D. Hammerman, (the ‘‘special home state disclosure and modifications, by the MSRB and approved by Senior Vice President & General Counsel, SIA, to the Commission. See Exchange Act Release No. Mr. Lanza, dated July 29, 2005; Ms. Cantor, proposal’’). More broadly, the 2005 51736 (May 24, 2005), 70 FR 31551 (June 1, 2005). Executive Director, Virginia College Savings Plan Proposal discussed general disclosure See also Exchange Act Release No. 52289 (August (‘‘Virginia CSP’’), to Mr. Lanza, dated July 29, 2005; practices and mechanisms in the 529 18, 2005), 70 FR 49699 (August 24, 2005). In John D. Perdue, Chairman, Board of Trustees of the college savings plan market, including addition, the strengthened customer protection West Virginia College Prepaid Tuition and Savings obligations with respect to 529 college savings plan Program, and State Treasurer (‘‘West Virginia’’), to the possible establishment of sales incentives proposed in the related June 15, Mr. Lanza, dated July 29, 2005; James F. Lynch, centralized information sources. Dealers 2004 proposal have been adopted by the MSRB and Associate Vice President for Finance, University of were reminded that disclosures made to approved by the Commission. See Exchange Act Alaska (‘‘University of Alaska’’), to Mr. Lanza, dated Release No. 52555 (October 3, 2005), 70 FR 59106 July 29, 2005; Eileen M. Smiley, Vice President & customers do not relieve dealers of their (October 11, 2005). The current proposed rule Assistant Secretary, USAA Investment Management suitability duties—including their change represents the final stage of the MSRB’s Company (‘‘USAA’’), to Mr. Lanza, dated July 29, obligation to consider the customer’s 2004 customer protection initiative. 2005; Ronald C. Long, Senior Vice President, 6 Letters from: Kenneth B. Roberts, Hawkins Wachovia Securities, LLC (‘‘Wachovia’’), to Mr. financial status, tax status and Delafield & Wood LLP (‘‘Hawkins’’), to Ernesto A. Lanza, dated July 29, 2005; Michael L. Fitzgerald, investment objectives—arising in Lanza, Senior Associate General Counsel, MSRB, State Treasurer of Iowa (‘‘Iowa’’), to Mr. Lanza, connection with recommended dated August 20, 2004; Mary L. Schapiro, Vice received August 1, 2005; Henry H. Hopkins, Vice transactions. The 2005 Proposal Chairman, NASD, and President, Regulatory Policy President, Director & Chief Legal Counsel, T. Rowe and Oversight, to Mr. Lanza, dated September 9, Price Investment Services, Inc. (‘‘T. Rowe’’), to Mr. discussed existing suitability standards 2004; Tamara K. Salmon, Senior Associate Counsel, Lanza, dated August 1, 2005; Thomas M. Yacovino, as applied to recommendations of 529 Investment Company Institute (‘‘ICI’’), to Mr. Lanza, Vice President, A.G. Edwards and Sons, Inc., (‘‘AG college savings plan transactions and dated September 10, 2004; David J. Pearlman, Edwards’’), to Mr. Lanza, dated August 3, 2005; W. Chairman, College Savings Foundation (‘‘CSF’’), to Daniel Ebersole, Director, Georgia Office of proposed expanding such standards to Mr. Lanza, dated September 13, 2004; Elizabeth L. Treasury and Fiscal Services (‘‘Georgia’’), to Mr. require dealers recommending out-of- Bordowitz, General Counsel, Finance Authority of Lanza, dated August 4, 2005; Nancy K. Kopp, state 529 college savings plan Maine (‘‘FAME’’), to Mr. Lanza, dated September Treasurer, State of Maryland, and Chair, College investments to undertake a comparative 13, 2004; Diana F. Cantor, Chair, College Savings Savings Plans of Maryland (‘‘CSP-Maryland’’), to Plan Network (‘‘CSPN’’), and Executive Director, Mr. Lanza, dated August 10, 2005; Mr. Pearlman, suitability analysis involving a Virginia College Savings Plan, to Mr. Lanza, dated Senior Vice President and Deputy General Counsel, comparison of the recommended out-of- September 15, 2004; Elizabeth Varley and Michael Fidelity Investments (‘‘Fidelity’’), to Mr. Lanza, state 529 college savings plan with the D. Udoff, Co-Staff Advisers, Securities Industry dated December 7, 2005; James W. Pasman, Senior Association (‘‘SIA’’) Ad Hoc 529 Plans Committee, Vice President & Managing Director, PFPC Inc. customer’s home state 529 college to Mr. Lanza, dated September 15, 2004; and Raquel (‘‘PFPC’’), to Mr. Lanza, dated December 12, 2005; savings plan (the ‘‘comparative Alexander, PhD, Assistant Professor, and LeAnn and Randall Edwards, President, National suitability proposal’’). Finally, the 2005 Luna, PhD, Assistant Professor, University of North Association of State Treasurers (‘‘NAST’’), and Proposal discussed other sales practice Carolina at Wilmington (‘‘UNCW’’), to Mr. Lanza, Oregon State Treasurer, to Amelia A.J. Bond, Chair, dated September 15, 2004. MSRB, dated March 20, 2006. obligations under the MSRB’s fair

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practice rule.9 Although some more centralized Web-based sources of establishing a centralized Web site.14 commentators supported the concept of information should be established by Some commentators expressed concern centralized information sources for the the private sector, industry associations that disparate features of 529 college 529 college savings plan market and the or the MSRB. The 2005 Proposal noted savings plans make presentation of clarification of certain elements of that such a resource would ideally parallel information nearly impossible existing basic disclosure and suitability provide on-site summary information and that information presented in a obligations, the vast majority of formatted to allow dealers and summary manner may omit material commentators opposed any customers to make meaningful information or portray such information requirements to disclose specific in- comparisons of the material features of inaccurately.15 Some commentators state features foregone as a result of an 529 college savings plans, together with expressed concerns about potential out-of-state investment or to undertake direct links to all 529 college savings liabilities for dealers that might rely on a comparative suitability analysis. plan official statements (typically summarized information obtained from The MSRB has determined to referred to as ‘‘program disclosure any such centralized Web site.16 strengthen the existing time-of-trade documents’’) and related information. Hancock stated that existing Web sites disclosure and basic suitability The types of material features are adequate for the marketplace. obligations as applied to transactions in summarized on such a site might 529 college savings plans. However, in include (among other things) state tax CSPN stated that the creation of an view of significant developments treatment, other state-based benefits, MSRB-sponsored Web site would be toward the maturation of the disclosure costs associated with investments and contrary to the municipal securities dissemination system for this market performance information. The 2005 exemption under federal securities laws and with due regard to concerns Proposal suggested that such a and that it is already working to address expressed by the commentators and in centralized Web site could embed 529 college savings plan disclosure press reports regarding the potentially within its posted summary information concerns through its disclosure substantial impact of the special home direct hyperlinks to the portions of the principles and its own Web site. CSPN state disclosure and comparative program disclosure document or other noted that it had recently developed suitability proposals, the MSRB has 529 college savings plan materials that Disclosure Principles Statement No. 2 determined at this time not to adopt provide more detailed descriptions of (‘‘DP–2’’) which, ‘‘along with the these two proposals pending further the summarized information.12 The information available on the CSPN Web assessment of the efficacy of 2004 Proposal did not address these site will be the most effective and developments in the disclosure issues. appropriate approach to enhancing infrastructure. Comments. Two commentators on the investor accessibility to pertinent 529 Plan information.’’ 17 CSPN stated that Disclosure. General Time-of-Trade 2005 Proposal supported the establishment of a centralized Web site DP–2 included ‘‘an expanded locator Disclosure Obligation and Established concept, which will assist investors in Industry Sources for summary 529 college savings plan information with links to 529 college finding similar information in the Summary. The 2005 Proposal savings plan materials for more detailed offering materials prepared by various described dealers’ obligations to make information.13 They stated that such a State issuers, while still using only the time-of-trade disclosures of all material Web site would allow dealers and materials authorized by that State 18 facts about a 529 college savings plan customers to make meaningful issuer.’’ investment they are selling to their comparisons of features and reduce the Although the 2004 Proposal did not customers that are known to the dealer complexity of gathering accurate, address broader disclosure issues in the or that are reasonably accessible from 529 college savings plan market, two 10 complete and timely information. established industry sources. The Alexander & Luna listed what they commentators on the 2004 Proposal 2005 Proposal included a discussion of viewed as several weaknesses of current made suggestions in this regard, stating established industry sources for 529 11 third-party Web sites: (i) Information that the MSRB should put in place a college savings plan information and that is frequently out-of-date, broader set of disclosure requirements requested comments on whether one or incomplete or inaccurate; (ii) to accompany the proposed disclosures comparison information that is not described in the draft guidance.19 NASD 9 These provisions did not generate comments and have been included in the proposed rule universally available; (iii) information suggested that the MSRB require change with only minimal modifications. that is ‘‘summarized at a very high standardized point-of-sale disclosure of 10 Established industry sources include the level;’’ (iv) Web site tools that are often fees and compensation in a manner system of nationally recognized municipal over-simplified, which can distort similar to the point-of-sale disclosure securities information repositories, the MSRB’s Municipal Securities Information Library system results and ultimately provide incorrect requirements included by the and Real-Time Transaction Reporting System, guidance; and (v) many current Web Commission in its proposed Exchange rating agency reports and other sources of sites that require users to pay for information relating to the municipal securities subscriptions in order to obtain basic 14 AG Edwards, CSF, CSPN (with the concurrence transaction generally used by dealers that effect of CSP-Maryland, Georgia, Iowa, Ohio TTA, transactions in the type of municipal securities at information. University of Alaska, Virginia CSP, West Virginia), issue. See Rule G–17 Interpretation—Interpretive Many commentators opposed, or Hancock, and USAA. Notice Regarding Rule G–17, on Disclosure of questioned the feasibility of, 15 Material Facts, March 20, 2002, published in MSRB CSF, CSPN, Hancock. Rule Book. 16 Hancock, Vanguard. 11 The MSRB noted that many of the traditional 12 The 2005 Proposal noted that the centralized 17 DP–2 updated CSPN’s Voluntary Disclosure established industry sources are designed Web site could, for example, provide hyperlinks to Principles Statement No. 1 (‘‘DP–1’’), which CSPN specifically for debt securities, not 529 college Web sites, or other contact information for sources, published in 2004 to provide guidance to state savings plans, and that it viewed established providing performance data current to the most programs in preparing their program disclosure industry sources for 529 college savings plans as recent month-end, as required under Rule G– documents. See also NAST. encompassing a broad variety of information 21(e)(ii)(C) relating to 529 college savings plan 18 CSP-Maryland, Georgia, Iowa, Ohio TTA, sources that professionals in this market can and do advertisements containing performance University of Alaska, Virginia CSP and West use to obtain material information about these information. Virginia supported CSPN’s position. investments and the state programs. 13 1st Global; Alexander & Luna. 19 NASD and UNCW.

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Act Rule 15c2–3.20 UNCW described an The MSRB has long been an advocate for the 529 college savings plan market academic study on factors influencing for the best possible disclosure practices would be particularly crucial to investor choices of 529 college savings by the 529 college savings plan allowing customers to have direct access plans and concluded that ‘‘investors community, having previously noted to the types of information and other appear to be choosing high fee/broker that investor protection concerns dictate resources they need to make informed sold funds rather than the lower fee, that disclosure in this market should be investment decisions, thereby direct investment options * * * [and] based on six basic characteristics: promoting investor confidence in their appear to be ignoring state tax benefits.’’ comprehensiveness, understandability, own abilities to make such informed Stating that its study suggested that comparability, universality, timeliness choices, whether with the advice of an investors may not have sufficient and accessibility.22 However, the MSRB investment professional or as a self- information in these areas, UNCW has no authority to mandate that 529 directed investor. supported mandating disclosure of not college savings plans make specific The MSRB understands that CSPN only state tax benefits but also uniform disclosures, including disclosure of has undertaken to upgrade its existing disclosure of fees and performance for costs associated with investments in the Web site to provide a comprehensive each 529 college savings plan portfolio plans, descriptions of the state tax centralized Web-based utility for the and for each underlying fund in such consequences of investing in their plans 529 college savings plan market.24 This portfolio, as well as the percentage of or in out-of-state plans, or disclosure of CSPN utility is expected to provide a total investments that each underlying performance under uniform standards.23 combination of on-site and hyperlinked fund represents with respect to such 529 The MSRB is of the view that a more resources, including summary college savings plan portfolio. comprehensive and user-friendly system information formatted to allow MSRB Response. Since publishing the of established industry sources is meaningful comparisons of many of the 2005 Proposal, the MSRB has engaged needed in the 529 college savings plan material features of different 529 college the 529 college savings plan industry market. Such a system would be based savings plans, together with direct links and other federal securities regulators in on centralized Web sites providing to all 529 college savings plan program a dialogue regarding the 2005 Proposal. direct access to official issuer disclosure disclosure documents and related In particular, the MSRB has emphasized materials for the entire universe of 529 information as well as to other sources that a crucial factor underlying the college savings plan offerings, together providing tools designed for analyzing special home state disclosure and with understandable educational potential 529 college savings plan comparative suitability proposals for information and tools allowing for side- investments. The MSRB understands out-of-state sales was the difficulty that by-side comparisons of different 529 that the types of material features to be the average investor faces in obtaining college savings plans. It is crucial for disclosed through this utility include, and understanding the key items of ensuring that dealers and other but are not limited to, state tax information relevant in making an investment professionals seeking to treatment and other state-based benefits, informed investment decision in the provide advice to their customers on costs associated with investments, types context of the varied and complex their college savings options are able to of underlying investments, performance national 529 college savings plan do so with a full view of the available information and other important marketplace.21 alternatives. In addition, this maturation features that can vary considerably from of the disclosure dissemination system state to state, with hyperlinks embedded 20 See Securities Act Release No. 8358 (January within such summary information 29, 2004), 69 FR 6438 (February 10, 2004). See also sid=aUh68emzUVEE&refer=columnist_wasik; providing direct links to a full Securities Act Release No. 8544 (February 28, Albert B. Crenshaw, ‘‘529 College Savings Plans and description of such specific feature in 2005), 70 FR 10521 (March 4, 2005). The proposed State of Confusion,’’ Washington Post, February 12, rulemaking by the Commission would apply to 2006, at F8; Aleksandra Todorova, ‘‘529 Plans Get the issuer’s official program disclosure dealer sales of 529 college savings plan interests, in Report Card,’’ SmartMoney.com, February 10, 2006, document or other reliable sources. addition to sales of mutual funds and variable at www.smartmoney.com/consumer/ CSPN has also recently published its annuities. The MSRB observes that NASD has index.cfm?story=200602101; Jonathan Clements, DP–2, which updates its baseline provided comments to the Commission on this ‘‘Choosing a 529 College-Savings Plan: When It proposal that are similar to those provided to the Makes Sense to Go Out of State,’’ Wall Street disclosure standards designed to assist MSRB. The MSRB also has provided comments to Journal, January 4, 2006, at D1; Michelle Singletary, the states in improving the quality and the Commission in support of its point-of-sale ‘‘Get the Straight Facts on Section 529,’’ comparability of their 529 college disclosure proposal (available at www.sec.gov/rules/ Washington Post, December 1, 2005, at D2; Ashlea savings plan disclosures in the program proposed/s70604/s70604–629.pdf). The MSRB has Ebling, ‘‘College Savers Unite!’’ Forbes.com, taken NASD’s suggestions in this regard under September 28, 2005, at www.forbes.com/ disclosure document. In the 2005 advisement pending final action by the Commission estateplanning/2005/09/27/beltway-college-savings- Proposal, the MSRB had urged CSPN on proposed Rule 15c2–3. cz_ae_0928beltway.html. and the individual 529 college savings 21 Investor confusion has often been reported to 22 See Oversight Hearing on 529 College Savings plans to strive for the maximum result from the large number of states offering Plans, Hearing Before the Subcomm. on Financial possible ease of access to, and valuable state tax or other benefits for investing in- Management, The Budget, and International state and the fact that virtually every plan has Security of the Senate Comm. on Governmental uniformity of content in, the program unique and sometimes complicated features not Affairs, 108th Cong. (Sept. 30, 2004) (testimony of disclosure documents consistent with included in most other plans. The difficulties that Ernesto A. Lanza, Senior Associate General providing information that is complete, investors face finding and understanding relevant Counsel, MSRB). understandable and not misleading. The information (in spite of the existence of a handful 23 When dealers market 529 college savings plans, of Web-based resources on 529 college savings the MSRB requires time-of-trade disclosures of MSRB views the upcoming plans), as well as some recent steps toward material information to customers, including but implementation of the CSPN Web site improving the ability of investors to understand not limited to disclosure of the possible loss of state disclosure utility and the development their choices in the marketplace, have been detailed tax benefits if investing out-of-state. Proposed and universal adoption of DP–2 as by the press. See, e.g., Ross Kerber, ‘‘Complaints Exchange Act Rule 15c2–3, if adopted, would Mounting over College Savings Accounts,’’ Boston mandate that point-of-sale fee disclosures be made significant steps toward achieving the Globe, February 14, 2006, at www.boston.com/ by dealers in a uniform manner. Furthermore, the goals the MSRB had set out for the 529 business/personalfinance/articles/2006/02/14/ MSRB has adopted uniform requirements for the college savings plan market. complaints_mounting_over_ calculation and presentation of up-to-date The CSPN utility will join other college_savings_accounts; John Wasik, ‘‘How to performance data in 529 college savings plan Find the Best 529 College Savings Programs,’’ advertisements published by dealers that also commercial, industry group and Bloomberg.com, February 13, 2006, at http:// require that advertisements disclose the possible www.bloomberg.com/apps/news?pid=10000039& loss of state tax benefits if investing out-of-state. 24 NAST. CSPN is an affiliate of NAST.

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regulator Web-based resources the investing public with easy access to, suggest that the customer consult with providing useful information for and to affirmatively encourage the use his or her financial, tax or other adviser individuals seeking to save for college of, this market-wide information. The to learn more about how such home expenses and for investment MSRB will monitor the 529 college state features (including any limitations) professionals active in the 529 college savings plan market closely with respect may apply to the customer’s specific savings plan market. Several to the concerns it sought to address circumstances, and that the customer commercial ventures already provide, in through the 2005 Proposal. The MSRB also may wish to contact his or her summary and often tabular form, some will be acutely sensitive to, and will home state or any other 529 college categories of information for all consider whether further rulemaking savings plan to learn more about any available 529 college savings plans. would be appropriate in the event of, state-based benefits (and any limitations Such information can include fees and any significant failures in the further thereto) that might be available in expenses, minimum and maximum development of the disclosure conjunction with an investment in that investments, nature of the underlying dissemination system or in the efficacy state’s 529 college savings plan. investments, distribution channels, and of this dissemination system to address In a significant expansion from the state tax treatment, as well as the MSRB’s stated investor protection 2004 Proposal, the 2005 Proposal sought proprietary ratings based on varying concerns. to impose the special home state criteria. Much of this information is disclosure proposal in addition to the Time-of-Trade Disclosure Obligation in available at no cost, with some sources baseline time-of-trade disclosure Connection With Out-of-State Sales. making available, for a fee, premium or described above. Under this special membership-based services for Summary. Currently, a dealer’s time- home state disclosure proposal, a dealer professionals that provide greater detail of-trade disclosure obligation under would be required to inquire of any out- or more comprehensive analyses of the Rule G–17 requires the dealer, when of-state customer as to whether the available information. Many of these selling an out-of-state 529 college realization of state-based benefits was commercial Web sites have taken recent savings plan interest to a customer, to an important factor in the customer’s steps to augment and refine the disclose that, depending upon the laws investment decision. If the customer information they offer to the public, and of the customer’s home state, favorable were to answer affirmatively, the dealer the MSRB understands that alternative state tax treatment for investing in a 529 would be required to disclose (i) pricing structures suitable for retail college savings plan may be limited to material information available from investors for access to these premium investments made in a 529 college established industry sources about state- services are being considered. In savings plan offered by the customer’s based benefits offered by the home state addition, the MSRB, the Commission, home state.26 The 2004 Proposal sought of the customer or designated NASD and the North American to broaden this time-of-trade disclosure beneficiary for investing in its 529 Securities Administrators Association obligation to include reference to other college savings plan and (ii) whether (‘‘NASAA’’) all provide general potential benefits (such as scholarships such state-based benefits are available in information about investing in 529 to in-state colleges, matching grants into the case of an investment in an out-of- college savings plans useful to 529 college savings plan accounts, or state 529 college savings plan. individual investors and market reduced or waived program fees, among Finally, the 2005 Proposal reminded participants.25 NASD plans to introduce other benefits), in addition to state tax dealers that the time-of-trade disclosure on its Web site in the near future an benefits, offered solely in connection obligation with respect to sales of out- improved expense analyzer for the 529 with in-state investments.27 of-state 529 college savings plan college savings plan market using a live The 2005 Proposal retained the interests is in addition to dealers’ datafeed that should allow for more baseline time-of-trade disclosure existing general obligation under Rule reliable calculations and cost proposed in the 2004 Proposal, with a G–17 to disclose to their customers at comparisons among different 529 modification to include reference to the the time of trade all material facts college savings plans. The CSPN utility designated beneficiary’s home state in known by dealers about the 529 college is expected to serve as a central hub addition to that of the customer. The savings plan interests they are selling to through which investors can easily 2005 Proposal also would add to the the customers, as well as material facts access many of these other Web-based baseline time-of-trade disclosure a about such 529 college savings plan that resources. requirement that the dealer advise the are reasonably accessible to the market The MSRB believes that improved customer that any state-based benefits through established industry sources. disclosures can only be effective if offered with respect to a particular 529 Further, the 2005 Proposal reminded potential investors actually access such college savings plan should be dealers that disclosures made to disclosures with sufficient time to make considered as one of many customers as required under MSRB use of the information in coming to an appropriately weighted factors that rules do not relieve dealers of their investment decision. The MSRB urges should be considered by the customer in suitability obligations—including the dealers and other participants in the 529 making his or her investment decision. obligation to consider the customer’s college savings plan market to provide The dealer also would be required to financial status, tax status and investment objectives—if they have 25 The MSRB provides information for investors 26 The 2002 Notice also stated that such recommended investments in 529 in 529 college savings plans at www.msrb.org/ disclosure, coupled with a suggestion that the college savings plans. msrb1/mfs/ruleinfo.asp. The Commission also has customer consult a tax adviser about any state tax Comments. All commentators on the published an investor-oriented introduction to 529 consequences of the investment, would provide 2004 Proposal supported the importance college savings plans at www.sec.gov/investor/pubs/ adequate notice of the potential loss of in-state tax intro529.htm. NASD has created a college savings benefits. of ensuring disclosure to customers of center for investors at http://apps.nasd.com/ 27 The 2004 Proposal would require the dealer to the potential existence of state-specific investor_Information/Smart/529/000100.asp. suggest that the customer consult with a qualified features of 529 college savings plans, NASAA, an association of state securities adviser or contact his or her home state’s 529 with many providing suggested regulators, has published (in conjunction with college savings plan to learn more about any state CSPN and ICI) a brochure on understanding college tax or other benefits that might be available in modifications. CSF expressed concern savings plans, available at www.nasaa.org/ conjunction with an investment in that state’s 529 about the potential for over-emphasizing Investor_Education/3136.cfm. college savings plan. state variations in a way that may

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detract from more fundamental commentators warned that requiring state tax or other benefits relevant to considerations in making an investment dealers to make specific disclosures their investment decision in 529 college decision. Two commentators stated that about 529 college savings plans they do savings plans without imposing a not every difference in state treatment not offer could result in potential significant burden on dealers and other ultimately will be a benefit to the liability.34 SIA stated that the special 529 college savings plan market investor, particularly in view of home state disclosure proposal would participants that could possibly result in potential recapture of state tax benefits have the counter-intuitive result of an over-simplification of the complexity or other restrictions that some states compromising a dealer’s ability to of state law factors or an over-emphasis impose under certain circumstances.28 develop in-depth expertise regarding the of state law factors as compared to other These commentators suggested that the range of investment products it is relevant investment factors. The MSRB best course would be to remind reasonably capable of servicing. has also retained the reminders in the investors to carefully review the Wachovia expressed concern that this 2005 Proposal to the effect that these program disclosure documents of their requirement would have the potential to disclosures do not obviate other home state programs and to consult paralyze investors with an disclosure requirements or suitability their own advisors before investing, overabundance of information. obligations arising as a result of a with one commentator stating that it The University of Alaska stated that it recommendation. would be inappropriate to suggest to did not wish to have its program The MSRB has determined not to investors that they seek help from their features explained by dealers who are retain the proposal to expand the time- home state programs because it is not authorized to market its 529 college of-trade disclosure obligation to include unclear whether the programs can savings plan, with other commentators disclosures of specific state tax and provide complete information regarding echoing the concern that dealers would other state-based features of the such consequences and because some often be required to disclose investor’s home state as set out in the states may seek to persuade investors to information about a security they do not special home state disclosure proposal. make an investment in their program offer and about which they may not The MSRB has based this determination rather than to impart disinterested have sufficient expertise.35 CSF in large measure on the potential information.29 Two other commentators observed that the burden this adverse impact of this proposal and the stated that the proposed disclosure requirement would place on the 529 significant steps currently in process should reflect that some benefits may be college savings plan market does not toward improvements in the 529 college dependent on the designated exist for any other type of security. Two savings plan disclosure system. commentators suggested that the MSRB beneficiary’s home state (rather than or Fulfilling the Revised Out-of-State await final action by the Commission on in addition to the home state of the Disclosure Obligation Through the 30 its point-of-sale disclosure proposal investor). Program Disclosure Document. Most commentators on the 2005 before finalizing any significant changes Proposal accepted the modified baseline in 529 college savings plan disclosure Summary. The 2004 Proposal would time-of-trade disclosure. However, most requirements.36 have clarified that dealers could meet commentators strongly opposed the MSRB Response. The MSRB their baseline time-of-trade disclosure newly proposed special home state continues to believe that it is important obligation with respect to potentially disclosure proposal requiring disclosure that investors are informed that they foregone in-state benefits through the of specific in-state features that an out- may be foregoing state tax and other issuer’s program disclosure document of-state investor may forego,31 with no benefits offered by their home states by so long as the program disclosure commentator expressing support for this investing in out-of-state 529 college document is provided to the customer at proposal. Several commentators argued savings plans. At the same time, the or prior to the time of trade. The 2004 that the specific disclosures under the MSRB agrees that there is a potential for Proposal also would have strengthened special home state disclosure proposal over-emphasizing the importance of a the minimum standards for prominence would inevitably result in state-based particular state’s beneficial state tax in the program disclosure document in benefits being given disproportionate treatment of an investment in its 529 order to meet the baseline time-of-trade weight as compared to the many other college savings plan, such as where a disclosure obligation. Thus, to meet this important factors to be considered in state offers a tax benefit that ultimately obligation through the program making an investment decision.32 In is relatively small in value compared to disclosure document, the disclosure addition, commentators observed that, the financial impact that a marginally must appear in a manner that is without a reliable source of market-wide higher expense figure may have or reasonably likely to be noted by an information, dealers would be required under a variety of other circumstances. investor. A presentation of this to undertake substantial effort (with As a result, the MSRB has adopted the disclosure in the program disclosure concomitant expenditure of resources) revised out-of-state disclosure document in close proximity and with to understand and track the details of obligation, which retains the baseline equal prominence to the first constantly changing state law treatment time-of-trade disclosure as modified in presentation of information regarding of all 529 college savings plans.33 Two the 2005 Proposal. The MSRB believes other federal or state tax-related that this time-of-trade disclosure in consequences of investing in the 529 28 CSF and SIA. connection with out-of-state sales of 529 college savings plan, and in close 29 CSF. However, Hawkins disagreed, stating that college savings plans, as embodied in proximity and with equal prominence to with respect to non-tax state benefits, customers each other presentation of information should be directed to the specific state program for the revised out-of-state disclosure more information. obligation, achieves the appropriate regarding state tax-related consequences 30 CSPN and FAME. balance between providing for the of investing in the 529 college savings 31 AG Edwards, CSF, CSP-Maryland, CSPN, disclosure to customers of material plan, would be deemed to satisfy this Georgia, ICI, Iowa, Ohio TTA, SIA, T. Rowe, information about the potential loss of requirement. The 2005 Proposal University of Alaska, USAA, Vanguard, Virginia modified this presentation standard to CSP, Wachovia and West Virginia. 32 AG Edwards, CSF, ICI and Vanguard. 34 Hancock and ICI. provide for equal prominence with the 33 Hancock, ICI, SIA, T. Rowe, USAA, Vanguard 35 ICI and Vanguard. principal (rather than first) presentation and Wachovia. 36 USAA and Wachovia. of substantive information regarding

