9–5–06 Tuesday Vol. 71 No. 171 Sept. 5, 2006

Pages 52285–52402

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Contents Federal Register Vol. 71, No. 171

Tuesday, September 5, 2006

Agricultural Marketing Service Environmental Protection Agency RULES NOTICES Hass avocado promotion, research, and information: Confidential business information and data transfer, 52325– Hass Avocado Board; presentation adjustment, 52285– 52326 52287 Meetings: Human Studies Review Board, 52326–52327 Agriculture Department Toxic and hazardous substances control: See Agricultural Marketing Service Lead-based paint activities— See Forest Service Hawaii, 52327–52329 NOTICES New chemicals— Agency information collection activities; proposals, Receipt and status information, 52329–52333 submissions, and approvals, 52317 Federal Aviation Administration Centers for Disease Control and Prevention RULES NOTICES Airworthiness standards: Agency information collection activities; proposals, Transport category airplanes— submissions, and approvals, 52333–52335 Thermal/acoustic insulation materials; improved flammability standards, 52287–52288 Commerce Department PROPOSED RULES See International Trade Administration Airworthiness directives: See National Institute of Standards and Technology Bombardier, 52300–52302 See National Oceanic and Atmospheric Administration Airworthiness standards: Special conditions— Boeing 737 airplanes; digital flight data recorder Commodity Futures Trading Commission regulation revisions, 52382–52401 NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 52323 Southern Nevada Supplemental Airport, Clark County, NV; construction and operation; meetings, 52367– Corporation for National and Community Service 52368 NOTICES Agency information collection activities; proposals, Federal Bureau of Investigation submissions, and approvals, 52324 PROPOSED RULES Criminal justice information systems: Customs and Border Protection Bureau Criminal history record information and fingerprint RULES submissions; retention and exchange, 52302–52305 Organization and functions; field organization; ports of entry, etc.: Sacramento, CA; port establishment and realignment, Federal Election Commission 52288–52290 PROPOSED RULES Rulemaking petitions: AFL-CIO et al., 52295–52296 Defense Department See Defense Intelligence Agency Federal Highway Administration Defense Intelligence Agency NOTICES NOTICES Agency information collection activities; proposals, Privacy Act; systems of records, 52324–52325 submissions, and approvals, 52368 Environmental statements; notice of intent: Clay and St. Johns Counties, FL, 52369 Election Assistance Commission NOTICES Meetings; Sunshine Act, 52325 Federal Reserve System NOTICES Employment and Training Administration Banks and bank holding companies: NOTICES Formations, acquisitions, and mergers, 52333 Adjustment assistance; applications, determinations, etc.: Airtex Products, 52344 Fish and Wildlife Service Bristol Compressors, 52344–52345 PROPOSED RULES Indiana Tube Corp., 52345 Importation, exportation, and transportation of wildlife: Jacquard, LLC, 52345 Injurious wildlife— Merrill Corp., 52346–52347 Silver carp and largescale silver carp, 52305–52316

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NOTICES Labor Department Endangered and threatened species: See Employment and Training Administration Survival enhancement permits— California red-legged frog and tiger salamander; safe Land Management Bureau harbor agreement, 52339–52340 NOTICES Red-legged frog; CA; safe harbor agreement, 52337– Environmental statements; record of decision: 52339 Cotterel Wind Power Project and Cassia resource Endangered and threatened species permit applications, management plan, 52340 determinations, etc., 52336–52337 Organization, functions, and authority delegations: Fort Benton River Management Station, Visitor Contact Foreign Assets Control Office Station, and Law Enforcement Ranger, MT; offices NOTICES relocation, 52340–52341 Sanctions; blocked persons, specially designated nationals, terrorists, narcotics traffickers, and foreign terrorist National Aeronautics and Space Administration organizations: NOTICES Narcotics-related blocked persons; additional Environmental statements; availability, etc.: designations, 52370 Mars Science Laboratory Mission, 52347–52348 Terrorism-related blocked persons and entities; additional designations, 52370–52371 National Highway Traffic Safety Administration RULES Forest Service Insurer reporting requirements: NOTICES Insurers required to file reports; list, 52291–52294 Meetings: Deschutes Provincial Advisory Committee, 52317–52318 National Institute of Standards and Technology Lake Tahoe Basin Federal Advisory Committee, 52318 NOTICES Resource Advisory Committees— Agency information collection activities; proposals, Southwest Idaho, 52318 submissions, and approvals, 52320–52321

Health and Human Services Department National Oceanic and Atmospheric Administration See Centers for Disease Control and Prevention NOTICES See Health Resources and Services Administration Meetings: NOTICES Caribbean Fishery Management Council, 52321–52322 Meetings: New England Fishery Management Council, 52322 Vital and Health Statistics National Committee, 52333 Reports and guidance documents; availability, etc.: Health Resources and Services Administration South Slough National Estuarine Research Reserve Management Plan Revision, 52322–52323 NOTICES Meetings: National Park Service Rural Health and Human Services National Advisory NOTICES Committee, 52335–52336 National Register of Historic Places; pending nominations, Homeland Security Department 52341–52342 See Customs and Border Protection Bureau National Science Foundation Interior Department NOTICES See Fish and Wildlife Service Agency information collection activities; proposals, See Land Management Bureau submissions, and approvals, 52348–52349 See National Park Service Pension Benefit Guaranty Corporation See Reclamation Bureau NOTICES Internal Revenue Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 52349–52350 Agency information collection activities; proposals, submissions, and approvals, 52371–52375 Reclamation Bureau NOTICES International Trade Administration Environmental statements; notice of intent: NOTICES Upper Truckee River Restoration and Golf Course Antidumping: Relocation Project, CA, 52342–52344 Low enriched uranium from— France, 52318–52320 Securities and Exchange Commission Stainless steel sheet and strip in coils from— NOTICES Mexico, 52320 Agency information collection activities; proposals, submissions, and approvals, 52350 International Trade Commission Meetings; Sunshine Act, 52351 NOTICES Self-regulatory organizations; proposed rule changes: Meetings; Sunshine Act, 52344 Chicago Board Options Exchange, Inc., 52351 NASDAQ Stock Market LLC, 52351–52356 Justice Department National Association of Securities Dealers, Inc., 52356– See Federal Bureau of Investigation 52361

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Small Business Administration See Federal Highway Administration PROPOSED RULES See National Highway Traffic Safety Administration Business loans: See Surface Transportation Board Lender examination and review fees, 52296–52300 NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities; proposals, Corridors of the Future Program, 52364–52367 submissions, and approvals, 52362 Disaster and emergency areas: Treasury Department New York, 52362 See Foreign Assets Control Office Intergovernmental review of agency programs and See Internal Revenue Service activities, 52362–52363 See Thrift Supervision Office Applications, hearings, determinations, etc.: Rustic Canyon Ventures SBIC, L.P., 52362 Veterans Affairs Department RULES State Department Adjudication; pensions, compensation, dependency, etc.: NOTICES Forfeiture; clarification, 52290 Culturally significant objects imported for exhibition determinations: I See No Stranger; Early Sikh Art and Devotion, 52364 Separate Parts In This Issue Meetings: International Telecommunication Advisory Committee, Part II 52364 Transportation Department, Federal Aviation Surface Transportation Board Administration, 52382–52401 NOTICES Railroad services abandonment: Minnesota Northern Railroad, Inc., 52369–52370 Reader Aids Consult the Reader Aids section at the end of this issue for Thrift Supervision Office phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Reports and guidance documents; availability, etc.: Community Reinvestment Act regulations; questions and To subscribe to the Federal Register Table of Contents answers, 52375–52379 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Transportation Department archives, FEDREGTOC-L, Join or leave the list (or change See Federal Aviation Administration 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 1219...... 52285 11 CFR Proposed Rules: 100...... 52295 13 CFR Proposed Rules: 120...... 52296 14 CFR 91...... 52287 121...... 52287 125...... 52287 135...... 52287 Proposed Rules: 39...... 52300 91...... 52382 121...... 52382 125...... 52382 19 CFR 101...... 52288 28 CFR Proposed Rules: 20...... 52302 38 CFR 3...... 52290 49 CFR 544...... 52291 50 CFR Proposed Rules: 16...... 52305

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Rules and Regulations Federal Register Vol. 71, No. 171

Tuesday, September 5, 2006

This section of the FEDERAL REGISTER telephone (202) 720–9915, fax (202) Regulatory Flexibility Act and contains regulatory documents having general 205–2800, or e-mail Paperwork Reduction Act applicability and legal effect, most of which [email protected]. are keyed to and codified in the Code of In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 601 et Federal Regulations, which is published under SUPPLEMENTARY INFORMATION: The Hass seq.], the Agricultural Marketing Service 50 titles pursuant to 44 U.S.C. 1510. Avocado Promotion, Research, and has considered the economic impact of Consumer Information Order (Order) is The Code of Federal Regulations is sold by this action on small entities and has issued under the Hass Avocado the Superintendent of Documents. Prices of certified that this rule will not have a Promotion, Research, and Information new books are listed in the first FEDERAL significant economic impact on a REGISTER issue of each week. Act of 2000 (Act) [7 U.S.C. 7801–7813]. substantial number of small entities. Executive Order 12866 The purpose of the RFA is to fit regulatory actions to the scale of DEPARTMENT OF AGRICULTURE The Office of Management and Budget businesses subject to such actions so Agricultural Marketing Service has waived the review process required that small businesses will not be by Executive Order 12866 for this disproportionately burdened. In 7 CFR Part 1219 action. accordance with the provision of the Act and section 1219.30 of the Order, Executive Order 12988 [Doc. No. FV–06–701–FR] this rule merely adjusts representation This rule has been reviewed under on the Board to reflect changes in Amendment to the Hass Avocado production levels of domestic Hass Promotion, Research, and Information Executive Order 12988, Civil Justice Reform. This rule is not intended to avocados in the U.S. and the volume of Order: Adjust Representation on the imported Hass avocados into the U.S. Hass Avocado Board have retroactive effect. Section 1212(c) of the Hass Avocado Promotion, over the 2003, 2004, and 2005 calendar AGENCY: Agricultural Marketing Service, Research, and Information Act of 2000 year. There are approximately 20,000 USDA. states that the Act may not be construed producers and 200 importers, covered ACTION: Final rule. to preempt or supersede any other by the Hass avocado program. The program relating to Hass avocado Small Business Administration [13 CFR SUMMARY: This rule adjusts the number promotion, research, industry 121.201] defines small agricultural of members on the Hass Avocado Board information, and consumer information producers as those having annual (Board) to reflect changes in the organized and operated under the laws receipts of $750,000 or less annually production of domestic Hass avocados of the United States or of a State. and small agricultural service firms as in the United States and the volume of those having annual receipts of $6.5 imported Hass avocados into the U.S. Under Section 1207(a)(1) of the Hass million or less. Importers would be over the 2003, 2004, and 2005 calendar Avocado Promotion, Research, and considered agricultural service firms. years, which are three years after Information Act of 2000, a person Using these criteria, most producers and assessments commenced. These subject to the Order may file a petition importers covered by the program adjustments are required by the Hass with the Department of Agriculture would be considered small businesses Avocado Promotion, Research, and (USDA) stating that the Order, any under the criteria established by the Information Order (Order). The results provision for the Order, or any Small Business Administration (13 CFR of the adjustment is one additional obligation imposed in connection with 121.201). importer member and alternate and one the Order, is not established in At its January 2006 meeting, the less domestic producer member and accordance with law, and requesting a Board reviewed the production for the alternate of Hass avocados that are modification of the Order or an domestic Hass avocados in the U.S. and subject to assessments. As a result of exemption from the Order. Any petition the volume of imported Hass avocados these changes, the Board membership filed challenging the Order, any over the 2003, 2004, and 2005 calendar will be composed of seven domestic provision of the Order, or any obligation years and decided to recommend one producer members and alternates and imposed in connection with the Order, additional member and alternate five importer members and alternates. shall be filed within two years after the member for importers and one less Currently, the Board is composed of effective date of the Order, provision, or member and alternate for domestic eight domestic producer members and obligation subject to challenge in the producers of Hass avocados that are alternates, and four importer members petition. The petitioner will have the subject to the assessment. The total and alternates. These changes to the opportunity for a hearing on the average combined volume of Hass Board are effective for the Secretary of petition. Thereafter, USDA will issue a avocados produced in the U.S. and Agriculture’s 2006 appointments. ruling on the petition. The Act provides imported into the U.S. for the 2003, EFFECTIVE DATE: October 5, 2006. that the district court of the United 2004, and 2005 calendar years was 712 FOR FURTHER INFORMATION CONTACT: States in any district in which the million pounds. Of this amount, 53.2 Marlene M. Betts, Research and petitioner resides or conducts business percent was Hass avocados imported Promotion Branch, Fruit and Vegetable shall have the jurisdiction to review a into the U.S. and 46.8 percent was Programs, Agricultural Marketing final ruling on the petition, if the domestically produced Hass avocados. Service, USDA, Stop 0244, 1400 petitioner files a complaint for that Representation on the Board (12) is Independence Avenue, SW., Room purpose not later that 20 days after the comprised of: (1) Seven producer 2535–S, Washington, DC 20250–0244, date of the entry of USDA’s final ruling. members and their alternates; (2) two

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importer members and their alternates; seats.’’ The three ‘‘swing seats’’ are On May 9, 2006, an interim final rule and, (3) three producer or importer allocated so as to reflect as nearly as concerning this action was published in members and their alternates, also possible the proportion of domestic the Federal Register. Copies of the rule known as the ‘‘swing seats.’’ Under the production and imports supplying the were made available through the Act and Order the three ‘‘swing seats’’ U.S. market. Such proportion is Internet by USDA and the Office of the are allocated so as to reflect as nearly as determined using the average volume of Federal Register. The rule provided a possible the proportion of domestic domestic production and the average 60-day comment period which ended production and imports supplying the volume of imports into the U.S. market July 10, 2006. Two comments were U.S. market. The proportion is based on over the previous three years. received, both of which were favorable. the average volume of domestic Section 1219.30(c) of the Order The commenters’ support the rule that production and the average volume of provides that at the end of three years adjusts the number of producer and imports into the U.S. market over the after assessment funds began, the Board importer members on the Hass Avocado previous three years. With regard to shall review the production of domestic Board. The commenters’ support the alternatives, the adjustments to the three Hass avocados in the U.S. and the adjustment to the Board that would give ‘‘swing seats’’ in this rule are in volume of imported Hass avocados on the three ‘‘swing seats’’ to the importers. conformance with the provisions of the the basis of the amount of assessments In addition, the commenters state that it Act and Order. This rule merely adjusts collected from producers and importers is important that the change be made as representation on the Board to provide over the immediately preceding three- part of the Secretary’s 2006 the ‘‘swing seats’’ with three importer year period. The Board may recommend appointments so that members currently members and imposes no new burden to the Secretary modification to the serving could complete their terms of on the industry. Board based on proportion of domestic office and easily seat the new members There are no relevant Federal rules production and imports supplying the at the start of the Board’s fiscal year. that duplicate, overlap, or conflict with U.S. market. Both commenters support the this rule. At its January 2006 meeting, the implementation of the interim final rule In accordance with the Office of Board reviewed the production for the as it was presented. However, one Management and Budget (OMB) domestic Hass avocados in the U.S. and commenter was of the view that under regulation [5 CFR part 1320] which the volume of imported Hass avocados the Act and Order, the Board had implements the Paperwork Reduction over the 2003, 2004, and 2005 calendar authority to conduct the administrative Act of 1995 [44 U.S.C. Chapter 35], the years and decided to recommended one process leading to recommending information collection and additional member and alternate candidates to the Secretary and that recordkeeping requirements that are member for importers and one less rulemaking was unnecessary to imposed by the Order have been complete the process to adjust approved previously under OMB member and alternate for domestic representation on the Board. We control number 0581–0093. This rule producers of Hass avocados that are does not result in a change to the subject to the assessment. The total disagree. The Department properly information collection and average combined volume of Hass initiated rulemaking to adjust recordkeeping requirements previously avocados produced in the U.S. and representation on the Board and this approved. imported into the U.S. for the 2003, action completes the rulemaking 2004, and 2005 calendar years was 712 process. Background million pounds. Of this amount, 53.2 After consideration of all relevant The Hass Avocado Promotion, percent was Hass avocados imported material presented including comments, Research, and Information Act of 2000 into the U.S. and 46.8 percent was the Board’s recommendation, and other (7 U.S.C. 7801–7813) provides for the domestically produced Hass avocados. information, the interim final rule, as establishment of a coordinated program Representation on the Board (12) is published in the Federal Register (71 of promotion, research, industry comprised of: (1) Seven producer FR 26821) on May 9, 2006, is adopted information, and consumer information members and their alternates; (2) two as a final rule. designed to strengthen the avocado importer members and their alternates; Representation on the Board based on industry’s position in the domestic and, (3) three producer or importer the changes in the production of marketplace, and to maintain, develop, members and their alternates, also domestic Hass avocados and the volume and expand markets and uses for Hass known as the ‘‘swing seats.’’ Under the of imported Hass avocados into the U.S. avocados in the domestic marketplace. Act and Order the three ‘‘swing seats’’ over the 2003, 2004, and 2005 calendar The program is financed by an are allocated so as to reflect as nearly as year results in one additional importer assessment of 2.5 cents per pound on possible the proportion of domestic member and alternate and one less fresh Hass avocados produced and production and imports supplying the producer member and alternate. handled in the U.S. and on fresh Hass U.S. market. The proportion is based on Accordingly, all of the ‘‘swing seats’’ are avocados imported into the U.S. Also the average volume of domestic importers’ therefore, the 12-member under the Act, the Secretary may issue production and the average volume of Board will be comprised of seven regulations. Pursuant to the Act, an imports into the U.S. market over the producer members and alternates and Order was made effective September 9, previous three years. five importer members and alternates 2002. The Order established a Board of The current 12 member Board is effective for the Secretary of 12 members and alternates. For composed of eight producer members Agriculture’s 2006 appointments. purposes of establishing the Board, and alternates, and four importer List of Subjects in 7 CFR Part 1219 seven members and their alternates members and alternates; meaning (1) shall be producers of Hass avocados; seven producer members and alternates; Administrative practice and two members and their alternates shall (2) two importer members and procedure, Advertising, Consumer be importers of Hass avocados; and, alternates; and, (3) of the three ‘‘swing information, Hass avocados, Hass three members and their alternates shall seats’’ two are currently importer avocado promotion, Marketing be producers or importers of Hass member and alternate seats and one is agreements, Reporting and avocados, also known as the ‘‘swing a producer member and alternate seat. recordkeeping requirements.

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I For the reasons set forth in the Background is intended to address insulation that is preamble, under the authority of 7 On September 20, 2000, the FAA often replaced. The objective of that U.S.C. 7801–7813 the amendments to 7 published Notice No. 00–09, which requirement is to encourage production CFR part 1219 published at 71 FR proposed to upgrade the flammability only of materials that comply with the 26821, May 9, 2006, are adopted as final and fire protection standards for new standards, as well as to purge without change. thermal/acoustic insulation installed in inventories of materials that do not Dated: August 24, 2006. transport category airplanes (65 FR comply. Thus, the two provisions are complementary, and need not be the Lloyd C. Day, 56992). The notice contained a same. Since manufacturers are provision that would require thermal/ Administrator, Agricultural Marketing producing airplanes that comply with Service. acoustic insulation to comply with the the existing requirements of § 25.856(a), proposed new standards when used as [FR Doc. 06–7372 Filed 9–1–06; 8:45 am] the requirements are clearly feasible. replacements on airplanes already in BILLING CODE 3410–02–P Changing part 25 as requested would service, as well as requirements about reduce the level of safety already newly manufactured airplanes. The achieved. requirement was adopted in the final Boeing further suggests the definition DEPARTMENT OF TRANSPORTATION rule, published on July 31, 2003, in of insulation provided in the final rule §§ 91.613(b)(1), 121.312(e)(1), be included in Advisory Circular Federal Aviation Administration 125.113(c)(1), and 135.170(c)(1) (68 FR 25.856–1 and possibly § 25.856(a) to be 45046). These rules required operators consistent. The FAA does not agree. 14 CFR Parts 91, 121, 125 and 135 to use replacement insulation materials Amendment 91–290 et al., does not meeting the requirements of § 25.856 ‘‘define’’ insulation. These amendments [Docket No. 2005–23462] after September 2, 2005. modify the applicability of requirements For reasons discussed in the for insulation. That is, they specify the RIN 2120–AI64 preamble, we published Amendment conditions under which we require Nos. 91–290, 121–320, 125–50, and compliance with § 25.856(a) for Thermal/Acoustic Insulation Installed 135–103 on December 30, 2005, to replacement thermal/acoustic on Transport Category Airplanes refocus the requirements for insulation. Thus, we require no changes replacement materials (70 FR 77748). to the advisory circular since it pertains AGENCY: Federal Aviation Because of these amendments, only to compliance with § 25.856(a), and Administration (FAA), DOT. certain types of thermal/acoustic does not apply if compliance with ACTION: Disposition of comments on insulation are required to comply with § 25.856(a) is not required. final rule. the upgraded standards when replaced. Boeing also suggests we change the As noted in the preamble, the revised rule to exclude blanket type insulation SUMMARY: On December 30, 2005, the requirements align the regulatory installed inside galley inserts or other FAA published a final rule; request for language more closely with the intent of components. These components can be comments (Amendment Nos. 91–290, the provision. replaced and it is not obvious the 121–320, 125–50, and 135–103), on the Although the immediately adopted replacement includes insulation. The requirements for thermal/acoustic rule revised the replacement provisions, FAA does not agree. Advisory Circular insulation flammability (70 FR 77748). we requested comments on the 25.856–1 already addresses these We sought public comments on those provisions. Six commenters responded components, and describes a means of amendments, but they became effective to the request for comments. compliance that does not necessitate on February 28, 2006. This action Discussion of Comments testing in most cases. Since compliant responds to the comments received on materials are available for those cases that final rule; request for comments. The General Aviation Manufacturers when testing is required, the rule should ADDRESSES: You may review the public Association and Continental Airlines remain as is. docket (Docket No. 2005–23462) in the support the rule as written. AMIS Airbus similarly suggests we change Docket Management Facility between 9 International provided comments that the replacement provision to exclude a.m. and 5 p.m., Monday through were not directed at the substance of the blanket type insulation when bonded to Friday, except Federal holidays. The amendments. Airbus, Boeing and the interior panels, such as sidewalls or Docket Management Facility is on the National Air Transport Association floors. Airbus notes that these are plaza level of the Nassif Building at the (NATA) support the rule, but suggest infrequently replaced and it would be Department of Transportation, Room further changes as well. difficult to change the insulation. The Plaza 401, 400 Seventh Street, SW., Boeing suggests we further amend the FAA does not agree. Although the Washington, DC 20590–0001. Also you rules so the requirements of 14 CFR part insulation is bonded to these panels, if may review the public docket on the 25 match the revised requirements for it is in blanket form, there are available Internet at http://dms.dot.gov. replacement materials. The FAA does substitutes that comply. As long as not agree. The intent of the part 25 rule operators are aware of the particular FOR FURTHER INFORMATION CONTACT: Jeff is to upgrade the standards for thermal/ parts that are affected, they can Gardlin, Airframe and Cabin Safety acoustic insulation in the fuselage of accommodate the upgraded materials Branch (ANM–115), Transport Airplane transport category airplanes. Advisory into their maintenance plan. Directorate, Aircraft Certification Circular 25.856–1, Thermal/Acoustic Airbus also notes that it used many Service, Federal Aviation Insulation Flame Propagation Test resources to modify its affected parts Administration, 1601 Lind Avenue, Method Details, dated 6/24/05, provides and drawings before the compliance SW., Renton, Washington 98055–4056; discussion and methods of compliance date, and now some of that effort telephone (425) 227–2136, facsimile for specific installations that simplify appears wasted. Because the issues with (425) 227–1149, e-mail: the compliance demonstration. replacement insulation were identified [email protected]. Conversely, the provision on very late in the process, the FAA SUPPLEMENTARY INFORMATION: replacement thermal/acoustic insulation acknowledges that Airbus’ proactive

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approach probably did result in changes DEPARTMENT OF HOMELAND 16328). Under these criteria, CBP that ultimately were not strictly SECURITY evaluates whether there is a sufficient required for compliance. However, these volume of import business (actual or changes do improve the overall Customs and Border Protection potential) to justify the expense of flammability of the materials and are establishing a new office or expanding not wasted effort. 19 CFR Part 101 service at an existing location. The [USCBP–2006–0057; CBP Dec. 06–23] NPRM detailed how the Sacramento The NATA concurred with the rule, area meets the criteria. but was concerned the now outdated Establishment of New Port of Entry at Sacramento International Airport part numbers associated with non- Sacramento, CA; Realignment of the currently is a user fee airport. User fee complying parts have not been purged Port Limits of the Port of Entry at San airports, based on the volume of their from parts catalogs. The NATA requests Francisco, CA business, do not qualify for designation the FAA help industry deal with the as CBP ports of entry. User fee airports issue of out of date parts catalogs. Parts AGENCY: Customs and Border Protection; are approved by the Commissioner of catalogs are not directly regulated Department of Homeland Security. CBP to receive the services of CBP documents, and the FAA does not ACTION: Final rule. officers for the processing of aircraft typically maintain oversight of them. entering the United States and their However, the FAA will work with SUMMARY: This document amends the passengers and cargo on a fully operators and airframe manufacturers to Department of Homeland Security reimbursable basis to be paid for by the help facilitate updating of the parts (DHS) regulations pertaining to the field airport on behalf of the recipients of the catalogs. organization of the Bureau of Customs services; the airport pays a fee for the and Border Protection (CBP) by services and then seeks reimbursement Boeing suggested a rewording of the establishing a new port of entry at from the actual users of those services. preamble discussion of insulation that is Sacramento, California, and terminating Passenger-processing fees under 19 the subject of airworthiness directives as the user fee status of Sacramento U.S.C. 58c(a)(5)(B) are collected from follows: ‘‘Insulation that is the subject International Airport. In order to passengers at ports of entry. Because a of airworthiness directives (even if that accommodate this new port of entry, user fee airport pays a fee on a fully insulation is bonded to the surface of this document realigns the port reimbursable basis for the services the duct and would otherwise be boundaries of the port of entry at San performed by CBP, CBP does not also excluded by this rule) must still be Francisco, California (San Francisco- collect the passenger processing fee. In replaced in accordance with those Oakland), since these boundaries the notice, CBP proposed to terminate airworthiness directives.’’ currently encompass area that is the user fee status of Sacramento International Airport, which would also While the FAA acknowledges the included within the new port of terminate the system of reimbursable suggested rewording is more explicit, Sacramento. This change is part of fees for Sacramento International the intent is the same. This discussion CBP’s continuing program to more efficiently utilize its personnel, Airport. Thus, if Sacramento in the preamble was purely a reminder, facilities, and resources to provide International Airport were to become and does not introduce a requirement or better service to carriers, importers, and part of a CBP port of entry, the airport deviate in any way from standard the general public. would then become subject to the procedure. No change to the rule is EFFECTIVE DATES: October 5, 2006. passenger-processing fee provided for at required. 19 U.S.C. 58c(a)(5)(B). FOR FURTHER INFORMATION CONTACT: Conclusion The current port limits of the San Dennis Dore, Office of Field Operations, Francisco-Oakland port of entry are 202–344–2776. After consideration of the comments described in Treasury Decision (T.D.) submitted in response to the final rule; SUPPLEMENTARY INFORMATION: 82–9 (47 FR 1286), effective February request for comments, the FAA has Background 11, 1982, and include area within the determined that no further rulemaking proposed port of Sacramento. In a Notice of Proposed Rulemaking action is necessary and Amendments Accordingly, it was proposed that, if (NPRM) published in the Federal Sacramento is established as a port of Nos. 91–290, 121–320, 125–50, and Register (70 FR 52336) on September 2, 135–103 remain in effect as adopted. entry as described in the NPRM, the 2005, CBP proposed to amend 19 CFR geographical limits of the port of entry Issued in Washington, DC, on August 25, 101.3(b)(1) by establishing a new port of at San Francisco-Oakland would be 2006. entry at Sacramento, California. In the modified. The port of entry at San John J. Hickey, notice, CBP proposed to include in the Francisco-Oakland, with its modified Director, Aircraft Certification Service. port of Sacramento the Sacramento port description, would continue to International Airport, currently a user [FR Doc. E6–14632 Filed 9–1–06; 8:45 am] meet the criteria for port of entry status. fee airport. In addition, CBP proposed to BILLING CODE 4910–13–P realign the San Francisco-Oakland port Analysis of Comments of entry since it includes area within the Fourteen (14) comments were proposed port of Sacramento. received in response to the September 2, CBP proposed the establishment of 2005, NPRM. Twelve (12) of these the new port of entry because the comments were in support of the Sacramento area satisfies the current proposal. criteria for port of entry designations as Three (3) commenters who supported set forth in Treasury Decision (T.D.) 82– the proposal and the two (2) 37 (Revision of Customs Criteria for commenters who objected to the Establishing Ports of Entry and Stations, proposal raised issues regarding Mather 47 FR 10137), as revised by T.D. 86–14 Airport which is located on Mather (51 FR 4559) and T.D. 87–65 (52 FR Boulevard and Highway 50, east of

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Sacramento. The three commenters who Port Description of Sacramento, The Regulatory Flexibility Act and supported the proposal sought California Executive Order 12866 ‘‘clarification’’ as to whether Mather With DHS approval, CBP establishes, Airport was to be included within the The port limits of the port of entry of Sacramento, California are as follows: (i) expands and consolidates CBP ports of boundaries of the new Sacramento port entry throughout the United States to of entry. The two (2) commenters who The corporate limits of Sacramento, including the adjacent territory accommodate the volume of CBP-related objected to the proposal were concerned activity in various parts of the country. that there would be additional aircraft comprised of the McClellan and Mather airports in Sacramento County; (ii) all The Office of Management and Budget noise that might occur at Mather Airport has determined that this regulatory if air cargo carrier workload was territory on the San Joaquin River in Contra Costa and San Joaquin Counties, action is not significant within the relocated there from Sacramento meaning of Executive Order 12866. This International Airport. to and including Stockton (which includes Stockton Metropolitan action also will not have a significant Mather Airport, located in Airport); (iii) from Sacramento, economic impact on a substantial Sacramento County just 12 miles from southwest along U.S. Interstate 80, east number of small entities. Accordingly, it downtown Sacramento, is, in fact, along Airbase Parkway, to and including is certified that this document is not located within the boundaries of the the territory comprising Travis Air subject to the additional requirements of proposed CBP Port of Sacramento, Force Base; (iv) all points on the the provisions of the Regulatory California. Mather Airport has Sacramento River in Solano, Yolo and Flexibility Act (5 U.S.C. 601 et seq.). previously been located within the port Sacramento Counties, from the junction Signing Authority of entry at San Francisco, California of the Sacramento River with the San The signing authority for this (San Francisco-Oakland). The Joaquin River in Sacramento County, to reassignment of Mather airport from the document falls under 19 CFR 0.2(a) and including Sacramento, California; because the establishment of a new port port of San Francisco to the port of and (v) all points on the Sacramento Sacramento will not result in any of entry, the modification of the port River Deep Water Ship Channel in limits of an existing port of entry, and change in the functioning or processing Solano, Yolo and Sacramento Counties, of aircraft at that facility. CBP has no the termination of the user-fee status of (a) from and including, the junction of an airport are not within the bounds of plans to relocate air cargo carrier Cache Slough with the Sacramento those regulations for which the workload from Sacramento International River, to and including Sacramento; and Secretary of the Treasury has retained Airport to Mather Airport. Therefore, (b) from Sacramento northwest along sole authority. Accordingly, this final CBP anticipates no additional aircraft Interstate 5 to Airport Boulevard, north rule may be signed by the Secretary of noise at Mather Airport as a result of along Airport Boulevard, to and Homeland Security (or his or her this rule. including the territory comprising the delegate). To address the issue of noise that Sacramento International Airport in might occur at Mather Airport, one of Sacramento County. All of the territory List of Subjects in 19 CFR Part 101 these commenters also requested a included in the port of Sacramento is Customs duties and inspection, comprehensive regional plan and full located within the State of California. Customs ports of entry, Exports, environmental disclosure pursuant to Revised Port Description of San Imports, Organization and functions the California Environmental Quality Francisco-Oakland (Government agencies). Act (CEQA) and the National Amendments to Regulations Environmental Policy Act (NEPA). The geographical limits of the port of Since Mather Airport is merely being San Francisco-Oakland are realigned to I For the reasons set forth above, part reassigned to the port of Sacramento include all the territory within the 101 of the regulations (19 CFR part 101), from the port of San Francisco and CBP corporate limits of San Francisco and is amended as set forth below. has no reason to expect an increase in Oakland and all points on the San air cargo carrier workload at Mather Francisco Bay, San Pablo Bay, PART 101—GENERAL PROVISIONS Airport as a result of this change, CBP Carquinez Strait and Suisan Bay. I 1. The general authority citation for does not anticipate any environmental Sacramento International Airport part 101 and the specific authority impact from this rule relating to Mather citation for section 101.3 continue to Airport. Sacramento International Airport is read as follows: now within the boundaries of the Conclusion Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, Sacramento port of entry and will no 1202 (General Note 3(i), Harmonized Tariff After consideration of the comments longer be a user fee airport. It will now Schedule of the United States), 1623, 1624, received, CBP continues to believe that be subject to the passenger processing 1646a. the establishment of a new port of entry fee provided for at 19 U.S.C. Sections 101.3 and 101.4 also issued under at Sacramento, California, and 58c(a)(5)(B). The list of user fee airports 19 U.S.C. 1 and 58b; realignment of the port boundaries of at 19 CFR 122.15(b) need not be * * * * * the port of entry at San Francisco, amended because ‘‘Sacramento I 2.The list of ports in section California (San Francisco-Oakland) will International Airport’’ is not currently 101.3(b)(1) is amended by adding, in assist CBP in its continuing efforts to included in that list. alphabetical order under the State of provide better service to carriers, Authority California ‘‘Sacramento’’ in the ‘‘Ports of importers and the general public. entry’’ column and ‘‘CBP Dec. 06–23’’ in Therefore, CBP is establishing the new This change is made under the the ‘‘Limits of Port’’ column. Also under port of entry of Sacramento to include authority of 5 U.S.C. 301 and 19 U.S.C. the State of California, the ‘‘Limits of the territory as proposed in the notice 2, 66, and 1624, and section 6 U.S.C. Port’’ column for ‘‘San Francisco- and the port of entry description of San 203 of the Homeland Security Act of Oakland’’ will be amended by deleting Francisco-Oakland will be revised as 2002, Pub. L. 107–296 (November 25, ‘‘Including Benicia, Martinez, Richard, proposed in the notice. 2002). Sacramento, San Jose, and Stockton,

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T.D. 82–9’’ and adding ‘‘CBP Dec. 06– receipt of notice from the Veterans issuing any rule that may result in the 23.’’ Service Center Manager. expenditure by State, local, and tribal Dated: August 25, 2006. This document also corrects a governments, in the aggregate, or by the typographical error by replacing the Michael Chertoff, private sector, of $100 million or more words ‘‘less the’’ with ‘‘less than’’ in 38 (adjusted annually for inflation) in any Secretary. CFR 3.30(b), Improved Pension— year. This final rule would have no such [FR Doc. 06–7393 Filed 9–1–06; 8:45 am] Quarterly. VA is amending this effect on State, local, and tribal BILLING CODE 9111–14–P regulation for clarity and accuracy. governments, or on the private sector. Administrative Procedure Act Catalog of Federal Domestic Assistance DEPARTMENT OF VETERANS This final rule consists of Numbers and Titles AFFAIRS nonsubstantive changes. Accordingly, The Catalog of Federal Domestic there is a basis for dispensing with prior Assistance program numbers and titles 38 CFR Part 3 notice and comment and the delayed for this proposal are 64.104, Pension for RIN 2900–AM48 effective date provisions of 5 U.S.C. 553. Non-Service-Connected Disability for Veterans; 64.105, Pension to Veterans Paperwork Reduction Act Forfeiture; Correction Surviving Spouses, and Children; This document contains no provisions 64.109, Veterans Compensation For AGENCY: Department of Veterans Affairs. constituting a collection of information Service-Connected Disability; and ACTION: Final rule. under the Paperwork Reduction Act (44 64.110, Veterans Dependency And U.S.C. 3501–3521). Indemnity Compensation For Service- SUMMARY: The Department of Veterans Connected Death. Affairs (VA) is amending its regulations Regulatory Flexibility Act concerning forfeiture of benefit Because no notice of proposed List of Subjects in 38 CFR Part 3 payments and improved pension rulemaking is required in connection Administrative practice and payments. A review of VA’s with the adoption of this final rule, no procedure, Claims, Disability benefits, adjudication regulations revealed a need regulatory flexibility analysis is required Health care, Pensions, Radioactive for clarification and minor under the Regulatory Flexibility Act (5 materials, Veterans, Vietnam. typographical errors. This document U.S.C. 601–612). Even so, the Secretary Approved: August 25, 2006. makes changes to provide clarification hereby certifies that this final rule will Gordon H. Mansfield, and eliminate the errors. The effect of not have a significant economic impact these actions is to clarify the respective on a substantial number of small entities Deputy Secretary of Veterans Affairs. regulations. as they are defined in the Regulatory I For the reasons set forth in the DATES: Effective Date: September 5, Flexibility Act. preamble, 38 CFR part 3 is amended as 2006. Executive Order 12866—Regulatory follows: FOR FURTHER INFORMATION CONTACT: Planning and Review PART 3—ADJUDICATION Trude Steele, Consultant, Compensation Executive Order 12866 directs and Pension Service, Policy and agencies to assess all costs and benefits Subpart A—Pension, Compensation, Regulations Staff, Veterans Benefits of available regulatory alternatives and, and Dependency and Indemnity Administration, Department of Veterans when regulation is necessary, to select Compensation Affairs, 810 Vermont Avenue, NW., regulatory approaches that maximize I 1. The authority citation for part 3, Washington, DC 20420, (202) 273–7210. net benefits (including potential subpart A, continues to read as follows: SUPPLEMENTARY INFORMATION: At the economic, environmental, public health Regional Office level, except in the VA and safety, and other advantages; Authority: 38 U.S.C. 501(a), unless Regional Office, Manila, Philippines, distributive impacts; and equity). The otherwise noted. VA regulation 38 CFR 3.905(a) Order classifies a rule as a significant § 3.30 [Amended] authorizes the Regional Counsel to regulatory action requiring review by I determine whether the evidence the Office of Management and Budget if 2. Section 3.30(b) is amended by warrants formal consideration as to it meets any one of a number of removing ‘‘less the’’ and adding, in its forfeiture. In the Manila Regional Office, specified conditions, including: Having place, ‘‘less than’’. the Veterans Service Center Manager is an annual effect on the economy of $100 I 3. Section 3.669(a) is revised to read authorized to make this determination. million or more, creating a serious as follows: Currently, 38 CFR 3.669(a), which was inconsistency or interfering with an § 3.669 Forfeiture. published with a typographical error, action of another agency, materially (a) General. Upon receipt of notice states that benefit payments will be altering the budgetary impact of from a Regional Counsel (or in cases suspended effective the date of last entitlements or the rights of entitlement under the jurisdiction of the Manila payment upon ‘‘receipt of notice from a recipients, or raising novel legal or Regional Office, the Veterans Service Regional Counsel the Veterans Service policy issues. VA has examined the Center Manager) that a case is being Center Manager [sic] in the Manila economic, legal, and policy implications formally submitted for consideration of Regional Office * * *.’’ To clarify of this final rule and has concluded that forfeiture of a payee’s rights under § 3.669(a) and to ensure consistency it is not a significant regulatory action § 3.905 of this part or that the payee has with § 3.905(a), this document amends under Executive Order 12866. § 3.669(a) to specify that, although been indicted for subversive activities, benefit payments are generally Unfunded Mandates payments will be suspended effective suspended upon receipt of notice from The Unfunded Mandates Reform Act date of last payment. a Regional Counsel, in cases under the of 1995 requires, at 2 U.S.C. 1532, that * * * * * jurisdiction of the Manila Regional agencies prepare an assessment of [FR Doc. E6–14660 Filed 9–1–06; 8:45 am] Office, payments are suspended upon anticipated costs and benefits before BILLING CODE 8320–01–P

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DEPARTMENT OF TRANSPORTATION percent or more of total premiums each spring. The agency uses the data to written within any one state; and determine the insurers’ market shares National Highway Traffic Safety (3) Rental and leasing companies with nationally and in each state. Administration a fleet of 20 or more vehicles not covered by theft insurance policies B. Self-Insured Rental and Leasing 49 CFR Part 544 issued by insurers of motor vehicles, Companies other than any governmental entity. In addition, upon making certain [Docket No.: NHTSA–2006–24175] Pursuant to its statutory exemption determinations, NHTSA grants RIN 2127–AJ88 authority, the agency exempted certain exemptions to self-insurers, i.e., any passenger motor vehicle insurers from person who has a fleet of 20 or more Insurer Reporting Requirements; List the reporting requirements. motor vehicles (other than any of Insurers Required To File Reports governmental entity) used for rental or A. Small Insurers of Passenger Motor lease whose vehicles are not covered by AGENCY: National Highway Traffic Vehicles theft insurance policies issued by Safety Administration (NHTSA), Section 33112(f)(2) provides that the Department of Transportation (DOT). insurers of passenger motor vehicles, 49 agency shall exempt small insurers of U.S.C. 33112(b)(1) and (f). Under 49 ACTION: Final rule. passenger motor vehicles if NHTSA U.S.C. 33112(e)(1) and (2), NHTSA may SUMMARY: This final rule amends finds that such exemptions will not exempt a self-insurer from reporting, if regulations on insurer reporting significantly affect the validity or the agency determines: requirements. The appendices list those usefulness of the information in the (1) The cost of preparing and passenger motor vehicle insurers that reports, either nationally or on a state- furnishing such reports is excessive in are required to file reports on their by-state basis. The term ‘‘small insurer’’ relation to the size of the business of the motor vehicle theft loss experiences. An is defined, in Section 33112(f)(1)(A) and insurer; and 33112(e)(1) and (2), (2) The insurer’s report will not insurer included in any of these (B), as an insurer whose premiums for significantly contribute to carrying out appendices must file three copies of its motor vehicle insurance issued directly the purposes of Chapter 331. report for the 2003 calendar year before or through an affiliate, including pooling arrangements established under In a final rule published June 22, 1990 October 25, 2006. If the passenger motor (55 FR 25606), the agency granted a vehicle insurers remain listed, they state law or regulation for the issuance of motor vehicle insurance, account for class exemption to all companies that must submit reports by each subsequent rent or lease fewer than 50,000 vehicles, October 25. less than 1 percent of the total premiums for all forms of motor vehicle because it believed that the largest DATES: This final rule becomes effective insurance issued by insurers within the companies’ reports sufficiently on November 6, 2006. Insurers listed in United States. However, that section represent the theft experience of rental the appendices are required to submit also stipulates that if an insurance and leasing companies. NHTSA reports before October 25, 2006. company satisfies this definition of a concluded that smaller rental and FOR FURTHER INFORMATION CONTACT: ‘‘small insurer,’’ but accounts for 10 leasing companies’ reports do not Rosalind Proctor, Office of International percent or more of the total premiums significantly contribute to carrying out Vehicle, Fuel Economy and Consumer for all motor vehicle insurance issued in NHTSA’s statutory obligations and that Standards, NHTSA, 400 Seventh Street, a particular state, the insurer must exempting such companies will relieve SW., Washington, DC 20590, by report about its operations in that state. an unnecessary burden on them. As a electronic mail to In the final rule establishing the result of the June 1990 final rule, the [email protected]. Ms. Proctor’s insurer reports requirement (52 FR 59; agency added Appendix C, consisting of telephone number is (202) 366–0846. January 2, 1987), 49 CFR part 544, an annually updated list of the self- Her fax number is (202) 493–2290. NHTSA exercised its exemption insurers subject to part 544. Following SUPPLEMENTARY INFORMATION: authority by listing in Appendix A each the same approach as in Appendix A, NHTSA included, in Appendix C, each I. Background insurer that must report because it had at least 1 percent of the motor vehicle of the self-insurers subject to reporting Pursuant to 49 U.S.C. 33112, Insurer insurance premiums nationally. Listing instead of the self-insurers which are reports and information, NHTSA the insurers subject to reporting, instead exempted. NHTSA updates Appendix C requires certain passenger motor vehicle of each insurer exempted from reporting based primarily on information from insurers to file an annual report with the because it had less than 1 percent of the Automotive Fleet Magazine and Auto agency. Each insurer’s report includes premiums nationally, is Rental News.2 information about thefts and recoveries administratively simpler since the of motor vehicles, the rating rules used C. When a Listed Insurer Must File a former group is much smaller than the Report by the insurer to establish premiums for latter. In Appendix B, NHTSA lists comprehensive coverage, the actions those insurers required to report for Under part 544, as long as an insurer taken by the insurer to reduce such particular states because each insurer is listed, it must file reports on or before premiums, and the actions taken by the had a 10 percent or greater market share October 25 of each year. Thus, any insurer to reduce or deter theft. of motor vehicle premiums in those insurer listed in the appendices must Pursuant to 49 U.S.C. Section 33112(f), states. In the January 1987 final rule, the file a report before October 25, and by the following insurers are subject to the agency stated that it would update each succeeding October 25, absent an reporting requirements: Appendices A and B annually. NHTSA amendment removing the insurer’s (1) Issuers of motor vehicle insurance updates the appendices based on data name from the appendices. policies whose total premiums account voluntarily provided by insurance for 1 percent or more of the total U.S.C. 33112(i) authorizes NHTSA to consult with companies to A.M. Best, which A.M. public and private organizations as necessary. premiums of motor vehicle insurance 1 Best publishes in its State/Line Report 2 Automotive Fleet Magazine and Auto Rental issued within the United States; News are publications that provide information on (2) Issuers of motor vehicle insurance 1 A.M. Best Company is a well-recognized source the size of fleets and market share of rental and policies whose premiums account for 10 of insurance company ratings and information. 49 leasing companies.

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II. Notice of Proposed Rulemaking Vanguard Car Rental USA.5 Each of the insurer to include ‘‘a person (except a 13 companies (including franchisees governmental authority) having a fleet 1. Insurers of Passenger Motor Vehicles and licensees) listed in Appendix C are of at least 20 motor vehicles that are On April 3, 2006, NHTSA published required to file reports for calendar year used primarily for rental or lease and a notice of proposed rulemaking 2003 no later than October 25, 2006, and that are not covered by a theft insurance (NPRM) to update the list of insurers in set forth the information required by policy issued by an insurer of passenger Appendices A, B, and, C required to file part 544. As long as those 13 companies motor vehicles’’.6 reports (71 FR 16541). Appendix A lists remain listed, they would be required to Since all of these companies either insurers that must report because each submit reports before each subsequent require its lessees to provide the had 1 percent of the motor vehicle October 25 for the calendar year ending insurance for its vehicles, or do not self- insurance premiums on a national basis. slightly less than 3 years before. insure 50,000 or more vehicles in its The list was last amended in a final rule leasing fleet, none of them meet the published on July 25, 2005 (70 FR Public Comments on Final criteria the agency uses to determine 42505). Based on the 2003 calendar year Determination that an insurer should be included in market share data from A.M. Best, Insurers of Passenger Motor Vehicles Appendix C. Therefore, the agency NHTSA proposed to remove California determines that each of these six In response to the NPRM, the agency State Auto Association from Appendix companies should be removed from received one formal comment. In a letter A. Appendix C in the final rule. Each of the 18 insurers listed in dated April 27, 2006, Automotive The agency received no comments in Appendix A are required to file a report Resources International/Automotive response to the NPRM for Appendices A before October 25, 2006, setting forth Rentals, Inc. (ARI), requested the agency and B. Accordingly, this final rule the information required by Part 544 for to remove its name from the list of adopts the proposed changes to each State in which it did business in insurers required to meet the insurer Appendix A and B. the 2003 calendar year. As long as these reporting requirements. ARI informed After reviewing the public comments 18 insurers remain listed, they are the agency that it is not an insurer and and making the appropriate adjustment required to submit a report by each does not allow self-insurance. ARI to Appendix C, NHTSA has determined subsequent October 25 for the calendar explained that it is a national long-term that each of the 18 insurers listed in year ending slightly less than 3 years corporate fleet lessor/fleet management Appendix A, each of the nine insurers before. company, not affiliated in any way with listed in Appendix B and each of 7 Appendix B lists insurers required to an insurance company or carrier, and companies listed in Appendix C are report for particular States for calendar that its lessees are responsible for all required to submit an insurer report on year 2003, because each insurer had a insurance coverages on their leased its experience for calendar year 2003 as 10 percent or greater market share of vehicles. ARI further explained that required by 49 CFR part 544. motor vehicle premiums in those States. while it is named as an additional Based on the 2003 calendar year data for insured/interest on its lessee’s insurance Submission of Theft Loss Report market shares from A.M. Best, we policies, it does not keep records of Passenger motor vehicle insurers proposed to remove Nodak Mutual these policies or become involved in listed in the appendices can forward Group (North Dakota) and add Safety theft claims because they are handled their theft loss reports to the agency in Group (Massachusetts) to Appendix B. through the lessee’s insurance company. several ways: The nine insurers listed in Appendix Subsequent to the comment closing a. Mail: Rosalind Proctor, Office of B are required to report on their period, the agency was informed by five International Policy, Fuel Economy and calendar year 2003 activities in every additional companies, the Donlen Consumer Standards, NHTSA, NVS– State where they had a 10 percent or Corporation, GE Capital Fleet Services/ 131, 400 Seventh Street, SW., greater market share. These reports must GE Fleet Services, Lease Plan USA, Inc., Washington, DC 20590; be filed by October 25, 2006, and set PHH Vehicle Management Services/ b. E-Mail: [email protected]; forth the information required by part PHH Arval, and Wheels, Inc. that when or 544. As long as these nine insurers they offer vehicles for lease, they also c. Fax: (202) 493–2290. remain listed, they would be required to include as a condition of the lease Theft loss reports may also be submit reports on or before each agreement that the lessor provide its submitted to the docket electronically subsequent October 25 for the calendar own motor vehicle insurance. by: year ending slightly less than 3 years Specifically, four of the five companies d. Logging onto the Dockets before. (Donlen Corporation, GE Capital Fleet Management System Web site at http:// dms.dot.gov. Click on ‘‘ES Submit’’ or 2. Rental and Leasing Companies Services/GE Fleet Services, Lease Plan USA, Inc., and Wheels, Inc.,) reported ‘‘Help’’ to obtain instructions for filing Appendix C lists rental and leasing that they do not self-insure any of their the document electronically. companies required to file reports. vehicles. At NHTSA’s request these Regulatory Impacts Based on information in Automotive companies submitted copies of their Fleet Magazine and Auto Rental News lease agreements showing that 1. Costs and Other Impacts for 2003, NHTSA proposed to remove insurance was required as a condition of This notice has not been reviewed Avis Rent-A-Car, Budget Rent-A-Car the lease. One company, PHH Vehicle under Executive Order 12866, Corporation, Dollar Rent-A-Car Systems, Management Services/PHH Arval, Regulatory Planning and Review. Inc. and ANC Rental Corporation and reported that it does allow self- NHTSA has considered the impact of add the Cendant Car Rental Group,3 insurance but self-insures fewer than this final rule and determined that the Dollar Thrifty Automotive Group 4 and 50,000 vehicles in its fleet. action is not ‘‘significant’’ within the Section 33112(b)(1) of Title 49 of the meaning of the Department of 3 Cendant Car Rental acquired ownership of Avis and Budget Rent-a-Car in 2002. United States Code (U.S.C.) defines an Transportation’s regulatory policies and 4 Dollar Thrifty Automotive Group acquired ownership of Dollar Rent-a-Car Systems, Inc. and 5 Vanguard Car Rental USA acquired ownership 6 As previously noted, NHTSA has by regulation Thrifty, Inc., in 2001. of ANC Rental Corporation in 2003. increased the exemption to 50,000 vehicles.

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procedures. This final rule implements a substantial number of small entities. 8. Plain Language the agency’s policy of ensuring that all The rationale for the certification is that Executive Order 12866 requires each insurance companies that are statutorily none of the companies listed on agency to write all rules in plain eligible for exemption from the insurer Appendices A, B, or C are construed to language. Application of the principles reporting requirements are in fact be a small entity within the definition of plain language includes consideration exempted from those requirements. of the RFA. ‘‘Small insurer’’ is defined, of the following questions: Only those companies that are not in part under 49 U.S.C. 33112, as any • Have we organized the material to statutorily eligible for an exemption are insurer whose premiums for all forms of suit the public’s needs? required to file reports. motor vehicle insurance account for less • Are the requirements in the NHTSA does not believe that this than 1 percent of the total premiums for proposal clearly stated? rule, reflecting current data, affects the all forms of motor vehicle insurance • Does the proposal contain technical impacts described in the final regulatory issued by insurers within the United language or jargon that is not clear? evaluation prepared for the final rule States, or any insurer whose premiums • Would a different format (grouping establishing part 544 (52 FR 59; January within any State, account for less than and order of sections, use of headings, 2, 1987). Accordingly, a separate 10 percent of the total premiums for all paragraphing) make the rule easier to regulatory evaluation has not been forms of motor vehicle insurance issued understand? prepared for this rulemaking action. by insurers within the State. This notice • Would more (but shorter) sections Using the Bureau of Labor Statistics exempts all insurers meeting those be better? Consumer Price Index for 2005 (see criteria. Any insurer too large to meet • Could we improve clarity by adding http://www.bls.gov/cpi), the cost those criteria is not a small entity. In tables, lists, or diagrams? estimates in the 1987 final regulatory addition, in this rulemaking, the agency • What else could we do to make the evaluation were adjusted for inflation. exempts all ‘‘self insured rental and proposal easier to understand? The agency estimates that the cost of leasing companies’’ that have fleets of If you have any responses to these compliance is $97,650 for any insurer fewer than 50,000 vehicles. Any self- questions, you can forward them to me added to Appendix A, $39,060 for any insured rental and leasing company too several ways: insurer added to Appendix B, and large to meet that criterion is not a small a. Mail: Rosalind Proctor, Office of $11,269 for any insurer added to entity. International Policy, Fuel Economy and Appendix C. In this final rule, the Consumer Standards, NHTSA, 400 4. Federalism agency made no additional changes to Seventh Street, SW., Washington, DC Appendices A and B, and includes six This action has been analyzed 20590; fewer companies in Appendix C, as according to the principles and criteria b. E-mail: [email protected]; compared to the last list of insurers contained in Executive Order 12612, or published in the April 3, 2006 NPRM. and it has been determined that the final c. Fax: (202) 493–2290. The agency estimates that the net effect rule does not have sufficient federalism of this final rule would be a cost savings implications to warrant the preparation List of Subjects in 49 CFR Part 544 of approximately $67,614 to insurers as of a Federalism Assessment. Crime insurance, Insurance, Insurance a group. companies, Motor vehicles, Reporting 5. Environmental Impacts Interested persons may wish to and recordkeeping requirements. examine the 1987 final regulatory In accordance with the National I In consideration of the foregoing, 49 evaluation. Copies of that evaluation Environmental Policy Act, NHTSA has CFR part 544 is amended as follows: were placed in Docket No. T86–01; considered the environmental impacts Notice 2. Any interested person may of this final rule and determined that it PART 544—[AMENDED] obtain a copy of this evaluation by would not have a significant impact on writing to NHTSA, Docket Section, the quality of the human environment. I 1. The authority citation for part 544 Room 5109, 400 Seventh Street, SW., continues to read as follows: 6. Civil Justice Reform Washington, DC 20590, or by calling Authority: 49 U.S.C. 33112; delegation of (202) 366–4949. This final rule does not have any authority at 49 CFR 1.50. retroactive effect, and it does not 2. Paperwork Reduction Act preempt any State law, 49 U.S.C. 33117 I 2. In § 544.5, paragraph (a), the second The information collection provides that judicial review of this rule sentence is revised to read as follows: requirements in this final rule were may be obtained pursuant to 49 U.S.C. § 544.5 General requirements for reports. submitted and approved by the Office of 32909, and section 32909 does not Management and Budget (OMB) require submission of a petition for (a) * * * This report shall contain pursuant to the requirements of the reconsideration or other administrative the information required by § 544.6 of Paperwork Reduction Act (44 U.S.C. proceedings before parties may file suit this part for the calendar year 3 years 3501 et seq.). This collection of in court. previous to the year in which the report information is assigned OMB Control is filed (e.g., the report due by October 7. Regulation Identifier Number (RIN) Number 2127–0547 (‘‘Insurer Reporting 25, 2006 will contain the required Requirements’’) and approved for use The Department of Transportation information for the 2003 calendar year). through August 31, 2009, and the assigns a regulation identifier number * * * * * agency will seek to extend the approval (RIN) to each regulatory action listed in I 3. Appendix A to part 544 is revised afterwards. the Unified Agenda of Federal to read as follows: Regulations. The Regulatory Information 3. Regulatory Flexibility Act Service Center publishes the Unified Appendix A—Insurers of Motor Vehicle The agency also considered the effects Agenda in April and October of each Insurance Policies Subject to the of this rulemaking under the Regulatory year. You may use the RIN contained in Reporting Requirements in Each State Flexibility Act (RFA) (5 U.S.C. 601 et the heading, at the beginning, of this in Which They Do Business seq.). I certify that this final rule will not document to find this action in the Allstate Insurance Group have a significant economic impact on Unified Agenda. American Family Insurance Group

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American International Group Appendix B—Issuers of Motor Vehicle Appendix C—Motor Vehicle Rental and Auto-Owners Insurance Group Insurance Policies Subject to the Leasing Companies (Including CNA Insurance Companies Reporting Requirements Only in Licensees and Franchisees) Subject to Erie Insurance Group Designated States the Reporting Requirements of Part 544 Berkshire Hathaway/GEICO Corporation Alfa Insurance Group (Alabama) Group Cendant Car Rental Arbella Mutual Insurance (Massachusetts) Dollar Thrifty Automotive Group Hartford Insurance Group Auto Club (Michigan) Enterprise Rent-A-Car Liberty Mutual Insurance Companies Commerce Group, Inc. (Massachusetts) Metropolitan Life Auto & Home Group Kentucky Farm Bureau Group (Kentucky) Enterprise Fleet Services Mercury General Group New Jersey Manufacturers Group (New Hertz Rent-A-Car Division (subsidiary of The Nationwide Group Jersey) Hertz Corporation) Progressive Group Safety Group (Massachusetts) 1 U-Haul International, Inc. (Subsidiary of Safeco Insurance Companies Southern Farm Bureau Group (Arkansas, AMERCO) State Farm Group Mississippi) Vanguard Car Rental USA Tennessee Farmers Companies (Tennessee) Travelers PC Group Issued on: August 29, 2006. I USAA Group 5. Appendix C to part 544 is revised Stephen R. Kratzke, Farmers Insurance Group to read as follows: Associate Administrator for Rulemaking. I 4. Appendix B to part 544 is revised 1 Indicates a newly listed company, which must [FR Doc. E6–14633 Filed 9–1–06; 8:45 am] to read as follows: file a report beginning with the report due October BILLING CODE 4910–59–P 25, 2006.

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Proposed Rules Federal Register Vol. 71, No. 171

Tuesday, September 5, 2006

This section of the FEDERAL REGISTER general election or 30 days before a ‘‘electioneering communication.’’ Notice contains notices to the public of the proposed primary election, and are targeted to the of Availability on Rulemaking Petition: issuance of rules and regulations. The relevant electorate. See 2 U.S.C. Exception for Certain ‘‘Grassroots purpose of these notices is to give interested 434(f)(3)(A)(i); 11 CFR 100.29(a). BCRA Lobbying’’ Communications From the persons an opportunity to participate in the exempts certain communications from Definition of ‘‘Electioneering rule making prior to the adoption of the final rules. the definition of ‘‘electioneering Communication,’’ 71 FR 13557 (Mar. 16, communication,’’ 2 U.S.C. 434(f)(3)(B)(i) 2006). The Commission received nine through (iii), and specifically authorizes timely comments and two late FEDERAL ELECTION COMMISSION the Commission to promulgate comments in response to the NOA. In regulations exempting other addition to these comments, the 11 CFR Part 100 communications as long as the Commission received 180 form letter comments. Most of the commenters [Notice 2006–15] exempted communications do not promote, support, attack or oppose supported the Petition primarily on the Exception for Certain ‘‘Grassroots (‘‘PASO’’) a Federal candidate, 2 U.S.C. grounds that the current electioneering Lobbying’’ Communications From the 434(f)(3)(B)(iv), citing 2 U.S.C. communication rules limit the ability of Definition of ‘‘Electioneering 431(20)(A)(iii). Section 100.29(c) of the organizations to run ads whose purpose Communication’’ Commission’s regulations contains the is not to influence Federal elections, but regulatory exemptions to the definition to support or defeat legislation at the AGENCY: Federal Election Commission. of ‘‘electioneering communication.’’ most critical time (i.e., when the ACTION: Notice of disposition of Petition On February 16, 2006, the legislation is before Congress, regardless for Rulemaking. Commission received a Petition for of the election cycle). These Rulemaking (‘‘Petition’’) from the AFL– commenters argued that such SUMMARY: The Commission announces CIO, the Alliance for Justice, the ‘‘grassroots lobbying’’ ads are entitled to its disposition of a Petition for Chamber of Commerce of the United First Amendment protection and should Rulemaking (‘‘Petition’’) filed on States, the National Education therefore be exempt from the February 16, 2006, by the AFL–CIO, the Association, and OMB Watch electioneering communication rules. Alliance for Justice, the Chamber of (collectively, ‘‘Petitioners’’). The However, one group of commenters Commerce of the United States, the Petitioners asked the Commission to opposed the Petition, arguing that the National Education Association, and revise 11 CFR 100.29(c) to exempt from Commission had already considered OMB Watch. The Petition asks the the definition of ‘‘electioneering this question in the 2002 rulemaking Commission to revise its regulations by communication’’ certain ‘‘grassroots that adopted the current electioneering exempting from the definition of lobbying’’ communications that reflect communication rules and had ‘‘electioneering communication’’ certain all of the following six principles: (1) concluded correctly that it lacked communications consisting of ‘‘The ‘clearly identified federal statutory authority to promulgate a 1 ‘‘grassroots lobbying.’’ The Commission candidate’ is an incumbent public ‘‘grassroots lobbying’’ exemption. has decided not to initiate a rulemaking officeholder;’’ (2) ‘‘The communication These commenters further asserted that in response to the Petition at this time. exclusively discusses a particular ‘‘there are no changed circumstances The Petition is available for inspection current legislative or executive branch that warrant reconsideration of that in the Commission’s Public Records matter;’’ (3) ‘‘The communication either decision.’’ Copies of the comments are Office and on its Web site, http:// (a) calls upon the candidate to take a available on the Commission’s Web site www.fec.gov/. Further information is at http://www.fec.gov/law/ particular position or action with _ provided in the SUPPLEMENTARY respect to the matter in his or her law rulemakings.shtml#lobbying. On August 29, 2006, the Commission INFORMATION that follows. incumbent capacity, or (b) calls upon voted to decline to initiate a rulemaking FOR FURTHER INFORMATION CONTACT: Ms. the general public to contact the at this time on the proposed exception Amy L. Rothstein, Acting Assistant candidate and urge the candidate to do for certain ‘‘grassroots lobbying’’ General Counsel, or Mr. Ron B. Katwan, so;’’ (4) ‘‘If the communication discusses communications from the definition of Attorney, 999 E Street, NW., the candidate’s position or record on the ‘‘electioneering communication,’’ given Washington, DC 20463, (202) 694–1650 matter, it does so only by quoting the the Commission’s other administrative or (800) 424–9530. candidate’s own public statements or priorities. The Commission recognized, SUPPLMENTARY INFORMATION: reciting the candidate’s official action, The however, that it has the statutory such as a vote, on the matter;’’ (5) ‘‘The Bipartisan Campaign Reform Act of authority to create exemptions to the communication does not refer to an 2002 (‘‘BCRA’’), Public Law 107–55, 116 electioneering communication rules election, the candidate’s candidacy, or a Stat. 81 (2002), added provisions (provided the exemptions do not permit political party;’’ and (6) ‘‘The regarding ‘‘electioneering PASO communications) and that it may communications’’ to the Federal communication does not refer to the Election Campaign Act of 1971, as candidate’s character, qualifications or 1 The Commission considered several proposals amended. See 2 U.S.C. 434(f)(3). fitness for office.’’ for ‘‘grassroots lobbying’’ exemptions in the 2002 Electioneering communications are On March 16, 2006, the Commission rulemaking but did not adopt any of them. See television and radio communications published a Notice of Availability Notice of Proposed Rulemaking on Electioneering Communications, 67 FR 51131, 51136, 51145 (Aug. that refer to a clearly identified (‘‘NOA’’) seeking comment on whether 7, 2002); Final Rules on Electioneering candidate for Federal office, are publicly to initiate a rulemaking on this Communications, 67 FR 65190, 65201 (Oct. 23, distributed within 60 days before a proposed exception to the definition of 2002).

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consider initiating a rulemaking on this examinations, reviews, and other for assistance with (i) on-site subject in the future. Lender oversight activities. The examinations; (ii) on-site reviews; and Initiating a rulemaking at this time proposed rule describes the (iii) off-site reviews/monitoring would not be an efficient or effective methodology for fee assessment. Under activities. SBA’s contractors for on-site use of the Commission’s resources. See the proposed rule, Lenders would pay exams and reviews bill SBA separately 11 CFR 200.5(e). The Commission is the actual costs to SBA of the on-site for each examination/review as it is currently defending the examinations and reviews, and would conducted. The contractor supporting constitutionality of BCRA’s be allocated off-site review/monitoring off-site reviews/monitoring generally electioneering communication costs based on each Lender’s bills SBA on a quarterly basis to cover provisions against two as-applied proportionate share of loan dollars that its contract price. challenges to the statute involving SBA has guaranteed in the SBA A discussion of the proposal and a communications that the plaintiffs portfolio. The proposed rule also section-by-section analysis follows. claim are ‘‘grassroots lobbying’’ describes the billing and payment II. Proposal communications. See Wisconsin Right processes. to Life v. FEC, Civ. No. 04–1260 DATES: Comments must be received on A. Review and Examination (D.D.C.); Christian Civic League of or before October 5, 2006. SBA conducts the following Maine v. FEC, Civ. No. 06–614 (D.D.C.). ADDRESSES: You may submit comments, examinations and reviews of Lenders: (i) Even if the Commission were to grant identified by [RIN number 3245–AF49], Off-site reviews/monitoring; (ii) on-site the Petitioners’ request to begin a by any of the following methods: examinations; and (iii) on-site reviews. rulemaking to create a ‘‘grassroots • Federal eRulemaking Portal: http:// Under the proposed rule, the fee that lobbying’’ exemption, the plaintiffs in www.regulations.gov. Follow the SBA would charge a Lender would these cases may well continue to pursue instructions for submitting comments. generally depend on the reviews/ litigation or to initiate new litigation, • Agency Web Site: examinations that SBA conducts for that particularly if the Commission were to [email protected]. Follow the Lender. craft an exemption narrower than that instructions for submitting comments. contemplated by the plaintiffs. • E-mail: [email protected]. B. All Lenders Moreover, any eventual court decisions • Fax: (202) 205–6831. All Lenders receive a quarterly off-site in these lawsuits may provide the • Mail: Bryan Hooper, Associate review. The off-site review is conducted Commission with guidance on whether Administrator for Lender Oversight, using SBA’s Loan and Lender and how the Commission should Small Business Administration, 409 3rd Monitoring System (L/LMS). This L/ exercise its discretion in this area. Street, SW., 8th floor, Washington, DC LMS review is the primary method of Judicial guidance may well necessitate a 20416. monitoring all of SBA’s approximately • reevaluation of any rules the Hand Delivery/Courier: 409 3rd 5,200 Lenders. For lower volume Commission were to propose now. Street, SW., 8th floor, Washington, DC Lenders, it also may be SBA’s sole Therefore, in light of the pending as- 20416. method of reviewing them. L/LMS is applied challenges to the FOR FURTHER INFORMATION CONTACT: John also used in conjunction with SBA’s on- constitutionality of the electioneering White, Deputy Associate Administrator site exams/reviews, for purposes of communication provisions, the for Lender Oversight, (202) 205–6345, planning and prioritization of exams/ Commission believes that initiating a [email protected]; or Paul Bishop, reviews. Under the proposed rule, rulemaking at this time would not be an Financial Analyst, Office of Lender SBA’s cost of off-site review/monitoring effective use of its resources or an Oversight, (202) 205–7516, (primarily the L/LMS contract cost) appropriate way to proceed. [email protected]. would be recovered through fees Dated: August 29, 2006. SUPPLEMENTARY INFORMATION: charged to all Lenders. The cost would Michael E. Toner, be allocated according to each Lender’s I. Background Chairman, Federal Election Commission. respective outstanding SBA guarantees [FR Doc. E6–14638 Filed 9–1–06; 8:45 am] Section 7(a) of the Small Business (guaranteed dollars) relative to the total guaranteed dollars SBA has outstanding BILLING CODE 6715–01–P Act, 15 U.S.C. 636(a), authorizes SBA to guarantee loans made by Lenders to in its 7(a) loan portfolio. Both Lenders’ eligible small businesses. Currently, outstanding SBA guarantees and the total guaranteed SBA dollars would be SMALL BUSINESS ADMINISTRATION there are over 5,000 Lenders authorized to make such SBA guaranteed loans. calculated using September 30 portfolio 13 CFR Part 120 SBA conducts off-site reviews/ figures. Guaranteed dollars outstanding monitoring and on-site exams/reviews includes guarantees of both loans held RIN 3245–AF49 of these Lenders to ensure they are by the Lender and loans sold into the processing loans in accordance with secondary market, securitized, or for Business Loan Program; Lender prescribed standards, and to minimize which a Lender has sold a participation Examination and Review Fees losses. Section 5(b)(14) of the Small interest. It also includes loans that have AGENCY: U.S. Small Business Business Act (15 U.S.C. 634(b)(14)), been purchased by SBA but have not yet Administration. authorizes SBA to require these Lenders been charged off. ACTION: Proposed rule. to pay fees to cover ‘‘the costs of [the] The annual cost of the L/LMS reviews examinations, reviews, and other under SBA’s current contract is about SUMMARY: This proposed rule Lender oversight activities.’’ Congress $82 per $1 million in outstanding implements a recent amendment to the granted SBA this new fee authority guarantees. SBA proposes to use this Small Business Act authorizing the under section 131 of Division K of ratio in calculating the Lender’s fee for Small Business Administration (SBA) to Public Law 108–447, enacted December off-site monitoring/reviews. Should assess fees to lenders participating in 8, 2004. SBA’s costs under the contract change, SBA’s 7(a) loan guarantee program Examination and review costs the ratio would change accordingly. (Lenders) to cover the costs of primarily consist of contractor charges SBA does not plan at this time to

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recover its own costs related to the the proposed rule, each SBA Supervised expenses and achieve economies of conduct of the off-site review, including Lender’s fees would, generally, include: scale, thus reducing Lenders’ review the salary and expenses of SBA (i) The annual L/LMS charge and (ii) the fees. employees involved in the review. on-site examination cost (if an exam was In addition to Lenders with $10 Under the current formula, performed that fiscal year). The million or more in SBA in 7(a) loan approximately 3,400 Lenders that have examination fee component would be guarantees, SBA may perform on-site less than $1 million in outstanding SBA based primarily on actual hourly reviews of Lenders with loan guarantees loan guarantees would incur an average charges of, and travel expenses incurred of as little as $4 million in situations annual fee of less than $25. The by, the contractor (currently a Federal where SBA’s off-site monitoring approximately 1,100 Lenders with financial institution regulator). indicate such a Lender is a very high between $1 million and $4 million in The safety and soundness risk to SBA. outstanding SBA loan guarantees would examination that these Lenders receive E. SBA’s Other Lender Oversight incur an annual off-site review fee is similar in scope to safety and Expenses ranging from $82 to $327. The soundness examinations conducted by approximately 300 Lenders with other Federal regulators. However, the Under the proposed rule, SBA has the between $4 million and $10 million in cost of an SBA examination is authority to recover its other expenses outstanding SBA loan guarantees would reasonable in relation to the assessments in carrying out Lender oversight pay an estimated annual off-site review for examinations by other Federal activities (for example, the salaries and fee ranging from $330 to $816. Finally, regulators. For example, the Comptroller travel expenses of SBA employees and the remaining 380 Lenders with of the Currency’s current annual equipment expenses that are related to outstanding SBA loan guarantees of assessment on a bank with $1 billion in carrying out Lender oversight activities). greater than $10 million would pay a assets is $219,580, and the Office of However, SBA does not plan at this time median of $1,848 per year for off-site Thrift Supervision assesses the same to charge Lenders for these costs. reviews/monitoring. Each Lender’s fee size institution $204,096; whereas the Should SBA decide to assess a fee for assessment will include a description of annual cost for an SBA-Supervised these expenses in the future, each how the fee was calculated. This off-site Lender on a 24 month exam cycle with Lender’s fee would be calculated by review cost could, over time, serve to $1 billion in outstanding loan balances multiplying the total annual cost of maintain on-site examination/review (with 71% of that portfolio guaranteed SBA’s oversight operational expenses by costs at a minimum by allowing SBA to by SBA) would average $139,220. This the Lender’s dollar share of the total focus its on-site reviews and amount is calculated as follows: The outstanding SBA guarantees. SBA will examinations on those Lenders whose biennial safety and soundness notify Lenders if it proposes to recover portfolios or operational performance examination for a Lender with $1 billion expenses resulting from its other Lender present SBA with the most risk. SBA in assets under the current contract oversight activities. may waive or provide an exemption for typically costs $162,000, for an average F. Assessment Methodology the fees due from very small volume annual cost of $81,000. In addition, the Lenders when the administrative costs L/LMS fee for the same sized SBLC SBA’s proposed assessment formula is of collecting the fee from a Lender are would be $58,220, for a total annual cost based primarily on allocating the actual greater than the amount of the fee itself to the Lender of $139,220. cost of a particular Lender’s (i.e. when it is not cost effective to examination and review to that Lender. D. Non-SBA Supervised Lenders collect such fees). SBA is in the process This is feasible because SBA’s on-site of determining at which dollar amount In addition to quarterly off-site examination and review costs, unlike it would not be cost effective for SBA reviews/monitoring, SBA plans to those of most of the other financial to bill and collect. SBA is also in the conduct, on a 12 to 24 month review institution regulators, primarily consist process of estimating the total amount of cycle, on-site reviews of the 7(a) of contractor assistance billed on a fees in case SBA determines to operations of Lenders with $10 million Lender-specific basis. implement the waiver/exemption. SBA or more in outstanding SBA loan For those costs that are not incurred is considering other methodologies for guarantees. On-site reviews will not be on a Lender-by-Lender basis (for determining the appropriate basis for conducted for the SBLCs and NFRLs example, off-site monitoring/reviews), waiver/exemption. Should SBA decide that receive on-site examinations. On- SBA proposes a risk-based formula to grant fee waivers/exemptions, such site reviews are performed with the based on a Lender’s outstanding action will not affect the fee charged to assistance of a financial services firm guaranteed dollars relative to that of other Lenders, and any shortfall will be under contract with SBA. Under the SBA’s outstanding guaranteed portfolio, made up with SBA’s available proposed rule, fees for the Lenders in as of September 30. The guaranteed appropriations. this category would generally include: dollar methodology ties a Lender’s (i) The annual L/LMS charge and (ii) the charge to that of SBA’s risk of dollar C. SBA Supervised Lenders on-site review fee (if a review was loss. SBA considered allocating these In addition to quarterly off-site performed that fiscal year). On-site costs based on the number of loans that reviews, SBA also performs on-site review costs of a Lender’s 7(a) a Lender has outstanding. The loan safety and soundness examinations of operations currently range from $20,000 number-based methodology, however, SBA’s Small Business Lending to $24,000. Factors that may affect fails to consider varying guarantee Companies (‘‘SBLCs’’) and large Non- where a Lender falls in the estimated percentages in SBA’s loan programs (for Federally Regulated Lenders (‘‘NFRLs’’) range include, but are not limited to, the example SBA Express at 50% versus (together ‘‘SBA Supervised Lenders’’). complexity of a Lender’s 7(a) regular 7(a) lending at 75% or more) and Each SBLC is usually examined on a 12 operations, rating trends, guaranteed diversity of loan sizes. It also fails to to 24 month cycle. NFRLs may also be dollars outstanding, and results of consider that SBA’s dollar loss is examined on a 12 to 24 month cycle, previous examinations. The timing of directly related to the size of the loans depending upon such factors as size, on-site reviews may also depend upon rather than the number of loans; the loss level of SBA lending activity, and SBA’s ability to coordinate reviews of from a large loan will greatly exceed the results of previous examinations. Under Lenders that will minimize travel loss from a small loan. It, therefore,

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would result in a less equitable would be based on SBA’s costs. The delegates more authority to its Lenders, distribution of the costs. Finally, the amount of each Lender’s fee for the on- the need for better and more loan-based methodology may be site examination or review would comprehensive Lender oversight is contrary to SBA’s goal to assist as many include the actual expenses incurred for essential. With the integration of of America’s small businesses as are that Lender’s on-site review or L/LMS, the SBA has an early warning eligible for agency assistance. examination. In the case of off-site system that allows SBA to monitor its SBA also considered the fee reviews/monitoring, SBA would Lenders on a regular basis. Off-site assessment methodologies of the various allocate the charge based on the reviews/monitoring and on-site federal financial institution regulators. Lender’s share of SBA guaranteed examinations or reviews allow SBA to The federal financial institution dollars outstanding. Finally, if SBA later determine which Lenders pose the most regulators’ methodologies are generally decides to include charges for other risk to the SBA from both an exposure complex. There are approximately three lender oversight activities, those costs and credit risk perspective. By common factors incorporated into the would be allocated similar to the identifying Lenders with unacceptable allocation formulas. The factors are: (i) formula for allocating off-site review/ levels of risk, the SBA can work with An institution’s assets; (ii) an monitoring costs. the Lenders to limit the risk. institution’s exam rating; and (iii) Section 120.1070(b)—Billing Process. This proposed rule implements a economies of scale. These factors were This provision describes the process for recent amendment to the Small considered and incorporated into SBA’s billing the Lenders for the fees. For the Business Act authorizing SBA to require proposed fee assessment methodology on-site examinations and reviews, SBA 7(a) Lenders to pay fees to cover the to determine the proposed on-site would bill the Lender following costs of examinations or reviews and review charge. completion of the review. SBA would other Lender oversight activities. SBA The off-site monitoring/review cost bill the Lender for the charges for the believes that the methodology for allocation formula is also based on off-site reviews and SBA’s other Lender charging fees to Lenders, which is based outstanding guaranteed dollars of the oversight expenses (the latter if on direct costs of individual Lender institution’s SBA loan assets. Exam assessed) on an annual basis. The bill examination or review expenses and the rating trends are indirectly incorporated will include the approved payment allocation of off-site review expenses by into the methodology to the extent that method(s). The payment due date will each Lender’s share of the guaranteed better ratings could translate to less be no less than 30 calendar days from dollars in the entire outstanding SBA frequent on-site examinations and the bill date. portfolio, is equitable and reasonable. reviews. Overall, SBA’s proposed cost Section 120.1070(c)—Delinquent B. Baseline Costs allocation methodology would result in Payment and Late-Payment Charges. fees that are reasonable relative to This provision provides that any SBA currently performs examinations federal financial institution regulator payment that is not received by the due and reviews for all 7(a) lenders. This assessments. It provides for equitable date specified in the bill would be proposal does not modify the current distribution of SBA costs. Finally, it is considered delinquent. It also provides examination and review scope. Rather, consistent with legislative guidance to that SBA may charge interest, penalties it implements the recent amendment to tie fees to the ‘‘size of the lender’s and other charges on delinquent the Small Business Act authorizing SBA portfolio being reviewed, and the time payments, as provided by applicable to assess lenders fees to cover the costs necessary to review the portfolios.’’ Sen. law, and that SBA may waive the of those examinations or reviews. Rept. 108–124 pg. 12 (Aug. 26, 2003). interest charge if circumstances warrant. Examination and review costs primarily consist of contractor charges for III. Section-by-Section Analysis IV. Comments assistance with (i) on-site examinations; Section 120.454—PLP Performance The form and content of the proposal (ii) on-site reviews; and (iii) off-site Review. To eliminate redundancy, SBA should not be viewed as exhaustive. reviews/monitoring activities. SBA’s proposes to strike the second sentence SBA seeks comments on all aspects of contractors for on-site exams and of this provision, which authorizes SBA the proposal and suggestions as to any reviews bill SBA separately for each to charge a PLP Lender fee to cover the modifications. For example, SBA would examination/review as it is conducted. costs of the PLP performance review. be interested in comments concerning The total annual cost of contractor on- Subpart I—Lender Oversight. SBA the methodology used to distribute costs site examinations and reviews is would add a new subpart for lender to Lenders. However, SBA will rely on $4,915,000. The contractor for off-site oversight, which would initially consist its own expertise in making final reviews/monitoring generally bills SBA of proposed section 120.1070 governing determinations for the final rule. one flat fee for the year to cover the lender oversight fees. V. Compliance With Executive Orders reviews/monitoring of all Lenders. The Section 120.1070—Lender Oversight 12866, 12988, and 13132, the total annual cost for off-site reviews/ Fees. SBA proposes to add this new Regulatory Flexibility Act (5 U.S.C. monitoring is approximately $2,604,000; section to part 120 of Title 13 CFR to 601–612), and the Paperwork the apportionment of these costs at the implement the fee authority granted to Reduction Act (44 U.S.C., Ch. 35) Lender level have been discussed above SBA. in the ‘‘Supplemental Information, Section 120.1070(a)—Fee Executive Order 12866 Section II Proposal.’’ Components. This provision sets forth The Office of Management and Budget C. Potential Benefits and Costs the components that may be included in has determined that this rule constitutes the total fee, including charges to cover a significant regulatory action under The costs to Lenders associated with the costs of: (1) On-site safety and Executive Order 12866 thus requiring a SBA’s on-site and off-site reviews and soundness examinations conducted for Regulatory Impact Analysis, as set forth monitoring are described elsewhere in SBLCs and NFRLs; (2) on-site reviews below. this notice. The benefit for Lenders is conducted for other Lenders; (3) off-site that it allocates direct costs of on-site reviews/monitoring conducted for all A. Regulatory Objective examinations or reviews to those Lenders; and (4) SBA’s other Lender As the SBA moves to more Lenders for whom those costs are oversight expenses, as assessed. The fee streamlined lending processes and incurred.

