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i II Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005
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Contents Federal Register Vol. 70, No. 207
Thursday, October 27, 2005
Agency for Healthcare Research and Quality NOTICES NOTICES Agency information collection activities; proposals, Committees; establishment, renewal, terminations, etc.: submissions, and approvals; correction, 61973 Senior Executive Service Performance Review Board Grants and cooperative agreements; availability, etc.: membership, 61977 Children’s Environmental Health Excellence Awards, Meetings: 61973–61974 Healthcare Research and Quality National Advisory Superfund; response and remedial actions, proposed Council, 61977 settlements, etc.: College Grove Battery Chip Site, TN, 61974 Agriculture Department Starmet CMI Site, SC, 61974 See Animal and Plant Health Inspection Service NOTICES Executive Office of the President Committees; establishment, renewal, termination, etc.: See Presidential Documents National Sheep Industry Improvement Center Board of Federal Aviation Administration Directors, 61935 RULES Animal and Plant Health Inspection Service Airmen certification: Second-in-command pilot type rating NOTICES Correction, 61888–61891 Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 61935–61936 Airworthiness directives: Airbus, 61922–61930 Centers for Disease Control and Prevention BAE Systems, 61916–61920 NOTICES Bombardier, 61920–61922 Meetings: Raytheon, 61914–61916 National Center for Environmental Health Agency for NOTICES Toxic Substances and Disease Registry— Exemption petitions; summary and disposition, 62016 Scientific Counselors Board, 61977–61978 Tuberculosis Elimination Advisory Council, 61978–61979 Federal Communications Commission NOTICES Coast Guard Meetings; Sunshine Act, 61974–61975 NOTICES Passenger vessels: Federal Election Commission Passenger weight and size regulatory standards; impact NOTICES study, 61987–61988 Meetings; Sunshine Act, 61975
Commerce Department Federal Energy Regulatory Commission See International Trade Administration PROPOSED RULES See National Oceanic and Atmospheric Administration Natural gas companies (Natural Gas Act): NOTICES Energy market manipulation; prohibition, 61930–61933 Senior Executive Service Performance Review Board; NOTICES membership, 61936–61937 Electric rate and corporate regulation combined filings, 61971–61973 Copyright Office, Library of Congress Federal Mediation and Conciliation Service RULES NOTICES Copyright office and procedures: Agency information collection activities; proposals, Unpublished copyright claims; preregistration, 61905– submissions, and approvals, 61975–61976 61908 Federal Reserve System Election Assistance Commission NOTICES NOTICES Banks and bank holding companies: Help America Vote Act: Change in bank control, 61976 State election plans— Formations, acquisitions, and mergers, 61976 Delaware, 61944–61970 Fish and Wildlife Service Energy Department PROPOSED RULES See Federal Energy Regulatory Commission Importation, exportation, and transportation of wildlife: Injurious wildlife— Environmental Protection Agency Black carp, 61933–61934 PROPOSED RULES NOTICES Air programs: Endangered and threatened species: Stratospheric ozone protection— Recovery plans— Methyl bromide; critical use exemption, 62030–62054 Short-tailed albatross, 61988–61989
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Health and Human Services Department National Highway Traffic Safety Administration See Agency for Healthcare Research and Quality RULES See Centers for Disease Control and Prevention Motor vehicle safety standards: See National Institutes of Health Occupant crash protection— See Substance Abuse and Mental Health Services Child restraint systems; rulemaking petition denied, Administration 61908–61911 NOTICES Committees; establishment, renewal, termination, etc.: National Institutes of Health Medicaid Commission, 61976–61977 NOTICES Agency information collection activities; proposals, Homeland Security Department submissions, and approvals, 61979 See Coast Guard Meetings: Housing and Urban Development Department National Heart, Lung, and Blood Institute, 61980 NOTICES National Institute on Drug Abuse, 61980 Agency information collection activities; proposals, National Library of Medicine, 61980–61981 submissions, and approvals, 61988 Scientific Review Center, 61981–61986
Interior Department National Oceanic and Atmospheric Administration See Fish and Wildlife Service RULES See Land Management Bureau Endangered and threatened species: See Minerals Management Service Sea turtle conservation— See National Park Service Shrimp trawling requirements, 61911–61913 NOTICES Internal Revenue Service Committees; establishment, renewal, termination, etc.: NOTICES Chumash Community Channel Islands National Marine Meetings: Sanctuary Advisory Council, 61938 Internal Revenue Service Advisory Council, 62018 Hawaiian Islands Humpback Whale National Marine Proposed collection; comment request, 62018–62019 Sanctuary Advisory Council, 61938 Stellwagen Bank National Marine Sanctuary Advisory International Trade Administration Council, 61938–61939 NOTICES Meetings: Antidumping: New England Fishery Management Council, 61939–61940 Liquid sulfur dioxide from— Scientific research permit determinations, etc., 61940– Canada, 61937–61938 61941 Vessel monitoring systems; mobile transmitting units; type International Trade Commission approval requirements, 61941–61944 NOTICES Meetings; Sunshine Act, 61991 National Park Service Justice Department RULES See Justice Programs Office Special regulations: NOTICES Pictured Rocks National Lakeshore, MI; personal Senior Executive Service Performance Review Board; watercraft use, 61893–61905 membership, 61991–61997 Nuclear Regulatory Commission Justice Programs Office RULES NOTICES Energy Policy Act of 2005; implementation: Grant and cooperative agreement awards: Financial protection regulations and elimination of Wyoming County Commissioner’s Association, 61997 antitrust reviews, 61885–61888 NOTICES Labor Department Meetings: See Occupational Safety and Health Administration Reactor Safeguards Advisory Committee, 62007–62008
Land Management Bureau Occupational Safety and Health Administration NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 61990 submissions, and approvals, 61998–62007 Survey plat filings: Colorado, 61990–61991 Pipeline and Hazardous Materials Safety Administration Library of Congress NOTICES See Copyright Office, Library of Congress Meetings: Dangerous goods; international transport standards, Minerals Management Service 62016–62017 RULES Outer Continental Shelf; oil, gas, and sulphur operations: Postal Service Hurricanes Katrina and Rita; interruption of operations; NOTICES temporary fee waiver, 61891–61893 Meetings; Sunshine Act, 62008
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Presidential Documents See Pipeline and Hazardous Materials Safety EXECUTIVE ORDERS Administration Defense and national security: NOTICES Terrorism information; dissemination (EO 13388), 62021– Aviation proceedings: 62025 Agreements filed; weekly receipts, 62014–62015 ADMINISTRATIVE ORDERS Certificates of public convenience and necessity and Weapons of mass destruction; continuation of national foreign air carrier permits; weekly applications, emergency (Notice of October 25, 2005), 62027 62015–62016
Securities and Exchange Commission Treasury Department NOTICES See Internal Revenue Service Meetings; Sunshine Act, 62008 NOTICES Agency information collection activities; proposals, Small Business Administration submissions, and approvals, 62017 NOTICES Meetings: Disaster loan areas: Debt Management Advisory Committee, 62018 Georgia, 62008–62009 Kansas, 62009 Louisiana, 62009–62010 Separate Parts In This Issue Mississippi, 62010 Texas, 62010 Part II Executive Office of the President, Presidential Documents, State Department 62021–62025, 62027 NOTICES Grants and cooperative agreements; availability, etc.: Part III Future Leaders Exchange Civic Education Workshop, Environmental Protection Agency, 62030–62054 62010–62014
Substance Abuse and Mental Health Services Administration Reader Aids Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Agency information collection activities; proposals, and notice of recently enacted public laws. submissions, and approvals, 61986–61987 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Transportation Department listserv.access.gpo.gov and select Online mailing list See Federal Aviation Administration archives, FEDREGTOC-L, Join or leave the list (or change See National Highway Traffic Safety 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.
3 CFR Executive Orders: 12938 (See Notice of October 25, 2005)...... 62023 12958 (See 13388)...... 62023 13094 (See Notice of October 25, 2005)...... 62023 13311 (Amended by 13388) ...... 62023 13356 (Revoked by 13388) ...... 62023 13382 (See Notice of October 25, 2005)...... 62023 13388...... 62023 Administrative Orders: Memorandums: Memorandum of June 2, 2005 (See EO 13388) ...... 62023 Notices: Notice of October 25, 2005 ...... 62027 10 CFR 2...... 61885 50...... 61885 52...... 61885 140...... 61885 14 CFR 61...... 61888 Proposed Rules: 39 (7 documents) ...... 61914, 61916, 61918, 61920, 61922, 61924, 61927 18 CFR Proposed Rules: 47...... 61930 159...... 61930 30 CFR 250...... 61891 256...... 61891 36 CFR 7...... 61893 37 CFR 202...... 61905 40 CFR Proposed Rules: 82...... 62030 49 CFR 571...... 61908 50 CFR 222...... 61911 223...... 61911 Proposed Rules: 16...... 61933
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Rules and Regulations Federal Register Vol. 70, No. 207
Thursday, October 27, 2005
This section of the FEDERAL REGISTER V. Paperwork Reduction Act Statement license, the Commission was required to contains regulatory documents having general VI. Regulatory Analysis make a finding whether the activities applicability and legal effect, most of which VII. Backfit Analysis under the license would create or are keyed to and codified in the Code of VIII. Congressional Review Act maintain a situation inconsistent with Federal Regulations, which is published under the Nation’s antitrust laws. Sometimes 50 titles pursuant to 44 U.S.C. 1510. I. Background the Commission has needed to conduct The Code of Federal Regulations is sold by The Nuclear Regulatory Commission a lengthy hearing on antitrust issues the Superintendent of Documents. Prices of (NRC) is amending its regulations to before issuing its decision. In recent new books are listed in the first FEDERAL conform with recently enacted years, other Government agencies more REGISTER issue of each week. provisions contained in the Energy specialized in financial matters have Policy Act of 2005, Public Law 109–58. demonstrated oversight and authority In that act, Congress amended Section sufficient to discern and address NUCLEAR REGULATORY 170 of the Atomic Energy Act (the Price- potential anticompetitive behavior of COMMISSION Anderson Act) to increase the amount nuclear energy producers. In light of the reactor licensees must contribute redundant antitrust responsibilities of 10 CFR Parts 2, 50, 52, and 140 annually to compensate the public for the Commission and those agencies, RIN 3150–AH78 damages if a nuclear accident occurs. Congress enacted section 625 of the Congress also provided special Energy Policy Act of 2005 which Price-Anderson Act Financial treatment for potential licensees of eliminated the Commission’s antitrust Protection Regulations and Elimination modular reactors by defining what authority with respect to future license of Antitrust Reviews combination of reactors is entitled to be applications. The final rule’s changes in considered a single reactor under the AGENCY: Nuclear Regulatory the regulations remove all antitrust Price-Anderson Act for determining the Commission. review requirements and references to applicable financial requirements. In the the discontinued antitrust review. ACTION: Final rule. same legislation, Congress eliminated B. Price-Anderson Act Amendments SUMMARY: The Nuclear Regulatory NRC’s authority and responsibility to Commission (NRC) is amending its conduct antitrust reviews of future In the event of a serious nuclear regulations to conform with the applications for a license to construct or accident with substantial offsite requirements of the Energy Policy Act of operate a nuclear reactor. damages, the Price-Anderson 2005. The revised regulations include This rule revises the Commission’s Amendments Act of 1988 required each Congress’s prescribed increase in the regulations solely to comply with the licensee of a commercial reactor (one amount of the required annual financial Energy Policy Act of 2005. The changes with a rated capacity of 100,000 contributions required from commercial simply incorporate mandatory statutory electrical kilowatts or more) to pay into reactors in the event of a nuclear requirements or eliminate authorities a retrospective premium pool, as accident to pay for third party liability and actions under a Congressional needed, $10 million annually per under the Price-Anderson Act. Another mandate, which by its terms applies reactor up to the sum of $63 million as revision provides Congress’s only to future nuclear reactor adjusted for inflation to pay for harm to accommodation for modular reactors, construction permits and operating person or property caused by the which permits a defined combination of license applications and has no effect on accident. By August 2003, that sum, as these reactors to be considered a single the Commissions’ authority relative to adjusted for inflation, had reached the reactor for the determination of existing nuclear reactor operating amount of $95,800,000. In section 603 of financial obligations under the Price- license antitrust conditions. The Energy Policy Act of 2005, Congress Anderson Act. Additional revisions, Accordingly, good cause exists under 5 replaced the $63 million limit with the essentially deletions, result from U.S.C. 553(d)(3) to publish this final $95,800,000 current limit, already Congress’s terminating NRC’s authority rule without soliciting public comment incorporated in the Commission’s rules and responsibility to conduct antitrust because the Commission has no as the new base for inflation adjustment. reviews of future applications to discretion in these matters and public Congress also decided that the $10 construct or operate a nuclear reactor. comment would serve no useful million annual payment which had DATES: This rule is effective on purpose. The revisions are being remained unchanged since 1988 should November 28, 2005. published as a final rule that will be increased to $15 million and should FOR FURTHER INFORMATION CONTACT: become effective 30 days from the date be adjusted for inflation in the future. Marjorie Nordlinger, Senior Attorney, of publication in the Federal Register. Accordingly, the Commission is Office of the General Counsel, U.S. II. Discussion of the Final Rule changing the regulation to reflect the Nuclear Regulatory Commission, current $15 million amount the nuclear Washington, DC 20555–0001, telephone A. Antitrust Amendments reactor licensees would pay annually if (301) 415–1616, e-mail [email protected]. The Atomic Energy Commission and public liability damages exceeded the SUPPLEMENTARY INFORMATION: its successor the Nuclear Regulatory insurance required to be carried by the Commission have had the authority and licensee. I. Background II. Discussion of Final Rule obligation to conduct antitrust reviews In section 608 of the Energy Policy III. Voluntary Consensus Standards of applicants for licenses to construct Act of 2005, Congress recognized that IV. Finding of No Significant Impact: and operate nuclear reactors. In new designs of reactors known as Environmental Assessment determining whether to grant such a modular reactors could result in
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groupings of a smaller capacity reactor approved by the Office of Management and recordkeeping requirements, than the typical commercial reactor and Budget, approval numbers 3150– Standard design, Standard design currently in use, but where each single 0011, 3150–0151, and 3150–0039. certification. modular reactor still exceeds the Public Protection Notification 10 CFR Part 140 100,000 electrical kilowatts that would trigger the financial obligations The NRC may not conduct or sponsor, Criminal penalties, Extraordinary currently required of a large reactor. To and a person is not required to respond nuclear occurrence, Insurance, make the small modular reactors to, a request for information or an Intergovernmental relations, Nuclear economically feasible while maintaining information collection requirement materials, Nuclear power plants and for them an equitable obligation to unless the requesting document reactors, Reporting and recordkeeping assure available funds for the public, the displays a currently valid OMB control requirements. Energy Policy Act provided that a number. I For the reasons set out in the prescribed combination of facilities VI. Regulatory Analysis preamble and under the authority of the should be considered as a single facility Atomic Energy Act of 1954, as amended; A regulatory analysis has not been for the sole purpose of assessing the Energy Reorganization Act of 1974, prepared for this regulation. This rule financial obligations under the Price- as amended; and 5 U.S.C. 552 and 553; amends NRC regulations to be Anderson Act. The Commission is the NRC is adopting the following consistent with provisions in the Energy amending its rules to include the amendments to 10 CFR parts 2, 50, 52, Policy Act of 2005. This rule does not description of the combination of and 140. modular reactors which is to be treated involve an exercise of Commission as a single reactor for assessing discretion and, therefore, does not PART 2—RULES OF PRACTICE FOR obligations to contribute to the pool that necessitate preparation of a regulatory DOMESTIC LICENSING PROCEEDINGS will pay for public harm if a serious analysis. AND ISSUANCE OF ORDERS nuclear accident occurs. VII. Backfit Analysis I 1. The authority citation for part 2 is III. Voluntary Consensus Standards The NRC has determined that the revised to read as follows: The National Technology Transfer backfit rule does not apply to this final Authority: Secs. 161, 181, 68 Stat. 948, and Advancement Act of 1995, Public rule; and therefore, a backfit analysis is 953, as amended (42 U.S.C. 2201, 2231); sec. Law 104–113, requires that Federal not required for this final rule because 191, as amended, Pub. L. 87–615, 76 Stat. 409 agencies use technical standards that are these amendments are mandated by the (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as developed or adopted by voluntary Energy Policy Act of 2005. amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). consensus standards bodies unless the VIII. Congressional Review Act Section 2.101 also issued under secs. 53, use of such a standard is inconsistent In accordance with the Congressional 62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, with applicable law or otherwise 935, 936, 937, 938, as amended (42 U.S.C. impractical. In this rule, the NRC is Review Act, the NRC has determined 2073, 2092, 2093, 2111, 2133, 2134, 2135); revising its regulations to reflect that this action is not a major rule and sec. 114(f), Pub. L. 97–425, 96 Stat. 2213, as statutory mandates contained in the has verified this determination with the amended (42 U.S.C. 10143(f)), sec. 102, Pub. Energy Policy Act of 2005. This action Office of Information and Regulatory L. 91–190, 83 Stat. 853, as amended (42 Affairs of OMB. U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 does not constitute the establishment of U.S.C. 5871). a standard that contains generally List of Subjects Sections 2.102, 2.103, 2.104, 2.105, 2.721 applicable requirements. 10 CFR Part 2 also issued under secs. 102, 103, 104, 183i, IV. Finding of No Significant Impact: 189, 68 Stat. 936, 937, 938, 954, 955, as Administrative practice and amended (42 U.S.C. 2132, 2133, 2134, 2135, Environmental Assessment procedure, Antitrust, Byproduct 2233, 2239). Sections 2.105 also issued under The Commission has determined material, Classified information, Pub. L. 97–415, 96 Stat. 2073 (42 U.S.C. under the National Environmental Environmental protection, Nuclear 2239). Policy Act of 1969, as amended, and the Sections 2.200–2.206 also issued under materials, Nuclear power plants and secs. 161b, I, o, 182, 186, 234, 68 Stat. 948– Commission’s regulations in Subpart A reactors, Penalties, Sex discrimination, 951, 955, 83 Stat. 444, as amended (42 U.S.C. of 10 CFR Part 51, that this rule is not Source material, Special nuclear 2201(b), (I), (o), 2236, 2282); sec. 206, 88 Stat a major Federal action significantly material, Waste treatment and disposal. 1246 (42 U.S.C. 5846). Section 2.205(j) also affecting the quality of the human issued under Pub. L. 101–410, 104 Stat. 90, environment and, therefore, an 10 CFR Part 50 as amended by section 3100(s), Pub. L. 104– environmental impact statement is not Antitrust, Classified information, 134, 110 Stat. 1321–373 (28 U.S.C. 2461 required. The basis for this Criminal penalties, Fire protection, note). Sections 2.600–2.606 also issued under determination is that the rule relates to Intergovernmental relations, Nuclear sec. 102, Pub. L. 91–190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, liability under the Price-Anderson Act power plants and reactors, Radiation 2.719 also issued under 5 U.S.C. 554. and the elimination of NRC’s antitrust protection, Reactor siting criteria, Sections 2.754, 2.760, 2.770, 2.780 also reviews. In addition, the changes to the Reporting and recordkeeping issued under 5 U.S.C. 557. Section 2.764 also regulations in Parts 2, 50, 52 and 140 are requirements. issued under secs. 135, 141, Pub. L. 97–425, actions that fall within the categorical 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 10 CFR Part 52 exclusions set out in 10 CFR 51.22(c)(1) Section 2.790 also issued under sec. 103, 68 and (3). Administrative practice and Stat. 936, as amended (42 U.S.C. 2133), and procedure, Antitrust, Backfitting, 5 U.S.C. 552. Sections 2.800 and 2.808 also V. Paperwork Reduction Act Statement Combined license, Early site permit, issued under 5 U.S.C. 553. Section 2.809 also This final rule does not contain new Emergency planning, Fees, Inspection, issued under 5 U.S.C. 553, and sec. 29, Pub. L. 85–256, 71 Stat. 579, as amended (42 or amended information collection Limited work authorization, Nuclear U.S.C. 2039). Subpart K also issued under requirements subject to the Paperwork power plants and reactors, Probabilistic sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. Reduction Act of 1995 (44 U.S.C. 3501 risk assessment, Prototype, Reactor 134, Pub. L. 97–425, 96 Stat. 2230 (42 U.S.C. et seq.). Existing requirements were siting criteria, Redress of site, Reporting 10154).
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Subpart L also issued under sec. 189, 68 facility which is subject to § 51.20(b) of Atomic Safety and Licensing Board Stat. 955 (42 U.S.C. 2239). Subpart M also this chapter and is of the type specified established by the Commission or by the issued under sec. 184 (42 U.S.C. 2234) and in § 50.21(b)(2) or (3) or § 50.22 of this Chief Administrative Judge of the sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. chapter or is a testing facility, may Atomic Safety and Licensing Board 91–560, 84 Stat. 1473 (42 U.S.C. 2135). request that the Commission conduct an Panel, will rule on the request and/or early review and hearing and render an petition, and the Secretary or the I 2. In § 2.101 paragraphs (a–1)(5) and early partial decision in accordance presiding officer will issue a notice of (e) are removed, paragraphs (f) and (g) with subpart F on issues of site hearing or an appropriate order. are redesignated as paragraphs (e) and suitability within the purview of the I 6. In § 2.402, paragraph (a) is revised (f) respectively, and paragraphs (a)(5), applicable provisions of parts 50, 51 and to read as follows: (a–1) introductory text, and (c) are 100 of this chapter. In such cases, the revised to read as follows: applicant for the construction permit § 2.402 Separate hearings on separate issues; consolidation of proceedings. § 2.101 Filing of application. may submit the information required of applicants by the provisions of this (a) In the case of applications under (a) * * * appendix N of part 52 of this chapter for (5) An applicant for a construction chapter in three parts: construction permits for nuclear power permit for a production or utilization * * * * * reactors of a type described in § 50.22 of facility which is subject to § 51.20(b) of (c) Upon receipt and acceptance for this chapter, the Commission or the this chapter, and is of the type specified docketing of the required portions of the presiding officer may order separate in § 50.21(b)(2) or (3) or § 50.22 of this application dealing with radiological chapter or is a testing facility may health and safety and environmental hearings on particular phases of the submit the information required of matters, notice of receipt will be proceeding, such as matters related to applicants by part 50 of the chapter in published in the Federal Register the acceptability of the design of the two parts. One part shall be including an appropriate notice of reactor, in the context of the site accompanied by the information hearing. parameters postulated for the design or required by § 50.30(f) of this chapter, * * * * * environmental matters. another part shall include any * * * * * information required by § 50.34(a) and, § 2.102 [Amended] if applicable, § 50.34a of this chapter. I 3. In § 2.102, paragraph (d) is PART 50—DOMESTIC LICENSING OF One part may precede or follow other removed. PRODUCTION AND UTILIZATION FACILITIES parts by no longer than six (6) months. I 4. In § 2.104, footnote 4 and paragraph If it is determined that either of the parts (d)(3) are removed, paragraph (d)(4) is I 7. The authority citation for part 50 is as described above is incomplete and redesignated as paragraph (d)(3), the revised to read as follows: not acceptable for processing, the introductory text of paragraph (d) and Director of Nuclear Reactor Regulation paragraphs (d)(1) and (d)(2) are revised Authority: Secs. 102, 103, 104, 161, 182, or Director of Nuclear Material Safety 183, 186, 189, 68 Stat. 936, 937, 938, 948, to read as follows: 953, 954, 955, 956, as amended, sec. 234, 83 and Safeguards, as appropriate, will § 2.104 Notice of hearing. Stat. 444, as amended (42 U.S.C. 2132, 2133, inform the applicant of this 2134, 2135, 2201, 2232, 2233, 2236, 2239, determination and the respects in which * * * * * 2282); secs. 201, as amended, 202, 206, 88 the document is deficient. Such a (d) In an application for a Stat. 1242, as amended, 1244, 1246 (42 U.S.C. determination of completeness will construction permit or an operating 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 generally be made within a period of license for a facility on which a hearing (44 U.S.C. 3504 note). Section 50.7 also thirty (30) days. Whichever part is filed is required by the Act or this chapter, issued under Pub. L. 95–601, sec. 10, 92 Stat. first shall also include the fee required the notice of hearing will, unless the 2951 (42 U.S.C. 5841). Section 50.10 also by §§ 50.30(e) and 170.21 of this chapter Commission determines otherwise, issued under secs. 101, 185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, and the information required by state: (1) A time of the hearing which will Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). §§ 50.33, 50.34(a)(1) and 50.37 of this Sections 50.13, 50.54(dd), and 50.103 also chapter. The Director of Nuclear Reactor be as soon as practicable after issued under sec. 108, 68 Stat. 939, as Regulation or Director of Nuclear compliance with section 189a of the Act amended (42 U.S.C. 2138). Material Safety and Safeguards, as and this part; Sections 50.23, 50.35, 50.55, and 50.56 also appropriate, will accept for docketing an (2) The presiding officer for the issued under sec. 185, 68 Stat. 955 (42 U.S.C. application for a construction permit for hearing who shall be either an 2235). Sections 50.33a, 50.55a and Appendix a production or utilization facility administrative law judge or an atomic Q also issued under sec. 102, Pub. L. 91–190, which is subject to § 51.20(b) of this safety and licensing board established 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. chapter, and is of the type specified in by the Commission or by the Chief Administrative Judge of the Atomic 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, § 50.21(b)(2) or (3) or § 50.22 of this and 50.92 also issued under Pub. L. 97–415, chapter or is a testing facility where one Safety and Licensing Board Panel; and 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 part of the application as described * * * * * also issued under sec. 122, 68 Stat. 939 (42 above is complete and conforms to the I 5. In § 2.105, paragraph (f) is removed U.S.C. 2152). Sections 50.80—50.81 also requirements of part 50 of this chapter. and paragraph (e)(2) is revised to read issued under sec. 184, 68 Stat. 954, as The additional parts will be docketed as follows: amended (42 U.S.C. 2234). Appendix F also upon a determination by the Director of issued under sec. 187, 68 Stat. 955 (42 U.S.C. Nuclear Reactor Regulation or Director § 2.105 Notice of proposed action. 2237). of Nuclear Material Safety and * * * * * I 8. Section 50.8 paragraph (b) is Safeguards, as appropriate, that it is (e) * * * revised to read as follows: complete. (2) If a request for a hearing or a (a–1) Early consideration of site petition for leave to intervene is filed § 50.8 Information collection suitability issues. An applicant for a within the time prescribed in the notice, requirements: OMB approval. construction permit for a utilization the presiding officer who shall be an * * * * *
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(b) The approved information 2. Applications for construction permits liability claims and costs, excluding collection requirements contained in submitted pursuant to this appendix must costs payment of which is not this part appear in §§ 50.30, 50.33, include the information required by §§ 50.33, authorized by section 170o.(1)(D) of the 50.34, 50.34a, 50.35, 50.36, 50.36a, 50.34(a) and 50.34a(a) and (b) and be Act, in excess of that covered by submitted as specified in § 50.4. The 50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, applicant shall also submit the information primary financial protection) for each 50.54, 50.55, 50.55a, 50.59, 50.60, 50.61, required by § 51.50 of this chapter. nuclear reactor which is licensed to 50.62, 50.63, 50.64, 50.65, 50.66, 50.68, operate and which is designed for the * * * * * 50.69, 50.70, 50.71, 50.72, 50.74, 50.75, production of electrical energy and has 50.80, 50.82, 50.90, 50.91, 50.120, and PART 52—EARLY SITE PERMITS; a rated capacity of 100,000 electrical appendices A, B, E, G, H, I, J, K, M, N,O, STANDARD DESIGN kilowatts or more: Provided, however, Q, R, and S to this part. CERTIFICATIONS; AND COMBINED that under such a plan for deferred * * * * * LICENSES FOR NUCLEAR POWER premium charges for each nuclear PLANTS reactor which is licensed to operate, no § 50.33a [Removed] more than $95,800,000 with respect to I 9. Section 50.33a is removed. I 13. The authority citation for part 52 any nuclear incident (plus any I 10. Section 50.80 paragraph (b) is continues to read as follows: surcharge assessed under subsection revised to read as follows: Authority: Sec. 161, 68 Stat. 948, as 170o.(1)(E) of the Act) and no more than amended, sec. 274, 73 Stat. 688 (42 U.S.C. $15,000,000 per incident within one § 50.80 Transfer of licenses. 2201, 2021); sec. 201, 88 Stat. 1242, as calendar year shall be charged. Except * * * * * amended (42 U.S.C. 5841); sec. 1704, 112 that, where a person is authorized to (b) An application for transfer of a Stat. 2750 (44 U.S.C. 3504 note). Sections operate a combination of 2 or more license shall include as much of the 150.3, 150.15, 150.15a, 150.31, 150.32 also nuclear reactors located at a single site, information described in §§ 50.33 and issued under secs. 11e(2), 81, 68 Stat. 923, each of which has a rated capacity of 50.34 of this part with respect to the 935, as amended, secs. 83, 84, 92 Stat. 3033, 100,000 or more electrical kilowatts but 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). identity and technical and financial Section 150.14 also issued under sec. 53, 68 not more than 300,000 electrical qualifications of the proposed transferee Stat. 930, as amended (42 U.S.C. 2073). kilowatts with a combined rated as would be required by those sections Section 150.15 also issued under secs. 135, capacity of not more than 1,300,000 if the application were for an initial 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 electrical kilowatts, each such license. The Commission may require U.S.C. 10155, 10161). Section 150.17a also combination of reactors shall be additional information such as data issued under sec. 122, 68 Stat. 939 (42 U.S.C. considered to be a single nuclear reactor respecting proposed safeguards against 2152). Section 150.30 also issued under sec. for the sole purpose of assessing the hazards from radioactive materials and 234, 83 Stat. 444 (42 U.S.C. 2282). applicable financial protection required the applicant’s qualifications to protect I 14. Section 52.77 is revised to read as under this section. against such hazards. The application follows: * * * * * shall include also a statement of the purposes for which the transfer of the § 52.77 Contents of applications; general Dated at Rockville, Maryland this 11th day of October, 2005. license is requested, the nature of the information. transaction necessitating or making The application must contain all of For the Nuclear Regulatory Commission. desirable the transfer of the license, and the information required by 10 CFR Luis A. Reyes, an agreement to limit access to 50.33, as that section would apply to Executive Director for Operations. Restricted Data pursuant to § 50.37. The applicants for construction permits and [FR Doc. 05–21342 Filed 10–26–05; 8:45 am] Commission may require any person operating licenses. BILLING CODE 7590–01–P who submits an application for license pursuant to the provisions of this PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY section to file a written consent from the DEPARTMENT OF TRANSPORTATION existing licensee or a certified copy of AGREEMENTS Federal Aviation Administration an order or judgment of a court of I 15. The authority citation for part 140 competent jurisdiction attesting to the is revised to read as follows: person’s right (subject to the licensing 14 CFR Part 61 requirements of the Act and these Authority: Secs. 161, 170, 68 Stat. 948, 71 [Docket No. FAA–2004–19630; Amendment regulations) to possession of the facility Stat. 576 as amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as No. 61–109] involved. amended, 1244 (42 U.S.C. 5841, 5842); sec. RIN 2120–AI38 * * * * * 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Pub. L. 109–58. Appendix L to Part 50—[Removed and Second-in-Command Pilot Type Rating Reserved] I 16. In § 140.11, paragraph (a)(4) is revised to read as follows: AGENCY: Federal Aviation I 11. Appendix L to part 50 is removed Administration (FAA), DOT. and reserved. § 140.11 Amounts of financial protection ACTION: Final rule; correction. I 12. In Appendix N to part 50, for certain reactors. paragraph 2, is revised to read as (a) * * * SUMMARY: We are correcting errors in a follows: (4) In an amount equal to the sum of final rule published in the Federal $300,000,000 and the amount available Register on August 4, 2005. That final Appendix N to Part 50— as secondary financial protection (in the rule revised pilot certification Standardization of Nuclear Power Plant form of private liability insurance regulations by establishing a second-in- Designs; Licenses To Construct and available under an industry command (SIC) pilot type rating and Operate Nuclear Power Reactors of retrospective rating plan providing for associated qualifying procedures. We Duplicate Design at Multiple Sites deferred premium charges equal to the are also correcting cross references and * * * * * pro rata share of the aggregate public other minor errors in the pre-existing
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regulations that were inadvertently Description of Corrections application for the SIC pilot type rating’’ carried over. As described below, the FAA is to both paragraphs (d) and (e). This will conform the regulatory text to the DATES: These corrections are effective making non-substantive corrections to the SIC pilot type rating final rule. preamble discussion in the August 4, September 6, 2005. 2005, final rule. In the preamble to the FOR FURTHER INFORMATION CONTACT: John 14 CFR 61.55(a) final rule, we provided examples D. Lynch, Certification and General We are deleting the introductory illustrating that completion of the Aviation Operations Branch, AFS–840, phrase ‘‘Except as provided in required training had to occur within General Aviation and Commercial paragraph (f) of this section.’’ That the 12 calendar months before the Division, Flight Standards Service, phrase erroneously excludes pilots month of application for the SIC pilot Federal Aviation Administration, 800 employed by operators that conduct type rating. This was clearly the intent Independence Avenue, SW., operations under subpart K of part 91, of the final rule, yet the corresponding Washington, DC 20591; telephone (202) parts 121, 125, or 135 from the regulatory language was inadvertently 267–3844 or via the Internet at: requirement to hold a SIC pilot type omitted from the regulatory text. rating. In the preamble of the final rule, [email protected]. 14 CFR 61.55(f) we did not exclude pilots conducting SUPPLEMENTARY INFORMATION: operations under subpart K of part 91, We are amending the introductory parts 121, 125, or 135 from the language of this paragraph to exempt Background requirement to hold the SIC pilot type certain pilots from the familiarization On August 4, 2005, the FAA amended rating when operating an aircraft training requirements of 14 CFR its regulations to provide for issuance of outside U.S. domestic airspace that 61.55(b). This action corrects an error in a pilot type rating for SIC privileges takeoffs or lands in a foreign country. pre-existing 14 CFR 61.55(d) that was when a person completes the SIC pilot The entire purpose for the amendments inadvertently carried over into the under 14 CFR 61.55 was to conform U.S. August 4, 2005, final rule. familiarization training set forth under pilot type rating requirements to the 14 CFR 61.55(b), an FAA-approved SIC Pilots employed by operators that International Civil Aviation training curriculum under 14 CFR parts conduct operations under subpart K of Organization’s (ICAO) pilot type ratings 121 or 135, or a proficiency check under part 91 and parts 121, 125, or 135 do not standards (See ICAO Annex 1, 14 CFR part 125. See 70 FR 45263. The have to complete the SIC familiarization paragraphs 2.1.3.2 and 2.1.4.1.A). This training described under paragraph (b) amendments adopted on August 4, change conforms the regulatory of this section. Instead, pilots that are 2005, are based on a notice of proposed language to the preamble discussion. employed by operators that conduct rulemaking (NPRM) published in the operations under subpart K of part 91 Federal Register on November 16, 2004. 14 CFR 61.55(a)(2) and parts 121, 125, or 135 must comply See 69 FR 67258. We are adding the words ‘‘or with the requirements of paragraph (e) The amendments require pilots acting privilege’’ to acknowledge that those of this section to qualify for a SIC pilot as second in command and who plan to who hold an airline transport pilot type rating. fly outside U.S. domestic airspace and certificate where instrument privileges land in foreign countries to obtain the are inferred also may qualify for the SIC 14 CFR 61.55(i) SIC pilot type rating. The amendments pilot type rating. This action corrects an We are deleting the introductory also established two procedures for error in the pre-existing rule that was phrase ‘‘Except as provided in obtaining the SIC pilot type rating. The inadvertently carried over into the final paragraph (h) of this section.’’ This effective date of the amendments is rule adopted on August 4, 2005. action corrects an error in pre-existing September 6, 2005. The effective date is 14 CFR 61.55(b) 14 CFR 61.55(g) that was inadvertently the date the amendments affect the carried over into the August 4, 2005, We are correcting an erroneous cross final rule, which redesignated paragraph current Code of Federal Regulations. reference in the introductory language (g) as paragraph (i). On September 9, 2005, the FAA of this paragraph to read ‘‘Except as published a final rule establishing a provided in paragraph (e) of this We are adding the phrase ‘‘The compliance date for the SIC pilot type section.’’ By adding the SIC pilot type training required under paragraphs (b) rating final rule. See 70 FR 53560. The rating requirements while retaining and (d) of this section and the training compliance date is June 6, 2006. A some of the original language, the and proficiency check required under compliance date, in contrast to an August 4, 2005, final rule paragraph (e) of this section.’’ This effective date, is the date that those unintentionally created an exception. clarifies that a flight simulator may be affected by the rule must begin to follow Pilots who have satisfactorily completed used in an approved training course it. Thus, pilots acting as a second in a proficiency check or competency conducted by a training center certificated under part 142 of this command and who will be flying check under subpart K of part 91, parts chapter or for the training and outside U.S. domestic airspace and 121, 125, or 135 do not have to complete proficiency check under parts 121 or landing in a foreign country must hold the familiarization training of paragraph 135 of this chapter. This is a non- the appropriate SIC pilot type rating no (b). substantive correction because parts 121 later than June 6, 2006. 14 CFR 61.55(b)(2) and 135 already allow the use of a flight Neither the effective date, nor the We are deleting the cross reference in simulator in an approved training compliance date, of the final rule are the introductory language because it is course and for the required proficiency/ affected by these corrections. These unnecessary. competency check. corrections are effective as if they had been included in the final rule. 14 CFR 61.55(d) and (e) 14 CFR 61.55(j) Accordingly, these corrections have the We are adding the phrase ‘‘provided We are deleting the phrase ‘‘who is same effective date as the final rule, the training was completed within the qualifying under the terms of paragraph September 6, 2005. 12 calendar months before the month of (g) of this section’’ because it is
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unnecessary. We also made editorial Good Cause for Waiving the 30-Day I i. Revise paragraph (j) as set forth changes for the purpose of clarity. Delay in Effective Date below: Under our rules in effect before we We ordinarily provide a 30-day delay § 61.55 Second-in-command adopted the August 4, 2005, final rule, in the effective date of a final rule after qualifications. certain pilots who received SIC training the date of publication in the Federal (a) A person may serve as a second- in an approved flight simulator did not Register. This is to comply with section in-command of an aircraft type have to complete at least one takeoff and 553(d) of the Administrative Procedure certificated for more than one required landing in an aircraft of the type for Act (5 U.S.C. 553(d)). However, we can pilot flight crewmember or in operations which they were seeking the SIC waive the 30-day delay if we find, for requiring a second-in-command pilot qualification. See pre-existing 14 CFR good cause, that the delay is flight crewmember only if that person 61.55(d). The August 4, 2005, final rule impracticable, unnecessary, or contrary holds: to the public interest. We must provide eliminated the exception. This had the * * * * * a statement of the finding and the unintentional effect of requiring the (2) An instrument rating or privilege reasons for it. previously exempt simulator trainees to that applies to the aircraft being flown We find that it is in the public interest if the flight is under IFR; and complete an actual takeoff and landing. to ensure that the August 4, 2005, final This is a significant new requirement— rule accurately reflects the SIC pilot * * * * * (b) Except as provided in paragraph one that we could not undertake type rating requirements. A delay in the (e) of this section, no person may serve without giving the public adequate effective date of these corrections would as a second-in-command of an aircraft notice and opportunity to comment. be contrary to the public interest. We type certificated for more than one Thus, this correction adds a sentence to also find that it is in the public interest required pilot flight crewmember or in paragraph (j) of § 61.55 to re-establish to apply the changes in the correction operations requiring a second-in- the pre-existing exception. Pilots who notice retroactively to September 6, command unless that person has within complete a proficiency check under part 2005, the effective date of the August 4, the previous 12 calendar months: 121 (i.e., § 121.441) or competency 2005, final rule. There is a limited check under subpart K, part 91 (i.e., amount of time available for affected * * * * * (2) Except as provided in paragraph § 91.1065), part 125 (i.e., § 125.287), or pilots to comply with the final rule. The (g) of this section, performed and logged part 135 (i.e., § 135.293) do not have to compliance date is June 6, 2006. Any further delay in the effective date of pilot time in the type of aircraft or in a complete a takeoff and landing in an flight simulator that represents the type aircraft of the type for which they seek these changes would reduce the amount of time available. of aircraft for which second-in- the SIC qualification. command privileges are requested, Good Cause for Foregoing Public Notice List of Subjects in 14 CFR Part 61 which includes— and Comment Aircraft, Airmen, Aviation safety, and * * * * * Reporting and recordkeeping (d) A person may receive a second-in- We ordinarily publish a notice of requirements. command pilot type rating for an proposed rulemaking in the Federal aircraft after satisfactorily completing Register to provide a period for public The Amendment the second-in-command familiarization comment before a rule takes effect. This I For the reasons stated above, the training requirements under paragraph is to comply with section 553(b) of the Federal Aviation Administration (b) of this section in that type of aircraft Administrative Procedure Act (5 U.S.C. amends Chapter I of Title 14 of the Code provided the training was completed 553(b)). However, we can waive the of Federal Regulations as follows: within the 12 calendar months before public notice and comment procedure if the month of application for the SIC we find, for good cause, that the notice PART 61—CERTIFICATION: PILOTS, pilot type rating. The person must and comment process is impracticable, FLIGHT INSTRUCTORS, AND GROUND comply with the following application INSTRUCTORS unnecessary, or contrary to the public and pilot certification procedures: interest. We must provide a statement of I 1. The authority citation for part 61 * * * * * the finding and the reasons for it. continues to read as follows: (e) A person may receive a second-in- command pilot type rating for the type The SIC pilot type rating requirements Authority: 49 U.S.C. 106(g), 40113, 44701– of aircraft after satisfactorily completing under the August 4, 2005, final rule 44703, 44707, 44709–44711, 45102–45103, 45301–45302. an approved second-in-command were subject to notice and comment training program, proficiency check, or procedures. This correction notice I 2. Amend § 61.55 as follows: competency check under subpart K of makes changes to conform the I a. Revise the introductory language of part 91, part 121, part 125, or part 135, regulatory text to the requirements paragraph (a) as set forth below; as appropriate, in that type of aircraft described in the preamble of the August I b. Revise paragraph (a)(2) as set forth provided the training was completed 4, 2005, final rule. This correction below; within the 12 calendar months before I notice also changes incorrect references c. Revise the introductory language of the month of application for the SIC and corrects errors in the pre-existing paragraph (b) as set forth below; pilot type rating. The person must I d. Revise the introductory language of regulations that were inadvertently comply with the following application paragraph (b)(2) as set forth below; carried over. This correction notice is I e. Revise the introductory language of and pilot certification procedures: intended to ensure that the August 4, paragraph (d) as set forth below; * * * * * 2005, final rule accurately reflects the I f. Revise the introductory language of (f) The familiarization training SIC pilot type rating requirements. paragraph (e) as set forth below; requirements of paragraph (b) of this Therefore, we find it unnecessary to I g. Revise the introductory language of section do not apply to a person who is: undertake further notice and comment paragraph (f) as set forth below; * * * * * procedures with respect to this I h. Revise paragraph (i) as set forth (i) The training under paragraphs (b) correction notice. below; and and (d) of this section and the training,
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proficiency check, and competency Issued in Washington, DC, on October 21, payment of certain existing cost check under paragraph (e) of this 2005. recovery fees that would be paid to section may be accomplished in a flight Rebecca B. MacPherson, MMS. simulator that is used in accordance Assistant Chief Counsel, Regulations Division, Office of the Chief Counsel. EFFECTIVE DATE: This regulation is with an approved training course effective on October 27, 2005. conducted by a training center [FR Doc. 05–21463 Filed 10–26–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: certificated under part 142 of this BILLING CODE 4910–13–P Angela Mazzullo, Offshore Minerals chapter or under subpart K of part 91, Management (OMM) Budget Office at part 121 or part 135 of this chapter. DEPARTMENT OF THE INTERIOR (703) 787–1691. (j) When an applicant for an initial SUPPLEMENTARY INFORMATION: second-in-command qualification for a Minerals Management Service particular type of aircraft receives all the Background training in a flight simulator, that 30 CFR Parts 250 and 256 MMS regulations currently charge applicant must satisfactorily complete RIN 1010–AD27 cost recovery fees to lessees of Federal one takeoff and one landing in an offshore oil and gas leases to offset the aircraft of the same type for which the Oil, Gas, and Sulphur Operations and bureau’s operating costs for specific qualification is sought. This Leasing in the Outer Continental Shelf administrative services provided to a requirement does not apply to an (OCS)—Waiver of Fees particular lessee. These include pipeline applicant who completes a proficiency right-of-way (ROW) grant applications, AGENCY: Minerals Management Service check under part 121 or competency (MMS), Interior. conversion of lease term pipelines to check under subpart K, part 91, part ROW pipelines, pipeline ROW ACTION: Final rule; waiver of fees. 125, or part 135 for the particular type assignments, record title/operating of aircraft. SUMMARY: In light of the interruption of rights transfers, and filing of non- operations of the MMS Gulf of Mexico required documents. Region (GOMR) in the wake of Under current rules, these fees are Hurricanes Katrina and Rita, this rule established at the following rates under waives until January 3, 2006, the the following regulations:
Pipeline ROW grant application ...... $2,350 30 CFR 250.1015(a). Conversion of lease term pipeline to ROW pipeline ...... 300 30 CFR 250.1015(a). Pipeline ROW assignment ...... 60 30 CFR 250.1018(b). Record title/operating rights transfer ...... 185 30 CFR 256.64(a)(8). Non-required document filing ...... 25 30 CFR 256.64(a)(8). On August 29, 2005, Hurricane either MMS’ Pacific Region office or be changed or affected through public Katrina came ashore on the Gulf of MMS’ Alaska Region office, the comment, and the need to suspend the Mexico coast. The resultant flood of the computers that handle these payments operation of the cost recovery City of New Orleans, Louisiana, forced are integrated with the GOMR office provisions is immediate. the evacuation of the city and areas in computers. Consequently MMS is The Administrative Procedure Act, at the immediate vicinity. The evacuation temporarily unable to process payments 5 U.S.C. 553(d) further provides: area included MMS’ GOMR office in that would be made to those offices. Metairie, Louisiana. MMS has not been (d) The required publication or service of Immediate Final Rule able to re-occupy the GOMR office and a substantive rule shall be made not less than will not be able to do so for some time. Because the MMS presently cannot 30 days before its effective date, except— While MMS GOMR personnel have receive or handle cost recovery fee (1) A substantive rule which grants or resumed certain essential operations payments from lessees until it is able to recognizes an exemption or relieves a and services at a new temporary restore or replace that part of its restriction; location in Houston, Texas, it is not operations, MMS is suspending the (2) Interpretative rules and statements of possible to restore all functions and operation of the provisions identified policy; or systems in that location in the above until January 3, 2006. (3) As otherwise provided by the agency immediate future. In addition, many The Administrative Procedure Act, at for good cause found and published with the MMS employees in the GOMR office 5 U.S.C. 553(b), requires an agency to rule. publish a proposed rule and seek public have suffered severe property loss and As explained above, the need to comment before promulgating a final personal and family dislocation, and suspend the operation of the cost rule, except will not be able to return to work recovery provisions is immediate and immediately. When Hurricane Rita (B) when the agency for good cause finds arises in much less than 30 days. MMS struck the Louisiana/Texas coast in (and incorporates the finding and a brief operations would be unnecessarily September 2005, it further exacerbated statement of reasons therefor in the rules hindered if MMS were not to make this these problems. issued) that notice and public procedure rule effective immediately. Therefore, Among the operations that have been thereon are impracticable, unnecessary, or MMS for good cause finds that this rule disrupted as a result of the hurricanes contrary to the public interest. and the closure of the GOMR office in Under this provision, MMS for good should take effect immediately. Metairie, is the collection and cause finds that notice and public If the GOMR office is not able to disposition of, and proper accounting comment on this rulemaking is restore normal operations by January 3, for, cost recovery fees, including the impracticable, unnecessary, and 2006, MMS may consider extending the fees identified above. Because very few contrary to the public interest. The suspension of the cost recovery of the documents identified are filed in GOMR office’s current situation cannot provisions.
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Procedural Matters January 3, 2006 is between $400,000 Federalism (Executive Order 13132) and $500,000. Regulatory Planning and Review With respect to E.O.13132, the rule (Executive Order (E.O.) 12866) Comments are important. The SBA will not have Federalism implications. Regulatory Enforcement Ombudsman This document is not a significant It will not substantially and directly and 10 Regional Fairness Boards were rule as determined by the Office of affect the relationship between the established to receive comments from Management and Budget (OMB) and is Federal and State governments. To the small business about federal agency not subject to review under E.O. 12866. extent that State and local governments (1) This rule will not have an annual enforcement actions. The Ombudsman have a role in OCS activities, this effect of $100 million or more on the will annually evaluate the enforcement change will not affect that role. economy. It will not adversely affect in activities and rate each agency’s responsiveness to small business. If you Civil Justice Reform (Executive Order a material way the economy, 12988) productivity, competition, jobs, the wish to comment on the actions of environment, public health or safety, or MMS, call 1–888–734–3247. You may With respect to E.O. 12988, the Office State, local, or tribal governments or comment to the SBA without fear of of the Solicitor has determined that this communities. This rule waives for a retaliation. Disciplinary action for rule will not unduly burden the judicial limited time certain fees previously retaliation by an MMS employee may system, and meets the requirements of established based on cost recovery include suspension or termination from Sections 3(a) and 3(b)(2) of the E.O. employment with the DOI. principles. Paperwork Reduction Act (PRA) of 1995 (2) This rule will not create a serious Small Business Regulatory Enforcement This rulemaking relates to 30 CFR inconsistency or otherwise interfere Fairness Act (SBREFA) with an action taken or planned by part 250, subpart J and to 30 CFR part another agency because the costs This is not a major rule under the 256, subpart J. The rulemaking affects incurred are for specific MMS services SBREFA (5 U.S.C. 804(2)). This rule: the information collections for these and other agencies are not involved in regulations but will not change the (a) Does not have an annual effect on approved burden hours, just the these aspects of the OCS program. the economy of $100 million or more. (3) This rule will not alter the associated fees. Therefore, OMB has budgetary effects of entitlements, grants, (b) Will not cause a major increase in determined that there is no change in user fees, or loan programs or the rights costs or prices for consumers, the information collection and that or obligations of their recipients. This individual industries, Federal, State, or MMS does not need to make a formal change will have no effect on the rights local government agencies, or submission by Form OMB 83–I for this of the recipients of entitlements, grants, geographic regions. rulemaking. user fees, or loan programs. The fees (c) Will not have significant adverse OMB has approved the information waived by this rule are service fees effects on competition, employment, collections for the affected regulations based on cost recovery, and not user investment, productivity, innovation, or as 30 CFR part 250, subpart J, 1010– fees. the ability of U.S.-based enterprises to 0050 and 30 CFR part 256, subpart J, (4) This rule will not raise novel legal compete with foreign-based enterprises. 1010–0006. An agency may not conduct or policy issues. Leasing on the U.S. OCS is limited to or sponsor, and a person is not required to respond to, a collection of Regulatory Flexibility Act (RFA) residents of the U.S. or companies incorporated in the U.S. This rule does information unless it displays a MMS certifies that this rule will not not change that requirement. currently valid OMB control number. have a significant economic effect on a Unfunded Mandates Reform Act National Environmental Policy Act substantial number of small entities (NEPA) of 1969 under the RFA (5 U.S.C. 601 et seq.). (UMRA) of 1995 This change will affect lessees and The MMS has determined that this operators of leases in the OCS. This This rule will not impose an rule is administrative and involves includes about 130 Federal oil and gas unfunded mandate on State, local, or changes addressing fee requirements. lessees and 115 holders of pipeline tribal governments or the private sector Therefore, it is categorically excluded rights-of-way. Small lessees that operate of more than $100 million per year. The from environmental review under under this rule will fall under the Small rule will not have a significant or section 102(2)(C) of the NEPA, pursuant Business Administration’s (SBA) North unique effect on State, local, or tribal to 516 DM 2.3A and 516 DM 2, American Industry Classification governments or the private sector. A Appendix 1, Item 1.10. System Codes (NAICS) 211111, Crude statement containing the information In addition, the rule does not meet Petroleum and Natural Gas Extraction required by the UMRA (2 U.S.C. 1531 et any of the 10 criteria for exceptions to and 213111, Drilling Oil and Gas Wells. seq.) is not required. This is because the categorical exclusions listed in 516 DM For these NAICS code classifications, a rule will not affect State, local, or tribal 2, Appendix 2. Pursuant to Council on small company is one with fewer than governments, and the effect on the Environmental Quality regulations (40 500 employees. Based on these criteria, private sector is small. CFR 1508.4) and the environmental an estimated 70 percent of these Takings Implication Assessment policies and procedures of the companies are considered small. This (Executive Order 12630) Department of the Interior, the term rule, therefore, affects a substantial ‘‘categorical exclusions’’ means number of small entities. With respect to E.O. 12630, the rule categories of actions which do not This rule will not materially affect will not have significant takings individually or cumulatively have a entitlements, grants, user fees, loan implications. A Takings Implication significant effect on the human programs, or the rights and obligations Assessment is not required. The environment and which have no such of their recipients. MMS is simply rulemaking is not a governmental action effect in procedures adopted by a waiving certain service-based fees, not capable of interfering with Federal agency and therefore require increasing them. The total estimated fee constitutionally protected property neither an environmental assessment revenue MMS would waive until rights. nor an environmental impact statement.
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Effects on the Nation’s Energy Supply List of Subjects in 30 CFR Part 256 documents not required to be filed are (Executive Order 13211) Administrative practice and suspended until January 3, 2006. E.O. 13211 requires the agency to procedure, Continental shelf, * * * * * prepare a Statement of Energy Effects Environmental protection, Government [FR Doc. 05–21281 Filed 10–26–05; 8:45 am] when it takes a regulatory action that is contracts, Intergovernmental relations, BILLING CODE 4310–MR–P identified as a significant energy action. Oil and gas exploration, Public lands— This rule is not a significant energy mineral resources, Public lands—rights- action, and therefore does not require a of-way, Reporting and recordkeeping DEPARTMENT OF THE INTERIOR Statement of Energy Effects, because it: requirements, Surety bonds. National Park Service (1) Is not a significant regulatory Dated: October 17, 2005. action under E.O. 12866, Chad Calvert, 36 CFR Part 7 (2) Is not likely to have a significant Acting Assistant Secretary—Land and adverse effect on the supply, Minerals Management. RIN 1024—AC93 distribution, or use of energy, and I For the reasons explained in the Pictured Rocks National Lakeshore, (3) Has not been designated by the preamble, MMS amends 30 CFR parts Personal Watercraft Use Administrator of the OIRA, OMB, as a 250 and 256 as follows: significant energy action. AGENCY: National Park Service, Interior. ACTION: Consultation and Coordination With PART 250—OIL AND GAS AND Final rule. Indian Tribal Governments (Executive SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF SUMMARY: This final rule designates Order 13175) areas where personal watercraft (PWC) In accordance with E.O. 13175, this I 1. The authority citation for part 250 may be used in Pictured Rocks National rule will not have tribal implications continues to read as follows: Lakeshore, Michigan. This final rule that impose substantial direct Authority: 43 U.S.C. 1331 et seq. implements the provisions of the compliance costs on Indian tribal National Park Service (NPS) general I governments. 2. Section 250.1015 is amended by regulations authorizing parks to allow adding a new paragraph (e) as follows: the use of PWC by promulgating a Clarity of This Regulation special regulation. The NPS § 250.1015 Applications for pipeline rights- E.O. 12866 requires each agency to of-way grants. Management Policies 2001 require write regulations that are easy to individual parks to determine whether * * * * * PWC use is appropriate for a specific understand. We invite your comments (e) Notwithstanding the provisions of on how to make this rule easier to park area based on an evaluation of that paragraph (a) of this section, the area’s enabling legislation, resources understand, including answers to requirements to pay filing fees under questions such as the following: and values, other visitor uses, and that paragraph are suspended until overall management objectives. (1) Are the requirements in the rule January 3, 2006. DATES: clearly stated? This rule is effective October 27, I 3. Section 250.1018 is amended by 2005. (2) Does the rule contain technical adding a new paragraph (c) as follows: ADDRESSES: Mail inquiries to language or jargon that interferes with Superintendent, Pictured Rocks its clarity? § 250.1018 Assignment of pipeline right-of- way grants. National Lakeshore, N8391 Sand Point (3) Does the format of the rule Road, P.O. Box 40, Munising, Michigan (grouping and order of sections, use of * * * * * (c) Notwithstanding the provisions of 49862–0040. E-mail to headings, paragraphing, etc.) aid or [email protected]. reduce its clarity? paragraph (b) of this section, the FOR FURTHER INFORMATION CONTACT: Jerry (4) Is the description of the rule in the requirement to pay a filing fee under that paragraph is suspended until Case, Regulations Program Manager, SUPPLEMENTARY INFORMATION section of National Park Service, 1849 C Street, this preamble helpful in understanding January 3, 2006. NW., Room 7241, Washington, DC the rule? What else can we do to make PART 256—LEASING OF SULPHUR OR 20240. Phone: (202) 208–4206. E-mail: the rule easier to understand? OIL AND GAS IN THE OUTER [email protected]. Send a copy of any comments that CONTINENTAL SHELF concern how we could make this rule SUPPLEMENTARY INFORMATION: easier to understand to: Office of I 4. The authority for part 256 Background Regulatory Affairs, Department of the continues to read as follows: Personal Watercraft Regulation Interior, Room 7229, 1849 C Street, Authority: 43 U.S.C. 1331 et seq., 42 U.S.C. NW., Washington, DC 20240. You may 6213. On March 21, 2000, the National Park also e-mail the comments to this Service published a regulation (36 CFR address: [email protected]. I 5. Section 256.64 is amended by 3.24) on the management of personal adding a new paragraph (a)(9) as List of Subjects in 30 CFR Part 250 watercraft (PWC) use within all units of follows: the national park system (65 FR 15077). Continental shelf, Environmental * * * * * This regulation prohibits PWC use in all impact statements, Environmental (a) * * * national park units unless the NPS protection, Government contracts, (9) Notwithstanding the provisions of determines that this type of water-based Investigations, Oil and gas exploration, paragraph (a)(8) of this section, the recreational activity is appropriate for Penalties, Pipelines, Public lands— requirements to pay a filing fee in the specific park unit based on the mineral resources, Public lands—right- connection with any application for legislation establishing that park, the of-way, Reporting and recordkeeping approval of any instrument of transfer park’s resources and values, other requirements, Sulphur. and to pay a fee in connection with visitor uses of the area, and overall
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management objectives. The regulation utilization of the inland buffer zone’s may deem necessary or proper for the prohibits PWC use in all park units renewable resources. use and management of the parks effective April 20, 2000, except a ***’’. Significance of Pictured Rocks National limited exception was provided for 21 Lakeshore 16 U.S.C. 1a–1 states, ‘‘The parks, lakeshores, seashores, and authorization of activities shall be recreation areas. The regulation As stated in the national lakeshore’s conducted in light of the high public established a 2-year grace period Draft General Management Plan/ value and integrity of the National Park following the final rule publication to Wilderness Study/Environmental System and shall not be exercised in give these 21 park units time to consider Impact Statement, Pictured Rocks derogation of the values and purposes whether PWC use should be allowed. National Lakeshore is significant for which these various areas have been Accordingly, on April 22, 2002, because: established * * *’’. Pictured Rocks National Lakeshore 1. Pictured Rocks National Lakeshore As with the United States Coast closed for PWC use. preserves and affords public access to a Guard, NPS’s regulatory authority over spectacular and diverse segment of the waters subject to the jurisdiction of the Description of Pictured Rocks National Lake Superior shoreline. Lakeshore United States, including navigable 2. Unmatched in their scenic value, waters and areas within their ordinary Pictured Rocks National Lakeshore is the 200-foot high Pictured Rocks cliffs reach, is based upon the Property and situated in the north-central section of rise perpendicularly from Lake Commerce Clauses of the U.S. Michigan’s Upper Peninsula, along the Superior, creating a rock mosaic of form, Constitution. In regard to the NPS, southern shore of Lake Superior. The color, and texture, which is enhanced Congress in 1976 directed the NPS to eastern half of the Upper Peninsula is by cascading waterfalls. Grand Sable ‘‘promulgate and enforce regulations bounded by Lakes Superior, Michigan, Dunes, perched atop 300-foot-high sand concerning boating and other activities and Huron. There are a variety of other banks above Lake Superior, is one of on or relating to waters within areas of national parks in the upper Great Lakes, two perched dune systems on the Great the National Park System, including including Apostle Islands National Lakes; within these dunes live unique waters subject to the jurisdiction of the Lakeshore and Isle Royale National Park plant communities resulting from United States * * *’’ (16 U.S.C. 1a– on Lake Superior, and Sleeping Bear geomorphic processes. 2(h)). In 1996 the NPS published a final 3. Twelve miles of unspoiled and Dunes and Indiana Dunes National rule (61 FR 35136, July 5, 1996) undeveloped Lake Superior beach Lakeshores on Lake Michigan. Canadian amending 36 CFR 1.2(a)(3) to clarify its contrast with the Pictured Rocks cliffs provincial parks are also located on authority to regulate activities within and Grand Sable Dunes. Lake Superior. the National Park System boundaries The national lakeshore stretches from 4. Bedrock geology and glacial landforms provide significant occurring on waters subject to the Munising to Grand Marais, jurisdiction of the United States. approximately 40 miles to the northeast. topographic relief marked by streams, The shoreline consists of narrow sandy inland lakes, and a diversity of PWC Use at Pictured Rocks National beaches, sandstone cliffs, and a perched associated vegetation. Lakeshore 5. The shoreline offers extraordinary sand dune system. The sandy shoreline and inspirational scenic vistas of Lake PWC use in Pictured Rocks National is susceptible to erosion from natural Superior, which has the largest surface Lakeshore began around 1990. Before weather conditions. area of any fresh water lake on earth. the ban, use was only allowed on Lake Pictured Rocks National Lakeshore 6. Pictured Rocks National Lakeshore Superior, and it was relatively low. was authorized in 1966. The lakeshore offers a variety of affordable year-round Restrictions on inland lakes precluded is noted for its multicolored sandstone recreational opportunities for PWC use on those lakes. Pictured Rocks cliffs, beaches, sand dunes, waterfalls, appropriate public use. National Lakeshore has jurisdiction on inland lakes, wildlife, and forested 7. Within a distinct area, the the surface water of Lake Superior shoreline. Attractions include a lakeshore contains a spectrum of extending 0.25 mile from the shoreline. lighthouse and former Coast Guard cultural resources focused on the This final rule would only apply to the lifesaving stations, along with old human use of Lake Superior and its waters under the lakeshore’s farmsteads and orchards. The lakeshore shoreline. jurisdiction. In addition, Michigan’s is a year-round recreational destination 8. Lying in a transition zone between Personal Watercraft Safety Act of 1998 where hiking, camping, hunting, nature boreal and eastern hardwood forest, the (Public Act 116) stipulates regulations study, and winter activities abound. lakeshore’s scientifically recognized for PWC use. One of the regulations is that personal watercraft cannot operate Purpose of Pictured Rocks National assemblage of flora and fauna is within 200 feet of the shoreline unless Lakeshore representative of associations unique to the Lake Superior Basin. traveling perpendicular to shoreline at As formulated during the Pictured 9. Pictured Rocks National Lakeshore no-wake speed. Rocks National Lakeshore general is the only national park system area Before the ban, PWC operation on management planning process, the with a legislated buffer zone. Lake Superior was concentrated purpose of the national lakeshore between Sand Point and Chapel Beach, includes the following: Authority and Jurisdiction along the Lake Superior shoreline. The • Preserve a portion of the Great Under the National Park Service’s eastern side of the park had little PWC Lakes shoreline for its geographic, Organic Act of 1916 (Organic Act) (16 use. Rivers and streams within Pictured scientific, scenic, and historic features, U.S.C. 1 et seq.) Congress granted the Rocks National Lakeshore are not and its associated ecological processes. NPS broad authority to regulate the use accessible to personal watercraft due to • Provide opportunities for public of the Federal areas known as national extremely small size, shallow depths, benefit in recreation, education, parks. In addition, the Organic Act (16 and rocky bottoms. On inland lakes enjoyment, and inspiration. U.S.C. 3) allows the NPS, through the within the Lakeshore boundaries, the • Protect the character and use of the Secretary of the Interior, to ‘‘make and size of powerboat engines is restricted to shoreline zone while allowing economic publish such rules and regulations as he two- and four-stroke internal
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combustion engines of 50 hp or less, mid or late afternoon. State regulations 0040. A copy of the Environmental essentially eliminating PWC use. restrict operations to the hours of 8 a.m. Assessment and the errata sheet may Before the ban was imposed, most to one hour before sunset. Most PWC also be found at http://www.nps.gov/ PWC users at the park were from within users cruised and sometimes raced piro/pwc/pwc.htm. 100 miles of the lakeshore. Based on along the shoreline, explored the rock The purpose of the environmental staff observations, some users came cliffs up close, jumped the wakes of tour assessment was to evaluate a range of from other parts of Michigan, boats (which make 4–5 foot swells), and alternatives and strategies for the Wisconsin, and Minnesota, and perhaps traveled to beach destinations and spent management of PWC use at Pictured Ohio and Illinois. There are many other the day or afternoon on the beach. Rocks National Lakeshore to ensure the areas for water-based recreation in this Fewer PWC users assembled in protection of park resources and values portion of the Upper Peninsula, pontoons and did short trips or went to while offering recreational opportunities including State parks, national forests, beach areas. A very small number may as provided for in the National and other lakes with public access. Such have done day trips between Munising Lakeshore’s enabling legislation, areas include other portions of Lake and Grand Marais (40+ miles). Only a purpose, mission, and goals. The Superior (excluding the shore of Grand few users asked about PWC camping assessment assumed alternatives would Island), many lakes within the Escanaba opportunities. be implemented beginning in 2002 and River and Lake Superior State Forests, Before the ban, PWC users were considered a 10-year period, from 2002 several lakes within the Hiawatha distributed throughout the lakeshore. to 2012. National Forest, Manistique Lake, South According to NPS staff, most personal The environmental assessment Manistique Lake, and Lake Michigan. watercraft were operated on the west evaluated three alternatives addressing To document actual PWC use and to end of the lakeshore. This is consistent the use of personal watercraft at provide peak usage information, staff with the launch locations and predicted Pictured Rocks National Lakeshore. The conducted a survey at the Sand Point launch numbers. Few PWC operators errata sheet modified one of the launch July 4–8, 2001. During the five- traveled the entire length of the alternatives, Alternative B. Each day survey, small craft warnings lakeshore due to the long distance, alternative is described below: prohibited personal watercraft on two rough waters, and potential for changing Alternative A—Under alternative A, days. PWC use for the remaining three weather. PWC use would continue as was days ranged from 8 to 13 personal Generally, there is very little provided and managed within Pictured watercraft each day. Thus, the peak information specific to visitor concerns Rocks National Lakeshore before the number of personal watercraft that were about PWC use. Visitor surveys were ban. PWC use would be unrestricted on operating before the ban in the conducted for the winter of 1999–2000 Lake Superior from the lakeshore’s 0.25- lakeshore was 13 per day—6.6 from the and for the summer of 2000 (with mile jurisdictional boundary to the Sand Point launch and 6.6 from the questions specific to PWC use in the lakeshore’s shoreline. Launch and Munising boat ramp. national lakeshore). A majority of the retrieval of personal watercraft would be Before the ban, because personal respondents to the survey supported or permitted only at the Sand Point boat watercraft were also launched from the strongly supported restricting PWC use ramp on Lake Superior. PWC users Munising boat ramp on the west end of to designated areas. No PWC accidents would be able to land anywhere along the lakeshore, the city was contacted to have been observed or reported to NPS the shoreline. PWC users would determine launch numbers. However, staff. Five incident reports have been continue to abide by Michigan’s specific data were not available. Based documented, one for operating too close Personal Watercraft Safety Act of 1998 on discussions with lakeshore staff, the to other motorcraft, two for operating (Public Act 116) and related regulations. number of personal watercraft launched too close to swimmers, and two for Alternative B—Alternative B was from Munising was assumed to be the operating illegally on inland lakes. modified by the errata dated October same as the number launched from There are no observations or reports 2003. Under the modified alternative B, Sand Point. Based on the analysis of the related to natural resource concerns. PWC use would be allowed to operate survey and assumptions, 6.6 personal on the waters of Lake Superior within Notice of Proposed Rulemaking and watercraft would be launched from the the boundaries of Pictured Rocks Environmental Assessment Munising boat ramp each day during National Lakeshore from the western July and August weekends. All of these On November 15, 2004, the National boundary of the lakeshore up to the east personal watercraft would likely travel Park Service published a Notice of end of Miners Beach. within the lakeshore’s jurisdiction. Proposed Rulemaking (NPRM) for the PWC use would be allowed under the Grand Marais, on the east end of the operation of PWC at Pictured Rocks following conditions: Personal lakeshore, also has boat launch National Lakeshore (69 FR 65556). The watercraft may only be launched from a facilities. According to city staff, very proposed rule for PWC use was based designated launch site at Sand Point, few personal watercraft are launched— on alternative B (one of three PWC users may beach their craft only at perhaps 12 all summer, for an average alternatives considered) in the Sand Point Beach and Miners Beach, of 1 personal watercraft every seven Environmental Assessment (EA) and PWC users may not launch or days. This analysis assumes that on prepared by NPS for Pictured Rocks operate in any other area of the average no personal watercraft would be National Lakeshore. The environmental lakeshore. The superintendent of the launched from Grand Marais during July assessment was available for public park may temporarily limit, restrict, or and August. review and comment for the period terminate access to areas designated for The low PWC numbers are primarily August 1 through November 15, 2002. PWC use after taking into consideration a result of the cold water temperature, An errata sheet was prepared to address public health and safety, natural and cool ambient air temperature, the changes to alternative B, the cultural resource protection, and other changeable weather conditions, and preferred alternative. To request a copy management activities and objectives. heavy winds and wave action. The of the document and the errata sheet PWC use would be restricted at specific average PWC trip within Pictured Rocks contact Superintendent, Pictured Rocks locations during the permitted use of National Lakeshore lasted between three National Lakeshore, N8391 Sand Point ethnographic resources. Boat patrols and five hours, from mid morning to Road, P.O. Box 40, Munising, MI 49862– would be conducted in the vicinity of
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the ethnographic resource use in order NPS Response: Where data was because a reasonable range of to reduce the potential for PWC-related lacking, best professional judgment alternatives was not evaluated. intrusion into the ceremonial activity. prevailed, using assumptions and NPS Response: A summary of the PWC users would continue to abide by extrapolations from scientific literature, personal watercraft litigation is Michigan’s Personal Watercraft Safety other park units where personal contained under ‘‘Personal Watercraft Act of 1998 (Public Act 116) and related watercraft (PWC) are used, and personal Regulatory Framework’’ in the ‘‘Purpose regulations, as identified in alternative observations of park staff. The NPS and Need’’ chapter of the EA. The NPS A. This alternative would allow PWC believes that the EA is in full had to comply with the court order, use along the Lake Superior shoreline compliance with the court-ordered which resulted from Bluewater v. within the western end of the park, settlement and that the Finding of No Stanton, and assess the impacts of covering approximately 8 miles of Significant Impact (FONSI) shows that personal watercraft on those resources shoreline. The numbers of personal modified alternative B (Continued PWC specified by the judge, as well as other watercraft would not be restricted. use under special NPS regulation with resources that could be affected. NPS No-Action Alternative—Under the no- management restrictions) is the believes a reasonable range of action alternative, the National Park preferred alternative and that decision alternatives was evaluated. After Service would take no action to has been adequately analyzed and analyses were done for every applicable reinstate the use of personal watercraft explained. impact topic with the best available data at Pictured Rocks National Lakeshore 2. The American Land Alliance and input from the public was analyzed, and no special rule would be suggested that the EA fails to analyze Pictured Rocks National Lakeshore promulgated to continue personal the surrounding opportunities for PWC management selected modified watercraft use. Under this alternative, use in the Upper Peninsula, because alternative B as its preferred alternative. NPS would continue to prohibit there are ample opportunities outside Implementation of Alternative B in the personal watercraft use at Pictured the park for PWC use, including state final rule will allow PWC use west of Rocks National Lakeshore begun on and private lands. Miners Beach. NPS Response: The location of nearby 5. Several commenters stated that April 22, 2002. launching facilities is described in allowing PWC use with additional As stated in the NPRM, alternative B several sections of the EA and includes restrictions violates the park’s enabling is the park’s preferred alternative the Munising boat ramp and Grand legislation and NPS mandate to protect because it best fulfills the park Marais public launch, as well as the resources from harm. responsibilities as trustee of the lakeshore’s Sand Point launch. The EA NPS Response: No part of the sensitive habitat; ensures safe, healthful, notes that there are many other areas for settlement agreement or NPS analysis of productive, and aesthetically and water-based recreation in the central PWC use has violated or overturned culturally pleasing surroundings; and Upper Peninsula, including state parks, Pictured Rocks National Lakeshore’s attains a wider range of beneficial uses national forests, and other lakes with enabling legislation. Both the personal of the environment without degradation, public access (See page 51 of the EA, watercraft settlement agreement and the risk of health or safety, or other Affected Environment—Visitor Use and authorizing legislation for Pictured undesirable and unintended Experience). There is a text change on Rocks National Lakeshore were consequences. This final rule contains the errata sheet adding other areas considered when developing regulations to implement alternative B available for water-based recreation. alternatives for the EA. The objective of at Pictured Rocks National Lakeshore. 3. One commenter stated that the the EA, as described in the ‘‘Purpose Summary of Comments labeling of the alternative prohibiting and Need’’ chapter of the EA, was PWC as the ‘‘no-action alternative’’ is derived from the enabling legislation for A proposed rule was published in the misleading since PWC have been used Pictured Rocks National Lakeshore. As Federal Register for public comment on without restriction for many years at the further stated in this chapter, a special November 15, 2004, with the comment lakeshore. The commenter suggested analysis on the management of personal period lasting until January 14, 2005 (69 issuing a revised EA with a clear watercraft was also provided under each FR 65556). The National Park Service designation of a No PWC alternative, alternative to meet the terms of the (NPS) received 600 timely written and providing a new comment period settlement agreement between responses regarding the Environmental after the revised EA is released. Bluewater Network and the NPS. Assessment (EA) and proposed NPS Response: The NPS Director’s As a result, the alternatives presented regulation. Of the responses, 387 were Order #12 states that a full range of in the EA protect resources and values form letters in 6 different formats, and alternatives must be examined and that while providing recreational 213 were separate letters. Of the 213 ‘‘the alternatives carried forward for opportunities at Pictured Rocks separate letters, 202 were from analysis must meet project objectives to National Lakeshore. As required by NPS individuals, 8 from organizations, one a large degree, although not necessarily policies, the impacts associated with from a congressional affiliation, and 2 completely.’’ Under a full range of personal watercraft and other from government agencies. Within the alternatives, the no-action alternative is recreational uses are evaluated under following discussion, the term developed as a viable choice in the each alternative to determine the ‘‘commenter’’ refers to an individual, range of alternatives and it sets a potential for impairment to park organization, or public agency that baseline of existing impact continued resources. The NPS finds that responded. The term ‘‘comments’’ refers into the future against which to compare implementation of the modified to statements made by a commenter. impacts of action alternatives. The No- preferred alternative (alternative B) in General Comments Action alternative is a continuation of the final rule will not result in existing conditions and activities, which impairment of park resources and 1. One commenter stated that the at the time the environmental analyses values for which the Pictured Rocks Environmental Assessment (EA) failed were being conducted was a ban on National Lakeshore was established. to use the best data available and picked personal watercraft. 6. One commenter suggested that the alternative B without adequate scientific 4. Two commenters stated that the EA EA does not comply with the court justification. fails to meet the requirements of NEPA settlement with Bluewater Network, and
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is out of compliance with the the Organic Act by sacrificing full the park, discussions with staff, as well agreement. protection of park resources if PWC use as discussions with the Cities of NPS Response: A summary of the NPS is allowed within the park. Further, the Munising and Burt Township, which rulemaking and associated personal draft regulations appear to violate the oversee local public launch facilities. watercraft litigation is provided in NPS mandate to fully protect park The best practicable data was used and Chapter 1, Purpose of and Need for resources by allowing the use of the NPS is confident that the analysis Action, Background, of the EA. NPS damaging PWC on park waters. provides a reasonable evaluation of believes it has complied with the court NPS Response: The ‘‘Summary of potential PWC use within the lakeshore. order and has assessed the impacts of Laws and Policies’’ section in the 11. One commenter stated that there personal watercraft on those resources ‘‘Environmental Consequences’’ chapter is an error in Table 12: Peak Daily specified by the judge, as well as other of the EA summarizes the three Visitor Use Numbers in the EA, because resources that could be affected. This overarching laws that guide the National the whole chart is based on an overly analysis was completed for every Park Service in making decisions simplistic interpretation of the PWC/ applicable impact topic with the best concerning protection of park resources. Motorboat relationship. When segment available data, as required by Council These laws, as well as others, are also three states that there will be zero ‘‘PWC on Environmental Quality regulations reflected in the NPS Management users,’’ the model accidentally (40 CFR 1502.22). Where data was Policies. An explanation of how the extrapolates that there will be zero lacking, best professional judgment Park Service applied these laws and ‘‘other motorboats’’ as well. In addition, prevailed using assumptions and policies to analyze the effects of the model should have predicted some extrapolations from scientific literature, personal watercraft on Pictured Rocks amount of growth in kayaking and other park units where personal National Lakeshore resources and canoeing over the next 10 years. watercraft are used, and personal values can be found under ‘‘Impairment NPS Response: Alternative B and the observations of park staff. Analysis’’ in the ‘‘Methodology’’ section no-action alternative assume that all The NPS believes that the EA is in full of the EA. motorized craft would be excluded from compliance with the court-ordered Impact thresholds are not arbitrary; areas designated as primitive under a settlement and that the FONSI shows rather, they are established by a review draft or final general management plan. that the decision to implement modified of applicable literature, consultation The potential primitive area would alternative B (Continued PWC use under with subject matter experts, applicable extend 0.25 mile into Lake Superior special NPS regulation with regulatory standards, and best from the shoreline, between Spray Falls management restrictions) as the professional judgment. The methods for and 1.25 miles east of Sevenmile Creek. preferred alternative in the final rule has establishing specific thresholds are The modified preferred alternative been adequately analyzed and disclosed under each impact topic. (alternative B), as implemented in this explained. The National Park Service has final rule, further restricts PWC use by 7. One commenter stated that PWC determined that, under the modified discontinuing PWC use east of Miners have not been recognized by the U.S. preferred alternative (alternative B), as Beach. Coast Guard as Class A vessels, and that implemented in this final rule, there The number of sea kayakers and the Coast Guard has refrained from will be no major negative impacts on canoeists was estimated to increase 5% defining PWC. park resources or values. over the next ten years. A more accurate NPS Response: The NPS has chosen 10. One commenter stated that PWC estimate, per recent discussions with to define PWC and our definition is as use estimates used in the EA are park staff, would be an increase of 5% follows: Personal watercraft refers to a inaccurate. Specifically, the launch per year over the next 10 years. Thus, vessel, usually less than 16 feet in points within the lakeshore are the number of canoeists/kayakers is length, which uses an inboard, internal unmonitored, so the number of PWC estimated to increase from 45 persons in combustion engine powering a water jet that use the lakeshore, along with trends 2002 to 73 persons in 2012. These pump as its primary source of in PWC use, are unknown. visitors would be distributed throughout propulsion. The vessel is intended to be NPS Response: See Errata Sheet, the lakeshore. Although this is a operated by a person or persons sitting, Table 11, for the EA: The totals have relatively large increase in use as standing or kneeling on the vessel, been corrected and do not substantially compared to the numbers evaluated in rather than within the confines of the change NPS conclusions. the EA, it would not change the hull. The 2000 and 2001 data indicate a 1% evaluation that was completed. As 8. One person commented that the EA increase in PWC registration. While indicated in the Visitor Experience incorrectly references the Michigan PWC registration increased by as much section (page 107 of the EA), most non- Personal Watercraft Safety Act of 1998 as 19% in 1996, the past five years of motorized craft are concentrated closer regarding the prohibition of PWC data exhibit a substantial decreasing to shore, such that interactions between ‘through submerged and emergent trend in PWC registration in the state. these users and PWC would be vegetation.’ This trend is also confirmed by industry infrequent. Additionally, PWC present NPS Response: The statement in the sales data (http://www.pwia.org/ near the shore are required to travel at EA was incorrect and has been updated Abo_PWC.htm). In consultation with flat-wake speed and would have on the errata sheet as follows: Guiding park staff and through review of minimal impact on non-motorized Regulations and Policies, second national data, the NPS believes that a watercraft in that area. paragraph, change last sentence to read 2% annual increase in PWC use at the ‘‘Personal watercraft are not allowed to lakeshore is appropriate. Comments Regarding Water Quality operate in waters where the water depth Historical use of PWC is described on 12. One commenter stated that is less than two feet unless the pages 51 and 52 of the ‘‘Affected impacts to water quality from PWC are watercraft is being operated at slow, no- Environment’’ section of the EA. The underestimated. Polycyclic Aromatic wake speed or is being docked or NPS used all available data to Hydrocarbons (PAHs) can remain launched.’’ extrapolate PWC use trends within the suspended in the water column or 9. Several commenters stated that the lakeshore. PWC visitor use trends were deposited in sediment for years after preferred alternative is likely to violate determined using data available from initial deposition. Even minor, short-
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term oil spills can cause detrimental PWC population of conventional two- than personal watercraft are used in the damage to aquatic wildlife. Exposure to stroke engines, and underestimated the lakeshore, the outboards contributed hydrocarbon (HC) pollution can accelerating changeover to four-stroke more of the organic compounds interfere with biological processes of the and newer two-stroke engines. The net evaluated (PAHs and benzene) than lakeshore’s plants and wildlife. effect is that the analysis overestimates personal watercraft. The new engine NPS Response: The protection of potential PWC HC emissions, including technology, including four-stroke water quality within the Pictured Rocks benzene and PAHs, to the water. In engines and two-stroke direct injection National Lakeshore has been addressed addition, the water quality analysis uses engines, substantially reduces the in the EA in a conservative evaluation assumptions that result in emissions of most pollutants to the of surface water quality impacts. overestimation of potential PWC HC water and the air. As older personal Estimated minimum threshold volumes emission to the water. For example, the watercraft are replaced with new, of water were determined for the PWC analysis states that benzo(a)pyrene cleaner models, the emission rates of use areas where concentrations of concentrations in gasoline can be ‘‘up to pollutants will decrease. gasoline constituents discharged from 2.8 mg/kg.’’ It is agreed that some research personal watercraft and other outboard NPS Response: The NPS recognizes indicates that PAH toxicity can be engines could potentially be toxic to that the assumption of all personal enhanced by exposure to ultraviolet aquatic organisms or humans. Using the watercraft using 2-stroke engines in radiation in oligotrophic lakes having estimated threshold volumes, volumes 2002 is conservative but believes it was high light penetration (Oris et al. 1998). of the areas being evaluated, PWC and appropriate to be protective of park Limited data indicate that, under these other motorboat high-use-day loadings resources. The assumption is consistent conditions, PAHs may have toxic effects of chemicals identified as constituents with emission data available in on fish and zooplankton at very low of gasoline, and water quality California Air Resources Board (CARB) concentrations (less than 1 µg/L). benchmarks, it is possible to identify (1998) and Bluewater Network (2001). Conversely, some PAHs may be potentially unacceptable impacts to The emission rate of 3 gallons per hour degraded via photodegradation or human health or the environment. at full throttle is a mid-point between 3 microbial degradation (Fasnacht and Chronic water quality benchmarks gallons in two hours (1.5 gallons per Blough 2002; Albers 2002). Impacts to protective of aquatic populations and hour; NPS 1999) and 3.8 to 4.5 gallons water quality from the emission of protective of human health were per hour for an average 2000 model year selected PAHs present in gasoline acquired from various sources, personal watercraft (Personal Watercraft emissions (benzo(a)pyrene, including USEPA water quality criteria. and Bluewater Network 2001). The naphthalene, and 1-methyl Potential impacts to wildlife and plants assumption also is reasonable in view of naphthalene) were evaluated in the EA. from personal watercraft were addressed the initiation of production line testing Also, the potential for increased toxic in other sections of the EA. in 2000 (EPA 1997) and expected full effects of PAHs is recognized and This comment appears to have several implementation of testing by 2006 (EPA discussed qualitatively in the impact errors in its assertions regarding the 1996). analyses, where appropriate. water quality impact section of the EA: Reductions in emissions used in the 15. One commenter stated that Lake None of the three alternatives is water quality impact assessment are in Superior was designated by the U.S. and expected to have a ‘‘moderate to major’’ accordance with the overall Canada Joint Commission as a zero impact as stated in the comment. All hydrocarbon emission reduction discharge body of water, and the water quality impacts from personal projections published by the EPA considerable amount of pollution watercraft are expected to be negligible (1996). EPA (1996) estimates a 52% discharged by PWC comprises more to minor. Despite the fact that estimated reduction by personal watercraft by than ‘‘zero’’ discharge. water concentrations of individual 2010 and a 68% reduction by 2015. The NPS Response: The impacts of both PAHs are well below water quality 50% reduction in emissions by 2012 noise and discharge of burned and benchmarks, cumulative impacts from (the future date used in the EA) is a unburned fuel by personal watercraft PWC and motorboat use were judged to conservative interpolation of the were evaluated in the EA. In 1991, an be ‘‘minor to moderate’’ when the emission reduction percentages and International Joint Commission potential for phototoxicity from total associated years (2010 and 2015) recommended that Lake Superior be a ‘‘zero discharge’’ demonstration zone PAHs is considered. reported by the EPA (1996) but with a This comment also misquotes the EA one-year delay in production line (GLC 2003). However, the latest listing as follows: ‘‘* * * most PWC gas and testing (EPA 1997). (March 2003) of priorities by the Great oil spills ‘volatize’ into the atmosphere The estimate of 2.8 mg/kg for Lakes Commission in ‘‘2003 Great Lakes ***’’. The EA for Pictured Rocks benzo(a)pyrene in gasoline used in the Program: Restore the Greatness’’ does National Lakeshore considers the range calculations is considered conservative, not mention zero discharge as a priority of organic compound behavior in water yet realistic, since it is within the range for the coming year. The only current on page 65 of the EA: of concentrations measured in gasoline, reference to zero discharge found on the according to Gustafson et al. (1997). Great Lakes Commission Web site Many organic pollutants that are initially 14. One commenter stated that the (http://www.glc.org) is for zero dissolved in the water volatilize to the ‘‘cleaner and quieter’’ PWC will still discharge of aquatic nuisance species atmosphere, especially if they have high vapor pressures, are lighter than water, and cause significant damage to the that are often carried in ship ballast mixing occurs at the air/water interface. environment and wildlife because PWC water that is dumped after the ships Other compounds that have low vapor produce pollutants such as PAHs that enter the Great Lakes. Zero discharge of pressure, low solubility, and high octanol/ are toxic to plants and animals even at fuel from recreational boating does not water partition coefficients tend to adhere to minute levels. appear to be an achievable objective organic material and clays and eventually NPS Response: Personal watercraft since one of every three registered adsorb onto sediments. and outboard motorboat engines recreational vessels in the United States 13. One commenter stated that the discharge both unburned and burned is found in the Great Lakes (GLC 2003). analysis represents an outdated look at gasoline and oil. In fact, it was shown In response to the EPA emission potential emissions from an overstated in the EA that because more outboards reduction regulations (EPA 1996, 1997),
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the discharge of fuel and its associated because of numerous related unknown (NAAQS) for criteria pollutants, as pollutants by personal watercraft and contributing factors, such as the number established by the U.S. EPA under the other motorboats is being reduced. The of personal watercraft refueling at the Clean Air Act, and on criteria pollutant net effect of this reduction is factored lakeshore and the location of refueling annual emission levels. This into the EA impact analysis of water (inside or outside of the airshed). methodology was selected to assess air quality. 19. One commenter stated that none quality impacts for all NPS EAs to of the air quality monitoring sites used promote regional and national Comments Regarding Air Quality as part of the analysis are located at the consistency, and identify areas of 16. One commenter stated that the lakeshore, and that the most recent data potential ambient standard exceedances. analysis does not properly account for available to the NPS are from 1999. PAHs are not assessed specifically as the rapid engine conversion that is NPS Response: The statewide air they are not a criteria pollutant. occurring due to the phase-in of cleaner quality monitoring sites are located near However, they are indirectly included running engine technologies. areas where air quality is known or as a subset of Total Hydrocarbons NPS Response: A conservative likely to be impaired. As the comment (THC), which are assessed because they approach was used in the analysis, since states, data used in the EA were are the focus of the EPA’s emissions the numbers of PWC that have already obtained from the 1999 Air Quality standards directed at manufacturers of converted to four-stroke engines are not Report which, at time of preparation, spark ignition marine gasoline engines known. In addition, the Environmental was the best published regional source (See 61 FR 52088; October 4, 1996). Protection Agency (EPA) model takes of general air quality information. Neither peak exposure levels nor NIOSH into account the reduction in emissions Current site-specific background air nor OSHA standards are included as over time. Even with the conservative monitoring data were also reviewed, criteria for analyzing air quality related approach, the analysis for alternative B available from the State of Michigan’s impacts, except where short-term presented in the EA indicates that website http://www.michigan.gov/deq/ exposure is included in a NAAQS. current PWC use at Pictured Rocks 0,1607,7–135–3310_4104---,00.html. The As stated above, the methodology for National Lakeshore would result in closest monitoring site is for PM2.5 assessing air quality impacts was based negligible to moderate impacts to air located at Traverse City, Michigan. It is on a combination of annual emission quality. agreed that monitoring sites distant from levels and the NAAQS, which are aimed 17. One commenter indicated that the location do not provide at protection of the public. OSHA and direct-injected two-stroke engines are representative data for Pictured Rocks NIOSH standards are intended primarily dirtier than four-stroke engines. National Lakeshore; however, they are for workers and others exposed to NPS Response: The comment is the nearest available sources of data. airborne chemicals for specific time correct in stating the relationships The absence of closer State monitoring periods. The OSHA and NIOSH between emissions of two-stroke direct sites is indicative of the good overall air standards are not as suitable for injection and four-stroke PWC engines. quality in the area and attainment status application in the context of local and EPA NONROAD model factors differ with respect to all national ambient air regional analysis of a park or from those of the California Air quality standards. No health or recreational area as are the ambient Resources Board (CARB). As a result of environmental risks are identified by standards, nor are they intended to the EPA rule requiring the the Michigan Department of protect the general public from exposure manufacturing of cleaner PWC engines, Environmental Quality that would to pollutants in ambient air. the existing carbureted two-stroke PWC warrant more frequent or intensive The ‘‘Kado Study’’ (Kado et al. 2000) will, over time, be replaced with less- monitoring in the area. The EA analyzed presented the outboard engine air polluting PWC models. This air impacts by assessing the effects of quality portion of a larger study replacement, with the anticipated predicted pollutant emissions, rather described in Outboard Engine and resultant improvement in air quality, is than measuring ambient air conditions, Personal Watercraft Emissions to Air parallel to that experienced in urban due to the lack of available site-specific and Water: A Laboratory Study (CARB environments as the automobile fleet monitoring data and cost and 2001). In the CARB report, results from becomes cleaner over time. uncertainty factors inherent in obtaining both outboards and personal watercraft 18. One commenter stated that the and interpreting such data. In this (two-stroke and four-stroke) were analysis fails to mention the impact of context, the NPS takes the position that reported. The general pattern of PWC permeation losses on local air ‘‘appropriate consideration’’ has been emissions to air and water shown in quality. given to air quality impacts from PWC. CARB (2001) was two-stroke carbureted NPS Response: Permeation losses of 20. One commenter stated that the EA outboards and personal watercraft volatile organic compounds (VOCs) fails to analyze new four-stroke engine having the highest emissions, and four- from personal watercraft were not technology. The PAH concentrations stroke outboard and personal watercraft included in the calculation of air quality derived from worst-case modeling are having the lowest emissions. The only impacts primarily because these losses orders of magnitude below the substantive exception to this pattern are insignificant relative to emissions permissible exposure limits established was in nitrogen oxide (NOX) emissions from operating watercraft. Using the by the Occupational Safety and Health to air: Two-stroke carbureted outboards permeation loss numbers in the Administration (OSHA) and National and personal watercraft had the lowest comment (estimated to be half the total Institute for Occupational Safety and NOX emissions, while the four-stroke of 7 grams of losses per 24 hours from Health (NIOSH); therefore, continued outboard had the highest emissions. the fuel system), the permeation losses PWC use would not pose any adverse Therefore, the pattern of emissions for per hour from fuel systems are orders of health risks for park visitors under outboards is generally applicable to magnitude less than emissions from worst-case airborne PAH personal watercraft and applicable to operating personal watercraft. concentrations. outboards directly under the cumulative Therefore, including permeation losses NPS Response: The criteria for impacts evaluations. would have no effect on the results of analysis of impacts from PWC to human 21. One commenter expressed the air quality impact analyses. Also, health are based on the National concern that PWC emissions were permeation losses were not included Ambient Air Quality Standards declining faster than forecasted by the
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EPA. As the Sierra Report documents, in engine technology and design will likely minor adverse, depending on the 2002, HC+ NOX emissions from the further reduce the noise emitted from alternative and location. While many existing fleet of PWC were already 23% PWC. However, given the ambient noise comments on the GMP were related to lower than they were before the EPA levels at the lakeshore, it is unlikely that PWC noise, commenters also mentioned regulations became effective, and will the improved technology could reduce noise from chain saws, snowmobiles, achieve reductions greater than 80% by all impacts to negligible adverse, and cars. Additionally, the visitor use 2012. particularly at the Sand Point launch. survey conducted in the summer of NPS Response: The U.S. EPA’s data 23. One commenter cited noise testing 2000 provided the following results: on incorporate into the 1996 Spark Ignition conducted at Glen Canyon National a scale of 1 (not a problem) to 5 (very Marine Engine rule were used as the Recreation Area (NRA) that indicated serious problem), backcountry visitors basis for the assessment of air quality, the maximum noise levels for PWC were ranked ‘‘PWC disturbing backcountry and not the Sierra Research data. It is actually lower than the maximum noise experience’’ as 1.6 (no problem to slight agreed that these data show a greater levels for other motorized vessels. In problem). Frontcountry users identified rate of emissions reductions than the particular, the levels for PWC at 25 PWC disruption as 1.4 on the same assumptions in the 1996 rule and in the meters (82 feet) were approximately 68 scale. Overall, more than 80% of the 228 EPA’s NONROAD Model, which was to 76 A-weighted decibels (dB), whereas persons responding to this question used to estimate emissions. However, the levels for other motorized vessels at indicated that PWC operation within the the level of detail included in the Sierra 82 feet were approximately 64 to 86 A- lakeshore was ‘‘no problem.’’ The NPS Research report has not been carried weighted decibels. is confident that the soundscape into the EA for reasons of consistency NPS Response: A correction has been analysis portrays an accurate and conformance with the model included in the errata sheet to indicate description of the effects of PWC predictions. Most states use the EPA’s that one PWC would emit 68 to 76 A- operation within the lakeshore. NONROAD Model for estimating weighted dB at 82 feet. The reasons for 25. One commenter stated that the emissions from a broad array of mobile assuming that PWC operate in pairs at impact of PWC on non-motorized sources. To provide consistency with the National Lakeshore are stated in the visitors was grossly underestimated. state programs and with the methods of EA, and are based on staff observation NPS Response: As stated previously, analysis used for other similar NPS and safety issues related to operating the summer visitor survey indicated that assessments, the NPS has elected not to small watercraft at the park. Based on over 80% of the respondents, including base its analysis on focused research the PWC noise levels from the Glen backcountry visitors, identified PWC such as the Sierra Report for assessing Canyon study, two PWC would emit 66 disturbance as ‘‘no problem.’’ PWC impacts. to 77 dB at 82 feet, 65 to 75 dB at 100 Approximately 8% of the 228 It is agreed that the Sierra Research feet, and 59 to 69 dB at 200 feet. The respondents identified PWC report provides data on ‘‘worst case’’ noise levels of two PWC traveling disturbances as a ‘‘serious or very scenarios. However worst case or short- together would be less than the NPS serious’’ problem. The NPS recognizes term scenarios were not analyzed for air noise limit of 82 dB at 82 feet for all that the degree to which a visitor is quality impacts in this or other NPS alternatives. Given that ambient sound disturbed is a function of the timing, EAs. levels range from 22 dBA to 55 dBA in duration, and character of the PWC It is agreed that the relative quantity the lakeshore, the operation of PWC 200 activity, as well as the visitor’s personal of HC+ NOX are a very small proportion feet from shore would still have perceptions of PWC use. Based on the of the county-based emissions and that negligible to minor adverse effects on data evaluated, the NPS is confident this proportion will continue to be the soundscape. In most locations that the impact evaluation provides a reduced over time. The EA takes this natural sounds would prevail and reasonable estimate of PWC impacts on into consideration in the analysis. motorized noise would be very soundscapes and visitor experience. CARB certified PWC may be used; infrequent or absent. At destinations Comments Regarding Wildlife however, the degree of certainty of such as the Sand Point launch and overall use of this engine type Miners Castle, natural sounds would 26. One commenter stated that PWC nationwide is not well established. For predominate but motorized noise could use and human activities associated consistency and conformity in be heard occasionally throughout the with their use may not be any more approach, the NPS has elected to rely on day. The correction noted above will not disturbing to wildlife species than any the assumptions in the 1996 S.I. Engine change the impact determinations other type of motorized or non- Rule, which are consistent with the identified in the original analysis. motorized watercraft. The commenter widely used NONROAD emissions 24. One commenter stated that the EA cites research by Dr. Rodgers, of the estimation model. The outcome is that has no site-specific support regarding Florida Fish and Wildlife Conservation estimated emissions from combusted the conclusion that PWC will inflict Commission, whose studies have shown fuel may be in the conservative range, ‘‘short-term negligible impacts’’ upon that PWC are no more likely to disturb if compared to actual emissions. the lakeshore’s soundscapes and wildlife than any other form of human ‘‘negligible adverse impacts’’ upon interaction, and that PWC posed less of Comments Regarding Soundscapes visitor experience. The commenter a disturbance than other vessel types. 22. One commenter stated that stated that most of the public comments Dr. Rodgers’ research clearly shows that continued PWC use in the Pictured received on the lakeshore’s draft there is no reason to differentiate PWC Rocks National Lakeshore will not result General Management Plan (GMP) from motorized boating based on claims in sound emissions that exceed the complained about PWC noise and urged on wildlife disturbance. applicable federal or state noise that the machines be banned. NPS Response: The NPS agrees that abatement standards, and technological NPS Response: The effects of PWC on some research indicates that personal innovations by the PWC companies will soundscapes were evaluated for site- watercraft are no more apt to disturb continue to result in substantial sound specific areas, such as Sand Point, and wildlife than are small outboard reductions. general use areas, such as backcountry motorboats; however, disturbance from NPS Response: The NPS concurs that locations. The effects of PWC noise were both PWC and outboard motor boats on-going and future improvements in determined to be negligible adverse to does occur. Dr. Rodgers recommends
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that buffer zones be established for all the chemical, physical, and biological suggests that there are beneficial, watercraft, creating minimum distances conditions that were used to conduct insignificant, or discountable effects of between boats (personal watercraft and the assessment of PAH effects to fish the proposed actions on these species. outboard motorboats) and nesting and species. These effects are not clear in the EA. foraging waterbirds. As part of the The USFWS stated that the EA seems to Comments Regarding Threatened and Michigan Personal Watercraft Safety make a better case that the alternatives Endangered Species Act, PWC operating within 200 feet of would have no effect on these three the shoreline of any Great Lake must 28. One commenter stated that the EA species, and suggested the park travel perpendicular to the shore and lacks site-specific data on PWC impacts considers these determinations and operate at a flat-wake speed. With this to threatened and endangered species. provides support when the park restriction in mind, impacts to wildlife NPS Response: The scope of the EA requests Section 7 consultation with the and wildlife habitat under all three did not include site-specific surveys for USFWS office. alternatives were judged to be negligible species with the potential to occur at NPS Response: The determination of at most locations along the shoreline. Pictured Rocks National Lakeshore. ‘‘not likely to adversely affect’’ was In addition, the EA was not Potential for the occurrence and the made based on the fact that, while PWC conducted to determine if personal location of special status species at may provide access to locations where watercraft caused more environmental Pictured Rocks National Lakeshore was threatened/endangered species may be damage to park resources than other based on existing surveys and studies present, the likelihood of having an boats, but rather to determine if conducted in the park in addition to effect is extremely unlikely to occur. personal watercraft use was consistent input by park staff and federal and state The errata has been updated to reflect a with the national lakeshore’s enabling agencies responsible for special status ‘‘no effect’’ determination for the gray legislation and management goals and species management and protection. wolf and Pitcher’s thistle. After further objectives. The alternatives listed and Identification of state and federally analysis and discussions with U.S. Fish the determination of their consequences listed species was accomplished and Wildlife Service staff, the ‘‘not was based upon the best information through discussions with park staff and likely to adversely affect’’ determination available. informal consultation with U.S. Fish for the bald eagle will remain, since the 27. One commenter stated that PWC and Wildlife Service. Primary steps in bald eagle’s use of the shoreline is cause lasting impacts to fish and assessing impacts on listed species were limited and known nest sites are located wildlife. Two-stroke engines have been to determine (1) which species are east of Miners Beach, where PWC use shown to produce pollutants that cause found in areas likely to be affected by would be prohibited. The errata has significant damage to aquatic plants and management actions described in the been updated with further information fish. PWC alternatives, (2) current and future to support this determination. NPS Response: It is anticipated that use and distribution of PWC by 31. The U.S. Fish and Wildlife Service more combustion-efficient engines in alternative, (3) habitat loss or alteration suggested that the extent to which bald personal watercraft will reduce caused by the alternatives, and (4) eagles use the Lake Superior shoreline pollutant emissions to air and water in displacement and disturbance potential within Pictured Rocks National the same manner that increased of the actions and the species’ potential Lakeshore be described. If any such use efficiencies in automobile engines, to be affected by PWC activities. occurs or can be expected to occur in combined with catalytic converters and The information used in the analysis the future, the park should clarify other technologies, decreased the was obtained through best professional whether PWC use in the lakeshore could amount and types of automobile exhaust judgment of park staff and experts in the affect bald eagles. emissions. EPA-sponsored evaluations field and by conducting a literature NPS Response: Based on discussions of different personal watercraft engine review. with park staff, the bald eagle’s use of designs and emissions concluded that Documentation of the occurrence and the Lake Superior shoreline within emission reductions would result with locations of federal and state rare, Pictured Rocks National Lakeshore is implementation of the EPA emission threatened and endangered species at limited. Known nest sites are located standards for marine engines. The Pictured Rocks National Lakeshore was east of Miners Beach, where PWC use modified preferred alternative provides provided by National Park Service would be prohibited under the preferred for further protection of wildlife in the through several studies and surveys that alternative. The errata has been updated lakeshore. Phasing in of new personal have been conducted at the park. A list to reflect this. watercraft technology under the of federal and state protected species is 32. The U.S. Fish and Wildlife Service modified preferred alternative provided in Table 6 in the EA. stated that NPS must complete Section (alternative B) will reduce impacts to 29. The U.S. Fish and Wildlife Service 7 consultation with the USFWS prior to aquatic and shoreline species by commented that the Grand Sable Dunes completing a FONSI. The USFWS reducing the discharge of fuel site was last verified by the Michigan concurs that the only federally listed components into the water. These Natural Features Inventory (MNFI) in species currently on or near Pictured reductions should indirectly benefit 1989, and recommended that the Rocks National Lakeshore are the piping wildlife by reducing some of the current presence of Pitcher’s thistle be plover, gray wolf, bald eagle, and contaminant loading of surface waters. verified. Pitcher’s thistle. PAH toxicity to fish and wildlife NPS Response: The location of NPS Response: As indicated on page species is a complicated topic because Pitcher’s thistle described in the EA is 96 of the Environmental Consequences PAHs consist of dozens of different based on discussion with park staff and section of the EA, Section 7 consultation chemical compounds, each of which has is current. Park staff will advise the would be initiated if the NPS substantially different toxicity MNFI as requested. determined that actions in the preferred characteristics in water, sediment, and 30. The U.S. Fish and Wildlife Service alternative would be ‘‘likely to soils, and toxicity varies dramatically (USFWS) commented that the ‘‘not adversely affect’’ one or more of the among different fish and wildlife likely to adversely affect’’ determination federally listed threatened or species. The ecological toxicity analysis for both action alternatives for the gray endangered species identified in the for PAHs reported in the EA explains wolf, bald eagle, and Pitcher’s thistle lakeshore. The modified preferred
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alternative (alternative B) will have no modified preferred alternative will experience. What happens if the number effect on piping plover, Pitcher’s thistle, result in ‘‘no effect’’ on future of PWC users increases over the years to gray wolf, or Lake Huron tansy, and is populations of piping plover that may a level that is intolerable? not likely to adversely affect the inhabit the lakeshore. NPS Response: The best available data common loon, bald eagle or the was used to determine existing and Comments Regarding Shoreline/ peregrine falcon. The errata has been future PWC use in the lakeshore, and Submerged Aquatic Vegetation updated to reflect a ‘‘no effect’’ was based on a visitor survey, determination for the gray wolf. The 35. One commenter stated that since discussion with park staff, and USFWS concurred with this PWC lack an exposed propeller, they are discussion with local launch site determination after submitting this much more environmentally friendly in operators in Grand Marais and comment. shallow water environments. Further, Munising. The analysis indicates that 33. One commenter stated that the EA Michigan law prohibits PWC from PWC use would have minor adverse inadequately describes the impacts from operating in less than two feet of water impacts to backcountry visitors who PWC to osprey and bald eagle, and and in areas where aquatic rooted seek solitude within the lakeshore. The underestimates the impacts to the vegetation is visible in sensitive wetland selection of the modified preferred peregrine falcon and common loon, areas. alternative (alternative B) would result along with other species. NPS Response: The NPS recognizes in negligible to moderate beneficial NPS Response: The NPS concurs that that scientists do not agree on the impacts on soundscapes and visitor some studies have shown that PWC potential for impacts to aquatic experience for non-PWC users. operation in proximity to nesting osprey vegetation from personal watercraft. 38. One commenter indicated that the and other wildlife species can have However, because of their design, EA fails to include the numbers of adverse affects. Studies also indicate personal watercraft can potentially comments received about PWC noise that the timing, duration, and character operate in shallower water than and offers no comparison of those (aggressiveness of PWC operation) of conventional outboard motorboats, and comments with others regarding noise these interactions are important factors it is not possible to know if all operators produced by other recreational pursuits, in determining the effect. As discussed fully adhere to manufacturer’s such as tour boats. Were the noise in the EA (pages 20 and 96–101), state recommendations. As described in the comments regarding PWC use any more regulations require that PWC operating EA (pages 103–104), impacts to positive or negative than those related to within 200 feet of the shore must be sensitive shoreline vegetation are other lakeshore user groups? running perpendicular to the shore at expected to be negligible for all NPS Response: The comments flat-wake speeds. This state regulation alternatives and both years evaluated received for the GMP regarding noise minimizes the potential for adverse (2002 and 2012). disturbance from PWC, motorboats, and affects on shoreline wildlife at the other recreational users have not been Comments Associated With Visitor lakeshore. quantified. However, the summer visitor 34. The U.S. Fish and Wildlife Service Experience survey conducted in 2000 provides stated that piping plovers currently do 36. One commenter stated that the EA specific data about noise issues within not nest on Pictured Rocks National failed to adequately assess the safety the lakeshore. Over 80% of the survey Lakeshore, but at nearby at Grand threat posed to park visitors by PWC respondents, including backcountry Marais. Nesting occurred there in 2002 use, and failed to analyze existing visitors, identified PWC disturbance as and has occurred there annually for accident data available from the U.S. ‘‘no problem.’’ Approximately 8% of the more than 10 years. As the EA indicates, Coast Guard. 228 respondents identified PWC there is the potential for piping plover NPS Response: Incidents involving disturbances as a ‘‘serious or very to use the Pictured Rocks National watercraft of all types, including serious’’ problem. Likewise, Lakeshore beach, at least for foraging, if personal watercraft, are reported to and approximately 6% of those surveyed not nesting. The piping plover breeding logged by National Park Service staff. A identified motorized boats on Lake population has increased in recent very small proportion of incidents on Superior ‘‘disturbing my backcountry years. As the population expands, the lake are estimated to go unreported. experience’’ as a ‘‘serious or very piping plover may be found in The accident data for the three-year serious’’ problem; 4% indicated that too previously unexpected areas. The period of 1999 through 2001 displays a many commercial tour boats on Lake USFWS recommended annual efforts to consistent pattern and differs from Superior shoreline as a ‘‘serious or very survey Pictured Rocks National nationally reported results for all serious problem’’; and 1% indicated Lakeshore for the bird. The USFWS also watercraft. In the ‘‘Visitor Conflicts and noise from airplanes as a ‘‘serious or recommended that when the park Visitor Safety’’ section of the ‘‘Affected very serious problem.’’ Overall, only requests Section 7 consultation, it refer Environment’’ chapter of the EA, it is 2.6% of those surveyed indicated that to the appropriate information in the EA reported that personal watercraft too much noise on Lake Superior that supports the conclusion that represent 26 percent of the watercraft on shoreline was a ‘‘serious or very serious interactions between piping plovers and the lake but did not exceed 18 percent problem.’’ PWC would be extremely limited. of all watercraft accidents over the 39. One commenter stated that the NPS Response: Pictured Rocks three-year time period. While personal 1998 Boating Accident Report Database National Lakeshore staff will continue injury rates for personal watercraft were (BARD) estimates reported in the EA are to monitor and document piping plover somewhat higher, they did not exceed outdated, and that more recent BARD activities within the lakeshore. PWC 24 percent of all watercraft personal data shows that, despite the increasing would not be allowed in the Grand injuries—approximately equal to their number of PWC in use, the number of Sable segment, where potential piping representation in the population of all reported PWC-associated accidents has plover habitat exists. If plovers ever watercraft. been declining every year since 1997. become established in the western end 37. One commenter stated that NPS Response: Incidents involving of the lakeshore, then mitigating actions keeping PWC 200 feet from shore is not watercraft of all types, including could be required to minimize any sufficient to prevent serious loss to personal watercraft, are reported to and adverse effect from PWC use. The those seeking solitude and/or a natural logged by National Park Service staff. A
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very small proportion of incidents on preferred alternative (alternative B), will Many companies even choose to the lake are estimated to go unreported. discontinue PWC use east of Miners participate in the more stringent The accident data for the three-year Beach. The selection of modified Certification Program administered by period of 1999 through 2001 displays a alternative B is based on the evaluation the NMMA. The NMMA verifies boat consistent pattern and differs from of all issues analyzed in the EA and the models annually, or whenever a new nationally reported results for all public comments received regarding the product is put on the market, to watercraft. In the ‘‘Visitor Conflicts and proposed action. determine that they satisfy not only the Visitor Safety’’ section of the ‘‘Affected 43. Several commenters stated that U.S. Coast Guard Regulations, but also Environment’’ chapter of the EA, it is the NPS analysis downplayed the threat the more rigorous standards based on reported that personal watercraft PWC pose to the visiting public, those established by the American Boat represented 26 percent of the watercraft specifically regarding PWC fire hazards. and Yacht Council. on the lake but did not exceed 18 NPS Response: According to the Comments Associated With Cultural percent of all watercraft accidents over National Marine Manufacturers Resources the three-year time period. While Association, PWC manufacturers have personal injury rates for personal sold roughly 1.2 million watercraft 44. One commenter suggested that the watercraft were somewhat higher, they during the last ten years. Out of 1.2 NPS consider requiring permits or other did not exceed 24 percent of all million PWC sold, the U.S. Coast Guard approval for ceremonial activities, so watercraft personal injuries— received only 90 reports of fires/ that motorized boaters can be given approximately equal to their explosions in the years from 1995–1999. adequate advance notice of any specific representation in the population of all This is less than 1% of PWC boats time/location restrictions on vessel watercraft. reporting problems associated with usage. This will better enable PWC users 40. One commenter stated that, fires/explosions. As far as the recall and other boaters to respect these according to Coast Guard statistics, PWC campaigns conducted by Kawasaki and observances, reduce the potential for represent roughly 10 percent of all Bombardier, the problems that were user conflicts, and assist in enforcement boats, yet are involved in approximately associated with fuel tanks were fixed. efforts. 30 percent of all boating accidents. In Kawasaki conducted a recall for NPS Response: Historically, tribal addition, nearly 80 percent of PWC potentially defective fuel filler necks groups pursuing traditional activities in accidents are the result of a collision and fuel tank outlet gaskets on 23,579 the park have been very small and with objects such as another boat, models from the years 1989 and 1990. permits have not been issued. In swimmer, or dock. The fuel tank problems were eliminated addition, past observances have NPS Response: The concern about in Kawasaki’s newer models, and the occurred in seasons of the year when PWC operation and safety is discussed 1989 and 1990 models are most likely PWC use is light or non-existent. If and in the EA, which provides similar not in use anymore, since life when the ceremonial activities become national statistics (page 16) and expectancy of a PWC is only five to larger in scope or number, the park will statistics from the park itself (page 51). seven years, according to PWIA. initiate more formal permitting. Bombardier also recalled its 1993, 1994, Some of the provisions of the preferred Comments Regarding Socioeconomics alternative, such as increasing the and 1995 models to reassess possible number of areas with flat-wake fuel tank design flaws. However, the 45. One commenter stated that there restrictions, were included to provide a number of fuel tanks that had to be is no discussion of the economic costs higher level of safe PWC operations and recalled was a very small percent of the of continued PWC operation upon the to lessen potential conflicts with other 1993, 1994, and 1995 fleets because fuel lakeshore’s wildlife, public safety, and park users. tank sales only amounted to 2.16% of visitor use. In addition, it is the total fleet during this period. The questionable to assume that a PWC ban Comments Associated With Visitor replacement fuel tanks differed from will automatically result in a decrease Conflicts and Safety those installed in the watercraft subject in park visitation. The commenter states 41. One commenter stated that the to the recall in that the replacement that the EA also incorrectly assumes accident data used in the analysis was tanks had revised filler neck radiuses, that a PWC ban will reduce the outdated and incorrect because PWC and the installation procedure now also consumer surplus of other motorized accidents are reported more often than requires revised torque specifications boaters. other boating accidents. and the fuel system must successfully NPS Response: The socioeconomic NPS Response: We disagree. Incidents complete a pressure leak test. study did not address the future involving watercraft of all types, Bombardier found that the major factor potential costs of environmental including personal watercraft, are contributing to PWC fires/explosions damage. The study examined the reported to and logged by National Park was over-torquing of the gear clamp. potential effect that the ban would have Service staff. A very small proportion of Bombardier was legally required by the on the local economy, and the potential watercraft accidents at Fire Island U.S. Coast Guard to fix 9.72% of the effects on socio-economically National Seashore are estimated to go recalled models. Out of 125,349 recalls, disadvantaged groups. The comment is unreported. the company repaired 48,370 units, correct in stating that the same level of 42. One commenter suggested that all which was approximately 38% of the analysis was not given to the future boaters should abide by the restrictions, total recall, far exceeding their legal environmental costs. and that there is no justification for obligation to repair units with potential The number of recreational visits at imposing any additional restrictions or problems. Pictured Rocks National Lakeshore in requirements on PWC operators based Further fuel tank and engine problems calendar year 2000 was 424,533, which on safety considerations. that could be associated with PWC fires is a 4.6% reduction from 1999. The NPS Response: The proposed have been reduced significantly since most recent available visitation data was alternatives did not impose additional the National Marine Manufacturers used at the time the EA was written. A restrictions or requirements on PWC Association (NMMA) set requirements variety of factors influence visitor use based solely on safety considerations. for meeting manufacturing regulations numbers at national parks; therefore, it The final rule, implementing modified established by the U.S. Coast Guard. is not possible to precisely ascertain
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specific reasons for increases or Changes to the Final Rule U.S.C. 601 et seq.). This certification is decreases in visitation. Based on the preceding comments based on a report entitled report 46. One commenter stated that the and responses, the NPS has made no ‘‘Economic Analysis of Personal analysis of socioeconomic effects of the substantive changes to the proposed Watercraft Regulations in Pictured different alternatives failed to consider rule language with regard to PWC Rocks National Lakeshore’’ (RTI, the possibility that the no-action operations. International, November 2004), copies alternative could have positive of which are available from the address economic effects upon those renting Compliance With Other Laws in the ADDRESSES section. kayaks or providing guiding services. Regulatory Planning and Review Small Business Regulatory Enforcement NPS Response: The evaluation (Executive Order 12866) Fairness Act (SBREFA) concentrated on the effects of PWC This document is not a significant This rule is not a major rule under 5 management on the local economy. No rule and has not been reviewed by the U.S.C. 804(2), the Small Business data is available indicating that the Office of Management and Budget under Regulatory Enforcement Fairness Act. presence of PWC has decreased the Executive Order 12866. This final rule: lakeshore visitation by kayakers or other (1) This rule will not have an effect of a. Does not have an annual effect on visitors. Thus, a conclusion cannot be $100 million or more on the economy. the economy of $100 million or more. made that banning PWC would increase It will not adversely affect in a material use by other groups. According to the way the economy, productivity, b. Will not cause a major increase in visitor survey (summer 2000), most competition, jobs, the environment, costs or prices for consumers, visitors identified issues associated with public health or safety, or State, local, individual industries, Federal, State, or PWC operation within the lakeshore as or tribal governments or communities. local government agencies, or ‘‘no problem or slight problem.’’ This The National Park Service has geographic regions. indicates that banning PWC would not completed the report ‘‘Economic c. Does not have significant adverse have a substantial effect on visitor Analysis of Personal Watercraft effects on competition, employment, experience or visitor satisfaction. The Regulations in Pictured Rocks National investment, productivity, innovation, or NPS concurs that a ban on PWC would Lakeshore’’ (RTI, International, the ability of U.S.-based enterprises to allow local businesses to target their November 2004). compete with foreign-based enterprises. marketing and services to an audience (2) This rule will not create a serious Unfunded Mandates Reform Act that is sensitive to PWC use. inconsistency or otherwise interfere with an action taken or planned by This rule does not impose an Comments Related to Enforcement another agency. Actions taken under unfunded mandate on State, local, or 47. Several commenters stated that this rule will not interfere with other tribal governments or the private sector additional staff would be required to agencies or local government plans, of more than $100 million per year. The adequately address the increased policies or controls. This rule is an rule does not have a significant or enforcement needed under the final agency specific rule. unique effect on State, local or tribal rule. (3) This rule does not alter the governments or the private sector. This budgetary effects of entitlements, grants, rule is an agency specific rule and does NPS Response: The NPS used the best user fees, or loan programs or the rights not impose any other requirements on available data to evaluate potential or obligations of their recipients. This other agencies, governments, or the conflicts between PWC and other park rule will have no effects on private sector. visitors. The NPS concurs that it is entitlements, grants, user fees, or loan likely that some violations are not Takings (Executive Order 12630) programs or the rights or obligations of reported, particularly those that may be their recipients. No grants or other In accordance with Executive Order considered minor infractions by the forms of monetary supplements are 12630, the rule does not have significant general public. The evaluation in the EA involved. takings implications. A taking assumed that some violations would (4) This rule does not raise novel legal implication assessment is not required. occur and noted that staffing was or policy issues. This rule is one of the No taking of personal property will insufficient to properly police existing special regulations being issued for occur as a result of this rule. boating activities, with or without PWC managing PWC use in National Park Federalism (Executive Order 13132) use in the lakeshore. Units. The National Park Service The analysis indicated that increased published general regulations (36 CFR In accordance with Executive Order staffing would be necessary to more 3.24) in March 2000, requiring 13132, the rule does not have sufficient adequately monitor watercraft on Lake individual park areas to adopt special Federalism implications to warrant the Superior. The NPS believes that regulations to authorize PWC use. The preparation of a Federalism Assessment. operation of PWC in the lakeshore will implementation of the requirement of This final rule only affects use of NPS not require more staff than that required the general regulation continues to administered lands and waters. It has no for increased monitoring of all generate interest and discussion from outside effects on other areas by watercraft because (1) the number of the public concerning the overall effect allowing PWC use in specific areas of PWC operating within the lakeshore is of authorizing PWC use and National the park. small in comparison to the number of Park Service policy and park Civil Justice Reform (Executive Order other motorboats and watercraft, (2) the management. 12988) location of PWC operation is separated from most other visitors (excluding Regulatory Flexibility Act In accordance with Executive Order motorboats) and (3) the increased The Department of the Interior 12988, the Office of the Solicitor has patrols necessary to monitor all boating certifies that this rulemaking will not determined that this rule does not traffic will increase the observed have a significant economic effect on a unduly burden the judicial system and presence of policing such that all substantial number of small entities meets the requirements of sections 3(a) infractions will likely decrease. under the Regulatory Flexibility Act (5 and 3(b)(2) of the Order.