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other federal or state tax-related documents for use in marketing 529 establishes the reasonable grounds for consequences of investing in the 529 college savings plans, conflicting with believing that the recommendation is plan, and the inclusion of a reference to most distribution agreements and suitable and that they must have and this disclosure (rather than restating program disclosure documents. enforce written supervisory procedures such disclosure in full) in close MSRB Response. The MSRB reaffirms reasonably designed to ensure proximity and with equal prominence to its view that it has no authority to compliance with this obligation for each other presentation of information mandate the inclusion of any particular every recommended transaction. The regarding state tax-related consequences items in the issuer’s program disclosure 2004 Proposal did not address of investing in the 529 plan. Neither document. As noted in both the 2004 suitability issues. proposal required that such disclosure and 2005 Proposals, disclosure through Comments. No commentator opposed be made through the program disclosure the program disclosure document in the the 2005 Proposal’s discussion of document, noting that the MSRB does manner described by the MSRB is not general suitability standards. not have the authority to mandate the the sole manner in which a dealer may MSRB Response. The MSRB has inclusion of any particular item of fulfill the revised out-of-state disclosure retained this discussion of general information in the issuer’s disclosure obligation. Just as a dealer could meet suitability standards. document. Both proposals provided that this disclosure obligation through a dealers would be required to separately separate communication, it stands to Comparative Suitability Obligation for make such disclosure if the program reason that a disclosure made through Out-of-State Sales disclosure document did not include the program disclosure document in a Summary. The 2005 Proposal would the information in the manner manner that is reasonably likely to be require a dealer to undertake a prescribed. noted by an investor could also be used comparative suitability analysis if the Comments. Two commentators by a dealer to fulfill this duty. Thus, the dealer has recommended an out-of-state expressed concern that the 2004 MSRB has provided in the proposed 529 college savings plan transaction to Proposal would effectively establish rule change that, if the issuer has not a customer who has indicated that one requirements for what information must included the information in the program of his or her investment objectives is be included in the program disclosure disclosure document in the manner realization of state-based benefits, as 37 document. They noted that the MSRB described, inclusion in the program contemplated under the special home does not have authority to directly disclosure document in another manner state disclosure proposal. This would impose such requirements. CSF stated may nonetheless fulfill the dealer’s out- involve the consideration of the state- that the MSRB should not establish of-state disclosure obligation so long as based benefits available from the specific requirements for how such disclosure in such other manner is customer’s home state 529 college disclosure should appear in the program reasonably likely to be noted by an savings plan in a comparative analysis disclosure document, while two other investor.40 with the out-of-state 529 college savings commentators suggested limiting some plan being offered. Any such state-based of the presentation requirements General Suitability Obligations 38 benefits offered with respect to a described in the 2004 Proposal. SIA Summary. The 2005 Proposal particular 529 college savings plan stated that the requirement that the reaffirmed the guidance originally would be considered as one of many information appearing in the program provided in the 2002 Notice regarding appropriately weighted factors that have disclosure document must appear in a general suitability standards under Rule an ultimate bearing on the relative manner ‘‘reasonably likely to be noted G–19 for recommended transactions in strengths of a particular investment, and by an investor’’ would place dealers in 529 college savings plans. The 2005 the existence of state-based benefits the position to question the judgment of Proposal added reminders to dealers to would not create a presumption that the state issuers and suggested that there the effect that their suitability obligation investment in the home state 529 should be a presumption that the requires a meaningful analysis that college savings plan is necessarily placement and adequacy of the superior to an out-of-state 529 college disclosure in the program disclosure 40 Some commentators stated that certain portions savings plan. If a dealer were to document is reasonable. of the 2005 Proposal might not be consistent with conclude that an investment in the CSPN also expressed concern with the notion that the issuer’s program disclosure respect to the reformulation of this document serves as ‘‘the fundamental, stand-alone home state 529 college savings plan language in the 2005 Proposal, stating disclosure’’ for the offering of its securities. See, would be superior to an investment in e.g., AG Edwards. The MSRB believes that dealers that dealers would have to determine the offered out-of-state 529 college generally may view the issuer’s program disclosure savings plan under every reasonable whether the issuer has satisfactorily document as the definitive source from which to made such disclosures, potentially obtain information about the securities they are scenario, then the dealer would be calling into question the issuer’s selling to their customers. The requirement that a obligated to inform the customer of this dealer make the revised out-of-state disclosure determination to include or omit determination and would be permitted separately if such disclosure is not included in the to effect a transaction in the offered out- particular information.39 CSPN stated program disclosure document in a manner that this would create a constant reasonably likely to be noted by an investor is not of-state 529 college savings plan only if second-guessing aspect as to the validity intended to imply otherwise, consistent with prior the customer has directed to do so after of offering materials created and Commission guidance regarding the obligations of this suitability determination has been underwriters and other dealers in connection with disclosed and if the out-of-state 529 distributed by state issuers. SIA stated municipal issuers’ disclosure materials under the that this provision would likely lead federal securities laws. See Exchange Act Release college savings plan would, without dealers to create their own disclosure No. 26100 (September 22, 1988), 53 FR 37778 regard to the comparative analysis with (Section III—Municipal Underwriter the home state 529 college savings plan, Responsibilities), as modified by Exchange Act 37 be suitable for the customer under CSPN and FAME. These commentators, as well Release No. 26985 (June 28, 1989), 54 FR 28799 as Hawkins, noted that CSPN’s DP–1 already (Section III—Interpretation of Underwriter traditional suitability standards. The contained language on this topic. Responsibilities), and as reaffirmed by Exchange 2004 Proposal did not contain 38 Hawkins and ICI. Act Release No. 33741 (March 9, 1994), 59 FR comparable language. 39 CSP-Maryland, Georgia, Iowa, Ohio TTA, 12748 (Section V—Interpretive Guidance with University of Alaska, Virginia CSP and West Respect to Obligations of Municipal Securities Comments. Most commentators Virginia supported CSPN’s position. Dealers). strongly opposed the comparative

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suitability proposal,41 although two and is likely to significantly discourage its advantage or disadvantage.49 CSF commentators conceded that, depending the marketing of 529 college savings requested that the MSRB defer action on on the facts and circumstances, the plans. NAST agreed, emphasizing that the comparative suitability proposal availability of in-state benefits may be the comparative suitability proposal pending implementation of the planned one of many appropriate factors to would have substantially increased the CSPN Web site enhancement. consider in making a suitability burden on the states themselves. MSRB Response. The MSRB has determination under traditional Wachovia suggested that the MSRB determined not to retain the suitability standards.42 Three undertake a cost-benefit analysis before comparative suitability proposal, based commentators stated that there has been adopting the comparative suitability in large measure on the potential no evidence of abuse in the offering of proposal, while USAA stated that the adverse impact of this proposal and the out-of-state 529 college savings plans to incremental costs associated with significant steps currently in process justify these new requirements, meeting this standard would cause firms toward dramatic improvements in the observing that no enforcement actions to reevaluate whether offering 529 529 college savings plan disclosure have been taken.43 Several college savings plans continues to make system. However, the MSRB agrees with commentators observed that federal sense or to pass the incremental costs on those commentators that noted that the securities regulation has never been to investors. AG Edwards argued that it availability of in-state benefits may be premised on the concept that a dealer is is untenable to require a dealer to one of many appropriate factors to obligated to determine the most suitable inform a client that one 529 college consider in making a suitability investment of a particular type for any savings plan is unequivocally superior determination under traditional customer and that the comparative to another. Two other commentators suitability standards, depending on all suitability proposal is inconsistent with stated that they are receiving anecdotal the facts and circumstances. Thus, the the application of the suitability rule to evidence that some selling dealers are MSRB has added guidance to this effect 44 every other product sold by dealers. withdrawing from the 529 college in the proposed rule change, in Two commentators stated that savings plan market in response to this conjunction with additional guidance to comparisons are highly disfavored by proposal and to recent NASD the effect that dealers should consider 45 NASD rules. The University of Alaska enforcement activity.47 CSF noted that whether a recommendation is consistent noted that one result of a more stringent one potential result may be that some with the customer’s tax status and any suitability obligation for customers who are accustomed to customer investment objectives recommendations of 529 college savings relying on their financial advisors and materially related to federal or state tax plan transactions might be that dealers who otherwise might invest in suitable consequences of an investment. would place their clients in other 529 college savings plans may III. Date of Effectiveness of the investment vehicles that do not carry ultimately never make such an Proposed Rule Change and Timing for such regulatory risk. investment. Many commentators viewed the Commission Action SIA expressed concern that the comparative suitability proposal as The MSRB proposes an effective date effectively requiring dealers to become comparison contemplated by the for the proposed rule change of 60 fully familiar with the terms of all 529 proposal would be difficult to calendar days after Commission college savings plans before offering any implement from a practical standpoint. approval. Within 35 days of the date of particular 529 college savings plan.46 ICI agreed, identifying a number of publication of this notice in the Federal These commentators argued that this specific practical concerns. Some Register or within such longer period (i) extraordinary burden is unprecedented commentators stated that the comparative suitability proposal would as the Commission may designate up to 90 days of such date if it finds such 41 AG Edwards, CSF, CSP-Maryland, CSPN, place inordinate focus on state benefits Fidelity, Georgia, Hancock, ICI, Iowa, NAST, Ohio while effectively ignoring the many longer period to be appropriate and TTA, PFPC, SIA, T. Rowe, University of Alaska, other reasons why an investor might publishes its reasons for so finding or USAA, Virginia CSP, Wachovia and West Virginia. (ii) as to which the self-regulatory No commentator expressed support for the choose to invest in an out-of-state 529 comparative suitability proposal. college savings plan.48 Other organization consents, the Commission 42 AG Edwards and Hancock. commentators predicted that the will: 43 CSF, ICI and USAA. NASD subsequently potential liabilities that would arise A. By order approve such proposed announced on October 26, 2005 that it had reached rule change, or a settlement agreement with Ameriprise Financial under the comparative suitability Services, Inc., in connection with the failure of the proposal would result in many dealers B. Institute proceedings to determine firm to establish and maintain supervisory systems limiting their sales solely to the in-state whether the proposed rule change and procedures reasonably designed to achieve 529 college savings plan, regardless of should be disapproved. compliance with suitability obligations relating to recommended transactions in 529 college savings IV. Solicitation of Comments plans. See www.nasd.com/web/idcplg?IdcService= 47 Fidelity and PFPC. Concerns regarding the SS_GET_PAGE&ssDocName=NASDW_015319. This negative impact of the comparative suitability Interested persons are invited to settlement agreement appears to have been the basis proposal have also been detailed in press reports. submit written data, views, and for concern expressed by Fidelity and PFPC that See Charles Paikert, ‘‘MSRB to Decide on arguments concerning the foregoing, NASD may be incorporating the comparative Controversial 529 Proposals,’’ Investment News, suitability proposal into its enforcement posture February 13, 2006, at 2; Terry Savage, ‘‘Political including whether the proposed rule prior to its final approval. The MSRB understands Issues Put the Hurt on College Savings,’’ The Street, change is consistent with the Act. that NASD did not intend certain language included February 10, 2006, at www.thestreet.com/funds/ Comments may be submitted by any of in the settlement agreement to imply that the investing/10267688.html; Jilian Mincer, ‘‘Sales of the following methods: comparative suitability proposal is currently in 529 College Savings Plans Fell in ’05 Amid effect. Scrutiny,’’ Wall Street Journal, February 9, 2006, at Electronic Comments 44 CSF, Fidelity, Hancock, PFPC, SIA, University D2; Jilian Mincer, ‘‘Disclosure Proposals for 529s of Alaska and USAA. Risk a Broker Backlash,’’ Wall Street Journal, • Use the Commission’s Internet 45 CSF and SIA. January 3, 2006, at D2; Lauren Barack, ‘‘Will Reform comment form (http://www.sec.gov/ 46 CSPN (with the concurrence of CSP-Maryland, Drive Brokers From 529 Sales?’’ Registered Rep, rules/sro.shtml); or Georgia, Iowa, Ohio TTA, University of Alaska, November 1, 2005, at www.registeredrep.com/mag/ Virginia CSP, West Virginia), Hancock, ICI, T. Rowe finance_reform_drive_brokers. Price and Wachovia. 48 ICI, Hancock and Wachovia. 49 AG Edwards, Fidelity and PFPC.

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• Send an e-mail to rule- SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s [email protected]. Please include File COMMISSION Statement of the Purpose of, and Number SR–MSRB–2006–03 on the Statutory Basis for, the Proposed Rule subject line. [Release No. 34–53720; File No. SR–NASD– Change Paper Comments 2006–051] In its filing with the Commission, Nasdaq included statements concerning • Send paper comments in triplicate Self-Regulatory Organizations; the purpose of, and basis for, the to Nancy M. Morris, Secretary, National Association of Securities proposed rule change and discussed any Securities and Exchange Commission, Dealers, Inc.; Notice of Filing and comments it received on the proposed Station Place, 100 F Street, NE., Immediate Effectiveness of Proposed rule change. The text of these statements Washington, DC 20549–1090. Rule Change To Expand the Maximum may be examined at the places specified Single Order Share Amount in in Item IV below. Nasdaq has prepared All submissions should refer to File Nasdaq’s INET Facility summaries, set forth in Sections A, B, Number SR–MSRB–2006–03. This file and C below, of the most significant number should be included on the April 25, 2006. aspects of such statements. subject line if e-mail is used. To help the Pursuant to Section 19(b)(1) of the Commission process and review your A. Self-Regulatory Organization’s Securities Exchange Act of 1934 comments more efficiently, please use Statement of the Purpose of, and (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Statutory Basis for, the Proposed Rule only one method. The Commission will notice is hereby given that on April 19, Change post all comments on the Commission’s 2006, the National Association of 1. Purpose Internet Web site (http://www.sec.gov/ Securities Dealers, Inc.(‘‘NASD’’), rules/sro.shtml). Copies of the through its subsidiary, the Nasdaq Stock Nasdaq’s INET Facility currently submission, all subsequent Market, Inc. (‘‘Nasdaq’’), submitted to operates using a 200,000 share amendments, all written statements the Securities and Exchange maximum single order limit for orders with respect to the proposed rule Commission (‘‘Commission’’) the sent to the New York Stock Exchange’s change that are filed with the proposed rule change as described in DOT system. For all other orders, INET Commission, and all written Items I and II below, which Items have applies a 999,999 share single order maximum share amount. Nasdaq communications relating to the been prepared by Nasdaq. Nasdaq filed proposes to codify for its INET Facility proposed rule change between the the proposed rule change pursuant to a maximum single order share amount Commission and any person, other than Section 19(b)(3)(A) of the Act 3 which those that may be withheld from the standard, for all orders, of 999,999 renders it effective upon filing with the shares, the same share number public in accordance with the Commission. The Commission is provisions of 5 U.S.C. 552, will be maximum already in place in the publishing this notice to solicit Nasdaq Market Center.5 The proposed available for inspection and copying in comments on the proposed rule change the Commission’s Public Reference rule change will ensure that the INET from interested persons. system provides an adequate and Room. Copies of such filing also will be uniform capability to accept large-size available for inspection and copying at I. Self-Regulatory Organization’s orders as well as reduce technological the MSRB’s offices. All comments Statement of the Terms of Substance of the Proposed Rule Change complexity for Nasdaq and users of its received will be posted without change; systems by enhancing the degree of the Commission does not edit personal Nasdaq proposes to expand the single uniformity among single order share identifying information from order maximum share amount in its maximums across its systems.6 submissions. You should submit only INET Facility to 999,999 shares. Nasdaq 2. Statutory Basis information that you wish to make will implement the proposed rule available publicly. All submissions change immediately. The text of the Nasdaq believes that the proposed should refer to File Number SR–MSRB– proposed rule change is below. rule change is consistent with Section 7 2006–03 and should be submitted on or Proposed new language is in italics; 15A of the Act, in general, and furthers before May 23, 2006. deletions are in [brackets].4 the objectives of Section 15A(b)(6) of the Act,8 in particular, in that it is designed For the Commission, by the Division of 4953. Order Entry Parameters to prevent fraudulent and manipulative Market Regulation, pursuant to delegated acts and practices, to promote just and authority.50 (a) INET System Orders equitable principles of trade, remove Nancy M. Morris, (1)–(3) No Change. impediments to a free and open market Secretary. (4) Any order in whole shares up to and a national market system, and, in [FR Doc. E6–6555 Filed 5–1–06; 8:45 am] 999,999 shares may be entered into the general, to protect investors and the BILLING CODE 8010–01–P System for normal execution processing. public interest. * * * * * B. Self-Regulatory Organization’s Statement on Burden on Competition 1 15 U.S.C. 78s(b)(1). Nasdaq does not believe that the 2 17 CFR 240.19b–4. proposed rule change will result in any 3 15 U.S.C. 78s(b)(3)(A). burden on competition that is not 4 Changes are marked to the rule text that appears in the electronic NASD Manual found at http:// 5 www.nasd.com. Prior to the date when The See NASD Rule 4706(d)(1). NASDAQ Stock Market LLC (‘‘NASDAQ LLC’’) 6 The single order maximum share number limit commences operations, NASDAQ LLC will file a for Nasdaq’s Brut Facility shall remain 1,000,099 conforming change to the rules of NASDAQ LLC shares. See NASD Rule 4903(f). approved in Securities Exchange Act Release No. 7 15 U.S.C. 78o–3. 50 17 CFR 200.30–3(a)(12). 53128 (January 13, 2006). 8 15 U.S.C. 78o–3(6).

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necessary or appropriate in furtherance Comments may be submitted by any of SECURITIES AND EXCHANGE of the purposes of the Act. the following methods: COMMISSION C. Self-Regulatory Organization’s Electronic Comments [Release No. 34–53730; File No. SR–NASD– Statement on Comments on the 2006–054] Proposed Rule Change Received From • Use the Commission’s Internet Members, Participants or Others comment form (http://www.sec.gov/ Self-Regulatory Organizations; rules/sro.shtml); or National Association of Securities Written comments were neither • Dealers, Inc.; Notice of Filing and solicited nor received. Send an e-mail to rule- Immediate Effectiveness of Proposed [email protected]. Please include File III. Date of Effectiveness of the Rule Change for Handling by INET and Number SR–NASD–2006–051 on the Brut of Sub-Penny Orders in Securities Proposed Rule Change and Timing for subject line. Commission Action Listed on the New York Stock Paper Comments Exchange LLC or the American Stock Nasdaq has filed the proposed rule Exchange LLC change pursuant to Section 19(b)(3)(A) • Send paper comments in triplicate April 26, 2006. of the Act 9 and subparagraph (f)(6) of to Nancy M. Morris, Secretary, Pursuant to Section 19(b)(1) of the Rule 19b–4 thereunder.10 Because the Securities and Exchange Commission, foregoing proposed rule change: (1) Securities Exchange Act of 1934 100 F Street, NE., Washington, DC, (‘‘Act’’) 1 and Rule 19b-4 thereunder,2 Does not significantly affect the 20549–1090. protection of investors or the public notice is hereby given that on April 21, interest; (2) does not impose any All submissions should refer to File 2006, the National Association of significant burden on competition; and Number SR–NASD–2006–051. This file Securities Dealers, Inc. (‘‘NASD’’), (3) does not become operative for 30 number should be included on the through its subsidiary, The Nasdaq days from the date of filing, or such subject line if e-mail is used. To help the Stock Market, Inc. (‘‘Nasdaq’’), filed shorter time as the Commission may Commission process and review your with the Securities and Exchange designate if consistent with the comments more efficiently, please use Commission (‘‘Commission’’) the proposed rule change as described in protection of investors and the public only one method. The Commission will Items I and II below, which Items have interest, the proposed rule change has post all comments on the Commission’s been prepared by Nasdaq. Nasdaq has become effective pursuant to Section Internet Web site (http://www.sec.gov/ 19(b)(3)(A) of the Act and Rule 19b– filed this proposal pursuant to Section rules/sro.shtml). Copies of the 19(b)(3)(A) of the Act 3 and Rule 19b- 4(f)(6) thereunder. As required under submission, all subsequent 4 Rule 19b–4(f)(6)(iii), Nasdaq provided 4(f)(6) thereunder, which renders the amendments, all written statements proposal effective upon filing with the the Commission with written notice of with respect to the proposed rule 5 its intent to file the proposed rule Commission. The Commission is change that are filed with the publishing this notice to solicit change at least five business days prior Commission, and all written to filing the proposal with the comments on the proposed rule change communications relating to the from interested persons. Commission or such shorter period as proposed rule change between the designated by the Commission. Nasdaq Commission and any person, other than I. Self-Regulatory Organization’s has requested that the Commission Statement of the Terms of Substance of those that may be withheld from the waive 30-day delayed operational date the Proposed Rule Change public in accordance with the provisions contained in the above rule, Nasdaq has filed with the based upon a representation that the provisions of 5 U.S.C. 552, will be available for inspection and copying in Commission a proposed rule change for proposed rule filing would ensure that the handling by Nasdaq’s INET and Brut INET users have the beneficial the Commission’s Public Reference Room. Copies of such filing also will be systems of sub-penny orders priced capability to enter larger size orders as under $1.00 for securities listed on the soon as practicable. For this reason, the available for inspection and copying at the principal office of Nasdaq. All New York Stock Exchange LLC Commission designates the proposal to (‘‘NYSE’’) or the American Stock comments received will be posted be effective and operative upon filing Exchange LLC (‘‘Amex’’). Nasdaq has without change; the Commission does with the Commission. made this filing at the request of the not edit personal identifying At any time within 60 days of the Commission staff. The text of the filing of such proposed rule change, the information from submissions. You proposed rule change is below. Commission may summarily abrogate should submit only information that Proposed new language is in italics; such rule change if it appears to the you wish to make available publicly. All proposed deletions are in [brackets].6 submissions should refer to File Commission that such action is * * * * * necessary or appropriate in the public Number SR–NASD–2006–051 and interest, for the protection of investors, should be submitted on or before May 1 15 U.S.C. 78s(b)(1). or otherwise in furtherance of the 23, 2006. 2 17 CFR 240.19b–4. purposes of the Act. 3 For the Commission, by the Division of 15 U.S.C. 78s(b)(3)(A). 4 IV. Solicitation of Comments Market Regulation, pursuant to delegated 17 CFR 240.19b–4(f)(6). 5 On March 31, 2006, Nasdaq filed this rule authority.11 Interested persons are invited to proposal without designating it as immediately Nancy M. Morris, effective. See SR–NASD–2006–042. At the request submit written data, views, and of the Commission staff, Nasdaq has withdrawn that arguments concerning the foregoing, Secretary. filing. including whether the proposed rule [FR Doc. E6–6556 Filed 5–1–06; 8:45 am] 6 Changes are marked to the rule text that appears change is consistent with the Act. BILLING CODE 8010–01–P in the electronic NASD Manual found at www.nasd.com. Prior to the date when The NASDAQ Stock Market LLC (‘‘NASDAQ LLC’’) 9 15 U.S.C. 78s(b)(3)(A). commences operations, NASDAQ LLC will file a 10 17 CFR 240.19b–4(f)(6). 11 17 CFR 200.30–3(a)(12). conforming change to the rules of NASDAQ LLC