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Indirect costs of off-site monitoring as many small business concerns as examinations, reviews, and other will be allocated according to each possible within the authorized funding Lender oversight activities. Lender’s participation level as measured level. Lending partners that reach out to The proposed would apply to all 7(a) by SBA guaranteed dollars, so that the very small businesses and startup lenders with outstanding SBA costs will be proportionate to the businesses should not be charged the guaranteed loan balances. benefits Lenders derive from same off-site monitoring fee for their Approximately 5,200 lenders are participating in the 7(a) program. In small loan as another Lender with a currently participating in the 7(a) addition, Lenders with the highest very large loan. The loan number based program, of which 11 are active SBLC amount of SBA guaranteed dollars methodology also fails to consider Lenders. SBA has determined that represent the most risk to SBA and varying guarantee percentages in SBA’s SBLCs are classified under the size require the greatest level of off-site loan programs (for example SBA standard for NAICS 522298. Three of monitoring; therefore, apportioning the Express at 50% versus regular 7(a) the 11 active SBLCs are below the $6.5 monitoring costs in relation to the lending at 75%). Risk considered is the million in average annual receipts and amount of SBA guaranteed dollars is dollar risk of defaulted guaranteed are deemed small business concerns. more equitable to smaller or new balances. Therefore, a scheme that Nearly all of the remaining 7(a) Lenders Lenders that represent proportionately assesses fees directly proportionate to are covered under NAICS 522110 for less risk to SBA. The 92% of 7(a) the guaranteed balances is the most commercial banks and other depository Lenders with under $10 million in equitable. financial institutions. About 3,000 of the outstanding SBA guarantees benefit by Lenders in this classification have less the off-site review process. Most of these Executive Order 12988 than $165 million in assets and are Lenders will be subject to off-site This proposed action meets deemed small business concerns. reviews instead of on-site reviews, applicable standards set forth in §§ 3(a) The proposed rule would not have a which will eliminate space and staff and 3(b)(2) of Executive Order 12988, significant economic impact on a costs associated with SBA’s on-site Civil Justice Reform, to minimize substantial number of the 3,000 Lenders review process. Payment of fees litigation, eliminate ambiguity, and covered under NAICS 522110. Most of proposed in this rule will allow SBA to reduce burden. This rule would not these Lenders have very small SBA maintain the off-site review process for have retroactive or pre-emptive effect. portfolios and would only be subject to less active lenders while allocating the fees for the off-site reviews/monitoring. higher cost of on-site reviews and Executive Order 13132 The annual fee for 98% percent of these lenders would be less than $945, the examinations to those active lenders This proposed rule would not have cost of a one year subscription to the that represent the most risk to SBA and substantial direct effects on the States, ‘‘American Banker’’ magazine. The for whom the expense is directly on the relationship between the Federal estimated annual fee for 2,068 of these incurred. The SBA and lenders will government and the States, or on the small Lenders would be less than $50. incur additional administrative costs distribution of power and related to the billing, collection, and SBA may waive the fees when it is not responsibilities among the various cost-effective to bill and collect. SBA is payment of the fees. These levels of government. Therefore, for the administrative costs are limited to in the process of determining at which purposes of Executive Order 13132, dollar amount it would not be cost accounting input for SBA’s bill and SBA has determined that this proposed receipt system and writing a check by effective for SBA to bill and collect. rule has no federalism implications That determination may be revised the lender. They are deemed to be warranting preparation of a federalism minimal. periodically to reflect changes in SBA’s assessment. Besides allocating its review and costs. Another 443 would be assessed monitoring costs to its Lenders, SBA Regulatory Flexibility Act annual fees of less than $100. For 469 will benefit through the relative ease of Lenders, the annual fee would be administering the assessment process. When an agency issues a rulemaking between $100 and $1,000. The largest of SBA’s additional costs would only proposal, the Regulatory Flexibility Act the approximately 51 remaining Lenders consist of new expenses incurred in (RF), 5 U.S.C. 601–612, requires the classified as small business concerns collecting the fees. SBA anticipates that agency to ‘‘prepare and make available has over $100 million in outstanding these new expenses would be minimal. for public comment an initial regulatory SBA guarantees. The estimated flexibility analysis’’ which will annualized fee for this Lender, which D. Alternatives (Cost/Benefits ‘‘describe the impact of the proposed would cover the cost of the bi-annual Estimated) rule on small entities.’’ 5 U.S.C. 603(a). on-site review plus annual off-site An alternative off-site review/ Section 605 of the RFA allows an monitoring cost, would be $21,440. The monitoring cost allocation plan was agency to certify a rule, in lieu of estimated annualized fee of the on-site considered, based on the number of preparing an analysis, if the proposed exam plus the annual off-site loans outstanding for each respective rulemaking is not expected to have a monitoring cost fee for the three SBLCs Lender. A significant portion of the cost significant economic impact on a classified as small business concerns of analytics used in the L/LMS is that substantial number of small entities. would range from $26,034 to $40,302. of obtaining credit scores on borrowers Although this rulemaking may affect a Moreover, since SBA would calculate with outstanding SBA guaranteed loans substantial number of small entities, for and bill for the fee, there would be to assess the credit risk of the Lender’s the reasons stated below, SBA does not virtually no recordkeeping or other 7(a) loan portfolio. The benefit of this believe that this proposal will have a compliance requirements of the rule. scheme is that it charges each Lender significant economic impact on a There are also no relevant Federal rules based on the credit scores obtained for substantial number of small entities. governing fees for the 7(a) program their SBA portfolio. We have This proposed rule implements Small which may duplicate, overlap or determined that this methodology is Business Act 5(b)(14), which authorizes conflict with the Proposed Rule. contrary to the SBA’s mission and SBA to require 7(a) Lenders to pay Accordingly, the Administrator of SBA would not be well related to risk. Our examination and review fees. These fees hereby certifies to the Chief Counsel of mission is to provide capital access to are to be available to fund the costs of Advocacy that this proposed rule will

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not have a significant economic impact employees and equipment expenses that SUMMARY: The FAA proposes to adopt a on a substantial number of small are directly related to carrying out new airworthiness directive (AD) for entities. Lender oversight activities). SBA will certain Bombardier Model DHC–8–400 assess this charge based on each series airplanes. This proposed AD Paperwork Reduction Act Lender’s portion of the total dollar would require repetitive cleaning/ SBA has determined that this amount of SBA guarantees in SBA’s inspecting of the drain hole of each pitot proposed rule does not impose portfolio. static probe and repetitive cleaning of additional reporting or recordkeeping (b) Billing Process. For the on-site the pitot lines in the pitot static system. requirements under the Paperwork examinations or reviews conducted This proposed AD results from reports Reduction Act, 44 U.S.C. Chapter 35. under paragraphs (a)(1) and (a)(2) of this of incidents of airspeed mismatch section, SBA will bill each Lender for List of Subjects in 13 CFR Part 120 between the pilot, co-pilot, and standby the amount owed following completion airspeed indications caused by Loan programs—business, Small of the examination or review. For the contamination in the pitot static system. businesses. off-site reviews/monitoring conducted We are proposing this AD to prevent For the reasons discussed in the under paragraph (a)(3) of this section erroneous/misleading altitude and preamble, SBA proposes to amend 13 and the other Lender oversight expenses airspeed information from a CFR part 120 to read as follows: incurred under paragraph (a)(4) of this contaminated pitot static system to the section, SBA will bill each Lender for flightcrew, which could reduce the PART 120—BUSINESS LOANS the amount owed on an annual basis. ability of the flightcrew to maintain the 1. The authority citation for part 120 SBA will state in the bill the date by safe flight and landing of the airplane. is revised to read as follows: which payment is due SBA and the DATES: We must receive comments on approved payment method(s). The this proposed AD by October 5, 2006. Authority: 15 U.S.C. 634(b)(6), 634(b)(7), payment due date will be no less than 634(b)(14), 633(b)(3), 636(a) and (h), 650, and ADDRESSES: Use one of the following 30 calendar days from the bill date. addresses to submit comments on this 696(3) and 697(a)(2). (c) Delinquent Payment and Late- proposed AD. 2. Revise § 120.454 to read as follows: Payment Charges. Payments that are not • DOT Docket Web site: Go to received by the due date specified in the § 120.454 PLP performance review. http://dms.dot.gov and follow the bill shall be considered delinquent. SBA instructions for sending your comments SBA may review the performance of will charge interest, and other a PLP Lender. electronically. applicable charges and penalties, on • Government-wide rulemaking Web 3. Add a new Subpart I to read as delinquent payments, as authorized by follows: site: Go to http://www.regulations.gov 31 U.S.C. 3717. SBA may waive or abate and follow the instructions for sending the collection of interest, charges and/or Subpart I—Lender Oversight your comments electronically. penalties if circumstances warrant. In • Mail: Docket Management Facility, § 120.1070 Lender Oversight Fees. addition, a Lender’s failure to pay any U.S. Department of Transportation, 400 Lenders are required to pay to SBA of the fee components described in this Seventh Street, SW., Nassif Building, fees to cover costs of examinations, section, or to pay interest, charges and room PL–401, Washington, DC 20590. reviews, and other Lender oversight penalties that have been charged, may • Fax: (202) 493–2251. activities. result in a decision to suspend or revoke • Hand Delivery: Room PL–401 on (a) Fee components: The fees may a participant’s eligibility under the plaza level of the Nassif Building, cover the following: § 120.415, or to limit a participant’s 400 Seventh Street, SW., Washington, (1) On-Site Examinations. The costs of delegated authority under other DC, between 9 a.m. and 5 p.m., Monday conducting on-site safety and soundness provisions of this part. through Friday, except Federal holidays. examinations of an SBA-Supervised Dated: August 24, 2006. Contact Bombardier, Inc., Bombardier Lender, including any expenses that are Steven C. Preston, Regional Aircraft Division, 123 Garratt incurred in relation to the examination. Administrator. Boulevard, Downsview, Ontario M3K For the purposes of this paragraph, the [FR Doc. 06–7399 Filed 9–1–06; 8:45 am] 1Y5, Canada, for service information identified in this proposed AD. term ‘‘SBA-Supervised Lender’’ means a BILLING CODE 8025–01–P Small Business Lending Company or a FOR FURTHER INFORMATION CONTACT: Ezra Non-Federally Regulated Lender. Sasson, Aerospace Engineer, Systems (2) On-Site Reviews. The costs of DEPARTMENT OF TRANSPORTATION Flight Test Branch, ANE–172, FAA, conducting an on-site review of a New York Aircraft Certification Office, Lender, including any expenses that are Federal Aviation Administration 1600 Stewart Avenue, suite 410, incurred in relation to the review. Westbury, New York 11590; telephone (3) Off-Site Reviews/Monitoring. The 14 CFR Part 39 (516) 228–7320; fax (516) 794–5531. costs of conducting off-site reviews/ SUPPLEMENTARY INFORMATION: monitoring of a Lender, including any [Docket No. FAA–2006–25723; Directorate expenses that are incurred in relation to Identifier 2006–NM–007–AD] Comments Invited the review/monitoring activities. SBA RIN 2120–AA64 We invite you to submit any relevant will assess this charge based on each written data, views, or arguments Lender’s portion of the total dollar Airworthiness Directives; Bombardier regarding this proposed AD. Send your amount of SBA guarantees in SBA’s Model DHC–8–400 Series Airplanes comments to an address listed in the portfolio. AGENCY: Federal Aviation ADDRESSES section. Include the docket (4) Other Lender Oversight Activities. Administration (FAA), Department of number ‘‘FAA–2006–25723; Directorate The costs of additional expenses that Transportation (DOT). Identifier 2006–NM–007–AD’’ at the SBA incurs in carrying out Lender beginning of your comments. We ACTION: Notice of proposed rulemaking oversight activities (for example, the specifically invite comments on the (NPRM). salaries and travel expenses of SBA overall regulatory, economic,

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environmental, and energy aspects of blockage in the pitot static probes. type design that are certificated for the proposed AD. We will consider all Blockage of a probe’s pitot drain may operation in the United States. comments received by the closing date allow enough moisture to enter the Therefore, we are proposing this AD, and may amend the proposed AD in tube’s internal pitot line, which could which would require accomplishing the light of those comments. freeze under certain conditions, causing actions specified in the service We will post all comments we a blockage of the pitot line. This information described previously. receive, without change, to http:// condition, if not corrected, could result dms.dot.gov, including any personal in erroneous/misleading altitude and Clarification of Compliance Times information you provide. We will also airspeed information to the flightcrew, The compliance time for inspecting post a report summarizing each which could reduce the ability of the the drain holes of the pitot static probes substantive verbal contact with FAA flightcrew to maintain the safe flight is before further flight following the personnel concerning this proposed AD. and landing of the airplane. cleaning of the drain holes. This is not Using the search function of that Web Relevant Service Information made clear in paragraph A.1.b. of the site, anyone can find and read the Canadian airworthiness directive. comments in any of our dockets, Bombardier has issued Task 20–00– The compliance time for repeating the including the name of the individual 40–170–801 in the Bombardier Dash 8 cleaning and inspection of blocked who sent the comment (or signed the Q400 Aircraft Maintenance Manual drain holes of the pitot static probes is comment on behalf of an association, (AMM), PSM 1–84–2, Part 2, Revision before further flight. This is also not business, labor union, etc.). You may 21, dated December 5, 2005. This task made clear in paragraph A.1.c. of the review the DOT’s complete Privacy Act describes procedures for cleaning the Canadian airworthiness directive. Statement in the Federal Register drain hole of the pitot static probes and published on April 11, 2000 (65 FR examining the hole for blockage. Clarification of Certain Actions 19477–78), or you may visit http:// Bombardier has also issued Task 34–11– Task 34–11–00–170–801 in the dms.dot.gov. 00–170–801 in the Bombardier Dash 8 Q400 AMM, PSM 1–84–2, Part 2, Bombardier Dash 8 Q400 AMM, PSM 1– Examining the Docket Revision 21, dated December 5, 2005. 84–2, Part 2, describes procedures for You may examine the AD docket on Task 34–11–00–170–801 describes cleaning both the pitot and static lines the Internet at http://dms.dot.gov, or in procedures for cleaning the pitot and of the pitot static system. This proposed person at the Docket Management static lines of the pitot static system. AD would only require cleaning of the Facility office between 9 a.m. and 5 TCCA mandated the service information pitot lines; cleaning of the static lines is p.m., Monday through Friday, except and issued Canadian airworthiness not necessary to address the unsafe Federal holidays. The Docket directive CF–2005–15, dated May 18, condition that is the subject of this Management Facility office (telephone 2005, to ensure the continued proposed AD. The Canadian (800) 647–5227) is located on the plaza airworthiness of these airplanes in airworthiness directive also requires level of the Nassif Building at the DOT Canada. cleaning of only the pitot lines of the street address stated in the ADDRESSES pitot static system. FAA’s Determination and Requirements section. Comments will be available in of the Proposed AD Interim Action the AD docket shortly after the Docket Management System receives them. These airplane models are We consider this proposed AD manufactured in Canada and are type interim action. The manufacturer is Discussion certificated for operation in the United currently developing a modification that Transport Canada Civil Aviation States under the provisions of section will address the unsafe condition (TCCA), which is the airworthiness 21.29 of the Federal Aviation identified in this proposed AD. Once authority for Canada, notified us that an Regulations (14 CFR 21.29) and the this modification is developed, unsafe condition may exist on certain applicable bilateral airworthiness approved, and available, we may Bombardier Model DHC–8–400 series agreement. Pursuant to this bilateral consider additional rulemaking. airplanes. TCCA advises that it has airworthiness agreement, TCCA has Costs of Compliance received reports of incidents of airspeed kept the FAA informed of the situation mismatch between the pilot, co-pilot, described above. We have examined The following table provides the and standby airspeed indications. The TCCA’s findings, evaluated all pertinent estimated costs for U.S. operators to cause of these incidents is believed to be information, and determined that we comply with this proposed AD. There contamination in the pitot lines and/or need to issue an AD for airplanes of this are about 181 airplanes of U.S. registry.

ESTIMATED COSTS

Average labor Action Work hours rate per hour Cost per airplane Fleet cost

Clean/inspect pitot drain holes 1, per clean/inspection cycle $80 $80, per clean/inspection $14,480, per clean/inspection cycle. cycle. Clean pitot lines ...... 2, per clean cycle ...... 80 $160, per clean cycle ...... $28,960, per clean cycle.

Authority for This Rulemaking Aviation Programs, describes in more ‘‘General requirements.’’ Under that Title 49 of the United States Code detail the scope of the Agency’s section, Congress charges the FAA with specifies the FAA’s authority to issue authority. promoting safe flight of civil aircraft in rules on aviation safety. Subtitle I, We are issuing this rulemaking under air commerce by prescribing regulations Section 106, describes the authority of the authority described in Subtitle VII, for practices, methods, and procedures the FAA Administrator. Subtitle VII, Part A, Subpart III, Section 44701, the Administrator finds necessary for

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safety in air commerce. This regulation Applicability and inspection specified in paragraphs (f)(1) is within the scope of that authority (c) This AD applies Bombardier Model and (f)(2) of this AD on the affected pitot because it addresses an unsafe condition DHC–8–400, DHC–8–401, and DHC–8–402 static probe. that is likely to exist or develop on airplanes, certificated in any category; serial Cleaning of the Pitot Static Lines numbers 4001 and 4003 and subsequent. products identified in this rulemaking (h) Within 30 days after the effective date action. Unsafe Condition of this AD, clean the pitot lines of the pitot Regulatory Findings (d) This AD results from reports of static system in accordance with a method incidents of airspeed mismatch between the approved by the Manager, New York ACO. We have determined that this pilot, co-pilot, and standby airspeed Bombardier Task 34–11–00–170–801 in the proposed AD would not have indications caused by contamination in the Bombardier Dash 8 Q400 AMM, PSM 1–84– Federalism implications under pitot static system. We are issuing this AD to 2, Part 2, is one approved method for Executive Order 13132. This proposed prevent erroneous/misleading altitude and accomplishing the actions required by this airspeed information from a contaminated paragraph. Thereafter, repeat the cleaning of AD would not have a substantial direct the pitot lines at intervals not to exceed 600 effect on the States, on the relationship pitot static system to the flightcrew, which could reduce the ability of the flightcrew to flight hours. between the national Government and maintain the safe flight and landing of the Alternative Methods of Compliance the States, or on the distribution of airplane. power and responsibilities among the (AMOCs) various levels of government. Compliance (i)(1) The Manager, New York ACO, has the For the reasons discussed above, I (e) You are responsible for having the authority to approve AMOCs for this AD, if certify that the proposed regulation: actions required by this AD performed within requested in accordance with the procedures found in 14 CFR 39.19. 1. Is not a ‘‘significant regulatory the compliance times specified, unless the actions have already been done. (2) Before using any AMOC approved in action’’ under Executive Order 12866; accordance with § 39.19 on any airplane to 2. Is not a ‘‘significant rule’’ under the Initial and Repetitive Cleaning and which the AMOC applies, notify the DOT Regulatory Policies and Procedures Inspection of the Pitot Static Drain Holes appropriate principal inspector in the FAA (44 FR 11034, February 26, 1979); and (f) Within 30 days after the effective date Flight Standards Certificate Holding District 3. Will not have a significant of this AD, do paragraphs (f)(1) and (f)(2) of Office. economic impact, positive or negative, this AD. Thereafter, repeat the actions in Related Information paragraphs (f)(1) and (f)(2) of this AD at on a substantial number of small entities intervals not to exceed 70 flight hours. (j) Canadian airworthiness directive CF– under the criteria of the Regulatory (1) Clean the drain holes of all the pitot 2005–15, dated May 18, 2005, also addresses Flexibility Act. static probes in accordance with a method the subject of this AD. We prepared a regulatory evaluation approved by the Manager, New York Aircraft Issued in Renton, Washington, on August of the estimated costs to comply with Certification Office (ACO), FAA. Paragraph 23, 2006. this proposed AD and placed it in the 4.B., Procedure 2, subparagraphs (1) through Kalene C. Yanamura, (3) of Bombardier Task 20–00–40–170–801 in AD docket. See the ADDRESSES section Acting Manager, Transport Airplane for a location to examine the regulatory the Bombardier Dash 8 Q400 Aircraft Maintenance Manual (AMM), PSM 1–84–2, Directorate, Aircraft Certification Service. evaluation. Part 2, is one approved method for [FR Doc. E6–14628 Filed 9–1–06; 8:45 am] List of Subjects in 14 CFR Part 39 accomplishing the requirements of this BILLING CODE 4910–13–P paragraph. Air transportation, Aircraft, Aviation (2) Before further flight after cleaning the safety, Safety. drain holes of the pitot static probes, as specified in paragraph (f)(1) of this AD, do a DEPARTMENT OF JUSTICE The Proposed Amendment general visual inspection of the drain holes Federal Bureau of Investigation Accordingly, under the authority of all the pitot static probes for blockages, in accordance with a method approved by the delegated to me by the Administrator, 28 CFR Part 20 the FAA proposes to amend 14 CFR part Manager, New York ACO. Paragraph 4.A., Procedure 1, of Bombardier Task 20–00–40– 39 as follows: 170–801 in the Bombardier Dash 8 Q400 [Docket No. FBI 111P; AG Order No. 2833– AMM, PSM 1–84–2, Part 2, is one approved 2006] PART 39—AIRWORTHINESS method for accomplishing the requirements RIN 1110–AA25 DIRECTIVES of this paragraph. 1. The authority citation for part 39 Note 1: For the purposes of this AD, a Inclusion of Nonserious Offense continues to read as follows: general visual inspection is: ‘‘A visual Identification Records examination of an interior or exterior area, Authority: 49 U.S.C. 106(g), 40113, 44701. installation, or assembly to detect obvious AGENCY: Federal Bureau of § 39.13 [Amended] damage, failure, or irregularity. This level of Investigation, Justice. inspection is made from within touching ACTION: Proposed rule. 2. The Federal Aviation distance unless otherwise specified. A mirror Administration (FAA) amends § 39.13 may be necessary to ensure visual access to SUMMARY: The Department of Justice by adding the following new all surfaces in the inspection area. This level (the Department) proposes to amend airworthiness directive (AD): of inspection is made under normally part 20 of its regulations appearing at available lighting conditions such as Bombardier, Inc. (Formerly de Havilland, daylight, hangar lighting, flashlight, or title 28 of the Code of Federal Inc.): Docket No. FAA–2006–25723; droplight and may require removal or Regulations (CFR) pertaining to criminal Directorate Identifier 2006–NM–007–AD. opening of access panels or doors. Stands, justice information systems and the Comments Due Date ladders, or platforms may be required to gain appendix to that part. The amendment proximity to the area being checked.’’ will permit the retention and exchange (a) The FAA must receive comments on this AD action by October 5, 2006. (g) If any blockage is found in the drain of criminal history record information hole of any pitot static probe during the (CHRI) and fingerprint submissions Affected ADs inspection required in paragraph (f)(2) of this relating to nonserious offenses (NSOs) (b) None. AD, before further flight, repeat the cleaning in the Federal Bureau of Investigation’s

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(FBI’s) Fingerprint Identification pertinent part that the Attorney General [id. at 1087 n.15] and directed that Records System (FIRS) and the shall ‘‘acquire, collect, classify, and NSOs ‘‘are to be deleted from all FBI Interstate Identification Index (III) when preserve identification, criminal criminal records—upon request for provided by a criminal justice agency identification, crime, and other records’’ dissemination for all individuals over for retention by the FBI. and ‘‘exchange such records and age 35, and upon conversion to DATES: Written comments must be information with, and for the official computerized files for all other received on or before November 6, 2006. use of, authorized officials of the individuals * * *.’’ Id. at 1089. This ADDRESSES: All comments concerning Federal Government, including the decision was based on the content of the this proposed rule should be mailed to: United States Sentencing Commission, existing regulation rather than any other Assistant General Counsel Harold M. the States, cities, and penal and other legal requirement. As a result of the Sklar, Federal Bureau of Investigation, institutions.’’ District Court’s decision, the FBI CJIS Division, Module E–3, 1000 Custer The term ‘‘criminal history record destroyed previously-retained NSOs Hollow Road, Clarksburg, West Virginia information’’ is defined in the that were unaccompanied by serious 26306. To ensure proper handling, regulations as follows: offenses. please reference FBI Docket No. 111P on * * * information collected by criminal Since the 1970s, however, several your correspondence. You may view an justice agencies on individuals consisting of events have prompted reconsideration electronic version of this proposed rule identifiable descriptions and notations of of the language of section 20.32(b). First, at http://www.regulations.gov. You may arrests, detentions, indictments, information, definitions of ‘‘serious’’ or ‘‘significant’’ also comment via the Internet to the FBI or other formal criminal charges, and any offenses and NSOs vary significantly disposition arising therefrom, including among the States. Therefore, numerous at [email protected] or by using the acquittal, sentencing, correctional http://www.regulations.gov comment states have requested exceptions from supervision, and release. The term does not the FBI’s regulatory restriction on form for this regulation. When include identification information such as submitting comments electronically, fingerprint records if such information does submitting NSOs so that the FBI’s you must include FBI Docket No. 111P not indicate the individual’s involvement repository of criminal history records in the subject box. with the criminal justice system. would more closely mirror state- maintained criminal history FOR FURTHER INFORMATION CONTACT: 28 CFR 20.3(d) repositories. Revising the FBI’s policy to Assistant General Counsel Harold M. In 1974, the FBI implemented a policy allow for retention of NSOs in the FBI’s Sklar, telephone number (304) 625– limiting the acquisition and retention of records systems also will help create a 2000. NSOs, primarily based upon processing more uniform policy for collecting SUPPLEMENTARY INFORMATION: The capacity concerns in a manual record CHRI. This will increase the likelihood Department proposes to amend section keeping environment, i.e., before that law enforcement agencies in one 20.32 of part 20 of its regulations, and advances in technology made feasible state requesting criminal history the Appendix thereto, defining the the automated and digital storage and searches for a criminal justice purpose offenses that may serve as the basis for processing of much larger numbers of will have the same information maintaining fingerprints and CHRI in its such records. See 39 FR 5636 (Feb. 14, available to law enforcement agencies in criminal history record information 1974). At that time, the Department the state where the records originate. systems. The relevant FBI information promulgated a rule, published at 28 CFR Additionally, with the significant systems include the FIRS, which 20.32 (Includable offenses), which states increase in requests for CHRI to conduct maintains fingerprints records, and the that CHRI maintained in the III and the criminal background checks for III System, which maintains fingerprint- FIRS shall include ‘‘serious and/or noncriminal justice employment and supported CHRI. The amendment significant adult and juvenile offenses,’’ licensing purposes, some NSOs have broadens the definition of includable but exclude arrests and court actions acquired greater significance. For offenses to permit the retention of concerning ‘‘nonserious offenses’’ that example, a state school bus driver information relating to currently are not accompanied by a serious or applicant in one state with a history of excluded NSOs as well as information significant offense. Examples given in certain traffic offenses in another relating to ‘‘serious and/or significant the regulation of NSOs include jurisdiction may be disqualified from adult or juvenile offenses.’’ The revised ‘‘drunkenness, vagrancy, disturbing the employment based upon those traffic regulation will permit the retention and peace, curfew violation, loitering, false offenses under the law of his or her state exchange of fingerprints and CHRI fire alarm, non-specific charges of of residence. However, if those traffic relating to NSOs when provided by the suspicion or investigation, and traffic offenses from another state are NSOs criminal justice agency, as defined in 28 violations (except data will be included and are not included in the FBI’s CFR 20.3(g), for retention by the FBI. on arrests for vehicular manslaughter, systems of records, a check of the FBI’s Such NSO information is currently driving under the influence of drugs or records would result in a response to maintained only at the state and local liquor, and hit and run).’’ 28 CFR the inquiring agency that no prior levels. The proposed change will allow 20.32(b). record was located. As a result, for the more uniform collection of CHRI In Tarlton v. Saxbe, 407 F. Supp. individuals with potentially at the Federal level. It will establish 1083 (D.D.C. 1976), upon reversal and disqualifying criminal records may gain more uniform sharing of such remand from Tarlton v. Saxbe, 507 F.2d employment in positions from which information among the States by 1116 (D.C. Cir. 1974), the District Court they would otherwise be prohibited. allowing States to make NSO for the District of Columbia interpreted Therefore, permitting the FBI to retain information available for national this rule in a situation involving a and to exchange NSOs will assist in criminal history record searches for both plaintiff seeking to enjoin the producing more complete and uniform criminal justice and non-criminal dissemination of entries reflecting ‘‘non- background checks. At the same time, justice purposes by submitting such serious offenses’’ in the FBI’s system of inclusion of NSOs in the FBI information for retention by the FBI. records. The Tarlton court found that information systems will not affect the The general authority for the FBI to the language in 28 CFR 20.32(b) enforcement of state laws that require collect and exchange CHRI is found in reflected the then-existing FBI policy, the filtering out or redaction of specified 28 U.S.C. 534(a), which states in which excluded NSOs from the system offenses, such as certain significant or

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non-significant offenses, in connection proposed rule has been reviewed by the sections 3(a) and 3(b)(2) of Executive with licensing or employment checks. Office of Management and Budget. The Order 12988. These restrictions on record Department has also assessed the costs Regulatory Flexibility Act dissemination are applied by the and benefits of this rule. As stated more recipient or agency that has the fully in the Regulatory Flexibility Act The Attorney General, in accordance authority to request the CHRI from the section below, this rule imposes no with the Regulatory Flexibility Act, 5 FBI. costs on entities requesting information U.S.C. 605(b), has reviewed this As originally promulgated, the rule from the FBI because the request for proposed regulation and, by approving served an administrative purpose to information is entirely optional on the it, certifies that this regulation will not alleviate the workload in the 1970s part of the requesting entity. In addition, have a significant economic impact on when the FBI manually collected and the regulation imposes no cost on a substantial number of small entities. stored fingerprint cards. By adopting the entities providing information to the This rule imposes no costs on policy of not accepting fingerprint cards FBI, as the new requirement is entirely businesses, organizations, or relating to NSOs, the FBI was then able dependent on what information those governmental jurisdictions (whether to significantly reduce the number of entities, in their discretion, choose to large or small). On the contrary, it fingerprint cards processed. In 1999, submit. The FBI anticipates that its costs proposes changes to Department however, the FBI initiated the Integrated for processing the additional regulations that will allow the FBI to Automated Fingerprint Identification information that this rule proposes to respond more fully to requests for CHRI System (IAFIS), an automated system make available will be covered by its by including NSO information, thereby for storing and searching digitized current and future appropriations. enhancing the utility of latent fingerprint images. Digitized fingerprint Further, the FBI believes that this rule fingerprint searches and the reliability images require far less storage space provides substantial, but difficult to of background checks for noncriminal quantify, benefits by enhancing the than fingerprint cards; thus, IAFIS justice employment and licensing reliability of background checks for solved the legacy system’s capacity purposes. problem. Furthermore, the introduction noncriminal justice employment and of IAFIS has resulted in more timely licensing purposes and providing Unfunded Mandates Reform Act of 1995 identifications predicated upon latent greater opportunity for latent fingerprint This rule will not result in the fingerprint submissions, including searches. expenditure by State, local, and tribal latent fingerprints obtained from crime Executive Order 13132—Federalism governments, in the aggregate, or by the scenes. Hence, retaining NSOs will private sector, of $100 million or more increase law enforcement’s latent This proposed regulation will not in any one year, and it will not fingerprint search capability by have a substantial, direct effect on the significantly or uniquely affect small increasing the universe of criminal States, on the relationship between the national government and the States, or governments. Therefore, no actions were history record fingerprint submissions on the distribution of power and deemed necessary under the provisions retained by the FBI against which a responsibilities among the various of the Unfunded Mandates Reform Act latent fingerprint search can be made. Based on the above considerations, levels of government. While it provides of 1995. that States may submit additional we are proposing to amend 28 CFR Small Business Regulatory Enforcement fingerprints, it does not require their 20.32 to remove the existing distinction Fairness Act of 1996 between ‘‘serious and/or significant’’ submission. In drafting this proposed rule the FBI offenses and NSOs and to state more This proposed rule is not a major rule consulted the FBI’s Criminal Justice generally that ‘‘[t]he III System and the as defined by the Small Business Information Services (CJIS) Advisory FIRS shall maintain all fingerprints and Regulatory Enforcement Fairness Act of Policy Board (APB). The CJIS APB is an CHRI relating to adult and juvenile 1996. 5 U.S.C. 804. This proposed rule advisory committee established offenses submitted by criminal justice will not result in an annual effect on the pursuant to the Federal Advisory agencies for retention, consistent with economy of $100 million or more, a Committee Act, 5 U.S.C. App. 2. It the FBI’s capacity to collect and major increase in costs or prices, or have consists of representatives of numerous exchange such information.’’ significant adverse effects on Federal, State and local criminal justice The NSOs will be acquired, collected, competition, employment, investment, agencies across the United States. It classified and preserved with all other productivity, innovation, or on the recommends general policy to the FBI CHRI. The procedures by which an ability of United States-based Director regarding the philosophy, individual may obtain a copy of his or companies to compete with foreign- concept, and operational principles of her identification record from the FBI to based companies in domestic and the IAFIS, Law Enforcement Online, review and to request any change, export markets. National Crime Information Center, correction, or update are set forth in 28 National Instant Criminal Background Paperwork Reduction Act of 1995 CFR 20.34 and §§ 16.30–16.34. Check System, Uniform Crime Applicable Administrative Procedures Reporting, and other systems and The proposed rule does not contain and Executive Orders programs administered by the FBI’s CJIS collection of information requirements. Division. Therefore, in accordance with Therefore, clearance by the Office of Executive Order 12866 Executive Order 13132, it is determined Management and Budget under the The proposed rule has been drafted that this rule does not have sufficient Paperwork Reduction Act, 44 U.S.C. and reviewed in accordance with federalism implications to warrant the 3501, et seq., is not required. Executive Order 12866, section 1(b), preparation of a Federalism Assessment. List of Subjects in 28 CFR Part 20 Principles of Regulation. The Department has determined that this Executive Order 12988—Civil Justice Classified information, Crime, proposed rule is a significant regulatory Reform Intergovernmental relations, action under section 3(f) of Executive The proposed rule meets the Investigations, Law enforcement, Order 12866, and accordingly this applicable standards set forth in Privacy.

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Accordingly, part 20 of title 28 of the DEPARTMENT OF THE INTERIOR and additional information on the Code of Federal Regulations is proposed rulemaking process, see the ‘‘Public to be amended as follows: Fish and Wildlife Service Participation’’ heading of the SUPPLEMENTARY INFORMATION section of PART 20—CRIMINAL JUSTICE 50 CFR Part 16 this document. INFORMATION SYSTEMS RIN 1018–AT29 FOR FURTHER INFORMATION CONTACT: Erin Williams, Branch of Invasive Species, at 1. Revise the authority citation for Injurious Wildlife Species; Silver Carp [email protected], or (703) 358– part 20 to read as follows: (Hypophthalmichthys molitrix) and 2034. Authority: 28 U.S.C. 534; 42 U.S.C. Largescale Silver Carp SUPPLEMENTARY INFORMATION: 14614(c), 42 U.S.C. 14615; Pub. L. 92–544, 86 (Hypophthalmichthys harmandi) Stat. 1115; 42 U.S.C. 3711, et seq.; Pub. L. Background AGENCY: Fish and Wildlife Service, 99–169, 99 Stat. 1002, 1008–1011, as In October 2002, the U.S. Fish and Interior. amended by Pub. L. 99–569, 100 Stat. 3190, Wildlife Service (Service) received a 3196; Pub. L. 101–410, 104 Stat. 890, as ACTION: Proposed rule; notice of petition signed by 25 members of amended by Pub. L. 104–134, 110 Stat. 1321. availability of environmental Congress representing the Great Lakes documents. 2. Revise § 20.32 to read as follows: region to add bighead, silver, and black carp to the list of injurious wildlife SUMMARY: The U.S. Fish and Wildlife § 20.32 Includable offenses. under the Lacey Act (18 U.S.C. 42). A Service proposes to add all forms follow-up letter to the original petition The III System and the FIRS shall (diploid and triploid) of live silver carp had seven additional Legislator maintain fingerprints and criminal (Hypophthalmichthys molitrix), signatures that support the petition. The history record information relating to gametes, eggs, and hybrids; and all Service published a Federal Register adult and juvenile offenses submitted by forms (diploid and triploid) of live notice of inquiry on silver carp (68 FR largescale silver carp criminal justice agencies for retention, 43482–43483, July 23, 2003) and (Hypophthalmichthys harmandi), consistent with the FBI’s capacity to provided a 60-day public comment gametes, eggs, and hybrids to the list of collect and exchange such information, period. We received 31 comments in injurious fish, mollusks, and except where non-retention of such total, but 12 of these did not address the crustaceans under the Lacey Act. This fingerprints is specified by the issues raised in the notice of inquiry. listing would have the effect of submitting agency. We considered the information prohibiting the importation and provided in the 19 relevant comments. 3. In the appendix to part 20 revise interstate transportation of any live Most of the comments supported the the discussion of § 20.32 to read as animal, gamete, viable egg, or hybrid of addition of silver carp to the list of follows: the silver carp and largescale silver injurious wildlife. One commenter carp, without a permit in limited Appendix to Part 20—Commentary on noted that silver carp have no circumstances. The best available Selected Sections of the Regulations on commercial value, but was concerned information indicates that this action is Criminal History Record Information that listing would hinder control and necessary to protect the interests of Systems management. One commenter asked us human beings, and wildlife and wildlife to delay listing until a risk assessment * * * * * resources, from the purposeful or could be completed. Biological synopses § 20.32. This section requires the FBI to accidental introduction and subsequent and risk assessments were compiled for retain all fingerprints and criminal history establishment of silver carp and silver and largescale silver carp. record information relating to adult or largescale silver carp populations in Under the terms of the injurious juvenile serious offenses submitted for ecosystems of the United States. retention by a criminal justice agency and wildlife provisions of the Lacey Act, the DATES: Comments must be submitted on Secretary of the Interior is authorized to enables the FBI to retain all fingerprints and or before November 6, 2006. criminal history record information relating prohibit the importation and interstate to adult or juvenile nonserious offenses ADDRESSES: You may submit comments, transportation of species designated by submitted for retention by a contributing identified by RIN number 1018–AT29, the Secretary as injurious. Injurious agency, consistent with the FBI’s authority to by any of the following methods: wildlife are defined as those species and • collect and exchange such information, as set E-mail: [email protected]. Include offspring and eggs that are injurious to out at 28 U.S.C. 534, except where non- ‘‘RIN number 1018–AT29’’ in the wildlife and wildlife resources, to retention of such fingerprints is specified by subject line of the message. See the human beings, and to the interests of the submitting agency. The FBI is to Public Comments Solicited section forestry, horticulture, or agriculture of implement this requirement consistent with below for file format and other the United States. Wild mammals, wild the FBI’s capacity to collect and exchange information about electronic filing. birds, fish, mollusks, crustaceans, such information. • Fax: (703) 358–1800. amphibians, and reptiles are the only • Dated: August 28, 2006. Mail/Hand Delivery/Courier: Chief, organisms that can be added to the Branch of Invasive Species, U.S. Fish injurious wildlife list. Paul J. McNulty, and Wildlife Service, 4401 North Fairfax Species listed as injurious (including Acting Attorney General. Drive, Suite 322, Arlington, VA 22203. their gametes or eggs) may not be [FR Doc. E6–14605 Filed 9–1–06; 8:45 am] • Federal eRulemaking Portal: http:// imported into the United States or BILLING CODE 4410–02–P www.regulations.gov. Follow the transported between States, the District instructions for submitting comments. of Columbia, the Commonwealth of Instructions: All submissions received Puerto Rico, or any territory or must include the agency name and possession of the United States by any Regulatory Information Number (RIN) means without a permit issued by the for this rulemaking. For detailed Service. Permits may be granted for the instructions on submitting comments importation or transportation of

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injurious wildlife and their offspring or (4) What are the costs of thereof, viable eggs or hybrids imported eggs for bona fide scientific, medical, implementing propagation, recovery, or transported under a permit could be educational, or zoological purposes. A and restoration programs for native fish sold, donated, traded, loaned, or listing would not prohibit intrastate or other native species? What State- transferred to any other person or transport or possession of species listed species would be impacted by the institution unless such person or within States, where not prohibited by introduction of silver or largescale silver institution has a permit issued by the the State. Any regulation pertaining to carp? U.S. Fish and Wildlife Service. The the use of species within States would (5) What is the economic value of interstate transportation of all forms of continue to be the responsibility of each commercial fisheries that have been or live silver carp or largescale silver carp, State. could be impacted by silver or gametes, viable eggs or hybrids largescale silver carp? currently held in the United States for Public Participation (6) How many fishermen sell live any purpose would be prohibited Our practice is to make comments, silver carp? without a permit. including names and home addresses of (7) What are the annual sales and This action is being considered in respondents, available for public review landings for live and/or dead silver order to protect the welfare and survival during regular business hours. carp? What is the magnitude of the of native wildlife and wildlife resources Individual respondents may request that commercial market for live silver carp, and the health and welfare of human we withhold their home address from if any? beings from the potential negative the rulemaking record, which we will (8) What is the consumer surplus impacts of silver carp and largescale honor to the extent allowable by law. In generated from fishing for native fish or silver carp by adding them to the list of some circumstances, we would fishing-related expenditures such as injurious wildlife and preventing their withhold from the rulemaking record a food, lodging, and equipment? What is importation and interstate movement. the ex-vessel revenue from fishing for respondent’s identity, as allowable by Each State can regulate the native fish that are more valuable than law. If you wish us to withhold your transportation and possession of silver silver carp? carp and largescale silver carp within its name and/or address, you must state (9) What is the economic value of State boundaries, but States are not able this prominently at the beginning of baitfish industries in each State? How to prohibit the importation into the your comment. However, we will not would the presence of wild silver carp United States or the interstate consider anonymous comments. We affect baitfish imports or exports within transportation of these species. If one will make all submissions from a State? organizations or businesses and from State allows the use of either species, individuals identifying themselves as Description of the Proposed Rule and if either species is introduced to representatives or officials of The regulations contained in 50 CFR natural waters that are connected to organizations or businesses available for part 16 implement the Lacey Act as other States’ waterbodies, the silver or public inspection in their entirety. amended. Under the terms of that law, largescale silver carp could be This proposed rule solicits economic, the Secretary of the Interior is introduced to a State that prohibits their biological, or other information on authorized to prohibit by regulation use or possession, potentially impacting adding all forms of live silver and certain activities involving wild that State’s natural resources. Many largescale silver carp, and hybrids, to mammals, wild birds, fish, mollusks, States are asking the Federal the list of injurious wildlife. The data crustaceans, amphibians, reptiles, and Government to prohibit the importation will be used to determine if these the offspring or eggs of any of the and interstate transportation of silver species are a threat, or potential threat, foregoing that are injurious to human carp and have submitted letters of to those interests of the United States beings, to the interests of agriculture, support for the addition of silver carp to delineated above, and thus warrant horticulture, or forestry, or to the the list of injurious wildlife. They are addition to the list of injurious fish in wildlife or wildlife resources of the concerned that interstate transportation, 50 CFR 16.13. United States. The lists of injurious through trucking accidents or exchange We are soliciting public comments wildlife species are at 50 CFR 16.11 to of hauling water, could result in the and supporting data, to gain additional 16.15. By adding all forms of live silver introduction of silver carp into State information, on this proposed rule to carp and largescale silver carp, gametes, waters where they do not exist and are add all forms of live silver and eggs and hybrids to the list of injurious prohibited by State law. In addition, largescale silver carp, gametes, eggs, and wildlife, their importation into the they are concerned that if their hybrids, to the list of injurious wildlife United States, and transportation importation into the United States is under the Lacey Act. We specifically between States, the District of Columbia, still allowed, silver carp could become seek comment on the following the Commonwealth of Puerto Rico, or established in new waterways where questions: any territory or possession of the United they do not currently exist through (1) What regulations does your State States by any means whatsoever would human movement. The evaluation of have pertaining to the use, transport, be prohibited, except by permit for injuriousness follows the biology and and/or production of silver or largescale zoological, educational, medical, or natural history summary sections for silver carp? scientific purposes (in accordance with each species. (2) How many silver carp are permit regulations at 50 CFR 16.22), or Silver Carp currently in culture or used to control by Federal agencies without a permit algae in ponds, in how many and which solely for their own use. Federal Biology and Natural History States? Please provide the number of agencies who wish to import silver or The commonly named silver carp silver carp, if any, permitted within largescale silver carp for their own use belongs to the family Cyprinidae, with each State. must file a written declaration with the the species name of (3) What would it cost to eradicate District Director of Customs and the Hypophthalmichthys molitrix. The silver carp or largescale silver carp U.S. Fish and Wildlife Service Inspector silver carp is a deep-bodied fish with individuals and/or populations, or at the port of entry. No live silver carp scale counts typically ranging from 85 to similar nonnative populations, if found? or largescale silver carp, progeny 108. Adult coloration is typically gray-

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black along its top with upper sides strongly resemble one or the other of the Corps of Engineers, were found in olive-green that grade to silver along its parent species. similar proportions between main side and stomach. Fins are dark and Bighead carp x silver carp are channel borders, side channel borders, without true spines. Large adults can common in parts of the United States and contiguous backwaters. reach over 1.2 meters (m) in length and and are likely to be the result of wild Reproduction and Growth 50 kilograms (kg) in weight. The gill spawning, not escapement of artificially rakers of silver carp are unique and form induced hybrids because neither silver The reproductive potential of silver a highly specialized filtering apparatus. carp nor the hybrids are known to be in carp is high and increases with body The silver carp is a freshwater species use in aquaculture in the United States. size. Estimates range from 145,000– that can live in slightly brackish waters. Five percent of the adult 5,400,000 eggs for fish 3.18–12.1 kg. Silver carp occur naturally in a variety Hypophthalmichthys caught in the Eggs must be incubated in waters with of freshwater habitats including large lower Missouri River in 2004 were fairly high ionic concentrations. Silver rivers and warm water ponds, lakes, and hybrids. Hybridization between closely carp mature anywhere from 3–8 years, backwaters that receive flooding or are related cyprinid fishes occurs most and males usually mature one year otherwise connected to large rivers. commonly where a species has been earlier than females. Silver carp use They also have been introduced to introduced; hybridization between discrete spawning sites repeatedly. ponds, lakes, reservoirs, and canals cyprinids typically occurs when Silver carp usually spawn in the spring where they grow well, but may not members of related species share similar and early summer after a rise in water spawn and recruit without access to an spawning habitat, behavior, and season levels with water temperatures ranging appropriate riverine habitat. Silver carp because of the loss of environmental from 18–26 °C, though larva has been usually occupy the upper and middle cues that inhibit hybridization behavior. collected from the lower Missouri River layers of the water column and are quite The presence of large numbers of wild- in late August to mid-September. Eggs tolerant of broad water temperatures: spawned hybrids implies that bighead are semi-buoyant, so spawning typically from 4 °C to 40 °C. and silver carps often spawn in the occurs in water of sufficient flow to Silver carp can be distinguished from same place at the same time in United keep the eggs from sinking to the bottom all native North American cyprinids, States waters. Although there has been and dying. The same female may spawn except the golden shiner, by the moderate success in artificially twice during one growing season. There presence of a well-developed ventral producing hybrids of are indications of a prolonged spawning keel. It can be distinguished from the Hypophthalmichthys spp. and common period, into late summer or early fall, in golden shiner in having very small carp (Cyprinus carpio), the spawning the United States. scales (lateral line scales 85–108) locations and behaviors of the two Silver carp can grow quickly: 20 to 30 compared to the golden shiner (39–51). genera are so different that production kg in 5 to 8 years, and survival of silver Silver carp have only four pharyngeal of wild hybrids would be unlikely. carp in some culture ponds was 91%. teeth per side in a single row while the Water temperatures for maximum Habitat Use golden shiner has five on each side in growth of silver carp are between a single row. Silver carp in the Missouri River 24–34 °C. Silver carp are difficult to age, Small silver carp may resemble shad occupy primarily low-velocity water 1 but have been reported to live 15–20+ (Dorosoma species). Of the nine to 5 m deep in all months of the year years. and use low-velocity sections of established nonindigenous cyprinids in Diet and Feeding Habits the United States, the silver carp is most Missouri River tributaries. Adult silver similar to bighead carp. The silver carp carp aggregate in pool habitats to Silver carp are primarily is also very similar to largescale silver overwinter. Preliminary research phytoplanktivores, but are highly carp, a species which is not known to indicates that silver carp in the Missouri opportunistic, eating phytoplankton, be in the United States. River are active in winter, with activity zooplankton, bacteria and detritus. Though they are considered a deep slowing at less than 4 °C and little Silver carp will also bite on bread paste water, schooling species, in the movement occurring at temperatures and dough balls used as bait. Silver carp Missouri River these fish generally stay below 2 °C. Silver carp used tributaries can effectively filter and consume between 1 and 5 m deep and are rarely to larger rivers in the summer. smaller particles than bighead carp. observed on the surface until disturbed. Large lakes connected to rivers often Their food consumption rate is high, but Once disturbed, silver carp often swim serve as nursery areas for silver carp. widely variable. Fry at the smallest size rapidly near the surface creating a Juvenile silver carp typically remain in class consumed up to 140% of their characteristic large wake and regularly backwater habitats whereas adults are body weight daily; 63 mg fingerlings jump out of the water, particularly in typically found in main channels of consumed just more than 30% and 70– response to outboard motors. rivers. There is limited data about the 166 mg fingerlings consumed 63% of habitat use of juvenile silver carp in the their body weight. Adult silver carp Hybrids United States because their have been shown to consume 8.8 kg of Hybridization between closely related introduction, spread and establishment food per year, with 90% of the species of cyprinids (e.g., species of the is relatively recent and ongoing. Young- consumption occurring during the three genus Hypophthalmichthys) is not of-year silver carp were found in warmest months of the year. In the unusual. Silver carp are known to abundance in the backwaters of the Missouri River, silver carp sometimes hybridize and to produce viable middle Mississippi River, and juvenile had full guts at temperatures lower than offspring with both bighead silver carp were collected in low- 4 °C. Studies consistently show that (Hypophthalmichthys nobilis) and velocity and off-channel habitats in the filter feeding by silver carp shifts the largescale silver carps. Hybrids of silver Missouri, Mississippi, Wabash, and species composition of the and bighead carps are often used in lower Ohio rivers. Young-of-year (<100 phytoplankton community to smaller aquaculture in other countries. Both millimeters (mm)) and juvenile (100– species. Silver carp consume crosses (bighead carp × silver carp and 500 mm) silver carp collected for the zooplankton, especially when the reciprocal cross) are fertile. Hybrids Long Term Resource Monitoring phytoplankton abundance is low. of bighead and silver carps often Program (LTRMP), of the U.S. Army Studies also consistently show that the

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presence of silver carp results in a farms or were caught live in the wild. requirement to incubate eggs in waters zooplankton community dominated by Silver carp may be introduced and with fairly high ionic concentrations. smaller individuals. become established in new waterways Largescale Silver Carp beyond their current ranges through History of Introduction human use and movement. Biology and Natural History There are conflicting reports about the The commonly named largescale first importation of silver carp into the Uses silver carp (or southern silver carp, United States. One report said that Worldwide more silver carp are Vietnamese carp, or Harmandi silver silver carp were introduced in 1971 produced than any other species of carp) belongs to the family Cyprinidae, from Taiwan for algae control in sewage freshwater fish; they are raised for food with the species name of lagoons. Another report stated that or stocked for fishing. Silver carp are Hypophthalmichthys harmandi. silver carp were introduced in 1972 not presently being cultured The largescale silver carp is under an agreement of maintenance commercially for food in the United physically most similar to the silver with the Arkansas Game and Fish States and have been minimally carp, but does resemble bighead carp as Commission. A third citation said silver cultured in the last 20 years. The ability well. The relatively larger scale size of carp were introduced into Arkansas in of silver carp to effectively filter the largescale silver carp is the most 1973 as a potential addition to fish particles and reliance on phytoplankton reliable characteristic to distinguish it production ponds. Regardless of the for much of its diet has led to the use from silver carp. The number of scales specific date, the major pathway for of silver carp as a biological control along the lateral line of the largescale introduction of silver carp in the United agent for phytoplankton. Silver carp silver carp range from 77 to 88 States was importation for biological have been studied as a potential tool for compared to the silver carp with 85 to control of plankton in sewage lagoons controlling excess nutrients in 108. Scale rows above the lateral line in and culture ponds. The pathway that wastewater ponds, with mixed results. largescale silver carp range from 21 to led to presence of this species in open 23 compared to 29 to 30 in the silver Native Range and Potential Range in the waters probably was escape from carp. facilities. There is little, if any, current United States Because largescale silver carp remain use of silver carp for algae control. In Asia (China and Eastern Siberia), deep in the water column during Soon after importation, silver carp silver carp are native from about 54 °N daylight hours and swim toward the were used in research projects and southward to 21 °N. Most of North surface at night to feed on plankton, stocked into wastewater treatment America falls within these latitudes. they may be less prone to jumping than lagoons and impoundments in several This fact, along with establishment of silver carp in response to sounds of boat States. In 1974 or 1975, silver carp were engines during daytime. collected from Bayou Meto and the this species in countries with climates White River, Arkansas County, as tropical as Vietnam, as cold and arid Hybrids as Afghanistan and Pakistan, and as Arkansas. In January 1980, several silver Largescale silver carp are known to carp were collected from Crooked Creek, temperate as Kyrgyzstan and Latvia, leads to the conclusion that climate hybridize and to produce viable northeastern Arkansas County, which offspring with silver carp. In northern flowed through two private fish alone in the United States should not limit distribution of silver carp. Vietnam, native largescale silver carp, hatcheries possessing silver carp. By introduced silver carp, and their hybrids Silver carp are likely to become 1981, silver carp had been collected are cultured together. Largescale silver established in the Great Lakes, from the White, Arkansas, and carp grow faster than silver carp but especially given their close proximity. Mississippi rivers in Arkansas. From hybrids do not grow as quickly as pure There are 22 rivers flowing into Lakes there, they continued to spread through largescale silver carp. No additional Erie, Huron, Michigan, and Superior the Mississippi River Basin. Silver carp information on polyculture of largescale that are potential spawning sites for have been collected from the natural silver carp with other fish species was silver carp. The Genetic Algorithm for waters of 16 States and Puerto Rico. found. Largescale and silver carp Rule-Set Prediction (GARP) niche Silver carp are well established hybrids are tolerant of a temperate modeling tool estimates that United throughout much of the Mississippi climate (ca. 42–46 °N). River Basin, and its range appears to be States distribution of silver carp could expanding in that basin. highly likely include most of the Habitat Use Midwest and eastern U.S. waterways, Largescale silver carp prefer slow- Pathways of Introduction including the Chesapeake Bay, and moving, plankton-rich open waters. There are several potential pathways tributaries, and the Connecticut River This species is a nocturnal feeder and for further introductions of silver carp system. Based on the GARP model, remains in deeper waters during into additional water bodies that may silver carp, if introduced, are likely to daylight hours. Largescale silver carp is spread existing populations of silver also establish in the Columbia River most closely related to silver carp, with carp in the United States. One pathway system in the Northwest and possibly in which it hybridizes, therefore its is through the release of baitfishes parts of the Colorado and Sacramento/ salinity tolerance is probably similar to contaminated with silver carp. Other San Joaquin systems. that of silver carp, which is a freshwater potential pathways that would likely Because food availability, predation, species that can live in slightly brackish spread silver carp to new waterbodies in and competition are not known to limit waters. the United States include intentional populations of this species elsewhere, release, ballast water release, spread by access to habitats required for successful Reproduction and Growth commercial fishing activities, and reproduction (i.e., substantial lengths of The reproductive capability is release or escape from livehaulers that flowing water) will play a large role in expected to be similar to that of silver support commercial fishing or release determining potential range of silver carp, though largescale silver carp reach associated with the sale of the species carp in American waters. Another factor sexual maturity at a younger age than in live food fish markets, regardless of that may limit the distribution of silver silver carp. Females reach maturity in 2 whether the fish were cultured in fish carp in the United States is the years and males in 1 year. Spawning

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typically occurs in rivers during rains or they do in Kazakhstan at about 42–46 the United States since at least 1995. floods in May and June, although °N. Because silver carp can occupy lakes, spawning may be postponed until mid- there is serious concern that this species Factors That Contribute to August. Because largescale silver carp will further expand its range in the Injuriousness for Silver Carp and silver carp are closely related and United States beyond riverine hybridize, spawning requirements are Introduction and Spread environments and into lake likely similar. The major pathway for introduction of environments including the Great Lakes. The mean growth rate is greater for silver carp in the United States was In its native range, juveniles and adults largescale silver carp than for silver importation for biological control of are found in lakes and reservoirs. Silver carp. No information was found on plankton in culture ponds and sewage carp may be capable of establishing longevity of largescale silver carp, but lagoons. The pathway that led to the reproducing populations in other major silver carp can live 15–20+ years presence of this species in open waters river systems, such as the Potomac/ suggesting the possibility of a similar of the United States was probably Chesapeake, Columbia, and longevity in the closely related escape from these facilities. Subsequent Sacramento/San Joaquin Delta. largescale silver carp. Some adults may escapes and the mixture of silver carp Hybrids weigh 20–30 kg. with other species that were stocked Hybridization of silver carp with Diet and Feeding Habits may have contributed to the expansion of the species’ range. native fishes is not possible, but Largescale silver carp feed on Silver carp are difficult to handle and hybridization has occurred between phytoplankton and prefer slow-moving, transport because of their propensity to silver carp and bighead carp (H. nobilis), plankton-rich open waters. This species jump and avoid being taken by seines. a nonnative species also present in the is a nocturnal feeder and remains in These attributes have resulted in little Mississippi River basin, and between deeper waters during daylight hours. silver carp culture in the United States silver carp and largescale silver carp (H. Because this species is most closely since 1985. Silver carp are not being harmandi). Hybridization may also be related to silver carp, their food and cultured commercially at this time; possible with grass carp. feeding habits are likely similar. however, should culture of silver carp Potential Effects on Native Species Uses resume, a potential pathway for introduction would be escape or release Competition for food and habitat with There is no indication that the from a facility or during the transport other planktivorous fishes and with largescale silver carp have been and sale of live fish in retail markets. post-larvae and early juveniles of most imported into or introduced into the Other more likely pathways that may native fishes is likely high. Since nearly open waters of United States. Largescale aid the spread of existing populations of all fishes are planktivorous as larvae silver carp are considered the most silver carp include connected and juveniles, it is highly likely that important species for culture in waterways, contamination of pond- silver carp will adversely affect most Vietnam; the rapid growth and high fat grown baitfishes with silver carp, ballast native fishes in the Mississippi River content of this fish has made it an water release, release or escape from and also the Great Lakes basins, if economically important species for livehaulers that support commercial established. Silver carp will most likely food. Because this species is most fisheries, or spread by commercial affect native adults in the Mississippi closely related to silver carp, its fishers themselves. River Basin, such as paddlefish potential effectiveness in controlling Wild silver carp are at risk of being (Polyodon spathula), bigmouth buffalo algae and its effect on excess nutrients spread when juveniles are collected by (Ictiobus cyprinellus), gizzard shad in closed systems is possibly similar to cast net for use as live baitfish. Silver (Dorosoma cepedianum), the regionally that of silver carp. carp juveniles are very similar in abundant emerald shiner (Notropis atherinoides), and threadfin shad Native Range and Potential Range in the appearance to shad and anglers (Dorosoma petenens), particularly in United States sometimes catch young silver carp and use them as live bait. Release of live bait waters where food may become limited. Largescale silver carp are native to has been identified as a source for more Paddlefish, native to the Mississippi fresh waters of northern Hainan Island, than 100 introductions of fishes beyond River Basin and Gulf of Mexico river China, and the Red (Hong Ha) River of their natural range in the United States. drainages from east Texas to Alabama, northern Vietnam. The native range of Although adult and market-sized silver is a large river fish that has declined in largescale silver carp is subtropical to carp are fragile and do not survive abundance in recent years because of tropical (21–22 °N), making it the collection and transport well, fingerling overharvest and habitat alteration. Like southernmost fish of the genus. The silver carp are less susceptible to the silver carp, paddlefish use plankton species does not occur naturally on the mortality due to handling stress. as its primary food source, so silver carp Chinese mainland. Other potential pathways for further or hybrids would directly compete with Within its native range, largescale introductions of silver carp into the paddlefish for food throughout most of silver carp occur in subtropical to wild involve those associated with the the paddlefish’s range. Other fish, such tropical climates. Therefore, should sale of the species in live food fish as the buffalos or shads, use both pure stock be introduced to U.S. waters, markets. Silver carp, caught as bycatch, plankton and aquatic invertebrates as its potential range would likely be may be sold as fillets or to live fish food. While these fishes are currently limited to subtropical waters such as markets. Another potential pathway is more common than paddlefish, they those present in southern Florida, the intentional release of silver carp may be at risk if silver carp or silver x southern Texas, and Hawaii. Lack of through prayer release (the ceremonial largescale silver carp hybrids or silver x access to suitable rivers for spawning in release of a fish in honor of the one that bighead hybrids are able to establish these areas may preclude successful will be eaten). and reduce plankton. Gizzard shad are spawning. Hybrids of largescale silver Silver carp have survived, become a primary forage base for predacious and silver carps, however, would be established in river systems, and have fishes and important to the ecology of expected to tolerate temperate waters as been reproducing in natural waters of Midwestern rivers; thus, the potential

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competition with silver carp in these protozoans and trematodes and several endangered and threatened fishes and waters is cause for concern. crustaceans have also been reported mussels would vary between the two If silver carp negatively affect from silver carp. groups. Adverse effects to fishes would important planktivorous forage fishes Although there have been studies of most likely be through direct such as the gizzard shad and emerald disease-causing agents of silver carp, competition for food resources, shiner, fishes and birds that prey on none have dealt with transfer of these particularly phytoplankton and, to a these species would likely also be pathogens to native fishes of the United lesser extent, zooplankton, in the water negatively affected. Adult silver carp are States. Two parasites are a potential column during the larval stage. Potential too large to be preyed on by almost any threat to native North American fishes, for direct predation and injury of native predator. Young silver carp have including cyprinids: Gill-damaging drifting fertilized eggs and larvae of likely been incorporated into the diets Lernaea cyprinacea, known as native fishes also exists. Mussels are of piscivorous birds and fishes to some anchorworm (this parasite is also known also filter feeders but live partly or degree, but the extent of this predation to affect salmonids and eels), and totally buried in the substrate. Their is not known. Ecosystem balance is Bothriocephalus acheilognathi, known association with the benthic likely to be modified if silver carp as Asian carp tapeworm. The Asian carp environment means that they would be populations become large enough to tapeworm has infected native fishes of less likely to be affected by filter-feeding dominate other planktivorous fish concern in five States: Arizona, silver carp. Nevertheless, changes in the species. Silver carp will likely have Colorado, Nevada, New Mexico, and fish community structure caused by major effects on nutrient cycling and Utah. Silver carp are hosts of this silver carp are likely to have adverse may have adverse effects on primary parasite, but suffer minimal adverse effects on abundance and availability of productivity, which could alter food effects from it. As hosts of this host fishes required for mussel webs and ultimately alter nutrient and tapeworm, silver carp have the potential reproduction. Nutrient levels are a energy cycling in aquatic communities. to spread it to native fishes beyond the concern because there is evidence of The most likely negative effect would be five states listed above. This is a parasite overloading of nutrients in waters where an alteration of fish community that erodes mucus membranes and silver carp have been introduced. Silver structure through competition for food. intestinal tissues, often leading to death carp may consume too much of the food Fishes and mussels that are determined of the host. in the water and compete with native to be candidates for listing under the Some disease-causing agents harbored species for food. Excrement from silver Endangered Species Act would be at by silver carp pose health risks to carp has been found to increase levels risk. humans. The psychotropic pathogen of certain nutrients, some which cannot Listeria monocytogenes has been found Habitat Degradation be consumed by other animals in the in market and fish farm samples of digested form or may be harmful, which There is low risk of silver carp silver carp. Clostridium botulinum was may lead to a net decrease in food causing direct habitat degradation and/ found in 1.1% of fresh and smoked resources available. or destruction, although the presence of samples of silver carp from the The likelihood that silver carp would silver carp is sometimes associated with Mazandaran Province in Iran. The have adverse effects on designated decreased water clarity, which may also toxigenic fungi Aspergillus flavus, critical habitats of threatened and impact benthic chemistry and Alternaria, Penicillium, and Fusarium endangered species is significant. There community structure. The effect of these were found from silver carp and from are currently 60 species of fishes and 18 fishes on nutrients, sediment re- pond water in which they were raised mussels with designated critical habitat. suspension (which can stimulate at a fish farm in northern Iran. In Of the fishes and mussels with critical plankton growth), and decreasing addition, live Salmonella spp. can be habitat, at least 26 inhabit lakes or dissolved oxygen varies. Excrement found in silver carp for at least 14 days reaches of streams large enough to from silver carp (which can equal their after transfer to clean water and silver support silver carp. body weight in 10 days) has organically carp, therefore, should be considered as In some habitats, silver carp can enriched lake bottoms and altered the a potential carrier for Salmonella (S. develop extremely large populations benthic macroinvertebrate community typhimumium). that would likely further imperil native structure. Once established, these fish fishes not currently on the Federal List are likely to cause shifts in the food web Potential Impacts to Threatened and of Endangered and Threatened Wildlife. and compete with other Endangered Wildlife Large populations of silver carp are zooplanktivorous fishes and fish larvae Adverse effects of silver carp on likely to alter the native fish community for food. Changes in the community selected threatened and endangered structure, resulting in decline of native structure towards smaller size plankton freshwater mussels and fishes is likely mussels since many rely on native host may have negative effects on fishes to be moderate to high. There are fishes for reproduction. The fact that native to the United States that subsist currently 116 fishes and 70 mussels on silver carp can become extremely on larger zooplankton. the Federal List of Endangered and abundant and reach a very large size (> Threatened Wildlife. Based on habitat 1 m in length) in rivers, lakes, and Potential Pathogens requirements, it appears that 40 fishes reservoirs increases the probability of a Many species of parasites and and 25 mussels currently on the list negative impact on aquatic ecosystems bacterial diseases occur in silver carp. would likely be impacted by the they invade. The only viral disease agent of silver introduction and establishment of silver carp found in the literature is carp. Habitat requirements, springs and Potential Control Rhabdovirus carpio, the causative agent small streams, of the remaining listed Due to the extensive established range for spring viraemia of carp (SVC), a fishes and mussels would probably of silver carp in the Mississippi River systemic, acute, and highly contagious preclude any detectable effects as it is Basin, conventional control methods are infection commonly occurring in the unlikely that silver carp could survive not feasible to reduce established spring when water temperatures are in such small bodies of water. populations. The damage to ancillary below 18 °C. Silver carp are susceptible Adverse effects of established fisheries resources through control to many diseases caused by parasitic populations of silver carp on measures would be substantial. Netting

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and electrofishing may be effective in likely given the jumping behavior of silver carp to control excess nutrients. reducing populations, but many non- silver carp which makes fishing Regardless of their effect on increasing target fish species would also be killed difficult. or decreasing phytoplankton and where such control measures are used. The ability to control spread of zooplankton abundance, studies have Selective removal of silver carp is established populations depends on consistently shown that filter feeding by possible given their location in the their access to open waterways and silver carp shifts the species water column, but water trawling could riverine habitat to spawn. Barriers may composition of these communities to also remove other non-target fish such help control the spread of silver carp smaller species. Silver carps’ as paddlefish. from the Mississippi River basin into effectiveness has also been shown to be Use of chemical treatments, such as the Great Lakes or other waterbodies. greatly influenced by the design of the rotenone, would be expensive, only However, there are still several facility. locally effective, and would negatively pathways by which silver carp from Conclusion affect all fishes and invertebrates, not established populations in the just the target carp. Chemical treatment Mississippi River Basin might be moved Because silver carp are likely to of the Mississippi River and other large to new waterbodies, such as the spread from their current established rivers in the United States to control Potomac River or Columbia River, and range to new waterbodies in the United silver carp is not feasible, either have the potential to become States; are likely to compete with native logistically or economically, and would established. species for food and habitat; are likely have a low likelihood of success. Even Recovery of Disturbed Sites to have negative impacts on humans; are most nonlethal methods to prevent the known to hybridize with bighead carp, spread of silver carp, such as electrical Because the ability to eradicate this a nonnative species also established in barriers or acoustic, physical, or bubble species is low, there is little likelihood the United States; and because it would barriers, would negatively affect for rehabilitation or recovery of be difficult to eradicate, reduce large migratory native fishes. This effect ecosystems disturbed by this species. populations, or recover ecosystems might be minimized, if somewhat Additionally infested waterways allow disturbed by the species, the Service species-specific sonic barriers were connections to unpopulated sites. finds silver carp to be injurious to the developed. Treatment of ballast water in Utilizing sterile silver carp would do interests of human beings and the vessels moving from waters containing little to reduce or remove injuriousness wildlife and wildlife resources of the reproductive populations of silver carp as the present range of establishment in United States. the Mississippi River Basin is too to waters devoid of these fishes may Factors That Contribute to become necessary. At present, there is extensive for this option to reduce current silver carp populations in this Injuriousness for Largescale Silver no method known to substantially Carp reduce established populations of silver area. The use of daughterless fish carp. On the basis of presently available technology (introducing sterile males to Potential Introduction and Spread technology, eradication is not possible. produce unviable eggs) may reduce populations, but this would take many To our knowledge, the largescale Impacts to Humans years before it would reduce numbers of silver carp has not been imported into the United States. Its growth rate is Silver carp in the United States cause fish where they currently exist. Research is being conducted on the use greater than that of silver carp, and the substantial impacts to the health and species reaches sexual maturity sooner welfare of human beings that use of pheromones to control carp, but it is years from demonstrating effectiveness than silver carp. In culture situations, waterways infested with silver carp. introduced silver carp hybridized with There are numerous reports of injuries in natural waters and mass production. These technologies might be useful to largescale silver carp. The hybrids did to human beings and damage to boats not grow as quickly as largescale silver and boating equipment because of the prevent establishment of silver carp in new areas. carp but exceeded the growth rate of jumping habits of silver carp in the silver carp. Largescale silver carp x vicinity of moving motorized watercraft. Potential Pathogens silver carp hybrids were introduced in Some reported injuries include cuts The potential for silver carp to infect Kazakhstan where they became from fins, black eyes, broken bones, established. The climate of Kazakhstan back injuries, and concussions. Silver native fishes with pathogens is largely unknown. Should such transfers prove is temperate; thus, largescale silver carp carp also cause property damage x silver carp hybrids are more cold- including broken radios, depth finders, viable, the ability and effectiveness to control these transfers to native fishes tolerant than pure largescale silver carp. fishing equipment, and antennae. Some The faster growth rate of these hybrids vessels have been fitted with a Plexiglas would be low. The Asian carp tapeworm, for which silver carp is a than pure silver carp and the increased pilot’s cab as protection against jumping palatability of largescale silver carp silver carp. known host, has demonstrated potential to jump to native species of several compared to silver carp may Factors That Reduce or Remove orders in other nations and within U.S. conceivably stimulate interest in Injuriousness for Silver Carp waters. culturing either the hybrids or pure largescale silver carp in the United Control Potential Ecological Benefits for States. Because hybrids can tolerate The large and growing range of silver Introduction temperate climates, they have the carp in U.S. waterways makes chemical The ability of silver carp to effectively potential to be cultured in many control of established populations filter particles and reliance on southern States. Culture of pure highly unlikely, both physically and phytoplankton for much of its diet led largescale silver carp would probably fiscally. Some control might be possible to research into their effectiveness as a require subtropical/tropical conditions. with massive fishing efforts. Justifying biological control agent for Escape from containment, as has the expense of such efforts would phytoplankton in wastewater systems happened with silver carp, would require a large commercial demand, and other ponds. There is conflicting provide a pathway for release of which does not currently exist, nor is data concerning the benefit of using largescale silver carp into natural

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waters. Should this fish or its hybrids be of Mexico river drainages from east carp host this species. Since largescale released into natural waters, connected Texas to Alabama, buffalos (Ictiobus silver carp are very similar to silver waterways would become a secondary spp.), or shads (Dorosoma spp.). Given carp, they likely can host the Asian carp pathway for spread. Because of the that these fish may already be tapeworm. morphological similarity between this competing with bighead and silver carps Potential Impacts to Threatened and species and silver carp, stock in some areas, the presence of largescale Endangered Wildlife contamination of silver carp by silver carp would increase food largescale silver carp is possible if competition and increase the threat of Adverse effects of largescale silver imported from regions with populations negative impacts to native species. carp on selected threatened and of H. harmandi. Another possible Potential for direct predation and endangered freshwater mussels and introduction pathway, should largescale injury of drifting fertilized eggs and fishes would be expected to be moderate silver carp or their hybrids be imported larvae of fishes exists. Mussels are also to high. There are currently 116 fishes for culture, would be sale of live filter feeders but live partly or totally and 70 mussels on the Federal List of individuals in food fish markets. buried in the substrate; they would be Endangered and Threatened Wildlife. Likelihood of spread of largescale less likely to be affected by filter-feeding Based on habitat requirements, it silver carp, should they be introduced, largescale silver carp or their hybrids. appears that 40 fishes and 25 mussels would be high in subtropical/tropical Largescale silver carp feed in the water currently on the endangered or waters of the United States, but only column at night. Nevertheless, changes threatened species list would likely be where river flows are sufficient to in the fish community structure caused impacted by the introduction and support spawning. Hybrid largescale by largescale silver carp or hybrids establishment of largescale silver carp. silver carp x silver carp, however, would likely have adverse effects on However, the habitat requirements, would have high potential to live in abundance and availability of host springs and small streams, of the much of the temperate United States. fishes required for mussel reproduction. remaining listed fishes and mussels Because largescale silver carp can There are other possible, but less would probably preclude any detectable occupy reservoirs, they could also live likely, effects that will cascade through effects as it is unlikely that largescale in lakes. The same is likely true for any aquatic ecosystem with an silver carp or their hybrids would hybrids. Young largescale silver carp or established population of largescale survive in such small bodies of water. any hybrids captured by anglers for use silver carp or their hybrids. Nutrient It is highly likely that largescale silver as live bait would be a pathway that levels are a concern because there is carp and particularly their hybrids with could lead to numerous future evidence of overloading of nutrients in silver carp would have adverse effects introductions of these species. waters into which silver carp have been on designated critical habitats of introduced, and the same may apply to threatened and endangered species. Hybrids largescale silver carp or their hybrids. There are currently 60 species of fishes Hybridization with native fishes is not Habitat competition would likely be and 18 mussels with designated critical believed to be possible. Largescale silver low unless populations become habitat. At least 26 fishes and mussels carp can hybridize with silver carp and significantly large. The potential of with critical habitat inhabit lakes or possibly bighead carp, both of which are largescale silver and any hybrids to reaches of streams large enough to present in U.S. waters. Hybrids of cause habitat degradation and/or support hybrids of largescale silver carp largescale silver carp are known to have destruction is low as is possible and silver carp. Largescale silver carp survived and became established in predation on native wildlife. and their hybrids have the potential to Kazakhstan at a latitude of Additional adverse impacts on native alter food webs and ultimately alter approximately 45 °N, a latitude that wildlife, wildlife resources, and nutrient and energy cycling in aquatic parallels the border between New York ecosystem balance are likely few, except communities. The most likely effect State and Ontario, Canada. Therefore, it for fishes. Ecosystem balance would would be an alteration of fish can be assumed that these hybrids likely be modified if populations of community structure through would be capable of surviving and largescale silver carp or their hybrids competition for food. Fishes and probably establishing throughout much with silver carp become large enough to mussels that are determined to be of the United States where suitable dominate planktivorous fish species. candidates for listing under the waters exist. Because largescale silver carp may Endangered Species Act would likewise survive and become established and be at risk. Potential Effects on Native Species compete with native fishes, there is no There is low likelihood that species Largescale silver carp consume acceptable escape or release threshold may be placed in danger of extinction as primarily planktonic food sources. It is for largescale silver carp or their a result of the introduction or unknown if largescale silver carp feed hybrids. establishment of largescale silver carp if more heavily on phytoplankton than only pure stock escaped and became zooplankton, but their hybrids with Potential Pathogens established in subtropical/tropical silver carp would likely show a The potential for largescale silver carp waters in the United States. Yet, the preference for phytoplankton. to transfer pathogens is largely potential exists for hybrids with silver Largescale silver carp and hybrids are unknown. No detailed studies of carp to develop large populations that highly likely to compete for food with disease-causing agents of largescale could further imperil native fishes not other planktivorous native fishes and silver carp have been found, but at least currently on the Federal List of with post-larvae and early juveniles of three trematode parasites (Dactylogyrus Endangered and Threatened Wildlife. most native fishes should they become harmandi, D. hypophthalmichthys, D. Large populations of hybrids with silver established in the United States. chenthushenae) are known to infect carp would likely alter native fish Fishes most likely to be affected are largescale silver carp. Bighead, silver, community structures, ultimately those species whose diet is grass, and black carps are known to host resulting in decline of native mussels predominantly plankton including the Asian carp tapeworm since many rely on native host fishes for paddlefish (Polyodon spathula), native (Bothriocephalus acheilognathi), but it reproduction. The fact that hybrids have to the Mississippi River Basin and Gulf is unknown whether largescale silver the potential to become abundant and

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reach a very large size, > 1 m in length, Control carp, it is feasible because hybrids in rivers, lakes, and reservoirs, increases If hybrid largescale silver x silver carp between silver and bighead carps are the probability of a negative impact on were to escape and become established known. aquatic ecosystems should largescale in natural waters, management of Recovery of Disturbed Sites silver carp be introduced and become established populations would be nearly established. impossible both physically and fiscally. Although there is no evidence that this species has been introduced or Potential Control Some control might be possible with massive fishing efforts using nets, but targeted for introduction into the U.S., Due to the potential range of this would unlikely stem range its similarities with silver carp indicate establishment of hybrid largescale silver expansion. There would have to be that should it or its hybrids with silver carp x silver carp in the United States, substantial commercial demand to carp be introduced, abilities to conventional control methods would justify the expense of such efforts. eradicate, manage or control spread to not be feasible. The damage to ancillary Chemicals or selective removal may new locations would likely be low. fisheries resources through control be used to manage populations in Therefore, there would be little measures would be substantial. Netting localized areas. However, selective likelihood for rehabilitation or recovery and electrofishing might be effective in removal of largescale silver carp would of ecosystems disturbed by this species reducing local populations of largescale be difficult because they remain in or its hybrids. silver carp, but they would also affect deeper waters during daylight hours Potential Pathogens native fishes present in the area where when such removal efforts would such control measures are used. probably occur. If largescale hybrids The potential for largescale silver carp Similarly, use of chemical treatments lack this behavior, then selective or largescale silver x silver carp hybrids would be expensive, only locally removal may be feasible in specific to infect native fishes with pathogens is effective, and would negatively affect all situations. Pheromones may be a viable largely unknown. Should such transfers fishes and invertebrates. Even most option to limit spread; this possibility is prove viable, ability and effectiveness to nonlethal methods to prevent the spread under investigation for silver carp, and control the spread to native fishes of largescale silver carp, such as may have applicability to largescale would be low. electrical barriers or bubble curtains, silver carp and any hybrids. However, Potential Ecological Benefits for would negatively affect migratory native research into this control method is in Introduction fishes. At present, there is no method early stages. There are no potential ecological known to substantially reduce It would be difficult to control the benefits for introduction of largescale populations of established fishes in U.S. spread of largescale silver carp or any silver carp or its hybrids. waterways. On the basis of presently hybrids to new locations except, available technology, eradication would perhaps, by use of electric, acoustic, Conclusion not be possible. physical and other types of barriers. At Because largescale silver carp are present, there is no method known to Potential Impacts to Humans likely to escape or be released into the substantially reduce populations of wild if imported to the United States; introduced fishes in U.S. waterways. On The potential impact on the health are likely to survive, become established the basis of presently available and welfare of humans from largescale and spread if escaped or released; are technology, eradication would not be silver carp or any hybrids is unknown. likely to compete with native species for possible. If largescale silver x silver hybrids food and habitat; have been shown to Although there is no evidence that display the jumping behavior of pure hybridize with silver carp, a nonnative this species has been introduced or silver carp, their potential to injure species already established in the targeted for introduction into the United humans could be considerable. Impacts United States; hybrids with silver carp States, its affinities with silver carp to agriculture, horticulture or forestry may display jumping behavior that indicate that should it or its hybrids from largescale silver carp or hybrids could injure humans; and because it with silver carp be introduced, abilities are highly unlikely. would be difficult to prevent, eradicate, to eradicate, manage or control spread to reduce large populations, control spread Factors That Reduce or Remove new locations would likely be low. to new locations or recover ecosystems Injuriousness for Largescale Silver Therefore, rehabilitation or recovery of disturbed by the species, the Service Carp ecosystems disturbed by this species or finds largescale silver carp to be its hybrids is unlikely. Introduction of Detection and Response injurious to the interests of human largescale silver carp or its hybrids has beings and the wildlife and wildlife If largescale silver carp were no known potential ecological benefits. introduced into U.S. waters, it is Because no evidence exists that resources of the United States. unlikely that the introduction would be largescale silver carp have been Required Determinations discovered until the numbers were high imported or released into U.S. waters, enough to impact wildlife and wildlife triploidy or induced sterility could Paperwork Reduction Act (44 U.S.C. resources. Widespread surveys of potentially reduce or eliminate 3501 et seq.) waterways are not conducted to injuriousness. Nevertheless, these This rule contains information establish species’ presence lists. Delay processes are likely to be costly, time- collection activity for special use in discovery would limit the ability and consuming, and not 100% effective. permits. The Fish and Wildlife Service effectiveness to rapidly respond to the Should this species be imported, it is has approval from the Office of introduction and prevent establishment. likely that it would be placed in culture Management and Budget (OMB) to It is unlikely that hybrid largescale with other Asian carps including silver collect information under OMB control silver x silver carp could be eradicated carp, a species with which the number 1018–0093. This approval from U.S. waterways, should they be largescale silver carp can hybridize. expires June 30, 2007. The Service may introduced, unless they are found in Although the largescale silver carp is not conduct or sponsor, and a person is unconnected waterbodies. not known to hybridize with bighead not required to respond to, a collection

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of information unless it displays a believe that they are imported or distinguish between bighead carp and currently valid OMB control number. exported. Currently, there are some silver carp. Regulatory Planning and Review commercial fisheries for silver carp in Data for the silver carp fishery is the Mississippi, Missouri, and Illinois (a) In accordance with the criteria in limited. While Table 1 shows rivers. Usually, commercial fishermen commercial fishery landings and value Executive Order 12866, OMB has are catching silver carp as bycatch, designated this rule as a significant in Iowa and Illinois, we recognize that which can account for up to 50 percent regulatory action. there may be landings in other States as This rule would not have an annual of the catch. Silver carp are not well. Compared to the total commercial economic effect of $100 million or more favorable because of their jumping harvest and value, Asian carp or adversely affect an economic sector, habits and because they are less represented 11 percent of landings and productivity, jobs, the environment, or desirable by the consumer. In Missouri, 6 percent of value in 2003. Because other units of government. many of the fishermen do not primarily Illinois does not distinguish between target Asian carp (bighead and silver Costs Incurred bighead carp and silver carp in its carp) because the price received is low annual report, we are unable to Silver Carp ($0.10–$0.15 per pound). Instead, they determine the magnitude of silver carp We expect this proposed rule to have fish for bighead and silver carp when landings for the entire area. For Iowa, minimal costs. Silver carp are not other species or opportunities are silver carp represented less than 1 cultured in the United States, nor do we unavailable. Many fishermen do not percent of total landings.

