12–7–05 Wednesday Vol. 70 No. 234 Dec. 7, 2005
Pages 72699–72880
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i II Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005
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Contents Federal Register Vol. 70, No. 234
Wednesday, December 7, 2005
Agency for Healthcare Research and Quality Education Department NOTICES NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Citizens’ Health Care Working Group, 72838–72839 Limited English proficient programs— Health Care Policy and Research Special Emphasis Panel, Native American and Alaska Native Children in School 72839 Program, 72791–72795 Postsecondary education— Agency for Toxic Substances and Disease Registry Gaining Early Awareness and Readiness for NOTICES Undergraduate Programs, 72795–72796 Organization, functions, and authority delegations: North American Mobility in Higher Education Program, Health Promotions and Community Involvement Branch 72796–72799 et al., 72839–72840 US-Brazil Higher Education Consortia Program, 72799– Superfund program: 72803 Hazardous substances priorities list (toxicological profiles), 72840–72842 Election Assistance Commission NOTICES Agricultural Marketing Service Meetings; Sunshine Act, 72803 RULES Melons grown in— Employment and Training Administration South Texas, 72699–72702 NOTICES Adjustment assistance; applications, determinations, etc.: Agriculture Department Cabinet Industries, Inc., 72853 See Agricultural Marketing Service Cardinal Health 200, Inc., 72853–72854 See Federal Crop Insurance Corporation Champion Laboratories, Inc., 72854 See Forest Service Diefendorf Gear, LLC, 72854 See Risk Management Agency J.E. Morgan Knitting Mills, 72854–72855 NOTICES Kone et al., 72855–72856 Agency information collection activities; proposals, La-Z-Boy Greensboro, Inc., 72856 submissions, and approvals, 72778–72780 Luhr Jensen & Sons, Inc., 72856 Merrill Corp., 72857–72858 Alcohol and Tobacco Tax and Trade Bureau Solectron Corp., 72858 RULES Alcohol; viticultural area designations: Energy Department Ramona Valley, San Diego County, CA, 72717–72720 See Federal Energy Regulatory Commission Sta. Rita Hills, Santa Barbara County, CA; name change, 72710–72713 Texoma; Montague, Cooke, Grayson and Fannin Counties, Environmental Protection Agency TX, 72713–72717 RULES Wahluke Slope, Grant County, WA, 72707–72710 Air quality implementation plans; approval and PROPOSED RULES promulgation; various States: Alcohol; viticultural area designations: Texas, 72720–72723 Tracy Hills, San Joaquin and Stanislaus Counties, CA, PROPOSED RULES 72733–72739 Air quality implementation plans; approval and Alcoholic beverages: promulgation; various States: Labeling and advertising; use of word pure or its variants, Colorado, 72741–72757 72731–72733 Texas, 72740–72741 Pesticides; tolerances in food, animal feeds, and raw Alcohol, Tobacco, Firearms, and Explosives Bureau agricultural commodities: Polymers; molecular weight limitations removed, 72757– NOTICES 72763 Agency information collection activities; proposals, NOTICES submissions, and approvals, 72850–72852 Air pollution control: State operating permits programs— Centers for Disease Control and Prevention Georgia, 72826–72827 NOTICES Pesticide, food, and feed additive petitions: Organization, functions, and authority delegations: Hercon Environmental, 72829–72831 Buildings and Facilities Office et al., 72842–72843 Jabb of the Carolinas, 72831–72833 Syngenta Crop Protection, Inc., 72834–72836 Commerce Department Pesticide programs: See International Trade Administration Risk assessments— See National Oceanic and Atmospheric Administration Azinphos-methyl, 72827–72829
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Federal Aviation Administration Colorado Interstate Gas Co., 72804–72805 RULES Columbia Gas Transmission Corp., 72805 Standard instrument approach procedures, 72703–72707 Consolidated Edison Co. of New York, Inc., et al., 72805– PROPOSED RULES 72806 Airworthiness directives: Discovery Gas Transmission LLC, 72806 Empresa Brasileira de Aeronautica S.A. (EMBRAER), Dominion Cove Point LNG, LP, 72806–72807 72726–72730 Eastern Shore Natural Gas Co., 72807 El Paso Natural Gas Co., 72807–72808 Federal Bureau of Investigation Empire State Pipeline et al., 72808 NOTICES Enbridge Pipelines (KPC), 72808–72809 Agency information collection activities; proposals, Exelon Corp. et al., 72809 submissions, and approvals, 72852–72853 Exelon Generation Corp., LLC, 72809–72810 Gas Transmission Northwest Corp., 72810 Federal Communications Commission Great Lakes Gas Transmission LP, 72810 RULES Liberty Power Maryland LLC, 72810–72811 Digital television stations; table of assignments: Millennium Pipeline Co., L.P, 72811 Digital television distributed transmission system Northern Natural Gas Co., 72811–72812 technologies, 72723–72724 Portland Natural Gas Transmission System, 72812 PROPOSED RULES Silverhill Ltd., 72812–72813 Digital television stations; table of assignments: Venice Gathering System, L.L.C., 72813 Digital television distributed transmission system Williston Basin Interstate Pipeline Co., 72813–72814 technologies, 72763–72775 NOTICES Federal Highway Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 72836–72837 Environmental statements; notice of intent: Sullivan County, TN, 72870–72871 Federal Crop Insurance Corporation NOTICES Federal Maritime Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 72780 Agreements filed, etc., 72837
Federal Emergency Management Agency Federal Reserve System NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Banks and bank holding companies: 9/11 Heroes Stamp Act of 2001 Assistance Program; Change in bank control, 72837 republication, 72845 Formations, acquisitions, and mergers, 72837–72838 Permissible nonbanking activities, 72838 Federal Energy Regulatory Commission PROPOSED RULES Federal Transit Administration Electric utilities (Fed. Power Act), natural gas companies NOTICES (Natural Gas Act), Natural Gas Policy Act, and oil Environmental statements; notice of intent: pipelines (Interstate Commerce Act): Honolulu, City and County, HI; Southern Corridor high- Contested audit matters; disposition procedures, 72730– capacity transit improvements, 72871–72873 72731 Fish and Wildlife Service NOTICES Complaints filed: PROPOSED RULES Duncan’s Point Lot Owners Association et al., 72814 Endangered and threatened species: Wisconsin Public Service Corp. et al., 72814–72815 Flat-tailed horned lizard, 72776 Electric rate and corporate regulation combined filings, Food and Drug Administration 72815–72817 NOTICES Environmental statements; availability, etc.: Agency information collection activities; proposals, S.D. Warren Co., 72817 submissions, and approvals, 72843–72844 United Water Conservation District, 72817–72818 Meetings: Yuba County Water Agency, 72818 Industry Exchange Workshop on Food and Drug Environmental statements; notice of intent: Administration Clinical Trial Requirements; Tennessee Gas Pipeline Co., 72818–72820 correction, 72844 Transcontinental Gas Pipe Line Corp., 72820–72822 Medical device quality systems regulation; risk Hydroelectric applications, 72822–72826 management, corrective and preventive actions, and Meetings: training; public workshop, 72844–72845 CenterPoint Energy-Mississippi River Transmission Corp; technical conference, 72826 Forest Service Electric Quarterly Reports Users Group, 72826 NOTICES Senior Executive Service, Performance Review Board; Meetings: membership, 72826 Resource Advisory Committees— Applications, hearings, determinations, etc.: Tehama County, 72780 American Electric Power Service Corp., 72803 CBK Group, LTD, 72803–72804 Health and Human Services Department Chandeleur Pipe Line Co., 72804 See Agency for Healthcare Research and Quality
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See Agency for Toxic Substances and Disease Registry National Credit Union Administration See Centers for Disease Control and Prevention RULES See Food and Drug Administration NCUA examiners; post-employment restrictions, 72702– See Health Resources and Services Administration 72703
Health Resources and Services Administration National Highway Traffic Safety Administration NOTICES NOTICES Meetings: Agency information collection activities; proposals, Childhood Vaccines Advisory Commission; correction, submissions, and approvals, 72874–72875 72845 Motor vehicle defect proceedings; petitions, etc.: Schneider, Miriam; petition denied, 72875–72876 Homeland Security Department See Federal Emergency Management Agency National Oceanic and Atmospheric Administration RULES Interior Department Fishery conservation and management: See Fish and Wildlife Service Atlantic highly migratory species— See Land Management Bureau Atlantic bluefin tuna, 72724–72725 See National Park Service PROPOSED RULES Fishery conservation and management: Internal Revenue Service West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 72777 NOTICES NOTICES Privacy Act; system of records, 72876–72878 Meetings: Alaska; non-American Fisheries Act trawl catcher/ International Trade Administration processor sector catch-monitoring standards; NOTICES workshop, 72791 Antidumping: Carbon and alloy steel wire rod from— National Park Service Various countries, 72781–72787 NOTICES Cut-to-length carbon-quality steel plate from— National Register of Historic Places; pending nominations, France, 72787–72788 72848–72850 Quick frozen red raspberries from— Chile, 72788–72789 National Science Foundation Stainless steel plate in coils from— NOTICES Belgium, 72789–72791 Agency information collection activities; proposals, submissions, and approvals, 72861–72862 Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Nuclear Regulatory Commission See Federal Bureau of Investigation NOTICES Regulatory guides; issuance, availability, and withdrawal, Labor Department 72862–72864 See Employment and Training Administration Public Debt Bureau Land Management Bureau NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 72878–72879 Devers-Palo Verde No. 2 Transmission Line Project, CA, 72845–72846 Risk Management Agency Realty actions; sales, leases, etc.: NOTICES Colorado, 72846–72847 Agency information collection activities; proposals, Resource management plans, etc.: submissions, and approvals, 72781 Humboldt County Coastal Lands, CA, 72847–72848 Securities and Exchange Commission Maritime Administration NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 72864–72865 submissions, and approvals, 72873–72874 Meetings; Sunshine Act, 72866–72867 Self-regulatory organizations; proposed rule changes: National Aeronautics and Space Administration Chicago Board Options Exchange, Inc., 72867–72870 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities; proposals, Applera Corp., 72865–72866 submissions, and approvals, 72858–72860 SJW Corp., 72866
National Archives and Records Administration Surface Transportation Board NOTICES NOTICES Agency information collection activities; proposals, Railroad services abandonment: submissions, and approvals, 72860–72861 Union Pacific Railroad Co., 72876
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Toxic Substances and Disease Registry Agency Treasury Department See Agency for Toxic Substances and Disease Registry See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service See Public Debt Bureau Transportation Department PROPOSED RULES See Federal Aviation Administration Privacy Act; implementation, 72739–72740 See Federal Highway Administration See Federal Transit Administration See Maritime Administration Reader Aids See National Highway Traffic Safety Administration Consult the Reader Aids section at the end of this issue for See Surface Transportation Board phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Aviation proceedings: Agreements filed; weekly receipts, 72870 To subscribe to the Federal Register Table of Contents Certificates of public convenience and necessity and LISTSERV electronic mailing list, go to http:// foreign air carrier permits; weekly applications, listserv.access.gpo.gov and select Online mailing list 72870 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 979...... 72699 12 CFR 796...... 72702 14 CFR 97 (2 documents) ...... 72703, 72705 Proposed Rules: 39...... 72726 18 CFR Proposed Rules: 41...... 72730 158...... 72730 286...... 72730 349...... 72730 27 CFR 9 (4 documents) ...... 72707, 72710, 72713, 72717 Proposed Rules: 4...... 72731 5...... 72731 7...... 72731 9...... 72733 31 CFR Proposed Rules: 1...... 72739 40 CFR 52...... 72720 Proposed Rules: 52 (3 documents) ...... 72740, 72741, 72744 180...... 72757 47 CFR 73...... 72723 Proposed Rules: 73...... 72763 50 CFR 635...... 72724 Proposed Rules: 17...... 72776 660...... 72777
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Rules and Regulations Federal Register Vol. 70, No. 234
Wednesday, December 7, 2005
This section of the FEDERAL REGISTER Avenue, SW., STOP 0237, Washington, purposes of this rule, these contains regulatory documents having general DC 20250–0237; telephone: (202) 720– requirements are referred to as handling applicability and legal effect, most of which 2491, Fax: (202) 720–8938. requirements. It also continues in effect are keyed to and codified in the Code of Small businesses may request indefinitely a suspension of assessment Federal Regulations, which is published under information on complying with this collection and reporting requirements 50 titles pursuant to 44 U.S.C. 1510. regulation by contacting Jay Guerber, under the order. An interim final rule The Code of Federal Regulations is sold by Marketing Order Administration published in the Federal Register on the Superintendent of Documents. Prices of Branch, Fruit and Vegetable Programs, November 26, 2004 (69 FR 68761), new books are listed in the first FEDERAL AMS, USDA, 1400 Independence suspended these requirements for the REGISTER issue of each week. Avenue, SW., STOP 0237, Washington, 2004–05 fiscal period to allow the South DC 20250–0237; telephone: (202) 720– Texas melon industry to evaluate the 2491, Fax: (202) 720–8938, or E-mail: need for the marketing order. A final DEPARTMENT OF AGRICULTURE [email protected]. rule was published in the Federal Register on February 23, 2005 (70 FR Agricultural Marketing Service SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement 8709). On September 7, 2005, the Committee recommended termination of 7 CFR Part 979 No. 156 and Order No. 979 (7 CFR part 979), regulating the handling of melons the order after a year of evaluation. An [Docket No. FV05–979–2 FIR] grown in South Texas, hereinafter interim final rule was published in the referred to as the ‘‘order.’’ The order is Federal Register on October 5, 2005, (70 Melons Grown in South Texas; effective under the Agricultural FR 57995) continuing indefinitely the Continued Suspension of Handling Marketing Agreement Act of 1937, as suspension of all regulatory and Assessment Collection requirements under the order while Regulations amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ USDA evaluates the Committee’s AGENCY: Agricultural Marketing Service, USDA is issuing this rule in recommendation to terminate the order. USDA. conformance with Executive Order Section 979.52 of the order provides ACTION: Final rule. 12866. authority for grade, size, maturity, This rule has been reviewed under quality, and pack regulations for any SUMMARY: The Department of Executive Order 12988, Civil Justice variety of melons grown in the Agriculture (USDA) is adopting, as a Reform. This rule is not intended to production area during any period. final rule, without change, an interim have retroactive effect. This rule will Section 979.52 also authorizes the final rule suspending the minimum not preempt any State or local laws, modification, suspension, or grade, quality, maturity, container, pack, regulations, or policies, unless they termination of regulations issued under inspection, assessment collection, and present an irreconcilable conflict with the order. Authority to terminate or other related requirements prescribed this rule. suspend provisions of the order is under the South Texas melon The Act provides that administrative specified in § 979.84. (cantaloupes and honeydews) marketing proceedings must be exhausted before Section 979.60 provides that order (order). It also continues in effect parties may file suit in court. Under whenever melons are regulated a suspension of all reporting section 608c(15)(A) of the Act, any pursuant to § 979.52, such melons must requirements under the order. The order handler subject to an order may file be inspected by the Federal-State regulates the handling of melons grown with USDA a petition stating that the Inspection Service, and certified as in South Texas and is administered order, any provision of the order, or any meeting the applicable requirements of locally by the South Texas Melon obligation imposed in connection with such regulations. The cost of such Committee (Committee). On September the order is not in accordance with law inspection and certification is borne by 7, 2005, the Committee recommended and request a modification of the order handlers. termination of the order. This rule or to be exempted therefrom. A handler Under the order, fresh market continues to relieve handlers of is afforded the opportunity for a hearing shipments of South Texas melons are regulatory requirements while the on the petition. After the hearing USDA required to be inspected and are subject USDA evaluates the Committee’s would rule on the petition. The Act to minimum grade, quality, maturity, recommendation to terminate the order. provides that the district court of the and container and pack requirements. DATES: Effective January 6, 2006. United States in any district in which Section 979.304 Handling regulation (7 FOR FURTHER INFORMATION CONTACT: the handler is an inhabitant, or has his CFR part 979.304) specifies minimum Martin J. Engeler, Senior Marketing or her principal place of business, has grade and quality requirements for the Specialist, Marketing Order jurisdiction to review USDA’s ruling on handling of cantaloupes and honeydew Administration Branch, Fruit and the petition, provided an action is filed melons. That section also specifies pack Vegetable Programs, AMS, USDA, 2202 not later than 20 days after the date of and container requirements for these Monterey Street, Suite 102–B, Fresno, the entry of the ruling. commodities. California 93721; telephone: (559) 487– This rule continues in effect Section 979.304 further includes a 5110, Fax: (559) 487–5906; or Kathleen indefinitely a suspension of the minimum quantity exemption of 120 M. Finn, Formal Rulemaking Team minimum grade, quality, maturity, pounds per day, and reporting and Leader, Marketing Order Administration container, pack, inspection, and other safeguard requirements for special Branch, Fruit and Vegetable Programs, related requirements prescribed under purpose and experimental shipments. AMS, USDA, 1400 Independence the South Texas melon order. For the Related provisions appear in the
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regulations in § 979.106 Registered takes several months to complete; value of production likely declined as handlers; § 979.152 Handling of culls; therefore, an interim final rule well. and § 979.155 Safeguards. continuing indefinitely the suspension The South Texas melon industry is At its September 16, 2004, meeting, of regulations was issued in the Federal characterized by growers and handlers the Committee unanimously Register at 70 FR 57995 on October 5, whose farming operations generally recommended suspending, for the 2005. That interim final rule also involve more than one commodity, and 2004–2005 fiscal period, the handling, suspended the one remaining reporting whose income from farming operations assessment collection, and all reporting requirement in effect regarding planted is not exclusively dependent on the requirements, except for the acreage acreage, as the Committee believes there production of melons. Alternative crops planting reporting requirement. The is no need to incur any costs or gather provide an opportunity to utilize many 2004–05 fiscal period began October 1, additional data. This final rule of the same facilities and equipment not 2004, and ended September 30, 2005. continues in effect the suspension of all in use when the melon production These requirements initially were regulatory requirements under the season is complete. For this reason, suspended pursuant to a rule published order. typical melon growers and handlers in the Federal Register on November 26, either double-crop melons during other 2004 (69 FR 68761). It was believed that Final Regulatory Flexibility Analysis times of the year or produce alternative the cost of inspection and certification Pursuant to requirements set forth in crops, like onions. and administering the order may exceed the Regulatory Flexibility Act (RFA), the Based on the SBA’s definition of the benefits. The regulations were Agricultural Marketing Service (AMS) small entities, it is estimated that all of suspended for one fiscal year so the has considered the economic impact of the seven handlers regulated by the industry would have time to evaluate this action on small entities. order would be considered small whether the order should be continued. Accordingly, AMS has prepared this entities if only their Spring melon Consistent with the suspension of final regulatory flexibility analysis. revenues are considered. However, § 979.304, also suspended for the 2004– The purpose of the RFA is to fit revenues from other productive 2005 fiscal year were § 979.106, regulatory actions to the scale of enterprises might push a number of these handlers above the $6,000,000 § 979.152, and § 979.155 of the rules and business subject to such actions in order regulations in effect under the order. annual receipt threshold. Of the 13 that small businesses will not be unduly Section 979.106 provides for the growers within the production area, few or disproportionately burdened. registration of handlers, § 979.152 have sufficient acreage to generate sales Marketing orders issued pursuant to the details procedures for the handling of in excess of $750,000; therefore, the Act, and the rules issued thereunder, are cull melons, and § 979.155 provides majority of growers may be classified as unique in that they are brought about safeguard requirements for special small entities. through group action of essentially purpose shipments and establishes At its September 16, 2004, meeting, small entities acting on their own reporting and recordkeeping the Committee unanimously behalf. Thus, both statutes have small requirements when such exemptions are recommended suspending, for the entity orientation and compatibility. in place. 2004–2005 fiscal period, the handling, In addition, § 979.219 requiring that During the 2004–05 marketing year, assessment collection, and all reporting an assessment rate of $0.09 per carton there were approximately seven requirements, except for the acreage of melons be collected from South Texas handlers of South Texas melons subject planting reporting requirement. The melon handlers was also suspended. to regulation under the marketing order Committee requested that the rule be Consistent with suspension of and approximately 13 melon growers in effective for the 2004–05 fiscal period, § 979.219, § 979.112 specifying late the regulated area. Small agricultural which began October 1, 2004, and ends payment charges on delinquent service firms are defined by the Small September 30, 2005. A rule was assessments was also suspended. Business Administration (SBA) (13 CFR published in the Federal Register on The Committee met on September 7, 121.201) as those having annual receipts November 26, 2004, suspending these 2005, to evaluate the industry situation of less than $6,000,000, and small requirements for the specified period since the regulations were suspended. agricultural growers are defined as those (69 FR 68762). A final rule was Planted acreage continued to decline, having annual receipts of less than published in the Federal Register on from 4,780 acres in 2003–04 to 2,364 $750,000. February 23, 2005 (70 FR 8709). acres in 2004–05. The number of melon Most of the handlers are vertically The objective of the handling and growers and handlers also continued to integrated corporations involved in inspection requirements is to ensure decline. During the 2003–04 season, growing, shipping, and marketing that only acceptable quality cantaloupe there were 29 growers and 16 handlers; melons. For the 2003–04 marketing and honeydew melons enter fresh in 2004–05 the number of known year, the industry’s 16 handlers shipped market channels, thereby ensuring growers decreased to 13 and handlers melons produced on 4,780 acres with consumer satisfaction, increasing sales, decreased to seven. In addition, no new the average and median volume handled and improving returns to growers. varieties were introduced to improve being 89,012 and 10,655 containers, While the industry continues to believe the quality and make the product more respectively. In terms of production that quality is an important factor in competitive with product from other value, total revenue for the 16 handlers maintaining sales, the Committee producing areas. In short, the industry was estimated to be $12,175,919, with believes that the cost of inspection and situation continues to worsen. The the average and median revenues being certification (mandated when minimum Committee believes that there is no $760,996 and $91,094, respectively. requirements are in effect) may exceed longer a need for the order, and Complete comparable data is not the benefits derived, especially in view therefore recommended its termination. available for the 2004–05 marketing of reduced melon acreage and yields in USDA is evaluating the Committee’s year, but based on a reduction of acreage recent years. recommendation. from 4,780 acres in 2003–04 to 1,364 The South Texas cantaloupe and The first suspension of regulations acres in 2004–05, and the reduced honeydew melon industry has been expired on September 30, 2005. The number of growers and handlers, it shrinking. South Texas historically had process to terminate a marketing order follows that the volume handled and the enjoyed a marketing window of
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approximately six weeks beginning The suspension of the assessment duplication by industry and public about May 1 each season. That window collection requirements for the 2004–05 sector agencies. has steadily eroded in recent years due season also resulted in some cost In addition, USDA has not identified to strong competition and quality savings. Assessment collections during any relevant Federal rules that problems in Texas melons. As a result, the 2003–04 season totaled $102,988. As duplicate, overlap or conflict with this acreage has decreased dramatically from a result of the suspension of § 979.219, rule. a high of 27,463 acres in 1987, to 4,780 no assessments were collected during Further, the Committee’s meeting was in 2004, and 1,364 acres in 2005. The the 2004–05 season. widely publicized throughout the melon number of producers and handlers also At its September 16, 2004, meeting, industry and all interested persons were has steadily declined. the Committee considered suspension of invited to attend the meeting and Underlying economics for the South the marketing order, but chose to participate in Committee deliberations. Texas melon industry did not justify continue receiving data on plantings for Like all Committee meetings, the continuing the regulations for 2004–05. a one-year period before deciding September 16, 2004, meeting and the Too little assessment revenue could be whether the order should be continued. September 7, 2005 meeting were public generated for an effective marketing and The Committee met on September 7, meetings and all entities, both large and promotion program, and buyer demands 2005, to evaluate the industry situation small, were able to express their views have superseded the regulations in since the regulations were suspended. on this issue. Finally, interested persons dictating quality requirements. Planted acreage continued to decline, were invited to submit information on Suspending the regulations enabled from 4,780 acres in 2003–04 to 2,364 acres in 2004–05. The number of melon the regulatory and informational handlers to ship melons without regard impacts of this action on small to the minimum grade, quality, growers and handlers also continued to decline. During the 2003–04 season, businesses. No comments were maturity, container, pack, inspection, received. and related requirements for the 2004– there were 29 growers and 16 handlers; in 2004–05 the numbers decreased to 13 05 fiscal period. It decreased industry An interim final rule concerning this and seven, respectively. In addition, no expenses associated with inspection and action was published in the Federal new varieties were introduced to assessments. Register on October 5, 2005. Copies of improve the quality and make South In addition, this rule also suspended, the rule were mailed by the Committee’s Texas melons more competitive with for the 2004–05 marketing year, staff to all Committee members and other producing areas. melon handlers. In addition, the rule § 979.219 requiring that an assessment The Committee believes that there is rate of $0.09 per carton of melons be was made available through the Internet no longer a need for the order, and by the USDA and the Office of the collected from South Texas melon therefore recommended its termination. handlers. Consistent with suspension of Federal Register. That rule provided for USDA is evaluating the Committee’s a 30-day comment period which ended § 979.219, § 979.112 specifying late recommendation. The first suspension payment charges on delinquent November 4, 2005. No comments were of regulations expired on September 30, received. assessments was also suspended. 2005. A subsequent interim final rule A small business guide on complying Authorization to assess melon handlers was published in the Federal Register enables the Committee to incur on October 5, 2005, (70 FR 57995) with fruit, vegetable, and specialty crop expenses that are necessary to suspending all regulatory requirements marketing agreements and orders may administer the marketing order. under the order, including the one be viewed at: http://www.ams.usda.gov/ With the suspension of handling, remaining reporting requirement in fv/moab.html. Any questions about the inspection, and assessment effect. This final rule continues in effect compliance guide should be sent to Jay requirements, a limited Committee the suspension of all regulatory Guerber at the previously mentioned budget was needed for program requirements indefinitely as USDA address in the FOR FURTHER INFORMATION administration and collection of acreage evaluates the Committee’s CONTACT section. planting reports. For the period of the recommendation to terminate the order. After consideration of all relevant suspension, the Committee In accordance with the Paperwork material presented, including the recommended a reduced budget of Reduction Act of 1995 (44 U.S.C. Committee’s recommendation, and $70,959 to cover anticipated expenses. Chapter 35), the information collection other information, it is found that the Adequate funds to cover these expenses requirements continuing to be regulations suspended in this final rule, were provided from the Committee’s suspended by this rule were approved which adopts, without change, the reserves. previously by the Office of Management interim final rule, as published in the The Committee anticipated that and Budget (OMB) and assigned OMB Federal Register (70 FR 57995) no suspending the regulations would not No. 0581–0178, Vegetable and Specialty longer tend to effectuate the declared negatively impact small businesses. The Crops. Suspension of all the reporting policy of the Act. suspension applied to minimum grade, requirements under the order is List of Subjects in 7 CFR Part 979 quality, maturity, container, pack, expected to reduce the reporting burden inspection, assessment collection, some on small or large South Texas melon Marketing agreements, Melons, reporting, and other related handlers by 24.90 hours, and should Reporting and recordkeeping requirements. Further, this rule allowed further reduce industry expenses. requirements. handlers and growers the choice to Handlers are no longer required to file obtain inspection for melons, as needed, any forms with the Committee. This rule PART 979—MELONS GROWN IN thereby reducing costs for the industry. will, thus, not impose any additional SOUTH TEXAS The total cost of inspection and reporting or recordkeeping requirements certification for fresh shipments of on either small or large melon handlers. I Accordingly, the interim final rule South Texas melons during the 2003–04 As with all Federal marketing order amending 7 CFR Part 979 which was marketing season was $46,000. These programs, reports and forms are published at 70 FR 57995 on October 5, costs were not incurred during the periodically reviewed to reduce 2005, is adopted as a final rule without 2004–2005 season. information requirements and change.
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Dated: December 1, 2005. The post-employment restrictions will year post-employment prohibition to Lloyd C. Day, apply to senior examiners starting apply to examiners with a ‘‘meaningful’’ Administrator, Agricultural Marketing December 17, 2005. For a year after relationship to the credit union.1 Service. leaving NCUA employment, senior Consistent with that intent, the final [FR Doc. 05–23707 Filed 12–6–05; 8:45 am] examiners will be prohibited from rule defines a ‘‘senior examiner’’ as an BILLING CODE 3410–02–P accepting employment with a federally NCUA employee, authorized as an insured credit union if they had examiner, who has continuing, broad, continuing, broad responsibility for and lead responsibility for examining a NATIONAL CREDIT UNION examination of that credit union for two particular federally insured credit ADMINISTRATION or more months during their last 12 union, routinely interacts with officers months of NCUA employment. or employees of the credit union, and 12 CFR Part 796 The final rule implements the devotes a substantial portion of his or statutory provisions by giving NCUA the her time to supervising or examining Post-Employment Restrictions for authority to issue administrative orders that credit union. Finally, the wording Certain NCUA Examiners removing a person from a position with of the final rule in section 796.3 has a federally insured credit union and been slightly modified to reflect that the AGENCY: National Credit Union barring further participation with that Administration (NCUA). cooling off period applies to a senior credit union or any federally insured examiner who performed work, ACTION: Final rule. credit union for up to five years. Also, including onsite or offsite work, for a SUMMARY: NCUA is adding a new part to the final rule implements the statute by federally insured credit union for a total NCUA’s regulations to implement new, imposing civil money penalties for of two months or more in his or her last post-employment restrictions that will violations of up to $250,000. The rule year of NCUA employment. also implements the statutory provision apply to certain senior NCUA examiners Regulatory Procedures starting December 17, 2005. The final authorizing the NCUA Board to grant rule prohibits senior NCUA examiners, waivers if the NCUA Chairman certifies Regulatory Flexibility Act for a year after leaving NCUA that granting the waiver would not The Regulatory Flexibility Act (RFA) employment, from accepting affect the integrity of NCUA’s requires NCUA to prepare an analysis to employment with a credit union if they supervisory program. describe any significant economic NCUA received eight comments: had continuing, broad responsibility for impact a rule may have on a substantial Three from national trade groups; one examination of that credit union for a number of small entities. NCUA from a state trade group; three from total of two or more months during their considers credit unions having less than Federal credit unions; and one from a last 12 months of NCUA employment. ten million dollars in assets to be small state-chartered credit union. Four of the DATES: Effective December 17, 2005. for purposes of RFA. Interpretive Ruling eight commenters fully supported the and Policy Statement (IRPS) 87–2 as FOR FURTHER INFORMATION CONTACT: proposed rule and believe NCUA amended by IRPS 03–2. The final rule Regina M. Metz, Staff Attorney, Office of properly implemented the new statutory prohibits senior examiners from General Counsel, at the above address or post-employment restrictions. accepting employment with a credit telephone (703) 518–6540. Two commenters thought the rule union if they had continuing, broad SUPPLEMENTARY INFORMATION: On should be less restrictive and two responsibility for examination of that December 17, 2004, Congress enacted commenters thought it should be more credit union for two or more months the Intelligence Reform Act, Public Law restrictive. Since the restrictions are during their last 12 months of NCUA 108–458, creating new, post- statutory, the regulation cannot be less employment. The NCUA has employment restrictions for certain restrictive. One commenter who thought determined and certifies that this final federal employees who examine banks the post-employment restriction should rule will not have a significant and credit unions. Public Law No. 108– be more restrictive supported a two-year economic impact on a substantial 458, § 6303(c), 118 Stat. 3754 (2004). cooling off period during which a senior number of small credit unions. The law amended the Federal Credit examiner could not work for the credit Accordingly, the NCUA has determined Union (FCU) Act and requires NCUA to union for which he or she had a that an RFA analysis is not required. prescribe a rule implementing this substantial role in the supervision. The section for federal examiners of other commenter who thought the Paperwork Reduction Act federally insured credit unions. 12 proposed rule should be stricter In accordance with the requirements U.S.C. 1786(w). The law also requires recommended NCUA expand the of the Paperwork Reduction Act of 1995 NCUA to consult to the extent it deems proposed ‘‘senior examiner’’ definition (PRA), NCUA may not conduct or necessary with the federal banking to include any examiners involved in a sponsor, and the respondent is not agencies. In July, the Board issued a credit union in the last 12 months of required to respond to, an information proposed rule with a 60-day comment their NCUA employment and at a collection unless it displays a currently period on post-employment restrictions minimum, examiners-in-charge. The valid Office of Management and Budget for certain NCUA examiners to commenter also proposed NCUA (OMB) control number. The Board has implement the amendments. 70 FR implement additional penalties for determined that the final rule does not 43800, Jul. 29, 2005. NCUA reviewed NCUA examiners seeking employment contain any information collections and, and considered all comments received with credit unions. therefore, no PRA number is required. and, except for two minor clarifications, The final rule retains the one-year is issuing the final rule unchanged from cooling off period as specified in the Executive Order 13132 the proposed rule. As with the proposed statute. The final rule also retains the Executive Order 13132 encourages rule, NCUA staff consulted with an definition of NCUA senior examiner to independent regulatory agencies to interagency group so that the final rule whom the restriction will apply with consider the impact of their actions on is consistent and comparable with the one wording change from final rule the Federal banking agencies ‘‘commissioned’’ to ‘‘authorized.’’ 12 1 150 CONG. REC. S10356 (daily ed. Oct. 4, 2004) are issuing. CFR 796.2. Congress intended the one- (statement of Sen. Levin).
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state and local interests. In adherence to 796.5 What are the penalties for violating (a) The individual ceased to be an fundamental federalism principles, these special post-employment NCUA employee on or before December NCUA, an independent regulatory restrictions? 17, 2005; or agency as defined in 44 U.S.C. 3502(5), 796.6 What other definitions and rules of (b) The Chairman of the NCUA Board construction apply for purposes of this voluntarily complies with the executive part? certifies in writing and on a case-by-case order. It will not have substantial direct basis that granting the senior examiner effects on the states, on the relationship Authority: 12 U.S.C. 1786(w). a waiver of the restrictions would not between the national government and § 796.1 What is the purpose and scope of affect the integrity of the NCUA’s the states, or on the distribution of this part? supervisory program. power and responsibilities among the This part identifies those National various levels of government. NCUA has § 796.5 What are the penalties for violating Credit Union Administration (NCUA) these special post-employment determined that this final rule does not employees who are subject to the restrictions? constitute a policy that has federalism special, post-employment restrictions in (a) Penalties under section 1786(w)(5) implications for purposes of the section 1786(w) of the Act and executive order. of the Act. An NCUA senior examiner implements those restrictions as they who violates the post-employment The Treasury and General Government apply to NCUA employees. restrictions set forth in § 796.3 can be: Appropriations Act, 1999—Assessment § 796.2 Who is considered a senior (1) Removed from participating in the of Federal Regulations and Policies on examiner of the NCUA? affairs of the relevant credit union and Families prohibited from participating in the For purposes of this part, an NCUA affairs of any federally insured credit The NCUA has determined that this employee is considered to be the union for a period of up to five years; final rule will not affect family well- ‘‘senior examiner’’ for a federally and, alternatively, or in addition, being within the meaning of section 654 insured credit union if the employee— (2) Assessed a civil monetary penalty of the Treasury and General (a) Has been authorized by NCUA to of not more than $250,000. Government Appropriations Act, 1999, conduct examinations or inspections of (b) Other penalties. The penalties in Public Law 105–277, 112 Stat. 2681 federally insured credit unions on paragraph (a) of this section are not (1998). behalf of NCUA; exclusive, and a senior examiner who (b) Has continuing, broad, and lead Small Business Regulatory Enforcement violates the restrictions in § 796.3 also responsibility for examining or Fairness Act may be subject to other administrative, inspecting that federally insured credit civil, and criminal remedies and The Small Business Regulatory union; penalties as provided in law. Enforcement Fairness Act of 1996 (Pub. (c) Routinely interacts with officers or L. 104–121) provides generally for employees of that federally insured § 796.6 What other definitions and rules of congressional review of agency rules. A credit union; and construction apply for purposes of this reporting requirement is triggered in (d) Devotes a substantial portion of part? instances where NCUA issues a final his or her time to supervising or For purposes of this part, a person rule as defined by Section 551 of the examining that federally insured credit shall be deemed to act as a ‘‘consultant’’ Administrative Procedure Act. 5 U.S.C. union. for a federally insured credit union or 551. The Office of Management and § 796.3 What special post-employment other company only if the person works Budget has determined that this rule is restrictions apply to senior examiners? directly on matters for, or on behalf of, not a major rule for purposes of the such credit union. Small Business Regulatory Enforcement (a) Senior examiners of federally [FR Doc. 05–23710 Filed 12–6–05; 8:45 am] Fairness Act of 1996. insured credit unions. An officer or employee of the NCUA who performs BILLING CODE 7535–01–P List of Subjects in 12 CFR Part 796 work (onsite or offsite) as the senior Conflicts of interest, Credit unions, examiner of a federally insured credit Ethical conduct, Government union for a total of two or more months DEPARTMENT OF TRANSPORTATION employees. during the last 12 months of individual’s employment with NCUA Federal Aviation Administration By the National Credit Union may not, within one year after leaving Administration Board on November 29, 2005. NCUA employment, knowingly accept 14 CFR Part 97 Mary F. Rupp, compensation as an employee, officer, [Docket No. 30466; Amdt. No. 3142] Secretary of the Board. director, or consultant from that credit I Accordingly, NCUA proposes to add a union. Standard Instrument Approach new 12 CFR part 796 as follows: (b) Example. An NCUA resident Procedures, Weather Takeoff corporate credit union examiner Minimums; Miscellaneous PART 796—POST–EMPLOYMENT assigned to work at a federally insured, Amendments RESTRICTIONS FOR CERTAIN NCUA corporate credit union for two or more EXAMINERS months during the last 12 months of AGENCY: Federal Aviation that individual’s employment with Administration (FAA), DOT. Sec. NCUA will be subject to the one-year ACTION: Final rule. 796.1 What is the purpose and scope of this prohibition of this section. part? SUMMARY: This amendment establishes, 796.2 Who is considered a senior examiner § 796.4 When do these special restrictions amends, suspends, or revokes Standard of the NCUA? become effective and may they be waived? 796.3 What special post-employment Instrument Approach Procedures restrictions apply to senior examiners? The post-employment restrictions in (SIAPs) and/or Weather Takeoff 796.4 When do these special restrictions section 1786(w) of the Act and § 796.3 Minimums for operations at certain become effective and may they be do not apply to any current or former airports. These regulatory actions are waived? NCUA employee, if: needed because of the adoption of new
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or revised criteria, or because of changes 25082 Oklahoma City, OK 73125) contained in the U.S. Standard for occurring in the National Airspace telephone: (405) 954–4164. Terminal Instrument Procedures System, such as the commissioning of SUPPLEMENTARY INFORMATION: This (TERPS). In developing these SIAPs new navigational facilities, addition of amendment to Title 14 of the Code of and/or Weather Takeoff Minimums, the new obstacles, or changes in air traffic Federal Regulations, Part 97 (14 CFR TERPS criteria were applied to the requirements. These changes are part 97), establishes, amends, suspends, conditions existing or anticipated at the designed to provide safe and efficient or revokes SIAPs and/or Weather affected airports. Because of the close use of the navigable airspace and to Takeoff Minimums. The complete and immediate relationship between promote safe flight operations under regulatory description of each SIAP these SIAPs and/or Weather Takeoff instrument flight rules at the affected and/or Weather Takeoff Minimums is Minimums and safety in air commerce, airports. contained in official FAA form I find that notice and public procedure before adopting these SIAPs and/or DATES: This rule is effective December 7, documents which are incorporated by 2005. The compliance date for each reference in this amendment under 5 Weather Takeoff Minimums are SIAP and/or Weather Takeoff U.S.C. 552(a), 1 CFR part 51, and 14 impracticable and contrary to the public Minimums is specified in the CFR part 97.20. The applicable FAA interest and, where applicable, that amendatory provisions. Forms are identified as FAA Forms good cause exists for making some The incorporation by reference of 8260–3, 8260–4, 8260–5 and 8260–15A. SIAPs and/or Weather Takeoff certain publications listed in the Materials incorporated by reference are Minimums effective in less than 30 regulations is approved by the Director available for examination or purchase as days. stated above. of the Federal Register as of December Conclusion 7, 2005. The large number of SIAPs and/or Weather Takeoff Minimums, their The FAA has determined that this ADDRESSES: Availability of matters complex nature, and the need for a regulation only involves an established incorporated by reference in the special format make their verbatim body of technical regulations for which amendment is as follows: publication in the Federal Register frequent and routine amendments are For Examination— expensive and impractical. Further, necessary to keep them operationally 1. FAA Rules Docket, FAA airmen do not use the regulatory text of current. It, therefore—(1) is not a Headquarters Building, 800 the SIAPs and/or Weather Takeoff ‘‘significant regulatory action’’ under Independence Avenue, SW., Minimums but refer to their depiction Executive Order 12866; (2) is not a Washington, DC 20591; on charts printed by publishers of ‘‘significant rule’’ under DOT 2. The FAA Regional Office of the aeronautical materials. Thus, the Regulatory Policies and Procedures (44 region in which the affected airport is advantages of incorporation by reference FR 11034; February 26, 1979); and (3) located; are realized and publication of the does not warrant preparation of a 3. The National Flight Procedures complete description of each SIAP and/ regulatory evaluation as the anticipated Office, 6500 South MacArthur Blvd., or Weather Takeoff Minimums impact is so minimal. For the same Oklahoma City, OK 73169 or, contained in FAA form documents is reason, the FAA certifies that this 4. The National Archives and Records unnecessary. The provisions of this amendment will not have a significant Administration (NARA). For amendment state the affected CFR economic impact on a substantial information on the availability of this sections, with the types and effective number of small entities under the material at NARA, call 202–741–6030, dates of the SIAPs and/or Weather criteria of the Regulatory Flexibility Act. or go to: http://www.archives.gov/ Takeoff Minimums. This amendment federal_register/ also identifies the airport, its location, List of Subjects in 14 CFR Part 97 code_of_federal_regulations/ _ the procedure identification and the Air Traffic Control, Airports, ibr locations.html. amendment number. Incorporation by reference, and For Purchase—Individual SIAP and Navigation (Air). Weather Takeoff Minimums copies may The Rule Issued in Washington, DC on November 18, be obtained from: This amendment to 14 CFR part 97 is 1. FAA Public Inquiry Center (APA– 2005. effective upon publication of each James J. Ballough, 200), FAA Headquarters Building, 800 separate SIAP and/or Weather Takeoff Director, Flight Standards Service. Independence Avenue, SW., Minimums as contained in the Washington, DC 20591; or transmittal. Some SIAP and/or Weather Adoption of the Amendment 2. The FAA Regional Office of the Takeoff Minimums amendments may I Accordingly, pursuant to the authority region in which the affected airport is have been previously issued by the FAA delegated to me, under Title 14, Code of located. in a Flight Data Center (FDC) Notice to Federal Regulations, Part 97 (14 CFR By Subscription—Copies of all SIAPs Airmen (NOTAM) as an emergency part 97) is amended by establishing, and Weather Takeoff Minimums mailed action of immediate flight safety relating amending, suspending, or revoking once every 2 weeks, are for sale by the directly to published aeronautical Standard Instrument Approach Superintendent of Documents, U.S. charts. The circumstances which Procedures and Weather Takeoff Government Printing Office, created the need for some SIAP, and/or Washington, DC 20402. Weather Takeoff Minimums Minimums effective at 0901 UTC on the FOR FURTHER INFORMATION CONTACT: amendments may require making them dates specified, as follows: Donald P. Pate, Flight Procedure effective in less than 30 days. For the PART 97—STANDARD INSTRUMENT Standards Branch (AFS–420), Flight remaining SIAPs and/or Weather APPROACH PROCEDURES Technologies and Programs Division, Takeoff Minimums, an effective date at Flight Standards Service, Federal least 30 days after publication is I 1. The authority citation for part 97 Aviation Administration, Mike provided. continues to read as follows: Monroney Aeronautical Center, 6500 Further, the SIAPs and/or Weather Authority: 49 U.S.C. 106(g), 40103, 40106, South MacArthur Blvd., Oklahoma City, Takeoff Minimums contained in this 40113, 40114, 40120, 44502, 44514, 44701, OK 73169 (Mail Address: P.O. Box amendment are based on the criteria 44719, 44721–44722.
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I 2. Part 97 is amended to read as Westhampton Beach, NY, Francis S. FR. No. 219, page 69273, dated November 15, follows: Gabreski, COPTER ILS OR LOC RWY 24, 2005). Under section 97.33 effective for 22 Amdt 2 December 2005, which is hereby corrected to * * * Effective December 22, 2005 Westhampton Beach, NY, Francis S. be effective for 24 November 2005: Mountain View, CA, Moffett Federal Afld, Gabreski, RNAV (GPS) RWY 24, Amdt 1 Portland, ME, Portland Intl Jetport, RNAV TACAN RWY 32R, Orig Eugene, OR, Mahlon Sweet Field, NDB RWY (GPS) RWY 11, Amdt 2 Mountain View, CA, Moffett Federal Afld, 16R, Amdt 29D, CANCELLED The FAA published an Amendment in TACAN RWY 32L, Orig Conway, SC, Conway-Horry County, RNAV Docket No. 30464 Amdt No. 3140 to Part 97 Mountain View, CA, Moffett Federal Afld, (GPS) RWY 22, Orig of the Federal Aviation Regulations (Vol 70, LOC/DME RWY 14L, Orig Conway, SC, Conway-Horry County, GPS FR No. 219, pages 69273 and 69274, dated Mountain View, CA, Moffett Federal Afld, RWY 22, Orig, CANCELLED November 15, 2005). Under Section 97.29 ILS OR LOC/DME RWY 32R, Orig Bristol/Johnson/Kingsport, TN, Tri-Cities effective 22 December 2005, which is hereby Mountain View, CA, Moffett Federal Afld, Rgnl TN/VA, Takeoff Minimums and corrected as follows: Textual DP, Amdt 6 Takeoff Minimums and Textual DP, Orig Greenwood, MS, Greenwood-LeFlore, VOR/ Union City, TN, Everett-Stewart, RNAV Colorado Springs, CO, Colorado Springs DME RNAV RWY 36, Amdt 3A, (GPS) RWY 19, Orig Muni, RNAV (GPS) RWY 35R, Amdt 1 CANCELLED Union City, TN, Everett-Stewart, RNAV Blakely, GA, Early County, LOC/NDB RWY Greenwood, MS, Greenwood-LeFlore, VOR/ (GPS) RWY 1, Orig 23, Orig DME RNAV RWY 18, Amdt 6A, Union City, TN, Everett-Stewart, NDB RWY Cartersville, GA, Cartersville, RNAV (GPS) CANCELLED RWY 1, Orig 1, Amdt 7 Cartersville, GA, Cartersville, RNAV (GPS) La Porte, TX, La Porte Muni, RNAV (GPS) [FR Doc. 05–23645 Filed 12–6–05; 8:45 am] RWY 19, Orig RWY 30, Amdt 1 BILLING CODE 4910–13–P Cartersville, GA, Cartersville, LOC RWY 19, Seattle, WA, Seattle-Tacoma Intl, ILS OR Amdt 3 LOC RWY 16L, Amdt 2, ILS RWY 16L Cartersville, GA, Cartersville, NDB RWY 19, (CAT II) DEPARTMENT OF TRANSPORTATION Amdt 4 * * * Effective January 19, 2006 Cartersville, GA, Cartersville, VOR/DME–A, Federal Aviation Administration Amdt 2 Owensboro, KY, Owensboro-Daviess County, Peru, IL, Illinois Valley Rgnl—Walter A. RNAV (GPS) RWY 36, Amdt 2 14 CFR Part 97 Duncan Field, NDB OR GPS RWY 18, * * * Effective February 16, 2006 Amdt 3, CANCELLED [Docket No. 30467; Amdt. No. 3143] Covington, KY, Cincinnati Northern Middleton Island, AK, Middleton Island, Kentucky International, NDB RWY 9, Amdt RNAV (GPS) RWY 1, Orig Standard Instrument Approach 15, CANCELLED Middleton Island, AK, Middleton Island, RNAV (GPS) RWY 19, Orig Procedures; Miscellaneous Lafayette, LA, Lafayette Regional, ILS OR Amendments LOC/DME RWY 4R, Orig Middleton Island, AK, Middleton Island, Marksville, LA, Marksville Municipal, RNAV VOR/DME RWY 19, Amdt 5 AGENCY: Federal Aviation (GPS) RWY 4, Orig-A Middleton Island, AK, Middleton Island, Administration (FAA), DOT. Hyannis, MA, Barnstable Muni-Boardman/ NDB–A, Orig–A, CANCELLED ACTION: Final rule. Polando Field, ILS OR LOC RWY 15, Amdt Middleton Island, AK, Middleton Island, VOR RWY 1, Amdt 2 3 SUMMARY: Chicago/Aurora, IL, Aurora Muni, RNAV This amendment amends Mosby, MO, Clay County Regional, NDB Standard Instrument Approach RWY 18, Amdt 2 (GPS) RWY 9, Amdt 1 Mosby, MO, Clay County Regional, RNAV Chicago/Aurora, IL, Aurora Muni, ILS OR Procedures (SIAPs) for operations at (GPS) RWY 18, Orig LOC RWY 9, Amdt 3 certain airports. These regulatory Mosby, MO, Clay County Regional, GPS RWY Indianapolis, IN, Indianapolis Intl, ILS OR actions are needed because of changes 18, Orig-D, CANCELLED LOC RWY 14, Amdt 5 occurring in the National Airspace Mosby, MO, Clay County Regional, RNAV Indianapolis, IN, Indianapolis Intl, ILS OR System, such as the commissioning of (GPS) RWY 36, Amdt 1 LOC RWY 5R, ILS RWY 5R (CAT II), ILS new navigational facilities, addition of Mosby, MO, Clay County Regional, Takeoff RWY 5R (CAT III), Amdt 4 new obstacles, or changes in air traffic Minimums and Textual DP, Orig Indianapolis, IN, Indianapolis Intl, ILS OR LOC RWY 23L, Amdt 4 requirements. These changes are Concord, NC, Concord Regional, ILS OR LOC designed to provide safe and efficient RWY 20, Amdt 2 Baton Rouge, LA, Baton Rouge Metropolitan Wadesboro, NC, Anson County, RNAV (GPS) Ryan Field, RNAV (GPS) RWY 31, Amdt use of the navigable airspace and to RWY 16, Orig 1A promote safe flight operations under Wadesboro, NC, Anson County, RNAV (GPS) St Paul, MN, St Paul Downtown Holman Fld, instrument flight rules at the affected RWY 34, Orig RNAV (GPS) RWY 14, Orig airports. Wadesboro, NC, Anson County, NDB RWY St Paul, MN, St Paul Downtown Holman Fld, RNAV (GPS) RWY 32, Orig DATES: This rule is effective December 7, 17, Amdt 2, CANCELLED 2005. The compliance date for each Wadesboro, NC, Anson County, GPS RWY St Paul, MN, St Paul Downtown Holman Fld, 17, Orig, CANCELLED NDB RWY 31, Amdt 8 SIAP is specified in the amendatory Wadesboro, NC, Anson County, GPS RWY St Paul, MN, St Paul Downtown Holman Fld, provisions. 35, Orig, CANCELLED GPS RWY 14, Orig, CANCELLED The incorporation by reference of Wadesboro, NC, Anson County, Takeoff Castroville, TX, Castroville Muni, RNAV certain publications listed in the Minimums and Textual DP, Amdt 1 (GPS) RWY 15, Orig–A regulations is approved by the Director McCook, NE, McCook Regional, LOC/DME Appleton, WI, Outagamie County Regional, of the Federal Register as of December RWY 12, Orig RNAV (GPS) RWY 3, Amdt 1 7, 2005. McCook, NE, McCook Regional, VOR RWY Appleton, WI, Outagamie County Regional, RNAV (GPS) RWY 21, Amdt 1 ADDRESSES: Availability of matter 30, Amdt 11 incorporated by reference in the Norfolk, NE, Karl Stefan Memorial, RNAV Appleton, WI, Outagamie County Regional, (GPS) RWY 19, Amdt 1A LOC BC RWY 21, Amdt 1, CANCELLED amendment is as follows: Manchester, NH, Manchester, ILS OR LOC Appleton, WI, Outagamie County Regional, For Examination— RWY 35; ILS RWY 35 (CAT II); ILS RWY VOR/DME RWY 21, Amdt 1 1. FAA Rules Docket, FAA 35 (CAT III), Amdt 1 The FAA published an Amendment in Headquarters Building, 800 Westhampton Beach, NY, Francis S. Docket No. 30464 Amdt No. 3140 to Part 97 Independence Ave, SW., Washington, Gabreski, ILS OR LOC RWY 24, Amdt 9 of the Federal Aviation Regulations (Vol. 70, DC 20591;
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2. The FAA Regional Office of the publication in the Federal Register body of technical regulations for which region in which affected airport is expensive and impractical. Further, frequent and routine amendments are located; or airmen do not use the regulatory text of necessary to keep them operationally 3. The National Flight Procedures the SIAPs, but refer to their graphic current. It, therefore—(1) is not a Office, 6500 South MacArthur Blvd., depiction on charts printed by ‘‘significant regulatory action’’ under Oklahoma City, OK 73169; or, publishers of aeronautical materials. Executive Order 12866; (2) is not a 4. The National Archives and Records Thus, the advantages of incorporation ‘‘significant rule’’ under DOT Administration (NARA). For by reference are realized and Regulatory Policies and Procedures (44 information on the availability of this publication of the complete description FR 11034; February 26, 1979); and (3) material at NARA, call 202–741–6030, of each SIAP contained in FAA form does not warrant preparation of a or go to: http://www.archives.gov/ documents is unnecessary. The regulatory evaluation as the anticipated federal_register/ provisions of this amendment state the impact is so minimal. For the same code_of_federal_regulations/ affected CFR sections, with the types reason, the FAA certifies that this ibr_locations.html. and effective dates of the SIAPs. This amendment will not have a significant For Purchase—Individual SIAP amendment also identifies the airport, economic impact on a substantial copies may be obtained from: its location, the procedure identification number of small entities under the 1. FAA Public Inquiry Center (APA– and the amendment number. criteria of the Regulatory Flexibility Act. 200), FAA Headquarters Building, 800 The Rule Independence Avenue, SW., List of Subjects in 14 CFR Part 97 Washington, DC 20591; or This amendment to 14 CFR part 97 is Air Traffic Control, Airports, 2. The FAA Regional Office of the effective upon publication of each Incorporation by reference, and region in which the affected airport is separate SIAP as amended in the Navigation (Air). located. transmittal. For safety and timeliness of By Subscription—Copies of all SIAPs, change considerations, this amendment Issued in Washington, DC on November 18, mailed once every 2 weeks, are for sale incorporates only specific changes 2005. by the Superintendent of Documents, contained for each SIAP as modified by James J. Ballough, U.S. Government Printing Office, FDC/P–NOTAMs. Director, Flight Standards Service. Washington, DC 20402. The SIAPs, as modified by FDC P– Adoption of the Amendemnt FOR FURTHER INFORMATION CONTACT: NOTAM, and contained in this Donald P. Pate, Flight Procedure amendment are based on the criteria contained in the U.S. Standard for I Accordingly, pursuant to the authority Standards Branch (AFS–420), Flight delegated to me, Title 14, Code of Technologies and Programs Division, Terminal Instrument Procedures (TERPS). In developing these chart Federal regulations, part 97, 14 CFR part Flight Standards Service, Federal 97, is amended by amending Standard Aviation Administration, Mike changes to SIAPs, the TERPS criteria were applied to only these specific Instrument Approach Procedures, Monroney Aeronautical Center, 6500 effective at 0901 UTC on the dates South MacArthur Blvd., Oklahoma City, conditions existing at the affected airports. All SIAP amendments in this specified, as follows: OK 73169 (Mail Address: P.O. Box rule have been previously issued by the 25082 Oklahoma City, OK 73125) FAA in a FDC NOTAM as an emergency PART 97—STANDARD INSTRUMENT telephone: (405) 954–4164. action of immediate flight safety relating APPROACH PROCEDURES SUPPLEMENTARY INFORMATION: This directly to published aeronautical I amendment to Title 14, Code of Federal charts. The circumstances which 1. The authority citation for part 97 Regulations, part 97 (14 CFR part 97) created the need for all these SIAP continues to read as follows: amends Standard Instrument Approach amendments requires making them Authority: 49 U.S.C. 106(g), 40103, 40106, Procedures (SIAPs). The complete effective in less than 30 days. 40113, 40114, 40120, 44502, 44514, 44701, regulatory description of each SIAP is Further, the SIAPs contained in this 44719, 44721–44722. contained in the appropriate FAA Form amendment are based on the criteria 8260, as modified by the the National contained in TERPS. Because of the I 2. Part 97 is amended to read as Flight Data Center (FDC)/Permanent close and immediate relationship follows: Notice to Airmen (P-NOTAM), which is between these SIAPs and safety in air By amending: § 97.23 VOR, VOR/ incorporated by reference in the commerce, I find that notice and public DME, VOR or TACAN, and VOR/DME amendment under 5 U.S.C. 552(a), 1 procedure before adopting these SIAPs or TACAN; § 97.25 LOC, LOC/DME, CFR part 51, and § 97.20 of the Code of are impracticable and contrary to the LDA, LDA/DME, SDF, SDF/DME; Federal Regulations. Materials public interest and, where applicable, § 97.27 NDB, NDB/DME; § 97.29 ILS, incorporated by reference are available that good cause exists for making these ILS/DME, ISMLS, MLS/DME, MLS/ for examination or purchase as stated SIAPs effective in less than 30 days. RNAV; § 97.31 RADAR SIAPs; § 97.33 above. RNAV SIAPs; and § 97.35 COPTER The large number of SIAPs, their Conclusion SIAPs, Identified as follows: complex nature, and the need for a The FAA has determined that this special format make their verbatim regulation only involves an established . . . Effective Upon Publication
FDC date State City Airport FDC No. Subject
11/03/05 .... TX Lubbock ...... Lubbock Preston Smith Intl ...... 5/0297 ILS OR LOC RWY 26, AMDT 3A. 11/07/05 .... ND Hillsboro ...... Hillsboro Muni ...... 5/0375 RNAV (GPS) RWY 34, ORIG-A. 11/07/05 .... ND Hillsboro ...... Hillsboro Muni ...... 5/0376 RNAV (GPS) RWY 16, ORIG-A. 11/15/05 .... FL Melbourne ...... Melbourne Intl ...... 5/0328 RNAV (GPS) RWY 27L, ORIG-A. 11/03/05 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 5/0232 ILS OR LOC RWY 36, AMDT 1C. 11/03/05 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 5/0233 RNAV (GPS) RWY 36, AMDT 1A. 11/03/05 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 5/0234 RADAR–1, AMDT 1C.
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FDC date State City Airport FDC No. Subject
11/03/05 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 5/0235 ILS OR LOC RWY 18, AMDT 1F. 11/03/05 .... SC Myrtle Beach ...... Myrtle Beach Intl ...... 5/0236 RNAV (GPS) RWY 18, AMDT 1C. 11/09/05 .... TN Chattanooga ...... Lovell Field ...... 5/0497 ILS OR LOC RWY 2, AMDT 7A. 11/15/05 .... OR Eugene ...... Mahlon Sweet Field ...... 5/0407 LOC/DME RWY 16L, ORIG-A. 11/15/05 .... OR Eugene ...... Mahlon Sweet Field ...... 5/0409 RNAV (GPS) RWY 16L, ORIG-A. 11/15/05 .... WA Pasco ...... Tri-Cities ...... 5/0394 VOR/DME RWY 30, AMDT 2A. 11/15/05 .... WA Pasco ...... Tri-Cities ...... 5/0395 ILS RWY 21R,.AMDT 10D. 11/15/05 .... WA Pasco ...... Tri-Cities ...... 5/0396 RNAV (GPS) RWY 30, ORIG-A. 11/08/05 .... IL Jacksonville ...... Jacksonville Muni ...... 5/0388 RNAV (GPS) RWY 31, ORIG-A. 11/08/05 .... IL Jacksonville ...... Jacksonville Muni ...... 5/0389 RNAV (GPS) RWY 4, ORIG-A. 11/08/05 .... IL Jacksonville ...... Jacksonville Muni ...... 5/0390 RNAV (GPS) RWY 22, ORIG-A. 11/08/05 .... SD Brookings ...... Brookings Muni ...... 5/0401 ILS OR LOC RWY 30, ORIG-A. 11/08/05 .... ND Dickinson ...... Dickinson-Theodore Roosevelt Re- 5/0402 ILS OR LOC RWY 32, AMDT 1A. gional. 11/08/05 .... OH Port Clinton ...... Carl R Keller Field ...... 5/0422 NDB RWY 27, AMDT 12A. 11/08/05 .... MN Minneapolis ...... Flying Cloud...... 5/0441 ILS OR LOC RWY 10R, AMDT 2B. 11/09/05 .... MN Minneapolis ...... Flying Cloud...... 5/0442 COPTER OR ILS RWY 10R, ORIG-C. 11/09/05 .... IL Champaign/Urbana ...... University of Illinois-Willard ...... 5/0485 GPS RWY 36, ORIG-B. 11/09/05 .... IL Champaign/Urbana ...... University of Illinois-Willard ...... 5/0487 VOR RWY 18, ORIG-A. 11/09/05 .... IL Champaign/Urbana ...... University of Illinois-Willard ...... 5/0488 ILS OR LOC RWY 32R, AMDT 11C. 11/09/05 .... IL Champaign/Urbana ...... University of Illinois-Willard ...... 5/0489 GPS RWY 18, ORIG-B. 11/09/05 .... IL Jacksonville ...... Jacksonville Muni ...... 5/0490 RNAV (GPS) RWY 13, ORIG-A. 11/15/05 .... IL Springfield ...... Abraham Lincoln Capital ...... 5/0636 ILS OR LOC RWY 31, AMDT 2A. 11/15/05 .... IL Springfield ...... Abraham Lincoln Capital ...... 5/0637 ILS OR LOC RWY 22, AMDT 8A. 11/15/05 .... IL Springfield ...... Abraham Lincoln Capital ...... 5/0638 ILS OR LOC RWY 4, AMDT 25A. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0412 ILS RWY 34, AMDT 10B. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0413 RNAV (GPS) RWY 5, ORIG-A. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0414 RNAV (GPS) RWY 16, ORIG-A. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0415 RNAV (GPS) RWY 23, ORIG-B. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0416 RNAV (GPS) RWY 34, ORIG-B. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0417 VOR/DME RWY 16, AMDT 4C. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0418 VOR/DME RWY 23, AMDT 6F. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0419 VOR/DME RWY 34, AMDT 5D. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0420 VOR RWY 5, AMDT 13E. 11/08/05 .... RI Providence ...... Theodore Francis Green State ...... 5/0421 VOR RWY 34, AMDT 4D. 11/17/05 .... NM Farmington ...... Four Corners Regional ...... 5/0438 ILS OR LOC ILS RWY 25, AMDT 7A. 11/17/05 .... NM Roswell ...... Roswell International Air Center .... 5/0464 LOC BC RWY 3, AMDT 9A. 11/17/05 .... NM Santa Fe ...... Santa Fe Muni ...... 5/0504 VOR/DME-A, AMDT 1B. 11/17/05 .... NM Santa Fe ...... Santa Fe Muni ...... 5/0506 VOR RWY 33, AMDT 9B.
[FR Doc. 05–23646 Filed 12–6–05; 8:45 am] the origin of their wines and to allow The Alcohol and Tobacco Tax and BILLING CODE 4910–13–P consumers to better identify wines they Trade Bureau (TTB) administers these may purchase. regulations. EFFECTIVE DATE: January 6, 2006. Part 4 of the TTB regulations (27 CFR DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: N. part 4) allows the establishment of A. Sutton, Regulations and Rulings definitive viticultural areas and the use Alcohol and Tobacco Tax and Trade of their names as appellations of origin Bureau Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., No. on wine labels and in wine advertisements. Part 9 of the TTB 27 CFR Part 9 158, Petaluma, CA 94952; telephone 415–271–1254. regulations (27 CFR part 9) contains the list of approved viticultural areas. [T.D. TTB–40; Re: Notice No. 46] SUPPLEMENTARY INFORMATION: Definition RIN 1513–AB01 Background on Viticultural Areas Section 4.25(e)(1)(i) of the TTB Establishment of the Wahluke Slope TTB Authority Viticultural Area (2005R–026P) regulations (27 CFR 4.25(e)(1)(i)) defines Section 105(e) of the Federal Alcohol a viticultural area for American wine as AGENCY: Alcohol and Tobacco Tax and Administration Act (the FAA Act, 27 a delimited grape-growing region Trade Bureau, Treasury. U.S.C. 201 et seq.) requires that alcohol distinguishable by geographical ACTION: Final rule; Treasury decision. beverage labels provide consumers with features, the boundaries of which have adequate information regarding product been recognized and defined in part 9 SUMMARY: This Treasury decision identity and prohibits the use of of the regulations. These designations establishes the Wahluke Slope misleading information on those labels. allow vintners and consumers to viticultural area in Grant County, The FAA Act also authorizes the attribute a given quality, reputation, or Washington. We designate viticultural Secretary of the Treasury to issue other characteristic of a wine made from areas to allow vintners to better describe regulations to carry out its provisions. grapes grown in an area to its
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geographical origin. The establishment Name Evidence government-owned lands surrounding of viticultural areas allows vintners to The eight USGS quadrangle maps the proposed Wahluke Slope describe more accurately the origin of used to describe the boundary of the viticultural area, in conjunction with their wines to consumers and helps proposed viticultural area label the the distinguishing viticultural features consumers to identify wines they may region within the proposed area and the of the area, makes the proposed purchase. Establishment of a viticultural nearby Hanford Reservation as boundary line the most appropriate for area is neither an approval nor an ‘‘Wahluke Slope.’’ Several commercial the proposed Wahluke Slope endorsement by TTB of the wine maps also label this region of southern viticultural area. produced in that area. Grant County as Wahluke Slope. Distinguishing Features Requirements The 2002 Washington Wine Grape Acreage Survey, compiled by the The Wahluke Slope region is situated Section 4.25(e)(2) of the TTB Washington Agricultural Statistics on the Columbia Plateau in eastern regulations outlines the procedure for Service, identifies the Wahluke Slope Washington, which is bordered by the proposing an American viticultural area area within the larger Columbia Valley Rocky Mountains on the north and east, and provides that any interested party viticultural area. Also, the April 19, the Blue Mountains to the south, and may petition TTB to establish a grape- 1999, edition of the ‘‘Hanford Reach,’’ a the Cascade Mountains to the west. The growing region as a viticultural area. USDOE publication, states that the proposed Wahluke Slope viticultural Section 9.3(b) of the TTB regulations Secretary of Energy proposed to area sits on the south-facing alluvial requires the petition to include— preserve a portion of the Wahluke Slope benchlands of the Saddle Mountains. • Evidence that the proposed area along the Columbia River. A Grant Topography viticultural area is locally and/or County tourism press release dated The proposed Wahluke Slope nationally known by the name specified March 24, 2004, describes the scenery viticultural area’s elevation varies from in the petition; and recreational opportunities in the • Wahluke Slope area. 425 feet along the Columbia River to Historical or current evidence that 1,480 feet on the south slope of the supports setting the boundary of the Boundary Evidence Saddle Mountains. Most of the proposed proposed viticultural area as the The Wahluke Slope sits on a mega area’s vineyards are between 425 feet petition specifies; and 1,000 feet in elevation. • alluvial plain, also known as an alluvial Evidence relating to the fan. The proposed boundary line The proposed Wahluke Slope geographical features, such as climate, encompasses the entire portion of the viticultural area is geographically soils, elevation, and physical features, mega fan potentially available for isolated from other wine production that distinguish the proposed vineyard development, including all areas in the State of Washington. viticultural area from surrounding areas; land held in private ownership and Wahluke Slope is bounded by the • A description of the specific small amounts of government-owned bedrock ridge of the Saddle Mountains, boundary of the proposed viticultural land. Also, the Wahluke Slope area is an the Columbia River, and government- area, based on features found on United isolated island of wine grape owned lands, providing isolation and a States Geological Survey (USGS) maps; production, with no known vineyards separate viticultural identity. and within five miles, in any direction, The proposed Wahluke Slope • A copy of the appropriate USGS beyond the proposed boundary line. viticultural area sits on a mega alluvial map(s) with the proposed viticultural Generally, lands to the east, south, fan, a single landform geographical area, area’s boundary prominently marked. and west of the proposed Wahluke extending 15 miles in length. Other Slope area’s boundary line are Federal- viticultural areas in Washington State Wahluke Slope Petition and owned or State-owned property, as have more diverse and complex Rulemaking noted on USGS maps of the area. To the landforms, with the possible exception General Background north, the Saddle Mountains flank the of the much smaller Red Mountain proposed area’s 1,480-foot boundary viticultural area (27 CFR 9.167). The Wahluke Slope Wine Grape line. The south-facing Wahluke Slope Growers Association, represented by To the southeast of the proposed landform has relatively flat agricultural Alan J. Busacca, Ph.D., proposed the Wahluke Slope viticultural area, the sites that allow for viticultural establishment of the 81,000-acre land has a high water table, cold air uniformity in plant vigor and ripening. Wahluke Slope viticultural area. pockets, and frost, which create an The mega fan eventually drops away Located in southern Grant County in environment unsuitable for vineyard several hundred feet on three sides, eastern Washington State, the Wahluke production. To the south of the providing good air drainage that Slope area is approximately 145 miles proposed boundary is the Hanford minimizes spring and fall freezes in the southeast of Seattle and immediately Reservation. The classified activities area. north of the Hanford Reservation of the and history of this USDOE reservation Soils United States Department of Energy make it unsuitable for agricultural (USDOE). The proposed Wahluke Slope development. To the west of the Ice-age events played an important area is also entirely within the existing Wahluke Slope area, and across the role in the formation of soils in the Columbia Valley viticultural area (27 Columbia River, are steeply sloping, proposed viticultural area. When the CFR 9.74). rugged canyons. The soils there are Lake Missoula glacial ice dam The major distinguishing features of shallow, stony, and unsuitable for any repeatedly failed, large water floods the proposed Wahluke Slope crop. Also, to the north, beyond the flowed across eastern Washington viticultural area include its single proposed area’s 1,480-foot boundary depositing gravel bars and fine-grained landform and geographic isolation, line, the Saddle Mountains have high sandy and silty sediments. Winds distinctive soil patterns, and unique elevation bedrock slopes, no irrigation reworked the glacial sediments to form climatic characteristics. We summarize access, and non-agricultural soils. dunes of sand and loess (the silty below the evidence submitted in The combination of terrain with sediment accumulated from the fallout support of the petition. unsuitable growing conditions and of dust). These sediments range in
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thickness from a few inches to many temperature is above 50 degrees viticultural area, the name ‘‘Wahluke’’ feet deep. Soils of the proposed Fahrenheit, which is the minimum standing alone will be considered a term Wahluke Slope viticultural area have temperature required for grapevine of viticultural significance because formed predominantly from deep wind- growth, is counted as one degree-day consumers and vintners could blown sand, averaging greater than 60 (see ‘‘General Viticulture,’’ Albert J. reasonably attribute the quality, inches in depth. To a lesser extent, some Winkler, University of California Press, reputation, or other characteristic of soils have formed from the wind-blown 1975). In addition, the Wahluke Slope wine made from grapes grown in the sand or silty loess sediments of the giant region ranks third highest in mean Wahluke Slope viticultural area to the glacial floods. maximum temperature, mean annual name Wahluke itself. Consequently, Wahluke Slope soils are distinctive by temperature, and solar radiation, wine bottlers using ‘‘Wahluke Slope’’ or their uniformity over large areas. The according to PAWS data. These ‘‘Wahluke’’ in a brand name, including Quincy-Burbank-Hezel soil series, temperatures confirm Wahluke Slope as a trademark, or in another label which covers more than half the a grape-growing hot spot within reference as to the origin of the wine, proposed viticultural area, encompasses Washington State. must ensure that the product is eligible a contiguous area of several square Finally, Wahluke Slope is the third to use the viticultural area’s name as an miles as documented in the Soil Survey windiest site evaluated, which affects appellation of origin. of Grant County, Washington, (Gentry, grape plant growth, causing shorter 1984) on map sheets 163, 164, and 169. shoot length, smaller leaf size, and For a wine to be eligible to use as an This uniformity contrasts with the soil fewer and smaller grape clusters. appellation of origin, a viticultural area variability of some nearby regions, name or other term specified as being including the Red Mountain viticultural Notice of Proposed Rulemaking and viticulturally significant in part 9 of the area and the Canoe Ridge area of the Comments Received TTB regulations, at least 85 percent of Horse Heaven Hills region. Other soils On May 19, 2005, TTB published a the grapes used to make the wine must series within the proposed boundaries notice of proposed rulemaking regarding have been grown within the area documented in the Soil Survey of Grant the establishment of the Wahluke Slope represented by that name or other term, County include the Sagemoor- viticultural area in the Federal Register and the wine must meet the other Kennewick-Warden, the Taunton- (70 FR 28861) as Notice No. 46. In that conditions listed in 27 CFR 4.25(e)(3). If Timmerman-Quincy, and the Scoon- notice, TTB requested comments by July the wine is not eligible to use the Taunton-Finley series, as well as several 18, 2005, from all interested persons. viticultural area name or other others with small acreages. TTB received one comment in response. viticulturally significant term as an Wahluke Slope soils are unique with This comment strongly supports the appellation of origin and that name or their smooth landform shape, shallow establishment of the Wahluke Slope other term appears in the brand name, slope angle that averages less than 8 viticultural area. then the label is not in compliance and percent, and predominant south-facing TTB Finding the bottler must change the brand name orientation at the top of the mega and obtain approval of a new label. alluvial fan. This smooth landform After review of the petition and the Similarly, if the viticultural area name results in consistent climate variability comment received, TTB finds that the or other viticulturally significant term across the proposed viticultural area. evidence submitted supports the appears in another reference on the establishment of the proposed Climate label in a misleading manner, the bottler viticultural area. Therefore, under the The State of Washington’s Public would have to obtain approval of a new authority of the Federal Alcohol label. Agricultural Weather System (PAWS) Administration Act and part 4 of our Web site provides the statistics used in regulations, we establish the ‘‘Wahluke Different rules apply if a wine has a the Wahluke Slope viticultural area Slope’’ viticultural area in Grant brand name containing a viticultural petition. Climatic information for the County, Washington, effective 30-days area name that was used as a brand petition generally spans 10 years—1994 from this document’s publication date. name on a label approved before July 7, through 2003—as available. 1986. See 27 CFR 4.39(i)(2) for details. Precipitation in the proposed Boundary Description Regulatory Flexibility Act Wahluke Slope viticultural area See the narrative boundary averages 5.9 inches annually, making it description of the viticultural area in the We certify that this regulation will not the driest area in that region of eastern regulatory text published at the end of have a significant economic impact on Washington, according to PAWS. Also, this notice. a substantial number of small entities. the proposed area has the lowest harvest Maps This regulation imposes no new rainfall average for the weather stations reporting, recordkeeping, or other compared. The viticultural advantages The petitioner provided the required administrative requirement. Any benefit maps, and we list them below in the include irrigation control during the derived from the use of a viticultural growing season and low potential for regulatory text. area name is the result of a proprietor’s harmful rainfall at harvest. efforts and consumer acceptance of Pan evapotranspiration (Etp) in the Impact on Current Wine Labels Wahluke Slope area ranks first among Part 4 of the TTB regulations prohibits wines from that area. Therefore, no the nine PAWS stations cited. any label reference on a wine that regulatory flexibility analysis is Photosynthesis and transpiration, which indicates or implies an origin other than required. are key factors in grape production, are the wine’s true place of origin. With the Executive Order 12866 the highest in the Wahluke Slope area establishment of this viticultural area as compared to other selected stations in and its inclusion in part 9 of the TTB This rule is not a significant Washington. regulations, its name, ‘‘Wahluke Slope,’’ regulatory action as defined by Wahluke Slope averages 3,013 degree- is recognized as a name of viticultural Executive Order 12866 (58 FR 51735). days of heat accumulation annually. significance. In addition, with the Therefore, it requires no regulatory Each degree that a day’s mean establishment of the Wahluke Slope assessment.
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Drafting Information of the section 23 north boundary line size and boundary of the existing Nancy Sutton of the Regulations and and the 1,480-foot elevation line, T15N/ viticultural area will remain unchanged. Rulings Division drafted this document. R23E, Beverly map; then We designate viticultural areas to allow (3) Proceed generally east along the vintners to better describe the origin of List of Subjects in 27 CFR Part 9 meandering 1,480-foot elevation line, their wines and to allow consumers to Wine. crossing the Beverly map, the Beverly better identify wines they may SE map, and the Smyrna map, and purchase. The Regulatory Amendment continue onto the Wahatis Peak map to EFFECTIVE DATE: January 6, 2006. I the intersection of the 1,480-foot For the reasons discussed in the FOR FURTHER INFORMATION CONTACT: Rita elevation line and the eastern boundary preamble, we amend 27 CFR, chapter 1, Butler, Alcohol and Tobacco Tax and line of section 15, which forms a portion part 9, as follows: Trade Bureau, Regulations and Rulings of the boundary line of the Hanford Site, Division, 1310 G St., NW., Washington, PART 9—AMERICAN VITICULTURAL T15N/R26E, Wahatis Peak map; then DC 20220; telephone 202–927–8210. AREAS (4) Proceed generally southwest along the Hanford Site boundary in a series of SUPPLEMENTARY INFORMATION: I 1. The authority citation for part 9 90 degree angles, crossing the Wahatis continues to read as follows: Background on Viticultural Areas TTB map, the Coyote Rapids map in section Authority Authority: 27 U.S.C. 205. 36, T15N/R25E, and the Vernita Bridge map, and continue onto the Priest Section 105(e) of the Federal Alcohol Subpart C—Approved American Rapids NE map to the intersection of the Administration Act (the FAA Act, 27 Viticultural Areas Hanford Site boundary and the north U.S.C. 201 et seq.) requires that alcohol bank of the Columbia River, section 10, beverage labels provide the consumer I 2. Amend subpart C by adding § 9.192 T13N/R24E, Priest Rapids NE map; then with adequate information regarding a to read as follows: (5) Proceed generally west along the product’s identity and prohibits the use § 9.192 Wahluke Slope. north bank of the Columbia River, of misleading information on those (a) Name. The name of the viticultural crossing onto the Priest Rapids map labels. The FAA Act also authorizes the area described in this section is and, turning north-northwest, continue Secretary of the Treasury to issue ‘‘Wahluke Slope’’. For purposes of part along the river bank and, crossing onto regulations to carry out its provisions. 4 of this chapter, ‘‘Wahluke Slope’’ and the Beverly map, return to the beginning The Alcohol and Tobacco Tax and ‘‘Wahluke’’ are terms of viticultural point. Trade Bureau (TTB) administers these regulations. significance. Signed: September 29, 2005. (b) Approved Maps. The appropriate Part 4 of the TTB regulations (27 CFR John J. Manfreda, part 4) allows the establishment of maps for determining the boundary of Administrator. the Wahluke Slope viticultural area are definitive American viticultural areas Approved: November 3, 2005. eight United States Geological Survey and the use of their names as 1:24,000 scale topographic maps. They Timothy E. Skud, appellations of origin on wine labels are titled: Deputy Assistant Secretary, (Tax, Trade, and and in wine advertisements. Part 9 of (1) Beverly Quadrangle, Washington, Tariff Policy). the TTB regulations (27 CFR part 9) 1965; [FR Doc. 05–23679 Filed 12–6–05; 8:45 am] contains the list of approved viticultural (2) Beverly SE Quadrangle, BILLING CODE 4810–31–P areas. Washington—Grant Co., 1965; Definition (3) Smyrna Quadrangle, Washington—Grant Co., Provisional DEPARTMENT OF THE TREASURY Section 4.25(e)(1)(i) of the TTB Edition 1986; regulations (27 CFR 4.25(e)(1)(i)) defines (4) Wahatis Peak Quadrangle, Alcohol and Tobacco Tax and Trade a viticultural area for American wine as Washington—Grant Co., Provisional Bureau a delimited grape-growing region Edition 1986; distinguishable by geographical (5) Coyote Rapids Quadrangle, 27 CFR Part 9 features, the boundaries of which have Washington, Provisional Edition 1986; [T.D. TTB–37; Notice No. 40; Ref: T.D. ATF– been recognized and defined in part 9 (6) Vernita Bridge Quadrangle, 454] of the regulations. These designations Washington, Provisional Edition 1986; allow vintners and consumers to (7) Priest Rapids NE Quadrangle, RIN 1513–AA50 attribute a given quality, reputation, or other characteristic of a wine made from Washington, Provisional Edition 1986; Santa Rita Hills Viticultural Area Name grapes grown in an area to its and Abbreviation to Sta. Rita Hills (2003R– (8) Priest Rapids Quadrangle, geographic origin. The establishment of 091P) Washington, 1948; photo revised 1978. viticultural areas allows vintners to (c) Boundary. The Wahluke Slope AGENCY: Alcohol and Tobacco Tax and describe more accurately the origin of viticultural area is located in Grant Trade Bureau, Treasury. their wines to consumers and helps County, Washington. The boundary of ACTION: Final rule; Treasury decision. consumers to identify wines they may the Wahluke Slope viticultural area is as purchase. Establishment of a viticultural described below: SUMMARY: This Treasury decision area is neither an approval nor an (1) The beginning point is at the modifies the name of the existing ‘‘Santa endorsement by TTB of the wine northwest corner of the viticultural area Rita Hills’’ American viticultural area by produced in that area. where the east bank of the Columbia abbreviating its name to ‘‘Sta. Rita River intersects the north boundary line Hills.’’ We make this change to prevent Requirements of section 22, T15N/R23E, on the possible confusion between wines Section 4.25(e)(2) of the TTB Beverly map; then bearing the Santa Rita Hills appellation regulations outlines the procedure for (2) From the beginning point proceed and wines bearing the Santa Rita brand proposing an American viticultural area straight east 1.5 miles to the intersection name used by a Chilean winery. The and provides that any interested party
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may petition TTB to establish a grape- States to refer to wines made from viticultural area, but concluded that growing region as a viticultural area. grapes grown in such well-known consumers would not be confused by Petitioners may use the same procedure appellations as Santa Barbara, Santa wines bearing the Santa Rita brand to request changes involving existing Barbara County, the Santa Cruz name and wines labeled with the Santa viticultural areas. Section 9.3(b) of the Mountains, and the Santa Maria Valley. Rita Hills viticultural area. ATF stated TTB regulations requires the petition to • Historic evidence demonstrates that as follows in this regard: include: ‘‘Sta. Rita’’ has been used as an • The fact that imported products are Evidence that the proposed abbreviation for the ‘‘Santa Rita Hills’’ required to state the words ‘‘Imported by’’ viticultural area is locally and/or region. Such evidence also shows the followed by the name and address of the nationally known by the name specified term ‘‘Sta.’’ was frequently used with party responsible for importation world, in in the petition; other California place names, such as the case of a product with a ‘‘Sta. Rita Hills • Historical or current evidence that Santa Barbara, Santa Clara, and Santa appellation, signal to consumers that the supports setting the boundary of the Rosa. product is domestically produced rather than proposed viticultural area as the • The use of abbreviations in imported. The fact that imported products petition specifies; viticultural area names is not are also required to state the words ‘‘Product • Evidence relating to the uncommon; approved viticultural areas of llll’’ followed by the country of geographical features, such as climate, include names like ‘‘Mt. Veeder’’ (27 origin, further identifies the origin of elevation, physical features, and soils, imported products to consumers, as distinct CFR 9.123), ‘‘Mt. Harlan’’ (27 CFR from domestic products. Likewise, the fact that distinguish the proposed 9.131), ‘‘St. Helena’’ (27 CFR 9.149), and that domestic products are required to viticultural area from surrounding areas; ‘‘Isle St. George’’ (27 CFR 9.51). The • indicate the name and address of the bottler A description of the specific petitioners believe the name ‘‘Sta. Rita or packer, minimizes the likelihood of boundary of the proposed viticultural Hills’’ fits comfortably within these confusion between a ‘‘Sta. Rita Hills’’ wine area, based on features found on United precedents. and a product of Santa Rita in Chile or any States Geological Survey (USGS) maps; other place. and Background for Petition The current petition states that Vin˜ a • A copy of the appropriate USGS The current petition notes that on Santa Rita and the petitioners have map(s) with the proposed viticultural March 31, 1998, a group of viticulturists since negotiated in good faith about the area’s boundary prominently marked. and vintners in Santa Barbara County, use of the Santa Rita Hills viticultural California, petitioned the Bureau of Sta. Rita Hills Petition area name. The petitioners, with the Alcohol, Tobacco and Firearms (ATF, agreement of Vin˜ a Santa Rita, believe General Background TTB’s predecessor agency) to establish that abbreviating the name ‘‘Santa Rita the ‘‘Santa Rita Hills’’ viticultural area TTB received a petition from a group Hills’’ to ‘‘Sta. Rita Hills’’ would be in in the western portion of the Santa Ynez of 11 viticulturists and vintners in the the best interest of everyone, including Valley viticultural area. ATF published established Santa Rita Hills viticultural consumers in the United States and a notice of proposed rulemaking in the area (27 CFR 9.162) in Santa Barbara abroad. Moreover, the requested Federal Register on September 11, 1998 County, California, proposing to modification will, by agreement, obviate (see Notice No. 866, 63 FR 48658). abbreviate the name of the viticultural the need for further legal proceedings. area as ‘‘Sta. Rita Hills.’’ The petitioners ATF received comments from 35 requested abbreviation of the name of parties. Eleven parties, mostly Santa Avoiding Conflict With the Existing the Santa Rita Hills viticultural area as Barbara County winemakers, grape Santa Rita Brand Name ‘‘Sta. Rita Hills’’ in order to prevent growers, and public officials, supported TTB regulations recognize that confusion between wine bearing the the proposed viticultural area. The consumers can be confused when an ‘‘Santa Rita Hills’’ appellation and remaining 24 parties were opposed, not American viticultural area and a brand wines bearing the ‘‘Santa Rita’’ brand to the establishment of the viticultural name contain the same or similar terms name. The petitioners do not believe area, but to its proposed name. but are used for different wines (see 27 such confusion is likely, but want to Vin˜ a Santa Rita, a publicly traded accommodate the concerns of Vin˜ a Chilean company that has produced and CFR 4.39(i)). When confronted with a Santa Rita, the Chilean producer of sold wines under the brand name proposed viticultural area name that is Santa Rita brand wines. The petitioners ‘‘Santa Rita’’ for more than 120 years, similar to an existing brand or believe it would be in the best interests led this opposition. Vin˜ a Santa Rita trademark, TTB solicits public comment of all parties, including consumers in commented that recognition of the for other potential names that might the United States and abroad, to use the ‘‘Santa Rita Hills’’ viticultural area avoid such a dilemma. Upon occasion, Sta. Rita Hills abbreviation for the would cause widespread consumer TTB has modified the proposed viticultural area. Vin˜ a Santa Rita confusion and would damage Vin˜ a viticultural area name to avoid conflict, endorses this proposal. Santa Rita’s vested trademark rights. provided the modification could be According to the petitioners, On May 31, 2001, ATF published a justified under TTB regulations. abbreviating the viticultural area name final rule in the Federal Register For example, in 1981, ATF considered by using the abbreviation as suggested approving Santa Rita Hills as an recognizing a new AVA called ‘‘The above would accommodate Vin˜ a Santa American viticultural area (see T.D. Pinnacles’’ (46 FR 49601; Oct. 7, 1981). Rita’s brand and trademark rights ATF–454, 66 FR 29476). ATF concluded That brand name, however, was already without compromising the accuracy of that the region was locally known as the in use by a California winery. ATF thus the viticultural area’s name. As Santa Rita Hills and that it was determined the proposed name was discussed more fully below: geographically, viticulturally, and ‘‘inappropriate’’ due to ‘‘trademark • The term ‘‘Sta.’’ is a recognized climatically distinct from the claims by another winery and the abbreviation for the word ‘‘Santa,’’ as surrounding Santa Ynez Valley possibility of consumer confusion that evidenced by standard dictionaries of viticultural area. would result if the proposed name were abbreviations. ATF recognized the similarities approved’’ (see 47 FR 25517; June 14, • Of particular significance is the use between the Santa Rita trademark and 1982). After soliciting alternative of the abbreviation ‘‘Sta.’’ in the United brand name and the Santa Rita Hills proposals, ATF recognized the
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viticultural area under the name The abbreviation ‘‘Sta.’’ has been used The term ‘‘Sta. Rita’’ is used as an ‘‘Chalone’’ (27 CFR 9.24). in reference to the Santa Rita Hills abbreviation for ‘‘Santa Rita’’ Similarly, in 1992, ATF proposed region, as well as other California throughout the United States and in establishing the Spring Mountain regions, for over a century, according to Spanish-speaking countries. For viticultural area (58 FR 8726; February the petition. The petition included example, a simple Internet search 17, 1993). Spring Mountain Vineyards copies of historic disen˜ os, or sketches, performed by a petitioner found a protested, claiming that its brand name, that were presented, along with land University of Arizona faculty Web site ‘‘Spring Mountain,’’ would be grant petitions, to the governors of that uses the term ‘‘N. Sta. Rita St.’’ to ‘‘rendered worthless’’ by establishment Mexican California. There were no refer to ‘‘North Santa Rita Street,’’ of a viticultural area of the same name. official surveyors in the region at that located in Tucson, Arizona (http:// At Spring Mountain Vineyards’ time; therefore, each disen˜ o graphically www.bened.arizona.edu/ransdell/ suggestion, the petitioners amended defined the tract of land solicited. On english_102_108.htm—visited on their petition to request the name these disen˜ os, the term ‘‘Sta. Rita’’ was August 19, 2002). Another Web site ‘‘Spring Mountain District’’, which was used to describe ‘‘Santa Rita.’’ Likewise, concerning husbandry and breeding of approved (27 CFR 9.143). ‘‘Sta. Clara’’ denotes ‘‘Santa Clara,’’ reptiles and amphibians abbreviates the More recently, ATF considered ‘‘Sta. Rosa’’ denotes ‘‘Santa Rosa,’’ and ‘‘Santa Rita Mountains,’’ a range in recognizing the Diamond Mountain ‘‘Sta. Izabel’’ denotes ‘‘Santa Izabel.’’ Arizona, as ‘‘Sta. Rita Mts.’’ (http:// viticultural area (66 FR 29695; June 1, According to the petition, the ‘‘Sta.’’ www.herper.com/MantidNA3.html, and 2001). Diamond Mountain Vineyards abbreviation continues to be used http://www.herper.com? objected, claiming the name would throughout the United States today, PhasmidNA2.html—both visited on cause consumer confusion and conflict especially in connection with California August 19, 2002). with its trademark right in the wines. The Wine Enthusiast’s Web site The petition states that use of the ‘‘Diamond Mountain Vineyards’’ brand. advertises a ‘‘wine boot camp’’ in ‘‘Sta. ‘‘Sta.’’ abbreviation is consistent with ATF agreed, noting consumers might Barbara Cty,’’ and the term ‘‘Sta. practices of the United States Board on confuse wines labeled with the Barbara’’ is used in wine reviews (see Geographic Names, the body Diamond Mountain viticultural area http://www.dooyou.co.uk/product/ responsible for standardizing geographic name with wines bearing the brand 141787.html—visited on August 19, names used by the Federal Government name ‘‘Diamond Mountain Vineyards.’’ 2002). Top restaurants and retailers and printed on Federal maps. The Sufficient name evidence was provided from around the United States use the Board’s guidelines specify that the term for recognition of the ‘‘Diamond terms ‘‘Sta. Barbara,’’ ‘‘Sta. Cruz ‘‘Saint’’ may be abbreviated ‘‘St.’’. Mountain District’’ name and, therefore, Mountains,’’ and ‘‘Sta. Maria Valley’’ as Particularly in regions where place ATF approved the viticultural area under this alternative name (see 27 CFR appellations for fine wines (references: names are derived from the Spanish 9.166). http://www.renaissancehollywood.com/ language, as in Southern California, The current petition states that the docs/twistwine.pdf; http:// abbreviating the term ‘‘Santa,’’ the requested modification to the www.ambrosiaonhuntington.com/html/ Spanish feminine form of the English wines.html; http://www.circa1886.com/ word ‘‘Saint,’’ as ‘‘Sta.’’ is consistent viticultural area’s name is intended to _ _ _ reconcile various interests in the ‘‘Santa cabernet sauvignon circa with the Board’s general approach to _ Rita’’ name. The petition contends that restaurant charleston.asp? abbreviations. subject=circa1886; http:// modifying the viticultural area’s name Notice of Proposed Rulemaking and to feature the abbreviation ‘‘Sta.’’ would www.northsidewine.com/level3/ _ TTB Finding reduce the potential for consumer us west.htm; http:// confusion. The petitioners feel that www.hotelastor.com/wine.htm; http:// TTB published a notice of proposed abbreviating the viticultural area’s name www.capitalraleigh.com/dining/ rulemaking, Notice No. 40, in the _ would be consistent with TTB’s policy wine list.htm; and http:// Federal Register on April 29, 2005 (70 of minimizing, when possible, the www.villacreek.com/pages/ FR 22283), regarding the modification of potential for consumer confusion winelist.html—all visited on October 11, the Santa Rita Hills viticultural area by between existing brand names and 2002). Babcock Winery & Vineyards abbreviating it as ‘‘Sta. Rita Hills.’’ In newly created viticultural areas. uses the abbreviation ‘‘Sta. Barbara’’ on that notice, TTB requested comments by its distributors list (http:// June 28, 2005, from anyone interested. Name Evidence for Sta. Rita Hills www.babcockwinery.com/ We received three supporting Below, we discuss the evidence distributionlist.html—visited on October comments, no opposing comments, and provided in the petition showing that 11, 2002). one unrelated comment. ‘‘Sta. Rita Hills’’ is an appropriate name Internet searches reveal many After careful review, TTB finds that it for the Santa Rita Hills viticultural area. additional uses of the abbreviation is appropriate to modify the name of the According to the petition, ‘‘Sta. Rita ‘‘Sta.’’ with California place names. A Santa Rita Hills viticultural area by Hills’’ is equally accurate and tourism page promoting Santa Barbara using the abbreviation ‘‘Sta.’’ in place of appropriate name for the area, since the County uses the abbreviation ‘‘Sta. ‘‘Santa.’’ Therefore, under the authority term ‘‘Sta.’’ is a well-recognized Barbara’’ for addresses within the city of the Federal Alcohol Administration abbreviation for ‘‘Santa.’’ This (http://www.maintour.com/socal/ Act and part 4 of our regulations, we abbreviation is confirmed by stabarb.html—visited on October 11, modify the ‘‘Santa Rita Hills’’ authoritative sources such as the ‘‘Gale 2002). Ship schedules refer to ‘‘Sta. viticultural name to read ‘‘Sta. Rita Press Abbreviations Dictionary’’ and Barbara’’ (http://www.gso.uri.edu/unols/ Hills’’ effective 30 days from this ‘‘The Oxford Dictionary of schedules/Sproul/Sproul99.html— document’s publication date. Vin˜ a Santa Abbreviations.’’ The petition included visited on August 19, 2002), as do high Rita will be able to obtain future label copies of these sources. Based on this, school athletic calendars (http:// approvals of its use of its ‘‘Santa Rita’’ the petitioners state that the terms www.ouhsd.k12.ca.us/sites/cihs/ brand name on wines imported into the ‘‘Santa Rita Hills’’ and ‘‘Sta. Rita Hills’’ handbook/december.htm—visited on United States because it is are functionally identical. October 11, 2002). distinguishable from ‘‘Sta. Rita Hills.’’
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Impact on Current Wine Labels effective date of that final rule, (c) Boundary. The Sta. Rita Hills certificates of label approval showing viticultural area is located in Santa General ‘‘Santa Rita Hills’’ as an appellation of Barbara County, California. The Part 4 of the TTB regulations prohibits origin will be revoked by operation of boundary is as follows: any label reference on a wine that that final rule (see 27 CFR 13.51). We * * * * * indicates or implies an origin other than have added a statement to this effect as (d) From July 30, 2001, until January the wine’s true place of origin. With the a new paragraph (d) in § 9.162. adoption of this modification of the 5, 2006, this viticultural area was named name for the Santa Rita Hills viticultural Regulatory Flexibility Act ‘‘Santa Rita Hills’’. Effective January 6, area, the abbreviated ‘‘Sta. Rita Hills’’ We certify that this regulation will not 2006, the name of this viticultural area name will be recognized as a name of have a significant economic impact on is ‘‘Sta. Rita Hills’’. Existing certificates viticultural significance. Consequently, a substantial number of small entities. of label approval showing ‘‘Santa Rita wine bottlers using ‘‘Sta. Rita Hills’’ in This regulation imposes no new Hills’’ as the appellation of origin are a brand name, including a trademark, or reporting, recordkeeping, or other revoked by operation of this regulation in another label reference as to the administrative requirement. Any benefit on January 6, 2007. origin of the wine, will have to ensure derived from the use of a viticultural Signed: August 25, 2005. that the product is eligible to use the area name is the result of a proprietor’s John J. Manfreda, viticultural area’s name as an efforts and consumer acceptance of Administrator. appellation of origin. Accordingly, the wines from that area. Therefore, no amended regulatory text set forth below regulatory flexibility analysis is Approved: November 3, 2005. in § 9.162(a) specifies that ‘‘Sta. Rita required. Timothy E. Skud, Hills’’ is a term of viticultural Executive Order 12866 Deputy Assistant Secretary (Tax, Trade, and significance for purposes of part 4 of the Tariff Policy). TTB regulations. This rule is not a significant [FR Doc. 05–23682 Filed 12–6–05; 8:45 am] For a wine to be eligible to use as an regulatory action as defined by BILLING CODE 4810–31–P appellation of origin the name of a Executive Order 12866 (58 FR 51735). viticultural area specified in part 9 of Therefore, it requires no regulatory the TTB regulations, at least 85 percent assessment. DEPARTMENT OF THE TREASURY of the grapes used to make the wine Drafting Information must have been grown within the area Alcohol and Tobacco Tax and Trade represented by that name. If the wine is Rita Butler of the Regulations and Bureau not eligible to use the viticultural area Rulings Division drafted this document. name as an appellation of origin and List of Subjects in 27 CFR Part 9 27 CFR Part 9 that name appears in the brand name, Wine. then the label is not in compliance and [T.D. TTB–38; Re: Notice No. 25] the bottler must change the brand name The Regulatory Amendment and obtain approval of a new label. Similarly, if the viticultural area name I For the reasons discussed in the RIN 1513–AA77 appears in another reference on the preamble, we amend title 27, chapter 1, part 9, Code of Federal Regulations, as Establishment of the Texoma label in a misleading manner, the bottler Viticultural Area (2003R–110P) would have to obtain approval of a new follows: label. Accordingly, if a new label or a PART 9—AMERICAN VITICULTURAL AGENCY: Alcohol and Tobacco Tax and previously approved label uses the AREAS Trade Bureau, Treasury. name ‘‘Sta. Rita Hills’’ for a wine that does not meet the 85 percent standard, I 1. The authority citation for part 9 ACTION: Final rule; Treasury decision. the new label will not be approved, and continues to read as follows: SUMMARY: the previously approved label will be Authority: 27 U.S.C. 205. This Treasury decision subject to revocation. establishes the Texoma viticultural area Different rules apply if a wine has a Subpart C—Approved American in north-central Texas, in Montague, brand name containing a viticultural Viticultural Areas Cooke, Grayson, and Fannin Counties. area name that was used as a brand The proposed area covers approximately name on a label approved before July 7, I 2. In subpart C, amend § 9.162 by 3,650 square miles on the south side of 1986. See 27 CFR 4.39(i)(2) for details. revising the section heading, revising Lake Texoma and the Red River, along paragraph (a) and the introductory text the Texas-Oklahoma Stateline. We Use of the Name ‘‘Santa Rita Hills’’ of paragraphs (b) and (c), and adding a designate viticultural areas to allow Since July 30, 2001, the name of this new paragraph (d), to read as follows: vintners to better describe the origin of viticultural area has been expressed as their wines and to allow consumers to § 9.162 Sta. Rita Hills. ‘‘Santa Rita Hills.’’ After the effective better identify wines they may date of this final rule, we will approve (a) Name. The name of the viticultural purchase. wine labels showing ‘‘Sta. Rita Hills,’’ area described in this section is ‘‘Sta. and not ‘‘Santa Rita Hills,’’ as the Rita Hills’’. For purposes of part 4 of EFFECTIVE DATE: January 6, 2006. this chapter, ‘‘Sta. Rita Hills’’ is a term viticultural area appellation. FOR FURTHER INFORMATION CONTACT: The final rule includes, under our of viticultural significance. Jennifer Berry, Alcohol and Tobacco authority pursuant to 27 CFR (b) Approved Maps. The appropriate Tax and Trade Bureau, Regulations and 13.72(a)(2), a transition period during maps for determining the boundary of Rulings Division, P.O. Box 18152, which vintners may continue to use the Sta. Rita Hills viticultural area are Roanoke, VA 24014; telephone 540– approved labels that carry ‘‘Santa Rita five United States Geological Survey 344–9333. Hills’’ as the name of the viticultural (USGS) 7.5 Minute Series maps titled: area. However, one year after the * * * * * SUPPLEMENTARY INFORMATION:
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Background on Viticultural Areas that distinguish the proposed County line forms most of the proposed viticultural area from surrounding areas; area’s western boundary, while the TTB Authority • A description of the specific Fannin County line forms most of its Section 105(e) of the Federal Alcohol boundary of the proposed viticultural eastern boundary. Administration Act (the FAA Act, 27 area, based on features found on United Historical evidence in the petition for U.S.C. 201 et seq.) requires that alcohol States Geological Survey (USGS) maps; the proposed boundaries includes the beverage labels provide the consumer and contributions of the Texoma region to with adequate information regarding a • A copy of the appropriate USGS world viticulture. Renowned 19th product’s identity and prohibits the use map(s) with the proposed viticultural century viticulturalist Thomas Volney of misleading information on such area’s boundary prominently marked. (T.V.) Munson chose the Texoma area as labels. The FAA Act also authorizes the the site for his experimental vineyards. Texoma Petition and Rulemaking Secretary of the Treasury to issue An expert on native grape varieties, it regulations to carry out its provisions. General Background was reported that he was particularly excited by the varieties of native grapes The Alcohol and Tobacco Tax and The Texoma Appellation Committee, found within the region, calling the area Trade Bureau (TTB) administers these in Denison, Texas, petitioned TTB to his ‘‘grape paradise.’’ He developed over regulations. establish the ‘‘Texoma’’ viticultural area 300 new grape varieties from the wild Part 4 of the TTB regulations (27 CFR in north-central Texas. Located along grapes growing along the bluffs of the part 4) allows the establishment of the Texas-Oklahoma Stateline on the Red River and its tributaries. Today, the definitive viticultural areas and the use south side of Lake Texoma and the Red T.V. Munson Memorial Vineyard at of their names as appellations of origin River, the proposed area covers Grayson County College in Denison, on wine labels and in wine approximately 3,650 square miles, or Texas, carries on Munson’s legacy. The advertisements. Part 9 of the TTB about 2.3 million acres, in Montague, vineyard grows 65 of the 300 grape regulations (27 CFR part 9) contains the Cooke, Grayson, and Fannin Counties. varieties developed by Munson, and the list of approved viticultural areas. The proposed viticultural area contains college, unlike most junior colleges in four wineries and a number of small Definition the nation, bestows an associate degree vineyards with approximately 55 acres in viticulture. Section 4.25(e)(1)(i) of the TTB planted to vines. Both native Texas Because of the importance of native regulations (27 CFR 4.25(e)(1)(i)) defines grape varieties and Vitis vinifera grape species to the viticultural history a viticultural area for American wine as varieties thrive in the proposed area. and identity of the Texoma region, the a delimited grape-growing region Below, we summarize the evidence petitioner bases the southern boundary distinguishable by geographical presented in the petition. features, the boundaries of which have in part on the distribution of wild been recognized and defined in part 9 Name Evidence grapevines through the area. The of the regulations. These designations The name ‘‘Texoma’’ originates with proposed Texoma viticultural area allow vintners and consumers to Lake Texoma, a large man-made lake on southern boundary excludes some attribute a given quality, reputation, or the Texas-Oklahoma Stateline. People southern portions of the four counties other characteristic of a wine made from have referred to the region within the since wild grapevines generally do not grapes grown in an area to its proposed viticultural area as ‘‘Texoma’’ grow on the south-facing slopes beyond geographic origin. The establishment of for over 60 years, roughly since the the ridge that divides the Red River and viticultural areas allows vintners to completion of Lake Texoma in 1938. Trinity River drainage basins. describe more accurately the origin of The petition provided numerous Distinguishing Features their wines to consumers and helps examples of the use of the name consumers to identify wines they may ‘‘Texoma’’ by businesses and Topography purchase. Establishment of a viticultural governments serving the four-county Much of the terrain in the Texoma area is neither an approval nor an (Montague, Cooke, Grayson, and region slopes downward and northward endorsement by TTB of the wine Fannin) region, including the Texoma toward the Red River. The elevation produced in that area. Regional Health Care System, the ranges from a low of 597 feet above sea Requirements Texoma Association of Realtors, and the level in northeast Fannin County to a Texoma Council of Governments. high of 1,271 feet on ridges in southeast Section 4.25(e)(2) of the TTB In addition, an Internet search of the Montague County. Evening breezes off regulations outlines the procedure for word ‘‘Texoma’’ returned several the Texoma bluffs and rolling hillsides proposing an American viticultural area thousand website listings, with temper the intense heat of the day, and and provides that any interested party references to Montague, Cooke, Grayson, cool the vineyards. Numerous small may petition TTB to establish a grape- and Fannin Counties in Texas, as well creeks flow northward to Lake Texoma growing region as a viticultural area. as the region of south-central Oklahoma and the Red River throughout the Section 9.3(b) of the TTB regulations bordering Lake Texoma. Texoma area. Several varieties of wild requires the petition to include— grapes grow freely in these creek beds, • Evidence that the proposed Boundary Evidence just as they did in the days of T.V. viticultural area is locally and/or The proposed Texoma viticultural Munson. nationally known by the name specified area boundary line corresponds to the The north-facing slopes (3 percent to in the petition; Texoma region of north-central Texas. 12 percent incline) in the proposed • Historical or current evidence that The Red River, Lake Texoma, and the Texoma viticultural area diminish the supports setting the boundary of the Texas-Oklahoma Stateline form the power of the summer sun and thus proposed viticultural area as the proposed area’s northern boundary. The provide excellent conditions for petition specifies; ridge between the Red River drainage vineyards. Recent research indicates • Evidence relating to the basin and the Trinity River drainage that 15-degree north-facing slopes can geographical features, such as climate, basin forms the southern boundary of reduce the sunlight index in June from soils, elevation, and physical features, the proposed area. The Montague 107 to 86. (The sunlight index is a scale
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measuring the amount of solar radiation as 51 inches annually in Texarkana. periods during the months of February to received by plants.) This results in Such heavy rainfall often results in July. significantly less heat stress on the standing water, which can cause root rot As additional soil evidence, the vines. In September, the effect is even and kill vines. petitioner submitted soil survey maps greater, with the sunlight index reduced Soils published by the Natural Resources from 122 to 70. The petitioner contrasts Conservation Service, U.S. Department the sunlight index with land south of The soils found in the proposed of Agriculture, for each of the four the proposed Texoma viticultural area. Texoma viticultural area differ from the counties in the proposed area. These For example, in the Dallas-Fort Worth soils in surrounding areas. The maps consistently describe the various area, the land slopes south, resulting in proposed Texoma area contains sandy, soils of the proposed Texoma a much higher sunlight index and loamy soils that provide good drainage viticultural area, including those greater heat stress on grape vines. for vineyards. Conversely, the detailed in the soil report submitted The Texoma area has numerous lakes surrounding areas outside the proposed with the petition as either ‘‘loamy and and ponds, including Lake Texoma, all Texoma viticultural area boundary line sandy’’ or ‘‘loamy and clayey.’’ of which provide ample irrigation contain black-land soils, which do not sources. The numerous bodies of water provide good drainage for vineyards. Boundary Description also provide sunlight reflection, which The sandy soils found in the proposed See the narrative boundary helps to ripen grapes. A similar viticultural area are also a natural description of the viticultural area in the reflective effect occurs in the Finger deterrent to phylloxera. regulatory text published at the end of Lakes region of New York and in the The petitioner submitted a detailed this notice. Mosel and Rhine River valleys of soil report on the proposed Texoma Germany. Additionally, gentle breezes viticultural area prepared by a Maps off Lake Texoma provide advection committee of soil scientists consisting of The petitioner(s) provided the warming to the surrounding hillsides Maurice Jurena and Jerry Rives from the required maps, and we list them below during cool autumn nights. Natural Resources Conservation Service in the regulatory text. of the U.S. Department of Agriculture, Climate Notice of Proposed Rulemaking and Dr. George McEachern of Texas A&M Comments Received Nighttime temperatures in the University, and Dr. Charles E. Pehl, a proposed Texoma viticultural area from private consultant. The report lists 36 On November 30, 2004, TTB November through February generally soil series suitable for viticulture in the published in the Federal Register (69 are 5.3 to 6.7 degrees cooler than those proposed area and refers to maps that FR 69557) a notice of proposed in areas to the south and southeast, such show these soil series throughout the rulemaking regarding the establishment as the Dallas-Fort Worth area (which Texoma area. According to the soil of the Texoma viticultural area as ° averages 33.6 F) and Greenville, Texas report authors, these soils have the (Notice No. 25). In that notice, TTB ° (which averages 34.9 F). The nighttime characteristics needed for productive requested comments by January 31, winter temperatures in the Texoma vineyards—good internal drainage, 2005, from all interested persons. TTB region, ranging in the mid- to upper-20s, adequate soil depth, and good water- received three comments in response. are cold enough to kill the insect that holding capacity. Based on available A Montague County vineyard owner spreads the toxic Pierce’s disease, but soil surveys of the region, the soil report opposed the petition on several are not cold enough to cause damage to authors specify that about one-third of grounds. Regarding the petition’s name the vines. Vineyards to the south with the proposed viticultural area, an and boundary evidence, the commenter warmer winter temperatures, estimated 690,000 acres (1,078 sq. states that his region of Montague specifically in the Dallas-Fort Worth miles), should be suitable for productive County, which is within the proposed area, typically suffer extensive damage viticulture. The report describes three viticultural area, is not known by the from Pierce’s disease. soils of particular interest: Texoma name. He also notes that T.V. Areas north and west of the Texoma Munson chose ‘‘the Denison area to do area, including Oklahoma and The Hicota series consists of fine sandy his research, not Texoma,’’ a name northwestern Texas, have winter loams that are deep, moderately well drained, slowly permeable, and have good which ‘‘did not exist until 1938.’’ While temperatures that are 4 to 6 degrees water holding capacity. These soils are found acknowledging that a north Texas radio colder than in the proposed Texoma on the high terraces mainly along the Red station does identify its listening area as viticultural area. Colder temperatures River. Formed in loamy alluvium, their ‘‘Texoma Land,’’ the commenter states increase the risk of damage to vines. slopes range from 0 to 3 percent * * *. that this name usage is not adequate Freeze and thaw cycles in these areas The Freestone series consists of fine sandy justification to propose a viticultural can split vine trunks, while the milder loams that are very deep, moderately well area. In addition, the commenter notes winter temperatures in the Texoma area drained, slowly permeable, and have good the dual Texas/Oklahoma nature of the water holding capacity. These soils are found prevent such damage. Texoma name and contends that The Texoma region receives an on Pleistocene terraces of remnant terraces on upland positions. Formed in loamy and Oklahoma vineyards ‘‘would not want annual rainfall of 30 to 40 inches, which clayey sediments, their slopes vary from 0 to to be confused with Texas vineyards.’’ is sufficient when coupled with the 5 percent. The soils have aquic soil moisture The commenter also states that ample sources of irrigation in the region. conditions due to an extremely thin area of Montague County has two soil types To the west of the Texoma region, the episaturation above the clay layer in the suitable for viticulture, including the climate is increasingly dry. Wichita spring at a depth of 20 to 40 inches during Antlers Sands, which, he states, ‘‘do not Falls, Texas, for example, receives only most years. exist in Fannin or Grayson Counties.’’ 28 inches of rain a year, an amount that The Frioton series consists of silty clay The comment also contends that the cannot sustain vineyards. Few sources loams that are very deep, well drained, moderately slowly permeable, with good climate and elevation of the proposed of water for irrigation, such as Lake water holding capacity. Formed in loamy and area are ‘‘simply too diverse’’ to be Texoma, exist west of the Texoma clayey Pleistocene sediments on nearly level included within one viticultural area. region. Areas east of the Texoma region flood plains, their slopes range from 0 to 1 In response to the opposing comment receive much heavier rainfall, as much percent. They may be flooded for very brief regarding name and boundary evidence,
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a petitioner submitted a rebuttal names ‘‘in the name and address area of 27 CFR 4.25(e)(3). If the wine is not providing additional information to the label’’ regardless of the wine’s eligible to use the viticultural area name demonstrate the use of the ‘‘Texoma’’ origin. as an appellation of origin and that name in Montague County. The With regard to this third comment, name appears in the brand name, then petitioner also expressed concern over TTB does not believe that the the label is not in compliance and the the accuracy of the opposing comment’s commenter’s future winery operations bottler must change the brand name and soil and climatic information, calling should have any bearing on the obtain approval of a new label. the opposing comment a matter of establishment of the proposed Texoma Similarly, if the viticultural area name personal opinion that lacked viticultural area. We make our decision appears in another reference on the substantiating facts. based on the facts presented to us, not label in a misleading manner, the bottler TTB has carefully evaluated these two based on hypothetical future events. It would have to obtain approval of a new comments with reference to the was for this purpose that, in the label. submitted supporting information. comment notification of Notice No. 25, Different rules apply if a wine has a Regarding the proposed name and we specifically invited comments on the brand name containing a viticultural boundary evidence, the opposing impact that the proposed viticultural area name that was used as a brand comment provided no specific evidence area might have on an existing (not name on a label approved before July 7, to show that Montague County is not future) viticultural enterprise. 1986. See 27 CFR 4.39(i)(2) for details. part of the generally recognized According to the information provided ‘‘Texoma’’ area. We believe the by the commenter, he has not Regulatory Flexibility Act petitioner’s evidence supports the use of commenced winery operations and has We certify that this regulation will not the Texoma name in the portion of not filed for label approvals using the have a significant economic impact on Montague County that lies within the ‘‘Texoma Vineyard’’ or ‘‘Texoma a substantial number of small entities. proposed viticultural area. Winery’’ brand names. In the future, This regulation imposes no new In response to the comment regarding should the commenter wish to bottle reporting, recordkeeping, or other T.V. Munson, we note that the purpose and label wine using those names, he administrative requirement. Any benefit of presenting the grape-growing history must ensure that the wine meets the derived from the use of a viticultural of a proposed viticultural area is to appellation of origin requirements set area name is the result of a proprietor’s document previous grape growing in the forth in 27 CFR part 4 and summarized efforts and consumer acceptance of area. Reference to the innovative in the Impact on Current Wine Labels wines from that area. Therefore, no individuals responsible for the early discussion below. regulatory flexibility analysis is plantings in the area is of some required. historical viticultural interest, but grape- TTB Finding growing history is not an absolute After careful review of the petition Executive Order 12866 requirement for the establishment of an and the comments received, TTB finds This rule is not a significant American viticultural area. In response that the evidence submitted supports regulatory action as defined by to the commenter’s statements on the the establishment of the proposed Executive Order 12866 (58 FR 51735). subject of Oklahoma vineyards, we note viticultural area. Therefore, under the Therefore, it requires no regulatory that we did not receive any comments authority of the Federal Alcohol assessment. from Oklahoma vineyard industry Administration Act and part 4 of our members regarding the proposed regulations, we establish the ‘‘Texoma’’ Drafting Information Texoma viticultural area. viticultural area in north-central Texas Nancy Sutton of the Regulations and We also note that the Montague in Montague, Cooke, Grayson, and Rulings Division drafted this document. County soil, elevation, and climate Fannin Counties, effective 30 days from List of Subjects in 27 CFR Part 9 information offered in the opposing publication of this document. comment generally conforms to the Wine. Impact on Current Wine Labels overall petition evidence, except for the The Regulatory Amendment lower annual precipitation rate in Part 4 of the TTB regulations prohibits Montague County. TTB believes that the any label reference on a wine that I For the reasons discussed in the variances referred to by the commenter indicates or implies an origin other than preamble, we amend 27 CFR, chapter 1, are minor differences that should not the wine’s true place of origin. With the part 9, as follows: affect the decision on whether to establishment of this viticultural area establish the proposed viticultural area. and its inclusion in part 9 of the TTB PART 9—AMERICAN VITICULTURAL With regard to comments on soils that regulations, its name, ‘‘Texoma,’’ is AREAS were submitted, we note that while soil recognized as a name of viticultural I 1. The authority citation for part 9 characteristics are an important factor in significance. Consequently, wine continues to read as follows: assessing a proposed viticultural area, it bottlers using ‘‘Texoma’’ in a brand would be overly restrictive and thus name, including a trademark, or in Authority: 27 U.S.C. 205. inappropriate to require uniformity of another label reference as to the origin Subpart C—Approved American soil types throughout a proposed of the wine, must ensure that the Viticultural Areas viticultural area. product is eligible to use the viticultural The third comment expresses concern area’s name as an appellation of origin. I 2. Amend subpart C by adding § 9.185 over a possible name conflict between For a wine to be eligible to use as an to read as follows: the proposed Texoma viticultural area appellation of origin the name of a and the commenter’s planned ‘‘Texoma viticultural area specified in part 9 of § 9.185 Texoma. Vineyards’’ and ‘‘Texoma Winery.’’ The the TTB regulations, at least 85 percent (a) Name. The name of the viticultural commenter supports the viticultural of the grapes used to make the wine area described in this section is area’s establishment as long as his must have been grown within the area ‘‘Texoma’’. For purposes of part 4 of this future business is allowed to use the represented by that name, and the wine chapter, ‘‘Texoma’’ is a term of Texoma Vineyard or Texoma Winery must meet the other conditions listed in viticultural significance.
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(b) Approved Maps. The appropriate approximately 19 miles to the of misleading information on such maps for determining the boundaries of intersection of U.S. Highway 287 and labels. The FAA Act also authorizes the the Texoma viticultural area are two State Route 101 at Sunset, Texas; then Secretary of the Treasury to issue United States Geological Survey, (14) Follows U.S. 287 northwest regulations to carry out its provisions. 1:250,000 scale, topographic maps. They approximately 17 miles to the western The Alcohol and Tobacco Tax and are titled: Montague County line; and Trade Bureau (TTB) administers these (1) Sherman, Texas; Oklahoma, 1954, (15) Continues north along the regulations. revised 1977; and western Montague County line to the Part 4 of the TTB regulations (27 CFR (2) Texarkana, Tex.; Ark.; Okla.; La., beginning point at the northwest corner part 4) allows the establishment of 1953, revised 1972. of Montague County. definitive viticultural areas and the use (c) Boundary. The Texoma viticultural Signed: September 28, 2005. of their names as appellations of origin area is located in Montague, Cooke, on wine labels and in wine John J. Manfreda, Grayson, and Fannin Counties, Texas. advertisements. Part 9 of the TTB The boundary is defined as follows: Administrator. regulations (27 CFR part 9) contains the (1) The beginning point is the Approved: November 3, 2005. list of approved viticultural areas. northwest corner of Montague County Timothy E. Skud, (at the Red River, which is also the Deputy Assistant Secretary (Tax, Trade, and Definition Texas-Oklahoma State line) on the Tariff Policy). Section 4.25(e)(1)(i) of the TTB Sherman map. From this point, the [FR Doc. 05–23683 Filed 12–6–05; 8:45 am] regulations (27 CFR 4.25(e)(1)(i)) defines boundary line: BILLING CODE 4810–31–P a viticultural area for American wine as (2) Follows the Red River eastward a delimited grape-growing region along the Texas-Oklahoma State line, distinguishable by geographical passes onto the Texarkana map, and DEPARTMENT OF THE TREASURY features, the boundaries of which have continues to the northeast corner of been recognized and defined in part 9 Fannin County; then Alcohol and Tobacco Tax and Trade of the regulations. These designations (3) Continues southward along the Bureau allow vintners and consumers to eastern Fannin County line to a point attribute a given quality, reputation, or approximately three miles west of Petty, 27 CFR Part 9 other characteristic of a wine made from Texas, where a power line shown on the [T.D. TTB–39; Re: Notice No. 38] grapes grown in an area to its Texarkana map crosses the county line; geographic origin. The establishment of then RIN 1513–AA94 viticultural areas allows vintners to (4) Continues southwest in a straight describe more accurately the origin of Establishment of the Ramona Valley line for approximately 13 miles to the their wines to consumers and helps Viticultural Area (2003R–375P) intersection of State Routes 34/50 and consumers to identify wines they may State Route 64 at Ladonia, Texas; then AGENCY: Alcohol and Tobacco Tax and purchase. Establishment of a viticultural (5) Follows State Route 34 west to its Trade Bureau, Treasury. area is neither an approval nor an intersection with State Route 68; then ACTION: Final rule; Treasury decision. endorsement by TTB of the wine (6) Continues west-southwesterly in a produced in that area. straight line from that intersection to the SUMMARY: This Treasury decision Requirements intersection of U.S. Highway 69 and establishes the 89,000-acre Ramona State Route 78 at Leonard, Texas, on the Valley viticultural area in central San Section 4.25(e)(2) of the TTB Sherman map; then Diego County, California. The proposed regulations outlines the procedure for (7) Continues northwest on U.S. area is entirely within the established proposing an American viticultural area Highway 69 for approximately 6 miles South Coast viticultural area. We and provides that any interested party to the intersection of U.S. Highway 69 designate viticultural areas to allow may petition TTB to establish a grape- and State Route 121 at Trenton, Texas; vintners to better describe the origin of growing region as a viticultural area. then their wines and to allow consumers to Section 9.3(b) of the TTB regulations (8) Continues westerly in a straight better identify wines they may requires the petition to include— • line to the intersection of State Routes purchase. Evidence that the proposed 160 and 121, and then continues west viticultural area is locally and/or on State Route 121 to its intersection DATES: Effective Date: January 6, 2006. nationally known by the name specified with U.S. Highway 75 at Van Alstyne, FOR FURTHER INFORMATION CONTACT: in the petition; Texas; then Nancy Sutton, Regulations and • Historical or current evidence that (9) Continues south along U.S. Procedures Division, Alcohol and supports setting the boundary of the Highway 75 to the Grayson County line; Tobacco Tax and Trade Bureau, 925 proposed viticultural area as the then Lakeville St., No. 158, Petaluma, petition specifies; (10) Continues west along the California 94952; telephone 415–271– • Evidence relating to the southern Grayson County line and then 1254. geographical features, such as climate, the southern Cooke County line to the soils, elevation, and physical features, SUPPLEMENTARY INFORMATION: county line’s intersection with Interstate that distinguish the proposed 35; then Background on Viticultural Areas viticultural area from surrounding areas; (11) Continues north along Interstate • A description of the specific TTB Authority 35 to its intersection with State Route boundary of the proposed viticultural 922 in Valley View, Texas; then Section 105(e) of the Federal Alcohol area, based on features found on United (12) Follows State Route 922 west for Administration Act (the FAA Act, 27 States Geological Survey (USGS) maps; approximately 17 miles to Rosston, U.S.C. 201 et seq.) requires that alcohol and Texas; then beverage labels provide the consumer • A copy of the appropriate USGS (13) Continues west-southwest from with adequate information regarding a map(s) with the proposed viticultural Rosston in a straight line for product’s identity and prohibits the use area’s boundary prominently marked.