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4904. Entry and Display of Orders System down (for bids) or up (for offers) implemented earlier this year in the (a) No change. to the nearest $0.01 increment prior to NMC. Specifically, proper (i.e., priced (b) Display of Orders—The System display, execution or routing. A under $1.00 and in increments of not will display orders submitted to the quotation so adjusted will have no price less than $0.0001) sub-penny quotes in System as follows: priority over equivalent quotations that NYSE- and Amex-listed securities will (1) and (2) No change. did not require adjustment under this be adjusted on receipt by the Brut and (3) Minimum Price Variation—The paragraph. INET Systems. Offers will be adjusted minimum quotation increment for * * * * * upwards to the next whole cent, while System Securities shall be $0.01 for bids will be adjusted downward to the quotations priced at or above $1.00 per II. Self-Regulatory Organization’s next whole cent. The ability of Brut or share and $0.0001 for quotations priced Statement of the Purpose of, and INET to accept sub-penny quotes in below $1.00 per share; provided, Statutory Basis for, the Proposed Rule Nasdaq-, NYSE-, or Amex-listed however, that if the Securities and Change securities is not affected by this Exchange Commission (‘‘SEC’’) permits, In its filing with the Commission, proposal. with respect to any security, the display, Nasdaq included statements concerning As with the NMC sub-penny quote rank or acceptance of quotations priced the purpose of, and basis for, the adjustments, Nasdaq views this rule at or above $1.00 per share in an proposed rule change and discussed any change for Brut and INET, which is also increment smaller than $0.01, then the comments it received on the proposed being made at the request of the minimum quotation increment for such rule change. The text of these statements Commission staff, as temporary in a security shall be the minimum may be examined at the places specified nature because it will continue to permitted by the SEC or $0.0001, in Item IV below. Nasdaq has prepared deprive investors of the ability, whichever is greater. Quotations failing summaries, set forth in Sections A, B, envisioned in Rule 612, to trade in sub- to meet this standard shall be rejected. and C below, of the most significant pennies those NYSE- and Amex-listed A quotation for a security listed on the aspects of such statements. stocks that are priced below $1.00. New York Stock Exchange or the When Nasdaq determines that this A. Self-Regulatory Organization’s American Stock Exchange and properly approach is no longer appropriate, it Statement of the Purpose of, and (not in violation of this paragraph) will change the rule described herein by Statutory Basis for, the Proposed Rule priced in an increment of less than making an immediately effective filing Change $0.01 will be adjusted by the System with the Commission. down (for bids) or up (for offers) to the 1. Purpose nearest $0.01 increment prior to display, 2. Statutory Basis Consistent with Rule 612 of execution or routing. A quotation so Nasdaq believes that the proposed Regulation NMS,7 as of January 31, adjusted will have no price priority over rule change is consistent with the 2006, the Nasdaq Market Center equivalent quotations that did not provisions of Section 15A of the Act,9 in (‘‘NMC’’) and Nasdaq’s Brut and INET require adjustment under this general, and with Section 15A(b)(6) of facilities accept quotes that are in paragraph. the Act,10 in particular, in that it is increments of least $0.0001 if these (4) No change. designed to promote just and equitable quotes are priced below $1.00. Quotes principles of trade. * * * * * priced above $1.00 are accepted by the 4962. Minimum Quotation Increment NMC, Brut, and INET in increments of B. Self-Regulatory Organization’s The minimum quotation increment in at least $0.01. These principles apply Statement on Burden on Competition the INET System for quotations of $1.00 equally to Nasdaq-listed securities and Nasdaq does not believe that the or above in Nasdaq-listed securities and to securities listed on other exchanges. proposed rule change will result in any in securities listed on a national At the request of the Commission burden on competition that is not securities exchange shall be $0.01. The staff, in order to accommodate the NYSE necessary or appropriate in furtherance minimum quotation increment in the and the Amex, the NMC continues to of the purposes of the Act. INET System for quotations below $1.00 adjust all proper (i.e., priced under C. Self-Regulatory Organization’s in Nasdaq-listed securities and in $1.00 and in increments of not less than Statement on Comments on the securities listed on a national securities $0.0001) sub-penny quotes in NYSE- Proposed Rule Change Received from exchange shall be $0.0001. However, if and Amex-listed securities as soon as it 8 Members, Participants, or Others the Securities and Exchange receives them. Offers are adjusted Commission (‘‘SEC’’) permits, with upwards to the next whole cent, while Written comments were neither respect to any security, the display, rank bids are adjusted downward to the next solicited nor received. whole cent. However, Nasdaq’s INET or acceptance of quotations priced at or III. Date of Effectiveness of the above $1.00 per share in an increment and Brut facilities currently do not adjust proper sub-penny quotes in Proposed Rule Change and Timing for smaller than $0.01, then the minimum Commission Action quotation increment for such a security NYSE- or Amex-listed securities and shall be the minimum permitted by the instead allow sub-penny executions in Because the proposed rule change: (1) SEC or $0.0001, whichever is greater. A such securities as contemplated under Does not significantly affect the quotation for a security listed on the Rule 612. protection of investors or the public The purpose of this filing is to New York Stock Exchange or the interest; (2) does not impose any implement within INET and Brut the American Stock Exchange and properly significant burden on competition; and same adjustment mechanism as was (not in violation of this paragraph) (3) does not become operative for 30 priced in an increment of less than days after the date of the filing, or such 7 17 CFR 242.612. $0.01 will be adjusted by the INET shorter time as the Commission may 8 See Securities Exchange Act Release No. 34– designate if consistent with the 53203 (Jan. 31, 2006), 71 FR 6300 (Feb. 7, 2006) approved in Securities Exchange Act Release No. (rule change to enable the NMC to continue 53128 (January 13, 2006), 71 FR 3550 (January 23, adjusting sub-penny quotes priced below $1.00 in 9 15 U.S.C. 78o–3. 2006). NYSE and Amex securities). 10 15 U.S.C. 78o–3(b)(6).

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protection of investors and the public Number SR-NASD–2006–054 on the SECURITIES AND EXCHANGE interest, the proposed rule change has subject line. COMMISSION become effective pursuant to Section 11 Paper comments [Release No. 34–53728; File Nos. SR–NYSE– 19(b)(3)(A) of the Act and Rule 19b- 2006–13; SR–CBOE–2006–14] 12 4(f)(6) thereunder. • Send paper comments in triplicate The Exchange has asked the to Nancy M. Morris, Secretary, Self-Regulatory Organizations; New Commission to waive the 30-day Securities and Exchange Commission, York Stock Exchange LLC; Chicago operative delay and allow the proposed Station Place, 100 F Street, NE., Board Options Exchange, rule change to become operative on May Washington, DC 20549–1090. Incorporated; Notice of Extension of 1, 2006. The Commission hereby grants Comment Periods for the Proposed that request.13 The Commission believes All submissions should refer to File Rule Changes Relating to Customer that the Exchange’s proposal to round Number SR–NASD–2006–054. This file Portfolio Margining Requirements away all proper sub-penny quotes in number should be included on the NYSE- and Amex-listed securities subject line if e-mail is used. To help the April 26, 2006. immediately upon receipt by Brut or Commission process and review your On March 2, 2006, the New York INET raises no new regulatory issues, as comments more efficiently, please use Stock Exchange LLC (‘‘NYSE’’), and on Nasdaq implemented the same only one method. The Commission will February 2, 2006, the Chicago Board adjustment mechanism earlier this year post all comments on the Commission’s Options Exchange, Incorporated (‘‘CBOE’’), filed with the Securities and in the NMC and Rule 612 does not Internet Web site (http://www.sec.gov/ Exchange Commission (‘‘Commission’’) require that accepted sub-penny quotes rules/sro.shtml). Copies of the priced below $1.00 be displayed, proposed rule changes pursuant to submission, all subsequent Section 19(b)(1) of the Securities executed, or routed in sub-pennies. amendments, all written statements Furthermore, this rule change will bring Exchange Act of 1934 (‘‘Act’’ or with respect to the proposed rule ‘‘Exchange Act’’) 1 and Rule 19b–4 the quoting conventions of two Nasdaq change that are filed with the 2 trading facilities, Brut and INET, into thereunder, that would further expand Commission, and all written the scope of products that are eligible line with those of the NMC without any communications relating to the further delay, thereby reducing the for treatment as part of their respective proposed rule change between the customer portfolio margin pilot possibility of investor confusion. Commission and any person, other than programs.3 A complete description of Therefore, the Commission believes that those that may be withheld from the the proposed rule changes is found in waiving the 30-day operative delay is public in accordance with the the notices of filing, which were consistent with the protection of published in the Federal Register on investors and the public interest. provisions of 5 U.S.C. 552, will be available for inspection and copying in April 6, 2006.4 The comment periods At any time within 60 days of the the Commission’s Public Reference expire on April 27, 2006.5 filing of the proposed rule change, the In response to requests to extend the Commission may summarily abrogate Room. Copies of such filing also will be available for inspection and copying at comment periods, and to give the public such rule change if it appears to the additional time to comment on the Commission that such action is the principal office of the NASD. All comments received will be posted proposed rule changes, the Commission necessary or appropriate in the public has decided to extend the comment without change; the Commission does interest, for the protection of investors, periods pursuant to Section 19(b)(2) of not edit personal identifying or otherwise in furtherance of the the Act.6 Accordingly, the comment purposes of the Act. information from submissions. You periods shall be extended until May 11, should submit only information that IV. Solicitation of Comments 2006. you wish to make available publicly. All Interested persons are invited to Interested persons are invited to submissions should refer to File submit written data, views, and submit written data, views, and Number SR–NASD–2006–054 and arguments concerning the foregoing, arguments concerning the foregoing, should be submitted on or before May including whether the proposed rule including whether the proposed rule 23, 2006. change is consistent with the Exchange change is consistent with the Act. For the Commission, by the Division of Act. Comments may be submitted by Comments may be submitted by any of Market Regulation, pursuant to delegated any of the following methods: the following methods: authority.14 1 Electronic comments 15 U.S.C. 78s(b)(1). Nancy M. Morris, 2 17 CFR 240.19b–4. • Use the Commission’s Internet Secretary. 3 See Exchange Act Release No. 52031 (July 14, comment form (http://www.sec.gov/ [FR Doc. E6–6597 Filed 5–1–06; 8:45 am] 2005), 70 FR 42130 (July 21, 2005) (SR–NYSE– 2002–19); and Exchange Act Release No. 52032 rules/sro.shtml); or BILLING CODE 8010–01–P (July 14, 2005), 70 FR 42130 (July 21, 2005) (SR– • Send an e-mail to rule- CBOE–2002–03). On July 14, 2005, the Commission [email protected]. Please include File approved on a pilot basis expiring July 31, 2007, amendments to NYSE Rule 431 and CBOE Rule 12.4 to permit the use of customer portfolio margining 11 15 U.S.C. 78s(b)(3)(A). for certain specified products (e.g., listed, broad- 12 17 CFR 240.19b-4(f)(6). As required by Rule based U.S. index options and warrants, along with 19b-4(f)(6)(iii) under the Act, the Exchange also any underlying instruments), as an alternative to provided with the Commission with written notice the strategy based margin requirements required by of its intent to file the proposed rule change, along the NYSE’s and CBOE’s margin rules. with a brief description and text of the proposed 4 See Exchange Act Release No. 53576 (March 30, rule change, at least five business days prior to the 2006), 71 FR 17519 (April 6, 2006) (SR–CBOE– date of the proposed rule change. 2006–14); and Exchange Act Release No. 53577 13 For purposes only of waiving the 30-day (March 30, 2006), 71 FR 17539 (April 6, 2006) (SR– operative delay, the Commission has considered the NYSE–2006–13). proposed rule’s impact on efficiency, competition, 5 Id. and capital formation. See 15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). 6 15 U.S.C. 78s(b)(2).

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Electronic Comments DEPARTMENT OF STATE exhibition within the United States, are of cultural significance. The objects are • [Public Notice 5398] Use the Commission’s Internet imported pursuant to loan agreements comment form (http://www.sec.gov/ Culturally Significant Objects Imported with the foreign owners or custodians. rules/sro.shtml); or for Exhibition Determinations: ‘‘Baksy I also determine that the exhibition or • Send e-mail to rule- Krater’’ display of the exhibit objects at The J. [email protected]. Please include File Paul Getty Museum, Los Angeles, CA, Number SR–NYSE–2006–13 or SR– AGENCY: Department of State. from on or about July 5, 2006, until on CBOE–2006–14 on the subject line. ACTION: Notice, correction. or about September 24, 2006, and at possible additional venues yet to be Paper Comments SUMMARY: On April 5, 2006, notice was determined, is in the national interest. published on page 17148 of the Federal Public Notice of these Determinations is • Send paper comments in triplicate Register (volume 71, number 65) of ordered to be published in the Federal to Nancy M. Morris, Secretary, determinations made by the Department Register. Securities and Exchange Commission, of State pertaining to the exhibition FOR FURTHER INFORMATION CONTACT: For 100 F Street, NE., Washington, DC ‘‘Baksy Krater.’’ The referenced notice is further information, including a list of 20549–1090. corrected as to the date of the the exhibit objects, contact Julianne All submissions should refer to File exhibition, which will be at the J. Paul Simpson, Attorney-Adviser, Office of Number SR–NYSE–2006–13 or SR– Getty Museum’s Villa, Malibu, CA, from the Legal Adviser, U.S. Department of CBOE–2006–14. This file number on or about June 14, 2006, until on or State (telephone: 202/453–8049). The should be included on the subject line about September 3, 2007, and at address is U.S. Department of State, SA– if e-mail is used. To help the possible additional venues yet to be 44, 301 4th Street, SW., Room 700, Commission process and review your determined. Public Notice of this Washington, DC 20547–0001. comments more efficiently, please use correction is ordered to be published in the Federal Register. Dated: April 21, 2006. only one method. The Commission will C. Miller Crouch, FOR FURTHER INFORMATION CONTACT: For post all comments on the Commission’s Principal Deputy Assistant Secretary for Internet Web site (http://www.sec.gov/ further information, including a list of the exhibit objects, contact Richard Educational and Cultural Affairs, Department rules/sro/shtml). Copies of the of State. submission, all subsequent Lahne, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State [FR Doc. E6–6609 Filed 5–1–06; 8:45 am] amendments, all written statements (telephone: (202) 453–8058). The BILLING CODE 4710–05–P with respect to the proposed rule address is U.S. Department of State, SA– change that are filed with the 44, 301 4th Street, SW., Room 700, DEPARTMENT OF STATE Commission, and all written Washington, DC 20547–0001. communications relating to the [Public Notice 5400] proposed rule change between the Dated: April 24, 2006. Commission and any person, other than Miller Crouch, Bureau of Educational and Cultural those that may be withheld from the Principal Deputy Assistant Secretary for Affairs (ECA) Request for Grant public in accordance with the Educational and Cultural Affairs, Department Proposals: FY 2006 U.S.-Russia of State. provisions of 5 U.S.C. 552, will be Language, Technology, Math, and available for inspection and copying in [FR Doc. E6–6610 Filed 5–1–06; 8:45 am] Sciences (LTMS) Teacher Program BILLING CODE 4710–05–P the Commission’s Public Reference Announcement Type: New Room. Copies of such filing also will be Cooperative Agreement. available for inspection and copying at DEPARTMENT OF STATE Funding Opportunity Number: ECA/ the principal office of the NYSE or A/S/X–06–13. [Public Notice 5399] CBOE. All comments received will be Catalog of Federal Domestic posted without change; the Commission Culturally Significant Objects Imported Assistance Number: 00.000. does not edit personal identifying for Exhibition Determinations: Key Dates: Application Deadline, June information from submissions. You ‘‘Rubens and Brueghel: A Working 5, 2006. should submit only information that Friendship’’ Executive Summary: The Teacher you wish to make available publicly. All Exchange Branch in the Office of Global submission should refer to File Number SUMMARY: Notice is hereby given of the Educational Programs of the Bureau of SR–NYSE–2006–13 or SR–CBOE–2006– following determinations: Pursuant to Educational and Cultural Affairs (ECA), 14 and should be submitted on or before the authority vested in me by the Act of U.S. Department of State, announces an May 11, 2006. October 19, 1965 (79 Stat. 985; 22 U.S.C. open competition for an assistance 2459), Executive Order 12047 of March award in the amount of $700,000 to For the Commission, by the Division of 27, 1978, the Foreign Affairs Reform and support the FY 2006 U.S.—Russia Market Regulation, pursuant to delegated Restructuring Act of 1998 (112 Stat. Language, Technology, Math, and 7 authority. 2681, et seq.; 22 U.S.C. 6501 note, et Sciences (LTMS) Teacher Program. This Nancy M. Morris, seq.), Delegation of Authority No. 234 of program provides a three- to four-week Secretary. October 1, 1999, Delegation of Authority professional development program in [FR Doc. E6–6596 Filed 5–1–06; 8:45 am] No. 236 of October 19, 1999, as the U.S. for secondary-level teachers BILLING CODE 8010–01–P amended, and Delegation of Authority from Russia, followed by a program in No. 257 of April 15, 2003 [68 FR 19875], Russia for U.S. teachers and the Russian I hereby determine that the objects to be educators, and a series of workshops in included in the exhibition ‘‘Rubens and Russia led by the Russian teachers for Brueghel: A Working Friendship,’’ their colleagues. U.S. organizations 7 17 CFR 200.30–3(a)(12). imported from abroad for temporary meeting the provisions described in

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Internal Revenue Code section 26 C. Two three- to four-week U.S.-based and nominating candidates, and 501(c)(3) are eligible to apply. institutes (each comprising a group of 16 approving and monitoring follow-up In a proposal, applicants should teachers from Russia): The first institute activities. address their capacity to recruit teachers should support teachers of English as a In all cases, the top candidates’ of English as a Foreign Language (EFL), Foreign Language (EFL), social studies, and history and should be given in English in applications will be submitted to the history, social studies, math, science, spring of 2007; the second institute should cooperating institution, which should and information technology in Russia. support teachers of math, science, and organize external peer review panels to I. Funding Opportunity Description information technology and should be given determine the final selection of in Russian in fall of 2007. Russian candidates in collaboration with ECA. Authority participants should be teaching professionals B. Recruitment and Selection of U.S. Overall grant making authority for with at least five to ten years of experience. Teachers this program is contained in the Mutual Teachers participating in the English- Educational and Cultural Exchange Act speaking institute should have strong written The cooperating institution should and oral English skills, as evidenced by an of 1961, Public Law 87–256, as institutional TOEFL score of 195 CBT or invite applications from outstanding amended, also known as the Fulbright- higher. The second institute, for teachers U.S. teachers in the fields of English, Hays Act. The purpose of the Act is ‘‘to from the disciplines of math, science, and English as a Foreign Language (EFL), enable the Government of the United information technology, will be conducted in social studies, history, math, science, States to increase mutual understanding Russian with facilitators and translators; and information technology. In between the people of the United States D. Visit of a group of eight U.S. teachers consultation with the Teacher Exchange and the people of other countries* * *; to the home schools of the Russian teachers Branch (ECA/A/S/X), the cooperating to strengthen the ties which unite us who participated in the U.S. program to share institution should select approximately with other nations by demonstrating the best practices during the 2007–08 academic 8 teachers for participation. educational and cultural interests, year; E. Professional development workshops in developments, and achievements of the C. U.S. School-Based Internships/ Russia led by teachers who participated in Professional Development Institutes people of the United States and other the U.S. program for their non-English- nations * * * and thus to assist in the speaking colleagues; and Two competitively selected schools of development of friendly, sympathetic F. Follow-On Activities. education at U.S. universities should and peaceful relations between the Applicants should propose a calendar coordinate the professional United States and the other countries of that will include a coherent sequence of development institutes—one for the the world.’’ The funding authority for the various program phases. spring institute in English, history, and the program above is provided through social studies, and one for the fall legislation. A. Recruitment/Selection of Russian institute in math, science, and Teachers Purpose information technology. The cooperating institution should Overview: The U.S.-Russia Language, Applicants should propose creative, cost-efficient recruitment and selection administer an open sub-grant Technology, Math, and Sciences (LTMS) competition among U.S. schools of Teacher Program will bring outstanding strategies involving an on-the-ground partner organization in Russia to attract education to host the teachers. The secondary school teachers from Russia cooperating institution should arrange a to the United States to augment their qualified teachers to the program. The recruitment strategy should ensure a three-day orientation program in subject area teaching skills and Washington, DC, for each group of knowledge of the U.S., as well as pool of highly qualified candidates, while also limiting the number that will Russian teachers. Then, the teachers provide opportunities for U.S. teachers will travel to the U.S. host university for to participate in a professional not be accepted. Applicants are invited to propose, based on their experience the three-to four-week institute. Each development program in Russia. The program will conclude with a two- or goals of the program are: (1) To provide and knowledge, appropriate grant-to- applicant ratios that should be targeted three-day conference and debriefing opportunities for Russian and U.S. session at the host university. teachers to learn from one another’s in the recruitment effort. Please include For each cohort of participants, the education systems and foster excellence letters of project commitment from the institutes should provide: in the classroom through increased on-the-ground partner and describe in exchange of ideas and expertise; (2) to detail relevant previous projects (1) Intensive training in teaching develop the leadership skills of Russian undertaken by the organization or methodologies in the Teaching of English as and U.S. teachers by providing individuals. A sub-grant agreement and a Foreign Language, social studies, civics, opportunities to share educational best an accompanying budget are required. history, or math, science, and technology, especially student-centered and applied or practices in professional development Please include this documentation with your proposal submission. problem-based learning; through seminars and workshops in the (2) Training in the use of technology United States and Russia; (3) to raise the The cooperating institution, together appropriate for the Russian classroom (all status of teaching in Russia and create with the local partner, should subjects) and in the use of computers for among key Russian professionals a collaborate in Russia with the English Internet research and word processing; deeper understanding of the U.S., so Language Officer (ELO) on the program (3) Consultations with leading U.S. teacher that they may share their experiences of for English-speaking teachers. The ELO, training and curriculum development living in a diverse democratic society based at the U.S. Embassy in Moscow, specialists and practitioners; with students and teachers in their is a credentialed, experienced Foreign (4) Visits to various types of U.S. schools home communities. Service and English as a Foreign to observe a variety of teaching methods Language officer who works with the (inquiry, applied/problem-based learning, Proposals should outline six distinct active classroom, group projects, etc.); program components: Russian Ministry of Education, (5) Individual and group work periods for A. Program publicity, recruitment, and universities and teacher-training research and curriculum writing activities; selection in Russia. officials on targeted English language (6) Involvement with Americans at civic B. Program publicity, recruitment, and programs. The ELO may participate in and volunteer organizations, at school board selection of U.S. teachers. reviewing applications, interviewing meetings, parent-teacher conferences or other

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community and cultural activities, and U.S. Embassy in Moscow (including the activities above and beyond routine through home stays; ELO for workshops in EFL, where grant monitoring. ECA/A/S/X activities (7) The English-speaking group should be appropriate), and the ECA Teacher and responsibilities for this program are provided a school-based internship with U.S. Exchange Branch. mentor teachers and opportunities to teach or as follows: The Bureau will work with the • Formulation of program policy; team-teach in a U.S. classroom. • (8) At the end of each institute, the host recipient of this cooperative agreement Clearing texts and program university should organize a conference/ award on administrative and program guidelines for publication; debriefing meeting with the visiting Russian issues and questions as they arise over • Approval of recruitment educators and the selected U.S. teachers who the duration of the award. mechanisms and the selection of will travel to Russia. The conference may Russian and U.S. teachers; F. Follow-On Activities include joint presentations, poster sessions or • Review and approval of solicitation round-table discussions on topics such as After the Russian participants return materials for sub-grant competition of technology in the classroom, effective home, follow-on programming will take university hosts; instruction, teacher professional place. The Russian teachers will be • development, school partnerships, and civic Review and approval of the education. eligible to apply for small grants to university-based program schedules and purchase essential materials for their enhancement activities for Russian D. Russia Visit schools, to offer follow-on training for teachers, the Washington, DC, The program will provide a two-week other teachers (in addition to the orientation and the end-of-program visit to Russia for 8 U.S. teachers to workshops previously described), to debriefing schedules; and foster school linkages and collaboration open a teacher resource center, and to • Approval of schedules for in- on joint projects. The visits should conduct other activities that will build country workshops and follow-on feature the sharing of best practices, on the exchange visits. The awards. team-teaching with counterparts abroad, development and approval of follow-on II. Award Information seminars on methodology, and grants must be coordinated by the opportunities to learn from regional cooperating institution with the relevant Type of Award: Cooperative master teachers about teaching styles, non-governmental organizations, the Agreement. ECA’s level of involvement curriculum, and educational issues in U.S. Embassy in Moscow (including the in this program is listed under number Russia. The cooperating institution ELO, where appropriate), and the I above. should work with ECA/A/S/X and Teacher Exchange Branch. Cooperating Fiscal Year Funds: 2006. international counterparts to identify institutions’ proposals should allot a Approximate Total Funding: and arrange host placements in Russia total of $40,000 to fund a total of 10 or $700,000. for the U.S. teachers. 12 small grants. Approximate Number of Awards: 1. Approximate Average Award: E. Professional Development Workshops Program Planning and Implementation Pending availability of funds, $700,000. in Russia Applicants are requested to submit a Anticipated Award Date: Pending The third component, which will take narrative outlining a comprehensive availability of funds, September 1, 2006. place after the Russian participants strategy for the administration and Anticipated Project Completion Date: return home, is a series of workshops implementation of the U.S.-Russia June 30, 2008. they will conduct for their non-English- Language, Technology, Math, and Additional Information: Pending speaking colleagues. Proposals should Sciences (LTMS) Teacher Program. The successful implementation of this outline a plan for Russian teachers who narrative should include a proposed program and the availability of funds in have taken part in the program to design for the institutes, a strategy for subsequent fiscal years, it is ECA’s organize and lead professional selecting university hosts and for intent to renew this grant for two development workshops in Russia in cooperating with them through additional fiscal years before openly summer 2008, with the collaboration subgrants, a plan for recruiting, competing it again. and guidance of U.S. education selecting, and placing Russian teachers III. Eligibility Information consultants from the host universities. at the U.S. institutes, a plan for The workshops are designed to reach as monitoring the teachers’ academic and III.1. Eligible applicants: Applications many (non-English-speaking, professional programs, an idea for the may be submitted by public and private particularly) Russian teachers as end-of-program debriefing/conference non-profit organizations meeting the possible. While still in the U.S., the for Russian and U.S. teachers, a design provisions described in Internal teachers should develop curriculum for the Russia visits by U.S. teachers, Revenue Code section 26 U.S.C. units to be used in their Russian and a proposal for follow-on support. 501(c)(3). classrooms. During the in-country The comprehensive program strategy III.2. Cost Sharing or Matching Funds: workshops, the participants in the U.S. should reflect a vision for the program There is no minimum or maximum program should share their curriculum as a whole, interpreting the goals of the percentage required for this units with fellow teachers, as well as U.S.-Russia LTMS Teacher Program competition. However, the Bureau information they received while on the with creativity and providing innovative encourages applicants to provide exchange about student-centered ideas for the program. The strategy maximum levels of cost sharing and learning, applied and problem-based should include a description of how the funding in support of its programs. learning, technology in education, civic various components of the program will When cost sharing is offered, it is education, and new pedagogical be integrated to build upon and understood and agreed that the methods. The participating teachers and reinforce one another. Pending applicant must provide the amount of their host university education availability of funds, this grant should cost sharing as stipulated in its proposal consultants should develop the begin on September 1, 2006, and will and later included in an approved grant workshops in coordination with the run through June 30, 2008. agreement. Cost sharing may be in the cooperating institution, relevant in- In a cooperative agreement, ECA’s form of allowable direct or indirect country non-governmental organization, Teacher Exchange Branch will be costs. For accountability, applicants the Russian Ministry of Education, the substantially involved in program must maintain written records to