TABLE 1.—2003 COMMERCIAL FISHERY LANDINGS AND VALUE IN IOWA AND ILLINOIS

Illinois1 Iowa 23 Total

Total Commercial Harvest (lbs) ...... 6,385,473 2,242,997 8,628,470 Asian Carp* ...... 900,497 15,774 916,271 Silver Carp ...... 3,828 3,828 Total Commercial Value ($) ...... $1,334,467 $496,765 $1,831,232 Asian Carp* ...... $99,055 $1,735 $100,790 Silver Carp ...... $421 $421 *Asian carp includes bighead carp and silver carp. The value for Asian carp and silver carp in Iowa is based on the average $0.11/lb received, which is the same as Illinois. 1 Illinois Department of Natural Resources. 2005. 2003 Commercial Catch Report. Brighton, Illinois. 2 Personal communication, Gene Jones, Iowa Department of Natural Resources. 3 Iowa Department of Natural Resources. 2003. Fisheries Management Section 2003 Completion Reports. Des Moines, Iowa.

The majority of the silver carp catch from the United States. We do not know populations in other U.S. watersheds. is sold as round weight. In Illinois, of any future plans to use largescale Thus, this proposed rule would protect fishermen can sell silver carp as long as silver carp in the United States. native fish and the recreational and they are not transported live once the Therefore, we do not expect the commercial fisheries associated with fish are taken off the water. No impacts proposed rule to add largescale silver native fish. In terms of recreational are expected to this market because carp to the list of injurious wildlife to fisheries, benefits would accrue due to silver carp are not delivered live to the have any costs. (1) consumer surplus generated from processor. Benefits Accrued fishing native fish and (2) fishing- The market for live silver carp is related expenditures such as food, unknown. Two live silver carp have Silver Carp lodging, and equipment. In terms of been seen for sale in Toronto markets; Within several waters of the Midwest, commercial fisheries, benefits would it is unknown if live silver carp are silver carp comprise a large percentage accrue due to the ex-vessel revenue being sold in United States markets. It of the commercial catch as bycatch from fishing native fish which are more is possible that silver carp are (non-target species). This may be valuable than silver carp. The timeline inadvertently shipped along with live negatively impacting revenue for for when these benefits would accrue bighead carp. However, most live commercial fishermen because silver depends on the potential spread and haulers will not haul live silver carp carp are not as valuable as the native impacts of silver carp. The extent of because the fishes do not transport well. species that are targeted. It is possible benefits to recreational and commercial Furthermore, the consumer prefers that silver carp populations would not fisheries is also unknown. bighead carp to silver carp. Because become established in new watersheds Largescale Silver Carp only sales of live silver carp would be (Columbia Basin, Chesapeake Basin, and regulated by this proposed rulemaking, Sacramento-San Joaquin Delta) with There have been no reports that we do not expect any impacts to similar attributes as the Mississippi largescale silver carp are in the United commercial fishermen unless they are River Basin as a result of this States. However, native fish populations transporting live silver carp across State rulemaking. Silver carp are likely to could decline if largescale silver carp lines for processing. While the exact compete with native fish for food, were to establish populations in the impact is unknown, we expect it to be causing declines in native fishes in the United States. With this proposed rule, minimal. United States, particularly those that we expect to greatly reduce the risk of rely heavily on plankton as a food the introduction and establishment of Largescale Silver Carp resource. largescale silver carp (or any hybrids) in There is no known use for largescale With this proposed rule, we expect to U.S. watersheds. Thus, this proposed silver carp in the United States or delay and greatly decrease the risk of rule protects native fish and the import/export of the species into or the establishment of silver carp recreational and commercial fisheries

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associated with native fish. In terms of impact on a substantial number of small if it continues to spread in the United recreational fisheries, benefits would entities. States. The largescale silver carp could accrue due to the continued (1) This proposed rulemaking may devastate many native fishery resources consumer surplus generated from impact a small number of fishermen if it is introduced to U.S. waterways. fishing native fish and (2) fishing- selling live silver carp. The number of This rulemaking will protect the related expenditures such as food, fishermen targeting silver carp is environment from the introduction and lodging, and equipment. In terms of unknown. Because the market for live spread of non-native species and will commercial fisheries, benefits would silver market is also unknown, we are indirectly work to sustain the economic accrue due to the continued ex-vessel unable to estimate the degree of impact benefits enjoyed by numerous small revenue from fishing native fish. The of this rulemaking. We expect this establishments connected with extent of benefits to recreational and proposed rulemaking to have a minimal recreational and commercial fishing. commercial fisheries is also unknown effect on commercial fishermen selling (b) Will not cause a major increase in because it depends on the introduction live silver carp because many live costs or prices for consumers, and subsequent establishment of haulers do not transport live silver carp. individual industries, Federal, State, or largescale silver carp populations in the We do not expect this rulemaking to local government agencies, or United States. affect aquaculture because silver carp, geographic regions. (b) This proposed rule will not create largescale silver carp or any hybrids are (c) Does not have significant adverse inconsistencies with other Federal not being cultured in the United States effects on competition, employment, agencies’ actions. This rule pertains at this time. investment, productivity, innovation, or only to regulations promulgated by the Many small businesses within the the ability of U.S.-based enterprises to U.S. Fish and Wildlife Service under the retail trade industry (such as hotels, gas compete with foreign-based enterprises. Lacey Act. No other agencies are stations, taxidermy shops, bait and involved in these regulations. tackle shops, etc.) may benefit from Unfunded Mandates Reform Act (c) This proposed rule would not continued recreational fishing without materially affect entitlements, grants, impacts from silver carp, largescale In accordance with the Unfunded user fees, loan programs, or the rights silver carp, or any hybrids. Furthermore, Mandates Reform Act (2 U.S.C. 1501 et and obligations of their recipients. This small businesses associated with seq.), this rule does not impose an proposed rule does not affect commercial fishing (fishermen, unfunded mandate on State, local, or entitlement programs. This rule is wholesalers, and retailers) would also tribal governments or the private sector aimed at regulating the importation and benefit from continued commercial of more than $100 million per year. The movement of nonindigenous species fishing without impacts from silver rule would not prohibit intrastate that have the potential to cause carp, largescale silver carp, or any transport or any use of silver carp or significant economic and other impacts hybrids. We do not know the extent to largescale silver carp within State on natural resources that are the trust which these small businesses would boundaries. Any regulations adhering to responsibility of the Federal continue to benefit. However, we expect the use of silver carp or largescale silver Government. this benefit to be distributed across carp within individual States will be the (d) OMB has determined that this various watersheds, and so we do not responsibility of each State. The rule proposed rule raises novel legal or expect that the rule will have a does not have a significant or unique policy issues. significant economic effect (benefit) on effect on State, local, or tribal governments or the private sector. A Regulatory Flexibility Act a substantial number of small entities in any region or nationally. statement containing the information Under the Regulatory Flexibility Act Therefore, we certify that this rule required by the Unfunded Mandates (as amended by the Small Business would not have a significant economic Reform Act is not required. Regulatory Enforcement Fairness Act effect on a substantial number of small Takings (SBREFA) of 1996), whenever a Federal entities as defined under the Regulatory agency publishes a notice of rulemaking Flexibility Act (5 U.S.C. 601 et seq.). An In accordance with Executive Order for any proposed or final rule, it must initial/final Regulatory Flexibility 12630, the rule does not have significant prepare and make available for public Analysis is not required. Accordingly, a takings implications. A takings comment a regulatory flexibility Small Entity Compliance Guide is not implication assessment is not required. analysis that describes the effect of the required. No individual small industry This rule would not impose significant rule on small entities (i.e., small within the United States will be requirements or limitations on private businesses, small organizations, and significantly affected if live silver carp property use. small government jurisdictions) (5 or largescale silver carp importation and Federalism U.S.C. 601 et seq.). However, no interstate transportation are prohibited. regulatory flexibility analysis is required In accordance with Executive Order if the head of an agency certifies that the Small Business Regulatory Enforcement 13132, the rule does not have significant rule would not have a significant Fairness Act Federalism effects. A Federalism economic impact on a substantial The rule is not a major rule under assessment is not required. This rule number of small entities. Thus, for a U.S.C. 804(2), the Small Business would not have substantial direct effects regulatory flexibility analysis to be Regulatory Enforcement Fairness Act. on States, in the relationship between required, impacts must exceed a This rule: the Federal Government and the States, threshold for ‘‘significant impact’’ and a (a) Does not have an annual effect on or on the distribution of power and threshold for a ‘‘substantial number of the economy of $100 million or more. responsibilities among the various small entities.’’ See 5 U.S.C. 605(b). Silver carp is in limited commercial levels of government. Therefore, in SBREFA amended the Regulatory trade in the United States and primarily accordance with Executive Order 13132, Flexibility Act to require Federal as fillets; the largescale silver carp is not we determine that this rule does not agencies to provide a statement of the known to be imported or present in the have sufficient Federalism implications factual basis for certifying that a rule United States. Silver carp are likely to to warrant the preparation of a would not have a significant economic devastate many native fishery resources Federalism Assessment.

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Civil Justice Reform survival of native fish and wildlife, as easier to understand to: Office of In accordance with Executive Order well as the health and welfare of Regulatory Affairs, Department of the 12988, the Office of the Solicitor has humans. In addition, largescale silver Interior, Room 7229, 1849 C Street, determined that the rule does not carp are visually similar to silver carp NW., Washington, DC 20240. You may unduly burden the judicial system and and can readily hybridize with silver also e-mail comments to meets the requirements of sections 3(a) carp, so they would be difficult to [email protected]. distinguish from silver carp. and 3(b)(2) of the Executive Order. The References Cited rule has been reviewed to eliminate Government-to-Government drafting errors and ambiguity, was Relationship With Tribes A complete list of all references used written to minimize litigation, provides in this rulemaking is available upon In accordance with the President’s a clear legal standard for affected request from the Branch of Invasive memorandum of April 29, 1994, conduct rather than a general standard, Species (see the FOR FURTHER ‘‘Government-to-Government Relations INFORMATION CONTACT section). and promotes simplification and burden with Native American Tribal reduction. Governments’’ (59 FR 22951), Executive Authority National Environmental Policy Act Order 13175, and 512 DM 2, we have The Service is issuing this proposed We have reviewed this rule in evaluated potential effects on Federally rule under the authority of the Lacey accordance with the criteria of the recognized Indian tribes and have Act (18 U.S.C. 42). National Environmental Policy Act and determined that there are no potential List of Subjects in 50 CFR Part 16 the Departmental Manual in 516 DM. effects. This rule involves the This action is being taken to protect the importation and interstate movement of Fish, Imports, Reporting and natural resources of the United States. all forms of live silver carp, largescale recordkeeping requirements, silver carp, gametes, eggs, and hybrids. Draft environmental assessments have Transportation, Wildlife. We are unaware of trade in these species been prepared for each species and are by Tribes. For the reasons discussed in the available for review by written request preamble, the U.S. Fish and Wildlife (see ADDRESSES section) or at our Web Effects on Energy Service proposes to amend part 16, page at http://contaminants.fws.gov/ On May 18, 2001, the President issued subchapter B of chapter I, title 50 of the Issues/InvasiveSpecies.cfm. Executive Order 13211 on regulations Code of Federal Regulations, as follows: Adding silver carp and largescale that significantly affect energy supply, silver carp to the list of injurious distribution, and use. Executive Order PART 16—[AMENDED] wildlife is intended to prevent their 13211 requires agencies to prepare further introduction and establishment Statements of Energy Effects when 1. The authority citation for part 16 into natural waters of the United States undertaking certain actions. This rule is continues to read as follows: in order to protect native fishes, the not expected to affect energy supplies, Authority: 18 U.S.C. 42. survival and welfare of wildlife and distribution, and use. Therefore, this 2. Amend § 16.13 as follows: wildlife resources and the health and action is a not a significant energy welfare of humans. Not listing silver action and no Statement of Energy a. By removing the word ‘‘and’’ at the carp as injurious may allow for an Effects is required. end of paragraph (a)(2)(iii); expansion of their use to States where b. By removing the period at the end they are not already found, thus Clarity of the Rule of paragraph (a)(2)(iv)(BB) and adding in increasing the risk of their escape and Executive Order 12866 requires each its place ‘‘; and’’; and establishment in new areas due to agency to write regulations that are easy c. By adding a new paragraph (a)(2)(v) accidental release and, perhaps, to understand. We invite your to read as set forth below. intentional release, which would likely comments on how to make this rule threaten native fish, wildlife, and easier to understand including answers § 16.13 Importation of live or dead fish, mollusks, and crustaceans, or their eggs. humans. Silver carp are established to questions such as the following: (1) throughout much of the Mississippi Are the requirements in this rule clearly (a) * * * River Basin. Releases of silver carp into stated? (2) Does the rule contain (2) * * * natural waters of the United States are technical language or jargon that (v) Live fish, gametes, viable eggs, or likely to occur again and the species is interferes with the clarity? (3) Does the hybrids of the species silver carp, likely to become established in format of the rule (grouping and order Hypophthalmichthys molitrix, or additional U.S. waterways, threatening of sections, use of headings, largescale silver carp, native fish populations, wildlife, and paragraphing, etc.) aid or reduce its Hypophthalmichthys harmandi. wildlife resources dependent on clarity? (4) Is the description of the rule * * * * * phytoplankton, zooplankton, bacteria, in the SUPPLEMENTARY INFORMATION and detritus, and impacting human section of the preamble helpful in Dated: July 14, 2006. health. understanding the rule? What else could Matt Hogan, Largescale silver carp are not known we do to make the rule easier to Acting Assistant Secretary for Fish and to be in the United States, but if understand? Wildlife and Parks. introduced to natural waters, they Send a copy of any written comments [FR Doc. 06–7416 Filed 9–1–06; 8:45 am] would likely impact the welfare and about how we could make this rule BILLING CODE 4310–55–P

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Notices Federal Register Vol. 71, No. 171

Tuesday, September 5, 2006

This section of the FEDERAL REGISTER the collection of information unless it Secretary of Agriculture is permitted to contains documents other than rules or displays a currently valid OMB control prevent, control and eliminate domestic proposed rules that are applicable to the number. diseases such as tuberculosis, as well as public. Notices of hearings and investigations, to take actions to prevent and to manage Animal and Plant Health Inspection committee meetings, agency decisions and exotic diseases such as foot-and-mouth, rulings, delegations of authority, filing of Service rinderpest, and other foreign diseases. petitions and applications and agency Title: Permit for the Movement of statements of organization and functions are Disease prevention is the most effective Restricted Animals. method for maintaining a healthy examples of documents appearing in this OMB Control Number: 0579–0051. section. animal population and enhancing the Summary of Collection: Title 21, ability of U.S. producers to compete in U.S.C. authorizes sections 111, 114, the global market of animal and animal 114a, 114–1, 115, 120, 121, 125, 126, DEPARTMENT OF AGRICULTURE product trade. The Animal and Plant 134a, 134c, 134f, and 134g. These Health Inspection Service (APHIS) will Submission for OMB Review; authorities permit the Secretary to collect information using form VS 17– Comment Request prevent, control and eliminate domestic 129, ‘‘Application for Import or In diseases such as tuberculosis and Transit Permit.’’ August 30, 2006. brucellosis, as well as to take actions to Need and Use of the Information: The Department of Agriculture has prevent and to manage exotic animal APHIS will collect information from the submitted the following information diseases such as hog cholera, foot-and- permit application regarding the type, collection requirement(s) to OMB for mouth disease, and other foreign number, and identification of the review and clearance under the diseases. Disease prevention is the most animals to be exported to the United Paperwork Reduction Act of 1995, effective method of maintaining a States, as well as information Public Law 104–13. Comments healthy animal population and for concerning the origin, intended date regarding (a) whether the collection of enhancing the Animal and Plant Health and location of arrival, routes of travel, information is necessary for the proper Inspection Service (APHIS) ability to and destination of the animals. APHIS performance of the functions of the compete in the world market of animals will also collect information that agency, including whether the and animal product trade. When farm certified that the herd in which the information will have practical utility; animals become sick or have been cattle was born and raised has tested (b) the accuracy of the agency’s estimate exposed to a disease, it is important that TB-negative to a whole herd test. Failure of burden including the validity of the they be removed promptly from their to collect this information would make methodology and assumptions used; (c) farm. If an animal must be transported it impossible for APHIS to effectively ways to enhance the quality, utility and across state lines, the owner will evaluate the TB risks associated with clarity of the information to be complete a ‘‘Permit for the Movement of cattle importation from Mexico, thereby collected; (d) ways to minimize the Restricted Animals,’’ VS Form 1–27. increasing the likelihood that healthy Need and Use of the Information: burden of the collection of information cattle and bison throughout the United APHIS will collect the owner’s name, on those who are to respond, including States will be exposed to tuberculosis. address, the animals’ point of origin and through the use of appropriate Description of Respondents: Business destination, the number of animals automated, electronic, mechanical, or or other for-profit; Farms. being moved, the purpose of the other technological collection Number of Respondents: 100. movement, and various pieces of animal techniques or other forms of information Frequency of Responses: Reporting: identification data so that each animal technology should be addressed to: Desk On occasion. in the shipment can be identified. Meat Officer for Agriculture, Office of Total Burden Hours: 15,000. Information and Regulatory Affairs, inspector report the slaughter of the Office of Management and Budget animals to veterinary services also uses Ruth Brown, (OMB), VS Form 1–27. Without the information, Departmental Information Collection [email protected] or APHIS would be unable to effectively Clearance Officer. fax (202) 395–5806 and to Departmental monitor and control the movement of [FR Doc. E6–14645 Filed 9–1–06; 8:45 am] Clearance Office, USDA, OCIO, Mail sick animals, a situation that could BILLING CODE 3410–34–P Stop 7602, Washington, DC 20250– seriously compromise the health of the 7602. Comments regarding these U.S. livestock population. information collections are best assured Description of Respondents: Business DEPARTMENT OF AGRICULTURE of having their full effect if received or other for-profit. within 30 days of this notification. Number of Respondents: 4,000. Forest Service Frequency of Responses: Reporting: Copies of the submission(s) may be On occasion. Deschutes Provincial Advisory obtained by calling (202) 720–8958. Total Burden Hours: 996. Committee (DPAC) An agency may not conduct or sponsor a collection of information Animal and Plant Health Inspection AGENCY: Forest Service, USDA. unless the collection of information Service ACTION: Notice of Meeting. displays a currently valid OMB control Title: Tuberculosis Testing for number and the agency informs Imported Cattle. SUMMARY: The Deschutes Provincial potential persons who are to respond to OMB Control Number: 0579–0224. Advisory Committee will meet for a the collection of information that such Summary of Collection: Under the field trip on September 15, 2006 starting persons are not required to respond to authority of Title 21, U.S.C., the at 8 a.m. at the Ochoco National Forest

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Headquarters, 3160 NE. 3rd Street, Comment. All Lake Tahoe Basin Federal DEPARTMENT OF COMMERCE Prineville, Oregon. Topics for Advisory Committee meetings are open discussion include a PAC business to the public. Interested citizens are International Trade Administration meeting at the office until 10:30 a.m. encouraged to attend at the above (A–427–818) The field trip will be from 10:30 a.m. address. Issues may be brought to the until 5 p.m. and will visit the Maxwell attention of the Committee during the Low Enriched Uranium from France: Fire to discuss Area Emergency open public comment period at the Final Results of Antidumping Duty Rehabilitation and potential meeting or by filing written statements Administrative Review opportunities for the fire salvage with the secretary for the Committee activities. Also, if time allows, members AGENCY: Import Administration, before or after the meeting. Please refer will visit McKay Creek to discuss International Trade Administration, any written comments to the Lake motorized access, dispersed camping, Department of Commerce. Tahoe Basin Management Unit at the and riparian resources. A Public Forum SUMMARY: On March 7, 2006, the will be available from 12:30 p.m. till contact address stated above. Department of Commerce (the 13:00 p.m. All Deschutes Province Dated: August 29, 2006. Department) published the preliminary Advisory Committee Meetings are open Terri Marceron, results of its third administrative review to the public. Forest Supervisor. of the antidumping duty order on low enriched uranium (LEU) from France. FOR FURTHER INFORMATION CONTACT: [FR Doc. 06–7404 Filed 9–1–06; 8:45 am] Chris Mickle, Province Liaison, The review covers one producer of the Deschutes NF, Crescent RD, P.O. Box BILLING CODE 3410–11–M subject merchandise. The period of 208, Crescent, OR 97754, phone (541) review (POR) is February 1, 2004 through January 31, 2005. Based on our 433–3216. DEPARTMENT OF AGRICULTURE analysis of the comments received, we Cecilia R. Seesholtz, Forest Service have made changes to the preliminary Deputy Forest Supervisor. results. For the final dumping margins [FR Doc. 06–7401 Filed 9–1–06; 8:45am] Notice of Southwest Idaho Resource see the ‘‘Final Results of Review’’ BILLING CODE 3410–11–M Advisory Committee Meeting section below. EFFECTIVE DATE: September 5, 2006. DEPARTMENT OF AGRICULTURE AGENCY: Forest Service, USDA. FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Myrna Lobo, AD/CVD ACTION: Notice of Meeting. Forest Service Operations, Office 6, Import Administration, International Trade SUMMARY: Lake Tahoe Basin Federal Advisory Pursuant to the authorities in Administration, U.S. Department of Committee the Federal Advisory Committee Act Commerce, 14th Street & Constitution (Pub. L. 92–463) and under the Secure AGENCY: Forest Service, USDA. Avenue, NW, Washington, DC 20230; Rural Schools and Community Self- telephone: (202) 482–3148 or (202) 482– ACTION: Notice of meeting. Determination Act of 2000 (Pub. L. 106– 2371, respectively. SUMMARY: The Lake Tahoe Basin Federal 393), the Boise and Payette National SUPPLEMENTARY INFORMATION: Advisory Committee will hold a Forests’ Southwest Idaho Resource Background meeting on October 3, 2006 at the U.S. Advisory Committee will conduct a Forest Service Office, 35 College Drive, business meeting, which is open to the On March 7, 2006, the Department South Lake Tahoe, CA 96150. This public. published in the Federal Register the preliminary results of the third Committee, established by the Secretary DATES: Wednesday, September 20, 2006, administrative review of the of Agriculture on December 15, 1998 (64 beginning at 10:30 a.m. FR 2876), is chartered to provide advice antidumping duty order on LEU from to the Secretary on implementing the ADDRESSES: Idaho Counties Risk France. See Low Enriched Uranium terms of the Federal Interagency Management Program Building, 3100 From France: Preliminary Results of Partnership on the Lake Tahoe Region South Vista Avenue, Boise, Idaho. Antidumping Duty Administrative and other matters raised by the Review, 71 FR 11386 (March 7, 2006) SUPPLEMENTARY INFORMATION: Agenda Secretary. (Preliminary Results). topics will include review and approval Since the Preliminary Results the DATES: The meeting will be held of project proposals, and is an open following events have occurred. As October 3, 2006, beginning at 9 a.m. and public forum. ending at 4 p.m. noted in the Preliminary Results, in accordance with section 773(f)(3) of the ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: Doug Gochnour, Designated Federal Tariff Act of 1930, as amended (the Act), the U.S. Forest Service Office, 35 and section 351.407(b) of our College Drive, South Lake Tahoe, CA Officer, at 208–392–6681 or e-mail [email protected]. regulations, we decided to conduct an 96150. analysis to determine whether the FOR FURTHER INFORMATION CONTACT: Arla Dated: August 25, 2006. respondent’s purchases of electricity Hains, Lake Tahoe Basin Management Richard A. Smith, from its affiliated supplier, E´ lectricite´ de Unit, Forest Service, 35 College Drive, Forest Supervisor, Boise National Forest. France (EdF), were made at prices below South Lake Tahoe, CA 96150, (530) [FR Doc. 06–7407 Filed 9–1–06; 8:45 am] the cost of production (COP) during the 543–2773. BILLING CODE 3410–11–M POR. See Memorandum to Barbara E. SUPPLEMENTARY INFORMATION: Items to Tillman from Mark Hoadley, Petitioners’ be covered on the agenda include: (1) Allegation of Purchases of a Major Input New Member Orientation; (2) the From Electricite´ de France (EdF), an Southern Nevada Public Land Affiliated Party, at Prices Below the Management Act; and (3) Public Affiliated Party’s Cost of Production,

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dated January 25, 2006. Subsequent to as the uranium dioxide and/or fuel on all appropriate entries, pursuant to respondent’s initial response concerning assemblies deemed to incorporate such 19 CFR 351.212(b). The Department this major input, the Department issued imported LEU (i) remain in the calculated importer-specific duty a supplemental questionnaire on March possession and control of the U.S. assessment rates on the basis of the ratio 16, 2006, seeking clarification on EdF’s fabricator, the foreign end-user, or their of the total amount of antidumping COP information. A timely response designed transporter(s) while in U.S. duties calculated for the examined sales was received on March 30, 2006. customs territory, and (ii) are re- to the total entered value of the On May 1, 2006, we received case exported within eighteen (18) months of examined sales for that importer. The briefs from the sole respondent, Eurodif entry of the LEU for consumption by the Department will not issue liquidation S.A., AREVA NC (formerly Compagnie end-user in a nuclear reactor outside the instructions for any entries of Eurodif Ge´ne´rale Des Matie´res Nucle´aires, S.A.) United States. Such entries must be merchandise until such time as the July and AREVA NC Inc. (formerly accompanied by the certifications of the 1, 2002 injunction issued by the Court COGEMA, Inc.) (collectively, Eurodif/ importer and end-user. of International Trade is lifted. AREVA, the respondent), and the The merchandise subject to this order The Department clarified its petitioner, the United States Enrichment is currently classifiable in the ‘‘automatic assessment’’ regulation on Corporation and USEC Inc. (collectively, Harmonized Tariff Schedule of the May 6, 2003 (68 FR 23954). This USEC). Eurodif/AREVA and USEC United States (HTSUS) at subheading clarification will apply to entries of submitted their rebuttal briefs on May 9, 2844.20.0020. Subject merchandise may subject merchandise during the period 2006. The petitioner requested a hearing also enter under 2844.20.0030, of review produced by the company on May 2, 2006, but withdrew its 2844.20.0050, and 2844.40.00. Although included in these final results of review request on May 9, 2006. the HTSUS subheadings are provided for which the reviewed company did On July 7, 2006, the Department for convenience and customs purposes, not know their merchandise was published in the Federal Register a the written description of the destined for the United States. In such notice extending the deadline for the merchandise is dispositive. instances, we will instruct CBP to final results from July 5, 2006 to August liquidate unreviewed entries at the all 21, 2006. See Low Enriched Uranium Analysis of Comments Received others rate if there is no rate for the from France: Extension of Time Limit The issues raised in all case and intermediate company involved in the for Final Results of Antidumping Duty rebuttal briefs by parties to this transaction. For a full discussion of this Administrative Review, 71 FR 38611 administrative review are addressed in clarification, see Antidumping and (July 7, 2006). the Issues and Decision Memorandum Countervailing Duty Proceedings: Scope of the Order to David M. Spooner, Assistant Assessment of Antidumping Duties, 68 Secretary for Import Administration, FR 23954 (May 6, 2003). The product covered by this order is from Stephen J. Claeys, Deputy Cash Deposits all low enriched uranium (LEU). LEU is Assistant Secretary for Import enriched uranium hexafluoride (UF6) Administration (Decision The following deposit requirements with a U235 product assay of less than Memorandum), which is hereby will be effective upon publication of the 20 percent that has not been converted adopted by this notice. A list of the final results of this administrative into another chemical form, such as issues addressed in the Decision review for all shipments of LEU from UO2, or fabricated into nuclear fuel Memorandum is appended to this France entered, or withdrawn from assemblies, regardless of the means by notice. The Decision Memorandum is on warehouse, for consumption on or after which the LEU is produced (including file in the Central Records Unit (CRU), the publication date of these final LEU produced through the down- and can be accessed directly on the Web results, as provided by section 751(a) of blending of highly enriched uranium). at http://ia.ita.doc.gov/frn. The paper the Act: (1) for Eurodif/AREVA, the cash Certain merchandise is outside the copy and electronic version of the deposit rate will be the rate listed above; scope of this order. Specifically, this Decision Memorandum are identical in (2) for merchandise exported by order does not cover enriched uranium content. producers or exporters not covered in hexafluoride with a U235 assay of 20 this review but covered in a previous percent or greater, also known as highly Changes Since the Preliminary Results segment of this proceeding, the cash enriched uranium. In addition, Based on our analysis of comments deposit rate will continue to be the fabricated LEU is not covered by the received, we have made adjustments to company–specific rate published in the scope of this order. For purposes of this our margin calculations. The most recent final results in which that order, fabricated uranium is defined as adjustments are discussed in detail in producer or exporter participated; (3) if enriched uranium dioxide (UO2), the Decision Memorandum. the exporter is not a firm covered in this whether or not contained in nuclear fuel review or in any previous segment of rods or assemblies. Natural uranium Final Results of Review this proceeding, but the producer is, the concentrates (U3O8) with a U235 As a result of our review, we cash deposit rate will be that established concentration of no greater than 0.711 determine that the following weighted- for the producer of the merchandise in percent and natural uranium average margin exists for the period these final results of review or in the concentrates converted into uranium February 1, 2004 through January 31, most recent final results in which that hexafluoride with a U235 concentration 2005: producer participated; and (4) if neither of no greater than 0.711 percent are not the exporter nor the producer is a firm covered by the scope of this order. Manufacturer/Exporter Margin (percent) covered in this review or in any Also excluded from this order is LEU previous segment of this proceeding, the owned by a foreign utility end-user and Eurodif/AREVA ...... 14.60 cash deposit rate will be 19.95 percent, imported into the United States by or for the ‘‘all others’’ rate established in the such end-user solely for purposes of Assessment investigation. See Notice of Amended conversion by a U.S. fabricator into The Department will determine, and Final Determination of Sales at Less uranium dioxide (UO2) and/or U.S. Customs and Border Protection Than Fair Value and Antidumping Duty fabrication into fuel assemblies so long (CBP) shall assess, antidumping duties Order: Low Enriched Uranium from

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France, 67 FR 6680 (February 13, 2002). Comment 11: Correction to Net U.S. certain adjustments made to U.S. price These deposit requirements shall Price and to evaluate the commercial remain in effect until publication of the [FR Doc. E6–14659 Filed 9–1–06; 8:45 am] transactions between Mexinox and final results of the next administrative BILLING CODE 3510–DS–S affiliated parties. Consequently, and in review. accordance with section 751(a)(3)(A) of the Tariff Act and 19 CFR 351.213(h)(2), Notification to Importers DEPARTMENT OF COMMERCE the Department is extending the time This notice also serves as a final limit for completion of the final results reminder to importers of their International Trade Administration of this administrative review until no responsibility under 19 CFR 351.402(f) (A–201–822) later than December 18, 2006, which is to file a certificate regarding the 180 days from the date of publication of reimbursement of antidumping duties Stainless Steel Sheet and Strip in Coils the preliminary results. This notice is prior to liquidation of the relevant from Mexico: Extension of Time Limit published in accordance with section entries during this review period. for Final Results of Antidumping Duty 751(a)(3)(A) of the Tariff Act. Failure to comply with this requirement Administrative Review Dated: August 29, 2006. could result in the Secretary’s Stephen J. Claeys, presumption that reimbursement of AGENCY: Import Administration, International Trade Administration, Deputy Assistant Secretary for Import antidumping duties occurred, and in the Administration. subsequent assessment of double Department of Commerce. [FR Doc. E6–14653 Filed 9–1–06; 8:45 am] antidumping duties. EFFECTIVE DATE: September 5, 2006. BILLING CODE 3510–DS–S Notification Regarding Administrative FOR FURTHER INFORMATION CONTACT: Protective Orders Maryanne Burke or Robert James, AD/ CVD Operations, Office 7, Import DEPARTMENT OF COMMERCE This notice is the only reminder to Administration, International Trade parties subject to the administrative Administration, U.S. Department of Submission for OMB Review; protective order (APO) of their Commerce, 14th Street and Constitution Comment Request responsibility concerning the return or Avenue NW, Washington, DC 20230; destruction of proprietary information telephone: (202) 482–5604 or (202) 482– The Department of Commerce will disclosed under the APO in accordance 0649, respectively. submit to the Office of Management and Budget (OMB) for clearance the with 19 CFR 351.305. Timely written SUPPLEMENTARY INFORMATION: On June following proposal for collection of notification of the return or destruction 21, 2006, the Department of Commerce information under the provisions of the of APO materials or conversion to (the Department) published the Paperwork Reduction Act (44 U.S.C. judicial protective order is hereby preliminary results of the administrative requested. Failure to comply with the Chapter 35). review of the antidumping duty order Agency: National Institute of regulations and the terms of an APO is on stainless steel sheet and strip in coils a sanctionable violation. Standards and Technology (NIST). from Mexico for the period July 1, 2004, Title: Fastener Quality Act We are issuing and publishing these through June 30, 2005. See Stainless Requirements. final results and this notice in Steel Sheet and Strip in Coils from Form Number(s): None. accordance with sections 751(a)(1) and Mexico; Preliminary Results of OMB Approval Number: 0693–0015. 777(i)(1) of the Act. Antidumping Duty Administrative Type of Review: Regular submission. Dated: August 21, 2006. Review, 71 FR 35618 (June 21, 2006). Burden Hours: 22. David M. Spooner, The current deadline for the final results Number of Respondents: 2. Assistant Secretary for Import of this review is October 19, 2006. Average Hours Per Response: 1.5 hours per accreditation body and 20 Administration. Extension of Time Limits for Final hours per petitioner. Appendix I.—Issues in Decision Results Needs and Uses: The National Memorandum Section 751(a)(3)(A) of the Tariff Act Institute of Standards and Technology Comment 1: Cost of Electricity of 1930, as amended (the Tariff Act), (NIST), a component of the Technology Comment 2: Calculation of Electricity requires the Department to issue the Administration reporting to the Under Cost final results of an administrative review Secretary for Technology, under the Comment 3: Date of Sale for Certain within 120 days after the date on which Fastener Quality Act (the Act) (Pub. L. Deliveries the preliminary results were published. 101–592 amended by Pub. L. 104–113, However, if it is not practicable to Pub. L. 105–234 and Pub. L. 106–34) is Comment 4: Inclusion of All POR complete the review within this time required to accept an affirmation from Deliveries in Margin Calculation period, section 751(a)(3)(A) of the Tariff laboratory accreditation bodies and Comment 5: Home Market Indirect Act allows the Department to extend the quality system registrar accreditation Selling Expense (ISE) Calculation time limit for the final results to 180 bodies that they meet International Comment 6: Application of the ISE days from the date of publication of the Standardization Organization/ Ratio preliminary results. International Electrotechnical Comment 7: Use of Facts Available for The Department finds that it is not Commission (ISO/IEC) 17011. An R&D Costs practicable to complete this review organization having made such an Comment 8: Calculation of CEP Profit within the original time frame due to a affirmation to NIST may accredit either Ratio number of significant case issues, fastener testing laboratories or quality Comment 9: Feedstock Values Used in including the calculation of parent system registrars for fastener Gross Unit Price company interest expenses and general manufacturers in accordance with the Comment 10: Rescission of Review and and administrative expenses. applicable provisions of the Fastener Liquidation of Entries without Furthermore, additional time is Quality Act. This information allows Assessment of Duties necessary for the Department to analyze NIST to compile a list of accreditation

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bodies able to provide accreditations Public Law 104–13 (44 U.S.C. Estimated Total Annual Respondent meeting all the requirements of the Act 3506(c)(2)(A)). Burden Hours: 2,338. and of the procedures, 15 CFR Part 280. DATES: Written comments must be Estimated Total Annual Respondent Section 10 of the Act requires NIST to submitted on or before November 6, Cost Burden: $0. accept petitions from persons 2006. IV. Request for Comments publishing a document setting forth guidance or requirements providing ADDRESSES: Direct all written comments Comments are invited on: (a) Whether equal or greater rigor and reliability to Diana Hynek, Departmental the proposed collection of information compared to ISO/IEC Guide 17025, ISO/ Paperwork Clearance Officer, is necessary for the proper performance IEC 17011 or ISO/IEC Guide 62. Department of Commerce, Room 6625, of the functions of the agency, including Petitions to consider a document as an 14th and Constitution Avenue, NW., whether the information will have alternative to one of the ISO/IEC Washington, DC 20230 (or via the practical utility; (b) the accuracy of the documents may be accepted by the Internet at [email protected]). agency’s estimate of the burden Director of NIST for use provided the FOR FURTHER INFORMATION CONTACT: (including hours and cost) of the document provides equal or greater Requests for additional information or proposed collection of information; (c) rigor and reliability as compared to the copies of the information collection ways to enhance the quality, utility, and ISO/IEC document. instruments and instructions should be clarity of the information to be Affected Public: Business or other for- directed to the attention of Vanda R. collected; and (d) ways to minimize the profit organizations. White, National Voluntary Laboratory burden of the collection of information Frequency: On occasion. Accreditation Program, National on respondents, e.g., the use of Respondent’s Obligation: Required to Institute of Standards and Technology, automated collection techniques or obtain or retain benefits. 100 Bureau Drive, Stop 2140, other forms of information technology. OMB Desk Officer: Jasmeet Seehra, Gaithersburg, MD 20899–2140; phone: Comments submitted in response to (202) 395–3123. (301) 975–3592; e-mail: this notice will be summarized or Copies of the above information [email protected]. included in the request for OMB collection proposal can be obtained by SUPPLEMENTARY INFORMATION approval of this information collection; calling or writing Diana Hynek, they also will become a matter of public Departmental Paperwork Clearance I. Abstract record. Officer, (202) 482–0266, Department of This information is collected from all Dated: August 29, 2006. Commerce, Room 6625, 14th and testing or calibration laboratories that Gwellnar Banks, Constitution Avenue, NW., Washington, apply for NVLAP accreditation. The Management Analyst, Office of the Chief DC 20230 (or via the Internet at applicants provide the minimum Information Officer. [email protected]). information necessary for NVLAP to [FR Doc. 06–7391 Filed 9–1–06; 8:45 am] Written comments and evaluate the competency of laboratories BILLING CODE 3510–13–P recommendations for the proposed to carry out specific tests or calibrations information collection should be sent or types of tests or calibrations. The within 30 days of publication of this application provides such information DEPARTMENT OF COMMERCE notice to Jasmeet Seehra, OMB Desk as name, address, phone and fax Officer, FAX number (202) 395–5806 or numbers, and contact person, and National Oceanic and Atmospheric [email protected]. selects the test methods or parameters Administration for which it is seeking accreditation. Dated: August 29, 2006. [I.D. 082906F] Gwellnar Banks, The application must be signed by the Management Analyst, Office of the Chief Authorized Representative of the Caribbean Fishery Management Information Officer. laboratory, who commits the laboratory Council; Public Meeting [FR Doc. 06–7390 Filed 9–1–06; 8:45 am] to comply with NVLAP’s accreditation requirements. The collection is AGENCY: National Marine Fisheries BILLING CODE 3510–13–P mandated by 15 CFR 285. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), II. Method of Collection DEPARTMENT OF COMMERCE Commerce. An application for accreditation is ACTION: Notice of a working group National Institute of Standards and provided to each new or renewal meeting Technology applicant laboratory and can be submitted to either electronically or by SUMMARY: The Caribbean Fishery Proposed Information Collection; mail. Management Council’s St. Croix Comment Request; National Voluntary exclusive economic zone (EEZ) Working III. Data Laboratory Accreditation Program Group will hold a meeting. (NVLAP) Information Collection OMB Number: 0693–0003. DATES: The St. Croix EEZ Working System Form Numbers: None. Group meeting will be held on October Type of Review: Regular submission. 10, 2006, from 6 p.m. to 10 p.m., ACTION: Notice. Affected Public: Business or other for- approximately. profit organizations; not-for-profit SUMMARY: The Department of Commerce institutions; and Federal, State or local ADDRESSES: The meeting will be held at (DOC), as part of its continuing effort to government. the Caravelle Hotel, 44A Queen Cross reduce paperwork and respondent Estimated Number of Respondents: St., Christiansted, St. Croix, USVI 00820 burden, invites the general public and 850. FOR FURTHER INFORMATION CONTACT: other Federal agencies to comment on Estimated Time Per Response: 3 hours Caribbean Fishery Management Council, the continuing and proposed to complete an application form; and 15 268 Munoz Rivera Avenue, Suite 1108, information collection, as required by minutes for renewal verification on a San Juan, Puerto Rico 00918, telephone: the Paperwork Reduction Act of 1995, preprinted form. (787) 766–5926.

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SUPPLEMENTARY INFORMATION: The St. FOR FURTHER INFORMATION CONTACT: Paul DEPARTMENT OF COMMERCE Croix EEZ Working Group will meet to J. Howard, Executive Director, New discuss the items contained in the England Fishery Management Council; National Oceanic and Atmospheric following agenda: telephone: (978) 465–0492. Administration 1. Adoption of Agenda 2. Sustainable Fisheries Act (SFA) SUPPLEMENTARY INFORMATION: The Announcement of South Slough Current Regulations EEZ off St. Croix— Committee will review the Monkfish National Estuarine Research Reserve Graciela Garcia-Moliner Plan Development Team’s (PDT) Revised Management Plan 3. USVI Current Fishery analysis of target total allowable catch AGENCY: Estuarine Reserves Division, Regulations—William Tobias (TAC) alternatives and associated trip Office of Ocean and Coastal Resource 4. Buck Island Reef National limits and days-at-sea (DAS) alternatives Management, National Ocean Service, Monument Presentation—Joel Tutein for consideration in Framework 5. Other Business National Oceanic and Atmospheric Adjustment 4. The Committee may Administration, U.S. Department of Special Accommodations propose eliminating some alternatives Commerce. but will withhold making final The meeting is physically accessible ACTION: Notice of approval and to people with disabilities. For more recommendations until the next availability of the final revised information or request for sign language meeting, which will be held following management plan for the South Slough interpretation and/other auxiliary aids, an Advisory Panel meeting and prior to National Estuarine Research Reserve. please contact Mr. Miguel A. Rolon, the November 6–8 New England Executive Director, Caribbean Fishery Council meeting. The Committee will SUMMARY: Notice is hereby given that Management Council, 268 Munoz also review and complete development the Estuarine Reserves Division, Office Rivera Avenue, Suite 1108, San Juan, of other alternatives proposed for of Ocean and Coastal Resource Puerto Rico 00918, telephone: (787) consideration in Framework Adjustment Management, National Ocean Service, 766–5926, at least 5 days prior to the 4, including, but not limited to: National Oceanic and Atmospheric meeting date. eliminating the directed fishery; Administration (NOAA), U.S. Dated: August 30, 2006. requiring vessels to install vessel Department of Commerce has approved Tracey L. Thompson, monitoring systems (VMS) and to use the revised management plan for the South Slough National Estuarine Acting Director, Office of Sustainable the VMS to report daily catch Fisheries, National Marine Fisheries Service. information; backstop provisions to Research Reserve (Reserve). The Reserve was designated in 1974 [FR Doc. E6–14614 Filed 9–01–06; 8:45 am] ensure that management measures pursuant to Section 315 of the Coastal BILLING CODE 3510–22–S achieve the target TACs on an ongoing basis; modification or elimination of the Zone Management Act of 1972, as DAS carryover provision; and amended, 16 U.S.C. 1461 and has been DEPARTMENT OF COMMERCE modification of the boundary of the operating under the management plan revised in 1994. Pursuant to 15 CFR North Carolina/Virginia area monkfish Section 921.33(c), a state must revise National Oceanic and Atmospheric fishery. Administration their management plan every five years. Although non-emergency issues not The submission of this plan fulfills this [I.D. 082906E] contained in this agenda may come requirement for the period from 2006– New England Fishery Management before this group for discussion, those 2011 and sets a course for successful Council; Public Meeting issues may not be the subject of formal implementation of the goals and action during this meeting. Action will objectives of the reserve. AGENCY: National Marine Fisheries be restricted to those issues specifically The mission of the South Slough Service (NMFS), National Oceanic and listed in this notice and any issues reserve management plan is to improve Atmospheric Administration (NOAA), arising after publication of this notice the understanding and stewardship of Commerce. that require emergency action under Pacific Northwest estuaries and coastal ACTION: Notice of a public meeting. section 305(c) of the Magnuson-Stevens watersheds through site-based estuarine Act, provided the public has been research, stewardship and education. SUMMARY: The New England Fishery notified of the Council’s intent to take The management plan identifies nine Management Council (Council) is final action to address the emergency. priority management issues that are scheduling a public meeting of its addressed through reserve programs. Monkfish Oversight Committee in Special Accommodations These priority issues are (1) invasive September, 2006 to consider actions species, (2) water pollution, (3) This meeting is physically accessible affecting New England fisheries in the threatened and endangered species, (4) to people with disabilities. Requests for exclusive economic zone (EEZ). commercial oyster cultivation, (5) sign language interpretation or other Recommendations from this group will vegetation and sediment management, be brought to the full Council for formal auxiliary aids should be directed to Paul (6) forest management and fire, (7) consideration and action, if appropriate. J. Howard, Executive Director, at (978) harvests of secondary forest products, DATES: The meeting will be held on 465–0492, at least 5 days prior to the (8) disaster prevention and response, Monday, September 18, 2006, at 9:30 meeting date. and (9) archeological artifacts and a.m. Authority: 16 U.S.C. 1801 et seq. historic structures. South Slough reserve’s management plan addresses ADDRESSES: The meeting will be held at Dated: August 30, 2006. the Hilton Garden Inn, One Thurber these issues with specific programs for Street, Warwick, RI 02886; telephone: Tracey L. Thompson, resource management and protection, (401) 734–9600; fax: (401) 734–9700. Acting Director, Office of Sustainable research and monitoring, education and Council address: New England Fisheries, National Marine Fisheries Service. training, public access and visitor use, Fishery Management Council, 50 Water [FR Doc. E6–14613 Filed 9–1–06; 8:45 am] program administration, and Street, Mill 2, Newburyport, MA 01950. BILLING CODE 3510–22–S partnerships and regional coordination.

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The plan identifies management technologies. Visitor use policies are Title: Procurement Contracts, OMB goals, priority resource management designed to provide for compatible use Control No. 3038–0031. This is a request issues or threats that these goals must and protection of valuable natural for extension of a currently approved address, and specific strategies to resources. information collection. accomplish these goals. The resource The administration program ensures Abstract: This information collection management and protection program the staffing and budget is adequate to consists of procurement activities addresses issues such as developing a carry out the goals and objectives of the relating to solicitations, amendment to systematic process to assess ecological plan. Situated within its parent agency, solicitations, requests for quotations, health of the reserve, implementing Oregon Department of State Lands, the construction contracts, awards of resource management strategies, administrative staff develops stable contracts, performance bonds, and developing land use policies on the funding and grant match opportunities payment information for individuals reserve, implementing the reserve and manages grants and cooperative (vendors) or contractors engaged in Cooperative Plan for Watershed agreements effectively and efficiently. providing supplies or services. Conservation, assisting with the revision Priorities include developing a An agency may not conduct or of the trail master plan, enhancing the volunteer program, a communication sponsor, and a person is not required to application of GIS to stewardship plan, a plan to enhance information and respond to, a collection of information priorities, improving restoration communication technology, evaluating unless it displays a currently valid OMB monitoring capacity, and enhancing the need to revise the reserve’s control number. The OMB control community involvement in coastal Administrative Rules, and developing numbers for the CFTC’s regulations stewardship. facility use policies. were published on December 30, 1981. The research and monitoring program FOR FURTHER INFORMATION CONTACT: See 46 FR 63035 (Dec. 30, 1981). The supports research focused on estuarine Nina Garfield at (301) 563–1171 or Kate Federal Register notice with a 60-day ecology and assessments of functional Barba, Acting Chief, Estuarine Reserves comment period soliciting comments on biotic diversity, investigation of links Division at (301) 563–1182 of NOAA’s this collection of information was between land-margin ecosystem National Ocean Service, Estuarine published on June 26, 2006 (71 FR elements, and evaluation of the effects Reserves Division, 1305 East-West 36328). of human disturbance within estuaries. Highway, N/ORM5, 10th floor, Silver Burden statement: The respondent Staff, graduate students, and visiting Spring, MD 20910. burden for this collection is estimated to researchers conduct monitoring and average 2 hours per response. This research within the watersheds and Dated: August 29, 2005. estimate includes the time needed to boundaries of the reserve and use GIS to David M. Kennedy, review instructions, develop, acquire, map critical habitats and hydrology and Director, Office of Ocean and Coastal install, and utilize technology and hydrodynamic processes. Resource Management, National Oceanic and systems for the purposes of collecting, The education and training program Atmospheric Administration. validating, and verifying information, at the reserve targets audiences of all [FR Doc. E6–14603 Filed 9–1–06; 8:45 am] processing and maintaining information ages and backgrounds for traditional, BILLING CODE 3510–22–P and disclosing and providing experiential, training and outreach information; adjust the existing ways to opportunities. The education program is comply with any previously applicable also upgrading and expanding the instructions and requirements; train Reserve’s exhibitry to better interpret COMMODITY FUTURES TRADING COMMISSION personnel to be able to respond to a scientific data collected by the research collection of information; and transmit program, enhancing methods to engage or otherwise disclose the information. middle and high school audiences, Agency Information Collection Activities Under OMB Review Respondents/Affected Entities: 182. evaluate program offerings, implement a Estimated number of responses: 182. school-to-work educational experience, AGENCY: Commodity Futures Trading Estimated total annual burden on update information for visitors, and Commission. respondents: 364 hours. enhance program participation. ACTION: Frequency of collection: annually. The coastal Training Program will Notice; Information collection 3038–0031, Procurement Contracts. Send comments regarding the burden focus on identifying the needs of coastal estimated or any other aspect of the decision makers (CDM’s), conducting SUMMARY: In compliance with the information collection, including training workshops for CDM’s, testing Paperwork Reduction Act (44 U.S.C. suggestions for reducing the burden, to and adapting an Inquiry-Based 3501 et seq.), this notice announces that the addresses listed below. Please refer Information Services model to identify the Information Collection Request (ICR) to OMB Control No. 3038–0031 in any information gaps and develop abstracted below has been forwarded to correspondence. demonstration projects, conducting the Office of Management and Budget Steven A. Grossman, Commodity evaluations to measure the effectiveness (OMB) for review and comment. The Futures Trading Commission, 1155 21st of training and outreach programs, and ICR describes the nature of the Street, NW., Washington, DC 20581 and developing an internet-based training information collection and its expected Office of Information and Regulatory and information program for CDM’s. costs and burden; it includes the actual Affairs, Office of Management and The public access and facilities data collection instruments [if any]. Budget, Attention: Desk Office for priorities at the reserve includes DATES: Comments must be submitted on CFTC, 725 17th Street, Washington, DC assessing opportunities to enhance 20503. access to the southern end of the or before October 5, 2006. reserve, establishing a visitor center/ FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC on August 29, office in Charleston, revising the Steven A. Grossman at CFTC, (202) 418– 2006. facilities master plan, establishing a 5192; fax: (202) 418–5529; e-mail: Eileen A. Donovan, facilities maintenance and replacement [email protected] and refer to OMB Acting Secretary of the Commission. schedule, and reducing operations costs Control No. 3038–0031. [FR Doc. 06–7408 Filed 9–1–06; 8:45am] through innovative energy oriented SUPPLEMENTARY INFORMATION: BILLING CODE 6351–01–M

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CORPORATION FOR NATIONAL AND on those who are to respond, including FOR FURTHER INFORMATION CONTACT: Ms. COMMUNITY SERVICE the use of appropriate automated, Theresa Lowery at (202) 231–1193. electronic, mechanical, or other SUPPLEMENTARY INFORMATION: The Proposed Information Collection; technological collection techniques or Defense Intelligence Agency systems of Comment Request other forms of information technology, records notices subject to the Privacy e.g., permitting electronic submission of AGENCY: Corporation for National and Act of 1974 (5 U.S.C. 552a), as amended, Community Service. responses. have been published in the Federal Type of Review: Regular. ACTION: Notice. Register and are available from the Agency: Corporation for National and address above. SUMMARY: The Corporation for National Community Service. The proposed system report, as and Community Service (hereinafter the Title: Voluntary Online Registration of required by 5 U.S.C. 552a(r) of the ‘‘Corporation’’), has submitted a public Martin Luther King, Jr., Day of Service Privacy Act of 1974, as amended, was information collection request (ICR) to Projects. submitted on August 22, 2006, to the the Office of Management and Budget OMB Number: None. House Committee on Government (OMB) for review and approval in Agency Number: None. Reform, the Senate Committee on accordance with the Paperwork Affected Public: Organizations Homeland Security and Governmental Reduction Act of 1995, Pub. L. 104–13, operating Martin Luther King, Jr., Day of Affairs, and the Office of Management (44 U.S.C. Chapter 35). Copies of this Service projects. and Budget (OMB) pursuant to ICR, with applicable supporting Total Respondents: 1,000. paragraph 4c of Appendix I to OMB documentation, may be obtained by Frequency: Annual. Circular No. A–130, ‘Federal Agency calling the Corporation for National and Average Time per Response: 20 Responsibilities for Maintaining Community Service, Mr. David Premo, minutes. Records About Individuals,’ dated at (202) 606–6717, ([email protected]); Estimated Total Burden Hours: 333 February 8, 1996 (February 20, 1996, 61 (TTY/TDD) at (202) 606–5256 between hours. FR 6427). Total Burden Cost (capital/startup): the hours of 9 a.m. and 4 p.m. Eastern Dated: August 29, 2006. Daylight Time, Monday through Friday. None. C.R. Choate, ADDRESSES: Comments may be Total Burden Cost (operating/ maintenance): None. Alternate OSD Federal Register Liaison submitted, identified by the title of the Officer, Department of Defense. information collection activity, to the Comments submitted in response to Office of Information and Regulatory this notice will be summarized and/or LDIA 06–0004 Affairs, Attn: Ms. Katherine Astrich, included in the request for Office of SYSTEM NAME: OMB Desk Officer for the Corporation Management and Budget approval of the for National and Community Service, by information collection request; they will Recall Roster. also become a matter of public record. any of the following two methods SYSTEM LOCATION: within 30 days from the date of Dated: August 25, 2006. DIA organizational elements and publication in this Federal Register. Sandy Scott, offices. (1) By fax to: (202) 395–6974, Director, Office of Public Affairs. Attention: Ms. Katherine Astrich, OMB [FR Doc. E6–14611 Filed 9–1–06; 8:45 am] CATEGORIES OF INDIVIDUALS COVERED BY THE Desk Officer for the Corporation for BILLING CODE 6050–$$–P SYSTEM: National and Community Service; and Civilian employees, military (2) Electronically by e-mail to: personnel, and contractors employed, [email protected]. assigned, or detailed to the Defense The initial 60-day Federal Register DEPARTMENT OF DEFENSE Intelligence Agency. Notice for the voluntary online Office of the Secretary registration of Martin Luther King, Jr., CATEGORIES OF RECORDS IN THE SYSTEM: projects was published on June 20, [DOD–2006–OS–0193] Individual’s name, organizational and 2006. This comment period ended on home addresses, work/home/cellular Defense Intelligence Agency; Privacy August 19, 2006; no comments were telephone/pager numbers, home e-mail Act of 1974; System of Records received. account, emergency contact SUPPLEMENTARY INFORMATION: The OMB AGENCY: Defense Intelligence Agency. information, contact listing files, is particularly interested in comments ACTION: Notice to add a system of organizational telephone directories, which: records. and listing of office personnel. • Evaluate whether the proposed AUTHORITY FOR MAINTENANCE OF THE SYSTEM: collection of information is necessary SUMMARY: The Defense Intelligence for the proper performance of the Agency is proposing to add a system of 5 U.S.C. 301, Departmental functions of the Corporation, including records to its existing inventory of Regulations, DoD Directive 3020.26 whether the information will have records systems subject to the Privacy Continuity of Operations Policy and practical utility; Act of 1974, (5 U.S.C. 552a), as Planning and DIA Regulations 50–19 • Evaluate the accuracy of the amended. Terrorism Emergency Action Corporation’s estimate of the burden of Procedures. DIA Chief of Staff Memo, the proposed collection of information, DATES: The proposed action will be U–1950/CS Emergency Notification including the validity of the effective on October 5, 2006 unless System. methodology and assumptions used; comments are received that would • Propose ways to enhance the result in a contrary determination. PURPOSE(S): quality, utility and clarity of the ADDRESSES: Freedom of Information To enable the DIA to recall personnel information to be collected; and Office, Defense Intelligence Agency to their place of duty, for use in • Propose ways to minimize the (DAN–1A), 200 MacDill Blvd., emergency notifications, and to perform burden of the collection of information Washington, DC 20340–5100. relevant functions/requirements/actions

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consistent with managerial functions Individuals should provide their full SUMMARY: The Environmental Protection during an emergency. name, current address, and telephone Agency (EPA) intends to transfer number. confidential business information (CBI) ROUTINE USES OF RECORDS MAINTAINED IN THE collected from airport deicing SYSTEM, INCLUDING CATEGORIES OF USERS AND CONTESTING RECORD PROCEDURES: operations to SciMetrika. Transfer of the THE PURPOSES OF SUCH USES: DIA’s rules for accessing records, for information will allow the contractor to In addition to those disclosures contesting contents and appealing support EPA in the planning, generally permitted under 5 U.S.C. initial agency determinations are development, and review of effluent 552a(b) of the Privacy Act, these records published in DIA Regulation 12–12 limitations guidelines and standards for or information contained therein may ‘‘Defense Intelligence Agency Privacy the airport deicing point source specifically be disclosed outside the Program’’; 32 CFR part 319—Defense category. The information being DoD as a routine use pursuant to 5 Intelligence Agency Privacy Program; or transferred was or will be collected from U.S.C. 552a(b)(3) as follows: may be obtained from the system airports and airlines under the authority The ‘Blanket Routine Uses’ set forth at manager. of section 308 of the Clean Water Act the beginning of DIA’s compilation of (CWA). Interested persons may submit systems of records notices apply to this RECORD SOURCE CATEGORIES: Subject individuals. comments on this intended transfer of system. information to the address noted below. POLICIES AND PRACTICES FOR STORING, EXEMPTIONS CLAIMED FOR THE SYSTEM: DATES: Comments on the transfer of data RETRIEVING, ACCESSING, RETAINING, AND None. are due September 11, 2006. DISPOSING OF RECORDS IN THE SYSTEM: [FR Doc. E6–14626 Filed 9–1–06; 8:45 am] ADDRESSES: Comments may be sent to STORAGE: BILLING CODE 5001–06–P Mr. M. Ahmar Siddiqui, Document Paper and electronic. Control Officer, Engineering and Analysis Division (4303T), Room 6231S RETRIEVABILITY: ELECTION ASSISTANCE COMMISSION EPA West, U.S. EPA, 1200 Pennsylvania By last name of the individual. Ave., NW., Washington, DC 20460. Sunshine Act Notice FOR FURTHER INFORMATION CONTACT: Mr. SAFEGUARDS: AGENCY: United States Election M. Ahmar Siddiqui, Document Control Records are electronically stored on Assistance Commission. Officer, at (202) 566–1044, or via e-mail local hard drives on classified work at [email protected]. ACTION: Notice of Public Meeting. stations and in paper form at each SUPPLEMENTARY INFORMATION: EPA has location. Paper copies are marked with DATE AND TIME: Thursday, September 21, transferred CBI to various contractors appropriate handling instructions and 2006, 9:30 a.m.–3:30 p.m. (CDT). and subcontractors over the history of will be kept in locked cabinets/drawers the effluent guidelines program. EPA when not in use. Removal of paper PLACE: University of Missouri—St. Louis, Millennium Center, One determined that this transfer was copies outside DoD control is necessary to enable the contractors and authorized but must be safeguarded University Boulevard, St. Louis, MO 63121–4400, (314) 516–5000. subcontractors to perform their work in when not in use. supporting EPA in planning, AGENDA: The Commission will receive developing, and reviewing effluent RETENTION AND DISPOSAL: presentations on the following topics: guidelines and standards for certain Temporary–Destroy when the voter information access portals and industries. employee/military member/contractor military and overseas voting. The Today, EPA is giving notice that it has departs or is reassigned from DIA. Commission will consider other entered into a contract with SciMetrika, administrative matters. contract number EP–C–06–075, located SYSTEM MANAGER(S) AND ADDRESS: This meeting will be open to the in Research Triangle Park, North DIA Privacy Official, Defense public. Intelligence Agency (DAN–1C), 200 Carolina. The purpose of this contract is PERSON TO CONTACT FOR INFORMATION: to secure statistical analysis support for MacDill Blvd, Washington, DC 20340– Bryan Whitener, Telephone: (202) 566– 5100. EPA in its development, review, 3100. implementation, and defense of water- NOTIFICATION PROCEDURE: Thomas R. Wilkey, related initiatives for the airport deicing Individuals seeking to determine Executive Director, U.S. Election Assistance point source category. whether information about themselves Commission. All EPA contractor, subcontractor, is contained in this system of records [FR Doc. 06–7448 Filed 8–31–06; 12:55 pm] and consultant personnel are bound by the requirements and sanctions should address written inquiries to the BILLING CODE 6820–KF–M DIA Privacy Office (DAN–1C), Defense contained in their contracts with EPA Intelligence Agency, 200 MacDill Blvd., and in EPA’s confidentiality regulations found at 40 CFR Part 2, Subpart B. Washington DC 20340–5100. ENVIRONMENTAL PROTECTION SciMetrika will adhere to EPA-approved Individuals should provide their full AGENCY name, current address, and telephone security plans which describe number. [FRL–8216–8] procedures to protect CBI. SciMetrika will apply the procedures in these plans RECORD ACCESS PROCEDURES: Clean Water Act; Contractor Access to to CBI previously gathered by EPA and Individuals seeking access to Confidential Business Information to CBI that may be gathered in the future information about themselves contained AGENCY: Environmental Protection for the airport deicing point source in this system of records should address Agency (EPA). category. The security plans specify that written inquiries to the DIA Privacy contractor personnel are required to sign ACTION: Notice of Intended Transfer of Official, Defense Intelligence Agency non-disclosure agreements and are Confidential Business Information to (DAN–1C), 200 MacDill Blvd., briefed on appropriate security Contractor. Washington, DC 20340–5100. procedures before they are permitted

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access to CBI. No person is relevant written or oral comments is and included as part of the comment automatically granted access to CBI: a provided in Unit I.D. of this notice. that is placed in the public docket and need to know must exist. FOR FURTHER INFORMATION CONTACT: made available on the Internet. If you The information that will be Members of the public who wish to submit an electronic comment, EPA transferred to SciMetrika consists of obtain the call-in number and access recommends that you include your information previously collected by code to participate in the telephone name and other contact information in EPA to support the development and conference, request a current draft copy the body of your comment and with any review of effluent limitations guidelines of the Board’s report or who wish disk or CD-ROM you submit. If EPA and standards under the CWA for the further information may contact Maria cannot read your comment due to airport deicing point source category. Szilagyi, Designated Federal Officer technical difficulties and cannot contact EPA also intends to transfer to (DFO), EPA, Office of the Science you for clarification, EPA may not be SciMetrika all information listed in this Advisor, (8105), Environmental able to consider your comment. notice, of the type described above Protection Agency, 1200 Pennsylvania Electronic files should avoid the use of (including CBI) that may be collected in Avenue, NW., Washington, DC 20460; special characters, any form of the future under the authority of section or via telephone/voice mail at (202)564– encryption, and be free of any defects or 308 of the CWA or voluntarily 8609 or via e-mail at viruses. submitted (e.g., in comments in [email protected]. General I. Public Meeting response to a Federal Register notice), information concerning the EPA HSRB as is necessary to enable SciMetrika to can be on the EPA Web site at http:// A. Does this Action Apply to Me? carry out the work required by its www.epa.gov/osa/hsrb/. This action is directed to the public contract to support EPA’s development ADDRESSES: Submit your written in general. This action may, however, be of effluent limitations guidelines and comments, identified by Docket ID No. of interest to persons who conduct or standards for the airport deicing point EPA–HQ–ORD–2006–0384, by one of assess human studies on substances source category. the following methods: http:// regulated by EPA or to persons who are Dated: August 21, 2006. www.regulations.gov: Follow the on-line or may be required to conduct testing of Ephraim S. King, instructions for submitting comments. chemical substances under the Federal Director, Office of Science and Technology. E-mail: [email protected]. Food, Drug, and Cosmetic Act (FFDCA) [FR Doc. E6–14643 Filed 9–1–06; 8:45 am] Mail: ORD Docket, Environmental or the Federal Insecticide, Fungicide, BILLING CODE 6560–50–P Protection Agency, Mailcode: 28221T, and Rodenticide Act (FIFRA). Since 1200 Pennsylvania Ave., NW., other entities may also be interested, the Washington, DC 20460. Agency has not attempted to describe all ENVIRONMENTAL PROTECTION Hand Delivery: EPA Docket Center the specific entities that may be affected AGENCY (EPA/DC), Public Reading Room, by this action. If you have any questions Infoterra Room (Room Number 3334), regarding the applicability of this action [EPA–HQ–ORD–2006–0384; FRL–8216–9] EPA West Building, 1301 Constitution to a particular entity, consult the person Human Studies Review Board (HSRB); Avenue, NW., Washington, DC 20460, listed under FOR FURTHER INFORMATION Notification of a Public Teleconference Attention Docket ID No. EPA–ORD– CONTACT. 2006–0384. Deliveries are only accepted To Review Its Draft Report from the B. How Can I Access Electronic Copies June 27–30, 2006 HSRB Meeting from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal of this Document and Other Related AGENCY: Environmental Protection holidays. Special arrangements should Information? Agency (EPA). be made for deliveries of boxed In addition to using regulations.gov, ACTION: Notice. information. you may access this Federal Register Instructions: Direct your comments to document electronically through the SUMMARY: The EPA Human Studies Docket ID No. EPA–HQ–ORD–2006– EPA Internet under the ‘‘Federal Review Board (HSRB) announces a 0384. EPA’s policy is that all comments Register’’ listings at http:// public teleconference meeting to discuss received will be included in the public www.epa.gov/fedrgstr/. its draft HSRB report from the June 27– docket without change and may be Docket: All documents in the docket 30, 2006 HSRB meeting. made available online at http:// are listed in the http:// DATES: The teleconference will be held www.regulations.gov, including any www.regulations.gov index. Although on September 26, 2006, from 1–4 p.m. personal information provided, unless listed in the index, some information is (Eastern Time). the comment includes information not publicly available, e.g., CBI or other Location: The meeting will take place claimed to be Confidential Business information whose disclosure is via telephone only. Information (CBI) or other information restricted by statute. Certain other Meeting Access: For information on whose disclosure is restricted by statute. material, such as copyrighted material, access or services for individuals with Do not submit information that you will be publicly available only in hard disabilities, please contact the DFO at consider to be CBI or otherwise copy. Publicly available docket least 10 business days prior to the protected through http:// materials are available either meeting using the information under www.regulations.gov or e-mail. The electronically in http:// FOR FURTHER INFORMATION CONTACT, so http://www.regulations.gov Web site is www.regulations.gov or in hard copy at that appropriate arrangements can be an ‘‘anonymous access’’ system, which the ORD Docket, EPA/DC, Public made. means EPA will not know your identity Reading Room, Infoterra Room (Room Procedures for Providing Public Input: or contact information unless you Number 3334), 1301 Constitution Ave., Interested members of the public may provide it in the body of your comment. NW., Washington, DC. The Public submit relevant written or oral If you send an e-mail comment directly Reading Room is open from 8:30 a.m. to comments for the HSRB to consider to EPA, without going through http:// 4:30 p.m., Monday through Friday, during the advisory process. Additional www.regulations.gov, your e-mail excluding legal holidays. The telephone information concerning submission of address will be automatically captured number for the Public Reading Room is

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(202) 566–1744, and the telephone comments before the HSRB are limited ENVIRONMENTAL PROTECTION number for the ORD Docket is (202) to 5 minutes per individual or AGENCY 566–1752. organization. Please note that this [EPA–HQ–OPPT–2006–0494; FRL–8075–3] The June 27–30, 2006 HSRB meeting includes all individuals appearing draft report is now available. You may either as part of, or on behalf of an Lead-Based Paint Activities; State of obtain electronic copies of this organization. While it is our intent to Hawaii Lead-Based Paint Program document, and certain other related hear a full range of oral comments on AGENCY: Environmental Protection documents that might be available the science and ethics issues under Agency (EPA). electronically, from the regulations.gov discussion, it is not our intent to permit ACTION: Web site and the HSRB Internet Home organizations to expand these time Notice; requests for comments Page at http://www.epa.gov/osa/hsrb/. and opportunity for public hearing. limitations by having numerous For questions on document availability individuals sign up separately to speak or if you do not have access to the SUMMARY: On November 17, 2005, EPA Internet, consult the person listed under on their behalf. If additional time is received an application from the State of available, there may be flexibility in FOR FURTHER INFORMATION CONTACT. Hawaii requesting authorization to time for public comments. administer a program in accordance C. What Should I Consider as I Prepare 2. Written comments. Although you with section 402 of the Toxic My Comments for EPA? may submit written comments at any Substances Control Act (TSCA). Included in the application was a letter You may find the following time, for the HSRB to have the best signed by Hawaii’s Attorney General suggestions helpful for preparing your opportunity to review and consider your stating that the State’s Lead-Based Paint comments: comments as it deliberates on its report, 1. Explain your views as clearly as Abatement Program is at least as you should submit your comments at protective of human health and the possible. least 5 business days prior to the 2. Describe any assumptions that you environment as the Federal program beginning of this teleconference. If you used. under TSCA section 402. Also included 3. Provide copies of any technical submit comments after this date, those in the letter from the Attorney General information and/or data you used that comments will be provided to the Board of Hawaii is the certification that the support your views. members, but you should recognize that laws and regulations of the State of 4. Provide specific examples to the Board members may not have Hawaii provide adequate legal authority illustrate your concerns. adequate time to consider those to administer and enforce TSCA section 5. To ensure proper receipt by EPA, comments prior to making a decision. 402. The application was followed by a be sure to identify the docket ID number Thus, if you plan to submit written transmittal letter of February 8, 2006, assigned to this action in the subject comments, the Agency strongly from the Governor of the State of Hawaii line on the first page of your response. encourages you to submit such requesting program approval. Hawaii You may also provide the name, date, comments no later than noon, Eastern certifies that its program meets the and Federal Register citation. Time, September 19, 2006. You should requirements for approval of a State submit your comments using the program under TSCA section 404 and D. How May I Participate in this that Hawaii has the legal authority and Meeting? instructions in Unit 1.C. of this notice. In addition, the Agency also requests ability to implement the appropriate You may participate in this meeting elements necessary to enforce the that person(s) submitting comments by following the instructions in this program. Therefore, pursuant to TSCA directly to the docket also provide a section. To ensure proper receipt by section 404, the program is deemed EPA, it is imperative that you identify copy of their comments to the DFO authorized as of the date of submission. docket ID number EPA–HQ–ORD–2006– listed under FOR FURTHER INFORMATION If EPA finds that the program does not 0384 in the subject line on the first page CONTACT. There is no limit on the length meet the requirements for approval of a of your request. of written comments for consideration State program, EPA will disapprove the 1. Oral comments. Requests to present by the HSRB. program, at which time a notice will be oral comments will be accepted up to E. Background issued in the Federal Register and the September 19, 2006. To the extent that Federal program will be established. time permits, interested persons who The EPA Human Studies Review This notice announces the receipt of have not pre-registered may be Board will be reviewing its draft report Hawaii’s application, provides a 45–day permitted by the Chair of the HSRB to from the June 27–30, 2006 HSRB public comment period, and an present oral comments at the meeting. meeting. Background on the June 27–30, opportunity to request a public hearing Each individual or group wishing to 2006 HSRB meeting can be found at on the application. make brief oral comments to the HSRB Federal Register 71 108, 32536 (June 6, DATES: Comments on the application is strongly advised to submit their 2006) and at the HSRB Web site http:// must be received on or before October request (preferably via e-mail) to the www.epa.gov/osa/hsrb/ Finally, the 20, 2006. FOR FURTHER DFO listed under Board may discuss planning for future ADDRESSES: Submit all written INFORMATION CONTACT no later than HSRB meetings. comments and/or requests for a public noon, eastern time, September 19, 2006, hearing identified by docket in order to be included on the meeting Dated: August 30, 2006. identification (ID) numberEPA–HQ– agenda and to provide sufficient time William H. Farland, OPPT–2006–0494, by one of the for the HSRB Chair and HSRB DFO to Acting EPA Science Advisor. following methods: review the meeting agenda to provide an [FR Doc. E6–14644 Filed 9–1–06; 8:45 am] • Federal eRulemaking Portal:http:// appropriate public comment period. BILLING CODE 6560–50–P www.regulations.gov. Follow the on-line The request should identify the name of instructions for submitting comments. the individual making the presentation • Fax: (415) 947–3583. and the organization (if any) the • Mail: Nancy Oien, Regional Lead individual will represent. Oral Coordinator, Environmental Protection

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Agency, Region IX, CED-4, 75 Monday through Friday, excluding legal EPA approval, a State or Tribe must Hawthorne St., San Francisco, CA holidays. The docket facility telephone demonstrate that its program is at least 94105–3901. number is (415) 947–4406. as protective of human health and the • Delivery: Environmental Protection FOR FURTHER INFORMATION CONTACT: environment as the Federal program, Agency, Region IX, CED-4, 75 Nancy Oien, Regional Lead Coordinator, and provides for adequate enforcement Hawthorne St., San Francisco, CA Region IX, CED-4, 75 Hawthorne St., (section 404(b) of TSCA, 15 U.S.C. 94105–3901. San Francisco, CA 94105–3901; 2684(b)). EPA’s regulations (40 CFR part Instructions: Direct your comments to telephone: (415) 972–3780; e-mail 745, subpart Q) provide the detailed Docket ID number EPA–HQ–OPPT– address: [email protected]. requirements a State or Tribal program 2006–0494. EPA’s policy is that all SUPPLEMENTARY INFORMATION: must meet in order to obtain EPA comments received will be included in authorization. the public docket without change and I. General A State may choose to certify that its may be made available on-line athttp:// A. Does this Action Apply to Me? lead-based paint activities program www.regulations.gov, including any meets the requirements for EPA personal information provided, unless This notice is directed to the public authorization by submitting a letter the comment includes information in general. This notice may, however, be signed by the Governor or the Attorney claimed to be Confidential Business of interest to firms and individuals General stating that the program meets Information (CBI) or other information engaged in lead-based paint activities in the requirements of section 404(b) of whose disclosure is restricted by statute. Hawaii. Since other entities may also be TSCA. Upon submission of such Do not submit information that you interested, the Agency has not certification letter, the program is consider to be CBI or otherwise attempted to describe all the specific deemed authorized until such time as protected through regulations.gov or e- entities that may be affected by the EPA disapproves the program mail. The regulations.gov Web site is an notice. If you have any questions application or withdraws the ‘‘anonymous access’’ system, which regarding the applicability of this notice application. means EPA will not know your identity to a particular entity, consult the person Section 404(b) of TSCA provides that or contact information unless you listed under FOR FURTHER INFORMATION EPA may approve a program application provide it in the body of your comment. CONTACT. only after providing notice and an If you send an e-mail comment directly opportunity for a public hearing on the B. What is the Agency’s Authority for to EPA without going application. Therefore, by this notice Taking this Action? throughregulations.gov, your e-mail EPA is soliciting public comment on address will be automatically captured On October 28, 1992, the Housing and whether Hawaii’s application meets the and included as part of the comment Community Development Act of 1992, requirements for EPA approval. This that is placed in the public docket and Public Law 102–550, became law. Title notice also provides an opportunity to made available on the Internet. If you X of that statute was the Residential request a public hearing on the submit an electronic comment, EPA Lead-Based Paint Hazard Reduction Act application. If EPA finds that the recommends that you include your of 1992. The Act amended TSCA (15 program does not meet the requirements name and other contact information in U.S.C. 2601 et seq.) by adding Title IV for authorization of a state program, the body of the comment and with any (15 U.S.C. 2681–2692), titled ‘‘Lead EPA will disapprove the program disk or CD ROM you submit. If EPA Exposure Reduction.’’ application, at which time a notice will cannot read your comment due to Section 402 of TSCA (15 U.S.C. 2682) be issued in the Federal Register and technical difficulties and cannot contact authorizes and directs EPA to the Federal program will be established you for clarification, EPA may not be promulgate final regulations governing in Hawaii. able to consider your comment. lead-based paint activities in target II. State Program Description Summary Electronic files should avoid the use of housing, public and commercial special characters, any form of buildings, bridges, and other structures. This summary is provided in encryption, and be free of any defects or On August 29, 1996 (61 FR 45777) accordance with 40 CFR 745.324(a)(4). viruses. For additional information (FRL–5389–9), EPA promulgated final The applicant has provided the about EPA’s public docket, visit the EPA TSCA section 402/404 regulations following summary of their lead Docket Center homepage athttp:// governing lead-based paint activities in program. On September 19, 2005, www.epa.gov/epahome/dockets.htm. target housing and child-occupied Hawaii’s Department of Health (HDH) Comments, data, and requests for a facilities (a subset of public buildings). adopted Title 11, Chapter 11-41, Hawaii public hearing may also be submitted These regulations are to ensure that Administrative Rules titled ‘‘Lead-Based electronically to: [email protected]. individuals engaged in such activities Paint Activities’’ pursuant to Hawaii Docket: All documents in the docket are properly trained, that training statutes in Chapters 91 and 92 and are listed in thedocket index. Although programs are accredited, and that Hawaii’s revised statute in section 321– listed in the index, some information is individuals engaged in these activities 11. These changes authorized Hawaii’s not publicly available, e.g., CBI or other are certified and follow documented Department of Health to adopt and information whose disclosure is work practice standards. Under TSCA enforce requirements equivalent to the restricted by statute. Certain other section 404 (15 U.S.C. 2684), a State or requirements of 40 CFR part 745, material, such as copyrighted material, Indian Tribe may seek authorization subpart L, into Hawaii’s Administrative will be publicly available only in hard from EPA to administer and enforce its Rules in accordance with Hawaii’s copy. Publicly available docket own lead-based paint activities program. Revised Statutes, Title 19, Chapter 342P. materials are available either States and Tribes that choose to apply Public hearings were held on April electronically athttp:// for program authorization must submit 22, 2004, Hilo, Island of Hawaii; April www.regulations.gov or in hard copy at a complete application to the 23, 2004, Kailua Kona, Island of Hawaii; the EPA Region IX Library at 75 appropriate Regional EPA Office for May 4, 2004, Lihue, Kona; May 6, 2004, Hawthorne St., San Francisco, CA review. EPA will review those Wailuku, Maui; and May 7, 2004, 94105. This docket facility is open from applications within 180 days of receipt Honolulu, Oahu to consider comments 8 a.m. to noon and 1 p.m. to 4 p.m., of the complete application. To receive on the proposed adoption of

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administrative rule amendments and or refusal to comply with, any testing program, and solicits comment Hawaii’s intent to seek EPA requirement of an authorized State or on data received under the Tier I authorization of its lead-based paint Tribal program. Program Review Testing segment of the program. Comments were accepted for EDC ECA. Comments are expected to IV. Submission to Congress and the 40 days after the published date of inform EPA’s decision on whether data Comptroller General March 29, 2004. There were no oral and computational dosimetry model comments given at the hearings, but two The Congressional Review Act, 5 development completed by the test sets of written comments were received. U.S.C. 801 et seq. as amended by the sponsors are sufficient to proceed with The written comments were technical in Small Business Regulatory Enforcement the Tier II Testing and computational nature and some changes were made to Fairness Act of 1996, generally provides dosimetry modeling for route-to-route remain as protective as the Federal that before certain actions may take extrapolations listed in the EDC ECA. standards. These changes were reviewed effect, the agency promulgating the DATES: Comments must be received on by the State Attorney General who action must submit a report, which or before October 5, 2006. deemed that no additional public includes a copy of the action, to each ADDRESSES: Submit your comments, hearing was required. The Post Hearing House of the Congress and to the identified by docket identification (ID) Small Business Impact Statement was Comptroller General of the United number EPA–HQ–OPPT–2003–0010, by written and approved by the Small States. EPA will submit a report one of the following methods: Business Regulatory Review Board containing this action and other • Federal eRulemaking Portal: http:// pursuant to section 201M-3, Hawaii required information to the U.S. Senate, www.regulations.gov. Follow the on-line Revised Statutes and the Hawaii’s the U.S. House of Representatives, and instructions for submitting comments. Governor’s Administrative Directive No. the Comptroller General of the United • Mail: Document Control Office 99–02. States prior to publication of this (7407M), Office of Pollution Prevention On September 19, 2005, the Governor document in the Federal Register. This of the State of Hawaii signed the final and Toxics (OPPT), Environmental action is not a ‘‘major rule’’ as defined Protection Agency, 1200 Pennsylvania rule. The final rule became effective on by 5 U.S.C. 804(2). October 3, 2005. The Hawaii Ave., NW., Washington, DC 20460– List of Subjects 0001. Department of Health began • implementing its program on October 3, Environmental protection, Hazardous Hand Delivery: OPPT Document 2005. Additional information, copies of substances, Lead, Reporting and Control Office (DCO), EPA East, Rm. the documents referenced above, and recordkeeping requirements. 6428, 1201 Constitution Ave., NW., application forms for licensing and Washington, DC. Attention: Docket ID certification may be obtained by Dated: August 3, 2006. Number EPA–HQ–OPPT–2003–0010. contacting: Tom Lileikis, Environmental Laura Yoshii, The DCO is open from 8 a.m. to 4 p.m., Health Specialist, Hawaii Health Acting Regional Administrator, Region IX. Monday through Friday, excluding legal holidays. The telephone number for the Department, Noise, Radiation, and [FR Doc. E6–14588 Filed 9–01–06; 8:45 am] DCO is (202) 564–8930. Such deliveries Indoor Air Quality Branch, 591 Ala BILLING CODE 6560–50–S Moana Blvd., #133, Honolulu, Hawaii are only accepted during the DCO’s 96813; telephone number: (808) 586– normal hours of operation, and special 5800; e-mail address:tlileiki@ehsd ENVIRONMENTAL PROTECTION arrangements should be made for mail.health.state.hi.us. AGENCY deliveries of boxed information. EPA determined that Hawaii’s Instructions: Direct your comments to original application of November 17, [EPA–HQ–OPPT–2003–0010; FRL–8088–3] docket ID number EPA–HQ–OPPT– 2003–0010. EPA’s policy is that all 2005, was incomplete as the transmittal 1,2-Ethylene Dichloride Tier I Program letter from the State Governor comments received will be included in Review Testing; Notice of Availability the public docket without change and requesting program approval was and Solicitation of Comment missing. The State of Hawaii submitted may be made available on-line at http:// the Governor’s request on February 8, AGENCY: Environmental Protection www.regulations.gov, including any 2006, in accordance with 40 CFR Agency (EPA). personal information provided, unless 745.324(d), ‘‘Program Certification,’’ ACTION: Notice. the comment includes information certifying that the State program meets claimed to be Confidential Business the requirements contained in 40 CFR SUMMARY: Under section 4 of the Toxic Information (CBI) or other information 745.324(e)(2)(i) and (e)(2)(ii). Therefore, Substances Control Act (TSCA), EPA for which disclosure is restricted by as of November 17, 2005, the State of issued a testing consent order that statute. Do not submit information that Hawaii is authorized to administer and incorporated an enforceable consent you consider to be CBI or otherwise enforce the lead-based paint program agreement (ECA) for 1,2-ethylene protected through regulations.gov or e- under TSCA section 402, until such dichloride (EDC). The companies mail. The regulations.gov website is an time as the Administrator disapproves subject to the ECA agreed to conduct ‘‘anonymous access’’ system, which the application or withdraws the State’s toxicity testing, develop a means EPA will not know your identity program authorization. computational dosimetry model for or contact information unless you route-to-route extrapolations, and provide it in the body of your comment. III. Federal Overfiling develop pharmacokinetics and If you send an e-mail comment directly Section 404(b) of TSCA (15 U.S.C. mechanistic testing data that are to EPA without going through 2684(b)) makes it unlawful for any intended to satisfy the toxicological data regulations.gov, your e-mail address person to violate, or fail or refuse to needs for EDC identified in a TSCA will be automatically captured and comply with, any requirement of an section 4 proposed test rule for a included as part of the comment that is approved State or Tribal program. number of hazardous air pollutant placed in the public docket and made Therefore, EPA reserves the right to chemicals. This notice announces that available on the Internet. If you submit exercise its enforcement authority under EPA is starting the program review an electronic comment, EPA TSCA against a violation of, or a failure component of the EDC ECA alternative recommends that you include your