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Ramona Valley Petition and Woodson served as a surgeon in the County. Santa Maria Creek flows west Rulemaking Confederate Army, and a few years after through the proposed viticultural area the Civil War he brought my father and before passing through a narrow gap in General Background the rest of the family out to California the hills near the northwestern corner of TTB received a petition from the from Paducah, Ky. He homesteaded the area. Ramona Vineyard Association of land in the Ramona Valley in 1873 The lowest elevation of the proposed Ramona, California, proposing to ***.’’ Ramona Valley viticultural area, 650 establish the Ramona Valley viticultural The proposed Ramona Valley feet, is at the southwest corner of the area in central San Diego County, viticultural area surrounds the area at the San Vicente Reservoir. California. Surrounding the town of unincorporated town of Ramona in San Elevations within the northern, Ramona, the proposed viticultural area Diego County, which lies in a flat, broad southern, and western portions of the is located 28 miles northeast of the city valley largely isolated by the proposed viticultural area vary between of San Diego, and is entirely within the surrounding hills and mountains. 650 and 1,600 feet, with an average base established, multi-county South Coast Several businesses within the proposed elevation of about 1,400 feet. The viticultural area (27 CFR 9.104). In viticultural area use ‘‘Ramona Valley’’ eastern terrain of the proposed area addition, the Ramona Valley area is in their names, including the Ramona climbs to more than 3,000 feet at the south of two other viticultural areas, Valley Inn, which was established in foothills of the Cuyamaca Mountains. Temecula Valley (27 CFR 9.50) and San 1981 on Main Street in Ramona. The highest elevation suitable for Pasqual Valley (27 CFR 9.25), both viticulture within the proposed area is within the South Coast viticultural area. Boundary Evidence 2,640 feet. The proposed 89,000-acre Ramona Using a boundary largely drawn Beyond the proposed Ramona Valley Valley viticultural area contains 17 through the surrounding mountain viticultural area boundary line to the vineyards currently cultivating an peaks, the proposed Ramona Valley south, west, and north are the lower estimated 45 acres of wine grapes. viticultural area encompasses not only coastal valleys with elevations of 500 The distinguishing factors of the the valley in which the town of Ramona feet or less. While higher in elevation proposed Ramona Valley viticultural lies, but also several smaller side valleys than these nearby coastal valleys, the area include its elevation, which and canyons, especially to the east and proposed Ramona Valley viticultural contrasts with the surrounding areas, south of the town. The proposed area is significantly lower than that of and climatic factors related to its boundary is based on historical and the Cuyamaca Mountain range to the elevation and inland location. Oriented current viticultural activity within the east, which has peaks of 6,200 feet. west-southwest to east-northeast, the proposed area and on its geographical Climate proposed area is roughly centered in the and climatic features. town of Ramona and is about 14.5 miles The history of Ramona Valley The proposed Ramona Valley long and 9.5 miles wide. viticulture began with the arrival of viticultural area has a distinguishable Below, we summarize the evidence Spanish missionaries in 1769. American microclimate as compared to the presented in the petition. viticulture started as early as 1889, with surrounding regions. With the Anza- Borrego Desert 25 miles to the east and Name Evidence wine grapes grown at Rancho Bernardo for use at the Bernardo Winery. In the Pacific Ocean 25 miles to the west, Californians have used the ‘‘Ramona modern times, Ross Rizzo, the master the desert and ocean influences affect Valley’’ name for at least a century. In vintner at Bernardo Winery, recalls that and moderate the Ramona Valley 1906, historian Ed Fletcher wrote ‘‘An up to a thousand acres of wine grapes climate during the growing season. Auto Trip Through San Diego’s Back Also known locally as ‘‘the Valley of were growing in Ramona Valley during Country.’’ As republished in the spring the Sun,’’ due to its lack of cool coastal the 1940s and 1950s. The Schwaesdall 1969 issue of the Journal of San Diego morning fog, the proposed Ramona Winery, which opened in 1993, uses History, the auto trip article makes Valley viticultural area is warmer than grape vines planted in the Ramona several references to Ramona Valley and the lower elevation coastal areas and Valley in the 1950s as well as their own its geography, climate, and agricultural valleys to its south, west, and north. The plantings begun in 1989. potential. Mr. Fletcher states, ‘‘The proposed area is cooler in the summer, The elevation of the proposed higher valley lands can easily be but warmer in the winter, than the Ramona Valley viticultural area, which covered with water from the mountain higher Cuyamaca Mountains to its east. lies between the lower coastal valleys to streams, but a railroad is absolutely A comparison of daily temperature the south, west, and north, and the necessary, and when it does come, variations among the towns of Ramona, surrounding mountains and the higher Ramona Valley will be heard from.’’ Poway, Escondido, and Julian indicates desert-like areas to the east, In 1963, Richard F. Pourade wrote that Ramona has greater daily distinguishes the proposed viticultural ‘‘The Silver Dons 1833–1865,’’ found in temperature fluctuations than the area from surrounding areas. Climatic volume three of ‘‘The History of San surrounding areas. The proposed factors related to the elevation of the Diego.’’ He describes the difficulty of viticultural area enjoys up to 320 frost- Ramona Valley and its inland location reaching the Ramona Valley by different free days and has a heat summation of also distinguish the proposed routes during its settlement. Mr. 3,470 degree-days annually. (During the viticultural area from nearby grape- Pourade writes, ‘‘Both routes had growing season, one degree day growing regions. These factors are difficult climbs, the San Pasqual route at accumulates for each degree Fahrenheit discussed in more detail below. the San Pasqual hill and the Lakeside that a day’s mean temperature is above route in the last mile before reaching the Distinguishing Features 50 degrees, which is the minimum Ramona Valley.’’ temperature required for grapevine Geography In 1961, Clarence Woodson wrote growth; see ‘‘General Viticulture,’’ ‘‘Tea-Kettle Days,’’ published in the San The proposed Ramona Valley Albert J. Winkler, University of Diego Historical Society Quarterly, viticultural area is encircled by a ring of California Press, 1975.) volume 7, number 4, October 1961. He hills and mountains that isolate it from The proposed Ramona Valley explained, ‘‘My grandfather, Dr. M. C. the surrounding regions of San Diego viticultural area receives an average
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annual rainfall of 16.5 inches. This Impact on Current Wine Labels List of Subjects in 27 CFR Part 9 rainfall total is more than that of the Wine. lower coastal valleys, but less than the Part 4 of the TTB regulations prohibits 31-inch average received at Julian in the any label reference on a wine that The Regulatory Amendment indicates or implies an origin other than higher mountains to the east of the the wine’s true place of origin. With the I For the reasons discussed in the Ramona Valley area. establishment of this viticultural area preamble, we amend 27 CFR, chapter 1, Soils and its inclusion in part 9 of the TTB part 9, as follows: regulations, its name, ‘‘Ramona Valley,’’ The proposed Ramona Valley is recognized as a name of viticultural PART 9—AMERICAN VITICULTURAL viticultural area has a variety of soil significance. Consequently, wine AREAS types due to its differing landforms, bottlers using ‘‘Ramona Valley’’ in a I 1. The authority citation for part 9 slopes, and geology. The mountains brand name, including a trademark, or continues to read as follows: surrounding the proposed area consist in another label reference as to the Authority: 27 U.S.C. 205. of igneous rock. Also, the mid-slopes to origin of the wine, must ensure that the the east and west of the Ramona Valley product is eligible to use the viticultural Subpart C—Approved American floor have the reddish coloration of San area’s name as an appellation of origin. Viticultural Areas Marcos Gabbro, a mafic rock type. Mafic For a wine to be eligible to use as an rock formations are known to generate appellation of origin the name of a I 2. Amend subpart C by adding § 9.191 nutrient-rich soil, which is ideal for viticultural area specified in part 9 of to read as follows: agriculture. the TTB regulations, at least 85 percent § 9.191 Ramona Valley. Soil series of the proposed Ramona of the grapes used to make the wine Valley viticultural area include Ramona, must have been grown within the area (a) Name. The name of the viticultural Visalia, Los Posas, and Fallbrook loams. represented by that name, and the wine area described in this section is The Ramona soil series, as documented must meet the other conditions listed in ‘‘Ramona Valley’’. For purposes of part in the 1973 U.S. Soil Conservation 27 CFR 4.25(e)(3). If the wine is not 4 of this chapter, ‘‘Ramona Valley’’ is a Service Soil Survey for San Diego eligible to use the viticultural area name term of viticultural significance. County, consists of well-drained, very as an appellation of origin and that (b) Approved Maps. The two United deep sandy loams with sandy clay loam name appears in the brand name, then States Geological Survey 1:100,000 scale subsoil. This series is found between the the label is not in compliance and the topographic (30 x 60 Minute 200-foot and 1,800-foot elevations on bottler must change the brand name and Quadrangle) maps used to determine the boundaries of the Ramona Valley terraces and alluvial fans. obtain approval of a new label. Similarly, if the viticultural area name viticultural area are titled— Notice of Proposed Rulemaking appears in another reference on the (1) Borrego Valley, California, 1982 label in a misleading manner, the bottler edition; and On March 31, 2005, TTB published a (2) El Cajon, California, 1979 edition. notice of proposed rulemaking regarding would have to obtain approval of a new label. (c) Boundary. The Ramona Valley the establishment of the Ramona Valley viticultural area is located in central San viticultural area in the Federal Register Different rules apply if a wine has a Diego County, California. The area’s (70 FR 16459) as Notice No. 38. In that brand name containing a viticultural boundaries are defined as follows— notice, TTB requested comments by area name that was used as a brand (1) Beginning in the southwest corner May 31, 2005, from all interested name on a label approved before July 7, of the Borrego Valley map at the 882- persons. TTB received no comments in 1986. See 27 CFR 4.39(i)(2) for details. meter (2,894-foot) peak of Woodson response to Notice No. 38. Regulatory Flexibility Act Mountain, T13S, R1W, proceed straight north-northwest approximately 3.25 TTB Finding We certify that this regulation will not miles to the 652-meter (2,140-foot) peak have a significant economic impact on After careful review of the petition, of Starvation Mountain, T13S, R1W a substantial number of small entities. TTB finds that the evidence submitted (Borrego Valley map); then This regulation imposes no new supports the establishment of the (2) Proceed straight east-northeast reporting, recordkeeping, or other approximately 12.5 miles to the Gaging proposed viticultural area. Therefore, administrative requirement. Any benefit under the authority of the Federal Station on the northwest shoreline of derived from the use of a viticultural Sutherland Lake, T12S, R2E (Borrego Alcohol Administration Act and part 4 area name is the result of a proprietor’s of our regulations, we establish the Valley map); then efforts and consumer acceptance of (3) Proceed straight southeast ‘‘Ramona Valley’’ viticultural area in wines from that area. Therefore, no San Diego County, California, effective approximately 4.4 miles to the 999- regulatory flexibility analysis is meter (3,278-foot) peak of Witch Creek 30 days from the publication date of this required. document. Mountain, T13S, R2E, east of Ballena Executive Order 12866 Valley (Borrego Valley map); then Boundary Description (4) Proceed straight south- This rule is not a significant southeasterly approximately 6.6 miles, See the narrative boundary regulatory action as defined by crossing onto the El Cajon map, to the description of the viticultural area in the Executive Order 12866 (58 FR 51735). summit of Eagle Peak (3,166 feet), T14S, regulatory text published at the end of Therefore, it requires no regulatory R3E, northeast of the El Capitan this notice. assessment. Reservoir (El Cajon map); then Maps Drafting Information (5) Proceed straight west-southwest approximately 12.7 miles, passing The petitioner provided the required Nancy Sutton of the Regulations and through Barona Valley, to the peak maps, and we list them below in the Procedures Division drafted this (1,002 feet) near the center of the regulatory text. document. unnamed island in the San Vicente
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Reservoir, T14S, R1E (El Cajon map); under section 110 of the Federal Clean of which is restricted by statute. Do not then Air Act (the Act, or CAA). submit information through Regional (6) Proceed straight northwesterly DATES: This rule is effective on February Material in EDocket (RME), approximately 3.9 miles to the 822- 6, 2006, without further notice, unless Regulations.gov, or e-mail if you believe meter (2,697-foot) peak of Iron EPA receives adverse comment by that it is CBI or otherwise protected Mountain, T14S, R1W (El Cajon map); January 6, 2006. If EPA receives such from disclosure. The EPA RME Web site and comment, EPA will publish a timely and the Federal regulations.gov are (7) Proceed straight north-northwest withdrawal in the Federal Register ‘‘anonymous access’’ systems, which approximately 2.8 miles, crossing onto informing the public that this rule will means EPA will not know your identity the Borrego Valley map, and return to not take effect. or contact information unless you the beginning point at the peak of ADDRESSES: Submit your comments, provide it in the body of your comment. Woodson Mountain. identified by Regional Material in If you send an e-mail comment directly Signed: August 29, 2005. EDocket (RME) ID No. R06–OAR–2005– to EPA without going through RME or John J. Manfreda, TX–0030, by one of the following regulations.gov, your e-mail address will be automatically captured and Administrator. methods: • Federal eRulemaking Portal: http:// included as part of the comment that is Approved: November 3, 2005. www.regulations.gov. Follow the on-line placed in the public file and made Timothy E. Skud, instructions for submitting comments. available on the Internet. If you submit Deputy Assistant Secretary (Tax, Trade, and • Agency Web site: http:// an electronic comment, EPA Tariff Policy). docket.epa.gov/rmepub/, Regional recommends that you include your [FR Doc. 05–23684 Filed 12–6–05; 8:45 am] Material in EDocket (RME), EPA’s name and other contact information in BILLING CODE 4810–31–P electronic public docket and comment the body of your comment and with any system, is EPA’s preferred method for disk or CD–ROM you submit. If EPA receiving comments. Once in the cannot read your comment due to ENVIRONMENTAL PROTECTION system, select ‘‘quick search,’’ then key technical difficulties and cannot contact AGENCY in the appropriate RME Docket you for clarification, EPA may not be identification number. Follow the on- able to consider your comment. 40 CFR Part 52 line instructions for submitting Electronic files should avoid the use of comments. special characters, any form of [R06–OAR–2005–TX–0030; FRL–8005–9] • EPA Region 6 ‘‘Contact Us’’ Web encryption, and be free of any defects or viruses. Approval and Promulgation of site: http://epa.gov/region6/ Docket: All documents in the Implementation Plans; Texas; r6coment.htm. Please click on ‘‘6PD’’ electronic docket are listed in the Revisions to Regulations for Control of (Multimedia) and select ‘‘Air’’ before Regional Material in EDocket (RME) Air Pollution by Permits for New submitting comments. • index at http://docket.epa.gov/rmepub/. Construction or Modification E-mail: Mr. David Neleigh at [email protected]. Please also Although listed in the index, some AGENCY: Environmental Protection forward a copy to the person listed in information is not publicly available, Agency (EPA). the FOR FURTHER INFORMATION CONTACT i.e., CBI or other information whose ACTION: Direct final rule. section below. disclosure is restricted by statute. • Fax: Mr. David Neleigh, Chief, Air Certain other material, such as SUMMARY: The EPA is taking direct final Permits Section (6PD–R), at fax number copyrighted material, is not placed on action to approve revisions to the Texas 214–665–7263. the Internet and will be publicly State Implementation Plan (SIP) which • Mail: Mr. David Neleigh, Chief, Air available only in hard copy form. the Texas Commission on Permits Section (6PD–R), Environmental Publicly available docket materials are Environmental Quality (TCEQ) Protection Agency, 1445 Ross Avenue, available either electronically in RME or submitted to EPA on February 5, 2004. Suite 1200, Dallas, Texas 75202–2733. in the official file which is available at The adopted amendments revise • Hand or Courier Delivery: Mr. the Air Permits Section (6PD–R), minimum distance limitation permit David Neleigh, Chief, Air Permits Environmental Protection Agency, 1445 requirements for operation of new and Section (6PD–R), Environmental Ross Avenue, Suite 700, Dallas, Texas modified sources to allow storage of an Protection Agency, 1445 Ross Avenue, 75202–2733. The file will be made inoperative concrete crusher within 440 Suite 1200, Dallas, Texas 75202–2733. available by appointment for public yards of a residence, school, or place of Such deliveries are accepted only inspection in the Region 6 FOIA Review worship; define how distance between the hours of 8 a.m. and 4 p.m. Room between the hours of 8:30 a.m. measurements should be taken and weekdays except for legal holidays. and 4:30 p.m. weekdays except for legal when they would be applicable to Special arrangements should be made holidays. Contact the person listed in concrete crushers and other facilities; for deliveries of boxed information. the FOR FURTHER INFORMATION CONTACT and allow concrete crushers to recycle Instructions: Direct your comments to paragraph below or Mr. Bill Deese at broken concrete at temporary Regional Material in RME ID No. R06– (214) 665–7523 to make an demolition sites within 440 yards of OAR–2005–TX–0030. EPA’s policy is appointment. If possible, please make nearby buildings, unless the facility is that all comments received will be the appointment at least two working located in a county with a population of included in the public file without days in advance of your visit. There will 2.4 million or more, or in a county change, and may be made available be a 15 cent per page fee for making adjacent to such a county. The TCEQ online at http://docket.epa.gov/ photocopies of documents. On the day also revised the existing distance rmepub/, including any personal of the visit, please check in at the EPA limitation for hazardous waste information provided, unless the Region 6 reception area at 1445 Ross management facilities to cross-reference comment includes information claimed Avenue, Suite 700, Dallas, Texas. duplicative language elsewhere in its to be Confidential Business Information The state submittal is also available regulations. This action is being taken (CBI) or other information the disclosure for public inspection at the state Air
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Agency listed below during official • The revised rule provides an and measurement requirements to business hours by appointment: exemption from minimum distance facilities for which the Commission Texas Commission on Environmental limitations for concrete crushing which determines that operation at the location Quality, Office of Air Quality, 12124 results from on-site demolition for use will cause no adverse environmental or Park 35 Circle, Austin, Texas 78753. primarily at that site. The exemption is health effects. Texas has stated that FOR FURTHER INFORMATION CONTACT: limited to one period of no more than compliance with this condition will be Stanley M. Spruiell, Air Permits Section 180 days and is applicable if the facility determined during protectiveness (6PD–R), Environmental Protection is not located in a county with a review as part of permit development. Agency, Region 6, 1445 Ross Avenue, population of 2.4 million or more, or in The permit review will determine a county adjacent to such county. compliance with section Suite 700, Dallas, Texas 75202–2733, • The citation of the distance 116.111(2)(A)(i) of the existing SIP, telephone (214) 665–7212; fax number limitations for hazardous waste which provides that the emissions from 214–665–7263; e-mail address management facilities was redesignated a new or modified facility will comply [email protected]. from section 116.112(2) to section with all rules and regulations of the SUPPLEMENTARY INFORMATION: 116.112(c) and revised to refer to the Commission and with the intent of the Throughout this document wherever duplicative distance limitations for such Texas Clean Air Act, including the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean facilities in 30 TAC section 335.204 protection of the health and physical the EPA. (relating to Unsuitable Characteristics) property of the people. Texas noted that and section 335.205 (relating to Table of Contents sources must also comply with the Prohibition of Permit Issuance). These nuisance provisions of section 101.4 of I. What Is Being Addressed in This cross-referenced sections are equivalent the SIP. We have determined that the Document? to the former provisions of section revision meets the requirements of 40 II. Have the Requirements for Approval of a 116.112(2). The TCEQ limited SIP Revision Been Met? CFR 51.160(a) and section 110(l) of the III. What Final Action is EPA Taking? applicability of the cross-referenced CAA because it sets forth legally IV. Statutory and Executive Order Review provisions to section 335.204, as enforceable procedures that require the amended and adopted in the August 22, TCEQ to determine whether the I. What Is Being Addressed in This 2003 issue of the Texas Register (28 construction or modification will result Document? TexReg 6915), and section 335.205, as in a violation of applicable portions of We are taking direct final action to amended and adopted in the November the control strategy or will interfere approve revisions to Title 30 of the 9, 2001 issue of the Texas Register (26 with attainment or maintenance of a Texas Administrative Code (30 TAC) TexReg 9135). Thus hazardous waste national standard. The revision also Section 116.112—Distance Limitations management facilities must comply meets the requirement of 40 CFR into the Texas SIP. The TCEQ adopted with the distance limitations in the 51.160(e) to identify types of facilities these revisions on January 14, 2004, and specific versions of sections 335.204 that will be subject to review. and 335.205 identified in section submitted the revisions to us for III. What Final Action Is EPA Taking? approval as a revision to the SIP on 116.112(c). If TCEQ later revises section We are approving as a revision to the February 5, 2004. The rulemaking 335.204 or section 335.205, it must Texas SIP revisions of 30 TAC section implements Texas House Bills 555 and submit an appropriate SIP revision to 116.112—Distance Limitations, which 1287, section 5.07, 78th Legislature, EPA to incorporate the revised version Texas submitted on February 5, 2004. 2003. of section 335.204 or section 335.205 into section 116.112 and receive EPA We are publishing this rule without Section 116.112 currently establishes approval in order for EPA to recognize prior proposal because we view this as distance limitations for lead smelters, the revised versions of these sections. a noncontroversial amendment and hazardous waste facilities, and concrete The Technical Support Document, anticipate no adverse comments. crushing facilities. These distance which is part of the record for this However, in the proposed rules section limitations apply to new and modified action, contains more detailed of this Federal Register publication, we facilities in these source categories as information on how the revision meets are publishing a separate document that conditions of their new source review the requirements of the Act, including will serve as the proposal to approve the authorizations. The existing distance Section 110 and implementing SIP revision if adverse comments are limitations were approved September regulations. received. This rule will be effective on 30, 2003 (68 FR 56176). February 6, 2006 without further notice The revisions to section 116.112 II. Have the Requirements for Approval unless we receive adverse comment by which TCEQ submitted to EPA on of a SIP Revision Been Met? January 6, 2006. If we receive adverse February 5, 2004, revised the section The distance limitations in section comments, we will publish a timely 116.112 as follows: 116.112 are a discretionary measure not withdrawal in the Federal Register • The revised rule allows for storage mandated by the CAA. The revision informing the public that the rule will of an inoperative concrete crusher strengthens the SIP by providing not take effect. We will address all within 440 yards of a residence, school, protection for persons located near a public comments in a subsequent final or place or worship if the residence, lead smelter, concrete crushing facility, rule based on the proposed rule. We school, or place or worship was in use or hazardous waste management will not institute a second comment at the time the owner or operator filed facility. By restricting the location of period on this action. Any parties an application for the initial these types of facilities, the SIP provides interested in commenting must do so at authorization to operate that facility at additional assurance that persons this time. Please note that if we receive that location with the TCEQ. located near these types of facilities will adverse comment on an amendment, • The revised rule defines how not be adversely affected by exposure to paragraph, or section of this rule and if distance measurements should be taken the air contaminants emitted from these that provision may be severed from the and when they would be applicable to facilities. House Bill 1287 restricts remainder of the rule, we may adopt as distances between concrete crushers Texas’ authority to provide an final those provisions of the rule that are and other facilities. exemption from the distance limitation not the subject of an adverse comment.
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IV. Statutory and Executive Order approves a state rule implementing a This action is not a ‘‘major rule’’ as Reviews Federal standard, and does not alter the defined by 5 U.S.C. 804(2). Under Executive Order 12866 (58 FR relationship or the distribution of power Under section 307(b)(1) of the Clean 51735, October 4, 1993), this action is and responsibilities established in the Air Act, petitions for judicial review of not a ‘‘significant regulatory action’’ and Clean Air Act. This rule also is not this action must be filed in the United therefore is not subject to review by the subject to Executive Order 13045 States Court of Appeals for the Office of Management and Budget. For ‘‘Protection of Children from appropriate circuit by February 6, 2006. this reason, this action is also not Environmental Health Risks and Safety Filing a petition for reconsideration by subject to Executive Order 13211, Risks’’ (62 FR 19885, April 23, 1997), the Administrator of this final rule does ‘‘Actions Concerning Regulations That because it is not economically not affect the finality of this rule for the Significantly Affect Energy Supply, significant. purposes of judicial review nor does it Distribution, or Use’’ (66 FR 28355, May In reviewing SIP submissions, EPA’s extend the time within which a petition 22, 2001). This action merely approves role is to approve state choices, for judicial review may be filed, and state law as meeting Federal provided that they meet the criteria of shall not postpone the effectiveness of requirements and imposes no additional the Clean Air Act. In this context, in the such rule or action. This action may not requirements beyond those imposed by absence of a prior existing requirement be challenged later in proceedings to state law. Accordingly, the for the state to use voluntary consensus enforce its requirements. (See section Administrator certifies that this rule standards (VCS), EPA has no authority 307(b)(2).) will not have a significant economic to disapprove a SIP submission for List of Subjects in 40 CFR Part 52 impact on a substantial number of small failure to use VCS. It would thus be entities under the Regulatory Flexibility inconsistent with applicable law for Environmental protection, Air Act (5 U.S.C. 601 et seq.). Because this EPA, when it reviews a SIP submission, pollution control, Carbon monoxide, rule approves pre-existing requirements to use VCS in place of a SIP submission Incorporation by reference, under state law and does not impose that otherwise satisfies the provisions of Intergovernmental relations, Lead, any additional enforceable duty beyond the Clean Air Act. Thus, the Nitrogen dioxide, Ozone, Particulate that required by state law, it does not requirements of section 12(d) of the matter, Reporting and recordkeeping contain any unfunded mandate or National Technology Transfer and requirements, Sulfur oxides, Volatile significantly or uniquely affect small Advancement Act of 1995 (15 U.S.C. organic compounds. governments, as described in the 272 note) do not apply. This rule does Dated: November 30, 2005. Unfunded Mandates Reform Act of 1995 not impose an information collection (Pub. L. 104–4). burden under the provisions of the Carl E. Edlund, This rule also does not have tribal Paperwork Reduction Act of 1995 (44 Acting Regional Administrator, Region 6. implications because it will not have a U.S.C. 3501 et seq.). I 40 CFR part 52 is amended as follows: substantial direct effect on one or more The Congressional Review Act, 5 Indian tribes, on the relationship U.S.C. 801 et seq., as added by the Small PART 52—[AMENDED] between the Federal Government and Business Regulatory Enforcement Indian tribes, or on the distribution of Fairness Act of 1996, generally provides I 1. The authority citation for part 52 power and responsibilities between the that before a rule may take effect, the continues to read as follows: Federal Government and Indian tribes, agency promulgating the rule must Authority: 42 U.S.C. 7401 et seq. as specified by Executive Order 13175 submit a rule report, which includes a (65 FR 67249, November 9, 2000). This copy of the rule, to each House of the Subpart SS—Texas action also does not have Federalism Congress and to the Comptroller General implications because it does not have of the United States. EPA will submit a I 2. The table in § 52.2270(c) entitled substantial direct effects on the States, report containing this rule and other ‘‘EPA Approved Regulations in the on the relationship between the national required information to the U.S. Senate, Texas SIP’’ is amended by revising the government and the States, or on the the U.S. House of Representatives, and entry for Section 116.112 to read as distribution of power and the Comptroller General of the United follows: responsibilities among the various States prior to publication of the rule in levels of government, as specified in the Federal Register. A major rule § 52.2270 Identification of plan. Executive Order 13132 (64 FR 43255, cannot take effect until 60 days after it * * * * * August 10, 1999). This action merely is published in the Federal Register. (c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State ap- EPA State citation Title/Subject proval sub- approval Explanation mittal date date
******* Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification
******* Subchapter B—New Source Review Permits Division 1—Permit Application
******* Section 116.112 ...... Distance Limitations ...... 01/14/04 12/07/05
*******
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[FR Doc. 05–23717 Filed 12–6–05; 8:45 am] Summary of the Clarification will occur unless there is substantial terrain blocking the arrival of multiple BILLING CODE 6560–50–P I. Introduction signals into the same area (for example, 1. In the Second DTV Periodic Report interference will occur if one signal FEDERAL COMMUNICATIONS and Order, we approved in principle the arrives from the primary analog station COMMISSION use of distributed transmission system directly and a second signal arrives from (DTS) technologies but deferred to a a booster station). 47 CFR Part 73 separate proceeding the development of 3. We received 18 comments in the rules for DTS operation and the Second DTV Periodic Report and Order [MB Docket No. 05–312; FCC 05–192] examination of several policy issues relating to the use of DTS, with the related to its use. (See Second Periodic Digital Television Distributed parties generally supporting use of this Review of the Commission’s Rules and Transmission System Technologies; technology. We agreed with the Policies Affecting the Conversion to Clarification Order generally supportive comments that Digital Television, 69 FR 59500, October DTS technology offers potential benefits AGENCY: Federal Communications 4, 2004, (Second DTV Periodic Report to the public and noted the encouraging, Commission. and Order)). With this Clarification, we though limited, reports of the ACTION: Clarification. clarify the interim rules established in technology tested thus far. Accordingly, the Second DTV Periodic Report and in the Second DTV Periodic Report and SUMMARY: In this document, the Order, which will continue to be Order we approved in principle the use Commission clarifies the interim available for stations that wish to apply of DTS technology, set forth interim guidelines relating to DTS that were to use DTS technology during the guidelines, and committed to undertake established in the Second DTV Periodic pendency of this rulemaking a rulemaking proceeding to adopt rules Report and Order. The interim rules proceeding. In the Notice of Proposed for DTS operations. We now initiate that apply to stations that wish to use DTS Rulemaking (NPRM), which is rulemaking to propose rules for future during the pendency of this rulemaking published elsewhere in this issue of the DTS operation, seek further comment on proceeding in this docket. Federal Register, we examine the issues DTS operations and clarify certain DATES: Effective October 4, 2004. related to the use of DTS and propose aspects of the interim rules established FOR FURTHER INFORMATION CONTACT: For rules for future DTS operation. The in the Second DTV Periodic Report and additional information on this rules we propose in the NPRM will Order. proceeding, contact Evan Baranoff, apply with respect to existing authorized facilities and to use of DTS III. Clarification of DTS Interim [email protected] of the Media Authorization Policy Bureau, Policy Division, (202) 418– after establishment of the new DTV Table of Allotments, which may afford 4. In the Second DTV Periodic Report 2120. stations the opportunity to apply to and Order, we decided to permit SUPPLEMENTARY INFORMATION: This is a maximize their service areas after our interim DTS operations if they provided summary of the Commission’s current freeze on the filing of most predicted service only within a station’s Clarification Order, FCC 05–192, applications. currently authorized area (including its adopted on November 3, 2005, and replication area as well as any released on November 4, 2005. The full II. Background maximization area resulting from text of this document is available for 2. In the Second DTV Periodic NPRM facilities granted by a construction public inspection and copying during in MB Docket No. 03–15, we sought permit or license). In addition, for an regular business hours in the FCC comment on whether we should permit interim DTS proposal to be approved, Reference Center, Federal DTV stations to use DTS technologies. we stated that it needed to be designed Communications Commission, 445 12th (See Second Periodic Review of the to serve essentially all of its replication Street, SW., CY–A257, Washington, DC Commission’s Rules and Policies coverage area. We now take this 20554. These documents will also be Affecting the Conversion to Digital opportunity to respond to informal available via ECFS (http://www.fcc.gov/ Television, MB Docket No. 03–15, 68 FR industry inquiries by clarifying how the cgb/ecfs/). (Documents will be available 7737 February 18, 2003, (Second DTV interim guidelines apply to DTS during electronically in ASCII, Word 97, and/ Periodic NPRM).). A DTV distributed the pendency of this proceeding. or Adobe Acrobat.) The complete text transmission system would employ Specifically, consistent with the may be purchased from the multiple synchronized transmitters requirement to serve the population that Commission’s copy contractor, 445 12th spread around a station’s service area. is currently served, DTS transmitters Street, SW., Room CY–B402, Each transmitter would broadcast the must be located within the DTV Washington, DC 20554. To request this station’s DTV signal on the same station’s predicted noise-limited service document in accessible formats channel, relying on the performance of contour (PNLC). We will consider on a (computer diskettes, large print, audio ‘‘adaptive equalizer’’ circuitry in DTV case-by-case basis requests to extend recording, and Braille), send an e-mail receivers to cancel or combine the beyond the PNLC by a minimal to [email protected] or call the multiple signals plus any reflected distance, provided such extension is Commission’s Consumer and signals to produce a single signal. Such necessary to permit coverage of the area Governmental Affairs Bureau at (202) distributed transmitters could be within the PNLC. Further, consistent 418–0530 (voice), (202) 418–0432 considered to be similar to analog TV with this limitation, DTS transmitters (TTY). booster stations, a secondary, low power will be limited to power levels such that service used to fill in unserved areas in any individual DTS transmitter’s PNLC Paperwork Reduction Act of 1995 the parent station’s coverage area, but would only exceed the station’s PNLC Analysis DTV technology has the ability to enable by a minimal amount consistent with This document does not contain this type of operation in a much more the use of DTS to serve viewers within information collection requirements efficient manner. For analog TV the PNLC. For this interim policy, a subject to the Paperwork Reduction Act boosters, in contrast to DTV DTS station’s PNLC is based on its existing of 1995, Public Law 104–13. operation, significant self-interference authorizations (combined coverage areas
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from its DTV allotment, also referred to decisions, our staff will determine on a Atmospheric Administration (NOAA), as its ‘‘replication’’ service area, plus its case-by-case basis the adequacy of other Commerce. maximization construction permit, if aspects of proposed operation ACTION: Temporary rule; quota transfer. any, and maximization license, if any). (including permissible power, antenna This policy reflects the decisions made height, and the acceptability of SUMMARY: NMFS has determined that an in the Second DTV Periodic Review interference showings). Atlantic bluefin tuna (BFT) quota Report and Order to (1) require that DTS transfer from the Atlantic tunas General provide service to essentially all of a IV. Procedural Matters category to the Reserve category in the station’s replication coverage area; (2) A. Regulatory Flexibility Act Analysis amount of 200 metric tons (mt), is warranted. This action is being taken to permit but not require coverage of any 7. No Regulatory Flexibility Act maximization area; and (3) prohibit use account for any potential overharvests Analysis is legally required in the case of DTS on a primary basis beyond a that may occur in the Angling category of this Clarification. station’s currently authorized area during the 2005 fishing year (June 1, (including its replication area as well as B. Paperwork Reduction Act of 1995 2005 through May 31, 2006) and to any maximization area resulting from Analysis ensure that U.S. BFT harvest is facilities granted by a construction 8. This document does not contain consistent with recommendations of the permit or license). information collection requirements International Commission for the 5. We also clarify the requirement that subject to the Paperwork Reduction Act Conservation of Atlantic Tunas (ICCAT), the combined DTS noise-limited service of 1995, Public Law 104–13. pursuant to the Atlantic Tunas be provided over all of a station’s Convention Act (ATCA), and to meet replication service area. To evaluate C. Congressional Review Act the domestic management objectives whether a request to use DTS during 9. In order to supplement the under the Magnuson-Stevens Fishery this interim period conforms to this submission of the Second Periodic DTV Conservation and Management Act requirement, we examine whether every Report and Order which was made on (Magnuson-Stevens Act) and the Fishery location in a station’s replication service October 8, 2004, the Commission will Management Plan for Atlantic Tunas, area is within the PNLC of at least one send a copy of Clarification in a report Swordfish, and Sharks (HMS FMP). proposed DTS transmitter. Because we to be sent to Congress and the General DATES: The effective date of the BFT do not protect DTS service beyond the Accountability Office, pursuant to the quota transfer is December 2, 2005 station’s PNLC, DTS signals beyond the Congressional Review Act. through May 31, 2006. PNLC are considered to have secondary FOR FURTHER INFORMATION CONTACT: Brad status and must protect other licensed IV. Ordering Clauses McHale, 978–281–9260. operations. Stations designing DTS 10. It is ordered pursuant to sections SUPPLEMENTARY INFORMATION: operations should also recognize that 1, 4(i) and (j), 5(c)(1), 7, 301, 302, 303(f) DTS service beyond the area that the Regulations implemented under the and (r), 307, 308, 309, 316, 319, and 336, authority of the Atlantic Tunas station ‘‘certified’’ it intends to serve (on of the Communications Act of 1934, as Form 381 filed in accordance with the Convention Act (16 U.S.C. 971 et seq.) amended, 47 U.S.C. 51, 154(i) and (j), and the Magnuson-Stevens Act, (16 channel election process) may be 155(c)(1), 157, 301, 302, 303(f) and (r), considered secondary and unprotected U.S.C. 1801 et seq.) governing the 307, 308, 309, 316, 319, and 336, that harvest of BFT by persons and vessels in the planning for post-transition DTV the policy regarding interim use of service, and therefore may not be subject to U.S. jurisdiction are found at distributed transmission systems (DTS) 50 CFR part 635. Section 635.27 allowed to continue past the end of the is clarified as described herein. It is transition unless specifically re- subdivides the U.S. BFT quota further ordered that, pursuant to 47 recommended by ICCAT among the authorized. Consistent with our U.S.C. 155(c), the Chief, Media Bureau, determination in the Second DTV various domestic fishing categories. The is granted delegated authority to review categories, together with the General Periodic Report and Order, the and process applications to use DTS. threshold for unacceptable interference category effort controls, are specified to other stations will be new List of Subjects in 47 CFR Part 73 annually through procedures provided at § 635.23(a) and § 635.27(a). The 2005 interference exceeding 0.1 percent based Digital television, Radio. on the strongest of the multiple DTS BFT fishing year began on June 1, 2005, signals (not based on the combined Federal Communications Commission. and ends May 31, 2006. The final initial effect of the multiple DTS transmitters). Marlene H. Dortch, 2005 BFT specifications and General Stations wishing to use DTS, like all Secretary. category effort controls were published other stations, are required to comply [FR Doc. 05–23660 Filed 12–6–05; 8:45 am] on June 7, 2005 (70 FR 33033). with § 73.625 of our rules with respect BILLING CODE 6712–01–P Quota Transfer to service within the station’s community of license (sometimes To date, preliminary fishing reports referred to as a predicted signal strength DEPARTMENT OF COMMERCE from the 2005 recreational BFT fishery that is ‘‘noise-limited plus 7 dB’’) (47 indicate a season of strong effort and CFR 73.625). National Oceanic and Atmospheric participation which could potentially 6. A station’s desire to explore DTS Administration equate to high landings. This is in operation is not acceptable grounds for contrast with the low landing rates an extension of the replication and 50 CFR Part 635 across the commercial BFT categories. maximization interference protection The Angling category quota allocation of deadline. Any station employing an [I.D. 112305D] 288.6 mt for the 2005 season addressed interim arrangement of DTS transmitters Atlantic Highly Migratory Species; several issues including Angling on its build-out deadline will be Atlantic Bluefin Tuna Fisheries category quota overages during the last expected to demonstrate that its DTS several years, consistency with baseline operation meets the appropriate build- AGENCY: National Marine Fisheries quota percentages established in the out requirement. Beyond these Service (NMFS), National Oceanic and HMS FMP, and the Agency’s intent to
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provide a limited recreational season and patterns. Thus, NMFS needs to be NMFS needs to act promptly while during the 2005 fishing year. However, especially prudent and careful as the quota is still available in the General final 2005 recreational BFT landings fishery enters the last months of the category in order to take precautionary estimates will not be available until mid season with an unprecedented large steps regarding potential Angling to late January. Based on the lack of amount of quota, and will be carefully category overharvests. In addition, it is final recreational BFT catch estimates monitoring landings to assess the status necessary to promptly inform General and the Angling category overharvests of, and any impacts to, the fishery. category participants of the amount of experienced over the last couple of Monitoring and Reporting quota available for the remainder of the years, NMFS has determined that a risk General category BFT season to allow adverse strategy to transfer 200 mt from NMFS will continue to closely for industry to adequately plan and the General category quota to the monitor the General category BFT prepare. This action would allow the Reserve category is warranted as a fishery through daily dealer BFT General and Angling category fisheries precautionary measure to address any landing reports and communication to remain open while remaining potential overharvests in the Angling with industry and affected parties. consistent with recommendations of category. The Reserve category was Depending on the level of fishing effort ICCAT, pursuant to ATCA, and meeting established for the purpose of and catch rates of BFT, NMFS may the domestic management objectives compensating for any overharvest in any determine that additional management under the Magnuson-Stevens Act and category and would be used to take actions are necessary to ensure that the the HMS FMP. objectives of the HMS FMP and subsequent actions in the year following Delays in performing this inseason appropriate mandates are met. Closures, an overharvest and as necessary to meet quota transfer from the General category subsequent adjustments to the daily ICCAT obligations. to the Reserve category would be retention limits, and/or additional contrary to the public interest. Such This transfer is conducted in inseason quota transfers, if any, will be delays would adversely affect those accordance with the implementing published in the Federal Register. In Angling and General participants, as regulations at § 635.27(a)(8), which state addition, individuals may access the that NMFS has the authority to transfer Internet at www.nmfspermits.com or well as their support industries, quotas among categories, or, as call the Atlantic Tunas Information Line attempting to make plans for the appropriate, subcategories, of the at (888) 872–8862 or (978) 281–9260, for remainder of the BFT fishery and may fishery, after considering several factors. updates on quota monitoring and jeopardize the availability of quota to account for potential overharvests if End of General Category Season retention limit adjustments. landings rates increase dramatically. The amount of this transfer will still Classification Therefore, the AA finds good cause provide ample quota, approximately 545 The Assistant Administrator for under 5 U.S.C. 553(b)(B) to waive prior mt, for the remainder of the General Fisheries, NOAA (AA), finds that it is notice and the opportunity for public category BFT fishery, while ensuring impracticable and contrary to the public comment. For all of the above reasons there is sufficient quota in the Reserve interest to provide prior notice of, and there is also good cause under 5 U.S.C. category to address any potential an opportunity for public comment on 553(d) to waive the 30-day delay in Angling category overharvests that may this action. NMFS has recently become effectiveness. occur during the 2005 fishing year. As aware of increased availability of large This action is being taken under 50 of November 28, 2005, approximately school, small medium, large medium, CFR 635.27(a)(8) and is exempt from 163.5 mt has been landed against the and giant BFT on the South Atlantic review under Executive Order 12866. General category quota of 908.3 mt and fishing grounds. This increase in Authority: 16 U.S.C. 971 et seq. and 1801 catch rates to date have been extremely abundance provides the potential to et seq. slow. NMFS is concerned over the increase Angling and General category unusually large magnitude of General landings rates. As noted above, the Dated: December 1, 2005. category quota remaining at the end of regulations implementing the HMS FMP Alan D. Risenhoover, the 2005 fishing year. NMFS is aware of provide for inseason quota transfers, Acting Director, Office of Sustainable the need to provide adequate fishing taking into consideration several factors Fisheries, National Marine Fisheries Service. opportunities and to continue its including the probability of exceeding [FR Doc. 05–23734 Filed 12–2–05; 2:27 pm] support of traditional fishing practices the total BFT quota. BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 70, No. 234
Wednesday, December 7, 2005
This section of the FEDERAL REGISTER instructions for sending your comments Statement in the Federal Register contains notices to the public of the proposed electronically. published on April 11, 2000 (65 FR issuance of rules and regulations. The • Government-wide rulemaking Web 19477–78), or you may visit http:// purpose of these notices is to give interested site: Go to http://www.regulations.gov dms.dot.gov. persons an opportunity to participate in the and follow the instructions for sending rule making prior to the adoption of the final Examining the Docket rules. your comments electronically. • Mail: Docket Management Facility; You may examine the AD docket on U.S. Department of Transportation, 400 the Internet at http://dms.dot.gov, or in DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Nassif Building, person at the Docket Management room PL–401, Washington, DC 20590. Facility office between 9 a.m. and 5 Federal Aviation Administration • Fax: (202) 493–2251. p.m., Monday through Friday, except • Hand Delivery: Room PL–401 on Federal holidays. The Docket 14 CFR Part 39 the plaza level of the Nassif Building, Management Facility office (telephone 400 Seventh Street, SW., Washington, (800) 647–5227) is located on the plaza [Docket No. FAA–2005–23145; Directorate level of the Nassif Building at the DOT Identifier 2000–NM–215–AD] DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. street address stated in the ADDRESSES RIN 2120–AA64 Contact Empresa Brasileira de section. Comments will be available in Aeronautica S.A. (EMBRAER), P.O. Box the AD docket shortly after the Docket Airworthiness Directives; Empresa 343—CEP 12.225, Sao Jose dos Management System receives them. Brasileira de Aeronautica S.A. Campos—SP, Brazil, for service Discussion (EMBRAER) Model EMB–145, –145ER, information identified in this proposed –145MR, –145LR, –145XR, –145MP, and AD. On March 16, 1999, we issued AD 99– –145EP Airplanes 05–04, amendment 39–11087 (64 FR FOR FURTHER INFORMATION CONTACT: 13892, March 23, 1999), for all AGENCY: Todd Thompson, Aerospace Engineer, Federal Aviation EMBRAER Model EMB–145, –145ER, International Branch, ANM–116, Administration (FAA), Department of –145MR, –145LR, –145XR, –145MP, and Transport Airplane Directorate, FAA, Transportation (DOT). –145EP airplanes. That AD requires 1601 Lind Avenue, SW., Renton, ACTION: Notice of proposed rulemaking repetitive inspections to detect cracking Washington 98055–4056; telephone (NPRM). or failure of the rod ends of the aileron (425) 227–1175; fax (425) 227–1149. power control actuator (PCA), and SUMMARY: The FAA proposes to SUPPLEMENTARY INFORMATION: supersede an existing airworthiness corrective actions if necessary. That AD directive (AD) that applies to all Comments Invited resulted from the issuance of mandatory EMBRAER Model EMB–145, –145ER, continuing airworthiness information by We invite you to submit any relevant the Brazilian civil aviation authority, –145MR, –145LR, –145XR, –145MP, and written data, views, or arguments –145EP airplanes. The existing AD the Departmento de Aviacao Civil regarding this proposed AD. Send your (DAC). We issued that AD to detect and currently requires repetitive inspections comments to an address listed in the to detect cracking or failure of the rod correct cracking or failure of the rod ADDRESSES section. Include the docket ends of the aileron PCA, which could ends of the aileron power control number ‘‘Docket No. FAA–2005–23145; actuator (PCA), and corrective actions if result in reduced controllability of the Directorate Identifier 2000–NM–215– airplane. necessary. This proposed AD would AD’’ at the beginning of your comments. require the same repetitive inspections We specifically invite comments on the Actions Since Existing AD Was Issued of additional parts at new inspection overall regulatory, economic, Since we issued AD 99–05–04, the intervals for certain airplanes; provide environmental, and energy aspects of DAC notified us that it has received new corrective actions; and provide an the proposed AD. We will consider all additional reports of broken rod ends of optional terminating action for the comments received by the closing date the aileron PCA, involving part numbers proposed requirements. This proposed and may amend the proposed AD in (P/N) on which AD 99–05–04 did not AD results from the issuance of light of those comments. apply. The rod ends were broken either mandatory continuing airworthiness We will post all comments we at the aileron or at the wing side of the information by the Brazilian receive, without change, to http:// PCA. More recently, there have been airworthiness authority. We are dms.dot.gov, including any personal reports of cracking in the aileron PCA proposing this AD to detect and correct information you provide. We will also fittings at the wing side. Failure/ cracking or breaking of the rod ends and post a report summarizing each breaking of the aileron PCA rod ends or connecting fittings of the aileron PCA, substantive verbal contact with FAA connecting fittings, if not corrected, which could result in reduced personnel concerning this proposed AD. could result in reduced controllability controllability of the airplane. Using the search function of that Web of the airplane. DATES: We must receive comments on site, anyone can find and read the this proposed AD by January 6, 2006. comments in any of our dockets, Relevant Service Information ADDRESSES: Use one of the following including the name of the individual EMBRAER has issued the following addresses to submit comments on this who sent the comment (or signed the service documents: proposed AD. comment on behalf of an association, 1. Service Bulletin 145–27–0054, • DOT Docket Web site: Go to business, labor union, etc.). You may Change 03, dated March 30, 2000; and http://dms.dot.gov and follow the review the DOT’s complete Privacy Act Service Bulletin 145–27–0054, Change
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04, dated February 14, 2005. For PCAs 0061 be done before the actions in these 1. Require the same repetitive having certain P/Ns, these service service bulletins. These service bulletins inspections of additional P/Ns at new bulletins describe procedures for also specify that operators send the inspection intervals for certain repetitive visual inspections for replaced PCAs to the parts airplanes; cracking or failure of the aileron PCA manufacturer. 2. Provide new corrective actions; rod ends and connecting fittings at the 5. Service Bulletin 145–27–0063, 3. Require use of a new revision of the aileron connection points for the wing dated March 30, 2000; Service Bulletin previously required service bulletin; structure. Among other things, these 145–27–0063, Change 01, dated October and service bulletins also describe 2, 2000; Service Bulletin 145–27–0063, 4. Provide an optional terminating procedures for corrective actions that Change 02, dated March 22, 2002; action for the proposed requirements. include replacing PCAs that have Service Bulletin 145–27–0063, Change cracked or failed rod ends with new 03, dated May 27, 2004; Service Bulletin The proposed AD would require you PCAs, replacing cracked or failed 145–27–0063, Revision 04, dated to use the service information described fittings with new reinforced fittings, and October 13, 2004; and Service Bulletin previously to perform these actions. replacing any aileron having any 145–27–0063, Revision 05, dated March Differences Between the Proposed AD discrepancy found during the described 16, 2005. These service bulletins and the Brazilian Airworthiness inspections with a new or serviceable describe procedures for installing an Directive aileron. aileron damper and modifying the 2. Service Bulletin 145–57–0019, hydraulic system, among other actions. The Brazilian airworthiness directive Change 02, dated May 3, 2001; and 6. Subtask 27–12–01–212–002–A00 of does not give a compliance time for the Service Bulletin 145–57–0019, Change the EMBRAER EMB–145 Aircraft initial inspection of the PCA rod ends 03, dated February 11, 2004. These Maintenance Manual. This subtask and fittings. We would require that service bulletins describe procedures for provides procedures for inspecting the inspection to be done at the applicable replacing all PCA connecting fittings aileron PCA rod ends and fitting lugs. time specified in the following table, with new, redesigned, and reinforced The DAC mandated the service ‘‘Compliance Times for Initial fittings in the half-wings, among other information and issued Brazilian Inspection.’’ In developing an actions. EMBRAER recommends that airworthiness directive 1999–02–01R6, appropriate compliance time for this these service bulletins be done at the dated June 21, 2004, to ensure the inspection, we considered the same time as the actions in EMBRAER continued airworthiness of these manufacturer’s recommendation, the Service Bulletin 145–27–0061 and in airplanes in Brazil. degree of urgency associated with the EMBRAER Service Bulletin 145–27– subject unsafe condition, the average 0062 (both described below). FAA’s Determination and Requirements utilization of the affected fleet, and the 3. Service Bulletin 145–27–0061, of the Proposed AD time necessary to perform the Change 02, dated September 12, 2000; These airplane models are inspection (1 hour). We also considered Service Bulletin 145–27–0061, Change manufactured in Brazil and are type that the referenced service bulletin 03, dated March 14, 2001; and Service certificated for operation in the United (EMBRAER Service Bulletin 145–27– Bulletin 145–27–0061, Revision 04, States under the provisions of section 0054, Change 03, dated March 30, 2000), dated August 11, 2004. These service 21.29 of the Federal Aviation which contains the procedures for bulletins describe procedures for Regulations (14 CFR 21.29) and the accomplishing the required inspection, reinforcing the aileron PCA fittings and applicable bilateral airworthiness has been available to all operators of the reidentifying the aileron. EMBRAER agreement. Pursuant to this bilateral subject EMBRAER airplanes since recommends that these service bulletins airworthiness agreement, the DAC has March 2000. (EMBRAER Service be done at the same time as the actions kept the FAA informed of the situation Bulletin 145–27–0054, Change 03, was in EMBRAER Service Bulletins 145–57– described above. We have examined the revised on February 14, 2005, to add 0019 and 145–27–0062. DAC’s findings, evaluated all pertinent two airplanes to the effectivity; we 4. Service Bulletin 145–27–0062, information, and determined that AD understand that the actions specified in Revision 03, dated December 11, 2002; action is necessary for airplanes of this the service bulletin have been and Service Bulletin 145–27–0062, type design that are certificated for accomplished on those two airplanes.) Revision 04, dated March 8, 2004. For operation in the United States. In light of all of these factors, we find PCAs with certain P/Ns, these service This proposed AD would supersede that the initial inspection must be bulletins describe procedures for AD 99–05–04 and would continue to accomplished at the applicable time replacing the aileron PCAs with new, require repetitive inspections to detect specified in the table below, which improved aileron PCAs, among other cracking or failure of the rod ends of the represents an appropriate interval of actions. EMBRAER recommends that aileron PCA, and corrective actions if time allowable for affected airplanes to the actions in EMBRAER Service necessary. This proposed AD would continue to operate without Bulletins 145–57–0019 and 145–27– also: compromising safety.
TABLE.—COMPLIANCE TIMES FOR INITIAL INSPECTION
For airplanes that have PCAs with these part numbers (P/N)— Do the initial inspection—
394900–1003 or 394900–1005 ...... Within 3 days after the effective date of this AD. 394900–1007 ...... Within 14 days after the effective date of this AD. 418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800– Within 500 flight hours after the effective date of this AD. 9005, 418800–1007, or 418800–9007; and that have new reinforced PCA fittings installed in accordance with paragraph (k) or (l) of this AD.
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The Brazilian airworthiness directive require replacing any cracked or failed cracked or failed aileron PCA rod ends also does not give a compliance time for part before further flight. or connecting fittings are found. This replacing cracked or failed PCA fittings In addition, the Brazilian AD would require the inspection to be or rod ends. This proposed AD would airworthiness directive does not specify repeated at the intervals specified in the what operators should do when no following table.
TABLE.—REPEAT INSPECTION INTERVALS
For airplanes that have PCAs with these part numbers (P/N)— Repeat the inspection—
394900–1003 or 394900–1005 ...... At intervals not to exceed 25 flight hours or 3 days, whichever occurs later. 394900–1007 ...... At intervals not to exceed 100 flight hours or 14 days, whichever oc- curs later. 418800–1001, 418800–1003, 418800–9003, 418800–1005, 418800– At intervals not to exced 500 flight hours. 9005, 418800–1007, or 418800–9007; and that have new reinforced PCA fittings installed in accordance with paragraph (j) or (k) of this AD.
These differences have been REVISED PARAGRAPH IDENTIFIERS 05–04 to send a report of any cracked coordinated with the DAC and they are or failed rod end to the Manager, Corresponding re- in agreement. Requirement in AD Atlanta Aircraft Certification Office, quirement in this pro- FAA. We no longer need this 99–05–04 posed AD Change to Existing AD information from operators. This proposed AD would retain Paragraph (a) ...... Paragraph (f). Interim Action certain requirements of AD 99–05–04. Paragraph (b) ...... Paragraph (g). We consider this proposed AD Since AD 99–05–04 was issued, the AD In addition, all references to a interim action. If final action is later format has been revised, and certain ‘‘detailed visual inspection’’ have been identified, we may consider further paragraphs have been rearranged. As a changed to refer to a ‘‘detailed rulemaking then. result, the corresponding paragraph inspection.’’ A definition of detailed Costs of Compliance identifiers have changed in this inspection is included in Note 1 of the proposed AD, as listed in the following proposed AD. The following table provides the table: We have also removed the estimated costs for U.S. operators to requirement in paragraph (c) of AD 99– comply with this proposed AD.
ESTIMATED COSTS
Number Work Average of U.S.- Action hours labor rate Parts Cost per airplane registered Fleet cost per hour airplanes
Inspections (required by AD 1 $65 None .... $65, per inspection cycle ...... 661 $42,965, per inspection cycle. 99–05–04). Inspections (new proposed ac- 1 65 None .... $65, per inspection cycle ...... 661 $42,965, per inspection cycle. tion for airplanes subject to EMBRAER Service Bulletin 145–27–0054). Replacing the PCA connecting 24 65 $19,817 $21,377...... 661 $14,130,197. fittings (new proposed ac- tion).
Authority for This Rulemaking air commerce by prescribing regulations States, on the relationship between the for practices, methods, and procedures national Government and the States, or Title 49 of the United States Code the Administrator finds necessary for on the distribution of power and specifies the FAA’s authority to issue safety in air commerce. This regulation responsibilities among the various rules on aviation safety. Subtitle I, is within the scope of that authority levels of government. section 106, describes the authority of because it addresses an unsafe condition For the reasons discussed above, I the FAA Administrator. Subtitle VII, that is likely to exist or develop on Aviation Programs, describes in more certify that the proposed regulation: products identified in this rulemaking 1. Is not a ‘‘significant regulatory detail the scope of the Agency’s action. authority. action’’ under Executive Order 12866; We are issuing this rulemaking under Regulatory Findings 2. Is not a ‘‘significant rule’’ under the the authority described in subtitle VII, We have determined that this DOT Regulatory Policies and Procedures part A, subpart III, section 44701, proposed AD would not have federalism (44 FR 11034, February 26, 1979); and ‘‘General requirements.’’ Under that implications under Executive Order 3. Will not have a significant section, Congress charges the FAA with 13132. This proposed AD would not economic impact, positive or negative, promoting safe flight of civil aircraft in have a substantial direct effect on the on a substantial number of small entities
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under the criteria of the Regulatory Applicability lighting at an intensity deemed appropriate. Flexibility Act. (c) This AD applies to all EMBRAER Model Inspection aids such as mirror, magnifying EMB–145, –145ER, –145MR, –145LR, lenses, etc., may be necessary. Surface We prepared a regulatory evaluation cleaning and elaborate procedures may be of the estimated costs to comply with –145XR, –145MP, and –145EP airplanes, certificated in any category. required.’’ this proposed AD and placed it in the AD docket. See the ADDRESSES section Unsafe Condition Corrective Actions for a location to examine the regulatory (d) This AD results from the issuance of (g) If any cracked or failed rod end is evaluation. mandatory continuing airworthiness detected during any inspection performed in information by the Brazilian airworthiness accordance with paragraph (f) of this AD, List of Subjects in 14 CFR Part 39 authority. We are issuing this AD to detect prior to further flight, replace the aileron and correct cracking or breaking of the rod Air transportation, Aircraft, Aviation PCA with a new part having the same part ends and connecting fittings of the aileron number, in accordance with EMBRAER Alert safety, Safety. power control actuator (PCA), which could Service Bulletin 145–27–A054, Change 01, The Proposed Amendment result in reduced controllability of the dated February 17, 1999; or EMBRAER airplane. Service Bulletin 145–27–0062, Revision 03, Accordingly, under the authority Compliance dated December 11, 2002, or Revision 04, delegated to me by the Administrator, dated March 8, 2004. After the effective date (e) You are responsible for having the of this AD replace the aileron PCA only with the FAA proposes to amend 14 CFR part actions required by this AD performed within 39 as follows: a new part that is listed in the ‘‘New P/N’’ the compliance times specified, unless the column in section 2. ‘‘Material—Cost and actions have already been done. PART 39—AIRWORTHINESS Availability’’ of EMBRAER Service Bulletin 145–27–0062, Revision 03, dated December DIRECTIVES Restatement of Certain Requirements of AD 99–05–04 11, 2002, or Revision 04, dated March 8, 2004. Do the replacement in accordance with 1. The authority citation for part 39 Initial and Repetitive Inspections the Accomplishment Instructions of the continues to read as follows: (f) Within 24 hours (1 day) after March 29, service bulletin. Where the service bulletin Authority: 49 U.S.C. 106(g), 40113, 44701. 1999 (the effective date of AD 99–05–04), says to send parts to the parts manufacturer, perform a detailed inspection to detect that action is not required by this AD. § 39.13 [Amended] cracking or failure of the rod ends of the PCA New Requirements of This AD at the aileron and wing connection points, in 2. The Federal Aviation accordance with EMBRAER Alert Service Repetitive Inspections Administration (FAA) amends § 39.13 Bulletin 145–27–A054, Change 01, dated by removing amendment 39–11087 (64 (h) At the applicable ‘‘Initial Inspection’’ February 17, 1999; or EMBRAER Service compliance time in Table 1 of this AD: Do Bulletin 145–27–0054, Change 03, dated FR 13829, March 23, 1999) and adding a general visual inspection to detect cracking March 30, 2000, or Change 04, dated the following new airworthiness or failure of the rod ends and connecting February 14, 2005. Repeat the inspection in directive (AD): fittings in the left- and right-hand PCAs at the accordance with the service bulletin aileron and wing structure connection points, Empresa Brasileira De Aeronautica S.A. thereafter at intervals not to exceed 3 days or in accordance with Part I of the (EMBRAER): Docket No. FAA–2005– 25 flight hours, whichever occurs later, until Accomplishment Instructions of EMBRAER 23145; Directorate Identifier 2000–NM– the initial inspection required by paragraph Service Bulletin 145–27–0054, Change 03, 215–AD. (h) of this AD is done. dated March 30, 2000, or Change 04, dated Comments Due Date Note 1: For the purposes of this AD, a February 14, 2005. Repeat the inspection at (a) The FAA must receive comments on detailed inspection is: ‘‘An intensive the applicable ‘‘Repeat’’ interval in Table 1 this AD action by January 6, 2006. examination of a specific item, installation, of this AD. Doing the initial inspection in or assembly to detect damage, failure, or accordance with paragraph (h) of this AD Affected ADs irregularity. Available lighting is normally terminates the repetitive inspections in (b) This AD supersedes AD 99–05–04. supplemented with a direct source of good paragraph (f) of this AD.
TABLE 1.—INITIAL AND REPETITIVE INSPECTION INTERVALS
For airplanes that have PCAs with part numbers (P/N)— Do the initial inspection— Repeat the inspection—
394900–1003, 394900–1005 ...... Within 3 days after the ef- At intervals not to exceed 25 flight hours or 3 days, fective date of this AD. whichever occurs later. 394900–1007 ...... Within 14 days after the ef- At intervals not to exceed 100 flight hours or 14 days, fective date of this AD. whichever occurs later. 418800–1001, 418800–1003, 418800–9003,418800– Within 500 flight hours after At intervals not to exceed 500 flight hours. 1005, 418800–9005, 418800–1007, or 418800–9007; the effective date of this and that have new reinforced PCA fittings installed in AD. accordance with paragraph (k) or (l) of this AD.
Note 2: For the purposes of this AD, a as daylight, hangar lighting, flashlight, or AD: Repeat the inspection required by general visual inspection is ‘‘A visual droplight and may require removal or paragraph (h) of this AD at the applicable examination of an interior or exterior area, opening of access panels or doors. Stands, time specified in Table 1 of this AD. installation, or assembly to detect obvious ladders, or platforms may be required to gain damage, failure, or irregularity. This level of proximity to the area being checked.’’ Corrective Actions for Cracked or Failed Rod Ends inspection is made from within touching distance unless otherwise specified. A mirror No Cracked or Failed PCA Rod Ends or (j) If any cracked or failed rod end is found may be necessary to enhance visual access to Connecting Fittings during any inspection required by paragraph all exposed surfaces in the inspection area. (i) If no cracked or failed PCA rod end or (h) of this AD: Before further flight, replace This level of inspection is made under connecting fitting is found during any the aileron PCA with a new part as listed in normally available lighting conditions such inspection required by paragraph (h) of this the ‘‘New P/N’’ column in section 2.
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‘‘Material—Cost and Availability’’ of with Part I of the Accomplishment in accordance with EMBRAER EMB–145 EMBRAER Service Bulletin 145–27–0062, Instructions of EMBRAER Service Bulletin Aircraft Maintenance Manual Task 27–12– Revision 03, dated December 11, 2002, or 145–57–0019, Change 02, dated May 3, 2001, 01–212–002–A00, ‘‘Inspect (Visual Revision 04, dated March 8, 2004. Do the or Change 03, dated February 11, 2004; and Inspection) Aileron PCA Rod Ends/Fitting replacement in accordance with the Part I of the Accomplishment Instructions of Lugs for Integrity and General Condition’’, is Accomplishment Instructions of the service EMBRAER Service Bulletin 145–27–0061, one approved method. Thereafter, repeat the bulletin. Where the service bulletin specifies Change 02, dated September 12, 2000, inspection at the applicable time specified in to send parts to the parts manufacturer, that Change 03, dated March 14, 2001, or Table 1 of this AD. action is not required by this AD. Revision 04, dated August 11, 2004. (1) For airplanes with PCAs with Optional Terminating Action Corrective Actions for Cracked or Failed PCA P/N 394900–1003, 394900–1005, or 394900– Connecting Fittings (n) Airplanes that meet all conditions in 1007: At the later of the times in paragraphs paragraphs (n)(1), (n)(2), (n)(3), and (n)(4) of (k) If any cracked or failed PCA connecting (l)(1)(i) and (l)(1)(ii) of this AD. this AD are not subject to the requirements fitting at the wing or aileron side is found (i) Before the airplane accumulates 6,000 of paragraphs (f), (h), (i), (j), (k), (l), and (m) during any inspection required by paragraph total flight hours. of this AD. (h) of this AD: Before further flight, replace (ii) Within 3 days or 25 flight hours after (1) The airplane is equipped with new the PCA connecting fitting with a new, the effective date of this AD, whichever aileron PCAs with P/N 418800–1001, reinforced fitting, in accordance with Part I occurs later. 418800–1003, 418800–9003, 418800–1005, of the Accomplishment Instructions of (2) For airplanes with PCAs with P/N 418800–9005, 418800–1007, or 418800–9007. EMBRAER Service Bulletin 145–57–0019, 418800–1001, 418800–1003, 418800–9003, (2) The airplane is equipped with new, Change 02, dated May 3, 2001, or Change 03, 418800–1005, 418800–9005, 418800–1007, or dated February 11, 2004; and EMBRAER 418800–9007: Before the airplane reinforced PCA fittings installed in Service Bulletin 145–27–0061, Change 02, accumulates 6,000 total flight hours, or production or in accordance with the dated September 12, 2000, Change 03, dated within 600 flight hours after the effective Accomplishment Instructions of EMBRAER March 14, 2001, or Revision 04, dated August date of this AD, whichever occurs later. Service Bulletin 145–57–0019, Change 02, 11, 2004. (m) For airplanes with PCAs with P/N dated May 3, 2001, or Change 03, dated 418800–1001, 418800–1003, 418800–9003, February 11, 2004; and EMBRAER Service PCA Connecting Fitting Replacement 418800–1005, 418800–9005, 418800–1007, or Bulletin 145–27–0061, Change 02, dated (l) For airplanes with aileron PCAs with 418800–9007: At the applicable time September 12, 2000, Change 03, dated March P/N 394900–1003, 394900–1005, 394900– specified in Table 1 of this AD following the 14, 2001, or Revision 04, dated August 11, 1007, 418800–1001, 418800–1003, 418800– replacement specified in paragraph (l) of this 2004; as applicable. 9003, 418800–1005, 418800–9005, 418800– AD, do a general visual inspection of the (3) The airplane is equipped with an 1007, or 418800–9007: Except as required by replaced part using a method approved by aileron damper with P/N 41012130–103 or paragraph (k) of this AD, at the applicable either the Manager, International Branch, 41012130–104 that was installed in time in paragraphs (l)(1) and (l)(2) of this AD, ANM–116, Transport Airplane Directorate, production or in accordance with the replace the aileron PCA connecting fittings FAA; or the Departmento de Aviacao Civil Accomplishment Instructions of any service with new, reinforced fittings, in accordance (or its delegated agent). Doing the inspections bulletin listed in Table 2 of this AD.
TABLE 2.—AILERON DAMPER INSTALLATION SERVICE BULLETINS
EMBRAER service bulletin Revision level Date
145–27–0063 ...... Original ...... March 30, 2000. 145–27–0063 ...... Change 01 ...... October 2, 2000. 145–27–0063 ...... Change 02 ...... March 22, 2002. 145–27–0063 ...... Change 03 ...... May 27, 2004. 145–27–0063 ...... Revision 04 ...... October 13, 2004. 145–27–0063 ...... Revision 05 ...... March 16, 2005.
(4) The general visual inspections for Related Information DEPARTMENT OF ENERGY structural integrity of the aileron PCA and (p) Brazilian airworthiness directive 1999– the aileron damper terminals and fittings at 02–01R6, dated June 21, 2004, also addresses Federal Energy Regulatory the wing and aileron sides at intervals not the subject of this AD. Commission exceeding 1,000 flight hours, established in the EMBRAER Model EMB–145 Maintenance Issued in Renton, Washington, on 18 CFR Parts 41, 158, 286 and 349 Review Board document, are implemented. November 1, 2005. Ali Bahrami, [Docket No. RM06–2–000] Alternative Methods of Compliance (AMOCs) Manager, Transport Airplane Directorate, (o)(1) The Manager, International Branch, Aircraft Certification Service. Procedures for Disposition of ANM–116, Transport Airplane Directorate, Contested Audit Matters [FR Doc. 05–23702 Filed 12–6–05; 8:45 am] FAA, has the authority to approve AMOCs for this AD, if requested in accordance with BILLING CODE 4910–13–P November 30, 2005. the procedures found in 14 CFR 39.19. AGENCY: Federal Energy Regulatory (2) Before using any AMOC approved in Commission, DOE. accordance with § 39.19 on any airplane to ACTION: Notice of proposed rulemaking: which the AMOC applies, notify the Extension of comment period. appropriate principal inspector in the FAA Flight Standards Certificate Holding District SUMMARY: On October 20, 2005, the Office. Federal Energy Regulatory Commission (3) Alternative methods of compliance issued a Notice of Proposed Rulemaking approved previously in accordance with AD regarding procedures for the disposition 99–05–04 are approved as alternative of contested audit matters (70 FR 65866, methods of compliance with this AD. November 1, 2005). The Commission is
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extending the date for filing reply DEPARTMENT OF THE TREASURY I. Authority to Prescribe Alcohol comments at the request of the Interstate Beverage Labeling and Advertising Natural Gas Association. Alcohol and Tobacco Tax and Trade Regulations Bureau DATES: Reply comments are due on or Sections 105(e) and 105(f) of the Federal Alcohol Administration Act before December 9, 2005. 27 CFR Parts 4, 5, and 7 (FAA Act), codified in the United States ADDRESSES: Reply comments may be Code at 27 U.S.C. 205(e) and 205(f), set [Notice No. 53] filed electronically via the eFiling link forth standards for the regulation of the on the Commission’s Web site at labeling and advertising of distilled RIN 1513—AB16 http://www.ferc.gov. Commenters spirits, wine (at least 7 percent alcohol unable to file comments electronically Use of the Word ‘‘Pure’’ or Its Variants by volume), and malt beverages, must send an original and 14 copies of on Labels or in Advertisements of generally referred to as ‘‘alcohol their comments to: Federal Energy Alcohol Beverage Products; Request beverage products’’ throughout this Regulatory Commission, Office of the for Public Comment document. These sections give the Secretary, 888 First Street, NE., Secretary of the Treasury the authority Washington, DC 20426. Refer to the AGENCY: Alcohol and Tobacco Tax and to issue regulations to prevent deception Comment Procedures section of the Trade Bureau, Treasury. of the consumer, to provide the preamble for additional information on ACTION: Advance notice of proposed consumer with ‘‘adequate information’’ how to file comments. rulemaking. as to the identity and quality of the product, and to prohibit false or FOR FURTHER INFORMATION CONTACT: John SUMMARY: The Alcohol and Tobacco Tax misleading statements on product labels R. Kroeger, Office of Market Oversight and Trade Bureau is considering and in advertisements. Additionally, and Investigations, Federal Energy amending the regulations concerning these FAA Act provisions give the Regulatory Commission, 888 First the use of the word ‘‘pure’’ on labels or Secretary the authority to prohibit, Street, NE., Washington, DC 20426. in advertisements of alcohol beverage irrespective of falsity, statements (202) 502–8177. products. We wish to gather information relating to age, manufacturing processes, by inviting comments from the public analyses, guarantees, and scientific or SUPPLEMENTARY INFORMATION: and industry as to whether the existing irrelevant matters which are likely to Notice of Extension of Time regulations should be revised. mislead the consumer. In the case of DATES: We must receive written malt beverages, the labeling and On November 29, 2005, the Interstate comments on or before February 6, advertising provisions of the FAA Act Natural Gas Association of America 2006. apply only if the laws of the State into (INGAA) filed a motion for an extension which the malt beverages are to be ADDRESSES: You may send comments to of time to file reply comments in any one of the following addresses: shipped impose similar requirements. response to the Commission’s Notice of • Director, Regulations and Rulings The Alcohol and Tobacco Tax and Proposed Rulemaking issued October Division, Alcohol and Tobacco Tax and Trade Bureau (TTB) is responsible for 20, 2005, in the above-docketed Trade Bureau, Attn: Notice No. 53, P.O. the administration of the FAA Act and proceeding. Procedures for Disposition Box 14412, Washington, DC 20044– the regulations promulgated under it. of Contested Audit Matters, 113 FERC 4412. The labeling and adverting regulations ¶ 61,069 (2005). The motion states that • 202–927–8525 (facsimile). for wine, distilled spirits, and malt because of the extensive and substantial • [email protected] (e-mail). beverages are codified in title 27 of the initial comments that were filed in this • http://www.ttb.gov/alcohol/rules/ Code of Federal Regulations (CFR), parts proceeding, the intervening index.htm (an online comment form is 4, 5, and 7, respectively. Thanksgiving holiday and the press of posted with this notice on our Web site). II. Current Regulatory Standards the significant Commission proceedings • http://www.regulations.gov (Federal Sections 5.42(b)(5) and 5.65(a)(8) of in which INGAA is participating, e-rulemaking portal; follow instructions the TTB regulations (27 CFR 5.42(b)(5) for submitting comments). INGAA requires additional time to and 5.65(a)(8)), hereinafter referred to You may view copies of this advance consult with its members and prepare collectively as the ‘‘pure regulations,’’ notice and any comments we receive on well-developed and responsive reply currently state that the word ‘‘pure’’ this notice by appointment at the TTB comments. may not be used on distilled spirits Library, 1310 G Street, NW., Upon consideration, notice is hereby labels or in advertisements unless: Washington, DC 20220. To make an given that an extension of time for filing • It refers to a particular ingredient appointment, call 202–927–2400. You reply comments in this proceeding is used in the production of the distilled may also access copies of the advance spirits, and is a truthful representation granted to and including December 9, notice and comments online at http:// 2005, as requested by INGAA. about the ingredient; or www.ttb.gov/alcohol/rules/index.htm. • It is part of the bona fide name of Magalie R. Salas, See Section VI of this notice for a permittee or retailer for whom the Secretary. specific instructions and requirements distilled spirits are bottled; or for submitting comments and for [FR Doc. 05–23728 Filed 12–6–05; 8:45 am] • It is part of the bona fide name of information on how to request a public BILLING CODE 6717–01–M the permittee who bottled the distilled hearing. spirits. FOR FURTHER INFORMATION CONTACT: Lisa TTB considers variants of the word M. Gesser, Regulations and Rulings ‘‘pure’’ such as ‘‘purest,’’ ‘‘purity,’’ and Division, Alcohol and Tobacco Tax and ‘‘pureness’’ to fall within the purview of Trade Bureau, P.O. Box 128, Morganza, these regulations. These prohibitions MD 20660; (301) 290–1460. apply only to distilled spirits. There are SUPPLEMENTARY INFORMATION: no similar prohibitions on the use of the
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word ‘‘pure’’ in the labeling or proposed rulemaking, Notice No. 313, in ATF believes that when the word ‘‘pure’’ advertising of wine or malt beverages. the Federal Register (43 FR 54266). The reflects a truthful statement about a purpose of Notice No. 313 was to obtain particular ingredient, such as ‘‘pure water,’’ III. Regulatory History Concerning the input from industry members and the it should be allowed to be stated. However, Use of ‘‘Pure’’ on Distilled Spirits the word ‘‘pure’’ may not be used to describe general public concerning the Labels and in Advertisements the finished product, such as ‘‘pure gin.’’ advertising provisions of the FAA Act, TTB and its predecessor agencies Therefore, ATF is amending the regulations and it suggested specific topics within to allow for such statements and claims on have had a regulation in force 27 CFR parts 4, 5, and 7, which ATF labels and in advertisements of distilled concerning the word ‘‘pure’’ since the was considering changing. Among these spirits. Further, the present use of ‘‘pure’’ 1930s. The original regulation was first topics, ATF considered changing the when it is part of the bona fide name of a published on April 2, 1936 (1 FR 92), total prohibition of the use of the term permittee or retailer for whom the distilled and provided that labels and ‘‘pure.’’ Of those that commented spirits are bottled is retained. One advertisements of distilled spirits shall directly on the pure regulations, commenter suggested that the word ‘‘pure’’ not contain the word ‘‘pure’’ except as should be allowed to appear in the name of fourteen commenters were equally the permittee who bottles the distilled spirits. part of the bona fide name of a permittee divided on whether to allow the term or a retailer for whom the distilled ATF has no objection to this and is amending ‘‘pure’’ to be used or not. Two other the regulation accordingly. spirits are bottled. This regulation, as commenters favored its use on straight well as additional regulations governing whiskeys only, while one commenter IV. Recent Enforcement Activities and the labeling and advertising of distilled favored deleting the particular sections Challenges to the Pure Regulations spirits, was codified into 27 CFR part 5. prohibiting its use (§ 5.42(b)(5) and On April 22, 1936, the Treasury After receiving a complaint § 5.65(a)(8)) and, instead, prohibiting its concerning advertisements of distilled Department published a notice of use under false or misleading statements hearing with reference to proposed spirits products boasting purity claims, (§ 5.42(a)(1) and § 5.65(a)(1)). Three amendments to the distilled spirits TTB undertook a project to identify and commenters stated that alcohol regulations. Included among the contact distilled spirits industry beverages were not pure, and that the proposed amendments were possible members that were using the word use of the word ‘‘pure’’ as applied to amendments to the regulations ‘‘pure’’ or its variants in their alcohol beverages was misleading. prohibiting the word ‘‘pure’’ on distilled advertising. TTB has found that the use Various regulatory definitions for spirits labels and in advertisements. On of pure terminology in advertising (and ‘‘pure’’ suggested by commenters were May 15, 1936, the Treasury Department in some labeling) appears to be confined viewed by ATF as too broad or vague to conducted the hearings. During the exclusively to clear spirits such as be of any assistance. hearings, Treasury’s Assistant General vodka and gin. Within that sector, TTB Counsel, John E. O’Neill, stated that the On December 19, 1980, ATF has found that its use is widespread. ‘‘ordinary man’’ regarded the word published a notice of proposed TTB has sent letters stating the Bureau’s ‘‘pure’’ as denoting that the product is rulemaking, Notice No. 362 (45 FR policy to over 20 different distilled wholesome, free from adulterants, free 83530), proposing to lift the total spirits industry members regarding their from harmful ingredients, and not restriction against the use of the term website advertising of 26 different deleterious to a person’s health. O’Neill ‘‘pure,’’ among other proposals. The distilled spirits products. further argued that if a product were notice stated: As a result of the letters, some industry members raised questions permitted to be called ‘‘pure’’ Historically, the Bureau has prohibited the consumers would regard it as meeting use of pure when it refers to a distilled spirits about the pure regulations as well as that definition. Others testified against product. However, with current consumer TTB’s policy that extends the the prohibition of the word ‘‘pure’’ with awareness and understanding, the Bureau regulations to include variants of the respect to its use to describe certain believes that its present restrictive position is word ‘‘pure.’’ The following summarizes types of whisky. One individual unnecessary when such terms used are the principal arguments we received: testified that while he was satisfied with truthful and not misleading. Therefore, the • The plain language of the regulation the regulations prohibiting the word Bureau is proposing to lift the total at 27 CFR 5.65(a)(8) prohibits the use of restriction against the use of the term ‘‘pure.’’ the word ‘‘pure’’ only, and does not ‘‘pure’’ on labels and in advertisements, For example, the Bureau will allow its use he did not believe that the word ‘‘pure’’ when referring to the water used in extend to variations on the word ‘‘pure’’ described a healthful commodity. producing the distilled spirits. However, the such as ‘‘purest’’ or ‘‘purity.’’ Other Rather, he believed the word ‘‘pure’’ Bureau is particularly interested in sections in the distilled spirits would refer to whether the product had comments on this issue. advertising regulations that prohibit been adulterated with some other certain words and variations of the material. Another testified that to the Sixteen commenters responded prohibited words do so by using phrases average person the word ‘‘pure’’ denotes concerning this issue, with 12 such as ‘‘synonymous terms’’ or quality and that those seeking to use it supporting ATF’s proposal. Two ‘‘similar terms.’’ The lack of such terms have the desire to distinguish between commenters who supported the use of in the pure regulation evidences the the quality of one product over another. ‘‘pure’’ stated that it should refer to intent to limit the regulation to the word Upon the conclusion of the hearings particular ingredients only, not the ‘‘pure’’ only. concerning the regulations in part 5, the finished distilled spirits product. • Certain vodkas are pure in the prohibition of the word ‘‘pure’’ On August 8, 1984, ATF issued TD– general sense of the term and therefore remained unchanged. 180 (49 FR 31667), which, among other the statements are not misleading and The prohibition of the word ‘‘pure’’ changes, amended the distilled spirits are protected by the First Amendment to on distilled spirits labels and in labeling and advertising regulations to the U.S. Constitution. advertisements was raised for modify the pure regulation to reflect its • Even though distilled spirits reconsideration on November 21, 1978, present content. The language in the contain some impurities, other when the Bureau of Alcohol, Tobacco preamble to the regulatory amendments commodities, such as beer and wine, and Firearms (ATF), TTB’s predecessor explains the reasoning for the relaxation also contain impurities and TTB agency, published an advance notice of of the prohibition of the word ‘‘pure:’’ regulations do not prohibit use of the
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term ‘‘pure’’ as it relates to those Your comments must include this we receive on this proposal on the TTB commodities. notice number and your name and Web site. We may omit voluminous mailing address. Your comments must attachments or material that we V. Request for Comments be legible and written in language consider unsuitable for posting. In all TTB is considering whether to amend acceptable for public disclosure. We do cases, the full comment will be available the regulations concerning the use of the not acknowledge receipt of comments, in the TTB Library. To access the online word ‘‘pure’’ or its variants in the and we consider all comments as copy of this notice, visit http:// labeling and advertising of alcohol originals. You may submit comments in www.ttb.gov/alcohol/rules/index.htm. beverage products. To assist TTB in one of five ways: Select the ‘‘View Comments’’ link under identifying and implementing the best • Mail: You may send written this notice number to view the posted course of action, we wish to gather comments to TTB at the address listed comments. information by inviting comments from in the ADDRESSES section. the public and industry as to how, if at • Facsimile: You may submit VII. Drafting Information all, the existing regulations should be comments by facsimile transmission to Lisa M. Gesser and Joanne C. Brady of amended. In addition to general 202–927–8525. Faxed comments must— the Regulations and Procedures Division comments on the issue, we are seeking (1) Be on 8.5 by 11-inch paper; drafted this advance notice. comments on the following specific (2) Contain a legible, written Signed: September 29, 2005. questions. signature; and John J. Manfreda, A. What does the general public (3) Be no more than five pages long. consider the word ‘‘pure’’ to mean when This limitation assures electronic access Administrator. used on labels and in advertisements of to our equipment. We will not accept Approved: November 3, 2005. alcohol beverage products? Does its use faxed comments that exceed five pages. Timothy E. Skud, convey information to the consumer • E-mail: You may e-mail comments Deputy Assistant Secretary (Tax, Trade, and about the identity and quality of the to [email protected]. Comments transmitted Tariff Policy). product? Does its use convey by electronic mail must— [FR Doc. 05–23680 Filed 12–6–05; 8:45 am] information about the alcohol content of (1) Contain your e-mail address; BILLING CODE 4810–31–P a product? (2) Reference this notice number on B. TTB considers variants of the word the subject line; and ‘‘pure’’ such as ‘‘pureness,’’ ‘‘purest,’’ (3) Be legible when printed on 8.5 by DEPARTMENT OF THE TREASURY and ‘‘purity’’ to fall within the purview 11-inch paper. of the pure regulations. Are these • Online form: We provide a Alcohol and Tobacco Tax and Trade variants misleading and, if so, should comment form with the online copy of Bureau TTB amend the regulations to prohibit this notice on our Web site at http:// their use? Should TTB limit the scope www.ttb.gov/alcohol/rules/index.htm. 27 CFR Part 9 of the pure regulations to the word Select the ‘‘Send comments via e-mail’’ [Notice No. 54] ‘‘pure’’ only? link under this notice number. C. Would the use of terms or claims • Federal e-Rulemaking Portal: To RIN 1513–AA89 submit comments to us via the Federal such as ‘‘pure vodka,’’ ‘‘pure whisky,’’ Proposed Establishment of Tracy Hills e-rulemaking portal, visit http:// ‘‘vodka with exceptional purity’’ on Viticultural Area (2003R–508P) distilled spirits labels and in www.regulations.gov and follow the advertisements mislead consumers? instructions for submitting comments. AGENCY: Alcohol and Tobacco Tax and Would the use of similar terms or claims You may also write to the Trade Bureau, Treasury. on wine and malt beverage products Administrator before the comment ACTION: Notice of proposed rulemaking. mislead consumers? closing date to ask for a public hearing. D. Should TTB amend the pure The Administrator reserves the right to SUMMARY: The Alcohol and Tobacco Tax regulations to allow the use of the word determine, in light of all circumstances, and Trade Bureau proposes to establish ‘‘pure’’ and its variants on distilled whether to hold a public hearing. the 39,200-acre Tracy Hills viticultural spirits labels and in advertisements if Confidentiality area in San Joaquin and Stanislaus the statements are truthful? How can Counties, California, approximately 55 TTB substantiate the truthfulness of All submitted material is part of the miles east-southeast of San Francisco. such claims? How should pure be public record and subject to disclosure. We designate viticultural areas to allow defined? Do not enclose any material in your vintners to better describe the origin of E. Should TTB permit the use of the comments that you consider their wines and to allow consumers to word ‘‘pure’’ or its variants on distilled confidential or inappropriate for public better identify wines they may spirits product labels and in disclosure. purchase. We invite comments on this advertisements if those products meet a Public Disclosure proposed addition to our regulations. certain standard? If so, what should that DATES: We must receive written standard be? You may view copies of this advance notice, the petitions, and any comments comments on or before February 6, F. What would be the impact of 2006. allowing the use of these terms? we receive by appointment at the TTB G. Should TTB prohibit the use of the Library at 1310 G Street, NW., ADDRESSES: You may send comments to word ‘‘pure’’ and its variants on labels Washington, DC 20220. You may also any of the following addresses: and in advertisements for malt obtain copies at 20 cents per 8.5 by 11- • Director, Regulations and Rulings beverages and wine products? Why or inch page. Contact our librarian at the Division, Alcohol and Tobacco Tax and why not? above address or telephone 202–927– Trade Bureau, Attn: Notice No. 54, P.O. 2400 to schedule an appointment or to Box 14412, Washington, DC 20044– VI. Submitting Comments request copies of comments. 4412. Please submit your comments by the For your convenience, we will post • 202–927–8525 (facsimile). closing date shown above in this notice. this advance notice and any comments • [email protected] (e-mail).
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• http://www.ttb.gov/alcohol/rules/ describe more accurately the origin of 9.3(b)(1) of the TTB regulations, that the index.htm. An online comment form is their wines to consumers and helps proposed viticultural area is locally or posted with this notice on our Web site. consumers to identify wines they may nationally known as Mt. Oso. In • http://www.regulations.gov (Federal purchase. Establishment of a viticultural response, the petitioner amended the e-rulemaking portal; follow instructions area is neither an approval nor an petition to propose use of the name for submitting comments). endorsement by TTB of the wine ‘‘Tracy Hills’’ for the proposed You may view copies of this notice, produced in that area. viticultural area. The petitioner also has the petition, the appropriate maps, and revised the proposed viticultural area’s any comments we receive about this Requirements western boundary and submitted notice by appointment at the TTB Section 4.25(e)(2) of the TTB additional evidence to support the Library, 1310 G Street, NW., regulations outlines the procedure for amended petition. We summarize below Washington, DC 20220. To make an proposing an American viticultural area the information submitted in support of appointment, call 202–927–2400. You and provides that any interested party the petition. may also access copies of the notice and may petition TTB to establish a grape- Name Evidence comments online at http://www.ttb.gov/ growing region as a viticultural area. alcohol/rules/index.htm. Section 9.3(b) of the TTB regulations The petitioner states that the name See the Public Participation section of requires the petition to include— ‘‘Tracy,’’ which is used to identify the this notice for specific instructions and • Evidence that the proposed city of Tracy, California, and its requirements for submitting comments, viticultural area is locally and/or surrounding agricultural land, together and for information on how to request nationally known by the name specified with the geographical modifier ‘‘Hills,’’ a public hearing. in the petition; accurately describes and names the • FOR FURTHER INFORMATION CONTACT: N. Historical or current evidence that proposed Tracy Hills viticultural area. A. Sutton, Regulations and Rulings supports setting the boundary of the Stating that the name ‘‘Tracy Hills’’ is Division, Alcohol and Tobacco Tax and proposed viticultural area as the ‘‘locally and nationally associated with petition specifies; the proposed area,’’ the petition Trade Bureau, 925 Lakeville St., No. • 158, Petaluma, CA 94952; telephone Evidence relating to the discusses the rationale for the Tracy 415–271–1254. geographical features, such as climate, Hills name and offers examples of its soils, elevation, and physical features, use for the land within the proposed SUPPLEMENTARY INFORMATION: that distinguish the proposed viticultural area. Background on Viticultural Areas viticultural area from surrounding areas; The petition included copies of eight • A description of the specific newspaper articles from the Tracy Press TTB Authority boundary of the proposed viticultural featuring petitioner Jeff Brown’s Mt. Oso Section 105(e) of the Federal Alcohol area, based on features found on United Vineyards or wines made from its Administration Act (the FAA Act, 27 States Geological Survey (USGS) maps; grapes. The articles list the vineyard’s U.S.C. 201 et seq.) requires that alcohol and location as Tracy, demonstrating, beverage labels provide consumers with • A copy of the appropriate USGS according to the petition, the close adequate information regarding product map(s) with the proposed viticultural association between the proposed area’s identity and prohibits the use of area’s boundary prominently marked. vineyards and the ‘‘Tracy’’ name. misleading information on those labels. However, the petition states that the Tracy Hills Petition The FAA Act also authorizes the use of ‘‘Tracy’’ alone for the proposed Secretary of the Treasury to issue TTB has received a petition from Sara viticultural area does not accurately regulations to carry out its provisions. Schorske of Compliance Service of describe the area and would mislead The Alcohol and Tobacco Tax and America, Inc., filed on behalf of the consumers about the specific location of Trade Bureau (TTB) administers these Brown family, owners of a vineyard the area. The proposed viticultural area regulations. near Tracy, California. The petitioner includes only a small part of the land Part 4 of the TTB regulations (27 CFR proposes to establish the 39,200-acre within the Tracy city limits, and it does part 4) allows the establishment of ‘‘Tracy Hills’’ viticultural area south and not include all the land surrounding the definitive viticultural areas and the use southwest of the city of Tracy, city of Tracy. Due to differences in of their names as appellations of origin California, in southern San Joaquin and climate, soil, water table levels, and on wine labels and in wine northern Stanislaus Counties. Located slope, the land to the north, east, and advertisements. Part 9 of the TTB approximately 55 miles east-southeast southeast of Tracy is excluded from the regulations (27 CFR part 9) contains the of San Francisco, the proposed Tracy proposed viticultural area. list of approved viticultural areas. Hills viticultural area currently Therefore, the petitioner emphasizes encompasses 1,005 acres of vineyards. that it would be misleading and Definition The proposed area is not within, nor inaccurate to name the proposed Section 4.25(e)(1)(i) of the TTB does it include, any other proposed or viticultural area ‘‘Tracy,’’ without the regulations (27 CFR 4.25(e)(1)(i)) defines established viticultural area. The addition of the ‘‘Hills’’ modifier. In a viticultural area for American wine as distinguishing climatic features of the support of this usage, the petitioner a delimited grape-growing region proposed viticultural area, the petition cites the use of ‘‘Valley’’ as a modifier distinguishable by geographical states, include the area’s limited rainfall in the names of the Napa Valley features, the boundaries of which have and consistent winds, along with its viticultural area (27 CFR 9.23), which been recognized and defined in part 9 sparse fog, frost, and dew. surrounds the city of Napa, and the of the regulations. These designations Originally, the petitioner proposed Temecula Valley viticultural area (27 allow vintners and consumers to the name ‘‘Mt. Oso’’ for this viticultural CFR 9.50), which lies outside the city of attribute a given quality, reputation, or area. However, after a careful evaluation Temecula in southern California. other characteristic of a wine made from of the original petition, TTB concluded, To further support the use of the grapes grown in an area to its and advised the petitioner, that the proposed ‘‘Tracy Hills’’ name, the geographic origin. The establishment of submitted evidence did not petitioner notes that the Coast Range viticultural areas allows vintners to demonstrate, as required by section foothills southwest of the city of Tracy,
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the lower elevations of which are The portion of the Tracy Hills real southwest in the Diablo Mountains. included within the proposed estate development appropriate for This rain shadow effect gives the viticultural area, are informally called viticulture, the petitioner explains, is proposed viticultural area a drier ‘‘the Tracy Hills,’’ and the petitioner included in the northern region of the climate with less fog, dew, frost, and provides examples of the name’s proposed Tracy Hills viticultural area. hail. Beyond the proposed boundary to association with the proposed area. Other parts of the proposed viticultural the west, north, and south, the The petition states that ‘‘Tracy Hills’’ area lie within the rural, San Joaquin distinctive differences in geography and is the name of a large real estate Valley agricultural lands to the proximity to the Altamont Pass create a development located on the southwest southwest and south of the city of wetter, windier climate, according to the side of the city of Tracy along either Tracy, according to the provided USGS petition. side of Interstate Highway 580 (I–580). maps and the California State Part of the Tracy Hills development, the Automobile Association Central Distinguishing Features petition notes, is within the northern California map of May 2001. Topography portion of the proposed Tracy Hills The boundary of the proposed Tracy viticultural area. In 1998, the city of Hills viticultural area, according to the The western portion of the proposed Tracy annexed the development, petitioner, encompasses viticultural Tracy Hills viticultural area lies in the according to a July 7, 2004, Stockton features that distinguish the proposed eastern foothills of the Diablo Range, Record newspaper article, ‘‘Council area from the regions north, east and while the remainder of the proposed Delays Tracy Hills Vote,’’ included in southeast of the city of Tracy. According area slopes to the east towards the lower the revised petition. The revised to the petitioner, these distinguishing elevations of the San Joaquin River petition also included copies of, or features include the proposed area’s valley, according to the provided USGS statements from, Federal government microclimate, soils, and slope. maps. This transitional terrain, between environmental reports from the early The proposed Tracy Hills viticultural 500 feet and 100 feet in elevation, 1990s, a 1999 Sierra Club newsletter, area, which is nestled between the creates a 400-foot drop within a 3 to 3.7 and newspaper articles from the lower elevations of the San Joaquin mile west-to-east span, giving the Sacramento Bee and the Tracy Press that River valley floor to the east and the proposed area a 2 percent to 2.5 percent discuss the Tracy Hills real estate steeper terrain of the Diablo Range to slope, as noted in the petition. development and its location, growth, the west, has east-sloping terrain, as Three intermittent streams, Corral and impact on local water resources. shown on the provided USGS maps. Hollow, Lone Tree, and Hospital Creeks, In addition, the petition included The proposed viticultural area boundary flow east through the proposed Tracy evidence of other references to the Tracy encompasses a 400-foot change in Hills viticultural area, to the San Hills name. For example, the petition elevation and includes streams and east- Joaquin Valley flood plain, the includes a map of the proposed sloping alluvial fans and plains, petitioner explains. Flowing down from Northern California Passenger Rail according to the petitioner and the the higher Diablo Range elevations, Network. This map shows a future high- provided USGS maps. these streams created the alluvial fans speed rail line running through The petitioner notes that the 100-foot and deposits found within the proposed Altamont Pass and, east of the pass, a to 500-foot elevation within the Tracy Hills viticultural area. proposed Tracy Hills viticultural area is ‘‘Tracy Hills’’ station within the Tracy Climate Hills development. The petition also distinct from the surrounding areas. To includes information about the ‘‘Tracy the west of the proposed boundary line The petitioner emphasizes that the Hills Ride,’’ sponsored by the San are the significantly higher elevations unique climate of the proposed Tracy Joaquin Valley Rangers horse and steep terrain of the Diablo Range, as Hills viticultural area is its most enthusiasts club (www.sjvr.org). This noted on USGS maps of the area. To the distinctive characteristic. The sheltering horseback ride begins and ends within north and east are the nearly sea level effect of Mt. Oso and the Diablo Range, the proposed area along State Highway flood plains of the San Joaquin River. the marine winds coming through the 132 (Bird Road), according to club The proposed southern boundary line, Altamont Pass, and the cold air drainage information included in the petition. A according to the petitioner, is the from the higher mountain elevations, 1995 NASCAR publication, the petition dividing point between two alluvial the petitioner explains, create a states, places the reopened Altamont fans. microclimate in the proposed Tracy Raceway ‘‘in the Tracy hills,’’ while a The petitioner states that the Hills area with the lowest annual September 29, 2003, East Bay Business proposed Tracy Hills viticultural area rainfall in the Tracy region. The Times article titled ‘‘Sutter, Kaiser Build soils are predominantly of alluvial petitioner adds that these climatic Up Valley Presence,’’ notes that a donor origin from the higher Diablo Range elements combine to produce a gave 20 acres ‘‘in the Tracy hills’’ for a elevations, beyond the proposed microclimate with less rain, fog, dew, hospital. boundary. While similar to the soils and frost than the surrounding areas. found to the south, the petitioner Rainfall Boundary Evidence explains that the alluvial soils of the Located south and southwest of the proposed area are distinct from the As noted above, the proposed Tracy city of Tracy in southern San Joaquin mountainous sedimentary soils to the Hills viticultural area is located on the and northern Stanislaus Counties, west, the organic peat soils to the north, west side of the San Joaquin Valley area California, the proposed Tracy Hills and the heavy clay soils to the east. and, therefore, according to the viticultural area largely lies between The petitioner also states that the petitioner, is in the rain shadow of Mt. State Route 33 to the east and Interstate proposed Tracy Hills viticultural area Oso in the Diablo Range. This rain 580 to the west, with a portion of the has a distinctive microclimate, which shadow creates an environment with area reaching west of the Interstate into contrasts with the climate found in the less precipitation than the surrounding the foothills of the Diablo Mountains. surrounding region. The proposed area, areas, the petitioner adds. Based on its The proposed area is about 15 miles the petition states, is located within the proximity to the 3,347-foot sheltering long northwest to southeast, and about rain shadow created by Mt. Oso, which Mt. Oso peak, the proposed Tracy Hills 5 miles wide east to west. is located to the proposed area’s viticultural area has 8 to 9 inches of
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annual rain, the petitioner explains, the rain shadow, with Stockton at about during the 1990s as measured in degree which is the lowest in the region. 13 inches of rain and Lodi at 16 inches days. (Each degree that a day’s mean According to the provided San Joaquin of rain annually, according to the temperature is above 50 degrees F, County Soil Survey map, the average provided rainfall map. which is the minimum temperature annual precipitation, in inches, in the Temperature required for grapevine growth, is surrounding regions of San Joaquin counted as one degree day; see ‘‘General County is at least 10 inches. Also, at the The temperatures found in the Viticulture,’’ Albert J. Winkler, higher mountain elevations, about 9 proposed Tracy Hills viticultural area University of California Press, 1975.) miles west of the proposed boundary vary from the surrounding areas, These 10-year averages reflect lower and line, the rainfall map shows about 18 according to the petitioner. A statistical upper threshold temperatures of 50 to inches, or twice the rainfall of the table (compiled by Stan Grant of 115 degrees F, respectively. All mileages proposed Tracy Hills viticultural area. Progressive Viticulture, Turlock, are according to California State To the north, along the San Joaquin California) shows the average annual Valley floor, the precipitation increases heat accumulation at various weather Automobile Association’s Central correspond to the longer distances from stations in the greater Tracy region California map of May 2001.
1990–1999 DEGREE DAY AVERAGES
Direction/ distance from Weather station Degree days County the proposed Tracy Hills viticultural area
Tracy-Carbona ...... 4,033 San Joaquin ..... On site. Brentwood ...... 3,776 Contra Costa .... West 23 miles. Manteca ...... 3,726 San Joaquin ..... North 10 miles. Modesto ...... 4,446 Stanislaus ...... East 14 miles. Newman ...... 4,498 Stanislaus ...... South 22 miles.
Brentwood is closer to the cooling seasons is very strong, blowing from the north, according to the petitioner. If the maritime influences of San Francisco northwest along the western side of the San fog does invade the proposed area at all, Bay and the Carquinez Strait, according Joaquin Valley. the petitioner notes that it is usually to the petitioner, while Manteca is The constant wind of the Altamont short-lived. directly in the path of the cooling Pass has a cooling effect on vineyards marine winds blowing through the within the proposed Tracy Hills Soil Altamont Pass. The proposed Tracy viticultural area through evaporation of As noted in the soil maps submitted Hills viticultural area is located a short moisture on grapevine leaves, according with the petition, the soils in the distance south of Altamont Pass, while to the petitioner. The earth-warmed proposed Tracy Hills viticultural area Modesto is about 25 miles south of the marine air and winds of the Livermore are recent alluvial deposits from the pass. Newman, the warmest region, is Valley blow west-to-east through the intermittent streams flowing down from 40 miles south of the pass and its Pass, into the San Joaquin Valley, and the upper elevations of the Diablo Range cooling marine winds, the petitioner then south, passing directly over the to the San Joaquin Valley floor. The states. proposed viticultural area, the petitioner geologic fans and fan terraces found explains. Also, the down-slope winds Wind along the Corral Hollow, Hospital and from the Diablo Range have a cooling Lonetree Creeks meld into one vast The petitioner explains that the climatic influence on the area’s alluvial plain, according to the San degree day measurement of heat agriculture. Joaquin County Soil Survey. accumulation referred to above does not indicate seasonal vine growth and Frost and Fog The soils found on this alluvial plain development as accurately when fog, The petitioner states that residents are very deep, well-drained to clouds, and a prevailing wind affect the and workers in the proposed Tracy Hills moderately well-drained, and have proposed viticultural area. The viticultural area have observed certain water tables deeper than six feet. Silty significance of wind is noted in a 1943 distinctive climatic characteristics and clay soils are found at the lower USDA Soil Survey of the Tracy area: within the area. Frost is ‘‘unknown,’’ the elevations of this alluvial plain, while at petitioner explains, although it occurs its higher elevations, soils are generally Aside from the soil and moisture conditions, which have the most important beyond the proposed viticultural area gravelly and the alluvial deposits are bearing on crops that can be grown in this boundary. Ground fog forms to the eroded with deep drainage cuts. The area, another factor that has a definite south of the proposed Tracy Hills principal soils are listed in the table influence is wind. The wind during certain viticultural area and gradually extends below.
SOIL TYPES IN PROPOSED TRACY HILLS VITICULTURAL AREA
Elevation Soil type Location (in feet)
Carbona clay loam ...... Uplifted, dissected terraces ...... 500–130 Zacharias gravelly clay loam ...... Alluvial fans, low stream terraces ...... 300–50 Stomar clay loam ...... Alluvial fans ...... 300–40 El Solyo clay loam ...... Alluvial fans ...... 300–60
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SOIL TYPES IN PROPOSED TRACY HILLS VITICULTURAL AREA—Continued
Elevation Soil type Location (in feet)
Vernalis clay loam ...... Alluvial fans ...... 300–25 Vernalis-Zacharias complex ...... Alluvial fans ...... 250–25 Capay clay ...... Interfan basins ...... 200–30 Capay clay, wet ...... Interfan basins ...... 140–25
Beyond the boundary of the proposed viticultural significance if the new reasonably applies to the entire region Tracy Hills viticultural area, the soils viticultural area were to be established. encompassed within the boundary of and their origins differ, according to the Accordingly, the proposed part 9 the proposed viticultural area, and, if petitioner. To the north are the low- regulatory text set forth in this not, whether any suitable alternative elevation organic peat soils of the document specifies only the full ‘‘Tracy names exist for the proposed area. Sacramento-San Joaquin Delta region. Hills’’ name as a term of viticultural Please provide any available specific To the east, and generally below the significance for purposes of part 4 of the information in support of your 100-foot elevation, are heavy clay soils TTB regulations. comments. with higher water tables created by For a wine to be eligible to use as an Because of the potential impact of the irrigation and proximity to the San appellation of origin the name of a establishment of the proposed Tracy Joaquin River. To the south, the soils viticultural area specified in part 9 of Hills viticultural area on brand labels and terrain are similar to the proposed the TTB regulations, at least 85 percent that include the words ‘‘Tracy Hills’’ as Tracy Hills viticultural area, with the of the grapes used to make the wine discussed above under Impact on proposed boundary line primarily must have been grown within the area Current Wine Labels, we also are defining the border between the alluvial represented by that name, and the wine particularly interested in comments fans of Hospital Creek, which is within must meet the other requirements of 27 regarding whether there will be a the proposed viticultural area, and CFR 4.25(e)(3). If the wine is not eligible conflict between the proposed area Ingram Creek, which is further to the to use the viticultural area name as an name and currently used brand names. south. To the west, and above the 500- appellation of origin and that name If a commenter believes that a conflict foot elevation in the upper foothills of appears in the brand name, then the will arise, the comment should describe the Diablo Range, the soils are primarily label is not in compliance and the the nature of that conflict, including any gravelly, older alluvial deposits. Also to bottler must change the brand name and negative economic impact that approval the west, the soils are rolling to very obtain approval of a new label. of the proposed viticultural area will steep and situated on terrain of uplifted, Similarly, if the viticultural area name have on an existing viticultural dissected terraces and mountains, appears in another reference on the enterprise. We are also interested in developed on bedrock. label in a misleading manner, the bottler receiving suggestions for ways to avoid would have to obtain approval of a new any conflicts, for example by adopting Boundary Description label. Accordingly, if a new label or a a modified or different name for the See the narrative boundary previously approved label uses the viticultural area. description of the petitioned-for name ‘‘Tracy Hills’’ for a wine that does Although TTB believes that only the viticultural area in the proposed not meet the 85 percent standard, the full name ‘‘Tracy Hills’’ should be regulatory text published at the end of new label will not be approved, and the considered to have viticultural this notice. previously approved label will be significance upon establishment of the subject to revocation, upon the effective proposed viticultural area, we also Maps date of the approval of the Tracy Hills invite comments from those who believe The petitioner provided the required viticultural area. that ‘‘Tracy’’ standing alone would have maps, and we list them below in the Different rules apply if a wine has a viticultural significance. Comments in proposed regulatory text. brand name containing a viticultural this regard should include area name that was used as a brand Impact on Current Wine Labels documentation or other information name on a label approved before July 7, supporting the conclusion that use of Part 4 of the TTB regulations prohibits 1986. See 27 CFR 4.39(i)(2) for details. ‘‘Tracy’’ on a wine label could cause any label reference on a wine that Public Participation consumers and vintners to attribute to indicates or implies an origin other than the wine in question the quality, the wine’s true place of origin. If we Comments Invited reputation, or other characteristic of establish this proposed viticultural area, We invite comments from interested wine made from grapes grown in the its name, ‘‘Tracy Hills,’’ will be members of the public on whether we proposed Tracy Hills viticultural area. recognized as a name of viticultural should establish the proposed significance. Consequently, wine viticultural area. We are also interested Submitting Comments bottlers using ‘‘Tracy Hills’’ in a brand in receiving comments on the Please submit your comments by the name, including a trademark, or in sufficiency and accuracy of the name, closing date shown above in the notice. another label reference as to the origin climatic, boundary, and other required Your comments must include this of the wine, will have to ensure that the information submitted in support of the notice number and your name and product is eligible to use the viticultural petition. In particular, we are concerned mailing address. Your comments must area’s name as an appellation of origin. about the adequacy of the petition’s be legible and written in language On the other hand, we do not believe name evidence. Accordingly, we are acceptable for public disclosure. We do that any single part of the proposed seeking information in this regard from not acknowledge receipt of comments, viticultural area name standing alone, persons familiar with the area as to and we regard all comments as such as ‘‘Tracy,’’ would have whether the ‘‘Tracy Hills’’ name originals.
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You may submit comments in one of copy of this notice and the submitted (4) Lone Tree Creek, Calif., 1955, five ways: comments, visit http://www.ttb.gov/ photorevised 1971; and • Mail: You may send written alcohol/rules/index.htm. Select the (5) Midway Calif., 1953, photorevised comments to TTB at the address listed ‘‘View Comments’’ link under this 1980. in the ADDRESSES section. notice number to view the posted (c) Boundary. The Tracy Hills • Facsimile: You may submit comments. viticultural area is located in comments by facsimile transmission to southwestern San Joaquin County and 202–927–8525. Faxed comments must— Regulatory Flexibility Act northwestern Stanislaus County. The (1) Be on 8.5- by 11-inch paper; We certify that this proposed boundary of the Tracy Hills viticultural (2) Contain a legible, written regulation, if adopted, would not have area is defined as follows— signature; and a significant economic impact on a (1) The point of beginning is on the (3) Be no more than five pages long. substantial number of small entities. Tracy map at the intersection of the This limitation assures electronic access The proposed regulation imposes no Delta-Mendota Canal and Lammers to our equipment. We will not accept new reporting, recordkeeping, or other Ferry Road, along the western boundary faxed comments that exceed five pages. administrative requirement. Any benefit line of section 6, T3S/R5E. From that • E-mail: You may e-mail comments derived from the use of a viticultural point, proceed 0.4 mile generally to [email protected]. Comments transmitted area name would be the result of a southeast along the Delta-Mendota by electronic mail must— proprietor’s efforts and consumer Canal to its intersection with the (1) Contain your e-mail address; acceptance of wines from that area. Western Pacific railway line along the (2) Reference this notice number on Therefore, no regulatory flexibility southern boundary line of section 6, the subject line; and analysis is required. T3S, R5E (Tracy map); then (3) Be legible when printed on 8.5- by (2) Proceed 5.6 miles straight east 11-inch paper. Executive Order 12866 along the Western Pacific railway line • Online Form: We provide a This proposed rule is not a significant and then along Linne Road to the comment form with the online copy of regulatory action as defined by intersection of Linne Road and Lehman this notice on our Web site at http:// Executive Order 12866, 58 FR 51735. Road, along the northern boundary line www.ttb.gov/alcohol/rules/index.htm. Therefore, it requires no regulatory of section 12, T3S, R5E (Vernalis map); Select the ‘‘Send comments via e-mail’’ assessment. then link under this notice number. (3) Proceed 1.5 miles straight south Drafting Information • Federal e-Rulemaking Portal: To and then east along Lehman Road to its submit comments to us via the Federal N.A. Sutton of the Regulations and intersection with Bird Road at the e-rulemaking portal, visit http:// Rulings Division drafted this notice. southeast corner of section 12, T3S, R5E www.regulations.gov and follow the List of Subjects in 27 CFR Part 9 (Vernalis map); then instructions for submitting comments. (4) Proceed 1 mile straight south along You may also write to the Wine. Bird Road to its intersection with Administrator before the comment Proposed Regulatory Amendment Durham Ferry Road at the southeast closing date to ask for a public hearing. corner of section 13, T3S, R5E (Vernalis For the reasons discussed in the The Administrator reserves the right to map); then preamble, we propose to amend 27 CFR, determine, in light of all circumstances, (5) Proceed 1.9 miles straight east chapter 1, part 9, as follows: whether to hold a public hearing. along Durham Ferry Road to its intersection with State Highway 33 Confidentiality PART 9—AMERICAN VITICULTURAL AREAS along the northern boundary line of All submitted material is part of the section 20, T3S, R6E (Vernalis map); public record and subject to disclosure. 1. The authority citation for part 9 then Do not enclose any material in your continues to read as follows: (6) Proceed 5.1 miles straight comments that you consider Authority: 27 U.S.C. 205. southeast along State Highway 33, confidential or inappropriate for public passing the hamlet of Vernalis, to the disclosure. 2. Amend subpart C by adding highway’s intersection with McCracken ll § 9. to read as follows: Road along the eastern boundary of Public Disclosure Subpart C—Approved American section 2, T4S, R6E (Solyo map); then You may view copies of this notice, Viticultural Areas (7) Proceed 3.4 miles straight south the petition, the appropriate maps, and along McCracken Road to its any comments we receive by § 9.ll Tracy Hills intersection with Hamilton Road at the appointment at the TTB Library at 1310 (a) Tracy Hills. The name of the southeast corner of section 23, T4S, R6E G Street, NW., Washington, DC 20220. viticultural area described in this (Solyo map); then You may also obtain copies at 20 cents section is ‘‘Tracy Hills’’. For purposes of (8) Proceed 2.4 miles straight west per 8.5- x 11-inch page. Contact our part 4 of this chapter, ‘‘Tracy Hills’’ is along the southern boundary lines of librarian at the above address or by a term of viticultural significance. sections 23, 22 and 21, T4S, R6E, telephone at 202–927–2400 to schedule (b) Approved Maps. The appropriate crossing the Delta-Mendota Canal and an appointment or to request copies of maps for determining the boundary of the California Aqueduct, to the junction comments. the Tracy Hills viticultural area are five of the southern boundary of section 21, For your convenience, we will post United States Geological Survey the 500-foot elevation line, and the this notice and any comments we 1:24,000 scale topographic maps. They western-most transmission line, (Solyo receive on this proposal on the TTB are titled: map); then Web site. We may omit voluminous (1) Tracy, Calif., 1954, photorevised (9) Proceed 4.2 miles generally attachments or material that we 1981; northwest along the meandering 500- consider unsuitable for posting. In all (2) Vernalis, Calif., 1991; foot elevation line to section 18, T4S, cases, the full comment will be available (3) Solyo, Calif., 1953, photorevised R6E, where the 500-foot elevation line in the TTB Library. To access the online 1971, photoinspected 1978; crosses all of the transmission lines and
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then continues northwest a short DATES: Comments must be received no with those entities, on notice that an distance to the eastern-most later than January 6, 2006. You may also investigation exists and that such transmission line in the northwest submit comments through the Federal person is the subject of that quadrant of section 18, T4S, R6E, (Solyo rulemaking portal at http:// investigation. map); then www.regulations.gov (follow the (ii) Such release would provide the (10) Proceed 8.45 miles straight instructions for submitting comments). tax exempt or government entity subject northwest along the eastern-most ADDRESSES: Please submit comments to to investigation, or individuals transmission line, crossing from the the Office of Governmental Liaison and connected with those entities, with an Solyo map, over the Lone Tree Creek Disclosure, 1111 Constitution Avenue, accurate accounting of the date, nature, map, to the Tracy map, and continue to NW., Washington, DC 20224. Comments and purpose of each disclosure and the the transmission line’s intersection with will be made available for inspection at name and address of the person or the western boundary of section 19, the IRS Freedom of Information Reading agency to which disclosure was made. T3S, R5W, about 0.7 mile north- Room (Room 1621), at the above The release of such information to the northeast of Black Butte (Tracy map); address. The telephone number for the individual covered by the system would then Reading Room is (202) 622–5164. provide the individual or entity subject to investigation with significant (11) Proceed in a straight line 2 miles FOR FURTHER INFORMATION CONTACT: information concerning the nature of the northwest to the line’s intersection with Telephonic inquiries should be directed investigation and could result in the the 500-foot elevation line, immediately to Marianne Davis, Program Analyst, altering or destruction of documentary north of an unimproved road, at about Internal Revenue Service, Tax Exempt/ evidence, the improper influencing of the mid-point of the western boundary Government Entities Division (TE/GE), witnesses, and other activities that line of section 12, T3S, R4E (Tracy at telephone number (949) 389–4304. could impede or compromise the map); then Written inquiries should be directed to (12) Proceed 0.65 mile straight north investigation. In the case of a delinquent Robert Brenneman, TE/GE Reporting along with western boundaries of account, such release might enable the and Electronic Examination System section 12 and section 3 to the section subject of the investigation to dissipate (TREES) Project Manager, at Internal line’s intersection with Interstate 580, assets before levy. Revenue Service, TE/GE Business section 3, T3S, R4E (Tracy map); then (iii) Release to the individual of the (13) Proceed 0.8 mile straight Systems Planning (SE:T:BSP), 1111 disclosure accounting would alert the northwest along Interstate 580 highway Constitution Avenue, NW., Attn: PE– individual as to which agencies were to its intersection with the Western 6M4, Washington, DC 20224. investigating the tax exempt or Pacific railway in section 2, T3S, R4E SUPPLEMENTARY INFORMATION: Under 5 government entity subject to (Midway map); then U.S.C. 552a(k)(2), the head of an agency investigation, would provide (14) Proceed easterly 0.7 mile along may promulgate rules to exempt a information concerning the scope of the the Western Pacific railway to its system of records from certain investigation, and could aid the intersection with the eastern boundary provisions of 5 U.S.C. 552a if the system individual in impeding or line of section 2, T3S, R4E (Tracy map); contains investigatory material compromising investigations by those and compiled for law enforcement purposes. agencies. (15) Proceed east for 1 mile in a The IRS is hereby giving notice of a (2) 5 U.S.C. 552a (d) (1), (2), (3) and straight line, returning to the point of proposed rule to exempt ‘‘IRS 50.222 (4), (e) (4) (G), (e) (4) (H), and (f). These beginning at the intersection of Delta- Tax Exempt/Government Entities (TE/ provisions of the Privacy Act relate to Mendota Canal and Lammers Ferry GE) Case Management Records’’ from an individual’s right to be notified of: Road (Tracy map). certain provisions of the Privacy Act of The existence of records pertaining to 1974, pursuant to 5 U.S.C. 552a(k)(2). such individual; requirements for Signed: November 3, 2005. The proposed exemption is from identifying an individual who requested John J. Manfreda, provisions 552a(c)(3), (d) (1), (2), (3) and access to records; the agency procedures Administrator. (4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), relating to access to records; the content [FR Doc. 05–23681 Filed 12–6–05; 8:45 am] and (f) because the system contains of the information contained in such BILLING CODE 4810–31–P investigatory material compiled for law records; and the civil remedies available enforcement purposes. A proposed to the individual in the event of adverse notice to establish the Privacy Act determinations by an agency concerning DEPARTMENT OF THE TREASURY system of records will be published access to or amendment of information separately in the Federal Register. contained in record systems. 31 CFR Part 1 The following are the reasons why The reasons for exempting this system this system of records maintained by the of records from the foregoing provisions Privacy Act; Proposed Implementation IRS is exempt pursuant to 5 U.S.C. are as follows: AGENCY: Internal Revenue Service, 552a(k)(2) of the Privacy Act of 1974: Notifying an individual (at the Treasury. (1) 5 U.S.C. 552a(c)(3). These individual’s request) of the existence of ACTION: Proposed rule. provisions of the Privacy Act provide an investigative file pertaining to such for the release of the disclosure individual or granting access to an SUMMARY: In accordance with the accounting required by 5 U.S.C. investigative file pertaining to such requirements of the Privacy Act of 1974, 552a(c)(1) and (2) to the individual individual could: Interfere with as amended, the Department of the named in the record at his/her request. investigative and enforcement Treasury gives notice of a proposed The reasons for exempting this system proceedings; deprive co-defendants of a amendment to this part to exempt a new of records from the foregoing provisions right to a fair trial or an impartial Internal Revenue Service (IRS) system of are: adjudication; constitute an unwarranted records entitled ‘‘IRS 50.222 Tax (i) The release of disclosure invasion of the personal privacy of Exempt/Government Entities (TE/GE) accounting would put the tax exempt or others; disclose the identity of Case Management Records’’ from certain government entity subject to confidential sources and reveal provisions of the Privacy Act. investigation, or individuals connected confidential information supplied by
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such sources; or disclose investigative The proposed rule imposes no duties or ACTION: Proposed rule. techniques and procedures. obligations on small entities. (3) 5 U.S.C. 552a (e) (1). This In accordance with the provisions of SUMMARY: The EPA proposes to approve provision of the Privacy Act requires the Paperwork Reduction Act of 1995, revisions to the Texas State each agency to maintain in its records the Department of the Treasury has Implementation Plan (SIP) which the only such information about an determined that this proposed rule Texas Commission on Environmental individual as is relevant and necessary would not impose new recordkeeping, Quality (TCEQ) submitted to EPA on to accomplish a purpose of the agency application, reporting, or other types of February 5, 2004. The adopted amendments revise minimum distance required to be accomplished by statute information collection requirements. limitation permit requirements for or executive order. The reasons for List of Subjects in 31 CFR Part 1 operation of new and modified sources exempting this system of records from to allow storage of an inoperative the foregoing provision are as follows: Privacy. concrete crusher within 440 yards of a (i) The IRS will limit the system to Part 1, subpart C of title 31 of the residence, school, or place of worship; those records that are needed for Code of Federal Regulations is amended define how distance measurements compliance with the provisions of Title as follows: should be taken and when they would 26. However, an exemption from the be applicable to concrete crushers and foregoing is needed because, PART 1—[AMENDED] other facilities; and allow concrete particularly in the early stages of an 1. The authority citation for part 1 crushers to recycle broken concrete at investigation, it is not possible to continues to read as follows: temporary demolition sites within 440 determine the relevance or necessity of yards of nearby buildings, unless the specific information. Authority: 5 U.S.C. 301 and 31 U.S.C. 321. facility is located in a county with a (ii) Relevance and necessity are Subpart A also issued under 5 U.S.C. 552 as amended. Subpart C also issued under 5 population of 2.4 million or more, or in questions of judgment and timing. What U.S.C. 552a. a county adjacent to such a county. The appears relevant and necessary when 2. Section 1.36 paragraph (g)(1)(viii) is TCEQ also revised the existing distance first received may subsequently be amended by adding the following text to limitation for hazardous waste determined to be irrelevant or the table in numerical order. management facilities to cross-reference unnecessary. It is only after the duplicative language elsewhere in its § 1.36 Systems exempt in whole or in part information is evaluated that the regulations. This action is being taken relevance and necessity of such from provisions of 5 U.S.C. 552a and this part. under section 110 of the Federal Clean information can be established with Air Act (the Act, or CAA). certainty. * * * * * DATES: Written comments must be (4) 5 U.S.C. 552a (e) (4) (I). This (g) * * * received on or before January 6, 2006. provision of the Privacy Act requires the (1) * * * publication of the categories of sources (viii) * * * ADDRESSES: Comments may be mailed to of records in each system of records. Mr. David Neleigh, Chief, Air Permits The reasons for exempting this system No. Name of system Section (6PD–R), Environmental of records from this provision are as Protection Agency, 1445 Ross Avenue, follows: Suite 1200, Dallas, Texas 75202–2733. ***** Comments may also be submitted (i) Revealing categories of sources of IRS 50.222 ...... Tax Exempt/Government information could disclose investigative electronically or through hand delivery/ Entities Case Manage- courier by following the detailed techniques and procedures. ment Records. (ii) Revealing categories of sources of instructions in the Addresses section of information could cause sources who ***** the direct final rule located in the rules supply information to investigators to section of this Federal Register. refrain from giving such information ***** FOR FURTHER INFORMATION CONTACT: because of fear of reprisal, or fear of Stanley M. Spruiell, Air Permits Section breach of promises of anonymity and Dated: November 18, 2005. (6PD–R), Environmental Protection confidentiality. Sandra L. Pack, Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, As required by Executive Order Assistant Secretary for Management and 12866, it has been determined that this Chief Financial Officer. telephone (214) 665–7212; fax number (214) 665–7263; e-mail address proposed rule is not a significant [FR Doc. E5–7001 Filed 12–6–05; 8:45 am] [email protected]. regulatory action, and therefore, does BILLING CODE 4830–01–P not require a regulatory impact analysis. SUPPLEMENTARY INFORMATION: In the The regulation will not have a final rules section of this Federal substantial direct effect on the States, on ENVIRONMENTAL PROTECTION Register, EPA is approving the State’s the relationship between the Federal AGENCY SIP submittal as a direct final rule Government and the States, or on the without prior proposal because the distribution of power and 40 CFR Part 52 Agency views this as a noncontroversial responsibilities among the various submittal and anticipates no adverse [R06–OAR–2005–TX–0030; FRL–8006–1] levels of government. Therefore, it is comments. A detailed rationale for the determined that this proposed rule does Approval and Promulgation of approval is set forth in the direct final not have federalism implications under Implementation Plans; Texas; rule. If no adverse comments are Executive Order 13132. Revisions to Regulations for Control of received in response to this action rule, Pursuant to the requirements of the Air Pollution by Permits for New no further activity is contemplated. If Regulatory Flexibility Act, 5 U.S.C. 601– Sources and Modifications EPA receives adverse comments, the 612, it is hereby certified that these direct final rule will be withdrawn and regulations will not significantly affect a AGENCY: Environmental Protection all public comments received will be substantial number of small entities. Agency (EPA). addressed in a subsequent final rule
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based on this proposed rule. EPA will dioxide (SO2) emissions for coal-fired Federal regulations.gov Web site are not institute a second comment period. electric utility boilers during periods of ‘‘anonymous access’’ systems, which Any parties interested in commenting startup, shutdown, and upset. Since our means EPA will not know your identity on this action should do so at this time. proposed disapproval, the State of or contact information unless you Please note that if EPA receives adverse Colorado has removed or replaced the provide it in the body of your comment. comment on an amendment, paragraph, provisions in Regulation No. 1 that we If you send an e-mail comment directly or section of this rule and if that proposed to disapprove, and has instead to EPA, without going through provision may be severed from the pursued adoption of the affirmative EDOCKET or regulations.gov, your e- remainder of the rule, EPA may adopt defense provisions in the State of mail address will be automatically as final those provisions of the rule that Colorado’s Common Provisions captured and included as part of the are not the subject of an adverse regulation that we are considering comment that is placed in the public comment. today. docket and made available on the For additional information, see the DATES: Comments must be received on Internet. If you submit an electronic direct final rule which is located in the or before January 6, 2006. comment, EPA recommends that you ‘‘Rules and Regulations’’ section of this include your name and other contact ADDRESSES: Submit your comments, Federal Register. information in the body of your identified by Docket ID No. R08–OAR– comment and with any disk or CD–ROM Dated: November 30, 2005. 2005–CO–0004, by one of the following you submit. If EPA cannot read your Carl E. Edlund, methods: comment due to technical difficulties Acting Regional Administrator, Region 6. • Federal eRulemaking Portal: http:// and cannot contact you for clarification, www.regulations.gov. Follow the on-line [FR Doc. 05–23718 Filed 12–6–05; 8:45 am] EPA may not be able to consider your BILLING CODE 6560–50–P instructions for submitting comments. • Agency Web site: http:// comment. Electronic files should avoid docket.epa.gov/rmepub/index.jsp. the use of special characters, any form of encryption, and be free of any defects ENVIRONMENTAL PROTECTION Regional Materials in EDOCKET (RME), or viruses. For additional information AGENCY EPA’s electronic public docket and comment system for regional actions, is about EPA’s public docket visit 40 CFR Part 52 EPA’s preferred method for receiving EDOCKET online or see the Federal comments. Follow the on-line Register of May 31, 2002 (67 FR 38102). [R08–OAR–2005–CO–0004; FRL–8005–8] instructions for submitting comments. For additional instructions on • E-mail: [email protected] and submitting comments, go to Section I. Approval and Disapproval and General Information of the Promulgation of Air Quality [email protected]. • SUPPLEMENTARY INFORMATION section of Implementation Plans; Colorado; Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER this document. Affirmative Defense Provisions for Docket: All documents in the docket Startup and Shutdown; Common INFORMATION CONTACT section if you are faxing comments). are listed in the Regional Materials in Provisions Regulation and Regulation • EDOCKET index at http:// No. 1 Mail: Richard R. Long, Director, Air and Radiation Program, Environmental docket.epa.gov/rmepub/index.jsp. AGENCY: Environmental Protection Protection Agency (EPA), Region 8, Although listed in the index, some Agency (EPA). Mailcode 8P–AR, 999 18th Street, Suite information is not publicly available, i.e., CBI or other information whose ACTION: Proposed rule. 200, Denver, Colorado 80202–2466. • Hand Delivery: Richard R. Long, disclosure is restricted by statute. SUMMARY: EPA is proposing to partially Director, Air and Radiation Program, Certain other material, such as approve and partially disapprove a State Environmental Protection Agency copyrighted material, is not placed on Implementation Plan (SIP) revision (EPA), Region 8, Mailcode 8P–AR, 999 the Internet and will be publicly submitted by the State of Colorado. The 18th Street, Suite 300, Denver, Colorado available only in hard copy form. revision establishes affirmative defense 80202–2466. Such deliveries are only Publicly available docket materials are provisions for source owners and accepted Monday through Friday, 8 a.m. available either electronically in operators for excess emissions during to 4:55 p.m., excluding Federal Regional Materials in EDOCKET or in periods of startup and shutdown. The holidays. Special arrangements should hard copy at the Air and Radiation affirmative defense provisions are be made for deliveries of boxed Program, Environmental Protection contained in the State of Colorado’s information. Agency (EPA), Region 8, 999 18th Common Provisions regulation. The Instructions: Direct your comments to Street, Suite 300, Denver, Colorado intended effect of this action is to Docket ID No. R08–OAR–2005–CO– 80202–2466. EPA requests that if at all propose to approve those portions of the 0004. EPA’s policy is that all comments possible, you contact the individual rule that are approvable and to propose received will be included in the public listed in the FOR FURTHER INFORMATION to disapprove those portions of the rule docket without change and may be CONTACT section to view the hard copy that are inconsistent with the Clean Air made available at http://docket.epa.gov/ of the docket. You may view the hard Act. This action is being taken under rmepub/index.jsp, including any copy of the docket Monday through section 110 of the Clean Air Act. In personal information provided, unless Friday, 8 a.m. to 4 p.m., excluding addition, EPA is announcing that it no the comment includes information Federal holidays. longer considers the State of Colorado’s claimed to be Confidential Business FOR FURTHER INFORMATION CONTACT: May 27, 1998 submittal of revisions to Information (CBI) or other information Laurie Ostrand, Air and Radiation Regulation No. 1 to be an active SIP whose disclosure is restricted by statute. Program, Mailcode 8P–AR, submittal. Those revisions, which we Do not submit information that you Environmental Protection Agency proposed to disapprove on September 2, consider to be CBI or otherwise (EPA), Region 8, 999 18th Street, Suite 1999 and October 7, 1999, would have protected through EDOCKET, 200, Denver, Colorado 80202–2466, provided exemptions from existing regulations.gov, or e-mail. The EPA’s (303) 312–6437, [email protected]. limitations on opacity and sulfur Regional Materials in EDOCKET and SUPPLEMENTARY INFORMATION:
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Table of Contents f. Provide specific examples to active submittal, and at this point, do I. General Information illustrate your concerns, and suggest not intend to finalize our proposed II. Background of State Submittal alternatives. disapprovals. We have not acted on the III. EPA Analysis of State Submittal g. Explain your views as clearly as July 31, 2002 Regulation No. 1 IV. Proposed Action possible, avoiding the use of profanity submittal, but will do so in the future. V. Statutory and Executive Order Reviews or personal threats. We mention these changes to Definitions h. Make sure to submit your Regulation No. 1 at this time because of comments by the comment period the link between the Regulation No. 1 For the purpose of this document, we deadline identified. changes and the affirmative defense are giving meaning to certain words as II. Background of State Submittal provisions in the Common Provisions follows: regulation. The August 16, 2001 (i) The words or initials Act or CAA On July 31, 2002, the State of Statement of Basis, Specific Authority, mean or refer to the Clean Air Act, Colorado submitted a SIP revision that and Purpose for Revisions to Regulation unless the context indicates otherwise. added affirmative defense provisions for No. 1 (that was later submitted on July (ii) The words EPA, we, us or our excess emissions during startup and 31, 2002) indicates that ‘‘as an mean or refer to the United States shutdown. These affirmative defense alternative approach, the Commission Environmental Protection Agency. provisions are contained in the has proposed adoption of Affirmative (iii) The initials SIP mean or refer to Common Provisions Regulation at Defense Provisions to be added to the State Implementation Plan. section II.J and were adopted by the Common Provisions Regulation to (iv) The words State or Colorado Colorado Air Quality Control recognize the issues related to periods of mean the State of Colorado, unless the Commission (AQCC) on August 16, excess emissions during startup and context indicates otherwise. 2001. shutdown conditions of coal-fired Previously, on September 2, 1999 (64 utility boilers and other sources.’’ I. General Information FR 48127) and October 7, 1999 (64 FR III. EPA Analysis of State Submittal A. What Should I Consider as I Prepare 54601), EPA proposed to disapprove a My Comments for EPA? May 27, 1998 SIP submittal from the EPA’s interpretations of the Act State of Colorado. The May 27, 1998 SIP regarding excess emissions during 1. Submitting CBI. Do not submit this submittal consisted of revisions to malfunctions, startup and shutdown are information to EPA through Regional Colorado Regulation No. 1 to provide contained in, among other documents, a Materials in EDOCKET, regulations.gov exemptions from the existing limitations September 20, 1999 memorandum titled or e-mail. Clearly mark the part or all of on opacity and sulfur dioxide (SO2) ‘‘State Implementation Plans: Policy the information that you claim to be emissions for coal-fired electric utility Regarding Excess Emissions During CBI. For CBI information in a disk or boilers during periods of startup, Malfunctions, Startup, and Shutdown,’’ CD–ROM that you mail to EPA, mark shutdown, and upset. These revisions from Steven A. Herman, Assistant the outside of the disk or CD–ROM as included changes to sections II.A.1, Administrator for Enforcement and CBI and then identify electronically II.A.4, and VI.B.2 of Regulation No. 1, Compliance Assurance, and Robert within the disk or CD–ROM the specific and the addition of section II.A.10 and Perciasepe, Assistant Administrator for information that is claimed as CBI. In VI.B.4.a(iv) to Regulation No. 1. The Air and Radiation.2 That memorandum addition to one complete version of the Colorado AQCC adopted the revisions indicates that because excess emissions comment that includes information on December 23, 1996. For most sources might aggravate air quality so as to claimed as CBI, a copy of the comment they became effective at the state level prevent attainment and maintenance of that does not contain the information on March 2, 1997.1 the national ambient air quality claimed as CBI must be submitted for On July 31, 2002, the State of standards (NAAQS) or jeopardize the inclusion in the public docket. Colorado submitted additional revisions prevention of significant deterioration Information so marked will not be to Colorado Regulation No. 1; these (PSD) increments, all periods of excess disclosed except in accordance with were adopted by the Colorado AQCC on emissions are considered violations of procedures set forth in 40 CFR part 2. August 16, 2001. Among other things, the applicable emission limitation. 2. Tips for Preparing Your Comments. the July 2002 submittal removed from However, the memorandum recognizes When submitting comments, remember Regulation No. 1 the revisions and that in certain circumstances states and to: additions that EPA proposed to EPA have enforcement discretion to a. Identify the rulemaking by docket disapprove in September and October refrain from taking enforcement action number and other identifying 1999. The July 2002 submittal deleted for excess emissions. In addition, the information (subject heading, Federal Regulation No. 1 sections II.A.10 and memorandum also indicates that states Register date and page number). VI.B.4.a(iv), and the revisions to can include in their SIPs provisions that b. Follow directions—The agency may sections II.A.1, II.A.4, and VI.B.2 that would, in the context of an enforcement ask you to respond to specific questions the Governor submitted on May 27, action for excess emissions, excuse a or organize comments by referencing a 1998. The July 2002 submittal also made source from penalties (but not Code of Federal Regulations (CFR) part other revisions to Regulation No. 1. injunctive relief) if the source can or section number. Because the State of Colorado has demonstrate that it meets certain c. Explain why you agree or disagree; removed from its regulations the suggest alternatives and substitute provisions that we proposed to 2 Earlier expressions of EPA’s interpretations language for your requested changes. disapprove in September and October regarding excess emissions during malfunctions, d. Describe any assumptions and 1999, we no longer consider the May 27, startup, and shutdown are contained in two memoranda, one dated September 28, 1982, the provide any technical information and/ 1998 Regulation No. 1 submittal to be an other February 15, 1983, both titled ‘‘Policy on or data that you used. Excess Emissions During Startup, Shutdown, e. If you estimate potential costs or 1 However, for coal-fired electric utility boilers Maintenance, and Malfunctions’’ and signed by located within the Denver Metro PM–10 Kathleen M. Bennett. However, the September 1999 burdens, explain how you arrived at nonattainment area, the AQCC specified that the memorandum directly addresses the creation of your estimate in sufficient detail to provisions would not become state effective until affirmative defenses in SIPs and, therefore, is most allow for it to be reproduced. EPA issued a final rule approving them. relevant to this action.