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support all costs, which are claimed as Solicitation Package may be Programs as set forth in 22 CFR part 62, their contribution, as well as costs to be downloaded from the Bureau’s Web site including the oversight of Responsible paid by the Federal government. Such at http://exchanges.state.gov/education/ Officers and Alternate Responsible records are subject to audit. The basis rfgps/menu.htm or from the Grants Officers, screening and selection of for determining the value of cash and office Web site at http://www.grants.gov. program participants, provision of pre- in-kind contributions must be in Please read all information before arrival information and orientation to accordance with OMB Circular A–110, downloading. participants, monitoring of participants, (Revised), Subpart C.23—Cost Sharing IV.3. Content and Form of proper maintenance and security of and Matching. In the event you do not Submission: Applicants must follow all forms, record-keeping, reporting and provide the minimum amount of cost instructions in the Solicitation Package. other requirements. sharing as stipulated in the approved The original and seven copies of the An employee of the Bureau will be budget, ECA’s contribution will be application should be sent per the named the Responsible Officer for the reduced in like proportion. instructions under IV.3f. ‘‘Application program; employees of the cooperating III.3 Other Eligibility Requirements: Deadline and Methods of Submission institution will be named Alternate Bureau grant guidelines require that section’’ below. Responsible Officers and will be organizations with less than four years IV.3a. You are required to have a Dun responsible for issuing DS–2019 forms experience in conducting international and Bradstreet Data Universal to participants and performing all exchanges be limited to $60,000 in Numbering System (DUNS) number to actions to comply with the Student and Bureau funding. ECA anticipates issuing apply for a grant or cooperative Exchange Visitor Information System one award in an amount up to $700,000 agreement from the U.S. Government. (SEVIS). A copy of the complete to support program and administrative This number is a nine-digit regulations governing the costs required to implement this identification number, which uniquely administration of Exchange Visitor (J) exchange program. Therefore, identifies business entities. Obtaining a programs is available at http:// organizations with less than four years DUNS number is easy and there is no exchanges.state.gov or from: United experience in conducting international charge. To obtain a DUNS number, States Department of State, Office of access http:// exchanges are ineligible to apply under Exchange Coordination and www.dunandbradstreet.com or call 1– this competition. The Bureau Designation, ECA/EC/ECD—SA–44, 866–705–5711. Please ensure that your encourages applicants to provide Room 734, 301 4th Street, SW., DUNS number is included in the maximum levels of cost sharing and Washington, DC 20547. Telephone: appropriate box of the SF–424 which is funding in support of its programs. (202) 203–5029. FAX: (202) 453–8640. part of the formal application package. IV. Application and Submission IV.3b. All proposals must contain an Please refer to Solicitation Package for Information executive summary, proposal narrative further information. and budget. IV.3.d.2. Diversity, Freedom and Note: Please read the complete Please refer to the Solicitation Democracy Guidelines: Pursuant to the announcement before sending inquiries or Package. It contains the mandatory Bureau’s authorizing legislation, submitting proposals. Once the RFGP Proposal Submission Instructions (PSI) programs must maintain a non-political deadline has passed, Bureau staff may not document and the Project Objectives, character and should be balanced and discuss this competition with applicants Goals and Implementation (POGI) representative of the diversity of until the proposal review process has been document for additional formatting and American political, social, and cultural completed. technical requirements. life. ‘‘Diversity’’ should be interpreted IV.1. Contact Information to Request IV.3c. You must have nonprofit status in the broadest sense and encompass an Application Package: Please contact with the IRS at the time of application. differences including, but not limited to Patricia Mosley of the Teacher Exchange If your organization is a private ethnicity, race, gender, religion, Branch, ECA/A/S/X, Room 349, U.S. nonprofit which has not received a grant geographic location, socio-economic Department of State, SA–44, 301 4th or cooperative agreement from ECA in status, and disabilities. Applicants are Street, SW., Washington, DC 20547, the past three years, or if your strongly encouraged to adhere to the telephone: (202)453–8897, fax (202)453– organization received nonprofit status advancement of this principle both in 8890, e-mail: [email protected] to from the IRS within the past four years, program administration and in program request a Solicitation Package. Please you must submit the necessary content. Please refer to the review refer to the Funding Opportunity documentation to verify nonprofit status criteria under the ’Support for Diversity’ Number ECA/A/S/X–06–13 when as directed in the PSI document. Failure section for specific suggestions on making your request. to do so will cause your proposal to be incorporating diversity into your Alternatively, an electronic declared technically ineligible. proposal. Public Law 104–319 provides application may be obtained from IV.3d. Please take into consideration that ‘‘in carrying out programs of grants.gov. Please see section IV.3f. for the following information when educational and cultural exchange in further information. preparing your proposal narrative: countries whose people do not fully The Solicitation Package contains the IV.3d.1 Adherence to All Regulations enjoy freedom and democracy,’’ the Proposal Submission Instruction (PSI) Governing the J Visa: The Bureau of Bureau ‘‘shall take appropriate steps to document which consists of required Educational and Cultural Affairs is provide opportunities for participation application forms, and standard placing renewed emphasis on the secure in such programs to human rights and guidelines for proposal preparation. and proper administration of Exchange democracy leaders of such countries.’’ It also contains the Project Objectives, Visitor (J visa) Programs and adherence Public Law 106–113 requires that the Goals and Implementation (POGI) by grantees and sponsors to all governments of the countries described document, which provides specific regulations governing the J visa. above do not have inappropriate information, award criteria and budget Therefore, proposals should influence in the selection process. instructions tailored to this competition. demonstrate the applicant’s capacity to Proposals should reflect advancement of IV.2. To Download a Solicitation meet all requirements governing the these goals in their program contents, to Package Via Internet: The entire administration of the Exchange Visitor the full extent deemed feasible.

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IV.3.d.3. Program Monitoring and attitude. Learning includes both There must be a summary budget as Evaluation: Proposals must include a substantive (subject-specific) learning well as breakdowns reflecting both plan to monitor and evaluate the and mutual understanding. administrative and program budgets for project’s success, both as the activities 3. Participant behavior, concrete host campus and foreign teacher unfold and at the end of the program. actions of teachers to apply knowledge involvement in the program. Applicants The Bureau recommends that your in home schools and community; should provide separate sub-budgets for proposal include a draft survey interpretation and explanation of the professional institutes/internships, questionnaire or other technique plus a experiences and new knowledge gained Russia visits by U.S. teachers, and the description of a methodology to use to to school administrators and other in-country workshop components in link outcomes to original project colleagues; continued contacts between Russia. objectives. The Bureau expects that the participants and others. The summary and detailed cooperating institution will track 4. Institutional changes influencing administrative and program budgets participants and partners and be able to policy improvement, such as increased should be accompanied by a narrative respond to key evaluation questions, collaboration and partnerships, policy which provides a brief rationale for each including satisfaction with the program, reforms, new programming, and line item including a methodology for learning as a result of the program, organizational improvements. estimating appropriate average changes in behavior as a result of the maintenance allowance levels and program, and effects of the program on Please note: Consideration should be given tuition costs (as applicable) for the institutions (institutions in which to the appropriate timing of data collection for each level of outcome. For example, participants, and the number that can be participants work or partner satisfaction is usually captured as a short- accommodated at the levels proposed. institutions). The evaluation plan term outcome, whereas behavior and The total administrative costs funded by should include indicators that measure institutional changes are normally the Bureau must be reasonable and gains in mutual understanding as well considered longer-term outcomes. appropriate. as substantive knowledge. IV.3.e.2. Allowable costs for the Overall, the quality of your Successful monitoring and evaluation program and additional budget guidance monitoring and evaluation plan will be depend heavily on setting clear goals are outlined in detail in the POGI judged on how well it (1) specifies and outcomes at the outset of a program. document. intended outcomes; (2) gives clear Your evaluation plan should include a Please refer to the Solicitation descriptions of how each outcome will description of your project’s objectives, Package for complete budget guidelines be measured; (3) identifies when your anticipated project outcomes, how and formatting instructions. and when you intend to measure these particular outcomes will be measured; IV.3f. Application Deadline and outcomes (performance indicators), and and (4) provides a clear description of Methods of Submission: how these outcomes relate to the above the data collection strategies for each Application Deadline Date: Monday, goals. The more that outcomes are outcome (i.e., surveys, interviews, or June 5, 2006. ‘‘smart’’ (specific, measurable, focus groups). (Please note that Reference Number: ECA/A/S/X–06– attainable, results-oriented, and placed evaluation plans that deal only with the 13. in a reasonable time frame), the easier first level of outcomes [satisfaction] will Methods of Submission: Applications it will be to conduct the evaluation. You be deemed less competitive under the may be submitted in one of two ways: present evaluation criteria.) should also show how your project (1) In hard copy, via a nationally objectives link to the goals of the ECA/A/S/X and the Bureau’s Office of recognized overnight delivery service (i.e., program described in this RFGP. Policy and Evaluation will work with DHL, Federal Express, UPS, Airborne Your monitoring and evaluation plan the recipient of this cooperative Express, or U.S. Postal Service Express should clearly distinguish between agreement to develop appropriate Overnight Mail, etc.), or program outputs and outcomes. Outputs evaluation goals and performance (2) Electronically through http:// www.grants.gov. are products and services delivered, indicators. often stated as an amount. Output The cooperating institution will be Along with the Project Title, all information is important to show the required to provide reports analyzing applicants must enter the above scope or size of project activities, but it their evaluation findings to the Bureau Reference Number in Box 11 on the SF– cannot substitute for information about in their regular program reports. All 424 contained in the mandatory progress towards outcomes or the data collected, including survey Proposal Submission Instructions (PSI) results achieved. Examples of outputs responses and contact information, must of the solicitation document. include the number of people trained or be maintained for a minimum of three IV.3f.1 Submitting Printed the number of seminars conducted. years and provided to the Bureau upon Applications: Applications must be Outcomes, in contrast, represent request. shipped no later than the above specific results a project is intended to IV.3.d.4. Describe your plans for deadline. Delivery services used by achieve and is usually measured as an staffing: Please provide a staffing plan applicants must have in-place, extent of change. Findings on outputs which outlines the responsibilities of centralized shipping identification and and outcomes should both be reported, each staff person and explains which tracking systems that may be accessed but the focus should be on outcomes. staff member will be accountable for via the Internet and delivery people We encourage you to assess the each program responsibility. Wherever who are identifiable by commonly following four levels of outcomes, as possible please streamline recognized uniforms and delivery they relate to the program goals set out administrative processes. vehicles. Proposals shipped on or before in the RFGP (listed here in increasing IV.3e. Please take the following the above deadline but received at ECA order of importance): information into consideration when more than seven days after the deadline 1. Participant satisfaction with the preparing your budget: will be ineligible for further program and exchange experience. IV.3.e.1. HJ Applicants must submit a consideration under this competition. 2. Participant learning, such as comprehensive budget for the program. Proposals shipped after the established increased knowledge, aptitude, skills, The budget should not exceed $700,000 deadlines are ineligible for and changed understanding and for program and administrative costs. consideration under this competition.

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ECA will not notify you upon receipt of adhere to the guidelines stated herein 5. Follow-on and Alumni Activities: application. It is each applicant’s and in the Solicitation Package. All Proposals should provide a plan for responsibility to ensure that each eligible proposals will be reviewed by continued follow-on activity (both with package is marked with a legible the program office, as well as the Public and without Bureau support) ensuring tracking number and to monitor/confirm Diplomacy section overseas, where that the U.S.-Russia LTMS Teacher delivery to ECA via the Internet. appropriate. Eligible proposals will be Program training is not an isolated Delivery of proposal packages may not subject to compliance with Federal and event. Activities should include be made via local courier service or in Bureau regulations and guidelines and administering a small grants person for this competition. Faxed forwarded to Bureau grant panels for competition for alumni, and tracking documents will not be accepted at any advisory review. Proposals may also be and maintaining updated lists of all time. Only proposals submitted as reviewed by the Office of the Legal alumni and facilitating follow-up stated above will be considered. Adviser or by other Department activities. elements. Final funding decisions are at Important note: When preparing your 6. Project Evaluation: Proposals submission please make sure to include one the discretion of the Department of extra copy of the completed SF–424 form and State’s Assistant Secretary for should include a plan and methodology place it in an envelope addressed to ‘‘ECA/ Educational and Cultural Affairs. Final to evaluate the U.S.-Russia Language, EX/PM’’. technical authority for assistance Technology, Math, and Sciences (LTMS) Teacher Program’s degree of success in The original and seven copies of the awards (cooperative agreements) resides application should be sent to: U.S. with the Bureau’s Grants Officer. meeting program objectives, both as the activities unfold, at the end of the first Department of State, SA–44, Bureau of Review Criteria Educational and Cultural Affairs, Ref.: program iteration, and at their ECA/A/S/X–06–13, Program Technically eligible applications will conclusion. Draft survey questionnaires Management, ECA/EX/PM, Room 534, be competitively reviewed according to or other techniques plus description of 301 4th Street, SW., Washington, DC the criteria stated below. These criteria methodologies to use to link outcomes 20547. are not rank ordered and all carry equal to original project objectives are Applicants submitting hard-copy weight in the proposal evaluation: recommended. Successful applicants applications must also submit the 1. Program Development and will be expected to submit intermediate ‘‘Executive Summary’’ and ‘‘Proposal Management: The proposal narrative reports after each project component is Narrative’’ sections of the proposal in should exhibit originality, substance, concluded, or quarterly, whichever is text (.txt) format on a PC-formatted disk. precision, and relevance to the Bureau’s less frequent. The Bureau will provide these files mission as well as the objectives of the 7. Cost-effectiveness and Cost electronically to the appropriate Public U.S.-Russia Language, Technology, Sharing: The overhead and Affairs section at the U.S. embassy for Math, and Sciences (LTMS) Teacher its review. Program. It should include an effective, administrative components of the IV.3f.2. Submitting Electronic feasible program plan for U.S.-based proposal, including salaries and Applications: Applicants have the institutes and in-country workshops in honoraria, should be kept as low as option of submitting proposals Russia and demonstrate how the possible. All other items should be electronically through Grants.gov distribution of administrative resources necessary and appropriate. Proposals (http://www.grants.gov). Complete will ensure adequate attention to should maximize cost-sharing through solicitation packages are available at program administration, including host other private sector support as well as Grants.gov in the ‘‘Find’’ portion of the institution selection. institutional direct funding system. Please follow the instructions 2. Multiplier effect/impact: The contributions. available in the ‘‘Get Started’’ portion of proposed administrative strategy should VI. Award Administration Information the site (http://www.grants.gov/ maximize the program’s potential to GetStarted). build on the participants’ training upon VI.1a. Award Notices Applicants have until midnight (12 their return to their countries. a.m.) of the closing date to ensure that 3. Support of Diversity: Proposals Final awards cannot be made until their entire applications have been should demonstrate substantive support funds have been appropriated by uploaded to the grants.gov site. of the Bureau’s policy on diversity. Congress, allocated and committed Applications uploaded to the site after Achievable and relevant features should through internal Bureau procedures. midnight of the application deadline be cited in both program administration Successful applicants will receive an date will be automatically rejected by (selection of participants, host Assistance Award Document (AAD) the grants.gov system, and will be institutions chosen through sub-grants, from the Bureau’s Grants Office. The technically ineligible. and program evaluation) and program AAD and the original grant proposal Applicants will receive a content, resource materials and follow- with subsequent modifications (if confirmation e-mail from grants.gov up activities. applicable) shall be the only binding upon the successful submission of an 4. Institutional Capacity and Record: authorizing document between the application. ECA will not notify you Proposals should demonstrate an recipient and the U.S. Government. The upon receipt of electronic applications. institutional record of successful IV.3g. Intergovernmental Review of AAD will be signed by an authorized exchange programs, including Grants Officer, and mailed to the Applications: Executive Order 12372 responsible fiscal management and full does not apply to this program. recipient’s responsible officer identified compliance with all reporting in the application. V. Application Review Information requirements for past Bureau grants as determined by Bureau Grants Staff. Unsuccessful applicants will receive V.1. Review Process Proposed personnel and institutional notification of the results of the The Bureau will review all proposals resources should be adequate and application review from the ECA for technical eligibility. Proposals will appropriate to achieve the program’s program office coordinating this be deemed ineligible if they do not fully goals. competition.

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VI.2. Administrative and National inquiries or submitting proposals. Once which provides an overview of the key Policy Requirements the RFGP deadline has passed, Bureau tasks associated with the CDLIS Terms and Conditions for the staff may not discuss this competition Modernization project, and will result Administration of ECA agreements with applicants until the proposal in a system that satisfies the criteria include the following: review process has been completed. specified in section 4123 of SAFETEA– Notice: The terms and conditions LU. Office of Management and Budget Circular published in this RFGP are binding and DATES: The dates associated with this A–122, ‘‘Cost Principles for Nonprofit may not be modified by any Bureau effort assume that a grant will be Organizations.’’ representative. Explanatory information Office of Management and Budget Circular awarded by FMCSA to the American A–21, ‘‘Cost Principles for Educational provided by the Bureau that contradicts Association of Motor Vehicle Institutions.’’ published language will not be binding. Administrators (AAMVA) so that the OMB Circular A–87, ‘‘Cost Principles for Issuance of the RFGP does not CDLIS Modernization effort can begin in State, Local and Indian Governments’’. constitute an award commitment on the May 2006. Under this plan, all States OMB Circular No. A–110 (Revised), Uniform part of the Government. The Bureau will implement the modernized CDLIS Administrative Requirements for Grants reserves the right to reduce, revise, or software by December 2010. However, and Agreements with Institutions of Higher increase proposal budgets in accordance FMCSA will adjust dates and project Education, Hospitals, and other Nonprofit with the needs of the program and the activities based on actual funds Organizations. availability of funds. Awards made will appropriated and other needs identified OMB Circular No. A–102, Uniform Administrative Requirements for Grants-in- be subject to periodic reporting and during the course of the project. Aid to State and Local Governments. evaluation requirements per section VI.3 FOR FURTHER INFORMATION CONTACT: OMB Circular No. A–133, Audits of States, above. Dominick Spataro, Division Chief, Local Government, and Non-profit Dated: April 21, 2006. Commercial Driver’s License (CDL) Organizations. C. Miller Crouch, Division (MC–ESL), 400 Seventh Street Please reference the following Web Principal Deputy Assistant Secretary, Bureau SW., Washington, DC 20590. Telephone: sites for additional information: of Educational and Cultural Affairs, (202) 366–2995. E-mail: http://www.whitehouse.gov/omb/grants. Department of State. [email protected]. http://exchanges.state.gov/education/ [FR Doc. 06–4122 Filed 5–1–06; 8:45 am] SUPPLEMENTARY INFORMATION: grantsdiv/terms.htm#articleI. BILLING CODE 4710–05–P Key Tasks VI.3. Reporting Requirements: You must provide ECA with a hard copy 1. Systems Analysis original plus one copy of the following DEPARTMENT OF TRANSPORTATION FMCSA estimates that the systems reports: analysis stage will take approximately Federal Motor Carrier Safety Quarterly financial reports; Annual one year to complete. This initial stage Administration program reports for the first and second is composed of the following phases: year of the agreement; and final program and financial reports no more than 90 Commercial Driver’s License Project Definition/Solution Planning days after the expiration of the award. Information System (CDLIS) Phase (May 2006–July 2006) Modernization Plan The cooperating institution will be AAMVA will prepare a required to provide reports analyzing AGENCY: Federal Motor Carrier Safety comprehensive project definition as a their evaluation findings to the Bureau Administration (FMCSA), DOT. deliverable of this phase. The CDLIS in their regular program reports. (Please ACTION: Notice. Modernization stakeholders will be refer to IV. Application and Submission representatives from the States, FMCSA, Instructions (IV.3.d.3) above for Program SUMMARY: The Federal Motor Carrier other government agencies, the motor Monitoring and Evaluation information. Safety Administration (FMCSA) plans to carrier industry, law enforcement, All data collected, including survey modernize the Commercial Driver’s Canada, Mexico, and AAMVA, and will responses and contact information, must License Information System (CDLIS) in be invited to participate throughout the be maintained for a minimum of three response to Title IV (Motor Carrier process. This participation is crucial as years and provided to the Bureau upon Safety Reauthorization Act of 2005) of stakeholder input will help to identify request. the Safe, Accountable, Flexible, existing problems, and develop and All reports must be sent to the ECA Efficient Transportation Equity Act: a implement needed improvements. Grants Officer and ECA Program Officer Legacy for Users (SAFETEA–LU), which Systems analysts will prepare and then listed in the final assistance award was signed into law on August 10, 2005. review the project definition report document. As required by SAFETEA–LU, the before publishing a final draft version. modernization plan must: (a) Comply AAMVA will deliver the final draft to VII. Agency Contacts with applicable Federal information the key project stakeholders for review. For questions about this technology security standards; (b) AAMVA will then deliver the final draft announcement, contact: Michael Kuban, provide for the electronic exchange of to FMCSA representatives for review Office of Global Educational Programs, all information, including posting of and approval. ECA/A/S/X, Room 349, U.S. Department convictions; (c) contain self-auditing During the Project Definition/Solution of State, SA–44, 301 4th Street, SW., features to ensure that data is being Planning phase, AAMVA will develop Washington, DC 20547, telephone: 202– posted correctly and consistently by the the master project plan and outline the 453–8878, fax 202–453–8890, States; (d) integrate the commercial project tasks and sub-tasks at a detailed [email protected]. driver’s license and medical certificate; level. AAMVA will evaluate timelines All correspondence with the Bureau and (e) provide a schedule for and other factors and assign resources. concerning this RFGP should reference modernization of the system. AAMVA will create a master project the title and number ECA/A/S/X–06–13. SAFETEA–LU authorizes a total of $28 plan in Microsoft Project and deliver it Please read the complete Federal million (FY 2006–2009) to carry out this to the key stakeholders. AAMVA will Register announcement before sending project. This notice publishes the plan establish one or more Working Groups

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(WG) in this phase based on the meetings, forums, conference calls, and External (Technical) Design Phase approach. The Project Definition/ site visits involving the users and (December 2006–June 2007) Solution Planning Phase will result in stakeholders of the existing CDLIS. During this stage, functional the project kickoff meeting and AAMVA will take advantage of the specifications will be transformed into a refinements to the project definition following meetings in 2006 to pursue comprehensive technical design. report and the master project plan. CDLIS modernization requirements: • AAMVA will develop the technical AAMVA Regional Meetings— design for the modernized CDLIS Requirements Definition Phase (May Summer 2006. AAMVA is organized Central Site and teams working at the 2006–February 2007) geographically into four regions. Each State level will address the technical The Requirements Definition Phase region meets annually to discuss major design for those systems that will need will establish the foundation of the issues and share solutions to common to support and interface with the project. During this phase, the business problems. The membership includes modernized CDLIS. Technical requirements will be evaluated and technical specialists, and law programmers at the central site and documented. These include: enforcement and State driver licensing State level will use these specifications Requirements for modernized CDLIS administrators and representatives. processes and reporting, the technical • CDL Coordinator’s Meeting—Fall to produce the software that will environment, business rules, 2006. This is a gathering of State constitute the modernized CDLIS. procedures, performance indices, representatives who work directly with Procedure Design Phase (July 2007– interfaces with third party applications, CDLIS and have responsibility for the December 2007) and the impact on State systems oversight of CDL programs within their In parallel with the External supporting CDLIS. The requirements States. The group includes driver (Technical) Design phase, the functional will specify that the CDLIS program take licensing representatives, technical specifications will be evaluated to into consideration and address specialists, and law enforcement. address those aspects of a modernized SAFETEA–LU provisions, specifically • CDLIS Modernization Conference CDLIS that do not involve automated that the program: (a) Complies with Calls—Ongoing. As requirements are computer-based code. This pertains to applicable Federal information identified, AAMVA will conduct the business procedures that support all technology security standards; (b) conference calls to inform the States and provides for the electronic exchange of solicit feedback regarding the impact of of the activities involved in managing all information, including posting of the requirements. These will begin as the Commercial Drivers Licensing convictions; (c) contains self-auditing monthly calls in May 2006 and then program at the State and Federal level. features to ensure that data is being increase in frequency to biweekly calls As the modernized CDLIS is deployed, posted correctly and consistently by the and weekly calls as needed. stakeholders will need to alter their States; and (d) integrates the commercial • CDLIS Modernization Working business procedures to take advantage driver’s license and medical certificate. Group—Ongoing. The Working Group of the capabilities and support provided The requirements will also incorporate formed during the Project Definition/ by a modernized CDLIS. recommendations from the baseline Solution Planning Phase will meet 2. States to Apply for Federal Grants audit of the current CDLIS information weekly by conference call and (2007–2009) system, which is required by section bimonthly for face-to-face meetings. The The functional specifications and 4123 of SAFETEA–LU, and will seek to conference calls and meetings of the external and procedure designs that incorporate findings and Working Group will continue result from the system analysis phase recommendations from the Commercial throughout the duration of the project. will be provided to the States. This will Driver’s License task force required to AAMVA will develop a help them determine the scope of the be convened by the Secretary under comprehensive requirements definition functional enhancements or changes to section 4135 of SAFETEA–LU. This task document and deliver it to the key their respective applications with force will study and address current stakeholders as the major deliverable reference to the CDLIS modernization impediments and foreseeable challenges from this phase. project. Based on the level of effort to the commercial driver’s license Functional Specifications Phase program’s effectiveness and measures required for the CDLIS modernization (November 2006–April 2007) needed to realize the full safety project, States may be reimbursed by potential of the commercial driver’s As the business requirements FMCSA for as much as 80 percent of the license program. gathering and documentation nears FMCSA-approved, eligible costs. Requirements for CDLIS completion, AAMVA will begin 3. Programming modernization will be gathered by developing the functional specifications different activities involving the for a modernized CDLIS. AAMVA will Central Site Programming (March 2007– stakeholders and existing CDLIS users. use the business requirements captured February 2009) The goal is to address known issues and during the Requirements Definition During this stage, AAMVA will problems with the existing CDLIS phase and transform each into a develop the software for the modernized environment and implement the functional specification for a CDLIS Central Site. The main tasks of enhancements mandated by Congress. modernized CDLIS. These functional the programming stage at all levels This will create a modernized CDLIS specifications provide details regarding include coding, unit testing, and that supports FMCSA’s goals to increase the requirements for the functions of the integration testing. Coding involves highway safety and reduce fatalities CDLIS Central Site and also the programmers writing the code to through improved oversight of dependent functions for State systems implement the logic that will provide commercial drivers. Specifically, the supporting CDLIS. The functional the functionality of the modernized modernized system will facilitate the specifications provide direction to the CDLIS. The programmer will conduct exchange of commercial driver’s license technical teams at AAMVA and the unit testing to ensure that the code information among State driver’s States to guide them with the technical satisfies the requirements and technical licensing agencies, law enforcement, designs to transition the existing CDLIS design as specified. Integration testing and FMCSA. AAMVA will conduct into a modernized system. will ensure that the components of the