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name and other contact information in technical person listed under FOR respond to specific questions regarding the body of your comment and with any FURTHER INFORMATION CONTACT. the EDC ECA program review. disk or CD ROM you submit. If EPA iii. Explain why you agree or disagree B. What Should I Consider as I Prepare cannot read your comment due to with the materials under consideration My Comments for EPA? technical difficulties and cannot contact for the EDC ECA program review; you for clarification, EPA may not be 1. Technical and scientific provide a convincing argument for your able to consider your comment. considerations. EPA invites interested views or offer alternative ways to Electronic files should avoid the use of parties to provide views on the test improve the science. special characters, any form of sponsors’ Tier I Program Review Testing iv. Describe any assumptions and encryption, and be free of any defects or reports entitled: 1,2-Dichloroethane provide any technical information and/ viruses. (EDC): Limited Pharmacokinetics and or data that you used. Docket: All documents in the docket Metabolism Study in Fischer 344 Rats v. If you estimate potential costs or are listed in the regulations.gov index. and Physiologically Based burdens, explain how you arrived at Although listed in the index, some Pharmacokinetic Model Development your estimate in sufficient detail to information is not publicly available, and Simulations for Ethylene Dichloride allow for it to be reproduced. e.g., CBI or other information for which (1,2-Dichloroethane) in Rats (Refs. 1 and vi. Provide specific examples to disclosure is restricted by statute. 2). These reports describe a illustrate your concerns and suggested Certain other material, such as computational dosimetry model for alternatives. copyrighted material, will be publicly route-to-route extrapolation and vii. Explain your views as clearly as available only in hard copy. Publicly development of pharmacokinetics and possible, avoiding the use of profanity available docket materials are available mechanistic data (PK/MECH data) that or personal threats. either electronically at http:// will support the use of this model for viii. Make sure to submit your www.regulations.gov, or in hard copy at quantitative route-to-route comments by the comment period the OPPT Docket, EPA Docket Center extrapolations specific to endpoints deadline identified. (EPA/DC), EPA West, Rm. B102, 1301 listed under Tier II of the EDC ECA. The II. Background Constitution Ave., NW., Washington, computational dosimetry model and DC. The Public Reading Room is open PK/MECH data described in these A. What Testing is EPA Requiring for from 8:30 a.m. to 4:30 p.m., Monday reports, if deemed acceptable to EPA, EDC? through Friday, excluding legal will be applied to support the EDC ECA EPA proposed health effects testing holidays. The telephone number of the Tier II Testing and computational under TSCA section 4(a) for a number Public Reading Room is (202) 566–1744, dosimetry model extrapolation reporting of hazardous air pollutants (HAPs or and the telephone number for the OPPT called for under Tier II of the EDC ECA. HAP chemicals), including EDC, in the Docket is (202) 566–0280. EPA is interested in comments on the Federal Register of June 26, 1996 (Ref. FOR FURTHER INFORMATION CONTACT: For PK/MECH data, the EDC computational 3), as amended (Refs. 4 and 5). The general information contact: Colby dosimetry model for route-to-route testing needs for EDC identified in the Lintner, Regulatory Coordinator, extrapolation, and the utility of HAPs proposed rule, as amended, are Environmental Assistance Division resulting derived computational data acute toxicity, subchronic toxicity, (7408M), Office of Pollution Prevention from the EDC computational dosimetry developmental toxicity, reproductive and Toxics, Environmental Protection model that will be developed under Tier toxicity, and neurotoxicity (acute and Agency, 1200 Pennsylvania Ave., NW., II of the EDC ECA. subchronic), to be conducted by the Washington, DC 20460–0001; telephone 2. Submitting CBI. Do not submit CBI inhalation route of exposure. number: (202) 554–1404; e-mail address: to EPA through regulations.gov or e- In that proposed TSCA section 4(a) [email protected]. mail. Clearly mark the part or all of the rule, EPA also invited the submission of For technical information contact: information that you claim to be CBI. proposals that could use the Richard Leukroth or John Schaeffer, For CBI information contained in a disk performance of PK studies and Chemical Control Division (7405M), or CD ROM that you mail to EPA, mark computional dosimetry modeling to Office of Pollution Prevention and the outside of the disk or CD ROM as permit extrapolation from oral data to Toxics, Environmental Protection CBI and then identify electronically predict risk from inhalation exposure. Agency, 1200 Pennsylvania Ave., NW., within the disk or CD ROM the specific Such proposals could provide the Washington, DC 20460–0001; telephone information that is claimed CBI. In scientific basis for alternative testing to number: (202) 564–8157; e-mail address: addition to one complete version of the the testing proposed under the rule and [email protected]. comment that includes information form the basis for developing needed claimed as CBI, a copy of the comment HAPs data via ECAs (Refs. 3, 4, and 5). SUPPLEMENTARY INFORMATION: that does not contain the information On November 22, 1996, Dow I. General Information claimed as CBI must be submitted for Chemical Company, Vulcan Materials inclusion in the public docket. Company, Occidental Chemical A. Does this Action Apply to Me? Information so marked will not be Corporation, Oxy Vinyls, LP, Georgia This action is directed to the public disclosed except in accordance with Gulf Corporation, Westlake Chemical in general, and may be of particular procedures set forth in 40 CFR part 2. Corporation, PPG Industries, Inc., and interest to those persons who are or may 3. Tips for preparing your comments. Formosa Plastics Corporation, U.S.A. be required to conduct testing of When submitting comments, remember (the Companies), under the auspices of chemical substances under TSCA. Since to: the HAP Task Force (the principal other entities may also be interested, the i. Identify the document by docket ID testing sponsor), submitted a proposal Agency has not attempted to describe all number and other identifying for alternative testing of EDC that the specific entities that may be affected information (subject heading, Federal included physiologically based by this action. If you have any questions Register date and page number). pharmacokinetics (PBPK) studies and regarding the applicability of this action ii. Follow directions. As discussed in computational dosimetry model to a particular entity, consult either Unit I.B.1., the Agency asks you to development to support route-to-route

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extrapolation of testing to be conducted development of PK/MECH data to specified in the Tier II Testing segment; under the ECA by the oral route (Ref. 6). support the application of the and/or EPA considered this proposal sufficient computational dosimetry model for the iii. The nature and scope of any (Ref. 7) to enter into ECA negotiations endpoints listed under Tier II of the additional work (e.g., development of with the Companies and other EDC ECA. The Companies also provided additional PK/MECH data, modification interested parties (Ref. 8). The ECA for model simulations with point and to the EDC computational dosimetry EDC was announced in the Federal uncertainty estimates of internal dose model) that may be required to support Register of June 3, 2003 (Ref. 9). Under metrics (parent chemical peak and area Tier II Testing and application of the the EDC ECA (Ref. 10), the HAPs data under the curve (AUC) concentrations EDC computational dosimetry model for needs for EDC are being addressed via in blood and brain, and 24–hour total route-to-route extrapolation of dose- an alternative testing program that glutathione (GSH)-dependent response reporting for the testing utilizes testing by inhalation and the metabolism in lung and liver) in rats endpoints listed under Tier II of the oral route, computational dosimetry and humans to inform quantitative EDC ECA. model development, and development route-to-route extrapolations of the EDC 4. Tier II Testing and/or Extrapolation of PK/MECH data to support route-to- dose response. Furthermore, based on Reporting. This segment of the EDC ECA route extrapolation modeling for health an additional analysis of the D’Souza et alternative testing program will consist effects endpoints identified in the ECA. al. model, the ECA was modified to of endpoint testing by drinking water EPA anticipates fulfilling all of the include the kidney in the examination exposure for subchronic neurotoxicity health effects testing requirements of GSH-dependent metabolism (Refs. 17, and reproductive toxicity. The identified in the HAPs proposed rule, as 18, and 19). Information derived from reproductive effects toxicity testing is amended, by implementation of the the GSH-metabolism, PK/MECH data, intended to confirm studies reported by testing to be performed under the EDC and model simulations will be used to Alumot et al. (1976; Ref. 21), Rao et al. ECA and Order. evaluate the acceptability of performing: (1980; Ref. 13), and Lane et al. (1982; i. Oral-to-inhalation extrapolation of Ref. 22), and provide data needed on B. How is EPA Implementing Testing for subchronic toxicity data reported by EDC Under the ECA? fertility index, gestation index, gross Daniel, et al. (1994; Ref. 20) relevant to necropsy, organ weight, histopathology, The EDC ECA alternative testing corn oil gavage. estrous cycle, sperm evaluation, vaginal program has four segments, as follows: ii. Oral-to-inhalation extrapolation of opening, and preputial separation as Tier I HAPs Testing, Tier I Program subchronic neurotoxicity data relevant described in the ECA. This segment will Review Testing, EPA Program Review, to drinking water exposure of a study to also include application of the EDC and Tier II Testing and/or Extrapolation be conducted under Tier II Testing. computational dosimetry model for iii. Oral-to-inhalation extrapolation of Reporting. quantitative route-to-route extrapolation 1. Tier I HAPs Testing. The ECA reproductive effects testing conducted reporting (oral to inhalation) for Tier II testing and reporting requirements for under Tier II Testing and each dosing endpoint testing (subchronic Tier I HAPs Testing have been paradigm of studies reported by Alumot neurotoxicity and reproductive toxicity) completed. Under this segment of the et al. (1976; Ref. 21), Rao et al. (1980, and similar computational extrapolation EDC ECA, the Companies performed Ref. 13), and Lane et al. (1982; Ref. 22). reporting for extant subchronic toxicity endpoint testing for acute toxicity, with 3. EPA Program Review. As indicated bronchoalveolar lavage (BAL) and in Unit VI.C. of the EDC ECA and Unit reported by Daniel et al. (1994; Ref. 20). histopathology, and acute neurotoxicity II.B.3. of this notice, computational III. What Action is the Agency Taking? (Ref. 11). These studies were conducted dosimetry model development and data under a combined protocol by from Tier I Program Review Testing are A. What Opportunity is There for Public inhalation exposure. The ECA subject to an EPA Program Review. The Involvement in EPA’s Program Review? acknowledged that macrophage function EPA Program Review will determine Tier I HAPs Testing for EDC is testing (a component of EPA’s acute whether the computational dosimetry completed and reports for Tier I toxicity test guideline 40 CFR 799.9135) model and the PK/MECH data used to Program Review Testing have been is adequately fulfilled by existing data support the route-to-route submitted by the Companies. Copies of published by Sherwood et al. (1987; Ref. extrapolations of dose response are these submissions are available in the 12) and also acknowledged that the scientifically sound and provide the public docket (EPA–HQ–OPPT–2003– developmental studies reported by Rao highest quality data. Specifically, as 0010). As described in Unit II.B.3. and et al. (1980; Ref. 13), in rabbits, and described in Unit VII. of the EDC ECA, stated in Part VI. of the EDC ECA, the Payan et al. (1995; Ref. 14) in rats, the EPA Program Review will next step is for EPA to conduct a adequately fulfill the HAPs rulemaking determine: Program Review on the data collected testing requirements for developmental i. Whether it is feasible and from the Tier I Program Review Testing toxicity testing for EDC. appropriate to apply Tier I Program segment of the EDC ECA alternative 2. Tier I Program Review Testing. The Review Testing data and data from other testing program. As noted in Unit I.B., ECA testing and reporting requirements studies acceptable to EPA to support this notice of availability and request for for Tier I Program Review Testing have computational route-to-route written comments provides an been completed. Under this segment of extrapolations of dose response for any opportunity for public comment on the EDC ECA the Companies conducted or all of the endpoints listed in the Tier reports subject to this EPA Program studies to extend the computational II Testing segment of the ECA, including Review. dosimetry model of D’Souza et al. (1987, endpoint data from extant studies cited B. What Happens at the Conclusion of 1988; Refs. 15 and 16) in order to apply in the EDC ECA; the model to the specific health effects ii. Whether the data from the Tier I EPA’s Program Review? endpoints for EDC listed in the ECA, Program Review Testing segment A description of the possible validate the model, and verify the provide a sufficient basis for conducting outcomes of the EPA Program Review is model’s ability to perform quantitative the endpoint testing and/or the provided in Part VII. of the EDC ECA. route-to-route extrapolations of dose computational route-to-route Following the EPA Program Review, response. The ECA provided for the extrapolations for the dose responses EPA will place in the public docket for

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this action (under docket ID number Proposal for Pharmacokinetics Study of Assessment. National Academy Press. EPA–HQ–OPPT–2003–0010) a copy of Ethylene Dichloride, November 22, Washington, DC (1987). each comment received, and a copy of 1996. November 22, 1996. (See 16. D’Souza, R.W.; Francis, W.R.; and the letter informing the HAP Task Force Document ID No. EPA–HQ–OPPT– Andersen, M.E. Physiological model for of the outcome from EPA’s Program 2003–0010–0034). tissue glutathione depletion and 7. EPA. Letter from Charles M. Auer Review. EPA will publish a Federal increased resynthesis after ethylene to Peter E. Voytek with attachment Register notice which announces the dichloride exposure. Journal of entitled: Preliminary EPA Technical availability of a report describing the Pharmacology and Experimental findings and conclusions of the Program Analysis of Proposed Industry Therapeutics 245(2): 563–568 (1988). Review, responds to comments on the Pharmacokinetics (PK) Strategy for Tier I Program Review Testing, Ethylene Dichloride, June, 1997. June 17. EPA. Letter dated March 24, 2004 identifies any modifications to Tier II 26, 1997. (See Document ID No. EPA– from Wardner G. Penberthy to Peter E. ECA activities, and establishes revised HQ–OPPT–2003–0010–0035). Voytek with two attachments entitled: deadlines as needed for completion of 8. EPA. Enforceable Consent i. Addendum Modification to Tier II Testing and route-to-route Agreement Development for Ethylene Enforceable Consent Agreement for computational dosimetry modeling for Dichloride; Solicitation of Interested 1,2,Ethylene Dichloride (EDC). extrapolations listed under Tier II of the Parties and Notice of Public Meeting. ii. Application of a PBPK model for ECA for EDC. Notice. Federal Register (62 FR 6626, December 19, 1997) (FRL–5763–1). cancer and non-cancer risk assessment IV. Materials in the Docket Available on-line at http:// of 1,2-dicholoroethane. Phase I: The docket for this document has www.epa.gov/fedrgstr/. Evaluation of issues related to the use been established under docket ID 9. EPA. 1,2-Ethylene Dichloride; Final of a PBPK model for DCE. Requisition number EPA–HQ–OPPT–2003–0010. Enforceable Consent Agreement and Reference No. 2WE59, QT–DC–030387. The public docket is available for Testing Consent Order. Notice. Federal (See Document ID Nos. EPA–HQ– review as specified in ADDRESSES. The Register (68 FR 33125, June 3, 2003) OPPT–2003–0010–0059 (for letter) and following is a listing of the documents (FRL–7300–6). Available on-line at EPA–HQ–OPPT–2003–0010–0060 (for referenced in this preamble that have http://www.epa.gov/fedrgstr/. attachments)). 10. EPA. Enforceable Consent been placed in the public docket for this 18. HAP Task Force. Letter from Peter Agreement for 1,2-Ethylene Dichloride. document: E. Voytek to the Document Control 1. HAP Task Force. Letter from Peter May 15, 2003. (CAS No. 107–06–2) (See Office Re: Testing Consent Order for E. Voytek to the Document Control Document ID No. EPA–HQ–OPPT– Ethylene Dichloride; Request for Office with attachment entitled: 1,2- 2003–0010–0002). Modification of Enforceable Consent Dichloroethane (EDC): Limited 11. HAP Task Force. Letter from Peter Pharmacokinetics and Metabolism E. Voytek to the Document Control Agreement. June 21, 2004. (See Study in Fischer 344 Rats. March 2, Office with attachment entitled: 1,2- Document ID No. EPA–HQ–OPPT– 2006. (See Document ID No. EPA–HQ– Dichloroethane (EDC): Acute Inhalation 2003–0010–0063). OPPT–2003–0010–0081 (for letter) and Toxicity with Bronchoalveolar Lavage 19. EPA. Letter dated July 14, 2004 Document ID No. EPA–HQ–OPPT– and Histopathology/Acute Inhalation from Wardner G. Penberthy to Peter E. 2003–0010–0082 (for attachment)). Neurotoxicity Study in F344/DUCRL Voytek RE: 1,2-Ethylene Dichloride 2. HAP Task Force. Letter from Peter Rats. June 21, 2006. (See Document ID (EDC), Request for Modification of PBPK E. Voytek to the Document Control Nos. EPA–HQ–OPPT–2003–0010–0087 Testing in Tier I Testing of the EDC Office with attachment entitled: through EPA–HQ–OPPT–2003–0010– ECA. (See Document ID No. EPA–HQ– Physiologically Based Pharmacokinetic 0087.6). OPPT–2003–0010–0065). Model Development and Simulations for 12. Sherwood, R.L.; O’Shea, W.; 20. Daniel, F.B.; Robinson, M.; Olson, Ethylene Dichloride (1,2- Thomas, P.T.; Ratajczak, H.V.; and G.R.; York, R.G.; and Condie, L.W. Ten Dichloroethane) in Rats. July 7, 2006. Aranyi, C. Effects of inhalation of and ninety-day toxicity studies of 1,2- (See Document ID No. EPA–HQ–OPPT– ethylene dichloride on pulmonary dichloroethane in Sprague-Dawley rats. 2003–0010–0086). defenses of mice and rats. Toxicology Drug and Chemical Toxicology 17: 463– 3. EPA. Proposed Test Rule for and Applied Pharmacology 91: 491–496 477 (1994). Hazardous Air Pollutants. Proposed (1987). Rule. Federal Register (61 FR 33178, 13. Rao, K.S.; Murray, J.S.; Deacon, 21. Alumot, E.; Nachtomi, E.; Mandel, June 26, 1996) (FRL–4869–1). Available M.M.; John, J.A.; Calhoun, L.L.; and E.; Holstein, P.; Bondi, A.; and Herzberg, on-line at http://www.epa.gov/fedrgstr/. Young, J.T. Teratogenicity and M. Tolerance and acceptable daily 4. EPA. Amended Proposed Test Rule reproduction studies in animals intake of chlorinated fumigants in the for Hazardous Air Pollutants; Extension inhaling ethylene dichloride. Banbury rat diet. Food, Cosmetics and of Comment Period. Proposed Rule. Report 5: 149–166 (1980). Toxicology 14: 105–110 (1976). Federal Register (62 FR 67466, 14. Payan, J.P.; Saillenfait, A.M.; 22. Lane, R.W.; Riddle, B.L.; and December 24, 1997) (FRL–5742–2). Bonnet, P.; Fabry, J.P.; Langonne, I.; and Borzelleca, J.F. Effects of 1,2- Available on-line at http:// Sabate J.P. Assessment of the dichloroethane and 1,1,1- www.epa.gov/fedrgstr/. developmental toxicity and placental trichloroethane in drinking water on 5. EPA. Amended Proposed Test Rule transfer of the 1,2-dichloroethane in reproduction and development in mice. for Hazardous Air Pollutants; Extension rats. Fundamental and Applied Toxicology and Applied Pharmacology of Comment Period. Proposed Rule. Toxicology 28: 187–198 (1995). 63: 409–421 (1982). Federal Register (63 FR 19694, April 21, 15. D’Souza, R.W.; Francis, W.R.; 1998) (FRL–5780–6). Available on-line Bruce R.D.; and Andersen, M.E. List of Subjects at http://www.epa.gov/fedrgstr/. Physiologically based pharmacokinetic 6. HAP Task Force. Letter from Peter model for ethylene dichloride and its Environmental protection, 1,2- E. Voytek to the Document Control application in risk assessment, pp 286– Ethylene Dichloride, Hazardous Office with attachment entitled: 301. Pharmacokinetics in Risk chemicals.

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Dated: August 24, 2006. Board of Governors of the Federal Reserve DEPARTMENT OF HEALTH AND Wardner G. Penberthy, System, August 30, 2006. HUMAN SERVICES Acting Director, Chemical Control Division, Robert deV. Frierson, Office of Pollution Prevention and Toxics. Deputy Secretary of the Board. Centers for Disease Control and Prevention [FR Doc. E6–14639 Filed 9–1–06; 8:45 am] [FR Doc. E6–14615 Filed 9–1–06; 8:45 am] BILLING CODE 6560–50–S BILLING CODE 6210–01–S [60Day–06–05CL] Proposed Data Collections Submitted for Public Comment and FEDERAL RESERVE SYSTEM DEPARTMENT OF HEALTH AND Recommendations HUMAN SERVICES In compliance with the requirement Formations of, Acquisitions by, and of Section 3506(c)(2)(A) of the Mergers of Bank Holding Companies National Committee on Vital and Health Paperwork Reduction Act of 1995 for Statistics: Meeting opportunity for public comment on The companies listed in this notice proposed data collection projects, the have applied to the Board for approval, Pursuant to the Federal Advisory Centers for Disease Control and pursuant to the Bank Holding Company Committee Act, the Department of Prevention (CDC) will publish periodic Act of 1956 (12 U.S.C. 1841 et seq.) Health and Human Services (HHS) summaries of proposed projects. To (BHC Act), Regulation Y (12 CFR Part announces the following advisory request more information on the 225), and all other applicable statutes committee meeting. proposed projects or to obtain a copy of and regulations to become a bank Name: National Committee on Vital and the data collection plans and holding company and/or to acquire the Health Statistics (NCVHS), Subcommittee on instruments, call 404–639–5960 and assets or the ownership of, control of, or Populations. send comments to Seleda Perryman, the power to vote shares of a bank or Time and Date: September 18, 2006, 8:30 CDC Assistant Reports Clearance bank holding company and all of the a.m.–5 p.m. September 19, 2006, 8:30 a.m.– Officer, 1600 Clifton Road, MS–D74, banks and nonbanking companies 5 p.m. Atlanta, GA 30333 or send an e-mail to owned by the bank holding company, Place: Renaissance Washington, DC Hotel, [email protected]. including the companies listed below. 999 Ninth Street, NW., Washington, DC Comments are invited on: (a) Whether The applications listed below, as well 20001. (202) 898–9000. the proposed collection of information as other related filings required by the Status: Open. is necessary for the proper performance Board, are available for immediate Purpose: The purpose of the meeting is to of the functions of the agency, including inspection at the Federal Reserve Bank identify data linkages for statistical purposes whether the information shall have indicated. The application also will be within and among Federal government practical utility; (b) the accuracy of the available for inspection at the offices of agencies with a view to promoting best agency’s estimate of the burden of the the Board of Governors. Interested practices. proposed collection of information; (c) persons may express their views in For Further Information Contact: ways to enhance the quality, utility, and writing on the standards enumerated in Substantive program information as well as clarity of the information to be the BHC Act (12 U.S.C. 1842(c)). If the summaries of meetings and a roster of collected; and (d) ways to minimize the proposal also involves the acquisition of Committee members may be obtained from burden of the collection of information Joan Turek, Ph.D., Staff to the Subcommittee a nonbanking company, the review also on respondents, including through the on Populations, Office of the Assistant use of automated collection techniques includes whether the acquisition of the Secretary for Planning and Evaluation, Room or other forms of information nonbanking company complies with the 434E, 200 Independence Avenue, SW., technology. Written comments should standards in section 4 of the BHC Act Washington, DC 20201, telephone (202) 690– be received within 60 days of this (12 U.S.C. 1843). Unless otherwise 5945, e-mail [email protected]; or Marjorie notice. noted, nonbanking activities will be S. Greenberg, Executive Secretary, NCVHS, conducted throughout the United States. National Center for Health Statistics, Centers Proposed Project Additional information on all bank for Disease Control and Prevention, 3311 Formative Evaluation of Adults’ and holding companies may be obtained Toledo Road, Room 2402, Hyattsville, Children’s Views Related to Promotion from the National Information Center Maryland 20782, telephone (301) 458–4245. of Healthy Food Choices—New— Web site at www.ffiec.gov/nic/. Information also is available on the NCVHS National Center for Chronic Disease Unless otherwise noted, comments home page of the HHS Web site: http:// Prevention and Health Promotion regarding each of these applications www.ncvhs.hhs.gov/, where further (NCCDPHP), Centers for Disease Control must be received at the Reserve Bank information including an agenda will be and Prevention (CDC). posted when available. indicated or the offices of the Board of Background and Brief Description Governors not later than September 29, Should you require reasonable 2006. accommodation, please contact the CDC In FY 2004, Congress directed the Office of Equal Employment Opportunity on Centers for Disease Control and A. Federal Reserve Bank of Atlanta (301) 458–4EEO (4336) as soon as possible. Prevention (CDC) to conduct formative (Andre Anderson, Vice President) 1000 Dated: August 28, 2006. research on the attitudes of children and Peachtree Street, N.E., Atlanta, Georgia parents regarding nutrition behavior. James Scanlon, 30303: Specifically, the conferees’ FY 2004 1. Traders & Farmers Bancshares, Inc. Deputy Assistant Secretary for Science and Appropriation Language instructs CDC Haleyville, Alabama; to become a bank Data Policy, Office of the Assistant Secretary to research parents’ and children’s holding company by acquiring 100 for Planning and Evaluation. viewpoints on ‘‘the characteristics of percent of the outstanding shares of [FR Doc. 06–7403 Filed 9–1–06; 8:45 am] effective marketing of foods to children Traders & Farmers Bank, Haleyville, BILLING CODE 4151–05–M to promote healthy food choices.’’ Upon Alabama. completion, a report detailing CDC’s

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findings is to ‘‘be submitted to the ‘‘tweens’’ (ages 9–13) and parents of All focus group recruiting will appropriate Committees of jurisdiction tweens; Phase 2 will focus on children incorporate appropriate representation of Congress.’’ 6–8 years old and their parents, and of diverse ethnic groups, and the groups In response, CDC has contracted with Phase 3 will conduct groups with will be held in several cities to ensure the Academy for Educational parents of children under 6 years old. broad geographic representation. Development (AED) to conduct focus Current literature and opinion leaders Participants will be recruited by focus groups to identify key audience both strongly suggest that tweens greatly group facilities utilizing their database concepts around food choices, and influence their parents’ and younger to solicit and screen interested parties. develop and test concepts and messages siblings’ nutritional decisions. The screening process will include two aimed at increasing healthy food calls for every successful recruit, each choices among children. For the For each phase, 36 focus groups will taking approximately 5 minutes. Each research to be useful to Congress and to be conducted; thus, three phases will focus group will be asked to respond the nation’s public health agenda, a amount to 108 total focus groups. In thorough understanding of children at Phases 1 and 2, focus groups will verbally. The moderator will utilize a different developmental stages regarding involve both youth and their parents or prepared guide which is designed to their attitudes toward healthy food key caregivers. In this way, CDC can specifically ensure that the discussion is choices, and the barriers and gain insight into both parents’ and limited to 2 hours. motivations for adopting and sustaining children’s views and family shared The intent of this research is to solicit these choices is essential. Additionally, decision-making associated with food input and feedback from potential a thorough understanding of parents choices and attitudes toward healthy audiences. The information gathered who can influence the health behaviors eating patterns. For Phase 3, 36 focus will be used to develop, refine, and of children is important. This groups about the toddler/young child modify messages and strategies to understanding will facilitate the set (ages 1–5) will be held with their increase healthy food choices by development of messages, strategies, parents and other important influencers children and parents. There is no cost and tactics that resonate with children, such as educators, primary caregivers, to respondents other than their time to parents, and other influencers. health care providers. (See chart below participate in the survey. The focus groups will be conducted in for specifics on structure and related three phases: Phase One will address burden.) Estimated Annualized Burden Hours

Average No. of No. of burden per re- Total burden Respondents respondents responses per sponse (in (hours) respondent hours)

Phase 1: Recruitment ...... 528 1 10/60 88 Phase 1: Tweens (ages 9–13); ...... 264 1 2 528 Phase 1: Parents of tweens; ...... 120 1 2 240 Phase 2: Recruitment ...... 528 1 10/60 88 Phase 2: Elementary aged children (ages 5–8); ...... 264 1 2 528 Phase 2: Parents of elementary aged children ...... 120 1 2 240 Phase 3: Recruitment ...... 720 1 10/60 120 Phase 3: Parents of preschoolers (ages 1–4); ...... 360 1 2 720

Total ...... 2552

Dated: August 28, 2006. Centers for Disease Control and on respondents, including through the Joan F. Karr, Prevention (CDC) will publish periodic use of automated collection techniques Acting Reports Clearance Officer, Centers for summaries of proposed projects. To or other forms of information Disease Control and Prevention. request more information on the technology. Written comments should [FR Doc. E6–14620 Filed 9–1–06; 8:45 am] proposed projects or to obtain a copy of be received within 60 days of this BILLING CODE 4163–18–P the data collection plans and notice. instruments, call 404–639–5960 and Proposed Project send comments to Seleda Perryman, DEPARTMENT OF HEALTH AND CDC Assistant Reports Clearance Evaluation of an Intervention to HUMAN SERVICES Officer, 1600 Clifton Road, MS–D74, Increase Colorectal Cancer Screening in Atlanta, GA 30333 or send an e-mail to Primary Care Clinics—New—National Centers for Disease Control and [email protected]. Center for Chronic Disease Prevention Prevention Comments are invited on: (a) Whether and Health Promotion (NCCDPHP), the proposed collection of information Centers for Disease Control and [60Day–06–0398x] is necessary for the proper performance Prevention (CDC). Proposed Data Collections Submitted of the functions of the agency, including Background and Brief Description for Public Comment and whether the information shall have Recommendations practical utility; (b) the accuracy of the Colorectal cancer (CRC) is the third agency’s estimate of the burden of the most frequent form of cancer and the In compliance with the requirement proposed collection of information; (c) second leading cause of cancer-related of Section 3506(c)(2)(A) of the ways to enhance the quality, utility, and deaths among both men and women in Paperwork Reduction Act of 1995 for clarity of the information to be the United States. Research shows that opportunity for public comment on collected; and (d) ways to minimize the screening can reduce both the proposed data collection projects, the burden of the collection of information occurrence of colorectal cancer and

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colorectal cancer deaths. Screening is screening rates in primary care clinics. complete a survey assessing beneficial for: (1) Detection and removal The study will also examine the effects demographics, work-related of precancerous polyps, resulting in of the intervention conditions on responsibilities, opinions about patients recovering without progression behavioral outcomes (e.g., clinician- preventive services, CRC training and to a diagnosis of cancer, and (2) early patient discussions about CRC practices, satisfaction with CRC detection of CRC for more effective screening) and on attitudes, beliefs, screening, and CRC screening beliefs, treatment and improved survival. opinions, and social influence facilitators and barriers. The survey will Regular CRC screening is recommended surrounding CRC screening among be administered to clinic support staff for people aged 50 years and older. patients. The target population includes post intervention. In Task 3, clinic Many screening tests are widely average-risk patients aged 50–80 years, patients will complete a survey available and screening has been shown clinicians, and clinic support staff assessing demographics, health status, to be effective in reducing CRC within the primary care clinics in two receipt of previous CRC screening and mortality. Despite this demonstrated managed care organizations (MCOs). other preventive services, knowledge effectiveness, CRC screening remains There are three tasks in this study. In and opinions about CRC and CRC low. Some reasons attributed to the low screening, and social support. The Task 1, 140 primary care clinicians will screening rates include limited public survey will be administered to 3307 complete a survey assessing awareness of CRC and the benefits of patients pre-intervention and 3307 demographics, opinions about screening, failure of health care patients post-intervention. Of these, 972 providers to recommend screening to preventive services, CRC screening patients will receive both the pre- and patients, and inefficient surveillance training and practices, satisfaction with post-intervention survey. and support systems in many health CRC screening, and CRC screening beliefs, facilitators, and barriers. The There are no costs to respondents care settings. except their time to participate in the The purpose of this one-time study is survey will be administered to primary survey. to evaluate and understand the effect of care clinicians post-intervention. In a multi-component intervention on CRC Task 2, 140 clinic support staff will Estimated Annualized Burden Hours

Average No. of No. of burden per Total burden Respondents respondents responses per response (in (hours) respondent hours)

Clinicians ...... 140 1 30/60 70 Clinic Support Staff ...... 140 1 25/60 58 Patients surveyed only at baseline ...... 2335 1 20/60 788 Patients surveyed at baseline and follow-up ...... 972 2 20/60 648 Patients surveyed only at follow-up ...... 2335 1 20/60 788

Totals ...... 2352

Dated: August 28, 2006. Forks, North Dakota 58203; Holiday Inn an overview of the Rural Assistance Center Joan F. Karr, Grand Forks, 1210 N 43rd Street, Grand by Kristine Sande. The final session of the Acting Reports Clearance Officer, Centers for Forks, North Dakota 58203; Spirit Lake day will be a discussion on the purpose of Disease Control and Prevention. Casino and Resort, 7889 Highway 57, St. the site visits and future agenda setting led Michael, North Dakota 58370, Phone: 701– by the Honorable David Beasley and Tom [FR Doc. E6–14622 Filed 9–1–06; 8:45 am] 766–4747. Morris, Committee Executive Secretary. The BILLING CODE 4163–18–P Status: The meeting will be open to the Thursday meeting will close at 5:30 p.m. public. Friday morning, September 29, at 8:30 Purpose: The National Advisory a.m., the Committee will convene at the DEPARTMENT OF HEALTH AND Committee on Rural Health and Human Holiday Inn Grand Forks, Grand Forks, North HUMAN SERVICES Services provides advice and Dakota. The meeting will begin with an recommendations to the Secretary with explanation of the day and an overview of Health Resources and Services respect to the delivery, research, the site visits. At 9 a.m., the Committee will Administration development and administration of health break into subcommittee format for the site and human services in rural areas. visits. At 9:15 a.m., the Medicare Advantage National Advisory Committee on Rural Agenda: Thursday afternoon, September Subcommittee will depart for Mercy Hospital Health and Human Services; Notice of 28, at 2 p.m., a press conference with be held in Devils Lake, North Dakota. Also, at 9:15 Meeting with the Chairperson of the Committee, the a.m., the Head Start Subcommittee will Honorable David Beasley. The meeting will depart for the Early Explorers Head Start In accordance with section 10(a)(2) of begin at 2:30 p.m., at the University of North Program in Devils Lake, North Dakota. The the Federal Advisory Committee Act Dakota, with opening remarks by the Substance Abuse Subcommittee will depart (Pub. L. 92–463), notice is hereby given Honorable David Beasley. Introductions will for the Center for Solutions, Towner County that the following committee will be made by Mary Wakefield, Associate Dean Medical Center in Cando, North Dakota, at for Rural Health and Director of the Center 9:30 a.m. Transportation to these sites will convene its fifty-second meeting. for Rural Health at the University of North not be provided. The Subcommittees will Name: National Advisory Committee on Dakota and Charles Kupchella, President of return to Spirit Lake Casino and Resort in St. Rural Health and Human Services. the University of North Dakota. This will be Michael, North Dakota, for the remainder of Dates and Times: September 28, 2006, 2 followed by a brief history of North Dakota the meeting. The Subcommittees will meet at p.m.–5:30 p.m.; September 29, 2006, 8:30 by Mike Jacobs (invited speaker), editor of 2:15 p.m. to discuss the site visits. The a.m.–4:30 p.m.; September 30, 2006, 9 a.m.– the Grand Forks Herald, and an overview of Committee of the whole will reconvene at 10:30 a.m. rural health innovation by Bruce Gjovig with 3:30 p.m. for a discussion of the 2007 report Place: Center for Rural Health, University the Center for Innovation and Rural topics. The Friday meeting will close at 4:30 of North Dakota, 501 N. Columbia Rd., Grand Technology Center. The next session will be p.m.

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The final session will be convened addresses, will become part of the absence surveys and to collect seed and/ Saturday morning, September 30, at 9 a.m. official administrative record and may or cuttings for Pediocactus bradyi The Committee will review the discussion of be made available to the public. (Brady pincushion cactus) and the 2007 Workplan, have updates on the Pediocactus peeblesianus (Peebles Subcommittee site visits and discuss the FOR FURTHER INFORMATION CONTACT: letter to the Secretary. The meeting will be Chief, Endangered Species Division, Navajo cactus) within Arizona. adjourned at 10:30 a.m. (505) 248–6920. Permit No. TE–122856 For Further Information Contact: Anyone SUPPLEMENTARY INFORMATION: requiring information regarding the Applicant: George Robert Myers, Austin, Committee should contact Tom Morris, Permit No. TE–038050 Texas. M.P.A., Executive Secretary, National Applicant: Trevor Hare, Tucson, Applicant requests a new permit for Advisory Committee on Rural Health and Arizona. research and recovery purposes to Human Services, Health Resources and conduct presence/absence surveys for Services Administration, Parklawn Building, Applicant requests an amendment to Room 9A–55, 5600 Fishers Lane, Rockville, an existing permit to conduct presence/ Mexican long-nosed bat (Leptonycteris MD 20857, Telephone (301) 443–0835, Fax absence surveys and enhance nivalis), lesser long-nosed bat (301) 443–2803. propagation for Gila Chub (Gila (Leptonycteris curasoae yerbabuenae), Persons interested in attending any portion intermedia) within Arizona. Barton Springs salamander (Eurycea of the meeting should contact Michele Pray- sosorum), San Marcos Salamander Gibson, Office of Rural Health Policy Permit No. TE–794593 (Eurycea nana), Texas blind salamander (ORHP), Telephone (301) 443–0835. The Applicant: Texas State Aquarium, (Typhlomolge rathbuni), and Peck’s Committee meeting agenda will be posted on cave amphipod (Stygobromus pecki) ORHP’s Web site http:// Corpus Christi, Texas. www.ruralhealth.hrsa.gov. Applicant requests an amendment to within Texas. Additionally, applicant an existing permit to hold northern requests authorization to survey for and Dated: August 28, 2006. aplomado falcon (Falco femoralis collect the following species within Cheryl R. Dammons, septentrionalis) for educational displays Texas: Batrisodes texanus (Coffin Cave Director, Division of Policy Review and within Texas. mold beetle), Stygoparnus comalensis Coordination. (Comal Springs dryopid beetle), [FR Doc. E6–14587 Filed 9–1–06; 8:45 am] Permit No. TE–828830 Heterelmis comalensis (Comal Springs BILLING CODE 4165–15–P Applicant: Bureau of Land riffle beetle), Batrisodes venyivi (Helotes Management-Tucson, Tucson, mold beetle), Cicurina baronia (Robber Arizona. Baron Cave meshweaver), Cicurina DEPARTMENT OF THE INTERIOR Applicant requests an amendment to madla (Madla’s cave meshweaver), an existing permit to conduct presence/ Cicurina venii (Braken Bat Cave Fish and Wildlife Service absence surveys and enhance meshweaver), Cicurina vespera (Government Canyon Bat Cave Endangered and Threatened Species propagation for Gila Chub (Gila intermedia) within Arizona. meshweaver), Neoleptoneta microps Permit Applications (Government Canyon Bat Cave spider), AGENCY: Fish and Wildlife Service, Permit No. TE–841909 Neoleptoneta myopica (Tooth Cave Interior. Applicant: Prescott National Forest, spider), Rhadine exilis (ground beetle, ACTION: Notice of receipt of applications. Chino Valley, Arizona. no common name), Rhadine infernalis Applicant requests an amendment to (ground beetle, no common name), SUMMARY: The following applicants have an existing permit to conduct presence/ Rhadine persephone (Tooth Cave applied for scientific research permits to absence surveys and enhance ground beetle), Tartarocreagris texana conduct certain activities with propagation for Gila Chub (Gila (Tooth Cave pseudoscorpion), endangered species pursuant to section intermedia) within Arizona. Texamaurops reddelli (Kretschmarr 10(a)(1)(A) of the Endangered Species Cave mold beetle), Texella Act of 1973, as amended. Permit No. TE–841359 cokendolpheri (Cokendolpher cave DATES: To ensure consideration, written Applicant: Gila National Forest, Silver harvestman), Texella reddelli (Bee Creek comments must be received on or before City, New Mexico. Cave harvestman), and Texella reyesi October 5, 2006. Applicant requests an amendment to (Bone Cave harvestman). ADDRESSES: Written comments should an existing permit to conduct presence/ Permit No. TE–122857 be submitted to the Chief, Endangered absence surveys and enhance Species Division, Ecological Services, propagation for Gila Chub (Gila Applicant: Texas State University, San P.O. Box 1306, Room 4102, intermedia) within Arizona. Marcos, Texas. Applicant requests a new permit for Albuquerque, New Mexico 87103. Permit No. TE–122838 Documents and other information research and recovery purposes to submitted with these applications are Applicant: Jennifer Gumm, Bethlehem, collect and survey for Heterelmis available for review, subject to the Pennsylvania. comalensis (Comal Springs riffle beetle) requirements of the Privacy Act and Applicant requests a new permit for within Texas. Freedom of Information Act. Documents research and recovery purposes to Permit No. TE–123070 will be available for public inspection, conduct presence/absence surveys for by appointment only, during normal Leon Springs pupfish (Cyprinodon Applicant: Susana Morales, Tucson, business hours at the U.S. Fish and bovinus) within Texas. Arizona. Wildlife Service, 500 Gold Ave. SW., Applicant requests a new permit for Room 4102, Albuquerque, New Mexico. Permit No. TE–814841 research and recovery purposes to Please refer to the respective permit Applicant: Desert Botanical Gardens, conduct presence/absence surveys for number for each application when Phoenix, Arizona. the following species within Arizona, submitting comments. All comments Applicant requests an amendment to New Mexico, Oklahoma, and Texas: received, including names and an existing permit to conduct presence/ black-capped vireo (Vireo atricapillus),

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cactus ferruginous pygmy-owl Permit No. TE–127287 DEPARTMENT OF THE INTERIOR (Glaucidium brasilianum cactorum), golden-cheeked warbler (Dendroica Applicant: Loren K. Ammerman, San Fish and Wildlife Service chrysoparia), interior least tern (Sterna Angelo, Texas. Proposed Safe Harbor Agreement for antillarum), lesser long-nosed bat Applicant requests a new permit for (Leptonycteris curasoae yerbabuenae), the California Red-Legged Frog for research and recovery purposes to Landowners Restoring Aquatic and northern aplomado falcon (Falco conduct surveys, mist-net and collect femoralis septentrionalis), piping plover Riparian Habitat in the Cottonwood tissue samples for Mexican long-nosed Creek Watershed in Shasta and (Charadrius melodus), red-cockaded bat (Leptonycteris nivalis) within Big woodpecker (Picoides borealis), Tehama Counties, California Bend National Park, Texas. southwestern willow flycatcher AGENCY: Fish and Wildlife Service, (Empidonax traillii extimus), Yuma Permit No. TE–039139 Interior. clapper rail (Rallus longirostris ACTION: Applicant: Bat Conservation Notice of availability; receipt of yumanensis), and Houston toad (Bufo application. houstonensis). International, Austin, Texas. SUMMARY: This notice advises the public Permit No. TE–009792 Applicant requests an amendment to an existing permit for research and that the Cottonwood Creek Watershed Applicant: The Arboretum at Flagstaff, recovery purposes to conduct surveys, Group (Applicant) has applied to the Flagstaff, Arizona. capture, light tag and zip-line for lesser U.S. Fish and Wildlife Service (Service) Applicant requests an amendment to for an enhancement of survival permit long-nosed bat (Leptonycteris curasoae an existing permit to conduct presence/ pursuant to Section 10(a)(1)(A) of the yerbabuenae) within Texas. absence surveys and to collect seed and/ Endangered Species Act of 1973, as or cuttings for Astragalus humillimus Permit No. TE–129406 amended (Act). The permit application (Mancos milk-vetch) within New includes a proposed Safe Harbor Mexico and Colorado. Applicant: Gill Michael Sorg, Las Agreement (Agreement) between the Cruces, New Mexico. Applicant and the Service for the Permit No. TE–028605 Applicant requests a new permit for threatened California red-legged frog Applicant: SWCA Environmental research and recovery purposes to (CRLF) (Rana aurora draytonii). The Consultants, Flagstaff, Arizona. Agreement and permit application are conduct presence/absence surveys for available for public comment. Applicant requests an amendment to northern aplomado falcon (Falco an existing permit to allow presence/ DATES: femoralis septentrionalis) within Written comments should be absence surveys for the following received on or before October 5, 2006. Arizona and New Mexico. species throughout their respective ADDRESSES: Comments should be ranges in Arizona, New Mexico, and Permit No. TE–006655 addressed to Shannon Holbrook, U.S. Texas: black-footed ferret (Mustela Fish and Wildlife Service, Sacramento nigripes), Hualapai Mexican vole Applicant: Logan Simpson Design, Fish and Wildlife Office, 2800 Cottage (Microtus mexicanus hualpaiensis), Tempe, Arizona. Way, W–2605, Sacramento, California lesser long-nosed bat (Leptonycteris Applicant requests an amendment to 95825. Written comments may be sent curasoae yerbabuenae), Mexican long- an existing permit to conduct presence/ by facsimile to (916) 414–6712. nosed bat (Leptonycteris nivalis), Mount absence surveys and enhance FOR FURTHER INFORMATION CONTACT: Ms. Graham red squirrel (Tamiasciurus propagation for Gila Chub (Gila Shannon Holbrook, Sacramento Fish hudsonicus grahamensis), Yuma intermedia) within Arizona. and Wildlife Office (see ADDRESSES); clapper rail (Rallus longirostris telephone: (916) 414–6600. yumanensis), Gila chub (Gila Permit No. TE–130663 SUPPLEMENTARY INFORMATION: intermedia), Sonoran tiger salamander (Ambystoma tigrinum stebbinsi), and Applicant: Hermosa Montessori Charter Availability of Documents Virgin River chub (Gila robusta School, Tucson, Arizona. You may obtain copies of the semidnuda). Applicant requests a new permit for documents for review by contacting the Permit No. TE–088197 research and recovery purposes to individual named above. You may also monitor and enhance propogation for make an appointment to view the Applicant: High Mesa Research, Arroyo documents at the above address during Seco, New Mexico. Gila topminnow (Poeciliopsis occidentalis) and desert pupfish normal business hours. Applicant requests an amendment to (Cyprinodon macularius) as well as an existing permit to conduct presence/ Background providing management of holding absence surveys for southwestern Under a Safe Harbor Agreement, willow flycatcher (Empidonax traillii facilities within Arizona. participating landowners voluntarily extimus) within New Mexico. Authority: 16 U.S.C. 1531, et seq. undertake management activities on Permit No. TE–814933 Dated: August 25, 2006. their property to enhance, restore, or maintain habitat benefiting species Christopher T. Jones, Applicant: Texas Parks and Wildlife listed under the Act. Safe Harbor Department, Austin, Texas. Acting Regional Director, Region 2, Agreements, and the subsequent Applicant requests an amendment to Albuquerque, New Mexico. enhancement of survival permits that an existing permit for research and [FR Doc. 06–7400 Filed 9–1–06 8:45 am] are issued pursuant to Section recovery purposes to conduct surveys, BILLING CODE 4310–55–P 10(a)(1)(A) of the Act (16 U.S.C. 1531 et mist-net and collect tissue samples for seq.), encourage private and other non- Mexican long-nosed bat (Leptonycteris Federal property owners to implement nivalis) within Big Bend National Park, conservation efforts for listed species by Texas. assuring property owners that they will

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not be subjected to increased land use cooperative agreements. Management Environmental Action Statement, which restrictions as a result of efforts to activities that could be included in the is also available for public review. attract or increase the numbers or Cooperative Agreements will provide Individuals wishing copies of the distribution of a listed species on their for the enhancement, restoration, and/or permit application, copies of our property. Application requirements and maintenance of aquatic and riparian preliminary Environmental Action issuance criteria for enhancement of habitat. These activities have been Statement, and/or copies of the full text survival permits through Safe Harbor designed to enhance populations of Agreements are found in 50 CFR CRLF by improving breeding habitat, of the Agreement, including a map of 17.22(c). managing vegetation and grazing as the proposed permit area, references, We have worked with the Applicant appropriate, controlling non-native and legal descriptions of the proposed to develop this proposed Programmatic predators, and managing agriculture and permit area, should contact the office Agreement for the conservation of the recreation as appropriate to benefit and personnel listed in the ADDRESSES CRLF in the 603,854-acre Cottonwood populations of CRLF. Take of CRLF section above. Creek Watershed in Shasta and Tehama incidental to the aforementioned If you wish to comment on the permit Counties, California. The properties activities is unlikely; however, it is application or the Agreement, you may subject to this Agreement consist of possible that in the course of such submit your comments to the address approximately 500,000 acres of non- activities or other lawful activities on listed in the ADDRESSES section of this Federal properties within the the enrolled property, a Program document. Comments and materials boundaries of the Cottonwood Creek Participant could incidentally take a received, including names and Watershed, on which habitat for the CRLF, thereby necessitating take addresses of respondents, will be California red-legged frog will be authority under the permit. available for public review, by restored, enhanced, and managed The CRLF relies on a variety of pursuant to a written agreement habitats for various stages of its life appointment, during normal business between the Cottonwood Creek cycle, including pond and riparian hours at the address in the ADDRESSES Watershed Group (CCWG) and a habitat, upland habitat and moist section above and will become part of property owner. refuges. Pre-Agreement conditions the public record, pursuant to section This Agreement provides for the (baseline), consisting of a description 10(c) of the Act. Individual respondents creation of a Program in which private and survey to determine the quantity may request that we withhold their landowners (Program Participants) enter and location of suitable CRLF habitat, home address from the record, which into written cooperative agreements shall be determined for each enrolled we will honor to the extent allowable by with the Applicant pursuant to the property as provided in the Agreement. law. There also may be circumstances in terms of the Agreement, to restore, In order to receive the above assurances which we would withhold from the enhance, and maintain aquatic and regarding incidental take of CRLF, a record a respondent’s identity, as riparian habitat in ways beneficial to the Program Participant must maintain allowable by law. If you wish us to CRLF. Such cooperative agreements will baseline on the enrolled property. The withhold your name and/or address, be for a term of at least 10 years. The Agreement and requested enhancement you must state this prominently at the proposed duration of the Agreement is of survival permit will allow each beginning of your comment. 30 years, and the proposed term of the Program Participant to return to baseline Anonymous comments will not be enhancement of survival permit is 32 conditions after the end of the term of considered. All submissions from years. The permit would run the the 10-year cooperative agreement and organizations or businesses, and from additional 2 years following a prior to the expiration of the 32-year individuals identifying themselves as determination by the Service that the permit, if so desired by the Applicants. representatives or officials of actions identified in the Agreement Consistent with the Service’s Safe organizations or businesses, are were implemented prior to the Harbor Policy (64 FR 32717), the available for public inspection in their Agreement’s expiration. The Agreement proposed Agreement and requested entirety. fully describes the proposed permit also extend certain assurances to management activities to be undertaken those lands that are immediately We will evaluate this permit by Program Participants and the adjacent to lands on which restoration application, associated documents, and conservation benefits expected to be activities occur. To receive such comments submitted thereon to gained for the CRLF. assurances, a neighboring landowner determine whether the permit Upon approval of this Agreement, and must enter into a written agreement application meets the requirements of consistent with the Service’s Safe with the Service that specifies the section 10(a) of the Act and NEPA Harbor Policy published in the Federal baseline conditions on the property. regulations at 40 CFR 1506.6. If we Register on June 17, 1999 (64 FR 32717), This written agreement remains in effect determine that the requirements are the Service would issue a permit to the until the expiration of the 30-year met, we will sign the proposed Cottonwood Creek Watershed Group Agreement between the Applicant and Agreement and issue an enhancement of authorizing take of CRLF by Program the Service and requires the neighboring survival permit under section Participants incidental to the landowner to maintain the baseline 10(a)(1)(A) of the Act to the Applicants implementation of the management conditions established at the start of the for take of the CRLF incidental to activities specified in the cooperative agreement. otherwise lawful activities in agreements, incidental to other lawful Public Review and Comments accordance with the terms of the uses of the properties, including normal Agreement. We will not make our final routine land management activities, The Service has made a preliminary decision until after the end of the 30- and/or to return to pre-Agreement determination that the proposed day comment period and will fully conditions. Agreement and permit application are To benefit the CRLF, Program eligible for categorical exclusion under consider all comments received during Participants will agree to undertake site- the National Environmental Policy Act the comment period. specific management activities, which of 1969 (NEPA). We explain the basis The Service provides this notice will be specified in their written for this determination in an pursuant to section 10(c) of the Act and

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pursuant to implementing regulations maintain habitat benefiting species management activities shall provide for for NEPA (40 CFR 1506.6). listed under the Act. Safe Harbor the restoration and maintenance of an Agreements, and the subsequent existing stock pond. These practices Susan Moore, enhancement of survival permits that have been designed to achieve a high Acting Field Supervisor, Sacramento Fish and are issued pursuant to Section degree of likelihood that the pond will Wildlife Office, Sacramento, California. 10(a)(1)(A) of the Act (16 U.S.C. 1531 et retain water through the rearing season [FR Doc. 06–7402 Filed 9–1–06; 8:45 am] seq.), encourage private and other non- of the CRLF and CTS so as to allow BILLING CODE 4310–55–P Federal property owners to implement metamorphosis of their larvae, conservation efforts for listed species by vegetation and grazing management assuring property owners that they will appropriate to the conservation needs of DEPARTMENT OF THE INTERIOR not be subjected to increased property the species, effective control of non- Fish and Wildlife Service use restrictions as a result of their efforts native predators, and related measures. to attract listed species to their property, The object of such measures is to Proposed Safe Harbor Agreement for or to increase the numbers or enhance the potential of existing stock the California Red-Legged Frog and distribution of listed species already on ponds to serve as effective breeding sites the California Tiger Salamander for their property. Application for the CRLF and CTS while Landowners Restoring and Enhancing requirements and issuance criteria for simultaneously providing water for use Stock Ponds in Alameda County, CA enhancement of survival permits by livestock. Take of CRLF or CTS through Safe Harbor Agreements are incidental to the aforementioned AGENCY: Fish and Wildlife Service, found in 50 CFR 17.22(c). activities is unlikely; however, it is Interior. We have worked with the Applicant possible that in the course of such ACTION: Notice of availability: receipt of to develop this proposed Agreement for activities or other lawful activities on application; request for comments. the conservation of the CRLF and CTS the enrolled property, a Program on private ranches in Alameda County, Participant could incidentally take a SUMMARY: This notice advises the public California. The properties subject to this CRLF or CTS, thereby necessitating take that the Alameda County Resource Agreement consist of those non-Federal authority under the permit. Conservation District (Applicant) has lands in Alameda County, California, on Both the CRLF and CTS rely on a applied to the U.S. Fish and Wildlife which existing stock ponds will be variety of habitats for various stages of Service (Service) for an enhancement of restored and maintained pursuant to a their life cycle, including pond and survival permit pursuant to Section written agreement between the Natural riparian habitat, upland habitat, and 10(a)(1)(A) of the Endangered Species Resources Conservation Service (NRCS) moist refuges. Pre-Agreement conditions Act of 1973, as amended (Act). The and the landowner. (baseline), consisting of the size of permit application includes a proposed This Agreement provides for the existing ponds and riparian habitat, Safe Harbor Agreement (Agreement) creation of a Program in which private acreage of appropriate upland habitat between the Applicant and the Service landowners (Program Participants), who and a characterization and location of for the threatened California red-legged enter into written cooperative moist refuges associated with ponds, frog (CRLF) (Rana aurora draytonii) and agreements with the Applicant pursuant shall be determined for each enrolled the California tiger salamander (CTS) to the terms of the Agreement, will property as provided in the Agreement. (Ambystoma californiense). The restore, enhance, and maintain stock In order to receive the above assurances Agreement and permit application are ponds in ways beneficial to the CRLF regarding incidental take of CRLF and available for public comment. and CTS. Such cooperative agreements will be for a term of at least 10 years. CTS, a Program Participant must DATES: Written comments should be maintain baseline on the enrolled received on or before October 5, 2006. The proposed duration of the Agreement is 50 years, and the proposed property. The Agreement and requested ADDRESSES: Comments should be term of the enhancement of survival enhancement of survival permit will addressed to Shannon Holbrook, U.S. permit is 50 years. The Agreement fully allow each Program Participant to return Fish and Wildlife Service, Sacramento describes the proposed Program, to baseline conditions after the end of Fish and Wildlife Office, 2800 Cottage management activities to be undertaken the term of the 10-year cooperative Way, W–2605, Sacramento, CA 95825, by Program Participants, and the agreement and prior to the expiration of or sent by facsimile to (916) 414–6712. conservation benefits expected to be the 50-year permit, if so desired by the FOR FURTHER INFORMATION CONTACT: Ms. gained for the CRLF and CTS. Applicants. Shannon Holbrook, Sacramento Fish Upon approval of this Agreement, and Consistent with the Service’s Safe and Wildlife Office (see ADDRESSES); consistent with the Service’s Safe Harbor Policy (64 FR 32717 et seq.), the telephone: (916) 414–6600. Harbor Policy published in the Federal proposed Agreement and requested SUPPLEMENTARY INFORMATION: Register on June 17, 1999 (64 FR 32717), permit also extend certain assurances to the Service would issue a permit to the those lands that are immediately Availability of Documents Applicants authorizing take of CRLF adjacent to lands on which restoration You may obtain copies of the and CTS incidental to the activities occur. To receive such documents for review by contacting the implementation of the management assurances, a neighboring landowner individual named above. You may also activities specified in the cooperative must enter into a written agreement make an appointment to view the agreements, incidental to other lawful with the Service that specifies the documents at the above address during uses of the properties, including normal, baseline conditions on the property. normal business hours. routine land management activities, or This written agreement remains in effect to return to pre-Agreement conditions. until the expiration of the 50-year Background To benefit the CRLF and CTS, Agreement between the Applicant and Under a Safe Harbor Agreement, Program Participants will agree to the Service and requires the neighboring participating landowners voluntarily undertake management activities landowner to maintain the baseline undertake management activities on specified in their written cooperative conditions established at the start of the their property to enhance, restore, or agreements with the Applicant. Such agreement.

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Public Review and Comments consider all comments received during (208) 677–6699 or e-mail: _ The Service has made a preliminary the comment period. Scott [email protected]. determination that the proposed The Service provides this notice SUPPLEMENTARY INFORMATION: Windland, Agreement and permit application are pursuant to section 10(c) of the Act and Inc. proposes to construct, operate, and eligible for categorical exclusion under pursuant to implementing regulations maintain a wind-powered electric the National Environmental Policy Act for NEPA (40 CFR 1506.6). generation facility on the ridgeline of of 1969 (NEPA). We explain the basis Susan Moore, Cotterel Mountain, near the towns of for this determination in an Acting Field Supervisor, Sacramento Fish and Albion, Malta, and Burley in south Environmental Action Statement, which Wildlife Office, Sacramento, California. central Idaho. Windland, Inc. has a is also available for public review. [FR Doc. E6–14630 Filed 9–1–06; 8:45 am] development agreement with Shell Individuals wishing copies of the BILLING CODE 4310–55–P Wind Energy, Inc. for this project. permit application, copies of our Four alternatives were analyzed in a preliminary Environmental Action four-year collaborative process to arrive Statement, and/or copies of the full text DEPARTMENT OF THE INTERIOR at the decisions contained in the ROD. of the Agreement, including a map of The approved Cassia Resource the proposed permit area, references, Bureau of Land Management Management Plan Amendment permits and legal descriptions of the proposed the development of a single wind energy permit area, should contact the office [ID 220 5101 ER D025] project as described in Alternative C of and personnel listed in the ADDRESSES the Final Environmental Impact section above. Notice of Availability of the Record of Statement, published in March 2006, If you wish to comment on the permit Decision for the Cotterel Wind Power and in the Plan of Development (POD) application or the Agreement, you may Project and Cassia Resource and environmental protection measures, submit your comments to the address Management Plan Amendment/ which are attached to and made a part listed in the ADDRESSES section of this Environmental Impact Statement of the ROD. document. Comments and materials BLM received eight protests to the AGENCY: Lead Agency—Bureau of Land received, including names and proposed plan amendment, all of which Management, Interior; Cooperating have been resolved. The Governor addresses of respondents, will be Agencies—U.S. Fish and Wildlife available for public review, by determined this project EIS and plan Service, Interior; Bureau of Reclamation, amendment are both consistent with appointment, during normal business Interior; Bonneville Power hours at the address in the ADDRESSES State policy by letter dated May 30, Administration, Energy; Idaho 2006. section above and will become part of Department of Lands; Cassia County the public record, pursuant to section Commissioners; Participating Agency— Dated: July 31, 2006. 10(c) of the Act. Individual respondents Idaho Department of Fish and Game. Kenneth E. Miller, may request that we withhold their Burley Field Office Manager, Bureau of Land home address from the record, which ACTION: Notice of availability of a Record of Decision (ROD). Management. we will honor to the extent allowable by [FR Doc. E6–14647 Filed 9–1–06; 8:45 am] law. There also may be circumstances in SUMMARY: In accordance with the BILLING CODE 4310–GG–P which we would withhold from the Federal Land Policy and Management record a respondent’s identity, as Act of 1976 and the National allowable by law. If you wish us to Environmental Policy Act of 1969, the DEPARTMENT OF THE INTERIOR withhold your name and/or address, Bureau of Land Management announces you must state this prominently at the the availability of the ROD for the Cassia Bureau of Land Management beginning of your comment. Resource Management Plan [MT–066–1220–AL] Anonymous comments will not be Amendment/Environmental Impact considered. All submissions from Statement (EIS) for the Cotterel Wind Notice of Relocation/Change of organizations or businesses, and from Power Project, located in south central Address/Office Closure; Montana individuals identifying themselves as Idaho. The decision contained in the representatives or officials of AGENCY: Bureau of Land Management; ROD is two-fold. It approves both the Interior. organizations or businesses, are amendment to the Cassia Resource ACTION: Notice. available for public inspection in their Management Plan and the issuance of a entirety. right-of-way grant pursuant to Title V of EFFECTIVE DATE: September 15, 2006. We will evaluate this permit the Federal Land Policy and FOR FURTHER INFORMATION CONTACT: June application, associated documents, and Management Act of 1976. comments submitted thereon to Bailey, Lewistown Field Manager, 406/ determine whether the permit ADDRESSES: Copies of the Cotterel Wind 538–1900, BLM Lewistown Field Office, application meets the requirements of Power Project ROD are available upon 920 NE Main Street, Lewistown, section 10(a) of the Act and NEPA request from the Field Office Manager, Montana 59457. regulations. If we determine that the Burley Field Office, Bureau of Land SUPPLEMENTARY INFORMATION: On requirements are met, we will sign the Management, 15 East 200 South, Burley, September 15, 2006, the Bureau of Land proposed Agreement and issue an ID 83318. The document may also be Management’s Fort Benton River enhancement of survival permit under viewed on the following Web site: Management Station, the Fort Benton section 10(a)(1)(A) of the Act to the http://www.id.blm.gov/offices/burley/ Visitor Contact Station and the Fort Applicants for take of the CRLF and index.htm. Benton Law Enforcement Ranger will CTS incidental to otherwise lawful FOR FURTHER INFORMATION CONTACT: move/relocate their offices to the Upper activities in accordance with the terms Scott Barker, Project Manager, Burley Missouri River Breaks National of the Agreement. We will not make our Field Office, Bureau of Land Monument Interpretive Center, at 701 final decision until after the end of the Management, 15 East 200 South, Burley, 7th Street in Fort Benton, Montana 30-day comment period and will fully ID 83318, phone (208) 677–6678, fax 59442. The following business practices

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will be in effect beginning September or faxed comments should be submitted Rockland County 15, 2006. by September 20, 2006. Onderdonk House, 748 Piermont Ave., Piermont, 06000890 (A) The old river management station/ John W. Roberts, office and visitor contact station will Acting Chief, National Register/National Saratoga County close on Friday, September 15, 2006. Historic Landmarks Program. Stillwater United Church, 135 Hudson Ave., There will be no over-the-counter Stillwater, 06000887 transactions or phone business that day. DISTRICT OF COLUMBIA Emergency calls may be directed to the Washington Heights Historic District, Schoharie County Lewistown Field Office at 406/538– (Apartment Buildings in Washington, DC, Bunn—Tillapaugh Feed Mill, 2 High St., 1900. MPS) Bounded by Columbia Rd., N.W., Richmondville, 06000894 19th St. N.W., 18th St. NW., and Florida (B) The physical and shipping/ Ave. NW., Washington, 06000875 Wyoming County mailing addresses for the Fort Benton First Methodist Episcopal Church of Perry, River Management Station will change. INDIANA 35 Covington St., Perry, 06000880 Effective September 18, 2006, all St. Joseph County PUERTO RICO shipments and mail should be sent to: Northside Boulevard Riverwall, (New Deal Lares Municipality Fort Benton River Management Station, Work Relief Projects in St. Joseph County, P.O. Box 1389, Fort Benton, Montana Indiana MPS) 600–1100 Northside Blvd., Hacienda Los Torres, Jct. PR 111 and PR 129, 59442. The physical address for the Fort South Bend, 06000877 Lares, 06000896 Benton River Management Station office Walker Field Shelterhouse, 1305 Ewing Ave., San Juan Municipality facilities will be 701 7th Street, Fort South Bend, 06000876 Benton, Montana, 59442. Edificio Moragon, 354 Ponce de Leon Ave., MARYLAND San Juan, 06000897 (C) The main office telephone number Frederick County for the Fort Benton River Management VERMONT Station will remain the same: 406/622– Routzahn—Miller Farmstead, 9117 Frostown Orleans County Rd., Middletown, 06000878 4000. Newport Downtown Historic District, Main, (D) The BLM’s Fort Benton River NEVADA Coventry, Central, Secon, Summer, Third, School, Bayview, Eastern, Field, Seymour, Management Station will resume full Washoe County Fyfe, Newport, 06000898 services on Monday, September 18, Robison House, 409 13th St., Sparks, 2006, at 701 7th Street in Fort Benton, 06000895 WEST VIRGINIA MT 59442. The office hours at the River Braxton County Management Station will remain the NEW JERSEY Smith, Michael, House, End of Cty Rte 5/11, same: 8 a.m. through 5 p.m.; Monday Essex County through Friday, except on Federally 1 mi. from jct. Cty Rte. 19/26, Cedarville, Hall Street School, 30 Hall St., Monroe 06000902 designated holidays. Township, 06000879 Dated: August 21, 2006. Brooke County NEW YORK Michael P. Stewart, Reeves, John C., House, 100 Reeves Dr., Wellsburg, 06000903 Associate Lewistown Field Manager. Broome County [FR Doc. E6–14666 Filed 9–1–06; 8:45 am] Hawleyton Methodist Episcopal Church, Old, Cabell County 923 Hawleyton Rd., Hawleyton, 06000893 BILLING CODE 4310–$$–P Elk River Coal and Lumber Company #10 Kilmer, Jonas M., House, 9 Riverside Dr., ≤ Steam Locomotive, Jct. of Veteran’s Binghamton, 06000885? Memorial Blvd. and 11th St., Huntington, County 06000901 DEPARTMENT OF THE INTERIOR St. Margaret’s Home, 7260 South Broadway, Red Hook, 06000883 Logan County National Park Service Jefferson County Chesapeake and Ohio 2755 Steam Locomotive, 500 ft. from jct. of Little National Register of Historic Places; Adams Commercial Historic District, Main Notification of Pending Nominations Buffalo Creek Rd. and Park Rte. 801, and North Main Sts. and portions of East Henlawson, 06000900 and Related Actions and West Church Sts., Adams, 06000882 Monroe County Livingston County Nominations for the following Miller—Pence Farm, 8 mi. W of Jct U.S. 219 properties being considered for listing G.A.R. Memorial Hall, Main St., Hunt, and WV 122, Greenville, 06000899 or related actions in the National 06000888 WISCONSIN Register were received by the National Hall’s Opera Block, 15–19 Genesee St., Avon, Park Service before August 19, 2006. 06000884 Racine County Pursuant to section 60.13 of 36 CFR part Monroe County Racine Rubber Company Homes Historic 60 written comments concerning the First Baptist Church of Fairport, 94 S. Main District, Roughly bounded by Victory Ave., significance of these properties under St., Fairport, 06000892 Republic Ave., Cleveland Ave. and West the National Register criteria for Jayne, William C., House, 183 E. Main St., Boulevard, Racine, 06000904 evaluation may be forwarded by United Webster, 06000891 A request for removal has been made for States Postal Service, to the National Saint Andrew’s Episcopal Church, 95 Averill the following resource: Register of Historic Places, National Ave., Rochester, 06000886 VIRGINIA Park Service, 1849 C St. NW., 2280, Nassau County Norfolk Independent City Washington, DC 20240; by all other Bellerose Village Municipal Complex, 50 carriers, National Register of Historic West, John T., School, 1435 Bolton St., Superior Rd. and Magee Plaza, Bellerose, Norfolk (Independent City), 00000315 Places, National Park Service, 1201 Eye 06000889 St. NW., 8th floor, Washington DC, Gould—Guggenheim Estate, 95 Middle Neck [FR Doc. E6–14609 Filed 9–1–06; 8:45 am] 20005; or by fax, 202–371–6447. Written Rd., Port Washington, 06000881 BILLING CODE 4312–51–P

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DEPARTMENT OF THE INTERIOR Gaylor St. and King St., Mountain View, the former CRI&G RR ROW, Shamrock, 06000906 06000925 National Park Service CALIFORNIA UTAH National Register of Historic Places; Los Angeles County Salt Lake County Notification of Pending Nominations Beverly Hills Women’s Club, 1700 Chevy Murray Downtown Historic District, (Murray and Related Actions Chase Dr., Beverly Hills, 06000914 City, Utah MPS) Roughly bounded by 4800 Sacramento County South, Popkar St., Vine St. and Center St., Nominations for the following Murray, 06000928 properties being considered for listing Fair Oaks Bridge, Old, Crosses America R. at Seventh-day Adventist Meetinghouse and Bridge St. to American R Pkwy, N of Upper School, 1840 S. 800 East, Salt Lake City, or related actions in the National Sunrise Dr. in Gold R, Fair Oaks, 06000913 Register were received by the National 06000930 Sonoma County Walker Bank Building, 175 S. Main St., Salt Park Service before August 26, 2006. Lake City, 06000929 Pursuant to section 60.13 of 36 CFR Part Ellis—Martin House, 1197 E. Washington St., 60 written comments concerning the Petaluma, 06000915 [FR Doc. E6–14612 Filed 9–1–06; 8:45 am] significance of these properties under COLORADO BILLING CODE 4312–51–P the National Register criteria for evaluation may be forwarded by United Adams County States Postal Service, to the National Adams County Courthouse, 22 S 4th Ave., DEPARTMENT OF THE INTERIOR Register of Historic Places, National Brighton, 06000916 Bureau of Reclamation Park Service, 1849 C St., NW., 2280, FLORIDA Washington, DC 20240; by all other Lake County Upper Truckee River Restoration and carriers, National Register of Historic Golf Course Relocation Project, El Places, National Park Service,1201 Eye Edge House, 1218 W. Broad St., Groveland, 06000917 Dorado County, CA St., NW., 8th floor, Washington, DC 20005; or by fax, 202–371–6447. Written Martin County AGENCY: Bureau of Reclamation, or faxed comments should be submitted Trapper Nelson Zoo Historic District, 16450 Interior. by September 20, 2006. SE Federal Hwy., Hobe Sound, 06000918 ACTION: Notice of intent to prepare an environmental impact statement/ John W. Roberts, MAINE environmental impact statement/ Acting Chief, National Register/National Aroostook County environmental impact report (EIS/EIS/ Historic Landmarks Program. Oakfield Grange, #414, 89 Ridge Rd., EIR) and notice of scoping meetings. ARIZONA Oakfield, 06000920 SUMMARY: Pursuant to section 102(2)(c) Maricopa County Cumberland County of the National Environmental Policy Wichenburg—Boetto House, 225 S. Eight Maine Regiment Memorial, 13 Eighth Act (NEPA), the Tahoe Regional Washington St., Wichenburg, 06000912 Main Ave., Peaks Island, 06000919 Planning Agency (TRPA) Compact and ARKANSAS Kennebec County Chapter 5 of the TRPA Code of Ordinances, and the California Arkansas County Clark, Edmund and Rachel, Homestead, Address Restricted, China, 06000921 Environmental Quality Act (CEQA), the Tichnor Rice Dryer and Storage Building, Department of the Interior, Bureau of Waldo County (Mixed Masonry Buildings of Silas Owens, Reclamation (Reclamation), the TRPA, Sr. MPS) 1030 AR 44, Tichnor, 06000911 Ulmer, George, House, 3 S. Cobbtown Rd., and the California Department of Parks Calhoun County Lincolnville, 06000922 and Recreation (State Parks) intend to Hampton Waterworks, (New Deal Recovery SOUTH DAKOTA prepare a joint EIS/EIS/EIR. The EIS/ Efforts in Arkansas MPS) Hunt St., W of Brown County EIS/EIR would evaluate a restoration Lee St., Hampton, 06000909 project along the reach of the Upper US Post Office and Courthouse—Aberdeen, Truckee River that extends from its Chicot County 102 4th Ave. SE, Aberdeen, 06000931 entry point at the southern boundary of Eudora City Hall, (New Deal Recovery Efforts TEXAS Washoe Meadows State Park (SP) to that in Arkansas MPS) 239 S. Main St., Eudora, 06000910 Carson County point just west of U.S. Highway 50 (U.S. 50) where the river exits Lake Valley Clark County Route 66, TX 207 to I–40, (Route 66 in Texas MPS) Texas Farm Rd. 2161, from I–40 to State Recreation Area (SRA). US 67 Rest Area, Old, (New Deal Recovery TX 207, Conway, 06000924 Two public scoping meetings will be Efforts in Arkansas MPS) West side of Old held to solicit comments from interested US 67, approx. 0.5 mi. S of Middleton, Harris County parties to assist in determining the Curtis, 06000907 Farrar, Roy and Margaret, House, 511 Lovett scope of the environmental analysis, Blvd., Houston, 06000923 Ouachita County including the alternatives to be Bearden Waterworks, (New Deal Recovery Matagorda County addressed, and to identify the Efforts in Arkansas MPS) Jct. of N. 2nd and Hensley—Gusman House, 2120 Sixth St., Bay significant environmental issues related N. Cedar, Bearden, 06000908 City, 06000927 to the proposed action. DATES: The public scoping meeting St. Francis County Oldham County dates are: Hughes Water Tower, (New Deal Recovery Vega Motel, (Route 66 in Texas MPS) 1005 • Tuesday, September 26, 2006, 12 to Efforts in Arkansas MPS) Church St., Vega Blvd., Vega, 06000926 2 p.m., U.S. Forest Service (USFS) Lake Hughes, 06000905 Wheeler County Tahoe Basin Management Unit Offices Stone County Route 66 Bridge over the Chicago, Rock in South Lake Tahoe, California. Mountain View Waterworks, (New Deal Island and Gulf Railroad, (Route 66 in • Tuesday, September 26, 2006, 6 to Recovery Efforts in Arkansas MPS) Jct. of Texas MPS)I–40 south frontage road over 8 p.m., USFS Lake Tahoe Basin

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Management Unit Offices in South Lake farming operations. The floodplain golf course on the river’s water quality Tahoe, California. adjacent to the river was also and riparian habitat by integrating In addition, the proposed project will recontoured during the construction of environmentally-sensitive design be an agenda item at the following the Lake Tahoe Golf Course. The concepts. TRPA meetings: channel has incised and is experiencing • Maintain golf recreation • Wednesday, September 13, 2006, high rates of bed and bank erosion. opportunity and quality of play at a TRPA Advisory Planning Commission These historic modifications have championship level. Meeting, TRPA’s Governing Board degraded the ecologic and geomorphic • In the stream environment zone, Room in Stateline, Nevada (See agenda processes and functions of the Upper reduce the area occupied by the golf at http://www.trpa.org/ Truckee River, contributing nutrient and course and improve the quality and default.aspx?tabid=259). suspended sediment discharge to Lake increase the extent of riparian and • Wednesday, September 27, 2006, Tahoe and thus decreasing its clarity. meadow habitat. TRPA Governing Board Meeting, North State Parks owns most of the land • Maintain revenue level of the golf Tahoe Conference Center in Kings adjacent to the river reach downstream course. • Beach, California. (See agenda at of the U.S. 50 bridge crossing at Meyers Avoid any increase in flood hazard (near Chilcothe Street) to the point just to private property. http://www.trpa.org/ • default.aspx?tabid=258). upstream of the Elks Club near the Avoid any increase in safety All comments must be received by intersection of Sawmill Road and U.S. hazards to golf course and other October 6, 2006. 50. The State Parks property includes recreation users. • Provide opportunities for informal, ADDRESSES: Washoe Meadows SP (State Park) and The scoping meetings will non-vehicular recreation. be held at: Lake Valley SRA (State Recreation • USFS Lake Tahoe Basin Area), which includes Lake Tahoe Golf Proposed Action and Alternatives Course. While several other restoration Management Unit Offices, 35 College The proposed restoration project projects are currently being planned for Drive, South Lake Tahoe, CA 96150 would require relocation of a portion of • other reaches of the Upper Truckee Governing Board Room, 128 Market the Lake Tahoe Golf Course to allow for River, the golf course reach was Street, Stateline, NV 89449 restoration of the river, reduce the area • identified as the greatest opportunity for North Tahoe Conference Center, of stream environment zone occupied rehabilitation in the ‘‘Upper Truckee 8318 North Lake Tahoe Boulevard, by the golf course, and allow for River Upper Reach Environmental Kings Beach, CA 96143 establishment of a buffer area between Assessment Report’’ prepared for Written comments on the scope of the the golf course and the river. The Reclamation and the Tahoe Resource environmental document, alternatives, proposed action also includes realigning Conservation District (TRCD), because it and impacts to be considered should be the boundaries of Washoe Meadows SP presents an opportunity for full mailed to Mr. Paul Nielsen, Project and Lake Valley SRA, so restored restoration and there are less constraints Manager, Tahoe Regional Planning habitat areas are within the state park on project planning and implementation Agency, P.O. Box 5310, Stateline, NV and the relocated golf course holes are due to public ownership by State Parks. 89449. If you would like to be included located entirely within the state The Environmental Assessment Report on the EIS/EIS/EIR mailing list, please recreation area. contact Ms. Cyndie Walck by e-mail at recommended four river treatment The following alternatives will be [email protected]. options including: (1) No action, (2) considered at an equal level of detail in FOR FURTHER INFORMATION CONTACT: Ms. hard engineering or engineered the EIS/EIS/EIR: Alternative 1, No Myrnie Mayville, Environmental stabilization, (3) creation of an inset Project/No Action; Alternative 2, Specialist, Bureau of Reclamation, Mid- floodplain and, (4) full geomorphic Geomorphic Restoration with 18-hole Pacific Region, 2800 Cottage Way, Room restoration. Three of the four Golf Course (Proposed Action); E–2606, Sacramento, CA, 95825–1898, alternatives to be analyzed in this EIS/ Alternative 3, Geomorphic Restoration (916) 978–5037; Mr. Paul Nielsen at the EIS/EIR were derived from these with 9-hole Golf Course; and Alternative above address or (775) 588–4547 ext. original alternatives. 4, Engineered Stabilization (In Place). 249, [email protected]; or Ms. Cyndie Goals and Objectives With Alternative 1, existing conditions Walck, State of California Department of The following goals and objectives on the project site would be projected Parks and Recreation, Sierra District, were developed for the proposed action: into the future. Alternative 2 would P.O. Box 16, Tahoe City, CA, 96145, • Restore, to the extent feasible, include restoring the channel to a (530) 581–0925, [email protected]. natural geomorphic processes that natural balanced condition that SUPPLEMENTARY INFORMATION: sustain channel and floodplain improves geomorphic function and habitat, relocating a portion of the Lake Background morphology. • Restore, to the extent feasible, Tahoe Golf Course holes to the west side The Upper Truckee River has been ecosystem function in terms of of the river, reconfiguring and substantially altered by land practices ecological processes and aquatic and upgrading the remaining golf course since European settlement in the Lake riparian habitat quality. holes on the east side of the river, Tahoe Basin. Comstock Era timber • Reduce erosion and improve water restoring the riparian/floodplain area harvest activities increased erosion and quality including reduction of the where the golf course holes would be flooding, and the transport of logs on reach’s contribution of suspended removed from the river corridor, the river required straightening of the sediment and nutrient loading in the removing the golf course bridges that channel. Farming and ranching Upper Truckee River and Lake Tahoe. cross the Upper Truckee River and practices further altered the channel and • Minimize and mitigate short-term replacing them with a single bridge surrounding floodplain. In many water quality and other environmental crossing near the existing Hole 6 Bridge, locations, particularly in the lower impacts during construction. and revising park unit boundaries and portion of the reach downstream of • Improve the golf course layout, ‘‘trading’’ land between Washoe Meyers, the channel was straightened infrastructure, and management to Meadows SP and Lake Valley SRA by and enlarged to protect or improve reduce the environmental impact of the realigning their boundaries. Alternative