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objective criteria (an ‘‘affirmative approve SIP language that would allow Small entities include small businesses, defense’’).3 Finally, the memorandum a state’s decision to constrain our or small not-for-profit enterprises, and indicates that EPA does not intend to citizens’ enforcement discretion. To do small governmental jurisdictions. approve SIP revisions that would so would be inconsistent with the This proposed rule will not have a recognize a state director’s decision to regulatory scheme established in Title I significant impact on a substantial bar EPA’s or citizens’ ability to enforce of the Act, which allows independent number of small entities because SIP applicable requirements. EPA and citizen enforcement of approvals and disapprovals under We have evaluated Colorado’s violations, regardless of a state’s section 110 and subchapter I, part D of affirmative defense provisions for decisions regarding those violations and the Clean Air Act do not create any new startup and shutdown and find that, any potential defenses.4 requirements but simply approve or except for one paragraph, they are disapprove requirements that the State consistent with our interpretations IV. Proposed Action is already imposing. Therefore, because under the Act regarding the types of We are proposing to approve sections the Federal SIP approval/disapproval affirmative defense provisions we can II.J.1 through II.J.4 of the Common does not create any new requirements, approve in SIPs. The Affirmative Provisions Regulation submitted on July I certify that this action will not have a Defense provisions in the Common 31, 2002 for the reasons expressed significant economic impact on a Provisions Regulation, sections II.J.1 above. We are proposing to disapprove substantial number of small entities. through II.J.4 are consistent with the section II.J.5 of the Common Provisions Moreover, due to the nature of the provisions for startup and shutdown we Regulation submitted on July 31, 2002 Federal-State relationship under the suggested in our September 20, 1999 because this section is inconsistent with Clean Air Act, preparation of flexibility memorandum. Thus, these provisions the Clean Air Act. analysis would constitute Federal will provide sources with appropriate V. Statutory and Executive Order inquiry into the economic incentives to comply with their Reviews reasonableness of state action. The emissions limitations and help ensure Clean Air Act forbids EPA to base its protection of the NAAQS and A. Executive Order 12866, Regulatory actions concerning SIPs on such increments and compliance with other Planning and Review grounds. Union Electric Co., v. U.S. Act requirements. The Office of Management and Budget EPA, 427 U.S. 246, 255–66 (1976); 42 However, we cannot approve the (OMB) has exempted this regulatory U.S.C. 7410(a)(2). provisions in section II.J.5 of the action from Executive Order 12866, D. Unfunded Mandates Reform Act Common Provisions regulation. Section entitled ‘‘Regulatory Planning and II.J.5 reads as follows: Review.’’ Under sections 202 of the Unfunded Mandates Reform Act of 1995 II.J.5. Affirmative Defense Determination: B. Paperwork Reduction Act In making any determination whether a (‘‘Unfunded Mandates Act’’), signed source established an affirmative defense, the Under the Paperwork Reduction Act, into law on March 22, 1995, EPA must Division shall consider the information 44 U.S.C. 3501 et seq., OMB must prepare a budgetary impact statement to within the notification required in paragraph approve all ‘‘collections of information’’ accompany any proposed or final rule 2 of this section and any other information by EPA. The Act defines ‘‘collection of that includes a Federal mandate that the division deems necessary, which may information’’ as a requirement for may result in estimated costs to State, include, but is not limited to, physical local, or tribal governments in the inspection of the facility and review of ‘‘answers to * * * identical reporting or documentation pertaining to the maintenance recordkeeping requirements imposed on aggregate; or to the private sector, of and operation of process and air pollution ten or more persons * * * ’’ 44 U.S.C. $100 million or more. Under section control equipment. 3502(3)(A). Because this proposed rule 205, EPA must select the most cost- effective and least burdensome Under this language, the Division does not impose an information alternative that achieves the objectives could make a determination outside the collection burden, the Paperwork of the rule and is consistent with context of an enforcement action, or at Reduction Act does not apply. statutory requirements. Section 203 any time during an enforcement action, C. Regulatory Flexibility Act requires EPA to establish a plan for that a source has established the The Regulatory Flexibility Act (RFA) informing and advising any small affirmative defense. If we were to generally requires an agency to conduct governments that may be significantly approve section II.J.5, a court might a regulatory flexibility analysis of any or uniquely impacted by the rule. conclude that we had ceded the rule subject to notice and comment EPA has determined that the action authority to the Division to make this rulemaking requirements unless the proposed does not include a Federal determination, not just for the State, but agency certifies that the rule will not mandate that may result in estimated on behalf of EPA and citizens as well. have a significant economic impact on costs of $100 million or more to either Consequently, a court might also view a substantial number of small entities. State, local, or tribal governments in the the Division’s determination that a aggregate, or to the private sector. This source had established the affirmative 4 Section II.J.5 may be confusing the concept of Federal action proposes to partially defense as barring an EPA or citizen affirmative defense with the concept of enforcement approve and partially disapprove pre- action for penalties. discretion. By definition, an affirmative defense is existing requirements under State or As we stated in the September 1999 a defense that may be raised in the context of an enforcement proceeding before an independent trier local law, and imposes no new memoranda, we do not intend to of fact. Before pursuing an enforcement action, the requirements. Accordingly, no state might evaluate the likelihood that an owner/ 3 EPA’s September 20, 1999 memorandum operator could prove the elements of the affirmative additional costs to State, local, or tribal indicates that the term affirmative defense means, defense, but this would go to the state’s exercise of governments, or to the private sector, in the context of an enforcement proceeding, a enforcement discretion. While the state might result from this action. response or defense put forward by a defendant, decide not to pursue an enforcement action based regarding which the defendant has the burden of on such an evaluation, if EPA or citizens were to E. Executive Order 13132, Federalism proof, and the merits of which are independently pursue enforcement action, an independent trier of and objectively evaluated in a judicial or fact might reach a conclusion different from the Federalism (64 FR 43255, August 10, administrative proceeding. See footnote 4 of the state’s, i.e., that the owner/operator had not proved 1999) revokes and replaces Executive attachment to the memorandum. the elements of the affirmative defense. Orders 12612 (Federalism) and 12875
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(Enhancing the Intergovernmental power and responsibilities between the List of Subjects in 40 CFR Part 52 Partnership). Executive Order 13132 Federal government and Indian tribes. Environmental protection, Air requires EPA to develop an accountable This action does not involve or impose pollution control, Carbon monoxide, process to ensure ‘‘meaningful and any requirements that affect Indian Intergovernmental relations, Lead, timely input by State and local officials Tribes. Thus, Executive Order 13175 Nitrogen dioxide, Ozone, Particulate in the development of regulatory does not apply to this rule. matter, Reporting and recordkeeping policies that have federalism EPA specifically solicits additional requirements, Sulfur oxides, Volatile implications.’’ ‘‘Policies that have comment on this proposed rule from organic compounds. federalism implications’’ is defined in tribal officials. the Executive Order to include Authority: 42 U.S.C. 7401 et seq. regulations that have ‘‘substantial direct G. Executive Order 13045, Protection of Dated: November 28, 2005. effects on the States, on the relationship Children From Environmental Health Robert E. Roberts, between the national government and Risks and Safety Risks Regional Administrator, Region 8. the States, or on the distribution of [FR Doc. 05–23715 Filed 12–6–05; 8:45 am] Protection of Children from power and responsibilities among the BILLING CODE 6560–50–P various levels of government.’’ Under Environmental Health Risks and Safety Executive Order 13132, EPA may not Risks (62 FR 19885, April 23, 1997), issue a regulation that has federalism applies to any rule that: (1) Is ENVIRONMENTAL PROTECTION implications, that imposes substantial determined to be ‘‘economically AGENCY direct compliance costs, and that is not significant’’ as defined under Executive required by statute, unless the Federal Order 12866, and (2) concerns an 40 CFR Part 52 government provides the funds environmental health or safety risk that [R08–OAR–2005–CO–0003; FRL–8005–6] necessary to pay the direct compliance EPA has reason to believe may have a costs incurred by State and local disproportionate effect on children. If Approval and Promulgation of Air governments, or EPA consults with the regulatory action meets both criteria, Quality Implementation Plans; State and local officials early in the the Agency must evaluate the Colorado; Revisions to New Source process of developing the proposed environmental health or safety effects of Review Rules regulation. EPA also may not issue a the planned rule on children, and regulation that has federalism explain why the planned regulation is AGENCY: Environmental Protection implications and that preempts State preferable to other potentially effective Agency (EPA). law unless the Agency consults with and reasonably feasible alternatives ACTION: Proposed rule. State and local officials early in the considered by the Agency. process of developing the proposed SUMMARY: EPA is proposing to approve This rule is not subject to Executive regulation. those revisions adopted by Colorado on This proposed rule will not have Order 13045 because it does not involve April 16, 2004 to Regulation No. 3 substantial direct effects on the States, decisions intended to mitigate (Stationary Source Permitting and Air on the relationship between the national environmental health or safety risks. Pollutant Emission Notice Requirements) that incorporate EPA’s government and the States, or on the H. Executive Order 13211, Actions That December 31, 2002 NSR Reforms. distribution of power and Significantly Affect Energy Supply, Colorado submitted the request for responsibilities among the various Distribution, or Use levels of government, as specified in approval of these rule revisions into the Executive Order 13132, because it This rule is not subject to Executive State Implementation Plan (SIP) on July merely proposes to partially approve Order 13211, ‘‘Actions Concerning 11, 2005 and supplemented its request and partially disapprove state rules Regulations That Significantly Affect on October 25, 2005. At this time, EPA implementing a federal standard, and Energy Supply, Distribution, or Use’’ (66 is proposing to approve only the does not alter the relationship or the FR 28355, May 22, 2001) because it is portions of Colorado’s revisions to distribution of power and not a significant regulatory action under Regulation Number 3 that relate to the responsibilities established in the Clean Executive Order 12866. prevention of significant deterioration Air Act. Thus, the requirements of (PSD) and non-attainment new source section 6 of the Executive Order do not I. National Technology Transfer and review (NSR) construction permit apply to this rule. Advancement Act programs of the State of Colorado. Other revisions, renumberings, additions, or F. Executive Order 13175, Coordination Section 12 of the National Technology deletions to Regulation No. 3 made by With Indian Tribal Governments Transfer and Advancement Act Colorado as part of the April 16, 2004 Executive Order 13175, entitled (NTTAA) of 1995 requires Federal final rulemaking will be acted on by ‘‘Consultation and Coordination with agencies to evaluate existing technical EPA in a separate action. Colorado has Indian Tribal Governments’’ (65 FR standards when developing a new a Federally approved New Source 67249, November 9, 2000), requires EPA regulation. To comply with NTTAA, Review (NSR) program for new and to develop an accountable process to EPA must consider and use ‘‘voluntary modified sources impacting attainment ensure ‘‘meaningful and timely input by consensus standards’’ (VCS) if available and non-attainment areas in the State. tribal officials in the development of and applicable when developing On December 31, 2002, EPA regulatory policies that have tribal programs and policies unless doing so published revisions to the federal implications.’’ This proposed rule does would be inconsistent with applicable Prevention of Significant Deterioration not have tribal implications, as specified law or otherwise impractical. (PSD) and non-attainment NSR in Executive Order 13175. It will not The EPA believes that VCS are regulations. These revisions are have substantial direct effects on tribal inapplicable to this action. Today’s commonly referred to as ‘‘NSR Reform’’ governments, on the relationship action does not require the public to regulations and became effective between the Federal government and perform activities conducive to the use nationally in areas not covered by a SIP Indian tribes, or on the distribution of of VCS. on March 3, 2003. These regulatory
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revisions include provisions for baseline Instructions: Direct your comments to the Region 8 office. This Facility is open emissions determinations, actual-to- RME ID No. R08-OAR–2005-CO–0003. from 8 a.m. to 4 p.m., Monday through future actual methodology, plantwide EPA’s policy is that all comments Friday, excluding Federal holidays. applicability limits (PALs), clean units, received will be included in the public FOR FURTHER INFORMATION CONTACT: Carl and pollution control projects (PCPs). docket without change and may be Daly, Air and Radiation Program, U.S. On November 7, 2003, EPA published a made available at http://docket.epa.gov/ Environmental Protection Agency, reconsideration of the NSR Reform rmepub, including any personal Region 8, 999 18th Street, Suite 200, regulations that clarified two provisions information provided, unless the Denver, Colorado 80202, (303) 312– in the regulations. On June 24, 2005, the comment includes information claimed 6416, [email protected]. United States Court of Appeals for the to be Confidential Business Information SUPPLEMENTARY INFORMATION: For the District of Columbia Circuit issued its (CBI) or other information whose purpose of this document, we are giving ruling on challenges to the December disclosure is restricted by statute. Do meaning to certain words or initials as 2002 NSR Reform revisions. Although not submit information that you follows: the Court upheld most of EPA’s rules, it consider to be CBI or otherwise (i) The words or initials Act or CAA vacated both the Clean Unit and the protected through RME, regulations.gov, mean or refer to the Clean Air Act, Pollution Control Project provisions and or e-mail. The EPA RME Web site and unless the context indicates otherwise. remanded back to EPA the ‘‘reasonable the federal regulations.gov Web site are (ii) The words EPA, we, us or our possibility’’ standard for when a source ‘‘anonymous access’’ systems, which mean or refer to the United States must keep certain project related means EPA will not know your identity Environmental Protection Agency. records. or contact information unless you (iii) The initials SIP mean or refer to Colorado is seeking approval, at this provide it in the body of your comment. State Implementation Plan. time, for its regulations to implement If you send an e-mail comment directly (iv) The words State or Colorado the NSR Reform provisions that have to EPA without going through RME or mean the State of Colorado, unless the not been vacated or remanded by the regulations.gov, your e-mail address context indicates otherwise. June 24, 2005, court decision. will be automatically captured and This supplementary information DATES: Comments must be received on included as part of the comment that is section is arranged as follows: or before January 6, 2006. placed in the public docket and made I. General Information ADDRESSES: Submit comments, available on the Internet. If you submit A. Does this action apply to me? identified by Regional Material in an electronic comment, EPA B. How can I get copies of this document EDocket (RME) ID No. R08-OAR–2005- recommends that you include your and other related information? CO–0003 by one of the following name and other contact information in C. What should I consider as I prepare my the body of your comment and with any comments for EPA? methods: D. How and to whom do I submit Federal eRulemaking Portal: http:// disk or CD-ROM you submit. If EPA cannot read your comment due to comments? www.regulations.gov. Follow the on-line II. What Is Being Addressed in This instructions for submitting comments. technical difficulties and cannot contact Document? Agency Web site: http:// you for clarification, EPA may not be III. What Are the Changes That EPA Is docket.epa.gov/rmepub. Regional RME, able to consider your comment. Approving? EPA’s electronic public docket and Electronic files should avoid the use of IV. What Action Is EPA Taking Today? comments system, is EPA’s preferred special characters, any form of V. Statutory and Executive Order Reviews encryption, and be free of any defects or method for receiving comments. Once I. General Information in the system, select ‘‘quick search,’’ viruses. For additional information then key in the appropriate RME Docket about EPA’s public docket visit A. Does this action apply to me? identification number. Follow the on- EDOCKET online or see the Federal This action affects major stationary line instructions for submitting Register of May 31, 2002 (67 FR 38102). sources in Colorado that are subject to comments. For additional instructions on or potentially subject to the PSD or E-mail: [email protected]. submitting comments, go to Section I. nonattainment NSR construction permit Fax: (303)312–6064 (please alert the General Information of the program. individual listed in the FOR FURTHER SUPPLEMENTARY INFORMATION section of INFORMATION CONTACT if you are faxing this document. B. How can I get copies of this document comments). Docket: All documents in the and other related information? Mail: You may send written electronic docket are listed in the RME 1. The Regional Office has established comments to: Richard R. Long, Director, index at http://docket.epa.gov/rmepub. an electronic public rulemaking file Air and Radiation Program, U.S. Although listed in the index, some available for inspection at RME under Environmental Protection Agency, information is not publicly available, ID No. R08–OAR–2005–CO–0003, and a Region 8, 999 18th Street, Suite 200, i.e., CBI or other information whose hard copy file which is available for Denver, Colorado 80202. disclosure is restricted by statute. inspection at the Regional Office. The Hand delivery: Deliver your Certain other material, such as official public file consists of the comments to: Richard R. Long, Director, copyrighted material, is not placed on documents specifically referenced in Air and Radiation Program, U.S. the Internet and will be publicly this action, any public comments Environmental Protection Agency, available only in hard copy form. received, and other information related Region 8, 999 18th Street, Suite 300, 3rd Publicly available docket materials are to this action. Although a part of the floor, Denver, Colorado 80202. Such available either electronically in RME or official docket, the public rulemaking deliveries are only accepted during the in hard copy at Environmental file does not include CBI or other Regional Office’s normal hours of Protection Agency, Region 8, Air and information whose disclosure is operation. The Regional Office’s official Radiation Program, 999 18th Street, restricted by statute. The official public hours of business are Monday through Suite 300, Denver, Colorado 80202. We rulemaking file is the collection of Friday, 8 a.m. to 4:55 p.m. excluding recommend that you telephone Carl materials that is available for public Federal holidays. Daly at (303) 312–6416 before visiting viewing at the Air Programs Branch, Air
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and Radiation Program, EPA Region 8, a. Identify the rulemaking by docket State of Colorado. On February 3, 1983, 999 18th Street, Suite 300, Denver, number and other identifying EPA determined that Colorado’s State Colorado 80202. EPA requests that, if at information (subject heading, Federal Implementation Plan (SIP) satisfied all all possible, you contact the person Register date and page number). requirements of Part D of the Clean Air listed in the FOR FURTHER INFORMATION b. Follow directions—The agency may Act for regulating stationary sources in CONTACT section to schedule your ask you to respond to specific questions non-attainment areas (48 FR 29071). inspection. The Regional Office’s or organize comments by referencing a Colorado’s Regulations for a Prevention official hours of business are Monday Code of Federal Regulations (CFR) part of Significant Deterioration (PSD) through Friday, 8 a.m. to 4:55 p.m. or section number. program for attainment areas were excluding Federal holidays. c. Explain why you agree or disagree; Federally approved (with some 2. Electronic Access. You may access suggest alternatives and substitute exceptions) and made a part of the SIP this Federal Register document language for your requested changes. on September 2, 1986 (51 FR 31125). electronically through the d. Describe any assumptions and Finally, Colorado adopted a merged regulations.gov Web site located at provide any technical information NSR/operating permit program that was http://www.regulations.gov where you and/or data that you used. approved by EPA on January 21, 1997 can find, review, and submit comments e. If you estimate potential costs or (62 FR 2910). on Federal rules that have been burdens, explain how you arrived at On December 31, 2002, EPA published in the Federal Register, the your estimate in sufficient detail to published revisions to the federal PSD Government’s legal newspaper, and that allow for it to be reproduced. and non-attainment NSR regulations in are open for comment. f. Provide specific examples to 40 CFR parts 51 and 52 (67 FR 80186). illustrate your concerns, and suggest For public commenters, it is These revisions are commonly referred alternatives. to as ‘‘NSR Reform’’ regulations and important to note that EPA’s policy is g. Explain your views as clearly as that public comments, whether became effective nationally in areas not possible, avoiding the use of profanity covered by a SIP on March 3, 2003. submitted electronically or in paper, or personal threats. These regulatory revisions include will be made available for public h. Make sure to submit your provisions for baseline emissions viewing at the EPA Regional Office and comments by the comment period determinations, actual-to-future actual as part of the electronic public deadline identified. methodology, plantwide applicability rulemaking file (EDocket), as EPA limits (PALs), clean units, and pollution receives them and without change, D. How and to whom do I submit control projects (PCPs). As stated in the unless the comment contains comments? rulemaking, State and local permitting copyrighted material, CBI, or other You may submit comments agencies must adopt and submit information whose disclosure is electronically, by mail, or through hand revisions to their part 51 permitting restricted by statute. When EPA delivery/courier. To ensure proper programs implementing the minimum identifies a comment containing receipt by EPA, identify the appropriate program elements of that rulemaking no copyrighted material, EPA will provide rulemaking identification number by later than January 2, 2006 (67 FR a reference to that material in the including the text ‘‘Public comment on 80240). With the July 11, 2005 version of the comment that is placed in proposed rulemaking Region 8 Air submittal, Colorado requested approval the official public rulemaking file. The Docket R08–OAR–2005–CO–0003’’ in of program revisions into the State entire printed comment, including the the subject line on the first page of your Implementation Plan (SIP) that satisfy copyrighted material, will be available comment. Please ensure that your this requirement. at the Regional Office for public comments are submitted within the On November 7, 2003, EPA published inspection. specified comment period. Comments a reconsideration of the NSR Reform C. What should I consider as I prepare received after the close of the comment regulations that clarified two provisions my comments for EPA? period will be marked ‘‘late.’’ EPA is not in the regulations by including a required to consider these late definition of ‘‘replacement unit’’ and by 1. Submitting CBI. Do not submit this comments. Submit comments to the e- clarifying that the plantwide information to EPA through Regional mail or street address given in the applicability limitation (PAL) baseline Materials in EDOCKET, regulations.gov ADDRESSES section of this notice. calculation procedures for newly or e-mail. Clearly mark the part or all of constructed units do not apply to II. What Is Being Addressed in This the information that you claim to be modified units. On June 24, 2005, the Document? CBI. For CBI information in a disk or CD United States Court of Appeals for the ROM that you mail to EPA, mark the We are proposing to approve portions District of Columbia Circuit issued its outside of the disk or CD ROM as CBI of Colorado’s revisions to the Stationary ruling on challenges to the December and then identify electronically within Source Permitting and Air Pollutant 2002 NSR Reform revisions State of the disk or CD ROM the specific Emission Notice Requirements New York et al. v. EPA, 413 F.3d 3 (D.C. information that is claimed as CBI. In (Regulation No. 3), submitted by Cir. 2005). Although the Court upheld addition to one complete version of the Colorado on July 11, 2005 and October most of EPA’s rules, it vacated both the comment that includes information 25, 2005, that relate to the Prevention of Clean Unit and the Pollution Control claimed as CBI, a copy of the comment Significant Deterioration (PSD) and non- Project provisions and remanded back that does not contain the information attainment New Source Review (NSR) to EPA the recordkeeping provision that claimed as CBI must be submitted for construction permit programs of the required a stationary source to keep inclusion in the public docket. State of Colorado. These revisions, records of projects when there was a Information so marked will not be among other revisions, to Regulation ‘‘reasonable possibility’’ that the project disclosed except in accordance with No. 3 were adopted by the Colorado Air could result in a significant emissions procedures set forth in 40 CFR part 2. Quality Control Commission on April increase. 2. Tips for Preparing Your Comments. 16, 2004. Regulation No. 3 includes the Colorado’s PSD and NSR program When submitting comments, remember PSD and non-attainment NSR revisions were published in the Air to: construction permit programs of the Quality Control Commission Regulation
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No. 3 (5 CCR 1001–5) on June 30, 2004 incorporate the revisions EPA made to A where the NSR Reform rule added or and are noted as Revision 4/16/2004. In the Federal NSR rules on July 21, 1992 changed specific language used in this the revised regulation Colorado noted (with the exceptions noted in the table Part (as specified in the table below). In that NSR Reform revisions will become below). These revisions are referred to addition, EPA is proposing to approve effective in Colorado when the EPA as the WEPCO rule (for the Wisconsin changes Colorado made in Part A that approves that language for incorporation Electric Power Company court ruling) moved the provisions applying to major into the State Implementation Plan. This and added definitions and provisions NSR to Part D (as specified in the table is noted in the Style Guide to Regulation that have been incorporated into the below). EPA is not taking action, at this No. 3, as ‘‘italicized text will become April 16, 2004 version of Regulation No. time, on any other revisions, effective when the U.S. EPA approves 3. renumberings, additions, or deletions to that language for incorporation into the In addition to incorporating the NSR Part A made by Colorado as part of the state implementation plan.’’ In addition, Reforms into the April 16, 2004 April 16, 2004 final rulemaking action. Colorado noted that provisions Regulation No. 3 revision, Colorado also These other changes will be acted on by superceded by the NSR Reforms will be restructured Regulation No. 3, including EPA in a separate action. effective in Colorado only up to when adding a new Part D titled Concerning EPA approves the new NSR Reform Major Stationary Source New Source Changes to Part B. EPA is proposing language into the State Implementation Review and Prevention of Significant to approve only the NSR Reform rule Plan. This is noted in the Style Guide Deterioration. The new Part D contains conforming changes Colorado made in to Regulation No. 3, as ‘‘underlined text most of the NSR/PSD definitions, Part B, which moved the provisions will be effective until the U.S. EPA provisions, and sections that were applying to major NSR to Part D (as approves the italicized text for revised or newly created by the NSR specified in the table below). At this incorporation into the state Reform rule. In addition, numerous time, EPA is not taking action on any implementation plan.’’ In the Regulation No. 3 Part A and Part B NSR/ other revisions, renumberings, transmittal letter for the July 11, 2005 PSD definitions, provisions, and additions, or deletions to Part B made submission Colorado requested that sections not revised by the NSR Reform by Colorado as part of the April 16, 2004 EPA not take action, at this time, on the rule, but already approved into the SIP, final rulemaking action. These other clean unit and PCP provisions of the have been moved into the new Part D. changes will be acted on by EPA in a state rule and on the term ‘‘reasonable EPA is proposing to approve the separate action. possibility’’ in provisions D.V.A.7.c. and revisions to Regulation No. 3 creating Part D Changes. Colorado created D.VI.B.5. of the state rule. In a the new Part D with the exceptions Regulation No. 3 Part D in order to make September 28, 2005 letter to EPA, noted in the table below. Colorado’s air quality program Colorado provided a revised list of The revisions adopted by Colorado on consistent with the EPA NSR Reform provisions that Colorado requested EPA, April 16, 2004 have structured rules. The references to NSR at this time, not take action on. Colorado Regulation No. 3 as follows: Part A now requirements in Part D include both the supplemented its July 11, 2005 request contains general provisions applicable nonattainment NSR and PSD programs. in an October 25, 2005 submission that to reporting and permitting, Part B Based on Colorado’s request, EPA is not addresses construction permits; Part C provided two correct April 16, 2004 taking action, at this time, on provisions (not a part of the SIP) includes the versions of Regulation No. 3. All of related to clean units, pollution control operating permit program; and Part D these documents are available for projects, and the term ‘‘reasonable deals with the Nonattainment New review as part of the Docket for this possibility’’ as it appears in D–V.A.7.c. Source Review and Prevention of action. and D–VI.B.5. EPA is proposing to Significant Deterioration programs for approve the new Part D except for the III. What Are the Changes That EPA Is major stationary sources. Minor sources specific provisions noted in the table Approving? will only be subject to Parts A and B; EPA is proposing to approve those major sources (as defined for the below. revisions adopted by Colorado on April Operating Permit program) are governed The following table specifies 16, 2004 to Regulation No. 3 (Stationary by Parts A, B and C. Major stationary provisions of Regulation No. 3 that Source Permitting and Air Pollutant sources must comply with Parts A, B, C Colorado revised/renumbered or newly Emission Notice Requirements) that and D. In particular, this reorganization added in order to incorporate EPA’s incorporate EPA’s December 30, 2002 separated the major stationary source NSR Reform and WEPCO rules and to NSR Reforms (with the exceptions noted NSR provisions from the construction create a separate NSR/PSD major in the table below). EPA is also permit requirements applicable to all stationary source part (Part D). The table proposing to approve revisions Colorado sources. also notes whether the provision is made to Regulation No. 3 prior to the Part A Changes. EPA is proposing to being proposed by EPA to be April 16, 2004 final rulemaking that approve changes Colorado made to Part incorporated into the Colorado SIP.
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– and ’’ s defini- should ref- is not in the II.A.23.d.(viii), ’’ ’’ future compli- II.A.1.a. ‘‘ – ‘‘ enforceable as a prac- and Colorado will cor- ‘‘ ’’ section II.A.2 and moved ‘‘ ’’ phrase to this definition. ’’ III.G.4. of Part B II.A.31 ‘‘ should be to ‘‘ ’’ I.B.1.a Comment (if applicable see footnote) Colorado will correct this reference in a future revision of Regulation No. 3. rect this reference in a future revision of Regulation 3. tion. tion. ‘‘ tion. tion. tion. tion. tion. tion. tical matter ance date tion. tion. nition to references current codified SIP. erence tion. II.23. except sections D (x), and (xi). tion. tion. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnotes 1 and 2. EPA is proposing approval of this defini- See footnote 1. EPA is proposing approval for this defini- See footnote 1. EPA is proposing approval for this defini- See footnotes 1 and 2. The reference in II.A.12.a.(vii) of this defi- See footnote 2. Note that the provision in II.A.23.e See footnotes 1 and 2. See footnote 2. See footnote 2. See footnote 2...... EPA is proposing approval for this defini- ...... EPA is proposing approval for this defini- ...... EPA is proposing approval for this defini- 51.165(a)(1)(xlii) ...... EPA is proposing approval for this defini- ) ...... EPA is proposing approval for this defini- and 40 CFR 51.166 ...... EPA is proposing approval for this defini- 16), 51.165(a)(1)(xi) ...... Colorado added b)(21), 51.165(a)(1)(xii)b)(21), ...... Note the reference in this definition to b)(15) ...... EPA is proposing approval for this defini- 51.165(a)(1)(v)(C)(4)(iv). Equivalent provision in 40 CFR 51.165 51.166(b)(2), 51.165(a)(1)(v)51.166(b)(2), ...... EPA is proposing approval for all of D tion into the SIP below. porate revision or addi- EPA proposing to incor- Yes ...... 51.165(a)(1)(xl) 51.166(b)(12), ...... EPA is proposing approval for this defini- Yes ...... 51.166(b)(22) ...... EPA is proposing approval for thi Yes ...... 51.165(a)(1)(xiii) 51.166(b)(52), ...... EPA is proposing approval for this defini- Yes ...... 51.166(b)(2)(iii)(d), Provision description tion. poses). tion. erating unit (part of Major Modification definition). Major Modification definition ...... Yes, except as noted see — s 4/16/2004 ’ Reg. 3 Revision II.A.I ...... Actual emissions definition ...... Yes ...... 51.166( II.A.3 ...... Air Quality Related Value definition ...... Yes ...... N/A ...... II.A.5 ...... Baseline Area definition ...... YesII.A.6 ...... 51.166( Baseline Concentration definition ...... YesII.A.8 ...... 51.166(b)(13 Best Available Control Technology defini- II.A.12...... Complete definition (for PSD/NSR pur- II.A.16 ...... Federal Land Manager definition ...... YesII.A.19 ...... 51.166(b)(24), Innovative Control Technology definition .. YesII.A.21 ...... 51.166(b)(19) Lowest Achievable Emission Rate defini- ..... II.A.24 ...... Major Source Baseline Date definition ...... YesII.A.26 ...... 51.166(b)(14)(i) . Minor Source Baseline Date definition ...... YesII.A.23 (except ...... 51.166(b)(14)(ii) II.A.23.d.(iii) ...... Use of an alternative fuel at a steam gen- I.B.7 ...... Allowable Emissions definition ...... Yes ...... 51.166(b)( Provision location in II.A.23.d(iii), (viii), (x), (xi), and (e) below). Colorado – – – – – – – – – – – – – – Colorado SIP) s current SIP Reg. 3 ’ (N/A = not in current I.B.1 ...... D I.B.7 ...... D I.B.8 ...... A I.B.10 ...... D I.B.11 ...... D I.B.12 ...... D I.B.15...... D I.B.21 ...... D I.B.31 ...... D I.B.32 ...... D I.B.33 ...... D I.B.34 ...... D I.B.35.b ...... D – – – – – – – – – – – – – rado Provision location in Colo- A A A A A A A A A A A A A N/A ...... D
VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72749 n , on e, on defini- II.A.25.b. – I.B.58.a. in the current codi- – However, there is no I.A.4. and ’’ I.A.4. this part of the definition. this part of the definition. the definition at this time request of Colorado. this part of the definition. tion the definition at this time request of Colorado. the definition at this time request of Colorado. tion. tion except for section D tion. tion. fied SIP remains in effect as part of the definition of Major Stationary Source. should be to II.A.31 not II.A.2., and Col- orado will correct this reference in a fu- ture revision of Regulation 3. tion. ‘‘ at II.A.27.c.(iii), and II.A.27.g.(i). tion. tion. this reference will be deleted by Colo- rado. See footnote 3. See footnote 3. See footnote 2. See footnote 2. See footnote 2. See footnote 2. Note that the reference in this definition See footnote 1. EPA is proposing approval for this defini- Note that provision II.A.27.a.(i) references Provision A See footnote 4. See footnote 1. See footnote 1. See footnotes 1 & 2...... Colorado has added additional language 51.165(a)(1)(viii) ...... EPA is proposing approval for this defini- b)(4), 51.165(a)(1)(iii)b)(4), ...... EPA is proposing approval for this defini- 66(b)(23), 51.165(a)(1)(x)66(b)(23), ...... EPA is proposing approval for this defini- 51.166(b)(1)(i), 51.165(a)(1)(iv)51.166(b)(1)(i), ...... EPA is proposing approval for this defini- below. No ...... 51.165(a)(1)(v)(C)(8) 51.166(b)(2)(iii)(h), .. EPA is not taking action on this part of notedas No, ...... 51.166(b)(2)(j) ...... EPA is not taking action, at this tim notedas No, ...... 51.166(b)(2)(k) ...... EPA is not taking action, at this time Yes ...... 51.165(a)(1)(v)(D) 51.166(b)(2)(iv), ...... EPA is proposing approval for this defini- No ...... 51.165(a)(1)(vi)(C)(3) 51.166(b)(3)(ii)(c), .. EPA is not taking action on this part of No ...... 51.165(a)(1)(vi)(E)(5) 51.166(b)(3)(vi)(d), EPA is not taking action on this part of Yes, except as noted notedas No, ...... 51.165(a)(1)(iv)(A)(1) ...... EPA is not taking action, at this time, o Yes ...... 51.166(b)(1)(i)(a) ...... EPA is proposing approval for this Yes ...... 51.165(a)(1)(iv)(A)(2) 51.166(b)(1)(i)(c), ... EPA is proposing approval for this defini- * * * (part of Major Modification defini- tion). nent clean coal technology demonstra- tion project that constitutes repowering (part of Major Modification definition). electric utility steam generating unit. (part of Major Modification definition). PAL (part of Major Modification defini- tion). (part of Net Emissions Increase defini- tion). and pollution control project (part of Net Emissions Increase definition). ductory). source in a nonattainment area is sub- ject. (part of Major Stationary Source definition). source in an attainment or unclassifiable area (part of Major Sta- tionary Source definition). physical change that would occur at a stationary source (part of Major Sta- tionary Source definition). Net Emissions Increase definition ...... Yes ...... 51.166(b)(3), 51.165(a)(1)(vi) ...... II.A.23.d(viii) ...... Addition replacement or use of a PCP II.23.d(x) ...... The installation or operation of a perma- II.A.23.d(xi) ...... The reactivation of a very clean coal fired II.A.23.e ...... This definition shall not apply * * * for a II.A.27. (except II.A.27.c(iv) ...... Net emission increase at a clean unit II.A.27.g(v) ...... Net emissions increase at a clean unit II.A.43 ...... Secondary Emissions definition ...... YesII.A.44 ...... 51.166(b)(18), Significant definition ...... YesII.A.25 ...... 51.1 Major Stationary Source definition (intro- II.A.25.b ...... For the purpose of determining whether a II.A.25.a ...... For the purpose of determining whether a II.A.25.c ...... Major stationary source includes any I.B.35 ...... Potential to Emit definition ...... Yes ...... 51.166( II.A.27.c.(iv) and II.A.g.(v)). – – – – – – – – – – – – – – D 1.B.36 ...... D I.B.44 ...... A I.B.55 ...... D I.B.57 ...... D I.B. 58. Major Stationary I.B.58.a ...... D I.B.58.b ...... D I.B.58.c ...... D Source. – – – – – – – – N/A ...... D N/A ...... D N/A ...... D N/A ...... D A N/A ...... D N/A ...... D A A A A A A A
VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 72750 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules I.B.22. is sec- section ‘‘ his sec- his sec- III.C.3. of ‘‘ or this sec- or this defini- al for this sec- al for this defini- IV.A. to I.B.58. in the current – IV.C.3 in the current – – is at A ’’ is at B ’’ Comment (if applicable see footnote) tion. tion. tion. tion. tion. tion. tion. tion. tion. tion. tion. tion. Part B codified SIP. tion. tion. codified SIP. tion. codified SIP. of Part A See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. EPA is proposing approval for this sec- The reference in D The reference in this definition to See footnote 2. See footnote 2. See footnote 2...... EPA is propoosing approval for this sec- ...... EAP is proposing approval for this sec- ...... EPA is proposing approval for this sec- ...... EPA is proposing approval for this sec- and 40 CFR 51.166 ...... EPA is proposing approval for this sec- ...... See footnote 2. Equivalent provision in 40 CFR 51.165 1.166(q) ...... Copied from Part B, IV.C.4. of current tion into the SIP porate revision or addi- EPA proposing to incor- Yes ...... 51.166(g)(ii) and (iv) ...... EPA is proposing approval for this Yes ...... 51.165(as)(1)(iv)(B) 51.166(b)(1)(ii), ...... EPA is proposing approval for this defini- Yes ...... 51.165(a)(1)(iv)(C) 51.166(b)(1)(iii), ...... EPA is proposing approval for this defini- Yes ...... N/A ...... EPA is proposing approval f Yes ...... EPA is proposing approv Yes ...... EPA is proposing approv Yes ...... 51.166(a)(iii) ...... EPA is proposing approval for t Yes ...... N/A ...... EPA is proposing approval f Yes ...... 51.166(q)(v) ...... EPA is proposing approval for th Yes ...... 51.166(q)(viii) ...... EPA is proposing approval for t Provision description plications. volatile organic compounds shall be considered major (part of Major Sta- tionary Source definition). source shall not be included (part of Major Stationary Source definition). sources (part of Major Stationery Source definition). Metro PM10 (part of Major Stationary Source definition). CP or OP. (request comment on). sion. hearing. on application. s 4/16/2004 ’ Reg. 3 Revision IV.A.1 ...... Public notice of NSR and PSD permit ap- II.A.25.d ...... A major stationary source that is for II.A.25.e ...... The fugitive emissions of a stationery II.A.25.f ...... Emissions caused by indirect air pollution II.A.25.g ...... A major stationary source in the Denver III...... Permit Review Procedures ...... Yes ...... III.A ...... Major Stationary Sources must apply for III.B ...... Process PSD applications w/in 12 months Yes ...... IV ...... Public Comment Requirements ...... YesIV.A ...... 51.166(q) Public Notice ...... Yes ...... 5 IV.A.2 ...... Additionally, for permit applications * * * IV.A.3 ...... Within 15 days after prepare PA ...... Yes ...... IV.A.4 ...... N/A ...... Hearing request for innovative control ...... YesIV.A.5 ...... N/A ...... Hearing request transmitted to commis- IV.A.6 ...... Commission shall hold public comment IV.A.7 ...... 15 days after division makes final decision Provision location in Colorado – – – – – – – – – – – – – – – – D For ‘‘ . ’’ The news- ‘‘ from to – ’’ Colorado SIP) s current SIP Reg. 3 ’ (N/A = not in current I.B.58.d ...... D I.B.58.f ...... D I.B.58.e ...... D I.B.58.g ...... D IV.B.5 ...... D IV.C.4. IV.C.4.f ...... D IV.C.5 ...... D IV.C.6 ...... D IV.C.7 ...... D IV.C.8 ...... D IV.C.9 ...... D paper notice sources subject to the provisions of section IV.D.3. – – – – – – – – – – – – rado Provision location in Colo- A A A A N/A ...... D N/A ...... D B N/A ...... D N/A ...... D B B B B B B B
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- - - - ’’ provi- is sec- is provi- this sec- III.D.1. of III.D.1. of ‘‘ ‘‘ ssary intro- or this sec- or this sec- or this sec- or this sec- V.A. to VI.A. to – – IV.D.1. in the current IV.D.1. in the current reasonable possiblity ‘‘ – – or ’’ is at B is at B ’’ ’’ clean unit tion. Part B codified SIP. ‘‘ sion. tion. tion. tion. tion. tion. sion. sion. sion. Part B codified SIP. tion. ductory language from this provision. tion. sion. tion. tion. tion. tion. used in this provision at time the request of Colorado The reference in D See footnote 2. See footnote 1. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnotes 1 and 2. EPA is proposing approval for this provi- See footnote 2. The reference in D See footnote 2. See footnote 2. See footnote 1 and 2. See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 1 and 5. 4 ...... EPA is proposing approval for this sec- – V.A Condiitons 1 ...... EPA is proposing approval for this provi- ) ...... EPA is proposing approval for this provi- ppx. S.IV.Appx...... EPA is proposing approval for this sec- 51.165(a)(6) ...... EPA is not taking action on the terms comment section. Yes, except as noted in Yes ...... N/A ...... EPA is proposing approval f Yes ...... S.IV.DAppx...... 51.165, EPA is proposing approval for this sec Yes ...... S.IV.DAppx...... 51.165, EPA is proposing approval for this sec Yes ...... S.V.AAppx...... 51.165, EPA is proposing approval for this sec Yes ...... N/A ...... EPA is proposing approval f Yes ...... N/A ...... EPA is proposing approval f Yes ...... N/A ...... EPA is proposing approval f Yes ...... 51.165(a)(5)(ii) ...... EPA is proposing approval for th Yes ...... 51.165(a)(7) ...... EPA is proposing approval for th Yes ...... S.IV.BAppx...... 51.165, EPA is proposing approval for this sec Yes ...... N/A ...... Colorado has deleted unnece Yes ...... 51.166(j) ...... EPA is proposing approval for Yes ...... 51.166(m)(1)(iv) ...... EPA is proposing approval for this Rea- ‘‘ provisions in non- ’’ attainment areas) (part of Applicability of Certain Nonattainment Area Require- ments). ment Areas (Introductory). attainment area. analysis of alternative sites * * *. it is taken * * *. sions from the proposed source will not adversely impact visibility * * *. Area Requirements. attainment area * * *. apply at such time that any stationary source * * *. at existing emissions units * * * ( sonable possibility quest (part of Applicability Certain Nonattainment Area Requirements). Area Requirements. Areas (Introductory). fications. data. V ...... Requirements Applicable to Non-attain- V.A ...... Major Stationary Sources ...... Yes ...... 51.165, A V.A.1. through 3 ...... Major Stationary Sources ...... YesV.A.3.d ...... 51.165, Appx. S.I With respect to offsets from outside non- V.A.4 ...... The permit application shall include an V.A.5 ...... Offsets for which emission reduction cred- V.A.6 ...... The applicant will demonstrate that emis- V.A.7 ...... Applicability of Certain Nonattainment V.A.7.a ...... Any major stationary source in a non- V.A.7.b ...... The requirements of section V.A. shall V.A.7.c ...... The following provisions apply to projects V.A.7.d ...... Documents available for review upon re- V.A.8 ...... Exemptions from Certain Nonattainment VI ...... Requirements Applicable to Attainment VI.A ...... Major Stationary Sources and Modi- VI.A.1.c ...... For phased construction * * *...... VI.A.3.d ...... Yes ...... In general, the continuous air monitoring 51.166(j)(4) .... VI.A.4 ...... Post-construction monitoring ...... Yes ...... 51.166(m)(2 – – – – – – – – – – – – – – – – – – D D IV.D.2 ...... D IV.D.2.a ...... D IV.D.2.a(i) through (iii) .. D IV.D.2.a.(iii)(C) 2nd par D IV.D.2.a.(iv) ...... D IV.D.2.a.(v) ...... D IV.D.2.a(vi) ...... D IV.D.2.b ...... D IV.D.2.b.(i) ...... D IV.D.2.b(ii) ...... D IV.D.2.c (and sub- IV.D.3 ...... D IV.D.3.a. (and sub- IV.D.3.a(i)(C) ...... D IV.D.3.a.(iii)(D) ...... D IV.D.3.a.(iii)(D) ...... D sections). sections not listed below). – – – – – – – – – – – – – – – – B B B B B B B B B B N/A ...... D N/A ...... D B B B B B B
VerDate Aug<31>2005 14:03 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 72752 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules or ’’ rovi- provi- his sec- III.D.I. of his provi- his provi- his provi- VIII.B. ‘‘ – clean unit ‘‘ VI.B.3. and de- used in this – ’’ VI.D. to – IV.D.1 in the current – s discretion as allowed by ’ is at B ’’ reasonable possibility Comment (if applicable see footnote) sion. sion. sion. sion. sion. tion. sion. with the exception that EPA is not tak- ing action on the terms sions with the exception of D ‘‘ make post construction monitoring at the director 51.166(m)(2). sion. Part B codified SIP. sion. sion. provision, at this time, the request of Colorado. leted unnecessary language. sion. See footnote 2. See footnote 2. See footnote 2. See footnote 1. See footnote 2. See footnote 2. Colorado has revised this provision to See footnotes 1 and 2. EPA is proposing approval for this provi- See footnote 2. The reference in D See footnote 2. See footnote 2. See footnote 2. See footnote 2. See footnote 1 and 5. See footnotes 1 & 2...... EPA is proposing approval for this provi- ...... EPA is proposing approval for this provi- and 40 CFR 51.166 ...... EPA is proposing approval for this provi- .166(p)(1) ...... EPA is proposing approval for this provi- Equivalent provision in 40 CFR 51.165 51.166(r)(6) ...... EPA is proposing approval for this section 51.166(e) ...... EPA is proposing approval for this provi- VIII.B. – tion into the SIP comment section. of D porate revision or addi- EPA proposing to incor- Yes ...... (2)and 51.166(i)(1) ...... EPA is proposing approval for this p Yes ...... 4and 51.166(i)(3) ...... EPA is proposing approval for this Yes ...... 51.166(i)(6) ...... EPA is proposing approval for t Yes, except as noted in Yes ...... 51.166(r)(7) ...... EPA is proposing approval for t Yes ...... 51.166(i)(9) ...... EPA is proposing approval for t Yes ...... 51.165(b) ...... EPA is proposing approval for t Yes ...... 51.166(i)(5) ...... Colorado has reworded D Rea- ‘‘ provisions PSD). ’’ Provision description apply. VI.A.2 through VI.A.4. apply * * *. at existing emissions units * * * ( sonable possibly (Part of Applicability Certain PSD Re- quirements). quest. (part of Applicability Certain PSD Requirements). apply. areas affecting nonattainment area. major stationary source or modi- fication from the requirements of sec- tions VI.A.3. through VI.A.5. of this Part, with respect to monitoring for a par- ticular pollutant if: * * *. The division may exempt a proposed
– (ix) ...... deleted Mercury, Beryllium, Vinyl chloride Yes ...... 51.166(i)(5)(i) ...... – s 4/16/2004 ’ Reg. 3 Revision VI.B ...... Applicability of Certain PSD Requirements Yes ...... VI.B.1 N/A ...... The requirements of section VI.A. do not VI.B.2 ...... The requirements contained in sections VI.B.3. (including D VI.B.4 ...... The requirements of this Part D shall VI.B.5 ...... The following provisions apply to projects VI.B.6 ...... documents available for review upon re- VI.B.7 ...... A stationary source or modification may VI.C ...... Notice to EPA ...... Yes ...... VI.D ...... 51 Major Stationary Sources in attainment VII ...... Negligibly Reactive VOCs ...... YesVIII ...... 51.100(s) Area Classifications ...... Yes, with the exception VI.B.3.a.(i) Provision location in VI.B.3.b., c., and d.). Colorado – – – – – – – – – – – – – (12) D – Colorado SIP) s current SIP Reg. 3 ’ (N/A = not in current IV.D.3.b ...... D IV.D.3.b.(i) ...... D IV.D.3.b.(ii) ...... D IV.D.3.b(iii) ...... D IV.D.3.b.(iii)(A)(1) IV.D.3.b.(iv) ...... D IV.D.3.b(v) ...... D IV.D.3.c ...... D IV.D.3.d ...... D IV.D.4 ...... D V ...... D – – – – – – – – – – – rado Provision location in Colo- B B B B B B N/A ...... D N/A ...... D B B B B B
VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72753 n III.B. of ‘‘ I.B.26. of ‘‘ X.A.5. – he currently codi- he currently codi- XIII.C. to I.B.5. to – – I.B.35.c. in the current IV.b. in the current codi- – – I.B.4 at this time the re- – is at A is at B ’’ ’’ sion. quest of Colorado. fied SIP. EPA is not proposing approval as part of this action. sion with the exception of D fied SIP. EPA is not proposing approval as part of this action. sion. tion. tion. tion with the exception of I.B.3. and second sentence of I.B.4. at this time the request of Colorado. provision D sion. at this time the request of Colorado. Part B fied SIP. This section will be acted on by EPA as a separate action. sion. sion. sion. sion. sion. sion. Part A codified SIP. See footnote 2. See footnote 1. See FR Notice of 3/25/98 (14357). See FR Notice of 3/25/98 (14357). See footnote 2. EPA is proposing approval for this defini- See footnote 1. EPA is proposing approval for this defini- EPA is not taking action on this part of See footnote 1. The reference in D See footnote 2. The reference in D See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 2. See footnote 1. See footnote 2.
...... EPA is proposing approval for this provi- ...... EPA is proposing approval for this provi- ), (iv)(a) and (b), (38), 51.165(a)(1)(xxvi)(38), ...... EPA is proposing approval for this provi- (p) ...... EPA is proposing approval for this sec- 6(b)(46), 51.165(a)(1)(xxxiv)6(b)(46), ...... EPA is proposing approval for this provi- 166(b)(43), 51.165(a)(1)(xxxiv)166(b)(43), ...... EPA is proposing approval for this provi- 51.165(a)(1)(xxxiv)166(b)(45), ...... EPA is proposing approval for this provi- 51.165(a)(1)(xxxii)166(b)(44), ...... EPA is proposing approval for this provi- 51.165(a)(2)(iii) (A) and (B). 51.165(a)(2)(ii)(F) second sentence. 51.165(a)(2)(ii)(C), (D), and (F). 1.166(e) ...... EPA is proposing approval for this provi- 51.166(c) ...... EPA is proposing approval for this provi- ...... N/A ...... EPA is not taking action on this section. X.A.5. – of D No ...... N/A ...... This provision is not in t No ...... N/A ...... This provision is not in t No ...... 51.165(a)(2)(ii)(E) 51.166(a)(7)(iv)(e), ...... EPA is not taking action on this provision No ...... 51.166(a)(7)(iv)(f) second sentence, Yes ...... 51.165(a)(2)(iii) 51.166(a)(7)(v), ...... EPA is proposing approval for this provi- No ...... 51.165(a)(2)(iv) 51.166(a)(7)(vi), ...... EPA is not taking action on this provisio Classifications). of Air Quality Limitations). plicability Tests). an existing unit and a clean unit. ing, or operating under, a Plantwide Ap- plicability Limitation. tion Control Project. Applicability Tests...... YesApplicability ...... 51.166(a)(7)(iv)(c), (d), and (f), For example, for a project involves both VIII.B ...... All other areas of Colorado, (part Area IX ...... Redesignation ...... YesX ...... 5 Air Quality Limitations ...... Yes, with the exception X.A.5 ...... Increment Consumption Restriction (part XI ...... Exclusions from Increment ConsumptionXII Yes ...... Innovative Control Technology 51.166(f) ...... YesXIII ...... 51.166(s) Federal Class I Areas ...... Yes ...... 51.166 XIV ...... Visibility ...... No ...... I.A ...... General Applicability (Introductory) ...... YesI.B. (except 1.b.3. and ...... 51.166(a)(7 I.B.3 ...... Emissions tests at clean units (part of Ap- I.B.4. Second sen- I.C ...... For any major statioN/Ary source request- I.D ...... An owner or operator undertaking a Pollu- I.B.13 ...... CEMS definition ...... Yes ...... I.B.14 ...... 51. CERMS definition ...... Yes ...... I.B.15 ...... 51.16 CPMS definition ...... Yes ...... I.B.33 ...... 51. Pollution Prevention definition ...... Yes ...... I.B.36 ...... 51.166(b) PEMS definition ...... Yes ...... 51. second sentence of 1.B.4.). tence. – – – – – – – – – – – – – – – – – – – VI ...... D VII ...... D VIII ...... D IX ...... D X ...... D XI ...... D – – – – – – N/A ...... D B B N/A ...... D B B B B N/A ...... A N/A ...... A N/A ...... A N/A ...... A N/A ...... A N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D
VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 72754 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules fini- defini- Comment (if applicable see footnote) tion. tion. tion. tion. tion tion. tion. tion. tion. tion. tion. tion. tion. tion. tion. tion. tion. tion. at this time the request of Colorado. tion. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. ), 51.165(a)(1)(xx)(D)), ...... EPA is proposing approval for this defini- 51.165(a)(1)(xxxv) ...... EPA is proposing approval for this defini- 51.165(a)(1)(xxiii) ...... EPA is proposing approval for this defini- viii), 51.165(f)(2)(viii)viii), ...... EPA is proposing approval for this defini- 51.165(a)(1)(xv) ...... EPA is proposing approval for this defini- (iv), 51.165(f)(2)(iv)(iv), ...... EPA is proposing approval for this defini- )(iv), 51.165(f)(2)(vi))(iv), ...... EPA is proposing approval for this defini- 51.165(f)(2)(vii))(vii), ...... EPA is proposing approval for this defini- and 40 CFR 51.166 w)(2)(x), 51.165(f)(2)(x)w)(2)(x), ...... EPA is proposing approval for this defini- (w)(2)(i) 51.165(f)(2)(i)(w)(2)(i) ...... EPA is proposing approval for this defini- 51.165(a)(1)(xxviii)(b)(8), ...... EPA is proposing approval for this defini- (b)(25) ...... EPA is proposing approval for this defini- (b)(26) ...... EPA is proposing approval for this defini- 51.165(f)(2)(ix)(w)(2)(ix), ...... EPA is proposing approval for this defini- 66(b)(41), 51.165(a)(1)(xxix)66(b)(41), ...... EPA is not taking action on this definition Equivalent provision in 40 CFR 51.165 tion into the SIP porate revision or addi- EPA proposing to incor- ...... 51.165(a)(1)(xvii) 51.166(b)(7), ...... EPA is proposing approval for this de Yes ...... 51.165(a)(1)(xxiv) 51.166(b)(34), ...... EPA is proposing approval for this defini- Yes ...... 51.165(a)(1)(xx) 51.166(b)(30), ...... EPA is proposing approval for this defini- Yes ...... 51.165(a)(1)(xxx) ...... EPA is proposing approval for this Yes ...... 51.165(f)(2)(v) 51.166(w)(2)(v), ...... EPA is proposing approval for this defini- Provision description Project definition. purposes). nition. tion. definition. s 4/16/2004 ’ Reg. 3 Revision II.A.2 ...... Actuals PAL Definition ...... YesII.A.4 ...... 51.166 Baseline Actual Emissions definition ...... YesII.A.7 ...... 51.166(b)(47), Begin Actual Construction definition ...... YesII.A.9 ...... 51.166(b)(II), Clean Coal Technology definition ...... YesI.II.A.10 ...... 51.166(b)(33), Clean Coal Technology Demonstration II.A.11 ...... Clean Unit definition ...... II.A.13 ...... No ...... Construction definition ...... 51.1 YesII.A.14 ...... 51.166 Emissions Unit definition (for PSD/NSR II.A.15 ...... Electric Utility Steam Generating Unit defi- II.A.17 ...... High Terrain definition ...... YesII.A.18 ...... 51.166 Hydrocarbon Combustion Flare definition ...... II.A.20 ...... 51.166(b)(31)(iv Low Terrain definition ...... YesII.A.22 ...... 51.166 Major Emissions Unit definition ...... YesII.A.28 ...... 51.166(w)(2) Nonattainment New Source Review defini- II.A.29 ...... PAL Effective Date definition ...... YesII.A.30 ...... 51.166(e)(2 PAL Effective Period definition ...... YesII.A.31 ...... 51.166(e)(2 PAL Major Modification definition ...... YesII.A.32 ...... 51.166(w)(2)( PAL Permit definition ...... YesII.A.33 ...... 51.166 PAL Pollutant definition ...... YesII.A.34 ...... 51.166( Plantwide Applicability Limitation (PAL) Provision location in Colorado – – – – – – – – – – – – – – – – – – – – Colorado SIP) s current SIP Reg. 3 ’ (N/A = not in current rado Provision location in Colo- N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D
VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72755 s defini- I.B.38. of ‘‘ SVII.I.2. (applica- – I.B.53 in the current – are at A ’’ tion. tion. at this time the request of Colorado. tion. tion. tion. tion. tion. tion. tion. at this time, the request of Colorado. at this time, the request of Colorado. tion deadline) to 12 months prior ex- piration instead of 6 months. XVII.N.2.d of this section to nual Report) to require submission of QA/QC data as requested, not part of the semi annual report specified in 51.166(w)(14)(i)(c). Part A tion. tion. tion. codified SIP. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. See footnote 1. The references in XVII.N.1.g and Colorado has revised D Colorado has revised XVII.N.1. (Semi-An- See footnote 1. See footnote 1. See footnote 1. See footnote 1. I.B.58.a.): – 1.165(a)(1)(xxvii) ...... EPA is proposing approval for this defini- 1.165(a)(1)(xxviii) ...... EPA is proposing approval for this defini- 51.165(a)(1)(xxxvii) ...... EPA is proposing approval for this defini- i), 51.165(f)(2)(xi)i), ...... EPA is proposing approval for this defini- (iii), 51.165(a)(1)(iii)(iii), ...... EPA is proposing approval for this defini- 1.165(f) ...... EPA is proposing approval for this sec- 1), 51.165(a)(1)(xxv)1), ...... EPA is not taking action on this definition 51.165(a)(1)(xxi)2), ...... EPA is proposing approval for this defini- b)(36) ...... EPA is proposing approval for this defini- (v), 51.165(e)(v), ...... EPA is not taking action on this section, red, contains nonsubstantive changes to the rule that do not effect meaning of .166(b)(51), 51.165(a)(1)(xxix).166(b)(51), ...... EPA is proposing approval for this defini- Federal New Source Review regulations found at 40 CFR 51.165 and 51.166 con- it will only be effective until EPA approves the NSR Reform revisions for incorporation .(d)and 51.165(c) (u), ...... and 51.166(t) EPA is not taking action on this section, ification as it applies to PSD sources located in attainment areas only, consistent with 40 n which the definition applies. This renumbered rule and all subsections within this su- proposes to approve this addition the definition of Major Modification into SIP. Yes ...... 51.165(a)(1)(xli) 51.166(b)(42), ...... EPA is proposing approval for this defini- Yes ...... 51.166(b)(37) ...... EPA is proposing approval for thi Yes ...... 51.165(a)(1)(XXII) 51.166(b)(35), ...... EPA is proposing approval for this defini- II.A.25.b from what is in the current codified SIP definition of Major Stationary Source (at A – s federally approved SIP. ’ Permit definition. EUSGU definition. Project definition. II.A.35 ...... Pollutant Control Project definition ...... II.A.36 ...... No ...... Prevention of Significant Deterioration 51.166(b)(3 II.A.37 ...... Project definition ...... YesII.A.38 ...... 51 Projected Actual Emissions definition ...... YesII.A.39 ...... 51.166(b)(40), 5 Reactivation of Very Clean Coal-Fired II.A.40 ...... Regulated NSR Pollutant definition ...... YesII.A.41 ...... 51.166(b)(49), Replacement Unit definition ...... YesII.A.42 ...... 51.166(b)(3 Repowering definition ...... YesII.A.45 ...... 51.166( Significant Emissions Increase definition .. YesII.A.46 ...... 51.166(b)((39), 5 Significant Emissions Unit definition ...... YesII.A.47 ...... 51.166(w)(2)(x Small Emissions Unit definition ...... YesII.A.48 ...... 51.166(w)(2) Temporary Clean Coal Demonstration XV ...... Clean Units ...... XVI ...... No ...... Pollution Control Projects ...... XVII ...... No ...... Plantwide Applicability Limitations 51.166 ...... Yes ...... 51.166(v), 5 – – – – – – – – – – – – – – – s SIP submittal deletes the following language in D ’ Footnote 1: We are proposing to approve this new rule in Regulation No. 3 because the is identical or consistent with Footnote 2: We are proposing to approve this change of an existing Regulation No. 3 rule because the has only been renumbe Footnote 3: Colorado has marked this part of the definition Major Modification as underlined, meaning that State intends Footnote 4: Colorado N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D N/A ...... D tain no changes to the language that would effect meaning of rule. the rule and/or has been modified to move a definition that already approved into SIP specific section i persede and replace the prior numbered rule subsections in Colorado into the SIP. Colorado has since clarified that they intended this provision remain as part of definition Major Mod CFR 51.166(b)(2)(j). If Colorado revises Regulation No. 3 to indicate this clarification prior EPA taking final action,
VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 72756 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 10. However, – since Colorado ’’ reasonable possi- ‘‘ reasonable possibility Major Stationary Source prior to EPA ‘‘ VI.B.5. without the terms VI.D.1. of Regulation No. 3, and the phrase – – do has not provided a justification for the deletion of ions should it be necessary for EPA to take further ac- V.A.7.c. and D , as used in D ’’ – s rule without the terms ’ since the Denver Metro area is now in attainment for PM ent provisions D urce which is major for these precursors subject to the nonattainment new currently codified SIP language that is part of the definition Major Stationary Source at source exceeds the significance levels in table under Section IV.D.3.d(ii), Part B. Such under Section 110 of the Federal Act shall be considered major when it has potential to s policy and guidance. Additionally, CDPHE provided a letter to EPA dated Nov 28, 2005 that ’ significantly affect ambient air quality ‘‘ Therefore, EPA proposes to approve Colorado ’’ s use of the phrase ’ s intent is that Colorado will implement the rule consistently with EPA ’ , as used in 40 CFR 51.165(b)(1). If Colorado revises Regulation No. 3 to add this deleted language back into the definition of ’’ II.A.25.b into the SIP at this time because of deletion remaining language in second and third sentences. Colora – request that the Commission make any revisions to Regulation No. 3 necessary incorporate and implement federal program revis ‘‘ s deletion of the first sentence that refers to Denver Metro PM10 nonattainment area could be proposed for approval by EPA ’ included as part of these provisions. CDPHE ’’ I.B.58.a. will remain in the SIP. In the Denver Metro PM10 nonattainment area, sulfur dioxide and nitrogen oxides shall be treated as precursors, any so Colorado Footnote 5: EPA has discussed with the Colorado Department of Public Health and Environment (CDPHE) on how it intends to implem – cause or contribute to a violation of any NAAQS will be implementing this rule provision in a manner consistent with EPA. source review provisions. Additionally, a causing or contributing to violation of NAAQS for any pollutant regulated emit 100 tons per year or more of that pollutant. The source will be considered to cause contribute a violation when the source is subject to the requirements of IV.D.3. EPA is not proposing to approve D the second and third sentences. These sentences appear to provide a link between Colorado bility stated their intent is to also tion on the remand of Code Federal Regulations, Title 40, sections 51.165(a)(6) and 51.166(r)(6). ‘‘ taking final action, EPA proposes to approve this part of the definition Major Stationary Source into SIP. Otherwise A
VerDate Aug<31>2005 13:00 Dec 06, 2005 Jkt 208001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules 72757
IV. What Action Is EPA Taking Today? Executive Order 13175 Consultation List of Subjects in 40 CFR Part 52 and Coordination With Indian Tribal Environmental protection, Air EPA is proposing to approve portions Governments of Colorado’s revisions to Regulation pollution control, Carbon monoxide, No. 3, submitted by Colorado on July 11, This proposed rule also does not have Intergovernmental relations, Lead, 2005 and October 25, 2005, that relate tribal implications because it will not Nitrogen dioxide, Ozone, Particulate to the PSD and NSR construction have a substantial direct effect on one or matter, Reporting and recordkeeping more Indian tribes, on the relationship permits program. These revisions meet requirements, Sulfur oxides, Volatile between the Federal Government and the minimum program requirements of organic compounds. Indian tribes, or on the distribution of the December 31, 2002, EPA NSR Authority: 42 U.S.C. 7401 et seq. power and responsibilities between the Reform rulemaking. EPA will take Federal Government and Indian tribes, Dated: November 28, 2005. action at a later date on the remaining as specified by Executive Order 13175 Max H. Dodson, revisions made by Colorado to (59 FR 22951, November 9, 2000). Acting Regional Administrator, Region 8. Regulation No. 3 as adopted on April 16, 2004 by the Colorado Air Quality Executive Order 13132 Federalism [FR Doc. 05–23712 Filed 12–6–05; 8:45 am] BILLING CODE 6560–50–P Control Commission. This future action This action also does not have will allow EPA to consider the complete federalism implications because it does Regulation No. 3 restructuring and other not have substantial direct effects on the ENVIRONMENTAL PROTECTION previously submitted SIP revision States, on the relationship between the AGENCY requests for Regulation No. 3. National Government and the States, or V. Statutory and Executive Order on the distribution of power and 40 CFR Part 180 responsibilities among the various Reviews [OPP–2005–0240; FRL–7737–5] levels of government, as specified in Executive Order 12866; Regulatory Executive Order 13132 (64 FR 43255, Pesticides; Revisions to Tolerance Planning and Review August 10, 1999). This action merely Exemptions for Polymers proposes to approve a state rule Under Executive Order 12866 (58 FR implementing a federal standard, and AGENCY: Environmental Protection 51735, October 4, 1993), this action is does not alter the relationship or the Agency (EPA). not a ‘‘significant regulatory action’’ and distribution of power and ACTION: Proposed rule. therefore is not subject to review by the responsibilities established in the Clean Office of Management and Budget. Air Act. SUMMARY: EPA is proposing to remove the molecular weight limitations from Executive Order 13211: Actions That Executive Order 13045 Protection of the tolerance exemption expression for Significantly Affect Energy Supply, Children From Environmental Health certain polymeric substances codified in Distribution, or Use and Safety Risks 40 CFR 180.960. These exemptions from Because it is not a ‘‘significant This proposed rule also is not subject the requirement of a tolerance were regulatory action’’ under Executive to Executive Order 13045 ‘‘Protection of established based on the polymer’s Order 12866 or a ‘‘significant energy Children from Environmental Health meeting the criteria established by the action,’’ this action is also not subject to Risks and Safety Risks’’ (62 FR 19885, Agency in 40 CFR 723.250, which Executive Order 13211, ‘‘Actions April 23, 1997), because it is not define a low risk polymer. The Agency Concerning Regulations That economically significant. is acting on its own initiative. Significantly Affect Energy Supply, National Technology Transfer DATES: Comments must be received on Distribution, or Use’’ (66 FR 28355, May Advancement Act or before February 6, 2006. 22, 2001). In reviewing SIP submissions, EPA’s ADDRESSES: Submit your comments, Regulatory Flexibility Act role is to approve state choices, identified by docket identification (ID) provided that they meet the criteria of number OPP–2005–0240, by one of the This proposed action merely proposes the Clean Air Act. In this context, in the following methods: to approve state law as meeting Federal absence of a prior existing requirement • Federal eRulemaking Portal: http:// requirements and imposes no additional for the state to use voluntary consensus www.regulations.gov/. Follow the on- requirements beyond those imposed by standards (VCS), EPA has no authority line instructions for submitting state law. Accordingly, the to disapprove a SIP submission for comments. Administrator certifies that this failure to use VCS. It would thus be • Agency Website: EDOCKET, EPA’s proposed rule will not have a significant inconsistent with applicable law for electronic public and comment system economic impact on a substantial EPA, when it reviews a SIP submission, was replaced on November 25, 2005, by number of small entities under the to use VCS in place of a SIP submission an enhanced federal-wide electronic Regulatory Flexibility Act (5 U.S.C. 601 that otherwise satisfies the provisions of docket management and comment et seq.). the Clean Air Act. Thus, the system located at http:// Unfunded Mandates Reform Act requirements of section 12(d) of the www.regulations.gov/. Follow the on- National Technology Transfer and line instructions. Because this rule proposes to approve Advancement Act of 1995 (15 U.S.C. • E-mail: Comments may be sent by pre-existing requirements under state 272 note) do not apply. e-mail to: [email protected], law and does not impose any additional Attention: Docket ID Number OPP– enforceable duty beyond that required Paperwork Reduction Act 2005–0240. by state law, it does not contain any This proposed rule does not impose • Mail: Public Information and unfunded mandate or significantly or an information collection burden under Records Integrity Branch (PIRIB) uniquely affect small governments, as the provisions of the Paperwork (7502C), Office of Pesticide Programs described in the Unfunded Mandates Reduction Act of 1995 (44 U.S.C. 3501 (OPP), Environmental Protection Reform Act of 1995 (Pub. L. 104–4). et seq.). Agency, 1200 Pennsylvania Ave., NW.,
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Washington, DC 20460–0001, Attention: Crystal Mall #2, 1801 S. Bell St., information in a disk or CD ROM that Docket ID Number OPP–2005–0240. Arlington, VA. This Docket Facility is you mail to EPA, mark the outside of the • Hand delivery: Public Information open from 8:30 a.m. to 4 p.m., Monday disk or CD ROM as CBI and then and Records Integrity Branch (PIRIB), through Friday, excluding legal identify electronically within the disk or Office of Pesticide Programs (OPP), holidays. The Docket telephone number CD ROM the specific information that is Environmental Protection Agency, Rm. is (703) 305–5805. claimed as CBI. In addition to one 119, Crystal Mall #2, 1801 S. Bell St., FOR FURTHER INFORMATION CONTACT: complete version of the comment that Arlington, VA, Attention: Docket ID Kathryn Boyle, Registration Division includes information claimed as CBI, a Number OPP–2005–0240. Such (7505C), Office of Pesticide Programs, copy of the comment that does not deliveries are only accepted during the Environmental Protection Agency, 1200 contain the information claimed as CBI Docket’s normal hours of operation, and Pennsylvania Ave., NW., Washington, must be submitted for inclusion in the special arrangements should be made DC 20460–0001; telephone number: public docket. Information so marked for deliveries of boxed information. (703) 305–6304; fax number: (703) 305– will not be disclosed except in Instructions: Direct your comments to 0599; e-mail address: accordance with procedures set forth in docket ID number OPP–2005–0240. [email protected]. 40 CFR part 2. EPA’s policy is that all comments 2. Tips for preparing your comments. SUPPLEMENTARY INFORMATION: received will be included in the public When submitting comments, remember docket without change and may be I. General Information to: made available online at http:// i. Identify the rulemaking by docket A. Does this Action Apply to Me? www.regulations.gov/, including any number and other identifying personal information provided, unless You may be potentially affected by information (subject heading, Federal the comment includes information this action if you are an agricultural Register date, and page number). claimed to be Confidential Business producer, food manufacturer, or ii. Follow directions. The agency may Information (CBI) or other information pesticide manufacturer. Potentially ask you to respond to specific questions whose disclosure is restricted by statute. affected entities may include, but are or organize comments by referencing a Do not submit information that you not limited to: Code of Federal Regulations (CFR) part consider to be CBI or otherwise • Crop production (NAICS code 111) or section number. protected through regulations.gov or e- • Animal production (NAICS code iii. Explain why you agree or disagree; mail. The regulations.gov website is an 112) suggest alternatives and substitute • ‘‘anonymous access’’ system, which Food manufacturing (NAICS code language for your requested changes. means EPA will not know your identity 311) iv. Describe any assumptions and • or contact information unless you Pesticide manufacturing (NAICS provide any technical information and/ provide it in the body of your comment. code 32532) or data that you used. If you send an e-mail comment directly This listing is not intended to be v. If you estimate potential costs or to EPA without going through exhaustive, but rather provides a guide burdens, explain how you arrived at regulations.gov your e-mail address will for readers regarding entities likely to be your estimate in sufficient detail to be automatically captured and included affected by this action. Other types of allow for it to be reproduced. as part of the comment that is placed in entities not listed in this unit could also vi. Provide specific examples to the public docket and made available on be affected. The North American illustrate your concerns, and suggest the Internet. If you submit an electronic Industrial Classification System alternatives. comment, EPA recommends that you (NAICS) codes have been provided to vii. Explain your views as clearly as include your name and other contact assist you and others in determining possible, avoiding the use of profanity information in the body of your whether this action might apply to or personal threats. comment and with any disk or CD ROM certain entities. If you have any viii. Make sure to submit your you submit. If EPA cannot read your questions regarding the applicability of comments by the comment period comment due to technical difficulties this action to a particular entity, consult deadline identified. and cannot contact you for clarification, the person listed under FOR FURTHER EPA may not be able to consider your INFORMATION CONTACT. II. Background comment. Electronic files should avoid B. How Can I Access Electronic Copies A. What is the Agency’s Authority for the use of special characters, any form Taking this Action? of encryption, and be free of any defects of this Document and Other Related or viruses. For additional information Information? The rule proposed here would be about EPA’s public docket visit the EPA In addition to using regulations.gov, issued pursuant to section 408(e) of the Docket Center homepage at http:// you may access this Federal Register Federal Food, Drug, and Comestic Act www.epa.gov/epahome/dockets.html. document electronically through the (FFDCA), as amended by FQPA (21 Docket: All documents in the docket EPA Internet under the ‘‘Federal U.S.C. 346a(e)). Section 408 of FFDCA are listed in the www.regulations.gov Register’’ listings at http:// authorizes the establishment of index. Although listed in the index, www.epa.gov/fedrgstr/. A frequently tolerances, exemptions from the some information is not publicly updated electronic version of 40 CFR requirement of a tolerance, available, i.e., CBI or other information part 180 is available at E-CFR Beta Site modifications in tolerances, and whose disclosure is restricted by statute. Two at http://www.gpoaccess.gov/ecfr/. revocation of tolerances for residues of Certain other material, such as pesticide chemicals in or on raw copyrighted material, will be publicly C. What Should I Consider as I Prepare agricultural commodities and processed available only in hard copy form. My Comments for EPA? foods. Without a tolerance or tolerance Publicly available docket materials are 1. Submitting CBI. Do not submit this exemption, food containing pesticide available either electronically in information to EPA through residues is considered to be unsafe and www.regulations.gov or hard copy at the www.regulations.gov or e-mail. Clearly therefore ‘‘adulterated’’ under section Public Information and Records mark the part or all of the information 402(a) of FFDCA. If food containing Integrity Branch (PIRIB), Rm. 119, that you claim to be CBI. For CBI pesticide residues is found to be
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adulterated, the food may not be not needed in 40 CFR 180.960, and EPA 1999). Executive Order 13132 requires distributed in interstate commerce (21 proposes to modify the tolerance EPA to develop an accountable process U.S.C. 331(a) and 342 (a)). exemptions accordingly. to ensure ‘‘meaningful and timely input by State and local officials in the B. What Action is the Agency Taking? III. Statutory and Executive Order development of regulatory policies that Reviews In the Federal Register of May 24, have federalism implications.’’ ‘‘Policies 2002, (67 FR 36525) (FRL–6834–2), EPA This proposed rule removes the that have federalism implications’’ is issued a direct final rule to add a new chemical-specific molecular weight defined in the Executive Order to section to part 180, subpart D. This limitations codified in the tolerance include regulations that have section now lists the pesticide exemption expressions in 40 CFR ‘‘substantial direct effects on the States, chemicals that are polymers subject to 180.960. Since removal of these on the relationship between the national exemptions from tolerance chemical-specific molecular weight government and the States, or on the requirements, based upon the criteria in limitations does not impose any new distribution of power and 40 CFR 723.250 that identify a low-risk requirements, it is not subject to review responsibilities among the various polymer. Under the Toxic Substances by the Office of Management and levels of government.’’ This proposed Control Act (TSCA), polymers meeting Budget (OMB) under Executive Order rule directly regulates growers, food the criteria of 40 CFR 723.250 are 12866, entitled Regulatory Planning and processors, food handlers and food exempt from certain of the Review (58 FR 51735, October 4, 1993). retailers, not States. This action does not premanufacture notice requirements. Because this proposed rule is not alter the relationships or distribution of The Office of Pesticide Programs has subject to review under Executive Order power and responsibilities established used these same criteria to create a 12866, this proposed rule is not subject by Congress in the preemption stream-lined process for establishing a to Executive Order 13211, Actions provisions of section 408(n)(4) of the tolerance exemption for a polymeric Concerning Regulations That FFDCA. For these same reasons, the substance meeting these criteria. In Significantly Affect Energy Supply, Agency has determined that this essence, a manufacturer by filing a Distribution, or Use (66 FR 28355, May proposed rule does not have any ‘‘tribal petition for an exemption from the 22, 2001). This proposed rule does not implications’’ as described in Executive requirement of a tolerance (which contain any information collections Order 13175, entitled Consultation and includes the notice of filing) with the subject to OMB approval under the Coordination with Indian Tribal Agency’s Office of Pesticide Programs is Paperwork Reduction Act (PRA), 44 Governments (65 FR 67249, November verifying their exemption under section U.S.C. 3501 et seq., or impose any 6, 2000). Executive Order 13175, 5(a)(1)(A) of TSCA. In a similar manner, enforceable duty or contain any requires EPA to develop an accountable a manufacturer who petitions the unfunded mandate as described under process to ensure ‘‘meaningful and Agency for tolerance exemption status Title II of the Unfunded Mandates timely input by tribal officials in the by stating that their polymer is Reform Act of 1995 (UMRA) (Public development of regulatory policies that described by the chemical nomenclature Law 104–4). Nor does it require any have tribal implications.’’ ‘‘Policies that of a polymer exempted under 40 CFR special considerations under Executive have tribal implications’’ is defined in 180.960 is verifying their exemption Order 12898, entitled Federal Actions to the Executive Order to include under 5(a)(1)(A) of TSCA. Address Environmental Justice in regulations that have ‘‘substantial direct Many of the polymers that were Minority Populations and Low-Income transferred from other sections of the Populations (59 FR 7629, February 16, effects on one or more Indian tribes, on CFR to this new section contained 1994); or OMB review or any Agency the relationship between the Federal limitations on the molecular weight, action under Executive Order 13045, Government and the Indian tribes, or on usually expressed in a manner similar to entitled Protection of Children from the distribution of power and the following, ‘‘minimum number Environmental Health Risks and Safety responsibilities between the Federal average molecular weight (in amu),’’ as Risks (62 FR 19885, April 23, 1997). Government and Indian tribes.’’ This part of their nomenclature. At the time This action does not involve any proposed rule will not have substantial that these exemptions were established technical standards that would require direct effects on tribal governments, on (pre-May 2002) including such a Agency consideration of voluntary the relationship between the Federal limitation assured that polymeric consensus standards pursuant to section Government and Indian tribes, or on the substances that were described by the 12(d) of the National Technology distribution of power and chemical nomenclature but were of Transfer and Advancement Act of 1995 responsibilities between the Federal lower molecular weight were not (NTTAA), Public Law 104–113, section Government and Indian tribes, as considered to be exempt from the 12(d) (15 U.S.C. 272 note). Under the specified in Executive Order 13175. requirement of a tolerance. At the time requirements of the Regulatory Thus, Executive Order 13175 does not of the transfer to 40 CFR 180.960, this Flexibility Act (RFA) (5 U.S.C. 601 et apply to this proposed rule. nomenclature was maintained. seq.), the Agency hereby certifies that List of Subjects in 40 CFR Part 180 The molecular weight criteria that this proposed action will not have define a low risk polymer are specified significant negative economic impact on Environmental protection, in 40 CFR 723.250(e), and are not a substantial number of small entities. Administrative practice and procedure, limited to the particular molecular In addition, the Agency has determined Agricultural commodities, Pesticides weights currently specified in 40 CFR that this action will not have a and pests, Reporting and recordkeeping 180.960. In promulgating 40 CFR substantial direct effect on States, on the requirements. 180.960, EPA incorporated the criteria relationship between the national Dated: November 18, 2005. of 40 CFR 723.250(e) as a requirement government and the States, or on the for all polymer exemptions. Because 40 distribution of power and Lois Rossi, CFR 180.960 through its incorporation responsibilities among the various Director, Registration Division, Office of of 40 CFR 723.250(e) now imposes a levels of government, as specified in Pesticide Programs. minimum molecular weight to assure Executive Order 13132, entitled Therefore, it is proposed that 40 CFR safety, chemical-specific limitations are Federalism(64 FR 43255, August 10, chapter I be amended as follows:
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PART 180—[AMENDED] § 180.960 Polymers; exemptions from the equal to 1000 amu), as an inert requirement of a tolerance. ingredient in a pesticide chemical 1. The authority citation for part 180 Residues resulting from the use of the formulation, including antimicrobial continues to read as follows: following substances, that meet the pesticide chemical formulations, are definition of a polymer and the criteria Authority: 21 U.S.C. 321(q), 346a and 371. exempted from the requirement of a specified for defining a low-risk tolerance under FFDCA section 408, if 2. Section 180.960 is revised to read polymer in 40 CFR 723.250 (which such use is in accordance with good as follows: includes the requirement for a number agricultural or manufacturing practices. average molecular weight greater than or
Polymer CAS No.
Acetic acid ethenyl ester, polymer with ethenol and (alpha)-2-propenyl-(omega)-hydroxypoly(oxy-1,2-ethanediyl) 137091–12–4
Acrylic acid, polymerized, and its ethyl and methyl esters None
Acrylic acid-sodium acrylate-sodium-2-methylpropanesulfonate copolymer 97953–25–8
Acrylic acid-stearyl methacrylate copolymer 27756–15–6
Acrylic acid, styrene, alpha-methyl styrene copolymer, ammonium salt 89678–90–0
Acrylic acid terpolymer, partial sodium salt 151006–66–5
Acrylic polymers composed of one or more of the following monomers: Acrylic acid, methyl acrylate, ethyl acrylate, butyl acrylate, hydroxyethyl acrylate, hydroxypropyl acrylate, hydroxybutyl acrylate, carboxyethyl acrylate, meth- acrylic acid, methyl methacrylate, ethyl methacrylate, butyl methacrylate, isobutyl methacrylate, hydroxyethyl meth- acrylate, hydroxypropyl methacrylate, hydroxybutyl methacrylate, lauryl methacrylate, and stearyl methacrylate; with none and/or one or more of the following monomers: Acrylamide, N-methyl acrylamide, N,N-dimethyl acrylamide, N- octylacrylamide, maleic anhydride, maleic acid, monoethyl maleate, diethyl maleate, monooctyl maleate, dioctyl ma- leate; and their corresponding sodium, potassium, ammonium, isopropylamine, triethylamine, monoethanolamine, and/or triethanolamine salts None
Acrylonitrile-butadiene copolymer conforming to 21 CFR 180.22 9003–18–3
Acrylonitrile-styrene-hydroxypropyl methacrylate copolymer None
Alpha-alkyl C12-C15)-w- hydroxypoly(oxypropylene)poly(oxyethylene)copolymers (where the poly(oxypropylene) con- tent is 3-60 moles and the poly(oxyethylene) content is 5-80 moles) 68551–13–3
Alkyl (C12-C20) methacrylate-methacrylic acid copolymer None
1,3 Benzene dicarboxylic acid, 5-sulfo-,1,3-dimethyl ester, sodium salt, polymer with 1,3-benzene dicarboxylic acid, 1,4-benzene dicarboxylic acid, dimethyl 1,4-benzene dicarboxylate and 1,2-ethanediol 212842–88–1
3,5-Bis(6-isocyanatohexyl)-2H-1,3,5-oxadiazine-2,4,6-(3H,5H)-trione, polymer with diethylenetriamine 87823–33–4
Butadiene-styrene copolymer None
1,4-Butanediol-methylenebis(4-phenylisocyanate)-poly(tetramethylene glycol) copolymer 9018–04–6
Butene, homopolymer 9003–29–6
2-Butenedioic acid (Z)-, polymer with ethenol and ethenyl acetate, sodium salt 139871–83–3
Butyl acrylate-vinyl acetate-acrylic acid copolymer 65405–40–5
a-Butyl-omega-hydroxypoly(oxypropylene) block polymer with poly(oxyethylene) None
Castor oil, polyoxyethylated; the poly(oxyethylene) content averages 5-54 moles None
Chlorinated polyethylene 64754–90–1
Cross-linked nylon-type polymer formed by the reaction of a mixture of sebacoyl chloride and polymethylene polyphenylisocycanate with a mixture of ethylenediamine and diethylenetriamine None
Cross-linked polyurea-type encapsulating polymer None
Dimethylpolysiloxane 63148–62–9
Dimethyl silicone polymer with silica 67762–90–7
Docosyl methacrylate-acrylic acid copolymer, or docosyl methacrylate-octadecyl methacrylate-acrylic acid copolymer None
1,12-Dodecanediol dimethacrylate polymer None
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Polymer CAS No.
1, 2-Ethanediamine, polymer with methyl oxirane and oxirane 26316–40–5
Ethylene glycol dimethyacrylate-lauryl methacrylate copolymer None
Ethylene glycol dimethacrylate polymer None
Formaldehyde, polymer with a-[bis(1-phenylethyl)phenyl]- -hydroxypoly(oxy-1,2-e thanediyl) 157291–93–5
Fumaric acid-isophthalic acid-styrene-ethylene/propylene glycol copolymer None
Hexadecyl acrylate-acrylic acid copolymer, hexadecyl acrylate-butyl acrylate-acrylic acid copolymer, or hexadecyl ac- rylate-dodecyl acrylate-acrylic acid copolymer None
Hexamethyl disilizane, reaction product with silica 68909–20–6
1,6-Hexanediol dimethyacrylate polymer None
a-Hydro-omega-hydroxy-poly(oxyethylene) C8 alkyl ether citrates, poly(oxyethylene) content is 4-12 moles 330977–00–9
a-Hydro-omega-hydroxy-poly(oxyethylene) C10-C16-alkyl ether citrates, poly(oxyethylene) content is 4-12 moles 330985–58–5
a-Hydro-omega-hydroxy-poly(oxyethylene) C16-C18-alkyl ether citrates, poly(oxyethylene) content is 4-12 moles 330985–61–0
a-Hydro-omega-hydroxypoly(oxyethylene) None
a-Hydro-omega-hydroxypoly(oxyethylene)poly (oxypropylene) poly(oxyethylene) block copolymer; the minimum poly(oxypropylene) content is 27 moles None
a-Hydro-omega-hydroxypoly(oxypropylene) None
12-Hydroxystearic acid-polyethylene glycol copolymer 70142–34–6
Isodecyl alcohol ethoxylated (2-8 moles) polymer with chloromethyl oxirane None
Lauryl methacrylate-1,6-hexanediol dimethacrylate copolymer None
Maleic acid-butadiene copolymer None
Maleic acid monobutyl ester-vinyl methyl ether copolymer 25119–68–0
Maleic acid monoethyl ester-vinyl methyl ether copolymer 2508706–3
Maleic acid monoisopropyl ester-vinyl methyl ether copolymer 31307–95–6
Maleic anhydride-diisobutylene copolymer, sodium salt 37199–81–8
Maleic anhydride-methylstyrene copolymer sodium salt 60092–15–1
Maleic anhydride-methyl vinyl ether, copolymer None
Methacrylic acid-methyl methacrylate-polyethylene glycol methyl ether methacrylate copolymer 100934–04–1
Methacrylic copolymer 63150–03–8
Methyl methacrylate-methacrylic acid-monomethoxypolyethylene glycol methacrylate copolymer 119724–54–8
Methyl methacrylate-2-sulfoethyl methacrylate-dimethylaminoethylmethacrylate-glycidyl methacrylate-styrene-2- ethylhexyl acrylate graft copolymer None
Methyl vinyl ether-maleic acid copolymer 25153–40–6
Methyl vinyl ether-maleic acid copolymer, calcium sodium salt 62386–95–2
Monophosphate ester of the block copolymer alpha-hydro-omega-hydroxypoly(oxyethylene) poly(oxypropylene) poly(oxyethylene); the poly(oxypropylene) content averages 37-41 moles None
a-(p-Nonylphenyl-omega-hydroxypoly(oxypropylene) block polymer with poly(oxyethylene); polyoxypropylene content of 10-60 moles; polyoxyethylene content of 10-80 moles None
a-(p-Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene); poly oxyethylene content 30 to 90 moles None
Octadecanoic acid, 12-hydroxy-, homopolymer, octadecanoate 58128–22–6
a-cis-9-Octadecenyl-omega-hydroxypoly(oxyethylene); the octadecenyl group is derived from oleyl alcohol and the poly(oxyethylene) content averages 20 moles None
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Polymer CAS No.
Octadecyl acrylate-acrylic acid copolymer, octadecyl acrylate-dodecyl acrylate-acrylic acid copolymer, octadecyl meth- acrylate-butyl acrylate-acrylic acid copolymer, octadecyl methacrylate-hexyl acrylate-acrylic acid copolymer, octa- decyl methacrylate-dodecyl acrylate-acrylic acid copolymer, or octadecyl methacrylate-dodecyl methacrylate-acrylic acid copolymer None
Oleic acid diester of alpha-hydro-omega-hydroxypoly(oxyethylene); the poly(oxyethylene) None
Oxirane, methyl-, polymer with oxirane, mono [2-(2-butoxyethoxy) ethyl] ether 85637–75–8
Polyamide polymer derived from sebacic acid, vegetable oil acids with or without dimerization, terephthalic acid and/or ethylenediamine None
Polyethylene glycol-polyisobutenyl anhydride-tall oil fatty acid copolymer 68650–28–2
Polyethylene, oxidized None
Polymethylene polyphenylisocyanate, polymer with ethylene diamine, diethylene triamine and sebacoyl chloride, cross-linked None
Polyoxyethylated primary amine (C14-C18); the fatty amine is derived from an animal source and contains 3% water; the poly(oxyethylene) content averages 20 moles None
Polyoxyethylated sorbitol fatty acid esters; the polyoxyethylated sorbitol solution containing 15% water is reacted with fatty acids limited to C12, C14, C16, and C18, containing minor amounts of associated fatty acids; the poly(oxyethylene) content averages 30 moles. None
Polyoxyethylated sorbitol fatty acid esters; the sorbitol solution containing up to 15% water is reacted with 20-50 moles of ethylene oxide and aliphatic alkanoic and/or alkenoic fatty acids C8 through C22 with minor amounts of associated fatty acids None
Poly(oxyethylene/oxypropylene) monoalkyl (C6-C10) ether sodium fumarate adduct 102900–02–7
Polyoxymethylene copolymer None
Poly(oxypropylene) block polymer with poly(oxyethylene) None
Poly(phenylhexylurea), cross-linked None
Polypropylene 9003–07–0
Polystyrene 9003–53–6
Polytetrafluoroethylene 9002–84–0
Polyvinyl acetate, copolymer with maleic anhydride, partially hydrolyzed, sodium salt None
Polyvinylpyrrolidone butylated polymer 26160–96–3
Polyvinyl acetate None
Polyvinyl acetate--polyvinyl alcohol copolymer 25213–24–5
Polyvinyl alcohol 9002–89–5
Polyvinyl chloride None
Polyvinyl chloride 9002–86–2
Poly(vinylpyrrolidone) 9003–39–8
Poly(vinylpyrrolidone-1-eicosene) 28211–18–9
Poly(vinylpyrrolidone-1-hexadecene) 63231–81–2
2-Propene-1-sulfonic acid sodium salt, polymer with ethenol and ethenyl acetate, None
2-Propenoic acid, polymer with 2-propenamide, sodium salt 25085–02–3
2-Propenoic acid, sodium salt, polymer with 2-propenamide 25987–30–8
Silane, dichloromethyl-reaction product with silica 68611–44–9
Sodium polyflavinoidsulfonate, consisting chiefly of the copolymer of catechin and leucocyanidin None
Stearyl methacrylate-1,6-hexanediol dimethacrylate copolymer None
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Polymer CAS No.
Styrene, copolymers with acrylic acid and/or methacrylic acid, with none and/or one or more of the following mono- mers: Acrylamidopropyl methyl sulfonic acid, methallyl sulfonic acid, 3-sulfopropyl acrylate, 3-sulfopropyl methacry- late, hydroxypropyl methacrylate, hydroxypropyl acrylate, hydroxyethyl methacrylate, and/or hydroxyethyl acrylate; and its sodium, potassium, ammonium, monoethanolamine, and triethanolamine salts None
Styrene, 2-ethylhexyl acrylate, butyl acrylate copolymer 30795–23–4
Styrene-2-ethylhexyl acrylate-glycidyl methacrylate-2-acrylamido-2-methylpropanesulfonic acid graft copolymer None
Styrene-maleic anhydride copolymer None
Styrene-maleic anhydride copolymer, ester derivative None
Tetradecyl acrylate-acrylic acid copolymer None
Tetraethoxysilane, polymer with hexamethyldisiloxane 104133–09–7
a-[p-(1,1,3,3-Tetramethylbutyl)phenyl] poly(oxypropylene) block polymer with poly(oxyethylene); the poly(oxypropylene) content averages 25 moles, the poly(oxyethylene) content averages 40 moles None
a-[2,4,6-Tris[1-(phenyl)ethyl]phenyl]-omega-hydroxy poly(oxyethylene) poly(oxypropylene) copolymer, the poly(oxypropylene) content averages 2-8 moles, the poly(oxyethylene) content averages 16-30 moles None
Urea-formaldehyde copolymer 9011–05–6
Vinyl acetate-allyl acetate-monomethyl maleate copolymer None
Vinyl acetate-ethylene copolymer 24937–78–8
Vinyl acetate polymer with none and/or one or more of the following monomers: Ethylene, propylene, N-methyl acryl- amide, acrylamide, monoethyl maleate, diethyl maleate, monooctyl maleate, dioctyl maleate, maleic anhydride, ma- leic acid, octyl acrylate, butyl acrylate, ethyl acrylate, methyl acrylate, acrylic acid, octyl methacrylate, butyl meth- acrylate, ethyl methacrylate, methyl methacrylate, methacrylic acid, carboxyethyl acrylate, and diallyl phthalate; and their corresponding sodium, potassium, ammonium, isopropylamine, triethylamine, monoethanolamine and/or tri- ethanolamine salts None
Vinyl acetate-vinyl alcohol-alkyl lactone copolymer None
Vinyl alcohol-disodium itaconate copolymer None
Vinyl alcohol-vinyl acetate copolymer, benzaldehyde-o-sodium sulfonate condensate None
Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-maleic acid, disodium salt-gamma-butyrolactone acetic acid, sodium salt copolymer None
Vinyl chloride-vinyl acetate copolymers None
Vinyl pyrrolidone-acrylic acid copolymer 28062–44–4
Vinyl pyrrolidone-dimethylaminoethylmethacrylate copolymer 30581–59–0
Vinyl pyrrolidone-styrene copolymer 25086–29–7
[FR Doc. 05–23667 Filed 12–6–05; 8:45 am] SUMMARY: In this document, the reply comments are due on or before BILLING CODE 6560–50–S Commission proposes rules that will March 7, 2006. permit television broadcast licensees to ADDRESSES: You may submit comments, use a distributed transmission system identified by MB Docket No. 05–312, by FEDERAL COMMUNICATIONS (‘‘DTS’’) in lieu of a single-transmitter to any of the following methods: operate their television broadcast COMMISSION • Federal eRulemaking Portal: http:// stations. The proposed rules will apply www.regulations.gov. Follow the with respect to existing authorized 47 CFR Part 73 instructions for submitting comments. facilities and to use of DTS after • [MB Docket No. 05–312; FCC 05–192] establishment of the new DTV Table of Federal Communications Allotments, which may afford stations Commission’s Web site: http:// Digital Television Distributed the opportunity to apply to maximize www.fcc.gov/cgb/ecfs/. Follow the Transmission System Technologies; instructions for submitting comments. Notice of Proposed Rulemaking their service areas after the end of our current freeze on the filing of most • People with Disabilities: Contact AGENCY: Federal Communications applications. the FCC to request reasonable Commission. accommodations (accessible format DATES: Comments for this proceeding documents, sign language interpreters, ACTION: Proposed rule. are due on or before February 6, 2006; CART, etc.) by e-mail: [email protected]
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or phone: 202–418–0530 or TTY: 202– and Order)). With this Notice of though limited, reports of the 418–0432. Proposed Rulemaking (NPRM), we now technology tested thus far. Accordingly, For detailed instructions for submitting examine the issues related to the use of in the Second DTV Periodic Report and comments and additional information DTS and propose rules for future DTS Order we approved in principle the use on the rulemaking process, see the operation. The rules we propose will of DTS technology, set forth interim SUPPLEMENTARY INFORMATION section of apply with respect to existing guidelines, and committed to undertake this document. authorized facilities and to use of DTS a rulemaking proceeding to adopt rules FOR FURTHER INFORMATION CONTACT: For after establishment of the new DTV for DTS operations. We now initiate that additional information on this Table of Allotments, which may afford rulemaking to propose rules for future proceeding, contact Evan Baranoff, stations the opportunity to apply to DTS operation, seek further comment on [email protected] of the Media maximize their service areas after our DTS operations and clarify certain Bureau, Policy Division, (202) 418– current freeze on the filing of most aspects of the interim rules established 2120. applications. In addition, we issue a in the Second DTV Periodic Report and Clarification Order, which is published Order. SUPPLEMENTARY INFORMATION: This is a elsewhere in this issue of the Federal III. Notice Of Proposed Rulemaking summary of the Commission’s Notice of Register, to clarify the interim rules Proposed Rulemaking (NPRM), FCC 05– established in the Second DTV Periodic 4. In this NPRM, we consider the 192, adopted on November 3, 2005, and Report and Order, which will continue comments received in the Second DTV released on November 4, 2005. The full to be available for stations that wish to Periodic proceeding and propose rules text of this document is available for apply to use DTS technology during the for future DTS operation. Specifically, public inspection and copying during pendency of this rulemaking we propose to permit DTV station regular business hours in the FCC proceeding. licensees and permittees to use DTS Reference Center, Federal technologies where feasible in place of Communications Commission, 445 12th II. Background a single transmitter to provide service as Street, SW., CY–A257, Washington DC, 2. In the Second DTV Periodic NPRM authorized. Requests for DTS operation 20554. These documents will also be in MB Docket No. 03–15, we sought and any associated issues may be available via ECFS (http://www.fcc.gov/ comment on whether we should permit addressed under our interim policy cgb/ecfs/). (Documents will be available DTV stations to use DTS technologies. until this rulemaking is completed and electronically in ASCII, Word 97, and/ (See Second Periodic Review of the we have implemented the necessary or Adobe Acrobat.) The complete text Commission’s Rules and Policies revisions to our processing software. may be purchased from the Affecting the Conversion to Digital Requests for DTS operation that would Commission’s copy contractor, 445 12th Television, MB Docket No. 03–15, 68 FR involve an extension of authorized Street, SW., Room CY–B402, 7737, February 18, 2003, (Second DTV coverage will not be accepted until the Washington, DC 20554. To request this Periodic NPRM).). A DTV distributed freeze is lifted. For purposes of this document in accessible formats transmission system would employ discussion, we anticipate that most (computer diskettes, large print, audio multiple synchronized transmitters stations would focus on DTS operations recording, and Braille), send an e-mail spread around a station’s service area. that would be employed after we lift our to [email protected] or call the Each transmitter would broadcast the current freeze on the filing of most Commission’s Consumer and station’s DTV signal on the same applications, which was imposed until Governmental Affairs Bureau at (202) channel, relying on the performance of we complete the new DTV Table of 418–0530 (voice), (202) 418–0432 ‘‘adaptive equalizer’’ circuitry in DTV Allotments. The Second DTV Periodic (TTY). receivers to cancel or combine the Report and Order imposed this freeze to Initial Paperwork Reduction Act of multiple signals plus any reflected limit expansion of coverage that would 1995 Analysis signals to produce a single signal. Such interfere with maintaining a stable distributed transmitters could be database throughout the channel This NPRM has been analyzed with considered to be similar to analog TV election and allotment process. respect to the Paperwork Reduction Act booster stations, a secondary, low power A. Comments Received in the Second of 1995 (PRA) and contains modified service used to fill in unserved areas in DTV Periodic Review information collection requirements. the parent station’s coverage area, but These modified requirements of FCC DTV technology has the ability to enable 5. The rules and policies we propose Forms 301 and 302–DTV will be this type of operation in a much more in this NPRM are premised, in part, on published in a separate Federal Register efficient manner. For analog TV the comments submitted in response to notice. boosters, in contrast to DTV DTS the Second DTV Periodic NPRM. Summary of the Notice of Proposed operation, significant self-interference Although not affording an adequate Rulemaking will occur unless there is substantial basis on which to adopt final rules, the terrain blocking the arrival of multiple record in the Second DTV Periodic I. Introduction signals into the same area (for example, proceeding suggests many potential 1. In the Second DTV Periodic Report interference will occur if one signal benefits of DTS, such as uniform signal and Order, we approved in principle the arrives from the primary analog station levels throughout a licensee’s service use of distributed transmission system directly and a second signal arrives from area, the ability to operate at reduced (DTS) technologies but deferred to a a booster station). power to achieve the same coverage, a separate proceeding the development of 3. We received 18 comments in the reduced likelihood of causing rules for DTS operation and the Second DTV Periodic Report and Order interference to neighboring licensees, an examination of several policy issues relating to the use of DTS, with the ability to overcome terrain limitations, related to its use. (See Second Periodic parties generally supporting use of this and more reliable indoor reception. Review of the Commission’s Rules and technology. We agreed with the Merrill Weiss Group (MWG), the Policies Affecting the Conversion to generally supportive comments that principal proponent of DTS, cited DTS’ Digital Television, 69 FR 59500, October DTS technology offers potential benefits potential for improving spectrum 4, 2004, (Second DTV Periodic Report to the public and noted the encouraging, efficiency by enabling increased levels
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of service while maintaining or reducing advance the DTV transition. We also may have been stymied by tower height the levels of interference. MWG has seek comment on the impact of allowing and placement limits associated with patent interests in the technology the use of DTS technologies. How will aeronautical safety or local zoning contained in the Transmitter DTS work with all DTV receivers, concerns. DTS techniques are expected Synchronization Standard recently including small or inexpensive digital to enable increased levels of service approved by the ATSC. MWG has televisions and the digital-to-analog while at the same time maintaining or committed to the ATSC to license its converters many viewers will have for reducing the levels of interference. DTS technology under reasonable terms and their analog-only televisions? Will offers an opportunity to licensees to conditions without unfair consumers, cable headends and satellite provide better service within their discrimination to all parties that local receive facilities need additional coverage area, while minimizing the demonstrate financial resources to meet equipment to ensure reliable and high preclusive impact on existing and future their obligations. MWG also indicated quality reception as compared with the surrounding stations. that urban area service can be improved equipment associated with reception of 10. Primary status for DTS by DTS transmitting antennas being a single transmitter station’s signal? Will transmitters is needed to protect this closer to receivers so that higher signal DTS operation impact the service increased service. Without primary levels are made available from multiple provided by traditional single- status, stations would be encouraged to directions, which can enable reception transmitter stations? What, if any, is the use the less efficient conventional with set-top antennas instead of roof- burden on local communities in means (i.e., increased power) to expand mounted antennas. MWG claimed that permitting DTS operation? Will DTS their service or would not enhance their DTS will often use shorter towers that operation require the erection of service at all. If we require a station to may avoid zoning problems and that multiple telecommunications towers give up primary status to any significant they can be located to overcome rather than collocation on existing portion of its potential service obstacles of rough terrain in some towers? How will the timing of the population in order to implement DTS, markets and urban canyons in others. build-out of digital service be affected we believe that few, if any stations Finally, MWG suggested that DTS by DTS? How will DTS affect the costs would opt for this technology. In transmitters can help make a staged experienced by licensees? How will granting primary status, we propose to rollout of maximized service possible. DTS technology impact small business license such DTS transmitters under 47 In joint comments, the Association for broadcasters? CFR part 73 of the rules. We seek Maximum Service Television (MSTV) comment on the anticipated benefits of B. Regulatory Status and the National Association of DTS and our tentative conclusion to Broadcasters (NAB) supported quick 8. In the Second DTV Periodic NPRM, provide primary status within a Commission action to allow DTS. we asked whether DTS facilities should licensee’s service area, as described 6. Others specifically supported have primary or secondary regulatory below. We intend to use application MWG, including Axcera, a manufacturer status. We propose to afford primary filing and processing procedures similar of transmitters and related equipment, regulatory status to the multiple to the current procedures. We seek WPSX/Penn State Public Broadcasting transmitters used in DTS within the comment on these rules and procedures. (WPSX/Penn State), which has an areas that such DTS transmitters are C. Location and Service Area experimental authorization to test authorized to serve. The record in MB distributed transmission technology, Docket 03–15 supports the grant of 11. Licensees that opt to use DTS in and Tribune Broadcasting Company primary status to DTS transmitters used lieu of the traditional single transmitter (Tribune) and Golden Orange to serve a DTV station’s authorized should be allowed to apply for facilities Broadcasting (Golden Orange), TV service area. MWG, among others, urges to serve an area generally comparable to licensees that face specific situations that primary status should be afforded the area they could cover with a single where they may want to use DTS to achieve at least the same maximized transmitter. We believe we should technology. Others, such as coverage that a DTV station would be balance the primary coverage rights transmission equipment manufacturer able to achieve from a single transmitter between stations choosing to employ Harris Corporation (Harris) and Siete and that DTS stations should not be DTS and those choosing not to do so. In Grande Television, Inc. (Siete Grande), required to protect secondary low power general, we do not believe that stations which operates four analog channel 7 TV and TV translator stations within employing DTS technology should be transmitters covering different parts of whatever allowable coverage area the afforded dramatically expanded primary Puerto Rico, also supported allowing Commission establishes. coverage rights. Such special treatment DTS. Ronald Brey (Brey), a TV 9. Based on the comments received is not necessary to implement DTS consumer, and Thomas C. Smith thus far, we believe DTS would service. Accordingly, we propose to (Smith), a TV broadcast technician, each facilitate the digital transition, and we limit the area that a station can serve expressed concern that not enough is agree with commenters that primary from its DTS operation to the equivalent known about the performance of DTS status within a licensee’s service area is of the area it could serve using a single- technology and that increased essential to obtain the benefits of transmitter. interference could be caused. spectrum efficiency offered by DTS 12. MWG offered two alternative 7. As noted in the Second DTV techniques. The anticipated benefits approaches to this issue in its comments Periodic Report and Order, the record include reaching populations that in MB Docket 03–15. One approach did not provide information on the would not otherwise be served by would allow DTS transmitters and the practical operation of DTS technology. conventional means. A station would be service they provide to be located Consequently, we seek additional able to design its arrangement of DTS anywhere within the designated market comment here on the use of DTS transmitters so that it reaches populated area (DMA) in which the station is technologies, as well as on the asserted areas that have been obstructed by located. This ‘‘DMA approach’’ would benefits of this technology. Specifically, terrain or buildings from prior direct allow broadcasters to expand their DTS we seek comment on how DTS reception of its signal. It could also service to cover their DMA limited only operation will serve the public interest provide a potentially viable alternative by the requirement that they do not and on how such operation will to stations whose single-tower proposals cause unacceptable interference to
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another licensee. The other approach supports MWG’s ‘‘DMA contour’’ transmitter. Instead of either MWG offered by MWG would allow DTS approach where the DMA extends approach, we believe the service areas transmitters to be located within a beyond a station’s predicted Grade B of DTS and single-transmitter licensees station’s ‘‘theoretically maximized DTV service area. should be treated as comparably as service contour.’’ MWG describes the 14. Other commenters propose a less feasible. Consistent with this principle, ‘‘theoretically maximized DTV service expansive approach. Harris we propose a ‘‘table of distances’’ below contour’’ as being based at the station’s recommends that DTS transmitters be that we believe is comparable to a DTV allotment reference coordinates, located within their station’s DTV theoretically maximized DTV service with the coverage contour extended to service contour and not extend service contour. To the extent that MWG’s correspond to the coverage that would outside that contour. Axcera suggests suggested approaches seek an expansion be achieved if the station were that DTS transmitters be allowed to of service areas beyond what would be authorized at the maximum effective serve beyond a station’s authorized permitted under our rules, we radiated power and antenna height coverage area as long as the station does tentatively reject them. We seek specified in the Commission rules. In not increase the interference contour comment on these tentative addition, MWG suggests that a station from a real or theoretical single conclusions. with an authorization at a transmitter transmitter system that would otherwise 17. Accordingly, we propose to permit location different from the DTV be permitted. Siete Grande suggests stations to utilize DTS to provide allotment reference coordinates should limits like the analog operation it is service over the same area that they are be allowed to locate its DTS transmitters authorized in Puerto Rico where each authorized to serve with a single transmitter’s proposed Grade B service within the combination of the transmitter. To that end, and to afford contour is contained within the licensed authorized coverage contour and the stations an opportunity to provide main station predicted Grade B coverage ‘‘theoretically maximized DTV service service using DTS over an area contour.’’ This ‘‘maximized DTV contour. 15. We are troubled by the comparable to the area they would be contour’’ approach would also allow a authorized to serve using a single DTS transmitter to extend service. In implications of allowing significantly greater coverage for DTS than the transmitter, we propose to require DTS MWG’s proposal, if a station is allowed coverage to be confined within a circle a DTS transmitter site that is 60 miles coverage that can be achieved by a traditional single-transmitter station. We from a station’s reference coordinates from its reference site, the service from based on the DTV service field strengths that DTS transmitter could extend to a do not believe it is appropriate to expand significantly the coverage rights specified in 47 CFR 73.622(e) of our distance 50 percent farther, (90 miles for rules and the maximum power and this example) from the allotment of some stations by allowing DTS operation anywhere within a station’s antenna height restrictions specified in reference point. (See 47 CFR DMA. Many DMAs cover extensive 47 CFR 73.622(f). Also, zones are 73.215(b)(2)(i): ‘‘For vacant allotments, areas and the DMA approach could defined in 47 CFR 73.609. Zone 1 is contours are based on the presumed use, allow some stations to provide service generally the more heavily populated at the allotment’s reference point, of the into communities 100 or more miles states in the northeast U.S. (extending maximum ERP that could be authorized away from their current station location. west to the Mississippi River and south for the station class of the allotment, Such service could be inconsistent with to include Norfolk and Richmond, VA, and antenna HAAT in the directions of our traditional focus on localism. If while excluding northern sections of concern that would result from a non- stations were allowed to extend their Wisconsin, Michigan, New York, directional antenna mounted at a service areas through DTS operations, Vermont, New Hampshire and Maine). standard eight-radial antenna HAAT those extended services could conflict This approach is based on a set of equal to the reference HAAT for the with exclusive territories based on distances from stations’ reference points station class of the allotment.’’). In contractual arrangements. Such that reflect DTV stations’ potential support of both of its proffered expansion, particularly throughout a maximized facilities, generally allowing alternatives that would permit greater geographically large DMA, would stations using DTS to achieve the primary coverage, MWG contends that subvert our current licensing rules by coverage that would be achieved if the station service contours are less allowing a station to obtain the rights to station were authorized at the maximum important in DTV than in analog TV, serve a new community where a new effective radiated power and antenna being used only to define the area where station might otherwise be licensed. height specified in the Commission’s interference analysis is conducted. (See 47 CFR 73.623(h).) Disallowing rules. (See 47 CFR 73.622). We believe MWG claims that using any currently such expansion is consistent with the using this limited set of distances specified contour would be entirely too statutory requirement to award new instead of individual calculation of the limiting in the placement and service of licenses through competitive bidding theoretically maximized DTV service DTS transmitters, noting that (auctions), as appropriate. (See 47 contours as suggested by MWG will maximization of service is a DTV U.S.C. 309(j).) Such expansions may simplify determinations of allowable objective. MWG argues that, at the very also reduce the availability of channels DTS coverage areas and will offer equal least, DTV facilities should be able to be for new stations and thereby similarly treatment of similarly situated stations. maximized to the same extent whether reduce opportunities for new stations in The approaches for DTS that we are a single transmitter or DTS is used. a manner inconsistent with our TV considering and offering for comment 13. Other commenters in MB Docket channel allotment and licensing are intended for use with respect to 03–15 support various aspects of MWG policies. We thus tentatively reject currently authorized facilities that suggested approaches. Tribune agrees MWG’s DMA approach. licensees have certified in the channel with the alternative suggested by MWG 16. Similarly, we do not believe it is election process and for future facilities that primary DTS transmitters should be appropriate to allow stations with DTS changes that may be authorized after the allowed within a theoretically operations to extend coverage by an freeze is lifted and new applications are maximized DTV service contour. For additional 50 percent beyond the filed. No station is automatically restrictions on both DTS transmitter distance that a station would be allowed entitled to use the areas described by location and coverage, Golden Orange to cover if it operated from a single the parameters set forth in this chart to
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provide DTS. Rather, DTS stations, like transmitter station is and would be able or exceed a station’s currently single-transmitter stations, can apply to to apply for. authorized coverage contour, including use these areas to request authorization 18. We propose the following table of the contour within which the station to maximize after the freeze is lifted. distances. As explained below, the certified it will provide service at the The circles described by the chart are distances represent circles within which end of the transition. The rule proposed the maximum DTS stations can apply all DTS station coverage contours must will provide for those exceptional for, and are derived from the maximum be contained. In the vast majority of situations in which this is not the case. height and power that a single- cases, the appropriate circle will equal
Zone (see 47 F(50,90) field Channel CFR 73.609) strength ERP at HAAT Distance
2–6 ...... 1 ...... 28 dBu ...... 10 kW at 305 m ...... 108 km. (67 mi.). 2–6 ...... 2 and 3 ...... 28 dBu ...... 10 kW at 610 m ...... 128 km. (80 mi.). 7–13 ...... 1 ...... 36 dBu ...... 30 kW at 305 m ...... 101 km. (63 mi.). 7–13 ...... 2 and 3 ...... 36 dBu ...... 30 kW at 610 m ...... 123 km. (77 mi.). 14–69 ...... 1, 2 and 3 ...... 41 dBu ...... 1000 kW at 365 m ..... 103 km. (64 mi.).