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Paperwork Reduction Act when the published rule ‘‘grants or ACTION: Interim regulation. recognizes an exemption or relieves a This regulation does not require an SUMMARY: Pursuant to the Artists’ Rights information collection from 10 or more restriction.’’ In this rule the NPS is authorizing the use of PWCs, which is and Theft Prevention Act of 2005, the parties and a submission under the Copyright Office is publishing an Paperwork Reduction Act is not otherwise prohibited by 36 CFR 3.24. As a result, the 30-day waiting period interim regulation governing the required. An OMB Form 83–I is not preregistration of unpublished works required. before the effective date does not apply to Pictured Rocks National Lakeshore that are being prepared for commercial National Environmental Policy Act final rule. distribution in classes of works that the Register of Copyrights has determined As a companion document to the List of Subjects in 36 CFR Part 7 NPRM, NPS issued the Personal have had a history of pre–release Watercraft Use Environmental National Parks, Reporting and infringement. Assessment for Pictured Rocks National recordkeeping requirements. EFFECTIVE DATE: November 15, 2005. Lakeshore and subsequent errata sheet. I For the reasons stated in the preamble, FOR FURTHER INFORMATION CONTACT: The environmental assessment was the National Park Service amends 36 David O. Carson, General Counsel, or available for public review and CFR part 7 as follows: Charlotte Douglass, Principal Legal comment for the period August 1 Advisor, P.O. Box 70400, Washington, through November 15, 2004. A Finding PART 7—SPECIAL REGULATIONS, DC 20024–0400, Telephone: (202) 707– of No Significant Impact (FONSI) was AREAS OF THE NATIONAL PARK 8380. Telefax: (202) 707–8366. SYSTEM signed on September 9, 2005. To request SUPPLEMENTARY INFORMATION: On April a copy of these documents contact I 1. The authority for part 7 continues 27, 2005, President Bush signed the Superintendent, Pictured Rocks to read as follows: Family Entertainment and Copyright National Lakeshore, N8391 Sand Point Act (‘‘FECA’’). Pub. L. No. 109–9, 119 Road, P.O. Box 40, Munising, MI 49862– Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also issued under DC Code Stat. 218. Title I of FECA is the Artists’ 0040. A copy of the Environmental 8–137 (1981) and DC Code 40–721 (1981). Rights and Theft Prevention Act of Assessment, errata sheet, and FONSI 2005, or ‘‘ART Act,’’ which among other I 2. Amend § 7.32 by adding paragraph may also be found at http:// things addresses copyright infringement (d) to read as follows: www.nps.gov/piro/pwc. of works committed prior to their Government-to-Government § 7.32 Pictured Rocks National Lakeshore. authorized commercial distribution, or Relationship With Tribes * * * * * pre–release infringement. Section 104 In accordance with the President’s (d) Personal Watercraft (PWC). (1) directs the Copyright Office to conduct memorandum of April 29, 1994, PWC are allowed on the waters within a rulemaking proceeding to establish a ‘‘Government to Government Relations Pictured Rocks National Lakeshore, procedure for preregistration of with Native American Tribal from the western boundary of the unpublished works that are being Governments’’ (59 FR 22951) and 512 lakeshore to the east end of Miners prepared for commercial distribution. DM 2, we have evaluated potential Beach. Specifically, Section 104 provides effects on Federally recognized Indian (2) PWC may be launched only from that ‘‘Not later than 180 days after the tribes and have determined that there a designated launch site at Sand Point. date of enactment of this subsection, the are no potential effects. (3) PWC users may beach their craft Register of Copyrights shall issue only at Sand Point Beach and Miners regulations to establish procedures for Administrative Procedure Act Beach. preregistration of a work that is being This final rule is effective upon (4) The Superintendent may prepared for commercial distribution publication in the Federal Register. In temporarily limit, restrict, or terminate and has not been published.’’ 17 U.S. C. accordance with the Administrative access to the areas designated for PWC 408(f)(1). Preregistration is a new Procedure Act, specifically, 5 U.S.C. use after taking into consideration procedure in the Copyright Office that 553(d)(1), this rule, 36 CFR 7.32(d), is public health and safety, natural and permits such an action to serve as a exempt from the requirement of cultural resource protection, and other place–holder for limited purposes – publication of a substantive rule not less management activities and objectives. notably where a copyright owner needs than 30 days before its effective date. Dated: October 19, 2005. to sue for infringement while a work is As discussed in this preamble, the Paul Hoffman, still being prepared for commercial final rule is a part 7 special regulation Deputy Assistant Secretary for Fish and release. for Pictured Rocks National Lakeshore Wildlife and Parks. Congress also assigned the Register to that relieves the restrictions imposed by [FR Doc. 05–21426 Filed 10–26–05; 8:45 am] determine which works are eligible for the general regulation, 36 CFR 3.24. The BILLING CODE 4312–52–U preregistration by directing that ‘‘the general regulation, 36 CFR 3.24, regulations established under paragraph prohibits the use of PWC in units of the (1) shall permit preregistration for any national park system unless an LIBRARY OF CONGRESS work that is in a class of works that the individual park area has designated the Register determines has had a history of use of PWC by adopting a part 7 special Copyright Office infringement prior to authorized regulation. The proposed rule was commercial distribution.’’ 17 U.S.C. published in the Federal Register (69 37 CFR Part 202 408(f)(2). Thus, falling in one or more of FR 51788) on August 23, 2004, with a the classes so determined by the 60-day period for notice and comment [Docket No. RM 2005–9] Register is a precondition to eligibility consistent with the requirements of 5 Preregistration of Certain Unpublished for preregistration, and applications for U.S.C. 553(b). The Administrative Copyright Claims works that do not appear to fall within Procedure Act, pursuant to the these classes should not be entertained. exception in paragraph (d)(1), waives AGENCY: Library of Congress, Copyright On July 22, 2005, the Register of the section 553(d) 30-day waiting period Office. Copyrights initiated this rulemaking
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proceeding pursuant to the ART Act’s (i) Motion pictures; under penalty of law, that the work is Section 408(f)(2) with publication of a (ii) Sound recordings; in fact being prepared for commercial Notice of Proposed Rulemaking (iii) Musical compositions; distribution and that the applicant has (‘‘NOPR’’). 70 FR 42286. The Copyright (iv) Literary works being prepared for a reasonable expectation that the work Office received ten initial comments publication in book form; will be commercially distributed to the and five reply comments related to (v) Computer programs (including public. proposals of one or more classes of videogames); and Commenters also asserted that works or to general preregistration (vi) Advertising or marketing distribution is already extensively procedure. The Office also received a photographs. occurring online, and in some genres, large number of comments in response Many copyright owners urged that exclusively so. Therefore, the Office will to a Supplemental Notice of Proposed much or all of the information provided not limit the coverage of this regulation Rulemaking published August 4, 2005, on applications for preregistration be to work being prepared for commercial which sought information relating to maintained as confidential records by distribution in physical format. Any browser compatibility for those the Copyright Office. The Register class of work that the Register expected to file the electronic cannot accept the proposition that the determines has had a history of pre– preregistration form. The Office made public should be denied access to the release infringement may be this inquiry after learning that persons preregistration records. As an office of preregistered without regard to whether attempting to use the Office’s new public record administering a system of the work is intended to be distributed in online preregistration system, which registration and recordation the purpose physical formats or is intended for was still in development, may have of which is to provide information online distribution. difficulties if they used web browsers regarding copyright ownership to the Additional information relating to other then Microsoft Internet Explorer. public, the Copyright Office is not preregistration may be found in the help In order to preregister, applicants disposed to receive and maintain pages of the Office’s online must use the Office’s online private information. The Office is preregistration system, which will be preregistration system, which will be subject to the Freedom of Information accessible from the Copyright Office’s accessible from the Copyright Office’s Act (‘‘FOIA’’), and it may or may not be home page at http://www.copyright.gov. home page at http://www.copyright.gov. able to refuse release of records based The online preregistration system, While the Office is attempting to on applicable FOIA exceptions. To which is in its final stages of address browser compatibility issues, preclude accessibility to information preparation, will go online, and initially some applicants may related to a preregistration is preregistration will be available, on experience difficulties if they are using inconsistent with the very concept of November 15. browsers other than Internet Explorer. preregistration and registration systems. For applicants who are unable to use the The Office does not believe that the List of Subjects in 37 CFR Part 202 online preregistration system, alleged risks of making such Claims, Copyright, Registration information will be available on the information public pose serious danger requirements. Copyright Office website on how to to copyright owners. The information Interim Regulation preregister their works. required to preregister a work need not In order to comply with the ART Act’s be detailed and need not include I In consideration of the foregoing, the requirement that regulations to establish confidential information. To the extent Copyright Office issues this interim rule procedures for preregistration be issued that a title is demanded, it is sufficient amending part 202 of 37 CFR, chapter by October 24, the Office is now issuing to provide a ‘‘working title’’; moreover, II, in the manner set forth below: the following interim regulations. It is the risk of cybersquatting can easily be anticipated that final regulations, which mitigated if the copyright owner obtains PART 202 – PREREGISTRATION AND will be identical or very similar to the the applicable domain name prior to or REGISTRATION OF CLAIMS TO interim regulations, will be published simultaneously with preregistration. COPYRIGHT within the next few weeks, along with Information such as anticipated release a more detailed discussion of the I 1. The authority citation for part 202 dates is not immutable; it should be comments received in response to the is revised to read as follows: understood that when a preregistration notice of proposed rulemaking and of made at an early stage in a work’s Authority: 17 U.S.C. 408(f), 702 the Office’s responses to those preparation states an anticipated date of comments. For further information in I 2. The heading of Part 202 is revised release, that date is at best a prediction the meantime, please refer to the July 22 to read as set forth above. and is hardly a binding commitment. notice of proposed rulemaking, as I Accordingly, the preregistration 3. A new § 202.16 is added to read as supplemented by the following brief record will be a public record, and follows: explanation. The Register’s determination today information from the preregistration § 202.16 Preregistration of copyrights. adopts the liberalized classes named records will be available on the 1 (a) General. This section prescribes and discussed below. The Register has Copyright Office Web site. rules pertaining to the preregistration of now carefully reviewed the record in The Office has abandoned its proposal copyright claims in works eligible for this rulemaking proceeding to that, in order to be eligible for preregistration under Section 408(f) of determine the classes of works that have preregistration, a work must already be 17 U.S.C. had a history of infringement prior to subject to a contract for distribution of (b) Definitions. For the purposes of authorized commercial distribution. the work with an established distributor this section – Based on that review of the comments, of works. However, a person (1) A work is in a class of works that it appears that the case has been made preregistering a work must certify, the Register of Copyrights has for eligibility for preregistration of the determined has had a history of 1 Due to the ongoing conversion of the online following classes of works upon their copyright catalog to a Voyager database, infringement prior to authorized fulfillment of the conditions specified in preregistration records will probably not be commercial release if it falls within one 37 CFR 202.16: available online until sometime in December. of the following classes of works:
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(i) Motion pictures; Copyright Office website at: http:// alleged to be infringed, taking into (ii) Sound recordings; www.copyright.gov. account the information available to the (iii) Musical compositions; (4) Preregistration as a single work. applicant at the time of preregistration (iv) Literary works being prepared for For the purpose of preregistration on a and taking into account the legitimate publication in book form; single application and upon payment of interest of the applicant in protecting (v) Computer programs (including a single preregistration fee, all confidential information. videogames); or copyrightable elements that are (i) For motion pictures, such a (vi) Advertising or marketing otherwise recognizable as self– description should include the photographs. contained works, that are to be included following information to the extent (2) A work is being prepared for and first published in a single unit of known at the time of filing: the subject commercial distribution if: publication, and in which the copyright matter, a summary or outline, the (i) The claimant, in a statement claimant is the same, shall be director, the primary actors, the certified by the authorized considered a single work eligible for principal location of filming, and any preregistering party, has a reasonable preregistration. other information that would assist in expectation that the work will be (5) Fee. (i) Amount. The filing fee for identifying the particular work being commercially distributed to the public; preregistration is $100. preregistered. and (ii) Method of payment. (A) Copyright (ii) For sound recordings, the (ii) Preparation of the work has Office deposit account. The Copyright identifying description should include commenced and at least some portion of Office maintains a system of Deposit the following information to the extent the work has been fixed in a tangible Accounts for the convenience of those known at the time of filing: the subject medium of expression, as follows: who frequently use its services and for matter of the work or works recorded, (A) For a motion picture, filming of those who file applications the performer or performing group, the the motion picture must have electronically. The system allows an genre of the work recorded (e.g., commenced; individual or firm to establish a Deposit classical, pop, musical comedy, soft (B) For a sound recording, recording Account in the Copyright Office and to rock, heavy metal, gospel, rap, hip–hop, of the sounds must have commenced; make advance deposits in that account. blues, jazz), the titles of the musical (C) For a musical composition, at least Deposit Account holders can charge compositions being recorded, the some of the musical composition must preregistration fees against the balance principal recording location, the have been fixed either in the form of in their accounts instead of using credit composer(s) of the recorded musical musical notation or in a copy or cards for each request of service. For compositions embodied on the sound phonorecord embodying a performance information on Deposit Accounts, recording, and any other information of some or all of the work; please download a copy of Circular 5, that would assist in identifying the (D) For a literary work being prepared ‘‘How to Open and Maintain a Deposit particular work being preregistered. for publication in book form, the actual Account in the Copyright Office,’’ or (iii) For musical compositions, the writing of the text of the work must write the Register of Copyrights, identifying description should include have commenced; Copyright Office, Library of Congress, the following information to the extent (E) For a computer program, at least Washington, D.C. 20559. known at the time of filing: the subject some of the computer code (either (B) Credit cards, debit cards and matter of the lyrics, if any, the genre of source code or object code) must have electronic funds transfer. The online the work (for example, classical, pop, been fixed; and preregistration filing system will musical comedy, soft rock, heavy metal, (F) For an advertising or marketing provide options for payment by means gospel, rap, hip–hop, blues, jazz), the photograph, the photograph (or, in the of credit or debit cards and by means of performer, principal recording location, case of a group of photographs intended electronic funds transfers. Applicants record label, motion picture, or other for simultaneous publication, at least will be redirected to the Department of information relating to any sound one of the photographs) must have been Treasury’s Pay.gov website to make recordings or motion pictures that are taken. payments with credit or debit cards, or being prepared for commercial (3) A work eligible for preregistration directly from their bank accounts by distribution and will include the is a work that is: means of ACH debit transactions. musical composition, and any other (i) Unpublished; (C) No refunds. The preregistration detail or characteristic that may assist in (ii) Being prepared for commercial filing fee is not refundable. identifying the particular musical distribution; and (6) Description. No deposit of the composition. (iii) In a class of works that the work being preregistered should be (iv) For literary works in book form, Register of Copyrights has determined submitted with an application for the identifying description should has had a history of infringement prior preregistration. The preregistration include to the extent known at the time to authorized commercial release. applicant should submit a detailed of filing: the genre of the book, e.g., (c) Preregistration. (1) General. A description, of not more than 2,000 biography, novel, history, etc., and work eligible for preregistration may be characters (approximately 330 words), should include a brief summary of the preregistered by submitting an of the work as part of the application. work including, the subject matter (e.g., application and fee to the Copyright The description should be based on a biography of President Bush, a history Office pursuant to the requirements set information available at the time of the of the war in Iraq, a fantasy novel); a forth in this section. application sufficient to reasonably description (where applicable) of the (2) Works excluded. Works that are identify the work. Generally, the plot, primary characters, events, or other not copyrightable subject matter under Copyright Office will not review key elements of the content of the work; title 17 of the U.S. Code may not be descriptions for adequacy, but in an and any other salient characteristics of preregistered in the Copyright Office. action for infringement of a the book, e.g., whether it is a later (3) Application form. An application preregistered work, the court may edition or revision of a previous work, for preregistration is made using evaluate the adequacy of the description as well as any other detail which may Electronic Form PRE. The application to determine whether the preregistration assist in identifying the literary work in must be submitted electronically on the actually describes the work that is book form.
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(v) For computer programs (including (8) Certification. The person Dated: October 19, 2005 videogames), the identifying description submitting an application for Marybeth Peters, should include to the extent known at preregistration must certify on the Register of Copyrights. the time of filing, the nature, purpose application that he or she is the author, Approved by: and function of the computer program, copyright claimant, or owner of James H. Billington, including the programming language in exclusive rights, or the authorized agent The Librarian of Congress. which it is written, any particular of the author, copyright claimant, or [FR Doc. 05–21381 Filed 10–26–05; 8:45 am] organization or structure in which the owner of exclusive rights, of the work program has been created; the form in submitted for this preregistration; that BILLING CODE 1410–30–S which it is expected to be published, the information given in this application e.g. as an online–only product; whether is correct to the best of his or her there have been previous versions (and knowledge; that the work is being DEPARTMENT OF TRANSPORTATION prepared for commercial distribution; identification of such previous National Highway Traffic Safety and that he or she has a reasonable versions); the identities of persons Administration involved in the creation of the computer expectation that the work will be commercially distributed to the public. program; and, if the work is a 49 CFR Part 571 videogame, also describe the subject (9) Effective date of preregistration. matter of the videogame and the overall The effective date of a preregistration is [Docket No. NHTSA 2005–21048] object, goal or purpose of the game, its the day on which an application and fee Federal Motor Vehicle Safety characters, if any, and the general for preregistration of a work, which the Standards setting and surrounding found in the Copyright Office later notifies the game. claimant has been preregistered or AGENCY: National Highway Traffic (vi) For advertising or marketing which a court of competent jurisdiction Safety Administration (NHTSA), DOT. photographs, the description should has concluded was acceptable for ACTION: Denial of petition for include the subject matter depicted in preregistration, have been received in rulemaking. the photograph or photographs, the Copyright Office. including information such as the (10) Notification of preregistration. SUMMARY: This document denies a particular product, event, public figure, Upon completion of the preregistration, petition for rulemaking submitted by or other item or occurrence which the the Copyright Office will provide the Honda Motor Co., Ltd. (Honda), to photograph is intended to advertise or claimant official notification by email of amend Federal Motor Vehicle Safety market. To the extent possible and the preregistration. Standard (FMVSS) No. 213, ‘‘Child applicable, the description for restraint systems.’’ Honda requested that (11) Certification of preregistation. A photographs should give additional FMVSS No. 213 be amended to limit the certified copy of the official notification details which will assist in identifying weight of all child restraint systems may be obtained in physical form from the particular photographs, such as the used with the 3-year-old dummy. Honda the Certification and Documents Section party for whom such advertising stated that such an amendment would of the Information and Reference photographs are taken; the approximate assure the proper operation of weight- Division at the address stated in time periods during which the based occupant detection systems used § 201.1(a)(3) of this chapter. photographs are taken; the approximate to meet the air bag suppression number of photos which may be (12) Public record of preregistration. requirements of FMVSS No. 208, included in the grouping; any events The preregistration record will also be ‘‘Occupant crash protection.’’ available to the public on the Copyright associated with the photographs; and FOR FURTHER INFORMATION CONTACT: the location and physical setting or Office website, http:// For Non-Legal Issues: Mr. Tewabe surrounding depicted in the www.copyright.gov. Asebe, Office of Crashworthiness photographs. The description may also (13) Effect of preregistration. Standards, National Highway Traffic explain the general presentation, e.g., Preregistration of a work offers certain Safety Administration, 400 Seventh the lighting, background scenery, advantages to a copyright owner Street, SW., Washington, DC 20590, positioning of elements of the subject pursuant to 17 U.S.C. 408(f), 411 and Telephone: (202) 366–2365. matter as it is seen in the photographs, 412. However, preregistration of a work For Legal Issues: Mr. Chris Calamita, and should provide any locations and does not constitute prima facie evidence Office of Chief Counsel, National events, if applicable, associated with the of the validity of the copyright or of the Highway Traffic Safety Administration, photographs. facts stated in the application for 400 Seventh Street, SW., Washington, (7) Review of preregistration preregistration or in the preregistration DC 20590, Telephone: (202) 366–2992, information. The Copyright Office will record. The fact that a work has been Facsimile: (202) 366–3820. conduct a limited review of applications preregistered does not create any SUPPLEMENTARY INFORMATION: for preregistration, in order to ascertain presumption that the Copyright Office whether the application describes a will register the work upon submission I. Background work that is in a class of works that the of an application for registration. On May 12, 2000, NHTSA issued a Register of Copyrights has determined (14) Petition for recognition of a new final rule for advanced air bags, has had a history of infringement prior class of works. At any time an interested amending FMVSS No. 208 to, among to authorized commercial release. party may petition the Register of other things, minimize injuries to small However, a work will not be Copyrights for a determination as to adults and young children due to air bag preregistered unless an applicant has whether a particular class of works has deployment (65 FR 30680). To address provided all of the information had a history of copyright infringement the risk air bags pose to young children requested on the application and has prior to authorized release that would in child restraint systems, the agency certified that all of the information justify inclusion of that class of works amended FMVSS No. 208 to include a provided on the application is correct to among the classes of works eligible for number of alternative tests, one of the best of the applicant’s knowledge. preregistration. which requires the front passenger air
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bag system to automatically suppress In its petition, Honda stated that it particular child restraint system when a child or child in a child restraint agrees with NHTSA that it is very designs. system is present. Some manufacturers important to periodically update the While Honda’s petition provided the rely on weight-based technology to child restraint system list in Appendix weight of the child restraint systems comply with the automatic air bag A of FMVSS No. 208. However, Honda currently included in Appendix A of suppression requirement. Weight-based claimed that the weight of certain child FMVSS No. 208, NHTSA obtained the technologies utilize load cells or other restraint system models recommended weight of a number of varying restraint sensors designed into the vehicle seat. for 3-year-old children in the updated designs, either currently available or With this option, the vehicle air bag in list were heavier than others. Honda available in recent years, including the right front passenger seat is proposed to limit the child restraint infant beds, infant seats with and suppressed when a child or a child in system mass to about 8.5 kg (18.7 without a base, convertible child seats, a child restraint system is placed on the pounds). Specifically, the petitioner forward-facing only seats, combination seat. If an adult occupies the front stated: child and booster seats, and booster seats child restraints.1 From this list, passenger seat, the feature enables the A current, popular system for automatic air bag deployment. The threshold for suppression of the air bag for the infant and NHTSA examined the weights of those enabling the air bag deployment is small child is seat weight detection. If restraints that could possibly be dependent on the design and calibration increasingly heavier CRSs are added to the included in sections C and D of FMVSS of the suppression system used. market endlessly, the stable and reliable No. 208 Appendix A, and therefore The agency selected certain child performance of small occupant detection relevant to the subject petition (e.g., restraint systems to be used for systems cannot be achieved. Consequently, forward-facing toddler, forward-facing compliance testing of the air bag future air bag suppression systems designed convertible seats, forward-facing suppression systems. The selected child to prevent deployment with infants or small toddler/belt positioning-booster seats, children in very heavy future CRSs could restraint systems are included as an also suppress deployment for small adults and belt-positioning booster seats). appendix (Appendix A, ‘‘Selection of such as the AF5 (5th percentile adult female). While the vast majority of these child child restraint systems’’) in FMVSS No. We are also concerned that older vehicles restraint systems weigh less than the 208. The list of child restraint systems already on the road with suppression systems Britax Expressway ISOFIX (currently, is periodically updated to reflect child calibrated to the lower weights of older CRS the heaviest child restraint system restraint systems currently on the specifications will fail to recognize newer, included in Appendix A of FMVSS No. market. On November 19, 2003, the heavier designs. This means the air bag could 208), NHTSA found at least seven child agency updated the list of child restraint deploy for an infant or small child in a very restraint systems heavier than the Britax heavy CRS in vehicles calibrated to lighter systems in Appendix A of FMVSS No. weight CRSs that were on the market at the Expressway ISOFIX. Further, six of 208 (68 FR 65179). FMVSS No. 208 time the vehicle suppression system was these are heavier than the 8.5 kg limit requires that vehicles be certified for designed. suggested by Honda in its petition. compliance using any of the child Therefore, we believe NHTSA should IV. Analysis restraint systems in Appendix A. amend the FMVSS No. 213, ‘‘Child Restraint Systems,’’ to limit the weight of all C3Y Appendix A of FMVSS No. 208 II. The Petition (Three-year-old Child Dummy) CRSs specifies a list of child restraint systems On February 11, 2004, the agency (including rear-facing, forward-facing and that may be used by NHTSA to test the received a petition for rulemaking from convertible type CRSs) produced in air bag suppression systems of a vehicle Honda requesting that NHTSA amend accordance with FMVSS 213 for the purpose that has been certified as complying of maintaining the appropriate airbag FMVSS No. 213 to limit the weight of deployment for small occupants. Based on with S19, S21, or S23 of FMVSS No. all child restraint systems, including the CRS designs available, perhaps a weight 208. When selecting a child restraint rear-facing, forward-facing, and limit of about 8.5 kilograms may be system to be included in Appendix A, convertible type restraints used by 3- appropriate. the agency considers a number of year-old children and produced in Based on the wide variety of CRS designs different factors. These factors are accordance with FMVSS No. 213, for already on the market, Honda does not outlined in the agency’s November the purpose of maintaining the believe this simple requirement would 2003, final rule as follows: unduly limit CRS designs or performance. A appropriate air bag deployment for In deciding whether to amend Appendix small occupants. Honda suggested that, lighter CRS weight would assist in assuring the proper operation of weight-based air bag A, NHTSA will consider a number of factors, based on available child restraint system suppression systems and would add to such as whether a particular restraint has designs, ‘‘perhaps a weight limit of consumer convenience and usage by being been a high volume model, whether it has about 8.5 kilograms (kg) (18.7 lb) may be easier to carry and install in a vehicle. mass and dimensions that are representative appropriate.’’ of many restraints on the market, whether its As Honda’s petition specifically III. Data mass and dimensions represent outliers, and whether a variety of restraint manufacturers addresses the air bag suppression Honda provided the mass distribution are represented in the appendix. This requirements for child restraints used for the child restraint systems in approach will allow us to limit Appendix A with the 3-year-old dummy, NHTSA Appendix A of FMVSS No. 208. The to those restraints that represent large notes that manufacturers choosing to weight distribution for these restraints portions of the CRS market, while including certify to FMVSS No. 208 S21.2, Option- ranged from about 1.5 kg (3.3 pounds) exceptionally large or small restraints. We Automatic suppression feature, must for Evenflo Right Fit to about 7.9 kg believe a combination of restraints is needed demonstrate compliance when using (17.4 pounds) for Britax Expressway to assure the robustness of automatic any of the child restraints listed in ISOFIX, with an average weight of about suppression systems under real world conditions. sections C and D of FMVSS No. 208 4.6 kg (11 pounds). Honda proposed to Appendix A. These child restraints limit the child restraint system weight Specifically with respect to Honda’s include (1) forward-facing toddler and to about 8.5 kg (18.7 pounds). It is concern about the increasing weight of forward-facing convertible seats, and (2) important to note that as currently forward-facing toddler/belt positioning- written, FMVSS No. 213 is a 1 SafetyBeltSafe U.S.A. provided the weights of these varying child restraints to NHTSA. A list of booster seats and belt-positioning performance standard, and as such, does the restrint make/models and weights has been booster seats. not specify any weight limit on submitted separately to this docket.
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child restraint systems, the heaviest use of flexible-type attachment recognize newer and heavier child child restraint system selected for hardware, which only marginally restraint systems. Honda stated that the inclusion in Appendix A, as amended increases the weight of the child air bag could deploy for an infant or in the November 19, 2003 final rule, is restraint system. Notably, the heaviest small child in a very heavy child about 0.5 kg (1.1 lbs) heavier than the child restraint system in Appendix A of restraint system in vehicles calibrated to heaviest child restraint system removed FMVSS No. 208-the Britax Expressway lighter weight child restraint systems from Appendix A. However, as noted ISOFIX-is a restraint that utilizes a rigid that were on the market at the time the earlier, the Britax Expressway ISOFIX is lower attachment system to connect to vehicle suppression system was lighter than at least seven other child the vehicle anchorages and is designed designed. NHTSA notes that the mass of restraint systems either currently for forward-facing use. These rigid the Britax Expressway ISOFIX is only available or available in recent years anchorages are typically heavier than 0.5 kg (1.1 lb) more than the previous that could be included in sections C and the flexible attachment hardware that is heaviest child restraint system included D of FMVSS No. 208 Appendix A. predominant in current designs. in Appendix A. This is a very nominal Importantly, NHTSA notes that there is However, we note that the Britax increase (approximately 3 percent) in no single established weight threshold Expressway ISOFIX, at 7.9 kg (17.4 lb), child restraint mass, and the agency for all weight-based air bag suppression is still significantly lighter than the would expect that the margin of safety systems on the market. The design of heaviest child restraint system designed into the occupant detection these systems may vary depending on a examined by NHTSA-the Britax Super systems used to control air bag number of different parameters, as long Elite (a forward-facing seat for children suppression systems is sufficient to as the system adequately suppresses the weighing between 22 and 80 pounds, address such small changes in child air bag when tested in accordance with equipped with a 5-point harness restraint system mass. This is especially the requirements of FMVSS No. 208. restraint system) at 11.6 kg (25.6 lb). important given that the agency has Honda stated that for weight-based Honda stated that based on the wide identified a number of child restraints occupant detection systems used for air variety of child restraint system designs either currently available or available in bag suppression, if increasingly heavier already on the market, the company the recent past that are heavier- and in child restraint systems are added to the does not believe a weight limit some cases, significantly heavier-than market endlessly, the stable and reliable requirement would unduly limit child the Britax Expressway ISOFIX. performance of small occupant restraint system design or performance. While Honda proposed to limit child detection systems could not be However, Honda did not present restraint system design mass to about achieved. NHTSA does not believe that evidence to support this claim. Absent 8.5 kg (18.7 lb), it did not provide any the addition of the Britax Expressway such evidence, there is no way for the rationale or supporting data to justify ISOFIX, the heaviest child restraint agency to confirm Honda’s assertion. As this 8.5 kg limit. This, coupled with the system included in Appendix A of noted earlier, FMVSS No. 213-as with fact that there is no single established FMVSS No. 208 to date, serves as an the other FMVSSs-is a performance weight threshold for all weight-based air indication that child restraints are standard. The agency does not believe bag suppression systems on the market, becoming heavier. As noted earlier, that it is appropriate to impose design- does not support the adoption of NHTSA has identified at least nine restrictive requirements that may hinder Honda’s proposed amendment. The child restraint systems that are above the development of safety features for agency does not have a rationale to the 8.5 kg mass limit proposed by use in future child restraint system restrict the mass of child restraint Honda. However, as FMVSS No. 213 designs. For example, NHTSA is systems to a limit of 8.5 kg at this time. While NHTSA does not believe that does not require child restraint systems conducting ongoing research in the area amendments are necessary at this time, to meet specific weight limits, NHTSA of improved side impact protection for the agency shares Honda’s concern. As does not weigh the restraints as part of children in crashes in response to the noted earlier, the agency does not weigh its annual compliance test program. As Transportation Recall, Enhancement, child restraints as part of the FMVSS such, the agency has no historical data Accountability and Documentation No. 213 compliance test program. to show that there is a trend towards (TREAD) Act. NHTSA does not want to However, the agency does now weigh increasingly heavier child restraint put constraints on potential innovative designs that could improve safety for these seats for use in (1) developing systems as implied by Honda. Further, children in this or other areas in the future upgrades to Appendix A of Honda did not provide such data in future, and believes that imposing FMVSS No. 208 and (2) the agency’s support of its petition. The agency did estimate that, in order design-restrictive parameters for child Child Restraint Ease of Use Ratings to comply with the requirement that all restraints-such as imposing a weight Program. In addition, we will continue child restraint systems have hardware limit as suggested in the subject to monitor developments on this matter enabling the restraint to attach to the petition-could potentially preclude the through the Society of Automotive development of safety advances. While universal child restraint anchorage Engineers-Child Restraint Systems FMVSS No. 213 does not currently system required in vehicles as a result Standard Committee, whose members specify weight limits on child restraint of FMVSS No. 225, ‘‘Child restraint include motor vehicle and motor designs, the agency notes, as did Honda, anchorage systems,’’ each child restraint vehicle equipment manufacturers, and that lighter weight child restraint system would have an incremental child restraint systems manufacturers. systems can be considered more user- weight increase ranging from less than This committee has been and continues friendly in that they are easier to move 0.45 kg (1 pound) to 1.36 kg (3 pounds) to be in dialog on this subject, and we from one vehicle to another and from depending on the type of attachment will ensure that the concerns are well one seating position to another in the communicated. hardware used.2 To date, virtually all same vehicle if needed. child restraint systems have adopted the Honda stated that it is concerned that VI. Conclusion older vehicles that are already on the The agency has clearly noted the 2 Final Economic Assessment, FMVSS No. 213, FMVSS No. 225, Child Restraint Systems, Child road, with suppression systems composition of Appendix A is intended Restraint Anchorage Systems. Docket No. NHTSA– calibrated to the lower weights of older to represent large portions of the child 1998–3390–27, Page 44, February 1999. child restraint systems, will fail to restraint system market, while including
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exceptionally large or small restraints. Issued on: October 13, 2005. (Chelonia mydas) turtles are listed as This combination of restraints is needed Stephen R. Kratzke, threatened, except for breeding to assure the robustness of automatic Associate Administrator for Rulemaking. populations of green turtles in Florida suppression systems under real world [FR Doc. 05–21465 Filed 10–26–05; 8:45 am] and on the Pacific coast of Mexico, conditions. It is also important to note BILLING CODE 4910–59–P which are listed as endangered. that when Appendix A was amended in Sea turtles are incidentally taken, and November 2003, the Britax Expressway some are killed, as a result of numerous activities, including fishery-related ISOFIX was unique in design, in that it DEPARTMENT OF COMMERCE trawling activities in the Gulf of Mexico was the only child restraint system and along the Atlantic seaboard. Under available with rigid Lower Anchors and National Oceanic and Atmospheric Administration the ESA and its implementing Tethers for Children (LATCH) regulations, the taking of sea turtles is attachments. While the agency has 50 CFR Parts 222 and 223 prohibited, with exceptions identified identified a small percentage of child in 50 CFR 223.206(d), or according to restraint systems that weigh more than [Docket No.050922245–5276–02; I.D. the terms and conditions of a biological the Britax Expressway ISOFIX, the 092005A, 100505D] opinion issued under section 7 of the inclusion of heavier child restraint RIN 0648–AT89 ESA, or according to an incidental take system designs is not inconsistent with permit issued under section 10 of the the intent of Appendix A of FMVSS No. Sea Turtle Conservation; Shrimp ESA. The incidental taking of turtles 208. Further, while the Britax Trawling Requirements during shrimp or summer flounder Expressway ISOFIX is approximately trawling is exempted from the taking AGENCY: 0.5 kg (1.1 lb) heavier than the heaviest National Marine Fisheries prohibition of section 9 of the ESA if the Service (NMFS), National Oceanic and child restraint system that was removed conservation measures specified in the Atmospheric Administration (NOAA), from Appendix A as amended in the sea turtle conservation regulations (50 Commerce. November 2003 final rule, the agency CFR 223) are followed. The regulations does not consider this to be an ACTION: Temporary rule. require most shrimp trawlers and summer flounder trawlers operating in indication that child restraint system SUMMARY: NMFS issues this temporary designs are increasing in weight. the southeastern United States (Atlantic rule to allow shrimp fishermen to area, Gulf area, and summer flounder As noted earlier, FMVSS No. 213 is a continue to use limited tow times as an sea turtle protection area, see 50 CFR performance standard, and does not alternative to Turtle Excluder Devices 223.206) to have a NMFS-approved TED specify particular design constraints (TEDs) in inshore and offshore waters installed in each net that is rigged for such as mass and/or dimensions. Honda from the Florida/Alabama border, fishing to allow sea turtles to escape. did not provide any rationale for its westward to the boundary shared by TEDs currently approved by NMFS proposal to limit child restraint system Matagorda and Brazoria Counties, include single-grid hard TEDs and designs to a maximum of 8.5 kg (18.7 Texas, and extending offshore 50 hooped hard TEDs conforming to a lb). NHTSA has not identified any real- nautical miles, as initially authorized in generic description, the flounder TED, world data to support the need to limit rules published on September 28 and and one type of soft TED the Parker soft the weight of child restraint systems, October 14, 2005. This action is TED (see 50 CFR 223.207). necessary because environmental and specifically as it relates to the TEDs incorporate an escape opening, conditions resulting from Hurricanes performance of occupant detection usually covered by a webbing flap, Katrina and Rita persist on the fishing systems for automatic air bag which allows sea turtles to escape from grounds, preventing some fishermen suppression. Further, specification of a trawl nets. To be approved by NMFS, a from using TEDs effectively. TED design must be shown to be 97 child restraint system mass limit, when DATES: Effective from October 24, 2005, percent effective in excluding sea turtles considered in conjunction with the through 11:59 p.m, local time, during testing based upon specific mass of the dummy used in air bag November 23, 2005. testing protocols (50 CFR 223.207(e)(1)). suppression testing, would effectively ADDRESSES: Requests for copies of the Most approved hard TEDs are described establish a weight threshold for weight- in the regulations (50 CFR 223.207(a)) based air bag suppression systems. It is Environmental Assessment on this action should be addressed to the Chief, according to generic criteria based upon not the intent of the agency to specify Marine Mammal Division, Office of certain parameters of TED design, such a threshold. Each vehicle Protected Resources, NMFS, 1315 East- configuration, and installation, manufacturer is responsible for meeting West Highway, Silver Spring, MD including height and width dimensions the requirements of FMVSS No. 208 20910. of the TED opening through which the when using any of the child restraint turtles escape. systems listed in Appendix A. FOR FURTHER INFORMATION CONTACT: The regulations governing sea turtle Michael Barnette, 727–551–5794. take prohibitions and exemptions In consideration of the foregoing, SUPPLEMENTARY INFORMATION: provide for the use of limited tow times NHTSA is denying Honda’s petition for as an alternative to the use of TEDs for rulemaking to amend FMVSS No. 213 to Background vessels with certain specified adopt a design weight limit for child All sea turtles that occur in U.S. characteristics or under certain special restraint systems used with the 3-year- waters are listed as either endangered or circumstances. The provisions of 50 old dummy. In accordance with 49 CFR threatened under the Endangered CFR 223.206(d)(3)(ii) specify that the Part 552, this completes the agency’s Species Act of 1973 (ESA). The Kemp’s NOAA Assistant Administrator for review of the petition. ridley (Lepidochelys kempii), Fisheries (AA) may authorize Authority: 49 U.S.C. 322, 30111, 30115, leatherback (Dermochelys coriacea), and compliance with tow time restrictions 30117 and 30166; delegation of authority at hawksbill (Eretmochelys imbricata) as an alternative to the TED requirement 49 CFR 1.50. turtles are listed as endangered. The if the AA determines that the presence loggerhead (Caretta caretta) and green of algae, seaweed, debris, or other
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special environmental conditions in a dissipate anytime soon. When a TED is angle of 45°, relative to the normal particular area makes trawling with clogged with debris it can no longer horizontal flow of water through the TED-equipped nets impracticable. The catch shrimp effectively nor can it trawl, to optimize the TED’s ability to provisions of 50 CFR 223.206(d)(3)(i) effectively exclude turtles. NMFS has exclude turtles and debris. Furthermore, specify the maximum tow times that investigated the continuing problems the use of accelerator funnels, which are may be used when tow time limits are with debris and has determined that allowable modifications to hard TEDs, is authorized as an alternative to the use shrimp fisherman may continue to use not recommended in areas with heavy of TEDs. Each tow may be no more than limited two times as an alterative to amounts of debris or vegetation. Lastly, 55 minutes from April 1 through TEDs in inshore and offshore waters in the webbing flap that is usually October 31 and no more than 75 the affected area off Alabama westward installed to cover the turtle escape minutes from November 1 through through Texas. opening may be modified to help March 31, as measured from the time exclude debris quickly: the webbing flap Special Environmental Conditions that the trawl doors enter the water until can either be cut horizontally to shorten they are removed from the water. These The AA finds that debris washed into it so that it does not overlap the frame tow time limits are designed to inshore and offshore waters by of the TED or be slit in a fore-and-aft minimize the level of mortality of sea Hurricanes Katrina and Rita off direction to facilitate the exclusion of turtles that are captured by trawl nets Alabama, westward to the boundary debris. The use of the double cover flap not equipped with TEDs. shared by Matagorda and Brazoria TED will also aid in debris exclusion. Counties, Texas, and extending offshore All of these recommendations Recent Events 50 nautical miles, has created ongoing represent legal configurations of TEDs On September 12, 2005, the NMFS special environmental conditions that for shrimpers fishing in the affected Southeast Regional Administrator make trawling with TED-equipped nets areas. This action does not authorize received requests from the Marine impracticable. Therefore, the AA issues any other departure from the TED Fisheries Division of the Alabama this notification to extend the two requirements, including any illegal Department of Conservation and Natural previous authorizations for the use of modifications to TEDs. In particular, if Resources (ALDCNR) and the Louisiana restricted tow times as an alternative to TEDs are installed in trawl nets, they Department of Wildlife and Fisheries the use of TEDs in inshore and offshore may not be sewn shut. (LADWF) to allow the use of tow times waters off Alabama, westward to the as an alternative to TEDs in inshore and boundary shared by Matagorda and Alternative to Required Use of TEDs offshore waters because of excessive Brazoria Counties, Texas, and extending The authorization provided by this storm-related debris on the fishing offshore 50 nautical miles, through rule applies to all shrimp trawlers that grounds as a result of Hurricane Katrina. 11:59 p.m. on November 23, 2005. Tow would otherwise be required to use NMFS received a similar request from times must be limited to no more than TEDs in accordance with the the Mississippi Department of Marine 55 minutes measured from the time requirements of 50 CFR 223.206(d)(2) Resources (MDMR) on September 13. trawl doors enter the water until they who are operating in inshore and On September 27, 2005, the NMFS are retrieved from the water through offshore waters affected by Hurricanes Southeast Regional Administrator October 31, 2005, and no more than 75 Katrina and Rita off Alabama, westward received requests from the Louisiana minutes from the time trawl doors enter to the boundary shared by Matagorda Department of Wildlife and Fisheries the water until they are retrieved, and Brazoria Counties, Texas, and (LADWF) and the Texas Parks and November 1 through November 23, extending offshore 50 nautical miles, Wildlife Department (TPWD) to allow 2005; thus, the permitted tow time will through November 23, 2005. Through the use of tow times as an alternative to change part way through this exemption this temporary rule, shrimp trawlers TEDs in inshore and offshore waters period. may choose either restricted tow times because of excessive storm-related or TEDs to comply with the sea turtle debris on the fishing grounds as a result Continued Use of TEDs conservation regulations, as prescribed of Hurricane Rita. Subsequent to these NMFS encourages shrimp trawlers in above. requests, NMFS issued 30–day the affected areas to continue to use Alternative to Required Use of TEDs; exemptions to the TED requirements TEDs if possible, even though they are Termination from September 23 through October 23, authorized under this action to use 2005, and October 11 through November restricted tow times. The AA, at any time, may withdraw 10, 2005, for waters affected by NMFS’ gear experts have provided or modify this temporary authorization Hurricanes Katrina and Rita, several general operational to use tow time restrictions in lieu of respectively (70 FR 56593 and 70 FR recommendations to fishermen to TEDs through publication of a notice in 60013, respectively). maximize the debris exclusion ability of the Federal Register, if necessary to On October 11, 2005, the NMFS TEDs that may allow some fishermen to ensure adequate protection of Southeast Regional Administrator continue using TEDs without resorting endangered and threatened sea turtles. received requests from the ALDCNR, to restricted tow times. To exclude Under this procedure, the AA may MDMR, LADWF, and the TPWD for an debris, NMFS recommends the use of modify the affected area or impose any additional 30–day period allowing the hard TEDs made of either solid rod or necessary additional or more stringent use of restricted tow times as an of hollow pipe that incorporate a bent measures, including more restrictive alternative to TEDs in inshore and angle at the escape opening, in a tow times, synchronized tow times, or offshore waters because of excessive bottom-opening configuration. In withdrawal of the authorization if the storm-related debris that is still present addition, the installation angle of a hard AA determines that the alternative on the fishing grounds as a result of TED in the trawl extension is an authorized by this rule is not Hurricanes Katrina and Rita. After an important performance element in sufficiently protecting turtles or no investigation, NMFS has determined excluding debris from the trawl. High longer needed. The AA may also that this debris is still affecting installation angles can trap debris either terminate this authorization if fishermen’s ability to use TEDs on or in front of the bars of the TED; information from enforcement, state effectively, which is not expected to NMFS recommends an installation authorities, or NMFS indicates
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compliance cannot be monitored unusually high amounts of debris has affected industry relief from the effects effectively. This authorization will created ongoing special environmental of Hurricanes Katrina and Rita in a expire automatically at 11:59 p.m., local conditions that make trawling with timely manner. For the reasons stated time, on November 23, 2005, unless it TED-equipped nets impracticable. Prior above, the AA finds that this temporary is explicitly extended through another notice and opportunity to comment are rule should not be subject to a 30–day notification published in the Federal impracticable and contrary to the public delay in effective date, pursuant to 5 Register. interest in this instance because U.S.C. 553(d)(1). providing notice and comment would Classification Since prior notice and an opportunity prevent the agency from providing the for public comment are not required to This action has been determined to be affected industry relief from the effects be provided for this action by 5 U.S.C. not significant for purposes of Executive of Hurricanes Katrina and Rita in a 553, or by any other law, the analytical Order 12866. timely manner. requirements of 5 U.S.C. 601 et seq. are The AA has determined that this The AA finds that there is good cause inapplicable. action is necessary to respond to special to waive the 30–day delay in effective The AA prepared an Environmental environmental conditions to allow more date pursuant to 5 U.S.C. 553(d)(3) to Assessment (EA) for this rule. Copies of efficient fishing for shrimp, while provide alternatives to comply with the the EA are available (see ADDRESSES). providing adequate protection for sea turtle regulations in a timely endangered and threatened sea turtles manner. Many fishermen may be unable Dated: October 24, 2005. pursuant to the ESA and applicable to operate under the special James W. Balsiger, regulations. environmental conditions created by Acting Deputy Assistant Administrator for Pursuant to 5 U.S.C. 553(b)(B), the AA Hurricanes Katrina and Rita without an Regulatory Programs, National Marine finds that there is good cause to waive alternative to using TEDs. Providing a Fisheries Service. prior notice and opportunity to 30–day delay in effective date would [FR Doc. 05–21485 Filed 10–24–05; 2:28 pm] comment on this rule. The AA finds that prevent the agency from providing the BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 70, No. 207
Thursday, October 27, 2005
This section of the FEDERAL REGISTER Seventh Street, SW., Nassif Building, person at the Docket Management contains notices to the public of the proposed room PL–401, Washington, DC 20590. Facility office between 9 a.m. and 5 issuance of rules and regulations. The • Fax: (202) 493–2251. p.m., Monday through Friday, except purpose of these notices is to give interested • Hand Delivery: Room PL–401 on Federal holidays. The Docket persons an opportunity to participate in the the plaza level of the Nassif Building, Management Facility office (telephone rule making prior to the adoption of the final rules. 400 Seventh Street, SW., Washington, (800) 647–5227) is located on the plaza DC, between 9 a.m. and 5 p.m., Monday level of the Nassif Building at the DOT through Friday, except Federal holidays. street address stated in the ADDRESSES DEPARTMENT OF TRANSPORTATION Contact Raytheon Aircraft Company, section. Comments will be available in Department 62, P.O. Box 85, Wichita, the AD docket shortly after the Docket Federal Aviation Administration Kansas, 67201–0085 for the service Management System receives them. information identified in this proposed Discussion 14 CFR Part 39 AD. FOR FURTHER INFORMATION CONTACT: We have received a report of the [Docket No. FAA–2005–22749; Directorate installation of an incorrect fuse on the Identifier 2005–NM–188–AD] Philip Petty, Aerospace Engineer, Electrical Systems and Avionics, ACE– over-temperature switch on panel ZK in RIN 2120–AA64 119W, FAA, Wichita Aircraft the rear equipment bay on Raytheon Certification Office, 1801 Airport Road, Model Hawker 800XP airplanes. The Airworthiness Directives; Raytheon room 100, Mid-Continent Airport, manufacturer indicated that, during Model Hawker 800XP Airplanes Wichita, Kansas 67209; telephone (316) airplane maintenance, a 20-amp fuse, 946–4139; fax (316) 946–4107. instead of the required 3-amp fuse, may AGENCY: Federal Aviation have inadvertently been installed on Administration (FAA), Department of SUPPLEMENTARY INFORMATION: fuse F1 of the ZK panel. This condition, Transportation (DOT). Comments Invited if not corrected, could result in a short ACTION: Notice of proposed rulemaking circuit in the fuse and consequent heat We invite you to submit any relevant (NPRM). damage to associated wiring and written data, views, or arguments surrounding equipment, which could regarding this proposed AD. Send your SUMMARY: The FAA proposes to adopt a result in smoke or fire on the airplane. new airworthiness directive (AD) for comments to an address listed in the certain Raytheon Model Hawker 800XP ADDRESSES section. Include the docket Relevant Service Information airplanes. This proposed AD would number ‘‘FAA–2005–22749; Directorate We have reviewed Raytheon Service require inspecting to determine if the Identifier 2005–NM–188–AD’’ at the Bulletin SB 24–3724, dated May 2005. correct fuse is installed on the hydraulic beginning of your comments. We The service bulletin describes over-temperature switch on panel ZK in specifically invite comments on the procedures for inspecting to determine the rear equipment bay, and replacing overall regulatory, economic, if a 20-amp fuse is installed on the the existing fuse if necessary. This environmental, and energy aspects of hydraulic over-temperature switch on proposed AD results from a report of the the proposed AD. We will consider all panel ZK in the rear equipment bay, and installation of an incorrect fuse on the comments received by the closing date replacing any 20-amp fuse with a 3-amp over-temperature switch on panel ZK in and may amend the proposed AD in fuse. The service bulletin also the rear equipment bay during airplane light of those comments. recommends reporting compliance with maintenance. We are proposing this AD We will post all comments we the service bulletin and contacting the to prevent a short circuit in the fuse and receive, without change, to http:// manufacturer if signs of damage are consequent heat damage to associated dms.dot.gov, including any personal found on associated terminals and wiring and surrounding equipment, information you provide. We will also wires. which could result in smoke or fire on post a report summarizing each FAA’s Determination and Requirements the airplane. substantive verbal contact with FAA personnel concerning this proposed AD. of the Proposed AD DATES: We must receive comments on Using the search function of that web this proposed AD by December 12, We have evaluated all pertinent site, anyone can find and read the 2005. information and identified an unsafe comments in any of our dockets, condition that is likely to exist or ADDRESSES: Use one of the following including the name of the individual develop on other airplanes of this same addresses to submit comments on this who sent the comment (or signed the type design. For this reason, we are proposed AD. comment on behalf of an association, proposing this AD, which would require • DOT Docket Web site: Go to business, labor union, etc.). You may accomplishing the actions specified in http://dms.dot.gov and follow the review DOT’s complete Privacy Act the service information described instructions for sending your comments Statement in the Federal Register previously, except as discussed under electronically. published on April 11, 2000 (65 FR ‘‘Differences Between the Proposed AD • Government-wide rulemaking Web 19477–78), or you may visit http:// and Service Bulletin.’’ site: Go to http://www.regulations.gov dms.dot.gov. and follow the instructions for sending Differences Between the Proposed AD your comments electronically. Examining the Docket and Service Bulletin • Mail: Docket Management Facility, You may examine the AD docket on Where the service bulletin specifies U.S. Department of Transportation, 400 the Internet at http://dms.dot.gov, or in contacting the manufacturer if any sign
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of damage is found on associated safety in air commerce. This regulation Applicability terminals and wires, this proposed AD is within the scope of that authority (c) This AD applies to Raytheon Model would require that, before further flight, because it addresses an unsafe condition Hawker 800XP airplanes, certificated in any you must contact the FAA for applicable that is likely to exist or develop on category, serial numbers 258541, 258556, and repair actions. Then, before further products identified in this rulemaking 258567 through 258713 inclusive. flight, accomplish the applicable repair action. Unsafe Condition actions specified by the FAA in Regulatory Findings (d) This AD results from a report of the accordance with a method approved by installation of an incorrect fuse on the over- the FAA. We have determined that this temperature switch on panel ZK in the rear Although the Accomplishment proposed AD would not have federalism equipment bay during airplane maintenance. Instructions of the service bulletin implications under Executive Order We are issuing this AD to prevent a short describe procedures for reporting 13132. This proposed AD would not circuit in the fuse and consequent heat compliance with the service bulletin, have a substantial direct effect on the damage to associated wiring and surrounding this proposed AD would not require that States, on the relationship between the equipment, which could result in smoke or action. national Government and the States, or fire on the airplane. The service bulletin refers only to an on the distribution of power and Compliance ‘‘inspection’’ to ensure that a 20-amp responsibilities among the various fuse is not installed. We have levels of government. (e) You are responsible for having the determined that the procedures in the actions required by this AD performed within For the reasons discussed above, I the compliance times specified, unless the service bulletin should be described as certify that the proposed regulation: actions have already been done. a ‘‘general visual inspection.’’ Note 1 1. Is not a ‘‘significant regulatory has been included in this proposed AD action’’ under Executive Order 12866; Inspect and Replace if Necessary to define this type of inspection. 2. Is not a ‘‘significant rule’’ under the (f) Within 50 flight hours or 30 days after DOT Regulatory Policies and Procedures the effective date of this AD, whichever is Clarification of Service Bulletin Note first: Do a general visual inspection to (44 FR 11034, February 26, 1979); and The Raytheon service bulletin determine if a 20-amp fuse is installed on the includes a note in the Accomplishment 3. Will not have a significant hydraulic over-temperature switch on panel Instructions to inform operators to economic impact, positive or negative, ZK in the rear equipment bay in accordance contact Raytheon ‘‘should any difficulty on a substantial number of small entities with the Accomplishment Instructions of be encountered’’ in accomplishing the under the criteria of the Regulatory Raytheon Service Bulletin SB 24–3724, dated service bulletin. We have included Note Flexibility Act. May 2005. If a 20-amp fuse is installed, We prepared a regulatory evaluation before further flight, replace with a 3-amp 2 in this proposed AD to clarify that any fuse in accordance with the Accomplishment deviation from the instructions of the estimated costs to comply with this proposed AD and placed it in the Instructions of the service bulletin. provided in the service bulletin must be Note 1: For the purposes of this AD, a approved as an alternative method of AD docket. See the ADDRESSES section for a location to examine the regulatory general visual inspection is: ‘‘A visual compliance under paragraph (g) of this examination of an interior or exterior area, proposed AD. evaluation. installation, or assembly to detect obvious Costs of Compliance List of Subjects in 14 CFR Part 39 damage, failure, or irregularity. This level of inspection is made from within touching There are about 138 airplanes of the Air transportation, Aircraft, Aviation distance unless otherwise specified. A mirror affected design in the worldwide fleet. safety, Safety. may be necessary to enhance visual access to all exposed surfaces in the inspection area. This proposed AD would affect about The Proposed Amendment 110 airplanes of U.S. registry. The This level of inspection is made under proposed actions would take about 2 Accordingly, under the authority normally available lighting conditions such work hours per airplane, at an average delegated to me by the Administrator, as daylight, hangar lighting, flashlight, or droplight and may require removal or labor rate of $65 per work hour. the FAA proposes to amend 14 CFR part 39 as follows: opening of access panels or doors. Stands, Required parts cost is negligible. Based ladders, or platforms may be required to gain on these figures, the estimated cost of proximity to the area being checked.’’ the proposed AD for U.S. operators is PART 39—AIRWORTHINESS $14,300, or $130 per airplane. DIRECTIVES Note 2: A note in the Accomplishment Instructions of the Raytheon service bulletin Authority for This Rulemaking 1. The authority citation for part 39 instructs operators to contact Raytheon if any continues to read as follows: difficulty is encountered in accomplishing Title 49 of the United States Code the service bulletin. However, any deviation Authority: 49 U.S.C. 106(g), 40113, 44701. specifies the FAA’s authority to issue from the instructions provided in the service rules on aviation safety. Subtitle I, § 39.13 [Amended] bulletin must be approved as an alternative section 106, describes the authority of method of compliance (AMOC) under the FAA Administrator. Subtitle VII, 2. The Federal Aviation paragraph (g) of this AD. Aviation Programs, describes in more Administration (FAA) amends § 39.13 detail the scope of the Agency’s by adding the following new Repair Approval authority. airworthiness directive (AD): (g) Where the Raytheon Service Bulletin SB We are issuing this rulemaking under Raytheon Aircraft Company: Docket No. 24–3724, dated May 2005, says to contact the the authority described in subtitle VII, FAA–2005–22749; Directorate Identifier manufacturer if any sign of damage is found part A, subpart III, section 44701, 2005–NM–188–AD. on associated terminals and wires: Before ‘‘General requirements.’’ Under that further flight, contact the Manager, Wichita Comments Due Date Aircraft Certification Office, FAA, for section, Congress charges the FAA with (a) The FAA must receive comments on applicable repair actions; then, before further promoting safe flight of civil aircraft in this AD action by December 12, 2005. flight, accomplish the applicable repair air commerce by prescribing regulations actions specified according to a method for practices, methods, and procedures Affected ADs approved by the Manager, Wichita Aircraft the Administrator finds necessary for (b) None. Certification Office.
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Alternative Methods of Compliance on the ground and major structural comment on behalf of an association, (AMOCs) damage to the airplane. business, labor union, etc.). You may (h)(1) The Manager, Wichita Aircraft DATES: We must receive comments on review the DOT’s complete Privacy Act Certification Office, has the authority to this proposed AD by November 28, Statement in the Federal Register approve AMOCs for this AD, if requested in 2005. published on April 11, 2000 (65 FR accordance with the procedures found in 14 19477–78), or you may visit http:// ADDRESSES: Use one of the following CFR 39.19. dms.dot.gov. (2) Before using any AMOC approved in addresses to submit comments on this accordance with § 39.19 on any airplane to proposed AD. Examining the Docket • which the AMOC applies, notify the DOT Docket Web site: Go to You may examine the AD docket on appropriate principal inspector in the FAA http://dms.dot.gov and follow the Flight Standards Certificate Holding District the Internet at http://dms.dot.gov, or in instructions for sending your comments person at the Docket Management Office. electronically. • Facility office between 9 a.m. and 5 Issued in Renton, Washington, on October Government-wide rulemaking Web p.m., Monday through Friday, except 18, 2005. site: Go to http://www.regulations.gov Federal holidays. The Docket Kevin M. Mullin, and follow the instructions for sending Management Facility office (telephone Acting Manager, Transport Airplane your comments electronically. • (800) 647–5227) is located on the plaza Directorate, Aircraft Certification Service. Mail: Docket Management Facility, level of the Nassif Building at the DOT [FR Doc. 05–21438 Filed 10–26–05; 8:45 am] U.S. Department of Transportation, 400 street address stated in the ADDRESSES BILLING CODE 4910–13–P Seventh Street, SW., Nassif Building, section. Comments will be available in room PL–401, Washington, DC 20590. • the AD docket shortly after the Docket Fax: (202) 493–2251. Management System receives them. DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, Discussion Federal Aviation Administration 400 Seventh Street, SW., Washington, The Civil Aviation Authority (CAA), DC, between 9 a.m. and 5 p.m., Monday which is the airworthiness authority for 14 CFR Part 39 through Friday, except Federal holidays. the United Kingdom, notified us that an [Docket No. FAA–2005–22791; Directorate Contact British Aerospace Regional unsafe condition may exist on all BAE Identifier 2005–NM–083–AD] Aircraft American Support, 13850 Systems (Operations) Limited Model Mclearen Road, Herndon, Virginia BAe 146–100A and –200A series RIN 2120–AA64 20171, for service information identified airplanes. The CAA advises that Chapter in this proposed AD. Airworthiness Directives; BAE 5 of the airplane maintenance manual FOR FURTHER INFORMATION CONTACT: Systems (Operations) Limited Model (AMM) may contain incorrect safe-life BAe 146–100A and –200A Series Todd Thompson, Aerospace Engineer, limit information for certain nose Airplanes International Branch, ANM–116, FAA, landing gear (NLG) assemblies. Transport Airplane Directorate, 1601 Operating with an NLG fitting AGENCY: Federal Aviation Lind Avenue, SW., Renton, Washington subassembly that is beyond its approved Administration (FAA), Department of 98055–4056; telephone (425) 227–1175; safe-life limit could lead to fatigue Transportation (DOT). fax (425) 227–1149. cracking of the main fitting of the NLG. ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: This condition, if not corrected, could result in failure of the NLG and (NPRM). Comments Invited consequent loss of directional control SUMMARY: The FAA proposes to adopt a We invite you to submit any relevant on the ground and major structural new airworthiness directive (AD) for all written data, views, or arguments damage to the airplane. BAE Systems (Operations) Limited regarding this proposed AD. Send your Model BAe 146–100A and –200A series comments to an address listed in the Relevant Service Information airplanes. This proposed AD would ADDRESSES section. Include the docket BAE Systems has issued Service require inspecting the nose landing gear number ‘‘FAA–2005–22791; Directorate Bulletin ISB.32–169, dated October 4, (NLG) assembly to determine the part Identifier 2005–NM–083–AD’’ at the 2004. The service bulletin describes number of the NLG main fitting beginning of your comments. We procedures for inspecting the NLG subassembly. For subject NLG main specifically invite comments on the assembly to determine the part number fitting subassemblies, this proposed AD overall regulatory, economic, of the NLG main fitting subassembly. If would also require determining the total environmental, and energy aspects of a subassembly having a subject part number of accumulated landings on a the proposed AD. We will consider all number is installed, the service bulletin subject NLG main fitting subassembly, comments received by the closing date specifies determining the total and eventually replacing the NLG and may amend the proposed AD in accumulated landings on the assembly. This proposed AD results light of those comments. subassembly (since it was new or from a report indicating that the We will post all comments we overhauled); eventually replacing the airplane maintenance manual contains receive, without change, to http:// NLG assembly with a new, serviceable, incorrect safe-life limit information for dms.dot.gov, including any personal or overhauled NLG assembly; and certain NLG assemblies. We are information you provide. We will also returning the replaced NLG assembly to proposing this AD to ensure that post a report summarizing each Messier-Dowty or an overhaul facility. affected NLG fitting subassemblies are substantive verbal contact with FAA (For the purposes of this proposed AD, removed from service before they reach personnel concerning this proposed AD. a serviceable NLG is one on which the their approved safe-life limit. Operating Using the search function of that Web part number of the NLG main fitting with an NLG fitting subassembly that is site, anyone can find and read the subassembly has been identified and the beyond its approved safe-life limit could comments in any of our dockets, number of landings has been result in failure of the NLG and including the name of the individual determined if necessary.) consequent loss of directional control who sent the comment (or signed the Accomplishing the actions specified in
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the service information is intended to for practices, methods, and procedures Affected ADs adequately address the unsafe the Administrator finds necessary for (b) None. condition. The CAA mandated the safety in air commerce. This regulation Applicability service information and issued British is within the scope of that authority airworthiness directive G–2005–0001, because it addresses an unsafe condition (c) This AD applies to all BAE Systems (Operations) Limited Model BAe 146–100A dated January 12, 2005, to ensure the that is likely to exist or develop on and –200A series airplanes, certificated in continued airworthiness of these products identified in this rulemaking any category. airplanes in the United Kingdom. action. BAE Systems Service Bulletin ISB.32– Unsafe Condition 169 refers to Messier-Dowty Service Regulatory Findings (d) This AD results from a report indicating Bulletin 146–32–155, dated July 16, We have determined that this that the airplane maintenance manual 2004, as an additional source of service proposed AD would not have federalism contains incorrect safe-life limit information information for inspecting to determine implications under Executive Order for certain nose landing gear (NLG) assemblies. We are issuing this AD to ensure the part number of the NLG main fitting 13132. This proposed AD would not that affected NLG fitting subassemblies are subassembly, determining the number have a substantial direct effect on the removed from service before they reach their of accumulated landings on the NLG States, on the relationship between the approved safe-life limit. Operating with an main fitting subassembly, and replacing national Government and the States, or NLG fitting subassembly that is beyond its the NLG assembly. on the distribution of power and approved safe-life limit could result in failure responsibilities among the various of the NLG and consequent loss of directional FAA’s Determination and Requirements levels of government. control on the ground and major structural of the Proposed AD damage to the airplane. For the reasons discussed above, I These airplane models are certify that the proposed regulation: Compliance manufactured in the United Kingdom 1. Is not a ‘‘significant regulatory (e) You are responsible for having the and are type certificated for operation in action’’ under Executive Order 12866; actions required by this AD performed within the United States under the provisions 2. Is not a ‘‘significant rule’’ under the the compliance times specified, unless the of section 21.29 of the Federal Aviation DOT Regulatory Policies and Procedures actions have already been done. Regulations (14 CFR 21.29) and the (44 FR 11034, February 26, 1979); and Service Bulletin Reference applicable bilateral airworthiness 3. Will not have a significant agreement. Pursuant to this bilateral (f) The term ‘‘service bulletin,’’ as used in economic impact, positive or negative, this AD, means the Accomplishment airworthiness agreement, the CAA has on a substantial number of small entities Instructions of BAE Systems Service Bulletin kept the FAA informed of the situation under the criteria of the Regulatory ISB.32–169, dated October 4, 2004. described above. We have examined the Flexibility Act. (1) The service bulletin refers to Messier- CAA’s findings, evaluated all pertinent We prepared a regulatory evaluation Dowty Service Bulletin 146–32–155, dated information, and determined that we July 16, 2004, as an additional source of of the estimated costs to comply with need to issue an AD for airplanes of this service information for inspecting to this proposed AD and placed it in the type design that are certificated for determine the part number of the NLG main AD docket. See the ADDRESSES section operation in the United States. fitting subassembly, determining the number Therefore, we are proposing this AD, for a location to examine the regulatory of accumulated landings on the NLG main evaluation. fitting subassembly, and replacing the NLG which would require accomplishing the assembly. actions specified in BAE Systems List of Subjects in 14 CFR Part 39 (2) Although the service bulletin specifies Service Bulletin ISB.32–169, described Air transportation, Aircraft, Aviation to submit certain information to the previously. manufacturer and to return replaced NLG safety, Safety. assemblies to the manufacturer or other Costs of Compliance The Proposed Amendment overhaul facility, this AD does not require This proposed AD would affect about that action. Accordingly, under the authority 18 airplanes of U.S. registry. The Inspection To Determine Part Number proposed inspection would take about 1 delegated to me by the Administrator, (g) Within 30 days after the effective date work hour per airplane, at an average the FAA proposes to amend 14 CFR part 39 as follows: of this AD: Inspect the nose landing gear labor rate of $65 per work hour. Based (NLG) assembly to determine the part on these figures, the estimated cost of PART 39—AIRWORTHINESS number of the NLG main fitting subassembly, the proposed AD for U.S. operators is DIRECTIVES in accordance with the service bulletin. If the $1,170, or $65 per airplane. part number of the NLG main fitting subassembly is not listed in paragraph 1.A.(2) Authority for This Rulemaking 1. The authority citation for part 39 continues to read as follows: of the service bulletin: This paragraph Title 49 of the United States Code requires no further action. A review of specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. airplane maintenance records is acceptable in rules on aviation safety. Subtitle I, lieu of this inspection if the part number of § 39.13 [Amended] the NLG main fitting subassembly can be Section 106, describes the authority of 2. The Federal Aviation conclusively determined from that review. the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13 Replacement of NLG Aviation Programs, describes in more by adding the following new (h) If the part number of the NLG main detail the scope of the Agency’s airworthiness directive (AD): authority. fitting subassembly is listed in paragraph We are issuing this rulemaking under BAE Systems (Operations) Limited 1.A.(2) of the service bulletin: Determine the the authority described in Subtitle VII, (Formerly British Aerospace Regional total accumulated landings on the Part A, Subpart III, Section 44701, Aircraft): Docket No. FAA–2005–22791; subassembly (since the subassembly was new Directorate Identifier 2005–NM–083–AD. or overhauled); and replace the NLG with a ‘‘General requirements.’’ Under that new, serviceable, or overhauled subassembly; section, Congress charges the FAA with Comments Due Date in accordance with the service bulletin. (For promoting safe flight of civil aircraft in (a) The FAA must receive comments on the purposes of this AD, a serviceable NLG air commerce by prescribing regulations this AD action by November 28, 2005. is one on which the NLG main fitting
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subassembly has been identified, the number ACTION: Notice of proposed rulemaking Directorate Identifier 2005–NM–084– of landings has been determined, and the (NPRM). AD’’ at the beginning of your comments. number of landings does not exceed the We specifically invite comments on the limits specified in this AD, as applicable.) Do SUMMARY: The FAA proposes to adopt a overall regulatory, economic, the actions specified in this paragraph at the new airworthiness directive (AD) for all environmental, and energy aspects of applicable time specified in paragraph (h)(1) BAE Systems (Operations) Limited the proposed AD. We will consider all or (h)(2) of this AD, or within 500 landings Model Avro 146–RJ airplanes. This after the effective date of this AD, whichever comments received by the closing date is later. A review of airplane maintenance proposed AD would require reviewing and may amend the proposed AD in records is acceptable in lieu of this the airplane’s maintenance records to light of those comments. inspection if the total accumulated landings determine if certain tasks of the Bae146/ We will post all comments we on the subassembly (since the subassembly Avro RJ Maintenance Planning receive, without change, to http:// was new or overhauled) can be conclusively Document have been accomplished. dms.dot.gov, including any personal determined from that review. This proposed AD would also require information you provide. We will also (1) If the NLG has not been overhauled doing repetitive detailed inspections of post a report summarizing each previously: Prior to the accumulation of the external fuselage skin adjacent to the substantive verbal contact with FAA 35,000 total landings on the NLG. longeron at rib 0 from frame 29 to frame (2) If the NLG has been overhauled personnel concerning this proposed AD. previously: Within 8,000 landings since the 31 and repairing any damage if Using the search function of that Web most recent overhaul. necessary. This proposed AD results site, anyone can find and read the from issuance of mandatory continuing comments in any of our dockets, Parts Installation airworthiness information by a foreign including the name of the individual (i) After the effective date of this AD, no civil airworthiness authority. We are who sent the comment (or signed the person may install an NLG that is equipped proposing this AD to detect and correct comment on behalf of an association, with a main fitting subassembly having a part cracking of the fuselage skin, which business, labor union, etc.). You may number listed in paragraph 1.A.(2) of the could result in structural failure of the service bulletin, unless all of the applicable review the DOT’s complete Privacy Act actions in paragraphs (g) and (h) of this AD fuselage. Statement in the Federal Register have been done. DATES: We must receive comments on published on April 11, 2000 (65 FR this proposed AD by November 28, 19477–78), or you may visit http:// Alternative Methods of Compliance 2005. dms.dot.gov. (AMOCs) (j)(1) The Manager, International Branch, ADDRESSES: Use one of the following Examining the Docket ANM–116, Transport Airplane Directorate, addresses to submit comments on this You may examine the AD docket on FAA, has the authority to approve AMOCs proposed AD. • the Internet at http://dms.dot.gov, or in for this AD, if requested in accordance with DOT Docket Web site: Go to person at the Docket Management the procedures found in 14 CFR 39.19. http://dms.dot.gov and follow the Facility office between 9 a.m. and 5 (2) Before using any AMOC approved in instructions for sending your comments accordance with 14 CFR 39.19 on any p.m., Monday through Friday, except electronically. Federal holidays. The Docket airplane to which the AMOC applies, notify • Government-wide rulemaking Web Management Facility office (telephone the appropriate principal inspector in the site: Go to http://www.regulations.gov FAA Flight Standards Certificate Holding (800) 647–5227) is located on the plaza and follow the instructions for sending District Office. level of the Nassif Building at the DOT your comments electronically. street address stated in the ADDRESSES Related Information • Mail: Docket Management Facility, section. Comments will be available in (k) British airworthiness directive G–2005– U.S. Department of Transportation, 400 the AD docket shortly after the Docket 0001, dated January 12, 2005, also addresses Seventh Street, SW., Nassif Building, Management System receives them. the subject of this AD. room PL–401, Washington, DC 20590. Issued in Renton, Washington, on October • Fax: (202) 493–2251. Discussion • 18, 2005. Hand Delivery: Room PL–401 on The Civil Aviation Authority (CAA), Kevin M. Mullin, the plaza level of the Nassif Building, which is the airworthiness authority for Acting Manager, Transport Airplane 400 Seventh Street, SW., Washington, the United Kingdom, notified us that an Directorate, Aircraft Certification Service. DC, between 9 a.m. and 5 p.m., Monday unsafe condition may exist on all BAE [FR Doc. 05–21437 Filed 10–26–05; 8:45 am] through Friday, except Federal holidays. Systems (Operations) Limited Model Contact British Aerospace Regional BILLING CODE 4910–13–P Avro 146–RJ airplanes. The CAA Aircraft American Support, 13850 advises that, to ensure continued Mclearen Road, Herndon, Virginia structural integrity of the fuselage skin, DEPARTMENT OF TRANSPORTATION 20171, for service information identified it has reduced the initial threshold for in this proposed AD. inspecting the fuselage skin adjacent to Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: the longeron at rib 0 between frames 29 Todd Thompson, Aerospace Engineer, and 31 for cracking. Cracking of the 14 CFR Part 39 International Branch, ANM–116, FAA, fuselage skin, if not detected and [Docket No. FAA–2005–22792; Directorate Transport Airplane Directorate, 1601 corrected, could result in structural Identifier 2005–NM–084–AD] Lind Avenue, SW., Renton, Washington failure of the fuselage. 98055–4056; telephone (425) 227–1175; RIN 2120–AA64 fax (425) 227–1149. Relevant Service Information Airworthiness Directives; BAE SUPPLEMENTARY INFORMATION: BAE Systems (Operations) Limited has issued Inspection Service Bulletin Systems (Operations) Limited Model Comments Invited Avro 146–RJ Airplanes ISB.53–177, dated June 29, 2004. The We invite you to submit any relevant ISB describes procedures for doing AGENCY: Federal Aviation written data, views, or arguments repetitive detailed inspections of the Administration (FAA), Department of regarding this proposed AD. Include the external fuselage skin adjacent to the Transportation (DOT). docket number ‘‘FAA–2005–22792; longeron at rib 0 from frame 29 to frame
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31; repairing any damage if found; and certificated for operation in the United require repairing those conditions using contacting the manufacturer if damage States under the provisions of section a method that we or the CAA (or its is beyond the repair limits. 21.29 of the Federal Aviation delegated agent) approve. In light of the Accomplishing the actions specified in Regulations (14 CFR 21.29) and the type of repair that would be required to the service information is intended to applicable bilateral airworthiness address the unsafe condition, and adequately address the unsafe agreement. Pursuant to this bilateral consistent with existing bilateral condition. The CAA mandated the airworthiness agreement, the CAA has airworthiness agreements, we have service information and issued British kept the FAA informed of the situation determined that, for this proposed AD, airworthiness directive G–2005–0009, described above. We have examined the a repair we or the CAA approve would dated March 9, 2005, to ensure the CAA’s findings, evaluated all pertinent be acceptable for compliance with this continued airworthiness of these information, and determined that we proposed AD. airplanes in the United Kingdom. need to issue an AD for airplanes of this Clarification of Inspection Terminology The ISB refers to the following service type design that are certificated for information as additional sources of operation in the United States. The ‘‘detailed visual inspection’’ service information: Therefore, we are proposing this AD, specified in British airworthiness • Supplemental Structural Inspection which would require accomplishing the directive G–2005–0009, dated March 9, 53–20–138 of the Maintenance Review actions specified in the service 2005, and BAE Systems (Operations) Board Report, Revision 10, dated May information described previously, Limited Inspection Service Bulletin 2004, for inspecting the external except as discussed under ‘‘Difference ISB.53–177, dated June 29, 2004, is fuselage skin. Between the Proposed AD and Service referred to as a ‘‘detailed inspection’’ in • BAE Systems (Operations) Limited Bulletin.’’ this proposed AD. We have included the Structural Repair Manual (SRM) for definition for a detailed inspection in a Difference Between the Proposed AD repairing certain damage. note in the proposed AD. and Service Bulletin FAA’s Determination and Requirements The service bulletin specifies to Costs of Compliance of the Proposed AD contact the manufacturer for The following table provides the This airplane model is manufactured instructions on how to repair certain estimated costs for U.S. operators to in the United Kingdom and is type conditions, but this proposed AD would comply with this proposed AD.