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3 would include the same river Dated: August 29, 2006. opinions to the Secretary of Commerce treatment as with Alternative 2, Michael Nepstad, on or before September 28, 2006). reconfiguring and upgrading a 9-hole Acting Regional Environmental Officer, Mid- 5. Outstanding action jackets: none. golf course on the east side of the river, Pacific Region. In accordance with Commission and eliminating all golf course bridges. [FR Doc. E6–14625 Filed 9–1–06; 8:45 am] policy, subject matter listed above, not Alternative 4 would install bank BILLING CODE 4310–MN–P disposed of at the scheduled meeting, protection (rip rap) and grade controls may be carried over to the agenda of the (rock weirs) that ‘‘lock’’ the river in its following meeting. current alignment and elevation, INTERNATIONAL TRADE Issued: August 31, 2006. incorporate bioengineering with native COMMISSION By order of the Comission. riparian vegetation, include selection of [USITC SE–06–053] Marilyn R. Abbott, treatment areas to stabilize the river and Secretary to the Commission. minimize erosion, and leave the existing Government in the Sunshine Act [FR Doc. 06–7451 Filed 8–31–06; 2:29 pm] 18-hole golf course unchanged. Meeting; Rescheduling of Government BILLING CODE 7020–02–M Potential Federal involvement may in the Sunshine Meeting include the approval of the proposed AGENCY HOLDING THE MEETING: action and partial funding of the river United DEPARTMENT OF LABOR restoration component of the proposed States International Trade Commission. action. ORIGINAL DATE AND TIME: September 1, Employment and Training 2006 at 9:30 a.m. Administration Additional Information NEW DATE AND TIME: September 6, 2006 [TA–W–59,845] The environmental review will be at 1 p.m. conducted pursuant to NEPA, CEQA, PLACE: Room 101, 500 E Street, SW., Airtex Products, Marked Three, AR; TRPA’s Compact and Chapter 5 of the Washington, DC 20436, Telephone: Notice of Termination of Investigation (202) 205–2000. TRPA Code of Ordinances, the Federal Pursuant to Section 221 of the Trade and state Endangered Species Acts, and STATUS: Open to the public. Act of 1974, an investigation was other applicable laws, to analyze the In accordance with 19 CFR initiated on August 4, 2006 in response potential environmental impacts of 201.35(d)(1), the Commission has to a petition filed by the Department of implementing a range of feasible determined to change the day and time Workforce Services of the State of alternatives. Public input on the range for the meeting of September 1, 2006 at Arkansas on behalf of workers at Airtex of alternatives proposed for detailed 9:30 a.m. to September 6, 2006 at 1 p.m. Products, Marked Three, Arkansas. consideration will be sought through the All agenda items remain the same. The petitioners have requested that public scoping process. Earlier notice of this change was not the petition be withdrawn. possible. The EIS/EIS/EIR will assess potential Consequently, the investigation has impacts to any Indian Trust Assets Issued: August 31, 2006. been terminated. (ITAs). Input about concerns or issues By order of the Commission. Signed in Washington, DC, this 24th day of related to ITAs is requested from Marilyn R. Abbott, August 2006. potentially affected Federally- Secretary to the Commission. Elliott S. Kushner, recognized Indian Tribes and individual [FR Doc. 06–7450 Filed 8–31–06; 2:29 pm] Certifying Officer, Division of Trade Indians. BILLING CODE 7020–02–M Adjustment Assistance. Our practice is to make comments, [FR Doc. E6–14594 Filed 9–1–06; 8:45 am] including names, home addresses, home BILLING CODE 4510–30–P phone numbers, and e-mail addresses of INTERNATIONAL TRADE respondents, available for public COMMISSION review. Individual respondents may [USITC SE–06–052] DEPARTMENT OF LABOR request that we withhold their names Government in the Sunshine Act Employment and Training and/or home addresses, etc., but if you Administration wish us to consider withholding this Meeting Notice information you must state this [TA–W–58,985] AGENCY HOLDING THE MEETING: prominently at the beginning of your United States International Trade Commission. comments. In addition, you must Bristol Compressors, a Subsidiary of present a rationale for withholding this TIME AND DATE: September 12, 2006 at 11 York International, a Johnson Controls information. This rationale must a.m. Company, Bristol, VA; Amended Certification Regarding Eligibility To demonstrate that disclosure would PLACE: Room 101, 500 E Street, SW., Apply for Worker Adjustment constitute a clearly unwarranted Washington, DC 20436, Telephone: Assistance and Alternative Trade invasion of privacy. Unsupported (202) 205–2000. Adjustment Assistance assertions will not meet this burden. In STATUS: Open to the public. the absence of exceptional, MATTERS TO BE CONSIDERED: In accordance with Section 223 of the documentable circumstances, this 1. Agenda for future meetings: none. Trade Act of 1974 (19 U.S.C. 2273), and information will be released. We will 2. Minutes. Section 246 of the Trade Act 1974 (26 always make submissions from 3. Ratification List. U.S.C. 2813), as amended, the organizations or businesses, and from 4. Inv. No. 731–TA–683 (Second Department of Labor issued a individuals identifying themselves as Review) (Fresh Garlic from China)— Certification of Eligibility to Apply for representatives or officials of briefing and vote. (The Commission is Worker Adjustment Assistance and organizations or businesses, available currently scheduled to transmit its Alternative Trade Adjustment for public inspection in their entirety. determination and Commissioners’ Assistance on June 30, 2006, applicable

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to workers of Bristol Compressors, a Signed in Washington, DC, this 24th day of subject firm purchases coincided with subsidiary of York International, a August 2006. the subject firm’s sales decline. Johnson Controls Company, Bristol, Elliott S. Kushner, In accordance with Section 246 the Virginia. The notice was published in Certifying Officer, Division of Trade Trade Act of 1974 (26 U.S.C. 2813), as Adjustment Assistance. the Federal Register on July 17, 2006 amended, the Department of Labor (71 FR 40550). [FR Doc. E6–14593 Filed 9–1–06; 8:45 am] herein presents the results of its At the request of the State agency, the BILLING CODE 4510–30–P investigation regarding certification of Department reviewed the certification eligibility to apply for alternative trade for workers of the subject firm. The DEPARTMENT OF LABOR adjustment assistance (ATAA) for older workers are engaged in the production workers. of compressors. Employment and Training In order for the Department to issue New findings show that there was a Administration a certification of eligibility to apply for previous certification, TA–W–53,659, [TA–W–59,436] ATAA, the group eligibility issued on January 7, 2004, for workers requirements of Section 246 of the of Bristol Compressors, Inc., a Jacquard, LLC, Burlington House Trade Act must be met. The Department subsidiary of York International Division, Cliffside, NC; Notice of has determined in this case that the Corporation, Bristol, Virginia who were Revised Determination on requirements of Section 246 have been engaged in employment related to the Reconsideration met. production of compressors. That certification expires January 7, 2006. To On July 20, 2006, the Department A significant number of workers at the avoid an overlap in worker group issued an Affirmative Determination firm are age 50 or over and possess coverage, the certification is being Regarding Application on skills that are not easily transferable. amended to change the impact date Reconsideration applicable to workers Competitive conditions within the from March 2, 2005 to January 8, 2006, and former workers of the subject firm. industry are adverse. for workers of the subject firm. The notice was published in the Federal The investigation further revealed that Register on July 31, 2006 (71 FR 43214). The amended notice applicable to TA- the workers of the subject firm were The initial investigation resulted in a W–58,985 is hereby issued as follows: certified eligible to apply for trade negative determination signed on June adjustment assistance as adversely All workers of Bristol Compressors, a 13, 2006 based on the finding that the affected secondary workers as suppliers subsidiary of York International, a Johnson subject firm did not separate or threaten of jacquard fabric to a trade certified Controls Company, Bristol, Virginia, who to separate a significant number or customer, under petition number TA– became totally or partially separated from proportion of workers as required by employment on or after January 8, 2006, W–54,813, which expired on May 21, Section 222 of the Trade Act of 1974. 2006. through June 30, 2008, are eligible to apply Significant number or proportion of the for adjustment assistance under Section 223 Conclusion of the Trade Act of 1974 and are also eligible workers in a firm or appropriate to apply for alternative trade adjustment subdivision thereof, means that at least three workers with a workforce of fewer After careful review of the facts assistance under Section 246 of the Trade Act obtained in the investigation, I of 1974. than 50 workers or 5 percent of the workers with a workforce of 50 or more. determine that increases of imports of Signed at Washington, DC, this 29th day of The denial notice was published in the articles like or directly competitive with August 2006. Federal Register on July 14, 2006 (71 FR jacquard fabric produced at Jacquard, Elliott S. Kushner, 40158). LLC, Burlington House Division, Certifying Officer, Division of Trade In the request for reconsideration, the Cliffside, North Carolina contributed Adjustment Assistance. petitioner provided additional importantly to the total or partial [FR Doc. E6–14591 Filed 9–1–06; 8:45 am] information regarding the subject firm’s separation of workers and to the decline BILLING CODE 4510–30–P employment numbers and requested an in sales or production at that firm or investigation relating to the fact that a subdivision. In accordance with the significant number or proportion of provisions of the Act, I make the DEPARTMENT OF LABOR workers at the subject firm are following certification: threatened to become separated from Employment and Training All workers of Jacquard, LLC, Burlington employment. Administration House Division, Cliffside, North Carolina, A review of the additional who became totally or partially separated information determined that the from employment on or after May 22, 2006 [TA–W–59,765] workers of the subject firm may be through two years from the date of this eligible for Trade Adjustment certification, are eligible to apply for Indiana Tube Corporation, Evansville, Assistance on the basis of an adjustment assistance under Section 223 of IN; Notice of Termination of employment decline that took place the Trade Act of 1974, and are eligible to Investigation during the period relevant to the apply for alternative trade adjustment investigation and threats of further assistance under Section 246 of the Trade Act Pursuant to Section 221 of the Trade separations in the coming months; of 1974. Act of 1974, an investigation was furthermore, sales and production initiated on July 21, 2006 in response to Signed at Washington, DC, this 29th day of decreased during the relevant period. August 2006. a petition filed by a company official on The Department conducted a survey behalf of workers at Indiana Tube of subject firm’s major declining Elliott S. Kushner, Corporation, Evansville, Indiana. customers, which revealed customers Certifying Officer, Division of Trade The petitioner has requested that the increased their reliance on jacquard Adjustment Assistance. petition be withdrawn. Consequently, fabric during the relevant period. [FR Doc. E6–14592 Filed 9–1–06; 8:45 am] the investigation has been terminated. Additionally, the customers’ declines in BILLING CODE 4510–30–P

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DEPARTMENT OF LABOR ‘‘articles’’ created by Merrill and, As stated in the USCIT’s Gale consequently, there cannot be any opinion, TAA is only available to Employment and Training increased imports of such articles. workers in a firm engaged in production Administration In the Department’s Lands’ End of an article. One significant factor that [TA–W–52,050] determination, the Department stated distinguishes a production firm from a that ‘‘the Department has revised its service firm is that the former operates Merrill Corporation, St. Paul, MN; policy to acknowledge that there are commercially as a manufacturing firm Notice of Negative Determination on tangible and intangible articles and to and generates its revenue from the sale Remand clarify differences between intangible of the manufactured articles; the articles and services * * * Products manufacturer is in the business of On May 17, 2006, the United States that would have been considered an making and selling an article. This is in Court of International Trade (USCIT) article if embodied in a physical contrast to a service firm that operates remanded Former Employees of Merrill medium will now be considered an commercially as a service provider and Corporation v. Elaine Chao, U.S. article * * * Workers providing generates its revenue from the provision Secretary of Labor, Court No. 03–00662, services that may result in the of services. That an article is created to the Department of Labor (Department) incidental production * * * however, incidental to the provision of the service for further investigation, in light of the are not engaged in the production of an does not make the service firm a Department’s Notice of Revised article for the purposes of the Act.’’ (71 production firm. Determination on Remand for Lands’ FR 18357) A commercial tax preparation firm End, A Subsidiary of Sears Roebuck and Applying the revised policy to the that prepares and files tax forms with Company, Business Outfitters CAD immediate case, the Department the Internal Revenue Service is in the Operations, Dodgeville, Wisconsin determines that Merrill provides a business of providing tax-related (Lands’ End), TA–W–56,688 (issued on service, incidental to which Plaintiffs services for a fee. The firm simply March 24, 2006). produce an intangible article. Under the receives data from its client and places Plaintiffs, workers of Merrill revised policy, however, the incidental it into a format acceptable to the Corporation, St. Paul, Minnesota production of an article does not change government. That the service may result (Merrill), created electronic documents the Department’s treatment of workers in the creation of an article, a tax return, for clients for filing with the U.S. who work for a firm that produces an does not make it a production firm. The Securities and Exchange Commission article incidental to providing a service. tax preparation firm is not selling its (SEC). Plaintiffs lost their jobs when Rather, the Lands’ End determination customers a tax return; rather, it is Merrill shifted that work to India. The reinforces this policy (‘‘Workers selling its expertise in correctly details of Merrill’s business activities providing services that may result in the manipulating the customer’s tax data and the Plainitffs’ responsibilities can incidental production * * * are not into the proper form. Similarly, Merrill be found in the Federal Register notices engaged in the production of an article is in the business of providing financial cited below. for the purposes of the Act’’). document related services for a fee. It The Department’s Notice of Negative The Department has consistently held receives data from its clients and Determination Regarding Eligibility to that workers who work for a firm that reformats it in a form acceptable to the Apply for Worker Adjustment provides a service, such as sales and government. The fact that its services Assistance for the workers of Merrill repair, are not eligible for TAA benefits. may result in the incidental production was issued on July 2, 2003 and The Department’s policy was recently of an article, an SEC filing, does not published in the Federal Register on upheld by the USCIT in Former make Merrill a production firm. July 22, 2003 (68 FR 43373). The Notice Employees of Gale Group, Inc., 403 Even if the Plaintiffs did produce an of Negative Determination on Remand F.Supp.2d 1299 (CIT 2005).1 In the Gale article for purposes of the Trade Act, for workers of Merrill was issued on opinion, the USCIT established that they would not be eligible to apply for April 2, 2004 and published in the workers in a service firm are not eligible TAA because there was neither a shift Federal Register on April 16, 2004 (69 to apply for benefits under the Trade of production to a qualified country nor FR 20645). In both determinations, the Act. Id. at 1303. increased imports of articles like or Department denied the workers During the third remand directly competitive with those eligibility to apply for Trade Adjustment investigation, the Department confirmed produced at the subject facility. Assistance (TAA) because Merrill does that the subject workers manipulate Under the Department’s interpretation not produce an ‘‘article’’ within the information into a format required for of ‘‘like or directly competitive,’’ (29 meaning of the Trade Act of 1974. filing with the SEC and that Merrill does CFR 90.2) ‘‘like’’ articles are those On November 17, 2005, the not generate revenue by the sale of the articles which are substantially identical Department issued a Notice of Negative filings. The Department also confirmed in inherent or intrinsic characteristics Determination on Reconsideration on that the filings created by the subject and ‘‘directly competitive’’ articles are Remand for workers of Merrill. The workers adhere to the customer’s those articles which are substantially Notice was published in the Federal specifications and accommodate the equivalent for commercial purposes Register on December 7, 2005 (70 FR special needs dictated by the SEC. SSAR (essentially interchangeable and 72857). The Department determined 8, 18. adapted to the same uses), even though that the workers are not eligible to apply the articles may not be substantially for TAA because Merrill does not 1 The Plaintiffs in Gale appealed the decision to identical in their inherent or intrinsic produce an ‘‘article’’ since electronic the United States Court of Appeals for the Federal characteristics. Circuit. Upon further investigation, after the Lands creations are not ‘‘articles’’ unless they End determination, the Department concluded that Given the nature of the SEC filings, are embodied in a physical medium. Gale Group, Inc. produced an article, not incidental there are no articles which are ‘‘like’’ or The Department also determined that to the provision of a service. The Department ‘‘directly competitive’’ to any single even if Merrill produced an ‘‘article,’’ sought a remand and certified the plaintiffs. See ‘‘article’’ created by Merrill because Notice of Revised Determination on Remand for the uniqueness of each filing means that Gale Group, Inc., TA–W–54, 434 (July 19, 2006). each electronic file is a unique there cannot be any articles which are The Department’s decision in Gale was not a document. Thus, there are no articles like or directly competitive with the repudiation of the USCIT’s decision in Gale. which are essentially interchangeable or

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can be adapted to the same use as a Exploration Program (MEP). The DEIS Division, Science Mission Directorate, Merrill document, and there are no presents descriptions of the proposed Attn: Receiving & Inspection (Rear of articles ‘‘like or directly competitive’’ MSL mission, spacecraft, and candidate Building), NASA Headquarters, 300 E with any Merrill ‘‘article.’’ Because launch vehicle; an overview of the Street SW., Washington, DC 20024– there are no articles which are like or affected environment at and near the 3210. While hard copy comments are directly competitive with those launch site; and the potential preferred, comments may be sent by produced by the subject company, there environmental consequences associated electronic mail to cannot be any imports, much less with the Proposed Action and [email protected]. increased imports. Therefore, neither alternatives, including the No Action The DEIS may be reviewed at the Section 222(a)(2)(A) nor Section Alternative. following locations: 222(a)(2)(B) of the Trade Act, as The MSL mission is planned for (a) NASA Headquarters, Library, amended, has been satisfied. launch during the September–November Room 1J20, 300 E Street, SW., The Department determines that the 2009 time period from Cape Canaveral Washington, DC 20546; revised policy articulated in Lands’ End Air Force Station (CCAFS), Florida, on (b) Jet Propulsion Laboratory, Visitors does not affect Plaintiffs’ claim and an expendable launch vehicle. The Lobby, Building 249, 4800 Oak Grove determines that the subject workers are arrival date at Mars would range from Drive, Pasadena, CA 91109. not eligible to apply for TAA. mid-July 2010 to not later than mid- Hard copies of the DEIS also may be October 2010, depending on the exact Conclusion examined at other NASA Centers (see launch date and selected landing site, SUPPLEMENTARY INFORMATION below). After reconsideration on remand, I yet to be determined, on the surface of Limited hard copies of the DEIS are affirm the original notice of negative Mars. Using advanced instrumentation, available, on a first request basis, by determination of eligibility to apply for the MSL rover would acquire contacting Mark R. Dahl at the address, adjustment assistance for workers and significant, detailed information telephone number, or electronic mail former workers of Merrill Corporation, regarding the habitability of Mars from address indicated herein. The DEIS is St. Paul, Minnesota. a scientifically promising location on also available in Adobe portable Signed at Washington, DC, this 24th day of the surface. The mission would also document format at http:// August 2006. fulfill NASA’s strategic technology goals spacescience.nasa.gov/admin/pubs/ Elliott S. Kushner, of increasing the mass of science msl/index.htm. payloads delivered to the surface of Certifying Officer, Division of Trade FOR FURTHER INFORMATION CONTACT: Adjustment Assistance. Mars, expanding access to higher and Mark R. Dahl, Planetary Science [FR Doc. E6–14590 Filed 9–1–06; 8:45 am] lower latitudes, increasing precision landing capability, and increasing Division, Science Mission Directorate, BILLING CODE 4510–30–P traverse capability (mobility) to NASA Headquarters, Washington, DC distances on the order of several 20546–0001, telephone 202–358–4800, kilometers. or electronic mail NATIONAL AERONAUTICS AND The DEIS evaluates two alternatives [email protected]. SPACE ADMINISTRATION in addition to the No Action SUPPLEMENTARY INFORMATION: The MEP [Notice (06–063)] Alternative. Under the Proposed Action is currently being implemented as a (Alternative 1), the proposed MSL rover sustained series of flight missions to National Environmental Policy Act; would utilize a radioisotope power Mars, each of which will provide Mars Science Laboratory Mission system, a Multi-Mission Radioisotope important, focused scientific return. The AGENCY: National Aeronautics and Thermoelectric Generator (MMRTG), as MEP is fundamentally a science driven Space Administration (NASA). its primary source of electrical power to program whose focus is on operate and conduct science on the ACTION: understanding and characterizing Mars Notice of availability of draft surface of Mars. Under Alternative 2, an environmental impact statement (DEIS) as a dynamic system and ultimately MSL rover would utilize solar energy as addressing whether life is or was ever a for implementation of the Mars Science its primary source of electrical power to Laboratory (MSL) mission. part of that system. The core MEP operate and conduct science on the addresses the highest priority scientific SUMMARY: Pursuant to the National surface of Mars. investigations directly related to the Environmental Policy Act of 1969, as DATES: Written comments on the DEIS Program goals and objectives. MSL amended, (NEPA) (42 U.S.C. 4321 et must be received by NASA no later than investigations would be a means of seq.), the Council on Environmental October 23, 2006, or 45 days from the addressing several of the high-priority Quality Regulations for Implementing date of publication in the Federal scientific investigations recommended the Procedural Provisions of NEPA (40 Register of the U.S. Environmental to NASA by the planetary science CFR Parts 1500–1508), and NASA Protection Agency’s notice of community. policy and procedures (14 CFR Part availability of the MSL DEIS, whichever The overall scientific goals of the MSL 1216 subpart 1216.3), NASA has is later. mission can be divided into four areas: prepared and issued a DEIS for the ADDRESSES: Comments submitted via (1) Assess the biological potential of at proposed MSL mission. The DEIS first class, registered, or certified mail least one selected site on Mars, (2) addresses the potential environmental should be addressed to Mark R. Dahl, characterize the geology and impacts associated with implementing Mail Suite 3X63, Planetary Science geochemistry of the landing region at all the mission. The purpose of this Division, Science Mission Directorate, appropriate spatial scales, (3) investigate proposal is to explore the surface of NASA Headquarters, 300 E Street SW., planetary processes of relevance to past Mars with a mobile science laboratory Washington, DC 20546–0001. habitability, and (4) characterize the (rover). This environmental impact Comments submitted via express mail, a broad spectrum of the Martian surface statement (EIS) is a tiered document commercial deliverer, or courier service radiation environment. The following (Tier 2 EIS) under NASA’s should be addressed to Mark R. Dahl, specific objectives are planned for the Programmatic EIS for the Mars Mail Suite 3X63, Planetary Science mission to address these goals:

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—Determine the nature and inventory of mission, and the spacecraft would not —October 10, 2006, from 1 p.m.–4 p.m. organic carbon compounds; be launched. With either the Proposed at the Hyatt Regency Washington on —Inventory the chemical building Action (Alternative 1) or Alternative 2, Capitol Hill; Congressional Room A; blocks of life (carbon, hydrogen, the potentially affected environment for 400 New Jersey Avenue, NW., nitrogen, oxygen, phosphorus, and a normal launch includes the area at Washington, DC 20001. sulfur); and in the vicinity of the launch site, Further information on the public —Identify features that may represent CCAFS in Florida. The environmental meetings can be obtained by contacting the effects of biological processes; impacts of a normal launch of the Mark R. Dahl at the address or —Investigate the chemical, isotopic, and mission for either alternative would be telephone number indicated herein, or mineralogical composition of Martian associated principally with the exhaust by visiting the MSL DEIS Web site at: surface and near-surface geological emissions from the expendable launch http://spacescience.nasa.gov/admin/ materials; vehicle. These effects would include: (1) pubs/msl/index.htm. Advanced —Interpret the processes that have Short-term impacts on air quality within registration for attending any of the formed and modified rocks and the exhaust cloud and near the launch meetings is not required. regolith; pad, and (2) the potential for acidic The FEIS may be examined at the —assess long-timescale (i.e., 4-billion- deposition on the vegetation and surface following NASA locations by contacting year) atmospheric evolution water bodies at and near the launch the pertinent Freedom of Information processes; and complex. Office: —Determine the present state, Potential launch accidents could (a) NASA, Ames Research Center, distribution, and cycling of water and result in the release of some of the Moffett Field, CA 94035 (650–604– carbon dioxide. radioactive material on board the 3273); The proposed MSL mission would spacecraft. The MMRTG planned for use (b) NASA, Dryden Flight Research utilize a rover with advanced on the rover for the Proposed Action Center, Edwards, CA 93523 (661–276– instrumentation to acquire significant (Alternative 1) would use plutonium 2704); detailed information regarding the dioxide, with a radioisotope inventory (c) NASA, Glenn Research Center at habitability of Mars from a scientifically of approximately 58,700 curies, to Lewis Field, Cleveland, OH 44135 (216– promising location. The mission would provide electrical power. For either 433–2813); also fulfill NASA’s strategic technology alternative, two of the science (d) NASA, Goddard Space Flight goals of increasing the mass of science instruments on the rover would use Center, Greenbelt, MD 20771 (301–286– payloads delivered to the surface of small quantities of radioactive material, 4721); Mars, expanding access to higher and totaling approximately two curies, for (e) NASA, Johnson Space Center, lower latitudes, increasing precision instrument calibration or science Houston, TX 77058 (281–483–8612); (f) NASA, Kennedy Space Center, FL landing capability, and increasing experiments. 32899 (321–867–9280); traverse capability (mobility) to The U.S. Department of Energy (DOE), in cooperation with NASA, has (g) NASA, Langley Research Center, distances on the order of several Hampton, VA 23681 (757–864–2497); kilometers. performed a risk assessment of potential accidents for the MSL mission. This (h) NASA, Marshall Space Flight Mobility is essential because evidence Center, Huntsville, AL 35812 (256–544– for past or present life on Mars will very assessment used a methodology refined through applications to the Galileo, 1837); and likely not be so abundant or widespread (i) NASA, Stennis Space Center, MS Ulysses, Cassini, Mars Exploration that it will be available in the immediate 39529 (228–688–2118). Rover, and New Horizons missions. vicinity of the selected landing site. Any person, organization, or DOE’s risk assessment for the proposed Without the mobility necessary to governmental body or agency interested MSL mission indicates that in the event conduct in situ exploration, it may not in receiving a copy of NASA’s Record of of a launch accident the expected be possible to uniquely characterize a Decision after it is rendered should so impacts of released radioactive material target location. indicate by mail or electronic mail to at and in the vicinity of the launch area, The Proposed Action (Alternative 1) Mr. Dahl at the addresses provided and on a global basis, would be small. consists of continuing preparations for above. and implementing the MSL mission to Alternative 2 would not involve any Written public input and comments Mars. The proposed MSL rover would MMRTG-associated radiological risks on alternatives and environmental utilize a MMRTG as its primary source since an MMRTG would not be used for issues and concerns associated with the of electrical power to operate and this mission alternative. proposed Mars Science Laboratory conduct science on the surface of Mars. NASA will hold public comment mission are hereby requested. Under Alternative 2, NASA would meetings during which the public is discontinue preparations for the invited to participate in an open Olga M. Dominguez, Proposed Action (Alternative 1) and exchange of information and submission Assistant Administrator for Infrastructure implement an alternative MSL mission of comments on the DEIS. Each public and Administration. to Mars. The alternative MSL rover meeting will begin with an opportunity [FR Doc. E6–14649 Filed 9–1–06; 8:45 am] would utilize solar energy as its primary for informal discussions with project BILLING CODE 7510–13–P source of electrical power to operate and personnel, followed by a brief NASA conduct science on the surface of Mars. presentation on the MSL mission, and With either the Proposed Action conclude with the submission of formal NATIONAL SCIENCE FOUNDATION (Alternative 1) or Alternative 2, the MSL comments, both written and oral. These spacecraft would be launched on board meetings will be held on: Notice of Intent To Seek Approval To an expendable launch vehicle from —September 27, 2006, from 1 p.m.–4 Establish an Information Collection CCAFS, Florida during the September– p.m. and 6 p.m.–9 p.m. at the Florida AGENCY: National Science Foundation. November 2009 time period. Under the Solar Energy Center; H. George ACTION: Notice and Request for No Action Alternative, NASA would Carrison Auditorium; 1679 Clearlake Comments. discontinue preparations for the MSL Road, Cocoa, Florida 32922;

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SUMMARY: In compliance with the Now NSF seeks follow-up information Washinton, DC 20503. Copies of the requirement of Section 3506(c)(2)(A) of on program graduates to determine request for extension (including the the Paperwork Reduction Act of 1995 whether or not they have continued collection of information) may be for opportunity for public comment on their education in STEM graduate obtained without charge by writing to proposed data collection projects, the programs and/or STEM employment, the Disclosure Division of the Office of National Science Foundation (NSF) will and how the MIE program influence the General Counsel of PBGC at 1200 K publish periodic summaries of proposed their decisions with respect to graduate Street, NW., 11th Floor, Washington, DC projects. school and employment. NSF proposed 20005–4026, or by visiting or calling Comments are invited on (a) Whether a one-time on-line survey of the 931 (202–326–4040) the Disclosure Division the proposed collection of information MIE students who received bachelor’s during normal business hours. (TTY and is necessary for the proper performance degrees in a STEM field from one of the TDD users may call the Federal relay of the functions of the agency, including MIE colleges between 2002 through service toll-free at 1–800–877–8339 and whether the information shall have 2005. ask to be connected to 202–326–4040.) practical utility; (b) the accuracy of the Estimate of Burden: The Foundation FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden of the estimates that, on average, 30 minutes Thomas H. Gabriel, Attorney, proposed collection of information; (c) per respondent will be required to Legislative and Regulatory Department, ways to enhance the quality, utility, and complete the survey, for a total of 465.5 Pension Benefit Guaranty Corporation, clarity of the information to be hours for all respondents. Respondents 1200 K Street, NW., Washington, DC collected; and (d) ways to minimize the from the eight institutions that received 20005–4026, 202–326–4024. (TTY and burden of the collection of information NSF MIE support will complete this TDD users may call the Federal relay on respondents, including through the survey once. service toll-free at 1–800–877–8339 and use of automated collection techniques Respondents: STEM graduates from ask to be connected to 202–326–4024.) or other forms of information MIE programs. SUPPLEMENTARY INFORMATION: An agency Estimated Number of Responses: 931. technology. may not conduct or sponsor, and a Estimates Total Annual Burden on DATES: Written comments on this notice person is not required to respond to, a Respondents: 465.5 hours. must be received by November 6, 2006 collection of information unless it to be assured of consideration. Dated: August 29, 2006. displays a currently valid OMB contorl Comments received after that date will Suzanne Plimpton, number. be considered to the extent practicable. Reports Clearance Officer, National Science The PBGC is requesting that OMB FOR ADDITIONAL INFORMATION OR Foundation. extend its approval, for a three-year COMMENTS: Contact Suzanne Plimpton, [FR Doc. 06–7388 Filed 9–1–06; 8:45 am] period, of a generic collection of Acting Reports Clearance Officer, BILLING CODE 7555–01–M information consisting of customer National Science Foundation, 4201 satisfaction focus groups and surveys Wilson Boulevard, Suite 295, Arlington, (OMB No. 1212–0053; expires October Virginia 22230; telephone 703–292– PENSION BENEFIT GUARANTY 31, 2006). The information collection 7556; or send e-mail to CORPORATION will further the goals of Executive Order [email protected]. Individuals who use 12862, Setting Customer Service a telecommunications device for the Request for Extension of Approval of Standards, which states the Federal deaf (TDD) may call the Federal a Collection of Information Under the Government must seek to provide ‘‘the Information Relay Service (FIRS) at 1– Paperwork Reduction Act; Comment highest quality of service delivered to 800–877–8339 between 8 a.m. to 8 p.m., Request; Customer Satisfaction customers by private organizations Eastern time, Monday through Friday. Surveys and Focus Groups providing a comparable or analogous You also may obtain a copy of the date service.’’ AGENCY: Pension Benefit Guaranty collection instrument and instructions The PBGC uses customer satisfaction Corporation. from Ms. Hines. focus groups and surveys to find out ACTION: Notice of request for extension SUPPLEMENTARY INFORMATION: about the needs and expectations of its of OMB approval. Title of Collection: Model Institutions customers and assess how well it is meeting those needs and expectations. for Excellence Graduates’ Survey. SUMMARY: The Pension Benefit Guaranty By keeping these avenues of OMB Approval Number: 3145–NEW. Corporation is requesting that the Office communication open, the PBGC can Expiration Date of Approval: Not of Management and Budget extend its continually improve service to its Applicable. approval of a collection of information customers, including plan participants Type of Request: Intent to seek under the Paperwork Reduction Act. and beneficiaries, plan sponsors and approval to establish an information The purpose of the information their affiliates, plan administrators, collection for three years. collection, which will be conducted Proposed Project: The Division of pension practitioners, and others through focus groups and surveys over Human Resource Development (EHR/ involved in the establishment, operation a three-year period, is to help the PBGC HRD) of the National Science and termination of plans covered by the assess the efficiency and effectiveness Foundation (NSF) has requested impact PBGC’s insurance program. Because the with which it serves its customers and information on the Model Institutions areas of concern to the PBGC and its to design actions to address identified for Excellence (MIE) Program. Jointly customers vary and may quickly change, problems. funded by NSF and the National it is important that the PBGC have the Aeronautics and Space Administration DATES: Comments should be submitted ability to evaluate customer concerns (NASA), the MIE Program funded eight by October 5, 2006. quickly by developing new vehicles for minority-service undergraduate ADDRESSES: Comments may be mailed to gathering information under this generic institutions to promote under the Office of Information and Regulatory approval. The focus groups and surveys represented minority participation in Affairs of the Office of Management and will provide important information on the fields of science, technology, Budget, Attn: Desk Officer for Pension customer attitudes about the delivery engineering and mathematics (STEM). Benefit Guaranty Corporation, and quality of agency services and will

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be used as part of an ongoing process to designed to eliminate the overlapping In addition, we estimate that improve PBGC programs. regulatory reports required by various approximately 11 brokers or dealers will Participation in the focus groups and self-regulatory organizations and the elect to use Appendix E to Rule 15c3– surveys will be voluntary. The PBGC Commission and to reduce reporting 1 to compute certain of their capital estimates that the annual burden for this burdens as much as possible. The Rule charges (as of June 2006, five brokers or collection of information will total 1,400 also requires the filing of an annual dealers have elected to use Appendix E). hours for 4,200 respondents. The PBGC audited report of financial statements. We estimate that the average amount of further estimates that the cost to The FOCUS Report consists of: (1) time necessary to prepare and file the respondents per burden hour will Part I, which is a monthly report that additional monthly reports that must be average $65, resulting in a total cost of must be filed by brokers or dealers that filed by these firms is about 4 hours per $91,000 ($65 × 1,400). The PBGC will month, or approximately 48 hours per consult with OMB regarding each clear transactions or carry customer securities; (2) one of three alternative year; the average amount of time specific information collection during necessary to prepare and file the the approval period. quarterly reports: Part II, which must be filed by brokers or dealers that clear additional quarterly reports is about 8 On May 8, 2006, the PBGC published hours per quarter, or approximately 32 in the Federal Register a notice of transactions or carry customer securities; Part IIA, which must be filed hours per year; and the average amount intention to request extension of OMB of time necessary to prepare and file the approval of this collection. No by brokers or dealers that do not clear transactions or carry customer additional supplemental reports with comments were received in response to the annual audit required is the notice. securities; and Part IIB, which must be filed by specialized broker-dealers approximately 40 hours per year. Issued at Washington, DC, this 30th day of Consequently, we estimate that the total August 2006. registered with the Commission as OTC derivatives dealers; 2 (3) supplemental additional annual burden for these 11 Cris Birch, brokers or dealers is approximately schedules, which must be filed × Acting Chief Information Officer, Pension annually; and (4) a facing page, which 1,320 hours ((48 + 32 + 40) 11 = Benefit Guaranty Corporation. must be filed with the annual audited 1,320). [FR Doc. 06–7424 Filed 9–1–06; 8:45 am] report of financial statements. Under the The Commission therefore estimates BILLING CODE 7709–01–M Rule, a broker or dealer that computes that the total annual burden under Rule certain of its capital charges in 17a–5 is approximately 435,700 hours accordance with Appendix E to (434,400 + 1,320 = 435,720, rounded to SECURITIES AND EXCHANGE Exchange Act Rule 15c3–1 (17 CFR 435,700). COMMISSION 240.15c3–1e) must file additional Written comments are invited on: (a) monthly, quarterly, and annual reports Proposed Collection; Comment Whether the proposed collection of with the Commission. Request information is necessary for the proper The variation in the size and performance of the functions of the Upon Written Request, Copies Available complexity of brokers and dealers agency, including whether the From: Securities and Exchange subject to Rule 17a–5 and the information shall have practical utility; Commission, Office of Filings and differences in the FOCUS Report forms (b) the accuracy of the agency’s estimate Information Services, Washington, DC that must be filed under the Rule make of the burden of the proposed collection 20549. it difficult to calculate the cost of of information; (c) ways to enhance the Extension: compliance. However, we estimate that, quality, utility, and clarity of the Rule 17a–5; SEC File No. 270–155; OMB on average, each report will require information to be collected; and (d) Control No. 3235–0123. approximately 12 hours. At year-end ways to minimize the burden of the Notice is hereby given that pursuant 2005, the Commission estimates that collection of information on to the Paperwork Reduction Act of 1995 there were approximately 6,200 brokers respondents, including through the use (44 U.S.C. 3501 et seq.), the Securities or dealers, and that of those firms, there of automated collection techniques or and Exchange Commission were approximately 600 brokers or other forms of information technology. (‘‘Commission’’) plans to submit this dealers that clear transactions or carry Consideration will be given to existing collection of information to the customer securities. In addition, comments and suggestions submitted in Office of Management and Budget for approximately 400 firms filed annual writing within 60 days of this extension and approval. reports. The Commission therefore publication. estimates that approximately 600 firms Rule 17a–5 (17 CFR 240.17a–5) is the Comments should be directed to: R. filed monthly reports, approximately basic financial reporting rule for brokers Corey Booth, Director/Chief Information 1 5,600 firms filed quarterly reports, and and dealers. The Rule requires the Officer, Securities and Exchange approximately 400 firms filed annual filing of the Financial and Operational Commission, c/o Shirley Martinson, reports. In addition, approximately Combined Uniform Single Report 6432 General Green Way, Alexandria, 6,200 firms filed annual audited reports. (‘‘FOCUS Report’’) on Form X–17A–5 VA 22312, or by e-mail to As a result, there were approximately (17 CFR 240.15c3–1e), which was the [email protected]. Comments must 36,200 total annual responses ((600 × result of years of study and comments be submitted to the Office of 12) + (5,600 × 4) + 400 + 6,200 = 36,200. by representatives of the securities Management and Budget within 60 days This results in an estimated annual industry through advisory committees of this notice. and through the normal rule proposal burden of 434,400 hours (36,200 annual methods. The FOCUS Report was responses × 12 hours = 434,400). Dated: August 28, 2006. Nancy M. Morris, 1 Rule 17a–5(c) requires a broker or dealer to 2 Part IIB of Form X–17A–5 must be filed by OTC Secretary. furnish certain of its financial information to derivatives dealers under Exchange Act Rule 17a– customers and is subject to a separate PRA filing 12 and is subject to a separate PRA filing (OMB [FR Doc. E6–14596 Filed 9–1–06; 8:45 am] (OMB Control Number 3235–0199). Control Number 3235–0498). BILLING CODE 8010–01–P

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SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE exchange 5 and, in particular, the COMMISSION COMMISSION requirements of Section 6 of the Act 6 and the rules and regulations Sunshine Act Meeting [Release No. 34–54379; File No. SR–CBOE– thereunder. The Commission 2006–66] specifically finds that the proposed rule Notice is hereby given, pursuant to change is consistent with Section 6(b)(5) the provisions of the Government in the Self-Regulatory Organizations; of the Act 7 in that it is designed to Sunshine Act, Pub. L. 94–409, that the Chicago Board Options Exchange, promote just and equitable principles of Securities and Exchange Commission Incorporated; Order Approving a trade, to remove impediments and to will hold the following meeting during Proposed Rule Change Regarding perfect the mechanism of a free and the week of September 5, 2006: Market-Maker Appointments open market and a national market system, and, in general, to protect A closed meeting will be held on August 28, 2006. investors and the public interest. The Thursday, September 7, 2006 at 2 p.m. On July 11, 2006, the Chicago Board Commission believes that the proposal Commissioners, Counsels to the Options Exchange, Incorporated should provide more flexibility to Commissioners, the Secretary to the (‘‘CBOE’’ or ‘‘Exchange’’) filed with the Market-Maker organizations in Commission, and recording secretaries Securities and Exchange Commission structuring class appointments. will attend the closed meeting. Certain (‘‘Commission’’), pursuant to Section It is therefore ordered, pursuant to staff members who have an interest in 19(b)(1) of the Securities Exchange Act Section 19(b)(2) of the Act,8 that the the matters may also be present. of 1934 (‘‘Act’’) 1 and Rule 19b–4 proposed rule change (SR–CBOE–2006– 2 66) is approved. The General Counsel of the thereunder, a proposed rule change to Commission, or his designee, has amend CBOE Rule 8.3 to provide that in For the Commission, by the Division of certified that, in his opinion, one or the event a Market-Maker is a nominee Market Regulation, pursuant to delegated authority.9 more of the exemptions set forth in 5 of a member organization or has Nancy M. Morris, U.S.C. 552b(c)(3), (5), (6), (7), (9)(B) and registered the Market-Maker’s membership for a member organization, Secretary. (10) and 17 CFR 200.402(a)(3), (5), (6), the member organization with which 7(i)(A), (C), (D), and (E), (9)(ii), and (10) [FR Doc. E6–14597 Filed 9–1–06; 8:45 am] the Market-Maker is associated would permit consideration of the scheduled BILLING CODE 8010–01–P be permitted to request that the matters at the closed meeting. Exchange deem all class appointments Commissioner Atkins, as duty officer, be made to the member organization SECURITIES AND EXCHANGE voted to consider the items listed for the instead of to the individual Market- COMMISSION 3 closed meeting in closed session. Maker. In such a case, if an individual [Release No. 34–54378; File No. SR– The subject matters of the closed Market-Maker were no longer associated NASDAQ–2006–032] meeting scheduled for Thursday, with a member organization, the class September 7, 2006 will be: appointments would continue to be Self-Regulatory Organizations; The held by the member organization and NASDAQ Stock Market LLC; Notice of Formal orders of investigation; not the individual Market-Maker. In the Filing of Proposed Rule Change and Institution and settlement of event a member organization did not Amendment No. 1 Thereto To Revise injunctive actions; request that the class appointments be The Nasdaq Capital Market Listing Institution and settlement of held by the member organization, a Requirements administrative proceedings of an Market-Maker’s class appointments would continue to be held in the name EFFECTIVE DATE: August 28, 2006. enforcement nature; of the individual Market-Maker and not Pursuant to Section 19(b)(1) of the Litigation matters; and the member organization with which Securities Exchange Act of 1934 Consideration of amicus participation. the Market-Maker is associated. The (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on August At times, changes in Commission proposed rule change was published for comment in the Federal Register on July 23, 2006, The NASDAQ Stock Market priorities require alterations in the 27, 2006.4 The Commission received no LLC (‘‘Nasdaq’’), filed with the scheduling of meeting items. comments on the proposal. Securities and Exchange Commission For further information and to The Commission finds that the (‘‘Commission’’) the proposed rule ascertain what, if any, matters have been proposed rule change is consistent with change as described in Items I, II, and added, deleted or postponed, please the requirements of the Act and the III below, which Items have been contact: The Office of the Secretary at rules and regulations thereunder prepared by Nasdaq. On August 28, (202) 551–5400. applicable to a national securities 2006, Nasdaq filed Amendment No. 1 to the proposed rule change.3 The Dated: August 30, 2006. 1 15 U.S.C. 78s(b)(1). Nancy M. Morris, 5 In approving this proposed rule change, the 2 Secretary. 17 CFR 240.19b–4. Commission notes that it has considered the 3 If such a request is made by a member [FR Doc. 06–7442 Filed 8–31–06; 8:45 am] proposed rule’s impact on efficiency, competition, organization, CBOE would consider that the and capital formation. 15 U.S.C. 78c(f). BILLING CODE 8010–01–M submission of electronic quotations and orders 6 15 U.S.C. 78f. would be made by and on behalf of the member 7 15 U.S.C. 78f(b)(5). organization with which the individual Market- 8 Maker is associated. However, CBOE proposes that 15 U.S.C. 78s(b)(2). CBOE Rule 8.3 would state that the individual 9 17 CFR 200.30–3(a)(12). Market-Maker would continue to have all of the 1 15 U.S.C. 78s(b)(1). obligations of a Market-Maker under Exchange rules 2 17 CFR 240.19b–4. in these circumstances. 3 In Amendment No. 1, Nasdaq makes clarifying 4 See Securities Exchange Act Release No. 54184 changes to the rule text in the Nasdaq Capital (July 20, 2006), 71 FR 42690. Continued

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Commission is publishing this notice to (8) Reserved shall be a principal amount outstanding solicit comments on the proposed rule (9) Reserved of at least $10 million. change, as amended, from interested (10)—(39) No change. (B) In addition, for the initial listing persons. (b)—(c) No change. of convertible debt, one of the following conditions must be satisfied: I. Self-Regulatory Organization’s * * * * * (i) the issuer of the debt must have an Statement of the Terms of the Substance 4310. Listing Requirements for equity security that is listed on Nasdaq, of the Proposed Rule Change Domestic and Canadian Securities the American Stock Exchange or the Nasdaq proposes to revise certain To qualify for listing in Nasdaq, a New York Stock Exchange; listing requirements applicable to the security of a domestic or Canadian (ii) an issuer whose equity security is Nasdaq Capital Market. The text of the issuer shall satisfy all applicable listed on Nasdaq, the American Stock proposed rule change is below. requirements contained in paragraphs Exchange or the New York Stock Proposed new language is in italics; (a), (b), and (c) hereof. Issuers that meet Exchange, directly or indirectly owns a proposed deletions are in [brackets].4 these requirements, but that are not majority interest in, or is under common * * * * * listed on the Nasdaq Global Market, are control with, the issuer of the debt listed on the Nasdaq Capital Market. security, or has guaranteed the debt 4200. Definitions. (a) No change. security; (a) For purposes of the Rule 4000 (b) No change. (iii) a nationally recognized securities Series, unless the context requires (c) In addition to the requirements rating organization (an ‘‘NRSRO’’) has otherwise: contained in paragraph (a) and (b) assigned a current rating to the debt (1) No change. above, and unless otherwise indicated, security that is no lower than an S&P (2) [Reserved a security shall satisfy the following Corporation ‘‘B’’ rating or equivalent (3) Reserved criteria for listing on Nasdaq: rating by another NRSRO; or, (4)] ‘‘Best efforts offering’’ means an (1) No change (iv) if no NRSRO has assigned a rating offering of securities by members of a (2)[(A)] For initial listing, the issuer to the issue, an NRSRO has currently selling group under an agreement which shall have either: assigned: (1) an investment grade rating imposes no financial commitment on (A) (i) stockholders’ equity of $5 to an immediately senior issue; or (2) a the members of such group to purchase million; and rating that is no lower than an S&P any such securities except as they may (ii) a market value of publicly held Corporation ‘‘B’’ rating, or an equivalent elect to do so. shares of $15 million; and rating by another NRSRO, to a pari (iii) an operating history of at least [(5) Reserved passu or junior issue. two years; or (6) ‘‘Cash available for distribution’’ (C) For continued listing of a (B) [(ii)] (i) stockholders’ equity of $4 means cash flow of a limited convertible debt security, there shall be partnership less amount set aside for million; and (ii) market value of listed securities of a principal amount outstanding of at restoration or creation of reserves.] least $5 million. [(7)] (3) ‘‘Cash flow’’ means cash $50 million (currently traded issuers (6)(A) In the case of common stock, funds provided from limited must meet this requirement and the bid for initial and continued listing, there partnership operations, including lease price requirement under Rule 4310(c)(4) shall be at least 300 round lot holders payments on net leases from builders for 90 consecutive trading days prior to of the security. and sellers, without deduction for applying for listing); [or] and (B) In the case of preferred stock and depreciation, but after deducting cash (iii) a market value of publicly held secondary classes of common stock, for funds used to pay all other expenses, shares of $15 million; or initial and continued listing, there shall debt payments, capital improvements (C) [(iii)] (i) stockholders’ equity of $4 be at least 100 round lot holders of the and replacements. million; and security, provided in each case that the [(8)] (4) ‘‘Consolidated Quotations (ii) net income from continuing issuer’s common stock or common stock Service’’ (CQS) means the consolidated operations of $750,000 in the most equivalent equity security [is] must be quotation collection system for recently completed fiscal year or in two listed on [either] Nasdaq or [another securities listed on an exchange other of the last three most recently national securities exchange] be a than Nasdaq implementing SEC Rule completed fiscal years; and covered security. In the event the 602. (iii) a market value of publicly held issuer’s common stock or common stock [(9)] (5) ‘‘Country of Domicile’’ means shares of $5 million. equivalent security either is not listed the country under whose laws an issuer [(B)] (3) For continued listing, the on [either] Nasdaq or [another national is organized or incorporated. issuer shall maintain either: (6) ‘‘Covered security’’ means a (A) [(i)] stockholders’ equity of $2.5 securities exchange] is not a covered security described in Section 18(b) of million; or security, the preferred stock and/or the Securities Act of 1933. (B) [(ii)] market value of listed secondary class of common stock may (7) Reserved securities of $35 million; or be listed on Nasdaq so long as the (C) [(iii)] net income from continuing security satisfies the listing criteria for Market convertible debt listing standards. Nasdaq operations of $500,000 in the most common stock. also makes clarifying changes to the purpose recently completed fiscal year or in two (C) No change. section regarding convertible debt, rights and of the last three most recently (7)(A) In the case of common stock, warrants, and non-Canadian foreign securities and there shall be at least 1,000,000 publicly American Depository Receipts. completed fiscal years. 4 Changes are marked to the rule text that appears [(3) For initial listing, the issuer shall held shares for initial listing and in the electronic manual of Nasdaq found at http:// have an operating history of at least one 500,000 publicly held shares for www.complinet.com/nasdaq. These rules became year or a market value of listed continued listing. For initial listing such effective on August 1, 2006, when Nasdaq securities of $50 million.] shares shall have a market value [of at commenced operations as a national securities exchange for Nasdaq-listed securities. The rule text (4) No change. least $5 million] as provided in the incorporates changes made by Amendment No. 1. (5) (A) In the case of a convertible applicable provision of Rule 4310(c)(2). See id. debt security, for initial listing, there For continued listing such shares shall

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have a market value of at least $1 Issuers that meet these requirements, Corporation ‘‘B’’ rating or equivalent million. but that are not listed on the Nasdaq rating by another NRSRO; or, (B) In the case of preferred stock and Global Market, are listed on the Nasdaq (iv) if no NRSRO has assigned a rating secondary classes of common stock, Capital Market. to the issue, an NRSRO has currently there shall be at least 200,000 publicly (a)–(d) No change. assigned: (1) an investment grade rating held shares having a market value of at (e) In addition to the requirements to an immediately senior issue; or (2) a least $[2] 3.5 million for initial listing contained in paragraphs (a) and (b), the rating that is no lower than an S&P and 100,000 publicly held shares having security shall satisfy the criteria set out Corporation ‘‘B’’ rating, or an equivalent a market value of [$500,000] $1 million in this subsection for listing on Nasdaq. rating by another NRSRO, to a pari for continued listing. In addition, the In the case of ADRs, the underlying passu or junior issue. issuer’s common stock or common stock security will be considered when (C) For continued listing of a equivalent security must be listed on determining the ADR’s qualification for convertible debt security, there shall be [either] Nasdaq or [another national initial or continued listing on Nasdaq. a principal amount outstanding of at securities exchange] be a covered (1) No change. least $5 million. security. In the event the issuer’s (2)(A) For initial listing, the issue (4)(A) [There] In the case of common common stock or common stock shall meet the requirements of Rule stock, for initial and continued listing, equivalent security either is not listed 4310(c)(2)(A), (B) or (C). [have a there shall be at least 300 round lot on [either] Nasdaq or [another national minimum bid price of $4 and the issuer holders of the security. securities exchange] is not a covered shall have: (B) In the case of preferred stock and security, the preferred stock and/or (i) stockholders’ equity of U.S. $5 secondary classes of common stock, for secondary class of common stock may million; initial and continued listing, there shall be traded on Nasdaq so long as the (ii) market value of listed securities of be at least 100 round lot holders of the security satisfies the listing criteria for U.S. $50 million (currently traded security, provided in each case that the common stock. issuers must meet this requirement for issuer’s common stock or common stock (C) Shares held directly or indirectly 90 consecutive trading days prior to equivalent equity security [is] must be by any officer or director of the issuer applying for listing); or listed on [either] Nasdaq or [another and by any person who is the beneficial (iii) net income from continuing national securities exchange] be a owner of more than 10 percent of the operations of U.S. $750,000 in the most covered security. In the event the total shares outstanding are not recently completed fiscal year or in two issuer’s common stock or common stock considered to be publicly held. of the last three most recently equivalent security either is not listed (8) No change. completed fiscal years.] on [either] Nasdaq or [another national (9)(A) In the case of rights and (B) For continued listing, the issuer securities exchange] is not a covered warrants, for initial listing only, there shall meet the requirements of Rule security, the preferred stock and/or shall be at least [100,000] 400,000 4310(c)(3)(A), (B) or (C). [maintain: secondary class of common stock may issued and the underlying security (i) stockholders’ equity of U.S. $2.5 be listed on Nasdaq so long as the [shall] must be listed on Nasdaq or million; security satisfies the listing criteria for [another national securities exchange] (ii) market value of listed securities of common stock. be a covered security. For continued U.S. $35 million; or (C) No change. (5) There shall be at least 1,000,000 listing, the underlying security must (iii) net income from continuing publicly held shares for initial listing remain listed on Nasdaq or be a covered operations of U.S. $500,000 in the most and 500,000 publicly held shares for security. recently completed fiscal year or in two (B) In the case of put warrants (that is, of the last three most recently continued listing. For initial listing, instruments that grant the holder the completed fiscal years.] such shares shall have a market value right to sell to the issuing company a (C) No change. [of at least $5 million] as provided in the specified number of shares of the (D) No change. applicable provision of Rule 4310(c)(2). Company’s common stock, at a specified (E) No change. For continued listing, such shares shall price until a specified period of time), (3)(A) In the case of a convertible debt have a market value of at least $1 for initial listing only, there shall be at security, for initial listing, there shall be million. In the case of preferred stock least [100,000] 400,000 issued and the a principal amount outstanding of at and secondary classes of common stock, underlying security [shall] must be least $10 million. there shall be at least 200,000 publicly listed on Nasdaq or [another national (B) In addition, for the initial listing held shares having a market value of at securities exchange] be a covered of convertible debt, one of the following least [$2] $3.5 million for initial listing security. For continued listing, the conditions must be satisfied: and 100,000 publicly held shares having underlying security must remain listed (i) the issuer of the debt must have an a market value of [$500,000] $1 million on Nasdaq or be a covered security. equity security that is listed on Nasdaq, for continued listing. In addition, the (C) No change. the American Stock Exchange or the issuer’s common stock or common stock (10)–(30) No change. New York Stock Exchange; equivalent security security must be (d) No change. (ii) an issuer whose equity security is listed on either Nasdaq or [another listed on Nasdaq, the American Stock national securities exchange] be a 4320. Listing Requirements for Non- Exchange or the New York Stock covered security. In the event the Canadian Foreign Securities and Exchange, directly or indirectly owns a issuer’s common stock or common stock American Depositary Receipts majority interest in, or is under common equivalent security either is not listed To qualify for listing on Nasdaq, a control with, the issuer of the debt on [either] Nasdaq or [another national security of a non-Canadian foreign security, or has guaranteed the debt securities exchange] is not a covered issuer, an American Depositary Receipt security; security, the preferred stock and/or (ADR) or similar security issued in (iii) a nationally recognized securities secondary class of common stock may respect of a security of a foreign issuer rating organization (an ‘‘NRSRO’’) has be traded on Nasdaq so long as the shall satisfy the requirements of assigned a current rating to the debt security satisfies the listing criteria for paragraphs (a), (b), and (e) of this Rule. security that is no lower than an S&P common stock. Shares held directly or

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indirectly by any officer or director of [4310(c)(2)(B)(ii), 4320(e)(2)(B)(ii),] alternative, Nasdaq proposes to require the issuer and by any person who is the 4310(c)(3)(B) or 4450(b)(1)(A) (i.e., the a two year operating history, instead of beneficial owner of more than 10 alternative listing requirement relating the one year history currently required. percent of the total shares outstanding to market value of listed securities). Further, for companies listing under the are not considered to be publicly held. * * * * * market value of listed securities and (6) In the case of rights, warrants and equity alternatives, Nasdaq proposes to ADRs for initial listing only, at least II. Self-Regulatory Organization’s increase the market value of publicly [100,000] 400,000 shall be issued. Statement of the Purpose of, and held shares requirement for initial Issuers of ADRs must also meet the Statutory Basis for, the Proposed Rule listing from $5 million to $15 million. round lot holders and publicly held Change Finally, Nasdaq proposes to clarify that shares requirements set forth in the In its filing with the Commission, all companies must have 300 round lot applicable provisions of Rules Nasdaq included statements concerning shareholders for continued listing of a 4310(c)(2), 4320(e)(4) and 4320(e)(5) the purpose of, and basis for, the primary class of common stock. [subsections (4) and (5) above]. proposed rule change, as amended, and Secondary Classes of Common Stock (7) In the case of rights and warrants, discussed any comments it received on and Preferred Stock for initial and continued listing, the the proposed rule change, as amended. underlying security shall be listed on The text of these statements may be Nasdaq states that it currently permits Nasdaq or [another national securities examined at the places specified in Item the listing of secondary classes of exchange] be a covered security. IV below. Nasdaq has prepared common stock and preferred stock on (8)–(26) No change. summaries, set forth in Sections A, B, the Capital Market under lower liquidity (f) No change. and C below, of the most significant standards, when the primary class of * * * * * aspects of such statements. common stock is listed on Nasdaq or a national securities exchange. Nasdaq IM–4803. Staff Review of Deficiency A. Self-Regulatory Organization’s proposes to increase the market value of As provided in Rule 4803(a)(1)(A), the Statement of the Purpose of, and publicly held shares requirement from staff of the Listing Department may Statutory Basis for, the Proposed Rule $2 million to $3.5 million for initial accept a plan to regain compliance with Change listing and from $500,000 to $1 million respect to quantitative deficiencies from 1. Purpose for continued listing of these securities. standards that do not themselves In addition, Nasdaq proposes to modify provide a compliance period. Such Nasdaq proposes to increase the the listing standards so that the lower standards include: initial and continued listing liquidity standards are available only Rules [4310(c)(2)(B)(i) and (iii)] requirements applicable to companies when a company’s common stock or its 4310(c)(3)(A) and 4310(c)(3)(C) seeking to list, or already listed, on the equivalent is listed on Nasdaq or is a Rule 4310(c)(6) Nasdaq Capital Market, as set forth in ‘‘covered security’’ as defined in Section Rule 4310(c)(7) (but only as to the Rule 4310 (for domestic and Canadian 18 of the Securities Act. Finally, Nasdaq number of publicly held shares, and not securities) and Rule 4320 (for non- proposes to clarify that companies must as to such shares’ market value) Canadian foreign securities and have 100 round lot shareholders for [Rules 4320(e)(2)(B)(i) and (iii)] American Depositary Receipts).5 Nasdaq continued listing under these listing Rule 4320(e)(2)(B) believes that these changes will standards. Rules 4320(e)(4) and (5) (but only as facilitate a finding by the Commission to the number of publicly held shares, that the listing standards for the Capital Rights and Warrants and not as to such shares’ market value) Market are substantially similar to the Nasdaq proposes to increase the Rules 4450(a)(1), (3), and (4) listing standards applicable to securities requirement for initial listing of rights Rules 4450(b)(1)(B), (b)(2), and (b)(5), listed on the New York Stock Exchange, and warrants to require that there be and the American Stock Exchange, or the 400,000 outstanding. In addition, Rules 4450(h)(1) and (4). Nasdaq Global Market. This finding is Nasdaq proposes to require that for In a case where an issuer fails to required before the Commission can initial and continued listing, the comply with the requirement of Rules designate securities listed on the Capital security underlying a right or warrant [4310(c)(2)(B)(iii), 4320(e)(2)(B)(iii),] Market as ‘‘covered securities,’’ which must be listed on Nasdaq or be a 4310(c)(3)(C) or 4450(b)(1)(B), the are exempt from state regulation under covered security.7 Listing Department shall not accept a Section 18 of the Securities Act of 1933 Convertible Debt plan to achieve compliance with those (‘‘Securities Act’’).6 requirements in the future, since Nasdaq states that its rules currently compliance requires stated levels of net Primary Listing Standards permit the listing of convertible debt on income or assets and revenues during The Exchange states that currently, a the Capital Market. Nasdaq proposes to completed fiscal years and therefore can company can list on the Capital Market modify those rules, to require that for only be demonstrated through audited by meeting a stockholders’ equity, the initial listing of convertible debt financial statements. Similarly, an income or market value of listed either that: (i) The issuer of the debt issuer may not submit a plan relying on securities requirement, along with other must have an equity security that is partial-year performance to demonstrate applicable listing standards. Nasdaq listed on Nasdaq, the American Stock compliance with these standards. An proposes to modify the income and Exchange or the New York Stock issuer cited for non-compliance with market value of listed securities Exchange; (ii) an issuer whose equity these requirements may, however, components of these listing standards to security is listed on Nasdaq, the submit a plan that demonstrates current also require a minimum of $4 million in American Stock Exchange or the New or near-term compliance with Rules equity in each case. In addition, for York Stock Exchange, directly or [4310(c)(2)(B)(i), 4320(e)(2)(B)(i),] companies listing under the equity indirectly owns a majority interest in, or 4310(c)(3)(A) or 4450(a)(3) (i.e., the is under common control with, the alternative listing requirement relating 5 See Amendment No. 1, supra note 3. to stockholders’ equity), or Rules 6 15 U.S.C. 77r(b). 7 See Amendment No. 1, supra note 3.

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issuer of the debt security, or has that this schedule provides notice to III. Date of Effectiveness of the guaranteed the debt security; (iii) a companies applying for listing that they Proposed Rule Change and Timing for nationally recognized securities rating would be subject to higher standards Commission Action organization (an ‘‘NRSRO’’) has upon approval of the rule, so such Within 35 days of the date of assigned a current rating to the debt companies would not be prejudiced, but publication of this notice in the Federal security that is no lower than an S&P recognizes that companies that have Register or within such longer period (i) Corporation ‘‘B’’ rating or equivalent previously applied did so in reliance on as the Commission may designate up to rating by another NRSRO; or, (iv) if no the prior listing standards, and therefore 90 days of such date if it finds such NRSRO has assigned a rating to the provides them a reasonable period of longer period to be appropriate and issue, an NRSRO has currently assigned: time to complete the listing process on publishes its reasons for so finding, or (1) An investment grade rating to an that basis. (ii) as to which Nasdaq consents, the immediately senior issue; or (2) a rating The Exchange states that these Commission will: that is no lower than an S&P procedures are similar to those used A. By order approve such proposed Corporation ‘‘B’’ rating, or an equivalent when the listing standards were revised rule change, or rating by another NRSRO, to a pari in 1997 and 2001.12 B. Institute proceedings to determine passu or junior issue.8 2. Statutory Basis whether the proposed rule change Other Changes Nasdaq believes that the proposed should be disapproved. Nasdaq also proposes to make rule change, as amended, is consistent IV. Solicitation of Comments technical and conforming changes to the with the provisions of Section 6 of the rules by adding a definition of ‘‘covered Act 13 in general and with Section Interested persons are invited to security’’ in Rule 4200, deleting certain 6(b)(5) of the Act,14 in particular. submit written data, views, and other definitions in Rule 4200 that have Section 6(b)(5) requires that Nasdaq’s arguments concerning the foregoing, no current applicability under Nasdaq rules be designed to promote just and including whether the proposed rule rules, and adjusting cross references equitable principles of trade, to remove change, as amended, is consistent with contained in IM–4803.9 impediments to and perfect the the Act. Comments may be submitted by mechanism of a free and open market, any of the following methods: Implementation and to protect investors and the public Electronic Comments Nasdaq states that it recognizes that interest. The Exchange believes that the • the proposed changes could result in a proposed rule change, as amended, Use the Commission’s Internet security that currently meets all the would raise the listing standards on the comment form (http://www.sec.gov/ listing requirements becoming non- rules/sro.shtml); or Nasdaq Capital Market, which will help • compliant. Therefore, Nasdaq proposes protect investors. Further, Nasdaq Send an e-mail to rule- that the changes to the continued listing believes that the proposed rule change [email protected]. Please include File requirements be made effective 30 will facilitate the Commission’s review Number SR–NASDAQ–2006–032 on the days 10 after the proposed rule change is of Nasdaq’s petition to treat securities subject line. approved by the Commission. Nasdaq listed on the Capital Market as covered Paper Comments believes that this period would provide securities under Section 18(b) of the • currently-listed companies with Securities Act,15 which would remove Send paper comments in triplicate adequate time to comply. an impediment to the mechanism of a to Nancy M. Morris, Secretary, In the case of companies applying for free and open market.16 Securities and Exchange Commission, initial listing, Nasdaq proposes that the Station Place, 100 F Street, NE., new requirements be effective upon B. Self-Regulatory Organization’s Washington, DC 20549–1090. approval for companies that apply after Statement on Burden on Competition All submissions should refer to File the date this proposed rule change is Nasdaq does not believe that the Number SR–NASDAQ–2006–032. This submitted to the SEC. Nasdaq states that proposed rule change, as amended, will file number should be included on the companies that had applied for listing result in any burden on competition that subject line if e-mail is used. To help the prior to the date this proposed rule is not necessary or appropriate in Commission process and review your change is submitted to the SEC would furtherance of the purposes of the Act. comments more efficiently, please use be able to continue to qualify under the C. Self-Regulatory Organization’s only one method. The Commission will prior standards, provided that they Statement on Comments on the post all comments on the Commission’s complete the listing process not later Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ than 30 days 11 after the proposed rule Members, Participants, or Others rules/sro.shtml). Copies of the change is approved by the Commission. submission, all subsequent Companies that apply after the date this Written comments were neither amendments, all written statements proposed rule change is submitted to solicited nor received. with respect to the proposed rule the SEC would be approved for listing change that are filed with the based on the rules in effect at the time 12 See Securities Exchange Act Release Nos. 38961 (August 22, 1997), 62 FR 45895 (Aug. 29, Commission, and all written of the approval. The Exchange believes 1997) (approving SR–NASD–1997–16); and 44499 communications relating to the (June 29, 2001), 66 FR 35819 (July 9, 2001) proposed rule change between the 8 See Amendment No. 1, supra note 3. (approving SR–NASD–2001–14). Commission and any person, other than 13 9 Nasdaq notes that the references to Rule 4320 in 15 U.S.C. 78f. those that may be withheld from the the final paragraph of IM–4803 have been deleted 14 15 U.S.C. 78f(b)(5). based on the new structure of the rules. 15 15 U.S.C. 77r(b). public in accordance with the Nonetheless, the substance of this interpretive 16 Petition to Amend Rule 146(b) to Designate provisions of 5 U.S.C. 552, will be material continues to apply to non-U.S. companies Securities Listed on the Nasdaq Capital Market as available for inspection and copying in in the same manner that it applies to domestic Covered Securities for the Purpose of Section 18 of companies due to the cross reference to Rule the Commission’s Public Reference the Securities Act of 1933 (February 28, 2006) Room. Copies of such filing also will be 4310(c)(3) contained in Rule 4320(e)(2)(B). (designated as Commission File No. 4–513, 10 See Amendment No. 1, supra note 3. available at: http://www.sec.gov/rules/petitions/ available for inspection and copying at 11 See Amendment No. 1, supra note 3. petn4-513.pdf). the principal office of Nasdaq. All

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comments received will be posted approval to implement the proposed historically contained the fees for the without change; the Commission does rule change retroactively as of August 1, trading systems of The Nasdaq Stock not edit personal identifying 2006. The text of the proposed rule Market, to reflect the Nasdaq Exchange’s information from submissions. You change is set forth below. Proposed new commencing operations for trading of should submit only information that language is in italics; proposed securities listed on the Nasdaq you wish to make available publicly. deletions are in [brackets].4 Exchange. During a transitional period, All submissions should refer to File the Nasdaq Exchange will operate for its Number SR–NASDAQ–2006–032 and 7010. System Services own listed stocks, while The Nasdaq should be submitted on or before (a)–(h) No change. Stock Market, Inc. continues to operate September 26, 2006. (i) ITS/CAES System, Brut, and Inet under authority delegated by NASD to Order Execution and Routing For the Commission, by the Division of provide quotation, execution, and trade (1)–(8) No change. reporting services for non-Nasdaq listed Market Regulation, pursuant to delegated (9) The fees applicable to non- authority.17 securities. Nasdaq states that the Brut members using Nasdaq’s Brut and Inet Nancy M. Morris, and Inet platforms owned by Nasdaq Facilities shall be the fees established will be operated as facilities of the Secretary. for members under Rule 7010(i), as [FR Doc. E6–14651 Filed 9–1–06; 8:45 am] Nasdaq Exchange for purposes of amended by SR–NASD–2005–019, SR– trading Nasdaq-listed securities, and as BILLING CODE 8010–01–P NASD–2005–035, SR–NASD–2005–048, facilities of NASD for purposes of SR–NASD–2005–071, SR–NASD–2005– trading non-Nasdaq securities. 125, SR–NASD–2005–137, SR–NASD– Accordingly, SR–NASD–2006–092 SECURITIES AND EXCHANGE 2005–154, SR–NASD–2006–013, SR– COMMISSION amended NASD Rule 7010(i) to remove NASD–2006–023, SR–NASD–2006–031, fees and credits associated with trading [Release No. 34–54376; File No. SR–NASD– SR–NASD–2006–057, [and] SR–NASD– Nasdaq-listed stocks, which are now 2006–093] 2006–078, and SR–NASD–2006–092 and contained in Rule 7018 of the Nasdaq as applied to non–members by SR– Exchange.6 Nasdaq states that NASD Self-Regulatory Organizations; NASD–2005–020, SR–NASD–2005–038, Rule 7010(i) would continue to govern National Association of Securities SR–NASD–2005–049, SR–NASD–2005– fees and credits for the ITS/CAES Dealers, Inc.; Notice of Filing and 072, SR–NASD–2005–126, SR–NASD– System (formerly the Nasdaq Market Order Granting Accelerated Approval 2005–138, SR–NASD–2005–155, SR– Center) operated by Nasdaq for trading of Proposed Rule Change Regarding NASD–2006–014, SR–NASD–2006–024, non-Nasdaq securities, as well as Brut Pricing for Non-Members Using SR–NASD–2006–032, SR–NASD–2006– and Inet to the extent that they are used Nasdaq’s Brut and Inet Facilities 058, [and] SR–NASD–2006–079, and for trading non-Nasdaq securities. The August 28, 2006. SR–NASD–2006–093. ITS/CAES System, Brut and Inet are (j)–(y) No change. Pursuant to Section 19(b)(1) of the collectively referred to in the rule as the Securities Exchange Act of 1934 * * * * * Nasdaq Facilities. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 SR–NASD–2006–092 also added a II. Self-Regulatory Organization’s sentence to the rule to provide that for notice is hereby given that on July 31, Statement of the Purpose of, and 2006, the National Association of purposes of determining a member’s Statutory Basis for, the Proposed Rule volume in all securities under NASD Securities Dealers, Inc. (‘‘NASD’’), Change through its subsidiary, The Nasdaq Rule 7010(i), the term ‘‘Nasdaq In its filing with the Commission, Stock Market, Inc. (‘‘Nasdaq’’), filed Facilities,’’ shall also be deemed to Nasdaq included statements concerning with the Securities and Exchange include the member’s volume in the purpose of and basis for the Commission (‘‘Commission’’) the Nasdaq-listed securities traded through proposed rule change and discussed any proposed rule change as described in the facilities of the Nasdaq Exchange comments it had received on the Items I and II below, which Items have (i.e., the Nasdaq Market Center, Brut proposed rule change. The text of these been prepared by Nasdaq. The and Inet). Nasdaq states that this statements may be examined at the clarification was necessary to ensure Commission is publishing this notice to places specified in Item III below. that fees and credits for trading non- solicit comments on the proposed rule Nasdaq has prepared summaries, set Nasdaq securities remain at their change from interested persons. In forth in Sections A, B, and C below, of current levels during the transitional addition, the Commission is granting the most significant aspects of such period before the Nasdaq Exchange accelerated approval of the proposed statements. begins to trade non-Nasdaq securities. rule change. In SR–NASD–2006–092, Nasdaq also A. Self-Regulatory Organization’s I. Self-Regulatory Organization’s changed its fees for routing orders to the Statement of the Purpose of, and Statement of the Terms of Substance of New York Stock Exchange (‘‘NYSE’’) Statutory Basis for, the Proposed Rule the Proposed Rule Change through its DOT system. NYSE recently Change Nasdaq proposes to modify the announced that it would impose a significant fee increase on broker- pricing for non-NASD members using 1. Purpose dealers, such as Nasdaq’s Brut broker- Nasdaq’s Brut and Inet Facilities to In SR–NASD–2006–092,5 Nasdaq trade non-Nasdaq securities. The filing amended NASD Rule 7010(i), which has 6 See Securities Exchange Act Release No. 54285 will apply to these non-members the (August 8, 2006) (File No. SR–NASDAQ–2006–023) same rule change that Nasdaq is 4 Changes are marked to the rule text that appears (notice of filing and immediate effectiveness of instituting for members.3 Nasdaq seeks in the electronic NASD Manual found at http:// proposed rule change regarding technical and www.nasd.com. The Nasdaq Exchange states that it conforming changes to Nasdaq Rule 7018). will not file conforming changes to its rules with Telephone conversation among John Yetter, Senior 17 17 CFR 200.30–3(a)(12). regard to order execution and routing by non- Associate General Counsel, Nasdaq, David Liu, 1 15 U.S.C. 78s(b)(1). members, since persons that are not members of the Special Counsel, Division of Market Regulation 2 17 CFR 240.19b–4. Nasdaq Exchange will not be permitted to use its (‘‘Division’’), Commission, and Theodore S. Venuti, 3 See Securities Exchange Act Release No. 54375 order execution and routing systems. Attorney, Division, Commission, on August 14, (August 28, 2006) (File No. SR–NASD–2006–092). 5 See supra note 3. 2006.

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dealer, that route orders to the NYSE Brut and Inet a fee change that is being available for inspection and copying in floor through DOT, effective August 1, implemented for NASD members that the Commission’s Public Reference 2006.7 Nasdaq states that as a result, it use Brut, Inet, and the ITS/CAES Room. Copies of such filing also will be must pass these increased costs through System to trade non-Nasdaq securities. available for inspection and copying at to market participants that make use of Accordingly, Nasdaq believes that the the principal office of the NASD. All the routing service. Specifically, for proposed rule change promotes an comments received will be posted orders that attempt to execute in the equitable allocation of fees between without change; the Commission does Nasdaq Facilities prior to routing and members and non-members using these not edit personal identifying that are not charged a fee by the NYSE order execution facilities. information from submissions. You specialist,8 Nasdaq is imposing a charge should submit only information that B. Self-Regulatory Organization’s of $0.0002 per share executed; however, you wish to make publicly available. All Statement on Burden on Competition the total fee for all such orders routed submissions should refer to File during a month is capped at $60,000 per Nasdaq does not believe that the Number SR–NASD–2006–093 and firm. For orders that are routed through proposed rule change will result in any should be submitted on or before DOT but that do not attempt to execute burden on competition that is not September 26, 2006. in the Nasdaq Facilities, the routing fee necessary or appropriate in furtherance IV. Commission’s Findings and Order is $0.0003 per share executed, with no of the purposes of the Act. Granting Accelerated Approval of cap. C. Self-Regulatory Organization’s Proposed Rule Change Finally, to encourage greater liquidity Statement on Comments on the provision with respect to securities that Proposed Rule Change Received From The Commission finds that the are listed on both the NYSE and the Members, Participants, or Others proposed rule change is consistent with Nasdaq Exchange, SR–NASD–2006–092 the requirements of the Act and the Written comments were neither increased the credit to liquidity rules and regulations thereunder solicited nor received. providers in these securities, from applicable to a self-regulatory $0.0005 or $0.0006 per share executed III. Solicitation of Comments organization.11 Specifically, the to $0.0007 per share executed. Nasdaq Interested persons are invited to Commission believes that the proposed believes that the change would promote submit written data, views, and rule change is consistent with Section greater competition between Nasdaq 12 arguments concerning the foregoing, 15A(b)(5) of the Act, which requires and NYSE and enhance market quality including whether the proposed rule that the rules of the self-regulatory with respect to Nasdaq’s trading of these change is consistent with the Act. organization provide for the equitable dual-listed securities. Comments may be submitted by any of allocation of reasonable dues, fees, and Nasdaq is submitting this filing to other charges among members and apply the foregoing changes to non- the following methods: Electronic comments: issuers and other persons using any NASD members using Nasdaq’s Brut • Use the Commission’s Internet facilities or system which it operates or and Inet Facilities to trade non-Nasdaq comment form (http://www.sec.gov/ controls. securities. These non-members cannot rules/sro.shtml); or The Commission notes that this use the facilities of the Nasdaq • Send an e-mail to rule- proposal would retroactively modify Exchange to trade Nasdaq-listed [email protected]. Please include File pricing for non-NASD members using securities, but are currently permitted to Number SR–NASD–2006–093 on the Nasdaq’s Brut and Inet Facilities that use Brut and Inet to trade non-Nasdaq subject line. would permit the schedule for non- securities. Paper Comments NASD members to mirror the schedule 2. Statutory Basis applicable to NASD members that • Send paper comments in triplicate Nasdaq believes that the proposed became effective July 31, 2006, pursuant to Nancy M. Morris, Secretary, to SR–NASD–2006–092. rule change is consistent with the Securities and Exchange Commission, 9 Nasdaq has requested that the provisions of Section 15A of the Act, in 100 F Street, NE., Washington, DC Commission find good cause for general, and with Section 15A(b)(5) of 20549–1090. 10 approving the proposed rule change the Act, in particular, in that it All submissions should refer to File provides for the equitable allocation of prior to the thirtieth day after Number SR–NASD–2006–093. This file publication of notice thereof in the reasonable dues, fees and other charges number should be included on the among members and issuers and other Federal Register. The Commission notes subject line if e-mail is used. To help the that the proposed fees for non-NASD persons using any facility or system Commission process and review your which the NASD operates or controls. members are identical to those in SR– comments more efficiently, please use NASD–2006–092, which implemented Nasdaq states that the proposed rule only one method. The Commission will change applies to non-members that use those fees for NASD members and post all comments on the Commission’s which became effective as of July 31, Internet Web site (http://www.sec.gov/ 7 See Securities Exchange Act Release No. 2006. The Commission notes that this 54142(July 13, 2006), 71 FR 41493 (July 21, 2006) rules/sro.shtml). Copies of the change will promote consistency in (File No. SR–NYSE–2006–46). Effective August 1, submission, all subsequent Nasdaq’s fee schedule by applying the 2006, the NYSE is imposing a new charge of amendments, all written statements same pricing schedule with the same $0.00025 per share executed, subject to a monthly with respect to the proposed rule cap of $750,000. date of effectiveness for both NASD change that are filed with the 8 Nasdaq states that the NYSE specialist fees are members and non-NASD members. distinct from the newDOT fees imposed by the Commission, and all written Accordingly, the Commission finds NYSE itself. Specialist fees are generally imposed communications relating to the good cause, pursuant to Section 19(b)(2) when orders routed to the NYSE remain unexecuted proposed rule change between the for a period of time. The routing fee for orders that Commission and any person, other than are charged by the specialist remains $0.01 per 11 In approving this proposal, the Commission has share executed. those that may be withheld from the considered its impact on efficiency, competition, 9 15 U.S.C. 78o–3. public in accordance with the and capital formation. 15 U.S.C. 78c(f). 10 15 U.S.C. 78o–3(b)(5). provisions of 5 U.S.C. 552, will be 12 15 U.S.C. 78o–3(b)(5).

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of the Act,13 for approving the proposed (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (i) [Nasdaq Market Center]ITS/CAES rule change prior to the thirtieth day notice is hereby given that on July 31, System, Brut, and Inet Order Execution after the date of publication of notice 2006, the National Association of and Routing thereof in the Federal Register. Securities Dealers, Inc. (‘‘NASD’’), (1) The following charges shall apply through its subsidiary, The Nasdaq V. Conclusion to the use of the order execution and Stock Market, Inc. (‘‘Nasdaq’’), filed routing services of the [Nasdaq Market It is therefore ordered, pursuant to with the Securities and Exchange Section 19(b)(2) of the Act,14 that the Commission (‘‘Commission’’) the Center]ITS/CAES System, Brut, and Inet proposed rule change (SR–NASD–2006– proposed rule change as described in (the ‘‘Nasdaq Facilities’’) by members 093) be, and hereby is, approved on an Items I, II, and III below, which Items for all [Nasdaq-listed securities subject accelerated basis. have been prepared by Nasdaq. Nasdaq to the Nasdaq UTP Plan and for] For the Commission, by the Division of filed the proposed rule change pursuant Exchange-Traded Funds that are not Market Regulation, pursuant to delegated to Section 19(b)(3)(A)(ii) of the Act,3 listed on The NASDAQ Stock Market authority.15 and Rule 19b–4(f)(2) thereunder,4 which LLC [Nasdaq]. The term ‘‘Exchange- Nancy M. Morris, renders the proposal effective upon Traded Funds’’ shall mean Portfolio Secretary. filing with the Commission. The Depository Receipts, Index Fund Shares, [FR Doc. E6–14598 Filed 8–29–06; 8:45 am] Commission is publishing this notice to and Trust Issued Receipts as such terms BILLING CODE 8010–01–P solicit comments on the proposed rule are defined in Rule 4420(i), (j), and (l), change from interested persons. respectively, of The NASDAQ Stock I. Self-Regulatory Organization’s Market LLC. For purposes of SECURITIES AND EXCHANGE determining a member’s volume in all COMMISSION Statement of the Terms of Substance of the Proposed Rule Change securities under Rule 7010(i), the term [Release No. 34–54375; File No. SR–NASD– ‘‘Nasdaq Facilities’’ shall also be 2006–092] Nasdaq proposes to modify the deemed to include the member’s volume pricing for NASD members using the in Nasdaq-listed securities through the ITS/CAES System and Brut and Inet Self-Regulatory Organizations; facilities of The NASDAQ Stock Market (‘‘Nasdaq Facilities’’) to trade securities National Association of Securities LLC. Dealers, Inc.; Notice of Filing and that are not listed on The NASDAQ Immediate Effectiveness of Proposed Stock Market LLC (‘‘Nasdaq Rule Change Regarding the Pricing Exchange’’).5 Nasdaq states that it will Schedule for NASD Members Using the implement the proposed rule change on ITS/CAES System, Brut, and Inet To August 1, 2006. The text of the proposed Trade Securities Not Listed on The rule change is set forth below. Proposed NASDAQ Stock Market LLC new language is in italics; proposed deletions are in [brackets].6 August 28, 2006. Pursuant to Section 19(b)(1) of the 7010. System Services Securities Exchange Act of 1934 (a)–(h) No change.

Order Execution: Order that accesses the Quote/Order of a market participant that does not charge an access fee to market participants accessing its Quotes/Orders through the Nasdaq Facilities: Charge to member entering order: Members with an average daily volume through the Nasdaq $0.0028 per share executed (or, in the case of executions against Facilities in all securities during the month of (i) more Quotes/Orders at less than $1.00 per share, 0.1% of the total than 30 million shares of liquidity provided, and (ii) more transaction cost). than 50 million shares of liquidity accessed and/or rout- ed; or members with an average daily volume through the Nasdaq Facilities in all securities during the month of (i) more than 20 million shares of liquidity provided, and (ii) more than 60 million shares of liquidity accessed and/or routed. Other members ...... $0.0030 per share executed (or, in the case of executions against Quotes/Orders at less than $1.00 per share, 0.1% of the total transaction cost). Credit to member providing liquidity: Members with an average daily volume through the Nasdaq $0.0025 per share executed (or $0, in the case of executions against Facilities in all securities during the month of more than Quotes/Orders at less than $1.00 per share). 30 million shares of liquidity provided. Other members ...... $0.0020 per share executed (or $0, in the case of executions against Quotes/Orders at less than $1.00 per share).

13 15 U.S.C. 78s(b)(2). 5 The Commission notes that Nasdaq filed a NASD–2006–078 (June 30, 2006). See Securities 14 15 U.S.C. 78s(b)(2). proposed rule change to apply the same pricing Exchange Act Release No. 54268 (August 3, 2006), change to non-members. See Securities Exchange 15 17 CFR 200.30–3(a)(12). 71 FR 45882 (August 10, 2006). Nasdaq states that Act Release No. 54376 (August 28, 2006) (File No. prior to the date when the Nasdaq Exchange begins 1 15 U.S.C. 78s(b)(1). SR–NASD–2006–093). to trade securities that are not listed on the Nasdaq 2 17 CFR 240.19b–4. 6 Nasdaq states that changes are marked to the Exchange, the Nasdaq Exchange will file a 3 15 U.S.C. 78s(b)(3)(A)(ii). rule text that appears in the electronic NASD conforming change to the rules of the Nasdaq 4 17 CFR 240.19b–4(f)(2). Manual found at www.nasd.com, as further Exchange. The rules of the Nasdaq Exchange are amended on an immediately effective basis by SR– found at www.complinet.com/nasdaq.