We propose to use a reference point degrees. Coverage contours of stations populations within their service area for each DTV station that is based on its using non-directional transmitting over others, a practice sometimes certification in the post-transition DTV antennas will be circular except where referred to as ‘‘cherry-picking.’’ We channel election process that was the surrounding terrain has a different propose to maintain the protections detailed in the Second DTV Periodic average height in different directions. against cherry-picking that we adopted Report and Order. We seek comment on For example, if the average terrain to the in the Interim Rules and continue to whether a different reference point North is 500 feet above mean sea level require that licensees using DTS should be used, for example based on a and the average terrain to the South is technology provide, at a minimum, station’s initial DTV allotment or the 1000 feet above mean sea level, the essentially the same level of service they allotment established in its individual coverage contour will extend further to would using their single-transmitter DTV channel change rule making. We the north than it does to the south. facilities. We recognize that some note that some stations may desire a Where coverage does not reach as far difference in coverage between different reference point and request due to terrain in one direction, a station conventional and DTS operations may comment on what process could be used would have a correspondingly larger be unavoidable, but we intend to keep to change reference points without coverage distance in other directions. In circumventing the limits created by the these cases, stations’ single-transmitters this concern and public service proposed distance table. We seek may be authorized to serve people obligation in mind when we review comment on these proposals and outside of the circular coverage contour applications to use DTS technology. We conclusions. because the average terrain calculation seek comment on how best to account 19. In parts of the country where the has allowed the station to be authorized for these differences while maintaining terrain is uniform, the proposed ‘‘table for a larger coverage contour in one that DTS systems comply with the of distances’’ illustrates the area that a direction (one that would not have been requirement to serve essentially the station could serve if it operated a reached if there was no terrain issue). In same population as conventional single-transmitter at maximum power these circumstances, stations would be systems. At a minimum, we propose and height allowed by our current rules. authorized to provide DTV service that we would deny any application to Reliance on this table can facilitate within their authorized coverage area. construct DTS facilities that would licensees’ use of DTS by eliminating the We seek comment on this. result in loss of service to the need for a two-step process: First 21. We seek comment on the population currently served within the calculating the antenna height necessary usefulness of this Table and the validity licensee’s service contour. We note that, to match the maximum allowed average of the underlying assumptions. We also under our interim policy, we now antenna height and power for a single seek comment on the effect of such consider this issue on a case-by-case transmitter and then calculating the assumptions on the scope and range of basis to determine if the DTS operator distances to the service contour in every the service area and populations to be would serve ‘‘essentially all of its direction based on the antenna height served by stations that use DTS. Would replication coverage area,’’ which would above the terrain in that direction. this inadvertently result in significantly include all viewers within the station’s Because most stations are not in areas expanded areas of service beyond what replicated service area who are where variations in the terrain result in our current maximization rules predicted to be served by the station’s significant variations in the coverage contemplate? Or would the result be current analog transmitter. We expect dependent on which direction from the more effective service over the typical that these viewers would be predicted to transmitter is being considered, the potential area? We seek comment on table shows the distance most stations alternative ways to determine the receive the minimally necessary signal could serve if they operated a single- service areas appropriate for DTS strength (based on the FCC curves transmitter at maximum power and operation, as well as alternate methods F(50,90) propagation model) from at height allowed by our current rules. to determine or limit incidental least one DTS transmitter. We seek 20. We also propose to use the table expansion of service areas. comment on this approach, but also ask of distances in areas in which irregular 22. Finally, as we noted in the Interim whether a more objective standard can terrain is an issue. In such locations, Rules adopted in the Second DTV be used to prevent cherry-picking while single-transmitter stations’ maximum Periodic Report and Order, we are allowing for differences in technologies. service areas are distorted from a concerned that DTS operators not use circular coverage contour to varying DTS technology to favor some
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D. Power, Antenna Height and Emission TV stations. For example, the normal CP transmitters. MWG suggested that Mask expiration dates will apply. (See 47 CFR distributed transmitters should be 23. We received several comments in 73.624(d) and 73.3598.) We seek subject to the same interference MB Docket 03–15 concerning power, comment on this approach and on how calculations as for single-transmitter antenna height and other operational to provide licensees and permittees with stations, except that, first, the service standards of DTS transmitters. MWG flexibility to serve viewers as quickly as provided by a DTS operation would suggested that for these parameters, the possible but without the risk of include each location predicted to be existing rules for DTV stations can be commencing service in one area while served by at least one of the DTS applied to distributed transmitters with delaying service to another area transmitters, and second, the containing fewer or less affluent viewers interference effect on each protected little or no modification. MWG (i.e., cherry-picking). Under our station should be the accumulated effect described distributed transmitters as proposal, licensees will request of all of the distributed transmitters in being inherently limited by the need to authority to construct DTS facilities by the network. MWG contends that this meet interference requirements with filing a single application that includes approach is necessary to avoid double respect to neighboring stations. Thus, either a main transmitter and one or counting of the interference caused or MWG concluded there was no reason to more additional transmitters that will received. MWG argued that the single- impose different limits on the maximum collectively use the DTS technology, or transmitter standards for de minimis power and antenna height for each two or more smaller DTS transmitters. interference should apply to the overall distributed transmitter than the limits For example: 47 CFR 73.1690(b) service and interference. MWG noted specified in 47 CFR 73.622(f)(5) for requires a construction permit be that allotment of adjacent channels in single transmitter DTV stations. MWG granted before a new tower structure is the same area can preclude DTS use, also stated that the relative powers of built for broadcast purposes, or a especially in the case of analog TV distributed transmitters in a network station’s geographic coordinates are stations within four channels above or must be carefully chosen to optimize the changed or effective radiated power is below the intended DTS channel. MWG service the network provides and increased; 47 CFR 73.3533 requires that asserted that the Commission’s should not be unnecessarily a Form 301 be used by commercial interference analysis software can be constrained. MWG also argued there is broadcast stations seeking a extended to account for DTS stations no reason to impose different emission construction permit and Form 340 be without requiring a major overhaul of mask requirements on distributed used by noncommercial educational the program. MWG said the distributed transmitters than those imposed on broadcast stations; 47 CFR 73.3572 transmitters would have to be linked in single DTV transmitters. Siete Grande describes the processing of TV broadcast the Commission database so the suggested that each distributed station applications; and 47 CFR software could consider the service and transmitter should meet the 73.3598 specifies the period of interference effects of all the requirements that apply to single main construction (but 47 CFR 73.624(d) transmitters of a DTS station as a single transmitters, including maximum specifies DTV build-out dates). A composite service area or interference operating power and compliance with licensee may add to its DTS network of source. Finally, MWG suggested that for radio frequency exposure guidelines transmitters using a minor change purposes of analyzing interference from and other environmental rules. WPXS/ application for a construction permit to its neighbors, internal interference Penn State supports the positions and change a licensed DTV facility, or for a between DTS transmitters in a single proposed rules submitted by MWG. modified construction permit to change system should be ignored. 24. For each distributed transmitter in a DTV facility authorized by a 27. We seek comment on these issues. a DTS system, we propose to apply the construction permit. Such applications In particular, we seek comment on existing Part 73 DTV effective radiated will be processed in accordance with whether to calculate interference based power, antenna height and emission our processing rules and guidelines. on each DTS transmitter individually, as mask rules applicable to single- However, at least one of a licensee’s proposed by MWG, or based more transmitter DTV stations. Specifically, DTS transmitters must provide coverage conservatively on the combined signals we believe there will be no adverse of the station’s community of license in of all the DTS transmitters. In either impact on other stations if we require accordance with 47 CFR 73.625 of our case, the cumulative population that each transmitter in a DTS system rules. We request specific comment on predicted to lose service due to conform to the maximum power and whether service in the principal interference from all DTS transmitters emission mask requirements applicable community can be relied upon if it is would be used to determine compliance to single-transmitter DTV stations. This provided from multiple transmitters with the same de minimis interference approach should offer DTS stations (where the interaction between the standard as used for single-transmitter flexibility in designing their system to signals from the different transmitters stations. We do not believe that there is maximize DTV service while limiting may make reception difficult or a significant difference between the two their potential interference in light of impossible in some part of the approaches, but seek comment on this the service area limitations and overlapping coverage areas). We seek point. interference protection requirements comment on our proposals. We also 28. We seek comment concerning proposed in this NPRM. seek comment on whether additional or ongoing experimental operations that might help us develop a more E. Licensing Issues different restrictions would be appropriate for DTS transmitters. appropriate mechanism for considering 25. We propose that DTS transmitters the interference caused or received by a will not be separately licensed, but will F. Interference Protection DTS operation. We note that the timing be part of a linked group that will be 26. We received several comments in of introducing regular DTS service will covered by one construction permit and MB Docket No. 03–15 concerning the depend on completing this rule making license. Unless otherwise indicated, we standards needed to protect DTS and making necessary modifications to propose to apply the current operations from interference and the our application processing software. As requirements and processes for DTV standards needed to protect other we approach the end of the transition, stations, or, where appropriate, analog stations from interference from DTS the key interference considerations will
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become DTV to DTV, which relieves itself. However ATSC standard A/110A, H. Class A, Low Power, Translator and concerns expressed by MWG that § 1.2 of the Commission’s rules advised Booster Television Stations potential interference to adjacent that ‘‘* * *, while Distributed 32. In the proceeding that established channel NTSC stations may make DTS Transmission holds the potential to the Class A television service, the unusable in some areas. greatly improve the coverage and Commission required certain proposals G. Technical Standards service areas of DTV transmission, it for new or modified DTV service to also holds the potential to cause protect Class A and digital Class A TV 29. We received several comments in interference within the network that service (e.g., application proposals for MB Docket 03–15 concerning the some receivers, particularly early DTV service maximization filed after technical standards to be used for the designs, may not be able to handle. May 1, 2000) (Establishment of a Class synchronization of multiple DTV transmitters. At the time of those Consequently, Distributed Transmission A Television Service, 65 FR 29985–01, comments, the Advanced Television Networks must be carefully designed to paragraph 72 (May 10, 2000), on recon, Systems Committee (ATSC) was minimize the burden placed on the 66 FR 21681, May 1, 2001 and 47 CFR developing a new standard for such adaptive equalizers in such legacy 73.623(c)(5)). Full-service licensees synchronization. (See ATSC A/110A, receivers while maximizing the wishing to use DTS technology must Synchronization Standard for improvement in signals delivered to the protect Class A stations to the same Distributed Transmission (July 19, public. The impact on any specific extent as stations using a single 2005). ATSC standards are available at receiver will depend upon the receiver’s transmitter. www.atsc.org/standards.html). location, the use of directional antennas, 33. We propose to permit Class A TV According to an ATSC press release, and other factors related to the design of licensees to use DTS technologies to ‘‘The new standard defines the the receiver.’’ At the same time, the operate a single frequency network of a mechanisms for synchronization of interference effect on other stations group of commonly owned digital Class A stations that carry common locally transmitters emitting 8–VSB signals in would not be affected by the produced programming within the accordance with the ATSC DTV synchronization or lack of market area served by the station group. Standard (A/53C). It also provides for synchronization of the DTS transmitters The market area for locally produced adjustment of transmitter timing and in accordance with the standard. It is other characteristics through additional programming of a digital Class A station clearly in the DTS station’s self-interest is the area within the station’s predicted information carried within the specified to minimize its internal interference. We packet structure.’’ ATSC indicated that DTV noise-limited contour, as defined encourage stations that are using DTS in § 73.622(e) of the Commission’s rules, transmissions pursuant to the then technology to provide us with data on candidate standard comply fully with based on the station’s authorized the performance of the technology and facilities (Amendment of Parts 73 and the ATSC A/53 standard that the the extent to which internal interference Commission has mandated for DTV 74 of the Commission’s Rules to is minimized. stations, so use of the then candidate Establish Rules for Digital Low Power standard would not require Commission 31. We note that stations must comply Television, Television Translator, and action. MWG also stated that the with the ATSC standards for digital Television Booster Stations and to technical standard for distributed television. We do not intend to require Amend Rules for Digital Class A transmitters should be the same as for compliance with a particular Television Stations, 69 FR 69325, single transmitters and that it was synchronization standard, provided that November 29, 2004 (Digital LPTV unnecessary to add additional technical the synchronization technology used is Report and Order)). With respect to a requirements unrelated to providing effective and otherwise consistent with group of commonly owned stations, interference protection to neighboring our rules (47 CFR 73.682(d); ATSC A/ digital Class A stations whose predicted stations. MWG suggested that the 53B, Standard: Digital Television noise-limited contours are physically internal workings of DTS should follow Standard, Revision B with Amendments contiguous to each other comprise the the standard that was then in the ATSC 1 and 2 (May 19, 2003)). We propose to market area for locally produced approval process, and would not require avoid requiring licensees to use a programming (47 CFR 73.6000(2)). In Commission rules. MWG further particular synchronization approach conventional arrangements of commonly owned stations, the indicated that the Commission should that would necessarily require use of a individual stations generally operate on limit its restrictions on DTS operation patented technology. We note that MWG different TV channels in order to avoid so that necessary adjustments can be has patent interests in the technology interference to reception. Use of a made without the need for amending contained in the Synchronization Commission rules or modifying station common channel in a Class A station Standard for Distributed Transmission authorizations. group using DTS technology would 30. We note that ATSC has approved document that has been approved by the promote spectrum efficiency and might standard A/110A, titled ATSC. What is the likely effect of such also provide an alternative for licensees ‘‘Synchronization Standard for patents on potential users of DTS whose stations face channel Distributed Transmission.’’ As technology? Would such patent interests displacement. Under this proposal, in consistently suggested by comments, at adversely affect licensees’ use of the most respects, the operation of the Class this early stage in the introduction of proposed DTS service? Does the A stations in such DTS networks would this technology, we do not believe it is Commission need to take steps to ensure be the same as their operation as stand- necessary or appropriate to propose to that licenses to MWG’s technology and alone digital stations (e.g., protected mandate compliance with this, or any any other patented technology that service area and permitted effective other, synchronization standard. might be developed to implement DTS radiated power). As a significant Operation that is consistent with the are offered on a reasonable and difference, these stations would be current standard or other future nondiscriminatory basis? Are there interconnected and operate on a appropriate technologies will likely other means of using DTS that would common TV channel. Thus, these minimize the internal interference that not necessitate obtaining a license for stations would be authorized with the a station effectively would be causing to patented technology or equipment? same ‘‘primary’’ regulatory status
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accorded stand-alone digital Class A broadcasters to serve terrain-shadowed present Initial Regulatory Flexibility stations. We seek comment on this portions of their service areas, in the Analysis (IRFA) concerning the possible proposal. manner of analog boosters. To what significant economic impact on small 34. More generally, we seek comment extent does our allowance in the digital entities by the policies and rules on whether to permit a Class A or LPTV LPTV proceeding for on-channel digital proposed in this Notice of Proposed licensee or permittee to use DTS TV translators reduce the need for Rulemaking (NPRM). Written public technology to operate single frequency digital boosters? The regulation of on- comments are requested on this IRFA. networks within the protected contour channel digital translator stations differs Comments must be identified as of its authorized station. We note that in several respects from that of analog responses to the IRFA and must be filed the service area of a Class A or LPTV booster stations. Unlike on-channel by the deadlines for comments provided station is typically much smaller than digital translators, analog boosters are in Section V.D. of the NPRM. The that of a DTV broadcast station and, licensed only to TV broadcast licensees Commission will send a copy of the thus, Class A and low power licensees and permittees, must be located inside NPRM, including this IRFA, to the Chief may have less need for distributed the station’s protected contour (analog Counsel for Advocacy of the Small stations. Yet, there may be situations in Grade B contour), and the predicted Business Administration (SBA). In which licensees could benefit from use service contour of the booster may not addition, the NPRM and IRFA (or of DTS technology (e.g., the ability to extend beyond that of the signal being summaries thereof) will be published in overcome terrain limitations or for retransmitted. Applications for analog the Federal Register. purposes of interference avoidance). booster stations may be filed at any 35. To the extent, if any, that we were B. Need for and Objectives of the time; applications for on-channel digital Proposed Rules to permit use of DTS technology in the TV translators must be filed under the Class A and LPTV services, we seek procedures for new digital stations in 39. The NPRM proposes rules that comment on appropriate rules to govern the LPTV service. will permit television broadcast the authorization and operation of such 37. In addition, MWG suggests that licensees to use a distributed service. How should we determine DTS technology can effectively replace transmission system (DTS) in lieu of a permissible transmitter locations in networks of translators using the single-transmitter to operate their such DTS systems and protected service primary station channel and a single television broadcast stations. The areas? For example, we envision that the additional channel as part of the proposed rules will apply with respect protected area of a DTS network of a translator license. An example of such to existing authorized facilities and to group of commonly owned Class A a two-channel scenario would start with use of DTS after establishment of the stations would be the combined area of a station transmitting from a main tower new DTV Table of Allotments, which the protected signal contours of the site on its original channel, providing may afford stations the opportunity to stations comprising the group. Should adequate reception to a distance of apply to maximize their service areas we apply the power and emission limits about 30 miles. Communities at the edge after the end of our current freeze on the that now govern digital LPTV and Class of that service range would receive a filing of most applications. (A DTV A stations? We would be inclined to use stronger, more reliable signal from distributed transmission system would the general approach for interference transmitters located near those employ multiple synchronized analysis that we would adopt for DTS in communities using the additional transmitters spread around a station’s the DTV service (i.e., interference channel that would not have an service area. Each transmitter would predictions based on individual interference interaction with the broadcast the station’s DTV signal on transmitters or aggregation of the original channel. Communities 40 miles the same channel, relying on the transmitters in the system), using the from the main tower site might be at the performance of ‘‘adaptive equalizer’’ desired-to-undesired (‘‘D/U’’) signal edge of service from the transmitters circuitry in DTV receivers to cancel or strength ratios and other prediction using the additional channel, but could combine the multiple signals plus any criteria applicable to digital Class A and be served by more transmitters using the reflected signals to produce a single LPTV stations (e.g., 47 CFR 73.6010, original channel with less chance of signal.) 73.6016, 73.6017, 73.6018, 73.6019 and interference. In such cases, MWG urges 73.6022). C. Legal Basis that the operation on the additional 36. We also seek comment on the 40. The authority for the action (relay) channel should also be treated as impact of our DTS proposals on the proposed in this rulemaking is primary. We do not believe that use of need for low power digital booster contained in sections 1, 4(i) and (j), the ‘‘single additional channel,’’ as stations. Will DTS transmitters, as MWG 5(c)(1), 7, 301, 302, 303, 307, 308, 309, suggested by MWG, is an essential suggests, reduce the need for such 316, 319, 324, 336, and 337 of the component of DTS service, and we stations, or is there a purpose for both Communications Act of 1934, 47 U.S.C. reject the suggestion that it be afforded types of stations (e.g., due to differences 151, 154(i) and (j), 155(c)(1), 157, 301, primary status as inconsistent with our in the costs and technical complexity of 302, 303, 307, 308, 309, 316, 319, 324, desire to avoid favoring DTS stations digital boosters and DTS stations)? In 336, and 337. the digital LPTV proceeding, we over non-DTS stations, but we note that declined to establish a digital TV for either category of DTV station, we D. Description and Estimate of the booster station class. We concurred with would permit use of an ‘‘additional Number of Small Entities to Which the commenters that ‘‘we should resolve channel’’ for a DTV translator with Proposed Rules Will Apply issues regarding distributed secondary regulatory status. a. Entities Directly Affected By transmission systems before further IV. Procedural Matters Proposed Rules. 41. The RFA directs the considering whether to authorize on- Commission to provide a description of channel digital boosters.’’ (See Digital A. Initial Regulatory Flexibility Act and, where feasible, an estimate of the LPTV Report and Order, 69 FR 69325, Analysis number of small entities that will be November 29, 2004). In so doing, we 38. As required by the Regulatory affected by the proposed rules, if noted our expectation that such stations Flexibility Act of 1980, as amended adopted. The RFA generally defines the would be primarily used by full-service (RFA) the Commission has prepared this term ‘‘small entity’’ as having the same
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meaning as the terms ‘‘small business,’’ business (control) affiliations must be b. Entities Believed To Be Not Directly small organization,’’ and ‘‘small included. Our estimate, therefore, likely Affected By Proposed Rules. 47. Because government jurisdiction.’’ In addition, overstates the number of small entities the rules proposed in this NPRM pertain the term ‘‘small business’’ has the same that might be affected by our action, only to the technology employed in meaning as the term ‘‘small business because the revenue figure on which it broadcasting, we do not believe the concern’’ under the Small Business Act. is based does not include or aggregate rules will directly affect program A small business concern is one which: revenues from affiliated companies. distribution and, therefore, we do not (1) Is independently owned and 44. In addition, an element of the believe that our proposed rules will operated; (2) is not dominant in its field definition of ‘‘small business’’ is that the directly affect cable operators or of operation; and (3) satisfies any entity not be dominant in its field of multichannel video programming additional criteria established by the operation. We are unable at this time to distributors (MVPDs), such as Direct SBA. define or quantify the criteria that Broadcast Satellite (DBS) providers, 42. The proposed rules contained in would establish whether a specific private cable operators (PCOs), also this NPRM will permit television television station is dominant in its field known as satellite master antenna broadcast licensees to use a distributed of operation. Accordingly, the estimate television (SMATV) systems, home transmission system (DTS) in lieu of a of small businesses to which rules may satellite dish (HSD) services, multipoint single-transmitter to operate their apply do not exclude any television distribution services (MDS)/ television broadcast stations. We believe station from the definition of a small multichannel multipoint distribution television broadcast licensees will be business on this basis and are therefore service (MMDS), Instructional directly affected by the proposed rules, over-inclusive to that extent. Also as Television Fixed Service (ITFS), local if adopted. We do not believe any other noted, an additional element of the multipoint distribution service (LMDS) types of entities will be directly affected definition of ‘‘small business’’ is that the and open video systems (OVS). by the proposed rules, but request entity must be independently owned Nevertheless, we seek comment on this comment on this tentative conclusion. and operated. We note that it is difficult tentative conclusion and, although such Therefore, in this IRFA, we invite at times to assess these criteria in the comment is not required by the RFA, we comment on the impact of the proposed context of media entities and our invite comment from any small cable rules on small television broadcast estimates of small businesses to which operators or small MVPDs who believe stations. A description of such small they apply may be over-inclusive to this they might be directly affected by our entities, as well as an estimate of the extent. proposed rules contained in the Notice. number of such small entities, is 45. Class A TV, LPTV, and TV provided below. translator stations. The proposed rules 48. Cable and Other Program 43. Television Broadcasting. The and policies could also apply to Distribution. Cable system operators fall proposed rules and policies could apply licensees of Class A TV stations, low within the SBA-recognized definition of to television broadcast licensees, and power television (LPTV) stations, and Cable and Other Program Distribution, potential licensees of television service. TV translator stations, as well as to which includes all such companies The SBA defines a television broadcast potential licensees in these television generating $12.5 million or less in station as a small business if such services. The same SBA definition that revenue annually. According to the station has no more than $12 million in applies to television broadcast licensees Census Bureau data for 1997, there were annual receipts. Business concerns would apply to these stations. The SBA a total of 1,311 firms that operated for included in this industry are those defines a television broadcast station as the entire year in the category of Cable ‘‘primarily engaged in broadcasting a small business if such station has no and Other Program Distribution. Of this images together with sound.’’ (This more than $12 million in annual total, 1,180 firms had annual receipts of category description continues, ‘‘These receipts. under $10 million and an additional 52 establishments operate television 46. Currently, there are approximately firms had receipts of $10 million or broadcasting studios and facilities for 598 licensed Class A stations, 2,098 more, but less than $25 million. (U.S. the programming and transmission of licensed LPTV stations, 4,491 licensed Census Bureau, 1997. Economics and programs to the public. These TV translators and 11 TV booster Statistics Administration, Bureau of establishments also produce or transmit stations. Given the nature of these Census, U.S. Department of Commerce, visual programming to affiliated services, we will presume that all of 1997 Economic Census, Subject Series— broadcast television stations, which in these licensees qualify as small entities Establishment and Firm Size, turn broadcast the programs to the under the SBA definition. We note, Information Sector 51, Table 4 at 50 public on a predetermined schedule. however, that under the SBA’s (2000). The amount of $10 million was Programming may originate in their own definition, revenue of affiliates that are used to estimate the number of small studios, from an affiliated network, or not LPTV stations should be aggregated business firms because the relevant from external sources.’’ Separate census with the LPTV station revenues in Census categories stopped at $9,999,999 categories pertain to businesses determining whether a concern is small. and began at $10,000,000. No category primarily engaged in producing Our estimate may thus overstate the for $12.5 million existed. Thus, the programming.) According to number of small entities since the number is as accurate as it is possible Commission staff review of the BIA revenue figure on which it is based does to calculate with the available Publications, Inc. Master Access not include or aggregate revenues from information.) In addition, limited Television Analyzer Database (BIA) on non-LPTV affiliated companies. We do preliminary census data for 2002 October 18, 2005, about 873 of the 1,307 not have data on revenues of TV indicates that the total number of Cable commercial television stations (or about translator or TV booster stations, but and Other Program Distribution entities 67 percent) have revenues of $12 virtually all of these entities are also increased approximately 46 percent million or less and thus qualify as small likely to have revenues of less than $12 between 1997 and 2002. (See U.S. entities under the SBA definition. We million and thus may be categorized as Census Bureau, 2002 Economic Census, note, however, that, in assessing small, except to the extent that revenues Industry Series: ‘‘Information,’’ Table 2, whether a business concern qualifies as of affiliated non-translator or booster Comparative Statistics for the United small under the above definition, entities should be considered. States (1997 NAICS Basis): 2002 and
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1997, NAICS code 513220 (issued Nov. aggregate. Based on available data, we have the financial wherewithal to 2004). The preliminary data indicate estimate that the number of cable become a DBS licensee. Nevertheless, that the number of total operators serving 677,000 subscribers or given the absence of specific data on ‘‘establishments’’ increased from 4,185 less totals approximately 1,450. The this point, we acknowledge the to 6,118. In this context, the number of Commission neither requests nor possibility that there are entrants in this establishments is a less helpful collects information on whether cable field that may not yet have generated indicator of small business prevalence system operators are affiliated with $12.5 million in annual receipts, and than is the number of ‘‘firms,’’ because entities whose gross annual revenues therefore may be categorized as a small the latter number takes into account the exceed $250 million, and therefore is business, if independently owned and concept of common ownership or unable at this time to estimate more operated. control. The more helpful 2002 census accurately the number of cable system 52. Private Cable Operators (PCOs) data on firms, including employment operators that would qualify as small also known as Satellite Master Antenna and receipts numbers, will be issued in cable operators under the size standard Television (SMATV) Systems. PCOs, late 2005.) The Commission estimates contained in the Communications Act. also known as SMATV systems or that the majority of providers in this 51. Direct Broadcast Satellite (DBS) private communication operators, are category of Cable and Other Program Service. DBS service is a nationally video distribution facilities that use Distribution are small businesses. distributed subscription service that closed transmission paths without using 49. Cable System Operators (Rate delivers video and audio programming any public right-of-way. PCOs acquire video programming and distribute it via Regulation Standard). The Commission via satellite to a small parabolic ‘‘dish’’ has developed, with SBA’s approval, its terrestrial wiring in urban and suburban antenna at the subscriber’s location. own definition of a small cable system multiple dwelling units such as Because DBS provides subscription operator for the purposes of rate apartments and condominiums, and services, DBS falls within the SBA- regulation. Under the Commission’s commercial multiple tenant units such recognized definition of Cable and rules, a ‘‘small cable company’’ is one as hotels and office buildings. The SBA Other Program Distribution. This serving 400,000 or fewer subscribers definition of small entities for Cable and definition provides that a small entity is nationwide. (See 47 CFR 76.901(e). The Other Program Distribution Services one with $12.5 million or less in annual Commission developed this definition includes PCOs and, thus, small entities receipts. Currently, only four operators based on its determinations that a small are defined as all such companies hold licenses to provide DBS service, cable system operator is one with generating $12.5 million or less in annual revenues of $100 million or less. which requires a great investment of annual receipts. Currently, there are For ‘‘regulatory simplicity,’’ the capital for operation. All four currently approximately 135 members in the Commission established the company offer subscription services. Two of these Independent Multi-Family size standard in terms of subscribers, four DBS operators, DirecTV and Communications Council (IMCC), the rather than dollars; in the cable context, EchoStar Communications Corporation trade association that represents PCOs. $100 million in annual regulated (EchoStar), report annual revenues that Individual PCOs often serve revenues equates to approximately are in excess of the threshold for a small approximately 3,000–4,000 subscribers, 400,000 subscribers.) We last estimated business. A third operator, Rainbow but the larger operations serve as many that there were 1,439 cable operators DBS, is a subsidiary of Cablevision’s as 15,000–55,000 subscribers. In total, that qualified as small cable companies Rainbow Network, which also reports PCOs currently serve approximately 1.1 at the end of 1995. Since then, some of annual revenues in excess of $12.5 million subscribers. Because these those companies may have grown to million, and thus does not qualify as a operators are not rate regulated, they are serve more than 400,000 subscribers, small business. DirecTV is the largest not required to file financial data with and others may have been involved in DBS operator and the second largest the Commission. Furthermore, we are transactions that caused them to be MVPD, serving an estimated 13.04 not aware of any privately published combined with other cable operators. million subscribers nationwide. financial information regarding these Consequently, we estimate that there are EchoStar, which provides service under operators. Based on the estimated fewer than 1,439 small entity cable the brand name Dish Network, is the number of operators and the estimated system operators that may be affected by second largest DBS operator and the number of units served by the largest the proposals contained in this NPRM. fourth largest MVPD, serving an ten PCOs, we believe that a substantial 50. Cable System Operators (Telecom estimated 10.12 million subscribers number of PCO qualify as small entities. Act Standard). The Communications nationwide. Rainbow DBS, which 53. Home Satellite Dish (HSD) Act of 1934, as amended, also contains provides service under the brand name Service. Because HSD provides a size standard for a ‘‘small cable VOOM, reported an estimated 25,000 subscription services, HSD falls within operator,’’ which is ‘‘a cable operator subscribers. The fourth DBS operator, the SBA-recognized definition of Cable that, directly or through an affiliate, Dominion Video Satellite, Inc. and Other Program Distribution, which serves in the aggregate fewer than one (Dominion), offers religious (Christian) includes all such companies generating percent of all subscribers in the United programming and does not report its $12.5 million or less in revenue States and is not affiliated with any annual receipts. Dominion, which annually. HSD or the large dish segment entity or entities whose gross annual provides service under the brand name of the satellite industry is the original revenues in the aggregate exceed Sky Angel, does not publicly disclose its satellite-to-home service offered to $250,000,000.’’ The Commission has subscribership numbers on an consumers, and involves the home determined that there are 67.7 million annualized basis. The Commission does reception of signals transmitted by subscribers in the United States. not know of any source which provides satellites operating generally in the C- Therefore, an operator serving fewer this information and, thus, we have no band frequency. Unlike DBS, which than 677,000 subscribers shall be way of confirming whether Dominion uses small dishes, HSD antennas are deemed a small operator, if its annual qualifies as a small business. Because between four and eight feet in diameter revenues, when combined with the total DBS service requires significant capital, and can receive a wide range of annual revenues of all of its affiliates, do we believe it is unlikely that a small unscrambled (free) programming and not exceed $250 million in the entity as defined by the SBA would scrambled programming purchased from
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program packagers that are licensed to and operators that do not generate statutorily-recognized options for local facilitate subscribers’ receipt of video revenue in excess of $12.5 million exchange carriers (LECs) to offer video programming. There are approximately annually. Therefore, we estimate that programming services. As of June 2003, 30 satellites operating in the C-band, there are approximately 850 small MDS BSPs served approximately 1.4 million which carry over 500 channels of providers as defined by the SBA and the subscribers, representing 1.49 percent of programming combined; approximately Commission’s auction rules. all MVPD households. Among BSPs, 350 channels are available free of charge 56. While SBA approval for a however, those operating under the OVS and 150 are scrambled and require a Commission-defined small business size framework are in the minority, with subscription. HSD is difficult to standard applicable to ITFS is pending, approximately eight percent operating quantify in terms of annual revenue. educational institutions are included in with an OVS certification. Serving HSD owners have access to program this analysis as small entities. There are approximately 460,000 of these channels placed on C-band satellites by currently 2,032 ITFS licensees, and all subscribers, Affiliates of Residential programmers for receipt and but 100 of these licenses are held by Communications Network, Inc. (RCN) is distribution by MVPDs. Commission educational institutions. Thus, the currently the largest BSP and 11th data shows that, between June 2003 and Commission estimates that at least 1,932 largest MVPD. (WideOpenWest is the June 2004, HSD subscribership fell from ITFS licensees are small businesses. second largest BSP and 15th largest 502,191 subscribers to 335,766 57. In the 1998 and 1999 LMDS MVPD, with cable systems serving about subscribers, a decline of more than 33 auctions, the Commission defined a 288,000 subscribers as of September percent. The Commission has no small business as an entity that had 2003. The third largest BSP is Knology, information regarding the annual annual average gross revenues of less which currently serves approximately revenue of the four C-Band distributors. than $40 million in the previous three 174,957 subscribers as of June 2004.) 54. Wireless Cable Systems. Wireless calendar years. The Commission has RCN received approval to operate OVS cable systems use the Multipoint held two LMDS auctions: Auction 17 systems in New York City, Boston, Distribution Service (MDS) and and Auction 23. Auction No. 17, the Washington, DC, and other areas. The Instructional Television Fixed Service first LMDS auction, began on February Commission does not have financial (ITFS) frequencies in the 2 GHz band to 18, 1998, and closed on March 25, 1998. information regarding the entities transmit video programming and (104 bidders won 864 licenses.) Auction authorized to provide OVS, some of provide broadband services to No. 23, the LMDS re-auction, began on which may not yet be operational. We subscribers. Local Multipoint April 27, 1999, and closed on May 12, thus believe that at least some of the Distribution Service (LMDS) is a fixed 1999. (40 bidders won 161 licenses.) OVS operators may qualify as small broadband point-to-multipoint Moreover, the Commission added an entities. microwave service that provides for additional classification for a ‘‘very two-way video telecommunications. As small business,’’ which was defined as E. Description of Projected Reporting, previously noted, the SBA definition of an entity that had annual average gross Recordkeeping and Other Compliance small entities for Cable and Other revenues of less than $15 million in the Requirements Program Distribution, which includes previous three calendar years. These 59. The NPRM proposes rules that such companies generating $12.5 definitions of ‘‘small business’’ and will permit television broadcast million in annual receipts, appears ‘‘very small business’’ in the context of licensees to use DTS in lieu of a single- applicable to MDS, ITFS and LMDS. In the LMDS auctions have been approved transmitter to operate their television addition, the Commission has defined by the SBA. In the first LMDS auction, broadcast stations. Use of DTS is at the small MDS and LMDS entities in the 104 bidders won 864 licenses. Of the option of the broadcast licensee. The context of Commission license auctions. 104 auction winners, 93 claimed status NPRM would not impose any 55. In the 1996 MDS auction, the as small or very small businesses. In the mandatory reporting, recordkeeping and Commission defined a small business as LMDS re-auction, 40 bidders won 161 other compliance requirements, unless an entity that had annual average gross licenses. Based on this information, we the licensee chooses to use DTS. The revenues of less than $40 million in the believe that the number of small LMDS proposed rule changes that we believe previous three calendar years. This licenses will include the 93 winning will directly affect reporting, definition of a small entity in the bidders in the first auction and the 40 recordkeeping and other compliance context of MDS auctions has been winning bidders in the re-auction, for a requirements are described below. approved by the SBA. In the MDS total of 133 small entity LMDS 60. The NPRM proposes that DTS auction, 67 bidders won 493 licenses. Of providers as defined by the SBA and the transmitters will not be separately the 67 auction winners, 61 claimed Commission’s auction rules. licensed, but will be part of a linked status as a small business. At this time, 58. Open Video Systems (OVS). The group that will be covered by one the Commission estimates that of the 61 OVS framework provides opportunities construction permit and license. Unless small business MDS auction winners, 48 for the distribution of video otherwise indicated, the NPRM remain small business licensees. In programming other than through cable proposes to apply the current addition to the 48 small businesses that systems. Because OVS operators provide requirements and processes for DTV hold BTA authorizations, there are subscription services, OVS falls within stations, or, where appropriate, analog approximately 392 incumbent MDS the SBA-recognized definition of Cable TV stations. The Commission intends to licensees that have gross revenues that and Other Program Distribution use application filing and processing are not more than $40 million and are Services, which provides that a small procedures similar to the current thus considered small entities. MDS entity is one with $ 12.5 million or less procedures for DTV licensing. Under the licensees and wireless cable operators in annual receipts. The Commission has proposal, licensees will request that did not participate in the MDS certified 25 OVS operators with some authority to construct DTS facilities by auction must rely on the SBA definition now providing service. Broadband filing a single application that includes of small entities for Cable and Other service providers (BSPs) are currently either a main transmitter and one or Program Distribution. Information the only significant holders of OVS more additional transmitters that will available to us indicates that there are certifications or local OVS franchises, collectively use the DTS technology, or approximately 850 of these licensees even though OVS is one of four two or more smaller DTS transmitters. A
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licensee may add to its DTS network of Enforcement Fairness Act of 1996. In www.regulations.gov. Filers should transmitters using a minor change addition, the Commission will send a follow the instructions provided on the application for a construction permit to copy of the NPRM, including the IRFA, website for submitting comments. For change a licensed DTV facility, or for a to the Chief Counsel for Advocacy of the ECFS filers, if multiple docket or modified construction permit to change Small Business Administration. A copy rulemaking numbers appear in the a DTV facility authorized by a of the Notice and IRFA (or summaries caption of this proceeding, filers must construction permit. Such applications thereof) will also be published in the transmit one electronic copy of the will be processed in accordance with Federal Register. comments for each docket or the Commission’s current processing rulemaking number referenced in the I. Initial Paperwork Reduction Act of rules and guidelines. However, at least caption. In completing the transmittal 1995 Analysis one of a licensee’s DTS transmitters screen, filers should include their full must provide coverage of the station’s 65. This NPRM has been analyzed name, U.S. Postal Service mailing community of license in accordance with respect to the Paperwork address, and the applicable docket or with § 73.625 of our rules. Reduction Act of 1995 (PRA) and rulemaking number. Parties may also contains modified information submit an electronic comment by F. Steps Taken to Minimize Significant collection requirements. These modified Internet e-mail. To get filing Impact on Small Entities, and requirements of FCC Forms 301 and instructions, filers should send an e- Significant Alternatives Considered 302-DTV will be published in a separate mail to [email protected], and include the 61. The RFA requires an agency to Federal Register notice. following words in the body of the describe any significant alternatives that 66. Further Information. For message, ‘‘get form.’’ A sample form and it has considered in reaching its additional information concerning the directions will be sent in response. proposed approach, which may include PRA proposed information collection 70. Paper Filers: Parties who choose the following four alternatives (among requirements contained in this NPRM, to file by paper must file an original and others): (1) The establishment of contact Cathy Williams at 202–418– four copies of each filing. If more than differing compliance or reporting 2918, or via the Internet to one docket or rulemaking number requirements or timetables that take into [email protected]. appears in the caption of this account the resources available to small proceeding, filers must submit two J. Ex Parte Rules entities; (2) the clarification, additional copies for each additional consolidation, or simplification of 67. Permit-But-Disclose. This docket or rulemaking number. Filings compliance or reporting requirements proceeding will be treated as a ‘‘permit- can be sent by hand or messenger under the rule for small entities; (3) the but-disclose’’ proceeding subject to the delivery, by commercial overnight use of performance, rather than design, ‘‘permit-but-disclose’’ requirements courier, or by first-class or overnight standards; and (4) an exemption from under § 1.1206(b) of the Commission’s U.S. Postal Service mail (although we coverage of the rule, or any part thereof, rules. Ex parte presentations are continue to experience delays in for small entities. permissible if disclosed in accordance receiving U.S. Postal Service mail). All 62. The use of DTS is not mandatory. with Commission rules, except during filings must be addressed to the Only television broadcast licensees who the Sunshine Agenda period when Commission’s Secretary, Office of the chose to use DTS will be impacted by presentations, ex parte or otherwise, are Secretary, Federal Communications the proposed rules. Therefore, with generally prohibited. Persons making Commission. respect to the issue of the impact of the oral ex parte presentations are reminded • The Commission’s contractor will proposed rules on smaller entities, we that a memorandum summarizing a receive hand-delivered or messenger- believe small business broadcasters will presentation must contain a summary of delivered paper filings for the benefit from the opportunities offered the substance of the presentation and Commission’s Secretary at 236 by DTS. The record in the Second DTV not merely a listing of the subjects Massachusetts Avenue, NE., Suite 110, Periodic proceeding suggests many discussed. More than a one- or two- Washington, DC 20002. The filing hours potential benefits of DTS to smaller as sentence description of the views and at this location are 8 a.m. to 7 p.m. All well as larger entities, such as uniform arguments presented is generally hand deliveries must be held together signal levels throughout a licensee’s required. Additional rules pertaining to with rubber bands or fasteners. Any service area, the ability to operate at oral and written presentations are set envelopes must be disposed of before reduced power to achieve the same forth in § 1.1206(b) of the Commission’s entering the building. • coverage, a reduced likelihood of rules. Commercial overnight mail (other than U.S. Postal Service Express Mail causing interference to neighboring K. Filing Requirements licensees, an ability to overcome terrain and Priority Mail) must be sent to 9300 limitations, and more reliable indoor 68. Comments and Replies. Pursuant East Hampton Drive, Capitol Heights, reception. Nevertheless, in the Notice, to 47 CFR 1.415 and 1.419 of the MD 20743. • comment is sought concerning the Commission’s rules, interested parties U.S. Postal Service first-class, impact of DTS technology on small may file comments and reply comments Express, and Priority mail should be business broadcasters. on or before the dates indicated on the addressed to 445 12th Street, SW., first page of this document. Comments Washington, DC 20554. G. Federal Rules Which Duplicate, may be filed using: (1) The 71. Availability of Documents. Overlap, or Conflict With the Commission’s Electronic Comment Comments, reply comments, and ex Commission’s Proposals Filing System (ECFS), (2) the Federal parte submissions will be available for 63. None. Government’s eRulemaking Portal, or (3) public inspection during regular by filing paper copies. business hours in the FCC Reference H. Report to Congress 69. Electronic Filers: Comments may Center, Federal Communications 64. The Commission will send a copy be filed electronically using the Internet Commission, 445 12th Street, SW., CY– of the NPRM, including this IRFA, in a by accessing the ECFS: http:// A257, Washington, DC 20554. These report to be sent to Congress pursuant www.fcc.gov/cgb/ecfs/ or the Federal documents will also be available via to the Small Business Regulatory eRulemaking Portal: http:// ECFS. Documents will be available
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electronically in ASCII, Word 97, 75. It is further ordered that the § 73.626 DTV Distributed Transmission and/or Adobe Acrobat. Reference Information Center, Systems. 72. Accessibility Information. To Consumer Information Bureau, shall (a) A DTV station may be authorized request information in accessible send a copy of this Notice of Proposed to operate multiple transmitters to formats (computer diskettes, large print, Rulemaking, including the Initial provide service consistent with the audio recording, and Braille), send an e- Regulatory Flexibility Analysis, to the requirements of this section and other mail to [email protected] or call the FCC’s Chief Counsel for Advocacy of the Small rules applicable to DTV stations. A Consumer and Governmental Affairs Business Administration. station must comply with the following Bureau at (202) 418–0530 (voice), (202) DTV rules, except when such List of Subjects in 47 CFR Part 73 418–0432 (TTY). This document can compliance is inconsistent with an explicit requirement in this section: also be downloaded in Word and Digital television, Radio. Portable Document Format (PDF) at: (1) § 73.622 Digital television table of http://www.fcc.gov. Federal Communications Commission. allotments. Marlene H. Dortch, (2) § 73.623 DTV applications and 73. Additional Information. For Secretary. changes to DTV allotments. additional information on this (3) § 73.624 Digital television proceeding, contact Evan Baranoff, Proposed Rule Changes broadcast stations. [email protected], or Eloise Gore, (4) § 73.625 DTV coverage of principal [email protected], of the Media For the reasons discussed in the community and antenna system. Bureau, Policy Division, (202) 418– preamble, the Federal Communications (5) Paragraph (d) of § 73.682 TV 2120. Commission proposes to amend 47 CFR transmission standards. part 73 as follows: V. Ordering Clauses (b) An application proposing use of a distributed transmission system (DTS) 74. Accordingly, It Is Ordered that PART 73—RADIO BROADCAST will not be accepted for filing if it pursuant to sections 4(i) and (j), 7, 301, SERVICES proposes coverage by any of the 302, 303, 307, 308, 309, 316, 319, 324, proposed transmitters of areas farther 336, and 337 of the Communications 1. The authority citation for part 73 from the station’s DTS reference point Act of 1934, 47 U.S.C. 151, 154(i) and continues to read as follows: than the distance in the following table (j), 157, 301, 302, 303, 307, 308, 309, Authority: 47 U.S.C. 154, 303, 334, 336 and for the station’s proposed channel and 316, 319, 324, 336, and 337 that Notice 339. zone, except where coverage of such is herby given of the proposals and areas by the applicant’s conventional tentative conclusions described in this 2. Section 73.626 is added to subpart (non-DTS) DTV facility already is Notice of Proposed Rulemaking. E to read as follows: authorized.
F(50,90) field Channel Zone strength Distance
2–6 ...... 1 ...... 28 dBu ...... 108 km. (67 mi.). 2–6 ...... 2 and 3 ...... 28 dBu ...... 128 km. (80 mi.). 7–13 ...... 1 ...... 36 dBu ...... 101 km. (63 mi.). 7–13 ...... 2 and 3 ...... 36 dBu ...... 123 km. (77 mi.). 14–69 ...... 1, 2 and 3 ...... 41 dBu ...... 103 km. (64 mi.).
(1) DTV station zones are defined in making to add the DTV channel § 73.6023 Distributed transmission § 73.609 of this subpart. allotment. systems. (2) The coverage for each DTS (c) An application proposing use of Station licensees may operate a DTS will not be accepted for filing if the transmitter is determined based on the commonly owned group of digital Class combined coverage from all of the F(50,90) field strength given in the table, A stations with contiguous predicted transmitters fails to provide predicted calculated in accordance with service to all population predicted to DTV noise-limited contours (see § 73.625(b) of this subpart. receive service from the authorized § 73.622(e) of this part) on a common (3) Each station’s DTS reference point conventional (non-DTS) DTV facility of television channel in a distributed is the location of the facility it specified the station. transmission system. in its certification in the DTV channel (d) An application proposing use of * * * * * election process, pursuant to the DTS will not be accepted for filing if the [FR Doc. 05–23658 Filed 12–6–05; 8:45 am] procedures established in the Second coverage from at least one proposed BILLING CODE 6712–01–P DTV Periodic Report and Order, 69 FR transmitter does not provide principal 59500, October 4, 2004. These reference community coverage as required in points were published in Public Notice, § 73.625(a) of this subpart. DA 04–3922. For stations initially (e) An application proposing use of authorized subsequent to that DTS will not be accepted for filing if the certification process, the reference point proposed transmitters would cause is the location established in its interference to another station in excess individual rule making to add the DTV of the criteria specified in § 73.623(c), channel allotment, or the location (e), (f) and (g) of this subpart. specified in its initial construction * * * * * permit for a new DTV station, if it was 3. Section 73.6023 is added to subpart not established in an individual rule J to read as follows:
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DEPARTMENT OF THE INTERIOR lizard that reaches a maximum adult decision in the United States District body length (excluding the tail) of Court for the District of Arizona. Fish and Wildlife Service approximately 87 millimeters (3.4 On August 30, 2005, the District Court inches). The lizard has a flattened body, for the District of Arizona issued an 50 CFR Part 17 short tail, and dagger-like head spines order granting plaintiffs’ motion for like other horned lizards. It is RIN 1018–AU58 summary judgment ‘‘on the ground that distinguished from other horned lizards the Secretary’s withdrawal of the in its range by a dark vertebral stripe, Endangered and Threatened Wildlife proposed rule violated the Endangered and Plants, Notice of Reinstatement of two slender elongated occipital spines, Species Act and the Ninth Circuit’s the 1993 Proposed Rule to List the and the absence of external ear remand order by failing to evaluate the Flat-Tailed Horned Lizard as a openings. The dorsal surface of the flat- lizard’s lost habitat and whether that Threatened Species tailed horned lizard is pale gray to light rusty brown. The ventral side is white habitat was a significant portion of the AGENCY: Fish and Wildlife Service, and unmarked, with the exception of a range.’’ The court upheld all other Interior. prominent umbilical scar. aspects of the January 3, 2003, ACTION: Notice of reinstatement of The flat-tailed horned lizard is withdrawal decision. On November 17, proposed rule. endemic (restricted) to the Sonoran 2005, the District Court issued a Desert in southern California, Arizona subsequent order, consistent with its SUMMARY: We, the U.S. Fish and and northwestern Mexico. The species August 30, 2005, order, vacating the Wildlife Service, announce the is documented from the Coachella 2003 withdrawal and remanding the reinstatement of the November 29, 1993, Valley in Riverside County, California; matter to us for further consideration. proposed rule to list the flat-tailed the Imperial and Borrego Valleys in The District Court reinstated the 1993 horned lizard (Phrynosoma mcallii) as a Imperial and eastern San Diego proposed rule to list the flat-tailed threatened species under the Counties, California; south of the Gila horned lizard as a threatened species for Endangered Species Act of 1973, as River and west of the Gila and Butler the duration of the remand, and ordered amended (Act). On November 17, 2005, Mountains in Yuma County, Arizona; us to submit for publication in the the U.S. District Court for the District of east of the Sierra de Juarez in the Federal Register, as soon as practicable, Arizona vacated the January 3, 2003, Laguna Salada and Yreka Basins in withdrawal of the proposed rule to list a notice advising the public that the northeastern Baja California Norte, January 3, 2003, withdrawal has been the flat-tailed horned lizard, reinstated Mexico; and north and west of Bahia de the 1993 proposed rule, and remanded vacated and that the 1993 proposed rule San Jorge to the delta of the Colorado is reinstated. The District Court further the matter to us for further River in northwestern Sonora, Mexico consideration in accordance with its ordered us to make a new listing (Grismer 2002; Rodriguez 2002). The decision by April 30, 2006, stating that, August 30, 2005, and November 17, flat-tailed horned lizard occurs at ‘‘on remand the agency need only 2005, orders. The District Court ordered elevations up to 800 meters (2600 feet) address the matters on which the court’s us to submit for publication in the above sea level, but most populations August 30, 2005 Order * * * found the Federal Register, as soon as practicable, are below 300 meters (980 feet) a notice advising the public that the elevation. January 3, 2003 Withdrawal unlawful, January 3, 2003, withdrawal has been which may summarily be identified as On November 29, 1993, we published vacated and that the 1993 proposed rule a proposed rule to list the flat-tailed whether the lizard’s lost historical is reinstated, and to submit for horned lizard as a threatened species habitat renders the species in danger of publication in the Federal Register a pursuant to the Act (58 FR 62624). On extinction in a significant portion of its new final listing decision on the July 15, 1997, we issued a final decision range.’’ proposed rule to list the flat-tailed to withdraw the 1993 proposed rule (62 For additional background horned lizard by April 30, 2006. FR 37852). Defenders of Wildlife and information and previous Federal Consequently, we are hereby providing other groups challenged the 1997 notice that the 1993 proposed rule to list actions related to the listing withdrawal decision. On June 16, 1999, the flat-tailed horned lizard is determinations for the flat-tailed horned the District Court for the Southern reinstated, and that we will complete a lizard, please refer to the January 3, District of California granted summary final listing decision for the flat-tailed 2003, Federal Register notice (68 FR judgment in our favor upholding our horned lizard by April 30, 2006. 331). decision not to list the flat-tailed horned ADDRESSES: The complete file for this lizard. However, on July 31, 2001, the Author notice is available for inspection, by Ninth Circuit Court of Appeals reversed The primary author of this notice is appointment, during normal business the lower court’s ruling and directed the hours at the Carlsbad Fish and Wildlife District Court to remand the matter to us the Carlsbad Fish and Wildlife Office Office, U.S. Fish and Wildlife Service, for further consideration in accordance (see ADDRESSES section). 6010 Hidden Valley Road, Carlsbad, with the legal standards outlined in its Authority: The authority for this action is California 92011. opinion (Defenders of Wildlife v. the Endangered Species Act of 1973 (16 FOR FURTHER INFORMATION CONTACT: Jim Norton, 258 F.3d 1136). On October 24, U.S.C. 1531 et seq.). Bartel, Field Supervisor, at the above 2001, the District Court for the Southern Dated: November 30, 2005. address, by telephone at 760/431–9440, District of California remanded the 1997 Marshall Jones, or by facsimile at 760/431–9624. withdrawal decision. Consistent with SUPPLEMENTARY INFORMATION: the District Court’s remand order, we Acting Director, U.S. Fish and Wildlife published a withdrawal of the proposed Service. Background rule to list the flat-tailed horned lizard [FR Doc. 05–23692 Filed 12–6–05; 8:45 am] The flat-tailed horned lizard on January 3, 2003 (68 FR 331). The BILLING CODE 4310–55–P (Phrynosoma mcallii) is a small, Tucson Herpetological Society and cryptically colored, phrynosomatid other groups challenged this withdrawal
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DEPARTMENT OF COMMERCE National Marine Fisheries Service, Sand Council identified a final preferred Point Way NE., BIN C15700, Seattle, alternative at their June 13-17, 2005, National Oceanic and Atmospheric WA 98115–0070. meeting in Foster City, CA. NMFS must Administration • Fax: (206) 526–6736. approve any FMP amendment and Copies of Amendment 19 or implementing regulations it deems 50 CFR Part 660 supporting documents are available necessary by May 6, 2006. [I.D. 112905C] from Maryann Nickerson, (206) 526– 4490. Specific Request for Additional RIN 0648-AT98 Comments and Information FOR FURTHER INFORMATION CONTACT: Fisheries off West Coast States and in Stephen Copps (Northwest Region, A coastwide prohibition on bottom the Western Pacific; Pacific Coast NMFS), phone: 206–526–6187. trawling in all areas within the Groundfish Fishery; Notice of SUPPLEMENTARY INFORMATION: The exclusive economic zone (EEZ) that are Availability of Amendment 19 to the Magnuson-Stevens Act requires each deeper than 700 fm is also included in Pacific Coast Goundfish Fishery Regional Fishery Management Council the proposed amendment. NMFS is Management Plan to submit any amendment to an FMP to specifically seeking comment on this NMFS for review and approval, aspect of the amendment as well as the AGENCY: National Marine Fisheries disapproval, or partial approval. The gear restrictions described above Service (NMFS), National Oceanic and Magnuson-Stevens Act also requires Atmospheric Administration (NOAA), because they would apply in areas that NMFS, upon receiving an Commerce. deeper than 3500 m (11482.9 ft), and, amendment to an FMP, immediately therefore, would be outside EFH. ACTION: Notice of availability of an publish notification in the Federal Management measures to minimize amendment to a fishery management Register that the amendment is available adverse impacts on EFH could apply in plan; request for comments. for public review and comment. NMFS the EEZ in areas not described as EFH, SUMMARY: Amendment 19 to the Pacific will consider the public comments if there is a link between the fishing Coast Groundfish Fishery Management received during the comment period activity and adverse effects on EFH. Plan (FMP) has been developed by described above in determining whether Additionally, management measures NMFS and the Pacific Fishery to approve, disapprove, or partially could be based on the Council’s Management Council (Council) to approve Amendment 19. discretionary authority under sections comply with the Magnuson-Stevens Section 303(a)(7) of the Magnuson- (303(b)(2) and (b)(12) of the Magnuson- Fishery Conservation and Management Stevens Act requires Fishery Stevens Act to protect habitat outside Act (Magnuson-Stevens Act) by Management Councils to include in EFH if there is a basis for these amending the Pacific Coast Groundfish FMPs the description and identification measures. NMFS will consider public Fishery Management Plan (FMP) to of EFH for the fishery, and minimization comments and information received on describe and identify essential fish to the extent practicable the adverse the proposed rule which has been habitat (EFH) for the fishery, designate effects of fishing on EFH. Amendment submitted for Secretarial review and Habitat Areas of Particular Concern, 19 is supported by a final environmental approval and on the proposed minimize to the extent practicable the impact statement (FEIS) that evaluates a Amendment 19 to determine if the adverse effects of fishing on EFH, and comprehensive strategy to conserve and measures should be applied in areas identify other actions to encourage the enhance EFH, including its outside EFH (deeper than 3500 m conservation and enhancement of EFH. identification and the implementation (11482.9 ft). NMFS expects to publish DATES: Comments on Amendment 19 of measures to minimize adverse the proposed regulation to implement must be received on or before February impacts to EFH from fishing, to the Amendment 19 in the near future. 6, 2006. extent practicable. Public comments on Amendment 19 ADDRESSES: You may submit comments Preparation of the EIS and Amendment 19 stem from a 2000 court must be received by February 6, 2006, on the amendment identified by I.D. to be considered by NMFS in the 112905C by any of the following order in American Oceans Campaign et. al. v. Daley, Civil Action 99-982 (GK) decision to approve, disapprove, or methods: partially approve Amendment 19. • E-mail: GroundfishEFH- (D.D.C. September 14, 2000), which [email protected]. Include I.D. required NMFS and the Council to Authority: 16 U.S.C. 1801 et seq. prepare an EIS to evaluate the effects of 112905C in the subject line of the Dated: December 1, 2005. message. fishing on EFH and identify measures to • Federal e-Rulemaking portal: http:// minimize those impacts to the extent Alan D. Risenhoover, www.regulations.gov. Follow the practicable. NMFS published a draft EIS Acting Director, Office of Sustainable instructions for submitting comments. for public comment on February 11, Fisheries, National Marine Fisheries Service. • Mail: Send comments to D. Robert 2005. The public comment period on [FR Doc. 05–23735 Filed 12–6–05; 8:45 am] Lohn, Administrator, Northwest Region, the draft ended on May 11, 2005. The BILLING CODE 3510–22–S
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Notices Federal Register Vol. 70, No. 234
Wednesday, December 7, 2005
This section of the FEDERAL REGISTER persons are not required to respond to OMB Control Number: 0581–0110. contains documents other than rules or the collection of information unless it Summary of Collection: The proposed rules that are applicable to the displays a currently valid OMB control Agricultural Marketing Act of 1946 public. Notices of hearings and investigations, number. directs the Department to develop committee meetings, agency decisions and programs that will provide and enable rulings, delegations of authority, filing of Agricultural Marketing Service the marketing of agricultural products. petitions and applications and agency Title: Regulations for Inspection of statements of organization and functions are One of these programs is the USDA examples of documents appearing in this Eggs. voluntary inspection and grading section. OMB Control Number: 0581–0113. program for dairy products where these Summary of Collection: Congress dairy products are graded according to enacted the Egg Products Inspection Act U.S. grade standards by a USDA grader. DEPARTMENT OF AGRICULTURE (21 U.S.C. 1031–1056) (EPIA) to provide The dairy products so graded may be a mandatory inspection program to identified with the USDA grade mark. Submission for OMB Review; assure egg products are processed under Dairy processors, buyers, retailers, Comment Request sanitary conditions, are wholesome, institutional users, and consumers have unadulterated, and properly labeled; to requested that such a program be December 1, 2005. control the disposition of dirty and developed to assure the uniform quality The Department of Agriculture has checked shell eggs; to control of dairy products purchased. In order submitted the following information unwholesome, adulterated, and inedible for any service program to perform collection requirement(s) to OMB for egg products and shell eggs that are satisfactorily, there must be written review and clearance under the unfit for human consumption; and to guides and rules, which in this case are Paperwork Reduction Act of 1995, control the movement and disposition regulations for the provider and user. Public Law 104–13. Comments of imported shell eggs and egg products Need and Use of the Information: The regarding (a) Whether the collection of that are unwholesome and inedible. Agricultural Marketing Service will information is necessary for the proper Regulations developed under 7 CFR Part collect information to ensure that the performance of the functions of the 57 provide the requirements and dairy inspection program products are agency, including whether the guidelines for the Department and produced under sanitary conditions and information will have practical utility; industry needed to obtain compliance. buyers are purchasing a quality product. (b) the accuracy of the agency’s estimate The Agricultural Marketing Service The information collected through of burden including the validity of the (AMS) will collect information using recordkeeping is routinely reviewed and methodology and assumptions used; (c) several forms. Forms used to collect evaluated during the inspection of the ways to enhance the quality, utility and information provide the method for dairy plant facilities for USDA approval. clarity of the information to be measuring workload, record of Without laboratory testing results collected; (d) ways to minimize the compliance and non compliance and a required by recordkeeping, the burden of the collection of information basis to monitor the utilization of funds. inspectors would not be able to evaluate on those who are to respond, including Need and Use of the Information: the quality of dairy products. through the use of appropriate AMS will use the information to assure Description of Respondents: Business automated, electronic, mechanical, or compliance with the Act and or other for-profit. other technological collection regulations, to take administrative and Number of Respondents: 487. Frequency of Responses: techniques or other forms of information regulatory action and to develop and revise cooperative agreements with the Recordkeeping. technology should be addressed to: Desk Total Burden Hours: 1,388. Officer for Agriculture, Office of States, which conduct surveillance Information and Regulatory Affairs, inspections of shell egg handlers and Agricultural Marketing Service processors. If the information is not Office of Management and Budget Title: Farmers Market Questionnaire. (OMB), Pamela_Beverly_OIRA_ collected, AMS would not be able to control the processing, movement, and OMB Control Number: 0581–0169. [email protected] or fax (202) Summary of Collection: The disposition of restricted shell eggs and 395–5806 and to Departmental Transportation and Marketing (T&M) egg products and take regulatory action Clearance Office, USDA, OCIO, Mail Program, Agricultural Marketing Service Stop 7602, Washington, DC 20250– in case of noncompliance. Description of Respondents: Business (AMS) conducts research to find better 7602. Comments regarding these or other for-profit; Federal Government; designs, development techniques, and information collections are best assured State, local or tribal government. operating methods for modern farmers of having their full effect if received Number of Respondents: 934. markets under the Agency’s Wholesale within 30 days of this notification. Frequency of Responses: and Alternative Markets Program. Copies of the submission(s) may be Recordkeeping; Reporting: On occasion; Recommendations are made available to obtained by calling (202) 720–8681. Quarterly. local decision-makers interested in An agency may not conduct or Total Burden Hours: 1,659. constructing modern farmers markets to sponsor a collection of information serve area producers and consumers. unless the collection of information Agricultural Marketing Service Individual studies are conducted in displays a currently valid OMB control Title: Regulations Governing the close cooperation with local interested number and the agency informs Inspection and Grading of Manufactured parties. The information will be potential persons who are to respond to or Processed Dairy Products— collected using form TM–6 ‘‘Farmers’ the collection of information that such Recordkeeping. Market Questionnaire.’’
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Need and Use of the Information: of burden including the validity of the Need and Use of the Information: Conventional wisdom states that the methodology and assumptions used; (c) APHIS will collect information that number and size of farmers markets has ways to enhance the quality, utility and includes: (1) The number of animals to grown over the last several years. clarity of the information to be be moved, (2) the species of the animals, Research has not been done to prove collected; (d) ways to minimize the (3) the point of origin and destination, that point. The form submitted for burden of the collection of information and (4) the consignor and consignee. approval will serve as a survey on those who are to respond, including Without the information APHIS would instrument to obtain a clearer picture of through the use of appropriate be unable to ensure that Johne’s disease existing farmers market structure to automated, electronic, mechanical, or is not spread to healthy animal provide a basis for the future design of other technological collection populations throughout the United modern direct marketing facilities and techniques or other forms of information States. will provide a measure of growth over technology should be addressed to: Desk Description of Respondents: Business the last 4 years. T&M researchers will Officer for Agriculture, Office of or other for profit; Farms. survey by mail, with telephone follow- Information and Regulatory Affairs, Number of Respondents: 250. Office of Management and Budget up, the managers of farmers markets Frequency of Responses: Reporting: (OMB), identified in the 2000 National Farmers On occasion. Market Directory. In addition, provision [email protected] or Total Burden Hours: 50. will be made for e-mail reporting. These fax (202) 395–5806 and to Departmental markets represent a varied range of Clearance Office, USDA, OCIO, Mail Animal Plant and Health Inspection sizes, geographical locations, types, Stop 7602, Washington, DC 20250– Service ownership, and structure. These 7602. Comments regarding these Title: Brucellosis Program markets will provide a valid overview of information collections are best assured Cooperative Agreements—Title 9, CFR farmers markets in the United States. of having their full effect if received Parts 50, 51, 53, 54, 76, and 78. Information such as the size of markets, within 30 days of this notification. operating times and days, retail and Copies of the submission(s) may be OMB Control Number: 0579–0047. wholesale sales, management structure, obtained by calling (202) 720–8958. Summary of Collection: Brucellosis is and rules and regulations governing the An agency may not conduct or a contagious animal disease that causes markets are all important questions that sponsor a collection of information loss of young through spontaneous need to be answered in the design of a unless the collection of information abortion or birth of weak offspring, new market. The information developed displays a currently valid OMB control reduced milk production, and by this survey will support better number and the agency informs infertility. It is mainly a disease of designs, development techniques, and potential persons who are to respond to cattle, bison and swine. There is no operating methods for modern farmers the collection of information that such economically feasible treatment for markets and outline improvements that persons are not required to respond to brucellosis in livestock. Veterinary can be applied to revitalize existing the collection of information unless it Services, a division with USDA’s markets. displays a currently valid OMB control Animal and Plant Health Inspection Description of Respondents: Not-for- number. Service (APHIS), is responsible for profit institutions, Federal Government, Animal Plant and Health Inspection administering regulations intended to State, local or tribal government. Service prevent the dissemination of animal Number of Respondents: 3,700. diseases, such as brucellosis, within the Title: Johne’s Disease in Domestic Frequency of Responses: Reporting: United States. These regulations are Animals; Interstate Movement, 9 CFR On occasion. found in Part 78 of Title 9, Code of Total Burden Hours: 586. part 80. Federal Regulations. The continued OMB Control Number: 0579–0148. presence of brucellosis in a herd Summary of Collection: Title 21 Charlene Parker, seriously threatens the health of other U.S.C. authorizes sections 111, 114, Departmental Information Collection animals. APHIS will collect information 114a, 114–1, 115, 120, 121, 125, 126, Clearance Officer. using various forms. 134a, 134c, 134f, and 134g. These [FR Doc. E5–6965 Filed 12–6–05; 8:45 am] Need and Use of the Information: BILLING CODE 3410–02–P authorities permit the Secretary to prevent, control and eliminate domestic APHIS will use the information diseases such as Johne’s disease, as well collected from the forms to continue to DEPARTMENT OF AGRICULTURE as to take actions to prevent and to search for other infected herds, maintain manage exotic diseases such as foot- identification of livestock, monitor Submission for OMB Review; and-mouth, classical swine fever, and deficiencies in identification of animals Comment Request other foreign diseases. Johne’s disease for movement, and monitor program affects cattle, sheep, goats, and other deficiencies in suspicious and infected December 1, 2005. ruminants. It is an incurable and herds. This information will be used to The Department of Agriculture has contagious disease that results in determine brucellosis area status and submitted the following information progressive wasting and eventual death. aids herd owners by speeding up the collection requirement(s) to OMB for The disease is nearly always introduced detection and elimination of serious review and clearance under the into a healthy herd by an infected disease conditions in their herds. Paperwork Reduction Act of 1995, animal that is not showing symptoms of Without the data, APHIS’ Brucellosis Public Law 104–13. Comments the disease. Moving Johne’s-positive Eradication Program would be severely regarding (a) Whether the collection of livestock interstate for slaughter or for crippled. information is necessary for the proper other purposes and doing so without Description of Respondents: Farms; performance of the functions of the increasing the risk of disease spread State, Local or Tribal Government. agency, including whether the requires the use of an owner-shipper Number of Respondents: 7,382. information will have practical utility; statement, official eartags, and State Frequency of Responses: (b) the accuracy of the agency’s estimate participation in the program. Recordkeeping; Reporting: On occasion.
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Total Burden Hours: 17,681. and regulatory provisions under this Signed in Washington, DC, on November collection. The information collection 30, 2005. Ruth Brown, requirements for this renewal package Eldon Gould, Departmental Information Collection Manager, Federal Crop Insurance Clearance Officer. are necessary for FCIC to provide an interpretation of statutory and Corporation. [FR Doc. E5–6966 Filed 12–6–05; 8:45 am] regulatory provisions upon request. This [FR Doc. E5–6985 Filed 12–6–05; 8:45 am] BILLING CODE 3410–34–P data is used to administer the provisions BILLING CODE 3410–08–P of 7 CFR part 400, subpart X in DEPARTMENT OF AGRICULTURE accordance with the Federal Crop Insurance Act, as amended. DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation We are asking the Office of Forest Service Management and Budget (OMB) to Notice of Request for Extension of a extend its approval of our use of this Tehama County Resource Advisory Currently Approved Information information collection activity for an Committee Collection additional 3 years. AGENCY: Federal Crop Insurance The purpose of this notice is to solicit AGENCY: Forest Service, USDA. Corporation, USDA. comments from the public concerning ACTION: Notice of meeting. ACTION: Extension of approval of an this information collection activity. information collection; comment These comments will help us: SUMMARY: The Tehama County Resource request. (1) Evaluate whether the proposed Advisory Committee (RAC) will meet in SUMMARY: This notice announces a collection of information is necessary Red Bluff, California. Agenda items to public comment period on the for the proper performance of the be covered include: (1) Introductions, information collection requests (ICRs) functions of the agency, including (2) Approval of Minutes, (3) Public associated with the interpretation of whether the information has practical Comment, (4) Discussion of the Modoc statutory and regulatory provisions utility; Speaker Last Meeting, (5) Subcommittee Reports, (6) Chairman’s Perspective, (7) administered by Federal Crop Insurance (2) Evaluate the accuracy of the Corporation (FCIC). General Discussion, (8) County Update, agency’s estimate of the burden of the (9) Next Agenda. DATES: Written comments on this notice proposed collection of information; will be accepted until close of business DATES: (3) Enhance the quality, utility, and The meeting will be held on February 6, 2006. clarity of the information to be December 8, 2005 from 9 a.m. and end ADDRESSES at approximately 12 p.m. : Interested persons are collected; and invited to submit written comments to ADDRESSES: The meeting will be held at William J. Murphy, Deputy (4) Minimize the burden of the the Lincoln Street School, Conference Administrator Insurance Services collection of information on those who Room A, 1135 Lincoln Street, Red Bluff, Division, Federal Crop Insurance are to respond, through use, as CA. Individuals wishing to speak or Corporation, United States Department appropriate, of automated, electronic, propose agenda items must send their of Agriculture, 1400 Independence Ave. mechanical, and other collection names and proposals to Jim Giachino, SW., Stop 0805, Washington, DC 20250– technologies, e.g., permitting electronic DFO, 825 N. Humboldt Ave., Willows, 0805. Comments titled ‘‘Information submission of responses. CA 95988. Collection OMB 0563–0055’’ may be Estimate of burden: The public sent via the Internet to: reporting burden for this collection of FOR FURTHER INFORMATION CONTACT: [email protected]. information is estimated to average 0.5 Bobbin Gaddini, Committee FOR FURTHER INFORMATION CONTACT: hours per response. Coordinator, USDA, Mendocino Heyward Baker, Director, Risk National Forest, Grindstone Ranger Respondents/Affected Entities: Parties District, P.O. Box 164, Elk Creek, CA Management Services Division, Federal affected by the information collection Crop Insurance Corporation, at the 95939. (530) 968–5329; E-mail requirements included in this Notice are [email protected]. above address, telephone (202) 624– any applicant for crop insurance, a 0737. producer with a valid crop insurance SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: policy, or a private insurance company meeting is open to the public. Title: General Administrative with a reinsurance agreement with FCIC Committee discussion is limited to Regulations; Interpretations of Statutory or their agents, loss adjusters, Forest Service staff and Committee and Regulatory Provisions. employees or contractors. members. However, persons who wish OMB Number: 0563–0055. Estimated annual number of to bring matters to the attention of the Expiration Date of Approval: March respondents: 45. Committee may file written statements 31, 2006. with the Committee staff before or after Type of Request: Extension of a Estimated annual number of the meeting. Public input sessions will currently approved information responses per respondent: 3.5. be provided and individuals who made collection. Estimated annual number of written requests by December 4, 2005 Abstract: FCIC is proposing to renew responses: 156. will have the opportunity to address the the currently approved information committee at those sessions. collection, OMB Number 0563–0055. It Estimated total annual burden hours is currently up for renewal and on respondents: 78. Dated: November 28, 2005. extension for three years. FCIC is All responses to this notice will be James F. Giachino, conducting a thorough review of summarized and included in the request Designated Federal Official. information collections associated with for OMB approval. All comments will [FR Doc. 05–23704 Filed 12–6–05; 8:45 am] providing an interpretation of statutory also become a matter of public record. BILLING CODE 3410–11–M
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DEPARTMENT OF AGRICULTURE The purpose of this notice is to solicit DEPARTMENT OF COMMERCE comments from the public concerning Risk Management Agency the information collection activities. International Trade Administration These comments will help us: Notice of Intent To Seek Approval To A–428–839 Conduct an Information Collection 1. Evaluate whether the proposed A–489–814 collection of information is necessary A–570–902 AGENCY: Risk Management Agency, for the proper performance of the USDA. Initiation of Antidumping Duty functions of the agency, including Investigations: Carbon and Certain ACTION: Notice and request for whether the information will have comments. Alloy Steel Wire Rod from Germany, practical utility; Turkey, and the People’s Republic of SUMMARY: In accordance with the 2. Evaluate the accuracy of the China Paperwork Reduction Act of 1995, this agency’s estimate of the burden of the AGENCY: Import Administration, notice announces the intention of the proposed collection of information; Risk Management Agency to request International Trade Administration, 3. Enhance the quality, utility, and approval for the collection of Department of Commerce. clarity of the information to be information in support of the agency’s EFFECTIVE DATE: December 7, 2005. collected; and mission under section 522(d) of the FOR FURTHER INFORMATION CONTACT: Federal Crop Insurance Act to develop 4. Minimize the burden of the Tyler Weinhold (Germany), John Drury and implement risk management tools collection of information on those who (Turkey), or Matthew Renkey (People’s for producers of agricultural are to respond, through use, as Republic of China), AD/CVD commodities through partnership appropriate, of automated, electronic, Operations, Import Administration, agreements. mechanical, or other collection International Trade Administration, DATES: Written comments on this notice technologies, e.g. permitting electronic U.S. Department of Commerce, 14th will be accepted until close of business submission of responses. Street and Constitution Avenue, NW, February 6, 2006. Estimate of Burden: The public Washington, DC 20230; telephone: (202) ADDRESSES: Interested persons are reporting burden for this collection of 482–1121, (202) 482–0195 and (202) 482–2312, respectively. invited to submit written comments to information is estimated to average 1 Virginia Guzman, United States minute per response for a total annual SUPPLEMENTARY INFORMATION: Department of Agriculture (USDA), burden of 53 hours. INITIATION OF INVESTIGATIONS Research and Evaluation Division, Respondents/Affected Entities: Federal Crop Insurance Corporation, The Petitions Individuals and businesses involved in Risk Management Agency, 6501 Beacon On November 10, 2005, the the production of organic crops: Drive, Mail Stop 813, Kansas City, MO Department of Commerce (‘‘the 64133. Written comments may also be academia, including individuals or Department’’) received Petitions (‘‘the submitted electronically to: RMARED— representatives of universities and Petitions’’) concerning imports of [email protected]. colleges who are involved in research carbon and certain alloy steel wire rod FOR FURTHER INFORMATION CONTACT: and issues of American agriculture and (‘‘CASWR’’) from Germany (‘‘German Virginia Guzman or David Fulk, at the risk management. Petition’’), Turkey (‘‘Turkish Petition’’), Kansas City, MO address listed above, Estimated annual number of and the People’s Republic of China telephone (816) 926–6343. respondents: 60. (‘‘PRC’’)(‘‘PRC Petition’’) filed in proper SUPPLEMENTARY INFORMATION: Estimated annual number of form by Connecticut Steel Corp., Gerdau Title: Organic Price Project. responses: 3,120 or 52 per respondent. Ameristeel U.S. Inc., Keystone OMB Number: 0563–NEW. Consolidated Industries, Inc., ISG Type of Request: New Information Estimated total annual burden on Georgetown, Inc. (Mittal Steel U.S.A. Collection. respondents: 53 hours. Georgetown), and Rocky Mountain Steel Abstract: The Risk Management All responses to this notice will be Mills (‘‘Petitioners’’) on behalf of the Agency intends to collect price summarized and included in the request domestic industry producing CASWR. information on selected organic for OMB approval. All comments will The period of investigation (‘‘POI’’) for commodities from major regional also become a matter of public record. Germany and Turkey is October 1, 2004, distributors of organic products in through September 30, 2005. The POI support of a partnership agreement with Signed in Washington, DC, on November for the PRC is April 1, 2005, through the Rodale Institute to develop an 30, 2005. September 30, 2005. organic price reporting system. Prices Eldon Gould, In accordance with section 732(b) of will be collected once each week by Manager, Federal Crop Insurance the Tariff Act of 1930, as amended (‘‘the various means including e-mail, Corporation. Act’’), Petitioners alleged that imports of telephone, fax, and from Web sites in [FR Doc. E5–6987 Filed 12–6–05; 8:45 am] CASWR from Germany, Turkey and the whatever form is customarily used by BILLING CODE 3410–08–P PRC are being, or are likely to be, sold the distributor to post prices. The price in the United States at less than fair information that is collected will be value within the meaning of section 731 posted on an existing Web site of the Act, and that such imports are maintained by the Rodale Institute to materially injuring and threaten to assist organic producers and allied injure an industry in the United States. interests in price discovery. We are asking the Office of Management and Scope of Investigations Budget (OMB) to approve this The merchandise subject to this scope information collection activity for 3 is certain hot–rolled products of carbon years. steel and alloy steel, in coils, of
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approximately circular cross section, of the domestic industry. In order to ‘‘the article subject to an investigation,’’ 4.75 mm or more, but less than 19.00 determine whether a petition has been (i.e., the class or kind of merchandise to mm, in solid cross–sectional diameter. filed by or on behalf of the industry, the be investigated, which normally will be Specifically excluded are steel products Department, pursuant to section the scope as defined in the petition). possessing the above–noted physical 732(c)(4)(A) of the Act, determines With regard to the domestic like characteristics and meeting the whether a minimum percentage of the product, Petitioners do not offer a Harmonized Tariff Schedule of the relevant industry supports the petition. definition of domestic like product United States (‘‘HTSUS’’) definitions for A petition meets this requirement if the distinct from the scope of the (a) stainless steel; (b) tool steel; (c) high domestic producers or workers who investigation. See Germany Initiation nickel steel; (d) ball bearing steel; and support the petition account for: (i) at Checklist, Turkey Initiation Checklist, (e) concrete reinforcing bars. Also least 25 percent of the total production and PRC Initiation Checklist at excluded are free machining steel of the domestic like product; and (ii) Attachment II (Industry Support). Based products (i.e., products that contain by more than 50 percent of the production on our analysis of the information weight one or more of the following of the domestic like product produced submitted in the Petitions we have elements: 0.03 percent or more of lead, by that portion of the industry determined there is a single domestic 0.05 percent or more of bismuth, 0.08 expressing support for, or opposition to, like product, carbon and certain alloy percent or more of sulfur, more than the petition. Moreover, section steel wire rod, and we have analyzed 0.04 percent of phosphorus, more than 732(c)(4)(D) of the Act provides that, if industry support in terms of that 0.05 percent of selenium, or more than the petition does not establish support domestic like product. 0.01 percent of tellurium). of domestic producers or workers Our review of the data provided in the All products meeting the physical accounting for more than 50 percent of Petitions, Supplements to the Petitions, description of subject merchandise that the total production of the domestic like dated November 18, 2005, and are not specifically excluded are product, the Department shall: (i) poll November 22, 2005, and other included in this scope. The products the industry or rely on other information readily available to the under review are currently classifiable information in order to determine if Department indicates that Petitioners under subheadings 7213.91.3011, there is support for the petition, as have established industry support 7213.91.3015, 7213.91.3092, required by subparagraph (A), or (ii) representing at least 25 percent of the 7213.91.4500, 7213.91.6000, determine industry support using a total production of the domestic like 7213.99.0030, 7213.99.0090, statistically valid sampling method. product; and more than 50 percent of 7227.20.0000, and 7227.90.6050 of the Section 771(4)(A) of the Act defines the production of the domestic like HTSUS. Although the HTSUS the ‘‘industry’’ as the producers of a product produced by that portion of the subheadings are provided for domestic like product. Thus, to industry expressing support for or convenience and customs purposes, the determine whether a petition has the opposition to the Petitions, requiring no written description of the scope of this requisite industry support, the statute further action by the Department proceeding is dispositive. directs the Department to look to pursuant to section 732(c)(4)(D) of the producers and workers who produce the Act. In addition, the Department Comments on Scope of Investigations domestic like product. The International received no opposition to the Petitions During our review of the Petitions, we Trade Commission (‘‘ITC’’), which is from domestic producers of the like discussed the scope with Petitioners to responsible for determining whether the product. Therefore, the domestic ensure that it accurately reflects the domestic industry has been injured, producers (or workers) who support the product for which the domestic industry must also determine what constitutes a Petitions account for at least 25 percent is seeking relief. Moreover, as discussed domestic like product in order to define of the total production of the domestic in the preamble to the Department’s the industry. While both the Department like product, and the requirements of regulations, we are setting aside a and the ITC must apply the same section 732(c)(4)(A)(i) of the Act are period for interested parties to raise statutory definition regarding the met. Furthermore, the domestic issues regarding product coverage. See domestic like product (section 771(10) producers who support the Petitions Antidumping Duties; Countervailing of the Act), they do so for different account for more than 50 percent of the Duties; Final Rule, 62 FR 27296, 27323 purposes and pursuant to a separate and production of the domestic like product (May 19, 1997). The Department distinct authority. In addition, the produced by that portion of the industry encourages all interested parties to Department’s determination is subject to expressing support for, or opposition to, submit such comments within 20 limitations of time and information. the Petitions. Thus, the requirements of calendar days of publication of this Although this may result in different section 732(c)(4)(A)(ii) of the Act also initiation notice. Comments should be definitions of the like product, such are met. Accordingly, the Department addressed to Import Administration’s differences do not render the decision of determines that the Petitions were filed Central Records Unit in Room 1870, either agency contrary to law. See on behalf of the domestic industry U.S. Department of Commerce, 14th USEC, Inc. v. United States, 132 F. within the meaning of section 732(b)(1) Street and Constitution Avenue, NW, Supp. 2d 1, 8 (CIT 2001), citing Algoma of the Act. See Germany Initiation Washington, DC 20230 - Attention: Steel Corp. Ltd. v. United States, 688 F. Checklist, Turkey Initiation Checklist, Robert James. The period of scope Supp. 639, 644 (1988), aff’d 865 F.2d and PRC Initiation Checklist at consultations is intended to provide the 240 (Fed. Cir. 1989), cert. denied 492 Attachment II (Industry Support). Department with ample opportunity to U.S. 919 (1989). The Department finds that Petitioners consider all comments and consult with Section 771(10) of the Act defines the filed the Petitions on behalf of the interested parties prior to the issuance domestic like product as ‘‘a product domestic industry because they are of the preliminary determinations. which is like, or in the absence of like, interested parties as defined in section most similar in characteristics and uses 771(9)(E) and (F) of the Act and have Determination of Industry Support for with, the article subject to an demonstrated sufficient industry the Petitions investigation under this title.’’ Thus, the support with respect to the antidumping Section 732(b)(1) of the Act requires reference point from which the investigations that it is requesting the that a petition be filed by or on behalf domestic like product analysis begins is Department initiate. See Germany
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Initiation Checklist, Turkey Initiation The price quoted was delivered to the the fiscal year 2003 financial statements Checklist, and PRC Initiation Checklist customer and included foreign inland of Habas Sinai. at Attachment II (Industry Support). freight, and insurance, U.S. import Based upon a comparison of the duties and port fees, U.S. inland freight, prices of the foreign–like product in the U.S. Price and Normal Value and an estimated trading company home market to the calculated COP of The following is a description of the resale markup. See Volume II of the the product, we find reasonable grounds to believe or suspect that sales of the allegation of sales at less than fair value Turkish Petition at Exhibit 6, and foreign like product were made below upon which the Department based its Supplement to the Turkish Petition, the COP, within the meaning of section decision to initiate these investigations dated November 18, 2005, at Revised 773(b)(2)(A)(i) of the Act. Accordingly, on Germany, Turkey, and the PRC. The Exhibit 10, and Supplement to the the Department is initiating a country– sources of data for the deductions and Turkish Petition, dated November 22, 2005, at 2nd Revised Exhibit 6. wide cost investigation. See Turkey adjustments relating to the U.S. price, Initiation Checklist. home–market price (Germany and Normal Value (‘‘NV’’) Turkey), constructed value (Germany Normal Value based on Constructed and Turkey), and the factors of To calculate NV, Petitioners provided Value (‘‘CV’’) a price quote from Habas Sinai ve Tibbi production (PRC only) are also Pursuant to sections 773(a)(4), 773(b) Galar Istihsal Endustrisi AS (‘‘Habas discussed in the country–specific and 773(e) of the Act, Petitioners also Sinai’’), a Turkish producer of CASWR. Initiation Checklist. See Germany based NV on CV. Petitioners calculated The information was obtained from a Initiation Checklist, Turkey Initiation CV using the same COM, SG&A, confidential market research company. Checklist, and PRC Initiation Checklist. financial and packing figures used to Should the need arise to use any of this The price quote is for a specific grade, compute the COP. Petitioners then information as facts available under quality and diameter falling within the calculated profit based on the FY 2003 section 776 of the Act in our scope of this petition, with FOB mill financial statements of a Turkish preliminary or final determinations, we (i.e., ex–works) delivery terms. See CASWR producer, Habas Sinai. See will reexamine the information and Volume II of the Turkish Petition at Turkey Initiation Checklist. revise the margin calculations, if pages 1–2 and Memorandum to the File, appropriate. Telephone Call to Market Research Firm Germany Regarding the Antidumping Petition on Export Price Turkey Carbon and Certain Alloy Steel Wire To calculate EP, Petitioners obtained Export Price (‘‘EP’’) Rod (CASWR) from Turkey dated November 18, 2005. Petitioners made a price for a sale of subject merchandise, made within the POI, manufactured by Petitioners based U.S. price on EP. adjustments for imputed credit expenses. See Volume II of the Turkish B.E.S. Brandenburger Electrostahlwerke, Petitioners obtained a price for a sale to GmbH (‘‘Brandenburger’’) and sold Petition at Exhibit 3 and 4, and an end user of the subject merchandise through Brandenburger’s affiliated Supplement to the Turkish Petition, within the POI. Petitioners provided an trading company, Riva Stahl. Petitioners dated November 18, 2005, at affidavit with the information. See provided an affidavit with this Attachment 1 and Revised Exhibit 10. Volume II of the Turkish Petition at information. See Volume II of the The Turkish HM price per metric ton Exhibit 5. The price quoted is for a German Petition at page 2 and Exhibit was converted to short tons using the specific grade, quality, and diameter 5. The price quoted is for a specific standard conversion factor. No falling within the scope of this petition. grade, quality, and diameter falling additional adjustments were made to Export price was the basis for U.S. price within the scope of this petition. because CASWR was offered for sale to derive the HM price. The price quoted was FOB U.S. port, an unaffiliated U.S. purchaser prior to Cost of Production and included foreign inland freight the date of importation. Petitioners charges, ocean freight and insurance deducted from the offer price the Petitioners have provided information from Germany, and U.S. port fees. See expenses associated with exporting and demonstrating reasonable grounds to Volume II of the German Petition at delivering the product: foreign inland believe or suspect that sales of CASWR pages 2, 3, and 4 and Exhibit 5, and freight, foreign brokerage and handling, in the home market were made at prices Supplement to the German Petition, ocean freight and insurance, U.S. port below the fully absorbed cost of dated November 18, 2005, at charges, and a three percent trading production (‘‘COP’’), within the Attachment 1. company markup, which was based meaning of section 773(b) of the Act, Petitioners deducted a three percent upon research from a market research and requested that the Department mark–up based upon the actual company as customary for this type of conduct a country–wide sales–below- experience of Stemcor, an international transaction. See Volume II of the cost investigation. Pursuant to section steel trading company, as a publicly Turkish Petition at page 5, Exhibit 6, 773(b)(3) of the Act, COP consists of the available surrogate for Riva’s and Exhibit 9. In addition, Petitioners cost of manufacturing (‘‘COM’’); selling, experiences. See Volume II of the adjusted for differences in imputed general and administrative (‘‘SG&A’’) German Petition at pages 2 and 3 and credit expenses by subtracting home expenses; financial expenses; and Exhibit 8 and Supplement to the market credit expenses to the home packing expenses. Petitioners calculated German Petition, dated November 18, market price and by adding U.S. COM and packing expenses based on 2005, at Attachment 1. imputed credit expenses to the home the weighted–averaged production market price. See Volume II of the experiences of U.S. CASWR producers Normal Value Turkish Petition at Exhibit 6, and during the POI, adjusted for known To calculate NV, Petitioners obtained Supplement to the Turkish Petition, differences between the costs incurred a price for subject merchandise, as dated November 18, 2005, at Revised to manufacture CASWR in the United offered for sale by Brandenburger to an Exhibit 10, and Supplement to the States and in Turkey using publicly unaffiliated customer in the home Turkish Petition, dated November 22, available data. To calculate SG&A and market. This information was provided 2005 at 2nd Revised Exhibit 6. financial expenses, Petitioner relied on by a market researcher. The price quote
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is for a specific grade, quality, and Petitioners then calculated profit based an appropriate surrogate, pursuant to diameter falling within the scope of this on the FY 2004 financial statements of section 773(c)(4) of the Act, because it petition. See Supplement to the German two German producers of the same is a market–economy country that is at Petition, dated November 19, 2005, general class of merchandise. See a comparable level of economic Foreign Market Research Declaration, Germany Initiation Checklist development to the PRC and is a and Memorandum to the File, significant producer and exporter of Telephone Call to Market Research Firm PRC CASWR. See Volume II of the Petition Regarding the Antidumping Petition on Export Price at pages 6–7. Based on the information Carbon and Certain Alloy Steel Wire Petitioners based their U.S. price on provided by the Petitioners, we believe Rod (CASWR) from Germany dated information regarding a Chinese quoted that its use of India as a surrogate November 18, 2005. offer price as relayed by a U.S. country is appropriate for purposes of Petitioners made adjustments to home customer. Petitioners based U.S. price initiating this investigation. After the market gross price for foreign inland on EP because the offer was made by an initiation of the investigation, the freight expense and imputed credit unidentified trading company to a U.S. Department will solicit comments expense. See Volume II of the German customer. The Department deducted regarding surrogate country selection. Petition at pages 1 and 2 and Exhibit 2 Also, pursuant to 19 CFR from the offer price the expenses and Supplement to the Petition, dated 351.301(c)(3)(i), interested parties will associated with exporting and November 15, 2005, Foreign Market be provided an opportunity to submit delivering the product: foreign inland Research Declaration at Exhibit 1. To publicly available information to value freight, foreign brokerage and handling, calculate the reported foreign inland factors of production within 40 days ocean freight and insurance, U.S. port freight, petitioners relied on a survey of after the date of publication of the charges, and trading company markup. quotes gathered by the market preliminary determination. researcher. See Memorandum to the See PRC Initiation Checklist. The Petitioners explained that the File, Telephone Call to Market Research Normal Value production process for CASWR occurs Firm Regarding the Antidumping in two stages: the melt shop and rolling The Petitioners stated that the PRC is Petition on CASWR from Germany mill. In the melt shop a furnace melts a non–market economy (‘‘NME’’) and no dated November 18, 2005. scrap steel or pig iron. The molten steel determination to the contrary has yet then enters a continuous caster which Cost of Production been made by the Department. In casts the liquid steel into billets. Next, Petitioners have provided information previous investigations, the Department in the rolling mill, the billets are demonstrating reasonable grounds to has determined that the PRC is an NME. reheated, rolled into CASWR, cooled, believe or suspect that sales of CASWR See Notice of Final Determination of coiled and bundled for shipment. See in the home market were made at prices Sales at Less Than Fair Value: Volume II of the Petition at page 9. The below the fully absorbed COP, within Chlorinated Isocyanurates From the Petitioners stated that the the meaning of section 773(b) of the Act, People’s Republic of China, 70 FR 24502 manufacturing cost of CASWR in the and requested that the Department (May 10, 2005), Notice of Final United States is typical of world–wide conduct a country–wide sales–below- Determination of Sales at Less Than steel making costs and, therefore, the cost investigation. Petitioners calculated Fair Value and Affirmative Critical use of the U.S. producers’ production COM and packing expenses based on Circumstances: Magnesium Metal from costs and/or consumption rates the weight–averaged production the People’s Republic of China, 70 FR represents the best information experiences of certain U.S. CASWR 9037 (February 24, 2005) and Notice of reasonably available to the Petitioners at producers during the POI, adjusted for Final Determination of Sales at Less this time. See Volume II of the Petition known differences between the costs Than Fair Value: Certain Tissue Paper at page 8. In building–up the factors of incurred to manufacture CASWR in the Products from the People’s Republic of production, the Petitioners started with United States and in Germany. To China, 70 FR 7475 (February 14, 2005). inputs into the production of billets as calculate SG&A and financial expenses, In accordance with section 771(18)(C)(i) the primary input in CASWR. Petitioners relied on the fiscal year 2003 of the Act, the presumption of NME The Petitioners provided a dumping financial statements of Brandenburger. status remains in effect until revoked by margin calculation using the Based upon a comparison of the the Department. The presumption of Department’s NME methodology as prices of the foreign like product in the NME status for the PRC has not been required by 19 CFR 351.202(b)(7)(i)(C). home market to the calculated COP of revoked by the Department and remains See Volume II of the Petition at Exhibit the product, we find reasonable grounds in effect for purposes of the initiation of 18, and Supplement to the Petition, to believe or suspect that sales of the this investigation. Accordingly, because dated November 18, 2005, at foreign like product were made below available information does not permit Attachment 3. To determine, for each the COP, within the meaning of section the NV of the merchandise to be raw material, the quantities of inputs 773(b)(2)(A)(i) of the Act. Accordingly, determined under section 773(a) of the used by the PRC manufacturers to the Department is initiating a country– Act, the NV of the product is produce CASWR, the Petitioners relied wide cost investigation. See Germany appropriately based on factors of on the production experience and actual Initiation Checklist. production valued in a surrogate consumption rates of three U.S. CASWR market–economy country in accordance producers. See PRC Initiation Checklist. Normal Value Based on Constructed with section 773(c) of the Act. In the In accordance with section 773(c)(4) Value course of this investigation, all parties of the Act, the Petitioners valued factors Pursuant to sections 773(a)(4), 773(b) will have the opportunity to provide of production, where possible, using and 773(e) of the Act, petitioners also relevant information related to the reasonably available, public surrogate based NV on CV. Petitioners calculated issues of the PRC’s NME status and the country data. To value certain factors of CV using the same COM, SG&A, granting of separate rates to individual production, the Petitioners used financial, and packing figures used to exporters. Monthly Statistics of the Foreign Trade compute the COP. See Volume II of the The Petitioners identified India as the of India, as published by the Directorate Petition at page 2 and Exhibit 1. surrogate country arguing that India is General of Commercial Intelligence and
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Statistics of the Ministry of Commerce Allegations and Evidence of Material Korea, 70 FR 35625, 35629 (June 21, and Industry, Government of India, and Injury and Causation 2005), and Initiation of Antidumping compiled by World Trade Atlas With regard to Germany, Turkey and Duty Investigations: Certain Lined Paper (‘‘WTA’’). See PRC Initiation Checklist. the PRC, Petitioners allege that the U.S. Products from India, Indonesia, and the For values expressed in Indian industry producing the domestic like People’s Republic of China, 70 FR 58374, 58379 (October 6, 2005)), we rupees, the Department used a simple product is being materially injured, or is have modified the application for this average of the daily exchange rate for threatened with material injury, by investigation to make it more the POI to convert these values from reason of the individual and cumulated administrable and easier for applicants rupees to U.S. dollars in accordance imports of the subject merchandise sold to complete. The specific requirements with our standard practice. The at less than NV. Petitioners contend that for submitting the separate–rates Petitioners used a different source for the industry’s injured condition is application in this investigation are their exchange rates since rates covering illustrated by the decline in customer outlined in detail in the application the entire POI were not yet available on base, lost sales, market share, domestic itself, which will be available on the Import Administration’s website at the shipments, prices and profit. We have Department’s Website at http:// time that the Petitioners filed the PRC assessed the allegations and supporting ia.ita.doc.gov on the date of publication Petition. However, such rates are now evidence regarding material injury and of this initiation notice in the Federal available at ia.ita.doc.gov/exchange/ causation, and we have determined that Register. Please refer to this application india.txt, and we have used them in our these allegations are properly supported for all instructions. calculations. See PRC Initiation by adequate evidence and meet the Checklist. statutory requirements for initiation. See NME Respondent Selection and The Department calculates and Germany Initiation Checklist, Turkey Quantity and Value Questionnaire publishes the surrogate values for labor Initiation Checklist, and PRC Initiation For NME investigations, it is the to be used in NME cases on its website. Checklist at Attachment III (Injury). Department’s practice to request Therefore, to value labor, the Petitioners Initiation of Antidumping quantity and value information from all used a labor rate of $0.97 per hour, in Investigations known exporters identified in the accordance with the Department’s petition. In addition, the Department regulations. See 19 CFR 351.408(c)(3) Based upon our examination of the typically requests the assistance of the and Supplement to the Petition, dated Petitions on CASWR, we find that these NME government in transmitting the November 18, 2005, at Attachment 3. Petitions meet the requirements of Department’s quantity and value section 732 of the Act. Therefore, we are questionnaire to all companies who The Petitioners calculated surrogate initiating antidumping duty financial ratios (overhead, SG&A, and manufacture and export subject investigations to determine whether merchandise to the United States, as profit) using information obtained from imports of CASWR are being, or are well as to manufacturers who produce the Tata Iron and Steel Company Ltd. likely to be, sold in the United States at the subject merchandise for companies (‘‘Tata’’) 2004–2005 Annual Report. See less than fair value. Unless postponed, who were engaged in exporting subject Volume II of the Petition at pages 15– we will make our preliminary merchandise to the United States during 17 and Exhibit 17. Tata is an Indian determinations no later than 140 days the period of investigation. The quantity producer of CASWR. In this case, the after the date of these initiations. and value data received from NME Department has accepted the financial exporters is used as the basis to select information from the Tata 2004–2005 Separate Rates and Quantity and Value the mandatory respondents. Although Annual Report for the purposes of Questionnaire many NME exporters respond to the initiation, because these data appear to The Department recently modified the quantity and value information request, be the best information currently process by which exporters and at times some exporters may not have available to the Petitioners. However, producers may obtain separate–rate received the quantity and value the Department has made certain status in NME investigations. See Policy questionnaire or may not have received changes to the Petitioners’ financial Bulletin 05.1: Separate–Rates Practice it in time to respond by the specified ratio calculations. See PRC Initiation and Application of Combination Rates deadline. Checklist. in Antidumping Investigations The Department is now publicizing its Fair Value Comparisons involving Non–Market Economy requirement that quantity and value Countries (Separate Rates and responses must be submitted for both Based on the data provided by Combination Rates Bulletin), (April 5, the quantity and value questionnaire Petitioners, there is reason to believe 2005), available on the Department’s and the separate–rates application by that imports of CASWR from Germany, Website at http://ia.ita.doc.gov/policy/ the respective deadlines in order to Turkey and the PRC are being, or are bull05–1.pdf. The process now requires receive consideration for separate–rate likely to be, sold in the United States at the submission of a separate–rate status status. This new procedure will be less than fair value. Based on application. Based on our experience in applied to all future investigations. comparisons of EP to NV, calculated in processing the separate rates Appendix I of this notice contains the accordance with section 773(a) of the applications in the antidumping duty quantity and value questionnaire that Act, and of EP to CV, the range of the investigations of Artists Canvas, must be submitted by all NME revised estimated dumping margins for Diamond Sawblades and CLPP (see exporters. In addition, the Department CASWR are 50.25 percent to 81.88 Initiation of Antidumping Duty will post the quantity and value percent for Germany, and 29.23 percent Investigation: Certain Artist Canvas questionnaire along with the filing to 77.76 percent for Turkey. Based on From the People’s Republic of China, 70 instructions on the IA Website (http:// comparisons of EP to NV, calculated in FR 21996, 21999 (April 28, 2005), ia.ita.doc.gov). This quantity and value accordance with section 773(c) of the Initiation of Antidumping Duty questionnaire is due no later than 15 Act, the estimated revised weighted– Investigations: Diamond Sawblades and calendar days from the date of average dumping margin for CASWR Parts Thereof from the People’s publication of this notice. Consistent from the PRC is 321.76 percent. Republic of China and the Republic of with Department practice, if a deadline
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falls on a weekend, federal holiday, or rate as well as the pool of non– material injury, or threatening to cause any other day when the Department is investigated firms receiving the material injury, to a U.S. industry. See closed, the Department will accept the weighted–average of the section 733(a)(2) of the Act. A negative response on the next business day. See individually calculated rates. This ITC determination will result in the Notice of Clarification: Application of practice is referred to as the investigations being terminated; ‘‘Next Business Day’’ rule for application of ‘‘combination rates’’ otherwise, these investigations will Administrative Determination Deadlines because such rates apply to specific proceed according to statutory and Pursuant to the Tariff Act of 1930, as combinations of exporters and one regulatory time limits. amended, 70 FR 24533 (May 10, 2005). or more producers. The cash– This notice is issued and published The Department will continue to send deposit rate assigned to an exporter pursuant to section 777(i) of the Act. the quantity and value questionnaire to will apply only to merchandise Dated: November 30, 2005. those exporters identified in the Petition both exported by the firm in Stephen J. Claeys, and the NME government. question and produced by a firm Acting Assistant Secretary for Import that supplied the exporter during Use of Combination Rates in an NME Administration. the period of investigation. Investigation Separate Rates and Combination ATTACHMENT I The Department will calculate Rates Bulletin, at page 6. Where it is not practicable to examine combination rates for certain Distribution of Copies of the Petitions all known producers/exporters of respondents that are eligible for a In accordance with section subject merchandise, section 777A(c)(2) separate rate in this investigation. The of the Tariff Act of 1930 (as amended) Separate Rates and Combination Rates 732(b)(3)(A) of the Act, copies of the public versions of the Petition has been permits us to investigate 1) a sample of Bulletin, states: exporters, producers, or types of { } provided to the Government of w hile continuing the practice of Germany, the Government of Turkey, products that is statistically valid based assigning separate rates only to and the Government of the PRC. on the information available at the time exporters, all separate rates that the of selection, or 2) exporters and Department will now assign in its International Trade Commission producers accounting for the largest NME investigations will be specific Notification volume and value of the subject to those producers that supplied the We have notified the ITC of our merchandise that can reasonably be exporter during the period of initiations, as required by section 732(d) examined. investigation. Note, however, that of the Act. In the chart provided below, please one rate is calculated for the provide the total quantity and total exporter and all of the producers Preliminary Determination by the ITC value of all your sales of merchandise which supplied subject The ITC will preliminarily determine, covered by the scope of this merchandise to it during the period within 25 days after the date on which investigation (see scope section of this of investigation. This practice it receives notice of these initiations, notice), produced in the PRC, and applies both to mandatory whether there is a reasonable indication exported/shipped to the United States respondents receiving an that imports of CASWR from Germany, during the period April 1, 2005, through individually calculated separate Turkey and the PRC are causing September 30, 2005.
Market Total Quantity Terms of Sale Total Value
United States.
1. Export Price Sales. 2.. a. Exporter name. b. Address. c. Contact. d. Phone No.. e. Fax No.. 3. Constructed Export Price Sales. 4. Further Manufactured. Total Sales.
Total Quantity: respective dates and sources. had knowledge that the merchandise was destined to be • Please report quantity on a short ton Export Price Sales: resold to the United States. basis. If any conversions were used, • please provide the conversion Generally, a U.S. sale is classified as • If you are a producer of subject an export price sale when the first formula and source. merchandise, please include any sale to an unaffiliated person occurs sales manufactured by your Terms of Sales: before importation into the United company that were subsequently • States. Please report all sales on the same exported by an affiliated exporter to terms (e.g., free on board). • Please include any sales exported by your company directly to the the United States. Total Value: United States; • Please do not include any sales of • All sales values should be reported • Please include any sales exported by merchandise manufactured in Hong in U.S. Dollars. Please indicate any your company to a third–country Kong in your figures. exchange rates used and their market economy reseller where you
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Constructed Export Price Sales: injury to an industry in the United and Korea: Investigation Nos. 701–TA– • Generally, a U.S. sale is classified as States within a reasonably foreseeable 388–391 and 731–TA–816–821 (Review). time. See Cut–to-Length Carbon–Quality a constructed export price sale Scope of the Order when the first sale to an unaffiliated Steel Plate from France, India, The products covered by the AD order person occurs after importation. Indonesia, Italy, Japan, and Korea, 70 are certain hot–rolled carbon–quality However, if the first sale to the FR 71331 (November 28, 2005) (‘‘ITC steel: (1) Universal mill plates (i.e., flat– unaffiliated person is made by a Determination’’). Therefore, pursuant to rolled products rolled on four faces or person in the United States section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is in a closed box pass, of a width affiliated with the foreign exporter, exceeding 150 mm but not exceeding constructed export price applies revoking the AD order on CTL Plate from France. 1250 mm, and of a nominal or actual even if the sale occurs prior to thickness of not less than 4 mm, which EFFECTIVE DATE: February 10, 2005. importation. are cut–to-length (not in coils) and • Please include any sales exported by FOR FURTHER INFORMATION CONTACT: without patterns in relief), of iron or your company directly to the David Goldberger, AD/CVD Operations, non–alloy-quality steel; and (2) flat– United States; Import Administration, International rolled products, hot–rolled, of a • Please include any sales exported by Trade Administration, U.S. Department nominal or actual thickness of 4.75 mm your company to a third–country of Commerce, 14th Street and or more and of a width which exceeds market economy reseller where you Constitution Avenue, NW, Washington, 150 mm and measures at least twice the had knowledge that the DC 20230; telephone: (202) 482–4136. thickness, and which are cut–to-length merchandise was destined to be SUPPLEMENTARY INFORMATION: (not in coils). Steel products to be resold to the United States. • If you are a producer of subject Background included in the scope of this order are merchandise, please include any of rectangular, square, circular or other On February 10, 2000, the Department shape and of rectangular or non– sales manufactured by your published its AD order and final rectangular cross-section where such company that were subsequently amended determination on CTL Plate non–rectangular cross-section is exported by an affiliated exporter to from France. See Notice of Amendment achieved subsequent to the rolling the United States. of Final Determinations of Sales at Less • Please do not include any sales of process (i.e., products which have been Than Fair Value and Antidumping Duty ‘‘worked after rolling’’)--for example, merchandise manufactured in Hong Orders: Certain Cut–To- Length Carbon– Kong in your figures. products which have been beveled or Quality Steel Plate Products From rounded at the edges. Steel products Further Manufactured: France, India, Indonesia, Italy, Japan, that meet the noted physical and the Republic of Korea, 65 FR 6585 • Further manufacture or assembly characteristics that are painted, (February 10, 2000). In the amended costs include amounts incurred for varnished or coated with plastic or other final determination the Department direct materials, labor and non–metallic substances are included found a margin of 10.41 percent for overhead, plus amounts for general within this scope. Also, specifically Usinor S.A. and for ‘‘all other’’ and administrative expense, interest included in the scope of this order are manufacturers/producers/exporters of expense, and additional packing high strength, low alloy (‘‘HSLA’’) CTL Plate from France. expense incurred in the country of steels. HSLA steels are recognized as On January 3, 2005, the Department further manufacture, as well as all steels with micro–alloying levels of initiated, and the ITC instituted, sunset costs involved in moving the elements such as chromium, copper, reviews of the AD order on CTL Plate product from the U.S. port of entry niobium, titanium, vanadium, and from France. See Initiation of Five-year to the further manufacturer. molybdenum. (Sunset) Reviews, 70 FR 75 (January 3, Steel products included in this scope, [FR Doc. 05–23738 Filed 12–6–05; 8:45 am] 2005). As a result of its review, the regardless of Harmonized Tariff BILLING CODE 3510–DS–S Department found that revocation of the Schedule of the United States AD order would likely lead to (‘‘HTSUS’’) definitions, are products in continuation or recurrence of dumping, DEPARTMENT OF COMMERCE which: (1) Iron predominates, by and notified the ITC of the dumping rate weight, over each of the other contained International Trade Administration likely to prevail if the AD order were elements, (2) the carbon content is two revoked. See Certain Cut–To-Length percent or less, by weight, and (3) none (A–427–816) Carbon–Quality Steel Plate from France, of the elements listed below is equal to India, Indonesia, Italy, Japan, and the or exceeds the quantity, by weight, Revocation of Antidumping Duty Republic of Korea; Final Results of the respectively indicated: 1.80 percent of Order: Certain Cut–To-Length Carbon– Expedited Sunset Reviews of the manganese, or 1.50 percent of silicon, or Quality Steel Plate from France Antidumping Duty Orders, 70 FR 45655 1.00 percent of copper, or 0.50 percent AGENCY: Import Administration, (August 8, 2005). of aluminum, or 1.25 percent of International Trade Administration, On November 21, 2005, the ITC chromium, or 0.30 percent of cobalt, or Department of Commerce. determined, pursuant to section 751(c) 0.40 percent of lead, or 1.25 percent of SUMMARY: Pursuant to section 751(c) of of the Act, that revocation of the AD nickel, or 0.30 percent of tungsten, or the Tariff Act of 1930, as amended (‘‘the order on CTL Plate from France would 0.10 percent of molybdenum, or 0.10 Act’’), the International Trade not be likely to lead to continuation or percent of niobium, or 0.41 percent of Commission (‘‘ITC’’), in its sunset recurrence of material injury to an titanium, or 0.15 percent of vanadium, review, determined that revocation of industry in the United States within a or 0.15 percent zirconium. All products the antidumping duty (‘‘AD’’) order on reasonably foreseeable time. See ITC that meet the written physical certain cut–to-length carbon–quality Determination and USITC Publication description, and in which the chemistry steel plate (‘‘CTL Plate’’) from France 3816 (November 2005), entitled Cut–to- quantities do not equal or exceed any would not be likely to lead to Length Carbon–Quality Steel Plate From one of the levels listed above, are within continuation or recurrence of material France, India, Indonesia, Italy, Japan, the scope of this order unless otherwise
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specifically excluded. The following This five-year (‘‘sunset’’) review and Results’’)), the following events have products are specifically excluded from notice are in accordance with section occurred: The Department of Commerce this order: (1) Products clad, plated, or 751(d)(2) and published pursuant to (‘‘the Department’’) invited interested coated with metal, whether or not section 777(i)(1) of the Act. parties to comment on the preliminary painted, varnished or coated with Dated: November 30, 2005. results of this review. No comments plastic or other non–metallic Stephen J. Claeys, were received. substances; (2) SAE grades (formerly Acting Assistant Secretary for Import Scope of the Order AISI grades) of series 2300 and above; Administration. (3) products made to ASTM A710 and The products covered by this order [FR Doc. 05–23739 Filed 12–6–05; 8:45 am] A736 or their proprietary equivalents; are imports of individually quick frozen (4) abrasion–resistant steels (i.e., USS BILLING CODE 3510–DS–S (‘‘IQF’’) whole or broken red raspberries AR 400, USS AR 500); (5) products from Chile, with or without the addition made to ASTM A202, A225, A514 grade DEPARTMENT OF COMMERCE of sugar or syrup, regardless of variety, S, A517 grade S, or their proprietary grade, size or horticulture method (e.g., equivalents; (6) ball bearing steels; (7) International Trade Administration organic or not), the size of the container tool steels; and (8) silicon manganese in which packed, or the method of steel or silicon electric steel. A–337–806 packing. The scope of the order excludes fresh red raspberries and block The merchandise subject to this order Individually Quick Frozen Red frozen red raspberries (i.e., puree, is currently classifiable in the HTSUS Raspberries from Chile: Notice of Final straight pack, juice stock, and juice under subheadings: 7208.40.3030, Results of Antidumping Duty concentrate). 7208.40.3060, 7208.51.0030, Administrative Review 7208.51.0045, 7208.51.0060, The merchandise subject to this order 7208.52.0000, 7208.53.0000, AGENCY: Import Administration, is currently classifiable under 7208.90.0000, 7210.70.3000, International Trade Administration, subheading 0811.20.2020 of the 7210.90.9000, 7211.13.0000, Department of Commerce. Harmonized Tariff Schedule of the 7211.14.0030, 7211.14.0045, SUMMARY: On July 29, 2005, the United States (‘‘HTSUS’’). Although the 7211.90.0000, 7212.40.1000, Department of Commerce published the HTSUS subheading is provided for 7212.40.5000, 7212.50.0000, preliminary results of the administrative convenience and customs purposes, the 7225.40.3050, 7225.40.7000, review of the antidumping duty order written description of the merchandise 7225.50.6000, 7225.99.0090, on individually quick frozen red under the order is dispositive. raspberries from Chile. The period of 7226.91.5000, 7226.91.7000, Period of Review 7226.91.8000, 7226.99.0000. Although review is July 1, 2003, through June 30, the HTSUS subheadings are provided 2004. This review covers sales of The period of review (‘‘POR’’) is July for convenience and customs purposes, individually quick frozen red 1, 2003, through June 30, 2004. the written description of the raspberries with respect to Fruticola Final Results of the Review merchandise covered by this order is Olmue, S.A.; Santiago Comercio These final results remain unchanged dispositive. Exterior Exportaciones Limitada; and Vital Berry Marketing, S.A. We provided from the Preliminary Results. We Determination interested parties with an opportunity to provided an opportunity for parties to comment on our preliminary results and As a result of the determination by the comment on the preliminary results of received no comments. Therefore, we ITC that revocation of this AD order is this review, but received no comments. find that the following percentage not likely to lead to continuation or The final results do not differ from the weighted–average margins exist for the recurrence of material injury to an preliminary results of this review. We period July 1, 2003, through June 30, industry in the United States, the will instruct the U.S. Customs and 2004: Department, pursuant to section 751(d) Border Protection to assess importer– of the Act, is revoking the AD order on specific antidumping duties on the subject merchandise exported by these Weighted–average CTL Plate from France. Pursuant to Exporter/manufacturer margin percentage section 751(d)(2) of the Act and 19 CFR companies. 351.222(i)(2)(i), the effective date of EFFECTIVE DATE: December 7, 2005. Fruticola Olmue, S.A. ... 0.09 (de minimis) revocation is February 10, 2005 (i.e., the FOR FURTHER INFORMATION CONTACT: Santiago Comercio Ex- fifth anniversary of the date of Yasmin Bordas, Cole Kyle, or Scott terior Exportaciones, publication in the Federal Register of Ltda.. Holland, AD/CVD Operations, Import Vital Berry, S.A...... 0.00 the notice of the AD order). The Administration, International Trade Department will notify U.S. Customs Administration, U.S. Department of Assessment Rates and Border Protection to discontinue Commerce, 14th Street and Constitution suspension of liquidation and collection Avenue, NW, Washington, DC 20230; The Department shall determine, and of cash deposits on entries of the subject telephone: (202) 482–3813, (202) 482– U.S. Customs and Border Protection merchandise entered or withdrawn from 1503, or (202) 482–1279, respectively. (‘‘CBP’’) shall assess, antidumping warehouse on or after February 10, SUPPLEMENTARY INFORMATION: duties on all appropriate entries. In 2005, the effective date of revocation of accordance with 19 CFR 351.212 (b)(1), the AD order. The Department will Background we have calculated exporter/importer complete any pending administrative Since the publication of the (or customer)-specific assessment rates reviews of this order and will conduct preliminary results of this review (see for merchandise subject to this review. administrative reviews of subject Notice of Preliminary Results of The Department will issue appraisement merchandise entered prior to the Antidumping Duty Administrative instructions directly to CBP within 15 effective date of revocation in response Review: Individually Quick Frozen Red days of publication of these final results to appropriately filed requests for Raspberries from Chile, 70 FR 44889 of review. We will direct CBP to assess review. (August 4, 2005) (‘‘Preliminary the resulting assessment rates against
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the entered customs values for the of their responsibility concerning the Background subject merchandise on each of that disposition of proprietary information On June 3, 2005, the Department importer’s entries during the POR. For disclosed under APO in accordance published in the Federal Register the assessment purposes, we will calculate with 19 CFR 351.305(a)(3), which preliminary results of the fifth importer–specific assessment rates for continues to govern business administrative review of the the subject merchandise by aggregating proprietary information in this segment antidumping duty order on SSPC from the dumping duties due for all U.S. of the proceeding. Timely written Belgium. See Preliminary Results. Since sales to each importer and dividing the notification of return/destruction of the Preliminary Results, the following amount by the total entered value of the APO material or conversion to judicial events have occurred. On July 14, 2005, sales to that importer during the POR. protective order is hereby requested. U&A Belgium (Respondent) requested The following cash deposit Failure to comply with the regulation that the Department extend the due requirements will be effective for all and the terms of an APO is a dates for briefs until July 22, 2005, and shipments of the subject merchandise sanctionable violation. rebuttal briefs until July 27, 2005. Based entered, or withdrawn from warehouse, This administrative review and notice on the reasons in Respondent’s letter, for consumption on or after the are published in accordance with the Department extended the deadline publication date of the final results of sections 751(a)(1) and 777(i)(1) of the for briefs until July 22, 2005, and the this administrative review, as provided Act and 19 CFR 351.221(b)(5). rebuttal briefs until July 29, 2005. Case by section 751(a)(1) of the Act: (1) the Dated: December 1, 2005. cash deposit rates for the reviewed briefs from Respondent and Allegheny Stephen Claeys, companies will be those established Ludlum, AK Steel Corporation, Butler above in the ‘‘Final Results of the Acting Assistant Secretary for Import Armco Independent Union, United Administration. Review’’ section of this notice, except if Steelworkers of America, AFL–CIO/ the rate is less than 0.50 percent and, [FR Doc. 05–23737 Filed 12–6–05; 8:45 am] CLC, and Zanesville Armco therefore, de minimis within the BILLING CODE 3510–DS–S Independent Organization (collectively, meaning of 19 CFR 351.106(c)(1), in Petitioners) were timely filed. which case the cash deposit rate will be In the Preliminary Results, the DEPARTMENT OF COMMERCE zero; (2) if the exporter is not a firm Department stated that it would issue a supplemental questionnaire to covered in this review, but was covered International Trade Administration in a previous review, or the original Respondent requesting that it clarify a investigation, the cash deposit rate will A–423–808 difference between the volume of sales continue to be the company–specific reported in its database, and the volume Stainless Steel Plate in Coils from rate published for the most recent and value of entries observed by the Belgium: Final Results of Antidumping period; (3) if the exporter is not a firm Department from U.S. Customs and Duty Administrative Review covered in this review, a previous Border Protection (CBP) data. The review, or the original investigation, but AGENCY: Import Administration, Department issued three supplemental the manufacturer is, the cash deposit International Trade Administration, questionnaires on this issue and rate will be the rate established for the U.S. Department of Commerce. received responses from Respondent on most recent period for the manufacturer SUMMARY: On June 3, 2005, the July 1, 2005, to the Department’s May of the merchandise; and (4) the cash Department of Commerce (the 27, 2005 questionnaire; August 19, deposit rate for all other manufacturers Department) published the preliminary 2005, to the Department’s August 2, and/or exporters shall continue to be results of the fifth administrative review 2005 questionnaire; and September 21, 6.33 percent, the ‘‘all others’’ rate made of the antidumping duty order on 2005, and September 27, 2005, (in two effective by the less–than-fair–value stainless steel plate in coils (SSPC) from parts) to the Department’s September investigation. See 67 FR 45460 (July 9, Belgium. See Stainless Steel Plate in 13, 2005 questionnaire. Petitioners 2002). Coils from Belgium: Preliminary Results commented on these responses on These requirements, when imposed, of Antidumping Duty Review, 70 FR September 28, 2005, and October 11, shall remain in effect until publication 32573 (June 3, 2005) (‘‘Preliminary 2005. Three of these supplemental of the final results of the next Results’’). This review covers one questionnaire responses were received administrative review. producer/exporter, Ugine & ALZ after the due dates for case and rebuttal briefs. As such, on October 28, 2005, we Notification to Importers Belgium, NV (U&A Belgium), of the subject merchandise. The period of established a briefing schedule for the This notice serves as a final reminder review (POR) is May 1, 2003, through issues that surfaced as a result of to importers of their responsibility April 30, 2004. Based on our analysis of Respondent’s questionnaire responses under 19 CFR 402(f)(2) to file a the comments received, we have made being submitted after the Preliminary certificate regarding the reimbursement changes to the Preliminary Results. For Results. On November 4, 2005, and of antidumping duties prior to the final dumping margins see the November 9, 2005, we received briefs liquidation of the relevant entries ‘‘Final Results of Review’’ section and rebuttal briefs for the issues raised during this review period. Failure to below. in Respondent’s supplemental comply with this requirement could questionnaire responses. EFFECTIVE DATE: December 7, 2005. result in the Secretary’s presumption Analysis of Comments Received that reimbursement of antidumping FOR FURTHER INFORMATION CONTACT: Toni duties occurred and the subsequent Page or Scott Lindsay at (202) 482–1398 The issues raised in all case briefs, assessment of double antidumping or (202) 482–0780, respectively; Office rebuttal briefs, and additional comments duties. of AD/CVD Operations 6, Import by parties to this administrative review Administration, International Trade are addressed in the Issues and Decision Notification Regarding APOs Administration, U.S. Department of Memorandum for the Final Results of This notice also serves as the only Commerce, 14th Street and Constitution the Fifth Administrative Review of the reminder to parties subject to the Avenue, NW, Washington DC 20230. Antidumping Duty Order on Stainless administrative protective order (‘‘APO’’) SUPPLEMENTARY INFORMATION: Steel Plate in Coils from Belgium, from
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Stephen J. Claeys, Deputy Assistant changes in the calculations for the final importer of the subject merchandise for Secretary for Import Administration to dumping margin. The changes made each respondent. Upon issuance of the Joseph A. Spetrini, Acting Assistant since the Preliminary Results are listed final results of this administrative Secretary for Import Administration under the ‘‘List of Issues’’ which is review, if any importer–specific (November 30, 2005) (Decision appended to this notice. The changes assessment rates calculated in the final Memorandum), which is hereby are discussed in detail in the Decision results are above de minimis (i.e., at or adopted by this notice. A list of the Memorandum and the Memorandum to above 0.5 percent), the Department will issues addressed in the Decision the File Through Thomas Gilgunn from issue appraisement instructions directly Memorandum is appended to this Toni Page and Scott Lindsay: Analysis to CBP to assess antidumping duties on notice. The Decision Memorandum is on for Ugine & ALZ, N.V. Belgium (U&A appropriate entries. file in the Central Records Unit (CRU), Belgium) for the Final Results of the To determine whether the duty room B–099 of the Department of Fifth Administrative Review of Stainless assessment rates covering the period Commerce main building and can be Steel Plate in Coils (SSPC) from Belgium were de minimis, in accordance with accessed directly at http:// (November 30, 2005) (Final Analysis the requirement set forth in 19 CFR ia.ita.doc.gov/frn. The paper copy and Memo). 351.106(c)(2), for each respondent we electronic version of the Decision calculated importer (or customer)- Use of Facts Available Memorandum are identical in content. specific ad valorem rates by aggregating The record of this review shows that the dumping margins calculated for all Scope of the Antidumping Duty Order Respondent did not report certain sales U.S. sales to that importer or customer The product covered by this order is of SSPC with a nominal thickness of and dividing this amount by the total certain stainless steel plate in coils. 4.75 mm or greater. Section 776(a)(2)(A) value of the sales to that importer (or Stainless steel is an alloy steel of the Act provides that the Department customer). Where an importer (or containing, by weight, 1.2 percent or shall use facts otherwise available if a customer)-specific ad valorem rate is less of carbon and 10.5 percent or more respondent ‘‘withholds information that greater than de minimis, and the of chromium, with or without other has been requested by the administering respondent has reported reliable entered elements. The subject plate products are authority.’’ Since Respondent has values, we apply the assessment rate to flat–rolled products, 254 mm or over in withheld information requested by the the entered value of the importer’s/ width and 4.75 mm or more in Department, the application of partial customer’s entries during the review thickness, in coils, and annealed or facts otherwise available under section period. Where an importer (or otherwise heat treated and pickled or 776(a)(2)(A) of the Act is warranted. customer)- specific ad valorem rate is otherwise descaled. The subject plate However, we note that Respondent’s greater than de minimis and we do not may also be further processed (e.g., decision to exclude sales of nominal have reliable entered values, we cold–rolled, polished, etc.) provided SSPC in this review relied, in part, on calculate a per–unit assessment rate by that it maintains the specified the Department’s acceptance of aggregating the dumping duties due for dimensions of plate following such Respondent’s exclusion of nominal all U.S. sales to each importer (or processing. Excluded from the scope of SSPC sales in prior reviews of this customer) and dividing this amount by this order are the following: (1) Plate not order. As such, the Department is not the total quantity sold to that importer in coils; (2) Plate that is not annealed or applying adverse facts available (or customer). The Department will otherwise heat treated and pickled or pursuant to section 776(b) of the Act. issue appropriate assessment otherwise descaled; (3) Sheet and strip; See the Decision Memorandum at instructions directly to CBP within 15 and (4) Flat bars. Comment 9 for a more complete days of the final results of this review. The merchandise subject to this order discussion of the Department’s analysis. Cash Deposit Requirements is currently classifiable in the As partial facts available, we have Harmonized Tariff Schedule of the applied the weighted–averaged margin The following antidumping duty United States (HTSUS) at subheadings: calculated using U&A Belgium’s deposit rates will be effective upon 7219.11.00.30, 7219.11.00.60, reported U.S. sales to U&A Belgium’s publication of the final results of this 7219.12.00.06, 7219.12.00.21, unreported sales of nominal SSPC. administrative review for all shipments 7219.12.00.26, 7219.12.00.51, For a more complete discussion of the of SSPC from Belgium entered, or 7219.12.00.56, 7219.12.00.66, Department’s use of partial facts withdrawn from warehouse, for 7219.12.00.71, 7219.12.00.81, otherwise available, see the public consumption on or after the publication 7219.31.00.10, 7219.90.00.10, version of Final Analysis Memo. date of these final results, as provided 7219.90.00.20, 7219.90.00.25, for by section 751(a)(1) of the Act: (1) for 7219.90.00.60, 7219.90.00.80, Final Results of Review U&A Belgium, the cash deposit rate will 7220.11.00.00, 7220.20.10.10, As a result of our review, we be the rate established in the final 7220.20.10.15, 7220.20.10.60, determine that the following weighted– results of this review; (2) if the exporter 7220.20.10.80, 7220.20.60.05, average margin exists for the period May is not a firm covered in this review, but 7220.20.60.10, 7220.20.60.15, 1, 2003, through April 30, 2004: was covered in a previous review or the 7220.20.60.60, 7220.20.60.80, original less–than-fair–value (LTFV) investigation, the cash deposit rate will 7220.90.00.10, 7220.90.00.15, Manufacturer/Exporter Margin 7220.90.00.60, and 7220.90.00.80. (percent) continue to be the company–specific rate established for the most recent Although the HTSUS subheadings are Ugine & ALZ Belgium, NV ...... 2.96 provided for convenience and customs period; (3) if the exporter is not a firm covered in this review, a prior review, purposes, the written description of the Duty Assessment merchandise subject to these orders is or the LTFV investigation, but the dispositive. The Department shall determine and manufacturer is, the cash deposit rate CBP shall assess antidumping duties on will be the rate established for the most Changes Since the Preliminary Results all appropriate entries. Pursuant to 19 recent period for the manufacturer of Based on our analysis of the CFR 351.212(b)(1), the Department the subject merchandise; and (4) if comments received, we have made calculates an assessment rate for each neither the exporter nor the
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manufacturer is a firm covered by this 9. Application of Facts Available interpretation or other auxiliary aids review, a prior review, or the LTFV [FR Doc. 05–23740 Filed 12–6–05; 8:45 am] should be directed to Alan Kinsolving investigation, the cash deposit rate shall BILLING CODE 3510–DS–S (see FOR FURTHER INFORMATION). be the all others rate established in the Dated: December 1, 2005. LTFV investigation, which is 9.86 Alan D. Risenhoover, percent ad valorem, the ‘‘all others’’ DEPARTMENT OF COMMERCE Acting Director, Office of Sustainable rate. See Notice of Final Determination Fisheries, National Marine Fisheries Service. of Sales at Less Than Fair Value: National Oceanic and Atmospheric [FR Doc. 05–23736 Filed 12–6–05; 8:45 am] Stainless Steel Plate in Coils from Administration BILLING CODE 3510–22–S Belgium, 64 FR 15476 (March 31, 1999). [I.D. 112305C] These deposit rates, when imposed, shall remain in effect until publication Fisheries of the Exclusive Economic of the final results of the next Zone Off Alaska; Public Workshop DEPARTMENT OF EDUCATION administrative review. AGENCY: National Marine Fisheries Notification to Importers Service (NMFS), National Oceanic and Office of English Language Acquisition, Language Enhancement, This notice serves as a final reminder Atmospheric Administration (NOAA), Commerce. and Academic Achievement for to importers of their responsibility Limited English Proficient Students; ACTION: under 19 CFR 351.402(f)(2) to file a Notice; public workshop. Overview Information; Native American certificate regarding the reimbursement SUMMARY: NMFS will present a and Alaska Native Children in School of antidumping duties prior to workshop on proposed catch- Program; Notice Inviting Applications liquidation of the relevant entries monitoring standards for the non- for New Awards for Fiscal Year (FY) during this review period. Failure to American Fisheries Act (AFA) trawl 2006 comply with this requirement could catcher/processor sector. These result in the Secretary’s presumption Catalog of Federal Domestic standards are necessary to support that reimbursement of antidumping Assistance (CFDA) Number: 84.365C. proposed groundfish and prohibited duties occurred and the subsequent species allocations to these sectors that Dates: Applications Available: assessment of doubled antidumping are under consideration by the North December 5, 2005. duties. Pacific Fishery Management Council. Deadline for Notice of Intent to Apply: December 30, 2005. Notification Regarding APOs DATES: The workshop will be held on Deadline for Transmittal of This notice also serves as a reminder December 16, 2005, from 10 a.m. to 1 p.m. local time. Applications: January 18, 2006. to parties subject to administrative Deadline for Intergovernmental ADDRESSES: The workshop will be held protective orders (APO) of their Review: March 18, 2006. at the Nordby Center, in Fishermen’s responsibility concerning the Eligible Applicants: The following terminal, 1711 W Nickerson St., Seattle, disposition of proprietary information entities, when they operate elementary, WA. disclosed under APO in accordance secondary, and postsecondary schools with 19 CFR 351.305(a)(5). Timely FOR FURTHER INFORMATION CONTACT: primarily for Native American children written notification of the return/ Alan Kinsolving, 928–774–4362. (including Alaska Native children), are destruction of APO materials or SUPPLEMENTARY INFORMATION: The North eligible applicants under this program: conversion to judicial protective order is Pacific Fisheries Management Council is Indian tribes; tribally sanctioned hereby requested. Failure to comply developing proposed Amendment 80 to educational authorities; Native with the regulations and terms of an the Groundfish of the Bering Sea and Hawaiian or Native American Pacific APO is a sanctionable violation. Aleutian Islands Management Area Islander native language educational This administrative review and notice Fishery Management Plan (FMP). organizations; elementary schools or are in accordance with sections Amendment 80 would allocate secondary schools that are operated or 751(a)(1) and 777(i)(1) of the Act. prohibited species and target species funded by the Bureau of Indian Affairs Dated: November 30, 2005. other than Pacific cod and pollock to (BIA), or a consortium of such schools; trawl catcher/processor vessels that are Stephen J. Claeys, elementary schools or secondary not qualified to fish for pollock under schools operated under a contract with Acting Assistant Secretary for Import the AFA. One aspect of the analysis of Administration. or grant from the BIA in consortium alternatives being developed for with another such school or a tribal or APPENDIX Amendment 80 includes options for community organization; and List of Issues catch monitoring, weighing, and elementary schools or secondary accounting standards for the non-AFA schools operated by the BIA and an 1. Major Inputs trawl catcher/processor sector. On June institution of higher education (IHE), in 2. U.S. Warehousing Expenses 27, 2005, NMFS conducted a workshop consortium with elementary schools or 3. Offsetting Margins with Above– on the proposed standards and obtained secondary schools operated under a Normal-Value Transactions comments from industry on various contract with or a grant from the BIA or 4. Prime and Non–Prime Merchandise options. NMFS is conducting the a tribal or community organization. December 16, 2005, workshop so that 5. Revised Entered Values interested industry members may Note: Any eligible entity that receives 6. CEP Offset provide further guidance to NMFS on Federal financial assistance under this 7. Duty Assessment program is not eligible to receive a subgrant the development and implementation of under section 3114 of Title III of the 8. Whether Sales of SSPC with a these standards. Elementary and Secondary Education Act of Nominal Thickness of 4.75 mm or This workshop is physically 1965 (ESEA), as amended by the No Child Greater Regardless of Actual Thickness accessible to people with disabilities. Left Behind Act of 2001 (Pub. L. 107– Should Have Been Reported Requests for sign language 110)(NCLB).