ESTIMATED COSTS
Number of Average Cost per U.S.-reg- Action Work hours labor rate Parts airplane istered Fleet cost per hour airplanes
Records examination ...... 1 $65 None ...... $65 36 $2,340. Repetitive detailed inspection ...... 4 65 None ...... 260 36 $9,360, per in- spection cycle.
Authority for This Rulemaking implications under Executive Order List of Subjects in 14 CFR Part 39 Title 49 of the United States Code 13132. This proposed AD would not have a substantial direct effect on the Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue safety, Safety. rules on aviation safety. Subtitle I, States, on the relationship between the section 106, describes the authority of national Government and the States, or The Proposed Amendment the FAA Administrator. Subtitle VII, on the distribution of power and Aviation Programs, describes in more responsibilities among the various Accordingly, under the authority detail the scope of the Agency’s levels of government. delegated to me by the Administrator, the FAA proposes to amend 14 CFR part authority. For the reasons discussed above, I 39 as follows: We are issuing this rulemaking under certify that the proposed regulation: the authority described in subtitle VII, 1. Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS part A, subpart III, section 44701, action’’ under Executive Order 12866; ‘‘General requirements.’’ Under that DIRECTIVES section, Congress charges the FAA with 2. Is not a ‘‘significant rule’’ under the 1. The authority citation for part 39 promoting safe flight of civil aircraft in DOT Regulatory Policies and Procedures air commerce by prescribing regulations (44 FR 11034, February 26, 1979); and continues to read as follows: for practices, methods, and procedures 3. Will not have a significant Authority: 49 U.S.C. 106(g), 40113, 44701. the Administrator finds necessary for economic impact, positive or negative, § 39.13 [Amended] safety in air commerce. This regulation on a substantial number of small entities is within the scope of that authority under the criteria of the Regulatory 2. The Federal Aviation because it addresses an unsafe condition Flexibility Act. Administration (FAA) amends § 39.13 that is likely to exist or develop on by adding the following new We prepared a regulatory evaluation products identified in this rulemaking airworthiness directive (AD): action. of the estimated costs to comply with this proposed AD and placed it in the BAE Systems (Operations) Limited Regulatory Findings AD docket. See the ADDRESSES section (Formerly British Aerospace Regional We have determined that this for a location to examine the regulatory Aircraft): Docket No. FAA–2005–22792; proposed AD would not have federalism evaluation. Directorate Identifier 2005–NM–084–AD.
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Comments Due Date lighting at an intensity deemed appropriate. Issued in Renton, Washington, on October (a) The FAA must receive comments on Inspection aids such as mirror, magnifying 18, 2005. this AD action by November 28, 2005. lenses, etc., may be necessary. Surface Kevin M. Mullin, cleaning and elaborate procedures may be Affected ADs Acting Manager, Transport Airplane required.’’ Directorate, Aircraft Certification Service. (b) None. Note 2: BAE Systems (Operations) Limited [FR Doc. 05–21436 Filed 10–26–05; 8:45 am] Applicability Inspection Service Bulletin ISB.53–177, BILLING CODE 4910–13–P (c) This AD applies to all BAE Systems dated June 29, 2004, refers to Supplemental (Operations) Limited Model Avro 146– Structural Inspection 53–20–138 of the RJ70A, 146–RJ85A, and 146–RJ100A Maintenance Review Board Report, Revision DEPARTMENT OF TRANSPORTATION airplanes, certificated in any category. 10, dated May 2004, as an additional source of service information for inspecting the Federal Aviation Administration Unsafe Condition external fuselage skin. The service bulletin (d) This AD results from issuance of also refers to BAE Systems (Operations) 14 CFR Part 39 mandatory continuing airworthiness Limited Structural Repair Manual (SRM) as [Docket No. FAA–2005–22793; Directorate information by a foreign civil airworthiness an additional source of service information Identifier 2005–NM–161–AD] authority. We are issuing this AD to detect for repairing certain damage. and correct cracking of the fuselage skin, RIN 2120–AA64 which could result in structural failure of the (1) For airplanes on which Tasks 532038– fuselage. DVI–10000–1 and –2 of the Bae146/Avro RJ Maintenance Planning Document have not Airworthiness Directives; Bombardier Compliance been accomplished but that have Model CL–600–2B19 (Regional Jet (e) You are responsible for having the accumulated 22,000 total flight cycles or less Series 100 & 440) Airplanes actions required by this AD performed within as of the effective date of this AD: Inspect AGENCY: Federal Aviation the compliance times specified, unless the before accumulating 22,000 total flight cycles actions have already been done. or within 6 months after the effective date of Administration (FAA), Department of Transportation (DOT). Maintenance Records Check this AD, whichever is later. Thereafter repeat the detailed inspection at intervals not to ACTION: Notice of proposed rulemaking (f) Within 30 days after the effective date exceed 12,000 flight cycles. (NPRM). of this AD, review the airplane’s maintenance (2) For airplanes on which Tasks 532038– records to determine if Tasks 532038–DVI– SUMMARY: The FAA proposes to adopt a 10000–1 and –2 of the Bae146/Avro RJ DVI–10000–1 and –2 of the Bae146/Avro RJ Maintenance Planning Document have not new airworthiness directive (AD) for Maintenance Planning Document have been certain Bombardier Model CL–600– accomplished before the effective date of this been accomplished but that have AD. If review of the airplane’s maintenance accumulated more than 22,000 total flight 2B19 (Regional Jet Series 100 & 440) records cannot conclusively determine that cycles as of the effective date of this AD: airplanes. This proposed AD would Tasks 532038–DVI–10000–1 and –2 have Inspect before accumulating 24,000 total require replacing the Gask-O-Seal in the been accomplished, do the detailed flight cycles or within 6 months after the coupling of the refuel/defuel shut-off inspection specified in paragraph (g) of this effective date of this AD, whichever is first. valves. This proposed AD results from AD at the applicable compliance time Thereafter repeat the detailed inspection at a report that Gask-O-Seals that did not specified in paragraph (g)(1) or (g)(2) of this intervals not to exceed 12,000 flight cycles. incorporate an integral restrictor to limit AD. If review of the airplane’s maintenance (3) For airplanes on which Tasks 532038– fuel flow rate and fuel pressure during records can conclusively determine that DVI–10000–1 and –2 of the Bae146/Avro RJ refueling were installed on certain Tasks 532038–DVI–10000–1 and –2 have Maintenance Planning Document have been airplanes. We are proposing this AD to been accomplished, do the detailed accomplished before the effective date of this inspection specified in paragraph (g) of this prevent a buildup of excessive static AD: Inspect within 12,000 flight cycles after charge, which could create an ignition AD at the compliance time specified in the most recent inspection. Thereafter repeat paragraph (g)(3) of this AD. source inside the fuel tank. the detailed inspection at intervals not to Detailed Inspection and Corrective Action exceed 12,000 flight cycles. DATES: We must receive comments on this proposed AD by November 28, (g) At the applicable compliance time No Reporting Requirement specified in paragraph (g)(1), (g)(2), or (g)(3) 2005. (h) Although the service bulletin of this AD, do a detailed inspection of the ADDRESSES: Use one of the following referenced in this AD specifies to submit external fuselage skin adjacent to the addresses to submit comments on this longeron at rib 0 from frame 29 to frame 31, certain information to the manufacturer, this AD does not include that requirement. proposed AD. in accordance with the Accomplishment • DOT Docket Web site: Go to http:// Instructions of BAE Systems (Operations) Alternative Methods of Compliance dms.dot.gov and follow the instructions Limited Inspection Service Bulletin ISB.53– (AMOCs) 177, dated June 29, 2004. If any damage is for sending your comments found during any inspection required by this (i)(1) The Manager, International Branch, electronically. AD, before further flight, repair in accordance ANM–116, Transport Airplane Directorate, • Government-wide rulemaking Web with the service bulletin; except where the FAA, has the authority to approve AMOCs site: Go to http://www.regulations.gov service bulletin specifies to repair with an for this AD, if requested in accordance with and follow the instructions for sending approved BAE Systems repair scheme, before the procedures found in 14 CFR 39.19. your comments electronically. further flight, repair the damage according to (2) Before using any AMOC approved in • Mail: Docket Management Facility, a method approved by either the Manager, accordance with 14 CFR 39.19 on any U.S. Department of Transportation, 400 International Branch, ANM–116, FAA, airplane to which the AMOC applies, notify Seventh Street, SW., Nassif Building, Transport Airplane Directorate; or the Civil the appropriate principal inspector in the room PL–401, Washington, DC 20590. Aviation Authority (or its delegated agent). FAA Flight Standards Certificate Holding • Fax: (202) 493–2251. Note 1: For the purposes of this AD, a District Office. • detailed inspection is: ‘‘An intensive Hand Delivery: Room PL–401 on Related Information examination of a specific item, installation, the plaza level of the Nassif Building, or assembly to detect damage, failure, or (j) British airworthiness directive G–2005– 400 Seventh Street, SW., Washington, irregularity. Available lighting is normally 0009, dated March 9, 2005, also addresses the DC, between 9 a.m. and 5 p.m., Monday supplemented with a direct source of good subject of this AD. through Friday, except Federal holidays.
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Contact Bombardier, Inc., Canadair, business, labor union, etc.). You may Relevant Service Information Aerospace Group, P.O. Box 6087, review the DOT’s complete Privacy Act Bombardier has issued Alert Service Station Centreville, Montreal, Quebec Statement in the Federal Register Bulletin A601R–28–064, dated April 21, H3C 3G9, Canada, for service published on April 11, 2000 (65 FR 2005. The alert service bulletin information identified in this proposed 19477–78), or you may visit http:// describes procedures for replacing the AD. dms.dot.gov. Gask-O-Seal, part number (P/N) 202297, FOR FURTHER INFORMATION CONTACT: Examining the Docket in the coupling of the refuel/defuel Rocco Viselli, Aerospace Engineer, shut-off valves with a new Gask-O-Seal, Airframe and Propulsion Branch, ANE– You may examine the AD docket on P/N 601R62085–1. Accomplishing the 171, FAA, New York Aircraft the Internet at http://dms.dot.gov, or in actions specified in the service Certification Office, 1600 Stewart person at the Docket Management information is intended to adequately Avenue, suite 410, Westbury, New York Facility office between 9 a.m. and 5 address the unsafe condition. TCCA 11590; telephone (516) 228–7331; fax p.m., Monday through Friday, except mandated the service information and (516) 794–5531. Federal holidays. The Docket issued Canadian airworthiness directive SUPPLEMENTARY INFORMATION: Management Facility office (telephone CF–2005–18, dated June 9, 2005, to ensure the continued airworthiness of Comments Invited (800) 647–5227) is located on the plaza these airplanes in Canada. We invite you to submit any relevant level of the Nassif Building at the DOT ADDRESSES written data, views, or arguments street address stated in the FAA’s Determination and Requirements regarding this proposed AD. Send your section. Comments will be available in of the Proposed AD comments to an address listed in the the AD docket shortly after the Docket This airplane model is manufactured ADDRESSES section. Include the docket Management System receives them. in Canada and is type certificated for number ‘‘FAA–2005–22793; Directorate Discussion operation in the United States under the Identifier 2005–NM–161–AD’’ at the provisions of section 21.29 of the beginning of your comments. We Transport Canada Civil Aviation Federal Aviation Regulations (14 CFR specifically invite comments on the (TCCA), which is the airworthiness 21.29) and the applicable bilateral overall regulatory, economic, authority for Canada, notified us that an airworthiness agreement. Pursuant to environmental, and energy aspects of unsafe condition may exist on certain this bilateral airworthiness agreement, the proposed AD. We will consider all Bombardier Model CL–600–2B19 TCCA has kept the FAA informed of the comments received by the closing date (Regional Jet Series 100 & 440) situation described above. We have and may amend the proposed AD in airplanes. TCCA advises that incorrectly examined TCCA’s findings, evaluated light of those comments. identified Gask-O-Seals have been all pertinent information, and We will post all comments we installed on certain production determined that we need to issue an AD receive, without change, to http:// airplanes and have been delivered as for airplanes of this type design that are dms.dot.gov, including any personal part of a modification kit for Bombardier certificated for operation in the United information you provide. We will also Service Bulletin 601R–28–053, dated States. post a report summarizing each July 12, 2004. The incorrectly identified Therefore, we are proposing this AD, substantive verbal contact with FAA which would require accomplishing the Gask-O-Seal did not incorporate an personnel concerning this proposed AD. actions specified in the service integral restrictor to limit fuel flow rate Using the search function of that Web information described previously. site, anyone can find and read the and fuel pressure during refueling. This comments in any of our dockets, condition, if not corrected, could result Costs of Compliance including the name of the individual in a buildup of excessive static charge, The following table provides the who sent the comment (or signed the which could create an ignition source estimated costs for U.S. operators to comment on behalf of an association, inside the fuel tank. comply with this proposed AD.
ESTIMATED COSTS
Number of Average Cost per U.S.-reg- Action Work hours labor rate Parts airplane istered Fleet cost per hour airplanes
Replacement ...... 1 $65 $0 $65 720 $46,800
Authority for This Rulemaking ‘‘General requirements.’’ Under that Regulatory Findings section, Congress charges the FAA with Title 49 of the United States Code promoting safe flight of civil aircraft in We have determined that this specifies the FAA’s authority to issue air commerce by prescribing regulations proposed AD would not have federalism rules on aviation safety. Subtitle I, implications under Executive Order section 106, describes the authority of for practices, methods, and procedures the Administrator finds necessary for 13132. This proposed AD would not the FAA Administrator. Subtitle VII, have a substantial direct effect on the Aviation Programs, describes in more safety in air commerce. This regulation is within the scope of that authority States, on the relationship between the detail the scope of the Agency’s national Government and the States, or authority. because it addresses an unsafe condition that is likely to exist or develop on on the distribution of power and We are issuing this rulemaking under products identified in this rulemaking responsibilities among the various the authority described in subtitle VII, levels of government. part A, subpart III, section 44701, action.
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For the reasons discussed above, I prevent a buildup of excessive static charge, SUMMARY: The FAA proposes to adopt a certify that the proposed regulation: which could create an ignition source inside new airworthiness directive (AD) for all 1. Is not a ‘‘significant regulatory the fuel tank. Airbus Model A318–100 and A319–100 action’’ under Executive Order 12866; Compliance series airplanes; Model A320–111 2. Is not a ‘‘significant rule’’ under the (e) You are responsible for having the airplanes; and Model A320–200, A321– DOT Regulatory Policies and Procedures actions required by this AD performed within 100, and A321–200 series airplanes. (44 FR 11034, February 26, 1979); and the compliance times specified, unless the This proposed AD would require 3. Will not have a significant actions have already been done. repetitive detailed inspections of the economic impact, positive or negative, Replacement trimmable horizontal stabilizer actuator on a substantial number of small entities (THSA) attachments for proper under the criteria of the Regulatory (f) Within 550 flight hours after the clearances, and any crack, damage, or effective date of this AD, replace the Gask- Flexibility Act. O-Seal in the coupling of the refuel/defuel metallic particles; related corrective We prepared a regulatory evaluation shut-off valves by doing all the actions actions if necessary; and a report of the of the estimated costs to comply with specified in the Accomplishment inspection results to the manufacturer. this proposed AD and placed it in the Instructions of Bombardier Alert Service This proposed AD results from a report AD docket. See the ADDRESSES section Bulletin A601R–28–064, dated April 21, that during lab testing to verify the for a location to examine the regulatory 2005. performance of the THSA’s secondary evaluation. Parts Installation load path with a simulated failure of the THSA’s primary load path, the List of Subjects in 14 CFR Part 39 (g) As of the effective date of this AD, no person may install a Gask-O-Seal, part secondary load path’s nut did not jam Air transportation, Aircraft, Aviation number 202297, on any airplane. (as it was supposed to do.) We are safety, Safety. proposing this AD to ensure the Alternative Methods of Compliance The Proposed Amendment integrity of the THSA’s primary load (AMOCs) path, which if failed, could result in Accordingly, under the authority (h)(1) The Manager, New York Aircraft latent (undetected) loading and eventual delegated to me by the Administrator, Certification Office, FAA, has the authority to failure of the THSA’s secondary load the FAA proposes to amend 14 CFR part approve AMOCs for this AD, if requested in path and consequent uncontrolled 39 as follows: accordance with the procedures found in 14 CFR 39.19. movement of the horizontal stabilizer and loss of control of the airplane. PART 39—AIRWORTHINESS (2) Before using any AMOC approved in DIRECTIVES accordance with 14 CFR 39.19 on any DATES: We must receive comments on airplane to which the AMOC applies, notify this proposed AD by November 28, 1. The authority citation for part 39 the appropriate principal inspector in the 2005. continues to read as follows: FAA Flight Standards Certificate Holding District Office. ADDRESSES: Use one of the following Authority: 49 U.S.C. 106(g), 40113, 44701. Related Information addresses to submit comments on this § 39.13 [Amended] (i) Canadian airworthiness directive CF– proposed AD. 2. The Federal Aviation 2005–18, dated June 9, 2005, also addresses • DOT Docket Web site: Go to Administration (FAA) amends § 39.13 the subject of this AD. http://dms.dot.gov and follow the by adding the following new Issued in Renton, Washington, on October instructions for sending your comments airworthiness directive (AD): 18, 2005. electronically. Bombardier, Inc. (Formerly Canadair): Kevin M. Mullin, • Government-wide rulemaking Web Docket No. FAA–2005–22793; Acting Manager, Transport Airplane site: Go to http://www.regulations.gov Directorate Identifier 2005–NM–161–AD. Directorate, Aircraft Certification Service. and follow the instructions for sending Comments Due Date [FR Doc. 05–21435 Filed 10–26–05; 8:45 am] your comments electronically. • (a) The FAA must receive comments on BILLING CODE 4910–13–P Mail: Docket Management Facility, this AD action by November 28, 2005. U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Affected ADs DEPARTMENT OF TRANSPORTATION room PL–401, Washington, DC 20590. (b) None. • Federal Aviation Administration Fax: (202) 493–2251. Applicability • Hand Delivery: Room PL–401 on (c) This AD applies to Bombardier Model 14 CFR Part 39 the plaza level of the Nassif Building, CL–600–2B19 (Regional Jet Series 100 & 440) 400 Seventh Street SW., Washington, airplanes, certificated in any category, as [Docket No. FAA–2005–22794; Directorate DC, between 9 a.m. and 5 p.m., Monday Identifier 2005–NM–097–AD] specified in paragraphs (c)(1) and (c)(2) of through Friday, except Federal holidays. this AD. RIN 2120–AA64 (1) Airplanes having serial numbers 7003 Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, through 7067 inclusive and 7069 through Airworthiness Directives; Airbus Model for service information identified in this 7939 inclusive on which Bombardier Service A318–100 and A319–100 Series Bulletin 601R–28–053, dated July 12, 2004, proposed AD. has been accomplished. Airplanes; Model A320–111 Airplanes; (2) Airplanes having serial numbers 7940 and Model A320–200, A321–100, and FOR FURTHER INFORMATION CONTACT: Tim through 7988 inclusive. A321–200 Series Airplanes Dulin, Aerospace Engineer, International Branch, ANM–116, FAA, Unsafe Condition AGENCY: Federal Aviation Transport Airplane Directorate, 1601 (d) This AD results from a report that Gask- Administration (FAA), Department of Lind Avenue, SW., Renton, Washington O-Seals that did not incorporate an integral Transportation (DOT). 98055–4056; telephone (425) 227–2141; restrictor to limit fuel flow rate and fuel ACTION: Notice of proposed rulemaking fax (425) 227–1149. pressure during refueling were installed on (NPRM). certain airplanes. We are issuing this AD to SUPPLEMENTARY INFORMATION:
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Comments Invited load path) had failed and would need Therefore, we are proposing this AD, We invite you to submit any relevant repair. Without the jamming of the which would require accomplishing the written data, views, or arguments secondary load path’s nut, there would actions specified in the service regarding this proposed AD. Include the be no indications of failure of the THSA information described previously, docket number ‘‘FAA–2005–22794; primary load path, and it is possible that except as discussed under ‘‘Differences the airplane would continue to be Directorate Identifier 2005–NM–097– Between the Proposed AD and the unknowingly operated with a failed AD’’ at the beginning of your comments. Service Bulletin.’’ component and continuous loading of We specifically invite comments on the the secondary load path. The secondary Differences Between the Proposed AD overall regulatory, economic, load path is not designed to tolerate and the Service Bulletin environmental, and energy aspects of continued loading during multiple The service bulletin specifies that you the proposed AD. We will consider all flights. In the event of a secondary load may contact the manufacturer for comments received by the closing date path failure in addition to a primary instructions if any metallic particles are and may amend the proposed AD in load path failure, the flightcrew would found, but this proposed AD would light of those comments. not be able to control the position of the require you to repair the THSA using a We will post all comments we THSA. This condition, if not corrected, method that we or the DGAC (or its receive, without change, to http:// could result in uncontrolled movement delegated agent) approve. In light of the dms.dot.gov, including any personal of the horizontal stabilizer and type of repair that would be required to information you provide. We will also consequent loss of control of the address the unsafe condition, and post a report summarizing each airplane. consistent with existing bilateral substantive verbal contact with FAA airworthiness agreements, we have Relevant Service Information personnel concerning this proposed AD. determined that, for this proposed AD, Using the search function of that Web Airbus has issued Service Bulletin a repair we or the DGAC approve would site, anyone can find and read the A320–27–1164, Revision 02, dated be acceptable for compliance with this comments in any of our dockets, March 30, 2005. The service bulletin proposed AD. including the name of the individual describes procedures for repetitive The service bulletin refers only to a who sent the comment (or signed the detailed inspections of the THSA ‘‘check’’ and a ‘‘visual inspection’’ for comment on behalf of an association, attachments for proper clearances, and inspections of the THSA attachments for business, labor union, etc.). You may for any crack, damage, or metallic proper clearances; and for any crack, review the DOT’s complete Privacy Act particles; related corrective actions if damage, or metal particles. We have Statement in the Federal Register necessary; and a report of the inspection determined that the procedures for both published on April 11, 2000 (65 FR results to the manufacturer. The actions in the service bulletin should be 19477–78), or you may visit http:// detailed inspections involve doing a described as ‘‘detailed inspections.’’ dms.dot.gov. check for the clearances between the Note 1 has been included in this Examining the Docket secondary nut trunnions and junction proposed AD to define this type of plates at the lower THSA attachment; inspection. You may examine the AD docket on and doing a visual inspection of the the Internet at http://dms.dot.gov, or in upper THSA attachment structure/area Interim Action person at the Docket Management for any crack, damage, or metallic This is considered to be interim Facility office between 9 a.m. and 5 particles. The corrective actions involve action. The inspection reports that are p.m., Monday through Friday, except replacing the THSA if any clearance is required by this AD will enable the Federal holidays. The Docket not correct, or if any crack or damage is manufacturer to obtain better insight Management Facility office (telephone found; and contacting the manufacturer into the nature, cause, and extent of the (800) 647–5227) is located on the plaza for further instructions if any metallic problem, and eventually to develop level of the Nassif Building at the DOT particles are found. The DGAC final action to address the unsafe street address stated in the ADDRESSES mandated the service information and condition. Once final action has been section. Comments will be available in issued French airworthiness directive identified, the FAA may consider the AD docket shortly after the Docket F–2005–051, dated March 30, 2005, to further rulemaking. Management System receives them. ensure the continued airworthiness of Costs of Compliance Discussion these airplanes in France. This proposed AD would affect about FAA’s Determination and Requirements The Direction Ge´ne´rale de l’Aviation 700 airplanes of U.S. registry. The of the Proposed AD Civile (DGAC), which is the proposed actions would take about 1 airworthiness authority for France, These airplane models are work hour per airplane, at an average notified us that an unsafe condition may manufactured in France and are type labor rate of $65 per work hour. Based exist on all Airbus Model A318–100, certificated for operation in the United on these figures, the estimated cost of A319–100, A320, and A321 series States under the provisions of section the proposed AD for U.S. operators is airplanes. The DGAC advises that, 21.29 of the Federal Aviation $45,500, or $65 per airplane, per during lab testing to verify the Regulations (14 CFR 21.29) and the inspection cycle. performance of the secondary load path applicable bilateral airworthiness of the trimmable horizontal stabilizer agreement. Pursuant to this bilateral Authority for This Rulemaking actuator (THSA) with a simulated loss airworthiness agreement, the DGAC has Title 49 of the United States Code of the THSA’s primary load path, the kept the FAA informed of the situation specifies the FAA’s authority to issue secondary load path’s nut did not jam described above. We have examined the rules on aviation safety. Subtitle I, the THSA (as it was supposed to do). DGAC’s findings, evaluated all pertinent Section 106, describes the authority of The THSA was designed to jam in the information, and determined that we the FAA Administrator. Subtitle VII, event of a primary load path failure, to need to issue an AD for airplanes of this Aviation Programs, describes in more indicate to the flightcrew that a type design that are certificated for detail the scope of the Agency’s component of the THSA (the primary operation in the United States. authority.
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We are issuing this rulemaking under Comments Due Date Inspection Reports the authority described in Subtitle VII, (a) The FAA must receive comments on (h) Submit a report of the findings (both Part A, Subpart III, Section 44701, this AD action by November 28, 2005. positive and negative) of the inspection ‘‘General requirements.’’ Under that required by paragraph (f) of this AD to Affected ADs section, Congress charges the FAA with Airbus, 1 Rond Point Maurice Bellonte, promoting safe flight of civil aircraft in (b) None. 31707 Blagnac Cedex, France, at the applicable time specified in paragraph (h)(1) air commerce by prescribing regulations Applicability for practices, methods, and procedures or (h)(2) of this AD. The report must include (c) This AD applies to all Airbus Model the inspection results, a description of any the Administrator finds necessary for A318–111 and –112 airplanes, Model A319– discrepancies found, the airplane serial safety in air commerce. This regulation 111, –112, –113, –114, –115, –131, –132, and number, and the number of landings and is within the scope of that authority –133 airplanes, Model A320–111 airplanes, flight hours on the airplane. Under the because it addresses an unsafe condition Model A320–211, –212, –214, –231, –232, provisions of the Paperwork Reduction Act of that is likely to exist or develop on and –233 airplanes, Model A321–111, –112, 1980 (44 U.S.C. 3501 et seq.), the Office of products identified in this rulemaking and –131 airplanes, and Model A321–211 Management and Budget (OMB) has action. and –231 airplanes, certificated in any approved the information collection category. requirements contained in this AD and has Regulatory Findings assigned OMB Control Number 2120–0056. Unsafe Condition We have determined that this (1) If the inspection was done after the (d) This AD results from a report that effective date of this AD: Submit the report proposed AD would not have federalism during lab testing to verify the performance implications under Executive Order within 30 days after the inspection. of the trimmable horizontal stabilizer (2) If any inspection was accomplished 13132. This proposed AD would not actuator’s (THSA’s) secondary load path with prior to the effective date of this AD: Submit have a substantial direct effect on the a simulated failure of the THSA’s primary the report within 30 days after the effective States, on the relationship between the load path, the secondary load path’s nut did date of this AD. national Government and the States, or not jam (as it was supposed to do.) We are on the distribution of power and issuing this AD to ensure the integrity of the Alternative Methods of Compliance (AMOCs) responsibilities among the various THSA’s primary load path, which if failed, levels of government. could result in latent (undetected) loading (i)(1) The Manager, International Branch, For the reasons discussed above, I and eventual failure of the THSA’s secondary ANM–116, Transport Airplane Directorate, certify that the proposed regulation: load path and consequent uncontrolled FAA, has the authority to approve AMOCs 1. Is not a ‘‘significant regulatory movement of the horizontal stabilizer and for this AD, if requested in accordance with loss of control of the airplane. the procedures found in 14 CFR 39.19. action’’ under Executive Order 12866; (2) Before using any AMOC approved in 2. Is not a ‘‘significant rule’’ under the Compliance accordance with § 39.19 on any airplane to DOT Regulatory Policies and Procedures (e) You are responsible for having the which the AMOC applies, notify the (44 FR 11034, February 26, 1979); and actions required by this AD performed within appropriate principal inspector in the FAA 3. Will not have a significant the compliance times specified, unless the Flight Standards Certificate Holding District economic impact, positive or negative, actions have already been done. Office. on a substantial number of small entities Repetitive Inspections and Corrective Action Related Information under the criteria of the Regulatory Flexibility Act. (f) Within 20 months since first flight, or (j) French airworthiness directive F–2005– We prepared a regulatory evaluation within 600 flight hours after the effective 051, dated March 30, 2005, also addresses the of the estimated costs to comply with date of this AD, whichever occurs later, do subject of this AD. this proposed AD and placed it in the detailed inspections of the THSA Issued in Renton, Washington, on October attachments for proper clearances and any 18, 2005. AD docket. See the ADDRESSES section crack, damage, or metallic particles, and do Kevin M. Mullin, for a location to examine the regulatory related corrective actions as applicable, in evaluation. accordance with the Accomplishment Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. List of Subjects in 14 CFR Part 39 Instructions of Airbus Service Bulletin A320– 27–1164, Revision 02, dated March 30, 2005, [FR Doc. 05–21434 Filed 10–26–05; 8:45 am] Air transportation, Aircraft, Aviation except as described in paragraph (g) of this BILLING CODE 4910–13–P safety, Safety. AD. Do corrective actions before further flight. Thereafter, repeat the inspections at The Proposed Amendment intervals not to exceed 20 months. DEPARTMENT OF TRANSPORTATION Accordingly, under the authority Note 1: For the purposes of this AD, a delegated to me by the Administrator, detailed inspection is: ‘‘An intensive Federal Aviation Administration the FAA proposes to amend 14 CFR part examination of a specific item, installation, 39 as follows: or assembly to detect damage, failure, or 14 CFR Part 39 irregularity. Available lighting is normally PART 39—AIRWORTHINESS supplemented with a direct source of good [Docket No. FAA–2005–22810; Directorate DIRECTIVES lighting at an intensity deemed appropriate. Identifier 2005–NM–143–AD] Inspection aids such as mirror, magnifying 1. The authority citation for part 39 lenses, etc., may be necessary. Surface RIN 2120–AA64 continues to read as follows: cleaning and elaborate procedures may be required.’’ Airworthiness Directives; Airbus Model Authority: 49 U.S.C. 106(g), 40113, 44701. (g) If any metallic particles are detected A310–203, –204, and –222 Airplanes, § 39.13 [Amended] during the inspection required by paragraph and Model A310–300 Series Airplanes 2. The Federal Aviation (f) of this AD: Before further flight, repair the damage according to a method approved by AGENCY: Federal Aviation Administration (FAA) amends § 39.13 Administration (FAA), Department of by adding the following new either the Manager, International Branch, ANM–116, FAA, Transport Airplane Transportation (DOT). airworthiness directive (AD): Directorate; or the Direction Ge´ne´rale de ACTION: Notice of proposed rulemaking Airbus: Docket No. FAA–2005–22794; l’Aviation Civile (DGAC) (or its delegated (NPRM). Directorate Identifier 2005–NM–097–AD. agent).
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SUMMARY: The FAA proposes to adopt a regarding this proposed AD. Send your structure. These conditions, if not new airworthiness directive (AD) for comments to an address listed in the corrected, could result in reduced certain Airbus Model A310–203, –204, ADDRESSES section. Include the docket structural integrity of the fuselage. and –222 airplanes, and Model A310– number ‘‘FAA–2005–22810; Directorate Relevant Service Information 300 series airplanes. This proposed AD Identifier 2005–NM–143–AD’’ at the would require a one-time rototest beginning of your comments. We Airbus has issued Service Bulletin inspection for cracking of the frame foot specifically invite comments on the A310–53–2124, dated April 4, 2005. The and adjacent frames and skin in the area overall regulatory, economic, service bulletin describes procedures for surrounding the frame foot run-outs environmental, and energy aspects of performing a one-time rototest from fuselage frames (FR) 43 through FR the proposed AD. We will consider all inspection to find cracking of the frame 46, and repair if necessary. The comments received by the closing date foot and adjacent frames and skin in the proposed AD also requires modification and may amend the proposed AD in area surrounding the frame foot run-outs of certain fastener holes. This proposed light of those comments. from FR 43 through FR 46, and repair AD results from a structural evaluation We will post all comments we of cracking within certain limits. If the of Model A310 airplanes for widespread receive, without change, to http:// cracking is outside the limits specified fatigue damage of the frame foot run- dms.dot.gov, including any personal in the service bulletin, the service outs from FR 43 through FR 46. The information you provide. We will also bulletin procedures recommend evaluation revealed that, on in-service post a report summarizing each contacting the manufacturer for repair airplanes, undetected cracking in this substantive verbal contact with FAA instructions. The service bulletin also area can lead to the rupture of the frame personnel concerning this proposed AD. describes procedures for modification of foot and subsequent cracking of the Using the search function of that Web certain fastener holes. The modification adjacent frames and fuselage skin. We site, anyone can find and read the includes cold expanding the fastener are proposing this AD to prevent fatigue comments in any of our dockets, holes most susceptible to fatigue, which cracking of the frame foot run-outs, including the name of the individual are located between FR 43 and FR 46 on which could lead to rupture of the frame who sent the comment (or signed the the center box and on the upper fuselage foot and cracking in adjacent frames and comment on behalf of an association, bent sections, and installing new skin, and result in reduced structural business, labor union, etc.). You may fasteners. Accomplishing the actions integrity of the fuselage. review the DOT’s complete Privacy Act specified in the service information is Statement in the Federal Register DATES: We must receive comments on intended to adequately address the published on April 11, 2000 (65 FR this proposed AD by November 28, unsafe condition. The DGAC mandated 19477–78), or you may visit http:// 2005. the service information and issued dms.dot.gov. French airworthiness directive F–2005– ADDRESSES: Use one of the following addresses to submit comments on this Examining the Docket 078, dated May 11, 2005, to ensure the proposed AD. You may examine the AD docket on continued airworthiness of these • DOT Docket Web site: Go to the Internet at http://dms.dot.gov, or in airplanes in France. http://dms.dot.gov and follow the person at the Docket Management Section 1.E., Compliance, of the instructions for sending your comments Facility office between 9 a.m. and 5 service bulletin specifies compliance electronically. p.m., Monday through Friday, except times for the actions in the service • Government-wide rulemaking Web Federal holidays. The Docket bulletin. The thresholds for the one-time site: Go to http://www.regulations.gov Management Facility office (telephone inspection and modification range from and follow the instructions for sending (800) 647–5227) is located on the plaza between 22,200 flight cycles or 51,700 your comments electronically. level of the Nassif Building at the DOT flight hours, whichever is first, to 26,800 • Mail: Docket Management Facility, street address stated in the ADDRESSES flight cycles or 77,700 flight hours, U.S. Department of Transportation, 400 section. Comments will be available in whichever is first, depending on the Seventh Street SW., Nassif Building, the AD docket shortly after the Docket configuration of the airplane. The room PL–401, Washington, DC 20590. Management System receives them. service bulletin also includes a grace • Fax: (202) 493–2251. period of 3,000 flight cycles for • Hand Delivery: Room PL–401 on Discussion airplanes that have exceeded certain the plaza level of the Nassif Building, The Direction Ge´ne´rale de l’Aviation flight-hour or flight-cycle thresholds, 400 Seventh Street SW., Washington, Civile (DGAC), which is the depending on the configuration of the DC, between 9 a.m. and 5 p.m., Monday airworthiness authority for France, airplane. through Friday, except Federal holidays. notified us that an unsafe condition may FAA’s Determination and Requirements Contact Airbus, 1 Rond Point Maurice exist on certain Airbus Model A310– of the Proposed AD Bellonte, 31707 Blagnac Cedex, France, 203, –204, and –222 airplanes, and for service information identified in this Model A310–300 series airplanes. The These airplane models are proposed AD. DGAC advises that a structural manufactured in France and are type FOR FURTHER INFORMATION CONTACT: Dan evaluation for widespread fatigue certificated for operation in the United Rodina, Aerospace Engineer, damage of the frame foot run-outs from States under the provisions of section International Branch, ANM–116, fuselage frame (FR) 43 through FR 46 21.29 of the Federal Aviation Transport Airplane Directorate, FAA, was done on the subject airplanes. The Regulations (14 CFR 21.29) and the 1601 Lind Avenue, SW., Renton, evaluation revealed that, on in-service applicable bilateral airworthiness Washington 98055–4056; telephone airplanes, undetected cracking in this agreement. Pursuant to this bilateral (425) 227–2125; fax (425) 227–1149. area can lead to the rupture of the frame airworthiness agreement, the DGAC has SUPPLEMENTARY INFORMATION: foot and subsequent cracking of the kept the FAA informed of the situation adjacent frames and fuselage skin. Such described above. We have examined the Comments Invited cracking would require an extensive DGAC’s findings, evaluated all pertinent We invite you to submit any relevant repair and could have an impact on information, and determined that we written data, views, or arguments pressure loading strength capacity of the need to issue an AD for airplanes of this
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type design that are certificated for detail the scope of the Agency’s Airbus: Docket No. FAA–2005–22810; operation in the United States. authority. Directorate Identifier 2005–NM–143–AD. Therefore, we are proposing this AD, We are issuing this rulemaking under Comments Due Date the authority described in Subtitle VII, which would require accomplishing the (a) The FAA must receive comments on actions specified in the service Part A, Subpart III, Section 44701, this AD action by November 28, 2005. information described previously, ‘‘General requirements.’’ Under that except as discussed under ‘‘Differences section, Congress charges the FAA with Affected ADs Among Proposed AD, French promoting safe flight of civil aircraft in (b) None. Airworthiness Directive, and Service air commerce by prescribing regulations Applicability for practices, methods, and procedures Bulletin.’’ (c) This AD applies to Airbus Model A310– the Administrator finds necessary for 203, –204, and –222 airplanes, and Model Differences Among Proposed AD, safety in air commerce. This regulation French Airworthiness Directive, and A310–304, –322, –324, and –325 airplanes; is within the scope of that authority certificated in any category; except those Service Bulletin because it addresses an unsafe condition airplanes on which Airbus Modification The applicability of the French that is likely to exist or develop on 13023 has been accomplished in production. Airworthiness Directive excludes products identified in this rulemaking Unsafe Condition action. airplanes on which Airbus Service (d) This AD results from a structural Bulletin A310–53–2124 has been Regulatory Findings evaluation of Model A310 airplanes for accomplished in service. However, we widespread fatigue damage of the frame foot have not excluded those airplanes in the We have determined that this run-outs from frame (FR) 43 through FR 46. applicability of this proposed AD; proposed AD would not have federalism We are issuing this AD to prevent fatigue rather, this proposed AD would include implications under Executive Order cracking of the frame foot run-outs, which a requirement to accomplish the actions 13132. This proposed AD would not could lead to rupture of the frame foot and specified in that service bulletin. This have a substantial direct effect on the cracking in adjacent frames and skin, and States, on the relationship between the result in reduced structural integrity of the proposed AD would ensure that the fuselage. actions specified in the service bulletin national Government and the States, or and required by this proposed AD are on the distribution of power and Compliance accomplished on all affected airplanes. responsibilities among the various (e) You are responsible for having the Operators must continue to operate the levels of government. actions required by this AD performed within For the reasons discussed above, I airplane in the configuration required the compliance times specified, unless the certify that the proposed regulation: by this proposed AD unless an actions have already been done. 1. Is not a ‘‘significant regulatory alternative method of compliance is Inspection/Repair/Modification action’’ under Executive Order 12866; approved. 2. Is not a ‘‘significant rule’’ under the (f) At the later of the times specified in The service bulletin specifies to DOT Regulatory Policies and Procedures paragraphs (f)(1) and (f)(2) of this AD, contact the manufacturer for (44 FR 11034, February 26, 1979); and perform a one-time rototest inspection for instructions on how to repair certain 3. Will not have a significant cracking of the frame foot and adjacent frames and skin in the area surrounding the conditions, but this proposed AD would economic impact, positive or negative, require repairing those conditions using frame foot run-outs from fuselage frame FR on a substantial number of small entities 43 through FR46 by doing all the applicable a method that we or the DGAC (or its under the criteria of the Regulatory actions specified in the Accomplishment delegated agent) approve. In light of the Flexibility Act. Instructions of the service bulletin. Except as type of repair that would be required to We prepared a regulatory evaluation required by paragraph (g) of this AD, repair address the unsafe condition, and of the estimated costs to comply with any cracking before further flight in consistent with existing bilateral this proposed AD and placed it in the accordance with the Accomplishment airworthiness agreements, we have AD docket. See the ADDRESSES section Instructions of the service bulletin. Before determined that, for this proposed AD, for a location to examine the regulatory further flight after performing the inspection, a repair we or the DGAC approve would modify the fastener holes located between FR evaluation. 43 and FR 46 on the center box and on the be acceptable for compliance with this List of Subjects in 14 CFR Part 39 upper fuselage bent sections in accordance proposed AD. with the Accomplishment Instructions of the Air transportation, Aircraft, Aviation Costs of Compliance service bulletin. safety, Safety. (1) Before the accumulation of the total This proposed AD would affect about The Proposed Amendment flight-cycle or flight-hour threshold, 59 airplanes of U.S. registry. The whichever is first, specified in the proposed actions would take about 31 Accordingly, under the authority Accomplishment Timescale table in work hours per airplane, at an average delegated to me by the Administrator, paragraph 1.E.(2), ‘‘Compliance’’ of the labor rate of $65 per work hour. the FAA proposes to amend 14 CFR part service bulletin. 39 as follows: (2) At the earlier of the times specified in Required parts would cost about $1,730 paragraphs (f)(2)(i) and (f)(2)(ii) of this AD. per kit (two kits per airplane). Based on PART 39—AIRWORTHINESS (i) Before the accumulation of the total these figures, the estimated cost of the DIRECTIVES flight-cycle or flight-hour threshold, proposed AD for U.S. operators is whichever is first, specified in Notes 01, 02, $323,025, or $5,475 per airplane. 1. The authority citation for part 39 and 03 in paragraph 1.E.(2), ‘‘Compliance’’ of continues to read as follows: the service bulletin, after the effective date of Authority for This Rulemaking this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code (ii) Within 3,000 flight cycles after the specifies the FAA’s authority to issue § 39.13 [Amended] effective date of this AD. rules on aviation safety. Subtitle I, 2. The Federal Aviation Repair Per FAA or Direction Ge´ne´rale de Section 106, describes the authority of Administration (FAA) amends § 39.13 l’Aviation Civile (DGAC) the FAA Administrator. Subtitle VII, by adding the following new (g) For any cracking found during any Aviation Programs, describes in more airworthiness directive (AD): inspection required by this AD for which the
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service bulletin specifies to contact the of support rib 6 on both wings. We are including the name of the individual manufacturer for an appropriate repair: proposing this AD to prevent cracking who sent the comment (or signed the Before further flight, repair in accordance in the aft web of support rib 6, which comment on behalf of an association, with a method approved by the Manager, business, labor union, etc.). You may International Branch, ANM–116, Transport could result in overloading of adjacent Airplane Directorate, FAA; or the DGAC (or ribs and the surrounding wing structure review DOT’s complete Privacy Act its delegated agent). and consequent reduced structural Statement in the Federal Register integrity of the wing. published on April 11, 2000 (65 FR Alternative Methods of Compliance 19477–78), or you may visit http:// (AMOCs) DATES: We must receive comments on this proposed AD by November 28, dms.dot.gov. (h)(1) The Manager, International Branch, ANM–116, has the authority to approve 2005. Examining the Docket AMOCs for this AD, if requested in ADDRESSES: Use one of the following You may examine the AD docket on accordance with the procedures found in 14 addresses to submit comments on this the Internet at http://dms.dot.gov, or in CFR 39.19. proposed AD. person at the Docket Management (2) Before using any AMOC approved in • DOT Docket Web site: Go to Facility office between 9 a.m. and 5 accordance with 14 CFR 39.19 on any http://dms.dot.gov and follow the airplane to which the AMOC applies, notify p.m., Monday through Friday, except the appropriate principal inspector in the instructions for sending your comments Federal holidays. The Docket FAA Flight Standards Certificate Holding electronically. Management Facility office (telephone • District Office. Government-wide rulemaking Web (800) 647–5227) is located on the plaza site: Go to http://www.regulations.gov Related Information level of the Nassif Building at the DOT and follow the instructions for sending street address stated in the ADDRESSES (i) French airworthiness directive F–2005– your comments electronically. section. Comments will be available in 078, dated May 11, 2005, also addresses the • Mail: Docket Management Facility, subject of this AD. the AD docket shortly after the Docket U.S. Department of Transportation, 400 Management System receives them. Issued in Renton, Washington, on October Seventh Street SW., Nassif Building, 20, 2005. Room PL–401, Washington, DC 20590. Discussion • Kalene C. Yanamura, Fax: (202) 493–2251. The Direction Ge´ne´rale de l’Aviation • Hand Delivery: Room PL–401 on Acting Manager, Transport Airplane Civile (DGAC), which is the Directorate, Aircraft Certification Service. the plaza level of the Nassif Building, airworthiness authority for France, 400 Seventh Street SW., Washington, [FR Doc. 05–21428 Filed 10–26–05; 8:45 am] notified us that an unsafe condition may DC, between 9 a.m. and 5 p.m., Monday BILLING CODE 4910–13–P exist on certain Airbus Model A330– through Friday, except Federal holidays. 200, A330–300, A340–200, and A340– Contact Airbus, 1 Rond Point Maurice 300 series airplanes. The DGAC advises DEPARTMENT OF TRANSPORTATION Bellonte, 31707 Blagnac Cedex, France, that a report was received indicating for the service information identified in significant cracking in the aft web of Federal Aviation Administration this proposed AD. support rib 6 on the left and right wings FOR FURTHER INFORMATION CONTACT: Tim on a Model A330 series airplane. When 14 CFR Part 39 Backman, Aerospace Engineer, the cracking was found, during an 8C- International Branch, ANM–116, FAA, [Docket No. FAA–2005–22812; Directorate check, the airplane had accumulated Identifier 2005–NM–134–AD] Transport Airplane Directorate, 1601 10,441 total flight cycles and 40,153 Lind Avenue, SW., Renton, Washington total flight hours. The cracking was RIN 2120–AA64 98055–4056; telephone (425) 227–2797; located in the lower part of the rib 6 aft fax (425) 227–1149. hole between bottom skin stringers 18 Airworthiness Directives; Airbus Model SUPPLEMENTARY INFORMATION: and 20. The cracking extended from the A330–200, A330–300, A340–200, and fuel pipe fastener holes to the lower A340–300 Series Airplanes Comments Invited edge of the rib 6 hole and into the refuel AGENCY: Federal Aviation We invite you to submit any relevant pipe hole where the cracking had gone Administration (FAA), Department of written data, views, or arguments through the full thickness of the rib. Transportation (DOT). regarding this proposed AD. Include the Subsequent inspections on several ACTION: Notice of proposed rulemaking docket number ‘‘FAA–2005–22812; Model A330 and A340 series airplanes (NPRM). Directorate Identifier 2005–NM–134– revealed similar cracking in the same AD’’ at the beginning of your comments. area. These conditions, if not corrected, SUMMARY: The FAA proposes to adopt a We specifically invite comments on the could result in overloading of adjacent new airworthiness directive (AD) for overall regulatory, economic, ribs and the surrounding wing structure certain Airbus Model A330–200, A330– environmental, and energy aspects of and consequent reduced structural 300, A340–200, and A340–300 series the proposed AD. We will consider all integrity of the wing. airplanes. This proposed AD would comments received by the closing date require repetitive detailed inspections and may amend the proposed AD in Relevant Service Information for cracking in the aft web of support rib light of those comments. Airbus has issued Service Bulletins 6 between certain bottom skin stringers We will post all comments we A330–57–3085 (for Model A330 series on both wings; high frequency eddy receive, without change, to http:// airplanes) and A340–57–4093 (for current inspections for cracking of the dms.dot.gov, including any personal Model A340 series airplanes), both attachment holes of the fuel pipes, and information you provide. We will also Revision 01, both dated March 25, 2005. repair if necessary. This proposed AD post a report summarizing each The service bulletins describe would also provide for an optional substantive verbal contact with FAA procedures for detailed inspections for modification, which would extend a personnel concerning this proposed AD. cracking in the aft web of support rib 6 certain inspection threshold. This Using the search function of that Web between bottom skin stringers 18 and 20 proposed AD results from a report of site, anyone can find and read the on both wings, and high frequency eddy significant cracking found in the aft web comments in any of our dockets, current (HFEC) inspections for cracking
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of the attachment holes of the fuel pipe Therefore, we are proposing this AD, specified in the French airworthiness (including a rototest inspection of the which would require accomplishing the directives. attachment holes of the fuel pipe actions specified in the service Interim Action mounting). The service bulletins also information described previously, recommend contacting the manufacturer except as discussed under Differences We consider this proposed AD for repair instructions if any cracking is Among the Proposed AD, Service interim action. The manufacturer is found, and reporting inspection Information, and French Airworthiness currently developing a modification that information to the manufacturer. If no Directives. will address the unsafe condition cracking is found, the service bulletins identified in this proposed AD. Once Differences Among the Proposed AD, this modification is developed, specify accomplishing the optional Service Information, and French approved, and available, we may modification specified in Service Airworthiness Directives Bulletin A330–57–3087 or A340–57– consider additional rulemaking. Service Bulletins A330–57–3085 and 4095, as applicable. Costs of Compliance The compliance thresholds for the A340–57–4093 and the French initial inspections specified in Service airworthiness directives specify to This proposed AD would affect about Bulletin A330–57–3085 range from contact the manufacturer for repair 25 airplanes of U.S. registry. between 8,000 and 19,200 flight cycles instructions and an inspection schedule The proposed inspections would take or between 25,000 and 57,800 flight if any crack or damage is found; this about 4 work hours per airplane, at an hours. The compliance thresholds for proposed AD requires you to repair any average labor rate of $65 per work hour. the initial inspections specified in cracking (and obtain a schedule for Based on these figures, the estimated subsequent inspections) by using a Service Bulletin A340–57–4093 range cost of the proposed inspections for U.S. method that we or the DGAC (or its from between 8,000 and 12,200 flight operators is $6,500, or $260 per delegated agent) approve. In light of the cycles or between 30,200 and 53,500 airplane, per inspection cycle. type of repair required to address the flight hours. unsafe condition, and consistent with Authority for This Rulemaking Airbus has also issued Service existing bilateral airworthiness Title 49 of the United States Code Bulletins A330–57–3087 (for Model agreements, we have determined that, specifies the FAA’s authority to issue A330 series airplanes) and A340–57– for this proposed AD, a repair and rules on aviation safety. Subtitle I, 4095 (for Model A340 series airplanes), inspection schedule we or the DGAC section 106, describes the authority of both dated February 15, 2005. The approve is acceptable for compliance the FAA Administrator. Subtitle VII, service bulletins describe procedures for with this proposed AD. Aviation Programs, describes in more modifying the fuel pipe connector and Figure 4, Sheet 1, ‘‘Inspection Flow detail the scope of the Agency’s the fastener holes of support rib 6. The Chart,’’ of Service Bulletins A330–57– authority. modification includes, among other 3085 and A340–57–4093 specifies We are issuing this rulemaking under things, enlarging and cold expanding initial inspection thresholds for the authority described in subtitle VII, certain attachment holes of the fuel pipe airplanes on which the actions in those part A, subpart III, section 44701, connector, installing interference bolts, service bulletins have been ‘‘General requirements.’’ Under that and a HFEC inspection (rotating probe accomplished, or Airbus Modification section, Congress charges the FAA with test) of the fastener holes for cracking. 53882 was done during production. promoting safe flight of civil aircraft in If no cracking is found during the This proposed AD would require you to air commerce by prescribing regulations inspections specified in Service Bulletin perform the initial inspection at the for practices, methods, and procedures A330–57–3085 or A340–57–4093, this earliest of those thresholds or within 6 the Administrator finds necessary for optional modification may be done. months after the effective date of the safety in air commerce. This regulation The DGAC mandated the service AD, whichever is later. We have is within the scope of that authority information and issued French included a 6-month grace period to because it addresses an unsafe condition airworthiness directives F–2005–071 ensure that any airplane that is close to that is likely to exist or develop on and F–2005–072, both dated April 27, or has passed the initial inspection products identified in this rulemaking 2005, to ensure the continued threshold is not grounded as of the action. airworthiness of these airplanes in effective date of the AD. France. Regulatory Findings Clarification of Procedures for Certain We have determined that this FAA’s Determination and Requirements Inspections of the Proposed AD proposed AD would not have federalism The French airworthiness directives implications under Executive Order These airplane models are require certain follow-on inspections 13132. This proposed AD would not manufactured in France and are type prior to next flight for airplanes above have a substantial direct effect on the certificated for operation in the United 8,000 flight cycles or 30,200 flight hours States, on the relationship between the States under the provisions of section with at least one wing rib 6 not repaired national Government and the States, or 21.29 of the Federal Aviation or modified after a hard or overweight on the distribution of power and Regulations (14 CFR 21.29) and the landing of the airplane; however, there responsibilities among the various applicable bilateral airworthiness are no procedures specified in Service levels of government. agreement. Pursuant to this bilateral Bulletins A330–57–3085 and A340–57– For the reasons discussed above, I airworthiness agreement, the DGAC has 4093 for accomplishing those certify that the proposed regulation: kept the FAA informed of the situation inspections. Therefore, we have 1. Is not a ‘‘significant regulatory described above. We have examined the determined that, for this proposed AD, action’’ under Executive Order 12866; DGAC’s findings, evaluated all pertinent inspections we or the DGAC approve are 2. Is not a ‘‘significant rule’’ under the information, and determined that we acceptable for compliance with the DOT Regulatory Policies and Procedures need to issue an AD for airplanes of this inspections required by the French (44 FR 11034, February 26, 1979); and type design that are certificated for airworthiness directives. We have 3. Will not have a significant operation in the United States. provided other methods to comply, as economic impact, positive or negative,
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on a substantial number of small entities Inspection aids such as mirror, magnifying Instructions of Airbus Service Bulletin A340– under the criteria of the Regulatory lenses, etc., may be necessary. Surface 57–4093, Revision 01, dated March 25, 2005. Flexibility Act. cleaning and elaborate procedures may be Repeat the inspections thereafter at intervals We prepared a regulatory evaluation required.’’ not to exceed 8,000 flight cycles or 30,200 of the estimated costs to comply with flight hours, whichever is first. Repetitive Inspections (1) For airplanes that have accumulated this proposed AD and placed it in the (f) For Model A330 series airplanes on 7,999 or fewer total flight cycles and 30,199 AD docket. See the ADDRESSES section which Airbus Modification 53882 was not or fewer total flight hours as of the effective for a location to examine the regulatory done during production: At the applicable date of this AD: Do the inspections at the evaluation. time specified in paragraph (f)(1), (f)(2), or later of the times specified in paragraphs (f)(3) of this AD; perform a detailed (h)(1)(i) and (h)(1)(ii) of this AD. List of Subjects in 14 CFR Part 39 inspection for cracking in the aft web of (i) Before the accumulation of 8,000 total Air transportation, Aircraft, Aviation support rib 6 between bottom skin stringers flight cycles or 30,200 total flight hours after safety, Safety. 18 and 20 on both wings, and high frequency the effective date of this AD, whichever is eddy current inspections for cracking of the first. The Proposed Amendment attachment holes of the fuel pipe and fuel (ii) Within 8 months after the effective date pipe mounting, by doing all the actions in Accordingly, under the authority of this AD. accordance with the Accomplishment (2) For airplanes that have accumulated delegated to me by the Administrator, Instructions of Airbus Service Bulletin A330– the FAA proposes to amend 14 CFR part 8,000 or more but fewer than 10,000 total 57–3085, Revision 01, dated March 25, 2005. flight cycles or 30,200 or more but less than 39 as follows: Repeat the inspections thereafter at intervals 43,700 total flight hours, as of the effective not to exceed 8,000 flight cycles or 25,000 date of this AD: Do the inspections at the PART 39—AIRWORTHINESS flight hours, whichever is first. later of the times specified in paragraphs DIRECTIVES (1) For airplanes that have accumulated (h)(2)(i) and (h)(2)(ii) of this AD. 7,999 or fewer total flight cycles, and 24,999 1. The authority citation for part 39 (i) Before the accumulation of 10,000 total or fewer total flight hours, as of the effective flight cycles or 43,700 total flight hours after continues to read as follows: date of this AD: Do the inspections at the the effective date of this AD, whichever is later of the times specified in paragraphs Authority: 49 U.S.C. 106(g), 40113, 44701. first. (f)(1)(i) and (f)(1)(ii) of this AD. (ii) Within 8 months after the effective date (i) Before the accumulation of 8,000 total § 39.13 [Amended] of this AD. flight cycles or 25,000 total flight hours after 2. The Federal Aviation the effective date of this AD, whichever is (3) For airplanes that have accumulated Administration (FAA) amends § 39.13 first. 10,000 or more total flight cycles or 43,700 by adding the following new (ii) Within 8 months after the effective date or more total flight hours as of the effective airworthiness directive (AD): of this AD. date of this AD: Do the inspections within 3 (2) For airplanes that have accumulated months after the effective date of this AD. Airbus: Docket No. FAA–2005–22812; (i) For Model A340 series airplanes on Directorate Identifier 2005–NM–134–AD. 8,000 or more total flight cycles, but fewer than 10,000 total flight cycles; or 25,000 or which Airbus Modification 53882 was done Comments Due Date more total flight hours, but fewer than 30,000 during production or on which Airbus total flight hours; as of the effective date of Service Bulletin A340–57–4095, dated (a) The FAA must receive comments on February 15, 2005, has been done: Perform this AD action by November 28, 2005. this AD: Do the inspections at the later of the times specified in paragraphs (f)(2)(i) and the applicable inspections required by Affected ADs (f)(2)(ii) of this AD. paragraph (f) of this AD at the earliest of the (b) None. (i) Before the accumulation of 10,000 flight initial inspection thresholds specified in cycles or 30,000 flight hours after the Figure 4, Sheet 1, ‘‘Inspection Flow Chart’’ of Applicability effective date of this AD, whichever is first. Airbus Service Bulletin A340–57–4093, (c) This AD applies to Airbus Model A330– (ii) Within 8 months after the effective date Revision 01, dated March 25, 2005; or within 201, –202, –203, –223, and –243; A330–301, of this AD. 6 months after the effective date of this AD, –321, –322, –323, –341, –342, and –343; (3) For airplanes that have accumulated whichever is later. Repeat the inspections A340–211, –212, and –213; and A340–311, 10,000 or more total flight cycles or 30,000 required by paragraph (f) of this AD at the –312, and –313 airplanes, certificated in any or more total flight hours as of the effective time specified in paragraph (h) of this AD. category; on which Airbus Modification date of this AD: Do the inspections within 3 Optional Modification 41114 or 44599 was done during production. months after the effective date of this AD. (g) For Model A330 series airplanes on (j) For airplanes on which no cracking is Unsafe Condition which Airbus Modification 53882 was done found during any inspection required by this (d) This AD results from a report of during production or on which Airbus AD: Accomplishing the modification of the significant cracking found in the aft web of Service Bulletin A330–57–3087, dated fuel pipe connector and the fastener holes of support rib 6 on both wings. We are issuing February 15, 2005, has been done: Perform support rib 6 on both wings by doing all the this AD to prevent cracking in the aft web of the applicable inspections required by actions specified in the Accomplishment support rib 6, which could result in paragraph (f) of this AD at the earliest of the Instructions of Airbus Service Bulletin A330– overloading of adjacent ribs and the initial inspection thresholds specified in 57–3087, or A340–57–4095, both dated surrounding wing structure and consequent Figure 4, Sheet 1, ‘‘Inspection Flow Chart’’ of February 15, 2005, as applicable, would reduced structural integrity of the wing. Airbus Service Bulletin A330–57–3085, extend the interval for the next inspection to Revision 01, dated March 25, 2005; or within the applicable post-mod inspection threshold Compliance 6 months after the effective date of this AD, specified in Figure 4, Sheet 1, ‘‘Inspection (e) You are responsible for having the whichever is later. Repeat the inspections Flow Chart’’ of Airbus Service Bulletins actions required by this AD performed within required by paragraph (f) of this AD at the A330–57–3085 and A340–57–4093, both the compliance times specified, unless the time specified in paragraph (f) of this AD. Revision 01, both dated March 25, 2005, as actions have already been done. (h) For Model A340 series airplanes on applicable. After accomplishing that Note 1: For the purposes of this AD, a which Airbus Modification 53882 was not inspection, repeat the applicable inspections detailed inspection is: ‘‘An intensive done during production: Perform inspections required by paragraph (f) or (h) of this AD at examination of a specific item, installation, required by paragraph (f) of this AD at the the applicable repetitive inspection interval or assembly to detect damage, failure, or applicable time specified in paragraph (h)(1), specified in Figure 4. irregularity. Available lighting is normally (h)(2), or (h)(3) of this AD. Perform the Note 2: There is currently no terminating supplemented with a direct source of good inspections by doing all the actions in action available for the repetitive inspections lighting at an intensity deemed appropriate. accordance with the Accomplishment required by this AD.
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Inspections Accomplished According to Alternative Methods of Compliance additional information on how to file Previous Issue of Service Bulletins (AMOCs) comments. (k) Inspections accomplished before the (o)(1) The Manager, International Branch, effective date of this AD according to Airbus ANM–116, has the authority to approve FOR FURTHER INFORMATION CONTACT: All Operator Telexes A330–57–3085 and AMOCs for this AD, if requested in Frank Karabetsos, Office of General A340–57–4093, both dated December 15, accordance with the procedures found in 14 Counsel, Federal Energy Regulatory, 2004; are considered acceptable for CFR 39.19. Commission, 888 First Street, NE., compliance with the corresponding (2) Before using any AMOC approved in Washington, DC 20426, (202) 502–8133, inspections specified in this AD. accordance with 14 CFR 39.19 on any [email protected]. airplane to which the AMOC applies, notify Mark Higgins, Office of Market Repair the appropriate principal inspector in the Oversight and Investigations, Federal (l) Except as required by paragraph (m) of FAA Flight Standards Certificate Holding Energy Regulatory Commission, 888 this AD: If any cracking is found during any District Office. First Street, NE., Washington, DC 20426, inspection required by this AD: Repair before Related Information further flight and get a schedule for (202) 502–8273, [email protected]. subsequent inspections, according to a (p) French airworthiness directives F– 2005–071 and F–2005–072, both dated April SUPPLEMENTARY INFORMATION: method approved by either the Manager, 27, 2005, also address the subject of this AD. International Branch, ANM–116, Transport Introduction Issued in Renton, Washington, on October Airplane Directorate; or the Direction 1. On August 8, 2005, the Energy Ge´ne´rale de l’Aviation (DGAC) (or its 20, 2005. Policy Act of 2005 (EPAct 2005) 1 was delegated agent). Kalene C. Yanamura, signed into law. Sections 315 and 1283 Hard or Overweight Landing Acting Manager, Transport Airplane of EPAct 2005, amending the Natural Directorate, Aircraft Certification Service. (m) For Model A330 series airplanes with Gas Act 2 and the Federal Power Act,3 [FR Doc. 05–21429 Filed 10–26–05; 8:45 am] 8,000 or more total flight cycles or 25,000 or respectively, are virtually identical, and more total flight hours, and Model A340 BILLING CODE 4910–13–P prohibit the use or employment of series airplanes with 8,000 or more total manipulative or deceptive devices or flight cycles or 30,200 or more total flight contrivances in connection with the hours that have not been modified in DEPARTMENT OF ENERGY purchase or sale of natural gas, electric accordance with paragraph (j) of this AD: energy, or transportation or Before further flight after any hard or Federal Energy Regulatory transmission services subject to the overweight landing of the airplane, Commission accomplish the applicable follow-on jurisdiction of the Commission. These anti-manipulation sections of EPAct inspections and any applicable corrective 18 CFR Parts 47 and 159 actions according to a method approved by 2005 closely track the prohibited either the Manager, International Branch, [Docket No. RM06–3–000] conduct language in section 10(b) of the ANM–116; or the DGAC (or its delegated Securities Exchange Act of 1934,4 and agent). Accomplishing the inspections in Prohibition of Energy Market specifically dictate that the terms Airbus A330/A340 Airplane Maintenance Manipulation ‘‘manipulative or deceptive device or Manual, Chapter 05–51–11, dated April 1, contrivance’’ are to be used ‘‘as those 2005, titled ‘‘Inspection After Hard/ Issued October 20, 2005. terms are used in section 10(b).’’ Overweight Landing—Inspection/Check,’’ or AGENCY: Federal Energy Regulatory 2. The Securities and Exchange Airbus Technical Disposition (TD) TD/J1/S3/ Commission, DOE. 00608/2005, dated April 26, 2005, titled Commission (SEC) has adopted Rule ACTION: Notice of proposed rulemaking. 5 ‘‘Inspections following hard landing, both 10b–5, which implemented section wings,’’ is considered one approved method. SUMMARY: Pursuant to Title III, Subtitle 10(b) of the Exchange Act, and has (Operators can obtain the TD from Airbus.) B, and Title XII, Subtitle G of the Energy developed a significant body of legal precedent related to both section 10(b) Reporting Requirement Policy Act of 2005, the Federal Energy Regulatory Commission (Commission) is of the Exchange Act and Rule 10b–5. (n) If any crack is found during any Consistent with the mandate that the inspection required by this AD: Submit a proposing rules to implement new section 222 of the Federal Power Act Commission’s new authority be report of the findings to Airbus Repair exercised in a manner consistent with Engineering, Dept SER–1, 1 Rond Point and new section 4A of the Natural Gas Maurice Bellonte, 31707 Blagnac Cedex, Act, prohibiting the employment of section 10(b) of the Exchange Act, the France. Submit the report at the applicable Commission has modeled its proposed manipulative or deceptive devices or 6 time specified in paragraph (n)(1) or (n)(2) of contrivances. The Commission seeks regulations on Rule 10b–5. This this AD. The report must include the public comment on the regulations approach should provide benefits to inspection results, a description of any proposed herein. entities subject to the new rule because discrepancies found, the airplane serial there is a substantial body of precedent number, and the number of landings and DATES: Comments are due November 17, 2005. Reply comments are due flight hours on the airplane. Under the 1 Energy Policy Act of 2005, Pub. L. 109–58, 119 provisions of the Paperwork Reduction Act of November 25, 2005. Stat. 594 (2005). 1980 (44 U.S.C. 3501 et seq.), the Office of ADDRESSES: Comments may be filed 2 15 U.S.C. 717 et al. (2004). Management and Budget (OMB) has electronically via the eFiling link on the 3 16 U.S.C. 791a et al. (2004). approved the information collection Commission’s Web site at http:// 4 Securities and Exchange Act of 1934, 15 U.S.C. requirements contained in this AD and has www.ferc.gov. Commenters unable to 78j(b) (2005) (Exchange Act). 5 17 CFR 240.10b–5 (2005). assigned OMB Control Number 2120–0056. file comments electronically must send (1) If the inspection was done after the 6 This reliance on the use of SEC precedent is effective date of this AD: Submit the report an original and 14 copies of their consistent with Congress’ expressed intent in within 30 days after the inspection. comments to: Federal Energy Regulatory sections 315 and 1283 that any ‘‘manipulative or Commission, Office of the Secretary, deceptive device or contrivance’’ is prohibited ‘‘as (2) If the inspection was done before the those terms are used in section 10(b) of the effective date of this AD: Submit the report 888 First Street NE., Washington, DC Securities and Exchange Act of 1934’’ and Congress’ within 30 days after the effective date of this 20426. Refer to the Comment modeling sections 315 and 1283 of EPAct 2005 after AD. Procedures section of the preamble for section 10(b) of the Exchange Act.
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applying the comparable language of Market Behavior Rule 2(a) expressly of blanket certificate authority. ‘‘[A]ny Rule 10b–5. prohibits wash trades, Rule 2(b) entity’’ includes not only regulated 3. In this Notice of Proposed prohibits transactions predicated on utilities but also governmental utilities Rulemaking (NOPR), the Commission submitting false information, Rule 2(c) and other market participants.12 proposes to add a Part 47 under prohibits creating and relieving artificial 10. As discussed in more detail Subchapter B (Regulations under the congestion, and Rule 2(d) prohibits below, subsections (a)(1)–(3) of these Federal Power Act) and a Part 159 under collusion.11 proposed regulations are patterned after Subchapter E (Regulations under the 7. Sections 315 and 1283 of EPAct the SEC’s Rule 10b–5, and are intended Natural Gas Act) to Title 18 of the Code 2005 enhance the Commission’s to be interpreted consistent with of Federal Regulations, and intends to authority to prohibit manipulation of analogous SEC precedent that is issue final regulations by December 31, the energy markets. However, neither appropriate under the circumstances. 2005. The Commission seeks comments section 315 nor 1283 is a self-actuating Subsection (b) of the Commission’s on its proposals for the regulations provision. This rulemaking fulfills proposed regulations states that nothing discussed below. Congress’ intent in adopting these in these provisions shall be construed to provisions. create a private right of action.13 This Background The Commission’s Proposed language is based expressly on sections 4. In November 2003, the Commission Regulations 315 and 1283 of EPAct 2005, and issued the Market Behavior Rules to fill reflects Congress’ intent that entities a void in the regulation of market-based 8. Pursuant to section 4A of the will not be subject to civil actions by trading activity.7 The Market Behavior Natural Gas Act and section 222 of the third parties based on alleged violations Rules emanated from the Commission’s Federal Power Act, as added to the of these proposed regulations. investigation of trading activity in statutes by EPAct 2005, the Commission Western markets during 2000–2001, proposes to add a Part 47 under Securities and Commodity Law which uncovered a number of trading Subchapter B and a Part 159 under Precedent schemes intended to take advantage of Subchapter E to Title 18 of the Code of 11. The Exchange Act addresses the then-existing electricity market in Federal Regulations. Under these regulation of the securities markets. One California.8 The Commission also proposed regulations, it shall be of the most important provisions of the discovered abuses in reporting of unlawful for any entity, directly or Exchange Act is section 10(b), which natural gas prices to price index indirectly, in connection with the prohibits the use of ‘‘any manipulative publishers for purposes of manipulating purchase or sale of electric energy or the or deceptive device or contrivance’’ in price indices.9 purchase or sale of transmission contravention of SEC Rules.14 The SEC 5. The Market Behavior Rules were services subject to the jurisdiction of the promulgated Rule 10b–5 to enforce adopted to establish guidelines Commission, or in connection with the section 10(b).15 applicable to the conduct of purchase or sale of natural gas or the 12. Section 10(b) and Rule 10b–5 jurisdictional market-based rate sellers purchase or sale of transportation might ‘‘well be the most litigated in wholesale power markets and to services subject to the jurisdiction of the provisions in the federal securities jurisdictional companies engaged in Commission, (1) to use or employ any laws,’’ 16 having been described by the wholesale sales of natural gas under device, scheme, or artifice to defraud, Supreme Court as ‘‘a judicial oak which blanket certificate authority. (2) to make any untrue statement of a has grown from little more than a 6. An important provision of the material fact or to omit to state a legislative acorn.’’ 17 The vast body of Market Behavior Rules is Rule 2, which material fact necessary in order to make states that ‘‘[a]ctions or transactions that the statements made, in the light of the 12 The Commission intends that the principles are without a legitimate business circumstances under which they were discussed in the Policy Statement on Enforcement purpose and that are intended to or made, not misleading, or (3) to engage that we are issuing today in Docket No. PL06–1–000 in any act, practice, or course of will also apply to ‘‘any entity’’ as defined herein. foreseeably could manipulate market 13 However, subsection (b) is not intended to take prices, market conditions, or market business that operates or would operate away any other right that may otherwise exist. rules for electric energy or electricity as a fraud or deceit upon any person. 14 15 U.S.C. 78j(b) (2005). products are prohibited.’’ 10 In addition, 9. Sections 315 and 1283 of EPAct 15 Rule 10b–5 of the U.S. Securities and Exchange 2005 apply to ‘‘any entity.’’ Indeed, Commission reads: 7 Investigation of Terms and Conditions of Public section 1283 expressly includes an It shall be unlawful for any person, directly or Utility Market-Based Rate Authorizations, ‘‘Order ‘‘entity described in section 201(f).’’ indirectly, by the use of any means or Amending Market-Based Rate Tariffs and Accordingly, these proposed regulations instrumentality of interstate commerce, or of the mails or of any facility of any national securities Authorizations,’’ 105 FERC ¶ 61,218 (2003), reh’g apply to the conduct of ‘‘any entity,’’ denied, 107 FERC ¶ 61,175 (2004); Order No. 644, exchange, Amendment to Blanket Sales Certificates, FERC not just jurisdictional market-based rate (a) To employ any device, scheme, or artifice to Stats. & Regs. ¶ 31,153 (2003), reh’g denied, 107 sellers, natural gas pipelines, or holders defraud, FERC ¶ 61,174 (2004). (b) To make any untrue statement of a material 8 See Final Report on Price Manipulation in 284.288(a) and 284.403(a) of the Commission’s fact or to omit to state a material fact necessary in Western Markets: Fact-Finding Investigation of regulations, promulgated in Order No. 644, contain order to make the statements made, in the light of Potential Manipulation of Electric and Natural Gas substantially similar language: a pipeline that the circumstances under which they were made, Prices, Docket No. PA02–2–000 (March 2003) (Final provides unbundled natural gas service under not misleading, or Report); see also American Elec. Power Serv. Corp., section 284.284 or any person making natural gas (c) To engage in any act, practice, or course of 103 FERC ¶ 61,345 (2003), reh’g denied, 106 FERC sales for resale in interstate commerce pursuant to business which operates or would operate as a ¶ 61,020 (2004); Enron Power Mktg., Inc., 103 FERC section 284.402 ‘‘is prohibited from engaging in fraud or deceit upon any person, in connection with ¶ 61,346 (2003), reh’g denied, 106 FERC ¶ 61,020 actions or transactions that are without a legitimate the purchase or sale of any security. (2004). business purpose and are intended to or foreseeably 17 CFR 240.10b–5 (2005). 9 Final Report, Docket No. PA02–2–000 (March could manipulate market prices, market conditions, 16 SEC v. National Sec., Inc., 393 U.S. 453, 465 2003); Policy Statement on Natural Gas and Electric or market rules for natural gas.’’ The Market (1969). Price Indices, 104 FERC ¶ 61,121 at 61,404 (2003) Behavior Rules are currently being appealed. See 17 Blue Chip Stamps v. Manor Drug Stores, 421 (addressing price index reporting abuses). Cinergy Mktg. & Trading, L.P. v. FERC, Docket No. U.S. 723, 737 (1975); see also Louis Loss & Joel 10 Investigations of Terms and Conditions of 04–1168 et al. (D.C. Cir. 2005). Seligman, Securities Regulations § 9–B–3 (3d. ed. Public Utility Market-Based Rate Authorizations, 11 Order No. 644 expressly prohibits wash trades 2004) (regarding Rule 10b–5 ‘‘[i]t is difficult to 105 FERC ¶ 61,218 at Appendix A (2003). Sections and collusion for natural gas sellers. Continued
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section 10(b) case law provides SEC and CFTC.22 However, the factors into account in resolving substantial certainty to entities subject Commission will address the possibility violations.26 to section 10(b) because it has resolved of revising or repealing Market Behavior Information Collection Statement many recurring questions of Rule 2, and will seek comments in the interpretation that have arisen under the near future. Moreover, as explained in 17. This proposed rule implements rule. the concurrent Policy Statement on the existing requirements as set forth in sections 315 and 1283 of EPAct 2005 13. Section 4b of the Commodity Enforcement that we are issuing today and does not include new information Exchange Act (CEA) is the Commodity (discussed below), we will not seek requirements under the provisions of Futures Trading Commission’s (CFTC) duplicative sanctions for the same the Paperwork Reduction Act of 1995 general anti-fraud rule.18 Section 4b conduct in the event that conduct (44 U.S.C. 3501 et seq.). makes it unlawful for any person to violates both Market Behavior Rule 2 23 ‘‘cheat or defraud or attempt to cheat or and proposed section 47.1. Environmental Analysis defraud,’’ or to make false reports or Concurrent Policy Statement on 18. The Commission is required to statements, or to deceive or attempt to Enforcement prepare an Environmental Assessment deceive another in transactions under or an Environmental Impact Statement the CFTC’s jurisdiction. Although the 16. The Commission’s new EPAct 2005 authority under the anti- for any action that may have a statutory language of section 10(b) of the significant adverse effect on the human Exchange Act and section 4b of the CEA manipulation provisions coupled with 24 environment.27 The Commission has are not identical, the Supreme Court expanded civil penalty authority, provides us with more effective tools to categorically excluded certain actions stated that they are ‘‘analogous’’ and from these requirements as not having a ‘‘[t]he language of § 4b [of the CEA] is assure workably competitive markets. The Commission is concurrently issuing significant effect on the human similar to that of § 10(b) of the Securities environment.28 The actions proposed 19 a Policy Statement on Enforcement that Exchange Act of 1934.’’ Lower courts here fall within categorical exclusions have gone further, noting that ‘‘the sets out guidelines on the Commission’s enforcement policies and practices and in the Commission’s regulations for elements of a claim under § 4(b)(A) are rules that are clarifying, corrective, or basically the same as those under Rule on how we will exercise our new civil 25 procedural, for information gathering, 10b–5.’’ 20 penalty authority. The Policy Statement, like these new proposed analysis, and dissemination, and for 14. The Commission proposes to regulations, draws from the experience sales, exchange, and transportation of pattern proposed sections 47.1 and of other Federal agencies, including the electric power that requires no 159.1 of its regulations on the text of SEC and the CFTC, in explaining the construction of facilities.29 Therefore, Rule 10b–5. This is not only consistent factors that will be taken into account in an environmental assessment is with the clear intent of sections 315 and applying remedies for misconduct, unnecessary and has not been prepared 1283 of EPAct 2005, but also should including the imposition of civil in this NOPR. benefit the industry because it will penalties. The Policy Statement Regulatory Flexibility Act provide greater certainty to entities provides that the Commission will 19. The Regulatory Flexibility Act of subject to the new rules because the exercise its enhanced authority in a firm 1980 (RFA) 30 generally requires a Commission intends to rely on the large but fair manner, and will take mitigating body of case law interpreting and description and analysis of final rules that will have significant economic applying section 10(b) and Rule 10b–5 22 For example, section 10(b) and Rule 10b–5, the 21 when applying its new authority. SEC’s general anti-fraud provision (the Supreme impact on a substantial number of small Court described section 10(b) as a ‘‘general entities.31 The Commission is not The Relationship of the Proposed Rules prohibition of practices * * * artificially affecting required to make such analyses if a rule to the Commission’s Market Behavior market activity in order to mislead investors’’ would not have such an effect. Rules designed as a broad anti-fraud ‘‘catch-all clause.’’ Schreiber v. Burlington Northern, Inc., 472 U.S. 1, 20. The Commission does not believe 15. Both Market Behavior Rule 2 and 6–7 (1985); Aaron v. SEC, 446 U.S. 680, 690 (1980)), that this proposed rule would have such the proposed regulations prohibit exists alongside other, more targeted provisions, an impact on small entities. This including but not limited to: section 9(a)(2) proposed rule prohibits all entities, manipulative conduct. For now, Market prohibiting manipulative conduct on national Behavior Rule 2 is retained, an approach securities exchanges (15 U.S.C. 78i (2005)); section 26 consistent with that taken by both the 14(e) prohibiting any person from making material Id. misstatements or omissions and from engaging in 27 Order No. 486, Regulations Implementing the fraudulent conduct in connection with any tender National Environmental Policy Act, 52 FR 47897 think of another instance in the entire corpus juris offer (15 U.S.C. 78n(e) (2005)); and section 17(a) (Dec. 17, 1987), FERC Stats. & Regs., Regulations in which the interaction of the legislative, prohibiting fraud in connection with the sale of Preambles 1986–1990 ¶ 30,783 (1987). administrative rulemaking, and judicial processes securities (15 U.S.C. 77q(a) (2005)). Similarly, the 28 18 CFR 380.4 (2005). has produced so much from so little.’’). CFTC’s general anti-fraud provision in section 4b 29 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 18 7 U.S.C. 6b (2005). exists alongside other CFTC anti-manipulation 380.4(a)(27) (2005). 19 Merrill Lynch, Pierce, Fenner & Smith v. provisions, including but not limited to: section 4o 30 5 U.S.C. 601–12 (2000). Curran, 456 U.S. 353, 389 (1982). prohibiting fraud by commodity trading advisors 31 The RFA definition of ‘‘small entity’’ refers to 20 Trustman v. Merrill Lynch, Pierce, Fenner & and commodity pool operators (7 U.S.C. 6m (2005)); the definition provided in the Small Business Act, Smith, 1985 U.S. Dist. LEXIS 23154 at * 38; Fed. Rule 30.9 prohibiting fraud in connection with which defines a ‘‘small business concern’’ as a Sec. L. Rep. (CCH) P91,936 (C.D.C.A. 1985); see foreign futures contracts (17 CFR 30.9 (2005)); and business that is independently owned and operated also, Drexel Burnham Lambert, Inc. v. Commodity Rule 32.9 prohibiting fraud in connection with and that is not dominant in its field of operation. Futures Trading Comm’n, 850 F.2d 742, 748 (D.C. commodity option transactions (17 CFR 32.9 15 U.S.C. 632 (2000). The Small Business Size Cir. 1988) (court held recklessness satisfied the (2005)). Standards component of the North American scienter requirement for section 4b just as it does 23 The Commission will likewise not seek Industry Classification System defines a small under section 10(b) and Rule 10b–5). duplicative sanctions from natural gas sellers for electric utility as on that, including its affiliates, is 21 EPAct 2005, with its references to Section 10(b) the same conduct in the event that conduct violates primarily engaged in the generation, transmission, of the Exchange Act, provides a level of substantial both the Market Behavior Rules, 18 CFR 284.288(a) and/or distribution of electric energy for sale and certainty with respect to how the proposed or 284.403(a) (2005), and proposed section 159.1. whose total electric output for the preceding fiscal regulations will operate that the Commission is not 24 Sections 314 and 1284 of EPAct 2005. years did not exceed 4 million MWh. 13 CFR typically able to provide where a preexisting body 25 Policy Statement on Enforcement, Docket No. 121.201 (2004) (Section 22, Utilities, North of law and precedent is not readily available. PL06–1–000. American Industry Classification System, NAICS).