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system, produced by multiple State. AAMVA and State personnel will Conference of State Legislatures, and the programmers, function properly work together to execute the structured National Governors Association to together and in accordance with the test cases and to monitor the results. request their participation in reviewing specifications. The central site After a State completes the required the modernization plan. The national programming is expected to take structured testing, its code can become organizations expanded the consultative between two and three years to part of the modernized CDLIS and review process by sharing our plan complete. environment. All States are projected to with their membership. Comments have completed structured testing and State Application Programming (June received were supportive of our efforts to be operational in the modernized 2007–March 2009) and plan. CDLIS production environment by Issued on: April 26, 2006. In parallel to the central site December 2010. programming, the States will initiate Warren E. Hoemann, their programming effort to incorporate 7. Network Upgrade To Provide Acting Administrator. the newly added or modified CDLIS Encryption (May 2006–April 2009) [FR Doc. E6–6598 Filed 5–1–06; 8:45 am] business functions into their The original CDLIS was developed BILLING CODE 4910–EX–P applications. Each State will be when computer technology was much responsible for developing and less sophisticated and the methods and executing its own project plan at all techniques of those seeking to illegally DEPARTMENT OF TRANSPORTATION levels (that is, coding, unit testing, access or damage data systems were less integration testing, etc.) of the CDLIS advanced. A modernized CDLIS must Maritime Administration modernization project. include additional precautions to Reports, Forms and Recordkeeping safeguard its operation and to ensure Note: Duration for the application Requirements; Agency Information that the data it manages is not programming will vary from State to State. Collection Activity Under OMB Review The plan uses approximately four years as compromised. This task covers the the overall duration for all of the States to activity needed to provide encryption of AGENCY: Maritime Administration, DOT. complete the application programming. the data traveling across the network as ACTION: Notice and request for it is communicated from State to State comments. 4. Acceptance Testing (June 2007– in the normal operation of CDLIS. March 2009) SUMMARY: 8. Grant Management (2007–2010) In compliance with the As the integration testing in the Paperwork Reduction Act of 1995 (44 programming stage nears completion, Modernizing CDLIS at the State level U.S.C. 3501 et seq.), this notice AAMVA will begin formal acceptance requires time, resources, and budgetary announces that the Information testing of the software for the support. States can submit a plan to Collection abstracted below has been modernized CDLIS Central Site. In FMCSA to identify the scope of the forwarded to the Office of Management parallel with this activity at the central activity at the State level required to and Budget (OMB) for review and site, States will conduct acceptance modernize CDLIS and to quantify the approval. The nature of the information testing of the code at the State level to amount of assistance required. collection is described as well as its support the modernized CDLIS. The Following approval, FMCSA will expected burden. The Federal Register States will execute specific test manage the invoicing and notice with a 60-day comment period scenarios to ensure that the CDLIS reimbursement activity associated with soliciting comments on the following Central Site functions in accordance the States accomplishing their plans for collection of information was published with the specifications. modernizing CDLIS. on February 8, 2006. No comments were received. 5. Develop State-Structured Test Plans 9. Consultation With Safety (October 2008–March 2009) Representatives DATES: Comments must be submitted on or before June 1, 2006. States will complete coding and SAFETEA–LU specifies that in FOR FURTHER INFORMATION CONTACT: Mr. testing at the State level, but this code developing the plan, FMCSA will Taylor E. Jones II, Maritime will need to undergo structured testing consult with representatives of the Administration, 400 Seventh Street, by AAMVA before it can be placed into motor carrier industry, State licensing the modernized CDLIS environment. agencies, and State safety enforcement SW., Washington, DC 20590. Telephone: This ensures that a State’s code works agencies. Consistent with this 202–366–3423; FAX: 202–366–3128; or properly according to the specifications requirement, FMCSA has worked e-Mail: [email protected]. Copies of and prevents the possibility of faulty closely with AAMVA to develop this this collection also can be obtained from State code disrupting the entire CDLIS plan and will request its assistance in that office. environment. Structured testing is a managing the project. Additionally, SUPPLEMENTARY INFORMATION: Maritime series of test cases designed by AAMVA FMCSA has contacted a variety of Administration (MARAD). that a State must successfully execute in interested safety representatives, Title: Request for Transfer of order to have its code certified for including the Commercial Vehicle Ownership, Registry, and Flag, or production. This activity covers the Safety Alliance, International Charter, Lease, or Mortgage of U.S.– design of the test cases and data by Registration Plan, Inc., International Citizen Owned Documented Vessels. AAMVA to support structured testing. Association of Chiefs of Police, New OMB Control Number: 2133–0006. York State Department of Motor Type Of Request: Extension of 6. State-Structured Testing (March Vehicles, International Brotherhood of currently approved collection. 2009–December 2010) Teamsters, American Trucking Affected Public: Vessel owners who This activity is the implementation of Associations, Owner-Operator have applied for foreign transfer of U.S.- the State-structured test plans Independent Drivers Association, flag vessels. developed in the previous activity. It National Tank Truck Carriers, Inc., Forms: MA–29, MA–29A, MA–29B includes the actual structured testing of American Bus Association, United (Note: MA–29A is used only in cases of their modernized CDLIS code by each Motorcoach Association, National a National emergency).

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Abstract: This collection provides approval. The nature of the information (Authority: 49 CFR 1.66) information necessary for MARAD to collection is described as well as its Issued in Washington, DC on April 27, approve the sale, transfer, charter, lease, expected burden. The Federal Register 2006. or mortgage of U.S. documented vessels Notice with a 60-day comment period Joel C. Richard, to non-citizens, or the transfer of such soliciting comments on the following Secretary, Maritime Administration. vessels to foreign registry and flag, or collection of information was published [FR Doc. E6–6627 Filed 5–1–06; 8:45 am] the transfer of foreign flag vessels by on February 13, 2006. No comments BILLING CODE 4910–81–P their owners as required by various were received. contractual requirements. The DATES: Comments must be submitted on information will enable MARAD to or before June 1, 2006. DEPARTMENT OF TRANSPORTATION determine whether the vessel proposed FOR FURTHER INFORMATION CONTACT: for transfer will initially require Taylor E. Jones II, Maritime Surface Transportation Board retention under the U.S.-flag statutory Administration 400 Seventh Street, SW., [STB Finance Docket No. 34866] regulations. Washington, DC 20590. Telephone: Annual Estimated Burden Hours: 200 202–366–2323; FAX: 202–493-2180 or e- Union Pacific Railroad Company— hours. mail: [email protected]. Addresses: Send comments to the Temporary Trackage Rights Copies of this collection also can be Exemption—the Kansas City Southern Office of Information and Regulatory obtained from that office. Affairs, Office of Management and Railway Company SUPPLEMENTARY INFORMATION: Maritime Budget, 725 17th Street, NW., Pursuant to a written trackage rights Washington, DC 20503, Attention Administration (MARAD). Title: Voluntary Intermodal Sealift agreement dated April 12, 2006, the MARAD Desk Officer. Agreement (VISA). Kansas City Southern Railway Company Comments Are Invited On: (a) (KCS) has agreed to grant temporary Whether the proposed collection of OMB Control Number: 2133–0532. Type Of Request: Extension of overhead trackage rights to Union information is necessary for the proper currently approved collection. Pacific Railroad Company (UP) between performance of the functions of the Affected Public: Operators of dry milepost 482.0 on KCS’s Mexico agency, including whether the cargo vessels. Subdivision at Kansas City, MO, and information will have practical utility; Form (s): MA–1020. milepost 252.1 on KCS’s East St. Louis (b) the accuracy of the agency’s estimate Abstract: This information collection Terminal Subdivision at Godfrey, IL, a of the burden of the proposed is in accordance with Section 708, distance of approximately 285 miles. information collection; (c) ways to Defense Production Act, 1950, as The transaction was scheduled to be enhance the quality, utility and clarity amended, under which participants consummated on April 19, 2006, and of the information to be collected; and agree to provide commercial sealift the temporary trackage rights are (d) ways to minimize the burden of the capacity and intermodal shipping intended to expire on or about July 31, collection of information on services and systems necessary to meet 2006. The temporary trackage rights will respondents, including the use of national defense requirements. Officials facilitate maintenance work on UP lines. automated collection techniques or at the Maritime Administration and the As a condition to this exemption, any other forms of information technology. Department of Defense use this employees affected by the acquisition of A comment to OMB is best assured of information to assess the applicants’ the temporary trackage rights will be having its full effect if OMB receives it eligibility for participation in the VISA protected by the conditions imposed in within 30 days of publication. program. Norfolk and Western Ry. Co.—Trackage (Authority: 49 CFR 1.66) Annual Estimated Burden Hours: 200 Rights—BN, 354 I.C.C. 605 (1978), as Issued in Washington, DC, on April 27, hours. modified in Mendocino Coast Ry., Inc.— 2006. ADDRESSES: Send comments to the Lease and Operate, 360 I.C.C. 653 Joel C. Richard, Office of Information and Regulatory (1980), and any employees affected by Secretary, Maritime Administration. Affairs, Office of Management and the discontinuance of those trackage [FR Doc. E6–6626 Filed 5–1–06; 8:45 am] Budget, 725 17th Street, NW., rights will be protected by the BILLING CODE 4910–81–P Washington, DC 20503, Attention conditions set out in Oregon Short Line MARAD Desk Officer. R. Co.—Abandonment—Goshen, 360 Comments are Invited On: (a) I.C.C. 91 (1979). DEPARTMENT OF TRANSPORTATION Whether the proposed collection of This notice is filed under 49 CFR information is necessary for the proper 1180.2(d)(8). If it contains false or Maritime Administration performance of the functions of the misleading information, the exemption agency, including whether the is void ab initio. Petitions to revoke the Reports, Forms and Recordkeeping information will have practical utility; exemption under 49 U.S.C. 10502(d) Requirements; Agency Information (b) the accuracy of the agency’s estimate may be filed at any time. The filing of Collection Activity Under OMB Review of the burden of the proposed a petition to revoke will not AGENCY: Maritime Administration, DOT. information collection; (c) ways to automatically stay the transaction. ACTION: Notice and request for enhance the quality, utility and clarity An original and 10 copies of all comments. of the information to be collected; and pleadings, referring to STB Finance (d) ways to minimize the burden of the Docket No. 34866, must be filed with SUMMARY: In compliance with the collection of information on the Surface Transportation Board, 1925 Paperwork Reduction Act of 1995 (44 respondents, including the use of K Street, NW., Washington, DC 20423– U.S.C. 3501 et seq.), this notice automated collection techniques or 0001. In addition, a copy of each announces that the Information other forms of information technology. pleading must be served on Gabriel S. Collection abstracted below has been A comment to OMB is best assured of Meyer, Assistant General Attorney, 1400 forwarded to the Office of Management having its full effect if OMB receives it Douglas Street, STOP 1580, Omaha, NE and Budget (OMB) for review and within 30 days of publication. 68179.

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Board decisions and notices are and Budget, Room 10235, New the Secretary of the Treasury and the available on our Web site at http:// Executive Office Building, Washington, head of the Office of the Comptroller of www.stb.dot.gov. DC 20503. the Currency; the Office of Thrift Supervision; the Federal Reserve; the Decided: April 24, 2006. Michael A. Robinson, Federal Deposit Insurance Corporation; By the Board, David M. Konschnik, Treasury PRA Clearance Officer. Director, Office of Proceedings. the National Credit Union [FR Doc. E6–6552 Filed 5–1–06; 8:45 am] Vernon A. Williams, Administration; the Securities and BILLING CODE 4810–25–P Exchange Commission; the Departments Secretary. of Education, Agriculture, Defense, [FR Doc. E6–6534 Filed 5–1–06; 8:45 am] Health and Human Services, Housing BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY and Urban Development, Labor, and Open Meeting of the Financial Literacy Veterans Affairs; the Federal Trade and Education Commission Commission; the General Services DEPARTMENT OF THE TREASURY Administration; the Small Business AGENCY: Departmental Offices, Treasury. Administration; the Social Security Submission for OMB Review; ACTION: Notice of open meeting. Administration; the Commodity Futures Comment Request Trading Commission; and the Office of SUMMARY: This notice announces a April 25, 2006. Personnel Management. The meeting of the Financial Literacy and Commission is required to hold The Department of the Treasury has Education Commission, established by submitted the following public meetings that are open to the public the Financial Literacy and Education every four months, with its first meeting information collection requirement(s) to Improvement Act (Title V of the Fair OMB for review and clearance under the occurring within 60 days of the and Accurate Credit Transactions Act of enactment of the FACT Act. The FACT Paperwork Reduction Act of 1995, 2003). Public Law 104–13. Copies of the Act was enacted on December 4, 2003. DATES: submission(s) may be obtained by The eighth meeting of the The eighth meeting of the calling the Treasury Bureau Clearance Financial Literacy and Education Commission, which will be open to the Officer listed. Comments regarding this Commission will be held on Tuesday, public, will be held in the Cash Room information collection should be May 16, 2006, beginning at 10:30 a.m. at the Department of the Treasury, addressed to the OMB reviewer listed ADDRESSES: The Financial Literacy and located at 1500 Pennsylvania Ave., and to the Treasury Department Education Commission meeting will be Washington, DC. The room will Clearance Officer, Department of the held in the Cash Room at the accommodate 80 members of the public. Treasury, Room 11000, 1750 Department of the Treasury, located at Seating is available on a first-come Pennsylvania Avenue, NW., 1500 Pennsylvania Ave., Washington, basis. Participation in the discussion at Washington, DC 20220. DC. To be admitted to the Treasury the meeting will be limited to building, an attendee must RSVP by Commission members, their staffs, and DATES: Written comments should be providing his or her name, organization, received on or before June 1, 2006 to be special guest presenters. phone number, date of birth, Social assured of consideration. Dated: April 18, 2006. Security number and country of Dan Iannicola, Jr., Federal Consulting Group citizenship to the Department of the Treasury by e-mail at: Deputy Assistant Secretary for Financial OMB Number: 1505–0191. Education. Type of Review: Extension. [email protected], or by telephone at: (202) 622–1783 (not a toll-free [FR Doc. E6–6553 Filed 5–1–06; 8:45 am] Title: American Customer Satisfaction BILLING CODE 4810–37–P Index. number) not later than 5 p.m. on Description: The objectives of Wednesday, May 10, 2006. surveying citizen users of Federal FOR FURTHER INFORMATION CONTACT: For DEPARTMENT OF THE TREASURY Agencies as part of the American additional information, contact Tom Customer Satisfaction Index are (1) to Kurek by e-mail at: Alcohol and Tobacco Tax and Trade make the agencies part of a national [email protected] or by Bureau measure of customer satisfaction; (2) to telephone at (202) 622–5770 (not a toll benchmark against other agencies and free number). Additional information Proposed Information Collections; companies; and (3) to provide regarding the Financial Literacy and Comment Request information for improving customer Education Commission and the Department of the Treasury’s Office of AGENCY: Alcohol and Tobacco Tax and satisfaction. Trade Bureau (TTB), Treasury. Respondents: Individuals and Financial Education may be obtained households; Business or other-for-profit; through the Office of Financial ACTION: Notice and request for Not-for-profit institutions; Farms, Education’s Web site at: http:// comments. Federal Government and State, Local or www.treas.gov/financialeducation. SUMMARY: As part of our continuing Tribal Govt. SUPPLEMENTARY INFORMATION: The effort to reduce paperwork and Estimated Number of Respondents: Financial Literacy and Education respondent burden, and as required by 117,000. Improvement Act, which is Title V of the Paperwork Reduction Act of 1995, Estimated Total Reporting Burden: the Fair and Accurate Credit we invite comments on the proposed or 23,400 hours. Transactions Act of 2003 (the ’’FACT continuing information collections Clearance Officer: Ron Oberbillig, Act’’) (Pub. L. 108–159), established the listed below in this notice. (202) 504–3656, Federal Consulting Financial Literacy and Education Group, 1799 9th Street, NW., Commission (the ’’Commission’’) to DATES: We must receive your written Washington, DC 20239. improve financial literacy and comments on or before July 3, 2006. OMB Reviewer: Alexander T. Hunt, education of persons in the United ADDRESSES: You may send comments to (202) 395–7316, Office of Management States. The Commission is composed of Mary A. Wood, Alcohol and Tobacco

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Tax and Trade Bureau, at any of these Information Collections Open for Estimated Total Annual Burden addresses: Comment Hours: 810. • P.O. Box 14412, Washington, DC Currently, we are seeking comments Title: Bonded Wineries—Formula and 20044–4412; on the following information Process for Wine, Letterhead • 202–927–8525 (facsimile); or collections: Applications and Notices Relating to • [email protected] (e-mail). Formula Wine. Title: Authorization to Furnish OMB Number: 1513–0010. Please send separate comments for Financial Information and Certificate of each specific information collection TTB Form Number: 5120.29. Compliance. Abstract: TTB F 5120.29 is used to listed below. You must reference the OMB Number: 1513–0004. determine the classification of wines for information collection’s title, form TTB Form Number: 5030.6. number, and OMB number (if any) in Abstract: The Right to Financial labeling and consumer protection. The your comment. If you submit your Privacy Act of 1978 limits access to form describes the person filing, type of comment via facsimile, send no more records held by financial institutions product to be made, and restrictions to than five 8.5 x 11 inch pages in order and provides for certain procedures to the labeling and manufacturing of wine. to ensure electronic access to our gain access to the information. TTB F The form is also used to audit a product. Current Actions: There are no changes equipment. 5030.6 serves as both a customer to this information collection and it is authorization for TTB to receive FOR FURTHER INFORMATION CONTACT: To being submitted for extension purposes information and as the required obtain additional information, copies of only. the information collection and its certification to the financial institution. Current Actions: There are no changes Type of Review: Extension. instructions, or copies of any comments Affected Public: Business or other for- received, contact Mary A. Wood, to this information collection and it is being submitted for extension purposes profit. Alcohol and Tobacco Tax and Trade Estimated Number of Respondents: Bureau, P.O. Box 14412, Washington, only. Type of Review: Extension. 600. DC 20044–4412; or telephone 202–927– Estimated Total Annual Burden 8210. Affected Public: Business or other for- profit. Hours: 1,200. SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: Title: Power of Attorney. Request for Comments 2,000. OMB Number: 1513–0014. Estimated Total Annual Burden TTB Form Number: 5000.8. The Department of the Treasury and Hours: 500. Abstract: TTB F 5000.8 delegates the its Alcohol and Tobacco Tax and Trade Title: Application to Establish and authority to a specific individual to sign Bureau, as part of their continuing effort Operate Wine Premises and Wine Bond. documents on behalf of an applicant or to reduce paperwork and respondent OMB Number: 1513–0009. a principal. 26 U.S.C. 6061 authorizes burden, invite the general public and TTB Form Numbers: 5120.25 and that individuals signing returns, other Federal agencies to comment on 5120.36. statements, or other documents required the proposed and continuing Abstract: TTB F 5120.25 is the form to be filed by industry members under information collections listed below in used to establish the qualifications of an the provisions of the Internal Revenue this notice, as required by the applicant applying to establish and Code (IRC) or the Federal Alcohol Paperwork Reduction Act of 1995 (44 operate wine premises. The applicant Administration (FAA) Act are to have U.S.C. 3501 et seq.). certifies the intention to produce and/or that authority on file with TTB. Comments submitted in response to store a specified amount of wine and Current Actions: There are changes to this notice will be included or take certain precautions to protect it this information collection, and it is summarized in our request for Office of from unauthorized use. TTB F 5120.36, being submitted to revise a currently Management and Budget (OMB) Wine Bond, is the form used by the approved collection. Specifically, TTB approval of the relevant information proprietor and a surety company as a is revising this information collection by collection. All comments are part of the contract to ensure the payment of the deleting item 15C, Declaration, and public record and subject to disclosure. wine excise tax. adding a request for a phone number in Please do not include any confidential Current Actions: There are changes to items 3 and 6. or inappropriate material in your this information collection, and it is Type of Review: Revision of a comments. being submitted to revise a currently currently approved collection. We invite comments on: (a) Whether approved collection. Specifically, TTB Affected Public: Business or other for- this information collection is necessary is changing TTB F 5120.36, Wine Bond. profit. for the proper performance of the We are adding several new fields to Estimated Number of Respondents: agency’s functions, including whether make this form suitable for collateral 5,000. the information has practical utility; (b) and surety bonds. Essentially, you will Estimated Total Annual Burden the accuracy of the agency’s estimate of be providing the same information that Hours: 3,000. the information collection’s burden; (c) we required before for each type of Title: Application for an Industrial ways to enhance the quality, utility, and bond, but in addition, we have added a Alcohol User Permit and Industrial clarity of the information collected; (d) field for an Employer Identification Alcohol Bond. ways to minimize the information Number (EIN), a Bond Category, a Bond OMB Number: 1513–0028. collection’s burden on respondents, Number, Collateral Type, and Treasury TTB Form Numbers: 5150.22 and including through the use of automated and cash information. 5150.25. collection techniques or other forms of Type of Review: Revision of a Abstract: TTB F 5150.22 is used to information technology; and (e) currently approved collection. determine the eligibility of the applicant estimates of capital or start-up costs and Affected Public: Business or other for- to engage in certain operations and the costs of operation, maintenance, and profit. extent of the operations for the purchase of services to provide the Estimated Number of Respondents: production and distribution of specially requested information. 1,720. denatured spirits (alcohol/rum). This

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form identifies the location of the requirements are for persons who wish distillation of distilled spirits to protect premises and establishes whether the to establish distilled spirits plant the revenue and to provide for premises will be in conformity with the operations. However, both statutes and identification of distillers. Federal laws and regulations. TTB F regulations allow variances from Current Actions: There are no changes 5150.25 provides notification that regulations, and this information gives to this information collection and it is sufficient bond coverage has been data to permit a variance. being submitted for extension purposes obtained prior to the issuance of a Current Actions: There are no changes only. permit. to this information collection and it is Type of Review: Extension. Current Actions: There are changes to being submitted for extension purposes Affected Public: Business or other for- this information collection, and it is only. profit. being submitted to revise a currently Type of Review: Extension. Estimated Number of Respondents: approved collection. We are deleting Affected Public: Business or other for- 10. TTB F 5150.25, Industrial Alcohol profit. Estimated Total Annual Burden Bond, from this information collection, Estimated Number of Respondents: Hours: 21. which will reduce the burden hours. We 328. Title: Stills—Retail Liquor Dealers no longer require an applicant to file an Estimated Total Annual Burden Records of Receipts of Alcoholic Industrial Alcohol Bond in order to Hours: 1,620. Beverages and Commercial Invoices. obtain an Industrial Alcohol User Title: Letterhead Applications and OMB Number: 1513–0066. Permit. Also, we are making minor Notices Relating to Wine. TTB Record Number: 5170/3. changes to TTB F 5150.22, Application OMB Number: 1513–0057. Abstract: The primary objective of for an Industrial Alcohol User Permit, TTB Record Number: 5120/2. this recordkeeping requirement is such as updating the contact Abstract: Letterhead applications and revenue protection, by making information and correcting the burden notices relating to wine are required to accountability data available for audit hours in the Paperwork Reduction Act ensure that the intended activity will purposes. Another objective is Notice statement on the form. not jeopardize the revenue or defraud consumer protection, by affording the Type of Review: Revision of a consumers. subject record traceability of alcoholic Current Actions: There are no changes currently approved collection. beverages to the retail liquor dealer level to this information collection and it is Affected Public: Business or other for- of distribution in the event of defective being submitted for extension purposes profit. products. The record retention only. Estimated Number of Respondents: requirement for this information 738. Type of Review: Extension. Affected Public: Business or other for- collection is 3 years. Estimated Total Annual Burden Current Actions: There are no changes Hours: 1,476. profit. Estimated Number of Respondents: to this information collection and it is Title: Distilled Spirits Records and 1,650. being submitted for extension purposes Monthly Report of Production Estimated Total Annual Burden only. Operations. Hours: 825. Type of Review: Extension. OMB Number: 1513–0047. Affected Public: Business or other for- Title: Letterhead Applications and TTB Form Number: 5110.40. profit and State, local or tribal Notices Relating to Tax-Free Alcohol. government. TTB Record Number: 5110/01. OMB Number: 1513–0060. Abstract: The information collected is TTB Record Number: 5150/4. Estimated Number of Respondents: used to account for proprietor’s tax Abstract: Tax-free alcohol is used for 455,000. liability, adequacy of bond coverage and non-beverage purposes by educational Estimated Total Annual Burden protection of the revenue. The organizations, hospitals, laboratories, Hours: 455,000. information also provides data to etc., in scientific research and for Title: Wholesale Dealers Applications, analyze trends in the industry, and medicinal purposes. Permits/ Letterheads, and Notices Relating to helps to plan efficient allocation of field Applications control the authorized Operations. (Variations in Format or resources, audit plant operations and uses and flow of tax-free alcohol. TTB Preparation of Records). compile statistics for government Letterhead Applications and Notices are OMB Number: 1513–0067. economic analysis. designed to protect tax revenue and TTB Record Number: 5170/6. Current Actions: There are no changes public safety. Abstract: This recordkeeping to this information collection and it is Current Actions: There are no changes requirement pertains only to those being submitted for extension purposes to this information collection and it is wholesale liquor and beer dealers only. being submitted for extension purposes submitting applications for a variance Type of Review: Extension. only. from the regulations dealing with Affected Public: Business or other for- Type of Review: Extension. preparation, format, type, or place of profit. Affected Public: Not-for-profit retention of records of receipt or Estimated Number of Respondents: institutions, Federal, State, Local or disposition for alcoholic beverages. 150. Tribal governments. Current Actions: There are no changes Estimated Total Annual Burden Estimated Number of Respondents: to this information collection and it is Hours: 3,600. 4,444. being submitted for extension purposes Title: Miscellaneous Requests and Estimated Total Annual Burden only. Notices for Distilled Spirits Plants. Hours: 2,222. Type of Review: Extension. OMB Number: 1513–0048. Title: Stills—Notices, Registration, Affected Public: Business or other for- TTB Form Number: 5110.41. and Records. profit. Abstract: The information provided OMB Number: 1513–0063. Estimated Number of Respondents: by the applicants assists TTB in TTB Record Number: 5150/8. 1,029. determining eligibility and provides for Abstract: This information collection Estimated Total Annual Burden registration. These eligibility is used to account for and regulate the Hours: 515.