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Note: Eligible applicants seeking to apply Estimated Number of Awards: 33. Notice of Intent to Apply: If you as a consortium should read and follow the intend to apply for a grant under this regulations in 34 CFR 75.127 through 75.129. Note: The Department is not bound by any estimates in this notice. competition, contact Patrice Swann: Estimated Available Funds: Telephone: (202) 245–7130 or by e-mail: $4,950,000. Project Period: Up to 60 months. [email protected]. Estimated Range of Awards: III. Eligibility Information Note: We do not consider an application $100,000–$175,000. that does not comply with the deadline Estimated Average Size of Awards: 1. Eligible Applicants: The following entities, when they operate elementary, requirements. However, we will consider an $150,000. application submitted by the deadline date Estimated Number of Awards: 33. secondary, and postsecondary schools for transmittal of applications, even if the primarily for Native American children applicant did not provide us notice of its Note: The Department is not bound by any (including Alaska Native children), are estimates in this notice. intent to apply. Page Limit: The application eligible applicants under this program: narrative (Part III of the application) is where Project Period: Up to 60 months. Indian tribes; tribally sanctioned you, the applicant, address the selection educational authorities; Native criteria that reviewers use to evaluate your Full Text of Announcement Hawaiian or Native American Pacific application. You must limit Part III to the I. Funding Opportunity Description Islander native language educational equivalent of no more than 35 pages using the following standards. Purpose of Program: The purpose of organizations; elementary schools or this program is to provide grants for secondary schools that are operated or • A ‘‘page’’ is 8.5’’ x 11’’, on one side eligible entities to develop high levels of funded by the BIA, or a consortium of only, with 1’’ margins at the top, academic attainment in English among such schools; elementary schools or bottom, and both sides. limited English proficient (LEP) secondary schools operated under a • Double space (no more than three children, and to promote parental and contract with or grant from the BIA in lines per vertical inch) all text in the community participation in language consortium with another such school or application narrative, including titles, instruction educational programs. a tribal or community organization; and headings, footnotes, quotations, Priorities: Under this competition we elementary schools or secondary references, and captions, as well as all are particularly interested in schools operated by the BIA and an IHE, text in charts, tables, figures, and applications that address the following in consortium with elementary schools graphs. priorities. or secondary schools operated under a • Use a font that is either 12 point or Invitational Priorities: For FY 2006 contract with or a grant from the BIA or larger or no smaller than 10 pitch these priorities are invitational a tribal or community organization. (characters per inch). The page limit does not apply to Part priorities. Under 34 CFR 75.105(c)(1) we Note: Any eligible entity that receives do not give an application that meets Federal financial assistance under this I, the cover sheet; Part II, the budget these invitational priorities a program is not eligible to receive a subgrant section, including the narrative budget competitive or absolute preference over under section 3114 of Title III of the ESEA, justification; Part IV, the assurances and other applications. as amended by NCLB. certifications; or the one-page abstract. These priorities are: However, you must include all of the Invitational Priority 1. Applications Note: Eligible applicants applying as a application narrative in Part III. that propose to prepare teachers to more consortium should read and follow the We will reject your application if— regulations in 34 CFR 75.127 through 75.129. effectively involve parents and • You apply these standards and community groups in school 2. Cost Sharing or Matching: This exceed the page limit; or improvement. competition does not involve cost • You apply other standards and Invitational Priority 2. Applications sharing or matching. exceed the equivalent of the page limit. that propose instructional services at the 3. Submission Dates and Times: IV. Application and Submission secondary school level that are designed Applications Available: December 5, Information to reduce the high school drop-out rate 2005. of LEP students. 1. Address to Request Application Deadline for Notice of Intent to Apply: Program Authority: 20 U.S.C. Package: Patrice Swann, U.S. December 30, 2005. 6821(c)(1)(A)–6822. Department of Education, 400 Maryland Deadline for Transmittal of Applicable Regulations: The Ave, SW., Potomac Center Plaza, room Applications: January 18, 2006. Education Department General 10070, Washington, DC 20202–6510. Applications for grants under this Administrative Regulations (EDGAR) in Telephone: (202) 245–7130, or by e- program may be submitted 34 CFR parts 74, 75, 77, 79, 80, 81, 82, mail: [email protected]. electronically using the Grants.gov Web 84, 85, 86, 97, and 99. If you use a telecommunications site (Grants.gov), or in paper format by device for the deaf (TDD), you may call mail or hand delivery. For information Note: The regulations in 34 CFR part 79 the Federal Relay Service (FRS) at 1– (including dates and times) about how apply to all applicants except federally recognized Indian tribes. 800–877–8339. to submit your application Individuals with disabilities may electronically, or by mail or hand Note: The regulations in 34 CFR part 86 obtain a copy of the application package delivery, please refer to section IV. 6. apply to IHEs only. in an alternative format (e.g., Braille, Other Submission Requirements in this large print, audiotape, or computer notice. II. Award Information diskette) by contacting the program Deadline for Intergovernmental Type of Award: Discretionary grants. contact person listed in this section. Review: March 18, 2006. Estimated Available Funds: 2. Content and Form of Application 4. Intergovernmental Review: This $4,950,000. Submission: Requirements concerning program is subject to Executive Order Estimated Range of Awards: the content of an application, together 12372 and the regulations in 34 CFR $100,000–$175,000. with the forms you must submit, are in part 79. Information about Estimated Average Size of Awards: the application package for this Intergovernmental Review of Federal $150,000. program. programs under Executive Order 12372
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is in the application package for this was date/time stamped by the • We may request that you provide us competition. Grants.gov system after 4:30 p.m., original signatures on forms at a later 5. Funding Restrictions: We reference Washington, DC time, on the date. regulations outlining funding application deadline date. Application Deadline Date Extension restrictions in the Applicable • The amount of time it can take to in Case of System Unavailability: Regulations section of this notice. upload an application will vary If you are prevented from 6. Other Submission Requirements: depending on a variety of factors electronically submitting your Applications for grants under this including the size of the application and application on the application deadline competition may be submitted the speed of your Internet connection. date because of technical problems with electronically or in paper format by mail Therefore, we strongly recommend that the Grants.gov system, we will grant you or hand delivery. you do not wait until the application an extension until 4:30 p.m., a. Electronic Submission of deadline date to begin the application Washington, DC time, the following Applications. We have been accepting process through Grants.gov. business day to enable you to transmit applications electronically through the • You should review and follow the your application electronically, or by Department’s e-Application system Education Submission Procedures for hand delivery. You also may mail your since FY 2000. In order to expand on submitting an application through application by following the mailing those efforts and comply with the Grants.gov that are included in the instructions as described elsewhere in President’s Management Agenda, we are application package for this competition this notice. If you submit an application continuing to participate as a partner in to ensure that you submit your after 4:30 p.m., Washington, DC time, on the new government wide Grants.gov application in a timely manner to the the deadline date, please contact the Apply site in FY 2006. The Native Grants.gov system. You can also find the person listed elsewhere in this notice American and Alaska Native Children Education Submission Procedures under FOR FURTHER INFORMATION in School Program-CFDA Number pertaining to Grants.gov at http://e- CONTACT, and provide an explanation of 84.365C is one of the programs included Grants.ed.gov/help/ the technical problem you experienced in this project. We request your GrantsgovSubmissionProcedures.pdf with Grants.gov, along with the • participation in Grants.gov. To submit your application through Grants.gov Support Desk Case Number If you choose to submit your Grants.gov, you must complete the steps (if available). We will accept your application electronically, you must use in the Grants.gov registration process application if we can confirm that a the Grants.gov Apply site at http:// (see http://www.Grants.gov/GetStarted) technical problem occurred with the www.Grants.gov. Through this site, you and provide on your application the Grants.gov system and that that problem will be able to download a copy of the same D–U–N–S number used with the affected your ability to submit your application package, complete it offline, registration. Please note that the application by 4:30 p.m., Washington, and then upload and submit your registration process may take five or DC time, on the application deadline application. You may not e-mail an more business days to complete. • date. The Department will contact you electronic copy of a grant application to You will not receive additional after a determination is made on us. point value because you submit your whether your application will be You may access the electronic grant application in electronic format, nor accepted. application for The Native American will we penalize you if you submit your and Alaska Native Children in School application in paper format. Note: Extensions referred to in this section Program at: http://www.Grants.gov. You • You may submit all documents apply only to the unavailability of or must search for the downloadable electronically, including all information technical problems with the Grants.gov system. We will not grant you an extension application package for this program by typically included on the Application for Federal Education Assistance (ED if you failed to fully register to submit your the CFDA number. Do not include the application to Grants.gov before the deadline CFDA number’s alpha suffix in your 424), Budget Information—Non- date and time or if the technical problem you search. Construction Programs (ED 524), and all experienced is unrelated to the Grants.gov Please note the following: necessary assurances and certifications. system. • Your participation in Grants.gov is If you choose to submit your application voluntary. electronically, you must attach any b. Submission of Paper Applications • When you enter the Grants.gov site, narrative sections of your application as by Mail. If you submit your application you will find information about files in a .DOC (document), .RTF (rich in paper format by mail (through the submitting an application electronically text) or .PDF (Portable Document) U.S. Postal Service or a commercial through the site, as well as the hours of format. If you upload a file type other carrier), you must mail the original and operation. than the three file types specified above two copies of your application, on or • Applications received by Grants.gov or submit a password protected file, we before the application deadline date, to are time and date stamped. Your will not review that material. the Department at the applicable application must be fully uploaded and • Your electronic application must following address: submitted and must be date/time comply with any page limit By mail through the U.S. Postal stamped by the Grants.gov system no requirements described in this notice. Service: U.S. Department of Education, later than 4:30 p.m., Washington, DC • After you electronically submit Application Control Center, Attention: time, on the application deadline date. your application, you will receive an (CFDA Number 84.365C), 400 Maryland Except as otherwise noted in this automatic acknowledgement from Avenue, SW., Washington, DC 20202– section, we will not consider your Grants.gov that contains a Grants.gov 4260. application if it is date/time stamped by tracking number. The Department will or the Grants.gov system later than 4:30 retrieve your application from By mail through a commercial carrier: p.m., Washington, DC time, on the Grants.gov and send you a second U.S. Department of Education, application deadline date. When we confirmation by e-mail that will include Application Control Center—Stop 4260, retrieve your application from a PR/Award number (an ED-specified Attention: (CFDA Number 84.365C), Grants.gov, we will notify you if we are identifying number unique to your 7100 Old Landover Road, Landover, MD rejecting your application because it application). 20785–1506.
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Regardless of which address you use, of the ESEA, as amended by NCLB. The quality of the design of the proposed you must show proof of mailing maximum score for all of these criteria project. In determining the quality of the consisting of one of the following: is 100 points. The maximum score for design of the proposed project, the (1) A legibly dated U.S. Postal Service each criterion is indicated in Secretary considers the following postmark, parentheses. factors: (2) A legible mail receipt with the (a) Project activities. (15 points) The (1) The extent to which the goals, date of mailing stamped by the U.S. Secretary reviews each application to objectives, and outcomes to be achieved Postal Service, determine how well the applicant by the proposed project are clearly (3) A dated shipping label, invoice, or proposes to carry out activities that specified and measurable. receipt from a commercial carrier, or will— (2) The extent to which the design of (4) Any other proof of mailing (1) Increase the English language the proposed project is appropriate to, acceptable to the Secretary of the U.S. proficiency of LEP children by and will successfully address, the needs Department of Education. providing high-quality language of the target population or other If you mail your application through instruction educational programs that identified needs. the U.S. Postal Service, we do not are based on scientifically based (3) The extent to which the proposed accept either of the following as proof research demonstrating the effectiveness project is designed to build capacity and of mailing: of the programs in increasing English yield results that will extend beyond the (1) A private metered postmark, or proficiency and student academic period of Federal financial assistance. (2) A mail receipt that is not dated by achievement in core academic subjects; (4) The extent to which the design of the U.S. Postal Service. (2) Provide high-quality professional the proposed project reflects up-to-date If your application is postmarked after development to classroom teachers knowledge from research and effective the application deadline date, we will (including teachers in classroom practice. not consider your application. settings of language instruction (5) The extent to which the proposed Note: The U.S. Postal Service does not educational programs), principals, project is part of a comprehensive effort uniformly provide a dated postmark. Before administrators, and other school or to improve teaching and learning and to relying on this method, you should check community-based organizational support rigorous academic standards for with your local post office. personnel, that is— students. (i) Designed to improve the quality of (6) The quality of the proposed c. Submission of Paper Applications instruction to and assessment of LEP by Hand Delivery. If you submit your demonstration design and procedures children; for documenting project activities and application in paper format by hand (ii) Designed to enhance the ability of results. delivery, you (or a courier service) must such teachers to understand and use (7) The extent to which the proposed deliver the original and two copies of curricula, assessment measures, and project encourages parental your application by hand, on or before instructional strategies for LEP children; involvement. the application deadline date, to the and Department at the following address: (iii) Based on scientifically based (8) The quality of the methodology to U.S. Department of Education, research demonstrating the effectiveness be employed in the proposed project. Application Control Center, Attention: of the professional development in (e) Quality of project personnel. (10 (CFDA Number 84.365C), 550 12th substantially increasing these teachers’ Points) The Secretary considers the Street, SW., Room 7041, Potomac Center subject matter knowledge, teaching quality of the personnel who will carry Plaza, Washington, DC 20202–4260. knowledge, and teaching skills. out the proposed project. In determining The Application Control Center (b) Need for project. (10 points) The the quality of project personnel, the accepts hand deliveries daily between 8 Secretary considers the need for the Secretary considers the extent to which a.m. and 4:30 p.m., Washington, DC proposed project. In determining the the applicant encourages applications time, except Saturdays, Sundays and need for the proposed project, the for employment from persons who are Federal holidays. Secretary considers the following members of groups that have factors: traditionally been underrepresented Note for Mail or Hand Delivery of Paper based on race, color, national origin, Applications: If you mail or hand deliver (1) The magnitude or severity of the your application to the Department: problem to be addressed by the gender, age, or disability. In addition, (1) You must indicate on the envelope proposed project. the Secretary considers the following and—if not provided by the Department—in (2) The magnitude of the need for the factors: Item 4 of the Application for Federal services to be provided or the activities (1) The qualifications, including Education Assistance (ED 424) the CFDA to be carried out by the proposed relevant training and experience, of the number—and suffix letter, if any—of the project. project director. competition under which you are submitting (3) The extent to which the proposed (2) The qualifications, including your application. project will provide services or relevant training and experience, of key (2) The Application Control Center will project personnel. mail a grant application receipt otherwise address the needs of students acknowledgment to you. If you do not receive at risk of educational failure. (3) The qualifications, including the grant application receipt (c) Significance. (5 points) The relevant training and experience, of acknowledgment within 15 business days Secretary considers the significance of project consultants or subcontractors. from the application deadline date, you the proposed project. In determining the (f) Adequacy of resources. (10 points) should call the U.S. Department of Education significance of the proposed project, the The Secretary considers the adequacy of Application Control Center at (202) 245– Secretary considers the importance or resources for the proposed project. In 6288. magnitude of the results or outcomes determining the adequacy of resources likely to be attained by the proposed for the proposed project, the Secretary V. Application Review Information project, especially improvements in considers the following factors: Selection Criteria: The selection teaching and student achievement. (1) The extent to which the budget is criteria for this competition are from 34 (d) Quality of the project design. (15 adequate to support the proposed CFR 75.210 of EDGAR and section 3115 points) The Secretary considers the project.
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(2) The extent to which the costs are If your application is not evaluated or Format (PDF) on the Internet at the reasonable in relation to the objectives, not selected for funding, we notify you. following site: http://www.ed.gov/news/ design, and potential significance of the 2. Administrative and National Policy fedregister. proposed project. Requirements: We identify To use PDF you must have Adobe (3) The extent to which the costs are administrative and national policy Acrobat Reader, which is available free reasonable in relation to the number of requirements in the application package at this site. If you have questions about persons to be served and to the and reference these and other using PDF, call the U.S. Government anticipated results and benefits. requirements in the Applicable Printing Office (GPO), toll free, at 1– (g) Quality of the management plan. Regulations section of this notice. 888–293–6498; or in the Washington, (15 points) The Secretary considers the We reference the regulations outlining DC, area at (202) 512–1530. quality of the management plan for the the terms and conditions of an award in proposed project. In determining the the Applicable Regulations section of Note: The official version of this document this notice and include these and other is the document published in the Federal quality of the management plan for the Register. Free Internet access to the official proposed project, the Secretary specific conditions in the GAN. The edition of the Federal Register and the Code considers the following factors: GAN also incorporates your approved of Federal Regulations is available on GPO (1) The adequacy of the management application as part of your binding Access at: http://www.gpoaccess.gov/nara/ plan to achieve the objectives of the commitments under the grant. index.html. proposed project on time and within 3. Reporting: At the end of your budget, including clearly defined project period, you must submit a final Dated: November 30, 2005. responsibilities, timelines, and performance report, including financial Kathleen Leos, milestones for accomplishing project information, as directed by the Assistant Deputy Secretary and Director, tasks. Secretary. If you receive a multi-year Office of English Language Acquisition, (2) The extent to which the time award, you must submit an annual Language Enhancement, and Academic commitments of the project director and performance report that provides the Achievement for Limited English Proficient other key project personnel are most current performance and financial Students. appropriate and adequate to meet the expenditure information as specified by [FR Doc. E5–7011 Filed 12–6–05; 8:45 am] objectives of the proposed project. the Secretary in 34 CFR 75.118. BILLING CODE 4000–01–P (3) The adequacy of procedures for 4. Performance Measures: The ensuring feedback and continuous performance measures for the Native improvement in the operation of the American and Alaska Native Children DEPARTMENT OF EDUCATION proposed project. in School Program are: [CFDA Nos: 84.334A and 84.334S] (h) Quality of the project evaluation. (1) The percentage of limited English (20 points) The Secretary considers the proficiency (LEP) students in the Office of Postsecondary Education, quality of the evaluation to be program who make gains in English. Teacher and Student Development conducted of the proposed project. In (2) The percentage of LEP students in Program Service; Grants and determining the quality of the the program who make gains in core Cooperative Agreements; Availability, evaluation, the Secretary considers the academic subjects. etc. following factors: Grantees will be expected to report on (1) The extent to which the methods progress in meeting these performance ACTION: Notice Announcing Technical of evaluation are thorough, feasible, and measures for the Native American and Assistance Workshops for fiscal year appropriate to the goals, objectives, and Alaska Native Children in School (FY) 2006 Gaining Early Awareness and outcomes of the proposed project. Program in their Annual Performance Readiness for Undergraduate Programs (2) The extent to which the methods Report and in their Final Performance (GEAR UP) program. of evaluation include the use of Report. objective performance measures that are SUMMARY: The Department expects to VII. Agency Contact clearly related to the intended outcomes hold competitions for new State and of the project and will produce FOR FURTHER INFORMATION CONTACT: Partnership grants under the GEAR UP quantitative and qualitative data to the Trini Torres, 400 Maryland Avenue, program in FY 2006. This notice extent possible. SW., Potomac Center Plaza, room 1082, provides information about four one-day (3) The extent to which the methods Washington, DC 20202–6510. technical assistance workshops to assist of evaluation provide for examining the Telephone: (202) 245–7134, or by e- institutions of higher education, local effectiveness of project implementation mail: [email protected]. educational agencies, and States strategies. If you use a telecommunications interested in preparing grant (4) The extent to which the methods device for the deaf (TDD), you may call applications for FY 2006 new awards of evaluation will provide timely the Federal Relay Service (FRS) at 1– under the Gaining Early. Program staff guidance for quality assurance. 800–877–8339. will present information about the (5) The extent to which the methods Individuals with disabilities may purpose of the GEAR UP Program, of evaluation will provide performance obtain this document in an alternative selection criteria, application content, feedback and permit periodic format (e.g., Braille, large print, submission procedures, and reporting assessment of progress toward achieving audiotape, or computer diskette) on requirements. intended outcomes. request to the program contact person Although the Department has not yet listed in this section. announced an application deadline date VI. Award Administration Information in the Federal Register for the FY 2006 1. Award Notices: If your application VIII. Other Information competitions, the Department is holding is successful, we notify your U.S. Electronic Access to This Document: these workshops to give potential Representative and U.S. Senators and You may view this document, as well as applicants guidance for preparing send you a Grant Award Notification all other documents of this Department applications for the competitions we (GAN). We may also notify you published in the Federal Register, in expect to conduct in FY 2006. Specific informally. text or Adobe Portable Document requirements for the FY 2006
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competitions will be published in a disabilities. If you need an auxiliary aid level of funding, if any, depends on separate Federal Register notice. This or service to participate in the workshop final congressional action. However, we notice announces the technical (e.g., interpreting service, assistive are inviting applications to allow assistance workshops only. listening device, or materials in an enough time to complete the grant FOR FURTHER INFORMATION CONTACT: alternative format), notify the contact process if Congress appropriates funds Angela K. Oliphant, Gaining Early person listed under FOR FURTHER for this program. Awareness and Readiness for INFORMATON CONTACT. Although we will Estimated Range of Awards: $25,000– Undergraduate Programs (GEAR UP) attempt to meet a request, we may not 30,000 for the first year only. Program, U.S. Department of Education, be able to make available the requested Estimated Average Size of Awards: 1990 K Street, NW., room 6101, auxiliary aid or service because of $30,000 for the first year only. $210,000 Washington, DC 20006–8513. insufficient time to arrange it. for four-year duration of grant. Telephone: (202) 502–7676. Electronic Access to This Document: Maximum Award: We will reject any If you use a telecommunications You may view this document, as well as application that proposes a budget device for the deaf (TDD), you may call all other documents of this Department exceeding $215,000 for a single budget the Federal Relay Service (FRS) at 1– published in the Federal Register, in period of 12 months. The Assistant 800–877–8339. text or Adobe Portable Document Secretary for Postsecondary Education Individuals with disabilities may Format (PDF) on the Internet at the may change the maximum amount obtain this document in an alternative following site: http://www.ed.gov/news/ through a notice published in the for (e.g., Braille, large print, audio tape, fedregister Federal Register. or computer diskette) on request to the To use PDF, you must have Adobe Estimated Number of Awards: 10. contact person listed in this section. Acrobat Reader, which is available free Note: The Department is not bound by any SUPPLEMENTARY INFORMATION: The at this site. If you have any questions estimates in this notice. technical assistance workshops will be about using PDF, call the U.S. held as follows: Government Printing Office (GPO), toll Project Period: Up to 48 months. 1. Philadelphia, Pennsylvania: free, at 1–888–293–6498; or in the Full Text of Announcement Monday, December 5, 2005, Hilton Washington, DC area at (202) 512–1530. Philadelphia, 4200 City Avenue, I. Funding Opportunity Description Philadelphia, PA 19107, Telephone: Note: The official version of this document Purpose of Program: To provide 215–879–4000. is the document published in the Federal Register. Free Internet access to the official grants or enter into cooperative 2. St Louis, Missouri: Tuesday, edition of the Federal Register and the Code agreements to improve postsecondary December 6, 2005, Sheraton St. Louis, of Federal Regulations is available on GPO 400 South 14th Street, St. Louis, MO education opportunities by focusing on Access at: www.gpoaccess.gov/nara/ problem areas or improvement 63105, Telephone: 314–231–5007. index.html 3. Atlanta, Georgia: Thursday, approaches in postsecondary education. December 8, 2005, Holiday Inn Select Program Authority: 20 U.S.C. 1070a–21. Priority: Under this competition, we Conference Center, 450 Capitol Avenue, are particularly interested in Dated: December 2, 2005. applications that address the following Atlanta, GA 30312, Telephone: 404– Sally L. Stroup, 591–2000. priority. 4. Los Angeles, California: Thursday, Assistant Secretary for Postsecondary Invitational Priority: For FY 2006 this Education. December 8, 2005, The Wilshire Grand priority is an invitational priority. Los Angeles, 930 Wilshire Boulevard [FR Doc. 05–23686 Filed 12–1–05; 3:57 pm] Under 34 CFR 75.105(c)(1) we do not 90017, Telephone: 213–688–7777. BILLING CODE 4000–01–P give an application that meets this All Technical Assistance Workshop invitational priority a competitive or sessions will be conducted from 9 a.m. absolute preference over other DEPARTMENT OF EDUCATION to 5 p.m. each day. Registration is 8 a.m. applications. This priority is designed to support to 9 a.m. on the day of the session. Office of Postsecondary Education; the formation of educational consortia There is no fee for these workshops. Overview Information Fund for the of American, Canadian, and Mexican However, space is limited. Attendees Improvement of Postsecondary institutions to encourage cooperation in are required to make their own Education—Special Focus the coordination of curricula, the reservations directly with the hotel. The Competition: Program for North exchange of students, and the opening Department has reserved a limited American Mobility in Higher Education; of educational opportunities among the number of rooms at each of the hotel Notice Inviting Applications for New United States, Canada, and Mexico. The sites at a special government room rate. Awards for Fiscal Year (FY) 2006 To reserve this rate, be certain to inform invitational priority is issued in the hotel that you are attending the Catalog of Federal Domestic cooperation with Canada and Mexico. ‘‘U.S. Department of Education GEAR Assistance (CFDA) Number: 84.116N. These awards support only the UP Program Technical Assistance DATES: Applications Available: participation of U.S. institutions and Workshop.’’ We encourage attendance December 9, 2005. students in these consortia of American, from those who will be responsible for Deadline for Transmittal of Canadian, and Mexican institutions. providing technical support for Applications: April 17, 2006. Canadian and Mexican institutions uploading the application materials Deadline for Intergovernmental participating in any consortium onto the Department of Education’s Review: July 14, 2006. proposal responding to the invitational portal site for electronic grants. Eligible Applicants: Institutions of priority may apply, respectively, to higher education (IHEs) or combinations Human Resources and Skills Assistance to Individuals With of IHEs and other public and private Development Canada (HRSDC) or the Disabilities Attending the Technical nonprofit institutions and agencies. Mexican Secretariat for Public Assistance Workshop Estimated Available Funds: The Education (SEP), for additional funding The technical assistance workshop Administration has requested $300,000 under separate but parallel Canadian site is accessible to individuals with for this program for FY 2006. The actual and Mexican competitions.
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Program Authority: 20 U.S.C. 1138–1138d. You may also contact ED Pubs at its We do not consider an application Applicable Regulations: The Web site: http://www.ed.gov/pubs/ that does not comply with the deadline Education Department General edpubs.html or you may contact ED requirements. Administrative Regulations (EDGAR) in Pubs at its e-mail address: Deadline for Intergovernmental 34 CFR parts 74, 75, 77, 79, 80, 82, 84, [email protected]. Review: July 14, 2006. 4. Intergovernmental Review: This 85, 86, 97, 98, and 99. If you request an application from ED Pubs, be sure to identify this program is subject to Executive Order II. Award Information competition as follows: CFDA number 12372 and the regulations in 34 CFR Type of Award: Discretionary grants. 84.116N. part 79. Information about Estimated Available Funds: The 2. Content and Form of Application Intergovernmental Review of Federal Administration has requested $300,000 Submission: Requirements concerning Programs under Executive Order 12372 for this program for FY 2006. The actual the content of an application, together is in the application package for this level of funding, if any, depends on with the forms you must submit, are in program. 5. Funding Restrictions: We reference final congressional action. However, we the application package for this regulations outlining funding are inviting applications to allow program. restrictions in the Applicable enough time to complete the grant Page Limit: The application narrative Regulations section of this notice. process before the end of the current (Part III of the application) is where you, 6. Other Submission Requirements: fiscal year, if Congress appropriates the applicant, address the selection Applications for grants under this funds for this program. criteria that reviewers use to evaluate program must be submitted Estimated Range of Awards: your application. You must limit Part III electronically unless you qualify for an $25,000—30,000 for the first year only. to the equivalent of no more than 20 exception to this requirement in Estimated Average Size of Awards: pages (double spaced), using the accordance with the instructions in this $30,000 for the first year only. $210,000 following standards: section. for four-year duration of grant. • A ‘‘page’’ is 8.5″ x 11″, on one side a. Electronic Submission of Maximum Award: We will reject any only, with 1″ margins at the top, bottom, Applications. Applications for grants application that proposes a budget and both sides. under the Program for North American exceeding $215,000 for a single budget • Double space (no more than three Mobility in Higher Education—CFDA period of 12 months. The Assistant lines per vertical inch) all text in the Number 84.116N must be submitted Secretary for Postsecondary Education application narrative, including titles, electronically using the Grants.gov may change the maximum amount headings, footnotes, quotations, Apply site at: http://www.grants.gov. through a notice published in the reference, and captions, as well as all Through this site, you will be able to Federal Register. text in charts, tables, figures, and download a copy of the application Estimated Number of Awards: 10. graphs. package, complete it offline, and then • Note: The Department is not bound by any Use a font that is either 12 point or upload and submit your application. estimates in this notice. larger or no smaller than 10 pitch You may not e-mail an electronic copy (characters per inch). of a grant application to us. Project Period: Up to 48 months. The page limit does not apply to Part We will reject your application if you III. Eligibility Information I, the cover sheet; Part II, the budget submit it in paper format unless, as section, including the narrative budget described elsewhere in this section, you 1. Eligible Applicants: IHEs or justification; Part IV, the assurances and qualify for one of the exceptions to the combinations of IHEs and other public certifications; or the one-page abstract, electronic submission requirement and and private nonprofit institutions and the resumes, the bibliography, or the submit, no later than two weeks before agencies. letters of support. However, you must the application deadline date, a written 2. Cost Sharing or Matching: This include all of the application narrative statement to the Department that you program does not involve cost sharing in Part III. qualify for one of these exceptions. or matching. We will reject your application if: Further information regarding IV. Application and Submission • You apply these standards and calculation of the date that is two weeks Information exceed the page limit; or before the application deadline date is • provided later in this section under 1. Address to Request Application You apply other standards and exceed the equivalent of the page limit. Exception to Electronic Submission Package: Sylvia W. Crowder, Fund for Requirement. the Improvement of Postsecondary 3. Submission Dates and Times: You may access the electronic grant Education, U.S. Department of Applications Available: December 9, application for the Program for North Education, 1990 K Street, NW., 6th 2005. American Mobility in Higher Education floor, Washington, DC 20006–8544. Deadline for Transmittal of at: http://www.grants.gov. You must Telephone: (202) 502–7514. Applications: April 17, 2006. search for the downloadable application If you use a telecommunications Applications for grants under this package for this program by the CFDA device for the deaf (TDD), you may call program must be submitted number. Do not include the CFDA the Federal Relay Service (FRS) at 1– electronically using the Grants.gov number’s alpha suffix in your search. 800–877–8339. Apply site (Grants.gov). For information Please note the following: Individuals with disabilities may (including dates and times) about how • When you enter the Grants.gov site, contact the Education Publications to submit your application you will find information about Center (ED Pubs), P.O. Box 1398, Jessup, electronically or by mail or hand submitting an application electronically MD 20794–1398. Telephone (toll free): delivery if you qualify for an exception through the site, as well as the hours of 1–877–433–7827. FAX: (301) 470–1244. to the electronic submission operation. If you use a telecommunications device requirement, please refer to section IV. • Applications received by Grants.gov for the deaf (TDD), you may call (toll 6. Other Submission Requirements in are time and date stamped. Your free): 1–877–576–7734. this notice. application must be fully uploaded and
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submitted, and must be date/time of your application as files in a .DOC exception to the electronic submission stamped by the Grants.gov system no (document), .RTF (rich text), or .PDF requirement, and may submit your later than 4:30 p.m., Washington, DC (Portable Document) format. If you application in paper format, if you are time, on the application deadline date. upload a file type other than the three unable to submit an application through Except as otherwise noted in this file types specified above or submit a the Grants.gov system because: section, we will not consider your password protected file, we will not • You do not have access to the application if it is date/time stamped by review that material. Internet; or • the Grants.gov system later than 4:30 Your electronic application must • You do not have the capacity to p.m., Washington, DC time, on the comply with any page limit upload large documents to the application deadline date. When we requirements described in this notice. Grants.gov system; and • After you electronically submit retrieve your application from • No later than two weeks before the your application, you will receive an Grants.gov, we will notify you if we are application deadline date (14 calendar automatic acknowledgement from rejecting your application because it days or, if the fourteenth calendar day Grants.gov that contains a Grants.gov was date/time stamped by the before the application deadline date tracking number. The Department will Grants.gov system after 4:30 p.m., falls on a Federal holiday, the next retrieve your application from Washington, DC time, on the business day following the Federal Grants.gov and send you a second application deadline date. holiday), you mail or fax a written • The amount of time it can take to confirmation by e-mail that will include statement to the Department, explaining upload an application will vary a PR/Award number (an ED-specified which of the two grounds for an depending on a variety of factors identifying number unique to your exception prevent you from using the including the size of the application and application). Internet to submit your application. If the speed of your Internet connection. We may request that you provide us you mail your written statement to the Therefore, we strongly recommend that original signatures on forms at a later Department, it must be postmarked no you do not wait until the application date. later than two weeks before the deadline date to begin the submission Application Deadline Date Extension process through Grants.gov. in Case of Technical Issues with the application deadline date. If you fax • You should review and follow the Grants.gov System: If you are prevented your written statement to the Education Submission Procedures for from electronically submitting your Department, we must receive the faxed submitting an application through application on the application deadline statement no later than two weeks Grants.gov that are included in the date because of technical problems with before the application deadline date. application package for this competition the Grants.gov system, we will grant you Address and mail or fax your to ensure that you submit your an extension until 4:30 p.m., statement to: Sylvia W. Crowder, U.S. application in a timely manner to the Washington, DC time, the following Department of Education, 1990 K Street, Grants.gov system. You can also find the business day to enable you to transmit NW., room 6154, Washington, DC Education Submission Procedures your application electronically, or by 20006–8544. FAX: (202) 502–7877. pertaining to Grants.gov at http://e- hand delivery. You also may mail your Your paper application must be Grants.ed.gov/help/ application by following the mailing submitted in accordance with the mail GrantsgovSubmissionprocedures.pdf. instructions as described elsewhere in or hand delivery instructions described • To submit your application via this notice. If you submit an application in this notice. Grants.gov, you must complete all of the after 4:30 p.m., Washington, DC time, on b. Submission of Paper Applications steps in the Grants.gov registration the deadline date, please contact the by Mail. If you qualify for an exception process (see http://www.Grants.gov/ person listed elsewhere in this notice to the electronic submission GetStarted). These steps include (1) under FOR FURTHER INFORMATION requirement, you may mail (through the registering your organization, (2) CONTACT, and provide an explanation of U.S. Postal Service or a commercial registering yourself as an Authorized the technical problem you experienced carrier), your application to the Organization Representative (AOR), and with Grants.gov, along with the Department. You must mail the original (3) getting authorized as an AOR by Grants.gov Support Desk Case Number and two copies of your application, on your organization. Details on these steps (if available). We will accept your or before the application deadline date, are outlined in the Grants.gov 3-Step application if we can confirm that a to the Department at the applicable Registration Guide (see http:// technical problem occurred with the following address: www.grants.gov/assets/ Grants.gov system and that the problem By mail through the U.S. Postal GrantsgovCoBrandBrochure8X11.pdf). affected your ability to submit your Service: U.S. Department of Education, You also must provide on your application by 4:30 p.m., Washington, Application Control Center, Attention: application the same D–U–N–S Number DC time, on the application deadline (CFDA Number 84.116N), 400 Maryland used with this registration. Please note date. The Department will contact you Avenue, SW., Washington, DC 20202– that the registration process may take after a determination is made on 4260. five or more business days to complete, whether your application will be or and you must have completed all accepted. registration steps to allow you to By mail through a commercial carrier: Note: Extensions referred to in this section U.S. Department of Education, successfully submit an application via apply only to the unavailability of or Grants.gov. technical problems with the Grants.gov Application Control Center—Stop 4260, • You must submit all documents system. We will not grant you an extension Attention: (CFDA Number 84.116N), electronically, including all information if you failed to fully register to submit your 7100 Old Landover Road, Landover, MD typically included on the Application application to Grants.gov before the deadline 20785–1506. for Federal Education Assistance (SF date and time or if the technical problem you Regardless of which address you use, 424), Budget Information—Non- experienced is unrelated to the Grants.gov you must show proof of mailing system. Construction Programs (ED 524), and all consisting of one of the following: necessary assurances and certifications. Exception to Electronic Submission (1) A legibly dated U.S. Postal Service You must attach any narrative sections Requirement: You qualify for an postmark,
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(2) A legible mail receipt with the EDGAR and are listed in the application VII. Agency Contact date of mailing stamped by the U.S. package. FOR FURTHER INFORMATION CONTACT: Postal Service, 2. Review and Selection Process: Sylvia W. Crowder, Fund for the (3) A dated shipping label, invoice, or Additional factors we consider in receipt from a commercial carrier, or Improvement of Postsecondary selecting an application for an award are Education, Program for North American (4) Any other proof of mailing applications that demonstrate a tri- acceptable to the Secretary of the U.S. Mobility in Higher Education, 1990 K lateral, innovative North American Street, NW., 6th floor, Washington, DC Department of Education. approach to training and education. If you mail your application through 20006–8544. Telephone: (202) 502– the U.S. Postal Service, we do not VI. Award Administration Information 7514. accept either of the following as proof If you use a telecommunications of mailing: 1. Award Notices: If your application device for the deaf (TDD), you may call (1) A private metered postmark, or is successful, we notify your U.S. the Federal Relay Service (FRS) at 1– (2) A mail receipt that is not dated by Representative and U.S. Senators and 800–877–8339. the U.S. Postal Service. send you a Grant Award Notification Individuals with disabilities may If your application is postmarked after (GAN). We may also notify you obtain this document in an alternative the application deadline date, we will informally. format (e.g., Braille, large print, audiotape, or computer diskette) on not consider your application. If your application is not evaluated or request to the program contact person not selected for funding, we notify you. Note: The U.S. Postal Service does not listed in this section. uniformly provide a dated postmark. Before 2. Administrative and National Policy relying on this method, you should check Requirements: We identify VIII. Other Information with your local post office. administrative and national policy Electronic Access to This Document: c. Submission of Paper Applications requirements in the application package You may view this document, as well as by Hand Delivery. If you qualify for an and reference these and other all other documents of this Department exception to the electronic submission requirements in the Applicable published in the Federal Register, in requirement, you (or a courier service) Regulations section of this notice. text or Adobe Portable Document may deliver your paper application to We reference the regulations outlining Format (PDF) on the Internet at the the Department by hand. You must the terms and conditions of an award in following site: http://www.ed.gov/news/ deliver the original and two copies of the Applicable Regulations section of fedregister. your application by hand, on or before this notice and include these and other To use PDF you must have Adobe the application deadline date, to the specific conditions in the GAN. The Acrobat Reader, which is available free Department at the following address: GAN also incorporates your approved at this site. If you have questions about U.S. Department of Education, application as part of your binding using PDF, call the U.S. Government Application Control Center, Attention: commitments under the grant. Printing Office (GPO), toll free, at 1– (CFDA Number 84.116N), 550 12th 888–293–6498; or in the Washington, 3. Reporting: At the end of your DC, area at (202) 512–1530. Street, SW., Room 7041, Potomac Center project period, you must submit a final Plaza, Washington, DC 20202–4260. performance report, including financial Note: The official version of this document The Application Control Center information, as directed by the is the document published in the Federal accepts hand deliveries daily between 8 Secretary. If you receive a multi-year Register. Free Internet access to the official a.m. and 4:30 p.m., Washington, DC award, you must submit an annual edition of the Federal Register and the Code time, except Saturdays, Sundays and of Federal Regulations is available on GPO performance report that provides the Access at: http://www.gpoaccess.gov/nara/ Federal holidays. most current performance and financial Note for Mail or Hand Delivery of index.html. expenditure information as specified by Paper Applications: If you mail or hand the Secretary in 34 CFR 75.118. Dated: December 2, 2005. deliver your application to the Sally Stroup, Department: 4. Performance Measures: The success (1) You must indicate on the envelope of this program depends upon—(1) The Assistant Secretary for Postsecondary and—if not provided by the extent to which funded projects are Education. Department—in Item 4 of the being replicated (i.e., adopted or [FR Doc. E5–7009 Filed 12–6–05; 8:45 am] Application for Federal Education adapted by others); and (2) The manner BILLING CODE 4000–01–P Assistance (SF 424) the CFDA number— in which projects are being and suffix letter, if any—of the institutionalized and continued after DEPARTMENT OF EDUCATION competition under which you are funding. These two performance measures constitute the Fund for the submitting your application. Office of Postsecondary Education; Improvement of Postsecondary (2) The Application Control Center Overview Information; Fund for the Education’s (FIPSE’s) indicators of the will mail a grant application receipt Improvement of Postsecondary success of the program. If funded, you acknowledgment to you. If you do not Education—Special Focus will be asked to collect and report data receive the grant application receipt Competition: US-Brazil Higher from your project on steps taken toward acknowledgment within 15 business Education Consortia Program; Notice achieving these goals. Consequently, days from the application deadline date, Inviting Applications for New Awards applicants are advised to include these you should call the U.S. Department of for Fiscal Year (FY) 2006 Education Application Control Center at two outcomes in conceptualizing the (202) 245–6288. design, implementation, and evaluation Catalog of Federal Domestic of their proposed projects. Assistance (CFDA) Number: 84.116M. V. Application Review Information Institutionalization and replication are Dates: Applications Available: 1. Selection Criteria: The selection important outcomes that ensure the December 9, 2005. criteria for evaluating applications for ultimate success of international Deadline for Transmittal of this program are from 34 CFR 75.210 of consortia funded through this program. Applications: April 17, 2006.
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Deadline for Intergovernmental participating in any consortium the Federal Relay Service (FRS) at 1– Review: July 14, 2006. proposal responding to the invitational 800–877–8339. Eligible Applicants: Institutions of priority may apply, respectively, to the Individuals with disabilities may higher education (IHEs) or combinations Coordination of Improvement of contact the Education Publications of IHEs and other public and private Personnel of Superior Level (CAPES), Center (ED Pubs), P.O. Box 1398, Jessup, nonprofit institutions and agencies. Brazilian Ministry of Education, for MD 20794–1398. Telephone (toll free): Estimated Available Funds: The additional funding under a separate but 1–877–433–7827. FAX: (301) 470–1244. Administration has requested $300,000 parallel Brazilian competition. If you use a telecommunications device for the US-Brazil Higher Education for the deaf (TDD), you may call (toll Consortia Program for FY 2006. The Program Authority: 20 U.S.C. 1138– free): 1–877–576–7734. 1138d. actual level of funding, if any, depends You may also contact ED Pubs at its on final congressional action. However, Applicable Regulations: The Web site: http://www.ed.gov/pubs/ we are inviting applications to allow Education Department General edpubs.html or you may contact ED enough time to complete the grant Administrative Regulations (EDGAR) in Pubs at its e-mail address: process if Congress appropriates funds 34 CFR parts 74, 75, 77, 79, 80, 82, 84, [email protected]. for this program. 85, 86, 97, 98, and 99. If you request an application from ED Estimated Range of Awards: $30,000 II. Award Information Pubs, be sure to identify this for the first year. $200,000—$210,000 competition as follows: CFDA number for four-year duration of grant. Type of Award: Discretionary grants. 84.116M. Estimated Available Funds: The Estimated Average Size of Awards: 2. Content and Form of Application Administration has requested $300,000 $30,000 for the first year. $210,000 for Submission: Requirements concerning for the US-Brazil Higher Education four-year duration of grant. the content of an application, together Consortia Program for FY 2006. The Maximum Award: We will reject any with the forms you must submit, are in actual level of funding, if any, depends application that proposes a budget the application package for this on final congressional action. However, exceeding $210,000 for a single budget competition. we are inviting applications to allow period of 12 months. The Assistant Page Limit: The application narrative enough time to complete the grant Secretary for Postsecondary Education (Part III of the application) is where you, process before the end of the current may change the maximum amount the applicant, address the selection fiscal year, if Congress appropriates through a notice published in the criteria that reviewers use to evaluate funds for this program. your application. You must limit Part III Federal Register. Estimated Range of Awards: $30,000 Estimated Number of Awards: 12. to the equivalent of no more than 20 for the first year. $200,000–$210,000 for pages (double spaced), using the Note: The Department is not bound by any four-year duration of grant. following standards: estimates in this notice. Estimated Average Size of Awards: • A ‘‘page’’ is 8.5″ × 11″, on one side $30,000 for the first year. $210,000 for only, with 1″ margins at the top, bottom, Project Period: Up to 48 months. four-year duration of grant. and both sides. Maximum Award: We will reject any Full Text of Announcement • Double space (no more than three application that proposes a budget lines per vertical inch) all text in the I. Funding Opportunity Description exceeding $210,000 for a single budget application narrative, including titles, period of 12 months. The Assistant Purpose of Program: To provide headings, footnotes, quotations, Secretary for Postsecondary Education grants or enter into cooperative references, and captions, as well as all may change the maximum amount agreements to improve postsecondary text in charts, tables, figures, and through a notice published in the education opportunities by focusing on graphs. problem areas or improvement Federal Register. • Estimated Number of Awards: 12. Use a font that is either 12 point or approaches in postsecondary education. larger or no smaller than 10 pitch Priority: Under this competition, we Note: The Department is not bound by any (characters per inch). are particularly interested in estimates in this notice. The page limit does not apply to part applications that address the following Project Period: Up to 48 months. I, the cover sheet; part II, the budget priority. section, including the narrative budget Invitational Priority: For FY 2006 this III. Eligibility Information justification; part IV, the assurances and priority is an invitational priority. 1. Eligible Applicants: IHEs or certifications; or the one-page abstract, Under 34 CFR 75.105(c)(1), we do not combinations of IHEs and other public the resumes, the bibliography, or the give an application that meets this and private nonprofit institutions and letters of support. However, you must invitational priority a competitive or agencies. include all of the application narrative absolute preference over other 2. Cost Sharing or Matching: This in part III. applications. program does not involve cost sharing We will reject your application if: This priority encourages proposals or matching. • You apply these standards and designed to support the formation of exceed the page limit; or educational consortia of American and IV. Application and Submission • You apply other standards and Brazilian institutions to support Information exceed the equivalent of the page limit. cooperation in the coordination of 1. Address to Request Application 3. Submission Dates and Times: curricula, the exchange of students, and Package: Sylvia W. Crowder, Fund for Applications Available: December 9, the opening of educational the Improvement of Postsecondary 2005. opportunities between the United States Education, U.S. Department of Deadline for Transmittal of and Brazil. The invitational priority is Education, 1990 K Street, NW., 6th Applications: April 17, 2006. issued in cooperation with Brazil. These floor, Washington, DC 20006–8544. Applications for grants under this awards support only the participation of Telephone: (202) 502–7514. program must be submitted U.S. institutions and students in these If you use a telecommunications electronically using the Grants.gov consortia. Brazilian institutions device for the deaf (TDD), you may call Apply site (Grants.gov). For information
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(including dates and times) about how • When you enter the Grants.gov site, • You will not receive additional to submit your application you will find information about point value because you submit your electronically or by mail or hand submitting an application electronically application in electronic format, nor delivery if you qualify for an exception through the site, as well as the hours of will we penalize you if you qualify for to the electronic submission operation. an exception to the electronic requirement, please refer to section IV. • Applications received by Grants.gov submission requirement, as described 6. Other Submission Requirements in are time and date stamped. Your elsewhere in this section, and submit this notice. application must be fully uploaded and your application in paper format. We do not consider an application submitted, and must be date/time • You must submit all documents that does not comply with the deadline stamped by the Grants.gov system no electronically, including all information requirements. later than 4:30 p.m., Washington, DC typically included on the Application Deadline for Intergovernmental time, on the application deadline date. for Federal Education Assistance (SF Review: July 14, 2006. Except as otherwise noted in this 424), Budget Information—Non- 4. Intergovernmental Review: This section, we will not consider your Construction Programs (ED 524), and all program is subject to Executive Order application if it is date/time stamped by necessary assurances and certifications. 12372 and the regulations in 34 CFR the Grants.gov system later than 4:30 You must attach any narrative sections part 79. Information about p.m., Washington, DC time, on the of your application as files in a .DOC Intergovernmental Review of Federal application deadline date. When we (document), .RTF (rich text), or .PDF Programs under Executive Order 12372 retrieve your application from (Portable Document) format. If you is in the application package for this Grants.gov, we will notify you if we are upload a file type other than the three program. rejecting your application because it file types specified above or submit a 5. Funding Restrictions: We reference was date/time stamped by the password protected file, we will not regulations outlining funding Grants.gov system after 4:30 p.m., review that material. restrictions in the Applicable Washington, DC time, on the • Your electronic application must Regulations section of this notice. application deadline date. comply with any page limit 6. Other Submission Requirements: • The amount of time it can take to requirements described in this notice. Applications for grants under this upload an application will vary • After you electronically submit program must be submitted depending on a variety of factors your application, you will receive an electronically unless you qualify for an including the size of the application and automatic acknowledgement from exception to this requirement in the speed of your Internet connection. Grants.gov that contains a Grants.gov accordance with the instructions in this Therefore, we strongly recommend that tracking number. The Department will section. you do not wait until the application retrieve your application from a. Electronic Submission of deadline date to begin the submission Grants.gov and send you a second Applications. Applications for grants process through Grants.gov. confirmation by e-mail that will include under the US-Brazil Higher Education • You should review and follow the a PR/Award number (an ED-specified Consortia Program—CFDA Number Education Submission Procedures for identifying number unique to your 84.116M must be submitted submitting an application through application). electronically using the Grants.gov. Grants.gov that are included in the • We may request that you provide us Apply site at: http://www.grants.gov. application package for this competition original signatures on forms at a later Through this site, you will be able to to ensure that you submit your date. download a copy of the application application in a timely manner to the Application Deadline Date Extension package, complete it offline, and then Grants.gov system. You can also find the in Case of Technical Issues with the upload and submit your application. Education Submission Procedures Grants.gov System: If you are prevented You may not e-mail an electronic copy pertaining to Grants.gov at http://e- from electronically submitting your of a grant application to us. Grants.ed.gov/help/ application on the application deadline We will reject your application if you GrantsgovSubmissionProcedures.pdf. date because of technical problems with submit it in paper format unless, as • To submit your application via the Grants.gov system, we will grant you described elsewhere in this section, you Grants.gov, you must complete all of the an extension until 4:30 p.m., qualify for one of the exceptions to the steps in the Grants.gov registration Washington, DC time, the following electronic submission requirement and process (see http://www.Grants.gov/ business day to enable you to transmit submit, no later than two weeks before GetStarted). These steps include (1) your application electronically, or by the application deadline date, a written registering your organization, (2) hand delivery. You also may mail your statement to the Department that you registering yourself as an Authorized application by following the mailing qualify for one of these exceptions. Organization Representative (AOR), and instructions as described elsewhere in Further information regarding (3) getting authorized as an AOR by this notice. If you submit an application calculation of the date that is two weeks your organization. Details on these steps after 4:30 p.m., Washington, DC time, on before the application deadline date is are outlined in the Grants.gov 3-Step the deadline date, please contact the provided later in this section under Registration Guide (see http:// person listed elsewhere in this notice Exception to Electronic Submission www.grants.gov/assets/ under FOR FURTHER INFORMATION Requirement. GrantsgovCoBrandBrochure8X11.pdf). CONTACT, and provide an explanation of You may access the electronic grant You also must provide on your the technical problem you experienced application for the US-Brazil Higher application the same D-U-N-S Number with Grants.gov, along with the Education Consortia Program at: http:// used with this registration. Please note Grants.gov Support Desk Case Number www.grants.gov. You must search for that the registration process may take (if available). We will accept your the downloadable application package five or more business days to complete, application if we can confirm that a for this program by the CFDA number. and you must have completed all technical problem occurred with the Do not include the CFDA number’s registration steps to allow you to Grants.gov system and that the problem alpha suffix in your search. successfully submit an application via affected your ability to submit your Please note the following: Grants.gov. application by 4:30 p.m., Washington,
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DC time, on the application deadline (CFDA Number 84.116M), 400 Maryland competition under which you are date. The Department will contact you Avenue, SW., Washington, DC 20202– submitting your application. after a determination is made on 4260. (2) The Application Control Center whether your application will be or will mail a grant application receipt acknowledgment to you. If you do not accepted. By mail through a commercial carrier: receive the grant application receipt U.S. Department of Education, Note: Extensions referred to in this section acknowledgment within 15 business apply only to the unavailability of or Application Control Center—Stop 4260, days from the application deadline date, technical problems with the Grants.gov Attention: (CFDA Number 84.116M), you should call the U.S. Department of system. We will not grant you an extension 7100 Old Landover Road, Landover, MD Education Application Control Center at if you failed to fully register to submit your 20785–1506. (202) 245–6288. application to Grants.gov before the deadline Regardless of which address you use, date and time or if the technical problem you experienced is unrelated to the Grants.gov you must show proof of mailing V. Application Review Information system. consisting of one of the following: 1. Selection Criteria: The selection (1) A legibly dated U.S. Postal Service criteria for this competition are from 34 Exception to Electronic Submission postmark, CFR 75.210 of EDGAR and are listed in Requirement: You qualify for an (2) A legible mail receipt with the the application package. exception to the electronic submission date of mailing stamped by the U.S. 2. Review and Selection Process: requirement, and may submit your Postal Service, Additional factors we consider in application in paper format, if you are (3) A dated shipping label, invoice, or selecting an application for an award are unable to submit an application through receipt from a commercial carrier, or applications that demonstrate a bi- the Grants.gov system because: (4) Any other proof of mailing • lateral, innovative US-Brazilian You do not have access to the acceptable to the Secretary of the U.S. approach to training and education. Internet; or Department of Education. • You do not have the capacity to If you mail your application through VI. Award Administration Information upload large documents to the the U.S. Postal Service, we do not 1. Award Notices: If your application Grants.gov system; and accept either of the following as proof is successful, we notify your U.S. • No later than two weeks before the of mailing: Representative and U.S. Senators and application deadline date (14 calendar (1) A private metered postmark, or send you a Grant Award Notification days or, if the fourteenth calendar day (2) A mail receipt that is not dated by (GAN). We may also notify you before the application deadline date the U.S. Postal Service. informally. falls on a Federal holiday, the next If your application is postmarked after If your application is not evaluated or business day following the Federal the application deadline date, we will not selected for funding, we notify you. holiday), you mail or fax a written not consider your application. 2. Administrative and National Policy statement to the Department, explaining Requirements: We identify Note: The U.S. Postal Service does not which of the two grounds for an administrative and national policy exception prevent you from using the uniformly provide a dated postmark. Before relying on this method, you should check requirements in the application package Internet to submit your application. If with your local post office. and reference these and other you mail your written statement to the requirements in the Applicable Department, it must be postmarked no c. Submission of Paper Applications Regulations section of this notice. later than two weeks before the by Hand Delivery. If you qualify for an We reference the regulations outlining application deadline date. If you fax exception to the electronic submission the terms and conditions of an award in your written statement to the requirement, you (or a courier service) the Applicable Regulations section of Department, we must receive the faxed may deliver your paper application to this notice and include these and other statement no later than two weeks the Department by hand. You must specific conditions in the GAN. The before the application deadline date. deliver the original and two copies of GAN also incorporates your approved Address and mail or fax your your application by hand, on or before application as part of your binding statement to: Sylvia W. Crowder, U.S. the application deadline date, to the commitments under the grant. Department of Education, 1990 K Street, Department at the following address: 3. Reporting: At the end of your NW., room 6154, Washington, DC U.S. Department of Education, project period, you must submit a final 20006–8544. FAX: (202) 502–7877. Application Control Center, Attention: performance report, including financial Your paper application must be (CFDA Number 84.116M), 550 12th information, as directed by the submitted in accordance with the mail Street, SW., Room 7041, Potomac Center Secretary. If you receive a multi-year or hand delivery instructions described Plaza, Washington, DC 20202–4260. award, you must submit an annual in this notice. The Application Control Center performance report that provides the b. Submission of Paper Applications accepts hand deliveries daily between 8 most current performance and financial by Mail. If you qualify for an exception a.m. and 4:30 p.m., Washington, DC expenditure information as specified by to the electronic submission time, except Saturdays, Sundays and the Secretary in 34 CFR 75.118. requirement, you may mail (through the Federal holidays. 4. Performance Measures: The success U.S. Postal Service or a commercial Note for Mail or Hand Delivery of of this competition depends upon (1) carrier), your application to the Paper Applications: If you mail or hand the extent to which funded projects are Department. You must mail the original deliver your application to the being replicated (i.e., adopted or and two copies of your application, on Department: adapted by others); and (2) the manner or before the application deadline date, (1) You must indicate on the envelope in which projects are being to the Department at the applicable and—if not provided by the institutionalized and continued after following address: Department—in Item 4 of the funding. These two performance By mail through the U.S. Postal Application for Federal Education measures constitute the Fund for the Service: U.S. Department of Education, Assistance (SF 424) the CFDA number— Improvement of Postsecondary Application Control Center, Attention: and suffix letter, if any—of the Education’s (FIPSE’s) indicators of the
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success of the program. If funded, you ELECTION ASSISTANCE COMMISSION become a party must file a notice of will be asked to collect and report data intervention or motion to intervene, as from your project on steps taken toward Sunshine Act Notice appropriate. Such notices, motions, or protests must be filed on or before the achieving these goals. Consequently, AGENCY: United States Election comment date. Anyone filing a motion applicants are advised to include these Assistance Commission. two outcomes in conceptualizing the to intervene or protest must serve a copy ACTION: Notice of Public Meeting design, implementation, and evaluation of that document on the Applicant and Agenda. of their proposed projects. all the parties in this proceeding. Institutionalization and replication are The Commission encourages DATE AND TIME: Tuesday, December 13, electronic submission of protests and important outcomes that ensure the 2005, 10 a.m.–12 noon. ultimate success of international interventions in lieu of paper using the PLACE: U.S. Election Assistance ‘‘eFiling’’ link at http://www.ferc.gov. consortia funded through this program. Commission, 1225 New York Ave., NW., Persons unable to file electronically VII. Agency Contact Suite 1100, Washington, DC 20005. should submit an original and 14 copies (Metro Stop: Metro Center). of the protest or intervention to the FOR FURTHER INFORMATION CONTACT: AGENDA: The Commission will receive Federal Energy Regulatory Commission, Sylvia W. Crowder, Fund for the the following reports: Title II 888 First Street, NE., Washington, DC Improvement of Postsecondary Requirements Payments Update; FY 20426. Education, Program for North American 2006 Appropriations update; and This filing is accessible on-line at Mobility in Higher Education, 1990 K updates on other administrative matters. http://www.ferc.gov, using the Street, NW., 6th floor, Washington, DC The Commission will elect the Chair ‘‘eLibrary’’ link and is available for 20006–8544. Telephone: (202) 502– and Vice Chair of the Commission for review in the Commission’s Public 7514. 2006. The Commission will receive Reference Room in Washington, DC. presentations on the Voluntary Voting There is an ‘‘eSubscription’’ link on the If you use a telecommunications System Guidelines (VVSG) and consider Web site that enables subscribers to device for the deaf (TDD), you may call the VVSG for adoption. receive e-mail notification when a the Federal Relay Service (FRS) at 1– This meeting will be open to the document is added to a subscribed 800–877–8339. public. docket(s). For assistance with any FERC Individuals with disabilities may Online service, please e-mail FOR FURTHER INFORMATION CONTACT: [email protected], or call obtain this document in an alternative Bryan Whitener, Telephone: (202) 566– (866) 208–3676 (toll free). For TTY, call format (e.g., Braille, large print, 3100. audiotape, or computer diskette) on (202) 502–8659. request to the program contact person Paul S. DeGregorio, Comment Date: 5 p.m. eastern time on listed in this section. Vice Chairman, U.S. Election Assistance December 5, 2005. Commission. Magalie R. Salas, VIII. Other Information [FR Doc. 05–23760 Filed 12–2–05; 4:00 pm] Secretary. BILLING CODE 6820–KF–M Electronic Access to This Document: [FR Doc. E5–6923 Filed 12–6–05; 8:45 am] You may view this document, as well as BILLING CODE 6717–01–P all other documents of this Department published in the Federal Register, in DEPARTMENT OF ENERGY text or Adobe Portable Document DEPARTMENT OF ENERGY Federal Energy Regulatory Format (PDF) on the Internet at the Commission following site: http://www.ed.gov/news/ Federal Energy Regulatory Commission fedregister. [Docket No. ER05–1534–001] [Docket Nos. ER06–5–000, ER06–5–001] To use PDF you must have Adobe American Electric Power Service Acrobat Reader, which is available free Corporation; Notice of Filing CBK Group, LTD; Notice of Issuance of at this site. If you have questions about Order using PDF, call the U.S. Government November 25, 2005. Printing Office (GPO), toll free, at 1– On November 14, 2005, American November 29, 2005. 888–293–6498; or in the Washington, Electric Power Service Corporation CBK Group, LTD (CBK Group) filed DC, area at (202) 512–1530. (AEP), as agent for Appalachian Power an application for market-based rate Company submitted Second Revised authority, with an accompanying tariff. Note: The official version of this document Substitute Sheet No. 13 to the The proposed rate tariff provides for is the document published in the Federal Interconnection and Local Delivery wholesale sales of capacity and energy Register. Free Internet access to the official Service Agreement No. 1252 between at market-based rates. CBK Group also edition of the Federal Register and the Code Blue Ridge Power Agency, Inc. and requested waiver of various Commission of Federal Regulations is available on GPO AEP. regulations. In particular, Wisconsin Access at: http://www.gpoaccess.gov/nara/ Any person desiring to intervene or to River requested that the Commission index.html. protest this filing must file in grant blanket approval under 18 CFR Dated: December 2, 2005. accordance with Rules 211 and 214 of part 34 of all future issuances of the Commission’s Rules of Practice and securities and assumptions of liability Sally Stroup, Procedure (18 CFR 385.211, 385.214). by Wisconsin River. Assistant Secretary for Postsecondary Protests will be considered by the On March 25, 2005, the Commission Education. Commission in determining the granted the request for blanket approval [FR Doc. E5–7010 Filed 12–6–05; 8:45 am] appropriate action to be taken, but will under Part 34, subject to the following: BILLING CODE 4000–01–P not serve to make protestants parties to Any person desiring to be heard or to the proceeding. Any person wishing to protest the blanket approval of
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issuances of securities or assumptions of Tariff, Second Revised Volume No. 1, a DEPARTMENT OF ENERGY liability by Wisconsin River should file work paper supporting the continuation, a motion to intervene or protest with the effective January 1, 2006, of its currently Federal Energy Regulatory Federal Energy Regulatory Commission, effective Fuel and Line Loss Allowance Commission 888 First Street, NE., Washington, DC of 0.0%. [Docket No. RP05–618–001] 20426, in accordance with Rules 211 Any person desiring to intervene or to and 214 of the Commission’s Rules of Colorado Interstate Gas Company; protest this filing must file in Practice and Procedure. 18 CFR 385.211, Notice of Compliance Filing 385.214 (2004). accordance with Rules 211 and 214 of Notice is hereby given that the the Commission’s Rules of Practice and November 29, 2005. deadline for filing motions to intervene Procedure (18 CFR 385.211 and Take notice that on November 23, or protest, is April 25, 2005. 385.214). Protests will be considered by 2005, Colorado Interstate Gas Company Absent a request to be heard in the Commission in determining the (CIG) tendered for filing as part of its opposition by the deadline above, appropriate action to be taken, but will FERC Gas Tariff, Pro Forma First Wisconsin River is authorized to issue not serve to make protestants parties to Revised Volume No.1, the following securities and assume obligations or the proceeding. Any person wishing to tariff sheets: liabilities as a guarantor, indorser, become a party must file a notice of First Revised Sheet No. 380F. surety, or otherwise in respect of any intervention or motion to intervene, as First Revised Sheet No. 380G. security of another person; provided appropriate. Such notices, motions, or First Revised Sheet No. 380H. that such issuance or assumption is for protests must be filed on or before the Original Sheet No. 380H.01. Original Sheet No. 380H.02. some lawful object within the corporate date as indicated below. Anyone filing Original Sheet No. 380H.03. purposes of Wisconsin River, an intervention or protest must serve a Original Sheet No. 380H.04. compatible with the public interest, and copy of that document on the Applicant. CIG states that the pro forma tariff is reasonably necessary or appropriate Anyone filing an intervention or protest for such purposes. sheets are being filed to comply with the on or before the intervention or protest Commission’s Order dated September The Commission reserves the right to date need not serve motions to intervene require a further showing that neither 30, 2005 in Docket No. RP05–618–000. or protests on persons other than the CIG states that these pro forma tariff public nor private interests will be Applicant. adversely affected by continued sheets are submitted to establish a true- approval of Wisconsin River’s issuances The Commission encourages up feature in its Fuel and L&U of securities or assumptions of liability. electronic submission of protests and reimbursement mechanism. Copies of the full text of the interventions in lieu of paper using the CIG states that copies of its filing have Commission’s Order are available from ‘‘eFiling’’ link at http://www.ferc.gov. been sent to all firm customers, the Commission’s Public Reference Persons unable to file electronically interruptible customers, and affected Room, 888 First Street, NE., should submit an original and 14 copies state commissions. Any person desiring to protest this Washington, DC 20426. The Order may of the protest or intervention to the filing must file in accordance with Rule also be viewed on the Commission’s Federal Energy Regulatory Commission, 211 of the Commission’s Rules of Web site at http://www.ferc.gov, using 888 First Street, NE., Washington, DC Practice and Procedure (18 CFR the eLibrary link. Enter the docket 20426. 385.211). Protests to this filing will be number excluding the last three digits in This filing is accessible on-line at considered by the Commission in the docket number filed to access the http://www.ferc.gov, using the determining the appropriate action to be document. Comments, protests, and ‘‘eLibrary’’ link and is available for taken, but will not serve to make interventions may be filed electronically protestants parties to the proceeding. via the internet in lieu of paper. See, 18 review in the Commission’s Public Such protests must be filed in CFR 385.2001(a)(1)(iii) and the Reference Room in Washington, DC. accordance with the provisions of instructions on the Commission’s Web There is an ‘‘eSubscription’’ link on the section 154.210 of the Commission’s site under the ‘‘e-Filing’’ link. The Web site that enables subscribers to regulations (18 CFR 154.210). Anyone Commission strongly encourages receive e-mail notification when a filing a protest must serve a copy of that electronic filings. document is added to a subscribed docket(s). For assistance with any FERC document on all the parties to the Magalie R. Salas, Online service, please e-mail proceeding. The Commission encourages Secretary. [email protected], or call electronic submission of protests in lieu [FR Doc. E5–6937 Filed 12–6–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call BILLING CODE 6717–01–P of paper using the ‘‘eFiling’’ link at (202) 502–8659. http://www.ferc.gov. Persons unable to Comment Date: 5 p.m. eastern time file electronically should submit an DEPARTMENT OF ENERGY December 6, 2005. original and 14 copies of the protest to the Federal Energy Regulatory Magalie R. Salas, Federal Energy Regulatory Commission, 888 First Street, NE., Commission Secretary. Washington, DC 20426. [FR Doc. E5–6949 Filed 12–6–05; 8:45 am] This filing is accessible on-line at [Docket No. RP06–107–000] BILLING CODE 6717–01–P http://www.ferc.gov, using the Chandeleur Pipe Line Company; ‘‘eLibrary’’ link and is available for Notice of Filing review in the Commission’s Public Reference Room in Washington, DC. November 29, 2005. There is an ‘‘eSubscription’’ link on the Take notice that on November 22, Web site that enables subscribers to 2005, Chandeleur Pipe Line Company receive e-mail notification when a (Chandeleur) tendered for filing Gas document is added to a subscribed
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docket(s). For assistance with any FERC this project. First, any person wishing to DEPARTMENT OF ENERGY Online service, please e-mail obtain legal status by becoming a party [email protected], or call to the proceedings for this project Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call should, on or before the comment date, Commssion (202) 502–8659. file with the Federal Energy Regulatory Magalie R. Salas, Commission, 888 First Street, NE., [Docket Nos. ES06–7–000, ES06–8–000] Washington, DC 20426, a motion to Secretary. Consolidated Edison Company of New [FR Doc. E5–6945 Filed 12–6–05; 8:45 am] intervene in accordance with the requirements of the Commission’s Rules York, Inc.; Orange and Rockland BILLING CODE 6717–01–P Utilities, Inc.; Notice of Application of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations November 25, 2005. DEPARTMENT OF ENERGY under the NGA (18 CFR 157.10). A Take notice that on November 21, person obtaining party status will be 2005, Consolidated Edison Company of Federal Energy Regulatory placed on the service list maintained by New York, Inc. (Consolidated Edison) Commission the Secretary of the Commission and and Orange and Rockland Utilities, Inc. [Docket No. CP98–151–003] will receive copies of all documents (Orange and Rockland) submitted filed by the applicant and by all other applications pursuant to Section 204 of Columbia Gas Transmission parties. A party must submit 14 copies the Federal Power Act. Consolidated Corporation; Notice of Petition to of filings made with the Commission Edison is seeking authorization to issue Amend and must mail a copy to the applicant short-term debt in an amount not to and to every other party in the exceed $1.5 billion outstanding at any November 30, 2005. proceeding. Only parties to the one time. Orange and Rockland is Take notice that on August 1, 2005, seeking authorization to issue short- Columbia Gas Transmission Corporation proceeding can ask for court review of term debt in an amount not to exceed (Columbia), 1700 MacCorkle Avenue, Commission orders in the proceeding. $200 million. SE., Charleston, West Virginia 25314, Persons who wish to comment only filed in Docket No. CP98–151–003, a on the environmental review of this Any person desiring to intervene or to petition to amend the authorization project, or in support of or in opposition protest this filing must file in previously issued by the Commission as to this project, should submit an accordance with Rules 211 and 214 of the Commission’s Rules of Practice and it relates to the facilities approved for original and two copies of their Procedure (18 CFR 385.211, 385.214). abandonment, the method of comments to the Secretary of the abandonment, and the leasing of Protests will be considered by the Commission. Environmental Commission in determining the capacity from Millennium Pipeline commenters will be placed on the Company, L.P. In addition, Columbia appropriate action to be taken, but will Commission’s environmental mailing not serve to make protestants parties to requests approval of an interim list, will receive copies of the operating agreement. In addition, the proceeding. Any person wishing to environmental documents, and will be become a party must file a notice of Columbia requests approval of a notified of meetings associated with the limited-term certificate of public intervention or motion to intervene, as Commission’s environmental review appropriate. Such notices, motions, or convenience and necessity with pre- process. Environmental commenters granted abandonment authorizing protests must be filed on or before the will not be required to serve copies of Columbia to operate certain facilities comment date. Anyone filing a motion filed documents on all other parties. that Millennium has requested authority to intervene or protest must serve a copy to construct, pending the in-service date The Commission’s rules require that of that document on the Applicant and of Millennium. persons filing comments in opposition all the parties in this proceeding. This petition is on file with the to the project provide copies of their The Commission encourages Commission and open to public protests only to the applicant. However, electronic submission of protests and inspection. This filing is available for the non-party commenters will not interventions in lieu of paper using the review at the Commission in the Public receive copies of all documents filed by ‘‘eFiling’’ link at http://www.ferc.gov. Reference Room or may be viewed on other parties or issued by the Persons unable to file electronically the Commission’s website at http:// Commission (except for the mailing of should submit an original and 14 copies www.ferc.gov using the ‘‘eLibrary’’ link. environmental documents issued by the of the protest or intervention to the Enter the docket number excluding the Commission) and will not have the right Federal Energy Regulatory Commission, last three digits in the docket number to seek court review of the 888 First Street, NE., Washington, DC field to access the document. For Commission’s final order. 20426. assistance, please contact FERC Online The Commission strongly encourages This filing is accessible on-line at http://www.ferc.gov, using the Support at electronic filings of comments, protests, ‘‘eLibrary’’ link and is available for [email protected] or toll and interventions via the Internet in lieu free at (866) 208–3676, or for TTY, review in the Commission’s Public of paper. See, 18 CFR 385.2001(a)(1)(iii) contact (202) 502–8659. Reference Room in Washington, DC. and the instructions on the Any initial questions regarding this There is an ‘‘eSubscription’’ link on the petition should be directed to counsel Commission’s Web site (http:// Web site that enables subscribers to for Columbia, Fredric J. George, www.ferc.gov) under the ‘‘e-Filing’’ link. receive e-mail notification when a Columbia Gas Transmission Comment Date: January 17, 2006. document is added to a subscribed Corporation, P.O. Box 1273, Charleston, docket(s). For assistance with any FERC Magalie R. Salas, West Virginia 25325–1273; at (304) 357– Online service, please e-mail 2359 (phone) or (304) 357–3206 (fax). Secretary. [email protected], or call There are two ways to become [FR Doc. E5–6955 Filed 12–6–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call involved in the Commission’s review of BILLING CODE 6717–01–P (202) 502–8659.
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Comment Date: 5 p.m. eastern time on (866) 208–3676 (toll free). For TTY, call Separation Unit Project will also December 6, 2005. (202) 502–8659. enhance the reliability of service at the terminal and provide the Rate Schedule Magalie R. Salas, Magalie R. Salas, LTD–1 customers with more flexibility Secretary. Secretary. to acquire and schedule cargoes of LNG [FR Doc. E5–6921 Filed 12–6–05; 8:45 am] [FR Doc. E5–6935 Filed 12–6–05; 8:45 am] from a wider variety of supply sources. BILLING CODE 6717–01–P BILLING CODE 6717–01–P Cove Point LNG says that the Air Separation Unit Project also will not result in any change to the gas quality DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY specifications contained in Cove Point’s tariff, including the BTU level and Federal Energy Regulatory Federal Energy Regulatory nitrogen content specified in those Commission Commission provisions. [Docket No. CP06–26–000] Cove Point LNG says that it intends to [Docket No. RP06–78–001] make a subsequent, limited Natural Gas Dominion Cove Point LNG, LP; Notice Act Section 4 filing to adjust the Discovery Gas Transmission LLC; of Application currently effective LTD–1 settlement Notice of Compliance Filing rates to reflect the costs of the Air November 28, 2005. November 29, 2005. Separation Unit Project. Further, Cove Take notice that on November 16, Point LNG does not seek Commission Take notice that on November 22, 2005, Dominion Cove Point LNG, LP approval of the Air Separation Unit 2005, Discovery Gas Transmission LLC (Cove Point LNG) filed an application in Project rates in the instant proceeding; (Discovery) tendered for filing as part of Docket No. CP06–26–000, pursuant to however, it requests that the its FERC Gas Tariff, Original Volume section 3 of the Natural Gas Act, for Commission find in this proceeding No. 1, First Revised Sheet No. 117, to be authority to construct, install, own, that: (1) The proposed facilities are effective November 14, 2005. operate and maintain certain facilities at prudently designed and appropriately Discovery states that the filing is the Cove Point LNG import terminal at sized to provide the requested nitrogen being made in compliance with the Cove Point, Maryland (Air Separation injection capacity; (2) the costs of the order issued by the Commission in the Unit Project). The details of this proposed facilities, about $ 63 million, above-captioned proceeding on proposal are more fully set forth in the are reasonable; and (3) the proposed rate November 14, 2005, 113 FERC ¶ 61,149. application that is on file with the treatment for the costs of the Air Commission and open to public Any person desiring to protest this Separation Unit Project as shown on inspection. The filing may also be filing must file in accordance with Rule Exhibit Z is reasonable. Cove Point LNG viewed on the Web at http:// 211 of the Commission’s Rules of is proposing an Air Separation Unit www.ferc.gov using the ‘‘eLibrary’’ link. Practice and Procedure (18 CFR Project surcharge in the LTD rate Enter the docket number excluding the 385.211). Protests to this filing will be schedules with a reservation charge of $ last three digits in the docket number considered by the Commission in 1.5990 per Dth in the LTD–1 Rate field to access the document. For determining the appropriate action to be Schedule and a maximum commodity assistance, please contact FERC Online taken, but will not serve to make charge of $ 0.0526 per Dth in the LTD– Support at protestants parties to the proceeding. 2 Rate Schedule. [email protected] or toll Such protests must be filed in On October 7, 2005, the Commission free at (866) 208–3676, or TTY, contact accordance with the provisions of issued new rules which generally (202) 502–8659. Section 154.210 of the Commission’s require that projects involving liquefied Any questions regarding this regulations (18 CFR 154.210). Anyone natural gas terminals follow mandatory application should be directed to Anne filing a protest must serve a copy of that procedures requiring prospective E. Bomar, Managing Director, document on all the parties to the applicants to begin the Commission’s Transmission, Rates and Regulation, proceeding. pre-filing review process at least six Dominion Resources, Inc., 120 Tredegar months prior to filing an application for The Commission encourages Street, Richmond, Virginia 23219, or by any siting or construction electronic submission of protests in lieu phone at (804) 819–2134. authorizations. (See Order No. 665, new of paper using the ‘‘eFiling’’ link at Cove Point LNG says that the Air rules at 18 CFR 157.21) However, based http://www.ferc.gov. Persons unable to Separation Unit Project is designed to on an October 25, 2005 request by Cove file electronically should submit an add two air separation units, a liquid Point LNG under section 157.21(e)(2) of original and 14 copies of the protest to nitrogen storage tank, an electric the new rules, the Director of the the Federal Energy Regulatory generation unit, and appurtenant Commission’s Office of Energy Projects Commission, 888 First Street, NE., facilities at the Cove Point LNG import made a finding and determination on Washington, DC 20426. terminal. This project will increase Cove November 14, 2005, that the pre-filing This filing is accessible on-line at Point LNG’s ability to inject nitrogen review process would not apply to Cove http://www.ferc.gov, using the into the vaporized liquefied natural gas Point LNG’s Air Separation Unit Project. ‘‘eLibrary’’ link and is available for as necessary to meet the tariff There are two ways to become review in the Commission’s Public requirements for gas quality contained involved in the Commission’s review of Reference Room in Washington, DC. in the Cove Point LNG’s tariff. Cove this project. First, any person wishing to There is an ‘‘eSubscription’’ link on the Point LNG requests that the Commission obtain legal status by becoming a party Web site that enables subscribers to grant the requested authorization at the to the proceedings for this project receive e-mail notification when a earliest practicable date, in order to should, on or before the comment date, document is added to a subscribed ensure an in-service date of January file with the Federal Energy Regulatory docket(s). For assistance with any FERC 2008. Commission, 888 First Street, NE., Online service, please e-mail Cove Point LNG says that the facilities Washington, DC 20426, a motion to [email protected], or call proposed in the Cove Point Air intervene in accordance with the
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requirements of the Commission’s Rules DEPARTMENT OF ENERGY Online service, please e-mail of Practice and Procedure (18 CFR [email protected], or call 385.214 or 385.211) and the Regulations Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call under the Natural Gas Act (18 CFR Commission (202) 502–8659. 157.10). A person obtaining party status [Docket No. RP06–105–000] Magalie R. Salas, will be placed on the service list Secretary. maintained by the Secretary of the Eastern Shore Natural Gas Company; [FR Doc. E5–6947 Filed 12–6–05; 8:45 am] Commission and will receive copies of Notice of Proposed Changes in FERC BILLING CODE 6717–01–P all documents filed by the applicant and Gas Tariff by all other parties. A party must submit November 29, 2005. 14 copies of filings made with the Take notice that on November 22, DEPARTMENT OF ENERGY Commission and must mail a copy to 2005, Eastern Shore Natural Gas the applicant and to every other party in Company (ESNG) tendered for filing as Federal Energy Regulatory the proceeding. Only parties to the part of its FERC Gas Tariff, Second Commission proceeding can ask for court review of Revised Volume No. 1, the following [Docket No. RP04–248–008; Docket No. Commission orders in the proceeding. tariff sheets, with a proposed effective RP04–251–009] Persons who wish to comment only date of November 1, 2005: on the environmental review of this El Paso Natural Gas Company; Notice Fifty-Ninth Revised Sheet No. 7. of Compliance Filing project, or in support of or in opposition Fifty-Ninth Revised Sheet No. 8. to this project, should submit an ESNG states that copies of the filing November 29, 2005. original and two copies of their have been served upon its jurisdictional Take notice that on November 22, comments to the Secretary of the customers and interested state 2005, El Paso Natural Gas Company Commission. Environmental commissions. (EPNG) tendered for filing as part of its commenters will be placed on the Any person desiring to intervene or to FERC Gas Tariff, Second Revised Commission’s environmental mailing protest this filing must file in Volume No. 1A, the tariff sheets listed list, will receive copies of the accordance with Rules 211 and 214 of in Appendix A to become effective environmental documents, and will be the Commission’s Rules of Practice and January 1, 2006. notified of meetings associated with the Procedure (18 CFR 385.211 and EPNG states that copies of the filing Commission’s environmental review 385.214). Protests will be considered by were served on parties on the official process. Environmental commenters the Commission in determining the service list in the above-captioned will not be required to serve copies of appropriate action to be taken, but will proceedings. filed documents on all other parties. not serve to make protestants parties to Any person desiring to protest this The Commission’s rules require that the proceeding. Any person wishing to filing must file in accordance with Rule persons filing comments in opposition become a party must file a notice of 211 of the Commission’s Rules of to the project provide copies of their intervention or motion to intervene, as Practice and Procedure (18 CFR 385.211). Protests to this filing will be protests only to the applicant. However, appropriate. Such notices, motions, or considered by the Commission in the non-party commenters will not protests must be filed in accordance with the provisions of section 154.210 determining the appropriate action to be receive copies of all documents filed by of the Commission’s regulations (18 CFR taken, but will not serve to make other parties or issued by the 154.210). Anyone filing an intervention protestants parties to the proceeding. Commission (except for the mailing of or protest must serve a copy of that Such protests must be filed in environmental documents issued by the document on the Applicant. Anyone accordance with the provisions of Commission) and will not have the right filing an intervention or protest on or section 154.210 of the Commission’s to seek court review of the before the intervention or protest date regulations (18 CFR 154.210). Anyone Commission’s final order. need not serve motions to intervene or filing a protest must serve a copy of that The Commission strongly encourages protests on persons other than the document on all the parties to the electronic filings of comments, protests, Applicant. proceeding. and interventions via the internet in lieu The Commission encourages The Commission encourages of paper. See 18 CFR 385.2001(a)(1)(iii) electronic submission of protests and electronic submission of protests in lieu and the instructions on the interventions in lieu of paper using the of paper using the ‘‘eFiling’’ link at Commission’s Web site (http:// ‘‘eFiling’’ link at http://www.ferc.gov. http://www.ferc.gov. Persons unable to www.ferc.gov) under the ‘‘e-Filing’’ link. Persons unable to file electronically file electronically should submit an should submit an original and 14 copies original and 14 copies of the protest to Comment Date: December 16, 2005. of the protest or intervention to the the Federal Energy Regulatory Magalie R. Salas, Federal Energy Regulatory Commission, Commission, 888 First Street, NE., Washington, DC 20426. Secretary. 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at [FR Doc. E5–6927 Filed 12–6–05; 8:45 am] This filing is accessible on-line at http://www.ferc.gov, using the BILLING CODE 6717–01–P http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for review in the Commission’s Public review in the Commission’s Public Reference Room in Washington, DC. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to Web site that enables subscribers to receive e-mail notification when a receive e-mail notification when a document is added to a subscribed document is added to a subscribed docket(s). For assistance with any FERC docket(s). For assistance with any FERC Online service, please e-mail
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[email protected], or call The application is on file with the comments in support of or in opposition (866) 208–3676 (toll free). For TTY, call Commission and open to public to this project. The Commission will (202) 502–8659. inspection. This filing is available for consider these comments in review at the Commission in the Public determining the appropriate action to be Magalie R. Salas, Reference Room or may be viewed on taken, but the filing of a comment alone Secretary. the Commission’s Web site at http:// will not serve to make the filer a party [FR Doc. E5–6943 Filed 12–6–05; 8:45 am] www.ferc.gov using the ‘‘eLibrary’’ link. to the proceeding. The Commission’s BILLING CODE 6717–01–P Enter the docket number excluding the rules require that persons filing last three digits in the docket number comments in opposition to this project field to access the document. For provide copies of their protests only to DEPARTMENT OF ENERGY assistance, please contact FERC Online the party or parties directly involved in Support at Federal Energy Regulatory the protest. [email protected] or toll Commission Persons may also wish to comment free at (866) 208–3676, or for TTY, further only on the environmental contact (202) 502–8659. review of this project. Environmental [Docket Nos. CP06–5–000; CP06–6–000; Any questions regarding this commenters will be placed on the CP06–7–000] application should be directed to David Commission’s environmental mailing W. Reitz, Attorney for the Applicants, list, will receive copies of Empire State Pipeline, Empire Pipeline, 6363 Main Street, Williamsville, New Inc.; Notice of Application environmental documents issued by the York 14221; phone (719) 857–7949 or Commission, and will be notified of November 30, 2005. [email protected]. meetings associated with the On September 21, 2004 the Take notice that on October 11, 2005, Commission’s environmental review Commission staff granted the Empire State Pipeline (Empire State), process. Those persons, organizations, Applicants’ request to utilize the and Empire Pipeline, Inc. and agencies who submitted comments National Environmental Policy Act (EPI)(collectively, Applicants), 6363 during the NEPA Pre-Filing Process in (NEPA) Pre-Filing Process and assigned Main Street, Williamsville, New York Docket No. PF04–16–000 are already on Docket No. PF04–16–000 to staff 14221, filed with the Federal Energy the Commission staff’s environmental activities involving the Empire mailing list for the proceeding in the Regulatory Commission (Commission) Connector Project. Now, as of the filing an application under section 7(c) of the above dockets and may file additional of this application on October 11, 2005, comments on or before the below listed Natural Gas Act and parts 157 and 284 the NEPA Pre-Filing Process for this of the Commission’s regulations for: (1) comment date. Environmental project has ended. From this time commenters will not be required to A certificate of public convenience and forward, this proceeding will be necessity authorizing the construction, serve copies of filed documents on all conducted in Docket Nos. CP06–5–000, other parties. However, environmental ownership, and operation of existing et. al, as noted in the caption of this and new interstate natural gas pipeline, commenters are also not parties to the Notice. proceeding and will not receive copies compression and other facilities; (2) a There are two ways to become of all documents filed by other parties blanket certificate to provide open- involved in the Commission’s review of or non-environmental documents issued access firm and interruptible this project. First, any person wishing to by the Commission. Further, they will transportation services; and (3) a blanket obtain legal status by becoming a party certificate to construct, operate, and/or to the proceedings for this project not have the right to seek court review abandon certain eligible facilities, and should, on or before the comment date of any final order by Commission in this services related thereto. Empire also listed below, file with the Federal proceeding. The Commission strongly encourages requests authorization of the initial rates Energy Regulatory Commission, 888 for transportation service and terms and First Street, NE., Washington, DC 20426, electronic filings of comments, protests, conditions of service proposed in the a motion to intervene in accordance and interventions via the Internet in lieu pro forma tariff. with the requirements of the of paper. See 18 CFR 385.2001(a)(1)(iii) Empire State’s existing facilities Commission’s Rules of Practice and and the instructions on the consist of an approximately 157-mile Procedure (18 CFR 385.214 or 385.211) Commission’s Web site (http:// natural gas pipeline running from the and the Regulations under the NGA (18 www.ferc.gov) under the ‘‘e-Filing’’ link. U.S./Canada border near Buffalo, New CFR 157.10). A person obtaining party Comment Date: January 17, 2006. York to near Syracuse, New York, and status will be placed on the service list Magalie R. Salas, are currently subject to state maintained by the Secretary of the Secretary. jurisdiction. In the Empire Connector Commission and will receive copies of [FR Doc. E5–6959 Filed 12–6–05; 8:45 am] Project, the Applicants propose to all documents filed by the applicant and BILLING CODE 6717–01–P expand and extend the existing Empire by all other parties. A party must submit State pipeline from Victor, New York, to 14 copies of this filing and all a proposed interconnection with the subsequent filings made with the DEPARTMENT OF ENERGY facilities of Millennium Pipeline Commission and must mail a copy of all Company, L.P. in Corning, New York. filing to the applicant and to every other Federal Energy Regulatory The expansion facilities will consist of party in the proceeding. Only parties to Commission approximately 78 miles of 24-inch the proceeding can ask for court review [Docket No. RP06–108–000] diameter pipeline, 20,620 horsepower of Commission orders in the proceeding. compressor station, and associated However, other persons do not have Enbridge Pipelines (KPC); Notice of facilities. The Applicants state the to intervene in order to have comments Proposed Changes in FERC Gas Tariff proposed facilities will have a design considered. The second way to capacity of 250,000 Dth/day in the participate is by filing with the November 29, 2005. winter and 221,000 Dth/day in the Secretary of the Commission, as soon as Take notice that on November 23, summer. possible, an original and two copies of 2005, Enbridge Pipelines (KPC)
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tendered for filing as part of its FERC DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call Gas Tariff, First Revised Volume No. 1, (202) 502–8659. Sixth Revised Sheet No. 31C, to become Federal Energy Regulatory Comment Date: 5 p.m. eastern time on effective on December 23, 2005. Commission December 8, 2005. Any person desiring to intervene or to [Docket No. EC05–43–000] Magalie R. Salas, protest this filing must file in Secretary. accordance with Rules 211 and 214 of Exelon Corporation Public Service [FR Doc. E5–6924 Filed 12–6–05; 8:45 am] the Commission’s Rules of Practice and Enterprise Group Incorporated; Notice BILLING CODE 6717–01–P Procedure (18 CFR 385.211 and of Compliance Filing 385.214). Protests will be considered by November 25, 2005. the Commission in determining the DEPARTMENT OF ENERGY On August 1, 2005, Exelon appropriate action to be taken, but will Corporation and Public Service not serve to make protestants parties to Federal Energy Regulatory Enterprise Group Incorporated Commission the proceeding. Any person wishing to (Applicants) submitted a filing in become a party must file a notice of compliance with Ordering Paragraph [Docket No. EL06–15–000] intervention or motion to intervene, as (H) the Commission’s Order Authorizing appropriate. Such notices, motions, or Merger Under section 203 of the Federal Exelon Generation Corporation, LLC; protests must be filed in accordance Power Act issued July 1, 2005, in the Notice of Filing with the provisions of section 154.210 above-docketed proceeding. Exelon of the Commission’s regulations (18 CFR Corporation Public Service Corporation, November 28, 2005. 154.210). Anyone filing an intervention 112 FERC ¶61,011 (20205). The Take notice that on October 28, 2005, or protest must serve a copy of that compliance filing addresses (1) the Exelon Generation Company, LLC and document on the Applicant. Anyone Applicants’ commitment to retain an Public Service Electric and Gas filing an intervention or protest on or independent party to administer the Company (collectively, Applicants) before the intervention or protest date baseload energy auction; and (2) the submitted for filing a Petition for need not serve motions to intervene or Applicants commitment to establish a Declaratory Order. Applicants state that protests on persons other than the public compliance Web site. the purpose of the filing is to request the Applicant. Any person desiring to intervene or to Commission to find that the payment of protest this filing must file in dividends from the Applicant’s capital The Commission encourages accordance with Rules 211 and 214 of accounts, following the consummation electronic submission of protests and the Commission’s Rules of Practice and of the merger between Exelon interventions in lieu of paper using the Procedure (18 CFR 385.211, 385.214). Corporation and Public Service ‘‘eFiling’’ link at http://www.ferc.gov. Protests will be considered by the Enterprise Group Incorporated, will not Persons unable to file electronically Commission in determining the implicate section 305(a) of the Federal should submit an original and 14 copies appropriate action to be taken, but will Power Act. Applicants request authority of the protest or intervention to the not serve to make protestants parties to to pay dividends from the identified Federal Energy Regulatory Commission, the proceeding. Any person wishing to capital accounts only up to the level of 888 First Street, NE., Washington, DC become a party must file a notice of retained earnings of identified 20426. intervention or motion to intervene, as subsidiaries shown on their closing This filing is accessible on-line at appropriate. Such notices, motions, or balance sheets on the day of the merger http://www.ferc.gov, using the protests must be filed on or before the closing. ‘‘eLibrary’’ link and is available for comment date. Anyone filing a motion Any person desiring to intervene or to review in the Commission’s Public to intervene or protest must serve a copy protest this filing must file in Reference Room in Washington, DC. of that document on the Applicant and accordance with Rules 211 and 214 of There is an ‘‘eSubscription’’ link on the all the parties in this proceeding. the Commission’s Rules of Practice and Web site that enables subscribers to The Commission encourages Procedure (18 CFR 385.211, 385.214). receive e-mail notification when a electronic submission of protests and Protests will be considered by the interventions in lieu of paper using the Commission in determining the document is added to a subscribed ‘‘eFiling’’ link at http://www.ferc.gov. appropriate action to be taken, but will docket(s). For assistance with any FERC Persons unable to file electronically not serve to make protestants parties to Online service, please e-mail should submit an original and 14 copies the proceeding. Any person wishing to [email protected], or call of the protest or intervention to the become a party must file a notice of (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Commission, intervention or motion to intervene, as (202) 502–8659. 888 First Street, NE., Washington, DC appropriate. Such notices, motions, or Magalie R. Salas, 20426. protests must be filed on or before the This filing is accessible on-line at comment date. Anyone filing a motion Secretary. http://www.ferc.gov, using the to intervene or protest must serve a copy [FR Doc. E5–6950 Filed 12–6–05; 8:45 am] ‘‘eLibrary’’ link and is available for of that document on the Applicant and BILLING CODE 6717–01–P review in the Commission’s Public all the parties in this proceeding. Reference Room in Washington, DC. The Commission encourages There is an ‘‘eSubscription’’ link on the electronic submission of protests and Web site that enables subscribers to interventions in lieu of paper using the receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. document is added to a subscribed Persons unable to file electronically docket(s). For assistance with any FERC should submit an original and 14 copies Online service, please e-mail of the protest or intervention to the [email protected], or call Federal Energy Regulatory Commission,
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888 First Street, NE., Washington, DC protests on persons other than the Practice and Procedure (18 CFR 20426. Applicant. 385.211). Protests to this filing will be This filing is accessible on-line at The Commission encourages considered by the Commission in http://www.ferc.gov, using the electronic submission of protests and determining the appropriate action to be ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the taken, but will not serve to make review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. protestants parties to the proceeding. Reference Room in Washington, DC. Persons unable to file electronically Such protests must be filed in There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies accordance with the provisions of Web site that enables subscribers to of the protest or intervention to the section 154.210 of the Commission’s receive e-mail notification when a Federal Energy Regulatory Commission, regulations (18 CFR 154.210). Anyone document is added to a subscribed 888 First Street, NE., Washington, DC filing a protest must serve a copy of that docket(s). For assistance with any FERC 20426. document on all the parties to the Online service, please e-mail This filing is accessible on-line at proceeding. [email protected], or call http://www.ferc.gov, using the The Commission encourages (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for electronic submission of protests in lieu (202) 502–8659. review in the Commission’s Public of paper using the ‘‘eFiling’’ link at Comment Date: 5 p.m. eastern time on Reference Room in Washington, DC. http://www.ferc.gov. Persons unable to December 13, 2005. There is an ‘‘eSubscription’’ link on the file electronically should submit an Magalie R. Salas, Web site that enables subscribers to original and 14 copies of the protest to receive e-mail notification when a the Federal Energy Regulatory Secretary. document is added to a subscribed Commission, 888 First Street, NE., [FR Doc. E5–6928 Filed 12–6–05; 8:45 am] docket(s). For assistance with any FERC Washington, DC 20426. BILLING CODE 6717–01–P Online service, please e-mail This filing is accessible on-line at [email protected], or call http://www.ferc.gov, using the (866) 208–3676 (toll free). For TTY, call DEPARTMENT OF ENERGY ‘‘eLibrary’’ link and is available for (202) 502–8659. review in the Commission’s Public Federal Energy Regulatory Magalie R. Salas, Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Commission Secretary. Web site that enables subscribers to [Docket No. RP06–106–000] [FR Doc. E5–6948 Filed 12–6–05; 8:45 am] receive e-mail notification when a BILLING CODE 6717–01–P document is added to a subscribed Gas Transmission Northwest docket(s). For assistance with any FERC Corporation; Notice of Proposed Online service, please e-mail Changes in FERC Gas Tariff DEPARTMENT OF ENERGY [email protected], or call November 29, 2005. Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Take notice that on November 22, Commission (202) 502–8659. 2005, Gas Transmission Northwest Magalie R. Salas, Corporation (GTN) tendered for filing as [Docket No. RP05–475–001] Secretary. part of its FERC Gas Tariff, Third Great Lakes Gas Transmission Limited Revised Volume No. 1–A, Second [FR Doc. E5–6944 Filed 12–6–05; 8:45 am] Partnership; Notice of Compliance BILLING CODE 6717–01–P Revised Sheet No. 175, to become Filing effective December 23, 2005. GTN states that a copy of this filing November 29, 2005. DEPARTMENT OF ENERGY has been served on GTN’s jurisdictional customers and interested state Take notice that on September 23, 2005, Great Lakes Gas Transmission Federal Energy Regulatory regulatory agencies. Commission Any person desiring to intervene or to Limited Partnership (Great Lakes) protest this filing must file in tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. [Docket Nos. ER06–167–000 and ER06–167– accordance with Rules 211 and 214 of 001] the Commission’s Rules of Practice and 1, the following tariff sheets, with an effective date of September 1, 2005: Procedure (18 CFR 385.211 and Liberty Power Maryland LLC; Notice of 385.214). Protests will be considered by Eighth Revised Sheet No. 10A. Issuance of Order the Commission in determining the Sixth Revised Sheet No. 39A. appropriate action to be taken, but will Fifth Revised Sheet No. 39B. November 29, 2005. not serve to make protestants parties to Substitute Tenth Revised Sheet No. 50C. Liberty Power Maryland LLC (Liberty the proceeding. Any person wishing to Great Lakes states that the filing is Power Maryland) filed an application become a party must file a notice of being made in compliance with the for market-based rate authority, with an intervention or motion to intervene, as Commission’s Letter Order on accompanying rate tariff. The proposed appropriate. Such notices, motions, or Compliance with Order No. 587–S, rate tariff provides for the sales of protests must be filed in accordance issued on September 8, 2005 in Docket capacity and energy at market-based with the provisions of section 154.210 No. RP05–475–000. rates. Liberty Power Maryland also of the Commission’s regulations (18 CFR Great Lakes states that copies of the requested waiver of various Commission 154.210). Anyone filing an intervention filing were served on parties on the regulations. In particular, Liberty Power or protest must serve a copy of that official service list in the above- Maryland requested that the document on the Applicant. Anyone captioned proceeding. Commission grant blanket approval filing an intervention or protest on or Any person desiring to protest this under 18 CFR part 34 of all future before the intervention or protest date filing must file in accordance with Rule issuances of securities and assumptions need not serve motions to intervene or 211 of the Commission’s Rules of of liability by Liberty Power Maryland.
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On November 29, 2005, pursuant to DEPARTMENT OF ENERGY and to every other party in the delegated authority, the Director, proceeding. Only parties to the Division of Tariffs and Market Federal Energy Regulatory proceeding can ask for court review of Development—South, granted the Commission Commission orders in the proceeding. request for blanket approval under part [Docket No. CP98–150–006] Persons who wish to comment only 34. The Director’s order also stated that on the environmental review of this the Commission would publish a Millennium Pipeline Company, L.P.; project, or in support of or in opposition separate notice in the Federal Register Notice of Petition To Amend to this project, should submit an establishing a period of time for the original and two copies of their November 30, 2005. filing of protests. Accordingly, any comments to the Secretary of the Take notice that on August 1, 2005, person desiring to be heard or to protest Commission. Environmental Millennium Pipeline Company, L.P., commentors will be placed on the the blanket approval of issuances of (Millennium), 12801 Fair Lakes securities or assumptions of liability by Commission’s environmental mailing Parkway, Fairfax, Virginia 22030, filed list, will receive copies of the Liberty Power Maryland should file a in Docket No. CP98–150–006, a petition motion to intervene or protest with the environmental documents, and will be to amend the Commission Order issued notified of meetings associated with the Federal Energy Regulatory Commission, September 19, 2002, pursuant to section 888 First Street, NE., Washington, DC Commission’s environmental review 7 of the Natural Gas Act to allow the process. Environmental commentors 20426, in accordance with Rules 211 phased construction of its system. and 214 of the Commission’s Rules of will not be required to serve copies of Specifically, Millennium seeks filed documents on all other parties. Practice and Procedure. 18 CFR 385.211, authorization to construct Phase I of the 385.214 (2004). The Commission’s rules require that system, extending from a point in persons filing comments in opposition Notice is hereby given that the Greenwood, New York to a point in to the project provide copies of their deadline for filing motions to intervene Clarkstown, New York. protests only to the applicant. However, This petition is on file with the or protests is December 29, 2005. the non-party commentors will not Commission and open to public receive copies of all documents filed by Absent a request to be heard in inspection. This filing is available for other parties or issued by the opposition by the deadline above, review at the Commission in the Public Commission (except for the mailing of Liberty Power Maryland is authorized to Reference Room or may be viewed on environmental documents issued by the issue securities and assume obligations the Commission’s Web site at http:// Commission) and will not have the right or liabilities as a guarantor, indorser, www.ferc.gov using the ‘‘eLibrary’’ link. surety, or otherwise in respect of any Enter the docket number excluding the to seek court review of the security of another person; provided last three digits in the docket number Commission’s final order. The Commission strongly encourages that such issuance or assumption is for field to access the document. For electronic filings of comments, protests, some lawful object within the corporate assistance, please contact FERC Online purposes of Liberty Power Maryland, Support at and interventions via the Internet in lieu compatible with the public interest, and [email protected] or toll of paper. See, 18 CFR 385.2001(a)(1)(iii) is reasonably necessary or appropriate free at (866) 208–3676, or for TTY, and the instructions on the for such purposes. contact (202) 502–8659. Commission’s Web site (http:// Any initial questions regarding this www.ferc.gov) under the ‘‘e-Filing’’ link. The Commission reserves the right to Comment Date: January 17, 2006. require a further showing that neither petition should be directed to counsel public nor private interests will be for Millennium, Daniel F. Collins or Magalie R. Salas, adversely affected by continued Glenn S. Benson, Fulbright & Jaworski, Secretary. approval of Liberty Power Maryland’s L.L.P., at 801 Pennsylvania Avenue, [FR Doc. E5–6954 Filed 12–6–05; 8:45 am] NW., Washington, DC 20004; or (202) issuances of securities or assumptions of BILLING CODE 6717–01–P liability. 662–4586 (Daniel) or (202) 662–4589 (Glenn), or by fax at (202) 662–4643. Copies of the full text of the Director’s There are two ways to become DEPARTMENT OF ENERGY Order are available from the involved in the Commission’s review of Commission’s Public Reference Room, this project. First, any person wishing to Federal Energy Regulatory 888 First Street, NE., Washington, DC obtain legal status by becoming a party Commission 20426. The Order may also be viewed to the proceedings for this project [Docket No. RP06–109–000] on the Commission’s Web site at should, on or before the comment date, http://www.ferc.gov, using the eLibrary file with the Federal Energy Regulatory Northern Natural Gas Company; Notice link. Enter the docket number excluding Commission, 888 First Street, NE., of Proposed Changes in FERC Gas the last three digits in the docket Washington, DC 20426, a motion to Tariff number filed to access the document. intervene in accordance with the Comments, protests, and interventions requirements of the Commission’s Rules November 30, 2005. may be filed electronically via the of Practice and Procedure (18 CFR Take notice that on November 23, internet in lieu of paper. See, 18 CFR 385.214 or 385.211) and the Regulations 2005, Northern Natural Gas Company 385.2001(a)(1)(iii) and the instructions under the NGA (18 CFR 157.10). A (Northern) tendered for filing to become on the Commission’s Web site under the person obtaining party status will be part of its FERC Gas Tariff, Fifth Revised ‘‘e-Filing’’ link. The Commission placed on the service list maintained by Volume No. 1, Eleventh Revised Sheet strongly encourages electronic filings. the Secretary of the Commission and No. 259, with an effective date of will receive copies of all documents December 24, 2005. Magalie R. Salas, filed by the applicant and by all other Northern further states that copies of Secretary. parties. A party must submit 14 copies the filing have been mailed to each of [FR Doc. E5–6936 Filed 12–6–05; 8:45 am] of filings made with the Commission its customers and interested state BILLING CODE 6717–01–P and must mail a copy to the applicant commissions.
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Any person desiring to intervene or to Original Volume No. 1, Third Substitute provides for the sales of energy and protest this filing must file in Fifth Revised Sheet No. 380 to become capacity at market-based rates. Silverhill accordance with Rules 211 and 214 of effective on September 1, 2005. also requested waiver of various the Commission’s Rules of Practice and PNGTS states that copies of this filing Commission regulations. In particular, Procedure (18 CFR 385.211 and are being served on all jurisdictional Silverhill requested that the 385.214). Protests will be considered by customers, interested state Commission grant blanket approval the Commission in determining the commissions, and persons on the under 18 CFR part 34 of all future appropriate action to be taken, but will official service list in this proceeding. issuances of securities and assumptions not serve to make protestants parties to Any person desiring to protest this of liability by Silverhill. the proceeding. Any person wishing to filing must file in accordance with Rule On November 22, 2005, pursuant to become a party must file a notice of 211 of the Commission’s Rules of delegated authority, the Director, intervention or motion to intervene, as Practice and Procedure (18 CFR Division of Tariffs and Market appropriate. Such notices, motions, or 385.211). Protests to this filing will be Development—South, granted the protests must be filed in accordance considered by the Commission in request for blanket approval under part with the provisions of section 154.210 determining the appropriate action to be 34. The Director’s order also stated that of the Commission’s regulations (18 CFR taken, but will not serve to make the Commission would publish a 154.210). Anyone filing an intervention protestants parties to the proceeding. separate notice in the Federal Register or protest must serve a copy of that Such protests must be filed in establishing a period of time for the document on the Applicant. Anyone accordance with the provisions of filing of protests. Accordingly, any filing an intervention or protest on or section 154.210 of the Commission’s person desiring to be heard or to protest before the intervention or protest date regulations (18 CFR 154.210). Anyone the blanket approval of issuances of need not serve motions to intervene or filing a protest must serve a copy of that securities or assumptions of liability by protests on persons other than the document on all the parties to the Silverhill should file a motion to Applicant. proceeding. intervene or protest with the Federal The Commission encourages The Commission encourages Energy Regulatory Commission, 888 electronic submission of protests and electronic submission of protests in lieu First Street, NE., Washington, DC 20426, interventions in lieu of paper using the of paper using the ‘‘eFiling’’ link at in accordance with Rules 211 and 214 ‘‘eFiling’’ link at http://www.ferc.gov. http://www.ferc.gov. Persons unable to of the Commission’s Rules of Practice Persons unable to file electronically file electronically should submit an and Procedure. 18 CFR 385.211, 385.214 should submit an original and 14 copies original and 14 copies of the protest to (2004). of the protest or intervention to the the Federal Energy Regulatory Notice is hereby given that the Federal Energy Regulatory Commission, Commission, 888 First Street, NE., deadline for filing motions to intervene 888 First Street, NE., Washington, DC Washington, DC 20426. or protests is December 22, 2005. 20426. This filing is accessible on-line at This filing is accessible on-line at http://www.ferc.gov, using the Absent a request to be heard in http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for opposition by the deadline above, ‘‘eLibrary’’ link and is available for review in the Commission’s Public Silverhill is authorized to issue review in the Commission’s Public Reference Room in Washington, DC. securities and assume obligations or Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the liabilities as a guarantor, indorser, There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to surety, or otherwise in respect of any Web site that enables subscribers to receive e-mail notification when a security of another person; provided receive e-mail notification when a document is added to a subscribed that such issuance or assumption is for document is added to a subscribed docket(s). For assistance with any FERC some lawful object within the corporate docket(s). For assistance with any FERC Online service, please e-mail purposes of Silverhill, compatible with Online service, please e-mail [email protected], or call the public interest, and is reasonably [email protected], or call (866) 208–3676 (toll free). For TTY, call necessary or appropriate for such (866) 208–3676 (toll free). For TTY, call (202) 502–8659. purposes. (202) 502–8659. The Commission reserves the right to Magalie R. Salas, Magalie R. Salas, require a further showing that neither Secretary. public nor private interests will be Secretary. [FR Doc. E5–6946 Filed 12–6–05; 8:45 am] adversely affected by continued [FR Doc. E5–6953 Filed 12–6–05; 8:45 am] BILLING CODE 6717–01–P approval of Silverhill’s issuances of BILLING CODE 6717–01–P securities or assumptions of liability. DEPARTMENT OF ENERGY Copies of the full text of the Director’s DEPARTMENT OF ENERGY Order are available from the Federal Energy Regulatory Commission’s Public Reference Room, Federal Energy Regulatory Commission 888 First Street, NE., Washington, DC Commission 20426. The Order may also be viewed [Docket Nos. ER05–1195–000, ER05–1195– on the Commission’s Web site at [Docket No. RP05–671–003] 001 and ER05–1195–02] http://www.ferc.gov, using the eLibrary Portland Natural Gas Transmission Silverhill Ltd.; Notice of Issuance of link. Enter the docket number excluding System; Notice of Compliance Filing Order the last three digits in the docket number filed to access the document. November 29, 2005. November 25, 2005. Comments, protests, and interventions Take notice that on November 17, Silverhill Ltd. (Silverhill) filed an may be filed electronically via the 2005, Portland Natural Gas application for market-based rate Internet in lieu of paper. See, 18 CFR Transmission System (PNGTS) tendered authority, with an accompanying rate 385.2001(a)(1)(iii) and the instructions for filing as part of its FERC Gas Tariff, schedule. The proposed rate tariff on the Commission’s Web site under the
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‘‘e-Filing’’ link. The Commission platform; and (3) a twenty-two inch transmission providers to delay for a strongly encourages electronic filings. mainline extending from the West Delta limited period of time compliance with Block 79A platform to the Venice Plant the requirement of section 358.4(a)(2) of Magalie R. Salas, located near Venice, Louisiana. Venice the Commission’s regulations to report Secretary. states, further, that Hurricane Katrina to the Commission and post on the [FR Doc. E5–6922 Filed 12–6–05; 8:45 am] caused extensive damage to processing OASIS or Internet Web site, as BILLING CODE 6717–01–P plants and offshore pipelines located applicable, each emergency that along the Louisiana Gulf Coast, resulted in any deviation from the including the Venice Plant and the Standards of Conduct. In addition, due DEPARTMENT OF ENERGY Venice Gathering system. to the extreme nature of the emergency Venice Gathering explains that, due to in each instance, the Commission also Federal Energy Regulatory the substantial quantities of gas Commission waived, for those limited periods, the production shut-in on its system due to requirements to record and retain a [Docket No. RM01–10–000; Docket Nos. damage caused by Hurricane Katrina, record of each deviation of the EY06–7–000, TS06–2–000] certain Venice Gathering and Targa Standards of Conduct.3 employees with the required expertise The Commission grants Venice Standards of Conduct for and availability to assist in restoration Gathering a waiver of the recording and Transmission Providers; Venice efforts will engage in communications posting requirements of sections Gathering System, L.L.C.; Notice about the status of the restoration efforts 358.4(a)(2) and 358.4(b)(3)(iv) of the Granting Waiver of Posting and Record and communications to coordinate joint Commission’s regulations in these Keeping Requirements operations and repair work. Venice emergency circumstances, effective on Gathering explains, further, that it needs November 28, 2005. the date of this notice until the earlier to use all available employees with the On November 9, 2005, Venice of the end of the gas day on December requisite skills to assist in repairs to the 31, 2005, or the date on which the Gathering System, L.L.C. (Venice pipelines and related onshore facilities. Gathering) filed to seek a temporary Venice Gathering system has returned to According to Venice Gathering, its full pre-hurricane operation, without emergency waiver of sections 358.4(a)(2) restoration efforts may result in sharing and 358.4(b)(3)(iv) of the Commission’s prejudice to Venice Gathering of information and/or employees requesting a further extension, if regulations, 18 CFR 358.4(a)(2) and between Venice Gathering and its 358.4(b)(3)(iv)(2005), and for any other necessary. The Commission directs Energy Affiliates and discussions Venice Gathering to ensure that the waivers necessary for Venice Gathering between its employees and third-party to proceed with the restoration work on employees affected by this waiver employees who also are engaged in observe the no-conduit prohibition in its pipeline facilities and on the Venice hurricane-related restoration efforts. Gathering Processing Plant necessitated the Standards of Conduct, 18 CFR Venice Gathering points out that any 358.5(b)(7) (2005). by Hurricane Katrina. Venice Gathering potential risk of discrimination that may requests the waiver until the earlier of be associated with the waivers is Magalie R. Salas, the end of the gas day on December 31, mitigated by the fact that it currently is Secretary. 2005 or the date on which the Venice out of service, and the waivers will [FR Doc. E5–6925 Filed 12–6–05; 8:45 am] Gathering system has returned to full terminate when its system is restored to BILLING CODE 6717–01–P pre-hurricane operation. full operation. Effective on the date of this notice, the In addition, Venice Gathering states Commission will grant Venice Gathering that, due to the resources devoted to the DEPARTMENT OF ENERGY a waiver, until the earlier of the end of restoration project, it is left with limited the gas day on December 31, 2005 or the resources to update in a timely manner Federal Energy Regulatory date on which the Venice Gathering its public website to reflect Commission system has returned to full pre- organizational changes associated with [Docket No. RP03–323–009] hurricane operation, of the otherwise Targa’s recent acquisition of Dynegy applicable requirements of section Midstream, Venice Gathering’s Williston Basin Interstate Pipeline 358.4(a)(2) to record and post a log of managing member. Venice Gathering, Company; Notice of Negotiated Rate emergency-related deviations from the therefore, requests that the Commission Standards of Conduct and of section grant these waivers on an expedited November 29, 2005. 358.4(b)(3)(iv) requirements to post basis. Take notice that on November 21, updated information on organizational The Commission has previously 2005, Williston Basin Interstate Pipeline changes resulting from the acquisition granted waivers of the emergency Company (Williston Basin), tendered for by Targa Resources, Inc. (Targa) of exception recording and posting filing with the Commission a negotiated Venice Gathering’s managing member, requirements of the Standards of Rate Schedule FT–1 Service Agreement. Dynegy Midstream Services, Limited Conduct due to Hurricane Katrina 1 and Williston Basin states that the proposed Partnership (Dynegy Midstream). Hurricane Rita.2 The waivers, among effective date of the Service Agreement Venice states that it owns and other things, allowed affected is the date the Conoco Refinery-Billings operates a FERC-jurisdictional natural delivery point is placed into service. gas gathering and transmission system 1 Notice Granting Extension Of Time To Comply Any person desiring to intervene or to consisting of: (1) A twenty-six inch With Posting And Other Requirements, Standards protest this filing must file in of Conduct for Transmission Providers, Docket Nos. mainline, extending from the South EY05–14–000, et al. (August 31, 2005); Notice accordance with Rules 211 and 214 of Timbalier Block 151 compressor Waiving Record Keeping Requirements, Standards the Commission’s Rules of Practice and platform in the Gulf of Mexico to the of Conduct for Transmission Providers, Docket Nos. Procedure (18 CFR 385.211 and Venice Plant; (2) a twenty-four inch EY05–14–001, et al. (September 7, 2005). 385.214). Protests will be considered by 2 Notice Granting Extension Of Time To Comply mainline extending from the South With Posting And Other Requirements, Standards the Commission in determining the Timbaliler Block 151 compressor of Conduct for Transmission Providers, Docket Nos. platform to the West Delta Block 79A EY05–20–000, et al. (September 23, 2005). 3 Supra notes 1 and 2.