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including small entities, from 25. From FERC’s Home Page on the PART 159—PROHIBITION OF ENERGY employing manipulative or deceptive Internet, this information is available in MARKET MANIPULATION devices or contrivances, and therefore the eLibrary. The full text of this may cause entities, including document is available in the eLibrary Authority: 15 U.S.C. 717–717z; 42 U.S.C. potentially small entities, to increase both in PDF and Microsoft Word format 7101–7352. costs in order to comply. This for viewing, printing, and/or prohibition, however, will improve downloading. To access this document § 159.1 Prohibition of energy market manipulation. market transparency to the economic in eLibrary, type the docket number benefit of all entities, including small excluding the last three digits of this (a) It shall be unlawful for any entity, entities. Therefore, the Commission document in the docket number field. directly or indirectly, (1) To use or employ any device, certifies that this proposed rule, if 26. User assistance is available for finalized, will not have a significant scheme, or artifice to defraud, eLibrary and the FERC’s Web site during (2) To make any untrue statement of economic impact on a substantial our normal business hours. For number of small entities. a material fact or to omit to state a assistance contact FERC Online Support material fact necessary in order to make Comment Procedures at [email protected] or toll- the statements made, in the light of the 21. The Commission invites interested free at (866) 208–3676, or for TTY, circumstances under which they were persons to submit comments on the contact (202) 502–8659. made, not misleading, or matters and issues proposed in this List of Subjects (3) To engage in any act, practice, or notice to be adopted, including any course of business that operates or related matters or alternative proposals 18 CFR Part 47 would operate as a fraud or deceit upon that commenters may wish to discuss. Electric utilities, Electric power, any person, in connection with the Comments are due November 17, 2005. Investigations, Penalties. purchase or sale of natural gas or the Reply comments are due seven days purchase or sale of transportation thereafter. Comments must refer to 18 CFR Part 159 services subject to the jurisdiction of the Docket No. RM06–3–000, and must Natural Gas, Pipelines, Investigations, Commission. include the commenter’s name, the (b) Nothing in this § 159.1 shall be Penalties. organization they represent, if construed to create a private right of applicable, and their address in their By direction of the Commission. action. comments. Comments may be filed Magalie R. Salas, [FR Doc. 05–21423 Filed 10–26–05; 8:45 am] either in electronic or paper format. Secretary. 22. Comments may be filed BILLING CODE 6717–01–P In consideration of the foregoing, the electronically via the eFiling link on the Commission proposes to amend Chapter Commission’s Web site at http:// I, Title 18, Code of Federal Regulations, www.ferc.gov. The Commission accepts DEPARTMENT OF THE INTERIOR as follows: most standard word processing formats Fish and Wildlife Service and commenters may attach additional 1. Part 47 is added to read as follows: files with supporting information in PART 47—PROHIBITION OF ENERGY 50 CFR Part 16 certain other file formats. Commenters MARKET MANIPULATION filing electronically do not need to make RIN 1018–AG70 a paper filing. Commenters that are not able to file comments electronically Authority: 16 U.S.C. 791–825r, 2601–2645; Injurious Wildlife Species; Black Carp 42 U.S.C. 7101–7352. must send an original and 14 copies of (Mylopharyngodon piceus); Extension their comments to: Federal Energy § 47.1 Prohibition of energy market of Comment Period manipulation. Regulatory Commission, Office of the AGENCY: Fish and Wildlife Service, Secretary, 888 First Street NE., (a) It shall be unlawful for any entity, Interior. Washington, DC 20426. directly or indirectly, 23. All comments will be placed in ACTION: Proposed rule; extension of the Commission’s public files and may (1) To use or employ any device, comment period. scheme, or artifice to defraud, be viewed, printed, or downloaded SUMMARY: We, the U.S. Fish and remotely as described in the Document (2) To make any untrue statement of Wildlife Service, extend the comment Availability section below. Commenters a material fact or to omit to state a period on a proposed rule to add all on this proposal are not required to material fact necessary in order to make forms of live black carp serve copies of their comments on other the statements made, in the light of the (Mylopharyngodon piceus), including commenters. circumstances under which they were gametes and viable eggs, to the list of made, not misleading, or Document Availability injurious fish under the Lacey Act and (3) To engage in any act, practice, or 24. In addition to publishing the full on the draft environmental assessment course of business that operates or text of this document in the Federal and draft economic analysis prepared in would operate as a fraud or deceit upon Register, the Commission provides all association with the proposed rule. any person, in connection with the interested persons an opportunity to DATES: Comments must be submitted on purchase or sale of electric energy or the view and/or print the contents of this or before December 16, 2005. purchase or sale of transmission document via the Internet through ADDRESSES: The analyses are available services subject to the jurisdiction of the FERC’s Home Page (http://www.ferc.gov) from the Chief, Division of Commission. and in FERC’s Public Reference Room Environmental Quality, U.S. Fish and during normal business hours (8:30 a.m. (b) Nothing in this § 47.1 shall be Wildlife Service, 4401 North Fairfax to 5 p.m. eastern time) at 888 First construed to create a private right of Drive, Mail Stop 322, Arlington, Street, NE., Room 2A, Washington, DC action. Virginia 22203; FAX (703) 358–1800. 20426. 2. Part 159 is added to read as follows: They also are available on our Web page
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at http://contaminants.fws.gov/Issues/ August 4, 2003. We received 103 submitted on the proposed rule need InvasiveSpecies.cfm. Comments may be comments during the first two comment not be resubmitted as they will be fully hand-delivered, mailed, or sent by fax to periods. considered in our decisionmaking. the address listed above. Alternatively, On August 30, 2005 (70 FR 51326), we Public Comments Solicited you may send comments by electronic announced the availability for public mail (e-mail) to: [email protected]. comment of a draft environmental Submit data and comments as See the Public Comments Solicited assessment and draft economic analysis identified in ADDRESSES. If you submit section below for file format and other for the proposed rule and reopened the documentation by e-mail, please submit information about electronic filing. comment period on the proposed rule. it as an ASCII file format and avoid the FOR FURTHER INFORMATION CONTACT: Erin The purpose of the draft environmental use of special characters and Williams, Division of Environmental assessment is to evaluate three encryption. Please include ‘‘Attn: [RIN Quality, Branch of Invasive Species, at alternatives associated with the 1018–AG70]’’ in your e-mail subject line (703) 358–2034 or proposed rule; the purpose of the draft and your name and return address in [email protected]. economic analysis is to analyze the your e-mail message. If you do not SUPPLEMENTARY INFORMATION: potential economic impact if the receive a confirmation from the system proposed rule were adopted as that we have received your e-mail Background published. The comment period on the message, contact us directly by calling In February 2000, we were petitioned proposed rule, draft environmental our office at telephone number 703– to list black carp as an injurious wildlife assessment, and draft economic analysis 358–2148 during normal business species under the Lacey Act (18 U.S.C. is set to close October 31, 2005. hours. Please note that this e-mail 42). On July 30, 2002 (67 FR 49280), we Because of requests received from the address will be closed at the termination published a proposed rule in the public, we are hereby extending the of the public comment period. Federal Register to add all forms comment period until December 16, Authority: 18 U.S.C. 42. (diploid and triploid) of live black carp 2005. As stated in the August 30, 2005, to the list of injurious fish, mollusks, Federal Register document, we are Dated: October 19, 2005. and crustaceans under the Lacey Act. particularly interested in data and Paul Hoffman, The comment period on the proposed comments on alternatively listing the Acting Assistant Secretary for Fish and rule closed on September 30, 2002. On diploid (fertile) form only. Please refer Wildlife and Parks. June 4, 2003 (68 FR 33431), we to that document for further [FR Doc. 05–21440 Filed 10–26–05; 8:45 am] reopened the comment period until information. Comments already BILLING CODE 4310–55–P
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Notices Federal Register Vol. 70, No. 207
Thursday, October 27, 2005
This section of the FEDERAL REGISTER ADDRESSES: Submit nominations and marketing. Of the three open positions, contains documents other than rules or statements of qualifications to Jay B. Two positions are for members who proposed rules that are applicable to the Wilson, Executive Director/CEO, have expertise in finance and public. Notices of hearings and investigations, National Sheep Industry Improvement management and one position is for an committee meetings, agency decisions and Center, USDA, PO Box 23483, active producer of sheep or goats. The rulings, delegations of authority, filing of petitions and applications and agency Washington, DC 20026–3483 if using Board also includes two non-voting statements of organization and functions are the U.S. Postal Service or Room 2117, members, the Under Secretary of examples of documents appearing in this South Agriculture Building, 1400 Agriculture for Rural Development and section. Independence Avenue, SW., the Under Secretary of Agriculture for Washington, DC 20250 if using other Research, Education, and Economics. carriers. The Executive Director serves as the DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Jay CEO. B. Wilson, Executive Director/CEO, The Secretary of Agriculture shall National Sheep Industry Improvement National Sheep Industry Improvement appoint the voting members from the Center; Solicitation of Nominations of Center, USDA, PO Box 23483, submitted nominations. Member’s term Board Members Washington, DC 20026–3483 if using of office shall be three years. Voting members are limited to two terms. The AGENCY: National Sheep Industry the U.S. Postal Service or Room 2117, three positions for which nominees are Improvement Center, USDA. South Agriculture Building, 1400 Independence Avenue, SW., sought are currently held by members ACTION: Notice: Invitation to submit Washington, DC 20250 if using other completing their first term and are all nominations. carriers. Forms and other information eligible for reappointment. The Board shall meet not less than SUMMARY: The National Sheep Industry can be found at http://www.nsiic.org. once each fiscal year, but is likely to Improvement Center announces that it Telephone (202) 690–0632, (This is not meet at least quarterly. Board members is accepting nominations for the Board a toll free number.) Fax 202–720–1053. will not receive compensation for of Directors of the National Sheep SUPPLEMENTARY INFORMATION: The serving on the Board of Directors, but Industry Improvement Center for three National Sheep Industry Improvement shall be reimbursed for travel, voting directors’ positions whose terms Center (NSIIC), or Sheep Center subsistence, and other necessary expire on February 13, 2006. Two (Center), is authorized under 7 U.S.C. expenses. positions are for members who have 2008j. The Center shall (1) promote The statement of qualifications of the expertise in finance and management strategic development activities and individual nominees is being obtained and one position is for an active collaborative efforts by private and State by using Form AD–755, which can be producer of sheep or goats. Board entities to maximize the impact of accessed at www.nsiic.org. The members manage and oversee the Federal assistance to strengthen and requirements of this form are approved Center’s activities. Nominations may enhance production and marketing of under OMB number 0505–0001. only be submitted by National sheep or goat products in the United organizations that consist primarily of States; (2) optimize the use of available Dated: October 21, 2005. active sheep or goat producers in the human capital and resources within the Jay B. Wilson, United States and who have as their sheep or goat industries; (3) provide Executive Director/ CEO, National Sheep primary interest the production of sheep assistance to meet the needs of the Industry Improvement Center. sheep or goat industry for infrastructure or goats in the United States. [FR Doc. 05–21418 Filed 10–26–05; 8:45 am] development, business development, Nominating organizations should BILLING CODE 1351–01–P submit: production, resource development, and market and environmental research; (4) (1) Substantiation that the nominating advance activities that empower and organization is national in scope, DEPARTMENT OF AGRICULTURE build the capacity of the United States (2) The number and percent of sheep or goat industry to design unique members that are active sheep or goat Animal and Plant Health Inspection responses to special needs of the sheep producers, Service or goat industries on both a regional and (3) Substantiation of the primary national basis; and (5) adopt flexible [Docket No. 05–077–1] interests of the organization, and and innovative approaches to solving Notice of Request for Approval of an (4) An Advisory Committee the long-term needs of the United States Membership Background Information Information Collection; National sheep or goat industry. Animal Identification System; form (Form AD–755) for each nominee. The management of NSIIC is vested in This action is taken in accordance Cooperative Agreements for Field a Board of Directors that is appointed Trials and Research Projects with 7 U.S.C. 2008j(f) which establishes by, and reports to the Secretary of the powers and composition of the Agriculture. The Board of Directors is AGENCY: Animal and Plant Health Board of Directors for the National composed of seven voting members of Inspection Service, USDA. Sheep Industry Improvement Center. whom four are active producers of ACTION: New information collection; DATES: Completed nominations must be sheep or goats in the United States, two comment request. received no later than December 12, have expertise in finance and 2005. Nominations received after that management, and one has expertise in SUMMARY: In accordance with the date will not be considered. lamb, wool, goat or goat product Paperwork Reduction Act of 1995, this
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notice announces the Animal and Plant Abstract: The Animal and Plant information collection. These comments Health Inspection Service’s intention to Health Inspection Service (APHIS) of will help us: request approval of a new information the U.S. Department of Agriculture (1) Evaluate whether the collection of collection activity associated with a (USDA) regulates the importation and information is necessary for the proper national animal identification system. interstate movement of animals and performance of the functions of the DATES: We will consider all comments animal products and conducts various Agency, including whether the that we receive on or before December other activities to protect the health of information will have practical utility; 27, 2005. our Nation’s livestock and poultry. (2) Evaluate the accuracy of our Fundamental to controlling any ADDRESSES: You may submit comments estimate of the burden of the collection by either of the following methods: disease threat, foreign or domestic, to of information, including the validity of • Federal eRulemaking Portal: Go to the Nation’s animal resources is to have the methodology and assumptions used; http://www.regulations.gov and, in the a system that can identify individual (3) Enhance the quality, utility, and ‘‘Search for Open Regulations’’ box, animals or groups, the premises where clarity of the information to be select ‘‘Animal and Plant Health they are located, and the date of entry collected; and Inspection Service’’ from the agency to each premises. (4) Minimize the burden of the USDA initiated implementation of a drop-down menu, then click on collection of information on those who national animal identification system ‘‘Submit.’’ In the Docket ID column, are to respond, through use, as (NAIS) in 2004. The goal of the NAIS is select APHIS–2005–0093 to submit or appropriate, of automated, electronic, to be able to identify all animals and view public comments and to view mechanical, and other collection premises that have had contact with a technologies; e.g., permitting electronic supporting and related materials foreign or domestic animal disease of available electronically. After the close submission of responses. concern within 48 hours after discovery. Estimate of burden: The public of the comment period, the docket can As an information system that provides reporting burden for this collection of be viewed using the ‘‘Advanced Search’’ for rapid tracing of infected and exposed information is estimated to average 40 function in Regulations.gov. animals during an outbreak situation, • Postal Mail/Commercial Delivery: hours per response. the NAIS will help limit the scope of Respondents: State and federally Please send four copies of your such outbreaks and ensure that they are recognized tribal governments. comment (an original and three copies) contained and eradicated as quickly as Estimated annual number of to Docket No. 05–077–1, Regulatory possible. USDA’s first priority was to respondents: 35. Analysis and Development, PPD, facilitate premises registration. Estimated annual number of APHIS, Station 3C71, 4700 River Road Producers, nationwide, now have the responses per respondent: 1. Unit 118, Riverdale, MD 20737–1238. opportunity to register their premises. Estimated annual number of Please state that your comment refers to The next step is to register a majority of responses: 35. Docket No. 05–077–1. eligible premises in each State. With the Estimated total annual burden on Reading Room: You may read any foundation of premises identification in respondents: 1,400 hours. (Due to comments that we receive on this place, the identification of individual averaging, the total annual burden hours docket in our reading room. The reading animals and the recording of their may not equal the product of the annual room is located in room 1141 of the premises-to-premises movements can number of responses multiplied by the USDA South Building, 14th Street and occur. reporting burden per response.) Independence Avenue, SW., The 48-hour traceback goal is All responses to this notice will be Washington, DC. Normal reading room contingent upon the completeness of the summarized and included in the request hours are 8 a.m. to 4:30 p.m., Monday animal movement data. Producers, for OMB approval. All comments will through Friday, except holidays. To be market operators, abattoirs, and other also become a matter of public record. sure someone is there to help you, establishments where animals are held please call (202) 690–2817 before Done in Washington, DC, this 21st day of will collect the animal identification October 2005. coming. numbers (AINs) or group lot Other Information: Additional Elizabeth E. Gaston, identification numbers as the animals Acting Administrator, Animal and Plant information about APHIS and its arrive at their premises and submit the programs is available on the Internet at Health Inspection Service. data to the appropriate privately-held [FR Doc. E5–5962 Filed 10–26–05; 8:45 am] http://www.aphis.usda.gov. animal tracking database. The collection BILLING CODE 3410–34–P FOR FURTHER INFORMATION CONTACT: For of complete animal movement information on the national animal information is an important goal for identification system, contact Mr. Neil achieving 48-hour traceback. Hammerschmidt, Animal Identification USDA plans to provide funding to DEPARTMENT OF COMMERCE Coordinator, Surveillance and State and tribal governments to support Identification Programs, VS, APHIS, Membership of the Departmental field trials and research projects that Performance Review Board 4700 River Road Unit 200, Riverdale, address problems or questions MD 20737. For copies of more detailed concerning NAIS implementation. AGENCY: Department of Commerce. information on the information USDA anticipates funding ACTION: Notice of membership on the collection, contact Mrs. Celeste Sickles, approximately 15 projects based on Departmental Performance Review APHIS’ Information Collection applications from State and tribal Board. Coordinator, at (301) 734–7477. governments. SUPPLEMENTARY INFORMATION: We are asking the Office of SUMMARY: In accordance with 5 U.S.C., Title: National Animal Identification Management and Budget (OMB) to 4314(c)(4), Department of Commerce System; Cooperative Agreements for approve our use of these information (DOC) announces the appointment of Field Trials and Research Projects. collection activities for 1 year. persons to serve as members of the OMB Number: 0579–XXXX. The purpose of this notice is to solicit Departmental Performance Review Type of Request: Approval of a new comments from the public (as well as Board (DPRB). The DPRB is responsible information collection. affected agencies) concerning our for reviewing performance appraisals
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and ratings of Senior Executive Service Kathleen A. Kelly, Director, Office of compressed through refrigeration and (SES) members and serves as the higher Satellite Operations, NESDIS. stored under pressure. Sulfur dioxide in level review of executives who report to its gaseous state is excluded from the Technology Administration an appointing authority. The petition. appointment of these members to the Dan Caprio, Deputy Assistant Liquid sulfur dioxide subject to this DPRB will be for a period of 24 months. Secretary for Technology Policy. petition is currently classifiable under subheading 2811.23.00 of the EFFECTIVE DATE: The effective date of National Technical Information Service service of appointee to the Departmental Harmonized Tariff Schedule of the Performance Review Board is upon Ellen Herbst, Director, National United States (‘‘HTSUS’’). While the publication of this notice. Technical Information Service. HTSUS subheading is provided for convenience and Customs purposes, the FOR FURTHER INFORMATION CONTACT: National Institute of Standards and Technology written description of the scope of this Mary King, Director, Office of Executive petition is dispositive. Resources, Office of Human Resources Richard F. Kayser, Director, Management, Office of the Director, Technology Services. Determination of Industry Support for 14th and Constitution Avenue, NW., Kathleen M. Higgins, Director, Office the Petition Washington, D.C. 20230, (202) 482– of Law Enforcement Standards, EEEL. Section 732(b)(1) of the Tariff Act of 3321. Dated: October 19, 2005. 1930, as amended (‘‘the Act’’) requires SUPPLEMENTARY INFORMATION: The Mary King, that a petition be filed by or on behalf of the domestic industry. Section names and position titles of the Director, Office of Executive Resources. members of the DPRB are set forth 732(c)(4)(A) of the Act provides that the [FR Doc. 05–21424 Filed 10–26–05; 8:45 am] below by organization: Department’s industry support BILLING CODE 3510–BS–M determination be based on whether a Department of Commerce; minimum percentage of the relevant Departmental Performance Review industry supports the petition. A Board Membership; 2005–2007 DEPARTMENT OF COMMERCE petition meets this requirement if the Office of the Secretary International Trade Administration domestic producers or workers who support the petition account for: (i) at Fred L. Schwien, Director, Executive [A–122–852] least 25 percent of the total production Secretariat. of the domestic like product; and (ii) Aimee L. Strudwick, Chief of Staff to Notice of Extension of the Deadline for more than 50 percent of the production the Deputy Secretary. Determining the Adequacy of the of the domestic like product produced Antidumping Duty Petition: Liquid Office of General Counsel by that portion of the industry Sulfur Dioxide from Canada expressing support for, or opposition to, Craig S. Burkhardt, Chief Counsel for the petition. Moreover, section Technology Administration. AGENCY: Import Administration, International Trade Administration, 732(c)(4)(D) of the Act provides that, if Chief Financial Officer and Assistant Department of Commerce. the petition does not establish support Secretary for Administration of domestic producers or workers EFFECTIVE DATE: October 27, 2005. accounting for more than 50 percent of William J. Fleming, Deputy Director FOR FURTHER INFORMATION CONTACT: Kate the total production of the domestic like for Human Resources Management. Johnson or Rebecca Trainor, AD/CVD product, the Department shall: (i) poll Bureau of the Census Operations, Import Administration, the industry or rely on other International Trade Administration, information in order to determine if Dr. Hermann Habermann, Deputy U.S. Department of Commerce, 14th Director. there is support for the petition, as Street and Constitution Avenue, NW, required by subparagraph (A), or (ii) if Marvin Raines, Associate Director for Washington, DC 20230; telephone: (202) Field Operations. there is a large number of producers, 482–4929 and (202) 482–4007, determine industry support using a Economics and Statistics respectively. statistically valid sampling method to Administration Initiation of Investigation poll the industry. James K. White, Associate Under The Petition Extension of Time Secretary for Management. Suzette Kern, Chief Financial Officer On September 30, 2005, the Section 732(c)(1)(A)(ii) of the Act and Director for Administration. Department of Commerce provides that within 20 days of the (‘‘Department’’) received an filing of an antidumping duty petition, Economics and Development antidumping duty petition (‘‘Petition’’) the Department will determine, inter Administration filed by Calabrian Corporation alia, whether the petition has been filed Mary Pleffner, Deputy Assistant (‘‘Petitioner’’) on behalf of the domestic by or on behalf of the U.S. industry Secretary for Management. industry producing liquid sulfur producing the domestic like product. dioxide. Section 732(c)(1)(B) of the Act provides National Telecommunications and that the deadline for the initiation Information Administration Scope of the Petition determination can be extended by 20 Kathy D. Smith, Chief Counsel. The product covered by this petition days in any case in which the is technical or commercial grade and Department must ‘‘poll or otherwise National Oceanic and Atmospheric refrigeration grade liquid sulfur dioxide determine support for the petition by Administration of a minimum 99.98 percent assay. the industry . . .’’ Because it is not clear Bonnie Morehouse, Director Program Sulfur dioxide is identified by the from the petition whether the industry Analysis and Evaluation. chemical formula SO2. The CAS No. for support criteria have been met, we have Maureen Wylie, Deputy Chief sulfur dioxide is 7446–09–5. Liquid determined to extend the time for Financial Officer, Director of Budget. sulfur dioxide is pure sulfur dioxide gas initiating an investigation in order to
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poll the domestic industry. On October (Volume 70, Number 173) [Notices] mailed to Keeley Belva, Hawaiian 7, 2005, we issued polling [Page 53347–53348]. Islands Humpback Whale National questionnaires to all known domestic DATES: Applications are due by Marine Sanctuary, 6600 Kalaniana’ole producers of liquid sulfur dioxide November 18, 2005. Highway, Suite 301, Honolulu Hawai’i identified in the petition. On October ADDRESSES: Application kits may be 96825, faxed to (808) 397–2650, or 12, 2005, we sent a letter to the obtained from Michael Murray, Channel returned via e-mail. domestic producers transmitting revised Islands National Marine Sanctuary, 113 FOR FURTHER INFORMATION CONTACT: scope language provided by the Harbor Way, Suite 150, Santa Barbara, Keeley Belva (see above for contact petitioner on October 11, 2005. The CA 93109–2315. Completed information). questionnaires are on file in the Central applications should be sent to the same Authority: 16 U.S.C. Section 1431 et seq. Records Unit in room B–099 of the main address. (Federal Domestic Assistance Catalog Department of Commerce building. We FOR FURTHER INFORMATION CONTACT: Number 11.429 Marine Sanctuary Program) requested that each company complete Jacklyn Kelly, Channel Islands National the polling questionnaire and fax their Marine Sanctuary, 113 Harbor Way, Dated: October 19, 2005. responses to the Department. Suite 150, Santa Barbara, CA 93109– Daniel J. Basta, We will need additional time to 2315, 805–966–7107 extension 371, Director, National Marine Sanctuary Program, analyze the domestic producers’ [email protected]. National Ocean Service, National Oceanic responses to our request for information. and Atmospheric Administration. See the ‘‘Determination of Industry Authority: 16 U.S.C. section 1431, et seq. [FR Doc. 05–21441 Filed 10–26–05; 8:45 am] Support for the Petition’’ section of this (Federal Domestic Assistance Catalog BILLING CODE 3510–NK–M notice, above. Therefore, it is necessary Number 11.429 Marine Sanctuary Program) to extend the deadline determining the Dated: October 19, 2005. adequacy of the petition for a period not Daniel J. Basta, DEPARTMENT OF COMMERCE to exceed 40 days from the filing of the Director, National Marine Sanctuary Program, petition. As a result, the initiation National Ocean Service, National Oceanic National Oceanic and Atmospheric determination is due no later than and Atmospheric Administration. Administration November 9, 2005. [FR Doc. 05–21442 Filed 10–26–05; 8:45 am] Availability of Seats for the Stellwagen International Trade Commission BILLING CODE 3510–NK–M Bank National Marine Sanctuary Notification Advisory Council
Because the Department has extended DEPARTMENT OF COMMERCE AGENCY: National Marine Sanctuary the deadline of the initiation Program (NMSP), National Ocean National Oceanic and Atompsheric determination, the Department will Service (NOS), National Oceanic and Administration contact the International Trade Atmospheric Administration, Commission (‘‘ITC’’) and will make this Availability of Seats for the Hawaiian Department of Commerce (DOC). extension notice available to the ITC. Islands Humpback Whale National ACTION: Notice and request for Dated: October 20, 2005. Marine Sanctuary Advisory Council applications. Joseph A. Spetrini, AGENCY: National Marine Sanctuary SUMMARY: The Stellwagen Bank National Acting Assistant Secretary for Import Program (NMSP), National Ocean Administration. Marine Sanctuary (SBNMS) is seeking Service (NOS), National Oceanic and applicants for the following vacant seats [FR Doc. E5–5965 File 10–26–05;8:45 am] Atmospheric Administration (NOAA), BILLING CODE 3510–DS–S on its Sanctuary Advisory Council Department of Commerce (DOC). (Council): Business and Industry ACTION: Extension of application (Member and Alternate) and Education DEPARTMENT OF COMMERCE deadline. (Alternate). Applicants are chosen based upon their particular expertise and SUMMARY: The Hawaiian Islands National Oceanic and Atmospheric experience in relation to the seat for Administration Humpback Whale National Marine Sanctuary (HIHMWNMS) is extending which they are applying; community and professional affiliations; philosophy Availability of Seats for the Chumash the deadline for applications for both primary and alternate members of the regarding the protection and Community Channel Islands National management of marine resources; and Marine Sanctuary Advisory Council following seats on its Sanctuary Advisory Council (Council): Education, possibly the length of residence in the area affected by the Sanctuary. AGENCY: National Marine Sanctuary Fishing, Hawaii County, Honolulu Applicants who are chosen as members Program (NMSP), National Ocean County, Kauai County, Maui County, should expect to serve 2–3 year terms, Service (NOS), National Oceanic and Native Hawaiian, and Research. The pursuant to the Council’s Charter. Atmospheric Administration, original notice was published on August Department of Commerce (DOC). 10, 2005, (Volume 70, Number 153) DATES: Applications are due by December 15, 2005. ACTION: Extension of the application [Notices] [Page 46492]. deadline for the Chumash Community DATES: Applications are due by ADDRESSES: Application kits may be Seat. November 15, 2005. obtained from the SBNMS Web site: ADDRESSES: Application packets may be http://stellwagen.nos.noaa.gov (under SUMMARY: We are extending the obtained from Keeley Belva (888) 55– management) or Ruthetta Halbower application deadline for the Availability WHALE or via e-mail at: Keeley. 871–545–8026 extension 201 of Seats for the Channel Islands [email protected]. Applications are also [email protected]; SBNMS National Marine Sanctuary Advisory available on line at http:// 175 Edward Foster Road, Scituate, MA Council. The original notice was hawaiihumpbackwhale.noaa.gov. 02066. Completed applications should published on September 08, 2005, Completed applications should be be sent to the same address.
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FOR FURTHER INFORMATION CONTACT: at 8:30 a.m. and on Wednesday and overall total allowable catch (TAC) Nathalie War, SAC Coordinator SBNMS, Thursday, November 16 and 17, levels and trip limits for spiny dogfish. 175 Edward Foster Road, Scituate, MA beginning at 8:30 a.m. Following a review of public and 02066, 781–545–8026 extension 206, ADDRESSES: The meeting will be held at Advisory Panel comments and Herring [email protected]. the Four Points by Sheraton Hotel, 35 Committee recommendations, the SUPPLEMENTARY INFORMATION: The Scudder Avenue, Hyannis, MA 02601; Herring Committee chairman will seek Stellwagen Bank National Marine telephone: (508) 775–7775. approval of a final management Sanctuary Advisory Council was Council address: New England alternative and independent established in March 2001 to assure Fishery Management Council, 50 Water management measures for inclusion in continued public participation in the Street, Mill 2, Newburyport, MA 01950. Amendment 1 to the Herring FMP. Final management of the Sanctuary. Serving FOR FURTHER INFORMATION CONTACT: Paul management alternatives may include a in a volunteer capacity, the Advisory J. Howard, Executive Director, New limited access program for the herring Council’s 21 voting members represent England Fishery Management Council; fishery and a seasonal purse seine/fixed gear-only area in the inshore Gulf of a variety of local user groups, as well as telephone: (978) 465–0492. Maine (GOM). Independent measures the general public, plus seven local, SUPPLEMENTARY INFORMATION: may include a proxy for maximum State and Federal Government sustainable yield, adjustments to the jurisdictions. Since its establishment, Tuesday, November 15, 2005 herring fishery specification process, the Advisory Council has played a vital Following introductions, the Council adjustments to herring management area role in advising the Sanctuary and will receive reports from the Council boundaries, establishment of bycatch NOAA on critical issues and is currently Chairman and Executive Director, the caps for groundfish stocks of concern, focused on the sanctuary’s development NMFS Regional Administrator, measures to address bycatch monitoring of a new 5-year management plan. Northeast Fisheries Science Center and and reporting, changes to the regulatory The Stellwagen Bank National Marine Mid-Atlantic Fishery Management definition of midwater trawl gear and Sanctuary encompasses 842 square Council liaisons, NOAA General other measures. miles of ocean, stretching between Cape Counsel and representatives of the U.S. Ann and Cape Code. Renowned for its Coast Guard, NMFS Enforcement and Thursday, November 17, 2005 scenic beauty and remarkable the Atlantic States Marine Fisheries The morning session will begin with productivity, the sanctuary supports a Commission. The Council will receive a the Habitat Committee’s review of the rich diversity of marine life including report from its Magnuson-Stevens Essential Fish Habitat (EFH) Omnibus marine mammals, more than 30 species Committee which is seeking approval of Amendment topics including a of seabirds, over 100 species of fishes, additional NEFMC positions on bills to summary of the deliberations of the and hundreds of marine invertebrates reauthorize the Magnuson-Stevens Habitat Committee and its Advisory and plants. Fishery Conservation and Management Panel. Following a brief open comment Authority: 16 U.S.C. Section 1431, et seq. Act. The afternoon session will consist period for the public to discuss items of a report from the Groundfish (Federal Domestic Assistance Catalog relevant to Council business, but not Number 11.429 Marine Sanctuary Program) Oversight Committee on the continued otherwise listed on the agenda, the development of management measures Dated: October 20, 2005. Scallop Committee will seek final for Framework Adjustment 42 to the approval of Framework Adjustment 18 Daniel J. Basta Northeast Multispecies Fishery to the Sea Scallop FMP. Alternatives Director, National Marine Sanctuary Program, Management Plan (FMP). The Council include area rotation measures, National Ocean Service, National Oceanic will refine development of alternatives and Atmospheric Administration. specifications for trip and days-at-sea to meet Amendment 13 mortality (DAS) allocations in 2006 and 2007, a [FR Doc. 05–21443 Filed 10–26–05; 8:45 am] objectives based on committee advice. procedure to adjust the Elephant Trunk BILLING CODE 3510–NK–M Also, measures for both commercial and Area in 2007 and open area allocations recreational fishermen may be based on surveys of scallop biomass, an DEPARTMENT OF COMMERCE discussed, including among other increase in the crew limits for measures, modifications to days-at-sea, controlled access area trip exchanges, National Oceanic and Atmospheric gear and possession limits for the broken trip limit exemption program Administration commercial vessels and modifications to and research set aside program. In the bag limits, seasons and closed areas for afternoon session, the Executive [I.D. 102105B] recreational vessels. Final approval of Director will seek approval of Council New England Fishery Management Framework 42 measures will not be priorities of management actions for 2006. Any other outstanding business Council; Public Meeting made until the January 2006 meeting. will be addressed at the end of the day. Wednesday, November 16, 2005 AGENCY: National Marine Fisheries Although other non-emergency issues Service (NMFS), National Oceanic and During the morning session, the not contained in this agenda may come Atmospheric Administration (NOAA), Council will discuss and take action on before this Council for discussion, those Commerce. a request to NMFS for reassignment of issues may not be the subjects of formal ACTION: Notice of a public meeting. the Dogfish/Monkfish FMP action during this meeting. Council responsibilities for dogfish and action will be restricted to those issues SUMMARY: The New England Fishery monkfish. The Spiny Dogfish specifically listed in this notice and any Management Council (Council) will Committee report will follow for issues arising after publication of this hold a 3-day Council meeting on consideration and approval of NEFMC notice that require emergency action November 15–17, 2005, to consider recommendations for spiny dogfish under section 305(c) of the Magnuson- actions affecting New England fisheries fishery specifications for the 2006–07 Stevens Act, provided that the public in the exclusive economic zone (EEZ). fishing year and consideration of multi- has been notified of the Council’s intent DATES: The meeting will be held on year specifications (2006–08). to take final action to address the Tuesday, November 15, 2005 beginning Specifications will likely include emergency.
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Special Accommodations 3. The Committee will be briefed on 13705, Silver Spring, MD 20910; phone This meeting is physically accessible the proposed non-fishing projects that (301)713–2289; fax (301)427–2521; and to people with disabilities. Requests for may adversely effect EFH. Southeast Region, NMFS, 263 13th sign language interpretation or other 4. The Committee may consider other Ave South, St. Petersburg, FL 33701; auxiliary aids should be directed to Paul topics at their discretion. phone (727)824–5312; fax (727)824– Although non-emergency issues not J. Howard (see ADDRESSES) at least 5 5309; contained in this agenda may come days prior to the meeting date. Written comments or requests for a before this group for discussion, those public hearing on this request should be Dated: October 21, 2005. issues may not be the subject of formal submitted to the Chief, Permits, Emily Menashes, action during this meeting. Action will Conservation and Education Division, Acting Director, Office of Sustainable be restricted to those issues specifically F/PR1, Office of Protected Resources, Fisheries, National Marine Fisheries Service. identified in this notice and any issues NMFS, 1315 East-West Highway, Room [FR Doc. E5–5959 Filed 10–26–05; 8:45 am] arising after publication of this notice 13705, Silver Spring, MD 20910. Those BILLING CODE 3510–22–S that require emergency action under individuals requesting a hearing should section 305(c) of the Magnuson-Stevens set forth the specific reasons why a Fishery Conservation and Management hearing on this particular modification DEPARTMENT OF COMMERCE Act, provided the public has been request would be appropriate. notified of the Council’s intent to take Comments may also be submitted by National Oceanic and Atmospheric final action to address the emergency. Administration facsimile at (301)427–2521, provided Special Accommodations the facsimile is confirmed by hard copy submitted by mail and postmarked no [I.D. 102105C] This meeting is physically accessible later than the closing date of the to people with disabilities. Requests for comment period. New England Fishery Management sign language interpretation or other Council; Public Meeting auxiliary aids should be directed to Paul Comments may also be submitted by J. Howard (see ADDRESSES) at least 5 e-mail. The mailbox address for AGENCY: National Marine Fisheries days prior to the meeting date. providing email comments is Service (NMFS), National Oceanic and [email protected]. Include Atmospheric Administration (NOAA), Dated: October 21, 2005. in the subject line of the e-mail Commerce. Emily Menashes, comment the following document ACTION: Notice; committee meeting. Acting Director, Office of Sustainable identifier: File No. 1518. Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: SUMMARY: The New England Fishery [FR Doc. E5–5960 Filed 10–26–05; 8:45 am] Patrick Opay or Kate Swails, (301)713– Management Council’s (Council) BILLING CODE 3510–22–S 2289. Habitat/Marine Protected Area (MPA) Oversight Committee will meet to SUPPLEMENTARY INFORMATION: The consider actions affecting New England DEPARTMENT OF COMMERCE subject modification to Permit No. 1518, fisheries in the exclusive economic zone issued on August 15, 2005 (70 FR (EEZ). National Oceanic and Atmospheric 47813), is requested under the authority Administration of the Endangered Species Act of 1973, DATES: The meeting will be held on Monday, November 14, 2005, from 9:30 [I.D. 101905A] as amended (16 U.S.C. 1531 et seq.) and a.m. to 5 p.m. the regulations governing the taking, Endangered Species; File No. 1518 importing, and exporting of endangered ADDRESSES: The meeting will be held at and threatened species (50 CFR 222– the Holiday Inn, 31 Hampshire Street, AGENCY: National Marine Fisheries 226). Mansfield, MA 02048; telephone: Service (NMFS), National Oceanic and Permit No. 1518 currently authorizes (508)339–2200. Atmospheric Administration (NOAA), the permit holder to study green and Council address: New England Commerce. hawksbill sea turtles. The purpose of the Fishery Management Council, 50 Water ACTION: Notice; receipt of application for research is to identify marine habitat, Street, Mill 2, Newburyport, MA 01950. modification of a scientific research determine distribution and abundance, FOR FURTHER INFORMATION CONTACT: Paul permit. determine sex ratios, evaluate the extent J. Howard, Executive Director, New of ingestion of marine debris, determine England Fishery Management Council; SUMMARY: Notice is hereby given that growth rates and sexual maturity, and telephone: (978)465–0492. Carlos Diez, Departamento de Recursos quantify threats. Mr. Diez will annually SUPPLEMENTARY INFORMATION: The items Naturales y Abmientales de Puerto Rico, capture up to 320 hawksbill and 250 of discussion in the committee’s agenda P.O. Box 9066600, San Juan, Puerto Rico green sea turtles by hand or are as follows: 00906–6600, has requested a entanglement net. All turtles will be 1. The Committee will continue work modification to scientific research measured, weighed, tagged, and blood on elements of the Essential Fish Permit No. 1518. sampled. A subset of animals will be Habitat (EFH) Omnibus Amendment 2 DATES: Written, telefaxed, or e-mail lavaged and have transmitters attached including, but not limited to, comments must be received on or before to them. One leatherback sea turtle consideration of Advisory Panel gear November 28, 2005. could be incidentally captured during descriptions; review and refinement of ADDRESSES: The modification request the course of the studies but would be EFH designations; consideration of and related documents are available for released alive. The permit is issued for Habitat Areas of Particular Concern and review upon written request or by 5 years. The permit holder requests a review and consideration of comments appointment in the following office(s): modification to the permit that would received on modified notice of intent. Permits, Conservation and Education allow skin biopsy of 190 green and 2. The Committee may review the Division, Office of Protected Resources, hawksbill sea turtles. A subset of 10 Ecosystem Workshop results. NMFS, 1315 East-West Highway, Room green turtles would undergo
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fibropapillomatosis tumor removal Program Manager by phone: 301–427– integrity. Specific VMS programs are surgery and subsequent rehabilitation. 2300 or by fax: 301–427–2055. created to support particular NMFS In the case that a turtle has evidence SUPPLEMENTARY INFORMATION: This rules requiring the use of VMS, which of severe internal tumors, the turtle notice supersedes all previous notices typically are designed to manage or would be euthanized. The applicant on MTU type approval requirements. protect fish and other marine species does not expect that more than 2 turtles Previously installed MTU approved within designated areas. would require euthanasia. The goal of under prior notices will continue to be Process the additional research would be to approved for the remainder of their create baseline parameters of health service life. New installations of a Based on a request for type approval assessments, determine groups’ previously approved MTU occurring from an MTU supplier and certification heterogenity and dispersal, and provide 120 days or more after the publication of certain minimal standards, OLE will insight into the pathogenesis of the date of this notice must comply with all conduct a thorough evaluation and then disease in the wild through the use of of the requirements herein. All new issue a statement accepting or denying long-term capture and release surveys. requests for type approval must comply the type approval of the particular MTU. with all of the requirements herein. An MTU must meet the minimal Dated: October 20, 2005. national VMS standards, as required by Stephen L. Leathery, Background this directive, and the requirements of Chief, Permits, Conservation and Education The Department of Commerce, the specific fisheries for which approval Division, Office of Protected Resources, National Oceanic and Atmospheric is sought. MTU supplier requestors are National Marine Fisheries Service. Administration, National Marine encouraged to review the national VMS [FR Doc. 05–21487 Filed 10–26–05; 8:45 am] Fisheries Service, Office for Law standards and NMFS rules requiring the BILLING CODE 3510–22–S Enforcement (OLE) maintains MTU use of VMS prior to submitting a request specification requirements as an OLE for approval. Upon successful National Directive. This notice sets demonstration of compliance with the DEPARTMENT OF COMMERCE prerequisite standards for the purpose of requirements set forth in this directive, OLE will issue an MTU type approval National Oceanic and Atmospheric type approval that must be met by an within a particular communications Administration MTU and any associated software before it is authorized for use in the NOAA Class applicable to one or more VMS [I.D. 082605B] VMS program. Vessels participating in operations targeting particular NMFS VMS programs must acquire an OLE- rules requiring the use of VMS. OLE Vessel Monitoring Systems (VMS); approved MTU to comply with the will maintain a current list of type Specification of Requirements for specific VMS standards set forth in approved MTU(s). OLE will forward Mobile Transmitting Unit Type NMFS rules requiring the use of VMS. lists of type approved MTU(s) to the Approval The MTU is a transceiver or respective regional Fisheries AGENCY: National Marine Fisheries communications device, including Management Council(s), post the Service (NMFS), National Oceanic and antennae, installed on fishing vessels information on the OLE website and Atmospheric Administration (NOAA), participating in the VMS requirement. provide it by fax upon request. OLE approval will not necessarily Commerce. The MTU allows OLE to determine the geographic position of the vessel during result in NMFS procurement of the ACTION: Revision of type approval MTU. Instead, OLE will request the requirements for mobile transmitting specified intervals or events. In addition, it enables mobile MTU supplier to provide a fact sheet to units. communications services between OLE provide information to the fishing SUMMARY: This document provides and the vessel when using an OLE- industry. This fact sheet will allow notice of type approval requirements for accepted Mobile Communication fishermen to make purchase decisions Mobile Transmitting Units (MTU) to be Service Provider (MCSP). (Note: that are compatible with the VMS authorized for use on any vessel Standards for the MCSP are written in standards and their individual needs. participating in the NOAA Vessel the complementary directive titled Purchasing strategies are determined on Monitoring System (VMS ) program. Mobile Communication Service a per rule implementation basis. Vessels participating in VMS programs Provider Specification of Requirements.) Initiation must acquire an OLE - approved MTU Goal OLE will initiate the MTU type to comply with VMS standards set forth approval process upon written request in NMFS rules requiring the use of OLE seeks to deploy an ‘‘open from the supplier, subject to the VMS. system,’’ whereby the fishing industry participants may select from a variety of demonstration of compliance with this ADDRESSES: To obtain copies of the list suppliers that qualify and have been directive and the availability of test of NOAA-approved VMS MTU and approved to participate in VMS units. The requestor for type approval, VMS communications service providers, programs. Fishermen must comply with may include the manufacturer, or an or to obtain information regarding the their Federal fishery regulations OEM/labeler, distributor, and/or reseller status of VMS systems being evaluated regarding VMS and therefore may be acting as a representative of the by NOAA, write to NOAA Fisheries, cited for a violation and held manufacturer. The evaluation may Office for Law Enforcement (OLE), 8484 accountable for monitoring anomalies include consideration if that MTU has Georgia Avenue, Suite 415, Silver not attributable to faults in the MCSP or already passed a comparable type Spring, MD 20910. MTU. Therefore, type approval is approval process to qualify for use in a FOR FURTHER INFORMATION CONTACT: For essential to establish and maintain foreign fisheries management effort. If current listing information contact Mark uniformly high system integrity. By this applicable, the supplier should provide Oswell, Outreach Specialist, or for directive, OLE seeks to approve reliable, the MTU’s identifying characteristics, questions regarding VMS installation robust, and secure MTU products and the details of foreign VMS requirement and status of evaluations contact thereby create and maintain a VMS specifications, the MTU’s level of Jonathan Pinkerton, National VMS meeting the requirement of high compliance with them, and appropriate
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contact details of the approving Commerce; National Oceanic and violations and held accountable for authorities. OLE also will consider Atmospheric Administration; National monitoring anomalies not attributable to approving an MTU OEM (original Marine Fisheries Service; Office for Law faults in the MCSP or MTU. equipment manufacturer) model built Enforcement; Attention: Vessel Requestor from an equivalent MTU that already Monitoring System Program; 8484 has received OLE type approval under Georgia Ave. Suite 415; Silver Spring, Requestors must respond to each of this directive. MD 20910 USA; voice 301–427–2300; the items listed in sections 1 through 6 fax 301–427–2055. of this document. The response should Interoperability indicate how the requestor complies A supplier of an MTU seeking type Litigation Support with the requirement referred to in the approval within a particular Due to the use of VMS for law item. Items that the requestor does not communications Class for VMS shall enforcement, all technical aspects of a currently comply with must be demonstrate that it meets the standards supplier’s submission are subject to responded to by explaining how the when using at least one qualified MCSP being admitted as evidence in a court of requestor will comply with the within that same Class. The standards in law, if needed. The reliability of all requirement prior to approval. this directive are intended to ensure that technologies utilized in the MTU may type approval for a particular MTU will be analyzed in court for, inter alia, Section 1. Identifiers permit its interoperability with all testing procedures, error rates, peer 1. 1. Specify the identifying qualified MCSPs within its same Class. review, and general industry characteristics of the MTU: A Class refers to the medium, protocol, acceptance. Further, the supplier may 1.1.1. Communications Class. and frequency of the mobile be required to provide technical and 1.1.2. Manufacturer. communications technology. Some expert support for a litigation to support 1.1.3. Brand Name. examples of existing Classes include the MTU capabilities to establish OLE’s 1.1.4. Model Name. Inmarsat-C and Qualcomm/OmniTracs. case against violators. If the 1.1.5. Model Number. To best promote interoperability within technologies have previously been 1.1.6. Software Version Number and a Class, MTU and MCSP acceptance subject to such scrutiny in a court of Date. standards are outlined in separate law, the supplier should describe the 1.1.7. Firmware Version Number and directives. However, concurrent with evidence and any court finding on the Date. the approval process for an MTU, the reliability of the technology. 1.1.8. Hardware Version Number and approval for a same-class MCSP must be Additionally, to maintain the integrity Date. either in place or pending. Data received of VMS for fisheries management, the 1.1.9. Antenna Type. by OLE from the MTU via an approved supplier will be required to sign a non- 1.1.10. Antenna Model Number and MCSP must be in a format compatible disclosure agreement limiting the Date. 1.1.11. MCSP Providing with OLE tracking software. release of certain information that might Communications Services. compromise the effectiveness of the Submission 1.2. For the following responsibilities, VMS operations, such as details of anti- name the business entities who act on A supplier of an MTU requesting type tampering safeguards. The supplier behalf of the manufacturer and supplier approval shall begin by certifying that shall include a statement confirming its applying for type approval. Include the the MTU meets the minimum national agreement with these conditions. VMS standards as required by this address, phone, contacts, email, and directive. Suppliers must describe in Change Control designated geographic territory where detail the extent to which its MTU Once an MTU is approved, it is the applicable. complies with each of the requirements supplier’s responsibility to notify OLE 1.2.1. Manufacturer. for the VMS rule implementation of of any substantive change in the original 1.2.2. Label or use MTU for an OEM. interest as stated within this directive. submission, such as changes to This includes re-labeling OEM MTUs or The supplier, or requestor for type firmware versions, and customer reselling. Reselling includes value- approval, must provide OLE with two support contacts. OLE reserves the right added reselling. The MTU that is type MTUs for each fishery for which to reconsider and revoke the MTU approved is the final, value-added application is made for a 90-day test and approval if as a result of a change to the product and not the original approval period. The supplier must also MTU or VMS requirement the unit no manufacturer’s MTU, if enhancements provide thorough MTU documentation, longer satisfies the requirement. or modifications have been made. For including fact sheets, installation Any modification to the functionality example, if a transceiver is contained guides, operator manuals, user of an approved MTU including but not within an enclosure, it is the new handbooks, the applicable interfacing limited to firmware, software, services, enclosure including the transceiver that software, and technical support. OLE or passwords unless expressly is being type approved. authorized by NMFS OLE will 1.2.3. Distribute. shall review the submissions against the 1.2.4. Sell. invalidate the type approval of the unit criteria of this directive. Next, OLE shall 1.2.5. Bench configures the MTU at and render it out of compliance with perform field test and sea trials. For this, the warehouse or point of supply. OLE will coordinate test conditions NMFS rules requiring the use of VMS. 1.2.6. Install MTU onboard the vessel. with volunteer and/or contract fishing Any addition, deletion or change of the 1.2.7. Offer limited warranty. vessels. These tests may involve firmware, software, services, or 1.2.8. Offer maintenance and service demonstrating every aspect of MTU passwords of an MTU unless expressly agreement. operation, including installation of a authorized by NMFS OLE will also 1.2.9. Repair. registered MTU, location tracking, invalidate the type approval of the unit 1.2.10. Train. messaging, and maintenance and render it out of compliance with 1.2.11. Advertise. procedures. NMFS rules requiring the use of VMS. Submit requests for type approval, Fishermen that are determined to be out Section 2. Messaging along with hard and soft copies of of compliance with Federal Fisheries The MTU must provide the following support material to: U.S. Department of VMS regulations may be cited for messaging functionality:
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2.1. Transmit mandatory, positions must be either transferred to 4.1.2. User interface must support an automatically generated position local storage media or transmitted via ’address book’ capability and a function reports. MCSP. (This requirement is waived for permitting a ‘‘reply’’ to a received 2.2. Onboard visible or audible alarms any MTU that was approved and message without re-entry of the senders for malfunctioning of the MTU. purchased under previously published e-mail address. 2.3. Ability to disable non-essential directives.) 4.1.3. A confirmation of delivery alarms in non-Global Maritime Distress 3.2.3. Allow for variable reporting function is required such that a user can and Safety System (GMDSS) intervals between 5 minutes and 24 ascertain whether a specific message installations. hours. was successfully transmitted via the 2.4. Ability to provide comprehensive 3.2.4. MTU must be able to change satellite system to the MCSP and transparent communications, which reporting intervals remotely, and only e-mail server(s). function uniformly within the entire by authorized users. 4.1.4. Onward delivery to NMFS must geographic coverage area for that 3.3. An MTU must be able to transmit be reliable and make use of features communications class. automatically generated position such as SMTP retries and delivery 2.5. Two-way communications reports, which contain the following: confirmation to ensure a reliable between MCSP and MTU. 3.3.1. Unique identification of an transport path exists for text messages 2.6. The ability to send and receive MTU within the communications class. sent from the vessel to NMFS. free-form Internet email text messages. 3.3.2. Date (year/month/day with 4.1.5. The user interface must provide century in the year) and time (GMT) the ability to review by date order, or by Section 3. Position Data Formats and stamp of the position fix. recipient, messages that were previously Transmission 3.4. In addition to automatically sent. The terminal must support a 3.1. The MTU must provide position generated position reports, specially minimum message history of 20 information as required by the identified position reports shall be messages - commonly referred to as an applicable VMS rule in addition to: generated upon: ’Outbox’ or ’Sent’ messages display. 3.1.1. Position fixes latitude and 3.4.1. Antenna disconnection 4.1.6. Text messaging from shore to longitude, including the hemisphere of 3.4.2. Loss of the positioning vessel with a minimum supported each. reference signals. message length of 1kb. 3.1.2. The position fix precision must 3.4.3.Loss of the mobile Attachment support is not required. be to the decimal minute hundredths. communications signals. 4.1.7. The user interface must provide 3.1.3. Accuracy of the reported 3.4.4. Security events, power-up, the ability to review by date order, or by position must be within 100 meters, power-down, and other status data. sender, all messages received. The unless otherwise indicated by an 3.4.5. The vessel crossing a pre- terminal must support a minimum existing regulation or VMS requirement. defined geographic boundary. message history of 20 messages - 3.1.4. Communications between MTU 3.4.6. MTU status information such as commonly referred to as an ’Inbox’. and MCSP must be secure from configuration of programming and 4.1.8. Negative delivery notifications tampering or interception, including the reporting intervals. must be sent to the originator where reading of passwords and data. 3.4.7. When an MTU is powered up, delivery to the terminal could not be Therefore, the MTU must have it must automatically re-establish its completed for any reason. Such Non mechanisms to prevent to the extent position reporting function without Delivery Notification must include possible: manual intervention. sufficient information to uniquely 3.1.4.1. Interception and ‘‘sniffing’’ identify the message that failed and the Section 4. Enhanced Vessel Monitoring during transmission from the MTU to cause of failure (i.e., mobile number System Terminals MCSP via either wireless or terrestrial invalid, mobile switched off etc.). facilities. In addition to the VMS requirements 4.2. Electronic Forms 3.1.4.2. Spoofing, whereby one MTU defined in prior sections of this Type Pre-formatted messages are required is fraudulently identifying itself as Approval Specification; certain fisheries for the collection of validated data for another MTU. require support for two way e-mail and specific fisheries programs (i.e., 3.1.4.3. Modification of MTU forms capabilities onboard the vessel. declaration systems, catch effort identification. Such VMS equipment is defined as an reporting). This capability is referred to 3.1.4.4. Interference with GMDSS or ‘‘Enhanced MTU,’’ or E-MTU. Before as Electronic Forms. The E-MTU must other safety/distress functions. submission of equipment for testing as support a minimum of 20 Forms, 3.1.4.5. Introduction of viruses that an E-MTU, the equipment must pass all selectable by the user from a menu. may corrupt the messages, transmission, type approval tests as a standard MTU Forms must be updatable over the air. or the VMS system. configuration. Then, compliance with Copies of forms currently used by 3.2. MTU shall provide the ability to the functions and features defined in NMFS are available upon request. From meet minimum reporting requirements Section 4 will be tested. VMS time to time NMFS will provide all E- and intervals as required for specific Equipment that passes these additional MTU approved vendors with updates NMFS rules requiring the use of VMS. tests will be Type Approved for use as defining new forms or modifying 3.2.1. Provide automatically generated both an MTU (position reporting only) existing forms. Such notice will be at position reporting, for vessels managed and an E-MTU (position, text and forms- least 60 (sixty) days prior to the individually or grouped by fleet, such based reporting). The terminal may use introduction date for the new or that OLE automatically receives position protocols other than SMTP but changed form. Vendors will be reports at defined intervals transparent translation to SMTP, and support for the responsible for translating the to the geographic region. SMTP (Internet) addressing scheme is requirements into E-MTU specific forms 3.2.2. Have the ability to store 100 required. definitions and transmitting the same to position fixes in local, non-volatile 4.1. Text messaging all VMS terminals supplied to fishing memory when the MTU is either unable 4.1.1. Text messaging from vessel to vessels. All forms software provided to transmit or OLE configured the MTU shore with a minimum supported with the E-MTU must be capable of to a ‘‘store and retrieve’’ mode. These message length of 1kb. supporting the requirements described
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in this specification. Additional center. In the case of a transmission Section 6. Other Information capabilities beyond those stated here are failure, the user must be provided with 6.1. The MTU must have the acceptable, provided that the minimum details of the cause and have the durability and reliability necessary to requirements are satisfied. opportunity to retry the form provide acceptable service in a marine 4.2.1. A form is defined as: (a) 1–40 submission. environment where the unit may be characters describing the form, (b) 4.2.6. Inclusion of VMS Position subjected to saltwater (spray) in smaller Delivery address (i.e., e-mail or other Report: In addition to the manually vessels, and in larger vessels where the network identifier), (c) Form number as entered fields, the forms package must unit may be maintained in a defined by NMFS to uniquely identify permit the inclusion of VMS position wheelhouse. The unit, cabling and the form, (d) Form version number report fields such as latitude, longitude, antenna must be resistant to moisture (numeric with one decimal place; i.e., date and time. Such fields must be and shock associate with the marine 1.2), and (e) a collection of 1–30 fields obtained from the GPS function of the environments. and associated logic rules. MTU and transmitted along with the 6.2. The MTU must comply with any 4.2.2. Each field (within a form) is manually entered form data within the defined by the following elements. additional requirements specified in the same transaction. regulations for the VMS implementation Except where noted, all elements of the 4.2.7. Delivery Format for Form Data: field definition are mandatory: (a) Label for which application is made. The It is preferred that form data be requestor must review the applicable (0 to 40 characters, alpha numeric), (b) transferred from the terminal to NMFS Context Help Text (0 to 200 characters, NMFS rules requiring the use of VMS using the same transport as for either and respond here to any specific alpha numeric), (c)Type (Either; text messages or VMS position reports enumeration, numeric, alpha, requirements listed therein. (the selected option to be at the election 6.3. All personally identifying alphanumeric or Boolean), (d) Default of the E-MTU vendor). Currently Value, (e) Optional/Mandatory/Hidden/ information provided by vessels owners supported protocols for transfer are; or other authorized personnel for the Logic indicator, (f) Min/Max values (for FTP, SMTP, XML and HTTP Post. The numeric fields only) in range 0.000 to purchase or activation of MTU or E- field coding within the data must follow 999,999, (g) Decimal places (for numeric MTU, or for the participation in any either CSV or XML formatting rules. For fields only) 0–3, and (h) Min/Max NMFS VMS-approved fishery must be CSV format the form must contain an characters (for alpha/alphanumeric protected from unauthorized disclosure. identifier and the version number, and fields only). Personally identifying information 4.2.3. Up to 100 code/value/help text then the fields in the order defined on includes, but is not limited to, names, pairs (enumerations only) must be the form. In the CSV format strings that addresses, telephone numbers, social provided, where codes are defined as 1– may contain ’’,’’ (comma) characters security account numbers, credit card 20 alphanumeric characters, values are must be quoted. XML representations numbers, vessel names, federal, state, 1–80 alphanumeric characters and help must use the field label to define the and local documentation numbers, e- text is 0–200 characters. Such fields are XML element that contains each field mail addresses, and crew lists. Any typically used to permit a user to select value. information sent electronically to the from a range of options (i.e., geographic Section 5. Customer Service OLE must be transmitted by a secure areas, gear types, fish species). Codes means that prevents interception, are used to compress the form data for The MTU supplier or its designated spoofing, or viewing by unauthorized efficient transmission. Help text would entities shall provide customer service individuals. Any release of such typically be displayed only when the that is professional, courteous, and information must be requested and user selects a specific value from the responsive. It should provide MTU approved in writing by the vessel owner enumeration. diagnostic and troubleshooting support or authorized personnel, or the OLE. 4.2.4. Form Validation: Each field to OLE and the fishermen. No services Inadvertent or intentional unauthorized must be defined as; Optional, shall be billed to any NOAA or OLE release of personally identifying Mandatory or Logic Driven. Mandatory office without being specifically information will be grounds for fields must be entered by the user before contracted for in writing by an reconsideration and possible revocation the form is complete, optional fields authorized entity. Services shall of the type approval for any MTU or E- that do not require data entry, and logic include: MTU supplied by the offending driven fields have their attributes 5.1. Service level, warranty, and provider. maintenance agreements. Clarify determined by earlier form selections. Dated: October 24, 2005. constraints, if any, on the geographic Specifically; it must be possible for William T. Hogarth, selection of an enumeration to change territory, personnel availability, and escalation procedures for problem Assistant Administrator for Fisheries, the optional/mandatory setting, min/ National Marine Fisheries Service. max values, or the permitted resolution covered by such services. [FR Doc. 05–21486 Filed 10–26–05; 8:45 am] enumeration values on a later field 5.2. Facilities and procedures in place within the same form. to assist the fisherman in maintaining BILLING CODE 3510–22–S 4.2.5. State Information: The and repairing their MTU, including capability to populate a form based on response and general system turn the last values used must be available. around time. ELECTION ASSISTANCE COMMISSION This provides the user with an easy 5.3. Help in the determination and Publication of State Plan Pursuant to mechanism to ’modify’ or ’update’ a isolation of the cause of the Help America Vote Act prior submission - without unnecessary communications anomalies. re-entry of data. The user must be able 5.4. Assist in the resolution of AGENCY: Election Assistance to review a minimum of 20 past form communications anomalies that are Commission (EAC). submissions and ascertain for each form traced to the MTU. ACTION: Notice. when the form was transmitted and 5.5. All services will be considered to whether delivery was successfully be free of charge unless specifically SUMMARY: Pursuant to sections completed to the vendor’s processing listed in service or purchase agreements. 254(a)(11)(A) and 255(b) of the Help
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America Vote Act (HAVA), Public Law sections 254(a)(11)(A) and 255 require the Election Assistance Commission in 107–252, the U.S. Election Assistance EAC to publish such updates. order for the State to receive a Commission (EAC) hereby causes to be The submission from Delaware requirements payment under HAVA published in the Federal Register addresses material changes in the Title II, Subtitle D. material changes to the HAVA State administration of the previously EAC notes that the plan published plan previously submitted by Delaware. submitted State plan and, in accordance herein has already met the notice and DATES: This notice is effective upon with HAVA section 254(a)(12), provides comment requirements of HAVA section publication in the Federal Register. information on how the State succeeded 256, as required by HAVA section in carrying out the previous State plan. 254(a)(11)(B). EAC wishes to FOR FURTHER INFORMATION CONTACT: The current submission from Delaware Bryan Whitener, Telephone 202–566– acknowledge the effort that went into addresses a material change to the revising the State plan and encourages 3100 or 1–866–747–1471 (toll-free). budget of the previously submitted State Submit Comments: Any comments further public comment, in writing, to plan to address how the State will the State election official listed below. regarding the plan published herewith utilize the fiscal year 2004 requirements should be made in writing to the chief payments made in accordance with Chief State Election Officials election official of the individual State HAVA section 251. Delaware at the address listed below. Upon the expiration of thirty days SUPPLEMENTARY INFORMATION: On March from October 27, 2005, Delaware will be Mr. Frank Calio, State Election 24, 2004, the U.S. Election Assistance eligible to implement the material Commissioner, 111 S. West Street, Suite Commission published in the Federal changes addressed in the plan that is 10, Dover, DE 19904, Phone: 302–739– Register the original HAVA State plans published herein, in accordance with 4277, Fax: 302–739–6794, e-mail: filed by the fifty States, the District of HAVA section 254(a)(11)(C). At that [email protected]. Columbia and the Territories of time, in accordance with HAVA section Thank you for your interest in American Samoa, Guam, Puerto Rico, 253(d), Delaware may file a statement of improving the voting process in and the U.S. Virgin Islands. 69 FR certification to obtain a fiscal year 2004 America. 14002. HAVA anticipated that States, requirements payment. This statement Territories and the District of Columbia of certification must confirm that the Dated: October 21, 2005. would change or update their plans State is in compliance with all of the Gracia M. Hillman, from time to time pursuant to HAVA requirements referred to in HAVA Chair, Election Assistance Commission. section 254(a)(11) through (13). HAVA section 253(b) and must be provided to BILLING CODE 6820–KF–P
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[FR Doc. 05–21421 Filed 10–26–05; 8:45 am] BILLING CODE 6820–KF–C
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DEPARTMENT OF ENERGY Filed Date: October 14, 2005. of the cancellation of ISO rate Schedule Accession Number: 20051017–0225. No. 57, the Operating Agreement with Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Modesto Irrigation District. Commission on Friday, November 4, 2005. Filed Date: October 14, 2005. Docket Numbers: ER06–34–000. Combined Notice of Filings #1 Accession Number: 20051018–0006. Applicants: Pacific Gas & Electric Comment Date: 5 p.m. Eastern Time October 21, 2005. Company. on Friday, November 4, 2005. Take notice that the Commission Description: Pacific Gas and Electric Docket Numbers: ER06–41–000. received the following electric rate Co. submits its compliance filings filings. involving changes to the Annual Applicants: California Independent Docket Numbers: ER03–836–007. Transmission Revenue Balancing System Operator Corporation. Applicants: New York Independent Account Adjustment and the Reliability Description: California Independent System Operator, Inc. Services rates. System Operator Corp. notifies FERC of Description: New York Independent Filed Date: October 14, 2005. the cancellation of ISO Rate Schedule System Operator, Inc. submits a Accession Number: 20051017–0179. FERC No. 55. compliance filing pursuant to Comment Date: 5 p.m. Eastern Time Filed Date: October 14, 2005. on Friday, November 4, 2005. Commission’s March 15, 2005 Order. Accession Number: 20051018–0005. Docket Numbers: ER06–36–000. Filed Date: October 14, 2005. Comment Date: 5 p.m. Eastern Time Accession Number: 20051014–5151. Applicants: Westar Energy, Inc. on Friday, November 4, 2005. Comment Date: 5 p.m. Eastern Time Description: Westar Energy, Inc. on on Friday, November 4, 2005. behalf of Kansas Gas & Electric Co. Docket Numbers: ER06–42–000. Docket Numbers: ER04–1003–005; submits a notice of termination of Applicants: California Independent ER04–1007–005. Supplement No. 5, Service Schedule B, System Operator Corporation. Applicants: American Electric Power to FERC Electric Rate Schedule No.183. Description: California Independent Service Corporation. Filed Date: October 14, 2005. System Operator Corp. submits an Description: American Electric Power Accession Number: 20051018–0007. amendment to the amended and Service Corp, on behalf of AEP Comment Date: 5 p.m. Eastern Time restated Metered Subsystem Aggregator Operating Companies amends its filing on Friday, November 4, 2005. Agreement with Northern California and submits a revised Attachment T to Docket Numbers: ER06–37–000. Power Agency. their Open Access Transmission Tariff, Applicants: Westar Energy, Inc. Filed Date: October 14, 2005. Description: Westar Energy Inc, FERC Electric Tariff, Third Revised Accession Number: 20051018–0234. Volume No. 6. formerly Western Resources Inc. Filed Date: October 14, 2005. submits a notice of termination of Comment Date: 5 p.m. Eastern Time Accession Number: 20051018–0021. Second Revised FERC Electric Rate on Friday, November 4, 2005. Comment Date: 5 p.m. Eastern Time Schedule No. 264. Docket Numbers: ER96–719–008; on Friday, November 4, 2005. Filed Date: October 14, 2005. ER99–2156–006. Docket Numbers: ER05–1018–002. Accession Number: 20051018–0008. Applicants: MidAmerican Energy Applicants: Midwest Independent Comment Date: 5 p.m. Eastern Time Company; Cordova Energy Company, Transmission System Operator, Inc. on Friday, November 4, 2005. LLC. Description: Midwest Independent Docket Numbers: ER06–38–000. Description: MidAmerican Energy Co. Transmission System Operator Inc Applicants: Xcel Energy Services, Inc. and Cordova Energy Co., LLC submits a submits an errata to its September 13, Description: Xcel Energy Services Inc notice of change in status regarding the 2005 compliance filing of large submits for filing Connection ownership of certain generating generator interconnection agreement. Agreements between Northern States facilities. Filed Date: October 14, 2005. Power Co. & Great Rivers Energy for Filed Date: October 14, 2005. Accession Number: 20051018–0010. Great River Energy’s Yankee Doodle & Comment Date: 5 p.m. Eastern Time Lake Constance Substations. Accession Number: 20051018–0023. on Friday, November 4, 2005. Filed Date: October 14, 2005. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER05–410–003. Accession Number: 20051019–0005. on Friday, November 4, 2005. Applicants: Southern California Comment Date: 5 p.m. Eastern Time Any person desiring to intervene or to Edison Company. on Friday, November 4, 2005. protest in any of the above proceedings Description: Southern California Docket Numbers: ER06–39–000. must file in accordance with Rules 211 Edison Co. submits the monthly refunds Applicants: California Independent and 214 of the Commission’s Rules of to Arizona Electric Power Cooperative, System Operator Corporation. Practice and Procedure (18 CFR 385.211 Inc., the City of Colton, Southern Calif. Description: California Independent and 385.214) on or before 5 p.m. Eastern Water Project, and the Calif. Dept. of System Operator Corp. submits a time on the specified comment date. It Water Resources, State Water Project. Metered Subsystem Agreement with the is not necessary to separately intervene Filed Date: October 14, 2005. City of Anaheim, California pursuant to again in a subdocket related to a Accession Number: 20051018–0019. section 205 of the Federal Power Act. compliance filing if you have previously Comment Date: 5 p.m. Eastern Time Filed Date: October 14, 2005. intervened in the same docket. Protests on Friday, November 4, 2005. Accession Number: 20051018–0242. will be considered by the Commission Docket Numbers: ER05–666–005. Comment Date: 5 p.m. Eastern Time in determining the appropriate action to Applicants: Southwest Power Pool, on Friday, November 4, 2005. be taken, but will not serve to make Inc. Docket Numbers: ER06–40–000. protestants parties to the proceeding. Description: Southwest Power Pool, Applicants: California Independent Anyone filing a motion to intervene or Inc submits an errata to the August 22, System Operator Corporation. protest must serve a copy of that 2005 filing submitted in compliance Description: California Independent document on the Applicant. In reference with FERC’s July 21, 2005 Order. System Operator Corp. provides notice to filings initiating a new proceeding,
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interventions or protests submitted on Comment Date: 5 p.m. Eastern Time Docket Numbers: ER05–662–002. or before the comment deadline need on Monday, November 7, 2005. Applicants: Midwest Independent not be served on persons other and the Docket Numbers: ER04–691–064; Transmission System Operator, Inc. Applicant. EL04–104–061. Description: Midwest Independent The Commission encourages Applicants: Midwest Independent Transmission System Operator, Inc. electronic submission of protests and Transmission System Operator, Inc. submits its Large Generator interventions in lieu of paper, using the Description: Midwest Independent Interconnection Agreement with FERC Online links at http:// Transmission System Operator, Inc Darlington Wind Farm, LLC, Midwest www.ferc.gov. To facilitate electronic submits proposed revisions to section ISO, and American Transmission service, persons with Internet access 10 of its Open Access Transmission and Company LLC. who will eFile a document and/or be Energy Markets Tariff, FERC Electric Filed Date: October 17, 2005. listed as a contact for an intervenor Tariff, Third Revised Volume No. 1. Accession Number: 20051019–0020. must create and validate an Filed Date: October 17, 2005. Comment Date: 5 p.m. Eastern Time eRegistration account using the Accession Number: 20051018–0015. on Monday, November 7, 2005. eRegistration link. Select the eFiling Comment Date: 5 p.m. Eastern Time Docket Numbers: ER05–864–001. link to log on and submit the on Monday, November 7, 2005. Applicants: Midwest Independent intervention or protests. Docket Numbers: ER05–1422–002. Transmission System Operator, Inc. Persons unable to file electronically Applicants: Calpine Merchant Description: Midwest Independent should submit an original and 14 copies Services Company, Inc. Transmission System Operator, Inc. of the intervention or protest to the Description: Calpine Merchant submits its the Large Generator Federal Energy Regulatory Commission, Services Co., Inc. files an amendment to Interconnection Agreement among 888 First St. NE., Washington, DC the Notice of Succession filed on Forward Energy LLC, Midwest ISO, and 20426. September 1, 2005. American Transmission Co. LLC. The filings in the above proceedings Filed Date: October 17, 2005. Filed Date: October 17, 2005. are accessible in the Commission’s Accession Number: 20051018–0011. Accession Number: 20051019–0019. eLibrary system by clicking on the Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time appropriate link in the above list. They on Monday, November 7, 2005. on Monday, November 7, 2005. are also available for review in the Docket Numbers: ER05–215–005. Docket Numbers: ER06–31–000. Commission’s Public Reference Room in Applicants: Midwest Independent Applicants: Cleco Power LLC. Washington, DC. There is an Transmission System Operator, Inc. Description: Cleco Power LLC’s notice eSubscription link on the Web site that Description: Midwest Independent of cancellation of the interchange & unit enables subscribers to receive e-mail Transmission System Operator, Inc. contingent capacity & associated energy notification when a document is added submits the Second Revised Sheets Nos. agreement with Noram Energy Services. to a subscribed dockets(s). For 84, 94 and 96 through 98 of the Large Filed Date: October 12, 2005. assistance with any FERC Online Generator Interconnection Agreement Accession Number: 20051017–0223. service, please e-mail with Prairie State Generating Co., LLC, Comment Date: 5 p.m. Eastern Time [email protected] or call Midwest ISO, and Ameren Services on Monday, November 2, 2005. (866) 208–3676 (toll free). For TTY, call Company, acting as agent for Illinois Docket Numbers: ER06–43–000. (202) 502–8659. Power Company. Applicants: Exelon Power Generation, Magalie R. Salas, Filed Date: October 17, 2005. LLC. Secretary. Accession Number: 20051019–0026. Description: Application of [FR Doc. E5–5966 Filed 10–26–05; 8:45 am] Comment Date: 5 p.m. Eastern Time Commonwealth Edison Co and Exelon on Monday, November 7, 2005. Generation Co., LLC under section 205 BILLING CODE 6717–01–P Docket Numbers: ER05–386–002. of the Federal Power Act including a Applicants: Interstate Power service agreement between ExGen and DEPARTMENT OF ENERGY Company. ComEd, copy of the signature page filed Description: Interstate Power Co. on October 18, 2005 under accession Federal Energy Regulatory submits a revised First Amendment to number 20051019–0264. Commission the 4/1/80 Agreement for Integrated Filed Date: October 17, 2005. Transmission Area. Accession Number: 20051019–0004. Combined Notice of Filings #2 Filed Date: October 17, 2005. Comment Date: 5 p.m. Eastern Time Accession Number: 20051019–0028. on Monday, November 7, 2005. October 21, 2005. Comment Date: 5 p.m. Eastern Time Take notice that the Commission Docket Numbers: ER06–46–000. on Monday, November 7, 2005. Applicants: FirstEnergy Service received the following electric rate Company. filings. Docket Numbers: ER05–636–002. Docket Numbers: ER04–230–018; Applicants: Midwest Independent Description: FirstEnergy Services Co. ER01–3155–013; ER01–1385–022; Transmission System Operator, Inc. submits a Nuclear Sale/Leaseback EL01–45–021. Description: Midwest Independent Power Supply Agreement with Ohio Applicants: New York Independent Transmission System Operator, Inc. Edison Co. and the Toledo Edison Co. System Operator, Inc. submits the Large Generator Filed Date: October 17, 2005. Description: New York Independent Interconnection Agreement with Accession Number: 20051019–0270. System Operator submits Third Revised Columbia Community Windpower LLC, Comment Date: 5 p.m. Eastern Time Sheet No. 472A et al. to FERC Electric Midwest ISO, and American on Monday, November 7, 2005. Tariff, Original Volume No. 2 as a Transmission Co., LLC. Docket Numbers: ER06–47–000. revision to Market Monitoring Filed Date: October 17, 2005. Applicants: FirstEnergy Service Mitigation Measures. Accession Number: 20051019–0017. Company. Filed Date: October 17, 2005. Comment Date: 5 p.m. Eastern Time Description: FirstEnergy Supply Co. Accession Number: 20051019–0027. on Monday, November 7, 2005. submits the Mansfield Power Supply
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Agreement with the Cleveland Electric not be served on persons other and the Protection Agency, and in the second Illuminating Co. and the Toledo Edison Applicant. column, remove the OMB number Co. The Commission encourages 2060–0417 from the EPA ICR No. Filed Date: October 17, 2005. electronic submission of protests and 2196.01 and add the OMB number to Accession Number: 20051020–0275. interventions in lieu of paper, using the the entry for EPA ICR No. 1788.07 to Comment Date: 5 p.m. Eastern Time FERC Online links at http:// read: on Monday, November 7, 2005. www.ferc.gov. To facilitate electronic EPA ICR No. 1788.07; NESHAP for Docket Numbers: ER06–48–000. service, persons with Internet access Oil and Gas Production Facilities Applicants: FirstEnergy Generation who will eFile a document and/or be (proposed rule); OMB Number 2060– Corp. listed as a contact for an intervenor 0417; on 09/09/2005 OMB filed a Description: FirstEnergy Generation must create and validate an comment. Corp. submits a Genco Power Supply eRegistration account using the Dated: October 19, 2005. Agreement between the FirstEnergy eRegistration link. Select the eFiling Sara Hisel-McCoy, Generation Corp. and FirstEnergy link to log on and submit the Acting Director, Collection Strategies Solutions Corp. intervention or protests. Division. Filed Date: October 17, 2005. Persons unable to file electronically [FR Doc. 05–21458 Filed 10–26–05; 8:45 am] Accession Number: 20051020–0277. should submit an original and 14 copies Comment Date: 5 p.m. Eastern Time of the intervention or protest to the BILLING CODE 6560–50–P on Monday, November 7, 2005. Federal Energy Regulatory Commission, Docket Numbers: ER06–49–000. 888 First St. NE., Washington, DC ENVIRONMENTAL PROTECTION Applicants: FirstEnergy Nuclear 20426. AGENCY Generation Corp. The filings in the above proceedings Description: FirstEnergy Nuclear are accessible in the Commission’s [FRL–7989–4] Generation Corp. submits an agreement eLibrary system by clicking on the Notice of Launch of Children’s between FirstEnergy Nuclear Generation appropriate link in the above list. They Environmental Health Awards Program Corp. and FirstEnergy Solutions Corp. are also available for review in the Filed Date: October 17, 2005. Commission’s Public Reference Room in AGENCY: Environmental Protection Accession Number: 20051020–0279. Washington, DC. There is an Agency (EPA). Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that ACTION: Notice. on Monday, November 7, 2005. enables subscribers to receive e-mail Docket Numbers: ER96–2495–027; notification when a document is added SUMMARY: The Office of Children’s ER97–4143–015; ER97–1238–022; to a subscribed dockets(s). For Health Protection at the U.S. ER98–2075–021; ER98–542–017. assistance with any FERC Online Environmental Protection Agency is Applicants: AEP Power Marketing, service, please e-mail pleased to be accepting applications for Inc.; AEP Service Corporation, CSW [email protected] or call the 2006 Children’s Environmental Power Marketing, Inc.; CSW Energy (866) 208–3676 (toll free). For TTY, call Health Excellence Awards. The awards Services, Inc.; and Central and South (202) 502–8659. are designed to increase awareness, stimulate activity, and recognize efforts West Services, Inc. Magalie R. Salas, Description: AEP Power Marketing, that protect children from Secretary. Inc. et al. report changes in the environmental health risks at the local, information upon which the [FR Doc. E5–5967 Filed 10–26–05; 8:45 am] regional, national, and international Commission relied in granting market- BILLING CODE 6717–01–P level. based rate authority. The Children’s Environmental Health Filed Date: October 14, 2005. Excellence Award is divided into five Accession Number: 20051018–0127. ENVIRONMENTAL PROTECTION categories. You may apply under only Comment Date: 5 p.m. Eastern Time AGENCY one category. These include on Friday, November 4, 2005. Government, Non-Governmental [FRL–7989–8] Any person desiring to intervene or to Organizations, Corporate, Individual, protest in any of the above proceedings OMB Responses Correction and K–12 and Higher Education. EPA must file in accordance with Rules 211 will be looking for projects that and 214 of the Commission’s Rules of AGENCY: Environmental Protection significantly impact children’s Practice and Procedure (18 CFR 385.211 Agency (EPA). environmental health issues through and 385.214) on or before 5 p.m. Eastern ACTION: Notice; correction. research; indicators; capacity building; time on the specified comment date. It regulatory and policy innovations; is not necessary to separately intervene SUMMARY: Environmental Protection education and outreach; and again in a subdocket related to a Agency published a document in the interventions. Applications are due compliance filing if you have previously Federal Register of September 21, 2005, December 15, 2005, and an awards intervened in the same docket. Protests concerning OMB’s responses. The ceremony will be held for the winners will be considered by the Commission document contained incorrect in Washington, DC, in spring 2006. To in determining the appropriate action to information. download an application go to http:// be taken, but will not serve to make FOR FURTHER INFORMATION CONTACT: yosemite.epa.gov/ochp/ochpweb.nsf/ protestants parties to the proceeding. Susan Auby, (202) 566–1672. content/news2.htm#cehawards. Anyone filing a motion to intervene or FOR FURTHER INFORMATION CONTACT: protest must serve a copy of that Correction Carolyn Hubbard, Office of Children’s document on the Applicant. In reference In the Federal Register of September Health Protection for additional to filings initiating a new proceeding, 21, 2005, in FR Doc. 05–18836, on page information or hard copies of the interventions or protests submitted on 55377, in the first column, correct the application, USEPA, MC 1107A, 1200 or before the comment deadline need agency to read Environmental Pennsylvania Avenue, NW.,
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Washington, DC 20460, (202) 564–2188, ACTION: Notice of cost recovery SUMMARY: Under section 122(g)(1) of the [email protected] settlement. Comprehensive Environmental Response, Compensation and Liability SUPPLEMENTARY INFORMATION: Children SUMMARY: Under section 122(h)(1) of the may be more susceptible to Act (CERCLA), the Environmental Comprehensive Environmental Protection Agency has offered a cost environmental hazards than adults. Response Compensation and Liability Their nervous, immune, digestive, and recovery settlement at the Starmet CMI Act (CERCLA), the Environmental Superfund Site located in Barnwell, other systems are still developing and Protection Agency has offered a cost their ability to metabolize or inactivate Barnwell County, South Carolina. EPA recovery settlement at the College Grove will consider public comment until toxicants may be different than adults. Battery Chip Superfund Site (Site) They eat more food, drink more fluids, November 28, 2005. EPA may withdraw located in College Grove, Williamson/ from or modify the proposed settlement and breathe more air in proportion to Rutherford Counties, Tennessee. EPA should such comments disclose facts or their weight than adults, and their will consider public comments on the considerations which indicate the behavior—such as crawling and placing proposed settlement until November 28, proposed settlement is inappropriate, objects in their mouths—may result in 2005. EPA may withdraw from or improper, or inadequate. Copies of the greater exposure to environmental modify the proposed settlement should proposed are available from: Ms. Paula contaminants. such comments disclose facts or V. Batchelor, U.S. Environmental considerations which indicate the Examples of environmental health Protection Agency, Waste Management proposed settlement is inappropriate, hazards that may affect children Division, Superfund Enforcement & include: (1) Air pollutants, both indoor improper, or inadequate. Copies of the proposed settlement are Information Management Branch, 61 and ambient; (2) toxic chemicals such as Forsyth Street, SW., Atlanta, Georgia lead, mercury, arsenic, organochlorines available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency, 30303, (404) 562–8890, E-mail: such as polychlorinated biphenyls, and [email protected]. dioxins; (3) endocrine disruptors; (4) Region 4, Superfund Enforcement & environmental tobacco smoke; (5) Information Management Branch, Waste Written or e-mail comments may be ultraviolet radiation; (6) water pollution; Management Division, 61 Forsyth submitted to Paula V. Batchelor at the (7) pesticides; (8) brominated flame Street, South West, Atlanta, Georgia above address within thirty (30) days of retardants; (9) radon; and (10) carbon 30303, (404) 562–8887, E-mail: the date of publication. monoxide. Many environmental health [email protected]. Dated: October 12, 2005. problems can be prevented, managed, Written or e-mail comments may be submitted to Paula V. Batchelor at the De’Lyntoneus Moore, and treated. EPA encourages Acting Chief, Superfund Enforcement & communities, citizens, and above address within 30 days of the date of publication. Information Management Branch, Waste organizations to become leaders in Management Division. protecting our children from Dated: October 12, 2005. [FR Doc. 05–21460 Filed 10–26–05; 8:45 am] environmental health hazards. De’Lyntoneus Moore, BILLING CODE 6560–50–P Dated: October 24, 2005. Acting Chief, Superfund Enforcement & Information Management Branch, Waste William H. Sanders, III, Management Division. Acting Director, Office of Children’s Health [FR Doc. 05–21459 Filed 10–26–05; 8:45 am] Protection. FEDERAL COMMUNICATIONS BILLING CODE 6560–50–P [FR Doc. 05–21461 Filed 10–26–05; 8:45 am] COMMISSION BILLING CODE 6560–50–P Sunshine Act Meeting; Open ENVIRONMENTAL PROTECTION Commission Meeting; Friday, October AGENCY ENVIRONMENTAL PROTECTION 28, 2005 AGENCY [FRL–7989–5] October 21, 2005. Starmet CMI Superfund Site; Notice of [FRL–7989–6] The Federal Communications Proposed De Minimis Settlement Commission will hold an Open Meeting College Grove Battery Chip Superfund AGENCY: Environmental Protection on the subjects listed below on Friday, Site; Notice of Proposed Settlement Agency (EPA). October 28, 2005, which is scheduled to commence at 10 a.m. in Room TW– ACTION: Notice of Cost Recovery AGENCY: Environmental Protection C305, at 445 12th Street, SW., Settlement. Agency (EPA). Washington, DC.
Item No. Bureau Subject
1 ...... Enforcement ...... Title: Review of the Emergency Alert System (EB Docket No. 04–296). Summary: The Commission will consider a First Report and Order and Further Notice of Pro- posed Rulemaking concerning the Emergency Alert System rules. 2 ...... Media ...... Title: Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (MB Docket No. 05–49) and Implementation of Section 340 of the Communications Act. Summary: The Commission will consider a Report and Order to adopt rules for satellite car- riage of ‘‘significantly viewed’’ television stations pursuant to the Satellite Home Viewer Ex- tension and Reauthorization Act (SHVERA). 3 ...... Wireline Competition ... Title: SBC Communications Inc. and AT&T Corp. Applications for Approval of Transfer of Control (WC Docket No. 05–65). Summary: The Commission will consider a Memorandum Opinion and Order concerning the proposed transfer of licenses and authorizations from AT&T Corp. to SBC Communica- tions Inc.
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Item No. Bureau Subject
4 ...... Wireline Competition ... Title: Verizon Communications Inc. and MCI, Inc. Applications for Approval of Transfer of Control (WC Docket No. 05–75). Summary: The Commission will consider a Memorandum Opinion and Order concerning the proposed transfer of licenses and authorizations from MCI, Inc. to Verizon Communica- tions Inc.
Open captioning will be provided for meeting was rescheduled to Thursday, ACTION: Notice and request for OMB this event. Other reasonable October 20, 2005, at 2:30 p.m. review and comment. accommodations for people with * * * * * disabilities are available upon request. SUMMARY: The Federal Mediation and DATE AND TIME: Tuesday, November 1, Conciliation Service (FMCS) has Include a description of the 2005 at 10 a.m. accommodation you will need including submitted to the Office of Management PLACE: 999 E Street, NW., Washington, and Budget (OMB) for clearance, a as much detail as you can. Also include DC. a way we can contact you if we need proposal for collection of information STATUS: more information. Make your request as This meeting will be closed to under the provisions of the Paperwork early as possible; please allow at least 5 the public. Reduction Act of 1995. The proposed days advance notice. Last minute ITEMS TO BE DISCUSSED: online customer survey will evaluate requests will be accepted, but may be Compliance matters pursuant to 2 the impact of FMCS’s relationship- impossible to fill. Send an e-mail to: U.S.C. 437g. development and training programs [email protected] or call the Consumer & Audits conducted pursuant to 2 U.S.C. (RDTs), the impact of the training Governmental Affairs Bureau at 202– 437g, 438(b), and Title 26, U.S.C. program on the relationship between 418–0530 (voice), 202–418–0432 (TTY). Matters concerning participation in civil labor and management, and the impact Additional information concerning actions or proceedings or arbitration. of the training on the workplace. Internal personnel rules and procedures this meeting may be obtained from DATES: Comments regarding this or matters affecting a particular Audrey Spivack or David Fiske, Office collection must be received by OMB on employee. of Media Relations, (202) 418–0500; or before November 21, 2005. If you TTY 1–888–835–5322. Audio/Video * * * * * anticipate that you will be submitting coverage of the meeting will be DATE AND TIME: Thursday, November 3, comments, but find it difficult to do so broadcast live with open captioning 2005, at 10 a.m. within the period of time allowed by over the Internet from the FCC’s Audio/ PLACE: 999 E Street, NW., Washington, this notice, please advise the OMB Desk Video Events Web page at http:// DC (Ninth Floor). Officer of your intention to make a www.fcc.gov/realaudio. STATUS: This meeting will be open to the submission as soon as possible. The For a fee this meeting can be viewed public. Desk Officer may be telephoned at 202– 395–7151. live over George Mason University’s ITEMS TO BE DISCUSSED: ADDRESSES: Capitol Connection. The Capitol Correction and Approval of Minutes. Written comments should Connection also will carry the meeting Advsory Opinion 2005–16: Fired Up! be sent to: Carolyn Lovette, Desk live via the Internet. To purchase these LLC, by counsel, Marc E. Elias and Officer, Office of Information and services call (703) 993–3100 or go to Brian G. Svoboda. Regulatory Affairs, Office of http://www.capitolconnection.gmu.edu. Advisory Opinion 2005–17; American Management and Budget, New Copies of materials adopted at this Crystal Sugar Company and Red River Executive Office Building, Room 10102, meeting can be purchased from the Valley Sugarbeet Growers 735 17th Street, NW., Washington, DC FCC’s duplicating contractor, Best Copy Association, by counsel, Jan Witold 20503. and Printing, Inc. (202) 488–5300; Fax Baran. Comments should also be addressed (202) 488–5563; TTY (202) 488–5562. Final Audit Report on the Jim Gerlach to: Maria A. Fried, General Counsel, These copies are available in paper of Congress Committee. Federal Mediation and Conciliation format and alternative media, including Routine Administrative Matters. Service, 2100 K Street, NW., large print/type; digital disk; and audio FOR FURTHER INFORMATION CONTACT: Mr. Washington, DC 20427. and video tape. Best Copy and Printing, Robert Biersack, Press Officer, FOR FURTHER INFORMATION CONTACT: Inc. may be reached by e-mail at Telephone: (202) 694–1220. Requests for additional information or [email protected]. copies of the information collection Darlene Harris, Federal Communications Commission. instrument and instructions should be Deputy Secretary of the Commission. directed to Maria Fried, General Marlene H. Dortch, [FR Doc. 05–21579 Filed 10–25–05; 2:53 pm] Counsel, Federal Mediation and Secretary. BILLING CODE 6715–01–M Conciliation Service, (202) 606–5488; [FR Doc. 05–21496 Filed 10–24–05; 4:08 pm] [email protected]. BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: This DEPARTMENT OF FEDERAL package contains: MEDIATION AND CONCILIATION (1) OMB No.: Not yet assigned. SERVICE FEDERAL ELECTION COMMISSION (2) Package Title: Survey of Proposed Agency Information Relationship-Development and Training Sunshine Act Meeting Notice Collection Submitted for OMB Review Program and Comment (3) Type of Request: New collection of PREVIOUSLY ANNOUNCED DATE AND TIME: information. Tuesday, October 18, 2005, 10 a.m. AGENCY: Federal Mediation and (4) Purpose: This survey is to evaluate Meeting closed to the public. This Conciliation Service. the impact of FMC’s relationship—
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development and training programs, the FEDERAL RESERVE SYSTEM President) 925 Grand Avenue, Kansas impact of the training program on the City, Missouri 64198-0001: relationship between labor and Formations of, Acquisitions by, and 1. BancFirst Corporation, Oklahoma management, and the impact of the Mergers of Bank Holding Companies City, Oklahoma; to acquire 100 percent training on the workplace. of the voting shares of Park State Bank, The companies listed in this notice Nicoma Park, Oklahoma. (5) Type of Respondents: Business have applied to the Board for approval, and Not-for profit institutions. pursuant to the Bank Holding Company Board of Governors of the Federal Reserve (6) Estimated Number of Act of 1956 (12 U.S.C. 1841 et seq.) System, October 24, 2005. Respondents: 500. (BHC Act), Regulation Y (12 CFR Part Robert deV. Frierson, Deputy Secretary of the Board. (7) Estimated Number of Burden 225), and all other applicable statutes [FR Doc. E5–5963 Filed 10–26–05; 8:45 am] Hours: 42. and regulations to become a bank holding company and/or to acquire the BILLING CODE 6210–01–S Authority: Paperwork Reduction Act of assets or the ownership of, control of, or 1995 (44 U.S.C. Ch 35). the power to vote shares of a bank or Dated: October 21, 2005. bank holding company and all of the DEPARTMENT OF HEALTH AND Jeanette Walters-Marquez, banks and nonbanking companies HUMAN SERVICES Attorney-Advisor, Federal Mediation and owned by the bank holding company, Conciliation Service. including the companies listed below. Assistant Secretary for Planning & [FR Doc. 05–21450 Filed 10–26–05; 8:45 am] The applications listed below, as well Evaluation; Medicaid Program; Announcement of the Appointment of BILLING CODE 6372–01–M as other related filings required by the Board, are available for immediate New Individuals To Serve on the inspection at the Federal Reserve Bank Medicaid Commission indicated. The application also will be AGENCY: Assistant Secretary for FEDERAL RESERVE SYSTEM available for inspection at the offices of Planning & Evaluation (ASPE), HHS. the Board of Governors. Interested ACTION: Notice. Change in Bank Control Notices; persons may express their views in Acquisition of Shares of Bank or Bank writing on the standards enumerated in SUMMARY: This notice announces the Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the appointment of three new individuals to proposal also involves the acquisition of serve on the Medicaid Commission and The notificants listed below have a nonbanking company, the review also the release of one Commissioner from applied under the Change in Bank includes whether the acquisition of the service on the Medicaid Commission. Control Act (12 U.S.C. 1817(j)) and nonbanking company complies with the Notice of this announcement is given § 225.41 of the Board’s Regulation Y (12 standards in section 4 of the BHC Act under the Federal Advisory Committee CFR 225.41) to acquire a bank or bank (12 U.S.C. 1843). Unless otherwise Act (5 U.S.C. App. 2, section 2(b)(5)). holding company. The factors that are noted, nonbanking activities will be The Medicaid Commission will advise considered in acting on the notices are conducted throughout the United States. the Secretary on ways to modernize the set forth in paragraph 7 of the Act (12 Additional information on all bank Medicaid program so that it can provide U.S.C. 1817(j)(7)). holding companies may be obtained high-quality health care to its The notices are available for from the National Information Center beneficiaries in a financially sustainable immediate inspection at the Federal website at www.ffiec.gov/nic/. way. Reserve Bank indicated. The notices Unless otherwise noted, comments New Medicaid Commission Voting also will be available for inspection at regarding each of these applications Members: John Ellis ‘‘Jeb’’ Bush, Joe the office of the Board of Governors. must be received at the Reserve Bank Manchin III, and Donald Young. Interested persons may express their indicated or the offices of the Board of Medicaid Commission Member views in writing to the Reserve Bank Governors not later than November 21, Released from Service on the Medicaid indicated for that notice or to the offices 2005. Commission: Michael O’Grady. of the Board of Governors. Comments A. Federal Reserve Bank of SUPPLEMENTARY INFORMATION: On May must be received not later than Philadelphia (Michael E. Collins, Senior 24, 2005, CMS published a notice (70 November 14, 2005. Vice President) 100 North 6th Street, FR 29765) announcing the Medicaid A. Federal Reserve Bank of Kansas Philadelphia, Pennsylvania 19105-1521: Commission and requesting City (Donna J. Ward, Assistant Vice 1. First Wyoming Financial nominations for individuals to serve on President) 925 Grand Avenue, Kansas Corporation, Wyoming, Delaware; to the Medicaid Commission. The next City, Missouri 64198-0001: become a bank holding company by meeting of the Medicaid Commission acquiring 100 percent of the voting will be held October 26–27, 2005, as 1. Garth Lee Gibson and Cynthia shares of The First National Bank of previously published in the Federal Annette Gibson, both of Montrose, Wyoming, Wyoming, Delaware. Register (70 FR 58706). The meeting Colorado; to acquire voting shares of B. Federal Reserve Bank of Atlanta will be held at the following address: First Montana Company, Montrose, (Andre Anderson, Vice President) 1000 Holiday Inn on The Hill, 415 New Jersey Colorado, and thereby indirectly acquire Peachtree Street, N.E., Atlanta, Georgia Avenue, NW., Washington, DC 20001, voting shares of MontroseBank, 30303: United States, telephone: 1 (202) 638– Montrose, Colorado. 1. Gwinnett Commercial Group, Inc., 1616, fax: 1 (202) 638–0707. Board of Governors of the Federal Reserve Lawrenceville, Georgia; to merge with Web site: You may access up-to-date System, October 24, 2005. Buford Banking Group, Inc., and thereby information on this meeting at http:// Robert deV. Frierson, indirectly acquire Lanier Community www.cms.hhs.gov/faca/mc/default.asp. Deputy Secretary of the Board. Bank, both of Buford, Georgia. FOR FURTHER INFORMATION CONTACT: [FR Doc. E5–5964 Filed 10–26–05; 8:45 am] C. Federal Reserve Bank of Kansas Margaret Reiser, Medicaid Commission, BILLING CODE 6210–01–S City (Donna J. Ward, Assistant Vice (202) 205–8255.