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Order that accesses the Quote/Order of a market participant that charges an access fee to market participants accessing its Quotes/Orders through the Nasdaq Facilities: Charge to member entering order: Members with an average daily volume through the Nasdaq $0.001 per share executed (but no more than $10,000 per month). Facilities in all securities during the month of more than 500,000 shares of liquidity provided. Other members ...... $0.001 per share executed. [Order Routing for Nasdaq-Listed Securities]: [Any order entered by a member that is routed outside of the [The greater of (i) $0.004 per share executed or (ii) a pass-through of Nasdaq Facilities and that does not attempt to execute in the all applicable access fees charged by electronic communications Nasdaq Facilities prior to routing]. networks that charge more than $0.003 per share executed]. [Any other order entered by a member that is routed outside of the Nasdaq Facilities:] [Members with an average daily volume through the Nasdaq [The greater of (i) $0.0028 per share executed or (ii) a pass-through Facilities in all securities during the month of (i) more of all applicable access fees charged by electronic communica- than 30 million shares of liquidity provided, and (ii) more tions networks that charge more than $0.003 per share executed]. than 50 million shares of liquidity accessed and/or rout- ed; or members with an average daily volume through the Nasdaq Facilities in all securities during the month of (i) more than 20 million shares of liquidity provided, and (ii) more than 60 million shares of liquidity accessed and/or routed]. [Other members] ...... [The greater of (i) $0.0030 per share executed or (ii) a pass-through of all applicable access fees charged by electronic communica- tions networks that charge more than $0.003 per share executed]. Order Routing for Exchange-Traded Funds Not Listed On Nasdaq: Order routed to the New York Stock Exchange (‘‘NYSE’’) See DOT fee schedule in Rule 7010(i)[(6)] (7). through its DOT system. Any other order entered by a member that is routed outside of $0.004 per share executed. the Nasdaq Facilities and that does not attempt to execute in the Nasdaq Facilities prior to routing. Order routed to the American Stock Exchange (‘‘Amex’’) after at- $0.003 per share executed (plus, in the case of orders charged a fee tempting to execute in the Nasdaq Facilities. by the Amex specialist, $0.01 per share executed). Order routed through the Intermarket Trading System (‘‘ITS’’) $0.0007 per share executed. after attempting to execute in the Nasdaq Facilities. Order routed to venues other than the NYSE and Amex after at- $0.003 per share executed. tempting to execute in the Nasdaq Facilities.

(2) No change. (3) [Closing Cross] Reserved

[Market-on-Close and Limit-on-Close orders executed in the Nasdaq [$0.0005 per share executed]. Closing Cross]. [All other quotes and orders executed in the Nasdaq Closing Cross] [No charge for execution].

(4) [Opening Cross] Reserved execution fees for quotes and orders [Members shall be assessed the executed in the Nasdaq Opening Cross:] following Nasdaq Market Center

[Market-on-Open, Limit-on-Open, Good-till-Cancelled, Immediate-or- [$0.0005 per share executed for the net number of buy and sell Cancel, and Day orders executed in the Nasdaq Opening Cross]. shares up to a maximum of $10,000 per firm per month]. [All other quotes and orders executed in the Nasdaq Opening Cross] [No charge for execution].

(5) [IPO/Halt Cross] Reserved execution fees for quotes and orders [Members shall be assessed the executed in the Nasdaq IPO/Halt Cross:] following Nasdaq Market Center

[All quotes and orders executed in the Nasdaq IPO/Halt Cross] ...... [$0.0005 per share executed].

(6) Except as provided in paragraph routing services of the Nasdaq Facilities Consolidated Tape Association plans (7), the following charges shall apply to by members for securities subject to the other than Exchange-Traded Funds the use of the order execution and Consolidated Quotations Service and (‘‘Covered Securities’’):

Order Execution: Order that accesses the Quote/Order of a Nasdaq Facility market participant: Charge to member entering order ...... $0.0007 per share executed. Credit to member providing liquidity for a Covered Security list- $0.0007 per share executed. ed on NYSE and The NASDAQ Stock Market LLC:.

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Credit to a member providing liquidity for other Covered Securi- ties. Members with an average daily volume through the Nasdaq Fa- $0.0005 per share executed. cilities in Covered Securities during the month of more than 5 million shares of liquidity accessed, provided, or routed but less than 10 million shares of liquidity provided. Members with an average daily volume through the Nasdaq Fa- $0.0006 per share executed. cilities in Covered Securities during the month of 10 million or more shares of liquidity provided. Other members ...... No credit. Order Routing: Order routed to Amex ...... $0.003 per share executed (plus, in the case of orders charged a fee by the Amex specialist, $0.01 per share executed). Order routed through the ITS ...... $0.0007 per share executed. Order routed to NYSE ...... See DOT fee schedule in Rule 7010(i)(7). Order for NYSE-listed Covered Security routed to venue other $0.001 per share executed. than the NYSE. Order for Covered Security listed on venue other than the NYSE $0.003 per share executed. and routed to venue other than Amex.

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

Order charged a fee by the NYSE specialist ...... $0.01 per share executed. Order that attempts to execute in the Nasdaq Facilities prior to rout- [No charge] $0.0002 per share executed (but no more than $60,000 ing and that is not charged a fee by the NYSE specialist. per month). Order that does not attempt to execute in the Nasdaq Facilities prior $0.0003 per share executed. to routing and that is not charged a fee by the NYSE specialist[:]. [Average daily shares of liquidity routed through Nasdaq’s DOT linkage by the member during the month:] [More than 30 million] ...... [$0.0001 per share executed]. [Between 2,000,001 and 30 million] ...... [$0.0003 per share executed]. [Between 250,001 and 2 million] ...... [$0.0005 per share executed]. [Between 100,001 and 250,000] ...... [$0.001 per share executed]. [100,000 or less] ...... [$0.01 per share executed].

(8) When a market participant enters A. Self-Regulatory Organization’s 7018 of the Nasdaq Exchange.7 Nasdaq an order into Nasdaq’s Brut or Inet Statement of the Purpose of, and states that NASD Rule 7010(i) would systems that is sent to an ITS/CAES Statutory Basis for, the Proposed Rule continue to govern fees and credits for System [Nasdaq Market Center] market Change the ITS/CAES System (formerly the Nasdaq Market Center) operated by participant that charges an access fee to 1. Purpose Brut or Inet, the market participant Nasdaq for trading non-Nasdaq entering the order shall be charged (i) Transition to Operation of the Nasdaq securities, as well as Brut and Inet to the the applicable execution fee of the Exchange extent that they are used for trading Nasdaq Facilities, or (ii) in the case of non-Nasdaq securities. The ITS/CAES Nasdaq proposes to amend NASD System, Brut and Inet are collectively executions against Quotes/Orders at less Rule 7010(i), which has historically than $1.00 per share, a pass-through of referred to in the proposed rule as the contained the fees for the trading Nasdaq Facilities. the access fee charged to Brut or Inet. systems of The Nasdaq Stock Market, to Nasdaq states that, because the level (9) No change. reflect the Nasdaq Exchange’s of some of the current fees for (j)–(y) No change. commencing operations for trading of transactions in non-Nasdaq stocks securities listed on the Nasdaq depends upon a market participant’s * * * * * Exchange. During a transitional period, monthly transaction volume in all II. Self-Regulatory Organization’s the Nasdaq Exchange will operate for its securities (i.e., Nasdaq-listed and non- Statement of the Purpose of, and own listed stocks, while The Nasdaq Nasdaq listed), Nasdaq is adding a Statutory Basis for, the Proposed Rule Stock Market, Inc. continues to operate sentence to the proposed rule to provide Change under authority delegated by NASD to that, for purposes of determining a provide quotation, execution, and trade member’s volume in all securities under In its filing with the Commission, reporting services for non-Nasdaq listed NASD Rule 7010(i), the term ‘‘Nasdaq Nasdaq included statements concerning securities. Nasdaq states that the Brut Facilities,’’ shall also be deemed to the purpose of and basis for the and Inet platforms owned by Nasdaq proposed rule change and discussed any will be operated as facilities of the 7 See Securities Exchange Act Release No. 54285 comments it received on the proposed Nasdaq Exchange for purposes of (August 8, 2006) (File No. SR–NASDAQ–2006–023) trading Nasdaq-listed securities, and as (notice of filing and immediate effectiveness of rule change. The text of these statements proposed rule change regarding technical and may be examined at the places specified facilities of NASD for purposes of conforming changes to Nasdaq Rule 7018). in Item IV below. Nasdaq has prepared trading non-Nasdaq securities. Telephone conversation among John Yetter, Senior summaries, set forth in Sections A, B, Accordingly, Nasdaq is amending NASD Associate General Counsel, Nasdaq, David Liu, Rule 7010(i) to remove fees and credits Special Counsel, Division of Market Regulation and C below, of the most significant associated with trading Nasdaq-listed (‘‘Division’’), Commission, and Theodore S. Venuti, aspects of such statements. Attorney, Division, Commission, on August 14, stocks, which are now contained in Rule 2006.

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include the member’s volume in provisions of Section 15A of the Act,10 arguments concerning the foregoing, Nasdaq-listed securities traded through in general, and with Section 15A(b)(5) including whether the proposed rule the facilities of the Nasdaq Exchange of the Act,11 in particular, in that it change is consistent with the Act. (i.e., the Nasdaq Market Center, Brut provides for the equitable allocation of Comments may be submitted by any of and Inet). Nasdaq states that this reasonable dues, fees and other charges the following methods: clarification is necessary to ensure that among members and issuers and other Electronic Comments fees and credits for trading non-Nasdaq persons using any facility or system securities remain at their current levels which the NASD operates or controls. • Use the Commission’s Internet during the transitional period before the Nasdaq states that its changes in routing comment form (http://www.sec.gov/ Nasdaq Exchange begins to trade non- fees are necessitated by increased costs rules/sro.shtml); or Nasdaq securities. imposed on Nasdaq’s routing broker- • dealer by NYSE. Nasdaq believes that Send an e-mail to rule- Fee Changes the increased liquidity provider credit [email protected]. Please include File No. SR–NASD–2006–092 on the subject Nasdaq also proposes to change its for dual-listed stocks will promote line. fees for routing orders to the New York greater competition between the two Stock Exchange (‘‘NYSE’’) through its primary listing markets in the U.S. Paper Comments DOT system. NYSE recently announced Finally, Nasdaq believes the changes to • that it would impose a significant fee reflect operation of the Nasdaq Send paper comments in triplicate increase on broker-dealers, such as Exchange for trading Nasdaq-listed to Nancy M. Morris, Secretary, Nasdaq’s Brut broker-dealer, that route securities are needed to maintain the Securities and Exchange Commission, orders to the NYSE floor through DOT, current levels of other fees and credits Station Place, 100 F Street, NE., effective August 1, 2006.8 Nasdaq states associated with trading non-Nasdaq Washington, DC 20549–1090. that as a result, it must pass these securities. All submissions should refer to File No. increased costs through to market B. Self-Regulatory Organization’s SR–NASD–2006–092. This file number participants that make use of the routing Statement on Burden on Competition should be included on the subject line service. Specifically, for orders that if e-mail is used. To help the Nasdaq does not believe that the attempt to execute in the Nasdaq Commission process and review your proposed rule change will result in any Facilities prior to routing and that are comments more efficiently, please use burden on competition that is not not charged a fee by the NYSE only one method. The Commission will 9 necessary or appropriate in furtherance specialist, Nasdaq is proposing a post all comments on the Commission’s of the purposes of the Act. charge of $0.0002 per share executed; Internet Web site (http://www.sec.gov/ however, the total fee for all such orders C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the routed during a month is capped at Statement on Comments on the submission, all subsequent $60,000. For orders that are routed Proposed Rule Change Received From amendments, all written statements through DOT but that do not attempt to Members, Participants, or Others with respect to the proposed rule execute in the Nasdaq Facilities, the change that are filed with the routing fee is $0.0003 per share Written comments were neither solicited nor received. Commission, and all written executed, with no cap. communications relating to the Finally, to encourage greater liquidity III. Date of Effectiveness of the proposed rule change between the provision with respect to securities that Proposed Rule Change and Timing for Commission and any person, other than are listed on both the NYSE and the Commission Action those that may be withheld from the Nasdaq Exchange, Nasdaq proposes to The foregoing rule change is subject to public in accordance with the increase the credit to liquidity providers Section 19(b)(3)(A)(ii) of the Act 12 and provisions of 5 U.S.C. 552, will be in these securities, from $0.0005 or subparagraph (f)(2) of Rule 19b–4 available for inspection and copying in $0.0006 per share executed (depending thereunder 13 because it establishes or the Commission’s Public Reference on the member’s volume) to $0.0007 per changes a due, fee, or other charge Room. Copies of such filing will also be share executed. Nasdaq believes that the applicable only to a member imposed by available for inspection and copying at change would promote greater the self-regulatory organization. the principal office of the NASD. All competition between Nasdaq and NYSE Accordingly, the proposal is effective comments received will be posted and enhance market quality with upon Commission receipt of the filing. without change; the Commission does respect to Nasdaq’s trading of these At any time within 60 days of the filing not edit personal identifying dual-listed securities. of the proposed rule change, the information from submissions. You 2. Statutory Basis Commission may summarily abrogate should submit only information that such rule change if it appears to the you wish to make available publicly. All Nasdaq believes that the proposed Commission that such action is submissions should refer to File No. rule change is consistent with the necessary or appropriate in the public SR–NASD–2006–092 and should be interest, for the protection of investors, submitted on or before September 26, 8 See Securities Exchange Act Release No. 54142 or otherwise in furtherance of the 2006. (July 13, 2006), 71 FR 41493 (July 21, 2006) (File For the Commission, by the Division of No. SR–NYSE–2006–46). Effective August 1, 2006, purposes of the Act. Market Regulation, pursuant to delegated the NYSE is imposing a new charge of $0.00025 per IV. Solicitation of Comments share executed, subject to a monthly cap of authority.14 $750,000. Interested persons are invited to Nancy M. Morris, 9 Nasdaq states that the NYSE specialist fees are submit written data, views, and distinct from the new DOT fees imposed by the Secretary. NYSE itself. Specialist fees are generally imposed [FR Doc. E6–14599 Filed 9–1–06; 8:45 am] 10 15 U.S.C. 78o–3. when orders routed to the NYSE remain unexecuted BILLING CODE 8010–01–P for a period of time. The routing fee for orders that 11 15 U.S.C. 78o–3(b)(5). are charged by the specialist remains $0.01 per 12 15 U.S.C. 78s(b)(3)(A)(ii). share executed. 13 17 CFR 240.19b–4(f)(2). 14 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION Olympic Blvd., Suite 6050W, Santa And Disbursement Center, 14925 Monica, CA 90404, a Federal Licensee Kingsport Road, Fort Worth, TX 76155. Reporting and Recordkeeping under the Small Business Investment FOR FURTHER INFORMATION CONTACT: A. Requirements Under OMB Review Act of 1958, as amended (‘‘the Act’’), in Escobar, Office of Disaster Assistance, connection with the financing of a small AGENCY: U.S. Small Business U.S. Small Business Administration, Administration. concern, has sought an exemption under 409 3rd Street, SW., Suite 6050, Section 312 of the Act and Section Washington, DC 20416. ACTION: Notice of Reporting 107.730, Financings which Constitute SUPPLEMENTARY INFORMATION: The notice Requirements Submitted for OMB Conflicts of Interest of the Small Review. of the President’s major disaster Business Administration (‘‘SBA’’) Rules declaration for the State of New York, SUMMARY: Under the provisions of the and Regulations (13 CFR 107.730 dated 07/03/2006, is hereby amended to Paperwork Reduction Act (44 U.S.C. (2006)). Rustic Canyon Ventures SBIC, extend the deadline for filing Chapter 35), agencies are required to L.P. proposes to provide equity security applications for physical damages as a submit proposed reporting and financing to Meximerica Media, Inc., result of this disaster to 10/02/2006. recordkeeping requirements to OMB for 115 E. Travis #800, San Antonio, TX All other information in the original review and approval, and to publish a 78205. The financing is contemplated declaration remains unchanged. for operating expenses and for general notice in the Federal Register notifying (Catalog of Federal Domestic Assistance the public that the agency has made corporate purposes. Numbers 59002 and 59008) such a submission. The financing is brought within the Herbert L. Mitchell, DATES: Submit comments on or before purview of § 107.730(a)(1) of the October 5, 2006. If you intend to Regulations because Rustic Canyon Associate Administrator for Disaster Assistance. comment but cannot prepare comments Ventures, L.P. and Rustic Canyon/Fontis promptly, please advise the OMB Partners, L.P., both Associates of Rustic [FR Doc. E6–14656 Filed 9–1–06; 8:45 am] Reviewer and the Agency Clearance Canyon Ventures SBIC, L.P., collective BILLING CODE 8025–01–P Officer before the deadline. own more than ten percent of Copies: Request for clearance (OMB Meximerica Media, Inc. Therefore, 83-I), supporting statement, and other Meximerica Media, Inc. is also SMALL BUSINESS ADMINISTRATION documents submitted to OMB for considered an Associate of Rustic Canyon Ventures SBIC, L.P., as defined Notice of Action Subject to review may be obtained from the Intergovernmental Review Under Agency Clearance Officer. at 13 CFR 107.50 of the SBIC Regulations. Executive Order 12372 ADDRESSES: Address all comments Notice is hereby given that any concerning this notice to: Agency AGENCY: U.S. Small Business interested person may submit written Clearance Officer, Jacqueline White, Administration. comments on the transaction to the Small Business Administration, 409 3rd ACTION: Notice of Action Subject to Associate Administrator for Investment, Street, SW., 5th Floor, Washington, DC Intergovernmental Review. U.S. Small Business Administration, 20416, and [email protected] 409 3rd Street, SW., Washington, DC fax number 202–395–7285 Office of SUMMARY: The Small Business 20416. Information and Regulatory Affairs, Administration (SBA) is notifying the Office of Management and Budget. Jaime Guzma´n-Fournier, public that it intends to grant the pending applications of 42 existing FOR FURTHER INFORMATION CONTACT: Associate Administrator for Investment. Small Business Development Centers Jacqueline White, Agency Clearance [FR Doc. E6–14655 Filed 9–1–06; 8:45 am] (SBDCs) for refunding on January 1, Officer, [email protected] (202) BILLING CODE 8025–01–P 2007, subject to the availability of funds. 205–7044. Fourteen states do not participate in the SUPPLEMENTARY INFORMATION: EO 12372 process therefore, their SMALL BUSINESS ADMINISTRATION Title: Borrower’s Progress addresses are not included. A short Certification. [Disaster Declaration #10519 and #10520] description of the SBDC program Form No.: 1366. follows in the supplementary Frequency: On Occasion. New York Disaster Number NY–00022 Description of Respondents: information below. The SBA is publishing this notice at Recipients of Disaster Loans. AGENCY: U.S. Small Business Annual Responses: 22,253. Administration. least 90 days before the expected refunding date. The SBDCs and their Annual Burden: 12,078. ACTION: Amendment 2. mailing addresses are listed below in Jacqueline White, SUMMARY: This is an amendment of the the address section. A copy of this Chief, Administrative Information Branch. Presidential declaration of a major notice also is being furnished to the [FR Doc. E6–14654 Filed 9–1–06; 8:45 am] disaster for the State of New York respective State single points of contact BILLING CODE 8025–01–P (FEMA—1650—DR), dated 07/03/2006. designated under the Executive Order. Incident: Severe Storms and Flooding. Each SBDC application must be Incident Period: 06/26/2006 through consistent with any area-wide small SMALL BUSINESS ADMINISTRATION 07/10/2006. business assistance plan adopted by a Effective Date: 08/29/2006. State-authorized agency. Rustic Canyon Ventures SBIC, L.P., Physical Loan Application Deadline DATES: A State single point of contact License No. 09/79–0450, Notice Date: 10/02/2006. and other interested State or local Seeking Exemption Under Section 312 EIDL Loan Application Deadline Date: entities may submit written comments of the Small Business Investment Act, 04/03/2007. regarding an SBDC refunding within 30 Conflicts of Interest ADDRESSES: Submit completed loan days from the date of publication of this Notice is hereby given that Rustic applications to: U.S. Small Business notice to the SBDC. Canyon Ventures SBIC, L.P., 2425 Administration, National Processing ADDRESSES:

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Addresses of Relevant SDBC State U.O.G. Station, Mangilao, GU 96923, academic institutions and the private Directors (671) 735–2590. sector to: Mr. John Hemmingstad, State Director, Mr. Greg Panichello, State Director, Salt (a) Strengthen the small business University of South Dakota,414 East Lake Community College, 9750 South community; Clark Street, Patterson Hall, 300 West, Sandy, UT 84070, (801) (b) Increase economic growth; Vermillion, SD 57069, (605) 677– 957–3493. (c) Assist more small businesses; and 6256. Mr. Herbert Thweatt, Director, Ms. Debra Malewick, State Director, (d) Broaden the delivery system to American Samoa Community College, University of Wisconsin, 432 North more small businesses. P.O. Box 2609, Pago Pago, American Lake Street, Room 423, Madison, WI Samoa 96799, 011–684–699–4830. SBDC Program Organization 53706, (608) 263–7794. Mr. John Lenti, State Director, Mr. Greg Higgins, State Director, The lead SBDC operates a statewide University of South Carolina, 1710 University of Pennsylvania, The or regional network of SBDC service College Street, Columbia, SC 29208, Wharton School, 423 Vance Hall, centers. An SBDC must have a full-time (803) 777–4907. Philadelphia, PA 19104, (215) 898– Director. SBDCs must use at least 80 Ms. Kelly Manning, State Director, 1219. percent of the Federal funds to provide Office of Business Development, 1625 Ms. Kristin Johnson, Regional Director, services to small businesses. SBDCs use Broadway, Suite 1710, Denver, CO Humboldt State University, Office of volunteers and other low cost resources 80202, (303) 892–3864. Economic & Community Dev., 1 as much as possible. Mr. Henry Turner, Executive Director, Harpst Street, 2006A, Siemens Hall, SBDC Services Howard University, 2600 6th St., Arcata, CA 95521, (707) 445–9720 NW., Room 125, Washington, DC x317. An SBDC must have a full range of 20059, (202) 806–1550. Ms. Vi Pham, Region Director, business development and technical Mr. Jerry Cartwright, State Director, California State University, Fullerton, assistance services in its area of University of West Florida, 401 East 800 North State College Blvd., operations, depending upon local needs, Chase Street, Suite 100, Pensacola, FL Fullerton, CA 92834, (714) 278–2719. SBA priorities and SBDC program 32502, (850) 473–7800. Ms. Debbie Trujillo, Region Director, objectives. Services include training and Mr. Allan Adams, Acting State Director, Southwestern Community College counseling to existing and prospective University of Georgia, 1180 East District, 900 Otey Lakes Road, Chula small business owners in management, Broad Street, Athens, GA 30602, (706) Vista, CA 91910, (619) 482–6388. marketing, finance, operations, 542–6762. Mr. Chris Rosander, Region Director, planning, taxes, and any other general Mr. Darryl Mleynek, State Director, University of California, Merced, 550 or technical area of assistance that University of Hawaii/Hilo, 308 East Shaw, Suite 105A, Fresno, CA supports small business growth. Kamehameha Avenue, Suite 201, 93710, (559) 241–6590. The SBA district office and the SBDC Hilo, HI 96720, (808) 974–7515. Mr. Dan Ripke, Region Director, must agree upon the specific mix of Mr. Sam Males, State Director, California State University, Chico services. They should give particular University of Nevada/Reno, College of Research Foundation, Chico, CA attention to SBA’s priority and special Business Administration, Room 411, 95929–0765, (530) 898–4598. emphasis groups, including veterans, Reno, NV 89557–0100, (775) 784– FOR FURTHER INFORMATION CONTACT: women, exporters, the disabled, and 1717. Antonio Doss, Associate Administrator minorities. Mr. Patrick Geho, State Director, Middle for SBDCs, U.S. Small Business SBDC Program Requirements Tennessee State University, P.O. Box Administration, 409 Third Street, SW., 98, Murfreesboro, TN 37132, (615) Sixth Floor, Washington, DC 20416. An SBDC must meet programmatic 849–9999. and financial requirements imposed by SUPPLEMENTARY INFORMATION: Mr. Bruce Kidd, Acting State Director, statute, regulations or its Cooperative Economic Development Council, One Description of the SBDC Program Agreement. The SBDC must: North Capitol, Suite 900, A partnership exists between SBA (a) Locate service centers so that they Indianapolis, IN 46204, (317) 232– and an SBDC. SBDCs offer training, are as accessible as possible to small 2464. counseling and other business businesses; Ms. Mary Collins, State Director, development assistance to small (b) Open all service centers at least 40 University of New Hampshire, 108 businesses. Each SBDC provides hours per week, or during the normal McConnell Hall, Durham, NH 03824, services under a negotiated Cooperative business hours of its state or academic (603) 862–4879. Agreement with the SBA. SBDCs Host Organization, throughout the year; Mr. John Massaua, State Director, operate on the basis of a state plan to (c) Develop working relationships University of Southern Maine, 96 provide assistance within a state or with financial institutions, the Falmouth Street, Portland, ME 04103, geographic area. The initial plan must investment community, professional (207) 780–4420. have the written approval of the associations, private consultants and Mr. Brett Rogers, State Director, Governor. Non-Federal funds must small business groups; and Washington State University, 534 East match Federal funds. An SBDC must (d) Maintain lists of private Trent Avenue, Spokane, WA 99210– operate according to law, the consultants at each service center. 1495, (509) 358–7765. Cooperative Agreement, SBA’s Mr. Ron Newman, Acting State Director, regulations, the annual Program Dated: August 25, 2006. University of North Dakota, 1600 East Announcement, and program guidance. Antonio Doss, Century Avenue, Suite 2, Bismarck, Associate Administrator for Small Business ND 58503, (701) 328–5375. Program Objectives Development Centers. Mr. Casey Jeszenka, SBDC Director, The SBDC program uses Federal [FR Doc. E6–14657 Filed 9–1–06; 8:45 am] University of Guam, P.O. Box 5061— funds to leverage the resources of states, BILLING CODE 8025–01–P

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DEPARTMENT OF STATE positions for the next meeting of the States, or a private sector entity, and at Inter-American Telecommunication this stage does not require the [Public Notice 5538] Commission (CITEL) Permanent concurrence of all affected States. After Culturally Significant Objects Imported Consultative Committee II (PCCII) the Proposal has been reviewed, the for Exhibition Determinations: ‘‘I See October 17–20, 2006 in Caracas, Applicant may be asked to proceed to No Stranger: Early Sikh Art and Venezuela. Members of the public will the second step in the process by Devotion’’ be admitted to the extent that seating is submitting an Application with more available, and may join in the detailed information about the project. Summary: Notice is hereby given of discussions, subject to the instructions DATES: Proposals must be received on or the following determinations: Pursuant of the Chair. before October 23, 2006. The due date to the authority vested in me by the Act The International Telecommunication for Applications will be April 2, 2007. Advisory Committee (ITAC) will meet of October 19, 1965 (79 Stat. 985; 22 ADDRESSES: Interested parties should on September 26, 2006 at 10 a.m.; the U.S.C. 2459), Executive Order 12047 of submit Proposals to Mr. James D. Ray, meeting location has not yet been March 27, 1978, the Foreign Affairs Chief Counsel, Federal Highway established. The meeting will review Reform and Restructuring Act of 1998 Administration, 400 Seventh Street, contributions to the forthcoming CITEL (112 Stat. 2681, et seq.; 22 U.S.C. 6501 SW., Room 4213, Washington, DC 20590 PCCII meeting as well as discuss reports note, et seq.), Delegation of Authority or electronically to on the World Radiocommunication No. 234 of October 1, 1999, Delegation [email protected]. of Authority No. 236 of October 19, Conference. Information on the meeting 1999, as amended, and Delegation of location and conference bridge FOR FURTHER INFORMATION CONTACT: Mr. Authority No. 257 of April 15, 2003 [68 information may be obtained by calling Michael W. Harkins, Attorney-Advisor, FR 19875], I hereby determine that the the ITAC Secretariat at 202 647–3234. (202) 366–4928 objects to be included in the exhibition Dated: August 29, 2006. ([email protected]), or Ms. Alla C. Shaw, Attorney-Advisor, (202) 366– ‘‘I See No Stranger: Early Sikh Art and Anne Jillson, 1042 ([email protected]), Federal Devotion,’’ imported from abroad for Foreign Affairs Officer, International temporary exhibition within the United Communications & Information Policy, Highway Administration, Office of the States, are of cultural significance. The Department of State. Chief Counsel, 400 Seventh Street, SW., objects are imported pursuant to loan [FR Doc. E6–14646 Filed 9–1–06; 8:45 am] Room 4230, Washington, DC 20590. Office hours are from 7:30 a.m. to 5 agreements with the foreign owners or BILLING CODE 4710–07–P custodians. I also determine that the p.m., e.t., Monday through Friday, exhibition or display of the exhibit except Federal holidays. objects at the Rubin Museum of Art, DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: New York, New York, from on or about Electronic Access and Filing September 18, 2006, until on or about Corridors of the Future Program January 29, 2007, and at possible An electronic copy of this document AGENCY: additional venues yet to be determined, Department of Transportation may also be downloaded from the Office is in the national interest. Public Notice (DOT). of the Federal Register’s home page at: of these Determinations is ordered to be ACTION: Notice; request for applications. http://www.archives.gov and the published in the Federal Register. Government Printing Office’s Web page SUMMARY: The purpose of this notice is at: http://www.access.gpo.gov/nara. For Further Information Contact: For to solicit applications from interested further information, including a list of parties to participate in the Corridors of Background the exhibit objects, contact Paul the Future Program (CFP) selection The DOT is establishing a Corridors of Manning, Attorney-Adviser, Office of process. The goal of the CFP is to the Legal Adviser, U.S. Department of the Future selection process to accelerate the development of multi- accelerate the development of multi- State (telephone: 202/453–8050). The State transportation Corridors of the address is U.S. Department of State, SA– State, and possibly multi-use, Future for one or more transportation transportation corridors to help reduce 44, 301 4th Street, SW., Room 700, modes, by selecting up to 5 major Washington, DC 20547–0001. congestion. The DOT is seeking transportation corridors in need of applications from either public or Dated: August 29, 2006. investment for the purpose of reducing private sector entities to identify and C. Miller Crouch, congestion. The Federal government has advance multi-State transportation Principal Deputy Assistant Secretary for an important role to play in facilitating corridor investments that can alleviate Educational and Cultural Affairs, Department and accelerating multi-State current or forecasted congestion. of State. investments. States are encouraged to Through this selection process, the DOT [FR Doc. E6–14650 Filed 9–1–06; 8:45 am] work together and with private sector will select up to 5 Corridors in need of BILLING CODE 4710–05–P partners to develop multi-State corridor investment. proposals to advance project Congestion is one of the single largest development and seek alternative threats to America’s economic DEPARTMENT OF STATE financial opportunities. CFP projects prosperity and way of life. Former may augment an existing transportation [Public Notice 5513] Secretary of Transportation Norman Y. corridor or may develop entirely new Mineta framed the problem earlier this Announcement of Meetings of the facilities. year: International Telecommunication Applications will be submitted in a two-step process. In the first step, the If power blackouts drained billions of Advisory Committee dollars from the economy each year, it would Applicant will submit a Corridor be considered a crisis of unacceptable Summary: Proposal (Proposal) containing general proportion. Yet many accept the fact that The International Telecommunication information about the proposed Americans squander 3.7 billion hours and 2.3 Advisory Committee will meet on Corridor project (Corridor). A Proposal billion gallons of fuel each year sitting in September 26, 2006 at 10 am to prepare may be submitted by one State, multiple traffic jams and waste $9.4 billion as a result

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of airline delays. Even worse, congestion features, rough estimate of capital cost, 1. Physical Description takes a major bite out of our day—time that proposed delivery schedule, likely could be spent with families, friends, and financing mechanism(s), traffic trends The Application should include a 1 neighbors. (on competing corridors if a new detailed description of the proposed Congestion now draws close to $200 corridor is being proposed), and interstate transportation Corridor, billion per year from the U.S. economy. information about the status of including a map detailing the Corridor In an effort to combat the growing agreement among the States to advance and its connection to existing problems of congestion, Secretary the proposed Corridor. Private entities transportation infrastructure. Mineta launched the DOT’s ‘‘National should consult with relevant State Strategy to Reduce Congestion on 2. Congestion Reduction transportation agencies and Governors’ America’s Transportation Network’’ in offices prior to submitting a Proposal. May 2006. The Strategy consists of a 6- The proposed Corridor may address Corridor proposals may include new point plan, including the Corridors of current or future congestion in any capacity development or upgrades/ the Future selection process, designed transportation mode(s). For each mode extensions of existing capacity, but the both to reduce congestion in the short- included in the Application, the proposals should involve two or more term and to build the foundation for Applicant should describe where and States. The Applicant should also state successful longer-term congestion how the proposed Corridor would (i) whether the proposed Corridor will reduction efforts.2 reduce current congestion levels or (ii) cross any Federal or Indian lands. To address future expected congestion Objectives the extent the proposed Corridor is based on projected travel trends and The primary objectives of the CFP are already in development, the Applicant demographic changes in the proposed to: should describe broadly the remaining Corridor. The Applicant should discuss A. Promote innovative national and activities that must be undertaken. the national impact of the Corridor on regional approaches to congestion The Applicant may be requested to freight and/or traffic congestion. The mitigation. submit additional information if more congestion reduction discussion should B. Address major transportation information is needed at this stage. The include all relevant data related to the investment needs. Applicant should estimate the length of proposed congestion relief benefits of C. Illustrate the benefits of alternative time needed before it would have the the Corridor. financial models that involve private necessary information and concurrences 3. Mobility Improvements sector capital. needed to submit a detailed Corridor D. Promote a more efficient Application, discussed below. The The Application should describe how environmental review and project deadline for submitting a Proposal is the Corridor would provide increased development process. October 23, 2006. If an Applicant E. Develop corridors that will increase mobility of people and freight. Whether submits a Proposal after the October 23 the proposed Corridor is on a new or freight system reliability and enhance deadline, the Proposal will be the quality of life for U.S. citizens. existing alignment, the Application considered to the extent practicable but should explain how transportation F. Demonstrate the viability of a will not necessarily be eligible to transportation investment model based technologies would be used to benefit advance to the next step in the users by reducing congestion and on sound economics and market Application process during the first principles. enhancing the mobility and efficiency of phase. the proposed Corridor. Examples of Application Process If a Proposal is accepted for the final mobility improvements include the use The application process consists of competition, the Applicant will be of intelligent transportation systems, two phases: The submission of a invited to submit a Corridor traffic conditions monitoring, Corridor Proposal followed by an Application, discussed below. The DOT computerized traffic control systems, invitation to submit a formal intends to announce the first phase of traveler information systems, electronic application. Each phase is discussed Corridor Proposals for further toll collection, and open road tolling. below. consideration by the middle of 4. Economic Benefits and Support of November 2006. A. Phase 1: Corridor Proposal Commerce B. Phase 2: Corridor Application A State, multiple States or a private The Application should explain how entity (Applicant) interested in the CFP If an Applicant is invited to submit a the proposed Corridor would support should submit a Corridor Proposal to Corridor Application (Application) for U.S. economic growth. The Application the DOT. The length of the Proposal the CFP, the Application must be should also provide an estimate of the should not exceed ten single-spaced received not later than April 2, 2007, percentage of overall Corridor traffic pages. The Proposal should, in general unless an extension is granted in writing that is likely to be freight traffic. terms, describe the Corridor, including by the FHWA Chief Counsel at his its purpose, location, preliminary design discretion in response to a written 5. Value to the Users of the Corridor request for an extension. All Federal, 1 The Application should describe the Remarks made by Secretary Mineta to the State, and Indian tribal governments National Retail Federation, May 16, 2006. benefits of the proposed Corridor to its 2 In addition to the Corridors of the Future that own property which will be users. Potential benefits include: selection process, the ‘‘National Strategy to Reduce directly impacted by the proposed Reduced travel time; increased safety; Congestion on America’s Transportation Network’’ Corridor should concur in the faster and more convenient access to also includes the following five areas of emphasis: Application. The DOT intends to (1) Relieve urban congestion; (2) Unleash private intermodal facilities, such as rail and sector investment resources; (3) Promote announce the initial CFP Corridors port terminals; faster and more operational and technological improvements; (4) approved for further development after convenient access to terminals for Target major freight bottlenecks and expand freight spring 2007. policy outreach; and (5) Accelerate major aviation commercial vehicles; environmental capacity projects and provide a future funding The Application should address each benefits; truck-only lanes; and increased framework for the aviation system. of the following: travel speeds.

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6. Innovations in Project Delivery and b. Construction, reconstruction, and/ development process for title 23, United Finance or rehabilitation activities; and States Code projects. Potential areas of c. Acquisition of real property The Application should highlight any experimentation for CFP projects (including land related to the project innovative project delivery and include commercialization of rights-of- and improvements to land). way for new facilities, innovative financing features proposed for the The Application also should describe finance, tolling and contracting Corridor. The Applicant should address the results of any preliminary requirements. More information about the eligibility of the proposed project for engineering or preconstruction activities the SEP–15 program is available on the credit assistance under the done to date and relate it to the project following Web site: http:// Transportation Infrastructure Finance time-line. www.fhwa.dot.gov/ppp/index.htm. The Innovation Act (TIFIA) and Private Department is considering further Activity Bonds. CFP Development Agreement experimental programs that may apply 7. Exceptional Environmental After a Corridor is accepted for to the approved Corridors. Stewardship administration under the CFP, the next major action would be to work with the C. Expedited Commitment Process for The Application should describe any coalition of States, municipalities, TIFIA Credit Assistance proposed innovative methods for Indian tribal government(s), and Federal The TIFIA program provides 3 forms completing the environmental review agencies (collectively referred to as the of credit assistance—secured loans, loan process effectively, and/or any Coalition) to draft a CFP Development guarantees, and standby lines of credit— exceptional proposed measures for Agreement for the Corridor (CFPDA). for surface transportation projects of avoiding or mitigating air, noise, or The CFPDA would address the national or regional significance. Each water impacts, or impacts to commitments of all parties to the Coalition seeking to incorporate TIFIA environmental or cultural resources. Corridor (Federal, State, municipal and credit assistance as part of a Corridor 8. Finance Plan and Potential Private private) with respect to the financing, finance plan can receive a preliminary Sector Participation planning and design, environmental TIFIA commitment under SEP–15. process, construction, operations, The DOT would work with each The Applicant should submit an maintenance, and other components of Coalition to establish a preliminary plan initial plan that identifies potential the Corridor. The CFPDA would also of finance incorporating TIFIA sources of financing and the private identify the specific objectives of the assistance. This preliminary sector’s likely role. This may include Corridor and performance measures that commitment would expedite the loan proposals for private sector financial would be used to evaluate the success review process to be undertaken should contribution to the proposed Corridor. of the Corridor in achieving these the Coalition’s selected concessionaire Private sector participation can objectives. seek TIFIA assistance. Information encompass a wide range of contractual about the TIFIA credit program is arrangements by which public (Federal, DOT Resources and Commitments To available on the following Web site: State, or local) authorities and private Expedite the Delivery of the Corridor http://tifia.fhwa.dot.gov/. entities collaborate in the financing, If a Corridor is selected for development, operation, and ownership D. Conditional Approval for Private participation in the CFP, the DOT will Activity Bonds of a transportation infrastructure work with the Coalition to expedite the project. Potential contractual delivery of the Corridor. Potential DOT Upon application for private activity arrangements for the Corridor include resources and commitments include: bonds (PABs) under Section 11143 of but are not limited to: the Safe, Accountable, Flexible, a. Long-term concessions or franchise A. Coordination of a More Efficient Efficient Transportation Equity Act: A agreements; Environmental Review Process Legacy for Users (SAFETEA–LU) (Pub. b. Design, Build, Operate and Corridors selected for the CFP may L. 109–59; Aug. 10, 2005), projects Maintain contracts; request to be added to the Secretary of selected for the CFP may be granted c. Design Build Finance Operate Transportation’s list of high-priority conditional approval for PABs. Section contracts; transportation infrastructure projects 11143 amended the Internal Revenue d. Build Own Operate contracts; and under Executive Order 13274, Code (IRC) by adding a new exempt e. Design Build contracts. ‘‘Environmental Stewardship and highway category to section 142 of the The Applicant should describe the Transportation Infrastructure Project IRC, ‘‘Qualified Highway or Surface efficiencies likely to result from private Review.’’ For these projects, Federal Transportation Facilities.’’ Bonds issued sector participation, as well as the agencies shall to the maximum extent to provide for construction of Qualified process likely to be used to ensure practicable expedite their reviews for Highway or Surface Transportation robust competition among private relevant permits or other approvals, and Facilities must satisfy Internal Revenue financial entities take related actions as necessary, Code requirements associated with exempt facilities. 9. Proposed Project Time-Line consistent with available resources and applicable laws. Information about Private Activity Bonds are not subject The Application should include a Executive Order 13274 is available on to the general volume cap limitation for proposed project time-line with the following Web site: http:// exempt facility bonds; however, they are estimated start and completion dates for environment.fhwa.dot.gov/strmlng/ subject to a nationwide $15 billion major elements of the proposed Corridor index.asp. limitation that is allocated by the such as: Secretary of Transportation. Subject to a. Development phase activities B. Accelerated Review and Conditional the project qualifying as an exempt (planning, feasibility analysis, revenue Approval of Experimental Features highway or surface transportation forecasting, environmental review, Under the FHWA SEP–15 Process facility project, the project’s submission preliminary engineering and design Special Experimental Project 15 (SEP– of a successful application for PAB work, and other preconstruction 15) is designed to permit tests and authority, and subject to selection for activities); experimentation in the project the CFP, the Secretary will

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conditionally allocate a portion of the titled: Ivanpah Valley Airport Public and terminal capacity, this level of nationwide qualified highway or surface Lands Transfer Act, the FAA, operations would result in unacceptable transportation limitation to a Corridor representing the Department of levels of congestion and delay. project to facilitate its financing and Transportation (DOT), and the BLM, Therefore, additional airfield, roadway, construction. representing the Department of the and terminal facilities would be Interior (DOI), will serve as joint lead required to meet future operations and E. Priority to Tolling Programs Federal agencies for the preparation of passenger demand in the region. Projects selected for the CFP will be this EIS. FOR FURTHER INFORMATION CONTACT: granted priority under the limited toll The Clark County Department of programs contained in the Intermodal Aviation (CCDOA), the sponsor of the Andrew M. Richards, Manager, Federal Surface Transportation Efficiency Act of project, has proposed to construct and Aviation Administration, San Francisco 1991 (ISTEA) (Pub. L. 102–240; Dec. 18, operate a new supplemental commercial Airports District Office, 831 Mitten 1991), the Transportation Equity Act for service airport (the Ivanpah Valley Road, Room 210, Burlingame, CA the 21st Century (TEA–21) (Pub. L. 105– Airport) 30 miles south of the Las Vegas 94010, Telephone: (650) 876–2778 and 178; June 8, 1998), or SAFETEA–LU. metropolitan area in the Ivanpah Valley Jeffrey Steinmetz, Planning and Additionally, the DOT may consider (the Proposed Action) in order to ensure Environmental Coordinator, Bureau of using its experimental authority under sufficient commercial service capacity Land Management, Las Vegas Field SEP–15, or any other experimental for the metropolitan area. CCDOA Office, 4701 North Torrey Pines Drive, programs that may apply, to grant propose that the new supplemental Las Vegas, NV 89130, Telephone: (702) flexibility with respect to tolling. commercial service airport would be 515–5097. Comments on the scope of operational by the year 2017, and would the EIS should be submitted to the F. Access to DOT Experts supplement existing capacity at addresses above and must be Coalitions accepted for the CFP will McCarran International Airport postmarked no later than Monday, have access to DOT experts (McCarran Airport). CCDOA’s proposal November 6, 2006. knowledgeable in the areas of planning, to construct a supplemental airport SUPPLEMENTARY INFORMATION: In the the environment, public-private requires approval by the FAA. Such Ivanpah Valley Airport Public Lands partnerships, finance, construction, Federal action is subject to the National Transfer Act, Congress directed the safety, operations, and asset Environmental Policy Act (NEPA) and Bureau of Land Management (BLM), management. requires preparation of an EIS, which acting on behalf of the Secretary of the will evaluate the environmental impacts G. Other Discretionary Funding DOI, to transfer property in Ivanpah of the proposed Ivanpah Valley Airport Valley, Nevada to Clark County for the The DOT will work with Applicant(s) and other reasonable alternatives for purpose of developing an airport facility to identify other possible discretionary meeting the aviation needs of southern and related infrastructure. That transfer funding sources. Nevada. has been completed. In accordance with Authority: 49 U.S.C. § 101. CCDOA has proposed to construct the Ivanpah Valley Airport Public Lands and operate a new supplemental Transfer Act, should completion of the Issued on: August 24, 2006. commercial service airport in response Maria Cino, NEPA process lead to the determination to the need for supplemental that an airport should not be Acting Secretary. commercial service to the Las Vegas constructed at the site, it will be [FR Doc. E6–14634 Filed 9–1–06; 8:45 am] metropolitan area. McCarran Airport, transferred back to BLM ownership. BILLING CODE 4910–22–P which is owned and operated by Clark The Ivanpah Valley Airport Public County, is currently the primary commercial passenger and cargo airport Lands Transfer Act also directed the DEPARTMENT OF TRANSPORTATION that serves as a gateway to the Las Vegas Departments of Transportation and metropolitan area and southern Nevada. Interior to prepare a joint EIS ‘‘with Federal Aviation Administration The number of commercial service respect to initial planning and construction’’ prior to construction of an Notice of Intent To Prepare an operations has increased substantially at McCarran Airport over the past decade, airport facility and related infrastructure Environmental Impact Statement for largely as a result of the rapid growth in on the proposed Ivanpah site. The FAA the Southern Nevada Supplemental tourism, convention business, and and BLM will prepare an EIS for what Airport, Clark County, NV, and To service industries associated with the is being called the Southern Nevada Conduct Public Scoping Meetings gaming and entertainment industry in Supplemental Airport. The EIS will address a range of alternatives that AGENCY: Federal Aviation Las Vegas, as well as an increase in Administration (FAA), Department of population. Forecasts predict continued achieve the purpose and need and that Transportation (DOT). growth in aircraft operations at rates are reasonable. The range of alternatives identified during the scoping process ACTION: Notice of Intent to Prepare an significantly exceeding the national may include alternatives other than the Environmental Impact Statement and to average. Proposed Action. The alternatives may Conduct Public Scoping Meetings. Although McCarran Airport will be able to accommodate passenger demand include, but are not limited to, SUMMARY: The Federal Aviation in the next few years with the planned expansion of McCarran Airport and use Administration (FAA) and the Bureau of expansion and development of new of other existing airports. The Land Management (BLM) are issuing terminal facilities, parking lots, and alternatives will also include a no- this notice to the public that an roadways, FAA forecasts indicate that action scenario as required by NEPA. Environmental Impact Statement (EIS) by the year 2015, activity at McCarran The FAA and BLM intend to use the will be prepared to consider the Airport will reach 706, 684 annual preparation of this EIS to comply with construction and operation of a new aircraft operations (takeoffs or landings), applicable laws having public supplemental commercial service representing an approximate 15 percent involvement requirements. Comments airport in southern Nevada. In increase over existing operations. addressing your issues should be accordance with Public Law 106–362, Without additional airfield, roadway, addressed to the listed contact persons

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and must be postmarked no later than DEPARTMENT OF TRANSPORTATION highways using innovative technologies Monday, November 6, 2006. and practices to accomplish the fast Federal Highway Administration Public Scoping Meetings: The FAA construction of efficient and safe and BLM intend to conduct a scoping [Docket No. FHWA 2006–25748] highways and bridges. ‘‘Highways for process to gather input from interested LIFE’’ is focused on accelerating the rate parties to help identify issues of concern Agency Information Collection of adoption of proven technologies. The Technology Partnerships component of associated with the Proposed Action. In Activities: Request for Comments for New Information Collection. the program allows the FHWA to give addition to this notice, Federal, State, grants or enter into cooperative and local agencies, which have AGENCY: Federal Highway agreements or other transactions to jurisdiction by law or have special Administration (FHWA), DOT. move proven but under-utilized or un- expertise with respect to any potential ACTION: Notice and request for utilized market-ready technologies and environmental impacts associated with comments. methods into practice in the highway the Proposed Action, will be notified by construction business. Members of the SUMMARY: The FHWA invites public letter of an agency scoping meeting. transportation industry would be comment about our intentions to request To notify the general public of the required to prepare a proposal the Office of Management and Budget scoping process, a legal notice describing the innovation, the problem (OMB) approval for a new information describing the Proposed Action will be collection, which is summarized below it addresses, how it differs from other products currently available, the placed in newspapers having general under SUPPLEMENTARY INFORMATION. We circulation in the project area. The are required to publish this notice in the potential for payoff, and the steps newspaper notice will notify the public Federal Register by the Paperwork required to bring the innovation to that scoping meetings will be held to Reduction Act of 1995. commercialization. The proposal would be reviewed by a panel to evaluate and gain their input concerning the DATES: Please submit comments by select proposals for ‘‘Technology Proposed Action, alternatives to be November 6, 2006. considered, and impacts to be Partnerships’’ funding. ADDRESSES: You may submit comments evaluated. The public scoping meetings identified by DOT DMS Docket Number Respondents: An estimated 53 are scheduled for 5 to 8 p.m. on FHWA–2006–25748 to the Docket Clerk, Members of the transportation industry. Tuesday, October 3, 2006 at Jean Airport by any of the following methods: Frequency: The information will be Special Events Center, 23600 Las Vegas • Web Site: http://dms.dot.gov. collected once in the year 2007 and Boulevard South, Jean, NV; at 5 to 8 Follow the instructions for submitting twice a year in 2008 and 2009. p.m. on Wednesday, October 4, 2006, at comments on the DOT electronic docket Estimated Average Burden per Panos Hall, 5300 South El Camino Road, site. Response: 24 hours per respondent per • Las Vegas, NV; and 10 a.m. to 12 p.m. Fax: 1–202–493–2251. application. on Thursday, October 5, 2006 at Panos • Mail: Docket Management Facility; Hall, 5300 South El Camino Road, Las U.S. Department of Transportation, 400 Estimated Total Annual Burden Vegas, NV. An agency scoping meeting Seventh Street, SW., Nassif Building, Hours: It is anticipated that there will be will be held specifically for Room PL–401, Washington, DC 20590– approximately 160 applications for the governmental agencies on Thursday, 0001. duration of the three-year program for October 5, 2006 at Panos Hall, 5300 • Hand Delivery: Room PL–401 on an estimated 1,280 total annual burden hours. South El Camino Road, Las Vegas, NV. the plaza level of the Nassif Building, The agency meeting will be held from 400Seventh Street, SW., Washington, Public Comments Invited: You are 2 p.m. to 4 p.m. DC, between 9 a.m. and 5 p.m., Monday asked to comment on any aspect of this through Friday, except Federal holidays. information collection, including: (1) Further information about the EIS and Docket: For access to the docket to Whether the proposed collection is the Proposed Action will be posted read background documents or necessary for the FHWA’s performance; when available at the following Web comments received go to http:// (2) the accuracy of the estimated site: http://www.snvairporteis.com. dms.dot.gov at any time or to Room 401 burden; (3) ways for the FHWA to Written and oral comments will be on the plaza level of the Nassif Building, enhance the quality, usefulness, and accepted at each of the meetings, or can 400 Seventh Street, SW., Washington, clarity of the collected information; and be mailed to the BLM and FAA contact DC, between 9 a.m. and 5p.m., Monday (4) ways that the burden could be for inclusion into the record. The through Friday, except Federal holidays. minimized, including the use of purpose of the scoping meetings is to FOR FURTHER INFORMATION CONTACT: Julie electronic technology, without reducing receive input from the public regarding Zirlin, 202–366–9105, Department of the quality of the collected information. the scope and process related to the EIS. Transportation, Federal Highway The agency will summarize and/or Issued in Lawndale, California, on Administration, Office of Infrastructure, include your comments in the request Tuesday, August 29, 2006. 400 Seventh Street, SW., Washington, for OMB’s clearance of this information collection. Brian Q. Armstrong, DC 20590. Office hours are from 8:00 am to 4:30 pm., Monday through Friday, Authority: The Paperwork Reduction Act Acting Manager, Airports Division, Western- except Federal holidays. Pacific Region. of 1995; 44 U.S.C. Chapter 35, as amended; SUPPLEMENTARY INFORMATION: [FR Doc. 06–7421 Filed 9–1–06; 8:45 am] and 49 CFR 1.48. Title: Highways for LIFE Technology Issued On: August 30, 2006. BILLING CODE 4910–13–M Partnerships Program. Background: Section 1502 of James R. Kabel, SAFETEA–LU establishes the Chief, Management Programs and Analysis ‘‘Highways for LIFE’’ Pilot Program. The Division. purpose of the Highways for LIFE pilot [FR Doc. E6–14658 Filed 9–1–06; 8:45 am] program is to advance longer-lasting BILLING CODE 4910–22–P

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DEPARTMENT OF TRANSPORTATION be viewed in the Environmental By issuing this notice, the Board is Screening Tool at http://etdmpub.fla- instituting an exemption proceeding Federal Highway Administration etat.org/. Additional project related pursuant to 49 U.S.C. 10502(b). A final information may also be viewed at the decision will be issued by December 4, Environmental Impact Statement; Clay St. Johns River Crossing, Project 2006. and St. Johns Counties, Florida Development & Environmental Study Any offer of financial assistance AGENCY: Federal Highway Web site at http://www.sjrbridge.com/ (OFA) under 49 CFR 1152.27(b)(2) will Administration (FHWA), DOT. documents.htm. There are no plans to be due no later than 10 days after hold a formal scoping meeting after this ACTION: Notice of Intent. service of a decision granting the notice of intent to prepare an EIS. The petition for exemption. Each OFA must SUMMARY: The FHWA is issuing this information gained through agency be accompanied by a $1,300 filing fee. notice to advise the public that an meetings, the ETDM process, and public See 49 CFR 1002.2(f)(25). Environmental Impact Statement (EIS) involvement will be used for scoping. will be prepared for a proposed highway To ensure that the full range of issues All interested persons should be project in Clay and St. Johns Counties, related to the proposed action is aware that, following abandonment of Florida. addressed and all significant issues rail service and salvage of the line, the FOR FURTHER INFORMATION CONTACT: Greg identified, comments and suggestions line may be suitable for other public Hall, Transportation Engineer, Federal are invited from all interested parties. use, including interim trail use. Any Highway Administration, 545 John Comments or questions concerning this request for a public use condition under Knox Road, Suite 200, Tallahassee, proposed action and the EIS should be 49 CFR 1152.28 or for trail use/rail Florida 32303, Telephone 850–942– directed to FHWA at the address banking under 49 CFR 1152.29 will be 9650. provided above. due no later than September 25, 2006. SUPPLEMENTARY INFORMATION: The (Catalog of Federal Domestic Assistance Each trail use request must be FHWA, in cooperation with the Florida Program Number 20.205, Highway Research, accompanied by a $200 filing fee. See 49 Department of Transportation, will Planning and Construction. The regulations CFR 1002.2(f)(27). prepare an EIS for a proposal to connect implementing Executive Order 12372 regarding inter-governmental consultation on All filings in response to this notice the proposed SR 21/SR 23 Interchange Federal programs and activities apply to this must refer to STB Docket No. AB–497 (Blanding Boulevard/Branan-Field program.) (Sub-No. 3X), and must be sent to: (1) Chaffee Road) in Clay County eastward Issued On: August 29, 2006. Surface Transportation Board, 1925 K across the St. Johns River to either I–95, Robert S. Wright, Street, NW., Washington, DC 20423– or to the southern extension of SR 9B in 0001; and (2) Thomas F. McFarland, Assistant Division Director, Tallahassee, the vicinity of Racetrack Road in St. Thomas F. McFarland, P.C., 208 South Johns County. The proposed action is Florida. [FR Doc. E6–14621 Filed 9–1–06; 8:45 am] LaSalle Street, Suite 1890, Chicago, IL based upon the population growth 60604–1112. Replies to the petition are BILLING CODE 4910–22–P projections and regional transportation due on or before September 25, 2006. system needs. Alternatives under consideration include (1) Taking no Persons seeking further information DEPARTMENT OF TRANSPORTATION action; (2) four lane roadways in Clay concerning abandonment procedures may contact the Board’s Office of Public and St. Johns Counties with the St. Surface Transportation Board Johns River crossing parallel to the Services at (202) 565–1592 or refer to existing Shands Bridge, and (3) four [STB Docket No. AB–497 (Sub-No. 3X)] the full abandonment or discontinuance lane roadways in Clay and St. Johns regulations at 49 CFR part 1152. Minnesota Northern Railroad, Inc.- counties with the St. Johns River Questions concerning environmental Abandonment Exemption-in Polk and crossing between the Buckman Bridge issues may be directed to the Board’s Norman Counties, MN and the Shands Bridge. Section of Environmental Analysis Letters describing the proposed action On August 16, 2006, Minnesota (SEA) at (202) 565–1539. [Assistance for and soliciting comments will be sent to Northern Railroad, Inc. (MNN), filed the hearing impaired is available appropriate Federal, State, and local with the Board a petition under 49 through the Federal Information Relay agencies, and to private organizations U.S.C. 10502 for exemption from the Service (FIRS) at 1–800–877–8339.] and citizens who have expressed provisions of 49 U.S.C. 10903 to An environmental assessment (EA) (or interest in this proposal. Public abandon a 17.0-mile portion of its Ada environmental impact statement (EIS), if meetings were held in Clay and St. Subdivision between milepost 64.0, necessary) prepared by SEA will be Johns Counties in November 2005 and south of Beltrami, and the end of the served upon all parties of record and August 2006. Public Workshops were line at milepost 47.0, south of Ada, in upon any agencies or other persons who held in Clay, St. Johns, and Duval Polk and Norman Counties, MN. The commented during its preparation. Counties in August 2006. A Public line traverses United States Postal Other interested persons may contact Hearing will also be conducted. Public Service Zip Codes 56500, 56510, and SEA to obtain a copy of the EA (or EIS). notice will be given of the time and 56517. EAs in these abandonment proceedings place of the hearing. The Draft EIS will The line does not contain federally normally will be made available within be made available for public and agency granted rights-of-way. Any 60 days of the filing of the petition. The review and comment. An interagency documentation in MNN’s possession deadline for submission of comments on coordination meeting was conducted in will be made available promptly to the EA will generally be within 30 days June 2006. The proposed project has those requesting it. of its service. received comment from agencies The interest of railroad employees participating in Florida’s Efficient will be protected by the conditions set Board decisions and notices are Transportation Decision Making forth in Oregon Short Line R. Co.— available on our Web site at http:// (ETDM) Process. These comments, and Abandonment–Goshen, 360 I.C.C. 91 www.stb.dot.gov/. a summary of project related issues, can (1979). Decided: August 28, 2006.

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By the Board, David M. Konschnik, foreign narcotics traffickers centered in 5. RAMIREZ PONCE, Omar, c/o Director, Office of Proceedings. Colombia and the harm that they cause DISDROGAS LTDA., Yumbo, Valle, Vernon A. Williams, in the United States and abroad. Colombia; c/o RAMIREZ ABADIA Y Secretary. Section 1 of the Order blocks, with CIA. S.C.S., Cali, Colombia; Carrera 38 [FR Doc. E6–14536 Filed 9–1–06; 8:45 am] certain exceptions, all property and No. 13–138, Cali, Colombia; DOB 01 Jan BILLING CODE 4915–01–P interests in property that are in the 1940; POB Cali, Colombia; Cedula No. United States, or that hereafter come 6064636 (Colombia); Passport 6064636 within the United States or that are or (Colombia); (INDIVIDUAL) [SDNT] DEPARTMENT OF THE TREASURY hereafter come within the possession or 6. SALINAS CUEVAS, Jorge Rodrigo, control of United States persons, of: (1) c/o DISDROGAS LTDA., Yumbo, Valle, Office of Foreign Assets Control The persons listed in an Annex to the Colombia; Calle 13B No. 37–86 apt. Order; (2) any foreign person 201–5, Cali, Colombia; DOB 10 Dec Additional Designation of Entities determined by the Secretary of 1945; POB Neiva, Huila, Colombia; Alt. Pursuant to Executive Order 12978 Treasury, in consultation with the POB Cali, Colombia; Cedula No. AGENCY: Office of Foreign Assets Attorney General and Secretary of State, 14930332 (Colombia); Passport Control, Treasury. to play a significant role in international AG684621 (Colombia); (INDIVIDUAL) [SDNT] ACTION: Notice. narcotics trafficking centered in Colombia; or (3) to materially assist in, In addition, OFAC has made a change SUMMARY: The Treasury Department’s or provide financial or technological to the following listing of a person Office of Foreign Assets Control support for or goods or services in previously designated pursuant to the (‘‘OFAC’’) is publishing the names of six support of, the narcotics trafficking Order: newly-designated persons whose activities of persons designated in or RAMIREZ ABADIA, Juan Carlos, Calle property and interests in property are pursuant to this order; and (4) persons 6A No. 34–65, Cali, Colombia; DOB 16 blocked pursuant to Executive Order determined by the Secretary of the Feb 63; Cedula No. 16684736 12978 of October 21, 1995, ‘‘Blocking Treasury, in consultation with the (Colombia); Passport AD127327 Assets and Prohibiting Transactions Attorney General and the Secretary of (Colombia) (individual) [SDNT] with Significant Narcotics Traffickers.’’ State, to be owned or controlled by, or The listing now appears as the In addition, OFAC is publishing a to act for or on behalf of, persons following change to the listing of a person designated pursuant to this Order. previously designated pursuant to On August 29, 2006, the Secretary of RAMIREZ ABADIA, Juan Carlos, Calle Executive Order 12978. the Treasury, in consultation with the 6A No. 34–65, Cali, Colombia; c/o DISDROGAS LTDA., Yumbo, Valle, DATES: The designation by the Secretary Attorney General and Secretary of State, Colombia; c/o RAMIREZ ABADIA Y of the Treasury of the six persons as well as the Secretary of Homeland CIA. S.C.S., Cali, Colombia; DOB 16 Feb identified in this notice pursuant to Security, designated six persons whose 63; Cedula No. 16684736 (Colombia); Executive Order 12978 is effective on property and interests in property are Passport AD127327 (Colombia) August 29, 2006. In addition, the change blocked pursuant to the Order. (individual) [SDNT] to the listing of a person previously The List of Additional Designees designated pursuant to Executive Order Dated: August 29, 2006. Follows 12978 is also effective on August 29, Adam J. Szubin, 2006. 1. DISDROGAS LTDA. (f.k.a. Acting Director, Office of Foreign Assets FOR FURTHER INFORMATION CONTACT: RAMIREZ Y CIA. LTDA.); Carrera 38 Control. Assistant Director, Compliance No. 13–138 Acopi, Yumbo, Valle, [FR Doc. E6–14595 Filed 9–1–06; 8:45 am] Outreach & Implementation,Office of Colombia; Calle 15 No. 11–34, Pasto, BILLING CODE 4811–37–P Foreign Assets Control,Department of Narino, Colombia; Carrera 1D Bis. No. the Treasury,Washington, DC 20220, 15–55, Neiva, Huila, Colombia; Calle 39 tel.: 202/622–2490. No. 17–42, Neiva, Huila, Colombia; DEPARTMENT OF THE TREASURY Apartado Aereo 30530, Cali, Colombia; SUPPLEMENTARY INFORMATION: NIT # 800058576–2 (Colombia); Office of Foreign Assets Control Electronic and Facsimile Availability (ENTITY) [SDNT] Additional Designation of an Entity 2. RAMIREZ ABADIA Y CIA. S.C.S., This document and additional Pursuant to Executive Order 13224 information concerning OFAC are Avenida Estacion No. 5BN–73 of. 207, available from OFAC’s Web site Cali, Colombia; NIT # 800117676–4 AGENCY: Office of Foreign Assets (http://www.treas.gov/ofac) or via (Colombia); (ENTITY) [SDNT] Control, Treasury. facsimile through a 24-hour fax-on 3. ABADIA BASTIDAS, Carmen ACTION: Notice. demand service, tel.: (202) 622–0077. Alicia (a.k.a. ABADIA DE RAMIREZ, Carmen Alicia); c/o DISDROGAS SUMMARY: The Treasury Department’s Background LTDA., Yumbo, Valle, Colombia; c/o Office of Foreign Assets Control On October 21, 1995, the President, RAMIREZ ABADIA Y CIA. S.C.S., Cali, (‘‘OFAC’’) is publishing the name of one invoking the authority, personality inter Colombia; Calle 9 No. 39–65, Cali, newly-designated entity whose property alia, of the International Emergency Colombia; DOB 15 Jul 1934; POB and interests in property are blocked Economic Powers Act (50 U.S.C. 1701– Palmira, Valle, Colombia; Cedula No. pursuant to Executive Order 13224 of 1706) (‘‘IEEPA’’), issued Executive 29021074 (Colombia); (INDIVIDUAL) September 23, 2001, ‘‘Blocking Property Order 12978 (60 FR 54579, October 24, [SDNT] and Prohibiting Transactions With 1995) (the ‘‘Order’’), effective at 12:01 4. OTALORA RESTREPO, Edgar Persons Who Commit, Threaten To a.m. eastern daylight time on October Marino, c/o DISDROGAS LTDA., Commit, or Support Terrorism.’’ 22, 1995. In the Order, the President Yumbo, Valle, Colombia; Cedula No. DATES: The designation by the Secretary declared a national emergency to deal 5198602 (Colombia); (INDIVIDUAL) of the Treasury of one entity identified with the threat posed by significant [SDNT] in this notice pursuant to Executive

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Order 13224 is effective on August 29, in section 5 of the Order and after such Public Law 104 –13 (44 U.S.C. 2006. consultation, if any, with foreign 3506(c)(2)(A)). Currently, the IRS is FOR FURTHER INFORMATION CONTACT: authorities as the Secretary of State, in soliciting comments concerning Form Assistant Director, Compliance consultation with the Secretary of the 13460, Employer/Payer Information. Outreach & Implementation, Office of Treasury, the Secretary of the DATES: Written comments should be Foreign Assets Control, Department of Department of Homeland Security and received on or before November 6, 2006 the Treasury, Washington, DC 20220, the Attorney General, deems to be assured of consideration. tel.: 202/622–2490. appropriate in the exercise of his ADDRESSES: Direct all written comments SUPPLEMENTARY INFORMATION: discretion, persons determined by the to Glenn P. Kirkland, Internal Revenue Secretary of the Treasury, in Service, room 6516, 1111 Constitution Electronic and Facsimile Availability consultation with the Secretary of State, Avenue, NW., Washington, DC 20224. the Secretary of the Department of This document and additional FOR FURTHER INFORMATION CONTACT: Homeland Security and the Attorney information concerning OFAC are Requests for additional information or General, to assist in, sponsor, or provide available from OFAC’s Web site copies of the form and instructions financial, material, or technological (www.treas.gov/ofac) or via facsimile should be directed to R. Joseph Durbala, support for, or financial or other through a 24-hour fax-on-demand (202) 622–3634, at Internal Revenue services to or in support of, such acts of service, tel.: 202/622–0077. Service, room 6516, 1111 Constitution terrorism or those persons listed in the Avenue, NW., Washington, DC 20224, Background Annex to the Order or determined to be or through the internet at subject to the Order or to be otherwise On September 23, 2001, the President [email protected]. issued Executive Order 13224 (the associated with those persons listed in ‘‘Order’’) pursuant to the International the Annex to the Order or those persons SUPPLEMENTARY INFORMATION: Title: Emergency Economic Powers Act, 50 determined to be subject to subsection Employer/Payer Information. OMB Number: 1545–1849. U.S.C. 1701–1706, and the United 1(b), 1(c), or 1(d)(i) of the Order. Form Number: Form 13460. Nations Participation Act of 1945, 22 On, August 29, 2006, the Secretary of Abstract: Form 13460 is used to assist U.S.C. 287c. In the Order, the President the Treasury, in consultation with the filer’s who have underreporter or declared a national emergency to Secretary of State, the Secretary of the correction issues. Also this form address grave acts of terrorism and Department of Homeland Security, the expedites research of the filer’s threats of terrorism committed by Attorney General, and other relevant agencies, designated, pursuant to one or problems. foreign terrorists, including the Current Actions: There is no change September 11, 2001, terrorist attacks in more of the criteria set forth in subsections 1(b), 1(c) or 1(d) of the in the paperwork burden previously New York, Pennsylvania, and at the approved by OMB. This form is being Pentagon. The Order imposes economic Order, one entity whose property and interests in property are blocked submitted for renewal purposes only. sanctions on persons who commit, Type of Review: Extension of a threaten to commit, or support acts of pursuant to Executive Order 13224. The additional designee is as follows: currently approved collection. terrorism. The President identified in Affected Public: Businesses and other the Annex to the Order, as amended by Islamic Resistance Support Organization for-profit organizations, Farms, Not-for- Executive Order 13268 of July 2, 2002, (a.k.a. Hayat Al-Dam Lil-Muqawama Al- profit institutions, Federal government, 13 individuals and 16 entities as subject Islamiya; a.k.a. Islamic Resistance Support Association), Beirut, Lebanon and state, local, or Tribal government. to the economic sanctions. Estimated Number of Respondents: Section 1 of the Order blocks, with Dated: August 29, 2006. 200. certain exceptions, all property and Adam J. Szubin, Estimated Time Per Respondent: 15 interests in property that are in or Acting Director, Office of Foreign Assets minutes. hereafter come within the United States Control. Estimated Total Annual Burden or the possession or control of United [FR Doc. E6–14589 Filed 9–1–06; 8:45 am] Hours: 50. States persons, of: (1) Foreign persons BILLING CODE 4811–37–P The following paragraph applies to all listed in the Annex to the Order; (2) of the collections of information covered foreign persons determined by the by this notice: Secretary of State, in consultation with DEPARTMENT OF THE TREASURY An agency may not conduct or the Secretary of the Treasury, the sponsor, and a person is not required to Secretary of the Department of Internal Revenue Service respond to, a collection of information Homeland Security and the Attorney unless the collection of information General, to have committed, or to pose Proposed Collection; Comment displays a valid OMB control number. a significant risk of committing, acts of Request for Form 13460 Books or records relating to a terrorism that threaten the security of AGENCY: Internal Revenue Service (IRS), collection of information must be U.S. nationals or the national security, Treasury. retained as long as their contents may foreign policy, or economy of the United ACTION: Notice and request for become material in the administration States; (3) persons determined by the comments. of any internal revenue law. Generally, Secretary of the Treasury, in tax returns and tax return information consultation with the Secretary of State, SUMMARY: The Department of the are confidential, as required by 26 the Secretary of the Department of Treasury, as part of its continuing effort U.S.C. 6103. Homeland Security and the Attorney to reduce paperwork and respondent Request For Comments: Comments General, to be owned or controlled by, burden, invites the general public and submitted in response to this notice will or to act for or on behalf of those other Federal agencies to take this be summarized and/or included in the persons listed in the Annex to the Order opportunity to comment on proposed request for OMB approval. All or those persons determined to be and/or continuing information comments will become a matter of subject to subsection 1(b), 1(c), or 1(d)(i) collections, as required by the public record. Comments are invited on: of the Order; and (4) except as provided Paperwork Reduction Act of 1995, (a) Whether the collection of

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information is necessary for the proper SUPPLEMENTARY INFORMATION: Title: Approved: August 22, 2006. performance of the functions of the Automatic Enrollment in Section 403(b) Glenn P. Kirkland, agency, including whether the Plans. IRS Reports Clearance Officer. information shall have practical utility; OMB Number: 1545–1694. [FR Doc. E6–14601 Filed 9–1–06; 8:45 am] (b) the accuracy of the agency’s estimate Form Number: Revenue Ruling 2000– BILLING CODE 4830–01–P of the burden of the collection of 35. information; (c) ways to enhance the Abstract: Revenue Ruling 2000–35 quality, utility, and clarity of the describes certain criteria that must be DEPARTMENT OF THE TREASURY information to be collected; (d) ways to met before an employee’s compensation minimize the burden of the collection of can be reduced and contributed to an Internal Revenue Service information on respondents, including employee’s section 403(b) plan in the [REG–116050–99] through the use of automated collection absence of an affirmative election by the techniques or other forms of information employee. Proposed Collection; Comment technology; and (e) estimates of capital Current Actions: There is no change Request for Regulation Project or start-up costs and costs of operation, in the paperwork burden previously maintenance, and purchase of services AGENCY: Internal Revenue Service (IRS), approved by OMB. This form is being Treasury. to provide information. submitted for renewal purposes only. ACTION: Notice and request for Approved: August 22, 2006. Type of Review: Extension of a comments. Glenn P. Kirkland, currently approved collection. IRS Reports Clearance Officer. Affected Public: Not-for-profit SUMMARY: The Department of the [FR Doc. E6–14600 Filed 9–1–06; 8:45 am] institutions, and state, local or tribal Treasury, as part of its continuing effort BILLING CODE 4830–01–P governments. to reduce paperwork and respondent Estimated Number of Respondents: burden, invites the general public and 100. other Federal agencies to take this DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 1 opportunity to comment on proposed hour, 45 minutes. and/or continuing information Internal Revenue Service Estimated Total Annual Burden collections, as required by the Paperwork Reduction Act of 1995, Proposed Collection; Comment Hours: 175. Public Law 104–13 (44 U.S.C. Request for Revenue Ruling 2000–35 The following paragraph applies to all of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an AGENCY: Internal Revenue Service (IRS), by this notice: existing final regulation, REG–116050– Treasury. An agency may not conduct or 99, Stock Transfer Rules: Carryover of sponsor, and a person is not required to ACTION: Notice and request for Earnings and Taxes (§ 1.367(b)–1). respond to, a collection of information comments. unless the collection of information DATES: Written comments should be displays a valid OMB control number received on or before November 6, 2006 SUMMARY: The Department of the Books or records relating to a collection to be assured of consideration. Treasury, as part of its continuing effort of information must be retained as long ADDRESSES: Direct all written comments to reduce paperwork and respondent as their contents may become material to Glenn P. Kirkland, Internal Revenue burden, invites the general public and in the administration of any internal Service, room 6516, 1111 Constitution other Federal agencies to take this revenue law. Generally, tax returns and Avenue, NW., Washington, DC 20224. opportunity to comment on proposed tax return information are confidential, FOR FURTHER INFORMATION CONTACT: and/or continuing information as required by 26 U.S.C. 6103. Requests for additional information or collections, as required by the Request For Comments: Comments copies of the regulation should be Paperwork Reduction Act of 1995, directed to Allan Hopkins, at (202) 622– Public Law 104–13 (44 U.S.C. submitted in response to this notice will be summarized and/or included in the 6665, or at Internal Revenue Service, 3506(c)(2)(A)). Currently, the IRS is room 6516, 1111 Constitution Avenue, soliciting comments concerning request for OMB approval. All comments will become a matter of NW., Washington, DC 20224, or through Revenue Ruling 2000–35, Automatic the internet, at Enrollment in Section 403(b) Plans. public record. Comments are invited on: (a) Whether the collection of [email protected]. DATES: Written comments should be information is necessary for the proper SUPPLEMENTARY INFORMATION: Title: received on or before November 6, 2006 performance of the functions of the Stock Transfer Rules: Carryover of to be assured of consideration. agency, including whether the Earnings and Taxes. information shall have practical utility; ADDRESSES: Direct all written comments OMB Number: 1545–1711. Regulation (b) the accuracy of the agency’s estimate to Glenn P. Kirkland, Internal Revenue Project Number: REG–116050–99. of the burden of the collection of Service, room 6516, 1111 Constitution Abstract: The final regulations relates information; (c) ways to enhance the Avenue, NW., Washington, DC 20224. to the carryover of certain tax attributes, quality, utility, and clarity of the such as earnings and profits and foreign FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to income tax accounts, when two Requests for additional information or minimize the burden of the collection of corporations combine in a section copies of the form and instructions information on respondents, including 367(b) transaction. should be directed to R. Joseph Durbala, through the use of automated collection Current Actions: There is no change to (202) 622–3634, at Internal Revenue techniques or other forms of information this existing regulation. Service, room 6516, 1111 Constitution technology; and (e) estimates of capital Type of Review: Extension of a Avenue, NW., Washington, DC 20224, or start-up costs and costs of operation, currently approved collection. or through the internet at maintenance, and purchase of services Affected Public: Business or other for- [email protected]. to provide information. profit organizations.