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Title: Airlines Withdrawing Stock These recordkeeping requirements are Title: Information Collected in from Customs Custody. for the verification of claims for Support of Small Producer’s Wine Tax OMB Number: 1513–0074. drawback of distilled spirits excise tax Credit. TTB Record Number: 5620/2. paid on non-beverage products. OMB Number: 1513–0104. Abstract: Airlines may withdraw tax Current Actions: There are no changes TTB Record Number: 5120/11. exempt distilled spirits, wine and beer to this information collection and it is Abstract: TTB is responsible for the from Customs custody for foreign being submitted for extension purposes collection of the excise tax on wines. flights. The required record shows the only. Certain small wine producers are amount of spirits and wine withdrawn, Type of Review: Extension. eligible for a credit which may be taken flight identification, and Customs Affected Public: Business or other for- to reduce the tax they pay on wines certification. The record enables TTB to profit. removed from their own premises. The verify that tax is not due, allows spirits Estimated Number of Respondents: information is used by taxpayers in and wines to be traced, maintains 20. preparing their returns and by TTB to accountability, and protects tax revenue. Estimated Total Annual Burden verify tax computation. This collection of information is Hours: 120. Current Actions: There are no changes contained in 27 CFR 28.280 and 28.281. Title: Notices Relating to Payment of to this information collection and it is Current Actions: There are no changes Firearms and Ammunition Excise Tax. being submitted for extension purposes to this information collection and it is OMB Number: 1513–0097. only. being submitted for extension purposes TTB Form Number: None. Type of Review: Extension. only. TTB Record Number: None. Affected Public: Business or other for- Type of Review: Extension. Abstract: Excise taxes are collected on profit. Affected Public: Business or other for- the sale or use of firearms and Estimated Number of Respondents: profit. ammunition by firearms or ammunition 280. Estimated Number of Respondents: manufacturers, importers, or producers. Estimated Total Annual Burden 25. Taxpayers who elect to pay excise taxes Hours: 2,500. by electronic fund transfer must furnish Estimated Total Annual Burden Dated: April 25, 2006. Hours: 2,500. a written notice upon election and discontinuance. This notice protects the Francis W. Foote, Title: Alcohol and Tobacco Tax and Director, Regulations and Rulings Division. Trade Tax Returns, Claims and Related tax revenue. Current Actions: There are no changes [FR Doc. E6–6542 Filed 5–1–06; 8:45 am] Documents. to this information collection and it is BILLING CODE 4810–31–P OMB Number: 1513–0088. TTB Record Number: 5000/24. being submitted for extension purposes Abstract: TTB is responsible for the only. Type of Review: Extension. collection of the excise taxes on DEPARTMENT OF VETERANS Affected Public: Business or other for- firearms, ammunition, distilled spirits, AFFAIRS profit. wine, beer, cigars, cigarettes, chewing Estimated Number of Respondents: Research Advisory Committee on Gulf tobacco, snuff, cigarette papers, tubes 10. War Veterans’ Illnesses; Amended— and pipe tobacco. Alcohol, tobacco, Estimated Total Annual Burden Notice of Meeting firearms, and ammunition excise taxes, Hours: 1. plus alcohol, tobacco and firearms Title: Applications, Notices, and The Department of Veterans Affairs special occupational taxes are required Permits Relating to Importation and (VA) gives notice under Public Law 92– to be collected on the basis of a return. Exportation of Distilled Spirits, Wine 463 (Federal Advisory Committee Act) 26 U.S.C. 5555 authorizes the Secretary and Beer, Including Puerto Rico and that the Research Advisory Committee of Treasury to prescribe the regulations Virgin Islands. on Gulf War Veterans’s Illnesses will requiring every person liable for tax to OMB Number: 1513–0100. meet on May 15–16, 2006. On May 15 prepare any records, statements, or TTB Form Number: None. the meeting will be held in the 7th floor returns as necessary to protect the TTB Record Number: None. conference room of the American revenue. Abstract: Beverage alcohol, industrial Legion at 1608 K Street, NW., Current Actions: There are no changes alcohol, beer, and wine are taxed when Washington, DC. On May 16 the to this information collection and it is imported. The taxes on these meeting will be held in room 230 at the being submitted for extension purposes commodities coming from the Virgin Department of Veterans Affairs, 810 only. Islands and Puerto Rico are largely Vermont Avenue, NW., Washington, Type of Review: Extension. returned to the two insular DC. The sessions will convene at 8 a.m. Affected Public: Business or other for- governments. Exports are mainly tax- each day and adjourn at 6 p.m. on May profit, Not-for-profit institutions and free. These sections ensure that proper 15 and at 3 p.m. on May 16. Sessions Individuals or households. taxes are collected and returned will be open to the public. Estimated Number of Respondents: according to law. The purpose of the Committee is to 503,921. Current Actions: There are no changes provide advice and make Estimated Total Annual Burden to this information collection and it is recommendations to the Secretary of Hours: 503,921. being submitted for extension purposes Veterans Affairs on proposed research Title: Liquors and Articles from only. studies, research plans and research Puerto Rico or the Virgin Islands. Type of Review: Extension. strategies relating to the health OMB Number: 1513–0089. Affected Public: Business or other for- consequences of military service in the TTB Record Number: 5530/3. profit. Southwest Asia theater of operations Abstract: This information collection Estimated Number of Respondents: during the Gulf War. applies to persons bringing non- 20. The Committee will review VA beverage products into the United States Estimated Total Annual Burden program activities related to Gulf War from Puerto Rico and the Virgin Islands. Hours: 180. veterans’ illnesses and updates on

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scientific research on Gulf War illnesses underlying chronic symptoms affecting Any member of the public seeking published sine the last Committee Gulf War veterans, and discussion of additional information should contact meeting. Additionally, there will be committee business and activities. Dr. Goldberg at (202) 254–0294. presentations and discussion of Members of the public may submit Dated: April 26, 2006. background information on the Gulf written statements for the Committee’s By Direction of the Secretary. War and Gulf War illnesses, application review to Dr. William J Goldberg, E. Philip Riggin, of proteomic and genomic research to Designated Federal Officer, Department Committee Management Officer. the study of Gulf War illnesses, of Veterans Affairs (121E), 810 Vermont [FR Doc. 06–4124 Filed 5–1–06; 8:45 am] physiological mechanisms potentially Avenue, NW., Washington, DC 20420. BILLING CODE 8320–01–M

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Corrections Federal Register Vol. 71, No. 84

Tuesday, May 2, 2006

This section of the FEDERAL REGISTER Wednesday, April 19, 2006, make the contains editorial corrections of previously following corrections: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are § 13.11 [Corrected] prepared by the Office of the Federal Register. Agency prepared corrections are 1. On page 20213, in § 13.11, the table issued as signed documents and appear in being reprinted in its entirety to read as the appropriate document categories follows: elsewhere in the issue.

DEPARTMENT OF THE INTERIOR Fish and Wildlife Service

50 CFR Parts 13 and 23 RIN 1018–AD87

Revision of Regulations for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Correction In proposed rule document 06–3444 beginning on page 20168 in the issue of

Amendment Type of permit Citation Fee fee

*******

Endangered Species Act/CITES/Lacey Act

*******

CITES Introduction from the Sea 50 CFR 23 100 50

CITES Participation in the Plant Rescue Center Program 50 CFR 23 (1) (1)

CITES Registration of Appendix-I Commercial Breeding Operations 50 CFR 23 100

CITES Request for Approval of an Export program for a State or Tribe (American Gin- 50 CFR 23 (1) (1) seng, Certain Furbearers, and American Alligator)

*******

§ 23.2 [Corrected] 2. On page 20217, in § 23.2, the table is being reprinted in its entirety to read as follows:

Question on proposed activity Answer and action

(a) Is the wildlife or plant species (including parts, products, derivatives, (1) YES. Continue to paragraph (b) of this section. whether wild-collected, or born or propagated in a controlled environ- (2) NO. The regulations in this part do not apply. ment) Listed in Appendix I, II, or III of CITES (see § 23.91)?

(b) Is the wildlife or plant specimen exempted from CITES (see (1) YES. The regulations in this part do not apply. § 23.92)? (2) NO. Continue to paragraph (c) of this section.

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Question on proposed activity Answer and action

(c) Do you want to import, export, re-export, engage in international (1) YES. The regulations in this part apply. trade, or introduce from the sea? (2) NO. Continue to paragraph (d) of this section.

(d) Was the specimen that you possess or want to enter into intrastate (1) YES. The regulations in this part apply. See § 23.13(c) and (d) and or interstate commerce unlawfully acquired, illegally traded, or other- sections 9(c)(1) and 11(a) and (b) of the ESA (16 U.S.C. 1538(c)(1) wise subject to conditions set out on a CITES document that author- and 1540(a) and (b)). ized import? (2) NO. The regulations in this part do not apply.

§ 23.6 [Corrected] 3. On pages 20219 and 20220, in § 23.6, the table is being reprinted in its entirety to read as follows:

U.S. U.S. Manage- Roles Scientific ment Authority Authority

(a) Provide scientific advice and recommendations, including advice on biological findings for applications for certain x CITES documents, registrations, and export program approvals. Evaluate the conservation status of species to deter- mine if a species listing or change in a listing is warranted. Interpret listings and review nomenclatural issues.

(b) Review applications for CITES documents and issue or deny them based on findings required by CITES. x

(c) Communicate with the Secretariat and other countries on scientific, administrative, and enforcement issues. x x

(d) Ensure that export of Appendix-II specimens is at a level that maintains a species throughout its range at a level con- x sistent with its role in the ecosystems in which it occurs and well above the level at which it might become eligible for inclusion in Appendix I.

(e) Monitor trade in all CITES species and produce annual reports on CITES trade. x

(f) Collect the cancelled foreign export permit or re-export certificate and any corresponding import permit presented for x import of any CITES specimen. Collect a copy of the validated U.S. export permit or re- export certificate presented for export or re-export of any CITES specimen.

(g) Produce biennial reports on legislative, regulatory, and administrative measures taken by the United States to enforce x the provisions of CITES.

(h) Coordinate with State and tribal governments and other Federal agencies on CITES issues, such as the status of na- x x tive species, development of policies, negotiating positions, and law enforcement activities.

(i) Communicate with the scientific community, the public, and media about CITES issues. Conduct public meetings and x x publish notices to gather input from the public on the administration of CITES and the conservation and trade status of domestic and foreign species traded internationally.

(j) Represent the United States at the meetings of the CoP, on committees (see subpart G of this part), and on CITES x x working groups. Consult with other countries on CITES issues and the conservation status of species. Prepare discus- sion papers and proposals for new or amended resolutions and species listings for consideration at the CoP.

(k) Provide assistance to APHIS and CBP for the enforcement of CITES. Cooperate with enforcement officials to facili- x x tate the exchange of information between enforcement bodies and for training purposes.

(l) Provide financial and technical assistance to other governmental agencies and CITES officials of other countries. x x

§ 23.7 [Corrected] reprinted in its entirety to read as 4. On pages 20220 and 20221, in follows: § 23.7, the second table is being

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Type of information Office to contact

(a) CITES administrative and management issues: U.S. Management Authority, U.S. Fish and Wildlife Service, 4401 North (1) CITES documents, including application forms and procedures; Fairfax Drive, Room 700, Arlington, Virginia 22203, Toll Free: (800) list of registered scientific institutions and bred-in-captivity oper- 358–2104/permit questions, Tel: (703) 358–2095/other questions, ations; and reservations Fax: (703) 358–2281/permits, Fax: (703) 358–2298/other issues, E- (2) Information on the CoP mail: [email protected], Web site: http://www.fws.gov/ (3) List of CITES species international and http://www.fws.gov/permits. (4) Names and addresses of other countries’ Management and Scientific Authority offices (5) Notifications, resolutions, and decisions (6) Standing Committee documents and issues (7) State and tribal export programs

(b) Scientific issues: U.S. Scientific Authority, U.S. Fish and Wildlife Service, 4401 North (1) Animals and Plants Committees documents and issues Fairfax Drive, Room 750, Arlington, Virginia 22203, Tel: (703) 358– (2) Findings of non-detriment and suitability of facilities, and other 1708, Fax: (703) 358–2276, E-mail: [email protected], Web scientific findings site: http://www.fws.gov/international. (3) Listing of species in the Appendices and relevant resolutions (4) Names and addresses of other countries’ Scientific Authority offices and scientists involved with CITES-related issues (5) Nomenclatural issues

(c) Wildlife clearance procedures: Law Enforcement, U.S. Fish and Wildlife Service, 4401 North Fairfax (1) CITES replacement tags Drive, Mail Stop LE–3000, Arlington, Virginia 22203, Tel: (703) 358– (2) Information about wildlife port office locations 1949, Fax: (703) 358–2271, Web site: http://www.fws.gov/le. (3) Information bulletins (4) Inspection and clearance of wildlife shipments involving import, introduction from the sea, export, and re-export, and filing a Declaration of Importation or Exportation of Fish or Wildlife (Form 3–177) (5) Validation, certification, or cancellation of CITES wildlife docu- ments

(d) APHIS plant clearance procedures: U.S. Department of Agriculture APHIS/PPQ, 4700 River Road, River- (1) Information about plant port office locations dale, Maryland 20737–1236, Toll Free: (877) 770–5990/permit ques- (2) Inspection and clearance of plant shipments involving: tions, Tel: (301) 734–5312/other CITES issues, Fax: (301) 734– (i) Import and introduction from the sea of living plants 5786/permit questions, Fax: (301) 734–4300/other CITES issues, (ii) Export and re-export of living and nonliving plants Web site: http://www.aphis.usda.gov/ppq. (3) Validation or cancellation of CITES plant documents for the type of shipments listed in paragraph (d) of this section

(e) CBP plant clearance procedures: Department of Homeland Security, U.S. Customs and Border Protec- (1) Inspection and clearance of plant shipments involving: tion, Office of Field Operations, Agricultural Inspection Policy and (i) Import and introduction from the sea of nonliving plants Planning, 1300 Pennsylvania Avenue, NW., Room 5.4 C, Wash- (ii) Import of living plants from Canada at designated border ington, DC 20229, Tel: (202) 344–3298, Fax: (202) 344–1442. ports (7 CFR 319.37–14(b) and 50 CFR 24.12(d)) (2) Cancellation of CITES plant documents for the type of shipments listed in paragraph (e)(1) of this section

(f) General information on CITES: CITES Secretariat, Web site: http://www.cites.org. (1) CITES export quota information (2) CITES Guidelines for Transport (3) Information about the Secretariat (4) Names and addresses of other countries’ Management and Scientific Authority offices (5) Official documents, including resolutions, decisions, notification, CoP documents, and committee documents (6) Official list of CITES species and species database (7) Text of the Convention

§ 23.15 [Corrected] reprinted in its entirety to read as 5. On pages 20221 and 20222, in follows: § 23.15, the second table is being

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Major group Species (Appendix II only) Type of specimen Quantity1

Fishes (i) Acipenseriformes (sturgeon, includ- Sturgeon caviar (see § 23.71) 250 gm ing paddlefish)

(ii) Hippocampus spp. (seahorses) Dead specimens, parts, products (in- 4 cluding manufactured items), and derivatives

Reptiles (iii) Crocodylia (alligators, caimans, Dead specimens, parts, products (in- 4 crocodiles, gavial) cluding manufactured items), and derivatives

Molluscs (iv) Strombus gigas (queen conch) Shells 3

(v) Tridacnidae (giant clams) Shells, each of which may be one in- 3 shells, total not exceeding 3 kg tact shell or two matching halves

Plants (vi) Cactaceae (cacti) Rainsticks 3 1 To import, export, or re-export more than the quantity listed in the table, you must have a valid CITES document for the entire quantity.

§ 23.20 [Corrected] 6. On page 20225, in § 23.20, the table is being reprinted in its entirety to read as follows:

Type of specimen or activity Appendix CITES exemption document Section

(1) Artificially propagated plant (see paragraph I, II, or III CITES document with source code ‘‘A’’ 1 23.40 (d)(4) of this section for an Appendix-I plant propagated for commercial purposes)

(2) Artificially propagated plant from a country that II or III Phytosanitary certificate with CITES statement 1 23.23(f) has provided copies of the certificates, stamps, and seals to the Secretariat

(3) Bred-in-captivity wildlife (see paragraph (d)(5) I, II, or III CITES document with source code ‘‘C’’ 1 23.41 of this section for Appendix-I wildlife bred for commercial purposes)

(4) Commercially propagated Appendix-I plant I CITES document with source code ‘‘D’’1 23.47

(5) Commercially bred Appendix-I wildlife from a I CITES document with source code ‘‘D’’ 1 23.46 breeding operation registered with the CITES Secretariat

(6) Export of certain marine specimens protected II CITES document indicating that the specimen 23.36(e) under a pre-existing treaty, convention, or inter- was taken in accordance with provisions of the 23.39(e) national agreement for that species applicable treaty, convention, or international agreement

(7) Hybrid of plants I, II, or III CITES document 23.42

(8) Hybrid of wildlife I, II, or III CITES document or certification letter from a 23.43 Management Authority 1

(9) In-transit shipment (see paragraph (d)(13) of I, II, or III CITES document designating importer and coun- 23.22 this section for sample collections covered by try of final destination an ATA carnet)

(10) Introduction from the sea under a pre-exist- II Document required by applicable treaty, conven- 23.39(d) ing treaty, convention, or international agree- tion, or international agreement, if appropriate ment for that species

(11) Noncommercial loan, donation, or exchange I, II, or III A label indicating CITES and the registration 23.48 of specimens between scientific institutions reg- codes of both institutions and, in the United istered with the CITES Secretariat States, a CITES certificate of scientific ex- change that registers the institution 3

(12) Personally owned live wildlife for multiple I, II, or III CITES certificate of ownership 2 23.44 cross-border movement

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Type of specimen or activity Appendix CITES exemption document Section

(13) Pre-Convention specimen I, II, or III CITES document indicating pre-Convention sta- 23.45 tus 1

(14) Sample collection covered by an ATA carnet I 4 , II, or III CITES document indicating sample collection 2 23.50

(15) Traveling exhibition I, II, or III CITES document indicating pre-Convention, bred- 23.49 in-captivity, or artificially propagated status 2 1 Issued by the Management Authority in the exporting or re-exporting country. 2 Issued by the Management Authority in the owner’s country of usual residence. 3 Registration codes assigned by the Management Authorities in both exporting and importing countries. 4 Appendix-I species bred-in-captivity or artificially propagated for commercial purposes (see §§ 23.46 and 23.47).

7. On page 20226, in the same section, the first table is being reprinted in its entirety to read as follows:

Appendix Type of CITES document(s) required

I Import permit (§ 23.35) and export permit (§ 23.36) or re-export certificate (§ 23.37).

II Export permit (§ 23.36) or re-export certificate (§23.37).

III Export permit if the specimen originated in a country that listed the species; certificate of origin (§ 23.38) if the speci- men originated in a country other than the listing country, unless the listing annotation indicates otherwise; or re-ex- port certificate for all re-exports (§ 23.37).

§ 23.21 [Corrected] 8. On the same page, in § 23.21, the second table is being reprinted in its entirety to read as follows:

If Then

(1) The shipment is between a Party and a reserving Party, or the ship- The shipment must be accompanied by a valid CITES document(s) ment is from a non-Party to a reserving party and is in transit (see § 23.26) that indicates the CITES Appendix in which the species through a Party is listed.

(2) The shipment is from a reserving Party to another reserving Party 1 The shipment must be accompanied by a valid CITES document (see or non-Party and is in transit through a Party § 23.26) that indicates the CITES Appendix in which the species is listed.2

(3) The shipment is between a reserving Party and another reserving No CITES document is required.2 Party 1 or non-Party and is not in transit through a Party 1 Both reserving Parties must have a reservation for the same species, and if the species is listed in Appendix III, a reservation for the same parts, products, and derivatives. 2 CITES recommends that reserving Parties treat Appendix–I species as if listed in Appendix II and issue CITES documents based on Appen- dix–II permit criteria (see § 23.36). However, the CITES document must show the specimen as listed in Appendix I. If the United States entered a reservation, such a CITES document would be required.

§ 23.23 [Corrected] 9. On pages 20227 and 20228, in § 23.23, the table is being reprinted in its entirety to read as follows:

Required information Description

(1) Appendix The CITES Appendix in which the species, subspecies, or population is listed (see § 23.21 when a Party has taken a reservation on a listing).

(2) Applicant’s signature The applicant’s signature if the CITES document includes a place for it.

(3) Bill of lading, air waybill, or flight As applicable for export or re-export: (i) by ocean or air cargo, the bill of lading or waybill number, or (ii) in number accompanying baggage, the flight number, as recorded on the CITES document by the inspecting official at the port, if known at the time of validation or certification.

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Required information Description

(4) Dates Date of issue and date of expiration (‘‘valid until’’ date on the standardized CITES form), which is midnight of the date on the CITES document. See § 23.54 for the length of validity for different types of CITES documents.

(5) Description of the specimen A complete description of the specimen, including whether live or the type of goods. The sex and age of a live specimen should be recorded, if possible. Such information must be in English, Spanish, or French on a CITES document from a Party. If a code is used to indicate the type of specimen, it must agree with the Guidelines for preparation and submission of CITES annual reports available from the CITES website or us.

(6) Document number A unique control number. We use a unique 12-character number. The first two characters are the last two digits of the year of issuance, the next two are the two-letter ISO country code, followed by a six-digit serial number, and two digits or letters used for national informational purposes.

(7) Humane transport of live wildlife If the CITES document authorizes the export or re-export of live wildlife, a statement that the document is valid only if the transport conditions comply with the CITES Guidelines for Transport (available from the CITES website), or, in the case of air transport of wildlife, with the International Air Transport Association Live Animals Regulations. The shipment must comply with the requirements of the Live Animals Regula- tions (LAR), 32nd edition, October 1, 2005, by the International Air Transport Association (IATA), Ref- erence Number: 9105–32, ISBN 92–9195–560–4.1

(8) Identification of the specimen Any unique identification number or mark (such as a tag, band, ring, microchip, label, or serial number), in- cluding any mark required under these regulations or a CITES listing annotation. For a microchip, the microchip code, trademark of the transponder manufacturer and, where possible, the location of the microchip in the specimen. If a microchip is used, we may, if necessary, ask the importer, exporter, or re-exporter to have equipment on hand to read the microchip at the time of import, export, or re-export.

(9) Management Authority The complete name and address of the issuing Management Authority as included in the CITES directory, which is available from the CITES website or us.

(10) Name and address The complete name and address, including country, of the exporter and importer.

(11) Purpose of transaction The purpose of the transaction, if possible, using one of the codes given in paragraph (d) of this section. The code is determined by the issuing Management Authority through information submitted with an ap- plication. This is not required for a certificate of origin.

(12) Quantity The quantity of specimens authorized in the shipment and, if appropriate, the unit of measurement using the metric system: (i) The unit of measurement should be appropriate to the type of specimen and agree with the Guidelines for the preparation and submission of CITES annual reports available from the CITES website or us. General descriptions such as ‘‘one case’’ or ‘‘one batch’’ are not acceptable. (ii) Weight should be in kilograms. If weight is used, net weight (weight of the specimen alone) must be stated, not gross weight that includes the weight of the container or packaging. (iii) Volume should be in cubic meters for logs and sawn wood and either square meters or cubic meters for veneer and plywood. (iv) For re-export, if the type of good has not changed since being imported, the same unit of measure- ment as on the export permit must be used, except to change to units that are to be used in the CITES annual report.