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Authority: 5 U.S.C. App. 2, section 10(a)(1) DEPARTMENT OF HEALTH AND services, and to promote improvements and (a)(2). HUMAN SERVICES in clinical practice and in the Dated: October 20, 2005. organization, financing, and delivery of Agency for Healthcare Research and health care services. Michael J. O’Grady, Quality The Council is composed of members Assistant Secretary for Planning and of the public appointed by the Secretary Evaluation, Department of Health and Meeting of the National Advisory and Federal ex-officio members. Human Services. Council for Healthcare Research and [FR Doc. 05–21411 Filed 10–26–05; 8:45 am] Quality II Agenda BILLING CODE 5150–05–P On Friday, November 4, 2005, the AGENCY: Agency for Healthcare Research meeting will begin at 8:30 a.m., with the and Quality (AHRQ), HHS. call to order by the Council Chair. The DEPARTMENT OF HEALTH AND ACTION: Notice of public meeting. Director, AHRQ, will provide an update HUMAN SERVICES SUMMARY: In accordance with section of the Agency’s current research, 10(a) of the Federal Advisory Committee programs, and initiatives. The Council Agency for Healthcare Research and will discuss the relationship between Quality Act, this notice announces a meeting of the National Council of Healthcare payment for and quality of healthcare Research and Quality. services, and building a campaign to Notice of Senior Executive Service eliminate health care disparities. Time DATES: Performance Review Board The meeting will be held on will be allotted for public comment. The Membership Friday, November 4, 2005, from 8:30 to meeting will adjourn at 4 p.m. The 4 p.m. The meeting is open to the official agenda will be available on The Agency for Healthcare Research public. AHRQ’s Web site at http:// and Quality (AHRQ) announces the ADDRESSES: The meeting will be held in www.ahrq.gov no later than October 28, appointment of members to the AHRQ the Conference Center, The Agency for 2005. Senior Executive Service (SES) Healthcare Research and Quality, 540 Dated: October 17, 2005. Performance Review Board (PRB). This Gaither Road, Rockville, Maryland Carolyn M. Clancy, action is being taken in accordance with 20850. Director. Title 5, U.S.C., Section 4314(c)(4) of the FOR FURTHER INFORMATION CONTACT: Civil Service Reform Act of 1978, which [FR Doc. 05–21473 Filed 10–26–05; 8:45 am] Deborah Queenan, Coordinator of the BILLING CODE 4160–90–M requires members of the performance Advisory Council, at the Agency for review boards to be published in the Healthcare Research and Quality, 540 Federal Register. Gaither Road, Rockville, Maryland DEPARTMENT OF HEALTH AND The function of the PRB is to ensure 20850, (301) 427–1330. For press-related HUMAN SERVICES consistency, stability and objectivity in information, please contact Karen the SES performance appraisals, and to Migdail at (301) 427–1855. Centers for Disease Control and make recommendations to the Director, If sign language interpretation or other Prevention AHRQ, relating to the performance of reasonable accommodation for a National Center for Environmental senior executives in the Agency. disability is needed, please contact Mr. Donald L. Inniss, Director, Office of Health/Agency for Toxic Substances The following persons will serve on Equal Employment Opportunity and Disease Registry the AHRQ SES Performance Review Program, Program Support Center, on The Board of Scientific Counselors Board: Helen Burstin, Francis Chesley, (301) 443–1144 no later than October Steven Cohen, J. Michael Fitzmaurice, (BSC), Centers for Disease Control and 28. Agenda, roster, and minutes are Prevention (CDC), National Center for Irene Fraser, George Grob, Kathleen available from Ms. Bonnie Campbell, Environmental Health/Agency for Toxic Kendrick, Anna Marsh, Robert Committee Management Office, Agency Substances and Disease Registry (NCEH/ McSwain, William Munier, Jean for Healthcare Quality and Research, ATSDR): Meeting. Slutsky, Christine Williams, and Phyllis 540 Gaither Road, Rockville, Maryland In accordance with section 10(a)(2) of Zucker. 20850. Ms. Campbell’s phone number is the Federal Advisory Committee Act For further information about the (301) 427–1554. (Pub. L. 92–463), the Centers for Disease AHRQ Performance Review Board, SUPPLEMENTARY INFORMATION: Control and Prevention and NCEH/ contact Mr. Jeffrey Toven, Office of I. Purpose ATSDR announce the following Performance, Accountability, Resources, committee meeting: Section 921 of the Public Health and Technology, Agency for Healthcare Name: Board of Scientific Counselors, Research and Quality, 540 Gaither Road, Service Act (42 U.S.C. 299c) established National Center for Environmental Health/ the National Advisory Council for Suite 4329, Rockville, Maryland 20850. Agency for Toxic Substances and Disease Healthcare Research and Quality. In Registry. Dated: October 18, 2005. accordance with its statutory mandate, Times and Dates: 8:30 a.m.–4 p.m., Carolyn M. Clancy, the Council is to advise the Secretary of November 17, 2005. 8 a.m.–12:30 p.m., Director, AHRQ. the Department of Health and Human November 18, 2005. Place: CDC facility, 1825 Century [FR Doc. 05–21472 Filed 10–26–05; 8:45 am] Services and the Director, Agency for Healthcare Research and Quality Boulevard, Atlanta, Georgia 30345. BILLING CODE 4160–90–M (AHRQ), on matters related to actions of Status: Open to the public for observation, limited only by the space available. The the Agency through scientific research meeting room accommodates approximately and dissemination of evidence based 100 people. findings to enhance the quality, improve Purpose: The Secretary, and by delegation, the outcomes, reduce the costs of health the Director of the Centers for Disease care services, improve access to such Control and Prevention and the
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Administrator of NCEH/ATSDR, are DEPARTMENT OF HEALTH AND Dated: October 21, 2005. authorized under Section 301 (42 U.S.C. 241) HUMAN SERVICES Diane Allen, and Section 311 (42 U.S.C. 243) of the Public Acting Director, Management Analysis and Health Service Act, as amended, to (1) Centers for Disease Control and Services Office, Centers for Disease Control conduct, encourage, cooperate with, and Prevention and Prevention. assist other appropriate public authorities, [FR Doc. 05–21432 Filed 10–26–05; 8:45 am] scientific institutions, and scientists in the National Center for Environmental conduct of research, investigations, Health/Agency for Toxic Substances BILLING CODE 4163–18–P experiments, demonstrations, and studies and Disease Registry relating to the causes, diagnosis, treatment, DEPARTMENT OF HEALTH AND control, and prevention of physical and The Community and Tribal mental diseases and other impairments; (2) Subcommittee of the Board of Scientific HUMAN SERVICES assist States and their political subdivisions Counselors (BSC), Centers for Disease in the prevention of infectious diseases and Centers for Disease Control and Control and Prevention (CDC), National other preventable conditions and in the Prevention promotion of health and well being; and (3) Center for Environmental Health/ train state and local personnel in health Agency for Toxic Substances and Advisory Council for the Elimination of work. The Board of Scientific Counselors, Disease Registry (NCEH/ATSDR). Tuberculosis NCEH/ATSDR provides advice and guidance In accordance with section 10(a)(2) of to the Secretary, HHS; the Director, CDC and the Federal Advisory Committee Act In accordance with section 10(a)(2) of Administrator, ATSDR; and the Director, (Pub. L. 92–463), the Centers for Disease the Federal Advisory Committee Act NCEH/ATSDR, regarding program goals, Control and Prevention, NCEH/ATSDR (Pub. L. 92–463), the Centers for Disease objectives, strategies, and priorities in announces the following subcommittee fulfillment of the agencies’ mission to protect Control and Prevention (CDC) and promote people’s health. The Board meeting: Teleconference. announces the following Council provides advice and guidance that will assist Name: Community and Tribal meeting: NCEH/ATSDR in ensuring scientific quality, Subcommittee (CTS). Name: Advisory Council for the timeliness, utility, and dissemination of Time and Date: 8 a.m.–1:30 p.m., Elimination of Tuberculosis (ACET). results. The Board also provides guidance to November 16, 2005. Times and Dates: 8:30 a.m.–5 p.m., help NCEH/ATSDR work more efficiently Place: Century Center, 1825 Century November 16, 2005. 8:30 a.m.–12 p.m., and effectively with its various constituents Boulevard, Atlanta, Georgia 30345. See November 17, 2005. and to fulfill its mission in protecting Supplementary Information. Place: Corporate Square, Building 8, 1st America’s health. Status: Open to the public, limited by the Floor Conference Room, Atlanta, Georgia Matters to be Discussed: The agenda items available space. The meeting room 30333, Telephone (404) 639–8008. will include but are not limited to an update accommodates approximately 40 people. Status: Open to the public, limited only by on the futures initiatives of the Coordinating Purpose: Under the charge of the Board of the space available. The meeting room Center for Environmental Health and Injury Scientific Counselors, NCEH/ATSDR, the Prevention; an update on the NCEH/ATSDR Community and Tribal Subcommittee will accommodates approximately 100 people. Director’s priorities; the Environmental provide the BSC, NCEH/ATSDR with a forum Purpose: This council advises and makes Health Services Branch peer review report; for community and tribal first-hand recommendations to the Secretary, the program response to the report; an perspectives on the interactions and impacts Department of Health and Human Services, overview of the Air Pollution and Respiratory of NCEH/ATSDR’s national and regional the Assistant Secretary for Health, and the Health Branch; overview of the Division of policies, practices and programs. Director, CDC, regarding the elimination of Toxicology; update on new laboratory Matters to Be Discussed: The meeting tuberculosis. Specifically, the Council makes methods for detecting botulism toxin; and agenda will include discussions on NCEH/ recommendations regarding policies, updates from the Community and Tribal ATSDR health disparities and environmental strategies, objectives, and priorities; Subcommittee, the Health Department justice programs; the development of an addresses the development and application Subcommittee, and the Delisting Workgroup. agency environmental justice strategy; a of new technologies; and reviews the extent Agenda items are tentative and subject to review of new NCEH and ATSDR Web sites; to which progress has been made toward change. discussion of new members to the eliminating tuberculosis. Contact Person for More Information: subcommittee. Matters to Be Discussed: Agenda items Sandra Malcom, Committee Management Agenda items are subject to change as include issues pertaining to TB surveillance Specialist, NCEH/ATSDR, 1600 Clifton Road, priorities dictate. in the United States, Tuberculosis Coalition M/S E–28, Atlanta, GA 30303; telephone 404/ Supplementary Information: This meeting for Technical Assistance Activities and other 498–0003, fax 404/498–0059; e-mail: is scheduled to begin at 8 a.m. Eastern TB related topics. [email protected]. The deadline for Standard Time. To participate please dial 1– Agenda items are subject to change as notification of attendance is November 10, 877–315–6535 and enter conference code priorities dictate. 2005. 383520. Public Comment period is between The Director, Management Analysis and Contact Person for More Information: 11 a.m.–11:15 a.m. EST. Services Office, has been delegated the Paulette Ford-Knights, National Center for Contact Person for More Information: authority to sign Federal Register notices HIV, STD, and TB Prevention, 1600 Clifton Sandra Malcom, Committee Management pertaining to announcements of meetings and Road, NE., M/S E–07, Atlanta, Georgia 30333, Specialist, NCEH/ATSDR, 1600 Clifton Road, other committee management activities for telephone 404/639–8008. M/S E–28, Atlanta, GA 30303; telephone 404/ both CDC and NCEH/ATSDR. The Director, Management Analysis and 498–0003; e-mail: [email protected]. The Services Office, has been delegated the deadline for notification of attendance is Dated: October 21, 2005. authority to sign Federal Register Notices November 14, 2005. Diane Allen, pertaining to announcements of meetings and The Director, Management Analysis and other committee management activities, for Acting Director, Management Analysis and Services Office, has been delegated the both the Centers for Disease Control and Services Office, Centers for Disease Control authority to sign Federal Register notices Prevention and the Agency for Toxic and Prevention. pertaining to announcements of meetings and [FR Doc. 05–21431 Filed 10–26–05; 8:45 am] other committee management activities for Substances and Disease Registry. BILLING CODE 4163–18–P both CDC and NCEH/ATSDR.
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Dated: October 21, 2005. the extent to which NIDA is (1) medical professionals. Measures will Diane Allen, increasing awareness among primary include the following variables: the Acting Director, Management Analysis and care physicians and other medical information needs and learning styles Services Office, Centers for Disease Control professionals about drug addiction as a and preferences of physicians and other and Prevention. major public health issue, (2) increasing medical professionals; their knowledge/ [FR Doc. 05–21433 Filed 10–26–05; 8:45 am] their awareness of NIDA and NIDA- awareness of NIDA and the NIDA BILLING CODE 4163–18–P funded research, and (3) providing them resources developed for physicians and with the information resources needed other medical professionals; their to incorporate such research findings attitudes toward NIDA and the NIDA DEPARTMENT OF HEALTH AND into their clinical practices. Primary resources developed for them; their use HUMAN SERVICES care physicians and other medical of the resources developed by NIDA; professionals, especially those who care and ways to strengthen NIDA’s National Institutes of Health for adolescents, are front line knowledge dissemination activities. individuals helping patients with drug Proposed Collection; Comment Frequency of Response: This project abuse-or drug addiction-related health Request; The NIDA Primary Care will be conducted annually or and mental health problems. Each has Physician Outreach Project key roles in obtaining, disseminating, biennially. Affected Public: Individuals, organizations, and businesses. Type of SUMMARY: In compliance with Section and applying drug abuse and addiction Respondents: physicians, physician 3506(c)(2)(A) of the Paperwork resource materials in clinical practice. Reduction Act of 1995 concerning This effort is made according to assistants, nurses, medical office opportunity for public comment on Executive Order 12862, which directs managers, hospital/clinic based health proposed collection of information, the Federal agencies that provide significant educators, and hospital/clinic based National Institute on Drug Abuse services directly to the public to survey social workers. The reporting burden is (NIDA), the National Institutes of Health customers to determine the kind and as follows: Estimated Total Annual (NIH) will publish periodic summaries quality of services they want and their Number of Respondents: 1118; of proposed projects to be submitted to level of satisfaction with existing Estimated Number of Responses per the Office of Management and Budget services. Respondent: 2; Average Burden Hours (OMB) for review and approval. Formative, process, and outcome per Response: 0.39. Estimated Total Proposed Collection: Title: The NIDA evaluations using a multi-method Annual Burden Hours Requested: Primary Care Physician Outreach approach (surveys, focus, groups, case 872.24. There are no Capital Costs to Project Type of Information Collection studies) will be employed to determine report. There are no Operating or Request: NEW. Need and Use of the most appropriate resources and also Maintenance Costs to report. The Information Collection: This is a request the usefulness of the materials estimated annualized burden is for a 4-year generic clearance to study developed for physicians and other summarized below.
Estimated Estimated number of Average Estimated total Respondents number of responses per burden hours burden hours respondents respondent per response
Physicians ...... 2,873 2 0.39 2,240.94 Physician Assistants ...... 320 2 0.39 249.6 Nurses ...... 320 2 0.39 249.6 Medical Office Managers ...... 320 2 0.39 249.6 Hospital/Clinic Based Health Educators ...... 320 2 0.39 249.6 Hospital/Clinic Based Social Workers ...... 320 2 0.39 249.6
Total ...... 4,473 ...... 3,488.94
Annualized Totals (clearance for 4-year project) ...... 1,118 ...... 872.24
Request for Comments: Written ways to minimize the burden of the 443–1124; fax (301) 443–7397; or by e- comments and/or suggestions from the collection of information on mail to [email protected]. public and affected agencies are invited respondents, including through the use Comments Due Date: Comments on one or more of the following points: of automated collection techniques or regarding this information collection are (1) Whether the proposed collection of other forms of information technology. best assured of having their full effect if information is necessary for the proper FOR FURTHER INFORMATION CONTACT: To received within 60 days of the date of performance of the functions of the request more information on the this publication. agency, including whether the proposed project or to obtain a copy of information shall have practical utility; the information collection plans, contact Laura Rosenthal, (2) the accuracy of the agency’s estimate Jan Lipkin, Project Officer, National Associate Director for Management, National of the burden of the proposed collection Institute on Drug Abuse, 6001 Executive Institute for Drug Abuse. of information; (3) ways to enhance the Boulevard, Room 5219, Bethesda, MD [FR Doc. 05–21416 Filed 10–26–05; 8:45 am] quality, utility, and clarity of the 20852, or call non-toll-free number (301) BILLING CODE 4140–01–P information to be collected; and (4)
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DEPARTMENT OF HEALTH AND provisions set forth in sections DEPARTMENT OF HEALTH AND HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES as amended. The grant applications and National Institutes of Health the discussions could disclose National Institutes of Health confidential trade secrets or commercial National Heart, Lung, and Blood National Library of Medicine; Notice of Institute; Notice of Closed Meeting property such as patentable material, Meeting and personal information concerning Pursuant to section 10(d) of the individuals associated with the grant Notice is hereby given of the second Federal Advisory Committee Act, as applications, the disclosure of which meeting of the NIH Public Access amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted Working Group under the National is hereby given of the following invasion of personal privacy. Library of Medicine’s (NLM) Board of meeting. Regents. The meeting will be closed to the Name of Committee: National Institute on The meeting will be open to the public in accordance with the Drug Abuse Special Emphasis Panel, Member public, with attendance limited to space provisions set forth in sections Conflict Meeting. available. Individuals who plan to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: November 1, 2005. attend and need special assistance, such as amended. The grant applications and Time: 4 p.m. to 5 p.m. as sign language interpretation or other the discussions could disclose Agenda: To review and evaluate grant reasonable accommodations, should confidential trade secrets or commercial applications. notify the Contact Person listed below property such as patentable material, Place: Residence Inn Bethesda, 7335 in advance of the meeting. and personal information concerning Wisconsin Avenue, Bethesda, MD 20814. The mission of the NIH Public Access individuals associated with the grant Contact Person: Mark Swieter, PhD, Chief, Working Group is to advise the NLM applications, the disclosure of which Training and Special Projects Review Branch, Board of Regents on implementation of would constitute a clearly unwarranted Office of Extramural Affairs, National the new NIH Public Access Policy. This Institute on Drug Abuse, NIH, DHHS, 6101 invasion of personal privacy. policy responds to strong Congressional Executive Boulevard, Suite 220, Bethesda, interest in improving the public’s access Name of Committee: National Heart, Lung, MD 20892–8401, (301) 435–1389, to the published results of NIH-funded and Blood Institute Special Emphasis Panel, [email protected]. research. Under the policy, NIH- Research Program Project Applications This notice is being published less than 15 (P01s). days prior to the meeting due to the timing supported investigators are encouraged Date: November 18, 2005. to submit manuscripts electronically to Time: 8:30 a.m. to 5 p.m. limitations imposed by the review and funding cycle. the National Library of Medicine’s Agenda: To review and evaluate grant PubMed Central (PMC). The PMC is the applications. Name of Committee: National Institute on Place: Hotel Madera, 1310 New Hampshire NIH digital repository of full-text, peer- Drug Abuse Special Emphasis Panel, Member reviewed biomedical, behavioral, and Avenue, NW., Washington, DC 20019. Conflict Meeting. Contact Person: Keith A. Mintzer, PhD, clinical research journals. The policy Date: November 1, 2005. Scientific Review Administrator, Division of included the establishment of this Time: 5 p.m. to 6 p.m. Extramural Affairs, National Heart, Lung, and working group with representation from Agenda: To review and evaluate grant Blood Institute, National Institutes of Health, a broad range of interested stakeholders. applications. 6701 Rockledge Drive, Room 7186, MSC The Working Group will: (1) Review 7924, Bethesda, MD 20892. 301–435–0280. Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814. statistical evidence on the impact of the (Catalogue of Federal Domestic Assistance policy, e.g., number of manuscripts Program Nos. 93.233, National Center for Contact Person: Mark Swieter, PhD, Chief, Sleep Disorders Research; 93.837, Heart and Training and Special Projects Review Branch, submitted, summary data on embargo Vascular Diseases Research; 93.838, Lung Office of Extramural Affairs, National periods, connections to other NIH Diseases Research; 93.839, Blood Diseases Institute on Drug Abuse, NIH, DHHS, 6101 information resources, level of use, etc.; and Resources Research, National Institutes Executive Boulevard, Suite 220, Bethesda, (2) provide suggestions for improving of Health, HHS) MD 20892–8401, (301) 435–1389, the implementation of the manuscript Dated: October 18, 2005. [email protected]. submission system and procedures; (3) Anthony M. Coelho, Jr., This notice is being published less than 15 assess the extent to which the policy is Acting Director, Office of Federal Advisory days prior to the meeting due to the timing achieving its stated goals; and (4) Committee Policy. limitations imposed by the review and suggest any changes to the policy that [FR Doc. 05–21414 Filed 10–26–05; 8:45 am] funding cycle. might further these goals. BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance Name of Committee: NIH Public Access Program Nos. 93.277, Drug Abuse Scientist Working Group. Development Award for Clinicians, Scientist Date: November 15, 2005. DEPARTMENT OF HEALTH AND Development Awards, and Research Scientist Time: 10 a.m. to 3 p.m. HUMAN SERVICES Agenda: NIH Public Access Policy Awards; 93.278, Drug Abuse National Research and Discussion. Research Service Awards for Research National Institutes of Health Place: National Library of Medicine, Training; 93.279, Drug Abuse Research Building 38, Board Room, 2nd Floor, 8600 Programs, National Institutes of Health, HHS) National Institute on Drug Abuse; Rockville Pike, Bethesda, MD 20894. Contact Person: Donald A.B. Lindberg, Dated: October 18, 2005. Notice of Closed Meetings M.D., Director, National Library of Medicine, Anthony M. Coelho, Jr., Pursuant to section 10(d) of the National Institutes of Health, Building 38, Federal Advisory Committee Act, as Acting Director, Office of Federal Advisory Room 2E17, Bethesda, MD 20894, 301–496– 6221. amended (5 U.S.C. Appendix 2), notice Committee Policy. [FR Doc. 05–21415 Filed 10–26–05; 8:45 am] Any interested person may file written is hereby given of the following comments with the committee by forwarding meetings. BILLING CODE 4140–01–M the statement to the Contact Person listed on The meetings will be closed to the this notice. The comments should include public in accordance with the the name, address, telephone number and,
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when applicable, the business or professional This notice is being published less than 15 Scientific Review, National Institutes of affiliation of the interested person. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 6158, limitations imposed by the review and MSC 7804, Bethesda, MD 20892, 301–435– Dated: October 18, 2005. funding cycle. 1716, [email protected]. Anthony M. Coelho, Jr., Name of Committee: Center for Scientific This notice is being published less than 15 Acting Director, Office of Federal Advisory Review Special Emphasis Panel, Neuropathic days prior to the meeting due to the timing Committee Policy. Pain 2. limitations imposed by the review and [FR Doc. 05–21413 Filed 10–26–05; 8:45am] Date: October 26, 2005. funding cycle. BILLING CODE 4140–01–M Time: 12 p.m. to 2 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel, Member applications. Conflict in Mechanisms of Emotion, Stress DEPARTMENT OF HEALTH AND Place: National Institutes of Health, 6701 and Health. HUMAN SERVICES Rockledge Drive, Bethesda, MD 20892, Date: October 28, 2005. (Telephone Conference Call). Time: 12 p.m. to 1 p.m. National Institutes of Health Contact Person: Joseph G. Rudolph, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, Center for applications. Center For Scientific Review; Notice of Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Closed Meetings Health, 6701 Rockledge Drive, Room 5186, Rockledge Drive, Bethesda, MD 20892, MSC 7844, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Pursuant to section 10(d) of the 2212, [email protected]. Contact Person: Dana Jeffrey Plude, PhD, Federal Advisory Committee Act, as This notice is being published less than 15 Scientific Review Administrator, Center for amended (5 U.S.C. Appendix 2), notice days prior to the meeting due to the timing Scientific Review, National Institutes of limitations imposed by the review and Health, 6701 Rockledge Drive, Room 3192, is hereby given of the following funding cycle. MSC 7848, Bethesda, MD 20892, 301–435– meetings. 2309, pludedcsr.nih.gov. The meetings will be closed to the Name of Committee: Center for Scientific Review Special Emphasis Panel, Oxidative This notice is being published less than 15 public in accordance with the Stress in Cancer. days prior to the meeting due to the timing provisions set forth in sections Date: October 27, 2005. limitations imposed by the review and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 1 p.m. to 3 p.m. funding cycle. as amended. The grant applications and Agenda: To review and evaluate grant Name of Committee: Center for Scientific the discussions could disclose applications. Review Special Emphasis Panel, BDCN– confidential trade secrets or commercial Place: National Institutes of Health, 6701 F15(B) Pharmacology and Diagnostics SBIR. property such as patentable material, Rockledge Drive, Bethesda, MD 20892, Date: November 1, 2005. and personal information concerning (Telephone Conference Call). Time: 8:30 a.m. to 11 a.m. individuals associated with the grant Contact Person: Eun Ah Cho, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, Center for applications. applications, the disclosure of which Scientific Review, National Institutes of Place: National Institute of Health, 6701 would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 6202, Rockledge Drive, Bethesda, MD 20892, invasion of personal privacy. MSC 7804, Bethesda, MD 20892, (301) 451– (Telephone Conference Call). Name of Committee: Center for Scientific 4467, [email protected]. Contact Person: Jerome Wujek, PhD, Review Special Emphasis Panel, Molecular, This notice is being published less than 15 Scientific Review Administrator, Center for Cellular, and Developmental Neurobiological days prior to the meeting due to the timing Scientific Review, National Institutes of Small Business Application Part II. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 5194, Date: October 25, 2005. funding cycle. MSC 7846, Bethesda, MD 20892, (301) 435– Time: 4 p.m. to 6 p.m. Name of Committee: Center for Scientific 2507, [email protected]. Agenda: To review and evaluate grant Review Special Emphasis Panel, Cognition This notice is being published less than 15 applications. and Perception Reviews. days prior to the meeting due to the timing Place: Courtyard by Marriott Downtown Date: October 28, 2005. limitations imposed by the review and Silver Spring, 8506 Fenton Street, Silver Time: 8 a.m. to 10 a.m. funding cycle. Spring, MD 20910. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Michael A. Lang, PhD, applications. Review Special Emphasis Panel, Pregnancy. Scientific Review Administrator, Center for Place: The Hotel Rouge, 1315 16th St. NW., Date: November 1, 2005. Scientific Review, National Institutes of Washington, DC 20036. Time: 10 a.m. to 12 p.m. Health, 6701 Rockledge Drive, Room 4140, Contact Person: Dana Jeffrey Plude, PhD, Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for applications. 1265, [email protected]. Scientific Review, National Institutes of Place: National Institute of Health, 6701 This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 3192, Rockledge Drive, Bethesda, MD 20892, days prior to the meeting due to the timing MSC 7848, Bethesda, MD 20892, 301–435– (Telephone Conference Call). limitations imposed by the review and 2309, [email protected]. Contact Person: Dennis Leszczynski, PhD, funding cycle. This notice is being published less than 15 Scientific Review Administrator, Center for Name of Committee: Center for Scientific days prior to the meeting due to the timing Scientific Review, National Institutes of Review Special Emphasis Panel, Topics in limitations imposed by the review and Health, 6701 Rockledge Drive, Room 6170, Virology. funding cycle. MSC 7892, Bethesda, MD 20892, (301) 435– Date: October 26, 2005. Name of Committee: Center for Scientific 1044, [email protected]. Time: 7 p.m. to 9 p.m. Review Special Emphasis Panel, Genomic This notice is being published less than 15 Agenda: To review and evaluate grant Analysis of Amplicon Structure. days prior to the meeting due to the timing applications. Date: October 28, 2005. limitations imposed by the review and Place: Holiday Inn Select, 480 King Street, Time: 4:30 p.m. to 6:30 p.m. funding cycle. Alexandria, VA 22314. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Joseph D. Mosca, PhD, applications. Review Special Emphasis Panel, Member Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Conflict: Bioengineering. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Date: November 1, 2005. Mental Health, 6701 Rockledge Drive, Room (Telephone Conference Call). Time: 11 a.m. to 1 p.m. 5158, MSC 7808, Bethesda, MD 20892, (301) Contact Person: Eva Petrakova, PhD, MPH, Agenda: To review and evaluate grant 435–2344, [email protected]. Scientific Review Administrator, Center for applications and/or proposals.
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Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific This notice is being published less than 15 Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel, Member days prior to the meeting due to the timing Avenue, Bethesda, MD 20814. Conflicts: GMPB. limitations imposed by the review and Contact Person: Aftab A. Ansari, PhD, Date: November 1, 2005. funding cycle. Health Scientist Administrator, Center for Time: 2 p.m. to 4 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, Adolescent Health, 6701 Rockledge Drive, Room 4108, applications. Obesity and Eating Behavior. MSC 7814, Bethesda, MD 20892, 301–594– Place: National Institutes of Health, 6701 Date: November 2, 2005. 6376, [email protected]. Rockledge Drive, Bethesda, MD 20892 Time: 10 a.m. to 11 a.m. This notice is being published less than 15 (Telephone Conference Call). Agenda: To review and evaluate grant days prior to the meeting due to the timing Contact Person: Patricia Greenwel, PhD, applications. limitations imposed by the review and Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 funding cycle. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 2174, Name of Committee: Center for Scientific (Telephone Conference Call). MSC 7818, Bethesda, MD 20892, 301–435– Contact Person: Michael Micklin, PhD, Review Special Emphasis Panel, Member 1169, [email protected]. Conflict: Imaging of Tumor Hypoxia Chief, RPHB IRG, Center for Scientific This notice is being published less than 15 Review, National Institutes of Health, 6701 Date: November 1, 2005. days prior to the meeting due to the timing Rockledge Drive, Room 3136, MSC 7759, Time: 11 a.m. to 12 p.m. limitations imposed by the review and Bethesda, MD 20892, (301) 435–1258, Agenda: To review and evaluate grant funding cycle. [email protected]. applications. Name of Committee: Center for Scientific This notice is being published less than 15 Place: National Institutes of Health, 6701 days prior to the meeting due to the timing Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel, Substance Abuse and Food Intake Interventions. limitations imposed by the review and (Telephone Conference Call). funding cycle. Contact Person: Sharon K. Gubanich, PhD, Date: November 1, 2005. Scientific Review Administrator, Center for Time: 2:30 p.m. to 3:30 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Scientific Review, National Institutes of Review Special Emphasis Panel, ZRG1 DIG– applications. F(02) Member Conflict. Health, 6701 Rockledge Drive, Room 6204, Place: National Institutes of Health, 6701 Date: November 2, 2005. MSC 7804, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, Time: 10:30 a.m. to 12:30 p.m. 1767, [email protected]. (Telephone Conference Call). Agenda: To review and evaluate grant This notice is being published less than 15 Contact Person: Elisabeth Koss, PhD, applications. days prior to the meeting due to the timing Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 limitations imposed by the review and Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, funding cycle. Health, 6701 Rockledge Drive, Room 3028C, (Telephone Conference Call). Name of Committee: Center for Scientific MSC 7759, Bethesda, MD 20892 (301) 435– Contact Person: Rass M. Shayiq, PhD, Review Special Emphasis Panel, Tissue 1235, [email protected]. Scientific Review Administrator, Center for Engineeering Bioengineering Research This notice is being published less than 15 Scientific Review, National Institutes of Partnerships PAR 04–023. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 2182, Date: November 1, 2005. limitations imposed by the review and MSC 7818, Bethesda, MD 20892, (301) 435– Time: 1 p.m. to 4 p.m. funding cycle. 2359, [email protected]. Agenda: To review and evaluate grant Name of Committee: Center for Scientific This notice is being published less than 15 applications. Review Special Emphasis Panel, Genes, days prior to the meeting due to the timing Place: Hyatt Regency Bethesda, One Genomes and Genetics Shared limitations imposed by the review and Bethesda Metro Center, 7400 Wisconsin Instrumentation. funding cycle. Avenue, Bethesda, MD 20814. Date: November 1–2, 2005. Name of Committee: Center for Scientific Contact Person: Jean D. Sipe, PhD, Time: 7 p.m. to 3 p.m. Review Special Emphasis Panel, Immune Scientific Review Administrator, Center for Agenda: To review and evaluate grant Response to Tuberculosis Antigens. Scientific Review, National Institutes of applications. Date: November 2, 2005. Health, 6701 Rockledge Drive, Room 4106, Place: Bethesda, Marriott Suites, 6711 Time: 11 p.m. to 12 p.m. MSC 7814, Bethesda, MD 20892, 301/435– Democracy Boulevard, Bethesda, MD 20817. Agenda: To review and evaluate grant 1743, [email protected]. Contact Person: Barbara J. Thomas, PhD, applications. This notice is being published less than 15 Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 days prior to the meeting due to the timing Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, limitations imposed by the review and Health, 6701 Rockledge Drive, Room 2220, (Telephone Conference Call). funding cycle. MSC 7890, Bethesda, MD 20892, 301–435– Contact Person: Betty Hayden, PhD, Name of Committee: Center for Scientific 0603, [email protected]. Scientific Review Administrator, Center for Review Special Emphasis Panel, ZRG1 ONC– This notice is being published less than 15 Scientific Review, National Institutes of P (03)M: Chemoprevention of Colon days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4206, Carcinogenesis. limitations imposed by the review and MSC 7812, Bethesda, MD 20892, (301) 435– Date: November 1, 2005. funding cycle. 1223, [email protected]. Time: 1 p.m. to 2 p.m. Name of Committee: Center for Scientific This notice is being published less than 15 Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 F01– days prior to the meeting due to the timing applications. R (20) L: Brain Disorders and Clinical limitations imposed by the review and Place: National Institutes of Health, 6701 Neuroscience Fellowships. funding cycle. Rockledge Drive, Bethesda, MD 20892, Date: November 2–3, 2005. Name of Committee: Center for Scientific (Telephone Conference Call). Time: 8 a.m. to 6 p.m. Review Special Emphasis Panel, Member Contact Person: Zhiqiang Zou, MD, PhD, Agenda: To review and evaluate grant Conflicts: Motor Systems Scientific Review Administrator, Center for applications. Date: November 2, 2005. Scientific Review, National Institutes of Place: Holiday Inn Select Bethesda, 8120 Time: 1 p.m. to 2:30 p.m. Health, 6701 Rockledge Drive, Room 6190, Wisconsin Ave, Bethesda, MD 20814. Agenda: To review and evaluate grant MSC 7804, Bethesda, MD 20892, 301–451– Contact Person: Rossana Berti, PhD, applications. 0132, [email protected]. Scientific Review Administrator, Centre for Place: National Institutes of Health, 6701 This notice is being published less than 15 Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 3015–G, (Telephone Conference Call). limitations imposed by the review and MSC 7846, Bethesda, MD 20892, 301–402– Contact Person: Christine L. Melchior, funding cycle. 6411, [email protected]. PhD, Scientific Review Administrator, Center
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for Scientific Review, National Institutes of Date: November 2, 2005. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5176, Time: 3 p.m. to 5 p.m. Review Special Emphasis Panel, AG05–008 MSC 7844, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Biology of Perimenopause. 1713, [email protected]. applications. Date: November 3, 2005. This notice is being published less than 15 Place: Bethesda Marriott Suites, 6711 Time: 8 a.m. to 6 p.m. days prior to the meeting due to the timing Democracy Boulevard, Bethesda, MD 20817. Agenda: To review and evaluate grant limitations imposed by the review and Contact Person: Barbara J. Thomas, PhD, applications. funding cycle. Scientific Review Administrator, Center for Place: Holiday Inn Select Bethesda, 8120 Name of Committee: Center for Scientific Scientific Review, National Institutes of Wisconsin Ave., Bethesda, MD 20814. Review Special Emphasis Panel, Member Health, 6701 Rockledge Drive, Room 2220, Contact Person: Ralph Paxton, PhD, Conflict: Bioengineering, Technology, and MSC 7890, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Surgical Sciences. 0603, [email protected]. Scientific Review, National Institutes of Date: November 2, 2005. This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 6046C, Time: 2 p.m. to 4 p.m. days prior to the meeting due to the timing MSC 7892, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant limitations imposed by the review and 1049, [email protected]. applications. funding cycle. This notice is being published less than 15 days prior to the meeting due to the timing Place: National Institutes of Health, 6701 Name of Committee: Oncological Sciences limitations imposed by the review and Rockledge Drive, Bethesda, MD 20892, Integrated Review Group, Chemo/Dietary funding cycle. (Telephone Conference Call). Prevention Study Section. Contact Person: Roberto J. Matus, MD, Date: November 2–4, 2005. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Time: 5 p.m. to 5 p.m. Review Special Emphasis Panel, Scientific Review, National Institutes of Agenda: To review and evaluate grant Cardiovascular Sciences Small Business Health, 6701 Rockledge Drive, Room 5108, applications. Activities. MSC 7854, Bethesda, MD 20892, (301) 435– Place: Renaissance Harborplace Hotel, 202 Date: November 3–4, 2005. 2204, [email protected]. East Pratt Street, Baltimore, MD 21202. Time: 8 a.m. to 5 p.m. This notice is being published less than 15 Contact Person: Sally A. Mulhern, PhD, Agenda: To review and evaluate grant days prior to the meeting due to the timing Scientific Review Administrator, Center for applications. limitations imposed by the review and Scientific Review, National Institutes of Place: Holiday Inn Select Bethesda, 8120 funding cycle. Health, 6701 Rockledge Drive, Room 6198, Wisconsin Ave., Bethesda, MD 20814. Name of Committee: Center for Scientific MSC 7804, Bethesda, MD 20892, (301) 435– Contact Person: Lawrence E. Boerboom, Ph.D., Scientific Review Administrator, Review Special Emphasis Panel, Member 5877, [email protected]. Center for Scientific Review, National Conflicts: CIGP and HBPP. This notice is being published less than 15 Institutes of Health, 6701 Rockledge Drive, Date: November 2, 2005. days prior to the meeting due to the timing Room 5156, MSC 7814, Bethesda, MD 20892, Time: 2 p.m. to 4 p.m. limitations imposed by the review and (301) 435–8367, [email protected]. Agenda: To review and evaluate grant funding cycle. This notice is being published less than 15 applications. Name of Committee: Musculoskeletal, Oral days prior to the meeting due to the timing Place: National Institutes of Health, 6701 And Skin Sciences Integrated Review Group, limitations imposed by the review and Rockledge Drive, Bethesda, MD 20892, Musculoskeletal Rehabilitation Sciences funding cycle. (Telephone Conference Call). Study Section. Name of Committee: Health of the Contact Person: Patricia Greenwel, PhD, Date: November 2–4, 2005. Population Integrated Review Group, Scientific Review Administrator, Center for Time: 6 p.m. to 5 p.m. Epidemiology of Cancer Study Section. Scientific Review, National Institutes of Agenda: To review and evaluate grant Date: November 3–4, 2005. Health, 6701 Rockledge Drive, Room 2174, applications. Time: 8 a.m. to 4 p.m. MSC 7818, Bethesda, MD 20892, (301) 435– Place: Hilton Silver Spring, 8727 Colesville Agenda: To review and evaluate grant 1169, [email protected]. Road, Silver Spring, MD 20910. applications. This notice is being published less than 15 Contact Person: Jo Pelham, BA, Scientific Place: Harbor Magic, Admiral Fell Inn, 888 days prior to the meeting due to the timing Review Administrator, Center for Scientific South Broadway, Historic Fell’s Point, limitations imposed by the review and Review, National Institutes of Health, 6701 Baltimore, MD 21231. funding cycle. Rockledge Drive, Room 4102, MSC 7814, Contact Person: Denise Wiesch, PhD, Name of Committee: Center for Scientific Bethesda, MD 20892, (301) 435–1786, Scientific Review Administrator, Center for Review Special Emphasis Panel, Clinical [email protected]. Scientific Review, National Institutes of Neurophysiology, Devices and This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 3150, Neuroprosthetics/Brain Disorders and days prior to the meeting due to the timing MSC 7770, Bethesda, MD 20892, (301) 435– Clinical Neurosciences. limitations imposed by the review and 0684, [email protected]. Date: November 2, 2005. funding cycle. This notice is being published less than 15 Time: 2 p.m. to 3:30 p.m. Name of Committee: Center for Scientific days prior to the meeting due to the timing Agenda: To review and evaluate grant Review Special Emphasis Panel, Assays and limitations imposed by the review and applications. Methods Development. funding cycle. Place: National Institutes of Health, 6701 Date: November 2–3, 2005. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Time: 7:30 p.m. to 5 p.m. Review Special Emphasis Panel, Genes, (Telephone Conference Call). Agenda: To review and evaluate grant Genetics, Genomics, Fellowships. Contact Person: Vinod Charles, PhD, applications. Date: November 3–4, 2005. Scientific Review Administrator, Center for Place: The Holiday Inn Georgetown, 2101 Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Wisconsin Ave., NW., Washington, DC Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5196, 20012. applications. MSC 7846, Bethesda, MD 20892, (301) 435– Contact Person: Ping Fan, PhD, Scientific Place: Georgetown Suites, 1111 30th Street, 0902, [email protected]. Review Administrator, Center for Scientific NW., Washington, DC 20007. This notice is being published less than 15 Review, National Institutes of Health, 6701 Contact Person: Mary P. McCormick, PhD, days prior to the meeting due to the timing Rockledge Drive, Room 5154, MSC 7840, Scientific Review Administrator, Center for limitations imposed by the review and Bethesda, MD 20892, (301) 435–1740, Scientific Review, National Institutes of funding cycle. [email protected]. Health, 6701 Rockledge Drive, Room 2208, Name of Committee: Center for Scientific This notice is being published less than 15 MSC 7890, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel, Genes, days prior to the meeting due to the timing 1047, [email protected]. Genomes and Genetics High-End Shared limitations imposed by the review and This notice is being published less than 15 Instrumentation. funding cycle. days prior to the meeting due to the timing
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limitations imposed by the review and This notice is being published less than 15 Scientific Review, National Institutes of funding cycle. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4172, Name of Committee: Center for Scientific limitations imposed by the review and MSC 7806, Bethesda MD 20892, 301–435– Review Special Emphasis Panel, funding cycle. 1790, [email protected]. Fellowships: Cell Biology. Name of Committee: Cardiovascular This notice is being published less than 15 Date: November 3–4, 2005. Sciences Integrated Review Group, Clinical days prior to the meeting due to the timing Time: 8 a.m. to 5 p.m. and Integrative Cardiovascular Sciences limitations imposed by the review and Agenda: To review and evaluate grant Study Section. funding cycle. applications. Date: November 3–4, 2005. Name of Committee: Center for Scientific Place: The Watergate, 2650 Virginia Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, Infectious Avenue, NW., Washington, DC 20037. Agenda: To review and evaluate grant Disease, Reproductive Health, Asthma, Contact Person: Jonathan Arias, PhD, applications. Pulmonary Epidemiology: Quorum. Scientific Review Administrator, Center for Place: Marriott Pooks Hill Bethesda, 5151 Date: November 3–4, 2005. Scientific Review, National Institutes of Pooks Hill Road, Bethesda, MD 20814. Time: 8:30 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 5170, Contact Person: Russell T. Dowell, PhD, Agenda: To review and evaluate grant MSC 7840, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for applications. 2406, [email protected]. Scientific Review, National Institutes of Place: The Watergate, 2650 Virginia This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 4128, Avenue, NW., Washington, DC 20037. days prior to the meeting due to the timing MSC 7814, Bethesda MD 20892, (301) 435– Contact Person: Vonda K. Smith, PhD, limitations imposed by the review and 1850, [email protected]. Scientific Review Administrator, Center for funding cycle. This notice is being published less than 15 Scientific Review, National Institutes of Name of Committee: Center for Scientific days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4172, Review Special Emphasis Panel, Brain limitations imposed by the review and MSC 7806, Bethesda MD 20892, 301–435– Disorders and Clinical Neroscience Member funding cycle. 1251, [email protected]. Conflict. Name of Committee: Brain Disorders and This notice is being published less than 15 Date: November 3–4, 2005. Clinical Neuroscience Integrated Review days prior to the meeting due to the timing Time: 8 a.m. to 5 p.m. Group, Developmental Brain Disorders Study limitations imposed by the review and Agenda: To review and evaluate grant Section. funding cycle. applications. Date: November 3–4, 2005. Name of Committee: Immunology Place: Holiday Inn Chevy Chase, 5520 Time: 8 a.m. to 5 p.m. Integrated Review Group, Vaccines Against Wisconsin Avenue, Chevy Chase, MD 20815. Agenda: To review and evaluate grant Microbial Diseases. Contact Person: Suzan Nadi, PhD, applications. Date: November 3–4, 2005. Scientific Review Administrator, Center for Place: The Watergate, 2650 Virginia Time: 8:30 a.m. to 5 p.m. Scientific Review, National Institutes of Avenue, NW., Washington, DC 20037. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5217B, Contact Person: Sherry L. Stuesse, PhD, applications. MSC 7846, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Place: Hyatt Regency Bethesda, One 1259, [email protected]. Scientific Review, National Institutes of Bethesda Metro Center, 7400 Wisconsin This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 5188, Avenue, Bethesda, MD 20814. days prior to the meeting due to the timing MSC 7846, Bethesda MD 20892, 301–435– Contact Person: Jian Wang, MD, PhD, limitations imposed by the review and 1758, [email protected]. Scientific Review Administrator Intern, funding cycle. This notice is being published less than 15 Center for Scientific Review, National Name of Committee: Center for Scientific days prior to the meeting due to the timing Institutes of Health, 6701 Rockledge Drive, Review Special Emphasis Panel, Neurotech/ limitations imposed by the review and Room 4198, MSC 7812, Bethesda MD 20892, Engineering. funding cycle. (301) 435–2778, [email protected]. Date: November 3, 2005. This notice is being published less than 15 Time: 8 a.m. to 6 p.m. Name of Committee: Cardiovascular days prior to the meeting due to the timing Agenda: To review and evaluate grant Sciences Integrated Review Group, Electrical limitations imposed by the review and applications. Signaling, Ion Transport, and Arrhythmias funding cycle. Place: Wyndham Washington, DC, 1400 M Study Section. Street, NW., Washington, DC 20005. Date: November 3–4, 2005. Name of Committee: Center for Scientific Contact Person: Robert C. Elliott, PhD, Time: 8:30 a.m. to 4 p.m. Review Special Emphasis Panel, Kidney, Scientific Review Administrator, Center for Agenda: To review and evaluate grant Nutrition, Obesity and Diabetes Scientific Review, National Institutes of applications. Epidemiology (KNOD). Health, 6701 Rockledge Drive, Room 3130, Place: Georgetown Suites, 1000 29th Street, Date: November 3–4, 2005. MSC 7850, Bethesda, MD 20892, (301) 435– NW., Washington, DC 2007. Time: 8:30 a.m. to 5 p.m. 3009, [email protected]. Contact Person: Rajiv Kumar, PhD, Agenda: To review and evaluate grant This notice is being published less than 15 Scientific Review Administrator, Center for applications. days prior to the meeting due to the timing Scientific Review, National Institutes of Place: Churchill Hotel, 1914 Connecticut limitations imposed by the review and Health, 6701 Rockledge Drive, Room 4122, Avenue, NW., Washington, DC 20009. funding cycle. MSC 7802, Bethesda MD 20892, 301–435– Contact Person: Christopher T Sempos, Name of Committee: Biology of 1212, [email protected]. PhD, Scientific Review Administrator, Center Development and Aging Integrated Review This notice is being published less than 15 for Scientific Review, National Institutes of Group, Aging Systems and Geriatrics Study days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 3146, Section. limitations imposed by the review and MSC 7770, Bethesda MD 20892, (301) 451– Date: November 3, 2005. funding cycle. 1329, [email protected]. Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific This notice is being published less than 15 Agenda: To review and evaluate grant Review Special Emphasis Panel, Chemistry/ days prior to the meeting due to the timing applications. Biophsics SBIR/STTR Panel. limitations imposed by the review and Place: Residence Inn Bethesda, 7335 Date: November 3–4, 2005. funding cycle. Wisconsin Avenue, Bethesda, MD 20814. Time: 8:30 a.m. to 5 p.m. Name of Committee: Center for Scientific Contact Person: Francois Boller, MD, PhD, Agenda: To review and evaluate grant Review Special Emphasis Panel, IFCN Scientific Review Administrator, Center for applications. Fellowships—Behavioral Neuroscience. Scientific Review, National Institutes of Place: The Fairmont Washington, DC, 2401 Date: November 3–4, 2005. Health, 6701 Rockledge Drive, Room 504Q, M Street, NW., Washington, DC 20037. Time: 9 a.m. to 5 p.m. MSC 7843, Bethesda MD 20892, 301–594– Contact Person: Vonda K. Smith, PhD, Agenda: To review and evaluate grant 6421, [email protected]. Scientific Review Administrator, Center for applications.
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Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific This notice is being published less than 15 Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel, Activity of days prior to the meeting due to the timing Avenue, Bethesda, MD 20814. Brain Stem Neurons. limitations imposed by the review and Contact Person: Richard Marcus, PhD, Date: November 3, 2005. funding cycle. Scientific Review Administrator, Center for Time: 1 p.m. to 2 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, BDCN Health, 6701 Rockledge Drive, Room 5168, applications. Member Conflict Panel-B. MSC 7844, Bethesda MD 20892, 301–435– Place: National Institutes of Health, 6701 Date: November 4, 2005. 1245, [email protected]. Rockledge Drive, Bethesda MD 20892, Time: 9 a.m. to 12:01 p.m. This notice is being published less than 15 (Telephone Conference Call). Agenda: To review and evaluate grant days prior to the meeting due to the timing Contact Person: Ai-Ping Zou, PhD, MD, applications. limitations imposed by the review and Scientific Review Administrator, Center for Place: Holiday Inn Chevy Chase, 5520 funding cycle. Scientific Review, National Institutes of Wisconsin Avenue, Chevy Chase, MD 20815. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4118, Contact Person: Suzan Nadi, PhD, Review Special Emphasis Panel, Member MSC 7814, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Conflict: Sensory Integration. 1777, [email protected]. Scientific Review, National Institutes of Date: November 3, 2005. This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 5217B, Time: 11 a.m. to 12 p.m. days prior to the meeting due to the timing MSC 7846, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant limitations imposed by the review and 1259, [email protected]. applications. funding cycle. This notice is being published less than 15 Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific days prior to the meeting due to the timing Rockledge Drive, Bethesda MD 20892, Review Special Emphasis Panel, Member limitations imposed by the review and (Telephone Conference Call). Conflicts: Stress and Drug Abuse. funding cycle. Contact Person: Bernard F. Driscoll, PhD, Date: November 3, 2005. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Time: 1 p.m. to 2:30 p.m. Review Emphasis Panel, Member Conflict: Scientific Review, National Institutes of Agenda: To review and evaluate grant Neurochemistry of Drug Abuse. applications. Date: November 4, 2005. Health, 6701 Rockledge Drive, Room 5184, Place: National Institutes of Health, 6701 Time: 1 p.m to 2:30 p.m. MSC 7844, Bethesda MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant 1242, [email protected]. (Telephone Conference Call). applications. This notice is being published less than 15 Contact Person: Christine L. Melchior, Place: National Institutes of Health, 6701 days prior to the meeting due to the timing PhD, Scientific Review Administrator, Center Rockledge Drive, Bethesda, MD 20892, limitations imposed by the review and for Scientific Review, National Institutes of (Telephone Conference Call). funding cycle. Health, 6701 Rockledge Drive, Room 5176, Contact Person: Christine L. Melchior, Name of Committee: Center for Scientific MSC 7844, Bethesda, MD 20892, (301) 435– PhD, Scientific Review Administrator, Center Review Special Emphasis Panel, 1777, [email protected]. for Scientific Review, National Institutes of Inflammation/Type 1 Diabetes—Role of This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 5176, Complement and Thymic Selection. days prior to the meeting due to the timing MSC 7844, Bethesda, MD 20892, (301) 435– Date: November 3, 2005. limitations imposed by the review and 1713, [email protected]. Time: 11 a.m. to 12:01 p.m. funding cycle. This notice is being published less than 15 Agenda: To review and evaluate grant Name of Committee: Center for Scientific days prior to the meeting due to the timing applications. Review Special Emphasis Panel, Member limitations imposed by the review and Place: National Institutes of Health, 6701 Conflicts: Stress and Drug Abuse. funding cycle. Rockledge Drive, Bethesda MD 20892, Date: November 3, 2005. Name of Committee: Center for Scientific (Telephone Conference Call). Time: 1 p.m. to 2:30 p.m. Review Emphasis Panel, Member Conflict: Contact Person: Samuel C. Edwards, PhD, Agenda: To review and evaluate grant Neural and Physiological Aspects of Speech Scientific Review Administrator, Center for applications. Production. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Date: November 4, 2005. Health, 6701 Rockledge Drive, Room 4200, Rockledge Drive, Bethesda, MD 20892, Time: 1:30 p.m. to 3:30 p.m. MSC 7812, Bethesda MD 20892, (301) 435– (Telephone Conference Call). Agenda: To review and evaluate grant 1152, [email protected]. Contact Person: Christine L. Melchior, applications. This notice is being published less than 15 PhD, Scientific Review Administrator, Center Place: National Institutes of Health, 6701 days prior to the meeting due to the timing for Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, limitations imposed by the review and Health, 6701 Rockledge Drive, Room 5176, (Telephone Conference Call). funding cycle. MSC 7844, Bethesda, MD 20892, (301) 435– Contact Person: Weijia Ni, PhD, Scientific Name of Committee: Center for Scientific 1713, [email protected]. Review Administrator, Center for Scientific Review Special Emphasis Panel, Role of This notice is being published less than 15 Review, National Institutes of Health, 6701 Structural Elements in AD and CCM days prior to the meeting due to the timing Rockledge Drive, Room 3190, MSC 7848, (for Neuropathogenesis limitations imposed by the review and overnight mail use room # and 20817 zip), Date: November 3, 2005. funding cycle. Bethesda, MD 20892, (301) 435–1507, Time: 1 p.m. to 2 p.m. Name of Committee: Center for Scientific [email protected]. Agenda: To review and evaluate grant Review Special Emphasis Panel, This notice is being published less than 15 applications. Endocrinology, Metabolism, Nutrition and days prior to the meeting due to the timing Place: National Institutes of Health, 6701 Reproductive Sciences Fellowship Panel. limitations imposed by the review and Rockledge Drive, Bethesda MD 20892, Date: November 3–4, 2005. funding cycle. (Telephone Conference Call). Time: 7 p.m. to 5 p.m. Name of Committee: Center for Scientific Contact Person: Carole L. Jelsema, PhD, Agenda: To review and evaluate grant Review Emphasis Panel, Member Conflicts: Chief and Scientific Review Administrator, applications. Behavioral Neuroscience. MDCN Scientific Review Group, Center for Place: Hyatt Regency Bethesda, One Date: November 4, 2005. Scientific Review, National Institutes of Bethesda Metrol Center, 7400 Wisconsin Time: 2 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4146, Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant MSC 7850, Bethesda MD 20892, (301) 435– Contact Person: Krish Krishnan, PhD, applications. 1248, [email protected]. Scientific Review Administrator, EMNR IRG, Place: Hyatt Regency Bethesda, One This notice is being published less than 15 Center for Scientific Review, National Bethesda Metro Center, 7400 Wisconsin days prior to the meeting due to the timing Institutes of Health, 6701 Rockledge Drive, Avenue, Bethesda, MD 20814. limitations imposed by the review and Room 6164, MSC 7892, Bethesda, MD 20892, Contact Person: Richard Marcus, PhD, funding cycle. (301) 435–1041, [email protected]. Scientific Review Administrator, Center for
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Scientific Review, National Institutes of Name of Committee: Oncological Sciences (SAMHSA) will publish a summary of Health, 6701 Rockledge Drive, Room 5168, Integrated Review Group, Clinical Oncology information collection requests under MSC 7844, Bethesda, MD 20892, 301–435– Study Section. OMB review, in compliance with the 1245, [email protected]. Date: November 6–8, 2005. Paperwork Reduction Act (44 U.S.C. This notice is being published less than 15 Time: 5 p.m. to 5 p.m. days prior to the meeting due to the timing Agenda: To review and evaluate grant Chapter 35). To request a copy of these limitations imposed by the review and applications. documents, call the SAMHSA Reports funding cycle. Place: Hyatt Regency Bethesda, One Clearance Officer on (240) 276–1243. Name of Committee: Center for Scientific Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel, Pain SBIR/ Avenue, Bethesda, MD 20814. Project: Drug Abuse Warning Network STTR SEP. Contact Person: John L. Meyer, PhD, (OMB No. 0930–0078)—Revision Date: November 4, 2005. Scientific Review Administrator, Center for Time: 2 p.m. to 5 p.m. Scientific Review, National Institutes of The Drug Abuse Warning Network Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6198, (DAWN) is an ongoing data system that applications. MSC 7804, Bethesda, MD 20892, (301) 435– collects information on drug-related Place: National Institutes of Health, 6701 1213, [email protected]. medical emergencies as reported from Rockledge Drive, Bethesda, MD 20892, This notice is being published less than 15 about 350 hospitals nationwide, and (Telephone Conference Call). days prior to the meeting due to the timing drug-related deaths as reported from 6 Contact Person: Bernard F. Driscoll, PhD, limitations imposed by the review and Scientific Review Administrator, Center for funding cycle. states and 135 medical examiners/ coroner jurisdictions (ME/C) in 35 Scientific Review, National Institutes of Name of Committee: Musculoskeletal, Oral Health, 6701 Rockledge Drive, Room 5184, and Skin Sciences Integrated Review Group, metropolitan areas. DAWN provides MSC 7844, Bethesda, MD 20892, (301) 435– Skeletal Biology Development and Disease national and metropolitan estimates of 1242, [email protected]. Study Section. substances involved with drug-related This notice is being published less than 15 Date: November 6–8, 2005. emergency department (ED) visits; days prior to the meeting due to the timing Time: 8 p.m. to 5 p.m. disseminates information about limitations imposed by the review and Agenda: To review and evaluate grant funding cycle. substances involved in deaths applications. investigated by participating medical Name of Committee: Center for Scientific Place: Holiday Inn Select, 480 King Street, Review Special Emphasis Panel, Drug Effects Alexandria, VA 22314. examiners and coroners (ME/Cs); tracks on Biobehavioral Regulation. Contact Person: Priscilla B. Chen, PhD, drug abuse patterns, trends, and the Date: November 4, 2005. Scientific Review Administrator, Center for emergence of new substances; monitors Time: 3 p.m. to 4 p.m. Scientific Review, National Institutes of post-market adverse drug incidents; Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4104, assesses health hazards associated with applications. MSC 7814, Bethesda, MD 20892, (301) 435– the use of illicit, prescription, and over- Place: National Institutes of Health, 6701 1787, [email protected]. the-counter drugs; and generates Rockledge Drive, Bethesda, MD 20892, This notice is being published less than 15 information for national and local drug (Telephone Conference Call). days prior to the meeting due to the timing Contact Person: Dana Jeffrey Plude, PhD, limitations imposed by the review and abuse policy and program planning. Scientific Review Administrator, Center for funding cycle. DAWN data are used by Federal, State, Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance and local agencies, as well as Health, 6701 Rockledge Drive, Room 3192, Program Nos. 93.306, Comparative Medicine; universities, pharmaceutical companies, MSC 7848, Bethesda, MD 20892, 301–435– 93.333, Clinical Research, 93.306, 93.333, 2309, [email protected]. and the media. 93.337, 93.393–93.396, 93.837–93.844, This notice is being published less than 15 93.846–93.878, 93.892, 93.893, National From 2006 to 2008, DAWN will days prior to the meeting due to the timing Institutes of Health, HHS) continue to recruit hospitals in the 13 limitations imposed by the review and oversampled metropolitan areas in order funding cycle. Dated: October 18, 2005. to improve the precision of estimates, Anthony M. Coelho, Jr., Name of Committee: Center for Scientific adding approximately 18 hospitals to Review Special Emphasis Panel, Oncogenesis Acting Director, Office of Federal Advisory the sample. In 2007 and 2008, DAWN and T-cell Lymphoblastic Leukemia. Committee Policy. plans to recruit approximately 20 more Date: November 4, 2005. [FR Doc. 05–21412 Filed 10–26–05; 8:45 am] Time: 4 p.m. to 5 p.m. ME/Cs from metropolitan areas that are Agenda: To review and evaluate grant BILLING CODE 4140–01–M currently profiled by DAWN, but have applications. incomplete participation. DAWN data Place: National Institutes of Health, 6701 are submitted electronically, using Rockledge Drive, Bethesda, MD 20892, DEPARTMENT OF HEALTH AND (Telephone Conference Call). HUMAN SERVICES eHERS (electronic Hospital Emergency Contact Person: Joanna M. Watson, PhD, Reporting System) and eMERS Scientific Review Administrator, Center for Substance Abuse and Mental Health (electronic Medical Examiner Reporting Scientific Review, National Institutes of Services Administration System). DAWN proposes that all Health, 6701 Rockledge Drive, Room 6046–G, facilities (EDs and ME/Cs) will start MSC 7804, Bethesda, MD 20892, 301–435– Agency Information Collection using the revised electronic forms for all 1048, [email protected]. Activities: Submission for OMB events occurring from 1/1/2006 forward. This notice is being published less than 15 Review; Comment Request days prior to the meeting due to the timing The annual burden estimates are shown limitations imposed by the review and Periodically, the Substance Abuse and below: funding cycle. Mental Health Services Administration
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ANNUALIZED REPORTING BURDEN FOR DAWN: 2006–2008
Burden Estimated hours where Estimated Total Number of number of time per Gross DAWN Activity responses burden contractor 1 adjusted respondents per response (in hours conducts burden respondent minutes) data collection
Emergency Departments
Chart review ...... 350 24,400 2 284,667 193,573 91,094 eHERS cases ...... 350 756 10 44,100 29,998 14,112 ED activity report ...... 350 12 2 140 95 45
Subtotal ...... 105,251
Medical Examiners/Coroners 2
Death records review ...... 104 1538 2.5 6,665 705 5,960 eMERS cases ...... 104 111 4 770 81 689 ME/C activity report ...... 104 12 2 42 4 38
Subtotal ...... 6,687
TOTAL ...... 454 ...... 111,938 1 Data collection for 238 EDs and 11 ME/Cs will be conducted by the DAWN contractor. Because there is no burden associated with these Field and Remote Reporters, their hours are deducted from the total burden. 2 Some medical examiner/coroner offices report for multiple jurisdictions. For this reason, the number of respondents is smaller than the num- ber of ME/C jurisdictions participating in DAWN.
Written comments and domestic passenger vessels. The study stability study and concurred with the recommendations concerning the will include an assessment of the NTSB that the standard weight per proposed information collection should potential impact on industry, identify person needs to be updated to account be sent by November 28, 2005 to: the regulations potentially requiring for the increase in the average weight of SAMHSA Desk Officer, Human change, develop a regulatory today’s population. Coast Guard current Resources and Housing Branch, Office implementation strategy and other work weight standards apply to all types of of Management and Budget, New associated with the implementation of passenger vessels. As a result, the Coast Executive Office Building, Room 10235, new passenger weight and size Guard’s evaluation of the weight Washington, DC 20503; due to potential standards. standard extends to all passenger vessel delays in OMB’s receipt and processing DATES: This notice is effective October types, as opposed to only pontoon of mail sent through the U.S. Postal 27, 2005. vessels. Service, respondents are encouraged to Recognizing that such a change could FOR FURTHER INFORMATION CONTACT: If submit comments by fax to: 202–395– have an impact on industry, the you have questions regarding this notice 6974. environment and its own operations, the of study, call William Peters, Office of Coast Guard decided to engage a Dated: October 24, 2005. Design and Engineering Standards (G– qualified consulting organization to Anna Marsh, MSE–2), Coast Guard, at 202–267–2988, perform an in-depth analysis. The Director, Office of Program Services. or send an e-mail to contracting process was initiated in June [email protected]. If you have [FR Doc. 05–21454 Filed 10–26–05; 8:45 am] 2005 and a contract was awarded on questions on viewing or submitting BILLING CODE 4162–20–P September 23, 2005. material to the docket, call Renee V. This one-year project will analyze the Wright, Program Manager, Docket impact of increasing passenger weight DEPARTMENT OF HOMELAND Operations, telephone 202–493–0402. and size on the domestic passenger SECURITY SUPPLEMENTARY INFORMATION: On March vessel industry and recommend the best 6, 2004, the small passenger pontoon means by which improved standards Coast Guard vessel M/V Lady D suddenly could be implemented. The project will [USCG–2005–22732] encountered high winds while be completed in two phases, and will underway and capsized in the Inner include the following elements: Impact Study: Increasing Passenger Harbor of Baltimore, MD, resulting in • Evaluate potential impacts to the Weight and Size on Passenger Vessels several injuries and fatalities. In the domestic passenger vessel fleet caused AGENCY: Coast Guard, Department of course of its investigation, the National by an increase in average passenger Homeland Security. Transportation Safety Board (NTSB) weight and size; issued Safety Recommendation M–04– • ACTION: Notice. Identify the degree of impact on 04, which recommended that the fleet segments; SUMMARY: The U.S. Coast Guard is assumed passenger weight used for • Identify and suggest changes to conducting a study of the potential simplified stability proof tests on existing regulations; impacts that would result from pontoon vessels be raised to more • Develop efficient implementation increasing the passenger weight and size accurately reflect the weight of today’s strategies; and regulatory standards used when population. The Coast Guard also • Provide assistance for the calculating the intact stability of identified this issue in its pontoon boat development of draft regulatory changes
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and associated regulatory analyses, Management and Budget (OMB) for collection described below. This notice including economic and environmental review, as required by the Paperwork is soliciting comments from members of analyses. Reduction Act. The Department is the public and affecting agencies Once the study is completed, we will soliciting public comments on the concerning the proposed collection of publish a notice in the Federal Register subject proposal. information to: (1) Evaluate whether the advising that the study’s results are This is a request for approval for a proposed collection of information is available and requesting public new questionnaire to aid HUD in necessary for the proper performance of comment. determining the qualifications of the functions of the agency, including To view documents mentioned in this prospective applicants to conduct whether the information will have preamble as well as other documents Uniform Physical Condition Standards practical utility; (2) Evaluate the being available in the docket, go to inspections. accuracy of the agency’s estimate of the http://dms.dot.gov at any time, click on DATES: Comments Due Date: November burden of the proposed collection of ‘‘Simple Search,’’ enter the last five 28, 2005. information; (3) Enhance the quality, digits of the docket number for this ADDRESSES: Interested persons are utility, and clarity of the information to notice, and click on ‘‘Search.’’ invited to submit comments regarding be collected; and (4) Minimize the Dated: October 14, 2005. this proposal. Comments should refer to burden of the collection of information Howard L. Hime, the proposal by name and/or OMB on those who are to respond; including Acting Director of Standards, Marine Safety, approval Number (2577–Pending) and through the use of appropriate Security and Environmental Protection. should be sent to: HUD Desk Officer, automated collection techniques or [FR Doc. 05–21560 Filed 10–26–05; 8:45 pm] Office of Management and Budget, New other forms of information technology, e.g., permitting electronic submission of BILLING CODE 4910–15–P Executive Office Building, Washington, DC 20503; fax: 202–395–6974. responses. FOR FURTHER INFORMATION CONTACT: This notice also lists the following DEPARTMENT OF HOUSING AND Wayne Eddins, Reports Management information: URBAN DEVELOPMENT Officer, AYO, Department of Housing Title of Proposal: Inspector Candidate and Urban Development, 451 Seventh Assessment Questionnaire. [Docket No. FR–4971–N–55] Street, SW, Washington, DC 20410; e- OMB Approval Number: 2577– _ mail Wayne [email protected]; or Pending. Notice of Submission of Proposed Lillian Deitzer at Form Numbers: None. Information Collection to OMB; [email protected] or Inspector Candidate Assessment telephone (202) 708–2374. This is not a Description of the Need for the Questionnaire toll-free number. Copies of available Information and its Proposed Use: AGENCY: Office of the Chief Information documents submitted to OMB may be This questionnaire aids HUD in Officer, HUD. obtained from Mr. Eddins or Ms Deitzer. determining the qualifications of prospective applicants to conduct ACTION: Notice. SUPPLEMENTARY INFORMATION: This notice informs the public that the Uniform Physical Condition Standards SUMMARY: The proposed information Department of Housing and Urban inspections. collection requirement described below Development has submitted to OMB a Frequency Of Submission: On has been submitted to the Office of request for approval of the information occasion.
Number of Annual × Hours per respondents responses response = Burden hours
Reporting Burden ...... 700 1 1 700
Total Estimated Burden Hours: 700. DEPARTMENT OF THE INTERIOR appointment, during normal business Status: New Collection. hours at the following location: U.S. Fish and Wildlife Service Fish and Wildlife Service, Anchorage Authority: Section 3507 of the Paperwork Fish and Wildlife Field Office, 605 W. Draft Recovery Plan for the Short- Reduction Act of 1995, 44 U.S.C. 35, as 4th Avenue, Anchorage, AK 99501 amended. Tailed Albatross (Phoebastria albatrus) (telephone: 907–271–2888). Requests for Dated: October 20, 2005. AGENCY: U. S. Fish and Wildlife Service, copies of the draft recovery plan should Wayne Eddins, Interior. be addressed to the Field Supervisor, at Departmental Paperwork Reduction Act ACTION: Notice of document availability the above Service address. An electronic Officer, Office of the Chief Information for review and comment. copy of the draft recovery plan is also Officer. available at http://endangered.fws.gov/ SUMMARY: We, the U.S. Fish and [FR Doc. E5–5958 Filed 10–26–05; 8:45 am] recovery/index.html#plans. Wildlife Service, announce the BILLING CODE 4210–72–P availability of the Draft Recovery Plan If you wish to comment, you may for the Short-tailed Albatross submit your comments and materials by (Phoebastria albatrus) for public review any one of the following methods: and comment. 1. You may submit written comments DATES: Comments on the draft recovery and information by mail to: Short-tailed plan must be received on or before Albatross Draft Recovery Plan December 27, 2005. Comments, U.S. Fish and Wildlife ADDRESSES: Copies of the draft recovery Service, 605 W. 4th Avenue, Anchorage, plan are available for inspection, by AK 99501.
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2. You may hand-deliver written regarding recovery plan implementation the 3-year running average growth rate comments and information to our may not necessarily result in changes to of the population as a whole is ≥6 Anchorage Fish and Wildlife Field the recovery plans, but will be percent for ≥7 years; and (3) at least Office, 605 W. 4th Avenue, Room G–62. forwarded to the appropriate Federal three successful breeding colonies (>5 3. You may fax your comments to agency or other entities so that they can breeding pairs each) exist, at least two 907–271–2786. take these comments into account of which occupy non-volcanic (or 4. You may send your comments by during the course of implementing extinct volcanic) islands. electronic mail (e-mail) to recovery actions. Individual responses [email protected]. Please to comments will not be provided. Delisting of the short-tailed albatross include ‘‘Attn: Short-tailed Albatross’’ The short-tailed albatross, the largest may be considered when: (1) The total in the beginning of your message, and of the three North Pacific albatross breeding population reaches a minimum do not use special characters or any species, is federally listed as of 1000 pairs; and (2) the 3-year running form of encryption. Electronic endangered. Prior to its exploitation, the average growth rate of the population as attachments in standard formats (such short-tailed albatross was likely the a whole is ≥6 percent for ≥7 years; and as .pdf or .doc) are acceptable, but most abundant of the three albatross (3) a total of at least 250 breeding pairs please name the software necessary to species in the North Pacific. Millions of exist on at least 2 non-volcanic islands; open any attachments in formats other these birds were harvested by feather and (4) a minimum of 10 percent of than those given above. Also, please hunters prior to and following the turn these (i.e. ≥25 pairs) occur on a site or include your name and return address of the 20th century, resulting in the sites other than the Senkaku Islands. In in your e-mail message (anonymous near-extirpation of the species by the addition, a post-delisting monitoring comments will not be considered). If mid-20th century. Presently, fewer than plan and agreement to continue post- you do not receive a confirmation from 2000 short-tailed albatrosses are known delisting monitoring must be in place the system that we have received your to exist. and ready for implementation at the The short-tailed albatross is known to e-mail message, please submit your time of delisting. Monitoring comments in writing using one of the breed on two remote islands in the western Pacific. Torishima, Japan, populations following delisting will alternate methods described above. In verify the ongoing recovery and the event that our internet connection is where the majority of short-tailed albatrosses breed, is an active volcano. conservation of the species and provide not functional, please submit your a means of assessing the continuing comments by the alternate methods The natural colony site on this island is effectiveness of management actions. mentioned above. also susceptible to mud slides and All comments and materials received erosion. A smaller colony exists in the Public Comments Solicited will be available for public inspection, Senkaku Islands, southwest of by appointment, during normal business Torishima, where volcanic eruption is Our practice is to make comments, hours at our Anchorage Fish and not a threat; however, political including names and home addresses of Wildlife Field Office at the above uncertainty and the potential for habitat respondents, available for public review address. alteration exist. Short-tailed albatrosses during regular business hours. apparently require remote islands for Individual respondents may request that FOR FURTHER INFORMATION CONTACT: Judy breeding habitat. They nest in open, Jacobs, U. S. Fish and Wildlife Biologist, we withhold their home address, which treeless areas with low, or no, we will honor to the extent allowable by at the above Service address. vegetation. The species also requires law. If you wish us to withhold your SUPPLEMENTARY INFORMATION: nutrient-rich areas of ocean upwelling name or address, you must state this Background for their foraging habitat. The major threat of over-exploitation request prominently at the beginning of Restoring endangered or threatened that led to the species’ original your comments. However, we will not animals and plants to the point where endangered status no longer occurs. The consider anonymous comments. To the they are again secure, self-sustaining Short-tailed Albatross Recovery Team extent consistent with applicable law, members of their ecosystems is a considers small population size, limited we will make all submissions from primary goal of our endangered species number of breeding sites, and potential organizations or businesses, and from program. Recovery planning is an volcanic eruptions to be the current individuals identifying themselves as integral component of endangered major threats to the species. Other representatives or officials of species conservation. Recovery plans threats include incidental catch in organizations or businesses, available describe actions considered necessary commercial fisheries, ingestion of for public inspection in their entirety. for the conservation and recovery of the plastics, contamination by oil and other species, establish criteria for pollutants, the potential for Authority downlisting or delisting them, and competition, predation, or habitat The authority for this action is section estimate time and costs for alteration associated with non-native 4(f) of the Endangered Species Act, 16 implementing the recovery measures species, and adverse effects related to U.S.C. 1533(f). needed. global climate change. Section 4(f) of the Endangered Species The international group of experts Dated: October 19, 2005. Act, (16 U.S.C. 1531 et seq.) requires comprising the Short-tailed Albatross Rowan Gould, that public notice, and an opportunity Recovery Team has unanimously agreed Regional Director, Region 7, U.S. Fish and for public review and comment, be that establishment of additional Wildlife Service. provided during recovery plan colonies on safe (i.e. not subject to [FR Doc. 05–21430 Filed 10–26–05; 8:45 am] development. We will consider all volcanic activity and protected) sites information received during the public will be a recovery prerequisite. BILLING CODE 4310–55–P comment period on each new or revised Downlisting to threatened may be recovery plan. Substantive technical considered when: (1) The total breeding comments may result in changes to a population of short-tailed albatrosses recovery plan. Substantive comments reaches a minimum of 750 pairs; and (2)
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DEPARTMENT OF THE INTERIOR Bureau Form Number: SF–299. West, Sixth Principal Meridian, Abstract: The Bureau of Land Colorado, which added the patented Bureau of Land Management Management uses the information to acreage value of Tract 39, that was [WO–350–1430–ER–24 1A; OMB Control issue rights-of-way grants to use a omitted from the June 20, 1985 plat Number 1004–0189] specific piece of the public lands for which created Tract 39, was accepted certain projects, such as roads, August 16, 2005. Information Collection Submitted to pipelines, transmission lines, and The supplemental plat which corrects the Office of Management and Budget communication sites. and supersedes the supplemental plat Under the Paperwork Reduction Act Frequency: Once. accepted April 19, 2005, which Description of Respondents: incorrectly depicted the mineral survey The Bureau of Land Management Individuals, partnerships, corporations, number of the Mayflower and Little Boy (BLM) has submitted the proposed associations, or other business entity Lodes in Township 48 North, Range 2 collection of information listed below to and any Federal, State or local East, Sec. 29, New Mexico Principal the Office of Management and Budget governmental entity including Meridian, Colorado, was accepted on (OMB) for approval under the municipal corporations seeking to July 27, 2005. provisions of the Paperwork Reduction obtain a rights-of-way grant. The plat and field notes of the Act (44 U.S.C. 3501 et seq.). On June 25, Estimated Completion Time: 25 dependent resurveys and surveys, 2004, the BLM published a notice in the hours. facilitating a land exchange in Federal Register (69 FR 35673) Annual Responses: 8,340. Township 1 North, Range 79 West, requesting comments on this proposed Average Application Processing Fee Sixth Principal Meridian, Colorado, was collection. The comment period ended Per Response: $311. accepted August 11, 2005. on August 24, 2004. The BLM received Annual Burden Hours: 208,500. The field notes, as depicted on two no comments. You may obtain copies of Bureau Clearance Officer: Ian Senio, plat-only plats, of the remonumentation the proposed collection of information (202) 452–5033. of certain corners was requested by the by contacting the BLM Information Dated: August 19, 2005. Geographic Coordinate Data Base Collection Clearance Officer at the Ian Senio, Program Manager, Washington Office, telephone number listed below. The OMB is required to respond to Bureau of Land Management, Information under BPA: NAB–000008, Task Order Collection Clearance Officer. this request within 60 days but may No. NAD–000095, in Townships 12 respond after 30 days. For maximum [FR Doc. 05–21439 Filed 10–26–05; 8:45 am] North, Ranges 68 and 69 West, Sixth consideration your comments and BILLING CODE 4310–84–M Principal Meridian, Colorado, were suggestions on the requirement should accepted on September 1, 2005. be made within 30 days directly to the The supplemental plat of section 20, DEPARTMENT OF THE INTERIOR 1 1 Office of Management and Budget, creating new Lot 111 in the NE ⁄4NE ⁄4 of Section 20, is based upon Mineral Interior Department Desk Officer (1004– Bureau of Land Management 0189), at OMB–OIRA via facsimile to Survey No. 19744, Roberta, Golden Rule, and Queen of the Valley approved (202) 395–6566 or e-mail to Colorado: Filing of Plats of Survey [email protected]. Please October 19, 1916, and the dependent provide a copy of your comments to the October 18, 2005. resurvey accepted March 13, 1963, in Bureau Information Collection Summary: The plats of survey of the Township 1 North, Range 71 West, Clearance Officer (WO–630), Bureau of following described land will be Sixth Principal Meridian, Colorado, was Land Management, Eastern States officially filed in the Colorado State requested by the Canon City Field Office Office, 7450 Boston Blvd., Springfield, Office, Bureau of Land Management, and was accepted on September 12, Virginia 22153. Lakewood, Colorado, effective 10 a.m., 2005. Nature of Comments: We specifically October 18, 2005. All inquiries should The plat and field notes, of the request your comments on the be sent to the Colorado State Office dependent resurvey and surveys was following: (CO–956), Bureau of Land Management, requested by the Uncompahgre Field 1. Whether the collection of 2850 Youngfield Street, Lakewood, Office, with the approval of the State information is necessary for the proper Colorado 80215–7093. Director, Colorado, in order to identify functioning of the BLM, including The plat (in two sheets) which public land boundaries and a portion of whether the information will have includes the field notes, and is the the Gunnison Gorge National practical utility; entire record of this survey of Tract 37, Conservation Area Boundary, in 2. The accuracy of the BLM’s estimate in suspended Township 44 North, Township 51 North, Range 9 West, New of the burden of collecting the Range 5 West, New Mexico Principal Mexico Principal Meridian, Colorado, information, including the validity of Meridian, Colorado, was accepted was accepted on September 28, 2005. the methodology and assumptions used; August 17, 2005. These plats and resurvey notes were 3. The quality, utility and clarity of The supplemental plat of section 24, requested by the Bureau of Land the information to be collected; and in Township 1 North, Range 72 West, Management for administrative and 4. How to minimize the burden of Sixth Principal Meridian, Colorado, management purposes. collecting the information on those who created new Lots 106, 107 and 108 in The plat and field notes of the are to respond, including the use of the NW1⁄4NW1⁄4 of Section 24, and is dependent resurveys and surveys appropriate automated, electronic, based upon the boundaries of the requested by the USDA Forest Service, mechanical, or other forms of Whitedare unpatented Mining Claim, Medicine Bow-Routt National Forests, information technology. CMC–115653, as defined by the through the State Director, Colorado, in Title: Application for Transportation dependent resurvey accepted August 20, order to identify the National Forest and Utility Systems and Facilities on 2003, was accepted August 16, 2005. boundaries in Township 6 North, Range Federal Lands (43 CFR Parts 2800 and The supplemental plat of Tract 39, 77 West, Sixth Principal Meridian, 2880). patented April 3, 1986, Patent No. 05– Colorado, was accepted on August 24, OMB Control Number: 1004–0189. 86–0022 in Township 1 North, Range 72 2005.
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The plat and field notes of the requested by the Ute Mountain Ute opinions to the Secretary of Commerce dependent resurvey and survey Indian Tribe, through the Bureau of on or before November 15, 2005.) requested by the Regional Director of Indian Affairs, Albuquerque, New 6. Outstanding action jackets: None. Lands, Rocky Mountain Region, USDA, Mexico, with the approval of the State In accordance with Commission Forest Service, through the State Director, Colorado, in order to identify policy, subject matter listed above, not Director, Colorado, in order to identify the reservation boundaries, was disposed of at the scheduled meeting, the National Forest boundaries for accepted September 7, 2005. 8,404.14 may be carried over to the agenda of the management purposes in Township 10 acres are included in this original following meeting. North, Ranges 73 and 74 West, Sixth survey. Issued: October 21, 2005. Principal Meridian, Colorado, were Randall M. Zanon, By order of the Commission. accepted on August 26, 2005. The plat (in 2 sheets), which is the Chief Cadastral Surveyor for Colorado. Marilyn R. Abbott, entire record, of the dependent resurvey [FR Doc. 05–21451 Filed 10–26–05; 8:45 am] Secretary to the Commission. and survey, requested by the Pike and BILLING CODE 4310–JB–P [FR Doc. 05–21587 Filed 10–25–05; 3:24 pm] San Isabel National Forests, through the BILLING CODE 7020–02–P State Director, Colorado, in order to locate certain forest service boundaries INTERNATIONAL TRADE that pertain to fuel reduction projects COMMISSION DEPARTMENT OF JUSTICE north of Gardner, CO., in Township 25 [USITC SE–05–036] South, Range 70 West, Sixth Principal Membership of the Senior Executive Meridian, Colorado, was accepted on Sunshine Act Meeting Service Standing Performance Review September 1, 2005. Boards The plat and field notes, of the AGENCY HOLDING THE MEETING: dependent resurvey and survey, was International Trade Commission. AGENCY: Department of Justice. requested by the Rocky Mountain TIME AND DATE: November 2, 2005 at 2 ACTION: Notice of Department of Region, USDA, Forest Service, through p.m. Justice’s standing members of the Senior the State Director, Colorado, in order to Executive Service Performance Review PLACE: Room 101, 500 E Street SW., identify the National Forest boundaries Boards. Washington, DC 20436, Telephone: for fuels reduction management (202) 205–2000. purposes in Township 5 South, Range SUMMARY: Pursuant to the requirements 72 West, Sixth Principal Meridian, STATUS: Open to the public. of 5 U.S.C. 4314(c)(4), the Department of Colorado, was accepted on September 7, MATTERS TO BE CONSIDERED: Justice announces the membership of its 2005. 1. Agenda for future meetings: None. 2005 Senior Executive Service (SES) The plats and field notes, representing 2. Minutes. Standing Performance Review Boards the dependent resurvey and surveys in 3. Ratification List. (PRBs). The purpose of the PRBs is to Townships 36 and 37 North, Range 14 4. Inv. Nos. 751–TA–28–29 (Certain provide fair and impartial review of SES West, New Mexico Principal Meridian, Frozen Warmwater Shrimp and Prawns performance appraisals, bonus Group 1391,Colorado, were accepted from India and Taiwan)—briefing and recommendations and pay adjustments. August 10, 2005. These surveys were vote. (The Commission is currently The PRBs will make recommendations requested by the Bureau of Indian scheduled to transmit its determination regarding the final performance ratings Affairs, with the approval of the State and Commissioners’ opinions to the to be assigned, SES bonuses and/or pay Director, Colorado, in order to identify Secretary of Commerce on or before adjustments to be awarded. the boundary of Ute Mountain Ute lands November 21, 2005.) FOR FURTHER INFORMATION CONTACT: for management purposes. 5. Inv. No. 731–TA–464 (Second Jeanne N. Raymos, Assistant Director, The plat and field notes, of the Review) (Sparklers from China)— Leadership Effectiveness Group, completion survey of Township 33 briefing and vote. (The Commission is Personnel Staff, Justice Management North, Range 19 West, New Mexico currently scheduled to transmit its Division, Department of Justice, Principal Meridian, Colorado, was determination and Commissioners’ Washington, DC 20530; (202) 616–3721.
DEPARTMENT OF JUSTICE 2005 SENIOR EXECUTIVE SERVICE PERFORMANCE REVIEW BOARD FEDERAL REGISTER NOTICE
Alcohol, Tobacco, Firearms, and Explosives: Bailey, Gregg D ...... Assistant Director (Science and Technology)/Chief Information Officer. Barrera, Hugo J ...... Deputy Assistant Director (Field Operations) East. Bouchard, Michael R ...... Assistant Director (Field Operations). Carter, Donnie A ...... Special Agent in Charge, Houston Field Division. Carter, Ronnie A ...... Special Agent in Charge, Dallas Field Division. Cavanaugh, James M ...... Division Director/Special Agent in Charge, Nashville Field Division. Chase, Richard E ...... Assistant Director (OI) (OPRSO) Office of Professional Responsibility and Security Oper- ations. Cureton, Linda Y ...... Deputy Assistant Director (Science & Technology). Domenech, Edgar Axel ...... Deputy Director. Ethridge, Michael W ...... Director (Lab Services). Ford, Wilfred L ...... Assistant Director (Public and Governmental Affairs). Harris, Gregory ...... Chief of Staff. Koett, Imelda M ...... Associate Chief Counsel (Litigation). Logan, Mark ...... Assistant Director (Training and Professional Development). Loos, Eleaner R ...... Associate CC (Admin/Ethics).
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DEPARTMENT OF JUSTICE 2005 SENIOR EXECUTIVE SERVICE PERFORMANCE REVIEW BOARD FEDERAL REGISTER NOTICE—Continued
Mathis, Steve L ...... Deputy Assistant Director, Training and Professional Development. McDermond, James E ...... Assistant Director, Office of Strategic Intelligence and Information. McMahon, William G., Jr ...... Division Director/Special Agent in Charge, New York. Moccia, Marguerite R ...... Assistant Director (Office of Management). Nelson, Walfred A ...... Deputy Assistant Director (Enforcement Program and Services). O’Brien, Virginia T ...... Assistant Director (Office of Strategic Intelligence and Information). Raden, Lewis P ...... Assistant Director (Enforcement Program and Services). Roehm, Jeffrey R ...... Deputy Assistant Director (OPRSO). Rubenstein, Stephen R ...... Chief Counsel. Stinnett, Melanie S ...... Deputy Chief Counsel. Torres, John A ...... Division Director/Special Agent in Charge, Los Angeles, California. Webb, James D ...... Deputy Assistant Director (Field OPS) West. Zammillo Sr, James A ...... Deputy Assistant Director (Industry OP). Antitrust Division: Barnett, Thomas O ...... Deputy Assistant Attorney General. Botti, Mark J ...... Chief Litigation I Section. Connolly, Robert E ...... Chief, Philadelphia Field Office. Davis, Nezida S ...... Chief, Atlanta Field Office. Familant, Norman ...... Chief, Economic Litigation Section. Giordano, Ralph T ...... Chief, New York Field Office. Goodman, Nancy M ...... Chief, Telecommunications and Media Section. Hammond, Scott D ...... Deputy Assistant Attorney General/Criminal Enforcement. Hand, Edward T ...... Chief Foreign Commerce Section. Hesse, Renata B ...... Chief, Networks and Technology Enforcement Section. Heyer, Kenneth ...... Director of Economics. King, Thomas D ...... Executive Officer. Kramer II, J. Robert ...... Director of Operations. Kursh, Gail ...... Deputy Director, Legal Policy. Masoudi, Gerald F ...... Deputy Assistant Attorney General. McDonald, John B ...... Deputy Assistant Attorney General. O’Sullivan, Catherine G ...... Chief, Appellate Section. Petrizzi, Maribeth ...... Chief, Litigation II Section. Phelan, Lisa M ...... Chief, National Criminal Enforcement Section. Potter, Robert A ...... Chief, Legal Policy Section. Price Jr., Marvin N ...... Chief, Chicago Office. Warren, Phillip H ...... Chief, San Francisco Field Office. Watson, Scott M ...... Chief, Cleveland Office. Bureau of Prisons: Adams, Vanessa P ...... Warden, Petersburg, Virginia. Anderson, Marty C ...... Warden, Rochester, Minnesota. Apker, Craig ...... Warden, Otisville, New York. Barron Jr, Jose ...... Warden, Marianna, Florida. Beeler Jr, Arthur F ...... Warden, Butner, North Carolina (Medical Ctr/New Med). Benov, Michael L ...... Senior Warden, Los Angeles, California. Beusse, Robin Litman ...... Senior Deputy Assistant Director for Administration. Bezy, Mark A ...... Warden, Terre Haute, Indiana. Bledsoe, Bryan A ...... Warden, Lee, West Virginia. Booker Jr, Joe W ...... Warden, Lexington, Kentucky. Callahan, Dennis M ...... Warden, Oklahoma City, Oklahoma. Compton, Bobby G ...... Warden, Lompoc, California. Conley, Joyce K ...... Senior Deputy Assistant Director of Correctional Programs Division. Dalius Jr, William F ...... Senior Deputy Assistant Director, Administration Division. Davis, Randy J ...... Warden, Marion, Illinois. De Rosa, Charles John ...... Warden, Phoenix, Arizona. Dodrill, D. Scott ...... Regional Director, Northeast Region. Drew, Darryl ...... Warden, Talladega, Alabama. Garrett, Michael W ...... Senior Deputy Assistant Director Program Review Division. Gunja, Joseph E ...... Regional Director, Western Region. Hastings, Suzanne R ...... Warden, Big Sandy, Kentucky. Haynes, Alfonso ...... Warden, Hazelton, West Virginia. Holder, Carlyle I ...... Warden, Coleman, Florida. Holt, Raymond E ...... Regional Director, Southeast Region. Jeter, Cole A ...... Warden, Fort Worth, Texas. Johns, Tracy ...... Warden, Coleman, Florida. Kane, Thomas R ...... Assistant Director, Information Policy, and Public Affairs Division. Kendall, Paul F ...... Senior Counsel/Legal Administrative. Kenney, Kathleen M ...... Assistant Director, Office of General Counsel. Laird, Paul M ...... Warden, Brooklyn, New York. Lamanna, John J ...... Warden, Edgefield, South Carolina. Lappin, Harley G ...... Director. Le Blanc Jr, Whitney I ...... Assistant Director for Human Resources Management.
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Lindsay, Cameron K ...... Warden, Waymart, Pennsylvania. Maldonado Jr, Gerardo ...... Warden, Atlanta, Georgia. McFadden, Robert E ...... Warden, Springfield, Missouri. Menifee, Fredrick ...... Warden, Polluck, Louisiana. Miner, Jonathan C ...... Warden, Fairton, New Jersey. Morrison, Marvin D ...... Warden, New York, New York. Nalley, Michael K ...... Regional Director, North Central Region. Nash Jr, John L ...... Warden, Fort Dix, New Jersey. Norwood, Joseph L ...... Warden, Victorville, California. Reese, Constance N ...... Warden, Beaumont, Texas. Sanders, Linda L ...... Warden, Forrest City, Arkansas. Sasser, Bruce Kent ...... Assistant Director for Administration. Schultz, Paul M ...... Warden, Atwater, California. Schwalb, Steven B ...... Assistant Director, Industries, Education and Vocational Training Division. Smith, Joseph V ...... Warden, Lewisburg, Pennsylvania. Stansberry, Patricia R ...... Warden, Butner, North Carolina. Stine, Donald L ...... Warden, McCreary, Kentucky. Thigpen Sr, Morris L ...... Director, National Institute of Corrections. Thompson, Ronald G ...... Regional Director, South Central Region. Thoms, Maryellen ...... Assistant Director, Health Services Division. Van Buren, Virginia L ...... Warden, Carswell, Texas. Vanyur, John M ...... Assistant Director, Correctional Programs Division. Vazquez, Jose M ...... Warden, Jesup, Georgia. White, Kim M ...... Regional Director, Middle Atlantic Region. Wiley, Ronnie ...... Warden, Florence, Colorado. Williamson, Troy W ...... Warden, Allenwood, Pennsylvania. Winn, David L ...... Warden, Fort Devens, Massachusetts. Young Jr, Joseph P ...... Warden, Oakdale, Louisiana. Zenk, Michael A ...... Senior Deputy Regional Director, Southeast Region. Civil Division: Allen, Gary W ...... Branch Director (Torts). Baxter, Felix V ...... Branch Director (Federal Programs). Bordeaux, Joann J ...... Deputy Branch Director (Torts). Branda, Joyce R ...... Deputy Branch Director (Commercial). Bruen Jr., James G ...... Special Litigation Counsel. Bucholtz, Jeffrey S ...... Deputy Assistant Attorney General. Cohen, David M ...... Branch Director (Commercial). Cohn, Jonathan F ...... Deputy Assistant Attorney General. Coppolino, Anthony J ...... Special Litigation Counsel (Federal Programs). Davidson, Jeanne E ...... Deputy Branch Director (Commercial). Eubanks, Sharon Y ...... Branch Director (Torts). Garren, Timothy Patrick ...... Branch Director (Torts). Garvey, Vincent Morgan ...... Deputy Branch Director (Federal Programs). Glynn, John Patrick ...... Branch Director (Torts). Hertz, Michael F ...... Branch Director (Commercial). Hollis, Robert Mark ...... Office Director (Special Litigation Counsel). Hunt, Joseph H ...... Branch Director (Federal Programs). Hussey, Thomas W ...... Director, Office of Immigration. Kanter, William G ...... Deputy Director (Appellate Staff). Katsas, Gregory G ...... Deputy Assistant Attorney General. Kinsella, James M ...... Deputy Director (Commercial). Kline, David J ...... Deputy Branch Director (Oil). Kohn, J. Christopher ...... Branch Director (Commercial). Kopp, Robert E ...... Director, Appellate Staff. Letter, Douglas N ...... Appellate Litigation Counsel. Lieber, Sheila M ...... Deputy Branch Director. Meron, Daniel ...... Principal Deputy Assistant Attorney General. Nichols, Carl J ...... Deputy Assistant Attorney General. O’Malley, Barbara B ...... Special Litigation Counsel. Pyles, Phyllis J ...... Branch Director (Torts). Rivera, Jennifer D ...... Branch Director (Federal Programs). Schiffer, Stuart E ...... Deputy Assistant Attorney General. Spooner, Sandra P ...... Deputy Branch Director (Commercial). Sterrn, Mark B ...... Appellate Litigation Counsel. Thirolf, Eugene M ...... Director, Office of Consumer Litigation. Zwick, Kenneth L ...... Director of Management Programs. Community Oriented Policing Services: Peed, Carl R ...... Director. Criminal Division: Alexandre, Carl ...... Director, OPDAT. Bianco, Joseph F ...... Deputy Assistant Attorney General.
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DEPARTMENT OF JUSTICE 2005 SENIOR EXECUTIVE SERVICE PERFORMANCE REVIEW BOARD FEDERAL REGISTER NOTICE—Continued
Dion, John J ...... Chief, Counterespionage Section. Edelman, Ronnie L ...... Deputy Chief, Counterterrorism Section. Gangloff, Joseph E ...... Senior Counsel, Office of International Affairs. Glazer, Sidney ...... Senior Appellate Counsel. Goldberg, Stuart M ...... Deputy Chief for Litigation, Public Integrity Section. Hillman, Noel L ...... Chief, Public Integrity Section. Hochberg, Joshua R ...... Chief, Fraud Section. Jones, Joseph M ...... Chief of International Training and Development. Keeney, John C ...... Deputy Assistant Attorney General. Killion, Maureen H ...... Senior Associate Director. McHenry, Teresa L ...... Chief, Domestic Security Section. McNally, Edward E ...... Senior Counsel. O’Brien, Patrick M ...... Counsel to the Assistant Attorney General. Ohr, Bruce G ...... Chief, Organized Crime & Racketeering Section. O’Neil, Catherine M ...... Director, OCDETF. Oosterbaan, Andrew ...... Chief, Child Exploitation and Obscenity Section. Parent, Steven J ...... Executive Officer. Parsky, Laura Haas ...... Deputy Assistant Attorney General. Radek, Lee J ...... Senior Counsel, Asset Forfeiture and Money Laundering Section. Reynolds, James S ...... Senior Counsel to the Assistant Attorney General. Richard, Mark M ...... Senior Counsel. Richter, John C ...... Principal Deputy Assistant Attorney General and Chief of Staff. Rogers, Richard M ...... Senior Counsel to the Assistant Attorney General. Rosenbaum, Eli M ...... Director, Office of Special Investigations. Sabin, Barry M ...... Chief, Counter Terrorism Section. Samuels, Julie E ...... Director, Office of Policy & Legislation. Snow, Thomas G ...... Deputy Director, Office of International Affairs. Stansell Gamm, Martha J ...... Chief, Computer Crime & Intellectual Property Section. Stemler, Patty Merkamp ...... Chief, Appellate Section. Swartz, Bruce Carlton ...... Deputy Assistant Attorney General. Warlow, Mary Ellen ...... Director, Office of International Affairs. Warren, Mary Lee ...... Deputy Assistant Attorney General. Weber, Richard M ...... Chief, Asset Forfeiture and Money Laundering Section. Civil Rights Division: Baldwin, Katherine A ...... Deputy Special Counsel. Brown Cutlar, Shanetta Y ...... Chief, Special Litigation Section. Flynn, David K ...... Chief, Appellate Section. Friedlander, Merrily A ...... Chief, Coordination & Review Section. Glassman, Jeremiah ...... Chief, Educational Opportunities. Greene, Irva D ...... Executive Officer. Kim, Wan J ...... Deputy Assistant Attorney General. King, Loretta ...... Deputy Assistant Attorney General. Moskowitz, Albert N ...... Chief, Criminal Section. Palmer, David J ...... Chief, Employment Litigation Section. Rosenbaum, Steven H ...... Chief, Housing and Civil Enforcement. Schlozman, Bradley J ...... Principal Deputy Assistant Attorney General. Tanner, John K ...... Chief, Voting Section. Wodatch, John L ...... Chief, Disability Rights Section. Environment and Natural Resources Divisions: Alexander, Samuel C ...... Chief, Indian Resources Section. Bruffy, Robert L ...... Executive Officer. Butler, Virginia P ...... Chief, Land Acquisition Section. Cruden, John C ...... Deputy Assistant Attorney General. Disheroon, Fred R ...... Special Litigation Counsel. Emrich, Andrew C ...... Counsel to the Assistant Attorney General. Fisherow, W. Benjamin ...... Deputy Chief, Environment Enforcement. Gelber, Bruce S ...... Chief, Environmental Enforcement. Grishaw, Letitia J ...... Chief, Environmental Defense Section. Haugrud, Kevin ...... Chief, General Litigation Section. Johnson, Kelly A ...... Deputy Assistant Attorney General. Kilbourne, James C ...... Chief, Appellate Section. McCabe, Catherine R ...... Deputy Chief, Environmental Enforcement Section. Milius, Pauline H ...... Chief, Law and Policy Section. Sobeck, Eileen ...... Deputy Assistant Attorney General. Stewart, Howard P ...... Senior Litigation Counsel. Uhlmann, David M ...... Chief, Environmental Crimes Section. Williams, Jean E ...... Chief, Wildlife & Marine Resources. Executive Office of Immigration Review: Creppy, Michael J ...... Chief Immigration Judge. Keller, Mary Beth ...... General Counsel. Nasca, Paula N ...... Associate Director.