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Estimated Number of Respondents: opportunity to comment on proposed revenue law. Generally, tax returns and 600. and/or continuing information tax return information are confidential, Estimated Time Per Respondent: 8 collections, as required by the as required by 26 U.S.C. 6103. hours. Paperwork Reduction Act of 1995, Request for Comments: Comments Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. submitted in response to this notice will Hours: 1,800. 3506(c)(2)(A)). Currently, the IRS is be summarized and/or included in the The following paragraph applies to all soliciting comments concerning Notice request for OMB approval. All of the collections of information covered 97–45, Highly Compensated Employee comments will become a matter of by this notice: Definition. public record. Comments are invited on: An agency may not conduct or DATES: Written comments should be (a) Whether the collection of sponsor, and a person is not required to information is necessary for the proper respond to, a collection of information received on or before November 6, 2006 to be assured of consideration. performance of the functions of the unless the collection of information agency, including whether the ADDRESSES: Direct all written comments displays a valid OMB control number. information shall have practical utility; to Glenn P. Kirkland, Internal Revenue Books or records relating to a collection (b) the accuracy of the agency’s estimate Service, room 6516, 1111 Constitution of information must be retained as long of the burden of the collection of Avenue NW., Washington, DC 20224. as their contents may become material information; (c) ways to enhance the in the administration of any internal FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of the revenue law. Generally, tax returns and Requests for additional information or information to be collected; (d) ways to tax return information are confidential, copies of the notice should be directed minimize the burden of the collection of as required by 26 U.S.C. 6103. to Allan Hopkins, at Internal Revenue information on respondents, including Request For Comments: Comments Service, room 6516, 1111 Constitution through the use of automated collection submitted in response to this notice will Avenue NW., Washington, DC 20224, or techniques or other forms of information be summarized and/or included in the at (202) 622–6665, or through the technology; and (e) estimates of capital request for OMB approval. All internet at [email protected]. or start-up costs and costs of operation, comments will become a matter of SUPPLEMENTARY INFORMATION: Title: maintenance, and purchase of services public record. Comments are invited on: Highly Compensated Employee to provide information. (a) Whether the collection of Definition. information is necessary for the proper OMB Number: 1545–1550. Approved: August 18, 2006. performance of the functions of the Notice Number: Notice 97–45. Glenn P. Kirkland, agency, including whether the Abstract: Notice 97–45 provides IRS Reports Clearance Officer. information shall have practical utility; guidance on the definition of highly [FR Doc. E6–14604 Filed 9–1–06; 8:45 am] (b) the accuracy of the agency’s estimate compensated employee (HCE) within BILLING CODE 4830–01–P of the burden of the collection of the meaning of section 414(q) of the information; (c) ways to enhance the Internal Revenue Code, as simplified by quality, utility, and clarity of the section 1431 of the Small Business Job DEPARTMENT OF THE TREASURY information to be collected; (d) ways to Protection Act of 1996, including an minimize the burden of the collection of employer’s option to make a top-paid Internal Revenue Service information on respondents, including group election under section through the use of automated collection 414(q)(1)(B)(ii). The notice requires [CO–46–94] techniques or other forms of information qualified retirement plans that contain a Proposed Collection; Comment technology; and (e) estimates of capital definition of HCE to be amended to Request for Regulation Project or start-up costs and costs of operation, reflect the statutory changes to section maintenance, and purchase of services 414(q). AGENCY: Internal Revenue Service (IRS), to provide information. Current Actions: There are no changes Treasury. being made to the notice at this time. Approved: August 22, 2006. ACTION: Type of Review: Extension of a Notice and request for Glenn P. Kirkland, currently approved collection. comments. IRS Reports Clearance Officer. Affected Public: Business or other for- SUMMARY: The Department of the [FR Doc. E6–14602 Filed 9–1–06; 8:45 am] profit organizations, and not-for-profit Treasury, as part of its continuing effort BILLING CODE 4830–01–P institutions. to reduce paperwork and respondent Estimated Number of Respondents: burden, invites the general public and 218,683. DEPARTMENT OF THE TREASURY other Federal agencies to take this Estimated Time Per Respondent: 18 opportunity to comment on proposed minutes. and/or continuing information Internal Revenue Service Estimated Total Annual Burden collections, as required by the Hours: 65,605. Proposed Collection; Comment Paperwork Reduction Act of 1995, The Following Paragraph Applies To Request for Notice 97–45 Public Law 104–13 (44 U.S.C. All Of The Collections Of Information 3506(c)(2)(A)). Currently, the IRS is AGENCY: Covered By This Notice: Internal Revenue Service (IRS), soliciting comments concerning an Treasury. An agency may not conduct or sponsor, and a person is not required to existing final regulation, CO–46–94 (TD ACTION: Notice and request for 8594), Losses on Small Business Stock comments. respond to, a collection of information unless the collection of information (§ 1.244(e)–1). SUMMARY: The Department of the displays a valid OMB control number. DATES: Written comments should be Treasury, as part of its continuing effort Books or records relating to a collection received on or before November 6, 2006 to reduce paperwork and respondent of information must be retained as long to be assured of consideration. burden, invites the general public and as their contents may become material ADDRESSES: Direct all written comments other Federal agencies to take this in the administration of any internal to Glenn Kirkland, Internal Revenue

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Service, room 6516, 1111 Constitution of the burden of the collection of Abstract: Form 1138 is filed by Avenue NW., Washington, DC 20224. information; (c) ways to enhance the corporations to request an extension of FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of the time for the payment of taxes for a prior Requests for additional information or information to be collected; (d) ways to tax year when the corporation believes copies of the regulation should be minimize the burden of the collection of that it will have a net operating loss in directed to Allan Hopkins, at (202) 622– information on respondents, including the current tax year. The IRS uses Form 3179, or at Internal Revenue Service, through the use of automated collection 1138 to determine if the request should room 6516, 1111 Constitution Avenue techniques or other forms of information be granted. NW., Washington, DC 20224, or through technology; and (e) estimates of capital Current Actions: There are no changes the internet, at or start-up costs and costs of operation, being made to the form at this time. [email protected]. maintenance, and purchase of services to provide information. Type of Review: Extension of a SUPPLEMENTARY INFORMATION: Title: currently approved collection. Losses on Small Business Stock. Approved: August 18, 2006. Affected Public: Business or other for- OMB Number: 1545–1447. Glenn Kirkland, profit organizations. Regulation Project Number: CO–46– IRS Reports Clearance Officer. 94. [FR Doc. E6–14606 Filed 9–1–06; 8:45 am] Estimated Number of Respondents: Abstract: Section 1.1244(e)-1(b) of the BILLING CODE 4830–01–P 2,033. regulation requires that a taxpayer Estimated Time Per Respondent: 4 claiming an ordinary loss with respect hrs., 49 min. to section 1244 stock must have records DEPARTMENT OF THE TREASURY sufficient to establish that the taxpayer Estimated Total Annual Burden satisfies the requirements of section Internal Revenue Service Hours: 9,800. 1244 and is entitled to the loss. The The following paragraph applies to all records are necessary to enable the Proposed Collection; Comment of the collections of information covered Service examiner to verify that the stock Request for Form 1138 by this notice: qualifies as section 1244 stock and to AGENCY: Internal Revenue Service (IRS), An agency may not conduct or determine whether the taxpayer is Treasury. sponsor, and a person is not required to entitled to the loss. ACTION: Notice and request for respond to, a collection of information Current Actions: There is no change to comments. unless the collection of information this existing regulation. displays a valid OMB control number. Type of Review: Extension of a SUMMARY: The Department of the Books or records relating to a collection currently approved collection. Treasury, as part of its continuing effort of information must be retained as long Affected Public: Individuals or to reduce paperwork and respondent as their contents may become material households, and business or other for- burden, invites the general public and in the administration of any internal profit organizations. other Federal agencies to take this revenue law. Generally, tax returns and Estimated Number of Respondents: opportunity to comment on proposed tax return information are confidential, 10,000. and/or continuing information as required by 26 U.S.C. 6103. Estimated Time Per Respondent: 12 collections, as required by the minutes. Paperwork Reduction Act of 1995, Request for Comments: Comments Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. submitted in response to this notice will Hours: 2,000. 3506(c)(2)(A)). Currently, the IRS is be summarized and/or included in the The following paragraph applies to all soliciting comments concerning Form request for OMB approval. All of the collections of information covered 1138, Extension of Time for Payment of comments will become a matter of by this notice: Taxes by a Corporation Expecting a New public record. Comments are invited on: An agency may not conduct or Operating Loss Carryback. (a) Whether the collection of sponsor, and a person is not required to information is necessary for the proper DATES: Written comments should be performance of the functions of the respond to, a collection of information received on or before November 6, 2006 agency, including whether the unless the collection of information to be assured of consideration. displays a valid OMB control number. information shall have practical utility; ADDRESSES: Books or records relating to a collection Direct all written comments (b) the accuracy of the agency’s estimate of information must be retained as long to Glenn Kirkland, Internal Revenue of the burden of the collection of as their contents may become material Service, room 6516, 1111 Constitution information; (c) ways to enhance the in the administration of any internal Avenue NW., Washington, DC 20224. quality, utility, and clarity of the revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to tax return information are confidential, Requests for additional information or minimize the burden of the collection of as required by 26 U.S.C. 6103. copies of the form and instructions information on respondents, including Request for Comments: Comments should be directed to Allan Hopkins, at through the use of automated collection submitted in response to this notice will (202) 622–6665, or at Internal Revenue techniques or other forms of information be summarized and/or included in the Service, room 6516, 1111 Constitution technology; and (e) estimates of capital request for OMB approval. All Avenue NW., Washington, DC 20224, or or start-up costs and costs of operation, comments will become a matter of through the internet at maintenance, and purchase of services public record. Comments are invited on: [email protected]. to provide information. (a) Whether the collection of SUPPLEMENTARY INFORMATION: Title: Approved: August 22, 2006. information is necessary for the proper Extension of Time for Payment of Taxes Glenn Kirkland, performance of the functions of the by a Corporation Expecting a New agency, including whether the Operating Loss Carryback. IRS Reports Clearance Officer. information shall have practical utility; OMB Number: 1545–1035. [FR Doc. E6–14607 Filed 9–1–06; 8:45 am] (b) the accuracy of the agency’s estimate Form Number: 1138. BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY respond to, a collection of information I. Background unless the collection of information To help savings associations meet Internal Revenue Service displays a valid OMB control number. their responsibilities under the CRA and Books or records relating to a collection to increase public understanding of the Proposed Collection; Comment of information must be retained as long Request for Form 9117 CRA regulations, OTS, the Office of the as their contents may become material Comptroller of the Currency (OCC), the AGENCY: Internal Revenue Service (IRS), in the administration of any internal Board of Governors of the Federal Treasury. revenue law. Generally, tax returns and Reserve (Board), and the Federal tax return information are confidential, ACTION: Notice and request for Deposit Insurance Corporation (FDIC) as required by 26 U.S.C. 6103. comments. have previously published guidance in Request for Comments: Comments the form of questions and answers about SUMMARY: The Department of the submitted in response to this notice will the CRA regulations. That guidance is Treasury, as part of its continuing effort be summarized and/or included in the intended to provide the informal views to reduce paperwork and respondent request for OMB approval. All of agency staff for use by examiners and burden, invites the general public and comments will become a matter of other agency personnel, financial other Federal agencies to take this public record. Comments are invited on: institutions, and the public, and is opportunity to comment on proposed (a) Whether the collection of supplemented periodically. See and/or continuing information information is necessary for the proper Interagency Questions and Answers collections, as required by the performance of the functions of the Regarding Community Reinvestment, 66 Paperwork Reduction Act of 1995, agency, including whether the FR 36620 (July 12, 2001) (2001 Public Law 104–13 (44 U.S.C. information shall have practical utility; Interagency Q&As). 3506(c)(2)(A)). Currently, the IRS is (b) the accuracy of the agency’s estimate Today, OTS is issuing questions and soliciting comments concerning Form of the burden of the collection of answers to provide additional guidance 9117, Excise Tax Program Order Blank information; (c) ways to enhance the for savings associations. OTS proposed for Forms and Publications. quality, utility, and clarity of the this guidance on April 12, 2006. (70 FR information to be collected; (d) ways to DATES: Written comments should be 18807). Today’s final guidance is minimize the burden of the collection of received on or before November 6, 2006, identical to the proposed OTS guidance information on respondents, including to be assured of consideration. and very similar to final guidance through the use of automated collection jointly issued by the OCC, Board, and ADDRESSES: Direct all written comments techniques or other forms of information to Glen P. Kirkland, Internal Revenue FDIC on March 10, 2006 (71 FR 12424). technology; and (e) estimates of capital However, as with OTS’s proposal, Service, room 6516, 1111 Constitution or start-up costs and costs of operation, Avenue NW., Washington, DC 20224. today’s final guidance only includes maintenance, and purchase of services questions and answers that pertain to FOR FURTHER INFORMATION CONTACT: to provide information. OTS’s revised definition of ‘‘community Requests for additional information or Approved: August 22, 2006. development’’ and certain other copies of form and instructions should Glenn P. Kirkland, provisions of the CRA rule that are be directed to Allan Hopkins, at (202) common to all four agencies. It does not 622-6665, or at Internal Revenue IRS Reports Clearance Officer. include questions and answers that Service, room 6516, 1111 Constitution [FR Doc. E6–14608 Filed 9–1–06; 8:45 am] pertain to additional revisions the OCC, Avenue NW., Washington, DC 20224, or BILLING CODE 4830–01–P Board, and FDIC made to their CRA through the internet at rules in their August 2, 2005 rulemaking [email protected]. DEPARTMENT OF THE TREASURY (70 FR 44256), since OTS has not SUPPLEMENTARY INFORMATION: Title: adopted those revisions to date. Other Excise Tax Program Order Blank for Office of Thrift Supervision minor wording differences between Forms and Publications. [No. 2006–32] OTS’s guidance and that of the other OMB Number: 1545–1096. agencies were highlighted in the Form Number: 9117. Community Reinvestment Act; preamble to OTS’s April 12, 2006 Abstract: Form 9117 allows taxpayers Questions and Answers Regarding notice. who must file Form 720 returns a Community Reinvestment; Notice As in the 2001 Interagency Q&As, the systemic way to order additional tax questions and answers are grouped by forms and informational publications. AGENCY: Office of Thrift Supervision the provision of the CRA regulations Current Actions: There are no changes (OTS). that they discuss and are presented in being made to the form at this time. ACTION: Notice. the same order as the regulatory Type of Review: Extension of a provisions. As a result of technical SUMMARY: This notice revises OTS currently approved collection. guidance relating to the Community changes made to the four federal Affected Public: Businesses or other Reinvestment Act (CRA). banking agencies’ CRA rules (70 FR for-profit organizations. 15570 (March 28, 2005)) and recent DATES: Estimated Number of Respondents: Effective date: September 5, revisions to OTS’s CRA rule, some of 15,000. 2006. the numbering in the 2001 Interagency Estimated Time Per Respondent: 2 FOR FURTHER INFORMATION CONTACT: Q&As no longer corresponds to the minutes. Celeste Anderson, Senior Program appropriate sections of the revised Estimated Total Annual Burden Manager, Operation Risk, (202) 906– regulation. However, in today’s Hours: 500. 7990; Richard Bennett, Counsel, questions and answers, if a reference is The following paragraph applies to all Regulations and Legislation Division, made to an existing question and of the collections of information covered (202) 906–7409, Office of Thrift answer, the number of the existing by this notice: Supervision, 1700 G Street, NW., question and answer, as published in An agency may not conduct or Washington, DC 20552. the 2001 Interagency Q&As, is given, sponsor, and a person is not required to SUPPLEMENTARY INFORMATION: even if the old reference does not

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accurately describe the current demonstrated to serve low- and disaster area, but will give greater provision in the regulations. OTS staff is moderate-income individuals. It argued weight to those activities that are most working to update the 2001 Interagency that, particularly with respect to responsive to community needs, Q&As and will correct the citation activities that assist in disaster recovery, including needs of low- or moderate- references in a revised integrated it is not appropriate to focus on whether income individuals or neighborhoods. document containing all the questions an activity benefits low- and moderate- Also, as discussed in Q&A section and answers. income areas but rather on whether it 563e.12(g)(4)(iii)–4, OTS will consider benefits the community at large. activities to revitalize or stabilize an II. Comments on Proposed Questions In direct contrast, the organizations underserved nonmetropolitan middle- and Answers emphasized the need to keep CRA income geography if they help to meet OTS received 21 comment letters on focused on low- and moderate-income essential community needs, including its proposed guidance. Two were from families and communities. Some the needs of low- or moderate-income financial institution trade associations. suggested that all the agencies’ CRA individuals. Eighteen were from entities that could questions and answers should be clearer With regard to the comment on generally be described as organizations in this emphasis. identifying designated disaster areas, at that advocate for community The trade association also urged the this time OTS believes the quickest and reinvestment or affordable housing or agencies to publish a list of designated most reliable way for the public to that provide or finance affordable disaster areas for ease of reference, determine which geographies are in housing. One was from an individual rather than making the public rely on designated disaster areas is to refer to whose personal or professional interest the list published by the Federal FEMA’s Web site www.fema.gov. As in CRA was unclear and who simply Emergency Management Agency explained in Q&A section recommended continued government (FEMA) on its Web site. It also urged the 563e.12(g)(4)(ii)–1, geographies supervision of thrift institutions for CRA agencies to continually update the lists encompassed by a Major Disaster compliance. in the guidance of community Declaration count except for those The proposed guidance was generally development services and qualified counties designated to receive only well received by commenters. Indeed, investments, commenting that the lists FEMA Public Assistance Emergency the most common comment from are helpful. One organization proposed Work Category A (Debris Removal) and/ organizations was not about the a number of changes that would make or Category B (Emergency Protective proposed guidance per se, but about the OTS’s questions and answers less Measures). With regard to the comment CRA rule itself. These commenters consistent with those of the other on updating the lists of community urged OTS to make further conforming agencies. development services and qualified amendments to its CRA rule so that III. Final Questions and Answers investments that qualify for CRA credit, OTS’s CRA rule would once again be OTS anticipates updating CRA guidance consistent with those of the other Having considered the comments, as appropriate. agencies. In particular, these OTS has decided to finalize the Q&A section 563e.12(g)(4)(ii)–2 commenters urged OTS to adopt the guidance as proposed. OTS’s approach explains activities that revitalize or intermediate small institution test and with these questions and answers is to stabilize and designated disaster area. add the regulatory provision elaborating make them as consistent as possible These include activities that provide on illegal or discriminatory lending with those of the other agencies, given housing, financial assistance, and practices that count unfavorably in an that some differences are necessary services to individuals who have been institution’s CRA evaluation. One also because of differences in the CRA rules displaced from designated disaster areas specifically urged OTS to eliminate the themselves. Since OTS is adopting the (e.g., where a savings association assists flexible weight option for large, retail questions and answers as proposed displaced individuals who evacuate into savings associations. without any changes, it does not repeat its assessment area). One financial institution trade the detailed discussion of each of the Finally, OTS wishes to highlight one association and a few organizations questions and answers that it included aspect of CRA credit for activities that expressed concerns about the extent to in the preamble to its April 12, 2006 revitalize or stabilize designated disaster which the guidance emphasizes proposal. Instead, OTS refers interested areas that is not specifically discussed activities that benefit low- and readers to that document. in the questions and answers but has moderate-income individuals. The trade As discussed above, the organizations been addressed in other guidance. This association argued that the guidance who commented urged OTS to make issue has to do with geographical limits overemphasizes activities that can be further conforming amendments to its on the availability of credit for disaster documented as benefiting low- and CRA rule so that it once again would be relief efforts. moderate-income individuals. It pointed consistent with those of the other In a December 20, 2005 memorandum out that in non-metropolitan areas, low- agencies. OTS is still considering to all chief executive officers, OTS and moderate-income census tracts are whether to do so. indicated it would favorably consider not as segregated as they are in large With respect to commenters who activities by savings associations that metropolitan areas and identifying low- expressed opposing views on the extent revitalize or stabilize the areas stricken and moderate-income individuals who to which the guidance should by Hurricanes Katrina and Rita, even if will benefit from a program is not easy. emphasize activities that benefit low- those areas are outside the association’s It explained that community banks and moderate-income individuals, OTS assessment area or the broader statewide conduct activities that benefit an entire believes the guidance, uniform among or regional area. OTS CEO Mem. #232 community but may not have sufficient all agencies, strikes the appropriate (December 20, 2005), available at data to demonstrate particular benefit to balance. As discussed in Q&A sections http://www.ots.treas.gov/docs/2/ low- and moderate-income individuals. 563e.12(g)(4)–2, 563e.12(g)(4)(ii)–2, and 25232.pdf. OTS indicated that while the Accordingly, it advocated that any 563e.12(g)(4)(iii)–3, OTS generally will CRA regulation does not set forth an activity that benefits an entire consider all activities that revitalize or expectation for savings associations to community should be granted CRA stabilize a distressed nonmetropolitan engage in activities outside their credit, regardless of whether it can be middle-income geography or designated assessment areas or broader statewide or

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regional areas, given the magnitude of government revitalization or that revitalize or stabilize a designated these disasters and their impact on the stabilization plan or disaster recovery disaster area, but will give greater country, if any association elected to plan. See Q&A section ll.12(h)(4) & weight to those activities that are most engage in such activities, OTS would 563e.12(g)(4)–1 and Q&A section responsive to community needs, favorably consider them. That guidance ll.12(i) & 563e.12(h)–4. including the needs of low- or was limited in application to that In underserved nonmetropolitan moderate-income individuals or unique situation. middle-income geographies, activities neighborhoods. Qualifying activities The text of OTS’s revisions to the that provide housing for middle- and may include, for example, providing Interagency Questions and Answers upper-income individuals may qualify financing to help retain businesses in Regarding Community Reinvestment as activities that revitalize or stabilize the area that employs local residents, follows: such underserved areas if the activities including low- and moderate-income also provide housing for low- or Section 563e.12(g)(4) Activities That individuals; providing financing to moderate-income individuals. For Revitalize or Stabilize attract a major new employer that will example, a loan to build a mixed- create long-term job opportunities, Section 563e.12(g)(4)–1: Is the same income housing development that including for low- and moderate-income definition of community development provides housing for middle- and individuals; providing financing or applicable to all savings associations? upper-income individuals in an other assistance for essential Yes, one definition of community underserved nonmetropolitan middle- community-wide infrastructure, development is applicable to all savings income geography would receive community services, and rebuilding associations. positive consideration if it also provides needs; and activities that provide Section 563e.12(g)(4)–2: Will activities housing for low- or moderate-income housing, financial assistance, and that provide housing for middle-income individuals. services to individuals in designated and upper-income persons qualify for Section 563e.12(g)(4)(ii) Activities That disaster areas and to individuals who favorable consideration as community have been displaced from those areas, development activities when they help Revitalize or Stabilize Designated Disaster Areas including low- and moderate-income to revitalize or stabilize a distressed or individuals (see, e.g., Q&A section underserved, nonmetropolitan middle- Section 563e.12(g)(4)(ii)–1: What is a ll.12(j) & 563e.12(i)–3; Q&A section income geography or designated ‘‘designated disaster area’’ and how ll.12(s) & 563e.12(r)–4; Q&A sections disaster areas? long does the designation last? ll.22(b)(2) & (3)–4; Q&A sections An activity that provides housing for A ‘‘designated disaster area’’ is a ll.22(b)(2) & (3)–5; and Q&A section middle- or upper-income individuals major disaster area designated by the ll.24(d)(3)–1). qualifies as an activity that revitalizes or Federal Government. Such disaster stabilizes a distressed nonmetropolitan designations include, in particular, Section 563e.12(g)(4)(iii) Activities middle-income geography or a Major Disaster Declarations That Revitalize or Stabilize Distressed or designated disaster area if the housing administered by the Federal Emergency Underserved, Nonmetropolitan Middle- directly helps to revitalize or stabilize Management Agency (FEMA) (http:// income Geographies the community by attracting new, or www.fema.gov), but exclude counties Section 563e.12(g)(4)(iii)–1: What retaining existing, businesses or designated to receive only FEMA Public criteria are used to identify distressed or residents and, in the case of a Assistance Emergency Work Category A underserved, nonmetropolitan middle- designated disaster area, is related to (Debris Removal) and/or Category B income geographies? disaster recovery. OTS generally will (Emergency Protective Measures). Eligible nonmetropolitan middle- consider all activities that revitalize or Examiners will consider savings income geographies are those stabilize a distressed nonmetropolitan association activities related to disaster designated by OTS as being in distress middle-income geography or designated recovery that revitalize or stabilize a or that could have difficulty meeting disaster area, but will give greater designated disaster area for 36 months essential community needs weight to those activities that are most following the date of designation. Where (underserved). A particular geography responsive to community needs, there is a demonstrable community could be designated as both distressed including needs of low- or moderate- need to extend the period for and underserved. As defined in 12 CFR income individuals or neighborhoods. recognizing revitalization or 563e.12(k), a geography is a census tract For example, a loan solely to develop stabilization activities in a particular delineated by the United States Bureau middle- or upper-income housing in a disaster area to assist in long-term of the Census. community in need of low- and recovery efforts, this period may be A nonmetropolitan middle-income moderate-income housing would be extended. geography will be designated as given very little weight if there is only Section 563e.12(g)(4)(ii)–2: What distressed if it is in a county that meets a short-term benefit to low- and activities are considered to ‘‘revitalize or one or more of the following triggers: (1) moderate-income individuals in the stabilize’’ a designated disaster area, An unemployment rate of at least 1.5 community through the creation of and how are those activities considered? times the national average, (2) a poverty temporary construction jobs. (A OTS generally will consider an rate of 20 percent or more, or (3) a housing-related loan is not evaluated as activity to revitalize or stabilize a population loss of ten percent or more a ‘‘community development loan’’ if it designated disaster area if it helps to between the previous and most recent has been reported or collected by the attract new, or retain existing, decennial census or a net migration loss institution or its affiliate as a home businesses or residents and is related to of five percent or more over the five- mortgage loan, unless it is a multifamily disaster recovery. An activity will be year period preceding the most recent dwelling loan. See 12 CFR presumed to revitalize or stabilize the census. 563e.12(h)(2)(i) and Q&A section area if the activity is consistent with a A nonmetropolitan middle-income ll.12(i) & 563e.12(h)–2.) OTS will bona fide government revitalization or geography will be designated as presume that an activity revitalizes or stabilization plan or disaster recovery underserved if it meets criteria for stabilizes such a geography or area if the plan. OTS generally will consider all population size, density, and dispersion activity is consistent with a bona fide activities relating to disaster recovery that indicate the area’s population is

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sufficiently small, thin, and distant from for low- and moderate-income Section 563e.12(i) Community a population center that the tract is individuals, and activities that provide Development Service likely to have difficulty financing the financing or other assistance for Section 563e.12(i)–3: What are fixed costs of meeting essential essential infrastructure or facilities examples of community development community needs. OTS will use as the necessary to attract or retain businesses services? basis for these designations the ‘‘urban or residents. See Q&A section Examples of community development influence codes,’’ numbered ‘‘7,’’ ‘‘10,’’ ll.12(h)(4) & 563e.12(g)(4)–1 and Q&A services include, but are not limited to, ‘‘11,’’ and ‘‘12,’’ maintained by the section ll.12(i) & 563e.12(h)–4. the following: Economic Research Service of the • Providing financial services to low- Section 563e.12(g)(4)(iii)–4: What United States Department of and moderate-income individuals activities are considered to ‘‘revitalize or Agriculture. through branches and other facilities Data source information along with stabilize’’ an underserved located in low- and moderate-income the list of eligible nonmetropolitan nonmetropolitan middle-income areas, unless the provision of such census tracts will be published on the geography, and how are those activities services has been considered in the Federal Financial Institutions evaluated? evaluation of a saving association’s Examination Council Web site (http:// The regulation provides that activities retail banking services under 12 CFR www.ffiec.gov). revitalize or stabilize an underserved 563e.24(d); Section 563e.12(g)(4)(iii)–2: How often • nonmetropolitan middle-income Providing technical assistance on will the list of designated distressed or financial matters to nonprofit, tribal or underserved, nonmetropolitan middle- geography if they help to meet essential community needs, including needs of government organizations serving low- income geographies be updated? and moderate-income housing or The list will be reviewed and updated low-or moderate-income individuals. Activities such as financing for the economic revitalization and annually as needed. The list will be development needs; published on the Federal Financial construction, expansion, improvement, • Providing technical assistance on Institutions Examination Council Web maintenance, or operation of essential financial matters to small businesses or site (http://www.ffiec.gov). infrastructure or facilities for health community development organizations, To the extent that changes to the services, education, public safety, including organizations and individuals designated census tracts occur, OTS has public services, industrial parks, or who apply for loans or grants under the determined to adopt a twelve-month lag affordable housing, will be evaluated Federal Home Loan Banks’ Affordable period. This lag period will be in effect under these criteria to determine if they Housing Program; for the twelve months immediately qualify for revitalization or stabilization • Lending employees to provide following the date when a census tract consideration. Examples of the types of financial services for organizations that was designated as distressed or projects that qualify as meeting essential facilitating affordable housing underserved is removed from the community needs, including needs of construction and rehabilitation or designated list. Revitalization or low-or moderate-income individuals, development of affordable housing; stabilization activities undertaken • would be a new or expanded hospital Providing credit counseling, home- during the lag period will receive buyer and home-maintenance consideration as community that serves the entire county, including low- and moderate-income residents; an counseling, financial planning or other development activities if they would financial services education to promote industrial park for businesses whose have been considered to have a primary community development and affordable employees include low-or moderate- purpose of community development if housing; the census tract in which they were income individuals; a new or • Establishing school savings located were still designated as rehabilitated sewer line that serves programs and developing or teaching distressed or underserved. community residents, including low-or financial education curricula for low-or Section 563e.12(g)(4)(iii)-3: What moderate-income residents; a mixed- moderate-income individuals; activities are considered to ‘‘revitalize or income housing development that • Providing electronic benefits stabilize’’ a distressed nonmetropolitan includes affordable housing for low- and transfer and point of sale terminal middle-income geography, and how are moderate-income families; or a systems to improve access to financial those activities evaluated? renovated elementary school that serves services, such as by decreasing costs, for An activity revitalizes or stabilizes a children from the community, including low-or moderate-income individuals; • distressed nonmetropolitan middle- children from low- and moderate- Providing international remittance income geography if it helps to attract income families. Other activities in the services that increase access to financial new, or retain existing, businesses or area, such as financing a project to build services by low- and moderate-income residents. An activity will be presumed a sewer line spur that connects services persons (for example, by offering to revitalize or stabilize the area if the to a middle-or upper-income housing reasonably priced international remittance services in connection with activity is consistent with a bona fide development while bypassing a low-or government revitalization or a low-cost account); and moderate-income development that also stabilization plan. OTS generally will • Providing other financial services needs the sewer services, generally consider all activities that revitalize or with the primary purpose of community stabilize a distressed nonmetropolitan would not qualify for revitalization or development, such as low-cost bank middle-income geography, but will give stabilization consideration in accounts, including ‘‘Electronic Transfer greater weight to those activities that are geographies designated as underserved. Accounts’’ provided pursuant to the most responsive to community needs, However, if an underserved geography Debt Collection Improvement Act of including needs of low-or moderate- is also designated as distressed or a 1996, or free government check cashing income individuals or neighborhoods. disaster area, additional activities may that increases access to financial Qualifying activities may include, for be considered to revitalize or stabilize services for low-or moderate-income example, providing financing to attract the geography, as explained in Q&A individuals. a major new employer that will create sections 563e.12(g)(4)(ii)–2 and Examples of technical assistance long-term job opportunities, including 563e.12(g)(4)(iii)–3. activities that might be provided to

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community development organizations investments, grants, deposits or shares geographies to utilize credit or to include: in or to: sustain economic development, such as, • Serving on a loan review • Financial intermediaries (including, for example, day care operations and job committee; Community Development Financial training programs that enable people to • Developing loan application and Institutions (CDFIs), Community work. underwriting standards; Development Corporations (CDCs), • Developing loan processing minority- and women-owned financial Section 563e.26 Small Savings systems; institutions, community loan funds, and Association Performance Standards • Developing secondary market low-income or community development Section 563e.26–1: When evaluating a vehicles or programs; credit unions) that primarily lend or small savings association’s • Assisting in marketing financial facilitate lending in low- or moderate- performance, will examiners consider, services, including development of income areas or to low- and moderate- at the institution’s request, retail and advertising and promotions, income individuals in order to promote community development loans publications, workshops and community development, such as a originated or purchased by affiliates, conferences; CDFI that promotes economic • Furnishing financial services development on an Indian reservation; qualified investments of affiliates, or training for staff and management; • Organizations engaged in affordable community development services of • Contributing accounting/ housing rehabilitation and construction, affiliates? bookkeeping services; and including multifamily rental housing; Yes. However, a small institution that • Assisting in fund raising, including • Organizations, including for elects to have examiners consider soliciting or arranging investments. example, Small Business Investment affiliate activities must maintain Section 563e.12(t) Qualified Investment Companies (SBICs), specialized SBICs, sufficient information that the and Rural Business Investment examiners may evaluate these activities Section 563e.12(t)–1: When evaluating Companies (RBICs), that promote under the appropriate performance a qualified investment, what economic development by financing criteria and ensure that the activities are consideration will be given for prior- small businesses or small farms; not claimed by another institution. The period investments? • Facilities that promote community constraints applicable to affiliate When evaluating a savings development in low- and moderate- activities claimed by large institutions association’s qualified investment income areas for low- and moderate- also apply to small institutions. See record, examiners will consider income individuals, such as youth Q&A section l.22(c)(2) and related investments that were made prior to the programs, homeless centers, soup guidance provided to large institutions current examination, but that are still kitchens, health care facilities, battered regarding affiliate activities. Examiners outstanding. Qualitative factors will women’s centers, and alcohol and drug will not include affiliate lending in affect the weighting given to both recovery centers; calculating the percentage of loans and, • current period and outstanding prior- Projects eligible for low-income as appropriate, other lending-related period qualified investments. For housing tax credits; activities located in a savings • example, a prior-period outstanding State and municipal obligations, association’s assessment area. investment with a multi-year impact such as revenue bonds, that specifically that addresses assessment area support affordable housing or other This concludes the text of OTS’s community development needs may community development; revisions to the Interagency Questions receive more consideration than a • Not-for-profit organizations serving and Answers Regarding Community current period investment of a low- and moderate-income housing or Reinvestment. comparable amount that is less other community development needs, By the Office of Thrift Supervision. responsive to area community such as counseling for credit, home- Dated: August 23, 2006. ownership, home maintenance, and development needs. John M. Reich, Section 563e.12(t)–4: What are other financial services education; and examples of qualified investments? • Organizations supporting activities Director. Examples of qualified investments essential to the capacity of low- and [FR Doc. E6–14648 Filed 9–1–06; 8:45 am] include, but are not limited to, moderate-income individuals or BILLING CODE 6720–01–P

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Part II

Department of Transportation Federal Aviation Administration

14 CFR Parts 91, 121, and 125 Revisions to Digital Flight Data Recorder Regulations for Boeing 737 Airplanes and for Part 125 Operators; Proposed Rule

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DEPARTMENT OF TRANSPORTATION 400 Seventh Street, SW., Washington, the Internet at the Web address in the DC, between 9 a.m. and 5 p.m., Monday ADDRESSES section. Federal Aviation Administration through Friday, except Federal holidays. Privacy Act: Using the search function For more information on the of our docket Web site, anyone can find 14 CFR Parts 91, 121, and 125 rulemaking process, see the and read the comments received into [Docket No.: FAA–1999–6482; Notice No. SUPPLEMENTARY INFORMATION section of any of our dockets, including the name 06–12] this document. of the individual sending the comment Privacy: We will post all comments (or signing the comment on behalf of an RIN 2120–AG87 we receive, without change, to http:// association, business, labor union, etc.). dms.dot.gov, including any personal Revisions to Digital Flight Data You may review DOT’s complete Recorder Regulations for Boeing 737 information you provide. For more Privacy Act Statement in the Federal Airplanes and for Part 125 Operators information, see the Privacy Act Register published on April 11, 2000 discussion in the SUPPLEMENTARY (65 FR 19477–78) or you may visit AGENCY: Federal Aviation INFORMATION section of this document. http://dms.dot.gov. Administration (FAA), DOT. Docket: To read background Before acting on this proposal, we ACTION: Supplemental Notice of documents or comments received, go to will consider all comments we receive Proposed Rulemaking (SNPRM). http://dms.dot.gov at any time or to on or before the closing date for Room PL–401 on the plaza level of the comments. We will consider comments SUMMARY: The FAA is revising a Nassif Building, 400 Seventh Street, filed late if it is possible to do so previous proposal to increase the SW., Washington, DC, between 9 a.m. without incurring expense or delay. We number of digital flight data recorder and 5 p.m., Monday through Friday, may change this proposal in light of the (DFDR) parameters required for all except Federal holidays. comments we receive. Boeing 737 series airplanes. Based on FOR FURTHER INFORMATION CONTACT: For safety recommendations from the If you want the FAA to acknowledge technical issues: Timothy W. Shaver, receipt of your comments on this National Transportation Safety Board Avionics Systems Branch, Aircraft (NTSB) following the investigations of proposal, include with your comments Certification Service, AIR–130, Federal two accidents and other incidents a pre-addressed, stamped postcard on Aviation Administration, 800 involving 737s, the FAA proposed the which the docket number appears. We Independence Avenue, SW., addition of flight recorder equipment to will stamp the date on the postcard and Washington, DC 20591; telephone (202) monitor the rudder system on 737s. mail it to you. 385–4686; facsimile (202) 385–4651; e- Since that time, the FAA has mandated mail [email protected]. For legal Proprietary or Confidential Business significant changes to the rudder system issues: Karen L. Petronis, Senior Information on these airplanes. Accordingly, this Attorney, Regulations Division, AGC– new proposed rule would apply to a Do not file in the docket information 200, Office of the Chief Counsel, Federal different set of airplanes than originally that you consider to be proprietary or anticipated. We are requesting comment Aviation Administration, 800 confidential business information. Send on this change in applicability and are Independence Ave., SW., Washington, or deliver this information directly to requesting updated economic DC 20591; telephone (202) 267–3073; the person identified in the FOR FURTHER information regarding installation of the facsimile (202) 267–7971; e-mail: INFORMATION CONTACT section of this proposed monitoring equipment. The [email protected]. document. You must mark the original proposed rule also sought to SUPPLEMENTARY INFORMATION: information that you consider amend the flight data recorder (FDR) proprietary or confidential. If you send Comments Invited requirements of part 125 that would the information on a disk or CD–ROM, affect all airplanes operated under that The FAA invites interested persons to mark the outside of the disk or CD–ROM part or under deviation from that part; participate in this rulemaking by and also identify electronically within we have included that same proposal in submitting written comments, data, or the disk or CD–ROM the specific this SNPRM. views. We also invite comments relating information that is proprietary or DATES: Send your comments on or to the economic, environmental, energy, confidential. before December 4, 2006. or federalism impacts that might result Under 14 CFR 11.35(b), when we are ADDRESSES: You may send comments from adopting the proposals in this aware of proprietary information filed identified by Docket Number FAA– document. The most helpful comments with a comment, we do not place it in 1999–6482 using any of the following reference a specific portion of the the docket. We hold it in a separate file methods: proposal, explain the reason for any to which the public does not have • DOT Docket Web site: Go to http:// recommended change, and include access, and place a note in the docket dms.dot.gov and follow the instructions supporting data. We ask that you send that we have received it. If we receive for sending your comments us two copies of written comments. a request to examine or copy this electronically. We will file in the docket all information, we treat it as any other • Government-wide rulemaking Web comments we receive, as well as a request under the Freedom of site: Go to http://www.regulations.gov report summarizing each substantive Information Act (5 U.S.C. 552). We and follow the instructions for sending public contact with FAA personnel process such a request under the DOT your comments electronically. concerning this proposed rulemaking. procedures found in 49 CFR part 7. • The docket is available for public Mail: Docket Management Facility; Availability of Rulemaking Documents U.S. Department of Transportation, 400 inspection before and after the comment Seventh Street, SW., Nassif Building, closing date. If you wish to review the You can get an electronic copy using Room PL–401, Washington, DC 20590– docket in person, go to the address in the Internet by: 0001. the ADDRESSES section of this preamble (1) Searching the Department of • Fax: 1–202–493–2251. between 9 a.m. and 5 p.m., Monday Transportation’s electronic Docket • Hand Delivery: Room PL–401 on through Friday, except Federal holidays. Management System (DMS) Web page the plaza level of the Nassif Building, You may also review the docket using (http://dms.dot.gov/search);

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(2) Visiting the FAA’s Regulations and actions critical to finding the probable secondary slide jam and rudder reversal, Polices Web page at http://www.faa.gov/ cause of incidents or accidents, the FAA issued AD 97–14–04 (62 FR regulations_policies/; or including data that could prevent future 35068, June 30, 1997). That AD requires (3) Accessing the Government incidents or accidents. operators to install a new vernier Printing Office’s Web page at http:// control rod bolt and a new main rudder www.gpoaccess.gov/fr/index.html. I. Background power control unit (PCU) servo valve in You can also get a copy by sending a A. Statement of the Problem each airplane. request to the Federal Aviation Administration, Office of Rulemaking, Two aviation accidents in the United C. Safety Recommendations: 1995–1997 ARM–1, 800 Independence Avenue, States involving Boeing 737 series Between 1995 and 1997, while SW., Washington, DC 20591, or by airplanes (737s) appear to have been investigating the USAir accident, the calling (202) 267–9680. Make sure to caused by a rudder hardover with NTSB issued 20 safety identify the docket number, notice resultant roll and sudden descent: recommendations dealing with the 737; number or amendment number of this United Airlines flight 585, near three of those (A–95–25, A–95–26, and rulemaking. Colorado Springs, Colorado, on March A–95–27) dealt specifically with Anyone is able to search the 3, 1991, and USAir flight 427, near upgrades to the FDR for all 737s. The electronic form of all comments Aliquippa, Pennsylvania, on September NTSB stated that if either the United received into any of our dockets by the 8, 1994. Following lengthy Airlines or the USAir 737 had recorded name of the individual submitting the investigations, the NTSB determined data on the flight control surface comment (or signing the comment, if that the rudder on 737s may experience positions, flight control inputs, and submitted on behalf of an association, sudden uncommanded movement, or lateral acceleration, the NTSB would business, labor union, etc.). You may movement opposite the pilot’s input, have been able to identify quickly any review DOT’s complete Privacy Act which may cause the airplane to roll abnormal control surface movements statement in the Federal Register suddenly. Other incidents of suspected and configuration changes or autopilot published on April 11, 2000 (Volume uncommanded rudder movement have status changes that may have been 65, Number 70; Pages 19477–78) or you been reported, including a 1996 involved in the loss of control. may visit http://dms.dot.gov. incident involving Eastwind Airlines At the time it made its (Eastwind) flight 517, a 737–2H5, and recommendations, the NTSB recognized Small Business Regulatory Enforcement five incidents in 1999 involving U.S.- that the 737 had flown over 92 million Fairness Act registered airplanes. hours since its initial certification in The Small Business Regulatory The 737s involved in the United December 1967, and that the airplane’s Enforcement Fairness Act (SBREFA) of Airlines and USAir accidents, and those accident rate is comparable to that of 1996 requires FAA to comply with in the more recent incidents, were other airplanes of a similar type. small entity requests for information or equipped with the flight data recorders Nonetheless, the Board concluded that advice about compliance with statutes required by the regulations then in the design changes made to the rudder and regulations within its jurisdiction. If effect. However, these airplanes were system in accordance with the issued you are a small entity and you have a not required to record, nor were they ADs did not eliminate the possibility of question regarding this document, you equipped to provide, information about other potential failure modes and may contact your local FAA official, or the airplane’s movement about its three malfunctions. the person listed under FOR FURTHER axes or the position of flight control INFORMATION CONTACT. You can find out surfaces immediately preceding the D. FAA Response: 1997 Regulations more about SBREFA on the Internet at accident or incident. While the FAA has In response to these safety http://www.faa.gov/avr/arm/sbrefa.htm, undertaken a series of measures recommendations, the FAA published or by e-mailing us at -AWA- designed to address the suspected revisions to the DFDR requirements for [email protected]. http://www.faa.gov/ rudder problems, our efforts have been all airplanes (Revisions to Digital Flight regulations_policies/rulemaking/ limited by a lack of data that focused on Data Recorder Rules; Final Rule (62 FR sbre_act/. the control and movement of the 38362, July 17, 1997)). The revised components of the 737 rudder system. DFDR regulations prescribe the 88 Authority for This Rulemaking Without more data, neither the FAA nor parameters that must be recorded on The FAA’s authority to issue rules the NTSB can definitively identify the DFDRs, with the exact number of regarding aviation safety is found in causes of suspected uncommanded parameters required to be recorded Title 49 of the United States Code. rudder events. determined by the date of airplane Subtitle I, Section 106 describes the B. FAA Actions manufacture. The number of parameters authority of the FAA Administrator. that must be recorded range from 18 for Subtitle VII, Aviation Programs, Following piloted computer a transport category airplane describes in more detail the scope of the simulations of the USAir accident and manufactured on or before October 11, agency’s authority. reports of malfunctions in the yaw 1991, to 88 for airplanes manufactured This rulemaking is promulgated damper system of 737s, the FAA after August 19, 2002. under the authority described in mandated design changes to the rudder Subtitle VII, Part A, Subpart III, Section system of 737s. First, the FAA issued E. NTSB’s 1999 Findings and Safety 44701. Under that section, the FAA is Airworthiness Directive (AD) 97–14–03 Recommendations charged with prescribing regulations (62 FR 34623, June 27, 1997), which On March 24, 1999, the NTSB issued providing minimum standards for other requires installation of a newly designed the final report of its investigation into practices, methods and procedures rudder-limiting device and a newly the crash of USAir flight 427. The NTSB necessary for safety in air commerce. designed yaw damper system, in an determined that the probable cause of This regulation is within the scope of effort to address possible rudder the accident was a loss of control that authority since flight data recorders hardover situations and uncommanded resulting from the movement of the are the only means available to account yaw damper movements. Second, in rudder surface position to its blowdown for aircraft movement and flight crew response to the possibility of a limit. Further, the NTSB stated that

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‘‘* * * the rudder surface most likely part 121 or part 125 that are not to other applicable requirements, all 737 deflected in a direction opposite to that equipped with a FDAU be equipped, at model airplanes must record certain commanded by the pilots as a result of a jam the earliest time practicable, but no later additional parameters of flight data, of the main rudder PCU servo valve than August 1, 2001, with a flight data including those specifically designed to secondary slide to the servo valve housing offset from its neutral position and overtravel recorder system that records, at a monitor rudder system components. of the primary slide.’’ minimum, the same parameters noted in The FAA added that it planned on safety recommendation No. A–99–28. issuing the final rule with an immediate In its March 1999 report, the NTSB The NTSB also noted in its final effective date to address the unresolved concluded that the 1997 regulations for report on the USAir accident that 737 issues with the airplane as soon as upgrading DFDRs are inadequate for flightcrews continue to report possible. existing 737s, because they do not anomalous rudder behavior and that the In January 2001, Boeing submitted a require specific flight control NTSB considers it possible that another letter to the docket requesting that the information to be recorded. Because catastrophic event related to 737 rudder FAA delay the release of any final rule. several 737 rudder-related events have upset could occur. The request was based on Boeing’s 737 been associated with the yaw damper Rudder System Enhancement Program F. FAA Response: Notice No. 99–19 system (which moves the rudder (RSEP), which itself was based on an independent of flightcrew input), the The FAA agreed with the intent of NTSB recommendation to develop a NTSB concluded that it is important NTSB Safety Recommendation Nos. A– ‘‘reliably redundant rudder system’’ for that yaw damper status (parameter 89), 99–28 and A–99–29 and the NTSB’s the 737. Boeing stated that the RSEP yaw damper command (parameter 90), concerns regarding continuing reports of changes will make the 737 rudder standby rudder status (parameter 91), rudder-related incidents on 737s. On system functionally equivalent to the 3- and control wheel, control column, and November 9, 1999, the FAA issued actuator system found on its 757 and rudder pedal forces (parameter 88) be Notice No. 99–19 (64 FR 63140, 767 model airplanes. recorded on all 737s. The NTSB also November 18, 1999), which proposed Boeing’s letter states that on January pointed out that, for optimal that all 737s be required to record the 16, 2001, it presented a detailed documentation, the indicated parameters listed in § 121.344(a)(1) description of its 737 RSEP changes to parameters need to be sampled more through (a)(22), (a)(88), plus three new the NTSB. While noting that the frequently than is required currently. parameters, designated as (a)(89) proposed rule would be applicable to The NTSB stated that by recording the through (a)(91). The new parameters are the original rudder system, not the one yaw damper’s operation and the yaw damper status, yaw damper being developed under the RSEP, it resultant rudder surface movements, a command, and standby rudder status. In attempted to minimize the value of a yaw damper event could be addition, the FAA proposed increasing final rule that applied only to airplanes distinguished quickly from a flightcrew the required sampling rate for the with the older system installed. Boeing input or a rudder anomaly. The NTSB control forces listed in current also questioned whether it would still considers this information critical to paragraph (a)(88) for 737s. The FAA be appropriate to treat the 737 different investigating 737 incidents or accidents. proposed that all 737s equipped with a than other airplanes once the rudder The NTSB stated that if pilot flight FDAU of any type as of July 16, 1996, system was modified. control input forces had been recorded or manufactured after July 16, 1996, While the redesigned rudder control on the United Airlines, USAir, or comply by August 18, 2000. For all 737s system meets the latest FAA system Eastwind FDRs, the NTSB investigations not equipped with a FDAU of any type requirements, it remains a system would have been resolved more quickly as of July 16, 1996, the FAA proposed unique to the 737 model airplane. In and actions taken to prevent similar a compliance date of August 20, 2001. Boeing 757/767/777 model airplanes, events would have been hastened. The FAA noted that if it received the rudder control system has three On April 16, 1999, the NTSB sufficient data to support an extension, separate actuators in separate power submitted the following the compliance period for airplanes control units (PCU) that are always recommendations to the FAA regarding retrofitted to include FDAUs between powered. The original design of the 737 recording additional parameters on 737 July 16, 1996, and November 18, 1999, rudder control system had a single input DFDRs: would be extended to August 19, 2002. into a valve that controlled two installed Recommendation No. A–99–28. The FAA proposed corresponding actuators in the PCU. In the redesigned Require that all 737s operated under changes to part 125 for 737s operated 737 system, there are three actuators, part 121 or part 125 that currently have under that part. In addition, the FAA but they are housed in two PCUs rather a FDAU be equipped, by July 31, 2000, proposed that no deviation authority than the three present in the other with a flight data recorder system that from the FDR requirements of part 125 Boeing model airplanes. The main PCU records, at a minimum, the parameters would be granted for any model has two actuators, each with its own required by the 1997 DFDR regulations airplane, and that any previously issued valve that accepts input. The third applicable to that airplane, plus the deviation from the DFDR requirements actuator is in a standby PCU that is not following parameters: Pitch trim, of part 125 would no longer be valid. normally powered unless the main PCU trailing edge flaps, leading edge flaps, The FAA also proposed that § 91.609 be fails. Thus, the 737 rudder control thrust reverser position (each engine), amended to reflect that all airplanes system effectively still has only two yaw damper command, yaw damper operating under part 91 under deviation actuators during normal flight status, standby rudder status, and authority from part 125 must comply operations, and a single actuator when control wheel, control column, and with the DFDR requirements in part the main PCU is inoperative. rudder pedal forces. Yaw damper 125, notwithstanding such deviation Several events have occurred since command, yaw damper status, and authority. the NPRM was issued in 1999, control wheel, control column, and including Boeing’s RSEP. One of the rudder pedal forces should be sampled II. Continuing Need for This recommendations issued by the NTSB at a minimum rate of twice per second. Rulemaking included the formation of an Recommendation No. A–99–29. The original NPRM, issued by the engineering test and evaluation board Require that all 737s operated under FAA in 1999, proposed that in addition (ETEB) to conduct a failure analysis of

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the rudder actuation control system of combination of the inherent failure surface and the companion actions of the 737. The 737 ETEB was formed in modes and the non-normal operational the yaw dampers. The ETEB did not May 1999 and issued its final report in procedures, considered together, present have this information because the July 2000. an unsafe condition that warranted the equipment to record it was not Among the key findings of the 737 incorporation of a newly designed mandatory. Since the additional ETEB are the following: rudder control system. parameters have yet to be installed, (1) The 737 rudder control system is The final rule AD was published on investigators of an accident or incident susceptible to a number of failures and October 7, 2002 (67 FR 62341), with an remain similarly limited today. jams. These failures and jams can affect effective date of November 12, 2002, Boeing has indicated that there have the operation of the rudder power and gives all operators of 737 model been no reports of rudder hardover control units and can result in airplanes 6 years to install a new rudder incidents on 737s with the redesigned uncommanded rudder motion. control system. rudder system. However, since the (2) A number of failures and jams of Boeing has been installing the newly system has only been installed as the 737 rudder control system were designed rudder control system on 737 original equipment on airplanes since detected in configurations on which the model airplanes manufactured since 2003, and since compliance with the FAA later issued corrective action under January 2003. Boeing is also installing retrofit is not required until 2008, only one or more Airworthiness Directives the additional sensors that were limited historical data on the function (ADs). More than two dozen of these proposed in the NPRM on these newly and reliability of this redesigned system failures and jams (alone or in manufactured 737s, and those is available. combination) have what are considered parameters are being recorded. Additionally, as discussed above, the catastrophic failure effects. When we began drafting a final rule, redesigned rudder system does not (3) Even when 737s were in we realized that the 737 fleet that would actively power three actuators. Rather, compliance with the ADs issued at the be affected by the proposed rule—those the third actuator only powers up in the time, rudder control system failures and airplanes with the original rudder event of a power failure to the two jams were still present. system—had already begun to shrink in primary actuators. Thus, while the new (4) Most of the failure modes were number. The promulgation of several design incorporates three actuators, discernable on both the older (classic) Airworthiness Directives means that by similar to the design of Boeing’s 757/ models and the newer (next generation) the 2008 compliance date for those ADs, 767/777 model airplanes, a functional models of the 737. no 737 aircraft left in the U.S. fleet difference remains between the new 737 (5) There were no catastrophic failure would have the old rudder system. rudder system and that installed on modes identified at cruise speed and Therefore, we no longer find it other Boeing airplanes. altitude. One change to the hydraulic appropriate to require the installation of We note that the rudder control pressure system mandated by AD flight recorder equipment to monitor system enhancement can be split into reduced the time an airplane was those parts of the aircraft which became three separate tasks and are not exposed to catastrophic failure modes, life-limited by these ADs and will be normally accomplished at once. The but exposure was not eliminated during eliminated by 2008. first two changes can be accomplished takeoffs and landings. This SNPRM attempts to address the with the old rudder control system still Among its recommended long-term changes in circumstances introduced by in place. As of August 2004, Boeing had actions, the ETEB recommended that the RSEP, the findings by the ETEB, and shipped 2,957 kits needed for the first the 737 rudder system be modified to the ADs issued by the FAA by revising part of the installation, but only 728 kits ensure that no single failure or single the fleet of airplanes affected by the for the third part. The FAA assumes jam of the rudder control system would proposed rule, and by changing the these numbers have gone up; however, cause an uncommanded rudder motion proposed compliance time to coincide since there is no reporting requirement that has catastrophic results. with the modifications required by the for compliance with the AD, we have no The NTSB did not withdraw or ADs. way of knowing how many new change its recommendation regarding The FAA does not have convincing components or complete rudder control further monitoring of the rudder system evidence that the redesigned rudder systems have been installed. However, on 737s, and indicated in a February control system obviates the need for the the FAA understands that the wiring kit 2001 letter to the FAA that it had not additional flight recorder parameters. provided by Boeing for the first part of changed its position regarding the need The newly designed rudder system is the redesigned rudder system includes for installation of the new FDR unique in that the third actuator is only the wiring required for the proposed equipment ‘‘at the earliest possible activated upon the failure of the main additional sensors, making the opportunity regardless of any rudder PCU, at which point the two main installation of the parameters less system modification.’’ actuators are no longer performing. burdensome than originally anticipated. In November 2001, the FAA Thus, the FAA has tentatively Compliance with this rule, if adopted, published a proposed AD that would concluded that the information that would require the installation of the require the installation of a new rudder would be gathered by the addition of the sensors and their connection to the control system (and accompanying proposed parameters could provide DFDR system. These circumstances changes to nearby systems) (66 FR meaningful information in the event of argue for either the issuance of this rule 56783, November 13, 2001). The FAA a rudder control failure. While the ETEB (to take advantage of the work yet to be determined that the inherent failure conducted considerable testing of the accomplished on the majority of the 737 modes in the 737 rudder system, 737 aircraft and its rudder system, those fleet) or withdrawal, as soon as possible. verified by the ETEB, result in a design tests cannot duplicate the actual flight We continue to believe that unless the system architecture that is unsafe. The experience of either the original or the proposed additional flight recorder FAA also determined that the rudder new rudder system as it would be sensors are installed and the function of system design architecture led to a need recorded using the parameters the new system components are for non-normal operational procedures, proposed. The only way to get this data monitored, there will never be any which had also been implemented by is by installation of equipment that will means to eliminate the rudder system as AD. The FAA concluded that the record the movement of the rudder a possible cause of any future incident

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or accident, or to identify the particular additional flight data parameters? How parameters may have been installed component or action as a source of the many days would it take to install the voluntarily. problem if the rudder control system is equipment to record those additional III. Summary of Comments involved. These are the circumstances flight data parameters on those airplanes that spurred the original NTSB if the work were done: during a major The FAA received 17 comments on recommendations on the 737, but we are maintenance session; an overnight the proposed rule. Of the 17 comments, cognizant of the significant changes in maintenance session? the Air Transport Association of circumstances that have occurred in the 7. Are the assumptions and estimates America, Inc. (ATA), submitted three last five years, including the mandated made in Table 1 of this notice and the separate comments; one of the ATA changes to the original rudder system, accompanying Supplemental PRE, and submissions included seven comments and the decline in reported incidence of throughout that report, accurate? If you from member airlines. Only one rudder hardover events. are able to provide more current data, commenter, the Air Line Pilots We are also aware that we now need please submit it. Association (ALPA), supports the new information on the costs and 8. Please provide an update on the proposed rule as published. benefits of requiring these status of the various design changes that Specifically, ALPA agreed that a enhancements on a fleet of aircraft that would still need to be accomplished to potentially unsafe condition has been did not exist when we originally provide the information necessary to identified and concurs with the proposed the rule, those with the new install the proposed flight recorder proposed amendments. The other rudder system installed. parameters on the fleet expected to be commenters generally supported the The FAA originally evaluated the cost retrofitted with the new rudder design. intent of the proposed rule; however, We are issuing this SNPRM to gather data associated with this SNPRM nearly these commenters expressed concern information on the need for flight five years ago, shortly after the close of about: the comment period for the NPRM. recorder parameters that monitor the Since then, some 737s may have been new rudder system. This proposal (1) The time frame for compliance retrofitted with the new rudder, and represents a shift in the scope of the proposed in the Notice of Proposed may be partially equipped to record the rule. When the DFDR enhancements Rulemaking (NPRM), additional flight data parameters. were proposed, work was still in (2) the availability of installation Further, with the introduction of the progress in diagnosing the functions and instructions, new Boeing 737 rudder, there is a new perceived weaknesses of the original (3) the unavailability of parts, and class of airplane that will incur rudder system. We have modified the (4) the probability of considerable retrofitting costs that may be different original proposed regulatory text to airplane out-of-service time. require that the flight recorder from those costs reported by the The amount of time that has elapsed parameters proposed in 1999 be industry and used in the Supplemental since comment was invited, and the installed concurrent with the new Preliminary Regulatory Evaluation events that have occurred since rudder system; we have redrafted the (Supplemental PRE) that accompanies comment was invited, has caused most rule to state that compliance would be this rulemaking document. Because the of the comments to become outdated. required no later than November 12, FAA does not have the data necessary The proposed compliance times are no 2008, the date that compliance is to evaluate the impact of, and need for, longer applicable, nor are the costs that a rule requiring the additional required with the Airworthiness Directives mandating the installation of were applied to them. Accordingly, we parameters for those 737s equipped are not including a discussion of with the new rudder control system, the the redesigned rudder system. We have made other changes to the proposed comments concerning compliance time, agency requests more current parts availability, or out of service time information for the following specific regulatory text based on comments to the NPRM. These changes, which are since these issues no longer exist under questions as well as any additional data current circumstances. that the public believes needs to be explained later in the document, will incorporated into the economic not be revisited. Accordingly, we Comments on Specific Proposed analysis. request interested parties to direct their Requirements attention to our requests for data, the 1. How many 737s are in your fleet? The following disposition of 2. How many 737s do not record the need for additional parameters for the comments addresses those comments flight parameters that we are proposing redesigned 737 rudder control system, that were not overtaken by intervening be recorded? How many 737s currently and the proposed November 2008 events and actions. Some of the record these parameters? compliance date. 3. How many 737s have been In summary, the FAA finds this questions and information submitted retrofitted with the new Boeing rudder? supplemental proposal necessary in with them remain relevant to the actions How many of those airplanes do not order to update the status of the number contemplated under this modified record the flight data parameters that we and configuration of 737s in the current proposal. propose to be recorded? fleet. Since we do not track operator Boeing stated that it typically does not 4. How many 737s are expected to be compliance with ADs, the information develop or commit to design changes retrofitted with the new Boeing rudder requested here will tell us how many until the release of a final rule. in each of the years 2006, 2007, and airplanes have been retrofitted with the However, because of the proposed short 2008? new rudder system and the estimated time frame for compliance, Boeing had 5. How many 737s are expected to be costs for installing the DFDR parameters already implemented production design retired in each of the years 2006, 2007, if the new rudder system has already changes in an attempt to accommodate and 2008? been installed. We expect to receive the expected compliance schedule. 6. For those 737s that have already information on the number of Boeing noted that a typical design been retrofitted under the AD but do not retirements expected, as well as the change of this magnitude would require record the additional flight data number of aircraft that are already in a minimum of 18 months to allow time parameters, how much would it cost to compliance because they are new or to develop the design and to work with install the equipment to record the because the proposed DFDR rudder parts suppliers, operators, and the FAA.

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A. Compliance Issues for Rudder Pedal (possible) rudder system anomalies. The would take much longer than the Forces Board argued that a single sensor placed implementation dates proposed. Boeing also argued that four Proposal: The FAA stated in Notice midstream in the rudder control system, transducers would provide no major No. 99–19 that it had received inquiries as introduced by Boeing, would not incremental gain in information. from the NTSB and Boeing concerning identify whether the flightcrew inputs According to Boeing, a single transducer an acceptable means of recording the are in opposition to each other or allows investigators to determine why rudder pedal control input forces whether the nose wheel steering (NWS) the rudder moved, by pilot action or required by paragraph (a)(88) of or some other system anomaly forward system input, but that a single § 121.344; the requirement was added in of the sensor causes the inputs. In addition, any jams in the controls transducer will not show whether a the 1997 amendment to the DFDR between the pedals and the sensor may pedal jammed. The four transducers regulations. would enable Boeing to determine To meet the 1997 regulations, Boeing go undetected, because the amount of whether the rudder moved and may developed a rudder pedal force force exerted by the flightcrew would not be registered by the sensor. The allow determination of which pedal was transducer that is placed ‘‘midstream’’ NTSB stated that, if the upgrade jammed or restricted. However, the four in the rudder control system. The required only a single force sensor in transducers, like the single transducer, transducer is designed to identify the rudder system, the possibility would would not permit determination of why whether the input was coming from the remain that the information would not a rudder pedal was jammed or cockpit or from the rudder assembly. be sufficient to identify some future restricted, because the jam or restriction The NTSB indicated informally that it flight control problems even after the is also ‘‘upstream’’ of the transducers. would prefer a system that measures the proposed retrofit. FAA reply: Although specifically rudder input force at the individual Boeing commented that neither the requested, the FAA did not receive any rudder pedals. This would require the existing rule nor the proposed rule cost data or time estimates for a four- addition of four transducers (one on includes specific requirements that rudder-pedal sensor retrofit as described each rudder pedal) rather than the support a change to the current design in the NPRM. While the FAA single one designed by Boeing. The FAA to measure individual rudder pedal understands the NTSB’s desire for the noted that the NTSB believes that only force. Boeing stated that the 1997 rule information that such rudder pedal the installation of four rudder pedal contained no requirement to measure sensors might provide, general force sensors would meet the intent of any disagreement between pilot inputs. comments from Boeing indicate that its April 16, 1999 recommendation to According to Boeing, the NTSB such a retrofit would be both time- record rudder input force. recommendations and the proposed rule consuming and costly. The FAA is The FAA acknowledged the suggested that the only issue is the unaware of a sensor currently in difference between the data acquired ability to quickly distinguish a yaw production that could meet the design using Boeing’s already approved single damper event from a flightcrew input or requirements that would be necessitated transducer system and the NTSB’s a rudder anomaly. Boeing believed the by the NTSB’s request. Even if such a suggested four-pedal sensor retrofit. The current single transducer design meets sensor does exist, Boeing also indicated FAA requested comment on the this intent. (in its comment and in discussions with necessity and feasibility of Boeing claimed the current 737 NG the FAA) that major redesign of the instrumenting all four rudder pedals on airplane rudder pedal design satisfies aircraft might be necessary, including 737s with force sensors as a means of the parameter 88 requirements defined moving a floor beam, since there is so complying with paragraph (a)(88). The in the existing rule. Boeing added that little space available under the rudder FAA also requested comment on the rudder design on 737–100 through pedals of the 737. Such modifications whether Boeing’s single force transducer –500 series airplanes delivered since would take several years to design and should remain an accepted means of August 1998 is identical to that on the incorporate into the production line; the compliance with parameter 88 for all 737 NG airplanes, and retrofit kits are engineering for in-service airplanes 737s that do not have the transducer available for this installation in would be more complicated, since installed or had not yet otherwise airplanes delivered before then. Boeing changes to major structural components complied with paragraph (a)(88). In noted that any change to the would mean a change to the airplane’s addition, the FAA requested cost data requirements to which this installation original type design and the for the four-pedal retrofit to determine complies would require additional airworthiness certification of every whether the incremental increase in retrofit. affected airplane. The time that such benefits that would be provided by that Boeing further stated that the design and retrofit would take far configuration would be offset by the proposed addition of four individual exceeds any recommendation of the additional time and costs involved if rudder pedal force sensors would NTSB, and argues against the NTSB’s such a requirement were mandated. require a significant number of design own characterization of the Comments: The FAA received two changes in the rudder control modification as time-sensitive. comments on recording rudder control mechanism and to the structure of the Further, the FAA is unable to say with inputs, one from the NTSB and one cockpit floor. The 737 has severely any certainty that the information that from Boeing. limited space in the area these would be might be gathered by the NTSB’s The NTSB stated that the rudder placed, which limits design options. At proposed pedal force sensors would pedal force exerted by each the time the NPRM was issued, Boeing lead to a solution to the rudder problem. crewmember is critical to its and its suppliers had not yet been able The rudder pedal force sensors may understanding the loss of control to identify a design solution that could well be able to identify the amount of problems experienced in the 737. The be implemented without significant force an individual pilot is placing on NTSB added that in its investigation of structural and system changes that a pedal, but the amount of force does a 1999 rudder incident involving would make retrofit complex, lengthy, not seem to have been an issue in the Metrojet, not knowing the amount of and costly. Boeing added that it noted accidents or incidents. If there is rudder pedal force exerted has made it expected the design definition and a problem in the rudder system, then impossible to separate pilot actions from implementation of four transducers the amount of force exerted in an

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attempt to overcome it is less important transducers in the same location as the sensors required to record to Appendix than finding where the malfunction is 737 NG airplanes, but that the force M specifications were not available and occurring. If pilots are fighting each applied by individual pilots cannot be had not yet been designed. Sensor other for control using the rudder determined because the elevator control design and availability are no longer pedals, then the issue is not with the systems of the 737–100 through –500 issues since all aircraft manufactured airplane itself. It is a suspected problem series airplanes do not have a jam after August 19, 2002 have been with the airplane itself that is the reason override device between columns. required to meet Appendix M standards for proposing this rule, and the FAA has Boeing also described the FAA- for parameter (a)(88). Nor is there any determined that continuing to allow approved single-wheel force transducer need to provide for more than one compliance with parameter 88 using a design for parameter (a)(88), and stated sensor type since a sensor that records single midstream transducer reflects the that it meets the intent of the existing to Appendix M standards now exists for best balance of cost and information to rule provided that the left and right use in a retrofit. Accordingly, the FAA be gained in an attempt to locate the control wheel positions also are intends to adopt the rule as originally source of the problem in a timely recorded. Boeing stated that the aileron proposed, with the Appendix M fashion. system measures both cockpit control standards applicable to all 737s Accordingly, the FAA has decided positions, but only the left side’s force. recording all functions required by against promulgating a four-pedal Each pilot’s control inputs go through parameter (a)(88) (±70 pounds control sensor requirement. The agency has no the left side force transducer, except in wheel force and ±85 pounds control basis for concluding that a retrofit of the event of a failure. Boeing added that column force). individual rudder pedal sensors would because the FAA does not typically The FAA understands that the lateral be cost beneficial when the costs consider dual failures a likely event, the control system on the 737 has an themselves cannot readily be estimated proposed configuration should be override device between the two control without a significant investment of time acceptable. wheels that allows either pilot to and energy. Moreover, since the FAA is Boeing noted that to comply with the operate the control wheel unable to quantify the requirements existing requirements for parameter independently, but that the primary either for the equipment or the (a)(88), the control wheel force control path for both pilots is through recording rate and sensitivity, any transducer would have to be modified the left cable control path. The right information on estimated costs becomes specifically for DFDR application to control is not usually connected and is that much less reliable and certainly achieve the increased force range. New used only in the event of a failure. A falls short of the legal requirements for flight control computer hardware and single control wheel force transducer in imposing the eventual cost on operators. software would have to be installed to the left cable path records the inputs interface with the new transducer and from both pilots. The FAA agrees that B. Compliance Issues for the Control the force transducer stops would have to Column and Control Wheel the single control wheel force be modified to allow the additional transducer is acceptable, provided the Proposal: Parameter (a)(88) requires range. left and right control wheel positions that control wheel and control column Boeing further stated the control are also recorded. The use of a single input forces be measured and recorded. wheel retrofit of the 737–100 through force transducer with two position The current rule requires that airplanes –500 series airplanes is basically the sensors is acceptable because with breakaway capability record both same as that of the 737 NG airplanes, comparison of the two position sensors left and right side control wheel forces. except that Boeing would add a (new) allows detection of a breakout of the The FAA noted in the preamble to the second control wheel position override between the control wheels; NPRM that there also are issues of transducer to the first officer’s control this breakout allows the right cable acceptable means of measuring control wheel to allow the 737–100 through control path to become active. column and control wheel forces. The –500 series airplanes’ configurations to FAA specifically requested comment on be identical with that of the 737 NG C. Compliance Issues; Other Parameters the means and costs of measuring these airplanes. 1. Standby Rudder Status control forces under the requirements The NTSB stated that although it is proposed in this rulemaking. concerned that the current control force Proposal: In the NPRM, the FAA Comments: The FAA received sensors will not meet the range and proposed to add recording of the comments from Boeing, Alaska, United accuracy requirements of the proposed standby rudder status. The standby Airlines, ATA, and the NTSB on the rule, suitable control force sensors were rudder system is an alternative source of control column and control wheel likely to be available by the then hydraulic power to the rudder that is systems. proposed compliance dates. The NTSB used when primary hydraulic power is Boeing stated that to comply with the contended that separate sensors to lost. The intent of the proposed existing rule for parameter (a)(88), measure the pilot and copilot flight requirement was to record whether the Boeing intended to modify the control control input forces must be used when standby rudder system switch is in the column and control wheel force breakaway features are employed on or off position. transducers for DFDR application to (breakaway capability allows either Comment: Boeing believed the intent achieve the increased force range. pilot to operate the airplane of recording the standby rudder status Boeing would also install new flight independently). was to determine the actual status of the control computer hardware and Two operators of 737s and the ATA standby rudder system and not the software to interface with the new commented that as of the date of the position of any particular switch. transducers. NPRM, the required sensors had not yet Boeing indicated that the system should Boeing stated that the retrofit for the been developed. record the state of the standby hydraulic 737–100 through –500 series airplanes FAA reply: The primary objection rudder shutoff valve, which also is is basically the same as that for the 737 raised by the commenters was that the controlled by both of the standby rudder NG airplanes. However, it noted the regulation would force early compliance system switches. Boeing maintained this 737–100 through –500 series airplanes with parameter (a)(88) for control wheel would provide a clearer indication of include two control column force and control column forces, and that the the actual status of the standby rudder

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system than recording whether the requirement to record parameter (a)(22). error in the proposed rule. This SNPRM standby rudder switch is in the on or off This proposal would require all 737s to includes the single-source recording as position. The ATA stated that the record parameter (a)(22). provided in the 1997 rule. A sentence sensors for the standby rudder status has been added in § 121.344(m) 3. Yaw Damper Status and Yaw Damper parameter have not been designed for indicating that single-source recording Command any 737. would remain available to airplanes FAA reply: The FAA agrees with the Proposal: Proposed paragraph (a)(89) otherwise subject to § 121.344(b)(1), comments and we have revised the would add the recordation of yaw (c)(1), or (d)(1). proposed language in paragraph (a)(91) damper status. The intent of the Proposal: The proposal removes 737s to indicate that it is the valve position requirement is to determine whether the from the requirements of § 121.344(b) that needs to be recorded for standby yaw damper is on or off. Proposed and (c), adds specific 737 requirements rudder status, not the position of the paragraph (a)(90) would add the to § 121.344(d), (e), and (f), and adds switch, as initially proposed. recordation of yaw damper command. new § 121.344(m). The intent of this requirement is to Comments: Boeing indicated that 2. Thrust Reverser record the amount of voltage being § 121.344(d), (e), and (f), as proposed, Proposal: Under the 1997 DFDR received by the yaw damper system. state that all 737s must comply with the regulations, instrumentation of the This determines how much rudder requirements in paragraphs (m)(1) and thrust reversers (§ 121.344(a)(22)) was movement is being commanded. (m)(2). Boeing contended this language not required until the year 2001 for Comment: For the 737–100 through overlooks the requirements of paragraph some airplanes and is not required at all –500 series airplanes, Boeing proposed (m). Boeing also did not understand for older airplanes. The proposal would to record the yaw damper linear variable why paragraphs (d), (e), and (f) were not require all 737s regardless of age to displacement transducer (LVDT) revised as paragraphs (b) and (c) to record the thrust reverser position. position feedback from the new yaw except the 737. Boeing stated that the Comment: Boeing stated that the damper coupler through an ARINC 429 addition of paragraph (m) makes it requirement for recording thrust interface, and, if the DFDR capacity unclear as to what is required for 737s reverser positions would require allows, the yaw damper command from and that it would be much clearer to modifications to the engine accessory the yaw damper coupler through an include the additional 737 requirements unit (EAU) to monitor the thrust ARINC 429 interface. Boeing noted that in the existing applicable paragraphs. reverser. According to Boeing, the 737 NG airplanes record both the Boeing further stated that § 121.344(m), approximately 937 737–100 and –200 yaw damper command from the stall as proposed, is inconsistent with airplanes will require two new PC cards management yaw damper and the yaw paragraphs (b), (c), and (d) in that it and associated connectors and wiring, damper LVDT position feedback requires recording parameters (a)(88) and approximately 250 737–300 and through an ARINC 429 interface. The through (a)(91), while paragraphs (b), –400 airplanes will require four new PC ATA stated that sensors for yaw damper (c), and (d) do not. cards and associated connectors and status and yaw damper command FAA reply: The modifications to the wiring if the proposal is adopted. parameters are not addressed in a compliance schedule for installation of Boeing requested that the FAA not retrofit service bulletin. the additional parameters have removed require instrumentation of the thrust FAA reply: Sensors for the yaw the issue of compliance time; reversers for the older 737–100 through damper status and yaw damper compliance time is no longer –500 series airplanes. The 737 NG command parameters have been determined by the date of FDAU airplanes would be retrofitted to record developed and have been installed in installation. thrust reverser position. Boeing 737s manufactured since August 18, For consistency, § 121.344(b), (c), (d), suggested specific language that could 2000. The sensors exist and the FAA (e), and (f) are similarly revised to be used to codify its request. continues to believe that the parameters reference the 737 requirements in FAA reply: The SNPRM does not should be required. § 121.344(m). The FAA has decided incorporate Boeing’s suggested change. against putting the 737 requirements in Under § 121.344(b)(1), adopted in 1997, 4. Other Issues each subparagraph because it would be the only airplanes not required to record Proposal: The current DFDR cumbersome, unnecessarily repetitive, thrust reverser position, parameter regulation allows single-source and introduce more possibilities for (a)(22), are airplanes manufactured on recording for control input and control error. or before October 11, 1991, that were surface positions, parameters (a)(12) Proposal: The note to parameter not equipped with a FDAU as of July 16, through (a)(14) or (a)(12) through (a)(17), (a)(88) in current Appendix M to part 1996. All other airplanes must either be depending on the date of airplane 121 requires airplanes that have a flight retrofitted to record, or record at manufacture. The proposed rule control breakaway capability (which manufacture, thrust reverser position. eliminated the allowance to record these allows either pilot to operate controls The distinction made in from a single source. independently) to record both control § 121.344(b)(1) was introduced to Comments: Boeing stated that force inputs; the note also discusses prevent the oldest airplanes from having § 121.344(b) and (c), as proposed, sampling rates. to be retrofitted with a FDAU to meet removes the allowance to permit Comments: Boeing pointed out that the 1997 rule, not because thrust recording parameters (a)(12) through the note to parameter 88 in appendix M reverser data is not important. Under (a)(17) from a single source and applies to part 121 and appendix E to part 125 this SNPRM, the other recording the full requirement of appendix M to indicates that all the comments in the requirements for 737s necessitate the part 121 to recording these parameters. remarks column do not apply to the 737. installation of a FDAU, eliminating the However, paragraph (d) still permits Boeing believed that the note is meant distinction made in the 1997 rule. recording parameters (a)(12) through to indicate that it is only the sampling Further, the FAA cannot accept Boeing’s (a)(17) from a single source. interval remarks that do not apply to the suggested language because it is general FAA reply: Removing the allowance 737s. The NTSB also stated that the and would relieve not only 737s but for recording control and surface remarks section covers, in addition to certain other airplanes from the 1997 positions from a single source was an the sampling rate requirements, a

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requirement to record both control force the changes to part 125 and Appendix must be accomplished during the inputs for those airplanes that have a E are proposed again here without installation of the modified rudder flight control breakaway capability that change from the original proposal. system required by AD or no later than allows either pilot to independently November 2008. These sections would IV. Changes Adopted in This SNPRM operate the airplane, which still would also reinstate the language allowing apply to 737s. When the FAA proposed the single-source recording, as discussed in FAA reply: The FAA agrees with recordation of new flight data recorder the disposition of comments. The Boeing, and has revised footnote 18 to parameters in November 1999, the ETEB parameters that may be recorded from a clarify application of the parameter for was still in the process of conducting its single source would be determined by 737s. The requirement to record both failure analysis, and other action by the the age of the airplane and its applicable control force inputs for systems with agency was not yet contemplated. The regulations. breakaway capabilities does apply to the ETEB’s finding and the FAA’s • Footnote 18 would be added to 737, but as discussed above, the FAA subsequent decision to issue the AD parameter 88 in Appendix M to part 121 has approved the use of a single control requiring replacement of the rudder and Appendix E to part 125 and would wheel force transducer provided that system mandate that this rule be read ‘‘For all 737 model airplanes: The both control wheel positions are modified to account for those actions. seconds per sampling interval is 0.5 per This proposed rule, if adopted, would recorded (although both pilot’s inputs control input; the remarks regarding the require the installation of the flight go through the left side force transducer, sampling rate do not apply; a single recorder parameters proposed in the except in the event of a failure). Because control wheel force transducer installed NPRM with the following modifications. the FAA historically has not considered on the left cable control is acceptable The installation would be accomplished a dual failure a likely event, this provided the left and right control simultaneously with the installation of wheel positions also are recorded.’’ configuration is acceptable. the redesigned rudder system in order to Footnote 19 would be added to Proposal: The FAA proposed the minimize the costs and out-of-service same changes to the digital flight data time required. The regulatory evaluation parameter 88 in Appendix M to part 121 recorder regulations in § 125.226 as for this proposed rule has been and Appendix E to part 125 and would those proposed in § 121.344. In significantly revised to include this read ‘‘For all 737 model airplanes addition, the FAA proposed the same extended compliance time. This manufactured on or before January 31, changes to Appendix E to part 125 as extension of the compliance time also 2001, Range values are: Full Range; those proposed to Appendix M to part Control wheel ± 15 lbs.; Control column addresses the majority of the comments ± ± 121. The FAA also proposed that received in response to the proposed 40 lbs.; and Rudder pedal 165 lbs.’’ • airplanes operating under deviation rule. Specifically, this SNPRM Sections 121.344 (a)(91) and authority from part 125 must comply incorporates the following changes: 125.226(a)(91) would be revised to read with the flight data recorder • Sections 121.344(b), (c), (d), (e), and ‘‘standby rudder valve status’’ and in requirements of part 125 for the (f) and § 125.226(b), (c), (d), (e), and (f) appendix M to part 121 and appendix particular aircraft. The FAA specified would be amended to indicate that all E to part 125, the range for parameter 91 that this deviation requirement would 737 model airplanes also must comply would be revised to read ‘‘Discrete.’’ apply to all aircraft and not only the with the requirements in § 121.344(m) • The range for the rudder pedal in 737. The FAA specifically sought or § 125.226(m), respectively. Sections parameter 88 in appendix M to part 121 comments on why the flight data 121.344(m) and 125.226(m) would be would be corrected to read ‘‘Rudder recorder requirements of part 125 added to indicate that in addition to pedal ± 165 lbs.’’ should not be made applicable to other applicable requirements, all 737 No 737s are exempt from this aircraft operated under deviation model airplanes must record the rulemaking. Airplanes that have been authority. In addition, the FAA sought parameters listed in paragraphs (a)(1) manufactured since January 2003 would comments from affected persons through (a)(22) and (a)(88) through already be incompliance with this rule operating aircraft under deviation (a)(91) in accordance with the ranges, because the rudder parameters proposed authority from part 125 concerning the accuracies, resolutions, and recording here would have been installed at proposed compliance schedule. intervals specified in Appendix M to manufacture. Comments: The FAA received no part 121 or Appendix E to part 125, V. Chronology comments on the proposed changes to respectively. The proposed compliance part 125. Accordingly, the changes to times have been changed to state that The following is a list of selected part 91, applicable to part 125 airplanes the installation of the equipment events relevant to 737 rudder control operated under deviation authority, and required to record these parameters issues and FAA rulemaking actions:

Date Event

December, 1967 ...... The Boeing 737 is type certificated. March 3, 1991 ...... United Airlines flight 585 crashes near Colorado Springs, CO; loss of rudder control implicated, but the flight re- corder was rudimentary (5 parameters recorded as required by regulation). 1993 ...... NTSB Recommendation on the 737 rudder system. September 8, 1994 ...... Crash of USAir flight 427 near Aliquippa, PA. June 9, 1996 ...... Rudder hardover reported on Eastwind flight. 1996 ...... FAA issues AD on flight crew procedures to overcome potential system failures. 1995–1997 ...... NTSB issues 20 safety recommendations on the 737, three in 1995 recommending upgrades to the DFDRs. June, 1997 ...... FAA issues two ADs on 737 rudder system components. February 23, 1999 ...... USAir flight 2710 reports uncommanded rudder hardover at cruise. March 24, 1999 ...... NTSB final report on USAir 427 indicates loss of control from uncommended rudder hardover as probable cause; says 1997 DFDR rule changes by FAA not adequate for 737. May, 1999 ...... ETEB formed to conduct failure analysis on rudder control actuation system of the 737.

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Date Event

November 18, 1999 ...... FAA NPRM proposing three new DFDR parameters for 737s, proposing compliance in 2000 or 2001 based on in- stalled equipment. December 20, 1999 ...... Comment period for NPRM closes. 1999 ...... Five rudder hardover incidents reported on 737s during the year. July, 2000 ...... ETEB final report finds numerous failure modes on 737 rudders, recommends modification of the entire rudder system. September, 2000 ...... Boeing begins its Rudder System Enhancement Program (RSEP). January 16, 2001 ...... Boeing makes a presentation to the NTSB on its RSEP findings. January, 2001 ...... Boeing submits letter to FAA rule docket requesting delay of any final rule in anticipation of final RSEP findings expected later that year. February, 2001 ...... In a letter to the FAA, the NTSB maintains its position on installation of new DFDR parameters on 737s as soon as possible, and regardless of rudder system modification. February, 2001 ...... Boeing applies for a change in type design based on its RSEP. November 13, 2001 ...... FAA publishes NPRM AD on modified rudder system. October 7, 2002 ...... FAA publishes final rule AD to install modified rudder system; compliance is due in 6 years (11/11/2008); special flight crew procedures in effect since 1996 are superseded as of installation. January, 2003 ...... New Boeing 737s are delivered with the new rudder system and the three DFDR rudder parameters as original equipment.

VI. Paperwork Reduction Act Organization (ICAO) Standards and regulatory action’’ as defined in the This SNPRM proposes to amend the Recommended Practices to the Executive Order and as defined in regulations to add a requirement for all maximum extent practicable. The FAA DOT’s Regulatory Policies and 737s to record additional flight data has determined that there are no ICAO Procedures; parameters. These additional parameters Standards and Recommended Practices (2) Would have a significant impact are not required by the current that correspond to these regulations. on a substantial number of small entities; regulations and would provide the only VIII. Economic Evaluation, Regulatory (3) Would have minimal effects on currently available means of gathering Flexibility Determination, International information that the FAA and the NTSB international trade; and Trade Impact Assessment, and (4) Would not impose an unfunded anticipate will help assess the cause of Unfunded Mandates Assessment incidents that appear to be related to mandate on state, local or tribal rudder anomalies on 737 airplanes. Changes to Federal regulations must governments or on the private sector. The respondents are all U.S. undergo several economic analyses. The FAA has placed these analyses in certificate holders operating 737 First, Executive Order 12866 directs the docket and summarizes them as airplanes under parts 91, 121, 125, and each Federal agency to propose or adopt follows. a regulation only if the agency makes a 129. Data Sources The required information would be reasoned determination that the benefits electronically recorded on the DFDR of the intended regulation justify its The principal data sources used are each time the airplane begins its takeoff costs. Second, the Regulatory Flexibility the public comments from the ATA and roll until it has completed its landing Act of 1980 requires agencies to analyze six airlines, as well as discussions with roll and kept until the airplane has been the economic impact of regulatory representatives from Boeing and several operated for 25 hours. The recorded changes on small entities. Third, the airlines that operate 737s, an ATA data would be overwritten on a Trade Agreements Act (19 U.S.C. 2531– survey of its members, avionics vendors, continuing basis and accessed only 2533) prohibits agencies from setting and repair stations that will perform following an accident. This requirement standards that create unnecessary some of the FDR system retrofits. In this would be a nominal addition to a obstacles to the foreign commerce of the section, the FAA addresses the public passive information collection activity United States. In developing U.S. comments concerning the Preliminary and therefore does not contain a standards, the Trade Act requires Regulatory Evaluation and the economic measurable additional hour burden. agencies to consider international effects of the proposed rule. standards. Where appropriate, agencies As required by the Paperwork Affected Airplanes and Industries Reduction Act of 1995 (44 U.S.C. are directed to use those international 3507(d)), the U.S. Department of standards as the basis of U.S. standards. In the November 1999 NPRM, the Transportation submitted the Fourth, the Unfunded Mandates Reform FAA estimated the proposed rule would information collection requirements to Act of 1995 requires agencies to prepare affect 1,306 737s projected to be in the Office of Management and Budget a written assessment of the costs, service in the year 2000, and 2,144 737s (OMB) for its review and assignment of benefits, and other effects of proposed that will be manufactured between 2001 an OMB control number and one was or final rules. This requirement applies and 2020. assigned. However, when the control only to rules that include a Federal In the Supplemental PRE, the FAA number came up for reauthorization, we mandate on State, local, or tribal estimates that this proposed rule would decided not to renew it. If this proposed governments or on the private sector, affect 1,171 current 737s projected to be requirement is made final, we will likely to result in a total expenditure of active in 2008. The FAA believes this reapply for the authorization. $100 million or more in any one year proposal would not affect 737s in (adjusted for inflation). production because Boeing voluntarily VII. International Compatibility Based on the available information, manufacturers these airplanes to the In keeping with U.S. obligations the FAA believes that this proposed rule’s requirements. Currently, eight under the Convention on International rule: airlines (Southwest Airlines, Civil Aviation, FAA policy is to comply (1) Would have benefits that justify its Continental Airlines, United Airlines, with International Civil Aviation costs and would be a ‘‘significant Delta Airlines, U.S. Airways, American

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Airlines, America West Airlines, and overestimate the future accident rate. dollars. There were no comments on Alaska Airlines) operate 80 percent of The FAA agrees the historical 737 this estimate. the affected airplanes. One major airline accident rate is not appropriate for this In the Supplemental PRE, the FAA (Southwest Airlines) and two national analysis. Given the recent ADs, there is uses the following updated values and airlines (Aloha Airlines and Sun insufficient information to specify the average 737 size to quantify the Country Airlines) operate 737s future 737 accident rate and how much potential benefits from a prevented 737 exclusively. this rulemaking will reduce it. As a accident: $3 million for each prevented result, the FAA has changed the Benefits fatality; an average of 113 passengers approach used in the NPRM in and crew on a 737, for a resulting total The principal benefit from increasing analyzing benefits in this SNPRM the number of recorded flight data of $339 million an airplane; $17 million analysis. Rather than predicting a for a destroyed 737; $6 million for parameters is the increased probability number of future accidents, as was done that the information gathered can be ancillary damage to ground structures; for the NPRM, the Supplemental PRE and $33 million for the resultant used to determine more precisely the estimates the potential quantified government and industry accident causes of future 737 rudder-related benefits that would occur if recording investigation. These changes are the accidents. Once these causes are known, these flight data parameters would lead result of increased costs, as well as an regulatory agencies and the aviation to the prevention of an accident. Should increase in the average number of industry could effect corrective actions the FAA receive sufficient data in passengers aboard a 737. Thus, the (e.g., an airplane design modification or response to this rulemaking notice to average potential benefit from changes in operating procedures) that permit it to predict a number of future preventing a 737 in-flight accident is could prevent such future accidents. accidents, it may revert to the about $395 million in 2003 dollars. In the NPRM, the FAA estimated the methodology used in the preliminary number of these future 737 accidents regulatory evaluation supporting the Significant Differences in the Economic based on the assumption the historical NPRM. Models Used in the Preliminary accident rate would remain constant. In the NPRM, the FAA used the Regulatory Evaluation and the The ATA and Continental Airlines following values to quantify the Supplemental Preliminary Regulatory disagreed by noting that the FAA issued potential benefits from a prevented 737 Evaluation several ADs on the 737 rudder system accident: $2.7 million for each since 1995, and no rudder-associated prevented fatality, an average of 96 Table 1 lists the significant accidents had happened since then. passengers and crew on a 737, for a differences in assumptions and values (These comments, made in 2000, do not resulting total of $259.2 million an between those used in the NPRM and include the 2002 AD (Number 2002–20– airplane; $20 million for a destroyed those in this analysis. The specific 07) that requires 737 rudders to be 737; $5 million for ancillary damage to impact that each value has on the retrofitted to prevent an uncommanded ground structures; and $31 million for revised compliance costs is discussed in rudder hardover event.) Continental the resultant government and industry the individual compliance cost sections. Airlines believed that, to the extent that accident investigation. Thus, the Although there are other differences that the ADs have mitigated this unknown average potential benefit from have changed the calculated costs, the problem, an accident rate based on the preventing a 737 in-flight accident was differences listed in Table 1 are the most pre-AD 737 historical rate will estimated to be $315.2 million in 1999 significant ones.