(13) Scientific name The scientific name of the species, including the subspecies when needed to determine the level of protec- tion of the specimen under CITES, using standard nomenclature as it appears in the CITES Appendices or the references adopted by the CoP. A list of current references is available from the CITES website or us. A CITES document may contain higher-taxon names in lieu of the species name only under one of the following circumstances: (i) The CoP has agreed that the use of a higher-taxon name is acceptable for use on CITES documents. (A) If the genus cannot be readily determined for coral rock, the scientific name to be used is the order Scleractinia. (B) Live and dead coral must be identified to the level of species except where the CoP has agreed that identification to genus is acceptable. A current list of coral taxa identifiable to genus is available from the CITES website or us. (C) Re-export of worked skins or pieces of Tupinambis species that were imported before August 1, 2000, may indicate Tupinambis spp. (ii) The issuing Party can show the use of a higher-taxon name is well justified and has communicated the justification to the Secretariat. (iii) The item is a pre-Convention manufactured product containing a specimen that cannot be identified to the species level.

(14) Seal or stamp The embossed seal or ink stamp of the issuing Management Authority.

(15) Security stamp If a Party uses a security stamp, the stamp must be canceled by an authorized signature and a stamp or seal, preferably embossed. The number of the stamp must also be recorded on the CITES document.

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Required information Description

(16) Signature An original handwritten signature of a person authorized to sign CITES documents for the issuing Manage- ment Authority. The signature must be on file with the Secretariat.

(17) Signature name The name of the person who signed the CITES document.

(18) Source The source of the specimen. For re-export, unless there is information to indicate otherwise, the source code on the CITES document used for import of the specimen must be used. See § 23.24 for a list of codes.

(19) Treaty name Either the full name or acronym of the Treaty, or the CITES logo.

(20) Type of CITES document The type of CITES document (import, export, re-export, or other): (i) If marked ‘‘other,’’ the CITES document must indicate the type of document, such as artificially propa- gated, bred-in-captivity, certificate of origin, certificate of ownership, introduction from the sea, pre-Con- vention, sample collection covered by an ATA carnet, scientific exchange, or traveling exhibition. (ii) If multiple types are authorized on one CITES document, the type that applies to each specimen must be clearly indicated.

(21) Validation or certification The actual quantity of specimens exported or re-exported: (i) Using the same units of measurement as those on the CITES document. (ii) Validated or certified by the stamp or seal and signature of the inspecting authority at the time of export or re-export. 1 The incorporation by reference of the IATA LAR was approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from IATA, 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1, by calling 1–800–716–6326, or ordering through the Internet at http://www.iata.org. Copies may be inspected at the U.S. Management Authority or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

10. On page 20228, in the same Code Purpose of transaction Code Purpose of transaction section, the second table is being reprinted in its entirety to read as G ...... Botanical garden. S ...... Scientific. follows: H ...... Hunting trophy. T ...... Commercial. L ...... Law enforcement/judicial/forensic. Z ...... Zoo. M ...... Medical research (including bio- Code Purpose of transaction medical research). N ...... Reintroduction or introduction into 11. On page 20229, in the same B ...... Breeding in captivity or artificial the wild. section, the second table is being propagation. P ...... Personal. reprinted in its entirety to read as E ...... Education. Q ...... Circus and traveling exhibition. follows:

Type of document Additional required information

(1) Annex (such as an attached in- The page number, document number, and date of issue on each page of an annex that is attached as an ventory, conditions, or continu- integral part of a CITES document. The signature and ink stamp or seal, preferably embossed, of the ation pages of a CITES docu- Management Authority issuing the CITES document must also be included on each page of the annex. ment) The CITES document must indicate an attached annex and the total number of pages.

(2) Certificate of origin (see A statement that the specimen originated in the country that issued the certificate. § 23.38)

(3) Copy when used in place of the (i) Information required in paragraph (e)(7) of this section when the document authorizes export or re-ex- original CITES document port. (ii) A statement by the Management Authority on the face of the document authorizing the use of a copy when the document authorizes import.

(4) Export permit for a registered The registration number of the operation or nursery assigned by the Secretariat, and if the exporter is not commercial breeding operation or the registered operation or nursery, the name of the registered operation or nursery. nursery—Appendix-I specimens (see § 23.46)

(5) Export permit with a quota Number of specimens, such as 500/1,000, that were: (i) Exported thus far in the current calendar year, including those covered by the current permit (such as 500), and (ii) Included in the current annual quota (such as 1,000).

(6) Import permit (Appendix-I speci- A certification that the specimen will not be used for primarily commercial purposes and, for a live speci- men) (see § 23.35) men, that the recipient has suitable facilities and expertise to house and care for it.

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Type of document Additional required information

(7) Replacement CITES document When a CITES document replaces an already issued CITES document that was lost, damaged, stolen, or (see § 23.52) accidentally destroyed: (i) If a newly issued CITES document, indication it is a ‘‘replacement,’’ the number and date of issuance of the CITES document that was replaced, and reason for replacement. (ii) If a copy of the original CITES document, indication it is a ‘‘replacement’’ and a ‘‘true copy of the origi- nal,’’ a new original signature of the issuing Management Authority, the date signed, and reason for re- placement.

(8) Partially completed documents (i) A list of the blocks that must be completed by the permit holder. (see § 23.51) (ii) If the list includes scientific names, an inventory of approved species must be included on the face of the CITES document or in an attached annex. (iii) A signature of the permit holder, which acts as a certification that the information entered is true and accurate.

(9) Pre-Convention document (see (i) An indication on the face of the CITES document that the specimen is pre-Convention. § 23.45) (ii) A date that shows the specimen was acquired before the date the Convention first applied to it.

(10) Re-export certificate (see (i) The country of origin, the export permit number, and the date of issue. § 23.37) (ii) If previously re-exported, the country of last re-export, the re-export certificate number, and the date of issue. (iii) If all or part of this information is not known, a justification must be given.

(11) Retrospective CITES docu- A clear statement that the CITES document is issued retrospectively and the reason for issuance. ment (see § 23.53)

(12) Sample collection covered by (i) A statement that the document covers a sample collection and is invalid unless accompanied by a valid an ATA carnet (see § 23.50) ATA carnet. (ii) The number of the accompanying ATA carnet either recorded by the Management Authority, customs, or other responsible CITES inspecting official.

§ 23.24 [Corrected] 12. On page 20230, in § 23.24, the first table is being reprinted in its entirety to read as follows:

Source of specimen Code

(a) Artificially propagated plant (see § 23.40): (1) An Appendix-II or -III artificially propagated specimen. A (2) An Appendix-I plant specimen artificially propagated for noncommercial purposes or certain Appendix-I hybrids (see § 23.42) propagated for commercial purposes.

(b) Bred-in-captivity wildlife (see § 23.41): C (1) An Appendix-II or -III specimen bred-in-captivity. (See paragraph (d)(1) of this section for wildlife that does not qualify as bred-in-captivity.) (2) An Appendix-I specimen bred for noncommercial purposes. (See paragraph (c)(1) of this section for an Appendix-I speci- men bred for commercial purposes.)

(c) Bred-in-captivity or artificially propagated for commercial purposes (see §§ 23.46 and 23.47): D (1) An Appendix-I wildlife specimen bred-in-captivity for commercial purposes at an operation registered with the Secretariat. (2) An Appendix-I plant specimen artificially propagated for commercial purposes at a nursery that is registered with the Secre- tariat or a commercial propagating operation that meets the requirements of § 23.47.

(d) Captive-bred wildlife (§ 23.36): F (1) An Appendix-II or -III species that is captive-bred. (2) An Appendix-I species that is one of the following: (i) Captive-bred. (ii) Bred for commercial purposes, but the commercial breeding operation was not registered with the Secretariat. (iii) Bred for noncommercial purposes, but the facility does not meet the definition in § 23.5 because it was not involved in a cooperative conservation program.

(e) Confiscated or seized specimen (see § 23.78). I

(f) Pre-Convention specimen (see § 23.45) (code to be used in conjunction with another code). O

(g) Ranched wildlife (wildlife that originated from a ranching operation). R

(h) Source unknown (must be justified on the face of the CITES document). U

(i) Specimen taken from the wild: W

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Source of specimen Code

(1) For wildlife, this includes a specimen born in captivity from an egg collected from the wild or from wildlife that mated or ex- changed genetic material in the wild. (2) For a plant, it includes a specimen propagated from a propagule collected from a wild plant, except as provided in § 23.64.

§ 23.25 [Corrected] 13. On the same page, in § 23.25, the second table is being reprinted in its entirety to read as follows:

Activity by a non-party Certification

(1) Export (i) The Scientific Authority has advised that the export will not be detrimental to the survival of the species. (ii) The Management Authority is satisfied that the specimen was legally acquired.

(2) Import The import will be for purposes that are not detrimental to the survival of the species.

§ 23.26 [Corrected] 14. On page 20231, in § 23.26, the table is being reprinted in its entirety to read as follows:

Key phrase Conditions for an acceptable CITES document

(1) Altered or modified CITES doc- The CITES document has not been altered (including by rubbing or scratching out), added to, or modified ument in any way unless the change is validated on the document by the stamp and signature of the issuing Management Authority, or if the document was issued as a partially completed document, the Manage- ment Authority lists on the face of the document which blocks must be completed by the permit holder.

(2) CITES document U.S. and foreign CITES documents must meet the general provisions and criteria in subparts C and E.

(3) Conditions All conditions on the CITES document are met.

(4) Extension of validity The validity of a CITES document may not be extended except as provided in § 23.73 for certain timber species.

(5) Fraudulent CITES document or The CITES document is authentic and does not contain erroneous or misleading information. CITES document containing false information

(6) Humane transport Live wildlife or plants were transported in compliance with the CITES Guidelines for Transport or, in the case of air transport of wildlife, the International Air Transport Association Live Animals Regulations.

(7) Management Authority and Sci- The CITES document was issued by a Party or non-Party that has designated a Management Authority entific Authority and Scientific Authority and has provided information on these authorities to the Secretariat.

(8) Name of importer and exporter A CITES document is specific to the name on the face of the document and may not be transferred or as- signed to another person.

(9) Phytosanitary certificate A phytosanitary certificate can be used to export artificially propagated plants only if the issuing Party has provided copies of the certificates, stamps, and seals to the Secretariat.

(10) Registered commercial breed- (i) The operation is in the Secretariat’s register. ing operation for Appendix-I wild- (ii) Each specimen is specifically marked, and the mark is described on the CITES document. life

(11) Registered commercial nursery The operation is included in the Secretariat’s register. for Appendix-I plants

(12) Retrospective CITES docu- A CITES document was not issued retrospectively except as provided in § 23.53. ments

(13) Shipment contents The contents of the shipment match the description of specimens provided on the CITES document, in- cluding the units and species. A shipment cannot contain more or different specimens or species than certified or validated on the CITES document at the time of export or re-export (the quantity of each specimen validated or certified may be less, but not more, than the quantity stated at the time of issuance).

(14) Quota For species with a quota on file with the Secretariat, the quantity exported from a country does not exceed the quota.

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Key phrase Conditions for an acceptable CITES document

(15) Wild-collected wildlife speci- A wild-collected wildlife specimen (indicated on the CITES document with a source code of ‘‘W’’) is not men coming from a country that is outside the range of the species, unless we have information indicating that the species has been established in the wild in that country through accidental introduction or other means.

§ 23.27 [Corrected] 15. On page 20232, in § 23.27, the table is being reprinted in its entirety to read as follows:

Present original for export Surrender original upon im- Type of CITES document or re-export validation or Surrender copy upon ex- port or introduction from certificaion port or re-export the sea

Bred-in-captivity certificate Required Required Required

Certificate for artificially propagated plants Required Required Required

Certificate of origin Required Required Required

Certificate of ownership Required Required Not required; submit copy

Export permit Required Required Required

Hybrid, excluded wildlife hybrid letter Required 1 Required Not required; submit copy

Import permit Not required Required Required

Introduction-from-the-sea certificate Not applicable Not applicable Required

Multiple-use document Required 2 Required Not required; submit copy

Pre-Convention document Required Required Required

Re-export certificate Required Required Required

Registered Appendix-I commercial breeding operation, Required Required Required export permit

Registered Appendix-I nursery, export permit Required Required Required

Registered scientific institution CITES label Not required 3 Not required Not required

Replacement document where a shipment has been Not required Not required Required made and is in a foreign country

Replacement document where a shipment has not left Required Required Required the United States

Retrospective document Not required Not required Required

Sample collection covered by an ATA carnet, CITES Required Required Not required; submit copy document

Traveling exhibition certificate Required Required Not required; submit copy 1 Certification letter may not require validation. 2 Orginal must be available for inspection, but permit conditions will indicate whether an original or copy is to be validated. 3 Original label must be affixed to the package, which must be presented for inspection at the time of export, re-export, or import.

§ 23.34 [Corrected] 16. On pages 20233 and 20234, in § 23.34, the table is being reprinted in its entirety to read as follows:

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Source of specimen Types of records

(1) Captive-bred or cultivated 1 (i) Records that identify the breeder or propagator of the specimens that have been identified by birth, hatch, or propagation date and for wildlife by sex, size, band number, or other mark, or for plants by size or other identifying feature: (A) Signed and dated statement by the breeder or propagator that the specimen was bred or propa- gated under controlled conditions. (B) Name and address of the breeder or propagator as shown by documents such as an International Species Inventory System (ISIS) record, veterinary certificate, or plant nursery license. (ii) Records that document the breeding or propagating of specimens at the facility: (A) Number of wildlife (by sex and age- or size-class) or plants at the facility. (B) How long the facility has been breeding or propagating the species. (C) Annual production and mortalities. (D) Number of specimens sold or transferred annually. (E) Number of specimens added from other sources annually. (F) Transaction records with the date, species, quantity of specimens, and name and address of sell- er. (G) Marking system, if applicable. (H) Photographs or video of facility, including for wildlife any activities during nesting and production and rearing of young, and for plants, different stages of growth.

(2) Confiscated or seized Copy of remission decision, legal settlement, or disposal action after forfeiture or abandonment that dem- onstrates the applicant’s legal possession.

(3) Exempt plant material Records that document how you obtained the exempt plant material, including the name and address of the person from whom you received the plant material.

(4) Imported previously (i) A copy of the cancelled CITES document that accompanied the shipment into the United States. (ii) For wildlife, copies of a cleared Declaration for Importation or Exportation of Fish or Wildlife (Form 3– 177) for each shipment.

(5) Pre-Convention Records that show the specimen was acquired before the date the provisions of the Convention first ap- plied to it, such as: (i) Receipt or invoice. (ii) Catalog, inventory list, photograph, or art book. (iii) Statement from a qualified appraiser attesting to the age of a manufactured product. (iv) CBP (formerly U.S. Customs Service) import documents. (v) Phytosanitary certificate. (vi) Veterinary document or breeding or propagation logs.

(6) Sequential ownership or pur- (i) Records that specifically identify the specimen, give the name and address of the owner, and show the chase specimen’s origin (pre-Convention, previously imported, wild-collected, or born or propagated in a con- trolled environment in the United States). (ii) Records that document the history of all transfers in ownership (generally not required for pre-Conven- tion specimens).

(7) Unknown origin, for non- A complete description of the circumstances under which the specimen was acquired (where, when, and commercial purposes from whom the specimen was acquired), including efforts made to obtain information on the origin of the specimen.

(8) Wild-collected Records, such as permits, licenses, and tags, that demonstrate the specimen or the parental stock was le- gally removed from the wild under relevant foreign, Federal, tribal, State, or local wildlife or plant con- servation laws or regulations: (i) If taken on private or tribal land, permission of the landowner if required under applicable law. (ii) If taken in a national, State, or local park, refuge, or other protected area, permission from the ap- plicable agency, if required. 1 If the wildlife was born in captivity from an egg collected from the wild or from parents that mated or exchanged genetic material in the wild, or the plant was propagated from a propagule collected from a wild plant, see paragraph (b)(8) of this section.

§ 23.35 [Corrected] 17. On page 20234, in § 23.35, the second table is being reprinted in its entirety to read as follows:

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Type of application for an import permit for an Appendix-I specimen Form No.

(1) CITES: Southern African Leopard, African Elephant, and Namibian Southern White Rhinoceros Sport-hunted Trophies 3–200–19 Appendix-I Plants 3–200–35 Appendix-I Wildlife 3–200–37 Appendix-I Biological Samples 3–200–29

(2) Endangered Species Act and CITES: ESA Plants 3–200–36 ESA Sport-hunted Trophies 3–200–20 ESA Wildlife 3–200–37

(3) Marine Mammal Protection Act and CITES: Marine Mammals 3–200–43

(4) Wild Bird Conservation Act and CITES: Personal Pet Bird 3–200–46 Under an Approved Cooperative Breeding Program 3–200–48 Scientific Research or Zoological Breeding/Display 3–200–47

18. On the same page, in the same reprinted in its entirety to read as section, the third table is being follows:

Criteria for an import permit for an Appendix-I specimen Section

(1) The proposed import would be for purposes that are not detrimental to the survival of the species. 23.61

(2) The specimen will not be used for primarily commercial purposes. 23.62

(3) The recipients are suitably equipped to house and care for any live wildlife or plant to be imported. 23.65

(4) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the 23.23 CoP.

§ 23.36 [Corrected] 19. On page 20235, in § 23.36, the first table is being reprinted in its entirety to read as follows:

Type of application for an export permit Form No.

(1) CITES: American Ginseng 3–200–34 Appendix-I Plants Artificially Propagated for Commercial Purposes 3–200–33 Biological Specimens 3–200–29 Captive-born Raptors 3–200–25 Captive-born Wildlife (except raptors) 3–200–24 Export of Skins/Products of Bobcat, Canada Lynx, River Otter, Brown Bear, Gray Wolf, and American Alligator Taken under 3–200–26 an Approved State or Tribal Program Personal Pets, One-time Export 3–200–46 Plants 3–200–32 Registration of a Native Species Production Facility 3–200–75 Single-use Permits under a Master File or an Annual Program File 3–200–74 Trophies by Taxidermists 3–200–28 Wildlife, Removed from the Wild 3–200–27

(2) Endangered Species Act and CITES: ESA Plants 3–200–36 ESA Wildlife 3–200–37

(3) Marine Mammal Protection Act and CITES: Biological Samples 3–200–29 Live Captive-held Marine Mammals 3–200–53 Take from the Wild for Export 3–200–43

20. On the same page, in the same reprinted in its entirety to read as section, the second table is being follows:

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Appendix of the specimen Criteria for an export permit Section I II III

(1) The wildlife or plant was legally acquired. Yes Yes Yes 23.60

(2) The proposed export would not be detrimental to the sur- Yes Yes n/a 23.61 vival of the species.

(3) An import permit has already been issued or the Manage- Yes n/a n/a 23.35 ment Authority of the importing country has confirmed that it will be issued.

(4) The scientific name of the species is the standard nomen- Yes Yes Yes 23.23 clature in the CITES Appendices or the references adopted by the CoP.

(5) Live wildlife or plants will be prepared and shipped so as to Yes Yes Yes 23.23 minimize risk of injury, damage to health, or cruel treatment of the specimen.

(6) The specimen originated in a country that listed the spe- n/a n/a Yes 23.20 cies.

(7) For wildlife with the source code ‘‘W’’ or ‘‘F,’’ the export is Yes n/a n/a for noncommercial purposes. (See § 23.46 for the export of specimens that originated at an Appendix-I commercial breeding operation that is registered with the Secretariat.)

§ 23.37 [Corrected] 21. On page 20236, in § 23.37, the first table is being reprinted in its entirety to read as follows:

Type of application for a re-export certificate Form No.

(1) CITES: Biological Specimens 3–200–29 Plants 3–200–32 Single-use Permits under a Master File or an Annual Program File 3–200–74 Trophies by Taxidermists 3–200–28 Wildlife 3–200–73

(2) Endangered Species Act and CITES: ESA Plants 3–200–36 ESA Wildlife 3–200–37

(3) Marine Mammal Protection Act and CITES: Biological Samples 3–200–29 Live Captive-held Marine Mammals 3–200–53

22. On the same page, in the same reprinted in its entirety to read as section, the second table is being follows:

Appendix of the specimen Criteria for a re-export certificate Section I II III

(1) The wildlife or plant was legally acquired. Yes Yes Yes 23.60

(2) The scientific name of the species is the standard nomen- Yes Yes Yes 23.23 clature in the CITES Appendices or the references adopted by the CoP.

(3) For a live specimen, an import permit has already been Yes n/a n/a 23.35 issued or the Management Authority of the importing country has confirmed that it will be issued. This criterion does not apply to a specimen with the source code ‘‘D.’’

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Appendix of the specimen Criteria for a re-export certificate Section I II III

(4) Live wildlife or plants will be prepared and shipped so as to Yes Yes Yes 23.23 minimize risk of injury, damage to health, or cruel treatment of the specimen.

(5) For re-export of a confiscated specimen, the proposed re- Yes Yes n/a 23.61 export would not be detrimental to the survival of the spe- cies.

(6) For wildlife with the source code ‘‘W’’ or ‘‘F,’’ the re-export Yes n/a n/a ...... is for noncommercial purposes.

§ 23.39 [Corrected] 23. On page 20237, in § 23.39, the table is being reprinted in its entirety to read as follows:

Appendix of the Criteria for an introduction-from-the-sea certificate specimen Section I II

(1) The specimen was taken in the marine environment not under the jurisdic- Yes Yes tion of any country.

(2) The proposed introduction from the sea would not be detrimental to the sur- Yes Yes 23.61 vival of the species.

(3) The specimen will not be used for primarily commercial purposes. Yes n/a 23.62

(4) The recipients are suitably equipped to house and care for live wildlife or Yes n/a 23.65 plants.

(5) The scientific name of the species is the standard nomenclature in the Yes Yes 23.23 CITES Appendices or the references adopted by the CoP.

(6) Live wildlife or plants will be prepared and shipped so as to minimize risk of Yes Yes 23.23 injury, damage to health, or cruel treatment of the specimen.

§ 23.40 [Corrected] 24. On page 20238, in § 23.40, the first table is being reprinted in its entirety to read as follows:

Appendix of the Criteria for a certificate for artificially propagated plants specimen Section I II III

(1) The plant was artificially propagated. Yes Yes Yes 23.64

(2) The plant specimen is one of the following: Yes n/a n/a (i) Was propagated for noncommercial purposes. (ii) Is part of a traveling exhibition. (iii) Is a hybrid of one or more Appendix-I species or taxa that is not annotated to include hybrids in the listing and was propagated for commercial or noncommercial purposes.

(3) The scientific name of the species is the standard Yes Yes Yes 23.23 nomenclature in the CITES Appendices or the ref- erences adopted by the CoP.

(4) The live plant will be prepared and shipped so as to Yes Yes Yes 23.23 minimize risk of injury, damage to health, or cruel treatment of the specimen.

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§ 23.41 [Corrected] 25. On the same page, in § 23.41, the second table is being reprinted in its entirety to read as follows:

Appendix of the Criteria for a bred-in-captivity certificate specimen Section I II III

(1) The wildlife was bred-in-captivity. Yes Yes Yes 23.63

(2) The wildlife specimen was bred for noncommercial purposes or is part of a traveling ex- Yes n/a n/a 23.5 hibition.

(3) The scientific name of the species is the standard nomenclature in the CITES Appen- Yes Yes Yes 23.23 dices or the references adopted by the CoP.

(4) Live wildlife will be prepared and shipped so as to minimize risk of injury, damage to Yes Yes Yes 23.23 health, or cruel treatment of the specimen.

§ 23.42 [Corrected] bottom of page 20238 is being reprinted 26. On pages 20238 and 20239, in in its entirety to read as follows: § 23.42, the table beginning at the

Question on a plant hybrid Answer and status of specimen

(a) Is the specimen an artificially propagated hybrid of one or more Ap- (1) YES. Continue to paragraph (b) of this section. pendix-I species or taxa? (2) NO. Continue to paragraph (c) of this section.

(b) Is one or more of the Appendix-I species or taxa in paragraph (a) of (1) YES. The hybrid is listed in Appendix I. this section annotated to include hybrids? (2) NO. The hybrid is listed in Appendix I, but may be granted a certifi- cate for artificially propagated plants even if propagated for commer- cial purposes.

(c) Is the specimen a hybrid that includes two or more CITES species (1) YES. Consider the specimen to be listed in the more restrictive Ap- or taxa in its lineage? pendix, with Appendix I being the most restrictive and Appendix III the least. (2) NO. Continue to paragraph (d) of this section.

(d) Is the specimen a hybrid that includes one CITES species or taxon (1) YES. Consider the specimen to be listed in the Appendix in which in its lineage? the species or taxon is listed in the CITES Appendices. (2) NO. The hybrid is not regulated by CITES.

§ 23.43 [Corrected] 27. On page 20239, in § 23.43, the second table is being reprinted in its entirety to read as follows:

Then the specimen is If at least one specimen in the recent lineage is listed in: listed in:

(1) Appendix I Appendix I

(2) Appendix II, and an Appendix-I species is not included in the recent lineage Appendix II

(3) Appendix III, and an Appendix-I or -II species is not included in the recent lineage Appendix III

§ 23.46 [Corrected] 28. On page 20241, in § 23.46, the first table is being reprinted in its entirety to read as follows:

Criteria for registering an Appendix-I breeding operation Section

(1) The operation breeds wildlife for commercial purposes. 23 .5

(2) The parental stock was legally acquired. 23.60

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Criteria for registering an Appendix-I breeding operation Section

(3) The wildlife meets bred-in-captivity criteria. 23 .63

(4) Where the establishment of a breeding operation involves the removal of animals from the wild (allowable only under ex- ceptional circumstances), the operation must demonstrate to the satisfaction of the Management Authority on advice of the Scientific Authority and of the Secretariat that the removal is or was not detrimental to the conservation of the species.

(5) The potential escape of specimens or pathogens from the facility may not pose a risk to the ecosystem and native species.

(6) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP. 23 .23

(7) The breeding operation will make a continuing, meaningful contribution to the conservation of the species, as warranted by the conservation needs of the species.

(8) The operation will be carried out at all stages in a humane (non-cruel) manner.