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Ohlson, Kevin A ...... Deputy Director. Perkins, Jack ...... Director of Operations, Board of Immigration Appeals. Rooney, Kevin D ...... Director. Scialabba, Lori L ...... Chairman, Board of Immigration Appeals. Executive Office for the United States Attorneys: Bailie, Michael W ...... Director, Office of Legal Education. Battle, Michael A ...... Director. Bevels, Lisa A ...... Deputy Director, Financial Mgmt. Downs, David W ...... Deputy Director for Operations. Goolding, Monica M ...... Deputy Director. Sanford Jr., Lewis R ...... Chief Information Officer. Executive Office for United States Trustees: Miller, Jeffrey M ...... Associate Director. White III, Clifford J ...... Deputy Director. Justice Management Division: Allen, Michael H ...... Deputy Assistant Attorney General for Policy, Management, and Planning. Cinciotta, Linda A ...... Senior Counsel for Alternative Dispute Resolution. Corts, Paul R ...... Assistant Attorney General for Administration. Deacon, Ronald L ...... Director, Facilities and Administrative Services Staff. Defalaise, Louis ...... Director, Office of Attorney Recruitment and Management. Dessy, Blane K ...... Director, Library Staff. Duffy, Michael D ...... Director, E-Government Services Staff. Dunlap, James L ...... Director, Security and Emergency Planning Staff. Frisch, Stuart ...... General Counsel. Haggerty, Kathleen A ...... Director, Debt Collection Management Staff. Heretick, Dennis J ...... Director, Information Security Staff. Hitch, Vance E ...... Deputy Assistant Attorney General/Chief Information Officer. Holtgrewe, Kent L ...... Director, IT Policy and Planning Staff. Johnston, James W ...... Director, Procurement Services Staff. Lauria Sullens, Jolene A ...... Director, Budget Staff. Lindsey, Justin R ...... Chief Technology Officer. Lofthus, Leon J ...... Deputy Assistant Attorney General/Controller. McBurrows, Theodius ...... Director, Equal Employment Opportunity Staff. Morgan, Melinda B ...... Director, Finance Staff. Murray, John W ...... Director, Enterprise Solutions Staff. O’Leary, Karin ...... Deputy Director (Programs and Performance), Budget Staff. Orr, David Marshall ...... Director, Management and Planning Staff. Perez, Michael A ...... Director, Asset Forfeiture Management Staff. Santangelo, Mari Barr ...... Deputy Assistant Attorney General for Human Resources and Administration (CHCO). Schultz Jr., Walter H ...... Deputy Director, Budget Staff. Tomchek, Debra M ...... Director, Human Resources. National Drug Intelligence Center: Walther, Michael F ...... Director, National Drug Intelligence Center. Office of the Attorney General: Sampson, D. Kyle ...... Deputy Chief of Staff and Counselor to the Attorney General. Ullyot, Theodore W ...... Chief of Staff. Office of the Associate Attorney General: Gorsuch, Neil M ...... Principal Deputy Associate Attorney General. Henke, Tracy A ...... Deputy Associate Attorney General. Kessler, Elizabeth A ...... Deputy Associate Attorney General. Reyes, Luis A ...... Chief of Staff & Deputy Associate Attorney General. Swenson, Lily F ...... Deputy Associate Attorney General. Office of the Deputy Attorney General: Dhillon, Uttam S ...... Associate Deputy Attorney General. Margolis, David ...... Associate Deputy Attorney General. Monheim, Thomas A ...... Associate Deputy Attorney General. Nivala, Gregg R ...... Regime Crimes Liaison. Philbin, Patrick F ...... Associate Deputy Attorney General. Rosenberg, Charles P ...... Chief of Staff. Office of Federal Detention Trustee: Hylton, Stacia A ...... Federal Detention Trustee. Office of the Inspector General: Fortine Ochoa, Carol A ...... Assistant Inspector General for Oversight & Review. Martin, Paul K ...... Deputy Inspector General. McLaughlin, Thomas F ...... Assistant Inspector General for Investigation. Peters, Gregory T ...... Assistant Inspector General for Management & Planning. Price, Paul A ...... Assistant Inspector General, Evaluation and Inspection. Zimmerman, Guy K ...... Assistant Inspector General for Audit. Office of Information and Privacy: Huff, Richard L ...... Director (Policy & Admin Appeals). Metacalfe, Daniel J ...... Director (Policy & Lit).
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Office of Intergovernmental and Public Liaison: Roberts, Crystal M ...... Director. Office of Intelligence Policy and Review: Baker, James A ...... Counsel for Intelligence Policy. Bradley, Mark A ...... Deputy Counsel for Intelligence Policy. Kennedy, John Lionel ...... Deputy Counsel for Intelligence Law. Skelly Nolen, Margaret A ...... Deputy Counsel for Intelligence Operations. Office of Justice Programs: Daley, Cybele K ...... Deputy Assistant Attorney General. Feucht, Thomas E ...... Deputy Director, Research and Evaluation, NIJ. Fralick, Gerald L ...... Chief Information Officer. Greenhouse, Dennis E ...... Deputy Director, OVC. Hernandez, Nelson ...... Director, Community Capacity Development. Hightower, Carolyn A ...... Principal Deputy Director, OVC. Madan, Rafael A ...... General Counsel. McFarland, Steven T ...... Director, Faith-Based Task Force. Morgan, John S ...... Director, Office of Science and Technology, NIJ. Nolan, Cheryl C ...... Deputy Assistant Attorney General. Roberts, Marilyn M ...... Deputy Director, Programs, OJJDP. Schwimer, Cynthia J ...... Comptroller. Segerdahl-Ayers, Nancy Lynn ...... Director of Communications. Silver, Gary Neil ...... Director, Office of Administration. Burton, M. Faith ...... Special Counsel. Clinger, James H ...... Deputy Assistant Attorney General. Seidel, Rebecca S ...... Deputy Assistant Attorney General. Office of Legal Counsel: Boardman, Michelle ...... Deputy Assistant Attorney General. Bradbury, Steven G ...... Deputy Assistant Attorney General. Colborn, Paul P ...... Special Counsel. Hart, Rosemary A ...... Special Counsel. Koffsky, Daniel L ...... Special Counsel. Marshall C. Kevin ...... Deputy Assistant Attorney General. Office of Legal Policy: Hertling, Richard A ...... Principal Deputy Assistant Attorney General. Jones, Kevin Robert ...... Deputy Assistant Attorney General. McIntosh, Brent J ...... Deputy Assistant Attorney General. Remington, Kristi L ...... Deputy Assistant Attorney General. Office of the Pardon Attorney: Adams, Roger C ...... Pardon Attorney. Office of Professional Responsibility: Jarrett, H. Marshall ...... Counsel on Prof Responsibility. Wish, Judith B ...... Deputy Counsel on Prof Responsibility. Office of the Solicitor General: Dreeben, Michael R ...... Deputy Solicitor General. Hungar, Thomas G ...... Deputy Solicitor General. Kneedler, Edwin S ...... Deputy Solicitor General. Office of Violence Against Women: Bottner, Andrea G ...... Principal Deputy Director, Office of Violence Against Women. Office of Public Affairs: Scolinos, Tasia M ...... Director. Professional Responsibility Advisory Office: Flynn, Claudia Jeanne ...... Director, Professional Responsibility Advisory Office. Tax Division: Cimino, Ronald Allen ...... Chief, Criminal Enforcement Section, Western Region. Csontos, Stephen J ...... Special Litigation Counsel. Donohue, Dennis M ...... Senior Litigation Counsel. Fallon, Claire ...... Deputy Assistant Attorney General. Heald, Seth G ...... Chief, Civil Trial Section, Central Region. Hechtkopf, Alan ...... Chief, Criminal Appeals and Tax Enforcement Policy Section. Hofer, Patrick F ...... Deputy Assistant Attorney General. Hubbert, David A ...... Chief, Civil Trial Section, Eastern Region. Hytken, Louise P ...... Chief, Civil Trial Section, Southwest Region. Kearns, Michael J ...... Chief, Civil Trial Section, Southern Region. Morrison, Richard T ...... Deputy Assistant Attorney General. Mullarkey, Daniel P ...... Chief, Civil Trial Section, Northern Region. Paguni, Rosemary E ...... Chief, Criminal Enforcement Section, Northern Region. Rothenberg, Gilbert S ...... Chief, Appellate Section. Salad, Bruce M ...... Chief, Criminal Enforcement Section, Southern Region. Seidman, Mildred L ...... Chief, Claims Court Section. Watkins, Robert S ...... Chief, Civil Trial Section Western Region. Young, Joseph E ...... Executive Officer.
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United States Marshals Service: Auerbach, Gerald ...... General Counsel. Brown, Broadine M ...... Assistant Director for Management & Budget. Dolan, Edward ...... Chief Financial Officer. Farmer, Marc A ...... Assistant Director for Judicial Security. Finan II, Robert J ...... Assistant Director for Investigative Services. Gambatesa, Donald A ...... Deputy Director. Jones, Sylvester E ...... Assistant Director for Witness Security and Prisoner Operations. Litman, Diane C ...... Assistant Director for Information Technology. Mead, Gary E ...... Assistant Director for Business Services. Pearson, Michael A ...... Assistant Director for Executive Services. Pekarek, Kenneth L ...... Assistant Director for JPATS. Roderick Jr., Arthur D ...... Assistant Director for Operations Support. Smith, Suzanne D ...... Assistant Director of Human Resources. Sullivan, James M ...... Special Assistant.
Jeanne N. Raymos, Delinquency Prevention, 810 Seventh other applicant eligible to apply for and Executive Secretary, Senior Executive Street, NW., Washington, DC 20531; or receive the subject funding. Unless Resources Board. faxed to 202–307–2819. OJJDP receives from another eligible [FR Doc. 05–21357 Filed 10–26–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: entity an expression of interest in BILLING CODE 4410–AR–M Elissa Rumsey, Compliance Monitoring applying for the subject funding, this Coordinator, State Relations and publication shall serve as formal notice Assistance Division, Office of Juvenile of the issuance of the above described DEPARTMENT OF JUSTICE Justice and Delinquency Prevention, award to WCCA. Any such expressions of interest must be communicated in Office of Justice Programs 202–307–5924; e-mail: [email protected]. writing and received by OJJDP by [OJP (OJJDP) No. 1419] November 28, 2005. SUPPLEMENTARY INFORMATION: Title II, Any entity submitting an expression Notice of Proposed Award of Funds for Part B of the Juvenile Justice and of interest, in response to this Notice, Nonparticipating State Program, Delinquency Prevention Act of 2002 must provide the following information: Wyoming (JJDPA), 42 U.S.C. 5631–5633, makes formula grant funding available to the (1) Documentation of current and past AGENCY: Office of Juvenile Justice and states for the juvenile justice purposes experience with data collection and Delinquency Prevention, Office of set forth in 42 U.S.C. 5633(a). analysis pursuant to sections 223(a) Justice Programs, Justice. For states that choose not to submit a (11), (12), and (13) of the JJDPA; and ACTION: Notice of Intention to Award § 5633(a) plan or fail to submit such a demonstration of ability to maintain an Formula Grant Funds. plan, the Administrator of the Office of infrastructure to continue such Juvenile Justice and Delinquency collection and analysis. SUMMARY: The purpose of this Notice is (2) Data showing Wyoming’s rates of to announce the Office of Juvenile Prevention (OJJDP) is authorized to make available, to local public and compliance with sections 223(a) (11), Justice and Delinquency Prevention’s (12), and (13) of the JJDPA. intention to award formula grant funds, private nonprofit agencies within that under Section 221 of the Juvenile Justice state, formula funding for use in (3) Documentation of efforts towards and Delinquency Prevention Act, 42 carrying out the core requirement creating and implementing legislation U.S.C. 5633(d), to the Wyoming County activities specified in 42 U.S.C. and judicial policy related to sections Commissioner’s Association. These 5633(a)(11),(12),(13) and (22). The 223(a) (11), (12), and (13) of the JJDPA funds will be awarded on a non- purpose of this notice is to publish and related regulations. competitive basis, absent the OJJDP’s intent to make such an award, (4) Documentation of ability and submission of any expression of interest pursuant to the authority set forth in 42 experience in providing training and in the subject funding by another U.S.C. 5633(d). This publication is technical assistance to local law eligible entity. This publication is intended to comply with the enforcement and detention facility staff intended to comply with the requirements set forth in 42 U.S.C. regarding the relevant sections of the requirements set forth in 42 U.S.C. 5633(d) and 28 CFR 31.301(e). JJDPA. 5633(d) and 28 CFR 31.301(e). Authority: 42 U.S.C. 5633(d). Information provided in response to DATES: Expressions of Interest must be this Notice will be used by OJJDP to Notice: OJJDP hereby declares the determine whether or not it would be submitted in writing, and must be agency’s intention to award $1,229,950 received by OJJDP by November 28, appropriate to award the subject in FY 2003–04 formula grant funds, funding on a competitive basis. 2005. Postmark dates will not be available for the benefit of the State of accepted as proof of meeting the Wyoming, pursuant to 42 U.S.C. Dated: October 19, 2005. deadline. 5633(d), to the Wyoming County J. Robert Flores, ADDRESSES: All application packages Commissioner’s Association (WCCA). Administrator, Office of Juvenile Justice and should be mailed or delivered to the OJJDP issued an initial formula grant Delinquency Prevention. State Relations and Assistance Division, award to WCCA in FY 1998, and since [FR Doc. 05–21425 Filed 10–26–05; 8:45 am] Office of Juvenile Justice and that time has not been aware of any BILLING CODE 4410–18–P
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DEPARTMENT OF LABOR comments, please see the ‘‘Public ICR. The following is a brief description Participation’’ heading in the of the current collection of information Occupational Safety and Health SUPPLEMENTARY INFORMATION section of requirements contained in the Lead in Administration this document. Construction Standard. [Docket No. ICR 1218–0189(2006)] FOR FURTHER INFORMATION CONTACT: The purpose of the Lead in Todd Owen, Directorate of Standards Construction Standard and its Standard on Lead in Construction; and Guidance, OSHA, Room N–3609; information collection requirements is Extension of the Office of Management 200 Constitution Avenue, NW., to reduce occupation lead exposure in and Budget’s (OMB) Approval of Washington, DC 20210, telephone: (202) the construction industry. Lead Information Collection (Paperwork) 693–2222. exposure can result in both acute and Requirements SUPPLEMENTARY INFORMATION: chronic effects and can be fatal in severe cases of lead toxicity. Some of the AGENCY: Occupational Safety and Health I. Background health affects associated with lead Administration (OSHA), Labor. The Department of Labor, as part of its exposure include brain disorders which ACTION: Request for public comment. continuing effort to reduce paperwork can lead to seizures, coma, and death; and respondent (i.e., employer) burden, anemia; neurological problems; high SUMMARY: OSHA solicits public conducts a preclearance consultation blood pressure; kidney problems; comment concerning its request for an program to provide the public with an reproductive problems; and decreased extension of the information collection opportunity to comment on proposed red blood cell production. The Standard requirements contained in 29 CFR and continuing information collection requires that employers: establish and 1926.62. requirements in accordance with the maintain a training program; review the DATES: Comments must be submitted by Paperwork Reduction Act of 1995 compliance program annually; provide the following dates: (PRA–95) (44 U.S.C. 3506(c)(2)(A)). exposure-monitoring, and medical Hard copy: Your comments must be This program ensures that surveillance programs; and maintain submitted (postmarked or received) by information is in the desired format, exposure-monitoring and medical December 27, 2005. reporting burden (time and costs) is surveillance records. The records are Facsimile and electronic minimal, collection instruments are used by employees, physicians, transmission: Your comments must be clearly understood, and OSHA’s employers and OSHA to determine the received by December 27, 2005. estimate of the information collection effectiveness of the employer’s ADDRESSES: You may submit comments, burden is accurate. The Occupational compliance efforts. The Standard seeks identified by OSHA Docket No. ICR– Safety and Health Act of 1970 (the Act) to reduce disease by requiring exposure- 1218–0189(2006), by any of the (29 U.S.C. 651 et seq.) authorizes monitoring to determine if lead following methods: information collection by employers as exposures are too high, by requiring Regular mail, express delivery, hand necessary or appropriate for medical surveillance to determine if delivery, and messenger service: Submit enforcement of the Act or for developing employee blood lead levels are too high, your comments and attachments to the information regarding the causes and and by requiring treatment to reduce OSHA Docket Office, Room N–2625, prevention of occupational injuries, blood lead levels. U.S. Department of Labor, 200 illnesses, and accidents (29 U.S.C. 657). II. Special Issues for Comment Constitution Avenue, NW., Washington, On January 5, 2005, OSHA published OSHA has a particular interest in DC 20210; telephone (202) 693–2350 the Standards Improvement Project— comments on the following issues: (OSHA’s TTY number is (877) 889– Phase II, Final rule (70 FR 1112). The • final rule removed and revised Whether the proposed information 5627). OSHA Docket Office and collection requirements are necessary Department of Labor hours are 8:15 a.m. provisions of standards that were outdated, duplicative, unnecessary, or for the proper performance of the to 4:45 p.m., ET. Agency’s functions, including whether Facsimile: If your comments are 10 inconsistent and clarified or simplified regulatory language. The final rule the information is useful; pages or fewer in length, including • The accuracy of OSHA’s estimate of contained several revisions to attachments, you may fax them to the the burden (time and costs) of the collections of information contained in OSHA Docket Office at (202) 693–1648. information collection requirements, the Lead in Construction Standard.1 Electronic: You may submit including the validity of the These revisions included: allowing comments through the Internet at methodology and assumptions used; http://ecomments.osha.gov. Follow employers the option to post employee • The quality, utility, and clarity of instructions on the OSHA Web page for exposure-monitoring results instead of the information collected; and submitting comments. requiring individual notification and • Ways to minimize the burden on Docket: For access to the docket to updating compliance plans annually. employers who must comply; for read or download comments or Those changes reduced paperwork example, by using automated or other background materials, such as the burden hours while maintaining worker technological information collection complete Information Collection protection and improving consistency and transmission techniques. Request (ICR) (containing the among standards. The reductions in Supporting Statement, OMB–83–I Form, burden hours were taken in the prior III. Proposed Actions and attachments), go to OSHA’s Web OSHA proposes to request OMB’s page at http://www.OSHA.gov. In 1 OMB approved the reduction of 1,938 burden approval to extend the collection of hours after reviewing the Information Collection addition, the ICR, comments and Request for the Standards Improvement Project- information (paperwork) requirements submissions are available for inspection Phase-II Notice of Proposed Rulemaking, published necessitated by the Standard on Lead in and copying at the OSHA Docket Office October 31, 2002 (67 FR 66494). On January 5, Construction (29 CFR 1926.62). The at the address above. You may also 2005, when the Final rule was published (70 FR Agency will include this summary in its 1112) documentation was submitted to OMB contact Todd Owen at the address revising the reduction of 1,938 hours to 1,220 hours request to OMB to extend the approval below to obtain a copy of the ICR. For to reflect the decrease in time to conduct exposure of these collection of information additional information on submitting monitoring. requirements.
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Type of Review: Extension of Signed at Washington, DC, on October 21, attachments), go to OSHA’s Web page at currently approved information 2005. http://OSHA.gov. In addition, the ICR, collection requirements. Jonathan L. Snare, comments, and submissions are Title: Lead in Construction (29 CFR Acting Assistant Secretary of Labor. available for inspection and copying at 1962.62). [FR Doc. 05–21476 Filed 10–26–05; 8:45 am] the OSHA Docket Office at the address OMB Number: 1218–0189. BILLING CODE 4510–26–M above. You also may contact Theda Affected Public: Business or other for- Kenney at the address below to obtain profits; Federal Government; State, a copy of the ICR. For additional Local or Tribal Government. DEPARTMENT OF LABOR information on submitting comments, please see the ‘‘Public Participation’’ Frequency: On occasion. Occupational Safety and Health heading in the SUPPLEMENTARY Average Time Per Response: Varies Administration INFORMATION section of this document. from 1 minute (.02 hour) for a clerical FOR FURTHER INFORMATION CONTACT: employee to notify employees of their [Docket No. ICR 1218–0202 (2006)] Theda Kenney or Todd Owen, right to seek a second medical opinion Hazardous Waste Operations and Directorate of Standards and Guidance, to 8 hours to develop a compliance Emergency Response (HAZWOPER); OSHA, Room N–3609, 200 Constitution plan. Office of Management and Budget’s Avenue, NW., Washington, DC 20210, Estimated Total Burden Hours: (OMB) Approval of Information telephone: (202) 693–2222. 1,560,718. Collection (Paperwork) Requirements SUPPLEMENTARY INFORMATION: Estimated Cost (Operation and Maintenance): $68,576,683. AGENCY: Occupational Safety and Health I. Background Administration (OSHA), Labor. The Department of Labor, as part of its IV. Public Participation—Submission of ACTION: Request for public comment. Comments on This Notice and Internet continuing efforts to reduce paperwork Access to Comments and Submissions SUMMARY: OSHA solicits public and respondent (i.e., employer) burden, comment concerning its request for an conducts a preclearance consultation You may submit comments and extension of the information collection program to provide the public with an supporting materials in response to this requirements contained in its Standard opportunity to comment on proposed notice by (1) hard copy, (2) FAX on Hazardous Waste Operations and and continuing information collection transmission (facsimile), or (3) Emergency Response (HAZWOPER) (29 requirements in accordance with the electronically through the OSHA Web CFR 1910.120). Paperwork Reduction Act of 1995 page. Because of security-related DATES: Comments must be submitted by (PRA–95) (44 U.S.C. 3506(c)(2)(A)). problems, there may be a significant the following dates: This program ensures that delay in the receipt of comments by Hard copy. Your comments must be information is in the desired format, regular mail. Please contact the OSHA submitted (postmarked or received) by reporting burden (time and costs) is Docket Office at (202) 693–2350 (TTY) December 27, 2005. minimal, collection instruments are (877) 889–5627) for information about Facsimile and electronic clearly understood, and OSHA’s security procedures concerning the transmission. Your comments must be estimate of the information collection delivery of submissions by express received by December 27, 2005. burden is accurate. The Occupational delivery, hand delivery and courier ADDRESSES: You may submit comments, Safety and Health Act of 1970 (the Act) service. identified by OSHA Docket No. ICR– (29 U.S.C. 651 et seq.) authorizes All comments, submissions and 1218–0202 (2006), by any of the information collection by employers as background documents are available for following methods: necessary or appropriate for inspection and copying at the OSHA Regular mail, express delivery, hand enforcement of the Act or for developing Docket Office at the above address. delivery, and messenger service: Submit information regarding the causes and Comments and submissions posted on your comments and attachments in the prevention of occupational injuries, OSHA’s Web page are available at OSHA Docket Office, Room N–2625, illnesses, and accidents (29 U.S.C. 657). http://www.OSHA.gov. Contact the U.S. Department of Labor, 200 The standard specifies a number of OSHA Docket Office for information Constitution Avenue, NW., Washington, collection of information (paperwork) about materials not available through DC 20210; telephone (202) 693–2350 requirements. Employers can use the the OSHA Web page and for assistance (OSHA’s TTY number is (877) 889– information collected under the using the Web page to locate docket 5627). OSHA Docket Office and HAZWOPER rule to develop the various submissions. Electronic copies of this Department of Labor hours are 8:15 a.m. programs the standard requires and to Federal Register notice as well as other to 4:45 p.m., ET. ensure that their employees are trained relevant documents are available on Facsimile: If your comments are 10 properly about the safety and health OSHA’s Web page. Since all pages or fewer in length, including hazards associated with hazardous submissions become public, private attachments, you may fax them to the waste operations and emergency information such as social security OSHA Docket Office at (202) 693–1648. response to hazardous waste releases. numbers should not be submitted. Electronic: You may submit OSHA will use the records developed in response to this standard to find V. Authority and Signature comments through the Internet at http://ecomments.osha.gov. Follow adequate compliance with the safety Jonathan L. Snare, Acting Assistant instructions on the OSHA Web page for and health provisions. The employer’s Secretary of Labor for Occupational submitting comments. failure to collect and distribute the Safety and Health, directed the Docket: For access to the docket to information required in this standard preparation of this notice. The authority read or download comments or will affect significantly OSHA’s effort to for this notice is the Paperwork background materials, such as the control and reduce injuries and Reduction Act of 1995 (44 U.S.C. 3506 complete Information Collection fatalities. Such failure would also be et seq.), and Secretary of Labor’s Order Request (ICR)(containing the Supporting contrary to the direction Congress No. 5–2002 (67 FR 65008). Statement, OMB–83–I Form, and provided in Superfund Amendments
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and Reauthorization Act of 1986 (SARA) electronically through the OSHA Web General Industry Standard (29 CFR (Public Law 99–499). page. Because of security-related 1910.1025). problems, a significant delay may occur II. Special Issues for Comment DATES: Comments must be submitted by in the receipt of comments by regular the following dates: OSHA has a particular interest in mail. Please contact the OSHA Docket Hard copy: Your comments must be comments on the following issues: Office at (202) 693–2350 (TTY (877) • submitted (postmarked or received) by Whether the proposed information 889–5627) for information about December 27, 2005. collection requirements are necessary security procedures concerning the Facsimile and electronic for the proper performance of the delivery of submissions by express transmission: Your comments must be Agency’s functions, including whether delivery, hand delivery, and courier received by December 27, 2005. the information is useful; service. ADDRESSES: You may submit comments, • The accuracy of OSHA’s estimate of All comments, submissions and identified by OSHA Docket No. ICR– the burden (time and costs) of the background documents are available for 1218–0092 (2006), by any of the information collection requirements, inspection and copying at the OSHA following methods: including the validity of the Docket Office at the above address. Regular mail, express delivery, hand methodology and assumptions used; Comments and submissions posted on delivery, and messenger service: Submit • The quality, utility, and clarity of OSHA’s Web page are available at your comments and attachments to the the information collected; and http://www.OSHA.gov. Contact the OSHA Docket Office, Room N–2625, • Ways to minimize the burden on OSHA Docket Office for information U.S. Department of Labor, 200 employers who must comply; for about materials not available through Constitution Avenue, NW., Washington, example, by using automated or other the OSHA Web page and for assistance DC 20210; telephone (202) 693–2350 technological information collection using the Web page to locate docket (OSHA’s TTY number is (877) 889– and transmission techniques. submissions. 5627). OSHA Docket Office and III. Proposed Actions Electronic copies of this Federal Department of Labor hours are 8:15 a.m. Register notice, as well as other relevant OSHA is requesting that the Office of to 4:45 p.m., ET. documents, are available on OSHA’s Facsimile: If your comments are 10 Management and Budget (OMB) extend Web page. Since all submissions the approval of the collection of pages or fewer in length, including become public, private information such attachments, you may fax them to the information (paperwork) requirements as social security numbers should not be contained in the standard on Hazardous OSHA Docket Office at (202) 693–1648. submitted. Electronic: You may submit Waste Operations and Emergency comments through the Internet at http:// Response (HAZWOPER) (29 CFR V. Authority and Signature ecomments.osha.gov. Follow 1910.120). The Agency will summarize Jonathan L. Snare, Acting Assistant instructions on the OSHA Web page for the comments submitted in response to Security of Labor for Occupational submitting comments. this notice, and will include this Safety and Health, directed the Docket: For access to the docket to summary in its request to OMB to preparation of this notice. The authority read or download comments or extend the approval of the collection of for this notice is the Paperwork background materials, such as the information requirements contained in Reduction Act of 1995 (44 U.S.C. 3506 complete Information Collection the standard. et seq.), and Secretary of Labor’s Order Request (ICR) (containing the Type of Review: Extension of No. 5–2002 (67 FR 65008). Supporting Statement, OMB–83–I Form, currently approved information and attachments), go to OSHA’s Web collection requirements. Dated: Signed at Washington, DC, on October 21, 2005. page at http://www.OSHA.gov. In Title: Hazardous Waste Operations addition, the ICR, comments and and Emergency Response Jonathan L. Snare, submissions are available for inspection (HAZWOPER). Acting Assistant Secretary of Labor. and copying at the OSHA Docket Office OMB Number: 1218–0202. [FR Doc. 05–21477 Filed 10–26–05; 8:45 am] at the address above. You may also Affected Public: Business or other for- BILLING CODE 4510–26–M profits; not-for-profit organizations; contact Todd Owen at the address Federal government; State, local, or below to obtain a copy of the ICR. For tribal government. DEPARTMENT OF LABOR additional information on submitting Number of Respondents: 35,529. comments, please see the ‘‘Public Frequency of Response: On occasion. Occupational Safety and Health Participation’’ heading in the Total Responses: 1,199,402. Administration SUPPLEMENTARY INFORMATION section of Average Time Per Response: Varies this document. [Docket No. ICR–1218–0092 (2006)] from one minute (.02 hour) to maintain FOR FURTHER INFORMATION CONTACT: a certification record to 24 hours for Lead in General Industry Standard; Todd Owen, Directorate of Standards initial employee training. Extension of the Office of Management and Guidance, OSHA, Room N–3609, Estimated Total Burden Hours: and Budget’s (OMB) Approval of 200 Constitution Avenue, NW., 1,245,250. Information Collection (Paperwork) Washington, DC 20210, telephone: (202) Estimated Cost (Operation and Requirements 693–2222. Maintenance): $3,350,750. SUPPLEMENTARY INFORMATION: AGENCY: Occupational Safety and Health IV. Public Participation—Submission of Administration (OSHA), Labor. I. Background Comments on This Notice and Internet ACTION: Request for public comment. The Department of Labor, as part of its Access to Comments and Submissions continuing effort to reduce paperwork You may submit comments and SUMMARY: OSHA solicits public and respondent (i.e., employer) burden, supporting materials in response to this comment concerning its request for an conducts a preclearance consultation notice by (1) hard copy, (2) fax extension of the information collection program to provide the public with an transmission (facsimile), or (3) requirements contained in the Lead in opportunity to comment on proposed
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and continuing information collection of the training and information IV. Public Participation—Submission of requirements in accordance with the materials); recording medical removals; Comments on This Notice and Internet Paperwork Reduction Act of 1995 maintaining and transferring records of Access to Comments and Submissions (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This exposure-monitoring and medical program ensures that information is in surveillance results, medical removals, You may submit comments and the desired format, reporting burden and objective data used for the initial- supporting materials in response to this (time and costs) is minimal, collection exposure-monitoring exemption; and notice by (1) hard copy, (2) FAX instruments are clearly understood, and making records available to specified transmission (facsimile), or (3) OSHA’s estimate of the information parties. These paperwork requirements electronically through the OSHA Web collection burden is accurate. The permit OSHA and other specified page. Because of security-related Occupational Safety and Health Act of parties to determine the effectiveness of problems, there may be a significant 1970 (the Act) (29 U.S.C. 651 et seq.) an employer’s compliance activities, delay in the receipt of comments by authorizes information collection by thereby ensuring that they are providing regular mail. Please contact the OSHA employers as necessary or appropriate employees with all of the protection Docket Office at (202) 693–2350 (TTY for enforcement of the Act or for afforded by the Standard. (877) 889–5627) for information about developing information regarding the II. Special Issues for Comment security procedures concerning the causes and prevention of occupational delivery of submissions by express injuries, illnesses, and accidents (29 OSHA has a particular interest in delivery, hand delivery and courier U.S.C. 657). comments on the following issues: service. On January 5, 2005, OSHA published • Whether the proposed information the Standards Improvement Project— collection requirements are necessary All comments, submissions and Phase II, Final Rule (70 FR 1112). The for the proper performance of the background documents are available for final rule removed and revised Agency’s functions, including whether inspection and copying at the OSHA provisions of standards that were the information is useful; Docket Office at the above address. outdated, duplicative, unnecessary, or • The accuracy of OSHA’s estimate of Comments and submissions posted on inconsistent and clarified or simplified the burden (time and costs) of the OSHA’s Web page are available at regulatory language. The final rule information collection requirements, http://www.OSHA.gov. Contact the contained several revisions to including the validity of the OSHA Docket Office for information collections of information contained in methodology and assumptions used; about materials not available through the Lead in General Industry Standard. • The quality, utility, and clarity of the OSHA Web page and for assistance These revisions included: reducing the the information collected; and using the Web page to locate docket frequency for employers to update their • Ways to minimize the burden on submissions. written compliance plans from six employers who must comply; for Electronic copies of this Federal months to annually; and allowing example, by using automated or other employers the option to post employee Register notice as well as other relevant technological information collection exposure-monitoring results instead of documents are available on OSHA’s and transmission techniques. requiring individual written Web page. Since all submissions notification. Those changes reduced III. Proposed Actions become public, private infomation such paperwork burden hours while OSHA is requesting that OMB extend as social security numbers should not be maintaining worker protection and the approval of these collection of submitted. improving consistency among information (paperwork) requirements standards. The reductions were taken in V. Authority and Signature necessitated by the Lead in General the prior information collection request. Industry Standard (29 CFR 1910.1025). Jonathan L. Snare, Acting Assistant The information collection requirements specified in the Lead in OSHA will summarize the comments Secretary of Labor for Occuataional General Industry Standard are designed submitted in response to this notice, Safety and Health, directed the to reduce occupational lead exposure in and will include this summary in its preparation of this notice. The authority general industry. Lead exposure can request to OMB to extend the approval for this notice is the Paperwork result in both acute and chronic effects of these collection of information Reduction Act of 1995 (44 U.S.C. 3506 and can be fatal in severe cases of lead requirements. et seq.), and Secretary of Labor’s Order toxicity. The standard specifies the Type of Review: Extension of No. 5–2002 (67 FR 65008). following requirements that impose currently approved information collection requirements. Signed at Washington, DC, on October 21, paperwork burdens on employers: 2005. establishing a compliance program and Title: Lead in General Industry Jonathan L. Snare, notifying laundry personnel of lead Standard. hazards; instituting programs for OMB Number: 1218–0092. Acting Assistant Secretary of Labor. exposure-monitoring and medical Affected Public: Business or other for- [FR Doc. 05–21478 Filed 10–26–05; 8:45 am] surveillance (including medical profits; Federal Government; State, BILLING CODE 4510–26–M examinations); notifying employees of Local or Tribal Government. exposure levels, biological-monitoring Frequency: On occasion. results, the option for multiple- Average Time Per Response: Ranges physician review, and the availability of from 1 minute to notify employees of chelation; providing information to their right to seek a second medical physicians; obtaining written medical opinion to 2 hours for an employee to opinions; implementing employee receive a medical examination. information and training programs Estimated Total Burden Hours: (including providing employees with 1,242,562. copies of the standard, and employees Estimated Cost (Operation and and other specified parties with copies Maintenance): $139,869,058.
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DEPARTMENT OF LABOR submissions, are available for inspection reduction in burden hours was taken in and copying at the OSHA Docket Office the prior ICR. Occupational Safety and Health at the address above. You also may The information collection Administration contact Todd Owen at the address requirements specified in the Asbestos below to obtain a copy of the ICR. For [Docket No. ICR–1218–0134 (2006)] in Construction Standard protect additional information on submitting employees from the adverse health Asbestos in Construction Standard; comments, please see the ‘‘Public effects that may result from asbestos Extension of the Office of Management Participation’’ heading in the exposure. The major information and Budget’s (OMB) Approval of SUPPLEMENTARY INFORMATION section of collection requirements of the Asbestos Information Collection (Paperwork) this document. in Construction Standard include: Requirements FOR FURTHER INFORMATION CONTACT: Implementing an exposure-monitoring Todd Owen, Directorate of Standards program that informs employees of their AGENCY: Occupational Safety and Health and Guidance, OSHA, U.S. Department exposure-monitoring results; and at Administration (OSHA); Labor. of Labor, Room N–3609, 200 multi-employer worksites, notification ACTION: Request for public comment. Constitution Avenue, NW., Washington, of other onsite employers by employers DC 20210; telephone: (202) 693–2222. establishing regulated areas for the type SUMMARY: OSHA solicits comments SUPPLEMENTARY INFORMATION: of work performed with asbestos- concerning its request for an extension containing materials (ACMs) and/or of the information collection I. Background presumed asbestos-containing materials requirements contained in the Asbestos The Department of Labor, as part of its (PACMs); the requirements that pertain in Construction Standard (29 CFR continuing effort to reduce paperwork to regulated areas; and the measures 1926.1101). The standard protects and respondent (i.e., employer) burden, they can use to protect their employees employees from adverse health effects conducts a preclearance consultation from asbestos overexposure. Other from occupational exposure to Asbestos, program to provide the public with an provisions associated with paperwork including lung cancer, mesothelioma, opportunity to comment on proposed requirements include: evaluating and asbestosis (an emphysema-like and continuing information collection certifying alternative control methods condition) and gastrointestinal cancer. requirements in accordance with the for Class I and Class II asbestos work DATES: Comments must be submitted by Paperwork Reduction Act of 1995 and informing laundry personnel of the the following dates: (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This requirement to prevent release of Hard copy: Your comments must be program ensures that information is in airborne asbestos above the time- submitted (postmarked or received) by the desired format, reporting burden weighted average and excursion limit; December 27, 2005. (time and cost) is minimal, collection notification by employers and building/ Facsimile and electronic instruments are clearly understood, and facility owners of designated personnel transmission: Your comments must be OSHA’s estimate of the information and employees regarding the presence, received by December 27, 2005. collection burden is accurate. The location, and quantity of ACMs and/or ADDRESSES: You may submit comments, Occupational Safety and Health Act of PACMs; using information, data, and identified by OSHA Docket No. ICR– 1970 (the Act) (29 U.S.C. 651 et seq.) analyses to demonstrate that PACM 1218–0134(2006), by any of the authorizes information collection by does not contain asbestos; posting signs following methods: employers as necessary or appropriate in mechanical rooms/areas that Regular mail, express delivery, hand- for enforcement of the Act or for employees may enter and that contain delivery, and messenger service: Submit developing information regarding the ACMs and PACMs, informing them of your comments and attachments to the causes and prevention of occupational the identity and location of these OSHA Docket Office, Room N–2625, injuries, illnesses, and accidents (29 materials and work practices that U.S. Department of Labor, 200 U.S.C. 657). prevent disturbing the materials; posting Constitution Avenue, NW., Washington, On January 5, 2005, OSHA published warning signs demarcating regulated DC 20210; telephone (202) 693–2350 the final rule for the Standards areas; and affixing warning labels to (OSHA’s TTY number is (877) 889– Improvement Project—Phase II (70 FR asbestos-containing products and to 5627). OSHA Docket Office and 1112). The final rule removed and containers holding such products. Department of Labor hours are 8:15 a.m. revised provisions of standards that Additional provisions of the Standard to 4:45 p.m., ET. were outdated, duplicative, that contain paperwork requirements Facsimile: If your comments are 10 unnecessary, or inconsistent, and include: Developing specific pages or fewer in length, including clarified or simplified regulatory information and training programs for attachments, you may fax them to the language. The final rule contained two employees; providing medical OSHA Docket Office at (202) 693–1648. revisions to collections of information surveillance for employees potentially Electronic: You may submit contained in the Asbestos in exposed to ACMs and/or PACMs, comments through the Internet at Construction Standard. The revisions including administering an employee http://ecomments.osha.gov. Follow included modifying the time the medical questionnaire, providing instructions on the OSHA Web page for employer has to provide their information to the examining physician, submitting comments. employees with exposure-monitoring and providing the physician’s written Docket: For access to the docket to results in 1926.1101(f)(5)(ii) from ‘‘as opinion to the employee; maintaining read or download comments or soon as possible following receipt of the records of objective data used for background materials, such as the results’’ to ‘‘as soon as possible but no exposure determinations, employee complete Information Collection later than 5 working days after the exposure-monitoring and medical Request (ICR) (containing the receipt of the results,’’ and removing the surveillance records, training records, Supporting Statement, OMB–83–I Form, requirement to send the certification the record (i.e., information, data, and and attachments), go to OSHA’s Web and evaluation documentation required analyses) used to demonstrate that page at http://www.OSHA.gov. In under § 1926.1101(g)(6)(iii) to OSHA’s PACM does not contain asbestos, and addition, the ICR, comments, and Directorate of Technical Support. The notifications made and received by
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building/facility owners regarding the government; State, local or tribal DEPARTMENT OF LABOR content to ACMs and PACMs; making governments. specified records (e.g., exposure- Number of Respondents: 286,821. Occupational Safety and Health Administration monitoring and medical surveillance Frequency: On occasion. records) available to designated parties; Total Responses: 53,719,202. [Docket No. ICR–1218–0195 (2006)] and transferring exposure-monitoring Average Time per Response: Varies and medical surveillance records to the The Asbestos in Shipyards Standard; from 5 minutes ot maintain records to National Institute for Occupational Extension of the Office of Management 17.3 hours to train a competent person. Safety and Health on cessation of and Budget’s Approval of Information business. Estimated Total Burden Hours: Collection (Paperwork) Requirements These paperwork requirements permit 5,569,658. employers, employees and their Estimated Cost (Operation and AGENCY: Occupational Safety and Health designated representatives, OSHA, and Maintenance): $30,730,200. Administration (OSHA), Labor. other specified parties to determine the ACTION: Request for public comments. effectiveness of an employer’s asbestos- IV. Public Participation—Submission of control program. It provides notification Comments on This Notice and Internet SUMMARY: OSHA solicits public to building owners, subsequent building Access to Comments and Submissions comment concerning its request for an owners, contractors and employees of You may submit comments and extension of the information collection the presence of asbestos so that supporting materials in response to this requirements contained in the Asbestos precautions can be taken to protect notice by (1) hard copy, (2) FAX in Shipyards Standard (29 CFR workers. It provides for monitoring and transmission (facsimile), or (3) 1915.1001). This Standard regulates medical surveillance to assure that electronically through the OSHA Web occupational exposure to Asbestos, exposures are kept low and early page. Because of security-related thereby preventing serious illness (e.g., symptoms are detected. Accordingly, problems, there may be a significant asbestosis, an emphysema-like the requirements ensure that employees delay in the receipt of comments by condition, mesothelioma, and exposed to asbestos receive all of the regular mail. Please contact the OSHA gastrointestinal cancer) among shipyard protection afforded by the Standard. Docket Office at (202) 693–2350 (TTY employees. DATES: Comments must be submitted by II. Special Issues for Comment (877) 889–5627) for information about security procedures concerning the the following dates: OSHA has a particular interest in delivery of submissions by express Hard copy: Your comment must be comments on the following issues: delivery, hand delivery, and courier submitted (postmarked or received) by —Whether the information collection service. December 27, 2005. requirements are necessary for the All comments, submissions and Facsimile and electronic proper performance of the Agency’s background documents are available for transmission: Your comments must be functions, including whether the inspection and copying at the OSHA received by December 27, 2005. information is useful; Docket Office at the above address. ADDRESSES: You may submit comments, —The accuracy of the Agency’s estimate Comments and submissions posted on identified by OSHA Docket No. ICR– of the burden (time and costs) of the OSHA’s Web page are available at 1218–0195 (2006), by any of the information collection requirements, http://www.OSHA.gov. Contact the following methods: including the validity of the OSHA Docket Office for information Regular mail, express delivery, hand methodology and assumptions used; about materials not available through delivery, and messenger service: Submit —The quality, utility, and clarity of the the OSHA Web page and for assistance your comments and attachments to the information collected; and using the Web paged to locate docket OSHA Docket Office, Room N–2625, —Ways to minimize the burden on submissions. U.S. Department of Labor, 200 employers who must comply; for Electronic copies of this Federal Constitution Avenue, NW., Washington, example, by using automated or other Register notice as well as other relevant DC 20210; telephone (202) 693–2350 technological information collection documents are available on OSHA’s (OSHA’s TTY number is (877) 889– and transmission techniques. Web page. Since all submissions 5627). OSHA Docket Office and Department of Labor hours are 8:15 a.m. III. Proposed Actions become public, private information such as social security numbers should not be to 4:45 p.m., ET. OSHA is requesting that OMB extend submitted. Facsimile: If your comments are 10 approval of the collection of information pages or fewer in length, including requirements necessitated by the V. Authority and Signature attachments, you may fax them to the Asbestos in Construction Standard (29 Jonathan L. Snare, Acting Assistant OSHA Docket Office at (202) 693–1648. CFR 1926.1101). The agency will Secretary of Labor for Occupational Electronic: You may submit summarize the comments submitted in Safety and Health, directed the comments through the Internet at response to this notice, and will include preparation of this notice. The authority http://ecomments.osha.gov. Follow this summary in its request to OMB to for this notice is the Paperwork instructions on the OSHA Web page for extend the approval of these Reduction Act of 1995 (44 U.S.C. 3506 submitting comments. information collection requirements. et seq.), and Secretary of Labor’s Order Docket: For access to the docket to Type of Review: Extension of No. 5–2002 (67 FR 65008). read or download comments or currently approved information background materials, such as the collection requirements. Signed at Washington, DC, on October 21, complete Information Collection Title: Asbestos in Construction 2005. Request (ICR) (containing the Standard (29 CFR 1926.1101). Jonathan L. Snare, Supporting Statement, OMB–83–I Form, OMB Number: 1218–0134. Acting Assistant Secretary of Labor. and attachments), go to OSHA’s Web Affected Public: Business or other for- [FR Doc. 05–21479 Filed 10–26–05; 8:45 am] page at http://www.OSHA.gov. In profit organizations; Federal BILLING CODE 4510–26–M addition, the ICR, comments and
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submissions are available for inspection reduction in burden hours was taken on information (paperwork) requirements and copying at the OSHA Docket Office the prior information collection request. necessitated by the Asbestos in at the address above. You may also The information collection Shipyards Standard (29 CFR 1915.1001). contact Todd Owen at the address requirements specified in the Asbestos OSHA will summarize the comments below to obtain a copy of the ICR. For in Shipyards Standard protect submitted in response to this notice, additional information on submitting employees from the adverse health and will include this summary in its comments, please see the ‘‘Public effects that may result from request to OMB to extend its approval Participation’’ heading in the occupational exposure to Asbestos. The of these information collection SUPPLEMENTARY INFORMATION section of major information collection requirements. this document. requirements in the Standard include Type of Review: Extension of FOR FURTHER INFORMATION CONTACT: implementing an exposure-monitoring currently approved information Todd Owen, Directorate of Standards program that informs employees of their collection requirements. and Guidance, OSHA, Room N–3609, exposure-monitoring results; at multi- Title: Asbestos in Shipyards Standard. 200 Constitution Avenue, NW., employer worksites, notification of OMB Number: 1218–0195. Washington, DC 20210, telephone: (202) other onsite employers by employers Affected Public: Business or other for- 693–2222. establishing regulated areas for the type profits; Federal government; State, local, of work performed with asbestos- or tribal government. SUPPLEMENTARY INFORMATION: containing materials (ACMs) and/or Number of Respondents: 19. I. Background presumed asbestos-containing materials Frequency: On occasion. Average Time Per Response: Varies The Department of Labor, as part of its (PACMs), the requirements that pertain to regulated areas, and the measures the from five minutes (.08 hour) to maintain continuing effort to reduce paperwork records to 17.3 hours for training a and respondent (i.e., employer) burden, employers can use to protect their employees from asbestos overexposure; competent person. conducts a preclearance consultation Estimated Total Burden Hours: 1,426. program to provide the public with an developing specific information and training programs for employees; Estimated Cost (Operation and opportunity to comment on proposed Maintenance): $33,635. and continuing information collection providing medical surveillance for requirements in accordance with the employees potentially exposed to ACMs IV. Public Participation—Submission of Paperwork Reduction Act of 1995 and/or PACMs, including administering Comments on This Notice and Internet (PRA–95) (44 U.S.C. 3506(c)(2)(A)). an employee medical questionnaire, Access to Comments and Submissions providing information to the examining This program ensures that You may submit comments and physician, and providing the information is in the desired format, supporting materials in response to this physician’s written opinion to the reporting burden (time and costs) is notice by (1) hard copy, (2) fax employee; and maintaining records of minimal, collection instruments are transmission (facsimile), or (3) objective data used for exposure clearly understood, and OSHA’s electronically through the OSHA Web determinations, employee exposure- estimate of the information collection page. Because of security-related monitoring and medical surveillance burden is accurate. The Occupational problems, there may be a significant records, training records, the record Safety and Health Act of 1970 (the Act) delay in the receipt of comments by (i.e., information, data, and analyses) (29 U.S.C. 651 et seq.) authorizes regular mail. Please contact the OSHA used to demonstrate that PACM does information collection by employers as Docket Office at (202) 693–2350 (TTY not contain asbestos, and notifications necessary or appropriate for (877) 889–5627) for information about made and received by building/facility enforcement of the Act or for developing security procedures concerning the owners regarding the content of ACMs information regarding the causes and delivery of submissions by express and PACMs. prevention of occupational injuries, delivery, hand delivery, and courier illnesses, and accidents (29 U.S.C. 657). II. Special Issues for Comment service. On January 5, 2005, OSHA published OSHA has a particular interest in All comments, submissions and the Standards Improvement Project— comments on the following issues: background documents are available for Phase II, Final rule (70 FR 1112). The • Whether the proposed information inspection and copying at the OSHA final rule removed and revised collection requirements are necessary Docket Office at the above address. provisions of standards that were for the proper performance of the Comments and submissions posted on outdated, duplicative, unnecessary, or Agency’s functions, including whether OSHA’s Web page are available at inconsistent and clarified or simplified the information is useful; http://www.OSHA.gov. Contact the regulatory language. The final rule • The accuracy of OSHA’s estimate of OSHA Docket Office for information contained two revisions to collections of the burden (time and costs) of the about materials not available through information contained in the Asbestos information collection requirements, the OSHA Web page and for assistance in Shipyards Standard. The revisions including the validity of the using the Web page to locate docket included modifying the time the methodology and assumptions used; submissions. employer has to provide their • The quality, utility, and clarity of Electronic copies of this Federal employees with exposure monitoring the information collected; and Register notice, as well as other relevant results in 29 CFR 1915.1001(f)(5)(ii) • Ways to minimize the burden on documents, are available on OSHA’s from ‘‘as soon as possible following employers who must comply; for Web page. Since all submissions receipt of the results’’ to ‘‘as soon as example, by using automated or other become public, private information such possible but no later than five working technological information collection as social security numbers should not be days after the receipt of the results,’’ and and transmission techniques. submitted. removing the requirement to send the certification and evaluation III. Proposed Actions V. Authority and Signature documentation required under OSHA is requesting that the Office of Jonathan L. Snare, Acting Assistant § 1915.1001(g)(6)(iii) to OSHA’s Management and Budget (OMB) extend Security of Labor for Occupational Directorate of Technical Support. That the approval of these collections of Safety and Health, directed the
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preparation of this notice. The authority ecomments.osha.gov. Follow removing the word ‘‘signed’’ that for this notice is the Paperwork instructions on the OSHA Web page for appears in the introductory sentence in Reduction Act of 1995 (44 U.S.C. 3506 submitting comments. paragraph (1)(10)(1) of the Standard; et seq.), and Secretary of Labor’s Order Docket: For access to the docket to and allowing employers the option of no. 5–2002 (67 FR 65008). read or download comments or posting employee-monitoring results, or Dated: Signed at Washington, DC, on background materials, such as the individually informing each employee October 21, 2005. complete Information Collection of these results. Those changes reduced Jonathan L. Snare, Request (ICR) (containing the paperwork burden hours while Acting Assistant Secretary of Labor. Supporting Statement, OMB–83–I Form, maintaining worker protection and [FR Doc. 05–21480 Filed 10–26–05; 8:45 am] and attachments), go to OSHA’s Web improving consistency among page at http://www.OSHA.gov. In standards. BILLING CODE 4510–26–M addition, the ICR, comments and The information collection submissions are available for inspection requirements specified in the Cadmium DEPARTMENT OF LABOR and copying at the OSHA Docket Office in General Industry Standard protect at the address above. You may also employees from the adverse health Occupational Safety and Health contact Todd Owen at the address effects that may result from Administration below to obtain a copy of the ICR. For occupational exposure to cadmium. The additional information on submitting major information collection [Docket No. ICR–1218–0185 (2006)] comments, please see the ‘‘Public reuqirements in the Standard include The Cadmium in General Industry Participation’’ heading in the conducting employee exposure Standard; Extension of the Office of SUPPLEMENTARY INFORMATION section of monitoring, notifying employees of their Management and Budget’s (OMB) this document. cadmium exposures, implementing a Approval of Information Collection FOR FURTHER INFORMATION CONTACT: written compliance program, (Paperwork) Requirements Todd Owen, Directorate of Standards implementing medical-surveillance of and Guidance, OSHA, Room N–3609, employees, providing examining AGENCY: Occupational Safety and Health 200 Constitution Avenue, NW., physicians with specific information, Administration (OSHA), Labor. Washington, DC 20210, telephone: (202) ensuring that employees receive a copy ACTION: Request for public comment. 693–2222. of their medical-surveillance results, maintaining employees’ exposure- SUMMARY: SUPPLEMENTARY INFORMATION: OSHA solicits public monitoring and medical-surveillance comment concerning its request for an I. Background records for specific periods, and extension of the information collection providing access to these records by requirements contained in the Cadmium The Department of Labor, as part of its OSHA, the National Institute for in General Industry Standard (29 CFR continuing effort to reduce paperwork Occupational Safety and Health, the 1910.1027). This standard controls and respondent (i.e., employer) burden, employee who is the subject of the occupational exposure to cadmium, conducts a preclearance consultation records, the employee’s representative, thereby preventing serious disease (e.g., program to provide the public with an and other designated parties. lung cancer, prostate cancer, kidney opportunity to comment on proposed disease) and death among exposed and continuing information collection II. Special Issues for Comment requirements in accordance with the employees. OSHA has a particular interest in Paperwork Reduction Act of 1995 DATES: Comments must be submitted by comments on the following issues: (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This the following dates: • Whether the proposed information Hard copy: Your comments must be program ensures that information is in collection requirements are necessary submitted (postmarked or received) by the desired format, reporting burden for the proper performance of the December 27, 2005. (time and costs) is minimal, collection Agency’s functions, including whether Facsimile and electronic instruments are clearly understood, and the information is useful; transmission: Your comments must be OSHA’s estimate of the information • The accuracy of OSHA’s estimate of received by December 27, 2005. collection burden is accurate. The the burden (time and costs) of the ADDRESSES: You may submit comments, Occupational Safety and Health Act of information collection requirements, identified by OSHA Docket No. ICR– 1970 (the Act) (29 U.S.C. 651 et seq.) including the validity of the 1218–0185 (2006), by any of the authorizes information collection by methodology and assumptions used; following methods: employers as necessary or appropriate • The quality, utility, and clarity of Regular mail, express delivery, hand for enforcement of the Act or for the information collected; and delivery, and messenger service: Submit developing information regarding the • Ways to minimize the burden on your comments and attachments to the causes and prevention of occupational employers who must comply; for OSHA Docket Office, Room N–2625, injuries, illnesses, and accidents (29 example, by using automated or other U.S. Department of Labor, 200 U.S.C. 657). technological information collection Constitution Avenue, NW., Washington, On January 5, 2005, OSHA published and transmission techniques. the final rule for the Standards DC 20210; telephone (202) 693–2350 III. Proposed Actions (OSHA’s TTY number is (877) 889– Improvement Project—Phase II (70 FR 5627). OSHA Docket Office and 1112). The final rule removed and OSHA is requesting that OMB extend Department of Labor hours are 8:15 a.m. revised provisions of standards that the approval of the collection of to 4:45 p.m., ET. were outdated, duplicative, information (paperwork) requirements Facsimile: If your comments are 10 unnecessary, or inconsistent, and necessitated by the Cadmium in General pages or fewer in length, including clarified or simplified regulatory Industry Standard (29 CFR 1910.1027). attachments, you may fax them to the language. The final rule contained As part of this proposal, the Agency is OSHA Docket Office at (202) 693–1648. several revisions to collections of requesting a 167-hour burden reduction Electronic: You may submit information contained in the Cadmium (adjustment) resulting from not comments through the Internet at http:// Standard. These revisions included: identifying any new employers who will
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gather information necessary to meet the documents are available on OSHA’s DC 20210; telephone (202) 693–2350 objective data requirements required Web page. Since all submissions (OSHA’s TTY number is (877) 889– specified by paragraph become public, private information such 5627). OSHA Docket Office and § 1910.1027(d)(2)(iii) of the Standard. as social security numbers should not be Department of Labor hours are 8:15 a.m. The Agency will summarize the submitted. to 4:45 p.m., ET. comments submitted in response to this Facsimile: If your comments are 10 V. Authority and Signature notice, and will include this summary pages or fewer in length, including in its request to OMB to extend its Jonathan L. Snare, Acting Assistant attachments, you may fax them to the approval of these information collection Secretary of Labor for Occupational OSHA Docket Office at (202) 693–1648. requirements. Safety and Health, directed the Electronic: You may submit Type of Review: Extension of preparation of this notice. The authority comments through the Internet at currently approved information for this notice is the Paperwork http://ecomments.osha.gov. Follow collection requirements. Reduction Act of 1995 (44 U.S.C. 3506 instructions on the OSHA Web page for Title: Cadmium in General Industry et seq.), and Secretary of Labor’s Order submitting comments. Standard. No. 5–2002 (67 FR 65008). Docket: For access to the docket to OMB Number: 1218–0185. read or download comments or Signed at Washington, DC, on October 21, background materials, such as the Affected Public: Business or other for- 2005. complete Information Collection profits; Federal government; State, local, Jonathan L. Snare, or tribal government. Request (ICR) (containing the Number of Respondents: 53,161. Acting Assistant Secretary of Labor. Supporting Statement, OMB–83–I Form, Frequency: On occasion; quarterly; [FR Doc. 05–21481 Filed 10–26–05; 8:45 am] and attachments), go to OSHA’s Web semi-annually; annually. BILLING CODE 4510–26–M page at http://www.OSHA.gov. In Average Time Per Response: Varies addition, the ICR, comments and from five minutes (.08 hour) for several submissions are available for inspection provisions (e.g., maintaining an DEPARTMENT OF LABOR and copying at the OSHA Docket Office employee’s exposure-monitoring or at the address above. You may also Occupational Safety and Health medical-surveillance record, providing contact Todd Owen at the address Administration information about an employee to the below to obtain a copy of the ICR. For physician) to 1.5 hours to review and [Docket No. ICR–1218–0186 (2006)] additional information on submitting update a compliance program or comments, please see the ‘‘Public administer an employee medical The Cadmium in Construction Participation’’ heading in the examination. Standard; Extension of the Office of SUPPLEMENTARY INFORMATION section of Estimated Total Burden Hours: Management and Budget’s (OMB) this document. 121,177. Approval of Information Collection FOR FURTHER INFORMATION CONTACT: Estimated Cost (Operation and (Paperwork) Requirements Todd Owen, Directorate of Standards Maintenance): $6,190,817. AGENCY: Occupational Safety and Health and Guidance, OSHA, Room N–3609, IV. Public Participation—Submission of Administration (OSHA), Labor. 200 Constitution Avenue, NW., Washington, DC 20210, telephone: (202) Comments on This Notice and Internet ACTION: Request for public comment. Access to Comments and Submissions 693–2222. SUMMARY: OSHA solicits public SUPPLEMENTARY INFORMATION: You may submit comments and comment concerning its request for an supporting materials in response to this I. Background extension of the information collection notice by (1) hard copy, (2) FAX requirements contained in the Cadmium The Department of Labor, as part of its transmission (facsimile), or (3) in Construction Standard (29 CFR continuing effort to reduce paperwork electronically through the OSHA Web 1926.1127). This standard controls and respondent (i.e., employer) burden, page. Because of security-related occupational exposure to cadmium, conducts a preclearance consultation problems, there may be a significant thereby preventing serious disease (e.g., program to provide the public with an delay in the receipt of comments by lung cancer, prostate cancer, kidney opportunity to comment on proposed regular mail. Please contact the OSHA disease) and death among exposed and continuing information collection Docket Office at (202) 693–2350 (TTY employees. requirements in accordance with the (887) 889–5627) for information about Paperwork Reduction Act of 1995 security procedures concerning the DATES: Comments must be submitted by (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This delivery of submissions by express the following dates: program ensures that information is in delivery, hand delivery, and courier Hard copy: Your comments must be the desired format, reporting burden service. submitted (postmarked or received) by (time and costs) is minimal, collection All comments, submissions and December 27, 2005. instruments are clearly understood, and background documents are available for Facsimile and electronic OSHA’s estimate of the information inspection and copying at the OSHA transmission: Your comments must be collection burden is accurate. The Docket Office at the above address. received by December 27, 2005. Occupational Safety and Health Act of Comments and submissions posted on ADDRESSES: You may submit comments, 1970 (the Act) (29 U.S.C. 651 et seq.) OSHA’s Web page are available at identified by OSHA Docket No. ICR– authorizes information collection by http://www.OSHA.gov. Contact the 1218–0186 (2006), by any of the employers as necessary or appropriate OSHA Docket Office for information following methods: for enforcement of the Act or for about materials not available through Regular mail, express delivery, hand developing information regarding the the OSHA Web page and for assistance delivery, and messenger service: Submit causes and prevention of occupational using the Web page to locate docket your comments and attachments to the injuries, illnesses, and accidents (29 submissions. OSHA Docket Office, Room N–2625, U.S.C. 657). Electronic copies of this Federal U.S. Department of Labor, 200 On January 5, 2005, OSHA published Register notice as well as other relevant Constitution Avenue, NW., Washington, the final rule for the Standards
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Improvement Project—Phase II (70 FR III. Proposed Actions become public, private information such 1112). The final rule removed and OSHA proposes to extend OMB’s as social security numbers should not be revised provisions of standards that approval of these information collection submitted. were outdated, duplicative, requirements necessitated by the V. Authority and Signature unnecessary, or inconsistent, and Cadmium in Construction Standard (29 clarified or simplified regulatory Jonathan L. Snare, Acting Assistant CFR 1926.1127). The Agency will Secretary of Labor for Occupational language. The final rule contained include a summary of the comments several revisions to collections of Safety and Health, directed the submitted in response to this notice in preparation of this notice. The authority information contained in the Cadmium its request to OMB to extend the in Construction Standard (§ 1910.1027; for this notice is the Paperwork approval of these collections of Reduction Act of 1995 (44 U.S.C. 3506 ‘‘the Standard’’). These revisions information requirements. included: removing the word ‘‘signed’’ et seq.), and Secretary of Labor’s Order Type of Review: Extension of No. 5–2002 (67 FR 65008). that appeared in paragraph (1)(10) of the currently approved information Standard; and allowing employers the collections requirements. Signed at Washington, DC, on October 21, option of posting employee-monitoring Title: Cadmium in Construction 2005. results, or individually informing each Standard. Jonathan L. Snare, employee of these results. These OMB Number: 1218–0186. Acting Assistant Secretary of Labor. changes reduced paperwork burden Affected Public: Business or other for- [FR Doc. 05–21482 Filed 10–26–05; 8:45 am] hours while maintaining worker profits; Federal government; State, local BILLING CODE 4510–26–M protection and improving consistency or tribal government. among standards. Number of Respondents: 10,000. The information collection Frequency: On occasion; quarterly; NUCLEAR REGULATORY requirements specified in the Standard semi-annually; annually. COMMISSION protect employees from the adverse Average Time Per Response: Varies health effects that may result from their from two minutes (.03 hour) for a Advisory Committee on Reactor exposure to Cadmium. The major secretary to compile and maintain Safeguards; Subcommittee Meeting on information collection requirements in training records to 1.5 hours to Power Uprates; Notice of Meeting the Standard include conducting administer employee medical The ACRS Subcommittee on Power employee exposure monitoring, examinations. Uprates will hold a meeting on notifying employees of their cadmium Estimated Total Burden Hours: November 15–16, 2005, Grand Ballroom exposures, implementing a written 39,311. at the Quality Inn and Suites, 1380 compliance program, implementing Estimated Cost (Operation and Putney Road, Brattleboro, Vermont. medical surveillance of employees, Maintenance): $1,657,460. The agenda for the subject meeting providing examining physicians with IV. Public Participation—Submission of shall be as follows: specific information, ensuring that Tuesday, November 15, 2005—8:30 employees receive a copy of their Comments on This Notice and Internet Access to Comments and Submissions a.m. until the conclusion of business. medical-surveillance results, Wednesday, November 16, 2005—8:30 maintaining employees’ exposure- You may submit comments and a.m. until the conclusion of business. monitoring and medical-surveillance supporting materials in response to this The Subcommittee will review the records for specific periods, and notice by (1) hard copy, (2) FAX application by Entergy Nuclear providing access to these records by transmission (facsimile), or (3) Northeast (Entergy) for an extended OSHA, the National Institute for electronically through the OSHA Web power uprate for the Vermont Yankee Occupational Safety and Health, the page. Because of security-related Nuclear Power Station. The employee who is the subject of the problems, there may be a significant Subcommittee will hear presentations records, the employee’s representative, delay in the receipt of comments by by and hold discussions with and other designated parties. regular mail. Please contact the OSHA representatives of the NRC staff, their Docket Office at (202) 693–2350 (TTY II. Special Issues for Comment contractors, Entergy and other interested (877) 889–5627) for information about persons regarding this matter. The OSHA has a particular interest in security procedures concerning the Subcommittee will gather information, comments on the following issues: delivery of submissions by express analyze relevant issues and facts, and • Whether the proposed information delivery, hand delivery, and courier formulate proposed positions and collection requirements are necessary service. actions, as appropriate, for deliberation for the proper performance of the All comments, submissions and by the full Committee. Agency’s functions, including whether background documents are available for Members of the public desiring to the information is useful; inspection and copying at the OSHA provide oral statements and/or written Docket Office at the above address. comments should notify the Designated • The accuracy of OSHA’s estimate of Comments and submissions posted on Federal Official, Mr. Ralph Caruso the burden (time and costs) of the OSHA’s Web page are available at (Telephone: 301–415–8065) five days information collection requirements, http://www.OSHA.gov. Contact the prior to the meeting, if possible, so that including the validity of the OSHA Docket Office for information appropriate arrangements can be made. methodology and assumptions used; about materials not available through Electronic recordings will be permitted. • The quality, utility, and clarity of the OSHA Web page and for assistance Signs will not be permitted in the the information collected; and using the Web page to locate docket meeting room. • Ways to minimize the burden on submissions. Further information regarding this employers who must comply, for Electronic copies of this Federal meeting can be obtained by contacting example, by using automated or other Register notice as well as other relevant the Designated Federal Official between technological information collection documents are available on OSHA’s 7:30 a.m. and 4:15 p.m. (ET). Persons and transmission techniques. Web page. Since all submissions planning to attend this meeting are
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urged to contact the above named An Open Meeting will be held on Monday, Post-argument discussion. individual at least two working days October 31, 2005 at 10 a.m., in the The subject matters of the Closed prior to the meeting to be advised of any Auditorium, Room LL–002 and Closed Meeting scheduled for Thursday, Meetings will be held on Monday, October November 3, 2005 will be: potential changes to the agenda. 31, 2005 at 11 a.m. and Thursday, November Dated: October 21, 2005. 3 at 2 p.m. Formal orders of private Michael R. Snodderly, investigations; Commissioners, Counsel to the Institution and settlement of Acting Branch Chief, ACRS/ACNW. Commissioners, the Secretary to the injunctive actions; [FR Doc. E5–5961 Filed 10–26–05; 8:45 am] Commission, and recording secretaries Institution and settlement of BILLING CODE 7590–01–P will attend the Closed Meetings. Certain administrative proceedings of an staff members who have an interest in enforcement nature; and the matters may also be present. Amicus consideration. POSTAL SERVICE The General Counsel of the At times, changes in Commission Commission, or his designee, has priorities require alterations in the Board of Governors; Sunshine Act certified that, in his opinion, one or scheduling of meeting items. Meeting more of the exemptions set forth in 5 For further information and to U.S.C. 552b(c)(5), (6), (7), (9)(B), and DATE AND TIMES: Tuesday, November 1, ascertain what, if any, matters have been (10) and 17 CFR 200.402(a)(5), (6), (7), added, deleted or postponed, please 2005; 10 a.m. and 3:30 p.m. 9(ii) and (10) permit consideration of PLACE: Washington, DC, at U.S. Postal contact: The Office of the Secretary at the scheduled matters at the Closed (202) 551–5400. Service Headquarters, 475 L’Enfant Meeting. Plaza, SW., in the Benjamin Franklin Commissioner Nazareth, as duty Dated: October 24, 2005. Room. officer, voted to consider the items Jonathan G. Katz, STATUS: November 1—10 a.m. (Closed); listed for the closed meetings in closed Secretary. 3:30 p.m. (Open). session and that no earlier notice thereof [FR Doc. 05–21518 Filed 10–25–05; 11:25 was possible. am] Matters To Be Considered The subject matter of the Open BILLING CODE 8010–01–P Tuesday, November 1 at 10 a.m. Meeting scheduled for Monday, October (Closed) 31, 2005 will be: 1. Strategic Planning. The Commission will hear oral argument SMALL BUSINESS ADMINISTRATION on an appeal by Dolphin & Bradbury, Inc. 2. Financial Update. [Disaster Declaration # 10212 and # 10213] 3. Personnel Matters and (‘‘D&B’’) and its part-owner and chairman, Robert J. Bradbury (together, ‘‘Respondents’’), Compensation Issues. Georgia Disaster # GA–00005 4. Rate Case Planning. as well as the Division of Enforcement, from the decision of an administrative law judge. 5. Pricing of International Services. AGENCY: Small Business Administration. The law judge found that certain materials Tuesday, November 1 at 3:30 p.m. used by Respondents to market to investors ACTION: Notice. (Open) long-term, non-taxable municipal bonds that were issued to finance the purchase of an SUMMARY: This is a notice of an 1. Minutes of the Previous Meeting, office building and parking lot complex were Administrative declaration of a disaster September 26–27, 2005. materially misleading. D&B served as for the State of Georgia dated 2. Remarks of the Postmaster General underwriter of the bond issue. The law judge 10/20/2005. and CEO Jack Potter. found that, through their conduct in Incident: Tropical Storm Tammy— 3. Committee Reports. connection with the bond issue, Respondents Severe Storms and Flooding. 4. Quarterly Report on Service willfully violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Incident Period: 10/07/2005. Performance. Effective Date: 10/20/2005. 5. Tentative Agenda for the December Securities Exchange Act of 1934 and Rule Physical Loan Application Deadline 6, 2005, meeting in Washington, DC. 10b5 thereunder, and Municipal Securities Rulemaking Board Rule G–17, and that D&B Date: 12/19/2005. FOR FURTHER INFORMATION CONTACT: willfully violated, and Bradbury willfully EIDL Loan Application Deadline Date: William T. Johnstone, Secretary of the aided and abetted and caused D&B’s 07/20/2006. Board, U.S. Postal Service, 475 L’Enfant violation of, Exchange Act Section 15B(c)(1). ADDRESSES: Plaza, SW., Washington, DC 20260– The law judge ordered D&B and Bradbury to Submit completed loan 1000. Telephone (202) 268–4800. cease and desist from committing or causing applications to: Small Business violations of the provisions they were found Administration, National Processing William T. Johnstone, to have violated; jointly and severally to and Disbursement Center, 14925 Secretary. disgorge $482,562.50, plus prejudgment Kingsport Road, Fort Worth, TX 76155. interest; and to pay civil penalties of [FR Doc. 05–21497 Filed 10–24–05; 4:41 pm] $400,000 and $82,000 respectively. The law FOR FURTHER INFORMATION CONTACT: A. BILLING CODE 7710–12–M judge rejected the Division’s request that he Escobar, Office of Disaster Assistance, create a fund for the benefit of investors into Small Business Administration, 409 3rd which the disgorgement and civil penalties Street, Suite 6050, Washington, DC SECURITIES AND EXCHANGE would be paid, which is the only aspect of 20416. COMMISSION the decision the Division has appealed. Among the issues likely to be argued are SUPPLEMENTARY INFORMATION: Notice is Sunshine Act Meetings whether Respondents violated antifraud hereby given that as a result of the provisions in offering and selling the bonds, Administrator’s disaster declaration Notice is hereby given, pursuant to and, if so, whether and to what extent applications for disaster loans may be the provisions of the Government in the sanctions should be imposed on filed at the address listed above or other Sunshine Act, Pub. L. 94–409, that the Respondents. locally announced locations. Securities and Exchange Commission The subject matter of the Closed The following areas have been will hold the following meetings during Meeting scheduled for Monday, October determined to be adversely affected by the week of October 31, 2005: 31, 2005 will be: the disaster:
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Primary Counties: Glynn. Administrator’s disaster declaration Administration, Disaster Assistance Contiguous Counties: Georgia: applications for disaster loans may be Processing and Disbursement Center, Brantley, Camden, Mcintosh, Wayne. filed at the address listed above or other 14925 Kingsport Road, Fort Worth, TX The Interest Rates are: locally announced locations. 76155. The following areas have been FOR FURTHER INFORMATION CONTACT: A. Percent determined to be adversely affected by Escobar, Office of Disaster Assistance, Homeowners With Credit Avail- the disaster: Small Business Administration, 409 3rd able Elsewhere ...... 5.375 Primary Counties: Street, Suite 6050, Washington, DC Homeowners Without Credit Jefferson, Leavenworth. 20416. Available Elsewhere ...... 2.687 Contiguous Counties: Kansas: SUPPLEMENTARY INFORMATION: The notice Businesses With Credit Available Atchison, Douglas, Jackson, Johnson, of the Presidential disaster declaration Elsewhere ...... 6.557 Shawnee, Wyandotte. Businesses & Small Agricultural Missouri: for the State of Louisiana, dated 09/24/ Cooperatives Without Credit Platte. 2005, is hereby amended to include the Available Elsewhere ...... 4.000 The Interest Rates are: following areas as adversely affected by Other (Including Non-Profit Orga- the disaster: nizations) With Credit Available Percent Primary Parish: Livingston. Elsewhere ...... 4.750 Contiguous Parish: Louisiana: Saint Businesses And Non-Profit Orga- Homeowners With Credit Avail- Helena. nizations Without Credit Avail- able Elsewhere ...... 5.375 able Elsewhere ...... 4.000 Homeowners Without Credit All other information in the original Available Elsewhere ...... 2.687 declaration remains unchanged. The number assigned to this disaster Businesses With Credit Available (Catalog of Federal Domestic Assistance for physical damage is 10212 6 and for Elsewhere ...... 6.557 Numbers 59002 and 59008) economic injury is 10213 0. Businesses & Small Agricultural The States which received an EIDL Cooperatives Without Credit Herbert L. Mitchell, Declaration # are Georgia. Available Elsewhere ...... 4.000 Associate Administrator for Disaster Other (Including Non-Profit Orga- Assistance. (Catalog of Federal Domestic Assistance nizations) With Credit Available [FR Doc. 05–21444 Filed 10–26–05; 8:45 am] Numbers 59002 and 59008) Elsewhere ...... 4.750 BILLING CODE 8025–01–P Dated: October 20, 2005. Businesses And Non-Profit Orga- nizations Without Credit Avail- Hector V. Barreto, able Elsewhere ...... 4.000 Administrator. SMALL BUSINESS ADMINISTRATION [FR Doc. 05–21449 Filed 10–26–05; 8:45 am] The number assigned to this disaster [Disaster Declaration # 10205 and # 10206] BILLING CODE 8025–01–P for physical damage is 10214 6 and for economic injury is 10215 0. Louisiana Disaster Number LA–00004 The States which received an EIDL AGENCY: Small Business Administration. SMALL BUSINESS ADMINISTRATION Declaration # are Kansas and Missouri. ACTION: Amendment 6. [Disaster Declaration # 10214 and # 10215] (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) SUMMARY: This is an amendment of the Kansas Disaster # KS–00006 Dated: October 20, 2005. Presidential declaration of a major AGENCY: Small Business Administration. Hector V. Barreto, disaster for the State of Louisiana (FEMA–1607–DR), dated September 24, ACTION: Notice. Administrator. 2005. [FR Doc. 05–21448 Filed 10–26–05; 8:45 am] SUMMARY: This is a notice of an Incident: Hurricane Rita. Administrative declaration of a disaster BILLING CODE 8025–01–P Incident Period: September 23, 2005 for the State of Kansas dated and continuing. Effective Date: October 18, 2005. 10/20/2005. SMALL BUSINESS ADMINISTRATION Incident: Severe Thunderstorm, Physical Loan Application Deadline Torrential Rains & Flooding. [Disaster Declaration # 10205 and # 10206] Date: November 23, 2005. Incident Period: 10/01/2005 through EIDL Loan Application Deadline Date: 10/02/2005. Louisiana Disaster Number LA–00004 June 26, 2006. Effective Date: 10/20/2005. ADDRESSES: Submit completed loan AGENCY: Small Business Administration. Physical Loan Application Deadline applications to: Small Business Date: 12/19/2005. ACTION: Amendment 5. Administration, Disaster Assistance EIDL Loan Application Deadline Date: SUMMARY: This is an amendment of the Processing and Disbursement Center, 07/20/2006. Presidential declaration of a major 14925 Kingsport Road, Fort Worth, TX ADDRESSES: Submit completed loan disaster for the State of Louisiana 76155. applications to: Small Business (FEMA–1607–DR), dated: 09/24/2005. FOR FURTHER INFORMATION CONTACT: A. Administration, National Processing Incident: Hurricane Rita. Escobar, Office of Disaster Assistance, and Disbursement Center, 14925 Incident period: 09/23/2005 and U.S. Small Business Administration, Kingsport Road, Fort Worth, TX 76155. continuing. 409 3rd Street, Suite 6050, Washington, FOR FURTHER INFORMATION CONTACT: A. Effective Date: 10/14/2005. DC 20416. Escobar, Office of Disaster Assistance, Physical Loan Application Deadline SUPPLEMENTARY INFORMATION: The notice U.S. Small Business Administration, Date: 11/23/2005. of the Presidential disaster declaration 409 3rd Street, Suite 6050, Washington, EIDL Loan Application Deadline Date: for the State of Louisiana, dated DC 20416. 06/26/2006. September 24, 2005, is hereby amended SUPPLEMENTARY INFORMATION: Notice is ADDRESSES: Submit completed loan to include the following areas as hereby given that as a result of the applications to: Small Business adversely affected by the disaster:
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Primary Parish: Saint Tammany. SMALL BUSINESS ADMINISTRATION Executive Summary: The Office of Citizen Exchanges, Youth Programs Contiguous Parishes/Counties: [Disaster Declaration # 10178 and # 10179] Louisiana: Washington. Mississippi: Division of the Bureau of Educational Hancock, Pearl River. Mississippi Disaster Number MS– and Cultural Affairs announces an open 00005 competition to conduct the Spring 2006 All other information in the original Civic Education workshop for the declaration remains unchanged. AGENCY: Small Business Administration. Future Leaders Exchange (FLEX) (Catalog of Federal Domestic Assistance ACTION: Amendment 2. program. Overall goals of the workshop Numbers 59002 and 59008) are: (1) To expose high school students SUMMARY: This is an amendment of the Herbert L. Mitchell, from Eurasia to Federal political Presidential declaration of a major processes and citizen participation in Associate Administrator for Disaster disaster for the State of Mississippi Assistance. government at the national level; (2) to (FEMA–1604–DR), dated August 29, examine the concept of effective [FR Doc. 05–21445 Filed 10–26–05; 8:45 am] 2005. leadership in society through looking at BILLING CODE 8025–01–P Incident: Hurricane Katrina. positive and negative examples and role Incident Period: August 29, 2005 and models; (3) to instill in students the continuing through October 14, 2005. SMALL BUSINESS ADMINISTRATION importance of tolerance and respect for Effective Date: October 14, 2005. individual differences in a civil society; Physical Loan Application Deadline and (4) to provide students with specific [Disaster Declaration # 10203 and # 10204] Date: October 28, 2005. tools they can take home to aid in the EIDL Loan Application Deadline Date: Texas Disaster Number TX–00066 transformation of their home countries May 29, 2006. to democratic and civil societies. Public AGENCY: Small Business Administration. ADDRESSES: Submit completed loan and private non-profit organizations applications to: U.S. Small Business meeting the provisions described in ACTION: Amendment 2. Administration, Disaster Assistance Internal Revenue Code section 26 U.S.C. Processing and Disbursement Center, SUMMARY: This is an amendment of the 501(c)(3) may submit proposals to Presidential declaration of a major 14925 Kingsport Road, Fort Worth, TX develop and conduct a one-week disaster for the State of Texas (FEMA– 76155. workshop in Washington, DC, in spring 1606–DR), dated September 24, 2005. FOR FURTHER INFORMATION CONTACT: A. 2006 that focuses on the basic tenets of the Constitution and the fundamental Incident: Hurricane Rita. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, elements of a civil society, including the Incident Period: September 23, 2005, 409 3rd Street, Suite 6050, Washington, relationship between the Federal and continuing through October 14, DC 20416. government and State and local 2005. SUPPLEMENTARY INFORMATION: The notice governments, and the rule of law in a Effective Date: October 14, 2005. of the President’s major disaster civil society. Physical Loan Application Deadline declaration for the State of Mississippi, I. Funding Opportunity Description Date: November 23, 2005. dated August 29, 2005, is hereby EIDL Loan Application Deadline Date: amended to establish the incident Authority June 26, 2006. period for this disaster as beginning Overall grant-making authority for ADDRESSES: Submit completed loan August 29, 2005, and continuing this program is contained in the Mutual applications to: U.S. Small Business through October 14, 2005. Educational and Cultural Exchange Act Administration, National Processing All other information in the original of 1961, Public Law 87–256, as and Disbursement Center, 14925 declaration remains unchanged. amended, also known as the Fulbright- Kingsport Road, Fort Worth, TX 76155. (Catalog of Federal Domestic Assistance Hays Act. The purpose of the Act is ‘‘to enable the Government of the United FOR FURTHER INFORMATION CONTACT: A. Numbers 59002 and 59008) States to increase mutual understanding Escobar, Office of Disaster Assistance, Herbert L. Mitchell, between the people of the United States U.S. Small Business Administration, Associate Administrator for Disaster and the people of other countries * * *; 409 3rd Street, Suite 6050, Washington, Assistance. to strengthen the ties which unite us DC 20416. [FR Doc. 05–21447 Filed 10–26–05; 8:45 am] with other nations by demonstrating the SUPPLEMENTARY INFORMATION: The notice BILLING CODE 8025–01–P educational and cultural interests, of the President’s major disaster developments, and achievements of the declaration for the State of Texas, dated people of the United States and other September 24, 2005, is hereby amended DEPARTMENT OF STATE nations * * * and thus to assist in the to establish the incident period for this development of friendly, sympathetic [Public Notice 5210] disaster as beginning September 23, and peaceful relations between the 2005, and continuing through October Bureau of Educational and Cultural United States and the other countries of 14, 2005. Affairs (ECA) Request for Grant the world.’’ The funding authority for All other information in the original Proposals: Future Leaders Exchange the program above is provided through declaration remains unchanged. Civic Education Workshop legislation. (Catalog of Federal Domestic Assistance Purpose: This workshop is being Numbers 59002 and 59008) Announcement Type: New Grant. conducted to expose approximately Funding Opportunity Number: ECA/ 110–120 high school students from Herbert L. Mitchell, PE/C/PY–06–02. Eurasia to important elements of a civil Associate Administrator for Disaster Catalog of Federal Domestic society, as described in the goals above. Assistance. Assistance Number: 00.000. The recipient of the grant is responsible [FR Doc. 05–21446 Filed 10–26–05; 8:45 am] Key Dates: Application Deadline: for developing and conducting the Civic BILLING CODE 8025–01–P November 28, 2005. Education workshop based on
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guidelines set forth by ECA’s Youth 1. Provide a Civic Education Significant cost sharing is important Programs Division. Workshop workshop in Washington, DC, as since it will enable a greater number of participants will be attending school in described above and held at the time students to participate. Therefore, those the United States during 2005/06 under period indicated. Congress must be in proposals that show more generous and the Division’s FLEX program. They will session during this time. Program creative cost sharing will be more be selected through an essay contest components should include sessions on favorably viewed. Please refer to the from among a group of 1,200 current federalism, U.S. domestic and foreign Program Objectives, Goals, and FLEX students. Competitive proposals policy, the role of the media in the Implementation (POGI) section of the will demonstrate a method for United States, citizen empowerment, Solicitation Package for greater detail substantive and specific measurement of volunteerism, community activism, and regarding the design of component parts whether the goals listed above have respect and tolerance for individual as well as other program information. been achieved. The maximum grant differences and points of view. award will be $155,000. Only one grant Leadership should be a sub-theme II. Award Information will be awarded. An effort should be throughout the program and should Type of Award: Grant Agreement. made to maximize cost sharing through include the effective exercise of Fiscal Year Funds: FY 06. other private sector support as well as leadership in the political process. Approximate Total Funding: direct institutional funding 2. Provide pre-program training for $155,000. contributions. Provision of cost sharing organization staff on general elements of Approximate Number of Awards: 1. to maximize the number of participants Eurasian society and culture and how Anticipated Award Date: Pending will be looked at very favorably. this impacts on FLEX participants. availability of funds, January 2006. Program Information: The grantee 3. Provide housing and meals for the Additional Information: Pending organization will be responsible for students throughout the program. successful implementation of this coordinating travel arrangements for 4. Arrange travel for students from program and the availability of funds in each participant from his/her host their U.S. host communities to subsequent fiscal years, it is ECA’s community to Washington, DC, and Washington, DC and return in intent to renew this grant for two return, and for providing room and coordination with FLEX placement additional fiscal years, before openly board for students during their time in organizations. (Note: Students will competing it again. Washington. Proposals must likely be coming from most of the 50 demonstrate flexibility and a states.) Provide ground transportation III. Eligibility Information willingness to work with the for students in the DC area, including to III.1. Eligible applicants: Applications Department of State and the Bureau in and from airports. may be submitted by public and private arranging certain briefings and visits, as 5. Provide opportunities to attend non-profit organizations meeting the the opportunity arises. relevant cultural events and visit provisions described in Internal Overview: This workshop should museums and monuments and use these Revenue Code section 26 U.S.C. enable participants to learn firsthand to spark further discussion and learning. about the federal system of government, 6. Coordinate with the Bureau’s Youth 501(c)(3). observe government institutions, hear Programs Division (ECA/PE/C/PY) and III.2. Cost Sharing or Matching Funds: about and discuss issues on the federal the Department’s Office of There is no minimum or maximum agenda, and interact with government Congressional Affairs (H) in making percentage required for this officials. Special attention should be appropriate arrangements for individual competition. However, the Bureau paid to those issues that will be meetings for all workshop participants encourages applicants to provide especially significant to people from the with their respective members of maximum levels of cost sharing and countries of Eurasia. The workshop Congress (either Senator or funding in support of its programs. should also provide an opportunity for Representative). Proposals should maximize cost sharing participants to gain a broader 7. Provide staff to assist in case of through other private sector support as understanding of democratic concepts medical emergencies. well as institutional direct funding and values that are such an integral part 8. Incorporate and describe a program contributions. When cost sharing is of American society and culture, such as component designed to facilitate offered, it is understood and agreed that citizen empowerment, volunteerism, students’ transition from the DC the applicant must provide the amount community action, and respect and program to their host communities. A of cost sharing as stipulated in its tolerance for diversity and individual portion of this component should proposal and later included in an differences and points of view. The provide students with the opportunity approved grant agreement. Cost sharing program should be arranged for seven to demonstrate how they will share may be in the form of allowable direct days, including arrival and departure. what they have learned, both in their or indirect costs. For accountability, the The grantee organization will be U.S. host communities and when they grantee organization must maintain provided with the names of the students return to their home countries. written records to support all costs that who will have been chosen through the 9. Provide a mechanism for evaluation are claimed as its contribution, as well competitive essay contest conducted by of the program in terms of its impact on as costs to be paid by the Federal another grantee organization. A group of the students and its success in fulfilling government. Such records are subject to independent, objective selectors will the objectives. audit. The basis for determining the review the essays. Winning essays will A competitive proposal will value of cash and in-kind contributions be sent to the Civic Education grantee incorporate important elements of must be in accordance with OMB organization, as well. American culture in sessions that are Circular A–110, (Revised), Subpart Guidelines: The workshop should be largely interactive and designed to C.23—Cost Sharing and Matching. In held in late winter or early Spring 2006. appeal to high school-age students. The the event the grantee organization does Proposals must effectively describe the program must be substantive and not provide the minimum amount of organization’s ability to accomplish the academic while, at the same time, be cost sharing as stipulated in the following essential components of the paced realistically to meet the needs of approved budget, ECA’s contribution program: people in this age group. will be reduced in like proportion.