TABLE 1.—SIGNIFICANT DIFFERENCES IN ASSUMPTIONS AND VALUES BETWEEN THE PRELIMINARY REGULATORY EVALUATION AND THE SUPPLEMENTAL PRELIMINARY REGULATORY EVALUATION

Assumption or value Preliminary regulatory analysis Supplemental preliminary regulatory analysis

Number of Airplanes ...... 1,306 (in Year 2000) ...... 1,567 (in Year 2004). Number of Retrofitted Airplanes ...... 1,306 (by Year 2001) ...... 1,171 (by Year 2008). Annual Increase in Flight Hours & Fuel Burn .... 4.1 percent ...... Varies depending on number of airplanes. Year of First Retrofits ...... 2000 ...... 2005. Number of years to retrofit ...... 18 months ...... 4 years. How scheduled retirements are handled ...... All airplanes active on the final rule date are No airplane scheduled for retirement before retrofitted. 2008 is retrofitted. Who does initial engineering redesign ...... All individual STC holders ...... Boeing. Hourly Labor Rates: Engineers; Mechanics ...... $100; $70 ...... $125; $85. How recorders are affected ...... Newer recorders in 737 ‘‘Classic’’ airplanes All recorders in 737 ‘‘Classic’’ airplanes must can be reprogrammed at a unit cost of be replaced at a unit cost of $20,000. $10,000.. How FDAUs are affected ...... Existing FDAUs in 737 ‘‘Classic’’ airplanes All FDAUs must be replaced in 737 ‘‘Classic’’ can be reprogrammed at a unit cost of airplanes at a unit cost of $50,000. $20,000. How FCCs are affected ...... No impact—no cost ...... Must be reprogrammed at a cost of $10,000 per airplane. How many airplanes retrofitted during a ‘‘C’’ or 33 percent ...... 100 percent. ‘‘D’’ maintenance check. How many out-of-service days for a retrofit not 4–9 ...... 2–8.1 done during a ‘‘C’’ or ‘‘D’’ maintenance check. How many out-of-service days for a retrofit 2–7 ...... 0–6. done during a ‘‘C’’ maintenance check. Per gallon price of aviation fuel ...... $0.61 ...... $0.75.

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TABLE 1.—SIGNIFICANT DIFFERENCES IN ASSUMPTIONS AND VALUES BETWEEN THE PRELIMINARY REGULATORY EVALUATION AND THE SUPPLEMENTAL PRELIMINARY REGULATORY EVALUATION—Continued

Assumption or value Preliminary regulatory analysis Supplemental preliminary regulatory analysis

Future production 737s ...... All affected at a per airplane cost of $38,900 No cost because parameters 89–91 would have been installed in the absence of the final rule. 1 In the event we receive information that some airplanes cannot be retrofitted during a ‘‘C’’ or ‘‘D’’ check, we will use an out of service time of 2 to 8 days for FDR equipment installation. We specifically request that this estimate be verified by affected operators.

Compliance Costs for the Supplemental retrofit a 737 would vary between ‘‘D’’ check, a ‘‘C’’ check, or would Rule $41,800 and $221,950 per airplane, require a separate dedicated scheduled depending upon the 737 model, its FDR maintenance session. See also the As summarized in Table 2, the FAA system equipment, and whether the footnote to Table 1. estimated in the NPRM that the cost to retrofit would be completed during a

TABLE 2.—PER AIRPLANE COMPLIANCE COST BY 737 SERIES AND FDR SYSTEM ESTIMATED IN THE PRELIMINARY REGULATORY EVALUATION [All values in 1999 $]

Equipment and Out-of- Out-of-service Total costs and 737 Series labor costs service days lost net revenue lost net revenue

200 ...... $160,200–176,400 4–7 $250–800 $160,450–177,200 200-Advanced (No FDAU) ...... 160,200–176,400 4–7 4,900–8,600 160,690–185,000 200-Advanced (FDAU) ...... 68,800–90,000 2–4 2,450–4,900 71,250–94,900 300 (No FDAU) ...... 175,200–191,400 6–9 20,375–30,550 195,575–221,950 300 (FDAU) ...... 35,100–90,000 2–4 6,800–21,550 41,900–111,550 400 (No FDAU) ...... 160,200–176,400 6–9 17,350–30,350 177,550–206,750 400 (FDAU) ...... 35,100–90,000 2–4 8,675–25,250 43,775–107,350 500 (No FDAU) ...... 175,200–191,400 6–9 20,150–30,200 195,350–221,600 500 (FDAU) ...... 35,100–90,000 2–4 6,700–19,100 41,800–109,100 600 ...... 35,100 2–4 15,375–30,750 50,475–65,850 700 ...... 35,100 2–4 17,350–34,675 52,450–69,775 800 ...... 35,100 2–4 20,800–41,575 55,900–76,675 900 ...... 35,100 2–4 21,950–43,875 57,050–76,975

The FAA estimated in the NPRM the 400/500 that does not have a FDAU, Summary of Factors Creating the total costs of compliance with the between $142,120 and $167,120 for a Significant Differences Between the proposed rule between 2000 and 2020 737–300/400/500 that has a FDAU, Estimates would be about $255 million, which between $49,410 and $63,410 for a 737 There are 4 major factors that create had a present value of $205.4 million. NG that does not record parameters 89– the differences between the NPRM and Of the $255 million total costs, the one- 91, and $9,475 for a 737 NG that records SNPRM estimates. time costs to retrofit the existing 737 parameters 89–91. fleet (engineering plus retrofitting plus The first factor, which increases one- losses from out-of-service time) would The FAA has tentatively determined time retrofitting compliance costs, is the have been $158.7 million. If the rule had the total cost to comply with this FAA’s assumption that some of the been issued on January 1, 2000, the SNPRM would be about $143 million existing solid-state recorders and $158.7 million would have been spent between 2004 and 2014, which has a existing FDAUs could be within 20 months or the airplanes present value of about $126.5 million. reprogrammed. However, the ATA, would have been grounded. The Of the $143 million, about $140 million Alaska, Aloha Airlines, Continental increased costs to manufacture future will be expended during the first 4 years Airlines, Southwest Airlines, and 737s from 2000 through 2019 would for engineering costs, retrofitting costs, United Airlines commented that have been $86 million. Finally, the and out-of-service costs, $2 million will retrofitting the FDR systems in the 737- increased annual costs of the additional be for increased fuel consumption, and ‘‘Classic’’ series requires purchasing fuel burn due to the increased weight of $0.7 million will be for additional FDR new recorders and new FDAUs; they the airplane and the additional system maintenance. There will be cannot be reprogrammed. Boeing, maintenance of the FDR system from minimal compliance costs for American, and Aloha Airlines reported 2000 through 2019 would have been production 737s because Boeing has that their 737-‘‘NG’’ series recorders and $10.3 million. been voluntarily installing the FDAUs could be reprogrammed. The In the Supplemental PRE, after capability to record the additional data FAA accepts both these positions. As a incorporating data from the comments required by the proposed rule since new recorder costs between $10,000 and and updating the fleet and unit cost August 2000. $15,000 more than a reprogrammed data, the FAA has determined that the recorder, and a new FDAU costs cost per 737 will be between $189,320 $30,000 more than a reprogrammed and $201,320 for a 737–200, between FDAU, the impact on the total $189,320 and $209,320 for a 737–300/ retrofitting cost is considerable.

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A second factor, which lowers then modify for their various FDR identical for each configuration within a compliance costs, is that 135 fewer 737s systems. The FAA accepts those 737 series, the FAA has tentatively will be retrofitted under the SNPRM comments and has adjusted its analysis determined that it will take half of the than would have been retrofitted under accordingly. engineering time for a commonality the originally proposed rule. In the NPRM, the FAA estimated that demonstration STC (125 hours) for a A third factor, which lowers airlines and repair stations would configuration STC. The FAA has compliance costs, is that the FAA redesign 40 FDR systems and it would calculated a per configuration cost of significantly reduces its estimated take 16 to 26 weeks and cost each FDR $16,125. Finally, the FAA has number of labor hours to retrofit FDR system holder $200,000 to complete the tentatively determined that 60 of these systems to record flight data parameters first FDR system redesign. As ‘‘configuration’’ STCs will be performed (a)(19) through (a)(22) in 737s with engineering data from one STC can be because most airlines’ fleets have fewer FDAUs. In the NPRM, the FAA used in other STCs, the FAA assumed configurations than the Aloha Airlines estimated it would take 400 hours while that after five such FAA approvals, an fleet. The FAA estimates a total cost of the FAA now estimates that it takes 100 STC holder could use commonality $967,500 for this engineering. hours. demonstrations to reduce this cost from Alaska also noted that two of the A final factor that lowers compliance $200,000 to $25,000 per STC. Thus, the sensors had not been developed for any costs is that the Supplemental PRE FAA estimated a total one-time cost of airplane and several other sensors had analysis contemplates that the flight $2.95 million for the initial engineering not been approved for use in many of data parameter retrofit will be redesign. the 737-‘‘Classic’’ airplanes. Thus, as performed when a 737 is retrofitted with Boeing indicated that the FAA well as the design STC approval, the a new rudder rather than within the 20 significantly underestimated the FAA would also need to issue Parts months originally proposed in the engineering hours required for each Manufacturing Authorizations (PMAs) NPRM. Since the publication of the individual engineering analysis. to the new sensors manufacturers. proposed rule, more 737s have been Although Boeing did not provide Alaska posited that although the retired, reducing those estimated costs. specific estimates in its comments, the vendors will incur most of these FAA has assessed the engineering Commenters’ Retrofit Cost Estimates development costs, these costs should analyses for the 737 series as a one-time be included in Boeing’s initial In the NPRM, the FAA used cost of $6.6 million, which consists of engineering costs because Boeing will retrofitting costs largely provided by the 30 engineering years. industry. In the comments to the NPRM In the NPRM, the FAA assumed that be the kit supplier. estimates, Aloha Airlines estimated a three engineers working full-time for In the NPRM, the FAA estimated the cost of $165,100 to $185,000 to retrofit four months (one engineer year) would total one-time engineering costs to its 737–200 Advanced airplanes that did be needed for an FDR system redesign modify the FDR system STCs and obtain not have a FDAU, $71,250 to $94,900 to STC approval, at a cost of $200,000 per FAA approval would have been $9.15 retrofit its 737–200 Advanced airplanes STC application. The FAA further million. The FAA now calculates the that have a FDAU, and $52,450 to estimated that 32 applications would be total costs to modify the FDR system $69,775 to retrofit its 737–700 airplanes. made for a one-time engineering cost of STCs and obtain FAA approvals are $15 American Airlines estimated a cost of $7.5 million. million. $47,250 plus lost revenue for 2+ days Aloha Airlines, Continental Airlines, Equipment and Labor Costs to Retrofit out-of-service for each of its 737–800 Southwest Airlines, United, and U.S. FDR Systems airplanes. Continental Airlines did not Airways commented that it would take report a total cost, but was in general from six months to one year after Boeing In the NPRM, the FAA estimated the agreement with the FAA estimates, if completes the initial engineering equipment and labor costs to retrofit the FAA adjusted its costs to recognize analysis for them to complete their FDR systems for compliance with the that existing recorders and FDAUs in design modifications and obtain FAA proposed rule would be $124.3 million. 737-‘‘Classic’’ airplanes cannot be approvals. They did not, however, Based on the comments and the revised reprogrammed and must be replaced. provide an estimate of their engineering fleet, the FAA has reduced the United Airlines estimated a total time or costs to complete these anticipated equipment and labor cost to retrofitting cost of $24,100,000 and for applications. In the Supplemental PRE, comply with the final rule, if adopted, its fleet of 158 737-‘‘Classics’’, for an the FAA estimates that 15 STC to $111.8 million. average airplane cost of $152,500. The applications will require one engineer In the NPRM, the FAA estimated that FAA has tentatively determined the year (at a cost of $250,000) to complete, 156 737s would have their recorders retrofitting cost of a 737-‘‘Classic’’ while 25 of the STCs will require 250 replaced, while the remaining 1,150 ranges from $142,000 to $189,000 while engineer hours (at a cost of $31,250) to 737s would have their recorders the retrofitting cost of a 737-‘‘NG’’ complete. On that basis, the calculated upgraded with additional memory. The ranges from $9,475 to $49,410. total STC engineering cost is $4.6 FAA estimated that: a new recorder million. would cost $25,000; upgrading the Time to Engineer New Designs for the Aloha Airlines stated the FAA memory of a recorder that records 18 Retrofitted FDR Systems underestimated the number of flight data parameters would cost In the NPRM, the FAA assumed that engineering analyses because each $10,000; upgrading the memory of a each STC holder would independently airplane ‘‘configuration’’ within a 737 recorder that records 22 flight data do all the engineering redesign. Boeing, series would need a separate parameters would cost $5,000; and the ATA, Alaska, Continental Airlines, engineering analysis. They commented upgrading the memory of a recorder that Southwest Airlines, and United Airlines that 13 of their 18 airplanes will need records more than 22 parameters would commented that such an approach a $200,000 analysis. The FAA agrees cost $1,900. would be inefficient and lead to that an adjustment in the cost ATA, Aloha Airlines, Continental duplication of effort. Industry expects calculations needs to be made for the Airlines, Southwest Airlines, and Boeing to do the initial engineering different configurations. However, United Airlines commented that all of work, which the STC holders would because much of the engineering is their 737-‘‘Classics’’ would have their

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recorders replaced because they cannot formerly terminated) is located aft, through (a)(22); (2) the costs to record be reprogrammed. while the new FDAU would be in the flight data parameters found in (a)(88) at Accepting and incorporating industry front. Relying on estimates from the greater ranges and increased comments, and with the increased Southwest Airlines and United, the sampling rates; and (3) the costs to numbers of retirements, the FAA has FAA estimated that retrofitting a FDAU record flight data parameters (a)(89) tentatively determined that 605 737s would take 200 labor hours, which through (a)(91). That division is will need their recorders replaced and includes the associated labor hours to continued in this analysis. 279 737s will need their recorders rewire the existing FDR system. Aloha In the NPRM, the FAA estimated the reprogrammed by 2008. Airlines submitted the only specific costs of the sensors and wiring for a 737 Finally, Continental Airlines reported comment on this issue and it agreed FDR system to record parameters (a)(19) new recorder costs of $13,000 while with the FAA estimate. Thus, the FAA through (a)(22) were $20,000. The only Aloha Airlines reported a recorder cost continues to assume 200 labor hours to specific comment received on this of $25,000. In the Supplemental PRE, retrofit a FDAU. estimate was from Aloha Airlines, the FAA has assessed a cost of $20,000 In the NPRM, the FAA estimated that which agreed with the estimate. As a per recorder, the average of these two it would take 48 hours for a FDAU on result, the FAA uses this value in the estimates and estimates provided by a 737-‘‘Classic’’ airplane and 40 hours Supplemental PRE. avionics manufacturers. for a FDAU on a 737-‘‘NG’’ airplane to In the NPRM, the FAA estimated that In the NPRM, the FAA estimated that be removed, shipped to the the installation of the sensors and installing a new recorder would require manufacturer, reprogrammed, wiring to record flight data parameters 32 labor hours to remove the old reinstalled, and tested. Three airlines (a)(19) through (a)(22) would take 200 recorder and to install and test a new filed comments on these estimates. labor hours for a 737–200, a 737–200 recorder. Upgrading an FDR would Aloha Airlines reported that it will take Advanced, or a 737–400 airplane. It require 16 labor hours to remove, the same number of labor hours (200) to would take 400 labor hours for a 737– reprogram, reinstall, and test. The FAA replace an existing FDAU as it will to 300 or a 737–500 series airplane. received no comments on this estimate retrofit a FDAU in an FDR system that Boeing commented that the FAA and uses it in the Supplemental PRE. did not previously have one. The FAA misclassified the labor costs for the 737– In the NPRM, the FAA estimated the disagrees. The effort to retrofit a FDAU 400 because the avionics in that series cost of replaced or upgraded recorders is greater than the effort to install one are essentially the same as the avionics would be $17.2 million. Based on the in an airplane that did not have it. in the 737–300 and 737–500 series increased recorder cost estimate and the Continental Airlines estimated a cost of airplanes. These airplanes employ fewer retrofitted 737s, the FAA now $71,500 for the equipment and labor ARINC 700 systems, while the 737–200 calculates that the total cost of replaced costs to replace a FDAU. However, that and 737–200 Advanced are, basically, or upgraded recorders in this is $14.6 estimate also included the cost to record ‘‘all analog’’ airplanes. Boeing million, which has a present value of the additional flight data parameters contended the labor time (and cost) to $12.8 million. and the increased sampling rate for rewire a 737–400 airplane is similar to In the NPRM, the FAA estimated that flight data parameter (a)(88). United the labor hours (and costs) for a 737–300 a FDAU would be retrofitted into 496 Airlines similarly estimated a total labor or a 737–500 airplane. The FAA accepts 737s that did not have one, while the cost of $33,000 for the entire retrofit. Boeing’s comment and has assigned the existing FDAUs in 810 737s would be The numbers submitted by Continental same number of labor hours for all the reprogrammed. The same commenters Airlines and United Airlines do not 737–300/400/500 airplanes. who addressed the issue of the recorder allow the FAA to distinguish the As Aloha Airlines uses the same 200 all agreed that, whereas the FDAUs in number of labor hours to replace a labor hour estimate for its 737–200 their 737-‘‘NGs’’ can be reprogrammed, FDAU from the total labor hours for the retrofits, the FAA continues to use the every FDAU in their 737-‘‘Classics’’ retrofit. After reviewing the comments, 200 labor hours in the NPRM to retrofit would have to be replaced—those units the FAA has increased the estimated 737–200s in the Supplemental PRE. cannot be reprogrammed. The FAA number of labor hours to replace a 737- Boeing noted that there are minor agrees with these comments. In the ‘‘Classic’s’’ FDAU from 48 hours to 80 differences in the amount of wiring Supplemental PRE, the FAA has hours and reduced the number of labor among all of its 737- ‘‘Classics’’. The tentatively determined that by 2004 hours from 40 hours to 20 hours for a FAA agrees and has revised its estimate operators of 198 737–200s will have 737-‘‘NG’s’’ FDAU. for the 737–300/400/500 series retrofit introduced FDAUs into their airplanes; Accordingly, the FAA calculates that to record flight data parameters from that operators of 407 737–300/400/500s the labor costs to install a FDAU in an 400 labor hours to 200 labor hours. with a FDAU will have installed new FDR system that did not have one is Thus, the FAA calculates the sensor and FDAUs in their airplanes; and that $17,000; the labor costs to replace a labor cost to record flight data operators of 279 737–700/800/900s will FDAU is $6,800; and the labor costs to parameters (a)(19) through (a)(22) of have reprogrammed their existing install a reprogrammed FDAU is $1,700. $17,000 for a 737-‘‘Classic’’. The total FDAUs. In the NPRM, the FAA estimated the anticipated cost to record flight data Continental Airlines and Aloha total FDAU equipment and labor costs parameters (a)(19) through (a)(22) is Airlines reported a $50,000 cost for a to retrofit FDAUs would be $37.6 $37,000. Boeing also commented that new FDAU and a cost to reprogram a million. In the Supplemental PRE, the the FAA had not specifically estimated FDAU of between $7,500 and $10,000. FAA calculates the total equipment and the costs for the individual sensors and In the Supplemental PRE, the FAA uses a labor cost to retrofit FDAUs at $40.9 other equipment required to record a cost of $50,000 for a new FDAU and million, which has a present value of flight data parameters (a)(19) through an average of the two estimates ($8,750) $35.8 million. (a)(22). The FAA agrees; however, the as the cost to reprogram a FDAU. In the NPRM, the FAA divided the FAA notes that the airline cost estimates In the NPRM, the FAA noted that equipment and labor costs for the were not provided on an individual retrofitting a 737 with a FDAU would additional wiring for adding the sensors sensor basis. Consequently, the FAA require rerouting the FDR system wiring into three components: (1) The costs to could not establish individual sensor because the recorder (where the wires record flight data parameters (a)(19) cost estimates.

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In the NPRM, the FAA used $23,300 for a 737-‘‘Classic’’ and $14,800 In the NPRM, the FAA did not preliminary industry estimates that it in a 737-‘‘NG’’. The cost to install consider (and did not estimate) any cost would cost $12,000 to add the necessary reprogrammed sensors in a 737-‘‘NG’’ is for reprogramming the flight control sensors and wiring to record flight data $3,400. computers (FCCs). Boeing and American parameter (a)(88) in a 737 FDR system Aloha Airlines and American Airlines Airlines commented that recording the that does not currently record it or that provided sensor costs or the number of additional flight data parameters would does not record it at the proposed range. labor hours to retrofit FDR systems to require reprogramming the FCCs. American Airlines commented that it record flight data parameters (a)(89), Boeing provided no cost estimates for will cost $8,000 for the sensors to record (a)(90), and (a)(91). The American FCC reprogramming, but American this flight data parameter at the Airlines comment provided aggregated Airlines reported that it will cost $5,000 proposed range. The FAA accepts the data and the FAA could not disaggregate per FCC to reprogram the 2 FCCs (for a American Airlines estimate and has some of their costs. Aloha Airlines total cost of $10,000 per airplane). The assumed a cost of $8,000. reported a total wiring and sensor cost FAA accepts the American Airlines In the NPRM, the FAA assumed that of $12,000 to record flight data estimate and applies it to all 737s. The it would cost $12,000 to replace all parameters (a)(88) through (a)(91). The FAA now calculates a total cost to sensors currently recording flight data FAA agrees with this estimate. As the reprogram the FCCs of $8.8 million, parameter (a)(88) in order to comply FAA has also determined that the which has a present value of $7.7 with the higher sampling rate wiring and sensor cost to retrofit flight million. requirement. Boeing, however, reported data parameter (a)(88) is approximately In the NPRM, the FAA estimated that that the existing sensors can be $8,000, the FAA concludes that the the equipment and labor costs to retrofit reprogrammed to transmit information wiring and sensor costs to retrofit flight the existing 737 fleet were $17.2 million at the increased sampling rate. The FAA data parameters (a)(89) through (a)(91) for recorders, $37.7 million for FDAUs, agrees with Boeing and has tentatively should be approximately $4,000. and $69.4 million for wiring and determined there will be no sensor costs As noted, the FAA has determined sensors, for a total cost of $124.3 to comply with the higher sampling that half of the labor time reported by million. In the Supplemental PRE, the rates for flight data parameter (a)(88). Aloha Airlines is to install flight data FAA calculates that the equipment and In the NPRM, the FAA estimated that parameter (a)(88) and half the time is to labor costs to retrofit the existing 737 it would take 160 labor hours to install install flight data parameters (a)(89), fleet are $14.7 million for recorders, the sensors in a 737-‘‘Classic’’ FDR (a)(90), and (a)(91). Thus, the FAA $40.9 million for FDAUs, $47.2 million system that was either not recording calculates that 180 labor hours (at a cost for wiring and sensors, and $8.8 million flight data parameter (a)(88) or not of $15,300) will be required to install for FCCs, for a total cost of $111.6 recording it at the proposed range. flight data parameters (a)(89), (a)(90), million, which has a present value of Aloha Airlines reported a total of 360 and (a)(91) in a 737-‘‘Classic’’. The FAA $92.6 million. labor hours to record flight data has also assumed that 80 labor hours (at parameters (a)(88) through (a)(91). As a cost of $6,800) will be required to Total One-Time FDR System Retrofitting three of the six flight data parameters to install flight data parameters (a)(89), Costs be recorded are found in (a)(88), the (a)(90), and (a)(91) in a 737-‘‘NG’’. The In the NPRM, the FAA estimated the FAA has assumed that half of the labor FAA calculates that the retrofitting costs total one-time compliance costs and hours reported by Aloha Airlines (180) to record flight data parameters (a)(89), losses from out-of-service time would hours will be used to install flight data (a)(90), and (a)(91) is $27,300 for a 737- have been $149.6 million. Based on the parameter (a)(88) for a labor cost of ‘‘Classic’’ and $10,800 for a 737-‘‘NG’’. comments and updated data, the FAA $15,300 per airplane. In the NPRM, the FAA estimated the now calculates that the total one-time In the NPRM, the FAA estimated that total retrofitting sensor and wiring costs compliance costs and losses from out-of- it would take 160 labor hours to replace to have been: $84,000 for a 737–200 or service time would be $125.2 million, the sensor in a 737–‘‘NG’’ that was a 737–400 airplane without a FDAU; which has a present value of $109.5 recording flight data parameter (a)(88) at $100,000 for a 737–300 or a 737–500 million. the lower sampling rate. The FAA airplane without a FDAU; $49,000 for believes that it takes fewer labor hours an older 737 airplane with a FDAU; and Annual Costs Resulting From to reprogram the sensor to record flight $24,000 and for a newer 737 airplane Retrofitting 737 FDR Systems data parameter (a)(88) than it will take with a FDAU. The Supplemental PRE also to introduce new sensors and wiring In the Supplemental PRE, the FAA contemplates annual compliance costs into a FDR system that had not estimates that the retrofitting sensor and from: (1) Additional airplane weight due previously recorded it. In the wiring costs, per 737, are: $89,600 for a to retrofitted FDR system; and (2) Supplemental PRE, the FAA has 737-‘‘Classic’’ that records 18 flight data additional maintenance costs to tentatively determined that it will take parameters; $52,600 for a 737-‘‘Classic’’ annually validate the FDAU. 80 labor hours (at a cost of $6,800) to that records 22 flight data parameters; In the NPRM, the FAA estimated that install new sensors for flight data $25,600 for a 737-‘‘NG’’ manufactured the proposed rule would add 40 pounds parameter (a)(88). before August 2000: and $10,800 for a to a 737 that does not have a FDAU and Boeing did not provide a labor hour 737-‘‘NG’’ manufactured after August records 18 flight data parameters and estimate to install reprogrammed 2000. add 10 pounds to a 737 that has a FDAU sensors to record at the higher sampling In the NPRM, the FAA estimated that and records at least 22 flight data rate. In the Supplemental PRE, the FAA the total sensor and wiring costs to parameters. In calculating the estimated estimates that it takes one-half (40) retrofit all 737 FDR systems by the additional fuel cost, the FAA assumed hours to reprogram the sensors than it compliance date would be $69 million. a per-airplane average of 2,750 flight does to install new sensors at a labor The FAA now calculates that the total hours per year, a price of $0.61 per cost of $3,400 per airplane. sensor and wiring costs to retrofit all gallon of aviation fuel, and 0.23 The FAA also estimates that the 737 FDR systems by the compliance additional gallons consumed per retrofit costs to install new sensors to date is $48 million, which has a present additional pound per flight hour. These record flight data parameter (a)(88) are value of $42 million. assumptions resulted in per-airplane

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annual costs of $400 for a 737 that adds on all its 737s since August 2000, analyze the recording requirements. The 40 pounds and $100 for a 737 that adds indicating that the SNPRM would primary benefits attributable to this 10 pounds. On that basis, the FAA impose no compliance costs on proposed rule do not accrue to the 737 estimated the total cost from the production 737s. that would have an accident, but, rather, increased fuel consumption during 2001 to every other 737 that would not have Benefit-Cost Comments and 2020 would have been $6.1 million, a similar accident because engineering which has a present value of $3.6 In the NPRM, the FAA estimated that or operational changes that would million. There were no comments on the expected present value of the prevent such future accidents would be this estimate. benefits ($156 million) would have been developed from the flight data recorded In the Supplemental PRE, the less than the present value of the from the accident or incident. The FAA underlying NPRM methodology is quantifiable total compliance costs is not able to correlate the potential maintained but certain parameters are ($214 million). However, the FAA noted probability of such an accident to the updated (from 2,750 to 3,360 flight there is considerable uncertainty about age of a 737. Accordingly, in any year, hours per year and from $0.61 to $0.75 the potential number of future the FAA assumes that all 737s face an per gallon cost of aviation fuel). accidents. As a result, the FAA equal probability that an accident may However, the FAA has revised the concluded that it was in general occur to any one of them. If some 737s weight added by the retrofitted sensors agreement with the NTSB were exempted from the rule and if an and wiring for 737–300/400/500s from recommendations that this information uncontrolled rudder movement accident 10 pounds to 20 pounds. On that basis, is needed. were to happen to one of those the FAA now calculates that adding 40 Boeing disagreed with an aggregated exempted airplanes, then no such future pounds to a 737 would increase its benefit-cost approach and commented accident would be prevented for the 737 annual fuel costs by $584, adding 20 that an appropriate analysis should be fleet because the necessary flight data pounds would increase its annual fuel based on an individual provision-by- would not have been recorded and no costs by $292, and adding 10 pounds provision (or, in this case, flight data appropriate engineering or operational would increase its annual fuel costs by parameter by flight data parameter) changes could have been made. $146. These revised calculations result evaluation. In principle, the FAA agrees However, in recognition of the potential in a total fuel cost increase of $2 million with the Boeing comment. However, the economic impact, the FAA agrees with between 2005–2014, which has a FAA has no data that can support a Boeing’s suggestion that it is appropriate present value of $1.4 million. parameter-by-parameter cost to limit the applicability of this rule to In the NPRM, the FAA estimated that calculation. All of the submitted not include those 737s that have a the incremental annual inspection and retrofitting cost data were block costs in limited remaining service life. Thus, validation of a FDAU would cost $750. which no individual flight data this proposed rule would apply only to On that basis, the FAA estimated the parameter costs were provided. In 737s that would be in service 4 years total cost from the increased practice, such a detailed benefits after the promulgation of the final rule. maintenance during 2001 and 2020 analysis presupposes the existence of an would have been $4.2 million, which objective probability function based on Regulatory Flexibility Determination has a present value of $2.7 million. As an engineering analysis for each flight The Regulatory Flexibility Act of there were no comments on this data parameter of the potential for the 19805 U.S.C. 601–612, directs the FAA estimate, the FAA has decided to retain additional information to lead accident to fit regulatory requirements to the it. Based on the number of 737s that investigators to the cause of an accident. scale of the businesses, organizations, would have had FDAUs introduced into It is precisely because engineering and governmental jurisdictions subject the airplane and on the number that analyses have been unable to determine to the regulation. The FAA is required would have been retired between 2005 the causes of these accidents that such to determine whether a proposed or to 2014, the FAA calculates a total individual probabilities cannot be final action will have a ‘‘significant maintenance cost increase of $700,000, determined. At best, current engineering economic impact on a substantial which has a present value of $535,000. analyses have established that one of number of small entities’’ as defined in In the NPRM, the FAA estimated that this group of several flight data the ACT. If the FAA finds that the the increased annual operational and parameters, if recorded, may help to action will have a significant impact, maintenance costs between 2001 and determine the causes of future the FAA must perform a ‘‘regulatory 2020 would have been $10.3 million, accidents. As a result, the FAA has flexibility analysis.’’ However, if an which has a present value of $6.3 decided against reevaluating its benefit- agency determines that a proposed or million. In the Supplemental PRE, the cost analysis in the Supplemental PRE final rule is not expected to have a FAA calculates that the increased based on the individual flight data significant economic impact on a annual operational and maintenance parameters. substantial number of small entities, costs between 2005 and 2014 are $2.7 Finally, Boeing commented that the section 605(b) of the Act provides that million, which has a present value of FAA should analyze the proposed rule the head of the agency may so certify, $1.9 million. for individual airplanes based on their and a regulatory flexibility analysis is expected remaining service life with a not required. The certification must Compliance Costs for Production 737s possible view of exempting older 737s. include a statement providing the In the NPRM, the FAA estimated a The justification is that the potential factual basis for this determination, and total cost for 737s manufactured benefits to any individual 737 airplane the reasoning should be clear. between 2000 and 2020 of $86 million, would be lower the shorter its In the NPRM, the FAA prepared a which has a present value of $40.4 remaining service life while the costs Preliminary Regulatory Flexibility million, to install the equipment to would not be similarly reduced. Analysis because the proposed rule record proposed flight data parameters Although the FAA agrees that, for an might have had a significant economic (a)(89), (a)(90), and (a)(91). As individual 737, the incremental benefits impact upon a substantial number of previously discussed, the Supplemental received from a dollar of cost are lower small entities. The FAA had concluded, PRE has taken into account Boeing’s for older airplanes, the FAA disagrees after that preliminary analysis, that the voluntary installation of this equipment that this is an appropriate framework to proposed rule may not have met that

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criterion, but it reported its analysis and other things, to curb the practice of IX. Environmental Analysis requested public comments. The FAA imposing unfunded Federal mandates FAA Order 1050.1E identifies FAA received no comments about the on State, local, and tribal governments actions that are categorically excluded Preliminary Regulatory Flexibility or on the private sector. from preparation of an environmental Analysis. Section 202(a) (2 U.S.C. 1532) of Title assessment or environmental impact However, subsequent to publication II of the Act requires that each Federal statement under the National of the NPRM, the Office of Advocacy of agency, to the extent permitted by law, Environmental Policy Act in the the Small Business Administration prepare a written statement assessing absence of extraordinary circumstances. published new guidelines that defined a the effects of any Federal mandate in a The FAA has determined this small airline as one that has fewer than proposed or final agency rule that may rulemaking action qualifies for the 1,500 employees. In 2003, the FAA result in the expenditure by State, local, categorical exclusion identified in performed a new Regulatory Flexibility and tribal governments, in the aggregate, paragraph 312d and involves no Analysis for this SNPRM. In that or by the private sector, of $100 million extraordinary circumstances. analysis, of the 20 airlines that would be or more (adjusted annually for inflation) affected by the SNPRM, 12 have fewer in any one year; such a mandate is X. Regulations That Significantly Affect than 1,500 employees and are small deemed to be a ‘‘significant regulatory Energy Supply, Distribution, or Use entities. Of these 12 airlines, one had a action.’’ The FAA currently uses an The FAA has analyzed this SNPRM positive net operating income, seven inflation-adjusted value of $128.1 under Executive Order 13211, Actions had negative net operating income, and million in lieu of $100 million. Section Concerning Regulations that net operating income data were not 203(a) of the Act (2 U.S.C. 1533) Significantly Affect Energy Supply, available for four airlines. Twelve provides that before establishing any Distribution, or Use (May 18, 2001). We airlines is a substantial number of regulatory requirements that might have determined that it is not a airlines and the cost per airplane is significantly or uniquely affect small ‘‘significant energy action’’ under the significant—particularly when the governments, an agency shall have executive order because it is not a airline has negative net operating developed a plan under which the ‘‘significant regulatory action’’ under income. agency shall: Executive Order 12866, and it is not Therefore, based on that information (1) Provide notice of the requirements likely to have a significant adverse effect available at that time and the definition to potentially affected small on the supply, distribution, or use of of a small business, the FAA governments, if any; energy. Administrator has determined that the (2) Enable officials of affected small proposed rule could have a significant governments to provide meaningful and List of Subjects economic effect on a substantial number timely input in the development of 14 CFR Part 91 of small entities. Under the new regulatory proposals containing definition, our preliminary conclusion Aircraft, Aviation safety, Reporting significant Federal intergovernmental is that it will have a significant and recordkeeping requirements. mandates; and, economic impact. 14 CFR Part 121 This determination is explained in (3) Inform, educate, and advise small more detail in the Regulatory Flexibility governments on compliance with the Air carriers, Aircraft, Aviation safety, Section of the Supplemental PRE. requirements. Reporting and recordkeeping However, since the results of that With respect to (2), Section 204(a) of requirements, Safety, Transportation. the Act (2 U.S.C. 1534) requires the evaluation are based on data that are not 14 CFR Part 125 current, we are requesting that affected Federal agency to develop an effective operators provide us with more current process to permit elected officers of Aircraft, Aviation safety, Reporting data to be used to update the Regulatory State, local, and tribal governments (or and recordkeeping requirements. their designees) to provide the input Flexibility Evaluation before any final The Amendment rule is issued. described. This rulemaking does not contain a In consideration of the foregoing, the Trade Impact Assessment significant Federal intergovernmental or Federal Aviation Administration The Trade Agreement Act of 1979 private sector mandate because the proposes amending Chapter I of Title prohibits Federal agencies from compliance costs to the private sector 14, Code of Federal Regulations as establishing any standards or engaging would be about $48 million in each of follows: in related activities that create the years 2005, 2006, and 2007, and no PART 91—GENERAL OPERATING AND unnecessary obstacles to the foreign more than $3 million in any following FLIGHT RULES commerce of the United States. year. Therefore, the requirements of Legitimate domestic objectives, such as Title II do not apply. 1. The authority citation for part 91 safety, are not considered unnecessary Executive Order 13132, Federalism continues to read as follows: obstacles. The statute also requires The FAA has analyzed this Authority: 49 U.S.C. 106(g), 1155, 40103, consideration of international standards 40113, 40120, 44101, 44111, 44701, 44709, and, where appropriate, that they be the rulemaking under the principles and 44711, 44712, 44715, 44716, 44717, 44722, basis for U.S. standards. The FAA has criteria of Executive Order 13132, 46306, 46315, 46316, 46504, 46506–46507, assessed the potential effect of this Federalism. We determined that this 47122, 47508, 47528–47531, articles 12 and rulemaking and determined that it action will not have a substantial direct 29 of the Convention on International Civil would have only a domestic impact and, effect on the States, or the relationship Aviation (61 stat. 1180). therefore, no affect on any trade- between the national Government and 2. Amend § 91.609 by adding a new sensitive activity. the States, or on the distribution of paragraph (h) as follows: power and responsibilities among the Unfunded Mandates Assessment various levels of government, and § 91.609 Flight recorders and cockpit The Unfunded Mandates Reform Act therefore does not have federalism voice recorders. of 1995 (the Act) is intended, among implications. * * * * *

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(h) An aircraft operated under this (4) In addition to the requirements of (2) In addition to the requirements of part under deviation authority from part paragraphs (b)(1) through (b)(3) of this paragraphs (f)(1) of this section, all 125 of this chapter must comply with all section, all Boeing 737 model airplanes Boeing 737 model airplanes must also of the applicable flight data recorder must comply with the requirements of comply with the requirements of requirements of part 125 applicable to paragraph (m) of this section, as paragraph (m) of this section. the aircraft, notwithstanding such applicable. * * * * * deviation authority. (c) * * * (4) In addition to the requirements of (m) In addition to all other applicable PART 121—OPERATING paragraphs (c)(1) through (c)(3) of this requirements of this section, all Boeing REQUIREMENTS: DOMESTIC, FLAG, section, all Boeing 737 model airplanes 737 model airplanes must record the AND SUPPLEMENTAL OPERATIONS must comply with the requirements of parameters listed in paragraph (a)(1) paragraph (m) of this section, as through (a)(22) and (a)(88) through 3. The authority citation for part 121 applicable. (a)(91) of this section within the ranges, continues to read as follows: (d) * * * accuracies, resolutions, and recording Authority: 49 U.S.C. 106(g), 40113, 40119, (3) In addition to the requirements of intervals specified in Appendix M to 41706, 44101, 44701–44702, 44705, 44709– paragraphs (d)(1) and (d)(2) of this this part. The approved recorder and all 44711, 44713, 44716–44717, 44722, 44901, section, all Boeing 737 model airplanes equipment necessary to record the 44903–44904, 44912, 45101–45105, 46105, also must comply with the requirements parameters required by this paragraph 46301. of paragraph (m) of this section, as must be installed no later than the 4. Amend § 121.344 by removing the applicable. installation of the redesigned rudder (e) * * * word ‘‘and’’ after paragraph (a)(87); by system required by one or more (3) In addition to the requirements of Airworthiness Directives issued under removing the period after paragraph paragraphs (e)(1) and (e)(2) of this (a)(88) and adding a semicolon in its part 39 of this chapter. The single- section, all Boeing 737 model airplanes, source recording provisions of place; by adding new paragraphs (a)(89), also must comply with the requirements (90) and (91), (b)(4), (c)(4), (d)(3), (e)(3) paragraphs (b)(1)(ii), (c)(1), and (d)(1) of of paragraph (m) of this section, as this section may be used for airplanes and (m); and by revising paragraph (f) to applicable. otherwise subject to those paragraphs. read as follows: (f) For all turbine-engine-powered § 121.344 Digital flight data recorders for transport category airplanes 5. Amend Appendix M to part 121 by transport category airplanes. manufactured after August 19, 2002— revising item 88 and adding items 89 (1) The parameters listed in through 91 to read as follows: (a) * * * paragraphs (a)(1) through (a)(88) of this Appendix M to Part 121—Airplane (89) Yaw damper status; section must be recorded within the Flight Recorder Specifications— (90) Yaw damper command; and ranges, accuracies, resolutions, and Continued (91) Standby rudder valve status. recording intervals specified in (b) * * * appendix M to this part. * * * * *

Seconds per Parameter Range Accuracy sampling Resolution Remarks (sensor input) interval

88. All cockpit flight Full range ...... ±5% ...... 1 0.2% of full range...... For fly-by-wire flight control systems, control input Control wheel ±70 where flight control surface position forces (control lbs. is a function of the control input de- wheel, control Control column ±85 vice only, it is not necessary to column, rudder lbs. record this parameter. For airplanes pedal).18 19 Rudder pedal ±165 that have a flight control break away lbs. capability that allows either pilot to operate the control independently, record both control force inputs. The control force inputs may be sampled alternately once per 2 seconds to produce the sampling interval of 1. 89. Yaw damper Discrete (on/off) ...... 0.5 status. 90. Yaw damper Full range ...... As installed ...... 0.5 1% of full range. command. 91. Standby rudder Discrete ...... 0.5 valve status. 18 For all 737 model airplanes: the seconds per sampling interval is 0.5 per control input; the remarks regarding the sampling rate do not apply; a single control wheel force transducer installed on the left cable control is acceptable provided the left and right control wheel positions also are recorded. 19 For all 737 model airplanes manufactured on or before January 31, 2001, Range values are: Full Range; Control wheel ±15 lbs.; Control col- umn ±40 lbs.; and Rudder pedal ±165 lbs.

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PART 125—CERTIFICATION AND (b) * * * (2) In addition to the requirements of OPERATIONS: AIRPLANES HAVING A (4) In addition to the requirements of paragraph (f)(1) of this section, all SEATING CAPACITY OF 20 OR MORE paragraphs (b)(1) through (b)(3) of this Boeing 737 model airplanes must also PASSENGERS OR A MAXIMUM section, all Boeing 737 model airplanes comply with the requirements of PAYLOAD CAPACITY OF 6,000 also must comply with the requirements paragraph (m) of this section. of paragraph (m) of this section. POUNDS OR MORE * * * * * (c) * * * 6. The authority citation for part 125 (4) In addition to the requirements of (m) In addition to all other applicable continues to read as follows: paragraphs (c)(1) through (c)(3) of this requirements of this section, all Boeing Authority: 49 U.S.C. 106(g), 40113, 44701– section, all Boeing 737 model airplanes 737 model airplanes must record the 44702, 44705, 44710–44711, 44713, 44716– must comply with the requirements of parameters listed in paragraph (a)(1) 44717, 44722. paragraph (m) of this section, as through (a)(22) and (a)(88) through 7. Amend § 125.3 by adding a new applicable. (a)(91) of this section within the ranges, paragraph (d) to read as follows: (d) * * * accuracies, resolutions, and recording (3) In addition to the requirements of intervals specified in Appendix E to this § 125.3 Deviation authority. paragraphs (d)(1) and (d)(2) of this part. The approved recorder and all * * * * * section, all Boeing 737 model airplanes equipment necessary to record the (d) No deviation authority from the also must comply with the requirements parameters required by this paragraph flight data recorder requirements of this of paragraph (m) of this section, as must be installed no later than the part will be granted. Any previously applicable. installation of the redesigned rudder issued deviation from the flight data (e) * * * recorder requirements of this part is no system required by one or more (3) In addition to the requirements of Airworthiness Directives issued under longer valid. paragraphs (e)(1) and (e)(2) of this 8. Amend § 125.226 by removing the part 39 of this chapter. The single- section, all Boeing 737 model airplanes, source recording provisions of word ‘‘and’’ after paragraph (a)(87); by also must comply with the requirements removing the period after paragraph paragraphs (b)(1)(ii), (c)(1), and (d)(1) of of paragraph (m) of this section, as this section may be used for airplanes (a)(88) and adding a semicolon in its applicable. otherwise subject to those paragraphs. place; by adding new paragraphs (a)(89), (f) For all turbine-engine-powered (90), and (91), (b)(4), (d)(3), (e)(3), and transport category airplanes 9. Amend Appendix E to part 125 by (m); and by revising paragraph (f) to manufactured after August 19, 2002— revising item 88, and adding items 89 read as follows: (1) The parameters listed in through 91 to read as follows: paragraphs (a)(1) through (a)(88) of this § 125.226 Digital flight data recorders. Appendix E to Part 125—Airplane section must be recorded within the (a) * * * Flight Recorder Specifications— ranges, accuracies, resolutions and (89) Yaw damper status; Continued (90) Yaw damper command; and recording intervals specified in (91) Standby rudder valve status. appendix E to this part. * * * * *

Seconds per Parameter Range Accuracy sampling Resolution Remarks (sensor input) interval

88. All cockpit flight Full range ...... ±5% ...... 1 0.2% of full range...... For fly-by-wire flight control systems, control input Control wheel ±70 where flight control surface position forces (control lbs. is a function of the displacement of wheel, control Control column ±85 the control input device only, it is not column, rudder lbs. necessary to record this parameter. pedal).18 19 Rudder pedal ±65 For airplanes that have a flight con- lbs. trol break away capability that allows either pilot to operate the control independently, record both control force inputs. The control force inputs may be sampled alternately once per 2 seconds to produce the sampling interval of 1. 89. Yaw damper Discrete (on/off) ...... 0.5 status. 90. Yaw damper Full range ...... As installed ...... 0.5 1% of full range. command. 91. Standby rudder Discrete ...... 0.5 valve status. 18 For all 737 model airplanes: the seconds per sampling interval is 0.5 per control input; the remarks regarding the sampling rate do not apply; a single control wheel force transducer installed on the left cable control is acceptable provided the left and right control wheel positions also are recorded. 19 For all 737 model airplanes manufactured on or before January 31, 2001, Range values are: Full Range; Control wheel ±15 lbs.; Control col- umn ±40 lbs.; and Rudder pedal ±165 lbs.

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* * * * * Issued in Washington, DC, on August 25, 2006. John J. Hickey, Director, Aircraft Certification Service. [FR Doc. 06–7406 Filed 9–1–06 8:45 am] BILLING CODE 4910–13–P

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Reader Aids Federal Register Vol. 71, No. 171 Tuesday, September 5, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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. 19 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 101...... 52288 The United States Government Manual 741–6000 8044...... 52281 8045...... 52283 Other Services 21 CFR Administrative Orders: 520...... 51995 Electronic and on-line services (voice) 741–6020 Presidential 522...... 51995 Privacy Act Compilation 741–6064 Determinations: Public Laws Update Service (numbers, dates, etc.) 741–6043 No. 2006-19 of August 1308...... 51996 TTY for the deaf-and-hard-of-hearing 741–6086 17, 2006 ...... 51973 No. 2006-21 of August 28 CFR 21, 2006 ...... 51975 ELECTRONIC RESEARCH Proposed Rules: 20...... 52302 World Wide Web 6 CFR 29...... 52262 Full text of the daily Federal Register, CFR and other publications 29 CFR is located at: http://www.gpoaccess.gov/nara/index.html 7 CFR 2700...... 52211 Federal Register information and research tools, including Public 6...... 51977 Inspection List, indexes, and links to GPO Access are located at: 916...... 51982 http://www.archives. gov/federallregister 917...... 51982 38 CFR E-mail 983...... 51985 3...... 52290 1219...... 52285 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: an open e-mail service that provides subscribers with a digital 246...... 52209 40 CFR form of the Federal Register Table of Contents. The digital form 457...... 52013 180...... 51998, 52003 of the Federal Register Table of Contents includes HTML and PDF links to the full text of each document. 11 CFR 42 CFR To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 100...... 52295 Proposed Rules: (or change settings); then follow the instructions. 422...... 52014 13 CFR PENS (Public Law Electronic Notification Service) is an e-mail service that notifies subscribers of recently enacted laws. Proposed Rules: 43 CFR 120...... 52296 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 4100...... 52012 and select Join or leave the list (or change settings); then follow 14 CFR the instructions. 21...... 52250 49 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 39...... 51988, 51990 respond to specific inquiries. 71...... 51993 544...... 52291 Proposed Rules: Reference questions. Send questions and comments about the 91...... 52250, 52287 171...... 52017 Federal Register system to: [email protected] 121...... 52287 125...... 52287 172...... 52017 The Federal Register staff cannot interpret specific documents or 135...... 52287 173...... 52017 regulations. Proposed Rules: 174...... 52017 39...... 52300 178...... 52017 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 91...... 52382 579...... 52040 121...... 52382 51973–52284...... 1 125...... 52382 52285–52402...... 5 50 CFR 17 CFR Proposed Rules: Proposed Rules: 16...... 52305 4...... 52211 660...... 52051

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REMINDERS HOMELAND SECURITY Uniform Federal Assistance Pesticide programs: The items in this list were DEPARTMENT regulations; technical Plant incorporated editorially compiled as an aid Coast Guard amendments; comments protectorants; procedures to Federal Register users. Drawbridge operations: due by 9-11-06; published and requirements— 7-13-06 [FR 06-06185] Inclusion or exclusion from New York; published 8-21- Bacillus thuringiensis this list has no legal 06 COMMERCE DEPARTMENT Cry1A.105 protein and significance. HOMELAND SECURITY Foreign-Trade Zones Board genetic material DEPARTMENT Applications, hearings, necessary for determinations, etc.: production in corn; RULES GOING INTO Transportation Security Georgia tolerance requirement EFFECT SEPTEMBER 5, Administration exemption; comments 2006 Privacy Act; implementation; Eastman Kodak Co.; x-ray due by 9-15-06; published 8-4-06 film, color paper, digital published 7-17-06 [FR media, inkjet paper, TRANSPORTATION E6-11245] AGRICULTURE entertainment imaging, DEPARTMENT DEPARTMENT and health imaging; Bacillus thuringiensis Agricultural Marketing Federal Aviation Open for comments Cry2Ab2 protein and Service Administration until further notice; genetic material necessary for Nectarines and peaches Airworthiness directives: published 7-25-06 [FR production in corn; grown in California; Aerospatiale; published 8- E6-11873] tolerance requirement published 9-1-06 21-06 COMMERCE DEPARTMENT exemption; comments Boeing; published 7-31-06 Pistachios grown in California; National Oceanic and due by 9-15-06; published 9-1-06 Fokker; published 7-31-06 Atmospheric Administration published 7-17-06 [FR AGRICULTURE General Electric Co.; Fishery conservation and E6-11249] DEPARTMENT published 8-18-06 management: Pesticides; tolerances in food, Farm Service Agency McDonnell Douglas; Magnuson-Stevens Act animal feeds, and raw Loan and purchase programs: published 7-31-06 provisions— agricultural commodities: Preferred Lender Program Raytheon; published 7-31-06 Bering Sea and Aleutian Bentazon, etc.; comments leaders; status and VETERANS AFFAIRS Islands Catcher due by 9-12-06; published interest payment accrue DEPARTMENT Processor Capacity 7-14-06 [FR E6-11016] during bankruptcy and Adjudication; pensions, Reduction Program; Superfund program: comments due by 9-11- redemption rights periods; compensation, dependency, National oil and hazardous 06; published 8-11-06 published 8-3-06 etc.: substances contingency [FR 06-06844] AGRICULTURE Forfeiture; clarification; plan priorities list; DEPARTMENT published 9-5-06 CONSUMER PRODUCT comments due by 9-13- Food Safety and Inspection SAFETY COMMISSION 06; published 8-14-06 [FR Service Federal Hazardous E6-13298] COMMENTS DUE NEXT Substances Act: Meat and poultry inspection: WEEK Toxic substances: Foreign establishments Fireworks safety standards; Significant new uses— comments due by 9-11- exporting meat and Mercury; comments due AGRICULTURE 06; published 7-12-06 [FR poultry to US; supervisory by 9-11-06; published DEPARTMENT E6-10881] visits by foreign inspection 7-11-06 [FR E6-10858] systems; published 8-3-06 Agricultural Marketing DEFENSE DEPARTMENT Service FEDERAL DEPOSIT COMMERCE DEPARTMENT Privacy Act; implementation; INSURANCE CORPORATION Grapes grown in southeastern comments due by 9-12-06; National Oceanic and California and imported Membership advertisement: Atmospheric Administration published 7-14-06 [FR 06- table grapes; comments due 06011] New insurance logo to be Fishery conservation and by 9-11-06; published 7-11- used by all insured ENVIRONMENTAL management: 06 [FR E6-10769] depository institutions, PROTECTION AGENCY Alaska; fisheries of the National Organic Program: etc.; comments due by 9- Air quality implementation Exclusive Economic Livestock; National List of 15-06; published 7-17-06 Zone— plans; approval and [FR 06-06261] Allowed and Prohibited promulgation; various North pacific halibut, Substances; amendments; States: FEDERAL RESERVE sablefish, and Bering comments due by 9-15- SYSTEM Michigan; comments due by Sea and Aleutian 06; published 7-17-06 [FR Depository institutions; reserve Islands crab; individual 06-06103] 9-14-06; published 8-15- 06 [FR E6-13345] requirements (Regulation D): fishing quota programs; AGRICULTURE Montana; comments due by Bankers’ banks; exemption published 8-4-06 DEPARTMENT 9-11-06; published 7-12- from reserve ENVIRONMENTAL Federal Crop Insurance 06 [FR 06-06096] requirements; criteria; PROTECTION AGENCY Corporation South Dakota; comments interpretation; comments Air quality implementation Crop insurance regulations: due by 9-13-06; published due by 9-13-06; published plans; approval and Common crop insurance 8-14-06 [FR E6-13165] 8-14-06 [FR E6-13235] promulgation; various regulations; basic HEALTH AND HUMAN States: Confidential business provisions, and various information and data SERVICES DEPARTMENT Arizona; published 8-3-06 crop insurance provisions; transfer; comments due by Children and Families FEDERAL amendments; comments 9-11-06; published 9-5-06 Administration due by 9-12-06; published COMMUNICATIONS [FR E6-14643] Foster Care Independence Act 7-14-06 [FR 06-05962] COMMISSION Meetings: of 1999; implementation: Radio stations; table of AGRICULTURE FIFRA Scientific Advisory Chafee Foster Care assignments: DEPARTMENT Panel; comments due by Independence Program; Colorado; published 8-9-06 Food and Nutrition Service 9-13-06; published 9-1-06 National Youth in Texas; published 8-9-06 Child nutrition programs: [FR E6-14537] Transition Database;

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comments due by 9-12- NUCLEAR REGULATORY Snake River Valley, ID and located at 100 Pitcher Street 06; published 7-14-06 [FR COMMISSION OR; comments due by 9- in Utica, New York, as the 06-06005] Byproduct material; expanded 15-06; published 7-17-06 ‘‘Captain George A. Wood HEALTH AND HUMAN definition; comments due by [FR E6-11078] Post Office Building’’. (Aug. SERVICES DEPARTMENT 9-11-06; published 7-28-06 VETERANS AFFAIRS 17, 2006; 120 Stat. 775) Food and Drug [FR 06-06477] DEPARTMENT H.R. 5104/P.L. 109–276 Administration SECURITIES AND Adjudication; pensions, To designate the facility of the Food for human consumption: EXCHANGE COMMISSION compensation, dependency, United States Postal Service Infant formula; current good Financial reporting matters: etc.: located at 1750 16th Street manufacturing practice, Periodic reports of non- Home school programs; South in St. Petersburg, quality control procedures, accelerated filers and dependent entitlement to Florida, as the ‘‘Morris W. etc.; comments due by 9- newly public companies; monetary benefits; Milton Post Office’’. (Aug. 17, 15-06; published 8-1-06 comments due by 9-14- definitions; comments due 2006; 120 Stat. 776) [FR E6-12268] by 9-11-06; published 7- 06; published 8-15-06 [FR H.R. 5107/P.L. 109–277 HEALTH AND HUMAN E6-13277] 13-06 [FR E6-10969] To designate the facility of the SERVICES DEPARTMENT STATE DEPARTMENT National Institutes of Health United States Postal Service Passports: LIST OF PUBLIC LAWS located at 1400 West Jordan Privacy Act; implementation; Surcharge on applicable Street in Pensacola, Florida, comments due by 9-13-06; fees; comments due by 9- This is a continuing list of as the ‘‘Earl D. Hutto Post published 8-14-06 [FR E6- 13-06; published 8-14-06 public bills from the current Office Building’’. (Aug. 17, 13211] [FR E6-13300] session of Congress which 2006; 120 Stat. 777) HOMELAND SECURITY have become Federal laws. It TRANSPORTATION H.R. 5169/P.L. 109–278 DEPARTMENT DEPARTMENT may be used in conjunction Coast Guard with ‘‘PLUS’’ (Public Laws To designate the facility of the Federal Aviation Regattas and marine parades: Update Service) on 202–741– United States Postal Service Administration located at 1310 Highway 64 Patapsco River, Inner 6043. This list is also Airspace: NW. in Ramsey, Indiana, as Harbor, Baltimore, MD; available online at http:// Objects affecting navigable the ‘‘Wilfred Edward ‘Cousin marine events; comments www.archives.gov/federal- airspace; comments due Willie’ Sieg, Sr. Post Office’’. due by 9-15-06; published register/laws.html. by 9-11-06; published 6- (Aug. 17, 2006; 120 Stat. 778) 8-16-06 [FR E6-13494] 13-06 [FR 06-05319] The text of laws is not HOMELAND SECURITY published in the Federal H.R. 5540/P.L. 109–279 Airworthiness directives: DEPARTMENT Register but may be ordered To designate the facility of the Boeing; comments due by Federal Emergency in ‘‘slip law’’ (individual United States Postal Service 9-15-06; published 8-1-06 Management Agency pamphlet) form from the located at 217 Southeast 2nd [FR E6-12302] Disaster assistance: Superintendent of Documents, Street in Dimmitt, Texas, as Glasflugel; comments due U.S. Government Printing Public assistance eligibility; the ‘‘Sergeant Jacob Dan by 9-11-06; published 8- Office, Washington, DC 20402 comments due by 9-12- Dones Post Office’’. (Aug. 17, 11-06 [FR E6-13134] (phone, 202–512–1808). The 06; published 7-14-06 [FR 2006; 120 Stat. 779) text will also be made E6-11128] Rolls-Royce Deutschland Ltd H.R. 4/P.L. 109–280 & Co KG; comments due available on the Internet from HOUSING AND URBAN by 9-11-06; published 7- GPO Access at http:// Pension Protection Act of DEVELOPMENT 11-06 [FR E6-10772] www.gpoaccess.gov/plaws/ 2006 (Aug. 17, 2006; 120 DEPARTMENT Rolls-Royce plc; comments index.html. Some laws may Stat. 780) Manufactured home installation due by 9-11-06; published not yet be available. Last List August 17, 2006 program; comment period 7-11-06 [FR E6-10771] extension; comments due by H.R. 4646/P.L. 109–273 9-14-06; published 8-16-06 Schempp-Hirth GmbH & Co. To designate the facility of the [FR E6-13382] KG; comments due by 9- United States Postal Service Public Laws Electronic 11-06; published 8-10-06 Manufactured home installation located at 7320 Reseda Notification Service [FR E6-13017] program; establishment; Boulevard in Reseda, (PENS) comments due by 9-14-06; Class D airspace; comments California, as the ‘‘Coach John published 6-14-06 [FR 06- due by 9-15-06; published Wooden Post Office Building’’. 05389] 8-11-06 [FR 06-06861] (Aug. 17, 2006; 120 Stat. 773) PENS is a free electronic mail INTERIOR DEPARTMENT Class E airspace; comments H.R. 4811/P.L. 109–274 notification service of newly due by 9-15-06; published Fish and Wildlife Service To designate the facility of the enacted public laws. To 8-11-06 [FR 06-06858] subscribe, go to http:// Endangered and threatened United States Postal Service listserv.gsa.gov/archives/ species: TREASURY DEPARTMENT located at 215 West Industrial publaws-l.html Critical habitat Alcohol and Tobacco Tax Park Road in Harrison, Arkansas, as the ‘‘John Paul designations— and Trade Bureau Note: This service is strictly Hammerschmidt Post Office Peck’s Cave amphipod Alcohol; viticultural area for E-mail notification of new Building’’. (Aug. 17, 2006; 120 and Comal Springs designations: laws. The text of laws is not Stat. 774) dryopid beetle and riffle Alexander Valley, Sonoma available through this service. beetle; comments due County, CA; comments H.R. 4962/P.L. 109–275 PENS cannot respond to by 9-15-06; published due by 9-15-06; published To designate the facility of the specific inquiries sent to this 7-17-06 [FR 06-06182] 7-17-06 [FR E6-11080] United States Postal Service address.

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CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–060–00038–1) ...... 50.00 Jan. 1, 2006 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–060–00039–9) ...... 55.00 Jan. 1, 2006 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–060–00040–2) ...... 63.00 Jan. 1, 2006 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–060–00041–1) ...... 61.00 Jan. 1, 2006 week and which is now available for sale at the Government Printing 140–199 ...... (869–060–00042–9) ...... 30.00 Jan. 1, 2006 Office. 200–1199 ...... (869–060–00043–7) ...... 50.00 Jan. 1, 2006 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–060–00044–5) ...... 45.00 Jan. 1, 2006 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–060–00045–3) ...... 40.00 Jan. 1, 2006 The CFR is available free on-line through the Government Printing 300–799 ...... (869–060–00046–1) ...... 60.00 Jan. 1, 2006 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 800–End ...... (869–060–00047–0) ...... 42.00 Jan. 1, 2006 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–060–00048–8) ...... 50.00 Jan. 1, 2006 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–060–00049–6) ...... 60.00 Jan. 1, 2006 $1195.00 domestic, $298.75 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–060–00051–8) ...... 50.00 Apr. 1, 2006 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–060–00052–6) ...... 60.00 Apr. 1, 2006 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–060–00053–4) ...... 62.00 Apr. 1, 2006 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–060–00054–2) ...... 62.00 Apr. 1, 2006 charge orders to (202) 512-2250. 400–End ...... (869–060–00055–1) ...... 26.00 6Apr. 1, 2006 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–060–00056–9) ...... 61.00 Apr. 1, 2006 1 ...... (869–060–00001–4) ...... 5.00 4Jan. 1, 2006 141–199 ...... (869–060–00057–7) ...... 58.00 Apr. 1, 2006 2 ...... (869–060–00002–0) ...... 5.00 Jan. 1, 2006 200–End ...... (869–060–00058–5) ...... 31.00 Apr. 1, 2006 3 (2003 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–060–00059–3) ...... 50.00 Apr. 1, 2006 101) ...... (869–056–00003–1) ...... 35.00 1 Jan. 1, 2005 400–499 ...... (869–060–00060–7) ...... 64.00 Apr. 1, 2006 4 ...... (869–060–00004–6) ...... 10.00 Jan. 1, 2006 500–End ...... (869–060–00061–5) ...... 63.00 Apr. 1, 2006 5 Parts: 21 Parts: 1–699 ...... (869–060–00005–4) ...... 60.00 Jan. 1, 2006 1–99 ...... (869–060–00062–3) ...... 40.00 Apr. 1, 2006 700–1199 ...... (869–060–00006–2) ...... 50.00 Jan. 1, 2006 100–169 ...... (869–060–00063–1) ...... 49.00 Apr. 1, 2006 1200–End ...... (869–060–00007–1) ...... 61.00 Jan. 1, 2006 170–199 ...... (869–060–00064–0) ...... 50.00 Apr. 1, 2006 200–299 ...... (869–060–00065–8) ...... 17.00 Apr. 1, 2006 6 ...... (869–060–00008–9) ...... 10.50 Jan. 1, 2006 300–499 ...... (869–060–00066–6) ...... 30.00 Apr. 1, 2006 7 Parts: 500–599 ...... (869–060–00067–4) ...... 47.00 Apr. 1, 2006 1–26 ...... (869–060–00009–7) ...... 44.00 Jan. 1, 2006 600–799 ...... (869–060–00068–2) ...... 15.00 Apr. 1, 2006 27–52 ...... (869–060–00010–1) ...... 49.00 Jan. 1, 2006 800–1299 ...... (869–060–00069–1) ...... 60.00 Apr. 1, 2006 53–209 ...... (869–060–00011–9) ...... 37.00 Jan. 1, 2006 1300–End ...... (869–060–00070–4) ...... 25.00 Apr. 1, 2006 210–299 ...... (869–060–00012–7) ...... 62.00 Jan. 1, 2006 22 Parts: 300–399 ...... (869–060–00013–5) ...... 46.00 Jan. 1, 2006 1–299 ...... (869–060–00071–2) ...... 63.00 Apr. 1, 2006 400–699 ...... (869–060–00014–3) ...... 42.00 Jan. 1, 2006 300–End ...... (869–060–00072–1) ...... 45.00 10Apr. 1, 2006 700–899 ...... (869–060–00015–1) ...... 43.00 Jan. 1, 2006 900–999 ...... (869–060–00016–0) ...... 60.00 Jan. 1, 2006 23 ...... (869–060–00073–9) ...... 45.00 Apr. 1, 2006 1000–1199 ...... (869–060–00017–8) ...... 22.00 Jan. 1, 2006 24 Parts: 1200–1599 ...... (869–060–00018–6) ...... 61.00 Jan. 1, 2006 0–199 ...... (869–060–00074–7) ...... 60.00 Apr. 1, 2006 1600–1899 ...... (869–060–00019–4) ...... 64.00 Jan. 1, 2006 200–499 ...... (869–060–00075–5) ...... 50.00 Apr. 1, 2006 1900–1939 ...... (869–060–00020–8) ...... 31.00 Jan. 1, 2006 500–699 ...... (869–060–00076–3) ...... 30.00 Apr. 1, 2006 1940–1949 ...... (869–060–00021–6) ...... 50.00 Jan. 1, 2006 700–1699 ...... (869–060–00077–1) ...... 61.00 Apr. 1, 2006 1950–1999 ...... (869–060–00022–4) ...... 46.00 Jan. 1, 2006 1700–End ...... (869–060–00078–0) ...... 30.00 Apr. 1, 2006 2000–End ...... (869–060–00023–2) ...... 50.00 Jan. 1, 2006 25 ...... (869–060–00079–8) ...... 64.00 Apr. 1, 2006 8 ...... (869–060–00024–1) ...... 63.00 Jan. 1, 2006 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–060–00080–1) ...... 49.00 Apr. 1, 2006 1–199 ...... (869–060–00025–9) ...... 61.00 Jan. 1, 2006 §§ 1.61–1.169 ...... (869–060–00081–0) ...... 63.00 Apr. 1, 2006 200–End ...... (869–060–00026–7) ...... 58.00 Jan. 1, 2006 §§ 1.170–1.300 ...... (869–060–00082–8) ...... 60.00 Apr. 1, 2006 10 Parts: §§ 1.301–1.400 ...... (869–060–00083–6) ...... 47.00 Apr. 1, 2006 1–50 ...... (869–060–00027–5) ...... 61.00 Jan. 1, 2006 §§ 1.401–1.440 ...... (869–060–00084–4) ...... 56.00 Apr. 1, 2006 51–199 ...... (869–060–00028–3) ...... 58.00 Jan. 1, 2006 §§ 1.441–1.500 ...... (869–060–00085–2) ...... 58.00 Apr. 1, 2006 200–499 ...... (869–060–00029–1) ...... 46.00 Jan. 1, 2006 §§ 1.501–1.640 ...... (869–060–00086–1) ...... 49.00 Apr. 1, 2006 500–End ...... (869–060–00030–5) ...... 62.00 Jan. 1, 2006 §§ 1.641–1.850 ...... (869–060–00087–9) ...... 61.00 Apr. 1, 2006 §§ 1.851–1.907 ...... (869–060–00088–7) ...... 61.00 Apr. 1, 2006 11 ...... (869–060–00031–3) 41.00 Jan. 1, 2006 §§ 1.908–1.1000 ...... (869–060–00089–5) ...... 60.00 Apr. 1, 2006 12 Parts: §§ 1.1001–1.1400 ...... (869–060–00090–9) ...... 61.00 Apr. 1, 2006 1–199 ...... (869–060–00032–1) ...... 34.00 Jan. 1, 2006 §§ 1.1401–1.1550 ...... (869–060–00091–2) ...... 58.00 Apr. 1, 2006 200–219 ...... (869–060–00033–0) ...... 37.00 Jan. 1, 2006 §§ 1.1551–End ...... (869–060–00092–5) ...... 50.00 Apr. 1, 2006 220–299 ...... (869–060–00034–8) ...... 61.00 Jan. 1, 2006 2–29 ...... (869–060–00093–3) ...... 60.00 Apr. 1, 2006 300–499 ...... (869–060–00035–6) ...... 47.00 Jan. 1, 2006 30–39 ...... (869–060–00094–1) ...... 41.00 Apr. 1, 2006 500–599 ...... (869–060–00036–4) ...... 39.00 Jan. 1, 2006 40–49 ...... (869–060–00095–0) ...... 28.00 Apr. 1, 2006 600–899 ...... (869–056–00037–5) ...... 56.00 Jan. 1, 2005 50–299 ...... (869–060–00096–8) ...... 42.00 Apr. 1, 2006

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–060–00097–6) ...... 61.00 Apr. 1, 2006 63 (63.6580–63.8830) .... (869–056–00150–9) ...... 32.00 July 1, 2005 500–599 ...... (869–060–00098–4) ...... 12.00 5Apr. 1, 2006 63 (63.8980–End) ...... (869–056–00151–7) ...... 35.00 7July 1, 2005 600–End ...... (869–060–00099–2) ...... 17.00 Apr. 1, 2006 64–71 ...... (869–056–00152–5) ...... 29.00 July 1, 2005 27 Parts: 72–80 ...... (869–056–00153–5) ...... 62.00 July 1, 2005 1–399 ...... (869–060–00100–0) ...... 64.00 Apr. 1, 2006 81–85 ...... (869–056–00154–1) ...... 60.00 July 1, 2005 400–End ...... (869–060–00101–8) ...... 18.00 Apr. 1, 2006 86 (86.1–86.599–99) ...... (869–056–00155–0) ...... 58.00 July 1, 2005 86 (86.600–1–End) ...... (869–056–00156–8) ...... 50.00 July 1, 2005 28 Parts: ...... 87–99 ...... (869–056–00157–6) ...... 60.00 July 1, 2005 0–42 ...... (869–060–00102–6) ...... 61.00 July 1, 2006 100–135 ...... (869–056–00158–4) ...... 45.00 July 1, 2005 *43–End ...... (869–060–00103–4) ...... 60.00 July 1, 2006 136–149 ...... (869–056–00159–2) ...... 61.00 July 1, 2005 29 Parts: 150–189 ...... (869–056–00160–6) ...... 50.00 July 1, 2005 0–99 ...... (869–056–00104–5) ...... 50.00 July 1, 2005 190–259 ...... (869–056–00161–4) ...... 39.00 July 1, 2005 100–499 ...... (869–060–00105–1) ...... 23.00 July 1, 2006 260–265 ...... (869–056–00162–2) ...... 50.00 July 1, 2005 500–899 ...... (869–060–00106–9) ...... 61.00 July 1, 2006 266–299 ...... (869–056–00163–1) ...... 50.00 July 1, 2005 900–1899 ...... (869–060–00107–7) ...... 36.00 7July 1, 2006 300–399 ...... (869–056–00164–9) ...... 42.00 July 1, 2005 1900–1910 (§§ 1900 to 400–424 ...... (869–056–00165–7) ...... 56.00 8July 1, 2005 1910.999) ...... (869–060–00108–5) ...... 61.00 July 1, 2006 425–699 ...... (869–056–00166–5) ...... 61.00 July 1, 2005 *1910 (§§ 1910.1000 to 700–789 ...... (869–056–00167–3) ...... 61.00 July 1, 2005 end) ...... (869–060–00109–3) ...... 46.00 July 1, 2006 790–End ...... (869–056–00168–1) ...... 61.00 July 1, 2005 1911–1925 ...... (869–056–00110–0) ...... 30.00 July 1, 2005 41 Chapters: 1926 ...... (869–056–00111–8) ...... 50.00 July 1, 2005 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1927–End ...... (869–056–00112–6) ...... 62.00 July 1, 2005 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 30 Parts: 3–6 ...... 14.00 3 July 1, 1984 1–199 ...... (869–056–00113–4) ...... 57.00 July 1, 2005 7 ...... 6.00 3 July 1, 1984 200–699 ...... (869–056–00114–2) ...... 50.00 July 1, 2005 8 ...... 4.50 3 July 1, 1984 *700–End ...... (869–060–00115–8) ...... 58.00 July 1, 2006 9 ...... 13.00 3 July 1, 1984 10–17 ...... 9.50 3 July 1, 1984 31 Parts: 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 0–199 ...... (869–056–00116–9) ...... 41.00 July 1, 2005 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 200–499 ...... (869–056–00117–7) ...... 33.00 July 1, 2005 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 500–End ...... (869–056–00118–5) ...... 33.00 July 1, 2005 19–100 ...... 13.00 3 July 1, 1984 32 Parts: 1–100 ...... (869–056–00169–0) ...... 24.00 July 1, 2005 1–39, Vol. I ...... 15.00 2 July 1, 1984 101 ...... (869–060–00170–1) ...... 21.00 11 July 1, 2006 1–39, Vol. II ...... 19.00 2 July 1, 1984 102–200 ...... (869–056–00171–1) ...... 56.00 July 1, 2005 1–39, Vol. III ...... 18.00 2 July 1, 1984 201–End ...... (869–056–00172–0) ...... 24.00 July 1, 2005 ...... 1–190 (869–056–00119–3) 61.00 July 1, 2005 42 Parts: 191–399 ...... (869–056–00120–7) ...... 63.00 July 1, 2005 1–399 ...... (869–056–00173–8) ...... 61.00 Oct. 1, 2005 400–629 ...... (869–056–00121–5) ...... 50.00 July 1, 2005 400–429 ...... (869–056–00174–6) ...... 63.00 Oct. 1, 2005 630–699 ...... (869–056–00122–3) ...... 37.00 July 1, 2005 430–End ...... (869–056–00175–4) ...... 64.00 Oct. 1, 2005 700–799 ...... (869–056–00123–1) ...... 46.00 July 1, 2005 800–End ...... (869–056–00124–0) ...... 47.00 July 1, 2005 43 Parts: 1–999 ...... (869–056–00176–2) ...... 56.00 Oct. 1, 2005 33 Parts: 1000–end ...... (869–056–00177–1) ...... 62.00 Oct. 1, 2005 1–124 ...... (869–056–00125–8) ...... 57.00 July 1, 2005 125–199 ...... (869–056–00126–6) ...... 61.00 July 1, 2005 44 ...... (869–056–00178–9) ...... 50.00 Oct. 1, 2005 200–End ...... (869–056–00127–4) ...... 57.00 July 1, 2005 45 Parts: 34 Parts: 1–199 ...... (869–056–00179–7) ...... 60.00 Oct. 1, 2005 1–299 ...... (869–056–00128–2) ...... 50.00 July 1, 2005 200–499 ...... (869–056–00180–1) ...... 34.00 Oct. 1, 2005 *300–399 ...... (869–060–00129–8) ...... 40.00 July 1, 2006 500–1199 ...... (869–056–00171–9) ...... 56.00 Oct. 1, 2005 400–End & 35 ...... (869–060–00130–1) ...... 61.00 July 1, 2006 1200–End ...... (869–056–00182–7) ...... 61.00 Oct. 1, 2005 36 Parts: 46 Parts: 1–199 ...... (869–056–00131–2) ...... 37.00 July 1, 2005 1–40 ...... (869–056–00183–5) ...... 46.00 Oct. 1, 2005 200–299 ...... (869–056–00132–1) ...... 37.00 July 1, 2005 41–69 ...... (869–056–00184–3) ...... 39.00 9Oct. 1, 2005 300–End ...... (869–056–00133–9) ...... 61.00 July 1, 2005 70–89 ...... (869–056–00185–1) ...... 14.00 9Oct. 1, 2005 90–139 ...... (869–056–00186–0) ...... 44.00 Oct. 1, 2005 37 ...... (869–056–00134–7) ...... 58.00 July 1, 2005 140–155 ...... (869–056–00187–8) ...... 25.00 Oct. 1, 2005 38 Parts: 156–165 ...... (869–056–00188–6) ...... 34.00 9Oct. 1, 2005 *0–17 ...... (869–060–00135–2) ...... 60.00 July 1, 2006 166–199 ...... (869–056–00189–4) ...... 46.00 Oct. 1, 2005 18–End ...... (869–056–00136–3) ...... 62.00 July 1, 2005 200–499 ...... (869–056–00190–8) ...... 40.00 Oct. 1, 2005 ...... 39 ...... (869–056–00139–1) ...... 42.00 July 1, 2005 500–End (869–056–00191–6) 25.00 Oct. 1, 2005 40 Parts: 47 Parts: ...... 1–49 ...... (869–056–00138–0) ...... 60.00 July 1, 2005 0–19 (869–056–00192–4) 61.00 Oct. 1, 2005 ...... *50–51 ...... (869–060–00139–5) ...... 45.00 July 1, 2006 20–39 (869–056–00193–2) 46.00 Oct. 1, 2005 ...... 52 (52.01–52.1018) ...... (869–056–00140–1) ...... 60.00 July 1, 2005 40–69 (869–056–00194–1) 40.00 Oct. 1, 2005 ...... 52 (52.1019–End) ...... (869–056–00141–0) ...... 61.00 July 1, 2005 70–79 (869–056–00195–9) 61.00 Oct. 1, 2005 ...... 53–59 ...... (869–056–00142–8) ...... 31.00 July 1, 2005 80–End (869–056–00196–7) 61.00 Oct. 1, 2005 60 (60.1–End) ...... (869–056–00143–6) ...... 58.00 July 1, 2005 48 Chapters: 60 (Apps) ...... (869–056–00144–4) ...... 57.00 July 1, 2005 1 (Parts 1–51) ...... (869–056–00197–5) ...... 63.00 Oct. 1, 2005 61–62 ...... (869–056–00145–2) ...... 45.00 July 1, 2005 1 (Parts 52–99) ...... (869–056–00198–3) ...... 49.00 Oct. 1, 2005 63 (63.1–63.599) ...... (869–056–00146–1) ...... 58.00 July 1, 2005 2 (Parts 201–299) ...... (869–056–00199–1) ...... 50.00 Oct. 1, 2005 63 (63.600–63.1199) ...... (869–056–00147–9) ...... 50.00 July 1, 2005 3–6 ...... (869–056–00200–9) ...... 34.00 Oct. 1, 2005 63 (63.1200–63.1439) .... (869–056–00148–7) ...... 50.00 July 1, 2005 7–14 ...... (869–056–00201–7) ...... 56.00 Oct. 1, 2005 63 (63.1440–63.6175) .... (869–056–00149–5) ...... 32.00 July 1, 2005 15–28 ...... (869–056–00202–5) ...... 47.00 Oct. 1, 2005

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Title Stock Number Price Revision Date 29–End ...... (869–056–00203–3) ...... 47.00 Oct. 1, 2005 49 Parts: 1–99 ...... (869–056–00204–1) ...... 60.00 Oct. 1, 2005 100–185 ...... (869–056–00205–0) ...... 63.00 Oct. 1, 2005 186–199 ...... (869–056–00206–8) ...... 23.00 Oct. 1, 2005 200–299 ...... (869–056–00207–6) ...... 32.00 Oct. 1, 2005 300–399 ...... (869–056–00208–4) ...... 32.00 Oct. 1, 2005 400–599 ...... (869–056–00209–2) ...... 64.00 Oct. 1, 2005 600–999 ...... (869–056–00210–6) ...... 19.00 Oct. 1, 2005 1000–1199 ...... (869–056–00211–4) ...... 28.00 Oct. 1, 2005 1200–End ...... (869–056–00212–2) ...... 34.00 Oct. 1, 2005 50 Parts: 1–16 ...... (869–056–00213–1) ...... 11.00 Oct. 1, 2005 17.1–17.95(b) ...... (869–056–00214–9) ...... 32.00 Oct. 1, 2005 17.95(c)–end ...... (869–056–00215–7) ...... 32.00 Oct. 1, 2005 17.96–17.99(h) ...... (869–056–00215–7) ...... 61.00 Oct. 1, 2005 17.99(i)–end and 17.100–end ...... (869–056–00217–3) ...... 47.00 Oct. 1, 2005 18–199 ...... (869–056–00218–1) ...... 50.00 Oct. 1, 2005 200–599 ...... (869–056–00218–1) ...... 45.00 Oct. 1, 2005 600–End ...... (869–056–00219–0) ...... 62.00 Oct. 1, 2005 CFR Index and Findings Aids ...... (869–060–00050–0) ...... 62.00 Jan. 1, 2006 Complete 2006 CFR set ...... 1,398.00 2006 Microfiche CFR Edition: Subscription (mailed as issued) ...... 332.00 2006 Individual copies ...... 4.00 2006 Complete set (one-time mailing) ...... 325.00 2005 Complete set (one-time mailing) ...... 325.00 2004 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2005, through January 1, 2006. The CFR volume issued as of January 1, 2005 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2006. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2004 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2004, through July 1, 2005. The CFR volume issued as of July 1, 2004 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2004, through July 1, 2005. The CFR volume issued as of July 1, 2003 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2004, through October 1, 2005. The CFR volume issued as of October 1, 2004 should be retained. 10 No amendments to this volume were promulgated during the period April 1, 2005, through April 1, 2006. The CFR volume issued as of April 1, 2005 should be retained. 11 No amendments to this volume were promulgated during the period July 1, 2005, through July 1, 2006. The CFR volume issued as of July 1, 2005 should be retained.

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