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appropriate action to be taken, but will Juanita Brackens, Helen Davis, and Pearl DEPARTMENT OF ENERGY not serve to make protestants parties to Hankins (Complainants) filed what they the proceeding. Any person wishing to termed a formal complaint against Federal Energy Regulatory become a party must file a notice of Union Electric Company, doing Commission intervention or motion to intervene, as business as AmerenUE, licensee of the [Docket No. EL06–20–000] appropriate. Such notices, motions, or Osage Hydroelectric Project No. 459. protests must be filed in accordance The project is located on the Lake of the Wisconsin Public Service Corporation, with the provisions of Section 154.210 Ozarks in Missouri. Complainants allege Upper Peninsula Power Company, of the Commission’s regulations (18 CFR that the licensee has failed or refused to WPS Energy Services, Inc., WPS 154.210). Anyone filing an intervention comply with the Commission staff’s Power Development, L.L.C. or protest must serve a copy of that letter order of September 7, 2004, and Complainants v. Midwest Independent document on the Applicant. Anyone the Commission’s order of May 9, 2005 Transmission System Operator, Inc. filing an intervention or protest on or and PJM Interconnection, L.L.C. (111 FERC ¶ 61,190). In support, they before the intervention or protest date Respondents; Notice of Complaint raise issues concerning the licensee’s need not serve motions to intervene or protests on persons other than the compliance filing of October 14, 2005, November 29, 2005. Applicant. and Commission staff’s site visit report Take notice that on November 23, The Commission encourages of July 29, 2005. 2005, Wisconsin Public Service electronic submission of protests and On September 15, 2005, the Corporation, Upper Peninsula Power interventions in lieu of paper using the Commission denied Complainants’ Company, WPS Energy Services, Inc. and WPS Power Development, L.L.C. ‘‘eFiling’’ link at http://www.ferc.gov. request for rehearing of the (collectively, WPS Companies) filed a Persons unable to file electronically Commission’s May 9 order. See 112 formal complaint against the Midwest should submit an original and 14 copies FERC ¶ 61,289. Therefore, the issues of the protest or intervention to the Independent Transmission System resolved in that decision are final and Operator, Inc. and PJM Interconnection, Federal Energy Regulatory Commission, may not be the subject of a new 888 First Street, NE., Washington, DC L.L.C. (RTOs) pursuant to section 206 of complaint. On September 1, 2005, the Federal Power Act and 18 CFR 20426. Commission staff issued a letter order This filing is accessible on-line at 385.206, alleging that the RTOs’ October concerning some outstanding 31, 2005, compliance filing in Docket http://www.ferc.gov, using the compliance issues concerning the ‘‘eLibrary’’ link and is available for Nos. ER04–375–017 and 018 fails to project. On September 30, 2005, review in the Commission’s Public satisfy the Commission’s directives to Complainants filed a request for Reference Room in Washington, DC. form a comprehensive Joint and rehearing of staff’s September 1 letter There is an ‘‘eSubscription’’ link on the Common Market. The WPS Companies certify that Web site that enables subscribers to order. copies of the complaint were served on receive e-mail notification when a The issues raised in Complainants the contacts for the Midwest document is added to a subscribed filing of November 14, 2005, either Independent Transmission System docket(s). For assistance with any FERC relate to an ongoing compliance Operator, Inc. and PJM Interconnection, Online service, please e-mail proceeding for which Commission staff L.L.C. [email protected], or call has not yet completed its Any person desiring to intervene or to (866) 208–3676 (toll free). For TTY, call determinations, or are the subject of protest this filing must file in (202) 502–8659. Complainants’ request for rehearing of accordance with Rules 211 and 214 of Magalie R. Salas, staff’s letter order of September 1, the Commission’s Rules of Practice and 1 Secretary. 2005. As such, they are not yet final Procedure (18 CFR 385.211 and and are not properly the subject of a [FR Doc. E5–6942 Filed 12–6–05; 8:45 am] 385.214). Protests will be considered by formal complaint. Accordingly, the BILLING CODE 6717–01–P the Commission in determining the complaint is dismissed as premature. appropriate action to be taken, but will Complainants will have an opportunity not serve to make protestants parties to DEPARTMENT OF ENERGY to seek further relief after the pending the proceeding. Any person wishing to staff and Commission actions have been become a party must file a notice of Federal Energy Regulatory completed. intervention or motion to intervene, as Commission appropriate. Such notices, motions, or Magalie R. Salas, [Project No. 459–143, Docket No. EL05–73– protests must be filed on or before the Secretary. 003] comment date. Anyone filing a motion [FR Doc. E5–6933 Filed 12–6–05; 8:45 am] to intervene or protest must serve a copy Duncan’s Point Lot Owners BILLING CODE 6717–01–P of that document on the Applicant and Association, Inc.; Duncan’s Point all parties to this proceeding. Homeowners Association, Inc.; and The Commission encourages Nancy A. Brunson, Juanita Brackens, electronic submission of protests and Helen Davis, and Pearl Hankins, interventions in lieu of paper using the Individually v. Union Electric Company ‘‘eFiling’’ link at http://www.ferc.gov. d/b/a AmerenUE; Notice Dismissing Persons unable to file electronically Complaint as Premature should submit an original and 14 copies of the protest or intervention to the November 28, 2005. 1 To the extent that Complainants seek to raise Federal Energy Regulatory Commission, On November 14, 2005, Duncan’s issues regarding the conduct of the Commission or 888 First Street, NE., Washington, DC Point Lot Owners Association, Inc., its staff, these matters are outside the scope of the 20426. Duncan’s Point Homeowners Commission’s complaint process. See 18 CFR This filing is accessible on-line at Association, Inc., Nancy A. Brunson, 385.206(a). http://www.ferc.gov, using the
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‘‘eLibrary’’ link and is available for Applicants: Midwest Independent Filed Date: November 15, 2005. review in the Commission’s Public Transmission System Operator, Inc. Accession Number: 20051118–0204. Reference Room in Washington, DC. Description: Midwest Independent Comment Date: 5 p.m. eastern time on There is an ‘‘eSubscription’’ link on the Transmission System Operator, Inc Tuesday, December 6, 2005. Web site that enables subscribers to submits the Small Generator Docket Numbers: ER06–215–000. receive e-mail notification when a Interconnection & Operating Agreement Applicants: DeGreeffpa, LLC. document is added to a subscribed with Wolf Wind Transmission, LLC and Description: DeGreeffpa, LLC’s docket(s). For assistance with any FERC Great River Energy. petition for order accepting market- Online service, please e-mail Filed Date: November 16, 2005. based rate tariff for filing and granting [email protected], or call Accession Number: 20051118–0222. waivers and blanket approvals. (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. eastern time on Filed Date: November 16, 2005. (202) 502–8659. Wednesday, December 7, 2005. Accession Number: 20051118–0201. Comment Date: 5 p.m. eastern time on Docket Numbers: ER05–1318–002. Comment Date: 5 p.m. eastern time on December 19, 2005. Applicants: Geneva Energy, LLC. Wednesday, December 7, 2005. Description: Geneva Energy LLC Magalie R. Salas, Docket Numbers: ER06–216–000. submits a petition for acceptance of Applicants: Midwest Independent Secretary. initial rate schedule, waiver and blanket Transmission System Operator, Inc. [FR Doc. E5–6951 Filed 12–6–05; 8:45 am] authority in reference to Geneva’s self- Description: Midwest Independent BILLING CODE 6717–01–P certified small power production facility Transmission System Operator, Inc., located in Ford Heights, IL formerly submits a Large Generator known as New Heights Recovery & Interconnection Agreement with DEPARTMENT OF ENERGY Power, LLC. Ameren Services Co et al. Federal Energy Regulatory Filed Date: November 17, 2005. Filed Date: November 16, 2005. Commission Accession Number: 20051121–0108. Accession Number: 20051118–0205. Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on Combined Notice of Filings #1 Thursday, December 8, 2005. Wednesday, December 7, 2005. Docket Numbers: ER05–1534–001. Docket Numbers: ER06–217–000. November 28, 2005. Applicants: American Electric Power. Applicants: Geysers Power Company, Take notice that the Commission Description: American Electric Power LLC. received the following electric rate Service Corp, as agent for its affiliate Description: Geysers Power Co LLC filings. Appalachian Power Co submits AEP & submits updated rate schedule for the Docket Numbers: ER00–2268–011. Blue Power Agency, Inc Second Revised Reliability Must-Run Service Agreement Applicants: Pinnacle West Capital Substitute Original Sheet No. 13 of for Service Year 2006 w/ the California Corporation. Interconnection & Local Delivery Independent System Operator Corp et Description: Joint motion to expedite Service Agreement No. 1252. al. consideration of pending offer of Filed Date: November 14, 2005. Filed Date: November 16, 2005. settlement and concurrent filing by Accession Number: 20051116–0192. Accession Number: 20051118–0216. Arizona Public Service Co of notice of Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on cancellation re Pinnacle West Capital Monday, December 5, 2005. Wednesday, December 7, 2005. Corp, Rate Schedule FERC No. 127. Docket Numbers: ER05–1361–001. Docket Numbers: ER06–218–000. Filed Date: November 14, 2005. Applicants: Calpine Fox LLC. Applicants: Liberty Power District of Accession Number: 20051115–0150. Description: Calpine Fox LLC’s Columbia LLC. Docket Numbers: ER04–961–005. compliance filing of its revised Reactive Description: Liberty Power District of Applicants: Midwest Independent Supply & Voltage Control from Columbia LLC submits a Petition for Transmission System Operator, Inc. generation service rate schedule, Rate Initial Rate Schedule, Waivers and Description: Midwest Independent Schedule FERC No. 2. Blanket Authority. Transmission System Operator, Inc Filed Date: November 16, 2005. Filed Date: November 16, 2005. submits proposed revisions to Schedule Accession Number: 20051118–0203. Accession Number: 20051118–0214. 2 and Module A of their FERC Electric Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on Tariff, Third Revised Volume No. 1. Wednesday, December 7, 2005. Wednesday, December 7, 2005. Filed Date: November 16, 2005. Docket Numbers: ER06–162–000. Docket Numbers: ER06–219–000. Accession Number: 20051118–0202. Applicants: Entergy Service, Inc. Applicants: Liberty Power New York Comment Date: 5 p.m. eastern time on Description: Entergy Operating LLC. Wednesday, December 7, 2005. Companies submits proposed revisions Description: Liberty Power New York Docket Numbers: ER05–1047–002. to their Open Access Transmission LLC submits a Petition for Initial Rate Applicants: Midwest Independent Tariff, FERC Electric Tariff, second Schedule, Waivers and Blanket Transmission System Operator, Inc. Revised Volume No. 3. Authority. Description: Midwest Independent Filed Date: November 4, 2005. Filed Date: November 16, 2005. Transmission System Operator, Inc Accession Number: 20051108–0284. Accession Number: 20051118–0215. submits the Small Generator Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on Interconnection & Operating Agreement Thursday, December 8, 2005. Wednesday, December 7, 2005. with East Ridge Transmission, LLC and Docket Numbers: ER06–214–000. Docket Numbers: ER06–220–000. Great River Energy. Applicants: Power Bidding Strategies, Applicants: Bendwind, LLC. Filed Date: November 16, 2005. LLC. Description: Petition of Bendwind Accession Number: 20051118–0221. Description: Power Bidding Strategies, LLC for order accepting market-based Comment Date: 5 p.m. eastern time on LLC submits the petition for acceptance rate tariff for filing and granting waivers Wednesday, December 7, 2005. of initial rate schedule, waiver & blanket and blanket approvals. Docket Numbers: ER05–1048–002. authority. Filed Date: November 16, 2005.
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Accession Number: 20051118–0218. must file in accordance with Rules 211 DEPARTMENT OF ENERGY Comment Date: 5 p.m. eastern time on and 214 of the Commission’s Rules of Wednesday, December 7, 2005. Practice and Procedure (18 CFR 385.211 Federal Energy Regulatory Docket Numbers: ER06–221–000. and 385.214) on or before 5 p.m. Eastern Commission Applicants: Sierra Wind, LLC. time on the specified comment date. It Description: Petition of Sierra Wind is not necessary to separately intervene [Docket Nos. EG06–11–000, et al.] LLC for order accepting market-based again in a subdocket related to a rate tariff for filing and granting waivers compliance filing if you have previously Casselman Windpower, LLC, et al.; and blanket approvals. intervened in the same docket. Protests Electric Rate and Corporate Filings Filed Date: November 16, 2005. will be considered by the Commission November 29, 2005. Accession Number: 20051118–0217. in determining the appropriate action to Comment Date: 5 p.m. eastern time on The following filings have been made be taken, but will not serve to make Wednesday, December 7, 2005. with the Commission. The filings are protestants parties to the proceeding. listed in ascending order within each Docket Numbers: ER06–222–000. Anyone filing a motion to intervene or Applicants: Groen Wind, LLC. docket classification. protest must serve a copy of that Description: Groen Wind, LLC’s 1. Casselman Windpower, LLC. petition for order accepting market- document on the Applicant. In reference based rate tariff for filing and granting to filings initiating a new proceeding, [Docket No. EG06–11–000] interventions or protests submitted on waivers and blanket approvals. Take notice that on November 22, Filed Date: November 16, 2005. or before the comment deadline need not be served on persons other and the 2005, Casselman Windpower LLC Accession Number: 20051118–0224. (Casselman), hereby submits an Applicant. Comment Date: 5 p.m. eastern time on application for determination of exempt Wednesday, December 7, 2005. The Commission encourages wholesale generator status. Docket Numbers: ER06–223–000. electronic submission of protests and Casselman states that it is developing Applicants: Larswind, LLC. interventions in lieu of paper, using the and will construct, own and operate an Description: Larswind, LLC’s petition FERC Online links at http:// approximately 40 MW wind power for order accepting market-based rate www.ferc.gov. To facilitate electronic generation facility located in Summit tariff for filing and granting waivers and service, persons with Internet access Township, Somerset County, blanket approvals. who will eFile a document and/or be Filed Date: November 16, 2005. Pennsylvania. Casselman further states listed as a contact for an intervenor that it will be engaged directly and Accession Number: 20051118–0226. must create and validate an Comment Date: 5 p.m. eastern time on exclusively in the business of owning eRegistration account using the Wednesday, December 7, 2005. and operating all or part of one or more eRegistration link. Select the eFiling eligible facilities, and selling electric Docket Numbers: ER06–224–000. link to log on and submit the energy at wholesale. Applicants: TAIR Windfarm, LLC. intervention or protests. Description: TAIR Windfarm, LLC’s Comment Date: 5 p.m. Eastern Time petition for order accepting market- Persons unable to file electronically on December 13, 2005. based rate tariff for filing and granting should submit an original and 14 copies 2. Bank of America, N.A. waivers and blanket approvals. of the intervention or protest to the Filed Date: November 16, 2005. Federal Energy Regulatory Commission, [Docket No. EL02–130–000] Accession Number: 20051118–0225. 888 First St. NE., Washington, DC Take notice that on November 14, Comment Date: 5 p.m. eastern time on 20426. 2005, Bank of America, N.A. (Bank of Wednesday, December 7, 2005. The filings in the above proceedings America) tendered for filing its report Docket Numbers: ER06–225–000. are accessible in the Commission’s on holdings of public utility securities Applicants: Hillcrest Wind, LLC. eLibrary system by clicking on the as of September 30, 2005. Bank of Description: Hillcrest Wind, LLC’s appropriate link in the above list. They America states that due to an petition for order accepting market- are also available for review in the administrative oversight it failed to based rate tariff for filing and granting Commission’s Public Reference Room in submit prior reports for each quarter waivers and blanket approvals. Washington, DC. There is an since issuance of the June 5, 2003 and Filed Date: November 16, 2005. October 22, 2003 Orders and it is eSubscription link on the Web site that Accession Number: 20051118–0223. including Attachments B through H in enables subscribers to receive e-mail Comment Date: 5 p.m. eastern time on compliance of these Orders. Wednesday, December 7, 2005. notification when a document is added to a subscribed dockets(s). For Comment Date: 5 p.m. Eastern Time Docket Numbers: ER06–226–000. on December 8, 2005. Applicants: Choctaw Gas Generation, assistance with any FERC Online LLC. service, please e-mail 3. Consolidated Edison Company of Description: Application of Choctaw [email protected]. or call New York, Inc. (866) 208–3676 (toll free). For TTY, call Gas Generation, LLC for approval of rate [Docket No. EL05–123–002] schedule for sales of electric capacity, (202) 502–8659. energy & ancillary services at market- Take notice that on November 18, Magalie R. Salas, based rates & for approval of certain 2005, Consolidated Edison Company of waivers & blanket authorizations. Secretary. New York, Inc., in compliance with 112 Filed Date: November 17, 2005. [FR Doc. E5–6911 Filed 12–6–05; 8:45 am] FERC ¶ 61,304 issued September 9, Accession Number: 20051121–0109. BILLING CODE 6717–01–P 2005, submits a refund report of refund Comment Date: 5 p.m. eastern time on payments made to the New York Power Thursday, December 8, 2005. Authority. Any person desiring to intervene or to Comment Date: 5 p.m. Eastern Time protest in any of the above proceedings on December 9, 2005.
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4. Prime Power Sales I, LLC. document is added to a subscribed DEPARTMENT OF ENERGY [Docket No. ER05–982–002] docket(s). For assistance with any FERC Online service, please e-mail Federal Energy Regulatory Take notice that on October 18, 2005, [email protected], or call Commission Prime Power Sales I, LLC (PPSI) (866) 208–3676 (toll free). For TTY, call tendered for filing a notice of change in [Project No. 2153–012 California] (202) 502–8659. status regarding the representations the United Water Conservation District; Commission relied upon in granting Magalie R. Salas, Notice of Availability of Environmental PPSI market-based authority on July 14, Secretary. Assessment 2005. PSSI states that it has changed it [FR Doc. E5–6952 Filed 12–6–05; 8:45 am] upstream ownership since the July 14 BILLING CODE 6717–01–P November 28, 2005. Order was issued. In accordance with the National Comment Date: 5 p.m. Eastern Time Environmental Policy Act of 1969, as on December 7, 2005. DEPARTMENT OF ENERGY amended, and Federal Energy 5. Xcel Energy Services Inc. Regulatory Commission’s (Commission) Federal Energy Regulatory regulations (18 CFR Part 380), [Docket No. ER06–172–000] Commission Commission staff reviewed the Take notice that on November 3, application for a minor license for the 2005, Xcel Energy Services Inc. (XES) [Project No. 2984–042] Santa Felicia Hydroelectric Project and tendered for filing revised tariff sheets prepared this environmental assessment to the Xcel Energy Operating Companies S.D. Warren Company; Notice of (EA). The project is located on Piru Joint Open Access Transmission Tariff, Availability of Final Environmental Creek in Ventura County, California. First Revised Volume No. 1. XES states Assessment The project occupies 174.5 acres of U.S. that these revised tariff sheets are being land that is administered by the U.S. submitted on behalf of its operating November 29, 2005. Department of Agriculture, Forest companies Northern States Power In accordance with the National Service (Forest Service) in the Los Company—Minnesota and Northern Environmental Policy Act of 1969 and Padres and Angeles National Forests. Specifically, the project licensee, States Power Company—Wisconsin and the Federal Energy Regulatory United Water Conservation District, Southwestern Public Service Company. Commission’s (Commission) Comment Date: 5 p.m. Eastern Time requested Commission approval of the regulations, 18 CFR part 380 (Order No. on December 7, 2005. Santa Felicia Project for hydroelectric 486, 52 FR 47897), the Office of Energy generation purposes. In the EA, Projects’ staff has reviewed the Standard Paragraph Commission staff analyze the probable application for new license for the Eel Any person desiring to intervene or to environmental effects of relicensing the Weir Project, located at the outlet of protest this filing must file in project and conclude that approval of Sebago Lake, and has prepared a final accordance with Rules 211 and 214 of the project, with appropriate staff- Environmental Assessment (EA) for the the Commission’s Rules of Practice and recommended environmental measures, project. In the final EA, Commission Procedure (18 CFR 385.211, 385.214). would not constitute a major federal staff analyzed the potential Protests will be considered by the action significantly affecting the quality environmental effects of relicensing the Commission in determining the of the human environment. appropriate action to be taken, but will project and concludes that issuing a Copies of the EA are available for not serve to make protestants parties to new license for the project, with review in Public Reference Room 2–A of the proceeding. Any person wishing to appropriate environmental measures, the Commission’s offices at 888 First become a party must file a notice of would not constitute a major federal Street, NE., Washington, DC. The EA intervention or motion to intervene, as action that would significantly affect the also may be viewed on the appropriate. Such notices, motions, or quality of the human environment. Commission’s Internet Web site (http:// protests must be filed on or before the A copy of the final EA is available for www.ferc.gov) using the ‘‘eLibrary’’ link. comment date. On or before the review in the Public Reference Room or Additional information about the comment date, it is not necessary to may be viewed on the Commission’s project is available from the serve motions to intervene or protests Web site at http://www.ferc.gov using Commission’s Office of External Affairs on persons other than the Applicant. the ‘‘eLibrary’’ link. Enter the docket at (202) 502–6088, or on the The Commission encourages number excluding the last three digits in Commission’s website using the electronic submission of protests and the docket number field to access the eLibrary link. For assistance with interventions in lieu of paper using the document. For assistance, contact FERC eLibrary, contact ‘‘eFiling’’ link at http://www.ferc.gov. Online Support at [email protected] or call Persons unable to file electronically [email protected] or toll- toll-free at (866) 208–3676; for TTY should submit an original and 14 copies free at 1–866–208–3676, or for TTY, contact (202) 502–8659. of the protest or intervention to the (202) 502–8659. You may also register Any comments on the EA should be Federal Energy Regulatory Commission, online at http://www.fer.gov/docs-filing/ filed within 45 days of the date of this 888 First Street, NE., Washington, DC esubscription.asp to be notified via e- notice and should be addressed to 20426. mail of new filings and issuances Magalie R. Salas, Secretary, Federal This filing is accessible on-line at related to this or any other pending Energy Regulatory Commission, 888 http://www.ferc.gov, using the projects. For assistance, contact FERC First Street, NE., Washington, DC 20426. ‘‘eLibrary’’ link and is available for Online Support. Please reference ‘‘Santa Felicia review in the Commission’s Public Hydroelectric Project, FERC Project No. Reference Room in Washington, DC. Magalie R. Salas, 2153–012’’ on all comments. Comments There is an ‘‘eSubscription’’ link on the Secretary. may be filed electronically via the Web site that enables subscribers to [FR Doc. E5–6940 Filed 12–6–05; 8:45 am] Internet in lieu of paper. The receive e-mail notification when a BILLING CODE 6717–01–P Commission strongly encourages
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electronic filings. See 18 CFR which was issued November 22, 2005, with it the right of eminent domain. 385.2001(a)(1)(iii) and the instructions and is available for review and Therefore, if easement negotiations fail on the Commission’s Web site under the reproduction at the Commission’s to produce an agreement, the pipeline ‘‘e-Filing’’ link. Public Reference Room, located at 888 company could initiate condemnation Please contact Kenneth Hogan by First Street, NE., Room 2A, Washington, proceedings in accordance with state telephone at (202)502–8434 or by e-mail DC 20426. The EA may also be viewed law. at [email protected] if you have on the Commission’s Web site at A fact sheet prepared by the FERC any questions. http://www.ferc.gov using the ‘‘elibrary’’ entitled ‘‘An Interstate Natural Gas link. Enter the project number (prefaced Facility On My Land? What Do I Need Magalie R. Salas, by P-) and excluding the last three To Know?’’ was attached to the project Secretary. digits, in the docket number field to notice Tennessee Gas provided to [FR Doc. E5–6931 Filed 12–6–05; 8:45 am] access the document. For assistance, landowners. This fact sheet addresses a BILLING CODE 6717–01–P contact FERC Online Support at number of typically asked questions, [email protected] or toll- including the use of eminent domain free at (866) 208–3676, or for TTY, and how to participate in the DEPARTMENT OF ENERGY contact (202) 502–8659. Commission’s proceedings. It is available for viewing on the FERC Federal Energy Regulatory Magalie R. Salas, Internet Web site (http://www.ferc.gov). Commission Secretary. Summary of the Proposed Project [Project No. 2246–047] [FR Doc. E5–6932 Filed 12–6–05; 8:45 am] BILLING CODE 6717–01–P Tennessee Gas wants to increase its Yuba County Water Agency; Notice of ability to receive and transport gas into Availability of Environmental the Northeast natural gas pipeline Assessment DEPARTMENT OF ENERGY network by constructing its facilities in Essex and Middlesex Counties, Federal Energy Regulatory November 28, 2005. Massachusetts to provide up to 82,300 Commission In accordance with the National decatherms per day of incremental firm Environmental Policy Act of 1969 and [Docket No. CP06–018–000] transportation capacity. Tennessee Gas the Federal Energy Regulatory would connect its Beverly-Salem Line Commission’s (Commission) Tennessee Gas Pipeline Company; 270C–100 near Saugus, Massachusetts regulations, 18 CFR part 380 (Order No. Notice of Intent To Prepare an to its DOMAC Line 270C–1100 near 486, 52 FR 47897), the Office of Energy Environmental Assessment for the Lynnfield, Massachusetts. The proposed Projects has reviewed an application for Proposed Essex-Middlesex Project; alignment follows New England Power an amendment of license for the Yuba Request for Comments on Company’s (NEPCO) powerline right-of- River Development Project (FERC No. Environmental Issues, and Notice of way. Tennessee Gas seeks authority to 2246) and has prepared an Site Visit and Public Scoping Meeting construct and operate: Environmental Assessment (EA) for the • November 28, 2005. 7.8 miles of 24-inch-diameter proposed amendment. The project is pipeline in Essex and Middlesex located on the North Yuba River The staff of the Federal Energy Regulatory Commission (FERC or Counties, Massachusetts; downstream of Englebright Dam in Yuba • One tie-in facility at the northern County, California, about 20 miles Commission) will prepare an environmental assessment (EA) that will terminus, milepost 7.83; northeast of Marysville and about 24 • One new pig receiver at the north discuss the environmental impacts of miles upstream from the confluence of end, milepost 7.62; and the Yuba and Feather Rivers. the Essex-Middlesex Project involving • One tie-in facility at the southern construction and operation of facilities The licensee requests approval to terminus, milepost 0.0. construct and operate a 3,000 cubic feet by Tennessee Gas Pipeline Company The general location of the project (Tennessee Gas) in Essex and Middlesex 2 per second (cfs) synchronous flow 1 facilities is shown in Appendix 1. bypass system and to revise flow Counties, Massachusetts. These Land Requirements for Construction reduction and fluctuation criteria under facilities would consist of about 7.8 article 33(d) of the license for the miles of 24-inch-diameter pipeline and Construction of the proposed facilities Narrows II development. Currently, the aboveground pig receiver and tie-in would require about 81 acres of land. licensee is only capable of bypassing facilities. This EA will be used by the Following construction, about 47 acres 650 cfs through the plant, which has a Commission in its decision-making would be maintained as new permanent process to determine whether the capacity of 3,400 cfs under full pipeline right-of-way. The remaining 34 project is in the public convenience and generation load. The proposed bypass acres of land would be restored and necessity. allowed to revert to its former use. system will allow the licensee, If you are a landowner receiving this especially during emergency shutdown Tennessee Gas would use a total notice, you may be contacted by a construction right-of-way width of 75 to periods, to be able to minimize flow pipeline company representative about fluctuations downstream. The EA 100 feet during construction. Following the acquisition of an easement to construction, Tennessee Gas would contains Commission staff’s analysis of construct, operate, and maintain the the probable environmental impacts of proposed facilities. The pipeline 2 The appendices referenced in this notice are not the proposal and concludes that company would seek to negotiate a approving the licensee’s application being printed in the Federal Register. Copies of all mutually acceptable agreement. appendices, other than Appendix 1 (maps), are would not constitute a major federal However, if the project is approved by available on the Commission’s Web site at the action significantly affecting the quality the Commission, that approval conveys ‘‘eLibrary’’ link or from the Commission(s Public of the human environment. Reference Room, 888 First Street, NE., Washington, DC 20426, or call (202)502–8371. For instructions The EA is attached to a Commission 1 Tennessee Gas’ application was filed with the on connecting to eLibrary refer to the last page of order titled ‘‘Order Modifying and Commission under section 7 of the Natural Gas Act this notice. Copies of the appendices were sent to Approving Amendment of License,’’ and Part 157 of the Commission’s regulations. all those receiving this notice in the mail.
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maintain the pipeline in a 50-foot-wide the Commission’s official service list for • Reference Docket No. CP06–018– permanent right-of-way easement with this proceeding. A comment period will 000. periodic mowing. Tennessee Gas’ be allotted for review if the EA is • Mail your comments so that they construction right-of-way would overlap published. We will consider all will be received in Washington, DC on NEPCO’s maintained right-of-way by as comments on the EA before we make or before December 21, 2005. much as 50 feet. Tennessee Gas our recommendations to the Please note that we are continuing to proposes to use unidentified additional Commission. experience delays in mail deliveries land for pipe yards and staging areas. To ensure your comments are from the U.S. Postal Service. As a result, considered, please carefully follow the we will include all comments that we The EA Process instructions in the public participation receive within a reasonable time frame The National Environmental Policy section below. in our environmental analysis of this Act (NEPA) requires the Commission to project. However, the Commission take into account the environmental Currently Identified Environmental strongly encourages electronic filing of impacts that could result from an action Issues any comments or interventions or whenever it considers the issuance of a We have already identified several protests to this proceeding. See 18 CFR Certificate of Public Convenience and issues that we think deserve attention 385.2001(a)(1)(iii) and the instructions Necessity. NEPA also requires us to based on a preliminary review of the on the Commission’s Web site at http:// discover and address concerns the proposed facilities and the www.ferc.gov under the ‘‘e-Filing’’ link public may have about proposals. This environmental information provided by and the link to the User’s Guide. Before process is referred to as ‘‘scoping.’’ The Tennessee Gas. This preliminary list of you can file comments you will need to main goal of the scoping process is to issues may be changed based on your create a free account which can be focus the analysis in the EA on the comments and our analysis. created on-line. important environmental issues. By this • Impacts to sixteen residences If you do not want to send comments Notice of Intent, the Commission staff within 50 feet of the construction work at this time but still want to remain on requests public comments on the scope area; our mailing list, please return the • of the issues to address in the EA. All Clearing of approximately 27 acres Information Request (Appendix 3). If comments received are considered of forest and construction in you do not return the Information during the preparation of the EA. State approximately 26 acres of wetlands and Request, you will be taken off the and local government representatives stream crossings; mailing list. • are encouraged to notify their Impacts to Reedy Meadow National Natural Landmark, also a Massachusetts Notice of Site Visit and Public Comment constituents of this proposed action and Meeting encourage them to comment on their designated potentially sensitive habitat areas of concern. area; Golden Hills—a Massachusetts The OEP staff will conduct a site visit In the EA we 3 will discuss impacts designated Area of Critical on December 14, 2005 to inspect that could occur as a result of the Environmental Concern; and the Tennessee Gas’ proposed pipeline route construction and operation of the Breakheart Reservation—a and project for the Essex-Middlesex proposed project under these general Massachusetts designated recreational Project. The areas will be inspected by headings: and potentially sensitive habitat area; automobile. Representatives of • Residential and planned development and Tennessee Gas will accompany the OEP • • Construction air quality and noise Potential visual and aesthetic staff. Anyone interested in participating • Land use impacts impact to the Breakheart Reservation in the December 14 site visit should • Public safety Parkway and Lynn Fells Parkway meet at the parking lot of the Hill Top • Water resources (groundwater, National Register of Historic Places Steakhouse at 9 am in Saugus, drinking water, and streams), Districts Massachusetts, located at 855 Broadway Street off of Route U.S. 1 South. fisheries, and wetlands Public Participation • Vegetation Participants must provide their own • Geology and soils You can make a difference by transportation. • Wildlife, including endangered and providing us with your specific In addition to or in lieu of sending threatened species comments or concerns about the project. written comments, we invite you to • Hazardous waste By becoming a commentor, your attend the public scoping meeting the • Cultural resources concerns will be addressed in the EA FERC will conduct in the project area. We will also evaluate possible and considered by the Commission. You The public scoping meeting will be held alternatives to the proposed project or should focus on the potential jointly with a public hearing conducted portions of the project, and make environmental effects of the proposal, by the Massachusetts Energy Facilities recommendations on how to lessen or alternatives to the proposal, including Siting Board. The location and time for avoid impacts on the various resource alternative routes, and measures to the meeting is listed below: areas. avoid or lessen environmental impact. Date and Time: December 14, 2005, 7 Our independent analysis of the The more specific your comments, the p.m. issues will be in the EA. Depending on more useful they will be. Please Location: Wakefield High School— the comments received during the carefully follow these instructions to Cafeteria, 60 Farm St, Wakefield, scoping process, the EA may be ensure that your comments are received Massachusetts 01880, (781) 246–6440. The public scoping meetings are published and mailed to federal, state, in time and properly recorded: • designed to provide you with more and local agencies, public interest Send an original and two copies of detailed information and another groups, interested individuals, affected your letter to: Magalie R. Salas, opportunity to offer your comments on landowners, newspapers, libraries, and Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room the proposed project. Tennessee Gas
3 1A, Washington, DC 20426. representatives will be present at the ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the • environmental staff of the Office of Energy Projects Label one copy of the comments for scoping meetings to describe their (OEP). the attention of Gas Branch 2. proposal. Interested groups and
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individuals are encouraged to attend the Additional Information Parish, Louisiana.1 These facilities meetings and to present comments on Additional information about the would consist of (a) abandonment by the environmental issues they believe project is available from the removal of two 6,250-horsepower (hp) should be addressed in the EA. A Commission’s Office of External Affairs, turbine/compressor units, and (b) transcript of each meeting will be made at 1–866–208–FERC or on the FERC installation of one 10,310-hp turbine/ so that your comments will be Internet Web site (http://www.ferc.gov) compressor unit. This EA will be used accurately recorded. using the eLibrary link. Click on the by the Commission in its For additional information, contact eLibrary link, click on ‘‘General Search’’ decisionmaking process to determine the Commission’s Office of External whether the project is in the public Affairs at 1–866–208–FERC. and enter the docket number excluding the last three digits in the Docket convenience and necessity. Becoming an Intervenor Number field. Be sure you have selected This notice announces the opening of the scoping period that will be used to In addition to involvement in the EA an appropriate date range. For assistance, please contact FERC Online gather environmental input from the scoping process, you may want to public and interested agencies on the become an official party to the Support at [email protected] or toll free at 1–866–208–3676, or for project. Please note that the scoping proceeding, or ‘‘intervenor.’’ To become period will close on December 22, 2005. an intervenor you must file a motion to TTY, contact (202) 502–8659. The eLibrary link also provides access to the This notice is being sent to potentially intervene according to Rule 214 of the affected landowners; Federal, state, and Commission’s Rules of Practice and texts of formal documents issued by the Commission, such as orders, notices, local government agencies; elected Procedure (18 CFR 385.214). Intervenors officials; environmental and public have the right to seek rehearing of the and rulemakings. In addition, the Commission now interest groups; Native American Tribes; Commission’s decision. Motions to other interested parties; and local Intervene should be electronically offers a free service called eSubscription which allows you to keep track of all libraries and newspapers. State and submitted using the Commission’s local government representatives are eFiling system at http://www.ferc.gov. formal issuances and submittals in specific dockets. This can reduce the asked to notify their constituents of this Persons without Internet access should planned project and encourage them to send an original and 14 copies of their amount of time you spend researching proceedings by automatically providing comment on their areas of concern. motion to the Secretary of the A fact sheet prepared by the FERC Commission at the address indicated you with notification of these filings, entitled ‘‘An Interstate Natural Gas previously. Persons filing Motions to document summaries and direct links to Facility on My Land? What Do I Need Intervene on or before the comment the documents. Go to http:// to Know?’’ should have been attached to deadline indicated above must send a www.ferc.gov/esubscribenow.htm. the project notice Transco provided to copy of the motion to the Applicant. All Finally, public meetings or site visits landowners. This fact sheet addresses a filings, including late interventions, will be posted on the Commission’s number of typically asked questions, submitted after the comment deadline calendar located at http://www.ferc.gov/ including the use of eminent domain must be served on the Applicant and all EventCalendar/EventsList.aspx along and how to participate in the other intervenors identified on the with other related information. Commission’s proceedings. It also is Commission’s service list for this Magalie R. Salas, available for viewing on the FERC proceeding. Persons on the service list Secretary. Internet Web site (http://www.ferc.gov). with email addresses may be served electronically; others must be served a [FR Doc. E5–6926 Filed 12–6–05; 8:45 am] Summary of the Proposed Project BILLING CODE 6717–01–P hard copy of the filing. Transco is seeking authorization to Affected landowners and parties with improve the facilities at Compressor environmental concerns may be granted DEPARTMENT OF ENERGY Station 50 in Evangeline Parish, intervenor status upon showing good Louisiana, by performing the following cause by stating that they have a clear Federal Energy Regulatory activities: (a) Abandonment by removal and direct interest in this proceeding Commission of two existing 6,520-hp turbine/ which would not be adequately compressor units, and (b) installation of represented by any other parties. You do [Docket No. CP06–16–000] one new 10,310-hp turbine/compressor not need intervenor status to have your unit. The old units, which Transco environmental comments considered. Transcontinental Gas Pipe Line Corporation; Notice of Intent To describes as obsolete and cumbersome Environmental Mailing List Prepare an Environmental Assessment to operate, would be removed as would An effort is being made to send this for the Proposed Station 50 the associated enclosures, building, notice to all individuals, organizations, Horsepower Replacement Project and equipment, piping, utilities, and and government entities interested in Request for Comments on controls. The new unit would be and/or potentially affected by the Environmental Issues installed in a new building with proposed project. This includes all associated interconnecting piping, landowners who are potential right-of- November 28, 2005. equipment, utilities, and controls. The staff of the Federal Energy The location of the project facilities is way grantors, whose property may be 2 used temporarily for project purposes, Regulatory Commission (FERC or shown in Appendix 1. or who own homes within distances Commission) will prepare an environmental assessment (EA) that will 1 Transco’s application was filed with the defined in the Commission’s regulations Commission under section 7 of the Natural Gas Act of certain aboveground facilities. By this discuss the environmental impacts of and Part 157 of the Commission’s regulations. notice we are also asking governmental the Station 50 Horsepower Replacement 2 The appendix referenced in this notice is not agencies, especially those in Appendix Project involving abandonment, being printed in the Federal Register. A copy of this construction, and operation of facilities notice is available on the Commission’s website at 2, to express their interest in becoming the ‘‘eLibrary’’ link or from the Commission’s cooperating agencies for the preparation by Transcontinental Gas Pipe Line Public Reference Room, 888 First St. NE., of the EA. Corporation (Transco) in Evangeline Washington, DC 20426, or call (202) 502–8371. For
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Land Requirements for Construction published and mailed to Federal, state, and the instructions on the Transco states that all proposed and local agencies, public interest Commission’s Web site at http:// activities associated with this project groups, interested individuals, affected www.ferc.gov under the ‘‘e-Filing’’ link would occur within the boundaries of landowners, newspapers, libraries, and and the link to the User’s Guide. Before the existing Compressor Station 50 the Commission’s official service list for you can submit comments, you will property. The facilities at this station are this proceeding. A comment period will need to create a free account which can located within a fenced area of be allotted for review if the EA is be created on-line by clicking ‘‘Sign-up’’ approximately 28 acres. No new land published. We will consider all under ‘‘New User.’’ You will be asked to select the type of submission you are would be required for this project. The comments on the EA before we make making. This type of submission is proposed new compressor building our recommendations to the Commission. considered a ‘‘Comment on Filing.’’ would be approximately 51 feet by 67 We may mail the EA for comment. If feet, and approximately 3.4 acres of the To ensure your comments are considered, please carefully follow the you are interested in receiving it, please existing property would be affected by return the Information Request the installation activity. All land instructions in the public participation section. (Appendix 2). If you do not return the disturbed by construction that is not Information Request, you will be taken covered by the new compressor building Currently Identified Environmental off the mailing list. will be returned to its current condition Issues Becoming an Intervenor (grass). We have already identified some Construction of the proposed facilities issues that we think deserve attention In addition to involvement in the EA would require about 4.4 acres of land. based on a preliminary review of the scoping process, you may want to No new pipeline rights-of-way, extra proposed facilities and the become an official party to the work/staging areas, access roads, or environmental information provided by proceeding, or ‘‘intervenor.’’ To become pipe/contractor yards would be required Transco. This preliminary list of issues an intervenor you must file a motion to for the proposed project. may be changed based on your intervene according to Rule 214 of the The EA Process comments and our analysis. Commission’s Rules of Practice and • The revision of the Unanticipated Procedure (18 CFR 385.214). Intervenors The National Environmental Policy Discovery Plan. have the right to seek rehearing of the Act (NEPA) requires the Commission to • Impacts on Air Quality and Noise. Commission’s decision. Motions to take into account the environmental Intervene should be electronically impacts that could result from an action Public Participation submitted using the Commission’s whenever it considers the issuance of a You can make a difference by eFiling system at http://www.ferc.gov. Certificate of Public Convenience and providing us with your specific Persons without Internet access should Necessity. NEPA also requires us to comments or concerns about the project. send an original and 14 copies of their discover and address concerns the By becoming a commentor, your motion to the Secretary of the public may have about proposals. This concerns will be addressed in the EA Commission at the address indicated process is referred to as ‘‘scoping.’’ The and considered by the Commission. You previously. Persons filing Motions to main goal of the scoping process is to should focus on the potential Intervene on or before the comment focus the analysis in the EA on the environmental effects of the proposal, deadline indicated above must send a important environmental issues. By this alternatives to the proposal (including copy of the motion to the Applicant. All Notice of Intent, the Commission staff alternative locations), and measures to filings, including late interventions, requests public comments on the scope avoid or lessen environmental impact. submitted after the comment deadline of the issues to address in the EA. All The more specific your comments, the must be served on the Applicant and all comments received are considered more useful they will be. Please other intervenors identified on the during the preparation of the EA. State carefully follow these instructions to Commission’s service list for this and local government representatives ensure that your comments are received proceeding. Persons on the service list are encouraged to notify their in time and properly recorded: with e-mail addresses may be served constituents of this proposed action and • Send an original and two copies of electronically; others must be served a encourage them to comment on their your letter to: Magalie R. Salas, hard copy of the filing. areas of concern. Secretary, Federal Energy Regulatory Affected landowners and parties with In the EA, we 3 will discuss impacts Commission, 888 First St. NE., Room environmental concerns may be granted that could occur as a result of the 1A, Washington, DC 20426. intervenor status upon showing good construction and operation of the • Label one copy of the comments for cause by stating that they have a clear proposed project. We will also evaluate the attention of Gas Branch 1. and direct interest in this proceeding possible alternatives to the proposed • Reference Docket No. CP06–16– which would not be adequately project or portions of the project, and 000. represented by any other parties. You do make recommendations on how to • Mail your comments so that they not need intervenor status to have your lessen or avoid impacts on the various will be received in Washington, DC on environmental comments considered. resource areas. or before December 22, 2005. Our independent analysis of the We will include all comments that we Additional Information issues will be in the EA. Depending on receive within a reasonable time frame Additional information about the the comments received during the in our environmental analysis of this project is available from the scoping process, the EA may be project. To expedite our receipt and Commission’s Office of External Affairs, consideration of your comments, the at 1–866–208–FERC or on the FERC instructions on connecting to eLibrary refer to the Commission strongly encourages Internet Web site (http://www.ferc.gov) end of this notice. Copies of the appendix were sent electronic submission of any comments using the eLibrary link. Click on the to all those receiving this notice in the mail. 3 ’’We,’’ ‘‘us,’’ and ‘‘our’’ refer to the or interventions or protests to this eLibrary link, click on ‘‘General Search’’ environmental staff of the Office of Energy Projects proceeding. See Title 18 Code of Federal and enter the docket number excluding (OEP). Regulations (CFR) 385.2001(a)(1)(iii) the last three digits in the Docket
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Number field. Be sure you have selected j. Status of Environmental Analysis: specified deadline date for the an appropriate date range. For This application is ready for particular application, a competing assistance, please contact FERC Online environmental analysis at this time, and development application, or a notice of Support at [email protected] the Commission is requesting intent to file such an application. or toll free at 1–866–208–3676, or for comments, reply comments, Submission of a timely notice of intent TTY, contact (202) 502–8659. The recommendations, terms and allows an interested person to file the eLibrary link also provides access to the conditions, and prescriptions. competing development application no texts of formal documents issued by the k. Deadline for filing responsive later than 120 days after the specified Commission, such as orders, notices, documents: The Commission directs, deadline date for the particular and rulemakings. pursuant to section 4.34(b) of the application. Applications for In addition, the Commission now Regulations (see Order No. 533 issued preliminary permits will not be offers a free service called eSubscription May 8, 1991, 56 FR 23108, May 20, accepted in response to this notice. which allows you to keep track of all 1991) that all comments, motions to o. Notice of Intent: A notice of intent formal issuances and submittals in intervene, protests, recommendations, must specify the exact name, business specific dockets. This can reduce the terms and conditions, and prescriptions address, and telephone number of the amount of time you spend researching concerning the application be filed with prospective applicant, and must include proceedings by automatically providing the Commission by January 27, 2006. an unequivocal statement of intent to you with notification of these filings, All reply comments must be filed with submit a competing development document summaries and direct links to the Commission by February 13, 2006. application. A notice of intent must be the documents. To register for this Comments, protests, and served on the applicant(s) named in this service, go to the eSubscription link on interventions may be filed electronically public notice. the FERC Internet Web site. via the Internet in lieu of paper; see 18 p. Protests or Motions to Intervene: CFR 385.2001(a)(1)(iii) and the Anyone may submit a protest or a Magalie R. Salas, instructions on the Commission’s Web motion to intervene in accordance with Secretary. site under the ‘‘e-Filing’’ link. The the requirements of Rules of Practice [FR Doc. E5–6934 Filed 12–6–05; 8:45 am] Commission strongly encourages and Procedure, 18 CFR 385.210, BILLING CODE 6717–01–P electronic filings. 385.211, and 385.214. In determining The Commission’s Rules of Practice the appropriate action to take, the and Procedure require all interveners Commission will consider all protests DEPARTMENT OF ENERGY filing documents with the Commission filed, but only those who file a motion to serve a copy of that document on to intervene in accordance with the Federal Energy Regulatory each person in the official service list Commission’s Rules may become a Commission for the project. Further, if an intervener party to the proceeding. Any protests or files comments or documents with the motions to intervene must be received Notice of Application Accepted for Commission relating to the merits of an on or before the specified deadline date Filing and Soliciting Comments, issue that may affect the responsibilities for the particular application. Motions To Intervene, Protests, of a particular resource agency, they q. All filings must (1) Bear in all Recommendations, and Terms and must also serve a copy of the document capital letters the title ‘‘PROTEST’’, Conditions on that resource agency. ‘‘MOTION TO INTERVENE’’, ‘‘NOTICE l. Description of Project: The proposed November 28, 2005. OF INTENT TO FILE COMPETING small conduit hydroelectric project APPLICATION’’, ‘‘COMPETING Take notice that the following would consist of: (1) a 85-foot-long, 20- APPLICATION’’, ‘‘COMMENTS’’, hydroelectric application has been filed inch-diameter steel pipeline connecting ‘‘REPLY COMMENTS,’’ with the Commission and is available to the existing pipeline, (2) a 900- ‘‘RECOMMENDATIONS,’’ ‘‘TERMS for public inspection: kilowatt horizontal shaft Pelton turbine- AND CONDITIONS,’’ or a. Type of Application: Conduit generator, and (3) a 55-foot-long, 20- ‘‘PRESCRIPTIONS;’’ (2) set forth in the Exemption. inch-diameter steel pipeline returning heading the name of the applicant and b. Project No.: 12624–000. water to the existing pipeline. The the project number of the application to c. Date filed: October 27, 2005. average annual energy production which the filing responds; (3) furnish d. Applicant: Colorado Springs would be 5,114 megawatt hours. the name, address, and telephone Utilities. m. This filing is available for review number of the person protesting or e. Name of Project: Cascade and reproduction at the Commission in intervening; and (4) otherwise comply Hydroelectric Generating Facility. the Public Reference Room, Room 2A, with the requirements of 18 CFR f. Location: The Cascade 888 First Street, NE., Washington, DC 385.2001 through 385.2005. All Hydroelectric Generating Facility would 20426. The filing may also be viewed on comments, recommendations, terms and be located adjacent to the Cascade the Web at http://www.ferc.gov using conditions or prescriptions must set pressure reduction facility on the Old the ‘‘eLibrary’’ link. Enter the docket forth their evidentiary basis and North Slope Pipeline, which is part of number, here P–12624, in the docket otherwise comply with the requirements the City of Colorado Springs’ water number field to access the document. of 18 CFR 4.34(b). Agencies may obtain supply system in El Paso County, For assistance, call toll-free 1–866–208– copies of the application directly from Colorado. 3676 or e-mail the applicant. Any of these documents g. Filed Pursuant to: Federal Power [email protected]. For TTY, must be filed by providing the original Act 16 U.S.C. 791a through 825r. call (202) 502–8659. A copy is also and eight copies to: The Secretary, h. Applicant Contact: Mr. Wayne E. available for review and reproduction at Federal Energy Regulatory Commission, Booker, Colorado Springs Utilities, 1521 the address in item h. above. 888 First Street, NE., Washington, DC Hancock Expressway, Colorado Springs, n. Development Application: Any 20426. An additional copy must be sent CO 80903, (719) 668–3505. qualified applicant desiring to file a to Director, Division of Hydropower i. FERC Contact: James Hunter, (202) competing application must submit to Administration and Compliance, Office 502–6086. the Commission, on or before the of Energy Projects, Federal Energy
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Regulatory Commission, at the above filing documents with the Commission j. Individuals desiring to be included address. A copy of any protest or motion to serve a copy of that document on on the Commission’s mailing list should to intervene must be served upon each each person in the official service list so indicate by writing to the Secretary representative of the applicant specified for the project. Further, if an intervener of the Commission. in the particular application. A copy of files comments or documents with the k. Competing Preliminary Permit— all other filings in reference to this Commission relating to the merits of an Anyone desiring to file a competing application must be accompanied by issue that may affect the responsibilities application for preliminary permit for a proof of service on all persons listed in of a particular resource agency, they proposed project must submit the the service list prepared by the must also serve a copy of the document competing application itself, or a notice Commission in this proceeding, in on that resource agency. of intent to file such an application, to accordance with 18 CFR 4.34(b) and h. Description of Projects: The the Commission on or before the 385.2010. proposed Lower Dam would consist of: specified comment date for the (1) A proposed earth dike approximately particular application (see 18 CFR 4.36). Magalie R. Salas, 590 feet long; (2) a proposed intake Submission of a timely notice of intent Secretary. structure constructed on the left side of allows an interested person to file the [FR Doc. E5–6930 Filed 12–6–05; 8:45 am] the south channel spillway; (3) a competing preliminary permit BILLING CODE 6717–01–P reservoir with a normal pool elevation application no later than 30 days after of 589 feet, a gross storage capacity of the specified comment date for the approximately 850 acre-feet and a particular application. A competing DEPARTMENT OF ENERGY surface area of approximately 140 acres; preliminary permit application must (4) a proposed powerhouse containing conform with 18 CFR 4.30(b) and 4.36. Federal Energy Regulatory two or more generating units with an l. Competing Development Commission installed capacity of 8 megawatts (MW); Application—Any qualified (5) a tailrace channel downstream of the development applicant desiring to file a Notice of Applications Accepted for powerhouse; (6) a new 115-kV overhead competing development application Filing and Soliciting Comments, transmission line; and (7) appurtenant must submit to the Commission, on or Motions To Intervene, and Protests facilities. The Black River Felts Mills, before a specified comment date for the November 29, 2005. LLC’s Lower Dam Project, would have particular application, either a Take notice that the following an estimated average annual generation competing development application or a hydroelectric applications have been of 40,000 MWh (megawatt-hours) and notice of intent to file such an filed with the Commission and are would be sold to a local utility. application. Submission of a timely available for public inspection: The proposed Upper Dam would notice of intent to file a development a. Type of Applications: Preliminary consist of: (1) A proposed concrete application allows an interested person Permit. gravity dam approximately 320 feet long to file the competing application no b. Applicant, Project Numbers, and with gated control facilities; (2) a later than 120 days after the specified Dates Filed: Black River Felts Mills, LLC proposed intake structure; (3) a reservoir comment date for the particular filed the applications for Project No. with a normal maximum pool elevation application. A competing license 12622–000 and Project No. 12623–000 of approximately 609 feet, a gross application must conform with 18 CFR on October 26, 2005. storage capacity of 1,100 acre-feet, and 4.30(b) and 4.36. c. Name of the projects: Lower Dam a surface area of 220 acres; (4) a m. Notice of Intent—A notice of intent Project (P–12622); Upper Dam Project proposed powerhouse containing two or must specify the exact name, business (P–12623). The projects would be more generating units with a total address, and telephone number of the located on the Black River in Jefferson installed capacity of 5 MW; (5) a prospective applicant, and must include County, New York. The proposed dams proposed tailrace channel; (6) a new an unequivocal statement of intent to are to be located at the site of an existing overhead 115-kV transmission line; and submit, if such an application may be breached dam currently owned by Eric (7) appurtenant facilities. The Upper filed, either a preliminary permit Boulevard HydroPower, L.P. Dam Project would have an estimated application or a development d. Filed Pursuant to: Federal Power average annual generation of 24,500 application (specify which type of Act, 16 U.S.C. 791a–825r. MWh and would be sold to a local application). A notice of intent must be e. Applicant Contacts: Black River utility. served on the applicant(s) named in this Felts Mills, LLC: Mr. William A. i. Locations of Applications: A copy of public notice. Garnett, Member Manager; Steven the application is available for n. Proposed Scope of Studies under Courtney, Member Manager; Terence inspection and reproduction at the Permit—A preliminary permit, if issued, Darby, Member Manager; Black River Commission in the Public Reference does not authorize construction. The Energy, LLC; 6000 Fairview Road, Suite Room, located at 888 First Street NE., term of the proposed preliminary permit 600; Charlotte, North Carolina 28270, Room 2A, Washington DC 20426, or by would be 36 months. The work (704) 553–3036; James C. Liles, calling (202) 502–8371. This filing may proposed under the preliminary permit Regulatory Advisor, Milbank, Tweed, also be viewed on the Commission’s would include economic analysis, Hadley & McCloy, LLC; 1850 K Street, Web site at http://www.ferc.gov using preparation of preliminary engineering NW., 11th Floor, Washington, DC the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental 20006, (202) 835–7545. number excluding the last three digits in impacts. Based on the results of these f. FERC Contact: Etta Foster, (202) the docket number field to access the studies, the Applicant would decide 502–8769. document. For assistance, call toll-free whether to proceed with the preparation g. Deadline for filing comments, 1–866–208–3676 or e-mail of a development application to protests, and motions to intervene: 60 [email protected]. For TTY, construct and operate the project. days from the issuance date of this call (202) 502–8659. A copy is also o. Comments, Protests, or Motions To notice. available for inspection and Intervene—Anyone may submit The Commission’s Rules of Practice reproduction at the address in item e comments, a protest, or a motion to and Procedure require all interveners above. intervene in accordance with the
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requirements of Rules of Practice and with the Commission and is available available for inspection and Procedure, 18 CFR 385.210, .211, .214. for public inspection: reproduction at the address in item (h) In determining the appropriate action to a. Application Type: Non-project use above. of project lands and waters. take, the Commission will consider all m. Individuals desiring to be included protests or other comments filed, but b. Project No.: 271–084. on the Commission’s mailing list should only those who file a motion to c. Date Filed: November 7, 2005. so indicate by writing to the Secretary intervene in accordance with the d. Applicant: Entergy Arkansas, Inc. Commission’s Rules may become a (Entergy). of the Commission. party to the proceeding. Any comments, e. Name of Project: Carpenter-Remmel n. Comments, Protests, or Motions to protests, or motions to intervene must Project. Intervene: Anyone may submit be received on or before the specified f. Location: The project is located on comments, a protest, or a motion to comment date for the particular the Quachita River in Hot Springs and intervene in accordance with the application. Garland Counties, Arkansas. The project requirements of Rules of Practice and Comments, protests and interventions does not occupy any Federal or tribal Procedure, 18 CFR 385.210, .211, .214. lands. The proposed non-project use may be filed electronically via the In determining the appropriate action to would be located on Hamilton Lake near Internet in lieu of paper; See 18 CFR take, the Commission will consider all the town of Hot Springs in Garland 385.2001 (a)(1)(iii) and the instructions protests or other comments filed, but County, Arkansas. on the Commission’s web site under ‘‘e- only those who file a motion to filing’’ link. The Commission strongly g. Filed Pursuant to: Federal Power intervene in accordance with the encourages electronic filing. Act 16 U.S.C. 791(a) through 825(r). p. Filing and Service of Responsive h. Applicant Contact: Blake Hogue, Commission’s Rules may become a Documents—Any filings must bear in Lakes and Property Coordinator, Hydro party to the proceeding. Any comments, all capital letters the title Operations, Entergy Arkansas, Inc., 141 protests, or motions to intervene must ‘‘COMMENTS’’, West County Line Road, Malvern, AR be received on or before the specified ‘‘RECOMMENDATIONS FOR TERMS 72104. Phone: (501) 844–2148. comment date for the particular AND CONDITIONS’’, ‘‘PROTEST’’, OR i. FERC Contact: Gina Krump, application. ‘‘MOTION TO INTERVENE’’, as [email protected], 202–502–6704. o. Filing and Service of Responsive j. Deadline for filing comments and or applicable, and the Project Number of Documents: Any filings must bear in all the particular application to which the motions: December 30, 2005. All documents (original and eight capital letters the title ‘‘COMMENTS’’, filing refers. Any of the above-named ‘‘RECOMMENDATIONS FOR TERMS documents must be filed by providing copies) should be filed with Ms. Magalie R. Salas, Secretary, Federal Energy AND CONDITIONS’’, ‘‘PROTEST’’, OR the original and the number of copies ‘‘MOTION TO INTERVENE’’, as provided by the Commission’s Regulatory Commission, 888 First applicable, and the Project Number of regulations to: The Secretary, Federal Street, NE., Washington, DC 20426. the particular application to which the Energy Regulatory Commission, 888 Comments, protests, and interventions First Street, NE., Washington, DC 20426. may be filed electronically via the filing refers. Any of the above-named A copy of any motion to intervene must Internet in lieu of paper. See, 18 CFR documents must be filed by providing also be served upon each representative 385.2001(a)(1)(iii) and the instructions the original and the number of copies of the Applicant specified in the on the Commission’s website under the provided by the Commission’s particular application. ‘‘e-Filing’’ link. Please reference regulations to: The Secretary, Federal q. Agency Comments—Federal, state, ‘‘Carpenter-Remmel Project, FERC Energy Regulatory Commission, 888 and local agencies are invited to file Project No.271–084’’ on any comments First Street NE., Mail Stop PJ–12.1, comments on the described application. or motions filed. Washington, DC 20426. A copy of any A copy of the application may be k. Description of the Application: motion to intervene must also be served obtained by agencies directly from the Entergy requests Commission approval upon each representative of the Applicant. If an agency does not file to permit Hunnicutt Development, Inc. Applicant specified in the particular comments within the time specified for (HDI) to construct two docks with 11 application. filing comments, it will be presumed to boat slips and a 500-foot-long boardwalk to be used by patrons of a new p. Agency Comments: Federal, state, have no comments. One copy of an and local agencies are invited to file agency’s comments must also be sent to condominium development known as comments on the described application. the Applicant’s representatives. Woodland Estates. HDI also proposes to place riprap along the entire length of A copy of the application may be Magalie R. Salas, the boardwalk to stabilize the shoreline. obtained by agencies directly from the Secretary. No dredging or other shoreline Applicant. If an agency does not file [FR Doc. E5–6938 Filed 12–6–05; 8:45 am] development activities are proposed. comments within the time specified for BILLING CODE 6717–01–P l. Locations of the Application: This filing comments, it will be presumed to filing is available for review at the have no comments. One copy of an Commission in the Public Reference agency’s comments must also be sent to DEPARTMENT OF ENERGY Room or may be viewed on the the Applicant’s representatives. Commission’s Web site at http:// Federal Energy Regulatory www.ferc.gov using the ‘‘eLibrary’’ link. Magalie R. Salas, Commission Enter the docket number excluding the Secretary. Notice of Application To Amend last three digits in the docket number [FR Doc. E5–6939 Filed 12–6–05; 8:45 am] License and Soliciting Comments, field to access the document. For BILLING CODE 6717–01–P Motions To Intervene, and Protests assistance, please contact FERC Online Support at November 29, 2005. [email protected] or toll- Take notice that the following free at (866) 208–3676, or for TTY, hydroelectric application has been filed contact (202) 502–8659. A copy is also
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DEPARTMENT OF ENERGY may be filed electronically via the Submission of a timely notice of intent Internet in lieu of paper. The allows an interested person to file the Federal Energy Regulatory Commission strongly encourages competing development application no Commission electronic filings. See 18 CFR later than 120 days after the specified 385.2001(a)(1)(iii) and the instructions deadline date for the particular Notice of Application and Applicant- on the Commission’s Web site (http:// application. Applications for Prepared EA Accepted for Filing, www.ferc.gov) under the ‘‘e-Filing’’ link. preliminary permits will not be Soliciting Motions To Intervene and k. This application has been accepted accepted in response to this notice. Protests, and Soliciting Comments, for filing. A notice of intent must specify the and Final Terms and Conditions, l. The proposed Whitman Lake exact name, business address, and Recommendations, and Prescriptions Hydroelectric Project will have an telephone number of the prospective installed generating capacity of 4.6 applicant, and must include an November 30, 2005. Megawatts with a maximum hydraulic unequivocal statement of intent to Take notice that the following capacity of 180 cubic feet per second submit, if such an application may be hydroelectric application and applicant- (cfs). The proposed project would filed, either a preliminary permit prepared environmental assessment has consist of the following features: (1) The application or a development been filed with the Commission and is existing 39-foot-high, 220-foot-long application (specify which type of available for public inspection. concrete gravity arch dam; (2) 40-foot- application). A notice of intent must be a. Type of Application: New Major wide Ogee spillway within the dam; (3) served on the applicant(s) named in this License. a 148 surface acre reservoir (Whitman public notice. b. Project No.: 11841–002. Lake); (4) a 2,450-foot-long, 45-inch- Anyone may submit comments, a c. Date filed: August 12, 2004. diameter penstock; (5) a 2,000-foot-long, protest, or a motion to intervene in d. Applicant: Ketchikan Public 21-inch-diameter pipeline; (6) a accordance with the requirements of Utilities. horizontal Francis turbine and 3,900 kW Rules of Practice and Procedure, 18 CFR e. Name of Project: Whitman Lake generator, with a hydraulic capacity of 385.210, .211, .214. In determining the Hydroelectric Project. 150 cfs; (7) a horizontal or vertical appropriate action to take, the f. Location: The Whitman Lake Francis turbine and 700 kW generator, Commission will consider all protests or Hydroelectric Project would be located with a hydraulic capacity of 30 cfs; and other comments filed, but only those on Whitman Lake in Ketchikan Gateway (8) other appurtenant facilities. who file a motion to intervene in Borough, Ketchikan, Alaska. The Ketchikan Public Utilities (KPU) accordance with the Commission’s proposed project would affect estimates that the average annual Rules may become a party to the approximately 155.8 acres of federal generation will be 16,225 proceeding. Any comments, protests, or lands (155.0-acres managed by the U.S. megawatthours (MWh). KPU proposes motions to intervene must be received Forest Service and 0.8-acres managed by to use the project to supplement, as well on or before the specified comment date the U.S. Bureau of Land Management). as displace, other generation resources for the particular application. g. Filed Pursuant to: Federal Power owned and operated by KPU. With the The Commission directs, pursuant to Act 16 U.S.C. 791(a)–825(r). construction and operation of the section 4.34(b) of the Regulations (see h. Applicant Contact: Mr. Don project, KPU hopes to minimize its use Order No. 533 issued May 8, 1991, 56 Thompson, WESCORP, 3035 Island and dependency on fossil fuel FR 23108, May 20, 1991) that all Crest Way, Suite 200, Mercer Island, generation. comments, recommendations, terms and WA 98040; Telephone: (206) 275–1000. m. A copy of the application is conditions and prescriptions concerning i. FERC Contact: Kenneth Hogan at available for review at the Commission the application and APEA be filed with (202) 502–8434; e-mail: in the Public Reference Room or may be the Commission within 60 days from [email protected]. viewed on the Commission’s Web site at the issuance date of this notice. All j. Deadline for filing motions to http://www.ferc.gov using the reply comments must be filed with the intervene and protests, comments, and ‘‘eLibrary’’ link. Enter the docket Commission within 105 days from the final terms and conditions, number excluding the last three digits in date of this notice. recommendations, and prescriptions: 60 the docket number field to access the Anyone may obtain an extension of days from the issuance of this notice. document. For assistance, contact FERC time for these deadlines from the All documents (original and eight Online Support at Commission only upon a showing of copies) should be filed with: Magalie R. [email protected] or toll- good cause or extraordinary Salas, Secretary, Federal Energy free at 1–866–208–3676, or for TTY, circumstances in accordance with 18 Regulatory Commission, 888 First (202) 502–8659. A copy is also available CFR 385.2008. Street, NE., Washington, DC 20426. for inspection and reproduction at the All filings must: (1) Bear in all capital The Commission’s Rules of Practice address in item h above. letters the title ‘‘PROTEST’’, ‘‘MOTION require all intervenors filing documents Register online at http:// TO INTERVENE’’, ‘‘NOTICE OF with the Commission to serve a copy of www.ferc.gov/docs-filing/ INTENT TO FILE COMPETING that document on each person on the esubscription.asp to be notified via APPLICATION,’’ ‘‘COMPETING official service list for the project. email of new filings and issuances APPLICATION,’’ ‘‘COMMENTS,’’ Further, if an intervenor files comments related to this or other pending projects. ‘‘REPLY COMMENTS,’’ or documents with the Commission For assistance, contact FERC Online ‘‘RECOMMENDATIONS,’’ ‘‘TERMS relating to the merits of an issue that Support. AND CONDITIONS,’’ or may affect the responsibilities of a n. Any qualified applicant desiring to ‘‘PRESCRIPTIONS;’’ (2) set forth in the particular resource agency, they must file a competing application must heading the name of the applicant and also serve a copy of the document on submit to the Commission, on or before the project number of the application to that resource agency. the specified deadline date for the which the filing responds; (3) furnish Motions to intervene, protests, particular application, a competing the name, address, and telephone comments, terms and conditions, development application, or a notice of number of the person protesting or recommendations, and prescriptions intent to file such an application. intervening; and (4) otherwise comply
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with the requirements of 18 CFR DEPARTMENT OF ENERGY For additional information, please 385.2001 through 385.2005. All contact Michelle Reaux of FERC’s Office comments, recommendations, terms and Federal Energy Regulatory of Market Oversight & Investigations at conditions or prescriptions must set Commission (202) 502–6497 or by e-mail at forth their evidentiary basis and [Docket No. RM01–8–000; Docket No. ER02– [email protected]. otherwise comply with the requirements 2001–000] Magalie R. Salas, of 18 CFR 4.34(b). Agencies may obtain Revised Public Utility Filing Secretary. copies of the application directly from [FR Doc. E5–6941 Filed 12–6–05; 8:45 am] the applicant. A copy of any protest or Requirements; Electric Quarterly BILLING CODE 6717–01–P motion to intervene must be served Reports; Notice of Electric Quarterly upon each representative of the Reports Users Group Meeting applicant specified in the particular November 29, 2005. DEPARTMENT OF ENERGY application. A copy of all other filings On April 25, 2002, the Commission in reference to this application must be issued Order No. 2001,1 a final rule Federal Energy Regulatory accompanied by proof of service on all which requires public utilities to file Commission persons listed in the service list Electric Quarterly Reports. Order 2001– Notice of Membership of Performance prepared by the Commission in this C, issued December 18, 2002, instructs Review Board for Senior Executives all public utilities to file these reports proceeding, in accordance with 18 CFR (PRB) 4.34(b) and 385.2010. using Electric Quarterly Report Submission Software. This notice November 28, 2005. Magalie R. Salas, announces a meeting for the EQR Users The Federal Energy Regulatory Secretary. Group to be held Wednesday, December Commission hereby provides notice of [FR Doc. E5–6956 Filed 12–6–05; 8:45 am] 14, 2005, via teleconference. The the membership of its Performance BILLING CODE 6717–01–P meeting will run from 1 p.m. to 5 p.m. Review Board (PRB) for the e.s.t. Commission’s Senior Executive Service During the teleconference, (SES) members. The function of this DEPARTMENT OF ENERGY Commission staff and EQR users will board is to make recommendations discuss the technical compliance relating to the performance of senior Federal Energy Regulatory screening process for EQR filings. The executives in the Commission. This Commission call will include a discussion of the action is undertaken in accordance with overall process as well as a review of Title 5, U.S.C., section 4314(c)(4). The [Docket No. RP05–691–000] specific screens. A detailed agenda will Commission’s PRB will add the be provided on http://www.ferc.gov following member: Susan J. Court. CenterPoint Energy-Mississippi River prior to the meeting. Transmission Corporation; Notice of All interested parties are invited to Magalie R. Salas, Postponement of Technical call in. Documents to be discussed at Secretary. Conference the meeting will be posted on the EQR [FR Doc. E5–6929 Filed 12–6–05; 8:45 am] Users Group and Workshops page on BILLING CODE 6717–01–P November 30, 2005. FERC.gov at http://www.ferc.gov/docs- Take notice that the technical filing/eqr/groups-workshops.asp. The workshop will only be available via conference scheduled for Tuesday, ENVIRONMENTAL PROTECTION teleconference. AGENCY December 6, 2005, has been postponed Those interested in participating are until Tuesday, January 24, 2006, at 10 asked to do so by registering on the [Petition IV–2002–1; FRL–8005–7] a.m. (e.s.t.), in a room to be designated FERC Web site at https://www.ferc.gov/ Clean Air Act Operating Permit at the offices of the Federal Energy whats-new/registration/eqr-1129- Program; Petition for Objection to Regulatory Commission, 888 First form.asp. There is no registration fee. State Operating Permit for Oglethorpe Street, NE., Washington, DC 20426. Interested parties wishing to file Power Company—Wansley Combined comments may do so under the above- Magalie R. Salas, Cycle Energy Facility; Roopville (Heard captioned Docket Numbers. Those County), GA Secretary. filings will be available for review at the [FR Doc. E5–6958 Filed 12–6–05; 8:45 am] Commission or may be viewed on the AGENCY: Environmental Protection BILLING CODE 6717–01–P Commission’s Web site at http:// Agency (EPA). www.ferc.gov, using the ‘‘eLibrary’’ link. ACTION: Notice of amended final order Enter the docket number excluding denying petition to object to a state the last three digits in the docket operating permit in response to remand. number field to access the document. For assistance, contact FERC Online SUMMARY: This Amended Order Support at Responding to Remand corrects certain [email protected] or via errors that were found in the Order phone at (866) 208–3676 (toll-free). For Responding to Remand that was issued TTY, contact (202) 502–8659. on September 15, 2005. The September 15th Order, which is superseded by this 1 Revised Public Utility Filing Requirements, Order, is being amended to correct Order No. 2001, 67 FR 31043, FERC Stats. & Regs. certain clerical errors and to address a ¶ 31,127 (April 25, 2002); reh’g denied, Order No. 2001–A, 100 FERC ¶ 61,074, reconsideration and factual error in note 13 of that order clarification denied, Order No. 2001–B, 100 FERC regarding whether Oglethorpe Power ¶ 61,342 (2002). Company (Oglethorpe) had any
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ownership interest in units at Plant the Petitioner were: (1) That the permit 0001; telephone number: (703) 308– Wansley operated by Georgia Power failed to require a case-by-case 8154; fax number: (703) 308–8041; e- Company. The Administrator issued the maximum achievable control mail address: [email protected]. preceding Order Responding to Remand technology determination for the SUPPLEMENTARY INFORMATION: denying a petition to object to a state emissions of hazardous air pollutants; operating permit issued to Oglethorpe— (2) that the permit failed to include I. General Information Wansley Combined Cycle Energy adequate monitoring of carbon A. Does this Action Apply to Me? Facility (Block 8) located in Roopville, monoxide; (3) that the permit This action is directed to the public Heard County, Georgia, pursuant to title impermissibly limited the enforceability in general, and may be of interest to a V of the Clean Air Act (the Act), 42 of a federal stack height provision; and wide range of stakeholders including U.S.C. 7661–7661f. On February 4, (4) that the permit failed to include environmental, human health, and 2002, Sierra Club had filed a petition short-term best available control agricultural advocates; the chemical seeking EPA’s objection to the title V technology limits. EPA’s responses to industry; pesticide users; and members operating permit for Block 8 issued by the above issues in the November 12, of the public interested in the sale, the Georgia Environmental Protection 2002, Order were upheld by the Court; distribution, or use of pesticides. Since Division (EPD). The Administrator therefore, sections IV.B. through IV.E. of others also may be interested, the denied the petition in an Order dated the November 12, 2002, Order are Agency has not attempted to describe all November 15, 2002. Pursuant to Section incorporated by reference into the the specific entities that may be affected 502(b) of the Act, Sierra Club appealed Amended Order Responding to Remand. by this action. If you have any questions to the U.S. Court of Appeals for the Dated: November 27, 2005. regarding the applicability of this action Eleventh Circuit (the Court), arguing A. Stanley Meiburg, to a particular entity, consult the person that Oglethorpe was not entitled to a Deputy Regional Administrator, Region 4. listed under FOR FURTHER INFORMATION permit for Block 8 (in accordance with [FR Doc. 05–23720 Filed 12–6–05; 8:45 am] CONTACT. Georgia’s Statewide Compliance Rule) because it owns part of another major BILLING CODE 6560–50–P B. How Can I Get Copies of this stationary source that has been cited for Document and Other Related non-compliance with the Act. On May ENVIRONMENTAL PROTECTION Information? 5, 2004, the Court granted Sierra Club’s AGENCY 1. Docket. EPA has established an petition for review, vacated the [EPA–HQ–OPP–2005–0061; FRL–7742–6] official public docket for this action November 12, 2002, Order, and under docket ID number EPA–HQ– remanded to EPA for further Azinphos-methyl Ecological Risk OPP–2005–0061. The official public explanation of the manner in which the Assessment, Grower Impact docket consists of the documents Georgia rule should be applied in cases Assessments; Notice of Availability specifically referenced in this action, of partial ownership. After considering any public comments received, and the issues raised by the Court, the AGENCY: Environmental Protection other information related to this action. Amended Order Responding to Remand Agency (EPA). Although a part of the official docket, (like the Order Responding to Remand) ACTION: Notice. the public docket does not include reached the same conclusion as EPA’s Confidential Business Information (CBI) SUMMARY: This notice announces the original Order, but provided a more or other information whose disclosure is availability of EPA’s environmental fate detailed explanation. restricted by statute. The official public and effects risk assessment, grower ADDRESSES: Copies of the Amended docket is the collection of materials that impact assessments, and related Order Responding to Remand, the is available for public viewing at the documents for the organophosphate petition, and all pertinent information Public Information and Records pesticide azinphos-methyl, and opens a relating thereto are on file at the Integrity Branch (PIRIB), Rm. 119, 60–day public comment period on these following location: EPA Region 4, Air, Crystal Mall #2, 1801 S. Bell St., documents. EPA is in the process of Pesticides and Toxics Management Arlington, VA. This docket facility is reevaluating the remaining uses for Division, 61 Forsyth Street SW, Atlanta, open from 8:30 a.m. to 4 p.m., Monday azinphos-methyl, consistent with the Georgia 30303–8960. The amended final through Friday, excluding legal Interim Reregistration Eligibility order is also available electronically at holidays. The docket telephone number Decision (IRED) issued in 2001 and the the following address: http:// is (703) 305–5805. May 2002 Memorandum of Agreement www.epa.gov/region7/programs/artd/ 2. Electronic access. You may access between EPA and the technical air/title5/petitiondb/petitions/ this Federal Register document registrants for azinphos-methyl. opcwansley_decision2002_ electronically through the EPA Internet amendedremand.pdf. DATES: Comments must be received on under the ‘‘Federal Register’’ listings at or before February 6, 2006. FOR FURTHER INFORMATION CONTACT: Art http://www.epa.gov/fedrgstr/. ADDRESSES: Comments, identified by Hofmeister, Air Permits Section, EPA Agency Website. EDOCKET, EPA’s docket identification (ID) number EPA– Region 4, at (404) 562–9115 or electronic public docket and comment HQ–OPP–2005–0061, may be submitted [email protected]. system was replaced on November 25, electronically, by mail, or through hand 2005, by an enhanced federal-wide SUPPLEMENTARY INFORMATION: The delivery/courier. Follow the detailed electronic docket management and Georgia Center for Law in the Public instructions as provided in Unit I. of the comment system located at http:// Interest originally submitted a petition SUPPLEMENTARY INFORMATION. www.regulations.gov. Follow the online on behalf of the Sierra Club (Petitioner) FOR FURTHER INFORMATION CONTACT: instructions. to the Administrator on February 4, Diane Isbell, Special Review and An electronic version of the public 2002, requesting that EPA object to a Reregistration Division (7508C), Office docket is available through EPA’s state title V operating permit issued by of Pesticide Programs, Environmental electronic public docket and comment the EPD to Oglethorpe. Other Protection Agency, 1200 Pennsylvania system, EPA Dockets. You may use EPA inconsistencies (with the Act) alleged by Ave., NW., Washington, DC 20460– Dockets at http://www.epa.gov/edocket/
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to submit or view public comments, to C. How and to Whom Do I Submit system. If you send an e-mail comment access the index listing of the contents Comments? directly to the docket without going of the official public docket, and to You may submit comments through EPA’s electronic public docket, access those documents in the public electronically, by mail, or through hand EPA’s e-mail system automatically docket that are available electronically. delivery/courier. To ensure proper captures your e-mail address. E-mail Once in the system, select ‘‘search,’’ receipt by EPA, identify the appropriate addresses that are automatically then key in the appropriate docket ID docket ID number in the subject line on captured by EPA’s e-mail system are number. the first page of your comment. Please included as part of the comment that is Certain types of information will not ensure that your comments are placed in the official public docket, and be placed in the EPA Dockets. submitted within the specified comment made available in EPA’s electronic Information claimed as CBI and other public docket. period. Comments received after the information whose disclosure is iii. Disk or CD ROM. You may submit close of the comment period will be restricted by statute, which is not comments on a disk or CD ROM that marked ‘‘late.’’ EPA is not required to included in the official public docket, you mail to the mailing address will not be available for public viewing consider these late comments. If you identified in Unit I.C.2. These electronic in EPA’s electronic public docket. EPA’s wish to submit CBI or information that submissions will be accepted in policy is that copyrighted material will is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the use of special characters and any docket but will be available only in not use EPA Dockets or e-mail to submit form of encryption. printed, paper form in the official public CBI or information protected by statute. 2. By mail. Send your comments to: docket. To the extent feasible, publicly 1. Electronically. If you submit an Public Information and Records available docket materials will be made electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office available in EPA’s electronic public unit, EPA recommends that you include of Pesticide Programs (OPP), docket. When a document is selected your name, mailing address, and an e- Environmental Protection Agency, 1200 from the index list in EPA Dockets, the mail address or other contact Pennsylvania Ave., NW., Washington, system will identify whether the information in the body of your DC 20460–0001, Attention: Docket ID document is available for viewing in comment. Also include this contact Number EPA–HQ–OPP–2005–0061. EPA’s electronic public docket. information on the outside of any disk 3. By hand delivery or courier. Deliver Although not all docket materials may or CD ROM you submit, and in any your comments to: Public Information be available electronically, you may still cover letter accompanying the disk or and Records Integrity Branch (PIRIB), access any of the publicly available CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), docket materials through the docket identified as the submitter of the Environmental Protection Agency, Rm. facility identified in Unit I.B.1. EPA comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., intends to work towards providing in case EPA cannot read your comment Arlington, VA, Attention: Docket ID electronic access to all of the publicly due to technical difficulties or needs Number EPA–HQ–OPP–2005–0061. available docket materials through further information on the substance of Such deliveries are only accepted EPA’s electronic public docket. your comment. EPA’s policy is that EPA during the docket’s normal hours of For public commenters, it is will not edit your comment, and any operation as identified in Unit I.B.1. important to note that EPA’s policy is identifying or contact information D. How Should I Submit CBI to the that public comments, whether provided in the body of a comment will Agency? submitted electronically or in paper, be included as part of the comment that will be made available for public is placed in the official public docket, Do not submit information that you viewing in EPA’s electronic public and made available in EPA’s electronic consider to be CBI electronically docket as EPA receives them and public docket. If EPA cannot read your through EPA’s electronic public docket without change, unless the comment comment due to technical difficulties or by e-mail. You may claim contains copyrighted material, CBI, or and cannot contact you for clarification, information that you submit to EPA as other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that restricted by statute. When EPA comment. information as CBI (if you submit CBI identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then a reference to that material in the comments to EPA electronically is identify electronically within the disk or version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be entire printed comment, including the at http://www.epa.gov/edocket/, and disclosed except in accordance with copyrighted material, will be available follow the online instructions for procedures set forth in 40 CFR part 2. in the public docket. submitting comments. Once in the In addition to one complete version of Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any computer disks that are mailed or docket ID number EPA–HQ–OPP–2005– information claimed as CBI, a copy of delivered to the docket will be 0061. The system is an ‘‘anonymous the comment that does not contain the transferred to EPA’s electronic public access’’ system, which means EPA will information claimed as CBI must be docket. Public comments that are not know your identity, e-mail address, submitted for inclusion in the public mailed or delivered to the docket will be or other contact information unless you docket and EPA’s electronic public scanned and placed in EPA’s electronic provide it in the body of your comment. docket. If you submit the copy that does public docket. Where practical, physical ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, objects will be photographed, and the e-mail to [email protected], mark the outside of the disk or CD ROM photograph will be placed in EPA’s Attention: Docket ID Number EPA–HQ– clearly that it does not contain CBI. electronic public docket along with a OPP–2005–0061. In contrast to EPA’s Information not marked as CBI will be brief description written by the docket electronic public docket, EPA’s e-mail included in the public docket and EPA’s staff. system is not an ‘‘anonymous access’’ electronic public docket without prior
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notice. If you have any questions about and evaluation of biomonitoring, ENVIRONMENTAL PROTECTION CBI or the procedures for claiming CBI, product efficacy and other data. These AGENCY please consult the person listed under uses include: Almonds; apples and crab [EPA–HQ–OPP–2005–0317; FRL–7748–6] FOR FURTHER INFORMATION CONTACT. apples; blueberries, lowbush and highbush; Brussels sprouts; sweet and E. What Should I Consider as I Prepare Notice of Filing of a Pesticide Petition tart cherries; nursery stock; parsley; My Comments for EPA? for Establishment of an Exemption pears; pistachios; and walnuts. EPA from the Requirement of a Tolerance You may find the following intends to complete its evaluation of for the Residues of the Biochemical suggestions helpful for preparing your these uses and propose a decision in Pesticide (Z)–7,8–epoxy–2– comments: 2006. methyloctadecane in or on All Food 1. Explain your views as clearly as EPA is providing an opportunity, and Feed Commodities possible. through this notice, for interested 2. Describe any assumptions that you parties to provide comments and input AGENCY: Environmental Protection used. on the Agency’s ecological risk and Agency (EPA). 3. Provide any technical information grower impact assessments for ACTION: Notice. and/or data you used that support your azinphos-methyl. Such comments and views. input could address, for example, the SUMMARY: This notice announces the 4. If you estimate potential burden or availability of additional data to further initial filing of a pesticide petition costs, explain how you arrived at your refine the risk or grower impact proposing the establishment of an estimate. assessments, information about a exemption from the requirement of a 5. Provide specific examples to specific pest problem not addressed or tolerance for the residues of the illustrate your concerns. evaluated in the assessment, or could biochemical pesticide (Z)–7,8–epoxy–2– 6. Offer alternatives. address the Agency’s risk assessment methyloctadecane in or on all food and 7. Make sure to submit your methodologies and assumptions as feed commodities. comments by the comment period applied to this specific pesticide. Some DATES: Comments must be received on deadline identified. sample questions are provided in a or before January 6, 2006. 8. To ensure proper receipt by EPA, memorandum to the docket, dated ADDRESSES: Comments, identified by identify the appropriate docket ID November 29, 2005. These questions docket identification (ID) number EPA– number in the subject line on the first may be used as a guide for commenting HQ–OPP–2005–0317 and pesticide page of your response. It would also be on the assessments available in this petition (PP) number 5F6985, may be helpful if you provide the name, date, docket. submitted electronically, by mail, or and Federal Register citation related to Comments should be limited to issues through hand delivery or courier. your comments. raised within the assessments and Follow the detailed instructions as II. Background associated documents. Failure to provided in Unit I. of the comment on any such issues as part of SUPPLEMENTARY INFORMATION. A. What Action is the Agency Taking? this opportunity will not limit a FOR FURTHER INFORMATION CONTACT: commenter’s opportunity to participate EPA is making available the Andrew Bryceland, Biopesticides and in any later notice and comment environmental fate and ecological Pollution Prevention Division, (7511C), processes on this matter. All comments effects risk assessment, and the grower Office of Pesticide Programs, U. S. should be submitted using the methods impact assessments for azinphos- Environmental Protection Agency, 1200 in Unit I. of the SUPPLEMENTARY methyl. Azinphos-methyl is an Pennsylvania Ave., NW., Washington, INFORMATION, and must be received by organophosphate insecticide first DC 20460–0001, telephone number: EPA on or before the closing date. registered in 1959, and is used in (703) 305–6928; e-mail address: Comments will become part of the agriculture on orchard fruits, berries, [email protected]. nuts, and other crops. The Interim Agency Docket for azinphos-methyl. Reregistration Eligibility Decision for Comments received after the close of the SUPPLEMENTARY INFORMATION: azinphos-methyl was issued in October comment period will be marked ‘‘late.’’ I. General Information 2001. During the development of the EPA is not required to consider these IRED, EPA evaluated the risks and late comments. A. Does this Action Apply to Me? benefits associated with azinphos- B. What is the Agency’s Authority for You may be potentially affected by methyl use, considered all relevant risk Taking this Action? this action if you are an agricultural mitigation options and implemented a producer, food manufacturer, or The Agency is issuing this Notice in variety of mitigation measures, pesticide manufacturer. Potentially connection with decisions it will make including reductions in the rate and affected entities may include, but are in 2006 pursuant to section 3(c)(5) of the frequency of applications and not limited to: Federal Insecticide, Fungicide, and precautionary labeling to reduce risks. • Crop production (NAICS code 111). Rodenticide Act (FIFRA) regarding uses Despite these mitigation measures, • Animal production (NAICS code of azinphos-methyl and phosmet. calculated risks to workers and the 112). environment from azinphos-methyl use List of Subjects • Food manufacturing (NAICS code still indicated potential concerns. The 311). Environmental protection, Pesticides • technical registrants of azinphos-methyl and pests. Pesticide manufacturing (NAICS entered into a Memorandum of code 32532). Agreement (MOA) with EPA that was Dated: November 23, 2005. This listing is not intended to be signed on May 23, 2002, which Debra Edwards, exhaustive, but rather provides a guide provided for the deletion or phase out Director, Special Review and Reregistration for readers regarding entities likely to be of most azinphos-methyl uses. The Division, Office of Pesticide Programs. affected by this action. Other types of remaining 10 uses have time-limited [FR Doc. 05–23719 Filed 12–2–05; 1:05 pm] entities not listed in this unit could also registrations pending the submission BILLING CODE 6560–50–S be affected. The North American
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Industrial Classification System information whose disclosure is period. Comments received after the (NAICS) codes have been provided to restricted by statute, which is not close of the comment period will be assist you and others in determining included in the official public docket, marked ‘‘late.’’ EPA is not required to whether this action might apply to will not be available for public viewing consider these late comments. If you certain entities. If you have any in EPA’s electronic public docket. EPA’s wish to submit CBI or information that questions regarding the applicability of policy is that copyrighted material will is otherwise protected by statute, please this action to a particular entity, consult not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the person listed under FOR FURTHER docket but will be available only in not use EPA Dockets or e-mail to submit INFORMATION CONTACT. printed, paper form in the official public CBI or information protected by statute. docket. To the extent feasible, publicly 1. Electronically. If you submit an B. How Can I Get Copies of this available docket materials will be made electronic comment as prescribed in this Document and Other Related available in EPA’s electronic public unit, EPA recommends that you include Information? docket. When a document is selected your name, mailing address, and an e- 1. Docket. EPA has established an from the index list in EPA Dockets, the mail address or other contact official public docket for this action system will identify whether the information in the body of your under docket ID number EPA–HQ– document is available for viewing in comment. Also include this contact OPP–2005–0317. The official public EPA’s electronic public docket. information on the outside of any disk docket consists of the documents Although not all docket materials may or CD ROM you submit, and in any specifically referenced in this action, be available electronically, you may still cover letter accompanying the disk or any public comments received, and access any of the publicly available CD ROM. This ensures that you can be other information related to this action. docket materials through the docket identified as the submitter of the Although a part of the official docket, facility identified in Unit I.B.1. EPA comment and allows EPA to contact you the public docket does not include intends to work towards providing in case EPA cannot read your comment Confidential Business Information (CBI) electronic access to all of the publicly due to technical difficulties or needs or other information whose disclosure is available docket materials through further information on the substance of restricted by statute. The official public EPA’s electronic public docket. your comment. EPA’s policy is that EPA docket is the collection of materials that For public commenters, it is will not edit your comment, and any is available for public viewing at the important to note that EPA’s policy is identifying or contact information Public Information and Records that public comments, whether provided in the body of a comment will Integrity Branch (PIRIB), Rm. 119, submitted electronically or in paper, be included as part of the comment that Crystal Mall #2, 1801 S. Bell St., will be made available for public is placed in the official public docket, Arlington, VA. This docket facility is viewing in EPA’s electronic public and made available in EPA’s electronic open from 8:30 a.m. to 4 p.m., Monday docket as EPA receives them and public docket. If EPA cannot read your through Friday, excluding legal without change, unless the comment comment due to technical difficulties holidays. The docket telephone number contains copyrighted material, CBI, or and cannot contact you for clarification, is (703) 305–5805. other information whose disclosure is EPA may not be able to consider your 2. Electronic access. You may access restricted by statute. When EPA comment. this document electronically through identifies a comment containing i. EPA Dockets. Your use of EPA’s the EPA Internet under the ‘‘Federal copyrighted material, EPA will provide electronic public docket to submit Register’’ listings at http:// a reference to that material in the comments to EPA electronically is www.epa.gov/fedrgstr/. version of the comment that is placed in EPA’s preferred method for receiving Agency Website. EDOCKET, EPA’s EPA’s electronic public docket. The comments. Go directly to EPA Dockets electronic public docket and comment entire printed comment, including the at http://www.epa.gov/edocket/, and system was replaced on November 25, copyrighted material, will be available follow the online instructions for 2005, by an enhanced federal-wide in the public docket. submitting comments. Once in the electronic docket management and Public comments submitted on system, select ‘‘search,’’ and then key in comment system located at http:// computer disks that are mailed or docket ID number EPA–HQ–OPP–2005– www.regulations.gov. Follow the online delivered to the docket will be 0317. The system is an ‘‘anonymous instructions. transferred to EPA’s electronic public access’’ system, which means EPA will An electronic version of the public docket. Public comments that are not know your identity, e-mail address, docket is available through EPA’s mailed or delivered to the docket will be or other contact information unless you electronic public docket and comment scanned and placed in EPA’s electronic provide it in the body of your comment. system, EPA Dockets. You may use EPA public docket. Where practical, physical ii. E-mail. Comments may be sent by Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the e-mail to [email protected], to submit or view public comments, to photograph will be placed in EPA’s Attention: Docket ID Number EPA–HQ– access the index listing of the contents electronic public docket along with a OPP–2005–0317. In contrast to EPA’s of the official public docket, and to brief description written by the docket electronic public docket, EPA’s e-mail access those documents in the public staff. system is not an ‘‘anonymous access’’ docket that are available electronically. system. If you send an e-mail comment Although not all docket materials may C. How and to Whom Do I Submit directly to the docket without going be available electronically, you may still Comments? through EPA’s electronic public docket, access any of the publicly available You may submit comments EPA’s e-mail system automatically docket materials through the docket electronically, by mail, or through hand captures your e-mail address. E-mail facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper addresses that are automatically the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate captured by EPA’s e-mail system are the appropriate docket ID number. docket ID number in the subject line on included as part of the comment that is Certain types of information will not the first page of your comment. Please placed in the official public docket, and be placed in the EPA Dockets. ensure that your comments are made available in EPA’s electronic Information claimed as CBI and other submitted within the specified comment public docket.