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III.3. Other Eligibility Requirements: IV.3a. You are required to have a Dun principle both in program Bureau grant guidelines require that and Bradstreet Data Universal administration and in program content. organizations with less than four years Numbering System (DUNS) number to Please refer to the review criteria under experience in conducting international apply for a grant or cooperative the ‘Support for Diversity’ section for exchanges be limited to $60,000 in agreement from the U.S. Government. specific suggestions on incorporating Bureau funding. Since ECA anticipates This number is a nine-digit diversity into your proposal. Public Law awarding only one grant in an amount identification number, which uniquely 104–319 provides that ‘‘in carrying out up to $155,000 to support program and identifies business entities. Obtaining a programs of educational and cultural administrative costs required to DUNS number is easy and there is no exchange in countries whose people do implement this exchange program, charge. To obtain a DUNS number, not fully enjoy freedom and organizations with less than four years access http:// democracy,’’ the Bureau ‘‘shall take experience in conducting international www.dunandbradstreet.com or call 1– appropriate steps to provide exchanges are ineligible to apply under 866–705–5711. Please ensure that your opportunities for participation in such this competition. DUNS number is included in the programs to human rights and appropriate box of the SF–424 which is democracy leaders of such countries.’’ IV. Application and Submission part of the formal application package. Public Law 106–113 requires that the Information IV.3b. All proposals must contain an governments of the countries described Note: Please read the complete Federal executive summary, proposal narrative above do not have inappropriate Register announcement before sending and budget. influence in the selection process. inquiries or submitting proposals. Once the IV.3c. You must have nonprofit status Proposals should reflect advancement of RFGP deadline has passed, Bureau staff may with the IRS at the time of application. these goals in their program contents, to not discuss this competition with applicants If your organization is a private the full extent deemed feasible. until the proposal review process has been nonprofit which has not received a grant IV.3d.3. Program Monitoring and completed. or cooperative agreement from ECA in Evaluation. Proposals must include a IV.1. Contact Information to Request the past three years, or if your plan to monitor and evaluate the an Application Package: Please contact organization received nonprofit status project’s success, both as the activities the Office of Citizen Exchanges, Youth from the IRS within the past four years, unfold and at the end of the program. Programs Division (ECA/PE/C/PY), you must submit the necessary The Bureau recommends that your Room 568, U.S. Department of State, documentation to verify nonprofit status proposal include a draft survey SA–44, 301 4th Street, SW., as directed in the PSI document. Failure questionnaire or other technique plus a Washington, DC 20547, telephone to do so will cause your proposal to be description of a methodology to use to (202)203–7513; fax (202)203–7529; declared technically ineligible. link outcomes to original project e-mail: [email protected] to request a IV.3d. Please take into consideration objectives. The Bureau expects that the Solicitation Package. Please refer to the the following information when grantee will track participants or Funding Opportunity Number ECA/PE/ preparing your proposal narrative: partners and be able to respond to key C/PY–06–02 located at the top of this IV.3d.1 Adherence To All Regulations evaluation questions, including announcement when making your Governing The J Visa. For informational satisfaction with the program, learning request. purposes only, the Bureau of as a result of the program, changes in The Solicitation Package contains the Educational and Cultural Affairs is behavior as a result of the program, and Proposal Submission Instruction (PSI) placing renewed emphasis on the secure effects of the program on institutions document that consists of required and proper administration of Exchange (institutions in which participants work application forms, and standard Visitor (J visa) Programs and adherence or partner institutions). The evaluation guidelines for proposal preparation, by grantees and sponsors to all plan should include indicators that including additional formatting and regulations governing the J visa. A copy measure gains in mutual understanding technical requirements. It also contains of the complete regulations governing as well as substantive knowledge. the Project Objectives, Goals and the administration of Exchange Visitor Successful monitoring and evaluation Implementation (POGI) document, (J) programs is available at http:// depend heavily on setting clear goals which provides specific information, exchanges.state.gov or from: United and outcomes at the outset of a program. award criteria and budget instructions States Department of State, Office of Your evaluation plan should include a tailored to this competition. Exchange Coordination and description of your project’s objectives, Please specify Diana Aronson and Designation, ECA/EC/ECD—SA–44, your anticipated project outcomes, and refer to the Funding Opportunity Room 734, 301 4th Street, SW., how and when you intend to measure Number ECA/PE/C/PY–06–02 located at Washington, DC 20547, Telephone: these outcomes (performance the top of this announcement on all (202) 203–5029, Fax: (202) 453–8640. indicators). The more that outcomes are other inquiries and correspondence. IV.3d.2 Diversity, Freedom and ‘‘smart’’ (specific, measurable, IV.2. To Download a Solicitation Democracy Guidelines. Pursuant to the attainable, results-oriented, and placed Package Via Internet: The entire Bureau’s authorizing legislation, in a reasonable time frame), the easier Solicitation Package may be programs must maintain a non-political it will be to conduct the evaluation. You downloaded from the Bureau’s Web site character and should be balanced and should also show how your project at http://exchanges.state.gov/education/ representative of the diversity of objectives link to the goals of the rfgps/menu.htm. Please read all American political, social, and cultural program described in this RFGP. information before downloading. life. ‘‘Diversity’’ should be interpreted Your monitoring and evaluation plan IV.3. Content and Form of in the broadest sense and encompass should clearly distinguish between Submission: Applicants must follow all differences including, but not limited to program outputs and outcomes. Outputs instructions in the Solicitation Package. ethnicity, race, gender, religion, are products and services delivered, The original and 8 copies of the geographic location, socio-economic often stated as an amount. Output application should be sent per the status, and physical challenges. information is important to show the instructions under IV.3e. ‘‘Submission Applicants are strongly encouraged to scope or size of project activities, but it Dates and Times section’’ below. adhere to the advancement of this cannot substitute for information about
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progress towards outcomes or the IV.3e. Please take the following Important note: When preparing your results achieved. Examples of outputs information into consideration when submission please make sure to include one include the number of people trained or preparing your budget: extra copy of the completed SF–424 form and IV.3e.1. Applicants must submit a place it in an envelope addressed to ‘‘ECA/ the number of seminars conducted. EX/PM’’. Outcomes, in contrast, represent comprehensive budget for the entire specific results a project is intended to program. Organizations must bid on The original and eight (8) copies of achieve and is usually measured as an arranging a program for a minimum of the application should be sent to: U.S. extent of change. Findings on outputs 110 students but may increase the Department of State, SA–44, Bureau of and outcomes should both be reported, number of participants through cost Educational and Cultural Affairs, Ref.: but the focus should be on outcomes. sharing the additional expenses ECA/PE/C/PY–06–02, Program We encourage you to assess the incurred, thus maximizing cost Management, ECA/EX/PM, Room 534, following four levels of outcomes, as effectiveness and optimal program 301 4th Street, SW., Washington, DC they relate to the program goals set out planning. It is estimated that the total 20547. in the RFGP (listed here in increasing costs of the Civic Education workshop Along with the Project Title, all order of importance): will average $1,300 per FLEX applicants must enter the above 1. Participant satisfaction with the participant for a one-week program, Reference Number in Box 11 on the SF– program and exchange experience. including domestic travel. The award 424 contained in the mandatory 2. Participant learning, such as may not exceed $155,000. Your Proposal Submission Instructions (PSI) increased knowledge, aptitude, skills, submission must include a summary of the solicitation document. and changed understanding and budget as well as breakdowns reflecting IV.3g. Intergovernmental Review of attitude. Learning includes both both administrative and program Applications: Executive Order 12372 substantive (subject-specific) learning budgets. Applicants may provide does not apply to this program. and mutual understanding. separate sub-budgets for each program V. Application Review Information 3. Participant behavior, concrete component, phase, location, or activity actions to apply knowledge in work or to provide clarification. V.1. Review Process community; greater participation and IV.3e.2. Please refer to the Solicitation The Bureau will review all proposals responsibility in civic organizations; Package for further details, including a for technical eligibility. Proposals will interpretation and explanation of list of allowable costs for the program. be deemed ineligible if they do not fully experiences and new knowledge gained; IV.3f. Submission Dates and Times: adhere to the guidelines stated herein Application Deadline Date: Monday, continued contacts between and in the Solicitation Package. All November 28, 2005. participants, community members, and eligible proposals will be reviewed by Explanation of Deadlines: Due to others. the program office. Eligible proposals heightened security measures, proposal 4. Institutional changes, such as will be subject to compliance with submissions must be sent via a increased collaboration and Federal and Bureau regulations and nationally recognized overnight delivery partnerships, policy reforms, new guidelines and forwarded to Bureau service (i.e., DHL, Federal Express, UPS, programming, and organizational grant panels for advisory review. Airborne Express, or U.S. Postal Service improvements. Proposals may also be reviewed by the Express Overnight Mail, etc.) and be Office of the Legal Adviser or by other Please note: Consideration should be given shipped no later than the above Department elements. Final funding to the appropriate timing of data collection deadline. The delivery services used by decisions are at the discretion of the for each level of outcome. For example, applicants must have in-place, Department of State’s Assistant satisfaction is usually captured as a short- centralized shipping identification and Secretary for Educational and Cultural term outcome, whereas behavior and tracking systems that may be accessed institutional changes are normally Affairs. Final technical authority for via the Internet and delivery people considered longer-term outcomes. assistance awards (grants) resides with who are identifiable by commonly the Bureau’s Grants Officer. Overall, the quality of your recognized uniforms and delivery monitoring and evaluation plan will be vehicles. Proposals shipped on or before Review Criteria judged on how well it (1) Specifies the above deadline but received at ECA Technically eligible applications will intended outcomes; (2) gives clear more than seven days after the deadline be competitively reviewed according to descriptions of how each outcome will will be ineligible for further the criteria stated below. These criteria be measured; (3) identifies when consideration under this competition. are not rank ordered and all carry equal particular outcomes will be measured; Proposals shipped after the established weight in the proposal evaluation: and (4) provides a clear description of deadlines are ineligible for 1. Quality of the program idea: the data collection strategies for each consideration under this competition. It Proposals should exhibit originality, outcome (i.e., surveys, interviews, or is each applicant’s responsibility to substance, precision, and relevance to focus groups). (Please note that ensure that each package is marked with the Bureau’s mission, as well as the evaluation plans that deal only with the a legible tracking number and to objectives of the FLEX program. first level of outcomes [satisfaction] will monitor/confirm delivery to ECA via the Program design must reflect an be deemed less competitive under the Internet. ECA will not notify you upon understanding of young people and of present evaluation criteria.) receipt of application. Delivery of cultural traits that would be specific to The grantee will be required to proposal packages may not be made via this population. provide reports analyzing their local courier service or in person for this 2. Program planning: Detailed agenda evaluation findings to the Bureau in its competition. Faxed documents will not and relevant work plan should regular program report. All data be accepted at any time. Only proposals demonstrate substantive undertakings collected, including survey responses submitted as stated above will be and logistical capacity. Agenda and plan and contact information, must be considered. Applications may not be should adhere to the program overview maintained for a minimum of three submitted electronically at this time. and guidelines described above. years and provided to the Bureau upon Applicants must follow all 3. Ability to achieve program request. instructions in the Solicitation Package. objectives: Objectives should be
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reasonable, feasible, and flexible. procedures. Successful applicants will listed in the final assistance award Proposals should clearly demonstrate receive an Assistance Award Document document. how the organization will meet the (AAD) from the Bureau’s Grants Office. VII. Agency Contacts program’s objectives and plan. The AAD and the original grant 4. Multiplier effect/impact: Proposed proposal with subsequent modifications For questions about this programs should describe the impact (if applicable) shall be the only binding announcement, contact: Diana Aronson, that workshop participants will have on authorizing document between the Office of Citizen Exchanges, Youth others, both in their U.S. host recipient and the U.S. Government. The Programs Division, ECA/PE/C/PY, Room communities and in Eurasia after they AAD will be signed by an authorized 568, ECA/PE/C/PY–06–02, U.S. return home. There should be a specific Grants Officer, and mailed to the Department of State, SA–44, 301 4th plan for providing students with tools recipient’s responsible officer identified Street, SW., Washington, DC 20547, they can take back to their Eurasian in the application. Unsuccessful phone—(202) 203–7501, fax—(202) home countries to implement concepts applicants will receive notification of 203–7529, [email protected]. All and ideas they have gained from the the results of the application review correspondence with the Bureau workshop. Proposals also should from the ECA program office concerning this RFGP should reference explain how students will be prepared coordinating this competition. the above title and number ECA/PE/C/ to transition back to their host VI.2 Administrative and National PY–06–02. communities. Policy Requirements: Terms and Please read the complete Federal 5. Support of Diversity: Proposals Conditions for the Administration of Register announcement before sending inquiries or submitting proposals. Once should demonstrate substantive support ECA agreements include the following: the RFGP deadline has passed, Bureau of the Bureau’s policy on diversity. Office of Management and Budget staff may not discuss this competition Achievable and relevant features should Circular A–122, ‘‘Cost Principles for with applicants until the proposal be cited in both program administration Nonprofit Organizations.’’ review process has been completed. (selection of participants, program Office of Management and Budget venue and program evaluation) and Circular A–21, ‘‘Cost Principles for VIII. Other Information program content (orientation and wrap- Educational Institutions.’’ Notice up sessions, program meetings, resource OMB Circular A–87, ‘‘Cost Principles materials and follow-up activities). for State, Local and Indian The terms and conditions published 6. Institutional Capacity: Proposed Governments.’’ in this RFGP are binding and may not personnel and organizational resources OMB Circular No. A–110 (Revised), be modified by any Bureau should be adequate and appropriate to Uniform Administrative Requirements representative. Explanatory information achieve the program or project’s goals. for Grants and Agreements with provided by the Bureau that contradicts 7. Institution’s Record/Ability: Institutions of Higher Education, published language will not be binding. Proposals should demonstrate an Hospitals, and other Nonprofit Issuance of the RFGP does not institutional record of successful Organizations. constitute an award commitment on the exchange programs, including part of the Government. The Bureau responsible fiscal management and full OMB Circular No. A–102, Uniform Administrative Requirements for reserves the right to reduce, revise, or compliance with all reporting increase proposal budgets in accordance requirements for past Bureau grants as Grants-in-Aid to State and Local Governments. with the needs of the program and the determined by Bureau Grants Staff. The availability of funds. Awards made will OMB Circular No. A–133, Audits of Bureau will consider the past be subject to periodic reporting and States, Local Government, and Non- performance of prior recipients and the evaluation requirements per section VI.3 profit Organizations. demonstrated potential of new above. Please reference the following Web applicants. Dated: October 19, 2005. 8. Project Evaluation: Proposals sites for additional information: http:// should include a plan to evaluate the www.whitehouse.gov/omb/grants; Dina Habib Powell, activity’s success, both as the activities http://exchanges.state.gov/education/ Assistant Secretary for Educational and unfold and at the end of the program. A grantsdiv/terms.htm#articleI. Cultural Affairs, Department of State. draft survey questionnaire or other VI.3. Reporting Requirements: You [FR Doc. 05–21471 Filed 10–26–05; 8:45 am] technique plus description of a must provide ECA with a hard copy BILLING CODE 4710–05–P methodology to use to link outcomes to original plus two copies of the following original project objectives is report: A final program and financial DEPARTMENT OF TRANSPORTATION recommended. report no more than 90 days after the expiration of the award. 9. Cost-effectiveness/Cost-sharing: Office of the Secretary The overhead and administrative As indicated above, the grantee will components of the proposal, including be required to provide reports analyzing Aviation Proceedings, Agreements salaries and honoraria, should be kept its evaluation findings to the Bureau in Filed the Week Ending September 30, as low as possible. All other items its regular program report. (Please refer 2005 should be necessary and appropriate. to IV. Application and Submission Proposals should maximize cost-sharing Instructions (IV.3.d.3) above for Program The following Agreements were filed through other private sector support as Monitoring and Evaluation with the Department of Transportation well as institutional direct funding information). under the Sections 412 and 414 of the contributions. All data collected, including survey Federal Aviation Act, as amended (49 responses and contact information, must U.S.C. 1382 and 1384) and procedures VI. Award Administration Information be maintained for a minimum of three governing proceedings to enforce these VI.1. Award Notices: Final awards years and provided to the Bureau upon provisions. Answers may be filed within cannot be made until funds have been request. 21 days after the filing of the appropriated by Congress, allocated and All reports must be sent to the ECA application. committed through internal Bureau Grants Officer and ECA Program Officer Docket Number: OST–2005–22568.
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Date Filed: September 26, 2005. DEPARTMENT OF TRANSPORTATION Due Date for Answers, Conforming Parties: Members of the International Applications, or Motion to Modify Office of the Secretary Air Transport Association. Scope: October 17, 2005. Description: Application of US Subject: TC1 Passenger Tariff Notice of Applications for Certificates Airways, Inc. (‘‘US Airways’’) in Coordinating Conference of Public Convenience and Necessity response to the Department’s Notice Teleconference, 25–27 July 2005; TC1 and Foreign Air Carrier Permits Filed served August 26, 2005, US Airways Within South America Resolutions Under Subpart B (Formerly Subpart Q) requests parallel certificate authority for (PTC1 0331); TC1 Passenger Tariff During the Week Ending September 30, its pending and existing exemptions to Coordinating Conference 2005 provide scheduled foreign air transportation of persons, property and Teleconference, 25–27 July 2005; TC1 The following Applications for mail, as well as authority for Open Skies Longhaul between USA and Chile, Certificates of Public Convenience and markets for which US Airways has not Panama Resolutions (PTC1 0334); Necessity and Foreign Air Carrier previously sought or obtained any Minutes: TC1 Teleconference, 25–27 Permits were filed under Subpart B authority. US Airways further seeks July 2005 (Memo PTC1 338); Tables: (formerly Subpart Q) of the Department TC1 Within South America specified integration authority to combine this of Transportation’s Procedural authority with their other authorities. fare table (Memo PTC1 0102); Technical Regulations (See 14 CFR 301.201 et Correction: TC1 Passenger Tariff seq.). The due date for Answers, Docket Number: OST–2004–18481. Coordinating Conference Date Filed: September 27, 2005. Conforming Applications, or Motions to Due Date for Answers, Conforming Teleconference, 25–27 July 2005; TC1 Modify Scope are set forth below for Applications, or Motion to Modify Longhaul between USA and Chile, each application. Following the Answer Scope: October 18, 2005. Panama (PTC0337); Intended effective period DOT may process the application Description: Amendment no. 1 of date: 1 January 2006. by expedited procedures. Such Domodedovo Airlines amending its procedures may consist of the adoption Docket Number: OST–2005–22595. application for a foreign air carrier of a show-cause order, a tentative order, permit to operate scheduled passenger Date Filed: September 28, 2005. or in appropriate cases a final order and combination scheduled flights Parties: Members of the International without further proceedings. between Moscow-Domodedovo Airport, Air Transport Association. Docket Number: OST–2005–22228, Russia (DME), and Miami, FL (MIA), Subject: TC23/123 Europe—Japan/ OST–2005–22577. commencing on or about April 1, 2006. Korea Expedited Resolution 002af Date Filed: September 26, 2005. Docket Number: OST–1999–6323. (Memo 0130); rl; Intended effective date: Due Date for Answers, Conforming Date Filed: September 29, 2005. Due Date for Answers, Conforming 1 December 2005. Applications, or Motion to Modify Scope: October 17, 2005. Applications, or Motion to Modify Docket Number: OST–2005–22598. Description: Application of PSA Scope: October 20, 2005. Date Filed: September 28, 2005. Airlines, Inc. (‘‘PSA’’), in response to Description: Application of United the Department’s Notice served August Parcel Service Co., requesting renewal Parties: Members of the International 26, 2005, PSA requests parallel and amendment of its certificate of Air Transport Association. certificate authority for its existing public convenience and necessity for Subject: TC23/TC123 Africa-TC3 exemptions to provide scheduled Route 797, authorizing UPS to provide Geneva & Teleconference, 12–14 foreign air transportation of persons, foreign air transportation of property September 2005; Intended effective property and mail, as well as for such and mail with full traffic rights between date: 1 November 2005. authority for Open Skies markets in the any point or points in the United States, Caribbean region for which it has not via any intermediate points to any point Docket Number: OST–2005–22599. previously sought or obtained any or points in China, and beyond to any Date Filed: September 28, 2005. authority. PSA further seeks integration points outside China, with full traffic Parties: Members of the International authority to combine this authority with rights between all points on the route. Air Transport Association. their other authorities. UPS further requests such further and Docket Number: OST–2005–22228, different relief as the Department may Subject: TC23/TC123 Middle East- deem just and necessary. South Asian Subcontinent expedited OST–2005–22576. Date Filed: September 26, 2005. Docket Number: OST–2001–9027. reso 002am; Geneva & Teleconference, Date Filed: September 30, 2005. Due Date for Answers, Conforming 12–14 September 2005 (Memo 0240); Due Date for Answers, Conforming Applications, or Motion to Modify TC23/TC123 Middle East-South West Applications, or Motion to Modify Scope: October 17, 2005. Pacific Expedited reso 002ai; Geneva & Scope: October 17, 2005. Description: Application of JetBlue Teleconference, 12–14 September 2005 Description: Application of American Airways Corporation (‘‘JetBlue’’), (Memo 0241); TC23/TC123 Middle East- Airlines, Inc., requesting renewal of the requesting a certificate of public following authority in its certificate of Japan, Korea Reso 002an; Geneva & convenience and necessity to engage in Teleconference, 12–14 September 2005 public convenience and necessity for foreign scheduled air transportation of Route 147 authorizing scheduled foreign (Memo 0242); Intended effective date: 1 persons, property and mail to Cancun, November 2005. air transportation of persons, property, Mexico from New York, NY, including and mail. integration authority with its other and Renee V. Wright, Docket Number: OST–2001–9027. future certificate authority held by Program Manager, Docket Operations, Date Filed: September 26, 2005. Federal Register Liaison. JetBlue as provided in the August 23 Due Date for Answers, Conforming Notice issued in OST–2005–22228. [FR Doc. 05–21453 Filed 10–26–05; 8:45 am] Applications, or Motion to Modify Docket Number: OST–2005–22228, BILLING CODE 4910–62–P Scope: October 21, 2005. OST–2005–22578. Description: Application of American Date Filed: September 26, 2005. Airlines, Inc., requesting renewal of its
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certificate of public convenience and published pursuant to 14 CFR 11.85 and and authorized check airman in place of necessity for Route 612 authorizing 11.91. an FAA inspector to observe a scheduled foreign air transportation of Issued in Washington, DC, on October 17, qualifying pilot in command (PIC) while persons, property, and mail between 2005. that PIC is performing prescribed duties New York and Moscow. Anthony F. Fazio, during at least one flight leg that Docket Number: OST–2005–22621. Director, Office of Rulemaking. includes a takeoff and a landing when Date Filed: September 30, 2005. completing initial or upgrade training as Due Date for Answers, Conforming Dispositions of Petitions specified in § 121.434. Applications, or Motion to Modify Docket No.: FAA–2005–22171. Grant, 9/30/2005, Exemption No. Scope: October 21, 2005. Petitioner: Shuttle America 8644. Description: Application of ASTAR Corporation. Docket No.: FAA–2004–18598. Air Cargo, Inc., requesting permanent Sections of 14 CFR Affected: 14 CFR Petitioner: Evergreen International certificate authority to replace existing 121.415(a), 121.417, and 121.421. Aviation, Inc. exemption authority over two US– Description of Relief Sought/ Section of 14 CFR Affected: 14 CFR Mexico routes. Specifically, ASTAR Disposition: To allow Shuttle America 91.319(a) and (c). seeks an amendment to its certificate of Corporation (SAC) and its flight Description of Relief Sought/ public convenience and necessity for attendants to count the training and Disposition: To allow Evergreen Route 725 to provide scheduled foreign experience accomplished for flight International Aviation, Inc., to operate air transportation of property and mail attendants on the EMB–170 while those its modified Boeing 747–200 aircraft between El Paso, TX and Saltillo, flight attendants were employed by which holds an experimental Mexico and between San Antonio, TX Chautauqua Airlines, Inc. as if that airworthiness certificate issued for the and Saltillo, Mexico which corresponds training and experience were purpose of research and development, to existing exemption authority granted accomplished at SAC. to conduct aerial liquid dispensing on September 12, 2005. Grant, 9/29/2005, Exemption No. demonstrations for compensation or 8642. Renee V. Wright, hire. Grant, 9/30/2005, Exemption No. Program Manager, Docket Operations, Docket No.: FAA–2001–9862. Federal Register Liaison. Petitioner: Bright Star Aviation. 8645. [FR Doc. 05–21452 Filed 10–26–05; 8:45 am] Section of 14 CFR Affected: 14 CFR Docket No.: FAA–2002–12181. 135.143(c)(2). BILLING CODE 4910–62–P Petitioner: Atlas Air, Inc. Description of Relief Sought/ Section of 14 CFR Affected: 14 CFR Disposition: To allow Bright Star 121.583(a)(8). Aviation to operate certain aircraft DEPARTMENT OF TRANSPORTATION Description of Relief Sought/ under part 135 without a TSO–C112 Disposition: To allow up to three (Mode S) transponder installed on those Federal Aviation Administration dependents of Atlas Air, Inc., employees aircraft. to be added to the list of persons [Summary Notice No. PE–2005–60] Grant, 9/30/2005, Exemption No. specified in § 121.583(a)(8) that Atlas 7078C. Air is authorized to transport without Petitions for Exemption; Dispositions Docket No.: FAA–2003–16254. complying with certain passenger- of Petitions Issued Petitioner: Sunset Aviation, Inc. carrying aircraft requirements in part AGENCY: Federal Aviation Section of 14 CFR Affected: 14 CFR 121. Administration (FAA), DOT. 135.143(c)(2). Grant, 10/5/2005, Exemption No. Description of Relief Sought/ 8646. ACTION: Notice of disposition of prior Disposition: To allow Sunset Aviation, [FR Doc. 05–21464 Filed 10–26–05; 8:45 am] petition. Inc., to operate certain aircraft under BILLING CODE 4910–13–M/P SUMMARY: Pursuant to FAA’s rulemaking part 135 without a TSO–C112 (Mode S) provisions governing the application, transponder installed on those aircraft. processing, and disposition of petitions Grant, 9/30/2005, Exemption No. DEPARTMENT OF TRANSPORTATION for exemption, part 11 of Title 14, Code 8147A. of Federal Regulations (14 CFR), this Docket No.: FAA–2005–22479. Pipeline and Hazardous Materials notice contains the disposition of Petitioner: Yellow Bird Aviation, Inc. Safety Administration certain petitions previously received. Section of 14 CFR Affected: 14 CFR The purpose of this notice is to improve 135.143(c)(2). International Standards on the the public’s awareness of, and Description of Relief Sought/ Transport of Dangerous Goods; Public participation in, this aspect of FAA’s Disposition: To allow Yellow Bird Meeting regulatory activities. Neither publication Aviation, Inc., to operate certain aircraft AGENCY: Pipeline and Hazardous of this notice nor the inclusion or under part 135 without a TSO–C112 Materials Safety Administration omission of information in the summary (Mode S) transponder installed on those (PHMSA), Department of is intended to affect the legal status of aircraft. Transportation. any petition or its final disposition. Grant, 9/30/2005, Exemption No. ACTION: Notice of public meeting. FOR FURTHER INFORMATION CONTACT: Tim 8643. Adams (202) 267–8033, Sandy Docket No.: FAA–2005–22497. SUMMARY: This notice is to advise Buchanan-Sumter (202) 267–7271, or Petitioner: Omni Air International. interested persons that PHMSA will John Linsenmeyer (202) 267–5174, Section of 14 CFR Affected: 14 CFR conduct a public meeting in preparation Office of Rulemaking (ARM–1), Federal 121.434(c)(1)(ii). for the 28th session of the United Aviation Administration, 800 Description of Relief Sought/ Nation’s Sub-Committee on Experts on Independence Avenue, SW., Disposition: To allow Omni Air the Transport of Dangerous Goods Washington, DC 20591. This notice is International to substitute a qualified (UNSCOE) to be held November 28–
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December 7, 2005 in Geneva, PHMSA’s Hazardous Materials Safety enables taxpayers to request an Switzerland. Homepage at http://hazmat.dot.gov/ extension of time to file 709, when they DATES: November 16, 2005 9:30 a.m.– regs/intl/intstandards.htm. PHMSA’s are not filing an individual income tax 12:30 p.m., Room 6244. site provides additional information extension. Second, it serves as a regarding the UNSCOE and related payment voucher for taxpayers, who are ADDRESSES: The meeting will be held at DOT Headquarters, Nassif Building, 400 matters such as a summary of decisions filing an individual income tax Seventh Street SW., Washington, DC taken at previous sessions of the extension (by Form 4868) and will have 20590. UNSCOE. a gift tax balance due on form 709. Issued in Washington, DC, on October 21, FOR FURTHER INFORMATION CONTACT: Mr. Respondents: Individuals and 2005. Bob Richard, Director, Office of households. International Standards, or Mr. Duane Robert A. McGuire, Estimated Total Burden Hours: 7,400 Pfund, Senior International Associate Administrator for Hazardous hours. Transportation Specialist, Office of Materials Safety. OMB Number: 1545–1942. Hazardous Materials Safety, Department [FR Doc. 05–21467 Filed 10–26–05; 8:45am] of Transportation, Washington, DC BILLING CODE 4910–60–M Type of Review: Extension. 20590; (202) 366–0656. Title: Notice 2005–44 Charitable SUPPLEMENTARY INFORMATION: The Contributions of Certain Motor Vehicles, primary purpose of this meeting will be DEPARTMENT OF THE TREASURY Boats and Airplanes. to prepare for the 28th session of the Description: The notice provides UNSCOE and to discuss draft U.S. Submission for OMB Review; Comment Request guidance under new section 170(f)(12) positions on UNSCOE proposals. The and 6720 regarding how to determine 28th session of the UNSCOE is the October 20, 2005. the amount of a charitable contribution second meeting in the current biennium The Department of the Treasury has for certain vehicles and the related cycle. The UNSCOE will consider submitted the following public substantiation and information proposals for the 5th Revised Edition of information collection requirement(s) to reporting requirements. the United Nations Recommendations OMB for review and clearance under the Respondents: Individuals or on the Transport of Dangerous Goods Paperwork Reduction Act of 1995, Model Regulations. Topics to be covered households and Not-for-profit Public Law 104–13. Copies of the institutions. during the public meetings include: submission(s) may be obtained by (1) Transport of compressed gases, (2) calling the Treasury Bureau Clearance Estimated Total Burden Hours: 3,041 Transport of Dangerous Goods in Officer listed. Comments regarding this hours. limited and excepted quantities, (3) information collection should be OMB Number: 1545–1950. Requirements for Intermodal Bulk addressed to the OMB reviewer listed Containers (IBC), (4) Requirements for Type of Review: Extension. and to the Treasury Department the construction and testing of Title: Return by a Shareholder Making Clearance Officer, Department of the packagings for Division 6.2 Infectious Certain Late Elections To End Treatment Treasury, Room 11000, 1750 Substances, (5) Harmonization with the as a Passive Foreign Investment Pennsylvania Avenue, NW., IAEA Regulations for the safe transport Company. Washington, DC 20220. of radioactive materials, (6) Options to Form: IRS form 8621–A2. facilitate global harmonization of DATES: Written comments should be transport of dangerous goods received on or before November 28, Description: Form 8621–A is used by regulations, (7) Miscellaneous proposals 2005, to be assured of consideration. certain taxpayer/investors to request ending of their treatment as investing in related to listing and classification and Internal Revenue Service (IRS) the use of packagings and tanks. The a Passive Foreign Investment Company. public is invited to attend without prior OMB Number: 1545–1417. News regulations are being written in notification. Due to the heightened Type of Review: Extension. support of new products. The security measures participants are Title: Indian Employment Credit. underlying law is in IRC sections 1297 encouraged to arrive early to allow time Form: IRS form 8845. and 1298. for security checks necessary to obtain Description: Employers can claim a Respondents: Individuals or access to the building. In lieu of credit for hiring American Indians or households and Business or other for- conducting a public meeting after the their spouses to work within an Indian profit. 28th session of the UNSCOE to present reservation. The credit is figured by multiplying by 20% the increase in Estimated Total Burden Hours: 65,400 the results of the session, PHMSA will hours. place a copy of the subcommittee’s wages and health insurance costs over report and an updated copy of the pre- the comparable amount paid or incurred Clearance Officer: Glenn P. Kirkland, meeting summary document on during calendar year 1993. (202) 622–3428, Internal Revenue PHMSA’s Hazardous Materials Safety Respondents: Business or other for- Service, Room 6516, 1111 Constitution Homepage at http://hazmat.dot.gov/ profit. Avenue, NW., Washington, DC 20224. regs/intl/intstandards.htm. Estimated Total Burden Hours: 11,314 OMB Reviewer: Alexander T. Hunt, hours. (202) 395–7316, Office of Management Documents OMB Number: 1545–1913. and Budget, Room 10235, New Copies of documents for the UNSCOE Type of Review: Extension. Executive Office Building, Washington, meeting and the meeting agenda may be Title: Payment of Gift/GST Tax and/ DC 20503. obtained by downloading them from the or Application for Extension of Time to United Nations Transport Division’s File Form 709. Michael A. Robinson, Web site at: http://www.unece.org/trans/ Form: IRS form 8892. Treasury PRA Clearance Officer. main/dgdb/dgsubc/c32005.html. This Description: Form 8892 was created to [FR Doc. 05–21417 Filed 10–26–05; 8:45 am] site may also be accessed through serve a dual purpose. First, the form BILLING CODE 4830–01–P
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DEPARTMENT OF THE TREASURY exemption covered by 5 U.S.C. from 9 a.m. to 1 p.m. in Room 3313, 552b(c)(9)(A). main Internal Revenue Service building, Departmental Offices; Debt Treasury staff will provide a technical 1111 Constitution Avenue, NW., Management Advisory Committee briefing to the press on the day before Washington, DC 20224. Issues to be Meeting the Committee meeting, following the discussed include: Redesigned Notices release of a statement of economic and Postage Reduction, Strengthening Notice is hereby given, pursuant to 5 conditions, financing estimates and EITC Compliance and Outreach, U.S.C. App. 2, § 10(a)(2), that a meeting technical charts. This briefing will give Employment Tax Pyramiding, E-services will be held at the Hay-Adams Hotel, the press an opportunity to ask for Reporting Agencies, Tax Shelter 16th Street and Pennsylvania Avenue, questions about financing projections Strategy, and Focus on Mid-Market NW., Washington, DC, on November 1, and technical charts. The day after the Taxpayer Compliance. Reports from the 2005 at 3 p.m. of the following debt Committee meeting, Treasury will three IRSAC sub-groups: Large and Mid- management advisory committee: release the minutes of the meeting, any size Business; Small Business/Self- Treasury Borrowing Advisory charts that were discussed at the Employed; and Wage & Investment, will Committee of The Bond Market meeting, and the Committee’s report to also be presented and discussed. Last Association (‘‘Committee’’). the Secretary. Treasury is providing less minute agenda changes may preclude The agenda for the meeting provides than the standard 15 days’ notice of the advance notice. The meeting room for a charge by the Secretary of the meeting due to an unusual accommodates approximately 50 Treasury or his designate that the administrative error. people, IRSAC members and Internal Committee discuss particular issues, The Office of Debt Management is Revenue Service officials inclusive. Due and a working session. Following the responsible for maintaining records of to limited seating and security working session, the Committee will debt management advisory committee requirements, please call Jacqueline present a written report of its meetings and for providing annual Tilghman to confirm your attendance. recommendations. The meeting will be reports setting forth a summary of Ms. Tilghman can be reached at 202– closed to the public, pursuant to 5 Committee activities and such other 622–6440. Attendees are encouraged to U.S.C. App. 2, § 10(d) and Pub. L. 103– matters as may be informative to the arrive at least 30 minutes before the 202, § 202(c)(1)(B) (31 U.S.C. 3121 note). public consistent with the policy of 5 meeting begins to allow sufficient time This notice shall constitute my U.S.C. 552(b). The Designated Federal for purposes of security clearance. determination, pursuant to the authority Officer or other responsible agency Please use the main entrance at 1111 placed in heads of agencies by 5 U.S.C. official who may be contacted for Constitution Avenue to enter the App. 2, § 10(d) and vested in me by additional information is Jeff Huther, building. Should you wish the IRSAC to Treasury Department Order No. 101–05, Director, Office of Debt Management, at consider a written statement, please call that the meeting will consist of (202) 622–1868. 202–622–6440, or write to: Internal discussions and debates of the issues Dated: October 21, 2005. Revenue Service, Office of National presented to the Committee by the Timothy Bitsberger, Public Liaison, CL:NPL:P, 1111 Secretary of the Treasury and the Constitution Avenue, NW., Room 7559 Assistant Secretary, Financial Markets. making of recommendations of the IR, Washington, DC 20224 or e-mail: Committee to the Secretary, pursuant to [FR Doc. 05–21420 Filed 10–26–05; 8:45 am] [email protected]. BILLING CODE 4810–25–M Pub. L. 103–202, § 202(c)(1)(B). Thus, Dated: October 21, 2005. this information is exempt from J. Chris Neighbor, disclosure under that provision and 5 DEPARTMENT OF THE TREASURY Designated Federal Official, Branch Chief, U.S.C. 552b(c)(3)(B). In addition, the Liaison/Tax Forum Branch. meeting is concerned with information Internal Revenue Service [FR Doc. E5–5968 Filed 10–26–05; 8:45 am] that is exempt from disclosure under 5 BILLING CODE 4830–01–P U.S.C. 552b(c)(9)(A). The public interest Advisory Council to the Internal requires that such meetings be closed to Revenue Service; Meeting the public because the Treasury DEPARTMENT OF THE TREASURY Department requires frank and full AGENCY: Internal Revenue Service (IRS), advice from representatives of the Treasury. Internal Revenue Service financial community prior to making its ACTION: Notice. final decisions on major financing Proposed Collection; Comment SUMMARY: operations. Historically, this advice has The Internal Revenue Service Request for Form 8874 been offered by debt management Advisory Council (IRSAC) will hold a public meeting on Thursday, November AGENCY: Internal Revenue Service (IRS), advisory committees established by the Treasury. several major segments of the financial 17, 2005. ACTION: Notice and request for community. When so utilized, such a FOR FURTHER INFORMATION CONTACT: Ms. comments. committee is recognized to be an Jacqueline Tilghman, National Public advisory committee under 5 U.S.C. App. Liaison, CL:NPL, Room 7559 IR, 1111 SUMMARY: The Department of the 2, § 3. Constitution Avenue, NW., Washington, Treasury, as part of its continuing effort Although the Treasury’s final DC 20224. Telephone: 202–622–6440 to reduce paperwork and respondent (not a toll-free number). E-mail address: announcement of financing plans may _ burden, invites the general public and not reflect the recommendations public [email protected]. other Federal agencies to take this provided in reports of the Committee, SUPPLEMENTARY INFORMATION: Notice is opportunity to comment on proposed premature disclosure of the Committee’s hereby given pursuant to section and/or continuing information deliberations and reports would be 10(a)(2) of the Federal Advisory collections, as required by the likely to lead to significant financial Committee Act, 5 U.S.C. App. (1988), a Paperwork Reduction Act of 1995, speculation in the securities market. public meeting of the IRSAC will be Public Law 104–13 (44 U.S.C. Thus, this meeting falls within the held on Thursday, November 17, 2005, 3506(c)(2)(A)). Currently, the IRS is
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soliciting comments concerning Form of the burden of the collection of Form Number: Rev. Proc 2005–50. 8874, New Markets Credit. information; (c) ways to enhance the Abstract: This revenue procedure DATES: Written comments should be quality, utility, and clarity of the prescribes how an eligible educational received on or before December 27, 2005 information to be collected; (d) ways to institution may obtain automatic to be assured of consideration. minimize the burden of the collection of consent from the Service to change its ADDRESSES: Direct all written comments information on respondents, including method of reporting under section to Glenn P. Kirkland, Internal Revenue through the use of automated collection 6050S of the Code and the Income Tax Service, room 6516, 1111 Constitution techniques or other forms of information Regulations. Avenue NW., Washington, DC 20224. technology; and (e) estimates of capital Current Actions: There is no change or start-up costs and costs of operation, FOR FURTHER INFORMATION CONTACT: in the paperwork burden previously maintenance, and purchase of services Requests for additional information or approved by OMB. This form is being to provide information. copies of the form and instructions submitted for renewal purposes only. should be directed to R. Joseph Durbala, Approved: October 20, 2005. Type of Review: Extension of a (202) 622–3945, Internal Revenue Glenn P. Kirkland, currently approved collection. Service, room 6516, 1111 Constitution IRS Reports Clearance Officer. Affected Public: Individuals and Avenue NW., Washington, DC 20224, or [FR Doc. E5–5956 Filed 10–26–05; 8:45 am] Households, Businesses and other for- profit organizations. through the Internet at BILLING CODE 4830–01–P [email protected]. Estimated Number of Respondents: 30. SUPPLEMENTARY INFORMATION: Title: New Markets Credit. DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 10 OMB Number: 1545–1804. hours. Form Number: Form 8874. Internal Revenue Service Estimated Total Annual Burden Abstract: Investors to claim a credit Hours: 300. Proposed Collection; Comment for equity investments made in The following paragraph applies to all Request for Revenue Procedure 2005– Qualified Community Development of the collections of information covered 50 Entities use Form 8874. by this notice: Current Actions: There is no change AGENCY: Internal Revenue Service (IRS), An agency may not conduct or in the paperwork burden previously Treasury. sponsor, and a person is not required to approved by OMB. This form is being ACTION: Notice and request for respond to, a collection of information submitted for renewal purposes only. comments. unless the collection of information Type of Review: Extension of a displays a valid OMB control number. currently approved collection. SUMMARY: The Department of the Books or records relating to a collection Affected Public: Individuals or Treasury, as part of its continuing effort of information must be retained as long households, and business or other for- to reduce paperwork and respondent as their contents may become material profit organizations. burden, invites the general public and in the administration of any internal Estimated Number of Respondents: other Federal agencies to take this revenue law. Generally, tax returns and 10,000. opportunity to comment on proposed tax return information are confidential, Estimated Time Per Respondent: 8 and/or continuing information as required by 26 U.S.C. 6103. hours, 76 minutes. collections, as required by the Request for Comments: Comments Estimated Total Annual Burden Paperwork Reduction Act of 1995, submitted in response to this notice will Hours: 87,600. Public Law 104–13 (44 U.S.C. be summarized and/or included in the The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is request for OMB approval. All of the collections of information covered soliciting comments concerning Rev. comments will become a matter of by this notice: Proc. 2005–50, Automatic Consent for public record. Comments are invited on: An agency may not conduct or Eligible Educational Institution to (a) Whether the collection of sponsor, and a person is not required to Change Reporting Methods. information is necessary for the proper respond to, a collection of information DATES: Written comments should be performance of the functions of the unless the collection of information received on or before December 27, 2005 agency, including whether the displays a valid OMB control number. to be assured of consideration. information shall have practical utility; Books or records relating to a collection ADDRESSES: (b) the accuracy of the agency’s estimate of information must be retained as long Direct all written comments to Glenn P. Kirkland, Internal Revenue of the burden of the collection of as their contents may become material information; (c) ways to enhance the in the administration of any internal Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. quality, utility, and clarity of the revenue law. Generally, tax returns and information to be collected; (d) ways to FOR FURTHER INFORMATION CONTACT: tax return information are confidential, minimize the burden of the collection of Requests for additional information or as required by 26 U.S.C. 6103. information on respondents, including copies of the form and instructions Request For Comments: Comments through the use of automated collection should be directed to R. Joseph Durbala, submitted in response to this notice will techniques or other forms of information (202) 622–3634, at Internal Revenue be summarized and/or included in the technology; and (e) estimates of capital Service, room 6516, 1111 Constitution request for OMB approval. All or start-up costs and costs of operation, Avenue NW., Washington, DC 20224, or comments will become a matter of maintenance, and purchase of services through the Internet at public record. Comments are invited on: to provide information. (a) Whether the collection of [email protected]. Approved: October 19, 2005. information is necessary for the proper SUPPLEMENTARY INFORMATION: performance of the functions of the Title: Automatic Consent for Eligible Glenn P. Kirkland, agency, including whether the Educational Institution to Change IRS Reports Clearance Officer. information shall have practical utility; Reporting Methods. [FR Doc. E5–5957 Filed 10–26–05; 8:45 am] (b) the accuracy of the agency’s estimate OMB Number: 1545–1952. BILLING CODE 4830–01–P
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Part II
The President Executive Order 13388—Further Strengthening the Sharing of Terrorism Information To Protect Americans Notice of October 25, 2005—Continuation of National Emergency Regarding the Proliferation of Weapons of Mass Destruction
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Federal Register Presidential Documents Vol. 70, No. 207
Thursday, October 27, 2005
Title 3— Executive Order 13388 of October 25, 2005
The President Further Strengthening the Sharing of Terrorism Information To Protect Americans
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1016 of the Intel- ligence Reform and Terrorism Prevention Act of 2004 (Public Law 108– 458), and in order to further strengthen the effective conduct of United States counterterrorism activities and protect the territory, people, and inter- ests of the United States of America, including against terrorist attacks, it is hereby ordered as follows: Section 1. Policy. To the maximum extent consistent with applicable law, agencies shall, in the design and use of information systems and in the dissemination of information among agencies: (a) give the highest priority to (i) the detection, prevention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, people, and interests of the United States of America; (ii) the interchange of terrorism information among agencies; (iii) the interchange of terrorism information between agencies and appropriate authorities of State, local, and tribal governments, and between agencies and appropriate private sector entities; and (iv) the protection of the ability of agencies to acquire additional such information; and (b) protect the freedom, information privacy, and other legal rights of Americans in the conduct of activities implementing subsection (a). Sec. 2. Duties of Heads of Agencies Possessing or Acquiring Terrorism Infor- mation. To implement the policy set forth in section 1 of this order, the head of each agency that possesses or acquires terrorism information: (a) shall promptly give access to the terrorism information to the head of each other agency that has counterterrorism functions, and provide the terrorism information to each such agency, unless otherwise directed by the President, and consistent with (i) the statutory responsibilities of the agencies providing and receiving the information; (ii) any guidance issued by the Attorney General to fulfill the policy set forth in subsection 1(b) of this order; and (iii) other applicable law, including sections 102A(g) and (i) of the National Security Act of 1947, section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (including any policies, proce- dures, guidelines, rules, and standards issued pursuant thereto), sections 202 and 892 of the Homeland Security Act of 2002, Executive Order 12958 of April 17, 1995, as amended, and Executive Order 13311 of July 29, 2003; and (b) shall cooperate in and facilitate production of reports based on terrorism information with contents and formats that permit dissemination that maxi- mizes the utility of the information in protecting the territory, people, and interests of the United States. Sec. 3. Preparing Terrorism Information for Maximum Distribution. To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the common standards for the sharing of terrorism information established pursuant to section 3 of Executive Order 13356 of August 27, 2004, shall be used, as appropriate, in carrying out section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004.
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Sec. 4. Requirements for Collection of Terrorism Information Inside the United States. To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the recommendations regarding the establishment of executive branch-wide collection and sharing requirements, procedures, and guidelines for terrorism information collected within the United States made pursuant to section 4 of Executive Order 13356 shall be used, as appropriate, in carrying out section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004. Sec. 5. Establishment and Functions of Information Sharing Council. (a) Consistent with section 1016(g) of the Intelligence Reform and Terrorism Prevention Act of 2004, there is hereby established an Information Sharing Council (Council), chaired by the Program Manager to whom section 1016 of such Act refers, and composed exclusively of designees of: the Secretaries of State, the Treasury, Defense, Commerce, Energy, and Homeland Security; the Attorney General; the Director of National Intelligence; the Director of the Central Intelligence Agency; the Director of the Office of Management and Budget; the Director of the Federal Bureau of Investigation; the Director of the National Counterterrorism Center; and such other heads of departments or agencies as the Director of National Intelligence may designate. (b) The mission of the Council is to (i) provide advice and information concerning the establishment of an interoperable terrorism information shar- ing environment to facilitate automated sharing of terrorism information among appropriate agencies to implement the policy set forth in section 1 of this order; and (ii) perform the duties set forth in section 1016(g) of the Intelligence Reform and Terrorism Prevention Act of 2004. (c) To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the plan for establishment of a proposed interoperable terrorism information sharing environment re- ported under section 5(c) of Executive Order 13356 shall be used, as appro- priate, in carrying out section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004. Sec. 6. Definitions. As used in this order: (a) the term ‘‘agency’’ has the meaning set forth for the term ‘‘executive agency’’ in section 105 of title 5, United States Code, together with the Department of Homeland Security, but includes the Postal Rate Commission and the United States Postal Service and excludes the Government Account- ability Office; and (b) the term ‘‘terrorism information’’ has the meaning set forth for such term in section 1016(a)(4) of the Intelligence Reform and Terrorism Preven- tion Act of 2004. Sec. 7. General Provisions. (a) This order: (i) shall be implemented in a manner consistent with applicable law, including Federal law protecting the information privacy and other legal rights of Americans, and subject to the availability of appropriations; (ii) shall be implemented in a manner consistent with the authority of the principal officers of agencies as heads of their respective agencies, including under section 199 of the Revised Statutes (22 U.S.C. 2651), section 201 of the Department of Energy Organization Act (42 U.S.C. 7131), section 103 of the National Security Act of 1947 (50 U.S.C. 403– 3), section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 10, 1501 of title 15, 503 of title 28, and 301(b) of title 31, United States Code; (iii) shall be implemented consistent with the Presidential Memorandum of June 2, 2005, on ‘‘Strengthening Information Sharing, Access, and Inte- gration—Organizational, Management, and Policy Development Structures for Creating the Terrorism Information Sharing Environment;’’ (iv) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals; and
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(v) shall be implemented in a manner consistent with section 102A of the National Security Act of 1947. (b) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumental- ities, or entities, its officers, employees, or agents, or any other person. Sec. 8. Amendments and Revocation. (a) Executive Order 13311 of July 29, 2003, is amended: (i) by striking ‘‘Director of Central Intelligence’’ each place it appears and inserting in lieu thereof in each such place ‘‘Director of National Intelligence’’; and (ii) by striking ‘‘103(c)(7)’’ and inserting in lieu thereof ‘‘102A(i)(1)’’. (b) Executive Order 13356 of August 27, 2004, is hereby revoked. W THE WHITE HOUSE, October 25, 2005.
[FR Doc. 05–21571 Filed 10–26–05; 8:45 am] Billing code 3195–01–P
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Notice of October 25, 2005
Continuation of National Emergency Regarding the Prolifera- tion of Weapons of Mass Destruction
On November 14, 1994, by Executive Order 12938, President Clinton declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weapons (weapons of mass destruction) and the means of delivering such weapons. On July 28, 1998, the President issued Executive Order 13094 amending Executive Order 12938 to respond more effectively to the worldwide threat of weapons of mass destruction proliferation activities. On June 28, 2005, I issued Executive Order 13382 which, inter alia, further amended Executive Order 12938 to improve our ability to combat proliferation. Because the proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency first declared on November 14, 1994, must continue in effect beyond November 14, 2005. In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 12938, as amended. This notice shall be published in the Federal Register and transmitted to the Congress. W THE WHITE HOUSE, October 25, 2005. [FR Doc. 05–21572 Filed 10–26–05; 8:45 am] Billing code 3195–01–P
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Part III
Environmental Protection Agency 40 CFR Part 82 Protection of Stratospheric Ozone: The 2006 Critical Use Exemption From the Phaseout of Methyl Bromide; Proposed Rule
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ENVIRONMENTAL PROTECTION 1. Federal eRulemaking Portal: http:// http://www.epa.gov/edocket. Although AGENCY www.regulations.gov. Follow the on-line listed in the index, some information is instructions for submitting comments. not publicly available, i.e., CBI or other 40 CFR Part 82 2. Agency Web site: http:// information whose disclosure is www.epa.gov/edocket. EDOCKET, EPA’s restricted by statute. Certain other [FRL–7990–1] electronic public docket and comment material, such as copyrighted material, system, is EPA’s preferred method for is not placed on the Internet and will be receiving comments. Follow the on-line RIN 2060–AN18 publicly available only in hard copy instructions for submitting comments. form. Publicly available docket Protection of Stratospheric Ozone: The 3. E-mail: [email protected]. materials are available either 2006 Critical Use Exemption From the 4. Fax: (202) 343–2337, attn: Marta electronically in EDOCKET or in hard Montoro. Phaseout of Methyl Bromide copy at the Air Docket, EPA/DC, EPA 5. Mail: ‘‘OAR–2005–0122’’, Air West, Room B102, 1301 Constitution AGENCY: Environmental Protection Docket, Environmental Protection Ave., NW., Washington, DC. This Agency (EPA). Agency, Mailcode: 6102T, 1200 Docket Facility is open from 8:30 a.m. Pennsylvania Ave., NW., Washington, ACTION: Notice of proposed rulemaking. to 4:30 p.m., Monday through Friday, DC 20460. excluding legal holidays. The telephone 6. Hand Delivery or Courier. Deliver SUMMARY: EPA is proposing an number for the Public Reading Room is your comments to: EPA Air Docket, EPA exemption to the phaseout of methyl (202) 566–1744, and the telephone West, 1301 Constitution Avenue, NW., bromide production and import for 2006 number for the Air Docket is (202) 566– Room B108, Mail Code 6102T, critical uses. Specifically, EPA is 1742. proposing uses that will qualify for the Washington, DC 20460. Such deliveries are only accepted during the Docket’s FOR FURTHER INFORMATION CONTACT: For 2006 critical use exemption, and the further information about this proposed amount of methyl bromide that may be normal hours of operation, and special arrangements should be made for rule, contact Marta Montoro by produced, imported, or made available telephone at (202) 343–9321, or by e- from stocks for those uses in 2006. deliveries of boxed information. Instructions: Direct your comments to mail at [email protected] or by EPA’s action is taken under the OAR–2005–0122. EPA’s policy is that mail at Marta Montoro, U.S. authority of the Clean Air Act and all comments received will be included Environmental Protection Agency, reflects recent consensus Decisions in the public docket without change and Stratospheric Protection Division, taken by the Parties to the Montreal may be made available online at http:// Stratospheric Program Implementation Protocol on Substances that Deplete the www.epa.gov/edocket, including any Branch (6205J), 1200 Pennsylvania Ozone Layer (Protocol) at the 16th personal information provided, unless Avenue, NW., Washington, DC 20460. Meeting of the Parties (MOP) and the the comment includes information You may also visit the Ozone Depletion 2nd Extraordinary Meeting of the Parties claimed to be Confidential Business Web site of EPA’s Stratospheric (ExMOP). EPA is seeking comment on Information (CBI) or other information Protection Division at http:// both the list of critical uses, and on whose disclosure is restricted by statute. www.epa.gov/ozone for further EPA’s determination of the amounts of Do not submit information that you information about EPA’s Stratospheric methyl bromide needed to satisfy those consider to be CBI or otherwise Ozone Protection regulations, the uses. protected through EDOCKET, science of ozone layer depletion, and DATES: Written comments on this regulations.gov, or e-mail. The EPA other related topics. proposed rule must be received on or EDOCKET and the Federal SUPPLEMENTARY INFORMATION: This before November 28, 2005, except as regulations.gov Web site are proposed rule concerns Clean Air Act otherwise noted in this paragraph. Any ‘‘anonymous access’’ systems, which restrictions on the consumption, party requesting a public hearing must means EPA will not know your identity production and on the use of methyl notify the contact person listed below or contact information unless you bromide (class I, Group VI controlled by 5 p.m. Eastern Standard Time on provide it in the body of your comment. substance) for critical uses during the November 7, 2005. If a hearing is If you send an e-mail comment directly calendar year of 2006. Under the Clean requested it will be held on November to EPA without going through Air Act, methyl bromide consumption 14, 2005. If a hearing is held, any party EDOCKET or regulations.gov, your e- and production was phased out on may submit follow-up comments in the mail address will be automatically January 1, 2005 apart from allowable form of rebuttal or supplementary captured and included as part of the exemptions, namely the critical use information, but such comments must comment that is placed in the public exemption and the quarantine and pre- be received on or before December 12, docket and made available on the shipment exemption. With today’s 2005. Persons interested in attending a Internet. If you submit an electronic action, EPA is proposing and seeking public hearing should consult with the comment, EPA recommends that you comment on the uses that will qualify contact person below regarding the include your name and other contact for the 2006 critical use exemption, as location and time of the hearing. information in the body of your well as specific amounts of methyl Whether or not a hearing is held, if data comment and with any disk or CD–ROM bromide that may be produced, relevant to the critical use exemption you submit. If EPA cannot read your imported, or made available from stocks level is received on or before November comment due to technical difficulties for proposed critical uses in 2006. 28, 2005, any party may submit follow- and cannot contact you for clarification, Table of Contents up comments regarding such data, but EPA may not be able to consider your such comments must be received on or comment. Electronic files should avoid I. General Information before December 12, 2005. A. Regulated Entities the use of special characters, any form B. How Can I Get Copies of This Document ADDRESSES: Submit your comments, of encryption, and be free of any defects and Other Related Information? identified by Regional Material in or viruses. II. What Is the Background to the Phaseout Edocket (RME) ID No. OAR–2005–0122, Docket: All documents in the docket Regulations for Ozone-Depleting by one of the following methods: are listed in the EDOCKET index at Substances?
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III. What Is Methyl Bromide? G. What Are the Critical Use Allowance H. Executive Order No. 13211: Actions IV. What Is the Legal Authority for Allocations? That Significantly Affect Energy Supply, Exempting the Production and Import of H. What Are the Critical Stock Allowance Distribution, or Use Methyl Bromide for Critical Uses Allocations? I. National Technology Transfer Authorized by the Parties to the I. Clarifications to the Framework Rule Advancement Act Montreal Protocol? J. Proposed Supplementary Critical Use V. What Is the Critical Use Exemption Exemptions for 2006 I. General Information Process? VI. Statutory and Executive Order Reviews A. Background of the Process A. Executive Order No. 12866: Regulatory A. Regulated Entities Planning and Review B. How Does This Proposed Rulemaking B. Paperwork Reduction Act Entities potentially regulated by this Relate to Previous Rulemaking Regarding C. Regulatory Flexibility Act the Critical Use Exemption? proposed action are those associated D. Unfunded Mandates Reform Act with the production, import, export, C. What Are the Proposed Critical Uses? E. Executive Order No. 13132: Federalism D. What Are the Uses That May Obtain F. Executive Order No. 13175: Consultation sale, application and use of methyl Methyl Bromide for Research? and Coordination With Indian Tribal bromide covered by an approved critical E. What Amount of Methyl Bromide Is Governments use exemption. Potentially regulated Necessary for Critical Uses? G. Executive Order No. 13045: Protection categories and entities include: F. What Are the Sources of Critical Use of Children From Environmental Health Methyl Bromide? & Safety Risks
Category Examples of regulated entities
Industry ...... Producers, Importers and Exporters of methyl bromide; Applicators, Distributors of methyl bromide; Users of methyl bromide, e.g. farmers of vegetable crops, fruits and seedlings; and owners of stored food commodities and structures such as grain mills and processors, Government and non-government researchers.
The above table is not intended to be Monday through Friday, excluding legal submitted electronically or in paper, exhaustive, but rather to provide a guide holidays. A reasonable fee may be will be made available for public for readers regarding entities likely to be charged for copying docket materials. viewing in EPA’s electronic public regulated by this proposed action. This 2. Electronic Access. You may access docket as EPA receives them and table lists the types of entities that EPA this Federal Register document without change, unless the comment is aware could potentially be regulated electronically through the EPA Internet contains copyrighted material, CBI, or by this proposed action. To determine under the Federal Register listings at other information whose disclosure is whether your facility, company, http://www.epa.gov/fedrgstr/. An restricted by statute. When EPA business, or organization is regulated by electronic version of the public docket identifies a comment containing this proposed action, you should is available through EPA’s electronic copyrighted material, EPA will provide carefully examine the regulations public docket and comment system, a reference to that material in the promulgated at 40 CFR 82, subpart A. If EPA Dockets. EPA prefers that you use version of the comment that is placed in you have questions regarding the the electronic EPA Dockets at http:// EPA’s electronic public docket. applicability of this action to a www.epa.gov/edocket/ to submit or Public comments submitted on particular entity, consult the person view public comments and access the computer disks that are mailed or listed in the preceding FOR FURTHER index listing of the contents of the delivered to the docket will be INFORMATION CONTACT section. official public docket. To locate the transferred to EPA’s electronic public docket on EPA’s docket Web site, select docket. Public comments that are B. How Can I Get Copies of This ‘‘search,’’ then key in the appropriate mailed or delivered to the Docket will Document and Other Related docket identification number, in this be scanned and placed in EPA’s Information? case OAR–2005–0122. electronic public docket. Where 1. Docket. EPA has established an Certain types of information will not practical, physical objects will be official public docket for this action be placed in the EPA Dockets. photographed, and the photograph will under the Office of Air and Radiation Information claimed as confidential be placed in EPA’s electronic public Docket & Information Center, Electronic business information (CBI) and other docket along with a brief description Air Docket ID No. OAR–2005–0122. The information whose disclosure is written by the docket staff. official public docket consists of the restricted by statute, will not be documents specifically referenced in included in the official public docket II. What Is the Background to the this action, any public comments and will not be available for public Phaseout Regulations for Ozone- received, and other information related viewing in EPA’s electronic public Depleting Substances? to this action. Although a part of the docket. EPA’s policy is that copyrighted The current regulatory requirements official docket, the public docket does material will not be placed in EPA’s of the Stratospheric Ozone Protection not include Confidential Business electronic public docket but will be Program that limit production and Information (CBI) or other information available only in printed, paper form in consumption of ozone depleting whose disclosure is restricted by statute. the official public docket. Although not substances can be found at 40 CFR part The official public docket is the all docket materials may be available 82 subpart A. The regulatory program collection of materials that is available electronically, you may still access any was originally published in the Federal for public viewing at EPA West, 1301 of the publicly available docket Register on August 12, 1988 (53 FR Constitution Ave. NW., Room B108, materials through the docket facility 30566), in response to the 1987 signing Mail Code 6102T, Washington, DC identified in Unit B. and subsequent ratification of the 20460, Phone: (202) 566–1742, Fax: For public commenters, it is Montreal Protocol on Substances that (202) 566–1741. The materials may be important to note that EPA’s policy is Deplete the Ozone Layer (Protocol). The inspected from 8:30 a.m. until 4:30 p.m. that public comments, whether U.S. was one of the original signatories
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to the 1987 Montreal Protocol and the Federal, State, or local laws or list of class I substances.’’ EPA based its U.S. ratified the Protocol on April 12, regulations governing actions including, action on scientific assessments and 1988. Congress then enacted, and but not limited to, the sale, distribution, actions by the Parties to the Montreal President George H.W. Bush signed into transfer, and use of methyl bromide. All Protocol to freeze the level of methyl law, the Clean Air Act Amendments of entities that would be affected by bromide production and consumption 1990 (CAAA of 1990) which included provisions of this rule must continue to for industrialized countries at the 1992 Title VI on Stratospheric Ozone comply with FIFRA and other pertinent Meeting of the Parties on Copenhagen. Protection, codified as 42 U.S.C. statutory and regulatory requirements At their 1995 meeting, the Parties Chapter 85, Subchapter VI, to ensure for pesticides (including, but not limited made adjustments to the methyl that the United States could satisfy its to, requirements pertaining to restricted bromide control measures and agreed to obligations under the Protocol. EPA use pesticides) when importing, reduction steps and a 2010 phaseout issued new regulations to implement exporting, acquiring, selling, date for industrialized countries with this legislation and has made several distributing, transferring, or using exemptions permitted for critical uses. amendments to the regulations since methyl bromide for critical uses. The At that time, the U.S. continued to have that time. regulations in today’s action are a 2001 phaseout date in accordance intended only to implement the CAA with the CAA of 1990 language. At their III. What Is Methyl Bromide? restrictions on the production, 1997 meeting, the Parties agreed to Methyl bromide is an odorless, consumption and use of methyl bromide further adjustments to the phaseout colorless, toxic gas which is used as a for critical uses exempted from the schedule for methyl bromide in broad-spectrum pesticide and is phaseout of methyl bromide. industrialized countries, with reduction controlled under the CAA as a Class I steps leading to a 2005 phaseout for ozone depleting substance (ODS). IV. What Is the Legal Authority for industrialized countries. In October Methyl bromide is used in the U.S. and Exempting the Production and Import 1998, the U.S. Congress amended the throughout the world as a fumigant to of Methyl Bromide for Critical Uses CAA to prohibit the termination of control a wide variety of pests such as Authorized by the Parties to the production of methyl bromide prior to insects, weeds, rodents, pathogens, and Montreal Protocol? January 1, 2005, to require EPA to bring nematodes. Additional characteristics Methyl bromide was added to the the U.S. phaseout of methyl bromide in and details about the uses of methyl Protocol as an ozone depleting line with the schedule specified under bromide can be found in the proposed substance in 1992 through the the Protocol, and to authorize EPA to rule on the phaseout schedule for Copenhagen amendment to the Protocol. provide exemptions for critical uses. methyl bromide published in the The Parties authorize critical use These amendments were contained in Federal Register on March 18, 1993 (58 exemptions through their Decisions. Section 764 of the 1999 Omnibus FR 15014) and the final rule published The Parties agreed that each Consolidated and Emergency in the Federal Register on December 10, industrialized country’s level of methyl Supplemental Appropriations Act (Pub. 1993 (58 FR 65018). bromide production and consumption L. 105–277, October 21, 1998) and were The phaseout schedule for methyl in 1991 should be the baseline for codified in Section 604 of the CAA, 42 bromide production and consumption establishing a freeze in the level of U.S.C. 7671c. On November 28, 2000, was revised in a direct final rulemaking methyl bromide production and EPA issued regulations to amend the on November 28, 2000 (65 FR 70795), consumption for industrialized phaseout schedule for methyl bromide which allowed for the phased reduction countries. EPA published a final rule in and extend the complete phaseout of in methyl bromide consumption and the Federal Register on December 10, production and consumption to 2005 extended the phaseout to 2005. The 1993 (58 FR 65018), listing methyl (65 FR 70795). revised phaseout schedule was again bromide as a class I, Group VI On December 23, 2004 (69 FR 76982), amended to allow for an exemption for controlled substance, freezing U.S. EPA published a final rule in the quarantine and preshipment purposes production and consumption at this Federal Register that established the on July 19, 2001 (66 FR 37751) with an 1991 level, and, in Section 82.7 of the framework for the critical use interim final rule and with a final rule rule, setting forth the percentage of exemption; set forth a list of approved (68 FR 238) on January 2, 2003. baseline allowances for methyl bromide critical uses for 2005; and specified the Information on methyl bromide can be granted to companies in each control amount of methyl bromide that could be found at the following sites of the World period (each calendar year) until the supplied in 2005 from available stocks Wide Web: http://www.epa.gov/ozone/ year 2001, when the complete phaseout and new production or import to meet mbr and http://www.unep.org/ozone or would occur (58 FR 65018). This approved critical uses. Today, EPA is by contacting the Stratospheric Ozone phaseout date was established in proposing the uses that will qualify as Hotline at 1–800–296–1996. response to a petition filed in 1991 approved critical uses in 2006 and the Because it is a pesticide, methyl under sections 602(c)(3) and 606(b) of amount of the 2006 critical use bromide is also regulated by EPA under the CAA of 1990, requesting that EPA exemption. the Federal Insecticide, Fungicide, and list methyl bromide as a class I Today’s proposed action reflects Rodenticide Act (FIFRA) and other substance and phase out its production Decision XVI/2, taken at the Parties’ statutes and regulatory authority, as and consumption. This date was Sixteenth Meeting in November 2004; well as by States under their own consistent with section 602(d) of the and Decision Ex.II/I, taken at the Second statutes and regulatory authority. Under CAA of 1990, which for newly listed Extraordinary Meeting of the Parties in FIFRA, methyl bromide is a restricted class I ozone-depleting substances July 2005. In accordance with Article use pesticide. Because of this status, a provides that ‘‘no extension [of the 2H(5), the Parties have issued several restricted use pesticide is subject to phaseout schedule in section 604] under Decisions pertaining to the critical use certain Federal and State requirements this subsection may extend the date for exemption. These include Decision IX/ governing its sale, distribution, and use. termination of production of any class I 6, which sets forth criteria for review of Nothing in this final rule implementing substance to a date more than 7 years proposed critical uses; Decision XVI/2, the Clean Air Act is intended to after January 1 of the year after the year which approved a portion of the 2006 derogate from provisions in any other in which the substance is added to the nominated amounts and critical-use
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categories; and Decision Ex.II/I, which categories of uses may be approved by applicants to announcements posted on approved another portion of the 2006 the Seventeenth Meeting of the Parties EPA’s methyl bromide Web site at nominated amounts for critical-use in accordance with decision IX/6.’’ http://www.epa.gov/ozone/mbr. categories. For a discussion of the Table A of the Annex to Decision Ex.II/ Applicants were told they may apply as relationship between the relevant 1 lists the following critical use individuals or as part of a group of users provisions of the CAA and Article 2H of categories for the U.S.: Ornamentals; (a ‘‘consortium’’) who face the same the Protocol, and the extent to which dry-cured ham; dry commodities/ limiting critical conditions (i.e., specific EPA takes into account Decisions of the structures (cocoa beans); dry conditions which establish a critical Parties that interpret Article 2H, refer to commodities/structures (processed need for methyl bromide). This process the December 23, 2004 FR notice (69 FR foods, herbs and spices, dried milk and has been repeated on an annual basis 76984–76985). Briefly, EPA regards cheese processing facilities); eggplant— since then. The critical use exemption is Decisions IX/6, XVI/2, and Decision field, for research only; mills and designed to meet the needs of methyl Ex.II/1 as subsequent consensus processors; peppers—field; strawberry bromide users who do not have agreements of the Parties that address fruit—field; tomato—field with a total technically and economically feasible the interpretation and application of the agreed critical-use level of 1,117,003 alternatives available to them. critical use provision in Article 2H(5) of kilograms, which is equivalent to 5% of The criteria for the exemption are the Protocol. In today’s action, EPA is the U.S. 1991 methyl bromide delineated in Decision IX/6 of the following the terms of these Decisions. consumption baseline. When combined, Parties to the Protocol. In that Decision, This will ensure consistency with the the agreed critical-use levels for 2006 the Parties agreed that ‘‘a use of methyl Montreal Protocol and satisfy the from Decision XVI/2 and from Decision bromide should qualify as ‘critical’ only requirements of Section 604(d)(6) and Ex.II/1 total 8,074,683 kilograms, which if the nominating Party determines that: Section 614(b) of the Clean Air Act. is equivalent to 32% of the U.S. 1991 (i) The specific use is critical because In Decision XVI/2, taken in November methyl bromide consumption baseline. the lack of availability of methyl 2004, the Parties to the Protocol agreed Based, in part, on the applications bromide for that use would result in a as follows: ‘‘for the agreed critical-use underlying the U.S. 2006 nomination, significant market disruption; and (ii) categories for 2006, set forth in section the extensive review of those there are no technically and IIA to the annex to the present decision applications culminating in the economically feasible alternatives or for each Party, to permit, subject to the preparation of that nomination, and the substitutes available to the user that are conditions set forth in decision Ex.I/4, Decisions noted above, EPA is acceptable from the standpoint of to the extent those conditions are proposing to modify Columns B and C environment and public health and are applicable, the levels of production and of Appendix L to 40 CFR part 82, suitable to the crops and circumstances consumption for 2006 set forth in subpart A to reflect agreed critical-use of the nomination.’’ In response to the yearly requests for section IIB to the annex to the present categories, locations of use, and limiting critical use exemption applications decision which are necessary to satisfy critical conditions applicable for the published in the Federal Register, critical uses, with the understanding 2006 control period. that additional levels of production and The question of whether, and to what applicants have provided information consumption and categories of uses may extent, EPA should adjust the total supporting their position that they have be approved by the Meeting of the critical use level agreed by the Parties no technically and economically Parties to the Montreal Protocol in for 2006 is addressed in Section E feasible alternatives to methyl bromide available to them. Applicants for the accordance with decision IX/6.’’ Section below. The question of what amount of exemption have submitted information IIA of the Annex to Decision XVI/2 lists the total should come from new on their use of methyl bromide, on the following critical use categories for production or import, and what amount research into the use of alternatives to the U.S.: Cucurbits—field; dried fruit should come from pre-phaseout methyl bromide, on efforts to minimize and nuts; forest nursery seedlings; inventories, is addressed in Section F use of methyl bromide and efforts to nursery stock—fruit trees, raspberries, below. For the reasons given in those reduce emissions and on the specific roses; strawberry runners; turfgrass; dry sections, and based, in part, on the technical and economic research results commodities cocoa beans; dry applications underlying the U.S. 2006 commodities/structures; eggplant field; of testing alternatives to methyl nomination, the extensive review of mills and processors; peppers field; bromide. those applications culminating in the strawberry fruit field; tomato field; and EPA’s December 23, 2004, regulation preparation of that nomination, and the orchard replant with a total agreed describing the operational framework Decisions noted above, EPA is critical-use level of 6,897,680 kilograms, for the critical use exemption (69 FR proposing to modify the table in 40 CFR which is equivalent to 27% of the U.S. 76982) established the majority of 82.8 to reflect the amount of methyl 1991 methyl bromide consumption critical uses for the 2005 calendar. bromide that may be produced or baseline. Today’s action proposes exemptions for In Decision Ex.II/1, taken in July imported, and sold from pre-phaseout 2006 reflecting information that the U.S. 2005, the Parties to the Protocol agreed inventories, for the 2006 control period. Government submitted to the Protocol’s as follows: ‘‘for the agreed critical uses V. What Is the Critical Use Exemption Ozone Secretariat in its annual for 2006, set forth in table A of the Process? Nomination submission in February annex to the present decision, to permit, 2004, as approved by the Parties in July subject to the conditions set forth in the A. Background of the Process 2005. For each exemption period, EPA present decision and in decision Ex. I/ Starting in 2002, EPA began notifying provides an opportunity such as this for 4, to the extent those conditions are applicants as to the availability of an comment on the amounts of methyl applicable, the supplementary levels of application process for a critical use bromide that may be supplied under the production and consumption for 2006 exemption to the methyl bromide critical use exemption and the end uses set forth in table B of the annex to the phaseout. On May 23, 2005, the Agency that may obtain this critical use methyl present decision which are necessary to published a notice in the Federal bromide. satisfy critical uses, with the Register (68 FR 24737) announcing the The domestic review process is understanding that additional levels and deadline to apply, and directing discussed in detail in a memo titled
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‘‘Development of 2003 Nomination for a bromide to an approved critical use. For C. What Are the Proposed Critical Uses? Critical Use Exemption for Methyl example, a distributor with 100 CSAs In Decision XVI/2, taken in November Bromide for the United States of may sell 100 kilograms of stockpiled 2004, the Parties to the Protocol agreed America’’ on EDOCKET OAR–2005– pre-phaseout methyl bromide to an as follows: ‘‘for the agreed critical-use 0122. Briefly, the U.S. Government approved critical use. Today’s action categories for 2006, set forth in section reviews applications using the criteria proposes the uses that will qualify as IIA to the annex to the present decision in Decision IX/6 and creates a package approved critical uses for 2006 and the for each Party, to permit, subject to the for submission to the Ozone Secretariat amount of CUAs and CSAs to be conditions set forth in decision Ex.I/4, of the Protocol (the ‘‘critical use allocated for those uses. In the future, to the extent those conditions are nomination’’ or CUN). The CUNs of EPA will continue to undertake applicable, the levels of production and various countries are then reviewed by rulemakings that address both the consumption for 2006 set forth in the Methyl Bromide Technical Options approved critical uses and the amounts section IIB to the annex to the present Committee (MBTOC) and the Technical of methyl bromide to be allocated for decision which are necessary to satisfy and Economic Assessment Panel critical uses in specific exemption critical uses, with the understanding (TEAP), which are independent periods. that additional levels of production and advisory bodies to the Parties. These consumption and categories of uses may On August 30, 2005, EPA published a bodies make recommendations to the be approved by the Meeting of the direct final rule and concurrent Parties regarding the nominations. Parties to the Montreal Protocol in On February 7, 2004, the U.S. proposal relating to supplemental accordance with decision IX/6.’’ Section Government submitted the second U.S. critical use exemptions for 2005 (70 FR IIA of the Annex to Decision XVI/2 lists Nomination for a Critical Use 51270). These recent notices in the Exemption for Methyl Bromide to the the following critical use categories for Federal Register would establish three the U.S.: Cucurbits—field; dried fruit Ozone Secretariat of the United Nations (3) additional uses as qualifying for the Environment Programme. This second and nuts; forest nursery seedlings; critical use exemption and permit nursery stock—fruit trees, raspberries, nomination contained a supplemental access to critical use methyl bromide for request for critical methyl bromide for roses; strawberry runners; turfgrass; dry those uses in 2005. These notices would commodities cocoa beans; dry 2005 and the initial request for 2006. In also allocate additional CSAs for June 2004, MBTOC sent questions to the commodities/structures; eggplant field; supplementary amounts of critical use mills and processors; peppers field; U.S. Government concerning technical methyl bromide in 2005. The additional and economic issues in the nomination. strawberry fruit field; tomato field; and allocations for 2005 would supplement The U.S. Government’s response was orchard replant with a total agreed the CUAs and CSAs previously transmitted on August 12, 2004. The critical-use level of 6,897,680 kilograms, U.S. submitted a revised request in allocated for 2005 in the Federal which is equivalent to 27% of the U.S. conjunction with ‘‘The U.S. Nomination Register on December 23, 2004 (69 FR 1991 methyl bromide consumption for Critical Uses for Methyl Bromide in 76982). In today’s proposed action, the baseline. 2007 and Beyond.’’ This revised request Agency is proposing: (1) To establish In Decision Ex.II/1, taken in July was for an additional amount of 622,053 the list of uses that qualify for the 2005, the Parties to the Protocol agreed kilograms of methyl bromide for a total critical use exemption in 2006; and (2) as follows: ‘‘for the agreed critical uses of 2,844,985 kilograms of methyl to specify the amounts of methyl for 2006, set forth in table A of the bromide for the year 2006. This revised bromide that may be produced or annex to the present decision, to permit, request was included in the U.S. imported, or supplied from pre- subject to the conditions set forth in the rebuttal to MBTOC’s recommendation phaseout inventories, for those uses in present decision and in decision Ex. I/ issued in its October 2004 report. These 2006. EPA seeks comment on the 4, to the extent those conditions are documents, together with reports by the proposed 2006 critical uses and the applicable, the supplementary levels of advisory bodies noted above, can be amount of methyl bromide the Agency production and consumption for 2006 accessed on EDOCKET OAR–2005– has determined to be necessary to set forth in table B of the annex to the 0122. satisfy those uses. For detailed technical present decision which are necessary to and economic information on the satisfy critical uses, with the B. How Does This Proposed Rulemaking understanding that additional levels and critical uses and the U.S. Government’s Relate to Previous Rulemakings categories of uses may be approved by justifications for why there is a critical Regarding the Critical Use Exemption? the Seventeenth Meeting of the Parties need for exempted methyl bromide, the On December 23, 2004, EPA in accordance with decision IX/6.’’ Agency refers commenters to the E- published in the Federal Register a Table A of the Annex to Decision Ex.II/ Docket where the U.S. nominations and Final Rule entitled, ‘‘Protection of 1 lists the following critical use additional information in the form of Stratospheric Ozone: Process for categories for the U.S.: Ornamentals; Exempting Critical Uses From the responses to MBTOC are available. The dry-cured ham; dry commodities/ Phaseout of Methyl Bromide’’ (the 2004 U.S. nomination can be found at structures (cocoa beans); dry ‘‘Framework Rule’’) (69 FR 76982). That EDOCKET OAR–2003–0017 and commodities/structures (processed rule established the framework for the EDOCKET OAR–2005–0122. These are foods, herbs and spices, dried milk and critical use exemption in the U.S, the technical documents which are the cheese processing facilities); eggplant— including trading provisions and basis for the Parties’ authorization of field, for research only; mills and recordkeeping and reporting obligations. critical uses and permitted exempt processors; peppers—field; strawberry The Framework Rule defines the production and import and which form fruit—field; tomato—field with a total terms ‘‘critical use allowances’’ (CUAs) part of the basis for this rulemaking. agreed critical-use level of 1,117,003 and ‘‘critical stock allowances’’ (CSAs) Reports by the Protocol’s advisory kilograms, which is equivalent to 5% of at 40 CFR 82.3. Each allowance bodies, the MBTOC and TEAP, as well the U.S. 1991 methyl bromide represents the right to produce or as questions to the U.S. from MBTOC, consumption baseline. When combined, import, or to sell from inventory, are also available in EDOCKET OAR– the agreed critical-use levels for 2006 respectively, one kilogram of methyl 2005–0122. from Decision XVI/2 and from Decision
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Ex.II/1 total 8,074,683 kilograms, which placed on a use category reflects certain All of the CUE applications underwent is equivalent to 32% of the U.S. 1991 regulatory, technical, or economic a rigorous review by highly qualified methyl bromide consumption baseline. factors that either prohibit the use of technical experts. A detailed Based, in part, on the applications alternatives or represent the lack of a explanation of the nomination process, underlying the U.S. 2006 nomination, technically or economically feasible including the criteria used by expert the extensive review of those alternative for that use or circumstance. reviewers, is available in a memo titled applications culminating in the For example, EPA may determine that a ‘‘2003 Nomination Process’’ on preparation of that nomination, and the critical use exemption for tomatoes is EDOCKET OAR–2005–0122. The memo Decisions noted above, EPA is only necessary for areas of tomato was originally written to describe the proposing to modify Columns B and C production in karst topography even if process leading to the 2005 critical use of Appendix L to 40 CFR part 82, the EPA received applications for all of exemption rules, but is applicable subpart A to reflect agreed critical-use U.S. fresh market tomato production. In generally to the process leading to categories. this example, not all tomato growers today’s action. Under the December 23, 2004, would be eligible to acquire exempted The U.S. Government, in developing Framework Rule (69 FR 76982), an critical use methyl bromide. Only those the nomination, defined the limiting approved critical user may obtain access growers with production in an area with critical conditions for which exempted to exempted production/import and the limiting critical condition of karst methyl bromide was being sought. The limited inventories of pre-phaseout topography would have access to the U.S. Government used the information methyl bromide stocks, the combination methyl bromide under the critical use referenced above to determine if (a) the of which constitute the supply of exemption. Another example is as lack of availability of methyl bromide ‘‘critical use methyl bromide’’ intended follows: EPA received applications for for a particular use would result in to meet the needs of agreed critical uses. exemptions for all U.S. grain milling significant market disruption, and (b) if As set out in the Framework Rule, an companies that are members of the there were any technically and approved critical user is a self-identified North American Milling Association economically feasible methyl bromide entity who meets the following (NAMA). The Parties authorized the substitutes available to the user. The requirements: exemption because grain milling analysis was described in the U.S. (1) For the applicable control period, companies have a critical need for nomination of critical uses. The applied to EPA for a critical use methyl bromide because the alternatives exemption or is a member of a nomination was then sent to the Parties can not be used, in part, due to consortium that applied to EPA for a to the Protocol, and the Parties used the corrosivity to electronic equipment. critical use exemption for a use and information in the nomination and the Thus, one of the limiting critical location of use that was included in the report from the MBTOC, that was based conditions for this critical use category U.S. nomination, authorized by a in part on the iterative exchange of is the presence of sensitive electronic Decision of the Parties to the Montreal questions and answers with the U.S. equipment subject to corrosivity from Protocol, and then finally determined by Government, as the basis for the EPA in a notice-and-comment fumigation with the alternative. All Decisions which authorized critical rulemaking to be an approved critical grain mills that are members of NAMA uses. use, and that have sensitive electronic equipment Based on the information described (2) Has an area in the applicable would be eligible to acquire and use above, EPA determined that the uses in location of use that requires methyl critical use methyl bromide. Table I, with the limiting critical bromide fumigation because the person EPA is proposing the critical uses for conditions specified, qualify to obtain reasonably expects that the area will be the year 2006 as well as the conditions and use critical use methyl bromide in subject to a limiting critical condition that make these uses ‘‘critical’’ based on 2006. However, as discussed in Section (LCC) during the applicable control EPA’s assessment of the technical and E, some of the circumstances for some period. economic feasibility of alternatives and of the critical use categories have Using these criteria, an approved the potential for a significant market changed due to recent registrations of an critical user could be a tomato farmer in disruption if methyl bromide were not alternative and therefore EPA is Florida whose farm is over karst available for the uses proposed for 2006. proposing a decrease in the total CUE topography but would not include a This proposal is based on the level for 2006. EPA welcomes tomato farmer in Oklahoma even if he information submitted by CUE submissions of additional information too has a farm over karst topography applicants, as well as public and regarding substitutes and alternatives because no exemption application was proprietary data sources. The CUE for any of the uses in the Table I below. filed on behalf of Oklahoma tomato applications (except to the extent EPA wishes to note that while we may, farmers. Similarly, a Florida tomato claimed confidential), the U.S. in response to comments, reduce the farmer who did not have a field with nomination, the questions and answers quantities of critical use methyl karst topography, or one of the other between the MBTOC and the U.S. bromide, or the types of critical uses, limiting critical conditions specified in Government about the nomination, and compared to what has been authorized this rule, would not be an approved procedural memos are all available on by the Parties, EPA will not increase the critical user because the circumstance of EDOCKET OAR–2005–0122. Data quantities, or types, beyond those the use is not an approved critical use. submitted by the CUE applicants served authorized by the Parties. A ‘‘limiting critical condition’’ is the as a basis for the nomination. EPA and EPA proposes, based on the basis on which the critical need for other government experts also sought determination described in the U.S. methyl bromide is demonstrated and data from multiple other sources, nomination and its supporting authorized. It is defined as ‘‘the including but not limited to the documents, that users who are in a regulatory, technical, and economic National Agricultural Statistics Service specific geographic location, identified circumstances * * * that establish of the U.S. Department of Agriculture, below, or who are members of a specific conditions of critical use of methyl the State of California Department of industry consortium, identified below, bromide in a fumigation area.’’ 40 CFR Pesticide Regulation, and proprietary or companies specifically identified 82.3. The limiting critical condition agricultural databases available to EPA. below, are approved critical users
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provided that such users are subject to impermeable films, barrier film implementing measures such as the the specified limiting critical condition. technologies, deep shank injection and/ ones listed in the previous sentence, to EPA notes the reference to emission or other techniques that promote the extent consistent with state and minimization techniques in paragraph 6 environmental protection, whenever local laws and regulations. In addition, of Decision Ex.II/1 and urges the technically and economically feasible.’’ research is being conducted on the proposed users listed in Table I. below Users of methyl bromide should make potential to reduce rates and emissions to use ‘‘emission minimization every effort to decrease overall using high-barrier films. techniques such as virtually emissions of methyl bromide by
TABLE I.—APPROVED CRITICAL USES
Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
PRE-PLANT USES
Cucurbits ...... (a) Michigan growers ...... With a reasonable expectation that moderate to severe soilborne fungal dis- ease infestation, or moderate to severe disease infestation could occur with- out methyl bromide fumigation; or with a need for methyl bromide for re- search purposes. (b) Southeastern U.S. except Georgia With a reasonable expectation that one or more of the following limiting critical limited to growing locations in Ala- conditions either already exist or could occur without methyl bromide fumiga- bama, Arkansas, Kentucky, Lou- tion: moderate to severe yellow or purple nutsedge infestation, or to a lesser isiana, North Carolina, South Caro- extent: fungal disease infestation and root knot nematodes; or with a need lina, Tennessee, and Virginia. for methyl bromide for research purposes. (c) Georgia growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, moderate to severe fungal disease infestation, or to a lesser extent: root knot nematodes; or with a need for methyl bromide for research purposes. Eggplant ...... (a) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or moderate to severe disease infestation, or restric- tions on alternatives due to karst geology; or with a need for methyl bromide for research purposes. (b) Georgia growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or moderate to severe pythium root and collar rots, or moderate to severe southern blight infestation, and to a lesser extent: crown and root rot; or with a need for methyl bromide for research purposes. (c) Michigan growers ...... With a reasonable expectation that moderate to severe soilborne fungal dis- ease infestation could occur without methyl bromide fumigation; or with a need for methyl bromide for research purposes. Forest Nursery Seed- (a) growers in Alabama, Arkansas, With a reasonable expectation that one or more of the following limiting critical lings. Florida, Georgia, Louisiana, Mis- conditions already either exist or could occur without methyl bromide fumiga- sissippi, North Carolina, Oklahoma, tion: moderate to severe yellow or purple nutsedge infestation, or moderate South Carolina, Tennessee, Texas to severe disease infestation. and Virginia. (b) International Paper with and its sub- With a reasonable expectation that one or more of the following limiting critical sidiaries limited to growing locations conditions already either exist or could occur without methyl bromide fumiga- in Arkansas, Alabama, Georgia, tion: moderate to severe yellow or purple nutsedge infestation, or moderate South Carolina and Texas. to severe disease infestation. (c) Public (government owned) seed- With a reasonable expectation that one or more of the following limiting critical ling nurseries in the states of Idaho, conditions either already exist or could occur without methyl bromide fumiga- Illinois, Indiana, Kansas, Kentucky, tion: moderate to severe weed infestation including purple and yellow Maryland, Missouri, Nebraska, New nutsedge infestation, or moderate to severe Canada thistle infestation, or Jersey, Ohio, Oregon, Pennsylvania, moderate to severe nematodes, and to a lesser extent: fungal disease infes- Utah, Washington, West Virginia and tation. Wisconsin. (d) Weyerhaeuser Company and its With a reasonable expectation that one or more of the following limiting critical subsidiaries limited to growing loca- conditions already either exist or could occur without methyl bromide fumiga- tions in Alabama, Arkansas, North tion: moderate to severe yellow or purple nutsedge infestation, moderate to Carolina and South Carolina. severe disease infestation, and to a lesser extent: nematodes and worms. (e) Weyerhaeuser Company and its With a reasonable expectation that one or more of the following limiting critical subsidiaries limited to growing in conditions already either exist of could occur without methyl bromide fumiga- Washington and Oregon. tion: moderate to severe yellow nutsedge infestation, or moderate to severe fungal disease infestation.
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TABLE I.—APPROVED CRITICAL USES—Continued
Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
(f) Michigan growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exist or could occur without methyl bromide fumiga- tion: moderate to severe disease infestation, moderate to severe Canada thistle infestation, moderate to severe nutsedge infestation, and to a lesser extent: nematodes. (g) Michigan herbaceous perennials With a reasonable expectation that one or more of the following limiting critical growers. conditions already exist or could occur without methyl bromide fumigation: moderate to severe nematodes, moderate to severe fungal disease infesta- tion, and to a lesser extent: yellow nutsedge and other weeds infestation. Orchard Nursery (a) Members of the Western Raspberry With a reasonable expectation that one or more of the following limiting critical Seedlings. Nursery Consortium limited to grow- conditions already either exists or could occur without methyl bromide fumi- ing locations in California and Wash- gation: moderate to severe nematode infestation, medium to heavy clay ington (Driscoll’s raspberries and soils, or a prohibition of on the use of 1,3-dichloropropene products due to their contract growers in California reaching local township limits on the use of this alternative; or with a need and Washington). for methyl bromide for research purposes. (b) Members of the California Associa- With a reasonable expectation that one or more of the following limiting critical tion of Nurserymen-Deciduous Fruit conditions already either exists or could occur without methyl bromide fumi- and Nut Tree Growers. gation: moderate to severe nematodes, medium to heavy clay soils, or a prohibition of on the use of 1,3-dichloropropene products due to reaching local township limits on the use of this alternative; or with a need for methyl bromide for research purposes. (c) California rose nurseries ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or user may be prohibited from using 1,3-dichloropropene products because local township limits for this alter- native have been reached; or with a need for methyl bromide for research purposes. Strawberry Nurseries (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes; or with a need for methyl bromide for research purposes. (b) North Carolina, Tennessee and With a reasonable expectation that one or more of the following limiting critical Maryland growers. conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe black root rot, or moderate to severe root-knot nematodes, or moderate to severe yellow and purple nutsedge infestation, and to a lesser extent: crown rot; or with a need for methyl bromide for re- search purposes. Orchard Replant ...... (a) California stone fruit growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or moderate to severe fungal dis- ease infestation, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3- dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research pur- poses. (b) California table and raisin grape With a reasonable expectation that one or more of the following limiting critical growers. conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or moderate to severe fungal dis- ease infestation, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3- dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research pur- poses. (c) California walnut growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a pro- hibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bro- mide for research purposes. (d) California almond growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a pro- hibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bro- mide for research purposes.
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TABLE I.—APPROVED CRITICAL USES—Continued
Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
Ornamentals ...... (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe nema- todes, or a prohibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research purposes. (b) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe weed infestation, or moderate to severe disease infestation, or moderate to severe nematodes, or karst topography; or with a need for methyl bromide for research purposes. Peppers ...... (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe nema- todes, or a prohibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research purposes. (b) Alabama, Arkansas, Kentucky, Lou- With a reasonable expectation that one or more of the following limiting critical isiana, North Carolina, South Caro- conditions already either exists or could occur without methyl bromide fumi- lina, Tennessee and Virginia growers. gation: moderate to severe yellow or purple nutsedge infestation, or mod- erate to severe nematodes, or moderate to severe pythium root, collar, crown and root rots, or the presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less; or with a need for methyl bromide for research purposes. (c) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe yellow or purple nutsedge infestation, or mod- erate to severe disease infestation, or moderate to severe nematodes, or karst topography; or with a need for methyl bromide for research purposes. (d) Georgia growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or moderate to severe pythium root and collar rots, or moderate to severe southern blight infestation, and to a lesser extent: crown and root rot; or with a need for methyl bromide for research purposes. (e) Michigan growers ...... With a reasonable expectation that moderate to severe fungal disease infesta- tion would occur without methyl bromide fumigation; or with a need for meth- yl bromide for research purposes. Strawberry Fruit ...... (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe black root rot or crown rot, or moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or a prohibition of the use of 1,3-dichloropropene products because local town- ship limits for this alternative have been reached, time to transition to an al- ternative; or with a need for methyl bromide for research purposes. (b) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe yellow or purple nutsedge, or moderate to severe nematodes, or moderate to severe disease infestation, or karst topography and to a lesser extent: carolina geranium or cut-leaf evening primrose infes- tation; or with a need for methyl bromide for research purposes. (c) Alabama, Arkansas, Georgia, Illi- With a reasonable expectation that one or more of the following limiting critical nois, Kentucky, Louisiana, Maryland, conditions already either exists or could occur without methyl bromide fumi- New Jersey, North Carolina, Ohio, gation: moderate to severe yellow or purple nutsedge, or moderate to severe South Carolina, Tennessee and Vir- nematodes, or moderate to severe black root and crown rot, or the presence ginia growers. of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less; or with a need for methyl bromide for research purposes. Tomatoes ...... (a) Michigan growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe fungal pathogens infestation; or with a need for methyl bromide for research pur- poses. (b) Alabama, Arkansas, Florida, Geor- With a reasonable expectation that one or more of the following limiting critical gia, Kentucky, Louisiana, North conditions already either exists or could occur without methyl bromide fumi- Carolina, South Carolina, and Ten- gation: moderate to severe yellow or purple nutsedge infestation, or mod- nessee growers. erate to severe disease infestation, or moderate to severe nematodes, or the presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less, or karst topography; or with a need for methyl bromide for research purposes.
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TABLE I.—APPROVED CRITICAL USES—Continued
Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
(c) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe nema- todes; or with a need for methyl bromide for research purposes. Turfgrass ...... (a) U.S. turfgrass sod nursery pro- For the production of industry certified pure sod; with a reasonable expectation ducers who are members of that one or more of the following limiting critical conditions already either ex- Turfgrass Producers International ists or could occur without methyl bromide fumigation: moderate to severe (TPI). bermudagrass, nutsedge and off-type perennial grass infestation, or mod- erate to severe, or moderate to severe white grub infestation; or with a need for methyl bromide for research purposes.
POST-HARVEST USES
Food Processing ...... (a) Rice millers in all locations in the With a reasonable expectation that one or more of the following limiting critical U.S. who are members of the USA conditions exists: moderate to severe infestation of beetles, weevils or Rice Millers Association. moths, or older structures that cannot be properly sealed to use an alter- native to methyl bromide, or the presence of sensitive electronic equipment subject to corrosivity, time to transition to an alternative. (b) Pet food manufacturing facilities in With a reasonable expectation that one or more of the following limiting critical the U.S. who are active members of conditions exists: moderate to severe infestation or beetles, moths, or cock- the Pet Food Institute. (For today’s roaches, or older structures that cannot be properly sealed to use an alter- rule, ‘‘pet food’’ refers to domestic native to methyl bromide, or the presence of sensitive electronic equipment dog and cat food). subject to corrosivity, time to transition to an alternative. (c) Kraft Foods in the U.S...... With a reasonable expectation that one or more of the following limiting critical conditions exists: older structures that cannot be properly sealed to use an alternative to methyl bromide, or the presence of sensitive electronic equip- ment subject to corrosivity, time to transition to an alternative. (d) Members of the North American With a reasonable expectation that one or more of the following limiting critical Millers’ Association in the U.S. conditions already exists or could occur without methyl bromide fumigation: moderate to severe beetle infestation, or older structures that cannot be properly sealed to use an alternative to methyl bromide, or the presence of sensitive electronic equipment subject to corrosivity, time to transition to an alternative. (e) Members of the National Pest Man- With a reasonable expectation that one or more of the following limiting critical agement Association associated with conditions already exists or could occur without methyl bromide fumigation: dry commodity structure fumigation moderate to severe beetle or moth infestation, or older structures that can (cocoa) and dry commodity fumiga- not be properly sealed to use an alternative to methyl bromide, or the pres- tion (processed foods, herbs, spices, ence of sensitive electronic equipment subject to corrosivity, time to transi- and dried milk). tion to an alternative. Commodity Storage (a) California entities storing walnuts, With a reasonable expectation that one or more of the following limiting critical beans, dried plums, figs, raisins, conditions exists: rapid fumigation is required to meet a critical market win- dates and pistachios in California. dow, such as during the holiday season, rapid fumigation is required when a buyer provides short (2 working days or less) notification for a purchase, or there is a short period after harvest in which to fumigate and there is limited silo availability for using alternatives; or with a need for methyl bromide for research purposes. Dry Cured Pork (a) Members of the National Country With a reasonable expectation that one or more of the following limiting critical Products. Ham Association. conditions already exists or could occur without methyl bromide fumigation: moderate to severe red legged ham beetle, cheese/ham skipper, dermested beetle or ham mite infestation. (b) Members of the American Associa- With a reasonable expectation that one or more of the following limiting critical tion of Meat Processors. conditions already exists or could occur without methyl bromide fumigation: moderate to severe red legged ham beetle, cheese/ham skipper, dermested beetle or ham mite infestation. (c) Nahunta Pork Center (North Caro- With a reasonable expectation that one or more of the following limiting critical lina). conditions already exists or could occur without methyl bromide fumigation: moderate to severe red legged ham beetle, cheese/ham skipper, dermested beetle or ham mite infestation.
D. What Are the Uses That May Obtain purposes is included in the amount of be associated with research activities. Methyl Bromide for Research? methyl bromide approved by the Parties Methyl bromide is needed for research for the commodities for which purposes including experiments that The categories listed in Section F above have been designated critical uses ‘‘research’’ is indicated as a limiting require methyl bromide as a control for 2006 in Decision XVI/2 and Decision critical condition in the table above. chemical with which to compare the Ex.II/1 of the Parties. The amount of However, the Agency is not setting aside trial alternatives’ results. EPA is methyl bromide approved for research a specific quantity of methyl bromide to proposing that the following sectors be
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allowed to use methyl bromide for that time of submission to the Parties in Parties for critical use exemptions in research purposes: cucurbits, dried fruit February 2004. In addition, through an 2006. Thus, today’s action proposes to and nuts, nursery stock, strawberry iterative process of questions and reduce the amount of critical use methyl nurseries, turfgrass, eggplant, peppers, answers with the MBTOC, the U.S. bromide by fifteen percent for those strawberry fruit, tomatoes, and orchard Government was able to provide new specific uses for which sulfuryl fluoride replant. These are the sectors that information about the status of methyl is now a newly legal alternative for use. requested methyl bromide for research bromide alternatives in the United Specifically, this means a fifteen percent in their applications to EPA. States for the nominated sectors up until reduction in the amount of critical use E. What Amount of Methyl Bromide Is the time the MBTOC issued its final methyl bromide for the newly registered Necessary for Critical Uses? report in the weeks prior to the 2nd uses in California, such as mills, dried Extraordinary Meeting of the Parties in fruit and nuts, as well as a fifteen In this section, EPA proposes the July 2005. Since the MBTOC’s final percent reduction in the amount of amount of methyl bromide that may be review and report on the 2006 critical use methyl bromide for the produced or imported for critical uses in nomination there have been two new sectors in the U.S. nomination that 2006, and the amount that may be sold actions in the U.S. relevant to uses include food processing facilities, such for critical uses from pre-phaseout included in Decision XVI/2 and as mills and processors. For the affected inventories. Section IIB of the Annex to Decision Ex.II/1. The most recent action, post-harvest sectors, the reduction Decision XVI/2 lists a ‘‘permitted level on July 15, 2005, was the issuance of an would be from an authorized amount of of production and consumption’’ for the EPA rule establishing new Federal 707,746 kilograms to an amount of United States in 2006 of 6,897,680 tolerance levels for residues of sulfuryl 601,584 kilograms, which would be a kilograms, which is equivalent to 27% fluoride in or on commodities in food of the 1991 baseline of 25,528,270 reduction of no more than 0.42% of processing facilities (70 FR 40899). On baseline. The Agency is estimating that kilograms. Table B of the Annex to this same day, EPA issued a Federal Decision Ex.II/1 lists a ‘‘permitted level there will be a 15% uptake of sulfuryl registration for these new uses of fluoride in 2006 by the specific uses for of production and consumption’’ for the sulfuryl fluoride. The Agency United States in 2006 of 760,585 which there are recent registrations understands that as many as 45 States based on information found in MBTOC kilograms, which is equivalent to 3% of subsequently issued State registrations the 1991 baseline. When combined, the reports regarding projected uptake of allowing the use of sulfuryl fluoride for sulfuryl fluoride for uses where there permitted level of production and these new uses. EPA is soliciting consumption from the two Decisions is were previous registrations, as well as comments on the verification of State 7,658,265 kilograms, which is on information in the U.S. registrations. In addition, on May 18, equivalent to 30% of the 1991 baseline. Government’s nomination for 2007 2005, the State of California registered Paragraph 2 of Decision Ex.II/1 states, critical use exemptions. In the MBTOC sulfuryl fluoride for use in mills, ‘‘that a Party with a critical-use report the uptake estimate was for 10% warehouses, stationary transportation exemption level in excess of permitted for the 2005 calendar year for uses for vehicles (railcars, trucks, etc.), levels of production and consumption which sulfuryl fluoride was registered temporary and permanent fumigation for critical uses is to make up any such in early 2004 (not including the most chambers, and storage structures difference between those levels by using recent registration in California or the containing commodities listed on the quantities of methyl bromide available new Federal registration for food from existing stocks.’’ The difference State-approved label (cereal and small processing facilities). In the U.S. between the agreed critical-use grains, dried fruit, and nuts). The State nomination for 2007, the uptake exemption level of 8,074,683 and the of California has not approved the label estimate is for 25% by all registered permitted level of production and issued by EPA on July 15, 2005. The sulfuryl fluoride uses. EPA’s estimate of consumption of 7,658,265 kilograms is Federal label permits sulfuryl fluoride a 15% uptake of sulfuryl fluoride in the 416,418 kilograms, which is equivalent use for a wide range of food 2006 calendar year falls between to 2% of the 1991 baseline. In commodities, such as dried fruits, tree MBTOC’s uptake number for 2005 and accordance with paragraph 2 of nuts, cereals and small grains, and the U.S. nomination’s uptake number Decision Ex.II/1, this amount would processed food products. Prior to these for 2007. EPA notes that the estimated come from stocks. This is the minimum registration actions, sulfuryl fluoride rate of uptake for 2007 takes into amount that would come from stocks was not considered as a technically and consideration that there have been 18 under today’s proposed action. A economically feasible alternative in the months of trials and potential adoption further elaboration of proposed amounts U.S. nomination. The Agency proposes by similar facilities since the first that would come from stocks and those to reflect these changes in the sulfuryl fluoride registration action that would come from new production circumstances of the use sectors for early in 2004 for mills, cereals and small or import in 2006 is found below in which there is a newly registered grains, and cereal and small grain Sections F and H. alternative in determining the final processed products. The Agency With this action, the Agency is amount of methyl bromide deemed to be believes that new agricultural proposing that the critical use levels of critical for 2006. techniques are first adopted at a methyl bromide for 2006 be slightly less In today’s action, with these recent relatively slow rate. As more people/ than the amount authorized by the actions regarding sulfuryl fluoride companies test the new technology the Parties because of recent registrations of described in the preceding paragraph, rate of adoption gradually increases. an alternative to methyl bromide. As EPA is estimating that there will be a Given the short period of time since the noted above, the U.S. Government fifteen percent (15%) uptake of sulfuryl most recent new registrations and submitted the nomination for 2006 fluoride in the 2006 calendar year by tolerances, EPA believes that the critical use exemptions on February 7, these newly permitted uses which specific uses associated with those new 2004. The information in the U.S. would mean that the post-harvest users registrations and tolerances are unlikely nomination reflected the most up-to- would use sulfuryl fluoride instead of to achieve a 25% rate of adoption date information on alternatives to 15% of the amount of methyl bromide during 2006. The 25% estimated rate of methyl bromide that was available at for which they were authorized by the adoption contained in the U.S.