29. On the same page, in the same reprinted in its entirety to read as section, the second table is being follows:

Criteria for an export permit Section

(1) The specimen was bred at an Appendix-I breeding operation that is registered with the CITES Secretariat. 23.46

(2) The proposed export would not be detrimental to the survival of the species. 23 .61

(3) Live wildlife will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the spec- imen. 23 .23

§ 23.47 [Corrected] 30. On page 20242, in § 23.47, the table is being reprinted in its entirety to read as follows:

Criteria for an export permit Section

(1) The specimen was propagated for commercial purposes. 23 .5

(2) The parental stock was legally acquired. 23.60

(3) The proposed export would not be detrimental to the survival of the species. 23 .61

(4) The plant was artificially propagated. 23 .64

(5) The scientific name of the species is the standard nomenclature in the CITES Appendices or the references adopted by the CoP. 23 .23

(6) The live plant will be prepared and shipped so as to minimize risk of injury, damage to health, or cruel treatment of the specimen. 23 .23

§ 23.52 [Corrected] 31. On page 20245, in § 23.52, the table is being reprinted in its entirety to read as follows:

If Then

(i) The shipment has already oc- Provide copies of: curred (A) Any correspondence you have had with the shipper or importing country’s Management Authority concerning the shipment. (B) For wildlife, the validated CITES document and cleared Declaration for Importation or Exportation of Fish or Wildlife (Form 3–177). (C) For plants, the validated CITES document.

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If Then

(ii) The original CITES document Submit a signed, dated, and notarized statement that: no longer exists (A) Provides the CITES document number and describes the circumstances that resulted in the loss or destruction of the original CITES document. (B) States whether the shipment has already occurred. (C) Requests a replacement U.S. CITES document.

(iii) An original CITES document Submit the original damaged CITES document and a signed, dated, and notarized statement that: exists but has been damaged (A) Describes the circumstances that resulted in the CITES document being damaged. (B) States whether the shipment has already occurred. (C) Requests a replacement U.S. CITES document.

§ 23.55 [Corrected] 32. On pages 20246 and 20247, in § 23.55, the table is being reprinted in its entirety to read as follows:

If the species is listed in Allowed use after import

(a) Appendix I except for specimens imported with a CITES exemption The specimen may be used, including a transfer, donation, or ex- document listed in paragraph (d) of this section. change, only for noncommercial purposes. (b) Appendix II with an annotation for noncommercial use where other specimens of that species are treated as listed in Appendix I. (c) Appendix II and threatened under the ESA, except as provided in a special rule in §§ 17.40 through 17.48 or under a permit granted under §§ 17.32 or 17.52.

(d) Appendix I, specimens imported with a CITES exemption document The specimen may be used for any purpose, except if the regulations as follows: in this part or other parts of this subchapter allowed the import only (1) U.S.-issued certificate for personally owned wildlife. for noncommercial purposes, then the import and subsequent use (2) Pre-Convention certificate. must be only for noncommercial purposes. (3) Export permit or re-export certificate for wildlife from a reg- istered commercial breeding operation. (4) Export permit or re-export certificate for a plant from a reg- istered nursery or under a permit with a source code of ‘‘D.’’ (5) U.S.-issued traveling-exhibition certificate. (e) Appendix II, other than those in paragraphs (b) and (c) of this sec- tion. (f) Appendix III.

[FR Doc. C6–3444 Filed 5–1–06; 8:45 am] BILLING CODE 1505–01–D

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Part II

Department of Housing and Urban Development Public Housing Assessment System; Revision to the Financial Condition Scoring Process; Notice

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DEPARTMENT OF HOUSING AND inspection and downloading at http:// in the December 21, 2000, notice and URBAN DEVELOPMENT www.regulations.gov. determined not to revise the established thresholds. In August 2005 another [Docket No. FR–5066–N–01] FOR FURTHER INFORMATION: Contact the Office of Public and Indian Housing, analysis was conducted of the threshold Public Housing Assessment System; Real Estate Assessment Center (REAC), established in the December 21, 2000, Revision to the Financial Condition Attention: Wanda Funk, Department of notice and it was determined that a Scoring Process Housing and Urban Development, Real revision to the expense management Estate Assessment Center, 550 12th component was warranted. AGENCY: Office of the Assistant Street, SW., Suite 100, Washington, DC Secretary for Public and Indian II. Appendix 2, Expense Management, 20410; telephone the PIH–REAC Housing, HUD. Revision Technical Assistance Center at (888) ACTION: Notice. 245–4860 (this is a toll free number). The analysis of the thresholds Persons with hearing or speech conducted in August 2005 is based on SUMMARY: This notice provides the financial information submitted by information to public housing agencies impairments may access this number through TTY by calling the toll-free PHAs with fiscal years ending March (PHAs) and members of the public about 31, 2004, June 30, 2004, September 30, HUD’s process for issuing scores under Federal Information Relay Service at (800) 877–8339. Additional information 2004, and December 31, 2004. As a the Financial Condition Indicator of the result of this analysis, it was determined Public Housing Assessment System is available from the PIH–REAC Internet site at http://www.hud.gov/reac/. that a revision to the expense (PHAS). This notice includes revised management thresholds was warranted, SUPPLEMENTARY INFORMATION: threshold values and associated points/ but not to the remaining component scores for the expense management I. Background thresholds for current ratio, months component of the Financial Condition expendable fund balance, tenants Indicator based on available data for HUD published the first Public Housing Assessment System; Financial receivable outstanding, occupancy loss PHAs with fiscal years ending March and net income and loss. The thresholds 31, 2004, June 30, 2004, September 30, Condition Scoring Process notice in the Federal Register on May 13, 1999 (64 for the five financial condition 2004, and December 31, 2004. The data components that will not be changed are analyzed is based on generally accepted FR 26222). HUD republished the notice to coincide with the June 22, 1999, included in Appendix 2, Thresholds for accounting principles (GAAP) Entity-Wide GAAP Scoring, of the information submitted by PHAs as part publication of the PHAS proposed rule. Subsequently, HUD revised the notice December 21, 2000, Public Housing of the financial data schedule Assessment System; Financial submission. twice to reflect additional changes to the financial scoring process. The third Condition Scoring Process. The table, DATES: Comment Due Date: June 1, notice was published on June 28, 2000 below, includes the new thresholds for 2006. (65 FR 40008), and the fourth notice was expense management. ADDRESSES: Interested persons are published on December 21, 2000 (65 FR The revised expense management invited to submit comments regarding 80685). This notice is an update of the thresholds included in this notice, and this rule to the Department of Housing financial condition scoring process the remaining five component and Urban Development, Office of notice published on December 21, 2000. thresholds included in the December 21, General Counsel, Regulations Division, In the December 21, 2000, notice HUD 2000, financial condition notice, which 451 Seventh Street, SW., Room stated that any changes to the scoring are based on a full year of unaudited 10276,Washington, DC 20410–0500. process and any modifications to the and audited financial data based on Interested persons also may submit thresholds would be communicated GAAP, will remain in effect for all comments electronically through The through a subsequent Federal Register unaudited and audited PHA financial Federal eRulemaking Portal at http:// notice. Accordingly, this notice updates submissions for PHAs with fiscal year www.regulations.gov. Commenters the December 21, 2000, notice and end on or after September 30, 2006, for should follow the instructions provided provides information on the revisions a three year period, unless the REAC on that site to submit comments made to the financial condition scoring finds a need for revisions. Any revisions electronically. process. HUD is revising the thresholds to the thresholds will be communicated Facsimile (FAX) comments are not based on a full year’s worth of through a notice. acceptable. In all cases, communications unaudited and available audited The expense management table can be must refer to the docket number and financial information. interpreted in the following manner: title. All comments and This change has been made in • Identify a size category for expense communications submitted to HUD will accordance with the threshold management; be available, without change, for public revaluation schedule set forth in the • The rows under that size category inspection and copying between 8 a.m. December 21, 2000, notice. The identify ranges of possible values for and 5 p.m. weekdays at the above December 21, 2000, notice stated that expense management; and address. Due to security measures at the the thresholds established in that notice • The column to the right labeled HUD Headquarters building, an advance would remain in effect for all unaudited ‘‘Points/Score’’ identifies the points/ appointment to review the public and audited PHA financial submissions scores that is awarded to each expense comments must be scheduled by calling for PHAs for a three year period, unless management value for that size category. the Regulations Division at (202) 708– REAC found a need for revisions. In The thresholds presented here have 3055 (this is not a toll-free number). October 2001, July 2003, November been rounded for presentation purposes, Copies of comments submitted 2004, and May 2005, REAC conducted whereas those used to calculate scores electronically are available for an analysis of the thresholds established at the REAC are not rounded.

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EXPENSE MANAGEMENT (EM)

Low medium and Region Very small and small high medium Large and extra large Points/score

0 ...... EM<$112.39 ...... EM<$108.52 ...... EM<$128.15 ...... 1.5 0 ...... EM≥$112.39 ...... EM≥$108.52 ...... EM≥$128.15 ...... 0 1 ...... EM<$114.12 ...... EM<$107.69 ...... EM<$112.87 ...... 1.5 1 ...... EM≥$114.12 ...... EM≥$107.69 ...... EM≥$112.87 ...... 0 2 ...... EM<$94.59 ...... EM<$118.23 ...... EM<$117.07 ...... 1 .5 2 ...... EM≥$94.59 ...... EM≥$118.23 ...... EM≥$117.07 ...... 0 3 ...... EM<$89.22 ...... EM<$86.68 ...... EM<$101.71 ...... 1.5 3 ...... EM≥$89.22 ...... EM≥$86.68 ...... EM≥$101.71 ...... 0 4 ...... EM<$91.51 ...... EM<$97.55 ...... EM<$103.73 ...... 1.5 4 ...... EM≥$91.51 ...... EM≥$97.55 ...... EM≥$103.73 ...... 0 5 ...... EM<$86.66 ...... EM<$95.36 ...... EM<$110.68 ...... 1.5 5 ...... EM≥$86.66 ...... EM≥$95.36 ...... EM≥$110.68 ...... 0 6 ...... EM<$79.96 ...... EM<$82.36 ...... EM<$122.17 ...... 1.5 6 ...... EM≥$79.96 ...... EM≥$82.36 ...... EM≥$122.17 ...... 0 7 ...... EM<$99.87 ...... EM<$71.81 ...... EM<$86.02 ...... 1 .5 7 ...... EM≥$99.87 ...... EM≥$71.81 ...... EM≥$86.02 ...... 0 8 ...... EM<$111.02 ...... EM<$133.50 ...... EM<$97.86 ...... 1 .5 8 ...... EM≥$111.02 ...... EM≥$133.50 ...... EM≥$97.86 ...... 0 9 ...... EM<$120.96 ...... EM<$109.90 ...... EM<$136.55 ...... 1.5 9 ...... EM≥$120.96 ...... EM≥$109.90 ...... EM≥$136.55 ...... 0

Dated: April 24, 2006. Orlando J. Cabrera, Assistant Secretary for Public and Indian Housing. [FR Doc. 06–4086 Filed 5–1–06; 8:45 am] BILLING CODE 4210–67–P

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Part III

The President Proclamation 8008—Asian/Pacific American Heritage Month, 2006

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Federal Register Presidential Documents Vol. 71, No. 84

Tuesday, May 2, 2006

Title 3— Proclamation 8008 of April 28, 2006

The President Asian/Pacific American Heritage Month, 2006

By the President of the United States of America

A Proclamation During Asian/Pacific American Heritage Month, we honor and celebrate the millions of Asian/Pacific Americans whose contributions have helped make America a strong, vibrant, and free society. Asian/Pacific Americans represent many nations and ethnicities, each with its own culture, heritage, language, and experience. Across our country, this diverse group of people has excelled in all walks of life. Their talent and hard work have added to the success and prosperity of our Nation and helped make America a leader in the world. They have helped shape America’s character and identity through their strong values, love of family, and commitment to community. America is especially grateful to the many Asian/Pacific Americans who have courageously answered the call to defend freedom as members of our Armed Forces. The sacrifices of these brave men and women help preserve the ideals of our country’s founding and make the world a safer place. To honor the achievements and contributions of Asian/Pacific Americans, the Congress, by Public Law 102–450 as amended, has designated the month of May each year as ‘‘Asian/Pacific American Heritage Month.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 2006 as Asian/Pacific American Heritage Month. I call upon the people of the United States to learn more about the history of Asian/Pacific Americans and their role in our national story and to observe this month with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of April, in the year of our Lord two thousand six, and of the Independ- ence of the United States of America the two hundred and thirtieth. W

[FR Doc. 06–4181 Filed 5–1–06; 8:50 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 71, No. 84 Tuesday, May 2, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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. 27 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 4...... 25748 19...... 25752 The United States Government Manual 741–6000 8007...... 25735 8008...... 25917 40...... 25752 Other Services Executive Orders: Proposed Rules: Electronic and on-line services (voice) 741–6020 12820 (Revoked by 9...... 25795 Privacy Act Compilation 741–6064 EO 13401)...... 25737 Public Laws Update Service (numbers, dates, etc.) 741–6043 13067 (See EO 33 CFR TTY for the deaf-and-hard-of-hearing 741–6086 13400) ...... 25483 207...... 25502 13400...... 25483 Proposed Rules: 13401...... 25737 ELECTRONIC RESEARCH 100...... 25523, 25526 7 CFR 151...... 25798 World Wide Web 305...... 25487 Full text of the daily Federal Register, CFR and other publications 319...... 25487 36 CFR is located at: http://www.gpoaccess.gov/nara/index.html 1001...... 25495 Proposed Rules: 1005...... 25495 Federal Register information and research tools, including Public Ch. I ...... 25528 1006...... 25495 Inspection List, indexes, and links to GPO Access are located at: 242...... 25528 1007...... 25495 http://www.archives. gov/federallregister/ 1030...... 25495 40 CFR E-mail 1032...... 25495 Ch. I ...... 25504 1033...... 25495 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1124...... 25495 63...... 25753 an open e-mail service that provides subscribers with a digital 1126...... 25475 80...... 25706 form of the Federal Register Table of Contents. The digital form 1131...... 25495 Proposed Rules: of the Federal Register Table of Contents includes HTML and 1924...... 25739 52...... 25800 PDF links to the full text of each document. 63...... 25531, 25802 To join or leave, go to http://listserv.access.gpo.gov and select 10 CFR 80...... 25727 Online mailing list archives, FEDREGTOC-L, Join or leave the list 72...... 25740 (or change settings); then follow the instructions. Proposed Rules: 42 CFR PENS (Public Law Electronic Notification Service) is an e-mail 72...... 25782 Proposed Rules: 411...... 25654 service that notifies subscribers of recently enacted laws. 12 CFR 414...... 25654 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1412...... 25743 424...... 25654 and select Join or leave the list (or change settings); then follow 14 CFR the instructions. 48 CFR 39...... 25744 FEDREGTOC-L and PENS are mailing lists only. We cannot Ch. 30 ...... 25759 respond to specific inquiries. Proposed Rules: 39 ...... 25510, 25783, 25785, 52...... 25507 Reference questions. Send questions and comments about the 25787, 25789, 25793 Federal Register system to: [email protected] 49 CFR The Federal Register staff cannot interpret specific documents or 15 CFR Proposed Rules: regulations. 774...... 25746 27...... 25544 37...... 25544 16 CFR FEDERAL REGISTER PAGES AND DATE, MAY 38...... 25544 Proposed Rules: 541...... 25803 25483–25738...... 1 310...... 25512 25739–25918...... 2 21 CFR 50 CFR 210...... 25747 648...... 25781 679...... 25508, 25781 23 CFR Proposed Rules: Proposed Rules: 13...... 25894 657...... 25516 23...... 25894 658...... 25516 100...... 25528 216...... 25544 26 CFR 660...... 25558 1...... 25747 680...... 25808

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REMINDERS published 3-13-06 [FR 06- comments due by 5-12- Pesticides; tolerances in food, The items in this list were 02367] 06; published 3-13-06 [FR animal feeds, and raw editorially compiled as an aid Potato research and promotion E6-03518] agricultural commodities: to Federal Register users. plan; comments due by 5-8- Air pollutants, hazardous; Ethylenediaminetetraacetic Inclusion or exclusion from 06; published 3-7-06 [FR national emission standards: acid chemicals; comments this list has no legal 06-02117] Hazardous waste due by 5-8-06; published significance. AGRICULTURE combustors; comments 3-8-06 [FR 06-02106] DEPARTMENT due by 5-8-06; published Flumiclorac pentyl; 3-23-06 [FR 06-02703] comments due by 5-8-06; RULES GOING INTO Commodity Credit Corporation Air programs: published 3-8-06 [FR 06- EFFECT MAY 2, 2006 Export programs: Ambient air quality 02151] Commodities procurement standards, national— Spinosad; comments due by COMMERCE DEPARTMENT for foreign donation; Open Exceptional events; data 5-8-06; published 3-8-06 Industry and Security for comments until further treatment; comments [FR 06-01939] Bureau notice; published 12-16-05 due by 5-9-06; Toxic substances: Export administration [FR E5-07460] published 3-10-06 [FR Chemicals of interest to regulations: 06-02179] AGRICULTURE Occupational Safety and Commerce Control List— DEPARTMENT Stratospheric ozone Health Administration; in protection— vitro dermal absorbtion Calculating computer Food Safety and Inspection rate testing requirements; performance; new Service Aircraft fire extinguishing formula implementation; vessels containing comments due by 5-12- Freedom of information and adjusted peak halon-1301; importation 06; published 4-12-06 [FR public information: performance in reporting and 06-03491] weighted Tera/FLOPS; Meat or poultry product recordkeeping Polymer premanufacture Bulgaria; XP and MT recalls; retail consignees; requirements; comments notification exemption Controls; correction; lists availability; comments due by 5-11-06; rule— due by 5-8-06; published published 5-2-06 published 4-11-06 [FR Perfluorinated polymers; 3-7-06 [FR 06-02125] ENVIRONMENTAL 06-03461] exclusion; comments PROTECTION AGENCY COMMERCE DEPARTMENT Aircraft fire extinguishing due by 5-8-06; Air quality implementation National Oceanic and vessels containing published 3-7-06 [FR plans; approval and Atmospheric Administration halon-1301; importation 06-02152] promulgation; various Fishery conservation and reporting and Significant new uses— States: management: recordkeeping Perfluoroalkyl sulfonates; Virginia; published 3-3-06 Alaska; fisheries of requirements; comments comments due by 5-10- due by 5-11-06; HEALTH AND HUMAN Exclusive Economic 06; published 4-10-06 Zone— published 4-11-06 [FR [FR 06-03400] SERVICES DEPARTMENT 06-03462] Bering Sea and Aleutian FEDERAL Food and Drug Essential use allowances Islands king and tanner COMMUNICATIONS Administration allocation; comments crab; comments due by COMMISSION Human drugs: due by 5-11-06; 5-9-06; published 4-24- Common carrier services: Current good manufacturing 06 [FR E6-06030] published 4-11-06 [FR practices— E6-05329] Telephone Consumer Alaska; fisheries of Investigational new drugs; Protection Act; Exclusive Economic Air quality implementation Phase 1 drugs implementation; comments Zone— plans: exemption; withdrawan; Preparation, adoption, and due by 5-11-06; published published 5-2-06 Bering Sea and Aleutian 4-26-06 [FR E6-06022] Islands groundfish, crab, submittal— TRANSPORTATION 8-hour ozone national Radio stations; table of salmon and scallop; assignments: DEPARTMENT comments due by 5-8- ambient air quality Federal Aviation 06; published 3-22-06 standard; Arkansas and Missouri; Administration [FR 06-02706] implementation; public comments due by 5-8-06; Airworthiness directives: hearing; comments due published 4-12-06 [FR E6- West Coast States and 05110] Brantly International, Inc.; Western Pacific by 5-12-06; published published 4-17-06 fisheries— 3-27-06 [FR 06-02909] HEALTH AND HUMAN General Electric Co.; Pacific Coast groundfish; Preparation, adoption, SERVICES DEPARTMENT published 4-17-06 comments due by 5-11- submittal— Food and Drug 06; published 4-11-06 Corn milling facilities; Administration [FR 06-03468] prevention of significant Medical devices: COMMENTS DUE NEXT deterioration, COMMODITY FUTURES Orthopedic devices— WEEK nonattainment new TRADING COMMISSION source review; Intervertebral body fusion AGRICULTURE Securities futures products: comments due by 5-8- device; reclassification; DEPARTMENT Debt securities indexes and 06; published 3-9-06 comments due by 5-10- Agricultural Marketing security futures on debt [FR 06-02148] 06; published 2-9-06 [FR E6-01736] Service securities; application of Air quality implementation National Organic Program: narrow-based security plans; approval and HOMELAND SECURITY index definition; comments Organic and nonorganic promulgation; various DEPARTMENT due by 5-10-06; published product use (livestock) States: Customs and Border 4-10-06 [FR 06-03188] Harvey v. Johanns; Arizona; comments due by Protection Bureau revisions; comments due ENVIRONMENTAL 5-12-06; published 4-12- Dominican Republic-Central by 5-12-06; published 4- PROTECTION AGENCY 06 [FR 06-03405] America Free Trade 27-06 [FR 06-04006] Acquisition regulations: California; comments due by Agreement: Olives grown in California; Simplified acquisition 5-11-06; published 4-11- Preferential tariff treatment; comments due by 5-12-06; procedures financing; 06 [FR 06-03401] retroactive application;

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comments due by 5-8-06; Debt securities indexes and due by 5-8-06; published 3-7-06 [FR 06- security futures on debt published 11-23-05 [FR 02070] securities; application of 05-23109] LIST OF PUBLIC LAWS HOMELAND SECURITY narrow-based security Fuel tank flammability index definition; comments reduction; comments DEPARTMENT This is a continuing list of due by 5-10-06; published due by 5-8-06; Coast Guard public bills from the current 4-10-06 [FR 06-03188] published 3-21-06 [FR Drawbridge operations: session of Congress which E6-04025] Massachusetts; comments SOCIAL SECURITY have become Federal laws. It due by 5-8-06; published ADMINISTRATION Airworthiness standards: may be used in conjunction 4-6-06 [FR E6-04900] Federal claims collection: Special conditions— with ‘‘PLUS’’ (Public Laws HOUSING AND URBAN Federal salary offset; McDonnell Douglas Model Update Service) on 202–741– DEVELOPMENT comments due by 5-12- DC-8-72F airplanes; 6043. This list is also DEPARTMENT 06; published 3-13-06 [FR comments due by 5-11- available online at http:// E6-03509] 06; published 4-11-06 www.archives.gov/federal- Public and Indian housing: [FR 06-03423] register/laws.html. Indian housing block grant TRANSPORTATION Class E airspace; comments program; self-insurance DEPARTMENT due by 5-8-06; published 3- The text of laws is not plans; comments due by Federal Aviation 24-06 [FR 06-02878] published in the Federal 5-8-06; published 3-7-06 Administration Airworthiness directives: TREASURY DEPARTMENT Register but may be ordered [FR E6-03186] in ‘‘slip law’’ (individual Airbus; comments due by 5- Internal Revenue Service INTERIOR DEPARTMENT pamphlet) form from the 11-06; published 4-11-06 Fish and Wildlife Service Income taxes: Superintendent of Documents, [FR E6-05246] Endangered and threatened Escrow accounts, trusts, U.S. Government Printing species: Bombardier; comments due and other funds used Office, Washington, DC 20402 by 5-9-06; published 3-10- during deferred exchanges Flat-tailed horned lizard; (phone, 202–512–1808). The 06 [FR 06-02236] of like-kind property; comments due by 5-8-06; text will also be made public hearing; comments published 4-21-06 [FR E6- Empresa Brasileira de available on the Internet from due by 5-8-06; published 05895] Aeronautica S.A. GPO Access at http:// (EMBRAER); comments 2-7-06 [FR 06-01038] Migratory bird hunting and www.gpoaccess.gov/plaws/ due by 5-11-06; published conservation stamp (Federal TREASURY DEPARTMENT index.html. Some laws may 4-11-06 [FR 06-03440] Duck Stamp) contest; Currency and foreign not yet be available. regulations revision; Honeywell; comments due transactions; financial comments due by 5-12-06; by 5-8-06; published 3-8- reporting and recordkeeping H.R. 4979/P.L. 109–218 06 [FR E6-03260] requirements: published 4-12-06 [FR E6- Local Community Recovery McDonnell Douglas; Bank Secrecy Act; 05223] Act of 2006 (Apr. 20, 2006; comments due by 5-12- implementation— INTERIOR DEPARTMENT 120 Stat. 333) 06; published 3-28-06 [FR Money services Surface Mining Reclamation E6-04443] and Enforcement Office businesses; banking Last List April 17, 2006 Short Brothers; comments services provision; Permanent program and due by 5-8-06; published comments due by 5-9- abandoned mine land 4-12-06 [FR E6-05357] 06; published 3-10-06 reclamation plan Airworthiness standards: [FR E6-03373] submissions: Public Laws Electronic Special conditions— Dominican Republic-Central Notification Service Tennessee; comments due America Free Trade by 5-8-06; published 4-6- Airbus Model A380-800 (PENS) Agreement: 06 [FR 06-03260] airplane; comments due by 5-12-06; published Preferential tariff treatment; PERSONNEL MANAGEMENT 3-28-06 [FR 06-02973] retroactive application; PENS is a free electronic mail OFFICE comments due by 5-8-06; Airbus Model A380-800 notification service of newly Health benefits, Federal published 3-7-06 [FR 06- airplane; comments due enacted public laws. To employees: 02070] by 5-12-06; published subscribe, go to http:// Emergency health plan 3-28-06 [FR E6-04494] VETERANS AFFAIRS listserv.gsa.gov/archives/ discontinuance; comments Cessna Model 510 series DEPARTMENT publaws-l.html due by 5-8-06; published airplanes; comments Medical benefits: 3-7-06 [FR 06-02081] due by 5-8-06; Informed consent; time Note: This service is strictly Correction; comments due published 4-6-06 [FR period extension and for E-mail notification of new by 5-8-06; published 3- 06-03294] witness requirement laws. The text of laws is not 10-06 [FR C6-02081] Transport category modification for signature available through this service. SECURITIES AND airplanes— consent; comments due PENS cannot respond to EXCHANGE COMMISSION Fuel tank flammability by 5-8-06; published 3-9- specific inquiries sent to this Securities futures products: reduction; comments 06 [FR E6-03290] address.

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