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iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as proposes to establish an exemption from comments on a disk or CD ROM that possible. the requirement of a tolerance for you mail to the mailing address 2. Describe any assumptions that you residues of the biochemical pesticide identified in Unit I.C.2. These electronic used. (Z)–7,8–epoxy–2–methyloctadecane in submissions will be accepted in 3. Provide copies of any technical or on all food and feed commodities. An WordPerfect or ASCII file format. Avoid information and/or data you used that analytical method for residues is not the use of special characters and any support your views. applicable. form of encryption. 4. If you estimate potential burden or List of Subjects 2. By mail. Send your comments to: costs, explain how you arrived at the Public Information and Records estimate that you provide. Environmental protection, Integrity Branch (PIRIB) (7502C), Office 5. Provide specific examples to Agricultural commodities, Feed of Pesticide Programs (OPP), illustrate your concerns. additives, Food additives, Pesticides Environmental Protection Agency, 1200 6. Make sure to submit your and pests, Reporting and recordkeeping Pennsylvania Ave., NW., Washington, comments by the deadline in this requirements. DC 20460–0001, Attention: Docket ID notice. 7. To ensure proper receipt by EPA, Dated: November 15, 2005. Number EPA–HQ–OPP–2005–0317. be sure to identify the docket ID number Janet L. Andersen, 3. By hand delivery or courier. Deliver assigned to this action and the pesticide Director, Biopesticides and Pollution your comments to: Public Information petition number of the summary of Prevention Division, Office of Pesticide and Records Integrity Branch (PIRIB), interest in the subject line on the first Programs. Office of Pesticide Programs (OPP), page of your response. It would also he [FR Doc. 05–23726 Filed 12–6–05; 8:45 am] Environmental Protection Agency, Rm. helpful if you would provide the name, BILLING CODE 6560–50–S 119, Crystal Mall #2, 1801 S. Bell St., date, and Federal Register citation Arlington, VA, Attention: Docket ID related to your comments. Number EPA–HQ–OPP–2005–0317. ENVIRONMENTAL PROTECTION Such deliveries are only accepted II. What Action is the Agency Taking? AGENCY during the docket’s normal hours of EPA is printing notice of filing of a [EPA–HQ–OPP–2005–0316; FRL–7748–4] operation as identified in Unit I.B.1. pesticide petition received under D. How Should I Submit CBI to the section 408 of the Federal Food, Drug, Notice of Filing of a Pesticide Petition Agency? and Cosmetic Act (FFDCA), 21 U.S.C. for Establishment of an Exemption 346a, proposing the establishment of an from the Requirement of a Tolerance Do not submit information that you exemption from the requirement of a for the Residues of the Microbial consider to be CBI electronically tolerance in 40 CFR part 180 for the Pesticide Beauveria bassiana HF 23 in through EPA’s electronic public docket residues of the biochemical pesticide or on All Food and Feed Commodities or by e-mail. You may claim (Z)–7,8–epoxy–2–methyloctadecane in information that you submit to EPA as or on all food and feed commodities. AGENCY: Environmental Protection CBI by marking any part or all of that EPA has determined that this pesticide Agency (EPA). information as CBI (if you submit CBI petition contains data or information ACTION: Notice. on disk or CD ROM, mark the outside regarding the elements set forth in SUMMARY: of the disk or CD ROM as CBI and then FFDCA section 408(d)(2); however, EPA This notice announces the identify electronically within the disk or has not fully evaluated the sufficiency initial filing of a pesticide petition CD ROM the specific information that is of the submitted data at this time or proposing the establishment of an CBI). Information so marked will not be whether the data support granting of the exemption from the requirement of a disclosed except in accordance with pesticide petition. Additional data may tolerance for the residues of the procedures set forth in 40 CFR part 2. be needed before EPA rules on this microbial pesticide Beauveria bassiana In addition to one complete version of pesticide petition. HF 23 in or on all food and feed the comment that includes any Pursuant to 40 CFR 180.7(f), a commodities. information claimed as CBI, a copy of summary of the petition, prepared by DATES: Comments must be received on the comment that does not contain the the petitioner along with a description or before January 6, 2006. information claimed as CBI must be of the analytical methods available for ADDRESSES: Comments, identified by submitted for inclusion in the public the detection and measurement of the docket identification (ID) number EPA– docket and EPA’s electronic public pesticide chemical residues is available HQ–OPP–2005–0316 and pesticide docket. If you submit the copy that does on EPA’s Electronic Docket at http:// petition (PP) number 5F6960, may be not contain CBI on disk or CD ROM, www.epa.gov/edocket. To locate this submitted electronically, by mail, or mark the outside of the disk or CD ROM information, on the home page of EPA’s through hand delivery or courier. clearly that it does not contain CBI. Electronic Docket select ‘‘Quick Search’’ Follow the detailed instructions as Information not marked as CBI will be and type the OPP docket ID number for provided in Unit I. of the included in the public docket and EPA’s the pesticide petition (as specified in SUPPLEMENTARY INFORMATION. electronic public docket without prior Unit I.B.1.) in the search field. Once the FOR FURTHER INFORMATION CONTACT: notice. If you have any questions about search has located the docket, clicking Shanaz Bacchus, Biopesticides and CBI or the procedures for claiming CBI, on the ‘‘Docket ID’’ will bring up a list please consult the person listed under Pollution Prevention Division, (7511C), of all documents in the docket for the Office of Pesticide Programs, U. S. FOR FURTHER INFORMATION CONTACT. pesticide including the petition Environmental Protection Agency, 1200 E. What Should I Consider as I Prepare summary. Pennsylvania Ave., NW, Washington, My Comments for EPA? Exemption from the Requirement of a DC 20460–0001, telephone number: You may find the following Tolerance (703) 308–8097; e-mail address: suggestions helpful for preparing your PP 5F6985. Hercon Environmental, [email protected]. comments: P.O. Box 435, Emigsville, PA 17318, SUPPLEMENTARY INFORMATION:
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I. General Information www.regulations.gov. Follow the online delivered to the docket will be instructions. transferred to EPA’s electronic public A. Does this Action Apply to Me? An electronic version of the public docket. Public comments that are You may be potentially affected by docket is available through EPA’s mailed or delivered to the docket will be this action if you are an agricultural electronic public docket and comment scanned and placed in EPA’s electronic producer, food manufacturer, or system, EPA Dockets. You may use EPA public docket. Where practical, physical pesticide manufacturer. Potentially Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the affected entities may include, but are to submit or view public comments, to photograph will be placed in EPA’s not limited to: access the index listing of the contents electronic public docket along with a • Crop production (NAICS code 111). of the official public docket, and to brief description written by the docket • Animal production (NAICS code access those documents in the public staff. 112). docket that are available electronically. • Food manufacturing (NAICS code Although not all docket materials may C. How and to Whom Do I Submit 311). be available electronically, you may still Comments? • Pesticide manufacturing (NAICS access any of the publicly available You may submit comments code 32532). docket materials through the docket electronically, by mail, or through hand This listing is not intended to be facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper exhaustive, but rather provides a guide the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate for readers regarding entities likely to be the appropriate docket ID number. docket ID number in the subject line on affected by this action. Other types of Certain types of information will not the first page of your comment. Please entities not listed in this unit could also be placed in the EPA Dockets. ensure that your comments are be affected. The North American Information claimed as CBI and other submitted within the specified comment Industrial Classification System information whose disclosure is period. Comments received after the (NAICS) codes have been provided to restricted by statute, which is not close of the comment period will be assist you and others in determining included in the official public docket, marked ‘‘late.’’ EPA is not required to whether this action might apply to will not be available for public viewing consider these late comments. If you certain entities. If you have any in EPA’s electronic public docket. EPA’s wish to submit CBI or information that questions regarding the applicability of policy is that copyrighted material will is otherwise protected by statute, please this action to a particular entity, consult not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the person listed under FOR FURTHER docket but will be available only in not use EPA Dockets or e-mail to submit INFORMATION CONTACT. printed, paper form in the official public CBI or information protected by statute. 1. Electronically. If you submit an B. How Can I Get Copies of this docket. To the extent feasible, publicly electronic comment as prescribed in this Document and Other Related available docket materials will be made available in EPA’s electronic public unit, EPA recommends that you include Information? docket. When a document is selected your name, mailing address, and an e- 1. Docket. EPA has established an from the index list in EPA Dockets, the mail address or other contact official public docket for this action system will identify whether the information in the body of your under docket ID number EPA–HQ– document is available for viewing in comment. Also include this contact OPP–2005–0316. The official public EPA’s electronic public docket. information on the outside of any disk docket consists of the documents Although not all docket materials may or CD ROM you submit, and in any specifically referenced in this action, be available electronically, you may still cover letter accompanying the disk or any public comments received, and access any of the publicly available CD ROM. This ensures that you can be other information related to this action. docket materials through the docket identified as the submitter of the Although a part of the official docket, facility identified in Unit I.B.1. EPA comment and allows EPA to contact you the public docket does not include intends to work towards providing in case EPA cannot read your comment Confidential Business Information (CBI) electronic access to all of the publicly due to technical difficulties or needs or other information whose disclosure is available docket materials through further information on the substance of restricted by statute. The official public EPA’s electronic public docket. your comment. EPA’s policy is that EPA docket is the collection of materials that For public commenters, it is will not edit your comment, and any is available for public viewing at the important to note that EPA’s policy is identifying or contact information Public Information and Records that public comments, whether provided in the body of a comment will Integrity Branch (PIRIB), Rm. 119, submitted electronically or in paper, be included as part of the comment that Crystal Mall #2, 1801 S. Bell St., will be made available for public is placed in the official public docket, Arlington, VA. This docket facility is viewing in EPA’s electronic public and made available in EPA’s electronic open from 8:30 a.m. to 4 p.m., Monday docket as EPA receives them and public docket. If EPA cannot read your through Friday, excluding legal without change, unless the comment comment due to technical difficulties holidays. The docket telephone number contains copyrighted material, CBI, or and cannot contact you for clarification, is (703) 305–5805. other information whose disclosure is EPA may not be able to consider your 2. Electronic access. You may access restricted by statute. When EPA comment. this document electronically through identifies a comment containing i. EPA Dockets.Your use of EPA’s the EPA Internet under the ‘‘Federal copyrighted material, EPA will provide electronic public docket to submit Register’’ listings at http:// a reference to that material in the comments to EPA electronically is www.epa.gov/fedrgstr/. version of the comment that is placed in EPA’s preferred method for receiving Agency Website. EDOCKET, EPA’s EPA’s electronic public docket. The comments. Go directly to EPA Dockets electronic public docket and comment entire printed comment, including the at http://www.epa.gov/edocket/, and system was replaced on November 25, copyrighted material, will be available follow the online instructions for 2005, by an enhanced federal-wide in the public docket. submitting comments. Once in the electronic docket management and Public comments submitted on system, select ‘‘search,’’ and then key in comment system located at http:// computer disks that are mailed or docket ID number EPA–HQ–OPP–2005–
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0316. The system is an ‘‘anonymous the comment that does not contain the the petitioner along with a description access’’ system, which means EPA will information claimed as CBI must be of the analytical methods available for not know your identity, e-mail address, submitted for inclusion in the public the detection and measurement of the or other contact information unless you docket and EPA’s electronic public pesticide chemical residues is available provide it in the body of your comment. docket. If you submit the copy that does on EPA’s Electronic Docket at http:// ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, www.epa.gov/edocket. To locate this e-mail to [email protected], mark the outside of the disk or CD ROM information, on the home page of EPA’s Attention: Docket ID Number EPA–HQ– clearly that it does not contain CBI. Electronic Docket select ‘‘Quick Search’’ OPP–2005–0316. In contrast to EPA’s Information not marked as CBI will be and type the OPP docket ID number for electronic public docket, EPA’s e-mail included in the public docket and EPA’s the pesticide petition (as specified in system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment Unit I.B.1.) in the search field. Once the notice. If you have any questions about search has located the docket, clicking directly to the docket without going CBI or the procedures for claiming CBI, on the ‘‘Docket ID’’ will bring up a list through EPA’s electronic public docket, please consult the person listed under of all documents in the docket for the EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. captures your e-mail address. E-mail pesticide including the petition addresses that are automatically E. What Should I Consider as I Prepare summary. My Comments for EPA? captured by EPA’s e-mail system are Exemption from the Requirement of a included as part of the comment that is You may find the following Tolerance placed in the official public docket, and suggestions helpful for preparing your made available in EPA’s electronic comments: PP 5F6960. Jabb of the Carolinas, P.O. public docket. 1. Explain your views as clearly as Box 310, Pine Level, NC 27568, iii. Disk or CD ROM. You may submit possible. proposes to establish an exemption from comments on a disk or CD ROM that 2. Describe any assumptions that you the requirement of a tolerance for you mail to the mailing address used. residues of the microbial pesticide identified in Unit I.C.2. These electronic 3. Provide copies of any technical Beauveria bassiana HF 23 in or on all submissions will be accepted in information and/or data you used that food and feed commodities. An WordPerfect or ASCII file format. Avoid support your views. the use of special characters and any 4. If you estimate potential burden or analytical method is not required to form of encryption. costs, explain how you arrived at the detect residues of Beauveria bassiana 2. By mail. Send your comments to: estimate that you provide. HF 23 because the pesticidal active Public Information and Records 5. Provide specific examples to ingredient is not expected to survive on Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. food or feed after the treated chicken of Pesticide Programs (OPP), 6. Make sure to submit your manure is used on fields as fertilizer. Environmental Protection Agency, 1200 comments by the deadline in this The pesticide is not applied directly to Pennsylvania Ave., NW., Washington, notice. food or feed commodities. Beauveria DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, bassiana HF 23 occurs naturally in the Number EPA–HQ–OPP–2005–0316. be sure to identify the docket ID number environment. Thus, even if residues are 3. By hand delivery or courier. Deliver assigned to this action and the pesticide found on food or feed commodities as your comments to: Public Information petition number of the summary of a result of the pesticidal use of and Records Integrity Branch (PIRIB), interest in the subject line on the first Beauveria bassiana HF 23, it is not Office of Pesticide Programs (OPP), page of your response. It would also be feasible to distinguish the pesticide Environmental Protection Agency, Rm. helpful if you provided the name, date, active ingredient from those that abound 119, Crystal Mall #2, 1801 S. Bell St., and Federal Register citation related to naturally. In addition, the acute oral Arlington, VA, Attention: Docket ID your comments. toxicological tests indicate a low Number EPA–HQ–OPP–2005–0316. II. What Action is the Agency Taking? toxicity potential for Beauveria bassiana Such deliveries are only accepted HF 23. during the docket’s normal hours of EPA is printing notice of filing of a operation as identified in Unit I.B.1. pesticide petition received under List of Subjects section 408 of the Federal Food, Drug, D. How Should I Submit CBI to the and Cosmetic Act (FFDCA), 21 U.S.C. Environmental protection, Agency? 346a, proposing the establishment of an Agricultural commodities, Feed Do not submit information that you exemption from the requirement of additives, Food additives, Pesticides consider to be CBI electronically regulations in 40 CFR part 180 for the and pests, Reporting and recordkeeping through EPA’s electronic public docket residues of the microbial pesticide requirements. or by e-mail. You may claim Beauveria bassiana HF 23 in or on all Dated: November 15, 2005. information that you submit to EPA as food and feed commodities. EPA has CBI by marking any part or all of that determined that this pesticide petition Janet L. Andersen, information as CBI (if you submit CBI contains data or information regarding Director, Biopesticides and Pollution on disk or CD ROM, mark the outside the elements set forth in FFDCA section Prevention Division, Office of Pesticide of the disk or CD ROM as CBI and then 408(d)(2); however, EPA has not fully Programs. identify electronically within the disk or evaluated the sufficiency of the [FR Doc. 05–23725 Filed 12–6–05; 8:45 am] CD ROM the specific information that is submitted data at this time or whether BILLING CODE 6560–50–S CBI). Information so marked will not be the data support granting of the disclosed except in accordance with pesticide petition. Additional data may procedures set forth in 40 CFR part 2. be needed before EPA rules on this In addition to one complete version of pesticide petition. the comment that includes any Pursuant to 40 CFR 180.7(f), a information claimed as CBI, a copy of summary of the petition, prepared by
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ENVIRONMENTAL PROTECTION this action to a particular entity, consult not be placed in EPA’s electronic public AGENCY the person listed under FOR FURTHER docket but will be available only in INFORMATION CONTACT. printed, paper form in the official public [EPA–HQ–OPP–2005–0313; FRL–7747–7] docket. To the extent feasible, publicly B. How Can I Get Copies of This available docket materials will be made Notice of Filing of a Pesticide Petition Document and Other Related available in EPA’s electronic public for the Establishment of Regulations Information? docket. When a document is selected for Residues of the Herbicide Diquat 1. Docket. EPA has established an from the index list in EPA Dockets, the Dibromide in or on Food Commodities official public docket for this action system will identify whether the AGENCY: Environmental Protection under docket ID number EPA–HQ– document is available for viewing in Agency (EPA). OPP–2005–0313. The official public EPA’s electronic public docket. docket consists of the documents ACTION: Notice. Although not all docket materials may specifically referenced in this action, be available electronically, you may still SUMMARY: This notice announces the any public comments received, and access any of the publicly available initial filing of a pesticide petition other information related to this action. docket materials through the docket proposing the establishment of Although a part of the official docket, facility identified in Unit I.B.1. EPA regulations for residues of the herbicide the public docket does not include intends to work towards providing diquat dibromide in or on peas and Confidential Business Information (CBI) electronic access to all of the publicly beans, dried shelled (except soybeans). or other information whose disclosure is available docket materials through restricted by statute. The official public DATES: Comments must be received on EPA’s electronic public docket. docket is the collection of materials that For public commenters, it is or before January 6, 2006. is available for public viewing at the important to note that EPA’s policy is ADDRESSES: Comments, identified by Public Information and Records that public comments, whether docket identification (ID) number EPA– Integrity Branch (PIRIB), Rm. 119, submitted electronically or in paper, HQ–OPP–2005–0313 and pesticide Crystal Mall #2, 1801 S. Bell St., will be made available for public petition (PP) number PP 6F4609, may be Arlington, VA. This docket facility is viewing in EPA’s electronic public submitted electronically, by mail, or open from 8:30 a.m. to 4 p.m., Monday docket as EPA receives them and through hand delivery or courier. through Friday, excluding legal without change, unless the comment Follow the detailed instructions as holidays. The docket telephone number contains copyrighted material, CBI, or provided in Unit I. of the is (703) 305–5805. other information whose disclosure is SUPPLEMENTARY INFORMATION. 2. Electronic access.You may access restricted by statute. When EPA FOR FURTHER INFORMATION CONTACT: this document electronically through identifies a comment containing Joanne Miller, Registration Division the EPA Internet under the ‘‘Federal copyrighted material, EPA will provide (7505C), Office of Pesticide Programs, U. Register’’ listings at http:// a reference to that material in the S. Environmental Protection Agency, www.epa.gov/fedrgstr/. version of the comment that is placed in 1200 Pennsylvania Ave., NW., Agency Web site: EDOCKETS, EPA’s EPA’s electronic public docket. The Washington, DC 20460–0001; telephone electronic public docket and comment entire printed comment, including the number: 703–305–6224; e-mail address: system was replaced on November 25, copyrighted material, will be available [email protected]. 2005, by an enhanced federal-wide in the public docket. electronic docket management and SUPPLEMENTARY INFORMATION: Public comments submitted on comment system located at http:// computer disks that are mailed or I. General Information www.regulations.gov/. Follow the on- delivered to the docket will be A. Does This Action Apply to Me? line instructions. transferred to EPA’s electronic public An electronic version of the public docket. Public comments that are You may be potentially affected by docket is available through EPA’s mailed or delivered to the docket will be this action if you are an agricultural electronic public docket and comment scanned and placed in EPA’s electronic producer, food manufacturer, or system, EPA Dockets. You may use EPA public docket. Where practical, physical pesticide manufacturer. Potentially Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the affected entities may include, but are to submit or view public comments, to photograph will be placed in EPA’s not limited to: access the index listing of the contents electronic public docket along with a • Crop production (NAICS code 111). of the official public docket, and to brief description written by the docket • Animal production (NAICS code access those documents in the public staff. 112). docket that are available electronically. • Food manufacturing (NAICS code Although not all docket materials may C. How and to Whom Do I Submit 311). be available electronically, you may still Comments? • Pesticide manufacturing (NAICS access any of the publicly available You may submit comments code 32532). docket materials through the docket electronically, by mail, or through hand This listing is not intended to be facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper exhaustive, but rather provides a guide the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate for readers regarding entities likely to be the appropriate docket ID number. docket ID number in the subject line on affected by this action. Other types of Certain types of information will not the first page of your comment. Please entities not listed in this unit could also be placed in the EPA Dockets. ensure that your comments are be affected. The North American Information claimed as CBI and other submitted within the specified comment Industrial Classification System information whose disclosure is period. Comments received after the (NAICS) codes have been provided to restricted by statute, which is not close of the comment period will be assist you and others in determining included in the official public docket, marked ‘‘late.’’ EPA is not required to whether this action might apply to will not be available for public viewing consider these late comments. If you certain entities. If you have any in EPA’s electronic public docket. EPA’s wish to submit CBI or information that questions regarding the applicability of policy is that copyrighted material will is otherwise protected by statute, please
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follow the instructions in Unit I.D. Do the use of special characters and any 4. If you estimate potential burden or not use EPA Dockets or e-mail to submit form of encryption. costs, explain how you arrived at the CBI or information protected by statute. 2. By mail. Send your comments to: estimate that you provide. 1. Electronically. If you submit an Public Information and Records 5. Provide specific examples to electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. unit, EPA recommends that you include of Pesticide Programs (OPP), 6. Make sure to submit your your name, mailing address, and an e- Environmental Protection Agency, 1200 comments by the deadline in this mail address or other contact Pennsylvania Ave., NW., Washington, notice. information in the body of your DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, comment. Also include this contact Number EPA–HQ–OPP–2005–0313. be sure to identify the docket ID number information on the outside of any disk 3. By hand delivery or courier. Deliver assigned to this action and the pesticide or CD ROM you submit, and in any your comments to: Public Information petition number of the summary of cover letter accompanying the disk or and Records Integrity Branch (PIRIB), interest in the subject line on the first CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), page of your response. It would also be identified as the submitter of the Environmental Protection Agency, Rm. helpful if you provided the name, date, comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., and Federal Register citation related to in case EPA cannot read your comment Arlington, VA, Attention: Docket ID your comments. due to technical difficulties or needs Number EPA–HQ–OPP–2005–0313. II. What Action Is the Agency Taking? further information on the substance of Such deliveries are only accepted your comment. EPA’s policy is that EPA during the docket’s normal hours of EPA is printing notice of the filing of will not edit your comment, and any operation as identified in Unit I.B.1. a pesticide petition received under identifying or contact information section 408 of the Federal Food, Drug, provided in the body of a comment will D. How Should I Submit CBI to the and Cosmetic Act (FFDCA), 21 U.S.C. be included as part of the comment that Agency? 346a, proposing the establishment of is placed in the official public docket, Do not submit information that you regulations in 40 CFR part 180 for and made available in EPA’s electronic consider to be CBI electronically residues of the herbicide diquat public docket. If EPA cannot read your through EPA’s electronic public docket dibromide in or on peas and beans, comment due to technical difficulties or by e-mail. You may claim dried shelled (except soybeans). EPA and cannot contact you for clarification, information that you submit to EPA as has determined that this pesticide EPA may not be able to consider your CBI by marking any part or all of that petition contains data or information comment. information as CBI (if you submit CBI regarding the elements set forth in i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside FFDCA section 408(d)(2); however, EPA electronic public docket to submit of the disk or CD ROM as CBI and then has not fully evaluated the sufficiency comments to EPA electronically is identify electronically within the disk or of the submitted data at this time or EPA’s preferred method for receiving CD ROM the specific information that is whether the data support granting of the comments. Go directly to EPA Dockets CBI). Information so marked will not be pesticide petition. Additional data may at http://www.epa.gov/edocket/, and disclosed except in accordance with be needed before EPA rules on this follow the online instructions for procedures set forth in 40 CFR part 2. pesticide petition. submitting comments. Once in the In addition to one complete version of Pursuant to 40 CFR 180.7(f), a system, select ‘‘search,’’ and then key in the comment that includes any summary of the petition, prepared by docket ID number EPA–HQ–OPP–2005– information claimed as CBI, a copy of the petitioner along with a description 0313. The system is an ‘‘anonymous the comment that does not contain the of the analytical methods available for access’’ system, which means EPA will information claimed as CBI must be the detection and measurement of the not know your identity, e-mail address, submitted for inclusion in the public pesticide chemical residues is available or other contact information unless you docket and EPA’s electronic public on EPA’s Electronic Docket at http:// provide it in the body of your comment. docket. If you submit the copy that does www.epa.gov/edocket . To locate this ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, information, on the home page of the e-mail to [email protected], mark the outside of the disk or CD ROM EPA’s Electronic Docket select ‘‘Quick Attention: Docket ID Number EPA–HQ– clearly that it does not contain CBI. Search’’ and type the OPP docket OPP–2005–0313. In contrast to EPA’s Information not marked as CBI will be number for the pesticide petition (as electronic public docket, EPA’s e-mail included in the public docket and EPA’s specified in Unit I.B.1.) in the search system is not an ‘‘anonymous access’’ electronic public docket without prior field. Once the search has located the system. If you send an e-mail comment notice. If you have any questions about docket, clicking on the ‘‘Docket ID’’ will directly to the docket without going CBI or the procedures for claiming CBI, bring up a list of all documents in the through EPA’s electronic public docket, please consult the person listed under docket for the pesticide including the EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. petition summary. captures your e-mail address. E-mail addresses that are automatically E. What Should I Consider as I Prepare New Tolerance captured by EPA’s e-mail system are My Comments for EPA? PP 6F4609. Syngenta Crop Protection, included as part of the comment that is You may find the following Inc., P.O. Box 18300, Greensboro, NC placed in the official public docket, and suggestions helpful for preparing your 27419, proposes to establish a tolerance made available in EPA’s electronic comments: for residues of the herbicide diquat public docket. 1. Explain your views as clearly as dibromide in or on in or on food iii. Disk or CD ROM. You may submit possible. commodities pea and bean, dried comments on a disk or CD ROM that 2. Describe any assumptions that you shelled (except soybean) (subgroup6–C) you mail to the mailing address used. at 0.80 parts per million. An adequate identified in Unit I.C.2. These electronic 3. Provide copies of any technical analytical method (spectrophotometric submissions will be accepted in information and/or data you used that method) measuring absorption WordPerfect or ASCII file format. Avoid support your views. following derivitisation of diquat with
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alkaline sodium dithinoite has been Rulemaking, which was also released on order to submit a complaint, certain accepted. March 18, 2005, and which proposed fields have an asterisk next to them. and sought comment on measures to Form 475 also clearly states that List of Subjects enhance the ability of consumers to ‘‘slamming’’ complaints may not be Environmental protection, make informed choices among filed using the revised Form 475. Letters Agricultural commodities, Feed competitive telecommunications and numbers have been added to the additives, Food additives, Pesticides providers. individual data requests, to make it and pests, Reporting and recordkeeping The information collection easier for consumers to fill out the requirements. requirements include the following: (1) revised FCC Form 475. Dated: November 15, 2005. Those requirements contained in the In Form 475, the Commission asks for Lois Rossi, Truth-in-Billing Format rules, which the complainant’s contact information were previously approved by OMB on in the first ten fields, including, name/ Director, Registration Division, Office of company name, address, telephone Pesticide Programs. November 30, 2004; (2) the adjustments number and e-mail address. Form 475 [FR Doc. 05–23727 Filed 12–6–05; 8:45 am] pursuant to the new Census data; (3) changes to the existing rule § 64.2400(b) also asks the consumer to briefly BILLING CODE 6560–50–S pursuant to the 2005 Second Report and describe his or her complaint, including Order; and (4) the proposed the company(ies) involved, the account requirements contained in the 2005 numbers, telephone numbers associated FEDERAL COMMUNICATIONS Second Further Notice of Proposed with the complaint, types of service COMMISSION Rulemaking. involved, important dates, and the resolution the consumer is seeking. Public Information Collections OMB Control No.: 3060–0874. Revised Form 475 also provides clearer Approved by Office of Management OMB Approval Date: 11/01/2005. guidance for persons wishing to file and Budget Expiration Date: 11/30/2008. Telephone Consumer Protection Act Title: FCC General Communications (TCPA) related complaints (e.g., November 28, 2005. Related Issues/Obscene, Profane, and/or SUMMARY: The Federal Communications unwanted telemarketing calls, Indecent Material Complaint Form. unsolicited faxes, etc.). Revised Form Commission (FCC) has received Office Form No.: FCC Form 475 and FCC of Management and Budget (OMB) 475 now has a section for consumers to Form 475B. submit TCPA complaints with the approval for the following public Estimated Annual Burden: 1,354,619 information collections pursuant to the Commission. This section includes five responses; FCC Form 475—30 minutes, fields or questions where consumers Paperwork Reduction Act of 1995, FCC Form 475B—15 minutes; 359,477 Public Law 104–13. An agency may not will provide the requested information total annually hourly burden. and submit the information to file a conduct or sponsor and a person is not Needs and Uses: Revised FCC Form required to respond to a collection of TCPA violation with the Commission. 475, Consumer Complaint Form, allows FCC Form 475B, Obscene, Profane, information unless it displays a the Commission to collect detailed data and/or Indecent Material Complaint currently valid control number. from consumers on the practices of Form, will enable the Commission to FOR FURTHER INFORMATION CONTACT: common carriers. The information collect detailed data from consumers on Dana Jackson, Federal Communications contained in the collection will allow the practices of those entities that may Commission, 445 12th Street, SW., consumers to provide the Commission air/broadcast obscene, profane and/or Washington DC 20554, (202) 418–2247 with a concise statement outlining all indecent programming by giving or via the Internet at the issues in dispute. Revisions were consumers an opportunity, for the first [email protected]. made in the form to minimize the need time, to use a specific form to delineate SUPPLEMENTARY INFORMATION: to call back consumers in order to such complaints. Form 475B will be OMB Control No.: 3060–0854. acquire additional data. The used only for complaints associated OMB Approval Date: 09/15/2005. Commission uses the information to: (1) with obscene, profane, and/or indecent Expiration Date: 09/30/2008. Assist in resolving informal complaints; programming. Information contained in Title: Truth-in-Billing Format, CC (2) assess the practices of common the collection will allow consumers to Docket No. 98–170. carriers; and (3) for investigative work provide the Commission with the Form No.: None. performed by Federal and State law relevant information to help consumers Estimated Annual Burden: 34,866 enforcement agencies to monitor carrier develop a concise statement outlining responses; 5 to 462 hours per response; practices and promote compliance with the issues in dispute, thereby 4,636,942 total annually hourly burden. Federal and State law. The data may minimizing the amount of time it takes Needs and Uses: On March 18, 2005, become the basis for enforcement to file a complaint, minimizing the Commission released the Second actions and/or rulemaking proceedings, confusion on what information the Report and Order, Declaratory Ruling, In as appropriate. Commission requires, and improving the Matter of Truth-in-Billing and The Commission revised FCC Form the complaint process and the overall Billing Format 2005 Second Report and 475 to clarify information requirements quality of the complaints received. Order and Declaratory Ruling, FCC 05– and to comply with OMB requests to Prior to the creation of Form 475B, 55, which determined that Commercial make the form more user friendly, by consumers have attempted to use Form Mobile Radio Service (CMRS) providers making it clear when and how revised 475 to submit complaints about no longer should be exempted from 47 Form 475 may be used appropriately. To programming and in most instances the CFR 64.2401(b), which requires billing emphasize which types of complaints Commission has been unable, due to descriptions to be brief, clear, non- may be filed using the revised form, lack of adequate information, to process misleading and in plain language. In Form 475 includes directions for use in the complaints. For example, conjunction with the 2005 Second colored text at the top of the form. information pertaining to the date, time, Report and Order and Declaratory Revised Form 475 will be used for all and content of the program, the name of Ruling, the Commission released a 2005 telephone-related complaints, except the station or program that is the subject Second Further Notice of Proposed slamming. If information is required in of the complaint can now be easily
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provided. FCC Form 475B includes account information between two LECs FEDERAL RESERVE SYSTEM fields that ask for the complainant’s when a customer switches local service contact information, including name, providers. The Commission proposed Change in Bank Control Notices; address, e-mail address, and telephone this action in light of concerns reflected Acquisition of Shares of Bank or Bank number. Form 475B also includes a in the record regarding the need for Holding Companies; Correction section that asks for information to help more effective communications between This notice corrects a notice (FR Doc. identify the station that aired the alleged LECs when consumers change local E5-6679) published on pages 71852 and obscene, profane, and/or indecent service providers. Because the 71853 of the issue for Wednesday, material, including the network’s name, information exchanges proposed in the November 30, 2005. name of the station, name of the 2005 Further Notice of Proposed Under the Federal Reserve Bank of St. particular program, host or personality/ Rulemaking constitute proposed new Louis heading, the entry for Carolyn DJ, time of the program, the time zone, information collections under the PRA, Ferguson Pryor, Jackson, Mississippi, is the date of the program and the the Commission specifically invited the revised to read as follows: community where the material was general public and OMB to comment on A. Federal Reserve Bank of St. Louis aired. The last section on Form 475B the proposed requirements. (Glenda Wilson, Community Affairs asks the complainant to describe the The information collection Officer) 411 Locust Street, St. Louis, incident and to include as much detail requirements include: (1) those that are Missouri 63166-2034: as possible about specific words, contained in the 2005 Report and Order, 1. The Ferguson Family Control languages, and images, to help the which was released on February 25, Group, consisting of Carolyn Ferguson Commission determine whether the 2005; and (2) those that the Commission Pryor, Jackson, Mississippi; Nancy program was, in fact, obscene, profane, proposes in the 2005 Further Notice of Ferguson Rasco, Hot Springs, Arkansas; or indecent. Proposed Rulemaking, published on Rebecca Ferguson Ehrlicher, Memphis, The data may become the foundation June 2, 2005, 70 FR 31406. Tennessee; Carolyn F. Pryor Trust, De for enforcement actions and/or Federal Communications Commission. Witt, Arkansas; Nancy F. Rasco Trust, rulemaking proceedings, as appropriate. Marlene H. Dortch, De Witt, Arkansas; and Rebecca F. The information will strengthen the Secretary. Ehrlicher Trust, De Witt, Arkansas; to effectiveness of the Commission’s rules acquire additional voting shares of DBT in deterring obscene, profane, and [FR Doc. E5–6889 Filed 12–6–05; 8:45 am] BILLING CODE 6712–01–P Financial Corporation, De Witt, indecent content and programming. Arkansas, and thereby indirectly acquire OMB Control No.: 3060–1084. additional voting shares of De Witt Bank OMB Approval Date: 08/30/2005. and Trust Company, De Witt, Arkansas. Expiration Date: 08/31/2008. FEDERAL MARITIME COMMISSION Comments on this application must Form No.: None. be received by December 15, 2005. Estimated Annual Burden: 380,340 Notice of Agreement Filed Board of Governors of the Federal Reserve responses; 0.75 to 6.70 hours per System,December 1, 2005. response; 444,576 total annually hourly The Commission hereby gives notice Robert deV. Frierson, burden. of the filing of the following agreement Title: Rules and Regulations under the Shipping Act of 1984. Deputy Secretary of the Board. Implementing Minimum Customer Interested parties may submit comments [FR Doc. E5–6915 Filed 12–6–05; 8:45 am] Account Record Obligations on All on an agreement to the Secretary, BILLING CODE 6210–01–S Local Interexchange Carrier (CARE), CG Federal Maritime Commission, Docket No. 02–386. Washington, DC 20573, within ten days Needs and Uses: In the 2005 Report of the date this notice appears in the FEDERAL RESERVE SYSTEM and Order and Further Notice of Federal Register. Copies of agreements Formations of, Acquisitions by, and Proposed Rulemaking, In the Matter of are available through the Commission’s Mergers of Bank Holding Companies Rules and Regulations Implementing Office of Agreements (202–523–5793 or Minimum Customer Account Record [email protected]). The companies listed in this notice Exchange Obligations on All Local and Agreement No.: 011925. have applied to the Board for approval, Interexchange Carriers (2005 Report and Title: WHL/Norasia Slot Exchange pursuant to the Bank Holding Company Order), CG Docket No. 02–386, FCC 05– and Sailing Agreement. Act of 1956 (12 U.S.C. 1841 et seq.) 29, which was released on February 25, Parties: Wan Hai Lines Ltd. and (BHC Act), Regulation Y (12 CFR Part 2005, the Commission adopted rules Norasia Container Lines Limited. 225), and all other applicable statutes governing the exchange of customer Filing Party: Walter H. Lion, Esq.; and regulations to become a bank account information between local McLaughlin & Stern, LLP; 260 Madison holding company and/or to acquire the exchange carriers (LECs) and Avenue; New York, NY 10016. assets or the ownership of, control of, or interexchange carriers (IXCs). Synopsis: The agreement authorizes the power to vote shares of a bank or The Commission concluded that the parties to share vessel space in the bank holding company and all of the mandatory, minimum standards are trades between ports in China and banks and nonbanking companies needed in light of record evidence South Korea, on the one hand, and ports owned by the bank holding company, demonstrating that information needed on the West Coast of the United States. including the companies listed below. by carriers to execute customer requests The applications listed below, as well and properly bill customers is not being By Order of the Federal Maritime as other related filings required by the Commission. consistently provided by all LECs and Board, are available for immediate IXCs. Dated: December 2, 2005. inspection at the Federal Reserve Bank In the 2005 Further Notice of Bryant L. VanBrakle, indicated. The application also will be Proposed Rulemaking, the Commission Secretary. available for inspection at the offices of sought comment on whether to mandate [FR Doc. E5–7004 Filed 12–6–05; 8:45 am] the Board of Governors. Interested the exchange of particular customer BILLING CODE 6730–01–P persons may express their views in
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writing on the standards enumerated in persons may express their views in Greensburg, Indiana, is revised to read the BHC Act (12 U.S.C. 1842(c)). If the writing on the standards enumerated in as follows: proposal also involves the acquisition of the BHC Act (12 U.S.C. 1842(c)). If the A. Federal Reserve Bank of Chicago a nonbanking company, the review also proposal also involves the acquisition of (Patrick M. Wilder, Assistant Vice includes whether the acquisition of the a nonbanking company, the review also President) 230 South LaSalle Street, nonbanking company complies with the includes whether the acquisition of the Chicago, Illinois 60690-1414: standards in section 4 of the BHC Act nonbanking company complies with the 1. Main Source Financial Group, Inc., (12 U.S.C. 1843). Unless otherwise standards in section 4 of the BHC Act Greensburg, Indiana; to acquire 100 noted, nonbanking activities will be (12 U.S.C. 1843). Unless otherwise percent of the voting shares of Union conducted throughout the United States. noted, nonbanking activities will be Community Bancorp, Crawfordsville, Additional information on all bank conducted throughout the United States. Indiana, and thereby indirectly acquire holding companies may be obtained Additional information on all bank Union Federal Savings and Loan from the National Information Center holding companies may be obtained Association, Crawfordsville, Indiana website at http://www.ffiec.gov/nic/. from the National Information Center (‘‘Union Federal’’), and thereby engage Unless otherwise noted, comments website at http://www.ffiec.gov/nic/. in operating a savings and loan regarding each of these applications Unless otherwise noted, comments association, pursuant to section must be received at the Reserve Bank regarding each of these applications 225.28(b)(4)(ii) of Regulation Y. indicated or the offices of the Board of must be received at the Reserve Bank In connection with this Application, Governors not later than December 30, indicated or the offices of the Board of Applicant has applied to acquire 2005. Governors not later than January 3, MainSource Bank–Crawfordsville, A. Federal Reserve Bank of St. Louis 2006. Crawfordsville, Indiana. Union Federal (Glenda Wilson, Community Affairs will merge into MainSource Bank— Officer) 411 Locust Street, St. Louis, Crawfordsville, as part of this transaction, pursuant to section 3 of the Missouri 63166-2034: A. Federal Reserve Bank of Chicago 1. M&P Community Bancshares, Inc., Bank Holding Company Act. (Patrick M. Wilder, Assistant Vice 401(k) Employee Stock Ownership Plan, Comments on this application must President) 230 South LaSalle Street, Newport, Arkansas; to become a bank be received by December 19, 2005. Chicago, Illinois 60690-1414: holding company by acquiring an 1. AJJ Bancorp, Elkader, Iowa; to Board of Governors of the Federal Reserve additional 1.7 percent, for a total of 26.6 System, December 1, 2005. acquire 100 percent of the voting shares percent, of the voting shares of M&P of Corridor State Bank (in organization), Robert deV. Frierson, Bancshares, Inc., Newport, Arkansas, Coralville, Iowa, and thereby indirectly Deputy Secretary of the Board. and thereby indirectly acquire Greers acquire Corridor State Bank, Coralville, [FR Doc. E5–6914 Filed 12–6–05; 8:45 am] Ferry Lake State Bank, Herber Springs, Iowa. BILLING CODE 6210–01–S Arkansas, and Merchants & Planters Bank, Newport, Arkansas. B. Federal Reserve Bank of St. Louis Board of Governors of the Federal Reserve (Glenda Wilson, Community Affairs DEPARTMENT OF HEALTH AND System, December 1, 2005. Officer) 411 Locust Street, St. Louis, HUMAN SERVICES Robert deV. Frierson, Missouri 63166-2034: Deputy Secretary of the Board. 1. Lincoln County Bancorp, Inc., Troy, Agency for Healthcare Research and [FR Doc. E5–6913 Filed 12–6–05; 8:45 am] Missouri, to merge with Centennial Quality BILLING CODE 6210–01–S Bancshares Corporation, Elsberry, Meeting of the Citizens’ Health Care Missouri, and thereby indirectly acquire Working Group Bank of Lincoln County, Elsberry, FEDERAL RESERVE SYSTEM Missouri. AGENCY: Agency for Healthcare Research and Quality (AHRQ), HHS. Formations of, Acquisitions by, and Board of Governors of the Federal Reserve ACTION: Mergers of Bank Holding Companies System, December 2, 2005. Notice of public meeting. Robert deV. Frierson, SUMMARY: In accordance with section The companies listed in this notice Deputy Secretary of the Board. have applied to the Board for approval, 10(a) of the Federal Advisory Committee [FR Doc. E5–7003 Filed 12–6–05; 8:45 am] pursuant to the Bank Holding Company Act, this notice announces a meeting of Act of 1956 (12 U.S.C. 1841 et seq.) BILLING CODE 6210–01–S the Citizens’ Health Care Working (BHC Act), Regulation Y (12 CFR part Group (the Working Group) mandated by section 1014 of the Medicare 225), and all other applicable statutes FEDERAL RESERVE SYSTEM and regulations to become a bank Modernization Act. DATES: holding company and/or to acquire the Notice of Proposals to Engage in A business meeting of the assets or the ownership of, control of, or Permissible Nonbanking Activities or Working Group will be held on the power to vote shares of a bank or to Acquire Companies That are Wednesday, December 14, 2005, from bank holding company and all of the Engaged in Permissible Nonbanking 8:30 a.m. to 4:30 p.m. and Thursday, banks and nonbanking companies Activities; Correction December 15, 2005 from 8:30 a.m. to 2 owned by the bank holding company, p.m. including the companies listed below. This notice corrects a notice (FR Doc. ADDRESSES: The meeting will take place The applications listed below, as well E6453) published on page 70849 of the at the Wilbur Cohen Building, 300 as other related filings required by the issue for Wednesday, November 23, Independence Avenue, SW., Board, are available for immediate 2005. Washington, DC 20201 in Room 5051, inspection at the Federal Reserve Bank the Snow Room. indicated. The application also will be Under the Federal Reserve Bank of The meeting is open to the public. available for inspection at the offices of Chicago heading, the entry for FOR FURTHER INFORMATION CONTACT: the Board of Governors. Interested MainSource Financial Group, Inc., Caroline Taplin, Citizens’ Health Care
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Working Group, at (301) 443–1514 or for consideration by the Citizens’ Health and closed for the remainder of the [email protected]. If sign language Care Working Group should submit meeting). interpretation or other reasonable information electronically to Place: John Eisenberg Building, 540 accommodation for a disability is [email protected]. Since all Gaither Road, AHRQ Conference Center, needed, please contact Mr. Donald L. electronic submissions will be posted Rockville, Maryland 20850. Inniss, Director, Office of Equal on the Working Group Web site, Contact Person: Anyone wishing to Employment Opportunity Program, separate submissions by topic will obtain a roster of members, agenda or Program Support Center, on (301) 443– facilitate review of ideas submitted on minutes of the non-confidential portions 1144. each topic by the Working Group and of this meeting should contact Mrs. The agenda for this Working Group the public. Bonnie Campbell, Committee meeting will be available on the This notice is published less than 15 Management Officer, Office of Citizens’ Working Group Web site, days in advance of the meeting due to Extramural Research, Education and http://www.citizenshealthcare.gov. Also logistical difficulties. Priority Populations, AHRQ, 540 available at that site is a roster of Dated: November 30, 2005. Gaither Road, Room 2038, Rockville, Working Group members. When Maryland 20850, Telephone (301) 427– Carolyn M. Clancy, transcripts of these meetings are 1554. completed, they will also be available Director. Agenda items for this meeting are on the Web site. [FR Doc. 05–23673 Filed 12–6–05; 8:45 am] subject to change as priorities dictate. BILLING CODE 4160–90–M SUPPLEMENTARY INFORMATION: Section Dated: November 23, 2005. 1014 of Public Law 108–173, (known as Carolyn M. Clancy, the Medicare Modernization Act) directs DEPARTMENT OF HEALTH AND Director. the Secretary of the Department of HUMAN SERVICES Health and Human Services (DHHS), [FR Doc. 05–23674 Filed 12–6–05; 8:45 am] BILLING CODE 4160–90–M acting through the Agency for Agency for Healthcare Research and Healthcare Research and Quality, to Quality establish a Citizens’ Health Care DEPARTMENT OF HEALTH AND Working Group (Citizen Group). This Notice of Meeting HUMAN SERVICES statutory provision, codified at 42 U.S.C. 299 n., directs the Working In accordance with section 10(d) of the Federal Advisory Committee Act (5 Agency for Toxic Substances and Group to: (1) Identify options for Disease Registry changing our health care system so that U.S.C., Appendix 2), announcement is every American has the ability to obtain made of a Health Care Policy and Statement of Organization, Functions, quality, affordable health care coverage; Research Special Emphasis Panel (SEP) and Delegations of Authority (2) provide for a nationwide public meeting. debate about improving the health care A Special Emphasis Panel is a group Part T (Agency for Toxic Substances system; and (3) submit its of experts in fields related to health care and Disease Registry) of the Statement recommendations to the President and research who are invited by the Agency of Organization, Functions, and the Congress. for Health Care Research and Quality Delegations of Authority of the The Citizens’ Health Care Working (AHRQ), and agree to be available, to Department of Health and Human Group is composed of 15 members: The conduct on an as needed basis, Services (50 FR 25129–25130, dated Secretary of DHHS is designated as a scientific reviews of applications for June 17, 1985, as amended most member by statute and the Comptroller AHRQ support. Individual members of recently at 70 FR 59350, dated October General of the U.S. Government the Panel do not attend regularly- 12, 2005) is amended to reflect the Accountability Office (GAO) was scheduled meetings and do not serve for reorganization of the Agency for Toxic directed to name the remaining 14 fixed terms or a long period of time. Substances and Disease Registry members whose appointments were Rather, they are asked to participate in (ATSDR). announced on February 28, 2005. particular review meetings which Section T–B, Organization and require their type of expertise. Functions, is hereby amended as Working Group Meeting Agenda Substantial segments of the upcoming follows: The Working Group meeting on SEP meeting listed below will be closed Delete in its entirety the title and December 14th and 15th will be devoted to the public in accordance with the functional statements for the Program to ongoing Working Group business. Federal Advisory Committee Act, Services Activity (TV612), Division of Topics to be addressed are expected to section 10(d) of 5 U.S.C., Appendix 2 Health Assessment and Consultation include: logistics of community and 5 U.S.C. 552b(c)(6). Grant (TB6). meetings, the questions and discussion applications for ‘‘Small Research Grants Delete in its entirety the functional guide for community meetings and the for Primary Care Practice-Based statement for the Community Working Group’s Web site, involvement Research Networks’’ (PBRN) RFA, are to Involvement Branch (TB67), and insert of national organizations in outreach, be reviewed and discussed at this the following: background and possible frameworks for meeting. These discussions are likely to Health Promotion and Community future recommendations, and future reveal personal information concerning Involvement Branch (TB67). (1) Plans, plans and budgets. individuals associated with the directs, coordinates and implements the applications. This information is division’s health promotion and Submission of Written Information exempt from mandatory disclosure community involvement program; The Working Group invites written under the above-cited statutes. communicates ATSDR’s roles and submissions on those topics to be SEP Meeting on: ‘‘Small Research responsibilities to communities and addressed at the Working Group Grants for Primary Care Practice-Based tribes; and, provides technical advice, business meeting listed above. In Research Networks’’ (PBRN) RFA. guidance and support on site-specific general, individuals or organizations Date: January 26–27, 2005 (Open on community involvement and wishing to provide written information January 26 from 8:00 a.m. to 8:15 a.m. participation to the division, and to
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other agency entities upon request; (2) the health issues presented by strategies, services, and tools to deliver participates in the design, emergency or acute release events and key messages, education, and training to implementation, and impact evaluation threatened releases of hazardous state public health partners, other of health promotion interventions at materials; (7) coordinates agency public health partners, health sites at the individual and community toxicology and environmental medicine professionals, and community groups to level to mitigate health effects from activities with the Environmental improve environmental health outcomes potential and actual exposures; provides Protection Agency, National Toxicology at the local, state, and national levels; leadership in using the best available Program, and other appropriate federal, (3) coordinates and facilitates practice science for health promotion products state, local, or public programs. development in environmental and activities in communities; Applied Toxicology Branch (TB94). medicine across ATSDR divisions and advocates for public health promotion (1) Provides scientific expertise for the offices; (4) develops educational in support of community concerns and development of toxicological materials in support of health education needs; (3) plans, designs and information and disseminates and environmental medicine; (5) implements strategies for engaging (site educational information in multiple provides leadership in development, entry) in site-specific community and formats; (2) develops and disseminates implementation, and evaluation of tribal public health activities and, upon toxicological profiles; (3) develops, internal and external professional health completion of activities strategies for implements, and coordinates a program education and environmental medicine disengagement; (4) provides leadership of research designed to identify priority activities; and (6) provides expertise and in developing, managing, and data needs and determine the health service to site-specific activities across implementing the health education effects of those data needs for various ATSDR. component of the ATSDR’s state-based hazardous substances; (4) works as an Dated: November 28, 2005. integral partner with other division cooperative agreement program with William H. Gimson, external partners; ensures that the branches to ensure that toxicological activities incorporate environmental Chief Operating Officer, Centers for Disease technical and administrative Control and Prevention (CDC). requirements of the health education medicine and emergency preparedness [FR Doc. 05–23688 Filed 12–6–05; 8:45 am] component of the program are met; (5) perspectives into their basic message; provides leadership in establishing (5) coordinates toxicological BILLING CODE 4160–70–M linkages between communities and information and research activities with technical and science staff; where the Environmental Protection Agency, DEPARTMENT OF HEALTH AND appropriate, maintains and coordinates the National Toxicology Program, the HUMAN SERVICES community contact; maintains database Interagency Testing Committee, other of site-specific community concerns and appropriate federal, state, and local Agency for Toxic Substances and needs and actions taken to respond; programs, and other public and private Disease Registry and, advocates for the public health concerns, as appropriate. needs of the community and serves to Prevention, Response and Medical [ATSDR–217] Support Branch (TB95). (1) Provides mediate and assist in resolving areas of Notice of the Revised Priority List of dispute or conflict; (6) in activities that technical expertise and site specific support in addressing the health issues Hazardous Substances That Will Be involve communities, tribes, tribal the Subject of Toxicological Profiles governments and tribal organizations, presented by emergency or acute release collaborates with ATSDR programs to events and threatened releases of AGENCY: Agency for Toxic Substances ensure cultural awareness and respect hazardous materials; (2) conducts and Disease Registry (ATSDR), U.S. are observed and practiced. special priority setting and evaluation Department of Health and Human Delete in its entirety the titles and activities; (3) provides technical Services (HHS). functional statements for the Division of expertise to conduct special evaluation ACTION: Notice. Health Education and Promotion (TB7) activities necessary for support of Delete in its entirety the titles and division programs; (4) provides SUMMARY: The Comprehensive functional statements for the Division of infrastructure to support planning and Environmental Response, Toxicology (TB9) and inserting the evaluation activities for the toxicology Compensation, and Liability Act following: programs of the division; (5) works (CERCLA or Superfund), as amended by Division of Toxicology and within the National Response Program the Superfund Amendments and Environmental Medicine (TB9). (1) and CDC guidelines to collaborate with Reauthorization Act (SARA), requires Develops and applies innovative other federal, state, and local agencies that ATSDR and the Environmental research methods to expand knowledge during emergency response situations; Protection Agency (EPA) revise the of the relationship between exposure to (6) develops information resources and Priority List of Hazardous Substances. hazardous substances and adverse guidance for first responders and health This list includes substances most human health effects; (2) coordinates all care providers for use in responding to commonly found at facilities on the activities associated with toxicological unplanned release and spills; (7) works CERCLA National Priorities List (NPL) profiles including associated research; as an integral partner with other which have been determined to be of (3) develops and applies science-based division branches to ensure that greatest concern to public health at or health educational tools, methods and environmental medicine activities around these NPL hazardous waste strategies to deliver messages, incorporate toxicological and emergency sites. This announcement provides education, and training; (4) develops preparedness perspectives into their notice that the agencies have developed educational materials in support of basic message. and are making available a revised environmental medicine; (5) provides Environmental Medicine and CERCLA Priority List of 275 Hazardous expertise and service to site-specific Educational Services Branch (TB96). (1) Substances, based on the most recent activities across ATSDR including Establishes program goals and objectives information available. Each substance chemical-specific consultations as for health education and environmental on the priority list is a candidate to needed; (6) provides technical expertise medicine practices; (2) develops and become the subject of a toxicological and site specific support in addressing applies science-based health education profile prepared by ATSDR and
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subsequently a candidate for the successive years following the 1988 the listing activity has been collected identification of priority data needs. revision (see 54 FR 43619, October 26, from ATSDR public health assessments In addition to the Priority List of 1989; 55 FR 42067, October 17, 1990; 56 and from site file data packages that are Hazardous Substances, ATSDR has FR 52166, October 17, 1991). CERCLA used to develop these public health developed a Completed Exposure also requires that ATSDR and EPA shall, assessments. The new information may Pathway Site Count Report. This report at least annually thereafter, revise the include more recent NPL frequency of lists the number of sites or events with list to include additional hazardous occurrence data, additional ATSDR activities where a substance has substances that have been determined to concentration data, and more been found in a completed exposure pose the most significant potential information on exposure to substances pathway (CEP). This report is included threat to human health. In 1995, the at NPL sites. With these additional data, in the Support Document of the Priority agencies altered the publication 10 substances have been replaced on the List. schedule of the priority list by moving list of 275 substances since the 2003 ADDRESSES: Requests for a printed copy to a 2-year publication schedule, publication. Of the 10 replacement of the report, the 2005 CERCLA Priority reflecting the stability of this listing substances, 2 are new candidate List of Hazardous Substances That Will activity (60 FR 16478, March 30, 1995). substances, and 8 are substances that Be The Subject of Toxicological Profiles As a result, the priority list is now on were previously under consideration. and Support Document, including the a 2-year publication schedule with a These replacement substances and CEP report, should bear the docket yearly informal review and revision. changes in the order of substances control number ATSDR–217, and Each substance on the CERCLA Priority appearing on the CERCLA Priority List should be submitted to: Ms. Olga List of Hazardous Substances is a of Hazardous Substances will be Dawkins, Division of Toxicology and candidate to become the subject of a reflected in the program activities that Environmental Medicine, Mail Stop F– toxicological profile prepared by rely on the list for future direction. 32, 1600 Clifton Road, NE., Atlanta, GA ATSDR and subsequently a candidate The 2005 Priority List of Hazardous 30333. Requests must be in writing. for the identification of priority data Substances includes 275 substances that Electronic Availability: The 2005 needs. have been determined to be of greatest Priority List of Hazardous Substances The initial priority lists of hazardous concern to public health based on the and Support Document will be posted substances (1987–1990) were based on criteria of CERCLA section 104(i)(2) [42 on ATSDR’s Web site located at the most comprehensive and relevant U.S.C. 9604(i)(2)]. A total of 861 http://www.atsdr.cdc.gov/clist.html. The information available when the lists candidate substances have been CEP Report will also be posted at http:// were developed. More comprehensive analyzed and ranked with the current www.atsdr.cdc.gov/cep.html. sources of information on the frequency algorithm. Of these candidates, the 275 This is an informational notice only, of occurrence and the potential for substances on the priority list may and comments are not being solicited at human exposure to substances at NPL become the subject of toxicological this time. However, any comments sites became available for use in the profiles in the future. The top 25 received will be considered for 1991 priority list with the development substances on the 2005 Priority List of inclusion in the next revision of the list of ATSDR’s HazDat database. Utilizing Hazardous Substances are listed below. and placed in a publicly accessible this database, a revised approach and docket; therefore, please do not submit algorithm for ranking substances was Rank Substance name confidential business or other developed in 1991, and a notice confidential information. announcing the intention of ATSDR and 1 ...... Arsenic EPA to revise and rerank the Priority 2 ...... Lead FOR FURTHER INFORMATION CONTACT: List of Hazardous Substances was 3 ...... Mercury ATSDR, Division of Toxicology and published on June 27, 1991 (56 FR 4 ...... Vinyl Chloride Environmental Medicine, 1600 Clifton 29485). The subsequent 1991 Priority 5 ...... Polychlorinated Biphenyls Road, NE., Mail Stop F–32, Atlanta, GA List and revised approach used for its 6 ...... Benzene 30333, telephone 888–422–8737. 7 ...... Polycyclic Aromatic Hydrocarbons compilation was summarized in the 8 ...... Cadmium SUPPLEMENTARY INFORMATION: CERCLA ‘‘Revised Priority List of Hazardous establishes certain requirements for 9 ...... Benzo (A) Pyrene Substances’’ Federal Register notice 10 ...... Benzo (B) Fluoranthene ATSDR and EPA with regard to published October 17, 1991 (56 FR 11 ...... Chloroform hazardous substances that are most 52166). The same approach and the 12 ...... Ddt, P,P’- commonly found at facilities on the same basic algorithm have been used in 13 ...... Aroclor 1254 CERCLA NPL. Section 104(i)(2) of all subsequent activities, including the 14 ...... Aroclor 1260 CERCLA, as amended [42 U.S.C. 2005 listing activity. The algorithm used 15 ...... Dibenzon (A,H) Anthracene 9604(i)(2)], required that the two in ranking hazardous substances on the 16 ...... Trichloroethylene agencies prepare a list, in order of priority list consists of three criteria, 17 ...... Dieldrin 18 ...... Chromium, Hexavalent priority, of at least 100 hazardous which are combined to result in the substances that are most commonly 19 ...... Phosphorus, White total score. The three criteria are: 20 ...... Dde, P,P’- found at facilities on the NPL and Frequency of occurrence at NPL sites; 21 ...... Chlordane which, in their sole discretion, have toxicity; and potential for human 22 ...... Hexachlorobutadiene been determined to pose the most exposure. 23 ...... Coal Tar Creosote significant potential threat to human Since HazDat is a dynamic database 24 ...... Ddd, P’,P’- health (see 52 FR 12866, April 17, with ongoing data collection, additional 25 ...... Aldrin 1987). CERCLA also required the information from the HazDat database agencies to revise the priority list to became available for the 2005 listing ATSDR intends to publish the next include 100 or more additional activity. This additional information has revised list of hazardous substances in hazardous substances (see 53 FR 41280, been entered into HazDat since the two years, with an informal review and October 20, 1988), and to include at development of the 2003 Priority List of revision performed in one year. These least 25 additional hazardous Hazardous Substances. The site-specific revisions will reflect changes and substances in each of the three information from HazDat that is used in improvements in data collection and
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availability. Additional information on Number of Section C–B, Organization and the existing methodology used in the sites with Functions, is hereby amended as development of the CERCLA Priority substance in follows: List of Hazardous Substances can be Substance name a CEP Delete in its entirety the titles and found in the Support Document to the All NPL functional statements for the Facilities List and in the Federal Register notices sites sites Planning and Management Office mentioned above. (CAJ3) and insert the following: In addition to the revised priority list, Trichloroethylene ...... 363 286 Buildings and Facilities Office (CAJC). ATSDR is also releasing a Completed Arsenic ...... 341 208 (1) Operates, maintains, repairs, and Exposure Pathway Site Count Report. A Tetrachloroethylene ...... 280 207 modifies CDC’s Atlanta area plant Benzene ...... 210 137 facilities, and conducts a maintenance completed exposure pathway (CEP) is Cadmium ...... 207 136 an exposure pathway that links a Volatile Organic Compounds, and repair program for CDC’s program contaminant source to a receptor Unspecified ...... 193 132 support equipment; (2) carries out population. The CEP ranking is very Chromium ...... 193 129 facilities planning functions for CDC, similar to a sub-component of the Polychlorinated Biphenyls .... 177 116 including new or expanded facilities, potential-for-human-exposure Mercury ...... 167 93 and a major repair and improvement component of the listing algorithm. The Manganese ...... 164 95 program; (3) develops services for new, Zinc ...... 158 95 CEP ranking is based on a site frequency improved, and modified equipment to Copper ...... 143 83 meet program needs, i.e., building count, and thus lists the number of sites 1,1,1-Trichloroethane ...... 135 110 at which a substance has been found in Chloroform ...... 124 92 related and installed equipment such as a CEP. ATSDR’s HazDat database Benzo(A)Pyrene ...... 122 58 HVAC, bio safety cabinets, chemical contains this information which is 1,1-Dichloroethene ...... 117 96 fume hoods, walk-in freezers, etc; and derived from ATSDR public health Polycyclic Aromatic Hydro- (4) conducts CDC’s real property and assessments and health consultations. carbons ...... 117 79 space management activities, including Because exposure to hazardous Nickel ...... 112 70 the acquisition of leased space, the Methylene Chloride ...... 111 73 substances is of significant concern, purchase and disposal of real property, Toluene ...... 111 68 and provides technical assistance in ATSDR is publishing this CEP report Antimony ...... 108 69 along with the CERCLA Priority List of Vinyl Chloride ...... 103 84 space planning to meet programmatic Hazardous Substances. Since this CEP Barium ...... 102 56 needs. report focuses on documented exposure, 1,2-Dichloroethane ...... 96 77 Office of the Director (CAJC1). (1) it provides an important prioritization Plans, directs, and coordinates the Note: Sorted by the All Sites column. functions and activities of the Buildings based on substances to which people are All Sites = all sites with ATSDR activities exposed. that have a CEP; NPL. and Facilities Office (BFO); (2) provides The substances on the CEP report are Sites = current and former sites on the Na- management and administrative similar to the substances on the tional Priorities List, as mandated. direction for budget planning and execution, property management, and CERCLA Priority List of Hazardous Dated: November 29, 2005. Substances. However, there are some personnel management within BFO; (3) Ken Rose, substances that are on the CEP report provides leadership and strategic because they are frequently found in Acting Director, Office of Policy, Planning support to senior managers in the and Evaluation, National Center for determination of CDC’s long-term completed exposure pathways, but are Environmental Health/Agency for Toxic not on the CERCLA Priority List because facilities needs; (4) coordinates the Substances and Disease Registry. operations of BFO staff involved in the they have a very low toxicity (e.g., [FR Doc. E5–6971 Filed 12–6–05; 8:45 am] sodium). Since the CERCLA Priority List planning, evaluation, design, BILLING CODE 4163–70–P incorporates three different components construction, and management of (toxicity, frequency of occurrence, and facilities and acquisition of property; (5) provides centralized value engineering potential for human exposure) to DEPARTMENT OF HEALTH AND determine its priority substances, (VE) services, policy development and HUMAN SERVICES coordination, and global acquisition substances with very low toxicity are planning for BFO; (6) develops and not on the CERCLA Priority List and Centers for Disease Control and maintains the Integrated Facilities consequently are not the subject of Prevention Management System to process data for toxicological profiles. In addition, since management and control systems, and the Priority List is mandated by Statement of Organization, Functions, develop reports and analyses; and (7) CERCLA, it only uses data from sites on and Delegations of Authority assists and advises senior CDC officials the CERCLA National Priorities List, Part C (Centers for Disease Control in the development, coordination, whereas the CEP report uses data from and Prevention) of the Statement of direction, and assessment of facilities all sites with ATSDR activities that have Organization, Functions, and and real property activities throughout a CEP. Of the 100 substances on the CEP Delegations of Authority of the CDC’s facilities and operations, and report, the 25 substances found at the Department of Health and Human assures consideration of facilities most number of sites in a CEP are Services (45 FR 67772–76, dated management implications in program presented below. October 14, 1980, and corrected at 45 FR decisions. 69296, October 20, 1980, as amended Number of Capital Improvements Management sites with most recently at 70 FR 70617–18, dated Office (CAJCB). (1) Provides substance in November 22, 2005) is amended to professional architectural/engineering Substance name a CEP reflect the reorganization of the capabilities, and technical and Facilities Planning and Management All NPL administrative project support to CDC sites sites Office, within the Office of the Chief and the national centers (NC) for Operating Officer, Centers for Disease renovations and improvements to CDC- Lead ...... 431 267 Control and Prevention. owned facilities and construction of
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new facilities; (2) develops project moving services for CDC in the Atlanta including direct lease actions; and (9) management requirements (including area; (9) provides an Integrated Pest coordinates the relocation of CDC determination of methods, means of Management Program to control insect personnel within owned and leased project completion, and selection of and rodents for CDC in Atlanta area space. resources); (3) provides critical path facilities; (10) develops required Dated: November 28, 2005. method scheduling support for all large contractual services and provides William H. Gimson, capital construction projects and all supervision for work performed in these repair and improvements (R&I) projects; Chief Operating Officer, Centers for Disease areas; (11) establishes and maintains a Control and Prevention (CDC). and (4) provides central cost estimating computerized system for maintenance [FR Doc. 05–23689 Filed 12–6–05; 8:45 am] support for all large capital construction services, for stocking and ordering projects, all R&I projects, special supplies, and replacement parts; (12) BILLING CODE 4160–18–M projects, feasibility studies, as provides for pick-up and delivery of requested, and certain work orders, as supplies and replacement parts; to work DEPARTMENT OF HEALTH AND requested. sites; (13) maintains adequate stock HUMAN SERVICES Design Engineering Management levels of supplies and replacement Office (CAJCC). (1) Prepares parts; (14) as needed, prepares designs Food and Drug Administration architectural and engineering designs, and contract specifications, and and specifications for construction of coordinates completion of contract [Docket No. 2004N–0535] modifications and renovations to CDC- maintenance projects; (15) manages owned facilities; (2) provides Agency Information Collection CDC’s Energy Conservation Program for Activities; Announcement of Office of architectural and engineering technical all CDC facilities; (16) reviews all expertise and is the technical authority Management and Budget Approval; construction documents for energy MedWatch: Food and Drug on new facilities, and modifications and conservation goals and compliance with renovations on facility project designs; Administration Medical Products applicable CDC construction standards; Reporting Program (3) provides furniture, fixture, and (17) participates on all core teams and equipment designs, and project VE teams; (18) provides maintenance AGENCY: Food and Drug Administration, management services for all CDC and inspection for fire extinguishers and HHS. facilities; (4) provides record and fire sprinkler systems; (19) provides ACTION: Notice. guideline document support services to services for the procurement of natural all BFO offices; and (5) maintains CDC gas; (20) develops and maintains a SUMMARY: The Food and Drug Design Standards and Guidelines for use standard equipment list for all CDC Administration (FDA) is announcing as basis of design for construction of facilities; (21) assists the Design that a collection of information entitled new facilities, and modifications and Engineering Management Office and the ‘‘MedWatch: Food and Drug renovations in CDC-owned facilities. Capital Improvements Management Administration Medical Products Facilities Maintenance & Engineering Office with facility-related issues; (22) Reporting Program’’ has been approved Office (CAJCD). (1) Operates, maintains, provides building coordinators to by the Office of Management and repairs, and modifies CDC’s Atlanta area interface with program personnel and Budget (OMB) under the Paperwork plant facilities and other designated all work to keep the building and Reduction Act of 1995. CDC facilities throughout the United equipment functioning; and (23) States (US) and Puerto Rico (PR), and FOR FURTHER INFORMATION CONTACT: responsible for new building conducts a maintenance and repair Karen Nelson, Office of Management commissioning. program for CDC’s program support Programs (HFA–250), Food and Drug equipment; (2) develops services for Real Property Management Office Administration, 5600 Fishers Lane, new, improved, and modified (CAJCE). (1) Conducts the real estate Rockville, MD 20857, 301–827–1482. equipment to meet program needs; (3) activities throughout CDC, including the SUPPLEMENTARY INFORMATION: In the provides technical assistance, reviews acquisition of leased space, the Federal Register of December 27, 2004 maintenance and operation programs, purchase and disposal of real property (69 FR 77256), the agency announced and recommends appropriate action for for CDC nationwide (with emphasis on that the proposed information collection all Atlanta area facilities and other current and long-range planning for had been submitted to OMB for review designated CDC facilities throughout the utilization of existing and future real and clearance under 44 U.S.C. 3507. An US and PR; (4) provides property resources); (2) responsible for agency may not conduct or sponsor, and recommendations, priorities, and space assignment and utilization of all a person is not required to respond to, services for new, improved, or modified CDC space, both owned and leased, a collection of information unless it equipment to meet program needs; (5) nationwide; (3) provides technical displays a currently valid OMB control provides maintenance and operation of assistance in space planning to meet number. OMB has now approved the the central energy plant including programmatic needs; (4) responsible for information collection and has assigned structures, utilities production and executing all easements for owned OMB control number 0910–0291. distribution systems, and equipment; (6) property; (5) administers day-to-day As requested by the agency, in conducts a program of custodial management of leased facilities and addition to the approval of the revised services, waste disposal, incinerations, ensures contract compliance by lessors; forms, the existing forms are approved disposal of biological waste, and other (6) provides technical assistance and for continued use for the next 12 building services at all CDC Atlanta area prepares contract specifications for all months to allow for the industry to facilities and other designated CDC repair and improvement projects in make necessary changes to their facilities throughout the US and PR; (7) leased space; (7) maintains liaison with computerized systems. provides landscape development, the General Services Administration The approval expires on October 31, repair, and maintenance at all CDC Regional Offices; (8) performs all 2008. A copy of the supporting Atlanta area facilities and other functions relating to leasing and/or statement for this information collection designated CDC facilities throughout the acquisition of real property under CDC is available on the Internet at http:// US and PR; (8) provides hauling and delegation of authority for leasing, www.fda.gov/ohrms/dockets.
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Dated: November 30, 2005. DEPARTMENT OF HEALTH AND 8 a.m. The cost of registration at the site Jeffrey Shuren, HUMAN SERVICES is $175 payable to the FMDIC. The Assistant Commissioner for Policy. registration fee will be used to offset Food and Drug Administration [FR Doc. 05–23676 Filed 12–6–05; 8:45 am] expenses of hosting the conference, including meals, refreshments, meeting BILLING CODE 4160–01–S Risk Management, Corrective and rooms, and materials. Preventive Actions, and Training: An Educational Forum; Public Workshop If you need special accommodations DEPARTMENT OF HEALTH AND due to a disability, please contact David HUMAN SERVICES AGENCY: Food and Drug Administration, Arvelo or Cassandra Davis at least 7 HHS. days in advance. Food and Drug Administration ACTION: Notice of public workshop. SUPPLEMENTARY INFORMATION: The Industry Exchange Workshop on Food SUMMARY: The Food and Drug workshop is being held in response to and Drug Administration Clinical Trial Administration (FDA), Office of the interest in the topics discussed from Requirements; Public Workshop; Regulatory Affairs, Southwest Region, small medical device manufacturers in Amendment of Notice Dallas District Office, in collaboration the Dallas District area. FMDIC and FDA with the FDA Medical Device Industry present this workshop to help achieve AGENCY: Food and Drug Administration, Coalition (FMDIC) is announcing a objectives set forth in section 406 of the HHS. public workshop entitled ‘‘Risk Food and Drug Administration Management, Corrective and Preventive Modernization Act of 1997 (21 U.S.C. ACTION: Notice. Actions, and Training: An Educational 393), which include working closely Forum.’’ This public workshop is with stakeholders and maximizing the SUMMARY: The Food and Drug intended to provide information about availability and clarity of information to Administration (FDA) is announcing an FDA’s medical device quality systems stakeholders and the public. This is also amendment to the notice of public regulation (QSR) to regulated industry, consistent with the purposes of FDA’s workshop on FDA clinical trial statutory particularly small businesses. Regional Small Business Program, and regulatory requirements. This Date and Time: The public workshop which are, in part, to respond to workshop was announced in the will be held on April 28, 2006, from 8 industry inquiries, develop educational Federal Register of September 21, 2005 a.m. to 5 p.m. materials, and sponsor workshops and (70 FR 55405). The amendment is made Location: The public workshop will conferences to provide firms, to reflect a change in the Location be held at The Westin City Center, 650 particularly small businesses, with North Pearl St., Dallas, TX 75201. portion of the document. There are no firsthand working knowledge of FDA’s Directions to the facility are available at other changes. requirements and compliance policies. the FMDIC Web site at http:// This workshop is also consistent with FOR FURTHER INFORMATION CONTACT: www.fmdic.org/. David Arvelo, Food and Drug Contact Person: David Arvelo or the Small Business Regulatory Administration, 4040 North Central Cassandra Davis, Food and Drug Enforcement Fairness Act of 1996 Expressway, suite 900, Dallas TX 75204, Administration, 4040 North Central (Public Law 104–121), as an outreach 214–253–4952, FAX: 214–253–4970, e- Expressway, suite 900, Dallas, TX activity by Government agencies to mail: [email protected]. 75204, 214–253–4952 or 214–253–4951, small businesses. FAX: 214–253–4970, e-mail The goal of the workshop is to present SUPPLEMENTARY INFORMATION: In the [email protected]. Federal Register of September 21, 2005 information that will enable Registration: FMDIC has a $150 early (70 FR 55405), FDA announced that a manufacturers and regulated industry to registration fee. Early registration begins public workshop entitled ‘‘Industry better comply with the medical device on February 1, 2006, and ends April 14, QSR. The following topics will be Exchange Workshop on Food and Drug 2006. Registration is $175 from April 15, discussed at the workshop: (1) Overview Administration Clinical Trial 2006, to April 28, 2006. To register of the International Organization for Requirements’’ would be held on online, please visit http:// Standardization (ISO) standard EN Wednesday, February 8, 2006. On page www.fmdic.org/. As an alternative, you 14971, and residual risk, (2) 55405, in the first column, the Location may send registration information incorporating risk management portion of the document is amended to including name, title, firm name, throughout the product lifecycle, (3) read as follows: address, telephone and fax numbers, overview of a closed-loop corrective and Location: The public workshop will and e-mail, along with a check or money preventive action (CAPA) system, (4) be held at the Renaissance Houston order for the appropriate amount CAPA effectiveness, (5) overview of a Hotel Greenway Plaza, 6 Greenway payable to the FMDIC, to Dr. William training program, and (6) training Hyman, Texas A&M University, Plaza East, Houston, TX 77046, 713– program effectiveness. 629–1200, FAX: 713–629–4702. Department of Biomedical Engineering, 3120 TAMU, College Station, TX Transcripts: Transcripts of the public Dated: November 30, 2005. 75843–3120. Course space will be filled workshop will not be available due to Jeffrey Shuren, in order of receipt of registration with the format of this workshop. Course Assistant Commissioner for Policy. appropriate fees. Seats are limited; handouts may be requested in writing [FR Doc. 05–23675 Filed 12–6–05; 8:45 am] please submit registration form as soon from the Freedom of Information Office (HFI–35), Food and Drug BILLING CODE 4160–01–S as possible. Those accepted into the course will receive confirmation. Administration, 5600 Fishers Lane, rm. Registration will close after the course is 12A–16, Rockville, MD 20857, filled. Registration at the site will be approximately 15 working days after the done on a space-available basis on the public workshop at a cost of 10 cents day of the public workshop beginning at per page.
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Dated: November 30, 2005. computed. The corrected document is (The Catalog of Federal Domestic Assistance Jeffrey Shuren, republished below in its entirety. (CFDA) Number is 97.085.) Assistant Commissioner for Policy. AGENCY: United States Fire Dated: November 28, 2005. [FR Doc. 05–23677 Filed 12–6–05; 8:45 am] Administration (USFA), Federal R. David Paulison, BILLING CODE 4160–01–S Emergency Management Agency, Acting Director, Federal Emergency Department of Homeland Security. Management Agency, Department of ACTION: Notice. Homeland Security. DEPARTMENT OF HEALTH AND [FR Doc. E5–6749 Filed 12–1–05; 8:45 am] HUMAN SERVICES SUMMARY: The 9/11 Heroes Stamp Act of 2001 directed the United States Postal Editorial Note: FR Doc. E5–6749 which Service to issue a semipostal stamp and was originally published at page 72305 in the Health Resources and Services issue of Friday, December 2, 2005 is being Administration distribute the proceeds through the republished in its entirety in the issue of Federal Emergency Management Agency Wednesday, December 7, 2005 because of Advisory Commission on Childhood to the families of emergency relief editing errors. Vaccines; Notice of Meeting personnel killed or permanently disabled while serving in the line of [FR Doc. R5–6749 Filed 12–6–05; 8:45 am] AGENCY: Health Resources and Services duty in connection with the terrorist BILLING CODE 1505–01–D Administration, HHS. attacks against the United States on ACTION: Notice; amendment. September 11, 2001. This notice announces the application period for DEPARTMENT OF THE INTERIOR SUMMARY: The Health Resources and the Assistance Program Under the 9/11 Services Administration published a Heroes Stamp Act of 2001. Bureau of Land Management notice in the Federal Register of November 22, 2005 (70 FR 70623) DATES: The application period for the [CA–660–1430–ER–CACA–17905] announcing an Advisory Commission Assistance Program Under the 9/11 Heroes Stamp Act of 2001 starts on Notice of Intent To Prepare an on Childhood Vaccines meeting on Environmental Impact Statement (EIS)/ December 12, 2005. The document December 2, 2005 and closes on April 3, 2006. Environmental Impact Report (EIR) for announced that the public can join the the Proposed Devers-Palo Verde No. 2 FOR FURTHER INFORMATION CONTACT: Tom meeting by attending in person or by Transmission Line Project audio conference call. The meeting will Olshanski, Heroes Stamp, USFA, now be held by audio conference call National Emergency Training Center AGENCY: Bureau of Land Management, only. This document amends the notice (NETC), 16825 South Seton Avenue, Interior. Emmitsburg, MD 21727, or call 1–866– by changing the place of the meeting. ACTION: Notice of intent. 887–9107, or send e-mail to FEMA- FOR FURTHER INFORMATION CONTACT: Ms. Cheryl Lee at 301–443–2124 or e-mail: [email protected]. SUMMARY: In accordance with the [email protected]. SUPPLEMENTARY INFORMATION: The 9/11 National Environmental Policy Act of Heroes Stamp Act of 2001, Public Law 1969, as amended, (Pub. L. 91–190, 42 Correction 107–67, sec. 652, 115 Stat. 514 (Nov. 12, U.S.C. 432l et seq.), notice is hereby In the Federal Register of November 2001) (Heroes Stamp Act), directed the given that the Bureau of Land 22, 2005, in FR Doc. 05–23042, on page United States Postal Service to issue a Management (BLM), together with the 70623, 3rd paragraph, change to read: semipostal stamp and distribute the California Public Utilities Commission The meeting will be an Audio proceeds through the Federal (CPUC), intend to prepare a joint Conference Call, and to join the Emergency Management Agency Environmental Impact Statement/ meeting, you may call 1–800–369–6048, (FEMA) to the families of emergency Environmental Impact Report (EIS/EIR) and provide the password: ACCV. relief personnel killed or permanently for the Devers-Palo Verde 500 kV No. 2 Transmission Line Project (DPV2), Dated: December 1, 2005. disabled while serving in the line of proposed by the Southern California Tina M. Cheatham, duty in connection with the terrorist attacks against the United States on Edison Company (SCE). The BLM is the Director, Division of Policy Review and lead Federal agency for the preparation Coordination. September 11, 2001. FEMA issued an interim final rule as the mechanism by of this EIS in compliance with the [FR Doc. E5–6972 Filed 12–6–05; 8:45 am] which it will distribute the Heroes requirements of the National BILLING CODE 4165–15–P Stamp Act funds. See 70 FR 43214, July Environmental Policy Act (NEPA). The 26, 2005. CPUC is the lead State of California The application period for the agency for the preparation of this EIR in DEPARTMENT OF HOMELAND Assistance Program Under the 9/11 compliance with the requirements of the SECURITY Heroes Stamp Act of 2001 starts on California Environmental Quality Act December 2, 2005 and closes on April (CEQA). Federal Emergency Management 3, 2006. A copy of the application may This notice initiates the public Agency be downloaded from http:// participation and scoping processes for the EIS/EIR and also serves as an RIN 1660–ZA10 www.usfa.fema.gov or you may obtain a copy by writing to Heroes Stamp, USFA, invitation for other cooperating agencies Application Period for the Assistance NETC, 16825 South Seton Avenue, to provide comments on the scope and Program Under the 9/11 Heroes Stamp Emmitsburg, MD 21727. content of the EIS/EIR. Potential Act of 2001 If you have questions, please call the cooperating agencies include the U.S. toll free Helpline at 1–866–887–9107 or Fish and Wildlife Service, the Editorial Note: FR Doc. E5–6749 was e-mail your questions to fema- Department of Defense, the State originally published at page 72305 in the [email protected]. For further Historic Preservation Office, and the issue of Friday, December 2, 2005. In that information, please see http:// California Department of Fish and publication two dates were incorrectly www.usfa.fema.gov. Game.
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DATES: Scoping meetings will be held Box 581260, North Palm Springs, SUMMARY: The Bureau of Land during fall 2005. Comments on issues California 92258–1260, (760) 251–4850. Management (BLM) has determined that and planning criteria may be submitted SUPPLEMENTARY INFORMATION: Southern approximately 0.055 acres of public in writing to the address listed below. California Edison (SCE) is proposing to land in Fremont County, Colorado, is All public meetings will be announced construct a new 230-mile long, 500- suitable for lease pursuant to Section at least 15 days prior to the event kilovolt (kV) electrical transmission line 302 of the Federal Land Policy and through the local news media, between SCE’s Devers Substation Management Act of 1976 (43 U.S.C. newspapers, and these two agency Web located near Palm Springs, California, 1732). sites: http://www.ca.blm.gov/ and the Harquahala Generating Station DATES: Interested parties may submit palmsprings and http:// switchyard, located near the Palo Verde comments for a period of January 23, www.cpuc.ca.gov/environment/info/ Nuclear Generating Station (PVNGS) 2006. aspen/dpv2/ dpv2.htm. In addition to west of Phoenix, Arizona. For the most ADDRESSES: Comments should be sent to the ongoing public participation part, this portion of the project would process, formal opportunities for public the Field Manager, Royal George Field parallel SCE’s existing Devers-Palo Office, Bureau of Land Management, participation will be provided upon Verde No. 1 500kV transmission line. In publication of the Draft EIS/EIR. Written 3170 East Main Street, Can˜ on City, addition, SCE is proposing to upgrade Colorado 81212. comments must be postmarked no later 48.2 miles of existing 230 kV than 30 days from the date of this notice FOR FURTHER INFORMATION CONTACT: transmission lines between the Devers Lindell Greer, Realty Specialist, BLM in order to be included in the Draft EIS/ Substation west to the San Bernardino EIR. When available, the public will be Royal Gorge Field Office, (719) 269– and Vista Substations, located in the provided a 60-day public review period 8532. San Bernardino, California, vicinity. on the Draft EIS/EIR. These documents Together, the proposed 500 kV line and SUPPLEMENTARY INFORMATION: will be made available at document the 230 kV transmission facility The BLM has examined a parcel of repository sites listed on the previously upgrades are known as DPV2. public land, containing approximately identified agency Web sites. Contact the Construction of DPV2 would add 1,200 0.055 acres and described as a metes BLM if you would like to be included and bounds parcel in the SW1⁄4SW1⁄4 of megawatts (MW) of transmission import in the mailing list to receive copies of section 33, T. 50 N., R. 11 E., New capacity from the southwestern United all public notices relevant to this Mexico Principal Meridian, Fremont States to California, which would project. County, Colorado, and determined that reduce energy costs throughout it is suitable for lease pursuant to ADDRESSES: Comments and other California and enhance the reliability of Section 302 of the Federal Land Policy correspondence should be sent to Field California’s energy supply through and Management Act of 1976 (43 U.S.C. Manager, Bureau of Land Management, increased transmission infrastructure. 1732), using noncompetitive lease 690 West Garnet Ave., P.O. Box 581260, The BLM has identified a preliminary procedures as provided in 43 CFR North Palm Springs, CA 92258–1260 or list of issues that will need to be by fax at (760) 251–4899. Documents 2920.5–4(b). The lands are presently addressed in this analysis, including the used for seasonal occupancy purposes. pertinent to this proposal, including impacts of the proposed project on comments with the names and The BLM proposes to grant the visual resources, agricultural lands, air current occupant Charles E. Afeman, a addresses of respondents, will be quality, plant and animal species non-assignable life-estate lease to available for public review at the BLM including special status species, cultural authorize the existing seasonal Palm Springs-South Coast Field Office resources, and watersheds. Other issues occupancy and use. The lease, if issued, located at 690 W. Garnet Avenue, North identified by the BLM are impacts to the would be for not less than fair market Palm Springs, California 92258, during public in the form of noise, traffic, value and be to all valid existing rights regular business hours of 7:45 a.m. to accidental release of hazardous and the provisions of the Federal Land 4:30 p.m., Monday through Friday, materials, and impacts to urban, Policy and Management Act and except holidays, and may be published residential, and recreational areas. applicabl regulations of the Secretary of as part of the Draft EIS/EIR. Individual Members of the public are invited to the Interior. Upon relinquishment or respondents may request identify additional issues and concerns cancellation of the lease, or death of the confidentiality. If you wish to withhold to be addressed. lessee, the lease would terminate, the your name or street address from public existing improvements would be review or from disclosure under the Gail Acheson, Field Manager. removed, and the land would be Freedom of Information Act, you must restored to its natural condition. Issuing [FR Doc. E5–6975 Filed 12–6–05; 8:45 am] state this prominently at the beginning a non-assignable, life-estate lease for of your written comment. Such requests BILLING CODE 4310–40–P this public land parcel is consistent will be honored to the extent allowed by with the Royal Gorge Resource law. BLM will not consider anonymous DEPARTMENT OF THE INTERIOR Management Plan (May 1996). comments. All submissions from Publication of this notice will initiate organizations and businesses, and from Bureau of Land Management public review, consultation, and individuals identifying themselves as collaboration for this proposed land use representatives or officials of authorization. Detailed information organizations or businesses, will be [CO501–1431–EQ; COC–68431] concerning the proposed action is available for public inspection in their available for review at the Royal Gorge entirety. Notice of Realty Action: Non- Competitive Lease of Public Land in Field Office, Bureau of Land FOR FURTHER INFORMATION CONTACT: For Fremond County, CO Management, 3170 East Main Street, further information and/or to have your Can˜ on City, Colorado 81212, or by name added to our mailing list, contact AGENCY: Bureau of Land Management, telephoning Lindell Greer, Realty Claude Kirby, Bureau of Land Interior. Specialist, at (719) 269–8532. Management, Palm Springs-South Coast Interested parties may submit ACTION: Notice of realty action. Field Office, 690 West Garnet Ave, P.O. comment to the Field Manager, Royal
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Gorge Field Office, at the above address the needs and interests of the public and SUPPLEMENTARY INFORMATION: A plan until January 23, 2006. Any adverse protection of the areas’ resource values. amendment is needed because the comments will be evaluated by the DATES: The publication of this notice existing 1992 Arcata RMP does not Royal Gorge Field Manager, who may initiates the public scoping process. provide specific management direction sustain, vacate, or modify this realty Public comments concerning the scope for the coastal properties identified in action. In the absence of any adverse of the draft RMP amendment should be this notice (since they were not comments, this action will become the submitted within 30 days of the date of managed by the BLM at the time of the final determination of the Department of publication of this notice in the Federal RMP approval). The lands contain a the Interior. Register. Comments are requested on number of resource issues/opportunities that call for a plan amendment to Roy L. Masinton, potential issues, alternatives, as well as any suggested planning criteria that facilitate management. Portions of the Royal Gorge Field Manager. acquired lands contain populations of BLM should use to guide the plan [FR Doc. 05–23731 Filed 12–6–05; 8:45 am] Federally listed threatened and amendment process. BILLING CODE 4310–JB–M endangered species including two Public Participation: Public input will plants; beach layia (Layia carnosa) and be accepted throughout the preparation Humboldt Bay wallflower (Erysimum DEPARTMENT OF THE INTERIOR period. Public open houses will be held menziesii ssp. eurekense); one in the Eureka, CA area during the endangered bird, the California brown Bureau of Land Management scoping period and again with the pelican (Pelecanus occidentalis [CA–330–04–1610–DN] release of the draft RMP amendment. californicus); and one threatened bird, Information concerning the planning the western snowy plover (Charadrius Notice of Intent To Prepare Arcata process, including open houses and alexandrinus nivosus). The plan Resource Management Plan other public participation opportunities, amendment will include measures to Amendment for Recently Acquired will be announced by BLM through protect habitat for these species. Humboldt County Coastal Lands news releases, direct mailings or other The South Spit makes up the majority applicable means of public notification. of the acquired lands and is the primary AGENCY: Bureau of Land Management, Current information about the planning reason behind the timeframe for the Interior. process is also maintained at the Arcata RMP amendment. Through a Deed of ACTION: Notice of intent. Field Office, 1695 Heindon Rd., Arcata, Conservation Easement, the State of CA 95521, telephone (707) 825–2300. California conveyed to the Bureau of SUMMARY: This document provides Land Management (BLM) management notice that the Bureau of Land ADDRESSES: Scoping comments should be sent to Arcata RMP Amendment, authority over the South Spit in all Management (BLM) Arcata Field Office aspects of its use in perpetuity. The intends to prepare a Resource Bureau of Land Management, Arcata Field Office, 1695 Heindon Road, deed conveying an easement to the BLM Management Plan (RMP) Amendment from the State of California stated that with an associated Environmental Arcata, California 95521; Fax (707) 825– 2301, or e-mail at the area will be administered consistent Assessment (EA) for recently acquired with management planning. This long- BLM coastal lands in Humboldt County [email protected]. The BLM will maintain a record of public documents term management plan will involve a in Northwest California. The lands community-based partnership approach addressed by this amendment have been related to the development of the RMP amendment at the Arcata Field Office at with all interested parties and the acquired through a combination of fee general public. This includes the Table title and conservation easements, using the address listed above. Comments, including names and street addresses of Bluff Reservation—Wiyot Tribe, private donations and state and Federal government agencies, environmental funds. respondents, will be available for public review at the Arcata Field Office during and conservation organizations, and Approximately 1100 acres have been recreation groups. The BLM completed acquired by the BLM along the regular business hours, 7:45 a.m. to 4:30 p.m., Monday through Friday, excluding an interim plan/biological assessment in Humboldt County coast since 2003 with an understanding that a long- completion of the Arcata RMP in 1992. Federal holidays, and may be published as part of the environmental assessment. term plan would be completed within These lands are located in T.6N., R.1W., three years (2006). The current process Secs. 26, 27, 34 and 35; T.4N., R.2W., Individual respondents may request confidentiality. Individuals who wish to will serve to develop this long-term plan Secs. 13, 14, 23, 24, 26 and 27; and and will include both RMP and T.2N., R.3W., Secs. 12, 13, 23, 24, 25, withhold their name or street address from public review or from disclosure implementation level decisions. 26, Humboldt Meridian. The plan The South Spit is a unique and under the Freedom of Information Act amendment will fulfill the obligations significant area to the region. Due to the must state this prominently at the set forth by the National Environmental area’s natural diversity, cultural beginning of their written comment. Policy Act (NEPA), the Federal Land resource values, and populations of Such requests will be honored to the Policy and Management Act (FLPMA) sensitive species, protection of these and BLM management policies. The extent allowed by law. All submissions resources is necessary and will require plan amendment will serve to update from organizations and businesses, and active management. The South Spit has the Arcata RMP and associated from individuals identifying themselves historically provided a variety of amendments for the affected lands. The as representatives or officials of recreation activities and other public BLM will work collaboratively with organizations or businesses, will be uses. The BLM will work collaboratively interested parties to identify the available for public inspection in their with other agencies, tribes and management decisions that are best entirety. interested parties to identify the suited to local, regional, and national FOR FURTHER INFORMATION: For further management decisions that are best needs and concerns. The public scoping information or to have your name added suited to local, regional, and national process will identify planning issues, to the mailing list, contact Bob Wick, needs and concerns. Preliminary issues develop planning criteria, and outline a telephone (707) 825–2321 or e-mail to and management concerns have been vision for area management that reflects [email protected]. identified by BLM personnel, other
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agencies, and in meetings with or faxed comments should be submitted Murray County individuals and user groups, including: by December 22, 2005. 4–H Club Building, Murray County Protection and enhancement of Fairgrounds, off Broadway Ave., Slayton, John W. Roberts, threatened and endangered plant and 05001436 animal species and their habitats; Acting Chief, National Register/National Historic Landmarks Program. MISSOURI Control of invasive non-native Buchanan County vegetation, including European CALIFORNIA McIntyre-Burri House, (St. Joseph MPS) 808 beachgrass, iceplant, yellow bush Ventura County N. 24th St., Saint Joseph, 05001435 lupine, and others; Importance of the Gould, Thomas, Jr., House, 402 Lynn Dr., Franklin County area to the cultural heritage of the Wiyot Ventura, 05001426 people and sensitivity of Tribal areas; Fore Shoe Company Building, 601 E 6th St., Traditional use for recreation GEORGIA Washington, 05001432 opportunities such as waterfowl Carroll County Greene County hunting, wildlife/wildlands observation, Veal School, 2753 Old Columbus Rd., Campbell Avenue Historic District (Boundary photography, fishing, surfing, Roopville, 05001427 Increase I), (Springfield, Missouri MPS AD) environmental education, horse use and 318 and 322–326 S. Campbell Avenue, vehicle access to the waveslope. INDIANA Springfield, 05001433 Disciplines involved in the planning Lake County St. Louis County process will include specialists with Crown Point Courthouse Square Historic Hampton Park, 1108–1176 Center Dr., 1012– expertise in wildlife management, District (Boundary Adjustment), Roughly 1259 Hampton Park Dr., 1140–1173 bounded by Robinson, East, Walnut, and Hillside Dr., 7914–8045 Park Dr., 8000– geology, archaeology, lands and realty, 8062 South Dr., Richmond Heights, Court Sts., Crown Point, 05001464 recreation, botany, and information 05001437 technology. Several alternatives will be IOWA New Mount Sinai Cemetery, 8430 Gravois evaluated as part of the Environmental Rd., Affton, 05001434 Black Hawk County Assessment process. These will include: NEW HAMPSHIRE A ‘‘No Action’’ Alternative-continuation Syndicate Block, 206, 208, 210, 212 and 216 of present management; and one or Main St., La Porte City, 05001429 Cheshire County Bradley, Stephen Rowe, House, 43 several other alternatives to best address Marion County Westminster St., Walpole, 05001445 the issues identified during the scoping Koelman, Philipus J. and Cornelia, House, Merrimack County process. 1005 Broadway, Pella, 05001430 Dated: October 11, 2005. Baptist New Meeting House, 461 Main St., MAINE New London, 05001446 Lynda Roush, Bridges, H. Styles, House, 21 Mound Rd., Cumberland County Field Manager, Arcata Field Office. Concord, 05001444 [FR Doc. E5–6976 Filed 12–6–05; 8:45 am] Andrews, Lt. Robert, House, 428 S. Bridgton Rd., Bridgton, 05001440 NEW YORK BILLING CODE 4310–40–P Lewis County Knox County Osceola Town Hall, N. Ocseola Rd., Osceola, Williams, Timothy and Jane, House, 34 Old 05001454 DEPARTMENT OF THE INTERIOR County Rd., Rockland, 05001441 Monroe County Lincoln County National Park Service Mendon Presbyterian Church, 3886 Rush— Parson’s Bend, 100 Nelson Rd., Alna, Mendon Rd., Mendon, 05001455 National Register of Historic Places; 05001439 Notification of Pending Nominations St. Lawrence County Washington County and Related Actions Brick Chapel Church and Cemetery, 5501 Cty Charlotte Pound, Charlotte Rd., 0.25 mi E of Rte 27, Canton, 05001461 Nominations for the following jct. with ME 214, Charlotte, 05001442 Tompkins County properties being considered for listing MARYLAND Hayt’s Chapel and Schoolhouse, (Freedom or related actions in the National Trail, Abolitionism, and African American Anne Arundel County Register were received by the National Life in Central New York MPS) 1296–1298 Park Service before November 12, 2005. Avery, Capt. Salem, House, 1418 East West Trumansburg Rd., Ithaca, 05001453 Shady Side Rd., Shady Side, 05001443 Pursuant to § 60.13 of 36 CFR part 60 NORTH CAROLINA Kent County written comments concerning the Montgomery County significance of these properties under Thornton, 10618 Perkins Hill Rd., Mount Gilead Downtown Historic District, the National Register criteria for Chestertown, 05001428 Main St. from First Ave. to 106 and 117 S. evaluation may be forwarded by United Washington County Main St., and the 100 blks of West States Postal Service, to the National Allenton St., Mt. Gilead, 05001447 Booneboro Historic District, Main St., Register of Historic Places, National Potomac St., St. Paul St., High St., Lakin Pitt County Park Service, 1849 C St. NW., 2280, Ave., Center St., Park Dr., Park Ln, Park Skinnerville—Greenville Heights Historic Washington, DC 20240; by all other View, Young Ave., Boonesboro, 05001431 District, Roughly bounded by Pitt St., carriers, National Register of Historic Martin Luther King Jr. Dr., Ward St., White Places, National Park Service,1201 Eye MINNESOTA St., Tyson St., Fairfax St., the Tar River, St. NW., 8th floor, Washington DC Brown County Greenville, 05001452 20005; or by fax, 202–371–6447. Written New Ulm Commercial Historic District, Rutherford County Roughly bounded by Minnesota St., bet 1st East Main Street Historic District, Roughly S and 3rd N Sts., New ulm, 05001438 along parts of Arlington St., Carolina Ave.,
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N. Magnolia St., S. Magnolia St., E. Main significance of these properties under MISSOURI St., McBrayer Court, Forest City, 05001450 the National Register criteria for Cole County evaluation may be forwarded by United Henrietta—Caroleen High School, Capitol Avenue Historic District, Roughly States Postal Service, to the National 2527 NC 221A, Mooresboro, 05001451 Capitol Ave., from Adams to Cherry Sts., Register of Historic Places, National Jefferson City, 05001473 Wake County Park Service, 1849 C St. NW., 2280, Blalock, Dr. Nathan M., House, 6741 Rock Washington, DC 20240; by all other Sullivan County Service Station Rd., Raleigh, 05001449 carriers, National Register of Historic Henry Cemetery, E side of MO Z, approx 1 Foquay Springs Teacherage, 602 E Academy Places, National Park Service, 1201 Eye mi. S of Reger, Reger, 05001472 St., Fuqay-Varina, 05001448 St., NW., 8th floor, Washington, DC MONTANA OREGON 20005; or by fax, 202–371–6447. Written Lewis and Clark County Jackson County or faxed comments should be submitted by December 22, 2005. Donovan—Mayer House, 46 S. Howie St., Carpenter, A.S.V., and Helen Bundy House, Helena, 05001471 1677 Old Stage Rd., Central Point, John W. Roberts, NEW JERSEY 05001456 Acting Chief, National Register/National RHODE ISLAND Historic Landmarks Program. Passaic County Newport County ARIZONA Paasaic Elks Club, 29–31 Howe Ave., Passaic, 05001485 Osborn-Bennett Historic District, 1137, 1148, Pima County 1168, 1188 Main Rd., Tiverton, 05001460 Sussex County Winterhaven Historic District, Bounded by Backwards Tunnel, Cork Hill Rd., 310 ft. N Providence County Prince, Country Club, Ft. Lowell, and of Passaic Ave. intersection, Ogdensburg, Tucson Blvd., Tucson, 05001466 Oriental Mills, 10 Admiral St., Providence, 05001483 05001463 MAINE Warren County SOUTH DAKOTA Androscoggin County Van Nest—Hoff—Vannatta Farmstead, Cty Lawrence County Chapel Hill Historic District, Roughly Rd. 519, Harmony, 05001484 Mount Theodore Roosevelt Monument, Black bounded by Industrial Blvd., unnamed NEW YORK Hill’s National Forest, Deadwood, alley E of South St., and E. Oldtown Rd., 05001457 Cumberland, 05001477 Niagara County TEXAS DAY PECKINPAUGH, (canal motorship), Hancock County NYS Barge Canal, Lockport, 05001486 Concho County Haystack Mountain School of Crafts, 89 NORTH CAROLINA Eola School, 12119 FM 381, Eola, 05001458 Haystack School Dr., Deer Isle, 05001469 Durham County Hidalgo County Kennebec County Oblate Park Historic District, (Mission, Forest Hills Historic District, (Durham MRA) Colcord Farmstead, 184 Unity Rd., Benton, Roughly bounded by Kent St., Bivins St., Hidalgo County MPS) Roughly bounded by 05001468 Doherty, Keralum, W. 16th St. and W. 10th Wells St., American Tobacco Trail, Underwood, Joseph H., House, 1957 Main St., Mission, 05001459 Forestwood Dr. and Beverly Dr., Durham, St., Fayette, 05001470 05001476 Starr County Knox County NORTH DAKOTA Yzaquirre—Longoria House, (Rio Grande City, Starr County, Texas MPS) 107 W. Gaunt Neck Site Complex, Address Grand Forks County Restricted, Cushing, 05001467 Water St., Rio Grande, 05001462 Downtown Grand Forks Historic District, A request for a move has been made for the MARYLAND Downtown Grand Forks, at the Red River following resource: of the North, Grand Forks, 05001475 Allegany County INDIANA PENNSYLVANIA Decatur Heights Historic District, Roughly Allen County along Baltimore Ave., Decatur St., Lancaster County Wabash Railroad Depot, 530 State St., New Davidson St., Frederick St. and Linden St., Chickies Historic District, Roughly bounded Haven, 0300146 Cumberland, 05001478 by the Susquehanna R, Chickies Creek, [FR Doc. E5–6960 Filed 12–6–05; 8:45 am] Greene Street Historic District, Greene St. bet. Bank St. and Long Lane., Marietta Borough, Spruce Alley and Riverside, Cumberland, 05001488 BILLING CODE 4312–51–P 05001482 Lehigh County Frederick County Allentown National Bank, 13–17 N. Seventh DEPARTMENT OF THE INTERIOR Kitterman—Buckey Farm, 12529 Molasses St., Allentown, 05001490 National Park Service Rd., Johnsville, 05001479 Montgomery County Rich Mountain, 6434 S. Clifton Rd., Seville Theatre, 822–826 W. Lancaster Ave., Frederick, 05001480 National Register of Historic Places; Lower Merion Township, 05001491 Notification of Pending Nominations Talbot County and Related Actions Northampton County Oxford Historic District, Roughly bounded by Arndt, Jacob, House and Barn, 910 Raubsville Nominations for the following Tred Avon R, Town Creek and Caroline Rd., Williams Township, 05001489 properties being considered for listing Ave., Oxford, 05001481 UTAH or related actions in the National MINNESOTA Register were received by the National Salt Lake County Morrison County Park Service before November 19, 2005. ZCMI General Warehouse, (Salt Lake City Pursuant to § 60.13 of 36 CFR part 60 Our Lady of the Angels Academy, 18801 Business District MRA) 230 South 500 written comments concerning the Riverwood Dr., Little Falls, 05001474 West, Salt Lake City, 05001487
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WISCONSIN Santa Fe Coast Lines Hospital, 610–30 S. concerning the proposed collection of Louis St., Los Angeles, 05001499 Oneida County information are encouraged. Your Santa Fe Freight Depot, 970 E. 3rd St., Los comments should address one or more Hagge, Hans J., Boathouse, 7220 Newell Rd., Angeles, 05001498 of the following four points: Hazelhurst, 05001493 PENNSYLVANIA Orth, Phillip, Boathouse, 9204 Country Club —Evaluate whether the proposed Rd., Minocqua, 05001492 Northampton County collection of information is necessary Walter, Luther and Anna, Boathouse, 9574 South Bethlehem Downtown Historic for the proper performance of the Country Club Rd., Minocqua, 05001494 District, Roughly bounded by Wyandotte, functions of the agency, including A request for removal has been made for Columbia, Hayes, and Morton St., whether the information will have the following resources: Bethlehem, 05001500 practical utility; —Evaluate the accuracy of the agencies WASHINGTON OKLAHOMA estimate of the burden of the Atoka County Pend Oreille County proposed collection of information, Atoka Community Building (WPA Public Phillips, Dr. John and Viola, House and including the validity of the Bldgs., Recreational Facilities and Office, S. 337 Spokane Ave., Newport, methodology and assumptions used; Cemetery Improvements in Southeastern 05001501 —Enhance the quality, utility, and Oklahoma, 1935–1943 TR), First and [FR Doc. E5–6962 Filed 12–6–05; 8:45 am] clarity of the information to be Delaware Sts., Atoka, 88001373 BILLING CODE 4312–51–P collected; and Old Atoka County Courthouse, Pennsylvania —Minimize the burden of the collection and Court Sts., Atoka, 79001985 of information on those who are to Standley, Capt. James S., House, 207 N. Ohio DEPARTMENT OF JUSTICE respond, including through the use of Ave., Atoka, 79001986 appropriate automated, electronic, Zweigel Hardware Store Building, 405 and 407 Court St., Atoka, 80003255 Bureau of Alcohol, Tobacco, Firearms mechanical, or other technological and Explosives collection techniques or other forms [FR Doc. E5–6961 Filed 12–6–05; 8:45 am] of information technology, e.g., BILLING CODE 4312–51–P Agency Information Collection permitting electronic submission of Activities: Proposed Collection; responses. Comments Requested Overview of this Information Collection: DEPARTMENT OF THE INTERIOR (1) Type of Information Collection: ACTION: 30-Day Notice of Information National Park Service Collection Under Review: Application Extension of a currently approved for National Firearms Examiner collection. National Register of Historic Places; (2) Title of the Form/Collection: Academy. Notification of Pending Nominations Application for National Firearms and Related Actions The Department of Justice (DOJ), Examiner Academy. Bureau of Alcohol, Tobacco, Firearms (3) Agency form number, if any, and Nominations for the following and Explosives (ATF) has submitted the the applicable component of the properties being considered for listing following information collection request Department of Justice sponsoring the or related actions in the National to the Office of Management and Budget collection: Form Number: ATF F 6330.1. Register were received by the National (OMB) for review and approval in Bureau of Alcohol, Tobacco, Firearms Park Service before November 26, 2005. accordance with the Paperwork and Explosives. Pursuant to § 60.13 of 36 CFR part 60 Reduction Act of 1995. The proposed (4) Affected public who will be asked written comments concerning the information collection is published to or required to respond, as well as a brief significance of these properties under obtain comments from the public and abstract: Primary: State, local, or tribal the National Register criteria for affected agencies. This proposed government. Other: Federal. Abstract: evaluation may be forwarded by United information collection was previously The information requested on this form States Postal Service, to the National published in the Federal Register is necessary to process requests from Register of Historic Places, National Volume 70, Number 178, page 54571 on prospective students to attend the ATF Park Service, 1849 C St. NW., 2280, September 15, 2005, allowing for a 60 National Firearms Examiner Academy, Washington, DC 20240; by all other day comment period. and to acquire firearms and tool mark carriers, National Register of Historic The purpose of this notice is to allow examiner training. The information Places, National Park Service, 1201 Eye for an additional 30 days for public collection is used to determine the St. NW., 8th floor, Washington DC comment until January 6, 2006. This eligibility of the applicant. 20005; or by fax, 202–371–6447. Written process is conducted in accordance with (5) An estimate of the total number of or faxed comments should be submitted 5 CFR 1320.10. respondents and the amount of time by December 22, 2005. Written comments and/or suggestions estimated for an average respondent to regarding the items contained in this respond: There will be an estimated 75 John W. Roberts, notice, especially the estimated public respondents, who will complete the Acting Chief, National Register/National burden and associated response time, form within approximately 12 minutes. Historic Landmarks Program. should be directed to The Office of (6) An estimate of the total burden (in CALIFORNIA Management and Budget, Office of hours) associated with the collection: Fresno County Information and Regulatory Affairs, There are an estimated 15 total burden Attention Department of Justice Desk hours associated with this collection. San Joaquin Light & Power Corporation Officer, Washington, DC 20503. If additional information is required Building, 1401 Fulton St., Fresno, contact: Brenda E. Dyer, Department 05001497 Additionally, comments may be submitted to OMB via facsimile to (202) Clearance Officer, United States Los Angeles County 395–5806. Department of Justice, Policy and Hotel Chancellor, 3191 W. Seventh St., Los Written comments and suggestions Planning Staff, Justice Management Angeles, 05001496 from the public and affected agencies Division, Suite 1600, Patrick Henry
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Building, 601 D Street, NW., —Minimize the burden of the collection DEPARTMENT OF JUSTICE Washington, DC 20530. of information on those who are to Bureau of Alcohol, Tobacco, Firearms Dated: November 29, 2005. respond, including through the use of and Explosives Brenda E. Dyer, appropriate automated, electronic, mechanical, or other technological Department Clearance Officer, United States Agency Information Collection collection techniques or other forms Department of Justice. Activities: Proposed Collection; [FR Doc. 05–23696 Filed 12–6–05; 8:45 am] of information technology, e.g., Comments Requested BILLING CODE 4410–FY–P permitting electronic submission of responses. ACTION: 30-Day Notice of Information Overview of this information collection: Collection Under Review: Report of DEPARTMENT OF JUSTICE Theft or Loss of Explosives. (1) Type of Information Collection: Bureau of Alcohol, Tobacco, Firearms Extension of a currently approved The Department of Justice (DOJ), and Explosives collection. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has submitted the Agency Information Collection (2) Title of the Form/Collection: following information collection request Activities: Proposed Collection; Certificate of Compliance with 18 U.S.C. to the Office of Management and Budget Comments Requested 922(g)(5)(B). (OMB) for review and approval in (3) Agency form number, if any, and accordance with the Paperwork ACTION: 60–Day notice of information the applicable component of the Reduction Act of 1995. The proposed collection under review: Certificate of Department of Justice sponsoring the information collection is published to Compliance with 18 U.S.C. 922(g)(5)(B). collection: Form Number: ATF F obtain comments from the public and affected agencies. This proposed The Department of Justice (DOJ), 5330.20. Bureau of Alcohol, Tobacco, information collection was previously Bureau of Alcohol, Tobacco, Firearms Firearms and Explosives. published in the Federal Register and Explosives (ATF), has submitted the (4) Affected public who will be asked Volume 70, Number 181, page 55166 on following information collection request or required to respond, as well as a brief September 20, 2005, allowing for a 60- to the Office of Management and Budget abstract: Primary: Business or other for- day comment period. (OMB) for review and approval in profit. Other: None. The law of 18 The purpose of this notice is to allow accordance with the Paperwork U.S.C. 922(g)(5)(B) makes it unlawful for for an additional 30 days for public Reduction Act of 1995. The proposed any nonimmigrant alien to ship or comment until January 6, 2006. This information collection is published to transport in interstate or foreign process is conducted in accordance with obtain comments from the public and commerce, or possess in or affecting 5 CFR 1320.10. affected agencies. Comments are commerce, any firearm or ammunition; Written comments and/or suggestions encouraged and will be accepted for or to receive any firearm or ammunition regarding the items contained in this ‘‘sixty days’’ until February 6, 2006. which has shipped or transported in notice, especially the estimated public This process is conducted in accordance interstate or foreign commerce. ATF F burden and associated response time, with 5 CFR 1320.10. 5330.20 is for the purpose of ensuring should be directed to The Office of If you have comments especially on that nonimmigrant aliens certify their Management and Budget, Office of the estimated public burden or compliance according to the law at 18 Information and Regulatory Affairs, associated response time, suggestions, U.S.C. 922(g)(5)(B). Attention Department of Justice Desk or need a copy of the proposed Officer, Washington, DC 20503. (5) An estimate of the total number of information collection instrument with Additionally, comments may be respondents and the amount of time instructions or additional information, submitted to OMB via facsimile to (202) please contact Derek Ball, Firearms and estimated for an average respondent to 395–5806. Explosives Imports Branch, 650 respond: It is estimated that 3,000 Written comments and suggestions Massachusetts Avenue, NW., respondents will complete a 3 minute from the public and affected agencies Washington, DC 20226. form. concerning the proposed collection of Written comments and suggestions (6) An estimate of the total public information are encouraged. Your from the public and affected agencies burden (in hours) associated with the comments should address one or more concerning the proposed collection of collection: There are an estimated 150 of the following four points: information are encouraged. Your annual total burden hours associated —Evaluate whether the proposed comments should address one or more with this collection. collection of information is necessary of the following four points: If additional information is required for the proper performance of the —Evaluate whether the proposed functions of the agency, including collection of information is necessary contact: Brenda E. Dyer, Department Clearance Officer, Policy and Planning whether the information will have for the proper performance of the practical utility; Staff, Justice Management Division, functions of the agency, including —Evaluate the accuracy of the agencies Department of Justice, Patrick Henry whether the information will have estimate of the burden of the practical utility; Building, Suite 1600, 601 D Street, NW., proposed collection of information, —Evaluate the accuracy of the agencies Washington, DC 20530. including the validity of the estimate of the burden of the Dated: November 29, 2005. methodology and assumptions used; proposed collection of information, Brenda E. Dyer, —Enhance the quality, utility, and including the validity of the Department Clearance Officer, Department of clarity of the information to be methodology and assumptions used; Justice. collected; and —Enhance the quality, utility, and [FR Doc. 05–23697 Filed 12–6–05; 8:45 am] —Minimize the burden of the collection clarity of the information to be of information on those who are to collected; and BILLING CODE 4410–FY–P respond, including through the use of
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appropriate automated, electronic, and Explosives (ATF), has submitted the profit. Other: None. The requested mechanical, or other technological following information collection request information will be used to ensure that collection techniques or other forms to the Office of Management and Budget applicants for a Federal firearms license of information technology, e.g., (OMB) for review and approval in are in compliance with the requirements permitting electronic submission of accordance with the Paperwork pertaining to the availability of secure responses. Reduction Act of 1995. The proposed gun storage or safety devices. Overview of this Information Collection: information collection is published to (5) An estimate of the total number of (1) Type of Information Collection: obtain comments from the public and respondents and the amount of time Extension of a currently approved affected agencies. Comments are estimated for an average respondent to collection. encouraged and will be accepted for respond: It is estimated that 61,641 (2) Title of the Form/Collection: ‘‘sixty days’’ until February 6, 2006. respondents will complete a 1 minute Report of Theft or Loss of Explosives. This process is conducted in accordance form. (3) Agency form number, if any, and with 5 CFR 1320.10. (6) An estimate of the total public the applicable component of the If you have comments especially on burden (in hours) associated with the Department of Justice sponsoring the the estimated public burden or collection: There are an estimated 1,233 collection: Form Number: ATF F 5400.5. associated response time, suggestions, annual total burden hours associated Bureau of Alcohol, Tobacco, Firearms or need a copy of the proposed with this collection. and Explosives. information collection instrument with If additional information is required (4) Affected public who will be asked instructions or additional information, contact: Brenda E. Dyer, Department or required to respond, as well as a brief please contact David Adinolfi, Federal Clearance Officer, Policy and Planning abstract: Primary: Business or other for- Firearms Licensing Center, Room, 2600 Staff, Justice Management Division, profit. Other: None. Abstract: Losses or Century Parkway, West, Atlanta, GA Department of Justice, Patrick Henry theft of explosives must be reported 30044. Building, Suite 1600, 601 D Street, NW., within 24 hours of the discovery of the Written comments and suggestions Washington, DC 20530. loss or theft. This form contains the from the public and affected agencies Dated: November 30, 2005. minimum information necessary for concerning the proposed collection of Brenda E. Dyer, ATF to initiate criminal investigations. information are encouraged. Your Department Clearance Officer, Department of (5) An estimate of the total number of comments should address one or more Justice. respondents and the amount of time of the following four points: [FR Doc. 05–23699 Filed 12–6–05; 8:45 am] estimated for an average respondent to —Evaluate whether the proposed BILLING CODE 4410–FY–P respond: There will be an estimated 150 collection of information is necessary respondents, who will complete the for the proper performance of the form within approximately 1 hour and functions of the agency, including DEPARTMENT OF JUSTICE 48 minutes. whether the information will have (6) An estimate of the total burden (in practical utility; Federal Bureau of Investigation hours) associated with the collection: —Evaluate the accuracy of the agencies There are an estimated 270 total burden estimate of the burden of the Agency Information Collection hours associated with this collection. proposed collection of information, Activities: Proposed Collection, If additional information is required including the validity of the Comments Requested contact: Brenda E. Dyer, Department methodology and assumptions used; ACTION: 30-day notice of information Clearance Officer, United States —Enhance the quality, utility, and collection under review: Number of Department of Justice, Policy and clarity of the information to be Full-time Law Enforcement Employees Planning Staff, Justice Management collected; and as of October 31. Division, Suite 1600, Patrick Henry —Minimize the burden of the collection Building, 601 D Street, NW., of information on those who are to The Department of Justice, Federal Washington, DC 20530. respond, including through the use of Bureau of Investigation, Criminal Justice Dated: November 29, 2005. appropriate automated, electronic, Information Services Division has Brenda E. Dyer, mechanical, or other technological submitted the following information Department Clearance Officer, United States collection techniques or other forms collection request to the Office of Department of Justice. of information technology, e.g., Management and Budget (OMB) for [FR Doc. 05–23698 Filed 12–6–05; 8:45 am] permitting electronic submission of review and clearance in accordance BILLING CODE 4410–FY–P responses. with established review procedures of Overview of this information collection: the Paperwork Reduction Act of 1995. (1) Type of Information Collection: The proposed information collection is DEPARTMENT OF JUSTICE Extension of a currently approved published to obtain comments from the collection. public and affected agencies. This Bureau of Alcohol, Tobacco, Firearms (2) Title of the Form/Collection: proposed information collection was and Explosives Certification of Secure Gun Storage or previously published in the Federal Safety Devices. Register Volume 70, Number 187, Page Agency Information Collection (3) Agency form number, if any, and 56737 on September 28, 2005, allowing Activities: Proposed Collection; the applicable component of the for a 60 day comment period. Comments Requested Department of Justice sponsoring the The purpose of this notice is to allow ACTION: 60-Day Notice of Information collection: Form Number: ATF F for an additional 30 days for public Collection Under Review: Certification 5300.42. Bureau of Alcohol, Tobacco, comment until January 6, 2006. This of secure gun storage or safety devices. Firearms and Explosives. process is conducted in accordance with (4) Affected public who will be asked 5 CFR 1320.10. The Department of Justice (DOJ), or required to respond, as well as a brief Written comments and/or suggestions Bureau of Alcohol, Tobacco, Firearms abstract: Primary: Business or other for- regarding the items contained in this
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notice, especially the estimated public 17,499 law enforcement agency DEPARTMENT OF LABOR burden and associated response time, respondents at 8 minutes per report. Employment and Training should be directed to Gregory E. (6) An estimate of the total public Administration Scarbro, Unit Chief, Federal Bureau of burden (in hours) associated with this Investigation, Criminal Justice collection: There are approximately [TA–W–57,892] Information Services Division (CJIS), 2,333 hours annual burden associated Module E–3, 1000 Custer Hollow Road, with this information collection. Cardinal Health 200, Incorporated Clarksburg, West Virginia 26306, or Formerly Known as Allegiance Health facsimile to (304) 625–3566. If additional information is required Care Medical Products and Services Written comments and suggestions contact: Ms. Brenda E. Dyer, Department Division Including Leased Production from the public and affected agencies Clearance Officer, Justice Management Workers of Select Personnel Services concerning the proposed collection of Division, United States Department of El Paso, TX; Amended Certification information are encouraged. Comments Justice, Patrick Henry Building Suite Regarding Eligibility To Apply for should address one or more of the 1600, 601 D Street, NW., Washington, Worker Adjustment Assistance and following four points: DC 20530. Alternative Trade Adjustment —Evaluate whether the proposed Dated: November 30, 2005. Assistance collection of information is necessary Brenda E. Dyer, for the proper performance of the In accordance with section 223 of the functions of the agency, including Department Clearance Officer, United States Trade Act of 1974 (19 U.S.C. 2273), and whether the information will have Department of Justice. section 246 of the Trade Act of 1974 (26 practical utility; [FR Doc. E5–6964 Filed 12–6–05; 8:45 am] U.S.C. 2813), as amended, the Department of Labor issued a —Evaluate the accuracy of the agency’s BILLING CODE 4410–02–P estimate of the burden of the Certification of Eligibility to Apply for proposed collection of information, Worker Adjustment Assistance and including the validity of the Alternative Trade Adjustment methodology and assumptions used; DEPARTMENT OF LABOR Assistance on September 20, 2005, —Enhance the quality, utility, and applicable to workers of Cardinal Health clarity of the information to be Employment and Training 200, Incorporated, Medical Products collected; and Administration and Services Division, including leased —Minimize the burden of the collection production workers of Select Personnel of information on those who are to [TA–W–57,930] Services, El Paso, Texas. The notice was respond, including through the use of published in the Federal Register on appropriate automated, electronic, Cabinet Industries, Inc., Danville, PA; October 31, 2005 (70 FR 62347). mechanical, or other technological Dismissal of Application for At the request of the State agency, the collection techniques of other forms Reconsideration Department reviewed the certification of information technology, e.g., for workers of the subject firm. The permitting electronic submission of Pursuant to 29 CFR 90.18(C) an workers are engaged in the production responses. application for administrative of medical products such as disposable surgical gowns, drapes and packs. reconsideration was filed with the Overview of this information New information shows that the Director of the Division of Trade collection: subject firm, originally named (1) Type of information collection: Adjustment Assistance for workers at Allegiance Health Care, was renamed Revision of currently approved Cabinet Industries, Inc., Danville, Cardinal Health 200, Incorporated, due collection. Pennsylvania. The application to a change in ownership. Workers (2) The title of the form/collection: contained no new substantial separated from employment at the Number of Full-time Law Enforcement information which would bear subject firm had their wages reported Employees as of October 31. importantly on the Department’s under a separate unemployment (3) The agency form number, if any, determination. Therefore, dismissal of insurance (UI) tax account for and the applicable component of the the application was issued. Allegiance Health Care. department sponsoring the collection: Accordingly, the Department is Forms 1–711, 1–711a, 1–711b Criminal TA–W–57,930; Cabinet Industries, Inc. Danville, Pennsylvania (November amending the certification to properly Justice Information Services Division, reflect this matter. 17, 2005). Federal Bureau of Investigation, The intent of the Department’s Department of Justice. Signed at Washington, DC, this 18th day of certification is to include all workers of (4) Affected public who will be asked November 2005. Cardinal Health 200, Incorporated, or required to respond, as well as a brief Erica R. Cantor, Medical Products and Services Division abstract: Primary: Local and State Law Director, Division of Trade Adjustment who were adversely affected by a shift Enforcement Agencies. This collection in production to Mexico. is needed to collect information to Assistance. [FR Doc. E5–6997 Filed 12–6–05; 8:45 am] The amended notice applicable to determine the number of Civilian and TA–W–57,892 is hereby issued as BILLING CODE 4510–30–P sworn full-time law enforcement follows: employees throughout the United States. Data are tabulated and published ’’All workers of Cardinal Health 200, in the annual publication Crime in the Incorporated, formerly known as Allegiance Health Care, Medical Products and Services United States. Division, including leased on-site workers of (5) An estimate of the total number of Select Personnel Services, El Paso, Texas, respondents and the amount of time who became totally or partially separated estimated for an average respondent to from employment on or after August 23, respond: There are approximately 2004, through September 20, 2007, are
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eligible to apply for adjustment assistance ‘‘All workers of Champion Laboratories, of the workforce at the subject firm is at under section 223 of the Trade Act of 1974, Inc., Albion, Illinois (TA–W–57,881), least fifty years of age. Industry data and are also eligible to apply for alternative including an employee of Champion show that competitive conditions trade adjustment assistance under Section Laboratories, Albion, Illinois, located in within the motor vehicle power train 246 of the Trade Act of 1974.’’ Bristol, Connecticut (TA–W–57,881A), Champion Laboratories, Inc., West Salem, components industry are adverse. Signed at Washington, DC, this 15th day of Illinois (TA–W–57,881B), who became totally Conclusion November 2005. or partially separated from employment on or Richard Church, after August 27, 2004, through September 15, After careful review of the facts Certifying Officer, Division of Trade 2007, are eligible to apply for adjustment obtained on investigation, I conclude Adjustment Assistance. assistance under section 223 of the Trade Act that the requirements of section [FR Doc. E5–6995 Filed 12–6–05; 8:45 am] of 1974.’’ 246(a)(3)(A) of the Trade Act of 1974, as BILLING CODE 4510–30–P Signed at Washington, DC this 18th day of amended, have been met for workers at November 2005. the subject firm. Elliott S. Kushner, In accordance with the provisions of DEPARTMENT OF LABOR Certifying Officer, Division of Trade the Act, I make the following Adjustment Assistance. certification: Employment and Training [FR Doc. E5–6994 Filed 12–6–05; 8:45 am] ‘‘All workers of Diefendorf Gear, LLC, Administration BILLING CODE 4510–30–P Syracuse, New York, who became totally or [TA–W–57,881; TA–W–57,881B] partially separated from employment on or after February 11, 2003 through March 2, Champion Laboratories, Inc., Albion, DEPARTMENT OF LABOR 2006, are eligible to apply for alternative IL; Champion Laboratories, Inc., West trade adjustment assistance under section Salem, IL; Amended Certification Employment and Training 246 of the Trade Act of 1974, as amended.’’ Regarding Eligibility To Apply for Administration Signed in Washington, DC, this 23rd day of November 2005. Worker Adjustment Assistance [TA–W–54,329] Linda G. Poole, In accordance with section 223 of the Diefendorf Gear, LLC, Syracuse, NY; Certifying Officer, Division of Trade Trade Act of 1974 (19 U.S.C. 2273) the Certification Regarding Eligibility to Adjustment Assistance. Department of Labor issued a Apply for Alternative Trade Adjustment [FR Doc. E5–6992 Filed 12–6–05; 8:45 am] Certification Regarding Eligibility to Assistance BILLING CODE 4510–30–P Apply for Worker Adjustment Assistance on September 15, 2005, The Department adopted a new applicable to workers of Champion interpretation regarding the Alternative DEPARTMENT OF LABOR Laboratories, Inc., Albion, Illinois. The Trade Adjustment Assistance (ATAA) notice was published in the Federal program in order to provide equitable Employment and Training Register on October 31, 2005 (70 FR access to ATAA for worker groups Administration 62347). The certification was amended whose petitions were still in process at on November 8, 2005 to include an the time of implementation of the [TA–W–57,728] employee of the Albion, Illinois facility ATAA program on August 6, 2003. J.E. Morgan Knitting Mills (Sara Lee), of the subject firm located in Bristol, Under this new interpretation, worker Tamaqua, PA; Notice of Revised Connecticut (TA–W–57,881A). The groups covered by the certification of a Determination on Reconsideration notice will be published soon in the petition that was in process on August Federal Register. 6, 2003 may request ATAA By application of September 30, 2005, At the request of the State agency, the consideration for the certified worker a company official requested Department reviewed the certification group. In addition, certified worker administrative reconsideration for workers of the subject firm. The groups who filed petitions after that regarding the Department’s Negative workers are engaged in the production date may also request ATAA if the Determination Regarding Eligibility to of filters. petition did not include an option to Apply for Worker Adjustment New information shows that the apply for ATAA. The request must be Assistance, applicable to the workers of company sends workers back and forth made to the Department and may be the subject firm. between the Albion, Illinois facilities made by anyone who was entitled to file The initial investigation resulted in a and the West Salem, Illinois facility; the original petition under section negative determination issued on therefore, workers are not separately 221(a)(1) of the Act. August 31, 2005, based on the finding identifiable by location. Worker By letter dated November 8, 2005, a that imports of long sleeve mock separations have occurred at the Albion, state agency representative requested turtleneck shirts did not contribute Illinois and West Salem, Illinois ATAA consideration for workers at the importantly to worker separations at the facilities of Champion Laboratories. subject firm located in Syracuse, New subject plant and that there was no shift Accordingly, the Department is York. to a foreign country. The denial notice amending the certification to cover In order for the Department to issue was published in the Federal Register workers of Champion Laboratories, Inc., a certification of eligibility to apply for on October 6, 2005 (70 FR 58477). West Salem, Illinois. ATAA, the group eligibility The workers at the subject facility The intent of the Department’s requirements of section 246(a)(3)(A) of were previously certified eligible for certification is to include all workers of the Trade Act must be met. The trade adjustment assistance (TAA) Champion Laboratories, Inc. who were Department has determined in this case under TA–W–51,522. That TAA adversely affected by increased that the requirements have been met. certification expired on May 5, 2005. company imports. The investigation revealed that the To support the request for The amended notice applicable to subject worker group possesses skills reconsideration, the company official TA–W–57,881 is hereby issued as that are not easily transferable in the supplied additional information to follows: local area, and that at least five percent supplement that which was gathered
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during the initial investigation. Upon produced by the subject firm or Adjustment Assistance, Employment further review, it was revealed that subdivision. In accordance with the and Training Administration, has workers of the subject firm were also provisions of the Act, I make the instituted investigations pursuant to engaged in production of thermal knit following certification: Section 221(a) of the Act. underwear, shirts and drawers and knit, ‘‘All workers of J.E. Morgan Knitting Mills The purpose of each of the bleach and cutting operations. The (Sara Lee), Tamaqua, Pennsylvania who investigations is to determine whether investigation also revealed that the became totally or partially separated from the workers are eligible to apply for company shifted production of thermal employment on or after May 6, 2005 through adjustment assistance under Title II, knit underwear, shirts and drawers to El two years from the date of certification are Chapter 2, of the Act. The investigations Salvador and Honduras during the eligible to apply for adjustment assistance will further relate, as appropriate, to the relevant period and that this shift under section 223 of the Trade Act of 1974’’ determination of the date on which total contributed importantly to layoffs at the and or partial separations began or ‘‘All workers of J.E. Morgan Knitting Mills subject firm. threatened to begin and the subdivision In accordance with section 246 the (Sara Lee), Tamaqua, Pennsylvania who became totally or partially separated from of the firm involved. Trade Act of 1974 (26 U.S.C. 2813), as employment on or after August 12, 2004, The petitioners or any other persons amended, the Department of Labor through two years from the date of this showing a substantial interest in the herein presents the results of its certification, are eligible to apply for subject matter of the investigations may investigation regarding certification of alternative trade adjustment assistance under request a public hearing, provided such eligibility to apply for alternative trade section 246 of the Trade Act of 1974.’’ request is filed in writing with the adjustment assistance (ATAA) for older Signed in Washington, DC this 17th day of Director, Division of Trade Adjustment workers. November 2005. Assistance, at the address shown below, In order for the Department to issue Elliott S. Kushner, not later than December 19, 2005. a certification of eligibility to apply for Interested persons are invited to ATAA, the group eligibility Certifying Officer, Division of Trade Adjustment Assistance. submit written comments regarding the requirements of section 246 of the Trade subject matter of the investigations to Act must be met. The Department has [FR Doc. E5–6993 Filed 12–6–05; 8:45 am] BILLING CODE 4510–30–P the Director, Division of Trade determined in this case that the Adjustment Assistance, at the address requirements of section 246 have been shown below, not later than December met. DEPARTMENT OF LABOR 19, 2005. A significant number of workers at the The petitions filed in this case are firm are age 50 or over and possess Employment and Training available for inspection at the Office of skills that are not easily transferable. Administration the Director, Division of Trade Competitive conditions within the Adjustment Assistance, Employment industry are adverse. Investigations Regarding Certifications and Training Administration, U.S. Conclusion of Eligibility To Apply for Worker Department of Labor, Room C–5311, 200 Adjustment Assistance After careful review of the facts Constitution Avenue, NW., Washington, obtained in the investigation, I Petitions have been filed with the DC 20210. determine that there was a shift in Secretary of Labor under Section 221(a) Signed at Washington, DC this 22nd day of production from the workers’ firm or of the Trade Act of 1974 (‘‘the Act’’) and November 2005. subdivision to El Salvador and are identified in the Appendix to this Erica R. Cantor, Honduras of articles that are like or notice. Upon receipt of these petitions, Director, Division of Trade Adjustment directly competitive with those the Director of the Division of Trade Assistance.
APPENDIX [TAA Petitions Instituted Between 11/7/05 and 11/11/05]
Subject firm Date of Date of TA–W (petitioners) Location institution petition
58282 ...... Kone (IAM) ...... Moline, IL ...... 11/07/05 11/04/05 58283 ...... Hartz and Company, Inc. (Comp) ...... Broadway, VA ...... 11/07/05 11/01/05 58284 ...... Volvo Construction Equipment, NA (Wkrs) ...... Skyland, NC ...... 11/07/05 11/03/05 58285 ...... Sax Hosiery, Inc. () ...... Gibsonville, NC ...... 11/07/05 10/31/05 58286 ...... Honeywell, Inc. (State) ...... Coon Rapids, MN ...... 11/07/05 11/07/05 58287 ...... Agilent Technologies, Inc. (Wkrs) ...... Loveland, CO ...... 11/08/05 10/26/05 58288 ...... Alcoa (Comp) ...... Frederick, MD ...... 11/08/05 11/07/05 58289 ...... Eaton (IBEW) ...... Beaver, PA ...... 11/08/05 11/07/05 58290 ...... Collins and Aikman (Comp) ...... Lowell, MA ...... 11/08/05 11/07/05 58291 ...... M. Swift and Sons, Inc. (State) ...... Hartford, CT ...... 11/08/05 11/08/05 58292 ...... Tembec USA, LLC (Comp) ...... St. Francisville, LA ...... 11/08/05 10/27/05 58293 ...... DeVaughn Woodworks, Inc. (Comp) ...... Marietta, MS ...... 11/08/05 10/09/05 58294 ...... Celanese Emulsions Corporation (IBB) ...... Meredosia, IL ...... 11/08/05 10/18/05 58295 ...... Pixelworks, Inc. (Wkrs) ...... Tualatin, OR ...... 11/09/05 11/04/05 58296 ...... Kimberly-Clarke (Comp) ...... Pocatello, ID ...... 11/09/05 11/03/05 58297 ...... Revcor Molded Products (Wkrs) ...... Haltom City, TX ...... 11/09/05 11/03/05 58298 ...... Messier Services, Inc. (Comp) ...... Sterling, VA ...... 11/09/05 10/31/05 58299 ...... Tecumseh Products Co. (Comp) ...... Corinth, MS ...... 11/09/05 11/08/05 58300 ...... Kentucky Derby Hosiery Company (Comp) ...... Wytheville, VA ...... 11/09/05 11/08/05 58301 ...... Xerox (State) ...... Wilsonville, OR ...... 11/09/05 11/08/05 58302 ...... Lenox China (Wkrs) ...... Oxford, NC ...... 11/09/05 11/08/05
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APPENDIX—Continued [TAA Petitions Instituted Between 11/7/05 and 11/11/05]
Subject firm Date of Date of TA–W (petitioners) Location institution petition
58303 ...... Ciba Specialty Chemicals (State) ...... Charlotte, NC ...... 11/09/05 11/08/05 58304 ...... Viking Polymer Solutions, LLC (UAW) ...... Albion, NY ...... 11/09/05 11/09/05 58305 ...... TRW Automotive (Wkrs) ...... Fremont, OH ...... 11/10/05 11/09/05 58306 ...... MECO Corporation (Comp) ...... Greeneville, TN ...... 11/10/05 11/04/05 58307 ...... Agilent Technologies (Comp) ...... Santa Rosa, CA ...... 11/10/05 11/08/05 58308 ...... Fordyce Picture Frames Co. (State) ...... Fordyce, AR ...... 11/10/05 11/09/05 58309 ...... OBG Manufacturing Company (UFCW) ...... Liberty, KY ...... 11/10/05 11/09/05 58310 ...... Resource, Inc. (Comp) ...... Tallmadge, OH ...... 11/10/05 11/10/05 58311 ...... Abbott Laboratories (Wkrs) ...... Abbott, IL ...... 11/10/05 11/09/05 58312 ...... Gilbert Hose (Comp) ...... Hickory, NC ...... 11/10/05 11/09/05 58313 ...... Superior Essex (Comp) ...... Brownsville, TX ...... 11/10/05 11/09/05 58314 ...... Jessica Trimmings (State) ...... Hialeah, FL ...... 11/10/05 11/10/05 58315 ...... C and J Jewelry Company (Comp) ...... Providence, RI ...... 11/10/05 11/09/05
[FR Doc. E5–6990 Filed 12–6–05; 8:45 am] the Department is amending the Section 246 of the Trade Act of 1974 (26 BILLING CODE 4510–30–P certification to include the former U.S.C. 2813), as amended, the employer name. Department of Labor issued a The intent of the Department’s Certification Regarding Eligibility to DEPARTMENT OF LABOR certification is to include all workers of Apply for Worker Adjustment La-Z-Boy Greensboro, Inc., Lea Assistance and Alternative Trade Employment and Training Industries and American Drew who Administration Adjustment Assistance on October 27, were adversely affected by increased 2005, applicable to workers of Luhr [TA–W–58,053] imports. Jensen & Sons, Inc., Fishing Tackle The amended notice applicable to Division, Jentech Plant, Hood River, La-Z-Boy Greensboro, Inc., Formerly TA–W–58,053 is hereby issued as Oregon. The notice will soon be Known as LADD Furniture, Inc., Lea follows: published in the Federal Register. Industries and American Drew ‘‘All workers of La-Z-Boy Greensboro, Inc., Including On-Site Leased Workers of formerly known as LADD Furniture, Inc., Lea At the request of the State Agency, the Kelly Temporary Services, North Industries and American Drew, North Department reviewed the certification Wilkesboro, NC; Amended Certification Wilkesboro, North Carolina, including on-site for workers of the subject firm. The Regarding Eligibility To Apply for leased workers of Kelly Temporary Services, workers produce fishing tackle. Worker Adjustment Assistance and who became totally or partially separated from employment on or after September 22, The review of the investigation shows Alternative Trade Adjustment 2004, through October 28, 2007, are eligible that the Department inadvertently Assistance to apply for adjustment assistance under omitted the Portway Plant in the section 223 of the Trade Act of 1974, and are certification document. Consequently, In accordance with section 223 of the also eligible to apply for alternative trade Trade Act of 1974 (19 U.S.C. 2273), and adjustment assistance under section 246 of the certification is amended to include section 246 of the Trade Act of 1974 (26 the Trade Act of 1974.’’ workers of the Portway Plant in Hood U.S.C. 2813), as amended, the River, Oregon. Signed at Washington, DC, this 23rd day of Department of Labor issued a November 2005. The amended notice applicable to Certification of Eligibility to Apply for Linda G. Poole, TA–W–57,904 is hereby issued as Worker Adjustment Assistance and Certifying Officer, Division of Trade follows: Alternative Trade Adjustment Adjustment Assistance. Assistance on October 28, 2005, [FR Doc. E5–6999 Filed 12–6–05; 8:45 am] ‘‘All workers of Luhr Jensen & Sons, Inc., applicable to workers of La-Z-Boy Fishing Tackle Division, Jentech Plant and BILLING CODE 4510–30–P Greensboro, Inc., Lea Industries and Portway Plant, Hood River, Oregon, who American Drew, including on-site became totally or partially separated from leased workers of Kelly Temporary DEPARTMENT OF LABOR employment on or after September 7, 2004 Services, North Wilkesboro, North through October 27, 2007, are eligible to Carolina. The notice was published in Employment and Training apply for adjustment assistance under the Federal Register on November 16, Administration Section 223 of the Trade Act of 1974, and are 2005 (70 FR 69599). also eligible to apply for alternative trade At the request of the company, the [TA–W–57,904] adjustment assistance under Section 246 of Department reviewed the certification Luhr Jensen & Sons, Inc., Fishing the Trade Act of 1974.’’ for workers of the subject firm. The Tackle Division Jentech Plant and Signed in Washington, DC, this 14th day of workers are engaged in the production Portway Plant, Hood River, OR; November, 2005. of bedroom and diningroom furniture. Amended Certification Regarding Linda G. Poole, The company reports that some Eligibility To Apply for Worker workers wages at the subject firm are Certifying Officer, Division of Trade Adjustment Assistance and Alternative Adjustment Assistance. being reported under the Trade Adjustment Assistance Unemployment Insurance (UI) tax [FR Doc. E5–6996 Filed 12–6–05; 8:45 am] account for LADD Furniture, Inc., the In accordance with Section 223 of the BILLING CODE 4510–30–P previous name of the firm. Accordingly, Trade Act of 1974 (19 U.S.C. 2273), and
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DEPARTMENT OF LABOR articles like or directly competitive with 2002 through May 2003 from June 2001 Merrill’s articles, and if so, to what through May 2002 levels. Supp. AR at Employment and Training country. 58. Administration For purposes of determining workers’ After completing its investigation, the [TA–W–52,050] eligibility to apply for Trade Adjustment Department concludes that the workers Assistance (TAA), the relevant period is should not be certified for TAA benefits. Merrill Corporation, St. Paul, MN; the complete twelve-month period prior The plaintiffs claim they are eligible for Notice of Negative Determination on to the petition date. Because the petition benefits because Merrill shifted Reconsideration on Remand date is June 10, 2003, the scope of the production to India. The Department investigation is confined to June 2002 has determined that the workers created The United States Court of through May 2003. electronic documents for printing and International Trade (USCIT) remanded During the second remand filing with the Securities and Exchange to the Department of Labor for further investigation, the Department contacted Commission (SEC). It is undisputed that investigation Former Employees of the company to request information Merrill sent that responsibility to India. Merrill Corporation v. Elaine Chao, U.S. about the subject facility and affiliated The Department has consistently Secretary of Labor, Court No. 03–00662 domestic print facilities and requested determined, however, that electronic (issued July 28, 2005). information from the plaintiffs. Further, creations are not ‘‘articles’’ for the The Department’s initial negative the Department provided the Plaintiff an purposes of the Trade Act unless they determination for the workers of Merrill opportunity to respond to the are embodied in a physical medium. Corporation (hereafter ‘‘Merrill’’) was Department’s preliminary findings. See, e.g., Former Employees of Dendrite issued on July 22, 2003. The Notice was Supp. AR at 59–63. International, 70 FR 212247–3 (April 25, published in the Federal Register on According to Merrill, the company 2005); Former Employees of Gale Group, July 10, 2003 (68 FR 43373). The derives revenue from document Inc., 70 FR 6732–1 (February 8, 2005). determination was based on the finding management services and commercial Therefore, the workers do not produce that workers did not produce an article and business forms printing. A company an article themselves. within the meaning of section 222 of the official also stated that the financial In its letter of November 7, 2005, the Trade Act of 1974. The Department documents are customized and owned plaintiffs argue that the important issue determined that the subject worker by the client, that composed documents is whether Merrill, not the workers group was not engaged in the are printed pursuant to clients’ requests, themselves, creates an article. Supp. AR production of an article, but rather that the printing is done at an off-site at 61. In order for the Department to engaged in activities related to facility, and that print jobs are certify in a case where the workers document management services. transmitted electronically from the allege a shift of production, however, The plaintiffs did not seek subject facility to the off-site printing there must be a shift of production of an administrative reconsideration by the facilities. Supp. AR at 10–11, 36. article. In the present case, the only job Department but sought judicial review In a September 2, 2005 letter, the shifted was the creation of electronic by the USCIT on September 9, 2003, plaintiffs confirmed the unique and files, which, as discussed above, is not asserting that Merrill produces an article customized nature of the documents but the production of an article. (documents) and that the workers are contradicted Merrill’s assertion that Because the data entry function engaged in this production. printing was not done at the subject formerly done by the workers was the On April 2, 2004, the Department facility. Supp. AR at 15–17. only function transferred to India, and issued a Notice of Negative The Department sought clarification because the financial reports were Determination on Remand for workers from the subject company and was delivered to the United States via of the subject facility. The informed that the printing facility at electronic transmission only, then there determination was based on the finding Merrill, St. Paul, Minnesota had closed was no shift of production of an article, that the subject company does not by May 2001 and that Merrill had as required by the Trade Act. See produce an ‘‘article’’ within the several domestic printing facilities Former Employees of Murray meaning of the Trade Act of 1974. The during the relevant period. Supp AR at Engineering v. Chao, 358 F. Supp.2d Notice was published in the Federal 36, 50–51. 1269, 1272 n.7 (‘‘the language of the Act Register on April 16, 2004 (69 FR Since no production took place at the clearly indicates that the HTSUS 20645). subject facility during the relevant governs the definition of articles, as it On July 28, 2005, the USCIT period, the Department investigated repeatedly refers to ‘‘articles’’ as items remanded the matter to the Department, whether the subject workers supported subject to a duty’’); HTS, General Note directing the Department to determine production at an affiliated, domestic 3(I) (exempting ‘‘telecommunications whether production facility during June 2002 transmissions’’ from ‘‘goods subject to (1) Plaintiffs were engaged in through May 2003, whether sales and/ the provisions of the [HTSUS]’’). ‘‘production’’ of printed matter or other or production declined at that Furthermore, under the Department’s articles; (2) the volume of articles production facility, and whether interpretation of ‘‘like or directly produced by Plaintiffs; (3) Merrill’s increased imports during the relevant competitive,’’ (29 CFR 90.2) ‘‘like’’ customers contracted for the production period contributed importantly to those articles are those articles which are of printed matter; (4) sales or production declines. substantially identical in inherent or (or both) have decreased; (5) there has As previously stated, composed intrinsic characteristics and ‘‘directly been or is likely to be an increase in documents were transmitted competitive’’ articles are those articles imports of articles like or directly electronically from the subject facility to which are substantially equivalent for competitive with Merrill’s articles; (6) off-site printing facilities when commercial purposes (essentially any increase in imports contributed customers requested physical copies of interchangeable and adapted to the importantly to Plaintiffs’ separation their financial documents. Supp AR at same uses), even though the articles from Merrill and to its decline in sales 11, 17 The expanded investigation may not be substantially identical in or production; and (7) there was a shift revealed that production at all five their inherent or intrinsic in production to a foreign country of printing facilities decreased during June characteristics.