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nomination for 2007 applies to particular, a person submitting detailed applicant has made a request for a CUE circumstances (uses and locations) data on pre-plant alternatives should while a consortium has also made a where the registrations occurred three include: request on their behalf in the years previously—early in 2004. Thus, • Historic information on pest control consortium application. Growth is an with today’s action EPA is seeking efficacy of current fumigant. adjustment in kilograms for amounts comments on the estimate for a 15% • Data from a range of geographic greater than the historical amount used. uptake of sulfuryl fluoride for the 2006 conditions. Adjustments for quarantine and • control period for those uses associated Data on methyl bromide which will preshipment (QPS) are for the kilograms with the recent registration and be used for comparison purposes. that would qualify as QPS usage, which • tolerance actions, which occurred mid- Yield and quality data for the is part of a separate exemption category year in 2005. alternative as compared to methyl under the Protocol. Use rate differences The Agency seeks comments on the bromide. • are adjustments in kilograms to the proposed uptake of sulfuryl fluoride as Pest control data. lower of the historic use rate or • Price to treat an acre of a given an alternative to methyl bromide during requested use rate. 2006 and the corresponding proposed crop. EPA will review updated data on the The second part of the assessment reduction in the critical use level for use of sulfuryl fluoride as compared to would involve the percent adjustments. 2006. EPA seeks detailed data regarding methyl bromide, and any other new Use rate adjustment is the use rate in sulfuryl fluoride as an alternative to information on alternatives or emission kilograms per 1000 cubic meters methyl bromide in the circumstances of minimization techniques submitted in expressed as the lowest of either the the sectors nominated and authorized response to this notice, before historic use rate, requested use rate, or for 2006 and the proposed uptake of promulgating the final critical use efficacious use rate as indicated by sulfuryl fluoride in those sectors during exemption level for 2006. The total either: Research reports, usage under 2006. Relevant information may include critical use amount will not exceed the similar pest and environmental whether products in a sector are amount agreed by the Parties to the conditions, or MBTOC maximum use intended for export, and whether Protocol for 2006. rates. Key pest adjustment is for those importing countries have established If adequate quantitative information is pests that are not adequately controlled approvals or tolerance levels for use of submitted, EPA will conduct an analysis by methyl bromide alternatives. sulfuryl fluoride. A person submitting that is similar to that conducted in the Regulatory adjustment is for those areas detailed data on sulfuryl fluoride as a development of the U.S. nomination in where the alternatives have additional methyl bromide alternative, or data on which EPA’s Office of Pesticide regulatory constraints on their use. any other post-harvest alterative to Programs reviews the quantity of methyl Adoption of new fumigants or control methyl bromide, should include: bromide requested by each applicant measures is the percent of the requested • Historic information on pest control and adjusts the amounts needed where volume where alternatives could be efficacy of current fumigant (trap catch alternatives are not technically or adopted to replace methyl bromide. data if available). Combined impacts adjustments are the • Size and building composition of economically feasible. Since the review associated with the development of the percent of the requested area where facility. alternatives cannot be used due to key • Data from a range of geographic U.S. nomination is two years prior to the relevant year of exemption there pest, regulatory, and current status in conditions. adoption of new fumigants. In each case • Data on methyl bromide which will may be specific situations where the critical need may have changed. In the total area impacted is the conjoined be used for comparison purposes. area that is impacted by any of the • Temperature data inside and individual cases where new, more individual impacts. The effects are outside the facilities. relevant and verifiable information • Trap catch data from before becomes available after submission of assumed to be independently treatment and 3-, 7- and 14-working the U.S. nomination, an additional distributed unless contrary evidence is days after treatment. ‘‘post-hoc’’ review to evaluate the available. • Information on differences in technical and economic feasibility of When reviewing the adoption of new ‘‘down time’’ (non-operating time) at alternatives may be warranted. fumigants or control measures, any facility for methyl bromide and When considering the suitability of information on the relative efficacy of alternative. making a post-hoc assessment EPA the alternative is critical. Examples of • Amount of methyl bromide and considers two issues: First, whether any relevant information consists of: alternative used in treatment. reductions been made in the nominated Historic information on efficacy of the • Price to treat a typical facility (both amount that are approved at the current fumigant (comparative efficacy chemical prices and fumigation set-up Meetings of the Parties to the Montreal data should include methyl bromide as and take-down costs). Protocol, and second, the quality and a standard whenever possible), size and The Agency recognizes that the status verification of new data to support a building composition of facility being of other alternatives to methyl bromide post-hoc review. treated, data from a range of geographic may have changed since the finalization In the post-hoc review process the conditions, temperature data from of the May 2005 MBTOC report and amount requested would once again be inside and outside the treated facilities, there may be updated comparative the starting point for all calculations. pest population data from before and information regarding alternatives and Each sector would be reviewed on an after the treatments, information on methyl bromide, as well as new data on individual application basis. The first down time between methyl bromide and emission minimization techniques that assessment would involve the alternatives, amounts of methyl bromide would allow a user to obtain the same subtraction process that adjusts for: or alternative used, and the price to treat results with smaller quantities of methyl Double-counting, growth, quarantine a typical facility including chemical, bromide. With today’s action, EPA is and preshipment use, and use rate fumigation set-up and take down costs. soliciting new information on differences. Adjustments for double- The kilogram amount recommended alternatives to methyl bromide and counting is the estimate measured in is calculated by multiplying the final emission minimization techniques. In kilograms in situations where an amount after all subtractions and
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multiplying it by the combined impacts critical use of methyl bromide and that have not come to the end of the control adjustment. such procedures take into account period, and because we anticipate that If adequate quantitative information is quantities of methyl bromide available stock levels will be lower in 2006. In not submitted, EPA will review the 15 from existing stocks.’’ part because of this, EPA is proposing percent uptake estimate in light of all The language in these Decisions is a safeguard to ensure that critical needs information that the Agency holds and similar to language in Decision Ex I/3, will be met should the assumption that any new information received before the paragraph 5. In the December 23, 2004 users will be able to access this amount development of the final rule regarding Federal Register notice establishing the of stocks prove to be incorrect. EPA the basis for that estimate. As noted framework for critical use exemptions seeks comments on the proposed above, the proposed 15 percent uptake and the critical use level for 2005, EPA fractional portion of the 8,074,683 of sulfuryl fluoride in 2006 for the interpreted paragraph 5 of Decision Ex kilograms authorized for critical uses in limited number of uses for which there I/3 ‘‘as meaning that the U.S. should not 2006 that would come from pre- are recent registrations would result in authorize critical use exemptions phaseout inventories of methyl bromide. an approximate reduction of the level of without including provisions addressing In developing today’s proposal of the critical use methyl bromide for 2006 by drawdown from stocks for critical uses’’ percentage that would come from new 0.42% of the U.S. 1991 consumption (69 FR 76987). The December 23, 2004 production or import as compared to the baseline level. final rule established provisions percentage that would come from pre- phaseout inventories of methyl bromide F. What Are the Sources of Critical Use governing the sale of pre-phaseout for the 2006 control period, the Agency Methyl Bromide? inventories for critical uses, including recognizes there is still market the concept of critical stock allowances As discussed above and in the uncertainty regarding the availability of (CSAs) and a prohibition on sale of pre- Framework Rule (69 FR 76982), an stocks for critical uses and therefore phaseout inventories for critical uses in approved critical user may obtain access proposes a petition process that would excess of the amount of CSAs held by to exempted production/import of allow real-time responses to market the seller. In addition, EPA noted that methyl bromide and to limited conditions. The Agency is proposing a stocks were further taken into account inventories of pre-phaseout methyl petition mechanism that will allow a through the trading provisions that bromide, the combination of which critical user to demonstrate his or her allow critical use allowances to be constitute the supply of ‘‘critical use inability to acquire sufficient methyl methyl bromide’’ intended to meet the converted into critical stock allowances. bromide from stocks. Upon receipt of a needs of agreed critical uses. In Decision Under today’s proposed action, no petition that meets the information XVI/2 and Decision Ex.II/1 the Parties to significant changes would be made to criteria discussed below, EPA would the Protocol authorized agreed critical- those provisions, which would remain review the petition and consider use levels for 2006 of 8,074,683 part of the framework for the critical use converting a limited number of CSAs to kilograms, which is equivalent to 32% exemption and which would continue CUAs (up to the 30% limit agreed by the of the U.S. 1991 methyl bromide to be in accordance with Decisions of Parties to the Protocol in Decision XVI/ consumption baseline. As noted above, the Parties. Bearing in mind the United 2 and Ex.II/1). EPA believes that this paragraph 2 of Decision Ex.II/1 states, States’ ‘‘renewed commitment’’ as stated petition process is warranted given the ‘‘that a Party with a critical-use in Decision Ex II/1, EPA is proposing an uncertainty in projecting the amount of exemption level in excess of permitted additional action based on experience pre-phaseout inventories that may be levels of production and consumption with the 2005 critical use exemption. available for critical uses. Thus, the for critical uses is to make up any such EPA is proposing to adjust the portion proposed petition process would difference between those levels by using of critical use methyl bromide to come provide an important safety mechanism quantities of methyl bromide available from exempted production or import as for critical users. from existing stocks.’’ The permitted compared to the portion to come from level of production and consumption of stocks. With today’s action, the Agency Information To Be Submitted in Petition critical use methyl bromide in Decision is proposing that 6,823,707 kilograms of EPA proposes that if you are an XVI/2 and Decision Ex.II/1 is 7,658,265 methyl bromide, which is equivalent to approved critical user who has kilograms which is equivalent to 30% of 27% percent of the 1991 consumption attempted unsuccessfully to obtain the U.S. 1991 consumption baseline, baseline, come from new production or methyl bromide from at least two CSA making the amount to come from stocks import, and that 1,150,824 kilograms, holders, you may request additional equivalent to 2% of baseline. which is equivalent to 5% of baseline, production or import of methyl bromide In developing today’s action, the come from pre-phaseout methyl by submitting the following information Agency notes that Decision XVI/2 (para. bromide inventories. The percentage of to EPA: (a) Your name and address; (b) 4) contains the following language, methyl bromide proposed to come from name of contact person and phone and ‘‘each Party which has an agreed critical pre-phaseout inventories is the same as fax number(s), and e-mail address; (c) use should ensure that the criteria in the percentage that was to come from the name of the organization/ paragraph 1 of decision IX/6 are applied pre-phaseout inventories in the 2005 consortium that submitted an when licensing, permitting or control period. To date, it does not application for a critical use exemption authorizing critical use of methyl appear that critical users have had and of which you are a member, (d) bromide and that such procedures take difficulty in obtaining methyl bromide description of use, location and limiting into account available stocks of banked from stocks during the 2005 control critical condition qualifying for critical or recycled methyl bromide,’’ and period. Drawing on this experience, use methyl bromide; (e) quantity (in Decision Ex.II/1 (para. 5) contains the EPA is proposing to grant CSAs kilograms) of methyl bromide needed following slightly different language, equivalent to 5% of baseline for the for the relevant control period and the ‘‘each Party which has an agreed critical 2006 control period, on the assumption amount acquired to date; (f) use renews its commitment to ensure that users will continue to be able to documentation or phone logs of that the criteria in paragraph 1 of access this level of stocks during 2006. unsuccessful attempts to place an order decision IX/6 are applied when There is some uncertainty in this for a specific quantity of critical use licensing, permitting or authorizing determination, however, given that we methyl bromide with at least two
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entities listed in 82.8; (g) the name, corresponding supplies of pre-phaseout the applicant and specify the necessary address and contract information for the methyl bromide and are unable to information. EPA will consider the distributor and the producer/importer obtain such pre-phaseout material, and merits of each individual petition and who will be part of the adjustment that the distributor is willing to have industry-wide data on the availability transaction (converting CSAs to CUAs); these CSAs converted to CUAs, if and viability of alternatives. EPA retains (h) a letter from the distributor authorized, in a transaction with a the right to deny a petition based on confirming that they hold CSAs for producer/importer. The Agency is information received regarding, inter which they do not hold, and cannot proposing a review and authorization of alia, fraud, misrepresentation, obtain, a corresponding quantity of pre- the petition request to ensure there is a inconsistency with Articles and phaseout inventories of methyl bromide; need for an adjustment between the Decisions under the Montreal Protocol, agreeing to the transfer, with EPA amount of critical use methyl bromide inconsistency with the CAA approval, of a specified quantity of their from new production/import as Amendments of 1990, or other reasons CSAs to an identified producer/importer compared with the amount from pre- related to human health and the for conversion to CUAs, on the phaseout inventories. In addition, the environment. condition that the producer/importer Agency must ensure that the total Notification of Petitioners offer the distributor an opportunity to aggregate amount of new production/ purchase a quantity of critical use import does not exceed the limit agreed EPA will issue a letter to the methyl bromide equivalent to that to by the Parties to the Protocol in petitioner, copying the distributor and produced or imported through the Decision XVI/2 and Decision Ex.II/1. producer/importer, stating whether the expenditure of the resulting CUAs; and EPA seeks comment on the petition Agency is granting or denying the confirming that the distributor will offer requirements outlined above and has petition. Denial letters will state the the petitioner, in turn, an opportunity to submitted an Information Collection reason for the denial. Within ten purchase the same quantity of critical Request (ICR) to the Office of working working days after receipt of use methyl bromide for critical uses; (i) Management and Budget (OMB) for the denial letter, the petitioner may file a letter from the identified producer/ approval to collect this data. For a one-time appeal, with supporting importer agreeing to the receipt of the additional information, please see reasons. EPA may affirm the denial or CSAs transferred by the distributor, Section VI.B, ‘‘Paperwork Reduction grant the petition based on the requesting EPA approval to convert the Act.’’ information provided by petitioner or CSAs to CUAs, and confirming that they other available evidence. If no appeal is will offer the distributor an opportunity Deadline for Petitioning taken by the tenth working day after to purchase a quantity of critical use EPA is proposing that petitions would receipt of the denial letter, the denial methyl bromide equivalent to that be due no later than October 1st of the will be final on that day. produced or imported with the CUAs relevant control period. EPA is G. What Are the Critical Use Allowance resulting from the transaction. The proposing that the period for petitioning Allocations? offset established in the framework rule end October 1st to allow sufficient time (69 FR 76982) for trades from CUAs to for the Agency’s petition review and to EPA is proposing to allow limited CSAs would not apply to a petition for assure the final authorization leaves amounts of new production or import of converting CUAs to CSAs. The enough time for the commercial methyl bromide for critical uses for companies involved in a petition should transaction to occur within the control 2006 in the amount of 6,823,707 indicate what information they are period to address concerns about the kilograms as shown in Table II. below. claiming as Confidential Business availability of critical use methyl With today’s action, EPA is proposing to Information. Information claimed as bromide. EPA believes it is important to allocate critical use allowances (CUAs) confidential will be treated in establish a fixed end-point for to producers and importers of methyl accordance with EPA’s regulations on submission of petitions to give the bromide on a pro-rata basis based on confidential business information at 40 petitions due consideration and ensure their 1991 consumption baseline levels. CFR part 2 subpart B. EPA will notify that total production and import for Each critical use allowance (CUA) is petitioners of deficiencies and give them critical uses does not exceed the level equivalent to 1 kg of critical use methyl an opportunity to provide information agreed by the Parties to the Montreal bromide. These allowances expire at the needed to fully complete the petition. Protocol for the control period. Because end of the control period and, consistent However, if petitioners do not respond most of the information needed to with the Framework Rule, are not to EPA’s requests for additional support a petition should be readily bankable from one year to the next. information within 15 working days of available, EPA believes that the first Today’s proposal for allocating the the request and the petition remains three quarters of the calendar year following number of pre-plant and post- incomplete, the petition will not be (control period) should be sufficient harvest critical use allowances (CUAs) considered. A statement from a time for petitioners to assess the market to the entities listed below would be distributor that they cannot obtain availability of critical use methyl subject to the trading provisions at 40 stockpiled methyl bromide in a quantity bromide and collect and compile CFR 82.12, which are discussed in corresponding to the number of CSAs supporting documentation. Although section V.(G) of the preamble to the they hold could be supported by on EPA may request additional information Framework Rule (69 FR 76982). letters from local or regional suppliers from petitioners after the deadline of As discussed in section V.(E) of the indicating that stockpiled methyl October 1st, the Agency will not preamble to the Framework Rule (69 FR bromide is unavailable. consider petitions filed after these dates. 76990), EPA issues CUAs once a year EPA is proposing that the petitioner except in the instance where the Parties submit documentation for an Length of Agency Review of Petitions authorize supplemental CUEs. EPA may adjustment transaction that includes a EPA is proposing a 30-working-day amend allocations in a subsequent letter from a distributor certifying that review period for petitions. If more rulemaking to allocate supplemental they hold CSAs but do not hold information is needed, EPA will contact methyl bromide for 2006.
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TABLE II.—ALLOCATION OF CRITICAL USE ALLOWANCES
2006 Critical 2006 Critical use allow- use allow- Company ances for pre- ances for post- plant uses* harvest uses* (kilograms) (kilograms)
Great Lakes Chemical Corp ...... 3,831,117 315,974 Albemarle Corp ...... 1,575,415 129,934 Ameribrom, Inc ...... 870,292 129,934 TriCal, Inc ...... 26,971 2,224
Total ...... 6,303,796 519,910 * For production or import of class I, Group VI controlled substance exclusively for the Pre-Plant or Post-Harvest uses specified in Appendix L to 40 CFR Part 82.
EPA seeks comment on the total aware of any factors that would alter the markets compete for a lump sum. A levels of exempted production/import analysis performed during the market-based lump sum system will for critical uses in 2006. development of the Framework rule but likely operate to mirror a sector-specific Paragraph four of Decision Ex. I/3, seeks comment on today’s proposal to allocation over time. For the reasons taken at the 1st Extraordinary Meeting allocate CUAs in the same two stated above, EPA is not proposing to of the Parties, stated ‘‘that Parties groupings (pre-plant and post-harvest) change the approach adopted in the should endeavor to allocate the as was done for 2005 control period. Framework Rule for the allocation of quantities of methyl bromide In developing the Framework Rule CUAs. However, in making today’s recommended by the Technology and and allocating CUAs for 2005, EPA proposal, EPA endeavors to seek Economic Assessment Panel as listed in examined the economic, environmental comments on a sector-specific allocation annex II A to the report of the First and administrative effects of various that would reflect groupings in the U.S. Extraordinary Meeting of the Parties.’’ allocation options over the projected life nomination that were subsequently Similarly, paragraph four of Decision of the CUE exemption program. The recommended by the Technology and Ex. II/1 states, ‘‘that Parties that have an Agency found that a universal approach Economic Assessment Panel for 2006. agreed critical use shall endeavor to would offer equal environmental license, permit, authorize or allocate the protection, at less cost and with easier H. What Are the Critical Stock quantities of methyl bromide implementation compared to the other Allowance Allocations? recommended by the Technology and options, such as sector-specific EPA is proposing to allocate critical Economic Assessment Panel to the allocation method. The Agency adopted stock allowances (CSAs) to the entities specific categories of use shown in table a modified universal approach, listed below in Table III for the control A of the annex to the present decision.’’ separating pre-plant from post-harvest period of 2006 in the amount of In accordance with Decision Ex. I/3, uses in order to address concerns raised 1,150,824 kilograms. paragraph four, and consistent with the by smaller, less frequent and end-of-year In the Framework Rule, EPA more recent Decision, the Agency uses. restricted access to stocks for approved endeavored to allocate directly on a In addition, although the approach critical users as a condition of obtaining sector-by-sector basis by analyzing and adopted in the Framework Rule does new production and import (69 FR proposing this option, among others, in not directly allocate allowances to each 76987–76988). EPA is not planning to August of 2004. In the final Framework category of use, the Agency anticipates change this aspect of the critical use Rule, the Agency made a reasoned that reliance on market mechanisms exemption framework through today’s decision as to the economic, will achieve similar results indirectly. proposed action. Decision Ex. II/1 environmental and practical effects of As described in the August 25, 2004 established two distinct levels: A implementing the various proposed notice of proposed rulemaking and critical-use exemption level and a approaches, after considering public accompanying regulatory impact permitted level of production and comment. In the August 25, 2004 analysis (E-Docket OAR–2003–0230), consumption. It further indicates that Allocation Framework proposed the Agency believes that under the the difference between the two levels is rulemaking (69 FR 52366), EPA solicited Universal system, as divided into pre- to be made up ‘‘by using quantities of comment on both universal and sector- plant and post-harvest sectors, the methyl bromide available from existing based allocation of critical use actual critical use will closely follow the stocks.’’ The higher critical-use allowances, as well as more flexible sector breakout listed by the TEAP and exemption level would have no methods for determining allocations. incorporated into the Parties’ Decision. meaning if critical users were allowed After comments were received, it was EPA will continue to monitor sectoral continued access to pre-phaseout determined in the final Framework Rule use. The TEAP recommendations are inventories once the combination of (69 FR 76989) that a lump-sum, or based on data submitted by the U.S. new production or import and sale of universal, allocation, modified to which in turn are based on recent pre-phaseout inventories for critical include distinct caps for pre-plant and historic use data under the current uses reached that level. Therefore, post-harvest uses, was the most efficient methyl bromide phaseout market. In despite the absence in Decision XVI/2 or and least burdensome approach that other words, the TEAP Decision Ex. II/1 of the explicit use would achieve the desired recommendations agreed to by the prohibition that appeared in Decision environmental results, and that there Parties are based on current use and the Ex. I/3, paragraph 3, EPA continues to would be significant administrative and current uses are taking place in a view the previously promulgated stock practical difficulties associated with a marketplace where all methyl bromide restrictions as an appropriate means of sector-specific approach. EPA is not uses in the pre-plant and post-harvest ensuring that total critical use does not
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exceed the level agreed to by the Parties. quantity of methyl bromide for a actions taken during the current control The Agency also believes that the treatment chamber, facility, or field that period and would provide greater clarity restriction on access to stocks for critical I previously fumigated with non-critical and simplicity by eliminating the date users is an expression of the United use methyl bromide purchased during of purchase of non-critical use methyl States’ ‘‘renewed commitment’’ to take the same control period’’ unless certain bromide as an issue. The change stocks into account and that there is a exceptions apply. This certification, by proposed in the Federal Register notice likely environmental benefit to the itself, would not preclude the user from for the 2005 supplemental rule would establishment of an upper limit because using the critical-use methyl bromide provide a safeguard in the event of an it will increase the price of methyl for a treatment chamber, facility, or field administrative delay. Because that bromide and thereby encourage the that he or she had fumigated earlier that change is still pending, EPA is also transition to alternatives in the long run. year with non-critical use methyl considering a change to the language of EPA currently possesses information bromide purchased during an earlier the prohibition, using the current on existing stocks of methyl bromide control period. However, the certification language as a model. Under that has been claimed as confidential. prohibition at 82.4(p)(2)(vi) states: ‘‘No this alternative approach, 82.4(p)(2)(vi) With regard to data for 2003, EPA has person who purchases critical use would read: ‘‘No person who purchases determined that the aggregate stock methyl bromide during the control critical use methyl bromide during the information is not confidential business period shall use that methyl bromide on control period shall use that methyl information and may be disclosed but is a field or structure for which that person bromide on a field or structure for currently withholding that information has used non-critical use methyl which that person has used non-critical due to the filing of complaints by bromide for the same use (as defined in use methyl bromide, purchased during affected businesses seeking to enjoin the Columns A and B of appendix L) in the the same control period, for the same Agency from its release (40 CFR 2.205). same control period’’ unless certain use (as defined in Columns A and B of EPA will continue to follow its own exceptions apply. That prohibition does appendix L) in the same control period’’ regulations with respect to the treatment not distinguish between non-critical use unless certain exceptions apply. This of this information. methyl bromide purchased during the alternative approach would employ the current control period and carryover point of sale to the end user as a proxy TABLE III.—ALLOCATION OF CRITICAL amounts purchased during earlier for actual use, following the example of STOCK ALLOWANCES control periods. Most purchases will be provisions in the Framework Rule that used in the same control period in address the purchase of critical use Company which they are bought. However, some methyl bromide. EPA is requesting amounts may be bought in one control comment on these and other ways to Albemarle period and used in a following control reconcile these two provisions. Ameribrom, Inc. period, particularly when the purchase J. Proposed Supplementary Critical Use Bill Clark Pest Control, Inc. occurs close to the end of the calendar Exemptions for 2006 Blair Soil Fumigation year. Burnside Services, Inc. In the previous Federal Register On January 31, 2005, the U.S. Cardinal Professional Products notice concerning the supplemental Government submitted a supplemental Carolina Eastern, Inc. nomination for critical use exemptions Degesch America, Inc. allocation for 2005, EPA proposed to Dodson Bros. change 82.4(p)(2)(vi) so that end users for 2006 that is equivalent to 0.02% of Great Lakes Chemical Corp. who had been using non-critical use the 1991 U.S. baseline. The Harvey Fertilizer & Gas methyl bromide during the first part of supplemental nomination for 7,070 Helena Chemical Co. 2005 would not be prevented from using kilograms for California dried beans was Hendrix & Dail critical use methyl bromide on the same considered ‘‘unable to assess’’ by the Hy Yield Bromine field or structure for the same use if they MBTOC in their May 2005 report Industrial Fumigation Company became approved critical users as a because of a need for clarification about J.C. Ehrlich Co. result of that supplemental rulemaking. the label for phosphine and the Pacific Ag The proposed change would also principal pest, the cowpea weevil. This Pest Fog Sales Corp. supplemental nomination for 2006 will Prosource One prevent adverse consequences for end Reddick Fumigants users if the main allocation rule for a be considered by the Parties to the Royster-Clark, Inc. particular calendar year were delayed. Protocol at their 17th Meeting in Dakar, Southern State Cooperative, Inc. In that instance, end users who were Senegal in December 2005. The U.S. Trical Inc. designated as approved critical users by submitted additional information in Trident Agricultural Products the supplemental rule would not be August 2005 to the MBTOC responding UAP Southeast (NC) penalized for having used non-critical to various questions on critical use UAP Southeast (SC) use methyl bromide prior to the nominations. The response included a Univar effective date of the rule making a clarification of the status of the Vanguard Fumigation Co. supplemental allocation. phosphine label with regards to its use Western Fumigation EPA is proposing to reconcile the for dried beans. The MBTOC will issue TOTAL—1,150,824 kilograms language in 82.4(p)(2)(vi) and 82.13(dd). another report in the fall of 2005 before EPA’s preferred approach is to change the 17th Meeting. The Parties are I. Clarifications to the Framework Rule the language of the certification to omit unlikely to approve more than the EPA is proposing to clarify language the word ‘‘purchased’’ from the amount nominated by the U.S. in this in the Framework Rule regarding sentence that begins ‘‘I will not use this supplemental request. In anticipation of consecutive use of non-critical use quantity of methyl bromide for a action on this supplemental nomination methyl bromide and critical use methyl treatment chamber, facility, or field that in December 2005, EPA is proposing to bromide. Under 82.13(dd), an approved I previously fumigated with non-critical include this quantity in the critical use critical user who purchases a quantity of use methyl bromide purchased during levels for 2006, subject to the estimate critical use methyl bromide is required the same control period * * *’’. This of a 15% uptake of sulfuryl fluoride due to certify, in part: ‘‘I will not use this approach would put the focus on to the recent California registration. If
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the Parties reach a decision that a lesser a serious inconsistency or otherwise The ICR pertains only to the amount is appropriate, EPA will adjust interfere with an action taken or petitioning requirements described in the quantity accordingly in the final planned by another agency; (3) Section V.F. The information collection rule. This proposed inclusion would materially alter the budgetary impact of under this rule is authorized under very slightly increase the actual amount entitlements, grants, user fees, or loan Sections 603(b), 603(d) and 614(b) of the of critical use methyl bromide allocated, programs or the rights and obligations of Clean Air Act (CAA). without a noticeable change in the recipients thereof; or (4) raise novel The petition requirements included in overall percentages discussed in today’s legal or policy issues arising out of legal this rule are intended, in part, to: action. mandates, the President’s priorities, or the principles set forth in the Executive (1) Satisfy U.S. obligations under the VI. Statutory and Executive Order international treaty, The Montreal Reviews Order. OMB has notified EPA that it Protocol on Substances that Deplete the A. Executive Order No. 12866: considers this a ‘‘significant regulatory Ozone Layer (Protocol), to report data Regulatory Planning and Review action’’ under Executive Order No. under Article 7; Under Executive Order No. 12866, (58 12866 and EPA has submitted it to OMB (2) Fulfill statutory obligations under FR 51735, October 4, 1993) the Agency for review. Changes made in response to Section 603(b) of Title VI of the Clean must determine whether the regulatory OMB suggestions or recommendations Air Act (CAA) for reporting and action is ‘‘significant’’ and therefore will be documented in the public monitoring; record. subject to OMB review and the (3) Provide information to report to requirements of the Executive Order. B. Paperwork Reduction Act Congress on the production, use and The Order defines ‘‘significant consumption of class I controlled regulatory action’’ as one that is likely The information collection substances as statutorily required in to result in a rule that may: (1) Have an requirements in this proposed rule have Section 603(d) of the CAA. annual effect on the economy of $100 been submitted for approval to the million or more or adversely affect in a Office of Management and Budget Critical users would only need to material way the economy, a sector of (OMB) under the Paperwork Reduction submit the information if they were the economy, productivity, competition, Act, 44 U.S.C. 3501 et seq. The otherwise unable to obtain methyl jobs, the environment, public health or Information Collection Request (ICR) bromide. Section V.F contains a list of safety, or State, local, or tribal document prepared by EPA has been the data elements required for the governments or communities; (2) create assigned EPA ICR number 2179.04. petition process.
Total number Collection activity Number of of Hours per Total hours respondents responses response
Familiarization with Petition Process by end users ...... 2,000 20 1 20 Submission of Data to EPA (Petitioner) ...... 20 20 3 60 Submission of Letter to EPA Documenting Lack of Inventory (Distributor) 30 3 .25 .75 Submission of Letter to EPA Accepting Conversion of CSAs to CUAs (Producer/Importer) ...... 4 2 .25 .5 Report to EPA Documenting Expended Allowances (Producer/Importer) .. 4 2 .25 .5
Total Burden Hours ...... 4.75 81 .75
Burden means the total time, effort, or control number. The OMB control days after October 27, 2005, a comment financial resources expended by persons numbers for EPA’s regulations in 40 to OMB is best assured of having its full to generate, maintain, retain, or disclose CFR are listed in 40 CFR part 9. effect if OMB receives it by November or provide information to or for a To comment on the Agency’s need for 28, 2005. The final rule will respond to Federal agency. This includes the time this information, the accuracy of the any OMB or public comments on the needed to review instructions; develop, provided burden estimates, and any information collection requirements acquire, install, and utilize technology suggested methods for minimizing contained in this proposal. and systems for the purposes of respondent burden, including the use of C. Regulatory Flexibility Act (RFA) collecting, validating, and verifying automated collection techniques, EPA information, processing and has established a public docket for this The RFA generally requires an agency maintaining information, and disclosing rule, which includes this ICR, under E- to prepare a regulatory flexibility and providing information; adjust the Docket OAR–2005–0122. Submit any analysis of any rule subject to notice- existing ways to comply with any comments related to the ICR for this and-comment rulemaking requirements previously applicable instructions and proposed rule to EPA and OMB. See under the Administrative Procedure Act requirements; train personnel to be able ADDRESSES section at the beginning of or any other statute unless the agency to respond to a collection of this notice for where to submit certifies that the rule will not have a information; search data sources; comments to EPA. Send comments to significant economic impact on a complete and review the collection of OMB at the Office of Information and substantial number of small entities. information; and transmit or otherwise Regulatory Affairs, Office of Small entities include small businesses, disclose the information. Management and Budget, 725 17th small organizations, and small An agency may not conduct or Street, NW., Washington, DC 20503, governmental jurisdictions. For sponsor, and a person is not required to Attention: Desk Office for EPA. Since purposes of assessing the impacts of respond to a collection of information OMB is required to make a decision today’s rule on small entities, small unless it displays a currently valid OMB concerning the ICR between 30 and 60 entity is defined as: (1) A small business
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that is identified by the North American government of a city, county, town, profit enterprise which is independently Industry Classification System (NAICS) school district or special district with a owned and operated and is not Code in the Table below; (2) a small population of less that 50,000; and (3) dominant in its field. governmental jurisdiction that is a a small organization that is any not-for-
NAICS small business size standard (in number of Category NAICS code SIC code employees or millions of dollars)
Agricultural production ...... 1112—Vegetable and Melon farm- 0171—Berry Crops ...... $0.75 million. ing. 1113—Fruit and Nut Tree Farming .. 0172—Grapes. 1114—Greenhouse, Nursery, and 0173—Tree Nuts ...... Floriculture Production. 0175—Deciduous Tree Fruits (ex- cept apple orchards and farms). 0179—Fruit and Tree Nuts, NEC .... 0181—Ornamental Floriculture and Nursery Products. 0831—Forest Nurseries and Gath- ering of Forest Products. Storage Uses ...... $6 million. 115114—Postharvest Crop activities 2041—Flour and Other Grain Mill (except Cotton Ginning). Products. 311211—Flour Milling ...... 2044—Rice Milling ...... $21.5 million. 311212—Rice Milling ...... 4221—Farm Product Warehousing and Storage. 493110—General Warehousing and 4225—General Warehousing and Storage. Storage. Distributors and Applicators ...... 493130—Farm Product 0721—Crop Planting, Cultivation, $6 million. Warehousing and Storage. and Protection. Producers and Importers ...... 115112—Soil Preparation, Planting ...... 500 employees. and Cultivating. 325320—Pesticide and Other Agri- 2879—Pesticides and Agricultural cultural Chemical Manufacturing. Chemicals, NEC.
Agricultural producers of minor crops economic impact on a substantial D. Unfunded Mandates Reform Act and entities that store agricultural number of small entities, the impact of Title II of the Unfunded Mandates commodities are categories of affected concern is any significant adverse Reform Act of 1995 (UMRA), Pub. L. entities that contain small entities. This economic impact on small entities, 104–4, establishes requirements for rule only affects entities that applied to since the primary purpose of the Federal agencies to assess the effects of EPA for a de-regulatory exemption. In regulatory flexibility analyses is to their regulatory actions on State, local most cases, EPA received aggregated identify and address regulatory and tribal governments and the private requests for exemptions from industry alternatives ‘‘which minimize any sector. Under Section 202 of the UMRA, consortia. On the exemption significant economic impact of the EPA generally must prepare a written application, EPA asked consortia to proposed rule on small entities.’’ (5 statement, including a cost-benefit describe the number and size U.S.C. 603–604). Thus, an Agency may analysis, for proposed and final rules distribution of entities their application certify that a rule will not have a with ‘‘Federal mandates’’ that may covered. EPA estimated that 3,218 significant economic impact on a result in expenditures by State, local entities petitioned EPA for an substantial number of small entities if and tribal governments, in the aggregate, exemption for the 2005 control period. or by the private sector, of $100 million EPA received requests from a the rule relieves a regulatory burden, or otherwise has a positive economic effect or more in any one year. If a written comparable number of entities for the statement is required under Section 202, 2006 control period. Since many on all of the small entities subject to the rule. Since this rule exempts methyl Section 205 of the UMRA generally applicants did not provide information requires EPA to identify and consider a on the distribution of sizes of entities bromide for approved critical uses after the phaseout date of January 1, 2005, reasonable number of regulatory covered in their applications, EPA alternatives and adopt the least costly, 1 1 this is a de-regulatory action which will estimated that between ⁄4 to ⁄3 of the most cost-effective or least burdensome confer a benefit to users of methyl entities may be small businesses based alternative that achieves the objectives bromide. EPA believes the estimated de- on the definition given above. In of the rule, unless the Agency explains addition, other categories of affected regulatory value for users of methyl why this alternative is not selected or entities do not contain small businesses bromide is between $20 million to $30 the selection of this alternative is based on the above description. million annually. We have therefore inconsistent with law. After considering the economic concluded that today’s proposed rule Section 203 of the UMRA requires the impacts of today’s proposed rule on will relieve regulatory burden for all Agency to establish a plan for obtaining small entities, EPA certifies that this small entities. We continue to be input from and informing, educating, action will not have a significant interested in the potential impacts of the and advising any small governments economic impact on a substantial proposed rule on small entities and that may be significantly or uniquely number of small entities. In determining welcome comments on issues related to affected by the rule. Section 204 of the whether a rule has a significant such impacts. UMRA requires the Agency to develop
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a process to allow elected state, local, State and local officials early in the disproportionate effect on children. If and tribal government officials to process of developing the regulation. the regulatory action meets both criteria, provide input in the development of any EPA also may not issue a regulation that the Agency must evaluate the proposal containing a significant has federalism implications and that environmental health or safety effects of Federal intergovernmental mandate. preempts State law, unless the Agency the planned rule on children, and EPA has determined that this rule consults with State and local officials explain why the planned regulation is does not contain a Federal mandate that early in the process of developing the preferable to other potentially effective may result in expenditures of $100 regulation. and reasonably feasible alternatives million or more by State, local and tribal This proposed rule does not have considered by the Agency. governments, in the aggregate, or by the federalism implications. It will not have EPA interprets Executive Order 13045 private sector, in any one year. Today’s substantial direct effects on the States, as applying only to those regulatory action seeks comments on proposals on the relationship between the national actions that are based on health or safety made in accordance with obligations government and the States, or on the risks, such that the analysis required under the international treaty, The distribution of power and under Section 5–501 of the Order has Montreal Protocol on Substances that responsibilities among the various the potential to influence the regulation. Deplete the Ozone Layer, as well as levels of government, as specified in This proposed rule is not subject to requirements set forth by Congress in Executive Order No. 13132. Today’s Executive Order 13045 because it does Section 604(d)(6) of the Clean Air Act. proposed rule is expected to primarily not establish an environmental standard Viewed as a whole, all of today’s affect producers, suppliers, importers intended to mitigate health or safety amendments do not create a Federal and exporters and users of methyl risks. mandate resulting in costs of $100 bromide. Thus, Executive Order 13132 H. Executive Order No. 13211: Actions million or more in any one year for does not apply to this rule. That Significantly Affect Energy Supply, State, local and tribal governments, in In the spirit of Executive Order 13132, Distribution, or Use the aggregate, or for the private sector. and consistent with EPA policy to Thus, today’s proposed rule is not promote communications between EPA This proposed rule is not a subject to the requirements of Sections and State and local governments, EPA ‘‘significant energy action’’ as defined in 202 and 205 of the UMRA. EPA has also specifically solicits comment on this Executive Order No. 13211, ‘‘Actions determined that this proposed rule proposed rule from State and local Concerning Regulations That contains no regulatory requirements that officials. Significantly Affect Energy Supply, might significantly or uniquely affect Distribution, or Use’’ (66 FR 28355 (May F. Executive Order No. 13175: small governments; therefore, EPA is 22, 2001)) because it is not likely to Consultation and Coordination With not required to develop a plan with have a significant adverse effect on the Indian Tribal Governments regard to small governments under supply, distribution, or use of energy. Section 203. Finally, because this Executive Order No. 13175, entitled This proposed rule does not pertain to proposal does not contain a significant ‘‘Consultation and Coordination with any segment of the energy production intergovernmental mandate, the Agency Indian Tribal Governments’’ (65 FR economy nor does it regulate any is not required to develop a process to 67249, November 9, 2000), requires EPA manner of energy use. Therefore, we obtain input from elected State, local, to develop an accountable process to have concluded that this proposed rule and tribal officials under Section 204. ensure ‘‘meaningful and timely input by is not likely to have any adverse energy tribal officials in the development of effects. E. Executive Order No. 13132: regulatory policies that have tribal Federalism I. The National Technology Transfer implications.’’ This proposed rule does and Advancement Act Executive Order No. 13132, entitled not have tribal implications, as specified ‘‘Federalism’’ (64 FR 43255, August 10, in Executive Order No. 13175. Today’s Section 12(d) of the National 1999), requires EPA to develop an proposed rule does not significantly or Technology Transfer and Advancement accountable process to ensure uniquely affect the communities of Act of 1995 (‘‘NTTAA’’), Public Law. ‘‘meaningful and timely input by State Indian tribal governments. The No. 104–113, Section 12(d) (15 U.S.C. and local officials in the development of proposed rule does not impose any 272 note) directs EPA to use voluntary regulatory policies that have federalism enforceable duties on communities of consensus standards in its regulatory implications.’’ The phrase ‘‘policies that Indian tribal governments. Thus, activities unless to do so would be have federalism implications’’ is Executive Order No. 13175 does not inconsistent with applicable law or defined in the Executive Order to apply to this proposed rule. otherwise impractical. Voluntary include regulations that have EPA specifically solicits additional consensus standards are technical ‘‘substantial direct effects on the States, comment on this proposed rule from standards (e.g., materials specifications, on the relationship between the national tribal officials. test methods, sampling procedures, and government and the States, or on the business practices) that are developed or distribution of power and G. Executive Order No. 13045: adopted by voluntary consensus responsibilities among the various Protection of Children From standards bodies. The NTTAA directs levels of government.’’ Environmental Health & Safety Risks EPA to provide Congress, through OMB, Under Section 6 of Executive Order Executive Order No. 13045: explanations when the Agency decides No. 13132, EPA may not issue a ‘‘Protection of Children from not to use available and applicable regulation that has federalism Environmental Health Risks and Safety voluntary consensus standards. This implications, that imposes substantial Risks’’ (62 FR 19885, April 23, 1997) rulemaking does not involve technical direct control costs, and that is not applies to any rule that: (1) Is standards. Therefore, EPA is not required by statute, unless the Federal determined to be ‘‘economically considering the use of any voluntary government provides the funds significant’’ as defined under Executive consensus standards. necessary to pay the direct control costs Order 12866, and (2) concerns an EPA welcomes comments on this incurred by State and local environmental health or safety risk that aspect of the proposed rulemaking and, governments, or EPA consults with EPA has reason to believe may have a specifically, invites the public to
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identify potentially-applicable Dated: October 21, 2005. Authority: 42 U.S.C. 7414, 7601, 7671– voluntary consensus standards and to Stephen L. Johnson, 7671q. explain why such standards should be Administrator. 2. Section 82.8 is amended by revising used in this regulation. paragraphs (c)(1) and (c)(2) to read as 40 CFR part 82 is proposed to be List of Subjects in 40 CFR Part 82 follows: amended as follows: Environmental protection; § 82.8 Grant of essential use allowances Environmental treaty; Montreal Protocol PART 82—PROTECTION OF and critical use allowances. on Substances that Deplete the Ozone STRATOSPHERIC OZONE * * * * * Layer; Ozone depletion; Methyl bromide; Chemicals; Exports, Imports, 1. The authority citation for part 82 (c) * * * Production, Reporting and continues to read as follows: (1) Allocated critical use allowances recordkeeping requirements. granted for specified control period.
2006 Critical 2006 Critical use allow- uses allow- Company ances for pre- ances for post- plant* harvest uses* (kilograms) (kilograms)
Great Lakes Chemical Corp ...... 3,831,117 315,974 Albemarle Corp ...... 1,575,415 129,934 Ameribrom, Inc ...... 870,292 129,934 TriCal, Inc ...... 26,971 2,224
Total ...... 6,303,796 519,910 * For production or import of class I, Group VI controlled substance exclusively for the Pre-Plant or Post-Harvest uses specified in appendix L to this subpart.
(2) Allocated critical stock allowances (dd) Every approved critical user treated and will be signed and dated by granted for specified control period. purchasing an amount of critical use the approved critical user. methyl bromide or purchasing (ee) Petition Process for Critical Use Company fumigation services with critical use Methyl Bromide. (1) By October 1 of the relevant Albemarle methyl bromide must, for each request, Ameribrom, Inc. identify the use as a critical use and control period, an approved critical user Bill Clark Pest Control, Inc. certify being an approved critical users. may petition the Director of the Office Blair Soil Fumigation The approved critical user certification of Atmospheric Programs to convert a Burnside Services, Inc. will state, in part: I certify, under quantity of critical stock allowances Cardinal Professional Products penalty of law, ‘‘I am an approved held by an identified distributor to Carolina Eastern, Inc. critical user and I will use this quantity critical use allowances to be expended Degesch America, Inc. by an identified producer/importer. The Dodson Bros. of methyl bromide for an approved critical use. My action conforms to the approved critical user, or a consortium Great Lakes Chemical Corp. acting on the user’s behalf, must submit Harvey Fertilizer & Gas requirements associated with the critical Helena Chemical Co. use exemption published in 40 CFR part the following information. The entities Hendrix & Dail 82. I am aware that any agricultural that provide information to be included in a petition should indicate what Hy Yield Bromine commodity within a treatment chamber, information they are claiming as Industrial Fumigation Company facility or field I fumigate with critical J.C. Ehrlich Co. confidential business information. use methyl bromide cannot Pacific Ag Information claimed as confidential will Pest Fog Sales Corp. subsequently or concurrently be be treated in accordance with EPA’s Prosource One fumigated with non-critical use methyl regulations on confidential business Reddick Fumigants bromide during the same control period, information at 40 CFR part 2, subpart B. Royster-Clark, Inc. excepting a QPS exemption or a Southern State Cooperative, Inc. (i) Name and address; treatment for a different use (e.g., a (ii) Name of contact person and phone Trical Inc. different crop or commodity). I will not Trident Agricultural Products and fax number(s), and e-mail address; UAP Southeast (NC) use this quantity of methyl bromide for (iii) The name of the organization/ UAP Southeast (SC) a treatment chamber, facility, or field consortium that submitted an Univar that I previously fumigated with non- application for a critical use exemption Vanguard Fumigation Co. critical use methyl bromide during the and of which the approved critical user Western Fumigation same control period, excepting a QPS is a member; TOTAL—1,150,824 kilograms treatment for a different use (e.g., a (iv) Description of use, location and different crop or commodity), unless a 3. Section 82.13 is amended by limiting critical condition qualifying for local township limit now prevents me revising paragraph (dd) and adding critical use methyl bromide; from using methyl bromide alternatives paragraph (ee) to read as follows: (v) Quantity (in kilograms) of methyl or I have now become an approved bromide needed for the relevant control § 82.13 Recordkeeping and reporting critical user as a result of rulemaking.’’ period and the amount acquired to date; requirements for class I controlled The certification will also indicate that (vi) Documentation or phone logs of substances. type of critical use methyl bromide unsuccessful attempts to place an order * * * * * purchased, the acreage/square footage for a specific quantity of critical use
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methyl bromide with at least two submitted information, the petitioner (iv) Approval of the petition would be entities listed in 82.8; will have 15 working days to submit the inconsistent with U.S. commitments (vii) The name, address and contact missing information. If the petitioner and obligations under the provisions of information for the distributor and the does not submit the missing information the Montreal Protocol or (including producer/importer who will be part of within the 15 working days, the Director Decisions agreed by the Parties); the adjustment transaction (converting of the Office of Atmospheric Programs (v) Approval of the petition would be critical stock allowances (CSAs) to will not further consider the petition. inconsistent with the Clean Air Act; critical use allowances (CUAs)); (3) Within 30 working days of receipt (vi) Granting the petition may (viii) A letter from the distributor of a fully complete petition, the Director reasonably be expected to endanger confirming that they hold critical stock of the Office of Atmospheric Programs human health or the environment. allowances (CSAs) for which they do will issue a letter to the petitioner, and (4) Within 10 working days of receipt not hold, and cannot obtain, a copies to the distributor and producer/ of a letter (the ‘‘denial letter’’) from the corresponding quantity of pre-phaseout importer identified as being involved in Director of the Office of Atmospheric inventories of methyl bromide; agreeing the transaction, either granting or Programs denying, in full or in part, the to the transfer, with EPA approval, of a denying the petition. The Director of the petition to convert a quantity of critical specified quantity of their critical stock Office of Atmospheric Programs will stock allowances (CSAs) to critical use allowances (CSAs) to an identified consider the information received in allowances (CUAs), the petitioner may producer/importer for conversion to accordance with paragraph (ee)(1) of submit a one-time appeal with critical use allowances (CUAs), on the this section and other available elaborated information. Within 10 condition that the producer/importer information such as the availability and working days, the Director of the Office offer the distributor an opportunity to technical and economic feasibility of of Atmospheric Programs may affirm the purchase a quantity of critical use stockpiles and the industry-wide denial or determination to deny the methyl bromide equivalent to that progress on implementing alternatives. petition to convert a quantity of critical produced or imported through the The Director of the Office of stock allowances (CSAs) to critical use expenditure of the resulting critical use Atmospheric Programs may deny a allowances (CUAs) or make a allowances (CUAs); and confirming that petition, make a determination to deny, determination to grant the petition to the distributor will offer the petitioner, in full or in part, a petition to convert convert a quantity of critical stock in turn, an opportunity to purchase the a quantity of critical stock allowances allowances (CSAs) to critical use same quantity of critical use methyl (CSAs) to critical use allowances (CUAs) allowances (CUAs) in light of the bromide for critical uses; for one or more of the following reasons: information evidence submitted with (ix) A letter from the identified (i) The need for the quantity of methyl the appeal and other available producer/importer agreeing to the bromide in the petition can be supplied information. If no appeal is submitted receipt of the critical stock allowances from existing stocks held by other by the tenth day after receipt of the (CSAs) transferred by the distributor, distributors, or from critical use methyl denial letter notice outlining a requesting EPA approval to convert the bromide produced or imported with determination by the Director of the critical stock allowances (CSAs) to critical use allowances (CUAs) held by Office of Atmospheric Programs to deny critical use allowances (CUAs), and other distributors; or grant a petition, the denial will be confirming that they will offer the final on that day. (ii) The need for the quantity of distributor an opportunity to purchase a * * * * * quantity of critical use methyl bromide methyl bromide in the petition can be met by an alternative to methyl bromide 4. Appendix L is revised to read as equivalent to that produced or imported follows: with the critical use allowances (CUAs) due to changed circumstances in the resulting from the transaction. situation of the approved critical use Appendix L to Part 82 Subpart A— (2) If the Director of the Office of category; Approved Critical Uses, and Limiting Atmospheric Programs notifies the (iii) There is evidence of fraud or Critical Conditions for Those Uses for petitioner of deficiencies in the misrepresentation; the 2006 Control Period
Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
PRE-PLANT USES
Cucurbits ...... (a) Michigan growers ...... With a reasonable expectation that moderate to severe soilborne fungal dis- ease infestation, or moderate to severe disease infestation could occur with- out methyl bromide fumigation; or with a need for methyl bromide for re- search purposes. (b) Southeastern U.S. except Georgia With a reasonable expectation that one or more of the following limiting critical limited to growing locations in Ala- conditions either already exist or could occur without methyl bromide fumiga- bama, Arkansas, Kentucky, Lou- tion: moderate to severe yellow or purple nutsedge infestation, or to a lesser isiana, North Carolina, South Caro- extent: fungal disease infestation and root knot nematodes; or with a need lina, Tennessee, and Virginia. for methyl bromide for research purposes. (c) Georgia growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, moderate to severe fungal disease infestation, or to a lesser extent: root knot nematodes; or with a need for methyl bromide for research purposes.
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Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
Eggplant ...... (a) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or moderate to severe disease infestation, or restric- tions on alternatives due to karst geology; or with a need for methyl bromide for research purposes. (b) Georgia growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or moderate to severe pythium root and collar rots, or moderate to severe southern blight infestation, and to a lesser extent: crown and root rot; or with a need for methyl bromide for research purposes. (c) Michigan growers ...... With a reasonable expectation that moderate to severe soilborne fungal dis- ease infestation could occur without methyl bromide fumigation; or with a need for methyl bromide for research purposes. Forest Nursery Seed- (a) Growers in Alabama, Arkansas, With a reasonable expectation that one or more of the following limiting critical lings. Florida, Georgia, Louisiana, Mis- conditions already either exist or could occur without methyl bromide fumiga- sissippi, North Carolina, Oklahoma, tion: moderate to severe yellow or purple nutsedge infestation, or moderate South Carolina, Tennessee, Texas to severe disease infestation. and Virginia. (b) International Paper and its subsidi- With a reasonable expectation that one or more of the following limiting critical aries limited to growing locations in conditions already either exist or could occur without methyl bromide fumiga- Arkansas, Alabama, Georgia, South tion: moderate to severe yellow or purple nutsedge infestation, or moderate Carolina and Texas. to severe disease infestation. (c) Public (government owned) seed- With a reasonable expectation that one or more of the following limiting critical ling nurseries in the states of Idaho, conditions either already exist or could occur without methyl bromide fumiga- Illinois, Indiana, Kansas, Kentucky, tion: moderate to severe weed infestation including purple and yellow Maryland, Missouri, Nebraska, New nutsedge infestation, or moderate to severe Canada thistle infestation, or Jersey, Ohio, Oregon, Pennsylvania, moderate to severe nematodes, and to a lesser extent: fungal disease infes- Utah, Washington, West Virginia and tation. Wisconsin. (d) Weyerhaeuser Company and its With a reasonable expectation that one or more of the following limiting critical subsidiaries limited to growing loca- conditions already either exist or could occur without methyl bromide fumiga- tions in Alabama, Arkansas, North tion: moderate to severe yellow or purple nutsedge infestation, moderate to Carolina and South Carolina. severe disease infestation, and to a lesser extent: nematodes and worms. (e) Weyerhaeuser Company and its With a reasonable expectation that one or more of the following limiting critical subsidiaries limited to growing in conditions already either exist of could occur without methyl bromide fumiga- Washington and Oregon. tion: moderate to severe yellow nutsedge infestation, or moderate to severe fungal disease infestation. (f) Michigan growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exist or could occur without methyl bromide fumiga- tion: moderate to severe disease infestation, moderate to severe Canada thistle infestation, moderate to severe nutsedge infestation, and to a lesser extent: nematodes. (g) Michigan herbaceous perennials With a reasonable expectation that one or more of the following limiting critical growers. conditions already exist or could occur without methyl bromide fumigation: moderate to severe nematodes, moderate to severe fungal disease infesta- tion, and to a lesser extent: yellow nutsedge and other weeds infestation. Orchard Nursery (a) Members of the Western Raspberry With a reasonable expectation that one or more of the following limiting critical Seedlings. Nursery Consortium limited to grow- conditions already either exists or could occur without methyl bromide fumi- ing locations in California and Wash- gation: moderate to severe nematode infestation, medium to heavy clay ington (Driscoll’s raspberries and soils, or a prohibition of the use of 1,3-dichloropropene products due to their contract growers in California reaching local township limits on the use of this alternative. and Washington). (b) Members of the California Associa- With a reasonable expectation that one or more of the following limiting critical tion of Nurserymen-Deciduous Fruit conditions already either exists or could occur without methyl bromide fumi- and Nut Tree Growers. gation: moderate to severe nematodes, medium to heavy clay soils, or a prohibition of the use of 1,3-dichloropropene products due to reaching local township limits on the use of this alternative. (c) California rose nurseries ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or user may be prohibited from using 1,3-dichloropropene products because local township limits for this alter- native have been reached. Strawberry Nurseries (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes; or with a need for methyl bromide for research purposes.
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Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
(b) North Carolina, Tennessee and With a reasonable expectation that one or more of the following limiting critical Maryland growers. conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe black root rot, or moderate to severe root-knot nematodes, or moderate to severe yellow and purple nutsedge infestation, and to a lesser extent: crown rot; or with a need for methyl bromide for re- search purposes. Orchard Replant ...... (a) California stone fruit growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or moderate to severe fungal dis- ease infestation, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3- dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research pur- poses. (b) California table and raisin grape With a reasonable expectation that one or more of the following limiting critical growers. conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or moderate to severe fungal dis- ease infestation, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a prohibition on the use of 1,3- dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research pur- poses. (c) California walnut growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a pro- hibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bro- mide for research purposes. (d) California almond growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe nematodes, or replanted (non-virgin) orchard soils to prevent orchard replant disease, or medium to heavy soils, or a pro- hibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bro- mide for research purposes. Ornamentals ...... (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe nema- todes, or a prohibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research purposes. (b) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe weed infestation, or moderate to severe disease infestation, or moderate to severe nematodes, or karst topography; or with a need for methyl bromide for research purposes. Peppers ...... (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe nema- todes, or a prohibition on the use of 1,3-dichloropropene products because local township limits for this alternative have been reached; or with a need for methyl bromide for research purposes. (b) Alabama, Arkansas, Kentucky, Lou- With a reasonable expectation that one or more of the following limiting critical isiana, North Carolina, South Caro- conditions already either exists or could occur without methyl bromide fumi- lina, Tennessee and Virginia growers. gation: moderate to severe yellow or purple nutsedge infestation, or mod- erate to severe nematodes, or moderate to severe pythium root, collar, crown and root rots, or the presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less; or with a need for methyl bromide for research purposes. (c) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe yellow or purple nutsedge infestation, or mod- erate to severe disease infestation, or moderate to severe nematodes, or karst topography; or with a need for methyl bromide for research purposes. (d) Georgia growers ...... With a reasonable expectation that one or more of the following limiting critical conditions either already exist or could occur without methyl bromide fumiga- tion: moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or moderate to severe pythium root and collar rots, or moderate to severe southern blight infestation, and to a lesser extent: crown and root rot; or with a need for methyl bromide for research purposes.
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Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
(e) Michigan growers ...... With a reasonable expectation that moderate to severe fungal disease infesta- tion would occur without methyl bromide fumigation; or with a need for meth- yl bromide for research purposes. Strawberry Fruit ...... (a) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe black root rot or crown rot, or moderate to severe yellow or purple nutsedge infestation, or moderate to severe nematodes, or a prohibition of the use of 1,3-dichloropropene products because local town- ship limits for this alternative have been reached, time to transition to an al- ternative; or with a need for methyl bromide for research purposes. (b) Florida growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe yellow or purple nutsedge, or moderate to severe nematodes, or moderate to severe disease infestation, or karst topography and to a lesser extent: carolina geranium or cut-leaf evening primrose infes- tation; or with a need for methyl bromide for research purposes. (c) Alabama, Arkansas, Georgia, Illi- With a reasonable expectation that one or more of the following limiting critical nois, Kentucky, Louisiana, Maryland, conditions already either exists or could occur without methyl bromide fumi- New Jersey, North Carolina, Ohio, gation: moderate to severe yellow or purple nutsedge, or moderate to severe South Carolina, Tennessee and Vir- nematodes, or moderate to severe black root and crown rot, or the presence ginia growers. of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less; or with a need for methyl bromide for research purposes. Tomatoes ...... (a) Michigan growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe fungal pathogens infestation; or with a need for methyl bromide for research pur- poses. (b) Alabama, Arkansas, Florida, Geor- With a reasonable expectation that one or more of the following limiting critical gia, Kentucky, Louisiana, North conditions already either exists or could occur without methyl bromide fumi- Carolina, South Carolina, and Ten- gation: moderate to severe yellow or purple nutsedge infestation, or mod- nessee growers. erate to severe disease infestation, or moderate to severe nematodes, or the presence of an occupied structure within 100 feet of a grower’s field the size of 100 acres or less, or karst topography; or with a need for methyl bromide for research purposes. (c) California growers ...... With a reasonable expectation that one or more of the following limiting critical conditions already either exists or could occur without methyl bromide fumi- gation: moderate to severe disease infestation, or moderate to severe nema- todes; or with a need for methyl bromide for research purposes. Turfgrass ...... (a) U.S. turfgrass sod nursery pro- For the production of industry certified pure sod; with a reasonable expectation ducers who are members of that one or more of the following limiting critical conditions already either ex- Turfgrass Producers International ists or could occur without methyl bromide fumigation: moderate to severe (TPI). bermudagrass, nutsedge and off-type perennial grass infestation, or mod- erate to severe, or moderate to severe white grub infestation; or with a need for methyl bromide for research purposes.
POST-HARVEST USES
Food Processing ...... (a) Rice millers in all locations in the With a reasonable expectation that one or more of the following limiting critical U.S. who are members of the USA conditions exists: moderate to severe infestation of beetles, weevils or Rice Millers Association. moths, or older structures that can not be properly sealed to use an alter- native to methyl bromide, or the presence of sensitive electronic equipment subject to corrosivity, time to transition to an alternative. (b) Pet food manufacturing facilities in With a reasonable expectation that one or more of the following limiting critical the U.S. who are active members of conditions exists: moderate to severe infestation or beetles, moths, or cock- the Pet Food Institute. (For today’s roaches, or older structures that can not be properly sealed to use an alter- rule, ‘‘pet food’’ refers to domestic native to methyl bromide, or the presence of sensitive electronic equipment dog and cat food). subject to corrosivity, time to transition to an alternative. (c) Kraft Foods in the U.S...... With a reasonable expectation that one or more of the following limiting critical conditions exists: older structures that can not be properly sealed to use an alternative to methyl bromide, or the presence of sensitive electronic equip- ment subject to corrosivity, time to transition to an alternative. (d) Members of the North American With a reasonable expectation that one or more of the following limiting critical Millers’ Association in the U.S. conditions already exists or could occur without methyl bromide fumigation: moderate to severe beetle infestation, or older structures that can not be properly sealed to use an alternative to methyl bromide, or the presence of sensitive electronic equipment subject to corrosivity, time to transition to an alternative.
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Column A Column B Column C Approved critical Approved critical user and location of uses use Limiting critical conditions
(e) Members of the National Pest Man- With a reasonable expectation that one or more of the following limiting critical agement Association associated with conditions already exists or could occur without methyl bromide fumigation: dry commodity structure fumigation moderate to severe beetle or moth infestation, or older structures that can (cocoa) and dry commodity fumiga- not be properly sealed to use an alternative to methyl bromide, or the pres- tion (processed food, herbs, spices, ence of sensitive electronic equipment subject to corrosivity, time to transi- and dried milk). tion to an alternative. Commodity Storage (a) California entities storing walnuts, With a reasonable expectation that one or more of the following limiting critical beans, dried plums, figs, raisins, conditions exists: rapid fumigation is required to meet a critical market win- dates and pistachios in California. dow, such as during the holiday season, rapid fumigation is required when a buyer provides short (2 working days or less) notification for a purchase, or there is a short period after harvest in which to fumigate and there is limited silo availability for using alternatives; or with a need for methyl bromide for research purposes. Dry Cured Pork (a) Members of the National Country With a reasonable expectation that one or more of the following limiting critical Products. Ham Association. conditions already exists or could occur without methyl bromide fumigation: moderate to severe red legged ham beetle, cheese/ham skipper, dermested beetle or ham mite infestation. (b) Members of the American Associa- With a reasonable expectation that one or more of the following limiting critical tion of Meat Processors. conditions already exists or could occur without methyl bromide fumigation: moderate to severe red legged ham beetle, cheese/ham skipper, dermested beetle or ham mite infestation. (c) Nahunta Pork Center (North Caro- With a reasonable expectation that one or more of the following limiting critical lina). conditions already exists or could occur without methyl bromide fumigation: moderate to severe red legged ham beetle, cheese/ham skipper, dermested beetle or ham mite infestation.
[FR Doc. 05–21526 Filed 10–26–05; 8:45 am] BILLING CODE 6560–50–P
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Reader Aids Federal Register Vol. 70, No. 207 Thursday, October 27, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
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. Presidential Documents 3 CFR 13311 (Amended by 13388) ...... 62023 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 7936...... 58281 13316 (Superseded in 7937...... 58283 part by 13385)...... 57989 Other Services 7938...... 58285 13231 (Amended by Electronic and on-line services (voice) 741–6020 7939...... 58287 13385) ...... 57989 Privacy Act Compilation 741–6064 7940...... 59209 13283 (Revoked by Public Laws Update Service (numbers, dates, etc.) 741–6043 7941...... 59977 13385) ...... 57989 TTY for the deaf-and-hard-of-hearing 741–6086 7942...... 59979 13326 (Revoked by 7943...... 59981 13385) ...... 57989 ELECTRONIC RESEARCH 7944...... 59983 13328 (Revoked by World Wide Web 7945...... 59985 13385) ...... 57989 7946...... 61013 13356 (Revoked by Full text of the daily Federal Register, CFR and other publications 7947...... 61015 13388) ...... 62023 is located at: http://www.gpoaccess.gov/nara/index.html 7948...... 61017 13369 (Amended by Federal Register information and research tools, including Public 7949...... 61019 13386) ...... 58289 Inspection List, indexes, and links to GPO Access are located at: 7950...... 61545 13382 (See Notice of http://www.archives.gov/federallregister/ Executive Orders: October 25, 2005)...... 62023 E-mail 11145 (Continued by 13385...... 57989 13385) ...... 57989 13386...... 58289 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 11183 (Continued by 13387...... 60697 an open e-mail service that provides subscribers with a digital 13385) ...... 57989 form of the Federal Register Table of Contents. The digital form 13388...... 62023 11287 (Continued by of the Federal Register Table of Contents includes HTML and Administrative Orders: 13385) ...... 57989 PDF links to the full text of each document. Memorandums: 12131 (Continued by Memorandum of June To join or leave, go to http://listserv.access.gpo.gov and select 13385) ...... 57989 2, 2005 (See EO Online mailing list archives, FEDREGTOC-L, Join or leave the list 12196 (Continued by 13388) ...... 62023 (or change settings); then follow the instructions. 13385) ...... 57989 Presidential PENS (Public Law Electronic Notification Service) is an e-mail 12216 (Amended by Determinations: service that notifies subscribers of recently enacted laws. 13385) ...... 57989 No. 2005–38 of To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 12367 (Continued by September 26, and select Join or leave the list (or change settings); then follow 13385) ...... 57989 2005 ...... 60397 the instructions. 12382 (Continued by No. 2005–39 of September 28, FEDREGTOC-L and PENS are mailing lists only. We cannot 13385) ...... 57989 2005 ...... 60399 respond to specific inquiries. 12473 (Amended by 13387) ...... 60697 No. 2005–40 of Reference questions. Send questions and comments about the 12905 (Continued by September 28, Federal Register system to: [email protected] 13385) ...... 57989 2005 ...... 60401 No. 2005–41 of The Federal Register staff cannot interpret specific documents or 12938 (See Notice of September 29, regulations. October 25, 2005)...... 62023 2005 ...... 60403 12958 (See 13387)...... 60697 Notices: FEDERAL REGISTER PAGES AND DATE, OCTOBER 12958 (See 13388)...... 62023 Notice of October 17, 57483–57724...... 3 12978 (See Notice of 2005 ...... 61023 57725–57992...... 4 October 19, 2005)...... 61209 Notice of October 19, 57993–58290...... 5 12994 (Continued by 2005 ...... 61209 58291–58602...... 6 13385) ...... 57989 Notice of October 25, 58603–58968...... 7 13094 (See Notice of 2005 ...... 62027 October 25, 2005)...... 62023 58969–59208...... 11 5 CFR 59209–59620...... 12 13226 (Amended by 13385) ...... 57989 532...... 61211 59621–59986...... 13 1650...... 59621 13231 (Continued by 59987–60202...... 14 5502...... 61713 60203–60404...... 17 13385) ...... 57989 Proposed Rules: 13237 (Continued by 60405–60714...... 18 1201...... 61750 60715–61024...... 19 13385) ...... 57989 61025–61210...... 20 13256 (Continued by 6 CFR 61211–61348...... 21 13385) ...... 57989 7...... 61211 61349–61546...... 24 13265 (Continued by 13...... 59209 61547–61712...... 25 13385) ...... 57989 61713–61884...... 26 13270 (Continued by 7 CFR 61885–62054...... 27 13385) ...... 57989 54...... 58969
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62...... 58969 722...... 59987 902...... 61233 26 CFR 205...... 61217 741...... 61713 Proposed Rules: 1 ...... 57509, 57750, 60132 300...... 57993 1700...... 59628 7...... 59678 54...... 59620 301...... 57993, 61349 Proposed Rules: 801...... 60214 302...... 57993 16 CFR 3...... 61068 Proposed Rules: 305...... 57993 208...... 61068 Proposed Rules: 1 ...... 57523, 57807, 57930, 318...... 57993 225...... 61068 23...... 57807 60475 319...... 57993, 61351 305...... 60716 226...... 60235 301...... 57523, 60475 322...... 57993 Ch. II ...... 60031 307...... 60015 801...... 60256 330...... 57993 325...... 61068 17 CFR 340...... 57993 331...... 60019 27 CFR 351...... 57993 362...... 60019 200...... 61030 9...... 59993, 59996 352...... 57993 404...... 61395 Proposed Rules: 353...... 57993 567...... 61068 1...... 58985 29 CFR 354...... 57993 145...... 58985 355...... 57994 13 CFR 147...... 58985 697...... 57722 360...... 57993 126...... 58974 241...... 61700 1610...... 57510 371...... 57993 2560...... 59620 380...... 57993 14 CFR 18 CFR 2590...... 59620 915...... 59622 21...... 59932 153...... 60426 4022...... 60002 927...... 59625 25 ...... 57726, 57728, 57730, 157...... 60426 4044...... 60002 979...... 57995 58605, 59630, 59632, 59635, 375...... 60426 Proposed Rules: 981...... 60405 59988, 60422 Proposed Rules: 404...... 61400 983...... 61220 39 ...... 57487, 57491, 57493, 2...... 58636, 60748 1910...... 59290 1005...... 59221 57732, 57734, 57736, 57739, 33...... 58636, 60748 1926...... 59290 1007...... 59221 57740, 57998, 58000, 58002, 47...... 61930 1902...... 59224 58005, 58007, 58257, 58293, 131...... 60456 30 CFR 4279...... 57483 58295, 58298, 58300, 58303, 159...... 61930 250...... 61589, 61891 4287...... 57483 58305, 59229, 59231, 59233, 292...... 60456 256...... 61891 Proposed Rules: 59236, 59237, 59240, 59243, 732...... 61194 19 CFR 51...... 61068 59244, 59246, 59252, 59256, Proposed Rules: 301...... 58084, 59280 59258, 59263, 59266, 59636, 12...... 58009, 61031 46...... 57808 319...... 59283 59638, 59640, 59644, 59647, 102...... 58009 48...... 57808 1030...... 58086 60203, 60205, 60206, 60211, 141...... 58009 50...... 57808 1219...... 59678, 61238 61226, 61229, 61547, 61549, 144...... 58009 56...... 57808 1260...... 58095 61716, 61720, 61721, 61723, 146...... 58009 57...... 57808 1437...... 57520 61727, 61729 163...... 58009 75...... 57808 61...... 61888 77...... 57808 9 CFR 20 CFR 71 ...... 57497, 57498, 57746, 117...... 57524 77 ...... 58291, 61025, 61226 58307, 58308, 58607, 59651, 404...... 61364 915...... 60478 93...... 57486 59652, 59653, 59990, 59992, 416...... 61364 936...... 60481 327...... 57725 60132, 60424, 61026, 61362, Proposed Rules: Proposed Rules: 61552, 61733, 61735, 61883 404 ...... 58999, 60251, 60463 31 CFR 94...... 61578 73...... 58607 408...... 60251 29...... 60003 95...... 57499 411...... 60748 10 CFR 97 ...... 57504, 57746, 60715, 416 ...... 58999, 60251, 60463 32 CFR 2...... 61885 61027 21 CFR 179...... 58016 430 ...... 59122, 60407, 61698 119...... 58796 199...... 61368 1...... 57505 431...... 60407, 61698 121...... 58796, 59932 504...... 60723 20...... 57505 50...... 61885 135...... 58796, 59932 631...... 60728 52...... 61885 145...... 58796, 59932 310...... 58974 Proposed Rules: 183...... 59932 341...... 58974 140...... 61885 505...... 61589 Proposed Rules: Proposed Rules: 510...... 57927 430...... 61395 1...... 58308 866...... 57748 33 CFR 25...... 58308 886...... 61736 100 ...... 58055, 61032, 61034 11 CFR 39 ...... 57804, 58100, 58103, Proposed Rules: 117 ...... 58056, 58057, 58059, Proposed Rules: 58107, 58110, 58352, 58355, 101...... 60749 58308, 59655, 61380, 61738 100...... 60744 58357, 58358, 58620, 58623, 133...... 60751 165 ...... 58608, 60004, 61739 58626, 58628, 58631, 58634, 589...... 58570 12 CFR 60244, 60246, 60453, 60744, Proposed Rules: 22 CFR 34...... 59987 61078, 61239, 61398, 61580, 165...... 58646 204...... 58603 61914, 61916, 61918, 61920, 51...... 61553 207...... 61401 225...... 59987 96...... 59654 61922, 61924, 61927 34 CFR 229...... 60418 71 ...... 57805, 61583, 61585, 24 CFR 323...... 59987 61586, 61587 668...... 61037 333...... 60420 91...... 58508 983...... 59892 674...... 61037 564...... 59987 121 ...... 58508, 58966, 58967 990...... 61366 682...... 61037 620...... 58293 125...... 58508 Proposed Rules: 685...... 61037 621...... 58293 129...... 58508 3280...... 61178 36 CFR 650...... 58293 135...... 58966, 58967 3282...... 61178 651...... 58293 382...... 61241 3288...... 61178 7...... 61893 652...... 58293 1260...... 60456 1230...... 58978 653...... 58293 25 CFR 654...... 58293 15 CFR 161...... 58882 37 CFR 655...... 58293 335...... 61363 Proposed Rules: 201...... 58310 713...... 61713 340...... 61363 517...... 60470 202...... 61905
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256...... 58310 Proposed Rules: 3835...... 58854 215...... 58980 Proposed Rules: 51...... 59680, 61081 3836...... 58854 252...... 58980 201...... 57526 52 ...... 57531, 58112, 58119, 3860...... 58854 1504...... 61567 58138, 58146, 58154, 58167, 3870...... 58854 1509...... 61567 38 CFR 59681, 59688, 59690, 60036, Proposed Rules: 1529...... 61567 Proposed Rules: 60037, 60769, 61081, 61104, 4...... 58167 1536...... 61567 5...... 61326 61402, 61403, 61590, 61750 2560...... 58654 1537...... 61567 62 ...... 57531, 57811, 57812, 1552...... 61567 44 CFR 39 CFR 58361, 61106 Proposed Rules: 111...... 61037 63 ...... 57534, 61404, 61411, 64...... 61388, 61389 2...... 60782 61417 65...... 57786, 57788 4...... 60782 Proposed Rules: 69...... 59690 111...... 60036 67...... 57791 52...... 60782 81...... 59690 206...... 60443 1835...... 60484 82...... 62030 40 CFR Proposed Rules: 1852...... 60484 158...... 61242 67...... 57848, 57850 3...... 59848 194...... 61107 9 ...... 59402, 59848, 60134 302...... 57813 45 CFR 49 CFR 35...... 61039 355...... 57813 Proposed Rules: 172...... 59119 51...... 59582, 59848 372...... 57822 302...... 60038 192...... 61571 52 ...... 57511, 57750, 58311, 403...... 60199 58313, 58321, 58325, 58978, 303...... 60038 195...... 61571 59657, 60008, 60010, 60735, 41 CFR 307...... 60038 303...... 58616 Ch. XXV...... 60257 387...... 58065 60738, 60740, 60741, 61232, 60–1...... 58946 571...... 61908 61382, 61384, 61556, 61561, 301–10...... 61046 46 CFR 591...... 57793 61563, 61741 301–11...... 60221 592...... 57793 60...... 59848 301–74...... 60221 296...... 59400 62 ...... 57762, 57764, 58328, Proposed Rules: 594...... 57793 61044 42 CFR 389...... 60770 Proposed Rules: 63 ...... 57513, 59402, 59848 29...... 58175 73...... 61047 47 CFR 69...... 59848 405...... 57785 173...... 61762 70...... 59848 412...... 57785 1...... 61049 180...... 61762 71...... 59848 413...... 57785 2...... 61742, 61747 192...... 57536 80...... 58330 415...... 57785 5...... 59276 387...... 61111 81 ...... 59657, 61232, 61563 419...... 57785 15...... 60742 393...... 58657 82...... 60443 422...... 57785 22...... 61049 571...... 57549 122...... 60134 431...... 58260 24...... 61049 25...... 59276 123...... 59848 457...... 58260 50 CFR 142...... 59848 483...... 58834 27...... 58061, 61049 145...... 59848 485...... 57785 51...... 60222 17 ...... 58335, 59808, 59952, 162...... 59848 Proposed Rules: 63...... 60222 60658, 60886 166...... 61232 411...... 59182 64 ...... 59664, 60222, 61747 222...... 60013, 61911 180...... 59268 421...... 58649 73 ...... 59277, 59279, 60742, 223...... 60013, 61911 233...... 59848 1001...... 59015 61748, 61749 622...... 57802 257...... 59848 90...... 61049 648 ...... 57517, 57802, 58351, 258...... 59848 43 CFR 97...... 59276 60449, 60450, 61233, 61577 260...... 59402 3000...... 58854 Proposed Rules: 660 ...... 58066, 59296, 61063, 261...... 57769, 60217 3100...... 58854 2...... 61752 61235, 61393 264...... 59402 3110...... 58854 22...... 60770 679 ...... 57518, 57803, 58983, 265...... 59402 3120...... 58854 24...... 60770 59675, 59676, 60742, 61067 266...... 59402 3130...... 58854 27...... 60770 Proposed Rules: 270...... 59402 3140...... 58610 63...... 60259 16...... 61933 271...... 59402, 59848 3200...... 58854 64...... 59704, 60259 17 ...... 57851, 58361, 60051, 281...... 59848 3470...... 58854 73 ...... 59292, 59293, 59294, 60608, 61591, 61770 403...... 59848, 60134 3500...... 58854 59295, 60781 21...... 59710, 60052 501...... 59848 3600...... 58854 622...... 60058 710...... 60217 3800...... 58854 48 CFR 635...... 58177, 58366 745...... 59848 3830...... 58854 Ch. 2 ...... 58980 660...... 61595, 61597 763...... 59848 3833...... 58854 204...... 58980 679...... 61775
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REMINDERS Class D airspace; published 8- AGRICULTURE Open for comments The items in this list were 9-05 DEPARTMENT until further notice; editorially compiled as an aid Class D and Class E Natural Resources published 2-25-05 [FR to Federal Register users. airspace; published 7-12-05 Conservation Service E5-00767] Inclusion or exclusion from Class D and E airspace; Reports and guidance ENERGY DEPARTMENT this list has no legal published 7-29-05 documents; availability, etc.: Meetings: significance. Class E airspace; published 6- National Handbook of Environmental Management 21-05 Conservation Practices; Site-Specific Advisory Class E airspace; correction; Open for comments until Board— RULES GOING INTO further notice; published published 8-5-05 Oak Ridge Reservation, 5-9-05 [FR 05-09150] EFFECT OCTOBER 27, IFR altitudes; published 10-3- TN; Open for comments 2005 05 CHEMICAL SAFETY AND until further notice; Restricted areas; published 8- HAZARD INVESTIGATION published 11-19-04 [FR ENVIRONMENTAL 3-05 BOARD 04-25693] PROTECTION AGENCY Restricted areas; correction; Meetings; Sunshine Act; Open ENERGY DEPARTMENT Air quality implementation published 6-9-05 for comments until further notice; published 10-4-05 Energy Efficiency and plans; approval and VOR Federal airways; Renewable Energy Office promulgation; various [FR 05-20022] published 7-12-05 Commercial and industrial States: COMMERCE DEPARTMENT VOR Federal airways and jet equipment; energy efficiency Texas; published 9-27-05 routes; published 8-8-05 National Oceanic and program: Atmospheric Administration INTERIOR DEPARTMENT Test procedures and Fishery conservation and Minerals Management efficiency standards— COMMENTS DUE NEXT management: Service Commercial packaged WEEK West Coast States and Outer Continental Shelf; oil, boilers; Open for Western Pacific gas, and sulphur operations: comments until further AGENCY FOR fisheries— Hurricanes Katrina and Rita; INTERNATIONAL notice; published 10-21- Pacific Coast groundfish; 04 [FR 04-17730] interuption of operations DEVELOPMENT comments due by 11-4- temporary fee waiver; Assistance awards to U.S. 05; published 10-5-05 ENVIRONMENTAL published 10-27-05 non-Governmental [FR 05-19986] PROTECTION AGENCY INTERIOR DEPARTMENT organizations; marking COURT SERVICES AND Air pollutants, hazardous; National Park Service requirements; Open for OFFENDER SUPERVISION national emission standards: comments until further Special regulations: AGENCY FOR THE Integrated iron and steel notice; published 8-26-05 manufacturing; comments Pictured Rocks National DISTRICT OF COLUMBIA [FR 05-16698] due by 10-31-05; Lakeshore, MI; personal Semi-annual agenda; Open for published 8-30-05 [FR 05- watercraft use; published AGRICULTURE comments until further 17193] 10-27-05 DEPARTMENT notice; published 12-22-03 Agricultural Marketing Secondary aluminum POSTAL SERVICE [FR 03-25121] Service DEFENSE DEPARTMENT production; correction; Domestic Mail Manual: comments due by 11-2- Cotton classing, testing and Acquisition regulations: Bundled flat-size and standards: 05; published 10-3-05 [FR irregular parcel mail; Contractor personnel 05-19714] Classification services to interacting with detainees; address visibility; Air programs; approval and growers; 2004 user fees; training; comments due by published 10-20-05 promulgation; State plans Open for comments until 10-31-05; published 9-1- for designated facilities and TRANSPORTATION further notice; published 05 [FR 05-17347] DEPARTMENT pollutants: 5-28-04 [FR 04-12138] Contractors; levy on Federal Aviation Fresh fruit and vegetable payment; comments due Missouri; comments due by Administration terminal market inspection by 10-31-05; published 9- 11-2-05; published 10-3- Air carrier certification and services; fee revisions; 1-05 [FR 05-17349] 05 [FR 05-19711] operations: comments due by 11-3-05; Pilot Mentor-Protege New Mexico; comments due Transport category published 10-20-05 [FR 05- Program; Open for by 11-3-05; published 10- airplanes— 20961] comments until further 4-05 [FR 05-19877] Passenger and flight Melons grown in— notice; published 12-15-04 North Carolina; comments attendant seats; South Texas; comments due [FR 04-27351] due by 10-31-05; improved by 11-4-05; published 10- Civilian health and medical published 9-29-05 [FR 05- crashworthiness; 5-05 [FR 05-20088] program of uniformed 19351] published 9-27-05 Oranges and grapefruit grown services (CHAMPUS): Air quality implementation Airworthiness directives: in— TRICARE program— plans; approval and promulgation; various Airbus; published 10-12-05 Texas; comments due by TRICARE Dental 10-31-05; published 8-31- States: Boeing; published 9-22-05 Program; participating 05 [FR 05-17321] providers reimbursement Oklahoma; comments due British Aerospace; published AGRICULTURE rate; revision; comments by 11-3-05; published 10- 10-12-05 DEPARTMENT due by 10-31-05; 4-05 [FR 05-19837] Airworthiness standards: Commodity Credit published 8-31-05 [FR Texas; comments due by Special conditions— Corporation 05-17299] 11-4-05; published 10-5- Airbus Model A318 Loan and purchase programs: EDUCATION DEPARTMENT 05 [FR 05-19994] airplanes; published 9- Noninsured Crop Disaster Grants and cooperative Environmental statements; 27-05 Assistance Program; agreements; availability, etc.: availability, etc.: Area navigation routes; tropical regions; Vocational and adult Coastal nonpoint pollution published 7-20-05 comments due by 11-2- education— control program— Class C and Class E 05; published 10-3-05 [FR Smaller Learning Minnesota and Texas; airspace; published 7-29-05 05-19671] Communities Program; Open for comments
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until further notice; Common carrier services: HOMELAND SECURITY published 8-30-05 [FR published 10-16-03 [FR Interconnection— DEPARTMENT 05-17173] 03-26087] Incumbent local exchange Customs and Border Refuge-specific public use Hazardous waste program carriers unbounding Protection Bureau regulations: authorizations: obligations; local Intelligence Reform and Kodiak National Wildlife Montana; comments due by competition provisions; Terrorism Prevention Act of Refuge, AK; comments 10-31-05; published 9-30- wireline services 2004; implementation: due by 10-31-05; 05 [FR 05-19617] offering advanced Travel within Western published 9-30-05 [FR 05- Pesticides; tolerances in food, telecommunications Hemisphere; documents 19570] animal feeds, and raw capability; Open for required; comments due LABOR DEPARTMENT agricultural commodities: comments until further by 10-31-05; published 9- Employee Benefits Security Flonicamid; comments due notice; published 12-29- 1-05 [FR 05-17533] Administration 04 [FR 04-28531] by 10-31-05; published 8- Organization and functions; Employee Retirement Income 31-05 [FR 05-17128] Radio services, special: field organization, ports of Security Act: entry, etc.: Halosulfuron-methyl; Amateur services— Annual reports; electronic comments due by 10-31- Sacramento, CA, port Telegraphy examination filing requirements; 05; published 8-31-05 [FR establishment; San requirement; comments comments due by 10-31- 05-17204] Francisco, CA, port limits 05; published 8-30-05 [FR due by 10-31-05; realignment; comments Lactic acid, 2-ethylhexyl published 8-31-05 [FR 05-17185] ester; comments due by due by 11-1-05; published 05-17226] 9-2-05 [FR 05-17536] NUCLEAR REGULATORY 10-31-05; published 8-31- COMMISSION 05 [FR 05-17360] HEALTH AND HUMAN HOMELAND SECURITY SERVICES DEPARTMENT DEPARTMENT Environmental statements; Methoxyfenozide; comments availability, etc.: due by 10-31-05; Centers for Medicare & Coast Guard Fort Wayne State published 8-31-05 [FR 05- Medicaid Services Anchorage regulations: 17131] Developmental Center; Medicaid and State Children’s Maryland; Open for Open for comments until S-metolachlor; comments Health Insurance Program: comments until further further notice; published due by 10-31-05; Payment error rate notice; published 1-14-04 5-10-04 [FR 04-10516] published 8-31-05 [FR 05- measurement; comments [FR 04-00749] OFFICE OF MANAGEMENT 17367] due by 11-4-05; published Drawbridge operations: AND BUDGET Superfund program: 10-5-05 [FR 05-19910] Louisiana; comments due by Management and Budget National oil and hazardous 11-1-05; published 9-2-05 Medicare: Office substances contingency Physicians’ services and [FR 05-17510] plan priorities list; Grants, other financial certain items; prior HOUSING AND URBAN comments due by 10-31- assistance, and determination of coverage; DEVELOPMENT 05; published 9-30-05 [FR nonprocurement comments due by 10-31- DEPARTMENT 05-19613] agreements; 05; published 8-30-05 [FR Grants and cooperative governmentwide guidance: Water pollution control: 05-17175] agreements; availability, etc.: Governmentwide debarment National Pollutant Discharge HEALTH AND HUMAN Homeless assistance; and suspension Elimination System— SERVICES DEPARTMENT excess and surplus (nonprocurement); Federal Concentrated animal Federal properties; Open Food and Drug agency guidance; feeding operations in for comments until further Administration comments due by 10-31- New Mexico and notice; published 8-5-05 05; published 8-31-05 [FR Human drugs: Oklahoma; general [FR 05-15251] 05-16647] permit for discharges; Drug approvals; INTERIOR DEPARTMENT Open for comments POSTAL SERVICE circumstances under Fish and Wildlife Service until further notice; which an active ingredient Domestic Mail Manual: published 12-7-04 [FR may be marketed in both Endangered and threatened Preparation standards for 04-26817] prescription and over-the- species permit applications bundles of mail on pallets; Texas; general permit for counter products; Recovery plans— comments due by 10-31- territorial seas; Open for comments due by 11-1- Paiute cutthroat trout; 05; published 9-30-05 [FR comments until further 05; published 9-1-05 [FR Open for comments 05-19531] notice; published 9-6-05 05-17390] until further notice; SECURITIES AND [FR 05-17614] Reports and guidance published 9-10-04 [FR EXCHANGE COMMISSION Water pollution; effluent documents; availability, etc.: 04-20517] Securities, etc.: Endangered and threatened guidelines for point source Evaluating safety of Sarbanes-Oxley Act of species: categories: antimicrobial new animal 2002; implementation— Findings on petitions, etc.— Meat and poultry products drugs with regard to their Exchange Act periodic processing facilities; Open microbiological effects on Yellowstone cutthroat reports; inclusion of for comments until further bacteria of human health trout; comments due by management’s report on notice; published 9-8-04 concern; Open for 10-31-05; published 9-1- internal control over [FR 04-12017] comments until further 05 [FR 05-17455] financial reporting and FEDERAL notice; published 10-27-03 Picture-wing flies (12 certification disclosure; COMMUNICATIONS [FR 03-27113] species) from Hawaiian comments due by 10- COMMISSION Medical devices— Islands; comments due by 31-05; published 9-29- 11-3-05; published 10-4- Committees; establishment, Dental noble metal alloys 05 [FR 05-19426] 05 [FR 05-19594] renewal, termination, etc.: and base metal alloys; Securities: Technological Advisory Class II special Importation, exportation, and Annual and quarterly Council; Open for controls; Open for transportation of wildlife: reports; accelerated filer comments until further comments until further Injurious wildlife— definition and accelerated notice; published 3-18-05 notice; published 8-23- Black carp; comments filing deadlines; comments [FR 05-05403] 04 [FR 04-19179] due by 10-31-05; due by 10-31-05;
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published 9-29-05 [FR 05- TRANSPORTATION comments due by 11-3- available online at http:// 19427] DEPARTMENT 05; published 10-4-05 www.archives.gov/federal- SMALL BUSINESS Federal Aviation [FR 05-19860] register/laws.html. ADMINISTRATION Administration Raytheon Model BH125 Disaster loan areas: Air traffic operating and flight Series 400A and 600A The text of laws is not rules, etc.: airplanes; comments published in the Federal Maine; Open for comments Register but may be ordered Washington, DC, due by 11-3-05; until further notice; in ‘‘slip law’’ (individual metropolitan special flight published 10-4-05 [FR published 2-17-04 [FR 04- pamphlet) form from the rules area; certain aircraft 05-19859] 03374] Superintendent of Documents, operations flight HUBZone program: TRANSPORTATION U.S. Government Printing restrictions; comments Government contracting, DEPARTMENT Office, Washington, DC 20402 due by 11-2-05; published 8(a) business National Highway Traffic (phone, 202–512–1808). The 8-4-05 [FR 05-15375] development, and small Safety Administration text will also be made business size standard Correction; comments due Motor vehicle safety available on the Internet from programs; comments due by 11-2-05; published standards: GPO Access at http:// 8-24-05 [FR 05-16781] by 10-31-05; published 8- Child restraint systems— www.gpoaccess.gov/plaws/ 30-05 [FR 05-17206] Airworthiness directives: Booster seats and index.html. Some laws may STATE DEPARTMENT Boeing; comments due by restraints for children not yet be available. Intelligence Reform and 10-31-05; published 9-15- weighing more than 50 Terrorism Prevention Act of 05 [FR 05-18319] lbs.; comments due by H.R. 3971/P.L. 109–91 2004; implementation: Dassault; comments due by 10-31-05; published 8- QI, TMA, and Abstinence Travel within Western 10-31-05; published 9-30- 31-05 [FR 05-17218] Programs Extension and Hemisphere; documents 05 [FR 05-19566] Motor homes and travel Hurricane Katrina required; comments due Empresa Brasileira de trailers over 10,000 Unemployment Relief Act of by 10-31-05; published 9- Aeronautica S.A. pounds; cargo carrying 2005 (Oct. 20, 2005; 119 Stat. 1-05 [FR 05-17533] (EMBRAER); comments capacity; comments due 2091) OFFICE OF UNITED STATES due by 10-31-05; by 10-31-05; published 8- Last List October 20, 2005 TRADE REPRESENTATIVE published 9-29-05 [FR 05- 31-05 [FR 05-17245] 19238] Trade Representative, Office TREASURY DEPARTMENT of United States General Electric Co.; comments due by 10-31- Internal Revenue Service Generalized System of Income taxes: Public Laws Electronic Preferences: 05; published 9-1-05 [FR 05-17400] Simplified service cost Notification Service 2003 Annual Product method and simplified (PENS) Review, 2002 Annual McDonnell Douglas; production method; cross- Country Practices Review, comments due by 10-31- reference; comments due and previously deferred 05; published 9-16-05 [FR by 11-1-05; published 8-3- PENS is a free electronic mail product decisions; 05-18401] 05 [FR 05-15362] notification service of newly petitions disposition; Open Sabreliner; comments due enacted public laws. To for comments until further by 10-31-05; published 9- subscribe, go to http:// notice; published 7-6-04 14-05 [FR 05-18209] LIST OF PUBLIC LAWS listserv.gsa.gov/archives/ [FR 04-15361] Airworthiness standards: publaws-l.html TRANSPORTATION Special conditions— This is a continuing list of DEPARTMENT Boeing Model 720B high public bills from the current Note: This service is strictly Debarment and suspension intensity radiated fields; session of Congress which for E-mail notification of new (nonprocurement); comments due by 11-3- have become Federal laws. It laws. The text of laws is not governmentwide 05; published 10-4-05 may be used in conjunction available through this service. requirements; comments [FR 05-19858] with ‘‘PLUS’’ (Public Laws PENS cannot respond to due by 11-4-05; published Dassault-Aviation Mystere- Update Service) on 202–741– specific inquiries sent to this 10-5-05 [FR 05-19965] Falcon 50 airplanes; 6043. This list is also address.
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