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During the remand investigation, the customers ask that the SEC filings be the Department that the plant is closing Department confirmed that the material placed on a physical medium. For those and the production is being shifted to created by the workers and produced at customers, Merrill delivered the another domestic location. the Merrill printing facilities is unique electronic creations of the plaintiffs to Since the production at the to each order. Supp. AR at 10–11, 36. an in-house printer who puts the SEC Lumberton, New Jersey location has not No two orders for one customer are alike filing in book form. Therefore, the been shifted to Mexico, this certification because the material captures legal and plaintiffs could be viewed as supporting has been terminated. financial information which is unique production of an article. The Signed at Washington, DC, this 14th day of unto itself. Similarly, one customer’s Department has determined, however, November, 2005. order cannot be intrinsically similar to that no printing was transferred to Linda G. Poole, another customer’s. Accordingly, there another country. Supp. AR at 65. Certifying Officer, Division of Trade are no articles which are ‘‘like’’ or Therefore, there was no shift of Adjustment Assistance. ‘‘directly competitive’’ to any single production of an article. ‘‘article’’ created by Merrill because [FR Doc. E5–6998 Filed 12–6–05; 8:45 am] Conclusion each electronic file is a unique BILLING CODE 4510–30–P document which is created for the sole After reconsideration on remand, I purpose of satisfying a specific affirm the original notice of negative customer’s particular need at a determination of eligibility to apply for NATIONAL AERONAUTICS AND particular point in time. Thus, there are adjustment assistance for workers and SPACE ADMINISTRATION no articles which are essentially former workers of Merrill Corporation, [05–160] interchangeable or can be adapted to the St. Paul, Minnesota. same use as a Merrill document, and Signed at Washington, DC this 17th day of Notice of Information Collection there are no articles ‘‘like or directly November 2005. competitive’’ with any Merrill ‘‘article.’’ Elliott S. Kushner, AGENCY: National Aeronautics and Space Administration (NASA). See Former Employees of Murray Certifying Officer, Division of Trade Engineering, Inc. v. Chao, 2005 WL Adjustment Assistance. ACTION: Notice of information collection. 1527642 (CIT 2005) (articles that are [FR Doc. E5–6991 Filed 12–6–05; 8:45 am] SUMMARY: The National Aeronautics and ‘‘neither interchangeable with nor BILLING CODE 4510–30–P substitutable’’ for the petitioner’s Space Administration, as part of its designs are not considered directly continuing effort to reduce paperwork competitive.) (citing Machine Printers & DEPARTMENT OF LABOR and respondent burden, invites the Engravers Ass’n v. Marshall, 595 F.2d general public and other Federal 860, 862 (DC Cir. 1979)). Since there are Employment and Training agencies to take this opportunity to no articles which are like or directly Administration comment on proposed and/or competitive with those produced by the continuing information collections, as [TA–W–57,960] subject company, there cannot be any required by the Paperwork Reduction imports, much less increased imports. Solectron Corporation a Subsidiary of Act of 1995 (Pub. L. 104–13, 44 U.S.C. Therefore, neither section 222(a)(2)(A) Selectron USA, Inc., Lumberton, NJ; 3506(c)(2)(A)). nor section 222(a)(2)(B) of the Trade Notice of Termination of Certification DATES: All comments should be Act, as amended, has been satisfied. submitted within 30 calendar days from The plaintiffs argue that the This notice terminates the the date of this publication. Certification Regarding Eligibility to Department’s interpretation ignores the ADDRESSES: All comments should be Apply for Worker Adjustment fact that the workers’ jobs were shifted addressed to the Desk Officer for NASA, Assistance and Alternative Trade to India. Supp. AR at 62. In fact, the Office of Information and Regulatory Adjustment Assistance issued by the Department recognizes that the workers’ Affairs, Room 10236, New Executive Department on October 24, 2005, jobs were shifted overseas. The Trade Office Building, Washington, DC 20503. Act, however, does not provide benefits applicable to all workers of the subject to every person whose job was shifted firm. The notice will soon be published FOR FURTHER INFORMATION CONTACT: overseas. First, there must be the shift in the Federal Register. Requests for additional information or of production of an ‘‘article,’’ which did The Department, at the request of the copies of the information collection not occur here. Supp. AR at 65 Second, State agency, reviewed the certification instrument(s) and instructions should the Trade Act requires, in a case such for workers of Solectron Corporation, a be directed to Mr. Walter Kit, Reports as this one, that there be an increase of Subsidiary of Solectron USA, Inc., Officer, Office of the Chief Information imports of articles ‘‘like or directly Lumberton, New Jersey. The workers Officer, NASA Headquarters, 300 E competitive’’ to the articles whose produce computer storage equipment. Street SW., Mail Suite JA00, production was shifted overseas. The In response to the petition filed by a Washington, DC 20546, 202–358–1350, plaintiffs argue that the ‘‘process’’ company official, the certification was [email protected]. shifted overseas was identical to the issued based on the investigation SUPPLEMENTARY INFORMATION: ‘‘process’’ that had been done in the finding that there were worker I. Abstract United States. Supp. AR at 62. However, separations and the production of it is not enough for the process to be computer storage equipment was shifted The NASA Contractor Financial ‘‘like or directly competitive.’’ As from the Lumberton, New Jersey plant Management Reporting System is the discussed above, each individual to Mexico. basic financial medium for contractor electronic document transmitted to the New information provided by an reporting of estimated and incurred United States is inherently unlike and official of Solectron Corporation to the costs, providing essential data for not competitive with any other State agency reveals that the subject projecting costs and hours to ensure that electronic transmission. firm has not shifted production of contractor performance is realistically The Department’s investigation has computer storage equipment to Mexico. planned and supported by dollar and demonstrated that some of Merrill’s The company official confirmed with labor resources. The data provided by
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these reports is an integral part of the Act of 1995 (Pub. L. 104–13, 44 U.S.C. collection techniques or the use of other Agency’s accrual accounting and cost- 3506(C)(2)(A)). forms of information technology. based budgeting systems required under DATES: All comments should be Patricia L. Dunnington, 31 U.S.C. 3512. submitted within 60 calendar days from Chief Information Officer. the date of this publication. II. Method of Collection [FR Doc. E5–7006 Filed 12–6–05; 8:45 am] ADDRESSES: All comments should be NASA collects this information BILLING CODE 7510–13–P addressed to Mr. Walter Kit, Reports electronically where feasible, but Officer, Office of the Chief Information information may also be collected by Officer, JA00, National Aeronautics and mail or fax. NATIONAL AERONAUTICS AND Space Administration, Washington, DC SPACE ADMINISTRATION III. Data 20546–0001. [05–158] Title: NASA Contractor Financial FOR FURTHER INFORMATION CONTACT: Management Reports. Requests for additional information or Notice of Information Collection OMB Number: 2700–0003. copies of the information collection Type of Review: Extension of a instrument(s) and instructions should AGENCY: National Aeronautics and currently approved collection. be directed to Mr. Walter Kit, Reports Space Administration (NASA). Affected Public: Business or other for- Officer, Office of the Chief Information ACTION: Notice of information collection. profit, Not-for-profit institutions. Officer, NASA Headquarters, 300 E Estimated Number of Respondents: Street, SW., Mail Code JA00, SUMMARY: The National Aeronautics and 850. Washington, DC 20546, (202) 358–1350, Space Administration, as part of its Estimated Time per Response: 9 hrs. [email protected]. continuing effort to reduce paperwork Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: and respondent burden, invites the general public and other Federal Hours: 91,500. I. Abstract Estimated Total Annual Cost: $0. agencies to take this opportunity to Registered educators will use the comment on proposed and/or IV. Requests for Comments survey to provide information to the continuing information collections, as Comments are invited on: (1) Whether NASA Kid’s Science News Network required by the Paperwork Reduction the proposed collection of information (KSNN), NASA Center for Distance Act of 1995 (Pub. L. 104–13, 44 U.S.C. is necessary for the proper performance Learning, to improve their products 3506(C)(2)(A)). of the functions of NASA, including such as videos, Web explanations, and DATES: All comments should be whether the information collected has hands-on activities. submitted within 30 calendar days from practical utility; (2) the accuracy of II. Method of Collection the date of this publication. NASA’s estimate of the burden ADDRESSES: All comments should be (including hours and cost) of the The survey will be electronic, addressed to the Desk Officer for NASA, proposed collection of information; (3) attached to an e-mail requesting the Office of Information and Regulatory ways to enhance the quality, utility, and educator to complete and return the Affairs, Room 10236, New Executive clarity of the information to be survey. Tabulation will be electronic, Office Building, Washington, DC 20503. looking for trends and patterns. collected; and (4) ways to minimize the FOR FURTHER INFORMATION CONTACT: burden of the collection of information III. Data Requests for additional information or on respondents, including automated Title: NASA Kid’s Science News copies of the information collection collection techniques or the use of other instrument(s) and instructions should forms of information technology. Network (KSNN). OMB Number: 2700–. be directed to Mr. Walter Kit, Reports Patricia L. Dunnington, Type of Review: New collection. Officer, Office of the Chief Information Chief Information Officer. Affected Public: State and local Officer, NASA Headquarters, 300 E [FR Doc. E5–7005 Filed 12–6–05; 8:45 am] governments, or tribal governments, and Street, SW., Mail Suite JA00, BILLING CODE 7510–13–P not-for-profit institutions. Washington, DC 20546–0001, 202–358– Estimated Number of Respondents: 1350, [email protected]. 2,100 annually. SUPPLEMENTARY INFORMATION: NATIONAL AERONAUTICS AND Estimated Total Annual Burden I. Abstract SPACE ADMINISTRATION Hours: 54. Estimated Total Annual Cost: $0. The information will be used by the [05–159] Headquarters Office of Security and IV. Request for Comments Notice of Information Collection Program Protection (OSPP) to help Comments are invited on: (1) Whether fulfill its responsibilities for facilitating AGENCY: National Aeronautics and the proposed collection of information business visits and assignments that Space Administration (NASA). is necessary for the proper performance support U.S. national interests and ACTION: Notice of information collection. of the functions of NASA, including NASA’s international program interests whether the information collected has and operational requirements, and by SUMMARY: The National Aeronautics and practical utility; (2) the accuracy of the Office of External Relations for Space Administration, as part of its NASA’s estimate of the burden export control oversight. This continuing effort to reduce paperwork (including hours and cost) of the information is collected and stored in and respondent burden, invites the proposed collection of information; (3) the NASA Foreign National general public and other Federal ways to enhance the quality, utility, and Management System (NFNMS) and will agencies to take this opportunity to clarity of the information to be be used by OSPP to determine comment on proposed and/or collected; and (4) ways to minimize the acceptability for a foreign national, or continuing information collections, as burden of the collection of information U.S. citizen representing a foreign required by the Paperwork Reduction on respondents, including automated entity, to access NASA installations or
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facilities for business or high level continuing effort to reduce paperwork clarity of the information to be protocol visit purposes. and respondent burden, invites the collected; and (4) ways to minimize the general public and other Federal burden of the collection of information II. Method of Collection agencies to take this opportunity to on respondents, including automated Respondents provide unformatted comment on proposed and/or collection techniques or the use of other information for specific data fields. Data continuing information collections, as forms of information technology. are provided orally, via a hardy copy, or required by the Paperwork Reduction Patricia L. Dunnington, e-mailed to a NASA representative who Act of 1995 (Pub. L. 104–13, 44 U.S.C. transfers the information into a database 3506(C)(2)(A)). Chief Information Officer. [FR Doc. E5–7008 Filed 12–6–05; 8:45 am] (attached is a printout of the NASA DATES: All comments should be Foreign Nationals Management System submitted within 60 calendar days from BILLING CODE 7510–13–P data entry form). To ensure data the date of this publication. security, access to the electronic data ADDRESSES: All comments should be entry form is limited to approved NASA NATIONAL ARCHIVES AND RECORDS addressed to Mr. Walter Kit, Reports employees or contractors. Direct data ADMINISTRATION Officer, Office of the Chief Information entry by respondents is not permitted. Officer, JA00, National Aeronautics and Agency Information Collection III. Data Space Administration, Washington, DC Activities: Proposed Collection; Title: NASA Foreign National Access 20546–0001. Comment Request Information. FOR FURTHER INFORMATION CONTACT: AGENCY: National Archives and Records OMB Number: 2700–. Requests for additional information or Administration (NARA). Type of Review: New collection. copies of the information collection Affected Public: Foreign nationals and instrument(s) and instructions should ACTION: Notice. NASA contractors. be directed to Mr. Walter Kit, Reports Officer, Office of the Chief Information SUMMARY: NARA is giving public notice Estimated Number of Respondents: that the agency proposes to request use 9,900 annually. Officer, NASA Headquarters, 300 E Street, SW., Mail Code JA00, of quoted reproduction orders for Estimated Time per Response: 0.5 various types of records found in their hour. Washington, DC 20546, (202) 358–1350, [email protected]. holdings. These include, but are not Estimated Total Annual Burden limited to, WW1 Draft Registration SUPPLEMENTARY INFORMATION: Hours: 4,950. Cards, Prison Records, and Estimated Total Annual Cost: $9,715/ I. Abstract Naturalization Records. The public is year. Registered educators will use the invited to comment on the proposed IV. Request for Comments survey to provide information to the information collection pursuant to the Paperwork Reduction Act of 1995. Comments are invited on: (1) Whether NASA Noticiencias, NASA Center for the proposed collection of information Distance Learning, to improve this DATES: Written comments must be is necessary for the proper performance program for Spanish speaking children. received on or before February 6, 2006 to be assured of consideration. of the functions of NASA, including II. Method of Collection whether the information collected has ADDRESSES: Comments should be sent practical utility; (2) the accuracy of The survey will be electronic, to: Paperwork Reduction Act Comments NASA’s estimate of the burden attached to an email requesting the (NHP), Room 4400, National Archives (including hours and cost) of the educator to complete and return the and Records Administration, 8601 proposed collection of information; (3) survey. Tabulation will be electronic, Adelphi Rd, College Park, MD 20740– ways to enhance the quality, utility, and looking for trends and patterns. 6001; or faxed to 301–837–3213; or clarity of the information to be III. Data electronically mailed to collected; and (4) ways to minimize the [email protected]. Title: Noticiencias NASA. burden of the collection of information FOR FURTHER INFORMATION CONTACT: on respondents, including automated OMB Number: 2700–. Type of Review: New collection. Requests for additional information or collection techniques or the use of other copies of the proposed information forms of information technology. Affected Public: State and local governments, or tribal governments, and collection and supporting statement Patricia L. Dunnington, not-for-profit institutions. should be directed to Tamee Fechhelm Chief Information Officer. Estimated Number of Respondents: at telephone number 301–837–1694, or [FR Doc. E5–7007 Filed 12–6–05; 8:45 am] 125. fax number 301–837–3213. BILLING CODE 7510–13–P Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Pursuant Hours: 4. to the Paperwork Reduction Act of 1995 Estimated Total Annual Cost: $0. (Pub. L. 104–13), NARA invites the NATIONAL AERONAUTICS AND general public and other Federal IV. Request for Comments SPACE ADMINISTRATION agencies to comment on proposed Comments are invited on: (1) Whether information collections. The comments [05–157] the proposed collection of information and suggestions should address one or Notice of Information Collection is necessary for the proper performance more of the following points: (a) of the functions of NASA, including Whether the proposed information AGENCY: National Aeronautics and whether the information collected has collection is necessary for the proper Space Administration (NASA). practical utility; (2) the accuracy of performance of the functions of NARA; ACTION: Notice of information collection. NASA’s estimate of the burden (b) the accuracy of NARA’s estimate of (including hours and cost) of the the burden of the proposed information SUMMARY: The National Aeronautics and proposed collection of information; (3) collection; (c) ways to enhance the Space Administration, as part of its ways to enhance the quality, utility, and quality, utility, and clarity of the
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information to be collected; and (d) NATIONAL SCIENCE FOUNDATION Comment: On September 15, 2005, we ways, including the use of information published in the Federal Register (70 technology, to minimize the burden of Agency Information Collection FR 54584) a 60-day notice of our intent the collection of information on Activities: Comment Request to request renewal of this information collection authority from OMB. In that respondents; and (e) whether small AGENCY: National Science Foundation. notice, we solicited public comments businesses are affected by this ACTION: Submission for OMB review; for 60 days ending November 14, 2005. collection. The comments that are comment request. submitted will be summarized and Two comments were received from the included in the NARA request for Office SUMMARY: The National Science same person in response to the public notice (the second in response to NSF’s of Management and Budget (OMB) Foundation (NSF) has submitted the reply). The comments came from B. approval. All comments will become a following information collection requirement to OMB for review and Sachau of Florham Park, NJ, via e-mail matter of public record. In this notice, on September 20, 2005 and October 12, NARA is soliciting comments clearance under the Paperwork Reduction Act of 1995, Pub. L. 104–13. 2005. Ms. Sachau objected to the concerning the following information information collection but had no collection: This is the second notice for public comment; the first was published in the specific suggestions for altering the data Title: Online Reproduction Orders for Federal Register at 70 FR 54584, and collection plans other than suggesting National Archives Records. two comments were received. NSF is that teachers could pay for their own OMB number: 3095–NEW. forwarding the proposed renewal courses. Response: We responded to Ms. Agency form number: N/A. submission to the Office of Management and Budget (OMB) for clearance Sachau on October 12, 2005 describing Type of review: Regular. simultaneously with the publication of the program and noting that these experiences are valuable for teachers Affected public: Individuals or this second notice. Comments regarding because they take back to their (a) whether the collection of information households. classrooms knowledge they gained and is necessary for the proper performance Estimated number of respondents: experiences they as a result of exposure of the functions of the agency, including 13,270. to the research component of technology whether the information will have commercialization. On October 12, 2005 Estimated time per response: 10 practical utility; (b) the accuracy of the we received a follow-up reply from Ms. minutes. agency’s estimate of burden including Sachau restating that she dislikes the the validity of the methodology and Frequency of response: On occasion. program. NSF believes that because the assumptions used; (c) ways to enhance Estimated total annual burden hours: comment does not pertain to the the quality, utility and clarity of the 2,680 hours. collection of information on the information to be collected; (d) ways to required forms for which NSF is seeking Abstract: In December, 2003, NARA minimize the burden of the collection of launched Order Online!, its online OMB approval, NSF is preceding with information on those who are to the clearance request. ordering mechanism. With the respond, including through the use of Title: Evaluation of the Research availability of an Internet-based appropriate automated, electronic, Experiences for Teachers (RET) ordering system (Order Online!), NARA mechanical, or other technological Program. has made accessible online certain collection techniques or other forms of OMB Control Number: 3145–0198. reproduction order forms (replicas of information technology should be Abstract: The Directorate for the NATF Series 80 Forms and the addressed to: Office of Information and Engineering (ENG) initiated the NATF 36). In the near future, NARA Regulatory Affairs of OMB, Attention: Research Experiences for Teachers plans to make available custom orders Desk Officer for National Science (RET) Supplements activity in FY 2001 for the remaining types of reproduction Foundation, 725—17th Street, NW., to be add-ons to active awards funded services, to allow researchers to submit Room 10235, Washington, DC 20503, by ENG programs. The intent was to reproduction orders and remit payment and to Suzanne H. Plimpton, Reports build on the popular NSF-wide electronically. Clearance Officer, National Science Research Experiences for Foundation, 4201 Wilson Boulevard, Undergraduates (REU) Supplements The information that NARA proposes Suite 295, Arlington, Virginia 22230 or activity by providing opportunities for to collect for quoted reproduction orders send e-mail to [email protected]. K–12 teachers to conduct hands-on includes the descriptive information Comments regarding these information experiences in the laboratories/facilities (information necessary to search for the collections are best assured of having of ENG-funded researchers. The records), payment information (e.g., their full effect if received within 30 assumption was that, like credit card type, credit card number, days of this notification. Copies of the undergraduates, the teachers could and expiration date), customer name, submission(s) may be obtained by benefit from involvement in research shipping and billing address, and phone calling 703–292–7556. and direct exposure to the scientific number. NARA also proposes to offer NSF may not conduct or sponsor a method, and they could transfer what customers the option of submitting their collection of information unless the they learned into classroom activities. e-mail address as a means of facilitating collection of information displays a Typically the supplements supported communication such as order currently valid OMB control number one or two teachers. Beginning in FY confirmation, status updates, and issue and the agency informs potential 2002, ENG has also funded RET Site handling. persons who are to respond to the awards, which are similar to REU Sites collection of information that such Dated: November 30, 2005. in that NSF awards fund groups of persons are not required to respond to teachers to work with faculty members L. Reynolds Cahoon, the collection of information unless it at the same institution and to engage in Assistant Archivist for Information Services. displays a currently valid OMB control group activities related to the research. [FR Doc. E5–6978 Filed 12–6–05; 8:45 am] number. In 2003, community college faculty BILLING CODE 7515–01–P SUPPLEMENTARY INFORMATION: became eligible as participants in RET
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awards. By design, all RET awards are NRC’s regulations, techniques that the Frequency Interference in Safety- made to the university in whose staff uses in evaluating specific Related Instrumentation and Control research the teachers participate. problems or postulated accidents, and Systems.’’ Regulatory Guide 1.180, The initial study of the program just data that the staff needs in its review of which the NRC issued in January 2000 concluded focused on participants in applications for permits and licenses. and revised in October 2003, addresses ENG-funded RET Supplement and Site Regulatory Guide 1.204, ‘‘Guidelines design, installation, and testing awards in 2001 through 2003. That for Lightning Protection of Nuclear practices for dealing with the effects of study resulted in modifications to the Power Plants,’’ provides guidance for EMI/RFI and power surges on safety- RET program announcement for the FY NRC licensees and applicants to use in related I&C systems. 2006 competition. The proposed follow- developing and implementing practices In Regulatory Guide 1.204, the NRC up study will be very similar to the that the staff finds acceptable for staff has selected for endorsement a total initial study and focus on teachers who complying with the agency’s regulatory of four standards issued by the Institute participated in RET during 2004 and requirements in Criterion 2, ‘‘Design of Electrical and Electronics Engineers 2005. The follow-on study will examine Bases for Protection Against Natural (IEEE), which taken together, provide how RET experience have affected Phenomena,’’ as it appears in Appendix comprehensive lightning protection participating teachers’ subsequent A, ‘‘General Design Criteria for Nuclear guidance for nuclear power plants. teaching techniques, attitudes about Power Plants,’’ to Title 10, part 50, of Specifically, the four standards are IEEE teaching, and professional development the Code of Federal Regulations (10 CFR Std. 665–1995 (reaffirmed 2001), IEEE activities. Outcomes and impacts part 50). Specifically, Criterion 2 Guide for Generating Station beyond the teachers’ own classrooms, requires, in part, that nuclear power Grounding, IEEE Std. 666–1991 such as knowledge transfer activities, plant (NPP) structures, systems, and (reaffirmed 1996), IEEE Design Guide for formal partnerships formed between the components (SSCs) that are important to Electrical Power Service Systems for RET Principal Investigators (PIs)—the safety must be designed to withstand Generating Stations, IEEE Std. 1050– awardees—and the teachers’ school the effects of natural phenomena 1996, IEEE Guide for Instrumentation system/district will also be examined. without losing their capability to and Control Equipment Grounding in The first survey found that follow-up perform their respective safety Generating Stations, and IEEE Std. interaction between PIs and teachers functions. C62.23–1995 (reaffirmed 2001), IEEE were strongly related to reported While the regulations address Application Guide for Surge Protection positive effects. Accordingly, the follow- lightning protection for safety-related of Electric Generating Plants. up study will explore this aspect of the electrical equipment, they do not In February 2005, the NRC staff experience in somewhat greater detail explicitly provide guidance concerning published a draft of this guide as Draft than was done in the first survey. The the design and installation of lightning Regulatory Guide DG–1137. Following protection systems (LPSs) to ensure that survey data collection will be done on the closure of the public comment electrical transients resulting from the World Wide Web as before. period on April 20, 2005, the staff lightning phenomena do not cause Estimate of Burden: Public reporting resolved all stakeholder comments in spurious operation safety-related burden for this collection of information the course of preparing the new systems or render them inoperable. is estimated to average 15–30 minutes Regulatory Guide 1.204. Toward that end, Regulatory Guide per response. The NRC staff encourages and 1.204 augments the regulations by Respondents: Individuals. welcomes comments and suggestions in establishing explicit guidance that is Estimated Number of Responses per connection with improvements to consistent with LPS design and Form: 456. published regulatory guides, as well as installation practices that are currently items for inclusion in regulatory guides Estimated Total Annual Burden on applied throughout the commercial Respondents: 206 hours (456 that are currently being developed. You power industry. may submit comments by any of the respondents at 15–30 minutes per The scope of the guidance includes response). following methods. protection of (1) the power plant and Mail comments to: Rules and Frequency of Response: One time. relevant ancillary facilities, with the Directives Branch, Office of Dated: December 2, 2005. boundary beginning at the service Administration, U.S. Nuclear Regulatory Suzanne H. Plimpton, entrance of buildings; (2) the plant Commission, Washington, DC 20555– Reports Clearance Officer, National Science switchyard; (3) the electrical 0001. Foundation. distribution system, safety-related Hand-deliver comments to: Rules and [FR Doc. 05–23708 Filed 12–6–05; 8:45 am] instrumentation and control (I&C) Directives Branch, Office of BILLING CODE 7555–01–M systems, communications, and Administration, U.S. Nuclear Regulatory personnel within the power plant; and Commission, 11555 Rockville Pike, (4) other important equipment in remote Rockville, Maryland 20852, between ancillary facilities that could impact NUCLEAR REGULATORY 7:30 a.m. and 4:15 p.m. on Federal safety. The scope includes signal lines, COMMISSION workdays. communication lines, and power lines, Fax comments to: Rules and Regulatory Guide: Issuance, as well as testing and maintenance. The Directives Branch, Office of Availability scope does not cover testing and design Administration, U.S. Nuclear Regulatory practices that are specifically intended Commission, at (301) 415–5144. The U.S. Nuclear Regulatory to protect safety-related I&C systems Requests for technical information Commission (NRC) has issued a new against the secondary effects of about Regulatory Guide 1.204 may be guide in the agency’s Regulatory Guide lightning discharges [i.e., low-level directed to Christina E. Antonescu at Series. This series has been developed power surges and electromagnetic and (301) 415–6792 or via e-mail to to describe and make available to the radio-frequency interference (EMI/RFI)]. [email protected]. public such information as methods that These practices are covered in Regulatory guides are available for are acceptable to the NRC staff for Regulatory Guide 1.180, ‘‘Guidelines for inspection or downloading through the implementing specific parts of the Evaluating Electromagnetic and Radio- NRC’s public Web site in the Regulatory
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Guides document collection of the Reporting Occupational Radiation Dose Guide DG–8029 on May 16, 2005. NRC’s Electronic Reading Room at Data,’’ describes an acceptable program Following the closure of the public http://www.nrc.gov/reading-rm/doc- for the preparation, retention, and comment period on July 12, 2005, the collections. Electronic copies of reporting of records of occupational staff considered all stakeholder Regulatory Guide 1.204 are also radiation doses in accordance with Title comments in the course of preparing available in the NRC’s Agencywide 10, part 20, of the Code of Federal Revision 2 of Regulatory Guide 8.7. In Documents Access and Management Regulations (10 CFR part 20), particular, the Nuclear Energy Institute System (ADAMS) at http:// ‘‘Standards for Protection Against (NEI) suggested that the NRC consider www.nrc.gov/reading-rm/adams.html, Radiation.’’ Section 20.1502 establishes deferring this revision until the under Accession No. ML052290422. ‘‘Conditions Requiring Individual completion of an anticipated In addition, regulatory guides are Monitoring of External and Internal rulemaking related to collection, available for inspection at the NRC’s Occupational Dose.’’ Specifically, 10 reporting, and posting of information (as Public Document Room (PDR), which is CFR 20.1502 requires licensees to specified in 10 CFR parts 19, 20, and located at 11555 Rockville Pike, provide radiation monitoring for all 50). However, since Regulatory Guide Rockville, Maryland; the PDR’s mailing occupationally exposed individuals 8.7 is already out of date (in relation to address is USNRC PDR, Washington, DC who might receive a dose in excess of 10 CFR 20.2206) and is used by 20555–0001. The PDR can also be the specified percentage of the limits materials licensees as well as reactor reached by telephone at (301) 415–4737 defined in 10 CFR 20.1201, 1207, or licensees, the staff decided to proceed or (800) 397–4205, by fax at (301) 415– 1208. To augment that provision, 10 with the current revision. When the 3548, and by e-mail to [email protected]. CFR 20.2106, ‘‘Records of Individual agency completes the aforementioned Requests for single copies of draft or Monitoring Results,’’ requires licensees rulemaking, the staff will once again final guides (which may be reproduced) to maintain records of the radiation update Regulatory Guide 8.7, as or for placement on an automatic exposures of all individuals for whom appropriate. The staff’s responses to all distribution list for single copies of personnel monitoring is required comments received are available in the future draft guides in specific divisions pursuant to 10 CFR 20.1502. Also, NRC’s Agencywide Documents Access should be made in writing to the U.S. according to 10 CFR 20.2104, and Management System (ADAMS) at Nuclear Regulatory Commission, ‘‘Determination of Prior Occupational http://www.nrc.gov/reading-rm/ Washington, DC 20555–0001, Attention: Dose,’’ licensees shall determine the adams.html, under Accession Reproduction and Distribution Services dose in the current monitoring year for #ML053320145. Section; by e-mail to all persons who must be monitored, and The NRC staff encourages and [email protected]; or by fax to attempt to obtain the records of welcomes comments and suggestions in (301) 415–2289. Telephone requests cumulative occupational radiation dose. connection with improvements to cannot be accommodated. In addition, 10 CFR 20.2104(b) requires published regulatory guides, as well as Regulatory guides are not that, prior to permitting an individual to items for inclusion in regulatory guides copyrighted, and Commission approval participate in a planned special that are currently being developed. You is not required to reproduce them. exposure, licensees shall determine the may submit comments by any of the (Authority: (5 U.S.C. 552(a)). internal and external doses from all following methods. previous planned special exposures, Mail comments to: Rules and Dated at Rockville, Maryland, this 30th day Directives Branch, Office of of November, 2005. and record all previous doses in excess Administration, U.S. Nuclear Regulatory For the Nuclear Regulatory Commission, of the limits received during the lifetime of the individual. Licensees are required Commission, Washington, DC 20555– Carl J. Paperiello, to maintain prior dose records on NRC 0001. Director, Office of Nuclear Regulatory Form 4 or its equivalent. Further, 10 Hand-deliver comments to: Rules and Research. CFR 20.2206, ‘‘Reports of Individual Directives Branch, Office of [FR Doc. E5–6981 Filed 12–6–05; 8:45 am] Monitoring,’’ requires certain licensees Administration, U.S. Nuclear Regulatory BILLING CODE 7590–01–P to submit to the NRC an annual report Commission, 11555 Rockville Pike, of the results of individual monitoring. Rockville, Maryland 20852, between Licensees are required to record these 7:30 a.m. and 4:15 p.m. on Federal NUCLEAR REGULATORY annual reports on NRC Form 5 or its workdays. COMMISSION equivalent. Fax comments to: Rules and Final Regulatory Guide; Issuance, The NRC is issuing this revision to Directives Branch, Office of Availability make the guide consistent with a recent Administration, U.S. Nuclear Regulatory change to 10 CFR 20.2206, which allows Commission at (301) 415–5144. The U.S. Nuclear Regulatory electronic submittal of licensees’ annual Requests for technical information Commission (NRC) has issued a revision occupational radiation dose data via the about Revision 2 of Regulatory Guide to an existing guide in the agency’s NRC’s Radiation Exposure Information 8.7 may be directed to Sheryl A. Regulatory Guide Series. This series has and Reporting System (REIRS) for Burrows at (301) 415–6086 or by e-mail been developed to describe and make Radiation Workers (a secure Web site) at to [email protected]. available to the public such information http://www.reirs.com. Other changes Regulatory guides are available for as methods that are acceptable to the include updating NRC Forms 4 and 5, inspection or downloading through the NRC staff for implementing specific and clarifying and improving the guide NRC’s public Web site in the Regulatory parts of the NRC’s regulations, to reflect licensees’ input and Guides document collection of the techniques that the staff uses in experience since the NRC issued NRC’s Electronic Reading Room at evaluating specific problems or Revision 1 of Regulatory Guide 8.7 in http://www.nrc.gov/reading-rm/doc- postulated accidents, and data that the 1992. collections/. Electronic copies of staff needs in its review of applications The NRC previously solicited public Revision 2 of Regulatory Guide 8.7 are for permits and licenses. comment on this revised guide by also available in the NRC’s Agencywide Revision 2 of Regulatory Guide 8.7, publishing a Federal Register notice (70 Documents Access and Management entitled ‘‘Instructions for Recording and FR 25865) concerning Draft Regulatory System (ADAMS) at http://
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www.nrc.gov/reading-rm/adams.html, will be unable to timely file a required Section 18(f)(1) 1 of the Investment under Accession #ML052970092. periodic report. If all filing conditions Company Act of 1940 2 (the ‘‘Investment In addition, regulatory guides are are met, the company is granted an Company Act’’) prohibits registered available for inspection at the NRC’s automatic filing extension. Form 12b–25 open-end management investment Public Document Room (PDR), which is is filed by publicly held companies. companies (‘‘funds’’) from issuing any located at 11555 Rockville Pike, Approximately 7,799 issuers file Form senior security. Rule 18f–3 under the Rockville, Maryland; the PDR’s mailing 12b–25 and it takes approximately 2.5 Act 3 exempts from section 18(f)(1) a address is USNRC PDR, Washington, DC hours per response for a total of 19,498 fund that issues multiple classes of 20555–0001. The PDR can also be burden hours. shares representing interests in the same reached by telephone at (301) 415–4737 portfolio of securities (a ‘‘multiple class or (800) 397–4205, by fax at (301) 415– Written comments are invited on: (a) fund’’) if the fund satisfies the 3548, and by e-mail to [email protected]. Whether this proposed collection of conditions of the rule. In general, each Requests for single copies of draft or information is necessary for the proper class must differ in its arrangement for final guides (which may be reproduced) performance of the functions of the shareholder services or distribution or or for placement on an automatic agency, including whether the both, and must pay the related expenses distribution list for single copies of information will have practical utility; of that different arrangement. future draft guides in specific divisions (b) the accuracy of the agency’s estimate The rule includes one requirement for should be made in writing to the U.S. of the burden of the collection of the collection of information. A Nuclear Regulatory Commission, information; (c) ways to enhance the multiple class fund must prepare, and Washington, DC 20555–0001, Attention: quality, utility, and clarity of the fund directors must approve, a written Reproduction and Distribution Services information collected; and (d) ways to plan setting forth the separate Section; by e-mail to minimize the burden of the collection of arrangement and expense allocation of [email protected]; or by fax to information on respondents, including each class, and any related conversion (301) 415–2289. Telephone requests through the use of automated collection features or exchange privileges (‘‘rule cannot be accommodated. techniques or other forms of information 18f–3 plan’’).4 Approval of the plan Regulatory guides are not technology. Consideration will be given must occur before the fund issues any copyrighted, and Commission approval to comments and suggestions submitted shares of multiple classes and whenever is not required to reproduce them. in writing within 60 days of this the fund materially amends the plan. In publication. approving the plan, a majority of the (Authority: (5 U.S.C. 552(a)). Please direct your written comments fund board, including a majority of the Dated at Rockville, Maryland, this 30th day fund’s independent directors, must of November, 2005. to R. Corey Booth, Director/Chief Information Officer, Office of determine that the plan is in the best For the U.S. Nuclear Regulatory interests of each class and the fund as Commission. Information Technology, Securities and Exchange Commission, 100 F Street, a whole. Carl J. Paperiello, The requirement that the fund prepare NE., Washington, DC 20549. Director, Office of Nuclear Regulatory and directors approve a written rule Research. Dated: November 30, 2005. 18f–3 plan is intended to ensure that the [FR Doc. E5–6984 Filed 12–6–05; 8:45 am] Jonathan G. Katz, fund compiles information relevant to BILLING CODE 7590–01–P Secretary. the fairness of the separate arrangement [FR Doc. E5–6979 Filed 12–6–05; 8:45 am] and expense allocation for each class, and that directors review and approve BILLING CODE 8010–01–P SECURITIES AND EXCHANGE the information. Without a blueprint COMMISSION that highlights material differences SECURITIES AND EXCHANGE among classes, directors might not Proposed Collection; Comment COMMISSION perceive potential conflicts of interests Request when they determine whether the plan is in the best interests of each class and Upon Written Request, Copies Available Proposed Collection; Comment Request the fund. In addition, the plan may be From: Securities and Exchange useful to Commission staff in reviewing Commission, Office of Filings and the fund’s compliance with the rule. Information Services, Washington, DC Upon Written Request, Copies Available From: Securities and Exchange There are approximately 1,142 20549. 5 Commission, Office of Filings and multiple class funds. Based on a review Extension: Form 12b–25; OMB Control of typical rule 18f–3 plans, the No. 3235–0058; SEC File No. 270– Information Services, Washington, DC 20549. Commission’s staff estimates that the 71. 1,142 funds together make an average of Notice is hereby given that pursuant Extension: Rule 18f–3; SEC File No. 270–385; 571 responses each year to prepare and to the Paperwork Reduction Act of 1995 OMB Control No. 3235–0441 approve a written rule 18f–3 plan, (44 U.S.C. 3501 et seq.) the Securities requiring approximately 10 hours per Notice is hereby given that, pursuant and Exchange Commission response and a total of 5,710 burden to the Paperwork Reduction Act of 1995 (‘‘Commission’’) is soliciting comments hours per year in the aggregate.6 The on the collection of information (44 U.S.C. 3501–3520), the Securities summarized below. The Commission and Exchange Commission (the 1 15 U.S.C. 80a–18(f)(1). plans to submit this existing collection ‘‘Commission’’) is soliciting comments 2 15 U.S.C. 80a. of information to the Office of on the collections of information 3 17 CFR 270.18f–3. Management and Budget for extension summarized below. The Commission 4 Rule 18f–3(d). 5 and approval. plans to submit these existing This estimate is based on data from Form N– collections of information to the Office SAR, the semi-annual report that funds file with the The purpose of Form 12b–25 is to Commission. of Management and Budget (‘‘OMB’’) for provide notice to the Commission and 6 The estimate reflects the assumption that each the marketplace that a public company extension and approval. multiple class fund prepares and approves a rule
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staff estimates that preparation of the information has practical utility; (b) the and registration on the Pacific rule 18f–3 plan may require 4 hours of accuracy of the Commission’s estimate Exchange, Inc. (‘‘PCX’’). the services of an attorney or accountant of the burdens of the collections of The Board of Directors (‘‘Board’’) of employed by the firm, at a cost of information; (c) ways to enhance the the Issuer approved a resolution on June approximately $140 per hour for quality, utility, and clarity of the 16, 2005 to withdraw the Securities professional time,7 and approval of the information collected; and (d) ways to from PCX. The Issuer stated that the plan may require 1 hour of the attention minimize the burdens of the collections Board determined that it is in the best of each of 6 directors, at a cost of of information on respondents, interest of the Issuer and its approximately $635 per hour per including through the use of automated stockholders to withdraw the Securities director.8 The staff therefore estimates collection techniques or other forms of from PCX to avoid the direct and that the aggregate annual cost of information technology. Consideration indirect costs associated with the listing complying with the paperwork will be given to comments and of the Securities on PCX since the requirements of the rule is suggestions submitted in writing within Securities are listed and traded on the approximately $2,495,270 ((4 hours × 1 60 days of this publication. New York Stock Exchange, Inc. professional × 571 responses × $140) + (‘‘NYSE’’). Please direct your written comments (1 hour × 6 directors × 571 responses × The Issuer stated in its application to R. Corey Booth, Director/Chief $635)). that it has complied with applicable The estimated annual burden of 5,710 Information Officer, Office of rules of PCX by providing PCX with the hours represents an increase of 937 Information Technology, Securities and required documents governing the hours over the prior estimate of 4,773 Exchange Commission, 100 F Street, withdrawal of securities from listing hours. The increase in burden hours is NE., Washington, DC 20549. and registration on PCX. The Issuer’s attributable to a change in estimates of Dated: November 29, 2005. application relates solely to the the number of multiple class funds that Jonathan G. Katz, withdrawal of the Securities from listing on PCX and shall not affect its are subject to the rule based on recent Secretary. Commission filings. For the most part, continued listing on NYSE or its [FR Doc. E5–6980 Filed 12–6–05; 8:45 am] however, most funds require less time to obligation to be registered under section prepare the rule 18f–3 plans because BILLING CODE 8010–01–P 12(b) of the Act.3 they only need to amend existing plans. Any interested person may, on or The estimate of average burden hours before December 23, 2005, comment on is made solely for the purposes of the SECURITIES AND EXCHANGE the facts bearing upon whether the Paperwork Reduction Act. The estimate COMMISSION application has been made in is not derived from a comprehensive or accordance with the rules of PCX, and Issuer Delisting; Notice of Application even a representative survey or study of what terms, if any, should be imposed of Applera Corporation To Withdraw Its the costs of Commission rules. by the Commission for the protection of Applera Corporation-Applied Complying with this collection of investors. All comment letters may be Biosystems Group Common Stock information requirement is mandatory. submitted by either of the following $.01 Par Value, Together With Rights Responses will not be kept confidential. methods: An agency may not conduct or sponsor, To Purchase Series A Participating Electronic Comments and a person is not required to respond Junior Preferred Stock, $.01 Par Value, to, a collection of information unless it and Applera Corporation-Celera • Send an e-mail to rule- displays a currently valid control Genomics Group Common Stock, $.01 [email protected]. Please include the number. Par Value, Together With Rights To File Number 1–04389 or; Purchase Series B Participating Junior Written comments are invited on: (a) Paper Comments Whether the collections of information Preferred Stock, $.01 Par Value, From are necessary for the proper Listing and Registration on the Pacific • Send paper comments in triplicate performance of the functions of the Exchange, Inc. File No. 1–04389 to Jonathan G. Katz, Secretary, Commission, including whether the Securities and Exchange Commission, December 1, 2005. 100 F Street, NE.,Washington, DC 18f–3 plan every two years when issuing a new On November 14, 2005, Applera 20549–9303. class or amending a plan (or that 571 of all 1,142 Corporation, a Delaware corporation All submissions should refer to File funds prepare and approve a plan each year). The (‘‘Issuer’’), filed an application with the estimate assumes that the time required to prepare Number 1–04389. This file number a plan is 4 hours per plan (or 2,284 hours for 571 Securities and Exchange Commission should be included on the subject line funds annually), and the time required to approve (‘‘Commission’’), pursuant to section if e-mail is used. To help us process and a plan is an additional 1 hour per director per plan 12(d) of the Securities Exchange Act of review your comments more efficiently, (or 3,426 hours for 571 funds annually (assuming 1 6 directors per fund)). 1934 (‘‘Act’’) and Rule 12d2–2(d) please use only one method. The 2 7 Hourly rates are derived from salary information thereunder, to withdraw its Applera Commission will post all comments on compiled by the Securities Industry Association. Corporation-Applied Biosystems Group the Commission’s Internet Web site We used the annual salary listed for the Deputy common stock $.01 par value, together (http://www.sec.gov/rules/delist.shtml). General Counsel position, adjusted upward by 35% with rights to purchase series A to reflect possible overhead costs and employee Comments are also available for public benefits, to make our estimate. See Securities participating junior preferred stock, $.01 inspection and copying in the Industry Association, Report on Management and par value, and Applera Corporation- Commission’s Public Reference Room. Professional Earnings in the Securities Industry Celera Genomics Group common stock, All comments received will be posted (2004) (available in part at http:// www.careerjournal.com/salaryhiring (last visited $.01 par value, together with rights to without change; we do not edit personal Nov. 17, 2005)). purchase series B participating junior identifying information from 8 Hourly rates are based on previous estimates, preferred stock, $.01 par value submissions. You should submit only adjusted to reflect a 27% reported increase in (collectively ‘‘Securities’’), from listing information that you wish to make compensation during the 2003–2004 period. See Management Practice Inc. Bulletin: More Meetings available publicly. Means More Pay for Fund Directors (April 2005) 1 15 U.S.C. 78l(d). (available at http://www.mfgovern.com). 2 17 CFR 240.12d2–2(d). 3 15 U.S.C. 781(b).
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The Commission, based on the Any interested person may, on or will hold the following meeting during information submitted to it, will issue before December 23, 2005, comment on the week of December 12, 2005: an order granting the application after the facts bearing upon whether the An Open Meeting will be held on the date mentioned above, unless the application has been made in Wednesday, December 14, 2005 at 10 Commission determines to order a accordance with the rules of Amex, and a.m. in Room L–002, the Auditorium. hearing on the matter. what terms, if any, should be imposed The subject matter of the Open For the Commission, by the Division of by the Commission for the protection of Meeting scheduled for Wednesday, Market Regulation, pursuant to delegated investors. All comment letters may be December 14, 2005 will be: authority.4 submitted by either of the following methods: 1. The Commission will consider whether Jonathan G. Katz, to propose a new rule that would enable a Secretary. Electronic Comments foreign private issuer meeting specified [FR Doc. E5–6982 Filed 12–6–05; 8:45 am] • Use the Commission’s Internet conditions to terminate its Exchange Act BILLING CODE 8010–01–P registration and reporting obligations under comment form (http://www.sec.gov/ section 12(g) regarding a class of equity rules/delist.shtml ); or securities as well as terminate permanently • Send an e-mail to rule- SECURITIES AND EXCHANGE its section 15(d) reporting obligations [email protected]. Please include the COMMISSION regarding a class of equity or debt securities. File Number 1–08966 or; The Commission will also consider whether Issuer Delisting; Notice of Application to propose a rule amendment that would Paper Comments: apply the exemption from Exchange Act of SJW Corp. To Withdraw Its Common • Send paper comments in triplicate registration under Rule 12g3–2(b) to a class Stock, $1.042 Par Value, From Listing to Jonathan G. Katz, Secretary, of equity securities immediately upon the and Registration on the American Securities and Exchange Commission, effective date of the issuer’s termination of Stock Exchange LLC File No. 1–08966 100 F Street, NE., Washington, DC effectiveness regarding that class of 20549–9303. securities. December 1, 2005. For further information, please contact On November 10, 2005, SJW Corp., a All submissions should refer to File Elliot Staffin, Special Counsel, Office of California corporation (‘‘Issuer’’), filed Number 1–08966. This file number International Corporate Finance, Division of an application with the Securities and should be included on the subject line Corporation Finance at (202) 551–3450. Exchange Commission (‘‘Commission’’), if e-mail is used. To help us process and 2. The Commission will consider whether to adopt amendments to the ‘‘accelerated pursuant to section 12(d) of the review your comments more efficiently, please use only one method. The filer’’ definition in Rule 12b–2 of the Securities Exchange Act of 1934 Securities Exchange Act of 1934 to ease some 1 Commission will post all comments on (‘‘Act’’) and Rule 12d2–2(d) of the current restrictions on the exit of thereunder,2 to withdraw its common the Commission’s Internet Web site companies from accelerated filer status. The stock, $1.042 par value (‘‘Security’’), (http://www.sec.gov/rules/delist.shtml). Commission will also consider adopting from listing and registration on the Comments are also available for public amendments that would amend the final American Stock Exchange LLC inspection and copying in the phase-in of the Form 10–K and Form 10–Q (‘‘Amex’’). Commission’s Public Reference Room. accelerated filing deadlines that is scheduled to take effect next year. Accelerated filers On October 27, 2005, the Board of All comments received will be posted without change; we do not edit personal currently are scheduled to become subject to Directors (‘‘Board’’) of the Issuer a 60-day filing deadline for their Form 10– approved a resolution to withdraw the identifying information from submissions. You should submit only K annual reports filed for fiscal years ending Security from listing on Amex. The on or after December 15, 2005, and a 35-day information that you wish to make Board decided that it is in the best deadline for the three subsequently filed interest of the Issuer to list the Security available publicly. quarterly reports on Form 10–Q. The Commission, based on the on the New York Stock Exchange For further information, please contact information submitted to it, will issue (‘‘NYSE’’). In order to avoid the direct Katherine Hsu, Special Counsel, Office of an order granting the application after and indirect costs and the division of Rulemaking, Division of Corporation the date mentioned above, unless the Finance, at (202) 551–3430. the market resulting from dual listing on Commission determines to order a 3. The Commission will consider whether Amex and NYSE, the Board decided to hearing on the matter. to propose amendments to the best-price rule withdraw the Security from listing on for issuer and third-party tender offers under Amex. For the Commission, by the Division of the Securities Exchange Act of 1934. The The Issuer stated in its application Market Regulation, pursuant to delegated proposed amendments would clarify that the authority.4 that it has met the requirements of best-price rule applies only with respect to Amex Rule 18 by complying with all Jonathan G. Katz, the consideration offered and paid for applicable laws in effect in the State of Secretary. securities tendered in a tender offer and [FR Doc. E5–6983 Filed 12–6–05; 8:45 am] should not apply to consideration offered California, in which it is incorporated, and paid according to employment and provided written notice of BILLING CODE 8010–01–P compensation, severance or other employee withdrawal to Amex. benefit arrangements entered into with The Issuer’s application relates solely employees or directors of the company that SECURITIES AND EXCHANGE to the withdrawal of the Security from is the target of a third-party tender offer. COMMISSION listing on the Amex, and shall not affect For further information, please contact its continued listing on the NYSE or its Mara L. Ransom, Special Counsel, Office of Sunshine Act Meeting Mergers & Acquisitions, Division of obligation to be registered under section Corporation Finance at (202) 551–3440. 3 Notice is hereby given, pursuant to 12(b) of the Act. At times, changes in Commission priorities the provisions of the Government in the require alterations in the scheduling of 4 17 CFR 200.30–3(a)(1). Sunshine Act, Pub. L. 94–409, that the meeting items. For further information and to 1 15 U.S.C. 78l(d). Securities and Exchange Commission ascertain what, if any, matters have been 2 17 CFR 240.12d2–2(d). added, deleted or postponed, please contact: 3 15 U.S.C. 78l(b). 4 17 CFR 200.30–3(a)(1). The Office of the Secretary at (202) 551–5400.
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Dated: December 2, 2005 any comments it received on the in general, to protect investors and the Jonathan G. Katz, proposed rule change. The text of these public interest. statements may be examined at the Secretary. B. Self-Regulatory Organization’s [FR Doc. 05–23783 Filed 12–5–05; 10:51 pm] places specified in Item IV below. The Statement on Burden on Competition BILLING CODE 8010–01–P Exchange has prepared summaries, set forth in sections A, B, and C below, of The Exchange does not believe that the most significant aspects of such the proposed rule change will impose SECURITIES AND EXCHANGE statements. any burden on competition that is not COMMISSION necessary or appropriate in furtherance A. Self-Regulatory Organization’s of the purposes of the Act. [Release No. 34–52860; File No. SR–CBOE– Statement of the Purpose of, and 2005–100] Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s Change Statement on Comments on the Self-Regulatory Organizations; Proposed Rule Change Received From Chicago Board Options Exchange, 1. Purpose Members, Participants or Others Incorporated; Notice of Filing and No written comments were solicited Immediate Effectiveness of Proposed On November 18, 2005, the or received with respect to the proposed Rule Change Relating to Obligations of Commission approved CBOE’s proposal rule change. Designated Primary Market Makers to remove a DPM’s obligation to execute During the Implementation of the PAR orders as an agent, including as a floor III. Date of Effectiveness of the Official Program broker, in its allocated securities on the Proposed Rule Change and Timing for Exchange in any trading station and to Commission Action November 30, 2005. allow the Exchange to appoint an The foregoing proposed rule change Pursuant to section 19(b)(1) of the Exchange employee or independent Securities Exchange Act of 1934 has become effective pursuant to section contractor (‘‘PAR Official’’) to assume 10 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 19(b)(3)(A) of the Act and Rule 19b– many of the functions and obligations 11 notice is hereby given that on November 4(f)(6) thereunder because the that DPMs previously held (‘‘PAR proposed rule change does not (i) 22, 2005, the Chicago Board Options Official proposal’’).6 A specific Exchange, Incorporated (‘‘Exchange’’ or significantly affect the protection of provision of rules approved in investors or the public interest; (ii) ‘‘CBOE’’) filed with the Securities and connection with the PAR Official Exchange Commission (‘‘Commission’’) impose any significant burden on proposal gives the Exchange up to competition; or (iii) become operative the proposed rule change as described ninety days to implement the PAR in Items I and II below, which Items for 30 days from the date on which it Official proposal.7 Because this ninety- have been prepared by the Exchange. was filed, or such shorter time as the day implementation provision could CBOE has designated this proposal as Commission may designate. In addition, mean that some DPMs will continue to non-controversial under section the Exchange provided the Commission be required to represent orders as agents 19(b)(3)(A)(iii) of the Act 3 and Rule with written notice of its intent to file in their allocated securities, those DPMs 19b–4(f)(6) thereunder,4 which renders the proposed rule change, along with a the proposed rule change effective upon must still be subject to the same brief description and text of the filing with the Commission. The obligations that governed DPM proposed rule change, at least five Commission is publishing this notice to operations prior to the approval of the business days prior to the date of the solicit comments on the proposed rule PAR Official proposal. As such, the filing of the proposed rule change as 12 change from interested persons. Exchange has incorporated those required by Rule 19b–4(f)(6). obligations into a regulatory circular Pursuant to Rule 19b–4(f)(6)(iii) under I. Self-Regulatory Organization’s that will govern the operations of those the Act,13 the proposal does not become Statement of the Terms of Substance of DPMs that were not immediately operative until 30 days after the date of the Proposed Rule Change included in the PAR Official conversion its filing, or such shorter time as the The Exchange proposes to issue a as of November 18, 2005. These rules Commission may designate if consistent regulatory circular that will subject and obligations, as provided in the with the protection of investors and the certain Designated Primary Market regulatory circular attached hereto as public interest. The Exchange has Makers (‘‘DPMs’’) to obligations that Exhibit A, were adopted directly from requested that the Commission waive were removed upon the approval of the the now-former DPM rules. the 30-day operative delay so that the 5 proposed rule change becomes effective Exchange’s PAR Official proposal. The 2. Statutory Basis text of the proposed regulatory circular immediately. The Commission believes is attached hereto as Exhibit A. The Exchange believes that the that waiving the 30-day operative delay is consistent with the protection of II. Self-Regulatory Organization’s proposed rule change is consistent with section 6(b) 8 of the Act in general, and investors and the public interest. The Statement of the Purpose of, and Commission notes that granting this Statutory Basis for, the Proposed Rule furthers the objectives of section 9 waiver will ensure that DPMs not Change 6(b)(5) in particular, in that it is designed to promote just and equitable immediately subject to the new rules In its filing with the Commission, the principles of trade, to prevent approved recently in connection with the PAR Official proposal will continue Exchange included statements fraudulent and manipulative acts, and, concerning the purpose of, and basis for, to be subject to appropriate regulation. the proposed rule change and discussed Therefore, the Commission has 6 See Securities Exchange Act Release No. 52798 (November 18, 2005), 70 FR 71344 (November 28, determined to waive the 30-day delay 1 15 U.S.C. 78s(b)(1). 2005). 2 17 CFR 240.19b–4. 7 See Interpretation and Policy .01 to CBOE Rule 10 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A)(iii). 7.12. 11 17 CFR 240.19b–4(f)(6). 4 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78f(b). 12 Id. 5 See infra note 6 and accompanying text. 9 15 U.S.C. 78f(b)(5). 13 17 CFR 240.19b–4(f)(6)(iii).
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and to allow the proposed rule change without change; the Commission does program. Therefore, until a PAR Official to become operative immediately.14 not edit personal identifying is put in place in a particular DPM At any time within 60 days of the information from submissions. You trading crowd during this 90-day filing of the proposed rule change, the should submit only information that transition period, the DPM in that Commission may summarily abrogate you wish to make available publicly. All trading crowd will continue to be such rule change if it appears to the submissions should refer to File responsible to operate the PAR Commission that such action is Number SR–CBOE–2005–100 and workstation and will continue to be necessary or appropriate in the public should be submitted on or before subject to the same agency obligations interest, for the protection of investors, December 28, 2005. as set forth under former Rule 8.85(b) or otherwise in furtherance of the For the Commission, by the Division of and to other obligations applicable to 15 purposes of the Act. Market Regulation, pursuant to delegated DPMs under current and former 16 Exchange rules. These rules and IV. Solicitation of Comments authority. Jonathan G. Katz, regulations are provided below: Interested persons are invited to * * * * * submit written data, views, and Secretary. arguments concerning the foregoing, Exhibit A—Chicago Board Options DPM Obligations including whether the proposed rule Exchange, Incorporated Regulatory (a) General Obligations. Each DPM change is consistent with the Act. Circular RG05–xx shall fulfill all of the obligations of a Comments may be submitted by any of Date: November 18, 2005. Floor Broker or Order Book Official (to the following methods: To: Members and Member Firms. the extent that the DPM acts as a Floor Electronic Comments From: Legal Division; Regulatory Broker) under the Rules, and shall satisfy each of the requirements • Use the Commission’s Internet Division; Trading Operations Division Re: DPM Obligations Until the contained in this paragraph, in respect comment form (http://www.sec.gov/ Implementation of the PAR Official of each of the securities allocated to the rules/sro.shtml); or • Program DPM. To the extent that there is any Send an e-mail to rule- inconsistency between the specific [email protected]. Please include File On November 18, 2005, the Securities and Exchange Commission (‘‘SEC’’) obligations of a DPM set forth in No. SR–CBOE–2005–100 on the subject subparagraphs (b) through (i) of this line. approved a CBOE rule change, SR– CBOE–2005–46 (‘‘rule change’’ or ‘‘PAR Rule and the general obligations of a Paper Comments Official rule change’’), that, among other Floor Broker or of an Order Book Official under the Rules, subparagraphs • Send paper comments in triplicate things, (1) prohibits a DPM from (b) through (i) of this Rule shall govern. to Jonathan G. Katz, Secretary, executing orders as an agent or Floor Broker in its allocated option classes (b) Display Obligation. Each DPM Securities and Exchange Commission, shall display immediately the full price 100 F Street, NE., Washington, DC and (2) eliminates the authority of a DPM to act in any other way as a Floor and size of any customer limit order that 20549–9303. improves the price or increases the size All submissions should refer to File Broker in those classes.17 Rule 8.8 and Rule 8.85(b) now prevent a DPM from of the best disseminated CBOE quote. Number SR–CBOE–2005–100. This file ‘‘Immediately’’ means, under normal number should be included on the representing or executing orders for other persons in the DPM’s assigned market conditions, as soon as subject line if e-mail is used. To help the practicable but no later than 30-seconds Commission process and review your option classes. Once the rule change goes into effect in a particular options after receipt (‘‘30-second standard’’) by comments more efficiently, please use the DPM. The term ‘‘customer limit class, the DPM assigned to that option only one method. The Commission will order’’ means an order to buy or sell a class will lose the ability to take custody post all comments on the Commissions listed option at a specified price that is of or handle orders for other persons in Internet Web site (http://www.sec.gov/ not for the account of either a broker or that option class, including through rules/sro.shtml). Copies of the dealer; provided, however, that the term operation of the PAR terminal. The rule submission, all subsequent customer limit order shall include an change authorizes the Exchange to amendments, all written statements order transmitted by a broker or dealer assign to an Exchange employee or with respect to the proposed rule on behalf of a customer. The following subcontractor known as a PAR Official, change that are filed with the are exempt from the Display Obligation the responsibility, among other things, Commission, and all written as set forth under this provision: communications relating to the to operate the PAR workstation for (A) An order executed upon receipt; proposed rule change between the designated option classes, to maintain (B) An order where the customer who Commission and any person, other than the book in those classes, to represent placed it requests that it not be those that may be withheld from the orders to be sent via Intermarket Option displayed, and upon receipt of the public in accordance with the Linkage in those classes, and to effect order, the DPM announces in public provisions of 5 U.S.C. 552, will be executions of agency orders placed with outcry the information concerning the available for inspection and copying in the PAR Official in those classes. order that would be displayed if the the Commission’s Public Reference The rule change allows the Exchange order were subject to being displayed; Room. Copies of such filing also will be to put PAR Officials in place in DPM (C) An order for which immediately available for inspection and copying at trading crowds during a 90-day period upon receipt a related order for the the principal office of the CBOE. All after the SEC approves the rule change. principal account of a DPM reflecting comments received will be posted This provision is intended to insure a the terms of the customer order is smooth roll-out of the PAR Official routed to another options exchange that 14 For purposes only of waiving the operative is a participant in the Intermarket 16 delay of this proposal, the Commission notes that 17 CFR 200.30–3(a)(12). Options Linkage Plan; it has considered the proposed rule’s impact on 17 Please refer to the rule change and the SEC efficiency, competition, and capital formation. 15 order approving the rule change, which both can be (D) The following orders as defined in U.S.C. 78c(f). found on the Exchange’s Web site at http:// Rule 6.53: contingency orders; One- 15 15 U.S.C. 78s(b)(3)(C). www.cboe.org/Legal/filings.aspx. cancels-the-other orders; all or none
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orders; fill or kill orders; immediate or approval no later than three minutes respect to non-DPM members of the cancel orders; complex orders (e.g., after deactivation. trading crowd as responsible brokers or spreads, straddles, combinations); and (i) The Exchange may make personnel dealers. stock-option orders; available to assist a DPM in the DPM’s * * * * * (E) Orders received before or during a performance of the obligations of an trading rotation (as defined in Rule 6.2, Order Book Official, for which the Linkage Rules 6.2A, and 6.2B), including Opening Exchange may charge the DPM a Only with respect to any DPM Rotation Orders as defined in Rule reasonable fee. continuing to represent and execute 6.53(l), are exempt from the 30-second * * * * * orders as agent pursuant to this standard, however, they must be Regulatory Circular, Rule 6.80 RAES Operations displayed immediately upon conclusion (‘‘Definitions’’) paragraph (12)(i) shall of the applicable rotation; and DPMs will still be responsible for read as follows: (F) Large Sized Orders: Orders for non-automated handling of orders ‘‘Principal Acting as Agent (‘P/A’) more than 100 contracts, unless the routed to the PAR workstation pursuant Order,’’ which is an order for the customer placing such order requests to Rule 6.8(d)(vi) and Interpretation and principal account of a Market-Maker (or that the order be displayed. Policy .02(b) of Rule 6.8. equivalent entity on another Participant (c) A DPM shall not remove from the * * * * * Exchange that is authorized to represent public order book any order placed in Customer orders) reflecting the terms of the book unless (A) the order is Priority of Bids and Offers and Priority a related unexecuted Customer order for canceled, expires, or is executed or (B) of Allocation of Trades which the Market-Maker is acting as the DPM returns the order to the DPMs shall be required to comply agent. member that placed the order with the with those provisions of Rule 6.45, * * * * * DPM in response to a request from that 6.45A, and 6.45B, that are now assigned member to return the order; to PAR Officials. DPM Designees (d) A DPM shall accord priority to any customer order which the DPM * * * * * The DPM must continue to maintain represents as agent over the DPM’s Timing of Firm Quote Obligations in a the requisite number of approved DPM principal transactions, unless the DPM Trading Crowd With Respect to Designees, as defined under Rule 8.81. customer who placed the order has Firm Disseminated Market Quotes Additionally, these DPM Designees consented to not being accorded such must continue to be registered as a Floor In Non-Hybrid classes, for purposes of priority; Broker pursuant to Rule 6.71. A DPM (e) A DPM shall not charge any determining when the firm quote Designee also shall continue to be brokerage commission with respect to: obligations under Rule 8.51 attach in restricted from trading as a Floor Broker (1) The execution of any portion of an respect of orders received at a PAR in securities allocated to the DPM order for which the DPM has acted as workstation in a DPM trading crowd unless acting on behalf of the DPM in both agent and principal, unless the and how the exemptions to that its capacity as a DPM. customer who placed the order has obligation provided in paragraph (e) of Finally, when acting on behalf of a consented to paying a brokerage that Rule apply, the responsible broker DPM in its capacity as a DPM, the DPM commission to the DPM with respect to or dealer shall be deemed to receive an Designee is exempt from the provisions the DPM’s execution of the order while order, and an order shall be deemed to of Rule 8.8 (‘‘Restriction on Acting as acting as both agent and principal; or be presented to the responsible broker Market-Maker and Floor Broker’’). (See (2) Any portion of an order for which or dealer, at the time the order is former Rule 8.81(e)). received on the DPM’s PAR workstation. the DPM was not the executing floor * * * * * broker, including any portion of the In Hybrid classes, for purposes of order that is automatically executed determining when the firm quote Rule 17.50. Imposition of Fines for through an Exchange system; or obligations under Rule 8.51 attach with Minor Rule Violations (3) Any portion of an order that is respect to orders received at a PAR workstation in a DPM trading crowd DPMs shall be subject to a fine for automatically cancelled, or; failure to promptly book and display (4) Any portion of an order that is not and how the exemptions to that limit orders that would improve the executed and not cancelled. obligation provided in paragraph (e) of (f) A DPM shall act as a Floor Broker that rule apply, the responsible broker disseminated quote or for failure to use to the extent required by the MTS or dealer shall be deemed to receive an due diligence in the execution of orders Committee. order, and an order shall be deemed for which the DPM maintains an agency (g) A DPM shall not represent presented to the responsible broker or obligation. discretionary orders as a Floor Broker or dealer: * * * * * otherwise. (i) At the time the order is announced Summary (h) Autobook Pilot. A DPM shall to the trading crowd with respect to maintain and keep active on the DPM’s each responsible broker or dealer that is After the rule change has been PAR workstation at all times the not the DPM for the class; and approved and until the end of the 90- automated limit order display facility (ii) At the time the order is received day trading period, neither a DPM (‘‘Autobook’’) provided by the on PAR with respect to the DPM as the assigned to a trading crowd nor the Exchange. The appropriate Exchange responsible broker or dealer. Exchange shall be subject to the Floor Procedure Committee will As such, firm quote obligations for an provisions of the rule change with determine the Autobook timer in all order received on a PAR workstation respect to the operation of that trading classes under that Committee’s may attach at two separate times for crowd until a PAR Official has been jurisdiction. A DPM may deactivate different responsible broker or dealers: assigned to that trading crowd. Autobook as to a class or classes at the time of receipt with respect to the Questions pertaining to this provided that Floor Official approval is DPM as a responsible broker or dealer Regulatory Circular should be directed obtained. The DPM must obtain such and at the time of announcement with to Jim Flynn at (312) 786–7070; Doug
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Beck at (312) 786–7959; or John Expedited Resolution 002bn, Intended authorizing Continental to provide Johnston at (312) 786–7303. effective date: 1 January 2006. scheduled foreign air transportation of [FR Doc. E5–6986 Filed 12–6–05; 8:45 am] persons, property and mail between Renee V. Wright, New York/Newark, NJ, and Cali and BILLING CODE 8010–01–P Program Manager, Docket Operations, Medellin, Colombia and to integrate this Federal Register Liaison. authority with other authority held by [FR Doc. E5–6988 Filed 12–6–05; 8:45 am] Continental. BILLING CODE 4910–62–P DEPARTMENT OF TRANSPORTATION Renee V. Wright, Office of the Secretary Program Manager, Docket Operations, DEPARTMENT OF TRANSPORTATION Federal Register Liaison. Aviation Proceedings, Agreements [FR Doc. E5–6989 Filed 12–6–05; 8:45 am] Office of the Secretary Filed the Week Ending November 18, BILLING CODE 4910–62–P 2005 Notice of Applications for Certificates The following Agreements were filed of Public Convenience and Necessity DEPARTMENT OF TRANSPORTATION with the Department of Transportation and Foreign Air Carrier Permits Filed under the Sections 412 and 414 of the Under Subpart B (Formerly Subpart Q) Federal Highway Administration Federal Aviation Act, as amended (49 During the Week Ending November 18, Environmental Impact Statement: U.S.C. 1382 and 1384) and procedures 2005 Sullivan County, TN governing proceedings to enforce these The following Applications for provisions. Answers may be filed within Certificates of Public Convenience and AGENCY: Federal Highway 21 days after the filing of the Necessity and Foreign Air Carrier Administration (FHWA), DOT. application. Permits were filed under subpart B ACTION: Notice of intent Docket Number: OST–2005–23066. (formerly subpart Q) of the Department SUMMARY: The FHWA is issuing this Date Filed: November 15, 2005. of Transportation’s Procedural notice to advise the public that an Parties: Members of the International Regulations (See 14 CFR 301.201 et. environmental impact statement will be Air Transport Association. seq.). The due date for Answers, Subject: TC31 North and Central prepared for the proposed extension of Conforming Applications, or Motions to SR–357 in Sullivan County, Tennessee. Pacific, Bangkok, 24 October–1 Modify Scope are set forth below for FOR FURTHER INFORMATION CONTACT: November 2005, TC3-Central, South each application. Following the Answer Mr. Walter Boyd, P.E., Field Operations America Resolution 002bq, Intended period DOT may process the application Team Leader, Federal Highway effective date: 15 December 2005. by expedited procedures. Such Administration, Tennessee Division, Docket Number: OST–2005–23067. procedures may consist of the adoption 640 Grassmere Park Road, Suite 112, Date Filed: November 15, 2005. of a show-cause order, a tentative order, Nashville, Tennessee 37211, Telephone: Parties: Members of the International or in appropriate cases a final order (615) 781–5774. Air Transport Association. without further proceedings. SUPPLEMENTARY INFORMATION: The Subject: TC31 North and Central Docket Number: OST–2005–22882. FHWA, in cooperation with the Pacific, Bangkok, 24 October–1 Date Filed: November 14, 2005. Tennessee Department of November 2005, Korea (Rep. Of), Due Date for Answers, Conforming Transportation, will prepare an Malaysia—USA, Expedited Resolution Applications, or Motion to Modify environmental impact statement (EIS) 002na, Intended effective date: 15 Scope: December 5, 2005. on a proposal to provide an extension to December 2005. Description: Amendment No. 1 of SR–357 in Sullivan County, Tennessee. Docket Number: OST–2005–23068. Gazpromavia Aviation Company Ltd. The proposed project would involve the Date Filed: November 15, 2005. amending its application for a foreign extension of SR–357 from existing SR– Parties: Members of the International air carrier permit to extend its requested 357 west of the Tri-Cities Airport to the Air Transport Association. authority to permit it to engage in U.S. 11E/19W–U.S. 19E intersection Subject: TC3 (except Japan)-North passenger, combination and all-cargo America, Caribbean), (except between near Bluff City, Tennessee. charter service between the Russian The proposed project is considered Korea (Rep. of), Malaysia-USA), Federation and the United States. necessary to provide for the existing and Expedited Resolution 002bi, Intended Docket Number: OST–2005–23086. projected traffic demand on the effective date: 15 December 2005. Date Filed: November 17, 2005. surrounding transportation network. Docket Number: OST–2005–23069. Due Date for Answers, Conforming The proposed project is anticipated to Date Filed: November 15, 2005. Applications, or Motion to Modify provide a multi-lane facility with the Parties: Members of the International Scope: December 8, 2005. number of lanes and access control to be Air Transport Association. Description: Application of Aguadilla determined depending on forecasted Subject: TC31 North and Central Airline Services, Inc. requesting traffic volumes. The EIS will discuss Pacific, Bangkok, 21 September–1 authority to conduct scheduled environmental, social, and economic November 2005, TC3-Central, South passenger operations as a commuter air impacts associated with the America Expedited Resolution, carrier. development of the proposed action. Intended effective date: 1 January 2006. Docket Number: OST–2001–8910. Letters describing the proposed action Docket Number: OST–2005–23070. Date Filed: November 17, 2005. and soliciting comments will be sent to Date Filed: November 15, 2005. Due Date for Answers, Conforming appropriate Federal, State, and local Parties: Members of the International Applications, or Motion to Modify agencies, and to private organizations Air Transport Association. Scope: December 8, 2005. and citizens who have previously Subject: TC3 (except Japan)-North Description: Application of expressed or are known to have interest America, Caribbean), (except between Continental Airlines, Inc. requesting in this proposal. Public meetings will be Korea (Rep. of), Malaysia-USA), renewal of its Route 805 certificate held in the vicinity of the project
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throughout the development of the EIS. interagency input on the purpose and 5335 Kapolei Parkway on December 14, In addition, a public hearing will be needs to be addressed by the project, the 2005 from 7 p.m. to 9 p.m. held. Public notice will be given of the alternatives to be considered, and the FOR FURTHER INFORMATION CONTACT: The time and place of the meetings and scope of the EIS for the corridor, FTA contact is Ms. Donna Turchie, hearing. The draft EIS will be available including the alternatives and the Federal Transit Administration, Region for public and agency review and environmental and community impacts IX, 201 Mission Street, Room 2210, San comment prior to the public hearing. to be evaluated. Francisco, CA 94105. Phone: (415) 744– To ensure that the full range of issues DATES: Scoping Comments Due Date: 2737. Fax: (415) 744–2726. related to this proposed action are Written comments on the scope of the SUPPLEMENTARY INFORMATION: addressed and all significant issues NEPA review, including the alternatives I. Scoping identified, comments and suggestions to be considered and the related impacts are invited from all interested parties. to be assessed, should be sent to DTS by The FTA and DTS invite all interested Comments or questions concerning this January 9, 2006. See ADDRESSES below. individuals and organizations, and proposed action and the EIS should be Scoping Meetings: Meetings to accept Federal, State, and local agencies, to directed to the FHWA at the address comment on the purpose and need, provided above. comments on the proposed alternatives, scope of the EIS, and purpose of and project alternatives, and scope of the (Catalog of Federal Domestic Assistance needs to be addressed by the EIS. During the scoping process, Program Number 20.205, Highway Planning alternatives will be held on December comments should focus on the purpose and Construction. The regulations and need for a project, identifying implementing Executive Order 12372 13 and 14, 2005 at the locations given in ADDRESSES below. On December 13, specific transportation problems to be regarding intergovernmental consultation on evaluated, or on proposing Federal programs and activities apply to this 2005, the public scoping meeting will program.) begin at 5 p.m. and continue until 8 transportation alternatives that may be less costly, more effective, or have fewer Issued on: December 1, 2005. p.m. or until all who wish to provide oral comments have been given the environmental impacts while improving Walter Boyd, opportunity. The meeting on December mobility in the corridor. At this time, Field Operations Team Leader, Nashville, 14, 2005 will begin at 7 p.m. and comments should not focus on a Tennessee. continue until 9 p.m. or until all who preference for a particular alternative. FR Doc. 05–23703 Filed 12–6–05; 8:45 am] wish to provide oral comments have The opportunity for that type of input BILLING CODE 4910–22–M been given the opportunity. The will be after the release of the AA final locations are accessible to people with report, which will compare various disabilities. A court reporter will record alternatives. DEPARTMENT OF TRANSPORTATION oral comments. Forms will be provided Following the public scoping process, public outreach activities with Federal Transit Administration on which to provide written comments. Project staff will be available at the interested parties or groups throughout Preparation of an Environmental meeting to informally discuss the EIS the duration of work on the EIS will Impact Statement for High-Capacity scope and the proposed project. occur. The project Web site, http:// Transit Improvements in the Southern Governmental agencies are also invited www.honolulutransit.org, will be Corridor of Honolulu, HI to a separate scoping meeting to be held updated periodically to reflect the status on December 13 from 2 p.m. until 4 p.m. of the project. Additional opportunities AGENCY: Federal Transit Administration, Further information will be available at for public participation will be DOT. the scoping meeting and may also be announced through mailings, notices, ACTION: Notice of intent to prepare an obtained by calling (808) 566–2299, by advertisements, and press releases. Environmental Impact Statement (EIS). downloading from http:// Those wishing to be placed on the www.honolulutransit.org, or by e- project mailing list may do so by SUMMARY: The Federal Transit mailing [email protected]. registering on the Web site at http:// Administration (FTA) and the City and www.honolulutransit.org, or by calling County of Honolulu, Department of ADDRESSES: Written comments on the (808) 566–2299. Transportation Services (DTS) intend to scope of the EIS, including the prepare an EIS (and Alternative alternatives to be considered and the II. Description of Study Area Analysis (AA)) on a proposal by the City related impacts to be assessed, should The proposed project study area is the and County of Honolulu to implement be sent to both the Department of travel corridor between Kapolei and the transit improvements that potentially Transportation Services, City and University of Hawaii at Manoa (UH include high-capacity transit service in County of Honolulu, 650 South King Manoa) and Waikiki. This narrow, a 25-mile travel corridor between Street, 3rd Floor, Honolulu, HI, 96813, linear corridor is confined by the Kapolei and the University of Hawaii at Attention: Honolulu High-Capacity Waianae and Koolau mountain ranges to Manoa and Waikiki. Alternatives Transit Corridor Project, or by the the north (mauka direction) and the proposed to be considered in the AA Internet at http:// ocean to the south (makai direction). and draft EIS include No Build, www.honolulutransit.org and Ms. Donna The corridor includes the majority of Transportation System Management, Turchie, Federal Transit housing and employment on Oahu. The Managed Lanes, and Fixed Guideway Administration, Region IX, 201 Mission 2000 census indicates that 876,200 Transit. Other transit alternatives may Street, Suite 2210, San Francisco, CA people live on Oahu. Of this number, be identified during the scoping 94105 or by e-mail: over 552,000 people, or 63 percent, live process. [email protected]. within the corridor between Kapolei The EIS will be prepared to satisfy the The scoping meetings will be held at and Manoa/Waikiki. This area is requirements of the National the Neal S. Blaisdell Center, Pikake projected to absorb 69 percent of the Environmental Policy of 1969 (NEPA) Room, at 77 Ward Avenue on December population growth projected to occur on and its implementing regulations. The 13, 2005 from 5 p.m. to 8 p.m. and at Oahu between 2000 and 2030, resulting FTA and DTS request public and Kapolei Middle School Cafeteria, at 91– in an expected corridor population of
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776,000 by 2030.Over the next twenty- that identified the best reasonable Honolulu, Kakaako, Ala Moana Center, five years, the Ewa/Kapolei area is alternatives from the range of possible and Moiliili. projected to have the highest rate of alternatives. At a minimum, FTA and • Ft. Weaver Road/Farrington housing and employment growth on DTS propose to consider the following Highway/Kamehameha Highway/ Oahu. The Ewa/Kapolei area is alternatives: Dillingham Boulevard/Kaaahi Street/ developing as a ‘‘second city’’ to 1. No Build Alternative, which would Beretania Street/King Street/Kaialiu complement downtown Honolulu. The include existing transit and highway Street Alignment, which would serve housing and employment growth in Ewa facilities and planned transportation various communities and activity is identified in the General Plan for the projects to the year 2030. centers between Kapolei and UH City and County of Honolulu. 2. Transportation System Manoa, including Kalaeloa, Ewa III. Purpose and Need Management (TSM) Alternative, which Villages, Waipahu, Pearlridge, Aloha would provide an enhanced bus system Stadium, Pearl Harbor, Honolulu Existing transportation infrastructure based on a hub-and-spoke route International Airport, Kalihi Kai, in this corridor is overburdened network, community bus circulators, Downtown Honolulu, Thomas Square, handling current levels of travel conversion of the present morning peak and Moiliili. demand. Travelers experience hour only zipper lane to both a morning • North-South Road/Farrington substantial traffic congestion and delay and afternoon peak hour zipper lane at most times of the day, both on Highway/Kamehameha Highway/ configuration, and relatively low-cost Airport/Dillingham Boulevard/Hotel weekdays and on weekends. capital improvements on selected Automobile and transit users on Oahu Street/Kapiolani Boulevard with a roadway facilities to give priority to Waikiki Spur Alignment, which would currently experience 42,000 daily buses. These capital improvements may vehicle-hours of delay. By 2030, this is serve various communities and activity include: Transportation system projected to increase nearly seven-fold centers between Kapolei and UH upgrades such as intersection to 326,000 daily vehicle-hours of delay. Manoa, including Kalaeloa, UH West improvements, minor road widening, Because the bus system primarily Oahu, Waipahu, Pearlridge, Aloha traffic engineering actions, bus route operates in mixed traffic, transit users Stadium, Pearl Harbor, Honolulu restructuring, shortened bus headways, experience the same level of delay as International Airport, Kalihi Kai, expanded use of articulated buses, automobile drivers. Current morning Downtown Honolulu, Kakaako, Ala express and limited-stop service, peak-period travel times for motorists Moana Center, Moiliili, and Waikiki. signalization improvements, and timed- from Kapolei to downtown average transfer operations. After appropriate public involvement between 40 and 60 minutes. By 2030 the 3. Managed Lanes Alternatives, which and interagency coordination, other travel times are projected to more than would include construction of a two- alternatives suggested during scoping double. Within the urban core most lane grade-separated guideway between may be added if they are found to be major arterial streets will experience Waipahu and Downtown Honolulu for environmentally acceptable, financially increasing peak congestion, including use by buses high-occupancy vehicles feasible, and consistent with the Ala Moana Boulevard, Dillingham (HOVs), and toll-paying single-occupant purpose of and need for major Boulevard, Kalakaua Avenue, Kapiolani vehicles. The lanes would be managed transportation improvements in the Boulevard, King Street and Nimitz by setting the minimum occupancy for corridor. Highway. Expansion of the roadway HOVs and the tolls for single-occupant system between Kapolei and UH Manoa V. Probable Effects vehicles at levels that would preserve study corridor is constrained by free-flow speeds on the facility. The EIS will evaluate and fully physical barriers and by dense urban disclose the environmental neighborhoods that abut many existing 4. Fixed-Guideway Alternatives, which would include the construction consequences of the construction and roadways. operation of an expanded transit system Numerous lower-income and minority and operation of a fixed transit on Oahu. The EIS will evaluate the workers live in the corridor outside of guideway between Kapolei and UH impacts of all reasonable alternatives on the urban core and commute to work in Manoa and Waikiki on one of several land use, zoning, displacements, the primary urban center. Many of these possible alignments. Alignment parklands, economic development, workers rely on public transit because alternatives to be considered include, community disruptions, environmental they are not able to afford the cost of but are not limited to: • justice, aesthetics, air quality, noise and vehicle ownership, operation, and Kamokila Boulevard/Salt Lake vibration, wildlife, vegetation, parking. Boulevard/King Street/Hotel Street/ The intent of the proposed Alakea Street/Kapiolani Boulevard threatened and endangered species, alternatives is to provide improved Alignment, which would serve various farmland, water quality, wetlands, person-mobility in this highly congested communities and activity centers waterways, floodplains, enemy, east-west corridor. A high-capacity between Kapolei and UH Manoa, hazardous materials, and cultural, improvement project would support the including UH West Oahu, Waipahu, historic, and archaeological resources. goals of the regional transportation plan Pearlridge, Aloha Stadium, Salt Lake, Impacts to parklands and historic by serving areas designated for urban Kalihi, Downtown Honolulu, Kakaako, resources covered by Section 4(f) of the growth, provide an alternative to private Ala Moana Center, and Moiliili. 1966 U.S. Department of Transportation automobile travel and improve linkages • North-South Road/Camp Catlin Act also will be addressed. between Kapolei, Honolulu’s Urban Road/King Street/Queen Street/ To ensure that all significant issues Center, UH Manoa, Waikiki, and urban Kapiolani Boulevard Alignment, which related to this proposed action are areas between these points. would serve various communities and identified and addressed, scoping activity centers between Kapolei and comments and suggestions are invited IV. Alternatives UH Manoa, including UH West Oahu, from all interested parties. Comments The alternatives proposed for Waipahu, Pearlridge, Aloha Stadium, and questions should be directed to the evaluation in the AA and draft EIS were Pearl Harbor, Honolulu International DTS as noted in the ADDRESSES section developed through a screening process Airport, Salt Lake, Kalihi, Downtown above.
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VI. FTA Procedures Issued on: November 29, 2005. Voyage Reports to MARAD after Leslie T. Rogers, completion of a cargo preference The EIS is being prepared in Regional Administrator. voyage. accordance with: the National [FR Doc. 05–23678 Filed 12–6–05; 8:45 am] Annual Estimated Burden Hours: 740 Environmental Policy Act of 1969 BILLING CODE 4910–57–M hours. (NEPA), as amended, and its Addressee: Send comments to the implementing regulations by the Office of Information and Regulatory Council on Environmental Quality DEPARTMENT OF TRANSPORTATION Affairs, Office of Management and (CEQ) regulations (40 CFR parts 1500– Budget, 725 17th Street, Northwest, 1508); the FTA/Federal Highway Maritime Administration Washington, DC 20503, Attention Administration’s ‘‘Environmental MARAD Desk Officer. Impact and Related Procedures’’ Reports, Forms and Recordkeeping Comments are invited on: Whether regulations (23 CFR part 771); and Requirements; Agency Information the proposed collection of information Federal transit law (49 U.S.C. 5300) and Collection Activity under OMB Review is necessary for the proper performance its implementing regulations for major AGENCY: Maritime Administration, DOT. of the functions of the agency, including capital improvements (49 CFR 611). In whether the information will have ACTION: Notice and request for practical utility; the accuracy of the accordance with FTA policy, the NEPA comments. process will also address the agency’s estimate of the burden of the requirements of other applicable SUMMARY: In compliance with the proposed information collection; ways environmental laws, regulations, and Paperwork Reduction Act of 1995 (44 to enhance the quality, utility and executive orders, such as the National U.S.C. 3501 et seq.), this notice clarity of the information to be Historic Preservation Act of 1966, as announces that the Information collected; and ways to minimize the amended, Section 4(f) of the 1966 U.S. Collection abstracted below has been burden of the collection of information Department of Transportation Act, the forwarded to the Office of Management on respondents, including the use of Executive Orders on Environmental and Budget (OMB) for review and automated collection techniques or Stewardship and Transportation approval. The nature of the information other forms of information technology. Infrastructure Project Reviews, collection is described as well as its A comment to OMB is best assured of Environmental Justice, Floodplain expected burden. The Federal Register having its full effect if OMB receives it Management, and Protection of Notice with a 60-day comment period within 30 days of publication. soliciting comments on the following Wetlands. Authority: 49 CFR 1.66. collection of information was published The first step in preparation of the EIS on September 9, 2005, and comments Issued in Washington, DC on November 30, will be an AA that will be consistent were due by November 8, 2005. No 2005. with both the requirements of NEPA for comments were received. Joel C. Richard, evaluation of a range of reasonable DATES: Secretary, Maritime Administration. alternatives and the requirements of Comments must be submitted on or before January 6, 2006. [FR Doc. E5–6918 Filed 12–6–05; 8:45 am] Federal transit law for consideration of BILLING CODE 4910–81–P alternatives during the development of FOR FURTHER INFORMATION CONTACT: major capital investment projects Thomas Olsen, Maritime Administration, 400 Seventh Street, proposed for Federal funding. Upon DEPARTMENT OF TRANSPORTATION completion, the AA final report will be Southwest, Washington, DC 20590. available to the public and agencies for Telephone: 202–366–2313; FAX: 202– Maritime Administration review and comment, and public 366–9580; or E-mail: [email protected]. Copies of this hearings on the AA will be held at Reports, Forms and Recordkeeping collection also can be obtained from that advertised locations within the study Requirements; Agency Information office. area. Based on the AA and public and Collection Activity Under OMB Review SUPPLEMENTARY INFORMATION: Maritime agency comments received, the City and AGENCY: Maritime Administration, DOT. County of Honolulu will identify, a Administration (MARAD). Title: Determination of Fair and ACTION: Notice and request for locally preferred alternative (LPA). The Reasonable Rates for Carriage of comments. second step in preparation of the EIS Agriculture Cargoes on U.S.-flag will be the development of a Draft EIS SUMMARY: Commercial Vessels. In compliance with the to add further detail about the LPA and Omb Control Number: 2133–0514. Paperwork Reduction Act of 1995 (44 its impacts. Based on the findings in the Type Of Request: Extension of U.S.C. 3501 et seq.), this notice Draft EIS and comments from the public currently approved collection. announces that the Information and agencies, the City and County of Affected Public: U.S. citizens who Collection abstracted below has been Honolulu may decide to request that the own and operate U.S.-flag vessels. forwarded to the Office of Management LPA enter preliminary engineering (PE) Forms: MA–1025, MA–1026 and MA– and Budget (OMB) for review and of the LPA. FTA requires that the LPA 172. approval. The nature of the information be adopted and/or confirmed in the Abstract: This collection of collection is described as well as its conforming Regional Transportation information requires U.S.-flag operators expected burden. The Federal Register Plan (RTP) for Oahu as a condition for to submit annual vessel operating costs Notice with a 60-day comment period initiation of PE. With adoption into the and capital costs data to MARAD soliciting comments on the following RTP, and if the LPA meets the officials. The information is used by collection of information was published evaluation criteria identified in Federal MARAD in determining fair and on August 29, 2005, and comments were law, FTA will approved the project into reasonable guideline rates for the due by October 28, 2005. No comments PE, which will include the carriage of preference cargoes on U.S.- were received. simultaneous preparation of the Final flag vessels. In addition, U.S.-flag vessel DATES: Comments must be submitted on EIS. operators are required to submit Post or before January 6, 2006.
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FOR FURTHER INFORMATION CONTACT: Otto DEPARTMENT OF TRANSPORTATION Comments are invited on: Whether Strassburg, Maritime Administration, the proposed collection of information 400 Seventh Street Southwest, Maritime Administration is necessary for the proper performance Washington, DC 20590. Telephone: of the functions of the agency, including 202–366–4161; FAX: 202–366–7901; or Reports, Forms and Recordkeeping whether the information will have E-mail: [email protected]. Copies Requirements; Agency Information practical utility; the accuracy of the of this collection also can be obtained Collection Activity under OMB Review agency’s estimate of the burden of the from that office. AGENCY: Maritime Administration, DOT. proposed information collection; ways to enhance the quality, utility and SUPPLEMENTARY INFORMATION: Maritime ACTION: Notice and request for comments. clarity of the information to be Administration (MARAD). collected; and ways to minimize the Title: Approval of Underwriters for SUMMARY: In compliance with the burden of the collection of information Marine Hull Insurance. Paperwork Reduction Act of 1995 (44 on respondents, including the use of OMB Control Number: 2133–0517. U.S.C. 3501 et seq.), this notice automated collection techniques or announces that the Information other forms of information technology. Type of Request: Extension of Collection abstracted below has been A comment to OMB is best assured of currently approved collection. forwarded to the Office of Management having its full effect if OMB receives it Affected Public: Marine insurance and Budget (OMB) for review and within 30 days of publication. brokers and underwriters of marine approval. The nature of the information insurance. collection is described as well as its Authority: 49 CFR 1.66. Forms: None. expected burden. The Federal Register Issued in Washington, DC on November 30, Notice with a 60-day comment period 2005. Abstract: This collection of soliciting comments on the following Joel C. Richard, information involves the approval of collection of information was published Secretary, Maritime Administration. marine hull underwriters to insure on September 9, 2005, and comments MARAD program vessels. Applicants [FR Doc. E5–6920 Filed 12–6–05; 8:45 am] were due by November 8, 2005. No will be required to submit financial data BILLING CODE 4910–81–P comments were received. upon which MARAD approval would be DATES: Comments must be submitted on based. This information is needed in DEPARTMENT OF TRANSPORTATION order that MARAD officials can evaluate or before January 6, 2006. FOR FURTHER INFORMATION CONTACT: the underwriters and determine their National Highway Traffic Safety suitability for providing marine hull Ruth DeVelbis, Maritime Administration insurance on MARAD vessels. Administration, 400 Seventh Street, Southwest, Washington, DC 20590. Reports, Forms and Record Keeping Annual Estimated Burden Hours: 46 Telephone: 202–366–2314; FAX: 202– hours. Requirements; Agency Information 366–9580; or E-mail: Collection Activity Under OMB Review Addressee: Send comments to the [email protected]. Copies of this Office of Information and Regulatory collection also can be obtained from that AGENCY: National Highway Traffic Affairs, Office of Management and office. Safety Administration, DOT. Budget, 725 17th Street Northwest, SUPPLEMENTARY INFORMATION: Maritime ACTION: Correction notice. Washington, DC 20503, Attention Administration (MARAD). SUMMARY: MARAD Desk Officer. This document corrects the Title: Records Retention Schedule. estimated total burden hours published OMB Control Number: 2133–0501. Comments are invited on: Whether on October 19, 2005 (70 FR 60878) for Type of Request: Extension of the proposed collection of information the Paperwork Reduction Act of 1995 currently approved collection. is necessary for the proper performance (44 U.S.C. 3501 et seq., OMB Control of the functions of the agency, including Affected Public: U.S. Shipping Companies. Number 2127–0503. whether the information will have DATES: Comments must be submitted on practical utility; the accuracy of the Forms: None. Abstract: Section 801, Merchant or before January 6, 2006. agency’s estimate of the burden of the Marine Act, 1936, as amended, requires FOR FURTHER INFORMATION CONTACT: proposed information collection; ways retention of financial records pertaining Donovan Green, NHTSA 400 Seventh to enhance the quality, utility and to financial assistance programs for ship Street, SW., Room 5307—NVS–122, clarity of the information to be construction and ship operations. These Washington, DC 20590. Mr. Green’s collected; and ways to minimize the records are required to permit proper telephone number is (202) 493–0248. burden of the collection of information audit of pertinent records at the SUPPLEMENTARY INFORMATION: NHTSA is on respondents, including the use of conclusion of a contract. The correcting an error in the Information automated collection techniques or information will be used to audit Collection published in the Federal other forms of information technology. pertinent records at the conclusion of a Register on October 19, 2005 (70 FR A comment to OMB is best assured of contract when the contractor was 60878). Specifically, NHTSA is having its full effect if OMB receives it receiving financial assistance from the correcting the estimated total annual within 30 days of publication. government. burden from $3,611,460.00 to the Authority: 49 CFR 1.66. Annual Estimated Burden Hours: 50 estimated total annual burden hours of Issued in Washington, DC on November 29, hours. 265,702. 2005. Addressee: Send comments to the Since the correction made by this Office of Information and Regulatory document is only to inform the public Joel C. Richard, Affairs, Office of Management and of previous agency actions, and do not Secretary, Maritime Administration. Budget, 725 17th Street, Northwest, impose any additional obligations on [FR Doc. E5–6919 Filed 12–6–05; 8:45 am] Washington, DC 20503, Attention any party, NHTSA finds for good cause BILLING CODE 4910–81–P MARAD Desk Officer. that the revisions made by this notice
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should be effective as soon as this notice moisture and dust particles to enter the water, and other environmental is published in the Federal Register. swivel bearing mechanism, resulting in particles that could contaminate the Issued in Washington, DC, on December 1, premature wear. The approximately bearing and cause corrosion and 2005. 22,200 Volkswagen and 29,700 Audi accelerated wear of the ball and socket H. Keith Brewer, vehicles affected by this recall joint. In February 1998, VW began using Director, Office of Crash Avoidance (identified by NHTSA Recall No. 99V– Standards. 248) were built from January 1998 aluminum tie rod ends for both vehicle production and service replacement [FR Doc. E5–6917 Filed 12–6–05; 8:45 am] through July 1998 and fell within a specific Vehicle Identification Number parts in an effort to reduce weight. VW BILLING CODE 4910–59–P (VIN) range. initiated recall 99V–248 after it In November 2000, VW chose to determined that the aluminum tie rod DEPARTMENT OF TRANSPORTATION expand the scope of the recall ends used in certain MY 1998–99 (identified by NHTSA Recall No. 00V– vehicles were defective. The National Highway Traffic Safety 414) after it determined that some manufacturer identified a specific Administration potentially defective tie rods may have production range of vehicles built using been installed in an additional 44,000 aluminum tie rod ends and later Denial of Motor Vehicle Defect Petition Volkswagen and 39,000 Audi vehicles expanded the scope (00V–414) to built from August 1998 through April include vehicles built two months AGENCY: National Highway Traffic 1999. These subject recall actions were before and after this range to ensure that Safety Administration (NHTSA), not influenced by ODI. Instead, VW any vehicle that may have been built Department of Transportation. made an independent determination to using defective aluminum tie rod ends ACTION: Denial of petition for a defect conduct a recall after German vehicle was included in the recall action. investigation. inspection authorities notified it of Due to aluminum’s low inherent SUMMARY: This notice sets forth the ‘‘worn’’ tie rods and factory inspection material hardness, rapid and excessive reasons for the denial of a petition of some ‘‘worn’’ tie rods revealed wear of the bearing could result if the submitted by Ms. Miriam Schneider to improper sealing. integrity of the seal is compromised and NHTSA’s Office of Defects Investigation According to a December 2004 report, the bearing is left exposed to the (ODI), received on August 2, 2005, the petitioner brought her MY 1999 elements. VW reports that damage to the under 49 U.S.C. 30162, requesting that Passat to an authorized Volkswagen protective rubber boot may be caused by the agency commence a proceeding to dealer for an unrelated recall repair external forces such as impact or in-use determine the existence of a defect where she was notified by service damage, or by improper assembly. related to motor vehicle safety with personnel that, after 59,000 miles Design changes intended to improve respect to the performance of the tie rod traveled, the tie rods ‘‘have too much sealing (revised boot material) and ease ends on certain model year (MY) 1999 play,’’ and the recommended repairs of assembly (introduction of stop ring) Volkswagen Passat vehicles not would not be covered free of charge were implemented. Additionally, the tie because her VIN rod end was changed from aluminum to included in two previous safety recall (WVWNA63B1XE499116) was outside a steel body to improve bearing wear campaigns. After a review of the the recall range. In June 2005, after characteristics in the event of boot petition and other information, NHTSA 65,400 miles traveled, the petitioner damage. This revised steel tie rod end has concluded that further expenditure paid $588.59 to replace worn inner and entered vehicle production in March of the agency’s investigative resources outer tie rod ends on both sides of the 1999 and was the replacement part used on the issues raised by the petition does vehicle. The petition letter specifically in the recall remedy. not appear to be warranted. The agency requests that the scope of VW’s recall be According to VW, aluminum tie rod accordingly has denied the petition. The expanded to include the petitioner’s ends show a very different pattern for petition is herein after identified as vehicle and that she be reimbursed for replacement than the steel parts, as DP05–003. the cost of the repairs. evidenced by analysis of consumer FOR FURTHER INFORMATION CONTACT: Mr. There are a total of 191 non- complaints and warranty claims. The Kyle Bowker, Vehicle Control Division, duplicative complaints to ODI and VW defective aluminum tie rod ends were Office of Defects Investigation, NHTSA, that allege premature wear of either one replaced at a much lower mileage range, 400 Seventh Street, SW., Washington, or both outer tie rod ends in the subject whereas the steel parts are being DC 20590. Telephone: (202) 366–9597. vehicles. As of November 18, 2005, ODI replaced at a significantly higher SUPPLEMENTARY INFORMATION: On August is not aware of any allegations of tie rod mileage after years of service. Steel tie 2, 2005, ODI received a petition separations resulting in a loss of vehicle rod ends show a progression of failure submitted by Ms. Miriam Schneider of control, crash or injury in the subject symptoms which is clearly Olney, MD requesting an investigation vehicles. demonstrated and confirmed by the of allegedly defective tie rods in certain The steering system converts rotary complaint reports identified in response MY 1999 Volkswagen Passat vehicles motion of the steering wheel (input) into to this petition, the vast majority of not included in two previous safety a turning motion of the vehicle’s steered which include allegations limited to recall campaigns (identified henceforth wheels to effect directional control noise and/or excessive wear as the subject vehicles). In a September (output). In the subject vehicles tie rods necessitating replacement during the 1999 letter, Volkswagen of America, Inc. are used to transmit force from both course of routine maintenance. The (VW) notified the agency that an ends of the rack and pinion gearbox to manufacturer recommends periodic undetermined percentage of MY 1998– the steering arm at each front wheel. inspection of the steering system on the 1999 Volkswagen Passat and Audi A4, Each tie rod is affixed to the steering subject vehicles, including the tie rods, A6, and A8 vehicles contained a safety- arm via a spherical bearing enclosed in every 12 months. Furthermore, VW related defect affecting the tie rods in a steel body (known as the outer tie rod recommends a more detailed inspection the steering system. VW indicated that end) and a bolt. The bearing is protected of the tie rod ends (and replacement, if it was possible that some tie rods would by a rubber boot that is intended to necessary) every 4 years or 40,000 miles not seal properly which could allow prevent the intrusion of dirt, dust, traveled.
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The petitioner’s vehicle was Surface Transportation Board or with calling SEA, at (202) 565–1539. manufactured on June 8, 1999 using the any U.S. District Court or has been [Assistance for the hearing impaired is revised steel tie rod ends and therefore decided in favor of complainant within available through the Federal was already equipped with the tie rod the 2-year period; and (4) the Information Relay Service (FIRS) at 1– ends used to remedy defective vehicles requirements at 49 CFR 1105.7 800–877–8339.] Comments on in the subject recalls. Analysis indicates (environmental reports), 49 CFR 1105.8 environmental and historic preservation that there does not appear to be a safety- (historic reports), 49 CFR 1105.11 matters must be filed within 15 days related defect trend with respect to the (transmittal letter), 49 CFR 1105.12 after the EA becomes available to the steel tie rod ends used in the subject (newspaper publication), and 49 CFR public. vehicles. 1152.50(d)(1) (notice to governmental Environmental, historic preservation, In view of the foregoing, it is unlikely agencies) have been met. public use, or trail use/rail banking that NHTSA would issue an order for As a condition to this exemption, any conditions will be imposed, where the notification and remedy of the employee adversely affected by the appropriate, in a subsequent decision. alleged defect as defined by the abandonment shall be protected under Pursuant to the provisions of 49 CFR petitioner at the conclusion of the Oregon Short Line R. Co.— 1152.29(e)(2), UP shall file a notice of investigation requested in the petition. Abandonment—Goshen, 360 I.C.C. 91 consummation with the Board to signify Therefore, in view of the need to (1979). To address whether this that it has exercised the authority allocate and prioritize NHTSA’s limited condition adequately protects affected granted and fully abandoned the line. If resources to best accomplish the employees, a petition for partial consummation has not been effected by agency’s safety mission, the petition is revocation under 49 U.S.C. 10502(d) UP’s filing of a notice of consummation denied. must be filed. by December 7, 2006, and there are no Provided no formal expression of Authority: 49 U.S.C. 30162(d); delegations legal or regulatory barriers to of authority at CFR 1.50 and 501.8. intent to file an offer of financial consummation, the authority to assistance (OFA) has been received, this abandon will automatically expire. Issued on: December 1, 2005. exemption will be effective on January Board decisions and notices are Daniel Smith, 6, 2006, unless stayed pending available on our Web site at http:// Associate Administrator for Enforcement. reconsideration. Petitions to stay that do www.stb.dot.gov. [FR Doc. E5–6916 Filed 12–6–05; 8:45 am] not involve environmental issues,2 Decided: November 30, 2005. BILLING CODE 4910–59–P formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),3 and By the Board, David M. Konschnik, Director, Office of Proceedings. trail use/rail banking requests under 49 DEPARTMENT OF TRANSPORTATION CFR 1152.29 must be filed by December Vernon A. Williams, 16, 2005. Petitions to reopen or requests Secretary. Surface Transportation Board for public use conditions under 49 CFR [FR Doc. E5–6896 Filed 12–6–05; 8:45 am] [STB Docket No. AB–33 (Sub–No. 229X)] 1152.28 must be filed by December 27, BILLING CODE 4915–01–P 2005, with the Surface Transportation Union Pacific Railroad Company— Board, 1925 K Street, NW., Washington, Abandonment Exemption—in Ellis DC 20423–0001. DEPARTMENT OF THE TREASURY County, TX A copy of any petition filed with the Board should be sent to UP’s Internal Revenue Service Union Pacific Railroad Company (UP) representative: Mack H. Shumate, Jr., has filed a notice of exemption under 49 Senior General Attorney, Union Pacific Privacy Act of 1974, as Amended CFR 1152 Subpart F—Exempt Railroad Company, 101 North Wacker Abandonments to abandon a 4.57-mile AGENCY: Internal Revenue Service, Drive, Room 1920, Chicago, IL 60606. Treasury. line of railroad known as the If the verified notice contains false or ACTION: Notice of Proposed New Privacy Waxahachie Industrial Lead extending misleading information, the exemption Act System of Records. from milepost 798.03, near Waxahachie, is void ab initio. to milepost 802.60, near Nena, in Ellis UP has filed environmental and SUMMARY: In accordance with the County, TX. The line traverses United historic reports which address the requirements of the Privacy Act of 1974, States Postal Service Zip Code 75165.1 effects, if any, of the abandonment on as amended, 5 U.S.C. 552a, the UP has certified that: (1) No local the environment and historic resources. traffic has moved over the line for at Department of the Treasury, Internal SEA will issue an environmental Revenue Service, gives notice of a least 2 years; (2) there is no overhead assessment (EA) by December 12, 2005. traffic on the line; (3) no formal proposed new system of records entitled Interested persons may obtain a copy of ‘‘Treasury/IRS 50.222—Tax Exempt/ complaint filed by a user of rail service the EA by writing to SEA (Room 500, on the line (or by a State or local Government Entities (TE/GE) Case Surface Transportation Board, Management Records.’’ government entity acting on behalf of Washington, DC 20423–0001) or by such user) regarding cessation of service DATES: Comments must be received no later than January 6, 2006. This new over the line either is pending with the 2 The Board will grant a stay if an informed decision on environmental issues (whether raised system of records will be effective 1 Pursuant to 49 CFR 1152.50(d)(2), the railroad by a party or by the Board’s Section of January 17, 2006 unless the IRS receives must file a verified notice with the Board at least Environmental Analysis (SEA) in its independent comments which would result in a 50 days before the abandonment or discontinuance investigation) cannot be made before the contrary determination. is to be consummated. The applicant initially exemption’s effective date. See Exemption of Out- indicated a proposed consummation date of January of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any ADDRESSES: Comments should be sent to 5, 2006, but because the verified notice was filed request for a stay should be filed as soon as possible the Office of Governmental Liaison and on November 17, 2005, consummation may not take so that the Board may take appropriate action before Disclosure, Internal Revenue Service, place prior to January 6, 2006. By facsimile received the exemption’s effective date. on November 28, 2005, applicant’s representative 3 Each OFA must be accompanied by the filing 1111 Constitution Avenue NW., confirmed that the proposed consummation date fee, which currently is set at $1,200. See 49 CFR Washington, DC 20224. Comments will will be on or after January 6, 2006. 1002.2(f)(25). be available for inspection and copying
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in the Freedom of Information Reading GE) Case Management Records, is ROUTINE USES OF RECORDS MAINTAINED IN THE Room (1621), at the above address. The published in its entirety below. SYSTEM INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: telephone number for the Reading Room Dated: November 18, 2005. Disclosure of return and return is (202) 622–5164. Sandra L. Pack, information may be made only as FOR FURTHER INFORMATION CONTACT: Assistant Secretary for Management and provided by 26 U.S.C. 6103. Telephonic inquiries should be directed Chief Financial Officer. to Marianne Davis, Program Analyst, POLICIES AND PRACTICES FOR STORING, Treasury/IRS 50.222 Internal Revenue Service, TE/GE RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: Division, at telephone number (949) SYSTEM NAME: 389–4304. Written inquiries should be STORAGE: directed to Robert Brenneman, TE/GE Tax Exempt/Government Entities (TE/ Paper and electronic. Reporting and Electronic Examination GE) Case Management Records. System (TREES) Project Manager, at RETRIEVABILITY SYSTEM LOCATION: : Internal Revenue Service, TE/GE Data is retrieved by taxpayer name, Office of the Commissioner, Tax Business Systems Planning (SE:T:BSP), Taxpayer Identification Number (either Exempt/Government Entities Division 1111 Constitution Avenue NW., Attn: Social Security Number or Employer (TE/GE), National Office, Area Offices, PE–6M4, Washington, DC 20224. Identification Number), or by IRS Local Offices, Service Campuses, and SUPPLEMENTARY INFORMATION: employee name or identification The Computing Centers. (See IRS Appendix number for the employee who is proposed system will allow the IRS to A for addresses of IRS offices.) better serve the public by enhancing the assigned the case, project, or ability of the Tax Exempt/Government CATEGORIES OF INDIVIDUALS COVERED BY THE determination. Entities Division (TE/GE) to better SYSTEM: SAFEGUARDS: manage its program responsibilities, Individuals who are the subject of or including the allocation of resources Only persons authorized by law will are connected to TE/GE examinations have access to these records. Security and the assignment and review of and tax determinations, including workload. It will contain data relating to standards will not be less than those compliance projects, regarding Federal published in IRM 2.1.10, Automated the compliance activities within the TE/ tax exemption requirements, employee GE Business Operating Division. Information Systems Security plan requirements, and employment tax Handbook, and IRM 1.16.2, Manager’s Records covered under this system requirements. emanate from investigatory actions Security Handbook. relating to individuals and other CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: taxpayers involving money laundering, These records include case Records are maintained in accordance statutory compliance violations, and identification, assignment, and status with Records Management and other areas of non-compliance. information from TE/GE examination Disposition policy, IRM 1.15. The This system of records will maintain and tax determination files, information Records Control Schedule for TE/GE is information about individuals that about individuals pertaining to TE/GE’s published in IRM 1.15.24, and the reflect TE/GE’s methods of investigating methods of investigating exempt disposition guidance is located in exempt organizations, retirement plans, organizations, retirement plans, and 1.15.3. and government entities with regard to government entities with regard to their their compliance with statutory Federal compliance with statutory Federal SYSTEM MANAGER(S) AND ADDRESS: requirements and/or their tax exempt requirements and/or their tax exempt Commissioner, TE/GE, 1111 status. In addition, this system contains status. In addition, this system contains Constitution Avenue NW., Washington, identifying information regarding identifying information regarding DC 20224. informants who have provided informants who have provided NOTIFICATION PROCEDURE: information that is significant and information that is significant and relevant to TE/GE investigations of relevant to TE/GE investigations of This system may not be accessed for taxpayers. taxpayers. purposes of determining whether the A proposed rule to exempt this system contains a record pertaining to a system of records from provisions of the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: particular individual. The records are Privacy Act pursuant to 5 U.S.C. 5 U.S.C. 301; 26 U.S.C. 7801. exempt under 5 USC 552a(k)(2) from the 552a(k)(2) will be published separately notification provisions of the Privacy in the Federal Register. PURPOSE(S): Act.
The new system of records report, as This system will provide TE/GE RECORDS ACCESS PROCEDURES: required by 5 U.S.C. 552a(r) of the records for case management, including This system may not be accessed to Privacy Act, has been submitted to the employee assignments and file tracking. inspect or contest the content of records. Committee on Government Reform and TE/GE maintains records on businesses, The records are exempt under 5 U.S.C. Oversight of the House of organizations, employee plans, 552a(k)(2) from the access provisions of Representatives, the Committee on government entities, and Indian Tribal the Privacy Act. Homeland Security and Governmental Government entities and individuals, Affairs of the Senate and the Office of such as principals and officers, CONTESTING RECORDS PROCEDURES: Management and Budget, pursuant to connected with these entities. Records 26 U.S.C. 7852(e) prohibits Privacy Appendix I to OMB Circular A–130, in this system are used for law Act amendment of tax records. ‘‘Federal Agency Responsibilities for enforcement investigations and may Maintaining Records About contain identifying information about RECORDS SOURCE CATEGORIES: Individuals,’’ dated November 30, 2000. informants who have provided Information is obtained from tax The proposed Treasury/IRS 50.222— significant information relevant to returns, application returns and Tax Exempt/Government Entities (TE/ investigations of taxpayers. supporting material, determination files,
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examination files, compliance review securities or payment in lieu of lost, Description of United States Savings files, compliance programs and projects, stolen or destroyed securities. Bonds Series HH/H. and IRS personnel records. Current Actions: None. DATES: Written comments should be Type of Review: Extension. received on or before February 6, 2006, EXEMPTIONS CLAIMED FOR THE SYSTEM: Affected Public: Individuals or to be assured of consideration. This system has been designated as households. ADDRESSES: Direct all written comments exempt from sections (c)(3), (d)(1)–(4), Estimated Number of Respondents: to Bureau of the Public Debt, Vicki S. (e)(1), (e)(4)(G)–(I), and (f) of the Privacy 80,000. Thorpe, 200 Third Street, Parkersburg, Act, pursuant to 5 U.S.C. 552a(k)(2). Estimated Time Per Respondent: 20 WV 26106–1328, or (See 31 CFR 1.36.) minutes. [email protected]. [FR Doc. E5–7000 Filed 12–6–05; 8:45 am] Estimated Total Annual Burden Hours: 26,400. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4830–01–P Request For Comments: Comments Requests for additional information or submitted in response to this notice will copies of the form and instructions should be directed to Vicki S. Thorpe, DEPARTMENT OF THE TREASURY be summarized and/or included in the request for OMB approval. All Bureau of the Public Debt, 200 Third Bureau of the Public Debt comments will become a matter of Street, Parkersburg, WV 26106–1328, public record. Comments are invited on: (304) 480–8150. Proposed Collection: Comment (a) Whether the collection of SUPPLEMENTARY INFORMATION: Request information is necessary for the proper Titles: Description of United States performance of the functions of the Savings Bonds/Notes and Description of ACTION: Notice and request for agency, including whether the United States Savings Bonds Series HH/ comments. information shall have practical utility; H. (b) the accuracy of the agency’s estimate OMB Number: 1535–0064. SUMMARY: The Department of the of the burden of the collection of Form Numbers: PD F 1980 and PD F Treasury, as part of its continuing effort information; (c) ways to enhance the 2490. to reduce paperwork and respondent Abstract: The information is quality, utility, and clarity of the burden, invites the general public and requested to establish the owner of information to be collected; (d) ways to other Federal agencies to take this savings bonds. minimize the burden of the collection of opportunity to comment on proposed Current Actions: None. information on respondents, including and/or continuing information Type of Review: Extension. through the use of automated collection collections, as required by the Affected Public: Individuals or techniques or other forms of information Paperwork Reduction Act of 1995, households. technology; and (e) estimates of capital Public Law 104–13 (44 U.S.C. Estimated Number of Respondents: or start-up costs and costs of operation, 3506(c)(2)(A). Currently the Bureau of 24,000. maintenance, and purchase of services the Public Debt within the Department Estimated Time Per Respondent: 6 to provide information. of the Treasury is soliciting comments minutes. Estimated Total Annual Burden concerning the Application for Relief on Dated: December 1, 2005. Hours: 2,400. Account of Loss, Theft, or Destruction of Vicki S. Thorpe, Request for Comments: Comments United States Savings and Retirement Manager, Graphics, Printing, and Records submitted in response to this notice will Securities and Supplemental Statement Branch. be summarized and/or included in the Concerning United States Securities. [FR Doc. E5–6967 Filed 12–6–05; 8:45 am] request for OMB approval. All DATES: Written comments should be BILLING CODE 4810–39–P comments will become a matter of received on or before February 6, 2006, public record. Comments are invited on: to be assured of consideration. DEPARTMENT OF THE TREASURY (a) Whether the collection of ADDRESSES: Direct all written comments information is necessary for the proper to Bureau of the Public Debt, Vicki S. Bureau of the Public Debt performance of the functions of the Thorpe, 200 Third Street, Parkersburg, agency, including whether the WV 26106–1328, or Proposed Collection: Comment information shall have practical utility; [email protected]. Request (b) the accuracy of the agency’s estimate FOR FURTHER INFORMATION CONTACT: of the burden of the collection of ACTION: Notice and request for Requests for additional information or information; (c) ways to enhance the comments. copies of the form and instructions quality, utility, and clarity of the information to be collected; (d) ways to should be directed to Vicki S. Thorpe, SUMMARY: The Department of the minimize the burden of the collection of Bureau of the Public Debt, 200 Third Treasury, as part of its continuing effort information on respondents, including Street, Parkersburg, WV 26106–1328, to reduce paperwork and respondent through the use of automated collection (304) 480–8150. burden, invites the general public and techniques or other forms of information SUPPLEMENTARY INFORMATION: other Federal agencies to take this technology; and (e) estimates of capital Titles: Application For Relief on opportunity to comment on proposed or start-up costs and costs of operation, Account of Loss, Theft or Destruction of and/or continuing information maintenance, and purchase of services United States Savings and Retirement collections, as required by the to provide information. Securities and Supplemental Statement Paperwork Reduction Act of 1995, Concerning United States Securities. Public Law 104–13 (44 U.S.C. Dated: December 1, 2005. OMB Number: 1535–0013. 3506(c)(2)(A). Currently the Bureau of Vicki S. Thorpe, Form Numbers: PD F 1048 and PD F the Public Debt within the Department Manager, Graphics, Printing and Records 2243. of the Treasury is soliciting comments Branch. Abstract: The information is concerning the Description of United [FR Doc. E5–6968 Filed 12–6–05; 8:45 am] requested to issue owners substitute States Savings Bonds/Notes and BILLING CODE 4810–39–P
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DEPARTMENT OF THE TREASURY Request for Comments: Comments Thorpe, 200 Third Street, Parkersburg, submitted in response to this notice will WV 26106–1328, or Bureau of the Public Debt be summarized and/or included in the [email protected]. request for OMB approval. All Proposed Collection: Comment comments will become a matter of FOR FURTHER INFORMATION CONTACT: Request public record. Comments are invited on: Requests for additional information or (a) Whether the collection of copies of the form and instructions ACTION: Notice and request for information is necessary for the proper should be directed to Vicki S. Thorpe, comments. performance of the functions of the Bureau of the Public Debt, 200 Third agency, including whether the Street, Parkersburg, WV 26106–1328, SUMMARY: The Department of the (304) 480–8150. Treasury, as part of its continuing effort information shall have practical utility; to reduce paperwork and respondent (b) the accuracy of the agency’s estimate SUPPLEMENTARY INFORMATION: burden, invites the general public and of the burden of the collection of Title: Application For Refund Of other Federal agencies to take this information; (c) ways to enhance the Purchase Price Of United States Savings opportunity to comment on proposed quality, utility, and clarity of the Bonds For Organizations. and/or continuing information information to be collected; (d) ways to Form Number: PD F 5410. minimize the burden of the collection of collections, as required by the Abstract: The information is Paperwork Reduction Act of 1995, information on respondents, including through the use of automated collection requested to support refund of purchase Public Law 104–13 (44 U.S.C. price of savings bonds to and 3506(c)(2)(A). Currently the Bureau of techniques or other forms of information technology; and (e) estimates of capital organization. the Public Debt within the Department Current Actions: None. of the Treasury is soliciting comments or start-up costs and costs of operation, Type of Review: Extension. concerning the Application By maintenance, and purchase of services Voluntary Guardian of Incapacitated to provide information. Affected Public: Business or other for- Owner of United States Savings Bonds/ Dated: December 1, 2005. profit/not-for-profit institutions. Notes. Vicki S. Thorpe, Estimated Number of Respondents: DATES: Written comments should be Manager, Graphics, Printing and Records 3,000. received on or before February 6, 2006, Branch. Estimated Time Per Respondent: 6 to be assured of consideration. [FR Doc. E5–6969 Filed 12–6–05; 8:45 am] minutes. ADDRESSES: Direct all written comments BILLING CODE 4810–39–P Estimated Total Annual Burden to Bureau of the Public Debt, Vicki S. Hours: 300. Thorpe, 200 Third Street, Parkersburg, Request for Comments: Comments DEPARTMENT OF THE TREASURY WV 26106–1328, or submitted in response to this notice will [email protected]. Bureau of the Public Debt be summarized and/or included in the request for OMB approval. All FOR FURTHER INFORMATION CONTACT: comments will become a matter of Requests for additional information or Proposed Collection: Comment public record. Comments are invited on: copies of the form and instructions Request (a) Whether the collection of should be directed to Vicki S. Thorpe, ACTION: Notice and request for information is necessary for the proper Bureau of the Public Debt, 200 Third comments. performance of the functions of the Street, Parkersburg, WV 26106–1328, agency, including whether the (304) 480–8150. SUMMARY: The Department of the information shall have practical utility; Treasury, as part of its continuing effort SUPPLEMENTARY INFORMATION: (b) the accuracy of the agency’s estimate to reduce paperwork and respondent Title: Application By Voluntary of the burden of the collection of burden, invites the general public and Guardian Of Incapacitated Owner of information; (c) ways to enhance the United States Savings Bonds/Notes. other Federal agencies to take this opportunity to comment on proposed quality, utility, and clarity of the OMB Number: 1535–0036. information to be collected; (d) ways to Form Number: PD F 2513. and/or continuing information collections, as required by the minimize the burden of the collection of Abstract: The information is information on respondents, including requested to establish the right of a Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. through the use of automated collection voluntary guardian to act on behalf of an techniques or other forms of information incompetent bond owner. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department technology; and (e) estimates of capital Current Actions: None. or start-up costs and costs of operation, Type of Review: Extension. of the Treasury is soliciting comments concerning the Application For Refund maintenance, and purchase of services Affected Public: Individuals or to provide information. households. Of Purchase Price Of United States Estimated Number of Respondents: Savings Bonds For Organizations. Dated: December 1, 2005. 1,000. DATES: Written comments should be Vicki S. Thorpe, Estimated Time Per Respondent: 20 received on or before February 6, 2006, Manager, Graphics, Printing and Records minutes. to be assured of consideration. Branch. Estimated Total Annual Burden ADDRESSES: Direct all written comments [FR Doc. E5–6970 Filed 12–6–05; 8:45 am] Hours: 333. to Bureau of the Public Debt, Vicki S. BILLING CODE 4810–39–P
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Reader Aids Federal Register Vol. 70, No. 234 Wednesday, December 7, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER
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. 239...... 72372 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 18 CFR The United States Government Manual 741–6000 7967...... 72575 Proposed Rules: Other Services 5 CFR 41...... 72730 158...... 72730 Electronic and on-line services (voice) 741–6020 300...... 72065 284...... 72090 Privacy Act Compilation 741–6064 307...... 72065 286...... 72730 Public Laws Update Service (numbers, dates, etc.) 741–6043 315...... 72065 349...... 72730 TTY for the deaf-and-hard-of-hearing 741–6086 316...... 72065 330...... 72065 19 CFR 335...... 72065 360...... 72373 ELECTRONIC RESEARCH 550...... 72065 World Wide Web 551...... 72065 20 CFR 720...... 72065 Full text of the daily Federal Register, CFR and other publications 655...... 72556 is located at: http://www.gpoaccess.gov/nara/index.html 7 CFR Proposed Rules: 404...... 72411, 72416 Federal Register information and research tools, including Public 210...... 72349 416...... 72411, 72416 Inspection List, indexes, and links to GPO Access are located at: 220...... 72349 http://www.archives.gov/federallregister/ 226...... 72349 21 CFR E-mail 272...... 72350 Ch. I ...... 72074 274...... 72350 610...... 72197 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 276...... 72350 Proposed Rules: an open e-mail service that provides subscribers with a digital 278...... 72350 610...... 72257 form of the Federal Register Table of Contents. The digital form 279...... 72350 of the Federal Register Table of Contents includes HTML and 280...... 72350 24 CFR PDF links to the full text of each document. 319...... 72068 203...... 72696 To join or leave, go to http://listserv.access.gpo.gov and select 979...... 72699 Online mailing list archives, FEDREGTOC-L, Join or leave the list 984...... 72195 26 CFR (or change settings); then follow the instructions. 985...... 72355 1...... 72376 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: Proposed Rules: 1220...... 72257 service that notifies subscribers of recently enacted laws. 1...... 72260 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 12 CFR 27 CFR and select Join or leave the list (or change settings); then follow 796...... 72702 9 ...... 72707, 72710, 72713, the instructions. 13 CFR 72717 FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: respond to specific inquiries. 121...... 72577 4...... 72731 123...... 72577 Reference questions. Send questions and comments about the 5...... 72731 Federal Register system to: [email protected] 14 CFR 7...... 72731 9...... 72733 The Federal Register staff cannot interpret specific documents or 23...... 72068, 72070 regulations. 39 ...... 72358, 72361, 72363, 28 CFR 72366, 72368, 72595 16...... 72199 FEDERAL REGISTER PAGES AND DATE, DECEMBER 71...... 72371 97...... 72703, 72705 29 CFR 72065–72194...... 1 Proposed Rules: 4011...... 72074 72195–72348...... 2 13...... 72403 4022...... 72074 72349–72576...... 5 39 ...... 72083, 72085, 72088, 4044...... 72076, 72205 72577–72698...... 6 72327, 72406, 72409, 72599, 30 CFR 72699–72880...... 7 72601, 72726 47...... 72403 204...... 72381 61...... 72403 91...... 72403 31 CFR 183...... 72403 Proposed Rules: 1...... 72739 15 CFR 748...... 72073 33 CFR Proposed Rules: 17 CFR 117...... 72419 200...... 72566 201...... 72566 37 CFR 229...... 72372 253...... 72077
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REMINDERS Commerce Control List— process heaters; FEDERAL The items in this list were Libya; license exception reconsideration; comments COMMUNICATIONS editorially compiled as an aid authorizing export or due by 12-15-05; COMMISSION to Federal Register users. reexport to U.S. published 10-31-05 [FR Television broadcasting: Inclusion or exclusion from persons; comments due 05-21531] Closed captioning of video this list has no legal by 12-16-05; published Air quality implementation programming; comments significance. 11-16-05 [FR 05-22674] plans: due by 12-16-05; COMMERCE DEPARTMENT Preparation, adoption and published 11-25-05 [FR submittal— E5-06585] RULES GOING INTO National Oceanic and EFFECT DECEMBER 7, Atmospheric Administration Volatile organic FEDERAL DEPOSIT compounds; emissions 2005 Fishery conservation and INSURANCE CORPORATION management: reductions in ozone Federal interest rate authority; Magnuson-Stevens Act nonattainment and interstate banking; DEFENSE DEPARTMENT maintenance areas; Army Department provisions— comments due by 12-13-05; comments, data, and published 10-14-05 [FR 05- Personnel: Pacific Coast groundfish; information request; 20582] Army Board for Correction fishing capacity comments due by 12- of Military Records; reduction program; 16-05; published 10-13- Practice and procedure: policies, procedures, and comments due by 12- 05 [FR 05-20520] Insured status; notification of administrative instructions; 14-05; published 11-29- changes; comments due 05 [FR 05-23464] Air quality implementation published 11-7-05 plans; approval and by 12-13-05; published DEFENSE DEPARTMENT Northeastern United States promulgation; various 10-14-05 [FR 05-20590] fisheries— Engineers Corps States; air quality planning FEDERAL RESERVE Danger zones and restricted Spiny dogfish; comments purposes; designation of SYSTEM areas: due by 12-16-05; areas: Truth in lending (Regulation published 12-1-05 [FR Florida; various military Indiana; comments due by Z): 05-23536] sites; published 11-7-05 12-14-05; published 11- Open-end credit rules; West Coast States and HEALTH AND HUMAN 14-05 [FR 05-22466] comment extension; Western Pacific SERVICES DEPARTMENT Air quality implementation comments due by 12-16- fisheries— Food and Drug plans; approval and 05; published 10-17-05 Administration Coastal pelagic species; promulgation; various [FR 05-20664] comments due by 12- Medical devices: States: GOVERNMENT ETHICS 16-05; published 11-16- Arizona; comments due by OFFICE General and plastic surgery 05 [FR 05-22729] devices— 12-12-05; published 11- Government ethics: Pacific Coast groundfish; Low energy ultrasound 10-05 [FR 05-22378] comments due by 12- Mutual funds and unit wound cleaner; Indiana; comments due by 12-05; published 10-12- investment trusts; classification; published 12-16-05; published 11- 05 [FR 05-20344] additional exemption; 11-7-05 16-05 [FR 05-22695] comments due by 12-14- Salmon; comments due TRANSPORTATION Air quality planning purposes; 05; published 11-14-05 by 12-13-05; published DEPARTMENT designation of areas: [FR 05-22476] 11-28-05 [FR 05-23284] Federal Aviation Arizona; comments due by CONSUMER PRODUCT HEALTH AND HUMAN Administration 12-12-05; published 11- SERVICES DEPARTMENT Standard instrument approach SAFETY COMMISSION 10-05 [FR 05-22372] All terrain vehicles; injuries Children and Families procedures; published 12-7- Pesticides; emergency Administration 05 and deaths reduction; exemptions, etc.: regulatory and non- State Parent Locator Service; Imidacloprid; comments due regulatory actions; safeguarding child support by 12-12-05; published COMMENTS DUE NEXT comments due by 12-13-05; information; comments due 10-12-05 [FR 05-20209] WEEK published 10-14-05 [FR 05- by 12-13-05; published 10- 20557] Protection of human subjects: 14-05 [FR 05-20508] AGRICULTURE ENERGY DEPARTMENT Intentional dosing human HEALTH AND HUMAN DEPARTMENT studies— Assistance regulations: SERVICES DEPARTMENT Animal and Plant Health Pregnant women, fetuses, Financial rules and Centers for Medicare & Inspection Service and newborns; technology investment Medicaid Services Plant-related quarantine, additional protections; agreements; Medicare: foreign: comments due by 12- implementation; comments Fruits and vegetables 12-05; published 9-12- Physicians’ referrals to due by 12-15-05; importation; conditions 05 [FR 05-18010] health care entities with governing entry; published 11-15-05 [FR which they have financial 05-22475] Water pollution; effluent relationships; electronic comments due by 12-12- guidelines for point source Energy conservation: prescribing and health 05; published 10-12-05 categories: [FR 05-20388] Consumer products and records arrangements; Meat and poultry products commercial and industrial comments due by 12-12- Plant protection and processing facilities; Open equipment; meeting; 05; published 10-11-05 quarantine: for comments until further comments due by 12-15- [FR 05-20322] Black stem rust; comments notice; published 9-8-04 05; published 10-24-05 HEALTH AND HUMAN due by 12-12-05; [FR 04-12017] [FR 05-21248] SERVICES DEPARTMENT published 10-12-05 [FR Pretreatment regulations; 05-20387] ENVIRONMENTAL removal credits; Food and Drug COMMERCE DEPARTMENT PROTECTION AGENCY availability and Administration Industry and Security Air pollutants, hazardous; procedures; comments Animal drugs, feeds, and Bureau national emission standards: due by 12-13-05; related products: Export administration Industrial, commercial, and published 10-14-05 [FR Minor uses or minor regulations: industrial boilers and 05-20000] species; new drugs
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designation; comments PERSONNEL MANAGEMENT Boeing; Open for comments Organizational and due by 12-12-05; OFFICE until further notice; employee performance; published 9-27-05 [FR 05- Prevailing rate systems; published 8-16-04 [FR 04- balanced measurement 19196] comments due by 12-16-05; 18641] system; comments due by Food additives: published 11-16-05 [FR 05- Bombardier; comments due 12-16-05; published 10- Vitamin D use as nutrient 22742] by 12-12-05; published 17-05 [FR 05-20438] supplement in cheese and SMALL BUSINESS 11-10-05 [FR 05-22445] cheese products; ADMINISTRATION British Aerospace; LIST OF PUBLIC LAWS comments due by 12-12- comments due by 12-16- Small business size standards: 05; published 11-16-05 05; published 10-12-05 This is a continuing list of [FR 05-22670] Gulf Opportunity Pilot Loan [FR 05-20068] Program; comments due public bills from the current Dowty Aerospace Propellers; HEALTH AND HUMAN by 12-14-05; published session of Congress which comments due by 12-12- SERVICES DEPARTMENT 11-14-05 [FR 05-22569] have become Federal laws. It Inspector General Office, 05; published 10-13-05 may be used in conjunction Security guards and patrol [FR 05-20170] Health and Human Services services; comments due with ‘‘PLUS’’ (Public Laws Department Eurocopter France; Update Service) on 202–741– by 12-12-05; published comments due by 12-16- Medicare and State health 11-10-05 [FR 05-22430] 6043. This list is also care programs; fraud and 05; published 10-17-05 available online at http:// Surety Bond Guarantee abuse: [FR 05-20679] www.archives.gov/federal- Program; comments due Electronic prescribing MD Helicopters, Inc.; register/laws.html. by 12-14-05; published comments due by 12-16- arrangements; safe harbor 11-14-05 [FR 05-22570] The text of laws is not under Federal anti- 05; published 10-17-05 SOCIAL SECURITY [FR 05-20678] published in the Federal kickback statute; Register but may be ordered ADMINISTRATION Raytheon; comments due by comments due by 12-12- in ‘‘slip law’’ (individual Administrative regulations: 12-12-05; published 10- 05; published 10-11-05 pamphlet) form from the 27-05 [FR 05-21438] [FR 05-20315] Penalty imposition for false Superintendent of Documents, HOMELAND SECURITY or misleading statements Airworthiness standards: U.S. Government Printing DEPARTMENT or witholding information; Special conditions— Office, Washington, DC 20402 Coast Guard representative payment Cessna Model 650 (phone, 202–512–1808). The policies and procedures; Ports and waterways safety; airplanes; comments text will also be made comments due by 12-16- regulated navigation areas, due by 12-14-05; available on the Internet from 05; published 10-17-05 safety zones, security published 11-14-05 [FR GPO Access at http:// [FR 05-20697] zones, etc.: 05-22521] www.gpoaccess.gov/plaws/ Social security benefits and Chicago Sanitary and Ship Class E airspace; comments index.html. Some laws may supplemental security Canal, IL; comments due due by 12-14-05; published not yet be available. income: 11-14-05 [FR 05-22523] by 12-14-05; published H.R. 4145/P.L. 109–116 11-14-05 [FR 05-22497] Federal old age, survivors, TRANSPORTATION To direct the Joint Committee and disability insurance DEPARTMENT Port Valdes and Valdez on the Library to obtain a Narrows, AK; comments and aged, blind, and Maritime Administration disabled— statue of Rosa Parks and to due by 12-13-05; Coastwise-qualified launch place the statue in the United Work activity exemption; published 10-14-05 [FR barges; availability States Capitol in National basis for continuing 05-20636] determination; comments Statuary Hall, and for other disability review; INTERIOR DEPARTMENT due by 12-13-05; published purposes. (Dec. 1, 2005; 119 comments due by 12- 10-19-05 [FR 05-20700] Stat. 2524) Fish and Wildlife Service 12-05; published 10-11- TRANSPORTATION Importation, exportation, and 05 [FR 05-20266] H.R. 126/P.L. 109–117 transportation of wildlife: DEPARTMENT To amend Public Law 89-366 TRANSPORTATION National Highway Traffic Humane and healthful DEPARTMENT to allow for an adjustment in transportation of wild Safety Administration the number of free roaming mammals and birds in the Federal Aviation Motor vehicle safety horses permitted in Cape U.S.; comments due by Administration standards: Lookout National Seashore. 12-15-05; published 9-16- Aircraft: Occupant crash protection— (Dec. 1, 2005; 119 Stat. 2526) 05 [FR 05-18416] New aircraft; standard Occupant Protection H.R. 539/P.L. 109–118 Injurious wildlife— airworthiness certification; Incentive Grant Program Caribbean National Forest Act Black carp; comments comments due by 12-12- criteria; technical of 2005 (Dec. 1, 2005; 119 due by 12-16-05; 05; published 11-10-05 amendments; comments Stat. 2527) [FR 05-22457] due by 12-14-05; published 10-27-05 [FR H.R. 606/P.L. 109–119 05-21440] Airworthiness directives: published 11-14-05 [FR 05-22496] Angel Island Immigration Migratory bird permits: Airbus; comments due by Station Restoration and Educational use; permit 12-12-05; published 10- TREASURY DEPARTMENT Preservation Act (Dec. 1, regulations governing 12-05 [FR 05-20069] Internal Revenue Service 2005; 119 Stat. 2529) possession of live birds BAE Systems (Operations) Procedure and administration: H.R. 1972/P.L. 109–120 and eagles; comments Ltd.; comments due by Collection due process Franklin National Battlefield due by 12-12-05; 12-15-05; published 11- procedures relating to published 10-13-05 [FR 15-05 [FR 05-22587] Study Act (Dec. 1, 2005; 119 notice upon filing notice of Stat. 2531) 05-20593] Bell Helicopter; comments tax lien; comments due NATIONAL CREDIT UNION due by 12-16-05; by 12-15-05; published 9- H.R. 1973/P.L. 109–121 ADMINISTRATION published 10-17-05 [FR 16-05 [FR 05-18469] Senator Paul Simon Water for NCUA examiners; post- 05-20681] Levy; notice and opportunity the Poor Act of 2005 (Dec. 1, employment restrictions; Bell Helicopter Textron; for hearing; comments 2005; 119 Stat. 2533) comments due by 12-17-05; comments due by 12-12- due by 12-15-05; H.R. 2062/P.L. 109–122 published 12-7-05 [FR 05- 05; published 10-13-05 published 9-16-05 [FR 05- To designate the facility of the 23710] [FR 05-20324] 18470] United States Postal Service
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located at 57 West Street in Palladino Post Office’’. (Dec. listserv.gsa.gov/archives/ Newville, Pennsylvania, as the 1, 2005; 119 Stat. 2542) publaws-l.html ‘‘Randall D. Shughart Post H.R. 3853/P.L. 109–124 Public Laws Electronic Office Building’’. (Dec. 1, To designate the facility of the Notification Service Note: This service is strictly 2005; 119 Stat. 2541) United States Postal Service (PENS) for E-mail notification of new H.R. 2183/P.L. 109–123 located at 208 South Main laws. The text of laws is not To designate the facility of the Street in Parkdale, Arkansas, available through this service. United States Postal Service as the Willie Vaughn Post PENS is a free electronic mail located at 567 Tompkins Office. (Dec. 1, 2005; 119 notification service of newly PENS cannot respond to Avenue in Staten Island, New Stat. 2543) enacted public laws. To specific inquiries sent to this York, as the ‘‘Vincent Last List December 2, 2005 subscribe, go to http:// address.
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